Title

Helsinki Commission Chair Welcomes Release of Leyla Yunus as “First Step”

Wednesday, December 09, 2015

WASHINGTON–Following today’s announcement that the Azerbaijani government has released human rights defender Leyla Yunus from custody due to her ill health, Representative Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement:

“The long-overdue release of Leyla Yunus from prison to house arrest is a welcome first step—but only a first step.  The Government of Azerbaijan must go further and now make immediate arrangements for her medical treatment. Leyla and her husband Arif are gravely ill and it is the responsibility of the government, which persecuted and imprisoned them unjustly, to see that they have top-quality care. Furthermore, the spurious charges against Leyla and Arif must be dropped and the Yunuses permitted to resume their peaceful efforts on behalf of human rights in Azerbaijan.”

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Stacy Hope
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  • OSCE PA Delegation Trip Report

    Mr. President, I take this opportunity to provide a report to my colleagues on the successful congressional delegate trip last week to St. Petersburg, Russia, to participate in the Eighth Annual Parliamentary Assembly Session of the Organization for Security and Cooperation in Europe, known as the OSCE PA. As Co-chairman of the Helsinki Commission, I headed the Senate delegation in coordination with the Commission Chairman, Congressman Chris Smith. THE PARLIAMENTARY ASSEMBLY This year's congressional delegation of 17 members was the largest representation by any country at the proceedings and was welcomed as a demonstration of continued U.S. commitment to security in Europe. Approximately 300 parliamentarians from 52 OSCE participating states took part in this year's meeting of the OSCE Parliamentary Assembly. My objectives in St. Petersburg were to advance American interests in a region of vital security and economic importance to the United States; to elevate the issues of crime and corruption among the 54 OSCE countries; to develop new linkages for my home state of Colorado; and to identify concrete ways to help American businesses. CRIME AND CORRUPTION The three General Committees focused on a central theme: "Common Security and Democracy in the Twenty-First Century." I served on the Economic Affairs, Science, Technology and the Environment Committee which took up the issue of corruption and its impact on business and the rule of law. I sponsored two amendments that highlighted the importance of combating corruption and organized crime, offering concrete proposals for the establishment of high-level inter-agency mechanisms to fight corruption in each of the OSCE participating states. My amendments also called for the convening of a ministerial meeting to promote cooperation among these states to combat corruption and organized crime. My anti-corruption amendment was based on the premise that corruption has a negative impact on foreign investment, on human rights, on democracy building and on the rule of law. Any investor nation should have the right to expect anti-corruption practices in those countries in which they seek to invest. Significant progress has been made with the ratification of the new OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Under the OECD Convention, companies from the leading exporting nations will have to comply with certain ethical standards in their business dealings with foreign public officials. And, last July, the OSCE and the OECD held a joint conference to assess ways to combat corruption and organized crime within the OSCE region. I believe we must build on this initiative, and offered my amendment to urge the convening of a ministerial meeting with the goal of making specific recommendations to the member states about steps which can be taken to eliminate this primary threat to economic stability and security and major obstacle to U.S. businesses seeking to invest and operate abroad. My anti-crime amendment was intended to address the negative impact that crime has on our countries and our citizens. Violent crime, international crime, organized crime and drug trafficking all undermine the rule of law, a healthy business climate and democracy building. This amendment was based on my personal experiences as one of the only members of the United States Senate with a law enforcement background and on congressional testimony that we are witnessing an increase in the incidence of international crime, and we are seeing a type of crime which our countries have not dealt with before. During the opening Plenary Session on July 6, we heard from the Governor of St. Petersburg, Vladimir Yakolev, about how the use of drugs is on the rise in Russia and how more needs to be done to help our youth. On July 7, I had the opportunity to visit the Russian Police Training Academy at St. Petersburg University and met with General Victor Salnikov, the Chief of the University. I was impressed with the General's accomplishments and how many senior Russian officials are graduates of the university, including the Prime Minister, governors, and members of the Duma. General Salnikov and I discussed the OSCE's work on crime and drugs, and he urged us to act. The General stressed that this affects all of civilized society and all countries must do everything they can to reduce drug trafficking and crime. After committee consideration and adoption of my amendments, I was approached by Senator Jerry Grafstein from Canada who indicated how important it was to elevate the issues of crime and corruption in the OSCE framework. I look forward to working with Senator Grafstein and other parliamentarians on these important issues at future multilateral meetings. CULTURAL LINKAGES WITH COLORADO St. Petersburg is rich in culture and educational resources. This grand city is home to 1,270 public, private and educational libraries; 181 museums of art, nature, history and culture; 106 theaters; 52 palaces; and 417 cultural organizations. Our delegation visit provided an excellent opportunity to explore linkages between some of these resources with the many museums and performing arts centers in Colorado. On Thursday, July 8, I met with Tatyana Kuzmina, the Executive Director for the St. Petersburg Association for International Cooperation, and Natalia Koltomova, Senior Development Officer for the State Museum of the History of St. Petersburg. We learned that museums and the orchestras have exchanges in New York, Michigan and California. Ms. Kuzmina was enthusiastic about exploring cultural exchanges with Denver and other communities in Colorado. I look toward to following up with her, the U.S. Consulate in St. Petersburg, and leaders in the Colorado fine arts community to help make such cultural exchanges a reality. As proof that the world is getting smaller all the time, I was pleasantly surprised to encounter a group of 20 Coloradans on tour. In fact, there were so many from Grand Junction alone, we could have held a Town Meeting right there in St. Petersburg! In our conversations, it was clear we shared the same impressions of the significant potential that that city has to offer in future linkages with Colorado. I ask unanimous consent that a list of the Coloradans whom I met be printed in the Record following my remarks. HELPING AMERICAN BUSINESSES In the last Congress, I introduced the International Anti-Corruption Act of 1997 (S. 1200) which would tie U.S. foreign aid to how conducive foreign countries are to American businesses and investment. As I prepare to reintroduce this bill in the 106th Congress and to work on combating crime and corruption within the OSCE framework, I participated in a meeting of U.S. business representatives on Friday, July 9, convened by the Russian-American Chamber of Commerce, headquartered in Denver. We were joined by my colleagues, Senator Kay Baily Hutchison, Senator George Voinovich and my fellow Coloradan, Congressman Tom Tancredo. We heard first-hand about the challenges of doing business in Russia from representatives of U.S. companies, including Lockheed Martin Astronautics, PepsiCo, the Gillette Company, Coudert Brothers, and Colliers HIB St. Petersburg. Some issues, such as export licensing, counterfeiting and corruption are being addressed in the Senate. But, many issues these companies face are integral to the Russian business culture, such as taxation, the devaluation of the ruble, and lack of infrastructure. My colleagues and I will be following up on ways to assist U.S. businesses and investment abroad. In addition, on Wednesday, July 7, I participated in a meeting at the St. Petersburg Investment Center. The main focus of the meeting was the presentation of a replica of Fort Ross in California, the first Russian outpost in the United States, to the Acting U.S. Consul General on behalf of the Governor of California. We heard from Anatoly Razdoglin and Valentin Makarov of the St. Petersburg Administration; Slava Bychkov, American Chamber of Commerce in Russia, St. Petersburg Chapter; Valentin Mishanov, Russian State Marine Archive; and Vitaly Dozenko, Marine Academy. The discussion ranged from U.S. investment in St. Petersburg and the many redevelopment projects which are planned or underway in the city. CRIME AND DRUGS As I mentioned, on Wednesday, July 7, I toured the Russia Police Training Academy at St. Petersburg University and met with General Victor Salnikov, the Chief of the University. This facility is the largest organization in Russia which prepares law enforcement officers and is the largest law institute in the country. The University has 35,000 students and 5,000 instructors. Among the law enforcement candidates, approximately 30 percent are women. The Police Training Academy has close contacts with a number of countries, including the U.S., France, Germany, the United Kingdom, Finland, Israel and others. Areas of cooperation include police training, counterfeiting, computer crimes, and programs to combat drug trafficking. I was informed that the Academy did not have a formal working relationship with the National Institute of Justice, the research and development arm of the U.S. Department of Justice which operates an extensive international information-sharing program. I intend to call for this bilateral linkage to facilitate collaboration and the exchange of information, research, and publications, which will benefit law enforcement in both countries that fight crime and drugs. U.S.-RUSSIA RELATIONS In addition to the discussions in the plenary sessions of the OSCE Parliamentary Assembly, we had the opportunity to raise issues of importance in a special bilateral meeting between the U.S. and Russia delegations on Thursday morning, July 8. Members of our delegation raised issues including anti-Semitism in the Duma, developments in Kosovo, the case of environmental activist Aleksandr Nikitin, the assassination of Russian Parliamentarian Galina Starovoitova, and the trafficking of women and children. As the author of the Senate Resolution condemning anti-Semitism in the Duma (S. Con. Res. 19), I took the opportunity of this bilateral session to let the Russian delegation, including the Speaker of the State Duma, know how seriously we in the United States feel about the importance of having a governmental policy against anti-Semitism. We also stressed that anti-Semitic remarks by their Duma members are intolerable. I look forward to working with Senator HELMS to move S. Con. Res. 19 through the Foreign Relations Committee to underscore the strong message we delivered to the Russians in St. Petersburg. We had the opportunity to discuss the prevalence of anti-Semitism and the difficulties which minority religious organizations face in Russia at a gathering of approximately 100 non-governmental organizations (NGOs), religious leaders and business representatives, hosted by the U.S. Delegation on Friday, July 9. We heard about the restrictions placed on religious freedoms and how helpful many American non-profit organizations are in supporting the NGO's efforts. I am pleased to report that the U.S. Delegation had a significant and positive impact in advancing U.S. interests during the Eighth OSCE Parliamentary Assembly Session in St. Petersburg. To provide my colleagues with additional information, I ask unanimous consent that my formal report to Majority Leader Lott be printed in the Record following my remarks. Exhibit No. 1 Coloradans in St. Petersburg, Russia Iva Allen, Grand Junction. Kay Coulson, Grand Junction. Inez Dodson, Grand Junction. Isabel Downing, Grand Junction. Terry Eakle, Greeley. Betty Elliott, Grand Junction. Dorothy Evans, Grand Junction. Kay Hamilton, Grand Junction. Helen Kauffman, Grand Junction. Nancy Koos, Denver. Dick and Jay McElroy, Grand Junction. Lyla Michaels, Glenwood Springs. Carol Mitchell, Grand Junction. Neal and Sonya Morris, Grand Junction. Pat Oates, Grand Junction. Kawna Safford, Grand Junction. Phyllis Safford , Grand Junction. Dorothy Smith, Grand Junction. Irene Stark, Montrose.   Exhibit No. 2 COMMISSION ON SECURITY AND COOPERATION IN EUROPE Washington, DC July 14, 1999 Hon. TRENT LOTT Majority Leader United States Senate Washington, DC Dear Senator Lott: I am pleased to report to you on the work of the bipartisan congressional delegation which I co-chaired that participated in the Eighth Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE), hosted by the Russian Parliament, the Federation Council and the State Duma, in St. Petersburg, July 6-10, 1999. Other participants from the United States Senate were Senator Hutchison of Texas and Senator Voinovich. We were joined by 14 Members of the House: Rep. Smith, Rep. Hoyer, Rep. Sabo, Rep. Kaptur, Rep. Cardin, Rep. Sawyer, Rep. Slaughter, Rep. Stearns, Rep. Tanner, Rep. Danner, Rep. Hastings of Florida, Rep. Salmon, Rep. Cooksey, and Rep. Tancredo. The combined U.S. delegation of 17, the largest representation by any country in St. Petersburg was welcomed by others as a demonstration of the continued commitment of the United States, and the U.S. Congress, to Europe. This year's Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States. Seven countries, including the Russian Federation, were represented at the level of Speaker of Parliament or President of the Senate. The Assembly continued to recognize the democratically elected parliament of Belarus which President Lukashenka dissolved following his illegal power grab in 1996. The inaugural ceremony included a welcoming address by the Speaker of the State Duma, Gennady Seleznev, and the Governor of St. Petersburg, Vladimir Yakovlev. The President of the Assembly, Ms. Helle Degn of Denmark, presided. The theme for the St. Petersburg Assembly was “Common Security and Democracy in the Twenty-First Century.” Foreign Minister Knut Vollenback of Norway addressed the Assembly in his capacity of OSCE Chairman-in-Office to report on the organization's activities, particularly those relating to post-conflict rehabilitation and reconstruction in Kosovo. Vollenbaek urged the Parliamentary Assembly and its members to play an active role in promoting human rights, democracy, and the rule of law in Kosovo. Considerable attention was given to the Stability Pact for Southeastern Europe throughout the discussions on Kosovo. Members of the U.S. delegation actively participated in a special plenary session on Kosovo and contributed to a draft resolution concerning the situation in Kosovo. The delegation was successful in securing adoption of several amendments; underscoring the legal obligation of State to cooperate with the International Tribunal for the Former Yugoslavia; granting access to all prisoners by the International Committee on the Red Cross; extending humanitarian assistance to other parts of the Federal Republic of Yugoslavia; and supporting democracy in Serbia and Montenegro. Senator Voinovich introduced a separate resolution stressing the urgent need to support infrastructure projects which would benefit neighboring countries in the Balkans region. This resolution was widely supported and adopted unanimously. Work in the Assembly's three General Committee: Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions, focused on the central theme: “Common Security and Democracy in the Twenty-First Century.” During discussion in the General Committee on Political Affairs and Security, the U.S. pressed for greater transparency with respect to OSCE activities in Vienna, urging that meetings of the Permanent Council be open to the public and media. Considerable discussion focused on the Assembly's long-standing recommendation to modify the consensus rule that governs all decisions taken by the OSCE. During the closing session Rep. Hastings was unanimously elected committee Vice Chairman. Members offered several amendments to the draft resolution considered by the General Committee on Economic Affairs, Science, Technology and Environment. Two amendments that I sponsored focused on the importance of combating corruption and organized crime, offering concrete proposals for the establishment of high-level inter-agency corruption-fighting mechanisms in each of the OSCE participating States as well as the convening of a ministerial meeting to promote cooperation among these States to combat corruption and organized crime. Other amendments offered by the delegation, and adopted, highlighted the importance of reform of the agricultural sector, bolstering food security in the context of sustainable development, and regulation of capital and labor markets by multilateral organizations. The Rapporteur's report for the General Committee on Democracy, Human Rights and Humanitarian Questions focused on the improvement of the human rights situation in the newly independent states. Amendments proposed by the U.S. delegation, and adopted by the Assembly, stressed the need for participating States to fully implement their commitments to prevent discrimination on the grounds of religion or belief and condemned statements by parliamentarians of OSCE participating States promoting or supporting racial or ethnic hatred, anti-Semitism and xenophobia. Other U.S. amendments that were adopted advocated the establishment of permanent Central Election Commissions in emerging democracies and emphasized the need for the Governments of the OSCE participating States to act to ensure that refugees and displaced persons have the right to return to their homes and to regain their property or receive compensation. Two major U.S. initiatives in St. Petersburg were Chairman Smith's resolution on the trafficking of women and children for the sex trade and Rep. Slaughter's memorial resolution on the assassination of Galina Starovoitova, a Russian parliamentarian and an outspoken advocate of democracy, human rights and the rule of law in Russia who was murdered late last year. The trafficking resolution appeals to participating States to create legal and enforcement mechanisms to punish traffickers while protecting the rights of the trafficking victims. The resolution on the assassination called on the Russian Government to use every appropriate avenue to bring Galina Starovoitova's murders to justice. Both items received overwhelming support and were included in the St. Petersburg Declaration adopted during the closing plenary. An ambitious series of bilateral meetings were held between Members of the U.S. delegation and representatives from the Russian Federation, Ukraine, Turkey, France, Romania, Kazakhstan, Uzbekistan, Armenian, Canada, and the United Kingdom. While in St. Petersburg, the delegation met with Aleksandr Nikitin, a former Soviet navy captain being prosecuted for his investigative work exposing nuclear storage problems and resulting radioactive contamination in the area around Murmansk. In addition, the delegation hosted a reception for representatives of non-governmental organizations and U.S. businesses active in the Russian Federation. Elections for officers of the Assembly were held during the final plenary. As. Helle Degn of Denmark was re-elected President. Mr. Bill Graham of Canada was elected Treasurer. Four of the Assembly's nine Vice-Presidents were elected: Mr. Claude Estier (France), Mr. Bruce George (U.K.), Mr. Ihor Ostach (Ukraine), and Mr. Tiit Kabin (Estonia). Rep Hoyer's current term as Vice-President runs through 2001. Enclosed is a copy of the St. Petersburg Declaration adopted by participants at the Assembly's closing session. Finally, the Standing Committee agreed that the Ninth Annual Session of the OSCE Parliamentary Assembly will be held next July in Bucharest, Romania. Sincerely, Ben Nighthorse Campbell, U.S.S., Co-Chairman

  • The Sex Trade: Trafficking of Women and Children in Europe and the United States

    This Commission examined an escalating human rights problem in the OSCE region: the trafficking of women and children for the purpose of sexual exploitation. Trafficking in human beings is a form of modern-day slavery. When a woman or child is trafficked or sexually exploited by force, fraud, or coercion for commercial gain, she is denied the most basic human rights enumerated in the Universal Declaration of Human Rights and numerous international human rights agreements. Although trafficking has been a problem for many years in Asian countries, it was not until the end of communism in East-Central Europe and the break-up of the Soviet Union that a sex trade in the OSCE region began to develop. The hearing looked into the U.S. and the global response to this appalling human challenge and what else could be done to address it.

  • Constitutional Impasse Continues in Belarus

    Mr. Speaker, on May 16, the alternative Presidential election concluded in Belarus within the timeframe envisioned by the legitimate 1994 Constitution. While the opposition Central Election Commission (CEC) concluded that the final results of the voting were invalid because of various violations deriving from the impediments placed by Belarusian authorities, the ballot served as an important barometer of democratic engagement by the citizens of Belarus. In the months leading up to the election, President Alyaksandr Lukashenka had imprisoned one of the two Presidential candidates, former Prime Minister Mikhail Chygir, on what were clearly politically motivated charges, arrested hundreds of election officials and volunteers, and instituted administrative proceedings against others. Nevertheless, the authorities were unable to thwart the election in at least one critically important respect, according to the opposition CEC, the voting itself was valid because more than half, or 53 percent of the electorate, participated. When one considers that these were unsanctioned elections that challenged Lukashenka's legitimacy, this is a substantial number of people. No matter what the imperfections, Mr. Speaker, the opposition's electoral initiative should send a powerful message to Lukashenka. Clearly, an appreciable number of Belarusian citizens are dissatisfied with the profoundly negative political and socio-economic fallout stemming from his dictatorial inclinations and misguided nostalgia for the Soviet past or some misty “Slavic Union.” The vote highlights the constitutional and political impasse created by Lukashenka's illegitimate 1996 constitutional referendum, in which he extended his personal power, disbanded the duly elected 13th Supreme Soviet, and created a new legislature and constitutional court subservient to him. Last month, the Commission on Security and Cooperation in Europe (Helsinki Commission), which I chair, held a hearing on the situation in Belarus, with a view toward promoting human rights and democracy there. Testimony from the State Department, OSCE mission in Belarus, the Belarusian democratic opposition and several human rights NGOs all reaffirmed that Belarus is missing out on what one witness characterized as “the great market democratic revolution that is sweeping Central and Eastern Europe and Eurasia” because of Lukashenka's power grab and backsliding on human rights and democracy. Despite repeated calls from the international community, including the Helsinki Commission, for Lukashenka to cease harassment of the opposition, NGO's and the independent media; allow the opposition access to the electronic media; create the conditions for free and fair elections and strengthen the rule of law, we have failed to see progress in these areas. Indeed, we see more evidence of reversals. Earlier this year, for example, Lukashenka signed a decree which introduces extensive restrictions on non-governmental activity and mandates re-registration, by July 1, of political parties, NGOs and trade unions. The decree, which among other onerous stipulations requires that organizations acknowledge the results of Lukashenka's illegitimate 1996 referendum, is clearly designed to destroy democratic civil society in Belarus and further consolidate Lukashenka's repressive rule. Moreover, within the last few months, several disturbing incidents have occurred, among them the March arrests of Viktor Gonchar, Chairman of the opposition CEC, and the Chygir imprisonment, as well as the mysterious disappearances of Tamara Vinnikova, former chair of the National Bank of Belarus and, on May 10, Gen. Yuri Zakharenko, former Interior Minister and a leading opponent of Lukashenka. Just a few days ago, Lukashenka's government announced that no more foreign priests will be allowed to serve in Belarus, making it extremely difficult for the Roman Catholic Church, which is rebuilding following the travails of the Soviet era, to function. Mr. Speaker, I strongly urge the Belarusian Government to comply with its freely undertaken commitments under the Helsinki Final Act and subsequent OSCE agreements and to immediately, without preconditions, convene a genuine dialog with the country's democratic forces and with the long-suffering Belarusian people.

  • The State of Human Rights and Democracy in Kazakhstan

    Commission Chairman Christopher Smith presided over a hearing on the status of democratization and human rights in Kazakhstan following the country's presidential election in January of 1999. The election, which saw the victory of incumbent presient Nursultan Nazarbayev, was strongly criticsed by the OSCE, which stated that it had fallen "far short" of meeting OSCE commitments. Ross Wilson, Principal Deputy to the Ambassador At-Large, noted that opposition figures were beaten, arrested, and convicted for attending political meetings. Independent media organizations were bought out, silenced, and in extreme cases firebombed by allies of President Nazarbayev. Finally, a new law barred candidates who had been conviced of administrative violations from running for president. Akezhan Kazhegeldin, former prime minister of Kazakhstan and leading opposition member in the election, noted in his testimony that he was barred from running in the election due to this law. Bolat Nurgaliev, Ambassador of Kazakhstan to the United States, acknowledged "imperfections" in the state of Kazakhstan's political system, but defended the legal and ethical credentials of the election. The hearing concluded by offering a set of recommendations calling for the abolition of laws restricting opposition members from running, improved anti-corruption legislation, and greater press freedom.      

  • Condemning the Murder of Rosemary Nelson and Urging Protection of Defense Attorneys in Northern Ireland

    Mr. Speaker, I rise to introduce a bipartisan resolution which condemns the brutal murder of Northern Ireland defense attorney Rosemary Nelson and calls on the British Government to launch an independent inquiry into Rosemary's killing. The resolution also calls for an independent judicial inquiry into the possibility of official collusion in the 1989 murder of defense attorney Patrick Finucane and an independent investigation into the general allegations of harassment of defense attorneys by Northern Ireland's police force, the Royal Ulster Constabulary (RUC). I am pleased that Mr. Gilman, Mr. King, Mr. Crowley, Mr. Payne, and Mr. Menendez are original sponsors of this resolution.   Mr. Speaker, Rosemary Nelson was a champion of due process rights and a conscientious and courageous attorney in Northern Ireland. She was the wife of Paul Nelson and the mother of three young children: Christopher (13), Gavin (11), and Sarah (8). Her murder was a cowardly act by those who are the enemies of peace and justice in Northern Ireland. Her death is a loss felt not just by her family and friends, but by all of us who advocate fundamental human rights.   I first met Rosemary Nelson in August, 1997, when she shared with me her genuine concern for the administration of justice in Northern Ireland. She explained how, as an attorney, she has been physically and verbally assaulted by RUC members and how the RUC sent messages of intimidation to her through her clients. Many of her clients were harassed as well. Notwithstanding these threats, Rosemary Nelson still carried an exhaustive docket which included several high profile political cases. She became an international advocate for the rule of law and the right of the accused to a comprehensive defense and an impartial hearing. She also worked hard to obtain an independent inquiry into the 1989 murder of defense attorney of Patrick Finucane. For this, Rosemary Nelson was often the subject of harassment and intimidation. For her service to the clients, on March 15, 1999, Rosemary Nelson paid the ultimate price with her life, the victim of a car bomb.   Last September, 1988, Rosemary testified before the subcommittee I chair, International Operations and Human Rights. She told us she feared the RUC. She reported that she had been “physically assaulted by a number of RUC officers” and that the RUC harassment included, “at the most serious, making threats against my personal safety including death threats.” She said she had no confidence in receiving help from her government because, she said, in the end her complaints about the RUC were investigated by the RUC. She also told us that no lawyer in Northern Ireland can forget what happened to Pat Finucane, nor can they dismiss it from their minds.   She said one way to advance the protection of defense attorneys would be the establishment of an independent investigation into the allegations of collusion in his murder. Despite her testimony and her fears, the British government now wants to entrust the investigation of Rosemary Nelson's murder to the very agency she feared and mistrusted most, the RUC. Instead, I believe that in order for this investigation to be beyond reproach, and to have the confidence and cooperation of the Catholic community that Rosemary Nelson adeptly represented, it must be organized, managed, directed and run by someone other than the RUC. It just begs the question as to whether or not we can expect a fair and impartial investigation when the murder victim herself had publicly expressed deep concern about the impartiality of RUC personnel.   Mr. Speaker, the major international human rights groups, including Amnesty International, Lawyers Committee for Human Rights , British/Irish Human Rights Watch Committee for the Administration of Justice, and Human Rights Watch have all called for an independent inquiry. Param Cumaraswamy, U.N. Special Rapporteur on the independence of judges and lawyers, who completed an extensive human rights investigative mission to the United Kingdom last year, has also called for an independent inquiry of Rosemary Nelson's murder. At our September 29, 1998 hearing, Mr. Cumaraswamy stated that he found harassment and intimidation of defense lawyers in Northern Ireland to be consistent and systematic. He recommended a judicial inquiry into the threats and intimidation Rosemary Nelson and other defense attorneys had received. It's hard not to wonder if the British government had taken the Special Rapporteur's recommendations more seriously, Rosemary Nelson might have been better protected and still with us today. I express my heartfelt condolences to the Nelson family and I urge my colleagues to support the following resolution.

  • THE ROAD TO THE OSCE ISTANBUL SUMMIT AND HUMAN RIGHTS IN THE REPUBLIC OF TURKEY

    The hearing focused specifically on the human rights situation in the Republic of Turkey, an original signatory of the 1975 Helsinki Final Act. These two issues, OSCE and Turkey, intersected in this hearing due to the decision taken in Oslo the previous December by the OSCE Ministerial Council to convene a summit Meeting of Heads of State or Government in Istanbul in November 1999. The Commissioners expressed concern over Ankara’s failure to implement a wide range of OSCE human dimensions commitments, the United States labored to secure a consensus in support of Turkey’s bid to host the OSCE Summit in Istanbul. The hearing touched on how the U.S. should respond to make improved human rights implementation in Turkey a priority. Though, one year after a Commission delegation visited Turkey, the Commission’s conclusion is that there has been no demonstrable improvement in Ankara’s human rights practices and that the prospects for much needed systemic reforms are bleak given the unstable political scene that seemed likely to continue.

  • Democratic Processes in Slovakia

    Mr. Speaker, this week a distinguished delegation from the Slovak parliament visited Washington to meet with congressional leaders and other officials. I regret that, because of a hearing on urgent developments in Kosovo, I was unable to meet with them. Nevertheless, the occasion of their visit prompts me to reflect on some of the developments in Slovakia since the elections there on September 25 and 26, 1998. Since a new government was installed on October 30, there has been a sea change in Slovak political life. The very fact that a peaceful transition of power occurred is something we could not have taken for granted, given the increasingly authoritarian rule of Vladimir Meciar manifested by, for example, the refusal of the parliament he controlled to seat two duly elected members. Today, the situation is very different. The formation of a new government has included key changes that were much needed and will foster greater confidence in Slovakia's renewed process of democratization. In particular, the appointment of a new head of the intelligence service, the resolution of competing claims to the position of chief of the armed forces, and the selection of a new general prosecutor help address many of the concerns that arose during Meciar's tenure. The new government's efforts to hold previous officials accountable for their violations of the rule of law and manipulation of parliamentary and constitutional democracy is also a positive sign. During local elections in the fall, non-governmental monitors were permitted to observe the counting of the vote, further fostering public and international confidence in Slovakia's democratic structures. Direct presidential elections are scheduled to be held in May, which will fill a constitutional lacuna. The decision to permit, once again, the issuance of bi-lingual report cards restores common sense to the discussion of issues of concern to the Hungarian minority. The government's stated intent to address the concerns of the Romani minority, concerns which have led many Slovak Roma to seek asylum in other countries, is a welcome step in the right direction. In short, Mr. Speaker, the new government is Slovakia has already undertaken important steps towards fulfilling the promises made when communism collapsed. Slovakia is now at a critical juncture, having succeeded by a slim electoral margin in peacefully removing Vladimir Meciar after 4 years of increasing authoritarian rule. The new government must struggle to restore Slovakia's good name, repair the economy, and get Slovakia back on track for NATO and EU membership. If Slovakia is to succeed in this effort, it is critical that the current coalition hold together long enough to implement real reforms. As it seeks to do so, the new government will be aided by a wellspring of credibility with the internationally community and certainly in Washington, where as the Meciar government, in the end, had none. That wellspring of credibility, however, is not bottomless and time is truly of the essence in Slovakia's reform process. I hope all of the parties participating in the ruling coalition will quickly address some of the issues that have been of special concern to the international community, including the adoption in the first half of this year of a minority language law. Such a step would be a concrete demonstration of the differences between this government and the last. Mr. Speaker, I wish this new coalition government of Slovakia every success in their resolve to make lasting reforms.

  • The Serbia and Montenegro Democracy Act of 1999

    Mr. Speaker, today I am introducing the Serbia and Montenegro Democracy Act of 1999, a bill which will target much needed assistance to democratic groups in Serbia and Montenegro. I am joined by Representatives Ben Gilman, Steny Hoyer, John Porter, Dan Burton, Eliot Engel, Dana Rohrabacher, Louise Slaughter and Jim Moran, all strong promoters of human rights worldwide and the original cosponsors of this Act. It is fitting that this important piece of legislation be introduced today, as a high-level envoy for the United States is in Belgrade to seek the blessing of Yugoslav President Slobodan Milosevic for a political settlement which hopefully will restore peace to the troubled region of Kosovo. We are dealing directly with the man most responsible for the conflict in Kosovo, not to mention Bosnia and Croatia. Milosevic has maintained his power from within Serbia throughout the 1990s at the cost of 300,000 lives and the displacement of 3 million people. He has relied on virulent Serbian nationalism to instigate conflict which will divide the people of the region for decades. The most fundamental flaw in U.S. policy toward the region is that it relies on getting Milosevic's agreement, when Milosevic simply should be forced to stop his assaults on innocent civilians. It relies on Milosevic's dictatorial powers to implement an agreement, undermining support for democratic alternatives. In short, U.S. policy perpetuates Milosevic's rule and ensures that more trouble will come to the Balkans. There can be no long-term stability in the Balkans without a democratic Serbia. Moreover, we need to be clear that the people of Serbia deserve the same rights and freedoms which other people in Europe enjoy today. They also deserve greater prosperity. Milosevic and his criminal thugs deny the same Serbian people they claim to defend these very rights, freedoms and economic opportunities. Independent media is repeatedly harassed, fined and sometimes just closed down. University professors are forced to take a ridiculous loyalty oath or are replaced by know-nothing party hacks. The regime goes after the political leadership of Montenegro, which is federated with Serbia in a new Yugoslav state but is undergoing democratic change itself. The regime goes after the successful Serb-American pharmaceutical executive Milan Panic, seizing his company's assets in Serbia to intimidate a potentially serious political rival and get its hands on the hard currency it desperately needs to sustain itself. The regime also goes after young students, like Boris Karajcic, who was beaten on the streets of Belgrade for his public advocacy of academic freedom and social tolerance. Building a democracy in Serbia will be difficult, and it is largely in the hands of those democratic forces within Serbia to do the job. However, given how the regime has stacked the situation against them, through endless propaganda, harassment and violence, they need help. This Act intends to do just that. It would allocate $41 million in various sectors of Serbian society where democratic forces can be strengthened, and to encourage further strengthening of these forces in neighboring Montenegro. It would ensure that this funding will, in fact, go to these areas, in contrast to the Administration's budget request which indicates that much of this funding could be siphoned off to implement a peace agreement in Kosovo. Another $350,000 would go to the Organization for Security and Cooperation in Europe and its Parliamentary Assembly, which could provide assistance on a multilateral basis and demonstrate that Serbia can rejoin Europe, through the OSCE, once it moves in a democratic direction and ends its instigation of conflict. This Act also states what policy toward Serbia and Montenegro must be: to promote the development of democracy and to support those who are committed to the building of democratic institutions, defending human rights, promoting rule of law and fostering tolerance in society. This funding, authorized by the Support for East European Democracy Act of 1989, represents a tremendous increase for building democratic institutions in Serbia and Montenegro. This fiscal year, an anticipated $25 million will be spent, but most of that is going to Kosovo. The President's budget request for the next fiscal year is a welcome $55 million, but, with international attention focused on Kosovo, too much of that will likely go toward implementing a peace agreement. Make no mistake, I support strongly assistance for Kosovo. I simply view it as a mistake to get that assistance by diverting it from Serbia and Montenegro. We have spent billions of dollars in Bosnia and will likely spend at least hundreds of millions more in Kosovo, cleaning up the messes Milosevic has made. The least we can do is invest in democracy in Serbia, which can stop Milosevic from making more problems in the future. Building democracy in Serbia will be difficult, given all of the harm Milosevic has done to Serbian society. The opposition has traditionally been weak and divided, and sometimes compromised by Milosevic's political maneuvering. There are signs, however, the new Alliance for Change could make a difference, and there certainly is substantial social unrest in Serbia from which opposition can gain support. In addition, there are very good people working in human rights organizations, and very capable independent journalists and editors. The independent labor movement has serious potential to gain support, and the student and academic communities are organized to defend the integrity of the universities. Simply demonstrating our real support for the democratic movement in Serbia could convince more people to become involved. Finally, Montenegro's democratic changes in the last year place that republic in a difficult position. A federation in which one republic is becoming more free and open while the other, much larger republic remains repressive and controls federal institutions cannot last for long, yet Montenegrins know they could be the next victims of Milosevic. It would be a mistake to leave those building a democracy in Montenegro out on that limb. They need our support as well. In conclusion, Mr. Speaker, I am today introducing the Serbia and Democracy Act of 1999 because I feel our country's policy in the Balkans has all too long been based on false assumptions about the region. Granted, social tensions, primarily based on ethnic issues, were bound to have plagued the former Yugoslavia, but it is an absolute fact that violence could have been avoided if Slobodan Milosevic did not play on those tensions to enhance his power. As we prepare to debate the sending of American forces to Kosovo to keep a peace which does not yet exist, we must address the root cause of the conflict in the former Yugoslavia from 1991 to today. This Act, Mr. Speaker, does just that, and I urge my colleagues to support its swift and overwhelming passage by the House. The Senate is working on similar legislation, and hopefully the Congress can help put U.S. policy back on the right track.

  • Civil Society, Democracy, and Markets in East Central Europe and the NIS: Problems and Perspectives

    This briefing, led by Chief of Staff Dorothy Douglas Taft, was prompted by the book Nations in Transit 1998, a study and analysis of 25 post-Communist countries which supported the monitoring of the region’s adherence to the Helsinki Accords. Questions included in the report were organized in the categories of political processes, civil society, independent media, the rule of law, governance and pubic administration, macro-economic policy, micro-economic policy, and privatization. The witnesses - Adrian Karatnycky, Professor Alexander Motyl, and E. Wayne Merry - discussed the document and interpreted some of the political and economic trends in the region. They expanded upon some of the insights provided in the book and analyzed the region’s progress, reflecting on their own experiences working with the Soviet Union.

  • 1999: A Critical Year for Belarus

    Mr. Speaker, last month, a Congress of Democratic Forces was held in Minsk, the capital of Belarus. The Congress demonstrated the resolve of the growing democratic opposition to authoritarian President Alyaksandr Lukashenka and the determination by the opposition to have free, democratic elections consistent with the legitimate 1994 constitution.   Earlier last month, on January 10, members of the legitimate Belarusian parliament, disbanded by Lukashenka after the illegal 1996 constitutional referendum which extended his term of office by two years to 2001, set a date for the next presidential elections for May 16. According to the 1994 constitution, Lukashenka's term expires in July. Not surprisingly, Lukashenka rejects calls for a presidential election. Local elections are currently being planned for April, although many of the opposition plan not to participate, arguing that elections should be held only under free, fair and transparent conditions, which do not exist at the present time. Indeed, the law on local elections leaves much to be desired and does not provide for a genuinely free and fair electoral process.   The local elections and opposition efforts to hold presidential elections must be viewed against the backdrop of a deteriorating economic situation. One of the resolutions adopted by the Congress of Democratic Forces accuses Lukashenka of driving the country to “social tensions, international isolation and poverty.” As an example of the heightening tensions, just last weekend, Andrei Sannikov, the former deputy minister of Belarus and a leader of the Charter '97 human rights group, was brutally assaulted by members of a Russian-based ultranationalist organization. Additionally, Lukashenka's moves to unite with Russia pose a threat to Belarus' very sovereignty. Thus, Mr. Speaker, this year promises to be a critical year for Belarus.   Recently, a staff delegation of the (Helsinki) Commission on Security and Cooperation in Europe, which I chair, traveled to Belarus, raising human rights concerns with high-ranking officials, and meeting with leading members of the opposition, independent media and nongovernmental organizations. The staff report concludes that the Belarusian Government continues to violate its commitments under the Organization for Security and Cooperation in Europe (OSCE) relating to human rights, democracy and the rule of law, and that at the root of these violations lies the excessive power usurped by President Lukashenka since his election in 1994, especially following the illegitimate 1996 referendum. Although one can point to some limited areas of improvement, such as allowing some opposition demonstrations to occur relatively unhindered, overall OSCE compliance has not improved since the deployment of the OSCE's Advisory and Monitoring Group (AMG) almost one year ago. Freedoms of expression, association and assembly remain curtailed. The government hampers freedom of the media by tightly controlling the use of national TV and radio. Administrative and economic measures are used to cripple the independent media and NGOs. The political opposition has been targeted for repression, including imprisonment, detention, fines and harassment. The independence of the judiciary has been further eroded, and the President alone controls judicial appointments. Legislative power is decidedly concentrated in the executive branch of government.   The Commission staff report makes a number of recommendations, which I would like to share with my colleagues. The United States and OSCE community should continue to call upon the Belarusian Government to live up to its OSCE commitments and, in an effort to reduce the climate of fear which has developed in Belarus, should specifically encourage the Belarusian Government, inter alia, to: (1) Immediately release Alyaksandr Shydlauski (sentenced in 1997 to 18 months imprisonment for allegedly spray painting anti-Lukashenka graffiti) and review the cases of those detained and imprisoned on politically motivated charges, particularly Andrei Klymov and Vladimir Koudinov; (2) cease and desist the harassment of opposition activists, NGOs and the independent media and permit them to function; (3) allow the opposition access to the electronic media and restore the constitutional right of the Belarusian people to free and impartial information; (4) create the conditions for free and fair elections in 1999, including a provision in the election regulations allowing party representation on the central and local election committees; and (5) strengthen the rule of law, beginning with the allowance for an independent judiciary and bar.   With Lukashenka's term in office under the legitimate 1994 Constitution expiring in July 1999, the international community should make clear that the legitimacy of Lukashenka's presidency will be undermined unless free and fair elections are held by July 21. The United States and the international community, specifically the OSCE Parliamentary Assembly, should continue to recognize only the legitimate parliament, the 13th Supreme Soviet, abolished by Lukashenka in 1996, and not the post-referendum, Lukashenka-installed, National Assembly. At the time, the United States, and our European allies and partners, denounced the 1996 referendum as illegitimate and extra-constitutional. The West needs to stand firm on this point, as the 13th Supreme Soviet and the 1994 Constitution are the only legal authorities. The democratically oriented opposition and NGOs deserve continued and enhanced moral and material assistance from the West. The United States must make support for those committed to genuine democracy a high priority in our civic development and NGO assistance.   I applaud and want to encourage such entities as USIS, the Eurasia Foundation, National Endowment for Democracy, International Republican Institute, ABA/CEELI and others in their efforts to encourage the development of a democratic political system, free market economy and the rule of law in Belarus. The United States and the international community should strongly encourage President Lukashenka and the 13th Supreme Soviet to begin a dialogue which could lead to a resolution of the current constitutional crisis and the holding of democratic elections. The OSCE Advisory and Monitoring Group (AMG) could be a vehicle for facilitating such dialogue. The Belarusian Government should be encouraged in the strongest possible terms to cooperate with the OSCE AMG. There is a growing perception both within and outside Belarus that the Belarusian Government is disingenuous in its interaction with the AMG. The AMG has been working to promote these important objectives: an active dialogue between the government, the opposition and NGOs; free and fair elections, including a new election law that would provide for political party representation on electoral committees and domestic observers; unhindered opposition access to the state electronic media; a better functioning, independent court system and sound training of judges; and the examination and resolution of cases of politically motivated repression.   Mr. Speaker, there is a growing divide between the government and opposition in Belarus, thanks to President Lukashenka's authoritarian practices, a divide that could produce unanticipated consequences. An already tense political situation is becoming increasingly more so. Furthermore, Lukashenka's efforts at political and economic integration with Russia could have serious potential consequences for neighboring states, especially Ukraine. Therefore, it is vital for the United States and the OSCE to continue to speak out in defense of human rights in Belarus, to promote free and democratic elections this year, and to encourage meaningful dialogue between the government and opposition.

  • 1999: A Critical Year for Belarus

    Mr. Speaker, last month, a Congress of Democratic Forces was held in Minsk, the capital of Belarus. The Congress demonstrated the resolve of the growing democratic opposition to authoritarian President Alyaksandr Lukashenka and the determination by the opposition to have free, democratic elections consistent with the legitimate 1994 constitution.   Earlier last month, on January 10, members of the legitimate Belarusian parliament, disbanded by Lukashenka after the illegal 1996 constitutional referendum which extended his term of office by two years to 2001, set a date for the next presidential elections for May 16. According to the 1994 constitution, Lukashenka's term expires in July. Not surprisingly, Lukashenka rejects calls for a presidential election. Local elections are currently being planned for April, although many of the opposition plan not to participate, arguing that elections should be held only under free, fair and transparent conditions, which do not exist at the present time. Indeed, the law on local elections leaves much to be desired and does not provide for a genuinely free and fair electoral process.   The local elections and opposition efforts to hold presidential elections must be viewed against the backdrop of a deteriorating economic situation. One of the resolutions adopted by the Congress of Democratic Forces accuses Lukashenka of driving the country to “social tensions, international isolation and poverty.” As an example of the heightening tensions, just last weekend, Andrei Sannikov, the former deputy minister of Belarus and a leader of the Charter '97 human rights group, was brutally assaulted by members of a Russian-based ultranationalist organization. Additionally, Lukashenka's moves to unite with Russia pose a threat to Belarus' very sovereignty. Thus, Mr. Speaker, this year promises to be a critical year for Belarus.   Recently, a staff delegation of the (Helsinki) Commission on Security and Cooperation in Europe, which I chair, traveled to Belarus, raising human rights concerns with high-ranking officials, and meeting with leading members of the opposition, independent media and nongovernmental organizations. The staff report concludes that the Belarusian Government continues to violate its commitments under the Organization for Security and Cooperation in Europe (OSCE) relating to human rights, democracy and the rule of law, and that at the root of these violations lies the excessive power usurped by President Lukashenka since his election in 1994, especially following the illegitimate 1996 referendum. Although one can point to some limited areas of improvement, such as allowing some opposition demonstrations to occur relatively unhindered, overall OSCE compliance has not improved since the deployment of the OSCE's Advisory and Monitoring Group (AMG) almost one year ago. Freedoms of expression, association and assembly remain curtailed. The government hampers freedom of the media by tightly controlling the use of national TV and radio. Administrative and economic measures are used to cripple the independent media and NGOs. The political opposition has been targeted for repression, including imprisonment, detention, fines and harassment. The independence of the judiciary has been further eroded, and the President alone controls judicial appointments. Legislative power is decidedly concentrated in the executive branch of government.   The Commission staff report makes a number of recommendations, which I would like to share with my colleagues. The United States and OSCE community should continue to call upon the Belarusian Government to live up to its OSCE commitments and, in an effort to reduce the climate of fear which has developed in Belarus, should specifically encourage the Belarusian Government, inter alia, to: (1) Immediately release Alyaksandr Shydlauski (sentenced in 1997 to 18 months imprisonment for allegedly spray painting anti-Lukashenka graffiti) and review the cases of those detained and imprisoned on politically motivated charges, particularly Andrei Klymov and Vladimir Koudinov; (2) cease and desist the harassment of opposition activists, NGOs and the independent media and permit them to function; (3) allow the opposition access to the electronic media and restore the constitutional right of the Belarusian people to free and impartial information; (4) create the conditions for free and fair elections in 1999, including a provision in the election regulations allowing party representation on the central and local election committees; and (5) strengthen the rule of law, beginning with the allowance for an independent judiciary and bar.   With Lukashenka's term in office under the legitimate 1994 Constitution expiring in July 1999, the international community should make clear that the legitimacy of Lukashenka's presidency will be undermined unless free and fair elections are held by July 21. The United States and the international community, specifically the OSCE Parliamentary Assembly, should continue to recognize only the legitimate parliament, the 13th Supreme Soviet, abolished by Lukashenka in 1996, and not the post-referendum, Lukashenka-installed, National Assembly. At the time, the United States, and our European allies and partners, denounced the 1996 referendum as illegitimate and extra-constitutional. The West needs to stand firm on this point, as the 13th Supreme Soviet and the 1994 Constitution are the only legal authorities. The democratically oriented opposition and NGOs deserve continued and enhanced moral and material assistance from the West. The United States must make support for those committed to genuine democracy a high priority in our civic development and NGO assistance.   I applaud and want to encourage such entities as USIS, the Eurasia Foundation, National Endowment for Democracy, International Republican Institute, ABA/CEELI and others in their efforts to encourage the development of a democratic political system, free market economy and the rule of law in Belarus. The United States and the international community should strongly encourage President Lukashenka and the 13th Supreme Soviet to begin a dialogue which could lead to a resolution of the current constitutional crisis and the holding of democratic elections. The OSCE Advisory and Monitoring Group (AMG) could be a vehicle for facilitating such dialogue. The Belarusian Government should be encouraged in the strongest possible terms to cooperate with the OSCE AMG. There is a growing perception both within and outside Belarus that the Belarusian Government is disingenuous in its interaction with the AMG. The AMG has been working to promote these important objectives: an active dialogue between the government, the opposition and NGOs; free and fair elections, including a new election law that would provide for political party representation on electoral committees and domestic observers; unhindered opposition access to the state electronic media; a better functioning, independent court system and sound training of judges; and the examination and resolution of cases of politically motivated repression.   Mr. Speaker, there is a growing divide between the government and opposition in Belarus, thanks to President Lukashenka's authoritarian practices, a divide that could produce unanticipated consequences. An already tense political situation is becoming increasingly more so. Furthermore, Lukashenka's efforts at political and economic integration with Russia could have serious potential consequences for neighboring states, especially Ukraine. Therefore, it is vital for the United States and the OSCE to continue to speak out in defense of human rights in Belarus, to promote free and democratic elections this year, and to encourage meaningful dialogue between the government and opposition.

  • Bosnia, Croatia, Macedonia and Serbia: Electoral and Political Outlook for 1999

    Robert Hand, policy advisor at the Commission, led a discussion regarding Bosnia and its different regions. He spoke of the situation in Bosnia in 1998 and the power of ethnically-based political parties, retained through nationalism, corruption, and control of the media. Reconstruction in Bosnia is poor due to poor economic conditions and the continued displacement of certain populations.  The witnesses - Luke Zahner, Candace Lekic, Jessica White, Roland de Rosier, Kathryn Bomberger, Brian Marshall – have served in regions all over Bosnia and gave valuable input on the differences between regions and their rehabilitations processes after the Dayton Accords. They also spoke of the influence of Republika Srpska and the Bosnian Federation on said regions.  Paying attention to these differences, the state, is important in that the United States wants to support only those that successfully implement the Dayton Accords. 

  • The Ombudsman in the OSCE: An American Perspective

    This briefing assessed the role of ombudsmen institutions in the countries of the Organization for Security and Cooperation in Europe from an American perspective. The ombudsman institution was described as a flexible institution; adaptable to national and local government structures in a wide variety of countries, and a brief evaluation of the evolution of this institution was presented. Dean M. Gottehrer, a consultant on ombudsmen in human rights institutions for the United Nations Development Program, Office for Democratic Institutions and Human Rights of the OSCE, and the United States Information Agency, presented a personal analysis of the role of ombudsmen institutions in protecting human rights in OSCE participating states.

  • Report on Azerbaijan's Presidential Election

    On October 11, 1998, Azerbaijan held presidential elections. The contest pitted incumbent President Heydar Aliev, the former Communist Party leader who returned to power in 1993, against moderate opposition leader Etibar Mamedov, political maverick Nizami Suleimanov, and three other candidates with little recognition or following. While no one seriously expected Aliev to lose, the opposition candidates were hoping for a second round. Five leading opposition politicians—Abulfaz Elchibey, Isa Gambar, Rasul Guliev, Ilyas Ismailov and Lala Shovket—boycotted the vote, unwilling to legitimize by their participation an election they believed would be unfair. Negotiations that took place in August between the government and the boycotting opposition over the most controversial aspect of the election—the composition of the Central Election Commission—proved unsuccessful, with the authorities rejecting the opposition’s demand for equal representation on the CEC. The five leaders, joined by numerous other parties and groups in the Movement for Electoral Reform and Democratic Elections, urged voters not to go to the polls. The authorities minimized the boycott’s significance, arguing that the opposition leaders knew they had no chance in a fair election and therefore preferred to claim fraud and not participate. Beginning August 15, the boycotting parties organized a series of rallies and demonstrations to pressure the government and call for fair elections. These were the first mass street actions in Azerbaijan in years. The authorities refused to let the opposition hold a demonstration in Freedom Square, in the center of Baku, offering alternative venues instead. On September 12, protesters clashed with police, resulting in arrests and injuries. Afterwards, authorities and opposition tried to reach agreement on the demonstrators’ route, and most pre-election rallies, some of which drew big crowds, were largely peaceful. The increasingly tense relations between the government and boycotting opposition parties were one factor in the OSCE/ODIHR’s appraisal of the election.  In ODIHR’s view, these failings outweighed the positive aspects of the election, such as the election law, which all sides acknowledged as acceptable, the freedom for candidates to speak openly on television, the abolition of censorship and provisions for domestic observers. The OSCE/ODIHR assessment was that the election fell short of meeting international norms. With the OSCE assessment placing in question the official results, the CEC’s failure to publish election protocols until long after the stipulated time period heightens doubts about President Aliev’s standing. The election was largely a referendum on his five-year presidency. Since his return to power in 1993, he has not solved the major problems besetting the country. The NagornoKarabakh conflict remains unsettled; Azerbaijani territory is still under Armenian occupation and no refugees have returned to their homes. Living standards for the great majority of the population have declined precipitously, though it is widely known that a tiny stratum of corrupt officials and businessmen have become rich. Moreover, the predominance of people from Nakhichevan - Aliev’s home region - in positions of power exacerbates general discontent.

  • The Status of Human Rights in Russia

    This briefing addressed the recent changes in the Russian government and what they might portend for human Rights in Russia. Specifically, economic troubles that led to the emergence of extremist politics and subsequent human rights abuses were the main topic of discussion. Witnesses testifying at the briefing – including Rachel Denber, Deputy Director of the Europe and Central Asia Division of Human Rights Watch; Mark Levin, Executive Director of the National Conference on Soviet Jewry; and Lauren Homer, President of Law and Liberty Trust – evaluated the status of human rights abuse in Russia resulting from a mix of repression, corruption, inertia, and neglect. Freedom of speech, freedom of information, and freedom of religion were especially emphasized as aspects of human rights that Russia needs to improve in the future

  • Belarus Opposition Leaders

    The Commission examined Belarus’ political situation under President Lukashenka, who, on the day of the briefing, had locked the diplomatic corps out of their residences. The briefing explored the development of what some call a dictatorship in Belarus after the fall of the Soviet Union that brought Soviet sentiment back into the political scene. The witnesses - Professor Yury Khadyka and Professor Stanislav Bogdankevich - highlighted the struggle for human rights in Belarus after 1991, when anti-communist rhetoric became a popular national value and during which personal freedom did not was excluded. They also addressed the lack of economic progress under Lukashenko, which goes unnoticed by Western governments.  

  • Bosnia

    During this briefing, Robert Hand, policy advisor at the Commission, led a discussion regarding Bosnia and its different regions. He spoke of the situation in Bosnia in 1998 and the power of ethnically-based political parties, retained through nationalism, corruption, and control of the media. Reconstruction in Bosnia has slow and challenging due to poor economic conditions and the continued displacement of certain populations. The witnesses - Luke Zahner, Candace Lekic, Jessica White, Roland de Rosier, Kathryn Bomberger, Brian Marshall - have served in regions all over Bosnia and gave valuable input on the differences between regions and their rehabilitations processes after the Dayton Accords. They also spoke of the influence of Republica Srpska and the Bosnian Federation on said regions.  Paying attention to these differences, they state, is important in that the United States wants to support only those that successfully implement the Dayton Accords.

  • Status of Religious Liberty for Minority Faiths in Europe and the OSCE

    The purpose of this hearing, which the Hon. Christopher H. Smith chaired, was to discuss the reality of disturbing undercurrents of subtle, but growing, discrimination and harassment of minority religious believers, as opposed to discussing the widespread documentation of torture and persecution of practitioners of minority faiths. In a number of European countries, government authorities had seemed to work on restricting the freedoms of conscience and speech in much of their governments’ actions. For example, in Russia, on September 26, 1997, President Boris Yeltsin signed the law called “On Freedom of Conscience and on Religious Associations,” which blatantly violated agreements of the OSCE which the former U.S.S.R. helped to initiate. Through use of witnesses, then, attendees of this hearing, namely commissioners, gained a deeper understanding of the religious liberty violations within OSCE member countries and insight into how to best influence governments to adhere more closely to internationally accepted human rights standards.

  • What's Next, Mr. Prime Minister? Democracy Hangs in the Balance in Slovakia on Constitution's Fifth Birthday

    Mr. President, 5 years ago, the speaker of the Slovak Parliament, Ivan Gasparovic, described his country's new constitution as `an expression of centuries-old emancipation efforts of the Slovak people to have a sovereign state of their own.' He also spoke of its `supreme binding force.' Since then, the people who present themselves as the guardians of Slovakia's statehood have undermined Slovakia's constitution. This is what they have done. This May, the Ministry of Interior ignored the Constitutional Court's ruling and altered an important referendum on NATO and on the direct election of the President, effectively denying the people of Slovakia their constitutionally guaranteed right to register their views through a referendum. Defending its actions, members of the Prime Minister's party insisted that they acted in conformity with the constitution--as they interpreted it--and that they were justified in placing their views ahead of the ruling of the highest court in the land. The actions of the ruling coalition in the case of Frantisek Gaulieder makes clear that the Meciar government has a profound and fundamental disregard for the constitution of Slovakia. Then there is the case of Frantisek Gaulieder. Frantisek Gaulieder is a member of the Slovak Parliament who was removed from office because he renounced his membership in Prime Minister Vladimir Meciar's party, the Movement for a Democratic Slovakia. On July 25, the Constitutional Court confirmed that the ruling coalition's action which deprived Gaulieder of his seat was unconstitutional and violated Gaulieder's rights. But members of the Prime Minister's coalition again claimed that they, and not the Constitutional Court, have the right to determine what the constitution means, and have declined to act to restore Gaulieder to his seat in Parliament. In short, the `supreme binding force' that Ivan Gasparovic spoke of 5 years ago no longer flows from the constitution, but from the will of Vladimir Meciar. When there are differences of opinion as to what a constitution means, whether those differences arise between branches of government or between the government and its citizens, in a state operating under the rule of law, it is the job of a constitutional court to interpret what the constitution means, not the Prime Minister or Parliament. Although this principle is taken for granted in many parts of Europe, and was established early in American history by the famous Supreme Court case of Marbury versus Madison, it has apparently not yet been accepted in Slovakia. Mr. President, the Slovak Democratic Coalition has moved, four times, to convene a special session of the Parliament in order to implement the decision of the Constitutional Court and restore Frantisek Gaulieder to his seat. Four times, however, Prime Minister Meciar's coalition has boycotted their own Parliament rather than face the following dilemma: restore Gaulieder to his seat--consistent with the Constitutional Court's decision--and risk the chance that others will follow Gaulieder's example and defect from the Prime Minister's party, or vote down the Slovak Democratic Coalition's proposal to restore Gaulieder to his seat and confirm that whatever form of government exists in Slovakia, it is not constitutional democracy, at least not as we understand it. Sooner or later, the Slovak Parliament will reconvene. When it acts, or fails to act, on the Gaulieder question, we will know whether Slovakia is committed to becoming a functioning constitutional democracy. If it is not, what it will become is an isolated State under constant international pressure and scrutiny, cut off from a promising and prosperous future by the arrogance and greed of its own leaders. As Vladimir Meciar is asked in his weekly news show, what next, Mr. Prime Minister?

  • Slovakian Human Rights Issues

    Mr. President, I rise today to call to my colleagues' attention to human rights developments in Slovakia. These developments point Slovakia in the opposite direction from the road their neighbors have been traveling. Their neighbors accept western values and seek integration into western institutions, developments leading to individual freedom, political democracy, and economic prosperity in a free market system. In stark contrast, Slovakia is not in compliance with some important Helsinki process commitments and is showing signs of regression toward authoritarian, if not totalitarian relations between the state and its citizens.   This country, which showed so much promise upon gaining independence in 1993, has failed to press ahead with vitally needed democratic reforms, in contrast with so many other countries in the region, including other newly independent countries. While the Czech Republic, Hungary, and Poland have worked hard to qualify for EU membership and NATO accession, Slovakia has lagged behind. While states like Lithuania and Slovenia have emerged from repressive empires to bring prosperity and hope to their peoples, Slovakia has not. Even Romania, which has struggled profoundly with the transition from totalitarianism, has managed to undertake significant reforms in the past few months.   From the outset, members of the Helsinki Commission have supported the democratic transformation in Slovakia. We believe that a strong, democratic Slovakia will enhance stability and security in Europe. Unfortunately, human rights and democratization in Slovakia have taken a severe beating, both literally and figuratively, in recent months. The hopes raised by free and fair elections and by the passage of a democratic constitution have been dashed. Last month, I understand some officials in Bratislava criticized a congressional report on NATO enlargement and complained that the discussion of Slovakia's progress toward democracy was too superficial. Well, I will provide a little more detail for those who genuinely want to know what worries us here in Washington.   Parliamentary democracy in Slovakia took a bullet in late November, when parliamentarian Frantisek Gaulieder, after announcing his resignation from the ruling coalition's Movement for a Democratic Slovakia, was stripped of his parliamentary mandate through antidemocratic means that are unheard of anywhere else in Europe. His removal has been protested by the European Union and the United States at OSCE meetings in Vienna, but, so far, to no avail. Even more outrageously, there was a bomb attack against Mr. Gaulieder's home, while he and his family were present. This is a tactic that reminds me of the Communists, fascists, and other similarly bloody and ruthless groups.   The 1995 kidnaping of President Kovac's son is not only still unsolved, but the manner in which this matter has been investigated has fueled speculation that the government's own security forces were directly involved in this crime. The murder last year of Robert Remias, who may have had key evidence in this case, and the ineffectual investigation of that case has deepened these suspicions. Adding to this disturbing pattern, questions are already being raised about the official investigation of the December bomb attack on Frantisek Gaulieder's home: Mr. Gauliedier has reported that some of his testimony regarding the attack is missing from his police file, that the first investigator was removed after only 3 days on the case, and that the Slovak Minister of Interior has, shockingly, suggested that Mr. Gaulieder may have planted the bomb himself, the same `he-did-it-himself' story that no one believes regarding the kidnaping of Mr. Kovac, Jr. I am now informed that this investigation, like the Kovac and Remias cases, has been `closed for lack of evidence.' For a country supposedly seriously committed through its OSCE obligations to the establishment of a `rule of law' state, this is a damagingly poor performance.   In addition to these acts of violence, it has been reported that the President, the President's son, and members of the Constitutional Court have been subjected to death threats. In fact, in early December the Association of Slovak Judges characterized the anonymous, threatening letters addressed to Milan Cic, the Chair of the Slovak Constitutional Court, as an attack against the court as a whole and a means of political intimidation. It has also been reported that on February 24 an opposition political figure in Banska Bystrica, Miroslav Toman, was attacked by four assailants.   We see a country where politically motivated violence is on the increase, where public confidence in the government's intent to provide security for all Slovaks has plummeted, and where acts of violence and threats of violence have brought into question both the rule of law and the very foundations of democracy. The ruling coalition has continued to pursue an openly hostile agenda toward a free and independent media and free speech in general. During the course of the past year, two newspapers, Slovenska Republika and Naroda Obroda, have seen a total of 21 editors quit over alleged political interference with their work. Defamation suits launched by public officials appear to be a common vehicle for harassing one's political opponents. Most recently, on November 19, the government barred four journalists from attending a regular press conference after the weekly cabinet meeting because the journalists were believed to be unsympathetic to the government. Although this decision was ultimately rescinded after a public outcry, including a protest from the journalists' union, it was further evidence of the government's relentless efforts to curb any reporting it doesn't like. In fact, in one of the more shocking episodes of the battle for free speech in Slovakia, it has been reported that Vladimir Meciar, the Prime Minister of the country and, not insignificantly, a former boxer, warned journalist Dusan Valko just a few weeks ago that `I will punch you so that your own mother will not recognize you.' So much for Mr. Meciar's tolerance for other points of view and nonviolence.   The Slovak Government continues to pursue a minorities policy that would be laughable if it were not so wrong and harmful. This policy has included everything from banning the playing of non-Slovak national anthems last year to the more recent decision to bar the issuance of report cards in the Hungarian language, reversing long-standing practices. Such petty gestures are beneath the dignity of the Slovak people, whose heritage has survived more than a thousand years of foreign, and often markedly repressive, rule. The Slovak language and culture, now protected in an independent Slovakia, are not so weak that they can only flourish at the expense of others. More seriously, it should be noted that past repressive crackdowns on minorities, for example, in Cluj, Romania, and in Kosovo, Serbia, began by whittling away at the minority language opportunities that had traditionally been respected by the majority community. Accordingly, these seemingly small restrictions on the Hungarian minority in Slovakia may very well be the harbinger of more repressive tactics ahead. With this in mind, the failure of the Slovak parliament to adopt a comprehensive minority language law, and the recommendation of the Ministry of Culture that such a law is not even necessary, defy common sense. Current laws on minority-language use in Slovakia do not provide adequate or satisfactory guidance regarding the use of Hungarian for official purposes, as the recent report-card flap shows. Much harm can be done until a minority language law is passed based on a genuine accommodation between the majority and minority communities.   Finally, recent reductions in government-provided cultural subsidies have had a disproportionately negative effect on the Hungarian community. The Slovak Government's defense, that all ethnic groups have been equally disadvantaged by these cut-backs, is unpersuasive in light of the Culture Minister Hudec's stated intent to `revive' Slovak culture in ethnically mixed areas and to make cultural subsidies reflect that goal. While Hungarians suffer from a more direct form of government intolerance, other ethnic groups suffer more indirectly. Put another way, it is not so much government action which threatens Romani communities in Slovakia, it is government inaction. According to the most recent State Department report on Slovakia, skinhead violence against Roma is a serious and growing problem; three Roma were murdered as a result of hate crimes last year, and others have been severely injured. Some Roma leaders, in response to their government's inability or unwillingness to protect them, have called for the formation of self-defense units. Obviously, the Slovak Government is just not doing enough to address the deadly threats they face. Moreover, the repugnant anti-Roma statements that have repeatedly been made by Jan Slota, a member of the ruling coalition, have fostered this climate of hatred.   The fact that the Czech Republic, Germany, and other European countries also confront skinhead movements in no way relieves Slovakia of its responsibility to combat racism, just as Slovakia's skinhead problem does not relieve the other countries of their responsibilities. It is time and past time for Prime Minister Meciar to use his moral authority and political leadership to set Slovakia on the right course. He must make clear, once and for all, that Jan Slota, who also called the Hungarian minority `barbarian Asiatic hordes', is not his spokesman, and that the Slovak National Party's unreconstructed fascists do not represent the majority of the people of Slovakia.   Mr. President, the leadership of the Helsinki Commission, including my co-chairman, Representative Christopher H. Smith, and ranking members Senator Frank Lautenberg and Representative Steny Hoyer, have raised our concern about developments in Slovakia with Slovak officials on a number of occasions. Unfortunately, all we hear from the Slovak leadership is one excuse after another, and all we see is a search for one scapegoat after another: it's the Hungarians, it's the Czechs, it's the Ukrainian mafia, it's the hostile international community seeking to destroy Slovakia's good name, it's a public relations problem abroad, not real problems back home: in short, there is always somebody else to blame besides the people that are, in fact, running the country.   I don't mean to suggest that there have been no positive developments in Slovakia over the past 4 years. In fact, I have been especially heartened by the emergence of a genuine civil society that is increasingly willing to express its views on a broad range of issues. But positive initiatives by the Government have been too few and too far between. I make this statement today in the hope that the leadership in Bratislava will start to make real reforms, like their colleagues in Romania, and begin to restore the promising future that the people of Slovakia deserve. Their present policies are leading down a path toward international isolation, increasing criticism, and economic deprivation for their people. One Belarus is enough.

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