Title

Title

Report on the UN Committee on the Elimination of Racial Discrimination Review of the US and Seventh Annual Meeting of the UN Working Group on People of African Descent
Wednesday, December 17, 2008

By Mischa E. Thompson, Policy Advisor

Moving into the 21st century, racism and discrimination continue to be a problem throughout the fifty-six European, North American, and Central Asian countries that make up the Organization for Security and Cooperation in Europe (OSCE), including in the United States. Recent reports by the OSCE, European Union’s Fundamental Rights Agency (2008, 2007), and European Network Against Racism have found that racial minorities and increasingly migrants are the targets of hate crimes and racial/ethnic profiling, in addition to experiencing discrimination in employment, housing, education, and other areas. Political parties espousing anti-migrant and racist positions are also on the rise, with the potential to undermine current efforts to implement tolerance and nondiscrimination initiatives throughout the region.

Efforts to address these problems over the years have resulted in the development of multi-lateral instruments to stem the tide of racial discrimination. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is often considered a premier international instrument in this area. Adopted by the United Nations in 1965 and entering force in 1969, over 173 countries including the United States, have agreed to have their government policies reviewed to determine if they create or perpetuate racial discrimination. ICERD defines racial discrimination as “any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.” According to the treaty, countries are required to amend or repeal laws and regulations deemed to be discriminatory and are allowed to introduce positive measures such as affirmative action when necessary. As such, countries are obligated to protect against inequality and discrimination in the enjoyment of human rights, including in the areas of education, housing, criminal justice, health, voting, labor, etc.

While the 1975 Helsinki Final Act requires its members to respect human rights and fundamental freedoms “without distinction as to race, sex, language or religion,” no review mechanism comparable to the ICERD currently exists within the OSCE. In recent years, the OSCE participating States have urged ratification of the ICERD (e.g., Copenhagen 1990, Helsinki 1992, Maastricht 2003), adopted complimentary initiatives such as the Annual Hate Crimes Report, and conducted consultations and other activities within the United Nations on relevant initiatives. The ICERD and its implementing committee, the Committee on the Elimination of Racial Discrimination (CERD), therefore continue to remain a primary resource in outlining and determining the success of OSCE countries’ efforts to eliminate racial discrimination. For this reason, the 2008 CERD review of the United States and the status of U.S. efforts to combat racial discrimination were widely followed.

From February 18 to March 7, 2008 the Committee on the Elimination of Racial Discrimination (CERD) held its seventy-second session in Geneva, Switzerland. The Committee of eighteen independent experts, including a U.S. representative, is charged with periodically reviewing the performance of the 173 countries that have signed and ratified ICERD. During the seventy-second session, the Committee reviewed anti-discrimination efforts undertaken by the Governments of the United States, Fiji, Italy, Belgium, Nicaragua, Moldova, and the Dominican Republic. The United States appeared before the Committee on February 22 and 23 after having submitted a report in April 2007 on its efforts to eliminate racial discrimination after last appearing before the Committee in 2001. Over four hundred U.S. non-government organizations (NGOs) also compiled and submitted a “Shadow Report” to the Committee, which provided supplementary independent information in addition to the government perspective.

Twenty-three persons made up the diverse high-level U.S. delegation, headed by Ambassador Warren Tichenor, Permanent Representative of the United States to the United Nations in Geneva. The delegation also included: Grace Chung Becker, Acting Assistant Attorney General in the Civil Rights Division of the Department of Justice, and Ralph Boyd, a former member of the U.N. Committee. Other members of the delegation were from the Departments of Interior, Justice, State, Homeland Security, and Equal Employment Opportunity Commission. For the first time more than one hundred U.S. NGO representatives also attended the session as a “shadow” delegation.

The review began with the United States noting the continuing problem and challenges of combating racial discrimination, but disagreeing with the Committee’s views on causes and solutions. Ambassador Tichenor stated that, “the United States supported the elimination of racial discrimination at home and abroad [...] and had made significant progress in improving race relations in the past [and] continued to work actively to eliminate racial and ethnic discrimination. However, challenges still existed, and a great deal of work remained to be done.” The United States then went on to argue that the causes of continuing racial disparities were poverty and other socio-economic variables, including poor choices made by minorities and discriminatory actions by non-state actors, as opposed to institutionalized practices stemming from past unjust government policies (e.g., slavery, segregation). The United States further argued that it should not bare the primary responsibility for addressing racial disparities because it was not solely responsible for creating the current situation. To bolster this argument, the United States also argued that the Committee’s interpretation of the intent of the ICERD was incorrect in terms of the government needing to play the lead role in combating racial discrimination and disparities. (Find excerpts from the U.S. statements at the end of this report.)

This line of argument caused the Committee to question whether the United States still possessed the political will to comply with its ICERD commitments. Indeed, much of the proceedings involved Committee members reiterating the commitments ICERD countries have undertaken as signatories, including augmenting laws and regulations which “have the effect of creating or perpetuating racial discrimination wherever it exists.” Confusion was expressed as to why the U.S. government had supported efforts to end affirmative action in schools, while simultaneously highlighting the existence of racial disparities in all sectors of U.S. society. Further puzzlement was displayed as to why the United States was arguing against playing a lead role in combating discrimination, while at the same time introducing widely acclaimed new initiatives to combat discrimination such as the US Equal Employment Opportunity Commission’s E-RACE Initiative and National Partnership for Action to End Health Disparities. The Committee also questioned the status of and anticipated plans for other U.S. efforts to address de facto discrimination, manifested by racial profiling, lack of equal access to quality housing, healthcare, and education, the failure to preserve Native American land rights and return Hurricane Katrina victims to their homes.

Committee members also expressed disappointment in the United States. Several Committee members noted that they viewed the U.S. civil rights movement and resulting policies to address past inequities such as affirmative action, as models for policies they were considering and/or using in their own countries to address human rights concerns stemming from inequities and historical injustices. In some cases, these policies were developed following consultations with the U.S. government. Indeed, the Colombian Committee member remarked that he had participated in a visit to the United States as part of an Afro-Colombian delegation invited to view U.S. programs to combat racial discrimination.

Members of the Committee also requested that the United States participate in the 2009 Durban Review Conference, a follow-up to the 2001 World Conference against Racism, as a means for continuing the conversation on eliminating racial discrimination. The United States responded that it had withdrawn negotiators from the first Durban Conference “because of pervasive anti-Semitism in its discussions” and would make a decision regarding participation at a later date.

A summary of the U.S. Review before the Committee and Concluding Observations of the Committee included recommendations to the United States in areas ranging from affirmative action and immigration to voter disenfranchisement and the rights of Native Americans and tribal peoples. This includes a request for an interim report due in February 2009 on how the United States has implemented the Committee’s recommendations regarding: 1) racial profiling and counterterrorism efforts impacting Arab, Muslim, South Asian and others, 2) protecting Western Shoshone lands, 3) efforts to return displaced Hurricane Katrina victims, 4) decreasing minority youth imprisonment rates, and 5) organizing training programs and other initiatives to make government officials and parties at the state and local levels aware of U.S. responsibilities under the ICERD. This last point was repeatedly raised by the civil society shadow delegation. In particular they were concerned by “U.S. exceptionalism” – or the perception that United States tells other nations to abide by international human rights laws, but refuses to comply with those laws itself. The Committee also called for greater consultation and cooperation between the U.S. government and civil society in preparation of its next report due in November 2011 following concerns that civil society was not sufficiently consulted during the drafting of the 2007 report.

Also, of relevance in addressing global efforts to eradicate racial discrimination was the seventh annual meeting of the United Nations Working Group on People of African Descent (WGPAD). Formed in April 2002, the Working Group studies and proposes solutions to the problems of racial discrimination faced by people of African descent living in the Diaspora, with a focus on improving their human rights situation. The Working Group met for its seventh Annual Session on January 14 to 18th, where it reviewed its proceedings of the past seven years on thematic issues that impact the experiences of persons of African descent in the following areas: administration of justice, media, equal access to quality education, employment, health, housing, participation in political, economic, and social sectors, racial profiling, and the empowerment of women of African descent. The WGPAD seventh Annual Session focused on the development of recommendations based upon these past sessions as a UN requirement in preparation for the 2009 Durban Review Conference. The United States participated as an Observer at the meeting. The Final Recommendations included calls for countries to: develop and/or adopt national action plans and monitoring bodies to combat racism and assist victims, address racial profiling and other disparities in the criminal justice system, introduce socio-economic data collection methods that include African descendants, counter negative media stereotypes, develop a best practices report and index on racial equality, and create a fund to support NGO participation in future WGPAD activities and meetings. The next WGPAD meeting is scheduled for January 12-14th and will focus on youth.

Within the OSCE context, the WGPAD holds special importance as the only multilateral entity focused on the human rights situation of the more than five million persons that make up the African descendant or Black European population. In recent years, partially as a result of their high visibility in European countries, Blacks have increasingly become the targets of hate crimes and experienced discrimination in education, employment, housing, and other sectors. Additionally, Blacks are often the targets of anti-immigrant campaigns, including racial profiling, regardless of their citizenship (see also U.S. Helsinki Commission Hearing The State of (In)visible Black Europe: Race, Rights, and Politics).

Initiatives such as the CERD and WGPAD have been critical to maintaining a global focus on countries’ efforts to monitor and combat racial discrimination in line with their human rights commitments. Additionally, they complement OSCE efforts in this area such as this year’s OSCE Supplementary Meetings in Vienna on Roma and national institutions to fight discrimination against minorities and migrants. Because of the role promoting equality and non-discrimination plays in the protection of human rights and ensuring peace and security in the OSCE region, the U.S. Helsinki Commission has also increased its focus in this area.

Relevant countries: 
  • Related content
  • Related content
Filter Topics Open Close
  • Serbian Democratization of 2000

    Mr. Speaker, I thank the gentleman from New York for yielding me this time and for his work in helping to bring this legislation to the floor today. Mr. Speaker, as we wait to see if opposition candidate Vojislav Kostunica will be allowed to secure the election, which by all accounts he seems to have secured and won, it is important for this Congress to support those seeking democratic change in Serbia as well as those undertaking democratic change in Montenegro. This bill does just that. Introduced by myself and several other cosponsors in February of 1999, and updated in light of events since that time, the bill before us today includes language to which the Senate has already agreed by unanimous consent. The State Department has been thoroughly consulted, and its requested changes as well have been incorporated into the text. Throughout there has been a bipartisan effort to craft this legislation. In short, the bill authorizes the provision of democratic assistance to those in Serbia who are struggling for change. It also calls for maintaining sanctions on Serbia until such time that democratic change is indeed underway, allowing at the same time the flexibility to respond quickly to positive developments if and when they occur. Reflective of another resolution, H. Con. Res. 118, which I introduced last year, the bill supports the efforts of the International Criminal Tribunal for the former Yugoslavia to bring those responsible for war crimes and crimes against humanity, including Slobodan Milosevic, to justice. The reasons for this bill are clear, Mr. Speaker. In addition to news accounts and presentations in other committees and other venues, the Helsinki Commission, which I chair, has held numerous hearings on the efforts of the regime of Slobodan Milosevic to stomp out democracy and to stay in power. The Commission has held three hearings specifically on this issue and one additional hearing specifically on the threat Milosevic presents to Montenegro. Of course, in the many, many hearings the commission has held on Bosnia and Kosovo over the years, witnesses testify to the role of Milosevic in instigating, if not orchestrating, conflict and war. Mr. Speaker, the regime of Milosevic has resorted to increasingly repressive measures, as we all know, to stay in power in light of the elections that were held yesterday in the Yugoslav Federation, of which Serbia and Montenegro are a part. Journalist Miroslav Filipovic received, for example, a 7-year sentence for reporting the truth about Yugoslav and Serbian atrocities in Kosovo. The very courageous Natasa Kandic, of the Humanitarian Law Fund, faces similar charges for documenting these atrocities. Ivan Stambolic, an early mentor but now a leading and credible critic of Slobodon Milosevic, was literally abducted from the streets of Belgrade. Authorities have raided the headquarters of the Center For Free Elections and Democracy, a civic, domestic monitoring organization; and members of the student movement Otpor regularly face arrest, detention and physical harassment. Political opposition candidates have been similarly threatened, harassed, and physically attacked. As news reports regularly indicate, Milosevic may also be considering violent action to bring Montenegro, which has embarked on a democratic path and distanced itself from Belgrade, back under his control. Signs that he is instigating trouble there are certainly evident. It is too early for the results of the elections to be known fully. However, this bill allows us the flexibility to react to those results. Assistance for transition is authorized, allowing a quick reaction to positive developments. Sanctions can also be eased, if needed. On the other hand, few hold hope that Milosevic will simply relinquish power. A struggle for democracy may only now just be starting and not ending. The human rights violations I have highlighted, Mr. Speaker, are also mere examples of deeply rooted institutionalized repression. Universities and the media are restricted by Draconian laws from encouraging the free debate of ideas upon which societies thrive. National laws and the federal constitution have been drafted and redrafted to orchestrate the continued power of Slobodan Milosevic. The military has been purged, as we all know, of many high-ranking professionals unwilling to do Milosevic's dirty work, and the place is a virtual military force of its own designed to tackle internal enemies who are in fact trying to save Serbia from this tyrant. Paramilitary groups merge with criminal gangs in the pervasive corruption which now exists. Sophisticated and constant propaganda has been designed over the last decade to warp the minds of the people into believing this regime has defended the interests of Serbs in Serbia and throughout former Yugoslavia. As a result, even if a democratic change were to begin in Serbia, which we all hope and pray for, the assistance authorized in this bill is needed to overcome the legacy of Milosevic. His influence over the decade has been so strong that it will take considerable effort to bring Serbia back to where it should be. Bringing democratic change to Serbia and supporting the change already taking place in Montenegro is without question in the U.S. national interest. We may differ in our positions regarding the decision to use American forces in the Balkans either for peacekeeping or peacemaking. Nothing, however, could better create the conditions for regional stability which would allow our forces to come home with their mission accomplished than a Serbia on the road to democratic recovery. There is, however, an even stronger interest. Indeed, there is a fundamental right of the people of Serbia themselves to democratic governance. They deserve to have the same rights and freedoms, as well as the opportunity for a prosperous future that is enjoyed by so many other Europeans and by our fellow Americans. The people of America, of Europe, the people of Serbia all have a strong mutual interest in ending Milosevic's reign of hatred and thuggery. This bill advances that cause.

  • U.S. Statements at the 1999 OSCE Review Conference

    In February 1999, officials from 90 governments, including representatives from many OSCE participating States, visited Washington for the First Global Forum on Fighting Corruption among justice and security officials. Participants concluded that their governments must cooperate more closely if they were to succeed in promoting public integrity and controlling corruption among their officials. OSCE efforts served as an example to others when the international community gathered in the Netherlands in 2001 for the Second Global Forum on Fighting Corruption.

  • Milosevic’s Crackdown in Serbia and Threat to Montenegro

    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.

  • 25th Anniversary of the Helsinki Final Act

    Mr. Speaker, next Tuesday marks the 25th anniversary of the signing of the Helsinki Final Act, which organized what has become known as the Helsinki or OSCE process, a critical venue in which the United States has sought to advance human rights, democracy and the rule of law. With its language on human rights, the Helsinki Final Act granted human rights of a fundamental principle in regulating international relations. The Final Act's emphasis on respect for human rights and fundamental freedoms is rooted in the recognition that the declarations of such rights affirms the inherent dignity of men and women, and are not privileges bestowed at the whim of the state. The commitments are worth reading again. Among the many pages, allow me to quote from several of the documents: In the Helsinki Final Act, the participating States commit to `respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion.' In the 1990 Charter of Paris for a New Europe, the participating states declared, `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.' In the 1991 Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE, the participating States `categorically and irrevocably declare[d] that the commitments undertaken in the field of the human dimension of the CSCE are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the States concerned.' In the 1990 Charter of Paris for a New Europe, the participating States committed themselves `to build, consolidate and strengthen democracy as the only system of government of our nations.' The 1999 Istanbul Charter for European Security and Istanbul Summit Declaration notes the particular challenges of ending violence against women and children as well as sexual exploitation and all forms of trafficking in human beings, strengthening efforts to combat corruption, eradicating torture, reinforcing efforts to end discrimination against Roma and Sinti, and promoting democracy and respect for human rights in Serbia. Equally important, the standards of Helsinki, which served as a valuable lever in pressing human rights issues also provided encouragement and sustenance to courageous individuals who dared to challenge repressive communist regimes. Many of these brave men and women, members of the Helsinki Monitoring and affiliated Groups in Russia, Ukraine, Lithuania, Georgia, Armenia, and similar groups in Poland and Czechoslovakia and elsewhere, Soviet Jewish emigration activists, members of repressed Christian denominations and others, paid a high price in the loss of personal freedom and, in some instances, their lives, for their active support of principles enshrined in the Helsinki Final Act. Pressure by governments through the Helsinki process at various Helsinki fora, thoroughly reviewing compliance with Helsinki commitments and raising issues with Helsinki signatory governments which violated their freely undertaken human rights commitments, helped make it possible for the people of Central and Eastern Europe and the former Soviet Union to regain their freedom and independence. With the dissolution of the Soviet Union and Yugoslavia, the OSCE region has changed dramatically. In many of the States, we have witnessed widespread and significant transformations and a consolidation of the core OSCE values of democracy, human rights and the rule of law. Unfortunately, in others, there has been little if any progress, and in some, armed conflicts have resulted in hundreds of thousands having been killed and in the grotesque violation of human rights. Mr. Speaker, this milestone anniversary presents the President an appropriate opportunity to issue a proclamation in recognition of the obligations we and the other OSCE States have committed to uphold. It is important to keep in mind that all of the agreements of the Helsinki process have been adopted by consensus and consequently, each participating State is equally bound by each document. In addition to committing ourselves of the faithful implementation of the OSCE principles, the President should encourage other OSCE signatories as all of us have recognized that respect for human rights and fundamental freedoms, democratic principles, economic liberty, and the implementation of related commitments continue to be vital elements in promoting a new era of democracy and genuine security and cooperation in the OSCE region. Each participating State of the OSCE bears primary responsibility for raising violations of the Helsinki Final Act and the other OSCE documents. In the twenty-five years since this historic process was initiated in Helsinki, there have been many successes, but the task is far from complete. Mr. Speaker, we can look at OSCE's past with pride and its future with hope, keeping in mind President Ford's concluding comments at the signing of the Helsinki Final Act: `History will judge this conference not by what we say here today, but by what we do tomorrow, not by the promises we make, but by the promises we keep.'

  • Religious Liberty: The Legal Framework in Selected OSCE Countries

    At the briefing, an in-depth study examining the religious liberties laws and constitutional provisions of twelve countries: Austria, France, Germany, Greece, the Netherlands, Poland, Russia, Turkey, Ukraine, United Kingdom, the United States, and Uzbekistan formally released by the Helsinki Commission was discussed. The project was inspired by the agreement of OSCE participating States to “ensure that their laws, regulations, practices and policies conform with their obligation under international law and are brought into harmony with the provisions of the Declaration on Principles and other OSCE commitments.” Various panelists addressed the issue of governments continuing to impose restrictions on individual religious liberties, despite a prior agreement to curtail anti-religious laws and governmental practices designed to prevent people from practicing or expressing their religious beliefs. Legal specialists from the Law Library of Congress emphasized a “frightening” trend in France to limit an individual’s right to freely express religious views or participate in religious activities, a Greek policy requiring one’s religious affiliation to be listed on government-issued identification cards, and Turkish raids on Protestant groups as examples of the violations of religious liberty that continue to plague these selected OSCE countries.

  • OSCE PA Delegation Trip Report

    Mr. President, I take this opportunity to provide a report to my colleagues on the successful congressional delegate trip last week to St. Petersburg, Russia, to participate in the Eighth Annual Parliamentary Assembly Session of the Organization for Security and Cooperation in Europe, known as the OSCE PA. As Co-chairman of the Helsinki Commission, I headed the Senate delegation in coordination with the Commission Chairman, Congressman Chris Smith. This year's congressional delegation of 17 members was the largest representation by any country at the proceedings and was welcomed as a demonstration of continued U.S. commitment to security in Europe. Approximately 300 parliamentarians from 52 OSCE participating states took part in this year's meeting of the OSCE Parliamentary Assembly. My objectives in St. Petersburg were to advance American interests in a region of vital security and economic importance to the United States; to elevate the issues of crime and corruption among the 54 OSCE countries; to develop new linkages for my home state of Colorado; and to identify concrete ways to help American businesses. The three General Committees focused on a central theme: ``Common Security and Democracy in the Twenty-First Century.'' I served on the Economic Affairs, Science, Technology and the Environment Committee which took up the issue of corruption and its impact on business and the rule of law. I sponsored two amendments that highlighted the importance of combating corruption and organized crime, offering concrete proposals for the establishment of high-level inter-agency mechanisms to fight corruption in each of the OSCE participating states. My amendments also called for the convening of a ministerial meeting to promote cooperation among these states to combat corruption and organized crime. My anti-corruption amendment was based on the premise that corruption has a negative impact on foreign investment, on human rights, on democracy building and on the rule of law. Any investor nation should have the right to expect anti-corruption practices in those countries in which they seek to invest. Significant progress has been made with the ratification of the new OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Under the OECD Convention, companies from the leading exporting nations will have to comply with certain ethical standards in their business dealings with foreign public officials. And, last July, the OSCE and the OECD held a joint conference to assess ways to combat corruption and organized crime within the OSCE region. I believe we must build on this initiative, and offered my amendment to urge the convening of a ministerial meeting with the goal of making specific recommendations to the member states about steps which can be taken to eliminate this primary threat to economic stability and security and major obstacle to U.S. businesses seeking to invest and operate abroad.   My anti-crime amendment was intended to address the negative impact that crime has on our countries and our citizens. Violent crime, international crime, organized crime and drug trafficking all undermine the rule of law, a healthy business climate and democracy building. This amendment was based on my personal experiences as one of the only members of the United States Senate with a law enforcement background and on congressional testimony that we are witnessing an increase in the incidence of international crime, and we are seeing a type of crime which our countries have not dealt with before. During the opening Plenary Session on July 6, we heard from the Governor of St. Petersburg, Vladimir Yakolev, about how the use of drugs is on the rise in Russia and how more needs to be done to help our youth. On July 7, I had the opportunity to visit the Russian Police Training Academy at St. Petersburg University and met with General Victor Salnikov, the Chief of the University. I was impressed with the General's accomplishments and how many senior Russian officials are graduates of the university, including the Prime Minister, governors, and members of the Duma. General Salnikov and I discussed the OSCE's work on crime and drugs, and he urged us to act. The General stressed that this affects all of civilized society and all countries must do everything they can to reduce drug trafficking and crime. After committee consideration and adoption of my amendments, I was approached by Senator Jerry Grafstein from Canada who indicated how important it was to elevate the issues of crime and corruption in the OSCE framework. I look forward to working with Senator Grafstein and other parliamentarians on these important issues at future multi-lateral meetings. St. Petersburg is rich in culture and educational resources. This grand city is home to 1,270 public, private and educational libraries; 181 museums of art, nature, history and culture; 106 theaters; 52 palaces; and 417 cultural organizations. Our delegation visit provided an excellent opportunity to explore linkages between some of these resources with the many museums and performing arts centers in Colorado. On Thursday, July 8, I met with Tatyana Kuzmina, the Executive Director for the St. Petersburg Association for International Cooperation, and Natalia Koltomova, Senior Development Officer for the State Museum of the History of St. Petersburg. We learned that museums and the orchestras have exchanges in New York, Michigan and California. Ms. Kuzmina was enthusiastic about exploring cultural exchanges with Denver and other communities in Colorado. I look toward to following up with her, the U.S. Consulate in St. Petersburg, and leaders in the Colorado fine arts community to help make such cultural exchanges a reality. As proof that the world is getting smaller all the time, I was pleasantly surprised to encounter a group of 20 Coloradans on tour. In fact, there were so many from Grand Junction alone, we could have held a Town Meeting right there in St. Petersburg! In our conversations, it was clear we shared the same impressions of the significant potential that that city has to offer in future linkages with Colorado. I ask unanimous consent that a list of the Coloradans whom I met be printed in the Record following my remarks. In the last Congress, I introduced the International Anti-Corruption Act of 1997 (S. 1200) which would tie U.S. foreign aid to how conducive foreign countries are to American businesses and investment. As I prepare to reintroduce this bill in the 106th Congress and to work on combating crime and corruption within the OSCE framework, I participated in a meeting of U.S. business representatives on Friday, July 9, convened by the Russian-American Chamber of Commerce, headquartered in Denver. We were joined by my colleagues, Senator Kay Bailey Hutchison, Senator George Voinovich and my fellow Coloradan, Congressman Tom Tancredo. We heard first-hand about the challenges of doing business in Russia from representatives of U.S. companies, including Lockheed Martin Astronautics, PepsiCo, the Gillette Company, Coudert Brothers, and Colliers HIB St. Petersburg. Some issues, such as export licensing, counterfeiting and corruption are being addressed in the Senate. But, many issues these companies face are integral to the Russian business culture, such as taxation, the devaluation of the ruble, and lack of infrastructure. My colleagues and I will be following up on ways to assist U.S. businesses and investment abroad. In addition, on Wednesday, July 7, I participated in a meeting at the St. Petersburg Investment Center. The main focus of the meeting was the presentation of a replica of Fort Ross in California, the first Russian outpost in the United States, to the Acting U.S. Consul General on behalf of the Governor of California. We heard from Anatoly Razdoglin and Valentin Makarov of the St. Petersburg Administration; Slava Bychkov, American Chamber of Commerce in Russia, St. Petersburg Chapter; Valentin Mishanov, Russian State Marine Archive; and Vitaly Dozenko, Marine Academy. The discussion ranged from U.S. investment in St. Petersburg and the many redevelopment projects which are planned or underway in the city. As I mentioned, on Wednesday, July 7, I toured the Russia Police Training Academy at St. Petersburg University and met with General Victor Salnikov, the Chief of the University. This facility is the largest organization in Russia which prepares law enforcement officers and is the largest law institute in the country. The University has 35,000 students and 5,000 instructors. Among the law enforcement candidates, approximately 30 percent are women. The Police Training Academy has close contacts with a number of countries, including the U.S., France, Germany, the United Kingdom, Finland, Israel and others. Areas of cooperation include police training, counterfeiting, computer crimes, and programs to combat drug trafficking. I was informed that the Academy did not have a formal working relationship with the National Institute of Justice, the research and development arm of the U.S. Department of Justice which operates an extensive international information-sharing program. I intend to call for this bilateral linkage to facilitate collaboration and the exchange of information, research and publications which will benefit law enforcement in both countries fight crime and drugs. In addition to the discussions in the plenary sessions of the OSCE Parliamentary Assembly, we had the opportunity to raise issues of importance in a special bilateral meeting between the U.S. and Russia delegations on Thursday morning, July 8. Members of our delegation raised issues including anti-Semitism in the Duma, developments in Kosovo, the case of environmental activist Aleksandr Nikitin, the assassination of Russian Parliamentarian Galina Starovoitova, and the trafficking of women and children. As the author of the Senate Resolution condemning anti-Semitism in the Duma (S. Con. Res. 19), I took the opportunity of this bilateral session to let the Russian delegation, including the Speaker of the State Duma, know how seriously we in the United States feel about the importance of having a governmental policy against anti-Semitism. We also stressed that anti-Semitic remarks by their Duma members are intolerable. I look forward to working with Senator Helms to move S. Con. Res. 19 through the Foreign Relations Committee to underscore the strong message we delivered to the Russians in St. Petersburg. We had the opportunity to discuss the prevalence of anti-Semitism and the difficulties which minority religious organizations face in Russia at a gathering of approximately 100 non-governmental organizations (NGOs), religious leaders and business representatives, hosted by the U.S. Delegation on Friday, July 9. We heard about the restrictions placed on religious freedoms and how helpful many American non-profit organizations are in supporting the NGO's efforts. I am pleased to report that the U.S. Delegation had a significant and positive impact in advancing U.S. interests during the Eighth OSCE Parliamentary Assembly Session in St. Petersburg. To provide my colleagues with additional information, I ask unanimous consent that my formal report to Majority Leader Lott be printed in the Record following my remarks. Thank you, Mr. President, I yield the floor.

  • Torture in the OSCE Region

    In advance of the 2000 commemoration of the United Nations Day in Support of the Victims of Torture, the Helsinki Commission held a briefing to focus on the continuing problem of torture in the OSCE region. In spite of these efforts and the efforts of our Commission, including introducing and working for passage of two bills, the Torture Victims Relief Act and the Reauthorization of the Torture Victims Relief Act, torture continues to be a persistent problem in every OSCE country including the United States. This briefing considered two specific problem areas, Chechnya and Turkey, as well as efforts to prevent torture and to treat torture survivors. Witnesses testifying at the briefing – including Dr. Inge Genefke, International Rehabilitation Council for Torture Victims; Maureen Greenwood, Advocacy Director for  Europe and the Middle East, Amnesty International; and Douglas Johnson, Executive Director of the Center for the Victims of Torture – highlighted statistics about the number of torture victims in Turkey and Chechnya and related violations of individual rights.

  • Bosnia’s Future under the Dayton Agreement

    There has been insufficient progress in implementing the Dayton Agreement, according to members of the Commission on Security and Cooperation in Europe (the Helsinki Commission)  regarding Bosnia’s future under the agreement which, in late 1995, ended almost four years of conflict in that country, marked by aggression and ethnic cleansing. The hearing witnesses called for the arrest and prosecution of those indicted for war crimes, crimes against humanity, and genocide, including Bosnian Serb extremist leader Radovan Karadzic, his military sidekick Ratko Mladic and Yugoslav President Slobodan Milosevic, the mastermind of the conflict.

  • Helsinki Final Act 25th Anniversary Resolution

    Mr. Speaker, today I am introducing a resolution commemorating the 25th anniversary of the Helsinki Final Act, an international accord whose signing represents a milestone in European history. As Chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, I have been privileged to be associated with the Helsinki process and its seminal role in advancing human rights, democracy and the rule of law in Europe. I am pleased to be joined by my fellow Helsinki Commissioners Representatives Hoyer, Wolf, Cardin, Salmon, Slaughter, Greenwood, Forbes and Pitts as original cosponsors. A companion resolution is being introduced today in the Senate by Helsinki Commission Co-Chair Sen. Ben Nighthorse Campbell.   The Helsinki Final Act and the process it spawned have been instrumental in consigning the Communist Soviet Empire, responsible for untold violations of human rights, into the dustbin of history. With its language on human rights, the Helsinki Final Act, for the first time in the history of international agreements, granted human rights the status of a fundamental principle in regulating international relations. The Final Act's emphasis on respect for human rights and fundamental freedoms is rooted in the recognition that the declaration of such rights affirms the inherent dignity of men and women and not privileges bestowed at the whim of the state.   Equally important, Mr. Speaker, the standards of Helsinki which served as a valuable lever in pressing human rights issues also provided encouragement and sustenance to courageous individuals who dared to challenge repressive communist regimes. Many of these brave men and women, members of the Helsinki Monitoring Groups in Russia, Ukraine, Lithuania, Georgia, Armenia, and similar groups in Poland and Czechoslovakia, Soviet Jewish emigration activists, members of repressed Christian denominations and others, paid a high price in the loss of personal freedom and, in some instances, their lives, for their active support of principles enshrined in the Helsinki Final Act. Western pressure through the Helsinki process, now advanced in the forum of the Organization for Security and Cooperation in Europe, greatly contributed to the freeing of the peoples of the Captive Nations, thus bringing an end to the Cold War.   The Helsinki Commission, on which I have served since 1983, played a significant role in promoting human rights and human contacts. The congressional initiatives such as hearings, resolutions, letters and face-to-face meetings with representatives of Helsinki signatories which violated human rights commitments, encouraged our own government to raise these issues consistently and persistently. The Commission's approach at various Helsinki meetings has always been to encourage a thorough and detailed review of compliance with Helsinki agreements. Specific cases and issues are cited, rather than engaging in broad, philosophical discussions about human rights. With the passage of time, and with the leadership of the United States, this more direct approach in pressing human rights concerns has become the norm. In fact, by 1991 the Helsinki signatory states accepted that human dimension commitments `are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the state concerned.'   With the dissolution of the Soviet Union and Yugoslavia, the OSCE region has changed dramatically. In many States, we have witnessed dramatic transformation and a consolidation of the core OSCE values of democracy, human rights and the rule of law. In others, there has been little if any progress, and in some, armed conflicts have resulted in hundreds of thousands having been killed and in the grotesque violation of human rights. The OSCE, which now includes 54 participating States, has changed to reflect the changed international environment, undertaking a variety of initiatives designed to prevent, manage, and resolve conflict and emphasizing respect for rule of law and the fight against organized crime and corruption, which constitute a threat to economic reform and prosperity. The Helsinki process is still dynamic and active, and the importance of a vigorous review in which countries are called to account for violations of their freely undertaken Helsinki commitments has not diminished.   This resolution calls on the President to issue a proclamation reaffirming the United States' commitment to full implementation of the Helsinki Final Act. All signatory states would be asked to clarify that respect for human rights and fundamental freedoms, democratic principles as well as economic liberty, and the implementation of related commitments continue to be vital elements in promoting a new era of democracy, peace and unity in the OSCE region. In the twenty-five years since this historic process was initiated in Helsinki, there have been many successes. Mr. Speaker, the task is still far from complete, and we must continue to do our part in championing the values that Helsinki espouses.

  • 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.

  • The Deterioration of Freedom of the Media in OSCE Countries

    The stated purpose of this hearing, presided over by Rep. Christopher Smith (NJ-04) was to draw attention to the deteriorating status of free speech and press throughout the OSCE region, raise alarm about this deterioration, and call upon OSCE participating states to recommit themselves to these freedoms. Such an impetus was drawn from how members of the press were mistreated in foreign countries. For example, 34 journalists were killed in the OSCE region in the year of 1999.

  • The Impact of Organized Crime and Corruption On Democratic and Economic Reform

    Commissioners Christopher Smith and Ben Nighthorse Campbell, along with others, discussed just how detrimental organized crime and corruption are on society. More specifically, organized crime negatively impact democracy’s expansion, the promotion of civil society, and security in the OSCE region, as well as economic development, particularly in southeast Europe and Central Asia. This is relevant to the United States because it has a strategic interest in promoting democratic reform and stability in the former U.S.S.R. and Central Asia. Countries in this region assist U.S. businesses exploring market opportunities, and the U.S. provides a good bit of bilateral assistance to these countries. The Helsinki Commission has pressed for greater OSCE involvement in efforts to combat corruption.

  • The Ordeal of Andrei Babitsky

    Mr. Speaker, a small bit of good news has emerged from the tortured region of Chechnya, where the Russian military is killing, looting, and terrorizing the population under the guise of an “anti-terrorism operation.” Andrei Babitsky, the Radio Liberty correspondent who had disappeared in Chechnya in early February after Russian authorities had “exchanged” him to unknown persons in return for some Russian prisoners of war, has emerged in Dagestan and is now in Moscow recuperating from his ordeal. Mr. Babitsky's courageous reporting from the besieged city of Grozny had infuriated Russian military authorities, and he was arrested in mid-January and charged with “participating in an unlawful armed formation.” Prior to his release, Mr. Babitsky had spent time in the notorious Chernokozovo “filtration” camp where the Russian military has been detaining and torturing Chechens suspected of aiding the resistance. Following his arrival in Moscow, Mr. Babitsky provided a harrowing account of his incarceration at the Chernokozovo prison, and especially the savage treatment of his fellow prisoners. It is another graphic reminder that for all the fine words and denials coming out of Moscow, the Russian military has been conducting a brutal business that makes a mockery of the Geneva Conventions and the code of military conduct stipulated in the 1994 Budapest Document of the OSCE. Mr. Speaker, last month President Clinton stated that Russia's Acting President Putin is a man the United States “can do business with.” With this in mind, I would suggest for the Record excerpts from Mr. Babitsky's interview with an NTV reporter in Russia. If Mr. Putin is aware of the state of affairs at Chernokozovo and condoning it, I would submit that our business with Mr. Putin should be extremely limited. If he is not aware of the truth, then his authority over Russia is a chimera, and we might better deal with the real rulers of Russia. Babitsky's statement follows: [From Hero of the Day NTV Program, 7:40 p.m., Feb. 29, 2000] INTERVIEW WITH RADIO LIBERTY CORRESPONDENT ANDREI BABITSKY Babitsky: On the 16th I tried to leave the city of Grozny through the settlement of Staraya Sunzha, a suburb of Grozny which at the time was divided into two parts. One part was controlled by federal troops and the other by the Chechen home guard. I entered the territory controlled by the federals and it was there that I was recognized. I was identified as a journalist, I immediately presented my documents. All the subsequent claims that I was detained as a person who had to be identified are not quite clear to me. I had my passports with me, my accreditation card of a foreign correspondent. Then I was taken to Khankala. Not what journalists who had covered the first war regarded as Khankala, but to an open field. There was an encampment there consisting of trucks used as their office by army intelligence officers. Two of my cassettes that I had filmed in Grozny were taken from me. They contained unique frames. I think those were the last video pictures ever taken by anyone before Grozny was stormed. Those, again, were pictures of thousands of peaceful civilians many of whom, as we now know, were killed by federal artillery shells. I spent two nights in Khankala, in the so-called Avtozak, a truck converted into a prison cell. On the third day I was taken to what the Chechens call a filtration center, the preliminary detention center in Chernokozovo. I believe I am the only journalist of those who covered the first and the second Chechen wars who has seen a filtration center from the inside. I must say that all these horrors that we have heard from Chechens who had been there have been confirmed. Everything that we read about concentration camps of the Stalin period, all that we know about the German camps, all this is present there. The first three days that I spent there, that was the 18th, 19th and the 20th, beatings continued round the clock. I never thought that I would hear such a diversity of expressions of human pain. These were not just screams, these were screams of every possible tonality and depth, these were screams of most diverse pain. Different types of beatings cause a different reaction. Q. Are you saying that you got this treatment? A. No, that was the treatment meted out to others. I was fortunate, it was established at once that I am a journalist, true, nobody knew what type of journalist I was. Everybody there were surprised that a journalist happened to be there. In principle, the people there cannot be described as intellectuals. They decided that there was nothing special about this, that such things do happen in a war. As a journalist I was “registered”, as they say, only once. They have this procedure there. When a new detainee is being taken from his cell to the investigator he is made to crawl all the way under a rain of blows with rubber sticks. It hurts but one can survive it. This is a light treatment as compared with the tortures to which Chechens are subjected day and night, those who are suspected of collaborating with the illegal armed formations. There are also cases when some testimony is beaten out of detainees. Q. What is the prison population there? A. In my opinion ..... I was in cell No. 17 during the first three days. In that cell there were 13 inhabitants of the village Aberdykel (sp.--FNS). Most of them were young. Judging by their stories, I am not an investigator and I could not collect a sufficiently full database, but in such an atmosphere one very rarely doubts the veracity of what you are told. Mostly these were young men who had nothing to do with the war. They were really common folk. They were treating everything happening around them as a calamity but they were not taking any sides. They were simply waiting for this calamity to pass either in this direction or that direction. Beatings as a method of getting testimony. This is something that, unfortunately, is very well known in Russian and not only Russian history and tradition. But I must say that apart from everything, in my opinion, in all this torture, as it seemed to me, a large part is due to sheer sadism. In other words, an absolutely unwarranted torturing of people. For instance, I heard ..... You know, you really can't see this because all this happens outside of your cell. But the type of screams leaves no doubt about what is happening. You know this painful reaction. For two hours a woman was tortured on the 20th or the 19th. She was tortured; I have no other word to explain what was happening. That was not hysteria. I am not a medic but I believe that we all know what hysteria is. There were screams indicting that a person was experiencing unbearable pain, and for a long period of time.

  • Helsinki Commission Hearing on Kosovo's Displaced and Imprisoned

    Mr. Speaker, this week the Helsinki Commission held a hearing to review the current situation in Kosovo and the prospects for addressing outstanding human rights issues there. More specifically, the hearing focused on the more than 200,000 displaced of Kosovo, mostly Serb and Roma, as well as those Albanians, numbering at least 1,600 and perhaps much more, imprisoned in Serbia. Witnesses included Ambassador John Menzies, Deputy Special Advisor to the President and Secretary of State for Kosovo Implementation; Bill Frelick, Director for Policy at the U.S. Committee for Refugees; His Grace, Bishop Artemije of the Serbian Orthodox Church; Andrzej Mirga, an expert on Roma issues for the Project on Ethnic Relations and the Council of Europe; Susan Blaustein, a senior consultant at the International Crisis Group; and, finally, Ylber Bajraktari, a student from Kosovo. The situation for the displaced, Mr. Speaker, is truly horrible. In Serbia, most collective centers are grim, lacking privacy and adequate facilities. While most displaced Serbs have found private accommodations, they still confront a horrible economic situation worsened by the high degree of corruption, courtesy of the Milosevic regime. The squalor in which the Roma population from Kosovo lives is much worse, and they face the added burdens of discrimination, not only in Serbia but in Montenegro and Macedonia as well. There is little chance right now for any of them to go back to Kosovo, given the strength of Albanian extremists there. Indeed, since KFOR entered Kosovo eight months ago, it was asserted, more than 80 Orthodox Churches have been damaged or destroyed in Kosovo, more than 600 Serbs have been abducted and more than 400 Serbs have been killed. The situation for those Serbs and Roma remaining in Kosovo is precarious. Other groups, including Muslim Slavs, those who refused to serve in the Yugoslav military, and ethnic Albanians outside Kosovo, face severe problems as well, but their plights are too often overlooked. Meanwhile, the Milosevic regime continues to hold Albanians from Kosovo in Serbian prisons, in many cases without charges. While an agreement to release these individuals was left out of the agreement ending NATO's military campaign against Yugoslav and Serbian forces, with the Clinton Administration's acquiescence, by international law these people should have been released. At a minimum, the prisoners are mistreated; more accurately, many are tortured. Some prominent cases were highlighted: 24-year-old Albin Kurti, a former leader of the non-violent student movement; Flora Brovina, a prominent pediatrician and human rights activist; Ukshin Hoti, a Harvard graduate considered by some to be a possible future leader of Kosovo; and, Bardhyl Caushi, Dean of the School of Law, University of Pristina. Clearly, the resolution of these cases is critical to any real effort at reconciliation in Kosovo. This human suffering, Mr. Speaker, must not be allowed to continue. Action must be taken by the United States and the international community as a whole. Among the suggestions made, which I would like to share with my colleagues, are the following: First, get rid of Milosevic. Little if anything can be done in Kosovo or in the Balkans as a whole until there is democratic change in Serbia; Second, bring greater attention to the imprisoned Albanians in Serbia, and keep the pressure on the Milosevic regime to release them immediately and without condition; Third, rein in extremists on both sides, Albanian and Serb, in Kosovo with a more robust international presence, including the deployment of the additional international police as requested by the UN Administrator; Fourth, find alternative networks for improved distribution of assistance to the displaced in Serbia; Fifth, consider additional third-country settlement in the United States and elsewhere for those groups most vulnerable and unable to return to their homes, like the Roma and those who evaded military service as urged by NATO. Mr. Speaker, as Chairman of the Helsinki Commission, I intend to pursue some of these suggestions with specific legislative initiatives, or through contacts with the Department of State. I hope to find support from my fellow Commissioners and other colleagues. Having heard of the suffering of so many people, we cannot neglect to take appropriate action to help, especially in a place like Kosovo where the United States has invested so much and holds considerable influence as a result.

  • Kosovo’s Displaced and Imprisoned (Pts. 1 – 3)

    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

    WASHINGTON—The Commission on Security and Cooperation in Europe today announced a forthcoming hearing: Kosovo’s Displaced and Imprisoned Monday, February 28 2:00 p.m. to 4:00 p.m. Room B-318, Rayburn House Office Building   Open to Members, Staff, Public and Press Scheduled to testify: Bill Frelick, Director of Policy, U.S. Committee for Refugees His Grace Artemije, Serbian Orthodox Bishop of Prizren and Raska Andrzej Mirga, Co-Chair of the Council of Europe Specialists Group on Roma and Chairman of the Project on Ethnic Relations Romani Advisory Board Susan Blaustein, Senior Consultant, International Crisis Group Approximately two years ago, a decade of severe repression and lingering ethnic tensions in Kosovo erupted into full-scale violence, leading eventually to NATO intervention in early 1999 and UN administration immediately thereafter. The conflict in Kosovo was ostensibly between the Serbian and Yugoslav forces controlled by Yugoslav President Slobodan Milosevic—since indicted for war crimes—on the one hand, and the Kosovo Liberation Army which arose from more militant segments of Kosovo’s Albanian majority on the other. As with previous phases of the Yugoslav conflict, however, the primary victims have largely been innocent civilians. Over one million ethnic Albanians were displaced during the conflict, as well as over one hundred thousand Serbs and tens of thousands of Roma in the aftermath of the international community’s intervention. Senseless atrocities were frequently committed throughout this process of forced migration. Many remain unable to return, and the recent violence in the northern city of Mitrovica demonstrates the continued volatility of the current situation. Meanwhile, a large number of Kosovar Albanians, removed from the region while it was still under Serbian control, languish in Serbian prisons to this day. The February 28 hearing intends to focus on the plight of these displaced and imprisoned people from Kosovo, as well as the prospects for addressing quickly and effectively their dire circumstances.

  • Chechen Parliamentarians

    Representative Chris Smith, Chairman of the Commission, addressed the “war of destruction” in Chechnya and the Russian government’s claim of it being an anti-terrorist operation. Smith condemned Russia’s actions on behalf of the Commission and highlighted its application of indiscriminate force on an entire population to punish a handful of guilty. In response to concern from the international community, the Russian Government and military simply claim that the conflict is an internal matter. The witnesses – Seilam Bechaev, Vice President of the Chechen Praliament and Mr. Tourpal-Ali Kaimov, Chairman of the Budget Committee of the Chechen Parliament – discuss the current state of Chechnya and its deterioration since declaring independence in 1997.

  • Tear Down the Usti Wall, Drop the Charges against Ondrej Gina

    Mr. Speaker, in recent weeks, we have seen a number of historic dates come and go, with appropriate commemoration. November 9, for example, marked the tenth anniversary since the fall of the Berlin Wall. Yesterday, November 17, is recognized as the commencement of the Velvet Revolution which unleashed the forces of democracy against the totalitarian regime in Czechoslovakia. To mark that occasion, George Bush, Margaret Thatcher, Mikhail Gorbachev and other former leaders from the day met with President Vaclav Havel in Prague. Beyond the symbolism of those dates, they have had other meaning. Many of us had hoped that the wall in Usti nad Labem, Czech Republic, a symbol of racism, would be brought down on the anniversary of the fall of the Berlin Wall. Regrettably, November 9, came and went, and the Usti Wall still stood. We had hoped that the Usti Wall would come down on November 17. Some Czech officials even hinted this would be the case. Regrettably, November 17 has come and gone, and the Usti Wall still stands. Now, I understand some say the Usti Wall should come down before the European Union summit in Helsinki, scheduled for December 6. Mr. Speaker, the Usti Wall should never have been built, and it should come down now, today. As President Reagan exhorted Mr. Gorbachev more than ten years ago, so I will call on Czech leaders today: Tear down the Usti Wall. Last fall, a delegation from the Council of Europe visited Usti nad Labem. Afterwards, the Chairwoman of the Council's Specialist Group on Roma, Josephine Verspaget, held a press conference in Prague when she called the plans to build the Usti Wall “:a step towards apartheid.” Subsequently, the United States delegation to the OSCE's annual human rights meeting in Warsaw publicly echoed those views. Since the construction of the Usti Wall, this sentiment has been voiced, in even stronger terms, by Ondrej Gina, a well-known Romani activist in the Czech Republic. He is now being prosecuted by officials in his home town of Rokycany, who object to Gina's criticisms. The criminal charges against Mr. Gina include slander, assault on a public official, and incitement to racial hatred. In short, Mr. Gina is being persecuted because public officials in Rokycany do not like his controversial opinions. They object to Mr. Gina's also using the word “apartheid.” I can certainly understand that the word “apartheid” makes people feel uncomfortable. It is an ugly word describing an ugly practice. At the same time, if the offended officials want to increase their comfort level, it seems to me that tearing down the Usti Wall, not prosecuting Ondrej Gina, would be a more sensible way to achieve that goal. As it stands, Mr. Gina faces criminal charges because he exercised his freedom of expression. If he is convicted, he will become an international cause célebre. If he goes to jail under these charges, he will be a prisoner of conscience. Mr. Speaker, it is not unusual for discussions of racial issues in the United States to become heated. These are important, complex, difficult issues, and people often feel passionate about them. But prosecuting people for their views on race relations cannot advance the dialogue we seek to have. With a view to that dialogue, as difficult as it may be, I hope officials in Rokycany will drop their efforts to prosecute Mr. Gina.

  • Expressing United States Policy toward the Slovak Republic

    Mr. SMITH of New Jersey. Mr. Speaker, as chairman of the Helsinki Commission, I watched for several years as the human rights situation in Slovakia deteriorated under the leadership of former Prime Minister Vladimir Meciar. I saw how the fledgling democratic institutions of that new country were undermined, how parliamentary and constitutional processes were threatened, and how the rule of law was slowly but surely choked. I, joined by colleagues from the Commission, raised these issues time and again with Slovak officials, as did other officials of the U.S. Government. Unfortunately, Mr. Meciar was not very receptive to our arguments.   As it happened, however, the fate of the democratic process in Slovakia was not left to the tender mercies of Vladimir Meciar. A year ago, the people of Slovakia took matters into their own hands. In an election carefully monitored by the OSCE, voters returned to office a coalition government that ended Meciar's increasingly authoritarian rule.   Initially, this broadly based, some might even say weak, coalition seemed to stand only for one thing: it was against Meciar. But in the year that has passed, we cannot say that this government is not simply united in its opposition against the former regime, it is united in its commitment for democracy, for the rule of law, for a free market economy, for a transparent privatization process that is accountable to the people, and for a community of democracies dedicated to the protection of their common security.   Mr. Speaker, the process of transition that Slovakia struggles with today is not an easy one. In fact, many of the commemorations held this month to celebrate the fall of the Berlin Wall and the end of communism have focused on just how difficult this transition has been, including for Slovakia's closest neighbors. In spite of this, the Slovak Government has proceeded to make some very tough decisions this year. I am particularly impressed by the willingness of Prime Minister Dzurinda to make decisions that, while necessary for the long term, economic well-being of his country, may be very politically unpopular in the short term. That takes courage.   I know, of course, that Slovakia still has a lot of work ahead. As in most other European countries, there is much that should be done in Slovakia to improve respect for the human rights of the Romani minority. But there is much that Slovakia has accomplished in the past year and, especially as someone who has been critical of Slovakia in the past, I want to acknowledge and commend those achievements. Mr. Speaker, I hope others will join me in sending this message and will support H. Con. Res. 165.

  • Chechen Crisis and its Implications for Russian Democracy

    This hearing of the Commission on Security and Cooperation in Europe was held to discuss the renewed military action taken against Chechnya in response to terrorist bombings. There is extensive discussion on the ramification of Russian human rights violations for the state of Russian Democracy. Additionally, there are several arguments that the war could destabilize the Caucus region.

Pages