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hearing
Helsinki Commission Hearing Reviews Bulgaria’s Leadership of the OSCE
Thursday, February 26, 2004His Excellency Solomon Passy, Foreign Minister of Bulgaria and Chair-in-Office of the OSCE testified in front of the Commission on Security and Cooperation in Europe, chaired by the Honorable Christopher Smith (NJ-04). Passy’s testimony regarded the OSCE’s program for 2004 under Bulgaria’s leadership. Passy stated that implementations of OSCE commitments would top the agenda for Bulgaria’s Chairmanship of the OSCE. The hearing covered the conflict in Chechnya; OSCE efforts to resolve the Transdniestrian conflict and “frozen conflicts” in the Caucasus; OSCE efforts to combat anti-Semitism and human trafficking; the situation in Central Asia; and promoting respect for human rights and democratic values throughout the OSCE region. Passy also spoke about Bulgaria’s experience with its own transition to democracy and its ongoing human rights efforts.
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hearing
The Bulgarian Leadership of the OSCE
Thursday, February 26, 2004This hearing, which Representative Christopher H. Smith presided over, focused on the Bulgarian Chairmanship of the OSCE, which had begun in for January 2004 and would continue for a year. The hearing specifically reviewed the OSCE’s program for 2004 under Bulgaria’s leadership. Solomon Passy, witness at the hearing, said that implementation of OSCE commitments would top the agenda for Bulgaria’s OSCE Chairmanship. Specific issues that attendees discussed included the Chechnyan conflict, OSCE efforts to revoke the Transdniestrian conflict, work to resolve the “frozen conflicts” in the Caucasus, efforts to combat anti-Semitism and human trafficking, the situation in Central Asia, and promoting respect for human rights and democratic values throughout the OSCE region.
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statement
Radio Liberty Stifled in Ukraine
Thursday, February 12, 2004Mr. President, several weeks ago, I addressed the Senate, in my capacity as Co-Chairman of the Helsinki Commission, on critical Presidential elections scheduled to be held later this year in Ukraine. In the latest twist in the lead up to those elections, yesterday Radio Liberty was abruptly informed that its Ukrainian Service programming would be removed from its major radio broadcaster’s FM schedule, beginning February 17. In a press release, RFE/RL President Tom Dine said, "This is a political act against liberal democracy, against free speech and press, against RFE/RL, and shows, once again, that Ukraine's political leadership is unable to live in an open society and is compelled to 'control' the media as if it were the good old days of the Soviet Union." This is not the first time that there has been official Ukrainian pressure to drop RFE/RL broadcasting since September 2001, shortly after the murder of independent journalist Heorhiy Gongadze and the release of secretly-recorded tapes in Ukrainian President Kuchma's office implicating him and other high-ranking officials in the disappearance, corruption, and other dubious actions. Radio Liberty covers these and many issues about life in Ukraine, serving as an objective source of information in a media environment increasingly dominated by these authorities. In the past I have spoken out about Ukraine's troubled pre-election environment, including its media environment. This latest move, together with repressive measures against the democratic opposition and independent media over the course of the last few months, raise profound questions as to whether the October presidential elections will be free, fair, open, and transparent, in a manner consistent with Ukraine's freely undertaken OSCE and other international commitments. Effectively unplugging an important independent source of information does not bode well for democracy in Ukraine.
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statement
Belarusian Authorities Continue to Stifle Democracy
Wednesday, February 11, 2004Mr. President, as Co-Chairman of the Commission on Security and Cooperation in Europe, I want to update colleagues on developments in the Republic of Belarus, a country with the poorest human rights record of any country in Europe today. In the last year, Belarusian dictator Lukashenka's assault on civil society has steadily intensified, with the liquidation of NGOs, violence against opposition activists, and repression of the independent media and trade unions. The situation in Belarus continues its downward spiral with daily reports of growing repression and new human rights violations. Since the beginning of the still relatively New Year, NGOs such as the Belarusian Language Society and the Belarusian Helsinki Committee have experienced increased harassment. The Minsk City Court has ordered the liquidation of the Independent Association of Legal Research. Leaders of the opposition "Five Plus" bloc, who are in Washington this week, were recently detained and searched by customs officials at the Polish-Belarusian border. The officials were reportedly looking for printed, audio or video materials that could "damage the political and economic interests of the country." Human rights activists or independent journalists such as Natalya Kolyada, Nina Davydowskaya, Iryna Makavetskaya, Aksana Novikava and Aleksandr Silitsky continue to be subjected to threats, detentions or heavy fines. Others, including activists of the youth group ZUBR, have been arrested for holding an unauthorized picket demanding a thorough investigation of the disappearances of three democratic opposition members Yuri Zakharenka, Victor Gonchar, Anatoly Krasovsky, and journalist Dmitri Zavadsky. Independent media outlets also continue to feel the wrath of the powers that be, including libel proceedings against Narodnaya Volya, Belarus' largest independent daily; the confiscation of Asambleya, a bulletin of the Assembly of the Belarusian Democratic NGOs; the refusal by the Belarusian Postal Service to distribute the independent newspaper Regionalniye Novosti; the confiscation of copies, in the town of Smorgon, of the independent newspaper, Mestnaya Gazeta; and the censoring of the independent newspaper Volnaya Hlybokaye in the Vitebsk region. Several Jewish cemeteries are being destroyed, Baptist congregations are being fined and Krishna followers detained. In an unusual step, the International Labor Organization, ILO, has established a commission of inquiry, only the eleventh time in the body's 84-year history, to examine violations of trade union rights in Belarus. Meanwhile, the Parliamentary Assembly of the Council of Europe's Committee on Legal Affairs and Human Rights unanimously ratified a report on political disappearances in Belarus. The just-released report severely criticizes the Belarusian authorities, stating that "steps were taken at the highest level of the State actively to cover up the...disappearances" of several high-profile members of the opposition in 1999 to 2000 and that senior Belarusian officials may be involved. Last year I introduced the Belarus Democracy Act of 2003, S. 700, which is designed to help promote democratic development, human rights and rule of law in the Republic of Belarus, as well as encourage the consolidation and strengthening of Belarus' sovereignty and independence. While some might be tempted to dismiss Belarus as an anomaly, the stakes are too high and the costs too great to ignore. It is important for us to stay the course and support Belarus in becoming a genuine European state, in which respect for human rights and democracy is the norm and in which the long-suffering Belarusian people are able to overcome the legacy of dictatorship- past and present. The Belarus Democracy Act, which enjoys bipartisan support, is an important, concrete way to exhibit our support. I urge colleagues to support this measure and look forward to timely consideration of the Belarus Democracy Act.
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statement
Troubling Pre-Election Developments in Ukraine
Tuesday, January 20, 2004Mr. President, as Co-Chairman of the Helsinki Commission and the sponsor of the 2002 Senate-passed resolution urging the Ukrainian Government to ensure a democratic, transparent and fair election process in advance of their parliamentary elections, I find recent developments relating to upcoming presidential elections in Ukraine deeply troubling. Ten months before these critical elections, a constitutional amendment is making its way through the Ukrainian parliament designed to ensure that the current, corruption riddled powers-that-be retain their grip on power, neutralizing the leader of the biggest democratic fraction in parliament and Ukraine’s most popular politician, Victor Yushchenko. The amendment calls for abbreviating the presidential term for the October 2004 elections to two years, with the election of a president by the parliament in 2006, notwithstanding opinion polls indicating that the overwhelming majority of Ukrainians support preserving direct presidential elections. This amendment had been approved by Ukraine’s Constitutional Court in a decision which has led many observers both within and outside of Ukraine to question the independence of the Court. The Court’s decision a few weeks ago to allow President Kuchma to run for a third term - despite the 1996 constitution’s two-term limit, has only raised more questions. Media repression continues, including the issuance of directives sent to media by the Presidential Administration on what and how issues and events should be covered, especially in the electronic media. A recent Freedom House report concludes that "the current state of affairs of Ukraine’s media raises serious questions as to whether a fair and balanced electoral contest can be held." Newspapers critical of the authorities are subjected to various methods of repression, including attacks against journalists, arrests of publishers, "special attention" via tax inspections, administrative controls over distribution and pressure on advertisers. Mr. President, at the same time, administrative measures are being taken to prevent lawful political activity, the starkest example of which was the disruption - instigated by the authorities - of a national congress of the Yushchenko-led Our Ukraine bloc in Donetsk last November. Most recently, a presidential decree dismissed the elected Our Ukraine mayor of Mukachevo - despite a ruling by the Supreme Court which confirmed that he had been elected in a legitimate way. In a telling twist, an acting mayor from the political party led by the head of the Presidential Administration, Victor Medvedchuk, has been installed. As Co-Chairman of the Helsinki Commission, I share the concern of colleagues on both sides of the aisle that the presidential election in Ukraine scheduled for October be free, fair, open and transparent and conducted in a manner consistent with Ukraine’s freely-undertaken commitments as a member of the Organization for Security and Cooperation in Europe (OSCE). The Helsinki Commission, consistent with our mandate to monitor and encourage compliance with OSCE agreements by all participating States, will continue to follow the situation in Ukraine closely. Mr. President, I ask unanimous consent that the text of a recent Washington Post editorial on troubling pre-election developments in Ukraine be included in the Record. Thank you, Mr. President. There being no objection, the material was ordered to be printed in the Record, as follows: [From the Washington Post, Jan. 12, 2004] A Resolution for Ukraine According to Secretary of State Colin L. Powell, the Bush administration's first foreign policy resolution for 2004 is "to expand freedom." And not only in Iraq and the Middle East: In an op-ed article published in the New York Times, Mr. Powell promised to support "the consolidation of freedom in many new but often fragile democracies . . . in Latin America, Europe, Asia and Africa." We hope that support will extend beyond the rhetoric that too often has substituted for genuine democratic advocacy during President Bush's first three years, and that it will be applied even where the United States has interests that make toleration of autocracy tempting. One region where such U.S. engagement, or its absence, might prove decisive is the band of former Soviet republics to the west and south of Russia. Several are struggling democracies; others are ruled by autocrats. Almost all are under threat from Moscow's resurgent imperialism. As the tiny state of Georgia recently demonstrated, democracy is the best defense against Russian President Vladimir Putin's attempts to create a Kremlin-dominated sphere of influence. Countries that have held free and fair elections have tended to gravitate toward strengthening their independence and seeking good relations with the West, while unstable autocrats are more likely to yield to Mr. Putin. The country closest to a tipping point may be Ukraine. Like Russia, Ukraine has an electoral democracy tainted by corruption and strong-arm tactics and an economy warped by clans of oligarchs. Much of its population, however, aspires to integration with the West. President Leonid Kuchma has been linked to corruption and serious human rights violations. In recent months he has been moving steadily closer to Mr. Putin, allowing a Russian takeover of much of Ukraine's energy industry and signing an economic integration treaty. Now Mr. Kuchma appears to be looking for ways to curtail Ukraine's democracy so that he can prolong his own hold on power when his term expires this year. Last month his allies in Parliament pushed through the first draft of a constitutional amendment that would cut short the term of the president due to be elected in October and provide that future presidents be chosen by Parliament, where Mr. Kuchma's forces retain control. Then the judges he appointed to the Supreme Court ruled that the constitution's two-term limit does not prevent Mr. Kuchma from serving again. The president's cronies protest that they are only moving the country toward a more parliament-centered system, and Mr. Kuchma coyly says he has not "yet" decided to seek another term. But the effect of his moves would be to neutralize the country's most popular leader, Viktor Yushchenko, who, polls say, would win the next presidential election if it were fairly held. More than Mr. Kuchma's quest for continued power is at stake. Mr. Yushchenko is popular precisely because he is associated with those Ukrainians who seek to consolidate an independent democracy and move the country toward integration with Europe. Mr. Putin surely will be sympathetic to Mr. Kuchma's subversion of the system. The question is whether the Bush administration will work with Western Europe to mount an effective counter. Freedom could be consolidated this year in Ukraine or slip away. The outcome may just depend on how well Mr. Powell keeps his resolution.
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article
Helsinki Commission Reviews Work of Tribunal for War Crimes in the Former Yugoslavia
Thursday, December 11, 2003The Helsinki Commission held a briefing on the path to justice in southeastern Europe on October 7. Presenting his remarks at the briefing was Judge Theodor Meron, President of the International Criminal Tribunal for the former Yugoslavia (ICTY). Judge Meron began his remarks by underscoring the immensity of the task at hand. The vast scale of the crimes committed during the Yugoslav conflict, he said, "the murders, the rapes and deportations, the acts of torture, destruction and cruelty, would dwarf the capacity of any single court to bring more than a partial, a very partial reckoning." Nevertheless, he said, the tribunal struggles on, patiently and temperately disclosing the truth, giving the victims "a chance to see their sufferings recorded and at least in some small measure vindicated." Judge Meron asserted that the tribunal demonstrates the viciousness of those who built their power with hate-filled beliefs and sends a compelling message "that only through genuine reconciliation can all the peoples of the former Yugoslavia create thriving societies." Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) underscored the important role the tribunal plays. In his opening remarks, Chairman Smith explained that the court was a way of helping to break the climate of impunity and "ensuring that those responsible for heinous crimes would be held to account." Commissioner Cardin, likewise, described strong United States support for the court, saying that the United States Congressional Delegation to the OSCE Parliamentary Assembly has raised the war crimes issue at every annual meeting in the last decade. Cardin has sponsored numerous initiatives over the years aimed at bolstering support for the work of the ICTY. The United States took a leading role in the creation of the ICTY, and funds approximately one quarter of its annual budget. Given the significance placed on the ICTY and its mission, three issues were highlighted: the compliance by participating States with ICTY demands; the implications of the ICTY's completion strategy; and, the procedural methods of the court. All three participants insisted on compliance from states in turning over indictees and granting increased access to evidence and archives. Commissioner Cardin recalled that "there are still indictees who have not been turned over to The Hague. Some highly visible indictees, such as Mladic and Karadzic, we've now been talking about for too many years." Judge Meron contended that while states in the region have increased their cooperation, such cooperation still needs to be made more complete. Sixteen indicted individuals, he explained, are still at large, including Serb army chief Ratko Mladic, Serb leader Radovan Karadzic, as well as Ante Gotovina, one-time Commander of the Split Military District. Meron said that the international community needs to use what he regards as its considerable leverage with the countries of the region to convince them to arrest and deliver to The Hague the most senior people allegedly responsible for war crimes. Meron noted improvements from Serbia-Montenegro, stating that he is "encouraged by the emerging spirit of cooperation in Belgrade which has produced some significant results in the last year." But, he said, more needs to be done. Serbia, he argued, must arrest Mladic, whose whereabouts, it is believed, are known; improve access to archives; and end the bottleneck in meeting the demands presented by the ICTY prosecutor. Meron said the tribunal is also "expecting maximum cooperation...from Zagreb" and insisted that "there is no bias or preference of the target of our cooperation." Judge Meron, however, reserved particularly harsh words for Republika Srpska. That entity of Bosnia-Herzegovina, he said, "has not been cooperating at all.... There has been no compliance on their part, and much more international pressure is needed." With UN Security Council deadlines for completion approaching, Chairman Smith expressed his concern that key indictees would decide to simply wait out the tribunal's mandate. Judge Meron assured the Commission that the tribunal "will not move toward any closure before we have people like Mladic, Karadzic, and Ante Gotovina at The Hague." Smith expressed his full support for such a policy, stating that "to allow people like Mladic and Karadzic to escape justice by running out the clock would be a gross violation of human rights in and of itself." As part of the ICTY's completion strategy, Judge Meron said the court intended to transfer some low- to mid-level cases from the ICTY to competent courts in the region, in particular the special war crimes chamber within the newly reconstituted State Court of Bosnia-Herzegovina in Sarajevo. He expressed his appreciation to the international community for supporting this body and hoped that the United States and others would follow through on their promises for generous financial contributions. In addition to improving the legal capacity to try war criminals, Meron praised the Sarajevo court for the training it will provide to lawyers and judges in the area and "the message of democracy and the rule of law that will be triggered by such a court." Because of the fragility of the social system in Bosnia-Herzegovina, every bench of the Sarajevo court will have two international judges and only one local judge. He expressed his desire that, over time, the social environment will change to allow the composition to be reversed to give more significant representation to local judges. When asked whether cases could be transferred to war crimes chambers and courts elsewhere in the region other than the Sarajevo court, Judge Meron said he did not believe it feasible at the moment. At the same time, he argued, "War crimes trials have the greatest resonance when they take place very close to the theater of crime, the place where the crimes have been committed, where the victims or their families still live." He said, therefore, that it was his hope to have "more and more trials conducted in the area." Given the approaching of Security Council deadlines, Judge Meron also discussed some procedural changes the ICTY has adopted in its completion strategy. He described several internal initiatives made by the court attempting to improve efficiency. The tribunal has reformed its procedures for interlocutor appeals to reduce the number of interruptions in the trial and has restricted prosecutorial evidence that judges deem duplicative or unnecessary. Its ability to finish working in a timely fashion, he said, also depends on the choices the prosecutor makes on future indictments. In response to a question from the audience, Judge Meron commented about the tribunal's sentencing procedures. The tribunal has at times been accused of meting out sentences that are not commensurate with the gravity of the crime committed. Others have accused the tribunal of passing sentences for some defendants that were much greater than sentences for others convicted of similar crimes. Without sentencing guidelines from the Security Council, Judge Meron said, the tribunal has had to create its own common law. He stated though that he had "no reason to believe that as a general proposition our sentencing has not been within the parameters of what I would consider to be just and reasonable." Nevertheless, Judge Meron said, he has formed a working group of several judges to address the sentencing issue because he believes there is no aspect of the tribunal's activities that cannot be improved further. The tribunal, according to Judge Meron, represents an enormous experiment in international cooperation. Starting almost from scratch, the ICTY had to create its own rules of procedure and evidence. This effort, the judge claimed, will have an impact even beyond the specific crimes considered. He concluded, "The sort of judgments that we will leave behind from very detailed problems of definitions of international crimes, on the interpretation of the evidence, on the conflicts of evidence, on how to reconcile the notions of common law and civil law, will prove to be, I think, a very important legacy to us all." This briefing was the latest in a series of United States Helsinki Commission events and other activities this year intended to promote justice in southeastern Europe through improved cooperation with the ICTY. 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
Frank Assessment Presented on State of Rights in Russia
Wednesday, December 03, 2003By John Finerty CSCE Staff Advisor The United States Helsinki Commission held a staff-level briefing on November 13, 2003 with Tanya Lokshina, Executive Director of the Moscow Helsinki Group, to discuss the status of human rights and democratic development in the Russian Federation. Ms. Lokshina was accompanied by Maureen Greenwood, Advocacy Director for Europe, the Middle East and North Africa at Amnesty International USA and Dr. Sarah E. Mendelson, Senior Fellow, Russia and Eurasia Program, Center for Strategic and International Studies. Ms. Lokshina opened the meeting by noting the human rights community in Russia is greatly concerned about the arrest of former YUKOS chief executive Mikhail Khodorkovsky, reportedly Russia's richest man arrested on tax evasion and fraud charges after contributing money to political opposition parties. The case, she said, proves beyond doubt that the Russian state is out to get any independent voice. Khodorkovsky is different from other politicians, she stated. While his fortune may have had questionable origins ("fraud and tax evasion are prevalent everywhere") Khodorkovsky's current corporate policy of transparency is not useful to a corrupt government bureaucracy. He also supported opposition forces in the Duma, ranging from free-market, pro-reform parties to the Communists. "The action against Yukos sent a clear signal to other investors," Lokshina continued. "Do not be independent. Do not support transparent dealings with parties or civil society initiatives.... Now the rest of the business community is terrified to follow suit." Regarding freedom of the media, Lokshina said there is no level of media not controlled by the state. Even non-state television channels are controlled by managers who are themselves controlled by the state. There is also little independent print media in Russia. Ms. Lokshina, who had been in Grozny for the Chechen presidential elections, called the exercise a combination of comedy and tragedy. In the face of overwhelming indifference of the population and empty voting stations, the official statistics were not to be believed, she maintained. On election day, Lokshina had not seen any voters except in special places arranged for foreign journalists. She also saw precinct protocols where 100% of the eligible voters had supposedly cast 100% of their ballots in favor of incumbent President Kadyrov - a virtual impossibility, given an inevitable percentage of disqualified (i.e., defaced or incorrectly filled out) ballots. To be sure, any serious competition for Kadyrov had been eased off the ballot long before election day. Ms. Lokshina also saw the recent gubernatorial elections in St. Petersburg--with the heavy-handed use of "administrative resources" by the pro-Putin apparat playing a major role--as a harbinger of future elections throughout Russia. Parliamentary elections are scheduled to be held on December 7, with presidential elections expected in March 2004. The three experts agreed that the recent Constitutional Court decision annulling the restrictive law on election coverage of candidates and election "propaganda" was a positive, albeit tardy, step. Ms. Lokshina said one of the worst problems is the arbitrary law enforcement, and that "Everything that happens in Chechnya also happens in the rest of Russia. It is merely magnified in Chechnya." Personnel from police forces all over Russia serve time in Chechnya, and they bring back to their home towns the arbitrariness and impunity learned there. For example, the individuals who arrested Khodorkovsky stormed in wearing security service uniforms. It was later learned they were not security service employees, but ordinary police. Similarly, the recent sweep of the Open Society Institute premises in Moscow was reminiscent of security sweeps in Chechnya. Sarah Mendelson of CSIS pointed out that aside from political parties, the Federal Security Service (FSB) is the least supported institution among the populace. Ms. Lokshina stressed that Russian human rights organizations need support from the West. In many ways, it feels like Russia is going back to Soviet realities. The difference, though, is that instead of being treated like an enemy, Russia, despite abuses, is now being treated like a civilized state, which, she says, is dangerous. When President Bush calls President Putin his friend, she said, it sends a clear message that the United States supports what is happening in Russia. America used to critique what is happening in Chechnya, for example. Russia, Lokshina contends, is becoming a threat to its own citizens and the world community at large. Uncritical Western support is counter to its own interests, she remarked. Asked about reports of widespread public apathy in Russia, Dr. Mendelson said there is certainly a great deal of apathy, but there is a certain line over which the state cannot go. Ms. Lokshina added that some of the apathy has to do with lack of knowledge and heavy media control. For instance, it is frequently reported that Russians are not opposed to some level of censorship. In reality, though, this does not mean they do not want to know what is going on in Chechnya. What they want is to get rid of scams and con games ("chernukha"), i.e. "citizens would rather the government had control of the media than Boris Berezovsky." Ms. Greenwood raised the issue of the situation of the Meshketian Turks living in tenuous circumstances in southern Russia. She appreciated U.S. initiatives on the subject but urged more follow-through regarding the possibility of granting refugee status to Meskhetian Turks desirous of emigrating. Greenwood also noted that not only have Meskhetian Turks experienced discrimination and harassment in southern Russia, but NGOs working on their behalf are now under pressure from local authorities. Ms. Greenwood asked that the United States maintain the pressure to prevent Russia from forcing internally displaced persons (IDPs) back into Chechnya. She said international pressure had succeeded in stopping Russia from overtly closing the remaining camps, but there remains subtle, psychological coercion. In response to an inquiry about the state of freedom of thought within the academic community, Mendelson related several instances of FSB harassment of academics. "In Moscow," she commented, "it simply feels like there is less oxygen. You cannot breathe." Ms. Lokshina contends that the situation in the provinces is even worse. Asked about specific policy recommendations, Lokshina favored a strong statement from the United States against the anti-democratic trends and continued U.S. assistance programs for civil society and human rights in Russia. Mendelson added that the United States has made a strategic investment in Russian democracy and civil society, but this investment is under funded and it is too early to "graduate" Russia from such programs. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission Intern Jason Ekk contributed to this article.
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article
Further Assault Against Activists in Belarus
Tuesday, November 25, 2003By Orest Deychakiwsky CSCE Staff Advisor and Ronald McNamara CSCE Deputy Chief of Staff United States Helsinki Commission staff met with a wide variety of opposition party members, non-governmental organization representatives and independent media journalists during an October 11-15 visit to the west Belarusian city of Hrodna and the capital city, Minsk. While the repressive apparat of Belarusian strongman Alexander Lukashenka has mounted a full-fledged assault on civil society over the last few months, pro-democracy forces remain committed to the creation of an independent, sovereign and democratic Belarus. In meetings with representatives from civil society throughout the visit, discussions inevitably turned to the Belarus Democracy Act of 2003, introduced earlier this year by United States Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Co-Chairman Senator Ben Nighthorse Campbell (R-CO). The Belarus Democracy Act would authorize increased assistance for democracy-building activities such as support for non-governmental organizations, independent media--including radio broadcasting to Belarus, and international exchanges. In a clear effort to consolidate his firm hold on power, Lukashenka has further tightened his grip on independent elements of Belarusian society, using the full force of the state to repress dissent. This comports with his new "state ideology” which has as its aim to further his rule by eliminating any vestige of pluralism in Belarus. Non-governmental organizations have been "de-legalized," or threatened with closure, often on petty pretexts. Increasingly, spouses and relatives of activists are being used as pawns with threats of dismissal or other forms of retribution. The media are especially facing pressure, with the electronic media under the control of the authorities and the independent media increasingly subject to systematic reprisals. Dozens of independent publications have been closed or threatened with closure. State printing houses have refused to print even previously registered editions and the state's distribution system refuses to circulate independent media material. Even Russian television is getting pushed out. A proposed new media law threatens to further erode freedom of media. Independent trade unions are becoming further circumscribed. The Government of Belarus has made no substantive progress in meeting the criteria for democratization established more than three years ago by the Organization for Security and Cooperation in Europe: End repression and the climate of fear; Permit a functioning, independent media; Ensure transparency of the election process; and Strengthen the functioning of the parliament. No progress has been made to investigate the cases of four opposition figures who disappeared in 1999-2000. The four are presumed dead. Attempts by Belarusian democrats and the international community to engage in a dialogue with the powers-that-be on amending the electoral code have thus far been unsuccessful. Belarusian authorities refuse to cooperate with the OSCE, even within the framework of its limited mandate. In both Hrodna and Minsk, Commission staff met with a wide gamut of representatives from leading non-governmental organizations, independent media, national and local leaders of democratic opposition political parties, wives of the disappeared, leaders of independent trade unions, dissident members of the National Assembly, various religious leaders, and human rights and cultural organizations. On the official Belarusian side, Commission staff met with the Governor of Hrodna and officials from the Ministry of Foreign Affairs, raising a wide range of concerns with respect to Belarus' refusal to implement its OSCE commitments, including those pertaining to the deepening assault on civil society. In Hrodna, the issues surrounding Jewish cemeteries were raised with the Governor Vladimir Savchenko. On the U.S. side, staff held constructive meetings with newly installed Ambassador George Kroll, Embassy staff and officials of the United States Agency for International Development. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.
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statement
Business Climate in Ukraine
Thursday, November 20, 2003Mr. President, as Co-Chairman of the Commission on Security and Cooperation in Europe, I have closely followed developments in Ukraine including aspects of the human, security and economic dimensions. My desire is that Ukraine consolidates its independence by strengthening democratic institutions, including the judiciary, and undertaking reforms to improve the business climate essential to attracting much-needed foreign investment. Twelve years after independence, the people of Ukraine deserve to enjoy the fruits of freedom and prosperity, but obstacles remain. Bringing Ukraine more fully into Europe is both essential to the country's long-term economic success and important for European security. Accelerating Ukraine's movement toward Europe is timely and needed. While high-ranking Ukrainian officials pay lip service to such integration, the jury is still out as to whether they are prepared to take the bold steps that will be required to advance such integration. An important barometer for the future will be the extent to which the country's moves to confront the corruption and crime that retard the process of democratization and economic liberalization and erode Ukraine's security and independence. While those at the top say the right things, there is justified skepticism as to their sincerity. This is certainly the case concerning Ukraine's current President, Leonid Kuchma. The controversies surrounding Kuchma undercut his credibility with respect to the issue of combating corruption. Nevertheless, this should not detract from the urgency of tackling corruption in the lead up to the presidential elections to select Kuchma's successor in 2004. Meanwhile, those serious about rooting out corruption and corrupt officials should take a hard look at the handling, or more accurately, the mishandling, of Ukrainian and foreign owned businesses. For example, United States-owned businesses have been victimized through expropriations, asset thefts, extortion and the like perpetrated or abetted by corrupt officials and courts in Ukraine. While new cases continue to occur, longstanding cases remain unresolved with investors unable to obtain the relief to which they are entitled under Ukrainian and international law. Although the State Department has made repeated representations about these cases at senior levels of the Kuchma administration, Kyiv rebuffed repeated requests to resolve them in accordance with the law. At the same time it refuses to punish the perpetrators of the criminal acts or take corrective measures to prevent similar cases from arising. If the victims are to ever achieve a measure of justice, it is essential that U.S. officials raise these cases at every appropriate opportunity. In one especially egregious and illustrative case, well-connected individuals in Ukraine were able to orchestrate the seizure of all the assets of a successful pharmaceutical joint venture which was half owned by United States investors. When, 6 years after the theft the Ukrainian appeals courts finally dismissed the spurious claims to the assets on grounds that they were based entirely on forged and falsely fabricated documents, senior Ukrainian officials launched into action. Within weeks of these judicial decisions, the Ukrainian President reportedly convened a meeting of senior officials, including the cognizant senior judges and his own senior law enforcement and national security cabinet level officers, at which he made clear that he did not want the stolen assets restored to their rightful American owners. The courts quickly complied, without explanation, and in disregard of the copious evidence before them, the judges reversed the decisions taken just two months earlier and held in favor of the claimants. Several months later longstanding criminal charges against the same individuals were dropped. The circumstances surrounding this case and others involving United States investors are indicative of the far reaching scope of corruption and the rule of law deficit in Ukraine today. While the matter was repeatedly raised by the State Department several years ago, I am concerned that the Ukrainian side might assume that the matter is a closed case. I urge officials at the Departments of State and Commerce to disabuse Ukrainian Government officials of such an impression. If the Kuchma administration is serious about rooting out corruption and advancing democracy and the rule of law, these cases provide a good starting point. Only time will tell if they are up to the challenge.
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statement
80th Anniversary of the Turkish Republic
Thursday, October 30, 2003Mr. Speaker, this week the Turkish Republic, an original participating State of the Organization for Security and Cooperation in Europe, will mark its 80th anniversary. The Turkish Government, led by Prime Minister Recep Tayyip Erdogan, is working hard toward membership in the European Union. The accession of Turkey to the Union would recognize the important reforms that have already been adopted and accelerate the reform process. The various constitutional reform packages in recent years have addressed, or begun to address, many longstanding human rights concerns. As Chairman of the Helsinki Commission I am pleased to note that much needed change is beginning to take place. For example, the crucial issue of torture is finally receiving the attention necessary to prevent such abuse and address the legacy of this endemic scourge. Perpetrators of torture are facing punishment by a new generation of state prosecutors. For the first time, police who have committed acts of torture are being brought to justice. However the ongoing use of torture in southeast Turkey in the guise of anti-terrorism is an outrage that Turkey must bring to a halt. It is not enough to pass these reforms or to hold a few show trials. No, all transgressors must be arrested and tried. There must be a zero tolerance policy in place on torture. Other issues of concern have also benefited from the reform package process. For example, religious communities with "foundation'' status may now acquire real property, as well as construct new churches and mosques and other structures for religious use. However, there is a considerable gap between the law and its application. Also, while the problem of allowing the return of internally displaced persons who fled the internal conflict with the PKK terrorist organization remains. Renewed efforts to address this problem are promising, such as inviting the UN Rapporteur on IDPs to visit and the possibility that Turkey may host an international conference on internally displaced persons. While Turkey still has a long way to go to successfully eradicate human trafficking in its borders, the government has taken some positive steps. While I am pleased Turkey has expanded its cooperation with source countries to improve its victim protection efforts, I want to encourage continued improvement to wipe out this modern day slavery. Unfortunately, Mr. Speaker, other serious concerns remain. While Turkey works to bring its laws and regulations into conformity with the Copenhagen criteria for EU accession and works toward fulfilling human rights commitments as an OSCE participating State, actions taken by police and other government authorities raise doubts as to the sincerity of these reforms. The imprisonment this month of Nurcihan and Nurulhak Saatcioglu for attending demonstrations four years ago protesting the prohibition against head scarves in public institutions, is deeply troubling. The fact that the government denies women who choose this religious expression the ability to attend state-run universities and work in public buildings, including schools and hospitals, is counterproductive and an encroachment of their right to freedom of expression. Similarly, authorities severely curb the public sharing of religious belief by either Muslims or Christians with the intent to persuade the listener to another point of view. These limitations on religious clothing and speech stifle freedom of religion and expression and are contrary to Turkey's OSCE commitments. At a fundamental level, the inability of religious groups to maintain property holdings is problematic, as the Office of Foundations has closed and seized properties of non-Muslim religious groups for contrived and spurious reasons. Groups most affected by this policy are the Syrian Orthodox, Armenian Apostolic and Greek Orthodox churches, which have also experienced problems when seeking to repair and maintain existing buildings or purchase new ones. I hope the application of the aforementioned reforms will rectify this problem. The most notable property issue concerns the continued closure of the Orthodox Theological School of Halki on the island of Heybeli in the Sea of Marmara. Considering the reportedly promising conversations between the church and government, I urge Turkey to return full control to the Ecumenical Patriarchate and allow religious training to resume, in keeping with relevant OSCE commitments. Furthermore, religious groups not envisioned by the Lausanne Treaty have no legal route for purchasing property and building facilities, since the new legal provisions affect only communities with the official status of a "foundation.'' As no process exists for these other groups to obtain foundation status, they are forced to meet in private apartments. This lack of official status has real consequences, since provincial governorships and the Ministry of Interior have initiated efforts to close these meeting places, leaving the smaller Protestant groups and Jehovah's Witnesses without any options. Churches and their leaders in Diyarbakir, Mersin, Iskenderun and other towns all face troubling government prosecutions and threats of closure. I urge Turkey to create a transparent and straightforward process to grant religious groups so desiring official recognition, so that they too can enjoy the right to establish and freely maintain accessible places of worship of assembly. The continued incarceration of four Kurdish former parliamentarians: Leyla Zana, Hatip Dicle, Orhan Dogan and Selim Sadak is particularly disturbing. Convicted in 1994, they have won their appeal to the European Court of Human Rights and were granted a retrial under recent Government of Turkey legal reforms. The retrial began March 28, and at each of the eight sessions, most recently October 17, the court has refused to release the defendants. Their continued imprisonment is an outrage. Mr. Speaker, on the 80th anniversary of the Turkish Republic, the initial legal reforms put in place by the government display Turkey's--or at least the legislators in Ankara's--apparent willingness to address much needed reforms in human rights practices. But actions speak louder than words. We need to see implementation of these reforms seriously carried out before we can rest assured that Turkey has met minimal OSCE human rights commitments. As Turkey strives to enter the European Union, I applaud the efforts that have been made to date and urge Ankara to intensify the reform process.
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briefing
OSCE Police-Related Activities
Monday, October 27, 2003This briefing, which CSCE Senior Advisor Elizabeth B. Pryor moderated, specifically focused on efforts to provide national police forces in multiple southeastern European countries with adequate and proper training and resources for the purpose of combating criminal activity. The countries in question (i.e. Armenia, Azerbaijan, Bosnia, Georgia, Kyrgyzstan, and Tajikistan) have needed particularly effective and professional law enforcement agencies. Since the 1990s, the OSCE has helped to monitor and train police officers, with notable success in Kosovo, southern Serbia, and elsewhere in Southeastern Europe. At the time of the briefing, the focus had been shifted to countries in Central Asia and the Caucasus region, headed by Richard Monk, the witness in this briefing, who had been the OSCE Police Adviser since February of 2002.
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statement
Expressing Sense of House Regarding Man-made Famine that Occurred in Ukraine in 1932-1933
Monday, October 20, 2003Mr. Speaker, I am proud to be an original cosponsor of H. Res. 356. I thank and commend Mr. HYDE for introducing this resolution commemorating and honoring the memory of victims of an abominable act perpetrated against the people of Ukraine in 1932-33. Seventy years ago, millions of men, women and children were murdered by starvation so that one man, Soviet dictator Joseph Stalin, could consolidate control over Ukraine. The Ukrainian people resisted the Soviet policy of forced collectivization. The innocent died a horrific death at the hands of a tyrannical dictatorship which had crushed their freedom. In an attempt to break the spirit of an independent-minded Ukrainian peasantry, and ultimately to secure collectivization, Stalin ordered the expropriation of all foodstuffs in the hands of the rural population. The grain was shipped to other areas of the Soviet Union or sold on the international market. Peasants who refused to turn over grain to the state were deported or executed. Without food or grain, mass starvation ensued. This manmade famine was the consequence of deliberate policies which aimed to destroy the political, cultural and human rights of the Ukrainian people. In short, food was used as a weapon in what can only be described as an organized act of terrorism designed to suppress a people's love of their land and the basic liberty to live as they choose. Mr. Speaker, I recall back in the 1980s seeing the unforgettable movie, Harvest of Despair, which depicted the horrors of the Famine, as well as the fine work of the congressionally-created Ukraine Famine Commission, which issued its seminal report in 1988. Their work helped expose the truth about this horrific event. I am pleased that the resolution notes that there were those in the West, including The New York Times correspondent Walter Duranty, who knowingly and deliberately falsified their reports to cover up the Famine because they wanted to curry favor with one of the most evil regimes in the history of mankind. The fact that this denial of the Famine took place then, and even much later by many scholars in the West is a shameful chapter in our own history. Mr. Speaker, this is an important resolution which will help give recognition to one of the most horrific events in the last century in the hopes that mass-murders of this kind truly become unthinkable. H. Res. 356 Whereas 2003 marks the 70th anniversary of the height of the famine in Ukraine that was deliberately initiated and enforced by the Soviet regime through the seizure of grain and the blockade of food shipments into the affected areas, as well as by forcibly preventing the starving population from leaving the region, for the purposes of eliminating resistance to the forced collectivization of agriculture and destroying Ukraine's national identity; Whereas this man-made famine resulted in the deaths of at least 5,000,000 men, women, and children in Ukraine and an estimated 1-2 million people in other regions; Whereas the famine took place in the most productive agricultural area of the former Soviet Union while foodstocks throughout the country remained sufficient to prevent the famine and while the Soviet regime continued to export large quantities of grain; Whereas many Western observers with first-hand knowledge of the famine, including The New York Times correspondent Walter Duranty, who was awarded a Pulitzer Prize in 1932 for his reporting from the Soviet Union, knowingly and deliberately falsified their reports to cover up and refute evidence of the famine in order to suppress criticism of the Soviet regime; Whereas Western observers and scholars who reported accurately on the existence of the famine were subjected to disparagement and criticism in the West for their reporting of the famine; Whereas the Soviet regime and many scholars in the West continued to deny the existence of the famine until the collapse of the Soviet regime in 1991 resulted in many of its archives being made accessible, thereby making possible the documentation of the premeditated nature of the famine and its harsh enforcement; Whereas the final report of the United States Government's Commission on the Ukraine Famine, established on December 13, 1985, concluded that the victims were "starved to death in a man-made famine'' and that "Joseph Stalin and those around him committed genocide against Ukrainians in 1932-1933''; and Whereas, although the Ukraine famine was one of the greatest losses of human life in the 20th century, it remains insufficiently known in the United States and in the world: Now, therefore, be it Resolved, That it is the sense of the House of Representatives that-- (1) the millions of victims of the man-made famine that occurred in Ukraine in 1932-1933 should be solemnly remembered and honored in the 70th year marking the height of the famine; (2) this man-made famine was designed and implemented by the Soviet regime as a deliberate act of terror and mass murder against the Ukrainian people; (3) the decision of the Government of Ukraine and the Verkhovna Rada (the Ukrainian parliament) to give official recognition to the famine and its victims, as well as their efforts to secure greater international awareness and understanding of the famine, should be supported; and (4) the official recognition of the famine by the Government of Ukraine and the Verkhovna Rada represents a significant step in the reestablishment of Ukraine's national identity, the elimination of the legacy of the Soviet dictatorship, and the advancement of efforts to establish a democratic and free Ukraine that is fully integrated into the Western community of nations.
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briefing
The Path to Justice in Southeastern Europe
Tuesday, October 07, 2003This briefing examined the status of current and future efforts to bring justice to southeastern Europe after a decade of conflict dominated by war crimes, crimes against humanity and genocide. The international responses to the atrocities committed in Yugoslavia during the 1990s, including the establishment of the International Criminal Tribunal for the former Yugoslavia, were addressed. Theodor Meron, President of the Tribunal since March 2003, discussed the ongoing efforts of ICTY and the possibility of completing all trials by 2008 and appeals by 2010. He also addressed the advantages of transferring some cases for trial in national courts in the region and the challenges these courts would face in meeting international standards, including witness protection, fostering inter-state cooperation and garnering unbiased, independent judges.
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statement
Murder of Ukrainian Heorhiy Gongadze Still Unsolved After 3 Years
Tuesday, September 16, 2003Mr. Speaker, the murder of Ukrainian investigative journalist Heorhiy Gongadze remains unsolved--three years after he was murdered. On September 16, 2000, Gongadze, editor of "Ukrainska Pravda," an Internet news publication critical of high-level corruption in Ukraine, disappeared. Ukrainian President Kuchma and a number of high-ranking officials have been implicated in his disappearance and the circumstances leading to his murder. Audio recordings exist that contain conversations between Kuchma and other senior government officials discussing the desirability of Gongadze's elimination. Over the last three years, the Ukrainian authorities' handling, or more accurately, mishandling of this case has been characterized by obfuscation and stonewalling. Last month, a prime suspect in the case, former senior militiaman Ihor Honcharov, who allegedly headed a gang of ex-police accused of several kidnappings and murders, died in police custody under mysterious circumstances. His posthumous letters--which give a detailed account of events surrounding Gongadze's death and which name names--are now being investigated by the Prosecutor General's office. A few days ago, Prosecutor General Svyatoslav Piskun indicated that some facts in the letters have proved to be true. Reportedly, warrants have been issued for two suspects in the killing. Mr. Speaker, a credible investigation of this case by Ukrainian authorities is long overdue. At the same time, it is important to stress that not only those who committed the actual crime, but those who ordered it--no matter who they may be--need to be brought to justice. Unfortunately, the Gongadze case is not an isolated one. The murder, and deaths in suspicious car accidents, of journalists and opposition figures, have become commonplace. Earlier this year, Ukraine's Ombudsman Nina Karpachova asserted that journalism remains among the most dangerous professions in Ukraine, with 36 media employees having been killed over the past ten years, and many more have been beaten, including several within the last few months. This past July, Volodymyr Yefremov, a journalist critical of president Kuchma who worked with the press freedom group Institute of Mass Information (11/41), died in a suspect car accident. Just two weeks ago, Ivan Havdyda, who was head of the Ternopil region branch of the democratic opposition "Our Ukraine," was found murdered in Kyiv under questionable circumstances. Over the last three years, the Helsinki Commission, Members of the House and Senate, Department of State, the OSCE, the Council of Europe and other international institutions repeatedly have raised the Gongadze murder case and urged the Ukrainian authorities to undertake a serious investigation into the this case. The response from Ukrainian officials has done nothing but cast doubt about the Ukrainian Government's commitment to the rule of law. Last year--just to cite one example--Ukrainian authorities blocked FBI experts from examining evidence gathered during the initial investigation, even after promising to accept U.S. technical assistance in the matter. I also hope that the Ukrainian parliament will take determined action in encouraging governmental accountability for solving the Gongadze and other murders, and bringing those involved to justice. The lack of a resolution of the Gongadze and other cases of those who have perished under suspicious circumstances has tarnished the credibility of the Ukrainian authorities in dealing with fundamental human rights. Mr. Speaker, as Chairman of the Helsinki Commission and in the strongest possible terms, I once again urge Ukrainian authorities to take seriously the many enduring concerns regarding the circumstances that led to Heorhiy Gongadze's murder and the subsequent investigation.
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hearing
Property Restitution and Compensation in Post-Communist Europe: A Status Update
Wednesday, September 10, 2003This briefing was the fourth hearing held by the Helsinki Commission held on restitution and compensation for property seized during the Second World War and in Communist-era Central and Eastern Europe. The goal of the briefing was to discuss developments since the CSCE’s July 2002 hearing relating to the return of wrongfully confiscated properties in the region.
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briefing
Briefing: Property Restitution and Compensation in Post-Communist Europe: a Status Update
Wednesday, September 10, 2003A central element of Nazi and communist persecution in Central and Eastern Europe was the uncompensated confiscation of real and personal property from individuals and religious communities. The end of communist tyranny after 1990 sparked hope that governments in the region would redress the wrongful seizures of private and communal property, such as churches, synagogues, schools and hospitals. The Helsinki Commission held three prior hearings on the issue of restitution and compensation for property seized during World War II and the communist-era in Central and Eastern Europe. This briefing surveyed developments since the Commission's July 2002 hearing relating to the return of wrongfully confiscated properties in the region. Particular attention was given to the progress, or lack thereof, in the Czech Republic, Poland, and Romania in removing the bureaucratic and legal obstacles faced by individuals--including U.S. citizen claimants--and religious communities seeking restitution of communal property, family homes, and/or land.
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briefing
Property Restitution and Compensation in Post-Communist Europe: A Status Update
Wednesday, September 10, 2003The importance of this briefing, which then ranking member of the Commission Senator Benjamin L. Cardin presided over, was underscored by the fact that a central element of Nazi and communist persecution in Central and Eastern Europe was the uncompensated confiscation of real and personal property from individual and religious communities. Communism’s demise in 1990 sparked hope that regional governments would redress wrongful seizures of private and communal property. This briefing was the fourth hearing that the Helsinki Commission held whose focus was on the issue of restitution and compensation for property seized during the Second World War and in Communist era Central and Eastern Europe. A goal of the briefing, then, was to survey developments since the CSCE’s July 2002 hearing relating to the return of wrongfully confiscated properties in the region.
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article
Mayor Giuliani, Chairman Smith Lead U.S. Delegation to OSCE Conference on Anti-Semitism
Tuesday, August 19, 2003By H. Knox Thames CSCE Counsel The Organization for Security and Cooperation in Europe (OSCE) held an historic international conference in Vienna, Austria on June 19-20 to discuss anti-Semitism within the 55 participating States. While the OSCE states have addressed anti-Semitism in the past, the Vienna Conference represented the first OSCE event specifically devoted to anti-Semitism. Former New York City Mayor Rudolph W. Giuliani and United States Helsinki Commission Chairman Rep. Christopher H. Smith (N-04J) led the United States delegation. Commissioner Rep. Alcee L. Hastings (D-FL), who currently serves as a Vice President of the OSCE Parliamentary Assembly, was also part of the U.S. delegation. Public members of the delegation were: Rabbi Andrew Baker, American Jewish Committee; Abraham Foxman, Anti-Defamation League; Cheryl Halpern, National Republican Jewish Coalition; Malcolm Hoenlein, Conference of Presidents of Major American Jewish Organizations; Mark Levin, NCSJ; and, Daniel Mariaschin, B’nai B’rith. U.S. Ambassador to the OSCE, Stephan M. Minikes, and the U.S. Special Envoy for Holocaust Issues, Ambassador Randolph Bell, also participated. The personal representative of the Dutch OSCE Chair-in-Office, Ambassador Daan Everts, opened the meeting expressing dismay that in the year 2003 it was necessary to hold such a conference, but "we would be amiss not to recognize that indeed the necessity still exists." Bulgarian Foreign Minister Solomon Passy declared "anti-Semitism is not a part of [Europe’s] future. This is why this Conference is so important, and I believe it will have a strong follow-up." Former Polish Foreign Minister Wladyslaw Bartoszewski, a Holocaust survivor, cited free societies as an essential element in combating anti-Semitism. The European Union statement, given by Greece, noted that anti-Semitism and racism are "interrelated phenomena," but also stated "anti-Semitism is a painful part of our history and for that requires certain specific approaches." Mayor Giuliani began his remarks to the opening plenary with a letter from President Bush to conference participants. Citing his visit to the Nazi death camp at Auschwitz, the President recalled the "inhumanity and brutality that befell Europe only six decades ago" and stressed that "every nation has a responsibility to confront and denounce anti-Semitism and the violence it causes. Governments have an obligation to ensure that anti-Semitism is excluded from school textbooks, official statements, official television programming, and official publications." Many OSCE participating States assembled special delegations for the conference. The German delegation included Gert Weisskirchen, member of the German parliament and a Vice President of the OSCE Parliamentary Assembly, and Claudia Roth, Federal Government Commissioner for Human Rights, Policy and Humanitarian Aid. The Germans called for energetic actions by all the participating States to deal with anti-Semitism and stressed the need for appropriate laws, vigorous law enforcement and enhanced educational efforts to promote tolerance. Mr. Weisskirchen stressed that anti-Semitism was a very special form of bigotry that had haunted European history for generations and therefore demanded specific responses. In this spirit, Germany offered to host a follow-up OSCE conference in June 2004 focusing exclusively on combating anti-Semitism that would assess the progress of initiatives emerging from the Vienna Conference. The French delegation was led by Michel Voisin of the National Assembly, and included the President of the Consistoire Central Israelite de France, Jean Kahn, and representatives from the Ministry of Justice and the Office of Youth Affairs, National Education and Research. The French acknowledged with great regret the marked increase in anti-Semitic incidents that have occurred in France during the past two years. In response, France had passed new laws substantially increasing penalties for violent "hate crimes," stepped up law enforcement and was in the process of revising school curricula. The work of the conference was organized under several focused sessions: "Legislative, Institutional Mechanisms and Governmental Action, including Law Enforcement"; "Role of Governments in Civil Society in Promoting Tolerance"; "Education"; and, "Information and Awareness-Raising: the Role of the Media in Conveying and Countering Prejudice." Mayor Giuliani noted the fact that the conference was being held in the same building where Hitler announced the annexation of Austria in 1938. "It’s hard to believe that we’re discussing this topic so many years later and after so many lessons of history have not been learned; and I am very hopeful that rather than just discussing anti-Semitism, we are actually going to do something about it, and take action." Giuliani, drawing on his law enforcement background and municipal leadership, enumerated eight steps to fight anti-Semitism: 1) compile hate crime statistics in a uniform fashion; 2) encourage all participating States to pass hate crime legislation; 3) establish regular meetings to analyze the data and an annual meeting to examine the implementation of measures to combat anti-Semitism; 4) set up educational programs in all the participating States about anti-Semitism; 5) discipline political debate so that disagreements over Israel and Palestine do not slip into a demonizing attack on the Jewish people; 6) refute hate-filled lies at an early stage; 7) remember the Holocaust accurately and resist any revisionist attempt to downplay its significance; and 8) set up groups to respond to anti-Semitic acts that include members of Islamic communities and other communities. Commissioner Hastings identified a "three-fold role" governments can play in "combating anti-Semitic bigotry, as well as in nurturing tolerance." First, elected leaders must "forthrightly denounce acts of anti-Semitism, so as to avoid the perception of silent support." He identified law enforcement as the second crucial factor in fighting intolerance. Finally, Hastings noted that while "public denunciations and spirited law enforcement" are essential components to any strategy to combat anti-Semitism, they "must work in tandem with education." He concluded, "if we are to see the growth of tolerance in our societies, all governments should promote the creation of educational efforts to counter anti-Semitic stereotypes and attitudes among younger people and to increase Holocaust awareness programs." Commission Chairman Christopher H. Smith, who served as Vice Chair of the U.S. delegation to the Vienna Conference, highlighted how a "comprehensive statistical database for tracking and comparing the frequency of incidents in the OSCE region does not exist, [and] the fragmentary information we do have is indicative of the serious challenge we have." In addition to denouncing anti-Semitic acts, "we must educate a new generation about the perils of anti-Semitism and racism so that the terrible experiences of the 20th century are not repeated," said Smith. "This is clearly a major task that requires a substantial and sustained commitment. The resources of institutions with special expertise such as the U.S. Holocaust Memorial Museum must be fully utilized." In his closing statement Giuliani stressed that anti-Semitism "has its own history, it has a pernicious and distinct history from many prejudicial forms of bias that we deal with, and therefore singular focus on that problem and reversing it can be a way in which both Europe and America can really enter the modern world." He enthusiastically welcomed the offer by the German delegation to hold a follow-up conference on anti-Semitism, in Berlin in June 2004. Upon their return to Washington, Giuliani and Smith briefed Secretary Powell on the efforts of the U.S. delegation in Vienna and the importance of building upon the work of the Conference at the parliamentary and governmental levels. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.
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statement
S. Res. 202, Expressing the Sense of the Senate Regarding the Genocidal Ukraine Famine of 1932-33
Friday, July 11, 2003Mr. Campbell submitted the following resolution; which was referred to the Committee on Foreign Relations: S. RES. 202 Whereas 2003 marks the 70th anniversary of the Ukraine Famine, a manmade disaster that resulted in the deaths of millions of innocent Ukrainian men, women, and children and annihilated an estimated 25 percent of the rural population of that country; Whereas it has been documented that large numbers of inhabitants of Ukraine and the then largely ethnically Ukrainian North Caucasus Territory starved to death in the famine of 1932-33, which was caused by forced collectivization and grain seizures by the Soviet regime; Whereas the United States Government's Commission on the Ukraine Famine concluded that former Soviet leader Joseph Stalin and his associates committed genocide against Ukrainians in 1932-33, using food as a political weapon to achieve the aim of suppressing any Ukrainian expression of political and cultural identity and self-determination; Whereas, as a result, millions of rural Ukrainians starved amid some of the world's most fertile farmland, while Soviet authorities prevented them from traveling to areas where food was more available; Whereas requisition brigades, acting on Stalin's orders to fulfill the impossibly high grain quotas, seized the 1932 crop, often taking away the last scraps of food from starving families and children and killing those who resisted; Whereas Stalin, knowing of the resulting starvation, intensified the extraction from Ukraine of agricultural produce, worsening the situation and deepening the loss of life; Whereas, during the Ukraine Famine, the Soviet Government exported grain to western countries and rejected international offers to assist the starving population; Whereas the Ukraine Famine was not a result of natural causes, but was instead the consequence of calculated, ruthless policies that were designed to destroy the political, cultural, and human rights of the Ukrainian people; Whereas the Soviet Union engaged in a massive cover-up of the Ukraine Famine, and journalists, including some foreign correspondents, cooperated with the campaign of denial and deception; and Whereas, 70 years later, much of the world is still unaware of the genocidal Ukraine Famine: Now, therefore, be it Resolved, That it is the sense of the Senate that– (1) the millions of innocent victims of the Soviet-engineered Ukraine Famine of 1932-33 should be solemnly remembered and honored on the 70th anniversary of the famine; (2) the 70th anniversary of the Ukraine Famine should serve as a stark reminder of the brutality of the totalitarian, imperialistic Soviet regime under which respect for human rights was a mockery and the rule of law a sham; (3) the Senate condemns the callous disregard for human life, human rights, and manifestations of national identity that characterized the Stalinist policies that caused the Ukrainian Famine; (4) the manmade Ukraine famine of 1932-33 was an act of genocide as defined by the United Nations Genocide Convention; (5) the Senate supports the efforts of the Government of Ukraine and the Verkhovna Rada (the Ukrainian parliament) to publicly acknowledge and call greater international attention to the Ukraine Famine; and (6) an independent, democratic Ukraine, in which respect for the dignity of human beings is the cornerstone, offers the best guarantee that atrocities such as the Ukraine Famine never beset the Ukrainian people again. HON. BEN NIGHTHORSE CAMPBELL OF COLORADO Mr. President, I rise to submit a Senate Resolution regarding the genocidal Ukraine Famine of 1932-33. The resolution commemorates the millions of innocent victims of this Soviet-engineered famine and supports the efforts of the Ukrainian Government and Parliament to publicly acknowledge and call greater international attention to one of the 20th century's most appalling atrocities. This year marks the 70th anniversary of Stalin's man-made famine, one of the most heinous crimes in a century notable for events that demonstrated the cruelty of totalitarian regimes. Seventy years ago, a famine in Soviet-dominated Ukraine, and bordering ethnically-Ukrainian territory in Russia, resulted in the deaths of millions of Ukrainians––estimates range from between four and ten million. In his seminal book on the Ukraine Famine, Harvest of Sorrow, British historian Robert Conquest writes, “A quarter of the rural population, men, women, and children, lay dead or dying, the rest in various stages of debilitation with no strength to bury their families or neighbors.” Conquest and many others, including eyewitnesses and recently opened archives, chronicle the devastating human suffering of this man-made famine. The Ukraine Famine was not the result of drought or some other natural calamity, but of Soviet dictator Stalin's utterly inhumane, coldly calculated policy to suppress the Ukrainian people and destroy their human, cultural, and political rights. It was the result of purposeful starvation. Communist requisition brigades, acting on Stalin's orders to fulfill impossibly high grain quotas, took away the last scraps of food from starving families, including children, often killing those who resisted. Millions of rural Ukrainians slowing starved amid some of the world's most fertile farmland, while stockpiles of expropriated grain rotted by the tons. Meanwhile, the Soviet Government was exporting grain to the West, rejecting international offers to assist the starving population, and preventing starving Ukrainians from leaving the affected areas in search of food elsewhere. The Stalinist regime––and, for that matter subsequent Soviet leaders––engaged in a massive cover-up of denying the Ukraine Famine. Regrettably, they were aided and abetted in this campaign of denial and deception by some Western journalists, including Americans. The final report of the Congressionally-created Commission on the Ukraine Famine concluded in 1988 that “Joseph Stalin and those around him committed genocide against Ukrainians in 1932-33.” James Mace, who was staff director of the Commission, recently wrote: “For Stalin to have completely centralized power in his hands, he found it necessary to physically destroy the second largest Soviet republic, meaning the annihilation of the Ukrainian peasantry, Ukrainian intelligentsia, Ukrainian language, and history as understood by the people; to do away with Ukraine and things Ukrainian as such. The calculation was very simple, very primitive: no people, therefore, no separate country, and thus no problem. Such a policy is genocide in the classic sense of the word.” It is vital that the world not forget the Ukraine Famine, honor its victims, and reiterate our support for Ukraine's independence and democratic development as the best assurance that atrocities such as the famine become truly unimaginable. I urge colleagues to join me in commemorating this genocide perpetrated against the Ukrainian people.
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statement
Certification of Assistance to Serbia
Thursday, June 26, 2003Mr. Speaker, the U.S. Department of State last week made its determination to certify compliance by the Government of Serbia and Montenegro with the terms of section 578 of the Consolidated Appropriations Resolution (P.L. 108-7). This section conditions certain bilateral assistance to Serbia on progress in three areas, although by far the most critical being cooperation with the International Criminal Tribunal for the former Yugoslavia. I agree with the Department’s assessment that progress has been made, especially since March. In particular, I welcomed action earlier this month by the Serbian authorities to apprehend Veselin Svjilancanin, indicted by the Tribunal for the 1991 massacre near Vukovar in Croatia. Although there was resistance, this action was a success and signaled what is perhaps a new determination by Belgrade to transfer all remaining indictees. Having been in Vukovar, along with my good friend and colleague Mr. Wolf, just before the city fell to Serb forces, I am glad to see all three indicted by the Tribunal for this crime will be tried in The Hague. Nevertheless, Mr. Speaker, I am concerned that the Department’s determination was the wrong one to make. While progress has been made, it remains insufficient. Still at large and believed to have been in Serbia are several other persons, including Ratko Mladic and others, Ljubisa Beara, Vujadin Popovic, Ljubomir Borovcanin, Vinko Pandurevic and Drago Nikolic, indicted by the Tribunal for their connection to the1995 Srebrenica massacre in which thousands of innocent people were executed. I am concerned, deeply concerned, that these individuals will continue to evade justice while officials in Belgrade may get the impression they have done enough. Clearly, they have not. Mr. Speaker, I would urge Serbian authorities to take the action necessary to remove "cooperation with the Tribunal" as an outstanding issue in our bilateral relationship. In doing so, they will also continue to help Serbia emerge from Slobodan Milosevic’s legacy of nationalist hatred. In the meantime, Mr. Speaker, I also urge the State Department to use remaining levers to encourage not just better, but full, cooperation with the Tribunal, which Secretary Powell had assured Mr. Cardin and myself in correspondence was a position we all shared. The crimes which occurred were too severe and too horrendous to allow those responsible to escape justice.
Mr. President, tomorrow we are going to have an opportunity to vote on S. 2124, and I am pleased to learn that it looks as if there is going to be overwhelming support in the Senate for the passage of S. 2124. This is the legislation that helps Ukraine in dealing with the invasion by Russia.
Russia's illegal actions of using its military to overtake Crimea, a part of Ukraine, violate numerous international obligations that Russia has committed to.
I have the honor of chairing the U.S. Helsinki Commission. The Helsinki Accords were entered into in 1975. Russia was one of the leading forces for forming the OSCE.
Russia's taking over of Crimea violates its commitments it made under the Helsinki Final Act. It violates the 1994 Budapest Memorandum, which was signed by the United States, the United Kingdom, Ukraine, and Russia, that guaranteed basically Ukraine's integrity of its land. It violates the 1997 Ukraine-Russia bilateral treaty. It violates the U.N. Charter. The list goes on and on and on.
So I believe it is absolutely essential that we have a strong voice in standing with the people of Ukraine. There was absolutely no justification whatsoever for Russia's action. There was no threat to any of the ethnic communities in Ukraine. All the rights of the people were being protected. The country was in transition from a corrupt government to a government that respected the rights of its citizens. If there was any provocation whatsoever of any unrest, it was caused by Russia's presence in Ukraine.
We got reports from the chief rabbi in Kyiv that Russia was staging anti-Semitic provocations in Crimea, and the list goes on and on as to what Russia was doing in order to try to give some justification for its actions.
Russia's thinly veiled land grab, cloaked in the cloth of self-determination, must not go unchallenged. Here is what I think is critically important: This is a dangerous precedent. We saw Russia use a similar action in Georgia, and now in Crimea in Ukraine. There are other territorial issues involved around the world. If this goes unchecked, if we do not speak with a unified voice, it just encourages more irresponsible action by Russia in other countries.
We know that we have concerns about the South China Sea. We know we have concerns about Moldova. There are many other areas where Russia could be involved in its border areas.
So all of these issues are matters for us to speak with a strong unified voice. S. 2124 does that. It does it in two principal ways. First, it imposes the sanctions against those responsible for
Russia's invasion into Crimea, Ukraine. It provides sanctions so that these individuals are not permitted to come to the United States. There are economic sanctions in regard to the use of our banking system. These are similar sanctions to what are now being imposed by our European allies.
We need to isolate Russia. As we all know, the G8, which included Russia, is now a G7 without Russia. Russia needs to know that there will be sanctions imposed, and they will be stronger sanctions unless they stop this aggressive action.
In addition, the legislation provides economic assistance to the new Government of Ukraine. Just 2 weeks ago the Prime Minister of Ukraine was here and met with Members of the Senate. I tell you, it was inspirational to listen to his vision for Ukraine as a democratic, independent state, with full integration into Europe. That is important. He is preparing for a May 25 election for the Presidency of Ukraine.
These are all very, very positive steps. But if Ukraine does not have the economic foothold to be able to develop the type of economy and strength in their country, it will be difficult for Ukraine to be maintained as a viable independent state.
Here is where the United States and our European allies, and I hope the global community, come together, as we have in this legislation, to provide economic help on a restructured economic plan for Ukraine that will help them move forward in a very constructive way.
Mr. President, I must tell you I am disappointed, though, that the reforms of the IMF will be eliminated from this legislation. I think that is regrettable. We are entering into a plan for Ukraine that very much depends upon the IMF's--the International Monetary Fund's--plan to make sure that the moneys we are spending, Europe is spending, and other countries are loaning and providing to Ukraine are based upon a sound economic plan that will work. That is why the IMF is there. And they will be there. But the United States needs to be a full participant in the IMF. We are out of compliance, and here is another opportunity lost for us to be in full compliance with the IMF. I am disappointed about that.
But as I said as I took the floor, we must speak with one voice--the Obama administration; the House, the Senate; the Congress--as we stand with the people of Ukraine for their integrity, for their independence, and for the adherence to international principles, which Russia has clearly violated.