Title

Commissioner Camuñez's Remarks on Good Governance

Assistant Secretary, U.S. Department of Commerce, and U.S. Helsinki Commissioner
Michael Camuñez
Washington, DC
United States
Tuesday, October 18, 2011

Economic and Environmental Dimension
Implementation Meeting
Session 3: Good Governance

Before I begin, I’d like to thank the panelists today for their excellent and informative presentations.

The United States has viewed with keen interest the evolving discussions in recent years on what the OSCE’s priorities should be in the Economic and Environmental Dimension.  As our friend and colleague Mr. Svilanovic pointed out during last year’s Vienna Review Conference, we appear to have come to an appreciation that good governance is the key linking theme across the entire second dimension.  The Maastricht Strategy is very clear on this point: “Good public and corporate governance and strong institutions are essential foundations for a sound economy, which can attract investments, and thereby enable States to reduce poverty and inequality, to increase social integration and opportunities for all, and to protect the environment.  Good governance at all levels contributes to prosperity, stability and security.”  As we consider the implementation of our second dimension commitments, however, we should keep in mind why it is important to implement those commitments.

The global economic downturn continues to put extreme pressure on people and governments across the OSCE region.  To be sure, some countries have weathered the storm better than others.  Still, no country can be forever immune to market forces, and even within those that have done well, there are always citizens left behind.  This is certainly the case in the United States, and for this reason President Obama is focused intently on how best to put those Americans without a job back to work.  We all know that trade and investment are critical drivers of economic growth.  Indeed, recognizing this important reality, the Obama Administration has launched the National Export Initiative, which seeks to deepen our strategic trade relationships around the world, recognizing that 85 percent of world GDP growth will occur outside the United States in the coming few years.  As we encourage more American businesses – large and small – to embrace international trade, seek opportunities in new markets, and make strategic investments that will lead to increased global trade flows, we are keenly aware of the challenges and costs posed by official corruption, weak institutions, and lack of respect for property rights, including intellectual property.

Weak governance and lack of transparency constitute non-tariff barriers to trade, which we have committed ourselves to eliminating.  Furthermore, the same issues that deter trade and investment also work against comprehensive security: a lack of transparency in governance leads to diminished confidence that problems and disputes will be addressed in a fair and impartial manner.  Without trust and confidence in public institutions, there is little incentive for investors and companies to pursue trade deals or direct investment in those economies. 

The effect is stagnating economic performance, which, as we have seen in the past several months and years, can lead to political upheaval.   

The United States Government is deeply committed to fostering good governance and transparency in its political and economic institutions.  President Obama has made the global fight against corruption a top priority.  As he has noted, “In too many places, the culture of the bribe is a brake on development and prosperity.  It discourages entrepreneurship, destroys public trust, and undermines the rule of law while stifling economic growth.”   

The real world costs of corruption and weak institutions should not be underestimated.  The World Bank estimates that more than one trillion dollars in bribes are paid each year out of a global economy of approximately 30 trillion dollars.  That's an incredible three percent of the world’s economy.   In 2009, companies lost nearly $25 billion to companies willing to pay bribes in deals for which the outcome is known.  And bribery is especially costly for small and medium-size enterprises (SMEs): a separate study has shown that up to 25 percent of SME operating capital in companies operating internationally is diverted to corruption.  That is a staggering figure that illustrates how corruption diverts scarce resources to thoroughly unproductive ends.

Corruption is a global problem that knows no borders.  And that’s why corruption demands a truly global response – one that knows no limits on collaboration.  The Obama Administration is doing its part to implement its obligations under the OECD Anti-Bribery Convention by enforcing the U.S. Foreign Corrupt Practices Act (FCPA) strictly and fairly.  We are determined to ensure that U.S. businesses do not contribute to corruption in foreign markets.  At the same time, we are determined to do what we can to assist them in the fight against foreign corruption, and against the high risk and significant costs of corruption in such markets.  

Regrettably, at this stage, the lack of enforcement of domestic bribery laws, and of foreign bribery laws by many nations that are Parties to the OECD Anti-Bribery Convention is extremely troubling and raises concerns about a lack of political will.  Governments can and should prosecute both those who give bribes and those who receive them, both at home and abroad.  And the OSCE should continue to encourage participating States to adopt and enforce rigorous anti-bribery regimes.

Of course, the fight against corruption is not simply a law enforcement matter; rather it can also be a significant – if not the most significant – non-tariff barrier all companies face.  Accordingly, the U.S. Department of Commerce and the International Trade Administration (or ITA) are committed to working with our trading partners to level the playing field and to promote transparent and corruption-free markets globally.  Our work to promote clean and ethical business environments occurs at both the multilateral and bilateral level.  At the multilateral level, the ITA is pressing its counterparts to lead by example and to implement comprehensive anti-corruption measures.  

In addition to our work through the OECD, the United States has been working diligently to persuade the G20 countries to adopt a comprehensive anti-corruption action plan, which includes a commitment focused on adoption and robust enforcement of anti-bribery laws, implementation of the UN Convention Against Corruption, greater engagement with the private sector, and support for transparency mechanisms, to name a few.  Many of these commitments require our G20 partners to enact and implement new laws and preventive measures.  

The United States, at ITA’s initiative, in particular, took the lead on proposals relating to the private sector and also on whistleblower protection, within the G20.  In the United States, whistleblowers play a crucial role in helping to enforce anti-corruption law.  This principle is also embodied in international conventions.  Articles 12 and 13 of the UN Convention require States Parties to prevent corruption in the private sector and promote the fight against corruption with the business community and civil society.  Unless governments can protect whistleblowers, it is unlikely that they can identify or address systemic causes of corruption.  The United States believes robust whistleblower protection should be an essential part of any good governance initiative in the OSCE, and I was encouraged to hear Ambassador O’Leary indicate that this will be an area of focus under the Irish Chairmanship.  

The U.S. Department of Commerce has also been committed to fostering strong private sector integrity as an integral part of promoting good governance in markets worldwide.  Companies are global corporate citizens, and as such, can work collectively and with governments to foster trust, and promote transparency.  I hope that some our work may provide a useful model for the OSCE to consider as it looks to embrace good governance and anti-corruption as a priority for the second dimension, a goal we fully support, and which I am personally committed to supporting.

For example, the ITA has championed business ethics and corporate governance reform since the early 1990s, following the fall of the Berlin Wall.  Our Business Ethics Manual has been translated into Chinese, Spanish and Russian and is still one of the most widely used resources on this important topic.  We have partnered with business associations and chambers of commerce to develop collective action and business ethics program in many markets.  

Our work on business ethics has grown.  This past year, the ITA has focused on trying to heighten awareness of good governance, transparency and business ethics in sectors of vital importance to many economies – by taking a “sectoral” approach to combating corruption and promoting good business practice, the challenge of dealing with corruption becomes less daunting.  The ethical issues specific to different industries vary greatly – and there is no one-size-fits-all approach to the problem.  Within the G20, for example, the United States, at the initiative of the U.S. Department of Commerce, has taken the lead in calling for the G20 to endorse additional sectoral approaches to fighting corruption, beyond the Extractive Industries Transparency Initiative (EITI).  We have asked G20 governments, for example, to consider supporting the Construction Sector Transparency Initiative (COST) – a new multistakeholder initiative, developed by the World Bank.  COST uses similar approaches to EITI to promote greater transparency in public infrastructure projects and government procurement.  I hope that the OSCE might similarly consider COST and other multistakeholder approaches to promoting transparency under the Irish chairmanship.    

Within APEC, the ITA has focused on developing new ethical principles for key sectors within the APEC region.  I am pleased to report that under the APEC SME working group, we have coordinated a project with APEC countries and businesses to develop principles of business ethics in the construction, medical devices and biopharmaceutical sectors.  These voluntary principles are meant to be used by businesses and trade associations – large and small – to guide their ethical interactions with public officials and institutions.   I hope that within the OSCE framework and the EEDIM, we might also consider focusing on business ethics in specific sectors of interest to all of our economies. 

I want to close by suggesting some activities to take the theme of good governance and transparency forward.  In addition to encouraging the OSCE to formally endorse the Extractive Industries Transparency Initiative—a move that would send an important signal about this body’s commitment to the principles of good governance and transparency—the U.S. encourages us to explore whether there are additional sectoral initiatives that merit support from the OSCE, including the Construction Sector Transparency Initiative.  The United States Government also strongly supports the Irish Chair’s goal to develop a Statement or Declaration of Transparency Principles to help guide our governments in their future activities.

I want to encourage us to consider new models of bilateral cooperation to promote good governance such as the model Mr. Murray just discussed, leading to a public-private initiative in the Russian power generation sector.  

We at the U.S. Department of Commerce are working closely with the Center for Black Sea/Caspian Studies at American University to potentially convene a conference in May of next year that would seek to address the challenge of developing mechanisms to ensure good governance and transparency, while also balancing the goals of protecting national security and accelerating economic development faced by the countries of the Caucasus and Central Asia, as they seek to assert their role as a gateway between Europe and Asia.  In addition, the conference will also focus on specific market access challenges to regional integration and economic development in the Caucasus and Central Asia such as transparency in Government procurement and privatization, and trade facilitation challenges, including customs and lack of regional harmonization.  It is our hope that the OSCE will join us for this event – focused on critical areas such as transport and infrastructure – to work on tangible ideas for projects and collaborations in the OSCE region.

We look forward with great interest to the 20th Economic and Environmental Forum, where we will delve deeper into all the facets of good governance.  We also thank the Lithuanian Chairman-in-Office for ensuring that their draft Ministerial Council decision on Energy Security incorporates transparency in the energy sector – in our view, considering the vital role that energy plays in modern economic life, there can be no confidence, and thus no security, without energy transparency.  In the year ahead, we envision an even broader focus on transparency principles across the entire spectrum of economic and environmental activities, and will work with all of our colleagues in the OSCE to make that vision a reality.

Thank you, Mr. Moderator.

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Since 1996, President Lukashenka has been responsible for numerous unconstitutional steps. He unilaterally extended his term until 2001 after he promised to hold democratic elections in 1999. He replaced the 13th Supreme Soviet with a rubberstamp parliament and he rewrote the country's constitution. Belarus has turned into a country where those who choose to participate in civil society by speaking truth to power must do so at great risk to their freedom, and even their lives, under Lukashenka's rule. Two prominent opposition figures, General Yuri Zakharenko and Viktor Gonchar, as well as another associate, Anatoly Krasovsky, have disappeared. Many of the people arrested on March 25 as well as other peaceful protesters were members of the opposition. Belarus' economy is apparently imploding and neighboring countries, Poland, Lithuania, and Latvia, are concerned about regional instability. Our resolution condemns the arrest of opposition figures and the disappearance of others; calls for a dialogue between Lukashenka and the opposition; calls for the restoration of a democratically-elected government and democratic institutions; calls on the U.S. President to fund travel by Belarusian opposition figures and non-governmental organizations in Belarus; and supports information flows into Belarus. Belarus is not making progress. We must do what we can to sustain the remarkable progress of the other countries that have transformed themselves into fully democratic market democracies, and encourage the development of a democracy in Belarus. Mr. Campbell: Mr. President, on March 25, Belarusian authorities harshly suppressed a pro-democracy demonstration in the capital of Minsk, arresting and detaining hundreds of peaceful protestors, including nearly 30 domestic and foreign journalists. Riot police, deployed with dogs and armored personnel carriers, used excessive force against some peaceful demonstrators. Among those detained and beaten was democratic opposition leader Anatoly Lebedka, Deputy Chairman of the 13th Supreme Soviet. Many of my Senate colleagues met Mr. Lebedka last September when I introduced him right here on the Senate floor. Mr. Lebedka was just in Washington earlier this month to testify at a Helsinki Commission hearing about the deteriorating situation in Belarus. Based on information I obtained from the State Department, I am advised that Anatoly Lebedka was arrested by plainclothes police during the demonstration, kept in detention, and reportedly beaten over the course of two days. He spent most of Monday in a police van outside the courthouse awaiting trial, but was released at 5:00 p.m. His trial has been scheduled for April 4. Mr. President, the harsh overreaction by the authorities to this peaceful demonstration represents a clear violation of the freedom of association, assembly, and information guaranteed both by the Belarusian constitution and OSCE agreements. In addition, the Belarusian authorities detained a U.S. citizen who is an accredited diplomat and a member of the OSCE Advisory and Monitoring Group in Belarus, and who was observing the demonstration in line with his official responsibilities. This action also violates international conventions. It appears that the green light for the most recent crackdown was given by Belarusian President Lukashenka, who praised the police for their actions. Reports indicate that earlier this month, he cautioned that the riot police will “beat the stuffing out” of any protestor who “gets out of line.” Unfortunately, the suppression by the Belarusian authorities of peaceful protest, along with the sentencing last week of a prominent member of the opposition, does nothing to encourage a constructive dialogue with the democratic opposition that can lead Belarus out of its continuing constitutional impasse and end its self-imposed international isolation. Mr. President, I call upon the Government of Belarus to thoroughly investigate reports of police brutality during the course of the demonstration and subsequent detentions and take measures to ensure that citizens are guaranteed their rights to engage in peaceful protests, keeping with that country's OSCE commitments. I was pleased to join Senator Durbin as an original cosponsor to Senate Concurrent Resolution 75 which we introduced last November. That resolution summarized many of the political problems facing the democratic opposition in Belarus expressing strong opposition to the continued egregious violations of human rights, the lack of progress toward the establishment of democracy and the rule of law in Belarus, and calls on President Lukashenka to engage in negotiations with the representatives of the opposition and to restore the constitutional rights of the Belarusian people. In light of the recent violent crackdown on pro-democracy demonstrators last weekend, I urge my colleagues to support passage of the Durbin/Campbell resolution. Mr. President, I ask unanimous consent that a news report from the Washington Post on this latest crackdown be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: [From the Washington Post, Mar. 26, 2000] Belarus Police Crack Down on Protest Minsk, Belarus.: “Hundreds of police beat back thousands of protesters at an opposition rally, sending armored personnel carriers into central Minsk and detaining 400 people in one of the country's harshest crackdowns on dissent in recent years. The rally was held to commemorate the founding of the Belarusian Popular Republic on March 25, 1918, when German forces were ousted from Minsk in the waning days of World War I. The independent state was short-lived and within a year, much of Belarus was part of the Soviet Union. Belarus' hardline government had said it would allow the rally to be held on the outskirts of Minsk, but several thousand demonstrators went instead to a central square in the capital.”

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  • The Ordeal of Andrei Babitsky

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Everything that we read about concentration camps of the Stalin period, all that we know about the German camps, all this is present there. The first three days that I spent there, that was the 18th, 19th and the 20th, beatings continued round the clock. I never thought that I would hear such a diversity of expressions of human pain. These were not just screams, these were screams of every possible tonality and depth, these were screams of most diverse pain. Different types of beatings cause a different reaction. Q. Are you saying that you got this treatment? A. No, that was the treatment meted out to others. I was fortunate, it was established at once that I am a journalist, true, nobody knew what type of journalist I was. Everybody there were surprised that a journalist happened to be there. In principle, the people there cannot be described as intellectuals. They decided that there was nothing special about this, that such things do happen in a war. 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They were really common folk. They were treating everything happening around them as a calamity but they were not taking any sides. They were simply waiting for this calamity to pass either in this direction or that direction. Beatings as a method of getting testimony. This is something that, unfortunately, is very well known in Russian and not only Russian history and tradition. But I must say that apart from everything, in my opinion, in all this torture, as it seemed to me, a large part is due to sheer sadism. In other words, an absolutely unwarranted torturing of people. For instance, I heard ..... You know, you really can't see this because all this happens outside of your cell. But the type of screams leaves no doubt about what is happening. You know this painful reaction. For two hours a woman was tortured on the 20th or the 19th. She was tortured; I have no other word to explain what was happening. That was not hysteria. I am not a medic but I believe that we all know what hysteria is. There were screams indicting that a person was experiencing unbearable pain, and for a long period of time.

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  • Hearing Announced on Kosovo's Displaced and Imprisoned

    WASHINGTON—The Commission on Security and Cooperation in Europe today announced a forthcoming hearing: Kosovo’s Displaced and Imprisoned Monday, February 28 2:00 p.m. to 4:00 p.m. Room B-318, Rayburn House Office Building   Open to Members, Staff, Public and Press Scheduled to testify: Bill Frelick, Director of Policy, U.S. Committee for Refugees His Grace Artemije, Serbian Orthodox Bishop of Prizren and Raska Andrzej Mirga, Co-Chair of the Council of Europe Specialists Group on Roma and Chairman of the Project on Ethnic Relations Romani Advisory Board Susan Blaustein, Senior Consultant, International Crisis Group Approximately two years ago, a decade of severe repression and lingering ethnic tensions in Kosovo erupted into full-scale violence, leading eventually to NATO intervention in early 1999 and UN administration immediately thereafter. The conflict in Kosovo was ostensibly between the Serbian and Yugoslav forces controlled by Yugoslav President Slobodan Milosevic—since indicted for war crimes—on the one hand, and the Kosovo Liberation Army which arose from more militant segments of Kosovo’s Albanian majority on the other. As with previous phases of the Yugoslav conflict, however, the primary victims have largely been innocent civilians. Over one million ethnic Albanians were displaced during the conflict, as well as over one hundred thousand Serbs and tens of thousands of Roma in the aftermath of the international community’s intervention. Senseless atrocities were frequently committed throughout this process of forced migration. Many remain unable to return, and the recent violence in the northern city of Mitrovica demonstrates the continued volatility of the current situation. Meanwhile, a large number of Kosovar Albanians, removed from the region while it was still under Serbian control, languish in Serbian prisons to this day. The February 28 hearing intends to focus on the plight of these displaced and imprisoned people from Kosovo, as well as the prospects for addressing quickly and effectively their dire circumstances.

  • Change in Croatia

    Mr. Speaker, in October of last year, I expressed concerns in this Chamber on the condition of democracy in Croatia.   At that time, the leadership of Croatia was resisting the transition towards free elections, stalling the construction of democratic institutions, flaunting the rule of law, and squashing ethnic diversity. Those that held power were maintaining it in two significant ways. The first was through the manipulation of the political system to their advantage, including, in particular, efforts to control the media and the unwillingness to allow free and fair elections. Second, there was heavy reliance on nationalist passions for support. Zagreb's policies swayed the loyalties of Croats in neighboring Bosnia and made it difficult for the displaced Serb population to return to the country.   Since last October, things have changed drastically and for the better. In the Parliamentary election of January 3, the desire of the people for change was manifested as the party that had ruled since the fall of communism was defeated by an opposition coalition led by the new Prime Minister, Ivica Racan. Meanwhile, in a special presidential election on February 7 to succeed the late Franjo Tudjman, Stipe Mesic won on promises of reform, of a more democratic political system with diminished power for the presidency, of greater cooperation with The Hague in the prosecution of war criminals, of progress in the implementation of the Dayton Accords in Bosnia, and of the return of Croatia's displaced Serb population. These changes have been universally applauded, specifically by Secretary of State Madeleine Albright during her visit to Croatia on February 2. In fact, Mr. Speaker, I join the Secretary of State in commending the new policies of Croatia's leaders, and I complement our able Ambassador to Croatia, William Montgomery, for his role in pressing for democratic change.   Mr. Speaker, it is good that Croatia's new leadership is talking about substantial reform. However, we must be sure that it is not just talk. We must be sure to encourage Croatia to move closer towards full freedom, true justice, and greater prosperity for all of her citizens, regardless of ethnicity. We must continue to press for the surrender to The Hague of those indicted for war crimes. As we do, we must be ready to support Croatia, even as we have been ready to criticize Croatia's shortcomings in the past. Recent violence in southeastern Europe underscores the need for true democracy in the region. In closing, I congratulate Croatia's new leadership and its promise of progress. Now that reform is on the horizon, I am hopeful that Croatia will soon be an integrated partner in European affairs.  

  • Chechen Parliamentarians

    Representative Chris Smith, Chairman of the Commission, addressed the “war of destruction” in Chechnya and the Russian government’s claim of it being an anti-terrorist operation. Smith condemned Russia’s actions on behalf of the Commission and highlighted its application of indiscriminate force on an entire population to punish a handful of guilty. In response to concern from the international community, the Russian Government and military simply claim that the conflict is an internal matter. The witnesses – Seilam Bechaev, Vice President of the Chechen Praliament and Mr. Tourpal-Ali Kaimov, Chairman of the Budget Committee of the Chechen Parliament – discuss the current state of Chechnya and its deterioration since declaring independence in 1997.

  • Promoting and Protecting Democracy in Montenegro

    At this hearing, witnesses warned of the potential for conflict in the Balkans if democracy failed to take hold in Montenegro.  As Chairman Christopher Smith noted, Montenegro had been moving towards democratic reform since 1997 and its leaders distanced themselves from the ethnic violence in neighboring Croatia, Bosnia, and Kosovo. However, in Serbia, Milosevic’s regime was becoming more entrenched. Witness Srdjan Darmanovic, the director of the Center for Democracy and Human Rights in Podgorica, was concerned that without as a serious strategy for preserving peace and stability in the region provided by the West, Milosevic’s regime would start a conflict with Montenegro.

  • Report on Ukraine's Presidential Elections: October and November 1999

    On November 14, President Leonid Kuchma was re-elected for another 5-years term as President of Ukraine, beating Communist Party candidate Petro Symonenko, with 56.3 percent of the votes to Symonenko's 37.8 percent. More than 27 million people, nearly 75 percent of the electorate, turned out to vote. Nearly one million people, or 3.5% of the voters, selected the option of voting for neither candidate. Despite the economic decline and widespread corruption that were hallmarks of his first term, voters chose to re-elect Kuchma, principally out of fear of a return of communism, and certainly not due to any enthusiastic embrace of his economic policies. While there were violations of Ukraine's elections law and OSCE commitments on democratic elections, especially during the second round, these did not have a decisive affect on the outcome, given Kuchma's substantial margin of victory (over five millions votes). The elections were observed by some 500 international observers, with the largest contingent by far coming from the OSCE, and some 16.000 domestic observers. While the West welcomed the Ukrainian people's rejection of communism and any plans to reinvent the Soviet Union or Russian empire, the lack of economic reforms, as well as inappropriate governmental involvement in the election campaign, dampened Western exuberance over Kuchma's election victory. Following his victory, President Kuchma claimed a mandate and promised to work resolutely for economic reforms. This, however, needs to be weighed against his dismal economic record and the questionable resumes of some of his major campaign supporters. Western governments, including the United States, almost immediately reiterated their commitment to assisting Ukraine's transition to democracy and a market economy. At the same time, these governments are waiting to see if the reality will match the rhetoric of reform.                     

  • Tear Down the Usti Wall, Drop the Charges against Ondrej Gina

    Mr. Speaker, in recent weeks, we have seen a number of historic dates come and go, with appropriate commemoration. November 9, for example, marked the tenth anniversary since the fall of the Berlin Wall. Yesterday, November 17, is recognized as the commencement of the Velvet Revolution which unleashed the forces of democracy against the totalitarian regime in Czechoslovakia. To mark that occasion, George Bush, Margaret Thatcher, Mikhail Gorbachev and other former leaders from the day met with President Vaclav Havel in Prague. Beyond the symbolism of those dates, they have had other meaning. Many of us had hoped that the wall in Usti nad Labem, Czech Republic, a symbol of racism, would be brought down on the anniversary of the fall of the Berlin Wall. Regrettably, November 9, came and went, and the Usti Wall still stood. We had hoped that the Usti Wall would come down on November 17. Some Czech officials even hinted this would be the case. Regrettably, November 17 has come and gone, and the Usti Wall still stands. Now, I understand some say the Usti Wall should come down before the European Union summit in Helsinki, scheduled for December 6. Mr. Speaker, the Usti Wall should never have been built, and it should come down now, today. As President Reagan exhorted Mr. Gorbachev more than ten years ago, so I will call on Czech leaders today: Tear down the Usti Wall. Last fall, a delegation from the Council of Europe visited Usti nad Labem. Afterwards, the Chairwoman of the Council's Specialist Group on Roma, Josephine Verspaget, held a press conference in Prague when she called the plans to build the Usti Wall “:a step towards apartheid.” Subsequently, the United States delegation to the OSCE's annual human rights meeting in Warsaw publicly echoed those views. Since the construction of the Usti Wall, this sentiment has been voiced, in even stronger terms, by Ondrej Gina, a well-known Romani activist in the Czech Republic. He is now being prosecuted by officials in his home town of Rokycany, who object to Gina's criticisms. The criminal charges against Mr. Gina include slander, assault on a public official, and incitement to racial hatred. In short, Mr. Gina is being persecuted because public officials in Rokycany do not like his controversial opinions. They object to Mr. Gina's also using the word “apartheid.” I can certainly understand that the word “apartheid” makes people feel uncomfortable. It is an ugly word describing an ugly practice. At the same time, if the offended officials want to increase their comfort level, it seems to me that tearing down the Usti Wall, not prosecuting Ondrej Gina, would be a more sensible way to achieve that goal. As it stands, Mr. Gina faces criminal charges because he exercised his freedom of expression. If he is convicted, he will become an international cause célebre. If he goes to jail under these charges, he will be a prisoner of conscience. Mr. Speaker, it is not unusual for discussions of racial issues in the United States to become heated. These are important, complex, difficult issues, and people often feel passionate about them. But prosecuting people for their views on race relations cannot advance the dialogue we seek to have. With a view to that dialogue, as difficult as it may be, I hope officials in Rokycany will drop their efforts to prosecute Mr. Gina.

  • Expressing United States Policy toward the Slovak Republic

    Mr. SMITH of New Jersey. Mr. Speaker, as chairman of the Helsinki Commission, I watched for several years as the human rights situation in Slovakia deteriorated under the leadership of former Prime Minister Vladimir Meciar. I saw how the fledgling democratic institutions of that new country were undermined, how parliamentary and constitutional processes were threatened, and how the rule of law was slowly but surely choked. I, joined by colleagues from the Commission, raised these issues time and again with Slovak officials, as did other officials of the U.S. Government. Unfortunately, Mr. Meciar was not very receptive to our arguments.   As it happened, however, the fate of the democratic process in Slovakia was not left to the tender mercies of Vladimir Meciar. A year ago, the people of Slovakia took matters into their own hands. In an election carefully monitored by the OSCE, voters returned to office a coalition government that ended Meciar's increasingly authoritarian rule.   Initially, this broadly based, some might even say weak, coalition seemed to stand only for one thing: it was against Meciar. But in the year that has passed, we cannot say that this government is not simply united in its opposition against the former regime, it is united in its commitment for democracy, for the rule of law, for a free market economy, for a transparent privatization process that is accountable to the people, and for a community of democracies dedicated to the protection of their common security.   Mr. Speaker, the process of transition that Slovakia struggles with today is not an easy one. In fact, many of the commemorations held this month to celebrate the fall of the Berlin Wall and the end of communism have focused on just how difficult this transition has been, including for Slovakia's closest neighbors. In spite of this, the Slovak Government has proceeded to make some very tough decisions this year. I am particularly impressed by the willingness of Prime Minister Dzurinda to make decisions that, while necessary for the long term, economic well-being of his country, may be very politically unpopular in the short term. That takes courage.   I know, of course, that Slovakia still has a lot of work ahead. As in most other European countries, there is much that should be done in Slovakia to improve respect for the human rights of the Romani minority. But there is much that Slovakia has accomplished in the past year and, especially as someone who has been critical of Slovakia in the past, I want to acknowledge and commend those achievements. Mr. Speaker, I hope others will join me in sending this message and will support H. Con. Res. 165.

  • Democratization and Human Rights in Central Asia

    Mr. Speaker, I am disappointed that the House schedule did not permit consideration of my resolution, H. Con. Res. 204, which has been co-sponsored by Representative Hoyer, Representative Forbes and Representative McKinney. The resolution voices concern about serious violations of human rights and fundamental freedoms in most states of Central Asia, in particular, substantial noncompliance with OSCE commitments on democratization and the holding of free and fair elections. Among the countries of the former Soviet Union, only in Ukraine and Moldova have sitting presidents lost an election and peacefully left office. We will yet see what happens in Russia, where President Yeltsin has launched another war in Chechnya. It may be too much, given the historical differences between our respective societies, to hope the post-Soviet states could find among their political leaders a George Washington, who could have been king but chose not to be, and who chose to leave office after two terms. But it is not too much to hope that other post-Soviet leaders might emulate Ukraine's former President Leonid Kravchuk or Moldova's former President Mircea Snegur, not to mention Lithuania's Algirdas Brazauskas, who all allowed a peaceful transfer of power. Unfortunately, Mr. Speaker, Central Asian leaders give every indication of intending to remain in office for life. Their desire for unlimited and permanent power means that they cannot implement all OSCE commitments on democracy, the rule of law and human rights, as doing so would create a level playing field for challengers and allow the media to shine the light on presidential misdeeds and high-level corruption. The result has been an entire region in the OSCE space where fundamental OSCE freedoms are ignored while leaders entrench themselves and their families in power and wealth. To give credit where it is due, the situation is least bad in Kyrgyzstan. President Akaev, a physicist, is the only Central Asian leader who was not previously the head of his republic's Communist Party. One can actually meet members of parliament who strongly criticize President Akaev and the legislature itself is not a rubber stamp body. Moreover, print media, though under serious pressure from the executive branch, exhibit diversity of views and opposition parties function. Still, in 1995, two contenders in the presidential election were disqualified before the vote. Parliamentary and presidential elections are approaching in 2000. Kyrgyzstan's OSCE partners will be watching carefully to see whether they are free and fair. Until the mid-1990s, Kazakstan seemed a relatively reformist country, where various political parties could function and the media enjoyed some freedom. But President Nazarbaev dissolved two parliaments and single-mindedly sought to accumulate sole power. In the last few years, the regime has become ever more authoritarian. President Nazarbaev has concentrated all power in his hands, subordinating to himself all other branches and institutions of government. A constitutional amendment passed in October 1999 conveniently removed the age limit of 65 to be president. The OSCE judged last January's presidential elections, from which a leading opposition contender was barred as far short of OSCE standards. Last month's parliamentary election, according to the OSCE, was “severely marred by widespread, pervasive and illegal interference by executive authorities in the electoral process.” In response, President Nazarbaev has attacked the OSCE, comparing it to the Soviet Communist Party's Politburo for trying to “tell Kazakstan what to do.” Tajikistan has suffered the saddest fate of all the Central Asian countries; a civil war that killed scores of thousands. In 1997, the warring sides finally ceased hostilities and reached agreement about power-sharing, which permitted a bit of hopefulness about prospects for normal development and democratization. It seems, however, that the accord will not ensure stability. Tajikistan's Central Election Commission refused to register two opposition candidates for the November 6 presidential election. The sole alternative candidate registered has refused to accept the results of the election, which, according to official figures, current President Emomaly Rakhmonov won with 97 percent of the vote, in a 98 percent turnout. Those numbers, Mr. Speaker, say it all. The OSCE properly declined to send observers. Benighted Turkmenistan practically beggars description. This country, which has been blessed with large quantities of natural gas, has a political system that combines the worst traits of Soviet communism with a personality cult seen today in countries like Iraq or North Korea. No dissidence of any kind is permitted and the population enjoys no human rights. While his impoverished people barely manage to get by, President Niyazov builds garish presidential palaces and monuments to himself. The only registered political party in Turkmenistan is the Democratic Party, headed by President Niyazov. In late October he said the people of his country would not be ready for the stresses and choices of a democratic society until 2010, adding that independent media are “disruptive.” On December 12, Turkmenistan is holding parliamentary “elections,” which the OSCE will not bother to observe. Finally, we come to Uzbekistan. The Helsinki Commission, which I chair, held hearings on democratization and human rights in Uzbekistan on October 18. Despite the best efforts of Uzbekistan's Ambassador Safaev to convince us that democratization is proceeding apace in his country, the testimony of all the other witnesses confirmed the widely held view that after Turkmenistan, Uzbekistan is the most repressive country in Central Asia. No opposition political activity is allowed and media present only the government's point of view. Christian denominations have faced official harassment. Since 1997, a massive government campaign has been underway against independent Muslim believers. In February of this year, explosions rocked Tashkent, which the government described as an assassination attempt by Islamic radicals allied with an exiled opposition leader. Apart from elections, a key indicator of progress towards democratization is the state of media freedom. On October 25-27, an International Conference on Mass Media in Central Asia took place in Bishkek, Kyrgyzstan. Not surprisingly, Turkmenistan did not allow anyone to attend. The other participants adopted a declaration noting that democratization has slowed in almost all Central Asian states, while authoritarian regimes have grown stronger, limiting the scope for genuine media freedom as governments influence the media through economic means. I strongly agree with these sentiments. The concentration of media outlets in pro-regime hands, the ongoing assault on independent and opposition media and the circumscription of the media's legally-sanctioned subject matter pose a great danger to the development of democracy in Central Asia. Official statistics about how many media outlets have been privatized cover up an alarming tendency towards government monopolization of information sources. This effectively makes it impossible for citizens to receive unbiased information, which is vital if people are to hold their governments accountable. Mr. Speaker, it is clear that in Central Asia, the overall level of democratization and human rights observance is poor. Central Asian leaders make decisions in a region far from Western Europe, close to China, Iran and Afghanistan, and they often assert that “human rights are only for the West” or the building democracy “takes time.” But delaying steps towards democracy is very risky in the multi-ethnic, multi-religious region of Central Asia, where many people are highly educated and have expectations of faster change. If it does not come, tensions and conflicts could emerge that could endanger security for everyone. To lessen these risks, continuous pressure will be needed on these countries to move faster on democracy. Even as the United States pursues other interests, we should give top priority to democracy and respect for human rights, or we may live to regret not doing so.

  • Torture in Turkey

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

  • Chechen Crisis and its Implications for Russian Democracy

    This hearing of the Commission on Security and Cooperation in Europe was held to discuss the renewed military action taken against Chechnya in response to terrorist bombings. There is extensive discussion on the ramification of Russian human rights violations for the state of Russian Democracy. Additionally, there are several arguments that the war could destabilize the Caucus region.

  • Crackdown in Belarus

    Mr. President, just a few weeks ago, many of my Senate colleagues met a young, dynamic parliamentarian from Belarus, Mr. Anatoly Lebedko, right here on the Senate floor. He impressed us with his dedication and commitment as he advocates for democracy and the rule of law in his home country currently being rule by a repressive regime. You can imagine how shocked and concerned I was to receive a call from the State Department this week informing me Mr. Lebedko had been picked up by the authorities as part of the latest crackdown in Belarus. I am sure my colleagues who met Mr. Lebedko share my concern for his well-being and for the safety of all of those struggling for democracy and freedom of speech.   Eight years after the break-up of the Soviet Union, Belarus finds itself increasingly isolated from the rest of Europe as a direct consequence of the authoritarian policies pursued by its present government which have stifled that country's fledgling democracy and market economy. The Helsinki Commission, which I co-chair, held a hearing a few months ago to assess democracy and human rights in Belarus. In July, a number of Commission members and I had the opportunity to hear Mr. Lebedko address the annual Parliamentary Assembly meeting of the Organization of Security and Corporation in Europe (OSCE ) in St. Petersburg, where he outlined developments in Belarus and the prospects for genuine political and economic reforms. Clearly, the cycle of political and economic stagnation in Belarus will only come to an end through genuine dialogue based on human rights, democracy and the rule of law.   The Helsinki Commission has called on Belarus to adopt meaningful political and economic reforms in keeping with that country's obligations as a participating State of the OSCE. On September 3, the government and opposition in Belarus began consultations at the office of the OSCE Advisory and Monitoring Group in Minsk. These talks, long urged by the international community and the Helsinki Commission could represent an important step in beginning the process of reversing the bleak human rights and democratization picture in Belarus.   Until recently I had been encouraged by what appeared to be the start of a dialog between the Belarusian Government and opposition. However, there have been a number of disturbing developments, including continued harassment of opposition members, a renewed crackdown on the independent media in recent weeks, and now the detainment of Mr. Lebedko.   We recently wrote to Secretary of State Albright voicing concern about the situation in Belarus and called on the State Department to intensify its work in this area. This most recent development underscores our concerns. I ask unanimous consent that copies of our letter to the Secretary of State, a letter we sent to the President of Belarus, along with recent news clips be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: Commission on Security and Cooperation in Europe, Washington, DC, October 15, 1999. Hon. Madeleine Korbel Albright, Secretary of State, Department of State, Washington, DC.   Dear Madam Secretary: We are writing to voice our growing concern over violations of the principles of democracy, human rights, and the rule of law in Belarus under the authoritarian leadership of Aleksandr Lukashenka, who remains in power despite the expiration of his legal presidential mandate last July. The fledgling opposition in Belarus deserves both our moral and material support as they seek to overcome the legacy of Communism and authoritarianism and build a democratic society firmly rooted in the rule of law. Many of us recently had an opportunity to meet with Anatoly Lebedko of the United Civic Party of Belarus, a young political leader who, despite personal risk, continues to openly criticize the Lukashenka regime. His personal safety is of particular concern as he returns to Belarus following an intense crackdown against the opposition. In recent weeks, Lukashenka has reportedly authorized a series of measures designed to further suppress Belarus' already beleaguered opposition. Border controls have apparently been tightened and officials in Minsk and other large cities have been instructed to ban public protests and demonstrations. The few remaining independent opposition newspapers, including Naviny and Kuryer, have likewise come under increased pressure from the authorities. Lukashenka's campaign of harassment and intimidation of the political opposition has intensified. Former Premier Mikhail Chigir, arrested in March on politically-motivated charges, remains imprisoned. A number of other former government officials and political opposition figures continue to be subjected to lengthy pre-trial detention on similar changes. In a particularly disturbing development, several prominent opposition leaders, including Viktor Gonchar, Tamara Vinnikova, and Yuri Zakharenka, have simply disappeared. Madam Secretary, we urge you to intensify pressure on the Lukashenka regime for the immediate release of all political detainees in Belarus and a full accounting of those who have disappeared. We further urge you to ensure that adequate resources are made available on an urgent basis to support those programs aimed at strengthening independent media, human rights, civil society, independent trade unions and the democratic opposition in Belarus. Sincerely, Christopher H. Smith, M.C., Chairman. Steny H. Hoyer, M.C., Ranking Member, House. William V. Roth, Jr., U.S.S. Benjamin L. Cardin, M.C. Alcee L. Hastings, M.C. Ben Nighthorse Campbell, U.S.S., Co-Chairman. Trent Lott, U.S.S. Kay Bailey Hutchison, U.S.S. Frank R. Wolf, M.C. Jesse Helms, U.S.S. Commission on Security and Cooperation in Europe, Washington, DC, October 19, 1999.   His Excellency Alyaksandr Lukashenka, President, Republic of Belarus, Minsk, Belarus. Dear President Lukashenka: We are writing to express our serious and growing concerns about recent developments in Belarus. Until recently, we were becoming more hopeful that meaningful dialogue between the Belarusian Government and opposition would take place. Within the last month, however, violations of the principles of human rights, democracy and rule of law have come to our attention that, frankly, lead us to question your government's seriousness in finding a solution to the problems of democracy in Belarus. We were disturbed to learn of the arrest earlier today of democratic opposition leader Anatoly Lebedko, for allegedly participating in “an unsanctioned march.” Our concerns include the following: The continued imprisonment of former Prime Minister Mikhail Chygir, who was supposed to be released from investigative detention where he has been held for six months. The disappearances of former Central Election Commission Chairman Viktor Gonchar, his colleague Yuri Krasovsky, former Interior Minister Yuri Zakharenka, and former National Bank Chair Tamara Vinnikova. Increased attempts to stifle freedom of expression, including the annulling of registration certificates of nine periodicals, and especially the harassment of Naviny through the use of high libel fees clearly designed to silence this independent newspaper. The denial of registration of non-governmental organizations, including the Belarusian Independent Industrial Trade Union Association. The police raid, without a search warrant, on the human rights organization Viasna-96, and confiscation of computers which stored data on human rights violations. Criminal charges against opposition activist Mykola Statkevich and lawyer Oleg Volchek and continued interrogation of lawyer Vera Stremkovskaya. The initial attack by riot police against peaceful protestors in last Sunday's Freedom March. Your efforts to address these concerns would reduce the climate of suspicion and fear that currently exists and enhance confidence in the negotiation process which we believe is so vital to Belarus' development as a democratic country in which human rights and the rule of law are respected. Sincerely, Christopher H. Smith, M.C., Chairman. Steny H. Hoyer, M.C., Ranking Member.   From the Washington Post, Sept. 30, 1999: Belarus Opposition Paper to Close. Minsk, Belarus. A leading opposition newspaper in Belarus said it was shutting down following a court order to pay an exorbitant fine, to the minister of security over an article he said injured his reputation. The Naviny newspaper, which has come under frequent pressure from Belarus's authoritarian government, said in its last issue that “both the suit and the trial were a cover-up for a carefully planned campaign by the authorities seeking to close down our newspaper.”   From the Washington Post, Oct. 19, 1999 Belarusan Officials Blame West for Riots. Minsk, Belarus. Belarusan authorities accused the West of being behind street clashes between some 5,000 opposition demonstrators and police in which at least 92 people were arrested. But Dmitri Bondarenko of the opposition Khartiya-97 movement said police started the fighting and another opposition member said authorities have long provoked violence by repression. The fighting broke out Sunday in Minsk following an authorized rally by about 20,000 people. The demonstrators were protesting the disappearance of several leading opposition figures and President Alexander Lukashenka's drive to reunite Belarus, a former Soviet republic, with Russia.

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