[Congressional Record Volume 145, Number 23 (Tuesday, February 9, 1999)]
[Extensions of Remarks]
[Pages E182-E183]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   1999--A CRITICAL YEAR FOR BELARUS

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                       Tuesday, February 9, 1999

  Mr. SMITH of New Jersey. Mr. Speaker, last month, a Congress of 
Democratic Forces was held in Minsk, the capital of Belarus. The 
Congress demonstrated the resolve of the growing democratic opposition 
to authoritarian President Alyaksandr Lukashenka and the determination 
by the opposition to have free, democratic elections consistent with 
the legitimate 1994 constitution. Earlier last month, on January 10, 
members of the legitimate Belarusian parliament, disbanded by 
Lukashenka after the illegal 1996 constitutional referendum which 
extended his term of office by two years to 2001, set a date for the 
next presidential elections for May 16. According to the 1994 
constitution, Lukashenka's term expires in July. Not surprisingly, 
Lukashenka rejects calls for a presidential election.
  Local elections are currently being planned for April, although many 
of the opposition plan not to participate, arguing that elections 
should be held only under free, fair and transparent conditions, which 
do not exist at the present time. Indeed, the law on local elections 
leaves much to be desired and does not provide for a genuinely free and 
fair electoral process. The local elections and opposition efforts to 
hold presidential elections must be viewed against the backdrop of a 
deteriorating economic situation. One of the resolutions adopted by the 
Congress of Democratic Forces accuses Lukashenka of driving the country 
to ``social tensions, international isolation and poverty.'' As an 
example of the heightening tensions, just last weekend, Andrei 
Sannikov, the former deputy minister of Belarus and a leader of the 
Charter '97 human rights group, was brutally assaulted by members of a 
Russian-based ultranationalist organization. Additionally, Lukashenka's 
moves to unite with Russia pose a threat to Belarus' very sovereignty. 
Thus, Mr. Speaker, this year promises to be a critical year for 
Belarus.
  Recently, a staff delegation of the (Helsinki) Commission on Security 
and Cooperation in Europe, which I chair, traveled to Belarus, raising 
human rights concerns with high-ranking officials, and meeting with 
leading members of the opposition, independent media and 
nongovernmental organizations.
  The staff report concludes that the Belarusian Government continues 
to violate its commitments under the Organization for Security and 
Cooperation in Europe (OSCE) relating to human rights, democracy and 
the rule of law, and that at the root of these violations lies the 
excessive power usurped by President Lukashenka since his election in 
1994, especially following the illegitimate 1996 referendum. Although 
one can point to some limited areas of improvement, such as allowing 
some opposition demonstrations to occur relatively unhindered, overall 
OSCE compliance has not improved since the deployment of the OSCE's 
Advisory and Monitoring Group (AMG) almost one year ago. Freedoms of 
expression, association and assembly remain curtailed. The government 
hampers freedom of the media by tightly controlling the use of national 
TV and radio. Administrative and economic measures are used to cripple 
the independent media and NGOs. The political opposition has been 
targeted for repression, including imprisonment, detention, fines and 
harassment. The independence of the judiciary has been further eroded, 
and the President alone controls judicial appointments. Legislative 
power is decidedly concentrated in the executive branch of government.
  The Commission staff report makes a number of recommendations, which 
I would like to share with my colleagues. The United States and OSCE 
community should continue to call upon the Belarusian Government to 
live up to its OSCE commitments and, in an effort to reduce the climate 
of fear which has developed in Belarus, should specifically encourage 
the Belarusian Government, inter alia, to: (1) Immediately release 
Alyaksandr Shydlauski (sentenced in 1997 to 18 months imprisonment for 
allegedly spray painting anti-Lukashenka graffiti) and review the  
cases of those detained and imprisoned on politically motivated 
charges, particularly Andrei Klymov and Vladimir Koudinov; (2) cease 
and desist the harassment of opposition activists, NGOs and the 
independent media and permit them to function; (3) allow the opposition 
access to the electronic media and restore the constitutional right of 
the Belarusian people to free and impartial information; (4) create the 
conditions for free and fair elections in 1999, including a provision 
in the election regulations allowing party representation on the 
central and local election committees; and (5) strengthen the rule of 
law, beginning with the allowance for an independent judiciary and bar.

  With Lukashenka's term in office under the legitimate 1994 
Constitution expiring in July 1999, the international community should 
make clear that the legitimacy of

[[Page E183]]

Lukashenka's presidency will be undermined unless free and fair 
elections are held by July 21. The United States and the international 
community, specifically the OSCE Parliamentary Assembly, should 
continue to recognize only the legitimate parliament--the 13th Supreme 
Soviet--abolished by Lukashenka in 1996, and not the post-referendum, 
Lukashenka-installed, National Assembly. At the time, the United 
States--and our European allies and partners--denounced the 1996 
referendum as illegitimate and extra-constitutional. The West needs to 
stand firm on this point, as the 13th Supreme Soviet and the 1994 
Constitution are the only legal authorities.
  The democratically oriented opposition and NGOs deserve continued and 
enhanced moral and material assistance from the West. The United States 
must make support for those committed to genuine democracy a high 
priority in our civic development and NGO assistance. I applaud and 
want to encourage such entities as USIS, the Eurasia Foundation, 
National Endowment for Democracy, International Republican Institute, 
ABA/CEELI and others in their efforts to encourage the development of a 
democratic political system, free market economy and the rule of law in 
Belarus.
  The United States and the international community should strongly 
encourage President Lukashenka and the 13th Supreme Soviet to begin a 
dialogue which could lead to a resolution of the current constitutional 
crisis and the holding of democratic elections. The OSCE Advisory and 
Monitoring Group (AMG) could be a vehicle for facilitating such 
dialogue.
  The Belarusian Government should be encouraged in the strongest 
possible terms to cooperate with the OSCE AMG. There is a growing 
perception both within and outside Belarus that the Belarusian 
Government is disingenuous in its interaction with the AMG. The AMG has 
been working to promote these important objectives: an active dialogue 
between the government, the opposition and NGOs; free and fair 
elections, including a new election law that would provide for 
political party representation on electoral committees and domestic 
observers; unhindered opposition access to the state electronic media; 
a better functioning, independent court system and sound training of 
judges; and the examination and resolution of cases of politically 
motivated repression.
  Mr. Speaker, there is a growing divide between the government and 
opposition in Belarus--thanks to President Lukashenka's authoritarian 
practices, a divide that could produce unanticipated consequences. An 
already tense political situation is becoming increasingly more so. 
Furthermore, Lukashenka's efforts at political and economic integration 
with Russia could have serious potential consequences for neighboring 
states, especially Ukraine. Therefore, it is vital for the United 
States and the OSCE to continue to speak out in defense of human rights 
in Belarus, to promote free and democratic elections this year, and to 
encourage meaningful dialogue between the government and opposition.