Title

The Rule of Law and Civil Society in Azerbaijan

Thursday, November 05, 2015
2:00pm
Cannon House Office Building, Room 311
Washington, DC
United States
Members: 
Name: 
Hon. Robert B. Aderholt
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Moderator(s): 
Name: 
Shelly Han
Title Text: 
Policy Advisor
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Ambassador Richard Morningstar
Title: 
Founding Director of the Global Energy Center
Body: 
Atlantic Council
Name: 
Natalia Bourjaily
Title: 
Vice President - Eurasia
Body: 
International Center for Not-For-Profit Law
Name: 
Dinara Yunus
Body: 
Daughter of Imprisoned Azerbaijani Human Rights Defenders Leyla and Arif Yunus

Azerbaijan's parliamentary election in November 2015 provided further evidence of the absence of rule of law in Azerbaijan. The majority of opposition candidates were not allowed on the ballot, there was no mechanism for debate on television, election monitors faced intimidation, and Azerbaijan generally failed to abide by minimum standards of elections it has committed itself to in the OSCE. Rule of law means that governmental powers are restricted by certain standards, which includes that citizens are allowed mechanisms to hold government accountable, such as through the media and civil society. These freedoms are greatly restricted in Azerbaijan. This briefing sought to better understand the situation in Azerbaijan through the testimonies of experts, including a particularly moving testimony by Dinara Yunus, the daughter of two imprisoned Azerbaijani human rights defenders. 

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  • Report on Azerbaijan's Presidential Election

    On October 11, 1998, Azerbaijan held presidential elections. The contest pitted incumbent President Heydar Aliev, the former Communist Party leader who returned to power in 1993, against moderate opposition leader Etibar Mamedov, political maverick Nizami Suleimanov, and three other candidates with little recognition or following. While no one seriously expected Aliev to lose, the opposition candidates were hoping for a second round. Five leading opposition politicians—Abulfaz Elchibey, Isa Gambar, Rasul Guliev, Ilyas Ismailov and Lala Shovket—boycotted the vote, unwilling to legitimize by their participation an election they believed would be unfair. Negotiations that took place in August between the government and the boycotting opposition over the most controversial aspect of the election—the composition of the Central Election Commission—proved unsuccessful, with the authorities rejecting the opposition’s demand for equal representation on the CEC. The five leaders, joined by numerous other parties and groups in the Movement for Electoral Reform and Democratic Elections, urged voters not to go to the polls. The authorities minimized the boycott’s significance, arguing that the opposition leaders knew they had no chance in a fair election and therefore preferred to claim fraud and not participate. Beginning August 15, the boycotting parties organized a series of rallies and demonstrations to pressure the government and call for fair elections. These were the first mass street actions in Azerbaijan in years. The authorities refused to let the opposition hold a demonstration in Freedom Square, in the center of Baku, offering alternative venues instead. On September 12, protesters clashed with police, resulting in arrests and injuries. Afterwards, authorities and opposition tried to reach agreement on the demonstrators’ route, and most pre-election rallies, some of which drew big crowds, were largely peaceful. The increasingly tense relations between the government and boycotting opposition parties were one factor in the OSCE/ODIHR’s appraisal of the election.  In ODIHR’s view, these failings outweighed the positive aspects of the election, such as the election law, which all sides acknowledged as acceptable, the freedom for candidates to speak openly on television, the abolition of censorship and provisions for domestic observers. The OSCE/ODIHR assessment was that the election fell short of meeting international norms. With the OSCE assessment placing in question the official results, the CEC’s failure to publish election protocols until long after the stipulated time period heightens doubts about President Aliev’s standing. The election was largely a referendum on his five-year presidency. Since his return to power in 1993, he has not solved the major problems besetting the country. The NagornoKarabakh conflict remains unsettled; Azerbaijani territory is still under Armenian occupation and no refugees have returned to their homes. Living standards for the great majority of the population have declined precipitously, though it is widely known that a tiny stratum of corrupt officials and businessmen have become rich. Moreover, the predominance of people from Nakhichevan - Aliev’s home region - in positions of power exacerbates general discontent.

  • The Status of Human Rights in Russia

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

  • Belarus Opposition Leaders

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

  • Bosnia

    During this briefing, Robert Hand, policy advisor at the Commission, led a discussion regarding Bosnia and its different regions. He spoke of the situation in Bosnia in 1998 and the power of ethnically-based political parties, retained through nationalism, corruption, and control of the media. Reconstruction in Bosnia has slow and challenging due to poor economic conditions and the continued displacement of certain populations. The witnesses - Luke Zahner, Candace Lekic, Jessica White, Roland de Rosier, Kathryn Bomberger, Brian Marshall - have served in regions all over Bosnia and gave valuable input on the differences between regions and their rehabilitations processes after the Dayton Accords. They also spoke of the influence of Republica Srpska and the Bosnian Federation on said regions.  Paying attention to these differences, they state, is important in that the United States wants to support only those that successfully implement the Dayton Accords.

  • Status of Religious Liberty for Minority Faiths in Europe and the OSCE

    The purpose of this hearing, which the Hon. Christopher H. Smith chaired, was to discuss the reality of disturbing undercurrents of subtle, but growing, discrimination and harassment of minority religious believers, as opposed to discussing the widespread documentation of torture and persecution of practitioners of minority faiths. In a number of European countries, government authorities had seemed to work on restricting the freedoms of conscience and speech in much of their governments’ actions. For example, in Russia, on September 26, 1997, President Boris Yeltsin signed the law called “On Freedom of Conscience and on Religious Associations,” which blatantly violated agreements of the OSCE which the former U.S.S.R. helped to initiate. Through use of witnesses, then, attendees of this hearing, namely commissioners, gained a deeper understanding of the religious liberty violations within OSCE member countries and insight into how to best influence governments to adhere more closely to internationally accepted human rights standards.

  • What's Next, Mr. Prime Minister? Democracy Hangs in the Balance in Slovakia on Constitution's Fifth Birthday

    Mr. President, 5 years ago, the speaker of the Slovak Parliament, Ivan Gasparovic, described his country's new constitution as `an expression of centuries-old emancipation efforts of the Slovak people to have a sovereign state of their own.' He also spoke of its `supreme binding force.' Since then, the people who present themselves as the guardians of Slovakia's statehood have undermined Slovakia's constitution. This is what they have done. This May, the Ministry of Interior ignored the Constitutional Court's ruling and altered an important referendum on NATO and on the direct election of the President, effectively denying the people of Slovakia their constitutionally guaranteed right to register their views through a referendum. Defending its actions, members of the Prime Minister's party insisted that they acted in conformity with the constitution--as they interpreted it--and that they were justified in placing their views ahead of the ruling of the highest court in the land. The actions of the ruling coalition in the case of Frantisek Gaulieder makes clear that the Meciar government has a profound and fundamental disregard for the constitution of Slovakia. Then there is the case of Frantisek Gaulieder. Frantisek Gaulieder is a member of the Slovak Parliament who was removed from office because he renounced his membership in Prime Minister Vladimir Meciar's party, the Movement for a Democratic Slovakia. On July 25, the Constitutional Court confirmed that the ruling coalition's action which deprived Gaulieder of his seat was unconstitutional and violated Gaulieder's rights. But members of the Prime Minister's coalition again claimed that they, and not the Constitutional Court, have the right to determine what the constitution means, and have declined to act to restore Gaulieder to his seat in Parliament. In short, the `supreme binding force' that Ivan Gasparovic spoke of 5 years ago no longer flows from the constitution, but from the will of Vladimir Meciar. When there are differences of opinion as to what a constitution means, whether those differences arise between branches of government or between the government and its citizens, in a state operating under the rule of law, it is the job of a constitutional court to interpret what the constitution means, not the Prime Minister or Parliament. Although this principle is taken for granted in many parts of Europe, and was established early in American history by the famous Supreme Court case of Marbury versus Madison, it has apparently not yet been accepted in Slovakia. Mr. President, the Slovak Democratic Coalition has moved, four times, to convene a special session of the Parliament in order to implement the decision of the Constitutional Court and restore Frantisek Gaulieder to his seat. Four times, however, Prime Minister Meciar's coalition has boycotted their own Parliament rather than face the following dilemma: restore Gaulieder to his seat--consistent with the Constitutional Court's decision--and risk the chance that others will follow Gaulieder's example and defect from the Prime Minister's party, or vote down the Slovak Democratic Coalition's proposal to restore Gaulieder to his seat and confirm that whatever form of government exists in Slovakia, it is not constitutional democracy, at least not as we understand it. Sooner or later, the Slovak Parliament will reconvene. When it acts, or fails to act, on the Gaulieder question, we will know whether Slovakia is committed to becoming a functioning constitutional democracy. If it is not, what it will become is an isolated State under constant international pressure and scrutiny, cut off from a promising and prosperous future by the arrogance and greed of its own leaders. As Vladimir Meciar is asked in his weekly news show, what next, Mr. Prime Minister?

  • Slovakian Human Rights Issues

    Mr. President, I rise today to call to my colleagues' attention to human rights developments in Slovakia. These developments point Slovakia in the opposite direction from the road their neighbors have been traveling. Their neighbors accept western values and seek integration into western institutions, developments leading to individual freedom, political democracy, and economic prosperity in a free market system. In stark contrast, Slovakia is not in compliance with some important Helsinki process commitments and is showing signs of regression toward authoritarian, if not totalitarian relations between the state and its citizens.   This country, which showed so much promise upon gaining independence in 1993, has failed to press ahead with vitally needed democratic reforms, in contrast with so many other countries in the region, including other newly independent countries. While the Czech Republic, Hungary, and Poland have worked hard to qualify for EU membership and NATO accession, Slovakia has lagged behind. While states like Lithuania and Slovenia have emerged from repressive empires to bring prosperity and hope to their peoples, Slovakia has not. Even Romania, which has struggled profoundly with the transition from totalitarianism, has managed to undertake significant reforms in the past few months.   From the outset, members of the Helsinki Commission have supported the democratic transformation in Slovakia. We believe that a strong, democratic Slovakia will enhance stability and security in Europe. Unfortunately, human rights and democratization in Slovakia have taken a severe beating, both literally and figuratively, in recent months. The hopes raised by free and fair elections and by the passage of a democratic constitution have been dashed. Last month, I understand some officials in Bratislava criticized a congressional report on NATO enlargement and complained that the discussion of Slovakia's progress toward democracy was too superficial. Well, I will provide a little more detail for those who genuinely want to know what worries us here in Washington.   Parliamentary democracy in Slovakia took a bullet in late November, when parliamentarian Frantisek Gaulieder, after announcing his resignation from the ruling coalition's Movement for a Democratic Slovakia, was stripped of his parliamentary mandate through antidemocratic means that are unheard of anywhere else in Europe. His removal has been protested by the European Union and the United States at OSCE meetings in Vienna, but, so far, to no avail. Even more outrageously, there was a bomb attack against Mr. Gaulieder's home, while he and his family were present. This is a tactic that reminds me of the Communists, fascists, and other similarly bloody and ruthless groups.   The 1995 kidnaping of President Kovac's son is not only still unsolved, but the manner in which this matter has been investigated has fueled speculation that the government's own security forces were directly involved in this crime. The murder last year of Robert Remias, who may have had key evidence in this case, and the ineffectual investigation of that case has deepened these suspicions. Adding to this disturbing pattern, questions are already being raised about the official investigation of the December bomb attack on Frantisek Gaulieder's home: Mr. Gauliedier has reported that some of his testimony regarding the attack is missing from his police file, that the first investigator was removed after only 3 days on the case, and that the Slovak Minister of Interior has, shockingly, suggested that Mr. Gaulieder may have planted the bomb himself, the same `he-did-it-himself' story that no one believes regarding the kidnaping of Mr. Kovac, Jr. I am now informed that this investigation, like the Kovac and Remias cases, has been `closed for lack of evidence.' For a country supposedly seriously committed through its OSCE obligations to the establishment of a `rule of law' state, this is a damagingly poor performance.   In addition to these acts of violence, it has been reported that the President, the President's son, and members of the Constitutional Court have been subjected to death threats. In fact, in early December the Association of Slovak Judges characterized the anonymous, threatening letters addressed to Milan Cic, the Chair of the Slovak Constitutional Court, as an attack against the court as a whole and a means of political intimidation. It has also been reported that on February 24 an opposition political figure in Banska Bystrica, Miroslav Toman, was attacked by four assailants.   We see a country where politically motivated violence is on the increase, where public confidence in the government's intent to provide security for all Slovaks has plummeted, and where acts of violence and threats of violence have brought into question both the rule of law and the very foundations of democracy. The ruling coalition has continued to pursue an openly hostile agenda toward a free and independent media and free speech in general. During the course of the past year, two newspapers, Slovenska Republika and Naroda Obroda, have seen a total of 21 editors quit over alleged political interference with their work. Defamation suits launched by public officials appear to be a common vehicle for harassing one's political opponents. Most recently, on November 19, the government barred four journalists from attending a regular press conference after the weekly cabinet meeting because the journalists were believed to be unsympathetic to the government. Although this decision was ultimately rescinded after a public outcry, including a protest from the journalists' union, it was further evidence of the government's relentless efforts to curb any reporting it doesn't like. In fact, in one of the more shocking episodes of the battle for free speech in Slovakia, it has been reported that Vladimir Meciar, the Prime Minister of the country and, not insignificantly, a former boxer, warned journalist Dusan Valko just a few weeks ago that `I will punch you so that your own mother will not recognize you.' So much for Mr. Meciar's tolerance for other points of view and nonviolence.   The Slovak Government continues to pursue a minorities policy that would be laughable if it were not so wrong and harmful. This policy has included everything from banning the playing of non-Slovak national anthems last year to the more recent decision to bar the issuance of report cards in the Hungarian language, reversing long-standing practices. Such petty gestures are beneath the dignity of the Slovak people, whose heritage has survived more than a thousand years of foreign, and often markedly repressive, rule. The Slovak language and culture, now protected in an independent Slovakia, are not so weak that they can only flourish at the expense of others. More seriously, it should be noted that past repressive crackdowns on minorities, for example, in Cluj, Romania, and in Kosovo, Serbia, began by whittling away at the minority language opportunities that had traditionally been respected by the majority community. Accordingly, these seemingly small restrictions on the Hungarian minority in Slovakia may very well be the harbinger of more repressive tactics ahead. With this in mind, the failure of the Slovak parliament to adopt a comprehensive minority language law, and the recommendation of the Ministry of Culture that such a law is not even necessary, defy common sense. Current laws on minority-language use in Slovakia do not provide adequate or satisfactory guidance regarding the use of Hungarian for official purposes, as the recent report-card flap shows. Much harm can be done until a minority language law is passed based on a genuine accommodation between the majority and minority communities.   Finally, recent reductions in government-provided cultural subsidies have had a disproportionately negative effect on the Hungarian community. The Slovak Government's defense, that all ethnic groups have been equally disadvantaged by these cut-backs, is unpersuasive in light of the Culture Minister Hudec's stated intent to `revive' Slovak culture in ethnically mixed areas and to make cultural subsidies reflect that goal. While Hungarians suffer from a more direct form of government intolerance, other ethnic groups suffer more indirectly. Put another way, it is not so much government action which threatens Romani communities in Slovakia, it is government inaction. According to the most recent State Department report on Slovakia, skinhead violence against Roma is a serious and growing problem; three Roma were murdered as a result of hate crimes last year, and others have been severely injured. Some Roma leaders, in response to their government's inability or unwillingness to protect them, have called for the formation of self-defense units. Obviously, the Slovak Government is just not doing enough to address the deadly threats they face. Moreover, the repugnant anti-Roma statements that have repeatedly been made by Jan Slota, a member of the ruling coalition, have fostered this climate of hatred.   The fact that the Czech Republic, Germany, and other European countries also confront skinhead movements in no way relieves Slovakia of its responsibility to combat racism, just as Slovakia's skinhead problem does not relieve the other countries of their responsibilities. It is time and past time for Prime Minister Meciar to use his moral authority and political leadership to set Slovakia on the right course. He must make clear, once and for all, that Jan Slota, who also called the Hungarian minority `barbarian Asiatic hordes', is not his spokesman, and that the Slovak National Party's unreconstructed fascists do not represent the majority of the people of Slovakia.   Mr. President, the leadership of the Helsinki Commission, including my co-chairman, Representative Christopher H. Smith, and ranking members Senator Frank Lautenberg and Representative Steny Hoyer, have raised our concern about developments in Slovakia with Slovak officials on a number of occasions. Unfortunately, all we hear from the Slovak leadership is one excuse after another, and all we see is a search for one scapegoat after another: it's the Hungarians, it's the Czechs, it's the Ukrainian mafia, it's the hostile international community seeking to destroy Slovakia's good name, it's a public relations problem abroad, not real problems back home: in short, there is always somebody else to blame besides the people that are, in fact, running the country.   I don't mean to suggest that there have been no positive developments in Slovakia over the past 4 years. In fact, I have been especially heartened by the emergence of a genuine civil society that is increasingly willing to express its views on a broad range of issues. But positive initiatives by the Government have been too few and too far between. I make this statement today in the hope that the leadership in Bratislava will start to make real reforms, like their colleagues in Romania, and begin to restore the promising future that the people of Slovakia deserve. Their present policies are leading down a path toward international isolation, increasing criticism, and economic deprivation for their people. One Belarus is enough.

  • The Current Situation in Croatia

    This briefing addressed the political situation in Croatia in the context of impending elections for offices at the municipal and county levels, as well as for seats in the Chamber of Counties of the Croatian Sabor, that would be an important step in the process of reintegrating Easter Slavonia. Some issues that had been noted during past election monitoring operations, such as problems with the development of the independent media, a lack of transparency in the electoral system, and a tendency for decisions to favor the ruling party, were discussed. Witnesses testifying at the briefing – including Jonas Rolett of the National Democratic Institute; Vesna Pusic, a professor for the University of Zagreb; Milbert Shin of Human Rights Watch; and Nenad Porges, Deputy Chief of Mission for the Croatian Embassy – evaluated the opportunity for improvement in the elections, and the role that nongovernmental organizations like NDI and Human Rights Watch would play in this process. Several tactics for improving the electoral process in Croatia, including strengthening political parties and providing neutral, accessible information, were topics of discussion.

  • Treaty on Conventional Armed Forces in Europe (CFE)

    This briefing focused on the topics of European security and NATO enlargement, specifically in terms of the Treaty on Conventional Armed Forces in Europe. Elements of the treaty that remained especially important, including the goal of avoiding destabilizing concentrations of forces in Europe and the goal of creating greater transparency and promoting information exchange among governments in Europe, were discussed. Witnesses testifying at this briefing spoke to the need for amendments and changes to the CFE, but maintained the relevance of the treaty to international security. Different strategies for making these changes related to Russian pressure and NATO involvement were presented. 

  • Political Turmoil in Serbia

    In this hearing, Rep. Chris Smith (NJ-04) discussed, with witnesses, the developments in Serbia and what opposition forces had to say about the future of the country. Witnesses present included Miodrag Perisic, co-founder and vice president of Serbia’s first political opposition party (the Democratic Party); Branislav Canak, the president of a confederation of independent trade unions that wanted to organize workers throughout Serbia (the Independents); Veran Matic, Editor-In-Chief of B92, Belgrade’s independent radio station; and Obrad Kesic, program specialist for the Professional Media Program at the International Research and Exchanges Board. More specifically, Smith and witnesses discussed popular unrest against Milosevic’s refusal to accept election results regarding the ruling Socialist Party and its allies, underscoring more general displeasure with the Serbian government’s track record regarding the economy, human rights, and a lack of confidence that Serbians’ children would have a democratic and prosperous future.  

  • U.S. Statements on the Human Dimension, 1996 OSCE Vienna Review Conference and Lisbon Summit

    This compendium of statements illustrates the U.S. perspective that one of the key and distinguishing features of the OSCE is the interlocking framework of critical, politically binding commitments which provide a common set of principles to which all participating States can aspire. The OSCE draws its real strength and practical flexibility from participating states' commitments to the values of the original Helsinki Act, rather than from a legalized, treaty-based institutional structure. A fundamental strength of the OSCE is the review process, which provides a regular opportunity to assess a participating states' efforts to further the realization of the Helsinki Accords within its own borders, and in its relations with other OSCE states. The OSCE is increasingly a pillar of European security. By facilitating honest implementation review the OSCE can strengthen security links based on common values.

  • The Current Situation in Belarus

    This briefing evaluated the signs of serious deterioration in the political and economic situation as growing authoritarianism and repression of human rights that had become the subject of increasing concern both within and outside Belarus. The violation of Belarus' freely undertaken commitments under the OSCE in regards to basic rights and freedoms, freedom of expression, assembly, and association was also addressed. Witnesses testifying at the briefing – including Zyanon Paznyak, Chairman of the Belarus Popular Front; Jack Segal, Director of Ukrainian, Belarusian, and Moldovan Affairs for the State Department; Jan Zaprudnik, Former Editor of Radio Liberty, Belarus; and Antti Korkeakivi, CIS Legal Advisor for the Lawyers’ Committee for Human Rights – examined the role of President Lukashenko in the formation of the lawless regime in Belarus. Numerous violations of human rights were cited by all witnesses, and the role of Russian support for these types of policies was also discussed.

  • Hungary's Relations with her Neighbors

    Mr. Speaker, I want to bring to the attention of my colleagues the joint declaration adopted in Budapest on July 5 by representatives of the Hungarian Government and by representatives of Hungarian communities abroad- the so-called Hungarian-Hungarian summit declaration. The status of the various and sizable Hungarian minority communities in Romania, Slovakia, and Serbia are of considerable interest to many in Congress. How governments treat their minority communities is often a significant barometer of how they will treat their citizens as a whole, and a strong indicator of the progress of democratization in countries in transition. In fact, I remain concerned about the minority situation in each of these countries, and, as Chairman of the Helsinki Commission, have raised such concerns on a number of occasions.   Many hoped the Hungarian-Hungarian summit document would provide some useful insight into the concrete concerns of Hungarian minorities. Unfortunately, the summit document adopted in Budapest does not address the kind of specific and concrete issues that are usually raised with the Commission, such as minority language schooling or electoral districting. Instead, the declaration stands as a broad and somewhat ambiguous endorsement of `autonomy' and `self-government.' Those terms, guaranteed to alarm those already afraid of alleged Hungarian irredentism, were unfortunately left undefined, fostering the perception in some quarters that the declaration represents only a thinly veiled effort by Budapest to extend its influence beyond current Hungarian borders and, implicitly, to turn back the clock to the days when Hungarians were united in a single country.   I appreciate the Hungarian Embassy's willingness to clarify for the Commission the underlying intent of his declaration. In particular, the Embassy asserted that the word `autonomy' was in no way intended to signal `territorial autonomy.' I also believe the declaration's positive emphasis on the importance of the accession of all Hungary's neighbors into NATO and the European Union should not be overlooked and, indeed, is especially important in light of the recent congressional debate on NATO expansion. Nevertheless, I believe that the declaration, through the use of wording that is ambiguous at best and, at worst, predictably inflammatory, stands in contradiction to Hungary's stated goal of pursuing `good neighbor' policies. Surprisingly, Hungary implies that its goal of gaining admission to NATO and other European organizations should be dependent on `the fundamental interests of Hungarian national communities abroad'--a message that suggests a qualified interest in accession to NATO.   Finally, I must note that concerns about this declaration were only heightened by the statement of the Hungarian representative to the OSCE in Vienna, Ambassador Martin Krasznai. In defending the use of the word `autonomy,' Ambassador Krasznai presented the Basques, Catalans, and South-Tyroleans as positive examples of Europe's experience with autonomous movements. The irony of these particular references was probably not lost on the representatives of Italy or Spain--especially in the wake of the numerous terrorist bombings attributed to Basque separatists last month. Mr. Speaker, while a rare opportunity for discussion about real minority concerns may have been missed, I also see the Hungarian-Hungarian summit declaration as an aberration from the current government's usually constructive approach. I will continue to follow the situation of minority communities in central Europe and the inseparable issue of the progress of democratization in general. As I do so, I hope that Hungarian representatives will join with the Commission in seeking to promote democracy for all the citizens of all the countries of the OSCE.

  • Serbia and Montenegro: The Prospects for Change

    A staff delegation of the Commission on Security and Cooperation in Europe (Helsinki Commission) traveled to Serbia and Montenegro for one week in April 1996 to assess the situation in these republics in light of changes in the region resulting from the implementation of the Dayton Agreement and the end of the conflict in neighboring Bosnia-Herzegovina. In addition to meetings in the Federal and Serbian capital, Belgrade, and the Montenegrin capital Podgorica, the delegation traveled to Vojvodina, Kosovo and the Sandzak, where large non-Serb/Montenegrin populations reside. A seminar on refugees in the former Yugoslavia, held in Kotor, Montenegro, was also attended. The delegation met with federal, republic and regional officials, as well as representatives of independent media, opposition political parties, and human rights or humanitarian groups in each location. Upon the conclusion of their visit, the staff reported the delegation's findings and recommendations to the countries belonging to the Organization for Security and Cooperation in Europe (OSCE) and gave a public briefing immediately upon its return to Washington. Serbia's President, Slobodan Milosevic, has been viewed as largely responsible for the conflict associated with former Yugoslavia's demise, especially in Croatia and Bosnia-Herzegovina, and for un- democratic and ethnically intolerant conditions within Serbia itself. Montenegro, having some cultural af- finities with Serbia but also a desire for distinctness, is viewed as Serbia's reluctant accomplice, especially when the two proclaimed a new Federal Republic of Yugoslavia in 1992. The new, or "rump," Yugoslavia has largely been isolated by the international community as far as bilateral relations and multilateral activity. After almost four years of conflict in Bosnia-Herzegovina, however, the signing of the Dayton Agreement in December 1995 changed the regional environment in southcentral Europe significantly. Not only did the Agreement propose a settlement for Bosnia-Herzegovina, which is now being implemented, but it also created a more positive regional environment in which other problems plaguing the region might be resolved. Dayton could not have been achieved without the international community again working with the Serbian regime.

  • Albanian Parliamentary Elections

    Robert Hand, policy advisor at the Commission, addressed what he called the “most controversial elections held in recent times in [Eastern Europe]” and described his experiences observing Albania’s elections. Hand commented on the limited progress of the Albanian government since 1990 and specifically the corruption of the 1996 elections. The witnesses - Susan Atwood from the National Democratic Institute, Jim Swigert from Office of South the State Department, and Ambassador Dilja - spoke of their personal surprise at the elections and about the general confusion that surrounded them. Jim Swigert described his role in motivating members of the OSCE to observe the elections and take interest in Albania’s democratization.

  • The Albanian Parliamentary Elections

    The May 1996 parliamentary elections in Albania were the third such elections in that country, which beforehand had by far the most repressive communist regime. It has also been the poorest country in Europe. In March 1991, only four months after political pluralism was tolerated in the country, the commu- nists (Socialist Party) won a majority and maintained control, relying on a less than adequately free and fair electoral process and lingering support in the countryside. In March 1992, the opposition Democratic Party led by Sali Berisha was better able to get the message out to a still traumatized population, and took power as the Socialists conceded. Since that time, there have been incredible economic and political reforms, although since 1994 shortcomings in democratic development seem less the result of the lack of understanding of concepts like the rule of law than more the overbearing nature of the Democratic Party's core leadership, especially after splits within the party led to the departure of some of its earlier leaders. The Democrats received a significant setback in November 1994 when popular resentment led to the defeat in a referendum of a new constitution for the country. The situation is exacerbated by an only partly reformed Socialist opposition, which has been inclined more to obstruct and provocate than anything else. The elections were for 140 seats in the unicameral Assembly, 115 of them contested on the basis of majority races in electoral zones, with second-round runoffs, and 25 on the basis of a proportional division of parties achieving at least 4 percent of the vote. This gave the electorate two votes, one for a specific candidate and one for a political party. Members of several opposition parties complained that the greater preference given to the majority system favored the ruling party, or larger parties which would only include the Socialists. Democratic Party leaders argued that this is not necessarily the case, and that the majority system permits direct contact between a candidate and a constituency, thus strengthening democratic development. From the viewpoint of the election observer, either system or combination thereof is legiti- mate as long as it was approved through democratic means. A recently adopted law -- called the Genocide Law -- and a commission established to implement it had an impact on the eligibility for candidacy. The law prohibited those who "collaborated" with the com- munist regime from holding office until 2002. Given the severity of the repression during the communist era, it is not surprising that such a prohibition would be popular, but the commission which made the decisions was under government control and did not act in a transparent matter. Indeed, some opposition members called it unconstitutional because it was acting as a court when it was not. A total of 139 people were declared ineligible to compete in the elections, 57 of whom appealed decisions, seven successfully. Only three of the 139 people prohibited came from the ruling party, although it was claimed that the Democratic Party had told people who would probably also have been prohibited not to run as a candidate in the first place. The campaign period began in April, allowing a reasonable amount of time for political parties to get their message across. In fact, as these elections were required by the expiration of the mandate of the previously elected Assembly, the political parties were generally preparing for the elections months before- hand. The print media in Albania is almost all completely biased in favor of one party or another, allowing all points of view to be expressed but with little objective analysis available. The broadcast media is state controlled and had a definite but not overwhelming bias in its coverage of the campaign. However, the election law stipulated time frames for each political party in the campaign to present itself to the voters on television, and this was advantageous to the party in power. Many of the political parties campaigned by holding mass rallies. Opposition parties complained that the police in some towns prevented party leaders from traveling to attend rallies, and the Socialists were denied the ability to hold a final rally on the central (Skenderbeg) square of the capital city, Tirana, because it would disrupt traffic. A Democratic Party rally, on the other hand, was permitted because it was technically scheduled as an official address by Sali Berisha as the Albanian President.

  • Violence in Slovakia

    Mr. Speaker, I am alarmed by recent violence in Slovakia that may be part of a larger pattern of politically motivated violence. During the weekend of May 4-5, a device that may have been a hand-grenade exploded in front of the home of Bela Bugar. Mr. Bugar is not only a member of the Hungarian minority's opposition coalition, he is also, according to opinion polls, its most popular member. Shortly before that incident, Robert Remias, a former policeman who has been questioned in connection with the kidnaping of President Michal Kovac's son last year, died when his propane-fueled BMW exploded. Although it is not yet certain who is responsible for these acts, it is clear that violence coincides with politics in Slovakia at a suspiciously high rate. I also recall, for example, that Frantisek Miklosko, the opposition leader of the Christian Democratic Movement, was assaulted by unknown attackers near his home last August; Peter Toth, a journalist investigating the Kovac case, has also been assaulted; last April, a bomb went off in the car of Arpad Matejka, a member of the Prime Minister's party. The Helsinki Commission, which I chair, is no stranger to Slovakia. We were a close observer of developments there well before the breakup of the Czechoslovak Federation in 1992 and have issued two major reports on that country. Since last summer, I have been joined twice by Senator Alfonse D'Amato, the Commissions' cochairman, and the Commission's ranking minority members, Representative Steny H. Hoyer and Senator Frank Lautenberg, in sending letters to Slovak Ambassador Lichardus regarding continuing challenges to the democratization process in his country. Although the Commission has raised a number of serious concerns in these letters, we have, remained generally optimistic about developments in Slovakia. Last week, for example, I hosted a conference in New Jersey on business opportunities in Central Europe, where I discussed some of the positive economic changes in Slovakia that are creating new opportunities for Slovak society as a whole. I appreciate the willingness of the Slovak Parliament to consider the views of a number of international interlocutors regarding draft legislation and note the active and constructive role of the President and the Constitutional Court in guiding the passage of legislation consistent with democratic values and human rights norms. I commend Prime Minister Meciar for his decision last week to seek, in his words, a wider democratic discussion of the draft law on the protection of the Republic. Most of all, I have been greatly heartened by the increasing involvement of Slovak citizens in all areas of public life. The message sent by the most recent developments in Slovakia, therefore, is all the more discouraging. And that message is dangerous: take on a high political profile, and you are possibly a more visible--and more likely--target of violence. I welcome the May 9 statement of the Government of Slovakia condemning acts of violence and promising a thorough investigation of these matters. I believe it is particularly important that the death of Robert Remias be examined in an open and transparent manner, in a manner that makes information available to all those concerned with this case, and in a manner that will foster credibility in its results. Mr. Speaker, the Helsinki Commission will continue to follow closely developments in this case, and I expect to report further to this body as information becomes available.

  • Rebuilding Bosnia-Herzegovina: Strategies and the U.S. Role

    The Helsinki Commission addressed the status of the ongoing rehabilitation efforts in Bosnia-Herzegovina following the conclusion of the war that took place between 1992 and 1995. Amidst lasting tensions, the Commission emphasized the need for reconciliation and for civilians to actively participate in this process. The primary witness, J. Brian Atwood, administrator of the Agency for International Development, emphasized several goals for moving forward in Bosnia-Herzegovina such as addressing the issue of displaced persons by repairing housing infrastructure, encouraging economic activity through international cooperation with the central bank, and initiating elections under free and fair conditions. 

  • Russian Media in Light of Upcoming Elections

    This briefing examined the Russian media in light of the upcoming elections and also with reference towards Russia's obligations to permit and protect the free media in Russia in accordance to the Helsinki Final Act. The true state of the press in Russia and whether the Yeltsin regime is complying or even trying to comply with its internationally recognized obligations were topics of discussion. Witnesses testifying at the briefing – including Elena Masyuk, Reporter for NTV and Catherine Fitzpatrick, Program Coordinator of the Committee to Protect Journalists – illuminated the issues that journalists and the media in general had encountered in recent years, including government sponsored threats and deprivation of accreditation. The Committee to Protect Journalists, in particular, voiced its concerns about the restrictive and even deadly conditions in the Russian republic of Chechnya.

  • Report: US Helsinki Commission Delegation to Georgia and Azerbaijan

    From April 22-26, 1996, Commission staff attended, along with 30 media professionals, the International Conference on Conflict in Trans-Caucasus [sic] and the Role of Mass Media, held in Kobuleti, Ajaria (an Autonomous Republic in Georgia). The conferences organizers were the OSCE Office of Democratic Institu- tions and Human Rights (ODIHR), the OSCE Mission to Georgia, the Council of Europe and the Tbilisi-based Black Sea Press Information Agency. The project was co-sponsored by the U.S. Agency for International Development, through the Eurasia Foundation. Participants came from Baku, Tskhinvali (South Ossetia), Stepanakert (Nagorno-Karabakh), Tbilisi and Yerevan. Organized by the ODIHR as a follow-up to the 1995 Human Dimension Implementation Review Meeting in Warsaw, the conference was one in a series on the role of the media in conflict situations and in systems undergoing the transition from communism. The stated aim of these conferences is to develop aware- ness of and working recommendations for the journalists working in conflict regions on the role the media can play in preventing and resolving conflicts. A secondary goal is to give journalists from states or regions in conflict the opportunity to meet, discuss common problems and establish personal contacts to promote the exchange of information. Other scheduled conferences examine the role of the media in the former Yugoslavia (June 1996) and the situation of the media in Uzbekistan (October 1996). One important reason conference organizers chose Kobuleti was that Ajaria has managed to avoid the destruction and disruption visited upon the rest of Georgia in the last several years by ethnic conflicts and by gangs of marauding criminals associated with various paramilitary groups. Under the iron grip of Aslan Abashidze, the Chairman of Ajarias Supreme Soviet, Ajaria has been relatively calm, and has taken in refugees from Georgias ethnic-separatist conflicts in Abkhazia and South Ossetia. Since these conflicts are technically unre- solved, Tbilisi, the capital, would have been problematic for Abkhaz and South Ossetians, whereas Ajaria seemed a more neutral site.

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