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U.S. Congressional Delegation Defends Human Rights, Regional Security at OSCE PA Winter Meeting in Vienna
Delegation Also Joins Munich Security Conference
Wednesday, February 27, 2019

Led by Helsinki Commission Co-Chairman Sen. Roger Wicker (MS), 12 members of Congress traveled to the OSCE Parliamentary Assembly (PA) Winter Meeting in Vienna in late February to demonstrate the commitment of the United States to security, human rights, and the rule of law in the 57-nation OSCE region.

Sen. Wicker, who also serves as a vice-president of the OSCE PA, was joined in Austria by Sen. Bob Casey (PA), Sen. Martin Heinrich (NM), Sen. Tom Udall (NM), Sen. Mike Lee (UT), Sen. Chris Van Hollen (MD), Rep. Roger Aderholt (AL-04), Rep. Lloyd Doggett (TX-35), Rep. Richard Hudson (NC-08), Rep. Sheila Jackson Lee (TX-18), Rep. Gwen Moore (WI-04), and Rep. Lee Zeldin (NY-01). The bipartisan, bicameral delegation was one of the largest U.S. delegations to a Winter Meeting in OSCE PA history.

During the meeting of the Committee on Political Affairs and Security, Sen. Wicker criticized the Russian Federation for its interference in U.S. elections, as well as in elections held by other OSCE countries.

“It is indisputable that the Russian Government seeks to attack and even undermine the integrity of our elections and of our democratic processes,” he said. “We must all be more aware of—and proactive in countering—Russia’s efforts to undermine the democratic process throughout the OSCE region.”

In the same session, Rep. Hudson lamented Russian non-compliance with the Intermediate-Range Nuclear Forces (INF) Treaty, underlining that “an INF Treaty with which all parties comply contributes to global stability; an arms control treaty that one side violates is no longer effective at keeping the world safer.”  Rep. Hudson further stressed that “in light of our six-months’ notice of withdrawal, the Russian Government has one last chance to save the INF Treaty by returning to full and verifiable compliance. We hope and pray Russia will take that step.”

In the meeting of the Committee on Economic Affairs, Science, Technology, and Environment, Rep. Hudson also noted the danger that the Nord Stream II pipeline poses to Europe.

“Simply put, we cannot allow Russia to dramatically increase its stranglehold on European energy,” he said. “We must look for alternatives and make sure our democratic institutions cannot be held hostage over energy supply as Nord Stream II would promote.”

Later in the same session, Rep. Moore advocated for the adoption of beneficial ownership transparency to combat globalized corruption.

“Anonymous shell companies are the means through which much modern money laundering occurs,” she said. “We in Congress are working hard to plug the loopholes in the U.S. financial system that have enabled anonymous shell companies to proliferate.”

In a debate on restrictions on human rights during states of emergency during the meeting of the Committee on Democracy, Human Rights and Humanitarian Questions, Rep. Jackson Lee argued, “A state of emergency is not a free pass to dismantle a free press,” nor to threaten academic freedom or freedom of religion. She called on Turkey to release local U.S. Consulate employees Metin Topuz and Mete Canturk, as well as American physicist Serkan Golge.

At the closing session, participants reviewed reports submitted by Sen. Ben Cardin (MD), OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance, and Rep. Chris Smith (NJ-04), OSCE PA Special Representative on Human Trafficking Issues. Rep. Moore encouraged other delegations to share with Sen. Cardin their efforts to implement their commitments to address violence and discrimination, while Rep. Zeldin called for legislative action and enforcement to make “every community in the OSCE region trafficking-free.”

While in Vienna, Rep. Jackson Lee also attended a meeting of the OSCE PA Ad Hoc Committee on Migration, of which she is a member, while Rep. Hudson took part in a meeting of the Ad Hoc Committee on Countering Terrorism, where he serves as a vice chair.

Prior to attending the Winter Meeting, most members of the delegation also attended the Munich Security Conference, the world’s leading forum for debating international security policy. On the margins of the conference, the group met with leaders including Serbian President Aleksandar Vucic, INTERPOL Secretary General Jurgen Stock, and Turkish Defense Minister Hulusi Akar. The delegation was briefed by NATO Supreme Allied Commander Europe Gen. Curtis Scapparotti and Commander, U.S. Army Europe Lt. Gen. Christopher Cavoli.

Members also visited Cyprus, where they met with Cypriot President Nicos Anastasiades to discuss opportunities to advance U.S.-Cyprus relations, resume reunification negotiations on the island, and counter the threat of money laundering to Cyprus’ banking sector. Major General Cheryl Pearce of Australia, Force Commander of the United Nations Peacekeeping Force in Cyprus, briefed the delegation on UNFICYP’s mission and the status of conflict resolution efforts. Following her briefing, the delegation toured the UN Buffer Zone to examine the work of the UN’s peacekeeping force and the physical separation that afflicts the island.

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  • Helsinki Commission on Property Restitution Issues

    By Erika B. Schlager Counsel for International Law On September 10, 2003, the Commission on Security and Cooperation in Europe (the Helsinki Commission) held a briefing to assess the status of governmental efforts to provide restitution of, or compensation for, property wrongfully seized in Europe under communist and Nazi rule. Ambassador Randolph M. Bell, Special Envoy for Holocaust Issues, provided an update on developments since his participation in the Commission's July 2002 hearing on this subject. Helsinki Commission Ranking Member Benjamin L. Cardin (D-MD) chaired the September 10 briefing, noting that "this issue will continue to be on our agenda until we accomplish the objectives of transparent laws in all of the states [and] fair and just compensation for the properties that were unlawfully taken during the Nazi and communist years." The Helsinki Commission has previously held three hearings specifically on these issues. In a related development, on October 13, Commission Chairman Rep. Christopher H. Smith (R-NJ), Mr. Cardin, Commissioner Rep. Joseph R. Pitts (R-PA), and Representative Jo Ann Davis (R-VA) met with Polish officials in Warsaw to raise directly their concerns regarding Poland's failure to adopt any private property restitution or compensation law at all. Members met with Piotr Ogrodzinski, Director of the Americas Department at the Polish Ministry of Foreign Affairs, Andrzej Szarawarski, Secretary of State at the Ministry of the Treasury, and Under-Secretary of State Barbara Misterska-Dragan. The Members reminded their interlocutors that President Kwasniewski and Foreign Minister Cimoszewicz gave their personal assurances to congressional leaders (including Chairman Smith) in a meeting with House Speaker Dennis Hastert in July 2002 that a private property law would be ready by the beginning of 2003. Notwithstanding this pledge, the Government of Poland has failed to submit such a law to parliament. In Warsaw, Members voiced acute frustration at continuing delays and urged the Polish Government to move quickly on this time-sensitive issue. Briefing Reviews Mixed Record In his introductory remarks, Ambassador Bell stressed that a number of measures must be in place for effective restitution: open access to archival records, uniform enforcement of laws, clear procedures, and provisions for current occupants of property subject to restitution. Uniform, fair, and complete restitution is necessary to establish the rule of law and to safeguard rights and freedoms in many countries, he noted. Ambassador Bell also suggested that restitution can facilitate reform and thereby help countries gain entry into multilateral institutions. Most OSCE countries working toward restitution are making slow but steady progress on the return of communal property, such as educational, church, and hospital buildings. According to Bell, some countries have nearly completed the return of such property, including Slovakia, Slovenia, and Bulgaria. In other instances, returning property to its owners, or reimbursing them, is fraught with political obstacles. "While leaders may achieve our praise for facing these issues, they often gain little or nothing in the way of parliamentary support at home for doing so," Bell said. Speaking from the audience, one observer suggested that restitution often stalls when it becomes a political issue that leaders can manipulate and that economic challenges in restitution create further challenges. He added that politicians should speak more frequently and positively about their experiences restoring property to the rightful owners. "This is a part of the process of becoming an open democratic society, part of the family of Western nations," he said. Progress has been frustratingly slow, acknowledged Commissioner Cardin. The Commission has frequently encountered barriers to restitution, such as residency or citizenship requirements and management of funds under different domestic laws. "We have found that we have gotten commitments from the leaders of countries, only to find that those commitments are not really carried out," Cardin said. Another audience member expressed concern that the Slovenian Government has discriminated against American property owners, arguing that as foreigners, they were less likely to have property returned in Slovenia. Ambassador Bell noted that even when a court does rule in favor of a claimant, the Slovenian Government has the ability to appeal for a reversal. He said the State Department would continue to press for fair property returns in Slovenia. A few countries came in for particular criticism during the briefing. "I am following the advice of our chairman, Chairman Smith, when he says that we have to start naming countries and naming practices, because we cannot let this continue," Mr. Cardin said. "The current situation is not acceptable in Poland or in Romania or in the Czech Republic." Poland Poland has failed to adopt any law providing for private property restitution or compensation. In meetings with congressional leaders last July, visiting President Aleksander Kwasniewski and Foreign Minister Wlodzimierz Cimoszewicz gave assurances that a draft private property law would be ready by early 2003. The government has yet to submit a draft to the parliament. Ambassador Bell urged Poland to make good on its promises to return private property to its rightful owners. "To delay action will only make it more difficult to address this issue down the road," he said. Romania Property restitution in Romania since the fall of communism has been slow and ineffective. The laws enacted by the government to address the problem lack transparency, are complex, and have not been properly implemented. The law governing the restitution of private property was enacted in February 2001 and provided a one-year deadline for filing claims. Documentary proof of those claims was required to be submitted by August 2002. This deadline was revised several times and finally set for May 14, 2003, due to the fact that claimants were experiencing great difficulty in obtaining from state archives the necessary documents to support their claims. More than two and a half years after enactment of the restitution law, the government finally promulgated regulations governing the documentation necessary to support property claims--on May 14, 2003, the same day as the deadline for filing those claims. Of 210,000 claims registered, only 6,300 properties have been returned. Commissioner Cardin described one Romanian case that suggests the kinds of struggles involved with restitution. The claimant in that case had clear title to the property and had won multiple cases in court--but was still unable to regain the property because the government would not relinquish it. Ultimately, the property was returned because of the international publicity it generated. Czech Republic The Czech Republic's restitution laws limit redress for confiscated properties to people who are currently citizens of the Czech Republic. Prior to 1999, Czech law prohibited naturalized U.S. citizens from having dual Czech and American citizenship. In order to participate in the property restitution program, therefore, Czech-Americans had to renounce their U.S. citizenship and few, if any, Czech-Americans exercised this option. In other words, at the same time the Czech Republic was being welcomed into NATO, Czech Americans were uniquely excluded by virtue of their U.S. citizenship from the possibility of regaining properties stolen from them by Nazi or communist regimes. (Czechoslovak citizens who sought refuge in other countries--e.g., Canada, France, or Australia--were not automatically stripped of their Czechoslovak citizenship and were therefore eligible to make restitution claims.) Some Czech parliamentarians have sponsored legislation to remedy this injustice, but the Czech Government has consistently opposed it. Serbia Since the fall of the Milosevic regime, civil society has sought to advance a number of initiatives to address past wrongs, including property reform. While privatization is an important component of economic reform, there is concern that insufficient consideration is given to individuals seeking restitution of property they or their families owned prior to World War II. One observer from the audience noted that the International Crisis Group and others have reported that corruption may make the privatization effort in Serbia all the more difficult for those with property claims. Addressing this issue, Ambassador Bell asserted that corruption inevitably slows down privatization. In addition, he noted that, although the Serbia-Montenegro Government has said it will restitute property seized during communist rule, no law has yet been put in place to do so. "There is a gap between what the new democratic Government of Serbia said when it took office, and what has happened," he said. There are people in the government of Serbia and Montenegro who are serious about reform, but it is a difficult struggle, he added. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Lauren Smith contributed to this article.

  • Intolerance in Contemporary Russia

    Donald Kursch, senior advisor at the US Commission on Security and Cooperation in Europe, led this briefing regarding the emergence of bigotry and anti-semitic rhetoric in Russia. Kursch emphasized that the Russian Federation pledged to promote tolerance and non-discrimination and counter threats to security such as intolerance, aggressive nationalism, racist chauvinism, xenophobia and anti-Semitism.  In the then open environment that prevailed in Russia, proponents of bigotry were more at ease to propagate their unwelcome messages. Experts discussed current trends as well as prospects for fostering a climate of tolerance toward ethnic and religious minorities in the Russian Federation. Ludmilla Alexeyeva, Chairperson of the Moscow Helsinki Group, presented the group’s recent report entitled “Nationalism, Xenophobia and Intolerance in Contemporary Russia.”  Micah Naftalin, Executive Director of the Union of Councils for Jews in the Former Soviet Union presented its compilation on “Anti-Semitism, Xenophobia, and Religious Persecution in Russia’s Regions.”

  • U.S. Policy Toward the OSCE - 2002

    The purpose of this hearing was to examine U.S. policy toward the 55-nation Organization for Security and Cooperation in Europe (OSCE). The Commission hearing focused on how the Administration has been using the OSCE to promote U.S. interests in the OSCE region, particularly as a tool for advancing democracy. The witnesses and Commissioners discussed how the Helsinki Accords is based on mutual monitoring, not mutual evasion of difficult problems and how this concept can be an effective tool for the U.S. foreign policy apparatus. In particular, the hearing covered situations in Central Asia where corruption threatens the development of democratic institutions.

  • Commission Hearing Surveys State of Ethnic Relations in Kosovo

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

  • Concerning Rise in Anti-Semitism in Europe

    Mr. Speaker, I thank my good friend for yielding me time, and I rise in very strong support of H. Res. 393. I want to commend its sponsor and all of the Members who are taking part in this very important debate.   Mr. Speaker, yesterday, along with the gentleman from Maryland (Mr. Cardin), who is on the floor and will be speaking momentarily, we returned back from the OSCE, the Organization for Security and Cooperation in Europe, Parliamentary Assembly.   Every year, parliamentarians from the 55 nations that comprise the OSCE meet to discuss issues of importance. This year the focus was on terrorism, but we made sure that a number of other issues, because certainly anti -Semitism is inextricably linked to terrorism, were raised in a very profound way.   Yesterday, two very historic and I think very vital things happened in this debate. I had the privilege of co-chairing a historic meeting on anti -Semitism with a counterpart, a member of the German Bundestag, Professor Gert Weisskirchen, who is a member of the Parliament there, also a professor of applied sciences at the University of Heidelberg, and we heard from four very serious, very credible and very profound voices in this battle to wage against anti-Semitism.   We heard from Abraham Foxman, the National Director of the Anti -Defamation League, who gave a very impassioned but also very empirical speech, that is to say he backed it up with statistics, with information about this rising tide of anti-Semitism, not just in Europe, but in the United States and Canada as well.   He pointed out, for example, according to their data, 17 percent of Americans are showing real anti -Semitic beliefs, and the ugliness of it. Sadly, among Latinos and African Americans, it is about 35 percent. He pointed out in Europe, in the aggregate, the anti -Semitism was about 30 percent of the population.   Dr. Shimon Samuels also spoke, who is the Director of the Wiesenthal Center in Paris. He too gave a very impassioned and very documented talk. He made the point that the slippery slope from hate speech to hate crime is clear. Seventy-two hours after the close of the Durban hate-fest, its virulence struck at the strategic and financial centers of the United States. He pointed out, “If Durban was Mein Kampf, than 9/11 was Kristalnacht, a warning.”   “What starts with the Jews is a measure, an alarm signaling impending danger for global stability. The new anti -Semitic alliance is bound up with anti -Americanism under the cover of so-called anti –globalization.”   He also testified and said, ``The Holocaust for 30 years acted as a protective Teflon against blatant anti -Semitic expression. That Teflon has eroded, and what was considered distasteful and politically incorrect is becoming simply an opinion. But cocktail chatter at fine English dinners,'' he said, ``can end as Molotov cocktails against synagogues.   ``Political correctness is also eroding for others, as tolerance for multi-culturism gives way to populous voices in France, Italy, Austria, Denmark, Portugal, and in the Netherlands. These countries' Jewish communities can be caught between the rock of radical Islamic violence and the hard place of a revitalized Holocaust-denying extreme right.   “Common cause”, he concluded, “must be sought between the victimized minorities against extremism and fascism.”   I would point out to my colleagues one of those who spoke pointed out, it was Professor Julius Schoeps, that he has found that people do not say “I am anti -Semitic;” they just say ”I do not like Jews”, a distinction without a difference, and, unfortunately, it is rearing itself in one ugly attack after another.   I would point out in that Berlin very recently, two New Jersey yeshiva students, after they left synagogue, they left prayer, there was an anti -American, anti -Israeli demonstration going on, and they were asked repeatedly, are you Jews? Are you Jews? And then the fists started coming their way and they were beaten right there in Berlin.   Let me finally say, Mr. Speaker, that yesterday we also passed a supplementary item at our OSCE Parliamentary Assembly. I was proud to be the principal sponsor. The gentleman from Maryland (Mr. Cardin) offered a couple of strengthening amendments during the course of that debate, and we presented a united force, a U.S. force against anti-Semitism.   I would just point out this resolution now hopefully will act in concert with other expressions to wake up Europe. We cannot sit idly by. If we do not say anything, if we do not speak out, we allow the forces of hate to gain a further foothold. Again, that passed yesterday as well.   Mr. Speaker, I urge Members to become much more aware that this ugliness is rearing its ugly face, not just in the United States, but Canada, in Europe, and we have to put to an end to it. Hate speech and hate crimes go hand in hand.   Mr. Speaker, I urge support of the resolution.   United States Helsinki Commission--Anti -Semitism in the OSCE Region   The Delegations of Germany and the United States will hold a side event to highlight the alarming escalation of anti -Semitic violence occurring throughout the OSCE region.   All Heads of Delegations have been invited to attend, as well as media and NGOs.   The United States delegation has introduced a supplementary item condemning anti -Semitic violence. The Resolution urges Parliamentary Assembly participants to speak out against anti-Semitism.

  • Introduction of Belarus Democracy Act

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

  • Prospects for Ethnic Harmony in Kosovo

    Hon. Christopher H. Smith, Co-Chairman of the Commission on Security and Cooperation in Europe, presided this hearing on the prospects for ethnic harmony in Kosovo. The hearing discussed the situation of human rights in Kosovo, focusing on minority ethnic rights following the release of an OSCE-UNHCR report which emphasized the need for progress in upholding minority rights and refugee returns. Congressman Smith was joined by very distinguished witnesses. Alush A. Gashi, from the political party of Kosovo's President Rugova (LDK) and Foreign Affairs Secretary; Rada Trajkovic, leader of the Serb coalition within the Parliament and leader among the Serb community in Kosovo ("Povratak"); Valerie Percival, projector Director for the International Crisis Group (ICG); His Excellency Nebojsa Covic, Deputy Prime Minister of Serbia, with the responsability of representing Belgrade in Kosovo and southern Serbia; and Daniel Serwer, Director of Balkans Initiative.

  • Commission Hearing Examines Cooperation in the War on Terrorism in the OSCE Region

      United States and European officials testified before a May 8, 2002 hearing of the Commission on Security and Cooperation in Europe on the degree of cooperation among OSCE participating States in the war against terrorism. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing with participation by Ranking Member Rep. Steny H. Hoyer (D-MD), Commissioners Rep. Benjamin L. Cardin (D-MD), Rep. Joseph R. Pitts (R-PA),Rep. Alcee L. Hastings (D-FL), Rep. Frank R. Wolf (R-VA), and Rep. Robert B. Aderholt (R-AL). Portuguese Foreign Minister Antonio Martins da Cruz testified in his capacity as OSCE Chairman-in-Office, while Spain’s Ambassador to the United States, Javier Ruperez, spoke on behalf of the European Union. The State Department’s Principal Deputy Coordinator for Counter-Terrorism, Mark Wong, and the Treasury Department’s Under Secretary for Enforcement, Jimmy Gurulé, represented the Administration. OSCE to Focus on Policing, Border Control, Trafficking and Money Laundering While the OSCE participating States have undertaken anti-terrorism commitments dating as far back as the 1975 Helsinki Final Act, the September 11 terrorist attacks against the United States have given new urgency to cooperation in combating the threats posed by terrorism. Last December, the 55 participating States adopted a Decision on Combating Terrorism at the Bucharest OSCE Ministerial Meeting and subsequently agreed to a Plan of Action at an OSCE and UN-sponsored international conference on strengthening efforts to counter terrorism held in Bishkek, Kyrgyzstan. At the hearing, Foreign Minister Martins da Cruz outlined related measures taken under Portugal’s chairmanship, including the appointment of former Danish Defense Minister Jan Troejborg to serve as the Chairman’s personal representative in coordinating OSCE activities relating to terrorism. Martins da Cruz highlighted policing, border control, trafficking and money laundering as four strategic areas for OSCE focus and noted the establishment of an anti-terrorism unit within the OSCE Secretariat to develop concrete projects in these areas. The Minister described a meeting of secretaries general and other high representatives of international and regional organizations to be held in Lisbon, on June 12, with the aim of enhancing collaboration and coordination on anti-terrorism initiatives. Finally, the Foreign Minister suggested that new measures to fight terrorism, and the financing of it, could be elaborated in an OSCE charter on terrorism. Skeptics have questioned the need for such a charter given the extensive body of existing OSCE anti-terrorism commitments and action plans. Several Helsinki Commissioners emphasized the responsibility first and foremost of the participating States themselves to implement such commitments whether through unilateral or bilateral action as well as multilateral initiatives undertaken by the OSCE. Co-Chairman Smith noted that “terrorists survive and thrive thanks to organized criminal activity, official corruption, inadequate law enforcement and state repression. The OSCE has developed an ability unique among international organizations to highlight these problems and encourage solutions, through multilateral cooperation and the implementation of commitments made by each participating State.” Commission Chairman Senator Ben Nighthorse Campbell (R-CO) echoed this theme in prepared remarks, “The OSCE participating States can make a meaningful contribution to the antiterrorism campaign by focusing on the OSCE principles of democracy, human rights and the rule of law while promoting practical cooperation in combating corruption and international crime – issues closely linked to terrorism.” “It would be a mistake if the OSCE were to be a mere talk shop on terrorism, ” commented Ranking Commissioner Steny H. Hoyer (D-MD). “The organization needs to engage: coordinating activities, reporting from the field, encouraging action to be taken as necessary by the participating States.” Commissioner Pitts, noting how many OSCE countries disregard their commitments, particularly in human rights, asked if there was really much value to negotiating an OSCE charter on terrorism instead of encouraging States to implement existing commitments. The Foreign Minister defended the proposal, arguing that a charter would serve as a useful guideline, especially for countries making the transition to a democracy. Contribution of the European Union Ambassador Javier Ruperez assured the Commission that the European Union “stands firmly with the people of this country, of the United States of America, and with its government in its common struggle against terrorism.” Ruperez then highlighted steps taken by the EU, leading up to the May 2nd Washington summit between President George W. Bush and EU President José María Aznar, with the fight against terrorism as its top priority. The EU Member States have agreed to a common definition of terrorism, adopted a Europe-wide arrest warrant (which the EU would like to extend bilaterally with the United States), and developed law enforcement and judicial cooperation through EUROPOL and EUROJUST. At the U.S.-EU summit, parties negotiated mandates for treaties on extradition and mutual legal assistance. Ruperez stressed the importance of ongoing efforts aimed at developing a consolidated list of individuals and organizations considered to be terrorist by both the EU and the United States. He expressed Spain’s pride in presiding over the EU while these developments were accomplished, especially given Spain’s own struggle against terrorism. Co-Chairman Smith stressed the need to cooperate not only in preventing terrorist acts, but in dealing with them once they occur. Noting the attack on the World Trade Center and the subsequent spread of anthrax in the mail in his own congressional district, Smith expressed shock at how unprepared the authorities were to deal with such catastrophic events. “It’s a matter of when and not if,” Smith said. “I hate to say it, but I think there are enough people who are so radical, so extreme and so full of hate with access to potential weapons of mass destruction that we’ve got to prepare for the worst and pray it never happens.”Views from State and Treasury Mark Wong of the State Department’s Office for Counter-Terrorism stressed President Bush’s definition of the campaign against terrorism as multi-dimensional, entailing not just bilateral but multilateral cooperation in a variety of areas. “All partners in this battle have something to contribute and we all need that contribution,” Mr. Wong said. “No nation, even one as powerful as the United States, can succeed in this long-term battle going it alone.” Mr. Wong praised the EU for its support of the United States, especially in regard to the military response and the efforts to cut terrorist financing. He also called the OSCE one of the “most energetic and cooperative organizations” not only in rallying its participating States to respond to terrorism but also in promoting human rights and democracy building, which, along with the rule of law are “fundamental elements of our broad-based counter-terrorism strategy.” Mr. Wong also said that OSCE police training activities, focused on the Balkans, are very useful in the long-range fight against terrorism. The Coordinator also noted OSCE comprehensive membership as an asset, and pointed to U.S.-Russian cooperation in the OSCE response to terrorism. In his testimony, Secretary Gurulé detailed accomplishments to date in cutting the finances of terrorists. “Treasury has named 210 individuals and entities as financiers of terrorism,” Gurulé said, “and has blocked over $34.3 million in assets. Our coalition partners have blocked an additional $81.3 million. One hundred ninety-six nations have expressed support to disrupt terrorist financing, and 161 nations have blocking orders in place. It would do little good if the Treasury Department issued blocking orders on the bank accounts of terrorist financiers but the terrorists were, nonetheless, able to move their money globally through foreign bank accounts. It was imperative to work closely with our international partners to develop an international coalition to go after terrorist funds.” Secretary Gurulé saw potential for the OSCE as a clearinghouse for linking particular needs of participating States regarding a range of issues from anti-terrorist financing initiatives to expertise of terrorist networks. He noted that there is the will to cooperate but sometimes not the technical ability, legislation or law enforcement mechanisms to conduct complex money laundering and terrorist financing investigations. Country Critiques Particular concerns regarding countries or geographic areas within the OSCE region were raised either during the hearing or in subsequent questions submitted to the State and Treasury Departments which, along with official responses, will become part of the hearing record. Belarus was highlighted for allegedly selling weapons to rogue state sponsors of terrorism. Recent reports that Ukraine and the Czech Republic had also sold or allowed the delivery of weapons to countries like Iraq were raised as well. Commission Members expressed fear that the United States was working with governments in countering terrorism threats that also used such threats as a pretext to deny basic human rights, silence opposition or thwart religious freedoms. Concerns were also voiced with respect to developments in Uzbekistan, Kazakhstan and Georgia. Inquiries were made regarding the extent to which the Russian Federation is cooperating on the financial front and in isolating terrorist-supporting states around the globe. Finally, southeastern Europe was noted for being vulnerable to organized crime and corruption, especially in smuggling and trafficking, which could be used to help finance terrorist organizations. With the OSCE Parliamentary Assembly’s Berlin Annual Session slated to focus on terrorism, several Commissioners asked the Administration witnesses for suggestions on issues relating to the war on terrorism which could be pursued during the course of the meeting in early July. An un-official transcript of the hearing is accessible through the Helsinki Commission’s Internet web site at http://www.csce.gov. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Commission Hearing Examines Cooperation in the War on Terrorism in the OSCE Region

    United States and European officials testified before a May 8, 2002 hearing of the Commission on Security and Cooperation in Europe on the degree of cooperation among OSCE participating States in the war against terrorism. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing with participation by Ranking Member Rep. Steny H. Hoyer (D-MD), Commissioners Rep. Benjamin L. Cardin (D-MD), Rep. Joseph R. Pitts (R-PA), Rep. Alcee L. Hastings (D-FL), Rep. Frank R. Wolf (R-VA), and Rep. Robert B. Aderholt (R-AL). Portuguese Foreign Minister Antonio Martins da Cruz testified in his capacity as OSCE Chairman-in-Office, while Spain’s Ambassador to the United States, Javier Ruperez, spoke on behalf of the European Union. The State Department’s Principal Deputy Coordinator for Counter-Terrorism, Mark Wong, and the Treasury Department’s Under Secretary for Enforcement, Jimmy Gurulé, represented the Administration. OSCE to Focus on Policing, Border Control, Trafficking and Money Laundering While the OSCE participating States have undertaken anti-terrorism commitments dating as far back as the 1975 Helsinki Final Act, the September 11 terrorist attacks against the United States have given new urgency to cooperation in combating the threats posed by terrorism. Last December, the 55 participating States adopted a Decision on Combating Terrorism at the Bucharest OSCE Ministerial Meeting and subsequently agreed to a Plan of Action at an OSCE and UN-sponsored international conference on strengthening efforts to counter terrorism held in Bishkek, Kyrgyzstan. At the hearing, Foreign Minister Martins da Cruz outlined related measures taken under Portugal’s chairmanship, including the appointment of former Danish Defense Minister Jan Troejborg to serve as the Chairman’s personal representative in coordinating OSCE activities relating to terrorism. Martins da Cruz highlighted policing, border control, trafficking and money laundering as four strategic areas for OSCE focus and noted the establishment of an anti-terrorism unit within the OSCE Secretariat to develop concrete projects in these areas. The Minister described a meeting of secretaries general and other high representatives of international and regional organizations to be held in Lisbon, on June 12, with the aim of enhancing collaboration and coordination on anti-terrorism initiatives. Finally, the Foreign Minister suggested that new measures to fight terrorism, and the financing of it, could be elaborated in an OSCE charter on terrorism. Skeptics have questioned the need for such a charter given the extensive body of existing OSCE anti-terrorism commitments and action plans. Several Helsinki Commissioners emphasized the responsibility first and foremost of the participating States themselves to implement such commitments whether through unilateral or bilateral action as well as multilateral initiatives undertaken by the OSCE. Co-Chairman Smith noted that “terrorists survive and thrive thanks to organized criminal activity, official corruption, inadequate law enforcement and state repression. The OSCE has developed an ability unique among international organizations to highlight these problems and encourage solutions, through multilateral cooperation and the implementation of commitments made by each participating State.” Commission Chairman Senator Ben Nighthorse Campbell (R-CO) echoed this theme in prepared remarks, “The OSCE participating States can make a meaningful contribution to the antiterrorism campaign by focusing on the OSCE principles of democracy, human rights and the rule of law while promoting practical cooperation in combating corruption and international crime – issues closely linked to terrorism.” “It would be a mistake if the OSCE were to be a mere talk shop on terrorism,” commented Ranking Commissioner Steny H. Hoyer (D-MD). “The organization needs to engage: coordinating activities, reporting from the field, encouraging action to be taken as necessary by the participating States.” Commissioner Pitts, noting how many OSCE countries disregard their commitments, particularly in human rights, asked if there was really much value to negotiating an OSCE charter on terrorism instead of encouraging States to implement existing commitments. The Foreign Minister defended the proposal, arguing that a charter would serve as a useful guideline, especially for countries making the transition to a democracy. Contribution of the European Union Ambassador Javier Ruperez assured the Commission that the European Union “stands firmly with the people of this country, of the United States of America, and with its government in its common struggle against terrorism.” Ruperez then highlighted steps taken by the EU, leading up to the May 2nd Washington summit between President George W. Bush and EU President José María Aznar, with the fight against terrorism as its top priority. The EU Member States have agreed to a common definition of terrorism, adopted a Europe-wide arrest warrant (which the EU would like to extend bilaterally with the United States), and developed law enforcement and judicial cooperation through EUROPOL and EUROJUST. At the U.S.-EU summit, parties negotiated mandates for treaties on extradition and mutual legal assistance. Ruperez stressed the importance of ongoing efforts aimed at developing a consolidated list of individuals and organizations considered to be terrorist by both the EU and the United States. He expressed Spain’s pride in presiding over the EU while these developments were accomplished, especially given Spain’s own struggle against terrorism. Co-Chairman Smith stressed the need to cooperate not only in preventing terrorist acts, but in dealing with them once they occur. Noting the attack on the World Trade Center and the subsequent spread of anthrax in the mail in his own congressional district, Smith expressed shock at how unprepared the authorities were to deal with such catastrophic events. “It’s a matter of when and not if,” Smith said. “I hate to say it, but I think there are enough people who are so radical, so extreme and so full of hate with access to potential weapons of mass destruction that we’ve got to prepare for the worst and pray it never happens.” Views from State and Treasury Mark Wong of the State Department’s Office for Counter-Terrorism stressed President Bush’s definition of the campaign against terrorism as multi-dimensional, entailing not just bilateral but multilateral cooperation in a variety of areas. “All partners in this battle have something to contribute and we all need that contribution,” Mr. Wong said. “No nation, even one as powerful as the United States, can succeed in this long-term battle going it alone.” Mr. Wong praised the EU for its support of the United States, especially in regard to the military response and the efforts to cut terrorist financing. He also called the OSCE one of the “most energetic and cooperative organizations” not only in rallying its participating States to respond to terrorism but also in promoting human rights and democracy building, which, along with the rule of law are “fundamental elements of our broad-based counter-terrorism strategy.” Mr. Wong also said that OSCE police training activities, focused on the Balkans, are very useful in the long-range fight against terrorism. The Coordinator also noted OSCE comprehensive membership as an asset, and pointed to U.S.-Russian cooperation in the OSCE response to terrorism. In his testimony, Secretary Gurulé detailed accomplishments to date in cutting the finances of terrorists. “Treasury has named 210 individuals and entities as financiers of terrorism,” Gurulé said, “and has blocked over $34.3 million in assets. Our coalition partners have blocked an additional $81.3 million. One hundred ninety-six nations have expressed support to disrupt terrorist financing, and 161 nations have blocking orders in place. It would do little good if the Treasury Department issued blocking orders on the bank accounts of terrorist financiers but the terrorists were, nonetheless, able to move their money globally through foreign bank accounts. It was imperative to work closely with our international partners to develop an international coalition to go after terrorist funds.” Secretary Gurulé saw potential for the OSCE as a clearinghouse for linking particular needs of participating States regarding a range of issues from anti-terrorist financing initiatives to expertise of terrorist networks. He noted that there is the will to cooperate but sometimes not the technical ability, legislation or law enforcement mechanisms to conduct complex money laundering and terrorist financing investigations. Country Critiques Particular concerns regarding countries or geographic areas within the OSCE region were raised either during the hearing or in subsequent questions submitted to the State and Treasury Departments which, along with official responses, will become part of the hearing record. Belarus was highlighted for allegedly selling weapons to rogue state sponsors of terrorism. Recent reports that Ukraine and the Czech Republic had also sold or allowed the delivery of weapons to countries like Iraq were raised as well. Commission Members expressed fear that the United States was working with governments in countering terrorism threats that also used such threats as a pretext to deny basic human rights, silence opposition or thwart religious freedoms. Concerns were also voiced with respect to developments in Uzbekistan, Kazakhstan and Georgia. Inquiries were made regarding the extent to which the Russian Federation is cooperating on the financial front and in isolating terrorist-supporting states around the globe. Finally, southeastern Europe was noted for being vulnerable to organized crime and corruption, especially in smuggling and trafficking, which could be used to help finance terrorist organizations. With the OSCE Parliamentary Assembly’s Berlin Annual Session slated to focus on terrorism, several Commissioners asked the Administration witnesses for suggestions on issues relating to the war on terrorism which could be pursued during the course of the meeting in early July. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Joseph Limprecht, U.S. Ambassador to Albania

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

  • HEARING FOCUSES ON RUSSIAN-CHECHEN WAR

    By John J. Finerty CSCE Staff Advisor The United States Helsinki Commission conducted a hearing on the latest developments in the conflict in Chechnya on May 9, 2002. Commissioner Rep. Robert B. Aderholt (R-AL) chaired the hearing. Commissioners Rep. Joseph R. Pitts (R-PA) and Rep. Alcee L. Hastings (D-FL) also participated. Testifying before the Commission were Steven Pifer, Deputy Assistant Secretary for European and Eurasian Affairs at the U.S. Department of State; Ms. Aset Chadaeva, a pediatric nurse and former resident of Chechnya; Andrei Babitsky, Radio Liberty correspondent and author of Undesirable Witness; and Anatol Lieven, Senior Associate at the Carnegie Endowment for International Peace. “The United States Government is committed to doing all that we can to bring about an end to this conflict and to relieve the suffering of the civilian population,” testified Secretary Pifer. He asserted that the issue of Chechnya has been raised frequently by U.S. government officials with their counterparts, and President George W. Bush discussed it with President Vladimir Putin last November. “We anticipate it will come up at the summit in Moscow and St. Petersburg in two weeks,” Pifer said. “We seek a political settlement that will end the fighting, promote reconciliation, and recognize the territorial integrity of the Russian Federation [as well as] accountability for human rights abuses committed by all sides, and unimpeded access to the displaced by humanitarian organizations,” Pifer elaborated. Referring to U.S. concern about links of some Chechen forces with international terrorist groups, Secretary Pifer stated that the United States Government has called on Chechen President Aslan Maskhadov and other moderate Chechens to disassociate themselves from terrorists. On this point, Pifer noted the United States Government’s efforts to train and equip Georgian military units to deal with terrorist elements in the Pankisi Gorge adjacent to Chechnya’s southern border. Pifer testified that the United States has been the largest single provider of humanitarian aid to the North Caucasus. Since 1999 the U.S. Government has contributed more than 30 million dollars to relieve war-related suffering in the region. Ms. Chadaeva presented gripping testimony based on her work as a nurse in the Chechen town of Aldi on February 5, 2000, when Russian contract soldiers conducted a “cleansing operation” that left sixty civilians dead. “They threw grenades into basements where people were hiding,” Chadaeva said. “They executed unarmed men, women, old people and children. The victims ranged in age from a one-year-old baby to an eighty-two-year-old woman. They killed a woman who was eight months pregnant and her one-year-old son. All my patients who had been wounded during the bombings, who were getting well, were killed and their bodies burned.” Asked if the soldiers intended to kill their victims or if the casualties were the result of random grenades, Chadaeva replied, “these people were killed by being shot in the head...the soldiers knew exactly whom they were killing.” Concluding her description of wanton killing of Chechen civilians by Russian forces, Ms. Chadaeva asked “Is it really necessary to have millions of victims to call such behavior genocide? Isn’t the death of 100,000 Chechens since 1994 in the two Russian-Chechen wars sufficient reason for effective international action to end the conflict and the agony of the Chechen people?” Andrei Babitsky briefly described the fate of people killed for unknown reasons in Chechnya their bodies found bearing signs of torture. They were killed, he said, “as part of the anarchy and arbitrary rule which is now the order of the day in Chechnya.” The Radio Liberty correspondent then described the efforts made by Russian authorities, to prevent information about the war, especially human rights violations and atrocities against non-combatants, from reaching the general public. Moscow had succeeded in creating a “ghetto” of the war zone, he asserted, “shut off from the sight and influence of the outside world.” The main issue, Babitsky contended, is not how individual Russian journalists view the war. Most reporters agree with the official position that Moscow is waging an “anti-terrorist” and “anti-separatist” operation. “The main issue is that the Russian military and the Kremlin have banned reports on killings, torture and kidnaping of civilians by the Russian military,” Babitsky said. “The lack of information about Chechnya is one of the most effective ways to create a situation in which killers and kidnappers in epaulets can operate without legal accountability.” Regarding assertions by Moscow of Chechen involvement with Al Qaeda and the Taliban, Babitsky noted that during a recent visit to Afghanistan, neither he nor other Russian journalists found any Chechen fighters, despite a concerted search. Anatol Lieven observed that the United States now recognizes the presence of international Islamic militant forces in Chechnya and Georgia, whereas earlier, “this was downplayed or even ignored altogether by wide sections of U.S. officialdom, the media and public opinion.” The prevention or elimination of lawless areas and quasi-states in the Muslim world – of which Chechnya between 1996 and 1999 was one – is now recognized as a vital U.S. national interest, since such areas can all too easily become safe havens for Al Qaeda or allied groups,” Lieven continued. Nevertheless, Lieven stated, “while extremists and terrorists have established a strong presence in Chechnya, they have been able to do so because of the legitimate grievances and the great suffering of the Chechen people...The initial appearance of these forces – as in Afghanistan – was due to the brutal Russian military intervention of 1994-96; and the way in which they were able to carve out a powerful position for themselves in 1996-99 owed an enormous amount to the destruction, brutalization, and radicalization left behind by that war.” Summing up, Lieven suggested that U.S. goals should be the destruction or exclusion of the radicals followed by a sharp reduction of the Russian military presence, free elections for a Chechen administration, and the restoration of autonomy. However, he concluded, “before it can embark on any such path the U.S. needs to think very seriously about the correct balance between sympathy for Chechen suffering, respect for Russian security and sovereignty, and America’s own vital interests in this region, in the context of the wider war against terrorism.” An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission’s Internet web site. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Hearing Focuses on Russian-Chechen War

    The United States Helsinki Commission conducted a hearing on the latest developments in the conflict in Chechnya on May 9, 2002. Commissioner Rep. Robert B. Aderholt (R-AL) chaired the hearing. Commissioners Rep. Joseph R. Pitts (R-PA) and Rep. Alcee L. Hastings (D-FL) also participated. Testifying before the Commission were Steven Pifer, Deputy Assistant Secretary for European and Eurasian Affairs at the U.S. Department of State; Ms. Aset Chadaeva, a pediatric nurse and former resident of Chechnya; Andrei Babitsky, Radio Liberty correspondent and author of Undesirable Witness; and Anatol Lieven, Senior Associate at the Carnegie Endowment for International Peace. “The United States Government is committed to doing all that we can to bring about an end to this conflict and to relieve the suffering of the civilian population,” testified Secretary Pifer. He asserted that the issue of Chechnya has been raised frequently by U.S. government officials with their counterparts, and President George W. Bush discussed it with President Vladimir Putin last November. “We anticipate it will come up at the summit in Moscow and St. Petersburg in two weeks,” Pifer said. “We seek a political settlement that will end the fighting, promote reconciliation, and recognize the territorial integrity of the Russian Federation [as well as] accountability for human rights abuses committed by all sides, and unimpeded access to the displaced by humanitarian organizations,” Pifer elaborated. Referring to U.S. concern about links of some Chechen forces with international terrorist groups, Secretary Pifer stated that the United States Government has called on Chechen President Aslan Maskhadov and other moderate Chechens to disassociate themselves from terrorists. On this point, Pifer noted the United States Government’s efforts to train and equip Georgian military units to deal with terrorist elements in the Pankisi Gorge adjacent to Chechnya’s southern border. Pifer testified that the United States has been the largest single provider of humanitarian aid to the North Caucasus. Since 1999 the U.S. Government has contributed more than 30 million dollars to relieve war-related suffering in the region. Ms. Chadaeva presented gripping testimony based on her work as a nurse in the Chechen town of Aldi on February 5, 2000, when Russian contract soldiers conducted a “cleansing operation” that left sixty civilians dead. “They threw grenades into basements where people were hiding,” Chadaeva said. “They executed unarmed men, women, old people and children. The victims ranged in age from a one-year-old baby to an eighty-two-year-old woman. They killed a woman who was eight months pregnant and her one-year-old son. All my patients who had been wounded during the bombings, who were getting well, were killed and their bodies burned.” Asked if the soldiers intended to kill their victims or if the casualties were the result of random grenades, Chadaeva replied, “these people were killed by being shot in the head...the soldiers knew exactly whom they were killing.” Concluding her description of wanton killing of Chechen civilians by Russian forces, Ms. Chadaeva asked “Is it really necessary to have millions of victims to call such behavior genocide? Isn’t the death of 100,000 Chechens since 1994 in the two Russian-Chechen wars sufficient reason for effective international action to end the conflict and the agony of the Chechen people?” Andrei Babitsky briefly described the fate of people killed for unknown reasons in Chechnya their bodies found bearing signs of torture. They were killed, he said, “as part of the anarchy and arbitrary rule which is now the order of the day in Chechnya.” The Radio Liberty correspondent then described the efforts made by Russian authorities, to prevent information about the war, especially human rights violations and atrocities against non-combatants, from reaching the general public. Moscow had succeeded in creating a “ghetto” of the war zone, he asserted, “shut off from the sight and influence of the outside world.” The main issue, Babitsky contended, is not how individual Russian journalists view the war. Most reporters agree with the official position that Moscow is waging an “anti-terrorist” and “anti-separatist” operation. “The main issue is that the Russian military and the Kremlin have banned reports on killings, torture and kidnaping of civilians by the Russian military,” Babitsky said. “The lack of information about Chechnya is one of the most effective ways to create a situation in which killers and kidnappers in epaulets can operate without legal accountability.” Regarding assertions by Moscow of Chechen involvement with Al Qaeda and the Taliban, Babitsky noted that during a recent visit to Afghanistan, neither he nor other Russian journalists found any Chechen fighters, despite a concerted search. Anatol Lieven observed that the United States now recognizes the presence of international Islamic militant forces in Chechnya and Georgia, whereas earlier, “this was downplayed or even ignored altogether by wide sections of U.S. officialdom, the media and public opinion.” The prevention or elimination of lawless areas and quasi-states in the Muslim world – of which Chechnya between 1996 and 1999 was one – is now recognized as a vital U.S. national interest, since such areas can all too easily become safe havens for Al Qaeda or allied groups,” Lieven continued. Nevertheless, Lieven stated, “while extremists and terrorists have established a strong presence in Chechnya, they have been able to do so because of the legitimate grievances and the great suffering of the Chechen people...The initial appearance of these forces – as in Afghanistan – was due to the brutal Russian military intervention of 1994-96; and the way in which they were able to carve out a powerful position for themselves in 1996-99 owed an enormous amount to the destruction, brutalization, and radicalization left behind by that war.” Summing up, Lieven suggested that U.S. goals should be the destruction or exclusion of the radicals followed by a sharp reduction of the Russian military presence, free elections for a Chechen administration, and the restoration of autonomy. However, he concluded, “before it can embark on any such path the U.S. needs to think very seriously about the correct balance between sympathy for Chechen suffering, respect for Russian security and sovereignty, and America’s own vital interests in this region, in the context of the wider war against terrorism.” An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission’s Internet web site. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • International Cooperation In The War On Terrorism

    Sen. Ben Nighthorse Campbell, Rep. Chris Smith, and witnesses discussed the OSCE’s efforts to coordinate counter-terrorism activities among its 55 member states, along with the level that these states are fulfilling their commitments to comply in the fight against terrorist activities and organizations. More specifically, the hearing focused on the financial and diplomatic dimensions of the war on terrorism, along with the European Union’s role in its efforts to fight terrorism in the OSCE region and the world over. This hearing took place with the recent U.S.-EU counter terrorism cooperation summit in mind.

  • Commission Staff Observes Ukrainian Elections

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

  • Cyprus Talks Focus of Commission Briefing

    By Chadwick R. Gore CSCE Staff Advisor The Helsinki Commission held a briefing on March 26 regarding possible outcomes of ongoing direct talks between Republic of Cyprus President Glafcos Clerides and Turkish Cypriot leader Rauf Denktash. The two leaders have been central figures in developments on the divided island nation for over a quarter century. Panelist Ian Lesser said the time is ripe for the two sides to settle this conflict. Lesser, a senior political scientist at the RAND Corporation, attributed the resumption of talks last December to the force of European Union membership. “The issue about European membership for Cyprus, but also in the broader sense European prospects for Turkey and the Europeanization of Greek policy over the last decade…has proved a key context for this [round of talks] to move forward,” Lesser stated. Panelist Doug Bandow, Senior Fellow at the CATO Institute, agreed with Lesser and laid out another catalyst for the talks. “I think what spurs the [talks] today certainly is the issue of the EU and whether or not Cyprus goes in; and in many ways, the Turkish threat, which they haven’t repeated recently but nevertheless hangs over the proceedings, of whether or not to annex the section of the island which the troops occupy,” Bandow said. Central issues which Clerides and Denktash will have to resolve during these talks come from both sides of the Green Line, the dividing line agreed to under the terms of the current United Nations-monitored cease fire. Turkish Cypriots are concerned for their safety on an island that is overwhelmingly Greek. The status of Turkish immigrants under a new form of government is an issue in which both sides take interest. According to Bandow, the citizens of the Republic of Cyprus, mainly of Greek ethnicity, are primarily concerned with “reimbursement for lost property, the right to travel throughout the island, the ability to go back to historic homelands, the notion of having a unified island again; where, in fact, Cyprus exists as a nation in which people are free within that island.” If indeed an agreement is reached between the two parties, the positive outcomes would extend beyond the island’s borders. Colonel Stephen R. Norton (U.S. Army, Ret.), a senior Policy Advisor at the Western Policy Center, expounded on the benefits of a solution. “First, it reduces the potential for conflict in the region. It strengthens NATO’s southern flank at a time when the alliance is deeply engaged in Balkan peacekeeping and the war on terrorism. It improves bilateral relations between NATO allies, Greece and Turkey. It enhances Turkey’s reputation with the European community and helps with its EU accession process – a very important item. It decreases long standing anti-Americanism in Greece. And, finally, it serves as an example where you have Christian and Muslim populations working out their problems together.” Asked how the United States, specifically, can deter another conflict on Cyprus, panelist Philip H. Gordon of the Brookings Institute and the Center on the United States and France, answered, “…every single party involved in this – Turkish Cypriots, Greek Cypriots, Greece, Turkey, EU and us – are worse off if this is not resolved by December and there’s a crisis.” If the solution is to be long lasting, the Cypriots must reach it themselves, Bandow concluded. Despite positive remarks about the situation, none of the four panelists were overly optimistic about the outcome of the current round of talks. Hesitant to set a deadline for an agreement, Gordon editorialized his thoughts, saying, “I think we need to be absolutely prepared for breakdowns in the talks, continued haggling between the two sides, literally up to the last minute, which is probably the EU’s Copenhagen Summit in December.” The Helsinki Commission also held a briefing on Tuesday, December 4, 2001 to explore the renewal of talks on Cyprus between Cypriot President Glafcos Clerides and Turkish Cypriot leader Rauf Denktash. The briefing featured United States Special Coordinator for Cyprus Ambassador Thomas G. Weston.

  • Romani Human Rights: Old Problems, New Possibilities

    This hearing discussed the mistreatment of the Romani, in particular the discrimination they face in Central and Eastern Europe. Witnesses commented on the exclusion of Romani from public facilities in several countries, which the governments justify as legal and legitimate public order measures. Witnesses also brought up articles in several European newspapers that explicitly described Roma children as less intelligent and more suited for “special” schools with limited academic resources. The hearing also discussed the use of a successful anti-discrimination program in Viden, Bulgaria as a model for other communities.

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

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

  • OSCE Parliamentary Assembly Delegation Visits Ukraine

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

  • Anti-Terrorism Conference Held in Bishkek

    By Janice Helwig Policy Advisor The Organization for Security and Cooperation in Europe (OSCE) – together with the United Nations Office for Drug Control and Crime Prevention (UNODCCP) – organized the Bishkek International Conference on Enhancing Security and Stability in Central Asia from December 13-14, 2001 to discuss ways in which the Central Asian countries can contribute to the global fight against terrorism. The conference was a step in implementing the OSCE Action Plan for Combating Terrorism, adopted by the OSCE participating States at the Bucharest Ministerial Meeting earlier in December. The meeting culminated with the adoption of a political declaration and an action program outlining areas where international assistance is particularly needed. (All documents are available on the OSCE website at www.osce.org) The conference also gave State authorities a chance to share experiences and ideas with each other; Spain and the United Kingdom, in particular, discussed lessons they had learned in combating terrorism in their countries. OSCE States had the opportunity to exchange views with countries not normally included in OSCE meetings, such as Pakistan, Iran, India, and China. The goal of the conference was to progress from discussion to action by identifying concrete areas for international assistance to Central Asia in fighting terrorism. The success of the conference depends on whether OSCE States and international organizations follow up on the areas identified and come forward with projects and funding. Kyrgyz President Askar Akaev opened the meeting, and Kyrgyz Foreign Minister Imanaliev also participated. In addition to OSCE participating States, then Chairman-in-Office Romanian Foreign Minister Mircea Geoana attended the conference, as did representatives from several OSCE Institutions – including High Commissioner on National Minorities Rolf Ekeus, Director of ODIHR Gerard Stoudmann, OSCE Secretary General Jan Kubis, and OSCE Parliamentary Assembly Vice-President Ahmet Tan. In addition to UNODCCP, several other international organizations participated, including the Organization of Islamic Conference (OIC), and the International Organization for Migration (IOM). President Akaev stressed the importance of international support for a neutral Afghanistan that will no longer be a haven for extremism, drugs, or terrorism. Kyrgyzstan and other Central Asian states had been pointing out the potential for violence, terrorism, and extremism to spill over from Afghanistan for several years, he noted, but the international community had taken no preventive steps. International efforts to combat terrorism now need to be more proactive. Poverty must be addressed throughout the region in order to minimize the possibility of its being exploited by terrorists to gain followers. All Central Asian states asked for technical and financial assistance, particularly to fight drug trafficking and organized crime, which are often sources of funding for terrorist organizations. The U.S. delegation was co-headed by Stephan M. Minikes, U.S. Ambassador to the OSCE, and Steven Monblatt, Deputy Coordinator in the State Department Office of the Coordinator for Counter Terrorism. Other members of the delegation included representatives from the State Department’s Bureaus of Democracy, Human Rights, and Labor, and of International and Law Enforcement Affairs, as well as a representative of the CSCE. Ambassador Minikes summed up the U.S. position in his closing statement, “We must ensure that our societies are ones in which terrorists cannot thrive, that our societies are ones in which human rights are respected, and in which rule of law, freedom of expression, tolerance, and democracy strengthen stability. As so many noted in Bishkek, societies of inclusion, with economic opportunities for all, pluralistic debate, a political commitment to conflict resolution, and where integration does not mean losing one's identity, are those where extremists have the least chance of generating sympathy and support from the moderate majority.” Other OSCE States discussed the importance of a concerted international effort against terrorism that includes fostering human rights, the rule of law, and economic development. The delegations of the United Kingdom and Spain shared their experiences fighting terrorism. The UK underscored that, based on lessons learned in Northern Ireland, respect for rule of law and human rights must be the basis for any approach to fighting terrorism; otherwise, authorities lose the moral high ground and the support of moderates. In addition, free political debate is essential to provide a peaceful alternative for dissenting views and prevent terrorists from gaining the support of those who share their views but not their methods. ODIHR Director Stoudmann stressed the need for caution as new procedures and legislation are put in place to combat terrorism; government authorities should not, above all, use terrorism as an excuse to rid themselves of opposition or dissent, he suggested. He offered ODIHR’s services in reviewing draft anti-terrorism legislation to ensure that international standards are upheld. In the political declaration, states participating in the conference pledged to work together against terrorism in full conformity with their OSCE commitments and fully respect human rights and the rule of law. They rejected the identification of terrorism with any particular religion or culture. They also noted that, as a neighbor to Afghanistan, the Central Asian region has been exposed to specific challenges and threats to security and therefore needs particular assistance in combating terrorism. The program of action outlined the following priorities for concrete programs: Promoting ratification and implementation of international conventions related to combating terrorism; Enhancing cooperation between both national and international agencies involved in combating terrorism and in fighting crime; Adopting national anti-money laundering legislation and create corresponding structures; Increasing cooperation in the protection of human rights and in strengthening rule of law and democratic institutions; Assisting judicial systems through training and strengthening independence; Fostering political dialogue, including through political parties, civil society, and free media; Addressing economic problems, including through programs to attract investment; Assisting Central Asian states in controlling their borders, particularly with regard to drug trafficking; and Encouraging joint training and operational activities among the countries of Central Asia.

  • Introduction of S. Res. 205 on Parliamentary Elections in Ukraine

    Mr. President, as Chairman of the Commission on Security and Cooperation in Europe, I today am introducing a resolution urging the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31, 2002 parliamentary elections. I am pleased to be joined by fellow Commissioners Dodd and Brownback. Several of our colleagues from the House have introduced a companion resolution. Ukraine's success as an independent, democratic state is vital to the stability and security in Europe, and that country has, over the last decade, enjoyed a strong relationship with the United States. The Helsinki Commission has monitored closely the situation in Ukraine and has a long record of support for the aspirations of the Ukrainian people for human rights and democratic freedoms. Ukraine enjoys goodwill in the Congress and remains one of our largest recipients of assistance in the world. Clearly, there is a genuine desire that Ukraine succeed as an independent, democratic, stable and economically successful state.   It is against this backdrop that I introduce this resolution, as a manifestation of our concern about Ukraine's direction at this critical juncture. These parliamentary elections will be an important indication of whether Ukraine moves forward rather than backslides on the path to democratic development. Indeed, there has been growing cause for concern about Ukraine's direction over the last few years. Last May, I chaired a Helsinki Commission hearing: “Ukraine at the Crossroads: Ten Years After Independence.'' Witnesses at that hearing testified about problems confronting Ukraine's democratic development, including high-level corruption, the controversial conduct of authorities in the investigation of murdered investigative journalist Heorhiy Gongadze and other human rights problems. I had an opportunity to meet Mrs. Gongadze and her daughters who attended that hearing. While there has been progress over the last few months with respect to legislation designed to strengthen the rule of law, it is too early to assert that Ukraine is once again moving in a positive direction. With respect to the upcoming elections, on the positive side we have seen the passage of a new elections law which, while not perfect, has made definite improvements in providing safeguards to meet Ukraine's international commitments. However, there are already concerns about the elections, with increasing reports of violations of political rights and freedoms during the pre-campaign period, many of them documented in reports recently released by the non-partisan, non-government Committee on Voters of Ukraine, CVU.   It is important for Ukraine that there not be a repeat of the 1999 presidential elections which the Organization for Security and Cooperation in Europe, OSCE, stated were marred by violations of the Ukrainian election law and failed to meet a significant number of commitments on the conduct of elections set out in the 1990 OSCE Copenhagen Document. Therefore, this resolution urges the Ukrainian Government to enforce impartially the new election law and to meet its OSCE commitments on democratic elections and to address issues identified by the OSCE report on the 1999 presidential election such as state interference in the campaign and pressure on the media. The upcoming parliamentary elections clearly present Ukraine with an opportunity to demonstrate its commitment to OSCE principles. The resolution we introduce today is an expression of the importance of these parliamentary elections, which could serve as an important stepping-stone in Ukraine's efforts to become a fully integrated member of the Europe-Atlantic community of nations.   SENATE RESOLUTION 205--URGING THE GOVERNMENT OF UKRAINE TO ENSURE A DEMOCRATIC, TRANSPARENT, AND FAIR ELECTION PROCESS LEADING UP TO THE MARCH 31, 2002, PARLIAMENTARY ELECTIONS   Mr. Campbell (for himself, Mr. Dodd, and Mr. Brownback) submitted the following resolution; which was referred to the Committee on Foreign Relations: S. Res. 205 Whereas Ukraine stands at a critical point in its development to a fully democratic society, and the parliamentary elections on March 31, 2002, its third parliamentary elections since becoming independent more than 10 years ago, will play a significant role in demonstrating whether Ukraine continues to proceed on the path to democracy or experiences further setbacks in its democratic development;   Whereas the Government of Ukraine can demonstrate its commitment to democracy by conducting a genuinely free and fair parliamentary election process, in which all candidates have access to news outlets in the print, radio, television, and Internet media, and nationally televised debates are held, thus enabling the various political parties and election blocs to compete on a level playing field and the voters to acquire objective information about the candidates;   Whereas a flawed election process, which contravenes commitments of the Organization for Security and Cooperation in Europe (OSCE) on democracy and the conduct of elections, could potentially slow Ukraine's efforts to integrate into western institutions;   Whereas in recent years, government corruption and harassment of the media have raised concerns about the commitment of the Government of Ukraine to democracy, human rights, and the rule of law, while calling into question the ability of that government to conduct free and fair elections; Whereas Ukraine, since its independence in 1991, has been one of the largest recipients of United States foreign assistance;   Whereas $154,000,000 in technical assistance to Ukraine was provided under Public Law 107-115 (the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 2002), a $16,000,000 reduction in funding from the previous fiscal year due to concerns about continuing setbacks to needed reform and the unresolved deaths of prominent dissidents and journalists;   Whereas Public Law 107-115 requires a report by the Department of State on the progress by the Government of Ukraine in investigating and bringing to justice individuals responsible for the murders of Ukrainian journalists;   Whereas the disappearance and murder of journalist Heorhiy Gongadze on September 16, 2000, remains unresolved;   Whereas the presidential election of 1999, according to the final report of the Office of Democratic Institutions and Human Rights (ODIHR) of OSCE on that election, was marred by violations of Ukrainian election law and failed to meet a significant number of commitments on democracy and the conduct of elections included in the OSCE 1990 Copenhagen Document;   Whereas during the 1999 presidential election campaign, a heavy pro-incumbent bias was prevalent among the state-owned media outlets, members of the media viewed as not in support of the president were subject to harassment by government authorities, and pro-incumbent campaigning by state administration and public officials was widespread and systematic;   Whereas the Law on Elections of People's Deputies of Ukraine, signed by President Leonid Kuchma on October 30, 2001, was cited in a report of the ODIHR dated November 26, 2001, as making improvements in Ukraine's electoral code and providing safeguards to meet Ukraine's commitments on democratic elections, although the Law on Elections remains flawed in a number of important respects, notably by not including a role for domestic nongovernmental organizations to monitor elections; Whereas according to international media experts, the Law on Elections defines the conduct of an election campaign in an ambiguous manner and could lead to arbitrary sanctions against media operating in Ukraine;   Whereas the Ukrainian Parliament (Verkhovna Rada) on December 13, 2001, rejected a draft Law on Political Advertising and Agitation, which would have limited free speech in the campaign period by giving too many discretionary powers to government bodies, and posed a serious threat to the independent media;   Whereas the Department of State has dedicated $4,700,000 in support of monitoring and assistance programs for the 2002 parliamentary elections;   Whereas the process for the 2002 parliamentary elections has reportedly been affected by apparent violations during the period prior to the official start of the election campaign on January 1, 2002; and   Whereas monthly reports for November and December of 2001 released by the Committee on Voters of Ukraine (CVU), an indigenous, nonpartisan, nongovernment organization that was established in 1994 to monitor the conduct of national election campaigns and balloting in Ukraine , cited five major types of violations of political rights and freedoms during the pre-campaign phase of the parliamentary elections, including-- (1) use of government position to support particular political groups; (2) government pressure on the opposition and on the independent media; (3) free goods and services given in order to sway voters; (4) coercion to join political parties and pressure to contribute to election campaigns; and (5) distribution of anonymous and compromising information about political opponents:   Now, therefore, be it Resolved, That the Senate— (1) acknowledges the strong relationship between the United States and Ukraine since Ukraine's independence more than 10 years ago, while understanding that Ukraine can only become a full partner in western institutions when it fully embraces democratic principles; (2) expresses its support for the efforts of the Ukrainian people to promote democracy, the rule of law, and respect for human rights in Ukraine; (3) urges the Government of Ukraine to enforce impartially the new election law, including provisions calling for— (A) the transparency of election procedures; (B) access for international election observers; (C) multiparty representation on election commissions; (D) equal access to the media for all election participants; (E) an appeals process for electoral commissions and within the court system; and (F) administrative penalties for election violations; (4) urges the Government of Ukraine to meet its commitments on democratic elections, as delineated in the 1990 Copenhagen Document of the Organization for Security and Cooperation in Europe (OSCE), with respect to the campaign period and election day, and to address issues identified by the Office of Democratic Institutions and Human Rights (ODIHR) of OSCE in its final report on the 1999 presidential election, such as state interference in the campaign and pressure on the media; and (5) calls upon the Government of Ukraine to allow election monitors from the ODIHR, other participating states of OSCE, and private institutions and organizations, both foreign and domestic, full access to all aspects of the parliamentary election process, including— (A) access to political events attended by the public during the campaign period; (B) access to voting and counting procedures at polling stations and electoral commission meetings on election day, including procedures to release election results on a precinct by precinct basis as they become available; and (C) access to postelection tabulation of results and processing of election challenges and complaints

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