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hearing
The Impact of Organized Crime and Corruption On Democratic and Economic Reform
Thursday, March 23, 2000Commissioners Christopher Smith and Ben Nighthorse Campbell, along with others, discussed just how detrimental organized crime and corruption are on society. More specifically, organized crime negatively impact democracy’s expansion, the promotion of civil society, and security in the OSCE region, as well as economic development, particularly in southeast Europe and Central Asia. This is relevant to the United States because it has a strategic interest in promoting democratic reform and stability in the former U.S.S.R. and Central Asia. Countries in this region assist U.S. businesses exploring market opportunities, and the U.S. provides a good bit of bilateral assistance to these countries. The Helsinki Commission has pressed for greater OSCE involvement in efforts to combat corruption.
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hearing
The Status of Religious Liberty in Russia Today
Thursday, February 17, 2000Hon. Cristopher H. Smith, Chairman of the Commission on Security and Cooperation in Europe, presided over this hearing on the status of religious liberty in Russia. It was one in a series of Helsinki Commission hearings to examine human rights issues in the nations of the Organization for Security and Cooperation in Europe. Hon. Smith was joined by panelists to provide their insights on these issues: Robert Seiple, Ambassador-at-Large for International Religious Freedom; Rabbi Lev Shemtov, Director of American Friends of Lubavitch; Pastor Igor Nikitin, Chariman of the Assosiation of Christian Churches of St. Petersburg; Father Leonid Kishkovsky, Pastor; and Anatoly Krasikov, Chairman of Russian Chapter, International Association for Religious Liberty in Moscow.
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statement
Baptist Church Targeted by Azerbaijan Authorities
Wednesday, September 22, 1999Mr. Speaker, as Chairman of the Commission on Security and Cooperation in Europe, I rise today to highlight a disturbing incident involving governmental harassment of religious believers in Azerbaijan. We have received reports of religious liberty violations perpetrated by governmental authorities. As a participating State of the OSCE, Azerbaijan has committed to insuring the freedom of individuals to profess and practice their religion. These recent governmental actions are a clear violation of Azerbaijan's OSCE commitment to the freedom of thought, conscience, religion or belief. On September 5th, government officials in Baku forced their way into a legally-registered church, Baku Baptist Church, and arrested sixty members of the religious group. The pastors of the church as well as a dozen foreigners were among those arrested and interrogated. The arrested Azeri religious believers were detained and asked to sign a statement affirming that they had attended an “illegal meeting” and promising not to attend the religious meetings in the future. Ultimately, two leaders of the church were sentenced to 15 days in prison on charges relating to resisting police. Likewise, then other foreign members of the religious group were charged with “engaging in religious propaganda” and “propagating against the Muslim faith,” in violation of an Azeri law that forbids such activity. On September 8th, all ten foreigners were deported and more deportations are likely. These events are alarming, Mr. Speaker. While there had been reports of governmental harassment in the past, especially of unregistered religious minority groups, these current events are especially problematic because the target of these actions was a legally registered religious group. Mr. Speaker, these actions are in direct violation to Azerbaijan's OSCE commitments, including section 16 of the 1989 Vienna Concluding Document, which explicitly delineates the wide scope of activities protected, including the right to establish and maintain places of worship and granting them status under law to both profess and practice their faith. In the 1990 Copenhagen Concluding Document Article 9.1, Azerbaijan has reaffirmed “that everyone will have the right to freedom of expression, including the right to communication. This right will include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.'' The actions by Azerbaijani officials clearly violate these commitments. I truly hope that these government actions are merely an aberration and will be dealt with accordingly and are not the signal of even more repression of religious believers in Azerbaijan. I would like to commend to my colleagues the work of our Embassy in Baku on religious liberty. Embassy personnel have taken this recent incident very seriously and have followed the situation from the start. I urge those of my colleagues who interact with Azerbaijani Government officials to raise religious liberty issues in their discussions, stressing the essential role that religious liberty--and indeed human rights in general, play in maintaining a free, stable, and democratic civil society.
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briefing
Human Rights in Russia
Wednesday, September 08, 1999This briefing focused on a report by the Moscow Helsinki Group and the Union of Councils for Soviet Jews regarding human rights in 30 out of Russia’s 89 regions. The report, part of a project funded by USAID, was unprecedented in its scope and detail of coverage of human rights across Russia. At a previous hearing, the connection was drawn between the decline in Russia’s economic fortunes and the growing violations of human rights and civil liberties. Ludmilla Alexeeva and Micah Naftalin discussed how crime, corruption, and human rights violations combined to weaken democracy and rule of law in Russia and undermine the well-being of its people. They emphasized the vastness of these problems and the necessary collaboration of NGOs from different regions to obtain a thorough and accurate analysis of the country’s respect for human rights.
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statement
OSCE PA Delegation Trip Report
Thursday, July 15, 1999Mr. President, I take this opportunity to provide a report to my colleagues on the successful congressional delegate trip last week to St. Petersburg, Russia, to participate in the Eighth Annual Parliamentary Assembly Session of the Organization for Security and Cooperation in Europe, known as the OSCE PA. As Co-chairman of the Helsinki Commission, I headed the Senate delegation in coordination with the Commission Chairman, Congressman Chris Smith. THE PARLIAMENTARY ASSEMBLY This year's congressional delegation of 17 members was the largest representation by any country at the proceedings and was welcomed as a demonstration of continued U.S. commitment to security in Europe. Approximately 300 parliamentarians from 52 OSCE participating states took part in this year's meeting of the OSCE Parliamentary Assembly. My objectives in St. Petersburg were to advance American interests in a region of vital security and economic importance to the United States; to elevate the issues of crime and corruption among the 54 OSCE countries; to develop new linkages for my home state of Colorado; and to identify concrete ways to help American businesses. CRIME AND CORRUPTION The three General Committees focused on a central theme: "Common Security and Democracy in the Twenty-First Century." I served on the Economic Affairs, Science, Technology and the Environment Committee which took up the issue of corruption and its impact on business and the rule of law. I sponsored two amendments that highlighted the importance of combating corruption and organized crime, offering concrete proposals for the establishment of high-level inter-agency mechanisms to fight corruption in each of the OSCE participating states. My amendments also called for the convening of a ministerial meeting to promote cooperation among these states to combat corruption and organized crime. My anti-corruption amendment was based on the premise that corruption has a negative impact on foreign investment, on human rights, on democracy building and on the rule of law. Any investor nation should have the right to expect anti-corruption practices in those countries in which they seek to invest. Significant progress has been made with the ratification of the new OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Under the OECD Convention, companies from the leading exporting nations will have to comply with certain ethical standards in their business dealings with foreign public officials. And, last July, the OSCE and the OECD held a joint conference to assess ways to combat corruption and organized crime within the OSCE region. I believe we must build on this initiative, and offered my amendment to urge the convening of a ministerial meeting with the goal of making specific recommendations to the member states about steps which can be taken to eliminate this primary threat to economic stability and security and major obstacle to U.S. businesses seeking to invest and operate abroad. My anti-crime amendment was intended to address the negative impact that crime has on our countries and our citizens. Violent crime, international crime, organized crime and drug trafficking all undermine the rule of law, a healthy business climate and democracy building. This amendment was based on my personal experiences as one of the only members of the United States Senate with a law enforcement background and on congressional testimony that we are witnessing an increase in the incidence of international crime, and we are seeing a type of crime which our countries have not dealt with before. During the opening Plenary Session on July 6, we heard from the Governor of St. Petersburg, Vladimir Yakolev, about how the use of drugs is on the rise in Russia and how more needs to be done to help our youth. On July 7, I had the opportunity to visit the Russian Police Training Academy at St. Petersburg University and met with General Victor Salnikov, the Chief of the University. I was impressed with the General's accomplishments and how many senior Russian officials are graduates of the university, including the Prime Minister, governors, and members of the Duma. General Salnikov and I discussed the OSCE's work on crime and drugs, and he urged us to act. The General stressed that this affects all of civilized society and all countries must do everything they can to reduce drug trafficking and crime. After committee consideration and adoption of my amendments, I was approached by Senator Jerry Grafstein from Canada who indicated how important it was to elevate the issues of crime and corruption in the OSCE framework. I look forward to working with Senator Grafstein and other parliamentarians on these important issues at future multilateral meetings. CULTURAL LINKAGES WITH COLORADO St. Petersburg is rich in culture and educational resources. This grand city is home to 1,270 public, private and educational libraries; 181 museums of art, nature, history and culture; 106 theaters; 52 palaces; and 417 cultural organizations. Our delegation visit provided an excellent opportunity to explore linkages between some of these resources with the many museums and performing arts centers in Colorado. On Thursday, July 8, I met with Tatyana Kuzmina, the Executive Director for the St. Petersburg Association for International Cooperation, and Natalia Koltomova, Senior Development Officer for the State Museum of the History of St. Petersburg. We learned that museums and the orchestras have exchanges in New York, Michigan and California. Ms. Kuzmina was enthusiastic about exploring cultural exchanges with Denver and other communities in Colorado. I look toward to following up with her, the U.S. Consulate in St. Petersburg, and leaders in the Colorado fine arts community to help make such cultural exchanges a reality. As proof that the world is getting smaller all the time, I was pleasantly surprised to encounter a group of 20 Coloradans on tour. In fact, there were so many from Grand Junction alone, we could have held a Town Meeting right there in St. Petersburg! In our conversations, it was clear we shared the same impressions of the significant potential that that city has to offer in future linkages with Colorado. I ask unanimous consent that a list of the Coloradans whom I met be printed in the Record following my remarks. HELPING AMERICAN BUSINESSES In the last Congress, I introduced the International Anti-Corruption Act of 1997 (S. 1200) which would tie U.S. foreign aid to how conducive foreign countries are to American businesses and investment. As I prepare to reintroduce this bill in the 106th Congress and to work on combating crime and corruption within the OSCE framework, I participated in a meeting of U.S. business representatives on Friday, July 9, convened by the Russian-American Chamber of Commerce, headquartered in Denver. We were joined by my colleagues, Senator Kay Baily Hutchison, Senator George Voinovich and my fellow Coloradan, Congressman Tom Tancredo. We heard first-hand about the challenges of doing business in Russia from representatives of U.S. companies, including Lockheed Martin Astronautics, PepsiCo, the Gillette Company, Coudert Brothers, and Colliers HIB St. Petersburg. Some issues, such as export licensing, counterfeiting and corruption are being addressed in the Senate. But, many issues these companies face are integral to the Russian business culture, such as taxation, the devaluation of the ruble, and lack of infrastructure. My colleagues and I will be following up on ways to assist U.S. businesses and investment abroad. In addition, on Wednesday, July 7, I participated in a meeting at the St. Petersburg Investment Center. The main focus of the meeting was the presentation of a replica of Fort Ross in California, the first Russian outpost in the United States, to the Acting U.S. Consul General on behalf of the Governor of California. We heard from Anatoly Razdoglin and Valentin Makarov of the St. Petersburg Administration; Slava Bychkov, American Chamber of Commerce in Russia, St. Petersburg Chapter; Valentin Mishanov, Russian State Marine Archive; and Vitaly Dozenko, Marine Academy. The discussion ranged from U.S. investment in St. Petersburg and the many redevelopment projects which are planned or underway in the city. CRIME AND DRUGS As I mentioned, on Wednesday, July 7, I toured the Russia Police Training Academy at St. Petersburg University and met with General Victor Salnikov, the Chief of the University. This facility is the largest organization in Russia which prepares law enforcement officers and is the largest law institute in the country. The University has 35,000 students and 5,000 instructors. Among the law enforcement candidates, approximately 30 percent are women. The Police Training Academy has close contacts with a number of countries, including the U.S., France, Germany, the United Kingdom, Finland, Israel and others. Areas of cooperation include police training, counterfeiting, computer crimes, and programs to combat drug trafficking. I was informed that the Academy did not have a formal working relationship with the National Institute of Justice, the research and development arm of the U.S. Department of Justice which operates an extensive international information-sharing program. I intend to call for this bilateral linkage to facilitate collaboration and the exchange of information, research, and publications, which will benefit law enforcement in both countries that fight crime and drugs. U.S.-RUSSIA RELATIONS In addition to the discussions in the plenary sessions of the OSCE Parliamentary Assembly, we had the opportunity to raise issues of importance in a special bilateral meeting between the U.S. and Russia delegations on Thursday morning, July 8. Members of our delegation raised issues including anti-Semitism in the Duma, developments in Kosovo, the case of environmental activist Aleksandr Nikitin, the assassination of Russian Parliamentarian Galina Starovoitova, and the trafficking of women and children. As the author of the Senate Resolution condemning anti-Semitism in the Duma (S. Con. Res. 19), I took the opportunity of this bilateral session to let the Russian delegation, including the Speaker of the State Duma, know how seriously we in the United States feel about the importance of having a governmental policy against anti-Semitism. We also stressed that anti-Semitic remarks by their Duma members are intolerable. I look forward to working with Senator HELMS to move S. Con. Res. 19 through the Foreign Relations Committee to underscore the strong message we delivered to the Russians in St. Petersburg. We had the opportunity to discuss the prevalence of anti-Semitism and the difficulties which minority religious organizations face in Russia at a gathering of approximately 100 non-governmental organizations (NGOs), religious leaders and business representatives, hosted by the U.S. Delegation on Friday, July 9. We heard about the restrictions placed on religious freedoms and how helpful many American non-profit organizations are in supporting the NGO's efforts. I am pleased to report that the U.S. Delegation had a significant and positive impact in advancing U.S. interests during the Eighth OSCE Parliamentary Assembly Session in St. Petersburg. To provide my colleagues with additional information, I ask unanimous consent that my formal report to Majority Leader Lott be printed in the Record following my remarks. Exhibit No. 1 Coloradans in St. Petersburg, Russia Iva Allen, Grand Junction. Kay Coulson, Grand Junction. Inez Dodson, Grand Junction. Isabel Downing, Grand Junction. Terry Eakle, Greeley. Betty Elliott, Grand Junction. Dorothy Evans, Grand Junction. Kay Hamilton, Grand Junction. Helen Kauffman, Grand Junction. Nancy Koos, Denver. Dick and Jay McElroy, Grand Junction. Lyla Michaels, Glenwood Springs. Carol Mitchell, Grand Junction. Neal and Sonya Morris, Grand Junction. Pat Oates, Grand Junction. Kawna Safford, Grand Junction. Phyllis Safford , Grand Junction. Dorothy Smith, Grand Junction. Irene Stark, Montrose. Exhibit No. 2 COMMISSION ON SECURITY AND COOPERATION IN EUROPE Washington, DC July 14, 1999 Hon. TRENT LOTT Majority Leader United States Senate Washington, DC Dear Senator Lott: I am pleased to report to you on the work of the bipartisan congressional delegation which I co-chaired that participated in the Eighth Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE), hosted by the Russian Parliament, the Federation Council and the State Duma, in St. Petersburg, July 6-10, 1999. Other participants from the United States Senate were Senator Hutchison of Texas and Senator Voinovich. We were joined by 14 Members of the House: Rep. Smith, Rep. Hoyer, Rep. Sabo, Rep. Kaptur, Rep. Cardin, Rep. Sawyer, Rep. Slaughter, Rep. Stearns, Rep. Tanner, Rep. Danner, Rep. Hastings of Florida, Rep. Salmon, Rep. Cooksey, and Rep. Tancredo. The combined U.S. delegation of 17, the largest representation by any country in St. Petersburg was welcomed by others as a demonstration of the continued commitment of the United States, and the U.S. Congress, to Europe. This year's Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States. Seven countries, including the Russian Federation, were represented at the level of Speaker of Parliament or President of the Senate. The Assembly continued to recognize the democratically elected parliament of Belarus which President Lukashenka dissolved following his illegal power grab in 1996. The inaugural ceremony included a welcoming address by the Speaker of the State Duma, Gennady Seleznev, and the Governor of St. Petersburg, Vladimir Yakovlev. The President of the Assembly, Ms. Helle Degn of Denmark, presided. The theme for the St. Petersburg Assembly was “Common Security and Democracy in the Twenty-First Century.” Foreign Minister Knut Vollenback of Norway addressed the Assembly in his capacity of OSCE Chairman-in-Office to report on the organization's activities, particularly those relating to post-conflict rehabilitation and reconstruction in Kosovo. Vollenbaek urged the Parliamentary Assembly and its members to play an active role in promoting human rights, democracy, and the rule of law in Kosovo. Considerable attention was given to the Stability Pact for Southeastern Europe throughout the discussions on Kosovo. Members of the U.S. delegation actively participated in a special plenary session on Kosovo and contributed to a draft resolution concerning the situation in Kosovo. The delegation was successful in securing adoption of several amendments; underscoring the legal obligation of State to cooperate with the International Tribunal for the Former Yugoslavia; granting access to all prisoners by the International Committee on the Red Cross; extending humanitarian assistance to other parts of the Federal Republic of Yugoslavia; and supporting democracy in Serbia and Montenegro. Senator Voinovich introduced a separate resolution stressing the urgent need to support infrastructure projects which would benefit neighboring countries in the Balkans region. This resolution was widely supported and adopted unanimously. Work in the Assembly's three General Committee: Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions, focused on the central theme: “Common Security and Democracy in the Twenty-First Century.” During discussion in the General Committee on Political Affairs and Security, the U.S. pressed for greater transparency with respect to OSCE activities in Vienna, urging that meetings of the Permanent Council be open to the public and media. Considerable discussion focused on the Assembly's long-standing recommendation to modify the consensus rule that governs all decisions taken by the OSCE. During the closing session Rep. Hastings was unanimously elected committee Vice Chairman. Members offered several amendments to the draft resolution considered by the General Committee on Economic Affairs, Science, Technology and Environment. Two amendments that I sponsored focused on the importance of combating corruption and organized crime, offering concrete proposals for the establishment of high-level inter-agency corruption-fighting mechanisms in each of the OSCE participating States as well as the convening of a ministerial meeting to promote cooperation among these States to combat corruption and organized crime. Other amendments offered by the delegation, and adopted, highlighted the importance of reform of the agricultural sector, bolstering food security in the context of sustainable development, and regulation of capital and labor markets by multilateral organizations. The Rapporteur's report for the General Committee on Democracy, Human Rights and Humanitarian Questions focused on the improvement of the human rights situation in the newly independent states. Amendments proposed by the U.S. delegation, and adopted by the Assembly, stressed the need for participating States to fully implement their commitments to prevent discrimination on the grounds of religion or belief and condemned statements by parliamentarians of OSCE participating States promoting or supporting racial or ethnic hatred, anti-Semitism and xenophobia. Other U.S. amendments that were adopted advocated the establishment of permanent Central Election Commissions in emerging democracies and emphasized the need for the Governments of the OSCE participating States to act to ensure that refugees and displaced persons have the right to return to their homes and to regain their property or receive compensation. Two major U.S. initiatives in St. Petersburg were Chairman Smith's resolution on the trafficking of women and children for the sex trade and Rep. Slaughter's memorial resolution on the assassination of Galina Starovoitova, a Russian parliamentarian and an outspoken advocate of democracy, human rights and the rule of law in Russia who was murdered late last year. The trafficking resolution appeals to participating States to create legal and enforcement mechanisms to punish traffickers while protecting the rights of the trafficking victims. The resolution on the assassination called on the Russian Government to use every appropriate avenue to bring Galina Starovoitova's murders to justice. Both items received overwhelming support and were included in the St. Petersburg Declaration adopted during the closing plenary. An ambitious series of bilateral meetings were held between Members of the U.S. delegation and representatives from the Russian Federation, Ukraine, Turkey, France, Romania, Kazakhstan, Uzbekistan, Armenian, Canada, and the United Kingdom. While in St. Petersburg, the delegation met with Aleksandr Nikitin, a former Soviet navy captain being prosecuted for his investigative work exposing nuclear storage problems and resulting radioactive contamination in the area around Murmansk. In addition, the delegation hosted a reception for representatives of non-governmental organizations and U.S. businesses active in the Russian Federation. Elections for officers of the Assembly were held during the final plenary. As. Helle Degn of Denmark was re-elected President. Mr. Bill Graham of Canada was elected Treasurer. Four of the Assembly's nine Vice-Presidents were elected: Mr. Claude Estier (France), Mr. Bruce George (U.K.), Mr. Ihor Ostach (Ukraine), and Mr. Tiit Kabin (Estonia). Rep Hoyer's current term as Vice-President runs through 2001. Enclosed is a copy of the St. Petersburg Declaration adopted by participants at the Assembly's closing session. Finally, the Standing Committee agreed that the Ninth Annual Session of the OSCE Parliamentary Assembly will be held next July in Bucharest, Romania. Sincerely, Ben Nighthorse Campbell, U.S.S., Co-Chairman
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statement
Administration Certification of Russia Regarding Religious Freedom
Thursday, May 06, 1999Mr. Speaker, through Public Law 105-292, the International Religious Freedom Act, Congress is on record as standing for religious liberty throughout the world. Furthermore, Public Law 105-177, the foreign appropriations legislation passed in the 105th Congress, mandates that no foreign aid money be appropriated to the Government of the Russian Federation if the President determines that the Russian government has implemented legislation or regulations that discriminate, or cause discrimination, against religious groups or religious communities in Russia in violation of accepted international agreements on human rights and religious freedoms to which the Russian Federation is a party. This provision was in response to the 1997 Russian Law on Freedom of Conscience and Religious Associations, which many feared would lead to limitations on religious worship and a retreat from the standards of religious freedom that had been achieved in Russia following the dissolution of the Soviet Union. This year, for the second year in a row, the President has made the determination that the Government of the Russian Federation has not implemented legislation or regulations that cause such discrimination against religious groups. The Presidential Determination states “During the period under review, the Government of the Russian Federation has applied the 1997 Law on Religion in a manner that is not in conflict with its international obligations on religious freedom. However, this issue requires continued and close monitoring as the Law on Religion furnishes regional officials with an instrument that has been interpreted and used by officials at the local level to restrict the activities of religious minorities.” Furthermore, the Presidential Determination states, “To the extent that restrictions on the rights of religious minorities have occurred, they have been the consequence of actions taken by regional or local officials and do not appear to be a manifestation of federal government policy. Such incidents, while they must be taken seriously, represent a relatively small number of problems when viewed against the size of the country and the number of religious organizations.” Mr. Speaker, I believe that the above statements are a reasonably accurate representation of the religious liberty situation in Russia and that the Presidential Determination is probably a fair one, given the lack of firm legal structure and the geopolitical situation in the present-day Russian Federation. Moreover, some of the most egregious instances of restrictions against religious groups in Russia have been corrected through court action. And to be fair, Russia is hardly the worst offender in the former Soviet Union. In Turkmenistan, for instance, religious groups are required to have five-hundred members before they can be legally registered with the government to operate openly. It is a ridiculously high number and has resulted in harassment of unregistered religious groups. Of course, unlike Russia, the Government of Turkmenistan doesn't claim to be much of a democracy or go out of its way to adhere to international standards of human rights. In Uzbekistan, the 1998 law imposes severe criminal penalties for meeting without registering and for engaging in free religious expression with the intent to persuade the listener to another point of view, in violation of OSCE religious liberty commitments. Since February 1999, several pastors in Uzbekistan have been detained and jailed on charges of drug possession eerily reminiscent of charges brought in years past against Soviet religious dissidents. These comparisons, however, do not change the fact that there are still several problems in the area of religious liberty in Russia that should be noted and corrected, especially if a considerable sum of U.S. taxpayer money still continues to go to Russia. In the East-West Church & Ministry Report of Winter 1999, Mark Elliot and Sharyl Corrado of the Institute for East-West Christian Studies write: Implementation of the 1997 law to date has been uneven. At least in the short run, a number of factors appear to have worked against consistently harsh application . ..... Still life since the passage of the law has not been easy for many who wish to worship outside the folds of the Moscow (Russian Orthodox) Patriarchate. The first 15 months of the new law included at least 69 specific instances of state harassment, restriction or threat of restriction against non-Moscow Patriarchate religious communities in the Russian Republic. For instance, I wonder if it was a coincidence that a few days after the Presidential Determination, the Russian Federation Ministry of Justice rejected the application of the Society of Jesuits for official registration. For that matter, most of the property seized by the Communists from the Roman Catholic Church in Russia has not been restored. In the city of Moscow, which is considered a liberal jurisdiction, the Jehovah's Witnesses have been subjected to a protracted trial that threatens to return them to “underground” status. In Stavropol, the local Moslem community has not only been refused the return of a mosque that had been seized by the Communists, but also been prevented from holding worship services in other quarters. A provincial official justified this policy by saying that Moslems only make up 10 percent of the population in the city. These are only a few of the most prominent cases of concern. In rural areas, local officials attempt to hinder worship activities by a number of subterfuges, ranging from the refusal to rent city property to religious groups without their own premises to outright threats and eviction of missionaries. Therefore, while I believe the Presidential Determination is, by and large, acceptable at this time, I would emphasize the reference to ``continued and close monitoring'' of the situation. In my opinion, the Administration has done a good job of monitoring the Russian religious liberty situation, and I trust these efforts will continue. As Chairman of the Commission on Security and Cooperation in Europe, I urge the Russian government to take every appropriate step to see that religious freedom is a reality for all in Russia, and I know the Congress will continue to follow this issue closely.
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publication
Report on Human Rights: the Role of Field Missions
Tuesday, April 20, 1999In late April, the Warsaw-based Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Cooperation in Europe (OSCE) held a four-day seminar on "Human Rights: The Role of Field Missions." The topic for the ODIHR's annual seminar was chosen in light of the growing numner and size of OSCE missions, each of which must address human rights issues in the context of different mandates. Indeed, some missions appear to have mandates which might encourage their members to want to ignore human rights problems, but the situation in the countries where these missions are deployed can have human rights abuses so severe that monitoring and reporting become a central activity. Even where human rights are highlighted in mandetes, the work of field mission can be hampered by a lack of expertise and training, coordiantion problems and inadequate support by OSCE instituition and participating States. At the time of the seminar, the OSCE had deployed 11 long-term missions, 8 other field activities similar to missions, and 3 representative offices to assist implementation of bilateral agreements. These field operations are located mostly in the Balkans, the Baltics, the Caucuses, Central Asia and thew westernmost states emerging from the former Soviet Union, and they range in size from four to 2000 mandated mission members. The largest and most well-known missions are those in Bosnia-Herzegovina, Croatia and, eclipsing the other two, Kosovo. Indeed, it was the preparetion for the Kosovo Verification Mission (KVM) which sparked quent, ongoing NATO action against Yugoslav and Serbian forces were the dominant issues in European affairs at the time the seminar was held.
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statement
The Serbia and Montenegro Democracy Act of 1999
Wednesday, March 10, 1999Mr. Speaker, today I am introducing the Serbia and Montenegro Democracy Act of 1999, a bill which will target much needed assistance to democratic groups in Serbia and Montenegro. I am joined by Representatives Ben Gilman, Steny Hoyer, John Porter, Dan Burton, Eliot Engel, Dana Rohrabacher, Louise Slaughter and Jim Moran, all strong promoters of human rights worldwide and the original cosponsors of this Act. It is fitting that this important piece of legislation be introduced today, as a high-level envoy for the United States is in Belgrade to seek the blessing of Yugoslav President Slobodan Milosevic for a political settlement which hopefully will restore peace to the troubled region of Kosovo. We are dealing directly with the man most responsible for the conflict in Kosovo, not to mention Bosnia and Croatia. Milosevic has maintained his power from within Serbia throughout the 1990s at the cost of 300,000 lives and the displacement of 3 million people. He has relied on virulent Serbian nationalism to instigate conflict which will divide the people of the region for decades. The most fundamental flaw in U.S. policy toward the region is that it relies on getting Milosevic's agreement, when Milosevic simply should be forced to stop his assaults on innocent civilians. It relies on Milosevic's dictatorial powers to implement an agreement, undermining support for democratic alternatives. In short, U.S. policy perpetuates Milosevic's rule and ensures that more trouble will come to the Balkans. There can be no long-term stability in the Balkans without a democratic Serbia. Moreover, we need to be clear that the people of Serbia deserve the same rights and freedoms which other people in Europe enjoy today. They also deserve greater prosperity. Milosevic and his criminal thugs deny the same Serbian people they claim to defend these very rights, freedoms and economic opportunities. Independent media is repeatedly harassed, fined and sometimes just closed down. University professors are forced to take a ridiculous loyalty oath or are replaced by know-nothing party hacks. The regime goes after the political leadership of Montenegro, which is federated with Serbia in a new Yugoslav state but is undergoing democratic change itself. The regime goes after the successful Serb-American pharmaceutical executive Milan Panic, seizing his company's assets in Serbia to intimidate a potentially serious political rival and get its hands on the hard currency it desperately needs to sustain itself. The regime also goes after young students, like Boris Karajcic, who was beaten on the streets of Belgrade for his public advocacy of academic freedom and social tolerance. Building a democracy in Serbia will be difficult, and it is largely in the hands of those democratic forces within Serbia to do the job. However, given how the regime has stacked the situation against them, through endless propaganda, harassment and violence, they need help. This Act intends to do just that. It would allocate $41 million in various sectors of Serbian society where democratic forces can be strengthened, and to encourage further strengthening of these forces in neighboring Montenegro. It would ensure that this funding will, in fact, go to these areas, in contrast to the Administration's budget request which indicates that much of this funding could be siphoned off to implement a peace agreement in Kosovo. Another $350,000 would go to the Organization for Security and Cooperation in Europe and its Parliamentary Assembly, which could provide assistance on a multilateral basis and demonstrate that Serbia can rejoin Europe, through the OSCE, once it moves in a democratic direction and ends its instigation of conflict. This Act also states what policy toward Serbia and Montenegro must be: to promote the development of democracy and to support those who are committed to the building of democratic institutions, defending human rights, promoting rule of law and fostering tolerance in society. This funding, authorized by the Support for East European Democracy Act of 1989, represents a tremendous increase for building democratic institutions in Serbia and Montenegro. This fiscal year, an anticipated $25 million will be spent, but most of that is going to Kosovo. The President's budget request for the next fiscal year is a welcome $55 million, but, with international attention focused on Kosovo, too much of that will likely go toward implementing a peace agreement. Make no mistake, I support strongly assistance for Kosovo. I simply view it as a mistake to get that assistance by diverting it from Serbia and Montenegro. We have spent billions of dollars in Bosnia and will likely spend at least hundreds of millions more in Kosovo, cleaning up the messes Milosevic has made. The least we can do is invest in democracy in Serbia, which can stop Milosevic from making more problems in the future. Building democracy in Serbia will be difficult, given all of the harm Milosevic has done to Serbian society. The opposition has traditionally been weak and divided, and sometimes compromised by Milosevic's political maneuvering. There are signs, however, the new Alliance for Change could make a difference, and there certainly is substantial social unrest in Serbia from which opposition can gain support. In addition, there are very good people working in human rights organizations, and very capable independent journalists and editors. The independent labor movement has serious potential to gain support, and the student and academic communities are organized to defend the integrity of the universities. Simply demonstrating our real support for the democratic movement in Serbia could convince more people to become involved. Finally, Montenegro's democratic changes in the last year place that republic in a difficult position. A federation in which one republic is becoming more free and open while the other, much larger republic remains repressive and controls federal institutions cannot last for long, yet Montenegrins know they could be the next victims of Milosevic. It would be a mistake to leave those building a democracy in Montenegro out on that limb. They need our support as well. In conclusion, Mr. Speaker, I am today introducing the Serbia and Democracy Act of 1999 because I feel our country's policy in the Balkans has all too long been based on false assumptions about the region. Granted, social tensions, primarily based on ethnic issues, were bound to have plagued the former Yugoslavia, but it is an absolute fact that violence could have been avoided if Slobodan Milosevic did not play on those tensions to enhance his power. As we prepare to debate the sending of American forces to Kosovo to keep a peace which does not yet exist, we must address the root cause of the conflict in the former Yugoslavia from 1991 to today. This Act, Mr. Speaker, does just that, and I urge my colleagues to support its swift and overwhelming passage by the House. The Senate is working on similar legislation, and hopefully the Congress can help put U.S. policy back on the right track.
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briefing
Bosnia, Croatia, Macedonia and Serbia: Electoral and Political Outlook for 1999
Friday, February 05, 1999Robert Hand, policy advisor at the Commission, led a discussion regarding Bosnia and its different regions. He spoke of the situation in Bosnia in 1998 and the power of ethnically-based political parties, retained through nationalism, corruption, and control of the media. Reconstruction in Bosnia is poor due to poor economic conditions and the continued displacement of certain populations. The witnesses - Luke Zahner, Candace Lekic, Jessica White, Roland de Rosier, Kathryn Bomberger, Brian Marshall – have served in regions all over Bosnia and gave valuable input on the differences between regions and their rehabilitations processes after the Dayton Accords. They also spoke of the influence of Republika Srpska and the Bosnian Federation on said regions. Paying attention to these differences, the state, is important in that the United States wants to support only those that successfully implement the Dayton Accords.
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publication
Legal Status of Religious Groups in the US (1999)
Monday, February 01, 1999The United States does not require religious groups to register with the government in order to organize, meet, collect funds, or claim federal tax-exempt status. Such a registration requirement would violate a core freedom guaranteed by the United States Constitution. This overview identifies the underpinnings of this freedom, including a discussion of the United States Constitution's religion and speech clauses. Following this discussion, the issues of association, legal status and tax exemption are addressed. Foundational to civil liberties inthe United States is the principle that government was created by and exists at the will of the people. Governmental power is a limited power conferred to the government by the people. In the United States, the fundamental rights of the individual are paramount and they may only be abrogated by the government under very limited and defined circumstances. Freedom of religion is a fundamental, natural, and absolute right, deeply rooted in the American constitutional system. Available to all, citizen and non-citizen, the free exercise of religion includes the tight to believe and profess whatever religious belief one desires. Government officials may not compel any person to affirm a religious belief or punish the expression of religious doctrine deemed by officials to be false. The individual's freedom of conscience embraces the right to select any religious faith or none at all. This fundamental right was established by the First Amendment to the United States Constitution, the first of the original Bill of Rights. Specifically, the First Amendment to the Constitution of the United States forbids the government to make any law respecting an establishment of religion or prohibiting the free exercise of religion. While originally an inhibition to action by the United States Congress only, the First Amendment has been made applicable to the individual state governments, as well, through the passage of the Fourteenth Amendment to the Constitution.The First Amendment guarantees that the government may not coerce anyone to support or participate in religion, or otherwise act in a way which establishes a state religion. This constitutional constraint on the government's ability to enact legislation regarding religion has two primary aspects. First, the government is prevented fromenacting a law that requires citizens to accept a particular religious belief. Second, this constitutional provision safeguards the free exercise of each person.'s chosen for of religion. These two interrelated concepts are known, respectively, as the "establishment" and "free exercise" clauses. A Russian translation of the text is available here.
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hearing
WHITHER HUMAN RIGHTS IN RUSSIA?
Friday, January 15, 1999This hearing focused on the human rights situation in Russia. Russia is no longer an authoritarian dictatorship and civil liberties have improved. However, the decline in Russia’s recent economic fortunes has been accompanied by disturbing developments in the area of human rights and civil liberties. A religion law developed in 1977 has led to legal difficulties and complications for some religious organizations in their dealings with local authorities, most notably the declaration of Jehovah Witness as a “destructive sect.” Also recent cases of a crackdown on activist has led to Russia’s first political prisoner since the defunct Soviet Union with the arrest of the environmental whistleblower, Alexandr Nikitin.
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hearing
The Milosevic Regime Versus Serbian Democracy and Balkan Stability
Thursday, December 10, 1998This hearing, presided over by the Hon. Chris Smith, then Co-Chairman of the U.S. Helsinki Commission, was held on the fiftieth anniversary of Human Rights Day, when the Universal Declaration of Human Rights was adopted in Paris by 56 members of the United Nations. Regarding the atrocities of Slobodan Milosevic and his regime, then, this hearing’s date was perfectly apropos. The storied crimes by the Milosevic Regime are world renowned. The hearing was held in the wake of actions by the regime taken against Serbia’s independent media. Earlier on, Milosevic refused to acknowledge the results of municipal elections in Serbia, and, of course, the violent conflicts that the regime was culpable for.
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briefing
The Ombudsman in the OSCE: An American Perspective
Wednesday, December 02, 1998This briefing assessed the role of ombudsmen institutions in the countries of the Organization for Security and Cooperation in Europe from an American perspective. The ombudsman institution was described as a flexible institution; adaptable to national and local government structures in a wide variety of countries, and a brief evaluation of the evolution of this institution was presented. Dean M. Gottehrer, a consultant on ombudsmen in human rights institutions for the United Nations Development Program, Office for Democratic Institutions and Human Rights of the OSCE, and the United States Information Agency, presented a personal analysis of the role of ombudsmen institutions in protecting human rights in OSCE participating states.
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briefing
The Status of Human Rights in Russia
Thursday, October 08, 1998This briefing addressed the recent changes in the Russian government and what they might portend for human Rights in Russia. Specifically, economic troubles that led to the emergence of extremist politics and subsequent human rights abuses were the main topic of discussion. Witnesses testifying at the briefing – including Rachel Denber, Deputy Director of the Europe and Central Asia Division of Human Rights Watch; Mark Levin, Executive Director of the National Conference on Soviet Jewry; and Lauren Homer, President of Law and Liberty Trust – evaluated the status of human rights abuse in Russia resulting from a mix of repression, corruption, inertia, and neglect. Freedom of speech, freedom of information, and freedom of religion were especially emphasized as aspects of human rights that Russia needs to improve in the future
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publication
Report on Elections in Bosnia-Herzegovina
Tuesday, September 01, 1998On September 12 and 13, 1998, elections were held in Bosnia-Herzegovina for offices ranging from the collective state presidency to several local counsils. These elections were the latest in what have been an angoign series of elections since the Dayton Agreement ended the Bosnian conflict in December 1995. Like those in 1996 and 1997, these elections were also administered by the Organization for Security and Cooperation in Europe (OSCE) through a Provisional Election Council (PEC). Continuous elections, if held in as free and fair a manner as possible, have been viewed by the international community as a means to bring stability and recovery to a country divided by extreme nationalist political leaders, particularly among the Serb population, many of whom remain in positions of power or influence. There were few of disruptions during the two days of voting. Unfortunately, in what were otherwise well administered elections, there were major, albeit unintentional, flaws in the OSCE-prepared voter registration lists, preventing or making it difficult for many citizens to vote and encouraging local suspicions of international manipulation. Nevertheless, international observers deployed by the OSCE concluded that the will of the people was generally reflected in the results. These results did not bring any major change in Bosnia's political leadership, which remains largely in the handes of political parties representing the three major ethnic groups - the Bosniacs, Serbs, and Croats. They did, however, continue the trend of previous elections in bringing greater diversity to Bosnian politics. Among the Bosniac population in the Bosnian Federation, the opposition which promoted a multi-ethnic Bosnian society did make some gains, while among Bosnian Croats there was an advance in the simple fact that some serious alternatives existed. In Republika Srpska, however, nationalist sentiment showed a resiliency which the international community found disappointing given the major effort over the past year to promote political moderation. This was especially reflected in the defeat of the incumbent President of Republika Srpska, Biljana Plavsic. Overall, the 1998 elections may represent one small but definite step toward eventual political reunification of Bosnia's two entities and social reintegration after the devastating conflict. On the other hand, such incremental change may be insufficient to counter the solidification of the country's division. It is uncertain whether time is working for, or against, Bosnia's future as state. The elections have made certain, however, that structural change in the electoral and even the political process - promoting a social consensus across ethnic lines - is now needed. Within the next year, the international community must work to see if the Bosnian people themselves are prepared for such a step.
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briefing
Deteriorating Religious Liberty in Europe
Thursday, July 30, 1998Senior Advisor to the Commission, E. Wayne Merry, chaired this briefing which was part of a series by the Commission on the subject of religious liberties within the OSCE region. This series was prompted by a perceived developing problem of restrictions on religious liberties in several participating states to the OSCE. At the time, the Commission was devoting most of its attention to the countries that that traditionally had a much more tolerant view toward religious minorities, such as those in Western and Central Europe. Participants in this briefing included Francesca Binda, Karen Gainer, and Paul Rowland, all with the National Democratic Institute (NDI) and International Republican Institute (IRI) personnel Eric Jowett and Kent Patton.
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briefing
Deterioration of Religious Liberty in Europe
Wednesday, July 22, 1998This briefing addressed the persisting question of problems of religious liberty and the patterns of discrimination against religious minorities and other belief groups that had developed in a number of countries in the OSCE region in the aftermath of the Cold War. Efforts of improving religious liberty in former communist countries were discussed, as well as the need for spending time and attention on countries farther west, like France, Belgium, and Austria, in which concern for religious minorities was also expressed. Witnesses testifying at the briefing – including Willy Fautre, Director of Human Rights without Frontiers and James McCabe, Assistant General Counsel of Watchtower Bible and Tract Society – examined the multi-tiered system that European countries employ regarding religion, and the different statuses and treatment of citizens based on where their religion falls within this system. The issues faced by minority religious associations, like being targeted by fiscal services, were also topics of discussion.
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briefing
Pluralism and Tolerance in Croatia
Wednesday, May 13, 1998This briefing moderated by Commission Policy Advisor Robert Hand focused on the many developments in Croatia at the time, including the issue of human rights- an area that Croatia needed to improve upon. Likewise, in order to be fully embraced by the European community, as Hand said, the country needed to democratize. At that point in time, the country of Croatia stood at a crossroads. In January 1998, Croatia resumed control over eastern Slavonia, its last enclave occupied by Serb militants since the fall of 1991. Before resumption of Croatian control, the area was under U.N. administration the two years before. As sovereignty was reached on the entire state territory, priorities began to shift and the Croatian government came under strong internal and external pressure to allow acceleration of democratic development.
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briefing
Status of the Russian Religious Law
Thursday, February 12, 1998Congressman Chris Smith and other lawmakers criticized the Russian Federation law on freedom of conscience and religious organizations signed by Boris Yeltsin for the threats it posed to religious liberty for minority religious faith. The scope of the law, including the terms of its formal implementations regulations and its actual implementation on the ground were topics of discussions. Those who testified at the briefing provided their insights on this law, its status at the time, and their perspective of developments in Russia in light of the law. Dr. James Billington, a distinguished author and Russian scholar, spoke to the decline in the standard of living and social services that the Russian people had suffered in the post-Soviet era. Another witness, Dr. Anatoly Pchelintsev, Director of the Christian Legal Center of the Institute on Religion and Law in Moscow, attributed the existence of the law to the tide of nationalist and Communist movements that were on the rise in Russia.
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hearing
Bosnia
Thursday, February 05, 1998During this briefing, Robert Hand, policy advisor at the Commission, led a discussion regarding Bosnia and its different regions. He spoke of the situation in Bosnia in 1998 and the power of ethnically-based political parties, retained through nationalism, corruption, and control of the media. Reconstruction in Bosnia has slow and challenging due to poor economic conditions and the continued displacement of certain populations. The witnesses - Luke Zahner, Candace Lekic, Jessica White, Roland de Rosier, Kathryn Bomberger, Brian Marshall - have served in regions all over Bosnia and gave valuable input on the differences between regions and their rehabilitations processes after the Dayton Accords. They also spoke of the influence of Republica Srpska and the Bosnian Federation on said regions. Paying attention to these differences, they state, is important in that the United States wants to support only those that successfully implement the Dayton Accords.
Mr. Speaker, news reports from Bosnia and Kosovo earlier this month give reason to despair. First, in Bosnia-Herzegovina, about 30 people were injured and property was damaged during riots in the "Republika Srpska'' cities of Trebinje on May 5 and Banja Luka on May 7. Islamic leaders, Bosnian officials and representatives of the international community were attacked during ceremonies to lay the first stones of mosques being rebuilt where mosques destroyed by Serb militants in 1993 once stood.
We remember well, hundreds of mosques were destroyed during the war as part of the genocidal campaign of ethnic cleansing. The apparent purpose was to erase the cultural vestiges of the Bosniac population which was terrorized and forced to flee. It was not uncommon for the local ethnic Serbs subsequently to deny a mosque had ever existed, once the rubble had been cleared away. The famous Ferhadija mosque in Banja Luka built in 1583 was blown to bits on May 7, 1993. The ceremony exactly eight years later was the culmination of persistent efforts, including the Helsinki Commission which I co-chair, to get Republika Srpska leaders to permit the reconstruction of destroyed mosques, which they finally did this year.
The riots last week demonstrate the continued intolerance in the region. Moreover, while Bosnian Serb officials have officially condemned the incidents, there are indications that both the Trebinje and Banja Luka events were orchestrated and perhaps linked. In Trebinje, the police force seemed simply to be not adequate. In Banja Luka, though, some believe that the police forces may have been involved in plans to disrupt the ceremonies. Radovan Karadzic, the wartime Bosnian Serb leader who has been indicted for genocide but remains at large, is alleged to have been responsible. Meanwhile, in Kosovo on May 6, local Albanians threw stones breaking windows and the doors of the Serbian Orthodox Church of St. Dimitrije in the village of Susica. Damage was done inside, and some cash offering was stolen. This was only the most recent in a wave of attack since the end of the conflict in Kosovo in 1999 in which about one hundred Orthodox churches have been damaged or destroyed. Many of these incidents have been documented by Serbian Orthodox Bishop Artemije in testimony before the Helsinki Commission.
Mr. Speaker, there are signs that in Kosovo, too, these attacks are not spontaneous acts of intolerance. Unfortunately, it seems that an environment has been created in which such acts of violence are not discouraged, let alone thwarted. Mr. Speaker, attacks on places of worship are reprehensible, no matter what the faith, no matter what the ethnicity of the worshipers. These sites are sacred to believers, and important as cultural symbols even to many who are not. Orchestrated or spontaneous, these attacks must be stopped. The international presence, including peacekeeping forces, local law enforcement, political leaders, and religious figures across faiths must be part of the solution, not the problem.
I was particularly disappointed with the response of Yugoslav President Vojislav Kostunica, who, while criticizing those who engaged in violence, sought to place some of the blame on those working to rebuild the mosques in Republika Srpska. He was quoted as saying that some churches and mosques should not be rebuilt because they might provoke such incidents. Blaming the victim, sadly, has become a norm in the minds of too many who could and should, instead, be champions of justice. In conclusion, Mr. Speaker, let us remember that freedom of thought, religion and belief is a fundamental human right, and attacks on religious sites are attacks on that right, attacks that must be wholeheartedly condemned and hopefully prevented from happening again.