Introduction of Belarus Democracy Act

Introduction of Belarus Democracy Act

Hon.
Christopher H. Smith
United States
House of Representatives
107th Congress Congress
Second Session Session
Thursday, June 27, 2002

Mr. Speaker, I am introducing today the Belarus Democracy Act of 2002, which is intended to help promote democratic development, human rights and the rule of law in the Republic of Belarus, as well as encourage the consolidation and strengthening of Belarus’ sovereignty and independence. When measured against other European countries, the state of human rights in Belarus is abysmal – it has the worst record of any European state.

Through an illegitimate 1996 referendum, Alexander Lukashenka usurped power, while suppressing the duly-elected legislature and the judiciary. His regime has blatantly and repeatedly violated basic freedoms of speech, expression, assembly, association and religion. The fledgling democratic opposition, non-governmental organizations and independent media have all faced harassment. There are credible allegations of Lukashenka regime involvement in the disappearances – in 1999 and 2000 – of opposition members and a journalist. There is growing evidence that Belarus is a leading supplier of lethal military equipment to rogue states. A draft bill is making its way in the Belarusian legislature that would restrict non-traditional religious groups. Several days ago, on June 24, two leading journalists were sentenced to two and 2 ½ years, respectively, of “restricted freedom” for allegedly slandering the Belarusian President.

Despite efforts by Members of Congress, the Helsinki Commission which I co-chair, the State Department, various American NGOs, the Organization for Security and Cooperation in Europe (OSCE) and other European organizations, the regime of Alexander Lukashenka continues its hold onto power with impunity and to the detriment of the Belarusian people.

One of the primary purposes of this bill is to demonstrate U.S. support for those struggling to promote democracy and respect for human rights in Belarus despite the formidable pressures they face from the anti-democratic regime. The bill authorizes increases in assistance for democracy-building activities such as support for non-governmental organizations, independent media – including radio and television broadcasting to Belarus, and international exchanges. The bill also encourages free and fair parliamentary elections, conducted in a manner consistent with international standards – in sharp contrast to recent parliamentary and presidential elections in Belarus which most assuredly did not meet democratic standards. As a result of these elections, Belarus has the distinction of lacking legitimate presidential and parliamentary leadership, which contributes to that country’s self-imposed isolation.

In addition, this bill would impose sanctions against the Lukashenka regime, and deny high-ranking officials of the regime entry into the United States. Strategic exports to the Belarusian Government would be prohibited, as well as U.S. Government financing, except for humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs.

The bill would require reports from the President concerning the sale or delivery of weapons or weapons-related technologies from Belarus to rogue states.

Mr. Speaker, finally, it is my hope that this bill will help put an end to the pattern of clear, gross and uncorrected violations of OSCE commitments by the Lukashenka regime and will serve as a catalyst to facilitate Belarus’ integration into democratic Europe in which democratic principles and human rights are respected and the rule of law prevails.

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  • Transcripts: Restrictions on Artistic Freedoms in the Soviet Union, October 29, 1985; and the Budapest Cultural Forum, December 11, 1985

    * Public Hearing on Restrictions on Artistic Freedom in the Soviet Union The Commission met, pursuant to notice, in room 210, Cannon House Office Building, at 10 a.m., Senator Alfonse M. D'Amato, chairman, and Representative Steny H. Hoyer, cochairman, presiding. In attendance: Commissioners and Senators John Heinz, Gordon J. Humphrey, and Dennis DeConcini; Commissioners and Representatives Dante B. Fascell, Don Ritter, and Christopher H. Smith. Also in attendance: Michael R. Hathaway, staff director, and Mary Sue Hafner, general counsel of the Commission. This hearing concerned restrictions on creative freedom in the Soviet Union.   Public Hearing on the Budapest Cultural Forum The Commission met, pursuant to notice, in room 538, of the Dirksen Senate Office Building, at 11 a.m., Senator Alfonse M. D'Amato, chairman, and Representative Steny H. Hoyer, cochairman, presiding. In attendance: Senator Malcolm Wallop, Commissioner. Also in attendance: Michael R. Hathaway, staff director, and Mary Sue Hafner, general counsel of the Commission. In this hearing, the Helsinki Commission heard testimony on the most recent international meeting in the Helsinki process, the Budapest Cultural Forum.

  • Baltic Tribunal Against the Soviet Union

    On July 25 and 26, 1985, the Baltic World Conference, representing the three central Baltic organizations in the free world - the Estonian World Council, the World Federation of Free Latvians and the Supreme Committee for Liberation of Lithuania - held a Tribunal against the government of the Union of Soviet Socialist Republics. The purpose of the Tribunal was threefold: to bring to the attention of the world the illegal Soviet occupation of the once free and independent Republics of Estonia, Latvia and Lithuania; to document the atrocities and genocide committed against the Baltic people; and to condemn the Soviet Union for these acts against humanity. As evidenced by the materials presented in this publication, the objectives were accomplished beyond any reasonable doubt. A panel of internationally known authorities in the field of human rights served as judges: Per Ahlmark, the Rev. Michael Bourdeaux, Jean-Marie Daillet, Sir James Fawcett and Dr. Theodor Veiter, who as Chairman presided over the proceedings. After listening to the testimony of sixteen witnesses, the jurists assembled and weighed the evidence and at the conclusion of the Baltic Tribunal issued their verdict: The Copenhagen Manifesto. This publication is the result of numerous requests made by public officials, libraries, journalists, private citizens and others, for the information and testimonies given at the Tribunal. We have included in this publication the indictment, background information, the testimonies of the witnesses, and the Copenhagen Manifesto as well as brief biographies of the jurists and witnesses. It is our hope that this publication will serve not only as an historical document, but also as a source of information to all who are interested in the realization of human rights and freedom for all people.

  • THE OTTAWA HUMAN RIGHTS EXPERTS MEETING AND THE FUTURE OF THE HELSINKI PROCESS

    The commissioners gave testimony on the importance of the 35-nation conference which addressed "respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief," The discussion centered on inconsistencies between the rhetoric of the United States on the subject of human rights and its actions.  The focus of human rights covered the Soviet Union, Eastern Europe, and also Afghanistan. In response to human rights violations- recognizing the framework provided by the Helsinki accords- the witnesses discussed constructive measures to concentrate on human rights violations that could be corrected with relative ease and without effecting systemic change within the Soviet Union or the other states in the Soviet sphere.

  • Documents of the Soviet Groups to Establish Trust Between the US and the USSR

    Appeal To The Governments and People of The USSR and The USA: The USSR and the USA have the means to kill in such proportions that would end the history of mankind. A balance of terror cannot be a reliable guarantee of safety in the world. Only trust between peoples can create a firm assurance of the future. Today, when elementary trust between the two nations has been completely lost, the problem of trust has ceased to be simply a question of bilateral relations. This is the question: Will mankind be wiped out by its own destructive capabilities or will it survive? This problem demands immediate action today. It is, however, very obvious that political leaders of both sides are incapable of coming to any sort of agreement about significant arms limitations in the near future . ... to say nothing of genuine disarmament. Due to their political interests and circumstances, politicians find it difficult to be objective on disarmament issues  Recognizing this, we do not wish to accuse one side or the other of not wishing to promote the peace process, nor certainly of any aggressive designs for the future. We are convinced of their genuine desire for peace and curtailment of the nuclear threat. However, the search for the path to disarmament has become difficult. We all share an equal responsibility for the future. The active peace movement among citizens of many countries proves that this is understood by millions of people. But our common desire for peace must not be blind It must be perceived and expressed in concrete terms. It must be presented in the context of actual conditions. The world is concerned about its future. Everyone understands that there must be dialogue if the threat is to be removed. The prevailing principles of conducting bilateral dialogue must be changed immediately. We are convinced that the time has come for the public not only to confront decision makers with the issue of disarmament, but to participate in the decision making process with the politicians. We are in favor of quatrapartite dialogue - for dialogue in which average Soviet and American citizens are included on an equal footing with political figures. We favor consistent and, ultimately complete destruction of stockpiles of. nuclear weapons and other forms of mass destruction, and for limitations of conventional weapons. We view the present program for the search for peace as the following: 1. As a first step to abolish the nuclear threat, we appeal to everyone who does not desire the death of his neighbor to submit his own specific proposals on bilateral limitations and cutbacks of weaponry, and, most of all, for the establishment of trust. We call for each such proposal to be forwarded simultaneously to the governments of both countries and to representatives of independent public peace groups. We hope espeially that our call will be heeded by the peoples of the Soviet Union and the United States, whose governments bear the main responsibility for maintaining the safety of the world. 2. We call upon the citizens of both countries to create combined international public groups, based on the principles of independence. Their functions would include: the receipt and analysis of individual proposals on disarmament and promoting trust between nations: the selection of the most interesting and realistic proposals: bringing these proposals to the attention of the respective populations about the possible consequences of the use of nuclear arms, and about all issues concerning disarmament. 3. We appeal to the scientific community, particularly to independent international scientific organizations involved in the campaign for peace, to work on scientific problems directly connected with the preservation of peace. For instance, at the present stage, it is extremely important to develop a unified mathematical method for evaluating the weaponry of the opposing sides. We call upon scientists to create independent research groups to scientifically analyze citizen proposals. 4. We call upon political leaders and the media of both countries to refrain from mutual accustions about intentions to use nuclear weapons for aggressive purposes. We are convinced that such accusations only inflame distrust between the sides and thus make any constructive dialogue impossible. 5. We view as necessary guarantees of the establishment of trust that the USSR and the USA must create conditions for the open exchange of opinions and to inform the publics of both nations on all issues on the process of disarmament. We appeal to the governments of the USSR and the USA to create a special international bulletin (with a governmental guarnatees of distribution in both countries), in which both sides would conduct a dialogue, hold discussions, and would make public reports on the following issues, among others: a. An analysis of disarmament negotiations and the documents of the negotiations b. An exchange of opinions and proposals on possible ways to limit arms, and on disarmament c. An exchange of proposals on the establishment of trust d. An exchange of information on the possible consequences of using nuclear arms. Such a bulletin would provide an opportunity for independent citizens' peace groups to participate in general discussions, publish uncensored materials, especially proposals on disarmament and trust and information on (various) peace movements and the steps they have taken. We appeal to the governments and public opinion of the USSR and the USA since we are convinced that everyone who understands that the future needs to be defended must have a genuine opportunity to defend it! Moscow; June 4, 1982 Batovrin, Sergei Blok, V.R. Fleishgakker, Maria I. Khronopulo, Yu. G. Fleishgakker, V.N. Rozenoer, S.A. Sobkov, I.N. Ostrovskaya, L.A. Krochik, G.M. Kalyuzhny, B.I. (and seventy-four signatures in support) (the appeal is open for signatures.)

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  • Abuse of Psychiatry in the Soviet Union

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    This joint hearing by the Committee on Foreign Affairs, Subcommittee on Human Rights and International Organizations, and the Commission on Security and Cooperation in Europe examined the plight of Jews in the Soviet Union. Moscow's heightened campaign of hatred against its own citizens, in flagrant disregard of international law, was identified as a factor in whether the United States should enter into any further agreements with the Soviet Union, especially ones which involve United States security. Witnesses testifying at this hearing expressed their concerns about the continued persecution and harassment of the Jewish community in the Soviet Union. The repressive policies instituted by the Soviet regime to destroy Jewish culture, despite its commitment to the human rights terms agreed upon during the Helsinki Final Act, were outlined.

  • Human Rights Situation in Turkey

    A staff-level fact-finding mission from the Commission on Security and Cooperation in Europe visited Turkey from August 22-29,  for talks on the whole range of CSCE-related issues as part of Western preparations for the forthcoming session of the Madrid Meeting in November, 1982. In the course of these wider Madrid­ related discussions, the staff delegation discussed human rights issues as well as the transition to democracy under the martial law authorities, with a wide-range of officials and private individuals, including lawyers, journalists, professors, former politicians, businessmen and representatives of various ethnic and religious minorities. The staff-level delegation was able to meet with almost all of those with whom it requested appointments, with the notable exception of former Prime Minister Bulent Ecevit who began serving a prison sentence the day before the delegation arrived and, consequently, under Turkish law, was not permitted to meet with the delegation. The delegation was able to meet with the other former Prime Minister, Suleyman Demirel. The staff-level fact-finding visit was the result of mounting concern in Congress and among a wide spectrum of non-governmental organizations as well as groups abroad with developments in Turkey since the takeover by the Turkish military on September 12, 1980. In the past several months, the Commission had been approached by representatives of several influential groups expressing misgivings over events in Turkey and requesting a hearing or an investigation by the Commission into these problems under the terms of the Helsinki Final Act. Among these groups were: the American Bar Association's Subcommittee on the Independence of Lawyers in Foreign Countries, the International Human Rights Law Group, Amnesty International, the New York Helsinki Watch Committee, the International League for Human Rights and the Armenian Assembly of America. In addition to these public groups, members of Congress as well as parliamentary colleagues from several NATO countries expressed their concern with conditions in Turkey and urged that the Commission undertake an investigation into these problems from the vantage point of the Helsinki Final Act. The Chairman of the Subcommittee on Human Rights and International Organizations of the House Foreign Affairs Committee, Rep. Don Bonker, requested the Commission to hold joint hearings with his Subcommittee on violations of human rights in Turkey.

  • Human Rights in Czechoslovakia: The Documents of Charter '77, 1977-1982

    The documents in this publication reflect the efforts of Czechoslovak citizens to express their opinions on issues of importance to them and on rights guaranteed to them under Czechoslovak law, the Helsinki Final Act, and other international agreements. In Principle VII of the Helsinki Final Act, the participating States confirmed the "right of the individual to know and act upon his rights." They also agreed to "promote and encourage the effective exercise of civil, political, economic, social, cultural and other rights and freedoms all of which derive from the inherent dignity of the human person..." The signatories further pledged to "recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience." Sadly, these noble words ring hollow in Czechoslovakia, one of the 35 signatories to the Helsinki Final Act. In an effort to improve their country's adherence to the principles and spirit of the Helsinki document during the last five years -- over 1,000 czechoslovak citizens -- workers, scholars, clergymen, professionais, students, government employees, scientists and others -- have affixed their names to the manifesto of human rights known as Charter 77. Many have also worked actively with VONS -- the Committee for the Defense of the Unjustly Persecuted -- to report and document violations of basic human freedoms. While in most signatory countries these efforts on behalf of human rights would be applauded and rewarded, in Czechoslovakia both signers of Charter 77 and members of VONS have fallen victim to unrelenting government repression. Charter 77 clearly emphasizes that its aim is not to change the existing sociai system, but simply to demonstrate the need for "observance of laws" -- both domestic and international -- by the Czechoslovak authorities. As an example of this committment to international law and other agreements, Charter 77 called upon the Czechosiovak delegation to the Madrid Meeting of the Conference on Security and Cooperation in Europe to honor its word and implement all the provisions of the helsinki Final Act, including Principle ViI. The constant surveillance, house searches, detentions, arrests, beatings and terms of imprisonment to which these courageous men and women are subjected are difficult to reconcile with the statements attesting to full implementation presented by the Czechoslovak delegations to both the Belgrade and Madrid review meetings.

  • THE CRISIS IN POLAND AND ITS EFFECTS ON THE HELSINKI PROCESS

    This hearing focused on the events in Poland, resulting from martial law, as direct violations of the human rights and other provisions of the Final Act and to determine what can be done to preserve human rights gains in that beleaguered country. It is clear now that the aim of this harsh crackdown was the suppression of the Polish workers' movement, Solidarity, as well as the rollback of the unprecedented political reforms and social renewal which that movement had stimulated during the past 16 months. Also discussed was the strategic importance of Poland to the U.S.S.R. and how these developments may show signs of vulnerabilities among the Soviet states.

  • Soviet Violation of Helsinki Final Act: Invasion of Afghanistan

    Attendees at this hearing, over which Commissioner Dante B. Fascell presided, discussed the December 1979 invasion of Afghanistan by the former Soviet Union, an invasion that ran counter to international law due to Afghanistan’s status as sovereign and independent. The set of agreements that the Soviet Union signed on to in 1975 with 34 other countries (i.e. the Helsinki Final Act) incorporated rights inherent in a country’s sovereignty, refraining from the threat or use of force, the rights of peoples to self-determination, and acceptance of international conduct principles. In short, the Soviet Union’s invasion and attempted occupation of Afghanistan had struck at the very heart of these principles, and its invasion had severely damaged the international climate and greatly damaged East-West relations.

  • The Helsinki Forum and East-West Scientific Exchange

    The Committee on Science and Technology as well as the Committee on Foreign Affairs and the Commission on Security and Cooperation in Europe sponsored the hearing to examine free and open scientific exchange among the OSCE member states. Amidst the Soviet invasion of Afghanistan, Andrei Tverdokhlebov, physicist and human rights activist, gave testimony about the restrictive state of freedom of association in the U.S.S.R., its effects on the scientific community, and attempts by the Soviet Government to silence Andrei Sakharov. The witnesses and the Commissioners discussed possible non-essential travel bans on future scientific exchanges and other joint international scientific efforts.

  • Implementation of The Helsinki Accords Vol. XI – Religious Persecution In U.S.S.R. & HR Violations in Ukraine

    The first part of this hearing, led by Commissioner Dante B. Fascell, focused largely on the imprisonment of Russian Pastor Georgi  Vins, who had spent eight of the last thirteen years in prison simply due to his occupation. Repression of this Baptist minister exemplified such repression of other Baptist clergymen by the U.S.S.R., whose denomination in the country dated back to the early 1900s. However, in 1965, the Soviet Baptist movement split into the recognized and legitimated all-union Council of Evangelical Christians, and the dissident reform Baptists, making the latter the first Soviet dissident human rights group. The second portion of the hearing discussed Ukrainian political retribution and dissidents, exemplified by the cases of witnesses who had all been political prisoners in the Eastern European country.

  • Implementation of The Helsinki Accords Vol. X – Aleksandr Ginzburg On The Human Rights Situation In The U.S.S.R.

    CSCE Chairman Dante Fascell presided over this hearing on the human rights situation in the USSR. Aleksandr Ginzburg,a Russian human rights activist who had finally been released from the Gulag Archipelago and subsequently returned to his family, testified.  The hearing also focused on the repression and imprisonment of members of the Moscow Helsinki Monitoring Group, a Russian human rights advocacy organization whose work focused on pressure in support of the Helsinki Final Act. The hearing gave Ginzburg a platform to candidly discuss the as human rights abuses taking place in the USSR.

  • Implementation of the Helsinki Accords Vol. IX – U.S. Visa Policies

    This briefing discussed how the Helsinki Accord’s provisions on the free flow of people apply to the United States.  The briefing followed President Carter’s commitment to embody the principles outlined in the Helsinki Final Act.  Representatives from  U.S. government agencies, such as the Department of State and the Department of Justice, and interested civil society organizations testified about their experiences with the current visa regime. The witnesses were asked to make recommendations about the advisability of changing U.S. law to align with the freedom of movement provisions in the Helsinki Accords.

  • Implementation Of The Helsinki Accords Vol. VIII – U.S. Compliance: Human Rights

    Commissioner Claiborne Pell and others in attendance, in this series of hearings, looked at their own country’s record on the Helsinki Final Act of 1975. This hearing signified the first time that a state belonging to the Organization for Security and Cooperation in Europe (OSCE), or the “Conference,” had looked at its own record in such a manner, taking into account criticism by other signatories and private domestic monitoring groups, no less. This series of hearings’ purpose was to ascertain progress accomplished, learn what more needs to be achieved, and proclaim a reaffirmation of the U.S. commitment to the Helsinki Final Act’s full implementation.

  • Soviet Law and the Helsinki Monitors

    Between February 3, 1977 and June 1, 1978, twenty Soviet citizens active in the defense of human rights in five different Republics were arrested and imprisoned; two others, traveling abroad on Soviet passports, were stripped of their citizenship and denied the right to return to the USSR. All are members of the Public Groups to Promote Observance of the Helsinki Agreement in the USSR (the Soviet Helsinki Watch) or, in the case of two men, of its subsidiary Working Commission to Investi­gate the Abuse of Psychiatry for Political Purposes. The twenty-one men and one woman are being punished under a variety of different criminal charges. Their "crime," however, is identical: political dissent, ex­pressed in the non-violent, open effort to spur Soviet authorities to implement the human rights and humanitarian undertakings of the August 1975 Final Act of the Conference on Security and Cooperation in Europe (the Helsinki Accord.) The following study by the staff of the U. S. Commission on . Security and Cooperation in Europe examines the workings of Soviet law and criminal procedure as applied in these cases of political dissent. It discusses the guarantees of Soviet law, including international covenants ratified by the USSR, against arbitrary arrest and unfair trial and compares those to the practices used against the Helsinki Watchers. From the study it is evident that those guarantees -- both substantive and procedural -- have been repeatedly violated in the persecution and prosecution of the twenty-two human rights activists. The violations uncovered range from improper conduct of pre-arrest house searches through illegally prolonged pre-trial detention to unlawful denial of the rights of the defense at the trial. This pattern of official conduct toward free, but dissenting political expression is not new in the Soviet Union. In the treatment of the Soviet Helsinki Watch, however, it has been systematic and can be termed, without question, a gross and intentional violation of both the pledges in the Final Act and the safeguards promised by the Soviet Constitution, Criminal Codes and Codes of Criminal Procedure.

  • Implementation Of The Helsinki Accords Vol. VI – Soviet Law And Helsinki Monitors

    This briefing discussed the repression against human rights activists in the Soviet Union.  Chairman Fascell and Commissioner Leahy oversaw the testimony of several American lawyers representing imprisoned members of the Moscow-Helsinki Group detailing the abuses committed against their clients.  Numerous documents from Soviet citizens were also submitted to the record documenting the Soviet authorities’ violations of the Helsinki Accords’ human rights provisions.

  • Implementation of the Helsinki Accords Vol. V – The Right to Citizenship in the Soviet Union

    Commissioners Fascell and Pell, along with other commissioners and witnesses, discussed the plight of the witnesses themselves (musicians Mstislav Rostropovich and Galina Vishnevskaya). More specifically, these musicians, an acclaimed cellist and an opera singer, respectively, both arbitrarily had their citizenships revoked by Soviet authorities, without a fair trial (i.e. a right to an appeal, a hearing, and a right to a defense). These individuals’ predicament underscored similar situations of other Soviet citizens whom the government had revoked the citizenships of, a practice that the U.S. Supreme Court has classified as “cruel and unusual punishment.”  

  • Implementation of the Helsinki Accords Vol. III – Information Flow, And Cultural And Educational Exchanges

    In this hearing, Commissioner Dante Fascell and others discussed the impact that the Helsinki Accords had on easing and expanding the flow of ideas and information across ideological and international frontiers. The rationale for this hearing, which consisted of three mornings of testimony, was that, while the Commission has had a long and storied history of hearing and discussing the movement of people, one goal of the Helsinki Accords is to diminish the obstacles that keep the views of others out, which are also the borders that restrict freedom of movement for people.

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