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statement
Supporting Democracy in Belarus
Thursday, October 07, 2004Mr. President, I welcome the unanimous passage of the Belarus Democracy Act, BDA, by the United States Senate last night following similar action by the House of Representatives earlier this week. As co-chairman of the Helsinki Commission, I am particularly pleased at timely adoption of this important legislation. I thank Chairman Lugar and Senator Biden for their assistance in facilitating consideration of this bill by the full Senate. Repression and stagnation have been the hallmarks of the regime of Aleksandr Lukashenka, the leader of Belarus who increasingly tightened the noose around those who express independent views. A series of fundamentally flawed elections have left Belarus without legitimate executive and parliamentary leadership. Against this backdrop, preparations are underway for parliamentary elections and a referendum later this month. The elections take place in an environment in which the regime has intensified its repression of the remaining independent media and vilification of the opposition and their supporters. Lukashenka is also seeking to manipulate the situation to extend his rule by eliminating constitutional term limits for president, possibly paving the way for him to become a ``president-for-life.'' As co-chairman of the Helsinki Commission, I have maintained a strong interest in Belarus and have tried to inform my Senate colleagues about the increasingly troubling developments in that strategically located country, whose 10 million people have suffered cruelty at the hands of czars, Nazis, Communists and now, Aleksandr Lukashenka. During my service on the Commission, I have met and come to know many of the courageous individuals, who often at personal risk have spoken out in support of democracy in the face of Europe's last dictatorship, including the spouses of opposition leaders and a journalist who disappeared in 1999 and 2000 because they dared speak to the truth. Belarus, under Lukashenka, has the worst human rights record in Europe. His regime has increasingly violated basic human rights and freedoms. The goal of the Belarus Democracy Act is to help put an end to repression and human rights violations in Belarus and to promote Belarus' entry into a democratic Euro-Atlantic community of nations following years of self-imposed isolation. The Belarus Democracy Act authorizes additional assistance for democracy-building activities such as support for NGOs, independent media, including radio broadcasting to Belarus, and international exchanges. It also encourages free and fair parliamentary elections, which have been notably absent in Belarus and which look to be highly problematic when they are held on October 17, judging by the pre-election environment and the regime's tight control over the electoral process. The BDA includes sense of the Congress language that would prohibit U.S. Government financing, except for humanitarian reasons and U.S. executive directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance for humanitarian needs. The bill also requires a report from the President concerning the sale of delivery of weapons or weapons-related technologies from Belarus to rogue states and on the personal wealth and assets of Lukashenka. Nearly 2 years after the introduction of the Belarus Democracy Act the situation in that country has spiraled downward. Adoption and implementation of the Belarus Democracy Act will offer hope that the current period of political, economic and social stagnation will indeed end. It shows our concrete support for the courageous individuals, non-governmental organizations, independent media and independent trade unions struggling mightily against the machine of repression. And it shows our support for the people of Belarus, who deserve a chance for a brighter future.
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statement
Belarus Democracy Act of 2004
Monday, October 04, 2004Mr. Speaker, I rise to urge passage of H.R. 854, the Belarus Democracy Act. With important parliamentary elections in Belarus scheduled for October 17, it is essential that we pass the Belarus Democracy Act. This Congress must demonstrate its strong support for pro-democracy forces in Belarus and advance U.S. interests in the region. Now is the time to send a strong signal. Since his election in 1995, Belarusian dictator Alexander Lukashenka has steadily undermined democratic institutions through a series of unfair elections and a seriously flawed constitutional referendum. The U.S. State Department, Helsinki Commission which I Chair, as well as the OSCE, the OSCE Parliamentary Assembly, the United Nations, the Council of Europe, the European Union and other international entities have all chronicled the appalling state of human rights and democracy there. Located in the heart of Europe, Belarus is juxtaposed to our NATO allies and will soon border the European Union. The Lukashenka regime has repeatedly violated basic freedoms of speech, expression, assembly, association and religion. Since I introduced the Belarus Democracy Act last year, the situation in Belarus has only become more difficult. Just within the last few months, the independent media, non-governmental organizations (NGOs), independent trade unions, religious groups, and democratic opposition leaders have faced increased harassment, arrest, detentions, and even violence. Opposition leaders have been imprisoned and beaten. NGOs have been closed down with increasing frequency. Independent media outlets continue to feel the wrath of the powers-that-be, including closures, defamation lawsuits, exorbitant fines, confiscations of newspapers or the suspension of their distribution, censorship and the deportation of an independent journalist from Ukraine who had lived in Belarus since 1990. Independent trade unions are subject to a pattern of obstruction, harassment and intimidation by the authorities. In short, the situation in Belarus continues its downward spiral with daily reports of growing repression and human rights violations. Here in Washington and at various OSCE Parliamentary Assembly meetings, I've had occasion to meet with the wives of the disappeared. The cases of their husbands, Yuri Zakharenka, Victor Gonchar, Anatoly Krasovsky, and journalist Dmitri Zavadsky who disappeared in 1999 and 2000 and are presumed to have been murdered, are a stark illustration of the climate of fear that pervades in Belarus. I am pleased that just last week the United States, together with the European Union, has decided to restrict admission to four top Belarusian officials implicated in these politically motivated disappearances. Reports of arms and weapons deals between the Belarusian regime and rogue states continue to circulate. Lukashenka and his regime were open in their support of Saddam Hussein. On August 24, the Treasury Department charged that Infobank of Belarus has been involved with money laundering involving fraudulent transactions pertaining to Iraq, where funds laundered by Saddam Hussein's regime were derived from schemes to circumvent the UN Oil-for-Food program. PROVISIONS OF BDA Mr. Speaker, the main purpose of the BDA is to demonstrate U.S. support for those struggling to promote democracy and respect for human rights in Belarus despite the onerous pressures they face from the anti-democratic regime. This bill authorizes necessary assistance for democracy-building activities such as support for NGOs, independent media, including radio and television broadcasting to Belarus, and international exchanges. The bill also encourages free and fair parliamentary elections, conducted in a manner consistent with international standards, in sharp contrast to the 2000 parliamentary and 2001 presidential elections in Belarus which flaunted democratic standards. As a result of those elections, Belarus has the distinction of lacking legitimate presidential and parliamentary leadership, which contributes to its self-imposed isolation. Parliamentary elections now have an added dimension, with Lukashenka's September 7 announcement of a referendum to take place on the same day, that would pave the way to extend his rule beyond 2006, when his tenure is due to expire, to potentially join the ranks of "presidents for life" like President Niyazov in Turkmenistan and others in Central Asia. As matters stand now, the deck appears to be stacked in Lukashenka's favor, as the Belarusian Government has almost total control of the electoral process. Opposition parties have been allocated a negligible percentage of seats on district and precinct election commissions, and many candidates proposed by Belarusian democratic opposition parties have been denied registration. To their credit, the embattled opposition and non-governmental organizations have not given up. I have met with the leaders of the Belarusian opposition and have been impressed with their determination to participate in the coming elections and their courageous work to advance democracy, human rights and the rule of law, despite all of the obstacles placed in their way by the Lukashenka regime. In addition, this bill includes “sense of Congress” language that would impose sanctions against the Lukashenka regime. U.S. Government financing would be prohibited, except for humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs. This bill also requires reports from the President concerning the sale or delivery of weapons or weapons-related technologies from Belarus to rogue states and on the personal assets and wealth of Lukashenka and other senior leadership in Belarus. I hope that the Belarus Democracy Act will help support those who desire a genuinely independent, democratic Belarus and serve as a catalyst to facilitate Belarus' integration into democratic Europe. The measure is designed to be a counterweight to the pattern of clear, gross and uncorrected human rights violations by the Lukashenka regime. The Belarusian people, who have suffered so much both under past and present dictatorships, deserve to live in a society where democratic principles and human rights are respected. We must stand firmly on the side of those who long for freedom.
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speech
Helsinki Commission Chairman Delivers Remarks on Belarus, Ukraine Elections
Tuesday, September 28, 2004* Conference on the Implications of the East European Elections: Ukraine and Belarus The Heritage Foundation Thank you for inviting me to participate in your important and timely session. Both Ukraine and Belarus face important elections in the coming month. Both are societies burdened by the Soviet communist legacy of the past. Both were “Captive Nations” and both, albeit to varying degrees, are vulnerable to Russia’s political and economic influence, especially as all too many among the Russian political elite have not yet reconciled themselves to the loss of empire. Both now border on NATO and the EU. Both face serious challenges to democracy and Euro-Atlantic integration. There are many other similarities. There are also important distinctions. Belarus is ruled by a dictator who controls the levers of power and increasingly all facets ofBelarusian society. Given the level of control and repression, there are few counterweights to Lukashenka’s rule. The parliament, the National Assembly lacks real powers and Members have little power to be independent of Lukashenka’s strong-arm tactics. Civil society, including NGOs and independent media, is under a tight lid. Fundamentally flawed elections have left that country lacking a legitimate president and legislature. Ukraine, for all of the backsliding, scandals, and problems with respect to human rights, democracy and the rule of law, has institutions that act at least somewhat as a check on the powers-that-be, despite the ruling regime’s attempts to control and, in some instances, stifle genuine democratic development and civil society. Civil society is tolerated to a greater extent than in Belarus, and independent media, while under severe pressure, is more widespread. There are competing centers of power and many diverse economic, political and social interests in Ukraine. In the case of Ukraine, despite the progress in many areas since independence, there have been significant problems with respect to implementation of OSCE human dimension commitments, including in the areas of media freedoms, freedom of association and assembly, corruption, the rule of law and elections. The largest faction in the Rada is that of democratic opposition and presidential candidate Viktor Yushchenko’s Our Ukraine. The pro-presidential parliamentary majority has disintegrated, with the defection earlier this month of the party led by Rada Speaker Lytvyn. Genuine political competition exists, and, of course, there is competition among the oligarchs. In Belarus, there is only one oligarch. Although the Kuchma regime might be tempted, thus far, they have not been able to act with the same degree of impunity that Lukashenka exhibits. International attention is rightly now focused on ensuring free, fair, open and transparent presidential elections on October 31 with a second round likely in late November. These elections are critically important to the future of Ukraine, yet we see on a daily basis an election campaign that calls into question Ukraine’s commitment to OSCE principles. Without exaggeration, Ukraine is facing a critical presidential election – a choice not only between Euro-Atlantic integration versus reintegration into the former Soviet Eurasian space, but a choice between further development toward a European-style democracy, such as in Poland or Hungary, versus the increasingly authoritarian system that prevails in Russia today. Many analysts and organizations, including the Helsinki Commission, have chronicled the numerous election campaign violations taking place inUkraine. We continue to maintain our strong interest and concern. Along with Chairman Henry Hyde, I joined him in introducing H.Con.Res. 415, calling on the Government of Ukraine to ensure a democratic, transparent, and fair election process for the presidential campaign. We make clear the expectation that Ukrainian authorities should – consistent with their own laws and international agreements – ensure an election process that enables all of the candidates to compete on a level playing field. We urge the Ukrainian Government to guarantee freedom of association and assembly, ensure full transparency of the election process, free access for Ukrainian and international election observers, and unimpeded access by all candidates to the media on a non-discriminatory basis. Unfortunately, the pre-election environment in Ukraine gives great cause for concern. Ukrainian voters clearly are not receiving balanced and objective information about all the candidates in the race, independent media providing Ukrainians with objective information about the campaign – including channel 5 – is being shut down in the regions, and journalists who don’t follow the infamous secret instructions from the presidential administration, or temnyky, are harassed and even fired. Ukraine’s state-owned television channels are blatantly anti-Yushchenko. Given the stakes in these elections, we should not be surprised that the ruling regime has launched an all-out campaign against the free media and against the opposition, the most recent of numerous examples being the highly suspicious poisoning of Victor Yushchenko. To its credit, the Rada last week overwhelmingly approved a resolution creating a special commission to investigate this alleged assassination attempt. We will be eager to see if the investigation will get underway. Four years have passed since the killing of independent journalist Georgi Gongadze, and the case remains unresolved. As you know, Gongadze was bravely exposing high-level corruption in Ukraine. The Rada has also created an ad-hoc committee to monitor the upcoming election. Prime Minister Yanukovych, the presidential candidate of the ruling regime, instead of welcoming this move, called the Rada move “disloyal”. This speaks volumes. The independence exhibited by the Rada in Ukraine would be unthinkable in Belarus. There, serious and persistent violations have been committed in most human dimension areas, including freedom of speech, association and assembly, media freedoms, religious liberties, elections and the rule of law. Thanks to Lukashenka’s iron rule, Belarus has the worst human rights record in Europe today, although Russia under the increasingly authoritarian rule of President Putin appears to be catching up, and, perhaps, even emulating Mr. Lukashenka. Regrettably, the Belarusian authorities have disregarded the four democratic benchmarks established by the OSCE in 2000 – ending repressions and the climate of fear, permitting a functioning independent media, ensuring transparency of the elections process, and strengthening the functions of parliament. Lukashenka has flaunted shamelessly his 1999 Istanbul OSCE Summit declaration commitments for a political dialogue, with OSCE participation which stressed the necessity of removing "all remaining obstacles in Belarus to this dialogue by respecting the principles of the rule of law and the freedom of the media.” Lukashenka has pointedly ignored this commitment and the situation with respect to the rule of law and media freedoms has only continued its steady deterioration. At the OSCE Parliamentary Assembly meeting in Bucharest in 2000, I offered language to continue to deny the seating of the illegitimate Lukashenka parliament. We won. I continued to fight this battle until 2003, when the OSCE Parliamentary Assembly abandoned this position and seated the Members of the National Assembly. Since that time, I’ve continued to be an outspoken critic of the dismal human rights record of the Lukashenka regime. Parliamentary elections are scheduled in Belarus for October 17, and they now have an added dimension, with Lukashenka’s September 7 announcement of a referendum that would pave the way to extend his rule beyond 2006, when his ten-year tenure is due to expire, to potentially join the ranks of “presidents for life,” like President Niyazov in Turkmenistan and others in Central Asia. The fact that, according to the Belarusian electoral code, a referendum cannot contain any questions related to presidential elections will certainly not deter him. Interestingly, opinion polls suggest that most Belarusians are against extending Lukashenka’s rule, and the threshold for passage of the referendum is high, as at least 50 percent of all eligible voters – and not merely those casting ballots – have to vote “yes” for the referendum to pass. We will see how they manipulate that one. Nevertheless, to say that the deck is stacked in favor of Lukashenka is an understatement. The Belarusian Government has almost total control over the electoral process and considerable experience in conducting elections that, to put it mildly, do not meet international democratic standards. For example, opposition parties have been allocated a mere two percent of seats on the district election commissions, and an appalling 0.2 percent of the 7,000 precinct commissions. One-third of the candidates proposed by Belarusian opposition parties were reportedly denied registration. Ladies and gentlemen, to their credit, Belarus’ repressed and embattled opposition and NGOs have not yet given up. We need to continue to support these brave men and women and all those struggling for democracy and human rights in Belarus. I am the sponsor of the BelarusDemocracy Act, which is waiting for consideration by the full House. The BDA is intended to promote democracy, human rights and rule of law inBelarus, including assistance for democracy building activities such as support for NGOs, independent media, international exchanges and international broadcasting. We want to stand firmly on the side of those who long for freedom. As President Bush noted at Madison Square Garden earlier this month [on September 2], “The story of America is the story of expanding liberty: an ever-widening circle, constantly growing to reach further and include more. Our nation’s founding commitment is still our deepest commitment: In our world, and here at home, we will extend the frontiers of freedom.” We are eager to have governments and parliaments in both countries with whom we can join forces to combat the scourges of our day, such as human trafficking, HIV/AIDS which has reportedly infected one percent of Ukraine’s population, or corruption and cooperation on movement towards common security and Euro-Atlantic integration. We know that hundreds of thousands of Ukrainian and Belarusian women and children have been trafficked mostly to Europe and the Middle East over the course of the last decade. The problem is especially acute in Ukraine – one of the largest source countries in Europe. Ukraine is also a major transit country. Both Ukraine and Belarus have been designated in the most recent State Department report as Tier II countries (there are three tiers), meaning that these governments do not yet fully comply with minimum standards for the elimination of trafficking, but is making significant efforts to do so. As the lead author of the Trafficking Victims Protection Act and its reauthorization which became law in 2003, I am pleased that our government, the OSCE and other international organizations and NGOs are devoting resources to combat this modern day slavery, but much more remains to be done. For both Ukraine and Belarus, the best guarantee for their survival as independent countries is the full establishment of democracy, human rights and the rule of law, including, very importantly, democratic elections. In short, the best guarantee is their implementation of commitments both nations freely undertook when they joined the OSCE. Standing in solidarity with the courageous pro-democracy in both countries and with the people of Belarusand Ukraine, we must continue to encourage compliance with these commitments. END REMARKS
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hearing
Advancing U.S. Interests through the OSCE
Wednesday, September 15, 2004The OSCE has been a pioneer in defining an integrated approach to security, one in which human rights and economic well-being are as key to a nation’s stability as are traditional military forces. It remains not only the largest trans-Atlantic organization, but the one with the broadest definition of security. The OSCE has also created the most innovative habits of dialogue and collective action of any multilateral organization in the world. The focus of the hearing will be how the OSCE can be used most effectively to highlight and advance the interests of the United States. Among the subjects to be covered will be objectives for the December (2004) meeting of Foreign Ministers in Sofia; recent high-impact security initiatives; expectations for the upcoming Human Dimension Implementation Meeting in Warsaw; and refining and strengthening the OSCE.
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article
Helsinki Commission Leadership Engages Heads of Nine CIS Countries
Wednesday, July 28, 2004By Elizabeth B. Pryor CSCE Senior Advisor On July 21, 2004, the bipartisan leadership of the U.S. Commission on Security and Cooperation in Europe (Helsinki Commission) responded to a Declaration signed by nine members of the group known as the Commonwealth of Independent States. The text was presented to the OSCE Permanent Council earlier this month by Russia ’s Ambassador to the OSCE, Alexey N. Borodavkin. The presidents of Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, the Russian Federation, Tajikistan, Ukraine and Uzbekistan signed the declaration. CIS members Azerbaijan and Georgia declined to sign. Turkmenistan did not participate. While acknowledging that the OSCE occupies “a key place in the European security architecture,” the Declaration maintains that the organization has been unable to adapt to the changing political and security environment. The Helsinki Commission leadership – Chairman Representative Christopher H. Smith (R-NJ), Co-Chairman Senator Ben Nighthorse Campbell (R-CO), House Ranking Member Representative Benjamin L. Cardin (D-MD) and Senate Ranking Member Christopher J. Dodd (D-CT) – responded to each of the nine presidents who signed the Declaration. The Commissioners noted that three of those signing the Declaration, President Nazarbaev of Kazakhstan, President Akaev of Kyrgyzstan, and President Karimov of Uzbekistan actually signed the original Helsinki Final Act document when their countries were accepted as OSCE participating States in 1992. In the letter to President Nazarbaev, the Commission leaders stressed that they “were particularly troubled to see Kazakhstan included on the signatories to the declaration, since you have expressed an interest in undertaking the chairmanship of the organization [OSCE] in 2009.” In their replies, Commissioners agreed about the importance of the Vienna-based OSCE and that its ability to adapt was essential to its continued relevance. They pointed out, however, that many of the assertions of the Declaration were already being addressed by the participating States. The CIS signatories had criticized the OSCE for “failing to implement in an appropriate manner” the fundamental documents of the organization, stating that the OSCE is not observing an allegedly agreed Helsinki principle of non-interference in internal affairs. Refuting the assertion that the OSCE was failing to implement its principles, the Commission leaders pointed out that the participating States, not the organization, are responsible for such implementation: “We should look to capitals when failures in implementation arise, not Vienna .” On the matter of “internal affairs,” the leadership reminded the presidents that this issue was definitively decided in the politically-binding concluding document to the 1991 Moscow Human Dimension meeting, which states: “They [the participating States] categorically and irrevocably declare that the commitments undertaken in the field of the human dimension ... are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned.” Turning to the assertion that there is a serious imbalance between the three security dimensions of the OSCE – political-military, economic and environmental, and the human dimension – the Commissioners noted that since the issue of “imbalance” in OSCE priorities was raised several years ago, there has been significant movement in anti-terrorism and tangible military security issues. For example, path-breaking agreements on export controls for MANPADs, on assistance for reduction of excess ammunition, and on uniform standards for travel documents have been achieved in the last few months. The economic dimension is also being revitalized. For example, the OSCE has the most concrete and robust action plan to fight human trafficking of any international organization. The OSCE Parliamentary Assembly has called for a ministerial-level meeting to discuss ways of halting terrorist financing and has spoken out for increased membership in the World Trade Organization. Though welcoming the development of all of the OSCE dimensions, the Commissioners took issue with the idea that this should come at the expense of the promotion of human rights. The CIS signatories expressed concern that human dimension activities are concentrated in the states of the former Soviet Union and former Yugoslavia , and that unfair standards regarding elections are directed at these nations. They went on to accuse OSCE missions of focusing on human rights and democratic development at the expense of the “full range of work covered by the Organization.” In response to the assertion that undue concentration was focused on human rights in the countries of the CIS and former Yugoslavia , the Commission leaders noted that on 85 occasions since January 2003 the Helsinki Commission had addressed, often publicly, human rights concerns in NATO countries. Public criticism of actions by the United States , as in the recent criminal treatment of prisoners in Abu Ghraib prison, has also been made in OSCE meetings and has been taken seriously. The United States has made clear that free and fair elections are crucial to the ongoing process of democratic development and welcomes election monitors to its own national elections in November 2004. The letters also addressed the continued need to locate missions or other OSCE representatives in the former Soviet and Yugoslav countries. In the case of every signatory to the CIS Declaration, there are persistent human rights violations and backward trends on democratic development. Specific concerns were cited for each country, including fraudulent conduct of elections, hindrance of free media, curtailment of religious freedom and freedom of assembly, corruption among public officials and, in several of the countries, detention of political opposition leaders. These abuses have been documented in the Commission report Democracy and Human Rights Trends in Eurasia and East Europe. It is with the goal of reversing these trends that all OSCE states have agreed to the establishment and retention of these missions. The poor implementation record on OSCE commitments argues for the continued necessity of these field offices, the Commissioners concluded. Finally, the leaders of the Commission expressed the hope that the discussion of OSCE’s development would move beyond the Declaration’s inaccurate reinterpretations of key OSCE documents and center on concrete suggestions. They welcomed any positive proposals that the presidents might offer. In this, as in all their work, the Helsinki Commission expressed confidence that by working together, the States of the OSCE region could reach their goal of true security and cooperation in Europe. 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.
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statement
Urging the Government of Belarus to Ensure Democratic, Transparent, and Fair Election Process
Wednesday, July 21, 2004Mr. Speaker, I am a co-sponsor of H. Con. Res. 652 which urges the Government of Belarus to ensure a democratic, transparent, and fair election process for its parliamentary elections in October 2004. As the sponsor of the Belarus Democracy Act (H.R. 854), which has also been reported out by the International Relations Committee, it is important that the House call specific attention to these upcoming fall elections. Mr. Bereuter, in his capacity as Chairman of the House International Relations Subcommittee on Europe, has lent his support of the Belarus Democracy Act as well. Belarus' poor track record with recent elections--which were judged as not meeting international democratic standards by the Organization for Security and Cooperation in Europe--and more broadly with the situation with respect to human rights and democracy in Belarus, underscore the need for this resolution. Belarus, under autocratic ruler Alexander Lukashenka, has the worst human rights record in Europe today. Repressions against members of the democratic opposition, non-governmental organizations, the independent media and independent trade unions have become commonplace. Independent thought and action are anathema to Lukashenka, who over the last 10 years has consolidated his power to an alarming extent. Mr. Speaker, I hope that the Belarusian authorities will take this resolution seriously, as it provides them with a blueprint on what they need to do to have their elections conform with OSCE standards. Unfortunately, four benchmarks for free and fair elections established by the OSCE 4 years ago still not been met. Thus far, the pre-election environment has not been encouraging. Last month, three opposition parliamentarians staged an 18-day hunger strike demanding changes in the Election Code, which still includes several undemocratic provisions. The reform bill was overwhelmingly defeated by the Lukashenka-controlled parliament. Belarusians still have no opportunity to receive independent viewpoints through broadcast media. Opposition access to the state media is virtually non-existent; rather the political opposition is often vilified. Just yesterday Lukashenka, talking about his hopes for a pro-government majority in the October elections, said: "I strongly hope that the people will make the right choice," and added that "the people will take a close look at traitors, black sheep ..... wolves in sheep's clothing, and we will help them if they don't." This is not a good harbinger for the elections--and the election campaign has not even begun! Mr. Speaker, it is vital that we convey to the Belarusian authorities our call for a free, fair, open and transparent parliamentary election process consistent with Belarus' freely undertaken OSCE commitments. The long-suffering Belarusian people deserve no less.
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statement
Opposition Under Attack in Belarus
Wednesday, March 24, 2004Mr. President, in recent days the Belarusian Prosecutor General's office opened criminal proceedings against one of the leaders of the embattled Belarusian democratic opposition, Anatoly Lebedka. Anatoly, who is chairman of the United Civic Party, has been accused of defaming Belarusian dictator Alexander Lukashenko during an interview with Russian television last month where he linked the recent Belarusian-Russian dispute over gas deliveries with the Belarusian authorities' failure to build an efficient economy. Anatoly also mentioned a shadow budget replenished through illegal arms sales and the cover-up of the truth about political disappearances in Belarus. Given the pattern of behavior of the Lukashenko regime, it is crystal clear that this case is politically motivated and designed to suppress dissent. Lebedka's United Civic Party is a member of the Popular Coalition Five Plus, an opposition bloc which is planning to field candidates in this fall's parliamentary elections. The action against Anatoly Lebedka and on the opposition fits squarely within a pattern of the suppression of independent thought and action in Belarus. Lukashenko's repression of those who would dare to challenge him has only intensified over the past year. Just last week, a criminal case was opened against the Belarusian Helsinki Committee chairperson Tatiana Protska and accountant Tatiana Rudkevich. This comes after politically-motivated economic sanctions were imposed on the Committee recently. Also within the last few days, a court seized property of Iryna Makavetskaya, a correspondent for one of Belarus' leading independent newspapers, Beloruskaya Delovaya Gazeta. Lukashenko has a choice--he can continue to act as a pariah, suppressing the voices of democracy in Belarus, or he can realize that the only way to reverse his self-imposed isolation from the international community and increasingly, from his own people is to end his offensive against democracy and civil society. Meanwhile, it is essential that the United States back up its rhetorical support for democratic forces in Belarus through concrete assistance. Earlier this Congress, I introduced the Belarus Democracy Act, a measure with bipartisan support designed to promote democracy, human rights and the rule of law in Belarus. In light of the campaign of repression against democratic forces in Belarus, timely consideration of the Belarus Democracy Act is warranted. I urge colleagues to support this important legislation.
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statement
Belarusian Authorities Continue to Stifle Democracy
Wednesday, February 11, 2004Mr. President, as Co-Chairman of the Commission on Security and Cooperation in Europe, I want to update colleagues on developments in the Republic of Belarus, a country with the poorest human rights record of any country in Europe today. In the last year, Belarusian dictator Lukashenka's assault on civil society has steadily intensified, with the liquidation of NGOs, violence against opposition activists, and repression of the independent media and trade unions. The situation in Belarus continues its downward spiral with daily reports of growing repression and new human rights violations. Since the beginning of the still relatively New Year, NGOs such as the Belarusian Language Society and the Belarusian Helsinki Committee have experienced increased harassment. The Minsk City Court has ordered the liquidation of the Independent Association of Legal Research. Leaders of the opposition "Five Plus" bloc, who are in Washington this week, were recently detained and searched by customs officials at the Polish-Belarusian border. The officials were reportedly looking for printed, audio or video materials that could "damage the political and economic interests of the country." Human rights activists or independent journalists such as Natalya Kolyada, Nina Davydowskaya, Iryna Makavetskaya, Aksana Novikava and Aleksandr Silitsky continue to be subjected to threats, detentions or heavy fines. Others, including activists of the youth group ZUBR, have been arrested for holding an unauthorized picket demanding a thorough investigation of the disappearances of three democratic opposition members Yuri Zakharenka, Victor Gonchar, Anatoly Krasovsky, and journalist Dmitri Zavadsky. Independent media outlets also continue to feel the wrath of the powers that be, including libel proceedings against Narodnaya Volya, Belarus' largest independent daily; the confiscation of Asambleya, a bulletin of the Assembly of the Belarusian Democratic NGOs; the refusal by the Belarusian Postal Service to distribute the independent newspaper Regionalniye Novosti; the confiscation of copies, in the town of Smorgon, of the independent newspaper, Mestnaya Gazeta; and the censoring of the independent newspaper Volnaya Hlybokaye in the Vitebsk region. Several Jewish cemeteries are being destroyed, Baptist congregations are being fined and Krishna followers detained. In an unusual step, the International Labor Organization, ILO, has established a commission of inquiry, only the eleventh time in the body's 84-year history, to examine violations of trade union rights in Belarus. Meanwhile, the Parliamentary Assembly of the Council of Europe's Committee on Legal Affairs and Human Rights unanimously ratified a report on political disappearances in Belarus. The just-released report severely criticizes the Belarusian authorities, stating that "steps were taken at the highest level of the State actively to cover up the...disappearances" of several high-profile members of the opposition in 1999 to 2000 and that senior Belarusian officials may be involved. Last year I introduced the Belarus Democracy Act of 2003, S. 700, which is designed to help promote democratic development, human rights and rule of law in the Republic of Belarus, as well as encourage the consolidation and strengthening of Belarus' sovereignty and independence. While some might be tempted to dismiss Belarus as an anomaly, the stakes are too high and the costs too great to ignore. It is important for us to stay the course and support Belarus in becoming a genuine European state, in which respect for human rights and democracy is the norm and in which the long-suffering Belarusian people are able to overcome the legacy of dictatorship- past and present. The Belarus Democracy Act, which enjoys bipartisan support, is an important, concrete way to exhibit our support. I urge colleagues to support this measure and look forward to timely consideration of the Belarus Democracy Act.
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article
Strong Substance, Potent Politics Mark Historic Maastricht OSCE Ministerial Council
Friday, January 16, 2004By Elizabeth B. Pryor, CSCE Senior Advisor The Organization for Security and Cooperation in Europe (OSCE) once again demonstrated its ability to promote candid political discussion and take prescient decisions when the Eleventh OSCE Ministerial Council met December 1-2, 2003. The meeting took place in Maastricht, the Netherlands, capping the Dutch chairmanship of the OSCE, under the leadership of Foreign Minister Jaap de Hoop Scheffer. Ministers and other senior officials from the 55 OSCE states engaged in extensive consultations and approved an impressive array of action programs and strategic initiatives. Members of the OSCE Parliamentary Assembly, including Helsinki Commissioner Rep. Alcee L. Hastings (D-FL), and representatives of OSCE partner states and other affiliated organizations joined them. Secretary of State Colin Powell led the United States delegation. The Ministerial meeting was historic, not only for the quantity and quality of the decisions it took, but because it signaled a move away from defining the organization solely on the basis of broad formalized statements. The flexibility of the organization was also on display. When one participating state threatened a veto on jointly agreed political positions, the Chairman and other members turned it into an opportunity to forcefully reiterate their determination to see conflicts resolved through the standards set in OSCE agreements. They also intensified the pressure to fulfill previously taken commitments. The result was a stronger expression of collective political will than might have been made in a compromise document. By moving beyond the predictable rhetoric of a communiqué, the OSCE underscored its own political vitality and the unique platform it offers for frank debate and creative political action. The Maastricht Ministerial took place in the wake of Georgia’s "Revolution of the Roses" and was attended by the Acting President of Georgia, Nino Burjanadze. That situation, and growing concern over disputes in the Transdniestria region of Moldova, produced frank comments from the Ministers, opening the way for real dialogue on the issues and an expression of international concern that was impossible to ignore. Secretary Powell was among those who used the unconstrained OSCE stage to address issues directly. He cautioned that no support would "be given to breakaway elements seeking to weaken Georgia’s territorial integrity" and called for international support for the new elections to be held January 4, 2004. The European Union, and Dutch OSCE Chairman echoed this, voicing their own warnings against interference in Georgia’s democratic development. The Chairman also strongly reasserted the OSCE’s role in deliberations over the political future of Transdniestria. He was joined by many of the Ministers, who took exception to Russian efforts to broker an inequitable accord outside of the internationally coordinated mediation process. While applauding some progress on arms reductions by Russia in Transdniestria, the U.S. delegation, as well as many others, spoke forthrightly of the need to fulfill all provisions of the 1999 Istanbul agreement which called for the complete withdrawal of Russian forces from Moldova. Even when given an extension to withdraw by December 31, 2003, no progress has been made. The exchange also gave Russia the opportunity to express its viewpoint: that ratification of the revised Treaty on Conventional Armed Forces in Europe (CFE) was being held up over the implementation of the Istanbul commitments and that the collapse of its diplomatic initiative in Moldova would delay any chance of reaching a settlement. The initiatives unanimously agreed by the Ministers reflect the OSCE’s dedication to strong standard setting and innovative yet practical solutions for entrenched problems. The decisions taken on security issues continue OSCE’s long tradition of crafting action-oriented agreements with low political cost and long-term stabilizing effects. The development of more secure travel documents, export controls on portable air defense systems, "best practices" for the transfer of small arms and new measures for the destruction of stockpiles of ammunition are among the most robust set of security decisions taken in recent years by any international organization. The United States welcomed these decisions and praised the OSCE’s work as an example of effective multilateralism. These concrete action programs were coupled with a comprehensive strategy for addressing the changing security environment of the 21st century. The holistic OSCE approach to stability is evident in this document, which encompasses everything from arms control to environmental concerns and fighting corruption. "The [Helsinki] Final Act tells us that lasting security requires not just respect for the sovereignty of states, but also respect for the integrity of human beings," noted Secretary Powell in Maastricht. In keeping with this integrated approach to security, the OSCE agreed to a strategic roadmap for tackling the difficult problem of trafficking in human beings. The OSCE Action Plan is the most detailed blueprint devised by any international organization; in Maastricht Ministers decided to appoint a Special Representative to ensure that its provisions are carried out. In addition, the OSCE approved a comprehensive policy for improving the situation of Roma and Sinti, the first of its kind in the region. They also strengthened their commitment to an enhanced economic and environmental work plan. In a matter of particular interest to numerous Helsinki Commissioners, the Maastricht Ministerial formally welcomed the offer by Germany to host a conference on anti-Semitism in Berlin. Belgium will host a meeting on racism, xenophobia and discrimination. In a letter to Secretary Powell in the lead up to the ministerial, Commissioners urged U.S. leadership in securing agreement on the German proposal as well as other areas of particular concern, including disturbing developments in Turkmenistan, Chechnya, Belarus and severe limitations placed on minority religious communities in some parts of the region. "The United States’ leadership is essential to secure consensus on initiatives on combating anti-Semitism and racism; human trafficking; internally displaced persons; corruption and international crime; cooperation with the ICTY; withdrawal of foreign forces from Moldova; and the Annual Security Review Conference," Commissioners wrote. Ministers also addressed the wider sharing of OSCE norms, principles and commitments with others, pledging to identify additional fields of cooperation and interaction with OSCE Mediterranean and Asian Partners for Cooperation. 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.
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article
Helsinki Commission Reviews OSCE Dutch Leadership
Wednesday, November 26, 2003By Marlene Kaufmann CSCE Counsel The United States Helsinki Commission held a hearing featuring the testimony of His Excellency Jaap de Hoop Scheffer, Foreign Minister of The Netherlands and Chairman-in-Office of the Organization for Security and Cooperation in Europe for 2003. The Foreign Minister testified on September 3, 2003 about the OSCE's efforts to promote security, stability and human rights in Europe and Eurasia. "In the last few years, we have come face to face with unprecedented challenges and threats to our security," said Minister de Hoop Scheffer. "The fight against terrorism is, and it should be, a top priority on our agenda." He noted that developing a comprehensive strategy to address new threats to security and stability will be the objective of OSCE Foreign Ministers in their upcoming meeting in Maastricht, The Netherlands, in early December. "We need to go beyond the repertoire of military action and policing as responses to security problems, and the OSCE can provide an impetus to this effort," he said. "No sustainable conflict resolution, let alone peace, can be achieved without due regard for human rights and democratization, for economic and environmental development, and without due regard for the rule of law." Other more surreptitious threats to security include organized crime, trafficking in human beings and illegal immigration, according to the Foreign Minister. Under de Hoop Scheffer's leadership, the Dutch Chairmanship has made combating human trafficking a priority and has secured the adoption of an OSCE action plan to combat trafficking in human beings to assist countries in confronting this modern day slavery whether they are countries of origin, transfer or countries of destination. The Minister explained that in support of this plan he intends to send missions of experts to assist countries in the fight against trafficking. The missions will draw on the expertise of OSCE institutions and will both monitor and take action against human trafficking. "Against this background, I feel sure that the Organization will be able to make an active, solid contribution to the fight," Mr. de Hoop Scheffer said. United States Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) welcomed the new OSCE effort. "I think it is a very realistic action plan . . . and it really adds to the common effort that we all need to take with regard to this modern-day slavery," said Smith, who has led the fight in Congress against human trafficking. Chairman Smith asked Minister de Hoop Scheffer to expand the anti-trafficking action plan to include the military in all OSCE countries, as well as policing and peacekeeping deployments throughout the region. Chairman Smith described his own efforts to make the U.S. military aware of this problem, including a request to the Army's Inspector General to investigate allegations of human trafficking at establishments frequented by U.S. military personnel in South Korea. An Ohio-based investigative news team revealed that women trafficked from Russia and the Philippines were being forced into prostitution in local clubs and bars surrounding U.S. bases and exposed the fact that uniformed U.S. military personnel understood the circumstances and yet did nothing to prevent or report the crime. According to Chairman Smith, the Inspector General took quick and decisive action to investigate the alleged activities and made specific recommendations to correct the matter. "The U.S. military has put more than 660 establishments, now seen for what they are, off limits to U.S. military as a direct result of this investigation," Mr. Smith said. Minister de Hoop Scheffer agreed that military and peacekeeping operations should be reviewed in strategies to combat human trafficking and said that the work being done by the U.S. military could serve as an example. The Minister also noted that NATO is undertaking a review of what its role should be in this regard. De Hoop Scheffer will take over as Secretary General of NATO in January, 2004. The Chairman-in-Office reviewed the work of the OSCE in combating anti-Semitism, racism and discrimination by highlighting the June conference held in Vienna regarding the rising tide of anti-Semitism in the OSCE region and strategies to combat it, as well as the September conference focused on efforts to combat racism, xenophobia and discrimination. Both Chairman Smith and Commission Member Rep. Alcee L. Hastings (D-FL), who participated in the June conference, urged de Hoop Scheffer to support another OSCE conference on anti-Semitism, which Germany has offered to host in Berlin in 2004. The Minister confirmed his support for such a conference saying, "having visited the Holocaust Memorial Museum this morning, having seen that, you need not have any other argument to go on fighting anti-Semitism." Commissioner Hastings queried Foreign Minister de Hoop Scheffer about his views on extending the term of the Chairman-in-Office from the current one year to two or three years, in view of the tremendous challenges facing the OSCE Chairmanship and the amount of work to be done. Mr. Hastings complimented the Minister, in particular, for the work he has done with Central Asian states. Calling his work as Chairman-in-Office "very challenging and a tremendously interesting responsibility," de Hoop Scheffer said he felt maintaining the one year term for the OSCE Chairmanship is the best way to proceed. He pointed to the work of the Troika, which is composed of the immediate past, current and upcoming Chairman-in-Office, who meet on a regular basis to discuss OSCE matters. The Minister has sought to strengthen this working group during his tenure and indicated that he felt this mechanism, along with the appointment of Special Representatives to focus on particular issues, serves to bring continuity to the leadership of the OSCE. Commissioner Hastings, who serves as a Vice President in the OSCE Parliamentary Assembly (OSCE PA) also asked the Chairman-in-Office about what can be done to strengthen the working relationship between the OSCE and the OSCE PA. Mr. Hastings voiced hope that the Parliamentary Assembly would participate fully in the Maastricht Ministerial Meeting and that the OSCE and Assembly would continue to foster a working partnership. Viewing this issue from the perspective of his sixteen years of service in the Dutch Parliament, the Chairman-in-Office said he believes that the OSCE leadership has made substantial progress in its relationship with the Parliamentary Assembly. He welcomed the opening of the Parliamentary Assembly's Liaison Office in Vienna, headed by Ambassador Andreas Nothelle, as well as the active participation of Parliamentary Assembly President Bruce George in meetings of the Troika. The Foreign Minister said that he would continue to work to improve interaction between the OSCE and the Assembly. Minister de Hoop Scheffer further highlighted the actions of the OSCE by discussing regions in which the Organization has been particularly active--including Central Asia, Belarus, Moldova, Chechnya, and Georgia. Helsinki Commission Member Rep. Joseph R. Pitts (R-PA) voiced concern about the authoritarian rule in much of Central Asia and the Caucasus and its potential to move toward a family dynasty, as seems to be happening in Azerbaijan. The Chairman-in-Office expressed his view that Central Asian governments need particular attention from the OSCE, given that social changes brought about since the end of the Cold War have begun to stall. The Minister, who recently visited the five Central Asian countries, emphasized the importance of direct involvement with participating States in order to monitor and pressure for change. "The OSCE missions are the eyes and the ears of the organization," he said. Mr. de Hoop Scheffer, who also spoke with members of nongovernmental organizations in Turkmenistan, stressed the need to maintain communications between all OSCE states, because the alternative would be to expel them. "Would that improve the fate of the people in jails in Uzbekistan or Turkmenistan?" he asked rhetorically. "I don't think so, but it's the perpetual moral dilemma we have." Mr. Pitts and Minister de Hoop Scheffer also expressed concerns about the refusal of Belarus to fully participate in OSCE meetings and negotiations. The Chairman-in-Office mentioned that of particular concern are attempts by the Government of Belarus to restrict the media's independence. He said he would follow the situation critically and would take whatever necessary action was called for. In Moldova, the OSCE plans to step up its efforts to resolve the Moldova-Transdniestria conflict. The OSCE is focusing on a political settlement and preparations for post-settlement. The two parties understand that a peacekeeping operation may be in place during the transition activities, and the OSCE is discussing the possibility. Mr. de Hoop Scheffer called for Russia to reclaim its weapons and ammunition from Moldova before the end of the year. He also urged the United States and the European Union to assist conflict resolution efforts in Moldova. The OSCE is still pushing for cooperation between Chechnya and the Russian Federation, despite difficulties in negotiations. The OSCE has developed a program aimed at benefitting the Chechen population and improving areas such as the judiciary and public order, economic and social developments, re-integration of displaced people, and media development. De Hoop Scheffer said violence and political obstacles have made negotiations in the area difficult. But he remained positive about a program to affect change. "I believe that the Russian Federation and the OSCE have a common interest in defining such a program," he said, adding the human suffering and material costs of this conflict are immense. The Maastricht Ministerial Meeting will set the agenda for the OSCE's future work and will address modern threats to security and stability, the Chairman-in-Office said. The meeting will take up human trafficking, economic and environmental issues, and review of field missions and peacekeeping. The conference will also be open to nongovernmental organizations, which de Hoop Scheffer said have been crucial to helping bring about change. The Chairman-in-Office concluded his testimony by stressing the importance of multilateral efforts and of the continued support of the United States. "That is one of the reasons why, with full candor, I have shared my impressions, convictions, and intentions for the coming period with you," he said. "In short, it takes a joint effort by the entire OSCE community to make this organization work." 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. United States Helsinki Commission Intern Lauren Smith contributed to this article.
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article
Further Assault Against Activists in Belarus
Tuesday, November 25, 2003By Orest Deychakiwsky CSCE Staff Advisor and Ronald McNamara CSCE Deputy Chief of Staff United States Helsinki Commission staff met with a wide variety of opposition party members, non-governmental organization representatives and independent media journalists during an October 11-15 visit to the west Belarusian city of Hrodna and the capital city, Minsk. While the repressive apparat of Belarusian strongman Alexander Lukashenka has mounted a full-fledged assault on civil society over the last few months, pro-democracy forces remain committed to the creation of an independent, sovereign and democratic Belarus. In meetings with representatives from civil society throughout the visit, discussions inevitably turned to the Belarus Democracy Act of 2003, introduced earlier this year by United States Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Co-Chairman Senator Ben Nighthorse Campbell (R-CO). The Belarus Democracy Act would authorize increased assistance for democracy-building activities such as support for non-governmental organizations, independent media--including radio broadcasting to Belarus, and international exchanges. In a clear effort to consolidate his firm hold on power, Lukashenka has further tightened his grip on independent elements of Belarusian society, using the full force of the state to repress dissent. This comports with his new "state ideology” which has as its aim to further his rule by eliminating any vestige of pluralism in Belarus. Non-governmental organizations have been "de-legalized," or threatened with closure, often on petty pretexts. Increasingly, spouses and relatives of activists are being used as pawns with threats of dismissal or other forms of retribution. The media are especially facing pressure, with the electronic media under the control of the authorities and the independent media increasingly subject to systematic reprisals. Dozens of independent publications have been closed or threatened with closure. State printing houses have refused to print even previously registered editions and the state's distribution system refuses to circulate independent media material. Even Russian television is getting pushed out. A proposed new media law threatens to further erode freedom of media. Independent trade unions are becoming further circumscribed. The Government of Belarus has made no substantive progress in meeting the criteria for democratization established more than three years ago by the Organization for Security and Cooperation in Europe: End repression and the climate of fear; Permit a functioning, independent media; Ensure transparency of the election process; and Strengthen the functioning of the parliament. No progress has been made to investigate the cases of four opposition figures who disappeared in 1999-2000. The four are presumed dead. Attempts by Belarusian democrats and the international community to engage in a dialogue with the powers-that-be on amending the electoral code have thus far been unsuccessful. Belarusian authorities refuse to cooperate with the OSCE, even within the framework of its limited mandate. In both Hrodna and Minsk, Commission staff met with a wide gamut of representatives from leading non-governmental organizations, independent media, national and local leaders of democratic opposition political parties, wives of the disappeared, leaders of independent trade unions, dissident members of the National Assembly, various religious leaders, and human rights and cultural organizations. On the official Belarusian side, Commission staff met with the Governor of Hrodna and officials from the Ministry of Foreign Affairs, raising a wide range of concerns with respect to Belarus' refusal to implement its OSCE commitments, including those pertaining to the deepening assault on civil society. In Hrodna, the issues surrounding Jewish cemeteries were raised with the Governor Vladimir Savchenko. On the U.S. side, staff held constructive meetings with newly installed Ambassador George Kroll, Embassy staff and officials of the United States Agency for International Development. 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.
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hearing
The Dutch Leadership of the OSCE
Wednesday, September 03, 2003The United States Helsinki Commission held a hearing on the Dutch leadership of the Organization for Security and Cooperation in Europe (OSCE) featuring the testimony of His Excellency Jaap de Hoop Scheffer, Foreign Minister of The Netherlands and Chair-in-Office of the OSCE. The hearing reviewed the work of the OSCE under the Dutch Chairmanship. Specific issues discussed were the ongoing conflict in Chechnya, the deteriorating situation in Belarus, OSCE efforts to combat anti-Semitism and human trafficking, as well as promoting respect for human rights and democratic values in the participating States.
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Mayor Giuliani, Chairman Smith Lead U.S. Delegation to OSCE Conference on Anti-Semitism
Tuesday, August 19, 2003By H. Knox Thames CSCE Counsel The Organization for Security and Cooperation in Europe (OSCE) held an historic international conference in Vienna, Austria on June 19-20 to discuss anti-Semitism within the 55 participating States. While the OSCE states have addressed anti-Semitism in the past, the Vienna Conference represented the first OSCE event specifically devoted to anti-Semitism. Former New York City Mayor Rudolph W. Giuliani and United States Helsinki Commission Chairman Rep. Christopher H. Smith (N-04J) led the United States delegation. Commissioner Rep. Alcee L. Hastings (D-FL), who currently serves as a Vice President of the OSCE Parliamentary Assembly, was also part of the U.S. delegation. Public members of the delegation were: Rabbi Andrew Baker, American Jewish Committee; Abraham Foxman, Anti-Defamation League; Cheryl Halpern, National Republican Jewish Coalition; Malcolm Hoenlein, Conference of Presidents of Major American Jewish Organizations; Mark Levin, NCSJ; and, Daniel Mariaschin, B’nai B’rith. U.S. Ambassador to the OSCE, Stephan M. Minikes, and the U.S. Special Envoy for Holocaust Issues, Ambassador Randolph Bell, also participated. The personal representative of the Dutch OSCE Chair-in-Office, Ambassador Daan Everts, opened the meeting expressing dismay that in the year 2003 it was necessary to hold such a conference, but "we would be amiss not to recognize that indeed the necessity still exists." Bulgarian Foreign Minister Solomon Passy declared "anti-Semitism is not a part of [Europe’s] future. This is why this Conference is so important, and I believe it will have a strong follow-up." Former Polish Foreign Minister Wladyslaw Bartoszewski, a Holocaust survivor, cited free societies as an essential element in combating anti-Semitism. The European Union statement, given by Greece, noted that anti-Semitism and racism are "interrelated phenomena," but also stated "anti-Semitism is a painful part of our history and for that requires certain specific approaches." Mayor Giuliani began his remarks to the opening plenary with a letter from President Bush to conference participants. Citing his visit to the Nazi death camp at Auschwitz, the President recalled the "inhumanity and brutality that befell Europe only six decades ago" and stressed that "every nation has a responsibility to confront and denounce anti-Semitism and the violence it causes. Governments have an obligation to ensure that anti-Semitism is excluded from school textbooks, official statements, official television programming, and official publications." Many OSCE participating States assembled special delegations for the conference. The German delegation included Gert Weisskirchen, member of the German parliament and a Vice President of the OSCE Parliamentary Assembly, and Claudia Roth, Federal Government Commissioner for Human Rights, Policy and Humanitarian Aid. The Germans called for energetic actions by all the participating States to deal with anti-Semitism and stressed the need for appropriate laws, vigorous law enforcement and enhanced educational efforts to promote tolerance. Mr. Weisskirchen stressed that anti-Semitism was a very special form of bigotry that had haunted European history for generations and therefore demanded specific responses. In this spirit, Germany offered to host a follow-up OSCE conference in June 2004 focusing exclusively on combating anti-Semitism that would assess the progress of initiatives emerging from the Vienna Conference. The French delegation was led by Michel Voisin of the National Assembly, and included the President of the Consistoire Central Israelite de France, Jean Kahn, and representatives from the Ministry of Justice and the Office of Youth Affairs, National Education and Research. The French acknowledged with great regret the marked increase in anti-Semitic incidents that have occurred in France during the past two years. In response, France had passed new laws substantially increasing penalties for violent "hate crimes," stepped up law enforcement and was in the process of revising school curricula. The work of the conference was organized under several focused sessions: "Legislative, Institutional Mechanisms and Governmental Action, including Law Enforcement"; "Role of Governments in Civil Society in Promoting Tolerance"; "Education"; and, "Information and Awareness-Raising: the Role of the Media in Conveying and Countering Prejudice." Mayor Giuliani noted the fact that the conference was being held in the same building where Hitler announced the annexation of Austria in 1938. "It’s hard to believe that we’re discussing this topic so many years later and after so many lessons of history have not been learned; and I am very hopeful that rather than just discussing anti-Semitism, we are actually going to do something about it, and take action." Giuliani, drawing on his law enforcement background and municipal leadership, enumerated eight steps to fight anti-Semitism: 1) compile hate crime statistics in a uniform fashion; 2) encourage all participating States to pass hate crime legislation; 3) establish regular meetings to analyze the data and an annual meeting to examine the implementation of measures to combat anti-Semitism; 4) set up educational programs in all the participating States about anti-Semitism; 5) discipline political debate so that disagreements over Israel and Palestine do not slip into a demonizing attack on the Jewish people; 6) refute hate-filled lies at an early stage; 7) remember the Holocaust accurately and resist any revisionist attempt to downplay its significance; and 8) set up groups to respond to anti-Semitic acts that include members of Islamic communities and other communities. Commissioner Hastings identified a "three-fold role" governments can play in "combating anti-Semitic bigotry, as well as in nurturing tolerance." First, elected leaders must "forthrightly denounce acts of anti-Semitism, so as to avoid the perception of silent support." He identified law enforcement as the second crucial factor in fighting intolerance. Finally, Hastings noted that while "public denunciations and spirited law enforcement" are essential components to any strategy to combat anti-Semitism, they "must work in tandem with education." He concluded, "if we are to see the growth of tolerance in our societies, all governments should promote the creation of educational efforts to counter anti-Semitic stereotypes and attitudes among younger people and to increase Holocaust awareness programs." Commission Chairman Christopher H. Smith, who served as Vice Chair of the U.S. delegation to the Vienna Conference, highlighted how a "comprehensive statistical database for tracking and comparing the frequency of incidents in the OSCE region does not exist, [and] the fragmentary information we do have is indicative of the serious challenge we have." In addition to denouncing anti-Semitic acts, "we must educate a new generation about the perils of anti-Semitism and racism so that the terrible experiences of the 20th century are not repeated," said Smith. "This is clearly a major task that requires a substantial and sustained commitment. The resources of institutions with special expertise such as the U.S. Holocaust Memorial Museum must be fully utilized." In his closing statement Giuliani stressed that anti-Semitism "has its own history, it has a pernicious and distinct history from many prejudicial forms of bias that we deal with, and therefore singular focus on that problem and reversing it can be a way in which both Europe and America can really enter the modern world." He enthusiastically welcomed the offer by the German delegation to hold a follow-up conference on anti-Semitism, in Berlin in June 2004. Upon their return to Washington, Giuliani and Smith briefed Secretary Powell on the efforts of the U.S. delegation in Vienna and the importance of building upon the work of the Conference at the parliamentary and governmental levels. 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.
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statement
Floor Statement in Support of H.R. 1950, the Foreign Relations Authorization Act for Fiscal Years 2004 and 2005 - Rep. Smith
Tuesday, July 15, 2003Madam Chairman, I am pleased that Title XV of the State Department authorization bill incorporates key provisions of the Belarus Democracy Act of 2003, which I sponsored earlier this year. The State Department's annual Country Reports on Human Rights Practices report on Belarus states that the Belarusian regime's "human rights record remained very poor and worsened in several areas." Thanks to Alexander Lukashenka--aptly cited by The Washington Post as "Europe's last dictator"--Belarus has the worst human rights record in Europe today. The Helskinki Commission, which I Chair, as well as the Organization for Security and Cooperation in Europe including its Parliamentary Assembly, the United Nations, the Council of Europe, the European Union and other international entities have all chronicled the appalling state of human rights and democracy in a country located in the heart of Europe. Belarus already borders NATO. In just a few years, Belarus will border the European Union. The Lukashenka regime has blatantly and repeatedly violated basic freedoms of speech, expression, assembly, association and religion. The independent media, non-governmental organizations (NGOs) and democratic opposition have all faced harassment. Indeed, in the last few months, his war against civil society has intensified--resulting in the closure of non-governmental organizations, independent media outlets and Western-funded media support groups, such as Internews Network group, an international organization that helps develop independent media in countries in transition. Just last week, the Lukashenka regime denied continuation of the accreditation of the International Research and Exchanges Board (IREX), an American organization that has implemented a variety of assistance programs in Belarus for years, including programs that helped the struggling independent media. Last week, they ordered the closure of the Minsk bureau of Russian NTV television. Just a few weeks ago, Lukashenka closed down the National Humanities Lyceum, a highly respected school promoting the study of the Belarusian language and culture. There are growing, legitimate fears that Lukashenka is aiming to remove Belarus from its vestiges of democracy dissent. In October, Lukashenka signed into law the most restrictive religion law in Europe. Independent journalists have been sentenced to "corrective labor" for their writings. There are credible allegations of the Lukashenka regime's involvement in the disappearances of leading opposition figures and a journalist. Here in Washington and at various OSCE Parliamentary Assembly meetings, I've had occasion to meet with the wives of the disappeared, Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky. These meetings have been heart-wrenching. The cases of their husbands--who disappeared in 1999 and 2000 and are presumed to have been murdered--are a stark illustration of the climate of fear that pervades in Belarus. On the security front, reports of arms deals between the Belarusian regime and rogue states, including Iraq and North Korea, continue to circulate. Lukashenka and his regime were open in their support of Saddam Hussein. One of the primary purposes of this initiative is to demonstrate U.S. support for those persevering to promote democracy and respect for human rights in Belarus despite the onerous pressures they face from the anti-democratic regime. Necessary assistance is authorized for democracy-building activities such as support for non-governmental organizations, independent media--including radio and television broadcasting to Belarus--and international exchanges. The bill also encourages free and fair parliamentary elections, conducted in a manner consistent with international standards--in sharp contrast to the 2000 parliamentary and 2001 presidential elections in Belarus which flagrantly flaunted democratic standards. As a result of these elections, Belarus has the distinction of lacking legitimate presidential and parliamentary leadership, which contributes to that country's self-imposed isolation. Parliamentary elections are scheduled to be held in 2004, and we should encourage those who seek to create the laws and environment conducive to a free and fair election. In addition, the Executive Branch is encouraged to impose sanctions against the Lukashenka regime and deny high-ranking officials of the regime entry into the United States. U.S. Government financing would be prohibited, except for humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs. Madam Chairman, we are seeking to help put an end to the pattern of clear and uncorrected human rights violations by the Lukashenka regime and are hoping this will serve as a catalyst to facilitate Belarus' integration into democratic Europe. The Belarusian people deserve to live in a society where democratic principles and human rights are respected and the rule of law is preeminent. The Belarusian people--who have endured so much both under past and current dictatorships--deserve our support as they work to overcome the legacy of the past and develop a genuinely independent, democratic country. In addition, Madam Chairman, in keeping with this authorization for the Department of State, I want to express my appreciation for the work of the Department in bringing needed attention to the concerns about ongoing anti-Semitism, an age-old plague that still haunts many countries in the OSCE, including our own. I have sought to identify effective responses to this troubling phenomenon, including the introduction of the resolution, H. Con. Res. 49 which passed last month. Last month, I joined Mayor Rudy Giuliani and Congressman HASTINGS in Vienna for an OSCE conference specifically focused on anti-Semitism. Having the OSCE itself take up this important cause is significant. In fact, the idea was first raised in the May 2002 hearing of the Helsinki Commission and also suggested in the resolution condemning anti-Semitism I presented at the Berlin Parliamentary Assembly meeting last summer. I offered a similar resolution week before last at the Rotterdam OSCE PA meeting. Both resolutions passed the Assembly unanimously. While the OSCE Parliamentary Assembly has actively denounced anti-Semitic acts, I give great credit to the State Department for making the Vienna Conference a reality. Notably, one initiative emerging from the Vienna Conference was a pledge by our German friends to hold a follow-up meeting in Berlin next year to focus on anti-Semitism. I hope this meeting will rally the troops from Europe, the U.S., and Canada to say in one voice "never again." Finally, Madam Chairman, I was pleased to learn of Senator Voinovich's amendment to the Senate's State Department reauthorization bill requiring the Annual Report on International Religious Freedom to include specific coverage of anti-Semitism. The amendment calls for the report to cover "acts of anti-Semitic violence that occurred in that country" and "the response of the government of that country to such acts of violence." Importantly, the amendment would mandate the report to chronicle "actions by the government of that country to enact and enforce laws relating to the protection of the right to religious freedom with respect to people of the Jewish faith." I think this is a worthwhile idea and hope it will be enacted into law.
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statement
Repression Spreading in Belarus
Tuesday, June 24, 2003Mr. Speaker, Europe's last dictator, Belarus' Alyaksandr Lukashenka, appears determined to ignore the voices of the people of Belarus calling for basic respect for human rights and democratic principles a decade after that country gained its independence and joined the Organization for Security and Cooperation in Europe (OSCE). As Chairman of the Helsinki Commission, I am disturbed by recent developments which demonstrate the growing repression in Belarus. There have been further restrictions imposed on the independent media, with the recent suspension of independent newspapers Navinki and Ekho. Just a few days ago, the publication Predprinimatelskaya Gazeta was suspended for three months. The offices of the trade union paper Solidarnost have been sealed by the authorities. Still other publications have received warnings that could lead to their closure. These actions were preceded by the three-month suspension of two prominent independent newspapers--Belaruskaya Delovaya Gazeta and BDG--For Internal Use Only. The Lukashenka regime is also targeting schools. The National Humanities Lyceum, a highly respected high school promoting study of the Belarusian language and culture, is under fire, with its acting head to be replaced by a reportedly non-Belarusian-speaking official. Why? Because professors at the school support democracy and the Belarusian language and culture which ironically is anathema to the Belarusian strongman. Mr. Speaker, what kind of leader actively suppresses his nation's language and culture? Moreover, a new crackdown on Pentecostal home meetings in western Belarus is underway, with fines being handed down on church members who permit their homes to be used for prayer meetings--a result of last year's restrictive religion law. Non-governmental organizations (NGOs) are also facing increasing scrutiny, often for truly spurious reasons such as minor mistakes in registration documents. Several, including Ratusha, Varuta and the Youth Christian Social Union, are under threat of liquidation. Just a few days ago, the Homel regional court ordered the closure of the area's largest NGO, Civic Initiatives. The intensified campaign against NGOs and the independent media are widely regarded among domestic and international observers as a concerted attack on active and independent civil society structures. Repressive actions against individuals continue as well. Recently, 18-year-old ZUBR activist Tatiana Elovaya was sentenced to 10 days imprisonment for manifesting her support in an April 3 demonstration outside the U.S. Embassy for the campaign to liberate Iraq. Several others, including 19-year-old Lyubov Kuchinskaya had served 10-day sentences earlier. Unfortunately, these are just some recent examples of a longstanding pattern of the Lukashenka regime's flouting of its OSCE commitments and continued disregard for the four OSCE criteria set forth three years ago by the Parliamentary Troika for Belarus. Despite steps by the OSCE community, including the re-opening of the OSCE Office in Miensk (albeit under a more limited mandate), the seating of the National Assembly and the lifting of a visa ban, not only have reciprocal steps not been taken by the Belarusian authorities but the situation has indeed deteriorated further. Earlier this year, I introduced H.R. 854, the Belarus Democracy Act, designed to assist the people of Belarus in regaining their freedom and enable them to join the European community of democracies. Key provisions of this Act also have been incorporated into the Foreign Relations Reauthorization bill. Mr. Speaker, the Lukashenka regime's continuing suppression of the longsuffering Belarusian people underscores the need for the Belarus Democracy Act and other efforts--including within the OSCE--to restore respect for human rights and institutions of democratic governance.
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hearing
Arming Rogue Regimes: The Role of OSCE Participating States
Thursday, June 05, 2003The hearing will consider the efforts to curb the spread of deadly weapons and related militarily significant technology and equipment to dangerous regimes around the world. Rather than focus on the efforts by these regimes to acquire the material, we want to examine the capacity and willingness of participating States in the OSCE to be their source. The end of the Cold War left some states, especially those of the former Warsaw Pact, with huge stockpiles of military hardware, while economic downturns made their military industries and research institutes desperate for funds. The United States has encouraged these countries to maintain tight control over surplus equipment and convert the factories into industrial production. Still, several countries remain vulnerable to the lure of responding to the demand, even from rogue states and regimes, for weapons of mass destruction, delivery system, and small arms or light weapons.
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statement
Human Rights in Belarus and Russia
Friday, May 09, 2003Mr. Speaker, as Co-Chairman of the Organization on Security and Cooperation in Europe, I have followed with particular concern both the deadly climate in Chechnya and the deterioration of human rights in Belarus. Such violations of basic human rights deserve focused criticism, and it is appropriate that the agenda of the United Nations Commission on Human Rights included resolutions on each situation. On April 17, the U.N. Commission voted 23-14 with 16 abstentions to approve a U.S.-cosponsored resolution urging the Belarusian authorities to investigate "fully and impartially" credible reports that senior government officials were involved in the disappearances in 1999 and 2000 of leading opposition figures and a journalist. I have followed these cases closely and have become increasingly frustrated at the Belarusian regime's intransigence in meaningfully investigating these disappearances. Here in Washington and at OSCE Parliamentary Assembly meetings in Paris and Berlin, I have had occasion to meet with the wives of the disappeared. These meetings have been heart-wrenching. The cases of their husbands--who disappeared in 1999 and 2000 and are presumed to have been murdered--offer a chilling glimpse into the nature of the regime of Belarusian dictator Alexander Lukashenka, a regime that has the worst human rights record in Europe today. In February, I introduced H.R. 854, the Belarus Democracy Act, designed to bolster democratic development in that beleaguered country, and I am pleased that the State Department authorization bill approved yesterday by the House International Relations Committee includes key provisions of the Belarus Democracy Act. This bill encourages sanctions against the Belarusian regime until certain conditions are met, including a full accounting of these tragic disappearances. The Belarusian people deserve to live in a society where democratic principles and human rights are respected and the rule of law is paramount, and I believe that the passage of the U.N. Human Rights Commission resolution is an important step towards that end. Mr. Speaker, I wish I could report that the U.N. Commission on Human Rights had acted with equal conscience on the issue of Chechnya. We all know the desperate human rights situation in that war-torn region of the Russian Federation. Since the Chechen war reignited in 1999, international and domestic Russian human rights organizations have documented the disproportionate and indiscriminate use of force by elements of the Russian military, as well as extrajudicial killings, abuse of prisoners, kidnaping, rape, and extortion of civilians. According to official statistics, 2,800 persons are missing in Chechnya; mutilated bodies of young Chechen males turn up almost daily. A representative of the respected human rights organization Memorial reported at a recent Helsinki Commission briefing that "one of the recent tendencies is to explode the corpses" in order to prevent identification. Needless to say, all of this is in clear violation of the Geneva Convention and the OSCE Code of Conduct during internal conflicts. What's left of the Chechen capital of Grozny after Russian artillery shelling has been compared to the ruins of Stalingrad in 1943. According to the U.N., there are 92,000 internally displaced persons forced to flee from the fighting, with around 17,000 living in tent camps in neighboring Ingushetia. Chechen forces are not entirely blameless. There are credible reports of their executing prisoners and using non-combatants as human shields. They have also assassinated pro-Moscow Chechen officials. The U.S. Government has placed three militant groups involved in the Chechen resistance on its list of terrorist groups. Still, is this an excuse for Russia's savage war against the civilian population? Despite all the documentation and eyewitness testimony on egregious human rights violations committed in Chechnya, the Commission on Human Rights rejected by a vote of 15-21 an even-handed European Union resolution expressing deep concern at the reported ongoing violations of international law in Chechnya. I note that the U.S. delegation did not cosponsor the resolution, though it did support it when the measure came to a vote. We should not be surprised that China, Sudan and Zimbabwe voted against the resolution. I do find it disconcerting, though, that the delegations of Armenia and Ukraine are in that less than distinguished company. Ambassador Jean Kirkpatrick, Head of the U.S. Delegation to the U.N. Commission noted: "The United States believes it important that the Commission address the serious human rights abuses that have occurred in Chechnya. We recognize Russia's right to defend its territorial integrity and itself against terrorism. The broader conflict in Chechnya cannot be resolved militarily and requires a political solution. Human rights violations by Russian forces in Chechnya need to be curtailed, and abusers held accountable." So the people of Chechnya continue to suffer, and the U.N. Commission on Human Rights looks the other way.
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statement
Regime Targets Independent Media in Belarus
Friday, April 11, 2003Madam President, recently I introduced S. 700, the Belarus Democracy Act, a bipartisan initiative aimed at supporting democratic forces in the Republic of Belarus. As co-chairman of the Commission on Security and Cooperation in Europe, I want to report to my colleagues on the pressures faced by independent media in that country. The Committee to Protect Journalists (CPJ) has just released their annual report documenting the dangers journalists face around the world, including Belarus. In May of 2002, CPJ named Belarus one of the 10 worst places in the world to be a journalist due to the worsening repression under Europe's most authoritarian regime. Throughout the year the situation of the country's independent media deteriorated as Belarusian leader Aleksander Lukashenka mounted a comprehensive assault on all independent and opposition press. While criminal libel laws had been on the books since 1999, they were not used by the Government until 2002. The law stipulates that public insults or libel against the President may be punished by up to 4 years in prison, 2 years in a labor camp, or by large fine. Articles in the criminal code which prohibit slandering and insulting the President or government officials are also used to stifle press freedom. The criminal code provides for a maximum penalty of 5 years imprisonment for such offenses. Journalists critical of the fall 2001 presidential elections were targeted. Mikola Markevich and Pavel Mazheyka of Pahonya and Viktar Ivashkevich of of Rabochy were sentenced to corrective labor for "libeling" the President in pre-election articles. On March 4, a district court in Belarus commuted Mikola Markevich's sentence from time in a corrective labor facility to "corrective labor at home." On March 21, a district court released Pavel Mazheyka on parole. Under Belarus law, prisoners may be released on parole after serving half term there. Other charges were leveled later in the year against a woman who distributed anti-Lukashenka flyers, an opposition politician for libeling the President in a published statement, and a Belarusskaya Delovaya Gazeta reporter for criticizing the Prosecutor General of Belarus. A former lawyer for the mother of disappeared cameraman Dmitry Zavadsky received a one-and-a-half year prison sentence suspended for 2 years for libeling the Prosecutor General. Last August the independent newspaper Nasha Svaboda was fined 100 million Belarusian rubles for civil libel of the chairman of the State Control Committee. The paper closed when it could not pay the fine. There are other forms of pressure and harassment as well. The CPJ report notes the financial discrimination faced by non-state media, including pressure from government officials on potential advertisers not to buy space in publications that criticize Lukashenka and his regime. Government officials also regularly encourage companies to pull advertising and threaten them with audits should they fail to do so, according to CPJ. When the Belasrusian Government increased newspaper delivery rates, only nongovernmental papers had to pay. When the Minsk City Council of Deputies levied 5 percent tax on newspapers, government papers were again exempt. Such tactics caused such independents as the Belaruskaya Maladzyozhnaya, Rabochy, Den and Tydnyovik Mahilyouski to go under. According to the State Department's recently released County Reports on Human Rights Practices "the regime continued to use its near-monopolies on newsprint production, newspaper printing and distribution, and national television and radio broadcasts to restrict dissemination of opposition viewpoints." Madam President, I urge my colleagues to support S. 700, the Belarus Democracy Act, in support of those brave individuals in Belarus, including representatives of independent media, who speak out in defense of human rights and democracy in a nation which enjoys neither.
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statement
Belarus Democracy Act 2003
Tuesday, March 25, 2003Mr. President, as Co-Chairman of the Commission on Security and Cooperation in Europe, I have closely monitored developments in the Republic of Belarus and informed my Senate colleagues of disturbing trends in that nation. I have met with members of the fledgling democratic opposition who, at great personal risk, dare to speak out against the repressive regime led by Alexander Lukashenka. I have met with the courageous wives whose husbands disappeared because they stood up to the regime and would not be silent. Against the backdrop of this climate of fear, the powers of the state have been brought to bear against independent journalists, trade unionists, and other voices of dissent. Increasingly, Belarus has been driven into self-imposed isolation under Lukashenka devoid of legitimate leadership or accountability. A little over a year ago I addressed the Senate to voice concern over reported arms deals between the regime and rouge states, including Iraq. It appears that such sales have taken on greater importance as the Belarusian economy spirals downward. Mr. President, while some might be tempted to dismiss Belarus as an anomaly, the stakes are too high and the costs too great to ignore. Accordingly, today, I am introducing the Belarus Democracy Act of 2003, which is designed to help put an end to repression and human rights violations in Belarus and to promote Belarus’ entry into a democratic Euro-Atlantic community of nations. As a participating State in the Organization for Security and Cooperation in Europe (OSCE), Belarus has accepted a series of norms in the areas of democracy, human rights and the rule of law. As Europe’s last dictator, Lukashenka continues to brashly trample the fundamental rights of his own people and their culture. As I alluded to earlier, independent media, non-governmental organizations, trade unions and the democratic opposition have had to operate under extremely difficult conditions, often facing serious mistreatment and an orchestrated campaign of harassment. Despite the repressions there are courageous individuals who support democracy have not been silenced. Two weeks ago, for example, Alexander Yarashuk, the leader of the Belarusian Congress of Democratic Trade Unions, called on Lukashenka to immediately cease backing Saddam. Moreover, just last week, on March 12, thousands gathered peacefully in a central Minsk square to protest deteriorating economic and social conditions in Belarus. Four of the rally’s organizers – Andrei Sannikov, Ludmila Gryaznova, Dmitry Bondarenko and Leonid Malakhov – were given 15 day jail sentences for “participation in unauthorized mass actions.” Despite calls for change within Belarus, and considerable prodding from the international community, Lukashenka has shown no desire to deviate from his path of authoritarianism and personal profit at the expense of his own people. A few months ago, Lukashenka, who effectively controls the Belarusian parliament, signed into laws a new, repressive religion law. Local elections held earlier this month followed the pattern of Belarus’ 2000 parliamentary and 2001 presidential elections – they were a joke. Control of election commissions, denials of registration for opposition candidates, “early voting” and outright falsifications were the norm. Mr. President, the Belarus Democracy Act of 2003 would authorize additional assistance for democracy-building activities such as support for NGOs, independent media, including radio and television broadcasting to Belarus, and international exchanges. It also encourages free and fair parliamentary elections, which have been notably absent in Belarus. This bill would also deny high-ranking officials of the Lukashenka regime entry into the United States. Additionally, strategic exports to the Belarusian Government would be prohibited, as well as U.S. Government financing, except for humanitarian goods and agricultural or medical products. The U.S. executive directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance for humanitarian needs. The bill would also require reports from the President concerning the sale of delivery of weapons or weapons-related technologies from Belarus to rogue states, including Iraq and North Korea. I am very pleased that the Ranking Member of the Committee on Foreign Relations, Senator Biden, is an original cosponsor of this measure. His support will ensure that we proceed on a bipartisan basis as we work to ensure the timely adoption and implementation of this legislation. Mr. President, the goal of the Belarus Democracy Act is to assist Belarus in becoming a genuine European state, in which respect for human rights and democracy is the norm and in which the long-suffering Belarusian people are able to overcome the legacy of dictatorship – past and present. Adoption and implementation of the Belarus Democracy Act will offer a ray of hope that the current period of political, economic and social stagnation will indeed end. The people of Belarus deserve a chance for a brighter future free of repression and fear. I ask unanimous consent that the text of the Belarus Democracy Act be printed in the Record. There being no objection, the bill was ordered to be printed in the Record, as follows: S. 700 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Belarus Democracy Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States supports the promotion of democracy, respect for human rights, and the rule of law in the Republic of Belarus consistent with its commitments as a participating state of the Organization for Security and Cooperation in Europe (OSCE). (2) The United States has a vital interest in the independence and sovereignty of the Republic of Belarus and its integration into the European community of democracies. (3) The last parliamentary election in Belarus deemed to be free and fair by the international community was conducted in 1995 from which emerged the 13th Supreme Soviet whose democratically and constitutionally derived authorities and powers have been usurped by the authoritarian regime of Belarus President Aleksandr Lukashenka. (4) In November 1996, Lukashenka orchestrated an illegal and unconstitutional referendum that enabled him to impose a new constitution, abolish the duly-elected parliament, the 13th Supreme Soviet, install a largely powerless National Assembly, and extend his term of office to 2001. (5) In May 1999, democratic forces in Belarus challenged Lukashenka's unconstitutional extension of his presidential term by staging alternative presidential elections which were met with repression. (6) Democratic forces in Belarus have organized peaceful demonstrations against the Lukashenka regime in cities and towns throughout Belarus which led to beatings, mass arrests, and extended incarcerations. (7) Victor Gonchar, Anatoly Krasovsky, and Yuri Zakharenka, who have been leaders and supporters of the democratic forces in Belarus, and Dmitry Zavadsky, a journalist known for his critical reporting in Belarus, have disappeared and are presumed dead. (8) Former Belarus Government officials have come forward with credible allegations and evidence that top officials of the Lukashenka regime were involved in the disappearances. (9) The Lukashenka regime systematically harasses and represses the independent media and independent trade unions, imprisons independent journalists, and actively suppresses freedom of speech and expression. (10) The Lukashenka regime harasses the autocephalic Belarusian Orthodox Church, the Roman Catholic Church, the Jewish community, the Hindu Lights of Kalyasa community, evangelical Protestant churches (such as Baptist and Pentecostal groups), and other minority religious groups. (11) The Law on Religious Freedom and Religious Organizations, passed by the National Assembly and signed by Lukashenka on October 31, 2002, establishes one of the most repressive legal regimes in the OSCE region, severely limiting religious freedom and placing excessively burdensome government controls on religious practice. (12) The United States, the European Union, the North Atlantic Treaty Organization (NATO) Parliamentary Assembly, and the OSCE Parliamentary Assembly have not recognized the National Assembly. (13) The parliamentary elections of October 15, 2000, conducted in the absence of a democratic election law, were illegitimate, unconstitutional, and plagued by violent human rights abuses committed by the Lukashenka regime, and have been determined by the OSCE to be nondemocratic. (14) The presidential election of September 9, 2001, was determined by the OSCE and other observers to be fundamentally unfair, to have failed to meet OSCE commitments for democratic elections formulated in the 1990 Copenhagen Document, and to have featured significant and abusive misconduct by the Lukashenka regime, including-- (A) the harassment, arrest, and imprisonment of opposition members; (B) the denial of equal and fair access by opposition candidates to state-controlled media; (C) the seizure of equipment and property of independent nongovernmental organizations and press organizations, and the harassment of their staff and management; (D) voting and vote counting procedures that were not transparent; and (E) a campaign of intimidation directed against opposition activists, domestic election observation organizations, and opposition and independent media, and a libelous media campaign against international observers. SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS. (a) PURPOSES OF ASSISTANCE.--Assistance under this section shall be available for the following purposes: (1) To assist the people of the Republic of Belarus in regaining their freedom and to enable them to join the European community of democracies. (2) To encourage free and fair presidential, parliamentary, and local elections in Belarus, conducted in a manner consistent with internationally accepted standards and under the supervision of internationally recognized observers. (3) To assist in restoring and strengthening institutions of democratic governance in Belarus. (b) AUTHORIZATION FOR ASSISTANCE.--To carry out the purposes set forth in subsection (a), the President is authorized to furnish assistance and other support for the activities described in subsection (c), to be provided primarily for indigenous groups in Belarus that are committed to the support of democratic processes in Belarus. (c) ACTIVITIES SUPPORTED.--Activities that may be supported by assistance under subsection (b) include-- (1) the observation of elections and the promotion of free and fair electoral processes; (2) the development of democratic political parties; (3) radio and television broadcasting to and within Belarus; (4) the development of nongovernmental organizations promoting democracy and supporting human rights; (5) the development of independent media working within Belarus and from locations outside Belarus, and supported by non-state-controlled printing facilities; (6) international exchanges and advanced professional training programs for leaders and members of the democratic forces in matters central to the development of civil society; and (7) other activities consistent with the purposes of this Act. (d) AUTHORIZATION OF APPROPRIATIONS.-- (1) IN GENERAL.--There is authorized to be appropriated to the President to carry out this section $40,000,000 for fiscal years 2004 and 2005. (2) AVAILABILITY OF FUNDS.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. SEC. 4. RADIO BROADCASTING TO BELARUS. (a) PURPOSE.--It is the purpose of this section to authorize increased support for United States Government and surrogate radio broadcasting to the Republic of Belarus that will facilitate the unhindered dissemination of information in Belarus. (b) AUTHORIZATION OF APPROPRIATIONS.--In addition to such sums as are otherwise authorized to be appropriated, there is authorized to be appropriated $5,000,000 for each fiscal year for Voice of America and RFE/RL, Incorporated for radio broadcasting to the people of Belarus in languages spoken in Belarus. (c) REPORT ON RADIO BROADCASTING TO AND IN BELARUS.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on how funds appropriated and allocated pursuant to the authorizations of appropriations under subsection (b) and section 3(d) will be used to provide AM and FM broadcasting that covers the territory of Belarus and delivers independent and uncensored programming. SEC. 5. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS. (a) APPLICATION OF SANCTIONS.--The sanctions described in subsections (c) and (d), and any sanction imposed under subsection (e) or (f), shall apply with respect to the Republic of Belarus until the President determines and certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the conditions described in subsection (b). (b) CONDITIONS.--The conditions referred to in subsection (a) are the following: (1) The release of individuals in Belarus who have been jailed based on political or religious beliefs. (2) The withdrawal of politically motivated legal charges against all opposition figures and independent journalists in Belarus. (3) A full accounting of the disappearances of opposition leaders and journalists in Belarus, including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the prosecution of the individuals who are responsible for their disappearances. (4) The cessation of all forms of harassment and repression against the independent media, independent trade unions, nongovernmental organizations, religious organizations (including their leadership and members), and the political opposition in Belarus. (5) The implementation of free and fair presidential and parliamentary elections in Belarus consistent with Organization for Security and Cooperation in Europe (OSCE) standards on democratic elections and in cooperation with relevant OSCE institutions. (c) PROHIBITION ON STRATEGIC EXPORTS TO BELARUS.-- (1) PROHIBITION.--No computers, computer software, goods, or technology intended to manufacture or service computers, or any other related goods or technology, may be exported to Belarus for use by the Government of Belarus, or by its military, police, prison system, or national security agencies. The prohibition in the preceding sentence shall not apply with respect to the export of goods or technology for democracy-building or humanitarian purposes. (2) RULE OF CONSTRUCTION.--Nothing in this subsection shall prevent the issuance of licenses to ensure the safety of civil aviation and safe operation of commercial passenger aircraft of United States origin or to ensure the safety of ocean-going maritime traffic in international waters. (d) PROHIBITION ON LOANS AND INVESTMENT.-- (1) UNITED STATES GOVERNMENT FINANCING.--No loan, credit guarantee, insurance, financing, or other similar financial assistance may be extended by any agency of the United States Government (including the Export-Import Bank and the Overseas Private Investment Corporation) to the Government of Belarus, except with respect to the provision of humanitarian goods and agricultural or medical products. (2) TRADE AND DEVELOPMENT AGENCY.--No funds available to the Trade and Development Agency may be available for activities of the Agency in or for Belarus. (e) DENIAL OF ENTRY INTO UNITED STATES OF CERTAIN BELARUS OFFICIALS.-- (1) DENIAL OF ENTRY.--It is the sense of Congress that, in addition to the sanctions provided for in subsections (c) and (d), the President should use the authority under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) to deny the entry into the United States of any alien who-- (A) holds a position in the senior leadership of the Government of Belarus; or (B) is a spouse, minor child, or agent of a person described in subparagraph (A). (2) SENIOR LEADERSHIP OF THE GOVERNMENT OF BELARUS DEFINED.--In this subsection, the term ``senior leadership of the Government of Belarus'' includes-- (A) the President, Prime Minister, Deputy Prime Ministers, government ministers, Chairmen of State Committees, and members of the Presidential Administration of Belarus; (B) any official of the Government of Belarus who is personally and substantially involved in the suppression of freedom in Belarus, including judges and prosecutors; and (C) any other individual determined by the Secretary of State (or the Secretary's designee) to be personally and substantially involved in the formulation or execution of the policies of the Lukashenka regime in Belarus that are in contradiction of internationally recognized human rights standards. (f) MULTILATERAL FINANCIAL ASSISTANCE.--It is the sense of Congress that, in addition to the sanctions provided for in subsections (c) and (d), the Secretary of the Treasury should instruct the United States Executive Director of each international financial institution to which the United States is a member to use the voice and vote of the United States to oppose any extension by those institutions of any financial assistance (including any technical assistance or grant) of any kind to the Government of Belarus, except for loans and assistance that serve humanitarian needs. (g) WAIVER.--The President may waive the application of any sanction described in this section with respect to Belarus if the President determines and certifies to the appropriate congressional committees that it is important to the national interests of the United States to do so. SEC. 6. MULTILATERAL COOPERATION. It is the sense of Congress that the President should continue to seek to coordinate with other countries, particularly European countries, a comprehensive, multilateral strategy to further the purposes of this Act, including, as appropriate, encouraging other countries to take measures with respect to the Republic of Belarus that are similar to measures provided for in this Act. SEC. 7. ANNUAL REPORTS. (a) REPORTS.--Not later than 90 days after the date of the enactment of this Act, and every year thereafter, the President shall transmit to the appropriate congressional committees a report that describes, with respect to the preceding 12-month period, the following: (1) The sale or delivery of weapons or weapons-related technologies from the Republic of Belarus to any country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly provided support for acts of international terrorism. (2) An identification of each country described in paragraph (1) and a detailed description of the weapons or weapons-related technologies involved in the sale. (3) An identification of the goods, services, credits, or other consideration received by Belarus in exchange for the weapons or weapons-related technologies. (4) The personal assets and wealth of Aleksandr Lukashenka and other senior leadership of the Government of Belarus. (b) FORM.--A report transmitted pursuant to subsection (a) shall be in unclassified form but may contain a classified annex. SEC. 8. DECLARATION OF POLICY. Congress hereby-- (1) expresses its support to those in the Republic of Belarus seeking-- (A) to promote democracy, human rights, and the rule of law and to consolidate the independence and sovereignty of Belarus; and (B) to promote the integration of Belarus into the European community of democracies; (2) expresses its grave concern about the disappearances of Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky; (3) calls upon the Lukashenka regime in Belarus to cease its persecution of political opponents or independent journalists and to release those individuals who have been imprisoned for opposing his regime or for exercising their right to freedom of speech; (4) calls upon the Lukashenka regime to end the pattern of clear, gross, and uncorrected violations of relevant human dimension commitments of the Organization for Security and Cooperation in Europe (OSCE), and to respect the basic freedoms of speech, expression, assembly, association, language, culture, and religion or belief; (5) calls upon the Government of the Russian Federation to use its influence to encourage democratic development in Belarus so that Belarus can become a democratic, prosperous, sovereign, and independent state that is integrated into Europe; (6) calls upon the Government of Belarus to resolve the continuing constitutional and political crisis in Belarus through-- (A) free, fair, and transparent presidential and parliamentary elections in Belarus, as called for by the OSCE; (B) respect for human rights in Belarus; (C) an end to the current climate of fear in Belarus; (D) meaningful access by the opposition to state media in Belarus; (E) modification of the electoral code of Belarus in keeping with OSCE commitments; (F) engagement in genuine talks with the opposition in Belarus; and (G) modifications of the constitution of Belarus to allow for genuine authority for the parliament; and (7) commends the democratic opposition in Belarus for their commitment to freedom, their courage in the face of the repression of the Lukashenka regime, and the emergence of a pluralist civil society in Belarus--the foundation for the development of democratic political structures. SEC. 9. DEFINITION. In this Act, the term "appropriate congressional committees'' means-- (1) the Committee on International Relations of the House of Representatives; and (2) the Committee on Foreign Relations of the Senate.
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statement
Introduction of Belarus Democracy Act 2003
Thursday, February 13, 2003Mr. Speaker, today I am introducing the Belarus Democracy Act of 2003, which is intended to help promote democratic development, human rights and the rule of law in the Republic of Belarus , as well as encourage the consolidation and strengthening of Belarus' sovereignty and independence. I am joined by Congressmen HOYER, HOEFFEL and Congresswoman Slaughter, as original cosponsors. When measured against other European countries, the state of human rights in Belarus is abysmal--it has the worst record of any European state. Through an illegitimate 1996 referendum, Alexander Lukashenka usurped power, while suppressing the duly-elected legislature and the judiciary. His regime has repeatedly violated basic freedoms of speech, expression, assembly, association and religion. The democratic opposition, nongovernmental organizations and independent media have all faced harassment. Just within the last few months, we have seen a number of events reflecting the negative trend line: the passage of a repressive law on religion which bans religious activity by groups not registered with the government and forbids most religious meetings on private property; the bulldozing of a newly-built church; the incarceration of leading independent journalists; and the continued harassment, as well as physical attacks on the political opposition, independent media and non-governmental organizations--in short, anyone who, through their promotion of democracy , would stand in the way of the Belarusian dictator. Moreover, we have seen no progress on the investigation of the disappearances of political opponents--perhaps not surprisingly, as credible evidence points at the involvement of the Lukashenka regime in their murders. Furthermore, growing evidence also indicates Belarus has been supplying military training and weapons to Iraq, in violation of UN sanctions. Despite efforts by the U.S. Government, non-govermental organizations, the Organization for Security and Cooperation in Europe (OSCE) and other European organizations, the regime of Alexander Lukashenka continues its hold onto power with impunity and to the detriment of the Belarusian people. One of the primary purposes of this bill is to demonstrate U.S. support for those struggling to promote democracy and respect for human rights in Belarus despite the formidable pressures they face from the anti-democratic regime. The bill authorizes increases in assistance for democracy building activities such as support for non-governmental organizations, independent media including radio and television broadcasting to Belarus , and international exchanges. The bill also encourages free and fair parliamentary elections, conducted in a manner consistent with international standards--in sharp contrast to recent parliamentary and presidential elections in Belarus which flaunted democratic standards. As a result of these elections, Belarus has the distinction of lacking legitimate presidential [Page: E242] GPO's PDF and parliamentary leadership, which contributes to that country's self-imposed isolation. In addition, this bill would impose sanctions against the Lukashenka regime, and deny highranking officials of the regime entry into the United States. Strategic exports to the Belarusian Government would be prohibited, as well as U.S. Government financing, except for humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs. The bill would require reports from the President concerning the sale or delivery of weapons or weapons-related technologies from Belarus to rogue states. Mr. Speaker, finally, it is my hope that this bill would help put an end to the pattern of clear, gross and uncorrected violations of OSCE commitments by the Lukashenka regime and will serve as a catalyst to facilitate Belaras' integration into democratic Europe in which democratic principles and human rights are respected and the rule of law is paramount. The Belarusian people deserve our support as they work to overcome the legacy of the past and develop a genuinely independent, democratic country based on the rule of law and democratic institutions.
Mr. Speaker, on Sunday, March 25, Belarusian-Americans commemorated Belarusian Independence Day. On that date in 1918, during World War I, the Belarusian National Republic was declared. Although independence was short-lived and Belarus forcibly subjected to Soviet rule, it did mark an historically significant milestone in the aspirations of the Belarusian people for freedom and their own unique identity.
While Belarus became independent in 1991 with the dissolution of the Soviet Union, this independence today is under threat thanks to the dictatorial rule of Alexander Lukashenka, who has relentlessly squelched dissent, strangled democratic institutions and the rule of law, stifled human rights and political liberties, and refused to reform the Soviet-type state-dominated economy. This has made Belarus dangerously vulnerable to Russian influence and has greatly weakened its prospects for integration into the European family of nations.
The brutal crackdown that began 15 months ago with the fraudulent December 19, 2010 election persists. Its most recent manifestation is the barring of numerous opposition leaders, human rights activists and independent journalists from traveling abroad--yet another in a litany of violations of Belarus' OSCE commitments. Especially egregious is the continued imprisonment of democratic opposition leaders and activists, and human rights defenders Andrei Sannikau, Mikalai Statekevich, Zmitser Bandarenka, Ales Byalyatski, Syarhei Kavalenka, Zmitser Dashkevich, Pavel Seviarynets, and others, many of whom face inhumane conditions in detention. I'd like to add my voice to those of countless Belarusians and Belarusian-Americans calling for the immediate and unconditional release of all political prisoners in Belarus.
Mr. Speaker, in January the President signed into law the Belarus Democracy and Human Rights Act of 2011, which I authored. This law strengthens, in view of Lukashenka's crackdown, two earlier laws I wrote promoting democracy and supporting the Belarusian people in their struggle to replace the Lukashenka dictatorship with a representative government that will respect human rights and democratic values. But Congress's efforts on behalf of the Belarusian people can't end there--I'd like to ask my colleagues to continue to raise Belarusian human rights issues with the administration, with foreign parliamentarians, and, whenever we encounter them, with officials of the Lukashenka dictatorship.