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Helsinki Commissioners Active at Parliamentary Assembly Winter Meeting
Tuesday, April 20, 2004Approximately 250 parliamentarians from 50 OSCE participating States met February 19-20 in Vienna for the third annual Winter Meeting of the OSCE Parliamentary Assembly. The United States delegation was headed by Rep. Christopher H. Smith (R-NJ), Chairman of the United States Helsinki Commission. Also participating were Ranking House Member Rep. Benjamin L. Cardin (D-MD) and Commissioner Rep. Alcee L. Hastings (D-FL). Former Commission Chairman Rep. Steny H. Hoyer (D-MD) also attended. At the Vienna Meeting, OSCE PA President Bruce George appointed Chairman Smith as his Special Representative on Human Trafficking Issues. Smith will serve as the Assembly’s point person for collecting information on human trafficking in the OSCE region; promoting dialogue within the OSCE on how to combat human trafficking; and, advising the Assembly on the development of new anti-trafficking policies. Over the past five years, Chairman Smith has provided considerable leadership in raising human trafficking concerns within the Assembly. In Congress, Smith sponsored the “Victims of Trafficking and Violence Protection Act,” which enables the U.S. Government to prosecute offenders and provides resources to help victims of trafficking rebuild their lives. Ranking House Member Benjamin L. Cardin, who chairs the Assembly’s Committee on Economic Affairs, Science, Technology and Environment, led a panel discussion on economic challenges and opportunities in the Republic of Georgia following the historic “Revolution of the Roses.” OSCE PA Vice-President and Speaker of the Georgian Parliament, Nino Burjanadze, described her experience as Acting President of the country after the resignation of former President Eduard Shevardnadze following flawed elections in late 2003. Speaker Burjanadze stated emphatically that the revolution was unavoidable and inevitable because corruption had been so overwhelming that it was a threat to Georgia’s national security. She reviewed the steps the new government is taking to combat corruption and strengthen democratic institutions and the rule of law. Joining Burjanadze was Ambassador Roy Reeve, Head of the OSCE Mission in Georgia. The Committee was also addressed by the OSCE Coordinator for Economic and Environmental Activities, Dr. Marcin Swiecicki, and Committee Rapporteur Dr. Leonid Ivanchenko. Commissioner Rep. Alcee L. Hastings, who serves as one of nine Assembly Vice Presidents, held a series of meetings with delegations in Vienna in his bid for the presidency of the OSCE PA that will be decided in elections to take place in early July at the Edinburgh Annual Session. Hastings also met with the leadership of the various political groups -- the Conservatives, Greens, Liberals, and Socialists. He discussed his plans for future development of the Assembly and its relationship with the governmental side of the OSCE. Rep. Hoyer chaired the Assembly’s Ad Hoc Committee on Transparency and Accountability, which discussed ways to further improve relations between the parliamentary and governmental parts of the OSCE, including regular access for Ambassador Andreas Nothelle, Permanent OSCE PA Representative in Vienna, to all OSCE meetings. Discussion also focused on streamlining Assembly declarations of the annual sessions as a means of enhancing the OSCE PA’s influence on the work of the Permanent Council in Vienna. The committee concluded that a limited number of recommendations should be included in forthcoming declarations sent to the PC each year, coupled with a significant reduction in preamble language. Members of the U.S. delegation were also briefed by U.S. Ambassador to the OSCE Stephan M. Minikes and Ambassador Andreas Nothelle on issues of concern in Vienna. A bilateral meeting was held with Head of the French delegation Mr. Michel Voisin and French Ambassador to the OSCE Yves Doutriaux to discuss the recent French ban on wearing headscarves, yarmulkes, crucifixes and other obvious religious symbols in public schools. ODIHR Director Ambassador Christian Strohal discussed human dimension issues, including the future of election observations and budget issues, as well as programs dealing with human trafficking and anti-Semitism. Bulgarian Ambassador and Chairman-in-Office Representative Ambassador Ivo Petrov outlined the CiO’s plan for 2004 and issues around the anti-Semitism program and anti-trafficking initiatives. The delegation was also briefed by Helen Santiago Fink of the OSCE Economic Coordinator’s Office, who addressed the economic dimension of trafficking in persons. Dr. Andreas Khol, President of the Austrian Nationalrat, welcomed the opening of the Winter Meeting for its ability to encourage “intensified dialogue and co-operation between the governmental and parliamentary dimensions of the OSCE.” OSCE Chairman-in-Office Dr. Solomon Passy who is Bulgaria’s Foreign Minister gave his overview of the priorities of the Bulgarian Chairmanship for 2004. Other OSCE officials made presentations, including Chair of the Permanent Council and Representative of the Chairman-in-Office Bulgarian Ambassador Ivo Petrov; Chair of the Forum for Security Cooperation, Coordinator for OSCE Economic and Environmental Activities Ambassador Marcin Swiecicki; OSCE High Commissioner for National Minorities Ambassador Rolf Ekééus; a representative from the office of the OSCE Representative for Freedom of the Media; Director of the Office for Democratic Institutions and Human Rights Ambassador Christian Strohal; and OSCE Secretary General Ambassador Jan Kubis. All presentations were followed by question and answer sessions. Each of the rapporteurs of the three General Committees discussed their draft reports for the forthcoming OSCE PA Annual Session this July in Edinburgh, Scotland. All have focused their reports on the theme for the annual session, “Co-operation and Partnership: Coping with New Security Threats.” The ninth OSCE Prize for Journalism and Democracy was presented to the New York-based NGO Committee to Protect Journalists, represented by Executive Director Ann Cooper. The United States Helsinki Commission, an independent 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 from the Departments of State, Defense, and Commerce.
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Helsinki Commission Hearing Reviews Bulgaria’s Leadership of the OSCE
Thursday, February 26, 2004His Excellency Solomon Passy, Foreign Minister of Bulgaria and Chair-in-Office of the OSCE testified in front of the Commission on Security and Cooperation in Europe, chaired by the Honorable Christopher Smith (NJ-04). Passy’s testimony regarded the OSCE’s program for 2004 under Bulgaria’s leadership. Passy stated that implementations of OSCE commitments would top the agenda for Bulgaria’s Chairmanship of the OSCE. The hearing covered the conflict in Chechnya; OSCE efforts to resolve the Transdniestrian conflict and “frozen conflicts” in the Caucasus; OSCE efforts to combat anti-Semitism and human trafficking; the situation in Central Asia; and promoting respect for human rights and democratic values throughout the OSCE region. Passy also spoke about Bulgaria’s experience with its own transition to democracy and its ongoing human rights efforts.
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The Bulgarian Leadership of the OSCE
Thursday, February 26, 2004This hearing, which Representative Christopher H. Smith presided over, focused on the Bulgarian Chairmanship of the OSCE, which had begun in for January 2004 and would continue for a year. The hearing specifically reviewed the OSCE’s program for 2004 under Bulgaria’s leadership. Solomon Passy, witness at the hearing, said that implementation of OSCE commitments would top the agenda for Bulgaria’s OSCE Chairmanship. Specific issues that attendees discussed included the Chechnyan conflict, OSCE efforts to revoke the Transdniestrian conflict, work to resolve the “frozen conflicts” in the Caucasus, efforts to combat anti-Semitism and human trafficking, the situation in Central Asia, and promoting respect for human rights and democratic values throughout the OSCE region.
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statement
Radio Liberty Stifled in Ukraine
Thursday, February 12, 2004Mr. President, several weeks ago, I addressed the Senate, in my capacity as Co-Chairman of the Helsinki Commission, on critical Presidential elections scheduled to be held later this year in Ukraine. In the latest twist in the lead up to those elections, yesterday Radio Liberty was abruptly informed that its Ukrainian Service programming would be removed from its major radio broadcaster’s FM schedule, beginning February 17. In a press release, RFE/RL President Tom Dine said, "This is a political act against liberal democracy, against free speech and press, against RFE/RL, and shows, once again, that Ukraine's political leadership is unable to live in an open society and is compelled to 'control' the media as if it were the good old days of the Soviet Union." This is not the first time that there has been official Ukrainian pressure to drop RFE/RL broadcasting since September 2001, shortly after the murder of independent journalist Heorhiy Gongadze and the release of secretly-recorded tapes in Ukrainian President Kuchma's office implicating him and other high-ranking officials in the disappearance, corruption, and other dubious actions. Radio Liberty covers these and many issues about life in Ukraine, serving as an objective source of information in a media environment increasingly dominated by these authorities. In the past I have spoken out about Ukraine's troubled pre-election environment, including its media environment. This latest move, together with repressive measures against the democratic opposition and independent media over the course of the last few months, raise profound questions as to whether the October presidential elections will be free, fair, open, and transparent, in a manner consistent with Ukraine's freely undertaken OSCE and other international commitments. Effectively unplugging an important independent source of information does not bode well for democracy in Ukraine.
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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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statement
Troubling Pre-Election Developments in Ukraine
Tuesday, January 20, 2004Mr. President, as Co-Chairman of the Helsinki Commission and the sponsor of the 2002 Senate-passed resolution urging the Ukrainian Government to ensure a democratic, transparent and fair election process in advance of their parliamentary elections, I find recent developments relating to upcoming presidential elections in Ukraine deeply troubling. Ten months before these critical elections, a constitutional amendment is making its way through the Ukrainian parliament designed to ensure that the current, corruption riddled powers-that-be retain their grip on power, neutralizing the leader of the biggest democratic fraction in parliament and Ukraine’s most popular politician, Victor Yushchenko. The amendment calls for abbreviating the presidential term for the October 2004 elections to two years, with the election of a president by the parliament in 2006, notwithstanding opinion polls indicating that the overwhelming majority of Ukrainians support preserving direct presidential elections. This amendment had been approved by Ukraine’s Constitutional Court in a decision which has led many observers both within and outside of Ukraine to question the independence of the Court. The Court’s decision a few weeks ago to allow President Kuchma to run for a third term - despite the 1996 constitution’s two-term limit, has only raised more questions. Media repression continues, including the issuance of directives sent to media by the Presidential Administration on what and how issues and events should be covered, especially in the electronic media. A recent Freedom House report concludes that "the current state of affairs of Ukraine’s media raises serious questions as to whether a fair and balanced electoral contest can be held." Newspapers critical of the authorities are subjected to various methods of repression, including attacks against journalists, arrests of publishers, "special attention" via tax inspections, administrative controls over distribution and pressure on advertisers. Mr. President, at the same time, administrative measures are being taken to prevent lawful political activity, the starkest example of which was the disruption - instigated by the authorities - of a national congress of the Yushchenko-led Our Ukraine bloc in Donetsk last November. Most recently, a presidential decree dismissed the elected Our Ukraine mayor of Mukachevo - despite a ruling by the Supreme Court which confirmed that he had been elected in a legitimate way. In a telling twist, an acting mayor from the political party led by the head of the Presidential Administration, Victor Medvedchuk, has been installed. As Co-Chairman of the Helsinki Commission, I share the concern of colleagues on both sides of the aisle that the presidential election in Ukraine scheduled for October be free, fair, open and transparent and conducted in a manner consistent with Ukraine’s freely-undertaken commitments as a member of the Organization for Security and Cooperation in Europe (OSCE). The Helsinki Commission, consistent with our mandate to monitor and encourage compliance with OSCE agreements by all participating States, will continue to follow the situation in Ukraine closely. Mr. President, I ask unanimous consent that the text of a recent Washington Post editorial on troubling pre-election developments in Ukraine be included in the Record. Thank you, Mr. President. There being no objection, the material was ordered to be printed in the Record, as follows: [From the Washington Post, Jan. 12, 2004] A Resolution for Ukraine According to Secretary of State Colin L. Powell, the Bush administration's first foreign policy resolution for 2004 is "to expand freedom." And not only in Iraq and the Middle East: In an op-ed article published in the New York Times, Mr. Powell promised to support "the consolidation of freedom in many new but often fragile democracies . . . in Latin America, Europe, Asia and Africa." We hope that support will extend beyond the rhetoric that too often has substituted for genuine democratic advocacy during President Bush's first three years, and that it will be applied even where the United States has interests that make toleration of autocracy tempting. One region where such U.S. engagement, or its absence, might prove decisive is the band of former Soviet republics to the west and south of Russia. Several are struggling democracies; others are ruled by autocrats. Almost all are under threat from Moscow's resurgent imperialism. As the tiny state of Georgia recently demonstrated, democracy is the best defense against Russian President Vladimir Putin's attempts to create a Kremlin-dominated sphere of influence. Countries that have held free and fair elections have tended to gravitate toward strengthening their independence and seeking good relations with the West, while unstable autocrats are more likely to yield to Mr. Putin. The country closest to a tipping point may be Ukraine. Like Russia, Ukraine has an electoral democracy tainted by corruption and strong-arm tactics and an economy warped by clans of oligarchs. Much of its population, however, aspires to integration with the West. President Leonid Kuchma has been linked to corruption and serious human rights violations. In recent months he has been moving steadily closer to Mr. Putin, allowing a Russian takeover of much of Ukraine's energy industry and signing an economic integration treaty. Now Mr. Kuchma appears to be looking for ways to curtail Ukraine's democracy so that he can prolong his own hold on power when his term expires this year. Last month his allies in Parliament pushed through the first draft of a constitutional amendment that would cut short the term of the president due to be elected in October and provide that future presidents be chosen by Parliament, where Mr. Kuchma's forces retain control. Then the judges he appointed to the Supreme Court ruled that the constitution's two-term limit does not prevent Mr. Kuchma from serving again. The president's cronies protest that they are only moving the country toward a more parliament-centered system, and Mr. Kuchma coyly says he has not "yet" decided to seek another term. But the effect of his moves would be to neutralize the country's most popular leader, Viktor Yushchenko, who, polls say, would win the next presidential election if it were fairly held. More than Mr. Kuchma's quest for continued power is at stake. Mr. Yushchenko is popular precisely because he is associated with those Ukrainians who seek to consolidate an independent democracy and move the country toward integration with Europe. Mr. Putin surely will be sympathetic to Mr. Kuchma's subversion of the system. The question is whether the Bush administration will work with Western Europe to mount an effective counter. Freedom could be consolidated this year in Ukraine or slip away. The outcome may just depend on how well Mr. Powell keeps his resolution.
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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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Commission Hearing Looked Ahead to Maastricht Ministerial
Wednesday, December 03, 2003By Michael Ochs CSCE Staff Advisor The United States Helsinki Commission held a hearing on September 9, 2003 reviewing United States policy toward the Organization for Security and Cooperation in Europe (OSCE). The hearing considered the many security, economic, and humanitarian challenges facing the United States, and how the 55-member nation organization can be best utilized to address these challenges. Testifying for the State Department were A. Elizabeth Jones, Assistant Secretary for European and Eurasian Affairs, and Lorne W. Craner, Assistant Secretary for Democracy, Human Rights and Labor, and Helsinki Commission Member. In his opening statement, Helsinki Commission Chairman, Rep. Christopher H. Smith (R-NJ) emphasized the important role the OSCE plays in promoting American security abroad. "The explicit and implicit connection between security and human rights, the fulcrum of the Helsinki process," he said, "has been at the center of U.S. thinking and policy since the day almost exactly two years ago when religious fanatics flew airplanes into the World Trade Center and the Pentagon." At the same time, he bemoaned the lack of democratic progress throughout much of the former USSR. Particularly in Central Asia, he said, "It becomes more and more difficult to harbor expectations that the future will be better or much different than the past or even the present." Helsinki Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) expressed his appreciation to the State Department and executive branch for their willingness to work with the Commission over the years. Mr. Cardin particularly lauded the work of Ambassador Stephan M. Minikes, head of the U.S. Mission to the OSCE, whose efforts, he said, helped to form a unified agenda with Congress in the OSCE. He also expressed his appreciation to the State Department, later echoed by Chairman Smith, for arranging a visit by the Commission to Guantanamo Bay that allowed Commissioners to respond to concerns raised by the OSCE Parliamentary Assembly regarding humanitarian standards for detainees. In her remarks, Assistant Secretary Jones noted two particular OSCE successes during the past year that were the result of U.S. efforts: the Vienna Anti-Semitism Conference and the new, annual Security Review Conference. She also identified the adoption of the Anti-Trafficking Action Plan as a positive development. Secretary Jones listed several priorities for the OSCE Maastricht Ministerial, including progress on Russia's Istanbul commitments; mandating the 2004 Berlin Anti-Semitism Conference; and, addressing the pressing problems, discussed at the Security Review Conference, of travel document security and Man Portable Air Defense systems (MANPADs). Secretary Jones identified several broad areas where the OSCE particularly serves U.S. interests: human rights and democracy promotion; conflict prevention and conflict resolution; and trans-national issues, such as human trafficking, anti-Semitism, racism and xenophobia, the rights of the Roma, refugees, and internally displaced persons. The United States, she said, also hoped to enhance the OSCE's police training capabilities "not only to step up anti-crime capabilities, but to deal with the human rights concerns that are related to the way police deal with civil society." Assistant Secretary Craner began on a positive note, identifying encouraging signs throughout the region. "In a majority of the OSCE countries," he said, "we see growing and increasingly vibrant civil society groups advocating for peaceful change. The rule of law is being bolstered as countries move the administration of prisons under the auspices of the ministry of justice, and guards receive training to respect international standards." He added, however, that there are also areas of both stagnation and backsliding in the OSCE region, all the more troubling given the numerous regional successes. "It is most disheartening," he said, "for the people of those countries who see other nations which have emerged from the Soviet empire now joining NATO and the EU and enjoying the fruits of democracy. Meanwhile, some governments remain authoritarian or unwilling to move beyond the old struggles and practices." Secretary Craner noted troubling signs for democratization efforts throughout the former Soviet Union. Central Asian states, he said, had made little progress. Upcoming presidential elections in Ukraine would seriously affect U.S. attitudes toward that country's suitability for integration into Euro-Atlantic and European institutions. The Russian parliamentary elections in December are showing some troubling signs, while holding legitimate presidential elections in Chechnya would be extremely difficult, given the security situation there. He said, however, that such elections could potentially contribute to the end of that conflict. Chairman Smith noted his pleasure that the sanctions list, established by the Trafficking Victims Protection Act of 2000 which he sponsored, which groups countries into three tiers based on their action on the issue of human trafficking would be released the week of the hearing. He also welcomed the U.S. military's initiatives against trafficking in South Korea and hoped for similar progress in the Balkans. Secretary Craner agreed that countries were taking the sanctions law seriously, and both witnesses stated that the U.S. and British militaries were taking strong action on trafficking issues. Smith and Jones emphasized that the pressure was not off countries that made it out of the bottom tier. On the former Yugoslavia, Assistant Secretary Jones described gradual progress at the International Criminal Tribunal for the former Yugoslavia and improved cooperation from the government in Belgrade. "The list [of war criminals] is being reduced," she said, "but it is not done yet." Commissioner Cardin, however, noted that the patience of the international community was coming to an end. Both agreed that the political leadership in Serbia seems to want to do the right thing, but needs help from the United States to reinforce their efforts. On issues of property restitution, Secretary Jones assured the Commissioners that when she travels to pertinent countries, the issue is always on the agenda and explained that the United States has had considerable success convincing governments to take action on a bilateral basis. She also agreed with Representative Cardin that poverty and corruption make democratic development more difficult. She said that the United States would try to attack the issue through the OSCE by working hard on corruption. Commissioner Cardin brought attention to the United States' efforts in the OSCE's Parliamentary Assembly to create a mechanism extending Helsinki principles to the OSCE's Mediterranean Partners. Assistant Secretaries Jones and Craner said that the administration supported the goal but was uncertain whether the best way to accomplish it was directly through the OSCE or through a new, OSCE-like institution. Chairman Smith then focused on the importance of "naming names" in the OSCE. He said that "one of the most vital aspects of the Helsinki process was specifically naming names" and "holding people to account," but he noted a curious reluctance to do so in the last ten years. Assistant Secretary Craner stated that the United States had indeed "named names" with regard to the situation in Belarus. The United States sponsored a resolution at the UN Commission on Human Rights putting Belarus in a category with countries like Turkmenistan and North Korea. Assistant Secretary Jones admitted that it was difficult to influence President Lukashenka of Belarus but said there were still elements of civil society in Belarus, activists in the Belarusian body politic, and free media that needed outside moral support. Finally, Chairman Smith raised the issues of Chechnya and missing persons in the Balkans. Assistant Secretary Jones said that Chechnya was on the agenda for the Camp David summit between Bush and Putin in late September . She also indicated that the OSCE was negotiating with Russia to define a role for the organization in that conflict, ideally getting a mission back on the ground. On the Balkans, Secretary Craner said that the United States was actively pressing governments bilaterally and through the OSCE to account for the fate of missing persons. He also highlighted the United States' support for the International Commission for Missing Persons, which is engaged in the painstakingly slow process of DNA identification. Lastly, Secretary Jones assured the Commissioners that the United States was not merely paying lip service to the concerns of minorities in Kosovo. She said, "It is a tough issue, but it nevertheless is a critical one in our policy of standards before status." 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 Kevin Angle contributed to this article.
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Frank Assessment Presented on State of Rights in Russia
Wednesday, December 03, 2003By John Finerty CSCE Staff Advisor The United States Helsinki Commission held a staff-level briefing on November 13, 2003 with Tanya Lokshina, Executive Director of the Moscow Helsinki Group, to discuss the status of human rights and democratic development in the Russian Federation. Ms. Lokshina was accompanied by Maureen Greenwood, Advocacy Director for Europe, the Middle East and North Africa at Amnesty International USA and Dr. Sarah E. Mendelson, Senior Fellow, Russia and Eurasia Program, Center for Strategic and International Studies. Ms. Lokshina opened the meeting by noting the human rights community in Russia is greatly concerned about the arrest of former YUKOS chief executive Mikhail Khodorkovsky, reportedly Russia's richest man arrested on tax evasion and fraud charges after contributing money to political opposition parties. The case, she said, proves beyond doubt that the Russian state is out to get any independent voice. Khodorkovsky is different from other politicians, she stated. While his fortune may have had questionable origins ("fraud and tax evasion are prevalent everywhere") Khodorkovsky's current corporate policy of transparency is not useful to a corrupt government bureaucracy. He also supported opposition forces in the Duma, ranging from free-market, pro-reform parties to the Communists. "The action against Yukos sent a clear signal to other investors," Lokshina continued. "Do not be independent. Do not support transparent dealings with parties or civil society initiatives.... Now the rest of the business community is terrified to follow suit." Regarding freedom of the media, Lokshina said there is no level of media not controlled by the state. Even non-state television channels are controlled by managers who are themselves controlled by the state. There is also little independent print media in Russia. Ms. Lokshina, who had been in Grozny for the Chechen presidential elections, called the exercise a combination of comedy and tragedy. In the face of overwhelming indifference of the population and empty voting stations, the official statistics were not to be believed, she maintained. On election day, Lokshina had not seen any voters except in special places arranged for foreign journalists. She also saw precinct protocols where 100% of the eligible voters had supposedly cast 100% of their ballots in favor of incumbent President Kadyrov - a virtual impossibility, given an inevitable percentage of disqualified (i.e., defaced or incorrectly filled out) ballots. To be sure, any serious competition for Kadyrov had been eased off the ballot long before election day. Ms. Lokshina also saw the recent gubernatorial elections in St. Petersburg--with the heavy-handed use of "administrative resources" by the pro-Putin apparat playing a major role--as a harbinger of future elections throughout Russia. Parliamentary elections are scheduled to be held on December 7, with presidential elections expected in March 2004. The three experts agreed that the recent Constitutional Court decision annulling the restrictive law on election coverage of candidates and election "propaganda" was a positive, albeit tardy, step. Ms. Lokshina said one of the worst problems is the arbitrary law enforcement, and that "Everything that happens in Chechnya also happens in the rest of Russia. It is merely magnified in Chechnya." Personnel from police forces all over Russia serve time in Chechnya, and they bring back to their home towns the arbitrariness and impunity learned there. For example, the individuals who arrested Khodorkovsky stormed in wearing security service uniforms. It was later learned they were not security service employees, but ordinary police. Similarly, the recent sweep of the Open Society Institute premises in Moscow was reminiscent of security sweeps in Chechnya. Sarah Mendelson of CSIS pointed out that aside from political parties, the Federal Security Service (FSB) is the least supported institution among the populace. Ms. Lokshina stressed that Russian human rights organizations need support from the West. In many ways, it feels like Russia is going back to Soviet realities. The difference, though, is that instead of being treated like an enemy, Russia, despite abuses, is now being treated like a civilized state, which, she says, is dangerous. When President Bush calls President Putin his friend, she said, it sends a clear message that the United States supports what is happening in Russia. America used to critique what is happening in Chechnya, for example. Russia, Lokshina contends, is becoming a threat to its own citizens and the world community at large. Uncritical Western support is counter to its own interests, she remarked. Asked about reports of widespread public apathy in Russia, Dr. Mendelson said there is certainly a great deal of apathy, but there is a certain line over which the state cannot go. Ms. Lokshina added that some of the apathy has to do with lack of knowledge and heavy media control. For instance, it is frequently reported that Russians are not opposed to some level of censorship. In reality, though, this does not mean they do not want to know what is going on in Chechnya. What they want is to get rid of scams and con games ("chernukha"), i.e. "citizens would rather the government had control of the media than Boris Berezovsky." Ms. Greenwood raised the issue of the situation of the Meshketian Turks living in tenuous circumstances in southern Russia. She appreciated U.S. initiatives on the subject but urged more follow-through regarding the possibility of granting refugee status to Meskhetian Turks desirous of emigrating. Greenwood also noted that not only have Meskhetian Turks experienced discrimination and harassment in southern Russia, but NGOs working on their behalf are now under pressure from local authorities. Ms. Greenwood asked that the United States maintain the pressure to prevent Russia from forcing internally displaced persons (IDPs) back into Chechnya. She said international pressure had succeeded in stopping Russia from overtly closing the remaining camps, but there remains subtle, psychological coercion. In response to an inquiry about the state of freedom of thought within the academic community, Mendelson related several instances of FSB harassment of academics. "In Moscow," she commented, "it simply feels like there is less oxygen. You cannot breathe." Ms. Lokshina contends that the situation in the provinces is even worse. Asked about specific policy recommendations, Lokshina favored a strong statement from the United States against the anti-democratic trends and continued U.S. assistance programs for civil society and human rights in Russia. Mendelson added that the United States has made a strategic investment in Russian democracy and civil society, but this investment is under funded and it is too early to "graduate" Russia from such programs. 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 Jason Ekk contributed to this article.
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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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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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statement
Flawed Elections in the Caucasus
Friday, November 21, 2003Mr. Speaker, as we approach the end of session, I would like to take note as Helsinki Commission Chairman of a very disturbing trend in the Caucasus republics of Armenia, Azerbaijan and Georgia. At this very moment, thousands of Georgians are engaging in a campaign of civil disobedience in the wake of the November 2 parliamentary elections. Georgian and international monitors registered large-scale falsification and ballot stuffing, not to mention the exclusion of many thousands of eligible voters. When the Central Election Commission gave the largest tallies to President Shevardnadze's party and the nominally-opposition but Shevardnadze-allied Revival Party, opposition leaders organized large demonstrations in Tbilisi's main street. There, in the rain and cold, protesters spent days demanding the President's resignation and new elections. Their efforts, born of rage and despair, have been peaceful and the authorities have so far acted with restraint. But Georgia faces a genuine crisis, make no mistake. After ten years of growing frustration at official incompetence and corruption, the country's impoverished public has begun to resist business as usual. Eduard Shevardnadze, still lionized in the West for helping to end the Cold War as Soviet Foreign Minister, has long been deeply unpopular at home. Demands by successive U.S. administrations and international financial institutions to curb pervasive corruption have gone unheeded. And the November 2 election was a harbinger of the presidential race in 2005, when Shevardnadze will not be eligible to run. All participants and analysts agree that the outcome of this year's parliamentary contest will influence the coming succession. How the Georgian drama will play itself out is hard to predict. But it is clear that Georgia is not alone in suffering through a crisis of trust and legitimacy. On October 17, Azerbaijan held presidential elections that, according to OSCE observers, did not meet international norms. Serious clashes between opposition backers and the authorities erupted in which at least one person was killed and hundreds were injured. Law enforcement agencies arrested hundreds of opposition activists; though most have since been released, according to human rights groups, many were beaten in detention. The Azerbaijani election, moreover, marked the transfer of power from President Heydar Aliev to his son, establishing the first family dynasty in the former Soviet Union. But Ilham Aliev has begun his term under a shadow, tainted by an election seen as unfair inside and outside the country and marred by the accompanying violence. Earlier this year, Armenia held presidential elections in February and parliamentary elections in May that also fell short of OSCE standards. In February, thousands of protesters marched in the snowy streets of Yerevan; perhaps their numbers kept President Robert Kocharian from claiming a first round victory and forced him into a runoff, a first for a sitting president in the Caucasus. Between the two rounds, however, the authorities detained some 200 opposition campaign workers and supporters. On election day, they did whatever was necessary to win in a landslide. The final judgement of the OSCE election observation mission was that "the overall process failed to provide equal conditions for the candidates. Voting, counting and tabulation showed serious irregularities, including widespread ballot box stuffing." The Armenian Assembly of America on March 18 noted that "the people of Armenia deserved nothing less than the declared aim of their government for free, fair and transparent presidential elections. As reported in depth by the OSCE, this achievable standard was not met." There was some improvement in the May parliamentary contest, concluded the OSCE, especially in the campaign and media coverage. Nevertheless, the election "fell short of international standards...in a number of key respects, in particular the counting and tabulation of votes." In sum, Mr. Speaker, a discouraging and disturbing record for all three countries, marked by a consistent pattern of election rigging by entrenched elites who have learned that they can "get away with it." The international community is prepared to register disapproval, by proclaiming these elections, in diplomatic language, to be sure, short of OSCE norms. But there have never been any other consequences for subverting the democratic process. Nor have opposition parties anywhere been able to annul or change the official results of a falsified electoral process, or even compel governments to negotiate with them. Perhaps Georgia, where the state is relatively weak and discontent widespread, will prove the exception, although it is alarming that President Shevardnadze has sent his sometime rival Aslan Abashidze, who runs the region of Ajaria like a Central Asian potentate, north to gain Moscow's support. The prospect of Russia propping up a shaky, illegitimate Georgian Government should send shivers down the spine of any American. But until and unless an opposition movement registers some tangible success, the men in charge of the destinies of Armenia, Azerbaijan and Georgia have no reason to change course. What they are doing works and it benefits them, even if it harms their countries' chances of developing democracy. Even worse, there is little reason to expect changes for the better. For years, optimists maintained that however discouraging things were, time and constant pressure from Washington and the international community would bring gradual change. As we approach 2004, the 13th year of independence for the former Soviet republics, that prognosis seems increasingly Pollyannaish. The consolidation of ruling groups, determined to remain in power, in control of the state's law enforcement and judicial agencies, and disposing of significant wealth, makes gradual evolution towards a genuinely democratic mentality and practices ever less plausible. Instead, we see evolution towards what some analysts call "semi-authoritarian" states and others, with reference to the Middle East, term "liberal autocracies." Mr. Speaker, this admittedly depressing analysis leads to several worrisome conclusions. First, political opposition and publics in the Caucasus have concluded that electoral processes are hopelessly corrupted and offer no prospect of fairly competing for power or even trying to influence policymaking. Accordingly, they are increasingly inclined to mobilize against their leaders and governments. Even though victories have thus far eluded them, this turn to the "street" bespeaks a perennial politics of resentment instead of compromise and consensus-building. Second, the gulf between rulers and ruled has obvious implications for stability and democracy. Ruling elites will try to tamp down actual protest and curb society's organizing capability, infringing on their basic liberties; this, in turn, will upset the delicate balance between state and society. Change, when it comes, may be violent. Steadily losing hope, many Armenians, Azerbaijanis and Georgians will likely opt out of politics altogether. Many others will emigrate if they can. This trend has been marked for years in all three countries; Armenians often try to come to the United States; while Azerbaijanis and Georgians find it easier to move to Russia. But the departure of these highly motivated individuals and their families, who often find ways to prosper in their adopted homes, weakens their homelands. Washington has observed these tendencies with concern but little action. Democracy-building programs may help develop civil society but have little impact on leaders who pursue their own interests and are quite prepared to dismiss the State Department's criticism of yet another rigged election, even if, as happened yesterday, the Department, in unprecedentedly strong language, said the Georgian election "results do not accurately reflect the will of the Georgian people, but instead reflect massive vote fraud in Ajara and other Georgian regions." And while we are preoccupied with Iraq and the war on terrorism, Moscow has been steadily rebuilding its assets in these countries, buying up infrastructure in equity-for-debt deals and offering all possible support to those in power. Under these circumstances, Mr. Speaker, our chances of influencing political evolution in Armenia, Azerbaijan and Georgia may not be very great. But they will diminish to zero unless we recognize the problem, and soon.
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Deplorable Human Rights Conditions Recalled at Helsinki Commission Hearing on Chechnya
Friday, November 21, 2003By John Finerty CSCE Staff Advisor The United States Helsinki Commission held a hearing September 16, 2003 on the current human rights situation in, and future of, Chechnya. Testifying before the Commission were Ambassador Steven Pifer, Deputy Assistant Secretary of State for European and Eurasian Affairs; Anna Politkovskaya, Moscow journalist and author; Dr. Robert Ware, Associate Professor at Southern Illinois University; and Lord Frank Judd, Member of the British House of Lords and former Co-Chairman of the Council of Europe-Duma Parliamentary Working Group on Chechnya. In his opening statement, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ), called the situation in Chechnya "the most egregious challenge to international humanitarian law in the OSCE region." "The Russian Government declares that the situation in Chechnya is normalizing, and that the 'counter-terrorism operation' is over," Smith said, " but it appears to be a tenuous claim, if that." Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) noted the efforts of the U.S. Delegation to the OSCE Parliamentary Assembly to raise human rights issues in Chechnya through resolutions and bilateral meetings with Russian counterparts urging them to "take a position responsible for the human rights issues in Chechnya." In prepared remarks, Commission Co-Chairman Ben Nighthorse Campbell observed, "The picture the Kremlin does not want us to see is a wasteland dotted with mass graves, villages depopulated of men--young and old, and unspeakable crimes committed against civilians. Each side should and must be held accountable for its acts of lawlessness and brutality. Extrajudicial executions, forced disappearances, and abuse of the non-combatants by elements of the Russian military continue." Deputy Assistant Secretary Pifer reported that since his appearance before the Commission on Chechnya in May 2002, "The daily reality for the people of Chechnya has been bleak and deteriorating" and that "[t]he toll of casualties, both Chechen and Russian...continues to mount." He noted that the majority of Chechens, whether those inside Chechnya or displaced to other regions of the Russian Federation, are living in dire conditions. "Deplorable violations of human rights persist," Pifer continued, and "terrorist attacks by Chechen extremists have increased." After the 1994-96 Chechen war, according to Pifer, the resulting chaos and lack of rule of law drew international terrorists to Chechnya. Additionally, treatment by Russian security forces of the civilian population during the current war has contributed to growing extremism and further sharpened the conflict. "Moscow's black and white treatment of the conflict," he said, "makes cooperation in the war on terrorism more difficult as its conduct of counter-terrorist operations in Chechnya fuels sympathy for the extremists' cause and undermines Russia's international credibility." Pifer outlined the three pillars of U.S. policy vis-a-vis Chechnya: an end to all human rights violations; cessation of all fighting and a process that will produce a sustainable political settlement, and; continued humanitarian assistance for those affected by the conflict. In response, Chairman Smith urged the Administration to make Chechnya a leading topic at the late September Camp David meeting between Presidents Bush and Putin. Ambassador Pifer stated his expectation that "these concerns will be among the most troubling that the two leaders will find on the U.S.-Russian agenda." In a subsequent Moscow press conference, Russian President Vladimir Putin expressed considerable displeasure with Pifer's forthright remarks at the Helsinki Commission hearing. Anna Politkovskaya focused on the October 5th presidential election in Chechnya and the legitimacy of the new [March 23, 2003] constitution. The vote on the constitution, she testified, "basically gave the people of Chechnya a choice of being good 'Chechens' and therefore have the right to live, or being bad 'Chechens' and therefore opening themselves to the possibility of being exterminated." Regarding the presidential elections, Politkovskaya noted the advantages given to the Moscow-supported incumbent, Akhmed Kadyrov. He has been given the ability to "create huge armed units," she continued. "What this amounts to is...a sponsorship of an all-out Chechen against Chechen war." Dr. Robert Ware testified about the lack of acknowledgment of the Chechen invasion of Dagestan and the resulting 32,000 IDPs, and multiple human rights violations that occurred during Chechnya's de facto independence. "Russia had a moral obligation to protect its citizens in the region," Dr. Ware stressed. Ware stressed the importance of making sure that both sides of the story were taken into consideration. "There is no peace and reconciliation without truth," Ware warned. "And there is no truth when you look at only one side of the problem." Lord Judd, who quit his position as Co-Chairman of the Council of Europe-Duma Parliamentary Working Group on Chechnya over Moscow's insistence on conducting the March constitutional referendum, called the constitution issue "deeply disturbing." "There should have been debate and evaluation, pluralist and independent media, freedom of association, and freedom for political parties were needed [as well as] sufficient non-menacing security for people to feel freely able to participate," Judd continued. Commenting on the West's relationship with Russia, Lord Judd exclaimed, "In the case of the Chechen Republic, it is inexplicable folly to hold back on criticism when by their policies and methods of implementing them, the Russians are perversely recruiting for the global terrorists." 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 Jason Ekk contributed to this article.
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statement
Business Climate in Ukraine
Thursday, November 20, 2003Mr. President, as Co-Chairman of the Commission on Security and Cooperation in Europe, I have closely followed developments in Ukraine including aspects of the human, security and economic dimensions. My desire is that Ukraine consolidates its independence by strengthening democratic institutions, including the judiciary, and undertaking reforms to improve the business climate essential to attracting much-needed foreign investment. Twelve years after independence, the people of Ukraine deserve to enjoy the fruits of freedom and prosperity, but obstacles remain. Bringing Ukraine more fully into Europe is both essential to the country's long-term economic success and important for European security. Accelerating Ukraine's movement toward Europe is timely and needed. While high-ranking Ukrainian officials pay lip service to such integration, the jury is still out as to whether they are prepared to take the bold steps that will be required to advance such integration. An important barometer for the future will be the extent to which the country's moves to confront the corruption and crime that retard the process of democratization and economic liberalization and erode Ukraine's security and independence. While those at the top say the right things, there is justified skepticism as to their sincerity. This is certainly the case concerning Ukraine's current President, Leonid Kuchma. The controversies surrounding Kuchma undercut his credibility with respect to the issue of combating corruption. Nevertheless, this should not detract from the urgency of tackling corruption in the lead up to the presidential elections to select Kuchma's successor in 2004. Meanwhile, those serious about rooting out corruption and corrupt officials should take a hard look at the handling, or more accurately, the mishandling, of Ukrainian and foreign owned businesses. For example, United States-owned businesses have been victimized through expropriations, asset thefts, extortion and the like perpetrated or abetted by corrupt officials and courts in Ukraine. While new cases continue to occur, longstanding cases remain unresolved with investors unable to obtain the relief to which they are entitled under Ukrainian and international law. Although the State Department has made repeated representations about these cases at senior levels of the Kuchma administration, Kyiv rebuffed repeated requests to resolve them in accordance with the law. At the same time it refuses to punish the perpetrators of the criminal acts or take corrective measures to prevent similar cases from arising. If the victims are to ever achieve a measure of justice, it is essential that U.S. officials raise these cases at every appropriate opportunity. In one especially egregious and illustrative case, well-connected individuals in Ukraine were able to orchestrate the seizure of all the assets of a successful pharmaceutical joint venture which was half owned by United States investors. When, 6 years after the theft the Ukrainian appeals courts finally dismissed the spurious claims to the assets on grounds that they were based entirely on forged and falsely fabricated documents, senior Ukrainian officials launched into action. Within weeks of these judicial decisions, the Ukrainian President reportedly convened a meeting of senior officials, including the cognizant senior judges and his own senior law enforcement and national security cabinet level officers, at which he made clear that he did not want the stolen assets restored to their rightful American owners. The courts quickly complied, without explanation, and in disregard of the copious evidence before them, the judges reversed the decisions taken just two months earlier and held in favor of the claimants. Several months later longstanding criminal charges against the same individuals were dropped. The circumstances surrounding this case and others involving United States investors are indicative of the far reaching scope of corruption and the rule of law deficit in Ukraine today. While the matter was repeatedly raised by the State Department several years ago, I am concerned that the Ukrainian side might assume that the matter is a closed case. I urge officials at the Departments of State and Commerce to disabuse Ukrainian Government officials of such an impression. If the Kuchma administration is serious about rooting out corruption and advancing democracy and the rule of law, these cases provide a good starting point. Only time will tell if they are up to the challenge.
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briefing
OSCE Police-Related Activities
Monday, October 27, 2003This briefing, which CSCE Senior Advisor Elizabeth B. Pryor moderated, specifically focused on efforts to provide national police forces in multiple southeastern European countries with adequate and proper training and resources for the purpose of combating criminal activity. The countries in question (i.e. Armenia, Azerbaijan, Bosnia, Georgia, Kyrgyzstan, and Tajikistan) have needed particularly effective and professional law enforcement agencies. Since the 1990s, the OSCE has helped to monitor and train police officers, with notable success in Kosovo, southern Serbia, and elsewhere in Southeastern Europe. At the time of the briefing, the focus had been shifted to countries in Central Asia and the Caucasus region, headed by Richard Monk, the witness in this briefing, who had been the OSCE Police Adviser since February of 2002.
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article
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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article
Helsinki Commission Examines Plight of Internally Displaced Persons
Friday, August 01, 2003By Knox Thames CSCE Counsel The United States Helsinki Commission held a hearing June 10, 2003, focusing on the plight of an estimated three million internally displaced persons (IDPs) in the Caucasus region and southeastern Anatolia. The region has become a temporary dwelling place to the single largest body of displaced persons in the region covered by the Organization for Security and Cooperation in Europe (OSCE). Testifying at the hearing were Dr. Francis Deng, United Nations Secretary General's Representative on Internally Displaced Persons; Ms. Roberta Cohen, Co-Director of the Brookings-SAIS Project on Internal Displacement; Dr. Maureen Lynch, Director of Research for Refugees International; and Mr. Jonathan Sugden, Researcher in the Europe and Central Asia Division at Human Rights Watch. Mr. Gabriel Trujillo, Mission Head for Doctors Without Borders of the Russian Federation was scheduled to testify, but encountered unexpected delays in Moscow. Mr. Nicolas de Torrente, Executive Director of Doctors Without Borders, U.S.A. graciously delivered Mr. Trujillo's opening statement. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) opened the hearing, describing how protracted conflicts in Georgia, Azerbaijan, Armenia and the North Caucasus of the Russian Federation have diminished the prospects of displaced persons safely returning home. He noted that few individuals have been allowed to return to southeastern Turkey, despite the lifting of the last state of emergency in late 2002. "We must address this problem now as thousands and thousands of individuals are suffering," said Smith. "More must be done to find just, realistic and durable solutions." Helsinki Commission Co-Chairman Senator Ben Nighthorse Campbell (R-CO) stated in written remarks, "As an American Indian, I am particularly sensitive to the plight of men, women and children who have been uprooted from their homes. Whether due to conflict, natural disaster or other causes, the displaced cling to the hope they will one day be able to return home." Campbell added that with millions waiting to return, "it is the responsibility of individual participating States and the international community to meet the needs of these individuals while working to create the conditions necessary for their return in safety and dignity." Ranking Member Rep. Benjamin L. Cardin (D-MD) emphasized the need for the hearing to both ascertain the precise situation of IDPs in the region and to bring greater attention to their needs. He expressed hope that the hearing would provide information and ideas on how the State Department and the U.S. Congress could play a role in assisting the internally displaced. Commissioner Rep. Joseph R. Pitts (R-PA) called the condition of IDPs in the region "urgent," as they suffer not only from a lack of food, medical aid, and education, but also from the inability to return home. "Some fear government action against them. Others fear rebel action. Others fear both," Pitts noted. Dr. Deng is the author of the UN Guiding Principles on Internal Displacement which recognized international norms for the rights of the displaced and the corresponding duties of states in protecting those rights. He provided an overview of the situation in the region, characterizing IDPs as having the same needs as refugees, "but worse." Since IDPs do not leave their country, they remain more or less within the conflict zone, faced with the same threats that caused their flight. While their home governments bear primary responsibility for their safety and security, Deng noted in many cases IDPs become in effect political hostages. By not resettling the displaced and allowing free integration, the government uses them as bargaining chips in the political conflict. When the government fails to act, the displaced often fall into a "vacuum of responsibility," Deng observed, noting that the world cannot sit and watch and do nothing. Ms. Cohen offered a series of recommendations for the OSCE on issues pertaining to IDPs. "The OSCE, more than most regional organizations, has tremendous potential for dealing with the problem of internal displacement in the European region," stated Cohen. "It also has the responsibility to do so." Although recognizing that in recent years the OSCE has expanded its involvement with problems of internal displacement, Cohen noted that these steps have been largely ad hoc and too small. She recommended that the OSCE systematically integrate internal displacement into its activities, particularly within the Caucasus region and southeastern Anatolia, using the UN Guiding Principles on Internal Displacement as a framework. Cohen specifically urged OSCE bodies to ensure the right of IDPs to vote. In addition, Cohen identified the OSCE/ODIHR migration unit as the potential focal point for activities within the organization and contended that, if these recommendations are carried out, it would positively impact the situation in the Caucasus and Turkey. Russian Federation Gabriel Trujillo's prepared statement outlined the results of a Doctors Without Borders' survey conducted in February 2003 that polled over 16,000 displaced Chechens housed in camps in neighboring Ingushetia. When questioned about returning to Chechnya, an overwhelming majority of respondents said they were too afraid for their safety to return. Notably, individuals interviewed did not consider the availability of humanitarian aid available in Ingushetia as a reason to stay. The ongoing violence has kept UNHCR from certifying Chechnya as a safe return destination. International aid agencies, including Doctors Without Borders, are choosing to limit or suspend their operations out of concern for the safety of aid workers. Mr. de Torrente pointed to recent abductions, including Doctors Without Borders volunteer Arjan Erkel still missing from nearby Daghestan after ten months, as exemplifying the security situation in the region. "If present security conditions in Chechnya and the neighboring republics are not adequate for humanitarian workers to carry out assistance activities," asked de Torrente, "why would they be considered adequate for civilian Chechens to return and resume their normal lives?" Despite this lack of security, the UN estimates that more than 38,000 IDPs from Ingushetia returned to Chechnya last year. Respondents to the survey said people are left with little choice. They report that officials have threatened to cut off assistance in Ingushetia and block future aid in Chechnya for those refusing to leave immediately. Also, Russian troops reportedly are stationed near IDP camps and authorities limit assistance from international agencies, all to pressure IDPs to return to Chechnya. De Torrente concluded, "The results of the survey are a clear indication that the basic rights of displaced people to seek safe refuge, to be protected and assisted properly in a time of conflict, and only to return home voluntarily as guaranteed by international humanitarian law are not being respected." Turkey Mr. Sugden described the situation in southeastern Turkey, where approximately 400,000 to one million people, mostly of Kurdish heritage, fled their villages during the conflict with the PKK. Relative peace returned to the region by 2001, yet the majority of Turkey's displaced have been unable to return home. Sugden noted that often local authorities will not permit villages to be re-inhabited, while in other cases the gendarmes or village guards block resettlement, often by threat or use of violence. While the Government of Turkey has policies and programs aimed at returning the displaced to their homes, Sugden asserted, they have "consistently been underfunded and ill-conceived, falling far short of established international standards." Because of this, the international community has been reluctant to get involved. "Instead of helping villagers to get international assistance, the government, with its flawed plans, is actually standing in their path," he remarked. Sugden noted that the implementation of a fair and effective return program for the displaced populations in Turkey would also serve the country's goal of EU membership. He urged the Helsinki Commission to use its leverage in encouraging Turkey "as a matter of urgent priority" to convene a planning forum with the goal of creating a return program meeting international standards. Azerbaijan and Georgia Dr. Lynch estimated that in the South Caucasus there are currently some 250,000 displaced individuals from the Abkhazia and South Ossetia conflicts in Georgia and over 572,000 displaced from the Nagorno-Karabakh conflict in Azerbaijan. Although political solutions would provide the best opportunity for these groups to return home, the frozen nature of the conflicts makes that a remote possibility. In addition, Lynch asserted that the Georgian and Azeri Governments have failed to provide alternative integration opportunities, thereby maintaining the displaced as "political pawns." In Azerbaijan, only about ten percent of IDPs live in camps. The rest have settled in abandoned hotels, railway cars, or underground dugouts, all of which represent serious health hazards from air and water quality to the risk of structural collapse. The lucky few provided with government-funded housing find themselves located far from jobs and on unirrigated land unsuitable for farming. Nevertheless, Dr. Lynch maintains that Azerbaijan is full of potential; it is an oil-rich country with a highly literate population. "The answer to Azerbaijan's trouble is not found only in resolution of the Nagorno-Karabakh conflict," he asserted, "Azerbaijan must protect itself from corruption and use all of its resources to look to the future." In Georgia, the living conditions for IDPs are just as harsh, but with the added difficulty of only sporadic food aid. There is also a severe lack of even basic healthcare accessible to IDPs and virtually no psychosocial assistance. What healthcare is available is often too expensive for the displaced, resulting in many IDPs dying from curable ailments. Dr. Lynch declared that both Azerbaijan and Georgia must develop long-term solutions for their displaced populations, but they must also allow relief aid to arrive unhindered. In particular, Georgia must lift the import tax it imposed on humanitarian goods, which is currently blocking effective aid distribution, and both countries must work to create economic opportunities for IDPs. She further urged governments to be transparent in their plans, thereby encouraging continued participation of the international community. 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
Internally Displaced Persons In The Caucasus Region And Southeastern Anatolia
Tuesday, June 03, 2003Rep. Chris Smith (NJ-04), other legislators, and witnesses discussed Internally Displaced Persons (or IDPs) in the north Caucasus region of the Russian Federation, Georgia, Armenia, Azerbaijan, and Turkey. At the time of this hearing, this set of countries represented the greatest concentration of IDPs fleeing conflicts anywhere in the OSCE, which then consisted of 55 states. IDPs are not granted the same protections as refugees as stipulated under the U.N. Refugee Convention, although IDPs face similar problems, due to the fact that IDPs do not cross international borders.
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statement
The Troubled Media Environment in Ukraine
Tuesday, April 29, 2003Mr. President, later this week individuals around the world will mark World Press Freedom Day. The functioning of free and independent media is tied closely to the exercise of many other fundamental freedoms as well as to the future of any democratic society. The Commission on Security and Cooperation in Europe, which I co-chair, is responsible for monitoring press freedom in the 55 participating States of the Organization for Security and Cooperation in Europe, OSCE. Recently, I reported to the Senate on the deplorable conditions for independent media in the Republic of Belarus. Today, I will address the situation of journalists and media outlets in Ukraine. Several discouraging reports have come out recently concerning the medic environment in Ukraine. These reports merit attention, especially within the context of critical presidential elections scheduled to take place in Ukraine next year. The State Department's Country Reports on Human Rights Practices in Ukraine for 2002 summarizes media freedoms as follows: "Authorities interfered with the news media by intimidating journalists, issuing written and oral instructions about events to cover and not to cover, and pressuring them into applying self-censorship. Nevertheless a wide range of opinion was available in newspapers, periodicals, and Internet news sources." Current negative trends and restrictive practices with respect to media freedom in Ukraine are sources of concern, especially given that country's leadership claims concerning integration into the Euro-Atlantic community. Lack of compliance with international human rights standards, including OSCE commitments, on freedom of expression undermines that process. Moreover, an independent media free from governmental pressure is an essential factor in ensuring a level playing field in the upcoming 2004 presidential elections in Ukraine. In her April 18, 2003 annual report to the Ukrainian parliament, Ombudsman Nina Karpachova asserted that journalism remains among the most dangerous professions in Ukraine, with 36 media employees having been killed over the past ten years, while beatings, intimidation of media employees, freezing of bank accounts of media outlets, and confiscation of entire print runs of newspapers and other publications have become commonplace in Ukraine. The murder of prominent journalist Heorhiy Gongadze--who disappeared in September 2000--remains unsolved. Ukrainian President Kuchma and a number of high-ranking officials have been implicated in his disappearance and the circumstances leading to his murder. The Ukrainian authorities' handling, or more accurately mishandling of this case, has been characterized by obfuscation and stonewalling. Not surprisingly, lack of transparency illustrated by the Gongadze case has fueled the debilitating problem of widespread corruption reaching the highest levels of the Government of Ukraine. Audio recordings exist that contain conversations between Kuchma and other senior government officials discussing the desirability of Gongadze's elimination. Some of these have been passed to the U.S. Department of Justice as part of a larger set of recordings of Kuchma's conversations implicating him and his cronies in numerous scandals. Together with Commission Co-Chairman Rep. Chris Smith, I recently wrote to the Department of Justice requesting technical assistance to determine whether the recordings in which the Gongadze matter is discussed are genuine. A credible and transparent investigation of this case by Ukrainian authorities is long overdue and the perpetrators--no matter who they may be--need to be brought to justice. The case of Ihor Alexandrov, a director of a regional television station, who was beaten in July 2001 and subsequently died also remains unsolved. Serious questions remain about the way in which that case was handled by the authorities. A Human Rights Watch report, “Negotiating the News: Informal State Censorship of Ukrainian Television,” issued in March, details the use of explicit directives or temnyky, lists of topics, which have been sent to editors from Kuchma's Presidential Administration on what subjects to cover and in what manner. The report correctly notes that these temnyky have eroded freedom of expression in Ukraine, as "editors and journalists feel obligated to comply with temnyky instructions due to economic and political pressures and fear repercussions for non-cooperation." To their credit, the independent media are struggling to counter attempts by the central authorities to control their reporting and coverage of issues and events. Another troubling feature of the media environment has been the control exerted by various oligarchs with close links to the government who own major media outlets. There is growing evidence that backers of the current Prime Minister and other political figures have been buying out previously independent news sources, including websites, and either firing reporters or telling them to cease criticism of the government of find new jobs. Last December, Ukraine's parliament held hearings on "Society, Mass Media, Authority: Freedom of Speech and Censorship in Ukraine." Journalists' testimony confirmed the existence of censorship, including temnyky, as well as various instruments of harassment and intimidation. Tax inspections, various legal actions or license withdrawals have all been used as mechanisms by the authorities to pressure media outlets that have not towed the line or have supported opposition parties. As a result of these hearings, the parliament, on April 3rd, voted 252 to one to approve a law defining and banning state censorship in the Ukrainian media. This is a welcome step. However, given the power of the presidential administration, the law's implementation remains an open question at best, particularly in the lead up to the 2004 elections in Ukraine. I urge our Ukrainian parliamentary colleagues to continue to actively press their government to comply with Ukraine's commitments to fundamental freedoms freely agreed to as a signatory to the Helsinki Final Act. I also urge the Ukrainian authorities, including the constitutional "guarantor", to end their campaign to stifle independent reporting and viewpoints in the media. Good news from Ukraine will come not from the spin doctors of the presidential administration, but when independent media and journalists can pursue their responsibilities free of harassment, intimidation, and fear.
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statement
The Referendum in Chechnya
Thursday, March 27, 2003Mr. Speaker, last Sunday, while the world's eyes were focused on the momentous events taking place in Iraq, a constitutional referendum was held in the war-torn region of Chechnya. The referendum was held as part of the Russian Government's attempt to “normalize” the situation in that tortured part of Russia's North Caucasus. For the last ten years, Chechnya has been the scene of a bloody war between armed Chechen rebels and Russian military forces. Hostilities were precipitated in late 1994 when, in the wake of Chechnya's attempt to secede from the Russian Federation, Russian military forces launched a full-scale assault on the Chechen capital of Grozny. There was a restive peace from 1996 until the summer of 1999, when the armed clashes erupted anew. The roots of this conflict go back to Tsarist conquests in the 19th century and Stalin's brutal deportation of the Chechen people to Central Asia during World War II. Unfortunately, certain radical Islamic militant elements linked to international terrorism have become involved on the Chechen side, though the State Department has stressed that not all Chechens are terrorists. Despite Moscow's repeated claims that heavy-handed Russian tactics in Chechnya are part of the war against global terrorism, the situation is far more complex. Many Chechens have taken up arms against what they believe is a repressive colonial power and wish to see Chechnya as an independent state that will be able to make the critical choice regarding the future of its people. As is so frequently the case, the civilian population has suffered terribly from the war. While both sides are guilty of violations of international humanitarian law, the Russian military and special operations units have been responsible for numerous and well-documented instances of gratuitous, brutal and mass violence against the civilian population. During my years in the leadership of the Commission on Security and Cooperation in Europe, the Commission has conducted eight hearings and briefings on Chechnya. Witnesses, including a nurse who was present in a Chechen town where some of the worst atrocities by Russian forces took place, have described the appalling fate of the civilian population. According to the U.S. State Department's Country Reports on Human Rights Practices for 2001, “The indiscriminate use of force by government troops in the Chechen conflict resulted in widespread civilian casualties and the displacement of hundreds of thousands of persons, the majority of whom sought refuge in the neighboring republic of Ingushetia. Attempts by government forces to regain control over Chechnya were accompanied by the indiscriminate use of air power and artillery. There were numerous reports of attacks by government forces on civilian targets, including the bombing of schools and residential areas.” The report continues: “Command and control among military and special police units often appeared to be weak, and a climate of lawlessness, corruption, and impunity flourished, which fostered individual acts by government forces of violence and looting against civilians.” Among the examples of such lawlessness and impunity in the Country Reports were “...reports of mass graves and 'dumping grounds' for victims allegedly executed by Russian forces in Chechnya” and “cleansing” operations directed against guerrillas but resulting in deaths and the disappearance of non-combatants. The State Department points out that Chechen forces also committed serious abuses: “According to unconfirmed reports, rebels killed civilians who would not assist them, used civilians as human shields, forced civilians to build fortifications, and prevented refugees from fleeing Chechnya. In several cases, elderly Russian civilians were killed for no apparent reason other than their ethnicity.” Against this unsettling backdrop, with an estimated 100,000 internally displaced persons living in refugee camps in neighboring Ingushetia, and under the guns of approximately 80,000 Russian soldiers in Chechnya, the Chechen people have reportedly voted overwhelmingly for the proposed new constitution. Nevertheless, it is difficult to believe that a genuine assessment of the public will would have been determined under such circumstances. I would ask the same question I asked in a Helsinki Commission press release over a month ago: “Are we supposed to believe that this referendum will stabilize Chechnya while armed conflict between the Russian military and Chechen fighters continue to produce death and destruction?'” The well-respected Russian human rights group, Memorial, has charged that Chechens were pressured to vote with the threat of losing their pensions or humanitarian aid. A joint assessment mission of the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe stated that “no group has been able to campaign officially against the referendum in the mass media or distribute literature arguing against the referendum,” although some opposition opinions were voiced in the media. Incidentally, in the concluding communique of the 1999 Istanbul OSCE Summit, the Russian Government agreed that all sides should seek a political solution to the conflict, and avail themselves of the assistance of the OSCE. This commitment was seriously undermined when the Russian government evicted the OSCE Assistance Mission to Chechnya at the end of last year. Mr. Speaker, the Bush Administration has stated that “...we hope [the referendum] can be the basis for a political solution to that tragic conflict.” I find that rather optimistic. The Russian Government might better instruct its military to stop terrorizing the civilian population, prosecute human rights violators and rebuild Chechnya. Then perhaps it would not have to hold referenda in Chechnya under armed guard.
Mr. Speaker, on November 5, parliamentary elections were held in Azerbaijan. In anticipation of those elections, the Helsinki Commission, which I chair, held hearings in May, at which representatives of the government and opposition leaders testified. While the former pledged that Baku would conduct a democratic contest, in accordance with OSCE standards, the latter warned that Azerbaijan's past record of holding seriously flawed elections required the strictest vigilance from the international community and pressure from Western capitals and the Council of Europe, to which Azerbaijan has applied for membership. Subsequently, I introduced a resolution, H. Con. Res. 382, which called on the Government of Azerbaijan to hold free and fair elections and to accept the recommended amendments by the OSCE's Office of Democratic Institutions and Human Rights (ODIHR) to the law on elections.
From the start, there was pressure to withdraw the resolution from the Azerbaijani government and others. They argued that President Aliev had made, or would make, the necessary changes to ensure that the election met international standards, claiming to render the resolution either irrelevant or out of date. That pressure intensified as the election drew near; in fact, the resolution never came to a vote before Congress went out of session in early November.
It is worth recalling this brief history in light of what actually happened during Azerbaijan's pre-election period and on November 5. With respect to the election law, one of ODIHR's concerns was ultimately addressed by a decision of Azerbaijan's constitutional court, but on other important issues, Baku rejected any concessions and refused to incorporate ODIHR's suggested changes. From the beginning, therefore, the election could not have met OSCE standards, as ODIHR made plain in several statements. During the registration period, the Central Election Commission (CEC) rejected several leading opposition parties. Claiming that government experts could tell which signatures were forged, fraudulent or otherwise invalid merely on the basis of a visual examination, the CEC maintained the Musavat and the Azerbaijan Democratic Party had failed to get 50,000 valid signatures. The same thing happened to Musavat in the 1995 parliamentary election. At that time, the OSCE/UN observation mission emphasized the need to amend or get rid of this obviously flawed method of determining the validity of signatures, but Azerbaijan's authorities did not heed that advice. The exclusion of leading opposition parties drew strong criticism, both inside and outside the country, including the OSCE and the U.S. Government.
In early October, in apparent reaction to international concern, President Aliev “appealed” to the CEC to find some way of registering excluded opposition parties. Some CEC members objected, arguing there was no constitutional basis for such a presidential appeal or a changed CEC ruling, but the Commission moved to include opposition parties. Though their participation certainly broadened the choice available to voters, the manner of their inclusion demonstrated conclusively that President Aliev controlled the entire election process. ODIHR welcomed the decision by the CEC and urged a reconsideration of the exclusion of over 400 individual candidates, about half of those who tried to run in single-mandate districts. But the CEC did not do so, and only in very few cases were previously excluded candidates allowed to run. As 100 of parliament's 125 seats were determined in single mandate districts, where local authorities exercise considerable power, the rejection of over 400 candidates signaled the government's determination to decide the outcome of the vote.
Though coverage of the campaign on state media favored the ruling party, opposition leaders were able to address voters on television. They used the opportunity, which they had not enjoyed for years, to criticize President Aliev and offer an alternative vision of governing the country. Their equal access to the media marked progress with respect to previous elections, as noted in the ODIHR's election report.
However, this voting and vote count on election day itself, according to the ODIHR's election, would be bad enough, considering that the election was the fourth since 1995 that failed to meet OSCE standards, even if some progress was registered in opposition participation and representation in the CEC. Much more interesting and disturbing, however, were the words used in a post-election press conference by two key international observers: Gerard Stoudman, the Director of ODIHR, who generally employs measured, diplomatic language, said he had not expected to witness “a crash course in various types of manipulation,” and actually used the phrase “primitive falsification” to describe what he had seen. Andreas Gross, the head of the observer delegation of the Council of Europe, an organization to which Azerbaijan has applied for membership and which is not particularly known for hard-hitting assessments of election shenanigans, amplified: “Despite the positive changes observed in Azerbaijan in recent years, the scale of the infringements doesn't fit into any framework. We've never seen anything like it.”
Mr. Speaker, in the context of international election observation, such a brutally candid assessment is simply stunning. As far as I know, representatives of ODIHR or the Council of Europe have never expressed themselves in such terms about an election that they decided to monitor. One senses that the harshness of their judgment is related to their disappointment: Azerbaijan's authorities had promised to conduct free and fair elections and had long negotiated with the ODIHR and the Council of Europe about the legal framework and administrative modalities but, in the end, held an election that can only be described as an embarrassment to all concerned. According to Azerbaijan's CEC, in the party list voting, only four parties passed the six-percent threshold for parliamentary representation: President Aliev's governing party, the New Azerbaijan Party; the Communist Party; and two opposition parties, the Popular Front (Reformers) and Civil Solidarity. Other important opposition parties allegedly failed to break the barrier and apart from a few single mandate seats won no representation in parliament. In the aftermath of the election and the assessments of the OSCE/ODIHR and the Council of Europe, the international legitimacy of Azerbaijan's legislature is severely undermined. Within Azerbaijan, the ramifications are no better.
All the leading opposition parties have accused the authorities of massive vote fraud, denounced the election results, and have refused to take the few seats in parliament they were given. Though some governing party representatives have claimed that opposition representation is not necessary for the parliament to function normally, others, perhaps including President Aliev, understand that a parliament without opposition members is ruinous for Azerbaijan's image. New elections are slated in 11 districts, and perhaps President Aliev is hoping to tempt some opposition parties to abandon their boycott by offering a few more seats. Whether opposition parties, which are bitterly divided, will participate or eventually agree to take up their deputies' mandates remains to be seen. What is clearer from the conduct of the election and its outcome is that President Aliev, who is preparing the succession of his son as Azerbaijan's next president, was determined to keep opposition leaders out of parliament and ensure that the body as a whole is supportive of his heir. If the only way to guarantee the desired outcome was wholesale vote fraud, so be it.
Prognoses of possible accommodation with the opposition, or possibly even some power sharing arrangements, to facilitate a smooth and peaceful transfer of power, have proved unfounded. Indeed, President Aliev reportedly has told the new UK Ambassador to Baku that Azerbaijan does not need to join the Council of Europe, indicating that he is not prepared to make any concessions when it comes to maintaining his grip on power and passing it on to his chosen heir, whatever the international community thinks. Even more worrisome is that by depriving the opposition of the possibility to contend for power through parliamentary means, Aliev has seriously reduced the chances of a “soft landing” in Azerbaijan. When he eventually leaves the scene, anything could happen. This is not only a frightening prospect for the citizens of Azerbaijan, its neighbors and hopes for resolving regional disputes, especially the Nagorno-Karabakh conflict, it is a scenario that should alarm policymakers in Washington as well.
Mr. Speaker, it is not my intention to say “I told you so” to those colleagues who argued against my resolution. I would much have preferred to make a statement congratulating Azerbaijan on having held exemplary elections and making substantial steps towards democratization. Alas, I cannot do so, which should sadden and concern all of us. But I fear the consequences will be far more serious for the citizens of Azerbaijan.