Senate Concurrent Resolution 153 - Expressing the Sense of Congress with Respect to the Parliamentary Elections Held in Belarus on October 15, 2000, and for Other Purposes

Senate Concurrent Resolution 153 - Expressing the Sense of Congress with Respect to the Parliamentary Elections Held in Belarus on October 15, 2000, and for Other Purposes

Hon.
Ben Nighthorse Cambell
Washington, DC
United States
Senate
106th Congress
Second Session
Congressional Record, Vol. 146
No. 132
Thursday, October 19, 2000

Mr. DURBIN (for himself, Mr. Campbell, and Mr. Helms) submitted the following concurrent resolution; which was referred to the Committee on Foreign Relations: S. Con. Res. 153

Whereas on October 15, 2000, Aleksandr Lukashenko and his authoritarian regime conducted an illegitimate and undemocratic parliamentary election in an effort to further strengthen the power and control his authoritarian regime exercises over the people of the Republic of Belarus;

Whereas during the time preceding this election the regime of Aleksandr Lukashenko attempted to intimidate the democratic opposition by beating, harassing, arresting, and sentencing its members for supporting a boycott of the October 15 election even though Belarus does not contain a legal ban on efforts to boycott elections;

Whereas the democratic opposition in Belarus was denied fair and equal access to state-controlled television and radio and was instead slandered by the state-controlled media;

Whereas on September 13, 2000, Belarusian police seized 100,000 copies of a special edition of the Belarusian Free Trade Union newspaper, Rabochy, dedicated to the democratic opposition's efforts to promote a boycott of the October 15 election;

Whereas Aleksandr Lukashenko and his regime denied the democratic opposition in Belarus seats on the Central Election Commission, thereby violating his own pledge to provide the democratic opposition a role in this Commission;

Whereas Aleksandr Lukashenko and his regime denied the vast majority of independent candidates opposed to his regime the right to register as candidates in this election;

Whereas Aleksandr Lukashenko and his regime dismissed recommendations presented by the Organization for Security and Cooperation in Europe (OSCE) for making the election law in Belarus consistent with OSCE standards;

Whereas in Grodno, police loyal to Aleksandr Lukashenko summoned voters to participate in this illegitimate election for parliament;

Whereas the last genuinely free and fair parliamentary election in Belarus took place in 1995 and from it emerged the 13th Supreme Soviet whose democratically and constitutionally derived authorities and powers have been undercut by the authoritarian regime of Aleksandr Lukashenko; and

Whereas on October 11, the Lukashenko regime froze the bank accounts and seized the equipment of the independent publishing company, Magic, where most of the independent newspapers in Minsk are published:

Now, therefore, be it Resolved by the Senate (the House of Representatives concurring), Congress hereby-- (1) declares that-- (A) the period preceding the elections held in Belarus held on October 15, 2000, was plagued by continued human rights abuses and a climate of fear for which the regime of Aleksandr Lukashenko is responsible; (B) these elections were conducted in the absence of a democratic electoral law; (C) the Lukashenko regime purposely denied the democratic opposition access to state-controlled media; and (D) these elections were for seats in a parliament that lacks real constitutional power and democratic legitimacy; (2) declares its support for the Belarus' democratic opposition, commends the efforts of the opposition to boycott these illegitimate parliamentary elections, and expresses the hopes of Congress that the citizens of Belarus will soon benefit from true freedom and democracy; (3) reaffirms its recognition of the 13th Supreme Soviet as the sole and democratically and constitutionally legitimate legislative body of Belarus ; and (4) notes that, as the legitimate parliament of Belarus , the 13th Supreme Soviet should continue to represent Belarus in the Parliamentary Assembly of the Organization for Security and Cooperation in Europe.

It is the sense of Congress that the President should call upon Aleksandr Lukashenko and his regime to--(1) provide a full accounting of the disappearances of individuals in that country, including the disappearance of Viktor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky; and (2) release Vladimir Kudinov, Andrei Klimov, and all others imprisoned in Belarus for their political views.

The Secretary of the Senate shall transmit a copy of this resolution to the President.


 

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  • The Trouble with the Recent Iranian Elections

    Mr. President, as Chairman of the U.S. Helsinki Commission, which has had decades of experience monitoring election and promoting democracy and human rights, I would like to take this moment to speak on a troubling matter that has filled headlines around the world in the last few days. We have all seen the images. Violence and mass protests are erupting across Iran following the hasty vote count of a deeply flawed presidential election process in that country. Yet another unfortunate chapter is unfolding before our eyes that reinforces Iran’s record as a police state and totalitarian regime more concerned with keeping its tight grip on power than yielding to the will of the people. I stand with President Obama calling for the government to exercise restraint and the violence to end. Regrettably, at least seven people have been killed and countless others injured. We may never know the true results of this election, given the lack of international monitoring. But what we do know is that in the last few days we have witnessed tens of thousands of Iranians raise their voice in protest to ensure that their vote meant something. On Friday, voters in Iran lined up in unprecedented numbers to choose their next president. I, like many others, was dismayed on Saturday to hear the ruling clerics rush to announce that Ahmadinejad had won re-election by a large margin. Regardless of the limited official scope of his duties, President Ahmadinejad’s consistent pattern of noxious remarks and his belligerent attitude inject understandable tension around the Middle East and beyond. He has used the presidential podium to instigate conflict with the international community, pursue acquisition of nuclear weapons, and spew hatred and intolerance toward Israel and the United States. I cannot say and will not say what could have been or should have been if any other candidate was elected, but there is no doubt whatsoever as to Ahmadinejad’s unfitness as a leader. Equally troubling were the almost immediate reports coming from Tehran and elsewhere around Iran that there were deep flaws in this election. Elections do not equal democracy, nor do they guarantee that the will of the people will be reflected in their government. But this was not a free and fair election from the start. In Iranian Presidential elections, only a select group of candidates approved by a 12-person Council of Guardians are eligible to run. The Iranian regime, headed by Supreme Leader Ali Khamenei continues to severely restrict civil liberties including freedom of speech, expression, assembly, and association. Freedom to discuss ideas without threat of oppression is a fundamental human right that is essential to a government truly reflecting the will of its people. This freedom is absent in Iran. Typically, Iranian elections and public expressions are carefully monitored and manipulated by the ruling regime to prevent challenges to their authority. The last few days we have seen something different. The tens of thousands of people lining the streets of Tehran – in an incredible rebuttal to the ruling powers – want to know that the votes that they cast are counted properly. The deliberate lack of transparency in the vote tabulation and the blatant attempts to block mass communications among citizens, particularly the youth, are too glaring to ignore. Even the Supreme Leader has been forced to backtrack on his immediate approval of the results and has called for at least the appearance of a recount in some disputed areas. Americans know something about wanting to have their votes counted accurately. The difference between our two nations is when the results of a U.S. election were in dispute, the world spotlight shined bright on the process and the people involved resolved the conflict peacefully. Transparency and openness is not a hallmark of Iranian elections. Even before the presidential election took place, Iran’s totalitarian regime blocked personal communications like texting and access to the Internet. Media have been confined to Tehran, if they haven’t been asked to leave the country. The regime’s ongoing attempts to curtail communication and silence protests – often with brutal force – demonstrate the regime’s fear of losing a grip on power. Allegations of a fraudulent vote count are a symptom of a regime that has survived by mixing select elements of democracy into an authoritarian power structure that oppresses its people. On June 12, the people of Iran did not vote for the Supreme Leader of their country. Under the current system, Khamenei and his supporters will continue to dictate policy to the President of Iran, regardless of who that president is and whatever policy decisions the president is authorized to make. The people of Iran want their voices to be heard and they should be assured that the world is listening. I urge those in power in Iran also to listen and implement the reforms necessary to allow the will of the people to be expressed. I look forward to a future when the people of Iran have an opportunity for a free and fair election of leaders of their choosing. It is my sincere hope that one day this vision will be realized, and the voice of the Iranian people will truly be heard.

  • Albania’s Elections and the Challenge of Democratic Transition

    In this briefing, Co-Chairman Rep. Alcee L. Hastings examined the democratic progress made in Albania on the eve of the country’s parliamentary elections, set for June 28, 2009.  This examination was to assess Albania’s overall preparedness for European integration after it had applied for candidate status with the European Union and joined the NATO Alliance. Panelists - including Rep. Eliot L. Engel (D-NY), Co-Chair, Albania Issues Caucus, Elez Biberaj, Director, Eurasia Division, Voice of America, Jonas Rolett,  Regional Director for South Central Europe, Open Society Institute, and Robert Benjamin, Regional Director for Central and Eastern Europe, National Democratic Institute - discussed the prospects for the upcoming elections to be held in accordance with the standards set by the Organization for Security and Cooperation in Europe (OSCE), which would be observing the election.

  • The Western Balkans: Challenges for U.S. and European Engagement

    This hearing discussed the recent progress of the seven countries of the Western Balkans with regards to internal stability, democratic development, minority rights, anti-corruption efforts, and the rule of law. The witnesses evaluated each country’s progress and that of the region as a whole. In addition, the hearing also focused on the on the election process in each country and whether they had met the OSCE standards for elections.

  • Belarus Imprisonment

    Mr. President, as Chairman of the Helsinki Commission, I would like to bring to the attention of the Senate a situation which is literally a matter of life and death for an American citizen, Emanuel Zeltser, who has been imprisoned in Belarus since March 12, 2008. Mr. Zeltser is in desperate and immediate need of serious medical treatment--including a coronary bypass operation. The poor human rights record of President Lukashenka's regime is well known. No American--indeed no human being--should be subjected to the kind of treatment Mr. Zeltser has been forced to endure during his incarceration. Despite Mr. Zeltser's grave health condition--he suffers from heart disease, type 2 diabetes, severe arthritis, gout, and dangerously elevated blood pressure--Belarusian authorities have repeatedly refused to provide Mr. Zeltser with his prescribed medications. He was initially denied two independent medical evaluations and he has reported being physically assaulted and abused while incarcerated. Amnesty International has urged that Belarusian authorities no longer subject Mr. Zeltser to "further torture and other ill-treatment.'' Mr. Zeltser was convicted of "using false official documents'' and "attempted economic espionage'' in a closed judicial proceeding. The U.S. Embassy in Minsk criticized the proceedings, noting that it was denied the opportunity to observe the trial. The State Department has repeatedly called for Mr. Zeltser's release on humanitarian grounds. So have others in Congress, especially my colleague on the Helsinki Commission, cochairman Representative Alcee Hastings. But now the situation appears dire. Earlier this month, Mr. Zeltser was examined by an American doctor. It was only the second time an American physician has been permitted to see Mr. Zeltser. The doctor concluded that "there is a clear and high risk of sudden death from heart attack unless the patient is immediately transferred to a U.S. hospital with the proper equipment and facilities. ..... Refusal to transfer Mr. Zeltser to a U.S. hospital is equivalent to a death sentence.'' Specifically, Mr. Zeltser is in dire need of a coronary bypass procedure. The doctor also determined that because he had been denied prescribed diabetes medication, Mr. Zeltser's left foot may need to be amputated. In response to a press inquiry in December, the State Department called for "the Belarusian authorities to release Mr. Zeltser on humanitarian grounds before this situation takes an irrevocable turn.'' Based on the recent doctor's report it is apparent that such an irrevocable turn is imminent unless this American citizen can be brought home promptly for the medical treatment necessary to save his life. Belarus has taken some tentative steps to improve its notably poor human rights record, in particular the release of several political prisoners last August. However, Mr. Zeltser's continued, and potentially terminal, imprisonment threatens to override those initially encouraging signs. As such, I strongly urge the Belarusian authorities to release Emanuel Zeltser on humanitarian grounds so that he may obtain the immediate medical treatment his doctor has concluded is required if he is to live.

  • Turkmenistan: Prospect for Change?

    The purpose of this hearing was to examine Turkmenistan’s parliamentary elections- the first such election since the regime changed. The hearing focused on whether the election might mark a turning point at all for Turkmenistan as well as whether Turkmenistan has made progress on Democratic reforms. Positive signs were reviewed, particularly on education, but also areas of concern, such as reports of Turkmen officials pressuring young men not to apply for study programs in the United States. The distinguished witnesses and Commissioners reviewed the reform process and the significant advancements since the death of longtime President, Berdimuhamedov. In regards to areas of further reform and advancement, the hearing addressed measures in which the U.S. and the OSCE should respond to better the human rights condition in Turkmenistan.

  • 2008 Human Dimension Implementation Meeting

    The OSCE’s 2008 Human Dimension Implementation Meeting offered an opportunity to review compliance on a full range of human rights and humanitarian commitments of the organization’s participating States. Tolerance issues featured prominently in the discussions, which included calls for sustained efforts to combat anti-Semitism and other forms of discrimination. A U.S. proposal for a high-level conference on tolerance issues in 2009, however, met with only tepid support. Core human rights issues, including freedom of speech and freedom of religion, continued to draw large numbers of speakers. Throughout the discussions, non-governmental organizations (NGOs) expressed concern about Kazakhstan’s failure to implement promised reforms and questioned its readiness to serve as OSCE Chair-in-Office in 2010. Greece, slated to assume the chairmanship in January, came under criticism for its treatment of ethnic minorities. As in the past, the United State faced criticism for retaining the death penalty and for its conduct in counter-terrorism operations. Belarusian elections, held on the eve of the HDIM, came in for a round of criticism, while Russia continued to advocate proposals on election observation that would significantly limit the OSCE’s independence in such activities. Finally, discussion of the Russia-Georgia conflict was conspicuous by its near absence, though related human rights and humanitarian concerns will likely receive more prominence in the lead up to and during the December OSCE Ministerial in Helsinki. Background From September 29 to October 10, 2008, the OSCE participating States met in Warsaw, Poland, for the annual(1) Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest human rights gathering, convened to discuss compliance by the participating States with the full range of human dimension commitments they have all adopted by consensus. The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), according to an agenda approved by consensus of all 56 participating States. The HDIM is the only multinational human rights meeting in Europe where representatives of NGOs and government representatives have equal access to the speakers list. Indeed, over half of the statements delivered at this year’s HDIM were made by NGO representatives. Such implementation review meetings are intended to serve as the participating States’ principal venue for public diplomacy and are important vehicles for identifying continued areas of poor human rights performance. Although the HDIM is not tasked with decision-making responsibilities, the meetings can provide impetus for further focus on particular human dimension concerns and help shape priorities for subsequent action. Coming in advance of ministerial meetings that are usually held in December, the HDIMs provide an additional opportunity for consultations among the participating States on human dimension issues that may be addressed by Ministers. (This year, for example, there were discussions on the margins regarding a possible Ministerial resolution on equal access to education for Roma and advancing work in the field of tolerance and non-discrimination, including the possibility of convening a related high-level meeting in 2009.) OSCE rules, adopted by consensus, allow NGOs to have access to human dimension meetings. However, this general rule does not apply to “persons and organizations which resort to the use of violence or publicly condone terrorism or the use of violence.”(2) There are no other grounds for exclusion. The decision as to whether or not a particular individual or NGO runs afoul of this rule is made by the Chairman-in-Office. In recent years, some governments have tried to limit or restrict NGO access at OSCE meetings in an effort to avoid scrutiny and criticism of their records. This year, in the run up to the HDIM, Turkmenistan held the draft agenda for the meeting hostage, refusing to give consensus as part of an effort to block the registration of Turkmenistan NGOs which have previously attended the implementation meetings and criticized Ashgabat. Turkmenistan officials finally relented and allowed the adoption of the HDIM agenda in late July, but did not participate in the Warsaw meeting. Along these lines, the Russian delegation walked out in protest when the NGO “Russian-Chechen Friendship Society” took the floor to speak during a session on freedom of the media. At the 2008 HDIM, senior Department of State participants included Ambassador W. Robert Pearson, Head of Delegation; Ambassador Julie Finley, Head of the U.S. Mission to the OSCE; Ambassador Karen Stewart, Principal Deputy Assistant Secretary of State for Democracy, Human Rights and Labor; and Mr. Bruce Turner, Acting Director, Office for European Security and Political Affairs. Mr. Will Inboden, advisor on religious freedom issues, and Mr. Nathan Mick, advisor on Roma issues, served as Public Members. Ms. Felice Gaer, Chair of the U.S. Commission on Religious Freedom, and Mr. Michael Cromartie, Vice Chair, also served as members of the delegation. Helsinki Commission Chief of Staff Fred L. Turner and Senior State Department Advisor Ambassador Clifford Bond also served as members of the U.S. Delegation, along with Helsinki Commission staff members Alex T. Johnson, Ronald J. McNamara, Winsome Packer, Erika B. Schlager, and Dr. Mischa E. Thompson. In comparison with previous HDIMs, the 2008 meeting was relatively subdued – perhaps surprisingly so given that, roughly eight weeks before its opening, Russian tanks had rolled onto Georgian territory. While the full scope of human rights abuses were not known by the time the meeting opened, human rights defenders had already documented serious rights violations, including the targeting of villages in South Ossetia inhabited by ethnic Georgians. Nevertheless, discussion of the Russian-Georgian conflict was largely conspicuous by its near absence. Highlights The annual HDIM agenda provides a soup-to-nuts review of the implementation of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. The United States continued its longstanding practice of naming specific countries and cases of concern. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. This year, those subjects were: 1) education and awareness-raising in the promotion of human rights; 2) freedom of religion or belief; and 3) focus on identification, assistance and access to justice for the victims of trafficking. Of the three, the sessions on religious liberty attracted the most speakers with over 50 statements. A large number of side events were also part of the HDIM, organized by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States. These side events augment implementation review sessions by providing an opportunity to examine specific subjects or countries in greater depth and often with a more lively exchange than in the formal sessions. Along with active participation at these side events, the United States held extensive bilateral meetings with government representatives, as well as with OSCE officials and NGO representatives. At the end of the second week of the HDIM, Human Rights Directors from capitals also held a working meeting to discuss issues of mutual concern, with a special focus on United Nations Security Council Resolution 1325, on women, peace and security. This year, the U.S. Commission on International Religious Freedom also hosted a reception to honor the OSCE Panel of Experts on Freedom of Religion or Belief, as well as the tenth anniversary of the U.S. International Religious Freedom Act and the 60th anniversary of the UN Declaration of Human Rights. Greece, scheduled to assume the chairmanship of the OSCE starting in January 2009, came under particular criticism for its treatment of minorities. Unlike the highly emotional reactions of senior Greek diplomats in Warsaw two years ago, the delegation this year responded to critics by circulating position papers elaborating the Greek government’s views. Greece also responded to U.S. criticism regarding the application of Sharia law to Muslim women in Thrace by stating that Greece is prepared to abolish the application of the Sharia law to members of the Muslim minority in Thrace when this is requested by the interested parties whom it affects directly. Issues relating to the treatment of ethnic, linguistic and religious minorities in the OSCE region are likely to remain an important OSCE focus in the coming period, especially in light of developments in the Caucasus, and it remains to be seen how the Greek chairmanship will address these concerns in light of its own rigid approach to minorities in its domestic policies. Throughout the HDIM, many NGOs continued to express concern about the fitness of Kazakhstan to serve as OSCE Chair-in-Office in 2010 given serious short comings in that country’s human rights record. In particular, Kazakhstan was sharply criticized for a draft religion law (passed by parliament, but not yet adopted into law). One NGO argued that a Kazakhstan chairmanship, with this law in place, would undermine the integrity of the OSCE, and urged participating States to reconsider Kazakhstan for the 2010 leadership position if the law is enacted. Juxtaposing Kazakhstan’s future chairmanship with the possible final passage of a retrograde law on religion, the Almaty Helsinki Committee asked the assembled representatives, “Are human rights still a priority – or not?” (Meanwhile, on October 5, Secretary of State Condoleezza Rice visited Kazakhstan.) On the eve of the HDIM, Belarus held elections. Those elections received considerable critical attention during the HDIM’s focus on democratic elections, with the United States and numerous others expressing disappointment that the elections did not meet OSCE commitments, despite promises by senior Belarusian officials that improvements would be forthcoming. Norway and several other speakers voiced particular concern over pressures being placed on ODIHR to circumscribe its election observation activities. Illustrating those pressures, the Russian Federation reiterated elements of a proposal it drafted on election observation that would significantly limit the independence of ODIHR in its election observation work. The Head of the U.S. Delegation noted that an invitation for the OSCE to observe the November elections in the United States was issued early and without conditions as to the size or scope of the observation. (Russia and others have attempted to impose numerical and other limitations on election observation missions undertaken by the ODIHR and the OSCE Parliamentary Assembly.) Tolerance issues featured prominently during discussions this year, as they have at other recent HDIMs. Forty-three interventions were made, forcing the moderator to close the speakers list and requiring presenters to truncate their remarks. Muslim, migrant, and other groups representing visible minorities focused on discrimination in immigration policies, employment, housing, and other sectors, including racial profiling and hate crimes, amidst calls for OSCE countries to improve implementation of existing anti-discrimination laws. Jewish and other NGOs called for sustained efforts to combat anti-Semitism. Representatives of religious communities expressed concern about the confusion made by ODIHR in its Annual Hate Crimes Report between religious liberty issues and intolerance towards members of religious groups. This year, some governments and NGOs elevated their concerns relating to gay, lesbian, bisexual and transgender persons, increasingly placing these concerns in the context of the OSCE’s focus on hate crimes. A civil society tolerance pre-HDIM meeting and numerous side events were held on a broad range of tolerance-related topics. The United States and several U.S.-based NGOS called for a high-level conference on tolerance issues to be held in 2009. Unlike in prior years, however, no other State echoed this proposal or stepped forward with an offer to host such a high-level conference. In many of the formal implementation review sessions this year, NGOs made reference to specific decisions of the European Court on Human Rights, urging governments to implement judgments handed down in recent cases. During the discussion of issues relating to Roma, NGOs continued to place a strong focus on the situation in Italy, where Roma (and immigrants) have been the target of hate crimes and mob violence. NGOs reminded Italy that, at the OSCE Supplementary Human Dimension Meeting in July, they had urged Italy to come to the HDIM with concrete information regarding the prosecution of individuals for violent attacks against Roma. Regrettably, the Italian delegation was unable to provide any information on prosecutions, fostering the impression that a climate of impunity persists in Italy. As at other OSCE fora, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among the OSCE participating States. Of the 56 OSCE participating States, 54 have abolished, suspended or imposed a moratorium on the death penalty and only two – the United States and Belarus – continue to impose capital punishment as a criminal sanction. Two side events held during the HDIM also put a spotlight on the United States. The first event was organized by Freedom House and entitled, “Today’s American: How Free?” At this event, Freedom House released a book by the same title which examined “the state of freedom and justice in post-9/11 America.” The second event was a panel discussion on “War on Terror or War on Human Rights?” organized by the American Civil Liberties Union. Speakers from the ACLU, Amnesty International and the Polish Human Rights Foundation largely focused on issues relating to the United States, including the military commission trials at Guantanamo, and official Polish investigations into allegations that Poland (working with the United States) was involved in providing secret prisons for the detention and torture of “high-value” detainees.(3) In a somewhat novel development, Russian Government views were echoed by several like-minded NGOs which raised issues ranging from claims of “genocide” by Georgia in South Ossetia to grievances by ethnic Russians in Latvia and Estonia. Ironically, the Russian delegation, in its closing statement, asserted that this year’s HDIM had an “improved atmosphere” due (it was asserted) to the efforts by both governments and NGOs to find solutions to problems rather than casting blame. As at past HDIMs, some sessions generated such strong interest that the time allotted was insufficient to accommodate all those who wished to contribute to the discussion. For example, the session on freedom of the media was severely constrained, with more than 20 individuals unable to take the floor in the time allotted, and several countries unable to exercise rights of reply. Conversely, some sessions – for example, the session on equal opportunity for men and women, and the session on human dimension activities and projects – had, in terms of unused time available, an embarrassment of riches. Following a general pattern, Turkmenistan was again not present at the HDIM sessions this year.(4) In all, 53 participating States were represented at the meeting. At the closing session, the United States raised issues of particular concern relating to Turkmenistan under the “any other business” agenda item. (This is the sixth year in a row that the United States has made a special statement about the situation in Turkmenistan, a country that some view as having the worst human rights record in the OSCE.) For the past two years, there has been a new government in Turkmenistan. The U.S. statement this year noted some positive changes, but urged the new government to continue the momentum on reform by fully implementing steps it already has begun. In addition, the United States called for information on and access to Turkmenistan’s former representative to the OSCE, Batyr Berdiev. Berdiev, once Turkmenistan’s ambassador to the OSCE, was reportedly among the large number of people arrested following an attack on then-President Niyazov’s motorcade in 2002. His fate and whereabouts remain unknown. OSCE PA President João Soares addressed the closing plenary, the most senior Assembly official to participate in an HDIM meeting. The Russian-Georgian Conflict With the outbreak of armed violence between Russia and Georgia occurring only two months earlier, the war in South Ossetia would have seemed a natural subject for discussion during the HDIM. As a human rights forum, the meeting was unlikely to serve as a venue to debate the origins of the conflict, but there were expectations that participants would engage in a meaningful discussion of the human dimension of the tragedy and efforts to stem ongoing rights violations. As it turned out, this view was not widely shared by many of the governments and NGOs participating in the meeting. The opening plenary session foreshadowed the approach to this subject followed through most of the meeting. Among the senior OSCE officials, only High Commissioner on National Minorities Knut Vollebaek squarely addressed the situation in the south Caucasus. Vollebaek condemned the19th century-style politicization of national minority issues in the region and the violation of international borders. At the time of the crisis, he had cautioned against the practice of “conferring citizenship en masse to residents of other States” (a reference to Russian actions in South Ossetia) and warned that “the presence of one's citizens or ‘ethnic kin’ abroad must not be used as a justification for undermining the sovereignty and territorial integrity of other States.” Sadly, that sound advice went unobserved in Georgia, but it is still applicable elsewhere in the OSCE region.(5) The statement delivered by France on behalf of the countries of the European Union failed to address the conflict. During the plenary, only Norway and Switzerland joined the United States in raising humanitarian concerns stemming from the conflict. In reply, the head of the Russian delegation delivered a tough statement which sidestepped humanitarian concerns, declaring that discussion of Georgia’s territorial integrity was now “irrelevant.” He called on participating States to adopt a pragmatic approach and urged acknowledgment of the creation of the new sovereign states of Abkhazia and South Ossetia, terming their independence “irreversible” and “irrevocable.” Perhaps more surprising than this Russian bluster was the failure of any major NGO, including those who had been active in the conflict zone collecting information and working on humanitarian relief, to take advantage of the opportunity to raise the issue of South Ossetia during the opening plenary. As the HDIM moved into its working sessions, which cover the principal OSCE human dimension commitments, coverage of the conflict fared better. The Representative on Freedom of the Media remarked, in opening the session on free speech and freedom of the media that, for the first time in some years, two OSCE participating States were at war. During that session, he and other speakers called on the Russian Federation to permit independent media access to occupied areas to investigate the charges and counter-charges of genocide and ethnic cleansing. The tolerance discussion included calls by several delegations for Russia to cooperate and respond favorably to the HCNM’s request for access to South Ossetia to investigate the human rights situation in that part of Georgia. Disappointingly, during the session devoted to humanitarian commitments, several statements, including those of the ODHIR moderator and EU spokesperson, focused narrowly on labor conditions and migration, and failed to raise concerns regarding refugees and displaced persons, normally a major focus of this agenda item and obviously relevant to the Georgia crisis. Nevertheless, the session developed into one of the more animated at the HDIM. The Georgian delegation, which had been silent up to that point, spoke out against Russian aggression and alleged numerous human rights abuses. It expressed gratitude to the European Union for sending monitors to the conflict zone and urged the EU to pressure Russia to fully implement the Six-Point Ceasefire agreement negotiated by French President Sarkozy. The United States joined several delegations and NGOs calling on all parties to the conflict to observe their international obligations to protect refugees and create conditions for their security and safe voluntary return. In a pattern observed throughout the meeting, the Russian delegation did not respond to Georgian charges. It left it to an NGO, “Ossetia Accuses,” to make Russia’s case that Georgia had committed genocide against the people of South Ossetia. A common theme among many interventions was a call for an independent investigation of the causes of the conflict and a better monitoring of the plight of refugees, but to date Russian and South Ossetian authorities have denied both peacekeeping monitors and international journalists access to the region from elsewhere in Georgia. A joint assessment mission of experts from ODIHR and the HCNM, undertaken in mid-October, were initially denied access to South Ossetia, with limited access to Abkhazia granted to some team members. Eventually, several experts did gain access to the conflict zone in South Ossetia, though to accomplish this they had to travel from the north via the Russian Federation. One can only speculate why Georgia received such limited treatment at this HDIM. The crisis in the south Caucasus had dominated OSCE discussions at the Permanent Council in Vienna for weeks preceding the HDIM. Some participants may have feared that addressing it in Warsaw might have crowded out the broader human rights agenda. Others may have felt that, in the absence of a clear picture of the circumstances surrounding the conflict and with so many unanswered questions, it was best not to be too critical or too accusatory of either party. The EU (and particularly the French) were, at the time of the HDIM, in the process of negotiating the deployment of European observers to the conflict zone, and may have feared that criticism of Russia at this forum would have only complicated the task. In fact, the EU’s only oblique reference to Georgia was made at HDIM’s penultimate working session (a discussion which focused on human dimension “project activity”) in connection with the work of High Commissioner for National Minorities. (One observer of this session remarked that there seemed to be a greater stomach for dinging the OSCE Office for Democratic Institutions and Human Rights for shortcomings in its work than for criticizing Russia for invading a neighboring OSCE participating State.) Finally, other participants, particularly NGOs, seemed more inclined to view human rights narrowly in terms of how governments treat their own citizens and not in terms of how the failure to respect key principles of sovereignty and territorial integrity are invariably accompanied by gross violations of human rights and can produce humanitarian disasters. Amid simmering tensions between Russia and Georgia which could erupt into renewed fighting, and completion of a report requested by the Finnish Chairmanship in time for the OSCE’s Ministerial in Helsinki in early December, Ministers will have to grapple with the impact of the south Caucasus conflict and what role the OSCE will have. Beyond Warsaw The relative quiet of the HDIM notwithstanding, French President M. Nicolas Sarkozy put a spotlight on OSCE issues during the course of the meeting. Speaking at a conference in Evian, France, on October 8, he responded to a call by Russian President Dmitri Medvedev, issued in June during meetings with German Chancellor Angela Merkel, for a new “European Security Treaty” to revise Europe’s security architecture – a move seen by many as an attempt to rein in existing regional security organizations, including NATO and the OSCE. President Sarkozy indicated a willingness to discuss Medvedev’s ideas, but argued they should be addressed in the context of a special OSCE summit, which Sarkozy suggested could be held in 2009. The escalating global economic crisis was also very much on the minds of participants at the HDIM as daily reports of faltering financial institutions, plummeting markets, and capital flight promoted concerns over implications for the human dimension. Several delegations voiced particular concern over the possible adverse impact on foreign workers and those depending on remittances to make ends meet. Looking Ahead The human rights and humanitarian concerns stemming from the war in South Ossetia will likely come into sharper focus in the lead up to the December OSCE Ministerial in Helsinki as talks on the conflict resume in Geneva, and OSCE and other experts attempt to document the circumstances surrounding the outbreak of fighting and current conditions. The coming weeks can also be expected to bring renewed calls for an overhaul of the human dimension and the ODIHR by those seeking to curb attention paid to human rights and subordinate election monitoring activities. It remains to be seen whether Kazakhstan will fulfill the commitments it made a year ago in Madrid to undertake meaningful reforms by the end of this year. There is also the risk that a deepening economic crisis will divert attention elsewhere, even as the resulting fallout in the human dimension begins to manifest itself. It is unclear what priorities the Greek chairmanship will be set for 2009, a year that portends peril and promise. Notes (1) OSCE Human Dimension Implementation Meetings are held every year, unless there is a Summit. Summits of Heads of State or Government are preceded by Review Conferences, which are mandated to review implementation of all OSCE commitments in all areas (military-security, economic and environmental cooperation, and the human dimension). (2) Helsinki Document 1992, The Challenges of Change, IV (16). (3) Interestingly, at the session on human rights and counterterrorism, moderator Zbigniew Lasocik, member of the United Nations Subcommittee on Prevention of Torture, noted that Poland’s Constitutional Court had, the previous day, struck down a 2004 law that purported to allow the military to shoot down hijacked commercial aircraft – even if they were being used as weapons like the planes that killed thousands of people on 9/11. The Court reportedly reasoned that shooting down an aircraft being used as bomb would infringe on the constitutional protection of human life and dignity of the passengers. (4) Turkmenistan sent a representative to the HDIM in 2005 for the first time in several years. While responding to criticism delivered in the sessions, the representative appeared to focus more on monitoring the activities of Turkmen NGOs participating in the meeting. Turkmenistan subsequently complained that certain individuals who had been charged with crimes against the State should not be allowed to participate in OSCE meetings. Turkmenistan officials did not participate in the 2006 or 2007 HDIMs. Participation in the 2008 meeting would have been a welcome signal regarding current political developments. (5) The HCNM had previously expressed concern regarding Hungary’s overreach vis-a-vis ethnic Hungarian minorities in neighboring countries. In 2004, Hungary held a referendum on extending Hungarian citizenship to ethnic Hungarians abroad – an idea that still holds political currency in some quarters of Hungary – but the referendum failed due to low voter turnout.

  • Belarus’ Parliamentary Elections Fail to Meet OSCE Democratic Election Commitments

    By Orest Deychakiwsky and Winsome Packer Policy Advisors The conduct of the September 28 parliamentary elections in Belarus fell significantly short of international standards, despite some hopes that there would be improvements following the August release of political prisoners, Belarus’ reluctance to recognize South Ossetia and Abkhazia and statements by senior Belarusian officials raising expectations. The Commission followed the run-up to the elections closely, holding a hearing on September 16 titled “Business as Usual? Belarus on the Eve of the Elections,” and issuing a press release expressing concern about the pre-election climate and encouraging last minute steps, including transparency in the vote count and full access for OSCE observers. [Both the hearing and the press release are available on the Commission’s website.] Two members of the Commission staff traveled to Belarus as part of the OSCE Parliamentary Assembly’s delegation of the overall OSCE Election Observation Mission, observing in Minsk and Smolevichi. In its statement, issued the day after the election, the OSCE election observation mission concluded that despite minor improvements, the conduct of the parliamentary elections in Belarus “ultimately fell short of OSCE commitments for democratic elections.” On election day, voting itself was generally well conducted, though the vote count was assessed as bad or very bad in 48 percent of OSCE observations. The experiences of Commission staff on voting day were consistent with those of other OSCE observers. For the most part, the voting itself in the precincts staff visited went smoothly. However, the vote counting process was particularly problematic, given the lack of transparency. All 110 elected members of the Chamber of Representatives of the National Assembly (lower chamber of parliament) are pro-government. No opposition activists from out of 70 nominated by the democratic opposition were elected. The vote count in one Minsk precinct in which Commission staff observed jointly with a Swedish member of parliament was dramatically lacking in transparency. There were three candidates on the ballot in this precinct, including one opposition member. Both the OSCE and domestic observers were hindered from having a full view of the vote counting proceedings. The precinct electoral commission set tables up as barriers about three meters from the tables on which the ballots were being counted. Further obstructing the observers’ view of the ballot count were the electoral commission workers themselves, who were positioned in such a way as to make viewing difficult. Attempts by observers and a proxy of the opposition candidate to clarify which provisions of the electoral code permitted this behavior by the electoral commission went nowhere. All of the ballots – from the early voting, mobile voting, and regular voting were mixed in together. When an OSCE observer took a picture of the vote count, or, more accurately, of the election commission members blocking the vote count, the chairwoman interrupted the count to write a complaint against the observer. After about 20 minutes, the opposition candidate’s proxy notified her that according to Article 55 of the electoral code, “the count must be performed without a break until the results of the voting have been obtained.” Only at that point did the Chairwoman cease writing and resume the count. In the North-East Minsk district that other Commission staff monitored with an Irish senator, the experience was similar. The voting process at the eight polling stations that they monitored was orderly and transparent. The problems came in the counting process. Similar to the reports from other observers, Commission staff and the Irish observer were prevented from standing close enough to watch the vote counting in a manner that allowed them to see the names and other distinguishing information on the ballots, even though the importance of this facet of observation was stressed to the government by the OSCE and the Interior Minister assured observers in a briefing on September 25 that election monitors would be able to watch the counting from a close vantage point. In a far departure from this promise, the precinct officials refused to announce what boxes they were opening during the process. They would lift a box, dump its contents on a table on the other side of the room from where the observers were seated, and ten or so people would crowd around the table to separate the ballots and "count" the votes. Observers could not distinguish which ballots came from early voting versus the ballots cast on election day, or spoiled ballots. They refused to announce the results of the count or record them in the protocol as was delineated in the procedural manual provided by ODIHR. They then huddled with a calculator to tabulate numbers, write them on a piece of paper in complete silence. Afterward, the precinct chair posted all of their numbers on a bulletin board. They then gathered up the ballots and left the building without a word. It is apparent that further legal and cultural changes are required for truly democratic elections to occur in Belarus. Several problems that manifested themselves during the actual voting were that the material used to seal the ballot boxes was easily manipulable and could be removed and put back on (clay dough and a string). In a number of precincts, the early voting ballot boxes were not in plain view, as required by law. Early voting was significant in several precincts, up to 39 percent in one case. Before voting day, there appeared to be a certain willingness on the part of some in the West to give the benefit of the doubt to the authorities, in part due to the minor improvements that had taken place in the election campaign, such as slightly increased access of opposition representatives to district election commissions, and the decision to repeat the airing of the candidates’ five-minute campaign spots on state TV and radio stations. This, together with the release of political prisoners Aleksandr Kozulin, Syarhei Parsyukevich and Andrei Kim (which led to the temporary lifting of U.S. sanctions on two subsidiaries of Belarus’s giant petrochemical conglomerate Belnaftakhim), and Belarussian leader Alexander Lukashenka’s unenthusiastic response to Russia’s occupation of Georgia and refusal to date to recognize South Ossetia and Abkhazia created an atmosphere of optimism that Lukashenka would be willing to take steps towards democratic reform and engage in a dialogue with Europe and the United States. The stark lack of transparency in the vote count was also surprising to many because it flew in the face of Belarusian authorities’ pledges prior to the vote, and it was probably unnecessary. Given the overall election campaign climate, which did not allow for genuine political competition and where the opposition had extremely minimal representation on precinct election commissions, the vast majority of pro-governmental candidates would have won in any event. This is within the context of the wider extremely inhospitable environment for the democratic opposition, in which for almost 15 years the Lukashenka regime has tightly controlled the media; vilified the opposition; repressed the independent media; disappeared, detained, imprisoned, and beaten opposition members and democracy activists; harassed and suppressed non-governmental organizations and, in short, done its best to stifle independent thought. Notwithstanding the EU’s temporary lifting of some visa sanctions against senior Belarusian officials, Mr. Lukashenka may have yet again missed an opportunity to move Belarus towards democratic Europe, which would enhance Belarus’ independence, at a time when it especially needs to be strengthened, given intensifying Russian pressure on Belarus. Notwithstanding the flawed elections, both the United States and Europe have displayed a willingness to continue to engage in dialogue with Minsk and to encourage Belarus to move forward along the path of compliance with freely undertaken OSCE human rights and democracy commitments. The poor quality of the September 28 elections did not facilitate this process, as had been hoped by the West. Nevertheless, if the Belarusian authorities take steps to increase political freedom and respect for human rights, the real possibility exists for a gradual opening in U.S.-Belarusian relations – for Belarus to begin the process of reducing its self-imposed isolation and eventually taking its rightful place among the community of European nations.

  • OSCE 101: Briefing for Civil Society

    Please join the U.S. Helsinki Commission for OSCE 101: BRIEFING FOR CIVIL SOCIETY Thursday, September 4, 2008  10:00 a.m. - 12:00 p.m.  Rayburn House Office Building  B318 For those in need of a refresher course and those interested in becoming involved. Learn about the Organization for Security and Cooperation in Europe and the Role of Civil Society For those planning to travel to Warsaw, Poland, remember to register to participate in the OSCE’s Annual Human Rights Meeting: What: Human Dimension Implementation Meeting (HDIM) When: September 29 – October 10, 2008 Where: Warsaw, Poland Why: Annual 2-week human rights conference What is the HDIM? The term "human dimension" describes the set of norms and activities related to human rights, the rule of law, and democracy that are regarded within the OSCE as one of the three pillars of its comprehensive security concept, along with the politico-military and the economic and environmental dimensions. Every year in Warsaw, the OSCE's Office for Democratic Institutions and Human Rights (ODIHR) organizes a two-week conference, the Human Dimension Implementation Meeting (HDIM). The HDIM is a forum where OSCE participating States discuss the implementation of human dimension commitments that were adopted by consensus at prior OSCE Summits or Ministerial Meetings. These commitments are not legally binding norms; instead, they are politically binding - a political promise to comply with the standards elaborated in OSCE documents. Follow-up meetings to review the implementation of the commitments are based on the principle that the commitments undertaken in the field of the human dimension are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the state concerned. A comprehensive, 2-volume compilation of the OSCE human dimension commitments (available in English and in Russian) can be ordered free of charge through the ODIHR website: Volume 1: Thematic Compilation and Volume 2: Chronological Compilation.

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