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hearing
THE ROAD TO THE OSCE ISTANBUL SUMMIT AND HUMAN RIGHTS IN THE REPUBLIC OF TURKEY
Thursday, March 18, 1999The hearing focused specifically on the human rights situation in the Republic of Turkey, an original signatory of the 1975 Helsinki Final Act. These two issues, OSCE and Turkey, intersected in this hearing due to the decision taken in Oslo the previous December by the OSCE Ministerial Council to convene a summit Meeting of Heads of State or Government in Istanbul in November 1999. The Commissioners expressed concern over Ankara’s failure to implement a wide range of OSCE human dimensions commitments, the United States labored to secure a consensus in support of Turkey’s bid to host the OSCE Summit in Istanbul. The hearing touched on how the U.S. should respond to make improved human rights implementation in Turkey a priority. Though, one year after a Commission delegation visited Turkey, the Commission’s 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 that seemed likely to continue.
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statement
The Serbia and Montenegro Democracy Act of 1999
Wednesday, March 10, 1999Mr. Speaker, today I am introducing the Serbia and Montenegro Democracy Act of 1999, a bill which will target much needed assistance to democratic groups in Serbia and Montenegro. I am joined by Representatives Ben Gilman, Steny Hoyer, John Porter, Dan Burton, Eliot Engel, Dana Rohrabacher, Louise Slaughter and Jim Moran, all strong promoters of human rights worldwide and the original cosponsors of this Act. It is fitting that this important piece of legislation be introduced today, as a high-level envoy for the United States is in Belgrade to seek the blessing of Yugoslav President Slobodan Milosevic for a political settlement which hopefully will restore peace to the troubled region of Kosovo. We are dealing directly with the man most responsible for the conflict in Kosovo, not to mention Bosnia and Croatia. Milosevic has maintained his power from within Serbia throughout the 1990s at the cost of 300,000 lives and the displacement of 3 million people. He has relied on virulent Serbian nationalism to instigate conflict which will divide the people of the region for decades. The most fundamental flaw in U.S. policy toward the region is that it relies on getting Milosevic's agreement, when Milosevic simply should be forced to stop his assaults on innocent civilians. It relies on Milosevic's dictatorial powers to implement an agreement, undermining support for democratic alternatives. In short, U.S. policy perpetuates Milosevic's rule and ensures that more trouble will come to the Balkans. There can be no long-term stability in the Balkans without a democratic Serbia. Moreover, we need to be clear that the people of Serbia deserve the same rights and freedoms which other people in Europe enjoy today. They also deserve greater prosperity. Milosevic and his criminal thugs deny the same Serbian people they claim to defend these very rights, freedoms and economic opportunities. Independent media is repeatedly harassed, fined and sometimes just closed down. University professors are forced to take a ridiculous loyalty oath or are replaced by know-nothing party hacks. The regime goes after the political leadership of Montenegro, which is federated with Serbia in a new Yugoslav state but is undergoing democratic change itself. The regime goes after the successful Serb-American pharmaceutical executive Milan Panic, seizing his company's assets in Serbia to intimidate a potentially serious political rival and get its hands on the hard currency it desperately needs to sustain itself. The regime also goes after young students, like Boris Karajcic, who was beaten on the streets of Belgrade for his public advocacy of academic freedom and social tolerance. Building a democracy in Serbia will be difficult, and it is largely in the hands of those democratic forces within Serbia to do the job. However, given how the regime has stacked the situation against them, through endless propaganda, harassment and violence, they need help. This Act intends to do just that. It would allocate $41 million in various sectors of Serbian society where democratic forces can be strengthened, and to encourage further strengthening of these forces in neighboring Montenegro. It would ensure that this funding will, in fact, go to these areas, in contrast to the Administration's budget request which indicates that much of this funding could be siphoned off to implement a peace agreement in Kosovo. Another $350,000 would go to the Organization for Security and Cooperation in Europe and its Parliamentary Assembly, which could provide assistance on a multilateral basis and demonstrate that Serbia can rejoin Europe, through the OSCE, once it moves in a democratic direction and ends its instigation of conflict. This Act also states what policy toward Serbia and Montenegro must be: to promote the development of democracy and to support those who are committed to the building of democratic institutions, defending human rights, promoting rule of law and fostering tolerance in society. This funding, authorized by the Support for East European Democracy Act of 1989, represents a tremendous increase for building democratic institutions in Serbia and Montenegro. This fiscal year, an anticipated $25 million will be spent, but most of that is going to Kosovo. The President's budget request for the next fiscal year is a welcome $55 million, but, with international attention focused on Kosovo, too much of that will likely go toward implementing a peace agreement. Make no mistake, I support strongly assistance for Kosovo. I simply view it as a mistake to get that assistance by diverting it from Serbia and Montenegro. We have spent billions of dollars in Bosnia and will likely spend at least hundreds of millions more in Kosovo, cleaning up the messes Milosevic has made. The least we can do is invest in democracy in Serbia, which can stop Milosevic from making more problems in the future. Building democracy in Serbia will be difficult, given all of the harm Milosevic has done to Serbian society. The opposition has traditionally been weak and divided, and sometimes compromised by Milosevic's political maneuvering. There are signs, however, the new Alliance for Change could make a difference, and there certainly is substantial social unrest in Serbia from which opposition can gain support. In addition, there are very good people working in human rights organizations, and very capable independent journalists and editors. The independent labor movement has serious potential to gain support, and the student and academic communities are organized to defend the integrity of the universities. Simply demonstrating our real support for the democratic movement in Serbia could convince more people to become involved. Finally, Montenegro's democratic changes in the last year place that republic in a difficult position. A federation in which one republic is becoming more free and open while the other, much larger republic remains repressive and controls federal institutions cannot last for long, yet Montenegrins know they could be the next victims of Milosevic. It would be a mistake to leave those building a democracy in Montenegro out on that limb. They need our support as well. In conclusion, Mr. Speaker, I am today introducing the Serbia and Democracy Act of 1999 because I feel our country's policy in the Balkans has all too long been based on false assumptions about the region. Granted, social tensions, primarily based on ethnic issues, were bound to have plagued the former Yugoslavia, but it is an absolute fact that violence could have been avoided if Slobodan Milosevic did not play on those tensions to enhance his power. As we prepare to debate the sending of American forces to Kosovo to keep a peace which does not yet exist, we must address the root cause of the conflict in the former Yugoslavia from 1991 to today. This Act, Mr. Speaker, does just that, and I urge my colleagues to support its swift and overwhelming passage by the House. The Senate is working on similar legislation, and hopefully the Congress can help put U.S. policy back on the right track.
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statement
Politically Motivated Arrests in Belarus
Tuesday, March 09, 1999Mr. Speaker, I rise today to decry the growing litany of repressive measures undertaken by the Government of Belarus against the opposition, especially against members of the opposition's Central Electoral Commission (CEC). Earlier this year, the legitimate Belarusian parliament, the 13th Supreme Soviet, disbanded by president Alexander Lukashenka after the illegal constitutional referendum which extended his term of office by two years to 2001, set a date for the next presidential elections for May 16 and set up a Central Election Commission to conduct these elections. According to the 1994 constitution, which most of the international community recognizes as legitimate, Lukashenka's term expires in July. Lukashenka has rejected calls for a presidential election and is clearly attempting to neutralize democratic opposition to his authoritarian rule. The most egregious crackdown in recent weeks was the sentencing of CEC chairman Viktor Hanchar, to 10 days “administrative detention.” Hanchar suffered some injuries when he was detained and treated roughly by police. He was not given access to his lawyer, Hari Pahanyayla, and his wife was not permitted to see him. A few days earlier, on February 25, fifteen members of the CEC were arrested by police in a café where they were meeting and discussing reports from local election commissions. Special police did not have a warrant and prevented the videotaping of the arrest by Russian television. Five-day detentions or heavy fines were meted out to several CEC members, including Boris Gyunter, Anatoly Gurinovich, Sergei Obodovsky, Iosif Naumchik, Algimantas Dzyarginchus, Alexander Koktysh, Nikolay Pohabov, Valery Sidorenko and Leonid Zakurdayev. Additionally, warnings have been issued to several members of regional opposition elections committees, such as Iosif Naumchik in Vitebsk and Sergei Abadowski in Mogilev. According to Radio Liberty, in Zhodzina, Miensk region, local authorities have begun intimidating people who joined or elected opposition regional election commissions. In Gomel, several opposition activists have been summoned and questioned about their role in the organization of the May presidential elections scheduled by the opposition. Police had seized leaflets about these elections at the office of the Gomel branch of the Belarusian Helsinki Committee. The repression of the opposition's elections committees is part of a longstanding pattern of Lukashenka's assault on democratic institutions and his campaign to stifle dissent in Belarus. On February 14, 20 students were arrested by police in Miensk for violating street demonstration laws. Among them, Yevgeny Skochko was sentenced to 10 days in jail, Victor Antonov to 5 days in jail, and Kazimir Kuchun and Ilya Banel were fined. Other opposition activists in Gomel and Borisov have been tried for unsanctioned demonstrations over the last few months. Two young workers in Gomel, for instance, were sentenced to 3 days administrative detention for holding an unsanctioned march. According to Reuters, the men were returning from a disco late in the evening and waving banners, which they were bringing home to wash. Earlier in the month, on February 5, members of the human rights movement Charter '97 were attacked and beaten in Miensk by members of the fascist Russian National Unity party. Andrei Sannikov, the Charter's international coordinator and former deputy foreign minister of Belarus was beaten unconscious. According to the International League for Human Rights a few days later, President Lukashenka trivialized the incident on Belarusian television, saying: “They say that some fascists have appeared in Miensk and have beaten somebody up. Do you know who they have beaten? Other fascists.” On February 27, several thousand marchers participated in a peaceful anti-fascist demonstration in Miensk. Organizers of the demonstration, Ales Bilyatsky who was sentenced to 10 days administrative detention and Oleg Volchek who was given a stiff fine, were cited for committing administrative offenses. In late January, Lukashenka signed a decree ordering political parties, public organizations and trade unions to re-register during the period February 1 and July 1. The re-registration process includes a variety of onerous stipulations which would have the effect of weakening the NGOs and political parties. On February 17, the Lukashenka-controlled State Press Committee threatened six independent newspapers with closure if they continued to publish information about the opposition's presidential election plans in May, charging them with “calling for the seizure of power in Belarus.” On March 2, police searched the offices of one of the six independent newspapers, “Pahonya” in Hrodno, confiscating political cartoons and letters from readers. Clearly, political tensions are increasing in Belarus, and the divide between the authoritarian president and the democratic opposition is widening. Mr. Lukashenka and his minions should cease and desist their campaign to harass journalists, to drain and demoralize individuals and organizations in the opposition through administrative fines and detentions, and to forcefully squelch the right to the freedoms of expression and of assembly. Continued harassment of the opposition will only aggravate the current constitutional crisis in Belarus and most certainly will not serve to promote reconciliation between the government and opposition. Mr. Speaker, it is imperative that the international community continue to speak out on behalf of those whose rights are violated, and that we continue to support the restoration of democracy and rule of law in Belarus.
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statement
Politically Motivated Arrests in Belarus
Tuesday, March 09, 1999Mr. Speaker, I rise today to decry the growing litany of repressive measures undertaken by the Government of Belarus against the opposition, especially against members of the opposition's Central Electoral Commission (CEC). Earlier this year, the legitimate Belarusian parliament, the 13th Supreme Soviet, disbanded by president Alexander Lukashenka after the illegal constitutional referendum which extended his term of office by two years to 2001, set a date for the next presidential elections for May 16 and set up a Central Election Commission to conduct these elections. According to the 1994 constitution, which most of the international community recognizes as legitimate, Lukashenka's term expires in July. Lukashenka has rejected calls for a presidential election and is clearly attempting to neutralize democratic opposition to his authoritarian rule. The most egregious crackdown in recent weeks was the sentencing of CEC chairman Viktor Hanchar, to 10 days “administrative detention.” Hanchar suffered some injuries when he was detained and treated roughly by police. He was not given access to his lawyer, Hari Pahanyayla, and his wife was not permitted to see him. A few days earlier, on February 25, fifteen members of the CEC were arrested by police in a café where they were meeting and discussing reports from local election commissions. Special police did not have a warrant and prevented the videotaping of the arrest by Russian television. Five-day detentions or heavy fines were meted out to several CEC members, including Boris Gyunter, Anatoly Gurinovich, Sergei Obodovsky, Iosif Naumchik, Algimantas Dzyarginchus, Alexander Koktysh, Nikolay Pohabov, Valery Sidorenko and Leonid Zakurdayev. Additionally, warnings have been issued to several members of regional opposition elections committees, such as Iosif Naumchik in Vitebsk and Sergei Abadowski in Mogilev. According to Radio Liberty, in Zhodzina, Miensk region, local authorities have begun intimidating people who joined or elected opposition regional election commissions. In Gomel, several opposition activists have been summoned and questioned about their role in the organization of the May presidential elections scheduled by the opposition. Police had seized leaflets about these elections at the office of the Gomel branch of the Belarusian Helsinki Committee. The repression of the opposition's elections committees is part of a longstanding pattern of Lukashenka's assault on democratic institutions and his campaign to stifle dissent in Belarus. On February 14, 20 students were arrested by police in Miensk for violating street demonstration laws. Among them, Yevgeny Skochko was sentenced to 10 days in jail, Victor Antonov to 5 days in jail, and Kazimir Kuchun and Ilya Banel were fined. Other opposition activists in Gomel and Borisov have been tried for unsanctioned demonstrations over the last few months. Two young workers in Gomel, for instance, were sentenced to 3 days administrative detention for holding an unsanctioned march. According to Reuters, the men were returning from a disco late in the evening and waving banners, which they were bringing home to wash. Earlier in the month, on February 5, members of the human rights movement Charter '97 were attacked and beaten in Miensk by members of the fascist Russian National Unity party. Andrei Sannikov, the Charter's international coordinator and former deputy foreign minister of Belarus was beaten unconscious. According to the International League for Human Rights a few days later, President Lukashenka trivialized the incident on Belarusian television, saying: “They say that some fascists have appeared in Miensk and have beaten somebody up. Do you know who they have beaten? Other fascists.” On February 27, several thousand marchers participated in a peaceful anti-fascist demonstration in Miensk. Organizers of the demonstration, Ales Bilyatsky who was sentenced to 10 days administrative detention and Oleg Volchek who was given a stiff fine, were cited for committing administrative offenses. In late January, Lukashenka signed a decree ordering political parties, public organizations and trade unions to re-register during the period February 1 and July 1. The re-registration process includes a variety of onerous stipulations which would have the effect of weakening the NGOs and political parties. On February 17, the Lukashenka-controlled State Press Committee threatened six independent newspapers with closure if they continued to publish information about the opposition's presidential election plans in May, charging them with “calling for the seizure of power in Belarus.” On March 2, police searched the offices of one of the six independent newspapers, “Pahonya” in Hrodno, confiscating political cartoons and letters from readers. Clearly, political tensions are increasing in Belarus, and the divide between the authoritarian president and the democratic opposition is widening. Mr. Lukashenka and his minions should cease and desist their campaign to harass journalists, to drain and demoralize individuals and organizations in the opposition through administrative fines and detentions, and to forcefully squelch the right to the freedoms of expression and of assembly. Continued harassment of the opposition will only aggravate the current constitutional crisis in Belarus and most certainly will not serve to promote reconciliation between the government and opposition. Mr. Speaker, it is imperative that the international community continue to speak out on behalf of those whose rights are violated, and that we continue to support the restoration of democracy and rule of law in Belarus.
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briefing
Civil Society, Democracy, and Markets in East Central Europe and the NIS: Problems and Perspectives
Thursday, February 18, 1999This briefing, led by Chief of Staff Dorothy Douglas Taft, was prompted by the book Nations in Transit 1998, a study and analysis of 25 post-Communist countries which supported the monitoring of the region’s adherence to the Helsinki Accords. Questions included in the report were organized in the categories of political processes, civil society, independent media, the rule of law, governance and pubic administration, macro-economic policy, micro-economic policy, and privatization. The witnesses - Adrian Karatnycky, Professor Alexander Motyl, and E. Wayne Merry - discussed the document and interpreted some of the political and economic trends in the region. They expanded upon some of the insights provided in the book and analyzed the region’s progress, reflecting on their own experiences working with the Soviet Union.
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statement
1999: A Critical Year for Belarus
Tuesday, February 09, 1999Mr. Speaker, last month, a Congress of Democratic Forces was held in Minsk, the capital of Belarus. The Congress demonstrated the resolve of the growing democratic opposition to authoritarian President Alyaksandr Lukashenka and the determination by the opposition to have free, democratic elections consistent with the legitimate 1994 constitution. Earlier last month, on January 10, members of the legitimate Belarusian parliament, disbanded by Lukashenka after the illegal 1996 constitutional referendum which extended his term of office by two years to 2001, set a date for the next presidential elections for May 16. According to the 1994 constitution, Lukashenka's term expires in July. Not surprisingly, Lukashenka rejects calls for a presidential election. Local elections are currently being planned for April, although many of the opposition plan not to participate, arguing that elections should be held only under free, fair and transparent conditions, which do not exist at the present time. Indeed, the law on local elections leaves much to be desired and does not provide for a genuinely free and fair electoral process. The local elections and opposition efforts to hold presidential elections must be viewed against the backdrop of a deteriorating economic situation. One of the resolutions adopted by the Congress of Democratic Forces accuses Lukashenka of driving the country to “social tensions, international isolation and poverty.” As an example of the heightening tensions, just last weekend, Andrei Sannikov, the former deputy minister of Belarus and a leader of the Charter '97 human rights group, was brutally assaulted by members of a Russian-based ultranationalist organization. Additionally, Lukashenka's moves to unite with Russia pose a threat to Belarus' very sovereignty. Thus, Mr. Speaker, this year promises to be a critical year for Belarus. Recently, a staff delegation of the (Helsinki) Commission on Security and Cooperation in Europe, which I chair, traveled to Belarus, raising human rights concerns with high-ranking officials, and meeting with leading members of the opposition, independent media and nongovernmental organizations. The staff report concludes that the Belarusian Government continues to violate its commitments under the Organization for Security and Cooperation in Europe (OSCE) relating to human rights, democracy and the rule of law, and that at the root of these violations lies the excessive power usurped by President Lukashenka since his election in 1994, especially following the illegitimate 1996 referendum. Although one can point to some limited areas of improvement, such as allowing some opposition demonstrations to occur relatively unhindered, overall OSCE compliance has not improved since the deployment of the OSCE's Advisory and Monitoring Group (AMG) almost one year ago. Freedoms of expression, association and assembly remain curtailed. The government hampers freedom of the media by tightly controlling the use of national TV and radio. Administrative and economic measures are used to cripple the independent media and NGOs. The political opposition has been targeted for repression, including imprisonment, detention, fines and harassment. The independence of the judiciary has been further eroded, and the President alone controls judicial appointments. Legislative power is decidedly concentrated in the executive branch of government. The Commission staff report makes a number of recommendations, which I would like to share with my colleagues. The United States and OSCE community should continue to call upon the Belarusian Government to live up to its OSCE commitments and, in an effort to reduce the climate of fear which has developed in Belarus, should specifically encourage the Belarusian Government, inter alia, to: (1) Immediately release Alyaksandr Shydlauski (sentenced in 1997 to 18 months imprisonment for allegedly spray painting anti-Lukashenka graffiti) and review the cases of those detained and imprisoned on politically motivated charges, particularly Andrei Klymov and Vladimir Koudinov; (2) cease and desist the harassment of opposition activists, NGOs and the independent media and permit them to function; (3) allow the opposition access to the electronic media and restore the constitutional right of the Belarusian people to free and impartial information; (4) create the conditions for free and fair elections in 1999, including a provision in the election regulations allowing party representation on the central and local election committees; and (5) strengthen the rule of law, beginning with the allowance for an independent judiciary and bar. With Lukashenka's term in office under the legitimate 1994 Constitution expiring in July 1999, the international community should make clear that the legitimacy of Lukashenka's presidency will be undermined unless free and fair elections are held by July 21. The United States and the international community, specifically the OSCE Parliamentary Assembly, should continue to recognize only the legitimate parliament, the 13th Supreme Soviet, abolished by Lukashenka in 1996, and not the post-referendum, Lukashenka-installed, National Assembly. At the time, the United States, and our European allies and partners, denounced the 1996 referendum as illegitimate and extra-constitutional. The West needs to stand firm on this point, as the 13th Supreme Soviet and the 1994 Constitution are the only legal authorities. The democratically oriented opposition and NGOs deserve continued and enhanced moral and material assistance from the West. The United States must make support for those committed to genuine democracy a high priority in our civic development and NGO assistance. I applaud and want to encourage such entities as USIS, the Eurasia Foundation, National Endowment for Democracy, International Republican Institute, ABA/CEELI and others in their efforts to encourage the development of a democratic political system, free market economy and the rule of law in Belarus. The United States and the international community should strongly encourage President Lukashenka and the 13th Supreme Soviet to begin a dialogue which could lead to a resolution of the current constitutional crisis and the holding of democratic elections. The OSCE Advisory and Monitoring Group (AMG) could be a vehicle for facilitating such dialogue. The Belarusian Government should be encouraged in the strongest possible terms to cooperate with the OSCE AMG. There is a growing perception both within and outside Belarus that the Belarusian Government is disingenuous in its interaction with the AMG. The AMG has been working to promote these important objectives: an active dialogue between the government, the opposition and NGOs; free and fair elections, including a new election law that would provide for political party representation on electoral committees and domestic observers; unhindered opposition access to the state electronic media; a better functioning, independent court system and sound training of judges; and the examination and resolution of cases of politically motivated repression. Mr. Speaker, there is a growing divide between the government and opposition in Belarus, thanks to President Lukashenka's authoritarian practices, a divide that could produce unanticipated consequences. An already tense political situation is becoming increasingly more so. Furthermore, Lukashenka's efforts at political and economic integration with Russia could have serious potential consequences for neighboring states, especially Ukraine. Therefore, it is vital for the United States and the OSCE to continue to speak out in defense of human rights in Belarus, to promote free and democratic elections this year, and to encourage meaningful dialogue between the government and opposition.
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statement
1999: A Critical Year for Belarus
Tuesday, February 09, 1999Mr. Speaker, last month, a Congress of Democratic Forces was held in Minsk, the capital of Belarus. The Congress demonstrated the resolve of the growing democratic opposition to authoritarian President Alyaksandr Lukashenka and the determination by the opposition to have free, democratic elections consistent with the legitimate 1994 constitution. Earlier last month, on January 10, members of the legitimate Belarusian parliament, disbanded by Lukashenka after the illegal 1996 constitutional referendum which extended his term of office by two years to 2001, set a date for the next presidential elections for May 16. According to the 1994 constitution, Lukashenka's term expires in July. Not surprisingly, Lukashenka rejects calls for a presidential election. Local elections are currently being planned for April, although many of the opposition plan not to participate, arguing that elections should be held only under free, fair and transparent conditions, which do not exist at the present time. Indeed, the law on local elections leaves much to be desired and does not provide for a genuinely free and fair electoral process. The local elections and opposition efforts to hold presidential elections must be viewed against the backdrop of a deteriorating economic situation. One of the resolutions adopted by the Congress of Democratic Forces accuses Lukashenka of driving the country to “social tensions, international isolation and poverty.” As an example of the heightening tensions, just last weekend, Andrei Sannikov, the former deputy minister of Belarus and a leader of the Charter '97 human rights group, was brutally assaulted by members of a Russian-based ultranationalist organization. Additionally, Lukashenka's moves to unite with Russia pose a threat to Belarus' very sovereignty. Thus, Mr. Speaker, this year promises to be a critical year for Belarus. Recently, a staff delegation of the (Helsinki) Commission on Security and Cooperation in Europe, which I chair, traveled to Belarus, raising human rights concerns with high-ranking officials, and meeting with leading members of the opposition, independent media and nongovernmental organizations. The staff report concludes that the Belarusian Government continues to violate its commitments under the Organization for Security and Cooperation in Europe (OSCE) relating to human rights, democracy and the rule of law, and that at the root of these violations lies the excessive power usurped by President Lukashenka since his election in 1994, especially following the illegitimate 1996 referendum. Although one can point to some limited areas of improvement, such as allowing some opposition demonstrations to occur relatively unhindered, overall OSCE compliance has not improved since the deployment of the OSCE's Advisory and Monitoring Group (AMG) almost one year ago. Freedoms of expression, association and assembly remain curtailed. The government hampers freedom of the media by tightly controlling the use of national TV and radio. Administrative and economic measures are used to cripple the independent media and NGOs. The political opposition has been targeted for repression, including imprisonment, detention, fines and harassment. The independence of the judiciary has been further eroded, and the President alone controls judicial appointments. Legislative power is decidedly concentrated in the executive branch of government. The Commission staff report makes a number of recommendations, which I would like to share with my colleagues. The United States and OSCE community should continue to call upon the Belarusian Government to live up to its OSCE commitments and, in an effort to reduce the climate of fear which has developed in Belarus, should specifically encourage the Belarusian Government, inter alia, to: (1) Immediately release Alyaksandr Shydlauski (sentenced in 1997 to 18 months imprisonment for allegedly spray painting anti-Lukashenka graffiti) and review the cases of those detained and imprisoned on politically motivated charges, particularly Andrei Klymov and Vladimir Koudinov; (2) cease and desist the harassment of opposition activists, NGOs and the independent media and permit them to function; (3) allow the opposition access to the electronic media and restore the constitutional right of the Belarusian people to free and impartial information; (4) create the conditions for free and fair elections in 1999, including a provision in the election regulations allowing party representation on the central and local election committees; and (5) strengthen the rule of law, beginning with the allowance for an independent judiciary and bar. With Lukashenka's term in office under the legitimate 1994 Constitution expiring in July 1999, the international community should make clear that the legitimacy of Lukashenka's presidency will be undermined unless free and fair elections are held by July 21. The United States and the international community, specifically the OSCE Parliamentary Assembly, should continue to recognize only the legitimate parliament, the 13th Supreme Soviet, abolished by Lukashenka in 1996, and not the post-referendum, Lukashenka-installed, National Assembly. At the time, the United States, and our European allies and partners, denounced the 1996 referendum as illegitimate and extra-constitutional. The West needs to stand firm on this point, as the 13th Supreme Soviet and the 1994 Constitution are the only legal authorities. The democratically oriented opposition and NGOs deserve continued and enhanced moral and material assistance from the West. The United States must make support for those committed to genuine democracy a high priority in our civic development and NGO assistance. I applaud and want to encourage such entities as USIS, the Eurasia Foundation, National Endowment for Democracy, International Republican Institute, ABA/CEELI and others in their efforts to encourage the development of a democratic political system, free market economy and the rule of law in Belarus. The United States and the international community should strongly encourage President Lukashenka and the 13th Supreme Soviet to begin a dialogue which could lead to a resolution of the current constitutional crisis and the holding of democratic elections. The OSCE Advisory and Monitoring Group (AMG) could be a vehicle for facilitating such dialogue. The Belarusian Government should be encouraged in the strongest possible terms to cooperate with the OSCE AMG. There is a growing perception both within and outside Belarus that the Belarusian Government is disingenuous in its interaction with the AMG. The AMG has been working to promote these important objectives: an active dialogue between the government, the opposition and NGOs; free and fair elections, including a new election law that would provide for political party representation on electoral committees and domestic observers; unhindered opposition access to the state electronic media; a better functioning, independent court system and sound training of judges; and the examination and resolution of cases of politically motivated repression. Mr. Speaker, there is a growing divide between the government and opposition in Belarus, thanks to President Lukashenka's authoritarian practices, a divide that could produce unanticipated consequences. An already tense political situation is becoming increasingly more so. Furthermore, Lukashenka's efforts at political and economic integration with Russia could have serious potential consequences for neighboring states, especially Ukraine. Therefore, it is vital for the United States and the OSCE to continue to speak out in defense of human rights in Belarus, to promote free and democratic elections this year, and to encourage meaningful dialogue between the government and opposition.
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publication
Legal Status of Religious Groups in the US (1999)
Monday, February 01, 1999The United States does not require religious groups to register with the government in order to organize, meet, collect funds, or claim federal tax-exempt status. Such a registration requirement would violate a core freedom guaranteed by the United States Constitution. This overview identifies the underpinnings of this freedom, including a discussion of the United States Constitution's religion and speech clauses. Following this discussion, the issues of association, legal status and tax exemption are addressed. Foundational to civil liberties inthe United States is the principle that government was created by and exists at the will of the people. Governmental power is a limited power conferred to the government by the people. In the United States, the fundamental rights of the individual are paramount and they may only be abrogated by the government under very limited and defined circumstances. Freedom of religion is a fundamental, natural, and absolute right, deeply rooted in the American constitutional system. Available to all, citizen and non-citizen, the free exercise of religion includes the tight to believe and profess whatever religious belief one desires. Government officials may not compel any person to affirm a religious belief or punish the expression of religious doctrine deemed by officials to be false. The individual's freedom of conscience embraces the right to select any religious faith or none at all. This fundamental right was established by the First Amendment to the United States Constitution, the first of the original Bill of Rights. Specifically, the First Amendment to the Constitution of the United States forbids the government to make any law respecting an establishment of religion or prohibiting the free exercise of religion. While originally an inhibition to action by the United States Congress only, the First Amendment has been made applicable to the individual state governments, as well, through the passage of the Fourteenth Amendment to the Constitution.The First Amendment guarantees that the government may not coerce anyone to support or participate in religion, or otherwise act in a way which establishes a state religion. This constitutional constraint on the government's ability to enact legislation regarding religion has two primary aspects. First, the government is prevented fromenacting a law that requires citizens to accept a particular religious belief. Second, this constitutional provision safeguards the free exercise of each person.'s chosen for of religion. These two interrelated concepts are known, respectively, as the "establishment" and "free exercise" clauses. A Russian translation of the text is available here.
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hearing
WHITHER HUMAN RIGHTS IN RUSSIA?
Friday, January 15, 1999This hearing focused on the human rights situation in Russia. Russia is no longer an authoritarian dictatorship and civil liberties have improved. However, the decline in Russia’s recent economic fortunes has been accompanied by disturbing developments in the area of human rights and civil liberties. A religion law developed in 1977 has led to legal difficulties and complications for some religious organizations in their dealings with local authorities, most notably the declaration of Jehovah Witness as a “destructive sect.” Also recent cases of a crackdown on activist has led to Russia’s first political prisoner since the defunct Soviet Union with the arrest of the environmental whistleblower, Alexandr Nikitin.
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hearing
The Milosevic Regime Versus Serbian Democracy and Balkan Stability
Thursday, December 10, 1998This hearing, presided over by the Hon. Chris Smith, then Co-Chairman of the U.S. Helsinki Commission, was held on the fiftieth anniversary of Human Rights Day, when the Universal Declaration of Human Rights was adopted in Paris by 56 members of the United Nations. Regarding the atrocities of Slobodan Milosevic and his regime, then, this hearing’s date was perfectly apropos. The storied crimes by the Milosevic Regime are world renowned. The hearing was held in the wake of actions by the regime taken against Serbia’s independent media. Earlier on, Milosevic refused to acknowledge the results of municipal elections in Serbia, and, of course, the violent conflicts that the regime was culpable for.
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briefing
The Ombudsman in the OSCE: An American Perspective
Wednesday, December 02, 1998This briefing assessed the role of ombudsmen institutions in the countries of the Organization for Security and Cooperation in Europe from an American perspective. The ombudsman institution was described as a flexible institution; adaptable to national and local government structures in a wide variety of countries, and a brief evaluation of the evolution of this institution was presented. Dean M. Gottehrer, a consultant on ombudsmen in human rights institutions for the United Nations Development Program, Office for Democratic Institutions and Human Rights of the OSCE, and the United States Information Agency, presented a personal analysis of the role of ombudsmen institutions in protecting human rights in OSCE participating states.
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briefing
The Status of Human Rights in Russia
Thursday, October 08, 1998This briefing addressed the recent changes in the Russian government and what they might portend for human Rights in Russia. Specifically, economic troubles that led to the emergence of extremist politics and subsequent human rights abuses were the main topic of discussion. Witnesses testifying at the briefing – including Rachel Denber, Deputy Director of the Europe and Central Asia Division of Human Rights Watch; Mark Levin, Executive Director of the National Conference on Soviet Jewry; and Lauren Homer, President of Law and Liberty Trust – evaluated the status of human rights abuse in Russia resulting from a mix of repression, corruption, inertia, and neglect. Freedom of speech, freedom of information, and freedom of religion were especially emphasized as aspects of human rights that Russia needs to improve in the future
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briefing
Deteriorating Religious Liberty in Europe
Thursday, July 30, 1998Senior Advisor to the Commission, E. Wayne Merry, chaired this briefing which was part of a series by the Commission on the subject of religious liberties within the OSCE region. This series was prompted by a perceived developing problem of restrictions on religious liberties in several participating states to the OSCE. At the time, the Commission was devoting most of its attention to the countries that that traditionally had a much more tolerant view toward religious minorities, such as those in Western and Central Europe. Participants in this briefing included Francesca Binda, Karen Gainer, and Paul Rowland, all with the National Democratic Institute (NDI) and International Republican Institute (IRI) personnel Eric Jowett and Kent Patton.
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briefing
Deterioration of Religious Liberty in Europe
Wednesday, July 22, 1998This briefing addressed the persisting question of problems of religious liberty and the patterns of discrimination against religious minorities and other belief groups that had developed in a number of countries in the OSCE region in the aftermath of the Cold War. Efforts of improving religious liberty in former communist countries were discussed, as well as the need for spending time and attention on countries farther west, like France, Belgium, and Austria, in which concern for religious minorities was also expressed. Witnesses testifying at the briefing – including Willy Fautre, Director of Human Rights without Frontiers and James McCabe, Assistant General Counsel of Watchtower Bible and Tract Society – examined the multi-tiered system that European countries employ regarding religion, and the different statuses and treatment of citizens based on where their religion falls within this system. The issues faced by minority religious associations, like being targeted by fiscal services, were also topics of discussion.
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briefing
Belarus Opposition Leaders
Tuesday, June 16, 1998The Commission examined Belarus’ political situation under President Lukashenka, who, on the day of the briefing, had locked the diplomatic corps out of their residences. The briefing explored the development of what some call a dictatorship in Belarus after the fall of the Soviet Union that brought Soviet sentiment back into the political scene. The witnesses - Professor Yury Khadyka and Professor Stanislav Bogdankevich - highlighted the struggle for human rights in Belarus after 1991, when anti-communist rhetoric became a popular national value and during which personal freedom did not was excluded. They also addressed the lack of economic progress under Lukashenko, which goes unnoticed by Western governments.
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briefing
Pluralism and Tolerance in Croatia
Wednesday, May 13, 1998This briefing moderated by Commission Policy Advisor Robert Hand focused on the many developments in Croatia at the time, including the issue of human rights- an area that Croatia needed to improve upon. Likewise, in order to be fully embraced by the European community, as Hand said, the country needed to democratize. At that point in time, the country of Croatia stood at a crossroads. In January 1998, Croatia resumed control over eastern Slavonia, its last enclave occupied by Serb militants since the fall of 1991. Before resumption of Croatian control, the area was under U.N. administration the two years before. As sovereignty was reached on the entire state territory, priorities began to shift and the Croatian government came under strong internal and external pressure to allow acceleration of democratic development.
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hearing
Repression and Violence in Kosovo and Hearing on Kosovo: The Humanitarian Perspective
Wednesday, March 18, 1998This hearing, chaired by Commissioner Alfonse D’Amato, discussed the dire circumstances in Kosovo, specifically Serbian repression of the Kosovar Albanian majority population. In this hearing, D’Amato called for the U.S. to step up and prevent another outbreak of ethnic cleansing and achieve a peaceful resolution to the crisis. More specifically, to facilitate a lasting peace, the Commissioner called on U.S. leadership to make Slobodan Milosevic believe that the world would not stand by while the atrocities in Kosovo and Serbia continued. In addition, any settlement reached between Milosevic and the Kosovo Albanian leadership, D’Amato, continued, must be respected and protect the human rights of all individuals in Kosovo, without preconditions. Witnesses in this hearing discussed these human rights violations and the predicament of the Kosovar Albanians.
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briefing
Status of the Russian Religious Law
Thursday, February 12, 1998Congressman Chris Smith and other lawmakers criticized the Russian Federation law on freedom of conscience and religious organizations signed by Boris Yeltsin for the threats it posed to religious liberty for minority religious faith. The scope of the law, including the terms of its formal implementations regulations and its actual implementation on the ground were topics of discussions. Those who testified at the briefing provided their insights on this law, its status at the time, and their perspective of developments in Russia in light of the law. Dr. James Billington, a distinguished author and Russian scholar, spoke to the decline in the standard of living and social services that the Russian people had suffered in the post-Soviet era. Another witness, Dr. Anatoly Pchelintsev, Director of the Christian Legal Center of the Institute on Religion and Law in Moscow, attributed the existence of the law to the tide of nationalist and Communist movements that were on the rise in Russia.
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hearing
Status of Religious Liberty for Minority Faiths in Europe and the OSCE
Friday, December 05, 1997The purpose of this hearing, which the Hon. Christopher H. Smith chaired, was to discuss the reality of disturbing undercurrents of subtle, but growing, discrimination and harassment of minority religious believers, as opposed to discussing the widespread documentation of torture and persecution of practitioners of minority faiths. In a number of European countries, government authorities had seemed to work on restricting the freedoms of conscience and speech in much of their governments’ actions. For example, in Russia, on September 26, 1997, President Boris Yeltsin signed the law called “On Freedom of Conscience and on Religious Associations,” which blatantly violated agreements of the OSCE which the former U.S.S.R. helped to initiate. Through use of witnesses, then, attendees of this hearing, namely commissioners, gained a deeper understanding of the religious liberty violations within OSCE member countries and insight into how to best influence governments to adhere more closely to internationally accepted human rights standards.
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briefing
OSCE Human Dimension Implementation Meeting
Tuesday, October 28, 1997The purpose of this briefing, which Helsinki Commission Chief of Staff Michael Hathaway presided over, was to provide information to the public about the U.S.’s approach to the OSCE Human Dimension Implementation Meeting, as well as to hear from two highly respected non-governmental organizations regarding issues that they believed should have been taken up in Warsaw. At the point of the briefing, already established issues at Warsaw included freedom of religion, media, association on assembly, the prevention of torture, international humanitarian law, tolerance and non-discrimination, national minorities, and the plight of the Roma. The aim in mind was to encourage improved implementation of human dimension obligations by OSCE member states. Participants in this hearing included State Department Secretary Rudolph Perina, and Holly Cartner and Adrian Karatnycky with Human Rights Watch and Freedom House, respectively.
Title
Title
“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.