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OSCE Meeting Examines Hate Crimes and Racist, Xenophobic, and Anti-Semitic Internet Propaganda
Wednesday, June 30, 2004

  “I disapprove of what you say, but I will defend
to the death your right to say it.”

– Voltaire

By Erika Schlager
CSCE Counsel on International Law

On June 16 and 17, 2004, the Organization for Security and Cooperation in Europe’s participating States met in Paris for a meeting on “the Relationship between Racist, Xenophobic and Anti-Semitic Propaganda on the Internet and Hate Crimes.”  The meeting was part of an OSCE focus this year on racism, xenophobia, discrimination, and anti-Semitism and, like two other special human dimension meetings scheduled for this year, was mandated by the OSCE Ministerial Meeting held Maastricht last December.

Conferences on anti-Semitism (held in Berlin, April 28-29) and racism, discrimination and xenophobia (to be held in Brussels, September 13-14) are intended to build on high-level meetings already held last year in Vienna on those same subjects. The Paris meeting focused on a specific issue – the Internet - related to the overall topic.  

The convocation of a special meeting on the relationship between racist, xenophobic and anti-Semitic propaganda on the Internet and hate crimes was the product of advocacy by non-governmental organizations such as IN@CH, the International Network Against Cyber Hate, and the leadership of the Government of France.  IN@CH had previously raised awareness of the problem of hate mongering on the Internet at the OSCE’s annual Human Dimension Implementation Meeting in 2002 and, at the 2003 Human Dimension Implementation Meeting, hosted a side-event on the subject.  Historically, the OSCE has been most effective when governments gain a sense of ownership of an issue and exercise leadership in moving it forward.  Non-governmental organizations typically play a critical role in identifying concrete human rights problems and bringing them to the attention of governments.

The U.S. Delegation to the Paris meeting was jointly led by Ambassador Stephan M. Minikes, head of the U.S. Mission to the OSCE; R. Alexander Acosta, Assistant Attorney General for Civil Rights; and Dan Bryant, Assistant Attorney General for Legal Policy.  Markham Erickson, General Counsel from Net Coalition; Brian Marcus, Director of Internet Monitoring; Anti-Defamation League, and Ronald Rychlak, Professor of Law and Associate Dean, University of Mississippi Law School, joined the delegation as Public Members. 

Other members of the delegation came from the Department of State, the Department of Justice, and the Helsinki Commission.  The United States Delegation engaged fully in the 2-day meeting, making presentations in all formal sessions and side events, holding bilateral meetings, and conducting consultations with non-governmental organizations.  Assistant Attorney General Dan Bryant was a keynote speaker.

Although the meeting was mandated to examine the relationship between hate propaganda on the Internet and hate crimes, few participants actually discussed the nexus between these two phenomena.  For many participants, the existence of a cause-and-effect relationship was simply an article of faith or intuition, and did not lead to an exploration of the nature of that relationship.  As a consequence, the meeting made only a marginal contribution to an understanding of which populations might be most vulnerable to the influence of hate propaganda, whether hate propaganda on the Internet fosters some particular kinds of hate crimes more than others, or whether the effect of hate propaganda on the Internet plays a different role in fostering violent crimes than, for example, weak law enforcement or public officials who make or refuse to condemn racist, anti-Semitic or xenophobic remarks.  It is not clear whether web-based hate propaganda is related to spikes in hate crimes that have occurred in some countries in recent years, or why, as seems to be the case, some places with unfettered Internet access have relatively lower levels of hate crimes than other places with similarly unfettered Internet access.

Nevertheless, participants did address a broad range of subjects related to hate propaganda, hate crimes and the Internet over the course of the two days.  Formal sessions focused on “Legislative Framework, Including Domestic and International Legislation Regarding Propaganda on the Internet and Hate Crimes,” “The Nature and Extent of the Relationship between Racist, Xenophobic and anti-Semitic Propaganda on the Internet and Hate Crimes,” “Public and Private Partnerships in the Fight Against Racism, Xenophobia and Anti-Semitism on the Internet – Best Practices,” and “Promoting Tolerance on and through the Internet – Best Practices to Educate Users and Heighten Public Awareness.”   Side events were held on “Guaranteeing Media Freedom on the Internet,” “‘The IN@CH Network’ - Dealing with Cyber Hate on a Daily Basis,” “Identifying Examples of Hate Speech: A BBC Monitoring Project,” “Filtering: Princip, the Solution that goes beyond Key Words,” “Satellite Television and Anti-Semitism: How to Combat the Dissemination in Europe of Racist and Anti-Semitic Propaganda through Satellite Television?” and “Promoting Awareness of Anti-Semitism in the European Classroom: Teacher Training, Curricula, and the Internet.”

A number of speakers, including U.S. Government representatives, discussed the legal mechanisms for action that might be taken when hate propaganda rises to the level of a crime in and of itself, such as when the hate propaganda constitutes a threat or incitement to a criminal action.  Many speakers discussed the role of non-governmental organizations in monitoring and facilitating the removal of hate sites from the web when they violate the terms of agreements with their Internet service providers (ISPs).  Some participants described ways in which the pernicious effects of hate speech can be mitigated or countered.  For example, a Canadian non-governmental organization, Media Awareness Network, made a presentation on programs in Canadian schools designed to teach children to distinguish between hate propaganda sites and legitimate information sources.  Vividly illustrating the challenges and risks for those organizations which monitor and report on the activities of extremist hate groups, the offices of People Against Racism, a Slovak non-governmental organization that participated in Paris meeting, were burned out only weeks before the meeting opened.

Although there was broad agreement on the goal of combating hate propaganda, some participants flagged concerns about the methods that might be used to that end.  For example, industry representatives provided some insight regarding difficulties faced due to the technological challenges of tracking, filtering, or blocking hate propaganda transmitted through the Internet, emails, or text messaging.  Some concepts of regulation, they argued, could not be effectively implemented given the state of current technology.  Asking ISPs to be responsible for screening all content on the web is not feasible, anymore than making telephone companies responsible for everything that gets said over the telephone.

A few participants drew attention to factors other than hate propaganda on the Internet that may contribute to hate crimes.  A Russian non-governmental representative, for example, remarked that there was more anti-Semitism in the Russian State Duma than on Russian-language web sites.  And, illustrating the complexities of deciding exactly what constitutes hate propaganda, one non-governmental representative argued that evangelical Christian sites that reach out to Jews should be considered anti-Semitic.  Similarly, the Russian delegation identified the web sites of the Jehovah’s Witnesses and Hare Krishnas as “promoting hate doctrines.”

Other concerns were voiced as well.  Some non-governmental groups suggested that ISPs were ill-suited to determine whether web sites constituted hate propaganda or not.  One described an ISP that removed an innocuous site devoted to English philosopher John Stuart Mill after that non-governmental organization – testing the bases upon which ISPs would act – urged the ISP to take down the allegedly racist site. Regulation of hate propaganda by ISPs, they concluded, lacked transparency and accountability.

Some speakers warned that combating hate propaganda could be used as a pretense for sanctioning views disfavored by the regime.  The International League for Human Rights suggested that states with “weak democratic institutions and traditions” should not be entrusted with additional powers of control beyond those that already exist.  Indeed, some speakers argued there have already been instances where laws against incitement to racial hatred (or similar laws) have been misapplied for political or other purposes.  The ongoing fight against terrorism, they suggested, increases that danger.  In fact, only days after the Paris meeting concluded [June 22], the Paris-based watchdog Reporters without Borders released a report entitled “Internet Under Surveillance,” documenting repression of the Internet around the globe.  One of the U.S. recommendations made during the meeting was that the OSCE Representative on Freedom of the Media should examine whether hate speech laws are being enforced in a discriminatory or selective manner or misused to suppress political dissent.  The full texts of statements circulated at the Paris meeting by the United States and other participants are available through the OSCE’s Internet web site at http://www.osce.org/events/conferences/anti-racism.

One of the sub-texts of the meeting was the putative “Atlantic Divide.” In the context of discussions of “cyber hate” and hate crimes, this phrase was used to describe the perceived gulf between the United States’ and Europe’s approaches to hate propaganda.  According to the adherents of the “Atlantic divide” theory, the United States is a free-speech Wild West, where speech has no limitations or legal consequences.  “Europe,” in contrast, is portrayed as a unified region speaking with one voice, populated by those who have wisely learned from the horrors of World War II that dangerous speech can and must be sanctioned and that governments are easily capable of performing this task and do so as a matter of course.  The “Atlantic Divide” perception was fostered by Robert Badinter, former French Minister of Justice and current president of the OSCE Court of Arbitration and Conciliation, who, in a keynote address, dramatically appealed to the United States to “stop hiding behind the first amendment.”

Others, however, implicitly or explicitly rejected this overly simplistic image.  In the United States, a long chain of legal authority recognizes that the right to free speech and freedom of expression is not absolute.  As U.S. Public Member Robert Rychlak noted, “When speech crosses the line and becomes more than speech – when it presents a clear and present danger – the authorities must be prepared to step in and take legal action.  At that time, the speech may constitute an actual threat, true harassment, or be an incitement to imminent lawlessness.”  Department of Justice officials separately gave examples of numerous recent cases where individuals were prosecuted for sending email messages that rose to the level racially motivated threats.  While it is important not to over-read these or related cases – criminal sanctions based purely on one’s opinion remain prohibited – they should dispel the misimpression that there are no limitations whatsoever on speech or the consequences of speech in the United States.

Conversely, the context of the meeting also provided an opportunity to reflect on the image of Europe as a continent uniformly bound in a single regulatory approach to hate speech.  In reality, the national laws relating to hate speech of individual European countries vary considerably; what constitutes prohibited speech in one country may be permitted in the next.  Moreover, both national courts and the European Court of Human Rights apply balancing tests to speech restrictions that, while not identical to balancing tests applied by U.S. courts, are not entirely dissimilar.  The Hungarian Constitutional Court, for example, in May 2004 held that a proposed hate speech law would violate the free speech provisions of the Hungarian Constitution.  Just before the opening of the Paris meeting, on June 13, the French Constitutional Council struck down parts of a new law governing communication over the Internet (adopted to implement a June 8, 2000, European Union directive on electronic commerce).

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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    This hearing discussed the escalating tensions in the Balkans and potential actions by NATO, the OSCE and the U.S. to address the situation.   Witnesses expressed their concern that the latest outbreak of violence threatened to undermine efforts by the international community to bring a degree of order to the region.  This hearing also discussed the OSCE’s work in Kosovo.

  • Draft Law on Religion Threatens Freedom in Kazakhstan

    Mr. Speaker, I rise to voice concern about attempts underway in Kazakhstan to limit freedom of religion. Currently, several drafts of amendments to that country's 1992 law on religion are under consideration. In the view of the Keston News Service, one of the world's most respected organizations on religious liberty, the passage and implementation of these amendments would move Kazakhstan into the ranks of former Soviet republics with the ``harshest climate for religious freedom.'' Draft amendments to the religion law have surfaced in October 2000, as well as in January and February of this year. Oddly, they lack any indication of origin, which allows government officials to decline to comment on them. It seems clear, however, that the drafts in January and February did not include some of the most onerous and egregious earlier provisions, perhaps in response to criticism. Nevertheless, what remains is more than enough to evoke serious concern. For example, Amendment 5 of the January and February drafts prohibits ``the activity of religious sects in the Republic of Kazakhstan.'' Amendment 16 bans ``the preparation, preservation and distribution of literature, cine-photo- and video-products and other materials containing ideas of religious extremism and reactionary fundamentalism.'' Amendment 11 of the February version introduces the provision that the charter of all religious organizations “is subject to registration.” Furthermore, Amendment 6 of the February draft would permit citizens of Kazakhstan, ``foreign citizens and persons without citizenship'' to conduct missionary activity in Kazakhstan “only with the permission of the competent state organ.” The drafts also introduce harsh penalties for conducting missionary activity without permission. January's version stipulates fines ranging between two and five month's wages, or up to one year corrective labor, or up to two months in jail. The February draft strengthens these draconian provisions: those convicted could be sentenced to two years of corrective labor, up to six months arrest, or deprivation of freedom for up to one year. Amendment 10 of the February draft would give the state enormous power over religious practice by the people of Kazakhastan--the activity of foreign religious organizations on the territory of Kazakhstan, “as well as the appointment of leaders of religious organizations in the Republic by foreign religious centers must take place with the agreement of the corresponding state organs.” Moreover, Amendment 11 requires Islamic religious groups to ``present a document confirming their affiliation with the Spiritual Directorate of Muslims of Kazakhstan.'' To quote Keston News Service, “Any requirement that registration be made compulsory would violate Kazakhstan's international human rights commitments, as would a ban on missionary activity and a requirement for state involvement in the selection of leaders for any religious group.” Because these drafts have been ``unofficial,'' even local representatives of the Organization for Security and Cooperation in Europe (OSCE) in Almaty have been unable to obtain any official texts. Nevertheless, on March 6, the head of OSCE center, Herbert Salber, communicated his concerns to the chairman of Kazakhstan's Senate (the upper chamber) of parliament. Mr. Salber described the drafts as having “masses of shortcomings” and running “counter to international legal norms.” Mr. Speaker, if these draft amendments to the religion law are passed, the effect could be to make only Islam and Russian Orthodoxy the permitted religions in Kazakhstan. Other faiths and religious organizations would be severely restricted if not actually outlawed. It appears that attempts are being made to pass this legislation on March 16, 2001 without even a public reading. Mr. Speaker, I hope the Bush administration will join me in conveying to the leaders of Kazakhstan that we are deeply concerned by this initiative to turn the clock back and to limit the rights of religious believers in Kazakhstan.

  • Tribute to Karen S. Lord

    Mr. Speaker, the Commission on Security and Cooperation in Europe lost one of its most noble, most gifted, dedicated, effective, and kind members of our staff, Karen Lord, to the ravages of cancer on January 29 of this year. Karen was only 33--a heart-wrenching tragedy for her family, and all of us who knew and loved her. Since 1995, Karen has faithfully served as counsel for Freedom of Religion on the staff of the commission of which I serve as the cochairman. In this capacity, she diligently defended the principle of “religious liberty for all'' and became one of the commission's most trusted advisors on the subject. We will miss her wise counsel, her demonstrable passion, her wealth of knowledge, and her energetic advocacy on behalf of the persecuted church.   As counsel for Freedom of Religion, Karen meticulously monitored the fundamental “freedom of thought, conscience, religion and belief'' and always would take the initiative when violations arose. She was recognized and respected in this city, within the U.S. Government, in Europe and in Central Asia as a knowledgeable, passionate, and hard-working expert on the right to freely profess and practice one's faith. She was intolerant of religious intolerance and was a champion to all those who were disenfranchised and dispossessed. She lived the gospel, especially our Lord's admonition in Matthew, 25, when our Lord said, ``When I was in prison, did you visit me.'' “Whatsoever you do to the least of my brethren you do to me.'' Time and time again Karen interceded on behalf of those who were unjustly imprisoned by dictators and despotic governments. Karen always took the time and had the energy to pursue the truth, and to chronicle in a meticulous way the information about someone who was persecuted or harassed by their government, in some way put at risk because of their faith. Karen played an active role as a member of numerous U.S. delegations to meetings of the Organization on Security and Cooperation in Europe, and she was selected and served on a panel of religious liberty experts for the OSCE's Office of Democratic Institutions and Human Rights.   Whether the interaction was with nongovernmental organizations, religious believers and clergy, academics or government authorities, Karen was an active listener, an informed interlocutor, and a vigorous and respectful advocate. She was a force with whom others had to reckon, because she was so strong and she would always stand up, on behalf of those who were persecuted for their faith. Karen surely distinguished herself as the expert on laws affecting religious communities in various countries of the OSCE region, whether the issues were in the Caucasus, Central Asia, Western Europe, or Eastern Europe. Just 3 months ago, even while she was suffering the devastation and the terrible pain of cancer, she participated in conferences in Sofia, Bulgaria and Baku and Azerbaijan, which were focused on religious liberty, rule of law and international standards for protection of the freedom of conscience. She often served as an expert at various venues in other countries with the U.S. Department of State and for the Immigration and Naturalization Service. Members of the commission knew that they could depend on her and her thorough knowledge and vigorous advocacy of this precious freedom of religion. Time and again as I sat in the chair holding hearings on religious freedom, I would turn to Karen, get her advice and her informed expert opinion.   Karen was a great woman, Mr. Speaker. She was smart, she was articulate, she was a quick study, she was tenacious, and she was breathtakingly courageous. She never uttered a word of complaint. While she was suffering, while she was going through her frightening ordeal, knowing full well what that cancer was doing to her body, she would have a quiet smile on her face and a very, very deep faith in Jesus Christ. She spent much time in prayer. She suffered her agonies of cancer with courage, working on behalf of religious freedom of all people: Muslims, Jews, Catholics, Christians, Pentecostals. Believers of every stripe will miss her. Karen possessed within herself an abiding tranquility--the peace that surpasses all understanding that our Lord spoke of in the Gospel. Mr. Speaker, we will greatly miss Karen Lord. She was a dear friend, and I ask all of the Members of the House to keep her in your prayers. Because hers was a life so faithfully lived, she is no doubt looking down from heaven. She was a wonderful person, she will be missed dearly. Our loss is surely Heaven's gain.

  • Turkey and Possible Military Equipment Sales

    Mr. Speaker, the United States has a longstanding dynamic relationship with our NATO ally, the Republic of Turkey, and I believe that the strength of that relationship relies on forthright candor. I have willingly recognized positive developments in Turkey, and I have sought to present fairly the various human rights concerns as they have arisen. Today, I must bring to my colleagues' attention pending actions involving the Government of Turkey which seem incongruous with the record in violation of human rights. I fear the planned sale of additional military aircraft to Turkey could potentially have further long-term, negative effects on human rights in that country. As Chairman of the Helsinki Commission, I presided over a hearing in March of 1999 that addressed many human rights concerns. The State Department had just released its Country Reports on Human Rights Practices covering 1998. Commissioner and Assistant Secretary of State for Democracy, Human Rights and Labor Harold Hongju Koh noted in testimony before the Commission that ‘serious human rights abuses continued in Turkey in 1998, but we had hoped that the 1998 report would reflect significant progress on Turkey's human rights record. Prime Minister Yilmaz had publicly committed himself to making the protection of human rights his government's highest priority in 1998. We had welcomed those assurances and respected the sincerity of his intentions. We were disappointed that Turkey had not fully translated those assurances into actions.’ I noted in my opening statement, ‘One year after a commission delegation visited Turkey, our conclusion is that there has been no demonstrable improvement in Ankara's human rights practices and that the prospects for much needed systemic reforms are bleak given the unstable political scene which is likely to continue throughout 1999.' Thankfully, eighteen months later I can say that the picture has improved- somewhat. A little over a year ago the president of Turkey's highest court made an extraordinary speech asserting that Turkish citizens should be granted the right to speak freely, urging that the legal system and constitution be ‘cleansed,’ and that existing ‘limits on language’ seriously compromised the freedom of expression. The man who gave that speech, His Excellency Ahmet Necdet Sezer, is the new President of the Republic of Turkey. Last summer several of us on the Commission congratulated President Sezer on his accession to the presidency, saying, in part: We look forward to working with you and members of your administration, especially as you endeavor to fulfill your commitments to the principles of the Helsinki Final Act and commitments contained in other Organization for Security and Cooperation in Europe (OSCE) documents. These human rights fundamentals are the bedrock upon which European human rights rest, the solid foundation upon which Europe's human rights structures are built. It is worth remembering, twenty-five years after the signing of the Final Act, that your predecessor, President Demerel, signed the commitments at Helsinki on behalf of Turkey. Your country's engagement in the Helsinki process was highlighted during last year's OSCE summit in Istanbul, a meeting which emphasized the importance of freedom of expression, the role of NGOs in civil society, and the eradication of torture. Your Presidency comes at a very critical time in modern Turkey's history. Adoption and implementation of the reforms you have advocated would certainly strengthen the ties between our countries and facilitate fuller integration of Turkey into Europe. Full respect for the rights of Turkey's significant Kurdish population would go a long way in reducing tensions that have festered for more than a decade, and resulted in the lengthy conflict in the southeast. Your proposals to consolidate and strengthen democracy, human rights and the rule of law in Turkey will be instrumental in ushering in a new era of peace and prosperity in the Republic. The Helsinki Final Act and other OSCE documents can serve as important guides in your endeavor. We all recall the pending $4 billion sale of advanced attack helicopters to the Turkish army. I have objected to this sale as leading human rights organizations, Turkish and western press, and even the State Department documented the use of such helicopters to attack Kurdish villages in Turkey and to transport troops to regions where civilians were killed. Despite repeated promises, the Turkish Government has been slow to take action which would hold accountable and punish those who have committed such atrocities. And we recently learned of the pending sale of eight even larger helicopters, S-80E heavy lift helicopters for Turkey's Land Forces Command. With a flight radius of over three hundred miles and the ability to carry over fifty armed troops, the S-80E has the potential to greatly expand the ability of Turkey's army to undertake actions such as I just recounted. Since 1998, there has been recognition in high-level U.S.-Turkish exchanges that Turkey has a number of longstanding issues which must be addressed with demonstrable progress: decriminalization of freedom of expression; the release of imprisoned parliamentarians and journalists; prosecution of police officers who commit torture; an end of harassment of human rights defenders and re-opening of non-governmental organizations; the return of internally displaced people to their villages; cessation of harassment and banning of certain political parties; and, an end to the state of emergency in the southeast. The human rights picture in Turkey has improved somewhat in the last several years, yet journalists continue to be arrested and jailed, human rights organizations continue to feel pressure from the police, and elected officials who are affiliated with certain political parties, in particular, continue to be harassed. Anywhere from half a million to 2 million Kurds have been displaced by the Turkish counter insurgency campaigns against the Kurdistan Workers Party, also known as the PKK. The Turkish military has reportedly emptied more than three thousand villages and hamlets in the southeast since 1992, burned homes and fields, and committed other human rights abuses against Kurdish civilians, often using types of helicopters similar to those the Administration is seeking to transfer. Despite repeated promises, the Government of Turkey has taken few steps to facilitate the return of these peoples to their homes, assist them to resettle, or compensate them for the loss of their property. Nor does it allow others to help. Even the ICRC has been unable to operate in Turkey. And, finally, four parliamentarians, Leyla Zana, Hatip Dicle, Orhan Dogÿan, and Selim Sadak, continue to serve time in prison. We cannot proceed with this sale, or other sales or transfers, when Turkey's Government fails to live up to the most basic expectations mentioned above. Mr. Speaker, I think it is also time that the United States establishes an understanding with Turkey and a credible method of consistent monitoring and reporting on the end-use of U.S. weapons, aircraft and service. An August 2000 report from the General Accounting Office (GAO) entitled ‘Foreign Military Sales: Changes Needed to Correct Weaknesses in End-Use Monitoring Program’ was a cause for concern on my part regarding the effectiveness of current end-use monitoring and reporting efforts. While we had been assured that end-use monitoring was taking place and that the United States was holding recipient governments accountable to the export license criteria, the GAO report reveals the failure of the Executive Branch to effectively implement monitoring requirements enacted by Congress. For example, the report points out on page 12: “While field personnel may be aware of adverse conditions in their countries, the Defense Security Cooperation Agency has not established guidance or procedures for field personnel to use in determining when such conditions require an end-use check.” For example, significant upheaval occurred in both Indonesia and Pakistan within the last several years. As a result, the State Department determined that both countries are no longer eligible to purchase U.S. defense articles and services. However, end-use checks of U.S. defense items already provided were not performed in either country in response to the standard. DSCA officials believed that the State Department was responsible for notifying field personnel that the criteria had been met for an end-use check to be conducted. However, DSCA and State have never established a procedure for providing notification to field personnel. Currently, the end-use monitoring training that DSCA provides to field personnel consists of a 30-minute presentation during the security assistance management course at the Defense Institute of Security Assistance Management. This training is intended to familiarize students with end-use monitoring requirements. However, this training does not provide any guidance or procedures on how to execute an end-use monitoring program at overseas posts or when to initiate end-use checks in response to one of the five standards. In the past there have been largely ad hoc attempts to report on the end-use of U.S. equipment. Therefore, I was pleased to support the passage of H.R. 4919, the Security Assistant Act of 2000 that was signed by the President on October 6. Section 703 of this Act mandates that no later than 180 days after its enactment, the President shall prepare and transmit to Congress a report summarizing the status of efforts by the Defense Security Cooperation Agency to implement the End-Use Monitoring Enhancement Plan relating to government-to-government transfers of defense articles, services, and related technologies. I want to commend House International Relations Committee Chairman Ben Gilman for his efforts in trying to make our end-use monitoring and reporting programs effective and accurate. I look forward to working with him and others to ensure that an effective and credible monitoring program is put in place without further delay. We must be consistent in our defense of human rights, and our relations, including our military relations, must reflect that commitment. For this reason, Mr. Speaker, I am not prepared to support the sale of additional weaponry and aircraft to Turkey at this time.

  • Russian Arms Sales to Iran

    Mr. Speaker, there is no greater sponsor of terrorism in the world than the Islamic Republic of Iran. Iran has taken Americans for hostages, given weapons to suicide bombers, and taken the lead in the movement to wipe Israel off the face of the earth. There is no government more radical, more extremist, or more dangerous to our national interests. So why did Vice President Al Gore cut a deal with the Russians to allow weapons sales to Iran? Al Gore himself when he was Senator introduced the Iran-Iraq Arms Nonproliferation Act in 1992. And now he winks and nods to Viktor Chernomyrdin, letting him know it is okay to violate American national interests. Mr. Speaker, the recent bombing of the U.S.S. Cole demonstrated again how serious a threat terrorism is to America and her allies. It is a violation of law to tell Russians it is okay to sell arms to Iran. Worse, it places American lives at risk. And now they are trying to hide it from Congress. We expect better judgment from a man who wants to be our President.

  • Report on the Russian Presidential Elections March 2000

    On March 26, 2000, Acting President of the Russian Federation Vladimir V. Putin, running with the backing of the “Unity” party, was elected by a sizable margin to a full 4-year term. As reported by the Central Election Commission, Putin received almost 53 percent, with 39,740,434 votes out of a field of 11 candidates and the option of voting “against all candidates.” His nearest competitor, Communist Party chairman Gennady Zyuganov, tallied a little under 30 percent with almost 22 million votes. The rest of the field showed single-digit percentages. More than 75 million people took part in the election, for a 68.74 percent turnout. A comparatively small number of voters, about 1.5 million, chose the “none of the above” option. Details of the election results are listed below. The presidential election was occasioned by the abrupt resignation of President Boris Yeltsin on New Year’s Day, 2000, and his appointment of Prime Minister Putin as Acting President. Yeltsin had been elected to a second term in 1996. As Acting President, Putin had promoted a no-compromise policy in pressing the war against Chechnya, and created an image of returning Russia to stability after the economic and social uncertainties of the Yeltsin presidency. Putin ran an almost “above it all” campaign, refusing to issue a platform or make significant election-oriented policy statements. In its March 27, 2000 press release, the elections were characterized by the International Election Observation Mission (a joint effort of the Organization for Security and Cooperation in Europe (OSCE)  Office of Human Rights and Democratic Institutions, the OSCE Parliamentary Assembly, and the Council of Europe) as "[marking] further progress for the consolidation of democratic elections in the Russian Federation.”" Both the Communist Party and Yabloko leadership claimed to have “evidence of blatant violations in several regions.” The final report of the OSCE/ODIHR observer mission also found that “Notwithstanding the CEC effort to enforce the law vigorously, candidates, campaign organizations and supporters circumvented the law in some cases.”

  • Democracy Denied in Belarus

    Mr. President, I am pleased to join as an original cosponsor of this resolution introduced by my colleague from Illinois, Senator Durbin, to address the continuing constitutional crisis in Belarus. As Co-Chairman of the Helsinki Commission, during the 106th Congress I have worked on a bipartisan basis to promote the core values of democracy, human rights and the rule of law in Belarus in keeping with that country's commitments as a participating State in the Organization for Security and Cooperation in Europe (OSCE).   Back in April the OSCE set four criteria for international observation of parliamentary elections held this past weekend: respect for human rights and an end to the climate of fear; opposition access to the state media; a democratic electoral code; and the granting of real power to the new parliament. Regrettably, the Lukashenka regime responded with at best half-hearted measures aimed at giving the appearance of progress while keeping democracy in check. Instead of using the elections process to return Belarus to the path of democracy and end the country's self-isolation, Mr. Lukashenka tightened his grip on power launching an intensified campaign of harassment against the democratic opposition and fledgling independent media.   Accordingly, a technical assessment team dispatched by the OSCE concluded that the elections ‘fell short of meeting minimum commitments for free, fair, equal accountable, and transparent elections.’ The President of the Parliamentary Assembly of the OSCE confirmed the flawed nature of the campaign period.   We recently saw how Slobodan Milosevic was swept from power by a wave of popular discontent following years of repression. After his ouster, Belarus now has the dubious distinction of being the sole remaining dictatorship in Europe. Misguided steps toward recognition of the results of Belarus's flawed parliamentary elections would only serve to bolster Mr. Lukashenka in the lead up to presidential elections slated for next year.   This situation was addressed today in an editorial in the Washington Times. Mr. President, I ask unanimous consent that a copy of this editorial be printed in the Record following my remarks. I commend Senator Durbin for his leadership on this issue and will continue to work with my colleagues to support the people of Belarus in their quest to move beyond dictatorship to genuine democracy.   There being no objection, the material was ordered to be printed in the Record, as follows: From the Washington Times, Oct. 19, 2000- Battle for Belarus: In Belarus last weekend, the opposition leaders did not light their parliament on fire as their Yugoslavian counterparts had the week before. They did not crush the walls of the state media outlet with bulldozers or leave key sites in their capital in shambles. No, the people living under the last dictator of Europe met this weekend's parliamentary elections with silence. Opposition parties rallied the people to boycott, and what they didn't say at the polls, the international community said for them. The U.S. State Department declared the results ‘not free, fair, or transparent’ and replete with ‘gross abuses’ by President Alexander Lukashenko's regime. The Organization for Security and Cooperation in Europe (OSCE), the Council of Europe, the European parliament and the European Union said the same.   The dictator's allies got most of the 43 seats in districts where the winner received a majority of the vote. Where no candidate received a majority of the vote, run-offs will occur Oct. 26, another opportunity for the dictator to demonstrate his unique election methods. However, a record-low turnout in many towns, claimed as a victory by the opposition, will force new elections in three months.   What will it take for the people to push Mr. Lukashenko to follow Yugoslav leader Slobodan Milosevic into political oblivion in next year's presidential election? Nothing short of war, if one asks the international coordinator for Charter '97, Andrei Sannikov. `I don't know how the country survives. [Approximately] 48.5 percent live below the poverty level,' Mr. Sannikov told reporters and editors of The Washington Times. `That increases to 60 percent in rural areas. It would provoke an extreme reaction anywhere else. Here, they won't act as long as there is no war'.   But the people of Belarus are getting restless. Out of the 50 percent of the people who don't know who they support, 90 percent are not satisfied with Mr. Lukashenko and with their lives in Belarus, Mr. Sannikov said. The dictator's behavior before last weekend's elections didn't help any.   In his statement three days before the elections, Rep. Chris Smith, chairman of the OSCE, listed just a few reasons why the people should take to the streets: `Since August 30, the Lukashenko regime has denied registration to many opposition candidates on highly questionable grounds, detained, fined or beaten over 100 individuals advocating a boycott of the elections, burglarized the headquarters of an opposition party, and confiscated 100,000 copies of an independent newspaper.'   Mr. Sannikov, a former deputy foreign minister, was himself a victim last year when he was beaten unconcious, and three ribs and his nose were broken, in what he said was a government-planned attack. He and the rest of the opposition don't want to be victims in next year's election. If the opposition can rally behind one formidable leader, war won't have to precede change, nor will Mr. Lukashenko again make democracy a fatality.

  • Flawed Elections in Belarus

    Mr. Speaker, this Sunday, October 15th, Belarus will hold parliamentary elections. Based on the run-up to the elections, the possibility of free and fair elections simply does not exist. Belarusian strongman Alyaksandr Lukashenka, who illegally extended his own term in office, is once again attempting to dupe the international community into believing that there are viable electoral processes in today's Belarus. The reality is different. The Lukashenka regime has not met any of the four conditions that the Organization for Security and Cooperation in Europe setback last spring, namely, a democratic election law; an end to human rights abuses; access by the opposition to the state media; and genuine powers granted to the parliament. As a result, on August 30, the OSCE and other institutions decided not to send a full-fledged international observation team to Belarus. This decision could have been revisited if the situation in Belarus had improved. However, since August 30, the Lukashenka regime has denied registration to many opposition candidates on highly questionable grounds; detained, fined, or beaten over 100 individuals advocating a boycott of the elections; burglarized the headquarters of an opposition party; and confiscated 100,000 copies of an independent newspaper. My friend, opposition leader Anatoly Lebedka was physically assaulted during a commemoration of the one-year anniversary of the disappearance of opposition leader Viktor Gonchar and his associate Anatoly Krasovsky. I might add that another leader of the opposition, former Interior Minister Yuri Zakharenka, remains missing after having disappeared 17 months ago, and two leading opposition members, Andrei Klimov and Vladimir Koudinov, remain imprisoned on politically motivated charges. Mr. Speaker, governmental interference in the election process appears to be rampant. There are reports that regional and local government executive committees have been threatened to ensure that government supported candidates will be elected. The registration process also showed strong signs of arbitrariness, with the rejection of a large percentage of candidates, especially opposition candidates. According to today's Radio Free Europe-Radio Liberty East-Central Europe Report, Belarusian authorities, in an attempt to counter the opposition's call for an election boycott, have begun urging early voting and even threatening reprisals if voters fail to go to the polls. Furthermore, in Brest, the government-controlled local press is publishing election materials devoted solely to one candidate. All of these and other incidents, Mr. Speaker, have contributed to an atmosphere highly obtrusive to free and fair elections. Given the pre-election atmosphere, the international community will be hard-pressed to recognize the new parliament, which succeeds the old, Lukashenka hand-picked parliament that was not recognized by the OSCE Parliamentary Assembly and much of the international community. Moreover, the current election environment does not in any way inspire confidence that the presidential elections scheduled for next year will be democratic. Mr. Lukashenka would do well to keep in mind that, with the fall of Slobodan Milosevic, he becomes increasingly isolated as Europe's sole remaining dictator.

  • Calling for Immediate Release of Mr. Edmond Pope from Prison in Russian Federation

    Mr. Speaker, I thank the gentleman for yielding me this time. First of all, I rise in very strong support of the Peterson resolution, H. Con. Res. 404, calling for the immediate release of Edmond Pope from prison in the Russian Federation based on humanitarian reasons. I think it is very important that the chairman of the House Committee on International Relations and the ranking member, the gentleman from New York (Mr. Gilman) and the gentleman from Connecticut (Mr. Gejdenson), have moved very quickly on this resolution to bring it to the floor and before our colleagues because this is a very, very important resolution of humanitarian concern.   This resolution calls for the immediate release of Mr. Pope, an American citizen arrested for allegedly spying in Russia and, as we know, in prison now in Moscow since early April of this year. Mr. Pope has been arrested for trying to purchase so-called secret technology that had already been advertised for commercial sale. Mr. Speaker, I would be the first to agree that countries are entitled to protect sensitive information or state secrets; but the case against Mr. Pope is without merit. When we consider that the Russian Government has already released the alleged co-conspirator in this case, it is difficult to understand why Mr. Pope is considered such a danger. As the gentleman from Pennsylvania (Mr. Peterson) so passionately and eloquently pointed out, Mr. Pope is seriously ill and the Russian Government has not permitted an American physician to even visit him, which one might expect on simple humanitarian grounds.   Mr. Speaker, the Russian Government recently announced that the Pope case has been turned over to the court. This may look like progress, but experience tells us otherwise. When we look at the long drawn out case of Alexandr Nikitin, for whom it took 4 1/2 years to prove his innocence on trumped-up charges of espionage, I believe it is unlikely Mr. Pope would survive a lengthy judicial process. Mr. Speaker, the U.S. Government has repeatedly raised this case with the Russian Government. Why are they not listening? At a recent hearing of our Committee on International Relations, our Secretary of State, Madeleine Albright, reiterated her conviction this case should be resolved quickly in Mr. Pope's favor. Finally, I would note that in connection with this case, a Moscow radio station stated that the Russian security service often considers principles of humanity in deciding whom to release. It seems no other person in Russia today fits that definition. This man is sick, he is innocent, and he needs to be released. Again, I want to thank the gentleman from Pennsylvania (Mr. Peterson) for his great leadership on this case.

  • Calling for Lasting Peace, Justice, and Stability

    Mr. Speaker, I thank my good friend the gentleman from New York (Mr. Gilman) for his leadership in bringing this very important resolution to the floor today and to my good friends on the minority side and the gentleman from American Samoa (Mr. Faleomavaega) for his leadership and the gentleman from Connecticut (Mr. Gejdenson). This is the time for us to make this statement, and I think we are doing it collectively as a Congress. Hopefully our voices will be heard in Serbia.   Mr. Speaker, I am an original cosponsor of H. Res. 451 and I strongly support its passage here today. In a series of hearings that we held on the Helsinki Commission, which I chair, the atrocities committed in Kosovo by Yugoslav and Serbian forces have been very amply documented and the continued incarceration of Kosovar Albanians in Serbian prisons were detailed in very numbing detail. The culpability of Milosevic for war crimes and crimes against humanity for which he has been indicted has also been made clear. It is also obvious that there is an unacceptable lack of security in Kosovo, evident in the frequent instances of violence and destruction in the period since the conflict ended. Last week, Mr. Speaker, major change finally came to Yugoslavia. The people voted to throw Slobodan Milosevic out of office. And when he would not leave, they took to the streets to make clear that they had had enough.   While President Kostunica takes a nationalist point of view, he nevertheless appears willing to work towards democracy and the rule of law rather than create more problems. I was pleased to hear that he has already indicated his willingness to look into the cases of Kosovar Albanians who right now, today, are languishing in Serbian prisons. I believe he will, and every friend of democracy fully expects him to do the right thing. At one of our Helsinki Commission hearings, we heard terrible testimony, horrible conditions about these people who have been held in these terrible prisons, Kosovar Albanians who have committed no crimes. We ask, we demand that they be released now, immediately. Let the Albanians go.   Mr. Speaker, in closing, I think it is critical that we strongly condemn all of the violence which is occurring in Kosovo today regardless of the ethnicity of the victim, regardless of the ethnicity of the culprit. I have been a strong critic of Serbian repression in Kosovo in the past. As a matter of fact, when I met Milosevic the first time in Belgrade in the early 1990s, I raised the issue of his police, his thugs who are committing egregious abuses against the Kosovar Albanians and called on him and his thugs to stop it. But let me also say that none of us want to accept any wanton acts of violence whether it be revenge against Serbs or other members of minorities in Kosovo. Therefore, and I think this is important in the resolution, the Campaign Against Violence mentioned in this resolution is absolutely critical for all sides to accept and to implement. I would hope that the Albanians will criticize Albanians and Serbs will criticize Serbs when that Campaign Against Violence is transgressed. We need peaceful nonviolence in Kosovo and in Serbia. This resolution calls on all parties to stand down.

  • Missing Journalist in Ukraine

    Mr. Speaker, it has been almost three weeks since the highly disturbing disappearance of Heorhii Gongadze, a journalist known for his articles exposing corruption in the Ukraine and for playing a prominent role in defending media freedoms. Mr. Gongadze, whose visit to the United States last December included meetings with the Helsinki Commission staff, was publisher of a new Internet newspaper called Ukrainska Pravda (meaning Ukrainian Truth), a publication often critical of senior Ukrainian officials and their associates. In fact, shortly before he vanished, Mr. Gongadze had apparently been facing pressure and threats and had complained that police were harassing him and his colleagues at Ukrainska Pravda. Unfortunately, Mr. Gongadze's disappearance takes place in an increasingly unhealthy media environment. According to the Committee to Protect Journalists, his disappearance follows several suspect or inconclusive investigations into the suspicious deaths of several Ukrainian journalists over the last few years and the beatings of two journalists following their articles about official corruption this year. This disappearance has occurred within an environment which has made it increasingly difficult for professional journalists to operate, including harassment by tax police, criminal libel prosecutions, the denial of access to state-controlled newsprint and printing presses, and phone calls to editors suggesting that they censure certain stories. Such an atmosphere clearly has a chilling effect on press freedom. Mr. Speaker, I am encouraged that the Verkhovna Rada, the Ukraine's parliament, has formed a special ad hoc committee to investigate Mr. Gongadze's disappearance. I am also hopeful that the Ukraine's Ministry of Internal Affairs and other law enforcement agencies will conduct a serious, vigorous investigation to solve the case of this missing journalist. As Chairman of the Helsinki Commission and as someone who has a longstanding interest in the Ukraine, I am deeply disappointed that the Ukraine's relatively positive human rights record has been tarnished by an environment not conducive to the development of a free media. I remain hopeful that the Ukrainian authorities will make every effort to reverse this situation.

  • Continuing Climate of Fear in Belarus

    Mr. President, as co-chairman of the Helsinki Commission, I take this opportunity to update my colleagues on the situation in Belarus, as I have done on previous occasions. The Belarusian parliamentary elections are scheduled for October 15, and unfortunately, they do not meet the basic commitments outlined by the Organization for Security and Cooperation in Europe (OSCE) concerning free and democratic elections. Moreover, many observers have concluded that the Belarusian government has not made real progress in fulfilling four criteria for international observation of the elections: respect for human rights and an end to the climate of fear; opposition access to the state media; a democratic electoral code; and the granting of real power to the parliament that will be chosen in these elections. Instead, the Helsinki Commission has observed that the Lukashenka regime launched a campaign of intensified harassment in recent days directed against members of the opposition.   We have received reports that just last week, Anatoly Lebedka, leader of the United Civic Party, whom many of my colleagues met when he visited the Senate last year, was roughed up by police after attending an observance marking the first anniversary of the disappearance of a leading member of the democratic opposition Viktor Gonchar and his associate, Anatoly Krasovsky. And just a few days ago, we were informed that Belarusian Popular Front leader Vintsuk Viachorka's request for air time on Belarusian television to explain why the opposition is boycotting the parliamentary elections was met with a hateful, disparaging diatribe on the main newscast `Panorama.' This is only the tip of the iceberg. In addition, the Helsinki Commission is receiving reports of detentions, fines and instances of beatings of opposition activists who are promoting a boycott of the elections by distributing leaflets or other literature or holding meetings with voters. In recent weeks, we have also been informed of the refusal to register many opposition candidates on dubious grounds; the seizure of over 100,000 copies of the independent trade union newspaper `Rabochy'; forceful disruptions of public meetings with representatives of the opposition; an apparent burglary of the headquarters of the Social Democratic Party; a ban of the First Festival of Independent Press in Vitebsk, and recent `reminder letters' by the State Committee on Press for independent newspapers to re-register.   Mr. President, Belarusian opposition parties supporting the boycott have received permission to stage ‘Freedom March III’ this Sunday, October 1. At a number of past demonstrations, police have detained, harassed and beaten participants. Those in Congress who are following developments in Belarus are hopeful that this demonstration will take place peacefully, that authorities do not limit the rights of Belarusian citizens to freedom of association and assembly, and that the Government of Belarus will refrain from acts of repression against the opposition and others who openly advocate for a boycott of these elections.   Mr. President, the Helsinki Commission continues to monitor closely the events surrounding these elections and we will keep the full Senate apprised of developments in the ongoing struggle for democracy in Belarus.

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