Title

Chairman Hastings on Upcoming Meeting Between President Trump and Prime Minister Orban

Sunday, May 12, 2019

WASHINGTON—Ahead of Monday’s meeting between U.S. President Donald Trump and Hungarian Prime Minister Viktor Orban, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement:

“Thirty years after Central European nations threw off the mantle of communism and oppression, I recall the unwavering support of the United States for the democratic aspirations of their citizens, and the warm welcome Hungary received when it joined the ranks of self-governing, free nations. I echo Secretary’s Pompeo’s message, delivered in Central Europe in February: Upholding democracy in each and every country is vital to human freedom.

“President Trump must urge Prime Minister Orban to end Hungary’s anti-Ukraine policy at NATO, resolve concerns about the relocation of the Russian International Investment Bank to Budapest, ensure that Hungary’s ‘golden visas’ are not used to evade U.S. sanctions, and address document security problems to ensure the integrity of the visa waiver program. In addition, the president must prioritize meaningful democratic change in Hungary and encourage the Hungarian Government to repeal the 2017 and 2018 laws curtailing freedom of speech, assembly, and association.”

U.S. authorities have identified at least 85 criminals who fraudulently obtained Hungarian passports to enter or attempt to enter the United States.

At an April 2019 Helsinki Commission briefing, Dalibor Rohac of the American Enterprise Institute noted that the chairman of the International Investment Bank has long-standing ties to Russian intelligence agencies, raising concerns that the relocation of the bank from Moscow to Budapest could provide a platform for intelligence-gathering operations against U.S. allies.

In April, U.S. Special Representative to Ukraine Kurt Volker visited Budapest and urged Hungary to end its anti-Ukraine policy in NATO.

In February, during a visit to Slovakia, Hungary, and Poland, U.S. Secretary of State Mike Pompeo said, “Every nation that raises its voice for liberty and democracy matters, whether that’s a country that’s as big as the United States and with as large an economy as we have in America, or a smaller country. They’re each valuable. Each time one falls, each time a country – no matter how small – each time it moves away from democracy and moves towards a different system of governance, the capacity for the world to continue to deliver freedom for human beings is diminished. And so I would urge every country, no matter its size . . . to stay focused, maintain its commitment.”

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Stacy Hope
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  • Helsinki Commission Examines U.S. Policy toward the OSCE

    By Erika B. Schlager, CSCE Counsel for International Law On October 3, the Helsinki Commission held a hearing on "U.S. Policy toward the OSCE." Originally scheduled for September 12, the hearing was postponed after the September 11 terrorist attacks. This hearing was convened to examine U.S. priorities and human rights concerns in the OSCE region; how the OSCE can serve to advance those goals and address human rights violations; the pros and cons of the institutionalization and bureaucratization of the OSCE and field activities; and the openness and transparency of the Helsinki process. Helsinki Commission Chairman Senator Ben Nighthorse Campbell (R-CO), Commissioners Rep. Benjamin L. Cardin (D-MD), and Rep. Robert B. Aderholt (R-AL) heard from four witnesses: A. Elizabeth Jones, Assistant Secretary of State for European Affairs; Lorne W. Craner, Assistant Secretary of State for Democracy, Human Rights, and Labor (who has since been formally appointed by the President as one of the three executive-branch Commissioners); Ambassador Robert Barry, former Head of OSCE Mission to Bosnia-Herzegovina; and P. Terrence Hopmann, professor of political science at Brown University and research director of the Program on Global Security at the Thomas J. Watson Jr. Institute for International Studies. Catherine Fitzpatrick, Executive Director of the International League for Human Rights, had agreed to participate in the hearing as originally scheduled for September 12, but was unable to attend on October 3. In her prepared statement, Assistant Secretary Jones described the OSCE as an important tool for advancing U.S. national interests “by promoting democracy, respect for human rights and fundamental freedoms, arms control and confidence building measures, economic progress, and responsible or sustainable environmental policies.” While portraying the OSCE as “the primary instrument for early warning, conflict prevention, crisis management, and post-conflict rehabilitation in [the] region,” she also argued that “it is not the forum for discussion or decision regarding all security issues” – a role implicitly reserved for NATO. Jones alluded to a possible role for the OSCE in combating terrorism, an issue that will be taken up at the OSCE Ministerial, scheduled for December 3 and 4 in Bucharest. 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They remain in our national interest in promoting a stable and democratic world. We cannot win a war against terrorism by stopping our work on the universal observance of human rights. To do so would be merely to set the stage for a resurgence of terrorism in another generation.” The testimony of the two expert witnesses, Professor Hopmann and Ambassador Barry, examined the operational side of the OSCE, with particular focus on the field work of the institution. Hopmann, one of a small number of analysts in the United States who has written in depth about the work of the OSCE and who served as a public member on the U.S. Delegation to the OSCE Review Conference in Istanbul in 1999, offered several specific recommendations: 1) enhance the professional qualifications and training of its mission and support staff; 2) strengthen its capacity to mediate serious conflicts that appear to be on the brink of violence or that have become frozen in the aftermath of violence, including making better use of ‘eminent persons’ to assist these efforts; and 3) attract more active support from its major participating States, especially from the United States, to strengthen the OSCE's capacity to intervene early in potentially violent conflicts when diplomacy still has a chance to win out over force. Ambassador Barry drew on his experience as head of one of the OSCE’s largest missions to address the complex issue of the OSCE’s relations with other international organizations. Barry asserted that OSCE has, at times, “bitten off more than it can chew” and the United States needs to exercise discretion in assigning tasks to the OSCE. When asked specifically to describe the relationship between the OSCE and the Council of Europe, he characterized it as “permanent struggle.” He suggested that the two organizations should not compete with other, but play to their relative strengths: the OSCE, for example, should be dominant in field missions, while the Council of Europe should be given the lead in providing expert advice on legislative drafting. One area where the OSCE is underutilized is in the area of policing – the focus of a Commission hearing held on September 5, 2001. Barry remarked, “Last month several witnesses testified before the Commission concerning the OSCE role in police training and executive policing. With its requirement of universality, the [United Nations] must call upon police who are unable or unwilling to deal with terrorism or human rights violations at home. We cannot expect them to be much help, for example, in dealing with mujahedin fighters in Bosnia or Macedonia. Therefore I believe the OSCE ought to be the instrument of choice for both police training and executive policing. In order to fill the latter role the OSCE should change its policy on arming executive police. Unarmed international police have no leverage in societies where every taxi driver packs a gun.” Barry also argued that the United States needs to involve the Russian Federation more closely with OSCE. “Too often in the past,” he said, “we have marginalized Russia by making decisions in NATO and then asking OSCE to implement the decisions. Macedonia is only the most recent example.” Many of the questions raised by Commissioners focused on institutional issues such as the transparency of the weekly Permanent Council meetings in Vienna, the respective roles of the Chair-in-Office and Secretary General and pressure to enlarge the OSCE’s bureaucracy by establishing new high-level positions to address whatever is, at the moment, topical. State Department witnesses were asked several questions relating to specific countries where human rights issues are of particular concern, including Turkmenistan, a country whose human rights performance is so poor that some have suggested it should be suspended from the OSCE, and Azerbaijan, a country engaged in a significant crackdown against the media. Assistant Secretary Jones argued that, when faced with an absence of political will to implement OSCE human dimension commitments, it is necessary to “persevere” and to hold OSCE participating States accountable for their actions. Noting that the death penalty is the human rights issue most frequently raised with the United States, Commissioner Cardin asked Assistant Secretary Craner how the United States responds to this criticism and whether the use of capital punishment in the United States impacts our effectiveness. Craner noted that the death penalty in the United States is supported by the majority of Americans, in a democratic system, and that the quality of the U.S. judicial system ensures its fairness. He also argued that it does not affect the credibility of the United States on human rights issues. Professor Hopmann, however, disagreed with this assertion. Based on extensive contacts with European delegates to the OSCE in Vienna, Hopmann observed that Europeans find it difficult to reconcile the U.S. advocacy on human rights issues with a practice Europeans view as a human rights violation. Chairman Campbell recommended that similar hearings be convened on a periodic basis to update Congress and the American people on the ongoing work of the OSCE and how it advances U.S. interests across the spectrum of the security, economic, and human dimensions.

  • France's Law Affects Freedom of Worship

    Mr. Speaker, today I take this opportunity to salute France's historic leadership in the defense of human rights. After the events of September 11th, as freedom-loving people wrestle with the scourge of terrorism, they will look to countries like France to see whether the torch of human rights is being held high. Therefore, mindful of France's historic work and current commitments to defend human rights, it was with remorse and surprise that I observed this summer the National Assembly's approval of the law for the “Prevention and Repression of Cultic Movements.” As participating States of the Organization for Security and Cooperation in Europe (OSCE), France and the United States share the commitment and responsibility to observe and uphold religious freedom, including the right of the individual to profess and practice religion or belief. Through my work as Co-Chairman of the U.S. Helsinki Commission, I am alarmed by recent developments in Europe that impinge on this fundamental freedom. Recently, it would appear that certain OSCE friends and allies have forgotten that religious movements can play a positive role in society, providing impetus for important social change. For instance, the role of the Catholic Church in Poland during the cold war or the activism of some churches and religious leaders in the Southern United States during the Civil Rights Movement offered vital moral and ethical guidance and support. Mr. Speaker, particularly in Western Europe, we have observed an increase in laws calibrated specifically to target religious groups. The United States shares with Western Europe core values regarding human dignity and rights, and we gratefully acknowledge Western Europe's traditional openness toward religious minorities. However, the development of “anti-cult” laws threatens this tradition. At the same time, I understand and appreciate the dangers of criminal activity operating under the guise of religion. However, I strongly believe that any religious movement violating the rule of law should be prosecuted using mainstream law enforcement tools, as opposed to special laws or extra-judicial investigations not in harmony with the core values enshrined in the OSCE's Helsinki Final Act and other international documents regarding human dignity and rights. In sum, I am concerned about vaguely crafted government regulations against religious organizations and adherents that serve to foster intolerance against individuals because of their beliefs. In France, such a law entered into effect this summer. Provisions of the law, Mr. Speaker, provide governmental entities and private citizens the ability to apply civil and criminal sanctions against any so-called “cult” or its de facto leader. Other extensive powers include the removal of basic civic freedoms if an individual is found guilty of using “techniques likely to alter judgment.” Despite the law's obvious bent against minority faiths, its broad powers, combined with the vague wording, could permit arbitrary application and abuse. Overall, I find the creation of such a law, especially in a mature democracy like France, alarming and incongruent with the nation's long history of supporting human rights. I had the opportunity this past summer to meet with the President of the National Assembly, Mr. Raymond Forni, as well as one of the key authors of the bill, Mme. Catherine Picard, and shared with them these concerns. Considering France's position as a world leader, this domestic action will cause repercussions elsewhere, such as in emerging democracies which will have and look to French leadership on these matters. Often, the U.S. Government and Congress are criticized for “meddling” in the internal affairs of another sovereign nation. I feel certain detractors in France will level the same argument. However, the OSCE Moscow Concluding Document (1991) speaks directly to this issue, declaring “The participating State emphasize that issues relating to human rights, fundamental freedoms, democracy and the rule of law are of international concern, as respect for these rights and freedoms constitutes one of the foundations of international order. They categorically and irrevocably declare that the commitments undertaken in the field of the human dimension… are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned.” Mr. Speaker, religious believers in France have already offered concerns about the effects of the new French law on their right to profess and practice their faith in their own country. Statutes of this nature, which target individuals with unpopular belief systems, are antithetical to democracies in the twenty first century. Accordingly, I join them in urging French authorities to fully respect France's commitments as an OSCE participating State when implementing the new law.

  • Kazakhstan and the Kyrgyz Republic

    Mr. Speaker, in the rugged region of Central Asia, two nations have been dealing with proposed changes to current religion laws. In both Kazakhstan and the Kyrgyz Republic, new religion laws have emerged partially in response to real concerns about terrorism and state security. After the events of September 11, our whole country has a very clear understanding of the threat terrorists pose. Still, our commitment to democracy and religious freedom stands firm. Consequently, I want to highlight and praise both countries for seeking assistance from the OSCE Advisory Panel on Freedom of Religion or Belief. The choice to seek assistance and working to ensure the new legislation is in line with protecting human rights is a mark of wise governance. Even more, I want to encourage these governments to continue their close co-operation with this body of experts, and to continue to strive to uphold OSCE commitments and international norms for religious freedom. In Kazakhstan, there has been great discussion over a proposed amendment to its 1992 law “On Freedom of Religion and Religious Associations.” The Kazakh Government has been responsive to critiques of the law and removed it from consideration during this past summer. Furthermore, it has listened to the comments made by the OSCE Advisory Panel and modified some of the more troubling sections of the proposed law. However, concerns still exist in the area of registering Islamic religious groups by the Kazakhstan Moslem Spiritual Administration. It seems likely that with the various Islamic religious groups that are at odds over purely theological issues, registration could be denied for merely being out of favor with the Spiritual Administration. This is problematic; religious organizations should not be denied registration solely on the basis of their religious beliefs. Before the proposed law is reintroduced, I hope Kazakhstan will address these issues, so as to ensure its compliance with all OSCE commitments. The Kyrgyz Republic is currently considering a proposed law entitled “On Freedom of Conscience and Religious Organizations,” which would replace the 1991 Law on Freedom of Religion and Religious Organizations. In the Kyrgyzstan's short history of independence, it has consistently joined international human rights covenants. As one of the 55 participating States in the OSCE, the Kyrgyz Republic agreed to abide by the Helsinki Final Act and all subsequent agreements, in which clear language concerning religious freedom exists. This new legislation, made long before the events of September 11, was in response to real fears about terrorism. With religion often being used as a guise to legitimize criminal activities, I recognize the genuine concerns of Kyrgyz authorities about religious organizations existing in their country. However, while the United States has new understanding of the threat of terrorists, I want to encourage the Kyrgyz Republic from overreacting and unnecessarily limiting religious freedom. While the current law on religion is generally in line with its OSCE commitments, it is my concern that if the new law is enacted, Kyrgyzstan will no longer be in compliance with its international obligations. This is especially true concerning the provisions addressing registration of religious groups. In its current form, the draft law's use of registration requirements appears complex, confusing and convoluted. The two step process of registering religious groups appears to be more an exercise for government involvement rather than a well outlined procedure for recognizing religious communities. The vague requirement of “record-keeping” registration is especially problematic, as it could serve as a major obstacle for successful registration that the government can utilize to block an application. Clear and transparent guidelines would be a superior way to prevent arbitrary tampering by government officials in the process of registration. In closing, I hope both the Kazakh and Kyrgyz Governments will be mindful of 1989 Vienna Concluding Document, (para 16.3), which states that governments are obligated to “grant upon their request to communities of believers, practicing or prepared to practice their faith within the constitutional framework of their states, recognition of the status provided for them in their respective countries.”

  • Religious Registration in the OSCE Region

    This briefing discussed religiuos registration policies throughout the 55-country OSCE region. Chairman Christopher Smith noted that registration laws limiting religious freedom were not only being passed in former Soviet states, but in Western European states such as Austria. Dr. Bijsterveld outlined the OSCE's position that an international response would be required to limit the spread of policies restricting religious freedom. Mr. Thames provided a detailed analysis of one such policy, a Greek law that effectively banned non-Orthodox broadcasting.  Finally, Col. Baillie gave a firsthand account of how the issue of religious registration in Georgia, Moldova, Ukraine, Romania, and Russia had impacted the operations of the Salvation Army in those countries. These impediments ranged from bureaucrtic obstacles in Ukraine to a flat-out denial to operate in Moscow.  

  • Roadblock to Religious Liberty: Religious Registration

    The United States Helsinki Commission conducted a public briefing to explore the issue of religious registration, one of many roadblocks to religious liberties around the world, focusing on religious registration among the 55 nations of the Organization for Security and Cooperation in Europe. The troubling trend followed by several OSCE participating states toward restricting the right to freedom of religion by using registration schemes, making it virtually impossible for citizens to practice their faith was addressed. Panelists at the event – including Dr. Sophie van Bijsterveld, Co-Chair of the OSCE/ODIHR Advisory Panel of Experts on Freedom of Religion or Belief; Dr. Gerhard Robbers, Member of the OSCE/ODIHR Advisory Panel of Experts on Freedom of Religion or Belief; Vassilios Tsirbas, Senior Counsel for the European Centre for Law and Justice; and Col. Kenneth Baillie, Commanding Officer of the Salvation Army-Moscow – discussed the various ways governments are chipping away at religious liberty. New legislation concerning religious registration policies that could potentially stymie religious freedom within the OSCE region was also addressed.

  • U.S. Policy Toward the OSCE

    This hearing examined U.S. policy toward the Organization for Security and Cooperation in Europe (OSCE). The Commission remains keenly interested in the OSCE as a tool for promoting human rights and democratic development and advancing U.S. interests in the expansive OSCE region. The distinguished witnesses and Commissioners discussed ways in which to take advantage of the wide membership of the OSCE to put in place quite a number of improvements on the counterterrorism agenda, including getting more countries to sign the relevant Conventions on Antiterrorism and to increase particularly police involvement in the OSCE member states to counter terrorism.

  • Moldova: Are the Russian Troops Really Leaving?

    This hearing, presided over by Co-Chairman Christopher H. Smith (NJ-04), focused on the Republic of Moldova, specifically its relationship to the Russian Federation.  Moldova has been facing a secession movement in Transdniestria, a small territory on its border with Ukraine, since its independence from the Soviet Union in 1991.   The Russian army reportedly helped the pro-Soviet leadership of the Transdniestria succession movement solidify its position during a bloody confrontation with Moldovan forces in the summer of 1992. Within the OSCE, the withdrawal of Russian forces from Moldova and the Transdniestria conflict have been concerns since 1993.   Witnesses testified that  in the past three-and-a-half months, the Russians have been withdrawing troops and equipment, in line with their commitment made in Istanbul. While the Transdniestria authorities oppose this, the Russians seem to be on track to fully withdraw by 2002. 

  • Missed Opportunity in Belarus

    By Orest S. Deychakiwsky, Staff Advisor and Ron McNamara, Chief of Staff Commission staff observed the September 9 presidential election in Belarus, in which Belarusian strongman Aleksandr Lukashenka prevailed in a fundamentally unfair election marred by harassment of the opposition and independent media. Unprecedented obstacles erected by the authorities impeded normal long-term observation of the election while Lukashenka lashed out with vitriolic threats against OSCE mission head Ambassador Hans-Georg Wieck and U.S. Ambassador Mike Kozak in the closing days of the campaign. Hopes that the election would bring an end to the country’s self-imposed isolation were dashed by wide-scale rights violations by the regime in the weeks leading up to election day and serious irregularities in the balloting. The International Limited Election Observation Mission, which consisted of the OSCE’s Office of Democratic Institutions and Human Rights (ODIHR) and the Parliamentary Troika composed of the OSCE Parliamentary Assembly (OSCE/PA), the Parliamentary Assembly of the Council of Europe and the European Parliament, concluded that there were fundamental flaws in the election process and that the elections failed to meet OSCE standards for democratic elections. Commission staff participated in the OSCE/PA delegation, on election day observing the vote in Miensk and in towns and villages in the Miensk,Vitsyebsk and Mahilyow regions, including in the village in which Lukashenka was born. The problematic pre-election campaign period determined the election’s outcome. The election took place against a backdrop of recent credible revelations of involvement by close associates of Lukashenka in the disappearances and presumed murders of leading opposition members. Criteria established by the OSCE in 2000 as benchmarks for democratic elections – transparency of the elections process, access of opponents to the state-run media, and a climate free of fear – were not met. There was a profound lack of a level playing field for the candidates. The weeks leading up to the presidential contest were characterized by harassment of the opposition, raids on non-governmental organizations and independent newspapers, with the confiscation of campaign materials, newspapers, printing presses and computer equipment. The dominant state-owned media outlets were overwhelmingly biased in favor of Lukashenka. The Belarusian authorities did everything they could to thwart the opposition, including ruling by decree, failing to guarantee the independence of the election administration, and allowing abuses in “early voting.” The authorities’ treatment of the OSCE observation mission, including delays in issuing an invitation which forced the mission to limit its observation to a mere three weeks before the election and denials of visas, was described by one OSCE election official as “unprecedented” -- worse than in any other of the more than two dozen countries in which the OSCE has observed elections. The regime maintained firm control over virtually every aspect of the election process, from the makeup of the election commissions with their visible lack of representatives of the opposition, to keeping independent observers from scrutinizing the vote tabulation. One of the few positive outcomes of the Belarusian presidential race was the development of the democratic opposition and civil society, despite the intense pressures it faced from the Lukashenka regime. Regrettably, Lukashenka and his inner circle squandered the opportunity presented by the election to restore some degree of normalcy to relations between Belarus and most OSCE participating States, including the United States. Desperate for a modicum of international recognition, members of Belarus’ “National Assembly” were out in force making overtures to OSCE Parliamentary Assembly observers in hopes of ending their isolation following last year’s flawed parliamentary elections.

  • Civilian Police and Police Training in Post-Conflict OSCE Areas

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  • Helsinki Commissioners Play Key Role at OSCE Parliamentary Assembly

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Commission Members from the House of Representatives included Rep. Steny H. Hoyer (D-MD), Rep. Joseph R. Pitts (R-PA), Rep. Benjamin L. Cardin (D-MD), Rep. Zach Wamp (R-TN),Rep. Louise McIntosh Slaughter (D-NY) and Rep. Alcee L. Hastings (D-FL). Other delegates from the House of Representatives were Rep. Michael McNulty (D-NY), Rep. Peter King (R-NY), Rep. Ed Bryant (R-TN), Rep. Joseph Hoeffel (D-NY) and Rep. Tom Tancredo (R-CO). The central theme of OSCE PA´s Tenth Annual Session was "European Security and Conflict Prevention: Challenges to the OSCE in the 21st Century." This year's Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States, including the first delegation from the Federal Republic of Yugoslavia following Belgrade's suspension from the OSCE process in 1992. Seven countries, including the Russian Federation and the Federal Republic of Yugoslavia, were represented at the level of Speaker of Parliament or President of the Senate. Following a decision made earlier in the year, the Assembly withheld recognition of the pro-Lukashenka National Assembly given serious irregularities in Belarus' 2000 parliamentary elections. In light of the expiration of the mandate of the democratically-elected 13th Supreme Soviet, no delegation from the Republic of Belarus was seated. The inaugural ceremony included welcoming addresses by the OSCE PA President Adrian Severin, Speaker of the National Assembly Raymond Forni, and the Speaker of the Senate Christian Poncelet. The French Minister of Foreign Affairs, Hubert Védrine also addressed delegates during the opening plenary. The OSCE Chairman-in-Office, Romanian Foreign Minister Mircea Geoana, presented remarks and responded to questions from the floor. Other senior OSCE officials also made presentations, including the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the OSCE Office for Democratic Institutions and Human Rights. The 2001 OSCE PA Prize for Journalism and Democracy was presented to the widows of the murdered journalists José Luis López de Lacalle of Spain and Georgiy Gongadze of Ukraine. The Spanish and Ukrainian journalists were posthumously awarded the prize for their outstanding work in furthering OSCE values. 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. Resolutions sponsored by Commissioners on the U.S. delegation served as the focal point for discussion on such timely topics as "Combating Corruption and International Crime in the OSCE Region," by Chairman Campbell; "Southeastern Europe," by Senator Voinovich; "Prevention of Torture, Abuse, Extortion or Other Unlawful Acts" and "Combating Trafficking in Human Beings," by Co-Chairman Smith; "Freedom of the Media," by Mr. Hoyer; and "Developments in the North Caucasus," by Mr. Cardin. Senator Hutchison played a particularly active role in debate over the Anti-Ballistic Missile Treaty in the General Committee on Political Affairs and Security, chaired by Mr. Hastings, which focused on the European Security and Defense Initiative. An amendment Chairman Campbell introduced in the General Committee on Economic Affairs, Science, Technology and Environment on promoting social, educational and economic opportunity for indigenous peoples won overwhelming approval, making it the first ever such reference to be included in an OSCE PA declaration. Other U.S. amendments focused on property restitution laws, sponsored by Mr. Cardin, and adoption of comprehensive non-discrimination laws, sponsored by Mr. Hoyer. Chairman Campbell sponsored a resolution calling for lawmakers to enact specific legislation designed to combat international crime and corruption. The resolution also urged the OSCE Ministerial Council, expected to meet in the Romanian capital of Bucharest this December, to consider practical means of promoting cooperation among the participating States in combating corruption and international crime. Co-Chairman Smith sponsored the two resolutions at the Parliamentary Assembly. Smith's anti-torture resolution called on participating States to exclude in courts of law or legal proceedings evidence obtained through the use of torture or other forms of cruel, inhuman or degrading treatment. Smith also worked with the French delegation to promote a measure against human trafficking in the OSCE region. Amendments by members of the U.S. delegation on the General Committee on Democracy, Human Rights and Humanitarian Questions focused on the plight of Roma, Mr. Smith; citizenship, Mr. Hoyer; and Nazi-era compensation and restitution, and religious liberty, Mrs. Slaughter. The Parliamentary Assembly adopted a resolution sponsored by Mr. Hoyer which called on all OSCE States to ensure freedom of speech and freedom of the press in their societies. Hoyer said an open, vibrant and pluralistic media is the cornerstone of democracy. He noted that free press is under attack in some OSCE countries. Senator Voinovich sponsored a comprehensive resolution promoting greater stability in Southeast Europe. Senator Voinovich's resolution pushed for a political solution to the violence and instability which has engrossed Southeastern Europe. Mrs. Slaughter successfully sought measures toward protecting religious liberties and recognizing the importance of property restitution. An amendment noted that OSCE participating States have committed to respecting fundamental religious freedoms. Another amendment recognized that attempts to secure compensation and restitution for losses perpetrated by the Nazis can only deliver a measure of justice to victims and their heirs. Mr. Cardin sponsored a resolution on the North Caucasus region of the Russian Federation which denounced the excessive force used by Russian military personnel against civilians in Chechnya. The resolution condemns all forms of terrorism committed by the Russian military and Chechen fighters. One of Cardin's amendments addressed the restitution of property seized by the Nazis and Communists during and after World War II. Mr. Hastings was elected to a three-year term as one of nine Vice Presidents of the Parliamentary Assembly. Mr. Hastings most recently served as Chairman of the Assembly's General Committee on Political Affairs and Security. U.S. participants also took part in debate on the abolition of the death penalty, an issue raised repeatedly during the Assembly and in discussions on the margins of the meeting. The Paris Declaration of the OSCE Parliamentary Assembly is available on the Internet at http://www.osce.org/pa. While in Paris, members of the delegation held a series of meetings, including bilateral sessions with representatives from the Russian Federation, the Federal Republic of Yugoslavia, the United Kingdom, and Kazakhstan. Members also met with the President of the French National Assembly to discuss diverse issues in U.S.-French relations including military security, agricultural trade, human rights and the death penalty. During a meeting with Romanian Foreign Minister Mircea Geoana, Members discussed the United States' proposal of a strategic defense initiative, policing in the former Yugoslavia, and international adoption policy. Members also attended a briefing by legal experts on developments affecting religious liberties in Europe. A session with representatives of American businesses operating in France and elsewhere in Europe gave members insight into the challenges of today's global economy. Elections for officers of the Assembly were held during the final plenary. Mr. Adrian Severin of Romania was re-elected President. Senator Jerahmiel Graftstein of Canada was elected Treasurer. Three of the Assembly's nine Vice-Presidents were elected to three-year terms: Rep. Alcee Hastings (USA), Kimmo Kiljunen (Finland), and Ahmet Tan (Turkey). The Assembly's Standing Committee agreed that the Eleventh Annual Session of the OSCE Parliamentary Assembly will be held next July in Berlin, Germany. En route to Paris, the delegation traveled to Normandy for a briefing by United States Air Force General Joseph W. Ralston, Commander in Chief of the U.S. European Command and Supreme Allied Commander Europe. General Ralston briefed the delegation on security developments in Europe, including developments in Macedonia, Kosovo and Bosnia-Herzegovina, as well as cooperation with the International Criminal Tribunal for the former Yugoslavia. At the Normandy American Cemetery, members of the delegation participated in ceremonies honoring Americans killed in D-Day operations. Maintained by the American Battle Monuments Commission, the cemetery is the final resting place for 9,386 American service men and women and honors the memory of the 1,557 missing. The delegation also visited the Pointe du Hoc Monument honoring elements of the 2nd Ranger Battalion. 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.

  • Helsinki Commissioners Play Key Role in United States Delegation to the OSCE Parliamentary Assembly

    Leaders and Members of the United States Helsinki Commission played a key role as part of the U.S. delegation to the Tenth Annual Parliamentary Assembly of the Organization for Security and Cooperation in Europe hosted by the French National Assembly July 6-10, 2001. The U.S. delegation successfully promoted measures to improve the conditions of human rights, security and economic development throughout Europe. Commission Chairman Senator Ben Nighthorse Campbell (R-CO) and Co-Chairman Rep. Christopher H. Smith (R-NJ) led eight of their Commission colleagues and five other Representatives on the delegation, the largest of any nation participating in the 2001 Assembly. The size of the 15-Member U.S. delegation was a demonstration of the continued commitment by the United States, and the U.S. Congress, to Europe. Commission Members from the Senate participating in the Assembly were Senator Kay Bailey Hutchison (R-TX) and Senator George V. Voinovich (R-OH). Commission Members from the House of Representatives included Rep. Steny H. Hoyer (D-MD), Rep. Joseph R. Pitts (R-PA), Rep. Benjamin L. Cardin (D-MD), Rep. Zach Wamp (R-TN),Rep. Louise McIntosh Slaughter (D-NY) and Rep. Alcee L. Hastings (D-FL). Other delegates from the House of Representatives were Rep. Michael McNulty (D-NY), Rep. Peter King (R-NY), Rep. Ed Bryant (R-TN), Rep. Joseph Hoeffel (D-NY) and Rep. Tom Tancredo (R-CO). The central theme of OSCE PA´s Tenth Annual Session was "European Security and Conflict Prevention: Challenges to the OSCE in the 21st Century." This year's Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States, including the first delegation from the Federal Republic of Yugoslavia following Belgrade's suspension from the OSCE process in 1992. Seven countries, including the Russian Federation and the Federal Republic of Yugoslavia, were represented at the level of Speaker of Parliament or President of the Senate. Following a decision made earlier in the year, the Assembly withheld recognition of the pro-Lukashenka National Assembly given serious irregularities in Belarus' 2000 parliamentary elections. In light of the expiration of the mandate of the democratically-elected 13th Supreme Soviet, no delegation from the Republic of Belarus was seated. The inaugural ceremony included welcoming addresses by the OSCE PA President Adrian Severin, Speaker of the National Assembly Raymond Forni, and the Speaker of the Senate Christian Poncelet. The French Minister of Foreign Affairs, Hubert Védrine also addressed delegates during the opening plenary. The OSCE Chairman-in-Office, Romanian Foreign Minister Mircea Geoana, presented remarks and responded to questions from the floor. Other senior OSCE officials also made presentations, including the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the OSCE Office for Democratic Institutions and Human Rights. The 2001 OSCE PA Prize for Journalism and Democracy was presented to the widows of the murdered journalists José Luis López de Lacalle of Spain and Georgiy Gongadze of Ukraine. The Spanish and Ukrainian journalists were posthumously awarded the prize for their outstanding work in furthering OSCE values. 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. Resolutions sponsored by Commissioners on the U.S. delegation served as the focal point for discussion on such timely topics as "Combating Corruption and International Crime in the OSCE Region," by Chairman Campbell; "Southeastern Europe," by Senator Voinovich; "Prevention of Torture, Abuse, Extortion or Other Unlawful Acts" and "Combating Trafficking in Human Beings," by Co-Chairman Smith; "Freedom of the Media," by Mr. Hoyer; and "Developments in the North Caucasus," by Mr. Cardin. Senator Hutchison played a particularly active role in debate over the Anti-Ballistic Missile Treaty in the General Committee on Political Affairs and Security, chaired by Mr. Hastings, which focused on the European Security and Defense Initiative. An amendment Chairman Campbell introduced in the General Committee on Economic Affairs, Science, Technology and Environment on promoting social, educational and economic opportunity for indigenous peoples won overwhelming approval, making it the first ever such reference to be included in an OSCE PA declaration. Other U.S. amendments focused on property restitution laws, sponsored by Mr. Cardin, and adoption of comprehensive non-discrimination laws, sponsored by Mr. Hoyer. Chairman Campbell sponsored a resolution calling for lawmakers to enact specific legislation designed to combat international crime and corruption. The resolution also urged the OSCE Ministerial Council, expected to meet in the Romanian capital of Bucharest this December, to consider practical means of promoting cooperation among the participating States in combating corruption and international crime. Co-Chairman Smith sponsored the two resolutions at the Parliamentary Assembly. Smith's anti-torture resolution called on participating States to exclude in courts of law or legal proceedings evidence obtained through the use of torture or other forms of cruel, inhuman or degrading treatment. Smith also worked with the French delegation to promote a measure against human trafficking in the OSCE region. Amendments by members of the U.S. delegation on the General Committee on Democracy, Human Rights and Humanitarian Questions focused on the plight of Roma, Mr. Smith; citizenship, Mr. Hoyer; and Nazi-era compensation and restitution, and religious liberty, Mrs. Slaughter. The Parliamentary Assembly adopted a resolution sponsored by Mr. Hoyer which called on all OSCE States to ensure freedom of speech and freedom of the press in their societies. Hoyer said an open, vibrant and pluralistic media is the cornerstone of democracy. He noted that free press is under attack in some OSCE countries. Senator Voinovich sponsored a comprehensive resolution promoting greater stability in Southeast Europe. Senator Voinovich's resolution pushed for a political solution to the violence and instability which has engrossed Southeastern Europe. Mrs. Slaughter successfully sought measures toward protecting religious liberties and recognizing the importance of property restitution. An amendment noted that OSCE participating States have committed to respecting fundamental religious freedoms. Another amendment recognized that attempts to secure compensation and restitution for losses perpetrated by the Nazis can only deliver a measure of justice to victims and their heirs. Mr. Cardin sponsored a resolution on the North Caucasus region of the Russian Federation which denounced the excessive force used by Russian military personnel against civilians in Chechnya. The resolution condemns all forms of terrorism committed by the Russian military and Chechen fighters. One of Cardin's amendments addressed the restitution of property seized by the Nazis and Communists during and after World War II. Mr. Hastings was elected to a three-year term as one of nine Vice Presidents of the Parliamentary Assembly. Mr. Hastings most recently served as Chairman of the Assembly's General Committee on Political Affairs and Security. U.S. participants also took part in debate on the abolition of the death penalty, an issue raised repeatedly during the Assembly and in discussions on the margins of the meeting. While in Paris, members of the delegation held a series of meetings, including bilateral sessions with representatives from the Russian Federation, the Federal Republic of Yugoslavia, the United Kingdom, and Kazakhstan. Members also met with the President of the French National Assembly to discuss diverse issues in U.S.-French relations including military security, agricultural trade, human rights and the death penalty. During a meeting with Romanian Foreign Minister Mircea Geoana, Members discussed the United States' proposal of a strategic defense initiative, policing in the former Yugoslavia, and international adoption policy. Members also attended a briefing by legal experts on developments affecting religious liberties in Europe. A session with representatives of American businesses operating in France and elsewhere in Europe gave members insight into the challenges of today's global economy. Elections for officers of the Assembly were held during the final plenary. Mr. Adrian Severin of Romania was re-elected President. Senator Jerahmiel Graftstein of Canada was elected Treasurer. Three of the Assembly's nine Vice-Presidents were elected to three-year terms: Rep. Alcee Hastings (USA), Kimmo Kiljunen (Finland), and Ahmet Tan (Turkey). The Assembly's Standing Committee agreed that the Eleventh Annual Session of the OSCE Parliamentary Assembly will be held next July in Berlin, Germany. En route to Paris, the delegation traveled to Normandy for a briefing by United States Air Force General Joseph W. Ralston, Commander in Chief of the U.S. European Command and Supreme Allied Commander Europe. General Ralston briefed the delegation on security developments in Europe, including developments in Macedonia, Kosovo and Bosnia-Herzegovina, as well as cooperation with the International Criminal Tribunal for the former Yugoslavia. At the Normandy American Cemetery, members of the delegation participated in ceremonies honoring Americans killed in D-Day operations. Maintained by the American Battle Monuments Commission, the cemetery is the final resting place for 9,386 American service men and women and honors the memory of the 1,557 missing. The delegation also visited the Pointe du Hoc Monument honoring elements of the 2nd Ranger Battalion.

  • Torture and Police Abuse in the OSCE Region

    Mr. Speaker, over the July Fourth recess, I had the privilege of participating in the U.S. Delegation to the OSCE Parliamentary Assembly's annual meeting held in Paris, where I introduced a resolution on the need for the OSCE participating States--all of our States--to intensify our efforts to combat torture , police abuse, and racial profiling. This resolution, adopted and included the Assembly's final Declaration, also calls for greater protection for non-governmental organizations, medical personnel, and others who treat the victims of torture and report on their human rights violations. The resolution also condemns the insidious practice of racial profiling, which has the effect of leaving minorities more vulnerable to police abuse. Finally, my resolution calls for the OSCE participating States to adopt, in law and in practice, a complete ban on incommunicado detention. Tragically, recent news reports only underscore how urgent the problem of police abuse is. I would like to survey a few of the reports received by the Helsinki Commission in recent weeks. First, on July 7 in Slovakia, the body of Karol Sendrei, a 51-year-old Romani father, was returned to his family. The convoluted account of his death has included mutual recriminations among police officers and, so far, has led to the resignation of the mayor of Magnezitovce and indictments against three police officers. While much remains to be sorted out, this much is clear: On July 5, Mr. Sendrei was taken into police custody. The next day, he died of injuries, including shock caused by a torn liver, cranial and pericardial bleeding, and broken jaw, sternum, and ribs. According to reports, Mr. Sendrei had been chained to a radiator and beaten over for the last twelve hours of his life. The deaths in police custody of Lubomir Sarissky in 1999 and now Mr. Sendrei, persistent reports of police abuse in villages like Hermanovce, and the reluctance of the police and judicial system to respond seriously to racially motivated crimes have all eroded trust in law enforcement in Slovakia. As Americans know from first-hand experience, when the public loses that trust, society as a whole pays dearly. I welcome the concern for the Sendrei case reflected in the statements of Prime Minister Dzurinda, whom I had the chance to meet at the end of May, and others in his cabinet. But statements alone will not restore confidence in the police among Slovakia's Romani community. Those who are responsible for this death must be held fully accountable before the law. Although it has received far less press attention, in Hungary, a Romani man was also shot and killed on June 30 by an off-duty police officer in Budapest; one other person was injured in that shooting. While the police officer in that case has been arrested, too often reports of police misconduct in Hungary are ignored or have been countered with a slap on the wrist. I remain particularly alarmed by the persistent reports of police brutality in Hajduhadhaz and police reprisals against those who have reported their abuse to the Helsinki Commission. In one case, a teenager in Hajduhadhaz who had reported being abused by the police was detained by the police again--after his case had been brought to the attention of the Helsinki Commission, and after Helsinki Commission staff had raised it with the Hungarian Ambassador. In an apparent attempt to intimidate this boy, the police claimed to have a “John Doe'' criminal indictment for “unknown persons'' for damaging the reputation of Hungary abroad. These are outrageous tactics from the communist-era that should be ended. I urge Hungarian Government officials to look more closely at this problem and take greater efforts to combat police abuse. I understand an investigation has begun into possible torture by a riverbank patrol in Tiszabura, following reports that police in that unit had forced a 14-year-old Romani boy into the ice-cold waters of the Tisza River. There are now reports that this unit may have victimized other people as well. I am hopeful this investigation will be transparent and credible and that those who have committed abuses will be held fully accountable. In the Czech Republic, lack of confidence in law enforcement agents has recently led some Roma to seek to form their own self-defense units. Frankly, this is not surprising. Roma in the Czech Republic continue to be the target of violent, racially motived crime: On April 25, a group of Roma was attacked by German and Czech skinheads in Novy Bor. On June 30, 4 skinheads attacked a group of Roma in Ostrava; one of the victims of that attack was repeatedly stabbed, leaving his life in jeopardy. On July 16, three men shouting Nazi slogans attacked a Romani family in their home in western Bohemia. On July 21, a Romani man was murdered in Svitavy by a man who had previously committed attacks against Roma, only to face a slap on the wrist in the courts. These cases follow a decade in which racially motivated attacks against Roma in the Czech Republic have largely been tolerated by the police. Indeed, in the case of the murder of Milan Lacko, a police officer was involved. More to the point, he ran over Milan Lacko's body with his police car, after skinheads beat him and left him in the road. I am not, however, without hope for the Czech Republic. Jan Jarab, the Czech Government's Human Rights Commissioner, has spoken openly and courageously of the human rights problems in his country. For example, the Czech News Agency recently reported that Jarob had said that “the Czech legal system deals `benevolently' with attacks committed by right-wing extremists, `[f]rom police investigators, who do not want to investigate such cases as racial crimes, to state attorneys and judges, who pass the lowest possible sentences.'”  I hope Czech political leaders--from every party and every walk of life--will support Jan Jarab's efforts to address the problems he so rightly identified. Clearly, problems of police abuse rarely if ever go away on their own. On the contrary, I believe that, unattended, those who engage in abusive practices only become more brazen and shameless. When two police officers in Romania were accused of beating to death a suspect in Cugir in early July, was it really a shock?  In that case, the two officers had a history of using violent methods to interrogate detainees--but there appears to have been no real effort to hold them accountable for their atrocities. I am especially concerned by reports from Amnesty International that children are among the possible victims of police abuse and torture in Romania. On March 14, 14-year-old Vasile Danut was detained by police in Vladesti and beaten severely by police. On April 5, 15-year-old loana Silaghi was reportedly attacked by a police officer in Oradea. Witnesses in the case have reportedly also been intimidated by the police. In both cases, the injuries of the children were documented by medical authorities. I urge the Romanian authorities to conduct impartial investigations into each of these cases and to hold fully accountable those who may be found guilty of violating the law. Mr. Speaker, as is well-known to many Members, torture and police abuse is a particularly widespread problem in the Republic of Turkey. I have been encouraged by the willingness of some public leaders, such as parliamentarian Emre Kocaoglu, to acknowledge the breadth and depth of the problem. Acknowledging the existence of torture must surely be part of any effort to eradicate this abuse in Turkey. I was therefore deeply disappointed by reports that 18 women, who at a conference last year publicly described the rape and other forms of torture meted out by police, are now facing charges Finally, Mr. Speaker, I would like to draw attention to the case of Abner Louima in New York, whose case has come to light again in recent weeks. In 1997, Abner Louima was brutally and horrifically tortured by police officials; he will suffer permanent injuries for the rest of his life because of the damage inflicted in a single evening. Eventually, New York City police officer Justin Volpe pleaded guilty of the crimes. Another officer was also found guilty of participating in the assault and four other officers were convicted of lying to authorities about what happened. On July 12, Abner Louima settled the civil suit he had brought against New York City and its police union. There has been no shortage of ink to describe the $7.125 million that New York City will pay to Mr. Louima and the unprecedented settlement by the police union, which agreed to pay an additional $1.625 million. What is perhaps most remarkable in this case is that Mr. Louima had reached agreement on the financial terms of this settlement months ago. He spent the last 8 months of his settlement negotiations seeking changes in the procedures followed when allegations of police abuse are made. As the Louima case illustrated, there is no OSCE participating State, even one with long democratic traditions and many safeguards in place, that is completely free from police abuse. Of course, I certainly don't want to leave the impression that the problems of all OSCE countries are more or less alike--they are not. The magnitude of the use of torture in Turkey and the use of torture as a means of political repression in Uzbekistan unfortunately distinguish those countries from others. But every OSCE participating State has an obligation to prevent and punish torture and other forms of police abuse and I believe every OSCE country should do more.

  • "Disappeared" Belarusian Opposition Leaders

    Mr. President, earlier today, I had the opportunity to meet with the wives of four Belarusian opposition leaders who have either disappeared, been imprisoned, or have died under mysterious circumstances. Theirs is a compelling story which starkly illustrates the human toll of Alexander Lukashenka's regime in which human rights, democracy and the rule of law are violated with impunity.   These courageous women--Ludmilla Karpenko, Irina Krasovska, Tatiana Klimova and Svetlana Zavadska--conveyed their concerns about their husbands as well as about the continuing climate of fear in Belarus.   Earlier this month, I led a delegation to the OSCE Parliamentary Assembly Annual Session, where I met with Anatoly Lebedko, one of the leaders of the Belarusian democratic opposition.   Belarusian presidential elections are quickly coming up--on September 9. Unfortunately, the Belarusian authorities have not yet made a serious commitment to abide by criteria set forth well over a year ago by the Organization for Security and Cooperation in Europe, OSCE, of which Belarus is a member. These criteria include an end of the climate of fear, equal access to the state media for all candidates, respect for freedom of assembly, as well as transparency and fairness in the registration of candidates and functioning of electoral commissions.   The Helsinki Commission, which I chair, continues to receive troubling reports concerning developments in Belarus. Indeed, the prospects for free and fair presidential elections this fall remain dim. The unbalanced composition of the regional electoral commissions is particularly disturbing given the apparent rejection by the authorities of all candidates--over 800--proposed by Belarusian democratic parties and non-governmental organizations. The Belarusian authorities need to guarantee the impartiality of the electoral commissions by ensuring that democratic parties and non-governmental organizations, NGOs, are represented meaningfully and to correct other reported violations of the electoral code.   The State Department has urged the Belarusian authorities to mount a credible investigation to account for missing former Minister of Internal Affairs Yury Zakharenka, 13th Supreme Soviet Deputy Chairman Viktor Gonchar and his associate Anatoly Krasovsky, as well as Russian Television cameraman Dmitry Zavadsky. They have urged the immediate release of political prisoners and 13th Supreme Soviet members Andrei Klimov and Valery Shchukin. Such an investigation, as well as the release of political prisoners, will be an essential factor in reducing the current climate of fear.   Finally, the Belarusian authorities need to work with the OSCE to facilitate the work of international and domestic observers and to help ensure that all candidates are able to organize freely, without harassment, and carry their campaigns to the people.   While it is not yet too late for the Belarusian authorities to take the steps necessary to ensure an atmosphere conducive to elections that will meet international democratic standards, time is of the essence. Free and fair presidential elections are an essential step if Belarus is to move ahead and end its self-imposed isolation. As President Bush has remarked in connection with this week's observance of Captive Nations Week, America must remain vigilant in our support of those living under authoritarianism. The people of Belarus have that support as they seek to overcome the legacy of the past and build an independent nation based on democracy, human rights and the rule of law.

  • Twenty-Five Years of the Helsinki Commission

    Mr. Speaker, twenty-five years ago this month, on June 3, 1976, a law was enacted creating the Commission on Security and Cooperation in Europe. We know it as “the Helsinki Commission.” One of the smallest and most unique bodies in the U.S. Government, it perhaps ranks among the most effective for its size. I have been proud to be a member of the Commission for the past 16 years. When President Gerald Ford signed, in Helsinki in 1975, the Final Act of the Conference on Security and Cooperation in Europe, he said that “history will judge this Conference not by what we say here today, but by what we do tomorrow--not only by the promises we make, but by the promises we keep.” That piece of rhetoric has not only been repeated in various forms by every United States President since; it has continually served as a basis for U.S. policy toward Europe. Credit for this fact, and for the Commission's establishment, first goes to our late colleague here in the House, Millicent Fenwick, and the late-Senator Clifford Case, both of New Jersey. Observing the foundation of human rights groups in the Soviet Union and Eastern Europe to monitor and, it was hoped, to encourage their governments to keep the promises made in Helsinki, she and other Members of Congress felt it would be good to give them some signs of support.   Keep in mind, Mr. Speaker, that this was in the midst of detente with Moscow, a polite dance of otherwise antagonistic great powers. It was a time when the nuclear warhead was thought to be more powerful than the human spirit, and the pursuit of human rights in the communist world was not considered sufficiently realistic, except perhaps as a propaganda tool with which to woo a divided European continent and polarized world. The philosophy of the Commission was otherwise. Respect for human rights and fundamental freedoms is, as the Helsinki Final Act indicates, a prerequisite for true peace and true security. As such, it is also a principle guiding relations between states, a legitimate matter for discussion among them. This philosophy, broadened today to include democratic norms such as free and fair elections and respect for the rule of law, remains the basis for the Commission's work.   Of course, the Commission was not meant to be a place for mere debate on approaches to foreign policy; it had actually to insert itself into the policy-making process. The Commission Chairman for the first decade, the late Dante Fascell of Florida, fought hard to do just that. It was, I would say, a bipartisan fight, with several different Congresses taking on several different Administrations. Moreover, it was not just a fight for influence in policy-making; it was a much tougher fight for better policies. The Commission staff, led during those early years by R. Spencer Oliver, was superb in this respect. It knew the Soviet Union and Eastern Europe. It worked with non-governmental organizations to increase public diplomacy and, subsequently, public support for In 15 years at the East-West divide, the Commission also championed policies, like the Jackson-Vanik amendment, linking human rights to trade and other aspects of U.S. bilateral relationships. The concept of linkage has often been chastised by the foreign policy establishment, but it comes from the passion of our own country's democratic heritage and nature. With persistence and care, it ultimately proved successful for the United States and the countries concerned.   The Helsinki Commission also became the champion of engagement. Commission members did not simply speak out on human rights abuses; they also traveled to the Soviet Union and the communist countries of East-Central Europe, meeting dissidents and ``refuseniks'' and seeking to gain access to those in the prisons and prison camps. At first, the Commission was viewed as such a threat to the communist system that its existence would not be officially acknowledged, but Commissioners went anyway, in other congressional capacities until such time that barriers to the Commission were broken down. The Commission focus was on helping those who had first inspired the Commission's creation, namely the Helsinki and human rights monitors, who had soon been severely persecuted for assuming in the mid-1970s that they could act upon their rights. Ethnic rights, religious rights, movement, association and expression rights, all were under attack, and the Commission refused to give up its dedication to their defense. Eventually, the hard work paid off, and the beginning of my tenure with the Commission coincided with the first signs under Gorbachev that East-West divisions were finally coming to an end. Sharing the chairmanship with my Senate counterparts--first Alfonse D'Amato of New York and then Dennis DeConcini of Arizona--the Commission argued against easing the pressure at the time it was beginning to produce results.   We argued for the human rights counterpart of President Reagan's “zero option'' for arms control, in which not only the thousands of dissenters and prospective emigrants saw benefits. They were joined by millions of everyday people--workers, farmers, students--suddenly feeling more openness, real freedom, and an opportunity with democracy. Dissidents on whose behalf the Commission fought--while so many others were labeling them insignificant fringe elements in society--were now being released and becoming government leaders, people like Polish Foreign Minister Bronislaw Geremek and Czech President Vaclav Havel. The independence of the Baltic States, whose forced incorporation into the USSR was never officially recognized by the United States, was actually reestablished, followed by others wishing to act upon the Helsinki right to self-determination.   Of course, Mr. Speaker, those of us on the Commission knew that the fall of communism would give rise to new problems, namely the extreme nationalism which communism swept under the rug of repression rather than neutralized with democratic antiseptic. Still, none of us fully anticipated what was to come in the 1990s. It was a decade of democratic achievement, but it nevertheless witnessed the worst violations of Helsinki principles and provisions, including genocide in Bosnia-Herzegovina and brutal conflicts elsewhere in the Balkans as well as in Chechnya, the Caucuses and Central Asia, with hundreds of thousands innocent civilians killed and millions displaced. Again, it was the Commission which helped keep these tragedies on the U.S. foreign policy agenda, holding hearings, visiting war zones and advocating an appropriately active and decisive U.S. response. In the face of such serious matters, too many sought to blame history and even democracy, equated victim with aggressor and fecklessly abandoned the principles upon which Helsinki was based. Again the Commission, on a bipartisan basis in dialogue with different Administrations, took strong issue with such an approach. Moreover, with our distinguished colleague, Christopher Smith of New Jersey, taking his turn as Chairman during these tragic times, the Commission took on a new emphasis in seeking justice for victims, providing much needed humanitarian relief and supporting democratic movements in places like Serbia for the sake of long-term stability and the future of the people living there.   In this new decade, Mr. Speaker, the Commission has remained actively engaged on the issues of the time. Corruption and organized crime, trafficking of women and children into sexual slavery, new attacks on religious liberty and discrimination in society, particularly against Romani populations in Europe, present new challenges. Senator Ben Nighthorse Campbell of Colorado, the latest Commission Chairman, has kept the Commission current and relevant. In addition, there continue to be serious problem areas or widespread or systemic violations of OSCE standards in countries of the Balkans, Central Asia and the Caucuses, or reversals of the democratization process as in Belarus. The Commission was born in the Cold War, but its true mission--the struggle for human rights, democratic government and the rule of law--remains as important now as it was then. It remains an essential element for true security and stability in the world, as well as, to paraphrase Helsinki, for the free and full development of the individual person, from whose inherent dignity human rights ultimately derive.   To conclude, Mr. Speaker, I wish to erase any illusion I have given in my praise for the Helsinki Commission on its first quarter of a century that it had single-handedly vanquished the Soviet empire or stopped the genocidal policies of Slobodan Milosevic. No, this did not occur, and our own efforts pale in comparison to the courage and risk-taking of human rights activists in the countries concerned. But I would assert, Mr. Speaker, that the wheels of progress turn through the interaction of numerous cogs, and the Commission has been one of those cogs, maybe with some extra grease. The Commission certainly was the vehicle through which the United States Government was able to bring the will of the American people for morality and human rights into European diplomacy. To those who were in the Soviet gulag, or in Ceausescu's Romania as a recent acquaintance there relayed to me with much emotion, the fact that some Americans and others were out there, speaking on their behalf, gave them the will to survive those dark days, and to continue the struggle for freedom. Many of those voices were emanating in the non-governmental community, groups like Amnesty International, Freedom House and Human Rights Watch. Through the Helsinki Commission, the voice of the United States Congress was heard as well, and I know that all of my colleagues who have been on the Commission or worked with it are enormously proud of that fact.

  • Troubling Trends: Human Rights in Russia

    The purpose of this hearing was to highlight the improvements in human rights in Russia since and to focus on the areas in which reform is still needed. The politicized imprisonments, restrictive legislation that muzzles Internet publications, defamation lawsuits has made independent media outlets struggle to survive and impunity in violent attacks against journalists. These attacks against the media were focused on well-known cases and extraordinary circumstances in Russia. From burdensome registration requirements and visits by the tax police to the confiscation of entire print runs and imposition of crippling fines, from criminal charges for defamation of individuals, institutions or the state, free media faces myriad threats and challenges today.

  • Introduction of the International Anti-Corruption Act of 2001

    Mr. President, today I introduce the International Anti-Corruption Act of 2001. This legislation addresses the growing problem of official and unofficial corruption abroad. This bill is based on S. 1514, which I introduced in the 106th Congress. Endemic corruption around the world negatively impacts both the United States and the citizens of countries where corruption is tolerated. Overseas corruption directly hurts U.S. businesses as they endeavor to expand internationally. U.S. workers are affected when corruption closes doors to our exports. In addition, the honest and hardworking citizens of countries stricken with corruption suffer as they are compelled to pay bribes to officials and other people in positions of power just to get the permits and licenses they need to get things done. The trade barrier created by corruption also limits the purchasing choices available to these people. Finally, many leading U.S. companies that are eager to invest and build factories overseas to produce consumer goods for consumption in those countries, often wisely choose not to do so because they are not willing to deal with the corruption they would encounter. Overall, honest and hardworking people living all around the world suffer as productive output is unjustly harmed. As the Chairman of the Commission on Security and Cooperation in Europe, known as the Helsinki Commission, I am working to address the problem of corruption. In the 106th Congress, I chaired a Commission hearing that focused on the issues of bribery and corruption in the region of the Organization for Security and Cooperation in Europe, an area stretching from Vancouver to Vladivostok. During this hearing, the Commission heard that, in economic terms, rampant corruption and organized crime in this vast region has cost U.S. businesses billions of dollars in lost contracts with direct implications for our economy. In addition, two years ago while attending the annual session of the OSCE Parliamentary Assembly in St. Petersburg, Russia, I had an opportunity to sit down with U.S. business representatives and learned, first-hand, about the many obstacles they face. Ironically, in some of the biggest recipients of U.S. foreign assistance--countries like Russia and Ukraine--the climate is either not conducive or outright hostile to American business. The time has come to stop providing aid as usual to those countries which line up to receive our assistance, only to turn around and fleece U.S. businesses conducting legitimate operations in these countries. For this reason, I am introducing the International Anti-Corruption Act of 2001 to require the State Department to submit a report and the President to certify by March 1 of each year that countries which are receiving U.S. foreign aid are, in fact, conducive to American businesses and investors. If a country is found to be hostile to American businesses, aid from the United States would be cut off. The certification would be specifically based on whether a country is making progress in, and is committed to, economic reform aimed at eliminating corruption. In fact, monitoring and measuring corruption, and the corresponding overall economic freedom, is nothing new. The Heritage Foundation regularly produces a comprehensive report entitled the “Index of Economic Freedom.” This year's 2001 report ranks 155 countries on the basis of 10 criteria, including “government intervention, foreign investment and black market.” While corruption is not identified individually in this report, you can bet there is a strong negative correlation between overall economic freedom and corruption. The more economic freedom you have, the less corruption you will have. It should be no surprise that the countries with the lowest levels of economic freedom are the very same countries that suffer from economic stagnation year after year. We owe it to the good people trapped in corrupt political systems to do what we can to help root out and get rid of this corruption. Under this bill, if the President certifies that a country's business climate is not conducive for U.S. businesses, that country will, in effect, be put on probation. The country would continue to receive U.S. foreign aid through that end of the fiscal year, but aid would be cut off on the first day of the next fiscal year unless the President certifies the country is making significant progress in implementing the specified economic indicators and is committed to recognizing the involvement of U.S. business. My bill also includes the customary waiver authority where the national interests of the United States are at stake. For countries certified as hostile to or not conducive for U.S. business, aid can continue if the President determines it is in the national security interest of the United States. However, the determination expires after six months unless the President determines its continuation is important to our national security interest. I also included a provision which would allow aid to continue to meet urgent humanitarian needs, including food, medicine, disaster and refugee relief, to support democratic political reform and rule of law activities, and to create private sector and non-governmental organizations that are independent of government control, or to develop a free market economic system. Instead of jumping on the bandwagon to pump millions of additional American tax dollars into countries which are hostile to U.S. businesses and investors, we should be working to root out the kinds of bribery and corruption that have an overall chilling effect on much needed foreign investment. Left unchecked, such corruption will continue to undermine fledgling democracies worldwide and further impede moves toward a genuine free market economy. I believe the legislation I am introducing today is a critical step this direction, and I urge my colleagues to support its passage. I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the bill was ordered to be printed in the Record, as follows: S. 988 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “International Anti-Corruption Act of 2001”. SEC. 2. LIMITATIONS ON FOREIGN ASSISTANCE. (a) REPORT AND CERTIFICATION.-- (1) IN GENERAL.--Not later than March 1 of each year, the President shall submit to the appropriate committees a certification described in paragraph (2) and a report for each country that received foreign assistance under part I of the Foreign Assistance Act of 1961 during the fiscal year. The report shall describe the extent to which each such country is making progress with respect to the following economic indicators: (A) Implementation of comprehensive economic reform, based on market principles, private ownership, equitable treatment of foreign private investment, adoption of a legal and policy framework necessary for such reform, protection of intellectual property rights, and respect for contracts. (B) Elimination of corrupt trade practices by private persons and government officials. (C) Moving toward integration into the world economy. (2) CERTIFICATION.--The certification described in this paragraph means a certification as to whether, based on the economic indicators described in subparagraphs (A) through (C) of paragraph (1), each country is-- (A) conducive to United States business; (B) not conducive to United States business; or (C) hostile to United States business. (b) LIMITATIONS ON ASSISTANCE.-- (1) COUNTRIES HOSTILE TO UNITED STATES BUSINESS.-- (A) GENERAL LIMITATION.--Beginning on the date the certification described in subsection (a) is submitted-- (i) none of the funds made available for assistance under part I of the Foreign Assistance Act of 1961 (including unobligated balances of prior appropriations) may be made available for the government of a country that is certified as hostile to United States business pursuant to such subsection (a); and (ii) the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote against any loan or other utilization of the funds of such institution to or by any country with respect to which a certification described in clause (i) has been made. (B) DURATION OF LIMITATIONS.--Except as provided in subsection (c), the limitations described in clauses (i) and (ii) of subparagraph (A) shall apply with respect to a country that is certified as hostile to United States business pursuant to subsection (a) until the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a)(1) and is no longer hostile to United States business. (2) COUNTRIES NOT CONDUCIVE TO UNITED STATES BUSINESS.-- (A) PROBATIONARY PERIOD.--A country that is certified as not conducive to United States business pursuant to subsection (a), shall be considered to be on probation beginning on the date of such certification. (B) REQUIRED IMPROVEMENT.--Unless the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a) and is committed to being conducive to United States business, beginning on the first day of the fiscal year following the fiscal year in which a country is certified as not conducive to United States business pursuant to subsection (a)(2)-- (i) none of the funds made available for assistance under part I of the Foreign Assistance Act of 1961 (including unobligated balances of prior appropriations) may be made available for the government of such country; and (ii) the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote against any loan or other utilization of the funds of such institution to or by any country with respect to which a certification described in subparagraph (A) has been made. (C) DURATION OF LIMITATIONS.--Except as provided in subsection (c), the limitations described in clauses (i) and (ii) of subparagraph (B) shall apply with respect to a country that is certified as not conducive to United States business pursuant to subsection (a) until the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a)(1) and is conducive to United States business. (c) EXCEPTIONS.-- (1) NATIONAL SECURITY INTEREST.--Subsection (b) shall not apply with respect to a country described in subsection (b) (1) or (2) if the President determines with respect to such country that making such funds available is important to the national security interest of the United States. Any such determination shall cease to be effective 6 months after being made unless the President determines that its continuation is important to the national security interest of the United States. (2) OTHER EXCEPTIONS.--Subsection (b) shall not apply with respect to-- (A) assistance to meet urgent humanitarian needs (including providing food, medicine, disaster, and refugee relief); (B) democratic political reform and rule of law activities; (C) the creation of private sector and nongovernmental organizations that are independent of government control; and (D) the development of a free market economic system. SEC. 3. TOLL-FREE NUMBER. The Secretary of Commerce shall make available a toll-free telephone number for reporting by members of the public and United States businesses on the progress that countries receiving foreign assistance are making in implementing the economic indicators described in section 2(a)(1). The information obtained from the toll-free telephone reporting shall be included in the report required by section 2(a). SEC. 4. DEFINITIONS. In this Act: (1) APPROPRIATE COMMITTEES.--The term “appropriate committees” means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) MULTILATERAL DEVELOPMENT BANK.--The term “multilateral development bank” means the International Bank for Reconstruction and Development, the International Development Association, and the European Bank for Reconstruction and Development.

  • Eightieth Anniversary of the Birthday of Dr. Andrei Sakharov

    Mr. Speaker, today I would like to call to the attention of my colleagues the 80th anniversary of the birth of the late Dr. Andrei Dmitrievich Sakharov, one of the truly great figures in the struggle for human rights in the 20th century. On May 21 of this year, Dr. Sakharov would have celebrated his 80th birthday. A brilliant physicist, Dr. Andrei Sakharov enjoyed the respect of his colleagues and the material privileges provided by Soviet officialdom for his work in helping to develop the Soviet atomic bomb. He could easily have continued to enjoy his elevated status in Soviet society, but his conscience would not permit it. He became deeply convinced that the arms race was pointless and a threat to mankind. When he protested privately to Soviet authorities, he was ignored. In 1968, Dr. Sakharov circulated his groundbreaking essay entitled, “Thoughts on Progress, Peaceful Co-Existence and Intellectual Freedom,” in which he drew the connection between human rights and international security. For this challenge to the system, he was barred from military research, and when he continued to protest, he was fired from his work.   In 1975, Dr. Sakharov was awarded the Nobel Peace Prize, but Soviet authorities would not allow him to travel to Oslo to receive the award. In January 1980, without any legal procedure, let alone a trial, Dr. Sakharov was picked up on the streets of Moscow by KGB agents and spirited off to exile in the city of Gorky. At the same time, the Kremlin, under the leadership of former KGB chairman Yuri Andropov, launched a crackdown on Soviet dissidents. In 1984, Dr. Sakharov's wife, Dr. Elena Bonner, was convicted of “defaming the Soviet political and social system” and sentenced to join him in exile. Even in these dark hours, Dr. Sakharov, continued to speak out against the war being carried out by Soviet forces in Afghanistan, to defend persecuted human rights activists in the Soviet Union and Eastern Europe, and to address vital issues of disarmament and peace. On three occasions, Dr. Sakharov went on a hunger strike to protest the mistreatment of his friends and colleagues in the human rights movement. During his confinement, his notes and his manuscripts were stolen from him by KGB thugs. President Reagan declared his sixtieth birthday, May 21, 1980, “Andrei Sakharov Day.” In December 1986, Soviet leader Mikhail Gorbachev lifted Dr. Sakharov's exile and “invited” him to return to Moscow. In 1989, Dr. Sakharov was elected to the Congress of People Deputies, an organization that had previously been the rubber stamp legislature for the Soviet Union. In the short time that he served, Dr. Sakharov joined a handful of other elected leaders to press for real reforms in the Soviet Union.   On December 14, 1989, the world was saddened to learn of this great man's death. In its coverage of ``the 100 Most Important People of the 20th Century,'' Time magazine noted that, “By the time of his death in 1989, this humble physicist had influenced the spread of democratic ideals throughout the communist world. His moral challenge to tyranny, his faith in the individual and the power of reason, his courage in the face of denunciation and, finally, house arrest--made him a hero to ordinary citizens everywhere.'' Although Andrei Sakharov has passed on and the Soviet Union is no more, the issues that he and his colleagues confronted still challenge us today. “Small wars,” like the bloody conflict in Chechnya, have replaced the big Cold War. Human rights continue to be violated. Arms control and security issues are high on the agenda. Several years ago, Dr. Bonner bequeathed Dr. Sakharov's papers to an American university bearing the name of one of our country's greatest jurists--Justice Louis Brandeis. This is a priceless gift not only to Brandeis, but to our entire nation. A generation of young people who have grown up since the fall of the Soviet Union, will be able to study Dr. Sakharov's writings on civic responsibility, non-violence, ethnic and religious intolerance, and other aspects of human rights and what we now call the human dimension. Mr. Speaker, on this, the eightieth anniversary of the birth of Andrei Sakharov, I urge Americans young and old to acquaint themselves with Dr. Sakharov's struggle for peace and human dignity, and to support educational efforts such as the Sakharov archive at Brandeis to preserve the legacy of an intellectual and humanitarian giant of the 20th century.

  • Human Rights Problems in Kazakhstan

    Mr. Speaker, I rise today to call attention to the lamentable human rights situation in Kazakhstan. On April 4, in a meeting with Kanat Saudabaev, Kazakhstan's new Ambassador to Washington, I welcomed his desire for cooperation and his willingness to improve his country's image, but I emphasized that Kazakhstan's reputation has indeed been badly tarnished and that concrete actions, not implausible pledges of democratization, were necessary. Considering the recent political trends in that important Central Asian country, I would like to share with my colleagues a number of the concerns I raised with Ambassador Saudabaev. As a Washington Post editorial pointed out on May 1, President Nursultan Nazarbaev has recently been intensifying his longstanding campaign of repression against the political opposition, independent media, and civil society. Especially alarming is the escalation in the level of brutality. In the last few months, several opposition activists have been assaulted. Platon Pak of the "Azamat'' Party was stabbed on February 7. Fortunate to survive, he said his attackers told him to "deliver their message to the head of his political party.'' On March 1, Ms. Gulzhan Yergalieva, the Deputy Head of the opposition "People's Congress of Kazakhstan'' and a well-known journalist, was--along with her husband and son--attacked and robbed in her home. Prior to these incidents, both opposition parties strongly criticized the Kazakh Government's running of an electoral reform working group. In late February, Alexandr Shushannikov, the chairman of the East Kazakhstan branch of the "Lad'' Slavic Movement, was beaten by unknown assailants in the town of Ust-Kamenogorsk. Less violent harassment of the opposition has continued unabated. Amirzhan Kosanov, the Acting Head of the Executive Committee of the opposition Republican People's Party of Kazakhstan (RNPK), found threatening graffiti in the stairwells of his apartment building, on the doors of his apartment, and on neighboring buildings on March 17. Later that night, hooligans threw rocks at the windows of the apartment of Almira Kusainova, the RNPK's Press Secretary. In one case, a large rock shattered one of the windows. To add insult to injury, Mr. Kosanov has been barred from leaving Kazakhstan. He is the former Press Secretary of Akezhan Kazhegeldin, Kazakhstan's former Prime Minister and now the exiled head of the RNPK. Claiming Mr. Kosanov had access to "state secrets,'' the authorities have confiscated his passport--even though he had left Kazakhstan many times before. To round out the campaign against Mr. Kosanov, a series of articles and reports in pro-government media have accused him of adultery and pedophilia. In addition, Pyotr Afanasenko and Satzhan lbrayev, two RNPK members who were Mr. Kazhegeldin's bodyguards, were sentenced in April 2000 to three years in prison for a weapons offense; an appeals court upheld the convictions. The OSCE Center in Almaty has stated that it considers the charges to be political in nature. Moreover, these two individuals, as former members of the security forces, should be in special prisons instead of being incarcerated among the general prison population, where they are in danger. Along with the targeting of opposition activists, the ongoing crackdown on freedom of the press has continued. Most media outlets have long been under the direct or indirect control of Mr. Bapi, who was sentenced to one year in jail and ordered to pay $280 in court expenses, was immediately pardoned under a presidential amnesty. Still, his conviction remains on the books, which will prevent him from traveling abroad, among other restrictions. Mr. Bapi is appealing the verdict. As for Mr. Gabdullin, the prosecutor's office issued a press release on April 6 stating that it had dropped the case against him due to "the absence of [a] crime,'' although his newspaper has not yet received formal confirmation. While both editors are currently at liberty, as the Committee to Protect Journalists (CPJ) points out, their newspapers cannot publish in Kazakhstan because local printers will not risk angering local officials. In an April 17 letter to President Nazarbaev, CPJ concluded that "we remain deeply concerned about your government's frequent use of politically-motivated criminal charges to harass opposition journalists'' and called on him "to create an atmosphere in which all journalists may work without fear of reprisal.'' Apart from intimidating individual journalists and publications, Kazakhstan's authorities have taken legal action to restrict freedom of speech. The country's Senate on April 17 approved a draft media law that limits the retransmission of foreign programs and will also subject Internet web pages to the same controls as print media. Moreover, media outlets can be held responsible for news not obtained from official sources. In other words, if the New York Times or CNN runs stories Kazakhstan's leadership finds distasteful, Kazakh media outlets risk legal sanction for re-running those reports. Considering the ongoing investigations by the U.S. Department of Justice into high-level corruption in Kazakhstan, it is easy to draw inferences about what kinds of stories the authorities would eagerly spike. Indeed, although Mr. Gabdullin and Bapi were formally prosecuted for articles in their newspapers, both had also previously signed an open letter, published in the January 15 edition of Roll Call, expressing their support for the investigation. Mr. Speaker, Kazakh authorities have also stepped up harassment of NGOs. The OSCE Center in Almaty, the Washington-based National Democratic Institute (NDI), and Internews-Kazakhstan had jointly organized public forums in 9 regions of Kazakhstan to educate local citizens, media, and interested parties about the proposed amendments to the media law. After the law's passage, local organizers of these Forums on Mass Media were called in to the Procuracy for "conversations.'' Other government agencies which took part in this intimidation were the Tax Police and the Financial Police. According to OSCE sources, the authorities offered local NGOs "friendly'' advice about not working with the OSCE and NDI. In Atyrau, one NGO contacted by the Financial Police did not even participate in these forums but that did not stop the police from sending a written request. Finally, Mr. Speaker, to round out a very depressing picture, Kazakhstan's parliament is reportedly working towards the adoption of amendments to the law on religion that will severely limit freedom of conscience. The draft provisions would require at least 50 members for a religious association to be registered (the law currently requires 10). In order to engage in "missionary activity,'' which would involve merely sharing religious beliefs with others, individuals--citizens or not--would have to be registered with the government, and religious activity would be permitted only at the site of a religious organization, which could bar meetings in rented facilities or even private homes. Violation of these provisions could lead to a sentence of one-year in prison or even two years of ``corrective labor,'' and to the closing of religious organizations. These draft amendments to the religion law were introduced in Kazakhstan's parliament in early April. According to the U.S. Embassy in Almaty, no date has been scheduled for discussion of the legislation though it is expected the measure will be considered before the current session ends in June. The U.S. Government, the OSCE, and other international agencies have expressed concern about the possible restriction of religious liberty, and there is reason to fear the worst. In recent months, the attitude underlying these draft amendments has already had a real impact on believers. American citizens who did humanitarian work in several cities in Kazakhstan have been harassed, intimidated and eventually deported. The formal cause of their expulsion was violation of administrative regulations but one official told an American the real reason was because they were Christians. In one particularly brutal, ugly case, Americans who had been told to leave the country were preparing to do so when the authorities brought them back from the airport so they could be videotaped for TV broadcasts portraying them as engaging in various sorts of subversive activities. An American family preparing to leave Ust-Kamenorgorsk was harassed by a Kazakh security official who threatened to spend the entire night in their tiny apartment to make sure they left. It took several hours before he could be persuaded to leave, despite the fact that his presence was frightening a pregnant American woman. Jehovah's Witnesses have also reported stepped-up harassment and intimidation. Over the past few months, central and local media have been attacking Jehovah's Witnesses, who are depicted as religious extremists. In one bizarre case, according to the Witnesses, a television station broadcast video footage of Islamic terrorists, who were described as Jehovah's Witnesses, as well as footage of a police raid on a meeting held in a private home. Kazakhstan's new Administrative Violation Code, which went into effect in February, allows the suspension or prohibition of religious organizations for evading registration or for violating assembly rules. This has already been used to suspend the activity of a group of Jehovah's Witnesses in Kyzyl-Orda. A similar case is pending in Taraz. Just today, May 16, Keston News Service reports that authorities have declared a Baptist church in the town of Kulsary (Atyrau region) illegal and ordered it to stop all meetings, claiming that it may not function until it is registered. In fact, Kazakh law does not ban activity by religious communities without registration, but the regional prosecutor upheld the ban. Church leaders intend to appeal the decision, but local lawyers are afraid to take such a case. Keston further reports that on April 10, the authorities in Kyzylorda fined a Baptist church 7,750 tenge (about $53) and suspended its activities until it obtains registration. In February, police had raided a Kazakh-language service at that church, demanding that participants show their identity documents and write statements about the gathering. They confiscated religious writings in Kazakh and Russian, and took five people, including the leader of the service, Erlan Sarsenbaev, to the police station. According to the Baptists, the police told them "During the Soviet times, believers like you were shot. Now you are feeling at peace, but we will show you.'' When Sarsenbaev refused to write a statement, police officers "began to hit him on his neck, abdomen and head with a plastic bottle filled with water.'' Finally, they forged his signature, and wrote the statement on his behalf. As President Bush recently said, "the newly independent republics of Central Asia impose troubling limits on religious expression and missionary work.'' This trend in Kazakhstan is especially disturbing because despite the consistent consolidation of presidential power and general crackdown on opposition and dissent, relative religious freedom had been one of the bright spots. It seems this bright spot is about to disappear. Mr. Speaker, a few weeks ago, Erlan Idrisov, Minister of Foreign Affairs of Kazakhstan, visited Washington. In his public speaking engagements, he focused on Kazakhstan's emphasis on stability and its desire for good relations with its neighbors. These are understandable priorities which the United States has every reason to support. But Minister Idrisov simply discounted charges of human rights problems, arguing on May 2 at the Carnegie Endowment that the above-mentioned Washington Post editorial is "not the final word'' on the human rights situation in his country. Minister Idrisov may disagree with any Washington Post editorial, if he likes. But when you consider many other sources, such as the State Department's report on human rights practices, the Committee to Protect Journalists (which last year named President Nazarbaev one of the world's ten worst enemies of the media), and the OSCE Center in Almaty, the overall impression is clear and indisputable. Despite official Kazakh claims about progress, the human rights situation is poor and threatens to get worse. If President Nazarbaev wants to change that impression and convince people that he is sincere about wanting to democratize his country, he must take concrete steps to do so. The time is long past when we could take his assurances at face value.  

  • Attacks on Places of Worship in the Balkans

    Mr. Speaker, news reports from Bosnia and Kosovo earlier this month give reason to despair. First, in Bosnia-Herzegovina, about 30 people were injured and property was damaged during riots in the "Republika Srpska'' cities of Trebinje on May 5 and Banja Luka on May 7. Islamic leaders, Bosnian officials and representatives of the international community were attacked during ceremonies to lay the first stones of mosques being rebuilt where mosques destroyed by Serb militants in 1993 once stood. We remember well, hundreds of mosques were destroyed during the war as part of the genocidal campaign of ethnic cleansing. The apparent purpose was to erase the cultural vestiges of the Bosniac population which was terrorized and forced to flee. It was not uncommon for the local ethnic Serbs subsequently to deny a mosque had ever existed, once the rubble had been cleared away. The famous Ferhadija mosque in Banja Luka built in 1583 was blown to bits on May 7, 1993. The ceremony exactly eight years later was the culmination of persistent efforts, including the Helsinki Commission which I co-chair, to get Republika Srpska leaders to permit the reconstruction of destroyed mosques, which they finally did this year. The riots last week demonstrate the continued intolerance in the region. Moreover, while Bosnian Serb officials have officially condemned the incidents, there are indications that both the Trebinje and Banja Luka events were orchestrated and perhaps linked. In Trebinje, the police force seemed simply to be not adequate. In Banja Luka, though, some believe that the police forces may have been involved in plans to disrupt the ceremonies. Radovan Karadzic, the wartime Bosnian Serb leader who has been indicted for genocide but remains at large, is alleged to have been responsible. Meanwhile, in Kosovo on May 6, local Albanians threw stones breaking windows and the doors of the Serbian Orthodox Church of St. Dimitrije in the village of Susica. Damage was done inside, and some cash offering was stolen. This was only the most recent in a wave of attack since the end of the conflict in Kosovo in 1999 in which about one hundred Orthodox churches have been damaged or destroyed. Many of these incidents have been documented by Serbian Orthodox Bishop Artemije in testimony before the Helsinki Commission. Mr. Speaker, there are signs that in Kosovo, too, these attacks are not spontaneous acts of intolerance. Unfortunately, it seems that an environment has been created in which such acts of violence are not discouraged, let alone thwarted. Mr. Speaker, attacks on places of worship are reprehensible, no matter what the faith, no matter what the ethnicity of the worshipers. These sites are sacred to believers, and important as cultural symbols even to many who are not. Orchestrated or spontaneous, these attacks must be stopped. The international presence, including peacekeeping forces, local law enforcement, political leaders, and religious figures across faiths must be part of the solution, not the problem. I was particularly disappointed with the response of Yugoslav President Vojislav Kostunica, who, while criticizing those who engaged in violence, sought to place some of the blame on those working to rebuild the mosques in Republika Srpska. He was quoted as saying that some churches and mosques should not be rebuilt because they might provoke such incidents. Blaming the victim, sadly, has become a norm in the minds of too many who could and should, instead, be champions of justice. In conclusion, Mr. Speaker, let us remember that freedom of thought, religion and belief is a fundamental human right, and attacks on religious sites are attacks on that right, attacks that must be wholeheartedly condemned and hopefully prevented from happening again.  

  • The Moscow Helsinki Group

    Mr. President, May 12th marks the twenty-fifth anniversary of the founding of one of the most significant human rights groups of the 20th century, the Moscow Group to Monitor Implementation of the Helsinki Final Act. On August 1, 1975, the United States, Canada, and thirty-three nations of Europe, including the Soviet Union, signed the Final Act of the Conference on Security and Cooperation in Europe, the Helsinki Final Act. Among the agreement's provisions was a section devoted to respect for human rights and fundamental freedoms. The Soviet government viewing the document as a great foreign policy victory published the text, in its entirety, in “Pravda,” the Communist Party's widely circulated newspaper. That move proved to be decisive for the cause of human rights in the Soviet Union. A small group of human rights activists in Moscow, led by Professor Yuri Orlov, read the Helsinki Accords carefully and decided to take their government at its word. On May 12, 1976, at a press conference initiated by Dr. Andrei Sakharov, the group announced the creation of the “Moscow Group for Assistance in Implementation of Helsinki Agreements,” soon to be known simply as the Moscow Helsinki Group.   Needless to say, the Soviet authorities were not pleased that a group of private citizens would publicize their government's deplorable human rights record. The KGB swept down on the Moscow Helsinki Group and made its work almost impossible. Members were imprisoned, sent to “internal exile,” expelled from the country, slandered as foreign agents, and harassed. Despite considerable hardship and risks, members of the group persisted and their work served to inspire others to speak out in defense of human rights. Soon similar groups sprang up elsewhere in the Soviet Union dedicated to seeking implementation of the Helsinki Final Act. By 1982, the three remaining members at liberty in Moscow were forced to suspend their public activities.   Eventually, domestic and international pressure began to bear fruit and helped usher in dramatic changes under Soviet leader Mikhail Gorbachev. Political prisoners and prisoners of conscience began to be freed and longstanding human rights cases were resolved. In 1989, the Moscow Helsinki Group was reestablished by former political prisoners and human rights activists. In 1996, President Boris Yeltsin signed a decree formally recognizing the contribution of the Moscow Helsinki Group in the campaign to promote respect for human rights in Russia. Mr. President, ten years after the fall of the Soviet Union, the Moscow Helsinki Group continues to promote human rights and fundamental freedoms in the Russian Federation. Working with a network of human rights centers throughout the country, the Moscow Group provides a wide range of assistance to Russian citizens and residents seeking information about human rights. As Chairman of the Commission on Security and Cooperation, I congratulate the Moscow Helsinki Group on its 25th anniversary and wish its members the best in their continued endeavors. Thank you, Mr. President. I yield the floor.

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