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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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    At this hearing, with Commissioners Chris Smith (NJ-04) and Benjamin Nighthorse Campbell (R-CO) in attendance, witnesses testified on the atrocities committed by Serbian President Slobodan Milosevic. Foremost on people’s minds was the conviction and sentence of years in prison of a Serbian journalist for committing “espionage” after he wrote about Serbian atrocities in Kosovo. More broadly, the hearing examined Milosevic’s efforts to perpetuate his power by forcing changes to the Yugoslav constitution and cracking down on forces in Serbia.  Also in attendance were Branislav Carak of the Serbian Independent Trade Union; Stojan Cerovic, fellow at the U.S. Institute of peace; Dr. David Dasic, head of the Trade Mission of the Republic of Montenegro; and Bogdan Ivanisevic, researcher at Human Rights Watch.

  • Azerbaijan's Parliamentary Elections

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  • Torture in the OSCE Region

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  • Report on the Presidential Election in Georgia

    On April 9, 2000, Georgia held a presidential election. According to the Central Election Commission, turnout was almost 76 percent. Incumbent President Eduard Shevardnadze won reelection with about 80 percent of the vote. Former Communist Party boss Jumber Patiashvili came in second, with 16.6 percent. The other candidates on the ballot were largely irrelevant. Though Shevardnadze’s victory was anticipated, it remained unclear until election eve whom he would defeat. Batumi Alliance leader Aslan Abashidze, boss of the Autonomous Republic of Ajaria, had announced last year plans to mount a presidential race, but many expected him to drop out, as he had no real chance of winning. By threatening a boycott, Abashidze won concessions from the CUG on the election law, but his overall strategy collapsed when his Batumi Alliance colleague, Jumber Patiashvili, announced plans to run against Shevardnadze no matter what. One day before the election, Abashidze withdrew, leaving Patiashvili as Shevardnadze’s only serious contender. The OSCE’s Office for Democratic Institutions and Human Rights election observation mission began its assessment by stating that “considerable progress is necessary for Georgia to fully meet its commitments as a participating state of the OSCE.” Among the problems in the election, ODIHR noted, inter alia, the authorities’ support for the incumbent, the failure of state media to provide balanced reportage, and the dominant role of the CUG in election commissions at all levels. While voting was generally conducted “calmly,” the “counting and tabulation procedures lacked uniformity and, at times, transparency.” The ODIHR also observed ballot stuffing and protocol tampering. Shevardnadze’s prospects for resolving the conflict in Abkhazia are bleak and he has little reason to expect help from Russia. Since the beginning of Russia’s latest campaign against Chechnya, Moscow has accused Tbilisi of allowing or abetting the transit of Chechen fighters through Georgian territory. These allegations also aim to pressure Georgia in negotiations about the withdrawal of Russia’s four military bases. High-level Russian political and military figures have made it plain that Moscow will try to retain the bases and will reassert its interests in the region to counter gains by Western countries, especially the United States. Tbilisi will need help from the United States in resisting a newly aggressive Moscow. Eduard Shevardnadze has long enjoyed good relations with Washington, which gratefully remembers his contribution as Soviet Foreign Minister to ending the Cold War peacefully. The United States has provided substantial assistance to Georgia and backed Shevardnadze morally as well. Presumably the congratulations tendered at the beginning of the State Department’s April 10 statement reflected appreciation for his past services, rather than acceptance at face value of the election’s results. President Clinton noted the election’s shortcomings in a post-election letter to Shevardnadze, reiterated Washington’s longstanding exhortation to attack corruption, and pressed him to implement urgent economic changes.

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    This hearing focused on former residents of Kosovo who were forced to leave their homes because of the conflict. Slobodan Milosevic was identified as a key figure in the displacement and the commissioners and witnesses discussed the possibility of the end of his regime.

  • Hearing Announced on Kosovo's Displaced and Imprisoned

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  • Change in Croatia

    Mr. Speaker, in October of last year, I expressed concerns in this Chamber on the condition of democracy in Croatia.   At that time, the leadership of Croatia was resisting the transition towards free elections, stalling the construction of democratic institutions, flaunting the rule of law, and squashing ethnic diversity. Those that held power were maintaining it in two significant ways. The first was through the manipulation of the political system to their advantage, including, in particular, efforts to control the media and the unwillingness to allow free and fair elections. Second, there was heavy reliance on nationalist passions for support. Zagreb's policies swayed the loyalties of Croats in neighboring Bosnia and made it difficult for the displaced Serb population to return to the country.   Since last October, things have changed drastically and for the better. In the Parliamentary election of January 3, the desire of the people for change was manifested as the party that had ruled since the fall of communism was defeated by an opposition coalition led by the new Prime Minister, Ivica Racan. Meanwhile, in a special presidential election on February 7 to succeed the late Franjo Tudjman, Stipe Mesic won on promises of reform, of a more democratic political system with diminished power for the presidency, of greater cooperation with The Hague in the prosecution of war criminals, of progress in the implementation of the Dayton Accords in Bosnia, and of the return of Croatia's displaced Serb population. These changes have been universally applauded, specifically by Secretary of State Madeleine Albright during her visit to Croatia on February 2. In fact, Mr. Speaker, I join the Secretary of State in commending the new policies of Croatia's leaders, and I complement our able Ambassador to Croatia, William Montgomery, for his role in pressing for democratic change.   Mr. Speaker, it is good that Croatia's new leadership is talking about substantial reform. However, we must be sure that it is not just talk. We must be sure to encourage Croatia to move closer towards full freedom, true justice, and greater prosperity for all of her citizens, regardless of ethnicity. We must continue to press for the surrender to The Hague of those indicted for war crimes. As we do, we must be ready to support Croatia, even as we have been ready to criticize Croatia's shortcomings in the past. Recent violence in southeastern Europe underscores the need for true democracy in the region. In closing, I congratulate Croatia's new leadership and its promise of progress. Now that reform is on the horizon, I am hopeful that Croatia will soon be an integrated partner in European affairs.  

  • Report on Ukraine's Presidential Elections: October and November 1999

    On November 14, President Leonid Kuchma was re-elected for another 5-years term as President of Ukraine, beating Communist Party candidate Petro Symonenko, with 56.3 percent of the votes to Symonenko's 37.8 percent. More than 27 million people, nearly 75 percent of the electorate, turned out to vote. Nearly one million people, or 3.5% of the voters, selected the option of voting for neither candidate. Despite the economic decline and widespread corruption that were hallmarks of his first term, voters chose to re-elect Kuchma, principally out of fear of a return of communism, and certainly not due to any enthusiastic embrace of his economic policies. While there were violations of Ukraine's elections law and OSCE commitments on democratic elections, especially during the second round, these did not have a decisive affect on the outcome, given Kuchma's substantial margin of victory (over five millions votes). The elections were observed by some 500 international observers, with the largest contingent by far coming from the OSCE, and some 16.000 domestic observers. While the West welcomed the Ukrainian people's rejection of communism and any plans to reinvent the Soviet Union or Russian empire, the lack of economic reforms, as well as inappropriate governmental involvement in the election campaign, dampened Western exuberance over Kuchma's election victory. Following his victory, President Kuchma claimed a mandate and promised to work resolutely for economic reforms. This, however, needs to be weighed against his dismal economic record and the questionable resumes of some of his major campaign supporters. Western governments, including the United States, almost immediately reiterated their commitment to assisting Ukraine's transition to democracy and a market economy. At the same time, these governments are waiting to see if the reality will match the rhetoric of reform.                     

  • Democratization and Human Rights in Central Asia

    Mr. Speaker, I am disappointed that the House schedule did not permit consideration of my resolution, H. Con. Res. 204, which has been co-sponsored by Representative Hoyer, Representative Forbes and Representative McKinney. The resolution voices concern about serious violations of human rights and fundamental freedoms in most states of Central Asia, in particular, substantial noncompliance with OSCE commitments on democratization and the holding of free and fair elections. Among the countries of the former Soviet Union, only in Ukraine and Moldova have sitting presidents lost an election and peacefully left office. We will yet see what happens in Russia, where President Yeltsin has launched another war in Chechnya. It may be too much, given the historical differences between our respective societies, to hope the post-Soviet states could find among their political leaders a George Washington, who could have been king but chose not to be, and who chose to leave office after two terms. But it is not too much to hope that other post-Soviet leaders might emulate Ukraine's former President Leonid Kravchuk or Moldova's former President Mircea Snegur, not to mention Lithuania's Algirdas Brazauskas, who all allowed a peaceful transfer of power. Unfortunately, Mr. Speaker, Central Asian leaders give every indication of intending to remain in office for life. Their desire for unlimited and permanent power means that they cannot implement all OSCE commitments on democracy, the rule of law and human rights, as doing so would create a level playing field for challengers and allow the media to shine the light on presidential misdeeds and high-level corruption. The result has been an entire region in the OSCE space where fundamental OSCE freedoms are ignored while leaders entrench themselves and their families in power and wealth. To give credit where it is due, the situation is least bad in Kyrgyzstan. President Akaev, a physicist, is the only Central Asian leader who was not previously the head of his republic's Communist Party. One can actually meet members of parliament who strongly criticize President Akaev and the legislature itself is not a rubber stamp body. Moreover, print media, though under serious pressure from the executive branch, exhibit diversity of views and opposition parties function. Still, in 1995, two contenders in the presidential election were disqualified before the vote. Parliamentary and presidential elections are approaching in 2000. Kyrgyzstan's OSCE partners will be watching carefully to see whether they are free and fair. Until the mid-1990s, Kazakstan seemed a relatively reformist country, where various political parties could function and the media enjoyed some freedom. But President Nazarbaev dissolved two parliaments and single-mindedly sought to accumulate sole power. In the last few years, the regime has become ever more authoritarian. President Nazarbaev has concentrated all power in his hands, subordinating to himself all other branches and institutions of government. A constitutional amendment passed in October 1999 conveniently removed the age limit of 65 to be president. The OSCE judged last January's presidential elections, from which a leading opposition contender was barred as far short of OSCE standards. Last month's parliamentary election, according to the OSCE, was “severely marred by widespread, pervasive and illegal interference by executive authorities in the electoral process.” In response, President Nazarbaev has attacked the OSCE, comparing it to the Soviet Communist Party's Politburo for trying to “tell Kazakstan what to do.” Tajikistan has suffered the saddest fate of all the Central Asian countries; a civil war that killed scores of thousands. In 1997, the warring sides finally ceased hostilities and reached agreement about power-sharing, which permitted a bit of hopefulness about prospects for normal development and democratization. It seems, however, that the accord will not ensure stability. Tajikistan's Central Election Commission refused to register two opposition candidates for the November 6 presidential election. The sole alternative candidate registered has refused to accept the results of the election, which, according to official figures, current President Emomaly Rakhmonov won with 97 percent of the vote, in a 98 percent turnout. Those numbers, Mr. Speaker, say it all. The OSCE properly declined to send observers. Benighted Turkmenistan practically beggars description. This country, which has been blessed with large quantities of natural gas, has a political system that combines the worst traits of Soviet communism with a personality cult seen today in countries like Iraq or North Korea. No dissidence of any kind is permitted and the population enjoys no human rights. While his impoverished people barely manage to get by, President Niyazov builds garish presidential palaces and monuments to himself. The only registered political party in Turkmenistan is the Democratic Party, headed by President Niyazov. In late October he said the people of his country would not be ready for the stresses and choices of a democratic society until 2010, adding that independent media are “disruptive.” On December 12, Turkmenistan is holding parliamentary “elections,” which the OSCE will not bother to observe. Finally, we come to Uzbekistan. The Helsinki Commission, which I chair, held hearings on democratization and human rights in Uzbekistan on October 18. Despite the best efforts of Uzbekistan's Ambassador Safaev to convince us that democratization is proceeding apace in his country, the testimony of all the other witnesses confirmed the widely held view that after Turkmenistan, Uzbekistan is the most repressive country in Central Asia. No opposition political activity is allowed and media present only the government's point of view. Christian denominations have faced official harassment. Since 1997, a massive government campaign has been underway against independent Muslim believers. In February of this year, explosions rocked Tashkent, which the government described as an assassination attempt by Islamic radicals allied with an exiled opposition leader. Apart from elections, a key indicator of progress towards democratization is the state of media freedom. On October 25-27, an International Conference on Mass Media in Central Asia took place in Bishkek, Kyrgyzstan. Not surprisingly, Turkmenistan did not allow anyone to attend. The other participants adopted a declaration noting that democratization has slowed in almost all Central Asian states, while authoritarian regimes have grown stronger, limiting the scope for genuine media freedom as governments influence the media through economic means. I strongly agree with these sentiments. The concentration of media outlets in pro-regime hands, the ongoing assault on independent and opposition media and the circumscription of the media's legally-sanctioned subject matter pose a great danger to the development of democracy in Central Asia. Official statistics about how many media outlets have been privatized cover up an alarming tendency towards government monopolization of information sources. This effectively makes it impossible for citizens to receive unbiased information, which is vital if people are to hold their governments accountable. Mr. Speaker, it is clear that in Central Asia, the overall level of democratization and human rights observance is poor. Central Asian leaders make decisions in a region far from Western Europe, close to China, Iran and Afghanistan, and they often assert that “human rights are only for the West” or the building democracy “takes time.” But delaying steps towards democracy is very risky in the multi-ethnic, multi-religious region of Central Asia, where many people are highly educated and have expectations of faster change. If it does not come, tensions and conflicts could emerge that could endanger security for everyone. To lessen these risks, continuous pressure will be needed on these countries to move faster on democracy. Even as the United States pursues other interests, we should give top priority to democracy and respect for human rights, or we may live to regret not doing so.

  • Central Asia: The “Black Hole” of Human Rights

    Mr. Speaker, I rise today to introduce a resolution on the disturbing state of democratization and human rights in Central Asia. As is evident from many sources, including the State Department's annual reports on human rights, non-governmental organizations, both in the region and the West, and the work of the Helsinki Commission, which I chair, Central Asia has become the “black hole” of human rights in the OSCE space. True, not all Central Asia countries are equal offenders. Kyrgyzstan has not joined its neighbors in eliminating all opposition, tightly censoring the media and concentrating all power in the hands of the president, though there are tendencies in that direction, and upcoming elections in 2000 may bring out the worst in President Akaev. But elsewhere, the promise of the early 1990's, when the five Central Asian countries along with all former Soviet republics were admitted to the Conference on Security and Cooperation in Europe, has not been realized. Throughout the region, super-presidents pay lip service to OSCE commitments and to their own constitutional provisions on separation of powers, while dominating the legislative and judicial branches, crushing or thwarting any opposition challenges to their factual monopoly of power, and along with their families and favored few, enjoying the benefits of their countries' wealth. Indeed, though some see the main problem of Central Asia through the prism of real or alleged Islamic fundamentalism, the Soviet legacy, or poverty, I am convinced that the essence of the problem is more simple and depressing: presidents determined to remain in office for life must necessarily develop repressive political systems. To justify their campaign to control society, Central Asian leaders constantly point to their own national traditions and argue that democracy must be built slowly. Some Western analysts, I am sorry to say, have bought this idea, in some cases, quite literally, by acting as highly paid consultants to oil companies and other business concerns. But, Mr. Speaker, building democracy is an act of political will above all. You have to want to do it. If you don't, all the excuses in the world and all the state institutions formed in Central Asia ostensibly to promote human rights will remain simply window dressing. Moreover, the much-vaunted stability offered by such systems is shaky. The refusal of leaders to allow turnover at the top or newcomers to enter the game means that outsiders have no stake in the political process and can imagine coming to power or merely sharing in the wealth only be extra-constitutional methods. For some of those facing the prospect of permanent exclusion, especially as living standards continue to fall, the temptation to resort to any means possible to change the rules of the game, may be overwhelming. Most people, however, will simply opt out of the political system in disillusionment and despair. Against this general context, without doubt, the most repressive countries are Turkmenistan and Uzbekistan. Turkmenistan's President Niyazov, in particular, has created a virtual North Korea in post-Soviet space, complete with his own bizarre cult of personality. Turkmenistan is the only country in the former Soviet bloc that remains a one-party state. Uzbekistan, on the other hand, has five parties but all of them are government-created and controlled. Under President Islam Karimov, no opposition parties or movements have been allowed to function since 1992. In both countries, communist-era controls on the media remain in place. The state, like its Soviet predecessor, prevents society from influencing policy or expressing its views and keeps the population intimidated through omnipresent secret police forces. Neither country observes the most fundamental human rights, including freedom of religion, or permits any electoral challenges to its all-powerful president. Kazakstan's President Nursultan Nazarbaev has played a more clever game. Pressed by the OSCE and Western capitals, he has formally permitted opposition parties to function, and they did take part in the October 10 parliamentary election. But once again, a major opposition figure was not able to participate, and OSCE/ODIHR monitors, citing many shortcomings, have criticized the election as flawed. In general, the ability of opposition and society to influence policymaking is marginal at best. At the same time, independent and opposition media have been bought, coopted or intimidated out of existence or into cooperation with the authorities, and those few that remain are under severe pressure. Tajikistan suffered a devastating civil war in the early 1990's. In 1997, war-weariness and a military stalemate led the disputants to a peace accord and a power-sharing agreement. But though the arrangement had promise, it now seems to be falling apart, as opposition contenders for the presidency have been excluded from the race and the major opposition organization has decided to suspend participation in the work of the National Reconciliation Commission. Mr. Speaker, along with large-scale ethnic conflicts like Kosovo or Bosnia, and unresolved low-level conflicts like Nagorno-Karabakh and Abkhazia, I believe the systemic flouting of OSCE commitments on democratization and human rights in Central Asia is the single greatest problem facing the OSCE. For that reason, I am introducing this resolution expressing concern about the general trends in the region, to show Central Asian presidents that we are not taken in by their facade, and to encourage the disheartened people of Central Asia that the United States stands for democracy. The resolution calls on Central Asian countries to come into compliance with OSCE commitments on democracy and human rights , and encourages the Administration to raise with other OSCE states the implications for OSCE participation of countries that engage in gross and uncorrected violation of freely accepted commitments on human rights . Mr. Speaker, I hope my colleagues will join me, Mr. Hoyer, and Mr. Forbes in this effort and we welcome their support.

  • Report on Georgia's Parliamentary Elections: October 1999

    On October 31, 1999, Georgia held its third parliamentary election since gaining independence in 1991. President Eduard Shevardnadze’s ruling party, the Citizens Union of Georgia, scored a convincing victory. According to the Central Election Commission, in the first round, the CUG won 41.85 percent of the party list voting, or 85 seats, along with 35 single districts. The opposition Batumi Alliance, led by Ajarian strongman Aslan Abashidze, came in second, with 25.65 percent of the vote and seven districts, gaining 51 seats. Industry Will Save Georgia was the only other party to break the sevenpercent threshold for parliamentary representation, managing 7.8 percent and 14 seats. In second-round voting on November 14, the CUG increased its lead, picking up ten more seats, and then won another two in a November 28 third round, for a total of 132. The Batumi Alliance’s final tally was 59. Overall, the CUG has an absolute majority in Georgia’s 235-seat legislature, improving on the position it held from 1995-1999. The outcome did not indicate how tense the race had been between the CUG and the leftist, proRussian Batumi Alliance. A win by the latter threatened to move Georgia into Russia’s orbit and away from market reforms. The election also offered a foretaste of next year’s presidential contest, when Abashidze runs against Shevardnazde. With such high stakes and relations so confrontational between the contending forces, charges of widespread fraud dogged the elections. Of the Central Election Commission’s 19 members, only 13 signed the document announcing the results. Nevertheless, OSCE’s observation mission called the first round of the election a “step towards” compliance with OSCE commitments, adding that most of the worst violations occurred in Ajaria. OSCE’s verdict after the November 14 second round was more critical, noting violence at some polling stations and vote rigging and intimidation at others. OSCE’s initial cautiously positive judgement, however, allowed Eduard Shevardnadze to claim that democratization is proceeding in Georgia and that the country’s admission to the Council of Europe was well deserved.

  • Ukraine on the Eve of Elections

    Mr. Speaker, Ukraine's presidential elections will be held in a little over a month, on October 31. These elections will be an important indicator in charting Ukraine's course over the next 4 years. The stakes are high. Will Ukraine continue to move, even if at a slow and inconsistent pace, in the direction of the supremacy of law over politics, a market economy, and integration with the Euro-Atlantic community? Or will Ukraine regress in the direction of the closed economic and political system that existed during Soviet times? Clearly, the outcome of the elections will have significant implications for United States policy toward Ukraine. Despite the many internal and external positive changes that have occurred in Ukraine since its independence in 1991, including progress in creating a democratic, tolerant society and the significant role played in the stability and security of Europe, Ukraine still has a long way to go in building a sustainable democracy underpinned by the rule of law. Specifically, Ukraine needs to improve its judiciary and criminal justice system, reduce bureaucratic arbitrariness and rid itself of the stifling menace of corruption. Indeed, corruption is exacting a huge toll on Ukrainian institutions, eroding confidence in government and support for economic reforms, and discouraging domestic and foreign investment. Mr. Speaker, I am concerned about reports of violations in the conduct of the election campaign, including in the signature-gathering process and inappropriate meddling by officials, especially on the local level. I am also troubled by governmental actions against the free media, including the recent seizure of bank accounts of STB independent television and the suspension of four independent television stations in Crimea. The harassment of the print and electronic media is inconsistent with OSCE commitments. It undermines Ukraine's overall positive reputation with respect to human rights and democracy, including its generally positive record in previous elections. The Helsinki Commission, which I chair, was in the forefront of supporting respect for human rights and self-determination in Ukraine during the dark days of Soviet rule. We have viewed, and still view, Ukraine's independence as a milestone in Europe's history. However, in order to consolidate its independence and reinforce internal cohesion, Ukraine needs to speed its transition to democracy and market economy. It needs to work toward greater compliance with OSCE standards and norms. The OSCE Office for Project Coordination in Ukraine can be a useful tool to assist Ukraine in this regard and I hope that the Ukrainian government will take advantage of and benefit from the OSCE presence. Despite frustrations with certain aspects of Ukraine's reality, it is important for both the Congress and the Executive Branch to continue to support an independent, democratic Ukraine, both in terms of policies designed to strengthen United States-Ukraine relations, as well as with assistance designed to genuinely strengthen democratic and free-market development. The key is to be patient, but persistent, in encouraging progress.

  • Report on Armenia's Parliamentary Elections

    On May 30, 1999, Armenia held its second parliamentary election since gaining independence. Twenty-one parties and blocs contested 56 seats set aside for party voting and over 700 individual candidates competed in 75 majoritarian races to fill the legislature’s 131 seats. According to official results, turnout was almost 56 percent. The big winner in the election was the Unity bloc, an alliance of the Republican Party, headed by Defense Minister Vazgen Sarkissian, and the People’s Party of Karen Demirchian, Armenia’s last Communist leader. OSCE observation missions had criticized Armenia’s parliamentary and presidential elections in 1995, 1996 and 1998, so Yerevan had to hold better elections to restore its damaged reputation. The May 30 election was also supposed to formalize the shift of power in early 1998, when the governing party—the Armenian National Movement (ANM)—collapsed as its leader, Levon Ter-Petrossyan, was forced out and Vazgen Sarkissian came openly to the fore. Though Armenia’'s May 30 election was a clear improvement over previous elections, concerns persist about overall political trends. Armenia is unique among former Soviet republics in that its president, despite broad constitutional prerogatives, is not the most powerful political actor. Vazgen Sarkissian, as Defense Minister, had already gained a remarkable hold on the military, the executive branch and even the legislature, while also heading a veterans’ organization that controls most local authorities. Such concentration of authority in the hands of one politician bodes ill for separation of powers and the development of civil society. Even more troubling, Sarkissian’s record does not inspire confidence in his commitment to democracy. He now has to overcome his reputation and manage his own transition to a democratic statesman. Following the lead of the OSCE, the U.S. State Department noted the improvements over past elections but emphasized the need for further progress to bring Armenia’s elections up to OSCE standards and raise public trust in the process. With the OSCE’s assessment having at least been better than in past elections, Yerevan can hope for the first official visit to Washington of President Kocharian this fall.  

  • Kazakstan's Parliamentary Elections

    The Helsinki Commission compiled a report on Kazakstan’s parliamentary election in 1999. It noted that the election did mark some forward movement; the registration of opposition political parties -- specifically the Republican People’s Party (RPP) and Azamat, along with the already registered Communist Party -- promised to give voters an opposition alternative on October 10 and to institutionalize the involvement of opposition parties in Kazakstan’s political life beyond the election. Other positive steps included the CEC’s lowering of the candidates’ deposit, the law’s provision for domestic observers and the sanctioned experiment with exit polling. The accreditation of over 2,500 non-partisan domestic observers throughout Kazakhstan was also a significant development. Even more important was an October 6 live, televised debate, which allowed voters to familiarize themselves with parties and candidates and gave some opposition figures who had not received free air time, such as Communist Party leader Serokbolsyn Abdildin, their only opportunity to campaign on television.

  • Uzbekistan's Litany of Violations

    Mr. Speaker, as Chairman of the Commission on Security and Cooperation in Europe, I rise today to highlight the persecution of religious believers in Uzbekistan. The problem is worsening by the day, as the crackdown continues under the guise of “anti-terrorism.” While there is some justifiable threat of terrorism, the widespread violations of rule of law and human rights perpetrated by authorities are not defensible, especially in light of Uzbekistan's OSCE commitments. Under President Islam Karimov, Uzbekistan has been the second most repressive former Soviet republic, next to Turkmenistan. Karimov has used new constitutions and referendums extending his tenure to remain in office, where he seems determined to stay indefinitely. In mid-1992, he cracked down on all opposition parties, driving them underground or into exile, and all opposition or independent media were eliminated. In Uzbekistan today, human rights are systemically violated. Arbitrary arrests, abuse and torture of detainees are pervasive, and flagrantly politicized judicial proceedings are routine. According to Human Rights Watch/Helsinki Watch, there are well over 200 individuals who are prisoners of conscience either for their religious or political activities. Defendants have been convicted of criminal offenses based on forced confessions and planted evidence. The regime has also refused to register independent human rights monitoring organizations (the Human Rights Society and the Independent Human Rights Society), while groups which cooperate closely with the government (Society for the Protection of the Rights of the Individual) have been registered without delay. On June 25, Uzbek police savagely beat Mikhail Ardzinov, one of the country's most prominent human rights activists. A key component of Uzbekistan's assault on human rights has been a thorough campaign against religious believers. Since 1997, hundreds of independent Muslim activists and believers associated with them have been arrested. In February of this year, bombs exploded in the capital, Tashkent, which killed sixteen bystanders and damaged government buildings, narrowly missing President Karimov and government officials. Karimov accused Muslim activists of having carried out a terrorist attack intended to assassinate him. The harassment and detention of Muslim activists has greatly intensified since then and an ongoing series of show trials had discredit them as dangerous religious extremists. Last month, six people were sentenced to death and another 16 received prison terms ranging from eight to 20 years in a trial that by no means met Western standards for due process. Since then, two arrested Muslims have died in prison, and there is no sign of a let up. President Karimov has argued that the threat of Islamic fundamentalism in Central Asia's most populous and traditional state necessitates a hard line, especially because Islamic radicals from neighboring Tajikistan, Afghanistan and Pakistan are determined to subvert Uzbekistan's secular, developing democracy. But the state's repressive policies are radicalizing Muslims and turning them against the regime. Non-Muslims faiths, particularly Christians, have also been subjected to harassment, imprisonment and violations of their religious liberty, especially those who share their faith and are actively meeting. According to Compass Direct, Ibrahim Yusupov, the leader of a Pentecostal church in Tashkent, was tried and sentenced last month to one year in prison on charges of conducting missionary activity. Another court in June sentenced Christian pastor Na'il Asanov to five years in prison on charges of possession of drugs and spreading extremist ideas. As with other cases mentioned below, witnesses attest that police planted a packet of drugs on Pastor Asanov and also severely beat him while he was in detention. Also in June, three members of the Full Gospel Church in Nukus were sentenced to long prison sentences. Pastor Rashid Turibayev received a 15-year sentence, while Parhad Yangibayev and Issed Tanishiev received 10-year sentences for “deceiving ordinary people” as well as possessing and using drugs. Their appeal was denied on July 13. Reports indicate that they have suffered severe beatings in prison, have been denied food and medical attention, and their personal possessions have been confiscated by the police, leaving their families destitute. Recently, the most senior Pentecostal leader in Uzbekistan, Bishop Leonty Lulkin, and two other church members were tried and sentenced on charges of illegally meeting. The sentence they received was a massive fine of 100 times the minimum monthly wage. The leaders of Baptist churches, Korean churches, the Jehovah's Witnesses, as well as many others, have also been subjected to harsh legal penalties. Although they have filed for registration, local authorities refused to sign their documents. Mr. Speaker, the State Department's report on Human Rights Practices for 1998 reported that the Uzbekistan law on religion “limits freedom of religion” with strict registration requirements which make it virtually impossible for smaller church organizations to gain legal status. The law passed in June 1998, “prohibits proselytizing, bans religious subjects in school curriculums, prohibits teaching of religious principles, forbids the wearing of religious clothing in public by anyone except clerics, and requires all religious groups and congregations to register or re-register.” Also approved last May was a second law establishing the penalties if one were convicted of violating any of the statutes on religious activities. The penalties can range anywhere from lengthy prison sentences, massive fines, and confiscation of property, to denial of official registration rights. On May 12 of this year, Uzbekistan tightened its Criminal Code, making participation in an unregistered religious group a criminal offense, punishable by a fine equivalent to fifty times the minimum monthly wage or imprisonment of up to three years. Mr. Speaker, these actions indicate that the policies of the Government of Uzbekistan toward religious groups are not moving in the right direction. In fact, these initiatives are in direct violation to Uzbekistan's OSCE commitments, including Article 16.3 of the Vienna Concluding Document which states that “the State will grant upon their request to communities of believers, practicing or prepared to practice their faith within the constitutional framework of their States, recognition of the status provided for them in the respective countries.” In the Copenhagen Concluding Document of 1990 Article 9.1, Uzbekistan has committed to “reaffirm that everyone will have the right to freedom of expression including the right to communication. This right will include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.” Uzbekistan's current course of strangling all forms of religious discourse is a flagrant, deliberate, and unrelenting violation of these principles. Last year Congress overwhelmingly passed the Religious Freedom Act of 1998 which reaffirmed the United States' commitment to supporting religious freedom abroad through U.S. foreign policy. Considering the litany of violations affecting religious liberty and the ongoing persecution of believers, it is time for Congress to consider our aid programs to Uzbekistan, including our military cooperation programs which cost about 33 million dollars in this year alone. Congress should also reconsider our trade relationship with Uzbekistan and scrutinize other programs such as Cooperative Threat Reduction where we can leverage our influence to help protect religious liberty and human rights.

  • Developments in Belarus

    Mr. Speaker, today marks the expiration of the term of office of authoritarian Belarusian President Alyaksandr Lukashenka under the 1994 Belarusian Constitution. To nobody's surprise, Mr. Lukashenka is not abandoning his office, having extended his term of office until 2001 using the vehicle of an illegitimate 1996 constitutional referendum.   Since Lukashenka was elected five years ago, Belarus has witnessed nothing but backsliding in the realm of human rights and democracy and a deterioration of the economic situation. The Belarusian Government continues to violate its commitments under the Organization for Security and Cooperation in Europe (OSCE) relating to human rights, democracy and the rule of law. At the root of these violations lies the excessive power usurped by President Lukashenka since his election in 1994, especially following the illegitimate 1996 constitutional referendum, when he disbanded the Supreme Soviet and created a new legislature subordinate to his rule.   Freedoms of expression, association and assembly remain curtailed. The government hampers freedom of the media by tightly controlling the use of national TV and radio. Administrative and economic measures are used to cripple the independent media and NGOs. Political opposition has been targeted for repression, including imprisonment, detention, fines and harassment. The independence of the judiciary has been further eroded, and the President alone controls judicial appointments. Legislative power is decidedly concentrated in the executive branch of government.   The Helsinki Commission, which I Chair, has extensively monitored and reported on the sad situation in Belarus, and has attempted to encourage positive change in that country through direct contacts with Belarusian officials, as well as through the Organization for Security and Cooperation in Europe. The OSCE Parliamentary Assembly meeting in St. Petersburg earlier this month overwhelmingly supported a resolution encouraging democratic change in Belarus, including the conduct of free and fair elections next year.   As Chairman of the U.S. delegation to the OSCE PA, I urged my fellow parliamentarians to join me in calling for the release of ex-Prime Minister Mikhail Chygir and the guarantee of free access to the media by opposition groups. In addition, I joined 125 delegates representing 37 of the 54 participating States in signing a statement which offered more harsh criticism of the political situation in Belarus, condemned the use of violence against Supreme Soviet members and representatives of the democratic opposition, and protested their detention.   Within the last few days, there appears to be some glimmer of hope in the gloomy Belarusian predicament. According to a July 17 joint statement by the OSCE PA ad hoc Working Group on Belarus and the OSCE Advisory and Monitoring Group (AMG) in Belarus: “The Belarusian President states his commitment to the holding of free, fair and recognizable parliamentary elections in Belarus next year, as well as his support for a national dialogue on elections to be held between the government and the opposition.” I agree with the Working Group and AMG's emphasis on the importance of “access to electronic media for all participants in the negotiations, and a political climate free of fear and politically motivated prosecution.” Mr. Speaker, while I welcome this statement, I remain guarded, given Mr. Lukashenka's track record. I very much look forward to its implementation by the Belarusian Government, which could be a positive step in reducing Belarus' isolation from the international community and the beginnings of a reversal in the human rights situation in that country.

  • The State of Human Rights and Democracy in Kazakhstan

    Commission Chairman Christopher Smith presided over a hearing on the status of democratization and human rights in Kazakhstan following the country's presidential election in January of 1999. The election, which saw the victory of incumbent presient Nursultan Nazarbayev, was strongly criticsed by the OSCE, which stated that it had fallen "far short" of meeting OSCE commitments. Ross Wilson, Principal Deputy to the Ambassador At-Large, noted that opposition figures were beaten, arrested, and convicted for attending political meetings. Independent media organizations were bought out, silenced, and in extreme cases firebombed by allies of President Nazarbayev. Finally, a new law barred candidates who had been conviced of administrative violations from running for president. Akezhan Kazhegeldin, former prime minister of Kazakhstan and leading opposition member in the election, noted in his testimony that he was barred from running in the election due to this law. Bolat Nurgaliev, Ambassador of Kazakhstan to the United States, acknowledged "imperfections" in the state of Kazakhstan's political system, but defended the legal and ethical credentials of the election. The hearing concluded by offering a set of recommendations calling for the abolition of laws restricting opposition members from running, improved anti-corruption legislation, and greater press freedom.      

  • Report on Human Rights: the Role of Field Missions

    In late April, the Warsaw-based Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Cooperation in Europe (OSCE) held a four-day seminar on "Human Rights: The Role of Field Missions." The topic for the ODIHR's annual seminar was chosen in light of the growing numner and size of OSCE missions, each of which must address human rights issues in the context of different mandates. Indeed, some missions appear to have mandates which might encourage their members to want to ignore human rights problems, but the situation in the countries where these missions are deployed can have human rights abuses so severe that monitoring and reporting become a central activity. Even where human rights are highlighted in mandetes, the work of field mission can be hampered by a lack of expertise and training, coordiantion problems and inadequate support by OSCE instituition and participating States. At the time of the seminar, the OSCE had deployed 11 long-term missions, 8 other field activities similar to missions, and 3 representative offices to assist implementation of bilateral agreements. These field operations are located mostly in the Balkans, the Baltics, the Caucuses, Central Asia and thew westernmost states emerging from the former Soviet Union, and they range in size from four to 2000 mandated mission members. The largest and most well-known missions are those in Bosnia-Herzegovina, Croatia and, eclipsing the other two, Kosovo. Indeed, it was the preparetion for the Kosovo Verification Mission (KVM) which sparked quent, ongoing NATO action against Yugoslav and Serbian forces were the dominant issues in European affairs at the time the seminar was held.   

  • Kazakhstan's Presidential Elections

    Mr. Speaker, I rise today to bring to the attention of my colleagues concerns about the general prospects for democratization in Kazakstan, considering the disturbing news about the presidential elections in that country earlier this year. On January 10, 1999, Kazakstan held presidential elections, almost two years ahead of schedule. Incumbent President Nursultan Nazarbaev ran against three contenders, in the country's first nominally contested election. According to official results, Nazarbaev retained his office, garnering 81.7 percent of the vote. Communist Party leader Serokbolsyn Abdildin won 12 percent, Gani Kasymov 4.7 percent and Engels Gabbasov 0.7 percent. The Central Election Commission reported over 86 percent of eligible voters turned out to cast ballots. Behind these facts, and, by the way, none of the officially announced figures should be taken at face value, is a sobering story. Nazarbaev's victory was no surprise: the entire election was carefully orchestrated and the only real issue was whether his official vote tally would be in the 90s, typical for post-Soviet Central Asia dictatorships, or lower, which would have signaled some sensitivity to Western and OSCE sensibilities. Any suspense the election might have offered vanished when the Supreme Court in November upheld a lower court ruling barring the candidacy of Nazarbaev's sole possible challenger, former Prime Minister Akezhan Kazhegeldin, on whom many opposition activists have focused their hopes. The formal reason for his exclusion was both trivial and symptomatic: in October, Kazhegeldin had spoken at a meeting of an unregistered organization called “For Free Elections.” Addressing an unregistered organization is illegal in Kazakstan, and a presidential decree of May 1998 stipulated that individuals convicted of any crime or fined for administrative transgressions could not run for office for a year. Of course, the snap election and the presidential decree deprived any real or potential challengers of the opportunity to organize a campaign. More important, most observers saw the decision as an indication of Nazarbaev's concerns about Kazakhstan's economic decline and his fears of running for reelection in 2000, when the situation will presumably be even much worse. Another reason to hold elections now was anxiety about uncertainties in Russia, where a new president, with whom Nazarbaev does not have long-established relations, will be elected in 2000 and may adopt a more aggressive attitude towards Kazakhstan than has Boris Yeltsin. The exclusion of would-be candidates, along with the snap nature of the election, intimidation of voters, the ongoing attack on independent media and restrictions on freedom of assembly, moved the OSCE's Office for Democratic Institutions and Human Rights (ODIHR) to urge the election's postponement, as conditions for holding free and fair elections did not exist. Ultimately, ODIHR refused to send a full-fledged observer delegation, as it generally does, to monitor an election. Instead, ODIHR dispatched to Kazakhstan a small mission to follow and report on the process. The mission's assessment concluded that Kazakhstan's “election process fell far short of the standards to which the Republic of Kazakhstan has committed itself as an OSCE participating State.” That is an unusually strong statement for ODIHR. Until the mid-1900s, even though President Nazarbaev dissolved two parliaments, tailored constitutions to his liking and was single- mindedly accumulating power, Kazakhstan still seemed a relatively reformist country, where various political parties could function and the media enjoyed some freedom. Moreover, considering the even more authoritarian regimes of Uzbekistan and Turkmenistan and the war and chaos in Tajikistan, Kazakhstan benefited by comparison. In the last few years, however, the nature of Nazarbaev's regime has become ever more apparent. He has over the last decade concentrated all power in his hands, subordinating to himself all other branches and institutions of government. His determination to remain in office indefinitely, which could have been inferred by his actions, became explicit during the campaign, when he told a crowd, “I would like to remain your president for the rest of my life.'' Not coincidentally, a constitutional amendment passed in early October conveniently removed the age limit of 65. Moreover, since 1996, Kazakhstan's authorities have co-opted, bought or crushed any independent media, effectively restoring censorship in the country. A crackdown on political parties and movements has accompanied the assault on the media, bringing Kazakhstan's overall level of repression closer to that of Uzbekistan and severely damaging Nazarbaev's reputation. Despite significant U.S. strategic and economic interests in Kazakhstan, especially oil and pipeline issues, the State Department issued a series of critical statements after the announcement last October of pre-term elections. In fact, on November 23, Vice President Gore called President Nazarbaev to voice U.S. concerns about the election. The next day, the Supreme Court, which Nazarbaev controls completely, finally excluded Kazhegeldin. On January 12, the State Department echoed the ODIHR's harsh assessment of the election, adding that it had “cast a shadow on bilateral relations.” What's ahead? Probably more of the same. Parliamentary elections are expected in late 1999, although they may be held before schedule or put off another year. A new political party has been created as a vehicle for President Nazarbaev to tighten his grip on the legislature. Surprisingly, the Ministry of Justice on March 1 registered the Republican People's Party, headed by Akezhan Kazhegeldin, as well as another opposition party, probably in response to Western and especially American pressure. But even if they are allowed to compete for seats on an equal basis and even win some representation, parliament is sure to remain a very junior partner to the all-powerful executive. Mr. Speaker, Kazakhstan's relative liberalism in the early 1990s had induced Central Asia watchers to hope that Uzbek and Turkmen-style repression was not inevitable for all countries in the region. Alas, the trends in Kazakhstan point the other way: Nursultan Nazarbaev is heading in the direction of his dictatorial counterparts in Tashkent and Ashgabat. He is clearly resolved to be president for life, to prevent any institutions or individuals from challenging his grip on power and to make sure that the trappings of democracy he has permitted remain just that. The Helsinki Commission, which I chair, plans to hold hearings on the situation in Kazakhstan and Central Asia to discuss what options the United States has to convey the Congress' disappointment and to encourage developments in Kazakhstan and the region toward genuine democratization.

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