Constitutional Impasse Continues in Belarus

Constitutional Impasse Continues in Belarus

Hon.
Christopher H. Smith
United States
House of Representatives
106th Congress Congress
First Session Session
Tuesday, May 25, 1999

Mr. Speaker, on May 16, the alternative Presidential election concluded in Belarus within the timeframe envisioned by the legitimate 1994 Constitution. While the opposition Central Election Commission (CEC) concluded that the final results of the voting were invalid because of various violations deriving from the impediments placed by Belarusian authorities, the ballot served as an important barometer of democratic engagement by the citizens of Belarus.

In the months leading up to the election, President Alyaksandr Lukashenka had imprisoned one of the two Presidential candidates, former Prime Minister Mikhail Chygir, on what were clearly politically motivated charges, arrested hundreds of election officials and volunteers, and instituted administrative proceedings against others. Nevertheless, the authorities were unable to thwart the election in at least one critically important respect, according to the opposition CEC, the voting itself was valid because more than half, or 53 percent of the electorate, participated. When one considers that these were unsanctioned elections that challenged Lukashenka's legitimacy, this is a substantial number of people.

No matter what the imperfections, Mr. Speaker, the opposition's electoral initiative should send a powerful message to Lukashenka. Clearly, an appreciable number of Belarusian citizens are dissatisfied with the profoundly negative political and socio-economic fallout stemming from his dictatorial inclinations and misguided nostalgia for the Soviet past or some misty “Slavic Union.” The vote highlights the constitutional and political impasse created by Lukashenka's illegitimate 1996 constitutional referendum, in which he extended his personal power, disbanded the duly elected 13th Supreme Soviet, and created a new legislature and constitutional court subservient to him.

Last month, the Commission on Security and Cooperation in Europe (Helsinki Commission), which I chair, held a hearing on the situation in Belarus, with a view toward promoting human rights and democracy there. Testimony from the State Department, OSCE mission in Belarus, the Belarusian democratic opposition and several human rights NGOs all reaffirmed that Belarus is missing out on what one witness characterized as “the great market democratic revolution that is sweeping Central and Eastern Europe and Eurasia” because of Lukashenka's power grab and backsliding on human rights and democracy.

Despite repeated calls from the international community, including the Helsinki Commission, for Lukashenka to cease harassment of the opposition, NGO's and the independent media; allow the opposition access to the electronic media; create the conditions for free and fair elections and strengthen the rule of law, we have failed to see progress in these areas. Indeed, we see more evidence of reversals. Earlier this year, for example, Lukashenka signed a decree which introduces extensive restrictions on non-governmental activity and mandates re-registration, by July 1, of political parties, NGOs and trade unions. The decree, which among other onerous stipulations requires that organizations acknowledge the results of Lukashenka's illegitimate 1996 referendum, is clearly designed to destroy democratic civil society in Belarus and further consolidate Lukashenka's repressive rule. Moreover, within the last few months, several disturbing incidents have occurred, among them the March arrests of Viktor Gonchar, Chairman of the opposition CEC, and the Chygir imprisonment, as well as the mysterious disappearances of Tamara Vinnikova, former chair of the National Bank of Belarus and, on May 10, Gen. Yuri Zakharenko, former Interior Minister and a leading opponent of Lukashenka. Just a few days ago, Lukashenka's government announced that no more foreign priests will be allowed to serve in Belarus, making it extremely difficult for the Roman Catholic Church, which is rebuilding following the travails of the Soviet era, to function.

Mr. Speaker, I strongly urge the Belarusian Government to comply with its freely undertaken commitments under the Helsinki Final Act and subsequent OSCE agreements and to immediately, without preconditions, convene a genuine dialog with the country's democratic forces and with the long-suffering Belarusian people.

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    WASHINGTON—At its March 18 hearing on “Northern Ireland: Stormont, Collusion, and the Finucane Inquiry,” the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, reviewed ongoing efforts for accountability, justice, and reconciliation in Northern Ireland.   Witness testimony focused on the provisions of the December 2014 Stormont House Agreement, especially those aspects addressing government collusion in paramilitary crimes, and the long-promised inquiry into the 1989 murder of human rights lawyer Patrick Finucane. “For years, British officials denied collusion in crimes committed by paramilitaries,” said Helsinki Commission Chair Rep. Chris Smith (NJ-04). “In recent years, evidence has mounted that its security services enabled or had advance knowledge of a substantial number of paramilitary murders. We hope to find out what the British government has done in response.” “The many previous denials [by the British government] and the time that has passed in the Finucane case have drained public confidence in the peace process and diminished respect for the rule of law in Northern Ireland,” Chairman Smith continued. “There are those who oppose the peace process and their opposition is dangerous. The failure to address the case of Patrick Finucane in the manner promised by the British government provides a readily available propaganda tool for those who would abuse it to further their own ends.” “Many people in Ireland lack confidence in the establishment and are slow to accept that things have really changed,” said Mrs. Geraldine Finucane, widow of Patrick Finucane. “One of the examples that is often pointed to as a reason for this mistrust of the establishment is the lack of an inquiry in Pat’s case, despite the truly shocking revelations of several major investigations … it is clear that the British Government is fighting against the prospect of full and public accountability for its actions.” “It was quite a formidable political achievement to achieve consensus on the…Stormont House Agreement,” said Professor Kieran McEvoy, Queen’s University School of Law, Belfast. “If the political will exists from the different political actors, and that will is translated into robust legislation designed to maximize the effectiveness of the different mechanisms, the Stormont House Agreement does provide a roadmap to make significant progress in dealing with the past in Northern Ireland.” “Most of the families we [at the Pat Finucane Center] represent realize that seeing anyone brought to court for the crimes…is beyond their reach,” said Anne Cadwallader, author of Lethal Allies: British Collusion in Ireland.  “They are, however, full of steely determination that the truth should be told.  They hope that this will ensure that those responsible for taking similar decisions will never again collude in the deaths of the citizens they are meant to protect.” Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Rep. Robert Aderholt (AL-04), Rep. Joseph Crowley (NY-14), Rep. Bill Keating (MA-09), and Rep. Brendan Boyle (PA-13).

  • Helsinki Commission to Hold Hearing on Northern Ireland: The Stormont House Agreement, Collusion, and the Finucane Inquiry

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Northern Ireland: Stormont, Collusion, and the Finucane Inquiry” Wednesday, March 18 2:00PM Rayburn House Office Building Room 2175 The Helsinki Commission hearing will review progress toward holding individuals accountable for past injustices in Northern Ireland. This will include the December 2014 Stormont House Agreement, as well as government collusion in paramilitary crimes, and the long-promised—but not yet delivered—inquiry into the murder of human rights lawyer Patrick Finucane. In the December 2014 Stormont House Agreement, the parties of the Northern Ireland Executive and the British and Irish governments agreed on a process to resolve a number of outstanding issues in Northern Ireland. These include accountability for past injustices, or what has become known as “dealing with the past.” The success of the process is far from assured, and the hearing will investigate its prospects, and help determine how the US government can best support its implementation. The hearing will examine other issues of accountability for past government collusion in paramilitary crimes. This will include the Finucane case: as part of the Good Friday Agreement, the government of the United Kingdom solemnly committed to conducting a public, independent judicial inquiry into its collusion in Mr. Finucane’s murder. Yet 17 years after the accord and 26 years after Mr. Finucane’s death, the British government has not yet conducted the promised inquiry. The following witnesses are scheduled to testify: Anne Cadwallader, author, Lethal Allies: British Collusion in Ireland Mrs. Geraldine Finucane, widow of murdered human rights lawyer Patrick Finucane Professor Kieran McEvoy, Queen’s University School of Law, Belfast, Northern Ireland

  • Chairman Smith Condemns Brutal Murder of Former Russian Deputy Prime Minister Boris Nemtsov

    WASHINGTON—Following tonight’s reports of the shooting death of peaceful opposition leader and former Russian Deputy Prime Minister Boris Nemtsov in Moscow, Helsinki Commission Chairman Chris Smith (NJ-04) issued the following statement:   “I condemn the brutal slaying of Boris Nemtsov in the strongest terms possible. The gangland-style murder of a leading Russian dissident on the streets of Moscow raises the question of whether bullets have replaced the ballot box in Russia, and whether any peaceful opposition voice is safe. We mourn Mr. Nemtsov’s death and send our deepest condolences to his family and friends.” According to Russian officials, Mr. Nemtsov was shot four times in the back on a street near the Kremlin. A leader of Russia’s political opposition, he was a co-founder of Solidarity and a key organizer of a scheduled March 1 protest in Moscow. Mr. Nemtsov served as First Deputy Prime Minister of Russia under President Boris Yeltsin. He spoke at a Helsinki Commission event in Washington in November 2010 at the world premiere of the film “Justice for Sergei.”

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