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FIRST PERSON: UKRAINIAN PARLIAMENTARY ELECTIONS
Monday, July 29, 2019

By Alex Tiersky,
Senior Policy Advisor, Global Security and Political-Military Affairs

 

“Why aren’t you doing your job?!”

An unexpectedly tense early morning on July 21, 2019—Election Day in Ukraine: the polling station was more than 30 minutes late in opening. The shouted reprimand came from a voter, an older man who was one of several Kyiv residents who had been present and seeking to vote at this school in the center of the Ukrainian capital since well before 8:00 a.m., when the polls for the national parliamentary elections were supposed to open. His indignation was directed at the beleaguered leadership of the local polling station, who struggled to organize their work and follow the extensive procedures required to meet Ukrainian law and international best practices.

***

As an official election observer representing the OSCE Parliamentary Assembly, I was at the polling station to observe the extent to which those best practices were followed. With my capable interpreter Natalya beside me, and in partnership with my experienced observation team partner Latvian MP Aleksandrs Kiršteins, I had arrived days earlier on the invitation of the Ukrainian government for a series of preparatory briefings. On Election Day, we would follow a prescribed plan of observation as part of a larger team of more than 800 international observers spread across Ukraine (with the exception of illegally occupied Crimea, and the Donbas region under the occupation of Russian-controlled forces, where holding a free and fair election would be impossible).

***

The disorganized polling station was the first stop of the day for our team. While this was my first time serving as an election observer, I didn’t need the extensive and detailed procedural checklist and questionnaire provided by the OSCE to know that something was seriously amiss. My Latvian colleague confirmed, based on his extensive observation experience, that the situation was extremely unusual.

The key problem seemed to be that the leadership of the team responsible for proper running of the polling station (the chair and the secretary, among others), recently had been replaced and the newcomers had little experience with their assigned duties. It was clear that they had done precious little preparation to be able to effectively direct the work of their team on Election Day. We had been warned during the extensive pre-election briefings provided by the OSCE that many local election officials across Ukraine had been replaced. The experts were concerned that this loss of institutional memory had the potential to hamper the operations of local electoral bodies—a warning that, in our case, proved prescient.

At 8:45 a.m., a full 45 minutes after its scheduled opening time and to the relief of several increasingly agitated voters and local observers, the polling station finally began to process votes. Judging that tensions at the school building had de-escalated and the situation had achieved some normalcy, we dutifully finalized our observation—promptly reporting our findings to the OSCE election experts compiling statistics from other teams deployed across the country—and moved on to observe voting procedures at several other polling stations. Before leaving, given the challenges at the polling station, we resolved to return in the evening to observe closing procedures and the counting of the vote.

***

We spent much of the rest of the day visiting several polling stations in the west of Kyiv. Contrary to our first observation, all the other polling stations we visited were extremely well-organized, with experienced and well-functioning teams of officials ensuring an orderly and transparent voting process. The civic pride demonstrated by the election officials and voters in properly exercising their democratic choice was evident in each location we visited. We witnessed voters of all ages casting their ballots in serene conditions, which we learned from other observation teams was largely the norm across Ukraine that day.

***

As the afternoon turned to evening, it was time to return to our initial polling station to assess closing procedures and the start of the counting of ballots. With the station closing as planned at 8 p.m. on the dot, we were quietly hopeful that the morning’s problems had been resolved.

Our optimism quickly proved misguided. The election officials were even more poorly directed by their leadership than they had been in the early hours of the day. After two hours of inconclusive progress toward beginning a count of actual ballots, the procedures ground to a halt in a cloud of remonstrations among several hard-working poll workers and local observers on one hand, and the polling station’s leadership on the other. In what I understood to be an extremely unusual development, the majority of the poll workers essentially sidelined their grievously underperforming leadership on the spot in order to better organize themselves. At this point, we needed to return to our home base to report on our observation, leaving behind several other international and local observers to witness what surely would be a long and challenging night of tabulation of ballots.

***

As we returned to the hotel, I reflected on the day’s remarkable events. It struck me how counterintuitive some might find it that we had been allowed to witness the poor performance by the leadership of this particular polling station. After all, who wants to air their dirty laundry in front of international observers taking careful note of every discrepancy?

It was then, for the first time, that I truly understood the key purpose of our election observation mission. OSCE participating States like Ukraine make the choice to invite international observation missions to their elections precisely because only in providing full transparency can a fair judgment on the electoral process be made.

In other words, our observation and reporting of the procedural imperfections we witnessed only underlined the relatively excellent performance witnessed by observation teams in the vast majority of other polling stations across Ukraine. Only through the full transparency provided by impartial external observers using a standardized methodology can the people of Ukraine be sure that their electoral process, to the maximum extent possible, allows for the full and fair expression of their democratic choice.

I feel honored to have been able to play even a very small part in this extremely consequential democratic process, and to help an OSCE participating State hold itself accountable to its commitment to the rule of law. I am already looking forward to the next opportunity to serve as an election observer.

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Central Asian leaders make decisions in a region far from Western Europe, close to China, Iran and Afghanistan, and they often assert that “human rights are only for the West” or the building democracy “takes time.” But delaying steps towards democracy is very risky in the multi-ethnic, multi-religious region of Central Asia, where many people are highly educated and have expectations of faster change. If it does not come, tensions and conflicts could emerge that could endanger security for everyone. To lessen these risks, continuous pressure will be needed on these countries to move faster on democracy. Even as the United States pursues other interests, we should give top priority to democracy and respect for human rights, or we may live to regret not doing so.

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The resolution calls on Central Asian countries to come into compliance with OSCE commitments on democracy and human rights , and encourages the Administration to raise with other OSCE states the implications for OSCE participation of countries that engage in gross and uncorrected violation of freely accepted commitments on human rights . Mr. Speaker, I hope my colleagues will join me, Mr. Hoyer, and Mr. Forbes in this effort and we welcome their support.

  • Report on Georgia's Parliamentary Elections: October 1999

    On October 31, 1999, Georgia held its third parliamentary election since gaining independence in 1991. President Eduard Shevardnadze’s ruling party, the Citizens Union of Georgia, scored a convincing victory. According to the Central Election Commission, in the first round, the CUG won 41.85 percent of the party list voting, or 85 seats, along with 35 single districts. The opposition Batumi Alliance, led by Ajarian strongman Aslan Abashidze, came in second, with 25.65 percent of the vote and seven districts, gaining 51 seats. Industry Will Save Georgia was the only other party to break the sevenpercent threshold for parliamentary representation, managing 7.8 percent and 14 seats. In second-round voting on November 14, the CUG increased its lead, picking up ten more seats, and then won another two in a November 28 third round, for a total of 132. The Batumi Alliance’s final tally was 59. Overall, the CUG has an absolute majority in Georgia’s 235-seat legislature, improving on the position it held from 1995-1999. The outcome did not indicate how tense the race had been between the CUG and the leftist, proRussian Batumi Alliance. A win by the latter threatened to move Georgia into Russia’s orbit and away from market reforms. The election also offered a foretaste of next year’s presidential contest, when Abashidze runs against Shevardnazde. With such high stakes and relations so confrontational between the contending forces, charges of widespread fraud dogged the elections. Of the Central Election Commission’s 19 members, only 13 signed the document announcing the results. Nevertheless, OSCE’s observation mission called the first round of the election a “step towards” compliance with OSCE commitments, adding that most of the worst violations occurred in Ajaria. OSCE’s verdict after the November 14 second round was more critical, noting violence at some polling stations and vote rigging and intimidation at others. OSCE’s initial cautiously positive judgement, however, allowed Eduard Shevardnadze to claim that democratization is proceeding in Georgia and that the country’s admission to the Council of Europe was well deserved.

  • Ukraine on the Eve of Elections

    Mr. Speaker, Ukraine's presidential elections will be held in a little over a month, on October 31. These elections will be an important indicator in charting Ukraine's course over the next 4 years. The stakes are high. Will Ukraine continue to move, even if at a slow and inconsistent pace, in the direction of the supremacy of law over politics, a market economy, and integration with the Euro-Atlantic community? Or will Ukraine regress in the direction of the closed economic and political system that existed during Soviet times? Clearly, the outcome of the elections will have significant implications for United States policy toward Ukraine. Despite the many internal and external positive changes that have occurred in Ukraine since its independence in 1991, including progress in creating a democratic, tolerant society and the significant role played in the stability and security of Europe, Ukraine still has a long way to go in building a sustainable democracy underpinned by the rule of law. Specifically, Ukraine needs to improve its judiciary and criminal justice system, reduce bureaucratic arbitrariness and rid itself of the stifling menace of corruption. Indeed, corruption is exacting a huge toll on Ukrainian institutions, eroding confidence in government and support for economic reforms, and discouraging domestic and foreign investment. Mr. Speaker, I am concerned about reports of violations in the conduct of the election campaign, including in the signature-gathering process and inappropriate meddling by officials, especially on the local level. I am also troubled by governmental actions against the free media, including the recent seizure of bank accounts of STB independent television and the suspension of four independent television stations in Crimea. The harassment of the print and electronic media is inconsistent with OSCE commitments. It undermines Ukraine's overall positive reputation with respect to human rights and democracy, including its generally positive record in previous elections. The Helsinki Commission, which I chair, was in the forefront of supporting respect for human rights and self-determination in Ukraine during the dark days of Soviet rule. We have viewed, and still view, Ukraine's independence as a milestone in Europe's history. However, in order to consolidate its independence and reinforce internal cohesion, Ukraine needs to speed its transition to democracy and market economy. It needs to work toward greater compliance with OSCE standards and norms. The OSCE Office for Project Coordination in Ukraine can be a useful tool to assist Ukraine in this regard and I hope that the Ukrainian government will take advantage of and benefit from the OSCE presence. Despite frustrations with certain aspects of Ukraine's reality, it is important for both the Congress and the Executive Branch to continue to support an independent, democratic Ukraine, both in terms of policies designed to strengthen United States-Ukraine relations, as well as with assistance designed to genuinely strengthen democratic and free-market development. The key is to be patient, but persistent, in encouraging progress.

  • Report on Armenia's Parliamentary Elections

    On May 30, 1999, Armenia held its second parliamentary election since gaining independence. Twenty-one parties and blocs contested 56 seats set aside for party voting and over 700 individual candidates competed in 75 majoritarian races to fill the legislature’s 131 seats. According to official results, turnout was almost 56 percent. The big winner in the election was the Unity bloc, an alliance of the Republican Party, headed by Defense Minister Vazgen Sarkissian, and the People’s Party of Karen Demirchian, Armenia’s last Communist leader. OSCE observation missions had criticized Armenia’s parliamentary and presidential elections in 1995, 1996 and 1998, so Yerevan had to hold better elections to restore its damaged reputation. The May 30 election was also supposed to formalize the shift of power in early 1998, when the governing party—the Armenian National Movement (ANM)—collapsed as its leader, Levon Ter-Petrossyan, was forced out and Vazgen Sarkissian came openly to the fore. Though Armenia’'s May 30 election was a clear improvement over previous elections, concerns persist about overall political trends. Armenia is unique among former Soviet republics in that its president, despite broad constitutional prerogatives, is not the most powerful political actor. Vazgen Sarkissian, as Defense Minister, had already gained a remarkable hold on the military, the executive branch and even the legislature, while also heading a veterans’ organization that controls most local authorities. Such concentration of authority in the hands of one politician bodes ill for separation of powers and the development of civil society. Even more troubling, Sarkissian’s record does not inspire confidence in his commitment to democracy. He now has to overcome his reputation and manage his own transition to a democratic statesman. Following the lead of the OSCE, the U.S. State Department noted the improvements over past elections but emphasized the need for further progress to bring Armenia’s elections up to OSCE standards and raise public trust in the process. With the OSCE’s assessment having at least been better than in past elections, Yerevan can hope for the first official visit to Washington of President Kocharian this fall.  

  • Kazakstan's Parliamentary Elections

    The Helsinki Commission compiled a report on Kazakstan’s parliamentary election in 1999. It noted that the election did mark some forward movement; the registration of opposition political parties -- specifically the Republican People’s Party (RPP) and Azamat, along with the already registered Communist Party -- promised to give voters an opposition alternative on October 10 and to institutionalize the involvement of opposition parties in Kazakstan’s political life beyond the election. Other positive steps included the CEC’s lowering of the candidates’ deposit, the law’s provision for domestic observers and the sanctioned experiment with exit polling. The accreditation of over 2,500 non-partisan domestic observers throughout Kazakhstan was also a significant development. Even more important was an October 6 live, televised debate, which allowed voters to familiarize themselves with parties and candidates and gave some opposition figures who had not received free air time, such as Communist Party leader Serokbolsyn Abdildin, their only opportunity to campaign on television.

  • Uzbekistan's Litany of Violations

    Mr. Speaker, as Chairman of the Commission on Security and Cooperation in Europe, I rise today to highlight the persecution of religious believers in Uzbekistan. The problem is worsening by the day, as the crackdown continues under the guise of “anti-terrorism.” While there is some justifiable threat of terrorism, the widespread violations of rule of law and human rights perpetrated by authorities are not defensible, especially in light of Uzbekistan's OSCE commitments. Under President Islam Karimov, Uzbekistan has been the second most repressive former Soviet republic, next to Turkmenistan. Karimov has used new constitutions and referendums extending his tenure to remain in office, where he seems determined to stay indefinitely. In mid-1992, he cracked down on all opposition parties, driving them underground or into exile, and all opposition or independent media were eliminated. In Uzbekistan today, human rights are systemically violated. Arbitrary arrests, abuse and torture of detainees are pervasive, and flagrantly politicized judicial proceedings are routine. According to Human Rights Watch/Helsinki Watch, there are well over 200 individuals who are prisoners of conscience either for their religious or political activities. Defendants have been convicted of criminal offenses based on forced confessions and planted evidence. The regime has also refused to register independent human rights monitoring organizations (the Human Rights Society and the Independent Human Rights Society), while groups which cooperate closely with the government (Society for the Protection of the Rights of the Individual) have been registered without delay. On June 25, Uzbek police savagely beat Mikhail Ardzinov, one of the country's most prominent human rights activists. A key component of Uzbekistan's assault on human rights has been a thorough campaign against religious believers. Since 1997, hundreds of independent Muslim activists and believers associated with them have been arrested. In February of this year, bombs exploded in the capital, Tashkent, which killed sixteen bystanders and damaged government buildings, narrowly missing President Karimov and government officials. Karimov accused Muslim activists of having carried out a terrorist attack intended to assassinate him. The harassment and detention of Muslim activists has greatly intensified since then and an ongoing series of show trials had discredit them as dangerous religious extremists. Last month, six people were sentenced to death and another 16 received prison terms ranging from eight to 20 years in a trial that by no means met Western standards for due process. Since then, two arrested Muslims have died in prison, and there is no sign of a let up. President Karimov has argued that the threat of Islamic fundamentalism in Central Asia's most populous and traditional state necessitates a hard line, especially because Islamic radicals from neighboring Tajikistan, Afghanistan and Pakistan are determined to subvert Uzbekistan's secular, developing democracy. But the state's repressive policies are radicalizing Muslims and turning them against the regime. Non-Muslims faiths, particularly Christians, have also been subjected to harassment, imprisonment and violations of their religious liberty, especially those who share their faith and are actively meeting. According to Compass Direct, Ibrahim Yusupov, the leader of a Pentecostal church in Tashkent, was tried and sentenced last month to one year in prison on charges of conducting missionary activity. Another court in June sentenced Christian pastor Na'il Asanov to five years in prison on charges of possession of drugs and spreading extremist ideas. As with other cases mentioned below, witnesses attest that police planted a packet of drugs on Pastor Asanov and also severely beat him while he was in detention. Also in June, three members of the Full Gospel Church in Nukus were sentenced to long prison sentences. Pastor Rashid Turibayev received a 15-year sentence, while Parhad Yangibayev and Issed Tanishiev received 10-year sentences for “deceiving ordinary people” as well as possessing and using drugs. Their appeal was denied on July 13. Reports indicate that they have suffered severe beatings in prison, have been denied food and medical attention, and their personal possessions have been confiscated by the police, leaving their families destitute. Recently, the most senior Pentecostal leader in Uzbekistan, Bishop Leonty Lulkin, and two other church members were tried and sentenced on charges of illegally meeting. The sentence they received was a massive fine of 100 times the minimum monthly wage. The leaders of Baptist churches, Korean churches, the Jehovah's Witnesses, as well as many others, have also been subjected to harsh legal penalties. Although they have filed for registration, local authorities refused to sign their documents. Mr. Speaker, the State Department's report on Human Rights Practices for 1998 reported that the Uzbekistan law on religion “limits freedom of religion” with strict registration requirements which make it virtually impossible for smaller church organizations to gain legal status. The law passed in June 1998, “prohibits proselytizing, bans religious subjects in school curriculums, prohibits teaching of religious principles, forbids the wearing of religious clothing in public by anyone except clerics, and requires all religious groups and congregations to register or re-register.” Also approved last May was a second law establishing the penalties if one were convicted of violating any of the statutes on religious activities. The penalties can range anywhere from lengthy prison sentences, massive fines, and confiscation of property, to denial of official registration rights. On May 12 of this year, Uzbekistan tightened its Criminal Code, making participation in an unregistered religious group a criminal offense, punishable by a fine equivalent to fifty times the minimum monthly wage or imprisonment of up to three years. Mr. Speaker, these actions indicate that the policies of the Government of Uzbekistan toward religious groups are not moving in the right direction. In fact, these initiatives are in direct violation to Uzbekistan's OSCE commitments, including Article 16.3 of the Vienna Concluding Document which states that “the State will grant upon their request to communities of believers, practicing or prepared to practice their faith within the constitutional framework of their States, recognition of the status provided for them in the respective countries.” In the Copenhagen Concluding Document of 1990 Article 9.1, Uzbekistan has committed to “reaffirm that everyone will have the right to freedom of expression including the right to communication. This right will include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.” Uzbekistan's current course of strangling all forms of religious discourse is a flagrant, deliberate, and unrelenting violation of these principles. Last year Congress overwhelmingly passed the Religious Freedom Act of 1998 which reaffirmed the United States' commitment to supporting religious freedom abroad through U.S. foreign policy. Considering the litany of violations affecting religious liberty and the ongoing persecution of believers, it is time for Congress to consider our aid programs to Uzbekistan, including our military cooperation programs which cost about 33 million dollars in this year alone. Congress should also reconsider our trade relationship with Uzbekistan and scrutinize other programs such as Cooperative Threat Reduction where we can leverage our influence to help protect religious liberty and human rights.

  • Developments in Belarus

    Mr. Speaker, today marks the expiration of the term of office of authoritarian Belarusian President Alyaksandr Lukashenka under the 1994 Belarusian Constitution. To nobody's surprise, Mr. Lukashenka is not abandoning his office, having extended his term of office until 2001 using the vehicle of an illegitimate 1996 constitutional referendum.   Since Lukashenka was elected five years ago, Belarus has witnessed nothing but backsliding in the realm of human rights and democracy and a deterioration of the economic situation. 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. At the root of these violations lies the excessive power usurped by President Lukashenka since his election in 1994, especially following the illegitimate 1996 constitutional referendum, when he disbanded the Supreme Soviet and created a new legislature subordinate to his rule.   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. 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 Helsinki Commission, which I Chair, has extensively monitored and reported on the sad situation in Belarus, and has attempted to encourage positive change in that country through direct contacts with Belarusian officials, as well as through the Organization for Security and Cooperation in Europe. The OSCE Parliamentary Assembly meeting in St. Petersburg earlier this month overwhelmingly supported a resolution encouraging democratic change in Belarus, including the conduct of free and fair elections next year.   As Chairman of the U.S. delegation to the OSCE PA, I urged my fellow parliamentarians to join me in calling for the release of ex-Prime Minister Mikhail Chygir and the guarantee of free access to the media by opposition groups. In addition, I joined 125 delegates representing 37 of the 54 participating States in signing a statement which offered more harsh criticism of the political situation in Belarus, condemned the use of violence against Supreme Soviet members and representatives of the democratic opposition, and protested their detention.   Within the last few days, there appears to be some glimmer of hope in the gloomy Belarusian predicament. According to a July 17 joint statement by the OSCE PA ad hoc Working Group on Belarus and the OSCE Advisory and Monitoring Group (AMG) in Belarus: “The Belarusian President states his commitment to the holding of free, fair and recognizable parliamentary elections in Belarus next year, as well as his support for a national dialogue on elections to be held between the government and the opposition.” I agree with the Working Group and AMG's emphasis on the importance of “access to electronic media for all participants in the negotiations, and a political climate free of fear and politically motivated prosecution.” Mr. Speaker, while I welcome this statement, I remain guarded, given Mr. Lukashenka's track record. I very much look forward to its implementation by the Belarusian Government, which could be a positive step in reducing Belarus' isolation from the international community and the beginnings of a reversal in the human rights situation in that country.

  • The State of Human Rights and Democracy in Kazakhstan

    Commission Chairman Christopher Smith presided over a hearing on the status of democratization and human rights in Kazakhstan following the country's presidential election in January of 1999. The election, which saw the victory of incumbent presient Nursultan Nazarbayev, was strongly criticsed by the OSCE, which stated that it had fallen "far short" of meeting OSCE commitments. Ross Wilson, Principal Deputy to the Ambassador At-Large, noted that opposition figures were beaten, arrested, and convicted for attending political meetings. Independent media organizations were bought out, silenced, and in extreme cases firebombed by allies of President Nazarbayev. Finally, a new law barred candidates who had been conviced of administrative violations from running for president. Akezhan Kazhegeldin, former prime minister of Kazakhstan and leading opposition member in the election, noted in his testimony that he was barred from running in the election due to this law. Bolat Nurgaliev, Ambassador of Kazakhstan to the United States, acknowledged "imperfections" in the state of Kazakhstan's political system, but defended the legal and ethical credentials of the election. The hearing concluded by offering a set of recommendations calling for the abolition of laws restricting opposition members from running, improved anti-corruption legislation, and greater press freedom.      

  • Kazakhstan's Presidential Elections

    Mr. Speaker, I rise today to bring to the attention of my colleagues concerns about the general prospects for democratization in Kazakstan, considering the disturbing news about the presidential elections in that country earlier this year. On January 10, 1999, Kazakstan held presidential elections, almost two years ahead of schedule. Incumbent President Nursultan Nazarbaev ran against three contenders, in the country's first nominally contested election. According to official results, Nazarbaev retained his office, garnering 81.7 percent of the vote. Communist Party leader Serokbolsyn Abdildin won 12 percent, Gani Kasymov 4.7 percent and Engels Gabbasov 0.7 percent. The Central Election Commission reported over 86 percent of eligible voters turned out to cast ballots. Behind these facts, and, by the way, none of the officially announced figures should be taken at face value, is a sobering story. Nazarbaev's victory was no surprise: the entire election was carefully orchestrated and the only real issue was whether his official vote tally would be in the 90s, typical for post-Soviet Central Asia dictatorships, or lower, which would have signaled some sensitivity to Western and OSCE sensibilities. Any suspense the election might have offered vanished when the Supreme Court in November upheld a lower court ruling barring the candidacy of Nazarbaev's sole possible challenger, former Prime Minister Akezhan Kazhegeldin, on whom many opposition activists have focused their hopes. The formal reason for his exclusion was both trivial and symptomatic: in October, Kazhegeldin had spoken at a meeting of an unregistered organization called “For Free Elections.” Addressing an unregistered organization is illegal in Kazakstan, and a presidential decree of May 1998 stipulated that individuals convicted of any crime or fined for administrative transgressions could not run for office for a year. Of course, the snap election and the presidential decree deprived any real or potential challengers of the opportunity to organize a campaign. More important, most observers saw the decision as an indication of Nazarbaev's concerns about Kazakhstan's economic decline and his fears of running for reelection in 2000, when the situation will presumably be even much worse. Another reason to hold elections now was anxiety about uncertainties in Russia, where a new president, with whom Nazarbaev does not have long-established relations, will be elected in 2000 and may adopt a more aggressive attitude towards Kazakhstan than has Boris Yeltsin. The exclusion of would-be candidates, along with the snap nature of the election, intimidation of voters, the ongoing attack on independent media and restrictions on freedom of assembly, moved the OSCE's Office for Democratic Institutions and Human Rights (ODIHR) to urge the election's postponement, as conditions for holding free and fair elections did not exist. Ultimately, ODIHR refused to send a full-fledged observer delegation, as it generally does, to monitor an election. Instead, ODIHR dispatched to Kazakhstan a small mission to follow and report on the process. The mission's assessment concluded that Kazakhstan's “election process fell far short of the standards to which the Republic of Kazakhstan has committed itself as an OSCE participating State.” That is an unusually strong statement for ODIHR. Until the mid-1900s, even though President Nazarbaev dissolved two parliaments, tailored constitutions to his liking and was single- mindedly accumulating power, Kazakhstan still seemed a relatively reformist country, where various political parties could function and the media enjoyed some freedom. Moreover, considering the even more authoritarian regimes of Uzbekistan and Turkmenistan and the war and chaos in Tajikistan, Kazakhstan benefited by comparison. In the last few years, however, the nature of Nazarbaev's regime has become ever more apparent. He has over the last decade concentrated all power in his hands, subordinating to himself all other branches and institutions of government. His determination to remain in office indefinitely, which could have been inferred by his actions, became explicit during the campaign, when he told a crowd, “I would like to remain your president for the rest of my life.'' Not coincidentally, a constitutional amendment passed in early October conveniently removed the age limit of 65. Moreover, since 1996, Kazakhstan's authorities have co-opted, bought or crushed any independent media, effectively restoring censorship in the country. A crackdown on political parties and movements has accompanied the assault on the media, bringing Kazakhstan's overall level of repression closer to that of Uzbekistan and severely damaging Nazarbaev's reputation. Despite significant U.S. strategic and economic interests in Kazakhstan, especially oil and pipeline issues, the State Department issued a series of critical statements after the announcement last October of pre-term elections. In fact, on November 23, Vice President Gore called President Nazarbaev to voice U.S. concerns about the election. The next day, the Supreme Court, which Nazarbaev controls completely, finally excluded Kazhegeldin. On January 12, the State Department echoed the ODIHR's harsh assessment of the election, adding that it had “cast a shadow on bilateral relations.” What's ahead? Probably more of the same. Parliamentary elections are expected in late 1999, although they may be held before schedule or put off another year. A new political party has been created as a vehicle for President Nazarbaev to tighten his grip on the legislature. Surprisingly, the Ministry of Justice on March 1 registered the Republican People's Party, headed by Akezhan Kazhegeldin, as well as another opposition party, probably in response to Western and especially American pressure. But even if they are allowed to compete for seats on an equal basis and even win some representation, parliament is sure to remain a very junior partner to the all-powerful executive. Mr. Speaker, Kazakhstan's relative liberalism in the early 1990s had induced Central Asia watchers to hope that Uzbek and Turkmen-style repression was not inevitable for all countries in the region. Alas, the trends in Kazakhstan point the other way: Nursultan Nazarbaev is heading in the direction of his dictatorial counterparts in Tashkent and Ashgabat. He is clearly resolved to be president for life, to prevent any institutions or individuals from challenging his grip on power and to make sure that the trappings of democracy he has permitted remain just that. The Helsinki Commission, which I chair, plans to hold hearings on the situation in Kazakhstan and Central Asia to discuss what options the United States has to convey the Congress' disappointment and to encourage developments in Kazakhstan and the region toward genuine democratization.

  • The Serbia and Montenegro Democracy Act of 1999

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

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