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Report: The Elections in Albania
Thursday, April 04, 1991

Taken as a whole, the Albanian elections cannot be considered free and fair. This does not mean, however, that the irregularities, intimidation and other problems encountered were necessarily sufficient to invalidate the results. The Party of Labor may well have won a majority of seats even if the election environment had been more free and fair, although it is questionable whether it would have still achieved the two-thirds benchmark critical for passing constitutional changes. Nevertheless, the very holding of these multi-party elections was a definite step forward.

In the post-election period, the Democratic Party has refused to join the Party of Labor in any government coalition and has boycotted the Assembly until the perpetrators of a post-election crackdown on demonstrators which left several dead are identified.

One of the most important and unanswered questions at present is the situation within the Party of Labor. Marty hard line leaders won election to the Assembly, but the current· President and Party First Secretary, Ramiz Alia, lost his seat, raising questions as to whether he can still lead the party and, if elected the new President as expected, will remain a powerful head of state.

With or without further reform efforts, additional unrest can be expected in Albania. The country is now open to contact with the rest of the world and in dire need of foreign economic assistance. However, a slowdown in the pace of change -- let alone any rollback in the reforms undertaken to date -- will certainly be resisted by the population, the youth in particular, lead tonew waves of people seeking to leave the country and discourage foreign governments from extending any economic assistance other than purely humanitarian aid.

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  • The Referendum in Chechnya

    Mr. Speaker, last Sunday, while the world's eyes were focused on the momentous events taking place in Iraq, a constitutional referendum was held in the war-torn region of Chechnya. The referendum was held as part of the Russian Government's attempt to “normalize” the situation in that tortured part of Russia's North Caucasus.   For the last ten years, Chechnya has been the scene of a bloody war between armed Chechen rebels and Russian military forces. Hostilities were precipitated in late 1994 when, in the wake of Chechnya's attempt to secede from the Russian Federation, Russian military forces launched a full-scale assault on the Chechen capital of Grozny. There was a restive peace from 1996 until the summer of 1999, when the armed clashes erupted anew. The roots of this conflict go back to Tsarist conquests in the 19th century and Stalin's brutal deportation of the Chechen people to Central Asia during World War II. Unfortunately, certain radical Islamic militant elements linked to international terrorism have become involved on the Chechen side, though the State Department has stressed that not all Chechens are terrorists.   Despite Moscow's repeated claims that heavy-handed Russian tactics in Chechnya are part of the war against global terrorism, the situation is far more complex. Many Chechens have taken up arms against what they believe is a repressive colonial power and wish to see Chechnya as an independent state that will be able to make the critical choice regarding the future of its people. As is so frequently the case, the civilian population has suffered terribly from the war. While both sides are guilty of violations of international humanitarian law, the Russian military and special operations units have been responsible for numerous and well-documented instances of gratuitous, brutal and mass violence against the civilian population.   During my years in the leadership of the Commission on Security and Cooperation in Europe, the Commission has conducted eight hearings and briefings on Chechnya. Witnesses, including a nurse who was present in a Chechen town where some of the worst atrocities by Russian forces took place, have described the appalling fate of the civilian population.   According to the U.S. State Department's Country Reports on Human Rights Practices for 2001, “The indiscriminate use of force by government troops in the Chechen conflict resulted in widespread civilian casualties and the displacement of hundreds of thousands of persons, the majority of whom sought refuge in the neighboring republic of Ingushetia. Attempts by government forces to regain control over Chechnya were accompanied by the indiscriminate use of air power and artillery. There were numerous reports of attacks by government forces on civilian targets, including the bombing of schools and residential areas.” The report continues: “Command and control among military and special police units often appeared to be weak, and a climate of lawlessness, corruption, and impunity flourished, which fostered individual acts by government forces of violence and looting against civilians.” Among the examples of such lawlessness and impunity in the Country Reports were “...reports of mass graves and 'dumping grounds' for victims allegedly executed by Russian forces in Chechnya” and “cleansing” operations directed against guerrillas but resulting in deaths and the disappearance of non-combatants.   The State Department points out that Chechen forces also committed serious abuses: “According to unconfirmed reports, rebels killed civilians who would not assist them, used civilians as human shields, forced civilians to build fortifications, and prevented refugees from fleeing Chechnya. In several cases, elderly Russian civilians were killed for no apparent reason other than their ethnicity.”   Against this unsettling backdrop, with an estimated 100,000 internally displaced persons living in refugee camps in neighboring Ingushetia, and under the guns of approximately 80,000 Russian soldiers in Chechnya, the Chechen people have reportedly voted overwhelmingly for the proposed new constitution. Nevertheless, it is difficult to believe that a genuine assessment of the public will would have been determined under such circumstances. I would ask the same question I asked in a Helsinki Commission press release over a month ago: “Are we supposed to believe that this referendum will stabilize Chechnya while armed conflict between the Russian military and Chechen fighters continue to produce death and destruction?'”   The well-respected Russian human rights group, Memorial, has charged that Chechens were pressured to vote with the threat of losing their pensions or humanitarian aid. A joint assessment mission of the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe stated that “no group has been able to campaign officially against the referendum in the mass media or distribute literature arguing against the referendum,” although some opposition opinions were voiced in the media. Incidentally, in the concluding communique of the 1999 Istanbul OSCE Summit, the Russian Government agreed that all sides should seek a political solution to the conflict, and avail themselves of the assistance of the OSCE. This commitment was seriously undermined when the Russian government evicted the OSCE Assistance Mission to Chechnya at the end of last year.   Mr. Speaker, the Bush Administration has stated that “...we hope [the referendum] can be the basis for a political solution to that tragic conflict.” I find that rather optimistic. The Russian Government might better instruct its military to stop terrorizing the civilian population, prosecute human rights violators and rebuild Chechnya. Then perhaps it would not have to hold referenda in Chechnya under armed guard.

  • Turkey's Post-Election Future Focus of Helsinki Commission Briefing

    By Chadwick R. Gore CSCE Staff Advisor The United States Helsinki Commission held a briefing November 14 which examined Turkey’s future after the drastic shift in Turkey’s Grand National Assembly following the November 3rd elections. The Justice and Development Party (AKP) received just 34 percent of the popular vote, but gained two-thirds of the seats in the 550-seat Assembly. Forty-five percent of Turkey’s population voted for political parties that did not meet the 10 percent requirement for representation in the new parliament. The political flux has been likened to an earthquake as 88 percent of the newly elected officials are new to parliament, and the roots of the AKP and its leadership can be traced to former, but now illegal, Islamist parties. These factors have raised concerns in and outside of Turkey about the country’s political, democratic, economic and social future. Abdullah Akyüz, President of the Turkish Industrialist and Businessmen’s Association (TÜSÝAD), emphasized the significance of timing and outcome of the recent election. Turkey’s election of a party with a Muslim leader, the fragility of Turkey-EU relations, Turkey-Cyprus relations and the situation in Iraq all create apprehension about Turkey’s future. The election, which resulted in single party leadership, came at a very complex and crucial time for Turkey. While accession into the European Union (EU) is felt by many to be paramount to Turkish stability, Akyüz felt Turkey must address these issues immediately to make itself more attractive to the EU. Mr. Akyüz and Jonathan Sugden, Turkey Researcher for Human Rights Watch (HRW), stressed expressed the importance of EU accession for the economic and democratic development of Turkey. Sugden stated the EU Copenhagen summit in December is “a make or break date” for Turkey. According to Sugden, two main objectives need to be completed to give Turkey a better chance for negotiations with the EU: (1) The government needs to enact the new draft reform law on torture, reducing and eradicating torture from the Turkish law enforcement system; and, (2) Four imprisoned Kurdish parliamentarians [Layla Zana, Hatip Dicle, Orhan Dogan, and Selim Sadak] need to be released or at least given the chance to appeal their cases with adequate legal counsel. Once passed, the legislation to provide legal counsel to detainees immediately upon their detention would place Turkey ahead of several European nations, including France, regarding the right for the accused to have prompt access to counsel. Sanar Yurdatapan, a musician and freedom of expression activist, commented that “Turkey must become a model of democracy to its neighbors by displacing the correlation of Islam and terrorism and diminish the influence of the military in domestic affairs.” The AKP must prove it is committed to democracy and development and not a religious agenda, according to Yurdatapan. Recep Tayyip Erdogan, leader of AKP, has shown signs that his party will attempt to live up to that commitment. Tayyip recently stated that accession to the EU is his top priority. Yurdatapan was most concerned with Turkish citizens gaining domestic freedoms, especially freedom of expression. Other concerns were raised about possible military intervention in domestic affairs. Historically, when the military feels the government is moving away from secularism toward a religious government, the military has stepped in and changed the government. This influence and subtle control of the military from behind the scenes is something that must be overcome if Turkey is to continue to democratize. Another important issue discussed at the briefing was the developing situation between the US and Iraq. Both Akyüz and Yurdatapan voiced concern about the adverse effects of war on Turkey. They were quick to point out that the Gulf War is still very fresh in Turkey’s memory. The Gulf War burdened Turkey with economic downturn and recession, as well as political and humanitarian problems with the Kurds. The Turkish people are very concerned that a new war would have similar effects, severely damaging Turkey’s aspiration for EU accession. If indeed there is a war, Turkey hopes to receive substantial compensation from the United States for economic losses. No one said what exactly Turkey will look like in the next four years, but progress and stability during that period are real possibilities. Yet, the concerns are strong and legitimate due to the several factors on which Turkey’s future depends. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. Helsinki Commission intern Shadrach Ludeman contributed to this article.

  • Democracy and Human Rights Trends in Eurasia and East Europe: A Decade of Membership in the Organization

    The ten-year anniversary of the collapse of the Union of Soviet Socialist Republics (USSR), an original signatory to the 1975 Helsinki Final Act, fell in 2001. The following year marked another milestone, perhaps less widely noted: the passage of a decade since the entry of the Eurasian and East European States into the Organization for Security and Cooperation in Europe (OSCE), which embraces all of Europe, the former Soviet Union, the United States and Canada. Membership in the organization is predicated on the acceptance of certain bedrock principles of democracy, a wide array of human rights commitments and modern norms of statecraft, including respect for the rule of law and promotion of civil society. This report conducts a review of Eastern European and Eurasian countries' records on these commitments over the course of the decade following the Soviet Union's collapse.

  • Democracy and Human Rights Trends in Eurasia and East Europe: A Decade of Membership in the Organization

    The ten-year anniversary of the collapse of the Union of Soviet Socialist Republics (USSR), an original signatory to the 1975 Helsinki Final Act, fell in 2001. The following year marked another milestone, perhaps less widely noticed: the passage of a decade since the entry of the Eurasian and East European States into the Organization for Security and Cooperation in Europe (OSCE)*, which embraces all of Europe, the former Soviet Union, the United States and Canada. Membership in the now 55-nation organization is predicated on the acceptance of certain bedrock principles of democracy, a wide array of human rights commitments and modern norms of statecraft, including respect for the rule of law and promotion of civil society. Each of the OSCE participating States, including those examined in this report, has committed to “build, consolidate and strengthen democracy as the only system of government of our nations.” Similarly, the participating States have declared that “human rights and fundamental freedoms are the birthright of all human beings, are inalienable and are guaranteed by law. Their protection and promotion is the first responsibility of government. Respect for them is an essential safeguard against an over-mighty State.” In a step designed to preserve the unity of the Helsinki process, each new participating State submitted a letter accepting in their entirety all commitments and responsibilities contained in the Helsinki Final Act, and all subsequent documents adopted prior to their membership (see Appendix I). To underscore this continuity, the leaders of each of the countries signed the actual original Final Act document (see Appendix II).

  • Turkey: After the Election

    Mr. Donald Kursch, Senior Advisor of the Commission on Security and Cooperation in Europe, on behalf of Chairman Hon. Campbell and Co-Chairman Hon. Smith, moderated this briefing on  Turkey's post-election future. The briefing promoted the U.S. partnership with Turkey in the post-election environment. The elections had all the characteristics of what could be described in the United States as political earthquake. New political forces, led by Mr. Recep Erdogan's Justice and Development Party (AK Party), had won a decisive victory, while long-term fixtures on the Turkish political scene had been obliged to relinquish political power. The process in which these changes have taken place appeared to be totally consistent with the fundamental principles of democracy that both Turkey and the United States strongly endorse, yet the changes were so sweeping that the Commission also felt the need to make a special effort to determine their meaning for Turkey and its future relationship with US. Mr. Kursh was joined by Mr. Abdullah Akyuz, Mr. Sanar Yurdatapan, and Mr. Jonathan Sugden, an expert on Turkish affairs with Human Rights Watch.

  • Turkey: What Can We Expect After the November 3 Election?

    This briefing addressed the November 3 elections, which were held during a rather turbulent time in Turkey. Turkey’s Justice and Development Party (AKP) led by Recep Tayyip Erdogan, a former mayor of Istanbul, won an unprecedented 34.27 percent of the votes in Turkey’s legislative election while the Republican People’s Party (CHP), led by Deniz Baykal, received 19.39 percent of the votes and won 178 seats in the next Parliament. Witnesses testifying at this briefing – including Abdullah Akyuz, President of the Turkish Industrialist’s and Businessmen’s Association, U.S. Representative Office; Sanar Yurdatapan, Musician and Freedom of Expression Advocate; and Jonathan Sugden, Researcher for Turkey with Human Rights Watch – addressed the massive recession face by Turkey and the concern of another war with Iraq. The effect, if any, on the rise of Islamist parties in Turkish politics is yet another concern. All of this following the recent snub by the European Union regarding Turkish accession, and increasingly bleak prospects for a resolution of the Cyprus impasse.

  • Prospects for Change in Turkey

    Mr. Speaker, I wish to extend my congratulations to the people of Turkey for their elections held on November 3. Witnessing the peaceful change of government is a change that is significant for both Turkey's citizens and for their neighborhood. Many of Turkey's neighbors need to see that such a transfer of power is possible, for the people of these countries have for too long suffered under the illusion that they must live with their repressive regimes that maintain power through undemocratic means.   It is also important to keep in mind that the Turks, seen by some as a model for the countries of Central Asia, are not new kids on the block--former President Demirel was an original signer of the 1975 Helsinki Final Act. As Co-Chairman of the Commission on Security and Cooperation in Europe (the Helsinki Commission), I have followed closely the developments in Turkey . With a particularly keen interest in the protection of human rights which has such an impact on the lives of individual men, women and children, I continue to be concerned about the ongoing use of torture, violations of religious freedom and threats to civil society.   Through the ballot box, the Justice and Development Party, known as the AKP, received 34.3 percent of the vote, giving them a clear majority of 363 seats in the 550-seat Turkish Grand National Assembly. This entitles the AKP, led by former Istanbul Mayor Recep Tayyip Erdogan, to govern without sharing political power. He will not be without challenges to his authority though.   On November 8, the anniversary of the death of the Turkish reformer Kemal Ataturk, General Hilmi, Ozkok issued a statement vowing "to protect the republic against all types of threats, especially fundamentalism and separatist activities,'' reiterating strongly the military's view of itself as the historical guarantor of Turkey's secular system. Mr. Speaker, while the transition appears peaceful, it is not without its strains and stresses, even with the potential of the military stepping in like it has done repeatedly in the past. We can only hope that is not the outcome of this transition.   As an original participating State of the Organization for Security and Cooperation in Europe (OSCE), Turkey has accepted a broad range of human rights obligations. As head of the U.S. delegation to the OSCE Parliamentary Assembly, I have worked with my parliamentary colleagues from Turkey to encourage protection for these commitments. With a new government not obligated to continue the ways of the old, there is a welcome opportunity for such initiatives to be undertaken.   There are a few specific matters that I urge the incoming government to address without delay. Four Kurdish members of the Grand National Assembly have been in prison since March 1994. I call upon the new government to free Layla Zana, Hatip Dicle, Orhan Dogan, and Selim Sadak and remove the trumped-up charges from their records. They were convicted for, among other things, speaking their mother tongue in and out of the parliament building. As Mr. Erdogan himself has said, such convictions should not stand.   Also, past efforts to return the hundreds of thousands of internally displaced Kurds to their homes in southeastern Turkey have proven ineffectual. The government should take concrete steps to ensure that refugees are allowed to return to their own homes in safety and dignity, which may well require the clearing of land mines and repairing of villages.   Mr. Speaker, without reciting the lengthy list of Turkey's human rights violations, including the use of torture, it is fair to say that Turkey's record of implementation of OSCE human dimension commitments remains poor. While progress has been made, the authority of police officials must be checked by the rule of law. All claims of torture must be seriously investigated, no matter where the investigation leads. It is important that anyone who commits torture--especially police, the security forces or other agents of the state--must be taken to court and tried for high crimes. The Forensic Medical Association should be allowed to carry out its professional responsibilities and act without fear in its attempts to document torture. Victims of torture should be paid due recompense by the state.   I am very concerned about the continuing difficulty no-governmental organizations face throughout Turkey, particularly the Human Rights Foundation of Turkey. The Human Rights Foundation exists in an uncertain environment, with arbitrary shutdowns and having its officials harassed, intimidated or arrested. Property has been seized and not returned.   Religious freedom in Turkey, whether for Muslims or other religious communities, had suffered from heavy-handed government involvement and control. The government allows Turkish Muslims to only attend state-approved mosques, listen to state-funded Imams, and receive religious education from state-funded schools. The Directorate of Religious Affairs, which regulates all of Turkey's 75,000 mosques and employs Imams, has been criticized for only promoting Sunni branch of Islam. I would encourage the new government to bring to a close its regulation of all religious institutions.   The wearing of headscarves has also been regarded as quite controversial since it is seen as a religious totem in a secular state. Women who choose this expression of religious conviction are denied the ability to attend state-run universities and work in public building, including schools and hospitals. The public sharing of religious belief in Turkey with the intent to persuade the listener to another point of view is severely curbed for both Muslims and Christians. A number of evangelical Protestant groups throughout Turkey have reported being targeted because of their religious free speech, which contradicts OSCE commitments on religious liberty and freedom of expression.   Turkey's Office of Foundations has contributed its own difficulties for faith communities, as it has closed and seized properties of "official'' minority religious groups and unrecognized faith communities. Several religious groups, most notably the Armenian Apostolic and Greek Orthodox churches report difficulties, particularly on the local level, in repairing and maintaining existing buildings or purchasing new buildings. The continued closure of the Orthodox seminary on Halki Island remains a concern.   Furthermore, religious groups not considered "official minorities'' under the Lausanne Treaty are provided no legal route to purchase or rent buildings to meet, and are thereby forced to hold meetings in private apartments. In response, provincial governorships, after receiving a letter from the Ministry of Internal Affairs last year, have initiated efforts to close these meeting places, leaving the smaller Protestant communities without any options. The lack of official recognition is an insurmountable hurdle for minority religious groups wishing to practice their faith as a community.   Turkey is at a critical crossroads. I am hopeful that the new government will take this opportunity to move forward, and craft policies which are consistent with OSCE commitments and protective of all peoples living in Turkey.

  • Human Rights and Inhuman Treatment

    As part of an effort to enhance its review of implementation of OSCE human dimension commitments, the OSCE Permanent Council decided on July 9, 1998 (PC DEC/241) to restructure the Human Dimension Implementation Meetings periodically held in Warsaw. In connection with this decision - which cut Human Dimension Implementation Meetings from three to two weeks - it was decided to convene annually three informal supplementary Human Dimension Meetings (SHDMs) in the framework of the Permanent Council. On March 27, 2000, 27 of the 57 participating States met in Vienna for the OSCE's fourth SHDM, which focused on human rights and inhuman treatment. They were joined by representatives of OSCE institutions or field presence; the Council of Europe; the United Nations Development Program;  the United Nations High Commissioner for Refugees;  the International Committee of the Red Cross; and representatives from approximately 50 non-governmental organizations.

  • Human Rights and Security Issues in the Republic of Georgia

    Mr. Speaker, on September 24, the Helsinki Commission held a hearing on democracy, human rights and security in the Republic of Georgia. Despite the progress that country has made in the development of civil society, in the last few years much of the optimism about Georgia's future has dissipated. Last year, a Georgian official devoted a large part of his public address in Washington to refuting the notion--which was being discussed at the time--that Georgia is a "failed state.'' I reject that characterization, but the hearing offered a good opportunity to discuss the serious problems Georgia does face.                                                Preeminent among them is systemic, rampant corruption, which has impeded economic reforms and sickened the body politic. Despite lectures from the International Monetary Fund, the World Bank and the U.S. Government, the Georgian Government has proved incapable or unwilling to do what is necessary to stamp out this multidimensional problem--even though President Shevardnadze himself has called corruption a threat to Georgia's security. There are also grounds for concern about democratization. The last few elections have clearly not met OSCE standards, which raises questions about the important parliamentary election scheduled for 2003, and the 2005 presidential election that will usher in the post-Shevardnadze era in Georgia, with all the attendant uncertainties. Meanwhile, the media and NGOs have been under severe pressure. Last fall, a foolish ploy by the Ministry of Internal Affairs to intimidate Rustavi-2 Television backfired, resulting instead in the fall of the government. While society's response was heartening--thousands of people came out into the streets to defend the station--the attempt to silence one of the country's most popular media outlets indicated that some Georgian officials are still mired in Soviet patterns of thinking. Especially appalling is the ongoing religious violence in Georgia. Since 1999, there has been a campaign of assaults against members of minority faiths, especially Jehovah's Witnesses, which Georgian authorities have tolerated. Occasionally, policemen have even participated in attacks on defenseless men, women and children who have congregated for the purpose of worship. Attempts to bring the perpetrators to justice have foundered, as throngs of fanatics hijack the trial proceedings. If such travesties are allowed to continue, the country's entire judicial system is at risk of falling victim to mob rule. Though Jehovah's Witnesses have borne the brunt of this savagery, other religious minorities have suffered as well, including Baptists, Pentecostals and Catholics. Earlier this year, for example, a mob invaded a Baptist warehouse, threw the religious literature outside and burned it. How awful to think that events in Georgia today remind us of Germany in the 1930s! Georgians have a long tradition of religious tolerance, of which they are rightly proud. It is all the more puzzling, therefore, why religiously-based violence has erupted and continued only in Georgia, of all the post-Soviet states. The leadership of the Helsinki Commission and other Members of the House and Senate have been in correspondence with President Shevardnadze about this disturbing trend. He has assured us that the problem will be corrected and the perpetrators arrested. Georgia's Ambassador, Levan Mikeladze, testified at the September 24 hearing and suggested that Georgia has so little experience with religious persecution that it has been difficult to cope with its sudden emergence. He too offered assurances that Georgia fully recognizes the gravity of the problem and that legal and practical actions are being taken to ensure there will be no more violent attacks. Alas, extremists in Georgia must not have been listening. Since the September 24 hearing, more assaults have taken place. The next day, some 15 extremists of the ultra-Orthodox "Jvari'' organization in Rustavi forcibly entered a private home where Jehovah's Witnesses and their non Witness guests had gathered for Bible study. Two Witnesses and one non-Witness visitor were physically assaulted. On September 26, in the village of Napareuli, masked men with firearms burst into a private home where meetings were underway, beating those in attendance and ransacking the house. Most striking, eyewitnesses claim the attack was led by the village administrator, Mr. Nodar Paradashvili, who beat one of the victims into unconsciousness. In a third incident, on September 29, a mob gathered outside the residence of a Jehovah's Witnesses in Tbilisi. They refused to let others enter the premises where a meeting was to be held, seized Bibles and literature from the group, verbally abusing those arriving for the meeting and assaulting at least one person. In all three cases, police reportedly refused to intervene after learning that the incidents involved attacks on Jehovah's Witnesses--as has often been the case in Georgia. Mr. Speaker, there may be many explanations for this peculiar phenomenon but there can be no excuse for state toleration of such barbarity. It must end, and it must end now. Though such attacks have been one reason for Georgia's prominence in the news lately, more attention has been focused on Moscow's campaign of intimidation against Georgia. Russia has been leaning on pro-Western, strategically-located Georgia for years, but the temperature has in the last few weeks approached the boiling point. President Putin's request for United Nations backing for Russian military action against Georgia was not any less objectionable for having been anticipated. I have been watching with growing alarm as Russia ratchets up the pressure on its small neighbor. Georgian parliamentarians on September 12 unanimously approved an appeal to the United Nations, the OSCE, the European Union, the Council of Europe, and NATO for protection from anticipated Russian military aggression. Georgian lawmakers should know that their American colleagues have heard their appeal and stand with them. While we are cooperating with Russia in the war against terrorism, we have in no way given Moscow leave to attack Georgia, nor will we do so. The United States is now more than ever directly engaged in the Caucasus and is stepping up military cooperation with the region's governments, especially Georgia. While we have many issues of concern to raise with Georgia's Government, when it comes to Georgia's sovereignty and territorial integrity, there is no more ardent supporter than the United States. That has been the case for the last ten years, and it will be the case in the future as well.

  • Commission Hearing Surveys State of Ethnic Relations in Kosovo

    By Bob Hand, CSCE Staff Advisor The Helsinki Commission held a hearing June 19, 2002 on the prospects for ethnic harmony in Kosovo amidst recent reports of ongoing human rights abuses against minority groups. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing. Commissioner Senator George V. Voinovich (R-OH) also participated. "Vandalizing or bombing churches is not just wrong, it is beneath the dignity of any Albanian who suffered under the Milosevic regime," Smith said, stressing that "revenge is not justice." He condemned the inexcusable acts of repression brought upon Albanians during the former Yugoslav President's rule. Co-Chairman Smith appealed for cooperation among all parties involved and called for fostering a climate of tolerance. Leaders within Kosovo, within minority communities, and in the Yugoslav Government have a crucial role to play, Smith noted. Senator Voinovich expressed alarm over the human rights situation in Kosovo. He cited a joint report from the Organization for Security and Cooperation in Europe (OSCE) and the office of the United Nations High Commissioner for Refugees (UNHCR) on continuing areas of concern. Quoting from the report, Voinovich said, "I could not agree more with a statement made in that report: ‘Only when Kosovo's minorities feel confident in their long-term future and when all of Kosovo's displaced persons are able to exercise the choice to return to their homes, feeling assured of their safety and confident in their ability to assess institutions and participate in social, economic and political life in Kosovo on a nondiscriminatory basis will it be possible to say that the situation of minorities in Kosovo is successful.'" Based on his observations during a trip to Kosovo earlier this year, Voinovich underscored the continuing need for U.S. engagement. He concluded that the situation in the divided city of Mitrovica, where ethnically-motivated attacks persist, and along the Kosovo-Macedonian border need to be resolved through cooperation and discussion. Testifying before the Commission were Dr. Alush Gashi, representing President Ibrahim Rugova's Democratic League of Kosova in the Kosovo Parliament; Rada Trajkovic, leader of the Kosovo Serb "Return" Coalition within the Parliament; Valerie Percival, the Kosovo Field Representative for the International Crisis Group (ICG); and Deputy Prime Minister of Serbia Nebojsa Covic. Dr. Gashi expressed gratitude for the United States' leadership and promised to work with the international community to ensure that all Kosovars have equal national and human rights. He noted that Serbs currently participate in all levels of government and institutions. Further integration, however, is hindered by a Serb population that has so far refused to distance itself from Belgrade's brutal assault on Kosovar Albanians, which included numerous atrocities and 650 mass graves not yet exhumed. "The reality is that Kosovar-Albanians cannot get from Belgrade even the dead bodies of their members of families, and at this same time we are asking them to welcome live Serbs," Dr. Gashi testified in an emotional plea. Dr. Gashi acknowledged the right of Serbs to return to their homes in Kosovo. He also voiced strong opposition to "Belgrade's interference in [the] United Nations mission administration [UNMIK] in Kosovo." Dr. Trajkovic addressed a primary concern of the Kosovo Serb population, describing the fundamental unresolved issue as "the wish of the Albanians that Kosovo be exclusively their state and the wish of the Serbs that Kosovo remains part of their state." Dr. Trajkovic detailed a situation whereby the Albanian majority seeks the "Albanization and not multi-nationalization" of Kosovo. In this way, Kosovar Albanians dominate the hospitals, the universities, the media, and even the transportation sector, creating a highly segregated and polarized society. Islamic extremists, who go unpunished, are attempting to "wipe out the foundations of a civilization" by destroying churches, headstones, and cultural monuments, Trajkovic added. Ms. Percival discussed the ICG's recently released report on Kosovo, noting that Mitrovica is a "frequent flashpoint for confrontation and a source of instability." Attacks and reprisals are commonplace. Offering a multi-track plan of action, Percival recommended that the international community take four specific steps: pressure Belgrade to end its policy of incitement and continued support for parallel institutions; encourage the rule of law; establish a specially administered area in the north where Kosovar Serbs live; and promote UNMIK's transparency. Deputy Prime Minister Covic defended the right of Serbs in Kosovo to be free from "inexcusable persecution". "In Kosovo and Metohija, whatever the final solution might be, our desire is to have a strong and successful multi-ethnic society," Covic asserted. Covic said ethnic Serbs continue to flee Kosovo, in response to worrisome figures on the number of killings of Serbs, attacks, and missing persons. Kosovar leaders have shunned a bi-lingual society, inter-ethnic tolerance, unbiased police and an independent judiciary in favor of extremism, Covic maintained. Co-Chairman Smith, concerned about reports of pervasive criminality in Kosovo, raised the issues of missing persons, human trafficking, and perpetuation of parallel institutions. Ms. Percival said that UNMIK, in cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY), continues to exhume bodies from mass graves and is making efforts to account for missing persons. Though UNMIK established a trafficking and prostitution unit, the witness protection program is very weak. Mr. Covic responded that Yugoslav authorities are working hard to identify remains and find missing persons, noting the wide disparity between estimates of missing Albanians and Serbs. He added that Yugoslavia takes the issue of human trafficking very seriously and that anti-trafficking legislation is pending in Belgrade. Dr. Gashi labeled Yugoslav support for parallel institutions as an attempt to sabotage UNMIK's institutions. To calm the psychological insecurity, the Serbs have to demonstrate the will to work with us, Gashi testified. Mr. Covic stressed that parallel institutions were not created by the current Yugoslav authorities and once the Serbs' basic human rights in Kosovo are met, there will be no need for parallel institutions. Dr. Gashi reiterated his commitment to equal rights, an open civil society, and cooperation. In response to concerns raised, he indicated that a strong consensus exists among Kosovars opposing the destruction of Serb property and violence against Orthodox nuns and lay people in Kosovo. In light of the OSCE/UNCHR report, all witnesses agreed to its generally accurate portrayal of the situation and reasonable recommendations. Urging all parties to move forward, Senator Voinovich pressed for more information on allegations that Belgrade is "meddling" in the governance of Kosovo. Commissioners Smith and Voinovich pledged to continue their support for U.S. and international engagement to help resolve pressing issues in Kosovo. Any perpetrator of a human rights violation in Kosovo needs to be held accountable, Smith concluded. The hearing came to a close after Co-Chairman Smith recognized Daniel Serwer of the United States Institute for Peace (USIP) for a few closing remarks. Serwer stressed the need to support the creation of an infrastructure in which the next Kosovo parliament can effectively operate. USIP had recently hosted in Virginia a session on inter-ethnic cooperation among Kosovo parliamentarians. Thirty of the participants attended the hearing. An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission's Web site, http://www.csce.gov. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives, and one official each from the Departments of State, Defense, Commerce. United States Helsinki Commission intern Derek Politzer contributed to this article.

  • Introduction of Belarus Democracy Act

    Mr. Speaker, I am introducing today the Belarus Democracy Act of 2002, which is intended to help promote democratic development, human rights and the rule of law in the Republic of Belarus, as well as encourage the consolidation and strengthening of Belarus’ sovereignty and independence. When measured against other European countries, the state of human rights in Belarus is abysmal – it has the worst record of any European state. Through an illegitimate 1996 referendum, Alexander Lukashenka usurped power, while suppressing the duly-elected legislature and the judiciary. His regime has blatantly and repeatedly violated basic freedoms of speech, expression, assembly, association and religion. The fledgling democratic opposition, non-governmental organizations and independent media have all faced harassment. There are credible allegations of Lukashenka regime involvement in the disappearances – in 1999 and 2000 – of opposition members and a journalist. There is growing evidence that Belarus is a leading supplier of lethal military equipment to rogue states. A draft bill is making its way in the Belarusian legislature that would restrict non-traditional religious groups. Several days ago, on June 24, two leading journalists were sentenced to two and 2 ½ years, respectively, of “restricted freedom” for allegedly slandering the Belarusian President. Despite efforts by Members of Congress, the Helsinki Commission which I co-chair, the State Department, various American NGOs, the Organization for Security and Cooperation in Europe (OSCE) and other European organizations, the regime of Alexander Lukashenka continues its hold onto power with impunity and to the detriment of the Belarusian people. One of the primary purposes of this bill is to demonstrate U.S. support for those struggling to promote democracy and respect for human rights in Belarus despite the formidable pressures they face from the anti-democratic regime. The bill authorizes increases in assistance for democracy-building activities such as support for non-governmental organizations, independent media – including radio and television broadcasting to Belarus, and international exchanges. The bill also encourages free and fair parliamentary elections, conducted in a manner consistent with international standards – in sharp contrast to recent parliamentary and presidential elections in Belarus which most assuredly did not meet democratic standards. As a result of these elections, Belarus has the distinction of lacking legitimate presidential and parliamentary leadership, which contributes to that country’s self-imposed isolation. In addition, this bill would impose sanctions against the Lukashenka regime, and deny high-ranking officials of the regime entry into the United States. Strategic exports to the Belarusian Government would be prohibited, as well as U.S. Government financing, except for humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs. The bill would require reports from the President concerning the sale or delivery of weapons or weapons-related technologies from Belarus to rogue states. Mr. Speaker, finally, it is my hope that this bill will help put an end to the pattern of clear, gross and uncorrected violations of OSCE commitments by the Lukashenka regime and will serve as a catalyst to facilitate Belarus’ integration into democratic Europe in which democratic principles and human rights are respected and the rule of law prevails.

  • Joseph Limprecht, U.S. Ambassador to Albania

    Mr. Speaker, we have received the news that United States Ambassador to Albania, Joseph Limprecht, died suddenly of a heart attack on Sunday, May 19, 2002, while hiking with his wife and colleagues in northern Albania.   Although I did not have the opportunity to meet Ambassador Limprecht, I did correspond with him on an issue of mutual concern--the trafficking of Albanian women and children into sexual slavery in Europe.   With porous borders and more than its share of criminals, Albania is used by traffickers as a key transit point to Italy. As a source country, young Albanian women are lured into the hands of traffickers and even kidnaped from their home towns or villages. The Ambassador was well aware of this tragedy and pressed for greater law enforcement to stop trafficking networks as well as greater assistance to the victims. Indeed, in keeping with the point of my correspondence with him, the Ambassador made sure U.S. assistance would go to a shelter for repatriated Albanian trafficking victims similar to one created for women found in Albania and waiting to be repatriated to their country of origin.   Beyond that, the Ambassador worked hard in the three years he spent in Albania in helping the country recover from its many ills, in particular the civil strife which tore the country apart in 1997. Given Albania's vulnerability to militant Islamic infiltration, I am sure that the war on terrorism was in the forefront of his duties in recent months.   Ambassador Limprecht was a member of the Senior Foreign Service, having served with the U.S. Foreign Service since 1975, with postings in Germany, Pakistan and Uzbekistan as well as in Washington. In the 1980s, he served in the office which handled what was then the Conference on Security and Cooperation in Europe and now the OSCE, and worked with the staff of the Helsinki Commission which I had just joined and now serve as Co-Chairman.   My deepest condolences go to the Ambassador's wife, Nancy, their daughters Alma and Eleanor, friends and colleagues.

  • Commission Staff Observes Ukrainian Elections

    By Orest Deychakiwsky, CSCE Staff Advisor United States Helsinki Commission staff observed the March 31, 2002 parliamentary elections in Ukraine as part of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly contingent of the OSCE-led International Election Observation Mission (IEOM). Half of the deputies to the 450-member parliament were elected from party lists and the other half from single-mandate districts. Six parties passed the 4 percent threshold necessary to be seated in the party list vote, with reformist former Prime Minister Viktor Yushchenko’s Our Ukraine bloc winning the most votes. In the single-mandate district voting, the pro-presidential For United Ukraine bloc obtained the largest number of seats. Both the OSCE and the U.S. State Department concluded that the March 31 elections indicated progress over the 1998 elections, but “important flaws persist.” In its April 1 press conference in Kyiv, the IEOM declined to prepare a final analysis before post-election procedures are concluded, and promised to return to Ukraine within a month to follow up, after watching how election authorities and the judiciary perform while tabulating and publishing results and adjudicating disputes. Positive elements cited included a new Election Law that took into account OSCE/ODIHR recommendations from previous elections; improvements in the mechanism to address election disputes, with clearer complaint and appeals procedures; multi-party commissions; the engagement of civil society in the electoral process; and greater access by candidates and parties to the media through TV debates, free air time and paid advertising. On the negative side, media coverage was biased and state-funded television gave disproportionate coverage to pro-presidential candidates. Other problem areas included abuses of state resources in the election campaign, interference by local authorities, and a campaign sullied by the murders of two candidates, and other isolated instances of violence, including one just a few days before the elections. Compared to previous elections, the level of pressure by government officials and workers to campaign in support of the main pro-presidential party, including direct pressure on individuals to vote for specific candidates, had significantly increased. The abuse of state resources created an uneven playing field and the main beneficiary of such violations was the pro-presidential bloc For a United Ukraine. Despite these advantages, pro-presidential parties did not do all that well in the party-list vote, and several did not even surpass the four percent threshold required for inclusion in the Verkhovna Rada (parliament). Furthermore, the two opposition parties garnered more votes than expected, securing for themselves seats in the new parliament. According to the IEOM, there were also shortcomings in the implementation of the legal framework, including uneven enforcement of provisions on violations of electoral rights, the lack of deadlines, and clear definitions regarding candidate de-registration and campaigning. According to the OSCE experts, these weaknesses derived from the inability of the Rada and the President to agree on amendments to the Administrative Code, so, in effect some of the positive provisions of the Election Law could not be enforced. Another problem was the lack of reliable voter lists – outdated information, including voters who had moved to other districts, left the country, or are deceased – and the widespread practice of issuing absentee ballots to voters unrelated to their place of residence. Voter lists may be amended up until election day; however, voters cannot be included in the registers of their place of residence on election day without a judicial decision. Voters were added to registers and allowed to vote – without the required court order– in about one third of polling stations visited by international observers. Voting day During the polling on voting day, the most serious problems were violations of the secrecy of the vote and voters added to registers in apparent contravention of the law. OSCE staff observed the elections in Lviv oblast in western Ukraine. Most polling stations visited by Commission staff were run efficiently, in a calm atmosphere, and commission members seemed hard-working and dedicated. Furthermore, there were numerous party, candidate and domestic observers. In a minority of polling stations staff witnessed incompetence, chaos, overcrowding, inadequate facilities – usually premises that were much too small and had an inadequate number of voting booths. Overcrowding was responsible for the violation most frequently observed – voting outside of booths – but there appeared to be no element of intimidation here. Instead, voters simply did not feel like waiting in long lines. According to the non-partisan domestic observer group Committee of Voters of Ukraine (CVU), 15 % of voters were unable to vote due to overcrowding or poor facilities. Also, CVU estimated that one third of precincts were not able to conduct the elections in an organized manner. Despite the uneven playing field and violations with respect to the vote tabulations in a number of single-mandate constituencies, generally, the elections reflected the will of the voters. The actual results did not differ significantly from the results of several exit polls. Results and What Next The results indicate a country divided into three broad political orientations. Our Ukraine, the center-right, pro-reform, pro-Western coalition headed by Yushchenko, took the most seats in the party-list vote. The Communists garnered 20 percent of the party-list vote, clearly indicating their continued downward trend with each passing election. For the first time since Ukraine became independent in 1991, they will not constitute the largest political grouping in the Rada. In third place in the party-list vote was the pro-presidential For a United Ukraine, which had benefitted the most from the authorities’ abuses of state resources in the campaign. This bloc, however, had a strong showing in the single-mandate district voting, and will almost certainly end up with the largest number of overall deputies, especially as their numbers will be expanded with those who ran as “independents.” No one political grouping will have a viable majority in parliament; hence, will need to make concessions with other groupings to act. The pro-presidential For a United Ukraine may be compelled to team up with Yushchenko’s Our Ukraine to form a government and pass pro-reform legislative initiatives. With this kind of political configuration, shifting alliances may be more likely than any kind of solid coalition. As a result, cautious moves towards economic and political reform rather than sweeping changes are more likely. Nevertheless, judging by the results, the Ukrainian people are increasingly endorsing a pro-European, pro-market, pro-democratic orientation.

  • Ukraine Elections Resolution

    Mr. President, today the Senate, with bipartisan support, moves to consider S. Res. 205, a resolution urging the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31 parliamentary elections. I appreciate Chairman Biden and Senator Helms’ support in committee and the leadership for ensuring timely consideration of this important resolution. In adopting S. Res. 205, the United States Senate expresses interest in, and concerns for, a genuinely free and fair parliamentary election process which enables all of the various election blocs and political parties to compete on a level playing field. While expressing support for the efforts of the Ukrainian people to promote democracy, rule of law, and human rights, the resolution urges the Ukrainian government to enforce impartially the new election law and to meet its OSCE commitments on democratic elections. I want to underscore commitments undertaken by the 55 OSCE participating States, including Ukraine, to build consolidate and strengthen democracy as the only form of government for each of our nations. Mr. President, the Commission on Security and Cooperation in Europe, the Helsinki Commission, which I chair has monitored closely the situation in Ukraine and has a long record of support for the aspirations of the Ukrainian people for human rights and democratic freedoms. A recent Commission briefing on the parliamentary elections brought together experts to assess the conduct of the campaign. High level visits to Ukraine have underscored the importance the United States attaches to these elections in the run up to presidential elections scheduled for 2004. As of today, with less than two weeks left before the elections, it remains an open question as to whether the elections will be a step forward for Ukraine. Despite considerable international attention, there are credible reports of various abuses and violations of the election law, including candidates refused access to media, the unlawful use of public funds and facilities, and government pressure on certain political parties, candidates and media outlets, and a pro-government bias in the public media. Ukraine’s success as an independent, democratic, economically successful state is vital to stability and security and Europe, and Ukraine has, over the last decade, enjoyed a strong relationship with the United States. This positive relationship, however, has been increasingly tested in the last few years because of pervasive levels of corruption in Ukraine and the still-unresolved case of murdered investigative journalist Georgiy Gongadze and other issues which call into question the Ukrainian authorities’ commitment to the rule of law and respect of human rights. Mr. President, Ukraine enjoys goodwill in the United States Senate and remains one of our largest recipients of U.S. assistance in the world. These elections are an important indication of the Ukrainian authorities’ commitment to consolidate democracy and to demonstrate a serious intent regarding integration into the Euro-Atlantic community. Thank you, Mr. President.

  • Kyrgyzstan's Release of Azimbek Beknazarov

    Mr. Speaker, yesterday authorities in Kyrgyzstan released Azimbek Beknazarov, a parliamentarian who had been in jail since January 5. The decision was made after disturbances in the Ak-Su District of Jalal-Abad, Mr. Beknazarov’s native region in southern Kyrgyzstan. In an unprecedented outburst of violence on March 17, six people were killed and scores wounded when police opened fire on demonstrators. Mr. Beknazarov has pledged not to leave the area and his trial has been postponed indefinitely while the authorities and the public catch their breath and reassess the situation.   The incident and the events leading up to it are alarming--not only for Kyrgyzstan but for the United States, which is now basing troops in the country and expects to be in the region for the foreseeable future. Despite attempts by some Kyrgyz officials to pin the blame on a mob of demonstrators fired up by alcohol, the real cause of the bloody riot was popular discontent with an unresponsive government reaching the boiling point.   Kyrgyz authorities have accused Mr. Beknazarov of improperly handling a murder case when he was an investigator in a district prosecutor’s office years ago. In fact, it is widely believed that Beknazarov’s real transgression was to suggest that Kyrgyzstan’s parliament discuss the country’s border agreement with China, which would transfer some territory from the tiny Central Asian state to its giant neighbor.   This is reflective of Akaev’s intensified efforts to consolidate his power while cracking down on dissent and opposition. In February 2000, President Akaev rigged the parliamentary election to keep his main rival--Felix Kulov, who had served as Vice President and in other high-level positions--from winning a seat in the legislature. The observation mission of the Organization for Security and Cooperation in Europe (OSCE) openly questioned the results in Kulov’s district, and said the election had fallen far short of international standards. Subsequently, Kulov was arrested and could not participate in the October 2000 presidential election, in which Akaev faced no serious contenders and was easily re-elected.   Kulov is serving a 7-year jail term and now faces new criminal charges. Amnesty International considers him a political prisoner. Last December I chaired a hearing of the Helsinki Commission which focused on the deterioration of human rights in Kyrgyzstan. Mr. Kulov’s wife was able to attend the hearing and offered her perspective on the current political climate in her country.   The independent and opposition media in Kyrgyzstan have also been under severe pressure, usually in the form of libel cases which official authorities use to fine newspapers out of existence so they cannot report on corruption. In January 2002, the authorities issued Decree No. 20, which would introduce mandatory official inventory and government registration of all typographical and printing equipment, while imposing stricter controls on its imports. Decree No. 20 would also threaten U.S. Government plans to establish an independent printing press in Kyrgyzstan. Furthermore, the decree will be used against religious groups, both Muslim and Christian, by blocking their ability to produce religious material and by calling for an “auditing” of all religious communities that create publications. While the pretext of the decree is to combat “religious extremists,” the decree has clear implications for religious communities out of favor with the government, as well as with opposition groups. The State Department has urged Kyrgyzstan to repeal Decree No. 20 but so far, Bishkek has stubbornly refused.   So when legislator Azimbek Beknazarov was arrested on January 5, his colleagues in parliament, members of opposition parties and human rights activists reacted strongly to the latest step in an ongoing campaign to clamp down on civil society. Since January, hundreds of people, including parliamentarians, have gone on hunger strikes to demand his release. Protests and demonstrations have continued throughout, which the police have either ignored or roughly dispersed. The U.S. Government, the OSCE and international human rights groups have called for Beknazarov’s release, but President Akaev, hiding behind the fig leaf of “executive non-interference in judicial deliberations,” contends that the case must be decided by the courts. His position is an absurd pretense in a country where the courts are under state influence, especially in sensitive political cases. More to the point, this stance is simply no longer credible, considering the widespread belief that Beknazarov’s imprisonment was politically motivated and the public’s lack of confidence in the government’s good faith.   Finally, pent-up tensions exploded two days ago, when demonstrators and police clashed, with tragic consequences. Kyrgyz officials have accused organizers of unauthorized pickets and rallies of responsibility for the violence. In an address to the nation, President Akaev described the events as “an apparent plot [in which] a group of people, including prominent politicians, staged unauthorized mass rallies simultaneously.” He said the events were “another move in the targeted activities of opposition forces to destabilize the situation in the country. They have been engaged in these activities for the last few years.”   Mr. Speaker, I would contend that the riots in Jalal-Abad Region were the predictable outcome of frustration and desperation. Askar Akaev, by falsifying elections and repressing freedom of expression, has made normal politics impossible in Kyrgyzstan. A long-suffering populace, which has seen its living standard plummet while corrupt officials grow rich, has signaled that enough is enough. The authorities have heard the message and now have to make a critical decision: either to try to find a common language with society or to crack down. If they choose the former, Kyrgyzstan may yet realize its promise of the early 1990s; if they choose the latter, more confrontations are likely, with unpredictable ramifications for Kyrgyzstan and its neighbors.   The United States has a real stake in the outcome. We are in Central Asia to make sure terrorists cannot use the region to plan attacks on us or recruit new members. But all the region’s states are led by men determined to stay in power indefinitely. This means they cannot allow society to challenge the state, which, in turn, insures that discontented, impoverished people with no other outlets could well be attracted by radical ideologies.   We must make it plain to President Akaev that we are serious when we declare that our war on terrorism has not put democracy and human rights on the back burner. And we must insist that he implement his OSCE commitments, as well as the pledge he made in last month’s bilateral Memorandum of Understanding with the United States. That document obligates Kyrgyzstan to “confirm its commitment to continue to take demonstrable measures to strengthen the development of democratic institutions and to respect basic human and civil rights, among which are freedom of speech and of the media, freedom of association and public assembly, and freedom of religion.”   The events earlier this week have given us a wake-up call. We had better understand properly all its implications.

  • Resolution Urging Ukraine to Ensure a Democratic, Transparent and Fair Election Process

    Mr. Speaker, today the House moves to the timely consideration of H. Res. 339 which urges the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31, 2002 parliamentary elections. I’d like to thank Mr. Armey for his commitment to schedule consideration of this measure this week. I was pleased to be an original cosponsor of the resolution which acknowledges the strong relationship between the United States and Ukraine, urges the Ukrainian Government to enforce impartially its new election law, and urges the Ukrainian Government to meet its OSCE commitments on democratic elections. I strongly encourage my colleagues to support this measure. The Helsinki Commission, which I co-chair, has a longstanding record of support for human rights and democratic development in Ukraine. Commission staff will be going to observe and report on these elections, as they have for virtually every election in Ukraine since 1990. The stakes in the Ukrainian elections are high – both in terms of outcome and as an indication of the Ukrainian Government’s commitment towards democratic development and integration into Europe.   Mr. Speaker, I think it is important to underscore the reason for this congressional interest in Ukraine. The clear and simple reason: an independent, democratic, and economically stable Ukraine is vital to the stability and security of Europe, and we want to encourage Ukraine in realizing its own often-stated goal of integration into Europe. Despite the positive changes that have occurred in Ukraine since independence in1991, including the economic growth over the last two years, Ukraine is still undergoing the difficult challenge of transition. The pace of that transition has been distressing, slowed by insufficient progress in respect for the rule of law, especially by the presence of widespread corruption which continues to exact a considerable toll on the Ukrainian people.   Another source of frustration is the still-unresolved case of murdered investigative journalist Heorhiy Gongadze. The flawed investigations of this case and the case of another murdered Ukrainian journalist, Ihor Aleksandrov call into question Ukraine’s commitment to the rule of law. There have also been a number of disturbing cases of violence or threats of violence. For instance, 78-year-old Iryna Senyk a former political prisoner and poetess who was campaigning for the pro-reform Our Ukraine bloc, was badly beaten by “unknown assailants.” Such unchecked violence has created an uncertain atmosphere. Most of independent Ukraine’s elections have generally met international democratic standards for elections. The 1999 presidential elections, however, were more problematic, and the OSCE Election Mission Report on these elections asserted that they “failed to meet a significant number of the OSCE election related commitments.”   Mr. Speaker, it remains an open question as to whether the March 31 elections will be a step forward for Ukraine. With less than two weeks until election day, there are some discouraging indications – credible reports of various violations of the election law, including campaigning by officials or use of state resources to support certain political blocs or candidates; the denial of public facilities and services to candidates, blocs or parties; governmental pressure on certain parties, candidates and media outlets; and a pro-government bias in the public media, especially the government’s main television network, UT-1. These actions are inconsistent with Ukraine’s freely undertaken OSCE commitments and undermine its reputation with respect to human rights and democracy. A democratic election process is a must in solidifying Ukraine’s democratic credentials and the confidence of its citizens, and in its stated desire to integrate with the West.   During his visit to Ukraine last week, the President of the OSCE Parliamentary Assembly, Adrian Severin, expressed concern over the mistrust in the electoral process among certain candidates as well as general skepticism as to whether the elections would be truly free and fair and encouraged Ukrainian officials to take measures to address these concerns so as to ensure public trust in the outcome of the election. Mr. Speaker, I ask that the summary of the most recent Long Term Observation Report on the Ukrainian elections prepared by the non-partisan Committee of Voters of Ukraine, be submitted for the Record. I urge unanimous support for this resolution.

  • Upcoming Ukraine Parliamentary Elections Focus of Briefing

    By Orest Deychakiwsky, CSCE Staff Advisor The Helsinki Commission held a public briefing on February 27 which examined the upcoming Ukrainian parliamentary elections scheduled for March 31, 2002. Commission Chief of Staff Ron McNamara noted commitments undertaken by the 55 OSCE participating States, including Ukraine, to build, consolidate and strengthen democracy as the only form of government for each of the nations. The reason for congressional interest in Ukraine which has been manifested by Senate and House resolutions introduced by a bipartisan group of Helsinki Commissioners, he observed, is “because an independent, secure, democratic, economically stable Ukraine is important, and we want to encourage Ukraine in realizing its own goal of integration into Europe.” The measures call for Ukraine to ensure a democratic, transparent and fair election process. McNamara underscored the potential impact of the elections, “The parliamentary elections, along with local elections taking place on the same day, will chart Ukraine's course over the next four years, including on the presidential elections scheduled for 2004.” Three experts – former U.S. Ambassador to Ukraine William Green Miller, Ambassador Nelson Ledsky of the National Democratic Institute (NDI) and Stephen Nix of the International Republican Institute (IRI) – addressed both positive and negative features of the election process and campaign. All three highlighted the importance of these elections being free and fair. Ambassador Miller stated: “This election is a crucial election. And it’s very important for Ukraine, for its government, for its system of governance, to have as free and fair an election as possible. It’s crucial to its international reputation and to the dignity of its own people.” Ambassador Miller described the roles of the various blocs running for the elections, observing that – based on what the polls indicate at this point – the probable outcome reflects the reality of Ukrainian politics in 2002. He did note problem areas, stating that the smaller parties of Yulia Tymoshenko and Oleksandr Moroz are the ones to watch, “...and that’s where much of the pressure on preventing their crossing the four percent threshold will be evident.” These two parties are in open opposition to President Leonid Kuchma. The issue in the next month, according to Miller, is “whether the shortcomings that have been identified by various people – Ukrainians and sympathetic foreigners – will be attended to. But, I would say, given the complexion of the polling now, there is very little that can be done to alter what seems to be the likely outcome.” Ambassador Ledsky pointed to pre-election violations documented by the Committee of Voters of Ukraine (CVU) over the last four months which fall into two broad categories – one relating to access to the media and coverage of the elections and the second to the misuse of administrative resources as part of the campaign process. Violations with respect to administrative resources include: government spaces being used for campaign purposes, which is contrary to Ukrainian law; public employees working on political campaigns and citizens pressured to join parties and blocs; the interference of government authorities in campaigning; and the denial by officials of public facilities and services to candidates, parties and blocs. (On election day, the CVU is aiming to field 20,000 observers which would complement the OSCE observation effort which will likely include over 250 international observers.) Ledsky also emphasized “two distinct contests” going on in Ukraine – the first is the contest for the 225 proportional representation seats in which the parties vying need to surpass the four percent threshold. The second contest is for the 225 single mandate seats. “And here,” said Ambassador Ledsky, “what we are seeing is that the battle is going on behind the scenes in each district, in each oblast, in each constituency. There, administrative resources are being used illegally and with subtlety to make sure that the single mandate seats move in one direction.” In response to a question about Russian involvement, Ambassador Ledsky noted the “more extensive, more prominent, more visible” level of Russian involvement in this campaign. He underscored the importance of the elections, stating, “We believe very fervently that a correction in the course of the last two or three elections is very badly needed to put Ukraine back on the democratic path.” Mr. Nix, focusing his remarks on procedural, administrative and legal issues surrounding the elections, praised the new elections law passed by the Verkhovna Rada (parliament) as being “very progressive and a huge improvement over previous law.” Current election law provides dual remedies, both administrative and legal; if a similar complaint is filed both with the administrative agency and with the courts, the court shall issue a stay. Focusing on how election-related disputes will be handled, Mr. Nix expressed concern – based on IRI’s recent pre-election assessment mission to Ukraine – that many judges did not appear to understand “... that they had the right, in fact the duty, to take jurisdiction of these cases and order the administrative actions to cease.” Mr. Nix observed that a key difference in this election is that political parties now largely staff constituency (district) election commissions and, to a lesser extent, polling station (precinct) commissions – this can be a deterrent to fraud – and noted IRI’s role in training members of these commissions. While parties for the most part have placed people on the polling station commissions, there is concern that some areas in rural villages are not covered, concluding that places in which parties are not represented have “to be a big focus of the monitoring effort.”

  • U.S. Policy in Central Asia and Human Rights Concerns

    This briefing addressed U.S. policy in Central Asia and human rights concerns in the region in advance of the President of Uzbekistan’s visit to Washington, which had drawn attention to the deepening engagement of the United States in the region. Questions about Washington’s leverage presently and in the foreseeable future as well as the prospects for improving the dismal human rights situation in the region were discussed. Witnesses testifying at the briefing – including Lawrence Uzzell, Director of the Keston Institute; E. Wayne Merry, Senior Associate of the American Foreign Policy Council; and Nina Shea, Commissioner of the U.S. Commission on International Religious Freedom – presented numerous examples of the human rights violations that occur in Central Asian countries like Uzbekistan and pointed to the inheritance of imperial policies of commodity exploitation, ecological damage, and extremely bad demographics as several of the motivating factors of these violations.

  • Ukraine Parliamentary Elections

    This briefing examined the upcoming Ukrainian parliamentary elections on March 31. Commission Chief of Staff Ron McNamara noted commitments undertaken by the 55 OSCE participating States, including Ukraine, to build, consolidate and strengthen democracy as the only form of government for each of the nations. The potential impact of the elections was underscored, as the parliamentary elections, along with local elections taking place on the same day, would chart Ukraine's course over the next four years, including on the presidential elections scheduled for 2004. Three experts testifying at this briefing – former U.S. Ambassador to Ukraine William Green Miller, Ambassador Nelson Ledsky of the National Democratic Institute (NDI) and Stephen Nix of the International Republican Institute (IRI) – addressed both positive and negative features of the election process and campaign. All three highlighted the importance of these elections being free and fair.

  • OSCE Parliamentary Assembly Delegation Visits Ukraine

    By Orest Deychakiwsky, CSCE Staff Advisor A delegation of nine parliamentarians from the Organization for Security and Cooperation in Europe’s Parliamentary Assembly (OSCE PA) representing eight countries, along with a Helsinki Commission staff member, traveled to Ukraine from January 30 – February 1, 2002 to learn about the progress which has been made in the development of democratic institutions on the basis of the rule of law, and how the cooperation with the OSCE Project Coordinator in Ukraine has facilitated related developments. The Office of the OSCE Project Coordinator has been functioning in Ukraine since 1999 and its projects aim at supporting Ukraine in the adaptation of its legislation, institutions and processes to the requirements of a modern democracy, based on the rule of law. The Delegation met with the OSCE Project Coordinator, representatives of the Constitutional and Supreme Courts, the Chairman of the Verkhovna Rada (Parliament), Members of the Ukrainian delegation to the OSCE PA, the Ombudsman of Ukraine, the Prosecutor General, and officials from the Ministries of Foreign Affairs, Defense and Justice. The representatives of these institutions commented favorably on the level of cooperation with the OSCE Project Coordinator and expressed thanks and strong support for the OSCE’s efforts in assisting their institutions with concrete projects. The delegation noted the expressed desire and practical efforts among the Ukrainian authorities to increase cooperation with European institutions. The Delegation has recommended that OSCE participating States continue their funding for OSCE projects in Ukraine and seek ways to increase the level of support. The delegation has also recommended that the OSCE Project Coordinator identify projects which would contribute to the protection of human and civil rights, the transition to civilian control over armed forces, the fight against terrorism, and the strengthening of the independent media. Subjects that touch upon human rights and rule of law in Ukraine also came up in the course of the meetings, including human trafficking, the upcoming March 31 parliamentary elections, and the unsolved case of murdered independent journalist Georgiy Gongadze. In response to a question by Commission staff about the possibility for the establishment of an independent commission of international experts into the Gongadze case, Prosecutor General Potebenko responded that he was interested in a full, open investigation and noted that foreign experts have been enlisted. He then questioned the motives of the United States in raising this case and called upon the U.S. Congress to assist in facilitating the extradition of Mykola Melnychenko, claiming that his extradition would speed up the investigation of the murder. Melnychenko was President Kuchma’s bodyguard whose secret recordings of conversations in the President’s office appear to link implicate him and top officials with the murder of Gongadze. Melnychenko was granted refugee status in the United States last April. Focusing on the upcoming elections and their potential in the consolidation of democracy in Ukraine, Helsinki Commission staff also met with the U.S. Ambassador to Ukraine, Carlos Pascual, and members of his staff, Agency for International Development (AID) officials, the Committee of Voters of Ukraine, representative of several Ukrainian political parties, and non-governmental organizations. On February 7, 2002, Commission Chairman Senator Ben Nighthorse Campbell (R-CO) introduced S. Res. 205, a resolution urging the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31 parliamentary elections. Senate Helsinki Commissioners Christopher J. Dodd (D-CT), Sam Brownback (R-KS) and Hillary Clinton (D-NY) have cosponsored this resolution. Earlier, on January 29, Helsinki Commissioner Rep. Louise Slaughter (D-NY), joined by Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and Rep. Joseph Hoeffel (D-PA), introduced a companion resolution – H. Res. 339 – in the House.

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