Title

Statement by Commissioner Representative Mike McIntyre at the OSCE PA Fall Meeting

Hon.
Mike McIntyre
Geneva
Switzerland
Friday, October 03, 2014

OSCE PA Autumn Meeting

Session 1: Political and Military Dimension Debate on the Crisis in Ukraine 

This Parliamentary Assembly spoke clearly on this matter in the Declaration adopted at the annual session in Baku. 

Starting with vicious propaganda and intimidation of journalists, Moscow created this conflict by stoking irrational fears and then reinforcing violence in Ukraine with men and materiel from the Russian Federation. Russia has flagrantly violated international norms and commitments, including all ten core principles of the Helsinki Final Act. This is an attempt to deny a neighboring country and fellow OSCE member of the ability to make its own decisions regarding its own future. Russia has worked actively to suppress Ukraine’s aspirations towards freedom, democracy, and human dignity. 

The United States underscores the critical role of the OSCE throughout this tragic conflict which began with the attempted illegal annexation of Crimea. As the largest regional organization in the world, the OSCE has a prominent role in trying to end this war. We have been encouraged by all of the efforts of the OSCE in Ukraine to monitor and work to reduce tensions and foster peace, security, and stability. The OSCE can become a stabilizing presence as to what is, in-fact, happening. 

We are increasingly concerned by continued reports of Russian and separatist violations of the ceasefire. We have seen little progress by the Russian Federation or the Russia-backed separatists since these agreements were adopted last month. Russia-backed separatist forces continue to attack Ukrainian positions, including several positions within the agreed exclusion zone area! 

Our frank criticism is not, as some might assert, an effort to create a new Cold War environment, but an effort to prevent one. That has been, and will always be, the purpose of our candid debates in the OSCE. Let us fulfill our mission as the OSCE! 

We again call on the Russian Federation to implement its part of the agreements fully by immediately withdrawing all Russian military forces and equipment from inside Ukraine and returning control of the international border to Kyiv. That is the bottom line! Russia must respect Ukraine’s sovereignty and territorial integrity by ending both its unlawful activities in eastern Ukraine and its occupation of Crimea. 

Why do we have an OSCE if nations will not respect one another’s sovereignty and dignity? The time is now. This is the test! May God grant us wisdom in this decision.

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  • Introduction of S. Res. 205 on Parliamentary Elections in Ukraine

    Mr. President, as Chairman of the Commission on Security and Cooperation in Europe, I today am introducing a resolution urging the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31, 2002 parliamentary elections. I am pleased to be joined by fellow Commissioners Dodd and Brownback. Several of our colleagues from the House have introduced a companion resolution. Ukraine's success as an independent, democratic state is vital to the stability and security in Europe, and that country has, over the last decade, enjoyed a strong relationship with the United States. The Helsinki Commission has monitored closely the situation in Ukraine and has a long record of support for the aspirations of the Ukrainian people for human rights and democratic freedoms. Ukraine enjoys goodwill in the Congress and remains one of our largest recipients of assistance in the world. Clearly, there is a genuine desire that Ukraine succeed as an independent, democratic, stable and economically successful state.   It is against this backdrop that I introduce this resolution, as a manifestation of our concern about Ukraine's direction at this critical juncture. These parliamentary elections will be an important indication of whether Ukraine moves forward rather than backslides on the path to democratic development. Indeed, there has been growing cause for concern about Ukraine's direction over the last few years. Last May, I chaired a Helsinki Commission hearing: “Ukraine at the Crossroads: Ten Years After Independence.'' Witnesses at that hearing testified about problems confronting Ukraine's democratic development, including high-level corruption, the controversial conduct of authorities in the investigation of murdered investigative journalist Heorhiy Gongadze and other human rights problems. I had an opportunity to meet Mrs. Gongadze and her daughters who attended that hearing. While there has been progress over the last few months with respect to legislation designed to strengthen the rule of law, it is too early to assert that Ukraine is once again moving in a positive direction. With respect to the upcoming elections, on the positive side we have seen the passage of a new elections law which, while not perfect, has made definite improvements in providing safeguards to meet Ukraine's international commitments. However, there are already concerns about the elections, with increasing reports of violations of political rights and freedoms during the pre-campaign period, many of them documented in reports recently released by the non-partisan, non-government Committee on Voters of Ukraine, CVU.   It is important for Ukraine that there not be a repeat of the 1999 presidential elections which the Organization for Security and Cooperation in Europe, OSCE, stated were marred by violations of the Ukrainian election law and failed to meet a significant number of commitments on the conduct of elections set out in the 1990 OSCE Copenhagen Document. Therefore, this resolution urges the Ukrainian Government to enforce impartially the new election law and to meet its OSCE commitments on democratic elections and to address issues identified by the OSCE report on the 1999 presidential election such as state interference in the campaign and pressure on the media. The upcoming parliamentary elections clearly present Ukraine with an opportunity to demonstrate its commitment to OSCE principles. The resolution we introduce today is an expression of the importance of these parliamentary elections, which could serve as an important stepping-stone in Ukraine's efforts to become a fully integrated member of the Europe-Atlantic community of nations.   SENATE RESOLUTION 205--URGING THE GOVERNMENT OF UKRAINE TO ENSURE A DEMOCRATIC, TRANSPARENT, AND FAIR ELECTION PROCESS LEADING UP TO THE MARCH 31, 2002, PARLIAMENTARY ELECTIONS   Mr. Campbell (for himself, Mr. Dodd, and Mr. Brownback) submitted the following resolution; which was referred to the Committee on Foreign Relations: S. Res. 205 Whereas Ukraine stands at a critical point in its development to a fully democratic society, and the parliamentary elections on March 31, 2002, its third parliamentary elections since becoming independent more than 10 years ago, will play a significant role in demonstrating whether Ukraine continues to proceed on the path to democracy or experiences further setbacks in its democratic development;   Whereas the Government of Ukraine can demonstrate its commitment to democracy by conducting a genuinely free and fair parliamentary election process, in which all candidates have access to news outlets in the print, radio, television, and Internet media, and nationally televised debates are held, thus enabling the various political parties and election blocs to compete on a level playing field and the voters to acquire objective information about the candidates;   Whereas a flawed election process, which contravenes commitments of the Organization for Security and Cooperation in Europe (OSCE) on democracy and the conduct of elections, could potentially slow Ukraine's efforts to integrate into western institutions;   Whereas in recent years, government corruption and harassment of the media have raised concerns about the commitment of the Government of Ukraine to democracy, human rights, and the rule of law, while calling into question the ability of that government to conduct free and fair elections; Whereas Ukraine, since its independence in 1991, has been one of the largest recipients of United States foreign assistance;   Whereas $154,000,000 in technical assistance to Ukraine was provided under Public Law 107-115 (the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 2002), a $16,000,000 reduction in funding from the previous fiscal year due to concerns about continuing setbacks to needed reform and the unresolved deaths of prominent dissidents and journalists;   Whereas Public Law 107-115 requires a report by the Department of State on the progress by the Government of Ukraine in investigating and bringing to justice individuals responsible for the murders of Ukrainian journalists;   Whereas the disappearance and murder of journalist Heorhiy Gongadze on September 16, 2000, remains unresolved;   Whereas the presidential election of 1999, according to the final report of the Office of Democratic Institutions and Human Rights (ODIHR) of OSCE on that election, was marred by violations of Ukrainian election law and failed to meet a significant number of commitments on democracy and the conduct of elections included in the OSCE 1990 Copenhagen Document;   Whereas during the 1999 presidential election campaign, a heavy pro-incumbent bias was prevalent among the state-owned media outlets, members of the media viewed as not in support of the president were subject to harassment by government authorities, and pro-incumbent campaigning by state administration and public officials was widespread and systematic;   Whereas the Law on Elections of People's Deputies of Ukraine, signed by President Leonid Kuchma on October 30, 2001, was cited in a report of the ODIHR dated November 26, 2001, as making improvements in Ukraine's electoral code and providing safeguards to meet Ukraine's commitments on democratic elections, although the Law on Elections remains flawed in a number of important respects, notably by not including a role for domestic nongovernmental organizations to monitor elections; Whereas according to international media experts, the Law on Elections defines the conduct of an election campaign in an ambiguous manner and could lead to arbitrary sanctions against media operating in Ukraine;   Whereas the Ukrainian Parliament (Verkhovna Rada) on December 13, 2001, rejected a draft Law on Political Advertising and Agitation, which would have limited free speech in the campaign period by giving too many discretionary powers to government bodies, and posed a serious threat to the independent media;   Whereas the Department of State has dedicated $4,700,000 in support of monitoring and assistance programs for the 2002 parliamentary elections;   Whereas the process for the 2002 parliamentary elections has reportedly been affected by apparent violations during the period prior to the official start of the election campaign on January 1, 2002; and   Whereas monthly reports for November and December of 2001 released by the Committee on Voters of Ukraine (CVU), an indigenous, nonpartisan, nongovernment organization that was established in 1994 to monitor the conduct of national election campaigns and balloting in Ukraine , cited five major types of violations of political rights and freedoms during the pre-campaign phase of the parliamentary elections, including-- (1) use of government position to support particular political groups; (2) government pressure on the opposition and on the independent media; (3) free goods and services given in order to sway voters; (4) coercion to join political parties and pressure to contribute to election campaigns; and (5) distribution of anonymous and compromising information about political opponents:   Now, therefore, be it Resolved, That the Senate— (1) acknowledges the strong relationship between the United States and Ukraine since Ukraine's independence more than 10 years ago, while understanding that Ukraine can only become a full partner in western institutions when it fully embraces democratic principles; (2) expresses its support for the efforts of the Ukrainian people to promote democracy, the rule of law, and respect for human rights in Ukraine; (3) urges the Government of Ukraine to enforce impartially the new election law, including provisions calling for— (A) the transparency of election procedures; (B) access for international election observers; (C) multiparty representation on election commissions; (D) equal access to the media for all election participants; (E) an appeals process for electoral commissions and within the court system; and (F) administrative penalties for election violations; (4) urges the Government of Ukraine to meet its commitments on democratic elections, as delineated in the 1990 Copenhagen Document of the Organization for Security and Cooperation in Europe (OSCE), with respect to the campaign period and election day, and to address issues identified by the Office of Democratic Institutions and Human Rights (ODIHR) of OSCE in its final report on the 1999 presidential election, such as state interference in the campaign and pressure on the media; and (5) calls upon the Government of Ukraine to allow election monitors from the ODIHR, other participating states of OSCE, and private institutions and organizations, both foreign and domestic, full access to all aspects of the parliamentary election process, including— (A) access to political events attended by the public during the campaign period; (B) access to voting and counting procedures at polling stations and electoral commission meetings on election day, including procedures to release election results on a precinct by precinct basis as they become available; and (C) access to postelection tabulation of results and processing of election challenges and complaints

  • Belarus - Opportunities Squandered

    Mr. President. Periodically, I have addressed my colleagues in the United States Senate on developments in the last dictatorship in Europe -- Belarus. More than five months have passed since the September 9, 2001 Belarusian Presidential elections, which the Organization for Security and Cooperation in Europe (OSCE), as well as the Helsinki Commission, which I chair, concluded did not meet international democratic standards. Since that time, the Belarusian leadership has had ample opportunity to begin to live up to its freely-undertaken OSCE human rights and democracy commitments. Thus far, these opportunities have been squandered. As Secretary of State Powell remarked in his speech at the December 2001 meeting of OSCE Ministers in Bucharest: “The Government of Belarus ignored the recommendations of the OSCE on what conditions would need to be established in order for free and fair elections to take place. It is unfortunate, indeed, that the government of Belarus continues to act in a manner that excludes Belarus from the mainstream of European political life.” Since September, human rights violations have continued. There has been no progress with respect to resolving the cases of opposition leaders and journalists who “disappeared” in 1999-2000. Belarusian leader Aleksandr Lukashenka has retaliated against opposition members, independent journalists, human rights activists and others, especially young people. Beatings, detentions, fines and other forms of pressure have continued unabated. To cite just one example, two defendants in a criminal case against Alexander Chygir, son of leading Lukashenka opponent and former Prime Minister, Mikhail Chygir, were reportedly beaten and otherwise maltreated during pre-trial detention. Criminal cases have been launched against journalists and NGOs as well. A number of leading industrialists have been arrested on what some observers believe are politically motivated charges. Freedom of religion is also an area of concern. The registration scheme, required for a group to obtain full legal rights, is the ultimate “catch-22." Registration cannot be granted without a legal address; a legal address cannot be obtained without registration. Even the state controlled media is a concern for religious freedom, due to the highly critical reports in newspapers and television about the Catholic Church and Protestant churches. Very recently, the regular broadcast on national radio of a Miensk Catholic mass was unexpectedly halted. Efforts to promote human rights and expand support and develop civil society in Belarus are being thwarted. The Belarusian government has threatened the OSCE Mission in Miensk with what amounts to expulsion unless the mandate of the Mission is changed more to its liking and has shown reluctance to accept a new Head of Mission. It is vital that the OSCE be allowed to continue its important work in developing genuine democratic institutions and a strong civil society in Belarus. Mr. President, I am also deeply troubled by allegations that Belarus has been acting as a supplier of lethal military equipment to Islamic terrorists, a charge that the Belarusian Government has denied. I ask unanimous consent that the text of a recent article that appeared in the Washington Post titled “Europe’s Armory for Terrorism” appear in the Record at this time. Mr. President, the troubling allegations contained in this article are a reminder of the importance of remaining steadfast in supporting democracy, human rights and the rule of law in Belarus. The lack of functioning democratic institutions, including an independent parliament, together with suppression of free media contribute to an environment void of accountability. Writing off Belarus as a backwater in the heart of Europe would play into the hands of the Lukashenka regime with disastrous consequences not only for the Belarusian people. Mr. President, it is more important than ever for the OSCE to maintain a strong presence on the ground in Belarus and for the United States to continue to support democratic development in that country. I ask unanimous consent that the Washington Post article “Europe's Armory for Terrorism” 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, Jan. 3, 2002 Europe's Armory for Terrorism By Mark Lenzi The country in Europe that deserves the most attention for its support of terrorist groups and rogue states continues to receive the least. That is the lawless and undemocratic country of Belarus, under the rule of Alexander Lukashenko. Without a doubt no world leader benefitted more from the September terror attacks than Lukashenko, Europe's last dictator, whose ultimate wish is to reunite the Soviet Union. Just as world scrutiny and condemnation were beginning to mount after his rigged and falsified presidential election of Sept. 9 the tragic events two days later took Washington's quick glance away from this little-known and backward country. Washington needs to wake up to what is happening in NATO's backyard: Belarus is quietly acting as a leading supplier of lethal military equipment to Islamic radicals--with terrorists and militant organizations in the Middle East, Balkans and Central Asia often the recipients. In 1994, Lukashenko's first year as president, Belarus sold machine guns and armored vehicles to Tajikistan. This equipment quickly made its way into the hands of warring factions in neighboring Afghanistan, as well as Islamic freedom fighters aiming to overthrow the government in Tajikistan itself--ironically the same country where Belarus's big brother, Russia, has thousands of soldiers stationed to protect Central Asia and Russia from Islamic destabilization. Many of Lukashenko's arms deals have followed a similar pattern: Weapons sent from Belarus are “diverted'' from a listed destination country to an Islamic extremist group or a country under U.N. arms embargo while Belarusian government officials cast a blind eye on the transactions. While it is deplorable that Belarus's weapons have been responsible for prolonging civil wars and internal strife in countries such as Tajikistan, Angola and Algeria, it is particularly disturbing that Sudan, a country where Osama bin Laden used to live and one that is known as a haven for terrorists, has obtained from Belarus such proven and capable weapon systems as T-55 tanks and Mi-24 Hind Helicopter gunships. Weapons sent from Belarus to Sudan either fall into the hands of terrorists or are used in a civil war that has already killed more than 2 million people. Lukashenko's efforts to sell weapons to generate much-needed income for his beleaguered economy appear to have no bounds. For a country of only 10 million people, it is unsettling that Belarus is ranked year after year among the top 10 weapons-exporting countries. To put in perspective how much military equipment left over from the Soviet Union Lukashenko has at his disposal, consider the following fact: The Belarusian army has 1,700 T-72 battle tanks. Poland, a new NATO member with the most powerful army in Central Europe and with four times the population of Belarus, has only 900 T-72s. Despite strong denials from Lukashenko, Belarus has been a key partner of Saddam Hussein in his effort to rebuild and modernize Iraq's air defense capability. Belarus has violated international law by secretly supplying Baghdad with SA-3 antiaircraft missile components as well as technicians. Given that Iraq has repeatedly tried to shoot down U.S. and British aircraft patrolling the U.N. no-fly zone--with more than 420 attempts this year alone--covert Belarusian-Iraqi military cooperation is disturbing and should set off alarm bells in Western capitals. Former Belarusian defense minister Pavel Kozlovski, obviously someone with firsthand knowledge of Minsk's covert arms deals, recently summed up Belarus's cooperation with Iraq and other rogue states by saying, “I know that the Belarusian government does not have moral principles and can sell weapons to those countries [such as Iraq] where embargoes exist. This is the criminal policy of Belarusian leadership.'' In many ways, the mercurial and authoritarian Lukashenko feels he has a free hand to sell arms to nations and groups that are unfriendly to the West, because the European Union and the United States do not recognize him as the legitimate Belarusian head of state anyway. Threats of U.S.-led economic sanctions or other diplomatic “sticks'' against Belarus hold little weight, since the country is already isolated to a degree rivaled only by a handful of other countries. It is only thanks to cheap energy subsidies from Russia that the Belarusian economy remains afloat. Since Russia is the only country that has the necessary economic and political influence on Belarus, it is imperative that Washington use its new relationship with Moscow to encourage the Russians to exert their leverage on Belarus to cease covert arms sales to rogue states and terrorist groups. In the Bush administration's worldwide effort to combat terrorism, it should not overlook a little-known country right on NATO's border.

  • Human Rights in Central Asia

    Mr. Speaker, on Friday, December 21, Kazakhstan's President Nursultan Nazarbaev will be meeting with President Bush. Sometime in January, Uzbekistan's President Islam Karimov is likely to arrive for his visit. The invitations to these Heads of State obviously reflect the overriding U.S. priority of fighting international terrorism and the corresponding emphasis on the strategic importance of Central Asia, which until September 11 had been known largely as a resource-rich, repressive backwater.   As Co-Chairman of the Commission on Security and Cooperation in Europe, I have chaired a series of hearings in recent years focused on human rights and democratization in the Central Asian region.   Clearly, we need the cooperation of many countries, including Afghanistan's Central Asian neighbors, in this undertaking. But we should not forget, as we conduct our multidimensional campaigns, two vitally important points: first, Central Asian leaders need the support of the West at least as much as we need them.   Unfortunately, Central Asian presidents seem to have concluded that they are indispensable and that we owe them for allowing us to use their territory and bases in this fight against the terrorists and those who harbor them. I hope Washington does not share this misapprehension. By striking against the radical Islamic threat to their respective security and that of the entire region, we have performed a huge service for Central Asian leaders.   Second, one of the main lessons of September 11 and its aftermath is that repression of political opposition and alternative viewpoints is a key cause of terrorism. Secretary of State Colin Powell and National Security Adviser Condoleezza Rice have declared that the war on terrorism will not keep the United States from supporting human rights. I am hopeful the administration means what they have said. But given the sudden warming of relations between Washington and Central Asian leaders, I share the concerns voiced in many editorials and op-eds that the United States will downplay human rights in favor of cultivating ties with those in power. More broadly, I fear we will fall into an old pattern of backing repressive regimes and then being linked with them in the minds and hearts of their long-suffering peoples.   In that connection, Mr. Speaker, on the eve of President Nazarbaev's meeting with President Bush and in anticipation of the expected visit by President Karimov, as well as possible visits by other Central Asian leaders, I want to highlight some of the most glaring human rights problems in these countries.   To begin with, corruption is rampant throughout the region, and we should keep this in mind as the administration requests more money for assistance to Central Asian regimes. Kazakhstan's President Nazarbaev and some of his closest associates are under investigation by the U.S. Department of Justice for massive corruption. Not surprisingly, to keep any information about high-level misdeeds from the public, most of which lives in dire poverty, the Nazarbaev regime has cracked down hard on the media. Family or business associates of President Nazarbaev control most media outlets in the country, including printing houses which often refuse to print opposition or independent newspapers. Newspapers or broadcasters that try to cover taboo subjects are harassed by the government and editorial offices have had their premises raided. The government also controls the two main Internet service providers and regularly blocks the web site of the Information Analytical Center Eurasia, which is sponsored by Kazakhstan's main opposition party.   In addition, libel remains a criminal offense in Kazakhstan. Despite a growing international consensus that people should not be jailed for what they say or write, President Nazarbaev on May 3 ratified an amendment to the Media Law that increases the legal liability of editors and publishers. Furthermore, a new draft religion law was presented to the Kazakh parliament at the end of November without public consultation. If passed, it would seriously curtail the ability of individuals and groups to practice their religious faith freely.   Uzbekistan is a wholesale violator of human rights. President Karimov allows no opposition parties, permits no independent media, and has refused even to register independent human rights monitoring groups. Elections in Uzbekistan have been a farce and the Organization for Security and Cooperation in Europe (OSCE) rightly refused to observe the last presidential “contest,” in which Karimov's “rival” proclaimed that he was planning to vote for the incumbent.   In one respect, however, Karimov is not lacking, brazen gall. Last week, on the eve of Secretary Powell's arrival in Tashkent, Uzbek authorities announced plans to hold a referendum next month on extending Karimov's tenure in office from five years to seven. Some members of the tightly controlled parliament urged that he be made “president for life.” The timing of the announcement could have had only one purpose: to embarrass our Secretary of State and to show the United States that Islam Karimov will not be cowed by OSCE commitments on democracy and the need to hold free and fair elections.   I am also greatly alarmed by the Uzbek Government's imprisonment of thousands of Muslims, allegedly for participating in extremist Islamic groups, but who are probably “guilty” of the “crime” of attending non-government approved mosques. The number of people jailed on such dubious grounds is estimated to be between 5,000 and 10,000, according to Uzbek and international human rights organizations. While I do not dismiss Uzbek government claims about the seriousness of the religion-based insurgency, I cannot condone imprisonment of people based on mere suspicion of religious piety. As U.S. Government officials have been arguing for years, this policy of the Uzbek Government also seems counterproductive to its stated goal of eliminating terrorists. Casting the net too broadly and jailing innocent people will only inflame individuals never affiliated with any terrorist cell.   In addition, Uzbekistan has not only violated individual rights, but has also implemented policies that affect religious groups. For example, the Uzbek Government has consistently used its religion law to frustrate the ability of religious groups to register, placing them in a “Catch-22". By inhibiting registration, the Uzbek Government can harass and imprison individuals for attending unregistered religious meetings, as well as deny property purchases and formal education opportunities. As you can see, Mr. Speaker, Uzbekistan's record on human rights, democratization and religious freedom is unacceptable.   I am not aware that Kyrgyzstan's President Askar Akaev has been invited to Washington, but I would not be too surprised to learn of an impending visit. Once the most democratic state in Central Asia, Kyrgyzstan has gone the way of its neighbors, with rigged elections, media crackdowns and repression of opposition parties. At a Helsinki Commission hearing I chaired last week on democratization and human rights in Kyrgyzstan, we heard from the wife of Felix Kulov, Kyrgyzstan's leading opposition figure, who has been behind bars since January 2001. Amnesty International and many other human rights groups consider him a political prisoner, jailed because he dared to try to run against President Akaev. Almost all opposition and independent newspapers which have sought to expose high-level corruption have been sued into bankruptcy.   With respect to the proposed religion law the Kyrgyz Parliament is drafting, which would repeal the current law, significant concerns exist. If the draft law were enacted in its current emanation, it would categorize and prohibit groups based on beliefs alone, as well as allow arbitrary decisions in registering religious groups due to the vague provisions of the draft law. I encourage President Akaev to support a law with strong protections for religious freedom. Implementing the modification suggested by the OSCE Advisory Panel of Experts on Religious Freedom would ensure that the draft religion law meets Kyrgyzstan's OSCE commitments.   Mr. Speaker, this morning I had a meeting with Ambassador Meret Orazov of Turkmenistan and personally raised a number of specific human rights cases. Turkmenistan, the most repressive state in the OSCE space, resembles North Korea: while the people go hungry, megalomaniac President Saparmurat Niyazov builds himself palaces and monuments, and is the object of a Stalin-style cult of personality. No opposition of any kind is allowed, and anyone who dares to express a view counter to Niyazov is arrested. Turkmenistan is the only country in the OSCE region where places of worship have been destroyed on government orders; in November 1999 the authorities bulldozed a Seventh-Day Adventist Church. Since then, Niyazov has implemented his plans to provide a virtual bible for his benighted countrymen; apparently, he intends to become their spiritual as well as secular guide and president for life.   Turkmenistan has the worst record on religious freedom in the entire 55-nation OSCE. The systematic abuses that occur almost weekly are an abomination to the internationally recognized values which undergird the OSCE. Recent actions by Turkmen security agents against religious groups, including harassment, torture and detention, represent a catastrophic failure by Turkmenistan to uphold its human rights commitments as a participating OSCE State. In addition, last January, Mukhamed Aimuradov, who has been in prison since 1995, and Baptist pastor Shageldy Atakov, imprisoned since 1999, were not included in an amnesty which freed many prisoners. I hope that the Government of Turkmenistan will immediately and unconditionally release them, as well as all other prisoners of conscience.   Rounding out the Central Asian countries, Tajikistan also presents human rights concerns. A report has recently emerged concerning the government's religious affairs agency in the southern Khatlon region, which borders Afghanistan. According to reliable sources, a memorandum from the religious affairs agency expressed concern about “increased activity” by Christian churches in the region, calling for them to be placed under “the most stringent control.” Tajik Christians fear that this statement of intolerance could be a precursor to persecution. Keston News Service reported that law enforcement officials have already begun visiting registered churches and are trying to find formal grounds to close them down. Additionally, city authorities in the capital Dushanbe have cracked down on unregistered mosques.   Mr. Speaker, as the world focuses on Central Asia states with unprecedented energy, I wanted to bring these serious deficiencies in their commitment to human rights and democracy to the attention of my colleagues. All these countries joined the Organization for Security and Cooperation in Europe soon after their independence from the Soviet Union a decade ago. By becoming OSCE participating States, they agreed without reservation to comply with the Helsinki Final Act and all subsequent agreements. These documents cover a wide range of human dimension issues, including clear language on the human right of religious freedom and the right of the individual to profess and practice religion or belief. Unfortunately, as I have highlighted, these countries are failing in their commitment to promote and support human rights, and overall trends in the region are very disturbing.   The goals of fighting terrorism and steadfastly supporting human rights are not dichotomous. It is my hope that the U.S. Government will make issues of human rights and religious freedom paramount in bilateral discussions and public statements concerning the ongoing efforts against terrorism. In this context, the considerable body of OSCE commitments on democracy, human rights and the rule of law should serve as our common standard for our relations with these countries.

  • Do Registration Requirements Thwart Religious Freedom?

    Mr. Speaker, the “Helsinki” Commission on Security and Cooperation in Europe recently convened a briefing which examined the policies of various governments which require registration of religious groups and the effect of such policies on the freedom of religious belief and practice. There was evidence that such requirements can be, and often are, a threat to religious freedom among countries in the Organization for Security and Cooperation in Europe (OSCE). As Co-Chairman of the Helsinki Commission, mandated to monitor and encourage compliance with the Helsinki Final Act and other OSCE commitments, I have become alarmed over the past decade by the creation of new laws and regulations in some OSCE countries that serve as a roadblock to the free exercise of religious belief. These actions have not been limited to emerging democracies, but include Western European countries such as Austria. Many of these laws are crafted with the intent to repress religious communities deemed nefarious and dangerous to public safety. One cannot deny that certain groups have hidden behind the veil of religion in perpetrating monstrous and perfidious acts. The September 11th tragedies have been a grim reminder of that. Yet, while history does hold examples of religion employed as a tool for evil, these are exceptions and not the rule. In our own country, during the Civil Rights Movement, religious communities were the driving force in the effort to overturn the immoral “separate but equal” laws and provide legal protections. If strict religious registration laws had existed in this country, government officials could have clamped down on this just movement, possibly delaying long overdue reform. While OSCE commitments do not forbid basic registration of religious groups, governments often use the pretext of “state security” to quell groups espousing views contrary to the ruling powers’ party line. Registration laws are often designed on the premise that minority faiths are inimical to governmental goals. Proponents of more strenuous provisions cite crimes committed by individuals in justifying stringent registration requirements against religious groups, ignoring the fact that criminal laws should be adequate to combat criminal activity. In other situations, some governments have crafted special church-state agreements, or concordats, which exclusively give one religious group powers and rights not available to other communities. By creating tiers or hierarchies, governments run the risk of dispersing privileges and authority in an inequitable fashion, ensuring that other religious groups will never exist on a level playing field, if at all. In a worst case scenario, by officially recognizing “traditional” or “historic” communities, governments can reflect an ambivalence towards minority religious groups. Such ambivalence can, in turn, create an atmosphere in which hostility or violence is perpetrated with impunity. The persistent brutality against Jehovah’s Witnesses and evangelical groups in Georgia is an example of State authorities’ failure to bring to justice the perpetrators of such violence. Mr. Speaker, religious registration laws do not operate in a vacuum; other rights, such as freedom of association or freedom of speech, are often enveloped by these provisions. Clamping down on a group’s ability to exist not only contravenes numerous, long-standing OSCE commitments, but can effectively remove from society forces that operate for the general welfare. The recent liquidation of the Salvation Army in Moscow is a lucent example. Who will suffer most? The poor and hungry, who now benefit from the Salvation Army’s ministries of mercy. Each OSCE participating State has committed to full compliance with the provisions enumerated in the various Helsinki documents. The Bush Administration’s commitment to religious freedom has been clearly articulated. In a March 9, 2001 letter, Dr. Condoleezza Rice, National Security Advisor, wrote: “President Bush is deeply committed to promoting the right of individuals around the world to practice freely their religious beliefs.” She also expressed her concern about religious discrimination. In a separate letter on March 30th of this year, Vice President Dick Cheney echoed this commitment when he referred to the promotion of religious freedom as “a defining element of the American character.” He went on to declare the Bush Administration’s commitment “to advancing the protection of individual religious freedom as an integral part of our foreign policy agenda.” Since the war on terrorism was declared, the President has made clear the distinction between acts of terrorism and religious practice. In his address to the country, Mr. Bush stated: “The enemy of America is not our many Muslim friends....... Our enemy is a radical network of terrorists and every government that supports them.” He further stated, “The terrorists are traitors to their own faith, trying, in effect, to hijack Islam itself.” Accordingly, I believe this administration will not stray from supporting religious freedom during this challenging time. Out of concern about recent developments and trends in the OSCE region, the Helsinki Commission conducted this briefing to discuss registration roadblocks affecting religious freedom. I was pleased by the panel of experts and practitioners assembled who were kind enough to travel from Europe to share their thoughts and insights, including Dr. Sophie van Bijsterveld, a professor of law in The Netherlands and current Co-Chair of the OSCE Advisory Panel of Experts on Freedom of Religion or Belief, Dr. Gerhard Robbers, a member of the OSCE Advisory Panel of Experts and professor of law in Germany; Mr. Vassilios Tsirbas, interim executive director and senior legal counsel for the European Centre for Law and Justice in Strasbourg; and Col. Kenneth Baillie, commanding officer for the Salvation Army in Eastern Europe. Dr. van Bijsterveld made the point that “the assessment of registration from the point of view of religious liberty depends entirely on the function that registration fulfills in the legal system, and the consequences that are attached to registration.” She continued: “A requirement of registration of religious groups as a pre-condition for the lawful exercise of religious freedom is worrisome in the light of international human rights standards. [Needing the government’s] permission for a person to exercise his religion in community with others is, indeed, problematic in the light of internationally acknowledged religious liberty standards. Religious liberty should not be made dependent on a prior government clearance. This touches the very essence of religious liberty.” Dr. Robbers noted that registration of religious communities is often a requirement but “it need not be a roadblock to religious freedom. In fact, it can free the way to more positive religious freedom if correctly performed.” If utilized, “registration and registration procedures must meet certain standards. Registration must be based on equal treatment of all religious communities....... [and] the process of registration must follow due process of law.” He further noted that “religious activity in and as community, must be possible even without being registered as religious community.” He made clear that the minimum number of members required for registration need not be too many and there should be no minimum period of existence before registration is allowed. The third panelist, Mr. Tsirbas, opined, “Within this proliferation of the field of human rights, the Helsinki Final Act is a more than promising note. The commitment to respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief for all, without distinction as to race, sex, language or religion, basically summarizes the ..... protection of international and domestic legal documents. Religious liberty stands out as one of those sine qua non conditions for an atmosphere of respect for the rights of individuals or whole communities.” Mr. Tsirbas also stated, “If the protection of the individual is considered the cornerstone of our modern legal system, religious freedom should be considered the cornerstone of all other rights. The right itself is one of the most recent to be recognized and protected, yet it embraces and reflects the inevitable outworking through the course of time of the fundamental truths of belief in the worth of a person.” Lastly, Col. Kenneth Baillie, spokesman for the Salvation Army in Eastern Europe, outlined the experience of registering his organization in Moscow. “In Russia, as of February this year, we are registered nationwide as a centralized religious organization, [however] the city of Moscow is another story. We have been registered as a religious group in Moscow since 1992. In response to the 1997 law, like everyone else, we applied for re-registration , thinking that it would be merely pro forma. Our application documents were submitted, and a staff person in the city Ministry of Justice said everything was in order, we would have our signed and stamped registration in two days. “Two days later,” Col. Baillie continued, “the same staffer called to say, in a sheepish voice, ‘There’s a problem.’ Well, it is now three years later, and there is still a problem. Someone took an ideological decision to deny us, that is absolutely clear to me, and three years of meetings and documents and media statements and legal briefs are all window-dressing. Behind it all is an arbitrary, discriminatory, and secret decision, and to this day I do not know who made the decision, or why.” Based on the difficult experience of trying to register in Moscow and the Salvation Army’s subsequent “liquidation” by a Moscow court, Col. Baillie offered some observations. He noted how “the law’s ambiguity gives public officials the power to invent arbitrary constructions of the law.” Col. Baillie concluded by stating, “We will not give up,” but added he is “understandably skeptical about religious registration law, and particularly the will to uphold what the law says in regard to religious freedom.” Mr. Speaker, this Helsinki Commission briefing offered a clear picture of how the law and practice affecting, registration of religious groups have become critical aspects in the defense of the right to freedom of conscience, religion or belief. No doubt registration requirements can serve as a roadblock which is detrimental to religious freedom. The Commission will continue to monitor this trend among the region’s governments which are instituting more stringent registration requirements and will encourage full compliance with the Helsinki commitments to ensure the protection of this fundamental right.

  • Ambassador Stephan H. Minikes

    Mr. President, as Chairman of the Helsinki Commission, I take this opportunity to welcome the recent swearing-in of Stephan M. Minikes to serve as U.S. Ambassador to the Organization for Security and Cooperation in Europe, OSCE. Prior to that ceremony, I met with Steve to discuss priority issues on the Commission's agenda, including the promotion of democracy, human rights and economic liberty as well as such pressing concerns as international crime and corruption and their links to terrorism. The Commission remains keenly interested in the OSCE as a tool for promoting human rights and democratic development and advancing United States interests in the expansive 55-nation OSCE region. The terrorist attacks of September 11 represented an assault on the principles of democracy, human rights and the rule of law: core principles at the heart of the OSCE. It is crucial that we redouble our efforts to advance these fundamental principles throughout the OSCE region even as we pursue practical cooperation aimed at rooting out terrorism. The OSCE provides an important framework for advancing these vital and complementary objectives. I am confident that Steve will draw on his extensive and varied experiences as he assumes his duties as U.S. Ambassador to the OSCE and I look forward to working with him and his team in Vienna. I ask unanimous consent that Secretary of State Powell's eloquent prepared remarks delivered at Ambassador Minikes' swearing-in ceremony be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: Remarks of Secretary of State Colin L. Powell at the Swearing-in of Stephan M. Minikes Ambassador Ducaru: Distinguished Guests, welcome to The Department of State. It is my honor and pleasure today to swear-in a distinguished civic leader as our next Ambassador to the Organization for Security and Cooperation in Europe: Steve Minikes. As a boy in Nazi Germany, Steve knew what it is like to live under oppression. His relatives died in concentration camps. He saw hate consume a country, ravage a continent, and cause a world war. Later, he saw a devastated Europe divided by force and a hot war replaced by a cold one. And since the age of eleven, when he found his new home in America, Steve Minikes has never for a minute taken freedom for granted, not his or anyone else's. And so, when President Bush selected Steve to be his personal envoy to the OSCE, he knew that he was choosing a person who would be deeply committed to the fundamental principles of the Helsinki process. The President knew that Steve needed no convincing that human rights, the rule of law and democracy are inextricably linked to prosperity, stability and security. And the President knew that in Steve he was choosing someone who would work hard and well to realize, in all its fullness, the dream of a Europe whole and free. And so, Ladies and Gentlemen, Steve Minikes will bring to his new position a deep commitment to serve the country that gave him a new life, and a strong determination to help the continent of his birth attain its highest hopes. And Steve will bring a lot more to the table besides. He will bring expertise in and out of government that spans the law, management, banking, trade, energy and defense. He will bring a reputation for excellence and dedication that extends from the corporate world to Capitol Hill, from the Pentagon to the White House, as the presence here of friends from Congress and from a wide range of federal agencies attests. Steve also brings his experience as a Director of the Washington Opera, which will serve him very well at OSCE. Think about it. Conducting multilateral diplomacy with 54 other sovereign countries: countries as big as Russia, Germany and the United States on the one hand, and as small as Liechtenstein, San Marino and Malta on the other. And each of them with a veto. That's a lot like staging the elephant scene from Aida, only easier. The American people are truly fortunate that they can count on a citizen as accomplished and admired as Steve to represent them at so important a forum as the OSCE. I know that Steve would be the first to agree with me, however, when I say that we would not have been able to contribute so much to his community and his country, had it not been for the love and support of his family. I want to especially welcome his partner in life, Dede and their daughter Alexandra and her husband Julian. A warm greeting as well to Dede's sister Jackie and brother Peter and their families. I think they all deserve a round of applause. Ladies and Gentlemen: Twenty-six years ago when President Ford signed the Final Act in Helsinki, he said that the Helsinki process would be judged not by the promises made but by the promises kept. Thanks in incalculable measure to the men and women who braved totalitarian repression to ensure that the promises made in Helsinki would be kept, all 55 members of the OSCE are truly independent nations today, able to chart their own course for a new century. The promises made in Helsinki during the Cold War and reaffirmed during the post-Cold War period, are still fundamental to European security and cooperation in this post-, post-Cold War world. And, like all his predecessors from Gerald Ford to William Clinton, President Bush is strongly committed to fulfilling the promise of Helsinki. The President and I are counting on you, Steve, to work with our fellow member states, with the various OSCE institutions that have been established, and, of course, with the Members of the U.S. Commission on Security and Cooperation in Europe, to that noble end. Human rights and fundamental freedoms remain the heart and soul of OSCE. Keep them in the spotlight. Democracy and the rule of law are key to fighting hatred, extremism and terrorism. Work with our OSCE partners, the Office for Democratic Institutions and Human Rights and the Representative for Free Media to consolidate democratic processes and promote freedom of expression. Help OSCE foster ethnic tolerance. Help it protect human dignity by strengthening efforts against trafficking in persons. We also look to you, Steve, with your private sector experience, to explore ways to develop OSCE's economic and environmental dimensions. OSCE has done some good work on corruption and good governance. Portugal, the incoming Chairman-in-Office, has some interesting ideas on transboundary water issues. Help us think about what else we might do. The President and I also depend on you to utilize and strengthen OSCE's unique capacities for conflict prevention and crisis management. To work with OSCE's High Commissioner on National Minorities in addressing the root causes of ethnic conflict. We will also look to you to support OSCE's field missions which are contributing to stability from Tajikistan to Kosovo. In the security dimension of OSCE, good progress has been made in meeting conventional force reduction commitments. We will count on you, Steve, to help resolve the remaining issues. The Voluntary Fund for Moldova is a valuable tool for getting rid of weapons and ammunition. Keep using it. OSCE's action plan will be valuable in fighting terrorism. Implementation is critical. Keep the momentum going. Institutionally speaking, OSCE's strengths remain its flexibility, the high degree of political will that is reflected in its consensus decisions, and the politically binding nature of its commitments. As OSCE considers how it might best adapt to changing needs, do not compromise these strengths. Build upon them. Ladies and Gentlemen, next week, Steve and I will travel to Bucharest for a meeting of the OSCE Ministerial Council. There, the Chairmanship-in-Office will pass from the capable hands of Romania into the able hands of Portugal. And I will just as confidently witness the passing of the baton from Ambassador Johnson to Ambassador Minikes. There is a great deal of important work ahead for the OSCE. There are still many promises to keep. And Steve, the President and I know that you will help us keep them. You and Dede have President Bush's and my best wishes as you embark upon your new mission for our country. And now it is my pleasure to administer the oath of office.

  • The Status of Cyprus

    Ronald J. McNamara, Chief of Staff of the Commission on Security and Cooperation in Europe, moderated this briefing on developments in Cyprus. The nation of Cyprus was an original participating State in the then-Conference on Security and Cooperation in Europe, now known as the Organization for Security and Cooperation in Europe (OSCE). The focus was the human dimension and other basic human rights issues, such as freedom of movement. Mr. McNamara was joined by Ambassador Thomas G. Weston, who had, since August 1999, served as the United States Special Coordinator for Cyprus.  

  • Helsinki Commission Hearing Examines Situation in Moldova

    By John Finerty CSCE Staff Advisor The United States Helsinki Commission held a hearing on September 25, 2001 to examine the situation in Moldova, with a specific focus on developments in the Transdniestria region and the withdrawal of Russian military forces as well as armaments and ammunition from Moldova. After years of delay and uncertainty, the Russian Government has made considerable progress in removing its armed forces and military equipment from Moldova in accordance with the 1999 Istanbul Declaration of the Organization for Security and Cooperation in Europe (OSCE) and the 1990 Conventional Forces in Europe Treaty (CFE). By mid-November 2001, the Treaty Limited Equipment (heavy weaponry) under the CFE were removed or destroyed. Russian armed forces are to be withdrawn by the end of 2002. Implementation of the agreements has been assisted by a voluntary fund established under the auspices of the OSCE. Russia’s continued military presence in the sovereign nation of Moldova has been an unresolved and contentious issue since the breakup of the Soviet Union, when units of the Soviet 14th Army (now known as the Operative Group of Russian Forces) remained stationed in the Transdniestria region of Moldova. Some elements of the 14th Army assisted the pro-Moscow leadership of Transdniestria to secede from Moldova in 1991-2 and establish an unrecognized political entity known as the Dniestr Moldovan Republic (DMR). The current leadership of the DMR has strenuously protested the recent destruction of tanks and armored combat vehicles, seeking to secure some of the hardware for itself. Testifying at the hearing were Ambassador Steven Pifer, Deputy Assistant Secretary of State of the Bureau of European and Eurasian Affairs; Ambassador Ceslav Ciobanu, Ambassador of the Republic of Moldova to the United States; Dr. Kimmo Kiljunen, Member of the Parliament of Finland and Chairman of the OSCE Parliamentary Assembly's Working Group on Moldova; Ambassador William Hill, Head of the OSCE Mission to Moldova; and Dr. Charles King, Assistant Professor, School of Foreign Service and Department of Government at Georgetown University. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing with Commissioners Rep. Joseph R. Pitts (R-PA), Rep. Zach Wamp (R-TN), Rep. Robert B. Aderholt (R-AL) and Rep. Alcee L. Hastings (D-FL) participating. In response to a question by Co-Chairman Smith regarding the logistical and political problems facing troop withdrawal and weapons destruction, Ambassador Pifer replied that the main challenge is political, not logistical. Ambassador Hill added that the Russian Government appears prepared to leave; however, there is much resistance on the part of the Transdniestrian regime, since Tiraspol has relied on Russian troops as a “de facto shield” against attack, whether it would come from Moldova or elsewhere. Ambassador Pifer said the Russian Government is “on a schedule that will bring them down to zero tanks, armored combat vehicles and artillery by the end of the year,” which proved to be the case. He added that the difficult logistical challenges arise in the disposition of ammunition and small arms. According to Ambassador Pifer, the United States and Russia “want to make sure that these are eliminated and do not fall into the wrong hands.” Ambassador Pifer reported that the United States has already contributed $300,000 to the voluntary fund for destruction of equipment, as well as $69 million in financial assistance to Moldova from the Agency for International Development and other agencies. Responding to a question from Commissioner Hastings regarding U.S. assistance, “in the furtherance of Moldova’s involvement in the Stability Pact and in their overall re-development,” Ambassador Pifer pointed to U.S. assistance in helping Moldova integrate into European institutions. He continued that it is important that a “total commitment come from the United States and the European Union together.” Commissioner Pitts raised the possibility that perhaps Moscow is using the withdrawal tactic to gain concessions from the Moldovan Government in terms of the status of Transdniestra. Ambassador Hill described Russia as “deeply divided on this issue.” Most Russians realize that it is important to leave, but others see Transdniestra as part of Russia and thus desire the continued separation from Moldova. Commissioner Aderholt raised the question of the Moldovan Government’s efforts in resolving the Transdniestrian issue. Ambassador Ciobanu testified that the new Moldovan leadership, under President Vladimir Voronin has “resumed the dialogue with the separatist leaders” and “proposed a whole package of measures with a view of granting Transdniestria the status of a broad, regional self-government but preserving the sovereignty and territorial integrity of the Republic of Moldova.” Ambassador Ciobanu expressed dismay that Transdniestrian officials have not responded positively, but rather Transdniestria’s separatist position “became even tougher.” As a result, Ciobanu added, “We have reached the critical limits of possible concessions from our part.” Future concessions must come from Transdniestra and the international community should, according to the Moldovan Ambassador, commit to exerting pressure on the Transdniestrian regime. Dr. Kiljunen described the efforts made by the Working Group on Moldova to facilitate a dialogue between Chisinau and Tiraspol. The current Communist-led government enjoys a stable majority in the parliament and, according to Dr. Kiljunen, has “contributed [to] the solution of this Transdniestrian issue.” Dr. Kiljunen added that Russia should continue to be involved in Transdniestra as part of its “international commitments” to create stability in the region. With a more pessimistic view of the Transdniestrian conundrum, Dr. King suggested the current approach of the OSCE and the international community may have run its course. For the past ten years, he noted, “the people of Transdniestria have gone about, with the support of the Russian Federation, building something like a functioning state.” In fact, the last ten years have “strengthened Transdniestrian statehood,” instead of working towards reunification with Moldova. Today it is increasingly difficult to reintegrate these two societies because “they are fundamentally separate now.” The so-called Dniestr Moldovan Republic has solidified its position, and it may be too late for the type of resolution typically envisioned by the international community. Commissioner Wamp asked if the Moldovan Government provided for basic freedoms, including movement, religion, and elections. Dr. King responded that Moldova has made remarkable progress in “implementing freedoms across the board.” Freedom of movement, in particular, is relatively easy for average Moldovans; however, the Transdniestrian authorities have frequently obstructed freedom of movement across the border for Moldovan officials. Ambassador Hill suggested one problem in Moldova is not freedom of religion, but rather politicalization of the Orthodox Church. The European Court in Strasbourg is currently examining a suit against the Moldovan Government for not registering the Bessarabian Orthodox Church which sees itself as the legal successor to the pre-war Romanian Orthodox Church in Moldova. With respect to elections in Moldova, Dr. Kiljunen stated they have been free and fair. However, not all adults in the Transdniestra region were able to vote. “It was only a token, a small token...who really voted.” In addition, there have been parliamentary elections in Transdniestra itself. Because these elections were not observed, it is not known how fair and democratic they have been. Co-Chairman Smith noted Moldova’s status as a major source of trafficked women to Europe and inquired about the Moldovan Government’s response. Ambassador Pifer noted that the Moldovan Government has become more aware of the problem, and has begun to change some of its domestic legislation to include harsher penalties for trafficking. To help the women, Moldova has established a women’s crisis hotline center. Pifer said Moldova is attempting to recognize trafficked women as victims, not as prostitutes. Ambassador Ciobanu elaborated that Moldova has established a special governmental commission to deal with this issue. More importantly, Ciobanu added that Moldova is initiating economic and social programs in order to provide “some engagement, some jobs, [and] some prospectives for these young women in Moldova.”   Helsinki Commission intern Lauren Friend contributed to this article.

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

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

  • 67th Anniversary of Ukraine Famine and 25th Anniversary of Ukraine Helsinki Group

    Mr. Speaker, I rise to commemorate the memory of innocent victims of an abominable act perpetrated against the people of Ukraine in 1932-33. Seven million innocent men, women and children were murdered so that one man, Soviet dictator Joseph Stalin, could consolidate control over Ukraine. The Ukrainian people resisted the Soviet policy of forced collectivization. The innocent died a horrific death at the hands of a tyrannical dictatorship which had crushed their freedom. In an attempt to break the spirit of an independent-minded and nationally-conscious Ukrainian peasantry, and ultimately to secure collectivization, Stalin ordered the expropriation of all foodstuffs in the hands of the rural population. The grain was shipped to other areas of the Soviet Union or sold on the international market. Peasants who refused to turn over grain to the state were deported or executed. Without food or grain, mass starvation ensued. This manmade famine was the consequence of deliberate policies which aimed to destroy the political, cultural and human rights of the Ukrainian people. In short, food was used as a weapon in what can only be described as an organized act of terrorism designed to suppress a people's love of their land and the basic liberty to live as they choose. This month also marks an important milestone in more recent Ukrainian history. Twenty-five years ago, on November 9, 1976, 10 courageous men and women formed the Ukrainian Public Group to Promote the Implementation of the Helsinki Accords. The work of the Ukrainian Helsinki Group focused on monitoring human rights violations and on the Ukrainian national question as an integral component of human rights issues. The Ukrainian Helsinki Group eventually became the largest of its kind among similar groups in the Soviet Union, but also the most repressed by the Soviet regime. Of the 37 Ukrainians who eventually joined the Group, virtually all were subjected to lengthy terms in labor camps and internal exile. Three--Oleksiy Tykhy, Yuri Lytvyn and Vasyl Stus--died in the mid-1980s while serving camp terms under extremely harsh conditions. Their courageous, active commitment to human rights and freedom for the people of Ukraine laid the foundation for the historic achievement of Ukrainian independence in 1991. As we honor the memory of the millions of innocent victims of the Ukrainian Famine, let us also not forget to honor the work and, in some instances, the martyrdom, of the valiant members of the Ukrainian Helsinki Group. While similar atrocities are highly unlikely, Ukraine has yet to realize its full democratic potential. Despite the real progress made in the decade since independence, the unsolved murders of Georgiy Gongadze and other journalists and political figures, the assaults on media freedoms, the pervasive corruption, and the lack of respect for the rule of law demonstrate a democratic deficit that must be overcome. An independent, sovereign, democratic Ukraine--in which respect for the dignity of human beings is the cornerstone--is the best guarantee that the horrors of the last century become truly inconceivable.

  • Romania’s Chairmanship of the OSCE

    This hearing discussed Romania’s chairmanship of the OSCE, which began in January 2001. The hearing reviewed the OSCE’s work in strengthening security, preventing conflict and managing crises in the OSCE region, as well as promoting respect for human rights and democratic values in the OSCE participating states under Romania’s chairmanship.

  • Religious Registration in the OSCE Region

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

  • Roadblock to Religious Liberty: Religious Registration

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

  • Moldova: Are the Russian Troops Really Leaving?

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

  • Missed Opportunity in Belarus

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

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

    This hearing examined international efforts to deploy civilian police in post-conflict regions in Europe. The hearing also examined efforts to monitor and train local police for effectiveness in keeping with democratic standards and the rule of law. One of the more critical and difficult challenges in the transition to democracy in the OSCE region has been the process of transforming law enforcement structures. Progress in meeting this challenge has been mixed, and regrettably, in some countries those charged with upholding the law are themselves responsible for human rights violations

  • Helsinki Commissioners Play Key Role at OSCE Parliamentary Assembly

    Leaders and Members of the United States Helsinki Commission played a key role as part of the U.S. delegation to the Tenth Annual Parliamentary Assembly of the Organization for Security and Cooperation in Europe hosted by the French National Assembly July 6-10, 2001. The U.S. delegation successfully promoted measures to improve the conditions of human rights, security and economic development throughout Europe. Commission Chairman Senator Ben Nighthorse Campbell (R-CO) and Co-Chairman Rep. Christopher H. Smith (R-NJ) led eight of their Commission colleagues and five other Representatives on the delegation, the largest of any nation participating in the 2001 Assembly. The size of the 15-Member U.S. delegation was a demonstration of the continued commitment by the United States, and the U.S. Congress, to Europe. Commission Members from the Senate participating in the Assembly were Senator Kay Bailey Hutchison (R-TX) and Senator George V. Voinovich (R-OH). Commission Members from the House of Representatives included Rep. Steny H. Hoyer (D-MD), Rep. Joseph R. Pitts (R-PA), Rep. Benjamin L. Cardin (D-MD), Rep. Zach Wamp (R-TN),Rep. Louise McIntosh Slaughter (D-NY) and Rep. Alcee L. Hastings (D-FL). Other delegates from the House of Representatives were Rep. Michael McNulty (D-NY), Rep. Peter King (R-NY), Rep. Ed Bryant (R-TN), Rep. Joseph Hoeffel (D-NY) and Rep. Tom Tancredo (R-CO). The central theme of OSCE PA´s Tenth Annual Session was "European Security and Conflict Prevention: Challenges to the OSCE in the 21st Century." This year's Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States, including the first delegation from the Federal Republic of Yugoslavia following Belgrade's suspension from the OSCE process in 1992. Seven countries, including the Russian Federation and the Federal Republic of Yugoslavia, were represented at the level of Speaker of Parliament or President of the Senate. Following a decision made earlier in the year, the Assembly withheld recognition of the pro-Lukashenka National Assembly given serious irregularities in Belarus' 2000 parliamentary elections. In light of the expiration of the mandate of the democratically-elected 13th Supreme Soviet, no delegation from the Republic of Belarus was seated. The inaugural ceremony included welcoming addresses by the OSCE PA President Adrian Severin, Speaker of the National Assembly Raymond Forni, and the Speaker of the Senate Christian Poncelet. The French Minister of Foreign Affairs, Hubert Védrine also addressed delegates during the opening plenary. The OSCE Chairman-in-Office, Romanian Foreign Minister Mircea Geoana, presented remarks and responded to questions from the floor. Other senior OSCE officials also made presentations, including the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the OSCE Office for Democratic Institutions and Human Rights. The 2001 OSCE PA Prize for Journalism and Democracy was presented to the widows of the murdered journalists José Luis López de Lacalle of Spain and Georgiy Gongadze of Ukraine. The Spanish and Ukrainian journalists were posthumously awarded the prize for their outstanding work in furthering OSCE values. Members of the U.S. delegation played a leading role in debate in each of the Assembly's three General Committees - Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. Resolutions sponsored by Commissioners on the U.S. delegation served as the focal point for discussion on such timely topics as "Combating Corruption and International Crime in the OSCE Region," by Chairman Campbell; "Southeastern Europe," by Senator Voinovich; "Prevention of Torture, Abuse, Extortion or Other Unlawful Acts" and "Combating Trafficking in Human Beings," by Co-Chairman Smith; "Freedom of the Media," by Mr. Hoyer; and "Developments in the North Caucasus," by Mr. Cardin. Senator Hutchison played a particularly active role in debate over the Anti-Ballistic Missile Treaty in the General Committee on Political Affairs and Security, chaired by Mr. Hastings, which focused on the European Security and Defense Initiative. An amendment Chairman Campbell introduced in the General Committee on Economic Affairs, Science, Technology and Environment on promoting social, educational and economic opportunity for indigenous peoples won overwhelming approval, making it the first ever such reference to be included in an OSCE PA declaration. Other U.S. amendments focused on property restitution laws, sponsored by Mr. Cardin, and adoption of comprehensive non-discrimination laws, sponsored by Mr. Hoyer. Chairman Campbell sponsored a resolution calling for lawmakers to enact specific legislation designed to combat international crime and corruption. The resolution also urged the OSCE Ministerial Council, expected to meet in the Romanian capital of Bucharest this December, to consider practical means of promoting cooperation among the participating States in combating corruption and international crime. Co-Chairman Smith sponsored the two resolutions at the Parliamentary Assembly. Smith's anti-torture resolution called on participating States to exclude in courts of law or legal proceedings evidence obtained through the use of torture or other forms of cruel, inhuman or degrading treatment. Smith also worked with the French delegation to promote a measure against human trafficking in the OSCE region. Amendments by members of the U.S. delegation on the General Committee on Democracy, Human Rights and Humanitarian Questions focused on the plight of Roma, Mr. Smith; citizenship, Mr. Hoyer; and Nazi-era compensation and restitution, and religious liberty, Mrs. Slaughter. The Parliamentary Assembly adopted a resolution sponsored by Mr. Hoyer which called on all OSCE States to ensure freedom of speech and freedom of the press in their societies. Hoyer said an open, vibrant and pluralistic media is the cornerstone of democracy. He noted that free press is under attack in some OSCE countries. Senator Voinovich sponsored a comprehensive resolution promoting greater stability in Southeast Europe. Senator Voinovich's resolution pushed for a political solution to the violence and instability which has engrossed Southeastern Europe. Mrs. Slaughter successfully sought measures toward protecting religious liberties and recognizing the importance of property restitution. An amendment noted that OSCE participating States have committed to respecting fundamental religious freedoms. Another amendment recognized that attempts to secure compensation and restitution for losses perpetrated by the Nazis can only deliver a measure of justice to victims and their heirs. Mr. Cardin sponsored a resolution on the North Caucasus region of the Russian Federation which denounced the excessive force used by Russian military personnel against civilians in Chechnya. The resolution condemns all forms of terrorism committed by the Russian military and Chechen fighters. One of Cardin's amendments addressed the restitution of property seized by the Nazis and Communists during and after World War II. Mr. Hastings was elected to a three-year term as one of nine Vice Presidents of the Parliamentary Assembly. Mr. Hastings most recently served as Chairman of the Assembly's General Committee on Political Affairs and Security. U.S. participants also took part in debate on the abolition of the death penalty, an issue raised repeatedly during the Assembly and in discussions on the margins of the meeting. The Paris Declaration of the OSCE Parliamentary Assembly is available on the Internet at http://www.osce.org/pa. While in Paris, members of the delegation held a series of meetings, including bilateral sessions with representatives from the Russian Federation, the Federal Republic of Yugoslavia, the United Kingdom, and Kazakhstan. Members also met with the President of the French National Assembly to discuss diverse issues in U.S.-French relations including military security, agricultural trade, human rights and the death penalty. During a meeting with Romanian Foreign Minister Mircea Geoana, Members discussed the United States' proposal of a strategic defense initiative, policing in the former Yugoslavia, and international adoption policy. Members also attended a briefing by legal experts on developments affecting religious liberties in Europe. A session with representatives of American businesses operating in France and elsewhere in Europe gave members insight into the challenges of today's global economy. Elections for officers of the Assembly were held during the final plenary. Mr. Adrian Severin of Romania was re-elected President. Senator Jerahmiel Graftstein of Canada was elected Treasurer. Three of the Assembly's nine Vice-Presidents were elected to three-year terms: Rep. Alcee Hastings (USA), Kimmo Kiljunen (Finland), and Ahmet Tan (Turkey). The Assembly's Standing Committee agreed that the Eleventh Annual Session of the OSCE Parliamentary Assembly will be held next July in Berlin, Germany. En route to Paris, the delegation traveled to Normandy for a briefing by United States Air Force General Joseph W. Ralston, Commander in Chief of the U.S. European Command and Supreme Allied Commander Europe. General Ralston briefed the delegation on security developments in Europe, including developments in Macedonia, Kosovo and Bosnia-Herzegovina, as well as cooperation with the International Criminal Tribunal for the former Yugoslavia. At the Normandy American Cemetery, members of the delegation participated in ceremonies honoring Americans killed in D-Day operations. Maintained by the American Battle Monuments Commission, the cemetery is the final resting place for 9,386 American service men and women and honors the memory of the 1,557 missing. The delegation also visited the Pointe du Hoc Monument honoring elements of the 2nd Ranger Battalion. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

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

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

  • Romania's Chairmanship of OSCE

    Mr. Speaker, this year, Romania holds the chairmanship of the 55-nation Organization for Security and Cooperation in Europe (OSCE). Obviously, this is one of the most important positions in the OSCE and, as Romania is a little more than half way through its tenure, I would like to reflect for a moment on some of their achievements and challenges. First and foremost, I commend Romanian Foreign Minister Mircea Geoana for his leadership. In late January Minister Geoana met in the Capitol with members of the Helsinki Commission which I co-chair and again two weeks ago at the Parliamentary Assembly meeting in Paris, we had a helpful exchange of views. He has demonstrated, in word and deed, that he understands how important the role of chairman is to the work of the OSCE. His personal engagement in Belarus and Chechnya, for example, illustrates the constructive possibilities of the chairmanship. I appreciate Foreign Minister Geoana's willingness to speak out on human rights concerns throughout the region. As Chair-in-Office, we also hope that Romania will lead by example as it continues to implement economic and political reform and to further its integration into western institutions. In this regard, I would like to draw attention to a few of the areas the Helsinki Commission is following with special interest. First, many members of the Helsinki Commission have repeatedly voiced our concerns about manifestations of anti-Semitism in Romania, often expressed through efforts to rehabilitate or commemorate Romania's World War II leadership. I was therefore encouraged by the swift and unequivocal response by the Romanian Government to the inexcusable participation of General Mircea Chelaru in a ceremony unveiling a bust of Marshal Ion Antonescu, Romania's war-time dictator. I particularly welcome President Iliescu's statement that "Marshal Ion Antonescu was and is considered a war criminal for the political responsibility he assumed by making [an] alliance with Hitler.'' I encourage the Romanian Government to give even greater meaning to this statement and to its stated commitment to reject anti-Semitism. Clearly, the next step should be the removal of Antonescu statues from public lands, including those at the Jilava prison and in Slobozia, Piatra Neamt, and Letcani. Mr. Speaker, I also appreciate the recent statement by Prime Minister Nastase that journalists should not be sent to jail for their writings. But frankly, it is not enough for the Prime Minister merely to reject efforts to increase the criminal penalties that journalists are now vulnerable to in Romania. Non-governmental organizations have spoken to this issue with one voice. In fact, since the beginning of this year, NGOs have renewed their call for changes to the Romanian penal code that would bring it into line with OSCE standards. Amnesty International, Article l9, the Global Campaign for Free Expression, the International Helsinki Federation and the Romanian Helsinki Committee have all urged the repeal of articles 205, 206, 207, 236, 236(1), 238 and 239 from the criminal code and, as appropriate, their replacement by civil code provisions. I understand the Council of Europe made similar recommendations to Romania in 1997. Moreover, the OSCE Representative on Freedom of the Media has said, clearly and repeatedly, that criminal defamation and insult laws are not consistent with OSCE commitments and should be repealed. There is no better time to take this step than now, while Romania holds the Chairmanship of the OSCE. Public authorities, of course, should be protected from slander and libel, just like everyone else. Clearly, civil codes are more than adequate to achieve this goal. Accordingly, in order to bring Romanian law into line with Romania's international obligations and commitments, penal sanctions for defamation or insult of public authorities in Romania should be altogether ended. It is time, and past time, for these simple steps to be taken. As Chairman-in-Office, Minister Geoana has repeatedly expressed his concern about the trafficking of human beings into forced prostitution and other forms of slavery in the OSCE region. The OSCE has proven to be an effective forum for addressing this particular human rights violation, and I commend Minister Geoana for maintaining the OSCE's focus on the issue. Domestically, Romania is also in a position to lead by example in combating trafficking. Notwithstanding that the State Department's first annual Trafficking in Persons report characterizes Romania as a “Tier 3” country in the fight against human trafficking, that is, a country which does not meet minimum standards for the elimination of trafficking and is not making significant efforts to bring itself into compliance with those standards--it is clear the Government of Romania is moving in a positive direction to address the trafficking of human beings from and through its territory. For example, the Ministry of Justice is actively working on a new anti-trafficking law. The government is also cooperating closely with the Regional Center for Combating Trans-Border Crime, created under the auspices of the Southeast European Cooperative Initiative and located in Bucharest, and in particular, with the Center's anti-human trafficking task force. I encourage the Government of Romania to continue with these efforts and to undertake additional initiatives. For example, law enforcement officers in Romania, as in many other OSCE States, are still in need of thorough training on how to investigate and prosecute cases of suspected human trafficking. Training which reinforces the principle that trafficked persons deserve a compassionate response from law enforcement--as they are victims of crime themselves, not criminals, is necessary. When such training leads to more arrests of traffickers and more compassion toward trafficking victims, Romania will be a regional leader in the fight against this modem slavery. Finally, Mr. Speaker, I would like to say a few words about the Romani minority in Romania. Romania may have as many as 2 million Roma, and certainly has the largest number of Roma of any OSCE country. Like elsewhere in the region, they face discrimination in labor, public places, education, and housing. I am especially concerned about persistent and credible reports that Roma are subjected to police abuse, such as the raids at the Zabrauti housing development, near Bucharest, on January 12, and in Brasov on February I and 9 of this year. I commend Romani CRISS and other groups that have worked to document these problems. I urge the Romanian Government to intensify its efforts to prevent abusive practices on the part of the police and to hold individual police officers accountable when they violate the law. In the coming months, the OSCE will conduct the Human Dimension Implementation Review meeting in Warsaw, a Conference on Roma and Sinti Affairs in Bucharest, and the Ministerial Council meeting also in Bucharest, among other meetings and seminars. The legacy of the Romanian Chairmanship will entail not only the leadership demonstrated in these venues but also progress made at home through further compliance with OSCE commitments.

  • U.S. Aid to Ukraine

    Mr. Chairman, I rise in strong support of the Kaptur amendment which would create a floor rather than a ceiling for the level of funding to the U.S. assistance to Ukraine. The level of funding provided for assistance to Ukraine, as has been pointed out, $125 million, is not insignificant. However, it does represent a precipitous $44 million reduction from last year, the 2001 level of $169 million. I share the concerns about some of the recent developments in the Ukraine which are raised in the report language, including the unresolved deaths of Ukrainian journalists. In fact, I was the first Member to express concerns about murdered journalist Georgiy Gongadze following his disappearance last September. In May, the Helsinki Commission, which I co-chair, held a hearing devoted exclusively to the situation in Ukraine. Clearly the downward trends and negative developments in Ukraine were enumerated, and the leadership of Ukraine was strongly encouraged to demonstrate in word, and as the chairman pointed out, in deed as well, greater respect for human rights and the rule of law. Mr. Chairman, 2 weeks ago I co-chaired the U.S. delegation to the OSCE Parliamentary Assembly in Paris. One of the most moving and most powerful moments of that entire meeting was Mrs. Gongadze's acceptance of the OSCE Prize for Journalism and Democracy on behalf of her murdered husband. And as the gentlewoman pointed out, she has called on this body not to cut this funding. While we were troubled by the developments in the Ukraine, including the situation of the media and the April ouster of Ukraine's reformist Prime Minister, we cannot deny the positive developments either. These include for the first time in over a decade strong economic growth, continued good relations with her neighbors, and a cooperative partnership with the West, especially the United States. Now is not the time to cut assistance. Ukraine still has tremendous needs. For example, the Chernobyl power plant was shut down last December, but the consequences of that nuclear disaster still leaves an indelible mark on the Ukrainian nation. They need continued assistance in overcoming this devastating legacy, especially its toll in cancer and other serious illnesses. Ukraine's weak medical infrastructure still faces considerable challenges, such as the growing AIDS problem. As the gentlewoman from Ohio (Ms. Kaptur) pointed out, very little of our assistance benefits directly the Ukrainian government. Instead, it goes to programs that help NGOs and the independent media or municipal and small business development. With the parliamentary elections approaching next March, NGOs, political parties and reform-oriented local governments working to strengthen democracy in Ukraine need our support, as does the independent media. Finally, Mr. Chairman, in his address at Warsaw University during his visit to Poland last month, President Bush stated, “The Europe we are building must include Ukraine, a nation struggling with the trauma of transition. Some in Kyiv speak of their country's European destiny. If this is their aspiration, we should reward it.'' Mr. Chairman, I hope the gentlewoman's amendment is adopted as this work-in-progress makes its way through the House and conference.

  • Amendment on Yugoslavia War Criminals

    Mr. Chairman, I make a point of order that the language on page 107, lines 11 through 17, is not in order because it violates clause 2 of rule XXI of the House rules which prohibits legislation on an appropriations bill. The CHAIRMAN. Does the gentleman from Arizona (Mr. KOLBE) wish to be heard on the point of order? Mr. KOLBE. No, Mr. Chairman. The CHAIRMAN. The Chair finds that this provision directly amends existing law. The provision therefore constitutes legislation in violation of clause 2 of rule XXI. The point of order is sustained, and section 577 is stricken from the bill. The Clerk will read. The Clerk read as follows: WAR CRIMINALS SEC. 578. (a) None of the funds appropriated or otherwise made available pursuant to this Act may be made available for assistance, with the exception of humanitarian assistance and assistance for democratization, to any country, entity or municipality whose competent authorities have failed, as determined by the Secretary of State, to take necessary and significant steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the Former Yugoslavia (the ``Tribunal'') all persons in their territory who have been publicly indicted by the Tribunal. (b) The provisions of subsection (a) shall apply unless the Secretary of State determines and reports to the appropriate committees of the Congress that the competent authorities of such country, entity, or municipality are-- (1) cooperating with the Tribunal, including access for investigators, the provision of documents, and the surrender and transfer of publicly indicted indictees or assistance in their apprehension; and (2) taking steps that are consistent with the Dayton Accords. (c) The Secretary of State may waive the application of subsection (a) with respect to a country, entity, or municipality upon a written determination to the Committees on Appropriations of the House of Representatives and the Senate that provision of assistance that would otherwise be prohibited by that subsection is in the national interest of the United States. AMENDMENT NO. 8 OFFERED BY MR. SMITH OF NEW JERSEY Mr. SMITH of New Jersey. Mr. Chairman, I offer an amendment on behalf of the gentleman from Maryland (Mr. CARDIN) and myself. The CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 8 offered by Mr. SMITH of New Jersey: Page 108, after line 20, insert the following: SENSE OF THE CONGRESS RELATING TO COOPERATION WITH THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA SEC. 579. (a) FINDINGS.--The Congress finds as follows: (1) All member states of the United Nations have the legal obligation to cooperate fully with the International Criminal Tribunal for the Former Yugoslavia. (2) All parties to the General Framework Agreement for Peace in Bosnia and Herzegovina have the legal obligation to cooperate fully with the Tribunal in pending cases and investigations. (3) The United States Congress continues to insist, as a condition for the receipt of foreign assistance, that all governments in the region cooperate fully with the Tribunal in pending cases and investigations. (4) The United States Congress strongly supports the efforts of the Tribunal to bring those responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia to justice. (5) Those authorities in Serbia and the Federal Republic of Yugoslavia responsible for the transfer of Slobodan Milosevic to the Tribunal at The Hague are congratulated. (6) The governments of Croatia and Bosnia are congratulated for their cooperation with the Tribunal, particularly regarding the transfer of indictees to the Tribunal. (7) At least 30 persons who have been indicted by the Tribunal remain at large, especially in the Republika Srpska entity of Bosnia-Herzegovina, including but not limited to Radovan Karadzic and Ratko Mladic. (8) The Parliamentary Assembly of the Organization for Security and Cooperation in Europe recently adopted a resolution that emphasizes the importance of cooperation by member states with the Tribunal. (b) SENSE OF CONGRESS.--It is the sense of Congress that: (1) All governments, entities, and municipalities in the region, including but not limited to the Federal Republic of Yugoslavia , Serbia, and the Republika Srpska entity of Bosnia and Herzegovina, are strongly encouraged to cooperate fully and unreservedly with the International Criminal Tribunal for the Former Yugoslavia in pending cases and investigations. (2) All governments, entities, and municipalities in the region should cooperate fully and unreservedly with the Tribunal, including (but not limited to) through-- (A) the immediate arrest, surrender, and transfer of all persons who have been indicted by the Tribunal but remain at large in the territory which they control; and (B) full and direct access to Tribunal investigators to requested documents, archives, witnesses, mass grave sites, and any officials where necessary for the investigation and prosecution of crimes under the Tribunal's jurisdiction. The CHAIRMAN. Pursuant to the order of the House today, the gentleman from New Jersey (Mr. SMITH) and a Member opposed each will control 10 minutes. Mr. KOLBE. Mr. Chairman, I claim the time in opposition, and I reserve a point of order against this amendment. The CHAIRMAN. The gentleman from Arizona (Mr. KOLBE) reserves a point of order, and will be recognized on the amendment. The Chair recognizes the gentleman from New Jersey (Mr. SMITH) for 10 minutes. Mr. SMITH of New Jersey. Mr. Chairman, I yield myself such time as I may consume. This amendment, Mr. Chairman, underscores our resolve to bring to justice those responsible for war crimes, crimes against humanity, and genocide. Sometimes some people wonder if it is really worth introducing this complex and complicating factor called justice into U.S. policy toward the region. Justice may be nice, they argue, but regional stability is what is really needed in the Balkans. Insisting on the prosecution of war crimes, they continue, certainly does not help in this regard, and if our European allies are not pushing this, why should we? Mr. Chairman, in response, I ask that my colleagues make sure that time has not faded the horrific images of the Yugoslav conflict, images of prisoners interred in camps like Omarska, the mass graves of Vukovar, Srebrenica, and in recent weeks those uncovered in Serbia itself. I would just say parenthetically on a trip the gentleman from Virginia (Mr. WOLF) and I made in the early months of the war against Croatia, we went to Osijek and Vukovar. We were there when it was surrounded by Serbian military snipers. There were MiGs flying overhead. We met with people inside of wine cellars who would not come out because every day snipers were just picking off innocent civilians, killing these people as they walked down the street, as they leveled one block after another. The people who were in Vukovar Hospital, soon after we left, just months after we left when that city under siege was overtaken, were literally taken out and killed in a terrible, a horrible way, just shot and put into a mass grave. So I would respectfully submit that we must remember those frightened, innocent peasants who we all saw the images of day in and day out on CNN fleeing over mountain passes with whatever they could carry. There were stories of snipers in Vukovar, in Sarajevo, in Mostar, in other cities, shooting anybody that crossed the street; or the militants lobbing shells at schools or kids who wrongfully hoped it would be safe enough to do a little sleigh riding in their hilly neighborhoods. It is virtually impossible for us, I would submit, to comprehend what it is like for these people who did nothing wrong, who posed no threat to anyone, to have encountered such hostility and such hatred. We must never forget nor should we ever stop seeking justice for those who fled, for those who were tortured, for those who were raped repeatedly. We had hearings, Mr. Chairman. The gentleman might recall in the Helsinki Commissions we brought in rape victims who, as a matter of state policy, the Serbian government and the Bosnian Serbs were trying to make an example of these women to break the back of those people in Serbia, in Bosnia. It was horrible to see the blank faces and the vacant look in their eyes, the look of pain, as they came forward to tell of their stories. We must put ourselves in their shoes as we consider this amendment. We must stand there on the edge of that ditch and try to ponder the notion that these drunken people had their rifles pointed at their backs, and those sons and daughters and fathers and everyone else were killed. There needs to be an accounting. We must remember that these culprits of these horrific crimes are today living their lives at large, mostly in the Republic of Srpska, and in Serbia as well. As a matter of fact, a history of ancient hatreds is really a myth. They like to throw that out, that somehow this was just all of these animosities, generation after generation. Nothing was inevitable. This did not have to happen. Those responsible for this carnage need to be held to account, people like Karadzic, Mladic, and some 30 others who have already been indicted by the tribunal who are walking the streets free today. They need to be held to account. Mr. Chairman, I offer this amendment. I know the chairman may raise a point of order. It does express our collective concerns as Democrats, Republicans, and Independents in favor of going forward and being as aggressive and attentive as we can be. As I said at the outset, time should not fade these memories. As we learned from the Holocaust and the atrocities of Nazis, we hunt down until we bring to justice those who have committed these horrible acts. Mrs. LOWEY. Mr. Chairman, I move to strike the last word. As the gentleman knows, we worked together to craft appropriate language regarding aid to Yugoslavia and its cooperation with the War Crimes Tribunal. The bill carries similar language to the fiscal year 2001 bill. It allows assistance to Serbia until March 30, 2002, at which time the Secretary of State must certify that Serbia is cooperating with the Tribunal, taking steps consistent with the Dayton Accords to limit financial cooperation with the Republic of Srpska, and is respecting minority rights. The bill also carries separate language requiring that all countries cooperate with the international criminal tribunal or face penalties. We arrived at this language through negotiations with the chairman, and it enjoys the support of most members of the committee. I understand and agree with the concerns addressed in the gentleman's amendment, and I am happy that the language included reflects many of those concerns. I am pleased to note that soon after our subcommittee marked up this bill former President Milosevic was turned over to the Tribunal. Despite this historic event, I strongly support retaining this language. It recognizes the simple fact that many war criminals remain at large and that our assistance should continue to be conditioned to a great degree on continued cooperation with the Tribunal. I thank the gentleman for his leadership on this issue. Mr. Chairman, I yield back the balance of my time. Mr. KOLBE. Mr. Chairman, I continue to reserve a point of order on this amendment, and I yield myself such time as I may consume. Mr. Chairman, let me just say about this issue, I understand the concerns that people have, and it is one that I share. We want to make sure that war criminals are brought to justice. We want to make sure that we move in Serbia to help develop democracy in that region. These are not mutually exclusive, by any means. But sometimes the orbits may come into conflict. We have two provisions in our bill relating to war criminals. Section 582 is a variation of last year's provision affecting Serbia. Section 578 is a streamlined replacement for the so-called Lautenberg Amendment that applies to all countries in the Balkans. That language, and I was just reading it the other day, it is pages and pages and pages in the bill that was so complicated it was just routinely waived. The committee recommendation this year I think is much more straightforward. Regarding Serbia, last year's language prohibited most assistance to Serbia after March 31 of 2001 unless the President can certify, among other things, that Yugoslavia was cooperating with the War Crimes Tribunal in The Hague. Such a certification was made last year. We have received requests to continue and even to strengthen the language this year. Our recommendation continues the language largely unchanged from last year. I am not enthusiastic about doing that. We need to help the people of Serbia and the reformers in that country and the long struggle they have been facing to reform their society. Punishing them for not fulfilling every aspect of The Hague Tribunal's directives may not, and I think is not, positive in the long run. We want to help the democratic governments in the Balkans. We are not trying to hurt them. We are not trying to stunt their democratic growth. The Hague Tribunal is part of an effort to promote democratic governments. We cannot sacrifice the future of democratic governments to the procedural niceties, however, of the tribunal. They need to work together. They need to go hand in hand. The tribunal needs to do its stuff, but the countries are not always going to find it possible to comply with every single thing that the tribunal might ask them. But I think it is worth noting, as every Member of this body is well aware, that President Milosevic, the key war criminal we were insisting that Serbia send to the tribunal, has been sent to The Hague. That has caused an enormous political difficulty for the government in Serbia. Let us not underestimate the great difficulties the Serbian Government, both at the provincial level as well as at the national, the federation level, has had in dealing with this problem. We also recognize that Croatia needs to send additional war criminals to The Hague. By bowing to international pressures, particularly pressure from the United States, the new democratic governments in the regions are facing tremendous risks, as we have been seeing with the political upheaval that has followed the transfer of President Milosevic to The Hague. So in our strong desire to have full compliance with the tribunal, I hope we do not end up hurting the very governments that we are trying to help. So for that reason, I think this is bad legislation, a bad approach to the problem. Mr. Chairman, I continue to reserve the balance of my time and also the point of order. Mr. SMITH of New Jersey. Mr. Chairman, I yield myself 2 minutes, just to respond briefly. And I know a point of order is lodged against this, or will be shortly, but the language really does focus on all governments, entities, and municipalities in the region. And, frankly, when we have a sense of impunity, and I know Kostunica and others are trying to do their part to try to rein in. While I was in Paris, at the OSCE parliamentary assembly, we had a very, very meaningful, as did other members of our delegation, meeting with the speaker of the parliament in Serbia. And I believe they really are serious about trying to rein in on the impunity that unfortunately was the modus operandi of Serbia for so long and the Republic of Yugoslavia. This language tries to say we are on your side, we want to help rid, or at least get to justice, those people who have committed these terrible crimes, because they intimidate their own people. On day two of the bombing, one of the people who had come to our Helsinki Commission and had testified on behalf of free media, at a time when Milosevic had shut down S92, and other independent media, he was murdered right after the bombing began. He was shot dead gangland-style by the thugs of Slobodan Milosevic. Some of those same people are still walking the streets. Otpor has come out, and they are naming names of police who have committed atrocities, putting themselves at considerable risk. So it seems to me that the more we encourage those democratic forces, and this is sense of the Congress language granted, the quicker they will get to a free and hopefully a robust democracy. Let me just finally say, and I say to this my good friend the chairman, our hope is that we look very seriously at a police academy for the Republic of Yugoslavia. We met with General Ralston, our delegation, on our trip, and he made it very clear that the Kosovo Academy, which has now graduated some 4,000 police, really is the model for the region. It is the way we ought to be going. If we want to exit and pull out NATO troops, U.S. troops, we need to have on the ground the kind of stability and transparency that a properly trained police academy with an emphasis on human rights can bring. And it seems to me that Bosnia and the Republic of Srpska and, of course, the Republic of Yugoslavia could benefit greatly from it. So I ask the amendment be supported by my colleagues.

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