Title

Turkey: What Can We Expect After the November 3 Election?

Thursday, November 14, 2002
10:00am
2200 Rayburn House Office Building
Washington, DC 20515
United States
Official Transcript: 
Moderator(s): 
Name: 
Donald Kursch
Title Text: 
Senior Advisor
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Abdullah Akyuz
Title: 
President
Body: 
Turkish Industrialist and Businessmen's Association
Name: 
Sanar Yurdatapan
Title: 
Activist
Body: 
Musician and Freedom of Expression
Name: 
Jonathan Sugden
Title: 
Turkey Researcher
Body: 
Human Rights Watch

This briefing addressed the November 3 elections, which were held during a rather turbulent time in Turkey. Turkey’s Justice and Development Party (AKP) led by Recep Tayyip Erdogan, a former mayor of Istanbul, won an unprecedented 34.27 percent of the votes in Turkey’s legislative election while the Republican People’s Party (CHP), led by Deniz Baykal, received 19.39 percent of the votes and won 178 seats in the next Parliament.

Witnesses testifying at this briefing – including Abdullah Akyuz, President of the Turkish Industrialist’s and Businessmen’s Association, U.S. Representative Office; Sanar Yurdatapan, Musician and Freedom of Expression Advocate; and Jonathan Sugden, Researcher for Turkey with Human Rights Watch – addressed the massive recession face by Turkey and the concern of another war with Iraq. The effect, if any, on the rise of Islamist parties in Turkish politics is yet another concern. All of this following the recent snub by the European Union regarding Turkish accession, and increasingly bleak prospects for a resolution of the Cyprus impasse.

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  • 1999: A Critical Year for Belarus

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

  • 1999: A Critical Year for Belarus

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

  • Bosnia, Croatia, Macedonia and Serbia: Electoral and Political Outlook for 1999

    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 is poor 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 Republika Srpska and the Bosnian Federation on said regions.  Paying attention to these differences, the state, is important in that the United States wants to support only those that successfully implement the Dayton Accords. 

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

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

  • WHITHER HUMAN RIGHTS IN RUSSIA?

    This hearing focused on the human rights situation in Russia. Russia is no longer an authoritarian dictatorship and civil liberties have improved. However, the decline in Russia’s recent economic fortunes has been accompanied by disturbing developments in the area of human rights and civil liberties. A religion law developed in 1977 has led to legal difficulties and complications for some religious organizations in their dealings with local authorities, most notably the declaration of Jehovah Witness as a “destructive sect.” Also recent cases of a crackdown on activist has led to Russia’s first political prisoner since the defunct Soviet Union with the arrest of the environmental whistleblower, Alexandr Nikitin.

  • The Milosevic Regime Versus Serbian Democracy and Balkan Stability

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

  • The Ombudsman in the OSCE: An American Perspective

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

  • 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

  • Report on Parliamentary and Municipal Elections in Montenegro

    On May 31, 1998, Montenegro held elections for the 78 seats in the republic’s parliament as well as for seats in the local councils of its 21 municipalities. These elections took place in a political environment marked by tension between Montenegro and Serbia, the only two of the six former Yugoslav republics which have established a new federal relationship. At issue was whether the Serbia-dominated federation created in 1992 and controlled by the authoritarian Yugoslav President Slobodan Milosevic would permit Montenegro to develop economically and politically on its own and, if not, whether Montenegro would make its own move toward outright independence. Milosevic seems unwilling to concede Montenegro’s de jure autonomy within the federation and would likely resort to some use of force to maintain control over what is, in fact, Serbia’s only access to the sea. Moreover, Montenegro’s relationship with Serbia is a divisive issue internally, pitting those ethnic Montenegrins with pro-Serb inclinations, especially in the north, against those who stress the republic’s distinctness from Serbia and are supported in their position by the sizable Bosniac (Muslim) and Albanian communities. Those favoring a close relationship with Serbia rallied around former Montenegrin President and current Yugoslav Prime Minister Momir Bulatovic, while those advocating a more independent course strongly supported the current President, Milo Djukanovic. Both came to power under the auspices of the former Communist party, now called the Democratic Party of Socialists, but Djukanovic was able to wrestle control of the party and oust his one-time mentor Bulatovic in presidential elections in 1997. Differences have been so strong in Montenegro in support of one or the other since that time that many predicted the parliamentary elections would be accompanied by civil violence. The elections were carried out in a relatively free and fair manner. The campaign period was marked by openness to differing points of view and a growing independent media. The results of the elections were clearer than anticipated, with the election coalition surrounding Djukanovic’s Democratic Party of Socialists winning 42 of the 78 seats compared to Bulatovic’s Socialist People’s Party, which won 29 seats.

  • Report on Elections in Bosnia-Herzegovina

    On September 12 and 13, 1998, elections were held in Bosnia-Herzegovina for offices ranging from the collective state presidency to several local counsils. These elections were the latest in what have been an angoign series of elections since the Dayton Agreement ended the Bosnian conflict in December 1995. Like those in 1996 and 1997, these elections were also administered by the Organization for Security and Cooperation in Europe (OSCE) through a Provisional Election Council (PEC). Continuous elections, if held in as free and fair a manner as possible, have been viewed by the international community as a means to bring stability and recovery to a country divided by extreme nationalist political leaders, particularly among the Serb population, many of whom remain in positions of power or influence. There were few of disruptions during the two days of voting. Unfortunately, in what were otherwise well administered elections, there were major, albeit unintentional, flaws in the OSCE-prepared voter registration lists, preventing or making it difficult for many citizens to vote and encouraging local suspicions of international manipulation. Nevertheless, international observers deployed by the OSCE concluded that the will of the people was generally reflected in the results. These results did not bring any major change in Bosnia's political leadership, which remains largely in the handes of political parties representing the three major ethnic groups - the Bosniacs, Serbs, and Croats. They did, however, continue the trend of previous elections in bringing greater diversity to Bosnian politics. Among the Bosniac population in the Bosnian Federation, the opposition which promoted a multi-ethnic Bosnian society did make some gains, while among Bosnian Croats there was an advance in the simple fact that some serious alternatives existed. In Republika Srpska, however, nationalist sentiment showed a resiliency which the international community found disappointing given the major effort over the past year to promote political moderation. This was especially reflected in the defeat of the incumbent President of Republika Srpska, Biljana Plavsic. Overall, the 1998 elections may represent one small but definite step toward eventual political reunification of Bosnia's two entities and social reintegration after the devastating conflict. On the other hand, such incremental change may be insufficient to counter the solidification of the country's division. It is uncertain whether time is working for, or against, Bosnia's future as state. The elections have made certain, however, that structural change in the electoral and even the political process - promoting a social consensus across ethnic lines - is now needed. Within the next year, the international community must work to see if the Bosnian people themselves are prepared for such a step.   

  • Deteriorating Religious Liberty in Europe

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

  • Deterioration of Religious Liberty in Europe

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

  • Report on Moldova's Parliamentary Elections

    On March 22, 1998, Moldova held its second multi-party elections to the 101-member parliament since achieving independence in August 1991. The Communist Party, which had been under legal prohibition until 1994, won just over 30 percent of the vote, translating into 40 seats out of 101. The results were a rejection by the voters of the previously powerful Agrarian Democrats, who did not cross the 4 percent threshold required for entry as a party into the new parliament. The election law required that a party/bloc or individual candidate garner 4% of the votes cast before being eligible for a seat in Parliament. Other big losers were the protocommunist Socialist-Unity bloc, which had taken second place in the 1994 parliamentary elections. There were no significant irregularities or major election law violations observed by Commission staff or reported by other Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCEPA) observers. A major exception to the OSCEPA judgment was the situation in Transdniestria “where neither candidates nor voters had even close to adequate conditions for exercising their civil rights.” The new Moldovan parliament opened its session on April 21, 1998.  Deputies are elected for a four year term.  

  • Belarus Opposition Leaders

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

  • Report on Armenia's Presidential Election

    On March 30, 1998, Armenians went to the polls to choose a president in a runoff between Robert Kocharian—Armenia’s Prime Minister, Acting President and former President of Nagorno-Karabakh—and Karen Demirchian, former Communist Party leader of Armenia. The election followed first round voting on March 16, in which none of the 12 candidates managed to win the necessary 50 percent of the ballot. According to Armenia’s Central Election Commission, in the second round, Kocharian won 59.48 percent to Demirchian’s 40.52 percent, to become Armenia’s second president. Reported turnout was 68.14 percent. After two flawed elections in 1995 and 1996, the March 1998 vote offered Armenia, under different leadership,  an opportunity to redeem its image as a democratizing state. Most observers concurred that the campaign was better than in earlier elections: no candidate was excluded from the race, there were no serious impediments to campaigning, and the candidates received their allotted air time. But the preliminary statement of the OSCE/ ODIHR observation mission, issued after the first round, emphasized violations and warned that the recurrence of such problems during the second round might place the election’s legitimacy in doubt. The Council of Europe and the CIS Parliamentary Assembly, however, gave the March 16 voting good grades and openly disputed the assessment of the OSCE/ODIHR. Armenian-American groups accused the OSCE/ODIHR of anti-Armenian bias, reflecting a purported tendency to pressure Armenia into accepting the OSCE’s allegedly pro-Azerbaijani proposals on Nagorno-Karabakh. Helsinki Commission monitoring of both rounds yielded a mixed picture. The most serious problem observed during first-round voting was disorganization in small polling stations swamped by large numbers of voters, and the vote count went well in a precinct where numerous violations took place in 1996. But the vote count observed during the second round featured blatant fraud: the ballot box was tampered with during the vote; extra ballots were present in the box in large and obvious packets; the vote count made no effort to distinguish valid from improper votes; the precinct committee was in direct contact with Kocharian headquarters throughout the count; and the precinct protocols were falsified to make the numbers add up—in the direct view of the foreign observers. All the falsified votes were for Kocharian, who was openly supported by most members of the precinct committee. At least one fifth —and maybe as many as half— of the votes counted in this precinct were false. Subsequently, at the district election level, the box containing the ballots’ detachable “coupons” (a mechanism designed to prevent fraud) arrived over an hour late with the lid ripped open.  Based on these observations, and the accounts of many ODIHR observers at their debriefing, there is reason to harbor grave doubts about the reliability of the officially-reported results.  

  • Repression and Violence in Kosovo and Hearing on Kosovo: The Humanitarian Perspective

    This hearing, chaired by Commissioner Alfonse D’Amato, discussed the dire circumstances in Kosovo, specifically Serbian repression of the Kosovar Albanian majority population. In this hearing, D’Amato called for the U.S. to step up and prevent another outbreak of ethnic cleansing and achieve a peaceful resolution to the crisis. More specifically, to facilitate a lasting peace, the Commissioner called on U.S. leadership to make Slobodan Milosevic believe that the world would not stand by while the atrocities in Kosovo and Serbia continued. In addition, any settlement reached between Milosevic and the Kosovo Albanian leadership, D’Amato, continued, must be respected and protect the human rights of all individuals in Kosovo, without preconditions. Witnesses in this hearing discussed these human rights violations and the predicament of the Kosovar Albanians.

  • Report on Ukraine's Parliamentary Election

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

  • Status of the Russian Religious Law

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

  • 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.

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