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article
OSCE Ministers Urge Concerted Action to Combat Sexual Exploitation of Children
Wednesday, December 13, 2006By Ron McNamara, International Policy Director Foreign Ministers from the 56-nation Organization for Security and Cooperation in Europe approved a major initiative on combating a wide range of sexually exploitative crimes against children, including prostitution, child pornography, trafficking in children for sexual exploitation, sex tourism and forced marriages of children. A collaborative effort spearheaded by the United States, Belgium and France, the decision was unanimously agreed in recognition “that sexual exploitation of children constitutes a grave and heinous crime, in many cases involving organized crime that must be prevented, investigated, prosecuted and penalized with all available means.” The decision, taken during the annual Ministerial Council meeting, held in Brussels, provides political impetus to enhance cooperation among law enforcement agencies throughout the OSCE region. The statement issued by the Council condemns the sexual exploitation of children in all its forms, urging the participating States to conform their legislation on this subject to their relevant international commitments and obligations. Progress in strengthening the legal framework to combat these forms of abuse and close existing gaps is viewed by experts as essential to effective action by law enforcement, especially as these crimes often involve entities in numerous countries. The need for greater uniformity in relevant laws was made clear in a comprehensive report, Child Pornography: Model Legislation & Global Review, issued in 2006 by the International Centre for Missing & Exploited Children in cooperation with Interpol. Surveying laws in 184 Interpol member countries, the report found that more than half of these countries (95) had no laws addressing child pornography and, in many other countries, the existing laws were inadequate. Among OSCE countries, the report found that six countries lacked any laws criminalizing any aspect of child pornography, with 32 countries lacking any legal definition of child pornography. Sixteen OSCE countries have failed to make the possession of child pornography a crime and 20 lack laws criminalizing the distribution of child pornography via computer and the Internet. Fifty OSCE countries do not require Internet Service Providers (ISPs) to report suspected child pornography to law enforcement. To date, Belgium, France and the United States are the only OSCE countries to have enacted comprehensive laws addressing all five areas analyzed in the report. The Ministers drew particular attention to the role played by new technologies, including the Internet, in facilitating the sexual exploitation of children, in an industry with revenues in the billions of dollars each year. States were urged to take a holistic approach toward the problem of sexual exploitation of children, addressing root and contributing factors, including the demand that fosters all forms of sexual exploitation of children, and to develop comprehensive and proactive strategies and measures aimed at preventing and combating the sexual exploitation of children. OSCE countries were encouraged to develop compatible and exchangeable data registration systems specific to the sexual exploitation of children as well as create telephone or Internet hotlines as a resource for victims and their families. They were likewise urged to work with ISPs, credit card companies, banks and other corporations as well as relevant NGOs, to ensure information related to the sexual exploitation of children is tracked and reported. In addition, the Ministerial decision included a series of specific recommendations for further action by the participating States, many aimed at strengthening the tools available to law enforcement, including adoption of legal measures that would allow them to prosecute their citizens for serious sexual crimes against children, even if these crimes are committed in another country. OSCE States were urged to aggressively prosecute the sexual exploitation of children and impose tough penalties on offenders perpetrating such crimes. The Council recommended the establishment of training programs concerning sexual exploitation of children for personnel, including those working in the areas of justice, policing, tourism, transport, social work, health care, civil society, religious organizations, and education. Similarly, Ministers called for countries to facilitate legal protection, assistance, appropriate medical care, and rehabilitation and reintegration programs for child victims of sexual exploitation as well as efforts for the safe return of trafficked children. The OSCE, as an organization, was encouraged to pay increased attention to these issues, including the links to trafficking in persons, and to cooperate with other international organizations, NGOs and civil society in combating the sexual exploitation of children. The Brussels Ministerial decision on sexual exploitation of children originated, in large part, from a resolution sponsored by Commission Co-Chairman Rep. Christopher H. Smith and managed by Commissioner Rep. Joseph R. Pitts during the Annual Session of the OSCE Parliamentary Assembly convened in the Belgian capital in July 2006. That proposal, “Combating Trafficking and the Exploitation of Children in Pornography,” was overwhelmingly approved by parliamentarians from the participating States. A Helsinki Commission hearing, “Protecting Children: The Battle Against Child Pornography and Other Forms Of Sexual Exploitation” was held on September 27, 2006, to assess the magnitude of abuse against children. In opening remarks, Co-Chairman Smith explained, “The anti-trafficking efforts have convinced me that combating sexual exploitation of children in all of its forms requires even more comprehensive laws, as well as effective partnerships between local, state, and federal law enforcement, and the nongovernmental communities at all levels, and that includes international.” Smith noted strong indicators that those captivated by pornography are more likely to become predators and purveyors themselves, further feeding the cycle. As with other addictive behaviors, these individuals are often driven into more extreme acts of preying on younger victims or employing violence. He observed that organized crime, including gangs, also appears to be venturing further into the lucrative trade in children. As a result, global criminal networks are springing up, further complicating efforts to prosecute those responsible for these horrendous crimes against children. James E. Finch, assistant director of the Cyber Division of the FBI discussed the Bureau’s efforts to combat the sexual exploitation of children through the use of the Internet and promote closer cooperation with foreign law enforcement agencies. James Plitt, the unit chief of the Cyber Crimes Center of the Immigration and Customs Enforcement stressed “that the issue of child exploitation is enormous and multidimensional. Furthermore, any potential solution to this issue must be multidimensional….collectively, we need to understand the challenge we face, and we need to understand the trends, techniques and vulnerabilities of those engaged in international criminal business enterprises,” he concluded. On the question of limited resources, Plitt noted, “If we had triple the investigative resources, we would still have investigative leads untouched.” Finch underscored the challenges faced by law enforcement given the relative ease and limited expense involved in setting up exploitative web sites. Commissioner Mike McIntyre urged greater partnership between law enforcement and the public to identify perpetrators of these crimes as well as aggressive investigation and prosecution of them. Linda Smith, founder of Shared Hope International and a former Member of Congress, presented the findings of the U.S. Mid-term Review on the Commercial Sexual Exploitation of Children in America, identifying five key issues which stand out as the most immediate and urgent needs to protect America's children: confront the demand side of exploitation; aggressively pursue those responsible for the online trafficking in children; ensure sufficient services for victims, especially shelter; expand cooperation between law enforcement agencies at all levels; and further strengthen Federal law. She made an impassioned call to decriminalize the prostituted minor, “What we've found was that these kids, when identified, are called prostitutes, and they're quickly moved into detention when they're found, treated like a criminal, and then, when released, put in a foster care system where they bleed out. We do not have child prostitutes. We have prostituted children.” With respect to pornography, she decried the marketing to recruit boys as clients as well as the explosion of pornographic images of children creating demand for direct sexual violation of children. Carol Smolenski, executive director of ECPAT-USA discussed multilateral efforts to more effectively combat the sexual exploitation of children. She cited demand and prevention as major of common concern as well as the need to keep pace with rapidly changing technologies. Commissioner Pitts voiced particular concern that law enforcement have the tools necessary to adapt to technological challenges. Turning to the role of organized crime and gangs in exploitation, Smolenski observed, “you'd be hard-pressed to talk to a service provider who has not found gang involvement with child prostitution these days…yes, gangs are definitely a part of it and a growing part of it.” Dr. Mohamed Mattar, executive director of the Protection Project at Johns Hopkins School of Advanced International Studies, touched on several positive developments in the fight against the sexual exploitation of children: expansion of criminal liability; extension of territorial jurisdiction; and enhancement of child protection, including the abolition of a statute of limitations. He welcomed Senate ratification of the Council of Europe Convention on Cybercrime of 2001. Mattar made a series of recommendations to enhance implementation of relevant U.S. law. He urged funding to back up U.S. efforts to prevent sex tourism, while citing laws in Sweden, Switzerland, and The Netherlands as particularly problematic. Dr. Mattar called for funding to support research on victims of child exploitation; establishing programs to expand state law enforcement officials' capabilities in prosecuting demand and providing services for victims; shifting the focus of the United States toward penalizing the purchaser of sexual services; and mobilizing countries to enact Internet laws that protect children from commercial sexual exploitation. Ernie Allen, chairman and chief executive officer of the National Center for Missing and Exploited Children and the International Center for Missing and Exploited Children, focused largely on commercial child pornography, a multibillion-dollar industry, stressing that children are plentiful and easily accessed; child pornography is easy and inexpensive to produce; there is a huge consumer market for it, making it enormously profitable; and, finally, historically there's been virtually no risk, far less risk than trading in drugs or guns. Allen presented his candid conclusion, “Most people don't understand what this problem really is; there's a real misconception. But what we are finding and what law enforcement is finding is that the victims are getting younger and the content, the images, are becoming more graphic and more violent. From the data on the hundreds of offenders who have been identified to date, we can report to you that 39 percent of those offenders had images of children between the ages of 3 and 5. And, 19 percent had images of children younger than 3 years old. This is not what America thinks it is.” Few of the world's nearly 200 countries, he pointed out, have any kind of meaningful system or capacity to adequately and effectively combat the sexual exploitation of children, especially through child pornography. Allen discussed his organizations work in training law enforcement officials around the world in the investigation of computer-facilitated crimes against children as well as initiatives to enlist the support of ISPs and leaders in the technology and banking industries in dismantling networks responsible for exploitation of children. He echoed calls for additional resources to aid law enforcement, including in the field of forensics. In response to a suggestion from Co-Chairman Smith that the United States push for an international form of Megan's Law aimed at sex offenders, Allen replied, “I agree 100 percent. I think it's absolutely appropriate. It's a prime opportunity for American leadership and the leadership of other countries on this issue. It's unbelievably important. These offenders are mobile…offenders from other countries come here, where we have no knowledge about their history or prior record.”
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article
Tajikistan's Presidential Election Falls Short
Wednesday, December 13, 2006By Kyle Parker and Knox Thames On November 6, 2006, Tajikistan held its fourth presidential election, in which incumbent President Emomali Rahmonov easily won over four other competitors. The conduct of the campaign and the Election Day itself provided the international community with an opportunity to gauge Tajikistan’s commitment to democratization – the result was a mixed picture that displayed fundamental problems that must be addressed before Tajikistan can meet OSCE standards of free and fair elections. The final results released by the Central Commission for Election and Referenda (CCER) of Tajikistan showed that President Rahmonov defeated four other candidates with 79 percent of the vote, based on approximately 3 million ballots representing 91 percent of the electorate. The nearest competitor garnered just over five percent. The OSCE’s Election Observation Mission (EOM) reported in its preliminary findings that the elections “did not fully test democratic electoral practices… due to a lack of genuine choice and meaningful pluralism,” and concluded that “the election process also revealed substantial shortcomings.” Tajikistan in Context Tajikistan is located at the heart of the ancient Silk Road traversing the Eurasian landmass, bordering Afghanistan, China, Uzbekistan, and Kyrgyzstan. With about seven million people, Tajikistan has a young, growing population that is largely Sunni Muslim and speaks Tajik, a language closely related to Farsi. Tajikistan has one of the lowest GDP’s of the former Soviet republics; up to one million Tajik citizens are migrant workers abroad, mostly in the Russian Federation. Landlocked and home to the tallest mountains in the post-Soviet space, Tajikistan possesses abundant fresh water resources from glacial runoff. However, only six percent of Tajikistan is arable. Tajikistan also hosts one of the largest and most polluting aluminum smelters in the world. Additionally, since the fall of the Taliban in neighboring Afghanistan in 2001, the cross-border drug trade has dramatically increased, fueling corruption, drug addiction, and HIV/AIDS among the local population. Following the dissolution of the USSR, Tajikistan was the only former Soviet republic to experience a protracted civil war that claimed the lives of at least 40,000 people and displaced nearly a million. Despite extreme poverty, the country has made notable gains since the peace agreement signed almost 10 years ago that ended the civil war. The accord created a power-sharing agreement among the warring parties, including the only legal Islamic party in post-Soviet Central Asia. President Rahmonov was first elected in 1994 and re-elected in 1999. The Constitution of Tajikistan sets a presidential term of office at seven years. In 2003, a referendum amended the constitution to limit the number of consecutive terms an individual could be elected president to two, but allowed him to run again. As a result, President Rahmonov may seek another term in 2013, potentially serving until 2020. Pre-Election Climate As elsewhere in Central Asia, Tajikistan’s political system features top-down rule by the president, whose control of the state apparatus and state-run media greatly enhance his privileged position in any election. Pre-election decrees by the CCER did address some inequities in the election system, and the government provided opposition parties free air time on state television. However, the ability of independent media outlets to operate freely was restricted. And while multiple candidates did participate, the major opposition leaders experienced significant harassment from authorities and did not or could not run. For instance, Muhammadruzi Iskandarov, the former head of the Democratic Party, was sentenced to 23 years in prison in October 2005 under questionable circumstances. This year, authorities repeatedly threatened criminal penalties against the Chairman of the Socialist Democratic Party, Rahmatullo Zoyirov, for statements made regarding the number of alleged political prisoners in Tajikistan. Before his death in August, charges of slander were brought against the late Said Abdullo Nuri, Chairman of the Islamic Renaissance Party, who was arguably the only opposition presidential candidate with a national following. Of these three parties, only the anti-Iskandarov “Vatan” faction of the Democratic Party entered a candidate. Their bid was unsuccessful, as they could not obtain the necessary petition signatures in time to qualify for ballot inclusion. The CCER registered five candidates out of six nominees who submitted signatures for the election: Olimjon Boboev (Party of Economic Reform of Tajikistan); Abdukhalim Gaffarov (Socialist Party); Amir Karakulov (Agrarian Party); Emomali Rahmonov (Peoples’ Democratic Party of Tajikistan); and Ismoil Talbakov (Communist Party of Tajikistan). To run, candidates had to collect signatures representing five percent of registered voters, or approximately 160,000 names. Individuals could not sign more than one petition, and yet remarkably, the six applicants reportedly collected over 1.5 million signatures, equaling roughly half of the electorate in just 20 days. Considering that the pro-government Agrarian and the Economic Reform Parties were both established this year, their ability to set up a network to collect the required signatures was remarkable and implausible. Although roughly one of every two voters signed a petition (based on the claims of the parties), Commission staff did not meet any individual voter who had signed a petition nor did staff hear of any other OSCE observer that met a voter who also signed a petition. Each candidate had up to 30 minutes of free air time on state television and radio. Nevertheless, the OSCE EOM described the campaign period as “largely invisible,” with party platforms that were “similar,” and concluded that “none of the four candidates running against the incumbent offered a credible political alternative.” Furthermore, there was “little media coverage of the election campaign and a high media profile of the incumbent, raising doubts whether voters received sufficient information to make an informed choice.” Violations on Election Day The November 6 election was the first presidential election in Tajikistan observed by the OSCE, as minimum conditions for democratic elections were not in place for previous presidential contests. The EOM deployed 12 experts and 13 long-term observers to the capital city of Dushanbe and five other cities. The Mission was headed by Mr. Onno van der Wind of the Netherlands. Mr. Kimmo Kiljunen, a parliamentarian from Finland, led the observation delegation from the OSCE Parliamentary Assembly, which was integrated into the EOM. On Election Day, the EOM deployed 123 short-term observers representing 31 OSCE participating States. OSCE observers visited approximately 500 of 3,042 polling stations throughout Tajikistan and observed the closing procedures and tabulations in 47 District Election Commissions. Helsinki Commission staff members were accredited as OSCE observers and visited 15 polling stations in the Dushanbe area, ranging from large urban stations to smaller semi-suburban stations and two military precincts. They witnessed the opening and closing of a polling station, as well as tabulation at the District Electoral Commission level. Commission staff witnessed some type of violation in approximately three quarters of the polling stations visited. The most common problem was the appearance of identical signatures on the voter registry, possibly indicating proxy voting. However, proxy voting was only witnessed in one station. Family voting was widespread. In the vast majority of precincts, ballot boxes were not adequately sealed, but there was no visible evidence of tampering. There were no observed instances of voters being denied the opportunity to cast a ballot, nor were any such complaints raised with Commission staff. Commission staff did encounter teams of observers accredited by the Commonwealth of Independent States (CIS), the Russian Federation, and the People’s Republic of China. None of these teams appeared to operate under any kind of election observation methodology, in clear contrast to OSCE observers. As in past elections, the CIS observers drew starkly different conclusions about the electoral conditions than the conclusions of the OSCE EOM. Of the irregularities observed throughout the day, none appeared to be deliberate attempts to skew the final tally in favor of, or against any particular candidate. The infractions appeared to stem from a lack of proper training, old Soviet habits, and/or a general lackadaisical attitude to what was largely seen as an exercise with a foregone conclusion. Still, the vote count monitored by Commission staff at polling station 10 in Dushanbe’s Second District raised questions about the motives of the precinct workers, who appeared determined not to allow a credible observation. Initially, Commission staff were not permitted to enter the station. Once inside, they were not allowed to come within 15 feet of the table where election officials were counting the ballots. In addition, election officials stood in such a way as to block observers from having any view of the tabulations. Precinct staff did not follow closing procedures – counting the blank ballots last rather than first; results were not entered into the protocol as they were established, but rather at the end of the entire count. Staff questions about these concerns directed to the Precinct Election Commission head were unsatisfactorily answered. The EOM preliminary report echoed these findings. Of the polling stations visited by OSCE observers, proxy voting was cited in 19 percent of the stations and identical signatures were observed in 49 percent of the stations. The report cited incidents of security officials interfering in the work of the observers. In addition, the report found that “counting procedures necessary to ensure integrity and transparency of the process were generally not followed.” The report did note some areas of progress, such as the peaceful nature of the voting; CCER training for electoral commissions; provision of free air time for candidates; voter education efforts; ballots in multiple languages; and the availability of polling stations abroad. However, the EOM report concluded that overall the election “did not fully test democratic electoral practices” because of a “lack of genuine choice and meaningful pluralism.” The findings went on to state that “the election was characterized by a marked absence of real competition. Parties that determined themselves as political opposition to the incumbent chose not to contest the election. Thus, voters were presented with a choice that was only nominal.” Other issues of concern were: significant shortcomings in the election legislation; lack of transparency by the CCER; a government-controlled media environment; and an unusually high signature threshold for candidate participation. Post-Election Tajikistan The outcome of Tajikistan’s presidential contest was never in doubt – the only question was whether President Rahmonov’s final tally would be in the 80th percentile (as in Kyrgyzstan last July) or the 90th percentile (typical for Turkmenistan and Uzbekistan, and recently equaled in Kazakhstan). By that standard, the 79 percent that Rahmonov received could be considered modest for Central Asia. Nevertheless, the international community was able to assess Tajikistan’s commitment to democratization through its conduct before and during the election. Overall, the campaign and election presented a mixed, but generally frustrating, picture – while the electoral code reform, the lack of Election Day violence, and the participation of multiple candidates was positive, the prevalence of irregularities and the intimidation or arrest of major opposition leaders call into question President Rahmonov’s commitment to democratic reform. Although there was little question he would win a fair contest, the deck was carefully stacked anyway. Problems with Tajikistan’s electoral conduct are not new, as the OSCE observed their 2000 and 2005 parliamentary elections and found significant violations in both. The conclusions of the 2000 observation mission stated that Tajikistan must do more to “meet the minimum democratic standards for equal, fair, free, secret, transparent and accountable elections.” Despite OSCE engagement in the pre-election period last year, the 2005 parliamentary elections remained problematic, with the OSCE mission stating they “failed to meet many key OSCE commitments and other international standards for democratic elections.” Against that background, the 2006 presidential election was disappointing for not having achieved more and deeper systemic reforms. President Rahmonov, now safely reelected, has consolidated his position. The next real test of his commitment to electoral reform will be the 2010 parliamentary election, specifically, whether independent opposition parties can operate and organize freely. Many observers believe that the electorate’s vivid memory of the civil war has created an appreciation for the stability he represents, despite the country’s democratic shortcomings. However, 60 percent of the population is reportedly under 35 years old and if serious democratic reforms are not entrenched, and the 2010 parliamentary election again falls short of international standards, the political gains achieved since the end of the war may be jeopardized. As Rakhmonov begins a new seven-year term of office, it is critical that reform efforts move forward. A good sense of his government’s direction could come early in his new administration, if problematic draft NGO or religion laws, are reintroduced, since previous versions fell short of OSCE commitments. In addition, continued governmental efforts to close or harass independent media outlets will also indicate whether old policies will hold sway during the new term of office. Conclusion The United States should continue to find ways to help this impoverished nation develop economically and democratically, lending assistance when appropriate, while continuing to hold Tajikistani authorities to the OSCE commitments they freely undertook. The United States would do well to continue to actively encourage those laboring for a stable and open society in this country that has the potential to be a key partner in battling regional threats to U.S. interests. In addition, the growth of democracy and respect for human rights would enable Washington and Dushanbe to deepen their engagement, while cementing the stability and progress achieved in Tajikistan.
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statement
Religious Community Bulldozed in Kazakhstan
Thursday, December 07, 2006Today I express my deep concern about the destruction of thirteen homes in a Hare Krishna commune outside of Almaty, Kazakhstan. It is a saddening development considering that Kazakhstan is a participating State in the Organization for Security and Cooperation in Europe and has been vigorously pursuing a bid to chair the OSCE in 2009. I am greatly troubled by the actions taken against this peaceful religious community, which is reminiscent of the “bad old days.” On November 21, 13 Hare Krishna homes were destroyed in the Sri Vrindavan Dham commune in the village of Seleksia, 25 miles from Almaty. Orders to bulldoze the homes reportedly came from the Karasai District Court, giving the residents only 24-hours’ notice to gather all their possessions. When the bulldozers arrived, they came under the escort and supervision of riot police. The belongings of some who refused to leave were thrown out in the snow, and their furniture and larger household items taken away to be destroyed. Families were left without a home and many others left without water and electricity in the cold of winter. More damage could still be done – 53 more homes (one of which houses a temple) could be demolished and their 116-acre communal farm could be seized. Making this outrage all the more disturbing, the Karasai District Court reportedly announced that it will charge the community for the demolition expenses! I appreciate the strong statement issued by the U.S. Embassy in Astana urging Karasai district authorities to “refrain from any further aggressive actions.” The conflict over the commune has steadily intensified since a regional court ruled in March to confiscate the farm without compensation. A special government commission was established in response to international criticism to negotiate with the Hare Krishnas, but this process was short-circuited when the bulldozers revved up. Authorities justify these heartless actions by citing legal problems with the purchase of the farm by Hare Krishna’s in 1999, but most observers believe this is nothing more than a land grab dressed up as a legal proceeding. Despite Kazakhstan’s positive reputation for religious tolerance, I have been concerned by governmental actions against minority religious communities, such as the heavy fines (and sometimes arrests) during the past six months against Baptist ministers representing unregistered congregations. Also worrisome are increasingly harsh government policies toward Muslims who practice their faith independent of the government-controlled Muftiate. While President Nazarbayev’s initiative to bring world religions together to promote tolerance is laudable, his government’s harsh treatment of small and independent groups displays a sad absence of tolerance. In short, I do not believe these actions befit a country that would be a leader of nations. I urge President Nazarbayev and the Government of Kazakhstan to end these practices, withdraw the court cases to seize the Hare Krishna’s land, and ensure that all individuals are compensated for their lost property.
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statement
Southeastern Europe: Moving from Ethnic Cleansing and Genocide to Euro-Atlantic Integration
Thursday, December 07, 2006When I was appointed Chairman of the Helsinki Commission in early 1995, Mr. Speaker, the U.S. foreign policy establishment and its European counterparts were seized by a genocidal conflict of aggression against Bosnia-Herzegovina. Many here in the Congress were already deeply involved in bipartisan efforts to end the conflict by urging a decisive, international response under U.S. leadership. I can still recall the sense of horror, outrage and shame when the Srebrenica massacre occurred and nothing was done to stop it and other atrocities committed against civilians. Slobodan Milosevic, meanwhile, was comfortably entrenched as Serbia’s leader, with Kosovo under his repressive thumb. The situation was truly bleak. Today, relative calm prevails throughout the Balkans region, though simmering tensions and other serious problems could lead to renewed crisis and conflict, if left unchecked. Overcoming the legacy of the past and restoring dignity and ensuring justice for the victims will require sustained engagement and vigilance. Integrating the countries of the region into European institutions can advance this process. Slovenia has become a full-fledged member of both NATO and the European Union. Croatia is well on its way to similar membership, and Macedonia and Albania are making steady progress in the right direction. In a welcome development, Bosnia-Herzegovina, the epicenter of bloody carnage and mass displacement in the mid-1990s, was invited last week to participate in NATO’s Partnership for Peace Program, along with Serbia and the newly independent state of Montenegro. As a longstanding member and leader of the Helsinki Commission, I want to highlight some of the numerous initiatives we have undertaken in an attempt to draw attention to developments in the Balkans and to influence related policy. Since 1995, we have convened more than 20 hearings on specific aspects of the region as well as related briefings, legislation, letters, statements and meetings. These efforts have been undertaken with an uncommon degree of bipartisanship. In this regard, I particularly want to thank the Commission’s outgoing Ranking Member, Mr. Cardin of Maryland, for helping to make this a reality. Among the Commission’s most noteworthy accomplishments, I would include garnering the strong support that contributed to the establishment of the International Criminal Tribunal for the former Yugoslavia and pressing countries to cooperate in bringing those responsible for war crimes, crimes against humanity and genocide to justice. I would include the change in U.S. policy from relying on Milosevic to implement the Dayton Agreement to supporting democracy in Serbia as the long-term and genuine partner in building regional peace and stability. We have maintained a significant focus on elections, encouraging all the countries in the region to strive to meet international standards for free and fair elections as well as referenda. There has been tremendous progress in this regard. The Commission’s support for the OSCE, I believe, has helped the organization’s field activities in southeastern Europe to be more successful in promoting respect for the human rights and fundamental freedoms of all the people, regardless of ethnicity. Finally, on the more controversial policy of NATO’s action against Serbia in 1999, the Commission served as a forum to air differing views on the policy response while finding common ground in addressing the humanitarian crises, documenting human rights abuses and holding human rights violators to account. Mr. Speaker, while welcoming this progress in southeastern Europe, I would caution against complacency as the region faces significant challenges. Maintaining positive momentum will require much from actors in the region as well as the international community, including the United States. First and foremost is the situation in Kosovo. The pending decisions that will be made on Kosovo’s status give rise to growing expectation as well as apprehension and concern. Despite the many debates on larger issues of sovereignty, territorial integrity and self-determination, these decisions should and will ultimately be judged by whether or not they lead to improved respect for human rights, especially the rights of those people belonging to the Serb, Roma and other minority communities in Kosovo. The members of the minority communities deserve to be treated as people, not as pawns in a fight over territory and power. They should be allowed to integrate rather than remain isolated, and they should not be discouraged from integration when opportunities arise. I remain deeply concerned that these issues are not being given the attention they deserve. Whatever Kosovo becomes, OSCE and other international human rights standards must apply. Similarly, there is a need to ensure that justice is vigorously pursued for the victims of horrendous human rights violations. Conditionality on assistance to Serbia, as well as on that country’s integration, must remain firmly in place until Belgrade cooperates fully in locating at-large indicted war criminals and facilitating their transfer to the ICTY in The Hague. It is an outrage that Ratko Mladic and Radovan Karadzic remain at large. After refusing to take meaningful action on these cases, Serbia cannot be let off the hook now, but should be pressed to comply with its international obligations. A related issue is that of missing persons. Ten years after Dayton, additional mass graves continued to be uncovered, and the identification of the remains of relatives and loved ones is important for the survivors of past atrocities and their societies. The Commission recently held a briefing on identifying remains found in mass graves in Bosnia, and I hope that support for determining the fate of missing persons can be further strengthened. While some progress has been made in combating trafficking in persons in the region, all countries there need to intensify their efforts to end this modern-day form of slavery. Political will and adequate resources will be required, including through enhanced efforts by law enforcement and more vigorous prosecution of traffickers while providing protection for their victims. Religious freedoms also remain a cause for concern. Various laws in the region allegedly providing for religious freedom do more to restrict this fundamental right by establishing thresholds for registration, by discriminating against small or new religious groups through tiers of recognition with associated privileges for traditional faiths, and by precluding the sharing of creeds or limiting free speech. These restrictions are particularly burdensome to smaller religious groups and can lead to stigmatization, harassment, and discrimination against their members. For instance, Kosovo’s new religion law singles out certain communities for special status while failing to address how other religious groups can obtain juridical personality as a religious organization, thereby creating a significant legal void from the start. I urge Kosovo authorities to follow the progressive Albanian system and create a neutral registration system of general applicability. Macedonia is considering a draft law now, and I hope authorities will fully adopt the recommendations of the OSCE Panel of Experts on Religious Freedom, as certain provisions of the draft regarding the granting of legal personality need additional refinement. I similarly call on Serbian officials to amend their current law and ensure all groups seeking registration receive legal status. Meanwhile, there is a need to step up efforts to respect the sanctity and ensure the safety of places of worship that have in the past been the targets of ethnically-based violence in Kosovo, Bosnia, Serbia and elsewhere. Mr. Speaker, concerted efforts by courageous leaders in the Balkans and elsewhere have helped move the region from the edge of the abyss to the threshold for a brighter and more prosperous future. I congratulate the countries of southeastern Europe on the progress achieved thus far and encourage them to make further progress to ensure that all of the people of the region benefit.
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publication
Accountability and Impunity: Investigations Into Sterilization Without Informed Consent in the Czech Republic and Slovakia
Monday, August 14, 2006On December 23, 2005, the Czech Public Defender of Rights issued a report confirming that some Romani women had been sterilized without informed consent. His report constitutes an unflinching examination of several highly sensitive issues: the relationship between patients and doctors in the Czech Republic, the eugenics movement in Czechoslovakia, communist-era policies toward the Romani minority, and the question of whether the post-communist Czech Government brought a definitive end to the communist-era policy of targeting Romani women for sterilization. This report stands in stark contrast with Slovakia’s flawed investigation (completed in October 2003) of the same issue, which was marred by numerous shortcomings and insufficient follow-up. That inquiry prompted changes to the legal framework for sterilization in Slovakia which should help safeguard against the possibility that anyone will be sterilized without informed consent in the future. However, the Slovak Government’s investigation dismissed sterilizations without informed consent as merely “procedural shortcomings.” Moreover, the Slovak Government’s failure to acknowledge that wrongful sterilizations did, in fact, occur, contributes to the chasm of mistrust that divides Slovakia’s Romani and non-Romani citizens. Non-Roma have been misled by their government to believe that Roma falsely made accusations of egregious wrongs, and government institutions established to defend human rights have utterly failed to protect the rights of Roma. Download the full report to learn more.
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speech
Statement on Religious Freedom in Central Asia at the OSCE Parliamentary Assembly
Thursday, July 06, 2006Central Asia remains a region with one of the worst record on religious freedom, and Uzbekistan and Turkmenistan are the two most repressive regimes in the entire OSCE region. I therefore want to thank Christian Solidarity Worldwide and the Open Society Institute for holding this event to shine a light on these two countries. I also want to say it’s a pleasure to be here today with Kimmo Kiljunen, my colleague from the Finish delegation. The U.S. Helsinki Commission, of which I am a part, has actively engaged all five “Stans,” and especially these two. With Uzbekistan, despite accepting OSCE commitments to the contrary, the Karimov regime continues its policies of prohibiting unregistered religious activities, jailing thousands of Muslims, and prohibiting the ability of individuals to share their beliefs. Since the Andijon killings last May, the regime has clamped down even harder on all freedoms, but especially religious liberties. Reports indicate that twelve churches have since been stripped of registration, thus making any religious activity “illegal” and subject to significant penalties. There is even concern that a pastor in Andijon may be sentenced to up to 10-20 years in jail for his church work, forcing him to flee the country. The suppression of independent Muslim activity continues unabated, with Forum 18 now reporting that authorities are attempting to stop Muslim schoolchildren from attending mosques. The United States has always recognized that Uzbekistan faces real threats from extremists operating behind the guise of religion and our efforts to urge moderation should never be construed as supporting their ideology or activities. While the tragic events in Andijon were not specifically related to religious freedoms, the spark that ignited the protests was the over zealous prosecution of an Islamic sect. I will therefore continue to urge Uzbekistan to bring its policies into conformity with its OSCE commitments on religious liberties and allow the free practice of religion for all. However, due to the deteriorating conditions for religious freedom, I also believe that sanctions under the International Religious Freedom Act, passed by the Congress in 1998, should also be considered by the State Department. In neighboring Turkmenistan, the Niyazov regime continues to limit the abilities of its citizens to fully enjoy their religious liberties. The recent arrest of local human rights defenders and their relatives on the eve of a European Parliament delegation visit graphically demonstrates the repressive and paranoid nature of the Niyazov regime. Despite some modifications in their laws regulating religious practice, Turkmenistan continues to prohibit unregistered religious activities and to harass both registered and unregistered communities. Independent Muslim and evangelical groups, the Russian Orthodox Church and the Catholic Church all continue to experience problems in obtaining registration and operating freely. The former grand mufti also remains jailed. I will continue to raise with Turkmen officials the need to end the ban on unregistered religious activity, to register all groups so desiring, and to end the harassment of all communities. Although there have been some modest reforms in the past, if Turkmenistan doesn’t restart the reform process, I also believe that sanctions under the International Religious Freedom Act may be warranted. Although this event focuses on religious freedom in Uzbekistan and Turkmenistan, I do want to comment on a current development in Kazakhstan regarding media freedoms. Kazakhstan does have a better record on religious freedom than these two other countries. However, I was very disappointed that President Nazarbaev signed into law yesterday a very problematic bill that could severely limit freedom of expression. Some of the troubling aspects of the new law include that it reportedly doubles the number of grounds on which authorities may deny a media outlet registration; creates unduly restrictive registration procedures for new media outlets and re-registration procedures for existing media companies; and provides authorities with further opportunities to censor critical media. Considering the criticism the bill received from international and domestic media groups, and considering that Kazakhstan wishes to chair the OSCE in 2009, I am distressed that the President would sign this flawed law into force. I therefore urge the Government of Kazakhstan to revise the new law to ensure that OSCE norms on media freedom are fully respected. In closing, I want to thank CSW and OSI for convening this event and I look forward to working with you all in the future. By working together, we can hopefully motivate Uzbekistan and Turkmenistan to moderate their oppressive policies towards religious freedom.
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hearing
Belgium’s Chairmanship of the OSCE
Wednesday, June 28, 2006The Belgian Government assumed Chairmanship of the OSCE in January 2006. The first half of 2006 saw a number of developments within, and adjacent to, the OSCE region that formed the focus of the hearing. Among the issues addressed were developments in Central Asia and neighboring Afghanistan, the emergence of the Shanghai Cooperation Organization, the political situation in the Caucasus, and human rights trends in the Russian Federation. Commissioners also focused on OSCE democracy-promotion work, with a special emphasis on election monitoring, programs to combat anti-Semitism and other forms of intolerance, and initiatives aimed at promoting greater international cooperation to curtail human trafficking and child pornography.
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hearing
Human Rights, Democracy, and Integration in South Central Europe
Thursday, June 15, 2006The hearing, led by the Hon. Christopher H. Smith, the Hon. Sam Brownback , and the Hon. Benjamin L. Cardin, focused primarily on the legal restrictions on religious activities and other attacks on religious freedom, lagging efforts to combat trafficking in persons, discrimination and violence against Roma, and the prevalence of official corruption and organized crime. The efforts to encourage Bosnia-Herzegovina to move beyond the limitations imposed by the Dayton Peace Agreement will be discussed. Further, the plight of the displaced and minority communities of Kosovo, and the need for Serbia to cooperate fully with the International Criminal Tribunal will also be covered.
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speech
Statement on Human Rights in Central Asia at the Carnegie Endowment for International Peace
Tuesday, May 09, 2006First, let me thank the organizers of this conference for inviting me to speak. I applaud the co-sponsors for putting together this timely and sober gathering to mark the one-year anniversary of the Andijon events. I won’t bother talking to this audience about the human rights situation in Central Asia. The State Department’s annual Country Reports on Human Rights Practices routinely characterize the human rights observance in each country as “poor.” Some non-governmental organizations (NGOs) here today probably consider that too lenient, and I agree with them. It’s not surprising that countries which emerged from 70 years of communism should have difficulties creating rule of law states. But after 15 years of independence we should be seeing some separation of powers and a strong civil society. Instead, we see “super-presidents,” who have overwhelmed legislatures and judicial systems. Several have been in power for about 20 years, after rigged or canceled elections. “Royal families” control the most lucrative sectors of the economy and the media. Of course, newspapers in Kazakhstan have more leeway than in Uzbekistan or Turkmenistan. But even in Kazakhstan, reports on presidential misdeeds are taboo. Only in Kyrgyzstan do we see a freer media and hope of more in the future. And only in Kyrgyzstan is the president’s relationship with the other branches of power not yet set in a pattern of executive branch dominance. Yet a Tulip Revolution was necessary last year to bring about change in Kyrgyzstan, which raises serious questions about prospects for evolutionary development toward democracy in Central Asia. This brings us to Uzbekistan. No Central Asian country worked harder during the last 15 years to develop good strategic relations with Washington and to counterbalance residual Russian influence. But the country’s terrible human rights record complicated the development of a closer relationship. President Islam Karimov allows no opposition, torture is pervasive, for years human rights groups were unregistered, and Tashkent has waged war against Muslims who wanted to practice their faith outside state-approved channels. Now, the Islamic Movement of Uzbekistan is a terrorist group affiliated with al-Qaeda, and Hizb-ut-Tahrir is virulently anti-Western and anti-Semitic. But Karimov’s exclusive reliance on repression only exacerbates matters and has probably supplied cadres for radical and terrorist organizations. After September 11, 2001, we needed Uzbekistan’s cooperation and Karimov was delighted to help. Uzbekistan gave us a military base and the March 2002 agreement on strategic cooperation was signed in Washington. We agreed to support Uzbekistan, and Uzbekistan pledged to move towards democracy. But Karimov only implemented the democratization commitments just enough for Tashkent and Washington to point to “progress.” Gradually, frustration grew on both sides. It was just a matter of time before the arrangement collapsed. People often date the breakdown of U.S.-Uzbek relations to the events that happened in Andijon on May 12 and 13, 2005. We did not condone the violent takeover of government buildings in that city. But we condemned the indiscriminate shootings in the square that followed and when we called for an independent, international investigation, Karimov balked. As we all know, he began to move against U.S. NGOs. Few remain in Uzbekistan today. Then we were unceremoniously booted out of the K-2 base. But ties had actually soured long before, because Karimov saw the Stars and Stripes behind the Georgian, Ukrainian and Kyrgyz revolutions. Most alarming for Tashkent was the Tulip Revolution which proved that “people power” was possible in Central Asia. Like President Putin, Central Asian leaders insist that a sinister hand, based in Washington but using American NGOs working in the region, plotted the downfall of Eduard Shevardnadze, Leonid Kuchma and Askar Akaev -- and is now gunning for them. So a split has developed in Central Asia. Kyrgyzstan, though plagued by criminality and sometimes seemingly chaotic, is better off than with the previous corrupt regime and well disposed towards the U.S. Uzbekistan’s Karimov sees us as his greatest strategic danger; he has cracked down even harder and state-run media accuse us of trying to enslave Uzbekistan. Kazakhstan, Tajikistan and Turkmenistan are suspicious of our allegedly revolutionary goals but still want to maintain good ties – as long as they are not threatened by civil society. And Kazakhstan and Turkmenistan surely assume that we want their oil and gas too much to stir the pot. What can we do about this? How can we try to make things better, especially keeping in mind that U.S. influence is limited? This week I will be re-introducing my Central Asia bill, to help ensure that the United States is doing everything possible to encourage these governments to respect human rights and democratization. The act will also bring greater consistency to U.S. policy, creating a framework to guide our bilateral relations in Central Asia. The Central Asia Democracy and Human Rights Promotion Act supports the President’s freedom agenda by providing $118 million in assistance for human rights and democracy training and $15 million for increased Radio Free Europe/Radio Liberty and Voice of America broadcasting. The new Act will also establish a certification mechanism for the distribution of assistance to each government. The Secretary of State will determine whether each has made “significant improvements in the protection of human rights.” This system will have a national security waiver and is modeled on the current system in Foreign Ops appropriations for Kazakhstan and expanded for all five countries. In addition, considering the forced return of Uzbek refugees from Kyrgyzstan and Kazakhstan, the new Act will require the Secretary of State to report on whether any government is “forcibly returning Uzbeks or other refugees who have fled violence and political persecution.” This is modeled on language regarding Kyrgyzstan in Foreign Ops appropriations and expanded for all five countries. Notably, my new legislation will create a sanctions section for Uzbekistan. First, the bill concretizes into law the limitations already in place in Foreign Ops appropriations. The limitation prevents funding to the Uzbek Government unless the Secretary of State determines the government is “making substantial and continuing progress” towards respect for human rights and that the Uzbek Government begins a “credible international investigation” of Andijon. In addition, the new Act mirrors European Union sanctions by establishing a visa ban and an export ban on munitions. The sanctions section also establishes an asset freeze for Uzbek officials, their family members, and their associates implicated in the Andijon massacre or involved in other gross violations of human rights. Ladies and gentlemen, it is hard to promote democratization in strategically important countries whose leaders want to keep all real power in their own hands. Our task is especially complicated by the fact that Russia – which has re-emerged as a major international player, thanks to sky-high oil prices – is working hard to undermine our efforts. But I think the measures which I’ve outlined here in brief offer a good chance of achieving our goals. Thank you for your attention. I look forward to hearing the other participants’ views and your comments.
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article
From the Maidan to Main Street: Ukraine's Landmark Democratic Parliamentary Elections
Thursday, April 20, 2006By Commission Staff While pundits attempt to sort out the political meaning of Ukraine’s March 26th parliamentary elections to fill the 450-seat Verkhovna Rada, the significance of the conduct of the elections should not be missed. “Free and fair” was the resounding assessment of the OSCE-led International Election Observation Mission (IEOM) that also included observers from the OSCE Parliamentary Assembly, the Parliamentary Assembly of the Council of Europe, the European Parliament, the NATO Parliamentary Assembly, and the OSCE Office of Democratic Elections and Human Rights (ODIHR). This unqualified positive appraisal – a first among the 12 former Soviet republics outside the Baltics that have conducted scores of elections since the 1991 breakup of the Soviet Union – underscores the consolidation of democratic gains made in Ukraine’s 2004 Orange Revolution following years of political stagnation. These clean March 26th elections stood in stark contrast to the fatally flawed first rounds of the Ukrainian presidential elections that ushered in popular revolt sixteen months earlier. Coming on the heels of the blatantly undemocratic presidential “elections” in neighboring Belarus a week earlier, comparisons were inevitable. The Rada elections also followed a series of recent electoral contests elsewhere in the former Soviet Union, including in Azerbaijan and Kazakhstan, which to varying degrees fell short of international standards. The OSCE assessment in Ukraine returns the “free and fair” formulation to the lexicon of international election observations, departing from the heavily nuanced appraisals that have become common in recent years. This development has potentially significant implications for future OSCE observations, especially with parliamentary and presidential elections expected in Russia in 2007 and 2008 respectively. Helsinki Commissioner Rep. Alcee L. Hastings, current President of the OSCE Parliamentary Assembly, was appointed by the OSCE Chair-in-Office to serve as Special Coordinator for short-term observers. Commission staff observed on Election Day, as part of the IEOM deployment of 914 observers coming from 45 OSCE countries including Russia. In all, the group examined voting and the vote count in nearly 3,000 polling stations. The Commission contingent observed balloting throughout the Kiev and Cherkasy regions. The Ukrainian Government declined to invite observers from the Commonwealth of Independent States (CIS), an entity discredited in the eyes of many for its effusive praise of fundamentally flawed elections elsewhere in the former Soviet Union, including Belarus’ undemocratic March 19 presidential contest. The CIS stood out for its sharply critical evaluation of Ukraine’s December 26, 2004 presidential elections that resulted in Victor Yushchenko’s victory in elections widely considered to have met democratic standards. Ukraine has refused to participate further in CIS monitoring missions. The two dozen Russian Duma observers present offered tempered, mixed opinions about the conduct of Rada elections. Whatever shortcomings there were in these elections – and no undertaking of this scale is perfect – they appear to have resulted from late or otherwise poor planning. Among these were delays in the formation of some district and precinct election commissions, the absence of a functioning Constitutional Court, long lines and crowding at some polling stations, and lingering inaccuracies in voter lists. On the positive side of the balance sheet were the significantly freer media and decidedly more balanced media coverage; no systematic use of administrative resources; the transparent, consensual and professional administration of the elections at all levels; inclusion of domestic, non-partisan observers; and an overhaul of voter lists. Election day began early with polling stations opening at 7:00 a.m. There were over 34,000 polling stations. Adding to the vibrancy of the elections was the large number of domestic observers, an indication of buy-in on the part of Ukrainians young and old alike with many affiliated with particular parties or candidates and others representing NGOs. Upon entering the polling stations, one was struck by walls plastered with informational bulletins on candidates and parties. Forty-five parties and blocs vied for seats in parliament. While the international community was mainly focused on the parliamentary balloting, voting was also underway for regional and local government. Voters were thus presented with four lengthy ballots: national and regional as well as local councils and mayoral races. While some older voters were befuddled by this collection of papers, most voters seemed to take it in stride. Election commission poll workers seemed attentive to their duties. This was put to the test in the complicated tabulation process that began, once polling stations closed at 10:00 p.m., typically involving the sorting and counting of thousands of papers. Processing the Rada results alone went into the wee hours of morning, with the three remaining stacks of ballots from other contests proceeding well past daybreak. The undeniable success of the domestic observation in these elections, buttressed by years of investment in training and support by the United States and others, raises obvious questions about the need for future international observations in Ukraine. Has the time come to “graduate” Ukraine from such scrutiny and leave that necessary task to Ukrainian stakeholders themselves? Many believe the March 26th elections confirm that that time has come, especially if Ukraine continues on its increasingly democratic trajectory. The greater and more prominent role of domestic observers, also reinforces the notion that the time for Ukraine’s “graduation” has come. Indeed, the OSCE should continue to encourage domestic stakeholders to prove themselves to their own people. The Maidan, Kiev’s Independence Square that featured so prominently in the massive demonstrations by orange-clad protesters in November 2004 and the jubilant crowds following Yushchenko’s victory a few weeks later, was calm on the Monday following the Rada elections. Strolling past this bustling area, Ukrainians were going about their routines, perhaps an indicator that the politics of democracy has moved from the Maidan to the Main Streets of cities and towns throughout the country. Whatever the pundits may declaim regarding the election results or the continuing strength of the Orange Revolution, what seemed palpable was a keen appreciation for the business of governing. Neither a democratic revolution nor a single “free and fair” election are guarantees that the resulting government will be in a position to immediately deal with the basic needs of its people. Overcoming these obstacles will have a profound impact on how the next government meets the political and economic challenges Ukraine faces at home and abroad. What we can say with confidence is that the March 26th elections were a further essential step in the process of overcoming the legacy of the past – a history marred by foreign domination, genocidal famine, denial of political and cultural freedom, and more recently political stagnation. Today, the people of Ukraine are removing the overgrowth of thorns – an image alluded to by the great poet Taras Shevchenko – that prevented them for so long from pursuing their own pathway to a brighter and more prosperous future.
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statement
Floor Statement in Support of H.Con.Res. 190
Tuesday, March 14, 2006H. Con. Res. 190 expresses the sense of the Congress that the Russian Federation should fully protect the right of its people to worship and practice their faith as they see fit. This freedom is the right of all religious communities without distinct, whether registered or unregistered, and that is stipulated by the Russian Constitution and by international standards. Yet I am sorry to report religious freedom for minority religious communities throughout the Russian Federation have been under growing pressure as local officials and government authorities continue to harass and limit the abilities of these groups to practice their faith freely. As we learned at a recent Helsinki Commission hearing, instances of violence have become alarmingly common. Arson attacks against churches in Russia have occurred in several towns and cities with little or no police response. In its 2005 International Religious Freedom Report, the State Department Office on International Religious Freedom notes: “Some Federal agencies and many local authorities continue to restrict the rights of various religious minorities. Moreover, contradictions between Federal and local laws and varying interpretations of the law provide regional officials with opportunities to restrict the activities of religious minorities. Many observers attribute discriminatory practices at the local level to the greater susceptibility of local governments than the Federal Government to discriminatory attitudes in lobbying by local majority religious groups. The government only occasionally intervenes to prevent or reverse discrimination at the local level.” Mr. Speaker, the internationally recognized expert on religious liberty in Russia, Larry Uzzell, has written: “Russia has now come to use as standard practice methods of religious repression that were applied only occasionally in the 1990s. Secular bureaucrats now typically refuse to authorize land transfers to Baptist churches and also forbid movie theaters or other public halls to sign rental contracts with them.” As a result, as an example: “In Moscow City alone some 10 Baptist congregations have ceased to exist simply because they could not find places within which to worship.” I would just note parenthetically, Mr. Speaker, I want to thank Larry for his extraordinary work in bringing this matter to the attention of the Congress. Larry is a tireless advocate for oppressed believers throughout Russia and Central Asia. He is facing some serious health issues now, and I would like to wish him a very speedy recovery. Mr. Speaker, in response to this growing and very negative trend in Russia, this resolution urges the Russian Federation to “ensure full protections of freedoms for all religious communities without distinction, whether registered or unregistered, and to end the harassment of unregistered religious groups by the security apparatus and other government agencies, as well as to ensure that law enforcement officials rigorously investigate acts of violence against unregistered religious communities, and to make certain that authorities are not complicit in such attacks.” I point out that in March 2004 a district court banned the religious activity of Jehovah's Witnesses in Moscow. For 2 years now the authorities have used the Moscow decision to harass the Jehovah's Witnesses Administration Center in St. Petersburg, with threats to “liquidate” the administrative center which could threaten local congregations of Jehovah's Witnesses throughout all of Russia. Members of the Russia's Muslim community and respected human rights activists have expressed concern regarding what they contend are large-scale fabrications of terrorism against Russian Muslims. One of Russia's Supreme Muftis has stated that random police checks and arrests are becoming commonplace throughout Russia for Russian Muslims. Let me reiterate that Russia has every right to defend itself against terrorism and to investigate and prosecute terrorists. Of course it does. Here in the United States we face the problem of combating terrorism while safeguarding civil liberties. I would urge the government, however, to strive for the proper balance in defending both its citizens as well as their civil liberties. Mr. Speaker, the religious liberty picture in Russia is not entirely dark, and it would be disingenuous to make that assertion. There are Nations that have worse records. They can be found on the list of “countries of particular concern” that is issued by the U.S. Department of State in its annual report on religious freedom around the world, so-called CPC countries like Vietnam. However, Russia is a member of the U.N. Security Council, an OSCE-participating State, and will soon chair the Council of Europe. In addition, this year, it is the chair of the G-8 and the host of the G-8 Summit in St. Petersburg in July. Considering all of these positions, they should be expected to uphold basic, internationally recognized and accepted standards to protect peaceful religious practice. That is what this resolution is all about.
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statement
Statement in Support of H.Con.Res.190 (McIntyre)
Tuesday, March 14, 2006Mr. Speaker, I am very pleased that the House is considering H.Con.Res. 190 today, that urges the Russian Federation to protect fully the freedoms of all religious communities without distinction, whether registered and unregistered, as stipulated by the Russian Constitution and international standards. As stated in the resolution, the United States throughout its history has sought to protect the fundamental and inalienable human right to seek, know, and serve God according to the dictates of one’s own conscience. I completely agree. The “first right” of religious freedom must be respected, and so this resolution is of critical importance. The Russian Federation is an OSCE participating State and has freely committed to protect this right, so that all may freely profess and practice the religion or belief, either alone or in community with others. Russia has promised to do this through numerous OSCE documents, but also in its own constitution. Article 28 of the Russian constitution declares “everyone shall be guaranteed the right to freedom of conscience, to freedom of religious worship, including the right to profess, individually or jointly with others, any religion.” Unfortunately, this fundamental right is not always observed, especially for groups that are not registered with the government. For groups denied registration, who have had their registration stripped, or refuse registration on religious grounds, the lack of registration means they experience significant difficulties in enjoying their religious liberties. Registration is critical for religious groups to enjoy fully their religious freedoms, as many rights and privileges afforded to religious communities are contingent on obtaining registration. In addition to discrimination by local authorities, in the last two years there have been more than ten arson attacks estimated on unregistered Protestant churches. At a Helsinki Commission hearing that I attended last year on problems facing unregistered religious groups in Russia, I was troubled to learn of the lack of effective action by law enforcement to bring the criminals to justice. The perpetrators of these hateful acts have gone unpunished, with police and other officials turning a blind eye. In the worst cases, law enforcement personnel have actually been the persecutors, carrying out violent actions against individuals from unregistered communities who are only wishing to practice peacefully their faith. In closing, the Russian Federation is urged to do more, to ensure that all may fully enjoy their religious liberties. I therefore urge my colleagues to support H.Con.Res. 190.
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statement
Statement in Support of H.Con.Res.190 (Pitts)
Tuesday, March 14, 2006Mr. Speaker, I rise today in support of H. Con. Res. 190, urging the Russian Federation to protect and ensure religious freedom for all people in Russia. Last year witnesses at a Helsinki Commission hearing on unregistered religious groups in Russia, provided alarming reports about the actions of local authorities towards unregistered or minority religious communities. Recurring reports of police harassment and criminal violence (that is rarely vigorously investigated) against these groups is jeopardizing the status of religious liberties in Russia. Adding to the concerns are recent reports that the Duma is preparing legislation to regulate the activities of missionaries. Reportedly, the bill would create administrative and criminal penalties for “unlawful missionary work connected with provoking religious extremism.” There was also speculation in the Russian media that the Justice Ministry was looking to tighten the rules for granting visas to foreign missionaries. Furthermore, there are also reports that the Duma is considering an amendment to existing legislation that would require re-registration of registered religious organizations. Mr. Speaker, these initiatives make evident that some people in the Russian government believe the role of the state is to control religious freedom rather than to facilitate and protect free expression. Officials know that it is very difficult for unregistered religious organizations to function effectively and freely—they know that limiting the actions of missionaries and restricting the distribution of visas would be the best option to control the growth of religious organizations. The Congress must send a clear signal to President Putin and other Russian officials that religious freedom is a critically important issue and that we expect Russia to uphold its own constitution and its international commitments and protect the fundamental right of freedom of conscience. This resolution specifically urges Russia to fully protect religious freedoms for all religious communities, whether registered or unregistered, and to prevent the harassment of unregistered religious groups by the security apparatus and other government agencies. I strongly urge my colleagues to support H. Con. Res. 190.
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statement
Statement in Support of H.Con.Res. 190
Tuesday, March 14, 2006Mr. Speaker, I rise today in support of H. Con. Res. 190, urging the Russian Federation to protect and ensure religious freedom for all people in Russia. Last year witnesses at a Helsinki Commission hearing on unregistered religious groups in Russia, provided alarming reports about the actions of local authorities towards unregistered or minority religious communities. Recurring reports of police harassment and criminal violence (that is rarely vigorously investigated) against these groups is jeopardizing the status of religious liberties in Russia. Adding to the concerns are recent reports that the Duma is preparing legislation to regulate the activities of missionaries. Reportedly, the bill would create administrative and criminal penalties for “unlawful missionary work connected with provoking religious extremism.” There was also speculation in the Russian media that the Justice Ministry was looking to tighten the rules for granting visas to foreign missionaries. Furthermore, there are also reports that the Duma is considering an amendment to existing legislation that would require re-registration of registered religious organizations. Mr. Speaker, these initiatives make evident that some people in the Russian government believe the role of the state is to control religious freedom rather than to facilitate and protect free expression. Officials know that it is very difficult for unregistered religious organizations to function effectively and freely—they know that limiting the actions of missionaries and restricting the distribution of visas would be the best option to control the growth of religious organizations. The Congress must send a clear signal to President Putin and other Russian officials that religious freedom is a critically important issue and that we expect Russia to uphold its own constitution and its international commitments and protect the fundamental right of freedom of conscience. This resolution specifically urges Russia to fully protect religious freedoms for all religious communities, whether registered or unregistered, and to prevent the harassment of unregistered religious groups by the security apparatus and other government agencies. I strongly urge my colleagues to support H. Con. Res. 190.
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statement
Statement in Support of H.Con.Res. 190
Tuesday, March 14, 2006Mr. Speaker, I am very pleased that the House is considering H.Con.Res. 190 today, that urges the Russian Federation to protect fully the freedoms of all religious communities without distinction, whether registered and unregistered, as stipulated by the Russian Constitution and international standards. As stated in the resolution, the United States throughout its history has sought to protect the fundamental and inalienable human right to seek, know, and serve God according to the dictates of one’s own conscience. I completely agree. The “first right” of religious freedom must be respected, and so this resolution is of critical importance. The Russian Federation is an OSCE participating State and has freely committed to protect this right, so that all may freely profess and practice the religion or belief, either alone or in community with others. Russia has promised to do this through numerous OSCE documents, but also in its own constitution. Article 28 of the Russian constitution declares “everyone shall be guaranteed the right to freedom of conscience, to freedom of religious worship, including the right to profess, individually or jointly with others, any religion.” Unfortunately, this fundamental right is not always observed, especially for groups that are not registered with the government. For groups denied registration, who have had their registration stripped, or refuse registration on religious grounds, the lack of registration means they experience significant difficulties in enjoying their religious liberties. Registration is critical for religious groups to enjoy fully their religious freedoms, as many rights and privileges afforded to religious communities are contingent on obtaining registration. In addition to discrimination by local authorities, in the last two years there have been more than ten arson attacks estimated on unregistered Protestant churches. At a Helsinki Commission hearing that I attended last year on problems facing unregistered religious groups in Russia, I was troubled to learn of the lack of effective action by law enforcement to bring the criminals to justice. The perpetrators of these hateful acts have gone unpunished, with police and other officials turning a blind eye. In the worst cases, law enforcement personnel have actually been the persecutors, carrying out violent actions against individuals from unregistered communities who are only wishing to practice peacefully their faith. In closing, the Russian Federation is urged to do more, to ensure that all may fully enjoy their religious liberties. I therefore urge my colleagues to support H.Con.Res. 190.
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speech
Debate on "Present World Crisis Regarding Freedom of Expression and Respect for Religious Beliefs"
Friday, February 24, 2006In the First Amendment of the Constitution of the United States, the people’s right to freedom of speech, including freedom of the press, and the people’s right to peacefully assemble to protest both, are guaranteed. As political leaders, we have a special responsibility—words have consequences. When words can lead to anti-Muslim or anti-Semitic or anti-Christian actions—we have a responsibility to speak out against such expression. The recent political cartoons published in the European press which mock the Prophet Mohammed and equate Islam and practicing Muslims with terrorism are not only offensive but also irresponsible because they foster anti-Muslim sentiment. We should protect the right of the press, but we should condemn such expressions as wrong. If we do not act, we risk leaving a terrible legacy to our children. Such a legacy would condone hate speech and racial and religious incitement. Such a legacy would lead to more tragic and unjustifiable violence, more discrimination against Muslims and more attempts by government to improperly control the media. We should act effectively and peacefully. Dr. Martin Luther King, Jr., the most profound civil rights leader in the United States in the 20th Century, cautioned all of us that the legacy of hate and violence must not be hate and violence. The violent response to the cartoons must be condemned, but our response to the cartoons must be decisive. The OSCE has acted against anti-Semitism, racism, xenophobia and all forms of religious discrimination. We have an action plan reinforced by ODIHR and our special representatives. We need to reinforce our efforts to educate respect and understanding among all religions. We need to strengthen training on the right and responsibility of a free media. We need to promote specific and appropriate activities in each of our States to facilitate these goals. As leaders, let our legacy be for each of our States—freedom of the press and greater understanding and respect for religious diversity.
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briefing
Religious Freedom in Uzbekistan and Turkmenistan
Wednesday, December 14, 2005Hon. Chris Smith, Co-Chairman of the Helsinki Commission, highlighted key policies of repression by Uzbekistan such as refusing registration for religious groups seeking legal status and perpetrating acts of aggression against members of these groups, and emphasized the lack of religious freedom for practicing Muslims in the country. Additionally, recent violations of religious freedom in Turkmenistan in spite of attempts at reform were evaluated. Witnesses testifying at the hearing - Witness One, a Baptist from Turkmenistan; Felix Corley, Editor of Forum 19 News Service; John Kinahan, Assistant Editor of Forum 19 News Service; and Joseph K. Grieboski, President of the Institute on Religion and Public Policy – presented personal testimonies and illustrated the importance of addressing the commitments of the governments of Turkmenistan and Uzbekistan to upholding religious freedom as members of the Organization for Security and Cooperation in Europe.
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statement
Religious Speech Limitations in Sweden
Wednesday, November 09, 2005Mr. Speaker, freedom of thought, conscience, religion or belief is a fundamental element of international human rights norms. It is inextricably intertwined with other fundamental rights, including the rights to freedom of speech, freedom of association and freedom of assembly. Considering this, I am increasingly concerned by European trends to place limitations on religious speech under the guise of preventing offense or limiting hate speech. One such case concerns Ake Green, the pastor of a Pentecostal church in Kalmar, Sweden, who was sentenced to 1 month in prison for “inciting hatred” against homosexuals. Pastor Green’s troubles began on July 20, 2003, when he expressed his disapproval of homosexuality in a sermon, founded upon his understanding of the Bible. He did not incite nor encourage his congregation on the small southeastern island of Oland to violence. He did, however, express his personal opinion on homosexuality and made a personal moral judgment that the lifestyle was sinful. He later circulated the sermon text to media outlets in an attempt to insert an alternative view into Sweden’s “marketplace of ideas.” When prosecutors saw the sermon printed, they brought charges against Pastor Green for “inciting hate” toward homosexuals. A district court agreed in June 2004, finding his sermon to be criminal. One particularly alarming quote from the district court’s decision stated, “It is forbidden to use the Bible or similar material to threaten or express disrespect for homosexuals as a group.” Mr. Speaker, should pastors really be sent to jail for sermons that a court deems “disrespectful” or “offensive”? Should the state really dictate how a religious leader interprets the Bible, the Torah, or other religious texts? The district court’s ruling raises the question of whether ministers and priests in Sweden are really free to preach their beliefs. I recognize that the right to freedom of expression is not absolute and not all speech is protected. After 9/11 and the Madrid and London bombings, we have all seen how criminals abuse religion to preach violence and lead others in criminal deeds. Authorities are within their rights to take legal action to curtail the speech when it rises to the level of posing an imminent threat of actual criminal action. The international community and the European Court of Human Rights have recognized this high threshold for limiting speech activity. Yet we must be careful to not limit religious liberties and speech rights. Thankfully, Pastor Green has not spent a night in jail while his case is on appeal. Also encouraging was the February decision by an appellate court to overturn the conviction, saying it is not illegal to preach a personal interpretation of the Bible. However, Sweden’s chief prosecutor, Fredrik Wersaell, appealed to the Supreme Court, contending that Green violated Sweden’s 2003 hate crimes law. The Supreme Court will hear the appeal on November 9th. Undoubtedly, Swedes enjoy tremendous religious freedoms and generally Sweden is a staunch defender of human rights. However, in this case, the government has sought to limit basic religious teachings. I believe the criminalization of the use of the Bible to express beliefs, if not overturned, will have frighteningly broad ramifications for the free practice of religion in Sweden and beyond.
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American Agenda Moves Forward at the 14th Annual OSCE Parliamentary Assembly
Friday, August 19, 2005The 14th Annual Meeting of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly convened in Washington, DC, July 1-5, 2005. Speaker of the House, J. Dennis Hastert (R-IL), the host for this year’s Assembly, welcomed more than 260 parliamentarians from 51 OSCE participating States as they gathered to discuss various political, economic, and humanitarian issues under the theme, “30 Years since Helsinki: Challenges Ahead.” Commission Chairman Senator Sam Brownback (R-KS) served as head of the U.S. Delegation, Co-Chairman Christopher H. Smith (R-NJ) was delegation vice-chairman. Secretary of State Dr. Condoleezza Rice gave the inaugural address at the assembly’s opening session, thanking the members of the OSCE PA for their work toward “human rights, the rule of law, free and fair elections, and the development of transparent, accountable institutions of government across the OSCE community and around the globe. “As the Chairman-in-Office and Parliamentary Assembly take a fresh look at the OSCE agenda and consider these and other items, preserving the integrity of Helsinki principles and ensuring that the OSCE continues to be an agent of peaceful, democratic transformation should be paramount objectives,” Secretary Rice said. Chairman Brownback in plenary remarks underscored the rich history of the Helsinki Process, unwavering U.S. commitment to human rights and the dignity of the individual, and the dramatic advances made in Georgia, Ukraine, and Kyrgyzstan. At the same time, he pointed to the remaining work to be done in the OSCE region and beyond to meet the promises made with the signing of the 1975 Helsinki Final Act. Offering guidance to the body, OSCE PA President and Helsinki Commissioner Rep. Alcee L. Hastings (D-FL) reiterated the gathering’s theme: “In this new Europe, and in this new world, the OSCE and the OSCE Parliamentary Assembly must stand ready to respond to new threats and challenges, and this means evolving and adapting to new realities.” Agenda and Issues Among the issues considered by the Assembly were recommendations for changes in the OSCE Code of Conduct for Mission Members, efforts to combat human trafficking, and calls for greater transparency and accountability in election procedures in keeping with OSCE commitments made by each of the 55 participating States. The First Committee on Political Affairs and Security met to discuss matters of terrorism and conflict resolution, including resolutions on the following topics: terrorism by suicide bombers the situation in Abkhazia, Georgia terrorism and human rights Moldova and the status of Transdniestria Under the chairmanship of Rep. Benjamin L. Cardin (D-MD), the Second Committee on Economic Affairs, Science, Technology and Environment moved on a number of issues, including resolutions and amendments on: small arms and light weapons maritime security and piracy the OSCE Mediterranean dimension money laundering the fight against corruption The Third Committee on Democracy, Human Rights and Humanitarian Questions tackled a number of resolutions, as well as two supplementary items brought by members of the U.S. Delegation. Other topics addressed by the Committee included: the need to strengthen the Code of Conduct for OSCE Mission Members combating trafficking in human beings improving the effectiveness of OSCE election observation activities The Assembly plenary met in consideration of the resolutions passed by the general committees as well as the following supplementary items: improving gender equality in the OSCE combating anti-Semitism Special side events were held in conjunction with the 5-day meeting, including a briefing on the status of detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, held by senior U.S. officials from the Departments of Defense and State. Members of the U.S. Delegation also participated in the following organized events: Parliamentary responses to anti-Semitism Working breakfast on gender issues Mediterranean side meeting Panel discussion on the Nagorno-Karabakh conflict Human rights in Uzbekistan Meeting of the parliamentary team on Moldova In addition, while participating in the Assembly, members of the U.S. Delegation held bilateral meetings with fellow parliamentarians from Azerbaijan, Georgia, Kazakhstan, and Turkmenistan. They also had formal discussions with the newly appointed OSCE Secretary General Marc Perrin de Brichambaut. Key U.S. Initiatives The successful adoption of a number of supplementary items and amendments to the Assembly’s Washington Declaration illustrated the extent of the activity of the members of the U.S. Delegation in the three Assembly committees. The delegation met success in advancing its initiatives in human trafficking, election observation activities, and religious freedom. As a result, the Washington Declaration reflects significant input based on U.S. initiatives. In the General Committee on Democracy, Human Rights and Humanitarian Questions, Senator Voinovich (R-OH) sponsored, and successfully passed, a supplementary item on funding for the Office for Democratic Institutions and Human Rights (ODIHR) to allow it to continue its missions and responsibilities. Speaking on the passage of his resolution on combating trafficking at the hands of international peacekeepers, Co-Chairman Smith said, “In the past, the lack of appropriate codes of conduct for international personnel, including military service members, contractors, and international organization’s employees, limited the ability to counter sexual exploitation and trafficking. That is finally changing.” The U.S. Delegation also overwhelmingly defeated text offered by the Russian Delegation that would have weakened the ability of ODIHR to effectively perform election observations. Co-Chairman Smith, principal sponsor of the amendments that served to frustrate the Russian resolution, praised the OSCE Parliamentary Assembly saying, “The Parliamentary Assembly has reaffirmed the central and historic leadership role of the OSCE’s Office of Democratic Institutions and Human Rights in monitoring elections….Parliamentarians from the participating States have soundly rejected the ploy to weaken OSCE election standards, holding participating States accountable when they fail to fulfill their OSCE election commitments.” On the issue of religious freedom, the U.S. Delegation carried through two amendments to the final Assembly declaration. “I am very pleased that these amendments passed,” said Co-Chairman Smith, who offered the amendments to the draft resolution. “However, the fact that the first amendment passed by only 10 votes underscores the continuing challenge in the fight for religious liberties in the OSCE region. The fact that parliamentarians are willing to discriminate against minority religious communities is sobering.” In addition, an amendment brought by Del. Eleanor Holmes-Norton (D-DC) that calls on the U.S. Congress to grant voting rights for residents of the District of Columbia secured passage. Leadership Positions Commissioner Hastings was re-elected unanimously to another one-year term as the President of the OSCE Parliamentary Assembly. Joining the U.S. leadership on the Parliamentary Assembly, Commissioner Benjamin L. Cardin was also re-elected Chairman of the General on Economic Affairs, Science, Technology and Environment by unanimous decision. Commission Co-Chairman Christopher H. Smith continues in his role as Special Representative on Human Trafficking to the OSCE PA. Additionally, Rep. Hoyer chaired the Ad Hoc Committee on Transparency and Accountability, which works to foster greater response from the governments of participating States to Assembly initiatives. The close of the Assembly was marked with the adoption of the Washington Declaration and concluding remarks by OSCE PA President Hastings. The Parliamentary Assembly will meet again next year, July 3-7, in Brussels, Belgium. U.S. Delegation to 14th Annual OSCE Parliamentary Assembly: Commission Chairman Sen. Sam Brownback (R-KS) Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) Sen. George Voinovich (R-OH) Rep. Steny H. Hoyer (D-MD) Rep. Louise McIntosh Slaughter (D-NY) Rep. Alcee L. Hastings (D-FL) Rep. Robert Aderholt (R-AL) Rep. Mike McIntyre (D-NC) Rep. Joseph R. Pitts (R-PA) Rep. Mike Pence (R-IN) Del. Eleanor Holmes Norton (D-DC)
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Human Rights in Iran: Prospects and the Western Response
Friday, August 12, 2005By Ronald J. McNamara, International Policy Director In response to ongoing developments in Iran, on June 9 the U.S. Commission on Security and Cooperation in Europe, also called the U.S. Helsinki Commission, held a hearing entitled, “The Iran Crisis: A Transatlantic Response,” to examine the continuing pattern of serious human rights violations in Iran and consider how to formulate an effective transatlantic response. The hearing is part of a series to explore emerging threats to countries in the OSCE region. Iran shares borders with several OSCE participant States: Armenia, Azerbaijan, Turkey, and Turkmenistan and also borders Afghanistan, an OSCE Partner for Cooperation. Commission Chairman Senator Sam Brownback (R-KS) focused squarely on the deteriorating human rights climate in Iran: “Across the border, Iran's human rights record is dismal and getting worse. The Iranian regime employs all of the levers of power to crush dissent, resorting in every form of persecution, even so far as execution. No effort is spared to silence opposition.” “Freedom denied” sums up the regime’s approach to fundamental human rights across the board, observed Chairman Brownback, “the tyrants in Tehran time and time again have shown a zeal for crushing outbreaks of free thought. Having come down hard on vestiges of independent media, the regime has pursued those who sought refuge on the Internet as a domain for democratic discussion.” Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) drew attention to the extensive economic ties between many European countries and Iran, suggesting that such interests influence policy toward Tehran. Smith also questioned the effectiveness of existing UN human rights structures and the need for major reform of the system. Dr. Jeff Gedmin, Director of the Aspen Institute Berlin, testifying before the Commission, noted the paradigm shift in U.S. foreign policy following the 9/11 terrorist attacks: “It’s changed our thinking about democracy, not only for the moral reasons, but because, as the president and others have said, the old realism, the old stability sort of policies didn't keep us safe, either. They weren’t fully moral, and they didn’t keep us safe.” Gedmin urged a more assertive approach toward Iran that would link the security approach and the human rights and democracy approach, and warned against concentrating on the former to the exclusion of the latter. Gedmin called for ensuring that promotion of democracy is part of any dialogue with the regime, while admitting that European commercial interests could complicate matters. In his testimony, Tom Melia, Deputy Executive Director of Freedom House, focused on the dynamics of democracy promotion more generally and efforts to foster related U.S. and European cooperation through the Trans-Atlantic Democracy Network initiative involving senior government officials and NGO activists from both sides of the Atlantic. He admitted that there are a variety of European perspectives on how best to encourage democratic change, contrasting “the more traditional Western European officials around Brussels and the newly arrived officials from Central and Eastern Europe….who are willing to be strong allies.” Citing the recently released report How Freedom is Won, Melia noted that broad civic engagement can speed democratic reform and that the absence of opposition violence in the struggle for change ultimately enhances the prospects for consolidation of democracy. Turning to Iran, he noted that the June 17th elections in that country “are not about filling the offices that matter in Iran.” Ms. Goli Ameri, Co-Founder of the Iran Democracy Project, addressed the complexities faced by Iranian-Americans who have thrived in the freedom and opportunity offered in the United States, and who hope that such liberties will be seen in Iran itself. She explained some of the differing approaches advocated within the community: “In my experience, there are three different views on U.S. policy towards Iran amongst Iranian-Americans. One group believes that the U.S. needs to take an active role and make regime change an official U.S. policy. The second group believes that freedom from decades of oppression can only come from the Iranian people themselves without any type of outside involvement.” Ameri continued, “In my travels, the majority of Iranian-Americans I met have a third, more considerate way in mind. They speak as concerned citizens of the United States and independent of political opposition groups or extremist political doctrines. They care about U.S. long-term interests as much as they care for their compatriots in Iran…Iranian-Americans support the promotion of a civil society and a civil movement in Iran. However, they want to ascertain that the format of support does not hurt the long-term security and interests of the United States, as well as not sully the mindset of the Iranian people towards the United States.” Ameri emphasized that Iranian-Americans, “differentiate between support for civic organizations and support for opposition groups, with the latter being of zero interest.” Dr. Karim Lahidji, an Iranian human rights activist since the late 1950s who fled Iran in 1979, pointed to contradictions that exist within the Islamic Republic of Iran, including the “farce” that the regime is somehow based on popular sovereignty. He noted that “power itself is dual in the sense that, on one hand, there is this [unelected] supreme guide, who is kind of a Superman, who supersedes over the other branches of government” and exercises “100 percent real executive power.” Under the current structures in place in Iran, Lahidji stressed, “the underlying and governing principle, it's not equality. It is discrimination that really rules” in which “the rights of the common citizen are different from the rights of Muslims, or the rights of non-Muslims are different from the rights of Muslims. Women don't have the same rights as men. But common people don't have the same rights as the clergy.” He concluded, “Under the present constitution, any reform of the power structure in the country that would lead to democracy or respect of human rights is impossible.” Manda Ervin, founder of the Alliance of Iranian Women, focused on the daily difficulties facing the average Iranian, including rising unemployment, unpaid workers, and other hardships that have spawned manifestations of civil disobedience that are in turn repressed by security and paramilitary forces. Hunger strikes and sit-ins by university students and journalists are common and are met with repression by the authorities. Citing arrests of activists, including members of the Alliance of Iranian Women, Ervin stated, “The regime of Iran practices gender apartheid and legal abuse of children. The constitution of this regime belongs to the 7th century and is unacceptable in the 21st century.” In an impassioned conclusion Ervin said, “the people of Iran need our support, our moral support, our standing in solidarity with them. They don't want words any more. They don't trust words. They want actions. They want United States and Europe to stand together against the regime of Iran.” The panelists repeatedly cited Iranian youth and the efforts of NGO activists as key elements in building a brighter future for Iran. 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.
The Russian Supreme Court could declare the Jehovah's Witnesses an extremist organization in a Wednesday hearing, a move that would lead to the seizure of the church's headquarters near St. Petersburg and the outlawing of the group’s organized worship.
In advance of the hearing, international concern has grown. “If the Supreme Court rules in favour of the authorities, it will be the first such ruling by a court declaring a registered centralized religious organization to be ‘extremist,’” the UN human rights’ high commissioner's office said in a statement on Tuesday.
The ruling would also cap off years of increased restrictions by the Russian Federation against minority religions. Last summer, Russia introduced an anti-terrorism law that also restricted evangelism, and a regional court ordered the deportation of six missionaries with the Church of Jesus Christ of Latter-day Saints. In 2015, a court banned the Church of Scientology’s Moscow branch.
Under a Russian law passed in 1997, there is freedom of religion, but four faiths are designated to be traditional—Orthodox Christianity, Islam, Judaism, and Buddhism—and other religious organizations must register with the government. Some groups, like Jehovah’s Witnesses, who are registered, still face bureaucratic and legal hurdles. Jehovah's Witness leaders estimate that there are 175,000 Russian-based adherents to the faith, which was founded in the United States the 1870s. Unlike Catholic, Protestant, and Orthodox Christians, Jehovah’s Witnesses believe that Jesus is the son of God but do not believe in the Trinity.
“They would basically be prosecuting Jehovah’s Witnesses as criminals,” David Semonian, international spokesperson for the Jehovah’s Witnesses, says of the pending court declaration. “Anyone who would actually would have our publications could be criminalized. It is of great concern.”
Jehovah’s Witnesses have filed a counter claim asking the court to rule the Justice Ministry’s actions as political repression. A ruling in favor of the ministry would make it a crime for Jehovah’s Witnesses to worship in the Russian Federation and dissolve the faith’s legal means to own or rent Kingdom Halls, their places of worship. In 2015, the Russian Federation banned the Jehovah’s Witnesses’ website JW.org, and customs officials stopped shipments of Jehovah’s Witnesses’ Bibles, citing the possibility they were extremist literature. Last year, Russia threatened to close the group’s national headquarters.
Roman Lunkin, a human rights fellow at the Wilson Center and an expert on church-state relations in Russia, says that Russian authorities have been targeting minority religions as “extremists” in an effort to demonstrate support for the Russian Orthodox Church and to marginalize organizations with suspected pro-western sympathies. "The treatment of the Jehovah’s Witnesses reflects the Russian government’s tendency to view all independent religious activity as a threat to its control and the country’s political stability," the U.S. Commission on International Religious Freedom said in a statement on Tuesday.
“Jehovah’s Witnesses are no threat to either the Russian Orthodox Church or to the Russian Government,” Semonian says. “The constitution guarantees freedom of worship, and that is all we are asking, to have the same rights as other religious groups have so we can go about our ministry in a peaceful way.”
Jehovah’s Witnesses are pacifists, and their religious beliefs require them to abstain from political activity. They declare allegiance only to God, not to a state or political entity. They do not vote, lobby, protest, or join military. This lack of participation can be seen as a threat if a state demands nationalist and patriotic activity.
“The persecution of the Jehovah’s Witnesses is very much tied to the resurgence of a new view of nationalism, where everything within the state is fine, but anything outside of the state has to be crushed,” Kristina Arriaga de Bucholz, a U.S. commissioner for International Religious Freedom appointed by House Speaker Paul Ryan, says. “A pacifist group that tells its members that their allegiance is to something outside of the government is immediately a group that will be perceived as dangerous to the regime.”
Other minority Christian groups in Russia, like evangelicals, have not yet faced the same level of scrutiny. Lunkin says it is impossible to accuse evangelicals of extremist activity because their literature and Bible translation matches that of the Russian Orthodox Church. Jehovah’s Witnesses have their own translation of the Bible, and they also have their own magazine and educational materials. Evangelicals also have closer relationships with government officials, he says. “It’s [about] a protection of traditional religions, and the Orthodox identity of Russian people,” Lunkin says. “But in fact it is about protecting personal power, because the main fear is changing of regimes in Russia.”
Jehovah’s Witness church leadership has reached out to the U.S. State department’s Office of International Religious Freedom, the U.S. Commission on International Religious Freedom, and the U.S. Helsinki Commission for aid. “We will do everything within our legal means to have the judgment reversed,” Semonian says. “Jehovah’s Witnesses are known worldwide for our peaceful activities, and under no circumstances would we ever resort to violence or any other activity that could be misunderstood or considered extremist.”
Jehovah’s Witness leaders have also asked their eight million members worldwide to write letters to Russia officials, including President Vladimir Putin and Prime Minister Dmitry Medvedev, to ask them to intervene. Instructions tell writers to “be candid but respectful,” and to mention how the faith has benefited their families. “Keep in mind that ‘a mild answer turns away rage,’ and ‘a gentle tongue can break a bone,’” the instructions say, quoting the Biblical book of Proverbs.
The decision will come as the U.S. Commission on International Religious Freedom is finalizing its annual report identifying countries of concern, its first such report for the Trump administration. The Commission is a bipartisan government advisory group that makes policy recommendations to the President, Congress, and the Secretary of State.
Since 2009, the group has designated Russia as a “Tier 2” nation, on the watch list one step below countries of particular concern. “The fate of the Jehovah’s Witnesses is the fate of any religious group that does not pledge its allegiance to the Russian government,” Arriaga says. “April 5 will definitely mark a new chapter of religious persecution in post-Soviet Russia.”