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Cardin Human Rights and Anti-Corruption Legislation Approved by Senate Foreign Relations Committee

Wednesday, June 23, 2021

WASHINGTON – U.S. Senator Ben Cardin (D-Md.) lauded approval today by the Senate Foreign Relations Committee of two bills he authored to strengthen U.S. human rights and anti-corruption efforts. Both pieces of legislation, the Global Magnitsky Human Rights Accountability Reauthorization Act (S. 93), cosponsored by Senator Roger Wicker (R-Miss.), and the Combating Global Corruption Act (S. 14), cosponsored by Senator Todd Young (R-Ind.), bolster the tools available to hold corrupt officials accountable for their actions and abuses.

“The Global Magnitsky Human Rights Accountability Act has changed the way America protects human rights and responds to blatant corruption,” said Senator Cardin. “I thank Senator Wicker and fellow committee members for working with me to strengthen the law as a message to abusers and kleptocrats who think they can act with impunity. We will seek justice for victims especially when home countries fail to act.” Senator Cardin serves as Chairman of the U.S. Helsinki Commission. Senator Wicker serves as co-Chair.

The Global Magnitsky Human Rights Accountability Reauthorization Act (S. 93) would harmonize the original Act (Title XII, Subtitle F of P.L. 114-328; 22 U.S.C. §2656 note) with Executive Order 13818 by:

  • Removing the sunset provisions of the 2016 Global Magnitsky Human Rights Accountability Act to make the sanctions program permanent
  • Removing the victim status requirement to ensure no victim is excluded;
  • Simplifying the standard for corruption offenses;
  • Supplementing the activity-based targeting standard with a status-based standard; and
  • Allowing for the sanctioning of immediate family members.
  • S. 93 calls for a report on the steps taken through diplomacy and assistance to foreign or security sectors to address persistent underlying causes of serious human rights abuses, violations of internationally recognized human rights, and corruption in each country in which foreign persons have been subject to sanctions.

The Combating Global Corruption Act (S. 14) would require the State Department to identify corruption in countries and rank them in a public, tiered system with respect to levels of corruption in their governments, similar to the Department’s annual Trafficking in Persons Report. The bill would also establish minimum standards for combating corruption; evaluate foreign persons engaged in grand corruption in the lowest-tiered countries for consideration under the Global Magnitsky Human Rights Accountability Act; and designate an anti-corruption point of contact at U.S. diplomatic posts in the lowest-tiered countries.

“Earlier this month, when President Biden officially designated the fight against corruption as a ‘core U.S. national security interest,’ he took an important step toward enhancing American anti-corruption abilities. The Combating Global Corruption Act is a bipartisan effort to raise the profile of such efforts through a proven system of public accountability,” said Senator Cardin. “Around the world, corruption endangers national and international security by fostering the conditions for violent extremism, hampering the ability of the United States to combat terrorism, entrenching high poverty, and by weakening institutions associated with governance and accountability. Corruption is a fundamental obstacle to peace, prosperity, and human rights. I thank Senator Young and my colleagues for moving forward this important legislation to combat such illicit activity.”

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
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  • Parliamentarians Organize to Combat Corruption

    By 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.

  • Hearing Surveys Human Rights in Republic of Georgia

    By 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.

  • Commission Surveys Bush Administration's Policy Toward the OSCE

    By Orest Deychakiwsky & Janice Helwig CSCE Staff Advisors The United States Helsinki Commission held a hearing October 10, 2002 to examine U.S. policy toward the 55-nation Organization for Security and Cooperation in Europe (OSCE). The hearing reviewed the United States’ goals and longstanding human rights concerns in the OSCE region and how the Vienna-based organization can serve as a forum to advance those goals and address human rights violations. In his opening statement, Commission Chairman Senator Ben Nighthorse Campbell (R-CO) affirmed the importance of the relationship between the Helsinki Commission and the Department of State. He also declared the Commission’s ongoing interest in how the Administration uses the OSCE to effectively promote U.S. interests in the OSCE region. Chairman Campbell stressed that to be effective in our policy goals, “the various components of the U.S. foreign policy apparatus – the State Department, U.S. embassies in the field and the U.S. Mission to the OSCE – must be mutually reinforcing.” Chairman Campbell addressed corruption and organized crime as major impediments to democratization efforts in the OSCE region and cited specific recent developments in Georgia, Belarus and Ukraine as warranting monitoring by the United States. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) began his opening statement by arguing that “without a doubt the events of this past year have only underscored the importance of protecting human rights, and developing democratic institutions and the rule of law.” He spoke out against those leaders, particularly in Central Asia, that use the fight against terrorism to crack down on political opposition, religious groups, and others accused of being extremist. Rather, allowing citizens to express their religious, political or ethnic views helps prevent the rise of dissent and disillusionment that terrorists can use to garner support. “The United States must demonstrate in word and deed that this country has not abandoned human rights for the sake of the fight against global terrorism,” Smith concluded. “We need to reassure the world that it is just the opposite: human rights are more important than ever.” Smith drew particular attention to the issue of human trafficking as an increasing problem in “virtually all OSCE states.” Commissioner Ranking Member Rep. Steny Hoyer (D-MD), in his opening statement, argued that the OSCE has been an effective body for working on human rights issues. He cited the Central Asian countries as some of the most egregious human rights violators in the OSCE region and noted that raising human rights issues in these countries may be more difficult now as they are needed allies in the global struggle against terrorism. Hoyer pointed out that the U.S. must also uphold its own domestic commitments under the OSCE commitments and concluded by saying that in the future he hopes the OSCE will continue to hold participating States accountable for failures to meet their commitments under the Helsinki Final Act. Commissioner Senator George V. Voinovich (R-OH), in his opening remarks, spoke of the alarming rise of anti-Semitism in the OSCE region and raised possible steps to combat this trend. He commended the role of OSCE monitoring missions in promoting fair elections in Kosovo and Macedonia, while also calling for continued vigilance in addressing the problems of “organized crime, corruption and trafficking in human beings, arms and drugs.” A. Elizabeth Jones, Assistant Secretary of State of European and Eurasian Affairs, enumerated the ways in which the U.S. is using the OSCE as an instrument in the global struggle against terrorism. In her testimony, Jones said, “To ensure continuing OSCE attention to combating terrorism, we have proposed establishing an annual security review conference to assess progress and to review OSCE activities in the security dimension.” She noted that the OSCE’s monitoring missions play a valuable role in bringing security and stability to the OSCE region. Changing focus, Jones maintained that the core of U.S. policy toward the OSCE would continue to be in the field of human rights. She highlighted the important role of the various OSCE monitoring missions in publicizing human rights abuses and bringing the issues to the attention of the international community. Jones continued, “unless respect for fundamental rights and freedoms strengthens in Central Asian states, we can look forward to a bleak future.” Assistant Secretary Jones singled out Belarus as a particular area of concern due to its recent “policy of gutting the OSCE mission there by refusing to renew visas” while also noting that “the Lukashenka regime has continued to perpetrate massive human rights abuses.” Jones also outlined the State Department’s efforts to determine the details of President Kuchma’s authorization of the sale of advanced radar equipment to Iraq and outlined possible actions against the Ukrainian president. Lorne W. Craner, Assistant Secretary of State for Democracy, Human Rights and Labor and the Helsinki Commission’s Executive Branch Commissioner testified that the State Department had allocated “a substantial portion of the Human Rights and Democracy Fund...for hard-hitting democracy and human rights programs in numerous OSCE countries.” Craner noted that the countries of the former Soviet Union have posed the greatest challenges to the OSCE. He specifically cited Russia and its continued justification of aggression in Chechnya as part of the war on terrorism. Craner concluded by noting the progress in some of the Central Asian countries in meeting international norms on human rights, fundamental freedoms and elections. However, he also delineated several instances of corruption, repression and intimidation throughout the various Central Asian states, instances that have hindered the full realization of these norms. The second panel of witnesses began with a statement by Catherine A. Fitzpatrick, CIS Program Director, International League for Human Rights, who discussed her views on OSCE shortcomings and what can be done to address them. She argued that without binding treaties, without troops, without clout and capital, there are still two very great levers that the OSCE has.” Fitzpatrick specifically cited the OSCE’s validation of human rights victims’ concerns through “publicity of human rights reporting” and “withholding legitimacy and approval through its response to elections.” She continued with several proposals for using these levers coupled with “nuts and bolts human rights monitoring.” Among her specific recommendations were: requiring the OSCE to publicize its reports; suggesting that the OSCE’s missions advocate more forcefully on human rights at the ground level; beginning a very concerted campaign against torture; and decreasing funding for election training and observation. Elizabeth Anderson, Executive Director (DC) of the Europe and Central Asia Division of Human Rights Watch suggested two ways to strengthen the OSCE. First, she advocated the bolstering of human dimension activities by increasing the public reporting of the OSCE missions and improving the “implementation of recommendations” made to the OSCE by their missions and monitoring teams. Second, Anderson said the “integration of the human dimension with the other aspects of the organization’s work also needs to be strengthened.” She also noted the importance of coordination between the OSCE and other multilateral bodies, particularly international financial institutions. The final witness, Robert Templar, Asia Program Director of the International Crisis Group, noted with regard to Central Asia, the OSCE has struggled to do meaningful human rights work in countries which have “little interest in opening up their political and economic systems.” He also cited low staffing, low budgeting and lack of long-term strategy as hindering the OSCE’s work in the region. He suggested that the OSCE increase activities in the economic and security dimension, such as police and border service training, to show Central Asian states that the OSCE is not simply a human rights and democracy promoting organization that has little interest in their respective countries’ security or economic success. Templar advocated the creation of OSCE projects to tackle cross-dimensional issues and to work in conjunction with present undertakings in human rights and democracy. Finally, he advocated more comprehensive training for OSCE mission staff, not just in Central Asia, but rather in all OSCE missions. 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 David P. Vandenberg contributed to this article.

  • U.S. Policy Toward the OSCE - 2003

    The purpose of this hearing was to examine U.S. policy toward the 55-nation Organization for Security and Cooperation in Europe (OSCE). The Commission hearing focused on how the Administration has been using the OSCE to promote U.S. interests in the expansive OSCE region, particularly as a tool for advancing democracy. In addition the hearing touched on the anticipated OSCE Human Dimension Implementation Review. In light of the September 11th terrorist attacks, the hearing discussed the link between state repression and violence and the role of building democracy  in U.S. national security interest. The witnesses and Commissioners discussed how the Helsinki Accords is based on mutual monitoring, not mutual evasion of difficult problems and how this concept can be effective tool for the U.S. foreign policy apparatus. In particular, the hearing covered situations in Central Asia and in authoritarian countries within the OSCE that are not putting forth meaningful reform.

  • Democracy and Human Rights Trends in Eurasia and East Europe: A Decade of Membership in the Organization

    The 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.

  • Parliamentary Forum: Combating Anti-Semitism in the OSCE Region

    This briefing, which Commissioner Christopher Smith (NJ – 04) presided over, was a follow-up to an earlier Commission conference in Berlin, which focused on the rising tide of anti-Semitic violence and, subsequently, catalyzed so much of what the Commission had been doing on the issue of rising anti-Semitism. The conference in Berlin took place in July of 2001. The “Parliamentary Forum: Combating Anti-Semitism in the OSCE Region” briefing was held on International Human Rights Day, and was part of an ongoing effort by the Commission to address anti-Semitic violence, more specifically necessitated by vandalism against Jewish cemeteries, synagogues, cultural property, mob assaults, firebombing, and gunfire. Witnesses and participants of the briefing included members of the German Bundestag.

  • U.S. Delegation Pursues Broad Agenda at Berlin Parliamentary Assembly Session

    By Chadwick R. Gore CSCE Staff Advisor The United States delegation to the 11th Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in (OSCE PA) hosted by the German Bundestag in Berlin, July 6-10, 2002, contributed to the work of the meeting through the introduction of measures on topics ranging from anti-Semitic violence in the OSCE region to developments in Southeastern Europe and the deteriorating situation in Belarus. Attended by nearly 300 parliamentarians from over 50 countries, the OSCE PA unanimously adopted the Berlin Declaration on the political, economic and the human rights aspects of the central theme of the Session: “Confronting Terrorism: a Global Challenge in the 21st Century.” The U.S. Delegation was headed by Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) with Commissioner Senator George V. Voinovich (R-OH) serving as Vice Chairman. Other Commissioners participating were Ranking Member Rep. Steny H. Hoyer (D-MD), Rep. Benjamin L. Cardin (D-MD), OSCE PA Vice President Rep. Alcee L. Hastings (D-FL), Rep. Robert B. Aderholt (R-AL), and Rep. Joseph R. Pitts (R-PA). Other delegates from the House of Representatives were Rep. Joseph M. Hoeffel (D-PA), Rep. Janice D. Schakowsky (D-IL), Rep. Thomas G. Tancredo (R-CO), and Rep. Jo Ann Davis (R-VA). Although OSCE PA President Adrian Severin attempted to register and seat a Belarus Delegation with “provisional” badges, following a raucous debate the Assembly denied seating members of the National Assembly. The debate expressed continued concern from many parliamentarians about the severe irregularities in Belarus’ 2000 parliamentary elections. Commissioners Smith, Hoyer and Cardin took an active part in the debate. Mr. Severin’s motion was defeated in a close vote. The matter is expected to be revisited at the Assembly’s Winter Session scheduled to be held in Vienna in February 20-21, 2003. The opening ceremonies included addresses by OSCE PA President Adrian Severin, President of the German Bundestag Wolfgang Thierse, Chancellor of the Federal Republic of Germany Gerhard Schröder and the Chairman-in-Office of the OSCE Foreign Minister of Portugal Antonio Martins da Cruz. Mr. da Cruz responded to questions from the floor, a procedure that has become the norm for the OSCE PA annual sessions. Several senior OSCE Officials, including the OSCE Secretary General, Ján Kubiš, the High Commissioner on National Minorities, Rolf Ekéus, and the Representative on Freedom of the Media, Freimut Duve, also briefed the parliamentarians. During the various sessions, delegates heard from such notables as Minister of Defense Mr. Rudolf Scharping, Minister of Economy Dr. Mr. Werner Müller, and Minister of Foreign Affairs Mr. Joseph Fischer. The 2002 OSCE PA Prize for Journalism and Democracy was shared between Austrian TV-journalist Friedrich Orter and Belarusian TV-journalist Pavel Sheremet. The prize is awarded by the Assembly to journalists who, through their work, “have promoted OSCE principles on human rights, democracy and the unimpeded flow of information.” This represents the seventh annual prize. The PA reported that “Dr. Orter has promoted OSCE Principles on human rights and democracy through his comprehensive and impartial reporting in the Balkans and lately in Afghanistan. Mr. Sheremet has shown admirable courage in his independent and reliable reporting on the lack of free expression in Belarus and on violations of human rights, including disappearances of opposition politicians and journalists.” The U.S. delegation had a private meeting with the OSCE Chairman-in-Office Antonio Martins da Cruz. Matters discussed included the field operations, the developing memorandum of understanding with the PA and the OSCE response to terrorism. The delegation also had a private meeting with the delegation from the Russian Federation. Members of the U.S. delegation played a leading role in debate in each of the Assembly’s three General Committees: Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. In addition to U.S. amendments to the committee resolutions, several free-standing resolutions were adopted that were sponsored by members of the U.S. delegation concerning critical topics. They included: “Anti-Semitic Violence in the OSCE Region” and “Roma Education” by delegation Chairman Mr. Smith; “Human Rights and the War on Terrorism” by Smith and co-sponsor Dragoljub Micunovic of Yugoslavia; “Southeast Europe” by delegation Vice Chairman Senator Voinovich; and, “Belarus” by Mr. Hoyer. Other free-standing Supplementary Items were adopted on “Moldova,” “Combating Trafficking in Human Beings,” “The Impact of Terrorism on Women,” and “The Prohibition on the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and their Destruction.” A Supplementary Item on “Peace in the Middle East: the protection of the Holy Basin of Jerusalem” was tabled pending consultations among interested parties. Mr. Cardin was a key negotiator in the effort to table the draft item. The resolution condemning the increasing rate of anti-Semitism throughout the OSCE region called upon the participating States to make vigorous public statements against anti-Semitism and to ensure aggressive law enforcement and thorough investigation of anti-Semitic acts. As further emphasis on this matter, the United States and the host German Parliament co-sponsored a seminar on anti-Semitism in the OSCE. (See Digest, Volume 35, no. 15, August 6, 2002, “Berlin Forum Highlights Disturbing Rise in Anti-Semitism”) Addressing the discrimination faced by Roma, the U.S. resolution focused on the concerns of under-education and inadequate schools. All OSCE States were called upon to rectify these problems and to eradicate segregated schools and the mis-diagnosis of Romani children which erroneously assigns them to “special schools” for those with mental disabilities. Expressing concern about states which compromise human rights in the struggle against terrorism, the “War on Terrorism” resolution called on States to adhere to the rule of law, avoiding xenophobic reactions against Muslims since the attacks of September 11, 2001. The language addressing past developments in Southeast Europe commended the ongoing presence and constructive work of the OSCE and called upon the OSCE to lead in the fight against organized crime, corruption and trafficking in human beings, narcotics and arms. The resolution also encouraged the use of regional mechanisms, especially the Stability Pact. The Assembly adopted the resolution expressing concern about the state of democracy and the rule of law in Belarus, restrictions on basic freedoms and harassment of political opposition, media and religious minorities. The Government of Belarus was called upon to live up to its OSCE obligations, cease the human rights abuses, and cooperate with the OSCE and its institutions. Mr. Hoyer reported to the Assembly on the activities of the Ad Hoc Committee on Transparency and Accountability which he chaired. The committee developed guidelines on the relationship between the Parliamentary Assembly and the Vienna-based, 55-nation OSCE. On July 10, the final day of the Session, the Assembly elected Mr. Bruce George, MP (United Kingdom) as its new president for a one-year term, succeeding Mr. Severin who has served the Assembly for the past two years. Mr. George, Chairman of the British House of Commons Defense Committee, has been an active member of the OSCE Parliamentary Assembly since its first gathering in Budapest in 1992. Recently a Vice-President of the Assembly, he has served the Assembly as Rapporteur and Chair of the General Committee on Political Affairs and Security and as Vice-Chairman and chaired the Assemblýs Working Group on the Rules of Procedure. Other Officers elected at the Berlin Session: Vice Presidents: Ms. Barbara Haering (Switzerland), Mr. Ihor Ostash (Ukraine), Mr. Gert Weisskirchen (Germany); General Committee on Political Affairs and Security: Chair: Mr. Goran Lennmarker (Sweden), Vice-Chair: Mr Panyiotis Kammenos (Greece), Rapporteur: Mr. Clifford Lincoln (Canada); General Committee on Economic Affairs, Science, Technology and Environment: Chair: Mr. Oleg Bilorus (Ukraine), Vice-Chair: Ms Monika Griefahn (Germany), Rapporteur: Mr. Leonid Ivanchenko (Russia); General Committee on Democracy, Human Rights and Humanitarian Questions: Chair: Mrs Elena Mizulina (Russia), Vice-Chair: Mr. Svend Robinson (Canada), Rapporteur: Ms. Nebahat Albayrak (Netherlands). German Minister of Foreign Affairs Joschka Fischer addressed the Berlin Session. As an indicator of the evolution of the OSCE, Fischer said, “The OSCE has ceased to be a conference of governments a long time ago and has become an international organization which deeply penetrates our societies. Where governments come upon their limits, parliaments can often act with greater independence. During the ten years the OSCE Parliamentary Assembly has existed it has shown how important impulses and support can be given to the work of the Organization ... The Parliamentary Assembly has at its disposal a political potential which should be further utilized in the Organization.” 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.

  • Turkey: What Can We Expect After the November 3 Election?

    This 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.

  • Prospects for Change in Turkey

    Mr. Speaker, I wish to extend my congratulations to the people of Turkey for their elections held on November 3. Witnessing the peaceful change of government is a change that is significant for both Turkey's citizens and for their neighborhood. Many of Turkey's neighbors need to see that such a transfer of power is possible, for the people of these countries have for too long suffered under the illusion that they must live with their repressive regimes that maintain power through undemocratic means.   It is also important to keep in mind that the Turks, seen by some as a model for the countries of Central Asia, are not new kids on the block--former President Demirel was an original signer of the 1975 Helsinki Final Act. As Co-Chairman of the Commission on Security and Cooperation in Europe (the Helsinki Commission), I have followed closely the developments in Turkey . With a particularly keen interest in the protection of human rights which has such an impact on the lives of individual men, women and children, I continue to be concerned about the ongoing use of torture, violations of religious freedom and threats to civil society.   Through the ballot box, the Justice and Development Party, known as the AKP, received 34.3 percent of the vote, giving them a clear majority of 363 seats in the 550-seat Turkish Grand National Assembly. This entitles the AKP, led by former Istanbul Mayor Recep Tayyip Erdogan, to govern without sharing political power. He will not be without challenges to his authority though.   On November 8, the anniversary of the death of the Turkish reformer Kemal Ataturk, General Hilmi, Ozkok issued a statement vowing "to protect the republic against all types of threats, especially fundamentalism and separatist activities,'' reiterating strongly the military's view of itself as the historical guarantor of Turkey's secular system. Mr. Speaker, while the transition appears peaceful, it is not without its strains and stresses, even with the potential of the military stepping in like it has done repeatedly in the past. We can only hope that is not the outcome of this transition.   As an original participating State of the Organization for Security and Cooperation in Europe (OSCE), Turkey has accepted a broad range of human rights obligations. As head of the U.S. delegation to the OSCE Parliamentary Assembly, I have worked with my parliamentary colleagues from Turkey to encourage protection for these commitments. With a new government not obligated to continue the ways of the old, there is a welcome opportunity for such initiatives to be undertaken.   There are a few specific matters that I urge the incoming government to address without delay. Four Kurdish members of the Grand National Assembly have been in prison since March 1994. I call upon the new government to free Layla Zana, Hatip Dicle, Orhan Dogan, and Selim Sadak and remove the trumped-up charges from their records. They were convicted for, among other things, speaking their mother tongue in and out of the parliament building. As Mr. Erdogan himself has said, such convictions should not stand.   Also, past efforts to return the hundreds of thousands of internally displaced Kurds to their homes in southeastern Turkey have proven ineffectual. The government should take concrete steps to ensure that refugees are allowed to return to their own homes in safety and dignity, which may well require the clearing of land mines and repairing of villages.   Mr. Speaker, without reciting the lengthy list of Turkey's human rights violations, including the use of torture, it is fair to say that Turkey's record of implementation of OSCE human dimension commitments remains poor. While progress has been made, the authority of police officials must be checked by the rule of law. All claims of torture must be seriously investigated, no matter where the investigation leads. It is important that anyone who commits torture--especially police, the security forces or other agents of the state--must be taken to court and tried for high crimes. The Forensic Medical Association should be allowed to carry out its professional responsibilities and act without fear in its attempts to document torture. Victims of torture should be paid due recompense by the state.   I am very concerned about the continuing difficulty no-governmental organizations face throughout Turkey, particularly the Human Rights Foundation of Turkey. The Human Rights Foundation exists in an uncertain environment, with arbitrary shutdowns and having its officials harassed, intimidated or arrested. Property has been seized and not returned.   Religious freedom in Turkey, whether for Muslims or other religious communities, had suffered from heavy-handed government involvement and control. The government allows Turkish Muslims to only attend state-approved mosques, listen to state-funded Imams, and receive religious education from state-funded schools. The Directorate of Religious Affairs, which regulates all of Turkey's 75,000 mosques and employs Imams, has been criticized for only promoting Sunni branch of Islam. I would encourage the new government to bring to a close its regulation of all religious institutions.   The wearing of headscarves has also been regarded as quite controversial since it is seen as a religious totem in a secular state. Women who choose this expression of religious conviction are denied the ability to attend state-run universities and work in public building, including schools and hospitals. The public sharing of religious belief in Turkey with the intent to persuade the listener to another point of view is severely curbed for both Muslims and Christians. A number of evangelical Protestant groups throughout Turkey have reported being targeted because of their religious free speech, which contradicts OSCE commitments on religious liberty and freedom of expression.   Turkey's Office of Foundations has contributed its own difficulties for faith communities, as it has closed and seized properties of "official'' minority religious groups and unrecognized faith communities. Several religious groups, most notably the Armenian Apostolic and Greek Orthodox churches report difficulties, particularly on the local level, in repairing and maintaining existing buildings or purchasing new buildings. The continued closure of the Orthodox seminary on Halki Island remains a concern.   Furthermore, religious groups not considered "official minorities'' under the Lausanne Treaty are provided no legal route to purchase or rent buildings to meet, and are thereby forced to hold meetings in private apartments. In response, provincial governorships, after receiving a letter from the Ministry of Internal Affairs last year, have initiated efforts to close these meeting places, leaving the smaller Protestant communities without any options. The lack of official recognition is an insurmountable hurdle for minority religious groups wishing to practice their faith as a community.   Turkey is at a critical crossroads. I am hopeful that the new government will take this opportunity to move forward, and craft policies which are consistent with OSCE commitments and protective of all peoples living in Turkey.

  • Human Rights and Inhuman Treatment

    As 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.

  • Intolerance in Contemporary Russia

    Donald Kursch, senior advisor at the US Commission on Security and Cooperation in Europe, led this briefing regarding the emergence of bigotry and anti-semitic rhetoric in Russia. Kursch emphasized that the Russian Federation pledged to promote tolerance and non-discrimination and counter threats to security such as intolerance, aggressive nationalism, racist chauvinism, xenophobia and anti-Semitism.  In the then open environment that prevailed in Russia, proponents of bigotry were more at ease to propagate their unwelcome messages. Experts discussed current trends as well as prospects for fostering a climate of tolerance toward ethnic and religious minorities in the Russian Federation. Ludmilla Alexeyeva, Chairperson of the Moscow Helsinki Group, presented the group’s recent report entitled “Nationalism, Xenophobia and Intolerance in Contemporary Russia.”  Micah Naftalin, Executive Director of the Union of Councils for Jews in the Former Soviet Union presented its compilation on “Anti-Semitism, Xenophobia, and Religious Persecution in Russia’s Regions.”

  • U.S. Policy Toward the OSCE - 2002

    The purpose of this hearing was to examine U.S. policy toward the 55-nation Organization for Security and Cooperation in Europe (OSCE). The Commission hearing focused on how the Administration has been using the OSCE to promote U.S. interests in the OSCE region, particularly as a tool for advancing democracy. The witnesses and Commissioners discussed how the Helsinki Accords is based on mutual monitoring, not mutual evasion of difficult problems and how this concept can be an effective tool for the U.S. foreign policy apparatus. In particular, the hearing covered situations in Central Asia where corruption threatens the development of democratic institutions.

  • Russian Democracy Act of 2002

    Mr. Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 2121) to make available funds under the Foreign Assistance Act of 1961 to expand democracy, good governance, and anti-corruption programs in the Russian Federation in order to promote and strengthen democratic government and civil society in that country and to support independent media.   The Clerk read as follows:   Senate amendments:   Strike out all after the enacting clause and insert:   SECTION 1. SHORT TITLE.   This Act may be cited as the ``Russian Democracy Act of 2002''.   SEC. 2. FINDINGS AND PURPOSES.   (a) FINDINGS.--Congress makes the following findings:   (1) Since the dissolution of the Soviet Union, the leadership of the Russian Federation has publicly committed itself to building--   (A) a society with democratic political institutions and practices, the observance of universally recognized standards of human rights, and religious and press freedom; and   (B) a market economy based on internationally accepted principles of transparency, accountability, and the rule of law.   (2) In order to facilitate this transition, the international community has provided multilateral and bilateral technical assistance, and the United States' contribution to these efforts has played an important role in developing new institutions built on democratic and liberal economic foundations and the rule of law.   (3)(A) Since 1992, United States Government democratic reform programs and public diplomacy programs, including training, and small grants have provided access to and training in the use of the Internet, brought nearly 40,000 Russian citizens to the United States, and have led to the establishment of more than 65,000 nongovernmental organizations, thousands of independent local media outlets, despite governmental opposition, and numerous political parties.   (B) These efforts contributed to the substantially free and fair Russian parliamentary elections in 1995 and 1999.   (4) The United States has assisted Russian efforts to replace its centrally planned, state-controlled economy with a market economy and helped create institutions and infrastructure for a market economy. Approximately two-thirds of the Russian Federation's gross domestic product is now generated by the private sector, and the United States recognized Russia as a market economy on June 7, 2002.   (5)(A) The United States has fostered grassroots entrepreneurship in the Russian Federation by focusing United States economic assistance on small- and medium-sized businesses and by providing training, consulting services, and small loans to more than 250,000 Russian entrepreneurs.   (B) There are now more than 900,000 small businesses in the Russian Federation, producing 12 to 15 percent, depending on the estimate, of the gross domestic product of the Russian Federation.   (C) United States-funded programs have contributed to fighting corruption and financial crime, such as money laundering, by helping to--   (i) establish a commercial legal infrastructure;   (ii) develop an independent judiciary;   (iii) support the drafting of a new criminal code, civil code, and bankruptcy law;   (iv) develop a legal and regulatory framework for the Russian Federation's equivalent of the United States Securities and Exchange Commission; (v) support Russian law schools; (vi) create legal aid clinics; and (vii) bolster law-related activities of nongovernmental organizations.   (6) Because the capability of Russian democratic forces and the civil society to organize and defend democratic gains without international support is uncertain, and because the gradual integration of the Russian Federation into the global order of free-market, democratic nations would enhance Russian cooperation with the United States on a wide range of political, economic, and security issues, the success of democracy in Russia is in the national security interest of the United States, and the United States Government should develop a far-reaching and flexible strategy aimed at strengthening Russian society's support for democracy and a market economy, particularly by enhancing Russian democratic institutions and education, promoting the rule of law, and supporting Russia's independent media.   (7) Since the tragic events of September 11, 2001, the Russian Federation has stood with the United States and the rest of the civilized world in the struggle against terrorism and has cooperated in the war in Afghanistan by sharing intelligence and through other means.   (8) United States-Russia relations have improved, leading to a successful summit between President Bush and President Putin in May 2002, resulting in a ``Foundation for Cooperation''.   (b) PURPOSES.--The purposes of this Act are--   (1) to strengthen and advance institutions of democratic government and of free and independent media, and to sustain the development of an independent civil society in the Russian Federation based on religious and ethnic tolerance, internationally recognized human rights, and an internationally recognized rule of law; and   (2) to focus United States foreign assistance programs on using local expertise and to give local organizations a greater role in designing and implementing such programs, while maintaining appropriate oversight and monitoring.   SEC. 3. UNITED STATES POLICY TOWARD THE RUSSIAN FEDERATION.   (a) SENSE OF CONGRESS.--It is the sense of Congress that the United States Government should--   (1) recognize that a democratic and economically stable Russian Federation is inherently less confrontational and destabilizing in its foreign policy and therefore that the promotion of democracy in Russia is in the national security interests of the United States; and   (2) continue and increase assistance to the democratic forces in the Russian Federation, including the independent media, regional administrations, democratic political parties, and nongovernmental organizations.   (b) STATEMENT OF POLICY.--It shall be the policy of the United States--   (1) to facilitate Russia's integration into the Western community of nations, including supporting the establishment of a stable democracy and a market economy within the framework of the rule of law and respect for individual rights, including Russia's membership in the appropriate international institutions;   (2) to engage the Government of the Russian Federation and Russian society in order to strengthen democratic reform and institutions, and to promote transparency and good governance in all aspects of society, including fair and honest business practices, accessible and open legal systems, freedom of religion, and respect for human rights;   (3) to advance a dialogue among United States Government officials, private sector individuals, and representatives of the Government of the Russian Federation regarding Russia's integration into the Western community of nations;   (4) to encourage United States Government officials and private sector individuals to meet regularly with democratic activists, human rights activists, representatives of the independent media, representatives of nongovernmental organizations, civic organizers, church officials, and reform-minded politicians from Moscow and all other regions of the Russian Federation;   (5) to incorporate democratic reforms, the promotion of independent media, and economic reforms in a broader United States dialogue with the Government of the Russian Federation;   (6) to encourage the Government of the Russian Federation to address, in a cooperative and transparent manner consistent with internationally recognized and accepted principles, cross-border issues, including the nonproliferation of weapons of mass destruction, environmental degradation, crime, trafficking, and corruption;   (7) to consult with the Government of the Russian Federation and the Russian Parliament on the adoption of economic and social reforms necessary to sustain Russian economic growth and to ensure Russia's transition to a fully functioning market economy and membership in the World Trade Organization;   (8) to persuade the Government of the Russian Federation to honor its commitments made to the Organization for Security and Cooperation in Europe (OSCE) at the November 1999 Istanbul Conference, and to conduct a genuine good neighbor policy toward the other independent states of the former Soviet Union in the spirit of internationally accepted principles of regional cooperation; and   (9) to encourage the G-8 partners and international financial institutions, including the World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development, to develop financial safeguards and transparency practices in lending to the Russian Federation.   SEC. 4. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961.   (a) IN GENERAL.--   (1) DEMOCRACY AND RULE OF LAW.--Section 498(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295(2)) is amended--   (A) in the paragraph heading, by striking ``DEMOCRACY'' and inserting ``DEMOCRACY AND RULE OF LAW'';   (B) by striking subparagraphs (E) and (G);   (C) by redesignating subparagraph (F) as subparagraph (I);   (D) by inserting after subparagraph (D) the following:   ``(E) development and support of grass-roots and nongovernmental organizations promoting democracy, the rule of law, transparency, and accountability in the political process, including grants in small amounts to such organizations;   '`(F) international exchanges and other forms of public diplomacy to promote greater understanding on how democracy, the public policy process, market institutions, and an independent judiciary function in Western societies;   ``(G) political parties and coalitions committed to promoting democracy, human rights, and economic reforms;   ``(H) support for civic organizations committed to promoting human rights;''; and   (E) by adding at the end the following:   ``(J) strengthened administration of justice through programs and activities carried out in accordance with section 498B(e), including-- ``(i) support for nongovernmental organizations, civic organizations, and political parties that favor a strong and independent judiciary; ``(ii) support for local organizations that work with judges and law enforcement officials in efforts to achieve a reduction in the number of pretrial detainees; and ``(iii) support for the creation of legal associations or groups that provide training in human rights and advocacy, public education with respect to human rights-related laws and proposed legislation, and legal assistance to persons subject to improper government interference.''.   (2) INDEPENDENT MEDIA.--Section 498 of the Foreign Assistance Act of 1961 (22 U.S.C. 2295) is amended--   (A) by redesignating paragraphs (3) through (13) as paragraphs (4) through (14), respectively; and   (B) by inserting after paragraph (2) the following:   ``(3) INDEPENDENT MEDIA.--Developing free and independent media, including--   ``(A) supporting all forms of independent media reporting, including print, radio, and television;   ``(B) providing special support for, and unrestricted public access to, nongovernmental Internet-based sources of information, dissemination and reporting, including providing technical and other support for web radio services, providing computers and other necessary resources for Internet connectivity and training new Internet users in nongovernmental civic organizations on methods and uses of Internet-based media; and   ``(C) training in journalism, including investigative journalism techniques that educate the public on the costs of corruption and act as a deterrent against corrupt officials.''.   (b) CONFORMING AMENDMENT.--Section 498B(e) of such Act is amended by striking ``paragraph (2)(G)'' and inserting ``paragraph (2)(J)''.   SEC. 5. ACTIVITIES TO SUPPORT THE RUSSIAN FEDERATION.   (a) ASSISTANCE PROGRAMS.--In providing assistance to the Russian Federation under chapter 11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.), the President is authorized to-- (1) work with the Government of the Russian Federation, the Duma, and representatives of the Russian Federation judiciary to help implement a revised and improved code of criminal procedure and other laws; (2) establish civic education programs relating to democracy, public policy, the rule of law, and the importance of independent media, including the establishment of ``American Centers'' and public policy schools at Russian universities and encourage cooperative programs with universities in the United States to offer courses through Internet-based off-site learning centers at Russian universities; and (3) support the Regional Initiatives (RI) program, which provides targeted assistance in those regions of the Russian Federation that have demonstrated a commitment to reform, democracy, and the rule of law, and which promotes the concept of such programs as a model for all regions of the Russian Federation.   (b) RADIO FREE EUROPE/RADIO LIBERTY AND VOICE OF AMERICA.--RFE/RL, Incorporated, and the Voice of America should use new and innovative techniques, in cooperation with local independent media sources and using local languages as appropriate and as possible, to disseminate throughout the Russian Federation information relating to democracy, free-market economics, the rule of law, and human rights.   SEC. 6. AUTHORIZATION OF ASSISTANCE FOR DEMOCRACY, INDEPENDENT MEDIA, AND THE RULE OF LAW.   Of the amounts made available to carry out the provision of chapter 11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.) and the FREEDOM Support Act for fiscal year 2003, $50,000,000 is authorized to be available for the activities authorized by paragraphs (2) and (3) of section 498 of the Foreign Assistance Act of 1961, as amended by section 4(a) of this Act.   SEC. 7. PRESERVING THE ARCHIVES OF HUMAN RIGHTS ACTIVIST AND NOBEL PEACE PRIZE WINNER ANDREI SAKHAROV. (a) AUTHORIZATION.--The President is authorized, on such terms and conditions as the President determines to be appropriate, to make a grant to Brandeis University for an endowment for the Andrei Sakharov Archives and Human Rights Center for the purpose of collecting and preserving documents related to the life of Andrei Sakharov and the administration of such Center. (b) FUNDING.--There is authorized to be appropriated to the President to carry out subsection (a) not more than $1,500,000.   SEC. 8. EXTENSION OF LAW.   The provisions of section 108(c) of H.R. 3427, as enacted by section 1000(a)(7) of Public Law 106-113, shall apply to United States contributions for fiscal year 2003 to the organization described in section 108(c) of H.R. 3427.   Amend the title so as to read: ``An Act to make available funds under the Foreign Assistance Act of 1961 to expand democracy, good governance, and anti-corruption programs in the Russian Federation in order to promote and strengthen democratic government and civil society and independent media in that country.''.   The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New Jersey (Mr. Smith) and the gentlewoman from California (Ms. Watson) each will control 20 minutes.   The Chair recognizes the gentleman from New Jersey (Mr. Smith).   GENERAL LEAVE   Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on the bill under consideration.   The SPEAKER pro tempore. Is there objection to the request of the gentleman from New Jersey?   There was no objection.   Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I may consume.   This bill, the Russian Democracy Act, ensures that American assistance will continue to be available to help strengthen and consolidate democracy in the Russian Federation. While this seems to be a routine measure, we should take a few minutes to note what this bill represents. The mere fact that we can talk of democracy in Russia as a reality in the present and not some dim prospect in the hazy future is one of the many wonders of the past decade that have grown familiar and now is largely taken for granted. Its existence, however, is a testament to the deep commitment to fundamental values shared by peoples all over the world.   Mr. Speaker, this bill before us represents an important part of the effort to continue that democratization. It focuses our attention and assistance on many of the prerequisites of a free and a prosperous society, including the creation of a resilient civil society, the strengthening of an independent press, and the establishment of the rule of law.

  • Human Rights and Security Issues in the Republic of Georgia

    Mr. Speaker, on September 24, the Helsinki Commission held a hearing on democracy, human rights and security in the Republic of Georgia. Despite the progress that country has made in the development of civil society, in the last few years much of the optimism about Georgia's future has dissipated. Last year, a Georgian official devoted a large part of his public address in Washington to refuting the notion--which was being discussed at the time--that Georgia is a "failed state.'' I reject that characterization, but the hearing offered a good opportunity to discuss the serious problems Georgia does face.                                                Preeminent among them is systemic, rampant corruption, which has impeded economic reforms and sickened the body politic. Despite lectures from the International Monetary Fund, the World Bank and the U.S. Government, the Georgian Government has proved incapable or unwilling to do what is necessary to stamp out this multidimensional problem--even though President Shevardnadze himself has called corruption a threat to Georgia's security. There are also grounds for concern about democratization. The last few elections have clearly not met OSCE standards, which raises questions about the important parliamentary election scheduled for 2003, and the 2005 presidential election that will usher in the post-Shevardnadze era in Georgia, with all the attendant uncertainties. Meanwhile, the media and NGOs have been under severe pressure. Last fall, a foolish ploy by the Ministry of Internal Affairs to intimidate Rustavi-2 Television backfired, resulting instead in the fall of the government. While society's response was heartening--thousands of people came out into the streets to defend the station--the attempt to silence one of the country's most popular media outlets indicated that some Georgian officials are still mired in Soviet patterns of thinking. Especially appalling is 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 have tolerated. Occasionally, policemen have even participated in attacks on defenseless men, women and children who have congregated for the purpose of worship. Attempts to bring the perpetrators to justice have foundered, as throngs of fanatics hijack the trial proceedings. If such travesties are allowed to continue, the country's entire judicial system is at risk of falling victim to mob rule. Though Jehovah's Witnesses have borne the brunt of this savagery, other religious minorities have suffered as well, including Baptists, Pentecostals and Catholics. Earlier this year, for example, a mob invaded a Baptist warehouse, threw the religious literature outside and burned it. How awful to think that events in Georgia today remind us of Germany in the 1930s! Georgians have a long tradition of religious tolerance, of which they are rightly proud. It is all the more puzzling, therefore, why religiously-based violence has erupted and continued only in Georgia, of all the post-Soviet states. The leadership of the Helsinki Commission and other Members of the House and Senate have been in correspondence with President Shevardnadze about this disturbing trend. He has assured us that the problem will be corrected and the perpetrators arrested. Georgia's Ambassador, Levan Mikeladze, testified at the September 24 hearing and suggested that Georgia has so little experience with religious persecution that it has been difficult to cope with its sudden emergence. He too offered assurances that Georgia fully recognizes the gravity of the problem and that legal and practical actions are being taken to ensure there will be no more violent attacks. Alas, extremists in Georgia must not have been listening. Since the September 24 hearing, more assaults have taken place. The next day, some 15 extremists of the ultra-Orthodox "Jvari'' organization in Rustavi forcibly entered a private home where Jehovah's Witnesses and their non Witness guests had gathered for Bible study. Two Witnesses and one non-Witness visitor were physically assaulted. On September 26, in the village of Napareuli, masked men with firearms burst into a private home where meetings were underway, beating those in attendance and ransacking the house. Most striking, eyewitnesses claim the attack was led by the village administrator, Mr. Nodar Paradashvili, who beat one of the victims into unconsciousness. In a third incident, on September 29, a mob gathered outside the residence of a Jehovah's Witnesses in Tbilisi. They refused to let others enter the premises where a meeting was to be held, seized Bibles and literature from the group, verbally abusing those arriving for the meeting and assaulting at least one person. In all three cases, police reportedly refused to intervene after learning that the incidents involved attacks on Jehovah's Witnesses--as has often been the case in Georgia. Mr. Speaker, there may be many explanations for this peculiar phenomenon but there can be no excuse for state toleration of such barbarity. It must end, and it must end now. Though such attacks have been one reason for Georgia's prominence in the news lately, more attention has been focused on Moscow's campaign of intimidation against Georgia. Russia has been leaning on pro-Western, strategically-located Georgia for years, but the temperature has in the last few weeks approached the boiling point. President Putin's request for United Nations backing for Russian military action against Georgia was not any less objectionable for having been anticipated. I have been watching with growing alarm as Russia ratchets up the pressure on its small neighbor. Georgian parliamentarians on September 12 unanimously approved an appeal to the United Nations, the OSCE, the European Union, the Council of Europe, and NATO for protection from anticipated Russian military aggression. Georgian lawmakers should know that their American colleagues have heard their appeal and stand with them. While we are cooperating with Russia in the war against terrorism, we have in no way given Moscow leave to attack Georgia, nor will we do so. The United States is now more than ever directly engaged in the Caucasus and is stepping up military cooperation with the region's governments, especially Georgia. While we have many issues of concern to raise with Georgia's Government, when it comes to Georgia's sovereignty and territorial integrity, there is no more ardent supporter than the United States. That has been the case for the last ten years, and it will be the case in the future as well.

  • The Republic of Georgia: Democracy, Human Rights and Security

    This Commission hearing focused on democracy, human rights, and security in Georgia. The discussion reviewed the serious challenges that have been facing Georgia. In particular, the Commissioners and witnesses discussed the systematic rampant corruption which has impeded economic reforms. In addition, the Commission touched on concerning religious violence in Georgia. Since 1999, there have been many assaults against members of minority faiths, particularly the Jehovahs Witnesses.

  • Commission Hearing Surveys State of Ethnic Relations in Kosovo

    By Bob Hand, CSCE Staff Advisor The Helsinki Commission held a hearing June 19, 2002 on the prospects for ethnic harmony in Kosovo amidst recent reports of ongoing human rights abuses against minority groups. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing. Commissioner Senator George V. Voinovich (R-OH) also participated. "Vandalizing or bombing churches is not just wrong, it is beneath the dignity of any Albanian who suffered under the Milosevic regime," Smith said, stressing that "revenge is not justice." He condemned the inexcusable acts of repression brought upon Albanians during the former Yugoslav President's rule. Co-Chairman Smith appealed for cooperation among all parties involved and called for fostering a climate of tolerance. Leaders within Kosovo, within minority communities, and in the Yugoslav Government have a crucial role to play, Smith noted. Senator Voinovich expressed alarm over the human rights situation in Kosovo. He cited a joint report from the Organization for Security and Cooperation in Europe (OSCE) and the office of the United Nations High Commissioner for Refugees (UNHCR) on continuing areas of concern. Quoting from the report, Voinovich said, "I could not agree more with a statement made in that report: ‘Only when Kosovo's minorities feel confident in their long-term future and when all of Kosovo's displaced persons are able to exercise the choice to return to their homes, feeling assured of their safety and confident in their ability to assess institutions and participate in social, economic and political life in Kosovo on a nondiscriminatory basis will it be possible to say that the situation of minorities in Kosovo is successful.'" Based on his observations during a trip to Kosovo earlier this year, Voinovich underscored the continuing need for U.S. engagement. He concluded that the situation in the divided city of Mitrovica, where ethnically-motivated attacks persist, and along the Kosovo-Macedonian border need to be resolved through cooperation and discussion. Testifying before the Commission were Dr. Alush Gashi, representing President Ibrahim Rugova's Democratic League of Kosova in the Kosovo Parliament; Rada Trajkovic, leader of the Kosovo Serb "Return" Coalition within the Parliament; Valerie Percival, the Kosovo Field Representative for the International Crisis Group (ICG); and Deputy Prime Minister of Serbia Nebojsa Covic. Dr. Gashi expressed gratitude for the United States' leadership and promised to work with the international community to ensure that all Kosovars have equal national and human rights. He noted that Serbs currently participate in all levels of government and institutions. Further integration, however, is hindered by a Serb population that has so far refused to distance itself from Belgrade's brutal assault on Kosovar Albanians, which included numerous atrocities and 650 mass graves not yet exhumed. "The reality is that Kosovar-Albanians cannot get from Belgrade even the dead bodies of their members of families, and at this same time we are asking them to welcome live Serbs," Dr. Gashi testified in an emotional plea. Dr. Gashi acknowledged the right of Serbs to return to their homes in Kosovo. He also voiced strong opposition to "Belgrade's interference in [the] United Nations mission administration [UNMIK] in Kosovo." Dr. Trajkovic addressed a primary concern of the Kosovo Serb population, describing the fundamental unresolved issue as "the wish of the Albanians that Kosovo be exclusively their state and the wish of the Serbs that Kosovo remains part of their state." Dr. Trajkovic detailed a situation whereby the Albanian majority seeks the "Albanization and not multi-nationalization" of Kosovo. In this way, Kosovar Albanians dominate the hospitals, the universities, the media, and even the transportation sector, creating a highly segregated and polarized society. Islamic extremists, who go unpunished, are attempting to "wipe out the foundations of a civilization" by destroying churches, headstones, and cultural monuments, Trajkovic added. Ms. Percival discussed the ICG's recently released report on Kosovo, noting that Mitrovica is a "frequent flashpoint for confrontation and a source of instability." Attacks and reprisals are commonplace. Offering a multi-track plan of action, Percival recommended that the international community take four specific steps: pressure Belgrade to end its policy of incitement and continued support for parallel institutions; encourage the rule of law; establish a specially administered area in the north where Kosovar Serbs live; and promote UNMIK's transparency. Deputy Prime Minister Covic defended the right of Serbs in Kosovo to be free from "inexcusable persecution". "In Kosovo and Metohija, whatever the final solution might be, our desire is to have a strong and successful multi-ethnic society," Covic asserted. Covic said ethnic Serbs continue to flee Kosovo, in response to worrisome figures on the number of killings of Serbs, attacks, and missing persons. Kosovar leaders have shunned a bi-lingual society, inter-ethnic tolerance, unbiased police and an independent judiciary in favor of extremism, Covic maintained. Co-Chairman Smith, concerned about reports of pervasive criminality in Kosovo, raised the issues of missing persons, human trafficking, and perpetuation of parallel institutions. Ms. Percival said that UNMIK, in cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY), continues to exhume bodies from mass graves and is making efforts to account for missing persons. Though UNMIK established a trafficking and prostitution unit, the witness protection program is very weak. Mr. Covic responded that Yugoslav authorities are working hard to identify remains and find missing persons, noting the wide disparity between estimates of missing Albanians and Serbs. He added that Yugoslavia takes the issue of human trafficking very seriously and that anti-trafficking legislation is pending in Belgrade. Dr. Gashi labeled Yugoslav support for parallel institutions as an attempt to sabotage UNMIK's institutions. To calm the psychological insecurity, the Serbs have to demonstrate the will to work with us, Gashi testified. Mr. Covic stressed that parallel institutions were not created by the current Yugoslav authorities and once the Serbs' basic human rights in Kosovo are met, there will be no need for parallel institutions. Dr. Gashi reiterated his commitment to equal rights, an open civil society, and cooperation. In response to concerns raised, he indicated that a strong consensus exists among Kosovars opposing the destruction of Serb property and violence against Orthodox nuns and lay people in Kosovo. In light of the OSCE/UNCHR report, all witnesses agreed to its generally accurate portrayal of the situation and reasonable recommendations. Urging all parties to move forward, Senator Voinovich pressed for more information on allegations that Belgrade is "meddling" in the governance of Kosovo. Commissioners Smith and Voinovich pledged to continue their support for U.S. and international engagement to help resolve pressing issues in Kosovo. Any perpetrator of a human rights violation in Kosovo needs to be held accountable, Smith concluded. The hearing came to a close after Co-Chairman Smith recognized Daniel Serwer of the United States Institute for Peace (USIP) for a few closing remarks. Serwer stressed the need to support the creation of an infrastructure in which the next Kosovo parliament can effectively operate. USIP had recently hosted in Virginia a session on inter-ethnic cooperation among Kosovo parliamentarians. Thirty of the participants attended the hearing. An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission's Web site, http://www.csce.gov. 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, Commerce. United States Helsinki Commission intern Derek Politzer contributed to this article.

  • Concerning Rise in Anti-Semitism in Europe

    Mr. Speaker, I thank my good friend for yielding me time, and I rise in very strong support of H. Res. 393. I want to commend its sponsor and all of the Members who are taking part in this very important debate.   Mr. Speaker, yesterday, along with the gentleman from Maryland (Mr. Cardin), who is on the floor and will be speaking momentarily, we returned back from the OSCE, the Organization for Security and Cooperation in Europe, Parliamentary Assembly.   Every year, parliamentarians from the 55 nations that comprise the OSCE meet to discuss issues of importance. This year the focus was on terrorism, but we made sure that a number of other issues, because certainly anti -Semitism is inextricably linked to terrorism, were raised in a very profound way.   Yesterday, two very historic and I think very vital things happened in this debate. I had the privilege of co-chairing a historic meeting on anti -Semitism with a counterpart, a member of the German Bundestag, Professor Gert Weisskirchen, who is a member of the Parliament there, also a professor of applied sciences at the University of Heidelberg, and we heard from four very serious, very credible and very profound voices in this battle to wage against anti-Semitism.   We heard from Abraham Foxman, the National Director of the Anti -Defamation League, who gave a very impassioned but also very empirical speech, that is to say he backed it up with statistics, with information about this rising tide of anti-Semitism, not just in Europe, but in the United States and Canada as well.   He pointed out, for example, according to their data, 17 percent of Americans are showing real anti -Semitic beliefs, and the ugliness of it. Sadly, among Latinos and African Americans, it is about 35 percent. He pointed out in Europe, in the aggregate, the anti -Semitism was about 30 percent of the population.   Dr. Shimon Samuels also spoke, who is the Director of the Wiesenthal Center in Paris. He too gave a very impassioned and very documented talk. He made the point that the slippery slope from hate speech to hate crime is clear. Seventy-two hours after the close of the Durban hate-fest, its virulence struck at the strategic and financial centers of the United States. He pointed out, “If Durban was Mein Kampf, than 9/11 was Kristalnacht, a warning.”   “What starts with the Jews is a measure, an alarm signaling impending danger for global stability. The new anti -Semitic alliance is bound up with anti -Americanism under the cover of so-called anti –globalization.”   He also testified and said, ``The Holocaust for 30 years acted as a protective Teflon against blatant anti -Semitic expression. That Teflon has eroded, and what was considered distasteful and politically incorrect is becoming simply an opinion. But cocktail chatter at fine English dinners,'' he said, ``can end as Molotov cocktails against synagogues.   ``Political correctness is also eroding for others, as tolerance for multi-culturism gives way to populous voices in France, Italy, Austria, Denmark, Portugal, and in the Netherlands. These countries' Jewish communities can be caught between the rock of radical Islamic violence and the hard place of a revitalized Holocaust-denying extreme right.   “Common cause”, he concluded, “must be sought between the victimized minorities against extremism and fascism.”   I would point out to my colleagues one of those who spoke pointed out, it was Professor Julius Schoeps, that he has found that people do not say “I am anti -Semitic;” they just say ”I do not like Jews”, a distinction without a difference, and, unfortunately, it is rearing itself in one ugly attack after another.   I would point out in that Berlin very recently, two New Jersey yeshiva students, after they left synagogue, they left prayer, there was an anti -American, anti -Israeli demonstration going on, and they were asked repeatedly, are you Jews? Are you Jews? And then the fists started coming their way and they were beaten right there in Berlin.   Let me finally say, Mr. Speaker, that yesterday we also passed a supplementary item at our OSCE Parliamentary Assembly. I was proud to be the principal sponsor. The gentleman from Maryland (Mr. Cardin) offered a couple of strengthening amendments during the course of that debate, and we presented a united force, a U.S. force against anti-Semitism.   I would just point out this resolution now hopefully will act in concert with other expressions to wake up Europe. We cannot sit idly by. If we do not say anything, if we do not speak out, we allow the forces of hate to gain a further foothold. Again, that passed yesterday as well.   Mr. Speaker, I urge Members to become much more aware that this ugliness is rearing its ugly face, not just in the United States, but Canada, in Europe, and we have to put to an end to it. Hate speech and hate crimes go hand in hand.   Mr. Speaker, I urge support of the resolution.   United States Helsinki Commission--Anti -Semitism in the OSCE Region   The Delegations of Germany and the United States will hold a side event to highlight the alarming escalation of anti -Semitic violence occurring throughout the OSCE region.   All Heads of Delegations have been invited to attend, as well as media and NGOs.   The United States delegation has introduced a supplementary item condemning anti -Semitic violence. The Resolution urges Parliamentary Assembly participants to speak out against anti-Semitism.

  • Introduction of Belarus Democracy Act

    Mr. Speaker, I am introducing today the Belarus Democracy Act of 2002, which is intended to help promote democratic development, human rights and the rule of law in the Republic of Belarus, as well as encourage the consolidation and strengthening of Belarus’ sovereignty and independence. When measured against other European countries, the state of human rights in Belarus is abysmal – it has the worst record of any European state. Through an illegitimate 1996 referendum, Alexander Lukashenka usurped power, while suppressing the duly-elected legislature and the judiciary. His regime has blatantly and repeatedly violated basic freedoms of speech, expression, assembly, association and religion. The fledgling democratic opposition, non-governmental organizations and independent media have all faced harassment. There are credible allegations of Lukashenka regime involvement in the disappearances – in 1999 and 2000 – of opposition members and a journalist. There is growing evidence that Belarus is a leading supplier of lethal military equipment to rogue states. A draft bill is making its way in the Belarusian legislature that would restrict non-traditional religious groups. Several days ago, on June 24, two leading journalists were sentenced to two and 2 ½ years, respectively, of “restricted freedom” for allegedly slandering the Belarusian President. Despite efforts by Members of Congress, the Helsinki Commission which I co-chair, the State Department, various American NGOs, the Organization for Security and Cooperation in Europe (OSCE) and other European organizations, the regime of Alexander Lukashenka continues its hold onto power with impunity and to the detriment of the Belarusian people. One of the primary purposes of this bill is to demonstrate U.S. support for those struggling to promote democracy and respect for human rights in Belarus despite the formidable pressures they face from the anti-democratic regime. The bill authorizes increases in assistance for democracy-building activities such as support for non-governmental organizations, independent media – including radio and television broadcasting to Belarus, and international exchanges. The bill also encourages free and fair parliamentary elections, conducted in a manner consistent with international standards – in sharp contrast to recent parliamentary and presidential elections in Belarus which most assuredly did not meet democratic standards. As a result of these elections, Belarus has the distinction of lacking legitimate presidential and parliamentary leadership, which contributes to that country’s self-imposed isolation. In addition, this bill would impose sanctions against the Lukashenka regime, and deny high-ranking officials of the regime entry into the United States. 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 that serve humanitarian needs. The bill would require reports from the President concerning the sale or delivery of weapons or weapons-related technologies from Belarus to rogue states. Mr. Speaker, finally, it is my hope that this bill will help put an end to the pattern of clear, gross and uncorrected violations of OSCE commitments by the Lukashenka regime and will serve as a catalyst to facilitate Belarus’ integration into democratic Europe in which democratic principles and human rights are respected and the rule of law prevails.

  • Senate Concurrent Resolution 124 - Condemning the Use of Torture and Other Forms of Cruel, Inhumane, or Degrading Treatment or Punishment in the United States and Other Countries, and Expressing Support for Victims of those Practices

    Mr. CAMPBELL (for himself, Mr. DODD, Mr. FEINGOLD, Mrs. CLINTON, and Mr. WELLSTONE) submitted the following concurrent resolution; which was referred to the Committee on the Judiciary: S. Con. Res. 124 Whereas the Eighth Amendment to the United States Constitution prohibits ``cruel and unusual punishments'' and torture is prohibited by law throughout the United States without exception; Whereas the prohibition against torture in international agreements is absolute, unqualified, and non-derogable under any circumstance, even during a state of war or national emergency; Whereas an important component of the concept of comprehensive security in a free society is the fundamental service provided by law enforcement personnel to protect the basic human rights of individuals in society; Whereas individuals require and deserve protection by law enforcement personnel and need the confidence in knowing that such personnel are not themselves agents of torture or other forms of cruel, inhumane, or degrading treatment or punishment, including extortion or other unlawful acts; Whereas individuals who are incarcerated should be treated with respect in accordance with the inherent dignity of the human person; Whereas there is a growing commitment by governments to eradicate torture and other forms of cruel, inhumane, or degrading treatment or punishment, to provide in law and practice procedural and substantive safeguards and remedies to combat such practices, to assist the victims of such practices, and to cooperate with relevant international organizations and nongovernmental organizations with the goal of eradicating such practices; Whereas torture and other forms of cruel, inhumane, or degrading treatment or punishment continues in many countries despite international commitments to take effective legislative, administrative, judicial and other measures to prevent and punish such practices; Whereas the rape of prisoners by prison officials or other prisoners, tolerated for the purpose of intimidation and abuse, is a particularly egregious form of torture; Whereas incommunicado detention facilitates the use of torture and other forms of cruel, inhumane, or degrading treatment or punishment, and may constitute, in and of itself, a form of such practices; Whereas the use of racial profiling to stop, search, investigate, arrest, or convict an individual who is a minority severely erodes the confidence of a society in law enforcement personnel and may make minorities especially vulnerable to torture and other forms of cruel, inhumane, or degrading treatment or punishment; Whereas the use of confessions and other evidence obtained through torture or other forms of cruel, inhumane, or degrading treatment or punishment in legal proceedings runs counter to efforts to eradicate such practices; Whereas more than 500,000 individuals who are survivors of torture live in the United States; Whereas the victims of torture and other forms of cruel, inhumane, or degrading treatment or punishment and their families often suffer devastating effects and therefore require extensive medical and psychological treatment; Whereas medical personnel and torture treatment centers play a critical role in the identification, treatment, and rehabilitation of victims of torture and other forms of cruel, inhumane, or degrading treatment or punishment; and Whereas each year the United Nations designates June 26 as an International Day in Support of Victims of Torture: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That Congress-- (1) condemns the use of torture and other forms of cruel, inhumane, or degrading treatment or punishment in the United States and other countries; (2) recognizes the United Nations International Day in Support of the Victims of Torture and expresses support for all victims of torture and other forms of cruel, inhumane, or degrading treatment or punishment who are struggling to overcome the physical scars and psychological effects of such practices; (3) encourages the training of law enforcement personnel and others who are involved in the custody, interrogation, or treatment of any individual who is arrested, detained, or imprisoned, in the prevention of torture and other forms of cruel, inhumane, or degrading treatment or punishment, in order to reduce and eradicate such practices; and (4) encourages the Secretary of State to seek, at relevant international fora, the adoption of a commitment-- (A) to treat confessions and other evidence obtained through torture or other forms of cruel, inhumane, or degrading treatment or punishment, as inadmissible in any legal proceeding; and (B) to prohibit, in law and in practice, incommunicado detention. Mr. CAMPBELL. Mr. President, I am joined by Senators DODD, FEINGOLD, CLINTON, and WELLSTONE in introducing today a resolution condemning the use of torture and other forms of cruel, inhumane, or degrading treatment or punishment in the United States and other countries, and expressing support for the victims of torture. An identical version is being introduced by Congressman CHRISTOPHER H. SMITH, who co-chairs the Commission on Security and Cooperation in Europe, which I am privileged to chair. Torture is prohibited by a raft of international agreements, including documents of the 55-nation Organization for Security and Cooperation in Europe. It remains, however, a serious problem in many countries. In the worst cases, torture occurs not merely from rogue elements in the police or a lack of appropriate training among law enforcement personnel, but is systematically used by the controlling regime to target political opposition members; racial, ethnic, linguistic or religious minorities; and others. In some countries, medical professionals who treat the victims of torture have become, themselves, victims of torture in government's efforts to document this abuse and to hold perpetrators accountable. The U.S. Congress can continue to play a leadership role by signaling our unwavering condemnation of such egregious practices. Torture is, in effect, prohibited by several articles of the U.S. Constitution. Nevertheless, some commentators have suggested that torture might be an acceptable tool in the war on terrorism. I believe we should answer that proposition with a resounding ``no''. To repeat: torture is unconstitutional. Moreover, as many trained law enforcement officials note, it is also a lousy way to get reliable information. People subjected to torture will often say anything to end the torture. Finally, it makes no sense to wage war to defend our great democracy and use methods that denigrate the very values we seek to protect. Torture is unacceptable, period. The resolution I am introducing today underscores that message. It recognizes the United Nations International Day in Support of the Victims of Torture, marked each June 26th, and encourages the training of law enforcement personnel. Experts estimate that more than 500,000 individuals who are survivors of torture live in the United States. Victims of torture and other forms of cruel, inhumane, or degrading treatment or punishment and their families often suffer devastating effects and therefore require extensive medical and psychological treatment. I am pleased to note the contribution of the Rocky Mountain Survivors Center, located in Denver, CO, in meeting the needs of torture survivors living in Colorado. The Rocky Mountain Center and similar torture treatment centers located elsewhere in the United States play a critical role in the identification, treatment, and rehabilitation of victims of torture and deserve our continued support. As we mark the United Nations International Day in Support of the Victims of Torture, I urge my colleagues to declare their opposition to torture and solidarity with torture survivors by lending their support to this resolution.

  • Human Rights Concerns in Kazakhstan

    Mr. Speaker, I rise to introduce a resolution that expresses deep concern about ongoing violations of human rights in Kazakhstan. President Nursultan Nazarbaev, the authoritarian leader of this energy-rich country, has been flagrantly flouting his OSCE commitments on democratization, human rights, and the rule of law, and thumbing his nose at Washington as well. In the 106th Congress, there was a near unanimous vote in the House for a resolution I introduced voicing dismay about general trends in Central Asia. We sent a strong signal to leaders and opposition groups alike in the region about where we stand. Since then, the overall situation has not gotten better--throughout the region, super presidents continue to dominate their political systems. But their drive to monopolize wealth and power while most people languish in poverty is finally producing a backlash. Today in Central Asia, things are stirring for the first time in a decade. Even in quasi-Stalinist Turkmenistan, an opposition movement-in-exile led by former high ranking government officials has emerged which openly proclaims its intention of getting rid of dictator Saparmurat Niyazov. In Kyrgyzstan, disturbances in March, when police killed six protesters calling for the release of a jailed parliamentarian, were followed by larger demonstrations that forced President Akaev in May to dismiss his government. The iron-fisted Islam Karimov of Uzbekistan, under considerable pressure from Washington, has made some limited concessions to domestic and international public opinion, sentencing policemen to prison terms for torturing detainees and formally lifting censorship. In Kazakhstan, however, President Nursultan Nazarbaev has reacted differently to domestic pressure and to Washington's calls for reforms to keep repression from breeding terrorism. Since last fall, Nazarbaev has cracked down hard, when his position became a little shakier. First we saw squabbles within the ruling--or should I say, "royal''?--family burst out into the open when Nazarbaev demoted his powerful son-in-law. Then a new opposition movement emerged, headed by former officials who called for urgent reforms. Two of the leaders of that movement are now in prison. Subsequently, Kazakhstan's prime minister had to acknowledge the existence of $1 billion stashed in a Swiss bank account under Nazarbaev's name. Some of the few opposition legislators allowed into parliament have demanded more information about the money and about any other possible hoards in foreign banks. This would be a scandal in any country. But with a consistency worthy of a nobler goal, Nazarbaev's regime has for years stifled the opposition and independent media. And as detailed in a recent Washington Post story, which I ask to be inserted for the Record, Kazakh authorities have recently intensified their assault on those few remaining outlets, employing methods that can only be described as grotesque and revolting. In one case, the editor of an opposition newspaper found a decapitated dog hanging outside her office. Attached to a screwdriver stuck into its body was a message that read "there won't be a next time.'' On May 23, the State Department issued a statement expressing "deep concern'' that these assaults "suggest an effort to intimidate political opposition leaders in Kazakhstan and the independent media and raise serious questions about the safety of the independent media in Kazakhstan.'' That statement did not have the desired effect--last week, someone left a human skull on a staircase in the building where the editorial office of another newspaper is located. Mr. Speaker, after September 11, the U.S. Government moved to consolidate relationships with Central Asian states, seeking cooperation in the battle with terrorism. But Washington also made plain that we expected to see some reform in these entrenched dictatorships, or we would all have to deal with consequences in the future. Nursultan Nazarbaev has ignored this call. Increasingly nervous about revelations of high-level corruption, he is obviously determined to do anything necessary to remain in power and to squelch efforts to inform Kazakhstan's public of his misdeeds. But even worse, he seems convinced that he can continue with impunity as his goons brutally threaten and assault the brave men and women who risk being journalists in a country so hostile to free speech. Mr. Speaker, against this backdrop, I am introducing this resolution, which expresses concern about these trends, calls on Kazakhstan's leadership to observe its OSCE commitments and urges the U.S. Government to press Kazakhstan more seriously. I hope my colleagues will support this resolution and I look forward to their response. [Washington Post Foreign Service, Mon., June 10, 2002] NEW REPRESSION IN KAZAKHSTAN JOURNALISTS TARGETED AFTER PRESIDENT IMPLICATED IN SCANDAL (By Peter Baker) ALMATY, KAZAKHSTAN. "There won't be a next time.'' The dog's missing head was left along with a similar note at Petrushova's house. Three nights later, someone threw three molotov cocktails into her office and burned it to the ground. The political climate in this oil-rich former Soviet republic has taken a decidedly ominous turn in recent weeks, ever since the revelation that the country's president, Nursultan Nazarbayev, secretly stashed $1 billion of state money in a Swiss bank account 6 years ago. As the scandal blossomed, opposition leaders were suddenly arrested, newspapers and television stations shut down, and critical journalists beaten in what foes of the government consider a new wave of repression. What inspectors and regulators have not accomplished, mysterious vandals have. One of the country's leading television stations was knocked off the air when its cable was sliced in the middle of the night. Shortly after it was repaired, the cable was rendered useless again when someone shot through it. "Everything that's been achieved over the last 10 years, it's been wiped out,'' Petrushova lamented. "This political system we have is still Soviet,'' said Yevgeny Zhovits, director of the Kazakhstan International Bureau for Human Rights and the Rule of Law. "By its spirit, by its nature, by its attitude toward personal freedom, it's still Soviet.'' The tale of intrigue emerging in Kazakhstan, while familiar across the former Soviet Union, takes on special significance in Central Asia, a region that has become far more important to the United States as it fights a war in nearby Afghanistan. The case also sheds some light on the tangled world of oil, money and politics in a country with massive energy reserves. The U.S. Embassy and the State Department have issued statements condemning the pattern of events and fretting about the state of democracy in a country still run by its last Communist boss. But many reformers in Kazakhstan worry that the West has effectively turned its eyes away from human rights abuses to maintain the international coalition against terrorism. "All this is happening with the silent consent of the West,'' said Assylbeck Kozhakhmetov, a leading figure in Democratic Choice for Kazakhstan, an opposition party founded last year. Until Sept. 11, Nazarbayev's government worried about offending the West, he noted, but not anymore. "The ostrich party of Western democracies actually unties the hands of dictators.'' Nazarbayev, a burly, 61-year-old former steel mill blast-furnace operator, has run this giant, dusty country of 17 million people with an authoritarian style. Nazarbayev was a former member of the Soviet Politburo who took over as head of the republic in 1990, became president after independence in 1991, and continued to dominate Kazakhstan through uncompetitive elections and a referendum extending his term. His relationship with oil companies has prompted investigations in Switzerland and the United States as prosecutors in both countries probe whether an American lobbyist helped steer millions of dollars in oil commissions to him and other Kazakh leaders. The long-brewing questions about such transfers and rumors of foreign bank accounts erupted into a full-blown scandal in April when Nazarbayev's prime minister admitted to parliament that the president diverted $1 billion to a secret Swiss bank account in 1996. The money came from the sale that year of a 20 percent stake in the valuable Tengiz offshore oil fields to Chevron. The prime minister, Imangali Tasmagambetov, said that Nazarbayev had sent the money abroad because he worried that such a large infusion of cash into Kazakhstan would throw the currency into a tailspin. Although he never disclosed the secret fund to parliament, Nazarbayev used it twice to help stabilize the country during subsequent financial crises, Tasmagambetov said. In an inter-view last week, a top government official dismissed the significance of the revelation and the resulting furor. "The so-called Kazakh-gate, the government officially explained this,'' said Ardak Doszham, the deputy minister of information. "There was a special reserve account set up by the government. It's a normal account that can be managed by officials appointed by the government. It's not managed by individuals. The money that goes into it is state money, and it's supposed to be used to meet the needs of the state.'' Asked who knew about it, Doszham could identify only three men, Nazarbayev, the prime minister and the chairman of the national bank. Asked why lawmakers were never informed, he said, "It was impossible to raise this issue before parliament because it would have elicited many questions.'' But opposition leaders and journalists said Nazarbayev finally revealed the account this spring only after they pushed Swiss prosecutors for information. The opposition and journalists said they believe the president announced the $1 billion fund only as a smoke screen to obscure other matters still under investigation by the Swiss and U.S. prosecutors. "All around there is bribe-taking and stealing and mafia,'' said Serikbolsyn Abdildin, the head of the Communist Party and one of two parliament deputies whose information request to prosecutors preceded the announcement. "There's corruption in the top echelon of power.'' The disclosure of the $1 billion Swiss fund was designed to "fool public opinion,'' he said. The disclosures have coincided with an escalating series of troublesome incidents for those who do not defer to the government. Just days before Tasmagambetov's speech to parliament, Kazakh authorities arrested opposition politician Mukhtar Abilyazov, while his colleague, Ghalymzhan Zhaqiyanov, avoided a similar fate only by fleeing into the French Embassy here in Almaty, the former capital, two days later. After assurances from Kazakh authorities, he left the embassy, and promptly was also taken into custody. The government insisted it was pursuing embezzlement charges against the two, both founding members of Democratic Choice. The opposition called it blatant harassment. Other opposition figures began to feel the heat as well. While independent media in Kazakhstan have often experienced difficulty in the decade since independence, a string of frightening episodes convinced many journalists that they were being targeted. The government began enforcing a five-year-old law requiring television stations to ensure that 50 percent of their broadcasts were aired in the native Kazakh tongue, a language that in practice remains secondary to Russian here. Most television stations cannot afford to develop such programming and prefer to buy off-the-shelf material from Russia, including dubbed Western television shows and movies. As government agents swarmed in and began monitoring channels this spring, they began seizing licenses of those stations that did not comply. Similarly, inspectors showed up at newspaper offices demanding to see registration papers and suspending those publications that did not have everything in order. Some that did not list their addresses properly were abruptly shut down. Printing houses began refusing to publish other papers, and one printing house was burned down in unclear circumstances. Tamara Kaleyeva, president of the International Foundation for Protection of Speech here, said about 20 newspapers have been forced to stop publishing and about 20 television stations have been shut down or face closure. "It appears the Swiss accounts are the reason for a terrible persecution against free speech,'' she said. Added Rozlana Taukina, president of the Central Asia Independent Mass Media Association, "The country is turning into an authoritarian regime.'' Doszham, the deputy minister, denied any political motivations behind the recent actions. Television stations had been flouting the language law, he said, and the government has suspended about seven or eight, and gone to court to recall the licenses of another six or seven. Similarly, he said, newspapers had been violating requirements. "The law is harsh,'' he said, "but the law is the law.'' Even more harsh, however, has been an unofficial but often violent crackdown. It is not known who is orchestrating it. Bakbytzhan Ketebayev, president of Tan Broadcasting Co., whose Tan TV station was among the best known in Kazakhstan, has been off the air for two months following repeated attacks on his cable. Even after it was repaired following the gunshots, it was damaged yet again when someone drove three nails in it. "Once it's an accident, twice it may be an accident,'' he said. "But three times is a trend.'' At the newspaper Soldat, which means soldier in Russian but is also a play on words in Kazakh meaning "that one demands to speak,'' the assault was more personal. One day in late May, four young men burst into the newspaper office and beat two workers there, bashing one woman's head so hard she remains in the hospital. They also took the computer equipment. Ermuram Bali, the editor, said the attack came the day before the weekly was to run the second of two installments reprinting a Seymour Hersh piece from the New Yorker about oil and corruption in Kazakhstan. "This is the last warning against you,'' he said the assailants told his staff. Other journalists have been physically attacked as well. And then there was Petrushova and the headless dog. Like Soldat, her newspaper, the Republic Business Review, had written about the scandal. Then the mutilated animal was found May 19, and finally the newspaper office was set aflame on May 22. Petrushova suspects state security agencies were behind the incidents but cannot prove it. "The throne started to waver, and in order to hold it in place, all sorts of measures are being used,'' she said. Now she works out of borrowed offices at Tan TV headquarters, putting out the newspaper on her own typographical machine and stapling each issue. "It's just like it was in the time of the Soviet Union.''

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