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statement
1999: A Critical Year for Belarus
Tuesday, February 09, 1999Mr. Speaker, last month, a Congress of Democratic Forces was held in Minsk, the capital of Belarus. The Congress demonstrated the resolve of the growing democratic opposition to authoritarian President Alyaksandr Lukashenka and the determination by the opposition to have free, democratic elections consistent with the legitimate 1994 constitution. Earlier last month, on January 10, members of the legitimate Belarusian parliament, disbanded by Lukashenka after the illegal 1996 constitutional referendum which extended his term of office by two years to 2001, set a date for the next presidential elections for May 16. According to the 1994 constitution, Lukashenka's term expires in July. Not surprisingly, Lukashenka rejects calls for a presidential election. Local elections are currently being planned for April, although many of the opposition plan not to participate, arguing that elections should be held only under free, fair and transparent conditions, which do not exist at the present time. Indeed, the law on local elections leaves much to be desired and does not provide for a genuinely free and fair electoral process. The local elections and opposition efforts to hold presidential elections must be viewed against the backdrop of a deteriorating economic situation. One of the resolutions adopted by the Congress of Democratic Forces accuses Lukashenka of driving the country to “social tensions, international isolation and poverty.” As an example of the heightening tensions, just last weekend, Andrei Sannikov, the former deputy minister of Belarus and a leader of the Charter '97 human rights group, was brutally assaulted by members of a Russian-based ultranationalist organization. Additionally, Lukashenka's moves to unite with Russia pose a threat to Belarus' very sovereignty. Thus, Mr. Speaker, this year promises to be a critical year for Belarus. Recently, a staff delegation of the (Helsinki) Commission on Security and Cooperation in Europe, which I chair, traveled to Belarus, raising human rights concerns with high-ranking officials, and meeting with leading members of the opposition, independent media and nongovernmental organizations. The staff report concludes that the Belarusian Government continues to violate its commitments under the Organization for Security and Cooperation in Europe (OSCE) relating to human rights, democracy and the rule of law, and that at the root of these violations lies the excessive power usurped by President Lukashenka since his election in 1994, especially following the illegitimate 1996 referendum. Although one can point to some limited areas of improvement, such as allowing some opposition demonstrations to occur relatively unhindered, overall OSCE compliance has not improved since the deployment of the OSCE's Advisory and Monitoring Group (AMG) almost one year ago. Freedoms of expression, association and assembly remain curtailed. The government hampers freedom of the media by tightly controlling the use of national TV and radio. Administrative and economic measures are used to cripple the independent media and NGOs. The political opposition has been targeted for repression, including imprisonment, detention, fines and harassment. The independence of the judiciary has been further eroded, and the President alone controls judicial appointments. Legislative power is decidedly concentrated in the executive branch of government. The Commission staff report makes a number of recommendations, which I would like to share with my colleagues. The United States and OSCE community should continue to call upon the Belarusian Government to live up to its OSCE commitments and, in an effort to reduce the climate of fear which has developed in Belarus, should specifically encourage the Belarusian Government, inter alia, to: (1) Immediately release Alyaksandr Shydlauski (sentenced in 1997 to 18 months imprisonment for allegedly spray painting anti-Lukashenka graffiti) and review the cases of those detained and imprisoned on politically motivated charges, particularly Andrei Klymov and Vladimir Koudinov; (2) cease and desist the harassment of opposition activists, NGOs and the independent media and permit them to function; (3) allow the opposition access to the electronic media and restore the constitutional right of the Belarusian people to free and impartial information; (4) create the conditions for free and fair elections in 1999, including a provision in the election regulations allowing party representation on the central and local election committees; and (5) strengthen the rule of law, beginning with the allowance for an independent judiciary and bar. With Lukashenka's term in office under the legitimate 1994 Constitution expiring in July 1999, the international community should make clear that the legitimacy of Lukashenka's presidency will be undermined unless free and fair elections are held by July 21. The United States and the international community, specifically the OSCE Parliamentary Assembly, should continue to recognize only the legitimate parliament, the 13th Supreme Soviet, abolished by Lukashenka in 1996, and not the post-referendum, Lukashenka-installed, National Assembly. At the time, the United States, and our European allies and partners, denounced the 1996 referendum as illegitimate and extra-constitutional. The West needs to stand firm on this point, as the 13th Supreme Soviet and the 1994 Constitution are the only legal authorities. The democratically oriented opposition and NGOs deserve continued and enhanced moral and material assistance from the West. The United States must make support for those committed to genuine democracy a high priority in our civic development and NGO assistance. I applaud and want to encourage such entities as USIS, the Eurasia Foundation, National Endowment for Democracy, International Republican Institute, ABA/CEELI and others in their efforts to encourage the development of a democratic political system, free market economy and the rule of law in Belarus. The United States and the international community should strongly encourage President Lukashenka and the 13th Supreme Soviet to begin a dialogue which could lead to a resolution of the current constitutional crisis and the holding of democratic elections. The OSCE Advisory and Monitoring Group (AMG) could be a vehicle for facilitating such dialogue. The Belarusian Government should be encouraged in the strongest possible terms to cooperate with the OSCE AMG. There is a growing perception both within and outside Belarus that the Belarusian Government is disingenuous in its interaction with the AMG. The AMG has been working to promote these important objectives: an active dialogue between the government, the opposition and NGOs; free and fair elections, including a new election law that would provide for political party representation on electoral committees and domestic observers; unhindered opposition access to the state electronic media; a better functioning, independent court system and sound training of judges; and the examination and resolution of cases of politically motivated repression. Mr. Speaker, there is a growing divide between the government and opposition in Belarus, thanks to President Lukashenka's authoritarian practices, a divide that could produce unanticipated consequences. An already tense political situation is becoming increasingly more so. Furthermore, Lukashenka's efforts at political and economic integration with Russia could have serious potential consequences for neighboring states, especially Ukraine. Therefore, it is vital for the United States and the OSCE to continue to speak out in defense of human rights in Belarus, to promote free and democratic elections this year, and to encourage meaningful dialogue between the government and opposition.
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briefing
The Ombudsman in the OSCE: An American Perspective
Wednesday, December 02, 1998This briefing assessed the role of ombudsmen institutions in the countries of the Organization for Security and Cooperation in Europe from an American perspective. The ombudsman institution was described as a flexible institution; adaptable to national and local government structures in a wide variety of countries, and a brief evaluation of the evolution of this institution was presented. Dean M. Gottehrer, a consultant on ombudsmen in human rights institutions for the United Nations Development Program, Office for Democratic Institutions and Human Rights of the OSCE, and the United States Information Agency, presented a personal analysis of the role of ombudsmen institutions in protecting human rights in OSCE participating states.
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briefing
Deterioration of Religious Liberty in Europe
Wednesday, July 22, 1998This briefing addressed the persisting question of problems of religious liberty and the patterns of discrimination against religious minorities and other belief groups that had developed in a number of countries in the OSCE region in the aftermath of the Cold War. Efforts of improving religious liberty in former communist countries were discussed, as well as the need for spending time and attention on countries farther west, like France, Belgium, and Austria, in which concern for religious minorities was also expressed. Witnesses testifying at the briefing – including Willy Fautre, Director of Human Rights without Frontiers and James McCabe, Assistant General Counsel of Watchtower Bible and Tract Society – examined the multi-tiered system that European countries employ regarding religion, and the different statuses and treatment of citizens based on where their religion falls within this system. The issues faced by minority religious associations, like being targeted by fiscal services, were also topics of discussion.
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hearing
Status of Religious Liberty for Minority Faiths in Europe and the OSCE
Friday, December 05, 1997The purpose of this hearing, which the Hon. Christopher H. Smith chaired, was to discuss the reality of disturbing undercurrents of subtle, but growing, discrimination and harassment of minority religious believers, as opposed to discussing the widespread documentation of torture and persecution of practitioners of minority faiths. In a number of European countries, government authorities had seemed to work on restricting the freedoms of conscience and speech in much of their governments’ actions. For example, in Russia, on September 26, 1997, President Boris Yeltsin signed the law called “On Freedom of Conscience and on Religious Associations,” which blatantly violated agreements of the OSCE which the former U.S.S.R. helped to initiate. Through use of witnesses, then, attendees of this hearing, namely commissioners, gained a deeper understanding of the religious liberty violations within OSCE member countries and insight into how to best influence governments to adhere more closely to internationally accepted human rights standards.
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briefing
OSCE Human Dimension Implementation Meeting
Tuesday, October 28, 1997The purpose of this briefing, which Helsinki Commission Chief of Staff Michael Hathaway presided over, was to provide information to the public about the U.S.’s approach to the OSCE Human Dimension Implementation Meeting, as well as to hear from two highly respected non-governmental organizations regarding issues that they believed should have been taken up in Warsaw. At the point of the briefing, already established issues at Warsaw included freedom of religion, media, association on assembly, the prevention of torture, international humanitarian law, tolerance and non-discrimination, national minorities, and the plight of the Roma. The aim in mind was to encourage improved implementation of human dimension obligations by OSCE member states. Participants in this hearing included State Department Secretary Rudolph Perina, and Holly Cartner and Adrian Karatnycky with Human Rights Watch and Freedom House, respectively.
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briefing
The Continued Use of Torture in Turkey
Tuesday, April 08, 1997This briefing analyzed the continued practice of torture despite the Turkish Constitution’s ban on torture and public pledges by successive government to end torture. Turkey’s obligations under numerous international conventions, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment were emphasized. Witnesses testifying at the briefing – including Holly Cartner, Executive Director, of Human Rights Watch; Dr. Erik Holst, President of the Rehabilitation Center for Torture Victims, Denmark; and Doug Johnson, Executive Director of the Council of Europe’s Convention on Prevention of Torture – evaluated the lack of accountability for the perpetrators of the gross human rights violations that occur via the practices of torture that are regularly employed in Turkey. Special public hearings regarding these instances of torture, recognition of the need to act as a model for the world in pursuing justice, and respect for the victims of this abuse were all actions that were called for.
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hearing
The Future of Chechnya
Thursday, March 13, 1997Former senatosr and commissionesr chaired this hearing, which focused on the efforts of the citizens in Chechnya to free themselves from Russian power. Russia’s “transgressions” against the Chechnyan populace entailed lack of recognition of international principles. More specifically, the 1994 OSCE Budapest Document, with which the Russians agreed, stipulates that each participating state will ensure that its armed forces are commanded in a way that is consistent with the provisions of international law. Moreover, even when force cannot be avoided, each state will ensure that its use must be commensurate with the needs. At the time of this hearing, anywhere between 30,000 and 80,000 people had been killed because of the conflict in the territory, and tens of thousands of men, women, and children had been driven from their homes. In addition, there had been a cease-fire in Chechnya. However, the dangers had not recently ended.
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briefing
Treaty on Conventional Armed Forces in Europe (CFE)
Thursday, February 20, 1997This briefing focused on the topics of European security and NATO enlargement, specifically in terms of the Treaty on Conventional Armed Forces in Europe. Elements of the treaty that remained especially important, including the goal of avoiding destabilizing concentrations of forces in Europe and the goal of creating greater transparency and promoting information exchange among governments in Europe, were discussed. Witnesses testifying at this briefing spoke to the need for amendments and changes to the CFE, but maintained the relevance of the treaty to international security. Different strategies for making these changes related to Russian pressure and NATO involvement were presented.
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publication
U.S. Statements on the Human Dimension, 1996 OSCE Vienna Review Conference and Lisbon Summit
Friday, November 01, 1996This compendium of statements illustrates the U.S. perspective that one of the key and distinguishing features of the OSCE is the interlocking framework of critical, politically binding commitments which provide a common set of principles to which all participating States can aspire. The OSCE draws its real strength and practical flexibility from participating states' commitments to the values of the original Helsinki Act, rather than from a legalized, treaty-based institutional structure. A fundamental strength of the OSCE is the review process, which provides a regular opportunity to assess a participating states' efforts to further the realization of the Helsinki Accords within its own borders, and in its relations with other OSCE states. The OSCE is increasingly a pillar of European security. By facilitating honest implementation review the OSCE can strengthen security links based on common values.
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publication
Report: US Helsinki Commission Delegation to Georgia and Azerbaijan
Friday, April 26, 1996From April 22-26, 1996, Commission staff attended, along with 30 media professionals, the International Conference on Conflict in Trans-Caucasus [sic] and the Role of Mass Media, held in Kobuleti, Ajaria (an Autonomous Republic in Georgia). The conferences organizers were the OSCE Office of Democratic Institu- tions and Human Rights (ODIHR), the OSCE Mission to Georgia, the Council of Europe and the Tbilisi-based Black Sea Press Information Agency. The project was co-sponsored by the U.S. Agency for International Development, through the Eurasia Foundation. Participants came from Baku, Tskhinvali (South Ossetia), Stepanakert (Nagorno-Karabakh), Tbilisi and Yerevan. Organized by the ODIHR as a follow-up to the 1995 Human Dimension Implementation Review Meeting in Warsaw, the conference was one in a series on the role of the media in conflict situations and in systems undergoing the transition from communism. The stated aim of these conferences is to develop aware- ness of and working recommendations for the journalists working in conflict regions on the role the media can play in preventing and resolving conflicts. A secondary goal is to give journalists from states or regions in conflict the opportunity to meet, discuss common problems and establish personal contacts to promote the exchange of information. Other scheduled conferences examine the role of the media in the former Yugoslavia (June 1996) and the situation of the media in Uzbekistan (October 1996). One important reason conference organizers chose Kobuleti was that Ajaria has managed to avoid the destruction and disruption visited upon the rest of Georgia in the last several years by ethnic conflicts and by gangs of marauding criminals associated with various paramilitary groups. Under the iron grip of Aslan Abashidze, the Chairman of Ajarias Supreme Soviet, Ajaria has been relatively calm, and has taken in refugees from Georgias ethnic-separatist conflicts in Abkhazia and South Ossetia. Since these conflicts are technically unre- solved, Tbilisi, the capital, would have been problematic for Abkhaz and South Ossetians, whereas Ajaria seemed a more neutral site.
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briefing
Turkish Minority in Western Thrace
Friday, April 26, 1996This briefing presented an overview of the problems and the situation of the Turkish minority in Thrace, which had suffered from human rights abuses, including the deprivation of citizenship, denials of the right to buy land or houses, restriction of freedom of expression, movement, and religion, and the degrading treatment of ethnic Turks by Greek government officials. In spite of some reforms taken to improve this situation, many issues still remain, involving education, the expropriation of land, and religious discrimination. Witnesses providing testimony at this hearing – including Tozun Bahcheli, Senior Fellow at the U.S. Institute of Peace; Van Coufoudakis, Vice Chancellor of Academic Affairs at Indiana University/Purdue; and Western Thrace residents Adem Bekiroglu and Irene Laganis – discussed the limitations established by the Greek government’s failure to acknowledge without restriction the existence of the Turkish minority. Issues such as arbitrary deprivation of citizenship, the election of muftis, job discrimination, and discrimination in providing public services were identified as obstacles faced by the Turkish minority.
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publication
Summary of the OSCE Rule of Law Seminar
Friday, December 01, 1995From November 28 to December 1, 1995, the participating States of the Organization for Security and Cooperation in Europe (OSCE) convened a seminar on the rule of law. The meeting was organized by the Warsaw-based OSCE Office for Democratic Institutions and Human Rights (ODIHR). Thirty-eight of the 53 fully participating States attended, along with representatives from two Non-Participating Mediterranean States, six international organizations, and 25 non-governmental organizations. Over the course of two days, a number of emerging democracies described the constitutions and other legislative provisions that had been adopted in their countries to provide for the rule of law, at least on paper. Western participants, for their part, generally spoke of the specific and concrete challenges faced in their countries in actually implementing safeguards for the rule of law. In general, the participation of East-Central European and former Soviet countries—most of which attended this meeting—was more active than at the 1991 Oslo meeting, and Western participants, for their part, avoided the West-West bickering that marred the earlier seminar. At the end of the meeting, the rapporteurs produced summaries of the discussions.
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briefing
Religious Liberty: The State Church and Minority Faiths
Tuesday, November 28, 1995Samuel G. Wise, Director for International Policy at the US Helsinki Commission, presented the second briefing in a series focusing on religious liberty in the participating states of the Organization for Security and Cooperation in Europe. This particular discussion was intended to evaluate the relationship between state churches or traditional religious and freedom of religion for minority faiths in the OSCE region through an analysis of the effects of certain historical legacies on individual states. Witnesses testifying at the briefing – including Father Kishkovsky, Ecumenical Officer of the Orthodox Church in America; Father George Papaioannou, Pastor of St. George Greek Orthodox Church; Gerard Powers, Foreign Policy Advisor for the U.S. Catholic Conference; Lauren Homer, Founder of Law and Liberty Trust; and Lee Boothby, Vice President of the Council on Religious Freedom – focused on the issue of minority and majority in society as it relates to religion and the potential for this issue to result in conflict. The historical origins of these tensions, especially in Eastern Europe, were particularly emphasized.
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briefing
The OSCE at Twenty: Its Relevance to Other Regions - Part 3
Tuesday, November 14, 1995This two day briefing was a response to legislation that called for the CSCE to conduct an analysis of the OSCE’s strengths and weaknesses and to ascertain the feasibility of creating similar institutions in other geographic regions. The briefing was divided into six panels. This third section, entitled “Africa: Conflict, Compromise, and Managing Chaos”, was moderated by Ambassador Chester Crocker, former Secretary of State for Africa. Here, panelists identified corruption, weak governance, and ethnic strife as key challenges that could be addressed by an OSCE-like organization. Gabriel Negatu, director of the Federation of African Voluntary Development Organizations, stressed that African governments have to strike a balance between human rights concerns, economic development, and stability. He noted, however, that NGOs had largely been shut out of the multilateral problem solving process. Panelists envisaged a greater role for NGOs, civil society, and business associations in the problem solving process. One suggestion included persuading companies doing business in Africa to develop a code of conduct in conjunction with such organizations as the Africa Business Council.
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briefing
The OSCE at Twenty: Its Relevance to Other Regions - Part 4
Tuesday, November 14, 1995This two day briefing was a response to legislation that called for the CSCE to conduct an analysis of the OSCE’s strengths and weaknesses and to ascertain the feasibility of creating similar institutions in other geographic regions. The briefing was divided into six panels. This fourth panel, entitled “Trade + Democracy = Security & Human Rights?” dealt with Latin America, and was introduced by Senator Bob Graham. Mr. Graham cited three aspects of the Helsinki process with particular relevance in Latin America: the role of NGOs in building civil societ, linkage between security, economics, and human rights; and multilateralization of issues. He believed an OSCE-like process could help counter threats to democratic governments including growing inequality within and between states, unchecked population growth, drug trafficking, and government repression.
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briefing
The OSCE at Twenty: Its Relevance to Other Regions - Part 5
Tuesday, November 14, 1995This two day briefing was a response to legislation that called for the CSCE to conduct an analysis of the OSCE’s strengths and weaknesses and to ascertain the feasibility of creating similar institutions in other geographic regions. The briefing was divided into six panels. This fifth panel focused on the Middle East, and framed the discussion on Middle Eastern security as being closely tied to European security by virtue of their geographic proximity. Ambassador Basheer noted several qualitative differences between Europe and the Middle East in terms of the nature of grievances, which in the Middle East often include complicated territorial issues. He noted that NGOs might play a particularly useful role in mediating such conflicts, especially where parties refuse to engage on a government-to-government level. One notable example of this included Israel’s refusal to engage with regional governments on nuclear weapons proliferation.
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briefing
The OSCE at Twenty: Its Relevance to Other Regions - Part 6
Tuesday, November 14, 1995This two day briefing was a response to legislation that called for the CSCE to conduct an analysis of the OSCE’s strengths and weaknesses and to ascertain the feasibility of creating similar institutions in other geographic regions. The briefing was divided into six panels. This sixth panel dealt with future prospects for multilateralism. Drawing from conclusions in previous panels, Professor Zartman stressed that the CSCE model could not be a template imposed on other regions without consideration for regional mores and traditions. He argued that there was no “rich culture” of the respect for human rights outside of Europe. Professor Buergenthal, however, believed that multilateralism was in the interest of the vast majority of states, especially smaller ones. International law and consensus-based decision making procedures coupled with wide ranging membership acts as a hedge against power politics, he argued, which works to the benefit of many states. Ultimately, panelists were optimistic about the future of multilateralism, but conceded that the development of new international organizations across the world would have to develop in a manner that was attuned to the region’s specific resources and needs.
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briefing
The OSCE at Twenty: Its Relevance to Other Regions - Part 1
Monday, November 13, 1995This two day briefing was a response to legislation that called for the CSCE to conduct an analysis of the OSCE’s strengths and weaknesses and to ascertain the feasibility of creating similar institutions in other geographic regions. The briefing was divided into six panels. This first panel assessed the strengths and weaknesses of the OSCE model. Helsinki Commission Chairman Chris Smith opened the discussion by pointing to the OSCE’s success in impacting upon multilateral processes in Africa and the Middle East. Most panelists believed that there was a large gap between what the OSCE could do and what its members would allow it to do, especially in areas related to security. As such, they felt that procedural mechanisms were vital to the OSCE because they allowed for the maintenance of equal footing among nations through, among other things, consensus based decision making and rotating chairpersons. An important achievement of the OSCE was, according to the panelists, the linkage between human rights, security, economic, and other issues. They also noted that a key element in the OSCE’s development was the cold war tension, which yielded self-enforcing agreements between states. In this regard, it was pointed out that similar models with non-legally binding provisions might be hard to develop in regions lacking such tension.
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briefing
The OSCE at Twenty: Its Relevance to Other Regions - Part 2
Saturday, November 04, 1995This two day briefing was a response to legislation that called for the CSCE to conduct an analysis of the OSCE’s strengths and weaknesses and to ascertain the feasibility of creating similar institutions in other geographic regions. The briefing was divided into six panels. This second panel, entitled “Asia: Market Driven Reform or Repression?” was introduced by Congressman Jim Lightfoot. Rep. Lightfoot believed an OSCE-like process should be considered in Asia and that an organization like the Helsinki commission be created to monitor such a process. Other panelists generally agreed that while the OSCE model held some insights for Asia, including an enhanced role for NGOs, it would be difficult to envision its effectiveness in the vast and varied Asia-Pacific region. Mr. T. Kumar of Amnesty International added that it would be helpful to have a more institutionalized role for NGOs, as they have often become victims themselves when confronting rights abuses. On security matters, the panelists agreed that further development of the ASEAN process would be beneficial in maintaining both bilateral and multilateral ties to the U.S. Finally, in the economic sphere, Mr. Kamm of Market Access Ltd. argued that the promotion of human rights has positive implications for productivity, and that it would thus be in the interest of businesses to establish a human rights protection regime.
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briefing
Religious Liberty in the OSCE: Present and Future
Wednesday, September 27, 1995Speaking on behalf of Congressman Christopher H. Smith and Senator Alfonse M. D’Amato, chairman and co-chairman of the Helsinki Committee, the Committee’s Director for International Policy, Samuel G. Wise, addressed the improvements made by the countries of the OSCE in religious liberty since the demise of communism. Observed deficits in this particular subject were also evaluated, including acts of OSCE governments perpetrating religious intolerance and discrimination against people of faith by passing laws favoring certain religions, turning a blind eye to harassment, and establishing bureaucratic roadblocks to prevent religious minorities from practicing their faith. Each panelist – including Dr. Paul Marshall, Senior Fellow of Political Theory for the Institute for Christian Studies; Dr. Khalid Duran, Senior Fellow for the Institute for International Studies; and Micah Naftalin, National Director for the Union of Councils for Soviet Jews – spoke to the overall factors affecting religious freedom in the OSCE, including: respect for other freedoms such as freedom of speech and religion, ethno-cultural tensions, and the relevance of old prejudices. These ideas were presented in the context of moving towards a more comprehensive respect for religious freedom among OSCE member states in the future.
Monday, April 15, 2013