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Helsinki Commission Members Press Belgrade to Apprend Indicted War Criminals, Cooperate with Hague Tribunal
Monday, July 07, 2003

By Bob Hand
CSCE Staff Advisor

 

On June 16, 2003, Secretary of State Colin Powell certified that Serbia and Montenegro met U.S. criteria set forth in section 578 of the Consolidated Appropriations Resolution. These criteria include Serbia and Montenegro’s level of cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). Without certification, certain bilateral assistance to Serbia would have been withheld.

Leading Members of the United States Helsinki Commission have long been concerned with the level of cooperation by the Government of Serbia and Montenegro with ICTY and have consistently urged the authorities in Belgrade to do more. Concerned Commissioners have sought to increase attention paid to developments in Serbia in the aftermath of the March assassination of reformist Prime Minister Zoran Djindjic. There is a general sense among Commission leaders that while Belgrade’s cooperation with the Tribunal has been improving, it still remains insufficient.

In the lead up to the June 15th certification deadline, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) participated in a Commission public briefing featuring Carla Del Ponte, Chief Prosecutor of the Tribunal. As of the May 15th briefing, Del Ponte characterized cooperation from Belgrade as uncertain, underscoring that movement comes only when it is seen as politically beneficial for the Serbian Government. She noted some cooperation in accessing documents; however, for more than a year, the prosecution has pushed for the transfer of 155 Serbian documents in connection with the Milosevic trial without success.

Del Ponte expressed concern over the failure to detain wanted fugitives – particularly Veselin Sljivancanin, indicted for the 1991 Vukovar massacre in Croatia, and Ratko Mladic and five others wanted in connection with the 1995 Srebrenica massacre in Bosnia-Herzegovina. “Mladic is a great mystery because we know where Mladic is,” she asserted. “We passed this information to the Serbian Government in Belgrade, and nothing happened.”

Del Ponte stressed that if law and order is to prevail criminal justice must be credible. Failure to bring together all those accused to trial frustrates the progress of the Tribunal and forces the witnesses to present repeatedly their own horrific accounts each time a separate case is brought to trial. She also assessed cooperation with Croatia, Bosnia-Herzegovina, and Kosovo during the course of the briefing.

In a letter dated May 23, five Members of the Helsinki Commission urged Secretary of State Colin Powell to utilize the time prior to the certification deadline to press authorities in Belgrade to take the steps necessary to meet the certification requirements. The Commissioners recognized the significant strides Serbia has made in cooperation with the Tribunal, but underscored that “a failure to apprehend Mladic and other notorious war criminals soon would be a serious setback to the cause of reform and recovery at home and further delay Serbia’s integration in Europe.” The letter was signed by Co-Chairmen Rep. Christopher H. Smith (R-NJ) and Senator Ben Nighthorse Campbell (R-CO), and Commissioners Rep. Steny H. Hoyer (D-MD), Senator Christopher J. Dodd (D-CT) and Rep. Benjamin L. Cardin (D-MD).

The United States Helsinki Commission held a second briefing on June 4, detailing Serbia and Montenegro’s cooperation with the Tribunal, and the prospects for human rights and democratic development in Serbia since the lifting of the state of emergency imposed after Djindjic’s assassination.

Helsinki Commission Senior Advisor Donald Kursch opened the briefing, welcoming the tough measures authorities in Belgrade have taken in the wake of Mr. Djindjic’s murder to crack down on criminal elements. Nina Bang-Jensen, Executive Director and General Counsel for the Coalition for International Justice, described Serbia’s actual cooperation with the Court as “very limited, begrudging, and only under pressure.” After last year’s certification, Serbia’s government promised a consistent pattern of cooperation, but only three surrenders and one arrest have followed.

Bang-Jensen cited the failure to apprehend nineteen Bosnian Serb and Serbian indicted suspects, either living within Serbia or frequently crossing into Serbia, as an indication that the current government is inclined to protect the old regime.

Elizabeth Andersen, Executive Director of the Europe and Central Asia Division of Human Rights Watch, recommended that the United States look not only at Serbia’s cooperation with the ICTY, but to its overall level of commitment to rule of law. Following Djindjic’s assassination in March, the Serbian Government imposed a state of emergency to crack down on organized crime. It is estimated that more than 10,000 people were held incommunicado for up to two months under this guise. International monitors were denied access to detainees until recently, and Andersen noted that released detainees reported widespread abuse.

Despite increasing pressure from the international community on Serbia’s domestic courts to shoulder greater responsibility for holding war criminals accountable, only four domestic trials were held this year. There is also no indication of upcoming trials or of a permanent commitment to such a process. Trials that have proceeded suffered from a lack of witness protection, poor case preparation by prosecutors, and problems facilitating witnesses traveling from other areas of the former Yugoslavia.

James Fisfis, Resident Program Officer for Serbia at the International Republican Institute, remained optimistic. Fisfis presented the results of an IRI survey suggesting that 56 percent of Serbian citizens believe the country is now on the right track, up from 38 percent before the assassination. Sixty-four percent of Serbian respondents currently support cooperation with The Hague, seeing it as a necessary measure toward gaining international acceptance. The data suggest a window of opportunity exists for pressure to reform to have an impact.

Ivan Vujacic, Ambassador of Serbia and Montenegro to the United States, acknowledged that “more can be done and more will be done” in cooperation with the Tribunal, but focused on the progress made over the last two and half years, which he described as “remarkable.” In particular, he pointed to the recent arrests of three “pillars of Milosevic’s rule”: Miroslav Radic, Franko Simatovic, and Jovica Stanisic.

Ambassador Vujacic said that the Serbian Government was highly committed to protecting human rights. He stated that during the war “the ultimate human right, the right to life was taken from the victims in atrocities defined as war crimes and crimes against humanity.” Vujacic promised that all indictees in the territory of Serbia and Montenegro will be arrested and transferred to The Hague.

A second Helsinki Commission letter to Secretary of State Powell dated June 12th, declared that certification could not be justified at the time. The letter concluded: “To certify would be detrimental to U.S. foreign policy goals supporting international justice and successful and complete democratic change in Serbia.”

The letter reiterated that the Serbian authorities had yet to arrest and transfer Mladic and other indictees who are most likely in Serbia, and even this did not define the full cooperation with the Tribunal desired. Commission Members warned that if certification occurred while the required conditions remained unmet, the United States’ ability to affect change in Serbia would be diminished, making it more difficult for Serbia’s political leadership to undertake necessary reforms.

Some Commission Members view the June 13 arrest of the indicted war crimes suspect Veselin Sljivancanin by the Belgrade authorities as an important positive step toward increased cooperation with the ICTY. However, continued failure to apprehend Mladic and other leading indictees remains a serious cause of concern that places barriers to Serbia and Montenegro’s full re-integration into the international community.

In a press release announcing certification, State Department spokesman Richard Boucher asserted that the Secretary’s decision to certify does not indicate that Serbia has fulfilled its commitment. “We have made clear ... that the United States expects further actions to be taken in order to meet those obligations,” Boucher said, “including by arresting and transferring Radovan Karadzic and Ratko Mladic.”

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.

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  • Helsinki Commission Hearing on Kosovo's Displaced and Imprisoned

    Mr. Speaker, this week the Helsinki Commission held a hearing to review the current situation in Kosovo and the prospects for addressing outstanding human rights issues there. More specifically, the hearing focused on the more than 200,000 displaced of Kosovo, mostly Serb and Roma, as well as those Albanians, numbering at least 1,600 and perhaps much more, imprisoned in Serbia. Witnesses included Ambassador John Menzies, Deputy Special Advisor to the President and Secretary of State for Kosovo Implementation; Bill Frelick, Director for Policy at the U.S. Committee for Refugees; His Grace, Bishop Artemije of the Serbian Orthodox Church; Andrzej Mirga, an expert on Roma issues for the Project on Ethnic Relations and the Council of Europe; Susan Blaustein, a senior consultant at the International Crisis Group; and, finally, Ylber Bajraktari, a student from Kosovo. The situation for the displaced, Mr. Speaker, is truly horrible. In Serbia, most collective centers are grim, lacking privacy and adequate facilities. While most displaced Serbs have found private accommodations, they still confront a horrible economic situation worsened by the high degree of corruption, courtesy of the Milosevic regime. The squalor in which the Roma population from Kosovo lives is much worse, and they face the added burdens of discrimination, not only in Serbia but in Montenegro and Macedonia as well. There is little chance right now for any of them to go back to Kosovo, given the strength of Albanian extremists there. Indeed, since KFOR entered Kosovo eight months ago, it was asserted, more than 80 Orthodox Churches have been damaged or destroyed in Kosovo, more than 600 Serbs have been abducted and more than 400 Serbs have been killed. The situation for those Serbs and Roma remaining in Kosovo is precarious. Other groups, including Muslim Slavs, those who refused to serve in the Yugoslav military, and ethnic Albanians outside Kosovo, face severe problems as well, but their plights are too often overlooked. Meanwhile, the Milosevic regime continues to hold Albanians from Kosovo in Serbian prisons, in many cases without charges. While an agreement to release these individuals was left out of the agreement ending NATO's military campaign against Yugoslav and Serbian forces, with the Clinton Administration's acquiescence, by international law these people should have been released. At a minimum, the prisoners are mistreated; more accurately, many are tortured. Some prominent cases were highlighted: 24-year-old Albin Kurti, a former leader of the non-violent student movement; Flora Brovina, a prominent pediatrician and human rights activist; Ukshin Hoti, a Harvard graduate considered by some to be a possible future leader of Kosovo; and, Bardhyl Caushi, Dean of the School of Law, University of Pristina. Clearly, the resolution of these cases is critical to any real effort at reconciliation in Kosovo. This human suffering, Mr. Speaker, must not be allowed to continue. Action must be taken by the United States and the international community as a whole. Among the suggestions made, which I would like to share with my colleagues, are the following: First, get rid of Milosevic. Little if anything can be done in Kosovo or in the Balkans as a whole until there is democratic change in Serbia; Second, bring greater attention to the imprisoned Albanians in Serbia, and keep the pressure on the Milosevic regime to release them immediately and without condition; Third, rein in extremists on both sides, Albanian and Serb, in Kosovo with a more robust international presence, including the deployment of the additional international police as requested by the UN Administrator; Fourth, find alternative networks for improved distribution of assistance to the displaced in Serbia; Fifth, consider additional third-country settlement in the United States and elsewhere for those groups most vulnerable and unable to return to their homes, like the Roma and those who evaded military service as urged by NATO. Mr. Speaker, as Chairman of the Helsinki Commission, I intend to pursue some of these suggestions with specific legislative initiatives, or through contacts with the Department of State. I hope to find support from my fellow Commissioners and other colleagues. Having heard of the suffering of so many people, we cannot neglect to take appropriate action to help, especially in a place like Kosovo where the United States has invested so much and holds considerable influence as a result.

  • Kosovo’s Displaced and Imprisoned (Pts. 1 – 3)

    This hearing focused on former residents of Kosovo who were forced to leave their homes because of the conflict. Slobodan Milosevic was identified as a key figure in the displacement and the commissioners and witnesses discussed the possibility of the end of his regime.

  • Hearing Announced on Kosovo's Displaced and Imprisoned

    WASHINGTON—The Commission on Security and Cooperation in Europe today announced a forthcoming hearing: Kosovo’s Displaced and Imprisoned Monday, February 28 2:00 p.m. to 4:00 p.m. Room B-318, Rayburn House Office Building   Open to Members, Staff, Public and Press Scheduled to testify: Bill Frelick, Director of Policy, U.S. Committee for Refugees His Grace Artemije, Serbian Orthodox Bishop of Prizren and Raska Andrzej Mirga, Co-Chair of the Council of Europe Specialists Group on Roma and Chairman of the Project on Ethnic Relations Romani Advisory Board Susan Blaustein, Senior Consultant, International Crisis Group Approximately two years ago, a decade of severe repression and lingering ethnic tensions in Kosovo erupted into full-scale violence, leading eventually to NATO intervention in early 1999 and UN administration immediately thereafter. The conflict in Kosovo was ostensibly between the Serbian and Yugoslav forces controlled by Yugoslav President Slobodan Milosevic—since indicted for war crimes—on the one hand, and the Kosovo Liberation Army which arose from more militant segments of Kosovo’s Albanian majority on the other. As with previous phases of the Yugoslav conflict, however, the primary victims have largely been innocent civilians. Over one million ethnic Albanians were displaced during the conflict, as well as over one hundred thousand Serbs and tens of thousands of Roma in the aftermath of the international community’s intervention. Senseless atrocities were frequently committed throughout this process of forced migration. Many remain unable to return, and the recent violence in the northern city of Mitrovica demonstrates the continued volatility of the current situation. Meanwhile, a large number of Kosovar Albanians, removed from the region while it was still under Serbian control, languish in Serbian prisons to this day. The February 28 hearing intends to focus on the plight of these displaced and imprisoned people from Kosovo, as well as the prospects for addressing quickly and effectively their dire circumstances.

  • Change in Croatia

    Mr. Speaker, in October of last year, I expressed concerns in this Chamber on the condition of democracy in Croatia.   At that time, the leadership of Croatia was resisting the transition towards free elections, stalling the construction of democratic institutions, flaunting the rule of law, and squashing ethnic diversity. Those that held power were maintaining it in two significant ways. The first was through the manipulation of the political system to their advantage, including, in particular, efforts to control the media and the unwillingness to allow free and fair elections. Second, there was heavy reliance on nationalist passions for support. Zagreb's policies swayed the loyalties of Croats in neighboring Bosnia and made it difficult for the displaced Serb population to return to the country.   Since last October, things have changed drastically and for the better. In the Parliamentary election of January 3, the desire of the people for change was manifested as the party that had ruled since the fall of communism was defeated by an opposition coalition led by the new Prime Minister, Ivica Racan. Meanwhile, in a special presidential election on February 7 to succeed the late Franjo Tudjman, Stipe Mesic won on promises of reform, of a more democratic political system with diminished power for the presidency, of greater cooperation with The Hague in the prosecution of war criminals, of progress in the implementation of the Dayton Accords in Bosnia, and of the return of Croatia's displaced Serb population. These changes have been universally applauded, specifically by Secretary of State Madeleine Albright during her visit to Croatia on February 2. In fact, Mr. Speaker, I join the Secretary of State in commending the new policies of Croatia's leaders, and I complement our able Ambassador to Croatia, William Montgomery, for his role in pressing for democratic change.   Mr. Speaker, it is good that Croatia's new leadership is talking about substantial reform. However, we must be sure that it is not just talk. We must be sure to encourage Croatia to move closer towards full freedom, true justice, and greater prosperity for all of her citizens, regardless of ethnicity. We must continue to press for the surrender to The Hague of those indicted for war crimes. As we do, we must be ready to support Croatia, even as we have been ready to criticize Croatia's shortcomings in the past. Recent violence in southeastern Europe underscores the need for true democracy in the region. In closing, I congratulate Croatia's new leadership and its promise of progress. Now that reform is on the horizon, I am hopeful that Croatia will soon be an integrated partner in European affairs.  

  • Chechen Parliamentarians

    Representative Chris Smith, Chairman of the Commission, addressed the “war of destruction” in Chechnya and the Russian government’s claim of it being an anti-terrorist operation. Smith condemned Russia’s actions on behalf of the Commission and highlighted its application of indiscriminate force on an entire population to punish a handful of guilty. In response to concern from the international community, the Russian Government and military simply claim that the conflict is an internal matter. The witnesses – Seilam Bechaev, Vice President of the Chechen Praliament and Mr. Tourpal-Ali Kaimov, Chairman of the Budget Committee of the Chechen Parliament – discuss the current state of Chechnya and its deterioration since declaring independence in 1997.

  • Promoting and Protecting Democracy in Montenegro

    At this hearing, witnesses warned of the potential for conflict in the Balkans if democracy failed to take hold in Montenegro.  As Chairman Christopher Smith noted, Montenegro had been moving towards democratic reform since 1997 and its leaders distanced themselves from the ethnic violence in neighboring Croatia, Bosnia, and Kosovo. However, in Serbia, Milosevic’s regime was becoming more entrenched. Witness Srdjan Darmanovic, the director of the Center for Democracy and Human Rights in Podgorica, was concerned that without as a serious strategy for preserving peace and stability in the region provided by the West, Milosevic’s regime would start a conflict with Montenegro.

  • Democratization and Human Rights in Central Asia

    Mr. Speaker, I am disappointed that the House schedule did not permit consideration of my resolution, H. Con. Res. 204, which has been co-sponsored by Representative Hoyer, Representative Forbes and Representative McKinney. The resolution voices concern about serious violations of human rights and fundamental freedoms in most states of Central Asia, in particular, substantial noncompliance with OSCE commitments on democratization and the holding of free and fair elections. Among the countries of the former Soviet Union, only in Ukraine and Moldova have sitting presidents lost an election and peacefully left office. We will yet see what happens in Russia, where President Yeltsin has launched another war in Chechnya. It may be too much, given the historical differences between our respective societies, to hope the post-Soviet states could find among their political leaders a George Washington, who could have been king but chose not to be, and who chose to leave office after two terms. But it is not too much to hope that other post-Soviet leaders might emulate Ukraine's former President Leonid Kravchuk or Moldova's former President Mircea Snegur, not to mention Lithuania's Algirdas Brazauskas, who all allowed a peaceful transfer of power. Unfortunately, Mr. Speaker, Central Asian leaders give every indication of intending to remain in office for life. Their desire for unlimited and permanent power means that they cannot implement all OSCE commitments on democracy, the rule of law and human rights, as doing so would create a level playing field for challengers and allow the media to shine the light on presidential misdeeds and high-level corruption. The result has been an entire region in the OSCE space where fundamental OSCE freedoms are ignored while leaders entrench themselves and their families in power and wealth. To give credit where it is due, the situation is least bad in Kyrgyzstan. President Akaev, a physicist, is the only Central Asian leader who was not previously the head of his republic's Communist Party. One can actually meet members of parliament who strongly criticize President Akaev and the legislature itself is not a rubber stamp body. Moreover, print media, though under serious pressure from the executive branch, exhibit diversity of views and opposition parties function. Still, in 1995, two contenders in the presidential election were disqualified before the vote. Parliamentary and presidential elections are approaching in 2000. Kyrgyzstan's OSCE partners will be watching carefully to see whether they are free and fair. Until the mid-1990s, Kazakstan seemed a relatively reformist country, where various political parties could function and the media enjoyed some freedom. But President Nazarbaev dissolved two parliaments and single-mindedly sought to accumulate sole power. In the last few years, the regime has become ever more authoritarian. President Nazarbaev has concentrated all power in his hands, subordinating to himself all other branches and institutions of government. A constitutional amendment passed in October 1999 conveniently removed the age limit of 65 to be president. The OSCE judged last January's presidential elections, from which a leading opposition contender was barred as far short of OSCE standards. Last month's parliamentary election, according to the OSCE, was “severely marred by widespread, pervasive and illegal interference by executive authorities in the electoral process.” In response, President Nazarbaev has attacked the OSCE, comparing it to the Soviet Communist Party's Politburo for trying to “tell Kazakstan what to do.” Tajikistan has suffered the saddest fate of all the Central Asian countries; a civil war that killed scores of thousands. In 1997, the warring sides finally ceased hostilities and reached agreement about power-sharing, which permitted a bit of hopefulness about prospects for normal development and democratization. It seems, however, that the accord will not ensure stability. Tajikistan's Central Election Commission refused to register two opposition candidates for the November 6 presidential election. The sole alternative candidate registered has refused to accept the results of the election, which, according to official figures, current President Emomaly Rakhmonov won with 97 percent of the vote, in a 98 percent turnout. Those numbers, Mr. Speaker, say it all. The OSCE properly declined to send observers. Benighted Turkmenistan practically beggars description. This country, which has been blessed with large quantities of natural gas, has a political system that combines the worst traits of Soviet communism with a personality cult seen today in countries like Iraq or North Korea. No dissidence of any kind is permitted and the population enjoys no human rights. While his impoverished people barely manage to get by, President Niyazov builds garish presidential palaces and monuments to himself. The only registered political party in Turkmenistan is the Democratic Party, headed by President Niyazov. In late October he said the people of his country would not be ready for the stresses and choices of a democratic society until 2010, adding that independent media are “disruptive.” On December 12, Turkmenistan is holding parliamentary “elections,” which the OSCE will not bother to observe. Finally, we come to Uzbekistan. The Helsinki Commission, which I chair, held hearings on democratization and human rights in Uzbekistan on October 18. Despite the best efforts of Uzbekistan's Ambassador Safaev to convince us that democratization is proceeding apace in his country, the testimony of all the other witnesses confirmed the widely held view that after Turkmenistan, Uzbekistan is the most repressive country in Central Asia. No opposition political activity is allowed and media present only the government's point of view. Christian denominations have faced official harassment. Since 1997, a massive government campaign has been underway against independent Muslim believers. In February of this year, explosions rocked Tashkent, which the government described as an assassination attempt by Islamic radicals allied with an exiled opposition leader. Apart from elections, a key indicator of progress towards democratization is the state of media freedom. On October 25-27, an International Conference on Mass Media in Central Asia took place in Bishkek, Kyrgyzstan. Not surprisingly, Turkmenistan did not allow anyone to attend. The other participants adopted a declaration noting that democratization has slowed in almost all Central Asian states, while authoritarian regimes have grown stronger, limiting the scope for genuine media freedom as governments influence the media through economic means. I strongly agree with these sentiments. The concentration of media outlets in pro-regime hands, the ongoing assault on independent and opposition media and the circumscription of the media's legally-sanctioned subject matter pose a great danger to the development of democracy in Central Asia. Official statistics about how many media outlets have been privatized cover up an alarming tendency towards government monopolization of information sources. This effectively makes it impossible for citizens to receive unbiased information, which is vital if people are to hold their governments accountable. Mr. Speaker, it is clear that in Central Asia, the overall level of democratization and human rights observance is poor. Central Asian leaders make decisions in a region far from Western Europe, close to China, Iran and Afghanistan, and they often assert that “human rights are only for the West” or the building democracy “takes time.” But delaying steps towards democracy is very risky in the multi-ethnic, multi-religious region of Central Asia, where many people are highly educated and have expectations of faster change. If it does not come, tensions and conflicts could emerge that could endanger security for everyone. To lessen these risks, continuous pressure will be needed on these countries to move faster on democracy. Even as the United States pursues other interests, we should give top priority to democracy and respect for human rights, or we may live to regret not doing so.

  • Chechen Crisis and its Implications for Russian Democracy

    This hearing of the Commission on Security and Cooperation in Europe was held to discuss the renewed military action taken against Chechnya in response to terrorist bombings. There is extensive discussion on the ramification of Russian human rights violations for the state of Russian Democracy. Additionally, there are several arguments that the war could destabilize the Caucus region.

  • Crackdown in Belarus

    Mr. President, just a few weeks ago, many of my Senate colleagues met a young, dynamic parliamentarian from Belarus, Mr. Anatoly Lebedko, right here on the Senate floor. He impressed us with his dedication and commitment as he advocates for democracy and the rule of law in his home country currently being rule by a repressive regime. You can imagine how shocked and concerned I was to receive a call from the State Department this week informing me Mr. Lebedko had been picked up by the authorities as part of the latest crackdown in Belarus. I am sure my colleagues who met Mr. Lebedko share my concern for his well-being and for the safety of all of those struggling for democracy and freedom of speech.   Eight years after the break-up of the Soviet Union, Belarus finds itself increasingly isolated from the rest of Europe as a direct consequence of the authoritarian policies pursued by its present government which have stifled that country's fledgling democracy and market economy. The Helsinki Commission, which I co-chair, held a hearing a few months ago to assess democracy and human rights in Belarus. In July, a number of Commission members and I had the opportunity to hear Mr. Lebedko address the annual Parliamentary Assembly meeting of the Organization of Security and Corporation in Europe (OSCE ) in St. Petersburg, where he outlined developments in Belarus and the prospects for genuine political and economic reforms. Clearly, the cycle of political and economic stagnation in Belarus will only come to an end through genuine dialogue based on human rights, democracy and the rule of law.   The Helsinki Commission has called on Belarus to adopt meaningful political and economic reforms in keeping with that country's obligations as a participating State of the OSCE. On September 3, the government and opposition in Belarus began consultations at the office of the OSCE Advisory and Monitoring Group in Minsk. These talks, long urged by the international community and the Helsinki Commission could represent an important step in beginning the process of reversing the bleak human rights and democratization picture in Belarus.   Until recently I had been encouraged by what appeared to be the start of a dialog between the Belarusian Government and opposition. However, there have been a number of disturbing developments, including continued harassment of opposition members, a renewed crackdown on the independent media in recent weeks, and now the detainment of Mr. Lebedko.   We recently wrote to Secretary of State Albright voicing concern about the situation in Belarus and called on the State Department to intensify its work in this area. This most recent development underscores our concerns. I ask unanimous consent that copies of our letter to the Secretary of State, a letter we sent to the President of Belarus, along with recent news clips be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: Commission on Security and Cooperation in Europe, Washington, DC, October 15, 1999. Hon. Madeleine Korbel Albright, Secretary of State, Department of State, Washington, DC.   Dear Madam Secretary: We are writing to voice our growing concern over violations of the principles of democracy, human rights, and the rule of law in Belarus under the authoritarian leadership of Aleksandr Lukashenka, who remains in power despite the expiration of his legal presidential mandate last July. The fledgling opposition in Belarus deserves both our moral and material support as they seek to overcome the legacy of Communism and authoritarianism and build a democratic society firmly rooted in the rule of law. Many of us recently had an opportunity to meet with Anatoly Lebedko of the United Civic Party of Belarus, a young political leader who, despite personal risk, continues to openly criticize the Lukashenka regime. His personal safety is of particular concern as he returns to Belarus following an intense crackdown against the opposition. In recent weeks, Lukashenka has reportedly authorized a series of measures designed to further suppress Belarus' already beleaguered opposition. Border controls have apparently been tightened and officials in Minsk and other large cities have been instructed to ban public protests and demonstrations. The few remaining independent opposition newspapers, including Naviny and Kuryer, have likewise come under increased pressure from the authorities. Lukashenka's campaign of harassment and intimidation of the political opposition has intensified. Former Premier Mikhail Chigir, arrested in March on politically-motivated charges, remains imprisoned. A number of other former government officials and political opposition figures continue to be subjected to lengthy pre-trial detention on similar changes. In a particularly disturbing development, several prominent opposition leaders, including Viktor Gonchar, Tamara Vinnikova, and Yuri Zakharenka, have simply disappeared. Madam Secretary, we urge you to intensify pressure on the Lukashenka regime for the immediate release of all political detainees in Belarus and a full accounting of those who have disappeared. We further urge you to ensure that adequate resources are made available on an urgent basis to support those programs aimed at strengthening independent media, human rights, civil society, independent trade unions and the democratic opposition in Belarus. Sincerely, Christopher H. Smith, M.C., Chairman. Steny H. Hoyer, M.C., Ranking Member, House. William V. Roth, Jr., U.S.S. Benjamin L. Cardin, M.C. Alcee L. Hastings, M.C. Ben Nighthorse Campbell, U.S.S., Co-Chairman. Trent Lott, U.S.S. Kay Bailey Hutchison, U.S.S. Frank R. Wolf, M.C. Jesse Helms, U.S.S. Commission on Security and Cooperation in Europe, Washington, DC, October 19, 1999.   His Excellency Alyaksandr Lukashenka, President, Republic of Belarus, Minsk, Belarus. Dear President Lukashenka: We are writing to express our serious and growing concerns about recent developments in Belarus. Until recently, we were becoming more hopeful that meaningful dialogue between the Belarusian Government and opposition would take place. Within the last month, however, violations of the principles of human rights, democracy and rule of law have come to our attention that, frankly, lead us to question your government's seriousness in finding a solution to the problems of democracy in Belarus. We were disturbed to learn of the arrest earlier today of democratic opposition leader Anatoly Lebedko, for allegedly participating in “an unsanctioned march.” Our concerns include the following: The continued imprisonment of former Prime Minister Mikhail Chygir, who was supposed to be released from investigative detention where he has been held for six months. The disappearances of former Central Election Commission Chairman Viktor Gonchar, his colleague Yuri Krasovsky, former Interior Minister Yuri Zakharenka, and former National Bank Chair Tamara Vinnikova. Increased attempts to stifle freedom of expression, including the annulling of registration certificates of nine periodicals, and especially the harassment of Naviny through the use of high libel fees clearly designed to silence this independent newspaper. The denial of registration of non-governmental organizations, including the Belarusian Independent Industrial Trade Union Association. The police raid, without a search warrant, on the human rights organization Viasna-96, and confiscation of computers which stored data on human rights violations. Criminal charges against opposition activist Mykola Statkevich and lawyer Oleg Volchek and continued interrogation of lawyer Vera Stremkovskaya. The initial attack by riot police against peaceful protestors in last Sunday's Freedom March. Your efforts to address these concerns would reduce the climate of suspicion and fear that currently exists and enhance confidence in the negotiation process which we believe is so vital to Belarus' development as a democratic country in which human rights and the rule of law are respected. Sincerely, Christopher H. Smith, M.C., Chairman. Steny H. Hoyer, M.C., Ranking Member.   From the Washington Post, Sept. 30, 1999: Belarus Opposition Paper to Close. Minsk, Belarus. A leading opposition newspaper in Belarus said it was shutting down following a court order to pay an exorbitant fine, to the minister of security over an article he said injured his reputation. The Naviny newspaper, which has come under frequent pressure from Belarus's authoritarian government, said in its last issue that “both the suit and the trial were a cover-up for a carefully planned campaign by the authorities seeking to close down our newspaper.”   From the Washington Post, Oct. 19, 1999 Belarusan Officials Blame West for Riots. Minsk, Belarus. Belarusan authorities accused the West of being behind street clashes between some 5,000 opposition demonstrators and police in which at least 92 people were arrested. But Dmitri Bondarenko of the opposition Khartiya-97 movement said police started the fighting and another opposition member said authorities have long provoked violence by repression. The fighting broke out Sunday in Minsk following an authorized rally by about 20,000 people. The demonstrators were protesting the disappearance of several leading opposition figures and President Alexander Lukashenka's drive to reunite Belarus, a former Soviet republic, with Russia.

  • Central Asia: The “Black Hole” of Human Rights

    Mr. Speaker, I rise today to introduce a resolution on the disturbing state of democratization and human rights in Central Asia. As is evident from many sources, including the State Department's annual reports on human rights, non-governmental organizations, both in the region and the West, and the work of the Helsinki Commission, which I chair, Central Asia has become the “black hole” of human rights in the OSCE space. True, not all Central Asia countries are equal offenders. Kyrgyzstan has not joined its neighbors in eliminating all opposition, tightly censoring the media and concentrating all power in the hands of the president, though there are tendencies in that direction, and upcoming elections in 2000 may bring out the worst in President Akaev. But elsewhere, the promise of the early 1990's, when the five Central Asian countries along with all former Soviet republics were admitted to the Conference on Security and Cooperation in Europe, has not been realized. Throughout the region, super-presidents pay lip service to OSCE commitments and to their own constitutional provisions on separation of powers, while dominating the legislative and judicial branches, crushing or thwarting any opposition challenges to their factual monopoly of power, and along with their families and favored few, enjoying the benefits of their countries' wealth. Indeed, though some see the main problem of Central Asia through the prism of real or alleged Islamic fundamentalism, the Soviet legacy, or poverty, I am convinced that the essence of the problem is more simple and depressing: presidents determined to remain in office for life must necessarily develop repressive political systems. To justify their campaign to control society, Central Asian leaders constantly point to their own national traditions and argue that democracy must be built slowly. Some Western analysts, I am sorry to say, have bought this idea, in some cases, quite literally, by acting as highly paid consultants to oil companies and other business concerns. But, Mr. Speaker, building democracy is an act of political will above all. You have to want to do it. If you don't, all the excuses in the world and all the state institutions formed in Central Asia ostensibly to promote human rights will remain simply window dressing. Moreover, the much-vaunted stability offered by such systems is shaky. The refusal of leaders to allow turnover at the top or newcomers to enter the game means that outsiders have no stake in the political process and can imagine coming to power or merely sharing in the wealth only be extra-constitutional methods. For some of those facing the prospect of permanent exclusion, especially as living standards continue to fall, the temptation to resort to any means possible to change the rules of the game, may be overwhelming. Most people, however, will simply opt out of the political system in disillusionment and despair. Against this general context, without doubt, the most repressive countries are Turkmenistan and Uzbekistan. Turkmenistan's President Niyazov, in particular, has created a virtual North Korea in post-Soviet space, complete with his own bizarre cult of personality. Turkmenistan is the only country in the former Soviet bloc that remains a one-party state. Uzbekistan, on the other hand, has five parties but all of them are government-created and controlled. Under President Islam Karimov, no opposition parties or movements have been allowed to function since 1992. In both countries, communist-era controls on the media remain in place. The state, like its Soviet predecessor, prevents society from influencing policy or expressing its views and keeps the population intimidated through omnipresent secret police forces. Neither country observes the most fundamental human rights, including freedom of religion, or permits any electoral challenges to its all-powerful president. Kazakstan's President Nursultan Nazarbaev has played a more clever game. Pressed by the OSCE and Western capitals, he has formally permitted opposition parties to function, and they did take part in the October 10 parliamentary election. But once again, a major opposition figure was not able to participate, and OSCE/ODIHR monitors, citing many shortcomings, have criticized the election as flawed. In general, the ability of opposition and society to influence policymaking is marginal at best. At the same time, independent and opposition media have been bought, coopted or intimidated out of existence or into cooperation with the authorities, and those few that remain are under severe pressure. Tajikistan suffered a devastating civil war in the early 1990's. In 1997, war-weariness and a military stalemate led the disputants to a peace accord and a power-sharing agreement. But though the arrangement had promise, it now seems to be falling apart, as opposition contenders for the presidency have been excluded from the race and the major opposition organization has decided to suspend participation in the work of the National Reconciliation Commission. Mr. Speaker, along with large-scale ethnic conflicts like Kosovo or Bosnia, and unresolved low-level conflicts like Nagorno-Karabakh and Abkhazia, I believe the systemic flouting of OSCE commitments on democratization and human rights in Central Asia is the single greatest problem facing the OSCE. For that reason, I am introducing this resolution expressing concern about the general trends in the region, to show Central Asian presidents that we are not taken in by their facade, and to encourage the disheartened people of Central Asia that the United States stands for democracy. The resolution calls on Central Asian countries to come into compliance with OSCE commitments on democracy and human rights , and encourages the Administration to raise with other OSCE states the implications for OSCE participation of countries that engage in gross and uncorrected violation of freely accepted commitments on human rights . Mr. Speaker, I hope my colleagues will join me, Mr. Hoyer, and Mr. Forbes in this effort and we welcome their support.

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