BELARUSBACK IN THE U.S.S.R.? HEARING BEFORE THE COMMISSION ON SECURITY AND COOPERATION IN EUROPE ONE HUNDRED SIXTH CONGRESS FIRST SESSION APRIL 27, 1999 Printed for the use of the Commission on Security and Cooperation in Europe [CSCE 10615] Available via the World Wide Web: http://www.house.gov/csce U.S. GOVERNMENT PRINTING OFFICE 58815CC WASHINGTON : I999 COMMISSION ON SECURITY AND COOPERATION IN EUROPE LEGISLATIVE BRANCH COMMISSIONERS HOUSE SENATE CHRISTOPHER H. SMITH, New Jersey BEN NIGHTHORSE CAMPBELL, Colorado Chairman Co-Chairman FRANK R. WOLF, Virginia SPENCER ABRAHAM, Michigan MATT SALMON, Arizona KAY BAILEY HUTCHISON, Texas MICHAEL P. FORBES, New York SAM BROWNBACK, Kansas JAMES C. GREENWOOD, Pennsylvania VACANT STENY H. HOYER, Maryland FRANK R. LAUTENBERG, New Jersey EDWARD J. MARKEY, Massachusetts HARRY REID, Nevada BENJAMIN L. CARDIN, Maryland BOB GRAHAM, Florida LOUISE McINTOSH SLAUGHTER, New York RUSSELL D. FEINGOLD, Wisconsin EXECUTIVE BRANCH HAROLD H. KOH, Department of State (VACANT), Department of Defense (VACANT), Department of Commerce COMMISSION STAFF DOROTHY DOUGLAS TAFT, Chief of Staff MICHAEL R. HATHAWAY, Deputy Chief of Staff (VACANT), Senior Advisor ELIZABETH M. CAMPBELL, Staff Assistant\Systems Administrator MARIA V. COLL, Office Administrator OREST DEYCHAKIWSKY, Staff Advisor JOHN F. FINERTY, Staff Advisor CHADWICK R. GORE, Communications Director, Digest Editor ROBERT HAND, Staff Advisor JANICE HELWIG, Staff Advisor MARLENE KAUFMANN, Counsel for International Trade MICHAEL KOBY, Special Counsel KAREN S. LORD, Counsel for Freedom of Religion RONALD J. MCNAMARA, Staff Advisor MICHAEL J. OCHS, Staff Advisor ERIKA B. SCHLAGER, Counsel for International Law MAUREEN T. WALSH, Counsel CONTENTS BELARUSBACK IN THE USSR? TUESDAY, APRIL 27, 1999 OPENING STATEMENTS PAGE Hon. Christopher H. Smith, Chairman .......................................................... 1 Hon. Steny H. Hoyer, Ranking Member ........................................................ 5 WITNESSES PAGE Ross Wilson, Principal Deputy to the Ambassador-at-Large and Special Advisor to the Secretary of State for the New Independent States ......... 3 Ambassador Hans-Georg Wieck, OSCE Advisory and Monitoring Group . 11 Arkady Cherepansky, Charge DAffaires, Embassy of the Republic of Belarus to the USA ................................................................................... 14 Ambassador Andrei O. Sannikov, International Coordinator for Charter 97 ................................................................................................. 29 Rachel Denber, Deputy Director, Human Rights Watch, Europe and Central Asia Division ........................................................... 32 Catherine A. Fitzpatrick, Executive Director, International League for Human Rights ........................................................................................... 34 APPENDICES PAGE Prepared Statement of Chairman Christopher H. Smith ........................... 41 Prepared Statement of Co-chairman Sen. Ben Nighthorse Campbell ....... 43 Prepared Statement of Hon. Steny H. Hoyer .............................................. 45 Prepared Statement of Ross L. Wilson, Principal Deputy Special Adviser to the Secretary of State for the New Independent States ......................... 46 Prepared Statement of Ambassador Hans-Georg Wieck, Head of OSCE Advisory and Monitoring Group .............................................................. 49 Prepared Statement of Arkady M. Cherepansky, Charge DAffaires, Embassy of the Republic of Belarus to the United States of America ................................................................................................. 60 Prepared Statement of Andrei O. Sannikov International Coordinator for Charter 97 ................................................................................................. 66 Prepared Statement of Rachel Denber, Deputy Director, Human Rights Watch, Europe and Central Asia Division .............................................. 71 Prepared Statement of Catherine A. Fitzpatrick, Executive Director, International League for Human Rights ................................................ 74 BELARUSBACK IN THE USSR? TUESDAY, APRIL 27, 1999 COMMISSION ON SECURITY AND COOPERATION IN EUROPE, WASHINGTON, DC The Commission met at 10 a.m. in room 340, Cannon House Office Building, Honorable Christopher H. Smith, Chairman, presiding. Commission Members present: Hon. Steny H. Hoyer; Hon. Sam Brownback. Witnesses present: Ross Wilson, Principal Deputy to the Ambassa- dor-at-Large and Special Advisor to the Secretary of State for the New Independent States; Ambassador Hans-Georg Wieck, Head of OSCE Advisory and Monitoring Group; Arkady Cherepansky, Charge dAffaires, Embassy of the Republic of Belarus to the USA; Ambassa- dor Andrei O. Sannikov, International Coordinator for Charter 97; Rachel Denber, Deputy Director, Human Rights Watch, Europe and Central Asia Division; and Catherine A. Fitzpatrick, Executive Di- rector, International League for Human Rights. OPENING STATEMENT OF HON. CHRISTOPHER H. SMITH, CHAIRMAN Mr. SMITH. The Commission will come to order, we will be joined shortly by Mr. Hoyer and some of the other Commissioners, and at that point I will yield to them for any opening statements they may have. Three years ago this month, the Commission held a hearing on the aftereffects of the Chernobyl nuclear explosion, in which we heard testimony from the Belarusian ambassador at that time on Chernobyls devastating legacy on his country. In fact, yesterday marked the 13th anniversary of this disaster. Chernobyl, however, is far from the only calamity that the people of Belarus have known. Belarusa country of 10 million people in the heart of eastern Europe has an old, rich and often tragic history. Over the course of this century, the people of Belarus suffered profoundly the horrors of both Nazi and Soviet domi- nation. And now, having gained independence in 1991, they are un- der assault from their own President, as he steadily erodes their rights and their liberties. Indeed, President Lukashenkos illegitimate 1996 constitutional referendum, in which he extended his personal power, disbanded the duly elected 13th Supreme Soviet and created a new legislature and constitutional court subservient to him, has been de- scribed by a leading Belarusian jurist as a legal Chernobyl. (1) 2 The international community has widely censured Lukashenko for his disregard for international commitments. The Organization for Security and Cooperation in Europe, which for the last year has had an on-the-ground presence in Minsk, has repeatedly called upon the Government of Belarus to respect fundamental human rights and democratic principles. Despite these efforts, we have not seen greater compliance with OSCE norms, principles and commitments, which Belarus freely undertook when it became an OSCE member in 1992. To cite just one example, earlier this month, on April 4, Belarus held local elections. Despite efforts by the OSCE Advisory and Monitoring Group in Minsk, the local election law adopted was undemocratic. As a result, the opposition boycotted the elections and there were irregu- larities in the registration process. The Helsinki Commission, through various means and channels, has endeavored to promote human rights and democracy in Belarus, especially since 1994, when Lukashenko was elected and violations of human rights increased. Last November, Commission staff visited Belarus and attempted to convey the Commissions deep concerns about the situation in Belarus and issued a report in which we urged the Belarusian Government to review the cases of individuals im- prisoned on politically motivated charges, to cease the harassment of opposition activists, NGOs and the independent media, and to permit them to function, to allow the opposition access to the electronic me- dia, to create the conditions for free and fair elections, and strengthen the rule of law. Unfortunately, we have failed to see progress in any of these areas. Belarus currently is facing a constitutional crisis. Earlier this year, the disbanded 13th Supreme Soviet set a date for the next presiden- tial elections for May 16 and set up a Central Election Commission to conduct these elections. According to the democratically adopted 1994 constitution, Lukashenkos term expires in July. Lukashenkos 1996 constitution, which the West does not recognize, provides for elec- tions in the year 2001. The authoritarian president has rejected calls for the May 16 elections and has taken actions to neutralize the oppo- sition and to thwart the election process. In early March, Viktor Hanchar, head of the opposition-appointed Central Election Commis- sion, was sentenced to 10 days administrative detention. And, on March 30, one of the two registered presidential candidates, former prime minister Mikhail Chygir, was detained and sentenced to 3 months in jail, in what strongly appears to be a politically motivated act. I call upon the Belarusian authorities to release immediately Mr. Chygir and to begin a constructive dialogue with the opposition to address the current constitutional impasse created by the illegitimate 1996 referendum. I am very pleased to welcome our distinguished witnesses and to hear their views on the current situation in Belarus. What is more important, we are interested in learning how best to encourage mean- ingful progress to strengthen human rights, democracy and civil soci- ety in Belarus, and what implications