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statement
Democracy Under Siege in Belarus
Thursday, May 10, 2001Mr. President, I wish to update my Senate colleagues on developments in Belarus in my capacity as Chairman of the Commission on Security and Cooperation in Europe, the Helsinki Commission. The Commission continues to pay close attention to events in Belarus especially as they impact democracy, human rights and the rule of law. May 7 marked the second anniversary of the disappearance of Yuri Zakharenka, the former Belarusian Minister of Internal Affairs. In 1999, General Zakharenka, who had been critical of Belarusian leader Alexander Lukashenka and had attempted to form a union of officers to support democracy, was put in a car by unidentified men and taken away. He has not been heard from since. His fate is probably similar to other prominent Belarusian opposition figures who have disappeared over the last few years, notably Victor Hanchar, Antaloy Krasovsky and Dmitry Zavadsky. The Belarusian authorities have had no success in investigating these disappearances; indeed, there are indications that the regime of Alexander Lukashenka may have been involved. Opinion polls in Belarus have shown that a clear majority of those who are aware of the disappearances believe that they are the work of the Lukashenka regime. These disappearances embody the climate of disregard for human rights and democracy that has persisted since the election of Mr. Lukashenka in 1994. That disregard has intensified following his unconstitutional power grab in November 1996. Presidential elections are planned for later this year. Unfortunately, recent developments in Belarus do not inspire confidence that these elections will meet OSCE standards for free and democratic elections. Despite commitments made to the OSCE, Belarusian authorities continue to unlawfully restrict freedom of assembly and to beat and detain participants in peaceful demonstrations, as illustrated by the April 21 protest by youth activists. On April 27, Valery Shchukin, deputy of the disbanded Belarusian parliament, received a three month sentence for the dubious charge of ``malicious hooliganism.'' And on May 7, police arrested opposition activists who marked the anniversary of Yuri Zakharenka's disappearance. The activists held placards reading: ``Where is Zakharanka?''; ``Who's Next?''; and ``Where are the Disappeared People--Zakharanka, Hanchar, Krasousky, Zavadsky?'' Lukashenka continues his harsh assault on OSCE's efforts to develop democracy, characterizing domestic elections observers supported by the OSCE Advisory and Monitoring Group (AMG) as ``an army of bandits and collaborationists.'' This is only the last in a series of incredible accusations against the international community, including far-fetched allegations that $500 million had been earmarked in support of the opposition candidates. On April 25, the OSCE Representative on Freedom of the Media Friemut Duve canceled his visit to Belarus to protest the denial of a visa to his senior advisor, a U.S. diplomat Diana Moxhay who had earlier served at the U.S. Embassy in Miensk. The visit was to have examined the difficult media environment in Belarus, especially in light of the forthcoming presidential elections. I continue to have grave concerns that Presidential Directive No. 8, which imposes restrictions on assistance from abroad offered to NGOs for democracy building and human rights including election monitoring, could be used to block NGO activities and important OSCE AMGroup projects in Belarus. These and numerous other recent occurrences call into question the Belarusian government's willingness to comply with freely undertaken OSCE commitments and raise doubts as to whether the Lukashenka regime intends to conduct the upcoming elections in a manner consistent with international standards. As Chairman of the Helsinki Commission, I call upon the Belarusian authorities to conduct a real and public investigation of the disappearances. Furthermore, I urge the Belarusian Government to take the steps necessary in order for the presidential elections to be recognized as free and democratic as outlined by the March 7 Final Statement of the Parliamentary Troika. These are: transparency and democracy in the preparation and implementation of the elections, in particular the process of registration of the candidates, the composition of electoral commissions and counting of votes; equal access for all candidates to the mass media; refraining from harassment of candidates, their families and supporters; and freedom in carrying out their work for all those engaged in domestic election observation.
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statement
The Moscow Helsinki Group
Thursday, May 10, 2001Mr. President, May 12th marks the twenty-fifth anniversary of the founding of one of the most significant human rights groups of the 20th century, the Moscow Group to Monitor Implementation of the Helsinki Final Act. On August 1, 1975, the United States, Canada, and thirty-three nations of Europe, including the Soviet Union, signed the Final Act of the Conference on Security and Cooperation in Europe, the Helsinki Final Act. Among the agreement's provisions was a section devoted to respect for human rights and fundamental freedoms. The Soviet government viewing the document as a great foreign policy victory published the text, in its entirety, in “Pravda,” the Communist Party's widely circulated newspaper. That move proved to be decisive for the cause of human rights in the Soviet Union. A small group of human rights activists in Moscow, led by Professor Yuri Orlov, read the Helsinki Accords carefully and decided to take their government at its word. On May 12, 1976, at a press conference initiated by Dr. Andrei Sakharov, the group announced the creation of the “Moscow Group for Assistance in Implementation of Helsinki Agreements,” soon to be known simply as the Moscow Helsinki Group. Needless to say, the Soviet authorities were not pleased that a group of private citizens would publicize their government's deplorable human rights record. The KGB swept down on the Moscow Helsinki Group and made its work almost impossible. Members were imprisoned, sent to “internal exile,” expelled from the country, slandered as foreign agents, and harassed. Despite considerable hardship and risks, members of the group persisted and their work served to inspire others to speak out in defense of human rights. Soon similar groups sprang up elsewhere in the Soviet Union dedicated to seeking implementation of the Helsinki Final Act. By 1982, the three remaining members at liberty in Moscow were forced to suspend their public activities. Eventually, domestic and international pressure began to bear fruit and helped usher in dramatic changes under Soviet leader Mikhail Gorbachev. Political prisoners and prisoners of conscience began to be freed and longstanding human rights cases were resolved. In 1989, the Moscow Helsinki Group was reestablished by former political prisoners and human rights activists. In 1996, President Boris Yeltsin signed a decree formally recognizing the contribution of the Moscow Helsinki Group in the campaign to promote respect for human rights in Russia. Mr. President, ten years after the fall of the Soviet Union, the Moscow Helsinki Group continues to promote human rights and fundamental freedoms in the Russian Federation. Working with a network of human rights centers throughout the country, the Moscow Group provides a wide range of assistance to Russian citizens and residents seeking information about human rights. As Chairman of the Commission on Security and Cooperation, I congratulate the Moscow Helsinki Group on its 25th anniversary and wish its members the best in their continued endeavors. Thank you, Mr. President. I yield the floor.
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statement
Resolution on Kalmyk Settlement in America
Tuesday, May 08, 2001Mr. Speaker, today I am introducing a resolution congratulating the Kalmyk people in the United States on the fiftieth anniversary of their settlement in this country. The resolution also encourages continuing scholarly and educational exchanges between the Russian Federation and the United States to encourage better understanding and appreciation of the Kalmyk people and their contributions to the history and culture of both countries. The Kalmyks were originally an ethnic Mongolian nomadic people who have inhabited the Russian steppes for around 400 years. The present Kalmyk Republic of the Russian Federation is located north of the Caspian Sea in southern Russia. During World War II, the Kalmyk people were one of the seven “punished peoples'' exiled en masse by Stalin to “special settlements'' in Siberia and Central Asia for allegedly collaborating with the Nazis. There were about 170,000 deportees. After World War II, several hundred Kalmyks who managed to escape the Soviet Union were held in Displaced Persons camps in Germany. For several years, they were not allowed to emigrate to the United States because of prejudice against their Mongolian ethnicity. However, on July 28, 1951, the Attorney General of the United States issued a ruling which cleared the way for the Kalmyk people in the Displaced Persons camps in Germany to enter the United States. In the fifty years since their arrival, the Kalmyk emigres and their descendants have survived and prospered. Moreover, they are the first community of Tibetan Buddhists to settle in the United States. While adapting to much of America's diverse and modern culture, the Kalmyk have also sought to preserve their own unique traditions. Many continue to practice the Tibetan Buddhist religion. Since the collapse of the Soviet Union, the Kalmyk community of the United States has been able to re-establish contact with the Kalmyk people in the Russian Federation. For the past ten years, a wide exchange has been developed between relatives, students and professionals. Mr. Speaker, our country is so much richer for the presence of our Kalmyk-American citizens. I urge my colleagues to join me and my colleagues Mr. Hoyer, Mr. Pitts, Mr. Cardin, Mr. Wamp, and Mr. Hastings, in congratulating the Kalmyk-American community on the fiftieth anniversary of their settlement in the United States by cosponsoring and supporting this resolution.
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hearing
Ukraine at the Crossroads: Ten Years After Independence
Wednesday, May 02, 2001This hearing discussed Ukraine’s future, given its pervasive, high-level corruption, the controversial conduct of authorities in the Gongadze investigation, and ongoing human rights problems. Commissioners and witnesses mentioned how these issues discouraged foreign investment and expressed a desire on behalf of the U.S. Congress for the country to succeed as an independent, democratic, stable, and economically successful state. Commissioners and witnesses discussed how the United States could best help Ukraine achieve this.
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statement
Atmosphere of Trust Missing in Belarus
Tuesday, May 01, 2001Mr. Speaker, this fall, the Belarusian Government is planning to hold their second presidential elections since independence. Judging by the continuing actions of the repressive regime of Aleksandr Lukashenka, free, fair, and transparent elections--consistent with Belarus' freely undertaken OSCE commitments--will be very difficult to achieve. Democratic elections require an all-encompassing atmosphere of trust and a respect for basic human rights. Unfortunately, recent actions in Belarus do nothing to encourage such trust. Most recently, on March 25, Belarusian authorities cracked down on participants of the Independence Day march, arresting and beating several protestors, subsequently fining and jailing some, including Belarusian Popular Front Chairman Vintsuk Vyachorka, who received a 15-day sentence on March 29, Ales Byaletsky, head of the human rights center "Viasna", who received a 10-day sentence, and Yuri Belenky, acting chairman of the Conservative Christian Party, who also received a 10-day sentence. Also detained and beaten was 17-year-old Dmitri Yegorov, a photojournalist for a Grodno-based, non-state newspaper. On the day of the march, Belarusian state television accused the opposition of “seeking to draw Belarus into some bloody turmoil", reflecting its increasingly shrill tone of late. Earlier this year, for instance, Belarusian television claimed the CIA was intensifying "subversive activity" as the presidential election draws nearer. On March 24, Belarus' KGB chief pledged on Belarusian television to intensify surveillance of foreigners in order to prevent them from interfering in the country's domestic matters. On March 12, Lukashenka signed Decree #8, which essentially imposes restrictions from abroad offered to NGOs for democracy building and human rights, including election monitoring. Moreover, the Belarusian Government has claimed that the OSCE Advisory and Monitoring Group's (AMG) domestic election observation project does not conform with the Belarusian Constitution and Mr. Speaker, I am also concerned about recent assaults on religious communities. Last month, the Council of Ministers restricted visits by foreign clergy for “non-religious" purposes--including contact with religious and other organizations, participation in conferences and other events, or charitable activities. Government officials are also refusing to register some Reform Jewish communities because they do not have “legal'' addresses. In February, state-controlled Belarusian television aired a documentary alleging Catholicism as a threat to the very existence of the Belarusian nation. And in January, leaders of Belarus' Protestant community alleged that state newspapers carried biased articles that present Pentecostals as “wild fanatics." Religious freedom is not the only liberty in peril. Freedom of the press and of self-expression are also in jeopardy. Editors of a variety of newspapers are being fined on fictitious and trumped-up charges for violating the Law on Press and Other Mass Media. Various periodicals are being confiscated and destroyed, and distributors of independent newspapers have been arrested. Youth organizations have been accused of engaging in activities that weaken the Belarusian statehood and undermining socioeconomic stability. Teenagers have been arrested for picketing and protesting, and others have been detained for distributing newspapers or pasting stickers advocating reform and calling on the authorities to solve the cases of political disappearances. Belarusian Television and Radio (BTR) has also canceled scheduled addresses to be made by potential presidential candidates or opposition leaders. The Deputy Minister of Education has ordered heads of the educational community to ban seminars conducted by the People's University. Lukashenka has also undertaken repressive acts against the potential presidential candidates and their families in an attempt to thwart their campaign progress. Family members of former Prime Minister Mikhail Chigir have become the target of persecution. Chigir's wife has been accused of interfering with the work of the police, and his son, Alexander, has been charged with large scale larceny. Chigir is not the only potential candidate whose actions have been thwarted by Lukashenka. Semyon Domash's meeting with potential voters at the Tourist Hotel was canceled on orders from the Mogilev authorities and a director of the clubhouse of the Brest Association of Hearing-Impaired People lost her job after hosting a February 3 voters' meeting with Domash. Vladimir Goncharik, a labor leader, has had to deal with newly state-created "unions" trying to muscle out unions supporting him. Two officials of a manufacturing plant were reprimanded by a Borisov city court for hosting a meeting between Chigir and employees at the plant. When one looks at these and other recent actions of the Lukashenka regime, the inescapable conclusion is that the regime has created an unhealthy environment in advance of the elections. Mr. Speaker, the regime's behavior is obviously not conducive to the promotion of free and fair elections. A few weeks ago, President Lukashenka stressed the need to establish an atmosphere of trust in bilateral Belarusian-U.S. relations. I strongly encourage Mr. Lukashenka to translate his words into concrete deeds that will encourage this trust and lead to the emergence of Belarus from its self-imposed isolation from the Euro-Atlantic community of democracies.
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statement
Freedom of the Media in Russia
Tuesday, April 03, 2001Mr. Speaker, I participated recently in a Congressional delegation to Russia, led by my friend CURT WELDON, where we met with government officials and others to assess the economic and political situation in that country and the state of U.S.-Russian relations. As Co-Chairman of the Duma-Congress Study Group on which I serve with Mr. WELDON, and as former Chairman and Ranking Member of the Helsinki Commission, I have traveled to Russia and the former Soviet Union frequently since the early 1980s. We are encouraged by Russia's continued progress, however tentative it may appear at times, towards becoming a democratic state that guarantees the inalienable rights, including religious freedom and respect for human rights and the rule of law, of all its citizens. That is why it is disturbing to see an important tenet of democracy--freedom of the media--being threatened by federal government actions and by local officials as well. The seriousness of this problem has been addressed by both the Clinton and Bush Administrations and has received widespread attention in the Western press, including recent editorials in The Wall Street Journal and The Washington Post. In Moscow, we were briefed by Ambassador Jim Collins, who told us about the threats to the media, particularly NTV and its holding company, Media Most, and we also met with Evgeny Kiselev, head of NTV--the only independently operated television station in Russia--who described incidents of harassment and intimidation directed against himself and other NTV personnel. Moreover, as we have seen in the past, journalists in Russia are under threat of physical attacks, even murder, at the hands of unknown assailants if they offend the wrong people with their reporting Mr. Speaker, I would like to bring to the attention of my colleagues the State Department's Country Report on Human Rights Practices-2000, just sent to the Congress by the Bureau of Democracy, Human Rights, and Labor, as required by law. It is a valuable document that assesses human rights conditions, country by country, around the world and has proven a reliable source of information for Members to better understand how individual governments treat their own citizens. The section on Russia, which covers 45 pages, states that the government ``generally respected the human rights of its citizens in many areas,'' but that ``serious problems remain, including independence and freedom of the media. . . .'' The report goes on to state ``Federal, regional, and local governments continued to exert pressure on journalists by: initiating investigations by the federal tax police, FSB, and MVD of media companies such as independent Media-Most. . . .'' The report also provides an account of the government harassment of and threats to Mr. Vladimir Goussinsky, founder and chairman of Media-Most, which owns NTV, and his arrest and detention in a Moscow prison. Today, Mr. Goussinsky is confined in Spain, awaiting the disposition of a Russian prosecutor's request for extradition, as Kremlin authorities have been engaged in a series of actions to shut down the country's only privately owned television station, or have it taken over by a government-controlled company. Sadly, Mr. Speaker, these efforts have come to fruition today. Press reports indicate that, in an apparent boardroom coup, the current NTV board, including Mr. Goussinsky, was ousted by the Russian gas firm Gazprom, which says it owns a controlling stake of the station. Mr. Kiselev has been replaced by an associate of the Gazprom directors. Russia's only two other nationwide television stations, ORT and RTR, are already controlled by the government. Mr. Speaker, I urge the government of the Russian Federation to strengthen democratic institutions and the rule of law by guaranteeing and supporting media pluralism and independence in Russia. Clearly, the foundation of a free and democratic society is a well informed citizenry. That foundation crumbles when freedom of speech and freedom of the media are suppressed. I also urge my colleagues to review the State Department's report on human rights conditions, particularly the section on Russia.
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statement
Celebrating Greek Independence Day
Tuesday, March 20, 2001Madam Speaker, 180 years ago the Greek people rose against the Ottoman Empire to free themselves from oppression and to reestablish not only a free and independent state, but a country that would eventually regain her ancient status as a democracy. In congratulating the people of Greece on the anniversary of their revolution, I join in recognizing the distinction earned by Greece as the birthplace of democracy and her special relationship with the United States in our fight together against Nazism, communism and other aggression in the last century alone. Yes, democrats around the world should recognize and celebrate this day together with Greece to reaffirm our common democratic heritage. Yet, Mr. Speaker, while the ancient Greeks forged the notion of democracy, and many Greeks of the last century fought to regain democracy, careful analyses of the political and basic human freedoms climate in today's Greece paint a sobering picture of how fundamental and precious freedoms are treated. Taking a look at the issues which have been raised in the Organization for Security and Cooperation in Europe (OSCE) Human Dimension Review Meetings and will be considered over the next week at the United Nations Committee on the Elimination of All Forms of Racial Discrimination (CERD), a few of the most critical human dimension concerns about contemporary Greece affect the freedom of expression, the freedom of religious belief and practice, and protection from discrimination. Legal restrictions on free speech remain on the books, and those convicted have typically been allowed to pay a fine instead of going to jail. In recent years, though, Greek journalists and others have been imprisoned based on statements made in the press. This was noted in the most recent Country Report on Human Rights Practices prepared by the Department of State. The International Press Institute has also criticized the frequent criminal charges against journalists in cases of libel and defamation. Religious freedom for everyone living in Greece is not guaranteed by the Greek Constitution and is violated by other laws which are often used against adherents of minority or non-traditional faiths. Especially onerous are the provisions of Greek law which prohibit the freedom of religion. These statutes have a chilling impact on religious liberty in the Hellenic Republic and are inconsistent with numerous OSCE commitments which, among other things, commit Greece to take effective measures to prevent and eliminate religious discrimination against individuals or communities; allow religious organizations to prepare and distribute religious materials; ensure the right to freedom of expression and the right to change one's religion or belief and freedom to manifest one's religion or belief. Over the last ten years, the European Court of Human Rights has issued more than a dozen judgments against Greece for violating Article 9 (pertaining to Freedom of Thought, Conscience and Religion) of the European Convention on Human Rights. One positive development was the decision made last summer to remove from the state-issued national identity cards the notation of one's religious affiliation. In May 2000, Minister of Justice Professor Mihalis Stathopoulos publicly recognized that this practice violated Greece's own Law on the Protection of Personal Data passed in 1997. The decision followed a binding ruling made by the relevant Independent Authority which asked the state to remove religion as well as other personal data (fingerprints, citizenship, spouse's name, and profession) from the identity cards. This has long been a pending human rights concern and an issue raised in a hearing on religious freedom held by the Commission on Security and Cooperation in Europe (which I Co-Chair) in September 1996. I am pleased to note that Greece has acknowledged in its most recent report to the UN CERD that the problems faced by the Roma community (which has been a part of Greek society for more than 400 years), migrant workers and refugees are “at the core of the concern of the authorities.” The recognition that issues which need attention is always the first step necessary to addressing the problem. The Commission has received many reports regarding the Roma community in Greece, including disturbing accounts of pervasive discrimination in employment, housing, education, and access to social services, including health care. With a very high illiteracy rate, this segment of Greek society is particularly vulnerable to abuse by local officials, including reports of Roma being denied registration for voting or identity cards that in turn prevents them from gaining access to government-provided services. Particularly alarming are incidents such as the forced eviction of an estimated 100 families by order of the mayor of Ano Liossia and the bulldozing of their makeshift housing in July of 2000. Similar incidents have occurred in recent years in Agia Paraskevi, Kriti, Trikala, Nea Koi, and Evosmos. Our Founding Fathers relied heavily on the political and philosophical experience of the ancient Greeks, and Thomas Jefferson even called ancient Greece “the light which led ourselves out of Gothic darkness.” As an ally and a fellow participating State of the OSCE, we have the right and obligation to encourage implementation of the commitments our respective governments have made with full consensus. I have appreciated very much and applaud the willingness of the Government of Greece to maintain a dialogue on human dimension matters within the OSCE. We must continue our striving together to ensure that all citizens enjoy their fundamental human rights and freedoms without distinction.
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statement
Draft Law on Religion Threatens Freedom in Kazakhstan
Thursday, March 15, 2001Mr. Speaker, I rise to voice concern about attempts underway in Kazakhstan to limit freedom of religion. Currently, several drafts of amendments to that country's 1992 law on religion are under consideration. In the view of the Keston News Service, one of the world's most respected organizations on religious liberty, the passage and implementation of these amendments would move Kazakhstan into the ranks of former Soviet republics with the ``harshest climate for religious freedom.'' Draft amendments to the religion law have surfaced in October 2000, as well as in January and February of this year. Oddly, they lack any indication of origin, which allows government officials to decline to comment on them. It seems clear, however, that the drafts in January and February did not include some of the most onerous and egregious earlier provisions, perhaps in response to criticism. Nevertheless, what remains is more than enough to evoke serious concern. For example, Amendment 5 of the January and February drafts prohibits ``the activity of religious sects in the Republic of Kazakhstan.'' Amendment 16 bans ``the preparation, preservation and distribution of literature, cine-photo- and video-products and other materials containing ideas of religious extremism and reactionary fundamentalism.'' Amendment 11 of the February version introduces the provision that the charter of all religious organizations “is subject to registration.” Furthermore, Amendment 6 of the February draft would permit citizens of Kazakhstan, ``foreign citizens and persons without citizenship'' to conduct missionary activity in Kazakhstan “only with the permission of the competent state organ.” The drafts also introduce harsh penalties for conducting missionary activity without permission. January's version stipulates fines ranging between two and five month's wages, or up to one year corrective labor, or up to two months in jail. The February draft strengthens these draconian provisions: those convicted could be sentenced to two years of corrective labor, up to six months arrest, or deprivation of freedom for up to one year. Amendment 10 of the February draft would give the state enormous power over religious practice by the people of Kazakhastan--the activity of foreign religious organizations on the territory of Kazakhstan, “as well as the appointment of leaders of religious organizations in the Republic by foreign religious centers must take place with the agreement of the corresponding state organs.” Moreover, Amendment 11 requires Islamic religious groups to ``present a document confirming their affiliation with the Spiritual Directorate of Muslims of Kazakhstan.'' To quote Keston News Service, “Any requirement that registration be made compulsory would violate Kazakhstan's international human rights commitments, as would a ban on missionary activity and a requirement for state involvement in the selection of leaders for any religious group.” Because these drafts have been ``unofficial,'' even local representatives of the Organization for Security and Cooperation in Europe (OSCE) in Almaty have been unable to obtain any official texts. Nevertheless, on March 6, the head of OSCE center, Herbert Salber, communicated his concerns to the chairman of Kazakhstan's Senate (the upper chamber) of parliament. Mr. Salber described the drafts as having “masses of shortcomings” and running “counter to international legal norms.” Mr. Speaker, if these draft amendments to the religion law are passed, the effect could be to make only Islam and Russian Orthodoxy the permitted religions in Kazakhstan. Other faiths and religious organizations would be severely restricted if not actually outlawed. It appears that attempts are being made to pass this legislation on March 16, 2001 without even a public reading. Mr. Speaker, I hope the Bush administration will join me in conveying to the leaders of Kazakhstan that we are deeply concerned by this initiative to turn the clock back and to limit the rights of religious believers in Kazakhstan.
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statement
Serbia-Otpor Organization
Thursday, March 08, 2001Mr. Speaker, a few weeks ago I had the opportunity to meet five representatives from the independent, non-governmental organization Otpor. “Otpor,” in Serbian, means ``resistance,'' and the organization was founded in the mid-1990s by students from Belgrade University and elsewhere in Serbia, who had enough of Slobodan Milosevic's choke-hold on the neck of Serbian society. Their efforts have forged a strong bond between idealism and realism. Otpor members engaged in passive resistance, never advocating violence nor returning the blows they received from the police and other thugs under Milosevic's control. Instead, they had a stronger determination and persistence. Fear would not keep them from putting up their posters, from wearing their black-and-white emblem of a clenched fist. Moreover, they kept their eye on the goal of a democratic and tolerant Serbia at peace with its neighbors and with itself. The organization appointed no specific leader, in a strategy to thwart any attempt to compromise the individual--they had learned the lesson from observing the many opposition politicians in Serbia who had been compromised. During the past two years, more than 1,500 Otpor activists, of about 50,000 based in over 10 Serbian cities, were arrested and interrogated by security forces under Milosevic's control. One of the five who visited my office had himself been arrested on 17 occasions. Prior to the September 2000 elections, Otpor worked closely with the democratic political opposition, independent trade unions, NGOs and other youth groups to mobilize voters. Otpor's activists played a crucial role in the street demonstrations that began immediately following the elections and led to Milosevic's downfall. The impressive delegation of five Otpor activists visiting Washington included Slobodan Homen, Nenad Konstantinovic, Jovan Ratkovic, Jelena Urosevic and Robertino Knjur, all in their mid- to late-20s and very good English speakers. It is amazing to realize that they all grew up in the cruel, hateful and impoverished world Slobodan Milosevic had created for them in the 1990s. In the meeting, they provided one piece of very good news. One Otpor activist, Boris Karajcic, had testified in 1998 before the Helsinki Commission which I co-chair and was beaten up on the streets of Belgrade a few weeks later. Today, Boris is a member of the Serbian parliament. He is an active part of Serbia's future. Otpor itself will also be part of Serbia's future. While Milosevic is out of power, there is much to be done to recover from the nightmare he created. First, they are investigating and compiling complaints about the police officers who brutalized them and other citizens of Serbia who opposed the regime, and they will seek to ensure that officers who seemed to take a particular delight in beating people for exercising their rights are held accountable. They want to see Milosevic himself arrested, both for his crimes in Serbia and the war crimes for which he faces an international indictment. The Otpor group also advocates the founding of a school of public administration, which does not exist in Serbia and is desperately needed as the government bureaucracies are swollen with Milosevic cronies who have no idea how to implement public policy. Along similar lines, they hope to begin an anti-corruption campaign. Finally, they pointed out that, with the fall of Milosevic, the united opposition now in power has no credible, democratic political opposition to it. Until Serbian politics develop further, they intend to serve some of that role, being a watchdog of the new leaders. In conclusion, Mr. Speaker, the Otpor group with which I met has a track record of accomplishment, ideas for the future, and a good sense of how to bring those ideas into reality. While they have had the heart and the courage, they also have had the assistance of the United States through the National Endowment of Democracy and other organizations which promote democratic development abroad. I hope my colleagues will continue to support this kind of assistance, for Serbia and other countries where it is needed, which serves not only the interests of the United States but the cause of humanity.
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statement
Tribute to Karen S. Lord
Thursday, February 08, 2001Mr. Speaker, the Commission on Security and Cooperation in Europe lost one of its most noble, most gifted, dedicated, effective, and kind members of our staff, Karen Lord, to the ravages of cancer on January 29 of this year. Karen was only 33--a heart-wrenching tragedy for her family, and all of us who knew and loved her. Since 1995, Karen has faithfully served as counsel for Freedom of Religion on the staff of the commission of which I serve as the cochairman. In this capacity, she diligently defended the principle of “religious liberty for all'' and became one of the commission's most trusted advisors on the subject. We will miss her wise counsel, her demonstrable passion, her wealth of knowledge, and her energetic advocacy on behalf of the persecuted church. As counsel for Freedom of Religion, Karen meticulously monitored the fundamental “freedom of thought, conscience, religion and belief'' and always would take the initiative when violations arose. She was recognized and respected in this city, within the U.S. Government, in Europe and in Central Asia as a knowledgeable, passionate, and hard-working expert on the right to freely profess and practice one's faith. She was intolerant of religious intolerance and was a champion to all those who were disenfranchised and dispossessed. She lived the gospel, especially our Lord's admonition in Matthew, 25, when our Lord said, ``When I was in prison, did you visit me.'' “Whatsoever you do to the least of my brethren you do to me.'' Time and time again Karen interceded on behalf of those who were unjustly imprisoned by dictators and despotic governments. Karen always took the time and had the energy to pursue the truth, and to chronicle in a meticulous way the information about someone who was persecuted or harassed by their government, in some way put at risk because of their faith. Karen played an active role as a member of numerous U.S. delegations to meetings of the Organization on Security and Cooperation in Europe, and she was selected and served on a panel of religious liberty experts for the OSCE's Office of Democratic Institutions and Human Rights. Whether the interaction was with nongovernmental organizations, religious believers and clergy, academics or government authorities, Karen was an active listener, an informed interlocutor, and a vigorous and respectful advocate. She was a force with whom others had to reckon, because she was so strong and she would always stand up, on behalf of those who were persecuted for their faith. Karen surely distinguished herself as the expert on laws affecting religious communities in various countries of the OSCE region, whether the issues were in the Caucasus, Central Asia, Western Europe, or Eastern Europe. Just 3 months ago, even while she was suffering the devastation and the terrible pain of cancer, she participated in conferences in Sofia, Bulgaria and Baku and Azerbaijan, which were focused on religious liberty, rule of law and international standards for protection of the freedom of conscience. She often served as an expert at various venues in other countries with the U.S. Department of State and for the Immigration and Naturalization Service. Members of the commission knew that they could depend on her and her thorough knowledge and vigorous advocacy of this precious freedom of religion. Time and again as I sat in the chair holding hearings on religious freedom, I would turn to Karen, get her advice and her informed expert opinion. Karen was a great woman, Mr. Speaker. She was smart, she was articulate, she was a quick study, she was tenacious, and she was breathtakingly courageous. She never uttered a word of complaint. While she was suffering, while she was going through her frightening ordeal, knowing full well what that cancer was doing to her body, she would have a quiet smile on her face and a very, very deep faith in Jesus Christ. She spent much time in prayer. She suffered her agonies of cancer with courage, working on behalf of religious freedom of all people: Muslims, Jews, Catholics, Christians, Pentecostals. Believers of every stripe will miss her. Karen possessed within herself an abiding tranquility--the peace that surpasses all understanding that our Lord spoke of in the Gospel. Mr. Speaker, we will greatly miss Karen Lord. She was a dear friend, and I ask all of the Members of the House to keep her in your prayers. Because hers was a life so faithfully lived, she is no doubt looking down from heaven. She was a wonderful person, she will be missed dearly. Our loss is surely Heaven's gain.
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statement
Turkey and Possible Military Equipment Sales
Thursday, November 02, 2000Mr. Speaker, the United States has a longstanding dynamic relationship with our NATO ally, the Republic of Turkey, and I believe that the strength of that relationship relies on forthright candor. I have willingly recognized positive developments in Turkey, and I have sought to present fairly the various human rights concerns as they have arisen. Today, I must bring to my colleagues' attention pending actions involving the Government of Turkey which seem incongruous with the record in violation of human rights. I fear the planned sale of additional military aircraft to Turkey could potentially have further long-term, negative effects on human rights in that country. As Chairman of the Helsinki Commission, I presided over a hearing in March of 1999 that addressed many human rights concerns. The State Department had just released its Country Reports on Human Rights Practices covering 1998. Commissioner and Assistant Secretary of State for Democracy, Human Rights and Labor Harold Hongju Koh noted in testimony before the Commission that ‘serious human rights abuses continued in Turkey in 1998, but we had hoped that the 1998 report would reflect significant progress on Turkey's human rights record. Prime Minister Yilmaz had publicly committed himself to making the protection of human rights his government's highest priority in 1998. We had welcomed those assurances and respected the sincerity of his intentions. We were disappointed that Turkey had not fully translated those assurances into actions.’ I noted in my opening statement, ‘One year after a commission delegation visited Turkey, our 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 which is likely to continue throughout 1999.' Thankfully, eighteen months later I can say that the picture has improved- somewhat. A little over a year ago the president of Turkey's highest court made an extraordinary speech asserting that Turkish citizens should be granted the right to speak freely, urging that the legal system and constitution be ‘cleansed,’ and that existing ‘limits on language’ seriously compromised the freedom of expression. The man who gave that speech, His Excellency Ahmet Necdet Sezer, is the new President of the Republic of Turkey. Last summer several of us on the Commission congratulated President Sezer on his accession to the presidency, saying, in part: We look forward to working with you and members of your administration, especially as you endeavor to fulfill your commitments to the principles of the Helsinki Final Act and commitments contained in other Organization for Security and Cooperation in Europe (OSCE) documents. These human rights fundamentals are the bedrock upon which European human rights rest, the solid foundation upon which Europe's human rights structures are built. It is worth remembering, twenty-five years after the signing of the Final Act, that your predecessor, President Demerel, signed the commitments at Helsinki on behalf of Turkey. Your country's engagement in the Helsinki process was highlighted during last year's OSCE summit in Istanbul, a meeting which emphasized the importance of freedom of expression, the role of NGOs in civil society, and the eradication of torture. Your Presidency comes at a very critical time in modern Turkey's history. Adoption and implementation of the reforms you have advocated would certainly strengthen the ties between our countries and facilitate fuller integration of Turkey into Europe. Full respect for the rights of Turkey's significant Kurdish population would go a long way in reducing tensions that have festered for more than a decade, and resulted in the lengthy conflict in the southeast. Your proposals to consolidate and strengthen democracy, human rights and the rule of law in Turkey will be instrumental in ushering in a new era of peace and prosperity in the Republic. The Helsinki Final Act and other OSCE documents can serve as important guides in your endeavor. We all recall the pending $4 billion sale of advanced attack helicopters to the Turkish army. I have objected to this sale as leading human rights organizations, Turkish and western press, and even the State Department documented the use of such helicopters to attack Kurdish villages in Turkey and to transport troops to regions where civilians were killed. Despite repeated promises, the Turkish Government has been slow to take action which would hold accountable and punish those who have committed such atrocities. And we recently learned of the pending sale of eight even larger helicopters, S-80E heavy lift helicopters for Turkey's Land Forces Command. With a flight radius of over three hundred miles and the ability to carry over fifty armed troops, the S-80E has the potential to greatly expand the ability of Turkey's army to undertake actions such as I just recounted. Since 1998, there has been recognition in high-level U.S.-Turkish exchanges that Turkey has a number of longstanding issues which must be addressed with demonstrable progress: decriminalization of freedom of expression; the release of imprisoned parliamentarians and journalists; prosecution of police officers who commit torture; an end of harassment of human rights defenders and re-opening of non-governmental organizations; the return of internally displaced people to their villages; cessation of harassment and banning of certain political parties; and, an end to the state of emergency in the southeast. The human rights picture in Turkey has improved somewhat in the last several years, yet journalists continue to be arrested and jailed, human rights organizations continue to feel pressure from the police, and elected officials who are affiliated with certain political parties, in particular, continue to be harassed. Anywhere from half a million to 2 million Kurds have been displaced by the Turkish counter insurgency campaigns against the Kurdistan Workers Party, also known as the PKK. The Turkish military has reportedly emptied more than three thousand villages and hamlets in the southeast since 1992, burned homes and fields, and committed other human rights abuses against Kurdish civilians, often using types of helicopters similar to those the Administration is seeking to transfer. Despite repeated promises, the Government of Turkey has taken few steps to facilitate the return of these peoples to their homes, assist them to resettle, or compensate them for the loss of their property. Nor does it allow others to help. Even the ICRC has been unable to operate in Turkey. And, finally, four parliamentarians, Leyla Zana, Hatip Dicle, Orhan Dogÿan, and Selim Sadak, continue to serve time in prison. We cannot proceed with this sale, or other sales or transfers, when Turkey's Government fails to live up to the most basic expectations mentioned above. Mr. Speaker, I think it is also time that the United States establishes an understanding with Turkey and a credible method of consistent monitoring and reporting on the end-use of U.S. weapons, aircraft and service. An August 2000 report from the General Accounting Office (GAO) entitled ‘Foreign Military Sales: Changes Needed to Correct Weaknesses in End-Use Monitoring Program’ was a cause for concern on my part regarding the effectiveness of current end-use monitoring and reporting efforts. While we had been assured that end-use monitoring was taking place and that the United States was holding recipient governments accountable to the export license criteria, the GAO report reveals the failure of the Executive Branch to effectively implement monitoring requirements enacted by Congress. For example, the report points out on page 12: “While field personnel may be aware of adverse conditions in their countries, the Defense Security Cooperation Agency has not established guidance or procedures for field personnel to use in determining when such conditions require an end-use check.” For example, significant upheaval occurred in both Indonesia and Pakistan within the last several years. As a result, the State Department determined that both countries are no longer eligible to purchase U.S. defense articles and services. However, end-use checks of U.S. defense items already provided were not performed in either country in response to the standard. DSCA officials believed that the State Department was responsible for notifying field personnel that the criteria had been met for an end-use check to be conducted. However, DSCA and State have never established a procedure for providing notification to field personnel. Currently, the end-use monitoring training that DSCA provides to field personnel consists of a 30-minute presentation during the security assistance management course at the Defense Institute of Security Assistance Management. This training is intended to familiarize students with end-use monitoring requirements. However, this training does not provide any guidance or procedures on how to execute an end-use monitoring program at overseas posts or when to initiate end-use checks in response to one of the five standards. In the past there have been largely ad hoc attempts to report on the end-use of U.S. equipment. Therefore, I was pleased to support the passage of H.R. 4919, the Security Assistant Act of 2000 that was signed by the President on October 6. Section 703 of this Act mandates that no later than 180 days after its enactment, the President shall prepare and transmit to Congress a report summarizing the status of efforts by the Defense Security Cooperation Agency to implement the End-Use Monitoring Enhancement Plan relating to government-to-government transfers of defense articles, services, and related technologies. I want to commend House International Relations Committee Chairman Ben Gilman for his efforts in trying to make our end-use monitoring and reporting programs effective and accurate. I look forward to working with him and others to ensure that an effective and credible monitoring program is put in place without further delay. We must be consistent in our defense of human rights, and our relations, including our military relations, must reflect that commitment. For this reason, Mr. Speaker, I am not prepared to support the sale of additional weaponry and aircraft to Turkey at this time.
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statement
Voicing Concern About Serious Violations of Human Rights and Fundamental Freedoms in Most States of Central Asia
Monday, October 30, 2000Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 397) voicing concern about serious violations of human rights and fundamental freedoms in most states of Central Asia, including substantial noncompliance with their Organization for Security and Cooperation in Europe (OSCE) commitments on democratization and the holding of free and fair elections, as amended. The Clerk read as follows: H. Con. Res. 397 Whereas the states of Central Asia--Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan--have been participating states of the Organization for Security and Cooperation in Europe (OSCE) since 1992 and have freely accepted all OSCE commitments, including those concerning human rights, democracy, and the rule of law; Whereas the Central Asian states, as OSCE participating states, have affirmed that every individual has the right to freedom of thought, conscience, religion or belief, expression, association, peaceful assembly and movement, freedom from arbitrary arrest, detention, torture, or other cruel, inhuman, or degrading treatment or punishment, and if charged with an offense the right to a fair and public trial; Whereas the Central Asian states, as OSCE participating states, have committed themselves to build, consolidate, and strengthen democracy as the only system of government, and are obligated to hold free elections at reasonable intervals, to respect the right of citizens to seek political or public office without discrimination, to respect the right of individuals and groups to establish in full freedom their own political parties, and to allow parties and individuals wishing to participate in the electoral process access to the media on a nondiscriminatory basis; Whereas the general trend of political development in Central Asia has been the emergence of presidents far more powerful than other branches of government, all of whom have refused to allow genuine electoral challenges, postponed or canceled elections, excluded serious rivals from participating in elections, or otherwise contrived to control the outcome of elections; Whereas several leaders and governments in Central Asia have crushed nascent political parties, or refused to register opposition parties, and have imprisoned and used violence against, or exiled, opposition figures; Whereas in recent weeks fighting has erupted between government troops of Kyrgyzstan and Uzbekistan and members of the Islamic Movement of Uzbekistan; Whereas Central Asian governments have the right to defend themselves from internal and external threats posed by insurgents, radical religious groups, and other anti-democratic elements which employ violence as a means of political struggle; Whereas the actions of the Central Asian governments have tended to exacerbate these internal and external threats by domestic repression, which has left few outlets for individuals and groups to vent grievances or otherwise participate legally in the political process; Whereas in Kazakhstan, President Nursultan Nazarbaev dissolved parliament in 1993 and again in 1995, when he also annulled scheduled Presidential elections, and extended his tenure in office until 2000 by a deeply flawed referendum; Whereas on January 10, 1999, President Nazarbaev was reelected in snap Presidential elections from which a leading challenger was excluded for having addressed an unregistered organization, `For Free Elections,' and the OSCE assessed the election as falling far short of international standards; Whereas Kazakhstan's October 1999 parliamentary election, which featured widespread interference in the process by the authorities, fell short of OSCE standards, according to the OSCE's Office of Democratic Institutions and Human Rights (ODIHR); Whereas Kazakhstan's parliament on June 22, 2000, approved draft legislation designed to give President Nazarbaev various powers and privileges for the rest of his life; Whereas independent media in Kazakhstan, which used to be fairly free, have been pressured, co-opted, or crushed, leaving few outlets for the expression of independent or opposition views, thus limiting the press's ability to criticize or comment on the President's campaign to remain in office indefinitely or on high-level corruption; Whereas the Government of Kazakhstan has initiated, under OSCE auspices, roundtable discussions with representatives of some opposition parties and public organizations designed to remedy the defects of electoral legislation and now should increase the input in those discussions from opposition parties and public organizations that favor a more comprehensive national dialogue; Whereas opposition parties can function in Kyrgyzstan and parliament has in the past demonstrated some independence from President Askar Akaev and his government; Whereas 3 opposition parties in Kyrgyzstan were excluded from fielding party lists and serious opposition candidates were not allowed to contest the second round of the February-March 2000 parliamentary election, or were prevented from winning their races by official interference, as cited by the OSCE's Office of Democratic Institutions and Human Rights (ODIHR); Whereas a series of flagrantly politicized criminal cases after the election against opposition leaders and the recent exclusion on questionable linguistic grounds of other would-be candidates have raised grave concerns about the fairness of the election process and the prospects for holding a fair Presidential election on October 29, 2000; Whereas independent and opposition-oriented media in Kyrgyzstan have faced serious constraints, including criminal lawsuits by government officials for alleged defamation; Whereas in Tajikistan, a civil war in the early 1900s caused an estimated 50,000 people to perish, and a military stalemate forced President Imomaly Rakhmonov in 1997 to come to terms with Islamic and democratic opposition groups and agree to a coalition government; Whereas free and fair elections and other democratic steps in Tajikistan offer the best hope of reconciling government and opposition forces, overcoming the legacy of the civil war, and establishing the basis for civil society; Whereas President Rakhmonov was reelected in November 1999 with 96 percent of the vote in an election the OSCE did not observe because of the absence of conditions that would permit a fair contest; Whereas the first multiparty election in the history of Tajikistan was held in February-March 2000, with the participation of former warring parties, but the election fell short of OSCE commitments and 11 people, including a prominent candidate, were killed; Whereas in Turkmenistan under the rule of President Saparmurat Niyazov, no internationally recognized human rights are observed, including freedom of speech, assembly, association, religion, and movement, and attempts to exercise these rights are brutally suppressed; Whereas Turkmenistan has committed political dissidents to psychiatric institutions; Whereas in Turkmenistan President Niyazov is the object of a cult of personality, all political opposition is banned, all media are tightly censored, and only one political party, the Democratic Party, headed by President Niyazov, has been registered; Whereas the OSCE's Office of Democratic Institutions and Human Rights (ODIHR), citing the absence of conditions for a free and fair election, refused to send any representatives to the December 1999 parliamentary elections; Whereas President Niyazov subsequently orchestrated a vote of the People's Council in December 1999 that essentially makes him President for life; Whereas in Uzbekistan under President Islam Karimov, no opposition parties are registered, and only pro-government parties are represented in parliament; Whereas in Uzbekistan all opposition political parties and leaders have been forced underground or into exile, all media are censored, and attempts to disseminate opposition newspapers can lead to jail terms; Whereas Uzbekistan's authorities have laid the primary blame for explosions that took place in Tashkent in February 1999 on an opposition leader and have tried and convicted some of his relatives and others deemed his supporters in court proceedings that did not correspond to OSCE standards and in other trials closed to the public and the international community; Whereas in Uzbekistan police and security forces routinely plant narcotics and other evidence on political opposition figures as well as religious activists, according to Uzbek and international human rights organizations; and Whereas the OSCE's Office of Democratic Institutions and Human Rights (ODIHR), citing the absence of conditions for a free and fair election, sent no observers except a small group of experts to the December 1999 parliamentary election and refused any involvement in the January 2000 Presidential election: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That the Congress-- (1) expresses deep concern about the tendency of Central Asian leaders to seek to remain in power indefinitely and their willingness to manipulate constitutions, elections, and legislative and judicial systems, to do so; (2) urges the President, the Secretary of State, the Secretary of Defense, and other United States officials to raise with Central Asian leaders, at every opportunity, the concern about serious violations of human rights, including noncompliance with Organization for Security and Cooperation in Europe (OSCE) commitments on democracy and rule of law; (3) urges Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan to come into compliance with OSCE commitments on human rights, democracy, and the rule of law, specifically the holding of free and fair elections that do not exclude genuine challengers, to permit independent and opposition parties and candidates to participate on an equal basis with representation in election commissions at all levels, and to allow domestic nongovernmental and political party observers, as well as international observers; (4) calls on Central Asian leaders to establish conditions for independent and opposition media to function without constraint, limitation, or fear of harassment, to repeal criminal laws which impose prison sentences for alleged defamation of the state or public officials, and to provide access to state media on an equal basis during election campaigns to independent and opposition parties and candidates; (5) reminds the leaders of Central Asian states that elections cannot be free and fair unless all citizens can take part in the political process on an equal basis, without intimidation or fear of reprisal, and with confidence that their human rights and fundamental freedoms will be fully respected; (6) calls on Central Asian governments that have begun roundtable discussions with opposition and independent forces to engage in a serious and comprehensive national dialogue, on an equal footing, on institutionalizing measures to hold free and fair elections, and urges those governments which have not launched such roundtables to do so; (7) calls on the leaders of Turkmenistan and Uzbekistan to condemn and take effective steps to cease the systematic use of torture and other inhuman treatment by authorities against political opponents and others, to permit the registration of independent and opposition parties and candidates, and to register independent human rights monitoring organizations; (8) urges the governments of Central Asia which are engaged in military campaigns against violent insurgents to observe international law regulating such actions, to keep civilians and other noncombatants from harm, and not to use such campaigns to justify further crackdowns on political opposition or violations of human rights commitments under OSCE; (9) encourages the Administration to raise with the governments of other OSCE participating states the possible implications for OSCE participation of any participating state in the region that engages in clear, gross, and uncorrected violations of its OSCE commitments on human rights, democracy, and the rule of law; and (10) urges the Voice of America and Radio Liberty to expand broadcasting to Central Asia, as needed, with a focus on assuring that the peoples of the region have access to unbiased news and programs that support respect for human rights and the establishment of democracy and the rule of law. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Nebraska (Mr. Bereuter) and the gentlewoman from California (Ms. Lee) each will control 20 minutes. The Chair recognizes the gentleman from Nebraska (Mr. Bereuter). Mr. BEREUTER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on this measure. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Nebraska? There was no objection. Mr. BEREUTER. Mr. Speaker, I yield such time as he may consume to the gentleman from New Jersey (Mr. Smith), the author of this resolution with whom I have worked. I appreciate his great effort. Mr. SMITH of New Jersey. Mr. Speaker, I thank the gentleman from Nebraska (Mr. Bereuter) for yielding me this time, and I want to thank him for his work in shepherding this resolution through his Subcommittee on Asia and the Pacific, and for all of those Members who have co-signed and cosponsored this resolution. Mr. Speaker, this resolution expresses the sense of Congress that the state of democratization and human rights in the countries of Central Asia, Kazahkstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan, is a source of very, very serious concern. In 1992, these States freely pledged to observe the provisions of the 1975 Helsinki Final Act and subsequent OSCE documents. The provisions contained in the 1990 Copenhagen Document commit the participating states to foster democratization through, among other things, the holding of free and fair elections, to promote freedom of the media, and to observe the human rights of their citizens. Mr. Speaker, 8 years have passed since then, but in much of Central Asia the commitments they promised to observe remain a dead letter. In fact, in some countries the situation has deteriorated substantially. For instance, opposition political activity was permitted in Uzbekistan in the late 1980s. An opposition leader even ran for president in the December 1991 election. In mid-1992, however, President Karimov decided to ban any manifestation of dissidence. Since then, no opposition movements have been allowed to function openly and the state controls the society as tightly as during the Soviet era. An even more disappointing example is Kyrgyzstan. Once one of the most democratic Central Asian states, Kyrgyzstan has gone the way of neighboring dictatorships. President Akaev has followed his regional counterparts in manipulating the legal, judicial, and law enforcement apparatus in a way to stay in office, despite domestic protest and international censure. On October 29, he will run for a third term; and he will win it, in a pseudo-election from which all serious candidates have been excluded. Throughout the region, authoritarian leaders have contrived to remain in office by whatever means necessary and give every sign of intending to remain in office as long as they live. Indeed, Turkmenistan's President Niyazov has made himself President for Life last December, and Kazakhstan's President Nazarbaev, who has extended his tenure in office through referenda, canceling elections, and staging deeply flawed elections, this summer arranged to have lifelong privileges and perks go his way. It may sound bizarre, but it may not be out of the realm of possibility that some of these leaders who already head what are, for all intents and purposes, royal families, are planning to establish what can only be described as family dynasties. Certainly the worst offender is Turkmenistan. Under the tyrannical misrule of Niyazov, President Niyazov, his country is the only one-party state in the entire OSCE region. Niyazov's cult of personality has reached such proportions that state media refer to him as a sort of divine being, while anyone who whispers a word of opposition or protest is dragged off to jail and tortured. Corruption is also rampant in Central Asia. Rulers enrich themselves and their families and a favored few, while the rest of the population struggles to eke out a miserable existence and drifts towards desperation. We are, indeed, already witnessing the consequences. For the second consecutive year, armed insurgents of the Islamic Movement of Uzbekistan invaded Uzbekistan and Kyrgyzstan. While they have been less successful than last year in seizing territory, they will not go away. Impoverishment of the populace fills their ranks with people, threatening to create a chronic problem. While the most radical groups in Central Asia might have sought to create theocracies regardless of the domestic policies pursued by Central Asian leaders, the latter's marriage of corruption and repression has created an explosive brew. Mr. Speaker, finally let me say the leaders of Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan, and Turkmenistan seem to believe that U.S. strategic interest in the region, and the fear of Islamic fundamentalism, will keep the West and Washington from pressing them too hard on human rights while they consolidate power. Let us show them that they are wrong. America's long-term and short-term interests lie with democracy, the rule of law, and respect for human rights. So I hope that my friends and colleagues on both sides of the aisle will join in backing this important resolution. Mr. BEREUTER. Mr. Speaker, I reserve the balance of my time. Ms. LEE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of this resolution. The post-Soviet independence of the Central Asian states has not panned out in the way that benefited the population of these countries. Instead, it created wealthy and often corrupt elites and impoverished the population. Although all of these newly-independent states have joined the OSCE and appear, at least on paper, to be committed to OSCE principles, in reality the leaders of these countries have consistently fallen back on their OSCE commitments. The political development reinforced the Office of the President at the expense other branches of government. Parliaments are weak and the courts are not free. Presidents of some countries, such as Turkmenistan, have pushed laws through their rubber-stamp legislatures that extend their presidential powers for life. Other governments, like the government of Uzbekistan, have been using the justification of fighting terrorism and insurgency as a means to imprison and/or exile the opposition, censor the press, and control civic and religious activities. On the other hand, some countries such as Kyrgyzstan and Kazakhstan have demonstrated varying degrees of progress. Until recently, opposition parties could function freely in Kyrgyzstan, while the OSCE agreed to Kazakhstan's 1999 parliamentary election, which they found falling short of international standards but, nevertheless, an improvement over the past. The stability of Central Asia is key to the stability of this region which borders on Afghanistan, Iran, China, and Pakistan. The governments of Central Asia cite the destabilizing influence of drugs and arms-trafficking from outside of their borders and the need to fight Islamic fundamentalism as justifications for their authoritarian regimes.
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statement
Democracy Denied in Belarus
Thursday, October 19, 2000Mr. President, I am pleased to join as an original cosponsor of this resolution introduced by my colleague from Illinois, Senator Durbin, to address the continuing constitutional crisis in Belarus. As Co-Chairman of the Helsinki Commission, during the 106th Congress I have worked on a bipartisan basis to promote the core values of democracy, human rights and the rule of law in Belarus in keeping with that country's commitments as a participating State in the Organization for Security and Cooperation in Europe (OSCE). Back in April the OSCE set four criteria for international observation of parliamentary elections held this past weekend: respect for human rights and an end to the climate of fear; opposition access to the state media; a democratic electoral code; and the granting of real power to the new parliament. Regrettably, the Lukashenka regime responded with at best half-hearted measures aimed at giving the appearance of progress while keeping democracy in check. Instead of using the elections process to return Belarus to the path of democracy and end the country's self-isolation, Mr. Lukashenka tightened his grip on power launching an intensified campaign of harassment against the democratic opposition and fledgling independent media. Accordingly, a technical assessment team dispatched by the OSCE concluded that the elections ‘fell short of meeting minimum commitments for free, fair, equal accountable, and transparent elections.’ The President of the Parliamentary Assembly of the OSCE confirmed the flawed nature of the campaign period. We recently saw how Slobodan Milosevic was swept from power by a wave of popular discontent following years of repression. After his ouster, Belarus now has the dubious distinction of being the sole remaining dictatorship in Europe. Misguided steps toward recognition of the results of Belarus's flawed parliamentary elections would only serve to bolster Mr. Lukashenka in the lead up to presidential elections slated for next year. This situation was addressed today in an editorial in the Washington Times. Mr. President, I ask unanimous consent that a copy of this editorial be printed in the Record following my remarks. I commend Senator Durbin for his leadership on this issue and will continue to work with my colleagues to support the people of Belarus in their quest to move beyond dictatorship to genuine democracy. There being no objection, the material was ordered to be printed in the Record, as follows: From the Washington Times, Oct. 19, 2000- Battle for Belarus: In Belarus last weekend, the opposition leaders did not light their parliament on fire as their Yugoslavian counterparts had the week before. They did not crush the walls of the state media outlet with bulldozers or leave key sites in their capital in shambles. No, the people living under the last dictator of Europe met this weekend's parliamentary elections with silence. Opposition parties rallied the people to boycott, and what they didn't say at the polls, the international community said for them. The U.S. State Department declared the results ‘not free, fair, or transparent’ and replete with ‘gross abuses’ by President Alexander Lukashenko's regime. The Organization for Security and Cooperation in Europe (OSCE), the Council of Europe, the European parliament and the European Union said the same. The dictator's allies got most of the 43 seats in districts where the winner received a majority of the vote. Where no candidate received a majority of the vote, run-offs will occur Oct. 26, another opportunity for the dictator to demonstrate his unique election methods. However, a record-low turnout in many towns, claimed as a victory by the opposition, will force new elections in three months. What will it take for the people to push Mr. Lukashenko to follow Yugoslav leader Slobodan Milosevic into political oblivion in next year's presidential election? Nothing short of war, if one asks the international coordinator for Charter '97, Andrei Sannikov. `I don't know how the country survives. [Approximately] 48.5 percent live below the poverty level,' Mr. Sannikov told reporters and editors of The Washington Times. `That increases to 60 percent in rural areas. It would provoke an extreme reaction anywhere else. Here, they won't act as long as there is no war'. But the people of Belarus are getting restless. Out of the 50 percent of the people who don't know who they support, 90 percent are not satisfied with Mr. Lukashenko and with their lives in Belarus, Mr. Sannikov said. The dictator's behavior before last weekend's elections didn't help any. In his statement three days before the elections, Rep. Chris Smith, chairman of the OSCE, listed just a few reasons why the people should take to the streets: `Since August 30, the Lukashenko regime has denied registration to many opposition candidates on highly questionable grounds, detained, fined or beaten over 100 individuals advocating a boycott of the elections, burglarized the headquarters of an opposition party, and confiscated 100,000 copies of an independent newspaper.' Mr. Sannikov, a former deputy foreign minister, was himself a victim last year when he was beaten unconcious, and three ribs and his nose were broken, in what he said was a government-planned attack. He and the rest of the opposition don't want to be victims in next year's election. If the opposition can rally behind one formidable leader, war won't have to precede change, nor will Mr. Lukashenko again make democracy a fatality.
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statement
Flawed Elections in Belarus
Thursday, October 12, 2000Mr. Speaker, this Sunday, October 15th, Belarus will hold parliamentary elections. Based on the run-up to the elections, the possibility of free and fair elections simply does not exist. Belarusian strongman Alyaksandr Lukashenka, who illegally extended his own term in office, is once again attempting to dupe the international community into believing that there are viable electoral processes in today's Belarus. The reality is different. The Lukashenka regime has not met any of the four conditions that the Organization for Security and Cooperation in Europe setback last spring, namely, a democratic election law; an end to human rights abuses; access by the opposition to the state media; and genuine powers granted to the parliament. As a result, on August 30, the OSCE and other institutions decided not to send a full-fledged international observation team to Belarus. This decision could have been revisited if the situation in Belarus had improved. However, since August 30, the Lukashenka regime has denied registration to many opposition candidates on highly questionable grounds; detained, fined, or beaten over 100 individuals advocating a boycott of the elections; burglarized the headquarters of an opposition party; and confiscated 100,000 copies of an independent newspaper. My friend, opposition leader Anatoly Lebedka was physically assaulted during a commemoration of the one-year anniversary of the disappearance of opposition leader Viktor Gonchar and his associate Anatoly Krasovsky. I might add that another leader of the opposition, former Interior Minister Yuri Zakharenka, remains missing after having disappeared 17 months ago, and two leading opposition members, Andrei Klimov and Vladimir Koudinov, remain imprisoned on politically motivated charges. Mr. Speaker, governmental interference in the election process appears to be rampant. There are reports that regional and local government executive committees have been threatened to ensure that government supported candidates will be elected. The registration process also showed strong signs of arbitrariness, with the rejection of a large percentage of candidates, especially opposition candidates. According to today's Radio Free Europe-Radio Liberty East-Central Europe Report, Belarusian authorities, in an attempt to counter the opposition's call for an election boycott, have begun urging early voting and even threatening reprisals if voters fail to go to the polls. Furthermore, in Brest, the government-controlled local press is publishing election materials devoted solely to one candidate. All of these and other incidents, Mr. Speaker, have contributed to an atmosphere highly obtrusive to free and fair elections. Given the pre-election atmosphere, the international community will be hard-pressed to recognize the new parliament, which succeeds the old, Lukashenka hand-picked parliament that was not recognized by the OSCE Parliamentary Assembly and much of the international community. Moreover, the current election environment does not in any way inspire confidence that the presidential elections scheduled for next year will be democratic. Mr. Lukashenka would do well to keep in mind that, with the fall of Slobodan Milosevic, he becomes increasingly isolated as Europe's sole remaining dictator.
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statement
Conference Report on H. R. 3244
Thursday, October 05, 2000Mr. Speaker, I am very happy that H.R. 3244, the Smith-Gejdenson-Brownback-Wellstone Victims of Trafficking and Violence Protection Act of 2000, is now poised to be passed and, hopefully, will be passed by the Senate and sent to the President for signature. Interestingly and importantly, it has been endorsed by people like Chuck Colson and Gloria Steinem, by the Family Research Council and Equality Now, by the Religious Action Center of Reformed Judaism, as well as the National Association of Evangelicals. In crafting this legislation, we also had the very able assistance of impartial experts, such as Gary Haugen of the International Justice Mission, which goes out and rescues trafficked women and children one by one, and Dr. Laura Lederer of the Protection Project, whose painstaking research has been indispensable to ensuring that we have the facts about this worldwide criminal enterprise and its victims. I also especially want to thank my Staff Director and Chief Counsel Grover Joseph Rees, who has been indefatigable in his expertise on a myriad of these issues. As former general counsel of the INS, he has been indispensable in writing and crafting this legislation. I also want to thank David Abramowitz with the Democratic staff, who has also done yeoman's work. This is truly bipartisan legislation. I also want to express my gratitude to Michael Horowitz of the Hudson Institute who has supported this effort from day one. H.R. 3244 has attracted such broad support not only because it is pro-woman, pro-child, pro-human rights, pro-family values, and anti-crime, but also because it addresses a problem that cries out for a solution. Division A of this conference report, the Trafficking Victims Protection Act, focuses on the most severe forms of trafficking in human beings: on the buying and selling of children into the international sex industry, on sex trafficking of women and children alike by force, fraud, or coercion, and on trafficking into slavery and involuntary servitude. Each year as many as two million innocent victims, of whom the overwhelming majority are women and children, are brought by force and/or fraud into the international commercial sex industry. Efforts by the United States government, international organizations, and others to stop this brutal practice have thus far proved unsuccessful. Part of the problem is that current laws and law enforcement strategies, in the United States as in other nations, often punish victims more severely than they punish the perpetrators. When a sex-for-hire establishment is raided, the women (and sometimes children) in the brothel are typically deported if they are not citizens of the country in which the establishment is located, without reference to whether their participation was voluntary or involuntary, and without reference to whether they will face retribution or other serious harm upon return. This not only inflicts further cruelty on the victims, it also leaves nobody to testify against the real criminals, and frightens other victims from coming forward. This legislation seeks the elimination of slavery, and particularly sex slavery, by a comprehensive, balanced approach of prevention, prosecution and enforcement, and victim protection. The central principle behind the Trafficking Victims Protection Act is that criminals who knowingly operate enterprises that profit from sex acts involving persons who have been brought across international boundaries for such purposes by force or fraud, or who force human beings into slavery, should receive punishment commensurate with the penalties for kidnapping and forcible rape. This would be not only a just punishment, but also a powerful deterrent. And the logical corollary of this principle is that we need to treat victims of these terrible crimes as victims, who desperately need our help and protection. The bill implements these principles by toughening up enforcement and by providing protection and assistance for victims. Mr. Speaker, I am also very proud that Division B is the Violence Against Women Act of 2000, of which I was also a co-sponsor along with Henry Hyde, Bill McCollum, Connie Morella and other colleagues from both parties. This Act includes provisions to reauthorize federal programs that combat violence against women, to strengthen law enforcement to reduce violence against women, to strengthen services to victims of violence, to limit the effects of violence on children, to strengthen education and training to combat violence against women, to enact new procedures for the protection of battered immigrant women, and to extend the Violent Crime Reduction Trust Fund. Mr. Speaker, we cannot wait one more day to begin saving the millions of women and children who are forced every day to submit to the most atrocious offenses against their persons and against their dignity as human beings. I urge unanimous support for the Victims of Trafficking and Violence Protection Act of 2000.
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statement
Missing Journalist in Ukraine
Thursday, October 05, 2000Mr. Speaker, it has been almost three weeks since the highly disturbing disappearance of Heorhii Gongadze, a journalist known for his articles exposing corruption in the Ukraine and for playing a prominent role in defending media freedoms. Mr. Gongadze, whose visit to the United States last December included meetings with the Helsinki Commission staff, was publisher of a new Internet newspaper called Ukrainska Pravda (meaning Ukrainian Truth), a publication often critical of senior Ukrainian officials and their associates. In fact, shortly before he vanished, Mr. Gongadze had apparently been facing pressure and threats and had complained that police were harassing him and his colleagues at Ukrainska Pravda. Unfortunately, Mr. Gongadze's disappearance takes place in an increasingly unhealthy media environment. According to the Committee to Protect Journalists, his disappearance follows several suspect or inconclusive investigations into the suspicious deaths of several Ukrainian journalists over the last few years and the beatings of two journalists following their articles about official corruption this year. This disappearance has occurred within an environment which has made it increasingly difficult for professional journalists to operate, including harassment by tax police, criminal libel prosecutions, the denial of access to state-controlled newsprint and printing presses, and phone calls to editors suggesting that they censure certain stories. Such an atmosphere clearly has a chilling effect on press freedom. Mr. Speaker, I am encouraged that the Verkhovna Rada, the Ukraine's parliament, has formed a special ad hoc committee to investigate Mr. Gongadze's disappearance. I am also hopeful that the Ukraine's Ministry of Internal Affairs and other law enforcement agencies will conduct a serious, vigorous investigation to solve the case of this missing journalist. As Chairman of the Helsinki Commission and as someone who has a longstanding interest in the Ukraine, I am deeply disappointed that the Ukraine's relatively positive human rights record has been tarnished by an environment not conducive to the development of a free media. I remain hopeful that the Ukrainian authorities will make every effort to reverse this situation.
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statement
Continuing Climate of Fear in Belarus
Thursday, September 28, 2000Mr. President, as co-chairman of the Helsinki Commission, I take this opportunity to update my colleagues on the situation in Belarus, as I have done on previous occasions. The Belarusian parliamentary elections are scheduled for October 15, and unfortunately, they do not meet the basic commitments outlined by the Organization for Security and Cooperation in Europe (OSCE) concerning free and democratic elections. Moreover, many observers have concluded that the Belarusian government has not made real progress in fulfilling four criteria for international observation of the elections: respect for human rights and an end to the climate of fear; opposition access to the state media; a democratic electoral code; and the granting of real power to the parliament that will be chosen in these elections. Instead, the Helsinki Commission has observed that the Lukashenka regime launched a campaign of intensified harassment in recent days directed against members of the opposition. We have received reports that just last week, Anatoly Lebedka, leader of the United Civic Party, whom many of my colleagues met when he visited the Senate last year, was roughed up by police after attending an observance marking the first anniversary of the disappearance of a leading member of the democratic opposition Viktor Gonchar and his associate, Anatoly Krasovsky. And just a few days ago, we were informed that Belarusian Popular Front leader Vintsuk Viachorka's request for air time on Belarusian television to explain why the opposition is boycotting the parliamentary elections was met with a hateful, disparaging diatribe on the main newscast `Panorama.' This is only the tip of the iceberg. In addition, the Helsinki Commission is receiving reports of detentions, fines and instances of beatings of opposition activists who are promoting a boycott of the elections by distributing leaflets or other literature or holding meetings with voters. In recent weeks, we have also been informed of the refusal to register many opposition candidates on dubious grounds; the seizure of over 100,000 copies of the independent trade union newspaper `Rabochy'; forceful disruptions of public meetings with representatives of the opposition; an apparent burglary of the headquarters of the Social Democratic Party; a ban of the First Festival of Independent Press in Vitebsk, and recent `reminder letters' by the State Committee on Press for independent newspapers to re-register. Mr. President, Belarusian opposition parties supporting the boycott have received permission to stage ‘Freedom March III’ this Sunday, October 1. At a number of past demonstrations, police have detained, harassed and beaten participants. Those in Congress who are following developments in Belarus are hopeful that this demonstration will take place peacefully, that authorities do not limit the rights of Belarusian citizens to freedom of association and assembly, and that the Government of Belarus will refrain from acts of repression against the opposition and others who openly advocate for a boycott of these elections. Mr. President, the Helsinki Commission continues to monitor closely the events surrounding these elections and we will keep the full Senate apprised of developments in the ongoing struggle for democracy in Belarus.
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statement
Expressing the Sense of House on the Peace Process in Northern Ireland
Tuesday, September 26, 2000Mr. Speaker, I want to thank the gentleman from New York (Mr. Gilman) for his leadership on this very important issue, as well as the gentleman from Massachusetts (Mr. Neal), the gentleman from New York (Mr. Crowley), and my good friend, the gentleman from New York (Mr. King), who has been indefatigable for many years on this important issue. Mr. Speaker, I think the gentleman from Massachusetts (Mr. Neal) is right in pointing out that this is a bipartisan effort, and we are trying to send a clear non-ambiguous message to the British Government that we are looking at their policing bill, that we looked at it very carefully, and it falls far, far short. Last Friday, as chairman of the Subcommittee on International Operations and Human Rights and as chairman of the Helsinki Commission, I held my sixth hearing in a series of hearings which have delved into the status of human rights in the North of Ireland and the deplorable human rights record of the Royal Ulster Constabulary, the RUC, Northern Ireland's police force. Our panel of experts were emphatic about the gap that exists between the recommendations of the Patten Commission on policing reform and the bill that the British Government has now put forth in their attempt to comply with the Good Friday Agreement's instructions to ‘craft a new beginning to policing.’ Professor Brendan O'Leary, one of our witnesses from the London School of Economics and Political Science, testified that the pending police bill is, quote, ‘a poorly disguised façade’ that does not implement the Patten report. He said it was, and I quote again, ‘mendaciously misleading’ for Northern Ireland's Secretary of State, Peter Mandelson, to suggest that his government's bill implements the Patten report. Professor O'Leary reported that the bill improved at the Commons stage, yet he testified that the British government's bill is still very ‘insufficient.’ He called it a ‘bloodless ghost’ of Patten and referred to it as ‘Patten light.’ Similarly, Martin O'Brien, the great human rights activist and the Director of the Committee on Administration of Justice, an independent human rights organization in Belfast, expressed his organization's, quote, ‘profound disappointment at the developments since the publication of the Patten report.’ He said that ‘only a third or less of Patten's recommendations resulted in proposals for legislative change.’ Mr. O'Brien reported that `a study of the draft seems to confirm the view that the British government is unwilling,' his words, `to put Patten's agenda into practical effect.' He called it `a very far cry from the Patten report' and said `despite much lobbying and extensive changes in the course of the parliamentary process to date, there is still a very long way to go.' Elisa Massimino, from the Lawyers’ Committee for Human Rights, testified that the bill `falls far short of the Patten recommendations' and she pointed to many discrepancies to illustrate this. And Dr. Gerald Lynch, the President of John Jay College of Criminal Justice in New York and an American appointee to the Patten Commission, restated the Commission's unanimous support for full implementation and warned, in his words, `that the recommendations should not be cherry picked but must be implemented in a cohesive and constructive manner.' Mr. Speaker, the witnesses at last week's hearings, as well as witnesses at previous hearings, as well as in correspondences that we have all received and in the meetings that we have had throughout this Capitol and in Belfast and elsewhere, policing has been the issue. In fact last year we had Chris Patten himself and the U.N. Special Rapporteur to Northern Ireland, Param Cumaraswamy, speak to our subcommittee. They too pointed to police reform as the essence of real reform in Northern Ireland. It is critical to note, then, that despite the progress to date, the British government is at a critical crossroads on the path to peace in Northern Ireland. The British government has the sole opportunity and responsibility for making police reform either the linchpin or the Achilles heel of the Good Friday Agreement. Accordingly, our legislation today calls upon the British government to fully and faithfully implement the recommendations contained in the Patten Commission report. The bill is the culmination of years of work in terms of trying to get everyone to the point where they have a transparent police force that is not wedded to secrecy and cover-up of human rights abuses. Mr. Speaker, H. Res. 547 does get specific. It points out that the police bill in parliament limits the powers of inquiry and investigation envisioned by the Patten report for the Policing Board and the police ombudsman. Remarkably, the police bill gives the Secretary of the State of Ireland a veto authority to prevent a Policing Board inquiry if the inquiry `would serve no useful purpose.' That just turns the bill into a farce, Mr. Speaker. The British government also prohibits the Policing Board from looking into any acts that occurred before the bill was enacted. The British government's bill also denies the ombudsman the authority to investigate police policies and practices and restricts her ability to look at past complaints against police officers. And the bill restricts the new oversight commissioner to assessing only those changes the British government agrees to, rather than overseeing the implementation of the full range of the Patten recommendations. Mr. Speaker, when Mr. Patten met with our committee, I and many others expressed our disappointment that his report contained no procedure whatsoever for vetting RUC officers who committed human rights abuses in the past. That said, we took some comfort that the Commission at least recommended that existing police officers should affirmingly state a willingness to uphold human rights. Now we learn that the British government's bill guts even this minimalist recommendation... Mr. Speaker, let us have a unanimous vote for this resolution and send a clear message to our friends on the other side of the pond that we want real reform and that real police reform is the linchpin to the Good Friday Agreement. Accordingly, our legislation today calls upon the British Government to fully and faithfully implement the recommendations contained in the Patten Commission report on policing. Our bill is the culmination of our years of work and it is our urging of an ally to do what is right for peace in Northern Ireland. H. Res. 547 does get specific. It now contains language which I offered at the Committee stage to highlight a few of the most egregious examples where the proposed Police Bill does not live up to either the letter or the spirit of the Patten report. For instance, the Police Bill, as currently drafted, limits the powers of inquiry and investigation envisioned by the Patten report for the Policing Board and the Police Ombudsman. Remarkably, the Police Bill gives the Secretary of State for Northern Ireland a veto authority to prevent a Policing Board inquiry if the inquiry would `serve no useful purpose.' The bill completely prohibits the Policing Board from looking into any acts that occurred before the bill is enacted. The British Government's Police Bill also denies the Ombudsman authority to investigate police policies and practices and restricts her ability to look at past complaints against police officers. And the bill restricts the new oversight commissioner to assessing only those changes the British Government agrees to rather than overseeing the implementation of the full range of Patten's recommendations. Many of the reforms that the Patten Commission recommended, such as those addressing police accountability or the incorporation of international human rights standards into police practices and training, are not issues that divide the nationalist and unionist communities in Northern Ireland. One must ask then, who it is that the Northern Ireland Secretary of State is trying to protect or pacify by failing to implement these recommendations. Our witnesses concluded that the British Government is hiding behind the division between unionist and nationalists on other issues, such as what the police service's name and symbols will be, to avoid making changes in accountability structures and human rights standards for the police. According to Mr. O'Brien, `these constraints are there apparently to satisfy the concerns of people already in the policing establishment who don't want change and don't want the spotlight shown on their past activities or future activities.' In other words, the future of Northern Ireland is being held captive to the interests of the very police service and other British Government security services that the Good Friday Agreement sought to reform with the creation of the Patten Commission. Mr. Speaker, there should be no doubt about the importance of policing reform in Northern Ireland as it relates to the broader peace process. Mr. O'Brien testified that `the issue of resolution of policing and the transformation of the criminal justice system are at the heart of establishing a lasting peace.' Dr. Gerald Lynch restated Chris Patten's oft-repeated statement that `the Good Friday Agreement would come down to the policing issue.' Professor O'Leary's comments were even more somber. He said: In the absence of progress on Patten . . . we are likely to see a stalling on possible progress in decommissioning, minimally, and maximally, if one wanted to think of a provocation to send hard line republicans back into full scale conflict, one could think of no better choice of policy than to fail to implement the Patten report . . . I think disaster can follow . . . and may well follow from the failure to implement Patten fully. Both the nationalist and unionist communities supported the Good Friday Agreement and all that it entailed, including police reform. The people of Northern Ireland deserve no less than a police service that they can trust, that is representative of the community it serves, and that is accountable for its actions. In conclusion Mr. Speaker, let me point out to my colleagues that it was two years ago this week that human rights defense attorney Rosemary Nelson testified before my subcommittee expressing her deepest held fear that the RUC, which had made death threats to her and her family through her clients, would one day succeed and kill her. The U.N. Special Rapporteur, Para Cumaraswamy testified at the same hearing that after his investigation in Northern Ireland, he was `satisfied that there was truth in the allegations that defense attorneys were harassed and intimidated' by members of the RUC. As many people know, Rosemary Nelson was killed, the victim of an assassin's car bomb just six months after she asked us to take action to protect defense attorneys in Northern Ireland. Her murder is now being investigated, in part, by the RUC, the police force she so feared. If the British government's Police Bill continues to reject mechanisms for real accountability, we may never know who killed Rosemary Nelson, and defense attorney Patrick Finucane. And sadly the police force may never be rid of those who may have condoned, helped cover-up, or even took part in some of the most egregious human rights abuses in Northern Ireland. I strongly urge my colleagues to support this measure before us today in order to express in the strongest terms possible to the British government our support for implementation of the full Patten report and its very modest recommendations for a `new beginning in policing.' Statement of Gerald W. Lynch, President, John Jay College of Criminal Justice, The City University of New York, Before the Commission on Security and Cooperation in Europe (The Helsinki Commission), September 22, 2000 Mr. Chairman and distinguished members of the Commission on Security and Cooperation in Europe. I want to thank you for the opportunity to present testimony regarding the work of the Independent Commission on Policing for Northern Ireland, commonly known as the Patten Commission. I would like to discuss the Policing Bill which is before the British Parliament. When I was introduced to the then Secretary of State for Northern Ireland, Mo Mowlam, she said to me: `How did you get Ted Kennedy and Ronnie Flanagan to agree on you? (Sir Ronnie Flanagan is the Chief Constable of the Royal Ulster Constabulary.) I told the Secretary that I believed they agree on me because John Jay College has provided training around the world emphasizing human rights and human dignity. Moreover, John Jay has had an exchange of police and faculty for 30 years with the British police, and for more than 20 years with the Garda, as well as an exchange with the R.U.C. for over 20 years. Over that time there had been hundreds of meetings and interactions among British, Irish and American police and criminal-justice experts. The continuing dialogue had generated an exchange of ideas and technology that was totally professional, and totally non-partisan. Many of John Jay's exchange scholars have risen to high ranks in Britain, Ireland and America. The current Commissioner of the police of New Scotland Yard, Sir John Stevens, was the exchange scholar at John Jay for the Fall of 1984. I am honored to have been selected to be a member of the Patten Commission. The Patten Report states that: `the opportunity for a new beginning to policing in Northern Ireland with a police service capable of attracting and sustaining support from the community as a whole . . . cannot be achieved unless the reality that part of the community feels unable to identify with the present name and symbols associated with the police is addressed. . . . our proposals seek to achieve a situation in which people can be British, Irish or Northern Irish, as they wish, and all regard the police service as their own. We therefore recommend: The Royal Ulster Constabulary should henceforth be named the Northern Ireland Police Service. That the Northern Ireland Police Service adopt a new badge and symbols which are entirely free from any association with either the British or Irish states (We not that the Assembly adopted a crest acceptable to all parties, namely, the symbol of the flax) That the union flag should no longer be flown from police buildings, and that, on those occasions on which it is appropriate to fly a flag on police buildings, the flag should be that of Northern Ireland Police Service, and it, too, should be free from association with the British or Irish states'.
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statement
Serbia Democratization Act of 2000
Monday, September 25, 2000Mr. Speaker, I thank the gentleman from New York for yielding me this time and for his work in helping to bring this legislation to the floor today. Mr. Speaker, as we wait to see if opposition candidate Vojislav Kostunica will be allowed to secure the election, which by all accounts he seems to have secured and won, it is important for this Congress to support those seeking democratic change in Serbia as well as those undertaking democratic change in Montenegro. This bill does just that. Introduced by myself and several other cosponsors in February of 1999, and updated in light of events since that time, the bill before us today includes language to which the Senate has already agreed by unanimous consent. The State Department has been thoroughly consulted, and its requested changes as well have been incorporated into the text. Throughout there has been a bipartisan effort to craft this legislation. In short, the bill authorizes the provision of democratic assistance to those in Serbia who are struggling for change. It also calls for maintaining sanctions on Serbia until such time that democratic change is indeed underway, allowing at the same time the flexibility to respond quickly to positive developments if and when they occur. Reflective of another resolution, H. Con. Res. 118, which I introduced last year, the bill supports the efforts of the International Criminal Tribunal for the former Yugoslavia to bring those responsible for war crimes and crimes against humanity, including Slobodan Milosevic, to justice. The reasons for this bill are clear, Mr. Speaker. In addition to news accounts and presentations in other committees and other venues, the Helsinki Commission, which I chair, has held numerous hearings on the efforts of the regime of Slobodan Milosevic to stomp out democracy and to stay in power. The Commission has held three hearings specifically on this issue and one additional hearing specifically on the threat Milosevic presents to Montenegro. Of course, in the many, many hearings the commission has held on Bosnia and Kosovo over the years, witnesses testify to the role of Milosevic in instigating, if not orchestrating, conflict and war. Mr. Speaker, the regime of Milosevic has resorted to increasingly repressive measures, as we all know, to stay in power in light of the elections that were held yesterday in the Yugoslav Federation, of which Serbia and Montenegro are a part. Journalist Miroslav Filipovic received, for example, a 7-year sentence for reporting the truth about Yugoslav and Serbian atrocities in Kosovo. The very courageous Natasa Kandic, of the Humanitarian Law Fund, faces similar charges for documenting these atrocities. Ivan Stambolic, an early mentor but now a leading and credible critic of Slobodon Milosevic, was literally abducted from the streets of Belgrade. Authorities have raided the headquarters of the Center For Free Elections and Democracy, a civic, domestic monitoring organization; and members of the student movement Otpor regularly face arrest, detention and physical harassment. Political opposition candidates have been similarly threatened, harassed, and physically attacked. As news reports regularly indicate, Milosevic may also be considering violent action to bring Montenegro, which has embarked on a democratic path and distanced itself from Belgrade, back under his control. Signs that he is instigating trouble there are certainly evident. It is too early for the results of the elections to be known fully. However, this bill allows us the flexibility to react to those results. Assistance for transition is authorized, allowing a quick reaction to positive developments. Sanctions can also be eased, if needed. On the other hand, few hold hope that Milosevic will simply relinquish power. A struggle for democracy may only now just be starting and not ending. The human rights violations I have highlighted, Mr. Speaker, are also mere examples of deeply rooted institutionalized repression. Universities and the media are restricted by Draconian laws from encouraging the free debate of ideas upon which societies thrive. National laws and the federal constitution have been drafted and redrafted to orchestrate the continued power of Slobodan Milosevic. The military has been purged, as we all know, of many high-ranking professionals unwilling to do Milosevic's dirty work, and the place is a virtual military force of its own designed to tackle internal enemies who are in fact trying to save Serbia from this tyrant. Paramilitary groups merge with criminal gangs in the pervasive corruption which now exists. Sophisticated and constant propaganda has been designed over the last decade to warp the minds of the people into believing this regime has defended the interests of Serbs in Serbia and throughout former Yugoslavia. As a result, even if a democratic change were to begin in Serbia, which we all hope and pray for, the assistance authorized in this bill is needed to overcome the legacy of Milosevic. His influence over the decade has been so strong that it will take considerable effort to bring Serbia back to where it should be. Bringing democratic change to Serbia and supporting the change already taking place in Montenegro is without question in the U.S. national interest. We may differ in our positions regarding the decision to use American forces in the Balkans either for peacekeeping or peacemaking. Nothing, however, could better create the conditions for regional stability which would allow our forces to come home with their mission accomplished than a Serbia on the road to democratic recovery. There is, however, an even stronger interest. Indeed, there is a fundamental right of the people of Serbia themselves to democratic governance. They deserve to have the same rights and freedoms, as well as the opportunity for a prosperous future, that is enjoyed by so many other Europeans and by our fellow Americans. The people of America, of Europe, the people of Serbia all have a strong mutual interest in ending Milosevic's reign of hatred and thuggery. This bill advances that cause.
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statement
Calling the President to Issue a Proclamation Recognizing the 25th Anniversary of the Helsinki Final Act
Monday, September 25, 2000Mr. Speaker, I thank the gentleman from New York (Mr. Gilman) for yielding me time. Mr. Speaker, at the outset, let me give a special thanks to Bob Hand, who is a specialist on the Balkans, especially the former Yugoslavia and Albania, at the Helsinki Commission. As my colleagues know just a few moments ago, we passed H.R. 1064 by voice vote, legislation that I had introduced early last year. We went through many drafts and redrafts, and I would like to just thank Bob for the excellent work he and Dorothy Taft, the Commission's Chief of Staff, did on that legislation. H.R. 1064 would not have been brought to the floor in a form we know the Senate will pass quickly and then forward for signature, without their tremendous work on this piece of legislation, and their organization of a whole series of hearings that the Helsinki Commission has held on the Balkans. We have had former Bosnian Prime Minister Silajdzic, for example, testify at several hearings. The Congress itself has had so much input into this diplomatic process which we know as the ``Helsinki process,'' and they have done yeoman's work on that. Mr. Speaker, I rise and ask my colleagues to support passage of H.J. Res. 100, recognizing the 25th anniversary of the signing of the Helsinki Final Act. I am pleased that we have more than 40 cosponsors on this resolution, and that includes all of our colleagues on the Helsinki Commission. The gentleman from Maryland (Mr. Hoyer) is the ranking Democratic Member, and my good friend and colleague. Mr. Speaker, the Helsinki Final Act was a watershed event in European history, which set in motion what has become known as the Helsinki process. With its language on human rights, this agreement granted human rights the status of a fundamental principle regulating relations between the signatory countries. Yes, there were other provisions that dealt with economic issues as well as security concerns, but this country rightfully chose to focus attention on the human rights issues especially during the Cold War years and the dark days of the Soviet Union. The Helsinki process, I would respectfully submit to my colleagues, was very helpful, in fact instrumental, in relegating the Communist Soviet empire to the dust bin of history. The standards of Helsinki constitute a valuable lever in pressing human rights issues. The West, and especially the United States, used Helsinki to help people in Czechoslovakia, in East Germany and in all the countries that made up the OSCE, which today comprises 54 nations with the breakup of the Soviet Union and other States along with the addition of some new States. Let me just read to my colleagues a statement that was made by President Gerald Ford, who actually signed the Helsinki Accords in 1975. He stated, and I quote, “the Helsinki Final Act was the final nail in the coffin of Marxism and Communism in many, many countries and helped bring about the change to a more democratic political system and a change to a more market oriented economic system.” The current Secretary General of the OSCE, Jan Kubis, a Slovak, has stated, and I quote him, “As we remember together the signature of the Helsinki Final Act, we commemorate the beginning of our liberation, not by armies, not by methods of force or intervention, but as a result of the impact and inspiration of the norms and values of an open civilized society, enshrined in the Helsinki Final Act and of the encouragement it provided to strive for democratic change and of openings it created to that end. Mr. Speaker, the Helsinki Final Act is a living document. We regularly hold follow-up conferences and meetings emphasizing various aspects of the accords, pressing for compliance by all signatory states. I urge Members to support this resolution, and I am very proud, as I stated earlier, to be Chairman of the Helsinki Commission. Mr. Speaker, I include for the Record the Statement made by the U.S. Ambassador to the OSCE, David T. Johnson, at the Commemorative meeting on the 25th Anniversary of the Helsinki Final Act Statement at the 25th Anniversary of the Helsinki Final Act (By Ambassador David T. Johnson to the Commemorative Meeting of the Permanent Council of the OSCE) Madame Chairperson, as we look with fresh eyes today at the document our predecessors signed on August 1, 1975, we are struck by the breadth of their vision. They agreed to work together on an amazing range of issues, some of which we are only now beginning to address. The States participating in the meeting affirmed the objective of “ensuring conditions in which their people can live in true and lasting peace free from any threat to or attempt against their security;” they recognized the “indivisibility of security in Europe'' and a ``common interest in the development of cooperation throughout Europe.” One of the primary strengths of the Helsinki process is its comprehensive nature and membership. Human rights, military security, and trade and economic issues can be pursued in the one political organization that unites all the countries of Europe including the former Soviet republics, the United States and Canada, to face today's challenges. Over the past twenty-five years we have added pieces to fit the new realities, just last November in Istanbul we agreed on a new Charter for European Security and an adapted Conventional Forces in Europe treaty. But the most significant provision of the Helsinki Agreement may have been the so-called Basket III on Human Rights. As Henry Kissinger pointed out in a speech three weeks after the Final Act was signed, “At Helsinki, for the first time in the postwar period, human rights and fundamental freedoms became recognized subjects of East-West discourse and negotiations. The conference put forward . . . standards of humane conduct, which have been, and still are, a beacon of hope to millions.” In resolutions introduced to our Congress this summer, members noted that the standards of Helsinki provided encouragement and sustenance to courageous individuals who dared to challenge repressive regimes. Many paid a high price with the loss of their freedom or even their lives. Today we have heard from you, the representatives of the many who have struggled in the cause of human rights throughout the years since Helsinki. We are in awe of you, of the difficult and dangerous circumstances of your lives, and of what you have and are accomplishing. Many of us here cannot comprehend the conditions of life in a divided Europe. And those who lived under repressive regimes could not have imagined how quickly life changed after 1989. Political analysts both East and West were astounded at the rapidity with which the citizens of the former Iron Curtain countries demanded their basic rights as citizens of democratic societies. What we have heard time and again is that the Helsinki Final Act did matter. Leaders and ordinary citizens took heart from its assertions. The implementation review meetings kept a focus fixed on its provisions. Even before the Wall came down, a new generation of leaders like Nemeth in Hungary and Gorbachev in the Soviet Union made decisions to move in new directions, away from bloodshed and repression. In the summer of 1989, the Hungarians and Austrian cooperated with the West Germans to allow Romanians and East Germans to migrate to the West. Looking at what was happening in Europe, the young State Department analyst Francis Fukuyama, wrote an article which captured the world's attention. In ``The End of History,'' he claimed that what was happening was not just the end of the Cold War but the end of the debate over political systems. A consensus had formed that democracy, coupled with a market economy, was the best system for fostering the most freedom possible. And then in the night of November 9, 1989, the Berlin Wall opened unexpectedly. Citizens emerging from repressive regimes knew about democracy and told the world that what they wanted more than anything else was to vote in free and fair elections. Only a year after the fall of the Wall, a reunited Germany held elections at the state and national level. Poland, Hungary, and the Baltic states carried out amazing transformations beginning with elections which brought in democratic systems. When Albania descended into chaos in 1997, groups across the country shared a common desire for fair elections. We have seen Croatia and the Slovak Republic re-direct their courses in the past several years, not by violence but through the ballot box. Just a few weeks ago, citizens of Montenegro voted in two cities with two different results, in both instances there was no violence and the new governments are moving forward with reforms to benefit their citizens. OSCE has time and again stepped up to assist with elections and give citizens an extra measure of reassurance that the rest of the world supports them in the exercise of their democratic rights. We are all aware that in the decades since Helsinki, we have seen conflict, torture, and ethnic violence within the OSCE area. Unfortunately, not all areas in the OSCE region made a peaceful transition to the Euro-Atlantic community of democratic prosperity. Some OSCE countries remain one-party states or suffer under regimes which suppress political opposition. Perhaps the most troubled region is the former Yugoslavia. As Laura Silber has written in the text to the BBC series “The Death of Yugoslavia,” “Yugoslavia did not die a natural death. Rather, it was deliberately and systematically killed off by men who had nothing to gain and everything to lose from a peaceful transition from state socialism and one-party rule to free-market democracy.” We need only look at the devastation of Chechnya and the continuing ethnic strife in parts of the former Yugoslavia to realize there is much still to be done in the OSCE region. We must continue our work together to minimize conflict and bring contending sides together, foster economic reforms through enhanced transparency, promote environmental responsibility, and or fight against organized crime and corruption. Human rights remain very much on our agenda as we seek to eradicate torture, and find new solutions for the integration of immigrants, minorities and vulnerable peoples into our political life. “Without a vision,” wrote the prophet Isaiah so long ago, “the people will perish.” We here today have a vision of collective security for all the citizens of the OSCE region. After twenty-five years, the goals embodied in the Helsinki final act remain a benchmark toward which we must continue to work. The Panelists have reminded us today that the Helsinki Final Act has incalculable symbolic meaning to the citizens of our region; we must continue to take on new challenges as we strive to keep this meaning alive. Mr. Crowley. Mr. Speaker, it is my pleasure to yield 8 minutes to the gentleman from Maryland (Mr. Hoyer), the ranking member of the Helsinki Commission. Mr. Hoyer: Mr. Speaker, I thank the distinguished gentleman from New York (Mr. Crowley) for yielding me the time. I thank the gentleman from New York (Mr. Gilman), the Chairman of the Committee on International Relations, for bringing this resolution to the floor. I am pleased to join my very good friend, the gentleman from New Jersey (Mr. Smith), with whom I have served on the Helsinki Commission since 1985 and who is now the chairman of our commission and does an extraordinarily good job at raising high the banner of human rights, of freedom, and democracy and so many other vital values to a free people. I am honored to be his colleague on the Helsinki Commission. Mr. Speaker, I rise in strong support of H.J. Res. 100 which commemorates the 25th anniversary of the signing of the Helsinki Final Act which, was signed on August 1, 1975. It is my firm belief that the political process set in motion by the signing of the Final Act was the groundwork for the forces which consumed the former Soviet empire. In 1975, many of the Final Act signatory states viewed the language of the act dealing with human rights and the obligation that each state had toward its own citizens, as well as those of other states, as essentially meaningless window dressing. Their objective, it was felt that of the Soviets, was to secure a framework in which their international political position and the then existing map of Europe would be adjudged a fait accompli. Let me say as an aside that as we honor the 25th anniversary of the Helsinki Final Act, we ought to honor the courage and the vision of President Gerald Ford. I am not particularly objective. President Ford is a friend of mine for whom I have great affection and great respect, but those who will recall the signing of the Final Act in August of 1975 will recall that it was very controversial, and that many particularly in President's Ford's party thought that it was a sellout to the Soviets, thought that it was, in fact, a recognition of the de facto borders that then existed with the 6 Warsaw Pact nations, captive nations, if you will. President Ford, however, had the vision and, as I said, the courage, to sign the Final Act on behalf of the United States along with 34 other heads of state; that act became a living and breathing process, not a treaty, not a part of international law, but whose moral suasion ultimately made a very significant difference.
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U.S. Helsinki Commission to Hold Briefing on Human Rights in Turkmenistan
WASHINGTON - The Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today announced the following briefing:
Disappeared in Turkmenistan’s Prisons: Are They Still Alive?
Thursday, February 20, 2014
3:00 p.m.
Cannon House Office Building
Room 122
Ten years ago, the Organization for Cooperation in Europe’s Moscow Mechanism was invoked against Turkmenistan after hundreds were arrested in the wake of an alleged coup attempt. The resulting report detailed the lack of rule of law during the arrest process and subsequent trials, as well as the absence of information about the health and whereabouts of those imprisoned. And despite years of inquiries and a change in regime in Turkmenistan, the fate of many of those who have disappeared into Turkmenistan’s prisons over the past ten years remains unknown. Their families deserve answers, and this briefing will take a new look at these cases.
Turkmenistan has been characterized as one of the world’s most repressive countries, with virtually no freedom of expression, association, or assembly. The U.S. Commission on International Religious Freedom again recommended in 2013 that the Secretary of State designate Turkmenistan a “country of particular concern,” and the State Department placed Turkmenistan on its “Tier 2 Watch List” for trafficking in persons - the second lowest category. Imprisonment has been used as a tool for political retaliation against those who do speak out, and Turkmenistan’s prisons – closed to outside monitoring - are notorious for torture, poor conditions, and disease.
The following panelists are scheduled to participate:
- Rachel Denber, Deputy Director, Europe and Central Asia Division, Human Rights Watch
- Catherine Fitzpatrick, Independent Expert on Eurasia
- Peter Zalmayev, Director, Eurasia Democracy Initiative
- Kate Watters, Executive Director, Crude Accountability
- Boris Shikmuradov, Editor, Gundogar.org