Voicing Concern About Serious Violations of Human Rights and Fundamental Freedoms in Most States of Central Asia

Voicing Concern About Serious Violations of Human Rights and Fundamental Freedoms in Most States of Central Asia

Representative
Christopher H. Smith
Washington, DC
United States
House of Representatives
106th Congress
Second Session
Congressional Record, Vol. 146
No. 140
Monday, October 30, 2000

Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 397) voicing concern about serious violations of human rights and fundamental freedoms in most states of Central Asia, including substantial noncompliance with their Organization for Security and Cooperation in Europe (OSCE) commitments on democratization and the holding of free and fair elections, as amended.

The Clerk read as follows:

H. Con. Res. 397

Whereas the states of Central Asia--Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan--have been participating states of the Organization for Security and Cooperation in Europe (OSCE) since 1992 and have freely accepted all OSCE commitments, including those concerning human rights, democracy, and the rule of law;

Whereas the Central Asian states, as OSCE participating states, have affirmed that every individual has the right to freedom of thought, conscience, religion or belief, expression, association, peaceful assembly and movement, freedom from arbitrary arrest, detention, torture, or other cruel, inhuman, or degrading treatment or punishment, and if charged with an offense the right to a fair and public trial;

Whereas the Central Asian states, as OSCE participating states, have committed themselves to build, consolidate, and strengthen democracy as the only system of government, and are obligated to hold free elections at reasonable intervals, to respect the right of citizens to seek political or public office without discrimination, to respect the right of individuals and groups to establish in full freedom their own political parties, and to allow parties and individuals wishing to participate in the electoral process access to the media on a nondiscriminatory basis;

Whereas the general trend of political development in Central Asia has been the emergence of presidents far more powerful than other branches of government, all of whom have refused to allow genuine electoral challenges, postponed or canceled elections, excluded serious rivals from participating in elections, or otherwise contrived to control the outcome of elections;

Whereas several leaders and governments in Central Asia have crushed nascent political parties, or refused to register opposition parties, and have imprisoned and used violence against, or exiled, opposition figures;

Whereas in recent weeks fighting has erupted between government troops of Kyrgyzstan and Uzbekistan and members of the Islamic Movement of Uzbekistan;

Whereas Central Asian governments have the right to defend themselves from internal and external threats posed by insurgents, radical religious groups, and other anti-democratic elements which employ violence as a means of political struggle;

Whereas the actions of the Central Asian governments have tended to exacerbate these internal and external threats by domestic repression, which has left few outlets for individuals and groups to vent grievances or otherwise participate legally in the political process;

Whereas in Kazakhstan, President Nursultan Nazarbaev dissolved parliament in 1993 and again in 1995, when he also annulled scheduled Presidential elections, and extended his tenure in office until 2000 by a deeply flawed referendum;

Whereas on January 10, 1999, President Nazarbaev was reelected in snap Presidential elections from which a leading challenger was excluded for having addressed an unregistered organization, `For Free Elections,' and the OSCE assessed the election as falling far short of international standards;

Whereas Kazakhstan's October 1999 parliamentary election, which featured widespread interference in the process by the authorities, fell short of OSCE standards, according to the OSCE's Office of Democratic Institutions and Human Rights (ODIHR);

Whereas Kazakhstan's parliament on June 22, 2000, approved draft legislation designed to give President Nazarbaev various powers and privileges for the rest of his life;

Whereas independent media in Kazakhstan, which used to be fairly free, have been pressured, co-opted, or crushed, leaving few outlets for the expression of independent or opposition views, thus limiting the press's ability to criticize or comment on the President's campaign to remain in office indefinitely or on high-level corruption;

Whereas the Government of Kazakhstan has initiated, under OSCE auspices, roundtable discussions with representatives of some opposition parties and public organizations designed to remedy the defects of electoral legislation and now should increase the input in those discussions from opposition parties and public organizations that favor a more comprehensive national dialogue;

Whereas opposition parties can function in Kyrgyzstan and parliament has in the past demonstrated some independence from President Askar Akaev and his government;

Whereas 3 opposition parties in Kyrgyzstan were excluded from fielding party lists and serious opposition candidates were not allowed to contest the second round of the February-March 2000 parliamentary election, or were prevented from winning their races by official interference, as cited by the OSCE's Office of Democratic Institutions and Human Rights (ODIHR);

Whereas a series of flagrantly politicized criminal cases after the election against opposition leaders and the recent exclusion on questionable linguistic grounds of other would-be candidates have raised grave concerns about the fairness of the election process and the prospects for holding a fair Presidential election on October 29, 2000;

Whereas independent and opposition-oriented media in Kyrgyzstan have faced serious constraints, including criminal lawsuits by government officials for alleged defamation;

Whereas in Tajikistan, a civil war in the early 1900s caused an estimated 50,000 people to perish, and a military stalemate forced President Imomaly Rakhmonov in 1997 to come to terms with Islamic and democratic opposition groups and agree to a coalition government;

Whereas free and fair elections and other democratic steps in Tajikistan offer the best hope of reconciling government and opposition forces, overcoming the legacy of the civil war, and establishing the basis for civil society;

Whereas President Rakhmonov was reelected in November 1999 with 96 percent of the vote in an election the OSCE did not observe because of the absence of conditions that would permit a fair contest; Whereas the first multiparty election in the history of Tajikistan was held in February-March 2000, with the participation of former warring parties, but the election fell short of OSCE commitments and 11 people, including a prominent candidate, were killed;

Whereas in Turkmenistan under the rule of President Saparmurat Niyazov, no internationally recognized human rights are observed, including freedom of speech, assembly, association, religion, and movement, and attempts to exercise these rights are brutally suppressed;

Whereas Turkmenistan has committed political dissidents to psychiatric institutions;

Whereas in Turkmenistan President Niyazov is the object of a cult of personality, all political opposition is banned, all media are tightly censored, and only one political party, the Democratic Party, headed by President Niyazov, has been registered;

Whereas the OSCE's Office of Democratic Institutions and Human Rights (ODIHR), citing the absence of conditions for a free and fair election, refused to send any representatives to the December 1999 parliamentary elections;

Whereas President Niyazov subsequently orchestrated a vote of the People's Council in December 1999 that essentially makes him President for life;

Whereas in Uzbekistan under President Islam Karimov, no opposition parties are registered, and only pro-government parties are represented in parliament;

Whereas in Uzbekistan all opposition political parties and leaders have been forced underground or into exile, all media are censored, and attempts to disseminate opposition newspapers can lead to jail terms;

Whereas Uzbekistan's authorities have laid the primary blame for explosions that took place in Tashkent in February 1999 on an opposition leader and have tried and convicted some of his relatives and others deemed his supporters in court proceedings that did not correspond to OSCE standards and in other trials closed to the public and the international community;

Whereas in Uzbekistan police and security forces routinely plant narcotics and other evidence on political opposition figures as well as religious activists, according to Uzbek and international human rights organizations;

and Whereas the OSCE's Office of Democratic Institutions and Human Rights (ODIHR), citing the absence of conditions for a free and fair election, sent no observers except a small group of experts to the December 1999 parliamentary election and refused any involvement in the January 2000 Presidential election:

Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That the Congress--

(1) expresses deep concern about the tendency of Central Asian leaders to seek to remain in power indefinitely and their willingness to manipulate constitutions, elections, and legislative and judicial systems, to do so;

(2) urges the President, the Secretary of State, the Secretary of Defense, and other United States officials to raise with Central Asian leaders, at every opportunity, the concern about serious violations of human rights, including noncompliance with Organization for Security and Cooperation in Europe (OSCE) commitments on democracy and rule of law;

(3) urges Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan to come into compliance with OSCE commitments on human rights, democracy, and the rule of law, specifically the holding of free and fair elections that do not exclude genuine challengers, to permit independent and opposition parties and candidates to participate on an equal basis with representation in election commissions at all levels, and to allow domestic nongovernmental and political party observers, as well as international observers;

(4) calls on Central Asian leaders to establish conditions for independent and opposition media to function without constraint, limitation, or fear of harassment, to repeal criminal laws which impose prison sentences for alleged defamation of the state or public officials, and to provide access to state media on an equal basis during election campaigns to independent and opposition parties and candidates;

(5) reminds the leaders of Central Asian states that elections cannot be free and fair unless all citizens can take part in the political process on an equal basis, without intimidation or fear of reprisal, and with confidence that their human rights and fundamental freedoms will be fully respected;

(6) calls on Central Asian governments that have begun roundtable discussions with opposition and independent forces to engage in a serious and comprehensive national dialogue, on an equal footing, on institutionalizing measures to hold free and fair elections, and urges those governments which have not launched such roundtables to do so;

(7) calls on the leaders of Turkmenistan and Uzbekistan to condemn and take effective steps to cease the systematic use of torture and other inhuman treatment by authorities against political opponents and others, to permit the registration of independent and opposition parties and candidates, and to register independent human rights monitoring organizations;

(8) urges the governments of Central Asia which are engaged in military campaigns against violent insurgents to observe international law regulating such actions, to keep civilians and other noncombatants from harm, and not to use such campaigns to justify further crackdowns on political opposition or violations of human rights commitments under OSCE;

(9) encourages the Administration to raise with the governments of other OSCE participating states the possible implications for OSCE participation of any participating state in the region that engages in clear, gross, and uncorrected violations of its OSCE commitments on human rights, democracy, and the rule of law;

and (10) urges the Voice of America and Radio Liberty to expand broadcasting to Central Asia, as needed, with a focus on assuring that the peoples of the region have access to unbiased news and programs that support respect for human rights and the establishment of democracy and the rule of law.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Nebraska (Mr. Bereuter) and the gentlewoman from California (Ms. Lee) each will control 20 minutes. The Chair recognizes the gentleman from Nebraska (Mr. Bereuter).

Mr. BEREUTER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on this measure.

The SPEAKER pro tempore. Is there objection to the request of the gentleman from Nebraska? There was no objection.

Mr. BEREUTER. Mr. Speaker, I yield such time as he may consume to the gentleman from New Jersey (Mr. Smith), the author of this resolution with whom I have worked. I appreciate his great effort.

Mr. SMITH of New Jersey. Mr. Speaker, I thank the gentleman from Nebraska (Mr. Bereuter) for yielding me this time, and I want to thank him for his work in shepherding this resolution through his Subcommittee on Asia and the Pacific, and for all of those Members who have co-signed and cosponsored this resolution.

Mr. Speaker, this resolution expresses the sense of Congress that the state of democratization and human rights in the countries of Central Asia, Kazahkstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan, is a source of very, very serious concern.

In 1992, these States freely pledged to observe the provisions of the 1975 Helsinki Final Act and subsequent OSCE documents. The provisions contained in the 1990 Copenhagen Document commit the participating states to foster democratization through, among other things, the holding of free and fair elections, to promote freedom of the media, and to observe the human rights of their citizens.

Mr. Speaker, 8 years have passed since then, but in much of Central Asia the commitments they promised to observe remain a dead letter. In fact, in some countries the situation has deteriorated substantially. For instance, opposition political activity was permitted in Uzbekistan in the late 1980s. An opposition leader even ran for president in the December 1991 election.

In mid-1992, however, President Karimov decided to ban any manifestation of dissidence. Since then, no opposition movements have been allowed to function openly and the state controls the society as tightly as during the Soviet era.

An even more disappointing example is Kyrgyzstan. Once one of the most democratic Central Asian states, Kyrgyzstan has gone the way of neighboring dictatorships. President Akaev has followed his regional counterparts in manipulating the legal, judicial, and law enforcement apparatus in a way to stay in office, despite domestic protest and international censure. On October 29, he will run for a third term; and he will win it, in a pseudo-election from which all serious candidates have been excluded.

Throughout the region, authoritarian leaders have contrived to remain in office by whatever means necessary and give every sign of intending to remain in office as long as they live. Indeed, Turkmenistan's President Niyazov has made himself President for Life last December, and Kazakhstan's President Nazarbaev, who has extended his tenure in office through referenda, canceling elections, and staging deeply flawed elections, this summer arranged to have lifelong privileges and perks go his way. It may sound bizarre, but it may not be out of the realm of possibility that some of these leaders who already head what are, for all intents and purposes, royal families, are planning to establish what can only be described as family dynasties.

Certainly the worst offender is Turkmenistan. Under the tyrannical misrule of Niyazov, President Niyazov, his country is the only one-party state in the entire OSCE region. Niyazov's cult of personality has reached such proportions that state media refer to him as a sort of divine being, while anyone who whispers a word of opposition or protest is dragged off to jail and tortured.

Corruption is also rampant in Central Asia. Rulers enrich themselves and their families and a favored few, while the rest of the population struggles to eke out a miserable existence and drifts towards desperation. We are, indeed, already witnessing the consequences. For the second consecutive year, armed insurgents of the Islamic Movement of Uzbekistan invaded Uzbekistan and Kyrgyzstan. While they have been less successful than last year in seizing territory, they will not go away. Impoverishment of the populace fills their ranks with people, threatening to create a chronic problem.

While the most radical groups in Central Asia might have sought to create theocracies regardless of the domestic policies pursued by Central Asian leaders, the latter's marriage of corruption and repression has created an explosive brew. Mr. Speaker, finally let me say the leaders of Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan, and Turkmenistan seem to believe that U.S. strategic interest in the region, and the fear of Islamic fundamentalism, will keep the West and Washington from pressing them too hard on human rights while they consolidate power. Let us show them that they are wrong. America's long-term and short-term interests lie with democracy, the rule of law, and respect for human rights. So I hope that my friends and colleagues on both sides of the aisle will join in backing this important resolution.

Mr. BEREUTER. Mr. Speaker, I reserve the balance of my time.

Ms. LEE. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of this resolution. The post-Soviet independence of the Central Asian states has not panned out in the way that benefited the population of these countries. Instead, it created wealthy and often corrupt elites and impoverished the population. Although all of these newly-independent states have joined the OSCE and appear, at least on paper, to be committed to OSCE principles, in reality the leaders of these countries have consistently fallen back on their OSCE commitments.

The political development reinforced the Office of the President at the expense other branches of government. Parliaments are weak and the courts are not free. Presidents of some countries, such as Turkmenistan, have pushed laws through their rubber-stamp legislatures that extend their presidential powers for life. Other governments, like the government of Uzbekistan, have been using the justification of fighting terrorism and insurgency as a means to imprison and/or exile the opposition, censor the press, and control civic and religious activities.

On the other hand, some countries such as Kyrgyzstan and Kazakhstan have demonstrated varying degrees of progress. Until recently, opposition parties could function freely in Kyrgyzstan, while the OSCE agreed to Kazakhstan's 1999 parliamentary election, which they found falling short of international standards but, nevertheless, an improvement over the past. The stability of Central Asia is key to the stability of this region which borders on Afghanistan, Iran, China, and Pakistan. The governments of Central Asia cite the destabilizing influence of drugs and arms-trafficking from outside of their borders and the need to fight Islamic fundamentalism as justifications for their authoritarian regimes. 

Leadership: 
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    Central Asia remains a region with one of the worst record on religious freedom, and Uzbekistan and Turkmenistan are the two most repressive regimes in the entire OSCE region. I therefore want to thank Christian Solidarity Worldwide and the Open Society Institute for holding this event to shine a light on these two countries. I also want to say it’s a pleasure to be here today with Kimmo Kiljunen, my colleague from the Finish delegation. The U.S. Helsinki Commission, of which I am a part, has actively engaged all five “Stans,” and especially these two. With Uzbekistan, despite accepting OSCE commitments to the contrary, the Karimov regime continues its policies of prohibiting unregistered religious activities, jailing thousands of Muslims, and prohibiting the ability of individuals to share their beliefs. Since the Andijon killings last May, the regime has clamped down even harder on all freedoms, but especially religious liberties. Reports indicate that twelve churches have since been stripped of registration, thus making any religious activity “illegal” and subject to significant penalties. There is even concern that a pastor in Andijon may be sentenced to up to 10-20 years in jail for his church work, forcing him to flee the country. The suppression of independent Muslim activity continues unabated, with Forum 18 now reporting that authorities are attempting to stop Muslim schoolchildren from attending mosques. The United States has always recognized that Uzbekistan faces real threats from extremists operating behind the guise of religion and our efforts to urge moderation should never be construed as supporting their ideology or activities. While the tragic events in Andijon were not specifically related to religious freedoms, the spark that ignited the protests was the over zealous prosecution of an Islamic sect. I will therefore continue to urge Uzbekistan to bring its policies into conformity with its OSCE commitments on religious liberties and allow the free practice of religion for all. However, due to the deteriorating conditions for religious freedom, I also believe that sanctions under the International Religious Freedom Act, passed by the Congress in 1998, should also be considered by the State Department. In neighboring Turkmenistan, the Niyazov regime continues to limit the abilities of its citizens to fully enjoy their religious liberties. The recent arrest of local human rights defenders and their relatives on the eve of a European Parliament delegation visit graphically demonstrates the repressive and paranoid nature of the Niyazov regime. Despite some modifications in their laws regulating religious practice, Turkmenistan continues to prohibit unregistered religious activities and to harass both registered and unregistered communities. Independent Muslim and evangelical groups, the Russian Orthodox Church and the Catholic Church all continue to experience problems in obtaining registration and operating freely. The former grand mufti also remains jailed. I will continue to raise with Turkmen officials the need to end the ban on unregistered religious activity, to register all groups so desiring, and to end the harassment of all communities. Although there have been some modest reforms in the past, if Turkmenistan doesn’t restart the reform process, I also believe that sanctions under the International Religious Freedom Act may be warranted. Although this event focuses on religious freedom in Uzbekistan and Turkmenistan, I do want to comment on a current development in Kazakhstan regarding media freedoms. Kazakhstan does have a better record on religious freedom than these two other countries. However, I was very disappointed that President Nazarbaev signed into law yesterday a very problematic bill that could severely limit freedom of expression. Some of the troubling aspects of the new law include that it reportedly doubles the number of grounds on which authorities may deny a media outlet registration; creates unduly restrictive registration procedures for new media outlets and re-registration procedures for existing media companies; and provides authorities with further opportunities to censor critical media. Considering the criticism the bill received from international and domestic media groups, and considering that Kazakhstan wishes to chair the OSCE in 2009, I am distressed that the President would sign this flawed law into force. I therefore urge the Government of Kazakhstan to revise the new law to ensure that OSCE norms on media freedom are fully respected. In closing, I want to thank CSW and OSI for convening this event and I look forward to working with you all in the future. By working together, we can hopefully motivate Uzbekistan and Turkmenistan to moderate their oppressive policies towards religious freedom.

  • 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.    

  • Statement on Human Rights in Central Asia at the Carnegie Endowment for International Peace

    First, let me thank the organizers of this conference for inviting me to speak.  I applaud the co-sponsors for putting together this timely and sober gathering to mark the one-year anniversary of the Andijon events. I won’t bother talking to this audience about the human rights situation in Central Asia.  The State Department’s annual Country Reports on Human Rights Practices routinely characterize the human rights observance in each country as “poor.”   Some non-governmental organizations (NGOs) here today probably consider that too lenient, and I agree with them.   It’s not surprising that countries which emerged from 70 years of communism should have difficulties creating rule of law states.  But after 15 years of independence we should be seeing some separation of powers and a strong civil society.  Instead, we see “super-presidents,” who have overwhelmed legislatures and judicial systems.  Several have been in power for about 20 years, after rigged or canceled elections.  “Royal families” control the most lucrative sectors of the economy and the media. Of course, newspapers in Kazakhstan have more leeway than in Uzbekistan or Turkmenistan.  But even in Kazakhstan, reports on presidential misdeeds are taboo.    Only in Kyrgyzstan do we see a freer media and hope of more in the future.  And only in Kyrgyzstan is the president’s relationship with the other branches of power not yet set in a pattern of executive branch dominance.  Yet a Tulip Revolution was necessary last year to bring about change in Kyrgyzstan, which raises serious questions about prospects for evolutionary development toward democracy in Central Asia.   This brings us to Uzbekistan.  No Central Asian country worked harder during the last 15 years to develop good strategic relations with Washington and to counterbalance residual Russian influence. But the country’s terrible human rights record complicated the development of a closer relationship.  President Islam Karimov allows no opposition, torture is pervasive, for years human rights groups were unregistered, and Tashkent has waged war against Muslims who wanted to practice their faith outside state-approved channels.    Now, the Islamic Movement of Uzbekistan is a terrorist group affiliated with al-Qaeda, and Hizb-ut-Tahrir is virulently anti-Western and anti-Semitic.  But Karimov’s exclusive reliance on repression only exacerbates matters and has probably supplied cadres for radical and terrorist organizations.   After September 11, 2001, we needed Uzbekistan’s cooperation and Karimov was delighted to help.  Uzbekistan gave us a military base and the March 2002 agreement on strategic cooperation was signed in Washington.  We agreed to support Uzbekistan, and Uzbekistan pledged to move towards democracy. But Karimov only implemented the democratization commitments just enough for Tashkent and Washington to point to “progress.” Gradually, frustration grew on both sides.  It was just a matter of time before the arrangement collapsed.   People often date the breakdown of U.S.-Uzbek relations to the events that happened in Andijon on May 12 and 13, 2005. We did not condone the violent takeover of government buildings in that city.  But we condemned the indiscriminate shootings in the square that followed and when we called for an independent, international investigation, Karimov balked.    As we all know, he began to move against U.S. NGOs.  Few remain in Uzbekistan today.  Then we were unceremoniously booted out of the K-2 base.  But ties had actually soured long before, because Karimov saw the Stars and Stripes behind the Georgian, Ukrainian and Kyrgyz revolutions. Most alarming for Tashkent was the Tulip Revolution which proved that “people power” was possible in Central Asia.    Like President Putin, Central Asian leaders insist that a sinister hand, based in Washington but using American NGOs working in the region, plotted the downfall of Eduard Shevardnadze, Leonid Kuchma and Askar Akaev -- and is now gunning for them.  So a split has developed in Central Asia.  Kyrgyzstan, though plagued by criminality and sometimes seemingly chaotic, is better off than with the previous corrupt regime and well disposed towards the U.S.    Uzbekistan’s Karimov sees us as his greatest strategic danger; he has cracked down even harder and state-run media accuse us of trying to enslave Uzbekistan. Kazakhstan, Tajikistan and Turkmenistan are suspicious of our allegedly revolutionary goals but still want to maintain good ties – as long as they are not threatened by civil society.  And Kazakhstan and Turkmenistan surely assume that we want their oil and gas too much to stir the pot. What can we do about this?  How can we try to make things better, especially keeping in mind that U.S. influence is limited?   This week I will be re-introducing my Central Asia bill, to help ensure that the United States is doing everything possible to encourage these governments to respect human rights and democratization.  The act will also bring greater consistency to U.S. policy, creating a framework to guide our bilateral relations in Central Asia.   The Central Asia Democracy and Human Rights Promotion Act supports the President’s freedom agenda by providing $118 million in assistance for human rights and democracy training and $15 million for increased Radio Free Europe/Radio Liberty and Voice of America broadcasting.    The new Act will also establish a certification mechanism for the distribution of assistance to each government. The Secretary of State will determine whether each has made “significant improvements in the protection of human rights.”  This system will have a national security waiver and is modeled on the current system in Foreign Ops appropriations for Kazakhstan and expanded for all five countries.   In addition, considering the forced return of Uzbek refugees from Kyrgyzstan and Kazakhstan, the new Act will require the Secretary of State to report on whether any government is “forcibly returning Uzbeks or other refugees who have fled violence and political persecution.” This is modeled on language regarding Kyrgyzstan in Foreign Ops appropriations and expanded for all five countries.    Notably, my new legislation will create a sanctions section for Uzbekistan.  First, the bill concretizes into law the limitations already in place in Foreign Ops appropriations. The limitation prevents funding to the Uzbek Government unless the Secretary of State determines the government is “making substantial and continuing progress” towards respect for human rights and that the Uzbek Government begins a “credible international investigation” of Andijon.   In addition, the new Act mirrors European Union sanctions by establishing a visa ban and an export ban on munitions.  The sanctions section also establishes an asset freeze for Uzbek officials, their family members, and their associates implicated in the Andijon massacre or involved in other gross violations of human rights.   Ladies and gentlemen, it is hard to promote democratization in strategically important countries whose leaders want to keep all real power in their own hands. Our task is especially complicated by the fact that Russia – which has re-emerged as a major international player, thanks to sky-high oil prices – is working hard to undermine our efforts.  But I think the measures which I’ve outlined here in brief offer a good chance of achieving our goals.   Thank you for your attention.  I look forward to hearing the other participants’ views and your comments.   

  • 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.

  • From the Maidan to Main Street: Ukraine's Landmark Democratic Parliamentary Elections

    By Commission Staff While pundits attempt to sort out the political meaning of Ukraine’s March 26th parliamentary elections to fill the 450-seat Verkhovna Rada, the significance of the conduct of the elections should not be missed.  “Free and fair” was the resounding assessment of the OSCE-led International Election Observation Mission (IEOM) that also included observers from the OSCE Parliamentary Assembly, the Parliamentary Assembly of the Council of Europe, the European Parliament, the NATO Parliamentary Assembly, and the OSCE Office of Democratic Elections and Human Rights (ODIHR).  This unqualified positive appraisal – a first among the 12 former Soviet republics outside the Baltics that have conducted scores of elections since the 1991 breakup of the Soviet Union – underscores the consolidation of democratic gains made in Ukraine’s 2004 Orange Revolution following years of political stagnation. These clean March 26th elections stood in stark contrast to the fatally flawed first rounds of the Ukrainian presidential elections that ushered in popular revolt sixteen months earlier.  Coming on the heels of the blatantly undemocratic presidential “elections” in neighboring Belarus a week earlier, comparisons were inevitable.  The Rada elections also followed a series of recent electoral contests elsewhere in the former Soviet Union, including in Azerbaijan and Kazakhstan, which to varying degrees fell short of international standards.  The OSCE assessment in Ukraine returns the “free and fair” formulation to the lexicon of international election observations, departing from the heavily nuanced appraisals that have become common in recent years.  This development has potentially significant implications for future OSCE observations, especially with parliamentary and presidential elections expected in Russia in 2007 and 2008 respectively. Helsinki Commissioner Rep. Alcee L. Hastings, current President of the OSCE Parliamentary Assembly, was appointed by the OSCE Chair-in-Office to serve as Special Coordinator for short-term observers.  Commission staff observed on Election Day, as part of the IEOM deployment of 914 observers coming from 45 OSCE countries including Russia.  In all, the group examined voting and the vote count in nearly 3,000 polling stations.  The Commission contingent observed balloting throughout the Kiev and Cherkasy regions. The Ukrainian Government declined to invite observers from the Commonwealth of Independent States (CIS), an entity discredited in the eyes of many for its effusive praise of fundamentally flawed elections elsewhere in the former Soviet Union, including Belarus’ undemocratic March 19 presidential contest.  The CIS stood out for its sharply critical evaluation of Ukraine’s December 26, 2004 presidential elections that resulted in Victor Yushchenko’s victory in elections widely considered to have met democratic standards.  Ukraine has refused to participate further in CIS monitoring missions.  The two dozen Russian Duma observers present offered tempered, mixed opinions about the conduct of Rada elections.   Whatever shortcomings there were in these elections – and no undertaking of this scale is perfect – they appear to have resulted from late or otherwise poor planning.  Among these were delays in the formation of some district and precinct election commissions, the absence of a functioning Constitutional Court, long lines and crowding at some polling stations, and lingering inaccuracies in voter lists.  On the positive side of the balance sheet were the significantly freer media and decidedly more balanced media coverage; no systematic use of administrative resources; the transparent, consensual and professional administration of the elections at all levels; inclusion of domestic, non-partisan observers; and an overhaul of voter lists.        Election day began early with polling stations opening at 7:00 a.m.  There were over 34,000 polling stations.  Adding to the vibrancy of the elections was the large number of domestic observers, an indication of buy-in on the part of Ukrainians young and old alike with many affiliated with particular parties or candidates and others representing NGOs.  Upon entering the polling stations, one was struck by walls plastered with informational bulletins on candidates and parties.  Forty-five parties and blocs vied for seats in parliament.  While the international community was mainly focused on the parliamentary balloting, voting was also underway for regional and local government.  Voters were thus presented with four lengthy ballots: national and regional as well as local councils and mayoral races.  While some older voters were befuddled by this collection of papers, most voters seemed to take it in stride.  Election commission poll workers seemed attentive to their duties.  This was put to the test in the complicated tabulation process that began, once polling stations closed at 10:00 p.m., typically involving the sorting and counting of thousands of papers.  Processing the Rada results alone went into the wee hours of morning, with the three remaining stacks of ballots from other contests proceeding well past daybreak. The undeniable success of the domestic observation in these elections, buttressed by years of investment in training and support by the United States and others, raises obvious questions about the need for future international observations in Ukraine.  Has the time come to “graduate” Ukraine from such scrutiny and leave that necessary task to Ukrainian stakeholders themselves?  Many believe the March 26th elections confirm that that time has come, especially if Ukraine continues on its increasingly democratic trajectory.  The greater and more prominent role of domestic observers, also reinforces the notion that the time for Ukraine’s “graduation” has come.  Indeed, the OSCE should continue to encourage domestic stakeholders to prove themselves to their own people. The Maidan, Kiev’s Independence Square that featured so prominently in the massive demonstrations by orange-clad protesters in November 2004 and the jubilant crowds following Yushchenko’s victory a few weeks later, was calm on the Monday following the Rada elections.  Strolling past this bustling area, Ukrainians were going about their routines, perhaps an indicator that the politics of democracy has moved from the Maidan to the Main Streets of cities and towns throughout the country. Whatever the pundits may declaim regarding the election results or the continuing strength of the Orange Revolution, what seemed palpable was a keen appreciation for the business of governing.  Neither a democratic revolution nor a single “free and fair” election are guarantees that the resulting government will be in a position to immediately deal with the basic needs of its people.  Overcoming these obstacles will have a profound impact on how the next government meets the political and economic challenges Ukraine faces at home and abroad.                   What we can say with confidence is that the March 26th elections were a further essential step in the process of overcoming the legacy of the past – a history marred by foreign domination, genocidal famine, denial of political and cultural freedom, and more recently political stagnation.  Today, the people of Ukraine are removing the overgrowth of thorns – an image alluded to by the great poet Taras Shevchenko – that prevented them for so long from pursuing their own pathway to a brighter and more prosperous future.

  • Remarks by Hon. Christopher H. Smith on The Coalition for International Justice

    Mr. Speaker, it has come to my attention that a Washington-based non-governmental organization, the Coalition for International Justice, will close its offices this week after 10 years of service to the cause of justice around the world. Serving as Chairman and Co-Chairman of the Helsinki Commission for that same period of time, I have worked closely with the Coalition and seen the effect of its work. Ten years ago, the conflict in Bosnia and Herzegovina was a priority in U.S. foreign policy, a conflict in which numerous war crimes, crimes against humanity and genocide were committed. Many of us fought for the inclusion of basic justice as an element in our country's policy response, and an international tribunal was fortunately created for that purpose. At the time, however, support was lukewarm at best; many saw efforts to apprehend and bring to justice those responsible for heinous crimes as too far-reaching, perhaps unachievable, and potentially detrimental to efforts to end the conflict through diplomacy. The Coalition for International Justice was a tireless advocate of another view, one that saw no true peace, nor the resulting long-term stability, in Bosnia or anywhere else, without appropriate consideration of justice. Time has since shown how correct that view has been. Bosnia and Herzegovina has come a long way since the mid-1990s, in large part because those responsible for war crimes, crimes against humanity and genocide were instead removed from positions of authority and made accountable at the tribunal located in The Hague. Many of those people might still be at large had the Coalition, among others, not advocated a tough policy toward those powers who were harboring and protecting them. Many of us can remember the State Department's hesitancy, let alone that of many European foreign ministries, to these tough measures. Today, however, the United States maintains an effective conditionality on assistance to Serbia and, along with the European Union, on Serbia's integration efforts due to the particular failure to transfer Ratko Mladic to The Hague. Similar linkages apply to another at-large indictee, Radovan Karadzic. Representatives of the Coalition for International Justice participated in numerous briefings and hearings of the Helsinki Commission on this subject, and were always available to provide useful information when justice in the Balkans became part of our policy debates. The Coalition similarly assisted the international criminal tribunal established for Rwanda in its efforts to be fair, responsible and effective in the provision of justice. Its mandate later expanded to help the investigation and prosecutions process in East Timor, to establish a tribunal for Khmer Rouge crimes in Cambodia, and to create a Special Court for Sierra Leone. It helped track the finance of such notorious figures as Charles Taylor, Saddam Hussein and the Khartoum elites, in addition to Slobodan Milosevic and Radovan Karadzic. Most recently, the Coalition has been part of the international effort not just to hold those responsible for the genocide in Darfur accountable from the crimes already committed but to protect the civilian population there from continuing to be victimized. Mr. Speaker, I have appreciated the work of the Coalition for International Justice as a resource of accurate information, and as an advocate to a reasonable, practical approach to the sometimes controversial subject of international justice. While its board and staff may have concluded that the Coalition has largely accomplished the tasks it was created to address, they know, as do we, that horrible crimes continue to be committed against innocent people in conflicts around the world. I am confident that the dedicated individuals who made the Coalition such a success will continue, through other organizations and offices, in the struggle for international justice.

  • Freedom Denied: Belarus on the Eve of the Election

    Presidential elections in Belarus are scheduled to be held March 19, against the backdrop of stepped up repression by the regime of Alexander Lukashenka. The Belarusian strongman's power grab, begun a decade ago, has included liquidation of the democratically elected parliament, a string of fundamentally flawed elections and manipulation of the country's constitution to maintain power. A climate of fear following the disappearance of leading opposition figures in 1999 has continued with the harassment and arrests of opposition activists and the forced closure of independent newspapers. Rights violations in Belarus have intensified in the aftermath of the Orange Revolution in neighboring Ukraine, as the regime seeks to squelch dissent. The repressive environment has made it difficult for opposition candidates to engage in normal campaign activities. Meanwhile, administration of the elections at all levels remains firmly in the hands of Lukashenka loyalists.

  • Attack on Chasidic Synagogue in Moscow

    Mr. President, on January 11 of this year, at the Moscow Headquarters and Synagogue of Agudas Chasidei Chabad of the Former Soviet Union, a so-called "skinhead" attacked worshippers with a knife and wounded eight persons. I know that all Members of this body deplore this terrible crime and send our prayers and best wishes to all those injured during the assault. The victims of this senseless violence include Rabbi Isaac Kogan, who testified before an April 6 Helsinki Commission hearing I convened last year concerning Chabad's ongoing efforts to retrieve the Schneerson Collection of sacred Jewish texts from Moscow. The Rabbi is a noted refusenik who was appointed by the Lubavitcher Rebbe, Rabbi Menachem M. Schneerson, to be part of Agudas Chasidei Chabad of the Former Soviet Union. In addition to nurturing Judaism throughout the former USSR, that organization has fought tirelessly to win the return of the Schneerson Collection to its rightful owners in the United States. The entire U.S. Senate has twice petitioned the Russian leadership to release those holy texts.  As chairman of the Helsinki Commission, I have followed closely the issue of anti-Semitism and extremism around the world. Unfortunately, the brutal attack at the Agudas Chasidei Chabad synagogue fits what appears to be a rising trend of attacks on ethnic and religious minorities in Russia.  Let me present one disturbing statistic. According to an article in the Moscow News last year, the Moscow Human Rights Center reports that Russia has up to 50,000 skinheads with active groups in 85 cities. This is opposed to an estimated 70,000 skinhead activists throughout the rest of the world.  To make matters worse, there are indications that the police themselves are sometimes involved in racist attacks. Earlier this month, a Russian newspaper carried a story about the Moscow police assault of a passerby who happened to be from the North Caucasus. According to persons from the North Caucasus, such beatings are a common occurrence.  What was uncommon was the fact that the gentleman in question is a colonel in the Russian Army and an internationally known cosmonaut. Let me be clear, anti-Semitism, bigotry, extremist attacks and police brutality are not found only in Russia. Our own country has not been immune to these challenges to rule of law and human dignity.  Nevertheless, as Russia accedes to the chairmanship of the G-8 and the Council of Europe, there will be increased scrutiny of its commitment to internationally recognized standards of human rights practices. I urge the authorities in Russia to do everything in their power to combat ethnic and religious intolerance and safeguard the religious freedom and physical safety of all it citizens.

  • Democracy in Belarus

    Ronald J. McNamara led a lively discussion regarding Belarus’s, at the time, upcoming presidential elections in the spring of 2006. The briefing centred around Belarus’s “decade of dictatorship” under Aleksander Lukashenko, a ruler who has disposed of past opposition, silenced independent voices and manipulated the political system to illegally maintain his hold on power in Belarus. In lieu of the upcoming presidential elections, repression in Belarus intensified. Aldis Kuskis, Barbara Kudrycka, and Harald Gunther commented on the significant common ground in policy toward Belarus on both sides of the Atlantic.  Kuskis and Kudrycka described the European Parliament’s most broadcasting initiative regarding Belarus while Gunther spoke on behalf of the presidency of the European Union. The briefing addressed interferences with the signature collection process candidates need to register. Authorities harassed activists gathering signature for opposition candidates, making the pre-election environment less conducive to a free and fair election process. 

  • Missed Opportunity in Kazakhstan: Fraud and Intimidation Spoil Election Promised to be “Free and Fair”

    By H. Knox Thames, Counsel On December 4, the Republic of Kazakhstan held its third presidential election. The results released by the Central Election Commission showed President Nursultan Nazarbayev winning 91.15% of the vote, with his most serious competitor, Zharmakhan Tuyakbay, a former Speaker of Parliament and now leader of the opposition alliance For a Fair Kazakhstan, receiving just 6.61%.  Despite promises from President Nazarbayev that the election would be free and fair, the observation mission for the Organization for Security and Cooperation in Europe (OSCE) stated that the election “did not meet a number of OSCE commitments and other international standards for democratic elections.” Dynamic Culture – Stagnant Politics Over the past decade and a half, Kazakhstan’s political climate has stagnated, as President Nazarbayev has gradually consolidated power.  If he finishes his third term, he will have ruled Kazakhstan for almost a quarter of a century. President Nazarbayev oversees a vast country, the ninth largest in the world, stretching from the steppes of Siberia to the Altai Mountains to the Caspian Sea.  Kazakhstan is also where the Muslim and Slavic Christian worlds meet – its 15 million citizens are reportedly 47% Muslim and 44% Russian Orthodox.  The country is incredibly diverse; according to the 1999 census, 53% of the country is ethnic Kazakh and 30% ethnic Russians, with Ukrainians, Uzbeks, Germans, Tatars, Uygurs, and others composing the rest of the population. Mr. Nazarbayev was first elected chairman of the Kazakh Supreme Soviet (Supreme Kenges) in February 1990. In December 1991, just a few weeks after Kazakhstan declared its sovereignty from the Soviet Union, Nazarbayev ran unopposed in Kazakhstan’s first direct presidential elections, winning a reported 98% of the vote.  For the second presidential election in 1999, the OSCE declined to send a full observation mission to protest the exclusion of opposition candidates and pre-election conditions that “clearly and substantially” did not meet OSCE commitments.  Nazarbayev won a reported 80% of the vote in an election the OSCE assessment mission said “fell far short” of OSCE standards. Other elections have also received failing grades from international observers, including the most recent election in September 2004 for the lower house of parliament.  The OSCE observation mission concluded “the election process fell short of OSCE commitments and other international standards for democratic elections in many respects.”  While opposition parties in previous Kazakh parliaments had held multiple seats, the September 2004 election resulted in only one seat going to a party not affiliated with the government (which the party refused to take in a show of protest). Also of note is the 1995 constitutional referendum arranged by President Nazarbayev, which drastically increased the powers of the president and continued Nazarbayev’s domination of the Kazakh political scene.  The referendum removed most checks and balances from the Kazakh system of government, as now only the president can appoint heads of regions and cities (as opposed to direct elections), initiate constitutional amendments, dismiss the government, and dissolve parliament. Pre-election Climate Considering the failure of past Kazakh elections to meet international standards, the December 4 vote presented President Nazarbayev and his government with a prime opportunity to show Kazakhstan could live up to its freely undertaken international commitments. With Kazakhstan publicly expressing interest in the 2009 Chairmanship of the OSCE and positive pre-election statements by President Nazarbayev, expectations were high that the election would be free and fair. There were some improvements from past elections, and the OSCE worked closely with the Government of Kazakhstan to improve the election law.  Election lists were published, multiple candidates were allowed to run for office, and all five candidates were given time on state television and space in newspapers.  Amendments to the election code were made in 2004 after consultations under the OSCE Round Table Process.  However, the OSCE continued to maintain that the election law required “further improvement to fully meet OSCE commitments for democratic elections.”  Additional amendments were passed in April 2005, but instead of bringing the law into harmony with OSCE standards, the amendments were described by the OSCE as having the “opposite effect.”  Most striking was Article 44.6 of the Election Code that prohibited protesting by voters and political parties from the conclusion of the election campaign until the official publication of the results. Other problems persisted in the election run up, with candidates and their party members being assaulted during campaign stops, campaign literature being seized and destroyed, opposition parties being repeatedly denied permission to hold campaign events in central locations, and the government refusing to allow the OSCE to review the programming codes for electronic voting.  NGOs reported on the politically motivated use of Article 318 of the Criminal Code, which penalizes a person who “insults the honor and dignity of the president.”  On May 5, 2005, the Ministry of Culture, Information and Sport closed the independent newspaper Respublika (“Republic”) under questionable circumstances, and later that month ordered the seizure of 1,000 copies of its successor newspaper, Set’Kz (“Kz Network”).  Soz (“Voice”) and Zhuma Tayms Data Nedeli (“Friday Times – Week’s Data”) have also faced government efforts to close them down. Violations on Election Day The author was one of 460 observers from 43 countries participating in the joint observation mission of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), the OSCE Parliamentary Assembly, the Parliamentary Assembly of the Council of Europe, and the European Parliament.  The author observed polling stations in the rural Ilysky District north of Almaty, the largest city and former capital of Kazakhstan. Significant problems occurred on the day of the election, with the author witnessing violations in half of the polling stations visited. Contraventions included voter fraud with individuals permitted to cast multiple ballots; intimidation by uniformed police or persons believed to be connected with security agencies; irregularities in the opening of a polling station preventing monitors from ascertaining the number of blank ballots apportioned, as they were counted offsite the day before; invalid ballots issued to voters without required polling station member signatures; and unfair campaign materials of the incumbent inside some polling areas. These were not isolated events, as the OSCE found similar problems, including unauthorized persons interfering in polling stations; cases of multiple voting; ballot box stuffing; pressure on students to vote; tampering with result protocols.  The OSCE preliminary report stated, “While candidate registration was mostly inclusive and gave voters a choice, undue restrictions on campaigning, harassment of campaign staff and persistent and numerous cases of intimidation by the authorities, limited the possibility for a meaningful competition.”  The vote count was also marred, with the OSCE giving negative assessments in 27% of stations monitored. The head of the OSCE/ODIHR long-term observer mission, Ambassador Audrey Glover, expressed regret that the Kazakh authorities did not provide “a level playing field for a democratic election, whereby the candidates enjoyed equal treatment and opportunities to campaign so that voters could make an informed choice. This is despite assurances from the president that the election would be free and fair.” U.S. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) drew a similar conclusion: “President Nazarbayev has once again made it obvious that he is not concerned about meeting Kazakhstan’s obligations under the Helsinki Process.  It is quite clear that the promises of the Kazakh Government to hold free and fair elections that meet internationally recognized standards remain empty.” U.S. Policy in Response When Secretary of State Condoleezza Rice visited Astana in October, she spoke of the importance of the upcoming election: “Kazakhstan has an unprecedented opportunity to lead Central Asia toward a future of democracy and to elevate U.S.-Kazakhstani relations to a new level.”  Since 1995, Kazakhstan has experienced a steady deterioration of civil and political rights, in direct contrast to the significant economic reforms taken on by the government.  The limitations have come legislatively – the 1995 constitutional referendum, the 2005 election law amendments; the 2005 law on extremism; the 2005 amendments to the media law; the other 2005 “national security” amendments – and through government actions.  The election could have reversed this negative trend, but instead only continued it. The ramifications of the flawed election vote will be varied, but will certainly impact Kazakhstan’s bid for the OSCE chairmanship.  As U.S. Helsinki Commission Chairman Sam Brownback (R-KS) concluded, “Kazakhstan’s desire to lead the OSCE in 2009 has been undermined by the conduct of these elections.”  Co-Chairman Smith added, “The massive fraud, intimidation and outright abuse of power are blatantly inconsistent with a government seeking to lead the premier human rights organization in Europe.”  The election also raises the question of whether Kazakhstan’s desire to host an OSCE meeting on tolerance in 2006 should be considered. At the bilateral level, the U.S./Kazakh relationship will not necessarily change, but there is nothing in which to justify the elevation Secretary Rice spoke of.  U.S. officials identified the three strategic interests in Kazakhstan – energy, security and expanding freedom through reform – with a clean election being key, if Kazakhstan wanted to pull closer to America.  Unfortunately, the government flouted this simple and straightforward indicator, signaling that Astana is not interested.  The United States should recognize this and hold firm, while continuing to push for democratization and human rights. The other U.S. strategic interests of energy access and security can also be met, even if the status quo holds and the bilateral relationship remains more terrestrial.  It is in Kazakhstan’s national interest to continue its expansion of access to hydrocarbons – oil and gas are the foundations for its Asian Tiger-like economic success.  In addition, roughly one-third of foreign investment in Kazakhstan reportedly comes from U.S. companies.  Considering Kazakhstan’s WTO ambitions, Kazakhstan must continue to positively engage the U.S. economically.  Lastly, concerning security, President Nazarbayev will continue to be a partner in the war on terror, at least in Central Asia, as in the past extremist cells have operated in the more lawless regions of his country and probably continue to do so. Conclusion The unquestioned popularity of Mr. Nazarbayev does not excuse the conduct of the election – in fact, it begs the question of why his government allowed these blatant and unnecessary violations.  President Nazarbayev has demonstrated the ability to implement difficult policies when he has the political will to do so.  Kazakhstan, for instance, has made tough reforms in the economic sphere, which are often more painful than democratic reforms, especially in former communist countries making the transition from command economies to capitalism. If the president were serious about wanting to elevate Kazakhstan’s relations with the United States, he could have ensured a proper vote. Kazakhstan was positioned to anchor a new “corridor of reform,” but the recent election unfortunately demonstrates that President Nazarbayev has no desire to grow democracy in his country.  The negative trend for respect of civil and political rights and the consolidation of state power will most likely continue.  As Secretary Rice said during her Astana trip, “History also teaches us that true stability and true security are only found in democratic regimes.  And no calculation of short-term interest should tempt us to undermine this basic conviction.”  Therefore, for the United States to maintain its credibility in the region, it must not ignore the conduct of the election and the events of the past year.  The United States should stand ready to expand its relationship, but only when Kazakhstan shows real interest in expanding domestic rights at home.

  • Remarks by Benjamin L. Cardin Urging the Russian Federation to Withdraw Legislation Restricting the Establishment of Nongovernmental Organizations

    Mr. Speaker, I rise in support and as a cosponsor of H. Con. Res. 312, to urge the Russian Government to alter or withdraw the proposed legislation affecting nongovernmental organizations, NGO's, operating in Russia. The Russian legislation would severely restrict foreign assistance to NGO's in Russia and would also force existing Russian NGO's to reregister with the government.   The draft Russian bill raises a number of serious concerns, and may violate Russia's commitments to the OSCE. Several hundred thousand nongovernmental organizations currently operate in Russia, representing all sections of society. By forcing all NGO's to reregister, the Russian Government will have the power to subjectively deny registration to some organizations and limit the activities of others. This legislation strikes at the heart of basic democratic freedoms: the right of individuals to freely associate and participate in society. Some of the provisions in this bill would also increase the oversight of financial auditing of NGO's, which the government could use to place restrictions on opposition groups.   Just months ago, the Russian President Vladimir Putin outlawed any foreign funding of political parties in Russia. This legislation goes further and affects human rights groups and other NGO's who are only seeking to improve the nature of Russia's civil society. Foreign organizations would be required to register as legal Russian entities, seriously hindering their attempts to promote democracy and accountability in Russia. Many organizations which have conducted prominent and important human rights work in Russia since the collapse of the Soviet Union would see their activities curtailed under the Russian bill, which may lead to the partial or complete closure of critical offices inside of Russia.   Last month, the State Duma in Russia approved the first reading of the bill by 370 to 18 votes, despite more than 1,000 NGO's appealing for the Duma to reject it. This Friday, December 16, the Duma has scheduled a second reading of the bill. As the ranking member of the Helsinki Commission, I have worked closely with Commission Cochairman Chris Smith in opposition to this bill. The Helsinki Commission sent a bipartisan, bicameral letter in November--which I cosigned--to the Chairman of the Russian State Duma urging the rejection of this legislation. In particular, the letter emphasized the importance that nongovernmental organizations play in civil society and in fulfilling Russia's obligations as a democratic state and member of the international community.   Russia has made great strides since the end of the Cold War. There were serious concerns that Russia would not have a smooth transition to a fully functioning democracy. I am gravely concerned about recent developments in Russia. President Putin himself has said that “modern Russia's greatest achievement is the democratic process (and) the achievements of civil society." I therefore call on President Putin and the State Duma to be true to their word and reject this bill, to reaffirm their commitment to the democratic process and civil society.

  • Remarks by Benjamin L. Cardin on Recommending Integration of Croatia into NATO

    Mr. Speaker, I am pleased to support this resolution as the ranking member of the Helsinki Commission. I visited Croatia in 2000, shortly after new leadership came into power, and I was confident of the country's commitment to reform. I believe, 5 years later, we have seen that the people of Croatia truly are committed to reform.   Of particular interest to me as a determinant of U.S. policy toward southeastern Europe has been the degree to which countries cooperate with the International Criminal Tribunal for the former Yugoslavia, located in The Hague. While Croatia has had a generally good record in this regard, the Gotovina case remained as a blot on that record. Fortunately, with Gotovina's recent apprehension on Spain's Canary Islands, Croatia can put this issue behind it.   I hope, however, that the people of Croatia will view the work of the Tribunal as a necessary step to determine guilt or innocence, and that Croatian courts will similarly seek justice regarding cases relating to war crimes and crimes against humanity that it considers, regardless of who was responsible for these crimes and who were the victims.   I also call for all remaining indictees to be apprehended and transferred to The Hague, in particular Ratko Mladic and Radovan Karadzic. The House made a similar call earlier this year when passing the resolution marking the massacre at Srebrenica in Bosnia. There has been some progress this year, but both Bosnian Serb and Serbian authorities need to do more. Otherwise, they will fall further behind in European and Euro-Atlantic integration to their own detriment.

  • Religious Freedom in Uzbekistan and Turkmenistan

    Hon. Chris Smith, Co-Chairman of the Helsinki Commission, highlighted key policies of repression by Uzbekistan such as refusing registration for religious groups seeking legal status and perpetrating acts of aggression against members of these groups, and emphasized the lack of religious freedom for practicing Muslims in the country. Additionally, recent violations of religious freedom in Turkmenistan in spite of attempts at reform were evaluated. Witnesses testifying at the hearing - Witness One, a Baptist from Turkmenistan; Felix Corley, Editor of Forum 19 News Service; John Kinahan, Assistant Editor of Forum 19 News Service; and Joseph K. Grieboski, President of the Institute on Religion and Public Policy – presented personal testimonies and illustrated the importance of addressing the commitments of the governments of Turkmenistan and Uzbekistan to upholding religious freedom as members of the Organization for Security and Cooperation in Europe.

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