Title

The Opioid Crisis and the Dark Web

Wednesday, March 28, 2018
3:30pm
Russell Senate Office Building, Room 485
Washington, DC
United States
How Transnational Criminals Devastate U.S. Communities
Official Transcript: 
Moderator(s): 
Name: 
Paul Massaro
Title Text: 
Policy Advisor
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Kemp Chester
Title: 
Associate Director of the National Heroin Coordination Group
Body: 
Office of National Drug Control Policy
Name: 
John Clark
Title: 
Vice President and Chief Security Officer, Global Security
Body: 
Pfizer Inc.
Name: 
Louise Shelley
Title: 
Director, Terrorism, Transnational Crime, and Corruption Center (TraCCC)
Body: 
George Mason University

The opioid crisis is devastating the health and well-being of Americans. Following a dramatic increase in the use of prescription opioid painkillers in the late 1990s, the crisis now kills more than 40,000 people in the United States annually. Experts estimate that millions more abuse prescription opioids each year, many of whom later turn to heroin.

Transnational criminal organizations are one of the driving forces behind the intensity of the opioid crisis. By taking advantage of anonymous online marketplaces and legal delivery services, they can smuggle deadly drugs like fentanyl into the United States in a low-risk, high-reward way.

This briefing traced the criminal networks that produce these drugs, market them on the dark web, and smuggle them into the United States to better understand how the public and private sectors can more effectively respond to this crisis and save thousands of American lives.

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  • Human Rights in Central Asia

    Mr. Speaker, on Friday, December 21, Kazakhstan's President Nursultan Nazarbaev will be meeting with President Bush. Sometime in January, Uzbekistan's President Islam Karimov is likely to arrive for his visit. The invitations to these Heads of State obviously reflect the overriding U.S. priority of fighting international terrorism and the corresponding emphasis on the strategic importance of Central Asia, which until September 11 had been known largely as a resource-rich, repressive backwater.   As Co-Chairman of the Commission on Security and Cooperation in Europe, I have chaired a series of hearings in recent years focused on human rights and democratization in the Central Asian region.   Clearly, we need the cooperation of many countries, including Afghanistan's Central Asian neighbors, in this undertaking. But we should not forget, as we conduct our multidimensional campaigns, two vitally important points: first, Central Asian leaders need the support of the West at least as much as we need them.   Unfortunately, Central Asian presidents seem to have concluded that they are indispensable and that we owe them for allowing us to use their territory and bases in this fight against the terrorists and those who harbor them. I hope Washington does not share this misapprehension. By striking against the radical Islamic threat to their respective security and that of the entire region, we have performed a huge service for Central Asian leaders.   Second, one of the main lessons of September 11 and its aftermath is that repression of political opposition and alternative viewpoints is a key cause of terrorism. Secretary of State Colin Powell and National Security Adviser Condoleezza Rice have declared that the war on terrorism will not keep the United States from supporting human rights. I am hopeful the administration means what they have said. But given the sudden warming of relations between Washington and Central Asian leaders, I share the concerns voiced in many editorials and op-eds that the United States will downplay human rights in favor of cultivating ties with those in power. More broadly, I fear we will fall into an old pattern of backing repressive regimes and then being linked with them in the minds and hearts of their long-suffering peoples.   In that connection, Mr. Speaker, on the eve of President Nazarbaev's meeting with President Bush and in anticipation of the expected visit by President Karimov, as well as possible visits by other Central Asian leaders, I want to highlight some of the most glaring human rights problems in these countries.   To begin with, corruption is rampant throughout the region, and we should keep this in mind as the administration requests more money for assistance to Central Asian regimes. Kazakhstan's President Nazarbaev and some of his closest associates are under investigation by the U.S. Department of Justice for massive corruption. Not surprisingly, to keep any information about high-level misdeeds from the public, most of which lives in dire poverty, the Nazarbaev regime has cracked down hard on the media. Family or business associates of President Nazarbaev control most media outlets in the country, including printing houses which often refuse to print opposition or independent newspapers. Newspapers or broadcasters that try to cover taboo subjects are harassed by the government and editorial offices have had their premises raided. The government also controls the two main Internet service providers and regularly blocks the web site of the Information Analytical Center Eurasia, which is sponsored by Kazakhstan's main opposition party.   In addition, libel remains a criminal offense in Kazakhstan. Despite a growing international consensus that people should not be jailed for what they say or write, President Nazarbaev on May 3 ratified an amendment to the Media Law that increases the legal liability of editors and publishers. Furthermore, a new draft religion law was presented to the Kazakh parliament at the end of November without public consultation. If passed, it would seriously curtail the ability of individuals and groups to practice their religious faith freely.   Uzbekistan is a wholesale violator of human rights. President Karimov allows no opposition parties, permits no independent media, and has refused even to register independent human rights monitoring groups. Elections in Uzbekistan have been a farce and the Organization for Security and Cooperation in Europe (OSCE) rightly refused to observe the last presidential “contest,” in which Karimov's “rival” proclaimed that he was planning to vote for the incumbent.   In one respect, however, Karimov is not lacking, brazen gall. Last week, on the eve of Secretary Powell's arrival in Tashkent, Uzbek authorities announced plans to hold a referendum next month on extending Karimov's tenure in office from five years to seven. Some members of the tightly controlled parliament urged that he be made “president for life.” The timing of the announcement could have had only one purpose: to embarrass our Secretary of State and to show the United States that Islam Karimov will not be cowed by OSCE commitments on democracy and the need to hold free and fair elections.   I am also greatly alarmed by the Uzbek Government's imprisonment of thousands of Muslims, allegedly for participating in extremist Islamic groups, but who are probably “guilty” of the “crime” of attending non-government approved mosques. The number of people jailed on such dubious grounds is estimated to be between 5,000 and 10,000, according to Uzbek and international human rights organizations. While I do not dismiss Uzbek government claims about the seriousness of the religion-based insurgency, I cannot condone imprisonment of people based on mere suspicion of religious piety. As U.S. Government officials have been arguing for years, this policy of the Uzbek Government also seems counterproductive to its stated goal of eliminating terrorists. Casting the net too broadly and jailing innocent people will only inflame individuals never affiliated with any terrorist cell.   In addition, Uzbekistan has not only violated individual rights, but has also implemented policies that affect religious groups. For example, the Uzbek Government has consistently used its religion law to frustrate the ability of religious groups to register, placing them in a “Catch-22". By inhibiting registration, the Uzbek Government can harass and imprison individuals for attending unregistered religious meetings, as well as deny property purchases and formal education opportunities. As you can see, Mr. Speaker, Uzbekistan's record on human rights, democratization and religious freedom is unacceptable.   I am not aware that Kyrgyzstan's President Askar Akaev has been invited to Washington, but I would not be too surprised to learn of an impending visit. Once the most democratic state in Central Asia, Kyrgyzstan has gone the way of its neighbors, with rigged elections, media crackdowns and repression of opposition parties. At a Helsinki Commission hearing I chaired last week on democratization and human rights in Kyrgyzstan, we heard from the wife of Felix Kulov, Kyrgyzstan's leading opposition figure, who has been behind bars since January 2001. Amnesty International and many other human rights groups consider him a political prisoner, jailed because he dared to try to run against President Akaev. Almost all opposition and independent newspapers which have sought to expose high-level corruption have been sued into bankruptcy.   With respect to the proposed religion law the Kyrgyz Parliament is drafting, which would repeal the current law, significant concerns exist. If the draft law were enacted in its current emanation, it would categorize and prohibit groups based on beliefs alone, as well as allow arbitrary decisions in registering religious groups due to the vague provisions of the draft law. I encourage President Akaev to support a law with strong protections for religious freedom. Implementing the modification suggested by the OSCE Advisory Panel of Experts on Religious Freedom would ensure that the draft religion law meets Kyrgyzstan's OSCE commitments.   Mr. Speaker, this morning I had a meeting with Ambassador Meret Orazov of Turkmenistan and personally raised a number of specific human rights cases. Turkmenistan, the most repressive state in the OSCE space, resembles North Korea: while the people go hungry, megalomaniac President Saparmurat Niyazov builds himself palaces and monuments, and is the object of a Stalin-style cult of personality. No opposition of any kind is allowed, and anyone who dares to express a view counter to Niyazov is arrested. Turkmenistan is the only country in the OSCE region where places of worship have been destroyed on government orders; in November 1999 the authorities bulldozed a Seventh-Day Adventist Church. Since then, Niyazov has implemented his plans to provide a virtual bible for his benighted countrymen; apparently, he intends to become their spiritual as well as secular guide and president for life.   Turkmenistan has the worst record on religious freedom in the entire 55-nation OSCE. The systematic abuses that occur almost weekly are an abomination to the internationally recognized values which undergird the OSCE. Recent actions by Turkmen security agents against religious groups, including harassment, torture and detention, represent a catastrophic failure by Turkmenistan to uphold its human rights commitments as a participating OSCE State. In addition, last January, Mukhamed Aimuradov, who has been in prison since 1995, and Baptist pastor Shageldy Atakov, imprisoned since 1999, were not included in an amnesty which freed many prisoners. I hope that the Government of Turkmenistan will immediately and unconditionally release them, as well as all other prisoners of conscience.   Rounding out the Central Asian countries, Tajikistan also presents human rights concerns. A report has recently emerged concerning the government's religious affairs agency in the southern Khatlon region, which borders Afghanistan. According to reliable sources, a memorandum from the religious affairs agency expressed concern about “increased activity” by Christian churches in the region, calling for them to be placed under “the most stringent control.” Tajik Christians fear that this statement of intolerance could be a precursor to persecution. Keston News Service reported that law enforcement officials have already begun visiting registered churches and are trying to find formal grounds to close them down. Additionally, city authorities in the capital Dushanbe have cracked down on unregistered mosques.   Mr. Speaker, as the world focuses on Central Asia states with unprecedented energy, I wanted to bring these serious deficiencies in their commitment to human rights and democracy to the attention of my colleagues. All these countries joined the Organization for Security and Cooperation in Europe soon after their independence from the Soviet Union a decade ago. By becoming OSCE participating States, they agreed without reservation to comply with the Helsinki Final Act and all subsequent agreements. These documents cover a wide range of human dimension issues, including clear language on the human right of religious freedom and the right of the individual to profess and practice religion or belief. Unfortunately, as I have highlighted, these countries are failing in their commitment to promote and support human rights, and overall trends in the region are very disturbing.   The goals of fighting terrorism and steadfastly supporting human rights are not dichotomous. It is my hope that the U.S. Government will make issues of human rights and religious freedom paramount in bilateral discussions and public statements concerning the ongoing efforts against terrorism. In this context, the considerable body of OSCE commitments on democracy, human rights and the rule of law should serve as our common standard for our relations with these countries.

  • Helsinki Commission Examines U.S. Policy toward the OSCE

    By Erika B. Schlager, CSCE Counsel for International Law On October 3, the Helsinki Commission held a hearing on "U.S. Policy toward the OSCE." Originally scheduled for September 12, the hearing was postponed after the September 11 terrorist attacks. This hearing was convened to examine U.S. priorities and human rights concerns in the OSCE region; how the OSCE can serve to advance those goals and address human rights violations; the pros and cons of the institutionalization and bureaucratization of the OSCE and field activities; and the openness and transparency of the Helsinki process. Helsinki Commission Chairman Senator Ben Nighthorse Campbell (R-CO), Commissioners Rep. Benjamin L. Cardin (D-MD), and Rep. Robert B. Aderholt (R-AL) heard from four witnesses: A. Elizabeth Jones, Assistant Secretary of State for European Affairs; Lorne W. Craner, Assistant Secretary of State for Democracy, Human Rights, and Labor (who has since been formally appointed by the President as one of the three executive-branch Commissioners); Ambassador Robert Barry, former Head of OSCE Mission to Bosnia-Herzegovina; and P. Terrence Hopmann, professor of political science at Brown University and research director of the Program on Global Security at the Thomas J. Watson Jr. Institute for International Studies. Catherine Fitzpatrick, Executive Director of the International League for Human Rights, had agreed to participate in the hearing as originally scheduled for September 12, but was unable to attend on October 3. In her prepared statement, Assistant Secretary Jones described the OSCE as an important tool for advancing U.S. national interests “by promoting democracy, respect for human rights and fundamental freedoms, arms control and confidence building measures, economic progress, and responsible or sustainable environmental policies.” While portraying the OSCE as “the primary instrument for early warning, conflict prevention, crisis management, and post-conflict rehabilitation in [the] region,” she also argued that “it is not the forum for discussion or decision regarding all security issues” – a role implicitly reserved for NATO. Jones alluded to a possible role for the OSCE in combating terrorism, an issue that will be taken up at the OSCE Ministerial, scheduled for December 3 and 4 in Bucharest. In this connection, Chairman Campbell urged the State Department to pursue an OSCE meeting of Ministers of Justice and Interior as a step toward promoting practical cooperation in fighting corruption and organized crimes, major sources of financing for terrorist groups. Assistant Secretary Craner tackled an issue of key concern to human rights groups: would the war against terrorism erode efforts to promote democracy and human rights, particularly with respect to Central Asian countries that are now key U.S. allies in that war? Craner observed that “[s]ome people have expressed concern that, as a result of the September 11 attack on America, the Administration will abandon human rights. I welcome this hearing today to say boldly and firmly that this is not the case. Human rights and democracy are central to this Administration’s efforts, and are even more essential today than they were before September 11th. They remain in our national interest in promoting a stable and democratic world. We cannot win a war against terrorism by stopping our work on the universal observance of human rights. To do so would be merely to set the stage for a resurgence of terrorism in another generation.” The testimony of the two expert witnesses, Professor Hopmann and Ambassador Barry, examined the operational side of the OSCE, with particular focus on the field work of the institution. Hopmann, one of a small number of analysts in the United States who has written in depth about the work of the OSCE and who served as a public member on the U.S. Delegation to the OSCE Review Conference in Istanbul in 1999, offered several specific recommendations: 1) enhance the professional qualifications and training of its mission and support staff; 2) strengthen its capacity to mediate serious conflicts that appear to be on the brink of violence or that have become frozen in the aftermath of violence, including making better use of ‘eminent persons’ to assist these efforts; and 3) attract more active support from its major participating States, especially from the United States, to strengthen the OSCE's capacity to intervene early in potentially violent conflicts when diplomacy still has a chance to win out over force. Ambassador Barry drew on his experience as head of one of the OSCE’s largest missions to address the complex issue of the OSCE’s relations with other international organizations. Barry asserted that OSCE has, at times, “bitten off more than it can chew” and the United States needs to exercise discretion in assigning tasks to the OSCE. When asked specifically to describe the relationship between the OSCE and the Council of Europe, he characterized it as “permanent struggle.” He suggested that the two organizations should not compete with other, but play to their relative strengths: the OSCE, for example, should be dominant in field missions, while the Council of Europe should be given the lead in providing expert advice on legislative drafting. One area where the OSCE is underutilized is in the area of policing – the focus of a Commission hearing held on September 5, 2001. Barry remarked, “Last month several witnesses testified before the Commission concerning the OSCE role in police training and executive policing. With its requirement of universality, the [United Nations] must call upon police who are unable or unwilling to deal with terrorism or human rights violations at home. We cannot expect them to be much help, for example, in dealing with mujahedin fighters in Bosnia or Macedonia. Therefore I believe the OSCE ought to be the instrument of choice for both police training and executive policing. In order to fill the latter role the OSCE should change its policy on arming executive police. Unarmed international police have no leverage in societies where every taxi driver packs a gun.” Barry also argued that the United States needs to involve the Russian Federation more closely with OSCE. “Too often in the past,” he said, “we have marginalized Russia by making decisions in NATO and then asking OSCE to implement the decisions. Macedonia is only the most recent example.” Many of the questions raised by Commissioners focused on institutional issues such as the transparency of the weekly Permanent Council meetings in Vienna, the respective roles of the Chair-in-Office and Secretary General and pressure to enlarge the OSCE’s bureaucracy by establishing new high-level positions to address whatever is, at the moment, topical. State Department witnesses were asked several questions relating to specific countries where human rights issues are of particular concern, including Turkmenistan, a country whose human rights performance is so poor that some have suggested it should be suspended from the OSCE, and Azerbaijan, a country engaged in a significant crackdown against the media. Assistant Secretary Jones argued that, when faced with an absence of political will to implement OSCE human dimension commitments, it is necessary to “persevere” and to hold OSCE participating States accountable for their actions. Noting that the death penalty is the human rights issue most frequently raised with the United States, Commissioner Cardin asked Assistant Secretary Craner how the United States responds to this criticism and whether the use of capital punishment in the United States impacts our effectiveness. Craner noted that the death penalty in the United States is supported by the majority of Americans, in a democratic system, and that the quality of the U.S. judicial system ensures its fairness. He also argued that it does not affect the credibility of the United States on human rights issues. Professor Hopmann, however, disagreed with this assertion. Based on extensive contacts with European delegates to the OSCE in Vienna, Hopmann observed that Europeans find it difficult to reconcile the U.S. advocacy on human rights issues with a practice Europeans view as a human rights violation. Chairman Campbell recommended that similar hearings be convened on a periodic basis to update Congress and the American people on the ongoing work of the OSCE and how it advances U.S. interests across the spectrum of the security, economic, and human dimensions.

  • Civilian Police and Police Training in Post-Conflict OSCE Areas

    This hearing examined international efforts to deploy civilian police in post-conflict regions in Europe. The hearing also examined efforts to monitor and train local police for effectiveness in keeping with democratic standards and the rule of law. One of the more critical and difficult challenges in the transition to democracy in the OSCE region has been the process of transforming law enforcement structures. Progress in meeting this challenge has been mixed, and regrettably, in some countries those charged with upholding the law are themselves responsible for human rights violations

  • Helsinki Commissioners Play Key Role at OSCE Parliamentary Assembly

    Leaders and Members of the United States Helsinki Commission played a key role as part of the U.S. delegation to the Tenth Annual Parliamentary Assembly of the Organization for Security and Cooperation in Europe hosted by the French National Assembly July 6-10, 2001. The U.S. delegation successfully promoted measures to improve the conditions of human rights, security and economic development throughout Europe. Commission Chairman Senator Ben Nighthorse Campbell (R-CO) and Co-Chairman Rep. Christopher H. Smith (R-NJ) led eight of their Commission colleagues and five other Representatives on the delegation, the largest of any nation participating in the 2001 Assembly. The size of the 15-Member U.S. delegation was a demonstration of the continued commitment by the United States, and the U.S. Congress, to Europe. Commission Members from the Senate participating in the Assembly were Senator Kay Bailey Hutchison (R-TX) and Senator George V. Voinovich (R-OH). Commission Members from the House of Representatives included Rep. Steny H. Hoyer (D-MD), Rep. Joseph R. Pitts (R-PA), Rep. Benjamin L. Cardin (D-MD), Rep. Zach Wamp (R-TN),Rep. Louise McIntosh Slaughter (D-NY) and Rep. Alcee L. Hastings (D-FL). Other delegates from the House of Representatives were Rep. Michael McNulty (D-NY), Rep. Peter King (R-NY), Rep. Ed Bryant (R-TN), Rep. Joseph Hoeffel (D-NY) and Rep. Tom Tancredo (R-CO). The central theme of OSCE PA´s Tenth Annual Session was "European Security and Conflict Prevention: Challenges to the OSCE in the 21st Century." This year's Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States, including the first delegation from the Federal Republic of Yugoslavia following Belgrade's suspension from the OSCE process in 1992. Seven countries, including the Russian Federation and the Federal Republic of Yugoslavia, were represented at the level of Speaker of Parliament or President of the Senate. Following a decision made earlier in the year, the Assembly withheld recognition of the pro-Lukashenka National Assembly given serious irregularities in Belarus' 2000 parliamentary elections. In light of the expiration of the mandate of the democratically-elected 13th Supreme Soviet, no delegation from the Republic of Belarus was seated. The inaugural ceremony included welcoming addresses by the OSCE PA President Adrian Severin, Speaker of the National Assembly Raymond Forni, and the Speaker of the Senate Christian Poncelet. The French Minister of Foreign Affairs, Hubert Védrine also addressed delegates during the opening plenary. The OSCE Chairman-in-Office, Romanian Foreign Minister Mircea Geoana, presented remarks and responded to questions from the floor. Other senior OSCE officials also made presentations, including the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the OSCE Office for Democratic Institutions and Human Rights. The 2001 OSCE PA Prize for Journalism and Democracy was presented to the widows of the murdered journalists José Luis López de Lacalle of Spain and Georgiy Gongadze of Ukraine. The Spanish and Ukrainian journalists were posthumously awarded the prize for their outstanding work in furthering OSCE values. Members of the U.S. delegation played a leading role in debate in each of the Assembly's three General Committees - Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. Resolutions sponsored by Commissioners on the U.S. delegation served as the focal point for discussion on such timely topics as "Combating Corruption and International Crime in the OSCE Region," by Chairman Campbell; "Southeastern Europe," by Senator Voinovich; "Prevention of Torture, Abuse, Extortion or Other Unlawful Acts" and "Combating Trafficking in Human Beings," by Co-Chairman Smith; "Freedom of the Media," by Mr. Hoyer; and "Developments in the North Caucasus," by Mr. Cardin. Senator Hutchison played a particularly active role in debate over the Anti-Ballistic Missile Treaty in the General Committee on Political Affairs and Security, chaired by Mr. Hastings, which focused on the European Security and Defense Initiative. An amendment Chairman Campbell introduced in the General Committee on Economic Affairs, Science, Technology and Environment on promoting social, educational and economic opportunity for indigenous peoples won overwhelming approval, making it the first ever such reference to be included in an OSCE PA declaration. Other U.S. amendments focused on property restitution laws, sponsored by Mr. Cardin, and adoption of comprehensive non-discrimination laws, sponsored by Mr. Hoyer. Chairman Campbell sponsored a resolution calling for lawmakers to enact specific legislation designed to combat international crime and corruption. The resolution also urged the OSCE Ministerial Council, expected to meet in the Romanian capital of Bucharest this December, to consider practical means of promoting cooperation among the participating States in combating corruption and international crime. Co-Chairman Smith sponsored the two resolutions at the Parliamentary Assembly. Smith's anti-torture resolution called on participating States to exclude in courts of law or legal proceedings evidence obtained through the use of torture or other forms of cruel, inhuman or degrading treatment. Smith also worked with the French delegation to promote a measure against human trafficking in the OSCE region. Amendments by members of the U.S. delegation on the General Committee on Democracy, Human Rights and Humanitarian Questions focused on the plight of Roma, Mr. Smith; citizenship, Mr. Hoyer; and Nazi-era compensation and restitution, and religious liberty, Mrs. Slaughter. The Parliamentary Assembly adopted a resolution sponsored by Mr. Hoyer which called on all OSCE States to ensure freedom of speech and freedom of the press in their societies. Hoyer said an open, vibrant and pluralistic media is the cornerstone of democracy. He noted that free press is under attack in some OSCE countries. Senator Voinovich sponsored a comprehensive resolution promoting greater stability in Southeast Europe. Senator Voinovich's resolution pushed for a political solution to the violence and instability which has engrossed Southeastern Europe. Mrs. Slaughter successfully sought measures toward protecting religious liberties and recognizing the importance of property restitution. An amendment noted that OSCE participating States have committed to respecting fundamental religious freedoms. Another amendment recognized that attempts to secure compensation and restitution for losses perpetrated by the Nazis can only deliver a measure of justice to victims and their heirs. Mr. Cardin sponsored a resolution on the North Caucasus region of the Russian Federation which denounced the excessive force used by Russian military personnel against civilians in Chechnya. The resolution condemns all forms of terrorism committed by the Russian military and Chechen fighters. One of Cardin's amendments addressed the restitution of property seized by the Nazis and Communists during and after World War II. Mr. Hastings was elected to a three-year term as one of nine Vice Presidents of the Parliamentary Assembly. Mr. Hastings most recently served as Chairman of the Assembly's General Committee on Political Affairs and Security. U.S. participants also took part in debate on the abolition of the death penalty, an issue raised repeatedly during the Assembly and in discussions on the margins of the meeting. The Paris Declaration of the OSCE Parliamentary Assembly is available on the Internet at http://www.osce.org/pa. While in Paris, members of the delegation held a series of meetings, including bilateral sessions with representatives from the Russian Federation, the Federal Republic of Yugoslavia, the United Kingdom, and Kazakhstan. Members also met with the President of the French National Assembly to discuss diverse issues in U.S.-French relations including military security, agricultural trade, human rights and the death penalty. During a meeting with Romanian Foreign Minister Mircea Geoana, Members discussed the United States' proposal of a strategic defense initiative, policing in the former Yugoslavia, and international adoption policy. Members also attended a briefing by legal experts on developments affecting religious liberties in Europe. A session with representatives of American businesses operating in France and elsewhere in Europe gave members insight into the challenges of today's global economy. Elections for officers of the Assembly were held during the final plenary. Mr. Adrian Severin of Romania was re-elected President. Senator Jerahmiel Graftstein of Canada was elected Treasurer. Three of the Assembly's nine Vice-Presidents were elected to three-year terms: Rep. Alcee Hastings (USA), Kimmo Kiljunen (Finland), and Ahmet Tan (Turkey). The Assembly's Standing Committee agreed that the Eleventh Annual Session of the OSCE Parliamentary Assembly will be held next July in Berlin, Germany. En route to Paris, the delegation traveled to Normandy for a briefing by United States Air Force General Joseph W. Ralston, Commander in Chief of the U.S. European Command and Supreme Allied Commander Europe. General Ralston briefed the delegation on security developments in Europe, including developments in Macedonia, Kosovo and Bosnia-Herzegovina, as well as cooperation with the International Criminal Tribunal for the former Yugoslavia. At the Normandy American Cemetery, members of the delegation participated in ceremonies honoring Americans killed in D-Day operations. Maintained by the American Battle Monuments Commission, the cemetery is the final resting place for 9,386 American service men and women and honors the memory of the 1,557 missing. The delegation also visited the Pointe du Hoc Monument honoring elements of the 2nd Ranger Battalion. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Helsinki Commissioners Play Key Role in United States Delegation to the OSCE Parliamentary Assembly

    Leaders and Members of the United States Helsinki Commission played a key role as part of the U.S. delegation to the Tenth Annual Parliamentary Assembly of the Organization for Security and Cooperation in Europe hosted by the French National Assembly July 6-10, 2001. The U.S. delegation successfully promoted measures to improve the conditions of human rights, security and economic development throughout Europe. Commission Chairman Senator Ben Nighthorse Campbell (R-CO) and Co-Chairman Rep. Christopher H. Smith (R-NJ) led eight of their Commission colleagues and five other Representatives on the delegation, the largest of any nation participating in the 2001 Assembly. The size of the 15-Member U.S. delegation was a demonstration of the continued commitment by the United States, and the U.S. Congress, to Europe. Commission Members from the Senate participating in the Assembly were Senator Kay Bailey Hutchison (R-TX) and Senator George V. Voinovich (R-OH). Commission Members from the House of Representatives included Rep. Steny H. Hoyer (D-MD), Rep. Joseph R. Pitts (R-PA), Rep. Benjamin L. Cardin (D-MD), Rep. Zach Wamp (R-TN),Rep. Louise McIntosh Slaughter (D-NY) and Rep. Alcee L. Hastings (D-FL). Other delegates from the House of Representatives were Rep. Michael McNulty (D-NY), Rep. Peter King (R-NY), Rep. Ed Bryant (R-TN), Rep. Joseph Hoeffel (D-NY) and Rep. Tom Tancredo (R-CO). The central theme of OSCE PA´s Tenth Annual Session was "European Security and Conflict Prevention: Challenges to the OSCE in the 21st Century." This year's Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States, including the first delegation from the Federal Republic of Yugoslavia following Belgrade's suspension from the OSCE process in 1992. Seven countries, including the Russian Federation and the Federal Republic of Yugoslavia, were represented at the level of Speaker of Parliament or President of the Senate. Following a decision made earlier in the year, the Assembly withheld recognition of the pro-Lukashenka National Assembly given serious irregularities in Belarus' 2000 parliamentary elections. In light of the expiration of the mandate of the democratically-elected 13th Supreme Soviet, no delegation from the Republic of Belarus was seated. The inaugural ceremony included welcoming addresses by the OSCE PA President Adrian Severin, Speaker of the National Assembly Raymond Forni, and the Speaker of the Senate Christian Poncelet. The French Minister of Foreign Affairs, Hubert Védrine also addressed delegates during the opening plenary. The OSCE Chairman-in-Office, Romanian Foreign Minister Mircea Geoana, presented remarks and responded to questions from the floor. Other senior OSCE officials also made presentations, including the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the OSCE Office for Democratic Institutions and Human Rights. The 2001 OSCE PA Prize for Journalism and Democracy was presented to the widows of the murdered journalists José Luis López de Lacalle of Spain and Georgiy Gongadze of Ukraine. The Spanish and Ukrainian journalists were posthumously awarded the prize for their outstanding work in furthering OSCE values. Members of the U.S. delegation played a leading role in debate in each of the Assembly's three General Committees - Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. Resolutions sponsored by Commissioners on the U.S. delegation served as the focal point for discussion on such timely topics as "Combating Corruption and International Crime in the OSCE Region," by Chairman Campbell; "Southeastern Europe," by Senator Voinovich; "Prevention of Torture, Abuse, Extortion or Other Unlawful Acts" and "Combating Trafficking in Human Beings," by Co-Chairman Smith; "Freedom of the Media," by Mr. Hoyer; and "Developments in the North Caucasus," by Mr. Cardin. Senator Hutchison played a particularly active role in debate over the Anti-Ballistic Missile Treaty in the General Committee on Political Affairs and Security, chaired by Mr. Hastings, which focused on the European Security and Defense Initiative. An amendment Chairman Campbell introduced in the General Committee on Economic Affairs, Science, Technology and Environment on promoting social, educational and economic opportunity for indigenous peoples won overwhelming approval, making it the first ever such reference to be included in an OSCE PA declaration. Other U.S. amendments focused on property restitution laws, sponsored by Mr. Cardin, and adoption of comprehensive non-discrimination laws, sponsored by Mr. Hoyer. Chairman Campbell sponsored a resolution calling for lawmakers to enact specific legislation designed to combat international crime and corruption. The resolution also urged the OSCE Ministerial Council, expected to meet in the Romanian capital of Bucharest this December, to consider practical means of promoting cooperation among the participating States in combating corruption and international crime. Co-Chairman Smith sponsored the two resolutions at the Parliamentary Assembly. Smith's anti-torture resolution called on participating States to exclude in courts of law or legal proceedings evidence obtained through the use of torture or other forms of cruel, inhuman or degrading treatment. Smith also worked with the French delegation to promote a measure against human trafficking in the OSCE region. Amendments by members of the U.S. delegation on the General Committee on Democracy, Human Rights and Humanitarian Questions focused on the plight of Roma, Mr. Smith; citizenship, Mr. Hoyer; and Nazi-era compensation and restitution, and religious liberty, Mrs. Slaughter. The Parliamentary Assembly adopted a resolution sponsored by Mr. Hoyer which called on all OSCE States to ensure freedom of speech and freedom of the press in their societies. Hoyer said an open, vibrant and pluralistic media is the cornerstone of democracy. He noted that free press is under attack in some OSCE countries. Senator Voinovich sponsored a comprehensive resolution promoting greater stability in Southeast Europe. Senator Voinovich's resolution pushed for a political solution to the violence and instability which has engrossed Southeastern Europe. Mrs. Slaughter successfully sought measures toward protecting religious liberties and recognizing the importance of property restitution. An amendment noted that OSCE participating States have committed to respecting fundamental religious freedoms. Another amendment recognized that attempts to secure compensation and restitution for losses perpetrated by the Nazis can only deliver a measure of justice to victims and their heirs. Mr. Cardin sponsored a resolution on the North Caucasus region of the Russian Federation which denounced the excessive force used by Russian military personnel against civilians in Chechnya. The resolution condemns all forms of terrorism committed by the Russian military and Chechen fighters. One of Cardin's amendments addressed the restitution of property seized by the Nazis and Communists during and after World War II. Mr. Hastings was elected to a three-year term as one of nine Vice Presidents of the Parliamentary Assembly. Mr. Hastings most recently served as Chairman of the Assembly's General Committee on Political Affairs and Security. U.S. participants also took part in debate on the abolition of the death penalty, an issue raised repeatedly during the Assembly and in discussions on the margins of the meeting. While in Paris, members of the delegation held a series of meetings, including bilateral sessions with representatives from the Russian Federation, the Federal Republic of Yugoslavia, the United Kingdom, and Kazakhstan. Members also met with the President of the French National Assembly to discuss diverse issues in U.S.-French relations including military security, agricultural trade, human rights and the death penalty. During a meeting with Romanian Foreign Minister Mircea Geoana, Members discussed the United States' proposal of a strategic defense initiative, policing in the former Yugoslavia, and international adoption policy. Members also attended a briefing by legal experts on developments affecting religious liberties in Europe. A session with representatives of American businesses operating in France and elsewhere in Europe gave members insight into the challenges of today's global economy. Elections for officers of the Assembly were held during the final plenary. Mr. Adrian Severin of Romania was re-elected President. Senator Jerahmiel Graftstein of Canada was elected Treasurer. Three of the Assembly's nine Vice-Presidents were elected to three-year terms: Rep. Alcee Hastings (USA), Kimmo Kiljunen (Finland), and Ahmet Tan (Turkey). The Assembly's Standing Committee agreed that the Eleventh Annual Session of the OSCE Parliamentary Assembly will be held next July in Berlin, Germany. En route to Paris, the delegation traveled to Normandy for a briefing by United States Air Force General Joseph W. Ralston, Commander in Chief of the U.S. European Command and Supreme Allied Commander Europe. General Ralston briefed the delegation on security developments in Europe, including developments in Macedonia, Kosovo and Bosnia-Herzegovina, as well as cooperation with the International Criminal Tribunal for the former Yugoslavia. At the Normandy American Cemetery, members of the delegation participated in ceremonies honoring Americans killed in D-Day operations. Maintained by the American Battle Monuments Commission, the cemetery is the final resting place for 9,386 American service men and women and honors the memory of the 1,557 missing. The delegation also visited the Pointe du Hoc Monument honoring elements of the 2nd Ranger Battalion.

  • U.S. Aid to Ukraine

    Mr. Chairman, I rise in strong support of the Kaptur amendment which would create a floor rather than a ceiling for the level of funding to the U.S. assistance to Ukraine. The level of funding provided for assistance to Ukraine, as has been pointed out, $125 million, is not insignificant. However, it does represent a precipitous $44 million reduction from last year, the 2001 level of $169 million. I share the concerns about some of the recent developments in the Ukraine which are raised in the report language, including the unresolved deaths of Ukrainian journalists. In fact, I was the first Member to express concerns about murdered journalist Georgiy Gongadze following his disappearance last September. In May, the Helsinki Commission, which I co-chair, held a hearing devoted exclusively to the situation in Ukraine. Clearly the downward trends and negative developments in Ukraine were enumerated, and the leadership of Ukraine was strongly encouraged to demonstrate in word, and as the chairman pointed out, in deed as well, greater respect for human rights and the rule of law. Mr. Chairman, 2 weeks ago I co-chaired the U.S. delegation to the OSCE Parliamentary Assembly in Paris. One of the most moving and most powerful moments of that entire meeting was Mrs. Gongadze's acceptance of the OSCE Prize for Journalism and Democracy on behalf of her murdered husband. And as the gentlewoman pointed out, she has called on this body not to cut this funding. While we were troubled by the developments in the Ukraine, including the situation of the media and the April ouster of Ukraine's reformist Prime Minister, we cannot deny the positive developments either. These include for the first time in over a decade strong economic growth, continued good relations with her neighbors, and a cooperative partnership with the West, especially the United States. Now is not the time to cut assistance. Ukraine still has tremendous needs. For example, the Chernobyl power plant was shut down last December, but the consequences of that nuclear disaster still leaves an indelible mark on the Ukrainian nation. They need continued assistance in overcoming this devastating legacy, especially its toll in cancer and other serious illnesses. Ukraine's weak medical infrastructure still faces considerable challenges, such as the growing AIDS problem. As the gentlewoman from Ohio (Ms. Kaptur) pointed out, very little of our assistance benefits directly the Ukrainian government. Instead, it goes to programs that help NGOs and the independent media or municipal and small business development. With the parliamentary elections approaching next March, NGOs, political parties and reform-oriented local governments working to strengthen democracy in Ukraine need our support, as does the independent media. Finally, Mr. Chairman, in his address at Warsaw University during his visit to Poland last month, President Bush stated, “The Europe we are building must include Ukraine, a nation struggling with the trauma of transition. Some in Kyiv speak of their country's European destiny. If this is their aspiration, we should reward it.'' Mr. Chairman, I hope the gentlewoman's amendment is adopted as this work-in-progress makes its way through the House and conference.

  • "Disappeared" Belarusian Opposition Leaders

    Mr. President, earlier today, I had the opportunity to meet with the wives of four Belarusian opposition leaders who have either disappeared, been imprisoned, or have died under mysterious circumstances. Theirs is a compelling story which starkly illustrates the human toll of Alexander Lukashenka's regime in which human rights, democracy and the rule of law are violated with impunity.   These courageous women--Ludmilla Karpenko, Irina Krasovska, Tatiana Klimova and Svetlana Zavadska--conveyed their concerns about their husbands as well as about the continuing climate of fear in Belarus.   Earlier this month, I led a delegation to the OSCE Parliamentary Assembly Annual Session, where I met with Anatoly Lebedko, one of the leaders of the Belarusian democratic opposition.   Belarusian presidential elections are quickly coming up--on September 9. Unfortunately, the Belarusian authorities have not yet made a serious commitment to abide by criteria set forth well over a year ago by the Organization for Security and Cooperation in Europe, OSCE, of which Belarus is a member. These criteria include an end of the climate of fear, equal access to the state media for all candidates, respect for freedom of assembly, as well as transparency and fairness in the registration of candidates and functioning of electoral commissions.   The Helsinki Commission, which I chair, continues to receive troubling reports concerning developments in Belarus. Indeed, the prospects for free and fair presidential elections this fall remain dim. The unbalanced composition of the regional electoral commissions is particularly disturbing given the apparent rejection by the authorities of all candidates--over 800--proposed by Belarusian democratic parties and non-governmental organizations. The Belarusian authorities need to guarantee the impartiality of the electoral commissions by ensuring that democratic parties and non-governmental organizations, NGOs, are represented meaningfully and to correct other reported violations of the electoral code.   The State Department has urged the Belarusian authorities to mount a credible investigation to account for missing former Minister of Internal Affairs Yury Zakharenka, 13th Supreme Soviet Deputy Chairman Viktor Gonchar and his associate Anatoly Krasovsky, as well as Russian Television cameraman Dmitry Zavadsky. They have urged the immediate release of political prisoners and 13th Supreme Soviet members Andrei Klimov and Valery Shchukin. Such an investigation, as well as the release of political prisoners, will be an essential factor in reducing the current climate of fear.   Finally, the Belarusian authorities need to work with the OSCE to facilitate the work of international and domestic observers and to help ensure that all candidates are able to organize freely, without harassment, and carry their campaigns to the people.   While it is not yet too late for the Belarusian authorities to take the steps necessary to ensure an atmosphere conducive to elections that will meet international democratic standards, time is of the essence. Free and fair presidential elections are an essential step if Belarus is to move ahead and end its self-imposed isolation. As President Bush has remarked in connection with this week's observance of Captive Nations Week, America must remain vigilant in our support of those living under authoritarianism. The people of Belarus have that support as they seek to overcome the legacy of the past and build an independent nation based on democracy, human rights and the rule of law.

  • Twenty-Five Years of the Helsinki Commission

    Mr. Speaker, twenty-five years ago this month, on June 3, 1976, a law was enacted creating the Commission on Security and Cooperation in Europe. We know it as “the Helsinki Commission.” One of the smallest and most unique bodies in the U.S. Government, it perhaps ranks among the most effective for its size. I have been proud to be a member of the Commission for the past 16 years. When President Gerald Ford signed, in Helsinki in 1975, the Final Act of the Conference on Security and Cooperation in Europe, he said that “history will judge this Conference not by what we say here today, but by what we do tomorrow--not only by the promises we make, but by the promises we keep.” That piece of rhetoric has not only been repeated in various forms by every United States President since; it has continually served as a basis for U.S. policy toward Europe. Credit for this fact, and for the Commission's establishment, first goes to our late colleague here in the House, Millicent Fenwick, and the late-Senator Clifford Case, both of New Jersey. Observing the foundation of human rights groups in the Soviet Union and Eastern Europe to monitor and, it was hoped, to encourage their governments to keep the promises made in Helsinki, she and other Members of Congress felt it would be good to give them some signs of support.   Keep in mind, Mr. Speaker, that this was in the midst of detente with Moscow, a polite dance of otherwise antagonistic great powers. It was a time when the nuclear warhead was thought to be more powerful than the human spirit, and the pursuit of human rights in the communist world was not considered sufficiently realistic, except perhaps as a propaganda tool with which to woo a divided European continent and polarized world. The philosophy of the Commission was otherwise. Respect for human rights and fundamental freedoms is, as the Helsinki Final Act indicates, a prerequisite for true peace and true security. As such, it is also a principle guiding relations between states, a legitimate matter for discussion among them. This philosophy, broadened today to include democratic norms such as free and fair elections and respect for the rule of law, remains the basis for the Commission's work.   Of course, the Commission was not meant to be a place for mere debate on approaches to foreign policy; it had actually to insert itself into the policy-making process. The Commission Chairman for the first decade, the late Dante Fascell of Florida, fought hard to do just that. It was, I would say, a bipartisan fight, with several different Congresses taking on several different Administrations. Moreover, it was not just a fight for influence in policy-making; it was a much tougher fight for better policies. The Commission staff, led during those early years by R. Spencer Oliver, was superb in this respect. It knew the Soviet Union and Eastern Europe. It worked with non-governmental organizations to increase public diplomacy and, subsequently, public support for In 15 years at the East-West divide, the Commission also championed policies, like the Jackson-Vanik amendment, linking human rights to trade and other aspects of U.S. bilateral relationships. The concept of linkage has often been chastised by the foreign policy establishment, but it comes from the passion of our own country's democratic heritage and nature. With persistence and care, it ultimately proved successful for the United States and the countries concerned.   The Helsinki Commission also became the champion of engagement. Commission members did not simply speak out on human rights abuses; they also traveled to the Soviet Union and the communist countries of East-Central Europe, meeting dissidents and ``refuseniks'' and seeking to gain access to those in the prisons and prison camps. At first, the Commission was viewed as such a threat to the communist system that its existence would not be officially acknowledged, but Commissioners went anyway, in other congressional capacities until such time that barriers to the Commission were broken down. The Commission focus was on helping those who had first inspired the Commission's creation, namely the Helsinki and human rights monitors, who had soon been severely persecuted for assuming in the mid-1970s that they could act upon their rights. Ethnic rights, religious rights, movement, association and expression rights, all were under attack, and the Commission refused to give up its dedication to their defense. Eventually, the hard work paid off, and the beginning of my tenure with the Commission coincided with the first signs under Gorbachev that East-West divisions were finally coming to an end. Sharing the chairmanship with my Senate counterparts--first Alfonse D'Amato of New York and then Dennis DeConcini of Arizona--the Commission argued against easing the pressure at the time it was beginning to produce results.   We argued for the human rights counterpart of President Reagan's “zero option'' for arms control, in which not only the thousands of dissenters and prospective emigrants saw benefits. They were joined by millions of everyday people--workers, farmers, students--suddenly feeling more openness, real freedom, and an opportunity with democracy. Dissidents on whose behalf the Commission fought--while so many others were labeling them insignificant fringe elements in society--were now being released and becoming government leaders, people like Polish Foreign Minister Bronislaw Geremek and Czech President Vaclav Havel. The independence of the Baltic States, whose forced incorporation into the USSR was never officially recognized by the United States, was actually reestablished, followed by others wishing to act upon the Helsinki right to self-determination.   Of course, Mr. Speaker, those of us on the Commission knew that the fall of communism would give rise to new problems, namely the extreme nationalism which communism swept under the rug of repression rather than neutralized with democratic antiseptic. Still, none of us fully anticipated what was to come in the 1990s. It was a decade of democratic achievement, but it nevertheless witnessed the worst violations of Helsinki principles and provisions, including genocide in Bosnia-Herzegovina and brutal conflicts elsewhere in the Balkans as well as in Chechnya, the Caucuses and Central Asia, with hundreds of thousands innocent civilians killed and millions displaced. Again, it was the Commission which helped keep these tragedies on the U.S. foreign policy agenda, holding hearings, visiting war zones and advocating an appropriately active and decisive U.S. response. In the face of such serious matters, too many sought to blame history and even democracy, equated victim with aggressor and fecklessly abandoned the principles upon which Helsinki was based. Again the Commission, on a bipartisan basis in dialogue with different Administrations, took strong issue with such an approach. Moreover, with our distinguished colleague, Christopher Smith of New Jersey, taking his turn as Chairman during these tragic times, the Commission took on a new emphasis in seeking justice for victims, providing much needed humanitarian relief and supporting democratic movements in places like Serbia for the sake of long-term stability and the future of the people living there.   In this new decade, Mr. Speaker, the Commission has remained actively engaged on the issues of the time. Corruption and organized crime, trafficking of women and children into sexual slavery, new attacks on religious liberty and discrimination in society, particularly against Romani populations in Europe, present new challenges. Senator Ben Nighthorse Campbell of Colorado, the latest Commission Chairman, has kept the Commission current and relevant. In addition, there continue to be serious problem areas or widespread or systemic violations of OSCE standards in countries of the Balkans, Central Asia and the Caucuses, or reversals of the democratization process as in Belarus. The Commission was born in the Cold War, but its true mission--the struggle for human rights, democratic government and the rule of law--remains as important now as it was then. It remains an essential element for true security and stability in the world, as well as, to paraphrase Helsinki, for the free and full development of the individual person, from whose inherent dignity human rights ultimately derive.   To conclude, Mr. Speaker, I wish to erase any illusion I have given in my praise for the Helsinki Commission on its first quarter of a century that it had single-handedly vanquished the Soviet empire or stopped the genocidal policies of Slobodan Milosevic. No, this did not occur, and our own efforts pale in comparison to the courage and risk-taking of human rights activists in the countries concerned. But I would assert, Mr. Speaker, that the wheels of progress turn through the interaction of numerous cogs, and the Commission has been one of those cogs, maybe with some extra grease. The Commission certainly was the vehicle through which the United States Government was able to bring the will of the American people for morality and human rights into European diplomacy. To those who were in the Soviet gulag, or in Ceausescu's Romania as a recent acquaintance there relayed to me with much emotion, the fact that some Americans and others were out there, speaking on their behalf, gave them the will to survive those dark days, and to continue the struggle for freedom. Many of those voices were emanating in the non-governmental community, groups like Amnesty International, Freedom House and Human Rights Watch. Through the Helsinki Commission, the voice of the United States Congress was heard as well, and I know that all of my colleagues who have been on the Commission or worked with it are enormously proud of that fact.

  • Introduction of the International Anti-Corruption Act of 2001

    Mr. President, today I introduce the International Anti-Corruption Act of 2001. This legislation addresses the growing problem of official and unofficial corruption abroad. This bill is based on S. 1514, which I introduced in the 106th Congress. Endemic corruption around the world negatively impacts both the United States and the citizens of countries where corruption is tolerated. Overseas corruption directly hurts U.S. businesses as they endeavor to expand internationally. U.S. workers are affected when corruption closes doors to our exports. In addition, the honest and hardworking citizens of countries stricken with corruption suffer as they are compelled to pay bribes to officials and other people in positions of power just to get the permits and licenses they need to get things done. The trade barrier created by corruption also limits the purchasing choices available to these people. Finally, many leading U.S. companies that are eager to invest and build factories overseas to produce consumer goods for consumption in those countries, often wisely choose not to do so because they are not willing to deal with the corruption they would encounter. Overall, honest and hardworking people living all around the world suffer as productive output is unjustly harmed. As the Chairman of the Commission on Security and Cooperation in Europe, known as the Helsinki Commission, I am working to address the problem of corruption. In the 106th Congress, I chaired a Commission hearing that focused on the issues of bribery and corruption in the region of the Organization for Security and Cooperation in Europe, an area stretching from Vancouver to Vladivostok. During this hearing, the Commission heard that, in economic terms, rampant corruption and organized crime in this vast region has cost U.S. businesses billions of dollars in lost contracts with direct implications for our economy. In addition, two years ago while attending the annual session of the OSCE Parliamentary Assembly in St. Petersburg, Russia, I had an opportunity to sit down with U.S. business representatives and learned, first-hand, about the many obstacles they face. Ironically, in some of the biggest recipients of U.S. foreign assistance--countries like Russia and Ukraine--the climate is either not conducive or outright hostile to American business. The time has come to stop providing aid as usual to those countries which line up to receive our assistance, only to turn around and fleece U.S. businesses conducting legitimate operations in these countries. For this reason, I am introducing the International Anti-Corruption Act of 2001 to require the State Department to submit a report and the President to certify by March 1 of each year that countries which are receiving U.S. foreign aid are, in fact, conducive to American businesses and investors. If a country is found to be hostile to American businesses, aid from the United States would be cut off. The certification would be specifically based on whether a country is making progress in, and is committed to, economic reform aimed at eliminating corruption. In fact, monitoring and measuring corruption, and the corresponding overall economic freedom, is nothing new. The Heritage Foundation regularly produces a comprehensive report entitled the “Index of Economic Freedom.” This year's 2001 report ranks 155 countries on the basis of 10 criteria, including “government intervention, foreign investment and black market.” While corruption is not identified individually in this report, you can bet there is a strong negative correlation between overall economic freedom and corruption. The more economic freedom you have, the less corruption you will have. It should be no surprise that the countries with the lowest levels of economic freedom are the very same countries that suffer from economic stagnation year after year. We owe it to the good people trapped in corrupt political systems to do what we can to help root out and get rid of this corruption. Under this bill, if the President certifies that a country's business climate is not conducive for U.S. businesses, that country will, in effect, be put on probation. The country would continue to receive U.S. foreign aid through that end of the fiscal year, but aid would be cut off on the first day of the next fiscal year unless the President certifies the country is making significant progress in implementing the specified economic indicators and is committed to recognizing the involvement of U.S. business. My bill also includes the customary waiver authority where the national interests of the United States are at stake. For countries certified as hostile to or not conducive for U.S. business, aid can continue if the President determines it is in the national security interest of the United States. However, the determination expires after six months unless the President determines its continuation is important to our national security interest. I also included a provision which would allow aid to continue to meet urgent humanitarian needs, including food, medicine, disaster and refugee relief, to support democratic political reform and rule of law activities, and to create private sector and non-governmental organizations that are independent of government control, or to develop a free market economic system. Instead of jumping on the bandwagon to pump millions of additional American tax dollars into countries which are hostile to U.S. businesses and investors, we should be working to root out the kinds of bribery and corruption that have an overall chilling effect on much needed foreign investment. Left unchecked, such corruption will continue to undermine fledgling democracies worldwide and further impede moves toward a genuine free market economy. I believe the legislation I am introducing today is a critical step this direction, and I urge my colleagues to support its passage. I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the bill was ordered to be printed in the Record, as follows: S. 988 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “International Anti-Corruption Act of 2001”. SEC. 2. LIMITATIONS ON FOREIGN ASSISTANCE. (a) REPORT AND CERTIFICATION.-- (1) IN GENERAL.--Not later than March 1 of each year, the President shall submit to the appropriate committees a certification described in paragraph (2) and a report for each country that received foreign assistance under part I of the Foreign Assistance Act of 1961 during the fiscal year. The report shall describe the extent to which each such country is making progress with respect to the following economic indicators: (A) Implementation of comprehensive economic reform, based on market principles, private ownership, equitable treatment of foreign private investment, adoption of a legal and policy framework necessary for such reform, protection of intellectual property rights, and respect for contracts. (B) Elimination of corrupt trade practices by private persons and government officials. (C) Moving toward integration into the world economy. (2) CERTIFICATION.--The certification described in this paragraph means a certification as to whether, based on the economic indicators described in subparagraphs (A) through (C) of paragraph (1), each country is-- (A) conducive to United States business; (B) not conducive to United States business; or (C) hostile to United States business. (b) LIMITATIONS ON ASSISTANCE.-- (1) COUNTRIES HOSTILE TO UNITED STATES BUSINESS.-- (A) GENERAL LIMITATION.--Beginning on the date the certification described in subsection (a) is submitted-- (i) none of the funds made available for assistance under part I of the Foreign Assistance Act of 1961 (including unobligated balances of prior appropriations) may be made available for the government of a country that is certified as hostile to United States business pursuant to such subsection (a); and (ii) the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote against any loan or other utilization of the funds of such institution to or by any country with respect to which a certification described in clause (i) has been made. (B) DURATION OF LIMITATIONS.--Except as provided in subsection (c), the limitations described in clauses (i) and (ii) of subparagraph (A) shall apply with respect to a country that is certified as hostile to United States business pursuant to subsection (a) until the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a)(1) and is no longer hostile to United States business. (2) COUNTRIES NOT CONDUCIVE TO UNITED STATES BUSINESS.-- (A) PROBATIONARY PERIOD.--A country that is certified as not conducive to United States business pursuant to subsection (a), shall be considered to be on probation beginning on the date of such certification. (B) REQUIRED IMPROVEMENT.--Unless the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a) and is committed to being conducive to United States business, beginning on the first day of the fiscal year following the fiscal year in which a country is certified as not conducive to United States business pursuant to subsection (a)(2)-- (i) none of the funds made available for assistance under part I of the Foreign Assistance Act of 1961 (including unobligated balances of prior appropriations) may be made available for the government of such country; and (ii) the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote against any loan or other utilization of the funds of such institution to or by any country with respect to which a certification described in subparagraph (A) has been made. (C) DURATION OF LIMITATIONS.--Except as provided in subsection (c), the limitations described in clauses (i) and (ii) of subparagraph (B) shall apply with respect to a country that is certified as not conducive to United States business pursuant to subsection (a) until the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a)(1) and is conducive to United States business. (c) EXCEPTIONS.-- (1) NATIONAL SECURITY INTEREST.--Subsection (b) shall not apply with respect to a country described in subsection (b) (1) or (2) if the President determines with respect to such country that making such funds available is important to the national security interest of the United States. Any such determination shall cease to be effective 6 months after being made unless the President determines that its continuation is important to the national security interest of the United States. (2) OTHER EXCEPTIONS.--Subsection (b) shall not apply with respect to-- (A) assistance to meet urgent humanitarian needs (including providing food, medicine, disaster, and refugee relief); (B) democratic political reform and rule of law activities; (C) the creation of private sector and nongovernmental organizations that are independent of government control; and (D) the development of a free market economic system. SEC. 3. TOLL-FREE NUMBER. The Secretary of Commerce shall make available a toll-free telephone number for reporting by members of the public and United States businesses on the progress that countries receiving foreign assistance are making in implementing the economic indicators described in section 2(a)(1). The information obtained from the toll-free telephone reporting shall be included in the report required by section 2(a). SEC. 4. DEFINITIONS. In this Act: (1) APPROPRIATE COMMITTEES.--The term “appropriate committees” means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) MULTILATERAL DEVELOPMENT BANK.--The term “multilateral development bank” means the International Bank for Reconstruction and Development, the International Development Association, and the European Bank for Reconstruction and Development.

  • Human Rights Problems in Kazakhstan

    Mr. Speaker, I rise today to call attention to the lamentable human rights situation in Kazakhstan. On April 4, in a meeting with Kanat Saudabaev, Kazakhstan's new Ambassador to Washington, I welcomed his desire for cooperation and his willingness to improve his country's image, but I emphasized that Kazakhstan's reputation has indeed been badly tarnished and that concrete actions, not implausible pledges of democratization, were necessary. Considering the recent political trends in that important Central Asian country, I would like to share with my colleagues a number of the concerns I raised with Ambassador Saudabaev. As a Washington Post editorial pointed out on May 1, President Nursultan Nazarbaev has recently been intensifying his longstanding campaign of repression against the political opposition, independent media, and civil society. Especially alarming is the escalation in the level of brutality. In the last few months, several opposition activists have been assaulted. Platon Pak of the "Azamat'' Party was stabbed on February 7. Fortunate to survive, he said his attackers told him to "deliver their message to the head of his political party.'' On March 1, Ms. Gulzhan Yergalieva, the Deputy Head of the opposition "People's Congress of Kazakhstan'' and a well-known journalist, was--along with her husband and son--attacked and robbed in her home. Prior to these incidents, both opposition parties strongly criticized the Kazakh Government's running of an electoral reform working group. In late February, Alexandr Shushannikov, the chairman of the East Kazakhstan branch of the "Lad'' Slavic Movement, was beaten by unknown assailants in the town of Ust-Kamenogorsk. Less violent harassment of the opposition has continued unabated. Amirzhan Kosanov, the Acting Head of the Executive Committee of the opposition Republican People's Party of Kazakhstan (RNPK), found threatening graffiti in the stairwells of his apartment building, on the doors of his apartment, and on neighboring buildings on March 17. Later that night, hooligans threw rocks at the windows of the apartment of Almira Kusainova, the RNPK's Press Secretary. In one case, a large rock shattered one of the windows. To add insult to injury, Mr. Kosanov has been barred from leaving Kazakhstan. He is the former Press Secretary of Akezhan Kazhegeldin, Kazakhstan's former Prime Minister and now the exiled head of the RNPK. Claiming Mr. Kosanov had access to "state secrets,'' the authorities have confiscated his passport--even though he had left Kazakhstan many times before. To round out the campaign against Mr. Kosanov, a series of articles and reports in pro-government media have accused him of adultery and pedophilia. In addition, Pyotr Afanasenko and Satzhan lbrayev, two RNPK members who were Mr. Kazhegeldin's bodyguards, were sentenced in April 2000 to three years in prison for a weapons offense; an appeals court upheld the convictions. The OSCE Center in Almaty has stated that it considers the charges to be political in nature. Moreover, these two individuals, as former members of the security forces, should be in special prisons instead of being incarcerated among the general prison population, where they are in danger. Along with the targeting of opposition activists, the ongoing crackdown on freedom of the press has continued. Most media outlets have long been under the direct or indirect control of Mr. Bapi, who was sentenced to one year in jail and ordered to pay $280 in court expenses, was immediately pardoned under a presidential amnesty. Still, his conviction remains on the books, which will prevent him from traveling abroad, among other restrictions. Mr. Bapi is appealing the verdict. As for Mr. Gabdullin, the prosecutor's office issued a press release on April 6 stating that it had dropped the case against him due to "the absence of [a] crime,'' although his newspaper has not yet received formal confirmation. While both editors are currently at liberty, as the Committee to Protect Journalists (CPJ) points out, their newspapers cannot publish in Kazakhstan because local printers will not risk angering local officials. In an April 17 letter to President Nazarbaev, CPJ concluded that "we remain deeply concerned about your government's frequent use of politically-motivated criminal charges to harass opposition journalists'' and called on him "to create an atmosphere in which all journalists may work without fear of reprisal.'' Apart from intimidating individual journalists and publications, Kazakhstan's authorities have taken legal action to restrict freedom of speech. The country's Senate on April 17 approved a draft media law that limits the retransmission of foreign programs and will also subject Internet web pages to the same controls as print media. Moreover, media outlets can be held responsible for news not obtained from official sources. In other words, if the New York Times or CNN runs stories Kazakhstan's leadership finds distasteful, Kazakh media outlets risk legal sanction for re-running those reports. Considering the ongoing investigations by the U.S. Department of Justice into high-level corruption in Kazakhstan, it is easy to draw inferences about what kinds of stories the authorities would eagerly spike. Indeed, although Mr. Gabdullin and Bapi were formally prosecuted for articles in their newspapers, both had also previously signed an open letter, published in the January 15 edition of Roll Call, expressing their support for the investigation. Mr. Speaker, Kazakh authorities have also stepped up harassment of NGOs. The OSCE Center in Almaty, the Washington-based National Democratic Institute (NDI), and Internews-Kazakhstan had jointly organized public forums in 9 regions of Kazakhstan to educate local citizens, media, and interested parties about the proposed amendments to the media law. After the law's passage, local organizers of these Forums on Mass Media were called in to the Procuracy for "conversations.'' Other government agencies which took part in this intimidation were the Tax Police and the Financial Police. According to OSCE sources, the authorities offered local NGOs "friendly'' advice about not working with the OSCE and NDI. In Atyrau, one NGO contacted by the Financial Police did not even participate in these forums but that did not stop the police from sending a written request. Finally, Mr. Speaker, to round out a very depressing picture, Kazakhstan's parliament is reportedly working towards the adoption of amendments to the law on religion that will severely limit freedom of conscience. The draft provisions would require at least 50 members for a religious association to be registered (the law currently requires 10). In order to engage in "missionary activity,'' which would involve merely sharing religious beliefs with others, individuals--citizens or not--would have to be registered with the government, and religious activity would be permitted only at the site of a religious organization, which could bar meetings in rented facilities or even private homes. Violation of these provisions could lead to a sentence of one-year in prison or even two years of ``corrective labor,'' and to the closing of religious organizations. These draft amendments to the religion law were introduced in Kazakhstan's parliament in early April. According to the U.S. Embassy in Almaty, no date has been scheduled for discussion of the legislation though it is expected the measure will be considered before the current session ends in June. The U.S. Government, the OSCE, and other international agencies have expressed concern about the possible restriction of religious liberty, and there is reason to fear the worst. In recent months, the attitude underlying these draft amendments has already had a real impact on believers. American citizens who did humanitarian work in several cities in Kazakhstan have been harassed, intimidated and eventually deported. The formal cause of their expulsion was violation of administrative regulations but one official told an American the real reason was because they were Christians. In one particularly brutal, ugly case, Americans who had been told to leave the country were preparing to do so when the authorities brought them back from the airport so they could be videotaped for TV broadcasts portraying them as engaging in various sorts of subversive activities. An American family preparing to leave Ust-Kamenorgorsk was harassed by a Kazakh security official who threatened to spend the entire night in their tiny apartment to make sure they left. It took several hours before he could be persuaded to leave, despite the fact that his presence was frightening a pregnant American woman. Jehovah's Witnesses have also reported stepped-up harassment and intimidation. Over the past few months, central and local media have been attacking Jehovah's Witnesses, who are depicted as religious extremists. In one bizarre case, according to the Witnesses, a television station broadcast video footage of Islamic terrorists, who were described as Jehovah's Witnesses, as well as footage of a police raid on a meeting held in a private home. Kazakhstan's new Administrative Violation Code, which went into effect in February, allows the suspension or prohibition of religious organizations for evading registration or for violating assembly rules. This has already been used to suspend the activity of a group of Jehovah's Witnesses in Kyzyl-Orda. A similar case is pending in Taraz. Just today, May 16, Keston News Service reports that authorities have declared a Baptist church in the town of Kulsary (Atyrau region) illegal and ordered it to stop all meetings, claiming that it may not function until it is registered. In fact, Kazakh law does not ban activity by religious communities without registration, but the regional prosecutor upheld the ban. Church leaders intend to appeal the decision, but local lawyers are afraid to take such a case. Keston further reports that on April 10, the authorities in Kyzylorda fined a Baptist church 7,750 tenge (about $53) and suspended its activities until it obtains registration. In February, police had raided a Kazakh-language service at that church, demanding that participants show their identity documents and write statements about the gathering. They confiscated religious writings in Kazakh and Russian, and took five people, including the leader of the service, Erlan Sarsenbaev, to the police station. According to the Baptists, the police told them "During the Soviet times, believers like you were shot. Now you are feeling at peace, but we will show you.'' When Sarsenbaev refused to write a statement, police officers "began to hit him on his neck, abdomen and head with a plastic bottle filled with water.'' Finally, they forged his signature, and wrote the statement on his behalf. As President Bush recently said, "the newly independent republics of Central Asia impose troubling limits on religious expression and missionary work.'' This trend in Kazakhstan is especially disturbing because despite the consistent consolidation of presidential power and general crackdown on opposition and dissent, relative religious freedom had been one of the bright spots. It seems this bright spot is about to disappear. Mr. Speaker, a few weeks ago, Erlan Idrisov, Minister of Foreign Affairs of Kazakhstan, visited Washington. In his public speaking engagements, he focused on Kazakhstan's emphasis on stability and its desire for good relations with its neighbors. These are understandable priorities which the United States has every reason to support. But Minister Idrisov simply discounted charges of human rights problems, arguing on May 2 at the Carnegie Endowment that the above-mentioned Washington Post editorial is "not the final word'' on the human rights situation in his country. Minister Idrisov may disagree with any Washington Post editorial, if he likes. But when you consider many other sources, such as the State Department's report on human rights practices, the Committee to Protect Journalists (which last year named President Nazarbaev one of the world's ten worst enemies of the media), and the OSCE Center in Almaty, the overall impression is clear and indisputable. Despite official Kazakh claims about progress, the human rights situation is poor and threatens to get worse. If President Nazarbaev wants to change that impression and convince people that he is sincere about wanting to democratize his country, he must take concrete steps to do so. The time is long past when we could take his assurances at face value.  

  • Serbia-Otpor Organization

    Mr. Speaker, a few weeks ago I had the opportunity to meet five representatives from the independent, non-governmental organization Otpor. “Otpor,” in Serbian, means ``resistance,'' and the organization was founded in the mid-1990s by students from Belgrade University and elsewhere in Serbia, who had enough of Slobodan Milosevic's choke-hold on the neck of Serbian society. Their efforts have forged a strong bond between idealism and realism. Otpor members engaged in passive resistance, never advocating violence nor returning the blows they received from the police and other thugs under Milosevic's control. Instead, they had a stronger determination and persistence. Fear would not keep them from putting up their posters, from wearing their black-and-white emblem of a clenched fist. Moreover, they kept their eye on the goal of a democratic and tolerant Serbia at peace with its neighbors and with itself. The organization appointed no specific leader, in a strategy to thwart any attempt to compromise the individual--they had learned the lesson from observing the many opposition politicians in Serbia who had been compromised. During the past two years, more than 1,500 Otpor activists, of about 50,000 based in over 10 Serbian cities, were arrested and interrogated by security forces under Milosevic's control. One of the five who visited my office had himself been arrested on 17 occasions.   Prior to the September 2000 elections, Otpor worked closely with the democratic political opposition, independent trade unions, NGOs and other youth groups to mobilize voters. Otpor's activists played a crucial role in the street demonstrations that began immediately following the elections and led to Milosevic's downfall. The impressive delegation of five Otpor activists visiting Washington included Slobodan Homen, Nenad Konstantinovic, Jovan Ratkovic, Jelena Urosevic and Robertino Knjur, all in their mid- to late-20s and very good English speakers. It is amazing to realize that they all grew up in the cruel, hateful and impoverished world Slobodan Milosevic had created for them in the 1990s. In the meeting, they provided one piece of very good news. One Otpor activist, Boris Karajcic, had testified in 1998 before the Helsinki Commission which I co-chair and was beaten up on the streets of Belgrade a few weeks later. Today, Boris is a member of the Serbian parliament. He is an active part of Serbia's future. Otpor itself will also be part of Serbia's future. While Milosevic is out of power, there is much to be done to recover from the nightmare he created.   First, they are investigating and compiling complaints about the police officers who brutalized them and other citizens of Serbia who opposed the regime, and they will seek to ensure that officers who seemed to take a particular delight in beating people for exercising their rights are held accountable. They want to see Milosevic himself arrested, both for his crimes in Serbia and the war crimes for which he faces an international indictment. The Otpor group also advocates the founding of a school of public administration, which does not exist in Serbia and is desperately needed as the government bureaucracies are swollen with Milosevic cronies who have no idea how to implement public policy. Along similar lines, they hope to begin an anti-corruption campaign. Finally, they pointed out that, with the fall of Milosevic, the united opposition now in power has no credible, democratic political opposition to it. Until Serbian politics develop further, they intend to serve some of that role, being a watchdog of the new leaders.   In conclusion, Mr. Speaker, the Otpor group with which I met has a track record of accomplishment, ideas for the future, and a good sense of how to bring those ideas into reality. While they have had the heart and the courage, they also have had the assistance of the United States through the National Endowment of Democracy and other organizations which promote democratic development abroad. I hope my colleagues will continue to support this kind of assistance, for Serbia and other countries where it is needed, which serves not only the interests of the United States but the cause of humanity.

  • Voicing Concern About Serious Violations of Human Rights and Fundamental Freedoms in Most States of Central Asia

    Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 397) voicing concern about serious violations of human rights and fundamental freedoms in most states of Central Asia, including substantial noncompliance with their Organization for Security and Cooperation in Europe (OSCE) commitments on democratization and the holding of free and fair elections, as amended. The Clerk read as follows: H. Con. Res. 397 Whereas the states of Central Asia--Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan--have been participating states of the Organization for Security and Cooperation in Europe (OSCE) since 1992 and have freely accepted all OSCE commitments, including those concerning human rights, democracy, and the rule of law; Whereas the Central Asian states, as OSCE participating states, have affirmed that every individual has the right to freedom of thought, conscience, religion or belief, expression, association, peaceful assembly and movement, freedom from arbitrary arrest, detention, torture, or other cruel, inhuman, or degrading treatment or punishment, and if charged with an offense the right to a fair and public trial; Whereas the Central Asian states, as OSCE participating states, have committed themselves to build, consolidate, and strengthen democracy as the only system of government, and are obligated to hold free elections at reasonable intervals, to respect the right of citizens to seek political or public office without discrimination, to respect the right of individuals and groups to establish in full freedom their own political parties, and to allow parties and individuals wishing to participate in the electoral process access to the media on a nondiscriminatory basis; Whereas the general trend of political development in Central Asia has been the emergence of presidents far more powerful than other branches of government, all of whom have refused to allow genuine electoral challenges, postponed or canceled elections, excluded serious rivals from participating in elections, or otherwise contrived to control the outcome of elections; Whereas several leaders and governments in Central Asia have crushed nascent political parties, or refused to register opposition parties, and have imprisoned and used violence against, or exiled, opposition figures; Whereas in recent weeks fighting has erupted between government troops of Kyrgyzstan and Uzbekistan and members of the Islamic Movement of Uzbekistan; Whereas Central Asian governments have the right to defend themselves from internal and external threats posed by insurgents, radical religious groups, and other anti-democratic elements which employ violence as a means of political struggle; Whereas the actions of the Central Asian governments have tended to exacerbate these internal and external threats by domestic repression, which has left few outlets for individuals and groups to vent grievances or otherwise participate legally in the political process; Whereas in Kazakhstan, President Nursultan Nazarbaev dissolved parliament in 1993 and again in 1995, when he also annulled scheduled Presidential elections, and extended his tenure in office until 2000 by a deeply flawed referendum; Whereas on January 10, 1999, President Nazarbaev was reelected in snap Presidential elections from which a leading challenger was excluded for having addressed an unregistered organization, `For Free Elections,' and the OSCE assessed the election as falling far short of international standards; Whereas Kazakhstan's October 1999 parliamentary election, which featured widespread interference in the process by the authorities, fell short of OSCE standards, according to the OSCE's Office of Democratic Institutions and Human Rights (ODIHR); Whereas Kazakhstan's parliament on June 22, 2000, approved draft legislation designed to give President Nazarbaev various powers and privileges for the rest of his life; Whereas independent media in Kazakhstan, which used to be fairly free, have been pressured, co-opted, or crushed, leaving few outlets for the expression of independent or opposition views, thus limiting the press's ability to criticize or comment on the President's campaign to remain in office indefinitely or on high-level corruption; Whereas the Government of Kazakhstan has initiated, under OSCE auspices, roundtable discussions with representatives of some opposition parties and public organizations designed to remedy the defects of electoral legislation and now should increase the input in those discussions from opposition parties and public organizations that favor a more comprehensive national dialogue; Whereas opposition parties can function in Kyrgyzstan and parliament has in the past demonstrated some independence from President Askar Akaev and his government; Whereas 3 opposition parties in Kyrgyzstan were excluded from fielding party lists and serious opposition candidates were not allowed to contest the second round of the February-March 2000 parliamentary election, or were prevented from winning their races by official interference, as cited by the OSCE's Office of Democratic Institutions and Human Rights (ODIHR); Whereas a series of flagrantly politicized criminal cases after the election against opposition leaders and the recent exclusion on questionable linguistic grounds of other would-be candidates have raised grave concerns about the fairness of the election process and the prospects for holding a fair Presidential election on October 29, 2000; Whereas independent and opposition-oriented media in Kyrgyzstan have faced serious constraints, including criminal lawsuits by government officials for alleged defamation; Whereas in Tajikistan, a civil war in the early 1900s caused an estimated 50,000 people to perish, and a military stalemate forced President Imomaly Rakhmonov in 1997 to come to terms with Islamic and democratic opposition groups and agree to a coalition government; Whereas free and fair elections and other democratic steps in Tajikistan offer the best hope of reconciling government and opposition forces, overcoming the legacy of the civil war, and establishing the basis for civil society; Whereas President Rakhmonov was reelected in November 1999 with 96 percent of the vote in an election the OSCE did not observe because of the absence of conditions that would permit a fair contest; Whereas the first multiparty election in the history of Tajikistan was held in February-March 2000, with the participation of former warring parties, but the election fell short of OSCE commitments and 11 people, including a prominent candidate, were killed; Whereas in Turkmenistan under the rule of President Saparmurat Niyazov, no internationally recognized human rights are observed, including freedom of speech, assembly, association, religion, and movement, and attempts to exercise these rights are brutally suppressed; Whereas Turkmenistan has committed political dissidents to psychiatric institutions; Whereas in Turkmenistan President Niyazov is the object of a cult of personality, all political opposition is banned, all media are tightly censored, and only one political party, the Democratic Party, headed by President Niyazov, has been registered; Whereas the OSCE's Office of Democratic Institutions and Human Rights (ODIHR), citing the absence of conditions for a free and fair election, refused to send any representatives to the December 1999 parliamentary elections; Whereas President Niyazov subsequently orchestrated a vote of the People's Council in December 1999 that essentially makes him President for life; Whereas in Uzbekistan under President Islam Karimov, no opposition parties are registered, and only pro-government parties are represented in parliament; Whereas in Uzbekistan all opposition political parties and leaders have been forced underground or into exile, all media are censored, and attempts to disseminate opposition newspapers can lead to jail terms; Whereas Uzbekistan's authorities have laid the primary blame for explosions that took place in Tashkent in February 1999 on an opposition leader and have tried and convicted some of his relatives and others deemed his supporters in court proceedings that did not correspond to OSCE standards and in other trials closed to the public and the international community; Whereas in Uzbekistan police and security forces routinely plant narcotics and other evidence on political opposition figures as well as religious activists, according to Uzbek and international human rights organizations; and Whereas the OSCE's Office of Democratic Institutions and Human Rights (ODIHR), citing the absence of conditions for a free and fair election, sent no observers except a small group of experts to the December 1999 parliamentary election and refused any involvement in the January 2000 Presidential election: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That the Congress-- (1) expresses deep concern about the tendency of Central Asian leaders to seek to remain in power indefinitely and their willingness to manipulate constitutions, elections, and legislative and judicial systems, to do so; (2) urges the President, the Secretary of State, the Secretary of Defense, and other United States officials to raise with Central Asian leaders, at every opportunity, the concern about serious violations of human rights, including noncompliance with Organization for Security and Cooperation in Europe (OSCE) commitments on democracy and rule of law; (3) urges Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan to come into compliance with OSCE commitments on human rights, democracy, and the rule of law, specifically the holding of free and fair elections that do not exclude genuine challengers, to permit independent and opposition parties and candidates to participate on an equal basis with representation in election commissions at all levels, and to allow domestic nongovernmental and political party observers, as well as international observers; (4) calls on Central Asian leaders to establish conditions for independent and opposition media to function without constraint, limitation, or fear of harassment, to repeal criminal laws which impose prison sentences for alleged defamation of the state or public officials, and to provide access to state media on an equal basis during election campaigns to independent and opposition parties and candidates; (5) reminds the leaders of Central Asian states that elections cannot be free and fair unless all citizens can take part in the political process on an equal basis, without intimidation or fear of reprisal, and with confidence that their human rights and fundamental freedoms will be fully respected; (6) calls on Central Asian governments that have begun roundtable discussions with opposition and independent forces to engage in a serious and comprehensive national dialogue, on an equal footing, on institutionalizing measures to hold free and fair elections, and urges those governments which have not launched such roundtables to do so; (7) calls on the leaders of Turkmenistan and Uzbekistan to condemn and take effective steps to cease the systematic use of torture and other inhuman treatment by authorities against political opponents and others, to permit the registration of independent and opposition parties and candidates, and to register independent human rights monitoring organizations; (8) urges the governments of Central Asia which are engaged in military campaigns against violent insurgents to observe international law regulating such actions, to keep civilians and other noncombatants from harm, and not to use such campaigns to justify further crackdowns on political opposition or violations of human rights commitments under OSCE; (9) encourages the Administration to raise with the governments of other OSCE participating states the possible implications for OSCE participation of any participating state in the region that engages in clear, gross, and uncorrected violations of its OSCE commitments on human rights, democracy, and the rule of law; and (10) urges the Voice of America and Radio Liberty to expand broadcasting to Central Asia, as needed, with a focus on assuring that the peoples of the region have access to unbiased news and programs that support respect for human rights and the establishment of democracy and the rule of law. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Nebraska (Mr. Bereuter) and the gentlewoman from California (Ms. Lee) each will control 20 minutes. The Chair recognizes the gentleman from Nebraska (Mr. Bereuter). Mr. BEREUTER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on this measure. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Nebraska? There was no objection. Mr. BEREUTER. Mr. Speaker, I yield such time as he may consume to the gentleman from New Jersey (Mr. Smith), the author of this resolution with whom I have worked. I appreciate his great effort. Mr. SMITH of New Jersey. Mr. Speaker, I thank the gentleman from Nebraska (Mr. Bereuter) for yielding me this time, and I want to thank him for his work in shepherding this resolution through his Subcommittee on Asia and the Pacific, and for all of those Members who have co-signed and cosponsored this resolution. Mr. Speaker, this resolution expresses the sense of Congress that the state of democratization and human rights in the countries of Central Asia, Kazahkstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan, is a source of very, very serious concern. In 1992, these States freely pledged to observe the provisions of the 1975 Helsinki Final Act and subsequent OSCE documents. The provisions contained in the 1990 Copenhagen Document commit the participating states to foster democratization through, among other things, the holding of free and fair elections, to promote freedom of the media, and to observe the human rights of their citizens. Mr. Speaker, 8 years have passed since then, but in much of Central Asia the commitments they promised to observe remain a dead letter. In fact, in some countries the situation has deteriorated substantially. For instance, opposition political activity was permitted in Uzbekistan in the late 1980s. An opposition leader even ran for president in the December 1991 election. In mid-1992, however, President Karimov decided to ban any manifestation of dissidence. Since then, no opposition movements have been allowed to function openly and the state controls the society as tightly as during the Soviet era. An even more disappointing example is Kyrgyzstan. Once one of the most democratic Central Asian states, Kyrgyzstan has gone the way of neighboring dictatorships. President Akaev has followed his regional counterparts in manipulating the legal, judicial, and law enforcement apparatus in a way to stay in office, despite domestic protest and international censure. On October 29, he will run for a third term; and he will win it, in a pseudo-election from which all serious candidates have been excluded. Throughout the region, authoritarian leaders have contrived to remain in office by whatever means necessary and give every sign of intending to remain in office as long as they live. Indeed, Turkmenistan's President Niyazov has made himself President for Life last December, and Kazakhstan's President Nazarbaev, who has extended his tenure in office through referenda, canceling elections, and staging deeply flawed elections, this summer arranged to have lifelong privileges and perks go his way. It may sound bizarre, but it may not be out of the realm of possibility that some of these leaders who already head what are, for all intents and purposes, royal families, are planning to establish what can only be described as family dynasties. Certainly the worst offender is Turkmenistan. Under the tyrannical misrule of Niyazov, President Niyazov, his country is the only one-party state in the entire OSCE region. Niyazov's cult of personality has reached such proportions that state media refer to him as a sort of divine being, while anyone who whispers a word of opposition or protest is dragged off to jail and tortured. Corruption is also rampant in Central Asia. Rulers enrich themselves and their families and a favored few, while the rest of the population struggles to eke out a miserable existence and drifts towards desperation. We are, indeed, already witnessing the consequences. For the second consecutive year, armed insurgents of the Islamic Movement of Uzbekistan invaded Uzbekistan and Kyrgyzstan. While they have been less successful than last year in seizing territory, they will not go away. Impoverishment of the populace fills their ranks with people, threatening to create a chronic problem. While the most radical groups in Central Asia might have sought to create theocracies regardless of the domestic policies pursued by Central Asian leaders, the latter's marriage of corruption and repression has created an explosive brew. Mr. Speaker, finally let me say the leaders of Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan, and Turkmenistan seem to believe that U.S. strategic interest in the region, and the fear of Islamic fundamentalism, will keep the West and Washington from pressing them too hard on human rights while they consolidate power. Let us show them that they are wrong. America's long-term and short-term interests lie with democracy, the rule of law, and respect for human rights. So I hope that my friends and colleagues on both sides of the aisle will join in backing this important resolution. Mr. BEREUTER. Mr. Speaker, I reserve the balance of my time. Ms. LEE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of this resolution. The post-Soviet independence of the Central Asian states has not panned out in the way that benefited the population of these countries. Instead, it created wealthy and often corrupt elites and impoverished the population. Although all of these newly-independent states have joined the OSCE and appear, at least on paper, to be committed to OSCE principles, in reality the leaders of these countries have consistently fallen back on their OSCE commitments. The political development reinforced the Office of the President at the expense other branches of government. Parliaments are weak and the courts are not free. Presidents of some countries, such as Turkmenistan, have pushed laws through their rubber-stamp legislatures that extend their presidential powers for life. Other governments, like the government of Uzbekistan, have been using the justification of fighting terrorism and insurgency as a means to imprison and/or exile the opposition, censor the press, and control civic and religious activities. On the other hand, some countries such as Kyrgyzstan and Kazakhstan have demonstrated varying degrees of progress. Until recently, opposition parties could function freely in Kyrgyzstan, while the OSCE agreed to Kazakhstan's 1999 parliamentary election, which they found falling short of international standards but, nevertheless, an improvement over the past. The stability of Central Asia is key to the stability of this region which borders on Afghanistan, Iran, China, and Pakistan. The governments of Central Asia cite the destabilizing influence of drugs and arms-trafficking from outside of their borders and the need to fight Islamic fundamentalism as justifications for their authoritarian regimes. 

  • Russian Arms Sales to Iran

    Mr. Speaker, there is no greater sponsor of terrorism in the world than the Islamic Republic of Iran. Iran has taken Americans for hostages, given weapons to suicide bombers, and taken the lead in the movement to wipe Israel off the face of the earth. There is no government more radical, more extremist, or more dangerous to our national interests. So why did Vice President Al Gore cut a deal with the Russians to allow weapons sales to Iran? Al Gore himself when he was Senator introduced the Iran-Iraq Arms Nonproliferation Act in 1992. And now he winks and nods to Viktor Chernomyrdin, letting him know it is okay to violate American national interests. Mr. Speaker, the recent bombing of the U.S.S. Cole demonstrated again how serious a threat terrorism is to America and her allies. It is a violation of law to tell Russians it is okay to sell arms to Iran. Worse, it places American lives at risk. And now they are trying to hide it from Congress. We expect better judgment from a man who wants to be our President.

  • Calling the President to Issue a Proclamation Recognizing the 25th Anniversary of the Helsinki Final Act

    Mr. Speaker, I thank the gentleman from New York (Mr. Gilman) for yielding me time. Mr. Speaker, at the outset, let me give a special thanks to Bob Hand, who is a specialist on the Balkans, especially the former Yugoslavia and Albania, at the Helsinki Commission. As my colleagues know just a few moments ago, we passed H.R. 1064 by voice vote, legislation that I had introduced early last year. We went through many drafts and redrafts, and I would like to just thank Bob for the excellent work he and Dorothy Taft, the Commission's Chief of Staff, did on that legislation. H.R. 1064 would not have been brought to the floor in a form we know the Senate will pass quickly and then forward for signature, without their tremendous work on this piece of legislation, and their organization of a whole series of hearings that the Helsinki Commission has held on the Balkans. We have had former Bosnian Prime Minister Silajdzic, for example, testify at several hearings. The Congress itself has had so much input into this diplomatic process which we know as the ``Helsinki process,'' and they have done yeoman's work on that. Mr. Speaker, I rise and ask my colleagues to support passage of H.J. Res. 100, recognizing the 25th anniversary of the signing of the Helsinki Final Act. I am pleased that we have more than 40 cosponsors on this resolution, and that includes all of our colleagues on the Helsinki Commission. The gentleman from Maryland (Mr. Hoyer) is the ranking Democratic Member, and my good friend and colleague. Mr. Speaker, the Helsinki Final Act was a watershed event in European history, which set in motion what has become known as the Helsinki process. With its language on human rights, this agreement granted human rights the status of a fundamental principle regulating relations between the signatory countries. Yes, there were other provisions that dealt with economic issues as well as security concerns, but this country rightfully chose to focus attention on the human rights issues especially during the Cold War years and the dark days of the Soviet Union. The Helsinki process, I would respectfully submit to my colleagues, was very helpful, in fact instrumental, in relegating the Communist Soviet empire to the dust bin of history. The standards of Helsinki constitute a valuable lever in pressing human rights issues. The West, and especially the United States, used Helsinki to help people in Czechoslovakia, in East Germany and in all the countries that made up the OSCE, which today comprises 54 nations with the breakup of the Soviet Union and other States along with the addition of some new States. Let me just read to my colleagues a statement that was made by President Gerald Ford, who actually signed the Helsinki Accords in 1975. He stated, and I quote, “the Helsinki Final Act was the final nail in the coffin of Marxism and Communism in many, many countries and helped bring about the change to a more democratic political system and a change to a more market oriented economic system.” The current Secretary General of the OSCE, Jan Kubis, a Slovak, has stated, and I quote him, “As we remember together the signature of the Helsinki Final Act, we commemorate the beginning of our liberation, not by armies, not by methods of force or intervention, but as a result of the impact and inspiration of the norms and values of an open civilized society, enshrined in the Helsinki Final Act and of the encouragement it provided to strive for democratic change and of openings it created to that end. Mr. Speaker, the Helsinki Final Act is a living document. We regularly hold follow-up conferences and meetings emphasizing various aspects of the accords, pressing for compliance by all signatory states. I urge Members to support this resolution, and I am very proud, as I stated earlier, to be Chairman of the Helsinki Commission. Mr. Speaker, I include for the Record the Statement made by the U.S. Ambassador to the OSCE, David T. Johnson, at the Commemorative meeting on the 25th Anniversary of the Helsinki Final Act Statement at the 25th Anniversary of the Helsinki Final Act (By Ambassador David T. Johnson to the Commemorative Meeting of the Permanent Council of the OSCE) Madame Chairperson, as we look with fresh eyes today at the document our predecessors signed on August 1, 1975, we are struck by the breadth of their vision. They agreed to work together on an amazing range of issues, some of which we are only now beginning to address. The States participating in the meeting affirmed the objective of “ensuring conditions in which their people can live in true and lasting peace free from any threat to or attempt against their security;” they recognized the “indivisibility of security in Europe'' and a ``common interest in the development of cooperation throughout Europe.” One of the primary strengths of the Helsinki process is its comprehensive nature and membership. Human rights, military security, and trade and economic issues can be pursued in the one political organization that unites all the countries of Europe including the former Soviet republics, the United States and Canada, to face today's challenges. Over the past twenty-five years we have added pieces to fit the new realities, just last November in Istanbul we agreed on a new Charter for European Security and an adapted Conventional Forces in Europe treaty. But the most significant provision of the Helsinki Agreement may have been the so-called Basket III on Human Rights. As Henry Kissinger pointed out in a speech three weeks after the Final Act was signed, “At Helsinki, for the first time in the postwar period, human rights and fundamental freedoms became recognized subjects of East-West discourse and negotiations. The conference put forward . . . standards of humane conduct, which have been, and still are, a beacon of hope to millions.” In resolutions introduced to our Congress this summer, members noted that the standards of Helsinki provided encouragement and sustenance to courageous individuals who dared to challenge repressive regimes. Many paid a high price with the loss of their freedom or even their lives. Today we have heard from you, the representatives of the many who have struggled in the cause of human rights throughout the years since Helsinki. We are in awe of you, of the difficult and dangerous circumstances of your lives, and of what you have and are accomplishing. Many of us here cannot comprehend the conditions of life in a divided Europe. And those who lived under repressive regimes could not have imagined how quickly life changed after 1989. Political analysts both East and West were astounded at the rapidity with which the citizens of the former Iron Curtain countries demanded their basic rights as citizens of democratic societies. What we have heard time and again is that the Helsinki Final Act did matter. Leaders and ordinary citizens took heart from its assertions. The implementation review meetings kept a focus fixed on its provisions. Even before the Wall came down, a new generation of leaders like Nemeth in Hungary and Gorbachev in the Soviet Union made decisions to move in new directions, away from bloodshed and repression. In the summer of 1989, the Hungarians and Austrian cooperated with the West Germans to allow Romanians and East Germans to migrate to the West. Looking at what was happening in Europe, the young State Department analyst Francis Fukuyama, wrote an article which captured the world's attention. In ``The End of History,'' he claimed that what was happening was not just the end of the Cold War but the end of the debate over political systems. A consensus had formed that democracy, coupled with a market economy, was the best system for fostering the most freedom possible. And then in the night of November 9, 1989, the Berlin Wall opened unexpectedly. Citizens emerging from repressive regimes knew about democracy and told the world that what they wanted more than anything else was to vote in free and fair elections. Only a year after the fall of the Wall, a reunited Germany held elections at the state and national level. Poland, Hungary, and the Baltic states carried out amazing transformations beginning with elections which brought in democratic systems. When Albania descended into chaos in 1997, groups across the country shared a common desire for fair elections. We have seen Croatia and the Slovak Republic re-direct their courses in the past several years, not by violence but through the ballot box. Just a few weeks ago, citizens of Montenegro voted in two cities with two different results, in both instances there was no violence and the new governments are moving forward with reforms to benefit their citizens. OSCE has time and again stepped up to assist with elections and give citizens an extra measure of reassurance that the rest of the world supports them in the exercise of their democratic rights. We are all aware that in the decades since Helsinki, we have seen conflict, torture, and ethnic violence within the OSCE area. Unfortunately, not all areas in the OSCE region made a peaceful transition to the Euro-Atlantic community of democratic prosperity. Some OSCE countries remain one-party states or suffer under regimes which suppress political opposition. Perhaps the most troubled region is the former Yugoslavia. As Laura Silber has written in the text to the BBC series “The Death of Yugoslavia,” “Yugoslavia did not die a natural death. Rather, it was deliberately and systematically killed off by men who had nothing to gain and everything to lose from a peaceful transition from state socialism and one-party rule to free-market democracy.” We need only look at the devastation of Chechnya and the continuing ethnic strife in parts of the former Yugoslavia to realize there is much still to be done in the OSCE region. We must continue our work together to minimize conflict and bring contending sides together, foster economic reforms through enhanced transparency, promote environmental responsibility, and or fight against organized crime and corruption. Human rights remain very much on our agenda as we seek to eradicate torture, and find new solutions for the integration of immigrants, minorities and vulnerable peoples into our political life. “Without a vision,” wrote the prophet Isaiah so long ago, “the people will perish.” We here today have a vision of collective security for all the citizens of the OSCE region. After twenty-five years, the goals embodied in the Helsinki final act remain a benchmark toward which we must continue to work. The Panelists have reminded us today that the Helsinki Final Act has incalculable symbolic meaning to the citizens of our region; we must continue to take on new challenges as we strive to keep this meaning alive. Mr. Crowley. Mr. Speaker, it is my pleasure to yield 8 minutes to the gentleman from Maryland (Mr. Hoyer), the ranking member of the Helsinki Commission.   Mr. Hoyer: Mr. Speaker, I thank the distinguished gentleman from New York (Mr. Crowley) for yielding me the time. I thank the gentleman from New York (Mr. Gilman), the Chairman of the Committee on International Relations, for bringing this resolution to the floor. I am pleased to join my very good friend, the gentleman from New Jersey (Mr. Smith), with whom I have served on the Helsinki Commission since 1985 and who is now the chairman of our commission and does an extraordinarily good job at raising high the banner of human rights, of freedom, and democracy and so many other vital values to a free people. I am honored to be his colleague on the Helsinki Commission. Mr. Speaker, I rise in strong support of H.J. Res. 100 which commemorates the 25th anniversary of the signing of the Helsinki Final Act which, was signed on August 1, 1975. It is my firm belief that the political process set in motion by the signing of the Final Act was the groundwork for the forces which consumed the former Soviet empire. In 1975, many of the Final Act signatory states viewed the language of the act dealing with human rights and the obligation that each state had toward its own citizens, as well as those of other states, as essentially meaningless window dressing. Their objective, it was felt that of the Soviets, was to secure a framework in which their international political position and the then existing map of Europe would be adjudged a fait accompli. Let me say as an aside that as we honor the 25th anniversary of the Helsinki Final Act, we ought to honor the courage and the vision of President Gerald Ford. I am not particularly objective. President Ford is a friend of mine for whom I have great affection and great respect, but those who will recall the signing of the Final Act in August of 1975 will recall that it was very controversial, and that many particularly in President's Ford's party thought that it was a sellout to the Soviets, thought that it was, in fact, a recognition of the de facto borders that then existed with the 6 Warsaw Pact nations, captive nations, if you will. President Ford, however, had the vision and, as I said, the courage, to sign the Final Act on behalf of the United States along with 34 other heads of state; that act became a living and breathing process, not a treaty, not a part of international law, but whose moral suasion ultimately made a very significant difference.

  • U.S. Statements at the 1999 OSCE Review Conference

    In February 1999, officials from 90 governments, including representatives from many OSCE participating States, visited Washington for the First Global Forum on Fighting Corruption among justice and security officials. Participants concluded that their governments must cooperate more closely if they were to succeed in promoting public integrity and controlling corruption among their officials. OSCE efforts served as an example to others when the international community gathered in the Netherlands in 2001 for the Second Global Forum on Fighting Corruption.

  • Business as Usual in the Russian Federation

    Mr. President, I take this opportunity today in my capacity as Co-Chairman of the Commission on Security and Cooperation in Europe, known as the Helsinki Commission, to draw the attention of my Senate colleagues to the growing problem of official and unofficial corruption abroad and the direct impact on U.S. business. Last week I chaired a Commission hearing that focused on the issues of bribery and corruption in the OSCE region, an area stretching from Vancouver to Vladivostok. The Commission heard that, in economic terms, rampant corruption and organized crime in this vast region has cost U.S. businesses billions of dollars in lost contracts with direct implications for our economy here at home. Ironically, Mr. President, in some of the biggest recipients of U.S. foreign assistance, countries like Russia and Ukraine, the climate is either not conducive or is outright hostile to American businesses. This week a delegation of Russian officials led by Prime Minister Sergei Stepashin are meeting with the Vice President and other administration officials to seek support of the transfer of billions of dollars in loans and other assistance, money which ultimately comes from the pockets of U.S. taxpayers. I recently returned from the annual session of the OSCE Parliamentary Assembly in St. Petersburg, Russia, where I had an opportunity to sit down with U.S. business representatives to learn from their first-hand experiences and gain a deeper insight into the obstacles they face. During the 105th Congress, I introduced legislation, the International Anti-Corruption Act, to link U.S. foreign aid to how conducive recipient countries are to business investment. I intend to reintroduce that legislation shortly, taking into account testimony presented during last week's Commission hearing. The time has come to stop doing business as usual with the Russians and others who gladly line up to receive our assistance then turn around and fleece U.S. businesses seeking to assist with the establishment of legitimate operations in these countries. An article in the Washington Post this week illustrates the type of rampant and blatant corruption faced by many in the U.S. business community, including companies based in my home state of Colorado. Mr. President, I ask unanimous consent that the full text of this article be printed in the Record. There being on objection, the material was ordered to be printed in the Record, as follows: Investors Fear “Scary Guy” in Russia Talks (By Steven Mufson): Russian Prime Minister Sergei Stepashin arrived in Seattle on Sunday to court American investment in his country's ailing economy, but his entourage included a regional governor who has been accused of using strong-arm tactics to wrest assets from foreign investors. The controversial member of Stepashin's delegation is Yevgeny Nazdratenko, governor of Primonsky province in Russia's Far East, who is embroiled in several disputes with foreign business leaders. “Basically the governor is a pretty scary guy,” said Andrew Fox, who sits on the boards of more than 20 companies in the region and is the honorary British consul in Valdivostok. Fox said that Nazdratenko summoned him on June 3 and threatened to send him “on an excursion to visit a very small room” where Fox would be kept until he agreed to give the governor control of a crucial stake in a shipping company and leave the company's existing management intact. Fox left that week and is now in Scotland. David Gens, finance director of Seattle-based Far East Maritime Agency, said the Russian partner of one of the company's affiliates was ordered to contribute 10 percent of revenue for the rest of the year to Nazdratenko's reelection campaign. In yet another dispute, an American investor has alleged that Nazdratenko packed the board of a company, diluted the ownership interest of foreign investors and diverted funds to coffers for his December reelection campaign. Senior administration officials said Nazdratenko would not be included in meetings with President Clinton, Vice President Gore or other top U.S. officials today in Washington. But several business leaders said the mere presence of the Vladivostok politician, who accompanied Stepashin in Seattle for a tour of a Boeing plant and a dinner hosted by Washington Gov. Gary Locke (D), was sending a bad signal to investors. Russia has defaulted on its debts, it has a lot of economic problems, it should be extra careful to woo foreign investors, said a Moscow-based spokesman for a group of foreign investors in a dispute with Nazdratenko over a Vladivostok-based fishing company. “To bring the poster boy of corruption along to the United States is just staggering.” Nazdratenko has repeatedly and forcefully denied allegations in the Russian media of tolerating corruption and organized crime. As the governor of an immense territory with valuable forests and rich fishing grounds north of Japan, Nazdratenko is a political powerhouse and runs his region with little supervision from authorities in faraway Moscow. In Seattle, Stepashin told business leaders: “There are good prospects for investment in Russia, so please don't lose any time.” But Fox, who has lived in Vladivostok for seven years and represents foreigners with more than $100 million invested in the area, says he would like to ask Stepashin: “Which bits of Russia are you talking about?” “Everyone knows it is a risky thing to invest in Russia,” Fox added. “But it's so outrageous what's being done” in Vladivostok. “It's total lawlessness. Is that where Russia is heading?” Fox asked. “If so, then there is no sense in spending money there, and Russia is going to go backwards.” Acknowledging the complaints of many foreign investors, Stepashin told members of a U.S.-Russia business council in Washington last night that “all investments have to be protected not only in word, but indeed.” He said, “We understand that investors have every reason to be weary,” but added that “we are dead set on changing our attitude.” Many of those who have suffered from the fickle nature of Russia's economic system are in Seattle, the first stop in Stepashin's U.S. visit. Gens estimates that one Vladivostok fishing trawler company, Zao Super, owes tens of millions of dollars to Seattle-area suppliers of nets, fuel, spare parts and maintenance services. Yet the Russian Committee of Fisheries on July 2 transferred most of Zao Super's main assets, the fishing boats, to another company whose major shareholder and chairman is a close associate of Nazdratenko. Zao Super, which allegedly was told to divert money to Nazdratenko's campaign, has $350 million in debts being renegotiated by the Paris Club, a creditors' group comprised of the governments of leading industrialized nations. Despite these and other economic problems, Stepashin is widely expected to receive support in Washington for Russia's quest for $4.5 billion in loans from the International Monetary Fund and up to $2 billion from the World Bank. He will meet with officials of those institutions on Wednesday. The IMF funding is important to negotiations on rescheduling Russia's crushing debts. Russia, which has $17 billion in debt payments due this year, already has defaulted on many obligations. The IMF has been reluctant to support Russia since a combination of capital flight, poor tax collection, weak budget controls, corruption and lumbering state enterprises led to a collapse of the Russian currency, the ruble, in August 1998. But senior U.S. and IMF officials have been equally reluctant to isolate Russia by cutting off economic assistance. “We are going ahead with a package which I hope is credible, which I hope will be implemented fully,” Alassane Quattara, deputy managing director of the IMF, told Reuters. “The first intentions and the first measures taken by the new government are quite positive. ..... The board knows the parameters, the difficulties and the risks.” Mr. President, instead of jumping on the bandwagon to pump billions of additional tax dollars into a black hole in Russia, the administration should be pressing the Russian leadership, including Prime Minister Stepashin, to root out the kinds of bribery and corruption described in this article that have an overall chilling effect on much needed foreign investment. Left unchecked, such corruption will continue to undermine Russia's fledgling democracy and the rule of law and further impede moves toward a genuine free market economy.

  • 25th Anniversary of the Helsinki Final Act

    Mr. Speaker, next Tuesday marks the 25th anniversary of the signing of the Helsinki Final Act, which organized what has become known as the Helsinki or OSCE process, a critical venue in which the United States has sought to advance human rights, democracy and the rule of law. With its language on human rights, the Helsinki Final Act granted human rights of a fundamental principle in regulating international relations. The Final Act's emphasis on respect for human rights and fundamental freedoms is rooted in the recognition that the declarations of such rights affirms the inherent dignity of men and women, and are not privileges bestowed at the whim of the state. The commitments are worth reading again. Among the many pages, allow me to quote from several of the documents: In the Helsinki Final Act, the participating States commit to `respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion.' In the 1990 Charter of Paris for a New Europe, the participating states declared, `Human rights and fundamental freedoms are the birthright of all human beings, are inalienable and are guaranteed by law. Their protection and promotion is the first responsibility of government.' In the 1991 Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE, the participating States `categorically and irrevocably declare[d] that the commitments undertaken in the field of the human dimension of the CSCE are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the States concerned.' In the 1990 Charter of Paris for a New Europe, the participating States committed themselves `to build, consolidate and strengthen democracy as the only system of government of our nations.' The 1999 Istanbul Charter for European Security and Istanbul Summit Declaration notes the particular challenges of ending violence against women and children as well as sexual exploitation and all forms of trafficking in human beings, strengthening efforts to combat corruption, eradicating torture, reinforcing efforts to end discrimination against Roma and Sinti, and promoting democracy and respect for human rights in Serbia. Equally important, the standards of Helsinki, which served as a valuable lever in pressing human rights issues also provided encouragement and sustenance to courageous individuals who dared to challenge repressive communist regimes. Many of these brave men and women, members of the Helsinki Monitoring and affiliated Groups in Russia, Ukraine, Lithuania, Georgia, Armenia, and similar groups in Poland and Czechoslovakia and elsewhere, Soviet Jewish emigration activists, members of repressed Christian denominations and others, paid a high price in the loss of personal freedom and, in some instances, their lives, for their active support of principles enshrined in the Helsinki Final Act. Pressure by governments through the Helsinki process at various Helsinki fora, thoroughly reviewing compliance with Helsinki commitments and raising issues with Helsinki signatory governments which violated their freely undertaken human rights commitments, helped make it possible for the people of Central and Eastern Europe and the former Soviet Union to regain their freedom and independence. With the dissolution of the Soviet Union and Yugoslavia, the OSCE region has changed dramatically. In many of the States, we have witnessed widespread and significant transformations and a consolidation of the core OSCE values of democracy, human rights and the rule of law. Unfortunately, in others, there has been little if any progress, and in some, armed conflicts have resulted in hundreds of thousands having been killed and in the grotesque violation of human rights. Mr. Speaker, this milestone anniversary presents the President an appropriate opportunity to issue a proclamation in recognition of the obligations we and the other OSCE States have committed to uphold. It is important to keep in mind that all of the agreements of the Helsinki process have been adopted by consensus and consequently, each participating State is equally bound by each document. In addition to committing ourselves of the faithful implementation of the OSCE principles, the President should encourage other OSCE signatories as all of us have recognized that respect for human rights and fundamental freedoms, democratic principles, economic liberty, and the implementation of related commitments continue to be vital elements in promoting a new era of democracy and genuine security and cooperation in the OSCE region. Each participating State of the OSCE bears primary responsibility for raising violations of the Helsinki Final Act and the other OSCE documents. In the twenty-five years since this historic process was initiated in Helsinki, there have been many successes, but the task is far from complete. Mr. Speaker, we can look at OSCE's past with pride and its future with hope, keeping in mind President Ford's concluding comments at the signing of the Helsinki Final Act: `History will judge this conference not by what we say here today, but by what we do tomorrow, not by the promises we make, but by the promises we keep.'

  • Helsinki Final Act 25th Anniversary Resolution

    Mr. Speaker, today I am introducing a resolution commemorating the 25th anniversary of the Helsinki Final Act, an international accord whose signing represents a milestone in European history. As Chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, I have been privileged to be associated with the Helsinki process and its seminal role in advancing human rights, democracy and the rule of law in Europe. I am pleased to be joined by my fellow Helsinki Commissioners Representatives Hoyer, Wolf, Cardin, Salmon, Slaughter, Greenwood, Forbes and Pitts as original cosponsors. A companion resolution is being introduced today in the Senate by Helsinki Commission Co-Chair Sen. Ben Nighthorse Campbell.   The Helsinki Final Act and the process it spawned have been instrumental in consigning the Communist Soviet Empire, responsible for untold violations of human rights, into the dustbin of history. With its language on human rights, the Helsinki Final Act, for the first time in the history of international agreements, granted human rights the status of a fundamental principle in regulating international relations. The Final Act's emphasis on respect for human rights and fundamental freedoms is rooted in the recognition that the declaration of such rights affirms the inherent dignity of men and women and not privileges bestowed at the whim of the state.   Equally important, Mr. Speaker, the standards of Helsinki which served as a valuable lever in pressing human rights issues also provided encouragement and sustenance to courageous individuals who dared to challenge repressive communist regimes. Many of these brave men and women, members of the Helsinki Monitoring Groups in Russia, Ukraine, Lithuania, Georgia, Armenia, and similar groups in Poland and Czechoslovakia, Soviet Jewish emigration activists, members of repressed Christian denominations and others, paid a high price in the loss of personal freedom and, in some instances, their lives, for their active support of principles enshrined in the Helsinki Final Act. Western pressure through the Helsinki process, now advanced in the forum of the Organization for Security and Cooperation in Europe, greatly contributed to the freeing of the peoples of the Captive Nations, thus bringing an end to the Cold War.   The Helsinki Commission, on which I have served since 1983, played a significant role in promoting human rights and human contacts. The congressional initiatives such as hearings, resolutions, letters and face-to-face meetings with representatives of Helsinki signatories which violated human rights commitments, encouraged our own government to raise these issues consistently and persistently. The Commission's approach at various Helsinki meetings has always been to encourage a thorough and detailed review of compliance with Helsinki agreements. Specific cases and issues are cited, rather than engaging in broad, philosophical discussions about human rights. With the passage of time, and with the leadership of the United States, this more direct approach in pressing human rights concerns has become the norm. In fact, by 1991 the Helsinki signatory states accepted that human dimension commitments `are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the state concerned.'   With the dissolution of the Soviet Union and Yugoslavia, the OSCE region has changed dramatically. In many States, we have witnessed dramatic transformation and a consolidation of the core OSCE values of democracy, human rights and the rule of law. In others, there has been little if any progress, and in some, armed conflicts have resulted in hundreds of thousands having been killed and in the grotesque violation of human rights. The OSCE, which now includes 54 participating States, has changed to reflect the changed international environment, undertaking a variety of initiatives designed to prevent, manage, and resolve conflict and emphasizing respect for rule of law and the fight against organized crime and corruption, which constitute a threat to economic reform and prosperity. The Helsinki process is still dynamic and active, and the importance of a vigorous review in which countries are called to account for violations of their freely undertaken Helsinki commitments has not diminished.   This resolution calls on the President to issue a proclamation reaffirming the United States' commitment to full implementation of the Helsinki Final Act. All signatory states would be asked to clarify that respect for human rights and fundamental freedoms, democratic principles as well as economic liberty, and the implementation of related commitments continue to be vital elements in promoting a new era of democracy, peace and unity in the OSCE region. In the twenty-five years since this historic process was initiated in Helsinki, there have been many successes. Mr. Speaker, the task is still far from complete, and we must continue to do our part in championing the values that Helsinki espouses.

  • Report on the Presidential Election in Georgia

    On April 9, 2000, Georgia held a presidential election. According to the Central Election Commission, turnout was almost 76 percent. Incumbent President Eduard Shevardnadze won reelection with about 80 percent of the vote. Former Communist Party boss Jumber Patiashvili came in second, with 16.6 percent. The other candidates on the ballot were largely irrelevant. Though Shevardnadze’s victory was anticipated, it remained unclear until election eve whom he would defeat. Batumi Alliance leader Aslan Abashidze, boss of the Autonomous Republic of Ajaria, had announced last year plans to mount a presidential race, but many expected him to drop out, as he had no real chance of winning. By threatening a boycott, Abashidze won concessions from the CUG on the election law, but his overall strategy collapsed when his Batumi Alliance colleague, Jumber Patiashvili, announced plans to run against Shevardnadze no matter what. One day before the election, Abashidze withdrew, leaving Patiashvili as Shevardnadze’s only serious contender. The OSCE’s Office for Democratic Institutions and Human Rights election observation mission began its assessment by stating that “considerable progress is necessary for Georgia to fully meet its commitments as a participating state of the OSCE.” Among the problems in the election, ODIHR noted, inter alia, the authorities’ support for the incumbent, the failure of state media to provide balanced reportage, and the dominant role of the CUG in election commissions at all levels. While voting was generally conducted “calmly,” the “counting and tabulation procedures lacked uniformity and, at times, transparency.” The ODIHR also observed ballot stuffing and protocol tampering. Shevardnadze’s prospects for resolving the conflict in Abkhazia are bleak and he has little reason to expect help from Russia. Since the beginning of Russia’s latest campaign against Chechnya, Moscow has accused Tbilisi of allowing or abetting the transit of Chechen fighters through Georgian territory. These allegations also aim to pressure Georgia in negotiations about the withdrawal of Russia’s four military bases. High-level Russian political and military figures have made it plain that Moscow will try to retain the bases and will reassert its interests in the region to counter gains by Western countries, especially the United States. Tbilisi will need help from the United States in resisting a newly aggressive Moscow. Eduard Shevardnadze has long enjoyed good relations with Washington, which gratefully remembers his contribution as Soviet Foreign Minister to ending the Cold War peacefully. The United States has provided substantial assistance to Georgia and backed Shevardnadze morally as well. Presumably the congratulations tendered at the beginning of the State Department’s April 10 statement reflected appreciation for his past services, rather than acceptance at face value of the election’s results. President Clinton noted the election’s shortcomings in a post-election letter to Shevardnadze, reiterated Washington’s longstanding exhortation to attack corruption, and pressed him to implement urgent economic changes.

  • The Impact of Organized Crime and Corruption On Democratic and Economic Reform

    Commissioners Christopher Smith and Ben Nighthorse Campbell, along with others, discussed just how detrimental organized crime and corruption are on society. More specifically, organized crime negatively impact democracy’s expansion, the promotion of civil society, and security in the OSCE region, as well as economic development, particularly in southeast Europe and Central Asia. This is relevant to the United States because it has a strategic interest in promoting democratic reform and stability in the former U.S.S.R. and Central Asia. Countries in this region assist U.S. businesses exploring market opportunities, and the U.S. provides a good bit of bilateral assistance to these countries. The Helsinki Commission has pressed for greater OSCE involvement in efforts to combat corruption.

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