Title

Prerequisites for Progress in Northern Ireland

Wednesday, March 21, 2012
United States
Members: 
Name: 
Hon. Christopher Smith
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon Michael Burgess, M.D.
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Eliot Engel
Title Text: 
Member of Congress
Body: 
The United States House of Representatives
Witnesses: 
Name: 
Geraldine Finucane
Title: 
Widow of Murdered Human Rights Lawyer Patrick Finucane
Name: 
Christopher Stanley
Title: 
Lawyer
Body: 
British-Irish Rights Watch
Name: 
Mark Thompson
Title: 
Director
Body: 
Relatives of Justice
Name: 
Patricia Lundy
Title: 
Senior Lecturer
Body: 
University of Ulster
Name: 
Brian Gormally
Title: 
Director
Body: 
Committee on the Administration of Justice

This hearing assessed the progress towards peace made in Northern Ireland and discussed ways to ensure the sustainability of the peace.  Witnesses condemned the British government for backtracking on the Good Friday Agreement, as well as the United States for not putting enough pressure on Great Britain. Witnesses identified the murder of human rights lawyer Patrick Finucane, whose widow Geraldine was in attendance, as an obstacle to peace.

Relevant countries: 
Leadership: 
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  • Atmosphere of Trust Missing in Belarus

    Mr. Speaker, this fall, the Belarusian Government is planning to hold their second presidential elections since independence.  Judging by the continuing actions of the repressive regime of Aleksandr Lukashenka, free, fair, and transparent elections--consistent with Belarus' freely undertaken OSCE commitments--will be very difficult to achieve. Democratic elections require an all-encompassing atmosphere of trust and a respect for basic human rights. Unfortunately, recent actions in Belarus do nothing to encourage such trust. Most recently, on March 25, Belarusian authorities cracked down on participants of the Independence Day march, arresting and beating several protestors, subsequently fining and jailing some, including Belarusian Popular Front Chairman Vintsuk Vyachorka, who received a 15-day sentence on March 29, Ales Byaletsky, head of the human rights center "Viasna", who received a 10-day sentence, and Yuri Belenky, acting chairman of the Conservative Christian Party, who also received a 10-day sentence. Also detained and beaten was 17-year-old Dmitri Yegorov, a photojournalist for a Grodno-based, non-state newspaper. On the day of the march, Belarusian state television accused the opposition of “seeking to draw Belarus into some bloody turmoil", reflecting its increasingly shrill tone of late. Earlier this year, for instance, Belarusian television claimed the CIA was intensifying "subversive activity" as the presidential election draws nearer. On March 24, Belarus' KGB chief pledged on Belarusian television to intensify surveillance of foreigners in order to prevent them from interfering in the country's domestic matters. On March 12, Lukashenka signed Decree #8, which essentially imposes restrictions from abroad offered to NGOs for democracy building and human rights, including election monitoring. Moreover, the Belarusian Government has claimed that the OSCE Advisory and Monitoring Group's (AMG) domestic election observation project does not conform with the Belarusian Constitution and Mr. Speaker, I am also concerned about recent assaults on religious communities. Last month, the Council of Ministers restricted visits by foreign clergy for “non-religious" purposes--including contact with religious and other organizations, participation in conferences and other events, or charitable activities. Government officials are also refusing to register some Reform Jewish communities because they do not have “legal'' addresses. In February, state-controlled Belarusian television aired a documentary alleging Catholicism as a threat to the very existence of the Belarusian nation. And in January, leaders of Belarus' Protestant community alleged that state newspapers carried biased articles that present Pentecostals as “wild fanatics." Religious freedom is not the only liberty in peril. Freedom of the press and of self-expression are also in jeopardy. Editors of a variety of newspapers are being fined on fictitious and trumped-up charges for violating the Law on Press and Other Mass Media. Various periodicals are being confiscated and destroyed, and distributors of independent newspapers have been arrested. Youth organizations have been accused of engaging in activities that weaken the Belarusian statehood and undermining socioeconomic stability. Teenagers have been arrested for picketing and protesting, and others have been detained for distributing newspapers or pasting stickers advocating reform and calling on the authorities to solve the cases of political disappearances. Belarusian Television and Radio (BTR) has also canceled scheduled addresses to be made by potential presidential candidates or opposition leaders. The Deputy Minister of Education has ordered heads of the educational community to ban seminars conducted by the People's University. Lukashenka has also undertaken repressive acts against the potential presidential candidates and their families in an attempt to thwart their campaign progress. Family members of former Prime Minister Mikhail Chigir have become the target of persecution. Chigir's wife has been accused of interfering with the work of the police, and his son, Alexander, has been charged with large scale larceny. Chigir is not the only potential candidate whose actions have been thwarted by Lukashenka. Semyon Domash's meeting with potential voters at the Tourist Hotel was canceled on orders from the Mogilev authorities and a director of the clubhouse of the Brest Association of Hearing-Impaired People lost her job after hosting a February 3 voters' meeting with Domash. Vladimir Goncharik, a labor leader, has had to deal with newly state-created "unions" trying to muscle out unions supporting him. Two officials of a manufacturing plant were reprimanded by a Borisov city court for hosting a meeting between Chigir and employees at the plant. When one looks at these and other recent actions of the Lukashenka regime, the inescapable conclusion is that the regime has created an unhealthy environment in advance of the elections. Mr. Speaker, the regime's behavior is obviously not conducive to the promotion of free and fair elections. A few weeks ago, President Lukashenka stressed the need to establish an atmosphere of trust in bilateral Belarusian-U.S. relations. I strongly encourage Mr. Lukashenka to translate his words into concrete deeds that will encourage this trust and lead to the emergence of Belarus from its self-imposed isolation from the Euro-Atlantic community of democracies.

  • Celebrating Greek Independence Day

    Madam Speaker, 180 years ago the Greek people rose against the Ottoman Empire to free themselves from oppression and to reestablish not only a free and independent state, but a country that would eventually regain her ancient status as a democracy. In congratulating the people of Greece on the anniversary of their revolution, I join in recognizing the distinction earned by Greece as the birthplace of democracy and her special relationship with the United States in our fight together against Nazism, communism and other aggression in the last century alone. Yes, democrats around the world should recognize and celebrate this day together with Greece to reaffirm our common democratic heritage. Yet, Mr. Speaker, while the ancient Greeks forged the notion of democracy, and many Greeks of the last century fought to regain democracy, careful analyses of the political and basic human freedoms climate in today's Greece paint a sobering picture of how fundamental and precious freedoms are treated. Taking a look at the issues which have been raised in the Organization for Security and Cooperation in Europe (OSCE) Human Dimension Review Meetings and will be considered over the next week at the United Nations Committee on the Elimination of All Forms of Racial Discrimination (CERD), a few of the most critical human dimension concerns about contemporary Greece affect the freedom of expression, the freedom of religious belief and practice, and protection from discrimination. Legal restrictions on free speech remain on the books, and those convicted have typically been allowed to pay a fine instead of going to jail. In recent years, though, Greek journalists and others have been imprisoned based on statements made in the press. This was noted in the most recent Country Report on Human Rights Practices prepared by the Department of State. The International Press Institute has also criticized the frequent criminal charges against journalists in cases of libel and defamation. Religious freedom for everyone living in Greece is not guaranteed by the Greek Constitution and is violated by other laws which are often used against adherents of minority or non-traditional faiths. Especially onerous are the provisions of Greek law which prohibit the freedom of religion. These statutes have a chilling impact on religious liberty in the Hellenic Republic and are inconsistent with numerous OSCE commitments which, among other things, commit Greece to take effective measures to prevent and eliminate religious discrimination against individuals or communities; allow religious organizations to prepare and distribute religious materials; ensure the right to freedom of expression and the right to change one's religion or belief and freedom to manifest one's religion or belief. Over the last ten years, the European Court of Human Rights has issued more than a dozen judgments against Greece for violating Article 9 (pertaining to Freedom of Thought, Conscience and Religion) of the European Convention on Human Rights. One positive development was the decision made last summer to remove from the state-issued national identity cards the notation of one's religious affiliation. In May 2000, Minister of Justice Professor Mihalis Stathopoulos publicly recognized that this practice violated Greece's own Law on the Protection of Personal Data passed in 1997. The decision followed a binding ruling made by the relevant Independent Authority which asked the state to remove religion as well as other personal data (fingerprints, citizenship, spouse's name, and profession) from the identity cards. This has long been a pending human rights concern and an issue raised in a hearing on religious freedom held by the Commission on Security and Cooperation in Europe (which I Co-Chair) in September 1996. I am pleased to note that Greece has acknowledged in its most recent report to the UN CERD that the problems faced by the Roma community (which has been a part of Greek society for more than 400 years), migrant workers and refugees are “at the core of the concern of the authorities.” The recognition that issues which need attention is always the first step necessary to addressing the problem. The Commission has received many reports regarding the Roma community in Greece, including disturbing accounts of pervasive discrimination in employment, housing, education, and access to social services, including health care. With a very high illiteracy rate, this segment of Greek society is particularly vulnerable to abuse by local officials, including reports of Roma being denied registration for voting or identity cards that in turn prevents them from gaining access to government-provided services. Particularly alarming are incidents such as the forced eviction of an estimated 100 families by order of the mayor of Ano Liossia and the bulldozing of their makeshift housing in July of 2000. Similar incidents have occurred in recent years in Agia Paraskevi, Kriti, Trikala, Nea Koi, and Evosmos. Our Founding Fathers relied heavily on the political and philosophical experience of the ancient Greeks, and Thomas Jefferson even called ancient Greece “the light which led ourselves out of Gothic darkness.” As an ally and a fellow participating State of the OSCE, we have the right and obligation to encourage implementation of the commitments our respective governments have made with full consensus. I have appreciated very much and applaud the willingness of the Government of Greece to maintain a dialogue on human dimension matters within the OSCE. We must continue our striving together to ensure that all citizens enjoy their fundamental human rights and freedoms without distinction.

  • 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.

  • Turkey and Possible Military Equipment Sales

    Mr. Speaker, the United States has a longstanding dynamic relationship with our NATO ally, the Republic of Turkey, and I believe that the strength of that relationship relies on forthright candor. I have willingly recognized positive developments in Turkey, and I have sought to present fairly the various human rights concerns as they have arisen. Today, I must bring to my colleagues' attention pending actions involving the Government of Turkey which seem incongruous with the record in violation of human rights. I fear the planned sale of additional military aircraft to Turkey could potentially have further long-term, negative effects on human rights in that country. As Chairman of the Helsinki Commission, I presided over a hearing in March of 1999 that addressed many human rights concerns. The State Department had just released its Country Reports on Human Rights Practices covering 1998. Commissioner and Assistant Secretary of State for Democracy, Human Rights and Labor Harold Hongju Koh noted in testimony before the Commission that ‘serious human rights abuses continued in Turkey in 1998, but we had hoped that the 1998 report would reflect significant progress on Turkey's human rights record. Prime Minister Yilmaz had publicly committed himself to making the protection of human rights his government's highest priority in 1998. We had welcomed those assurances and respected the sincerity of his intentions. We were disappointed that Turkey had not fully translated those assurances into actions.’ I noted in my opening statement, ‘One year after a commission delegation visited Turkey, our conclusion is that there has been no demonstrable improvement in Ankara's human rights practices and that the prospects for much needed systemic reforms are bleak given the unstable political scene which is likely to continue throughout 1999.' Thankfully, eighteen months later I can say that the picture has improved- somewhat. A little over a year ago the president of Turkey's highest court made an extraordinary speech asserting that Turkish citizens should be granted the right to speak freely, urging that the legal system and constitution be ‘cleansed,’ and that existing ‘limits on language’ seriously compromised the freedom of expression. The man who gave that speech, His Excellency Ahmet Necdet Sezer, is the new President of the Republic of Turkey. Last summer several of us on the Commission congratulated President Sezer on his accession to the presidency, saying, in part: We look forward to working with you and members of your administration, especially as you endeavor to fulfill your commitments to the principles of the Helsinki Final Act and commitments contained in other Organization for Security and Cooperation in Europe (OSCE) documents. These human rights fundamentals are the bedrock upon which European human rights rest, the solid foundation upon which Europe's human rights structures are built. It is worth remembering, twenty-five years after the signing of the Final Act, that your predecessor, President Demerel, signed the commitments at Helsinki on behalf of Turkey. Your country's engagement in the Helsinki process was highlighted during last year's OSCE summit in Istanbul, a meeting which emphasized the importance of freedom of expression, the role of NGOs in civil society, and the eradication of torture. Your Presidency comes at a very critical time in modern Turkey's history. Adoption and implementation of the reforms you have advocated would certainly strengthen the ties between our countries and facilitate fuller integration of Turkey into Europe. Full respect for the rights of Turkey's significant Kurdish population would go a long way in reducing tensions that have festered for more than a decade, and resulted in the lengthy conflict in the southeast. Your proposals to consolidate and strengthen democracy, human rights and the rule of law in Turkey will be instrumental in ushering in a new era of peace and prosperity in the Republic. The Helsinki Final Act and other OSCE documents can serve as important guides in your endeavor. We all recall the pending $4 billion sale of advanced attack helicopters to the Turkish army. I have objected to this sale as leading human rights organizations, Turkish and western press, and even the State Department documented the use of such helicopters to attack Kurdish villages in Turkey and to transport troops to regions where civilians were killed. Despite repeated promises, the Turkish Government has been slow to take action which would hold accountable and punish those who have committed such atrocities. And we recently learned of the pending sale of eight even larger helicopters, S-80E heavy lift helicopters for Turkey's Land Forces Command. With a flight radius of over three hundred miles and the ability to carry over fifty armed troops, the S-80E has the potential to greatly expand the ability of Turkey's army to undertake actions such as I just recounted. Since 1998, there has been recognition in high-level U.S.-Turkish exchanges that Turkey has a number of longstanding issues which must be addressed with demonstrable progress: decriminalization of freedom of expression; the release of imprisoned parliamentarians and journalists; prosecution of police officers who commit torture; an end of harassment of human rights defenders and re-opening of non-governmental organizations; the return of internally displaced people to their villages; cessation of harassment and banning of certain political parties; and, an end to the state of emergency in the southeast. The human rights picture in Turkey has improved somewhat in the last several years, yet journalists continue to be arrested and jailed, human rights organizations continue to feel pressure from the police, and elected officials who are affiliated with certain political parties, in particular, continue to be harassed. Anywhere from half a million to 2 million Kurds have been displaced by the Turkish counter insurgency campaigns against the Kurdistan Workers Party, also known as the PKK. The Turkish military has reportedly emptied more than three thousand villages and hamlets in the southeast since 1992, burned homes and fields, and committed other human rights abuses against Kurdish civilians, often using types of helicopters similar to those the Administration is seeking to transfer. Despite repeated promises, the Government of Turkey has taken few steps to facilitate the return of these peoples to their homes, assist them to resettle, or compensate them for the loss of their property. Nor does it allow others to help. Even the ICRC has been unable to operate in Turkey. And, finally, four parliamentarians, Leyla Zana, Hatip Dicle, Orhan Dogÿan, and Selim Sadak, continue to serve time in prison. We cannot proceed with this sale, or other sales or transfers, when Turkey's Government fails to live up to the most basic expectations mentioned above. Mr. Speaker, I think it is also time that the United States establishes an understanding with Turkey and a credible method of consistent monitoring and reporting on the end-use of U.S. weapons, aircraft and service. An August 2000 report from the General Accounting Office (GAO) entitled ‘Foreign Military Sales: Changes Needed to Correct Weaknesses in End-Use Monitoring Program’ was a cause for concern on my part regarding the effectiveness of current end-use monitoring and reporting efforts. While we had been assured that end-use monitoring was taking place and that the United States was holding recipient governments accountable to the export license criteria, the GAO report reveals the failure of the Executive Branch to effectively implement monitoring requirements enacted by Congress. For example, the report points out on page 12: “While field personnel may be aware of adverse conditions in their countries, the Defense Security Cooperation Agency has not established guidance or procedures for field personnel to use in determining when such conditions require an end-use check.” For example, significant upheaval occurred in both Indonesia and Pakistan within the last several years. As a result, the State Department determined that both countries are no longer eligible to purchase U.S. defense articles and services. However, end-use checks of U.S. defense items already provided were not performed in either country in response to the standard. DSCA officials believed that the State Department was responsible for notifying field personnel that the criteria had been met for an end-use check to be conducted. However, DSCA and State have never established a procedure for providing notification to field personnel. Currently, the end-use monitoring training that DSCA provides to field personnel consists of a 30-minute presentation during the security assistance management course at the Defense Institute of Security Assistance Management. This training is intended to familiarize students with end-use monitoring requirements. However, this training does not provide any guidance or procedures on how to execute an end-use monitoring program at overseas posts or when to initiate end-use checks in response to one of the five standards. In the past there have been largely ad hoc attempts to report on the end-use of U.S. equipment. Therefore, I was pleased to support the passage of H.R. 4919, the Security Assistant Act of 2000 that was signed by the President on October 6. Section 703 of this Act mandates that no later than 180 days after its enactment, the President shall prepare and transmit to Congress a report summarizing the status of efforts by the Defense Security Cooperation Agency to implement the End-Use Monitoring Enhancement Plan relating to government-to-government transfers of defense articles, services, and related technologies. I want to commend House International Relations Committee Chairman Ben Gilman for his efforts in trying to make our end-use monitoring and reporting programs effective and accurate. I look forward to working with him and others to ensure that an effective and credible monitoring program is put in place without further delay. We must be consistent in our defense of human rights, and our relations, including our military relations, must reflect that commitment. For this reason, Mr. Speaker, I am not prepared to support the sale of additional weaponry and aircraft to Turkey at this time.

  • 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.

  • Expressing the Sense of House on the Peace Process in Northern Ireland

    Mr. Speaker, I want to thank the gentleman from New York (Mr. Gilman) for his leadership on this very important issue, as well as the gentleman from Massachusetts (Mr. Neal), the gentleman from New York (Mr. Crowley), and my good friend, the gentleman from New York (Mr. King), who has been indefatigable for many years on this important issue. Mr. Speaker, I think the gentleman from Massachusetts (Mr. Neal) is right in pointing out that this is a bipartisan effort, and we are trying to send a clear non-ambiguous message to the British Government that we are looking at their policing bill, that we looked at it very carefully, and it falls far, far short.   Last Friday, as chairman of the Subcommittee on International Operations and Human Rights and as chairman of the Helsinki Commission, I held my sixth hearing in a series of hearings which have delved into the status of human rights in the North of Ireland and the deplorable human rights record of the Royal Ulster Constabulary, the RUC, Northern Ireland's police force. Our panel of experts were emphatic about the gap that exists between the recommendations of the Patten Commission on policing reform and the bill that the British Government has now put forth in their attempt to comply with the Good Friday Agreement's instructions to ‘craft a new beginning to policing.’   Professor Brendan O'Leary, one of our witnesses from the London School of Economics and Political Science, testified that the pending police bill is, quote, ‘a poorly disguised façade’ that does not implement the Patten report. He said it was, and I quote again, ‘mendaciously misleading’ for Northern Ireland's Secretary of State, Peter Mandelson, to suggest that his government's bill implements the Patten report. Professor O'Leary reported that the bill improved at the Commons stage, yet he testified that the British government's bill is still very ‘insufficient.’ He called it a ‘bloodless ghost’ of Patten and referred to it as ‘Patten light.’   Similarly, Martin O'Brien, the great human rights activist and the Director of the Committee on Administration of Justice, an independent human rights organization in Belfast, expressed his organization's, quote, ‘profound disappointment at the developments since the publication of the Patten report.’ He said that ‘only a third or less of Patten's recommendations resulted in proposals for legislative change.’ Mr. O'Brien reported that `a study of the draft seems to confirm the view that the British government is unwilling,' his words, `to put Patten's agenda into practical effect.' He called it `a very far cry from the Patten report' and said `despite much lobbying and extensive changes in the course of the parliamentary process to date, there is still a very long way to go.'   Elisa Massimino, from the Lawyers’ Committee for Human Rights, testified that the bill `falls far short of the Patten recommendations' and she pointed to many discrepancies to illustrate this. And Dr. Gerald Lynch, the President of John Jay College of Criminal Justice in New York and an American appointee to the Patten Commission, restated the Commission's unanimous support for full implementation and warned, in his words, `that the recommendations should not be cherry picked but must be implemented in a cohesive and constructive manner.'   Mr. Speaker, the witnesses at last week's hearings, as well as witnesses at previous hearings, as well as in correspondences that we have all received and in the meetings that we have had throughout this Capitol and in Belfast and elsewhere, policing has been the issue. In fact last year we had Chris Patten himself and the U.N. Special Rapporteur to Northern Ireland, Param Cumaraswamy, speak to our subcommittee. They too pointed to police reform as the essence of real reform in Northern Ireland. It is critical to note, then, that despite the progress to date, the British government is at a critical crossroads on the path to peace in Northern Ireland. The British government has the sole opportunity and responsibility for making police reform either the linchpin or the Achilles heel of the Good Friday Agreement. Accordingly, our legislation today calls upon the British government to fully and faithfully implement the recommendations contained in the Patten Commission report. The bill is the culmination of years of work in terms of trying to get everyone to the point where they have a transparent police force that is not wedded to secrecy and cover-up of human rights abuses.   Mr. Speaker, H. Res. 547 does get specific. It points out that the police bill in parliament limits the powers of inquiry and investigation envisioned by the Patten report for the Policing Board and the police ombudsman. Remarkably, the police bill gives the Secretary of the State of Ireland a veto authority to prevent a Policing Board inquiry if the inquiry `would serve no useful purpose.' That just turns the bill into a farce, Mr. Speaker. The British government also prohibits the Policing Board from looking into any acts that occurred before the bill was enacted. The British government's bill also denies the ombudsman the authority to investigate police policies and practices and restricts her ability to look at past complaints against police officers. And the bill restricts the new oversight commissioner to assessing only those changes the British government agrees to, rather than overseeing the implementation of the full range of the Patten recommendations.   Mr. Speaker, when Mr. Patten met with our committee, I and many others expressed our disappointment that his report contained no procedure whatsoever for vetting RUC officers who committed human rights abuses in the past. That said, we took some comfort that the Commission at least recommended that existing police officers should affirmingly state a willingness to uphold human rights. Now we learn that the British government's bill guts even this minimalist recommendation... Mr. Speaker, let us have a unanimous vote for this resolution and send a clear message to our friends on the other side of the pond that we want real reform and that real police reform is the linchpin to the Good Friday Agreement.   Accordingly, our legislation today calls upon the British Government to fully and faithfully implement the recommendations contained in the Patten Commission report on policing. Our bill is the culmination of our years of work and it is our urging of an ally to do what is right for peace in Northern Ireland. H. Res. 547 does get specific. It now contains language which I offered at the Committee stage to highlight a few of the most egregious examples where the proposed Police Bill does not live up to either the letter or the spirit of the Patten report. For instance, the Police Bill, as currently drafted, limits the powers of inquiry and investigation envisioned by the Patten report for the Policing Board and the Police Ombudsman. Remarkably, the Police Bill gives the Secretary of State for Northern Ireland a veto authority to prevent a Policing Board inquiry if the inquiry would `serve no useful purpose.' The bill completely prohibits the Policing Board from looking into any acts that occurred before the bill is enacted. The British Government's Police Bill also denies the Ombudsman authority to investigate police policies and practices and restricts her ability to look at past complaints against police officers. And the bill restricts the new oversight commissioner to assessing only those changes the British Government agrees to rather than overseeing the implementation of the full range of Patten's recommendations.   Many of the reforms that the Patten Commission recommended, such as those addressing police accountability or the incorporation of international human rights standards into police practices and training, are not issues that divide the nationalist and unionist communities in Northern Ireland. One must ask then, who it is that the Northern Ireland Secretary of State is trying to protect or pacify by failing to implement these recommendations. Our witnesses concluded that the British Government is hiding behind the division between unionist and nationalists on other issues, such as what the police service's name and symbols will be, to avoid making changes in accountability structures and human rights standards for the police. According to Mr. O'Brien, `these constraints are there apparently to satisfy the concerns of people already in the policing establishment who don't want change and don't want the spotlight shown on their past activities or future activities.' In other words, the future of Northern Ireland is being held captive to the interests of the very police service and other British Government security services that the Good Friday Agreement sought to reform with the creation of the Patten Commission.   Mr. Speaker, there should be no doubt about the importance of policing reform in Northern Ireland as it relates to the broader peace process. Mr. O'Brien testified that `the issue of resolution of policing and the transformation of the criminal justice system are at the heart of establishing a lasting peace.' Dr. Gerald Lynch restated Chris Patten's oft-repeated statement that `the Good Friday Agreement would come down to the policing issue.' Professor O'Leary's comments were even more somber. He said: In the absence of progress on Patten . . . we are likely to see a stalling on possible progress in decommissioning, minimally, and maximally, if one wanted to think of a provocation to send hard line republicans back into full scale conflict, one could think of no better choice of policy than to fail to implement the Patten report . . . I think disaster can follow . . . and may well follow from the failure to implement Patten fully. Both the nationalist and unionist communities supported the Good Friday Agreement and all that it entailed, including police reform. The people of Northern Ireland deserve no less than a police service that they can trust, that is representative of the community it serves, and that is accountable for its actions.   In conclusion Mr. Speaker, let me point out to my colleagues that it was two years ago this week that human rights defense attorney Rosemary Nelson testified before my subcommittee expressing her deepest held fear that the RUC, which had made death threats to her and her family through her clients, would one day succeed and kill her. The U.N. Special Rapporteur, Para Cumaraswamy testified at the same hearing that after his investigation in Northern Ireland, he was `satisfied that there was truth in the allegations that defense attorneys were harassed and intimidated' by members of the RUC. As many people know, Rosemary Nelson was killed, the victim of an assassin's car bomb just six months after she asked us to take action to protect defense attorneys in Northern Ireland. Her murder is now being investigated, in part, by the RUC, the police force she so feared. If the British government's Police Bill continues to reject mechanisms for real accountability, we may never know who killed Rosemary Nelson, and defense attorney Patrick Finucane. And sadly the police force may never be rid of those who may have condoned, helped cover-up, or even took part in some of the most egregious human rights abuses in Northern Ireland. I strongly urge my colleagues to support this measure before us today in order to express in the strongest terms possible to the British government our support for implementation of the full Patten report and its very modest recommendations for a `new beginning in policing.'   Statement of Gerald W. Lynch, President, John Jay College of Criminal Justice, The City University of New York, Before the Commission on Security and Cooperation in Europe (The Helsinki Commission), September 22, 2000 Mr. Chairman and distinguished members of the Commission on Security and Cooperation in Europe. I want to thank you for the opportunity to present testimony regarding the work of the Independent Commission on Policing for Northern Ireland, commonly known as the Patten Commission. I would like to discuss the Policing Bill which is before the British Parliament. When I was introduced to the then Secretary of State for Northern Ireland, Mo Mowlam, she said to me: `How did you get Ted Kennedy and Ronnie Flanagan to agree on you? (Sir Ronnie Flanagan is the Chief Constable of the Royal Ulster Constabulary.) I told the Secretary that I believed they agree on me because John Jay College has provided training around the world emphasizing human rights and human dignity. Moreover, John Jay has had an exchange of police and faculty for 30 years with the British police, and for more than 20 years with the Garda, as well as an exchange with the R.U.C. for over 20 years. Over that time there had been hundreds of meetings and interactions among British, Irish and American police and criminal-justice experts. The continuing dialogue had generated an exchange of ideas and technology that was totally professional, and totally non-partisan. Many of John Jay's exchange scholars have risen to high ranks in Britain, Ireland and America. The current Commissioner of the police of New Scotland Yard, Sir John Stevens, was the exchange scholar at John Jay for the Fall of 1984. I am honored to have been selected to be a member of the Patten Commission. The Patten Report states that: `the opportunity for a new beginning to policing in Northern Ireland with a police service capable of attracting and sustaining support from the community as a whole . . . cannot be achieved unless the reality that part of the community feels unable to identify with the present name and symbols associated with the police is addressed. . . . our proposals seek to achieve a situation in which people can be British, Irish or Northern Irish, as they wish, and all regard the police service as their own. We therefore recommend: The Royal Ulster Constabulary should henceforth be named the Northern Ireland Police Service. That the Northern Ireland Police Service adopt a new badge and symbols which are entirely free from any association with either the British or Irish states (We not that the Assembly adopted a crest acceptable to all parties, namely, the symbol of the flax) That the union flag should no longer be flown from police buildings, and that, on those occasions on which it is appropriate to fly a flag on police buildings, the flag should be that of Northern Ireland Police Service, and it, too, should be free from association with the British or Irish states'.

  • Serbia Democratization Act of 2000

    Mr. Speaker, I thank the gentleman from New York for yielding me this time and for his work in helping to bring this legislation to the floor today. Mr. Speaker, as we wait to see if opposition candidate Vojislav Kostunica will be allowed to secure the election, which by all accounts he seems to have secured and won, it is important for this Congress to support those seeking democratic change in Serbia as well as those undertaking democratic change in Montenegro. This bill does just that. Introduced by myself and several other cosponsors in February of 1999, and updated in light of events since that time, the bill before us today includes language to which the Senate has already agreed by unanimous consent. The State Department has been thoroughly consulted, and its requested changes as well have been incorporated into the text. Throughout there has been a bipartisan effort to craft this legislation. In short, the bill authorizes the provision of democratic assistance to those in Serbia who are struggling for change. It also calls for maintaining sanctions on Serbia until such time that democratic change is indeed underway, allowing at the same time the flexibility to respond quickly to positive developments if and when they occur. Reflective of another resolution, H. Con. Res. 118, which I introduced last year, the bill supports the efforts of the International Criminal Tribunal for the former Yugoslavia to bring those responsible for war crimes and crimes against humanity, including Slobodan Milosevic, to justice. The reasons for this bill are clear, Mr. Speaker. In addition to news accounts and presentations in other committees and other venues, the Helsinki Commission, which I chair, has held numerous hearings on the efforts of the regime of Slobodan Milosevic to stomp out democracy and to stay in power. The Commission has held three hearings specifically on this issue and one additional hearing specifically on the threat Milosevic presents to Montenegro. Of course, in the many, many hearings the commission has held on Bosnia and Kosovo over the years, witnesses testify to the role of Milosevic in instigating, if not orchestrating, conflict and war. Mr. Speaker, the regime of Milosevic has resorted to increasingly repressive measures, as we all know, to stay in power in light of the elections that were held yesterday in the Yugoslav Federation, of which Serbia and Montenegro are a part. Journalist Miroslav Filipovic received, for example, a 7-year sentence for reporting the truth about Yugoslav and Serbian atrocities in Kosovo. The very courageous Natasa Kandic, of the Humanitarian Law Fund, faces similar charges for documenting these atrocities. Ivan Stambolic, an early mentor but now a leading and credible critic of Slobodon Milosevic, was literally abducted from the streets of Belgrade. Authorities have raided the headquarters of the Center For Free Elections and Democracy, a civic, domestic monitoring organization; and members of the student movement Otpor regularly face arrest, detention and physical harassment. Political opposition candidates have been similarly threatened, harassed, and physically attacked. As news reports regularly indicate, Milosevic may also be considering violent action to bring Montenegro, which has embarked on a democratic path and distanced itself from Belgrade, back under his control. Signs that he is instigating trouble there are certainly evident. It is too early for the results of the elections to be known fully. However, this bill allows us the flexibility to react to those results. Assistance for transition is authorized, allowing a quick reaction to positive developments. Sanctions can also be eased, if needed. On the other hand, few hold hope that Milosevic will simply relinquish power. A struggle for democracy may only now just be starting and not ending. The human rights violations I have highlighted, Mr. Speaker, are also mere examples of deeply rooted institutionalized repression. Universities and the media are restricted by Draconian laws from encouraging the free debate of ideas upon which societies thrive. National laws and the federal constitution have been drafted and redrafted to orchestrate the continued power of Slobodan Milosevic. The military has been purged, as we all know, of many high-ranking professionals unwilling to do Milosevic's dirty work, and the place is a virtual military force of its own designed to tackle internal enemies who are in fact trying to save Serbia from this tyrant. Paramilitary groups merge with criminal gangs in the pervasive corruption which now exists. Sophisticated and constant propaganda has been designed over the last decade to warp the minds of the people into believing this regime has defended the interests of Serbs in Serbia and throughout former Yugoslavia. As a result, even if a democratic change were to begin in Serbia, which we all hope and pray for, the assistance authorized in this bill is needed to overcome the legacy of Milosevic. His influence over the decade has been so strong that it will take considerable effort to bring Serbia back to where it should be. Bringing democratic change to Serbia and supporting the change already taking place in Montenegro is without question in the U.S. national interest. We may differ in our positions regarding the decision to use American forces in the Balkans either for peacekeeping or peacemaking. Nothing, however, could better create the conditions for regional stability which would allow our forces to come home with their mission accomplished than a Serbia on the road to democratic recovery. There is, however, an even stronger interest. Indeed, there is a fundamental right of the people of Serbia themselves to democratic governance. They deserve to have the same rights and freedoms, as well as the opportunity for a prosperous future, that is enjoyed by so many other Europeans and by our fellow Americans. The people of America, of Europe, the people of Serbia all have a strong mutual interest in ending Milosevic's reign of hatred and thuggery. This bill advances that cause.      

  • 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.

  • Serbian Democratization of 2000

    Mr. Speaker, I thank the gentleman from New York for yielding me this time and for his work in helping to bring this legislation to the floor today. Mr. Speaker, as we wait to see if opposition candidate Vojislav Kostunica will be allowed to secure the election, which by all accounts he seems to have secured and won, it is important for this Congress to support those seeking democratic change in Serbia as well as those undertaking democratic change in Montenegro. This bill does just that. Introduced by myself and several other cosponsors in February of 1999, and updated in light of events since that time, the bill before us today includes language to which the Senate has already agreed by unanimous consent. The State Department has been thoroughly consulted, and its requested changes as well have been incorporated into the text. Throughout there has been a bipartisan effort to craft this legislation. In short, the bill authorizes the provision of democratic assistance to those in Serbia who are struggling for change. It also calls for maintaining sanctions on Serbia until such time that democratic change is indeed underway, allowing at the same time the flexibility to respond quickly to positive developments if and when they occur. Reflective of another resolution, H. Con. Res. 118, which I introduced last year, the bill supports the efforts of the International Criminal Tribunal for the former Yugoslavia to bring those responsible for war crimes and crimes against humanity, including Slobodan Milosevic, to justice. The reasons for this bill are clear, Mr. Speaker. In addition to news accounts and presentations in other committees and other venues, the Helsinki Commission, which I chair, has held numerous hearings on the efforts of the regime of Slobodan Milosevic to stomp out democracy and to stay in power. The Commission has held three hearings specifically on this issue and one additional hearing specifically on the threat Milosevic presents to Montenegro. Of course, in the many, many hearings the commission has held on Bosnia and Kosovo over the years, witnesses testify to the role of Milosevic in instigating, if not orchestrating, conflict and war. Mr. Speaker, the regime of Milosevic has resorted to increasingly repressive measures, as we all know, to stay in power in light of the elections that were held yesterday in the Yugoslav Federation, of which Serbia and Montenegro are a part. Journalist Miroslav Filipovic received, for example, a 7-year sentence for reporting the truth about Yugoslav and Serbian atrocities in Kosovo. The very courageous Natasa Kandic, of the Humanitarian Law Fund, faces similar charges for documenting these atrocities. Ivan Stambolic, an early mentor but now a leading and credible critic of Slobodon Milosevic, was literally abducted from the streets of Belgrade. Authorities have raided the headquarters of the Center For Free Elections and Democracy, a civic, domestic monitoring organization; and members of the student movement Otpor regularly face arrest, detention and physical harassment. Political opposition candidates have been similarly threatened, harassed, and physically attacked. As news reports regularly indicate, Milosevic may also be considering violent action to bring Montenegro, which has embarked on a democratic path and distanced itself from Belgrade, back under his control. Signs that he is instigating trouble there are certainly evident. It is too early for the results of the elections to be known fully. However, this bill allows us the flexibility to react to those results. Assistance for transition is authorized, allowing a quick reaction to positive developments. Sanctions can also be eased, if needed. On the other hand, few hold hope that Milosevic will simply relinquish power. A struggle for democracy may only now just be starting and not ending. The human rights violations I have highlighted, Mr. Speaker, are also mere examples of deeply rooted institutionalized repression. Universities and the media are restricted by Draconian laws from encouraging the free debate of ideas upon which societies thrive. National laws and the federal constitution have been drafted and redrafted to orchestrate the continued power of Slobodan Milosevic. The military has been purged, as we all know, of many high-ranking professionals unwilling to do Milosevic's dirty work, and the place is a virtual military force of its own designed to tackle internal enemies who are in fact trying to save Serbia from this tyrant. Paramilitary groups merge with criminal gangs in the pervasive corruption which now exists. Sophisticated and constant propaganda has been designed over the last decade to warp the minds of the people into believing this regime has defended the interests of Serbs in Serbia and throughout former Yugoslavia. As a result, even if a democratic change were to begin in Serbia, which we all hope and pray for, the assistance authorized in this bill is needed to overcome the legacy of Milosevic. His influence over the decade has been so strong that it will take considerable effort to bring Serbia back to where it should be. Bringing democratic change to Serbia and supporting the change already taking place in Montenegro is without question in the U.S. national interest. We may differ in our positions regarding the decision to use American forces in the Balkans either for peacekeeping or peacemaking. Nothing, however, could better create the conditions for regional stability which would allow our forces to come home with their mission accomplished than a Serbia on the road to democratic recovery. There is, however, an even stronger interest. Indeed, there is a fundamental right of the people of Serbia themselves to democratic governance. They deserve to have the same rights and freedoms, as well as the opportunity for a prosperous future that is enjoyed by so many other Europeans and by our fellow Americans. The people of America, of Europe, the people of Serbia all have a strong mutual interest in ending Milosevic's reign of hatred and thuggery. This bill advances that cause.

  • Protecting Human Rights and Securing Peace in Northern Ireland: The Vital Role of Police Reform

    This hearing examined ongoing human rights efforts in Northern Ireland, in particular underscoring the importance of police reform for a just and lasting peace in Ulster.  Chairman Smith stressed the significance of the British government’s pending decision on the Patten Report, noting that its enactment would be a definitive move towards police reform. One witnesses, Gerald W. Lynch, a professor at John Jay College of Criminal Justice, said, “The Patten report provides a framework on which a police service built on a foundation of human rights can be achieved.” The Commissioners also commended the Good Friday Agreement.

  • Helsinki Commission Chairman Decries Lack of Northern Ireland Police Reforms

    WASHINGTON - United States Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) said today the British Government will determine whether police reform becomes a “linchpin or Achilles heel in the Good Friday Agreement,” underscoring just how much rides on policing reform for a just and lasting peace in Northern Ireland. In his sixth hearing examining the ongoing human rights efforts in Northern Ireland, Chairman Smith stressed the importance of the British Government’s pending decision either to enact the entire Patten Report in a definitive move towards policing reform, or continue standing idly by as police injustice continues. “Tremendous strides have been made toward peace in Northern Ireland in the past few years, and in 1998, the Good Friday Agreement was signed and strongly endorsed by public referendums in the Republic of Ireland and Northern Ireland,” said Smith. “The parties to the Agreement recognized it as a blueprint for the future and specifically recognized the promise it offered to craft ‘a new beginning to policing in Northern Ireland.’” On September 9, 1999, the Independent Commission on Policing for Northern Ireland issued its report which contained 175 recommendations for change and reform and stated that “policing was at the heart of many of the problems politicians have been unable to resolve in Northern Ireland,” added Smith. “Regrettably, the Police Bill scheduled for the House of Lords in early October does not fully reflect these and many other recommendations.” “The Patten report provides a framework on which a police service built on a foundation of human rights can be achieved,” said Gerald Lynch, President of John Jay College of Criminal Justice and a member of the former Patten Commission. “The recommendations of the Patten Commission were unanimous. It is crucial that the recommendations not be cherry picked but be implemented in a cohesive and constructive manner,” added Lynch. “I believe that the Patten Report is not only what [Northern Ireland Secretary of State Peter] Mandelson should fully implement under the Agreement as proof of rigorous impartiality in his administration, but also what he should implement even if there were to be no Agreement,” said Brendan O’Leary, Professor at the London School of Economics and Political Science. O’Leary called the pending Policing Bill a “poorly disguised facade” that does not implement the Patten report. Smith noted that the Patten Commission recognized that one of the RUC’s most striking problems is its lack of accountability. Smith noted that of 16,375 complaints received by the Independent Commission for Police Complaints (ICPC) prior to 1994, not one single case resulted in any disciplinary sanction against an RUC officer. In 1996, 2,540 complaints were submitted to the ICPC, only one RUC officer was found guilty of abuse. In 1997, one person was dismissed from the RUC-one person out of 5,500 complaints that year. “To address the problems of accountability, the Patten Commission offered many recommendations such as replacing the Independent Commission for Police Complaints with a Police Ombudsman’s office that would have its own staff and investigative powers. The Commission also recommended a new Policing Board and an International Oversight Commissioner with the authority to help shape a new police force that would have the confidence of the community it serves,” said Smith. “Yet the legislation limits instead of extends the powers of these institutions. Incredibly, the Police Bill gives the Northern Ireland Secretary of State a veto authority to prevent a Policing Board inquiry if the inquiry would ‘serve no useful purpose;’ it restricts the Ombudsman’s ability to investigate police policies and practices, completely prohibits the Policing Board from looking into any acts that occurred before the bill is enacted, and restricts the Oversight Commissioner to overseeing only those changes in policing that the government approves.” “The Police Bill also rejects the Patten Commission’s recommendation that all police officers in Northern Ireland take an oath expressing an explicit commitment to upholding human rights. This recommendation should have been the absolute floor for the new police service,” said Smith. “Despite the fact that the first draft of the Police Bill incorporated less than two-thirds of the Patten recommendations, Mr. Mandelson continues to argue that this bill is the implementation of Patten.” Elisa Massimino, Washington Office Director of the Lawyers Committee for Human Rights, noted that the British Government’s lack of pursuit in installing human rights measures raises a number of concerns. “Although the British Government has repeatedly asserted that it ‘recognizes the importance of human rights,’ its ongoing resistance to inserting reference to international human rights standards into the language of the Police Bill raises serious questions,” said Massimino. Martin O’Brien of the Committee on the Administration of Justice (CAJ), a non-sectarian human rights group in Belfast which has been working for the implementation of the Patten Report, said, “Implementation is everything, and in that context, CAJ must report to Congress our profound disappointment at developments since the publication of the Patten report.” “The Good Friday Agreement offers the best chance for peace that Northern Ireland has had in the past thirty years,” said Smith. “I hope and pray that the British Government will seize the promise of the Good Friday Agreement to create a police service that, in the words of that Agreement, is ‘professional, effective and efficient, fair and impartial, free from partisan political control; accountable, both under the law for its actions and to the community it serves; representative of the society it polices, and operates within a coherent and co-operative criminal justice system, which conforms with human rights norms.’ These standards are consistent with the UK’s commitments as a participating State of the OSCE and they are what the people of Northern Ireland deserve.”

  • 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.'

  • Milosevic’s Crackdown in Serbia and Threat to Montenegro

    At this hearing, with Commissioners Chris Smith (NJ-04) and Benjamin Nighthorse Campbell (R-CO) in attendance, witnesses testified on the atrocities committed by Serbian President Slobodan Milosevic. Foremost on people’s minds was the conviction and sentence of years in prison of a Serbian journalist for committing “espionage” after he wrote about Serbian atrocities in Kosovo. More broadly, the hearing examined Milosevic’s efforts to perpetuate his power by forcing changes to the Yugoslav constitution and cracking down on forces in Serbia.  Also in attendance were Branislav Carak of the Serbian Independent Trade Union; Stojan Cerovic, fellow at the U.S. Institute of peace; Dr. David Dasic, head of the Trade Mission of the Republic of Montenegro; and Bogdan Ivanisevic, researcher at Human Rights Watch.

  • Religious Liberty: The Legal Framework in Selected OSCE Countries

    At the briefing, an in-depth study examining the religious liberties laws and constitutional provisions of twelve countries: Austria, France, Germany, Greece, the Netherlands, Poland, Russia, Turkey, Ukraine, United Kingdom, the United States, and Uzbekistan formally released by the Helsinki Commission was discussed. The project was inspired by the agreement of OSCE participating States to “ensure that their laws, regulations, practices and policies conform with their obligation under international law and are brought into harmony with the provisions of the Declaration on Principles and other OSCE commitments.” Various panelists addressed the issue of governments continuing to impose restrictions on individual religious liberties, despite a prior agreement to curtail anti-religious laws and governmental practices designed to prevent people from practicing or expressing their religious beliefs. Legal specialists from the Law Library of Congress emphasized a “frightening” trend in France to limit an individual’s right to freely express religious views or participate in religious activities, a Greek policy requiring one’s religious affiliation to be listed on government-issued identification cards, and Turkish raids on Protestant groups as examples of the violations of religious liberty that continue to plague these selected OSCE countries.

  • OSCE PA Delegation Trip Report

    Mr. President, I take this opportunity to provide a report to my colleagues on the successful congressional delegate trip last week to St. Petersburg, Russia, to participate in the Eighth Annual Parliamentary Assembly Session of the Organization for Security and Cooperation in Europe, known as the OSCE PA. As Co-chairman of the Helsinki Commission, I headed the Senate delegation in coordination with the Commission Chairman, Congressman Chris Smith. This year's congressional delegation of 17 members was the largest representation by any country at the proceedings and was welcomed as a demonstration of continued U.S. commitment to security in Europe. Approximately 300 parliamentarians from 52 OSCE participating states took part in this year's meeting of the OSCE Parliamentary Assembly. My objectives in St. Petersburg were to advance American interests in a region of vital security and economic importance to the United States; to elevate the issues of crime and corruption among the 54 OSCE countries; to develop new linkages for my home state of Colorado; and to identify concrete ways to help American businesses. The three General Committees focused on a central theme: ``Common Security and Democracy in the Twenty-First Century.'' I served on the Economic Affairs, Science, Technology and the Environment Committee which took up the issue of corruption and its impact on business and the rule of law. I sponsored two amendments that highlighted the importance of combating corruption and organized crime, offering concrete proposals for the establishment of high-level inter-agency mechanisms to fight corruption in each of the OSCE participating states. My amendments also called for the convening of a ministerial meeting to promote cooperation among these states to combat corruption and organized crime. My anti-corruption amendment was based on the premise that corruption has a negative impact on foreign investment, on human rights, on democracy building and on the rule of law. Any investor nation should have the right to expect anti-corruption practices in those countries in which they seek to invest. Significant progress has been made with the ratification of the new OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Under the OECD Convention, companies from the leading exporting nations will have to comply with certain ethical standards in their business dealings with foreign public officials. And, last July, the OSCE and the OECD held a joint conference to assess ways to combat corruption and organized crime within the OSCE region. I believe we must build on this initiative, and offered my amendment to urge the convening of a ministerial meeting with the goal of making specific recommendations to the member states about steps which can be taken to eliminate this primary threat to economic stability and security and major obstacle to U.S. businesses seeking to invest and operate abroad.   My anti-crime amendment was intended to address the negative impact that crime has on our countries and our citizens. Violent crime, international crime, organized crime and drug trafficking all undermine the rule of law, a healthy business climate and democracy building. This amendment was based on my personal experiences as one of the only members of the United States Senate with a law enforcement background and on congressional testimony that we are witnessing an increase in the incidence of international crime, and we are seeing a type of crime which our countries have not dealt with before. During the opening Plenary Session on July 6, we heard from the Governor of St. Petersburg, Vladimir Yakolev, about how the use of drugs is on the rise in Russia and how more needs to be done to help our youth. On July 7, I had the opportunity to visit the Russian Police Training Academy at St. Petersburg University and met with General Victor Salnikov, the Chief of the University. I was impressed with the General's accomplishments and how many senior Russian officials are graduates of the university, including the Prime Minister, governors, and members of the Duma. General Salnikov and I discussed the OSCE's work on crime and drugs, and he urged us to act. The General stressed that this affects all of civilized society and all countries must do everything they can to reduce drug trafficking and crime. After committee consideration and adoption of my amendments, I was approached by Senator Jerry Grafstein from Canada who indicated how important it was to elevate the issues of crime and corruption in the OSCE framework. I look forward to working with Senator Grafstein and other parliamentarians on these important issues at future multi-lateral meetings. St. Petersburg is rich in culture and educational resources. This grand city is home to 1,270 public, private and educational libraries; 181 museums of art, nature, history and culture; 106 theaters; 52 palaces; and 417 cultural organizations. Our delegation visit provided an excellent opportunity to explore linkages between some of these resources with the many museums and performing arts centers in Colorado. On Thursday, July 8, I met with Tatyana Kuzmina, the Executive Director for the St. Petersburg Association for International Cooperation, and Natalia Koltomova, Senior Development Officer for the State Museum of the History of St. Petersburg. We learned that museums and the orchestras have exchanges in New York, Michigan and California. Ms. Kuzmina was enthusiastic about exploring cultural exchanges with Denver and other communities in Colorado. I look toward to following up with her, the U.S. Consulate in St. Petersburg, and leaders in the Colorado fine arts community to help make such cultural exchanges a reality. As proof that the world is getting smaller all the time, I was pleasantly surprised to encounter a group of 20 Coloradans on tour. In fact, there were so many from Grand Junction alone, we could have held a Town Meeting right there in St. Petersburg! In our conversations, it was clear we shared the same impressions of the significant potential that that city has to offer in future linkages with Colorado. I ask unanimous consent that a list of the Coloradans whom I met be printed in the Record following my remarks. In the last Congress, I introduced the International Anti-Corruption Act of 1997 (S. 1200) which would tie U.S. foreign aid to how conducive foreign countries are to American businesses and investment. As I prepare to reintroduce this bill in the 106th Congress and to work on combating crime and corruption within the OSCE framework, I participated in a meeting of U.S. business representatives on Friday, July 9, convened by the Russian-American Chamber of Commerce, headquartered in Denver. We were joined by my colleagues, Senator Kay Bailey Hutchison, Senator George Voinovich and my fellow Coloradan, Congressman Tom Tancredo. We heard first-hand about the challenges of doing business in Russia from representatives of U.S. companies, including Lockheed Martin Astronautics, PepsiCo, the Gillette Company, Coudert Brothers, and Colliers HIB St. Petersburg. Some issues, such as export licensing, counterfeiting and corruption are being addressed in the Senate. But, many issues these companies face are integral to the Russian business culture, such as taxation, the devaluation of the ruble, and lack of infrastructure. My colleagues and I will be following up on ways to assist U.S. businesses and investment abroad. In addition, on Wednesday, July 7, I participated in a meeting at the St. Petersburg Investment Center. The main focus of the meeting was the presentation of a replica of Fort Ross in California, the first Russian outpost in the United States, to the Acting U.S. Consul General on behalf of the Governor of California. We heard from Anatoly Razdoglin and Valentin Makarov of the St. Petersburg Administration; Slava Bychkov, American Chamber of Commerce in Russia, St. Petersburg Chapter; Valentin Mishanov, Russian State Marine Archive; and Vitaly Dozenko, Marine Academy. The discussion ranged from U.S. investment in St. Petersburg and the many redevelopment projects which are planned or underway in the city. As I mentioned, on Wednesday, July 7, I toured the Russia Police Training Academy at St. Petersburg University and met with General Victor Salnikov, the Chief of the University. This facility is the largest organization in Russia which prepares law enforcement officers and is the largest law institute in the country. The University has 35,000 students and 5,000 instructors. Among the law enforcement candidates, approximately 30 percent are women. The Police Training Academy has close contacts with a number of countries, including the U.S., France, Germany, the United Kingdom, Finland, Israel and others. Areas of cooperation include police training, counterfeiting, computer crimes, and programs to combat drug trafficking. I was informed that the Academy did not have a formal working relationship with the National Institute of Justice, the research and development arm of the U.S. Department of Justice which operates an extensive international information-sharing program. I intend to call for this bilateral linkage to facilitate collaboration and the exchange of information, research and publications which will benefit law enforcement in both countries fight crime and drugs. In addition to the discussions in the plenary sessions of the OSCE Parliamentary Assembly, we had the opportunity to raise issues of importance in a special bilateral meeting between the U.S. and Russia delegations on Thursday morning, July 8. Members of our delegation raised issues including anti-Semitism in the Duma, developments in Kosovo, the case of environmental activist Aleksandr Nikitin, the assassination of Russian Parliamentarian Galina Starovoitova, and the trafficking of women and children. As the author of the Senate Resolution condemning anti-Semitism in the Duma (S. Con. Res. 19), I took the opportunity of this bilateral session to let the Russian delegation, including the Speaker of the State Duma, know how seriously we in the United States feel about the importance of having a governmental policy against anti-Semitism. We also stressed that anti-Semitic remarks by their Duma members are intolerable. I look forward to working with Senator Helms to move S. Con. Res. 19 through the Foreign Relations Committee to underscore the strong message we delivered to the Russians in St. Petersburg. We had the opportunity to discuss the prevalence of anti-Semitism and the difficulties which minority religious organizations face in Russia at a gathering of approximately 100 non-governmental organizations (NGOs), religious leaders and business representatives, hosted by the U.S. Delegation on Friday, July 9. We heard about the restrictions placed on religious freedoms and how helpful many American non-profit organizations are in supporting the NGO's efforts. I am pleased to report that the U.S. Delegation had a significant and positive impact in advancing U.S. interests during the Eighth OSCE Parliamentary Assembly Session in St. Petersburg. To provide my colleagues with additional information, I ask unanimous consent that my formal report to Majority Leader Lott be printed in the Record following my remarks. Thank you, Mr. President, I yield the floor.

  • Torture in the OSCE Region

    In advance of the 2000 commemoration of the United Nations Day in Support of the Victims of Torture, the Helsinki Commission held a briefing to focus on the continuing problem of torture in the OSCE region. In spite of these efforts and the efforts of our Commission, including introducing and working for passage of two bills, the Torture Victims Relief Act and the Reauthorization of the Torture Victims Relief Act, torture continues to be a persistent problem in every OSCE country including the United States. This briefing considered two specific problem areas, Chechnya and Turkey, as well as efforts to prevent torture and to treat torture survivors. Witnesses testifying at the briefing – including Dr. Inge Genefke, International Rehabilitation Council for Torture Victims; Maureen Greenwood, Advocacy Director for  Europe and the Middle East, Amnesty International; and Douglas Johnson, Executive Director of the Center for the Victims of Torture – highlighted statistics about the number of torture victims in Turkey and Chechnya and related violations of individual rights.

  • President Putin's Visit to Moldova

    Mr. Speaker, President Putin of Russia continues to maintain a heavy schedule of international visits. Among the several destinations, he is scheduled to visit Moldova later this week.   The Republic of Moldova is located principally between the Prut River on the west and the Dniestr River to the east, between Romania and Ukraine. A sliver of the country, the `left bank' or `Transdniestria' region, extends beyond the Dniestr River and borders with Ukraine. The 4.3 million population in Moldova is 65 percent ethnic Romanian, with significant Ukrainian and Russian minorities. Gagauz, Bulgarians, Roma, and Jews constitute the bulk of the remainder. While Moldova and Romania were united between World Wars I and II, following seizure by the Soviets in World War II, Moldova became a Soviet `Republic.' When the Soviet Union collapsed in 1991, Moldova gained its independence and is now an internationally-recognized sovereign state, a member of the United Nations, the Organization for Security and Cooperation in Europe, and a host of other international organizations.   When Moldova became independent, there were approximately 15,000 Soviet troops of the 14th Army based in the Transdniestria region of Moldova. In 1992, elements of these troops helped pro-Soviet elements establish a separatist state in Transdniestria, the so-called Dniestr Moldovan Republic. This state, unrecognized and barely changed from the Soviet era, continues to exist and defy the legitimate authorities of Moldova. Meanwhile, elements of the former Soviet army, now the Russian army, remained in Transdniestria after the collapse of the Soviet Union. Renamed the Operational Group of Forces, they presently number about 2,500. The Moldovan Government has wanted the troops to leave, and the Russians keep saying they are going to leave. The Moldovan and Russian Governments signed an agreement in 1994 according to which Russian forces would withdraw in three years. Obviously, that deadline has passed. Russia was supposed to remove her forces from Moldova as a part of the Council of Europe accession agreement in February 1996. In fact, language in the declaration of the 1999 OSCE Istanbul Summit insists that Russia remove its military arsenals from Moldova by December 2001 and its forces by December 2002. This latest OSCE language enhances language included in the 1994 Budapest document and the 1996 Lisbon document calling for complete withdrawal of the Russian troops.   Mr. Speaker, there is no legitimate security reason for the Russian Government to continue to base military forces on the territory of a sovereign state that wishes to see them removed. This relatively small contingent of troops is a vestige of the Cold War. I would add also that the United States Government has agreed to help finance some of the moving costs for the Russian equipment. I would hope President Putin will assure his hosts in Moldova that the Russian forces will be removed in accordance with the OSCE deadline, if not earlier.  

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