[Congressional Record Volume 143, Number 150 (Friday, October 31, 1997)]
[Senate]
[Pages S11550-S11553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SENATE CONCURRENT RESOLUTION 59--RELATIVE TO THE ORGANIZATION FOR 
                   SECURITY AND COOPERATION IN EUROPE

  Mr. D'AMATO submitted the following concurrent resolution; which was 
referred to the Committee on Foreign Relations:

                            S. Con. Res. 59

       Whereas the Republic of Turkey, because of its position at 
     the crossroads of Europe, the Caucasus, Central Asia, and the 
     Middle East, is well positioned to play a leading role in 
     shaping developments in Europe and beyond;
       Whereas the Republic of Turkey has been a longstanding 
     member of numerous international organizations, including the 
     Council of Europe (1949), the North Atlantic Treaty 
     Organization (1952), and the Organization for Security and 
     Cooperation in Europe (1975);
       Whereas Turkey's President, Suleyman Demirel, was an 
     original signer of the 1975 Helsinki Final Act of the 
     Conference on Security and Cooperation in Europe;
       Whereas the Republic of Turkey proposed in late 1996 that 
     Istanbul serve as the venue for the next OSCE summit, a 
     prestigious gathering of the heads of state or government of 
     countries in Europe, Central Asia, and North America, 
     including the United States;
       Whereas a decision on the venue of the next OSCE summit 
     will require the consensus of all OSCE participating states, 
     including the United States;
       Whereas the OSCE participating states, including Turkey, 
     have declared their steadfast commitment to democracy based 
     on human rights and fundamental freedoms, the protection and 
     promotion of which is the first responsibility of government;
       Whereas the development of genuine democracy in Turkey is 
     undermined by ongoing violations of international 
     humanitarian law as well as other human rights obligations 
     and commitments, including provisions of the Helsinki Final 
     Act and other OSCE documents, by which Turkey is bound;
       Whereas the Department of State has found that serious 
     human rights problems persist in Turkey and that human rights 
     abuses have not been limited to the southeast, where Turkey 
     has engaged in an armed conflict with the terrorist Kurdistan 
     Workers Party (PKK) for over a decade;
       Whereas flagrant violations of OSCE standards and norms 
     continue and the problems raised by the United States 
     Delegation at the November 1996 OSCE Review Meeting in Vienna 
     persist;
       Whereas expert witnesses at a 1997 briefing of the 
     Commission on Security and Cooperation in Europe (in this 
     concurrent resolution referred to as the ``Helsinki 
     Commission'') underscored the continued, well-documented, and 
     widespread use of torture by Turkish security forces and the 
     failure of the Government of Turkey to take determined action 
     to correct such gross violations of OSCE provisions and 
     international humanitarian law;
       Whereas the Government of Turkey continues to use broadly 
     the Anti-Terror Law and Article 312 of the Criminal Code 
     against writers, journalists, publishers, politicians, 
     musicians, and students;
       Whereas the Committee To Protect Journalists has concluded 
     that more journalists are currently jailed in Turkey than in 
     any other country in the world;
       Whereas the Government of Turkey has pursued an aggressive 
     campaign of harassment of nongovernmental organizations, 
     including the Human Rights Foundation of Turkey; branch 
     offices of the Human Rights Association in Diyarakir, 
     Malatya, Izmir, Konya, and Urfa have been raided and closed; 
     and Turkish authorities continue to persecute the members of 
     nongovernmental organizations who attempt to assist the 
     victims of torture;
       Whereas four former parliamentarians from the now banned 
     Kurdish-based Democracy Party (DEP) Leyla Zana, Hatip Dicle, 
     Orhan Dogan, and Selim Sadak remain imprisoned at Ankara's 
     Ulucanlar Prison and among the actions cited in Zana's 
     indictment was her 1993 appearance before the Helsinki 
     Commission in Washington, D.C.;
       Whereas the Lawyers Committee for Human Rights has 
     expressed concern over the case of human rights lawyer Hasan 
     Dogan, a member of the People's Democracy Party (HADEP), who 
     like many members of the party, has been subject to detention 
     and prosecution;
       Whereas many human rights abuses have been committed 
     against Kurds who assert their Kurdish identity, and Kurdish 
     institutions, such as the Kurdish Cultural and Research 
     Foundation, have been targeted for closure;
       Whereas the Ecumenical Patriarchate has repeatedly 
     requested permission to reopen the Orthodox seminary on the 
     island of Halki closed by the Turkish authorities since the 
     1970s despite Turkey's OSCE commitment to ``allow the 
     training of religious personnel in appropriate 
     institutions'';
       Whereas members of other minority religions or beliefs, 
     including Armenian and Syrian Orthodox believers, as well as 
     Roman Catholics, Armenian, Chaldean, Greek and Syrian 
     Catholics, and Protestants have faced various forms of 
     discrimination and harassment;
       Whereas the closing of the border with Armenia by Turkey in 
     1993 remains an obstacle to the development of mutual 
     understanding and confidence, and friendly and good-
     neighborly relations between those OSCE participating states;
       Whereas the Republic of Turkey has repeatedly rebuffed 
     offers by the Chair-in-Office of the OSCE to dispatch a 
     personal representative to Turkey for purposes of assessing 
     developments in that country;
       Whereas, despite the fact that a number of Turkish civilian 
     authorities remain publicly committed to the establishment of 
     rule of law and to respect for human rights, torture, 
     excessive use of force, and other serious

[[Page S11551]]

     human rights abuses by the security forces continue; and
       Whereas the Government of Turkey has failed to meaningfully 
     address these and other human rights concerns since it first 
     proposed to host the next OSCE summit and thereby has 
     squandered this opportunity to demonstrate its determination 
     to improve implementation of Turkey's OSCE commitments: Now, 
     therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That it is the sense of Congress that--
       (1) the privilege and prestige of hosting a summit of the 
     heads of state or government of the Organization for Security 
     and Cooperation in Europe (OSCE) should be reserved for 
     participating states that have demonstrated in word and in 
     deed steadfast support for Helsinki principles and standards, 
     particularly respect for human rights;
       (2) the United States should refuse to give consensus to 
     any proposal that Turkey serve as the venue for a summit 
     meeting of the heads of state or government of OSCE countries 
     until the Government of Turkey has demonstrably improved 
     implementation of its freely undertaken OSCE commitments, 
     including action to address those human rights concerns 
     enumerated in the preamble of this resolution;
       (3) the United States should encourage the development of 
     genuine democracy in the Republic of Turkey based on 
     protection of human rights and fundamental freedoms; and
       (4) the President of the United States should report to 
     Congress not later than April 15, 1998, on any improvement in 
     the actual human rights record in Turkey, including 
     improvements in that country's implementation of provisions 
     of the Helsinki Final Act and other OSCE documents.
       Sec. 2. The Secretary of the Senate shall transmit a copy 
     of this concurrent resolution to the President of the United 
     States.

  Mr. D'AMATO. Mr. President, I rise to submit a concurrent resolution 
on the human rights situation in Turkey. This resolution is prompted by 
that country's desire to host the next summit meeting of the heads of 
state or government of the Organization for Security and Cooperation in 
Europe [OSCE]. This summit meeting is scheduled to take place in 1998. 
The issue is which country will host this most important OSCE 
gathering.
  Last November, the Republic of Turkey--an original OSCE participating 
state--first proposed Istanbul as the site for the next OSCE summit. At 
that time, I wrote to then-Secretary of State Christopher, together 
with Commission Co-Chairman Christopher Smith, urging that the United 
States reject this proposal based on Turkey's dismal human rights 
record. I also wrote to Secretary Albright in July to reiterate my 
concerns regarding the state of human rights in Turkey and Ankara's 
failure to improve its implementation of OSCE commitments.
  Ankara has squandered the past year, failing to meaningfully address 
a series of longstanding human rights concerns. Regrettably, there has 
been no meaningful improvement in Turkey's implementation of its OSCE 
human rights commitments in the 11 months since our original letter to 
the State Department. Despite a number of changes in Turkish law, the 
fact of the matter is that even these modest proposals have not 
translated into improved human rights in Turkey.
  Mr. President, my resolution does not call for outright rejection of 
the Turkish proposal. Rather, the resolution calls for the United 
States to refuse consensus to such a plan until the Government of 
Turkey had demonstrably improved implementation of its freely 
undertaken OSCE commitments, including action to address those human 
rights concerns I will describe in more detail later in my remarks. 
Under OSCE rules, decisions require that all participating states, 
including the United States, give their consensus before a proposal can 
be adopted. The resolution we introduce today calls upon the President 
to report to the Congress by April 15, 1998, on any improvement to 
Turkey's actual human rights performance.
  Expert witnesses at a Commission briefing earlier this year 
underscored the continued, well-documented, and widespread use of 
torture by Turkish security forces and the failure of the Government of 
Turkey to take determined action to correct such gross violations of 
OSCE provisions and international humanitarian law. Even the much 
heralded reduction of periods for the detention of those accused of 
certain crimes has failed to deter the use of torture. The fact is that 
this change on paper is commonly circumvented by the authorities. As 
one United States official in Turkey observed in discussion with 
Commission staff, a person will be held in incommunicado for days, then 
the prisoner's name will be postdated for purposes of official police 
logs giving the appearance that the person had been held within the 
period provided for under the revised law. Turkish authorities also 
continue to persecute those who attempt to assist the victims of 
torture, as in the case of Dr. Tufan Kose.

  Despite revisions in the Anti-Terror Law, its provisions continue to 
be broadly used against writers, journalists, publishers, politicians, 
musicians, and students. Increasingly, prosecutors have applied article 
312 of the Criminal Code, which forbids ``incitement to racial or 
ethnic enmity.'' Government agents continue to harass human rights 
monitors. According to the Committee to Protect Journalists, at least 
47 Turkish journalists are in jail in Turkey today--more than in any 
other country in the world.
  Many human rights abuses have been committed against Kurds who assert 
their Kurdish identity. The Kurdish Cultural and Research Foundation 
offices in Istanbul were closed by police in June to prevent the 
teaching of Kurdish language classes. In addition, four former 
parliamentarians from the now banned Kurdish-based Democracy Party 
[DEP]: Leyla Zana, Hatip Dicle, Orhan Dogan, and Selim Sadak, who have 
completed three years of their 15-year sentences, remain imprisoned at 
Ankara's Ulucanlar Prison. Among the actions cited in Leyla Zana's 
indictment was her 1993 appearance before the U.S. Commission on 
Security and Cooperation in Europe here in Washington, DC. The Lawyers 
Committee for Human Rights has expressed concern over the case of human 
rights lawyer Hasan Dogan, a member of the People's Democracy Party 
[HADEP], who, like many members of the party, has been subject to 
detention and prosecution.
  The Government of Turkey has similarly pursued an aggressive campaign 
of harassment of nongovernmental organizations, including the Human 
Rights Foundation of Turkey and the Human Rights Association. An 
Association forum on capital punishment was banned in early May as was 
a peace conference sponsored by international and Turkish NGO's. Human 
Rights Association branch offices in Diyarbakir, Malatya, Izmir, Konya, 
and Urfa have been raided and closed.
  Mr. President, last week the Congress honored His All Holiness 
Bartholomew, the leader of Orthodox believers worldwide. The Ecumenical 
Patriarchate, located in Istanbul--the city proposed by Turkey as the 
venue for the next OSCE summit--has experienced many difficulties. The 
Patriarchate has repeatedly requested permission to reopen the Orthodox 
seminary on the island of Halki closed by the Turkish authorities since 
the 1970's despite Turkey's OSCE commitment to ``allow the training of 
religious personnel in appropriate institutions.''
  As the State Department's own Country Report on Human Rights 
Practices for 1996 concluded, Turkey ``was unable to sustain 
improvements made in 1995 and, as a result, its record was uneven in 
1996 and deteriorated in some respects.'' While Turkish civilian 
authorities remain publicly committed to the establishment of rule of 
law state and respect for human rights, torture, excessive use of 
force, and other serious human rights abuses by the security forces 
continue. As our resolution points out, the United States should 
encourage the development of genuine democracy in the Republic of 
Turkey based on protection of human rights and fundamental freedoms.

  Mr. President, it is most unfortunate that Turkey's leaders, 
including President Demirel--who originally signed the 1975 Helsinki 
Final Act on behalf of Turkey--have not been able to effectively 
address these and other longstanding human rights concerns.
  The privilege and prestige of hosting such an OSCE event should be 
reserved for participating states that have demonstrated their support 
for Helsinki principles and standards--particularly respect for human 
rights--in both word and in deed. Turkey should not be allowed to serve 
as host of such a meeting until and unless that country's dismal human 
rights record has improved.
  While some may argue that allowing Turkey to host an OSCE summit 
meeting might provided political impetus

[[Page S11552]]

for positive change, we are not convinced, particularly in light of the 
failure of the Turkish Government to meaningfully improve the human 
rights situation in the months since it offered to host the next OSCE 
summit. We note that several high-level conferences have been held in 
Turkey without any appreciable impact on that country's human rights 
policies or practices.
  Mr. President, promises of improved human rights alone should not 
suffice. Turkey's desire to host an OSCE summit must be matched by 
concrete steps to improve its dismal human rights record.
  I ask unanimous consent that the two letters I mentioned earlier, to 
Secretary Christopher and Secretary Albright, and a copy of the State 
Department's August 13, 1997, reply signed by Assistant Secretary of 
State for Legislative Affairs, Barbara Larkin, be inserted in the 
Record.
  In closing, I urge my colleagues to join in supporting this 
concurrent resolution and to work for its passage before the end of 
this first session of the 105th Congress.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                        Commission on Security and


                                        Cooperation in Europe,

                                    Washington, DC, July 15, 1997.
     Hon. Madeleine Korbel Albright,
     Secretary of State, Department of State,
     Washington, DC.
       Dear Madam Secretary: We write to reiterate and further 
     explain our steadfast opposition to Turkey as the venue for 
     an Organization for Security and Cooperation in Europe (OSCE) 
     summit meeting and ask the Department, which we understand 
     shares our view, to maintain the United States' refusal to 
     give consensus to the Turkish proposal that the next summit 
     should be held in Istanbul. We also observe that a rigid 
     schedule of biennial summit meetings of the OSCE Heads of 
     State or Government appears to be unwarranted at this stage 
     of the OSCE's development and suggest that serious 
     consideration be given to terminating the mandate which 
     currently requires such meetings to be held whether 
     circumstances warrant them or not.
       Last November, the Republic of Turkey--an original OSCE 
     participating State--first proposed Istanbul as the site for 
     the next OSCE summit. At that time, we wrote to Secretary 
     Christopher urging that the United States reject this 
     proposal. A decision was postponed until the Copenhagen 
     Ministerial, scheduled for this December, and the Lisbon 
     Document simply noted Turkey's invitation.
       The United States should withhold consensus on any proposal 
     to hold an OSCE summit in Turkey until and unless Ankara has 
     released the imprisoned Democracy Party (DEP) 
     parliamentarians, journalists and others detained for the 
     non-violent expression of their views; ended the persecution 
     of medical professionals and NGOs who provide treatment to 
     victims of torture and expose human rights abuses; and begun 
     to aggressively prosecute those responsible for torture, 
     including members of the security forces.
       In addition, the United States should urge the Government 
     of Turkey to undertake additional steps aimed at improving 
     its human rights record, including abolishing Article 8 of 
     the Anti-Terror Law, Article 312 of the Penal Code, and other 
     statutes which violate the principle of freedom of expression 
     and ensuring full respect for the civil, political, and 
     cultural rights of members of national minorities, including 
     ethnic Kurds.
       Regrettably, there has been no improvement in Turkey's 
     implementation of OSCE human rights commitments in the eight 
     months since our original letter to the Department. Despite a 
     number of changes in Turkish law, the fact of the matter is 
     that even these modest proposals have not translated into 
     improved human rights in Turkey. Ankara's flagrant violations 
     of OSCE standards and norms continues and the problems raised 
     by the United States Delegation to the OSCE Review Meeting 
     last November persist.
       Madam Secretary, the privilege and prestige of hosting such 
     an OSCE event should be reserved for participating States 
     that have demonstrated their support for Helsinki principles 
     and standards--particularly respect for human rights--in both 
     word and in deed. Turkey should not be allowed to serve as 
     host of such a meeting given that country's dismal human 
     rights record.
       While some may argue that allowing Turkey to host an OSCE 
     summit meeting might provide political impetus for positive 
     change, we are not convinced, particularly in light of the 
     failure of the Turkish Government to improve the human rights 
     situation in the eight months since it proposed to host the 
     next OSCE summit. We note that several high-level conferences 
     have been held in Turkey without any appreciable impact on 
     that country's human rights policies or practices.
       Promises of improved human rights alone should not suffice. 
     Turkey's desire to host an OSCE summit must be matched by 
     concrete steps to improve its dismal human rights record.
       We appreciate your consideration of our views on this 
     important matter and look forward to receiving your reply.
           Sincerely,
     Christopher H. Smith,
                                  Member of Congress, Co-Chairman.
     Alfonse D'Amato,
     U.S. Senate, Chairman.
                                                                    ____

                                        Commission on Security and


                                        Cooperation in Europe,

                                Washington, DC, November 22, 1996.
     Hon. Warren Christopher,
     Secretary of State, Department of State,
     Washington, DC.
       Dear Mr. Secertary: We have recently learned that the 
     Republic of Turkey may offer Istanbul as the venue for the 
     next summit meeting of the Heads of State or Government of 
     the Organization of Security and Cooperation in Europe 
     (OSCE). We write to urge that the United States reject this 
     proposal. A decision on this important matter is extremely 
     urgent as the OSCE Review Meeting concludes today and 
     drafting for the Summit document will begin next week.
       The privilege of hosting such a prestigious OSCE event 
     should be reserved for participating States that have 
     demonstrated steadfast support for Helsinki principles and 
     standards--particularly respect for human rights--in word and 
     in deed. The U.S. should deny consensus on Turkey's proposal 
     to serve as host of an OSCE summit meeting because of that 
     country's dismal human rights record.
       The United States Delegation to the OSCE Review Meeting has 
     raised a number of specific examples that illustrate Turkey's 
     flagrant violation of OSCE human rights commitments and 
     international humanitarian law, including the well-documented 
     use of torture. The European Committee for the Prevention of 
     Torture has found that incidence of torture and ill-treatment 
     in Turkey to be ``widespread.'' The UN Committee on Torture 
     has referred to ``systemic'' use of torture in Turkey. 
     Earlier this week, Amnesty International released a report 
     documenting the torture of children held in detention in 
     Turkey.
       Despite Turkey's revisions to the Anti-Terror Law, it 
     provisions continue to be broadly used against writers, 
     journalists, publishers, politicians, musicians, and 
     students. Increasingly, prosecutors have applied Article 312 
     of the Criminal Code, which forbids ``incitement to racial or 
     ethnic enmity'' to suppress expression of dissenting views. 
     Government agents continue to harass human rights monitors. 
     Many human rights abuses have been committed against Kurds 
     who publicly or politically assert their Kurdish identity.
       As the Department's own report on human rights practices in 
     Turkey concluded, while Turkisk civilian authorities remain 
     publicly committed to the establishment of a state of law and 
     respect to human rights, torture, excessive use of force, and 
     other serious human rights abuses by the security forces 
     continue.
       Regrettably, lone overdue reforms of Turkey's human rights 
     policies and practices announced in mid-October by the 
     Turkish Deputy Prime Minister and Foreign Minister, Mrs. 
     Ciller, have not materialized and the prospects for genuine 
     change in the near term appear remote.
       Another key factor in our urgent call for rejection of 
     Turkey's proposal to host an OSCE summit is Turkey's 
     continuing illegal and forcible occupation of Cypriot 
     territory in blatant violation of OSCE principles. A 
     substantial force of 30,000 Turkish troops remains in Cyprus 
     today in a clear breach of Cypriot sovereignty. In recent 
     months, we have witnessed the worst violence against innocent 
     civilians along the cease-fire line since the 1974 invasion, 
     resulting in at least 5 deaths. In addition, Turkish and 
     Turkish Cypriot authorities have failed to fully account for 
     at least 1,614 Greek Cypriots and five Americans missing 
     since 1974.
       While some may argue that allowing Turkey to hose an OSCE 
     summit might provide political impetus for positive change, 
     we are not convinced, particularly in light of the fact that 
     several high-level conferences have been held in Turkey 
     without any appreciable impact on that country's human rights 
     policies or practices. Allowing Turkey to host an OSCE summit 
     based upon an inference of increased leverage to improve 
     Turkish human rights performance, when they are in current, 
     active violation of solemn international commitments would be 
     wrong.
       Turkey's desire to host an OSCE summit must be matched by 
     concrete steps to improve its dismal human rights, to end its 
     illegal occupation of Cypriot territory, and to contribute to 
     a reduction of tensions in the eastern Mediterranean. Absent 
     demonstrable progress in these areas, the United States 
     should withhold consensus on any proposal to hold an OSCE 
     summit in Turkey.
           Sincerely,
     Alfonse D'Amato,
       U.S. Senator, Co-Chairman.
     Christopher H. Smith,
       Member of Congress, Chairman.
                                                                    ____



                                     U.S. Department of State,

                                  Washington, DC, August 13, 1997.
     Hon. Christopher H. Smith,
     Co-Chairman, Commission on Security and Cooperation in 
         Europe, House of Representatives.
       Dear Mr. Chairman: I am responding on behalf of the 
     Secretary of State to your July 15 letter regarding your 
     concerns about the possible selection of Turkey as the venue 
     for

[[Page S11553]]

     the next summit meeting of the Organization for Security and 
     Cooperation in Europe (OSCE).
       The Department of State shares your concerns about Turkey's 
     human rights record. All states participating in the OSCE are 
     expected to adhere to the principles of the Helsinki Final 
     Act and other OSCE commitments, including respect for human 
     rights and fundamental freedoms. The U.S. Government has 
     consistently called attention to human rights problems in 
     Turkey and has urged improvements. It does not in any way 
     condone Turkey's, or any other OSCE state's, failure to 
     implement OSCE commitments.
       The OSCE, however, is also a means of addressing and 
     correcting human rights shortcomings. As you note in your 
     letter, the issue of Turkey's human rights violations was 
     raised at the November OSCE Review Meeting, and will likely 
     continue to be raised at such meetings until Turkey 
     demonstrates that it has taken concrete measures to improve 
     its record. Holding the summit in Turkey could provide an 
     opportunity to influence Turkey to improve its human rights 
     record.
       As you note, the Turkish government has made some effort to 
     address problem areas, through the relaxation of restrictions 
     on freedom of expression and the recent promulgation of legal 
     reforms which, if fully implemented, would begin to address 
     the torture problem. These measures are only a first step in 
     addressing the problems that exist, but we believe they 
     reflect the commitment of the Turkish government to address 
     its human rights problems. We have been particularly 
     encouraged by the positive attitude the new government, which 
     came to power July 12, has demonstrated in dealing with human 
     rights issues.
       As you know, the fifty-four nations of the OSCE will 
     discuss the question of a summit venue. As in all OSCE 
     decisions, any decision will have to be arrived at through 
     consensus, which will likely take some time to achieve. In 
     the meantime, the Department of State welcomes your views, 
     and will seriously consider your concerns about the OSCE 
     summit site. I welcome your continuing input on this issue, 
     and thank you for your thoughtful letter.
       We appreciate your letter and hope this information is 
     helpful. Please do not hesitate to contact us again if we can 
     be of further assistance.
           Sincerely,

                                               Barbara Larkin,

                                              Assistant Secretary,
     Legislative Affairs.

                          ____________________