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Helsinki Commission Advisor Observes German Elections in Berlin
Friday, September 29, 2017

By Scott Rauland,
State Department Senior Advisor

On September 24, 2017, over 50 parliamentarians and staff from 25 countries fanned out across Germany as part of the OSCE Parliamentary Assembly (OSCE PA) team that was invited to observe German parliamentary elections.  This marked the first time that an OSCE PA Election Observation Mission (EOM) has deployed to Germany.  Although the OSCE PA does not have the resources to observe every election, the organization tries to be present in major elections that are politically important. I was pleased to represent the U.S. in that effort as the State Department’s Senior Advisor at the U.S. Helsinki Commission.

Members of the OSCE PA team were briefed by German government officials, representatives of the major political parties, political analysts, and other experts in the two days leading up to the election.  On election day, members of the OSCE PA observation mission visited over 300 polling stations in Berlin, Munich, Hamburg, Cologne and Duesseldorf, just a fraction of the more than 90,000 polling stations located in Germany in 299 constituencies. 

In a press conference held on September 25, George Tsereteli, the Special Coordinator for the EOM, noted, “Germany has once again demonstrated that its commitment to democracy is undiminished. Highly competitive and well-run, these elections were an opportunity for voters to express their choice in a process that benefits from and is based on broad trust among society.”  One sign of that trust was the almost complete absence of election observers from any of the participating political parties at the 14 polling stations my team visited in Berlin – all six major parties seemed to be relatively confident that the elections were being administered fairly.

While the OSCE PA team was in Germany at the invitation of the German government, and although the public has the right to observe the voting process in Germany, my observation team was denied access to one of the polling stations we had hoped to observe.  That incident was thankfully the exception amongst the 300 polling stations visited by the OSCE PA EOM, but was a reminder that efforts to promote transparency in the conduct of elections must be ongoing, even in countries where the commitment to democratic elections is high.

With more than 4,800 candidates running, and numerous strong political parties, Germany’s 61 million voters had a wide range of options to choose from. Women represented slightly less than 30 per cent of candidates, but played a prominent role in leadership positions in parties’ campaigns.

“This was the first time we’ve deployed a full observer team to Germany, and the welcome of our mission by all German officials and political parties that we met is a positive signal that the country is ready to pay continued attention to democratic processes,” said EOM Head of Mission Isabel Santos. “Changing political cultures in many countries and new challenges such as cyber attacks mean that we must all dedicate time and effort to preserving democratic systems.”

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  • Ukraine's Quest for Mature Statehood: Ukraine's Transition to a Stable Democracy

    Thank you for inviting me to participate in this conference on Ukraine 's Transition to a Stable Democracy. Media freedom is an especially important topic with the upcoming presidential elections in Ukraine , in what will be a defining year with respect to Ukraine 's democratic transition. Given the stakes, we should not be surprised by the fact that the powers-that-be have launched an all-out campaign to pressure the media.  Freedom of expression - and its corollary, freedom of the media - is one of the most basic human rights. It is vital to the development of civil society. Numerous OSCE agreements include various commitments on freedom of the media. These are agreements that Ukraine has voluntarily and freely committed to abide by as one of the 55 participating States of the OSCE.  The Helsinki Commission, whose mandate is to monitor and encourage compliance by the OSCE States with their OSCE agreements, has also maintained a strong interest in freedom of media in general and recognizes its importance in democratic development. As many of you know, the Commission has also maintained a strong interest in Ukraine and has, over the last several decades, been steadfast in encouraging Ukraine's independence. We are eager to have as an ally a democratic country where human rights are respected and the rule of law prevails.  We continue to maintain our strong interest and concern, especially with the critically important October 31 presidential elections. I am the original cosponsor of a House resolution, H.Con.Res. 415, introduced by Rep. Henry Hyde, the Chairman of the House International Relations Committee, calling on the Government of Ukraine to ensure a democratic, transparent, and fair election process for the presidential election. (This resolution, which was introduced by Commission Co-Chairman Sen. Campbell, has recently passed the Senate and will soon be taken up by the House.) The resolution outlines measures Ukrainian authorities need to take - consistent with their own laws and international agreements - to ensure an election process that enables all of the candidates to compete on a level playing field. The resolution specifically identifies violations to free media and urges unimpeded access by all parties and candidates to print, radio, television, and Internet media on a non-discriminatory basis.  Unfortunately, the situation with respect to the media in Ukraine in the run-up to the elections is discouraging. The election - apparently because of the clear-cut choice between current Prime Minister Yanukovich, and leader of the Our Ukraine democratic bloc Victor Yuschenko - seems to have frightened those who are now in power. It seems the ruling regime has decided to interfere in media election coverage at an unprecedented scale, presumably with the expectation that the interference will ensure their victory at the polls.  The OSCE recently assessed the media situation in the election campaign. They noted that overall, media pluralism is present in Ukraine - different views are represented and politicians of all ranks are regularly criticized - and in general the legal framework is satisfactory. On the other hand, according to OSCE and many other observers, "the one view dominating the airwaves is that of the government", due to an ownership structure closely connected to, or influenced by the current government. It is also due to the infamous so-called "temniki" or "secret instructions" to media from the presidential administration about what or what not to cover and how to cover it. The institutional framework of frequency allocation and licensing also allows for favoritism in the electronic media.  In short, the electronic media is heavily dominated by government and oligarchs, and the media tilts heavily towards Yanukovich, while casting Yuschenko in a negative light. The media is under attack:  * Since the beginning of this year, Ukrainian authorities have harassed, closed and filed lawsuits against numerous electronic and print media.  * Radio Liberty , an important source of objective information, and other radio stations such as Radio Kontynent have been either partially or totally taken off the air. Months of promises to various U.S. officials that Radio Liberty would be put back on the air have come to naught.  * Print runs have been permanently or temporarily stopped for several newspapers. Just a few days ago, authorities in the Kharkiv region temporarily confiscated 42,000 copies of the newspaper Without Censorship. Other media face politically motivated law suits.  * Volia cable, the leading cable television operator in Ukraine , (which carries the only channel which reports objectively on the democratic opposition - Channel 5) is experiencing severe pressure from the Prosecutor-General's office. Almost all cable companies that carry Channel 5 received a variety of threats and tax inspections, and some reportedly had cables "accidentally" cut.  * Reporters face harassment and censorship daily for their objective reporting.  Ladies and Gentlemen, equal access to media must be provided during the remainder of the presidential campaign and will be key in determining whether or not the presidential elections will be judged as free and fair by the OSCE and the international community. The elections will be a watershed for the future direction of that country. Ukraine has tremendous potential. Ukrainian authorities need to radically improve the election environment, including the media environment, if there is to be hope for these elections to meet OSCE standards.  In just two days, on September 16, we will mark the fourth anniversary of the killing of independent journalist Georgi Gongadze, who was exposing high-level corruption in Ukraine. His murder has been subject to numerous international protests, including statements, intercessions, and queries, by me and other Helsinki Commission members. Ladies and gentlemen, it is a case of a massive cover-up by high-level officials.  This is the fifth time that your conference is being held. The first took place four years ago just two days after Gongadze's disappearance. It was at that first conference that representatives of the Helsinki Commission and State Department first called for the Ukrainian government to investigate his disappearance. Four years later, the case remains unresolved. Ukrainian President Kuchma and a number of high-ranking officials have been implicated in his disappearance and the circumstances leading to his murder. The Ukrainian authorities' handling, or more accurately mishandling of this case, has been characterized by obfuscation and stonewalling, destruction of evidence, and the persecution and even death, in one instance, of those who tried to tell the truth about the case.  Tragically for Ukraine, the handling of this case has made a mockery of the rule of law. Not surprisingly, lack of transparency illustrated by the Gongadze case has fueled the debilitating problem of widespread corruption reaching the highest levels in Ukraine. A credible and transparent investigation of this case by Ukrainian authorities is long overdue and the perpetrators - no matter who they may be - need to be brought to justice. I hope that well before the sixth of your conferences, this case is resolved, as well as the cases of at least 18 other journalists in Ukraine who, according to Western media watchdog organizations, have died because of their work.  These journalists, including Mr. Gongadze, were exposing the massive problem of corruption and crime in Ukraine. One important issue intimately linked with corruption and crime worldwide - a global scourge to which Ukraine is by no means immune - is the trafficking of women and children. Each year, an estimated 600,000 to 800,000 girls, boys, women and men, including tens of thousands of Ukrainians, are bought and sold like chattel across international borders, many of them for brutal exploitation in the commercial sex industry. The plight of these individuals has touched many hearts and has led to a global movement to eradicate this form of modern-day slavery known as trafficking in human beings.  In November 2000, the Trafficking Victims Protection Act, which I authored, was enacted with broad, bi-partisan support. The Act provides a framework for combating trafficking through law enforcement, prevention programs, and assistance to those victimized. The Act mandated major changes in U.S. law, including severe penalties of up to life in prison for those who traffic in humans and treatment of the victims - mostly women and children - as victims of crime rather than criminals themselves. This past December, President Bush signed a reauthorization of the Act, which I also wrote, to expand and strengthen the U.S. response to this scourge.  Hundreds of thousands of Ukrainian women and children have been trafficked mostly to Europe and the Middle East over the course of the last decade, making it one of the largest source countries in Europe . It is also a major transit country. Ukraine has been designated in the most recent State Department report as a Tier II country (there are three tiers), meaning that the Ukrainian Government does not yet fully comply with minimum standards for the elimination of trafficking, but is making significant efforts to do so. I am pleased that our government, the OSCE and other international organizations and NGOs are devoting resources to combat this modern day slavery, but much more remains to be done. I encourage the Ukrainian Government to make further progress, and implement its Comprehensive Program to Combat Trafficking in Persons, better coordinate with law enforcement officials of destination countries, and fight government corruption.  By conducting free and fair elections, respecting media freedoms, including resolving the Gongadze case, and effectively tackling the scourge of trafficking, the Ukrainian authorities will go a long way in restoring the trust of the citizens of Ukraine and strengthening Ukraine's independence, democracy, sending a powerful signal of its readiness to join the Euro-Atlantic community of nations. I stand in solidarity with the Ukrainian people as they strive to achieve these important goals.

  • Background: OSCE Election Observation

    The United States has provided important leadership within the 55-nation Organization for Security and Cooperation in Europe (OSCE) in advancing democracy and human rights. In 1990, the U.S. and all OSCE participating States agreed by consensus to the Copenhagen Document, reaffirming principles to strengthen respect for fundamental freedoms, and inviting observers from other participating States to observe national elections. That same year, a U.S.-sponsored initiative led to the creation of the Office of Democratic Institutions and Human Rights (ODllR) as the OSCE's focal point for all election-related matters, including election observation, technical assistance, and the review of electoral legislation. Thus OSCE commitments require participating States, including the United States, to invite other participating States to observe their elections. Consistent with this commitment, the U.S. formally invited ODllR to send observers to elections in 1996, 1998 2000 and 2002. In 2002, ODllR deployed a team of 10 international observers to Florida and produced a largely positive report saying "measures adopted in Florida can serve as an example of good practice to the rest of the U.S. and other OSCE participating States." In 2003 ,two ODIHR observers came to observe the California gubernatorial recall election. Each year, the ODllR deploys thousands of observers to monitor elections throughout the OSCE region in order to assess participating States ' compliance with OSCE election-related commitments. At the parliamentary level, the OSCE Parliamentary Assembly has developed a particularly active program for monitoring elections. The United States has fielded thousands of American election observers in OSCE countries since the early 1990s as part of these missions. ODllR missions are funded from the core budget of the OSCE to which the U.S. contributes 9% annually. These funds cover expenses for ODllR experts and basic support of the mission and are not used to finance the participation of individual observers. Thus, election observation has become an integral part of U.S. efforts to advance democracy throughout the OSCE region. Consistent with its OSCE commitments and in keeping with customary practice, the United States Government - through the U. S. Mission to the OSCE in Vienna - extended an invitation for the ODllR to observe the U.S. elections in November. An ODllR assessment team was in Washington September 7- 10 and visited the Federal Election Commission, the U.S. Election Assistance Commission the Republican and Democratic National Committees, the International Republican Institute, the National Democratic Institute and relevant non-governmental organizations. An assessment report will be prepared with recommendations concerning whether or not to observe, if so where, and how many observers following their return to Warsaw, Poland. While most ODIHR election observation missions have been deployed to the countries of Eastern Europe and the former Soviet Union, elections in established democracies have also been observed. The latter have included France (2002 presidential), the United Kingdom (2003 devolved administrations of Scotland, Wales and Northern Ireland), and Spain (2004 parliamentary). In an unprecedented development, ODllR was invited to observe the 2004 elections to European Parliament in 25 OSCE participating States: Austria, Belgium, Cyprus Czech Republic, Denmark, Estonia, Finland, France Germany, Greece Hungary, Ireland, Italy, Latvia, Lithuania Luxembourg, Malta The Netherlands Poland, Portgal, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom. The only OSCE participating State to outright refuse to invite an election observation mission was Yugoslavia in 2000 under then-President Slobodan Milosevic. Prepared by the staff of the U.S. Commission on Security and Cooperation in Europe

  • OSCE Election Commitments Reaffirmed

    By Chadwick R. Gore CSCE Staff Advisor Representatives of the OSCE participating States and a variety of non-governmental organizations met in Vienna, Austria, July 15 and 16 for a Supplementary Human Dimension Meeting on Election Standards and Commitments.  The first of a multi-part process, the meeting was organized by the Office for Democratic Institutions and Human Rights in keeping with the December 2003 Maastricht Ministerial Council Decision on elections. That decision tasked the ODIHR “to consider ways to improve the effectiveness of its assistance to participating States in following up recommendations made in ODIHR election-observation reports and inform the Permanent Council on progress made in fulfilling th[e] task.” The decision also tasked “the Permanent Council, drawing on expertise from the ODIHR, to consider the need for additional commitments on elections, supplementing existing ones, and report to the next Ministerial Council.” The next Ministerial Council is scheduled for Sofia, Bulgaria, December 6 and 7, 2004. However, several days prior to the Vienna meeting, the Permanent Representative of the Russian Federation to the OSCE Permanent Council, Ambassador Alexey N. Borodavkin, delivered an intervention to the Permanent Council presenting a Declaration by some member States of the Commonwealth of Independent States (CIS) “regarding the state of affairs within the OSCE.”  The intervention presented a wide range of sharp criticisms of the OSCE, not the least of which was a supposed inability to “adapt itself to the demands of a changing world and ensure an effective solution of the problems of security and co-operation in the Euro-Atlantic area.” The Declaration went on to accuse the organization of interfering in internal affairs and failing to respect the sovereignty of States. The OSCE was also accused of applying double standards and failing to take into account the realities and specific features of individual countries. Then Borodavkin laid what many believed to be the groundwork for the approach of countries associated with the Declaration to the SHDM: These attitudes manifest themselves particularly in the work of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), which mainly deals with monitoring and assessment of election results in participating States. This work of the ODIHR is frequently politicized and does not take into account the specific features of individual countries. For that reason, we believe it necessary to draw up standard objective criteria for assessments by the ODIHR and OSCE missions of election processes throughout the OSCE area. Thus, as the attendees approached Vienna, many were expecting a classic stand-off between a group of former Soviet states, led by the Russian Federation, and at least the United States, if not many members of the European Union, over the role of election observation and the various commitments, especially provisions of the Copenhagen Document. Hints of Russian dissatisfaction with the OSCE’s democracy promotion activity can be traced back to a terse statement issued by the Ministry of Foreign Affairs of the Russian Federation on August 1, 2000, the 25th anniversary of the Helsinki Final Act.  “Attempts to turn it [OSCE] exclusively into an instrument of ‘democratizing’ individual states will only land the OSCE in an impasse. They are fraught with the danger of a retreat from the Helsinki principles and, in the end, the degradation of the Organization.  Opening remarks at the Vienna meeting were delivered by Ambassador Ivo Petrov, Chairman of the Permanent Council, and Ambassador Christian Strohal, Director of ODIHR. Strohal mentioned that there might be a need for new commitments to address future challenges regarding referenda, new technology and election standards from outside the OSCE. He thought there might be a need for additional commitments to further universal suffrage, increase transparency, enhance accountability of election and political authorities, and to maintain public confidence in the electoral process. Alexander Veshnyakov, Chairman of the Central Election Commission of the Russian Federation, gave the initial keynote speech. Those waiting to see if the Russian Federation would continue the line of attack started at the July 8 meeting of the PC were not disappointed. Mr. Veshnyakov quickly pointed out that electoral standards and commitments need to be added to converge “our ideas for the democratic process and help remove possibilities of double standards. The democratic process can be used for anti-democratic means.” He then proceeded to point out that the Copenhagen Document must be fleshed out and rights need to be promoted, agreements since Copenhagen have been diverse and detailed, and despite shortcomings, the OSCE must be given its due for applying these standards. Veshnykov cited the new “vector” in elections toward European-wide documents on standards in draft form in some twenty Central Election Commissions and that the adoption of the Code of Good Practice in Electoral Matters of the European Commission for Democracy through Law, also known as the Venice Commission, could be the source for a “Copenhagen II.” Interestingly he lamented the lack of a “binding character” to the existing commitments and felt that making them binding with sanctions for the failure could be useful to help develop common goals. The main complaint expressed was that each state should know precisely what has been agreed in such commitments: the current commitments are too vague, just a set of guidelines as opposed to standards, and thus have led to the development of double standards in both practice and election observation criteria. Jean-Pierre Kingsley, the Chief Electoral Officer of Canada, was the second keynote speaker. He addressed several issues of common concern, such as the role of the media, control of money, and public versus private concerns. He contrasted the fundamental tension as between egalitarians and libertarians. Three sessions were structured to address the key areas of ODIHR’s concerns to fulfill their Maastricht tasking: The OSCE/ODIHR 2003 Progress Report “Existing Commitments for Democratic Elections in OSCE Participating States”; implementation of existing OSCE commitments for democratic elections and follow up on OSCE/ODIHR recommendations; and, identification of possible areas for supplementing the existing OSCE commitments and potential need for additional commitments. Moderators of the sessions were Steven Wagenseil, First Deputy Director of the ODIHR and Patrick Merloe, Senior Associate and Director of Election Programs, National Democratic Institute for International Affairs. Introducers, who presented the core content of each session in their remarks, were: Mr. Merloe; Professor Christoph Grabenwarter, Substitute Member of the Council on Democratic Elections, Council of Europe; Pentii Väänänen, Deputy Secretary General, OSCE Parliamentary Assembly; Mr. Kingsley; Jessie Pilgrim, Legal Expert; and, Jeno Szep, Advisor, Association of Central and Eastern European Election Officials. The general thrust of each session was remarkably similar. It quickly became clear that there was a near consensus that while clarification of the details of a few of the existing commitments might be desirable, if not outright necessary, reopening the Copenhagen election commitments to debate was not necessary or desirable. Many delegations restated in various ways that those commitments, and those from all the other OSCE documents that have addressed elections, have created a body of obligations and guidance so fundamental and expansive that there is little new that can or ought to be added. Most interesting was the statement of the European Union that expressed the general opinion:  “If we really need to consider if new commitments are necessary, if so, where?” The European Commission addressed the issue, “We don’t need a Copenhagen II, but maybe a Copenhagen Plus.” However, a few speakers did mention specific areas of concern, and former Soviet states that are signatories to the aforementioned Declaration made comments of note. Mr. Merloe saw the possibility to enrich, reinforce and amplify the existing commitments might be forthcoming, possibly at Sofia. He reminded the meeting that those areas critical to all elections are: establishing public confidence in the electorate; establishing universal equal suffrage; transparency at all stages; and, accountability of all authorities. The opening statement from the U.S. Delegation reiterated these points, emphasizing that elections cannot be assessed solely by examining the technical aspects of voting, and transparency and accountability are absolutely essential components of democratic elections. Regarding the ODIHR election monitoring teams, the United States took the opportunity to underscore that: [T]he U.S. does not see ODIHR’s election monitoring efforts as “politicized,” but rather as objective and based upon standards set out in the OSCE commitments stipulated in the 1990 Copenhagen Document and the 1991 Moscow Document and reaffirmed in the Charter for European Security adopted at the Istanbul Summit.  Furthermore, the U.S. emphasized that ODIHR monitoring teams should not be seen as “interference in [a country’s] internal affairs,” but rather as an international resource, like the Election Assistance Commission that works domestically in the United States, which is available to countries that seek to improve public confidence in elections and uphold their OSCE commitments. NGOs from the Russian Federation, Belarus, Uzbekistan, Kyrgyzstan and Ukraine (note: all States that signed the CIS Declaration) uniformly complained that their governments fail to fulfill the existing OSCE commitments.  So why, they asked, would the OSCE need new commitments when governments fail to meet the existing ones? By contrast, the government representatives of Belarus, Uzbekistan, Tajikistan, Kazakhstan and Armenia (all signatories of the CIS Declaration) complained that the Copenhagen commitments were more like guidelines than standards.  Some said that the commitments should be obligatory instead of voluntary. Mr. Väänänen pointed out that often when returning to a country a few years after observing elections and providing recommendations for electoral improvements the same problems remain. The attitude of the state leadership and the nature of the problems found are the crux of the problem (numerous comments regarding the need for political will in follow up to observation missions’ recommendations were made throughout the meeting). Mr. Pilgrim discussed six issues of concern that need to be addressed. Public confidence is critical to the legitimacy of all elections. Electronic voting, which is becoming the norm, must produce a verifiable paper trail. Referenda or recounts must not be used to end or change a term of office as this practice is in direct conflict with the Copenhagen commitments. Observation is necessary to guarantee other criteria. Transparency includes public knowledge about the role of money, i.e. public disclosure of all funding and expenditures is necessary for public confidence. The protection of electoral rights – registration, party regulation, media access, etc. – while assumed, must be actively pursued. An extensive discussion regarding electronic voting was held. The distinction between voting on an electronic device, such as a touch-screen device, versus E-voting over the Internet was made by Dr. Szep. The need for the electronic device to produce an auditable paper trail seemed universally accepted as a basic standard for use of such systems. However, the German Delegation described the degree of public skepticism and lack of confidence in electronic devices, and “that is why we’re going to stay on paper.” The primary problem with E-voting seems to be the lack of public trust, but there is hope that in time, with the improvement of technology and security software, this will change. During the closing session, DeForest B. Soaries, Jr., Chairman of the U.S. Election Assistance Commission, expressed the general consensus of the meeting in the U.S. Delegation’s closing statement.  Reiterating that the United States remains as committed as ever to the OSCE commitments laid out in the 1990 Copenhagen Document and in subsequent OSCE documents, he made clear the openness of the United States to ideas on how the OSCE election commitments, and especially their implementation, can be improved. However, he said, there is no need to re-open the Copenhagen commitments as they provide the guidelines and benchmarks necessary to achieve democratic, free, and fair elections. Mr. Soaries pointed out that the OSCE does not yet have specific commitments related to the participation of internally displaced persons in electoral processes or concerning accountable, balanced, and impartial election administration, and a more systematic mechanism that might be considered for follow up to election observation missions’ recommendations. Interestingly, the comments from the representatives of countries associated with the Declaration were quite benign and agreeable at the end of the session, emphasizing the forward-looking nature of the meeting. Ambassador Strohal described the further steps in the process, noting that the ODIHR would be forthcoming with recommendations to the Permanent Council on any changes to the election standards and commitments in preparation for the Ministerial Meeting in Sofia in December.  The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Urging the Government of Ukraine to Ensure a Democratic, Transparent, and Fair Election Process for the Presidential Election on October 31, 2004

    Mr. President, I rise to urge passage of S. Con. Res. 106, a bipartisan resolution calling upon the Government of Ukraine to ensure a democratic, transparent and fair election process for the presidential elections scheduled to be held in late October. This resolution, by encouraging fair, open and transparent elections, is a concrete expression of the commitment of the U.S. Congress to the Ukrainian people. The resolution underscores that an election process and the establishment of a genuinely democratic political system consistent with Ukraine's freely undertaken OSCE commitments is a prerequisite for Ukraine's full integration into the Western community of nations as an equal member, including into NATO. The October elections will be vital in determining Ukraine's course for years to come. They present the Ukrainian authorities with a real opportunity to demonstrate their commitment to OSCE principles and values. As Co-Chairman of the Helsinki Commission, I would point out that Ukrainian President Leonid Kuchma recently cosigned a Declaration with Russia and leaders of several other independent former Soviet states criticizing the OSCE for focusing too much attention on human rights and democratization. While disappointing, this diatribe is not surprising given the fact that under President Kuchma's leadership, Ukraine's record in such as media freedoms, elections, the rule of law and corruption has moved in the wrong direction. It is up to the OSCE states, including Ukraine, to implement their freely undertaken OSCE commitments and to take corrective measures if necessary--something I hope the Ukrainian authorities will be mindful of in the run-up to the elections. Ukraine's pre-election environment has already been decidedly problematic and of great concern to the United States and the international community. The pending resolution, S. Con. Res. 106, focuses squarely on key problem areas, including increasing control and manipulation of the media and attempts by national authorities to limit access to international broadcasting, including Radio Liberty. Among other concerns are the serious obstacles to free assembly and a free and fair political campaign as well as substantial irregularities in several recent elections, most notably, the mayoral election held in April in the western Ukrainian city of Mukacheve. This election was marred by intimidation, violence, fraud and manipulation of the vote count, electoral disruptions and irregularities. According to the most recent report of the nonpartisan Ukrainian nongovernmental Committee of Voters of Ukraine: There was no improvement in the political environment in June compared to April and May. Instead, CVU observed an increase in the number of cases of government pressure on the opposition designed to impede their activities. Potential candidates did not enjoy equal access to the media. The level of criminal interference in the pre-election process remains very high, thus threatening free elections. GPO's PDF S. Con Res. 106 outlines those measures the Ukrainian authorities need to take--consistent with their own laws and international agreements--for a free, fair, open and transparent election process. The Ukrainian authorities at all levels, including the executive, legislative and judicial branches, need to ensure an election process that enables all of the candidates to compete on a level playing field. This includes the various ministries and agencies involved directly or indirectly in the elections process, as well as Ukraine's courts. Ukraine's October presidential elections should be a watershed for the future direction of that country of great potential. Ukrainian authorities need to radically improve the election environment if there is to be hope for these elections to meet OSCE standards. By doing so, they will go a long way in restoring the trust of the citizens of Ukraine and strengthening Ukraine's independence and democracy. Mr. FRIST. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, and that any statements relating to the resolution be printed in the Record. S. Con. Res. 106 Whereas the establishment of a democratic, transparent, and fair election process for the 2004 presidential election in Ukraine and of a genuinely democratic political system are prerequisites for that country's full integration into the Western community of nations as an equal member, including into organizations such as the North Atlantic Treaty Organization (NATO) Whereas the Government of Ukraine has accepted numerous specific commitments governing the conduct of elections as a participating State of the Organization for Security and Cooperation in Europe (OSCE), including provisions of the Copenhagen Document; Whereas the election on October 31, 2004, of Ukraine's next president will provide an unambiguous test of the extent of the Ukrainian authorities' commitment to implement these standards and build a democratic society based on free elections and the rule of law; Whereas this election takes place against the backdrop of previous elections that did not fully meet international standards and of disturbing trends in the current pre-election environment; Whereas it is the duty of government and public authorities at all levels to act in a manner consistent with all laws and regulations governing election procedures and to ensure free and fair elections throughout the entire country, including preventing activities aimed at undermining the free exercise of political rights; Whereas a genuinely free and fair election requires a period of political campaigning conducted in an environment in which neither administrative action nor violence, intimidation, or detention hinder the parties, political associations, and the candidates from presenting their views and qualifications to the citizenry, including organizing supporters, conducting public meetings and events throughout the country, and enjoying unimpeded access to television, radio, print, and Internet media on a non-discriminatory basis; Whereas a genuinely free and fair election requires that citizens be guaranteed the right and effective opportunity to exercise their civil and political rights, including the right to vote and the right to seek and acquire information upon which to make an informed vote, free from intimidation, undue influence, attempts at vote buying, threats of political retribution, or other forms of coercion by national or local authorities or others; Whereas a genuinely free and fair election requires government and public authorities to ensure that candidates and political parties enjoy equal treatment before the law and that government resources are not employed to the advantage of individual candidates or political parties; Whereas a genuinely free and fair election requires the full transparency of laws and regulations governing elections, multiparty representation on election commissions, and unobstructed access by candidates, political parties, and domestic and international observers to all election procedures, including voting and vote-counting in all areas of the country; Whereas increasing control and manipulation of the media by national and local officials and others acting at their behest raise grave concerns regarding the commitment of the Ukrainian authorities to free and fair elections; Whereas efforts by the national authorities to limit access to international broadcasting, including Radio Liberty and the Voice of America, represent an unacceptable infringement on the right of the Ukrainian people to independent information; Whereas efforts by national and local officials and others acting at their behest to impose obstacles to free assembly, free speech, and a free and fair political campaign have taken place in Donetsk, Sumy, and elsewhere in Ukraine without condemnation or remedial action by the Ukrainian Government; Whereas numerous substantial irregularities have taken place in recent Ukrainian parliamentary by-elections in the Donetsk region and in mayoral elections in Mukacheve, Romny, and Krasniy Luch; and Whereas the intimidation and violence during the April 18, 2004, mayoral election in Mukacheve, Ukraine, represent a deliberate attack on the democratic process: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That Congress— (1) acknowledges and welcomes the strong relationship formed between the United States and Ukraine since the restoration of Ukraine's independence in 1991; (2) recognizes that a precondition for the full integration of Ukraine into the Western community of nations, including as an equal member in institutions such as the North Atlantic Treaty Organization (NATO), is its establishment of a genuinely democratic political system; (3) expresses its strong and continuing support for the efforts of the Ukrainian people to establish a full democracy, the rule of law, and respect for human rights in Ukraine; (4) urges the Government of Ukraine to guarantee freedom of association and assembly, including the right of candidates, members of political parties, and others to freely assemble, to organize and conduct public events, and to exercise these and other rights free from intimidation or harassment by local or national officials or others acting at their behest; (5) urges the Government of Ukraine to meet its Organization for Security and Cooperation in Europe (OSCE) commitments on democratic elections and to address issues previously identified by the Office of Democratic Institutions and Human Rights (ODIHR) of the OSCE in its final reports on the 2002 parliamentary elections and the 1999 presidential elections, such as illegal interference by public authorities in the campaign and a high degree of bias in the media; (6) urges the Ukrainian authorities to ensure—   (A) the full transparency of election procedures before, during, and after the 2004 presidential elections; (B) free access for Ukrainian and international election observers; (C) multiparty representation on all election commissions; (D) unimpeded access by all parties and candidates to print, radio, television, and Internet media on a non-discriminatory basis; (E) freedom of candidates, members of opposition parties, and independent media organizations from intimidation or harassment by government officials at all levels via selective tax audits and other regulatory procedures, and in the case of media, license revocations and libel suits, among other measures; (F) a transparent process for complaint and appeals through electoral commissions and within the court system that provides timely and effective remedies; and (G) vigorous prosecution of any individual or organization responsible for violations of election laws or regulations, including the application of appropriate administrative or criminal penalties; (7) further calls upon the Government of Ukraine to guarantee election monitors from the ODIHR, other participating States of the OSCE, Ukrainian political parties, candidates' representatives, nongovernmental organizations, and other private institutions and organizations, both foreign and domestic, unobstructed access to all aspects of the election process, including unimpeded access to public campaign events, candidates, news media, voting, and post-election tabulation of results and processing of election challenges and complaints; and (8) pledges its enduring support and assistance to the Ukrainian people's establishment of a fully free and open democratic system, their creation of a prosperous free market economy, their establishment of a secure independence and freedom from coercion, and their country's assumption of its rightful place as a full and equal member of the Western community of democracies.

  • Urging the Government of Belarus to Ensure Democratic, Transparent, and Fair Election Process

    Mr. Speaker, I am a co-sponsor of H. Con. Res. 652 which urges the Government of Belarus to ensure a democratic, transparent, and fair election process for its parliamentary elections in October 2004. As the sponsor of the Belarus Democracy Act (H.R. 854), which has also been reported out by the International Relations Committee, it is important that the House call specific attention to these upcoming fall elections. Mr. Bereuter, in his capacity as Chairman of the House International Relations Subcommittee on Europe, has lent his support of the Belarus Democracy Act as well.   Belarus' poor track record with recent elections--which were judged as not meeting international democratic standards by the Organization for Security and Cooperation in Europe--and more broadly with the situation with respect to human rights and democracy in Belarus, underscore the need for this resolution. Belarus, under autocratic ruler Alexander Lukashenka, has the worst human rights record in Europe today. Repressions against members of the democratic opposition, non-governmental organizations, the independent media and independent trade unions have become commonplace. Independent thought and action are anathema to Lukashenka, who over the last 10 years has consolidated his power to an alarming extent.   Mr. Speaker, I hope that the Belarusian authorities will take this resolution seriously, as it provides them with a blueprint on what they need to do to have their elections conform with OSCE standards. Unfortunately, four benchmarks for free and fair elections established by the OSCE 4 years ago still not been met. Thus far, the pre-election environment has not been encouraging. Last month, three opposition parliamentarians staged an 18-day hunger strike demanding changes in the Election Code, which still includes several undemocratic provisions. The reform bill was overwhelmingly defeated by the Lukashenka-controlled parliament.   Belarusians still have no opportunity to receive independent viewpoints through broadcast media. Opposition access to the state media is virtually non-existent; rather the political opposition is often vilified. Just yesterday Lukashenka, talking about his hopes for a pro-government majority in the October elections, said: "I strongly hope that the people will make the right choice," and added that "the people will take a close look at traitors, black sheep ..... wolves in sheep's clothing, and we will help them if they don't." This is not a good harbinger for the elections--and the election campaign has not even begun!   Mr. Speaker, it is vital that we convey to the Belarusian authorities our call for a free, fair, open and transparent parliamentary election process consistent with Belarus' freely undertaken OSCE commitments. The long-suffering Belarusian people deserve no less.

  • Mass Murder of Roma at Auschwitz Sixty Years Ago

    Madam President, during World War II, some 23,000 Roma were sent to Auschwitz, mostly from Germany, Austria, and the occupied Czech lands. Sixty Years ago, on the night of August 2 and 3, the order was given to liquidate the “Gypsy Camp” at Auschwitz. Over the course of that night, 2,898 men, women, and children were put to death in the gas chambers. In all, an estimated 18,000 Roma died at Auschwitz-Birkenau.   During the intervening years, Aug. 2 and 3 have become days to remember the Porrajmos, the Romani word that means "the Devouring," and to mourn the Romani losses of the Holocaust.   As the U.S. Holocaust Memorial Museum has suggested, Roma are ``understudied victims'' of the Nazis. What we don't know about the Romani experiences during the war is far greater than what is known.   But we do know that the fate of the Roma varied from country to county, and depended on many factors. We know that, in addition to the atrocities in Auschwitz, thousands of Roma were gassed at Chelmno. We know that an estimated 90 percent of Croatia's Romani population--tens of thousands of people--was murdered. We know that approximately 25,000 Roma were deported by the Romanian regime to Transnistria in 1942, where some 19,000 of them perished there in unspeakable conditions. We know that in many places, such as Hungary, Roma were simply executed at the village edge and dumped into mass graves. We know that in Slovakia, Roma were put into forced labor camps, and that in France, Roma were kept in internment camps for fully a year after the war ended.   Still, far more research remains to be done in this field, especially with newly available archives like those from the Lety concentration camp in the Czech Republic. I commend the Holocaust Museum for the efforts it has made to shed light on this still dark corner of the past, and I welcome the work of nongovernmental organizations, such as the Budapest-based Roma Press Center, for collecting the memories of survivors.   I do not think I can overstate the consequences of the Porrajmos. Some scholars estimate that as many as half of Europe's Romani minority perished. For individuals, for families, and for surviving communities, those losses were devastating. Tragically, the post-war treatment of Roma compounded one set of injustices with others. Those who were most directly involved in developing the Nationalist-Socialist framework for the racial persecution of Roma--Robert Ritter and Eva Justin--were never brought to justice for their crimes and were allowed to continue their medical careers after the war. The investigative files on Ritter--including evidence regarding his role in the forced sterilization of Roma--were destroyed. German courts refused to recognize, until 1963, that the persecution of Roma based on their ethnic identity began at least as early as 1938. By the time of the 1963 ruling, many Romani survivors had already died.   During my years of service on the leadership of the Helsinki Commission, I have been struck by the tragic plight of Roma throughout the OSCE region. It is not surprising that, given the long history of their persecution, Roma continue to fight racism and discrimination today. I commend Slovakia for adopting comprehensive antidiscrimination legislation in May. As the OSCE participating states prepare for a major conference on racism, discrimination, and xenophobia, to be held in September, I hope they will be prepared to address the persistent manifestations of racism against Roma--manifestations that often carry echoes of the Holocaust.

  • Advancing Democracy in Albania

    Albania is expected to hold new parliamentary elections, and further reform is viewed as key to their success.  The country has faced tremendous challenges in its democratic development since emerging from harsh communist rule and self-imposed isolation in the early 1990s. Despite highly polarized politics and splits within the Socialist camp in particular, there has been renewed progress.  Albania, nevertheless, continues to face the difficult task, common to the region, of tackling organized crime and official corruption. The Albanian Government is making efforts, for example, to combat trafficking in persons, though it remains a source and a transit country for women and children who are sexually exploited or used as forced labor elsewhere in Europe.  Meanwhile, Albania has maintained strong bilateral ties with the United States and cooperated with the international response to past regional conflicts. The country is a strong supporter of the war on terrorism and works within the framework of the Adriatic Charter, a U.S. initiative that includes Macedonia and Croatia, in laying the groundwork for further European and Euro-Atlantic integration.

  • Commission Hearing Surveys Human Rights in Putin's Russia

    By John Finerty Staff Advisor The United States Helsinki Commission held a hearing on May 20, 2004 to review governance practices and human rights in the Russian Federation under President Vladimir Putin.  Witnesses focused on media independence, religious freedom, judicial procedures, xenophobia and anti-Semitism, and the war in Chechnya. Opening the hearing, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) expressed apprehension that President Putin was leading Russia in an authoritarian direction, increasingly reliant on Russia’s security apparatus and intelligence agencies to govern the country.  Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) also voiced his concerns, focusing on corruption in the Russian Government and abuses in the war in Chechnya. Deputy Assistant Secretary of State for European and Eurasian Affairs Steven Pifer stated that Russians enjoy freedom of travel and emigration, and an independent print media that engages in robust political debates; religious association and expression is generally free, and Russians have incorporated voting into their political practices. However, Pifer voiced concern with the Putin administration’s undue influence on judicial proceedings, state control or sway over the broadcast media, the pressuring of non-governmental organizations, anti-Semitism, abuses in the war in Chechnya, and the lack of a level electoral playing field for the political opposition. Ambassador Pifer cited the U.S. record of advocating democratization and human rights to the Russian leadership, while pursuing cooperation on mutual security interests such as the war on terrorism, arms control, counter-proliferation, and the resolution of regional conflicts. Gary Kasparov, former world chess champion and chairman of Committee 2008: Free Choice, presented a critical view of the Putin administration, lamenting the slide of the Russian Government into authoritarianism.  He described a variety of policies undertaken by the Putin administration that he viewed as backtracking from the democratic progress of the 1990s, including the curtailment of civil liberties and the flagrant abuse of human rights. Specifically, Kasparov described government influence over the broadcast media and manipulation of elections. The war in Chechnya had been sidelined as a topic of news discussion, he asserted, thus facilitating the concealment of wartime human rights abuses.  He also faulted the media for disregarding the ineptness of government responses to terrorist attacks. On elections, Kasparov characterized the December 2003 parliamentary polls as unfair, and predicted that President Putin would use parliamentary maneuvers to change the constitution and extend his term, perhaps indefinitely. Mr. Kasparov condemned Russian activities in the Chechen war and described how “hundreds of Chechens, if not thousands, are being interrogated, tortured and killed” by Russian soldiers. He called for the deployment of independent observers to monitor Russian behavior and promote observance of human rights.  As a final critique, Kasparov charged that Putin had stripped the judicial system of its independence and was using it to silence political opponents and critics, such as Mikhail Khordorkovsky and Igor Sutyagin. As for solutions, Kasparov highlighted his efforts to expose the corruption of the December 2003 elections through a lawsuit and public advocacy. He also urged the United States to use diplomatic means to leverage the Russian Government into democratic and civil liberties concessions. Edward Lozansky, president of Russia House and the American University in Moscow, offered a contrasting opinion, pointing to the successes of the Putin administration in taming the “oligarchs” and encouraging economic growth. He viewed state control of the broadcast media as less of a crisis, contending that free alternatives, such as print, electronic, and foreign media, provide the people with a variety of viewpoints. Ultimately, Dr. Lozansky argued, “President Putin enjoys overwhelming support of the Russian people” and that the Russian people “can freely express their opinions.” In closing, Lozansky suggested the United States should not undermine its relationship with Russia through unnecessary criticism, since bilateral cooperation between the nations remains essential in the war on terrorism, space exploration, energy, and the environment.  Engagement and dialogue, rather than condemnation, is paramount, he suggested. Reverend Igor Nikitin, president of the Association of Christian Churches in Russia, offered a mixed assessment of the status of religious liberty in Russia.  In northwest Russia and St. Petersburg particularly, religious tolerance is the norm.  In other regions, however, Protestant churches and other non-Orthodox denominations have experienced discrimination and bureaucratic malfeasance.  For instance, an unconstitutional requirement for churches to register their members – as opposed to merely the institution – is frequently enforced by local authorities, and a Moscow court has ordered the “liquidation” of the city’s community of Jehovah’s Witnesses.  Nikitin urged measures to educate Russian officials on the importance of religious freedom as a civil liberty. Nickolai Butkevich, Research and Advocacy Director of the Union of Councils for Jews in the Former Soviet Union, discussed the situation regarding xenophobia and the treatment of minorities in Russia. Mr. Butkevich noted that President Putin has made efforts at the national level to combat xenophobia, but that implementation of relevant directives is uneven at the local level. Some regions and cities have combated xenophobia and anti-Semitism, while other authorities have actively encouraged it. Mr. Butkevich described cases in Vladivostok, Voronezh, and other cities where individuals had been subject to abuse and local authorities reacted uncaringly or in collusion with perpetrators. In answer to a question posed by Chairman Smith on the disparity between the Russian Government’s public and international pronouncements that it will combat anti-Semitism and its failed implementation of such policies domestically, Butkevich blamed the disparity on a lack of prioritization by the central government.  Mr. Kasparov contended though that President Putin has done nothing to address anti-Semitism or quell xenophobia. Answering other questions on the attitudes of the United States and the West toward the Chechen situation, governmental corruption, and the judiciary, Dr. Lozansky replied that Russia is stabilizing under the pragmatic policies of President Putin and that the international community must engage the country on matters of mutual interest. The witnesses responded with divergent views as to whether Russia was moving toward autocracy.  While Kasparov made his case strongly that Russia was, Lozansky again insisted that it was not.  Mr. Butkevich suggested that Russia was “backsliding toward authoritarianism,” but that President Putin certainly retains popular support. Reverend Nikitin stressed that the next few years will determine whether Russia evolves toward civil and religious liberty or tsarist, oppressive governance reemerges. The United States Helsinki Commission, an independent agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission created in 1976, is composed of nine Senators, nine Representatives, and one official from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Colby Daughtry contributed to this article.

  • Georgia's "Rose Revolution"

    First, a “revolution” was possible in Georgia because during Eduard Shevardnadze’s tenure, opposition leaders, parties and society had developed leeway for action which did not exist elsewhere in the Caucasus, not to speak of Central Asia. Since the late 1980s, many parties and NGOs had emerged, as had relatively free media. Their freedom of maneuver and action, which translated into effective political influence, reflected Shevardnadze’s own relatively liberal attitudes, the weakness of the Georgian state— i.e., its inability to control and co-opt competing center of power and authority—and Georgians’ unruly national character. Moreover, international NGOs were deeply involved in Georgian events. Much press and analytical attention has been focused on the Open Society Institute of the Soros Foundation, which funded critically important groups like Georgia’s Liberty Institute, its leading human rights organization. Some Liberty Institute associates traveled to Serbia to study how Slobodan Milosevic had been ousted. Closely allied with 5 the Liberty Institute was the student movement Kmara [“Enough”], which mobilized opposition to vote fraud countrywide. These groups, urged on by opposition politicians, were determined not to let Shevardnadze and Georgia’s entrenched political groups steal the election. Second, the Georgian state, crippled by corruption, was extremely weak. The worst consequence of this weakness was that criminals and crooked officials did not worry about the possible penalties of breaking the law. But this weakness ultimately made possible November’s Rose Revolution by dissipating the state’s ability to resist better organized players. True, international organizations and foreign capitals were urging a peaceful resolution of the showdown and warning Shevardnadze—whom everyone expected to remain in office until 2005—that resorting to violence would end in disaster. But by November 2003, Shevardnadze could no longer command the state’s coercive apparatus; in the end, nobody was willing to act against crowds peacefully calling, first, for new elections and then for his resignation. Third, Georgia’s key opposition leaders were united. Unlike counterparts in Armenia and Azerbaijan, “Misha” Saakashvili, Zurab Zhvania and Nino Burjanadze were able to overcome their longstanding differences and competing ambitions to act together. While the latter two may have—as reported—trailed the former in his conviction that Shevardnadze had to go, they overcame their doubts and hung together until the final triumph. Saakashvili, for his part, has continued to collaborate with them after his inauguration and often restates his determination to keep doing so. Fourth, Georgia had Rustavi-2 TV, which powerfully shaped public opinion. In fact, the events in Georgia last November have demonstrated convincingly the power of independent—i.e., not state-controlled—television in former Soviet republics. It was a failed attempt by the state to pressure Rustavi-2 in November 2001 that produced the biggest public protest in Georgia before November 2003. At that time, thousands of demonstrators not only forced Shevardnadze to back down, he was compelled to dismiss his entire government. Not for nothing has the ruling elite in other former Soviet states contrived so consistently to keep TV in its own hands. If there is any downside to the influence Rustavi-2 wielded in Georgia, it is the strengthened conviction of repressive rulers elsewhere to prevent at all costs the emergence of analogous TV stations. Fifth, economic conditions in Georgia had been deteriorating for years, with no respite in sight. Over the last few years, residents of Baku and Yerevan have told Helsinki Commission staff that things were getting better, even if slightly, but in Tbilisi conditions had fallen steadily. A seemingly endless stream of winters without heat or electricity and little or no prospect of improvement sapped support for Shevardnadze. Desperate Georgians had concluded by November 2003 that almost anything was better than what they had, despite the uncertainties. Within Georgia, the Rose Revolution greatly accelerated the country’s scheduled political processes, resolving several fundamental problems and opening the door to new opportunities. In one stroke, a longanticipated political succession that was expected to feature a long winnowing process, tough negotiations and possibly violence among contending groups was eclipsed by a sustained manifestation of popular will. The Rose Revolution has had a major impact on the other countries of the former Soviet Union. First of all, it was an inspiring victory for democracy and even peaceful conflict resolution. While ruling elites have stolen elections throughout the former Soviet space, in Georgia a group of opposition leaders managed to unite and unify behind themselves large enough numbers of voters to thwart an attempted theft of the vote. No less important, they did so peacefully, settling the dispute between state and society without bloodshed. The Georgian events have created an important precedent and elsewhere have inspired frustrated opposition activists who followed Georgian events closely.

  • Report on The 2003 Presidential and Parliamentary Elections in Armenia

    In February and March 2003, Armenia held its fourth presidential election since independence. According to the official results, President Robert Kocharian won re-election in two rounds, defeating challenger Stepan Demirchian 67.4 percent to 33.5 percent. Despite the official tallies, Kocharian’s re-election was difficult. He failed to win over 50 percent of the vote in the February 19th first round, necessitating a runoff with Demirchian—the first time a sitting president in the Caucasus has been forced to a second round. The opposition organized large anti-Kocharian demonstrations in Yerevan before the first round. Some opposition leaders made threatening statements, warning, for example, of violence if Kocharian tried to rig the vote. Considering the opposition’s inability to rally around one candidate, Armenia’s record of poor elections and Kocharian’s hold on the state apparatus, his failure to win a first round victory was surprising. His agreement to participate in a runoff may have been a concession to widespread opposition sentiment and concern that claims of outright victory in an increasingly tense, polarized atmosphere might have led to major confrontations. Nevertheless, the authorities did not flinch during the second round. In the interim, some 200 opposition supporters were detained for participating in demonstrations. About 80 of them received prison terms, often in closed hearings without benefit of counsel. OSCE observers concluded that both rounds failed to meet international standards. State media displayed egregious favoritism towards the incumbent, on whose behalf state resources were used lavishly. Ballot stuffing, especially during the second round vote count, was rampant. The most positive feature of the elections was an unprecedented, live, televised debate between Kocharian and Demirchian before the second round. The election has cast a cloud on Kocharian’s legitimacy and deeply strained government-opposition relations. Armenia’s failure to hold a fair election has entrenched a pattern of vote fraud and has worrisome implications for the country’s democratization, as illustrated by the judgement of Kocharian’s powerful Defense Minister and campaign manager, Serzh Sarkissian: “People who have grown up and lived in Europe cannot understand our mentality. They have their rules and views on democracy, and we have ours.” Armenia’s Constitutional Court refused to annul Kocharian’s victory, but did cast doubt on his legitimacy by recommending a vote of confidence in the president. It was the first time a constitutional court in the former USSR did not routinely affirm official election results. Russia’s President Vladimir Putin was quick to congratulate Kocharian. Washington, however, echoed the OSCE/ODIHR view of the election. President Bush’s letter to Kocharian, sent after significant delay, did not contain the word “congratulations.”  A statement of the U.S. Delegation to the OSCE on May 29 expressed solidarity with the ODIHR assessment of Armenia’s parliamentary election: “The markedly mixed assessment of [the] elections is particularly disappointing considering the great progress Armenia has otherwise made over the past 11 years in building a modern society of which its people and government can be justly proud.” The United States called on Armenia to launch “swift action on the [ODIHR’s] recommendations” for electoral reform as “the best reaffirmation of the commitments that Armenia has made to the basic principles of democracy and fundamental human rights that OSCE represents.”

  • The 2003 Presidential and Parliamentary Elections in Armenia

    In February and March 2003, Armenia held its fourth presidential election since independence. According to the official results, President Robert Kocharian won re-election in two rounds, defeating challenger Stepan Demirchian 67.4 percent to 33.5 percent. OSCE observers concluded that both rounds failed to meet international standards. State media displayed egregious favoritism towards the incumbent, on whose behalf state resources were used lavishly. Ballot stuffing, especially during the second round vote count, was rampant. The most positive feature of the elections was an unprecedented, live, televised debate between Kocharian and Demirchian before the second round. Russia’s President Vladimir Putin was quick to congratulate Kocharian. Washington, however, echoed the OSCE/ODIHR view of the election. President Bush’s letter to Kocharian, sent after significant delay, did not contain the word “congratulations.”  

  • Helsinki Commission Briefing Sheds Light on Russia's Human Rights Situation

    By John Finerty CSCE Staff Advisor On June 7, 2004, the United States Helsinki Commission held a briefing with four prominent Russian human rights activists to examine the state of human rights and civil liberties in the Russian Federation.  Entitled “Russia: Are Rights in Retreat?,” the briefing covered such topics as elections, Chechnya, religious liberty, media freedom and the overall functioning of the legislative and judicial branches. The briefing was a follow up to the Commission’s May 20th hearing on “Human Rights in Putin’s Russia.” The briefing panel included Ludmilla Alexeeva, Chairwoman of the Moscow Helsinki Group and President of the International Helsinki Federation for Human Rights.  Other participants were Arseni Roginsky, Chairman of the International Memorial Society; Alexei Simonov, Head of the Glasnost Defense Fund; and Mara Polyakova, Director of the Independent Council for Legal Expertise. Commission Deputy Chief of Staff Ronald J. McNamara began the briefing with a moment of silence to honor the passing of President Ronald Reagan, a “stalwart supporter of freedom and human rights.” McNamara noted the timeliness of the briefing given Russian President Vladimir Putin’s U.S. visit to Sea Island, Georgia, for the G-8 Summit.  He stated that despite Putin’s claim that “nothing will stop Russia” in its quest for economic and democratic freedom, some of Putin’s comments in his State of the Federation address had raised concerns over the Kremlin’s commitment to promote civil society in Russia.  Putin’s accusations of NGOs seeking outside funding and not addressing serious issues were particularly troubling insofar as they may signal the beginning of a crackdown against NGOs in Russia.  Mr. McNamara also referenced the growing problem of “spy mania,” with potentially chilling implications for Russia’s academics and scientific community. Arseni Roginsky began his remarks by stating that the trend in Russia over the past few years has been marked by “the efforts of the powers-that-be to destroy the isolated islands of independence and democracy that still continue to exist in Russia.”  Specifically, Roginsky pointed to the new Russian law limiting public demonstrations and a new law on referenda.  In sentiments echoed by other panelists, he decried the emergence of “made-to-order” elections controlled almost exclusively by the Putin administration and moneyed interests. Ms. Alexeeva later reiterated the concern about the changes on referenda, noting that even if the requisite two million signatures can be garnered, under the new law she believes mid-level Russian bureaucrats will be able to stop indefinitely the progress of a referendum. While the Putin administration has been quick to point to the Russian Constitution and its promise of free speech, Roginsky and panelist Alexei Simonov both claimed that this de jure right does not exist in reality.  According to Simonov, while Russians may be legally entitled to say or print controversial statements, these sentiments are ignored by the powers-that-be. He contended that “[freedom of speech] means not only to shout out but to be heard.”  According to Simonov, there are only four independent-minded Russian magazines with a combined circulation of around 500,000. Smaller such newspapers exist as well, but the costs of protecting against defamation suits, which number more than 50 per month according to Simonov, make it increasingly hard for them to stay in business.  He also stated that most editorials in newspapers are written by what amount to essentially local bureaucrats; most newspapers rely on government or private funding, making them hardly free and independent.  Simonov estimates that only 10 to 15 percent of newspapers are self-sustaining. “Most of them take money from somewhere, and each has this special somewhere, but nobody wants to speak of these ‘somewheres,’” he concluded. Related to this issue is more direct government control over radio and television broadcasts which are the main source of information for most Russians. Ms. Alexeeva and other panelists asserted that “government-controlled media reported those campaigns [in 2003/2004] in an utterly biased way,” denying access to opposition candidates and giving the United Russia Party extensive coverage. Another common theme throughout the briefing was the lack of judicial independence or reform. Mr. Roginsky prefaced the topic by noting that “…the court system is under great influence of the nationalistic, patriotic ideology that is flourishing in Russia at this time.” He specifically spoke of a recent case involving four Russian soldiers who admitted to killing six Chechen civilians by mistake and then attempting to cover it up.  In Mr. Roginsky’s words, “The jury and the courts did state that indeed the murder had taken place; the people were killed. The people who were being tried were those who perpetrated the killing; however, they were not [found] guilty.” Mara Polyakova spoke extensively about judicial reform.  She admitted that new democratic laws are being passed which reflect democratic principles, but the mechanisms needed to implement these principles are often lacking or are thwarted.  She also stated that prisoners in Russia are tortured and that court records are still falsified.  “The judges are still dependent in spite of the fact that their independence was loudly proclaimed in the constitution and other laws, because the real power remains in the hands of the chairmen of the courts who are part of or prone to influence by the executive,” Polyakova said. Speaking specifically on the war in Chechnya, Roginsky described the large number of Chechen civilians abducted or kidnapped monthly, and the one-sided propaganda about the conflict emanating from the state-controlled media. However, Mr. Roginsky denied that the term “genocide” applies to the current Chechen situation (as opposed to the 1944 deportations), calling it instead state-sponsored terror.  In response to a question regarding cutbacks in U.S. assistance for democracy programs in Russia, Simonov said, “Americans do not quite correctly understand what is happening in Russia.  They seem to like the democratic record of the current Russian Government, and they seem to be taking this rhetoric as the truth.”  On a similar note, he later recommended that U.S. officials and international organizations should “never take at face value anything said by officials in Russia.” Mr. McNamara raised the religious freedom issue, specifically the labeling of non-Russian Orthodox groups as “non-traditional religions” and the court-ordered “liquidation” of the Jehovah’s Witnesses organization in Moscow, despite federal recognition.  Ms. Alexeeva responded by saying that it would appear the Russian Orthodox Church is striving to become a state religion as it once was.  The panelists were pessimistic about the chances of a successful appeal of the recent Moscow court decision against the Jehovah’s Witnesses, although Simonov suggested that any pressure from President Bush during the G-8 Summit might have an impact. Despite the comments of the panelists painting a fairly bleak picture of the state of civil and human rights in Russia, Ms. Alexeeva did caution that “if you look from the outside in, everything seems to be more frightening than when you are on the inside of that state. I don’t think the fascist system is being created in our country, and even less that it has already been created.” In closing the briefing, Mr. McNamara sought to put events in perspective by recalling that in November 1986 there were 700 known Soviet political prisoners and prisoners of conscience as well as tens of thousands of divided families in the U.S.S.R.  He noted that all of those prisoners had been released and many of those emigration cases resolved by January 19, 1989, President Reagan’s final day in office. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Nicholas Adams contributed to this article.

  • Unsolved Murder of Ukrainian Journalist Heorhiy Gongadze

    Mr. President, for nearly 4 years the case of murdered Ukrainian investigative journalist Heorhiy Gongadze has gone unsolved, despite repeated calls by the Helsinki Commission, the State Department, and the international community for a fair and impartial investigation into this case. As cochairman of the Helsinki Commission, I have met with Gongadze's widow and their young twin daughters. Besides the human tragedy of the case, the Gongadze murder is a case study of the Ukrainian authorities' utter contempt for the rule of law.   Gongadze, who was editor of the Ukrainian Internet news publication Ukrainska Pravda, which was critical of high-level corruption in Ukraine, disappeared in September 2000. His headless body was found in November of that year. That same month, audio recordings by a former member of the presidential security services surfaced that included excerpts of earlier conversations between Ukrainian President Kuchma and other senior officials discussing the desirability of Gongadze's elimination.   Earlier this week, Ukraine's Prosecutor General's office announced that Ihor Honcharov, a high-ranking police officer who claimed to have information on how Ministry of Internal Affairs officials carried out orders to abduct Gongadze, died of “spinal trauma” while in police custody last year. This came on the heels of an article in the British newspaper, The Independent, which obtained leaked confidential documents from Ukraine indicating repeated obstruction into the Gongadze case at the highest levels. Furthermore, just yesterday, Ukraine's Prosecutor General announced that investigators are questioning a suspect who has allegedly admitted to killing Gongadze.   Many close observers of the Ukrainian authorities' mishandling, obfuscation and evasiveness surrounding this case from the outset are suspicious with respect to this announcement. Just one of numerous examples of the Ukrainian authorities' obstruction of the case was the blocking of FBI experts from examining evidence gathered during the initial investigation in April 2002, after the Bureau had been invited by these authorities to advise and assist in the case and earlier had helped in identifying Gongadze's remains.   The Ukrainian parliament's committee investigating the murder has recommended criminal proceedings against President Kuchma. This committee's work has been thwarted at every turn over the course of the last several years by the top-ranking Ukrainian authorities.   A serious and credible investigation of this case is long overdue--one which brings to justice not only the perpetrators of this crime, but all those complicit in Gongadze's disappearance and murder, including President Kuchma.   Ukraine faces critically important presidential elections this October. Last month, I introduced a bipartisan resolution urging the Ukrainian Government to ensure a democratic, transparent and fair election process. Unfortunately, there have been serious problems in Ukraine's pre-election environment.   Ukraine can do much to demonstrate its commitment to democracy and the rule of law by conducting free and fair elections and fully and honestly investigating those who were behind the murder of Heorhiy Gongadze. The Ukrainian people deserve no less.  

  • Uzbekistan: Stifled Democracy, Human Rights in Decline

    The hearing will examine democratization and human rights in Uzbekistan in light of the impending decision by the Department of State whether to certify Uzbekistan to continue receiving U.S. assistance. Uzbekistan, an OSCE participating State since 1992, has been closely cooperating with the United States in the campaign against international terrorism.  There is a U.S. military base in Uzbekistan and Washington has stepped up assistance significantly since 2001.  The agreement on Strategic Partnership and Cooperation was signed by President Bush and President Karimov in March 2002. However, Uzbekistan’s human rights record has remained poor, impeding the further development of U.S.-Uzbek relations.  Late last year, the State Department decertified Uzbekistan for aid under the Cooperative Threat Reduction Program because it had not made progress toward ending police torture and other abuses.

  • Russia: Are Rights in Retreat?

    The Helsinki Commission briefing occurred in conjunction with Russian President Vladimir Putin’s visit to the United States to attend the G8 Summit and focused on the status of democratic progress, human rights, civil liberties, and press freedom in Russia since the collapse of the Soviet Union. The consequences of President Putin’s ascent to power and elements of his government determined to reverse Russia’s direction and institute more authoritarian policies were among several topics that were discussed. Four prominent Russian human rights activists – including Ludmilla Alexeeva, Chairwoman of the Moscow Helsinki Group, and President, International Helsinki Commission for Human Rights; Arseni Roginsky, Chairman of the International Memorial Society; Alexei Simonov, Head of the Glasnost Defense Foundation and Mara Polyakova, Director of the Independent Council for Legal Experts – gave their assessment of the human rights situation in Russia today, including specific cases of particular interest.

  • Presidential Elections Critical to Ukrainian Democracy

    Mr. President, as Co-Chairman of the Helsinki Commission, I submit today a resolution urging the Government of Ukraine to ensure a democratic, transparent and fair election process for the presidential elections scheduled to be held in late October. An identical resolution is being submitted by Chairman of the House International Relations Committee Henry Hyde and my colleague and Chairman of the Helsinki Commission, Representative Chris Smith. I am pleased to note that the Commission's Ranking Member, Mr. Dodd, and the Ranking Member of the Committee on Foreign Relations, Mr. Biden, are original cosponsors of the resolution.   The Helsinki Commission, which has long monitored and encouraged human rights, rule of law and democracy in Ukraine, continues to be a stalwart supporter of Ukraine's development as an independent, democratic and market-oriented state. There is a genuine desire in the United States for Ukraine to succeed in this process and for the long-suffering Ukrainian people to fully realize their dreams and aspirations. This resolution, by encouraging fair, open and transparent elections, is a concrete expression of the commitment of the U.S. Congress to the Ukrainian people.   The resolution underscores that an election process and the establishment of a genuinely democratic political system consistent with Ukraine's freely-undertaken OSCE commitments is a prerequisite for Ukraine's full integration into the Western community of nations as an equal member, including into NATO. The October elections will be vital in determining Ukraine's course for years to come and they present the Ukrainian authorities with a real opportunity to demonstrate their commitment to OSCE principles and values.   Unfortunately, Ukraine's pre-election environment has already been decidedly problematic and of increasing concern to the United States and the international community. During the course of this year I have shared specific concerns with Senate colleagues, particularly in terms of the media. The resolution submitted today focuses squarely on key problem areas, including increasing control and manipulation of the media and attempts by national authorities to limit access to international broadcasting, including Radio Liberty and Voice of America. Among other concerns are the blatant obstacles to free assembly and a free and fair political campaign as well as substantial irregularities in several recent elections.   An egregious example of how not to conduct elections was the mayoral election held two weeks ago in the western Ukrainian city of Mukacheve. This election was marred by intimidation, violence, fraud and manipulation of the vote count, electoral disruptions and irregularities. Despite strong evidence indicating that a candidate from the democratic opposition “Our Ukraine” bloc had won, the territorial elections commission announced as winner the candidate of a party led by the head of Presidential Administration, Viktor Medvedchuk. That some of the abuses and violence took place in front of OSCE observers, and that some of the victims of violence were members of the Ukrainian parliament, only underscores the brazenness of these actions. The outlandish conduct of the Mukacheve elections not only casts doubt over their outcome, but when coupled with other recent problematic elections, including in Constituency No. 61 in Donetsk, could be a barometer for the October presidential elections.   The resolution I submit today outlines those measures the Ukrainian authorities need to take--consistent with their own laws and international agreements--for a free, fair, open and transparent election process. The Ukrainian authorities at all levels, including the executive, legislative and judicial branches, need to ensure an election process that enables all of the candidates to compete on a level playing field. This includes the various institutions and agencies involved directly or indirectly in the elections process, such as the Central Election Commission, the Ministry of Internal Affairs, Procuracy, the State Security Service (SBU), Tax Administration, as well as the Constitutional and Supreme Courts.   Ukraine's October presidential elections should be a watershed for the future direction of that country of great potential. It is abundantly clear that a small clique have a vested interest in perpetuating the outmoded status quo. Ukrainian authorities need to radically improve the election environment if there is to be hope for these elections to meet OSCE standards. The question is whether their perceived self-interest will trump the interest of the people of Ukraine. Having restored the independence of their proud land, the Ukrainian people deserve an opportunity to overcome the legacy of the past, and consolidate democracy, human rights and the rule of law.   Mr. Campbell (for himself, Mr. Dodd, and Mr. Biden) submitted the following resolution; which was referred to the Committee on Foreign Relations:   S.Con.Res. 106   Whereas the establishment of a democratic, transparent, and fair election process for the 2004 presidential election in Ukraine and of a genuinely democratic political system are prerequisites for that country's full integration into the Western community of nations as an equal member, including into organizations such as the North Atlantic Treaty Organization (NATO);   Whereas the Government of Ukraine has accepted numerous specific commitments governing the conduct of elections as a participating State of the Organization for Security and Cooperation in Europe (OSCE), including provisions of the Copenhagen Document;   Whereas the election on October 31, 2004, of Ukraine's next president will provide an unambiguous test of the extent of the Ukrainian authorities' commitment to implement these standards and build a democratic society based on free elections and the rule of law;   Whereas this election takes place against the backdrop of previous elections that did not fully meet international standards and of disturbing trends in the current pre-election environment;   Whereas it is the duty of government and public authorities at all levels to act in a manner consistent with all laws and regulations governing election procedures and to ensure free and fair elections throughout the entire country, including preventing activities aimed at undermining the free exercise of political rights;   Whereas a genuinely free and fair election requires a period of political campaigning conducted in an environment in which neither administrative action nor violence, intimidation, or detention hinder the parties, political associations, and the candidates from presenting their views and qualifications to the citizenry, including organizing supporters, conducting public meetings and events throughout the country, and enjoying unimpeded access to television, radio, print, and Internet media on a non-discriminatory basis;   Whereas a genuinely free and fair election requires that citizens be guaranteed the right and effective opportunity to exercise their civil and political rights, including the right to vote and the right to seek and acquire information upon which to make an informed vote, free from intimidation, undue influence, attempts at vote buying, threats of political retribution, or other forms of coercion by national or local authorities or others;   Whereas a genuinely free and fair election requires government and public authorities to ensure that candidates and political parties enjoy equal treatment before the law and that government resources are not employed to the advantage of individual candidates or political parties;   Whereas a genuinely free and fair election requires the full transparency of laws and regulations governing elections, multiparty representation on election commissions, and unobstructed access by candidates, political parties, and domestic and international observers to all election procedures, including voting and vote-counting in all areas of the country;   Whereas increasing control and manipulation of the media by national and local officials and others acting at their behest raise grave concerns regarding the commitment of the Ukrainian authorities to free and fair elections;   Whereas efforts by the national authorities to limit access to international broadcasting, including Radio Liberty and the Voice of America, represent an unacceptable infringement on the right of the Ukrainian people to independent information;   Whereas efforts by national and local officials and others acting at their behest to impose obstacles to free assembly, free speech, and a free and fair political campaign have taken place in Donetsk, Sumy, and elsewhere in Ukraine without condemnation or remedial action by the Ukrainian Government;   Whereas numerous substantial irregularities have taken place in recent Ukrainian parliamentary by-elections in the Donetsk region and in mayoral elections in Mukacheve, Romny, and Krasniy Luch; and   Whereas the intimidation and violence during the April 18, 2004, mayoral election in Mukacheve, Ukraine, represent a deliberate attack on the democratic process: Now, therefore, be it   Resolved, That the Senate--   (1) acknowledges and welcomes the strong relationship formed between the United States and Ukraine since the restoration of Ukraine's independence in 1991;   (2) recognizes that a precondition for the full integration of Ukraine into the Western community of nations, including as an equal member in institutions such as the North Atlantic Treaty Organization (NATO), is its establishment of a genuinely democratic political system;   (3) expresses its strong and continuing support for the efforts of the Ukrainian people to establish a full democracy, the rule of law, and respect for human rights in Ukraine;   (4) urges the Government of Ukraine to guarantee freedom of association and assembly, including the right of candidates, members of political parties, and others to freely assemble, to organize and conduct public events, and to exercise these and other rights free from intimidation or harassment by local or national officials or others acting at their behest;   (5) urges the Government of Ukraine to meet its Organization for Security and Cooperation in Europe (OSCE) commitments on democratic elections and to address issues previously identified by the Office of Democratic Institutions and Human Rights (ODIHR) of the OSCE in its final reports on the 2002 parliamentary elections and the 1999 presidential elections, such as illegal interference by public authorities in the campaign and a high degree of bias in the media;   (6) urges the Ukrainian authorities to ensure--   (A) the full transparency of election procedures before, during, and after the 2004 presidential elections;   (B) free access for Ukrainian and international election observers;   (C) multiparty representation on all election commissions;   (D) unimpeded access by all parties and candidates to print, radio, television, and Internet media on a non-discriminatory basis;   (E) freedom of candidates, members of opposition parties, and independent media organizations from intimidation or harassment by government officials at all levels via selective tax audits and other regulatory procedures, and in the case of media, license revocations and libel suits, among other measures;   (F) a transparent process for complaint and appeals through electoral commissions and within the court system that provides timely and effective remedies; and   (G) vigorous prosecution of any individual or organization responsible for violations of election laws or regulations, including the application of appropriate administrative or criminal penalties;   (7) further calls upon the Government of Ukraine to guarantee election monitors from the ODIHR, other participating States of the OSCE, Ukrainian political parties, candidates' representatives, nongovernmental organizations, and other private institutions and organizations, both foreign and domestic, unobstructed access to all aspects of the election process, including unimpeded access to public campaign events, candidates, news media, voting, and post-election tabulation of results and processing of election challenges and complaints; and   (8) pledges its enduring support and assistance to the Ukrainian people's establishment of a fully free and open democratic system, their creation of a prosperous free market economy, their establishment of a secure independence and freedom from coercion, and their country's assumption of its rightful place as a full and equal member of the Western community of democracies.

  • Encouraging Democratic Elections in Ukraine

    Mr. Speaker, I'm pleased to join Rep. Hyde, Chairman of the International Relations Committee, in sponsoring an important resolution urging Ukraine to ensure a democratic, transparent, and fair election process for the upcoming presidential election. By urging the Ukrainian authorities to abide by their freely undertaken OSCE commitments on democratic elections, this resolution emphasizes our commitment to the Ukrainian people and the goal of Ukraine's integration into the Western community of nations.   As Chairman of the Helsinki Commission, I have been a steadfast supporter of human rights and democracy in Ukraine, and I value independent Ukraine's contribution to security and stability in Europe. The stakes in the upcoming elections are high, not only with respect to the outcome, but also as a fundamental indicator of Ukraine's democratic development.   Recent events have dramatically underscored the need for this clear statement of resolve to support a truly democratic process in Ukraine. The pre-election environment in Ukraine has been discouraging, with examples of obstacles to free assembly and free speech, the limiting of access to Radio Liberty, Voice of America and other international broadcasts, and substantial transgressions in recent parliamentary by-elections and mayoral elections.   Mr. Speaker, the most blatant of these took place just a few weeks ago in the city of Mukacheve. These elections witnessed violence, intimidation, fraud and other massive violations both of the electoral code and any standards of civilized human behavior. The mayoral elections have been roundly and rightly criticized by the United States, Europe, and the OSCE. Many observers fear that Mukacheve is a harbinger of things to come. As Chairman of the U.S. delegation to the OSCE Parliamentary Assembly, I join OSCE PA President Bruce George in calling upon Ukrainian President Kuchma to ensure a proper investigation of the violations which took place and to rectify the situation so that the will of the voters is realized.   Mr. Speaker, Ukraine remains at a crossroads. Developments with respect to democracy have been discouraging over the last few years. The elections represent a real chance for Ukraine to get back on the road to full respect for the tenets of democracy, human rights and the rule of law. The United States stands in solidarity with the people of Ukraine as they strive to achieve these essential goals.   Mr. Hyde (for himself, Mr. Smith, and Mr. Lantos) submitted the following resolution; which was referred to the International Relations Committee:   H.Con.Res. 415   Whereas the establishment of a democratic, transparent, and fair election process for the 2004 presidential election in Ukraine and of a genuinely democratic political system are prerequisites for that country's full integration into the Western community of nations as an equal member, including into organizations such as the North Atlantic Treaty Organization (NATO);   Whereas the Government of Ukraine has accepted numerous specific commitments governing the conduct of elections as a participating State of the Organization for Security and Cooperation in Europe (OSCE), including provisions of the Copenhagen Document;   Whereas the election on October 31, 2004, of Ukraine's next president will provide an unambiguous test of the extent of the Ukrainian authorities' commitment to implement these standards and build a democratic society based on free elections and the rule of law;   Whereas this election takes place against the backdrop of previous elections that did not fully meet international standards and of disturbing trends in the current pre-election environment;   Whereas it is the duty of government and public authorities at all levels to act in a manner consistent with all laws and regulations governing election procedures and to ensure free and fair elections throughout the entire country, including preventing activities aimed at undermining the free exercise of political rights;   Whereas a genuinely free and fair election requires a period of political campaigning conducted in an environment in which neither administrative action nor violence, intimidation, or detention hinder the parties, political associations, and the candidates from presenting their views and qualifications to the citizenry, including organizing supporters, conducting public meetings and events throughout the country, and enjoying unimpeded access to television, radio, print, and Internet media on a non-discriminatory basis;   Whereas a genuinely free and fair election requires that citizens be guaranteed the right and effective opportunity to exercise their civil and political rights, including the right to vote and the right to seek and acquire information upon which to make an informed vote, free from intimidation, undue influence, attempts at vote buying, threats of political retribution, or other forms of coercion by national or local authorities or others;   Whereas a genuinely free and fair election requires government and public authorities to ensure that candidates and political parties enjoy equal treatment before the law and that government resources are not employed to the advantage of individual candidates or political parties;   Whereas a genuinely free and fair election requires the full transparency of laws and regulations governing elections, multiparty representation on election commissions, and unobstructed access by candidates, political parties, and domestic and international observers to all election procedures, including voting and vote-counting in all areas of the country;   Whereas increasing control and manipulation of the media by national and local officials and others acting at their behest raise grave concerns regarding the commitment of the Ukrainian authorities to free and fair elections;   Whereas efforts by the national authorities to limit access to international broadcasting, including Radio Liberty and the Voice of America, represent an unacceptable infringement on the right of the Ukrainian people to independent information;   Whereas efforts by national and local officials and others acting at their behest to impose obstacles to free assembly, free speech, and a free and fair political campaign have taken place in Donetsk, Sumy, and elsewhere in Ukraine without condemnation or remedial action by the Ukrainian Government;   Whereas numerous substantial irregularities have taken place in recent Ukrainian parliamentary by-elections in the Donetsk region and in mayoral elections in Mukacheve, Romny, and Krasniy Luch; and   Whereas the intimidation and violence during the April 18, 2004, mayoral election in Mukacheve, Ukraine, represent a deliberate attack on the democratic process: Now, therefore, be it   Resolved, That the House--   (1) acknowledges and welcomes the strong relationship formed between the United States and Ukraine since the restoration of Ukraine's independence in 1991;   (2) recognizes that a precondition for the full integration of Ukraine into the Western community of nations, including as an equal member in institutions such as the North Atlantic Treaty Organization (NATO), is its establishment of a genuinely democratic political system;   (3) expresses its strong and continuing support for the efforts of the Ukrainian people to establish a full democracy, the rule of law, and respect for human rights in Ukraine;   (4) urges the Government of Ukraine to guarantee freedom of association and assembly, including the right of candidates, members of political parties, and others to freely assemble, to organize and conduct public events, and to exercise these and other rights free from intimidation or harassment by local or national officials or others acting at their behest;   (5) urges the Government of Ukraine to meet its Organization for Security and Cooperation in Europe (OSCE) commitments on democratic elections and to address issues previously identified by the Office of Democratic Institutions and Human Rights (ODIHR) of the OSCE in its final reports on the 2002 parliamentary elections and the 1999 presidential elections, such as illegal interference by public authorities in the campaign and a high degree of bias in the media;   (6) urges the Ukrainian authorities to ensure--   (A) the full transparency of election procedures before, during, and after the 2004 presidential elections;   (B) free access for Ukrainian and international election observers;   (C) multiparty representation on all election commissions;   (D) unimpeded access by all parties and candidates to print, radio, television, and Internet media on a non-discriminatory basis;   (E) freedom of candidates, members of opposition parties, and independent media organizations from intimidation or harassment by government officials at all levels via selective tax audits and other regulatory procedures, and in the case of media, license revocations and libel suits, among other measures;   (F) a transparent process for complaint and appeals through electoral commissions and within the court system that provides timely and effective remedies; and   (G) vigorous prosecution of any individual or organization responsible for violations of election laws or regulations, including the application of appropriate administrative or criminal penalties;   (7) further calls upon the Government of Ukraine to guarantee election monitors from the ODIHR, other participating States of the OSCE, Ukrainian political parties, candidates' representatives, nongovernmental organizations, and other private institutions and organizations, both foreign and domestic, unobstructed access to all aspects of the election process, including unimpeded access to public campaign events, candidates, news media, voting, and post-election tabulation of results and processing of election challenges and complaints; and   (8) pledges its enduring support and assistance to the Ukrainian people's establishment of a fully free and open democratic system, their creation of a prosperous free market economy, their establishment of a secure independence and freedom from coercion, and their country's assumption of its rightful place as a full and equal member of the Western community of democracies.

  • Helsinki Commissioners Active at Parliamentary Assembly Winter Meeting

    Approximately 250 parliamentarians from 50 OSCE participating States met February 19-20 in Vienna for the third annual Winter Meeting of the OSCE Parliamentary Assembly.  The United States delegation was headed by Rep. Christopher H. Smith (R-NJ), Chairman of the United States Helsinki Commission.  Also participating were Ranking House Member Rep. Benjamin L. Cardin (D-MD) and Commissioner Rep. Alcee L. Hastings (D-FL).  Former Commission Chairman Rep. Steny H. Hoyer (D-MD) also attended. At the Vienna Meeting, OSCE PA President Bruce George appointed Chairman Smith as his Special Representative on Human Trafficking Issues.  Smith will serve as the Assembly’s point person for collecting information on human trafficking in the OSCE region; promoting dialogue within the OSCE on how to combat human trafficking; and, advising the Assembly on the development of new anti-trafficking policies.  Over the past five years, Chairman Smith has provided considerable leadership in raising human trafficking concerns within the Assembly.  In Congress, Smith sponsored the “Victims of Trafficking and Violence Protection Act,” which enables the U.S. Government to prosecute offenders and provides resources to help victims of trafficking rebuild their lives. Ranking House Member Benjamin L. Cardin, who chairs the Assembly’s Committee on Economic Affairs, Science, Technology and Environment, led a panel discussion on economic challenges and opportunities in the Republic of Georgia following the historic “Revolution of the Roses.”  OSCE PA Vice-President and Speaker of the Georgian Parliament, Nino Burjanadze, described her experience as Acting President of the country after the resignation of former President Eduard Shevardnadze following flawed elections in late 2003.  Speaker Burjanadze stated emphatically that the revolution was unavoidable and inevitable because corruption had been so overwhelming that it was a threat to Georgia’s national security.  She reviewed the steps the new government is taking to combat corruption and strengthen democratic institutions and the rule of law.  Joining Burjanadze was Ambassador Roy Reeve, Head of the OSCE Mission in Georgia.  The Committee was also addressed by the OSCE Coordinator for Economic and Environmental Activities, Dr. Marcin Swiecicki, and Committee Rapporteur Dr. Leonid Ivanchenko. Commissioner Rep. Alcee L. Hastings, who serves as one of nine Assembly Vice Presidents, held a series of meetings with delegations in Vienna in his bid for the presidency of the OSCE PA that will be decided in elections to take place in early July at the Edinburgh Annual Session.  Hastings also met with the leadership of the various political groups -- the Conservatives, Greens, Liberals, and Socialists.  He discussed his plans for future development of the Assembly and its relationship with the governmental side of the OSCE.  Rep. Hoyer chaired the Assembly’s Ad Hoc Committee on Transparency and Accountability, which discussed ways to further improve relations between the parliamentary and governmental parts of the OSCE, including regular access for Ambassador Andreas Nothelle, Permanent OSCE PA Representative in Vienna, to all OSCE meetings.  Discussion also focused on streamlining Assembly declarations of the annual sessions as a means of enhancing the OSCE PA’s influence on the work of the Permanent Council in Vienna.  The committee concluded that a limited number of recommendations should be included in forthcoming declarations sent to the PC each year, coupled with a significant reduction in preamble language.  Members of the U.S. delegation were also briefed by U.S. Ambassador to the OSCE Stephan M. Minikes and Ambassador Andreas Nothelle on issues of concern in Vienna.  A bilateral meeting was held with Head of the French delegation Mr. Michel Voisin and French Ambassador to the OSCE Yves Doutriaux to discuss the recent French ban on wearing headscarves, yarmulkes, crucifixes and other obvious religious symbols in public schools.  ODIHR Director Ambassador Christian Strohal discussed human dimension issues, including the future of election observations and budget issues, as well as programs dealing with human trafficking and anti-Semitism. Bulgarian Ambassador and Chairman-in-Office Representative Ambassador Ivo Petrov outlined the CiO’s plan for 2004 and issues around the anti-Semitism program and anti-trafficking initiatives.  The delegation was also briefed by Helen Santiago Fink of the OSCE Economic Coordinator’s Office, who addressed the economic dimension of trafficking in persons.  Dr. Andreas Khol, President of the Austrian Nationalrat, welcomed the opening of the Winter Meeting for its ability to encourage “intensified dialogue and co-operation between the governmental and parliamentary dimensions of the OSCE.” OSCE Chairman-in-Office Dr. Solomon Passy who is Bulgaria’s Foreign Minister gave his overview of the priorities of the Bulgarian Chairmanship for 2004. Other OSCE officials made presentations, including Chair of the Permanent Council and Representative of the Chairman-in-Office Bulgarian Ambassador Ivo Petrov; Chair of the Forum for Security Cooperation, Coordinator for OSCE Economic and Environmental Activities Ambassador Marcin Swiecicki; OSCE High Commissioner for National Minorities Ambassador Rolf Ekééus; a representative from the office of the OSCE Representative for Freedom of the Media; Director of the Office for Democratic Institutions and Human Rights Ambassador Christian Strohal; and OSCE Secretary General Ambassador Jan Kubis. All presentations were followed by question and answer sessions. Each of the rapporteurs of the three General Committees discussed their draft reports for the forthcoming OSCE PA Annual Session this July in Edinburgh, Scotland.  All have focused their reports on the theme for the annual session, “Co-operation and Partnership: Coping with New Security Threats.” The ninth OSCE Prize for Journalism and Democracy was presented to the New York-based NGO Committee to Protect Journalists, represented by Executive Director Ann Cooper.   The United States Helsinki Commission, an independent agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission created in 1976, is composed of nine Senators, nine Representatives, and one official from the Departments of State, Defense, and Commerce.

  • Remarks by Chairman Christopher Smith, OSCE Conference on Anti-Semitism

    Thank you, Madame Moderator. Excellencies, distinguished guests, ladies and gentlemen, friends, It is my great honor and privilege to address this distinguished body of individuals. Today, here in Berlin, once the epicenter of an obscene policy to eliminate European Jewry, we have gathered together to confront and, to the best of our abilities, vanquish a highly disturbing resurgence of anti-Semitism. I want to thank our German hosts for offering this historic opportunity. We gather against the backdrop of a spike of anti-Semitic violence that has swept through much of the OSCE region, particularly in Western Europe. Unparalleled since the dark days of the Second World War, Jewish communities throughout Europe and North America again are facing violent attacks against synagogues, Jewish cultural sites, cemeteries and individuals. It is an ugly reality that won’t go away by ignoring or by wishing it away. It must be defeated. Even in the eastern portions of the OSCE region, anti-Semitic acts occur in places long devoid of a Jewish presence. This increase in violence is a chilling reminder that our societies still harbor a dangerous collection of bigots and racists who hate Jews. Because of this grim reality, we gather to enlighten and motivate with particular emphasis on what practical steps we must take not just to mitigate this centuries-old obsession, but to crush this pernicious form of hate. At the recent UN Human Rights Commission in Geneva, the representative of the Holy See said anti-Semitism is a “distinct form of intolerance with religious and racial characteristics” and is the “oldest and most continuous form of religious intolerance ever known.” George Washington’s 1790 letter to Touro Synagogue stated clearly that America was to be a place of tolerance for all, and said America “gives to bigotry no sanction, to persecution no assistance.” One year later, France became the first European country to emancipate its Jewish population and offer equal citizenship. More recently, during the horrors of World War II, Chairman-in-Office Passy’s Bulgaria chose not to abandon its Jewish citizens. In the OSCE context, the 1990 Copenhagen Concluding document represented the first time an international body spoke specifically to the crime of anti-Semitism. We hope the results of this Conference will serve as a blueprint for serious and hopefully bold action. Our words here in Berlin, however, must be repeated at home, with frequency, passion and tenacity and matched – and even exceeded – by deeds. If our fight is to succeed, we need government officials at all levels to denounce, without hesitation or delay, anti-Semitic acts wherever and whenever they occur. No exceptions. The purveyors of hate never take a holiday or grow weary, nor should we. Holocaust remembrance and tolerance education must dramatically expand, and we need to ensure that our respective laws punish those who hate and incite violence against Jews. The 18th century British statesman and philosopher Edmund Burke prophetically said “the only thing necessary for evil to triumph is for good people to do nothing.” When national leaders fail to denounce anti-Semitic violence and slurs, the void is not only demoralizing to the victims but silence actually enables the wrongdoing. Silence by elected officials in particular conveys approval – or at least acquiescence – and can contribute to aclimate of fear and a sense of vulnerability. For the last two years, President Bush and Members of Congress from both parties have spoken out repeatedly and forcefully. We have tried to do our “due diligence” to know the truth and to decipher trends. At one of our hearings in 2002, for example, the Simon Wiesenthal Center offered compelling evidence that showed that anti-Semitic incidents were increasing significantly in Western Europe, and the Anti-Defamation League reported that more than 1,500 anti-Semitic incidents occurred in the United States in both 2002 and 2003. We decided that more needed to be done. Last summer I, along with my friend and colleague Ben Cardin, sponsored a bipartisan congressional resolution denouncing anti-Semitism. The measure passed (412-0). When I return to Washington later this week, we will introduce another resolution to highlight what we are attempting to do here in Berlin. Furthermore, we partnered with Gert Weisskirchen and members of the OSCE Parliamentary Assembly to address the unprecedented rise of anti-Semitic violence at our Annual Session in 2002. Together, our delegations have organized forums – in Berlin, Washington and Vienna – on anti-Semitism. In both 2002 and 2003, the OSCE PA unanimously approved resolutions condemning anti-Semitism. So, clearly, our words this week are extremely important. I respectfully submit that they must be matched with deeds. Paper promises must be followed with concrete actions. To that end, there is no excuse for not putting in place an aggressive, sustainable monitoring program. Last year’s Maastricht Ministerial Council decision and last week’s Permanent Council decision committed all participating States to collect and keep records on reliable information and statistics on hate crimes, including anti-Semitism. According to a report on “Official Indifference” written by Human Rights First, of fourteen OSCE countries reviewed, nine had no systematic monitoring. A surgeon can’t remove a cancer or prescribe a course of treatment,without documenting the nature, scope, and extent of the disease. We must find out what’s going on! For its part, the United States has been collecting hate crime information for almost 15 years. Many of the 50 states in the U.S. have enacted their own laws addressing hate crimes. Congress passed the federal Hate Crimes Statistics Act in 1990, which requires the Attorney General to collect data each year about crimes that “manifest evidence of prejudice.” The most recent report available, the 2002 Hate Crimes Statistics Report, documented that religious bias motivated 19.1% of all hate crime incidents in the U.S. Of this total, a whopping 65.3% were anti-Semitic in nature. One positive by-product of reporting is the impact it has on police. When solid reporting is coupled with police training fewer acts of anti-Semitic violence are likely to occur. The public sharing of this information at home and with the OSCE enhances accountability and allows interested communities and NGOs to craft and implement strategies. I therefore urge each of us to enhance our monitoring mechanisms and to promptly forward these findings to ODIHR. A top to bottom review of laws, the enforcement of existing laws, and the enactment of new laws will help enormously. When France experienced a particularly high rate of anti-Semitic attacks in 2002, the French enacted a new statute. Mr. Pierre Lellouche, with us here today, was the champion behind these vital reforms. It is hoped that in each of our countries penalties that are commensurate with crimes motivated by anti-Semitic bias will have a chilling effect on those contemplating acts of hate, and surety of punishment for those who do. Finally, if we are to protect our children from the dark evil of anti-Semitism, we must reeducate ourselves and systematically educate our children. While that starts in our homes, the classroom must be the incubator of tolerance. It seems to me that only the most hardened racist can remain unmoved by Holocaust education and remembrance. Only the most crass, evil, and prejudiced among us can study the horrors of the Holocaust and not cry out: Never again! I urge you to consider making your nation a member of the Task Force for International Cooperation on Holocaust Education, Remembrance, and Research. Of the 16 current Task Force members, fourteen are OSCE participating States. Open to all countries willing to meet certain criteria, applicant countries must commit to open all public and private archives, establish some form of Holocaust remembrance, usually a national day of remembrance, and create or improve Holocaust education curricula. In 1991, my home state of New Jersey established the Commission on Holocaust Education to promote Holocaust and genocide education standards throughout my state. The Commission is unique, and perhaps a model for others, as it regularly surveys the status of Holocaust education and the design of curricula to ensure that all schools are teaching about the Holocaust and genocide. The Commission has developed more than 2,000 pages of material to aid New Jersey educators in teaching children about this painful, but important, topic. The New Jersey Commission is an innovative model for other OSCE participating States and local governments to emulate. The Anti-Defamation League’s “A World of Difference” Institute has delivered programs to more than 450,000 American teachers about the Holocaust and intolerance. The Federal Bureau of Investigation, the FBI, partners with the U.S. Holocaust Memorial Museum and the Anti-Defamation League teach new FBI trainees about law enforcement’s role in the 1930s and 40s in abetting the Holocaust. Conducted at the Holocaust Museum, these sessions leave anindelible impression and lead to greater sensitivity and understanding. Abraham Lincoln once said concerning slavery: “To sin by silence when they should protest, makes cowards of men.” Silence, my friends, is not an option. Nor is inaction. Thank you.

  • Statement at the OSCE's Berlin Anti-Semitism Conference

    Having just come from Auschwitz, I understand the importance of this Conference and the opportunity today that I have to speak about the urgency of ensuring proper responses by national leaders and government officials to anti-Semitism.  Seeing the remains of that factory of intolerance, hate and death, I believe we cannot be reminded enough of the real consequences of not protecting universal human rights in the OSCE region.  We must tirelessly work to build understanding between different communities to prevent future acts of prejudice and injustice.  I believe the first responsibility in this regard rests with governments and officials, as they can greatly influence the domestic climate for tolerance and respect.  This can occur through a variety of ways, foremost when elected and governmental leaders visibly speak out against acts of intolerance.  Leaders must make it clear that anti-Semitism is a threat to democracy.  Elected leaders like myself are naturally attuned to the will of their constituents. We like to get re-elected.  Yet there is a danger of being too differential to populist concerns, what can, in worst-case scenarios, lead to harassment, intimidation and even physical violence.  We must therefore provide leadership on issues like anti-Semitism and intolerance and clearly state our beliefs that these sentiments are unacceptable.  Collectively, we must raise our expectations for our leaders to be involved.  It is a risk worth taking.  If we lead with resolve, we can impact the overall health of our societies.  In short, we must act courageously and speak out boldly.  I am reminded of the actions of Turkish leaders after the horrible Istanbul bombings last November.  Not only did Prime Minister Erdogan publicly denounce the two synagogue bombings, but he also met with Jewish leaders, reportedly a first in the history of the Republic.  Seeing pictures from the funeral on that rain-drenched day, the caskets were draped with the Turkish flag, an honor normally reserved for soldiers or civilians who paid the ultimate price for their country.  The message was unmistakable: despite being a predominantly Muslim country, Turkish leaders made clear this was not an attack on Jews, but rather an attack on Turks who happened to be Jewish, who were victimized because of their religion.  Turkey has set an example for us all, and with its bold moves for EU accession and continued to progress toward the improving the treatment of its religious and ethnic minorities, it is working to create government policies that promote tolerance and non-discrimination.  I salute the Turkish Government for unequivocally condemning the hateful acts perpetrated against the Jewish community in that country.  National and local community leaders clearly have a role to play in speaking out.  In the United States, after 9/11, President Bush visited a mosque in Washington, DC, and made clear that those evil acts did not represent Islam.  Locally, I similarly met with Muslim leaders in my district in Baltimore, Maryland, after September 11th to show my support for their community. In addition to speaking out against incidents when they occur, we must all ensure our domestic laws can properly deal with these criminal acts.  We must ensure law enforcement is doing everything possible to prosecute the perpetrators of these hateful acts.   In the OSCE context, many participating States responded to the spike of anti-Semitic violence, recognizing the unacceptability of the trend.  The French National Assembly passed laws enhancing penalties for crimes motivated by anti-Semitism. The new laws doubled prison sentences for crimes of a “racist, anti-Semitic, or xenophobic” nature, as well as created special training programs for judges.  France backed up its statements with funding, which demonstrates its real commitment, and budgeted serious amounts to improve the security of Jewish community establishments.    Other countries are acting as well.  The German Bundestag recently issued a resolution denouncing anti-Semitic violence, and in Canada a similar resolution has been introduced.  The U.S. Congress has recently funded an ethics center at the U.S. Naval Academy, which is in the district I represent.  In another U.S. military initiative, a new generation of military leaders will now visit concentration camps, like Auschwitz, and be inspired to never again allow injustices of this magnitude to occur.  Yet even under the most favourable conditions, instances of bigotry can manifest themselves.  The question is how can we measure levels of intolerance in our societies?  Opinion polls and community surveys can discern inclinations and prejudices, but when dislike transforms into actions of hate and crosses the threshold of criminal acts, we must have mechanisms in place to track these occurrences.    I am proud to say that the United States has been monitoring hate crimes and compiling the information into a yearly report since 1990.  This enables policymakers to track trends and then develop strategies to address these findings.  Without a monitoring mechanism, how can officials intelligently move forward?  Without the capability to recognize when communities are being targeted, how can governments provide a credible level of protection for likely victims?  I am proud to note that in the OSCE region efforts are underway to increase the tracking of manifestations of anti-Semitism and intolerance in all participating States, and to forward these statistics to ODIHR for compilation and publication. The OSCE Permanent Council just last week came to a consensus decision that all participating States will gather information on crimes related to anti-Semitism or intolerance.  I urge all countries to genuinely fulfil this commitment, while also working with NGOs, so that the most complete picture can be obtained.   Let us not forget that the burden to monitor and track incidents of anti-Semitism and intolerance rests first with participating States.  I therefore trust ODIHR will receive robust support from all OSCE countries, so it can fully execute this task while not sacrificing its good programming in other areas.  We should also support collectively strengthening OSCE’s capacity to gather information from each of our participating States, share best practices, and offer help to States in developing effective strategies to fight anti-Semitism.  Participating States should strive to implement these commitments as soon as possible, so we can begin to understand the nature of the problem and craft practical solutions. However, collecting data is only a starting point, creating the basis for future action.  We must not confuse our efforts here today to be the victory against anti-Semitism.  Today’s meeting is historic and a tremendous statement of our resolve to fight this evil, but we will be judged by how we follow up on these discussions and debates.  Each of our States must be committed to develop an action strategy to combat anti-Semitism.  That strategy should be open to review with regular oversight by parliament.  The NGO community must be a resource used by each State.  The OSCE’s capacity to assist States in this effort needs to be focused and strengthened.  In closing, Mr. Moderator, the first way to promote tolerance is to fight intolerance.  By speaking-out forcefully when instances of bigotry and hate arise at home, we can make certain that acts of intolerance will not be entertained or sanctioned.  Remembering the horrors of Auschwitz and other grotesque examples of hatred, I genuinely hope States will leave today fully committed to combat intolerance and discrimination.  Thank you.

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