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statement
Concerning Rise in Anti-Semitism in Europe
Tuesday, July 09, 2002Mr. Speaker, I thank my good friend for yielding me time, and I rise in very strong support of H. Res. 393. I want to commend its sponsor and all of the Members who are taking part in this very important debate. Mr. Speaker, yesterday, along with the gentleman from Maryland (Mr. Cardin), who is on the floor and will be speaking momentarily, we returned back from the OSCE, the Organization for Security and Cooperation in Europe, Parliamentary Assembly. Every year, parliamentarians from the 55 nations that comprise the OSCE meet to discuss issues of importance. This year the focus was on terrorism, but we made sure that a number of other issues, because certainly anti -Semitism is inextricably linked to terrorism, were raised in a very profound way. Yesterday, two very historic and I think very vital things happened in this debate. I had the privilege of co-chairing a historic meeting on anti -Semitism with a counterpart, a member of the German Bundestag, Professor Gert Weisskirchen, who is a member of the Parliament there, also a professor of applied sciences at the University of Heidelberg, and we heard from four very serious, very credible and very profound voices in this battle to wage against anti-Semitism. We heard from Abraham Foxman, the National Director of the Anti -Defamation League, who gave a very impassioned but also very empirical speech, that is to say he backed it up with statistics, with information about this rising tide of anti-Semitism, not just in Europe, but in the United States and Canada as well. He pointed out, for example, according to their data, 17 percent of Americans are showing real anti -Semitic beliefs, and the ugliness of it. Sadly, among Latinos and African Americans, it is about 35 percent. He pointed out in Europe, in the aggregate, the anti -Semitism was about 30 percent of the population. Dr. Shimon Samuels also spoke, who is the Director of the Wiesenthal Center in Paris. He too gave a very impassioned and very documented talk. He made the point that the slippery slope from hate speech to hate crime is clear. Seventy-two hours after the close of the Durban hate-fest, its virulence struck at the strategic and financial centers of the United States. He pointed out, “If Durban was Mein Kampf, than 9/11 was Kristalnacht, a warning.” “What starts with the Jews is a measure, an alarm signaling impending danger for global stability. The new anti -Semitic alliance is bound up with anti -Americanism under the cover of so-called anti –globalization.” He also testified and said, ``The Holocaust for 30 years acted as a protective Teflon against blatant anti -Semitic expression. That Teflon has eroded, and what was considered distasteful and politically incorrect is becoming simply an opinion. But cocktail chatter at fine English dinners,'' he said, ``can end as Molotov cocktails against synagogues. ``Political correctness is also eroding for others, as tolerance for multi-culturism gives way to populous voices in France, Italy, Austria, Denmark, Portugal, and in the Netherlands. These countries' Jewish communities can be caught between the rock of radical Islamic violence and the hard place of a revitalized Holocaust-denying extreme right. “Common cause”, he concluded, “must be sought between the victimized minorities against extremism and fascism.” I would point out to my colleagues one of those who spoke pointed out, it was Professor Julius Schoeps, that he has found that people do not say “I am anti -Semitic;” they just say ”I do not like Jews”, a distinction without a difference, and, unfortunately, it is rearing itself in one ugly attack after another. I would point out in that Berlin very recently, two New Jersey yeshiva students, after they left synagogue, they left prayer, there was an anti -American, anti -Israeli demonstration going on, and they were asked repeatedly, are you Jews? Are you Jews? And then the fists started coming their way and they were beaten right there in Berlin. Let me finally say, Mr. Speaker, that yesterday we also passed a supplementary item at our OSCE Parliamentary Assembly. I was proud to be the principal sponsor. The gentleman from Maryland (Mr. Cardin) offered a couple of strengthening amendments during the course of that debate, and we presented a united force, a U.S. force against anti-Semitism. I would just point out this resolution now hopefully will act in concert with other expressions to wake up Europe. We cannot sit idly by. If we do not say anything, if we do not speak out, we allow the forces of hate to gain a further foothold. Again, that passed yesterday as well. Mr. Speaker, I urge Members to become much more aware that this ugliness is rearing its ugly face, not just in the United States, but Canada, in Europe, and we have to put to an end to it. Hate speech and hate crimes go hand in hand. Mr. Speaker, I urge support of the resolution. United States Helsinki Commission--Anti -Semitism in the OSCE Region The Delegations of Germany and the United States will hold a side event to highlight the alarming escalation of anti -Semitic violence occurring throughout the OSCE region. All Heads of Delegations have been invited to attend, as well as media and NGOs. The United States delegation has introduced a supplementary item condemning anti -Semitic violence. The Resolution urges Parliamentary Assembly participants to speak out against anti-Semitism.
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statement
New Lows for Religious Freedom in Uzbekistan
Thursday, June 27, 2002Mr. Speaker, over the past several weeks, Uzbek authorities have increased the harassment and suppression of religious groups viewed as a threat to the government’s control of society. Uzbek authorities have systematically sought to stifle all aspects of religious life, including Muslim and Christian. It is currently believed that nearly 7,000 individuals are jailed for alleged crimes related to their religious affiliation or beliefs. Human rights organizations estimate that during the past year Uzbek courts convicted roughly 30 people a week under trumped-up charges. Unfortunately, the list keeps growing. At the end of May, police arrested Yuldash Rasulov, a well-known human rights defender and devout Muslim. Rasulov’s work through the Human Rights Society of Uzbekistan focused on government actions against Muslims choosing to worship outside the government-approved religious system. According to Human Rights Watch, officials charged Rasulov with “religious extremism,” claiming he recruited Islamic militants to work toward overthrowing the state. Notably, a search of his home reportedly found nothing of an incriminating nature. Since being arrested, Rasulov has been held in incommunicado detention. Authorities also targeted Musharaf Usamnova, the widow of a prominent Muslim activist Farhod Usmanov. Her husband was reportedly murdered in an isolation cell while in government custody in 1999. Uzbek officials arrested Musharaf in April, bringing over 50 men to ensure her capture, and her situation is unknown at this time. Soon thereafter, the government arrested several other women who were protesting the long prison sentences given to relatives and Muslim activists. The court sentenced these women to jail terms, some up to four years. Adding to the concern about the treatment of these individuals is the rampant torture throughout the Uzbek “justice” system. Once in custody, many are savagely tortured and beaten in hopes of securing self-incriminating statements or evidence against other suspects. To ensure convictions, police authorities plant evidence on innocent individuals, such as weapons, drugs or banned religious propaganda. Judges hand out harsh prison sentences, despite claims of pervasive torture. Furthermore, prison conditions are abominable, infested with disease and pestilence. Individuals imprisoned on religious offenses are reportedly treated extraordinarily harsh; persons wishing to pray are subjected to further beatings and harassment. Incommunicado detention and disappearances of individuals also occur. Also of serious concern are the extrajudicial executions that transpired over the past year. Human rights organizations reported on the deaths of five individuals while in police custody. Despite some Uzbek Government reports listing the cause of death as “heart attack” or “brain tumor,” the open wounds, broken bones and multiple bruises on the corpses tell a very different story. Clearly, there is much cause to worry about the safety of all individuals in prison. Besides physical arrests, the legal regime governing religious groups is designed to repress religious activity. Through these laws and regulations, the government places religious groups in an untenable situation. The government seems to allow approved mosques to operate and permits Christian communities to exist in relative peace (if they do not attempt to proselytize indigenous groups not traditionally Christian). Otherwise, for other religious groups, obtaining official recognition is nearly impossible, and the real threat of government repression looms large. The 1998 Freedom of Conscience and Religious Organizations law instituted registration requirements designed to make achieving official recognition next to impossible. The 1999 amendments to the criminal code increased the importance of registration, as individuals attending an unregistered group are potentially subject to three to five years imprisonment for belonging to an “illegal” group. Individuals caught attending meetings of “banned” religious communities risk up to 20 years imprisonment. Uzbek courts frequently hand down lengthy prison sentences for alleged participation in illegal or banned groups. In addition, the religion law bans religious free speech and private religious instruction, and only permits government approved clerics to wear religious dress. In recent weeks, Uzbek authorities appear more willing to use these provisions to repress unwanted groups and silence dissent. Most recently, on May 25th, Uzbek officials raided the Mir Protestant Church in the Karakalpakstan region in western Uzbekistan. The raid, justified because the church is unregistered, interrupted a service and recorded the names of individuals representing local nationalities, such as Kazakhs and Uzbeks. Authorities ordered individuals of those ethnic groups to appear in court to explain their participation. While the court did not impose a fine, in a similar case in the same region, a court did fine four members of the New Life Church for violating the law on religious organizations. Similarly, due to an inability to register, the small Christian community in Muinak has been denied permission to meet. According to Keston News Service, church members are now forced to meet in secret. Furthermore, the leaders of the Jehovah’s Witnesses in the town of Bukhara could be sentenced to five years in jail for leading an “illegal” religious service, as their community is unregistered. In addition, in May a Tashkent court found a Jehovah’s Witness guilty and fined him for illegal religious teaching when he was caught praying at a friend’s funeral. Even more alarming was the request by the Uzbek Committee for Religious Affairs that Protestant groups stop preaching the Uzbek language, the country’s official language. Mr. Speaker, the overall situation for religious freedom, and human rights generally, in Uzbekistan is bleak. Despite US involvement in the region, the recent increase of government efforts to suppress unrecognized religious groups is deeply troubling. Consequently, I urge the Uzbek Government to honor its commitments as a participating State in the Organization for Security and Cooperation in Europe
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statement
International Day in Support of the Victims of Torture
Wednesday, June 26, 2002Mr. Speaker, I rise today to introduce a resolution condemning the use of torture and other forms of cruel, inhumane, or degrading treatment or punishment wherever they occur--in the United States and other countries. As the United States has become a safe haven for hundreds of thousands of torture victims, the resolution also expresses support for the victims of these heinous acts. I am pleased that I am joined by my colleagues, Representatives STENY HOYER, BEN CARDIN, and ALCEE HASTINGS, as original cosponsors of the measure. The Chairman of the Helsinki Commission, Senator BEN NIGHTHORSE CAMPBELL, is introducing an identical resolution in the Senate. Torture remains the weapon of choice of oppressive regimes. In the worst cases, it is systematically used to silence political opposition, punish religious minorities, and target those who are ethnically or racially different from those in power. It is estimated that some 500,000 torture survivors live in this country alone, most of whom came here as refugees. The debilitating effects of torture often last a lifetime and require substantial medical, psychological and other treatment. Although they are aided by 34 centers in 19 states, the needs of the victims are extensive. I will continue to support funding for torture treatment centers in the United States, as well as foreign treatment centers funded through the U.S. Agency for International Development, and multilateral efforts supported by the UN Voluntary Fund for Victims of Torture. Mr. Speaker, I also want to commend the non-governmental organizations which seek to document this abuse and hold perpetrators accountable. At the same time, I will be working to ensure that the United States continues to play a leadership role in the battle against torture by signaling our unwavering condemnation of this egregious practice. It is particularly important that we send that message now, when irresponsible voices are suggesting that torture may be a necessary tool against terror. Torture creates terror. That is its purpose, and it makes no sense to wage war to defend our great democratic republic and respect for the rule of law and use methods that denigrate the very values we seek to protect. Torture is unconstitutional, barred by the laws of the United States and the laws of all civilized nations. The resolution that Sen. CAMPBELL and I are introducing underscores that message. It recognizes the United Nations International Day in Support of the Victims of Torture--June 26 each year--and encourages the training of law enforcement personnel who are involved in the custody, interrogation, or treatment of any individual who is arrested, detained, or imprisoned, with the hope of preventing the use of this practice. The resolution also calls on the Secretary of State to seek, at relevant international fora, the adoption of an agreement to treat confessions and other evidence obtained through torture or other forms of cruel, inhumane, or degrading treatment or punishment, as inadmissible in any legal proceeding; and to prohibit, in law and in practice, incommunicado detention of prisoners. I urge my colleagues to join me in supporting this resolution and giving it timely consideration.
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statement
Senate Concurrent Resolution 124 - Condemning the Use of Torture and Other Forms of Cruel, Inhumane, or Degrading Treatment or Punishment in the United States and Other Countries, and Expressing Support for Victims of those Practices
Wednesday, June 26, 2002Mr. CAMPBELL (for himself, Mr. DODD, Mr. FEINGOLD, Mrs. CLINTON, and Mr. WELLSTONE) submitted the following concurrent resolution; which was referred to the Committee on the Judiciary: S. Con. Res. 124 Whereas the Eighth Amendment to the United States Constitution prohibits ``cruel and unusual punishments'' and torture is prohibited by law throughout the United States without exception; Whereas the prohibition against torture in international agreements is absolute, unqualified, and non-derogable under any circumstance, even during a state of war or national emergency; Whereas an important component of the concept of comprehensive security in a free society is the fundamental service provided by law enforcement personnel to protect the basic human rights of individuals in society; Whereas individuals require and deserve protection by law enforcement personnel and need the confidence in knowing that such personnel are not themselves agents of torture or other forms of cruel, inhumane, or degrading treatment or punishment, including extortion or other unlawful acts; Whereas individuals who are incarcerated should be treated with respect in accordance with the inherent dignity of the human person; Whereas there is a growing commitment by governments to eradicate torture and other forms of cruel, inhumane, or degrading treatment or punishment, to provide in law and practice procedural and substantive safeguards and remedies to combat such practices, to assist the victims of such practices, and to cooperate with relevant international organizations and nongovernmental organizations with the goal of eradicating such practices; Whereas torture and other forms of cruel, inhumane, or degrading treatment or punishment continues in many countries despite international commitments to take effective legislative, administrative, judicial and other measures to prevent and punish such practices; Whereas the rape of prisoners by prison officials or other prisoners, tolerated for the purpose of intimidation and abuse, is a particularly egregious form of torture; Whereas incommunicado detention facilitates the use of torture and other forms of cruel, inhumane, or degrading treatment or punishment, and may constitute, in and of itself, a form of such practices; Whereas the use of racial profiling to stop, search, investigate, arrest, or convict an individual who is a minority severely erodes the confidence of a society in law enforcement personnel and may make minorities especially vulnerable to torture and other forms of cruel, inhumane, or degrading treatment or punishment; Whereas the use of confessions and other evidence obtained through torture or other forms of cruel, inhumane, or degrading treatment or punishment in legal proceedings runs counter to efforts to eradicate such practices; Whereas more than 500,000 individuals who are survivors of torture live in the United States; Whereas the victims of torture and other forms of cruel, inhumane, or degrading treatment or punishment and their families often suffer devastating effects and therefore require extensive medical and psychological treatment; Whereas medical personnel and torture treatment centers play a critical role in the identification, treatment, and rehabilitation of victims of torture and other forms of cruel, inhumane, or degrading treatment or punishment; and Whereas each year the United Nations designates June 26 as an International Day in Support of Victims of Torture: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That Congress-- (1) condemns the use of torture and other forms of cruel, inhumane, or degrading treatment or punishment in the United States and other countries; (2) recognizes the United Nations International Day in Support of the Victims of Torture and expresses support for all victims of torture and other forms of cruel, inhumane, or degrading treatment or punishment who are struggling to overcome the physical scars and psychological effects of such practices; (3) encourages the training of law enforcement personnel and others who are involved in the custody, interrogation, or treatment of any individual who is arrested, detained, or imprisoned, in the prevention of torture and other forms of cruel, inhumane, or degrading treatment or punishment, in order to reduce and eradicate such practices; and (4) encourages the Secretary of State to seek, at relevant international fora, the adoption of a commitment-- (A) to treat confessions and other evidence obtained through torture or other forms of cruel, inhumane, or degrading treatment or punishment, as inadmissible in any legal proceeding; and (B) to prohibit, in law and in practice, incommunicado detention. Mr. CAMPBELL. Mr. President, I am joined by Senators DODD, FEINGOLD, CLINTON, and WELLSTONE in introducing today a resolution condemning the use of torture and other forms of cruel, inhumane, or degrading treatment or punishment in the United States and other countries, and expressing support for the victims of torture. An identical version is being introduced by Congressman CHRISTOPHER H. SMITH, who co-chairs the Commission on Security and Cooperation in Europe, which I am privileged to chair. Torture is prohibited by a raft of international agreements, including documents of the 55-nation Organization for Security and Cooperation in Europe. It remains, however, a serious problem in many countries. In the worst cases, torture occurs not merely from rogue elements in the police or a lack of appropriate training among law enforcement personnel, but is systematically used by the controlling regime to target political opposition members; racial, ethnic, linguistic or religious minorities; and others. In some countries, medical professionals who treat the victims of torture have become, themselves, victims of torture in government's efforts to document this abuse and to hold perpetrators accountable. The U.S. Congress can continue to play a leadership role by signaling our unwavering condemnation of such egregious practices. Torture is, in effect, prohibited by several articles of the U.S. Constitution. Nevertheless, some commentators have suggested that torture might be an acceptable tool in the war on terrorism. I believe we should answer that proposition with a resounding ``no''. To repeat: torture is unconstitutional. Moreover, as many trained law enforcement officials note, it is also a lousy way to get reliable information. People subjected to torture will often say anything to end the torture. Finally, it makes no sense to wage war to defend our great democracy and use methods that denigrate the very values we seek to protect. Torture is unacceptable, period. The resolution I am introducing today underscores that message. It recognizes the United Nations International Day in Support of the Victims of Torture, marked each June 26th, and encourages the training of law enforcement personnel. Experts estimate that more than 500,000 individuals who are survivors of torture live in the United States. Victims of torture and other forms of cruel, inhumane, or degrading treatment or punishment and their families often suffer devastating effects and therefore require extensive medical and psychological treatment. I am pleased to note the contribution of the Rocky Mountain Survivors Center, located in Denver, CO, in meeting the needs of torture survivors living in Colorado. The Rocky Mountain Center and similar torture treatment centers located elsewhere in the United States play a critical role in the identification, treatment, and rehabilitation of victims of torture and deserve our continued support. As we mark the United Nations International Day in Support of the Victims of Torture, I urge my colleagues to declare their opposition to torture and solidarity with torture survivors by lending their support to this resolution.
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Hearing Addresses Dramatic Increase in Anti-Semitic Attacks Across Europe
Monday, June 17, 2002By H. Knox Thames, CSCE Counsel The United States Helsinki Commission held a hearing May 22, 2002 on the continuing wave of anti-Semitic attacks that has swept across Europe this year. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing. Commissioners Rep. Benjamin Cardin (D-MD), Senator George V. Voinovich (R-OH), and Senator Hillary Rodham Clinton (D-NY) also participated. Testifying before the Commission were Shimon Samuels, Director of the Simon Wiesenthal Center in Paris; Mark B. Levin, Executive Director of NCSJ: Advocates on behalf of Jews in Russia, Ukraine, the Baltic States & Eurasia; Alexandra Arriaga, Director of Government Relations for Amnesty International USA; Rabbi Andrew Baker, Director of International Jewish Affairs for the American Jewish Committee; and Kenneth Jacobson, Director of International Affairs Division for the Anti-Defamation League. Co-Chairman Smith opened the hearing with an urgent appeal to combat increasingly frequent acts of anti-Semitism – including synagogue fire bombings, mob assaults, desecration of cultural property and armed attacks. He detailed the Organization for Security and Cooperation in Europe’s strong position on anti-Semitism, but voiced dismay that some participating States have not taken appropriate measures to combat acts of violence and incitement. “Anti-Semitism is not necessarily based on the hatred of the Judaic faith, but on the Jewish people themselves,” Smith said. “Consequently, the resurfacing of these . . . acts of violence is something that cannot be ignored by our European friends or the United States.” In a submitted statement, Chairman Ben Nighthorse Campbell stated, “The anti-Semitic violence spreading throughout the OSCE region gives cause for deep concern for its scope and viciousness.” Senator Campbell insisted “no longer can these acts of intolerance and violence be viewed as separate occurrences.... [Such] manifestations of anti-Semitism must not be tolerated, period, regardless of the source.” Senator Voinovich expressed consternation over the increasing number of attacks in Europe. He stated he was “saddened and deeply disturbed by reports of anti-Semitism that have taken place recently in some of the world’s strongest democracies: France, Germany, Belgium.” Senator Voinovich added, “Many of Europe’s synagogues have become targets of arson and Molotov cocktails.” Senator Clinton added, anti-Semitism “is something for which all of us have to not only be vigilant but prepared to take action.” She urged President Bush to raise the issue during his planned trip to Europe, and expressed hope that the OSCE commitments undertaken by European governments, in reference to anti-Semitism, would be “followed up by action.” Rep. Cardin, in his opening statement, hoped the hearing would “remind OSCE participating States that they have pledged to unequivocally condemn anti-Semitism and take effective measures to both prosecute those committing such hate crimes and to protect individuals from anti-Semitic violence.” Rep. Cardin also expressed his disappointment that European governments had not taken a more aggressive stand. Dr. Samuels presented chilling testimony on the extent of anti-Semitic attacks in Europe and the failure of European governments and the international community to respond effectively. “Every Jewish building in Paris requires protection,” Samuels testified, reading from a January 16, 2002 Le Monde article. “Any child leaving school may be beaten because he is Jewish, only because he is a Jew.” Among the hundreds of attacks in France just this year, Samuels cited several compelling stories: An eight-year-old girl was wounded by a bullet when a Jewish school bus came under fire in suburban Paris. A rabbi’s car was defaced by graffiti that read “Death to the Jews.” Rather than documenting these incidents as anti-Semitic violence, the French Government identified them as a broken windshield and an act of vandalism, respectively. In effect, there exists what Dr. Samuels called a “black box of denial.” The perpetrators often go unpunished. Mr. Levin addressed anti-Semitism in the former Soviet states, urging appropriate criticism of countries’ shortcomings and recognition of their successes when it comes to combating anti-Semitism. Enforcing existing laws, using the bully pulpit, outreach to the general public, furthering understanding through education, and encouraging a role for religious leaders are all important steps, Levin testified. He concluded, “It is our hope and it is our expectation that when President Bush meets with President Putin in Moscow. . . he will carry this message.” Ms. Arriaga testified that Amnesty International strongly condemns the recent spate of anti-Semitic attacks. “These acts are violations of the most fundamental human rights committed on the basis of an individual’s religion or identity,” she said. Ms. Arriaga made two recommendations. One, President Bush should raise issues of law enforcement accountability and other steps toward combating racist and anti-Semitic attitudes with Russian President Vladimir Putin at the late-May U.S.-Russia summit. Two, Congress should consider lifting the Jackson-Vanik amendment as a means of leveraging discussions. Rabbi Baker made a compelling statement that further highlighted the severity of anti-Semitism. Like Samuels, Baker outlined three sources of hatred that have converged to create the situation in which Europe now finds itself. They include radicalized Muslims, incited by the scathing coverage of Israel in the Arabic press; the surge in popularity of Europe’s far right wing; and a growing hatred of Israel on Europe’s left wing. “The image of an Israeli who is frequently portrayed as an aggressive violator of human rights is quickly conflated with the Jew,” Baker testified. Taking this one step further, Baker continued, cartoonists have depicted Israeli leaders with gross physical exaggerations just as the Nazis depicted the Jewish “villain.” Baker observed the need for U.S. political leaders to approach European leaders “in measured and sober tones.” Concluding his testimony, Baker acknowledged that the U.S. has been European Jewry’s strongest ally in the fight against anti-Semitism. Mr. Jacobson’s testimony framed the issue of anti-Semitism as a national security matter for the United States. Anti-American and anti-Jewish sentiments often go hand-in-hand, he said. Typically, this sort of hatred spreads from one region in the Middle East to another in Europe, in large part, because of anti-Jewish invective spewed by Al Jazeera television, anti-Israel media coverage in France, and trans-ideological Internet propaganda. Appealing for action, Jacobson recommended that Congress and the OSCE work to place this issue on the international diplomatic agenda. He also suggested the international community convene a conference on anti-Semitism. Finally, anti-bias education can help combat anti-Semitism, Jacobson said. Commissioners pledged to raise the issue of anti-Semitism at the upcoming OSCE Berlin Parliamentary Assembly meeting in early July. Among the initiatives discussed was the introduction of a free-standing resolution on anti-Semitic violence in the OSCE region for consideration in Berlin. An un-official transcript of the hearing and written statements submitted by Members and witnesses can be found on the Helsinki Commission’s Internet web site. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives, and one official each from the Departments of State, Defense, and Commerce. Helsinki Commission intern Derek N. Politzer contributed to this article.
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Commission Hearing Examines Cooperation in the War on Terrorism in the OSCE Region
Tuesday, June 04, 2002United States and European officials testified before a May 8, 2002 hearing of the Commission on Security and Cooperation in Europe on the degree of cooperation among OSCE participating States in the war against terrorism. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing with participation by Ranking Member Rep. Steny H. Hoyer (D-MD), Commissioners Rep. Benjamin L. Cardin (D-MD), Rep. Joseph R. Pitts (R-PA),Rep. Alcee L. Hastings (D-FL), Rep. Frank R. Wolf (R-VA), and Rep. Robert B. Aderholt (R-AL). Portuguese Foreign Minister Antonio Martins da Cruz testified in his capacity as OSCE Chairman-in-Office, while Spain’s Ambassador to the United States, Javier Ruperez, spoke on behalf of the European Union. The State Department’s Principal Deputy Coordinator for Counter-Terrorism, Mark Wong, and the Treasury Department’s Under Secretary for Enforcement, Jimmy Gurulé, represented the Administration. OSCE to Focus on Policing, Border Control, Trafficking and Money Laundering While the OSCE participating States have undertaken anti-terrorism commitments dating as far back as the 1975 Helsinki Final Act, the September 11 terrorist attacks against the United States have given new urgency to cooperation in combating the threats posed by terrorism. Last December, the 55 participating States adopted a Decision on Combating Terrorism at the Bucharest OSCE Ministerial Meeting and subsequently agreed to a Plan of Action at an OSCE and UN-sponsored international conference on strengthening efforts to counter terrorism held in Bishkek, Kyrgyzstan. At the hearing, Foreign Minister Martins da Cruz outlined related measures taken under Portugal’s chairmanship, including the appointment of former Danish Defense Minister Jan Troejborg to serve as the Chairman’s personal representative in coordinating OSCE activities relating to terrorism. Martins da Cruz highlighted policing, border control, trafficking and money laundering as four strategic areas for OSCE focus and noted the establishment of an anti-terrorism unit within the OSCE Secretariat to develop concrete projects in these areas. The Minister described a meeting of secretaries general and other high representatives of international and regional organizations to be held in Lisbon, on June 12, with the aim of enhancing collaboration and coordination on anti-terrorism initiatives. Finally, the Foreign Minister suggested that new measures to fight terrorism, and the financing of it, could be elaborated in an OSCE charter on terrorism. Skeptics have questioned the need for such a charter given the extensive body of existing OSCE anti-terrorism commitments and action plans. Several Helsinki Commissioners emphasized the responsibility first and foremost of the participating States themselves to implement such commitments whether through unilateral or bilateral action as well as multilateral initiatives undertaken by the OSCE. Co-Chairman Smith noted that “terrorists survive and thrive thanks to organized criminal activity, official corruption, inadequate law enforcement and state repression. The OSCE has developed an ability unique among international organizations to highlight these problems and encourage solutions, through multilateral cooperation and the implementation of commitments made by each participating State.” Commission Chairman Senator Ben Nighthorse Campbell (R-CO) echoed this theme in prepared remarks, “The OSCE participating States can make a meaningful contribution to the antiterrorism campaign by focusing on the OSCE principles of democracy, human rights and the rule of law while promoting practical cooperation in combating corruption and international crime – issues closely linked to terrorism.” “It would be a mistake if the OSCE were to be a mere talk shop on terrorism, ” commented Ranking Commissioner Steny H. Hoyer (D-MD). “The organization needs to engage: coordinating activities, reporting from the field, encouraging action to be taken as necessary by the participating States.” Commissioner Pitts, noting how many OSCE countries disregard their commitments, particularly in human rights, asked if there was really much value to negotiating an OSCE charter on terrorism instead of encouraging States to implement existing commitments. The Foreign Minister defended the proposal, arguing that a charter would serve as a useful guideline, especially for countries making the transition to a democracy. Contribution of the European Union Ambassador Javier Ruperez assured the Commission that the European Union “stands firmly with the people of this country, of the United States of America, and with its government in its common struggle against terrorism.” Ruperez then highlighted steps taken by the EU, leading up to the May 2nd Washington summit between President George W. Bush and EU President José María Aznar, with the fight against terrorism as its top priority. The EU Member States have agreed to a common definition of terrorism, adopted a Europe-wide arrest warrant (which the EU would like to extend bilaterally with the United States), and developed law enforcement and judicial cooperation through EUROPOL and EUROJUST. At the U.S.-EU summit, parties negotiated mandates for treaties on extradition and mutual legal assistance. Ruperez stressed the importance of ongoing efforts aimed at developing a consolidated list of individuals and organizations considered to be terrorist by both the EU and the United States. He expressed Spain’s pride in presiding over the EU while these developments were accomplished, especially given Spain’s own struggle against terrorism. Co-Chairman Smith stressed the need to cooperate not only in preventing terrorist acts, but in dealing with them once they occur. Noting the attack on the World Trade Center and the subsequent spread of anthrax in the mail in his own congressional district, Smith expressed shock at how unprepared the authorities were to deal with such catastrophic events. “It’s a matter of when and not if,” Smith said. “I hate to say it, but I think there are enough people who are so radical, so extreme and so full of hate with access to potential weapons of mass destruction that we’ve got to prepare for the worst and pray it never happens.”Views from State and Treasury Mark Wong of the State Department’s Office for Counter-Terrorism stressed President Bush’s definition of the campaign against terrorism as multi-dimensional, entailing not just bilateral but multilateral cooperation in a variety of areas. “All partners in this battle have something to contribute and we all need that contribution,” Mr. Wong said. “No nation, even one as powerful as the United States, can succeed in this long-term battle going it alone.” Mr. Wong praised the EU for its support of the United States, especially in regard to the military response and the efforts to cut terrorist financing. He also called the OSCE one of the “most energetic and cooperative organizations” not only in rallying its participating States to respond to terrorism but also in promoting human rights and democracy building, which, along with the rule of law are “fundamental elements of our broad-based counter-terrorism strategy.” Mr. Wong also said that OSCE police training activities, focused on the Balkans, are very useful in the long-range fight against terrorism. The Coordinator also noted OSCE comprehensive membership as an asset, and pointed to U.S.-Russian cooperation in the OSCE response to terrorism. In his testimony, Secretary Gurulé detailed accomplishments to date in cutting the finances of terrorists. “Treasury has named 210 individuals and entities as financiers of terrorism,” Gurulé said, “and has blocked over $34.3 million in assets. Our coalition partners have blocked an additional $81.3 million. One hundred ninety-six nations have expressed support to disrupt terrorist financing, and 161 nations have blocking orders in place. It would do little good if the Treasury Department issued blocking orders on the bank accounts of terrorist financiers but the terrorists were, nonetheless, able to move their money globally through foreign bank accounts. It was imperative to work closely with our international partners to develop an international coalition to go after terrorist funds.” Secretary Gurulé saw potential for the OSCE as a clearinghouse for linking particular needs of participating States regarding a range of issues from anti-terrorist financing initiatives to expertise of terrorist networks. He noted that there is the will to cooperate but sometimes not the technical ability, legislation or law enforcement mechanisms to conduct complex money laundering and terrorist financing investigations. Country Critiques Particular concerns regarding countries or geographic areas within the OSCE region were raised either during the hearing or in subsequent questions submitted to the State and Treasury Departments which, along with official responses, will become part of the hearing record. Belarus was highlighted for allegedly selling weapons to rogue state sponsors of terrorism. Recent reports that Ukraine and the Czech Republic had also sold or allowed the delivery of weapons to countries like Iraq were raised as well. Commission Members expressed fear that the United States was working with governments in countering terrorism threats that also used such threats as a pretext to deny basic human rights, silence opposition or thwart religious freedoms. Concerns were also voiced with respect to developments in Uzbekistan, Kazakhstan and Georgia. Inquiries were made regarding the extent to which the Russian Federation is cooperating on the financial front and in isolating terrorist-supporting states around the globe. Finally, southeastern Europe was noted for being vulnerable to organized crime and corruption, especially in smuggling and trafficking, which could be used to help finance terrorist organizations. With the OSCE Parliamentary Assembly’s Berlin Annual Session slated to focus on terrorism, several Commissioners asked the Administration witnesses for suggestions on issues relating to the war on terrorism which could be pursued during the course of the meeting in early July. An un-official transcript of the hearing is accessible through the Helsinki Commission’s Internet web site at http://www.csce.gov. 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
Commission Hearing Examines Cooperation in the War on Terrorism in the OSCE Region
Tuesday, June 04, 2002United States and European officials testified before a May 8, 2002 hearing of the Commission on Security and Cooperation in Europe on the degree of cooperation among OSCE participating States in the war against terrorism. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing with participation by Ranking Member Rep. Steny H. Hoyer (D-MD), Commissioners Rep. Benjamin L. Cardin (D-MD), Rep. Joseph R. Pitts (R-PA), Rep. Alcee L. Hastings (D-FL), Rep. Frank R. Wolf (R-VA), and Rep. Robert B. Aderholt (R-AL). Portuguese Foreign Minister Antonio Martins da Cruz testified in his capacity as OSCE Chairman-in-Office, while Spain’s Ambassador to the United States, Javier Ruperez, spoke on behalf of the European Union. The State Department’s Principal Deputy Coordinator for Counter-Terrorism, Mark Wong, and the Treasury Department’s Under Secretary for Enforcement, Jimmy Gurulé, represented the Administration. OSCE to Focus on Policing, Border Control, Trafficking and Money Laundering While the OSCE participating States have undertaken anti-terrorism commitments dating as far back as the 1975 Helsinki Final Act, the September 11 terrorist attacks against the United States have given new urgency to cooperation in combating the threats posed by terrorism. Last December, the 55 participating States adopted a Decision on Combating Terrorism at the Bucharest OSCE Ministerial Meeting and subsequently agreed to a Plan of Action at an OSCE and UN-sponsored international conference on strengthening efforts to counter terrorism held in Bishkek, Kyrgyzstan. At the hearing, Foreign Minister Martins da Cruz outlined related measures taken under Portugal’s chairmanship, including the appointment of former Danish Defense Minister Jan Troejborg to serve as the Chairman’s personal representative in coordinating OSCE activities relating to terrorism. Martins da Cruz highlighted policing, border control, trafficking and money laundering as four strategic areas for OSCE focus and noted the establishment of an anti-terrorism unit within the OSCE Secretariat to develop concrete projects in these areas. The Minister described a meeting of secretaries general and other high representatives of international and regional organizations to be held in Lisbon, on June 12, with the aim of enhancing collaboration and coordination on anti-terrorism initiatives. Finally, the Foreign Minister suggested that new measures to fight terrorism, and the financing of it, could be elaborated in an OSCE charter on terrorism. Skeptics have questioned the need for such a charter given the extensive body of existing OSCE anti-terrorism commitments and action plans. Several Helsinki Commissioners emphasized the responsibility first and foremost of the participating States themselves to implement such commitments whether through unilateral or bilateral action as well as multilateral initiatives undertaken by the OSCE. Co-Chairman Smith noted that “terrorists survive and thrive thanks to organized criminal activity, official corruption, inadequate law enforcement and state repression. The OSCE has developed an ability unique among international organizations to highlight these problems and encourage solutions, through multilateral cooperation and the implementation of commitments made by each participating State.” Commission Chairman Senator Ben Nighthorse Campbell (R-CO) echoed this theme in prepared remarks, “The OSCE participating States can make a meaningful contribution to the antiterrorism campaign by focusing on the OSCE principles of democracy, human rights and the rule of law while promoting practical cooperation in combating corruption and international crime – issues closely linked to terrorism.” “It would be a mistake if the OSCE were to be a mere talk shop on terrorism,” commented Ranking Commissioner Steny H. Hoyer (D-MD). “The organization needs to engage: coordinating activities, reporting from the field, encouraging action to be taken as necessary by the participating States.” Commissioner Pitts, noting how many OSCE countries disregard their commitments, particularly in human rights, asked if there was really much value to negotiating an OSCE charter on terrorism instead of encouraging States to implement existing commitments. The Foreign Minister defended the proposal, arguing that a charter would serve as a useful guideline, especially for countries making the transition to a democracy. Contribution of the European Union Ambassador Javier Ruperez assured the Commission that the European Union “stands firmly with the people of this country, of the United States of America, and with its government in its common struggle against terrorism.” Ruperez then highlighted steps taken by the EU, leading up to the May 2nd Washington summit between President George W. Bush and EU President José María Aznar, with the fight against terrorism as its top priority. The EU Member States have agreed to a common definition of terrorism, adopted a Europe-wide arrest warrant (which the EU would like to extend bilaterally with the United States), and developed law enforcement and judicial cooperation through EUROPOL and EUROJUST. At the U.S.-EU summit, parties negotiated mandates for treaties on extradition and mutual legal assistance. Ruperez stressed the importance of ongoing efforts aimed at developing a consolidated list of individuals and organizations considered to be terrorist by both the EU and the United States. He expressed Spain’s pride in presiding over the EU while these developments were accomplished, especially given Spain’s own struggle against terrorism. Co-Chairman Smith stressed the need to cooperate not only in preventing terrorist acts, but in dealing with them once they occur. Noting the attack on the World Trade Center and the subsequent spread of anthrax in the mail in his own congressional district, Smith expressed shock at how unprepared the authorities were to deal with such catastrophic events. “It’s a matter of when and not if,” Smith said. “I hate to say it, but I think there are enough people who are so radical, so extreme and so full of hate with access to potential weapons of mass destruction that we’ve got to prepare for the worst and pray it never happens.” Views from State and Treasury Mark Wong of the State Department’s Office for Counter-Terrorism stressed President Bush’s definition of the campaign against terrorism as multi-dimensional, entailing not just bilateral but multilateral cooperation in a variety of areas. “All partners in this battle have something to contribute and we all need that contribution,” Mr. Wong said. “No nation, even one as powerful as the United States, can succeed in this long-term battle going it alone.” Mr. Wong praised the EU for its support of the United States, especially in regard to the military response and the efforts to cut terrorist financing. He also called the OSCE one of the “most energetic and cooperative organizations” not only in rallying its participating States to respond to terrorism but also in promoting human rights and democracy building, which, along with the rule of law are “fundamental elements of our broad-based counter-terrorism strategy.” Mr. Wong also said that OSCE police training activities, focused on the Balkans, are very useful in the long-range fight against terrorism. The Coordinator also noted OSCE comprehensive membership as an asset, and pointed to U.S.-Russian cooperation in the OSCE response to terrorism. In his testimony, Secretary Gurulé detailed accomplishments to date in cutting the finances of terrorists. “Treasury has named 210 individuals and entities as financiers of terrorism,” Gurulé said, “and has blocked over $34.3 million in assets. Our coalition partners have blocked an additional $81.3 million. One hundred ninety-six nations have expressed support to disrupt terrorist financing, and 161 nations have blocking orders in place. It would do little good if the Treasury Department issued blocking orders on the bank accounts of terrorist financiers but the terrorists were, nonetheless, able to move their money globally through foreign bank accounts. It was imperative to work closely with our international partners to develop an international coalition to go after terrorist funds.” Secretary Gurulé saw potential for the OSCE as a clearinghouse for linking particular needs of participating States regarding a range of issues from anti-terrorist financing initiatives to expertise of terrorist networks. He noted that there is the will to cooperate but sometimes not the technical ability, legislation or law enforcement mechanisms to conduct complex money laundering and terrorist financing investigations. Country Critiques Particular concerns regarding countries or geographic areas within the OSCE region were raised either during the hearing or in subsequent questions submitted to the State and Treasury Departments which, along with official responses, will become part of the hearing record. Belarus was highlighted for allegedly selling weapons to rogue state sponsors of terrorism. Recent reports that Ukraine and the Czech Republic had also sold or allowed the delivery of weapons to countries like Iraq were raised as well. Commission Members expressed fear that the United States was working with governments in countering terrorism threats that also used such threats as a pretext to deny basic human rights, silence opposition or thwart religious freedoms. Concerns were also voiced with respect to developments in Uzbekistan, Kazakhstan and Georgia. Inquiries were made regarding the extent to which the Russian Federation is cooperating on the financial front and in isolating terrorist-supporting states around the globe. Finally, southeastern Europe was noted for being vulnerable to organized crime and corruption, especially in smuggling and trafficking, which could be used to help finance terrorist organizations. With the OSCE Parliamentary Assembly’s Berlin Annual Session slated to focus on terrorism, several Commissioners asked the Administration witnesses for suggestions on issues relating to the war on terrorism which could be pursued during the course of the meeting in early July. 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
Escalating anti-Semitic Violence in Europe
Wednesday, May 22, 2002While the anti-Semitism scourge lurks in the United States, the sharp escalation of violence against Jews in the OSCE region deserves attention. The most brutal incidents in recent months have occurred in France, Belgium and Germany. Violence has also been directed toward the Jewish community in the United Kingdom, Greece and Ukraine. OSCE participating States have pledged to unequivocally condemn anti-Semitism and take effective measures to protect individuals from anti-Semitic violence. Despite that commitment, attacks against Jews continue. Two Yeshiva students from New Jersey were assaulted in Germany. A mob attacked Jewish worshipers in a Ukraine synagogue. A gang attacked Jewish high school soccer players in France. Vandals vandalized several synagogues in Russia. A Marseille synagogue burned to the ground and synagogues elsewhere in the OSCE region have suffered firebomb attacks. Coupled with a resurgence of aggressive nationalism and an increase in neo-Nazi “skin head” activity, participating States throughout the OSCE region face the urgent challenge of stemming the tide of escalating anti-Semitic violence.
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article
HEARING FOCUSES ON RUSSIAN-CHECHEN WAR
Thursday, May 16, 2002By John J. Finerty CSCE Staff Advisor The United States Helsinki Commission conducted a hearing on the latest developments in the conflict in Chechnya on May 9, 2002. Commissioner Rep. Robert B. Aderholt (R-AL) chaired the hearing. Commissioners Rep. Joseph R. Pitts (R-PA) and Rep. Alcee L. Hastings (D-FL) also participated. Testifying before the Commission were Steven Pifer, Deputy Assistant Secretary for European and Eurasian Affairs at the U.S. Department of State; Ms. Aset Chadaeva, a pediatric nurse and former resident of Chechnya; Andrei Babitsky, Radio Liberty correspondent and author of Undesirable Witness; and Anatol Lieven, Senior Associate at the Carnegie Endowment for International Peace. “The United States Government is committed to doing all that we can to bring about an end to this conflict and to relieve the suffering of the civilian population,” testified Secretary Pifer. He asserted that the issue of Chechnya has been raised frequently by U.S. government officials with their counterparts, and President George W. Bush discussed it with President Vladimir Putin last November. “We anticipate it will come up at the summit in Moscow and St. Petersburg in two weeks,” Pifer said. “We seek a political settlement that will end the fighting, promote reconciliation, and recognize the territorial integrity of the Russian Federation [as well as] accountability for human rights abuses committed by all sides, and unimpeded access to the displaced by humanitarian organizations,” Pifer elaborated. Referring to U.S. concern about links of some Chechen forces with international terrorist groups, Secretary Pifer stated that the United States Government has called on Chechen President Aslan Maskhadov and other moderate Chechens to disassociate themselves from terrorists. On this point, Pifer noted the United States Government’s efforts to train and equip Georgian military units to deal with terrorist elements in the Pankisi Gorge adjacent to Chechnya’s southern border. Pifer testified that the United States has been the largest single provider of humanitarian aid to the North Caucasus. Since 1999 the U.S. Government has contributed more than 30 million dollars to relieve war-related suffering in the region. Ms. Chadaeva presented gripping testimony based on her work as a nurse in the Chechen town of Aldi on February 5, 2000, when Russian contract soldiers conducted a “cleansing operation” that left sixty civilians dead. “They threw grenades into basements where people were hiding,” Chadaeva said. “They executed unarmed men, women, old people and children. The victims ranged in age from a one-year-old baby to an eighty-two-year-old woman. They killed a woman who was eight months pregnant and her one-year-old son. All my patients who had been wounded during the bombings, who were getting well, were killed and their bodies burned.” Asked if the soldiers intended to kill their victims or if the casualties were the result of random grenades, Chadaeva replied, “these people were killed by being shot in the head...the soldiers knew exactly whom they were killing.” Concluding her description of wanton killing of Chechen civilians by Russian forces, Ms. Chadaeva asked “Is it really necessary to have millions of victims to call such behavior genocide? Isn’t the death of 100,000 Chechens since 1994 in the two Russian-Chechen wars sufficient reason for effective international action to end the conflict and the agony of the Chechen people?” Andrei Babitsky briefly described the fate of people killed for unknown reasons in Chechnya their bodies found bearing signs of torture. They were killed, he said, “as part of the anarchy and arbitrary rule which is now the order of the day in Chechnya.” The Radio Liberty correspondent then described the efforts made by Russian authorities, to prevent information about the war, especially human rights violations and atrocities against non-combatants, from reaching the general public. Moscow had succeeded in creating a “ghetto” of the war zone, he asserted, “shut off from the sight and influence of the outside world.” The main issue, Babitsky contended, is not how individual Russian journalists view the war. Most reporters agree with the official position that Moscow is waging an “anti-terrorist” and “anti-separatist” operation. “The main issue is that the Russian military and the Kremlin have banned reports on killings, torture and kidnaping of civilians by the Russian military,” Babitsky said. “The lack of information about Chechnya is one of the most effective ways to create a situation in which killers and kidnappers in epaulets can operate without legal accountability.” Regarding assertions by Moscow of Chechen involvement with Al Qaeda and the Taliban, Babitsky noted that during a recent visit to Afghanistan, neither he nor other Russian journalists found any Chechen fighters, despite a concerted search. Anatol Lieven observed that the United States now recognizes the presence of international Islamic militant forces in Chechnya and Georgia, whereas earlier, “this was downplayed or even ignored altogether by wide sections of U.S. officialdom, the media and public opinion.” The prevention or elimination of lawless areas and quasi-states in the Muslim world – of which Chechnya between 1996 and 1999 was one – is now recognized as a vital U.S. national interest, since such areas can all too easily become safe havens for Al Qaeda or allied groups,” Lieven continued. Nevertheless, Lieven stated, “while extremists and terrorists have established a strong presence in Chechnya, they have been able to do so because of the legitimate grievances and the great suffering of the Chechen people...The initial appearance of these forces – as in Afghanistan – was due to the brutal Russian military intervention of 1994-96; and the way in which they were able to carve out a powerful position for themselves in 1996-99 owed an enormous amount to the destruction, brutalization, and radicalization left behind by that war.” Summing up, Lieven suggested that U.S. goals should be the destruction or exclusion of the radicals followed by a sharp reduction of the Russian military presence, free elections for a Chechen administration, and the restoration of autonomy. However, he concluded, “before it can embark on any such path the U.S. needs to think very seriously about the correct balance between sympathy for Chechen suffering, respect for Russian security and sovereignty, and America’s own vital interests in this region, in the context of the wider war against terrorism.” An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission’s Internet web site. 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
Hearing Focuses on Russian-Chechen War
Thursday, May 16, 2002The United States Helsinki Commission conducted a hearing on the latest developments in the conflict in Chechnya on May 9, 2002. Commissioner Rep. Robert B. Aderholt (R-AL) chaired the hearing. Commissioners Rep. Joseph R. Pitts (R-PA) and Rep. Alcee L. Hastings (D-FL) also participated. Testifying before the Commission were Steven Pifer, Deputy Assistant Secretary for European and Eurasian Affairs at the U.S. Department of State; Ms. Aset Chadaeva, a pediatric nurse and former resident of Chechnya; Andrei Babitsky, Radio Liberty correspondent and author of Undesirable Witness; and Anatol Lieven, Senior Associate at the Carnegie Endowment for International Peace. “The United States Government is committed to doing all that we can to bring about an end to this conflict and to relieve the suffering of the civilian population,” testified Secretary Pifer. He asserted that the issue of Chechnya has been raised frequently by U.S. government officials with their counterparts, and President George W. Bush discussed it with President Vladimir Putin last November. “We anticipate it will come up at the summit in Moscow and St. Petersburg in two weeks,” Pifer said. “We seek a political settlement that will end the fighting, promote reconciliation, and recognize the territorial integrity of the Russian Federation [as well as] accountability for human rights abuses committed by all sides, and unimpeded access to the displaced by humanitarian organizations,” Pifer elaborated. Referring to U.S. concern about links of some Chechen forces with international terrorist groups, Secretary Pifer stated that the United States Government has called on Chechen President Aslan Maskhadov and other moderate Chechens to disassociate themselves from terrorists. On this point, Pifer noted the United States Government’s efforts to train and equip Georgian military units to deal with terrorist elements in the Pankisi Gorge adjacent to Chechnya’s southern border. Pifer testified that the United States has been the largest single provider of humanitarian aid to the North Caucasus. Since 1999 the U.S. Government has contributed more than 30 million dollars to relieve war-related suffering in the region. Ms. Chadaeva presented gripping testimony based on her work as a nurse in the Chechen town of Aldi on February 5, 2000, when Russian contract soldiers conducted a “cleansing operation” that left sixty civilians dead. “They threw grenades into basements where people were hiding,” Chadaeva said. “They executed unarmed men, women, old people and children. The victims ranged in age from a one-year-old baby to an eighty-two-year-old woman. They killed a woman who was eight months pregnant and her one-year-old son. All my patients who had been wounded during the bombings, who were getting well, were killed and their bodies burned.” Asked if the soldiers intended to kill their victims or if the casualties were the result of random grenades, Chadaeva replied, “these people were killed by being shot in the head...the soldiers knew exactly whom they were killing.” Concluding her description of wanton killing of Chechen civilians by Russian forces, Ms. Chadaeva asked “Is it really necessary to have millions of victims to call such behavior genocide? Isn’t the death of 100,000 Chechens since 1994 in the two Russian-Chechen wars sufficient reason for effective international action to end the conflict and the agony of the Chechen people?” Andrei Babitsky briefly described the fate of people killed for unknown reasons in Chechnya their bodies found bearing signs of torture. They were killed, he said, “as part of the anarchy and arbitrary rule which is now the order of the day in Chechnya.” The Radio Liberty correspondent then described the efforts made by Russian authorities, to prevent information about the war, especially human rights violations and atrocities against non-combatants, from reaching the general public. Moscow had succeeded in creating a “ghetto” of the war zone, he asserted, “shut off from the sight and influence of the outside world.” The main issue, Babitsky contended, is not how individual Russian journalists view the war. Most reporters agree with the official position that Moscow is waging an “anti-terrorist” and “anti-separatist” operation. “The main issue is that the Russian military and the Kremlin have banned reports on killings, torture and kidnaping of civilians by the Russian military,” Babitsky said. “The lack of information about Chechnya is one of the most effective ways to create a situation in which killers and kidnappers in epaulets can operate without legal accountability.” Regarding assertions by Moscow of Chechen involvement with Al Qaeda and the Taliban, Babitsky noted that during a recent visit to Afghanistan, neither he nor other Russian journalists found any Chechen fighters, despite a concerted search. Anatol Lieven observed that the United States now recognizes the presence of international Islamic militant forces in Chechnya and Georgia, whereas earlier, “this was downplayed or even ignored altogether by wide sections of U.S. officialdom, the media and public opinion.” The prevention or elimination of lawless areas and quasi-states in the Muslim world – of which Chechnya between 1996 and 1999 was one – is now recognized as a vital U.S. national interest, since such areas can all too easily become safe havens for Al Qaeda or allied groups,” Lieven continued. Nevertheless, Lieven stated, “while extremists and terrorists have established a strong presence in Chechnya, they have been able to do so because of the legitimate grievances and the great suffering of the Chechen people...The initial appearance of these forces – as in Afghanistan – was due to the brutal Russian military intervention of 1994-96; and the way in which they were able to carve out a powerful position for themselves in 1996-99 owed an enormous amount to the destruction, brutalization, and radicalization left behind by that war.” Summing up, Lieven suggested that U.S. goals should be the destruction or exclusion of the radicals followed by a sharp reduction of the Russian military presence, free elections for a Chechen administration, and the restoration of autonomy. However, he concluded, “before it can embark on any such path the U.S. needs to think very seriously about the correct balance between sympathy for Chechen suffering, respect for Russian security and sovereignty, and America’s own vital interests in this region, in the context of the wider war against terrorism.” An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission’s Internet web site. 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
Developments in the Chechen Conflict
Thursday, May 09, 2002Since renewal of the Chechen war in late 1999, the conflict has been characterized by brutality and violations of human rights on both sides, especially on the part of the Russian military with its greater firepower. Hundreds of Chechens, especially males of military age, have been killed or have disappeared as a result of Russian military “sweeps.” An estimated 150,000 – 200,000 civilians have been forced to relocate to neighboring refugee camps. Moscow contends that the war in Chechnya is an integral part of the war against international terrorism, and the U.S. Government has confirmed links between some insurgents in Chechnya and “various terrorist organizations and mujahidin.” The U.S. Government has called upon Chechnya’s leadership to “immediately and unconditionally cut all contacts with international terrorist groups,” while calling for “accountability for human rights violations on all sides” and a political solution to the conflict.
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hearing
Romani Human Rights: Old Problems, New Possibilities
Tuesday, April 09, 2002This hearing discussed the mistreatment of the Romani, in particular the discrimination they face in Central and Eastern Europe. Witnesses commented on the exclusion of Romani from public facilities in several countries, which the governments justify as legal and legitimate public order measures. Witnesses also brought up articles in several European newspapers that explicitly described Roma children as less intelligent and more suited for “special” schools with limited academic resources. The hearing also discussed the use of a successful anti-discrimination program in Viden, Bulgaria as a model for other communities.
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briefing
Escalating Violence and Rights Violations in Central Asia
Thursday, March 28, 2002This briefing was moderated by CSCE Commissioner Christopher H. Smith (NJ-04), and witnesses included Vitaly Pononaryov, Director of the Central Asia Program; Abdusalom Ergashev at the Head Ferghana Branch of the Human Rights Organization of Uzbekistan; Pulat Akhunov, Director of the Central Asian Association of Sweden; and Michael Ochs, Senior Staff Advisor at the Helsinki Commission. As a briefing that took place shortly after the events on September 11, 2001, it was noted that ties between the United States and Central Asian states had become a lot closer to strategically adapt to the changing circumstances in Afghanistan and Iraq. In fact, Presidents Karimov and Bush signed a declaration on strategic partnership and cooperation. Unfortunately, though, Central Asian republics, especially Uzbekistan and Turkmenistan, do not have very good human rights records, which were discouraging for the case of Permanent Normal Trade Relations with these countries, something that the Bush Administration had intended to commit to.
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briefing
U.S. Policy in Central Asia and Human Rights Concerns
Thursday, March 07, 2002This briefing addressed U.S. policy in Central Asia and human rights concerns in the region in advance of the President of Uzbekistan’s visit to Washington, which had drawn attention to the deepening engagement of the United States in the region. Questions about Washington’s leverage presently and in the foreseeable future as well as the prospects for improving the dismal human rights situation in the region were discussed. Witnesses testifying at the briefing – including Lawrence Uzzell, Director of the Keston Institute; E. Wayne Merry, Senior Associate of the American Foreign Policy Council; and Nina Shea, Commissioner of the U.S. Commission on International Religious Freedom – presented numerous examples of the human rights violations that occur in Central Asian countries like Uzbekistan and pointed to the inheritance of imperial policies of commodity exploitation, ecological damage, and extremely bad demographics as several of the motivating factors of these violations.
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article
Anti-Terrorism Conference Held in Bishkek
Tuesday, February 12, 2002By Janice Helwig Policy Advisor The Organization for Security and Cooperation in Europe (OSCE) – together with the United Nations Office for Drug Control and Crime Prevention (UNODCCP) – organized the Bishkek International Conference on Enhancing Security and Stability in Central Asia from December 13-14, 2001 to discuss ways in which the Central Asian countries can contribute to the global fight against terrorism. The conference was a step in implementing the OSCE Action Plan for Combating Terrorism, adopted by the OSCE participating States at the Bucharest Ministerial Meeting earlier in December. The meeting culminated with the adoption of a political declaration and an action program outlining areas where international assistance is particularly needed. (All documents are available on the OSCE website at www.osce.org) The conference also gave State authorities a chance to share experiences and ideas with each other; Spain and the United Kingdom, in particular, discussed lessons they had learned in combating terrorism in their countries. OSCE States had the opportunity to exchange views with countries not normally included in OSCE meetings, such as Pakistan, Iran, India, and China. The goal of the conference was to progress from discussion to action by identifying concrete areas for international assistance to Central Asia in fighting terrorism. The success of the conference depends on whether OSCE States and international organizations follow up on the areas identified and come forward with projects and funding. Kyrgyz President Askar Akaev opened the meeting, and Kyrgyz Foreign Minister Imanaliev also participated. In addition to OSCE participating States, then Chairman-in-Office Romanian Foreign Minister Mircea Geoana attended the conference, as did representatives from several OSCE Institutions – including High Commissioner on National Minorities Rolf Ekeus, Director of ODIHR Gerard Stoudmann, OSCE Secretary General Jan Kubis, and OSCE Parliamentary Assembly Vice-President Ahmet Tan. In addition to UNODCCP, several other international organizations participated, including the Organization of Islamic Conference (OIC), and the International Organization for Migration (IOM). President Akaev stressed the importance of international support for a neutral Afghanistan that will no longer be a haven for extremism, drugs, or terrorism. Kyrgyzstan and other Central Asian states had been pointing out the potential for violence, terrorism, and extremism to spill over from Afghanistan for several years, he noted, but the international community had taken no preventive steps. International efforts to combat terrorism now need to be more proactive. Poverty must be addressed throughout the region in order to minimize the possibility of its being exploited by terrorists to gain followers. All Central Asian states asked for technical and financial assistance, particularly to fight drug trafficking and organized crime, which are often sources of funding for terrorist organizations. The U.S. delegation was co-headed by Stephan M. Minikes, U.S. Ambassador to the OSCE, and Steven Monblatt, Deputy Coordinator in the State Department Office of the Coordinator for Counter Terrorism. Other members of the delegation included representatives from the State Department’s Bureaus of Democracy, Human Rights, and Labor, and of International and Law Enforcement Affairs, as well as a representative of the CSCE. Ambassador Minikes summed up the U.S. position in his closing statement, “We must ensure that our societies are ones in which terrorists cannot thrive, that our societies are ones in which human rights are respected, and in which rule of law, freedom of expression, tolerance, and democracy strengthen stability. As so many noted in Bishkek, societies of inclusion, with economic opportunities for all, pluralistic debate, a political commitment to conflict resolution, and where integration does not mean losing one's identity, are those where extremists have the least chance of generating sympathy and support from the moderate majority.” Other OSCE States discussed the importance of a concerted international effort against terrorism that includes fostering human rights, the rule of law, and economic development. The delegations of the United Kingdom and Spain shared their experiences fighting terrorism. The UK underscored that, based on lessons learned in Northern Ireland, respect for rule of law and human rights must be the basis for any approach to fighting terrorism; otherwise, authorities lose the moral high ground and the support of moderates. In addition, free political debate is essential to provide a peaceful alternative for dissenting views and prevent terrorists from gaining the support of those who share their views but not their methods. ODIHR Director Stoudmann stressed the need for caution as new procedures and legislation are put in place to combat terrorism; government authorities should not, above all, use terrorism as an excuse to rid themselves of opposition or dissent, he suggested. He offered ODIHR’s services in reviewing draft anti-terrorism legislation to ensure that international standards are upheld. In the political declaration, states participating in the conference pledged to work together against terrorism in full conformity with their OSCE commitments and fully respect human rights and the rule of law. They rejected the identification of terrorism with any particular religion or culture. They also noted that, as a neighbor to Afghanistan, the Central Asian region has been exposed to specific challenges and threats to security and therefore needs particular assistance in combating terrorism. The program of action outlined the following priorities for concrete programs: Promoting ratification and implementation of international conventions related to combating terrorism; Enhancing cooperation between both national and international agencies involved in combating terrorism and in fighting crime; Adopting national anti-money laundering legislation and create corresponding structures; Increasing cooperation in the protection of human rights and in strengthening rule of law and democratic institutions; Assisting judicial systems through training and strengthening independence; Fostering political dialogue, including through political parties, civil society, and free media; Addressing economic problems, including through programs to attract investment; Assisting Central Asian states in controlling their borders, particularly with regard to drug trafficking; and Encouraging joint training and operational activities among the countries of Central Asia.
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statement
Human Rights in Central Asia
Thursday, December 20, 2001Mr. Speaker, on Friday, December 21, Kazakhstan's President Nursultan Nazarbaev will be meeting with President Bush. Sometime in January, Uzbekistan's President Islam Karimov is likely to arrive for his visit. The invitations to these Heads of State obviously reflect the overriding U.S. priority of fighting international terrorism and the corresponding emphasis on the strategic importance of Central Asia, which until September 11 had been known largely as a resource-rich, repressive backwater. As Co-Chairman of the Commission on Security and Cooperation in Europe, I have chaired a series of hearings in recent years focused on human rights and democratization in the Central Asian region. Clearly, we need the cooperation of many countries, including Afghanistan's Central Asian neighbors, in this undertaking. But we should not forget, as we conduct our multidimensional campaigns, two vitally important points: first, Central Asian leaders need the support of the West at least as much as we need them. Unfortunately, Central Asian presidents seem to have concluded that they are indispensable and that we owe them for allowing us to use their territory and bases in this fight against the terrorists and those who harbor them. I hope Washington does not share this misapprehension. By striking against the radical Islamic threat to their respective security and that of the entire region, we have performed a huge service for Central Asian leaders. Second, one of the main lessons of September 11 and its aftermath is that repression of political opposition and alternative viewpoints is a key cause of terrorism. Secretary of State Colin Powell and National Security Adviser Condoleezza Rice have declared that the war on terrorism will not keep the United States from supporting human rights. I am hopeful the administration means what they have said. But given the sudden warming of relations between Washington and Central Asian leaders, I share the concerns voiced in many editorials and op-eds that the United States will downplay human rights in favor of cultivating ties with those in power. More broadly, I fear we will fall into an old pattern of backing repressive regimes and then being linked with them in the minds and hearts of their long-suffering peoples. In that connection, Mr. Speaker, on the eve of President Nazarbaev's meeting with President Bush and in anticipation of the expected visit by President Karimov, as well as possible visits by other Central Asian leaders, I want to highlight some of the most glaring human rights problems in these countries. To begin with, corruption is rampant throughout the region, and we should keep this in mind as the administration requests more money for assistance to Central Asian regimes. Kazakhstan's President Nazarbaev and some of his closest associates are under investigation by the U.S. Department of Justice for massive corruption. Not surprisingly, to keep any information about high-level misdeeds from the public, most of which lives in dire poverty, the Nazarbaev regime has cracked down hard on the media. Family or business associates of President Nazarbaev control most media outlets in the country, including printing houses which often refuse to print opposition or independent newspapers. Newspapers or broadcasters that try to cover taboo subjects are harassed by the government and editorial offices have had their premises raided. The government also controls the two main Internet service providers and regularly blocks the web site of the Information Analytical Center Eurasia, which is sponsored by Kazakhstan's main opposition party. In addition, libel remains a criminal offense in Kazakhstan. Despite a growing international consensus that people should not be jailed for what they say or write, President Nazarbaev on May 3 ratified an amendment to the Media Law that increases the legal liability of editors and publishers. Furthermore, a new draft religion law was presented to the Kazakh parliament at the end of November without public consultation. If passed, it would seriously curtail the ability of individuals and groups to practice their religious faith freely. Uzbekistan is a wholesale violator of human rights. President Karimov allows no opposition parties, permits no independent media, and has refused even to register independent human rights monitoring groups. Elections in Uzbekistan have been a farce and the Organization for Security and Cooperation in Europe (OSCE) rightly refused to observe the last presidential “contest,” in which Karimov's “rival” proclaimed that he was planning to vote for the incumbent. In one respect, however, Karimov is not lacking, brazen gall. Last week, on the eve of Secretary Powell's arrival in Tashkent, Uzbek authorities announced plans to hold a referendum next month on extending Karimov's tenure in office from five years to seven. Some members of the tightly controlled parliament urged that he be made “president for life.” The timing of the announcement could have had only one purpose: to embarrass our Secretary of State and to show the United States that Islam Karimov will not be cowed by OSCE commitments on democracy and the need to hold free and fair elections. I am also greatly alarmed by the Uzbek Government's imprisonment of thousands of Muslims, allegedly for participating in extremist Islamic groups, but who are probably “guilty” of the “crime” of attending non-government approved mosques. The number of people jailed on such dubious grounds is estimated to be between 5,000 and 10,000, according to Uzbek and international human rights organizations. While I do not dismiss Uzbek government claims about the seriousness of the religion-based insurgency, I cannot condone imprisonment of people based on mere suspicion of religious piety. As U.S. Government officials have been arguing for years, this policy of the Uzbek Government also seems counterproductive to its stated goal of eliminating terrorists. Casting the net too broadly and jailing innocent people will only inflame individuals never affiliated with any terrorist cell. In addition, Uzbekistan has not only violated individual rights, but has also implemented policies that affect religious groups. For example, the Uzbek Government has consistently used its religion law to frustrate the ability of religious groups to register, placing them in a “Catch-22". By inhibiting registration, the Uzbek Government can harass and imprison individuals for attending unregistered religious meetings, as well as deny property purchases and formal education opportunities. As you can see, Mr. Speaker, Uzbekistan's record on human rights, democratization and religious freedom is unacceptable. I am not aware that Kyrgyzstan's President Askar Akaev has been invited to Washington, but I would not be too surprised to learn of an impending visit. Once the most democratic state in Central Asia, Kyrgyzstan has gone the way of its neighbors, with rigged elections, media crackdowns and repression of opposition parties. At a Helsinki Commission hearing I chaired last week on democratization and human rights in Kyrgyzstan, we heard from the wife of Felix Kulov, Kyrgyzstan's leading opposition figure, who has been behind bars since January 2001. Amnesty International and many other human rights groups consider him a political prisoner, jailed because he dared to try to run against President Akaev. Almost all opposition and independent newspapers which have sought to expose high-level corruption have been sued into bankruptcy. With respect to the proposed religion law the Kyrgyz Parliament is drafting, which would repeal the current law, significant concerns exist. If the draft law were enacted in its current emanation, it would categorize and prohibit groups based on beliefs alone, as well as allow arbitrary decisions in registering religious groups due to the vague provisions of the draft law. I encourage President Akaev to support a law with strong protections for religious freedom. Implementing the modification suggested by the OSCE Advisory Panel of Experts on Religious Freedom would ensure that the draft religion law meets Kyrgyzstan's OSCE commitments. Mr. Speaker, this morning I had a meeting with Ambassador Meret Orazov of Turkmenistan and personally raised a number of specific human rights cases. Turkmenistan, the most repressive state in the OSCE space, resembles North Korea: while the people go hungry, megalomaniac President Saparmurat Niyazov builds himself palaces and monuments, and is the object of a Stalin-style cult of personality. No opposition of any kind is allowed, and anyone who dares to express a view counter to Niyazov is arrested. Turkmenistan is the only country in the OSCE region where places of worship have been destroyed on government orders; in November 1999 the authorities bulldozed a Seventh-Day Adventist Church. Since then, Niyazov has implemented his plans to provide a virtual bible for his benighted countrymen; apparently, he intends to become their spiritual as well as secular guide and president for life. Turkmenistan has the worst record on religious freedom in the entire 55-nation OSCE. The systematic abuses that occur almost weekly are an abomination to the internationally recognized values which undergird the OSCE. Recent actions by Turkmen security agents against religious groups, including harassment, torture and detention, represent a catastrophic failure by Turkmenistan to uphold its human rights commitments as a participating OSCE State. In addition, last January, Mukhamed Aimuradov, who has been in prison since 1995, and Baptist pastor Shageldy Atakov, imprisoned since 1999, were not included in an amnesty which freed many prisoners. I hope that the Government of Turkmenistan will immediately and unconditionally release them, as well as all other prisoners of conscience. Rounding out the Central Asian countries, Tajikistan also presents human rights concerns. A report has recently emerged concerning the government's religious affairs agency in the southern Khatlon region, which borders Afghanistan. According to reliable sources, a memorandum from the religious affairs agency expressed concern about “increased activity” by Christian churches in the region, calling for them to be placed under “the most stringent control.” Tajik Christians fear that this statement of intolerance could be a precursor to persecution. Keston News Service reported that law enforcement officials have already begun visiting registered churches and are trying to find formal grounds to close them down. Additionally, city authorities in the capital Dushanbe have cracked down on unregistered mosques. Mr. Speaker, as the world focuses on Central Asia states with unprecedented energy, I wanted to bring these serious deficiencies in their commitment to human rights and democracy to the attention of my colleagues. All these countries joined the Organization for Security and Cooperation in Europe soon after their independence from the Soviet Union a decade ago. By becoming OSCE participating States, they agreed without reservation to comply with the Helsinki Final Act and all subsequent agreements. These documents cover a wide range of human dimension issues, including clear language on the human right of religious freedom and the right of the individual to profess and practice religion or belief. Unfortunately, as I have highlighted, these countries are failing in their commitment to promote and support human rights, and overall trends in the region are very disturbing. The goals of fighting terrorism and steadfastly supporting human rights are not dichotomous. It is my hope that the U.S. Government will make issues of human rights and religious freedom paramount in bilateral discussions and public statements concerning the ongoing efforts against terrorism. In this context, the considerable body of OSCE commitments on democracy, human rights and the rule of law should serve as our common standard for our relations with these countries.
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statement
Do Registration Requirements Thwart Religious Freedom?
Tuesday, December 18, 2001Mr. Speaker, the “Helsinki” Commission on Security and Cooperation in Europe recently convened a briefing which examined the policies of various governments which require registration of religious groups and the effect of such policies on the freedom of religious belief and practice. There was evidence that such requirements can be, and often are, a threat to religious freedom among countries in the Organization for Security and Cooperation in Europe (OSCE). As Co-Chairman of the Helsinki Commission, mandated to monitor and encourage compliance with the Helsinki Final Act and other OSCE commitments, I have become alarmed over the past decade by the creation of new laws and regulations in some OSCE countries that serve as a roadblock to the free exercise of religious belief. These actions have not been limited to emerging democracies, but include Western European countries such as Austria. Many of these laws are crafted with the intent to repress religious communities deemed nefarious and dangerous to public safety. One cannot deny that certain groups have hidden behind the veil of religion in perpetrating monstrous and perfidious acts. The September 11th tragedies have been a grim reminder of that. Yet, while history does hold examples of religion employed as a tool for evil, these are exceptions and not the rule. In our own country, during the Civil Rights Movement, religious communities were the driving force in the effort to overturn the immoral “separate but equal” laws and provide legal protections. If strict religious registration laws had existed in this country, government officials could have clamped down on this just movement, possibly delaying long overdue reform. While OSCE commitments do not forbid basic registration of religious groups, governments often use the pretext of “state security” to quell groups espousing views contrary to the ruling powers’ party line. Registration laws are often designed on the premise that minority faiths are inimical to governmental goals. Proponents of more strenuous provisions cite crimes committed by individuals in justifying stringent registration requirements against religious groups, ignoring the fact that criminal laws should be adequate to combat criminal activity. In other situations, some governments have crafted special church-state agreements, or concordats, which exclusively give one religious group powers and rights not available to other communities. By creating tiers or hierarchies, governments run the risk of dispersing privileges and authority in an inequitable fashion, ensuring that other religious groups will never exist on a level playing field, if at all. In a worst case scenario, by officially recognizing “traditional” or “historic” communities, governments can reflect an ambivalence towards minority religious groups. Such ambivalence can, in turn, create an atmosphere in which hostility or violence is perpetrated with impunity. The persistent brutality against Jehovah’s Witnesses and evangelical groups in Georgia is an example of State authorities’ failure to bring to justice the perpetrators of such violence. Mr. Speaker, religious registration laws do not operate in a vacuum; other rights, such as freedom of association or freedom of speech, are often enveloped by these provisions. Clamping down on a group’s ability to exist not only contravenes numerous, long-standing OSCE commitments, but can effectively remove from society forces that operate for the general welfare. The recent liquidation of the Salvation Army in Moscow is a lucent example. Who will suffer most? The poor and hungry, who now benefit from the Salvation Army’s ministries of mercy. Each OSCE participating State has committed to full compliance with the provisions enumerated in the various Helsinki documents. The Bush Administration’s commitment to religious freedom has been clearly articulated. In a March 9, 2001 letter, Dr. Condoleezza Rice, National Security Advisor, wrote: “President Bush is deeply committed to promoting the right of individuals around the world to practice freely their religious beliefs.” She also expressed her concern about religious discrimination. In a separate letter on March 30th of this year, Vice President Dick Cheney echoed this commitment when he referred to the promotion of religious freedom as “a defining element of the American character.” He went on to declare the Bush Administration’s commitment “to advancing the protection of individual religious freedom as an integral part of our foreign policy agenda.” Since the war on terrorism was declared, the President has made clear the distinction between acts of terrorism and religious practice. In his address to the country, Mr. Bush stated: “The enemy of America is not our many Muslim friends....... Our enemy is a radical network of terrorists and every government that supports them.” He further stated, “The terrorists are traitors to their own faith, trying, in effect, to hijack Islam itself.” Accordingly, I believe this administration will not stray from supporting religious freedom during this challenging time. Out of concern about recent developments and trends in the OSCE region, the Helsinki Commission conducted this briefing to discuss registration roadblocks affecting religious freedom. I was pleased by the panel of experts and practitioners assembled who were kind enough to travel from Europe to share their thoughts and insights, including Dr. Sophie van Bijsterveld, a professor of law in The Netherlands and current Co-Chair of the OSCE Advisory Panel of Experts on Freedom of Religion or Belief, Dr. Gerhard Robbers, a member of the OSCE Advisory Panel of Experts and professor of law in Germany; Mr. Vassilios Tsirbas, interim executive director and senior legal counsel for the European Centre for Law and Justice in Strasbourg; and Col. Kenneth Baillie, commanding officer for the Salvation Army in Eastern Europe. Dr. van Bijsterveld made the point that “the assessment of registration from the point of view of religious liberty depends entirely on the function that registration fulfills in the legal system, and the consequences that are attached to registration.” She continued: “A requirement of registration of religious groups as a pre-condition for the lawful exercise of religious freedom is worrisome in the light of international human rights standards. [Needing the government’s] permission for a person to exercise his religion in community with others is, indeed, problematic in the light of internationally acknowledged religious liberty standards. Religious liberty should not be made dependent on a prior government clearance. This touches the very essence of religious liberty.” Dr. Robbers noted that registration of religious communities is often a requirement but “it need not be a roadblock to religious freedom. In fact, it can free the way to more positive religious freedom if correctly performed.” If utilized, “registration and registration procedures must meet certain standards. Registration must be based on equal treatment of all religious communities....... [and] the process of registration must follow due process of law.” He further noted that “religious activity in and as community, must be possible even without being registered as religious community.” He made clear that the minimum number of members required for registration need not be too many and there should be no minimum period of existence before registration is allowed. The third panelist, Mr. Tsirbas, opined, “Within this proliferation of the field of human rights, the Helsinki Final Act is a more than promising note. The commitment to respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief for all, without distinction as to race, sex, language or religion, basically summarizes the ..... protection of international and domestic legal documents. Religious liberty stands out as one of those sine qua non conditions for an atmosphere of respect for the rights of individuals or whole communities.” Mr. Tsirbas also stated, “If the protection of the individual is considered the cornerstone of our modern legal system, religious freedom should be considered the cornerstone of all other rights. The right itself is one of the most recent to be recognized and protected, yet it embraces and reflects the inevitable outworking through the course of time of the fundamental truths of belief in the worth of a person.” Lastly, Col. Kenneth Baillie, spokesman for the Salvation Army in Eastern Europe, outlined the experience of registering his organization in Moscow. “In Russia, as of February this year, we are registered nationwide as a centralized religious organization, [however] the city of Moscow is another story. We have been registered as a religious group in Moscow since 1992. In response to the 1997 law, like everyone else, we applied for re-registration , thinking that it would be merely pro forma. Our application documents were submitted, and a staff person in the city Ministry of Justice said everything was in order, we would have our signed and stamped registration in two days. “Two days later,” Col. Baillie continued, “the same staffer called to say, in a sheepish voice, ‘There’s a problem.’ Well, it is now three years later, and there is still a problem. Someone took an ideological decision to deny us, that is absolutely clear to me, and three years of meetings and documents and media statements and legal briefs are all window-dressing. Behind it all is an arbitrary, discriminatory, and secret decision, and to this day I do not know who made the decision, or why.” Based on the difficult experience of trying to register in Moscow and the Salvation Army’s subsequent “liquidation” by a Moscow court, Col. Baillie offered some observations. He noted how “the law’s ambiguity gives public officials the power to invent arbitrary constructions of the law.” Col. Baillie concluded by stating, “We will not give up,” but added he is “understandably skeptical about religious registration law, and particularly the will to uphold what the law says in regard to religious freedom.” Mr. Speaker, this Helsinki Commission briefing offered a clear picture of how the law and practice affecting, registration of religious groups have become critical aspects in the defense of the right to freedom of conscience, religion or belief. No doubt registration requirements can serve as a roadblock which is detrimental to religious freedom. The Commission will continue to monitor this trend among the region’s governments which are instituting more stringent registration requirements and will encourage full compliance with the Helsinki commitments to ensure the protection of this fundamental right.
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article
U.S. Special Coordinator for Cyprus Briefs Commission as Talks Renew in Nicosia
Friday, December 14, 2001By Chadwick R. Gore, CSCE Staff Advisor U.S. Special Coordinator for Cyprus Ambassador Thomas G. Weston participated in a Commission public briefing in Washington on December 4 just hours after Greek Cypriot President Glafcos Clerides and Turkish Cypriot Leader Rauf Denktash resumed contacts in Nicosia, Cyprus. The briefing was moderated in the Cannon House Office Building by Commission Chief of Staff Ron McNamara who opened the discussion by noting that the Cyprus conflict predates the 1975 signing of the Helsinki Final Act, and that Cyprus was an original signatory. McNamara underscored the human dimension of the longstanding conflict. Weston reviewed the outcome of the talks that had transpired that morning between Clerides and Denktash at the residence of the U.N. Chief of Mission in the presence of Mr. Alvaro de Soto, the Special Advisor to the U.N. Secretary General on Cyprus. They agreed that the Secretary General, in the exercise of his mission of good offices, would invite the two leaders to direct talks to be held in Cyprus starting in mid-January 2002 on United Nations premises with no preconditions and with all issues on the table. They are to negotiate in good faith until a comprehensive settlement is achieved, and nothing will be agreed until everything is agreed. Ambassador Weston viewed this as a major step forward in the stagnant Cypriot peace process noting that Clerides would dine at the home of Denktash that evening, an unprecedented event. "Efforts to settle the Cyprus problem have been going on for a long, long time," Weston remarked, describing the process’ evolution since 1999 and its subsequent breakdown, concluding, “I think what you're seeing here is a culmination of a long effort rather than something which just came out of the blue.” “I should make very clear,” said the Ambassador, “that the suggestion for direct talks did come from the Turkish Cypriot leader [and] that needs to be acknowledged. …It's important to remember who actually suggested it and give credit where credit is due.” Weston made clear, “The efforts of all others who have been pushing in this direction, including Greece and Turkey, but all others, are also to be strongly commended. …The efforts of the U.N. Secretary General, his direct involvement in this process repeatedly over the last two-and-a-half years, and the excellent work done by his Special Advisor in getting us to this point—all are to be commended.” While the resumption of talks was of interest, what could be expected to be the outcome was the real focus of the briefing. “What can we expect to come from the process is obviously the key,” said Weston. “I think the fact that these two leaders have agreed to go to direct talks under these circumstances, with no preconditions, all issues on the table, and with a commitment to continue to negotiate in good faith until a comprehensive settlement is achieved, are very dramatic indications of a willingness on the part of both leaders to actually try and get a comprehensive settlement in the short period of time we have available before Cyprus secedes to the European Union. “I do not believe that this should be underestimated in any way in terms of what it indicates about the willingness of these two leaders to move forward.” Ambassador Weston was not prepared to predict whether these resumed contacts would lead to a comprehensive settlement in time to permit a unified Cyprus in the European Union at an early date. On the other hand, he was much more hopeful that that could be achieved. “It is incumbent on all of us interested in a just and durable settlement of the Cyprus problem to redouble our efforts in support of this effort to get a comprehensive settlement in a brief period of time,” Weston concluded. A career Foreign Service Officer since 1969, Weston has served as the special coordinator for Cyprus since August of 1999. Ambassador Weston has served as Deputy Assistant Secretary of State for European and Canadian Affairs responsible for multilateral diplomacy with Europe including the U.S. participation in NATO, the OSCE, and the OECD as well as U.S. relations with European Union and the Council of Europe. He has also served as Chargé and Deputy Chief of Mission at the U.S. Mission to the European Communities. A Helsinki Commission delegation visited Cyprus in January of 1998 to assess developments in the security, economic and human dimensions. Members of the delegation held a series of meetings with officials, international peacekeepers, and private citizens.
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article
Helsinki Commission Hearing Examines Situation in Moldova
Wednesday, December 05, 2001By John Finerty CSCE Staff Advisor The United States Helsinki Commission held a hearing on September 25, 2001 to examine the situation in Moldova, with a specific focus on developments in the Transdniestria region and the withdrawal of Russian military forces as well as armaments and ammunition from Moldova. After years of delay and uncertainty, the Russian Government has made considerable progress in removing its armed forces and military equipment from Moldova in accordance with the 1999 Istanbul Declaration of the Organization for Security and Cooperation in Europe (OSCE) and the 1990 Conventional Forces in Europe Treaty (CFE). By mid-November 2001, the Treaty Limited Equipment (heavy weaponry) under the CFE were removed or destroyed. Russian armed forces are to be withdrawn by the end of 2002. Implementation of the agreements has been assisted by a voluntary fund established under the auspices of the OSCE. Russia’s continued military presence in the sovereign nation of Moldova has been an unresolved and contentious issue since the breakup of the Soviet Union, when units of the Soviet 14th Army (now known as the Operative Group of Russian Forces) remained stationed in the Transdniestria region of Moldova. Some elements of the 14th Army assisted the pro-Moscow leadership of Transdniestria to secede from Moldova in 1991-2 and establish an unrecognized political entity known as the Dniestr Moldovan Republic (DMR). The current leadership of the DMR has strenuously protested the recent destruction of tanks and armored combat vehicles, seeking to secure some of the hardware for itself. Testifying at the hearing were Ambassador Steven Pifer, Deputy Assistant Secretary of State of the Bureau of European and Eurasian Affairs; Ambassador Ceslav Ciobanu, Ambassador of the Republic of Moldova to the United States; Dr. Kimmo Kiljunen, Member of the Parliament of Finland and Chairman of the OSCE Parliamentary Assembly's Working Group on Moldova; Ambassador William Hill, Head of the OSCE Mission to Moldova; and Dr. Charles King, Assistant Professor, School of Foreign Service and Department of Government at Georgetown University. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing with Commissioners Rep. Joseph R. Pitts (R-PA), Rep. Zach Wamp (R-TN), Rep. Robert B. Aderholt (R-AL) and Rep. Alcee L. Hastings (D-FL) participating. In response to a question by Co-Chairman Smith regarding the logistical and political problems facing troop withdrawal and weapons destruction, Ambassador Pifer replied that the main challenge is political, not logistical. Ambassador Hill added that the Russian Government appears prepared to leave; however, there is much resistance on the part of the Transdniestrian regime, since Tiraspol has relied on Russian troops as a “de facto shield” against attack, whether it would come from Moldova or elsewhere. Ambassador Pifer said the Russian Government is “on a schedule that will bring them down to zero tanks, armored combat vehicles and artillery by the end of the year,” which proved to be the case. He added that the difficult logistical challenges arise in the disposition of ammunition and small arms. According to Ambassador Pifer, the United States and Russia “want to make sure that these are eliminated and do not fall into the wrong hands.” Ambassador Pifer reported that the United States has already contributed $300,000 to the voluntary fund for destruction of equipment, as well as $69 million in financial assistance to Moldova from the Agency for International Development and other agencies. Responding to a question from Commissioner Hastings regarding U.S. assistance, “in the furtherance of Moldova’s involvement in the Stability Pact and in their overall re-development,” Ambassador Pifer pointed to U.S. assistance in helping Moldova integrate into European institutions. He continued that it is important that a “total commitment come from the United States and the European Union together.” Commissioner Pitts raised the possibility that perhaps Moscow is using the withdrawal tactic to gain concessions from the Moldovan Government in terms of the status of Transdniestra. Ambassador Hill described Russia as “deeply divided on this issue.” Most Russians realize that it is important to leave, but others see Transdniestra as part of Russia and thus desire the continued separation from Moldova. Commissioner Aderholt raised the question of the Moldovan Government’s efforts in resolving the Transdniestrian issue. Ambassador Ciobanu testified that the new Moldovan leadership, under President Vladimir Voronin has “resumed the dialogue with the separatist leaders” and “proposed a whole package of measures with a view of granting Transdniestria the status of a broad, regional self-government but preserving the sovereignty and territorial integrity of the Republic of Moldova.” Ambassador Ciobanu expressed dismay that Transdniestrian officials have not responded positively, but rather Transdniestria’s separatist position “became even tougher.” As a result, Ciobanu added, “We have reached the critical limits of possible concessions from our part.” Future concessions must come from Transdniestra and the international community should, according to the Moldovan Ambassador, commit to exerting pressure on the Transdniestrian regime. Dr. Kiljunen described the efforts made by the Working Group on Moldova to facilitate a dialogue between Chisinau and Tiraspol. The current Communist-led government enjoys a stable majority in the parliament and, according to Dr. Kiljunen, has “contributed [to] the solution of this Transdniestrian issue.” Dr. Kiljunen added that Russia should continue to be involved in Transdniestra as part of its “international commitments” to create stability in the region. With a more pessimistic view of the Transdniestrian conundrum, Dr. King suggested the current approach of the OSCE and the international community may have run its course. For the past ten years, he noted, “the people of Transdniestria have gone about, with the support of the Russian Federation, building something like a functioning state.” In fact, the last ten years have “strengthened Transdniestrian statehood,” instead of working towards reunification with Moldova. Today it is increasingly difficult to reintegrate these two societies because “they are fundamentally separate now.” The so-called Dniestr Moldovan Republic has solidified its position, and it may be too late for the type of resolution typically envisioned by the international community. Commissioner Wamp asked if the Moldovan Government provided for basic freedoms, including movement, religion, and elections. Dr. King responded that Moldova has made remarkable progress in “implementing freedoms across the board.” Freedom of movement, in particular, is relatively easy for average Moldovans; however, the Transdniestrian authorities have frequently obstructed freedom of movement across the border for Moldovan officials. Ambassador Hill suggested one problem in Moldova is not freedom of religion, but rather politicalization of the Orthodox Church. The European Court in Strasbourg is currently examining a suit against the Moldovan Government for not registering the Bessarabian Orthodox Church which sees itself as the legal successor to the pre-war Romanian Orthodox Church in Moldova. With respect to elections in Moldova, Dr. Kiljunen stated they have been free and fair. However, not all adults in the Transdniestra region were able to vote. “It was only a token, a small token...who really voted.” In addition, there have been parliamentary elections in Transdniestra itself. Because these elections were not observed, it is not known how fair and democratic they have been. Co-Chairman Smith noted Moldova’s status as a major source of trafficked women to Europe and inquired about the Moldovan Government’s response. Ambassador Pifer noted that the Moldovan Government has become more aware of the problem, and has begun to change some of its domestic legislation to include harsher penalties for trafficking. To help the women, Moldova has established a women’s crisis hotline center. Pifer said Moldova is attempting to recognize trafficked women as victims, not as prostitutes. Ambassador Ciobanu elaborated that Moldova has established a special governmental commission to deal with this issue. More importantly, Ciobanu added that Moldova is initiating economic and social programs in order to provide “some engagement, some jobs, [and] some prospectives for these young women in Moldova.” Helsinki Commission intern Lauren Friend contributed to this article.
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briefing
The Situation in Cyprus
Tuesday, December 04, 2001This briefing explored the renewal of talks on Cyprus between Cypriot President Glafcos Clerides and Turkish Cypriot leader Rauf Denktash. President Clerides and Turkish Cypriot leader Denktash had agreed to meet in Nicosia on Tuesday, December 4, 2001 with talks reportedly aimed toward resolution of the longstanding conflict on the island. United States Special Coordinator for Cyprus Ambassador Thomas G. Weston discussed the developing talks between the two leaders; the current status of the United Nations sponsored talks; implications of European Union expansion; and the leadership on both sides of the Cyprus issue and where the respective leaders stand on the issues.
Mr. Speaker, as Chairman of the Commission on Security and Cooperation in Europe, I find myself dealing with the issue of torture many times over during the course of any given year--torture committed by Russian forces in Chechnya, systematic police abuse of Roma in Greece, prisoners tortured to death in Uzbekistan, to give just a few recent examples.
Unfortunately, torture remains the weapon of choice by many oppressive regimes, systematically used to silence political opposition, punish religious minorities, or target those who are ethnically or racially different from those in power.
But on the occasion of the United Nations' Day in Support of the Victims of Torture, I'd like to reflect on the steps that can be taken to help prevent torture from occurring in the first place.
Torture is prohibited by a multitude of international instruments, including documents of the Organization on Security and Cooperation in Europe (OSCE). Moreover, it is absolute and nonderogable under any circumstances, even wartime. The challenge, then, is to translate this commitment into practice.
Amnesty International has issued a number of recommendations to help end torture. They are remarkably straightforward and easy to grasp: officials at the highest level should condemn torture; governments should ensure access to prisoners; secret detentions should be prohibited; and confessions obtained through torture should be excluded from evidence in the courtroom. I believe the implementation of these fundamental principles would have a significant impact in reducing torture. At the OSCE Parliamentary Assembly's Annual Session two years ago, I introduced a resolution, passed by the Assembly, that built on these basic concepts.
While we work to eradicate torture, we must not forget those who have already become its victims. Along with Representative TOM LANTOS, I have introduced H.R. 1813, legislation to re-authorize the Torture Victims Relief Act and the list of cosponsors is growing. The Senate companion bill, S. 854 was introduced by Senator COLEMAN. This reauthorization will continue funding for centers here in the United States that help provide treatment for the estimated half million survivors, most of whom came to this country as refugees. It will also provide funds, distributed through the Agency for International Development or the U.N. Voluntary Fund for the Victims of Torture, for treatment centers abroad. While life for torture survivors can never be the same, treatment can provide victims the hope of becoming stable and productive members of their communities. I urge my colleagues in the House to join in supporting this measure as a tangible support of the victims of torture.