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article
Human Rights in Chechnya Focus of Helsinki Commission Briefing
Monday, June 02, 2003By John Finerty, CSCE Staff Advisor The United States Helsinki Commission held a briefing April 24, 2003 on the critical human rights and humanitarian situation in war-torn Chechnya, Russian Federation. The panelists of the briefing were Eliza Moussaeva, Director of the Ingushetia office of the Memorial Human Rights Center, and Bela Tsugaeva, Information Manager of World Vision, Ingushetia. The Commission guests were accompanied by Maureen Greenwood, Advocacy Director for Europe and Eurasia, Amnesty International, USA. Helsinki Commission Deputy Chief of Staff Ron McNamara opened the briefing. “Despite concerted efforts by the Russian leadership to portray the situation in Chechnya as approaching normal, the pattern of clear, gross and uncorrected violations of OSCE commitments by Russian forces continues,” McNamara said. “From reports of credible and courageous human rights activists such as our panelists, it is clear that the most egregious violations of international humanitarian law anywhere in the OSCE region are occurring in Chechnya today.” Ms. Moussaeva said that, as of late, Russian forces no longer conduct sweep operations (“zachistki”) in search of rebels, but now rely on night raids by masked personnel. In the three months from January to March, there were 119 abductions by federal forces engaged in such operations, according to Moussaeva, who added that during the same period last year, there were 82 abductions marking an increase in such activity by Federation forces. This shift in tactics has made it more difficult for families to trace their abducted relatives, whereas previously relatives generally knew which units had conducted the sweeps. Now, units and identities of the raiders are unknown, as well as the location of detainees. Officially, 2,800 persons are missing. Memorial believes the actual number to be significantly higher. Mass graves are a common find. In January, one mass grave was found in which the exact number of corpses could not be ascertained, because the bodies had been blown up by grenades to hide traces of torture and abuse. Authorities claim these individuals were abducted by Chechen rebel forces; yet some family members, who were able to identify their relatives by the clothing on the bodies, say that these individuals were actually taken by federal forces. According to Moussaeva, Moscow’s highly-touted March 23rd constitutional referendum has not marked an improvement in Chechen life on the ground. On one single day after the referendum, Memorial received reports of several cases of individuals abducted by federal forces. On the same day, a bus exploded, killing nine. Ms. Moussaeva asked, “So we have the question, why did we need that referendum if it didn’t change the situation for the better, if it didn’t bring us stability?” Regarding an OSCE presence in Chechnya, Moussaeva said, “We hope that they would have the opportunity to open in Chechnya again, and it will be a great help for us. The OSCE had a very positive experience and a good image after the first war.” Ms. Tsugaeva spoke about the situation for internally displaced persons (IDPs). According to information compiled by the Danish Refugee Council, there are some 92,000 IDPs in the neighboring republic of Ingushetia, which has a population of only 350,000. Fifteen thousand of the IDPs live in five large tent camps, 27,000 in other structures such as industrial plants or farms, and 50,000 in private accommodations, for which most have to pay rent. Most individuals lack basic necessities and have been asked by Ingushetia to leave, yet they have nowhere to go. Refugees in this region have also been subjected to efforts by federal officials to drive them away. Seventy percent of aid comes mainly from international NGOs, and the remainder from the UN. Bread distribution to these people is vital but irregular. Most international NGOs have been unable to open offices in Chechnya due to the security situation, meaning only the most needy, such as children and the elderly, can be provided for. Many land mines scattered throughout parts of the country formerly occupied by military forces are an additional cause for concern. According to official statistics, there were over 5,000 victims of landmine explosions in 2002. Despite the work of international NGOs such as the Handicap International Organization, most of these victims do not have access to adequate medical care and are in one way or another incapacitated for life. Ms. Moussaeva stated that an office established by the Putin government to monitor the human rights situation in Chechnya was ineffectual and merely for show. Of more than 29,000 complaints of harassment by federal forces filed by individuals, only 550 had been investigated. Ms. Greenwood commended the Helsinki Commission for its letter to Secretary of State Colin Powell urging the U.S. delegation at the United Nations Commission on Human Rights in Geneva to push for a strong resolution to the conflict in Geneva. The recently concluded 58th Meeting of the UN Commission on Human Rights failed by a vote of 15-21 to adopt a U.S.-supported resolution expressing “deep concern” about reported human rights violations in Chechnya. “Amnesty would like to thank co-signers Senator Ben Nighthorse Campbell, Representative Christopher Smith, Senator Gordon Smith, Representative Steny Hoyer, Representative Robert Aderholt and Representative Ben Cardin,” Greenwood said. Furthermore, Greenwood expressed Amnesty International’s concern regarding the targeting of civilians on both sides of the conflict. Chechen rebel forces have engaged in abductions, hostage taking, and assassinations. Russians have used tactics such as extra-judicial executions, rape, and torture. Amnesty International profiles a few prominent cases, but these represent hundreds of other cases of human rights abuses. Ms. Greenwood presented Amnesty International’s recommendations for the United States Government, including: pressuring the Russian Government not to close tent camps for IDPs; encouraging the US Government to maintain funding levels of the Freedom Support Act for pro-human rights and democracy NGOs in the Russian Federation; demanding access to Chechnya for international journalists and observers; and, supporting the establishment of a human rights tribunal in the Council of Europe. Amnesty International’s recommendations for the Russian Government included providing accountability for previous abuses and ending violations of human rights law. Finally, Amnesty International called upon Chechen rebels to abide by international law, and stop the kidnaping and killings. 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. United States Helsinki Commission intern Sean Callagy contributed to this article.
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statement
Human Rights in Belarus and Russia
Friday, May 09, 2003Mr. Speaker, as Co-Chairman of the Organization on Security and Cooperation in Europe, I have followed with particular concern both the deadly climate in Chechnya and the deterioration of human rights in Belarus. Such violations of basic human rights deserve focused criticism, and it is appropriate that the agenda of the United Nations Commission on Human Rights included resolutions on each situation. On April 17, the U.N. Commission voted 23-14 with 16 abstentions to approve a U.S.-cosponsored resolution urging the Belarusian authorities to investigate "fully and impartially" credible reports that senior government officials were involved in the disappearances in 1999 and 2000 of leading opposition figures and a journalist. I have followed these cases closely and have become increasingly frustrated at the Belarusian regime's intransigence in meaningfully investigating these disappearances. Here in Washington and at OSCE Parliamentary Assembly meetings in Paris and Berlin, I have had occasion to meet with the wives of the disappeared. These meetings have been heart-wrenching. The cases of their husbands--who disappeared in 1999 and 2000 and are presumed to have been murdered--offer a chilling glimpse into the nature of the regime of Belarusian dictator Alexander Lukashenka, a regime that has the worst human rights record in Europe today. In February, I introduced H.R. 854, the Belarus Democracy Act, designed to bolster democratic development in that beleaguered country, and I am pleased that the State Department authorization bill approved yesterday by the House International Relations Committee includes key provisions of the Belarus Democracy Act. This bill encourages sanctions against the Belarusian regime until certain conditions are met, including a full accounting of these tragic disappearances. The Belarusian people deserve to live in a society where democratic principles and human rights are respected and the rule of law is paramount, and I believe that the passage of the U.N. Human Rights Commission resolution is an important step towards that end. Mr. Speaker, I wish I could report that the U.N. Commission on Human Rights had acted with equal conscience on the issue of Chechnya. We all know the desperate human rights situation in that war-torn region of the Russian Federation. Since the Chechen war reignited in 1999, international and domestic Russian human rights organizations have documented the disproportionate and indiscriminate use of force by elements of the Russian military, as well as extrajudicial killings, abuse of prisoners, kidnaping, rape, and extortion of civilians. According to official statistics, 2,800 persons are missing in Chechnya; mutilated bodies of young Chechen males turn up almost daily. A representative of the respected human rights organization Memorial reported at a recent Helsinki Commission briefing that "one of the recent tendencies is to explode the corpses" in order to prevent identification. Needless to say, all of this is in clear violation of the Geneva Convention and the OSCE Code of Conduct during internal conflicts. What's left of the Chechen capital of Grozny after Russian artillery shelling has been compared to the ruins of Stalingrad in 1943. According to the U.N., there are 92,000 internally displaced persons forced to flee from the fighting, with around 17,000 living in tent camps in neighboring Ingushetia. Chechen forces are not entirely blameless. There are credible reports of their executing prisoners and using non-combatants as human shields. They have also assassinated pro-Moscow Chechen officials. The U.S. Government has placed three militant groups involved in the Chechen resistance on its list of terrorist groups. Still, is this an excuse for Russia's savage war against the civilian population? Despite all the documentation and eyewitness testimony on egregious human rights violations committed in Chechnya, the Commission on Human Rights rejected by a vote of 15-21 an even-handed European Union resolution expressing deep concern at the reported ongoing violations of international law in Chechnya. I note that the U.S. delegation did not cosponsor the resolution, though it did support it when the measure came to a vote. We should not be surprised that China, Sudan and Zimbabwe voted against the resolution. I do find it disconcerting, though, that the delegations of Armenia and Ukraine are in that less than distinguished company. Ambassador Jean Kirkpatrick, Head of the U.S. Delegation to the U.N. Commission noted: "The United States believes it important that the Commission address the serious human rights abuses that have occurred in Chechnya. We recognize Russia's right to defend its territorial integrity and itself against terrorism. The broader conflict in Chechnya cannot be resolved militarily and requires a political solution. Human rights violations by Russian forces in Chechnya need to be curtailed, and abusers held accountable." So the people of Chechnya continue to suffer, and the U.N. Commission on Human Rights looks the other way.
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statement
The Troubled Media Environment in Ukraine
Tuesday, April 29, 2003Mr. President, later this week individuals around the world will mark World Press Freedom Day. The functioning of free and independent media is tied closely to the exercise of many other fundamental freedoms as well as to the future of any democratic society. The Commission on Security and Cooperation in Europe, which I co-chair, is responsible for monitoring press freedom in the 55 participating States of the Organization for Security and Cooperation in Europe, OSCE. Recently, I reported to the Senate on the deplorable conditions for independent media in the Republic of Belarus. Today, I will address the situation of journalists and media outlets in Ukraine. Several discouraging reports have come out recently concerning the medic environment in Ukraine. These reports merit attention, especially within the context of critical presidential elections scheduled to take place in Ukraine next year. The State Department's Country Reports on Human Rights Practices in Ukraine for 2002 summarizes media freedoms as follows: "Authorities interfered with the news media by intimidating journalists, issuing written and oral instructions about events to cover and not to cover, and pressuring them into applying self-censorship. Nevertheless a wide range of opinion was available in newspapers, periodicals, and Internet news sources." Current negative trends and restrictive practices with respect to media freedom in Ukraine are sources of concern, especially given that country's leadership claims concerning integration into the Euro-Atlantic community. Lack of compliance with international human rights standards, including OSCE commitments, on freedom of expression undermines that process. Moreover, an independent media free from governmental pressure is an essential factor in ensuring a level playing field in the upcoming 2004 presidential elections in Ukraine. In her April 18, 2003 annual report to the Ukrainian parliament, Ombudsman Nina Karpachova asserted that journalism remains among the most dangerous professions in Ukraine, with 36 media employees having been killed over the past ten years, while beatings, intimidation of media employees, freezing of bank accounts of media outlets, and confiscation of entire print runs of newspapers and other publications have become commonplace in Ukraine. The murder of prominent journalist Heorhiy Gongadze--who disappeared in September 2000--remains unsolved. Ukrainian President Kuchma and a number of high-ranking officials have been implicated in his disappearance and the circumstances leading to his murder. The Ukrainian authorities' handling, or more accurately mishandling of this case, has been characterized by obfuscation and stonewalling. Not surprisingly, lack of transparency illustrated by the Gongadze case has fueled the debilitating problem of widespread corruption reaching the highest levels of the Government of Ukraine. Audio recordings exist that contain conversations between Kuchma and other senior government officials discussing the desirability of Gongadze's elimination. Some of these have been passed to the U.S. Department of Justice as part of a larger set of recordings of Kuchma's conversations implicating him and his cronies in numerous scandals. Together with Commission Co-Chairman Rep. Chris Smith, I recently wrote to the Department of Justice requesting technical assistance to determine whether the recordings in which the Gongadze matter is discussed are genuine. A credible and transparent investigation of this case by Ukrainian authorities is long overdue and the perpetrators--no matter who they may be--need to be brought to justice. The case of Ihor Alexandrov, a director of a regional television station, who was beaten in July 2001 and subsequently died also remains unsolved. Serious questions remain about the way in which that case was handled by the authorities. A Human Rights Watch report, “Negotiating the News: Informal State Censorship of Ukrainian Television,” issued in March, details the use of explicit directives or temnyky, lists of topics, which have been sent to editors from Kuchma's Presidential Administration on what subjects to cover and in what manner. The report correctly notes that these temnyky have eroded freedom of expression in Ukraine, as "editors and journalists feel obligated to comply with temnyky instructions due to economic and political pressures and fear repercussions for non-cooperation." To their credit, the independent media are struggling to counter attempts by the central authorities to control their reporting and coverage of issues and events. Another troubling feature of the media environment has been the control exerted by various oligarchs with close links to the government who own major media outlets. There is growing evidence that backers of the current Prime Minister and other political figures have been buying out previously independent news sources, including websites, and either firing reporters or telling them to cease criticism of the government of find new jobs. Last December, Ukraine's parliament held hearings on "Society, Mass Media, Authority: Freedom of Speech and Censorship in Ukraine." Journalists' testimony confirmed the existence of censorship, including temnyky, as well as various instruments of harassment and intimidation. Tax inspections, various legal actions or license withdrawals have all been used as mechanisms by the authorities to pressure media outlets that have not towed the line or have supported opposition parties. As a result of these hearings, the parliament, on April 3rd, voted 252 to one to approve a law defining and banning state censorship in the Ukrainian media. This is a welcome step. However, given the power of the presidential administration, the law's implementation remains an open question at best, particularly in the lead up to the 2004 elections in Ukraine. I urge our Ukrainian parliamentary colleagues to continue to actively press their government to comply with Ukraine's commitments to fundamental freedoms freely agreed to as a signatory to the Helsinki Final Act. I also urge the Ukrainian authorities, including the constitutional "guarantor", to end their campaign to stifle independent reporting and viewpoints in the media. Good news from Ukraine will come not from the spin doctors of the presidential administration, but when independent media and journalists can pursue their responsibilities free of harassment, intimidation, and fear.
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briefing
The Critical Human Rights and Humanitarian Situation in Chechnya
Thursday, April 24, 2003This briefing followed a defeat, by a vote of 15-21 at the 59th Session of the United Nations Commission on Human Rights in Geneva, of a U.S.–supported resolution expressing “deep concern” about reported human rights violation in Chechnya. The developments in Chechnya since the outbreak of the war in 1994 were briefly surveyed, while the focus of discussion was largely on the human dimension of the situation and the dangers faced by average Chechen civilians. Witnesses testifying at the hearing – including Eliza Moussaeva, Director of the Ingushetia Office of the Memorial Human Rights Center; Bela Tsugaeva, Information Manager of World Vision; and Maureen Greenwood, Advocacy Director for the Europe and Eurasia division of Amnesty International – addressed the dismal state of human rights in Chechnya and the issue of international assistance, which was less effective than it could have been due to government accountability issues. The lack of infrastructure and security guarantees was additional topics of discussion.
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statement
The Referendum in Chechnya
Thursday, March 27, 2003Mr. Speaker, last Sunday, while the world's eyes were focused on the momentous events taking place in Iraq, a constitutional referendum was held in the war-torn region of Chechnya. The referendum was held as part of the Russian Government's attempt to “normalize” the situation in that tortured part of Russia's North Caucasus. For the last ten years, Chechnya has been the scene of a bloody war between armed Chechen rebels and Russian military forces. Hostilities were precipitated in late 1994 when, in the wake of Chechnya's attempt to secede from the Russian Federation, Russian military forces launched a full-scale assault on the Chechen capital of Grozny. There was a restive peace from 1996 until the summer of 1999, when the armed clashes erupted anew. The roots of this conflict go back to Tsarist conquests in the 19th century and Stalin's brutal deportation of the Chechen people to Central Asia during World War II. Unfortunately, certain radical Islamic militant elements linked to international terrorism have become involved on the Chechen side, though the State Department has stressed that not all Chechens are terrorists. Despite Moscow's repeated claims that heavy-handed Russian tactics in Chechnya are part of the war against global terrorism, the situation is far more complex. Many Chechens have taken up arms against what they believe is a repressive colonial power and wish to see Chechnya as an independent state that will be able to make the critical choice regarding the future of its people. As is so frequently the case, the civilian population has suffered terribly from the war. While both sides are guilty of violations of international humanitarian law, the Russian military and special operations units have been responsible for numerous and well-documented instances of gratuitous, brutal and mass violence against the civilian population. During my years in the leadership of the Commission on Security and Cooperation in Europe, the Commission has conducted eight hearings and briefings on Chechnya. Witnesses, including a nurse who was present in a Chechen town where some of the worst atrocities by Russian forces took place, have described the appalling fate of the civilian population. According to the U.S. State Department's Country Reports on Human Rights Practices for 2001, “The indiscriminate use of force by government troops in the Chechen conflict resulted in widespread civilian casualties and the displacement of hundreds of thousands of persons, the majority of whom sought refuge in the neighboring republic of Ingushetia. Attempts by government forces to regain control over Chechnya were accompanied by the indiscriminate use of air power and artillery. There were numerous reports of attacks by government forces on civilian targets, including the bombing of schools and residential areas.” The report continues: “Command and control among military and special police units often appeared to be weak, and a climate of lawlessness, corruption, and impunity flourished, which fostered individual acts by government forces of violence and looting against civilians.” Among the examples of such lawlessness and impunity in the Country Reports were “...reports of mass graves and 'dumping grounds' for victims allegedly executed by Russian forces in Chechnya” and “cleansing” operations directed against guerrillas but resulting in deaths and the disappearance of non-combatants. The State Department points out that Chechen forces also committed serious abuses: “According to unconfirmed reports, rebels killed civilians who would not assist them, used civilians as human shields, forced civilians to build fortifications, and prevented refugees from fleeing Chechnya. In several cases, elderly Russian civilians were killed for no apparent reason other than their ethnicity.” Against this unsettling backdrop, with an estimated 100,000 internally displaced persons living in refugee camps in neighboring Ingushetia, and under the guns of approximately 80,000 Russian soldiers in Chechnya, the Chechen people have reportedly voted overwhelmingly for the proposed new constitution. Nevertheless, it is difficult to believe that a genuine assessment of the public will would have been determined under such circumstances. I would ask the same question I asked in a Helsinki Commission press release over a month ago: “Are we supposed to believe that this referendum will stabilize Chechnya while armed conflict between the Russian military and Chechen fighters continue to produce death and destruction?'” The well-respected Russian human rights group, Memorial, has charged that Chechens were pressured to vote with the threat of losing their pensions or humanitarian aid. A joint assessment mission of the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe stated that “no group has been able to campaign officially against the referendum in the mass media or distribute literature arguing against the referendum,” although some opposition opinions were voiced in the media. Incidentally, in the concluding communique of the 1999 Istanbul OSCE Summit, the Russian Government agreed that all sides should seek a political solution to the conflict, and avail themselves of the assistance of the OSCE. This commitment was seriously undermined when the Russian government evicted the OSCE Assistance Mission to Chechnya at the end of last year. Mr. Speaker, the Bush Administration has stated that “...we hope [the referendum] can be the basis for a political solution to that tragic conflict.” I find that rather optimistic. The Russian Government might better instruct its military to stop terrorizing the civilian population, prosecute human rights violators and rebuild Chechnya. Then perhaps it would not have to hold referenda in Chechnya under armed guard.
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statement
Belarus Democracy Act 2003
Tuesday, March 25, 2003Mr. President, as Co-Chairman of the Commission on Security and Cooperation in Europe, I have closely monitored developments in the Republic of Belarus and informed my Senate colleagues of disturbing trends in that nation. I have met with members of the fledgling democratic opposition who, at great personal risk, dare to speak out against the repressive regime led by Alexander Lukashenka. I have met with the courageous wives whose husbands disappeared because they stood up to the regime and would not be silent. Against the backdrop of this climate of fear, the powers of the state have been brought to bear against independent journalists, trade unionists, and other voices of dissent. Increasingly, Belarus has been driven into self-imposed isolation under Lukashenka devoid of legitimate leadership or accountability. A little over a year ago I addressed the Senate to voice concern over reported arms deals between the regime and rouge states, including Iraq. It appears that such sales have taken on greater importance as the Belarusian economy spirals downward. Mr. President, while some might be tempted to dismiss Belarus as an anomaly, the stakes are too high and the costs too great to ignore. Accordingly, today, I am introducing the Belarus Democracy Act of 2003, which is designed to help put an end to repression and human rights violations in Belarus and to promote Belarus’ entry into a democratic Euro-Atlantic community of nations. As a participating State in the Organization for Security and Cooperation in Europe (OSCE), Belarus has accepted a series of norms in the areas of democracy, human rights and the rule of law. As Europe’s last dictator, Lukashenka continues to brashly trample the fundamental rights of his own people and their culture. As I alluded to earlier, independent media, non-governmental organizations, trade unions and the democratic opposition have had to operate under extremely difficult conditions, often facing serious mistreatment and an orchestrated campaign of harassment. Despite the repressions there are courageous individuals who support democracy have not been silenced. Two weeks ago, for example, Alexander Yarashuk, the leader of the Belarusian Congress of Democratic Trade Unions, called on Lukashenka to immediately cease backing Saddam. Moreover, just last week, on March 12, thousands gathered peacefully in a central Minsk square to protest deteriorating economic and social conditions in Belarus. Four of the rally’s organizers – Andrei Sannikov, Ludmila Gryaznova, Dmitry Bondarenko and Leonid Malakhov – were given 15 day jail sentences for “participation in unauthorized mass actions.” Despite calls for change within Belarus, and considerable prodding from the international community, Lukashenka has shown no desire to deviate from his path of authoritarianism and personal profit at the expense of his own people. A few months ago, Lukashenka, who effectively controls the Belarusian parliament, signed into laws a new, repressive religion law. Local elections held earlier this month followed the pattern of Belarus’ 2000 parliamentary and 2001 presidential elections – they were a joke. Control of election commissions, denials of registration for opposition candidates, “early voting” and outright falsifications were the norm. Mr. President, the Belarus Democracy Act of 2003 would authorize additional assistance for democracy-building activities such as support for NGOs, independent media, including radio and television broadcasting to Belarus, and international exchanges. It also encourages free and fair parliamentary elections, which have been notably absent in Belarus. This bill would also deny high-ranking officials of the Lukashenka regime entry into the United States. Additionally, strategic exports to the Belarusian Government would be prohibited, as well as U.S. Government financing, except for humanitarian goods and agricultural or medical products. The U.S. executive directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance for humanitarian needs. The bill would also require reports from the President concerning the sale of delivery of weapons or weapons-related technologies from Belarus to rogue states, including Iraq and North Korea. I am very pleased that the Ranking Member of the Committee on Foreign Relations, Senator Biden, is an original cosponsor of this measure. His support will ensure that we proceed on a bipartisan basis as we work to ensure the timely adoption and implementation of this legislation. Mr. President, the goal of the Belarus Democracy Act is to assist Belarus in becoming a genuine European state, in which respect for human rights and democracy is the norm and in which the long-suffering Belarusian people are able to overcome the legacy of dictatorship – past and present. Adoption and implementation of the Belarus Democracy Act will offer a ray of hope that the current period of political, economic and social stagnation will indeed end. The people of Belarus deserve a chance for a brighter future free of repression and fear. I ask unanimous consent that the text of the Belarus Democracy Act be printed in the Record. There being no objection, the bill was ordered to be printed in the Record, as follows: S. 700 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Belarus Democracy Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States supports the promotion of democracy, respect for human rights, and the rule of law in the Republic of Belarus consistent with its commitments as a participating state of the Organization for Security and Cooperation in Europe (OSCE). (2) The United States has a vital interest in the independence and sovereignty of the Republic of Belarus and its integration into the European community of democracies. (3) The last parliamentary election in Belarus deemed to be free and fair by the international community was conducted in 1995 from which emerged the 13th Supreme Soviet whose democratically and constitutionally derived authorities and powers have been usurped by the authoritarian regime of Belarus President Aleksandr Lukashenka. (4) In November 1996, Lukashenka orchestrated an illegal and unconstitutional referendum that enabled him to impose a new constitution, abolish the duly-elected parliament, the 13th Supreme Soviet, install a largely powerless National Assembly, and extend his term of office to 2001. (5) In May 1999, democratic forces in Belarus challenged Lukashenka's unconstitutional extension of his presidential term by staging alternative presidential elections which were met with repression. (6) Democratic forces in Belarus have organized peaceful demonstrations against the Lukashenka regime in cities and towns throughout Belarus which led to beatings, mass arrests, and extended incarcerations. (7) Victor Gonchar, Anatoly Krasovsky, and Yuri Zakharenka, who have been leaders and supporters of the democratic forces in Belarus, and Dmitry Zavadsky, a journalist known for his critical reporting in Belarus, have disappeared and are presumed dead. (8) Former Belarus Government officials have come forward with credible allegations and evidence that top officials of the Lukashenka regime were involved in the disappearances. (9) The Lukashenka regime systematically harasses and represses the independent media and independent trade unions, imprisons independent journalists, and actively suppresses freedom of speech and expression. (10) The Lukashenka regime harasses the autocephalic Belarusian Orthodox Church, the Roman Catholic Church, the Jewish community, the Hindu Lights of Kalyasa community, evangelical Protestant churches (such as Baptist and Pentecostal groups), and other minority religious groups. (11) The Law on Religious Freedom and Religious Organizations, passed by the National Assembly and signed by Lukashenka on October 31, 2002, establishes one of the most repressive legal regimes in the OSCE region, severely limiting religious freedom and placing excessively burdensome government controls on religious practice. (12) The United States, the European Union, the North Atlantic Treaty Organization (NATO) Parliamentary Assembly, and the OSCE Parliamentary Assembly have not recognized the National Assembly. (13) The parliamentary elections of October 15, 2000, conducted in the absence of a democratic election law, were illegitimate, unconstitutional, and plagued by violent human rights abuses committed by the Lukashenka regime, and have been determined by the OSCE to be nondemocratic. (14) The presidential election of September 9, 2001, was determined by the OSCE and other observers to be fundamentally unfair, to have failed to meet OSCE commitments for democratic elections formulated in the 1990 Copenhagen Document, and to have featured significant and abusive misconduct by the Lukashenka regime, including-- (A) the harassment, arrest, and imprisonment of opposition members; (B) the denial of equal and fair access by opposition candidates to state-controlled media; (C) the seizure of equipment and property of independent nongovernmental organizations and press organizations, and the harassment of their staff and management; (D) voting and vote counting procedures that were not transparent; and (E) a campaign of intimidation directed against opposition activists, domestic election observation organizations, and opposition and independent media, and a libelous media campaign against international observers. SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS. (a) PURPOSES OF ASSISTANCE.--Assistance under this section shall be available for the following purposes: (1) To assist the people of the Republic of Belarus in regaining their freedom and to enable them to join the European community of democracies. (2) To encourage free and fair presidential, parliamentary, and local elections in Belarus, conducted in a manner consistent with internationally accepted standards and under the supervision of internationally recognized observers. (3) To assist in restoring and strengthening institutions of democratic governance in Belarus. (b) AUTHORIZATION FOR ASSISTANCE.--To carry out the purposes set forth in subsection (a), the President is authorized to furnish assistance and other support for the activities described in subsection (c), to be provided primarily for indigenous groups in Belarus that are committed to the support of democratic processes in Belarus. (c) ACTIVITIES SUPPORTED.--Activities that may be supported by assistance under subsection (b) include-- (1) the observation of elections and the promotion of free and fair electoral processes; (2) the development of democratic political parties; (3) radio and television broadcasting to and within Belarus; (4) the development of nongovernmental organizations promoting democracy and supporting human rights; (5) the development of independent media working within Belarus and from locations outside Belarus, and supported by non-state-controlled printing facilities; (6) international exchanges and advanced professional training programs for leaders and members of the democratic forces in matters central to the development of civil society; and (7) other activities consistent with the purposes of this Act. (d) AUTHORIZATION OF APPROPRIATIONS.-- (1) IN GENERAL.--There is authorized to be appropriated to the President to carry out this section $40,000,000 for fiscal years 2004 and 2005. (2) AVAILABILITY OF FUNDS.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. SEC. 4. RADIO BROADCASTING TO BELARUS. (a) PURPOSE.--It is the purpose of this section to authorize increased support for United States Government and surrogate radio broadcasting to the Republic of Belarus that will facilitate the unhindered dissemination of information in Belarus. (b) AUTHORIZATION OF APPROPRIATIONS.--In addition to such sums as are otherwise authorized to be appropriated, there is authorized to be appropriated $5,000,000 for each fiscal year for Voice of America and RFE/RL, Incorporated for radio broadcasting to the people of Belarus in languages spoken in Belarus. (c) REPORT ON RADIO BROADCASTING TO AND IN BELARUS.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on how funds appropriated and allocated pursuant to the authorizations of appropriations under subsection (b) and section 3(d) will be used to provide AM and FM broadcasting that covers the territory of Belarus and delivers independent and uncensored programming. SEC. 5. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS. (a) APPLICATION OF SANCTIONS.--The sanctions described in subsections (c) and (d), and any sanction imposed under subsection (e) or (f), shall apply with respect to the Republic of Belarus until the President determines and certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the conditions described in subsection (b). (b) CONDITIONS.--The conditions referred to in subsection (a) are the following: (1) The release of individuals in Belarus who have been jailed based on political or religious beliefs. (2) The withdrawal of politically motivated legal charges against all opposition figures and independent journalists in Belarus. (3) A full accounting of the disappearances of opposition leaders and journalists in Belarus, including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the prosecution of the individuals who are responsible for their disappearances. (4) The cessation of all forms of harassment and repression against the independent media, independent trade unions, nongovernmental organizations, religious organizations (including their leadership and members), and the political opposition in Belarus. (5) The implementation of free and fair presidential and parliamentary elections in Belarus consistent with Organization for Security and Cooperation in Europe (OSCE) standards on democratic elections and in cooperation with relevant OSCE institutions. (c) PROHIBITION ON STRATEGIC EXPORTS TO BELARUS.-- (1) PROHIBITION.--No computers, computer software, goods, or technology intended to manufacture or service computers, or any other related goods or technology, may be exported to Belarus for use by the Government of Belarus, or by its military, police, prison system, or national security agencies. The prohibition in the preceding sentence shall not apply with respect to the export of goods or technology for democracy-building or humanitarian purposes. (2) RULE OF CONSTRUCTION.--Nothing in this subsection shall prevent the issuance of licenses to ensure the safety of civil aviation and safe operation of commercial passenger aircraft of United States origin or to ensure the safety of ocean-going maritime traffic in international waters. (d) PROHIBITION ON LOANS AND INVESTMENT.-- (1) UNITED STATES GOVERNMENT FINANCING.--No loan, credit guarantee, insurance, financing, or other similar financial assistance may be extended by any agency of the United States Government (including the Export-Import Bank and the Overseas Private Investment Corporation) to the Government of Belarus, except with respect to the provision of humanitarian goods and agricultural or medical products. (2) TRADE AND DEVELOPMENT AGENCY.--No funds available to the Trade and Development Agency may be available for activities of the Agency in or for Belarus. (e) DENIAL OF ENTRY INTO UNITED STATES OF CERTAIN BELARUS OFFICIALS.-- (1) DENIAL OF ENTRY.--It is the sense of Congress that, in addition to the sanctions provided for in subsections (c) and (d), the President should use the authority under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) to deny the entry into the United States of any alien who-- (A) holds a position in the senior leadership of the Government of Belarus; or (B) is a spouse, minor child, or agent of a person described in subparagraph (A). (2) SENIOR LEADERSHIP OF THE GOVERNMENT OF BELARUS DEFINED.--In this subsection, the term ``senior leadership of the Government of Belarus'' includes-- (A) the President, Prime Minister, Deputy Prime Ministers, government ministers, Chairmen of State Committees, and members of the Presidential Administration of Belarus; (B) any official of the Government of Belarus who is personally and substantially involved in the suppression of freedom in Belarus, including judges and prosecutors; and (C) any other individual determined by the Secretary of State (or the Secretary's designee) to be personally and substantially involved in the formulation or execution of the policies of the Lukashenka regime in Belarus that are in contradiction of internationally recognized human rights standards. (f) MULTILATERAL FINANCIAL ASSISTANCE.--It is the sense of Congress that, in addition to the sanctions provided for in subsections (c) and (d), the Secretary of the Treasury should instruct the United States Executive Director of each international financial institution to which the United States is a member to use the voice and vote of the United States to oppose any extension by those institutions of any financial assistance (including any technical assistance or grant) of any kind to the Government of Belarus, except for loans and assistance that serve humanitarian needs. (g) WAIVER.--The President may waive the application of any sanction described in this section with respect to Belarus if the President determines and certifies to the appropriate congressional committees that it is important to the national interests of the United States to do so. SEC. 6. MULTILATERAL COOPERATION. It is the sense of Congress that the President should continue to seek to coordinate with other countries, particularly European countries, a comprehensive, multilateral strategy to further the purposes of this Act, including, as appropriate, encouraging other countries to take measures with respect to the Republic of Belarus that are similar to measures provided for in this Act. SEC. 7. ANNUAL REPORTS. (a) REPORTS.--Not later than 90 days after the date of the enactment of this Act, and every year thereafter, the President shall transmit to the appropriate congressional committees a report that describes, with respect to the preceding 12-month period, the following: (1) The sale or delivery of weapons or weapons-related technologies from the Republic of Belarus to any country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly provided support for acts of international terrorism. (2) An identification of each country described in paragraph (1) and a detailed description of the weapons or weapons-related technologies involved in the sale. (3) An identification of the goods, services, credits, or other consideration received by Belarus in exchange for the weapons or weapons-related technologies. (4) The personal assets and wealth of Aleksandr Lukashenka and other senior leadership of the Government of Belarus. (b) FORM.--A report transmitted pursuant to subsection (a) shall be in unclassified form but may contain a classified annex. SEC. 8. DECLARATION OF POLICY. Congress hereby-- (1) expresses its support to those in the Republic of Belarus seeking-- (A) to promote democracy, human rights, and the rule of law and to consolidate the independence and sovereignty of Belarus; and (B) to promote the integration of Belarus into the European community of democracies; (2) expresses its grave concern about the disappearances of Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky; (3) calls upon the Lukashenka regime in Belarus to cease its persecution of political opponents or independent journalists and to release those individuals who have been imprisoned for opposing his regime or for exercising their right to freedom of speech; (4) calls upon the Lukashenka regime to end the pattern of clear, gross, and uncorrected violations of relevant human dimension commitments of the Organization for Security and Cooperation in Europe (OSCE), and to respect the basic freedoms of speech, expression, assembly, association, language, culture, and religion or belief; (5) calls upon the Government of the Russian Federation to use its influence to encourage democratic development in Belarus so that Belarus can become a democratic, prosperous, sovereign, and independent state that is integrated into Europe; (6) calls upon the Government of Belarus to resolve the continuing constitutional and political crisis in Belarus through-- (A) free, fair, and transparent presidential and parliamentary elections in Belarus, as called for by the OSCE; (B) respect for human rights in Belarus; (C) an end to the current climate of fear in Belarus; (D) meaningful access by the opposition to state media in Belarus; (E) modification of the electoral code of Belarus in keeping with OSCE commitments; (F) engagement in genuine talks with the opposition in Belarus; and (G) modifications of the constitution of Belarus to allow for genuine authority for the parliament; and (7) commends the democratic opposition in Belarus for their commitment to freedom, their courage in the face of the repression of the Lukashenka regime, and the emergence of a pluralist civil society in Belarus--the foundation for the development of democratic political structures. SEC. 9. DEFINITION. In this Act, the term "appropriate congressional committees'' means-- (1) the Committee on International Relations of the House of Representatives; and (2) the Committee on Foreign Relations of the Senate.
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statement
Assassination of Serbian Prime Minister Zoran Djindjic
Wednesday, March 12, 2003Mr. Speaker, I rise today with a heavy heart to condemn in the strongest possible terms the assassination of Serbian Prime Minister Zoran Djindjic. As a Member of Congress, I express my condolences to the government of Serbia and Montenegro and to the family of the late Prime Minister. Mr. Djindjic was one of the driving forces behind the extradition of Slobodan Milosevic to the Hague for war crimes, and also favored increased political and economic cooperation with the West. Mr. Speaker, I think it is our responsibility to encourage the government of Serbia and Montenegro to hold all of those responsible for the assassination accountable and to continue their work for economic reform and full cooperation with the War Crimes Tribunal, including the turning over of those indictees who still remain at large and cooperation on the witnesses and the information that is needed. Again, Mr. Speaker, we offer our condolences to the family.
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statement
In Memory of Zoran Djindjic
Wednesday, March 12, 2003Mr. Speaker, we learned today of the assassination in Belgrade of the Prime Minister of Serbia, Zoran Djindjic. This is a true tragedy, not only for family and friends of Mr. Djindjic but for all the people of Serbia and, indeed, for all who struggle for human rights and democratic development. Zoran Djindjic became a leader during difficult times in his country. He chose to stand in opposition to Slobodan Milosevic and his regime. That certainly was not the easiest course, and it took courage. Zoran Djindjic also had determination and, after repeated setbacks and obstacles, he played a key role in ousting Milosevic from power in 2000. He subsequently became, as Prime Minister of Serbia, a force for reform, recognizing that Serbia needed to cast off not only the yoke of Milosevic's rule but also Milosevic's legacy of nationalist hatred, organized crime, corruption and greed. Transferring Milosevic to The Hague in 2001 to face charges for war crimes, crimes against humanity and genocide perhaps best symbolized Djlndjic's continued courage and determination to conquer the sinister forces which seized his country. Zoran Djindjic was still battling resistance to reform in Serbia when his life was taken by the vicious act of cold-blooded assassins. These will undoubtedly be turbulent times for Belgrade, for Serbia, and for Montenegro which is just embarking on a new relationship with Serbia. This tragedy may have reverberations throughout the region, particularly in Bosnia and in Kosovo. It is my hope and prayer, Mr. Speaker, that the people of Serbia will respond to this crime with a loud and united cry: ``Enough is enough.'' In the past, they have seen the lives of journalist Slavko Curuvija and politician Ivan Stambolic snuffed out for their advocacy of a civilized Serbia, in which human rights and the rule of law are respected. Similarly Djindjic, too, was advocating such noble objectives. The very decent people of Serbia deserve a society which respects human rights and upholds the rule of law. That is what the leaders of Serbia must now provide without further hesitation or delay. I take heart in knowing that Djindjic had many colleagues who shared his vision of a reformed Serbia. My deepest condolences go to the family of Zoran Djindjic. I hope that the incredible grief they must now feel will be tempered by the pride they should feel in his accomplishments and service to his country.
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statement
Mourning the Assassination of Serbian Prime Minister Djindjic
Wednesday, March 12, 2003Mr. Speaker, I want to join the gentleman from California (Mr. Dreier) in his comments about Mr. Djindjic, the Prime Minister of Serbia. Serbia in the 1990s, like Iraq has gone through, was under the heel of a despot who was vicious and who in my opinion was a war criminal. When the United States acted to displace the Milosevic regime and ultimately Milosevic was voted out of office because we went into Kosovo, it was Mr. Djindjic who showed the courage and the moral commitment to ensure that Mr. Milosevic would be transferred to The Hague to answer for his crimes. That trial currently is going on. It is going on because Mr. Djindjic had the courage to facilitate the transfer out of Serbia to The Hague of the alleged war criminal Slobodan Milosevic. He has now been assassinated. We do not know yet who the perpetrator of that assassination is. Suffice it to say, we have lost someone whose courage and commitment to freedom and human rights was an important aspect for his country and for the international community. We are a lesser international community for his loss.
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statement
Commemorating 60th Anniversary of Historic Rescue of 50,000 Bulgarian Jews from the Holocaust
Tuesday, March 11, 2003Mr. SMITH of New Jersey. Madam Speaker, during the Holocaust, the Jews of Europe were subjected to persecution and, ultimately, targeted for total genocide--not only by foreign occupiers, but also at the hands of erstwhile friends and even their own governments. In the face of this atrocity, Bulgaria stands out for protecting its indigenous Jewish population from the evil machinery of the Holocaust. Despite official allied status with Nazi Germany, Bulgarian leaders, religious figures, intellectuals and average citizens resisted pressure from the Nazis to deport Bulgarian Jews to certain death in the concentration camps of Eastern Europe. Thanks to the compassion and courage of broad sectors of Bulgarian society, approximately 50,000 Jews survived the Holocaust. Once an ally of Nazi Germany in March 1941, the Bulgarian Government and Parliament came under pressure from the Nazi regime and enacted legislation severely curtailing the rights of the Jewish population. In February 1943, a secret meeting between, Hitler's envoy to Bulgaria, and Bulgaria's Commissar on Jewish Affairs, established a timetable for exporting to Germany the Jews in Aegean Thrace and Macedonia, territories then under Bulgarian administration, and deportation of Jews from Bulgarian cities. The deportations were to begin on March 9, 1943. Trains and boats to be used in the deportations were in place, and assembly points in Poland had already been selected when word of the plans was leaked. Almost immediately, 43 members of the Bulgarian Parliament led by Deputy Speaker Dimiter Peshev signed a petition to condemn this action. This, coupled with widespread public outcry from active citizens, political and professional organizations, intellectuals, and prominent leaders of the Bulgarian Orthodox Church, led the Minster of the Interior to stay the deportation orders. Later that month, Peshev again took a bold step in drafting a letter, signed by members of the ruling coalition, which condemned the possible deportation of Jews, calling this an ``inadmissible act'' with ``grave moral consequences.'' In May 1943, the plan for deportation of the Bulgarian Jews was finally aborted. King Boris III resisted Nazi pressure to advance the plan, arguing that the Jews were an essential component of the workforce. While some 20,000 Jews from Sofia were then sent to work camps in the countryside for the remainder of the war and subjected to squalid conditions, they nevertheless survived. Tragically, there was no such reversal of fate for the estimated 11,000 Jews from Aegean Thrace and Macedonia, who did not have the protection afforded by Bulgarian citizenship. Already driven from their homes in March 1943, these individuals were transported through Bulgarian territory to the Nazi death camps. Madam Speaker, this month marks the 60th anniversary of Bulgarian resistance to the Holocaust. The people deserve our commendation for their selfless efforts to preserve such a threatened religious community, and in fact, the number of Jews living in Bulgaria actually increased during the Holocaust. Bulgaria's record of tolerance was distorted by 40 years of communist misrule which culminated in the 1984-89 forcible assimilation campaign against its largest minority, the Turks. One of the first initiatives of the government following the fall of communism in November 1989 was the reversal of this brutal campaign. A return to the wholesale suppression of minority groups as exemplified by the forcible assimilation campaign is inconceivable today, and Bulgaria is a democracy that promotes respect for fundamental rights. Last year, Bulgaria's Ambassador to the United States, Elena Poptodorova, testified before the Helsinki Commission regarding the ongoing efforts of her government to promote tolerance, consistent with Bulgaria's historical traditions. I have been particularly encouraged by Bulgaria's initiatives, in cooperation with leading non-governmental organizations, to promote the integration of Roma and non-Roma in schools. This work deserves the full support of the Bulgarian Government. I am disappointed, however, that the Bulgarian Government has not yet adopted and implemented comprehensive anti-discrimination legislation, even though it pledged to do so in early 1999 in a platform of action on Roma issues, and committed to do so in the 1999 OSCE Istanbul Summit document. Four years have come and gone since Bulgaria made those pledges, and it is past time for those pledges to be honored. I am hopeful the Bulgarian Government will do more to combat violence motivated by racial or religious intolerance. Two cases of such violence, against Romani Pentecostals in Pazardjik, appear to have received only superficial attention from the authorities. Madam Speaker, I also was disappointed to learn of the recent passage of a new religion law in Bulgaria. Several drafts of a religion law had laid relatively dormant until the last months of 2002, when the process was expedited. As a result, it is my understanding that minority faith communities were excluded from the drafting process and assurances to have the Council of Europe review the text again were ignored. The law is prejudiced against certain religious groups and falls well short of Bulgaria's OSCE commitments. The law also jeopardizes the legal status of the Orthodox synod not favored by the Government and its property holdings, as well as threatens fines for using the name of an existing religious organization without permission. New religious communities seeking to gain legal personality are now required to go through intrusive doctrinal reviews and cumbersome registration procedures, and co-religionists from abroad have been denied visas based on poorly written provisions. Bulgaria's leadership on these various issues would be welcomed, especially in light of their plans to serve as Chair-in-Office of the OSCE in 2004. The United States is particularly appreciative of Bulgaria's firm stand against terrorism at this time, and we look forward to continued strong relations between our countries. The proud heritage stemming from the days of the Holocaust serves as a good reminder of the importance of taking stands which are right and true. Mr. Speaker, I am pleased that this Congress is able to recognize that heritage and historical fact.
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OSCE Parliamentarians Vow to Confront Anti-Semitism
Thursday, March 06, 2003By Donald Kursch, Senior Advisor American and German delegates to the Winter Session of the OSCE Parliamentary Assembly (OSCE PA) recently hosted a special forum in Vienna during which more than 75 parliamentarians from 17 countries expressed their support for efforts to combat anti-Semitism in the OSCE region. The forum was organized by the cooperative efforts of United States Helsinki Commission Co-Chairman and Chairman of the US Delegation to the OSCE PA Rep. Christopher H. Smith (R-NJ) and German Bundestag Member Dr. Gert Weisskirchen. Helsinki Commission Members Rep. Steny H. Hoyer (D-MD), Rep. Benjamin L. Cardin (D-MD) and Rep. Alcee L. Hastings (D-FL), as delegates to the Parliamentary Assembly, actively participated in the discussions. The forum also included parliamentarians from Bulgaria, Canada, the Czech Republic, Finland, France, Hungary, Italy, the Netherlands, Romania, Russia, Serbia and Montenegro, Sweden, Turkey and the United Kingdom. OSCE PA President Bruce George and Secretary General Jan Kubis also attended the meeting. Participants expressed their readiness to support the Parliamentary Assembly’s Berlin Declaration of July 2002 denouncing anti-Semitic violence and agreed that a pro-active approach by parliaments and governments are essential to counter anti-Semitism throughout the 55-nation OSCE region. That measure, based on a draft introduced by the U.S. delegation, was unanimously adopted in Berlin. Dr. Weisskirchen and Rep. Smith obtained substantial support for the German-U.S. joint action plan of December 2002 to combat anti-Semitism which encourages “all OSCE countries to enact appropriate criminal legislation to punish anti-Semitic acts and ensure that such laws are vigorously enforced.” The action plan also addresses the need for renewed educational efforts to counter anti-Semitic attitudes and stereotypes, and the proliferation of anti-Semitic and neo-Nazi material via the Internet. Dr. Weisskirchen opened the Vienna meeting by recalling Germany’s experience and stressed the importance of preventive action. He said that anti-Semitism is a virus that may appear small in the beginning but can quickly gain momentum, poison the body of state institutions and destroy democracy itself. Co-Chairman Smith cited the need for collective action and referred to a resolution he and Commissioner Cardin introduced in the U.S. House of Representatives to combat anti-Semitism that places particular emphasis on law enforcement and education. Mr. Michel Voisin, head of France’s delegation to the Parliamentary Assembly, described a new law passed unanimously by both houses of the French Parliament that doubles penalties for anti-Semitic and racist violence. He cited the law as an example of decisive action parliaments can take. Voisin noted that prior to the approval of this law on February 3, 2003, anti-Semitic and racist motives were not taken into account when punishing perpetrators of violence. According to Voisin, France is vigorously tackling the problem posed by proliferation of anti-Semitic and neo-Nazi material over the Internet and stressed that providers who knowingly promulgate such material will be held responsible. Austrian journalist and human rights activist, Marta Halpert, addressed the gathering as an expert witness. Citing the Austrian experience, she underscored how political populism was breaking old taboos in many European countries. Populists sought to fill gaps in the political spectrum by appealing to frustrated voters seeking simple solutions to complex problems, according to Halpert. Halpert said politicians such as Jörg Haider in Austria and Jürgen Möllemann in Germany used language to encourage those in the electorate who assert that “the Jews encourage anti-Semitism themselves.” She noted how Haider’s high profile has enabled individuals with extremist views to “enter the mainstream” and cited the example of an Austrian neo-Nazi who writes a regular column for a high circulation national newspaper. Halpert stressed the importance of politicians in all parties to vigorously denounce those who use xenophobia and anti-Semitism to appeal to the base fears of the electorate. Parliamentarians from several other OSCE participating States, including Canada, the Czech Republic, Italy, Sweden and Denmark, expressed their support for the joint German-American efforts. Canadian Senator Jerry Grafstein, OSCE PA Treasurer ,strongly endorsed the German-American initiative and praised the OSCE for leading international institutions in combatting anti-Semitism. He reminded his colleagues that “silence is acquiescence” and stressed that all parliamentary bodies of the OSCE participating States should take a strong, public stance condemning anti-Semitism in all its forms. Members of the Canadian, French, German, Italian and Swedish delegations signed formal statements of solidarity with the German-American initiative. Canadian MP and Third Committee Vice-Chair Sven Robinson said the fight against anti-Semitism attracts support across party lines in his country where efforts are underway to formulate a stronger response to those responsible for hate crimes. Czech MP and head of delegation Petr Sulak expressed solidarity with the initiative and recalled the immense suffering that anti-Semitism had brought to his country and elsewhere in central Europe. In his country alone, more than 300,000 had perished in the Holocaust. Italian Senator Luigi Compagna and MP Marcello Pacini highlighted proposals introduced into Italian legislative bodies to condemn anti-Semitism. According to Compagna and Pacini, such proposals are unprecedented. Various speakers raised the need to counter the proliferation of racist and anti-Semitic material through the Internet and endorsed the French delegation’s call for restrictions. Canadian MP Clifford Lincoln asserted that Internet service providers had to assume a greater sense of responsibility and questioned why measures to accomplish this would be a restriction on freedom of speech. Germany’s head of delegation, Bundestag Member Rita Süssmuth, said that speech should not be permitted to “ignore the dignity of others.” Rep. Cardin noted the need to trace material transmitted by the Internet more easily, but noted the delicacy involved in finding ways to do this that respect the right of freedom of expression. Rep. Cardin also congratulated the French on the passage of their new law and particularly endorsed its emphasis on motivation for a criminal act. This distinction was of great importance. He added that we also needed to increase the capability of schools and teachers to instruct the next generation to be fair minded and tolerant. Echoing this sentiment, Mr. Smith pointed out that youth are not inherently inclined to hate, but needed to be “taught by their seniors to hate.” He advocated that more resources should be devoted to promoting Holocaust awareness. Danish MP Kamal Qureshi also recommended better education and training for police, who needed to learn how to distinguish between anti-Semitic and racist motivated crime and common criminal acts. U.S. Helsinki Commission and OSCE PA Vice President Rep. Alcee Hastings suggested the OSCE consider granting a special award to individuals who had done the most in the region to combat anti-Semitism. U.S. Ambassador to the OSCE, Stephan Minikes, spoke of plans by OSCE Chairman-in-Office, Netherlands Foreign Minister Jaap de Hoop Scheffer, to hold a special conference on anti-Semitism. The date for such an OSCE conference has not been announced, but officials anticipate the two-day Vienna meeting will precede the Parliamentary Assembly’s July 2003 Annual Session to be held in Rotterdam. Topics will likely include the role of governments in monitoring anti-Semitism, appropriate legislation, education, law enforcement training and the role of civic leaders and NGOs in combatting anti-Semitism. Russian Duma member, Elena Mizulina, noted that some progress has been made in her country. She hailed a new law condemning racism and extremism as a “milestone,” and praised the efforts of President Vladimir Putin in supporting the legislation. However, according to Mizulina, much work remains. Mizulina said that anti-Semitic attitudes in Russia are much too common among the general population as well as elected officials. She said such attitudes are particularly common in Russia’s provinces where even certain state governors were still not embarrassed to express anti-Semitic views openly. Mizulina said that representatives from Russia and other CIS countries need to speak out more forcefully to condemn anti-Semitism and racism. She added that the OSCE Parliamentary Assembly has not done enough and strongly endorsed the notion that anti-Semitism be considered as a separate agenda item at the Rotterdam meeting. Delegates also welcomed the decision by the OSCE Chairman-in-Office, Dutch Foreign Minister Jaap de Hoop Scheffer, to convene a special OSCE meeting on xenophobia and anti-Semitism in the coming months. At the same time, they agreed that the Parliamentary Assembly needs to remain actively involved and that continuing the fight against anti-Semitism must be a high priority item at the Assembly’s Annual Session. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.
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statement
Condemning Anti-Semitism
Thursday, February 13, 2003Mr. Speaker, I am pleased to introduce, along with my colleagues Rep. Cardin, Rep. Wolf, Rep. Hoyer, Rep. Lantos, Rep. Wamp, Rep. Slaughter, Rep. Aderholt and Rep. Hastings, this resolution expressing the sense of the Congress that the sharp escalation of anti-Semitism, including violence, throughout the region of the Organization for Security and Cooperation in Europe (OSCE) is of serious concern to the U.S. Congress and the American people. We should make a concerted effort in our respective countries to end this disturbing trend. Anti-Semitism is a disease that has bedeviled previous generations of Jews throughout the centuries and formed a black spot on human history. As the 20th century witnessed the nadir of extreme violence against the Jewish community and their institutions, we must take extraordinary steps to ensure this plague does not infect the 21st century to contaminate future generations. Yet our work is cut out for us, as this past year Europe witnessed a profound increase in vandalism against Jewish cemeteries, synagogues and cultural property, as well as mob assaults, fire bombings and gunfire. This year already a Jewish rabbi was stabbed twice in his Paris synagogue by an assailant. Thankfully, he was released from the hospital the same day. Certainly our own country is not immune, as acts of vandalism and violence continue to sporadically occur. As these incidents made graphically clear, silence is not an option when we are witnesses to insensitivity and violence. The Helsinki Commission, which I co-chair and on which Mr. Cardin serves has taken the lead in voicing concern and working for real change. On May 22, 2002, the Commission held a hearing to raise specific attention to the growing problem of anti-Semitic violence in the OSCE region. From that hearing a number of initiatives emerged. At the OSCE Parliamentary Assembly Annual Session in Berlin last July, I introduced and successfully secured unanimous approval of a resolution denouncing anti-Semitism and calling for all OSCE governments to do more. Mr. Speaker, for the record, I submit the text of the OSCE PA resolution. In addition, the U.S. delegation co-sponsored an unprecedented special session with the German delegation to further discuss the alarming trend with our fellow parliamentarians. In December, the Commission co-hosted here in Washington a parliamentary forum on anti-Semitism with German parliamentarians, also attended by a prominent member of the Senate of Canada, Jerry Grafstein. At the conclusion of this event, myself and the German co-chair, Gert Weisskirchen, signed a letter of intent highlighting specific areas for further work and pledging to enlist the support of other parliamentarians from OSCE participating States. I have submitted a copy of the letter of intent, for the record. Mr. Speaker, I am pleased to introduce this resolution, and I am eager for the House to go on record in support, making sure both the Congress and our government are doing everything possible to see an end to this scourge. I am especially pleased that the resolution calls for all OSCE participating States to ensure effective law enforcement and prosecution of individuals perpetrating anti-Semitic violence, as well as urging the parliaments of all participating States to take concrete legislative action at the national level. In sum, I look forward to working with my colleagues to continue our steadfast efforts to see an end to anti-Semitic violence.
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Parliamentarians Organize to Combat Corruption
Monday, January 27, 2003By Marlene Kaufmann CSCE Counsel The Canadian Senate and House of Commons hosted the Global Conference of Parliamentarians against Corruption held in Ottawa, Canada October 13-16, 2002. The assembly brought together more than 150 parliamentarians from 50 countries to review strategies aimed at enhancing integrity and building capacity within individual parliaments in order to promote good governance worldwide. Participants in the conference officially launched the Global Organization of Parliamentarians Against Corruption (GOPAC). In addition to officially launching GOPAC the conference had several objectives. First, those assembled sought to develop an improved and shared understanding of how parliamentarians can be more effective in promoting accountability, transparency and participation in governance – and therefore promote integrity and combat corruption. Second, they developed a broader consensus as to how a global organization of parliamentarians can best support individual parliamentarians in becoming more effective in doing so. Participants addressed these themes through a series of three workshops focusing on: the role of the individual member of parliament, the oversight role of parliaments, and the institutional integrity of parliaments. Each of the working groups approached the challenge of promoting transparency from a particular perspective; nevertheless, some common recommendations emerged including: ensuring freedom of the media and free and open elections undertaking effective legislative oversight of the executive – particularly on budgetary matters and access to information establishing effective parliamentary officers such as auditors general combating money laundering offering public education and support for NGOs which work to build civil society. Many delegates from developing countries noted particularly the lack of accountability with respect to international institutions and called for transparency in the work of the International Monetary Fund and the World Bank. Specifically, many parliamentarians called on these international financial institutions to better inform the citizens of recipient countries about the scope and purpose of loans and projects as well as an official follow-up reporting mechanism which would rate the success of each project and provide an audit of funds. Debate in the plenary sessions revolved around the number and nature of regional groupings, and adopting a constitution for the organization which had been drafted by the Parliamentary Centre of Canada, and proposed by the organizer of the conference, John Williams, MP from Canada. Ultimately, participants organized themselves into fourteen regional groupings and elected a Board of Directors and an Executive Committee. Although a constitution was adopted at this first global conference, members felt that several key provisions needed to be addressed and agreed to propose constitutional changes to be considered at the next Conference, scheduled for 2004. In the interim, the Parliamentary Centre of Canada serves as the GOPAC secretariat. National and regional chapters will look to the Centre for information sharing, providing research on best practices and liaison with other international organizations. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.
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Hearing Surveys Human Rights in Republic of Georgia
Wednesday, January 15, 2003By H. Knox Thames CSCE Counsel The Helsinki Commission held a hearing September 24, 2002 on developments in the Republic of Georgia, with particular focus on the recent violent attacks against selected minority religious communities, as well as the threat of Russian aggression against that Caucasus nation. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing that examined Georgia’s prospects for democratization, its security situation, and how Washington can best promote the complementary goals of advancing democracy, human rights and economic liberty while leading the battle against international terrorism. The hearing opened with a gripping video documenting mob violence against Jehovah’s Witnesses and the failure of Georgian police to quell such attacks. Georgia, which became an OSCE participating State in 1992, was seemingly headed toward domestic stability and democratic governance in the mid-1990s, but recent trends have been disappointing. The official results of elections have not inspired confidence, undermining the public’s faith in democracy and the right of the people to choose their government. While civil society has grown substantially, independent media and non-governmental organizations remain at risk. The savage attack on the human rights organization, Liberty Institute, like the campaign of violence against Jehovah’s Witnesses and other minority faiths, as well as efforts to silence Rustavi-2 Television, testify to the lingering influence of forces bent on preventing Georgia from consolidating democracy, human rights and the rule of law. Meanwhile, Georgia has been under intensifying pressure from Russia, with Moscow accusing Georgia of failing to cooperate in the war on terrorism. Russian planes have invaded Georgian airspace and bombed the territory, killing Georgian citizens. Russian officials increasingly threaten to launch unilateral military actions within Georgia against Chechen rebels. Russian President Vladimir Putin recently asked the United Nations to support his country’s threats to launch military strikes inside Georgia. Moscow’s threats place at risk Georgia’s sovereignty and stability, moving Washington to consider how best to help Georgia defend itself and maintain control of its territory, while moving decisively against criminal elements and terrorists. This is a very complicated situation because much of the assistance from the United States is contingent upon Georgia’s compliance to stop religious violence within its borders. Co-Chairman Smith opened the hearing by acknowledging Georgia’s progress since the last hearing in 1995, but was quick to point out salient shortcomings. Mr. Smith voiced several concerns pertaining to Georgia’s internal problems. Special attention was paid to the inaction of the Georgian Government in regard to the mob attacks on minority faiths. “I am especially concerned and appalled by the ongoing religious violence in Georgia. Since 1999, there has been a campaign of assaults against members of minority faiths – especially Jehovah’s Witnesses – which Georgian authorities has tolerated,” Smith commented, “there can be no excuse for state toleration of such barbarity. It must end, and it must end now.” Not only was Mr. Smith concerned about the violence, but he also was concerned with the future of Georgia - U.S. relations because of the “rampant corruption,” unsatisfactory rate of democratization, and lack of compliance with OSCE standards. Mr. B. Lynn Pascoe, Deputy Assistant Secretary for European and Eurasian Affairs, voiced concern about the violence in the Pankisi Gorge and the Russian pressure on Georgia to eradicate the Chechen terrorist threat. Turning to trends in the areas of democracy and human rights, Pascoe noted, “We have stressed to President Shevardnadze and his government again and again that poor records on human rights and freedom of religion not only undermine Georgia's efforts at economic and democratic reform, but will also negatively affect our assistance if such problems are not addressed.” He further explained efforts in the Georgia Train and Equip Program (GTEP) to help Georgia in the war on terrorism, but suggested that U.S. assistance would diminish if Georgia does not act on the concerns voiced in the hearing. Georgian Ambassador Levan Mikeladze expressed his remorse for the mob attacks. He reassured the Commission that Georgia fully recognizes the problems in religious persecution and legal and practical actions are being taken to ensure there will be no more violent attacks: “We are hopeful that after all these assignments are executed, we will be in a position to say religion-based intolerance in Georgia has no future and manifestations of religiously motivated violence no longer occur.” Georgia’s security was a pressing issue for Ambassador Mikeladze given intrusions and aggression by the Russian Federation. He encouraged the United States to continue the GTEP and continue the strong rapport between the two nations. Co-Chairman Smith and Commissioner Joseph R. Pitts (R-PA) were not satisfied with Ambassador Mikeladze’s explanation and expressed concern regarding the lack of action on the part of the Georgian Government to bring the perpetrators of attacks against minority faiths to justice. Smith issued a strong call to action, explaining the injurious nature to Georgia-U.S. relations of Georgia’s failure to actively stop the mob attacks. Bishop Malkhaz Songulashvili of the Baptist Union of Georgia set forth a long list of why and how such violence and hatred could be permitted in a democratic state. In attempting to give an explanation as to why such events have occurred in Georgia, the Bishop observed, “We gained independence but we still have not reached freedom. Old values have gone. New values have not come yet.” Songulashvili remarked, “It is not an absence of religious legislation which causes religious violence and persecution but rather absence of culture, justice and general law.” Despite all the grievances noted, Bishop Songulasvili remained hopeful that there would be progress. He offered four “targets” as a solution for the current religious violence: “Family, Mass Media, School and Teaching Institutions, and Religious Congregations.” He concluded, “Our optimism for the better future should not be overshadowed by the turmoil of the present time.” Mr. Gennadi Gudadze, a Jehovah’s Witness from Tbilisi, testified to the brutality experienced by the Jehovah’s Witnesses in Georgia, including himself. He noted that “since then [October 1999], there have been 133 separate incidents involving either mob attacks, individual attacks or destruction of property.” Gudadze also pointed out that minimal action has been taken by the authorities against the criminals. He called for a three-pronged solution: apply the law, arrest the perpetrators, and remove the corrupt officials. Dr. Gia Nodia, Director of the Institute for Peace, Development, and Democracy, discussed the interrelationship between security on human rights. Dr. Nodia was very concerned with the possibility that the religious violence might evolve into political violence, hence impinging on the democratic process, causing much more turmoil within Georgia. Professor Stephen Jones of Mount Holyoke College gave a dismal summary of the current state of affairs in Georgia. He asserted that the government is failing its citizens and its current stability is based on the “thinnest of ice.” Professor Jones highlighted three main reasons for these failures: lack of economic security in Georgia; lack of proper institutions to carry out governmental and economic functions (i.e. Georgia’s current economy has shrunk 67% and industry is working at 20% of its capacity. Between 1997-2000, expenditure on defense decreased from $51.9 million to $13.6 million, education from $35.6 to $13.9 million, agriculture forestry and fishing from $13.4 to $7.2 million); and lack of political and public support for reform. Jones’ recommendation called for increased western aid, but the burden of progress lays heaviest on Georgia itself. The hearing concluded with a strong statement from Co-Chairman Smith urging the Government of Georgia to work quickly and effectively to eradicate its corruption and religious violence. He concluded his statement with these words, “Our only hope here is to try to promote human rights, democracy, and to protect the sovereignty of Georgia . . . from any forays by Russia.” An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission’s web site. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.
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publication
Democracy and Human Rights Trends in Eurasia and East Europe: A Decade of Membership in the Organization
Tuesday, December 31, 2002The ten-year anniversary of the collapse of the Union of Soviet Socialist Republics (USSR), an original signatory to the 1975 Helsinki Final Act, fell in 2001. The following year marked another milestone, perhaps less widely noted: the passage of a decade since the entry of the Eurasian and East European States into the Organization for Security and Cooperation in Europe (OSCE), which embraces all of Europe, the former Soviet Union, the United States and Canada. Membership in the organization is predicated on the acceptance of certain bedrock principles of democracy, a wide array of human rights commitments and modern norms of statecraft, including respect for the rule of law and promotion of civil society. This report conducts a review of Eastern European and Eurasian countries' records on these commitments over the course of the decade following the Soviet Union's collapse.
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publication
Democracy and Human Rights Trends in Eurasia and East Europe: A Decade of Membership in the Organization
Tuesday, December 31, 2002The ten-year anniversary of the collapse of the Union of Soviet Socialist Republics (USSR), an original signatory to the 1975 Helsinki Final Act, fell in 2001. The following year marked another milestone, perhaps less widely noticed: the passage of a decade since the entry of the Eurasian and East European States into the Organization for Security and Cooperation in Europe (OSCE)*, which embraces all of Europe, the former Soviet Union, the United States and Canada. Membership in the now 55-nation organization is predicated on the acceptance of certain bedrock principles of democracy, a wide array of human rights commitments and modern norms of statecraft, including respect for the rule of law and promotion of civil society. Each of the OSCE participating States, including those examined in this report, has committed to “build, consolidate and strengthen democracy as the only system of government of our nations.” Similarly, the participating States have declared that “human rights and fundamental freedoms are the birthright of all human beings, are inalienable and are guaranteed by law. Their protection and promotion is the first responsibility of government. Respect for them is an essential safeguard against an over-mighty State.” In a step designed to preserve the unity of the Helsinki process, each new participating State submitted a letter accepting in their entirety all commitments and responsibilities contained in the Helsinki Final Act, and all subsequent documents adopted prior to their membership (see Appendix I). To underscore this continuity, the leaders of each of the countries signed the actual original Final Act document (see Appendix II).
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article
Commission Holds Briefing on Ethnic and Religious Intolerance in Today's Russia
Tuesday, November 19, 2002By John Finerty, CSCE Staff Advisor On October 15, 2002, the Helsinki Commission held a briefing devoted to two recently issued reports on the subject of ethnic and religious intolerance in today’s Russia: the Moscow Helsinki Group’s “Nationalism, Xenophobia and Intolerance in Contemporary Russia” and “Anti-Semitism, Xenophobia, and Religious Persecution in Russia’s Regions” issued by the Union of Councils for Jews in the Former Soviet Union. Expert panelists were Ludmilla Alexeyeva, Chairperson of the Moscow Helsinki Group; Tatyana Lokshina, International Department, Moscow Helsinki Group; Micah Naftalin, Executive Director of the Union of Councils for Jews in the Former Soviet Union; and Dr. Leonid Stonov, Director of International Programs for the Union. In his opening statement, Commission Senior Advisor Donald Kursch welcomed the prospect of openness and tolerance in Russia, calling for the Russian leadership to set an example for its citizens to emulate. “Achieving success in the fight against intolerance demands strong leadership by the Russian Government and the Duma to provide effective legislation, regulations and standards. Training and sensitizing public officials...to be proactive in dealing with attacks on religious and ethnic minorities is critical,” he remarked. The panelists described the rise of ethnic and religious intolerance in several regions of the Russian Federation and the general lack of adequate response by authorities to the violence that frequently accompanies this intolerance. Such inaction, Alexeyeva contended, sends a message encouraging further manifestations of violence based on xenophobia and intolerance. She pointed to growing prejudice against persons from the Caucasus region of Russia, “Caucasophobia (sic) is definitely the most serious problem that Russia is faced with today. It is very widespread among the population in general, at all levels.” As an example of this phenomenon, Ms. Alexeyeva cited remarks by the former governor of the Krasnodar Region, Alexander Tkachev, who stated that people who do not have Russian last names or last names with typical Russian endings “have no place in the territory of Krasnodar Region.” Ms. Lokshina addressed the “religious xenophobia” carried out against minority religions, most notably against Catholics. There have been several instances in which Catholic clergymen from abroad have been denied permission to return to the Russian Federation despite their possession of valid entry visas and longstanding ties with their Russian parishes. “The introduction of educational programs that focus on the dangers of racism, nationalism and xenophobia and that foster respectful attitudes toward cultural diversities in officials, especially in police officials, judges and law enforcement, is vital and necessary in Russia,” she contended. Mr. Naftalin supported the statements made by the prior panelists, raising particular concern about anti-Semitism in the Russian Federation. He reported that, according to his organization’s research, there had been instances of xenophobic aggression and anti-Semitism in 63 of Russia’s 89 regions, and that violent incidents against minorities in Russia has increased 30 percent from last year. This exemplifies “a failed criminal justice system that it is in both Russia's and America's interest to repair,” he asserted. Against the negative attitudes of many public officials, Mr. Naftalin complimented the positive attitude and actions of Russia’s Human Rights Ombudsman, Oleg Mironov, and his regional network of regional offices. Naftalin concluded that the West should treat and monitor human rights abuses as seriously as the West monitors and inspects access to weapons of mass destruction. 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. United States Helsinki Commission Intern Shadrach Ludeman contributed to this article.
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statement
The War in Chechnya and Moscow
Thursday, November 14, 2002Mr. Speaker, next week following the NATO conference in Prague, President Bush is scheduled to meet with President Putin in St. Petersburg, Russia. It is expected that the two leaders will discuss such vital issues as the war against terrorism, the policies in Iraq, safeguards against weapons of mass destruction, and expanded energy cooperation between the United States and Russia. I would urge Mr. Bush to include on the agenda the continuing conflict in Chechnya. At this time, the Russian Government and its people are still recovering from the horrific events of last month, when a group of armed Chechen terrorists seized approximately 700 hostages in a Moscow theater and threatened them with execution if the Putin Administration did not withdraw its forces from Chechnya. After three days of terror, Russian special forces captured the theater, apparently killing all the terrorists. In the preliminary gas attack to neutralize the terrorists, over one hundred hostages lost their lives. This terrorist attack was appropriately condemned by the Bush Administration, and we all sympathize with the innocent victims of this attack. But Mr. Speaker, this does not mean that we should not step back and seriously examine the circumstances that have driven some elements of the Chechen resistance to such suicidal extremes. Perhaps it is because the Russian military, in its drive to suppress Chechen separatism, has employed means which virtually guaranteed to drive a despairing civilian population into the arms of a radicalized resistance. In the three and a half years since the war reignited when Chechen militants invaded neighboring Dagestan, the Russian military has embarked on a campaign of carnage, destruction, and looting against the civilian population. There are credible and ongoing reports of atrocities committed by members of the Russian military – indiscriminate shelling and bombing, murder, assault, rape, torture, arrests and “disappearances,” kidnaping and holding civilians for ransom. It is imperative that military personnel who commit such egregious human rights violations face criminal charges but the Russian military and judicial system has yet to demonstrate its commitment to bring such criminal actions to account. Nor should we have any illusions about some elements among the Chechen fighters, who have murdered hostages, kidnapped civilians for ransom and used them as shields during combat operations, and embarked on a campaign of assassination against fellow Chechens who work for the Russian civil government in Chechnya. And, as Deputy Assistant Secretary of State Steve Pifer testified before the Helsinki Commission, “We have seen evidence of individuals or certain factions in Chechnya who are linked to international terrorist elements, including Al Qaeda.” Without a doubt, war criminals and terrorists should be brought to justice, wherever they are and whomever they serve. In the wake of the attack on the theater in Moscow, President Putin has hardened an already uncompromising position against the Chechen fighters. But, it should be clear that the Russian scorched-earth policy against Chechnya and the Chechen people is not bringing peace to the region. Rather, such policies are sowing the dragon’s teeth of hatred and conflict for generations to come. The distinguished Newsweek commentator Fareed Zakaria recently wrote: Terrorism is bad, but those fighting terror can be very nasty, too. And the manner in which they fight can make things much, much worse. It is a lesson we had better learn fast because from Egypt to Pakistan to Indonesia, governments around the world are heightening their repression and then selling it to Washington as part of the war on terror. Russian officials called the Chechen fighters “rebels” or “bandits” until recently. Now they are all “international Islamic terrorists.” Secretary of State Colin Powell continues to call for the observation of human rights and a political settlement in Chechnya, while consistently and properly supporting Russia’s territorial integrity. But as the Danish Foreign Minister, Anders Fogh Rasmussen, recently summed up the issue, “We, of course, support Russia in the fight against terrorism ... but it is not a long-term solution to the Chechnya problem to launch a military action and bomb the country to pieces." In addition, the war in Chechnya has affected thousands of refugees, who have fled the constant carnage. In September of this year, I and 10 other colleagues from both the House and Senate wrote President Putin regarding the plight of the internally displaced persons escaping Chechnya to the neighboring province of Ingushetia. We urged the president to resist the forcible return of internally displaced persons seeking refuge in Ingushetia, elsewhere in the Russian Federation, or to any location where the security situation is unstable and proper housing unavailable. However, I have recently learned of 300 Chechen families who are currently facing expulsion from Ingushetia and are seeking refugee status in Kazakhstan. I hope the Russian Government will not expel these individuals, but instead will take all possible actions to alleviate the situation for the many innocent victims of the brutal violence. Mr. Speaker, I strongly urge President Bush to include these important issues in his talks with President Putin when they meet in St. Petersburg.
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briefing
Turkey: What Can We Expect After the November 3 Election?
Thursday, November 14, 2002This briefing addressed the November 3 elections, which were held during a rather turbulent time in Turkey. Turkey’s Justice and Development Party (AKP) led by Recep Tayyip Erdogan, a former mayor of Istanbul, won an unprecedented 34.27 percent of the votes in Turkey’s legislative election while the Republican People’s Party (CHP), led by Deniz Baykal, received 19.39 percent of the votes and won 178 seats in the next Parliament. Witnesses testifying at this briefing – including Abdullah Akyuz, President of the Turkish Industrialist’s and Businessmen’s Association, U.S. Representative Office; Sanar Yurdatapan, Musician and Freedom of Expression Advocate; and Jonathan Sugden, Researcher for Turkey with Human Rights Watch – addressed the massive recession face by Turkey and the concern of another war with Iraq. The effect, if any, on the rise of Islamist parties in Turkish politics is yet another concern. All of this following the recent snub by the European Union regarding Turkish accession, and increasingly bleak prospects for a resolution of the Cyprus impasse.
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publication
Human Rights and Inhuman Treatment
Tuesday, November 05, 2002As part of an effort to enhance its review of implementation of OSCE human dimension commitments, the OSCE Permanent Council decided on July 9, 1998 (PC DEC/241) to restructure the Human Dimension Implementation Meetings periodically held in Warsaw. In connection with this decision - which cut Human Dimension Implementation Meetings from three to two weeks - it was decided to convene annually three informal supplementary Human Dimension Meetings (SHDMs) in the framework of the Permanent Council. On March 27, 2000, 27 of the 57 participating States met in Vienna for the OSCE's fourth SHDM, which focused on human rights and inhuman treatment. They were joined by representatives of OSCE institutions or field presence; the Council of Europe; the United Nations Development Program; the United Nations High Commissioner for Refugees; the International Committee of the Red Cross; and representatives from approximately 50 non-governmental organizations.
United States lawmakers took a step on Tuesday toward criminalizing doping in international sports, introducing a bill in the House that would attach prison time to the use, manufacturing or distribution of performance-enhancing drugs in global competitions.
The legislation, inspired by the Russian doping scandal, would echo the Foreign Corrupt Practices Act, which makes it illegal to bribe foreign officials to gain a business advantage. The statute would be the first of its kind with global reach, empowering American prosecutors to act on doping violations abroad, and to file fraud charges of a different variety than those the Justice Department brought against top international soccer officials in 2015.
Although American leagues like Major League Baseball would not be affected by the legislation, which would apply only to competitions among countries, it could apply to a league’s athletes when they participate in global events like the Ryder Cup, the Davis Cup or the World Baseball Classic.
The law would establish America’s jurisdiction over international sports events, even those outside of the United States, if they include at least three other nations, with at least four American athletes participating or two American companies acting as sponsors. It would also enhance the ability of cheated athletes and corporate sponsors to seek damages, expanding the window of time during which civil lawsuits could be filed.
To justify the United States’ broader jurisdiction over global competitions, the House bill invokes the United States’ contribution to the World Anti-Doping Agency, the global regulator of drugs in sports. At $2.3 million, the United States’ annual contribution is the single largest of any nation. “Doping fraud in major international competitions also effectively defrauds the United States,” the bill states.
The lawmakers behind the bill were instrumental in the creation of the 2012 Magnitsky Act, which gave the government the right to freeze financial assets and impose visa restrictions on Russian nationals accused of serious human rights violations and corruption. On Tuesday, the lawmakers framed their interest in sports fraud around international relations and broader networks of crime that can accompany cheating.
“Doping fraud is a crime in which big money, state assets and transnational criminals gain advantage and honest athletes and companies are defrauded,” said Sheila Jackson Lee, Democrat of Texas, who introduced the legislation on Tuesday. “This practice, some of it state-sanctioned, has the ability to undermine international relations, and is often connected to more nefarious actions by state actors.”
Along with Ms. Jackson Lee, the bill was sponsored by two other congressional representatives, Michael C. Burgess, Republican of Texas, and Gwen Moore, Democrat of Wisconsin.
It was put forward just as Russia prepares to host soccer’s World Cup, which starts Thursday. That sporting event will be the nation’s biggest since the 2014 Sochi Olympics, where one of the most elaborate doping ploys in history took place.
The bill, the Rodchenkov Anti-Doping Act, takes its name from Dr. Grigory Rodchenkov, the chemist who ran Russia’s antidoping laboratory for 10 years before he spoke out about the state-sponsored cheating he had helped carry out — most notoriously in Sochi. At those Games, Dr. Rodchenkov said, he concealed widespread drug use among Russia’s top Olympians by tampering with more than 100 urine samples with the help of Russia’s Federal Security Service.
Investigations commissioned by international sports regulators confirmed his account and concluded that Russia had cheated across competitions and years, tainting the performance of more than 1,000 athletes. In early 2017, American intelligence officials concluded that Russia’s meddling in the 2016 American election had been, in part, a form of retribution for the Olympic doping scandal, whose disclosures Russian officials blamed on the United States.
Nations including Germany, France, Italy, Kenya and Spain have established criminal penalties for sports doping perpetrated within their borders. Russia, too, passed a law in 2017 that made it a crime to assist or coerce doping, though no known charges have been brought under that law to date.
Under the proposed American law, criminal penalties for offenders would include a prison term of up to five years as well as fines that could stretch to $250,000 for individuals and $1 million for organizations.
“We could have real change if people think they could actually go to jail for this,” said Jim Walden, a lawyer for Dr. Rodchenkov, who met with the lawmakers as they considered the issue in recent months. “I think it will have a meaningful impact on coaches and athletes if they realize they might not be able to travel outside of their country for fear of being arrested.”
The legislation also authorizes civil actions for doping fraud, giving athletes who may have been cheated in competitions — as well as corporations acting as sponsors — the right to sue in federal court to recover damages from people who may have defrauded competitions.
Ms. Jackson Lee cited the American runner Alysia Montaño, who placed fifth in the 800 meters at the 2012 Summer Olympics. Two Russian women who placed first and third in that race were later disqualified for doping, elevating Ms. Montaño years later. “She had rightfully finished third, which would have earned her a bronze medal,” Ms. Jackson Lee said, noting the financial benefits and sponsorships Ms. Montaño could have captured.
The bill would establish a window of seven years for criminal actions and 10 years for civil lawsuits. It also seeks to protect whistle-blowers from retaliation, making it illegal to take “adverse action” against a person because he or she has disclosed information about doping fraud.
Dr. Rodchenkov, who has lived in the United States since fall 2015, has been criminally charged in Russia after he publicly deconstructed the cheating he said he carried out on orders from a state minister.
“While he was complicit in Russia’s past bad acts, Dr. Rodchenkov regrets his past role in Russia’s state-run doping program and seeks to atone for it by aiding the effort to clean up international sports and to curb the corruption rampant in Russia,” Ms. Jackson Lee said, calling Tuesday’s bill “an important step to stemming the tide of Russian corruption in sport and restoring confidence in international competition.”