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Helsinki Commissioners Condemn Violence Against Roma

Tuesday, June 09, 2009

Bipartisan Members of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today voiced strong concerns for growing violence against the Roma – Europe’s largest ethnic minority group.

At a briefing examining the growing prejudice against Roma in Europe and subsequent acts of violence against Roma across Europe, Co-Chairman Congressman Alcee L. Hastings (D-FL) expressed concern for the treatment of Roma, who have been victimized in their own homes – from the killing of elderly to young children burned by fire bombs.

“Governments must act with a sense of urgency in combating the pernicious racism that has contributed to the social, economic, and political marginalization of Roma, resulting in the gruesome and deadly attacks on Roma in recent months,” Co-Chairman Hastings said. “But beyond the violence, the continual dislocation of Roma most recently from their historic home in Sulukule, outside Istanbul, Turkey, shows a disregard for minorities and further sends a signal of exclusion. I call on all European countries to reverse this troubling trend.”

Chairman Benjamin L. Cardin (D-MD) added: “In the wake of the recent European Parliamentary elections, we are seeing growth of political parties who espouse anti-immigration, anti-minority, and anti-Semitic policies. I urge governments across Europe to respect Roma human rights. They should fully integrate the continent’s largest ethnic minority group, do away with segregated schooling, and when crimes are committed, thoroughly investigate and hold criminals accountable for their acts of hate.”

Helsinki Commissioner Congressman Joseph R. Pitts (R-PA) added: “Some people have compared the firebombing and other attacks on Roma in the Czech Republic and Hungary to the sniper attacks that took place in the area a few years ago. For Roma, who are the singular targets in this case, we can only imagine the fear that grips those communities. I urge the Czech and Hungarian Governments to do everything possible to bring the perpetrators of those attacks to justice and to ensure that they are prosecuted to the fullest extent of the law.”

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    Mr. Speaker, in a matter of days President Clinton and the leaders of the OSCE participating States will gather in Istanbul, Turkey for the final summit of the century. Among the important issues to be discussed will be a charter on European security. As the leaders of our countries assemble on the banks of the Bosphorus, few are likely to realize that the torturers continue to ply their trade, crushing the lives of countless men, women, and even children. In recent days I have received disturbing reports that highlight the fact that torture continues in Turkey despite Ankara's stated zero tolerance policy. Once again, we see that those who attempt to heal the physical and emotion scars of victims of torture are themselves often victimized by the so-called “Anti-Terror Police.” A case in point involves Dr. Zeki Uzun, a medical professional volunteering his services to the Human Rights Foundation of Turkey's Izmir Treatment and Rehabilitation Center. Dr. Uzun was reportedly forced from his clinic by Anti-Terror Police and held for interrogation about past patients he had treated. During the interrogation, he was apparently subjected to various kinds of torture, including having a plastic bag placed over his head to stop his breathing. Dr. Uzun was held by the police for a period of six days during which time he was repeatedly abused. In March I chaired a Helsinki Commission hearing on human rights in Turkey in anticipation of the OSCE Summit that will be held in Istanbul, November 17-18. Experts testified to the continued widespread use of torture in Turkey, including the increasing use of electric shock. The gripping testimony included the case of torture against a two-year-old child. Mr. Speaker, I urge President Clinton to place the issue of prevention of torture at the top of his agenda when he meets with Prime Minister Ecevit and include these longstanding concerns in his address before the Turkish Grand National Assembly. If the Government of Turkey is serious about ending the practice of torture, it must publicly condemn such gross violations of human rights, adopt and implement effective procedural safeguards against torture, and vigorously prosecute those who practice torture. Instead of treating individuals like Dr. Uzun as enemies, Ankara should direct its resources to rooting out those elements of the security apparatus responsible for torture.

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Many of us recently had an opportunity to meet with Anatoly Lebedko of the United Civic Party of Belarus, a young political leader who, despite personal risk, continues to openly criticize the Lukashenka regime. His personal safety is of particular concern as he returns to Belarus following an intense crackdown against the opposition. In recent weeks, Lukashenka has reportedly authorized a series of measures designed to further suppress Belarus' already beleaguered opposition. Border controls have apparently been tightened and officials in Minsk and other large cities have been instructed to ban public protests and demonstrations. The few remaining independent opposition newspapers, including Naviny and Kuryer, have likewise come under increased pressure from the authorities. Lukashenka's campaign of harassment and intimidation of the political opposition has intensified. Former Premier Mikhail Chigir, arrested in March on politically-motivated charges, remains imprisoned. 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Some Western analysts, I am sorry to say, have bought this idea, in some cases, quite literally, by acting as highly paid consultants to oil companies and other business concerns. But, Mr. Speaker, building democracy is an act of political will above all. You have to want to do it. If you don't, all the excuses in the world and all the state institutions formed in Central Asia ostensibly to promote human rights will remain simply window dressing. Moreover, the much-vaunted stability offered by such systems is shaky. The refusal of leaders to allow turnover at the top or newcomers to enter the game means that outsiders have no stake in the political process and can imagine coming to power or merely sharing in the wealth only be extra-constitutional methods. For some of those facing the prospect of permanent exclusion, especially as living standards continue to fall, the temptation to resort to any means possible to change the rules of the game, may be overwhelming. Most people, however, will simply opt out of the political system in disillusionment and despair. Against this general context, without doubt, the most repressive countries are Turkmenistan and Uzbekistan. Turkmenistan's President Niyazov, in particular, has created a virtual North Korea in post-Soviet space, complete with his own bizarre cult of personality. Turkmenistan is the only country in the former Soviet bloc that remains a one-party state. Uzbekistan, on the other hand, has five parties but all of them are government-created and controlled. Under President Islam Karimov, no opposition parties or movements have been allowed to function since 1992. In both countries, communist-era controls on the media remain in place. The state, like its Soviet predecessor, prevents society from influencing policy or expressing its views and keeps the population intimidated through omnipresent secret police forces. 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In 1997, war-weariness and a military stalemate led the disputants to a peace accord and a power-sharing agreement. But though the arrangement had promise, it now seems to be falling apart, as opposition contenders for the presidency have been excluded from the race and the major opposition organization has decided to suspend participation in the work of the National Reconciliation Commission. Mr. Speaker, along with large-scale ethnic conflicts like Kosovo or Bosnia, and unresolved low-level conflicts like Nagorno-Karabakh and Abkhazia, I believe the systemic flouting of OSCE commitments on democratization and human rights in Central Asia is the single greatest problem facing the OSCE. For that reason, I am introducing this resolution expressing concern about the general trends in the region, to show Central Asian presidents that we are not taken in by their facade, and to encourage the disheartened people of Central Asia that the United States stands for democracy. The resolution calls on Central Asian countries to come into compliance with OSCE commitments on democracy and human rights , and encourages the Administration to raise with other OSCE states the implications for OSCE participation of countries that engage in gross and uncorrected violation of freely accepted commitments on human rights . Mr. Speaker, I hope my colleagues will join me, Mr. Hoyer, and Mr. Forbes in this effort and we welcome their support.

  • The Situation in Dagestan

    This briefing addressed the security challenge face by Russia in the Northern Caucasus in light of an outbreak of fighting in Dagestan in response to unemployment and rampant crime. The potential role of the OSCE in achieving peace in Dagestan in a similar manner to its mission in Chechnya was discussed. Witnesses testifying at the briefing – including Dr. Robert Bruce Ware, a professor in the Department of Philosophical Studies at Southern Illinois University, and Dr. Zulfia Kisrieva-War a native from Dagestan – evaluated potential responses to several questions, including who the combatants in Dagestan are; their aims; why the region is such a volatile area; and whether Moscow has a coherent broad-based strategy for achieving peace and prosperity in the region. Historical background on the conflict and strategies for the international community to pursue moving forward were also topics of discussion.

  • Uzbekistan's Litany of Violations

    Mr. Speaker, as Chairman of the Commission on Security and Cooperation in Europe, I rise today to highlight the persecution of religious believers in Uzbekistan. The problem is worsening by the day, as the crackdown continues under the guise of “anti-terrorism.” While there is some justifiable threat of terrorism, the widespread violations of rule of law and human rights perpetrated by authorities are not defensible, especially in light of Uzbekistan's OSCE commitments. Under President Islam Karimov, Uzbekistan has been the second most repressive former Soviet republic, next to Turkmenistan. Karimov has used new constitutions and referendums extending his tenure to remain in office, where he seems determined to stay indefinitely. In mid-1992, he cracked down on all opposition parties, driving them underground or into exile, and all opposition or independent media were eliminated. In Uzbekistan today, human rights are systemically violated. Arbitrary arrests, abuse and torture of detainees are pervasive, and flagrantly politicized judicial proceedings are routine. According to Human Rights Watch/Helsinki Watch, there are well over 200 individuals who are prisoners of conscience either for their religious or political activities. Defendants have been convicted of criminal offenses based on forced confessions and planted evidence. The regime has also refused to register independent human rights monitoring organizations (the Human Rights Society and the Independent Human Rights Society), while groups which cooperate closely with the government (Society for the Protection of the Rights of the Individual) have been registered without delay. On June 25, Uzbek police savagely beat Mikhail Ardzinov, one of the country's most prominent human rights activists. A key component of Uzbekistan's assault on human rights has been a thorough campaign against religious believers. Since 1997, hundreds of independent Muslim activists and believers associated with them have been arrested. In February of this year, bombs exploded in the capital, Tashkent, which killed sixteen bystanders and damaged government buildings, narrowly missing President Karimov and government officials. Karimov accused Muslim activists of having carried out a terrorist attack intended to assassinate him. The harassment and detention of Muslim activists has greatly intensified since then and an ongoing series of show trials had discredit them as dangerous religious extremists. Last month, six people were sentenced to death and another 16 received prison terms ranging from eight to 20 years in a trial that by no means met Western standards for due process. Since then, two arrested Muslims have died in prison, and there is no sign of a let up. President Karimov has argued that the threat of Islamic fundamentalism in Central Asia's most populous and traditional state necessitates a hard line, especially because Islamic radicals from neighboring Tajikistan, Afghanistan and Pakistan are determined to subvert Uzbekistan's secular, developing democracy. But the state's repressive policies are radicalizing Muslims and turning them against the regime. Non-Muslims faiths, particularly Christians, have also been subjected to harassment, imprisonment and violations of their religious liberty, especially those who share their faith and are actively meeting. According to Compass Direct, Ibrahim Yusupov, the leader of a Pentecostal church in Tashkent, was tried and sentenced last month to one year in prison on charges of conducting missionary activity. Another court in June sentenced Christian pastor Na'il Asanov to five years in prison on charges of possession of drugs and spreading extremist ideas. As with other cases mentioned below, witnesses attest that police planted a packet of drugs on Pastor Asanov and also severely beat him while he was in detention. Also in June, three members of the Full Gospel Church in Nukus were sentenced to long prison sentences. Pastor Rashid Turibayev received a 15-year sentence, while Parhad Yangibayev and Issed Tanishiev received 10-year sentences for “deceiving ordinary people” as well as possessing and using drugs. Their appeal was denied on July 13. Reports indicate that they have suffered severe beatings in prison, have been denied food and medical attention, and their personal possessions have been confiscated by the police, leaving their families destitute. Recently, the most senior Pentecostal leader in Uzbekistan, Bishop Leonty Lulkin, and two other church members were tried and sentenced on charges of illegally meeting. The sentence they received was a massive fine of 100 times the minimum monthly wage. The leaders of Baptist churches, Korean churches, the Jehovah's Witnesses, as well as many others, have also been subjected to harsh legal penalties. Although they have filed for registration, local authorities refused to sign their documents. Mr. Speaker, the State Department's report on Human Rights Practices for 1998 reported that the Uzbekistan law on religion “limits freedom of religion” with strict registration requirements which make it virtually impossible for smaller church organizations to gain legal status. The law passed in June 1998, “prohibits proselytizing, bans religious subjects in school curriculums, prohibits teaching of religious principles, forbids the wearing of religious clothing in public by anyone except clerics, and requires all religious groups and congregations to register or re-register.” Also approved last May was a second law establishing the penalties if one were convicted of violating any of the statutes on religious activities. The penalties can range anywhere from lengthy prison sentences, massive fines, and confiscation of property, to denial of official registration rights. On May 12 of this year, Uzbekistan tightened its Criminal Code, making participation in an unregistered religious group a criminal offense, punishable by a fine equivalent to fifty times the minimum monthly wage or imprisonment of up to three years. Mr. Speaker, these actions indicate that the policies of the Government of Uzbekistan toward religious groups are not moving in the right direction. In fact, these initiatives are in direct violation to Uzbekistan's OSCE commitments, including Article 16.3 of the Vienna Concluding Document which states that “the State will 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 the respective countries.” In the Copenhagen Concluding Document of 1990 Article 9.1, Uzbekistan has committed to “reaffirm that everyone will have the right to freedom of expression including the right to communication. This right will include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.” Uzbekistan's current course of strangling all forms of religious discourse is a flagrant, deliberate, and unrelenting violation of these principles. Last year Congress overwhelmingly passed the Religious Freedom Act of 1998 which reaffirmed the United States' commitment to supporting religious freedom abroad through U.S. foreign policy. Considering the litany of violations affecting religious liberty and the ongoing persecution of believers, it is time for Congress to consider our aid programs to Uzbekistan, including our military cooperation programs which cost about 33 million dollars in this year alone. Congress should also reconsider our trade relationship with Uzbekistan and scrutinize other programs such as Cooperative Threat Reduction where we can leverage our influence to help protect religious liberty and human rights.

  • Developments in Belarus

    Mr. Speaker, today marks the expiration of the term of office of authoritarian Belarusian President Alyaksandr Lukashenka under the 1994 Belarusian Constitution. To nobody's surprise, Mr. Lukashenka is not abandoning his office, having extended his term of office until 2001 using the vehicle of an illegitimate 1996 constitutional referendum.   Since Lukashenka was elected five years ago, Belarus has witnessed nothing but backsliding in the realm of human rights and democracy and a deterioration of the economic situation. 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. At the root of these violations lies the excessive power usurped by President Lukashenka since his election in 1994, especially following the illegitimate 1996 constitutional referendum, when he disbanded the Supreme Soviet and created a new legislature subordinate to his rule.   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. 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 Helsinki Commission, which I Chair, has extensively monitored and reported on the sad situation in Belarus, and has attempted to encourage positive change in that country through direct contacts with Belarusian officials, as well as through the Organization for Security and Cooperation in Europe. The OSCE Parliamentary Assembly meeting in St. Petersburg earlier this month overwhelmingly supported a resolution encouraging democratic change in Belarus, including the conduct of free and fair elections next year.   As Chairman of the U.S. delegation to the OSCE PA, I urged my fellow parliamentarians to join me in calling for the release of ex-Prime Minister Mikhail Chygir and the guarantee of free access to the media by opposition groups. In addition, I joined 125 delegates representing 37 of the 54 participating States in signing a statement which offered more harsh criticism of the political situation in Belarus, condemned the use of violence against Supreme Soviet members and representatives of the democratic opposition, and protested their detention.   Within the last few days, there appears to be some glimmer of hope in the gloomy Belarusian predicament. According to a July 17 joint statement by the OSCE PA ad hoc Working Group on Belarus and the OSCE Advisory and Monitoring Group (AMG) in Belarus: “The Belarusian President states his commitment to the holding of free, fair and recognizable parliamentary elections in Belarus next year, as well as his support for a national dialogue on elections to be held between the government and the opposition.” I agree with the Working Group and AMG's emphasis on the importance of “access to electronic media for all participants in the negotiations, and a political climate free of fear and politically motivated prosecution.” Mr. Speaker, while I welcome this statement, I remain guarded, given Mr. Lukashenka's track record. I very much look forward to its implementation by the Belarusian Government, which could be a positive step in reducing Belarus' isolation from the international community and the beginnings of a reversal in the human rights situation in that country.

  • 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.

  • Serbia, Montenegro, and Kosovo: The Views of Local Human Rights Advocates

    This briefing addressed the current situation of human rights in the former Yugoslavia and examined the role of the OSCE in bringing human rights to the forefront and attempting to hold governments accountable to their commitments in the post-Cold War era. Representatives from the Helsinki Committees in Montenegro and Kosovo, as well as the Director of the International Helsinki Foundation, were present at the briefing and spoke about the difficulties of raising awareness about human rights problem in each country with respect for the individual circumstances within the countries, and about the steps that might be taken in the future regarding increasing transparency within human rights.

  • Democratization and Human Rights in Kazakhstan

    This hearing reviewed the democratization process, human rights, and religious liberty in Kazakhstan. This was one in a series that the Helsinki Commission has held on Central Asia. The hearing focused on Kazakhstan for two reasons: first, the country held a presidential election, almost 2 years ahead of schedule. The OSCE’s Office of Democratic Institutions and Human Rights, used unusually strong language, and criticized the conduct of the election as far short of meeting OSCE commitments. The witnesses gave testimony surrounding the legal obstacles in the constitution of Kazakhstan and other obstacles that the authoritarian voices in the government use to suppress opposition.

  • Children's Day in Turkey

    Mr. Speaker, later this week the Republic of Turkey will celebrate “Children's Day” as has been the custom every April 23rd since the early 1920s. Such festive occasions are important reminders of the wonderful blessing that children are to family and society alike. Regrettably, the joy of this celebration will not be shared by all children in Turkey.   Recently, I chaired a hearing of the Helsinki Commission that reviewed human rights practices in Turkey, an original signatory to the 1975 Helsinki Final Act. The disturbing testimony presented at that hearing underscored the vulnerability of children. Assistant Secretary of State for Democracy, Human Rights and Labor, Harold Koh, cited the case of two-year-old Azat Tokmak to illustrate how terrible and dehumanizing the practice of torture is for everyone involved, including children. Azat was tortured, according to Mr. Koh, in an effort to secure a confession from her mother. He testified: “In April [1998] the Istanbul Chamber of Doctors certified that Azat showed physical and psychological signs of torture after detention at an Istanbul branch of the anti-terror police. Azat's mother, Fatma Tokmak, was detained in December 1996 on suspicion of membership in the Kurdistan Workers Party (PKK). Azat was burned with cigarettes and kicked in an effect to make her mother confess.” Mr. Speaker, we are talking about a two-year-old child, a baby, being tortured by police.   At the same March 18th hearing, Stephen Rickard, Director of the Washington Office of Amnesty International USA, observed, “There is something Orwellian about calling units that torture and beat children and sexually assault their victims “anti-terror” police.” Mr. Rickard displayed a photograph of Done Talun, a twelve-year-old girl from a poor neighborhood in Ankara, to give a human face to the problem of torture in Turkey. “For five days, she was beaten and tortured while her frantic family asked for information about her whereabouts and condition,” Rickard said. Done was accused of stealing some bread. Her torture reportedly occurred at the Ankara Police Headquarters. “Is this young girl's case unique? Unfortunately, it is not,” he concluded. Mr. Rickard presented the Commission with a recent AI report: “Gross Violations in the Name of Fighting Terror: The Human Rights Record Of Turkey's ‘Anti-Terror’ Police Units.” The report includes a section on the torture of children.   Mr. Douglas A. Johnson, Executive Director of the Center for Victims of Torture, testified that there are thirty-seven different forms of torture practiced in Turkey today. Addressing the torture of children, Johnson observed, “twenty percent of our clients over the years were tortured when they were children, and usually that was to use them as a weapon against their parents,” similar to the case of two-year-old Azat Tokmak.   Mr. Speaker, I urge the Clinton Administration to press the Government of Turkey to eliminate the climate of impunity that has allowed children like Azat and Done to be subjected to such gross abuse at the hands of the police. Then, and only then, will children such as these, “the least of these,” be able to fully partake in the joy of this special Children's Day set aside to celebrate their lives and those of all children in Turkey.

  • The Long Road Home – Struggling For Property Rights in Post-Communist Europe

    In this hearing, presided over by Rep. Chris Smith (NJ-04), the focus was on property restitution. Discussed by Smith, Campbell, other legislators, and witnesses – Stuart E. Eizenstat, Under Secretary of State for Economic, Business and Agricultural Affairs and U.S. Special Envoy for Property Claims in Central and Eastern Europe; Michael Lewan, Chairman, United States Commission for the Preservation of America’s Heritage Abroad; Bishop John Michael Botean, Romanian Catholic Diocese of Canton, Ohio; Vladislav Bevc, Ph.D., Executive Officer, American Owners of Property in Slovenia; Jan Sammer, The Czech Coordinating Office (non-governmental organization), Toronto, Canada; and, Vytautas Sliupas, Lithuanian “Class Action Complaint Group” – at issue was ill treatment and discrimination of religious communities. Smith stated, “Ill treatment afforded some religious communities suggests that religious inequality and discrimination are often at the heart of a government’s restitution policies rather than economic constraints or other legitimate issues that need to be worked through.” Likewise, Campbell stated, “Property restitution and compensation are not favors these newly free countries do for those who fled for their lives. They are essential steps forward in their own economic and political development.”

  • Concerning Anti-Semitic Statements by Members of the Duma of the Russian Federation

    Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 37) concerning anti-Semitic statements made by members of the Duma of the Russian Federation, as amended. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H. Con. Res. 37 condemns anti-Semitic statements made by members of the Russian Duma and commends actions taken by fair-minded members of the Duma to censure the purveyors of anti-Semitism within their ranks. H. Con. Res. 37 further commends President Yeltsin and other members of the Russian Government for their rejection of such statements. Finally, this resolution reiterates the firm belief of the Congress that peace and justice cannot be achieved as long as governments and legislatures promote policies or let stand destructive remarks based on anti-Semitism, racism, and xenophobia.   Mr. Speaker, with the fall of the ruble last August and the associated economic problems in Russia, there has been a disturbing rise in anti-Semitic statements by high Russian political figures. Unfortunately, anti-Semitism has always had a certain following in Russia; and it would be disingenuous of us to suggest that there is no anti-Semitism in the United States or other parts of the world. But I believe we cannot remain silent when members of the national legislature of Russia, a participating state of the OSCE and the Council of Europe, should state at a Duma hearing, as did the chairman of the Duma Security Committee, Mr. Ilyukhin, that Russian President Yeltsin's “Jewish entourage” is responsible for alleged genocide against the Russian people. It is an affront to human decency that Duma member and retired General Albert Makashov, speaking twice in November 1998 at public rallies, should refer to “the Yids” and other “reformers and democrats” as responsible for Russia's problems and threaten to make a list and “send them to the other world.”   Mr. Speaker, this man, and I have seen a tape recording of him, as a matter of fact I played it at a Helsinki Commission hearing that I chaired last January, has said, “We will remain anti-Semites and we must triumph.” These are dangerous, hate-filled sentiments. Mr. Speaker, it should be noted and clearly stated that President Yeltsin and his government have condemned anti-Semitism and other expressions of ethnic and religious hatred. There have been attempts in the Duma to censure anti-Semitic statements and those who utter them. However, the Duma is controlled, as we all know, by the Communist Party, where anti-Semitic statements are either supported, or at least tolerated, and these attempts to censure have failed. So we must go on the record and censure. In fact, Communist Party Chairman Zyuganov has tried to rationalize anti-Semitic statements by fellow party members. He explains that the party has nothing against Jews, just Zionism. He has also stated that there will be no more anti-Semitic statements by General Makashov. But this is the same Mr. Zyuganov who has asserted that, and I quote, “too many people with strange-sounding family names mingle in the internal affairs of Russia.” And this is the party that claims to inherit that internationalist mantle of the old Communist Party.   Mr. Speaker, on January 15 of this year, I chaired a Helsinki Commission hearing regarding human rights in Russia, at which time we heard testimony by Lyuda Alexeeva, a former Soviet dissident and chairperson of the Moscow Helsinki Group. She testified that the Russian people themselves are not anti-Semitic but that the Communist Party is tolerating this crude attitude among its ranks. She called upon parliamentarians throughout the world to protest in no uncertain terms the position of the Communist Party and its anti-Semitic leaders. Let us make that a priority for us today, to censure, to speak out so that the democratic forces in Russia, the decent people who are trying to create a civil society in Russia, are not silenced by these demagogues of hate. I urge strong support for this resolution. We must go on record. Mr. Speaker, I reserve the balance of my time.

  • 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.

  • Property Restitution in the Czech Republic

    Mr. Speaker, I rise today to express my concern over recent setbacks in the return of expropriated properties to rightful owners in the Czech Republic. As Chairman of the Commission on Security and Cooperation in Europe, I have followed property restitution issues in Central and Eastern Europe over the past several years with an eye toward determining whether the restitution and compensation laws adopted in this region are being implemented according to the rule of law and whether American citizens' interests are protected under the laws. While restitution and compensation programs in several East-Central European countries have aspects of concern, today I want to bring attention to the status of restitution in the Czech Republic because of recent troubling developments there.   Since the Velvet Revolution, the Czech Republic has adopted laws that provide for the return of private property confiscated by Nazi or communist regimes. When the actual return of property is not possible, these laws offer former owners the right to receive alternate compensation. Regrettably, Czech laws limit these rights to those who had Czechoslovak citizenship when the restitution law was adopted or who acquired citizenship before the deadline for filing restitution claims. As a result, former Czechoslovak citizens who fled to the United States seeking refuge from fascism or communism earlier this century, and are now American citizens, have been precluded from making restitution claims unless they renounce their American citizenship.   Ironically, had these same individuals fled to Canada, Israel, or any country other than the United States, they would not have lost their Czech citizenship and would today be eligible to receive restitution or compensation. This result stems from a treaty signed in 1928 by the United States and Czechoslovakia that automatically terminated a person's citizenship in the United States or Czechoslovakia if that person became a citizen of the other country. That treaty was terminated in 1997, but its impact remains: under Czech law, Czech Americans are not eligible for dual citizenship in the Czech Republic. Therefore, without abandoning the citizenship of the country that took them in during their time of need, the law denies them the right to receive restitution or compensation as others have. In other words, the citizenship requirement in the Czech property restitution laws discriminates against American citizens. Moreover, it is difficult for me to think that this discrimination was simply an unintended consequence.   In the 105th Congress, the House adopted my resolution, H. Res. 562, which urges the formerly totalitarian countries in Central and Eastern Europe to restore wrongfully confiscated properties, and specifically calls on the Czech Republic to eliminate this discriminatory citizenship restriction. In this regard, the resolution echoes the view of the United Nations Human Rights Committee (UNHRC) which has concluded in two cases that these citizenship restrictions violate the anti-discrimination clause (Art. 26) of the International Covenant on Civil and Political Rights. I recently learned that the UNHRC has agreed to hear at least four more cases that challenge these restrictions. The persuasiveness of the UNHRC's reasoning, when it determined that the citizenship restriction in the restitution law is discriminatory, was compelling. Unfortunately, the Czech Parliament last month debated and rejected a proposed amendment to the law that would have eliminated Czech citizenship as a condition for property restitution claims. This approach was widely considered the most effective remedy to a serious problem. In rejecting the amendment, the parliament missed an excellent opportunity to resolve this long-standing and contentious issue between the Czech Republic and the United States. While I deeply regret the parliament's decision, I hope that the Czech Government will now seek alternative means to end the discrimination against Czech Americans.   In January, several weeks before the parliament voted down the restitution amendment, Deputy Foreign Minister Martin Palous assured me that his government planned to propose a new citizenship law that would permit dual citizenship for Czech Americans. I was heartened to learn that last month the Czech Government introduced this amendment and it is my hope that its early passage will be followed by a reopening of the claims filing period for those individuals who, by virtue of acquiring dual citizenship, will become eligible for property restitution or compensation.   Another disturbing situation involves the case of restitution to the “double victims” in the Czech Republic: those individuals, primarily Jews, whose properties were confiscated during World War II by Nazis and then again by the communists that swept the region in the postwar era. One case, for example, is that of Susan Benda who is seeking compensation for an expropriated house in the town of Liberec where her father and his brother grew up. Susan's grandparents were killed by the Nazis and her father and uncle fled their homeland in 1939. The family home was “sold” in 1940 to a German company in a transaction subsequently invalidated by a 1945 Czech presidential decree. In 1994, the Czech Parliament expanded its earlier restitution law to allow individuals whose property was originally confiscated by Nazis between the years 1938-45 to join those whose property was taken by communists in claiming restitution. Under the amended laws, Susan Benda is theoretically eligible to receive restitution of, or compensation for, the home in Liberec. Notwithstanding the Czech Government's purported intention to restore Jewish property seized by the Nazis, However, the Czech Ministry of Finance has arbitrarily imposed additional onerous and burdensome conditions for restitution that do not appear in the law and which, in fact, appear designed to defeat the intent of the law. Beyond the citizenship requirement in the law, the Ministry of Finance has declared that claimants must prove that they were entitled to file a claim under a postwar 1946 restitution law, that they did file a claim, and that the claim was not satisfied. Remarkably, Susan Benda found a record in the Liberec town hall which establishes that her uncle returned to Czechoslovakia and filed a restitution claim in 1947. Next, the Finance Ministry requires claimants to prove that a court expressly rejected the postwar claim. In a country that has endured the political and social turmoil of the Czech Republic over the past half-century, the notion that claimants in the 1990s must prove, not only that a court considered a certain case more than fifty years ago, but also must produce a record of the court's decision in the case, is outrageous. Susan Benda was able to produce a claim of title showing that the house was stolen by the Nazis in 1940, confiscated by the communist Czech Government in 1953 and purchased from the Czech Government in 1992 by its current owner-occupant. While Susan cannot produce a document showing that the court actually considered, and then rejected, her uncle's postwar claim, the chain of title and the witness testimony confirm that the Benda family never got the house back, in itself simple, dramatic proof that the postwar claim was not satisfied. Apparently, however, this proof was not sufficient for the Czech authorities and Susan Benda was forced to sue the Ministry of Finance. Last September, more than three years after filing the claim, Susan Benda was vindicated when a Czech court agreed with her assertion that the Finance Ministry should not have attached the extralegal requirements for restitution. The court ordered the Finance Ministry to pay the Benda family compensation for the value of the expropriated house.   I wish Susan Benda's story could end here but it does not, the Czech Government has appealed the court decision apparently fearful that a precedent would be set for other claims, that is, out of a fear that property might actually be returned under this law. Thus, while the Czech Government proclaims its desire to address the wrongs of the past, those who, like Susan Benda, seek the return of wrongfully confiscated property are painfully aware that the reality is much different.   Another case that has come to my attention involves Peter Glaser's claim for a house in the town of Zatec. After the 1948 communist takeover in Czechoslovakia, Peter Glaser sought to immigrate to the United States. To obtain a passport, Mr. Glaser was forced to sign a statement renouncing any future claims to his home. In 1954, Mr. Glaser became an American citizen; in 1962, the communist Czech Government officially recorded the expropriation of Mr. Glaser's home in the land records. In 1982, the United States and Czechoslovakia signed an agreement that settled the property loss claims of all American citizens against Czechoslovakia. The U.S. Government agency charged with carrying out the settlement advised Mr. Glaser that, because he was a Czechoslovak citizen when his property was taken, according to the U.S. Government, this occurred in 1948 when Mr. Glaser was forced under duress to relinquish the rights to his house, he was not eligible to participate in the claims settlement program but must rather seek redress for his property loss under Czech laws. When the post-communist Czech Republic passed a property restitution law in 1991, Peter Glaser filed his claim. In a cruel irony, despite presenting documentation from the U.S. Government attesting to the fact that Mr. Glaser was not eligible to participate in the U.S.-Czechoslovakia claims settlement program, the Czech Courts have repeatedly rejected his claim on the grounds that he was an American citizen at the time his property was taken, which, according to the Czech Government, occurred in 1962. The Czech Government asserts that Mr. Glaser's claims were settled and should have been compensated under the 1982 agreement. In other words, the current Czech Government and courts have adopted the communist fiction that although Mr. Glaser's property was expropriated in 1948, somehow the confiscation did not count until 1962, when the communists got around to the nicety of recording the deed. This rationalization by Czech authorities looks like a back door attempt to avoid restitution. The reality of what happened to the property in Zatec is clear: Peter Glaser lost his home in 1948 when a totalitarian regime claimed the rights to his house in exchange for allowing him to leave the oppression and persecution of communist Czechoslovakia. As the Czech Government knows, communist expropriations, whether effectuated by sweeping land reform laws, as a condition or punishment for emigration, or under other circumstances, frequently went unrecorded in land registries, but that did not make the loss any less real for the victims. For the Czech Government today to cling to technicalities, such as the date the communists officially recorded their confiscation in the land registry, as a means to avoid returning Peter Glaser's home is a sobering indication of the Czech Government's true commitment to rectifying the wrongs of its communist past.   Mr. Speaker, the issue of property restitution is complex. No easy solutions exist to the many questions that restitution policies raise. Nonetheless, when a country chooses to institute a restitution or compensation program, international norms mandate that the process be just, fair and nondiscriminatory. The Czech Government has failed to live up to these standards in the cases I cited. The Czech Government must end the discrimination against Czech Americans in the restitution of private property. Moreover, the rule of law must be respected. I call on the Czech Government to reconsider its disposition in the Benda and Glaser cases. Czech officials often say that aggrieved property claimants can seek redress in the courts for unfavorable decisions. However, when claimants do just that, as did Peter Glaser and Susan Benda, the Czech Government asserts outrageous or technical defenses to thwart the rightful owner's claim or simply refuses to accept a decision in favor of the claimant. Fortunately, Mr. Glaser, Ms. Benda, and others like them, have pledged to fight on despite mounting costs and legal fees that they will never recoup. The passion and determination of Peter Glaser and Susan Benda, as of all victims of fascism and communism in Central and Eastern Europe, reveal that what may look to some as a battle for real estate is ultimately a search for justice and for peace with the past.

  • 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.

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