In Support of H.R. 6067 Rodchenkov Anti-Doping Act (RADA Act)

In Support of H.R. 6067 Rodchenkov Anti-Doping Act (RADA Act)

Hon.
Sheila Jackson Lee
Washington, DC
United States
House of Representatives
115th Congress
Second Session
Congressional Record, Vol. 164
No. 97
Tuesday, June 12, 2018

Mr. Speaker, earlier today I introduced H.R. 6067, the Rodchenkov Anti-Doping Act (‘‘RADA’’) because in the realm of international sports, it has become almost commonplace for too many athletes to yield to the temptation of bridging the gap between their own skill and the pinnacle of athletic achievement by resorting to performance enhancing drugs.

And to conceal this fall from grace, cheaters are employing increasingly sophisticated modes of masking the use of any proscribed drugs.

This practice, some of it state-sanctioned, undermines international athletic competition and is often connected to more nefarious actions by state actors.

This is why it is necessary for Congress to enact H.R. 6067, the bipartisan Rodchenkov Anti-Doping Act (‘‘RADA’’ Act)

The legislation I have introduced is bipartisan, and bears the name of courageous whistleblower Dr. Grigory Rodchenkov, a valiant man who revealed the true extent of the complex state-run doping scheme which permitted Russia to excel in the 2014 Sochi Winter Olympics, and which resulted in its ban from the 2018 Olympic Games.

While he was complicit in Russia’s state-run doping program, Dr. Rodchenkov regrets his role and seeks to atone for it by aiding the effort to clean up international sports and to curb the rampant corruption within Russia.

The RADA Act is a serious step towards cracking down on the use of performance-enhancing drugs in major international competition because it establishes criminal penalties and civil remedies for doping fraud.

A number of other nations, including Germany, Austria, Belgium, Denmark, France, Italy, Sweden, Switzerland, and Spain, have embraced criminal sanctions for doping fraud violations and it is time for the United States to be added to this list.

Doping fraud in major international competitions—like the Olympics, the World Cup and the Tour de France—is often linked with corruption, bribery and money laundering.

It is not just victory that criminals engaged in doping fraud snatch away from clean athletes—athletes depend on prize money and sponsorships to sustain their livelihoods.

The United States has a large role to play in ferreting out corruption in international sports.

Not only do U.S. athletes lose out on millions in sponsorships, but when a U.S. company spends millions to create a marketing campaign around an athlete, only to have that athlete later implicated in a doping fraud scandal, the damage to that company’s brand can cost tens of millions.

This has been the story of Alysia Montaño, a U.S. runner who competed in the 2012 Summer Olympics games in London and placed fifth place in the 800 meters behind two Russian women finishing first and third.

These women were later found to have engaged in doping fraud by the World Anti-Doping Agency, meaning that Ms. Montaño had rightfully finished third, which would have earned her a bronze medal.

Ms. Montaño estimates that doping fraud cost her ‘maybe half a million dollars, if you look at rollovers and bonuses, and that’s without outside sponsorship maybe coming in.’

She adds, ‘That’s not why you’re doing it, but you still deserve it.’ She certainly does. Until now, defrauded U.S. athletes and companies have had little recourse against doping fraud.

A recent article published by The New York Times titled ‘‘U.S. Lawmakers Seek to Criminalize Doping in Global Competitions’’ references the RADA as a step in the right direction toward criminalizing doping in international sports.

The RADA is an important step to stemming the tide of Russian corruption in sport and restoring confidence in international competition.

Mr. Speaker, I include in the RECORD the New York Times article published June 12, 2018 entitled ‘‘U.S. Lawmakers Seek To Criminalize Doping in Global Competitions’’, which cites RADA as a step in the right direction toward criminalizing doping in international sports.

[From the New York Times, June 12, 2018]

U.S. LAWMAKERS SEEK TO CRIMINALIZE DOPING IN GLOBAL COMPETITIONS (By Rebecca R. Ruiz)

United States lawmakers on Tuesday took a step toward criminalizing doping in international sports, introducing a bill in the House that would attach prison time to the use, manufacturing or distribution of performance-enhancing drugs in global competitions.

The legislation, inspired by the Russian doping scandal, would echo the Foreign Corrupt Practices Act, which makes it illegal to bribe foreign officials to gain a business advantage. The statute would be the first of its kind with global reach, empowering American prosecutors to act on doping violations abroad, and to file fraud charges of a different variety than those the Justice Department brought against top international soccer officials in 2015.

Although American leagues like Major League Baseball would not be affected by the legislation, which would apply only to competitions among countries, it could apply to a league’s athletes when participating in global events like the Ryder Cup, the Davis Cup or the World Baseball Classic.

The law would establish America’s jurisdiction over international sports events, even those outside of the United States, if they include at least three other nations, with at least four American athletes participating or two American companies acting as sponsors. It would also enhance the ability of cheated athletes and corporate sponsors to seek damages, expanding the window of time during which civil lawsuits could be filed.

To justify the United States’ broader jurisdiction over global competitions, the House bill invokes the United States’ contribution to the World Anti-Doping Agency, the global regulator of drugs in sports. At $2.3 million, the United States’ annual contribution is the single largest of any nation. ‘‘Doping fraud in major international competitions also effectively defrauds the United States,’’ the bill states.

The lawmakers behind the bill were instrumental in the creation of the 2012 Magnitsky Act, which gave the government the right to freeze financial assets and impose visa restrictions on Russian nationals accused of serious human rights violations and corruption. On Tuesday, the lawmakers framed their interest in sports fraud around international relations and broader networks of crime that can accompany cheating.

‘‘Doping fraud is a crime in which big money, state assets and transnational criminals gain advantage and honest athletes and companies are defrauded,’’ said Sheila Jackson Lee, Democrat of Texas, who introduced the legislation on Tuesday. ‘‘This practice, some of it state-sanctioned, has the ability to undermine international relations, and is often connected to more nefarious actions by state actors.’’

Along with Ms. Jackson Lee, the bill was sponsored by two other Congressional representatives, Michael Burgess, Republican of Texas, and Gwen Moore, Democrat of Wisconsin.

It was put forward just as Russia prepares to host soccer’s World Cup, which starts Thursday. That sporting event will be the nation’s biggest since the 2014 Sochi Olympics, where one of the most elaborate doping ploys in history took place.

The bill, the Rodchenkov Anti-Doping Act, takes its name from Dr. Grigory Rodchenkov, the chemist who ran Russia’s antidoping laboratory for 10 years before he spoke out about the state-sponsored cheating he had helped carry out—most notoriously in Sochi. At those Games, Dr. Rodchenkov said, he concealed widespread drug use among Russia’s top Olympians by tampering with more than 100 urine samples with the help of Russia’s Federal Security Service.

Investigations commissioned by international sports regulators confirmed his account and concluded that Russia had cheated across competitions and years, tainting the performance of more than 1,000 athletes. In early 2017, American intelligence officials concluded that Russia’s meddling in the 2016 American election had been, in part, a form of retribution for the Olympic doping scandal, whose disclosures Russian officials blamed on the United States.

Nations including Germany, France, Italy, Kenya and Spain have established criminal penalties for sports doping perpetrated within their borders. Russia, too, passed a law in 2017 that made it a crime to assist or coerce doping, though no known charges have been brought under that law to date.

Under the proposed American law, criminal penalties for offenders would include a prison term of up to five years as well as fines that could stretch to $250,000 for individuals and $1 million for organizations.

‘‘We could have real change if people think they could actually go to jail for this,’’ said Jim Walden, a lawyer for Dr. Rodchenkov, who met with the lawmakers as they considered the issue in recent months. ‘‘I think it will have a meaningful impact on coaches and athletes if they realize they might not be able to travel outside of their country for fear of being arrested.’’

The legislation also authorizes civil actions for doping fraud, giving athletes who may have been cheated in competitions—as well as corporations acting as sponsors—the right to sue in federal court to recover damages from people who may have defrauded competitions.

Ms. Jackson Lee cited the American runner Alysia Montaño, who placed fifth in the 800 meters at the 2012 Summer Olympics. Two Russian women who placed first and third in that race were later disqualified for doping, elevating Ms. Montaño years later. ‘‘She had rightfully finished third, which would have earned her a bronze medal,’’ Ms. Jackson Lee said, noting the financial benefits and sponsorships Ms. Montaño could have captured.

The bill would establish a window of seven years for criminal actions and 10 years for civil lawsuits. It also seeks to protect whistle-blowers from retaliation, making it illegal to take ‘‘adverse action’’ against a person because he or she has disclosed information about doping fraud.

Dr. Rodchenkov, who has lived in the United States since fall 2015, has been criminally charged in Russia after he publicly deconstructed the cheating he said he carried out on orders from a state minister.

‘‘While he was complicit in Russia’s past bad acts, Dr. Rodchenkov regrets his past role in Russia’s state-run doping program and seeks to atone for it by aiding the effort to clean up international sports and to curb the corruption rampant in Russia,’’ Ms. Jackson Lee said, calling Tuesday’s bill ‘‘an important step to stemming the tide of Russian corruption in sport and restoring confidence in international competition.’’

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I’m sure all of you have read the obituaries for the late Boris Yeltsin. Russia’s first freely elected president made many mistakes. But all commentators have stressed that throughout his two terms, he protected the media. You may recall a TV show in Russia called Kukly which satirized politicians with hand-puppets. The show’s writers savaged their targets, including the head of state, and this in a country where the Tsar or the General Secretary could never be criticized. Yet Boris Yeltsin, who must have been chagrined, did not order Kukly off the air. That was left to his successor, whose minions made sure that Kukly never again darkened the airwaves. In fact, contrast the era of Kukly to the situation in Russia today: According to a Radio Free Europe/Radio Liberty report last year, 79 percent of the population gets its news from the three national TV networks, which are either directly or indirectly controlled by the government. And it shows. You have to look long and hard for criticism of President Putin. You all saw, I suspect, the press report that employees of Russia’s largest independent radio news network have been told that at least 50 percent of the reports about Russia must be “positive,” that opposition political leaders may not be mentioned on the air and that “the United States was to be portrayed as an enemy.” The first impulse is to laugh at this absurdity of such policies. But journalism in Russia is a very serious business. Even before the assassination of prominent investigative journalist Anna Politkovskaya last October and the mysterious death of reporter Ivan Safronov earlier this year, the Committee to Protect Journalists cited Russia as the third-deadliest country in the world for journalists over the past 15 years, with 42 journalists killed since 1992. 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In Armenia and Azerbaijan, according to reports by the State Department and OSCE’s Representative on the Media, the government seeks to control free media, especially television. In Armenia, for example, independent TV station A1+ has never been allowed back on the air since it was closed down. As for Azerbaijan, just last week, the State Department criticized Baku for the jailing of a journalist on libel charges and expressed concern about the deteriorating media situation. The use of criminal defamation and insult laws has long been used against those who criticize the government or officials, and I commend the OSCE Representative on Freedom of the Media for his consistent, principled focus on this area of abuse. Georgia is a particularly interesting case. Throughout the 1990s, leaders of most former Soviet states reined in the media that had blossomed under glasnost. A historic turning point came in fall 2003, when the Rose Revolution was gathering force in Georgia. Opposition leaders who refused to accept another rigged election led throngs of protesters against Eduard Shevardnadze’s government. You will recall that at a crucial moment, the Rustavi-2 TV station aligned itself with the opposition Troika and played a critical role in galvanizing the public to reject the official election results. In short order, this resistance movement mushroomed into peaceful regime change that sparked similar events in Ukraine and Kyrgyzstan. The lesson was not lost on leaders of other post-Soviet states. Shevardnadze’s counterparts in other CIS capitals were determined to avoid his fate and they resolved that no analogue to Rustavi-2 would arise on their turf. For the most part, I must say, they have pulled it off: outside Ukraine and to some degree Kyrgyzstan, nothing of the sort is permitted. In Georgia today, opposition figures maintain that Rustavi-2 has become a pro-government station. But other TV stations air broadcasts critical of President Saakashvili. Today, Russian and Uzbek media excoriate the United States for allegedly plotting more “color revolutions.” To stem the tide, a broad panoply of tactics has been deployed. Prominent among them have been the expulsion of democracy-promoting NGOs, including many U.S.-based organizations, and the throttling of media outlets. What lessons should we draw from this state of affairs? The first is that most governments of the post-Soviet states understand Thomas Jefferson quite well. They see freedom of the media as a threat which they are determined to neutralize. Second, they have been rather too successful in this endeavor. Even outside the extreme cases of Turkmenistan and Uzbekistan, certain topics remain taboo in most countries, specifically criticism of the head of state or revelations about high-level corruption. This is particularly true of electronic media, and first and foremost TV. However, there is some reason for hope. I believe that pressure exerted by outside forces, including foreign capitals and international organizations, including the OSCE, can have an impact. For example, last week, Kazakhstan’s Culture and Information Minister announced that in response to OSCE criticism, the government has withdrawn a bill that would have imposed licensing requirements on publishing houses. Proposed legislation to regulate the Internet has been withdrawn and he said the authorities are ready to introduce a moratorium for “distorting the truth,” to free journalists from criminal persecution. At least under certain circumstances, then, and over the longer term, outside pressure and suasion can have a positive impact – even if gradually. But this also strengthens my conviction that now is not the time cut back on U.S. broadcasting to the post-Soviet republics. Freedom of the media is in real danger there, and those seeking alternative sources of information need our help. I am determined to make sure they get it. Let me conclude by quoting a heroic Russian journalist who understood the real meaning of Thomas Jefferson’s words over two centuries ago: Anna Politkovskaya. “My job is simple: to look around and write what I see.” That is how she described her task in accepting the OSCE Parliamentary Assembly 2003 Prize for Journalism and Democracy for her investigative reporting on developments in war-torn Chechnya. Last October, an assassin’s bullet brought her brilliant career and life to a sudden end. Anna knew the risks, given the death threats against her, but this courageous professional would not be deterred. Her murder is a reminder of the tremendous risks journalists take for daring to look and report on events that others prefer remain hidden.

  • Russia and Central Asia: the Growing Policy Challenges for the International Community

    Johns Hopkins School of Advanced International Studies Distinguished Speakers and Guests, Ladies and Gentlemen, I would like to thank Freedom House for inviting me to speak at this important event. Freedom House has well earned its reputation as one of the foremost democracy-promoting organizations in the world. Moreover, Nations in Transit – whose 2007 edition this conference is launching – has become an indispensable source of information, measuring the advance of democratization around the globe. Thanks also to SAIS for co-hosting and my congratulations to you on the success of your Russia and Eurasian Studies Program. As Paula said, I Chair the Helsinki Commission, which Congress created in 1976 to monitor and promote implementation of the Helsinki Final Act in all the participating States. Moreover, I have recently completed two years as president of the OSCE Parliamentary Assembly – the only American to ever hold that post. In that capacity, I visited 31 OSCE states, including Russia and all the Central Asian countries. In my travels and in Washington, I have met with presidents and foreign ministers, with parliamentarians, opposition leaders and dissenters, and with journalists and human rights activists. In these remarks, I would like to give you my assessment of where I see democratic governance and human rights trending in the region, more than 15 years after the collapse of the Soviet Union. But first, I want to state that we need to take back the moral high-ground that we once stood on. This starts by holding ourselves accountable when human rights issues arise here at home. Not that we have anything to be afraid of. But we must take away the credibility of those who would accuse us of double standards. As Chairman of the Helsinki Commission, this will be one of my priorities. Let me now talk about Russia. You are all surely familiar with President Putin’s speech in Munich last month, and how pundits have characterized U.S.-Russian relations these days. It’s a bad sign when our Secretary of Defense has to note that “one Cold War was enough.” Actually, one Cold War was more than enough. Now, I understand that Russians remember the 1990s very differently than we do. Despite what many viewed from abroad as a “springtime” of freedom for Russia and the territory of the former Soviet Union, many citizens of Russia remember the nineties as a period of tremendous economic dislocation, rampant crime, chaos at home, and humiliation abroad. The relative order and, at least, superficial international respect that President Vladimir Putin brought to Russia has been welcomed by a majority of the Russian population and seems to be strongly supported by the younger generation. From our point of view, this runs somewhat counter to the assumption that the post-communist generation would yearn for still greater freedom and be less pugnacious. It is necessary that we find a way to come to grips with these divergent views of the recent past as we look to the future. So it’s understandable that today, Russians proudly proclaim that “Russia is back.” This is certainly true, and in no small measure due to high energy prices. Nor is it surprising that a great country with vast human and material resources should rebound from even the disruptions of the last 20 years. What troubles me and many others is what kind of Russia has returned to a leading role on the world stage. Russian officials maintain that their democracy is developing in its own way and in accordance with its own traditions. They accuse the United States of unilateralism in foreign affairs and of seeking to impose the American form of democratic governance on Russia and the rest of the world and hypocritically meddling in the affairs of others. To be sure, our attempts to spread the undeniable benefits of the American experience have not always been distinguished by cultural sensitivity. But I get nervous when I hear the phrase “according to our own traditions and national mentality.” No rational person expects Ivan Ivanov to be a carbon copy of John Johnson. However, there are certain basic shared assumptions about what democratic governance entails: freedom of religion; freedom of speech; freedom of assembly; rule of law; a reasonable distribution of power between the branches of government; an independent judiciary; etc. I would also note that reference to one’s “traditions” as a method of denying rights to others is not solely a Russian phenomenon. There’s little doubt that under President Putin – who is undeniably popular – some people have begun to live better materially. Many Russians are proud of their president, of his sober, disciplined approach to government and his determination to restore Russia’s greatness. But in Russia – and Central Asia – we have witnessed the emergence of super-presidencies, which have overwhelmed the legislative and the judicial branches. For instance, in successfully recentralizing power in the Kremlin, President Putin has turned the Duma into a virtual rubber stamp. True, the Duma was quite complicit in this. And I am aware that American history has also produced “honeymoons” between popular chief executives and a congressional majority representing the same political party. We’ve just finished a six year version right here in Washington. But I hope my colleagues in the Russian Duma would agree that a vital element of representative government is a legislature that acts as a check on executive power. As for judicial independence – a critical component of checks and balances – when was the last time a court in Russia ruled contrary to government wishes in a politically sensitive case in which the Kremlin or the security forces – some would say they are synonymous – have an interest? Especially alarming is the contraction of freedom of the media. The Kremlin now controls all major TV stations, which parrot the official perspective. As for newspapers, though less popular as a source of information, journalism has become a very dangerous profession. In fact, according to the International News Safety Institute, Russia is the second most dangerous country for journalists in the world – the first is Iraq. Just last week, yet another investigative journalist died under suspicious circumstances. There is a long list of such crimes, which have largely gone unsolved. Obviously, the Fourth Estate is being told to shut its mouth, if it wants to keep its head. Furthermore, I am troubled by the government’s attempts to rein in civil society, at least those elements that the Kremlin views as threatening. Many of you may have read about the judge who recently fined members of a local human rights group for meeting in a school with foreign visitors without notifying the authorities – a mentality that smacks frighteningly of the Soviet era. Russian officials often get irritated when they hear the terms “managed democracy” or “sham democracy.” But I see in Russia a system that attempts to carefully control politics, in which the public has been removed from the political process while the state’s well-connected individuals have taken charge of the country’s most profitable giant companies. And it is hard for me to see how or when this system will open up again. One way the system could open up is through legitimate presidential elections in 2008, when President Putin is expected to retire. But to judge by the current difficulties reported by “outsiders” testing the waters in Russia, there is no reason to expect that opposition candidates can count on an equal playing field. The rise of “illiberal democracy” at home is also reflected in Russia’s behavior abroad. For example, Moscow’s unrelenting pressure on Georgia and Moldova has tarnished Russia’s reputation as a conscientious upholder of international law. Especially worrying for Europe are possible interruptions in oil and gas supplies, as has happened during Russia’s disputes with its neighbors. Not surprisingly, Washington and other capitals – even Minsk – are wondering whether Russia can be a reliable supplier of the energy on which our economies depend. Of course, Russia should be able to enjoy the benefits of its energy resources, which account for fully one-quarter of its GDP. But what will benefit Russia, as well as transit and consumer countries, would be more transparency and predictability in energy supply. Think of Russia moving toward a Canadian or Norwegian model instead of an OPEC model. This would entail the promotion of free-market policies in the energy sector. It would mean the protection of property rights, which ensure fair competition, backed up by a commitment to the rule of law that give these rights some meaning. Such transparency and predictability will help ensure that Russia can rationally exploit its resources and that consuming countries can sleep easy – and warm – at night. And Russia’s leaders must understand that other states have become hypersensitive to the possibility that the Kremlin will exploit its control of hydrocarbons for political gain and draw the appropriate conclusions. Yet I often wonder if they do. Sometimes it seems that oil has simply gone to people’s heads in Moscow. As a senior member of the Intelligence Committee, I am well aware of the gravity of the terrorist threat facing this country as well as Russia. I understand the need for us to work together to confront this danger to the whole world. But the legitimate struggle against terrorism cannot be an excuse for gross violations of international humanitarian law and norms – Chechnya comes to mind in this context. Before moving on to Central Asia, I would just emphasize my sincere belief that we best advance our interests with Russia in an atmosphere of mutual respect and not of mutual recrimination. Knee-jerk Russia bashing may be emotionally satisfying for some and may help bolster budgets for others, but it does little to promote our goals and, in fact, closes many doors for dialogue and understanding. On the other hand, being best friends should not be the measure of successful bilateral relations. We need to focus our efforts more on bolstering Russia’s nascent democratic institutions rather than on the rapidly changing faces of the Russian elite. I would also add that I support granting Permanent Normal Trade Relations to Russia. Russia has complied with our law. We spend millions of dollars promoting rule of law abroad, but we seem unable or too preoccupied to comply with our own legislation and retire this Cold War relic. Let me now turn to Central Asia. Over the last 15 years, we have seen the rise of the familiar “super-president,” the controlled parliament, the supine judiciary and the media under pressure, while the families and cronies of rulers prosper. In Uzbekistan and Turkmenistan, no political opposition has been permitted. Turkmenistan – which is still a one-party state today – has been one of the most repressive countries in the world, virtually a post-Soviet North Korea, with a similar cult of personality. In Kazakhstan and Tajikistan, opposition is tolerated but tightly controlled; there is very little opposition representation in their parliaments. Only Kyrgyzstan has bucked the Central Asian trend to some degree. Former President Akaev did not control the political arena as his counterparts did and civil society was much stronger than elsewhere in the region. So it was not surprising that if an opposition-led protest movement in the region had any chance of toppling a government, it would be in Kyrgyzstan. All this was true even before the 2003 Rose Revolution in Georgia. But that historic event, followed by Ukraine’s Orange Revolution and the March 2005 Tulip Revolution in Kyrgyzstan, upset the rulers of most former Soviet states. Central Asian leaders, especially Uzbekistan’s President Karimov, have moved to preempt similar uprisings in their countries by undercutting opposition activists, NGOs – including foreign ones, like Freedom House and Radio Free Europe/Radio Liberty – and human rights groups. In this campaign they have received backing from Moscow, which has warned of sinister U.S. plots of regime change. Indeed, Moscow unfortunately seems to see democratization as a key weapon in a zero-sum competition for influence with the United States. Russia viewed the revolutions in Georgia, Ukraine, and Kyrgyzstan not only as unwelcome achievements of democracy but as a new, historic Western “incursion” into its own sphere of influence. Its apparent strategy is to build alliances with repressive rulers, while dismissing Western disapproval of their authoritarianism as geo-politically motivated. In fact, an anti-revolutionary alliance of states has emerged, embracing most post-Soviet republics and China as well. And these efforts have borne fruit – since Kyrgyzstan, the wave has receded, at least for now. This situation puts U.S. policymakers in a tough spot. Even before September 11, Washington had struggled to find ways to move Central Asian rulers towards more political openness. But they had already concluded that even if relations with the Americans were not very close, the U.S. interest in security, energy and providing a strategic alternative to Russia meant that Washington might criticize flawed elections or human rights problems but would not level serious sanctions or cut off ties. After September 11, the countries of Central Asia saw the opportunity for closer relations with the United States, which was happy to accommodate them in the name of fighting terrorism. An agreement on strategic cooperation was struck with Uzbekistan. We opened military bases there and in Kyrgyzstan. The Tajiks and even Turkmenistan cooperated in overflights and assistance corridors to Afghanistan. Today, economic concerns have come to equal security priorities: with the price of a barrel of oil down to about $60 from a high in the mid-70s and Kazakhstan’s oil and Turkmenistan’s gas beckoning, how do we influence Central Asia’s leaders to liberalize their political systems? It doesn’t look like they want to and they seem to think they don’t have to. There are no easy answers to this question. Obviously, we cannot compel them to democratize or observe their human rights commitments. We have 150,000 troops in Iraq but we can’t ensure basic order, much less build a democratic state there at this time. Even in the 1990s, when Russia was much weaker and poorer than it is today, our leverage was limited. Today, I have the sense that our criticism has the opposite effect on Russian officials. The countries of Central Asia don’t have issues of superpower rivalry with the United States, and they do want to have good relations with us, which facilitates dialogue with them about democratization and human rights. Still, those in power want to remain there – it is their highest priority and they will resist systemic reforms that could threaten their position. You might infer from this overview that I am a pessimist. Not at all. No black man who grew up during the halcyon days of the segregated south and became a judge and then a Congressman while a black woman from the segregated south is Secretary of State can be a pessimist. But I have become more realistic and pragmatic. Let me share with you some conclusions I have drawn. First, democratic transformations take much longer than we would like. The experience of the former Soviet Union proves that the collapse of communism is necessary but not sufficient. We should understand we are in this for the long haul. Second, repressive leaders often maintain that their people are not ready for democracy. I think, however, that publics are much more ready than governments. People in Russia and Central Asia, who have experienced or witnessed enough disruption for several lifetimes, understandably value stability and predictability. But that does not mean they do not want the basic gifts of democracy and human rights. Everyone wants a say in his or her own government and to be treated with respect. When circumstances permit, those desires, I believe, will come to the fore. Third, we in the West saw the so-called color revolutions as a glorious exercise in popular sovereignty, as people peacefully went to the streets to oust corrupt, unresponsive regimes. But we sometimes forget that revolutions are evidence of failed politics. They reflect a crisis in the relations between state and society when people have no satisfactory methods of influencing policy or seeking redress of grievances, such as recourse to the courts for the impartial administration of justice. So while I welcome the Rose, Orange, and Tulip revolutions, I regret their necessity. Slow, steady progress towards democratic governance would be better for all concerned. It is this goal we should work for, through the building of institutions that promote the rule of law and civil society. Fourth, in the absence of established institutions, the ruler’s character remains critical in such highly personalized political systems. It was clear, for example, that while President Niyazov lived, there was no chance of reform in Turkmenistan. The notion may not be popular among some scholars today, but his long reign clearly demonstrates the power of individuals to shape history, certainly for ill and I hope, for good. Fifth, succession can spark unexpected events and accelerate or slow down institution-building. I suspect the death of President Niyazov in December has got the other Central Asian leaders thinking. They are not young men and they have some serious inheritance issues to consider. Nowhere has there been established any tested method for peacefully transferring power at the top. In Kyrgyzstan, a head of state has been removed, but presidential succession has come to be associated with street politics as much as constitutional requirements. In the other countries…well, we will have to see. But barring dramatic headlines, the first important such decision will come in Uzbekistan. President Karimov’s term runs out this year. He will have to decide whether to step down or resort to some ploy to remain in office. I believe that if he chooses the latter course, he will damage his reputation still further and make instability more likely. Whatever happens, however, I strongly believe that all of Central Asia will be watching how President Putin handles his own succession problem. If he steps down, some may be more inclined to follow his example. Sixth, we must not turn our backs on the region and its people. I know Uzbekistan is a repressive state and I share the widespread revulsion at the slaughter in Andijon, but does it help us not to be engaged with President Karimov? Have we gained anything by these frozen relations – quite apart from the loss of our base at K-2, has democracy advanced in Uzbekistan while we criticize him from afar? At the same time, Tashkent must understand we cannot turn a blind eye to atrocities. I have supported the European Union’s serious effort to restore ties with Uzbekistan based on human rights progress, but I would welcome a good faith gesture from Tashkent. For example, Umida Niyazova, a human rights activist who used to work for Freedom House and Human Rights Watch, is in jail. I call on President Karimov to release her immediately. As for Turkmenistan, President Niyazov’s death offers no guarantees of liberalization. But at least there is reason now to hope for a more rational leadership that will focus on the public good, not the president’s ego. I see mixed messages coming out of Ashgabat. On the one hand, the new president has pledged to broaden internet access and has restored the tenth grade and physical education to the school curriculum. That doesn’t sound like much but when you start from such a low base, it can seem like a huge improvement. I expect that gradually, the more bizarre aspects of President Niyazov’s misrule will disappear. But I hope to see much more – the release of people jailed on political grounds and the beginnings of political pluralism. I expect to travel to Ashgabat to discuss with the new Turkmen leaders the prospects for systemic democratization. We need to engage with them in a process of consultation and give and take. Let me conclude by mentioning a few things we should not do, starting with not shooting ourselves in the foot. I have in mind the Voice of America. As many of you probably know, the American Administration has called for major cuts in VOA broadcasting, including closing down the Uzbek and Georgian Services and ending radio programs while retaining television transmission in Russian and Ukrainian. This, ladies and gentlemen, seems to me to be the height of folly. As I have argued here, the democratic transition in the former Soviet Union is far from secure. VOA broadcasts are one of the most effective, biggest-bang-for-the-buck tools in our arsenal to propagate democratic ideals. And in this connection, I want to associate myself with remarks made on Thursday by my good friend Tom Lantos, Chairman of the House Foreign Affairs Committee, in a hearing on U.S. assistance. Like him, I simply cannot comprehend why we should now cut our funding for democracy promotion – especially to the tune of 40 percent. He called for more aid to NGOs that try, under ever worsening conditions, to promote freedom in Russia. I am in full solidarity with him and together with likeminded Members of Congress, we hope to roll back the VOA cuts and increase assistance for democracy promotion. The same applies to funding for the OSCE, which the budgeters also want to slash. Please be assured that I will fight this. Paula, I’ve gone on for quite some time. I hope I haven’t overstayed my welcome. Thank you once again for inviting me. Let me end here and I look forward to hearing from the other speakers.

  • Remarks by Ambassador Clifford G. Bond at the International Forum Bosnia

    It is good to be back in Sarajevo again and I feel very much at home in this city and this country. When Dr. Mahmutcehajic invited me to speak at today’s conference on “American Policy in the Western Balkans,” I suggested that it might be best if I provided a perspective on the on-going work of the Helsinki Commission, which is where I am currently serving, and its impact on U.S. policy in the Balkans. The Commission is a unique institution made up of members of the U.S. Congress. It is not an easy task to generalize about the views of Commission members since each representative and senator is independent. Those who serve on the Commission do so because they share a commitment to human rights and democracy, and want to have an impact on U.S. engagement on these issues especially in the OSCE area, but beyond as well. Congress’ role in foreign policy, as in other areas, is to ensure that policy reflects the democratically expressed will of the American people. It balances the expertise of diplomats at the State Department and other Executive Branch agencies with a consideration of what the public will support. This is one reason why U.S. foreign policy has taken a more comprehensive view of security that includes democratic development and human rights, as opposed to a more “realpolik” view of the world. This was evident in the Balkans throughout the 1990s. In response to conflict in Bosnia, for example, many in Congress pressed the Bush and later Clinton Administration for a more activist and a more interventionist response. Members of Congress, including members of the Commission at that time, were among the first in government to advocate not only for efforts to contain the conflict but for decisive action, including the use of force if necessary, to stop it. Whenever I addressed an audience in Bosnia and Herzegovina (BiH) in the past, the question invariably arose of whether the Balkans remained a priority for the U.S. Obviously the region receives much less attention today than it did 10 years ago. But it would be incorrect to say that the Balkans is ignored and developments on the ground are not being followed on Capitol Hill. There remains an understanding within Congress that the work of the international community is incomplete in this region and that the states of the western Balkans deserve to be integrated into Europe and Euro-Atlantic institutions. This has sustained Congressional support for NATO enlargement and the process of EU integration of the western Balkans, a view that runs even deeper among members of the Helsinki Commission. Moreover, at the initiative of representatives of the more than 300,000 members of the Bosnian-American diaspora, a new bipartisan Bosnian Caucus is being set up within Congress to focus on and support issues of importance to Bosnia and Herzegovina and the region. The Helsinki Process and the Commission Now let me say a few words about the work of the Helsinki Commission. As I said, it is an independent agency created by Congress in 1976 to advance human rights and encourage compliance with the principles of the Helsinki Final Act, particularly its human rights commitments. The Commission is composed of members of both houses of the U.S. Congress. Successive agreements within the Vienna-based Organization for Security and Cooperation in Europe (OSCE) have expanded these common Helsinki standards into a whole framework of human and humanitarian rights. These have come to be termed the “human dimension” of the OSCE’s work. These agreements are not treaties, but political commitments which all participating states, including Bosnia and its neighbors, have adopted on the basis of consensus. Significantly, however, these same states have agreed that these are issues of direct and legitimate concern to all participating states of the OSCE and do not belong exclusively to the internal affairs of the state concerned. Democracy and human rights are thus matters of international concern. This has created a Helsinki process of bilateral and multilateral dialogue that includes the active participation of NGOs as well as governments in assessing the level of compliance with these common commitments. One element of that process is an annual review of implementation which takes place in Warsaw. I participated in the 2006 session and can assure you that it provided a forum for frank and open exchange of how our countries are or are not living up to our OSCE commitments. My own government faced serious criticism in terms of some aspects of its conduct of the fight against terrorism. Since 1989, Europe has undergone an historic transformation and the OSCE has played a vital role in this process of transition to democracy, particularly in the post conflict situation in the western Balkans. Much of this work has been driven on the ground by its field missions, such as the one headed here in Sarajevo by Ambassador Davidson. The Commission believes strongly that this work remains critical to the states of the western Balkans in helping them to overcome a legacy of communism and war. A permanent democratic transformation in the western Balkans will require a rethinking of the overall conditions of society with an aim of protecting rights and instituting peaceful change. Public debate needs to be expanded beyond a discussion of group rights to the rights of the individual and improving the overall quality and dignity of life, which is the essence of the OSCE’s human dimension. This process has not advanced nearly as far as it must to build modern societies in the region. Integration through Consolidating Democracy and Rule of Law Let me now review some of the areas of particular interest to the Commission and its members and where it will be pushing to influence U.S. policy in future. These are areas where I think more public debate and more active local NGO engagement with governments in the region will be essential. As I said, the Commission has been a strong advocate for the integration of the region into Euro-Atlantic institutions. This remains the best long term strategy for securing both peace and prosperity. The key to that integration is consolidating democracy, rule of law and good governance. There has been tremendous progress in this regard, but complacency must be avoided. Political leaders in Bosnia have come to realize that reforming their Dayton-era constitution in ways that make the government more functional and compatible with EU requirements is a necessary step. The U.S. Senate adopted a resolution (S. Res 400, 109th Congress) last year voicing support for this constitutional reform process. It did not advocate for specific changes, which must be decided by the people of Bosnia, not the international community. From the perspective of the Helsinki Commission, however, we think it critical that reforms, in addition to changes in the structure of government, guarantee the human and civic rights of all the citizens of BiH. As you know, the current constitutional provisions restrict Serbs living in the Federation, Bosniaks and Croats living in the RS, and non-constituent peoples, no matter in what part of the country they reside, from running for the post of BiH presidency. This is a violation of both the European Convention on Human Rights and the 1990 OSCE Copenhagen Document. This inability of all citizens to fully participate in BiH’s political life should be corrected. If we look at elections as another benchmark of progress in consolidating democracy, we can see that virtually all countries in the western Balkans are approaching the international standards for free and fair elections. Last October’s elections in Bosnia and Herzegovina were judged by the OSCE to be in line with international standards. Similarly the general elections held recently in Serbia were judged by OSCE as being conducted in a free and fair manner. Going beyond the technical conduct of these elections, however, the results and the tenor of the elections in the region are a matter of concern. In Bosnia nationalistic campaign rhetoric approached pre-war levels and polarized the electorate along ethnic lines. In Serbia the strong showing of the Serbian Radical Party and statements by other politicians indicated a lack of willingness among a large part of the population to come to terms with the crimes committed during the Milosevic era. Hopefully, over time, democratic forces in the region will prevail and a true reconciliation can be achieved. Without a meaningful break with the past and a full recognition in Serbia and the Republika Srpska (RS) of the crimes that were committed during the Milosevic era, however, this task will be immensely more difficult to accomplish. The decision of the International Court of Justice on February 26 does not change the need for this recognition or absolve Serbia or the Republika Srpska of responsibility in this regard. The ICJ confirmed an act of genocide was committed and that Serbia was in a unique position to prevent it. By failing to do so, Serbia violated the Genocide Convention and continues to violate it by not bringing the perpetrators of that genocide to justice. The court’s decision also makes clear that the full responsibility for conducting that genocide lies with the leadership and members of the military in the RS at that time. Unfinished Business It was to bring war criminals to justice and to determine the objective truth of what occurred in the Balkans that the Helsinki Commission was an early proponent of the establishment of the International Criminal Tribunal for the former Yugoslavia. It has pressed all countries in the region to fully cooperate with the Tribunal. The Commission has welcomed the establishment of the War Crimes Chamber within the BiH State Court, and the decision to transfer more cases from The Hague to the region for local prosecution. Despite building this indigenous capacity to conduct trials, there is a strongly felt sense within the Commission that the work of the International Tribunal should not be concluded until Ratko Mladic and Radovan Karadzic are brought to justice. The real message that Belgrade should take from the ICJ’s verdict on February 26 and convey to these indicted war criminals is that: “your time is up.” Other consequences of the war are still being dealt with. More than ten years after Dayton, additional mass graves continue to be uncovered. The Helsinki Commission recently organized a briefing on Capitol Hill at which Amor Masovic reported on the work of the State Missing Persons Commission. We believe that international support for determining the identification of these missing persons must continue. The right of refugees and displaced persons from the Balkan conflicts to return home has not been fully guaranteed. The 2005 Sarajevo Declaration on Refugee Return and Integration was a notable achievement in this regard, but implementation of this trilateral arrangement has been too slow. The Commission has urged Bosnia and Croatia and Serbia in particular to intensify efforts to ensure durable solutions for resettlement are found and displaced persons and refugees given access to all rights, including the right to property and citizenship. The legal issues involved are complicated, but with political will these can be managed and refugees re-integrated into society. In the midst of war in the 1990’s the region was confronted with a new and dangerous form of organized crime – human trafficking. Considerable progress has been made in the region in combating this modern day form of slavery, but even greater efforts are required. Trafficking also needs to be looked upon as not just as one field of criminal activity, but as part of a wider issue of corruption in the region. While criminals organize this activity, it is corruption that allows them to get away with it or go unpunished when caught. Preventing Future Conflict A fundamental principle behind the Helsinki Final Act is that there can be no true security without a commitment to democracy and human rights. Addressing the root causes of intolerance and discrimination are therefore essential to preventing future conflict in the region. The OSCE has done pioneering work in this area and is developing programs to prevent hate crimes and discrimination by confronting the sources of intolerance and by strengthening respect for ethnic and religious diversity. In a series of high level conferences the OSCE has sought to encourage states to collect hate crimes statistics, share information and strengthen education to combat intolerance as well as increase training of law enforcement officials. This is clearly a subject of importance to the entire region and governments should be cooperating in this work. We want to encourage regional participation at the next high level meeting on tolerance to be held in June in Bucharest. The Romanian government is now putting together an agenda which will cover racism, anti-Semitism and intolerance against Muslims and Christians as well as relevant programs to combat this discrimination. We want the conference to consider ways that our societies can move beyond tolerance to acceptance and recognition of diversity. I hope we can count on broad government and NGO representation from the region, but particularly from Bosnia, at the conference. Bosnia can and should be a leader in promoting dialogue among religious groups. We would very much like to see Bosnia host an OSCE event on this theme in future. At the Warsaw human dimension’s meeting last year there was only one Bosnian NGO represented. This was the National Council of Roma, but its participation was very significant for us. The plight of the Roma has been a special concern of the Helsinki Commission. No group within the former Yugoslavia has faced discrimination and exclusion so broadly as the Roma have. They continue to be deprived of housing and property rights, face difficulties in accessing personal documents and establishing citizenship. Many have no access to healthcare or education. In view of this widespread discrimination, not just within the Balkans but throughout Europe, the OSCE has sought to address the specific problems of the Roma. Your local Bosnian Helsinki Committee has also recently translated a human rights manual into Romani and I hope this will assist this marginalized community to assert and defend its rights. Eight governments of central and southeastern Europe have taken their own political initiative, titled the “Decade of Roma Inclusion,” to close the gap in welfare and living conditions between the Roma and non-Roma in their societies. Their aim is to break the cycle of poverty and exclusion by 2015. Several of the western Balkan states are active in this initiative. My understanding is that Bosnia is not yet a participant. It should be. One way to judge a society is by how well it protects the rights of those least able to realize them on their own. Any sincere effort to create modern, rights-based societies in the Balkans cannot overlook the plight and abuse of the civil, political, economic and social rights of the Roma. Among fundamental freedoms is the right to religious expression and belief. This is an issue of deep concern to Commission members. The right to practice your faith is no more secure than your readiness to acknowledge the right of others to practice theirs. Since the fall of communism various laws have been adopted in the region to provide for religious freedom, but these have unfortunately had the effect in some respects of restricting this fundamental right. They set numerical thresholds for the registration of religious groups, discriminate in favor traditional faiths, and place limits on free speech and proselytizing. These restrictions are particularly burdensome to new religious denominations and can lead to harassment against and stigmatization of their members. Albania, in contrast, has adopted a progressive law which provides for a neutral registration system that is applied universally. This is a model others in the region should consider adopting. Meanwhile, there is a need to step up efforts to respect the sanctity and ensure the safety of places of worship that have been targets of ethnically based violence in Bosnia, Serbia and Kosovo. Governments need to adopt a “zero-tolerance” approach in responding to such provocations. Finally let me address the situation of Kosovo. The pending decision on the final status of Kosovo has given rise to much anxiety and apprehension in the region. Much of the debate on Kosovo has focused on the larger issues of sovereignty, territorial integrity and self-determination. Within Congress and even within the Helsinki Commission reaching a consensus on the right outcome in Kosovo is difficult, but two things are clear. First, there is no connection between Kosovo’s future and the recognized sovereignty and the territorial integrity of Bosnia and Herzegovina. Second, whatever form a Kosovo settlement takes, the fundamental issue in the Commission’s view is whether or not it improves the respect for human rights, especially the rights of those people belonging to the Serb, Roma and other minority communities. Those rights include the protection of property and the right of return for displaced persons. Any settlement should also encourage a process of integration and inclusion of these minority communities within a broader Kosovo society. From this perspective the proposed plan of UN Special Envoy Ahtissari can serves as a solid basis for compromise. Even if Belgrade and Pristina cannot agree on the issue of status, they should be engaged in serious negotiations to protect the rights of these minority communities. But whatever becomes of Kosovo, the OSCE and other international human rights standards must apply there and the OSCE must be fully involved in monitoring implementation of any settlement to assure these rights are respected. Conclusion My remarks have focused on some areas of concern, but let me say in conclusion that the region of the western Balkans has come a long way since the 1990’s. The international community has made a substantial investment in the peace, stability and reconstruction in the region, and we welcome this progress. Slovenia is a full-fledged member of NATO and the EU. Croatia is well on the road to membership in both, and Macedonia and Albania are making progress in the right direction. In a welcome development at the end of last year, Bosnia, Serbia and newly independent Montenegro were invited to join NATO’s Partnership for Peace. The regional trajectory is positive. More importantly, the EU and NATO have made a political commitment to include all of the western Balkan states into Euro-Atlantic institutions, and recognized that Europe will be incomplete without your countries. That does not relieve you of the responsibility to meet the conditions of membership in these institutions, but it does offer a bright future for the region. The issues your societies now face are perhaps less dramatic than achieving peace was a decade and more ago. These are issues of complying with human rights norms and improving the quality of life and the relationship between the individual and his or her government. These issues should be a matter of open, public debate in local and regional fora like this one. For too long nationalism and an “us versus them” mentality have dominated public discussion and driven politics in the region. It is time politicians on all sides put down the megaphones and drop the rhetoric that they have been using to polarize the situation. A new dialogue based on an open discussion of these human issues needs to replace it. This is essential to preventing future conflict, promoting economic and social development and sustaining peace. Only political will on the part of governments and party leaders and the full engagement of NGOs and citizens in this Helsinki process of dialogue can get this job done and complete the transition of the western Balkan states into permanent and stable democracies.  

  • Belarus Democracy Reauthorization Act of 2006

    Mr. Speaker, I strongly urge passage of H.R. 5948, the Belarus Democracy Reauthorization Act of 2006, to provide sustained support for the promotion of democracy, human rights and the rule of law in the Republic of Belarus, as well as encourage the consolidation and strengthening of Belarus' sovereignty and independence. Mr. Speaker, I especially thank you for your commitment to bring this legislation before this Congress. Your deep personal interest in the cause of freedom in Belarus, as demonstrated by your recent meetings in Vilnius with the leaders of the democratic opposition, has been particularly appreciated by those struggling for the rule of law and basic human freedoms. This legislation enjoys bipartisan support, and I want to recognize and thank the tremendous collaboration of Rep. Tom Lantos, an original cosponsor of this bill.  As one who has followed developments in Belarus over many years through my work on the Helsinki Commission, I remain deeply concerned that the Belarusian people continue to be subjected to the arbitrary and self-serving whims of a corrupt and anti-democratic regime headed by Aleksandr Lukashenka. Since the blatantly fraudulent March 19 presidential elections, which the OSCE condemned as having failed to meet international democratic standards, the pattern of repression and gross violations of human rights and fundamental freedoms. While those who would dare oppose the regime are especially targeted, the reality is that all in Belarus outside Lukashenka’s inner circle pay a price. Recent news regarding Lukashenka’s regime Last week in Riga, President Bush pledged to help the people of Belarus in the face of the "cruel regime" led by President Lukashenka. "The existence of such oppression in our midst offends the conscience of Europe and the conscience of America," Bush said, adding that "we have a message for the people of Belarus: the vision of a Europe whole, free and at peace includes you, and we stand with you in your struggle for freedom." Mr. Speaker, this legislation would be a concrete expression of Congress’ commitment to the Belarusian people and would show that we stand as one in supporting freedom for Belarus. Just within the last few months, we have witnessed a series of patently political trials designed to further stifle peaceful, democratic opposition. In October, 60-year-old human rights activist Katerina Sadouskaya was sentenced to two years in a penal colony. Her “crime”? “Insulting the honor and dignity of the Belarusian leader.” Mr. Speaker, if this isn’t reminiscent of the Soviet Union, I don’t know what is. And just a few weeks ago, in a closed trial, Belarusian youth activist Zmitser Dashkevich received a one-and-a-half year sentence for “activities on behalf of an unregistered organization.”  A report mandated by the Belarus Democracy Act and finally issued this past March reveals Lukashenka’s links with rogue regimes such as Iran, Sudan and Syria, and his cronies’ corrupt activities. According to an October 9, 2006, International Herald Tribune op-ed: “Alarmingly, over the last six years, Belarus has intensified its illegal arms shipment activities to the point of becoming the leading supplier of lethal military equipment to Islamic state sponsors of terrorism.” I guess we shouldn’t be all that surprised that in July, Lukashenka warmly welcomed to Minsk Venezuela’s Hugo Chavez. In keeping with their bent, both pledged cooperation and denounced the West. More recently, Belarusian Foreign Minister Martynov traveled to Iran where President Ahmadinejad pledged further cooperation in the energy and defense industries. Not long ago, a member of Belarus’ bogus parliament asserted on state-controlled radio that Belarus has the right to develop its own nuclear weapons. Mr. Speaker and Colleagues, Belarus is truly an anomaly in Europe, swimming against the rising tide of greater freedom, democracy and economic prosperity.  The Legislation  Three years ago, I introduced the Belarus Democracy Act which passed the House and Senate with overwhelming bipartisan support and was signed into law by President Bush in October 2004. At that time, the situation in Belarus with respect to democracy and human rights was already abysmal. The need for a sustained U.S. commitment to foster democracy and respect for human rights and to sanction Aleksandr Lukashenka and his cronies is clear from the intensified anti-democratic policies pursued by the current leadership in Minsk. Mr. Speaker, I am pleased that countries throughout Europe have joined in a truly trans-Atlantic effort to bring the promise of freedom to the beleaguered people of Belarus. Prompt passage of the Belarus Democracy Reauthorization Act of 2006 will help maintain this momentum aimed at upholding the democratic aspirations of the Belarusian people. With the continuing decline on the ground in Belarus since the fraudulent March elections, this bill is needed now more than ever.  This reauthorization bill demonstrates the sustained U.S. support for Belarus’ independence. We seek to encourage those struggling for democracy and respect for human rights in the face of the formidable pressures and personal risks from the anti-democratic regime. The bill authorizes such sums as may be necessary in assistance for each of fiscal years 2007 and 2008 for democracy-building activities such as support for non-governmental organizations, including youth groups, independent trade unions and entrepreneurs, human rights defenders, independent media, democratic political parties, and international exchanges.  The bill further authorizes monies for both radio and television broadcasting to the people of Belarus. While I am encouraged by the recent U.S. and EU initiatives with respect to radio broadcasting, much more needs to be done to penetrate Lukashenka’s stifling information blockade. Mr. Speaker, I hope that the Administration will make this a priority.  In addition, H.R. 5948 calls for selective sanctions against the Lukashenka regime, and the denial of entry into the United States for senior officials of the regime – as well as those engaged in human rights and electoral abuses. In this context, I welcome the punitive sanctions imposed by both the Administration and the EU which are targeted against officials – including judges and prosecutors – involved in electoral fraud and other human rights abuses.  The bill expresses the sense of the Congress that strategic exports to the Government of Belarus should be prohibited, except for those intended for democracy building or humanitarian purposes, as well as U.S. Government financing and other foreign assistance. Of course, we would not want the exports to affect humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions are encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs. Furthermore, we would encourage the blocking of the assets (in the United States) of members of the Belarus Government as well as the senior leadership and their surrogates. To this end, I welcome the Treasury Department’s April 10 advisory to U.S. financial institutions to guard against potential money laundering by Lukashenka and his cronies and strongly applaud President Bush’s June 19 “Executive Order Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus.”  Mr. Speaker, I want to make it crystal clear that these sanctions are aimed not at the people of Belarus, but at a regime that displays contempt for the dignity and rights of its citizens even as the corrupt leadership moves to further enrich itself at the expense of all Belarusians.  Ongoing Anti-Democratic Behavior To chronicle the full litany of repression over the course of Lukashenka’s 12-year misrule would go well beyond the bounds of time available here. Let me cite several more recent illustrations of anti-democratic behavior which testify to the true nature of the regime.  Belarus’ March 19 presidential elections can only be described as a farce, and were met with condemnation by the United States, the OSCE, the European Union and others. The Lukashenka regime’s wholesale arrests of more than one thousand opposition activists and dozens of Belarusian and foreign journalists, before and after the elections, and violent suppression of peaceful post-election protests underscore the contempt of the Belarusian authorities toward their countrymen.  Illegitimate parliamentary elections in 2004 and the recently held presidential “elections” in Belarus brazenly flaunted democratic standards. As a result of these elections, Belarus has the distinction of lacking legitimate presidential and parliamentary leadership, which contributes to that country's self-imposed isolation. Albeit safely ensconced in power, Lukashenka has not let up on the democratic opposition. Almost daily repressions constitute a profound abuse of power by a regime that has blatantly manipulated the system to remain in power.  In the last few months, the regime continues to show its true colors, punishing those who would dare to challenge the tin-pot dictator. Former presidential candidate Aleksandr Kozulin was sentenced to a politically-motivated five-and-one-half-years’ term of imprisonment for alleged “hooliganism” and disturbing the peace. His health is precarious as he is now well into his second month of a hunger strike.  In early August, authorities sentenced four activists of the non-partisan domestic election monitoring initiative “Partnerstva”. In a patent attempt to discourage domestic observation of the fraudulent March 19 presidential elections, the four had been kept in custody since February 21. Two were released, having served their six month sentences. Two others, Tsimafei Dranchuk and Mikalay Astreyka, received stiffer sentences, although Astreyka has been released from a medium security colony and is now in “correctional labor”. Other political prisoners, including Artur Finkevich, Mikalay Autukhovich, Andrey Klimau, Ivan Kruk, Yury Lyavonau, Mikalay Razumau, Pavel Sevyarynets, Mikalay Statkevich also continue to have their freedom denied, languishing in prison or in so-called correctional labor camps.  Administrative detentions of ten or fifteen days against democratic opposition activists are almost a daily occurrence. Moreover, the Lukashenka regime continued to stifle religious expression. It refuses to register churches, temporarily detains pastors, threatens to expel foreign clergy, and refuses religious groups the use of premises to hold services. Despite the repressions, Protestant and Catholic congregations have increasingly become more active in their pursuit of religious freedom. I am also concerned about the recent explosion at a Holocaust memorial in western Belarus, the sixth act of vandalism against the monument in 14 years. Unfortunately, the local authorities have reportedly refused to open a criminal investigation. Lukashenka’s minions have closed down independent think tanks, further tightened the noose around what remains of the independent media, suspended the activities of a political party, shut down the prominent literary journal Arche, and evicted the Union of Belarusian Writers from its headquarters. Of course, Lukashenka’s pattern of contempt for human rights is nothing new – it has merely intensified with the passage of time.  Moreover, we have seen no progress on the investigation of the disappearances of political opponents – perhaps not surprisingly, as credible evidence points at the involvement of the Lukashenka regime in their murders.  Mr. Speaker, it is my hope that the Belarus Democracy Reauthorization Act of 2006 will help end to the pattern of violations of OSCE human rights and democracy commitments by the Lukashenka regime and loosen its unhealthy monopoly on political and economic power. I hope our efforts here today will facilitate independent Belarus’ integration into democratic Europe in which the principles of democracy, human rights and the rule of law are respected. The beleaguered Belarusian people have suffered so much over the course of the last century and deserve better than to live under a regime frighteningly reminiscent of the Soviet Union. The struggle of the people of Belarus for dignity and freedom deserves our unyielding and consistent support.  This legislation is important and timely because Belarus, which now borders on NATO and the EU, continues to have the worst human rights and democracy record of any European state – bar none.

  • Protecting Children: The Battle Against Child Pornography and Other Forms of Sexual Exploitation

    This hearing discussed the proliferation of child pornography and other crimes against children through trafficking, prostitution, and sex tourism. Annually, thousands of American children, at least half of which are boys, have been the victims of pornography and many subjected to violence in the process. Often, those guilty of such crimes have been parents, relatives, or acquaintances of these victims. Victims of pornography have been disproportionately affected by depression and suicide and such victims have committed these crimes themselves, perpetuating this cycle.  Global criminal networks that profit from this activity have developed.   In the 1990s, the Commission began efforts to fight child pornography, and in the second half of the 1990s the Trafficking Victims Protection Act was passed. This strengthened the case more comprehensive actions against child pornography and other forms of sexual exploitation.

  • The Second Anniversary of the Beslan Massacre

    Mr. Speaker, I rise today to express my sympathy over the terrible tragedy that took place just over two years ago in the southern Russian city of Beslan. This nightmare began on September 1, 2004, the first day of school when over 1000 students, parents, and teachers were forced by terrorists at gunpoint into a gymnasium rigged with explosives. These young students and others were held hostage for three days without access to food or water while the sick and wounded were denied access to medical treatment. In the end, nearly 400 people lost their lives, including 186 children, and over 700 people were wounded in the savage and senseless acts of violence that occurred in Beslan. Words alone cannot adequately convey the heartache and sorrow over this barbaric act of terrorism. Having an entire Russian school taken hostage by terrorists was shocking. As the world watched, hoping against hope that this would somehow be resolved peacefully, it was horrible to learn on September 3rd that there had been massive loss of innocent lives in the early afternoon of that day.  Mr. Speaker, we continue to grieve for those children and their families and join with other Americans in solidarity with the Russian people on this somber second anniversary of the Beslan massacre.  As Americans we know what it is like to watch--helplessly and in horror--as merciless acts of terrorism are committed against innocent people. We will never forget the tremendous outpouring of sympathy from the people of Russia following the tragic events of September 11, 2001. This support was much appreciated by our wounded nation and helped us through the dark days in the immediate aftermath of the senseless violence of that fateful day. As both our nations mourn the losses of September 3rd and September 11th, let us find hope in the countless stories of humanitarian acts that surrounded those horrible events. Colleagues, let us remember the heroism of our first responders, the valor of our troops, and the generosity of our communities in their collective response to these tragedies. May the God of mercy grant His peace to all those who continue to suffer from the violence of those tragic days.

  • Kazakhstan's Candidacy for OSCE Chairmanship

    Mr. Speaker, next week, Kassymzhomart Tokaev, the Foreign Minister of Kazakhstan, will be visiting Washington. Given Kazakhstan's growing strategic and economic significance, his agenda with U.S. Government officials and Congress is likely to be broad-ranging. But a key focus of Minister Tokaev's discussions will certainly be Kazakhstan's bid to serve in 2009 as Chair-in-Office of the 56-nation Organization for Security and Cooperation in Europe. Kazakhstan has been avidly pursuing this prestigious leadership post since 2003. The consensus decision must be made by this fall, in time for the December OSCE Ministerial Meeting. While I support the idea of Central Asian leadership of the OSCE, my purpose today is to point out the very serious problems with Kazakhstan's candidacy. As many of my colleagues on the Helsinki Commission have concluded, awarding Kazakhstan the political leadership of OSCE in 2009 would be unwarranted and potentially dangerous for the Organization. President Nursultan Nazarbaev, in his opening statement at a recent OSCE meeting in Almaty, even admitted: "We do not...have established democratic principles." Therefore, allowing Kazakhstan to assume the chairmanship by default is not acceptable. Kazakhstan's chairmanship bid must be deferred until the country substantially implements its OSCE commitments, especially those on human rights and democratization. Defenders of Kazakhstan's candidacy have pointed to the country's economic reforms and relative freedom, compared to the rest of Central Asia. I concur that Kazakhstan is far ahead of the police states of Turkmenistan or Uzbekistan. But that is no great achievement. Surpassing the worst of the worst does not confer an automatic right to hold the chairmanship of the OSCE which is dedicated to upholding human rights and promoting democracy. It has long been the State Department's position "that any Chair of the OSCE must be in substantial compliance with all OSCE commitments." Over several years now, high-level U.S. Government officials have provided Nazarbaev and other Kazakh officials clear, concrete indicators of the progress necessary before serious consideration could be given to U.S. support for Kazakhstan's Chair-in-Office bid. Yet long-promised political reforms in Kazakhstan have not materialized and the human rights climate remains poor, as documented in the State Department's annual reports. Kazakhstan's oil riches, strategic location and cooperation with the United States in antiterrorism programs cannot conceal the fact that the country remains an authoritarian state. President Nazarbaev has manipulated constitutional referendums and falsified elections to stay in power, while his relatives and friends have gained monopoly positions in the most profitable sectors of the economy. Independent and opposition media have been consistently harassed and pressured, and opposition politicians have been excluded from elections, or worse. Such was the state of affairs before last December's presidential election, which was widely seen as a "make-or-break" moment for Kazakhstan. Unfortunately, the government failed to uphold its international commitments before, during and following the election. Despite repeated pledges from Nazarbaev to hold a free and fair contest, the OSCE observation mission stated the election "did not meet a number of OSCE commitments" due to "restrictions on campaigning, harassment of campaign staff and persistent and numerous cases of intimidation by the authorities" which "limited the possibility for a meaningful competition." The election was a serious blow to Kazakhstan's chances to chair the OSCE. The recent establishment of the State Commission on the Development and Realization of the Programme of Political Reforms comes after the major elections, too late to have any definitive liberalizing effects. In addition, a string of events has accentuated the disturbing gap between OSCE commitments and Kazakhstan's implementation. Last November, opposition politician and former Mayor of Almaty Zamanbek Nurkadilov was found dead in his home. According to Kazakh authorities, he shot himself three times, twice in the chest and once in the head. The official version of his death is, kindly put, implausible in the extreme. In February, opposition politician Altynbek Sarsenbaev, along with his driver and unarmed bodyguard, was shot in an apple orchard outside Almaty. The official investigation has placed the blame for this brazen crime on Erzhan Utembaev, head of the administration of the Senate, who allegedly engaged the services of some security officers. It is fair to say that this explanation for Sarsenbaev's death has failed to satisfy many observers. What is indisputable, however, is that anyone involved in opposition politics in Kazakhstan risks, in the worst case scenario, not merely electoral defeat but murder. Furthermore, Kazakh officials have backed Russian plans to eviscerate the OSCE's Office for Democratic Institutions and Human Rights, which, among other important democracy promoting activities, undertakes the OSCE's election observation missions. This would pose a grave threat to the OSCE as an institution and as the most credible election monitoring organization in the world. Recent statements and actions by local Kazakh authorities against a Hare Krishna community outside of Almaty and actions to penalize minority religious communities for unregistered religious practice run counter to OSCE norms and Kazakhstan's stated commitment to inter-religious tolerance. On March 20, President Nazarbaev praised Uzbek President Islam Karimov's handling of unrest in Andijon in May 2005. Praise for the Andijon massacre that left hundreds dead in Uzbekistan, and which moved the OSCE, the U.S. Government and international organizations to call for an independent, impartial investigation, are hardly the "reforms" one expects of a country that hopes to chair the OSCE. The forced repatriation of Uzbek refugees to Uzbekistan was equally alarming. Just today, Kazakhstan's upper house passed a highly restrictive media law that has been criticized by the OSCE's Representative on the Media and the U.S. Ambassador to Kazakhstan. It is hoped that President Nazarbaev will not sign this problematic bill into law. Mr. Speaker, in light of these circumstances, Kazakhstan's bid to chair the OSCE in 2009 cannot be supported. I strongly believe that backing Kazakhstan's candidacy would cause more difficulties than will result from Astana's disappointment over not winning this prize. None of this means that we should not strive to develop the best possible relations with Kazakhstan, on a mutually beneficial basis. There are many areas of current and potential cooperation between our countries, including Kazakhstan's entry into the WTO, energy, military security and anti-terrorism. Nor does my inability to support Kazakhstan's candidacy for the OSCE Chairmanship in 2009 mean that I do not hope to be able to back a future bid. Nothing would please me more than to report to this Chamber that Kazakhstan has met its commitments on democratization and human rights and richly deserves to lead the OSCE. A Kazakh chairmanship would also move the Organization eastward in the symbolic sense, bridging what has become an uncomfortable gap between the former Soviet republics and Europe. But that moment has not yet come, Mr. Speaker. I would encourage the Kazakh leaders to avail themselves of the opportunity of additional time to constructively engage the OSCE. Working to ensure that the Organization succeeds would aid Kazakhstan's bid for a future chairmanship, while expressing sour grapes over a denial can only add to the impression that Kazakhstan is not ready for a leadership role. The OSCE Chairmanship represents acknowledgement of progress already made, not a stimulus to future, unproven progress. Urging the Kazakhs to defer their bid would leave the door open for Astana, should demonstrable reforms on human rights and democratization be forthcoming. That progress was promised by President Nazarbaev, when he signed the Helsinki Accords as his country joined the OSCE in 1992.

  • Belgium’s Chairmanship of the OSCE

    The Belgian Government assumed Chairmanship of the OSCE in January 2006.  The first half of 2006 saw a number of developments within, and adjacent to, the OSCE region that formed the focus of the hearing.  Among the issues addressed were developments in Central Asia and neighboring Afghanistan, the emergence of the Shanghai Cooperation Organization, the political situation in the Caucasus, and human rights trends in the Russian Federation.  Commissioners also focused on OSCE democracy-promotion work, with a special emphasis on election monitoring, programs to combat anti-Semitism and other forms of intolerance, and initiatives aimed at promoting greater international cooperation to curtail human trafficking and child pornography.

  • Human Rights, Democracy, and Integration in South Central Europe

    The hearing, led by the Hon. Christopher H. Smith,  the Hon. Sam Brownback , and the Hon. Benjamin L. Cardin, focused primarily on the legal restrictions on religious activities and other attacks on religious freedom, lagging efforts to combat trafficking in persons, discrimination and violence against Roma, and the prevalence of official corruption and organized crime. The efforts to encourage Bosnia-Herzegovina to move beyond the limitations imposed by the Dayton Peace Agreement will be discussed. Further, the plight of the displaced and minority communities of Kosovo, and the need for Serbia to cooperate fully with the International Criminal Tribunal will also be covered.   

  • Advancing the Human Dimension in the OSCE: The Role of the Office for Democratic Institutions and Human Rights

    This hearing, led by the Helsinki Chairman the Hon. the Hon. Sam Brownback, Co-Chairman the Hon. Christopher H. Smith Office, and ranking member the Hon. Alcee L. Hastings, examined the role that Democratic Institutions and Human Rights (ODIHR) has played over the last fifteen years. ODIHR’s role in advancing human rights and the development of democracy in the OSCE participating States was noted and agreed to be particularly important. ODIHR is engaged throughout Western Europe and the former Soviet Union in the fields of democratic development, human rights, tolerance and non-discrimination, and promotion of the rule of law and has set the international standard for election observation. Within the hearing, the challenges that ODIHR faces were examined, specifically those instigated by the Russian Federation, Belarus and a small minority of the OSCE participating states seeking to undermine the organization under the guise of reform.  ODIHR has earned an international reputation for its leadership, professionalism, and excellence in the area of election observation.  That being said, ODIHR’s mission is much broader, encompassing a wide range of human rights activities aimed at closing the gap between commitments on paper and the reality on the ground in signatory countries.    

  • Thirtieth Anniversary of the Founding of the Moscow Helsinki Group

    Mr. President, last Friday, May 12, marked the 30th anniversary of the oldest active Russian human rights organization, the Moscow Helsinki Group. The creation of the Moscow Helsinki Group was announced on May 12, 1976, at a press conference called by Academician Andrei Sakharov, who later won the Nobel Peace Prize for his defense of human rights and his commitment to world peace. Formally named the “Public Group to Assist in the Implementation of the Helsinki Final Act in the USSR,” its members sought to monitor the Soviet Government’s implementation of the historic Helsinki Accords.  At the initiative of Professor Yuri Orlov, a physicist by profession and a veteran human rights activist, the group joined together 11 committed individuals to collect and publicize information on Soviet violations of the human rights provisions enshrined in the Helsinki Accords. The group monitored fundamental rights and freedoms, including freedom of movement and freedom of religion, as well as the basic rights of minorities. The group documented evidence of systemic human rights abuses and provided reports of Helsinki violations to the Presidium of the Supreme Soviet and the embassies of Helsinki signatory countries in Moscow. Additionally, these reports were widely distributed to Western correspondents. All together, the Moscow Helsinki Group published 195 numbered reports, along with numerous other documents, some of the cooperative initiatives with other human rights organizations. These reports played a critical role in documenting the Soviet Union’s failure to adhere to many of its Helsinki commitments. The example set by the Moscow Helsinki Group inspired human rights activists elsewhere in the USSR. Helsinki monitoring groups were founded in Ukraine, Lithuania, Georgia, and Armenia, and affiliated groups were also established to combat psychiatric abuse for political purposes and to defend religious liberty in Lithuania. As time went on, more brave individuals joined the Moscow Helsinki Group in its pursuit of truth and accountability. However, regrettably, the Soviet Government had no intention of tolerating the “assistance” provided by the Moscow Helsinki Group in monitoring the Soviet Union’s adherence to Helsinki commitments. The state-controlled Soviet press launched a campaign of slander against the group. By early 1977, the group’s founders, Dr. Yuri Orlov and Alexander Ginzburg, a longtime activist who had earlier produced the celebrated ‘‘White Book’’ on the trial of writers Andrei Sinyavsky and Yuli Daniel, had been arrested on political charges. Cyberneticist Anatoly “Natan” Sharansky and retired geologist Malva Landa were arrested shortly thereafter. Orlov was sentenced to 7 years in a labor camp and 5 years in internal exile. Ginzburg received 8 years labor camp and 3 years internal exile. Sharansky was sentenced to a total of 13 years in labor camp and prison, and Landa received 2 years internal exile.   Other members followed this path into the “Gulag” or were forced to emigrate. By 1981, KGB pressure had left only three members of the Moscow Helsinki Group at liberty in the Soviet Union, and they were forced to announce the “suspension” of their work. In 1984, one of those three, Dr. Elena Bonner, joined her husband, Dr. Sakharov, in forced internal exile in the closed city of Gorky.  Tragically, in December 1986, just as the Soviet political system was showing the signs of the exhaustion that would eventually lead to its collapse, Moscow Helsinki Group member Anatoly Marchenko died during a hunger strike at Chistopol Prison. Just over 2 months later, hundreds of known political and religious prisoners were freed from the Soviet prison system. With the advent of Glasnost, the Moscow Helsinki Group was formally reestablished in July 1989 by a handful of Helsinki veterans, and several new members joined their cause. Today, the Moscow Helsinki Group continues to work to defend human rights in post-Soviet Russia. And while there have been dramatic changes in Russia since the collapse of the Soviet Union, the lure of authoritarianism still has a strong appeal for some in today’s Russia. Mr. President, on the occasion of its 30th anniversary, I congratulate the members and former members of the Moscow Helsinki Group, many of whom, sadly, are no longer with us, for their courage and fortitude in the struggle against tyranny. I wish the group continued success as they work to advance democracy, defend human rights, and promote a vigorous civil society.

  • Thirtieth Anniversary of the Founding of the Moscow Helsinki Group

    Mr. Speaker, as Ranking Member of the Commission on Security and Cooperation in Europe, the Helsinki Commission, I note that tomorrow marks one of the major events in the struggle for human rights around the globe. Thirty years ago a courageous band of human rights defenders in the Soviet Union founded the “Moscow Helsinki Group,” dedicated to monitoring Soviet compliance with the Helsinki Final Act, an historic agreement containing important provisions on human rights.   When General Secretary Brezhnev signed the Helsinki Final Act, or the Helsinki Accords, on August 1, 1975 on behalf of the USSR, Soviet officials believed that they had gained an important foreign policy victory.  Indeed, there were some provisions that Soviet diplomats had sought assiduously during the negotiations among the thirty-five nations of Europe and the United States and Canada. However, the West, for its part, had insisted on certain provisions in the area of human rights and humanitarian affairs, including the right of citizens “to know their rights and to act upon them.”    With this commitment in mind, Professor Yuri Orlov, a Soviet physicist who had been involved in the defense of human rights in the Soviet Union previously, called upon several of his similarly-minded colleagues to join together in an organization to press publicly for implementation of the Helsinki Accords in their country.  Eleven brave individuals answered the call, and on May 12, 1976, at a press conference called by famed human rights campaigner and peace activist Dr. Andrei Sakharov, the creation of the “Public Group to Assist in the Implementation of the Helsinki Final Act,” or as it became later known, the “Moscow Helsinki Group” was announced.   The Moscow Helsinki Group committed itself to collecting information about implementation of the Helsinki Accords in the Soviet Union and publishing reports on their findings. During the first six years of its activity, they produced almost two hundred specific reports, as well as other announcements and appeals.  More activists joined with the passing months. Similar Helsinki monitoring groups were established elsewhere in the USSR, including in Ukraine, Lithuania, Georgia and Armenia. Other groups focused on specific human rights issues such as psychiatric abuse or religious liberty joined the movement. The Moscow Group became an important source of information for individuals and groups seeking assistance in the area of human rights.  Naturally, the Soviet leadership rejected such “assistance” and undertook to suppress the Moscow Helsinki Group. Members were fired from their jobs, “persuaded” to emigrate, castigated in the press, and subjected to KGB searches and interrogations. When such reprisals proved mostly ineffective, members were charged with political crimes and given lengthy sentences in labor camps of the Soviet gulag, usually with an additional term of “internal exile,” forced resettlement, typically somewhere in Siberia or the Soviet Far East.  Ten years after the founding of the Moscow Helsinki Group, fourteen members had been sentenced to a total of sixty nine years in labor camp or prison, and fifty years internal exile.  Anatoly Marchenko, a founding member and veteran dissident, died during a hunger strike at Chistopol Prison in December 1986.  By 1982, the Moscow Helsinki Group had been forced to suspend its activities in the face of intense KGB repression.  But while Moscow had rid itself of some troublesome dissidents, the spirit of Helsinki was not so easily quashed. Ludmilla Alekseyeva, an exiled member of the group, testified in the U.S. Congress in October 1985 that “for victims of human rights abuses in the Eastern bloc, Helsinki remains the main source of hope...and a rallying point in their struggle for freedom and peace.” Just a little over four year after she spoke those words, the Berlin Wall fell.  The Moscow Helsinki Group was re-established in 1989.  Reinvigorated through the work of new and veteran members, it is one of the most respected human rights organizations in the Russian Federation today. Alexeyeva, who returned to Russia in the early 1990s, following the demise of the Soviet Union, serves as chair of the group.          Mr. Speaker, we would do well to heed the wise words of Andrei Sakharov when he noted, “The whole point of the Helsinki Accords is mutual monitoring, not mutual evasion of difficult problems.” A key to the ultimate success of the Helsinki Process has been the involvement of civil society, courageous human rights defenders like those who established the Moscow Group, willing to speak out on behalf of others.  I remain deeply concerned over human rights trends in Russia, especially the adoption of regressive laws affecting fundamental human rights and freedoms.  I join my colleagues on the Helsinki Commission in congratulating the Moscow Helsinki Group on the occasion of its 30th anniversary of dedicated service in the defense of fundamental freedoms and liberty.

  • Thirtieth Anniversary of the Founding of the Moscow Helsinki Group

    Mr. Speaker, seventeen years ago, my dear friend and colleague, Rep. Frank Wolf, and I traveled to the Soviet Union, to visit the notorious Perm Labor Camp No. 37, located in the shadows of the Ural Mountains.  There were three camps in the Perm labor camp complex that had been set up specifically in 1972 for political prisoners and others whom Moscow considered “especially dangerous.“ Fortunately, by the time of our visit many of the incarcerated had been released and by 1991 the camp had emptied out completely in the closing chapter of the USSR. As Co-Chairman of the Helsinki Commission, I can vividly recall that glimpse into life in the Soviet Gulag, both a memorable and sobering experience. I mention that trip because Friday of this week, May 12th, will mark the thirtieth anniversary of the founding of the Moscow Helsinki Group, a leading human rights organization devoted to monitoring the Kremlin’s adherence to the Helsinki Final Act of 1975. The Helsinki Final Act was signed by the United States, Canada and thirty-three European countries, including the Soviet Union. While much of this document was focused on military security, economics and trade, there were important provisions on human rights and humanitarian issues, such as freedom of conscience and family reunification, which the Soviet Government and the other signatories promised to uphold.  At a May 12, 1976, Moscow press conference organized by Nobel Peace Prize Laureate Dr. Andrei Sakharov, the Moscow Helsinki Group announced that it would collect information and publish reports on implementation of the Helsinki Accords by the As might be expected, the Soviet Government did not welcome this initiative.  Members were threatened by the KGB, imprisoned, exiled or forced to emigrate. The Soviet press went into full-scale attack mode, accusing the Moscow Helsinki Group of being subversive and charging that some members were on the payroll of foreign intelligence services. I might mention that a thinly veiled version of this canard against the group was recently resurrected by a representative of the KGB’s successor, the FSB, on national television.      Arrests of members of the Moscow Group began within a year of its founding. In 1978, Dr. Orlov himself was sentenced to seven years labor camp and five years internal exile. In 1986, he was brought back to Moscow, put on a plane and deported to the United States in exchange for a Soviet spy.  Other Moscow Helsinki Group members found themselves at the notorious Perm Labor Camp complex that I mentioned earlier. For his criticism of the 1979 Soviet invasion of Afghanistan, Dr. Sakharov was exiled to the closed city of Gorky beginning in January 1980.  His wife and Moscow Helsinki Group member, Dr. Elena Bonner, joined him there in 1984 after having been convicted of “anti-Soviet agitation and propaganda.” Founding member Anatoly Marchenko died while on a hunger strike at Chistopol Prison in December 1986,   By the end of 1982, less than seven years after the group’s founding, it appeared that the KGB and the Soviet Government had triumphed over the small band of idealists who pressed their leaders to live up to the promises made at Helsinki. With only three members at liberty and those under intense KGB pressure, the Moscow Helsinki Group was forced to suspend its activities. By 1986, only one member of the group, Naum Meiman, continued to meet with foreign visitors and Western correspondents.  Meiman’s wife, Irina, died of brain cancer after waiting years for Soviet authorities to give her permission to leave the Soviet Union for specialized treatment abroad, a reminder of the personal costs to human rights activists and their families under a cruel regime.       But the Helsinki spirit lived on. In the West, supporters and sympathizers demonstrated on behalf on imprisoned Helsinki Monitors. The cases of imprisoned or exiled Helsinki Monitors were often raised at diplomatic meetings between the United States and the Soviet authorities. In the Soviet Union itself, enlightened leaders began to understand that repressive governments may squelch the voices of dissenters for a time, but their message will heard by other means. And on February 14, 1987, less than five years after the Moscow Helsinki group was forced to suspend its activities, a small item in “Izvestiya” announced the possibility of certain prisoners being released from labor camp. It was the beginning of the end for the repressive Soviet system.        In July 1989, the Moscow Helsinki Group was reestablished by several longtime human rights activists: Larisa Bogoraz, Sergey Kovalev, Viatcheslav Bakhmin, Alexey Smirnov, Lev Timofeev, and Boris Zolotukhin. Today, Ludmilla Alexeyeva, who had been exiled to the United States by Soviet authorities for her earlier work, now chairs this respected organization. Mr. Speaker, thirty years after its founding and fifteen years after the collapse of the Soviet Union, the re-established Moscow Helsinki Group remains active in speaking out in defense of human rights, civil society, and rule of law in Russia. I congratulate the members of the Moscow Helsinki Group for their achievements in the past and pledge my support for their vital ongoing work.

  • Tools for Combating Anti-Semitism: Police Training and Holocaust Education

    The Helsinki Commission held a briefing on Holocaust education tools and law enforcement training programs undertaken by the Organization for Security and Cooperation in Europe. Co-Chairman Smith cited the vicious murder of Ilan Halimi as a reminder of the need to redouble efforts to combat anti-Semitism and to speak out when manifestations of related hatred occur.  The briefing highlighted specific programs which promote awareness of the Holocaust and provide law enforcement professionals with the tools to investigate and prosecute hate-inspired crimes.   Paul Goldenberg, a Special Advisor to ODIHR who designed the law enforcement training program which assists police to recognize and respond to hate crimes, stressed that law enforcement professionals must be recognized as an integral part of the solution.  Dr. Kathrin Meyer addressed the challenges presented by contemporary forms of anti-Semitism and highlights ways to address the subject in the classroom. Other witnesses – including Rabbi Andrew Baker, Director of International Jewish Affairs for the American Jewish Committee; Stacy Burdett, Associate Director of Government and National Affairs, Anti-Defamation League; and Liebe Geft, Director, Simon Wiesenthal Center’s Museum of Tolerance also presented testimony at this briefing.

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