[Congressional Record Volume 149, Number 48 (Tuesday, March 25, 2003)]
[Senate]
[Pages S4378-S4380]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. CAMPBELL (for himself and Mr. Biden):
S. 700. A bill to provide for the promotion of democracy, human
rights, and rule of law in the Republic of Belarus and for the
consolidation and strengthening of Belarus sovereignty and
independence; to the Committee on Foreign Relations.
Mr. CAMPBELL. Mr. President, as Co-Chairman of the Commission on
Security and Cooperation in Europe, I have closely monitored
developments in the Republic of Belarus and informed my Senate
colleagues of disturbing trends in that nation. I have met with members
of this fledgling democratic opposition who, at great personal risk,
dare to speak out against the repressive regime led by Alexander
Lukashenka. I have met with the courageous wives whose husbands
disappeared because they stood up to the regime and would not be
silent. Against the backdrop of this climate of fear, the powers of the
state have been brought to bear against independent journalists, trade
unionists, and other voices of dissent.
Increasingly, Belarus has been driven into self-imposed isolation
under Lukashenka devoid of legitimate leadership or accountability. A
little over a year ago I addressed the Senate to voice concern over
reported arms deals between the regime and rouge states, including
Iraq. It appears that such sales have taken on greater importance as
the Belarusian economy spirals downward.
While some might be tempted to dismiss Belarus as an anomaly, the
stakes are too high and the costs too great to ignore. Accordingly,
today, I am introducing the Belarus Democracy Act of 2003, which is
designed to help put an end to repression and human rights violations
in Belarus and to promote Belarus' entry into a democratic Euro-
Atlantic community of nations.
As a participating State in the Organization for Security and
Cooperation in Europe, OSCE, Belarus has accepted a series of norms in
the areas of democracy, human rights and the rule of law. As Europe's
last dictator, Lukashenka continues to brashly trample the fundamental
rights of his own people and their culture.
As I alluded to earlier, independent media, non-governmental
organizations, trade unions and the democratic opposition have had to
operate under extremely difficult conditions, often facing serious
mistreatment and an orchestrated campaign of harassment. Despite the
repressions there are courageous individuals who support democracy have
not been silenced. Two weeks ago, for example, Alexander Yarashuk, the
leader of the Belarusian Congress of Democratic Trade Unions, called on
Lukashenka to immediately cease backing Saddam. Moreover, just last
week, on March 12, thousands gathered peacefully in a central Minsk
square to protest deteriorating economic and social conditions in
Belarus. Four of the rally's organizers--Andrei Sannikov, Ludmila
Gryaznova, Dmitry Bondarenko and Leonid Malakhov--were given 15 day
jail sentences for ``participation in unauthorized mass actions.''
Despite calls for change within Belarus, and considerable prodding
from the international community, Lukashenka has shown no desire to
deviate from his path of authoritarianism and personal profit at the
expense of his own people. A few months ago, Lukashenka, who
effectively controls the Belarusisn parliament, signed into law a new,
repressive religion law. Local elections held earlier this month
followed the pattern of Belarus' 2000 parliamentary and 2001
presidential elections--they were a joke. Control of election
commissions, denials of registration for opposition candidates, ``early
voting'' and outright falsifications were the norm.
The Belarus Democracy Act of 2003 would authorize additional
assistance for democracy-building activities such as support for NGOs,
independent media, including radio and television broadcasting to
Belarus, and international exchanges. It also encourages free and fair
parliamentary elections, which have been notably absent in Belarus.
This bill would also deny high-ranking officials of the Lukashenka
regime entry into the United States. Additionally, 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
for humanitarian needs. The bill would also require reports from the
President concerning the sale of delivery of weapons or weapons-related
technologies from Belarus to rouge states, including Iraq and North
Korea.
I am very pleased that the Ranking Member of the Committee on Foreign
Relations, Senator Biden, is an original cosponsor of this measure. His
support will ensure that we proceed on a bipartisan basis as we work to
ensure the timely adoption and implementation of this legislation.
The goal of the Belarus Democracy Act is to assist Belarus in
becoming a genuine European state, in which respect for human rights
and democracy is the norm and in which the long-suffering Belarusian
people are able to overcome the legacy of dictatorship--past and
present. Adoption and implementation of the Belarus Democracy Act will
offer a ray of hope that the current period of political, economic and
social stagnation will indeed end. The people of Belarus deserve a
chance for a brighter future free of repression and fear.
[[Page S4379]]
I ask unanimous consent that the text of the Belarus Democracy Act be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 700
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Belarus Democracy Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States supports the promotion of democracy,
respect for human rights, and the rule of law in the Republic
of Belarus consistent with its commitments as a participating
state of the Organization for Security and Cooperation in
Europe (OSCE).
(2) The United States has a vital interest in the
independence and sovereignty of the Republic of Belarus and
its integration into the European community of democracies.
(3) The last parliamentary election in Belarus deemed to be
free and fair by the international community was conducted in
1995 from which emerged the 13th Supreme Soviet whose
democratically and constitutionally derived authorities and
powers have been usurped by the authoritarian regime of
Belarus President Aleksandr Lukashenka.
(4) In November 1996, Lukashenka orchestrated an illegal
and unconstitutional referendum that enabled him to impose a
new constitution, abolish the duly-elected parliament, the
13th Supreme Soviet, install a largely powerless National
Assembly, and extend his term of office to 2001.
(5) In May 1999, democratic forces in Belarus challenged
Lukashenka's unconstitutional extension of his presidential
term by staging alternative presidential elections which were
met with repression.
(6) Democratic forces in Belarus have organized peaceful
demonstrations against the Lukashenka regime in cities and
towns throughout Belarus which led to beatings, mass arrests,
and extended incarcerations.
(7) Victor Gonchar, Anatoly Krasovsky, and Yuri Zakharenka,
who have been leaders and supporters of the democratic forces
in Belarus, and Dmitry Zavadsky, a journalist known for his
critical reporting in Belarus, have disappeared and are
presumed dead.
(8) Former Belarus Government officials have come forward
with credible allegations and evidence that top officials of
the Lukashenka regime were involved in the disappearances.
(9) The Lukashenka regime systematically harasses and
represses the independent media and independent trade unions,
imprisons independent journalists, and actively suppresses
freedom of speech and expression.
(10) The Lukashenka regime harasses the autocephalic
Belarusian Orthodox Church, the Roman Catholic Church, the
Jewish community, the Hindu Lights of Kalyasa community,
evangelical Protestant churches (such as Baptist and
Pentecostal groups), and other minority religious groups.
(11) The Law on Religious Freedom and Religious
Organizations, passed by the National Assembly and signed by
Lukashenka on October 31, 2002, establishes one of the most
repressive legal regimes in the OSCE region, severely
limiting religious freedom and placing excessively burdensome
government controls on religious practice.
(12) The United States, the European Union, the North
Atlantic Treaty Organization (NATO) Parliamentary Assembly,
and the OSCE Parliamentary Assembly have not recognized the
National Assembly.
(13) The parliamentary elections of October 15, 2000,
conducted in the absence of a democratic election law, were
illegitimate, unconstitutional, and plagued by violent human
rights abuses committed by the Lukashenka regime, and have
been determined by the OSCE to be nondemocratic.
(14) The presidential election of September 9, 2001, was
determined by the OSCE and other observers to be
fundamentally unfair, to have failed to meet OSCE commitments
for democratic elections formulated in the 1990 Copenhagen
Document, and to have featured significant and abusive
misconduct by the Lukashenka regime, including--
(A) the harassment, arrest, and imprisonment of opposition
members;
(B) the denial of equal and fair access by opposition
candidates to state-controlled media;
(C) the seizure of equipment and property of independent
nongovernmental organizations and press organizations, and
the harassment of their staff and management;
(D) voting and vote counting procedures that were not
transparent; and
(E) a campaign of intimidation directed against opposition
activists, domestic election observation organizations, and
opposition and independent media, and a libelous media
campaign against international observers.
SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN
BELARUS.
(a) Purposes of Assistance.--Assistance under this section
shall be available for the following purposes:
(1) To assist the people of the Republic of Belarus in
regaining their freedom and to enable them to join the
European community of democracies.
(2) To encourage free and fair presidential, parliamentary,
and local elections in Belarus, conducted in a manner
consistent with internationally accepted standards and under
the supervision of internationally recognized observers.
(3) To assist in restoring and strengthening institutions
of democratic governance in Belarus.
(b) Authorization for Assistance.--To carry out the
purposes set forth in subsection (a), the President is
authorized to furnish assistance and other support for the
activities described in subsection (c), to be provided
primarily for indigenous groups in Belarus that are committed
to the support of democratic processes in Belarus.
(c) Activities Supported.--Activities that may be supported
by assistance under subsection (b) include--
(1) the observation of elections and the promotion of free
and fair electoral processes;
(2) the development of democratic political parties;
(3) radio and television broadcasting to and within
Belarus;
(4) the development of nongovernmental organizations
promoting democracy and supporting human rights;
(5) the development of independent media working within
Belarus and from locations outside Belarus, and supported by
nonstate-controlled printing facilities;
(6) international exchanges and advanced professional
training programs for leaders and members of the democratic
forces in matters central to the development of civil
society; and
(7) other activities consistent with the purposes of this
Act.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the President to carry out this section $40,000,000 for
fiscal years 2004 and 2005.
(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations under paragraph (1)
are authorized to remain available until expended.
SEC. 4. RADIO BROADCASTING TO BELARUS.
(a) Purpose.--It is the purpose of this section to
authorize increased support for United States Government and
surrogate radio broadcasting to the Republic of Belarus that
will facilitate the unhindered dissemination of information
in Belarus.
(b) Authorization of Appropriations.--In addition to such
sums as are otherwise authorized to be appropriated, there is
authorized to be appropriated $5,000,000 for each fiscal year
for Voice of America and RFE/RL, Incorporated for radio
broadcasting to the people of Belarus in languages spoken in
Belarus.
(c) Report on Radio Broadcasting to and in Belarus.--Not
later than 120 days after the date of the enactment of this
Act, the Secretary of State shall submit to the appropriate
congressional committees a report on how funds appropriated
and allocated pursuant to the authorizations of
appropriations under subsection (b) and section 3(d) will be
used to provide AM and FM broadcasting that covers the
territory of Belarus and delivers independent and uncensored
programming.
SEC. 5. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.
(a) Application of Sanctions.--The sanctions described in
subsections (c) and (d), and any sanction imposed under
subsection (e) or (f), shall apply with respect to the
Republic of Belarus until the President determines and
certifies to the appropriate congressional committees that
the Government of Belarus has made significant progress in
meeting the conditions described in subsection (b).
(b) Conditions.--The conditions referred to in subsection
(a) are the following:
(1) The release of individuals in Belarus who have been
jailed based on political or religious beliefs.
(2) The withdrawal of politically motivated legal charges
against all opposition figures and independent journalists in
Belarus.
(3) A full accounting of the disappearances of opposition
leaders and journalists in Belarus, including Victor Gonchar,
Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and
the prosecution of the individuals who are responsible for
their disappearances.
(4) The cessation of all forms of harassment and repression
against the independent media, independent trade unions,
nongovernmental organizations, religious organizations
(including their leadership and members), and the political
opposition in Belarus.
(5) The implementation of free and fair presidential and
parliamentary elections in Belarus consistent with
Organization for Security and Cooperation in Europe (OSCE)
standards on democratic elections and in cooperation with
relevant OSCE institutions.
(c) Prohibition on Strategic Exports to Belarus.--
(1) Prohibition.--No computers, computer software, goods,
or technology intended to manufacture or service computers,
or any other related goods or technology, may be exported to
Belarus for use by the Government of Belarus, or by its
military, police, prison system, or national security
agencies. The prohibition in the preceding sentence shall not
apply with respect to the export of goods or technology for
democracy-building or humanitarian purposes.
(2) Rule of construction.--Nothing in this subsection shall
prevent the issuance of licenses to ensure the safety of
civil aviation and safe operation of commercial passenger
[[Page S4380]]
aircraft of United States origin or to ensure the safety of
ocean-going maritime traffic in international waters.
(d) Prohibition on Loans and Investment.--
(1) United states government financing.--No loan, credit
guarantee, insurance, financing, or other similar financial
assistance may be extended by any agency of the United States
Government (including the Export-Import Bank and the Overseas
Private Investment Corporation) to the Government of Belarus,
except with respect to the provision of humanitarian goods
and agricultural or medical products.
(2) Trade and development agency.--No funds available to
the Trade and Development Agency may be available for
activities of the Agency in or for Belarus.
(e) Denial of Entry Into United States of Certain Belarus
Officials.--
(1) Denial of entry.--It is the sense of Congress that, in
addition to the sanctions provided for in subsections (c) and
(d), the President should use the authority under section
212(f) of the Immigration and Nationality Act (8 U.S.C.
1182(f)) to deny the entry into the United States of any
alien who--
(A) holds a position in the senior leadership of the
Government of Belarus; or
(B) is a spouse, minor child, or agent of a person
described in subparagraph (A).
(2) Senior leadership of the government of belarus
defined.--In this subsection, the term ``senior leadership of
the Government of Belarus'' includes--
(A) the President, Prime Minister, Deputy Prime Ministers,
government ministers, Chairmen of State Committees, and
members of the Presidential Administration of Belarus;
(B) any official of the Government of Belarus who is
personally and substantially involved in the suppression of
freedom in Belarus, including judges and prosecutors; and
(C) any other individual determined by the Secretary of
State (or the Secretary's designee) to be personally and
substantially involved in the formulation or execution of the
policies of the Lukashenka regime in Belarus that are in
contradiction of internationally recognized human rights
standards.
(f) Multilateral Financial Assistance.--It is the sense of
Congress that, in addition to the sanctions provided for in
subsections (c) and (d), the Secretary of the Treasury should
instruct the United States Executive Director of each
international financial institution to which the United
States is a member to use the voice and vote of the United
States to oppose any extension by those institutions of any
financial assistance (including any technical assistance or
grant) of any kind to the Government of Belarus, except for
loans and assistance that serve humanitarian needs.
(g) Waiver.--The President may waive the application of any
sanction described in this section with respect to Belarus if
the President determines and certifies to the appropriate
congressional committees that it is important to the national
interests of the United States to do so.
SEC. 6. MULTILATERAL COOPERATION.
It is the sense of Congress that the President should
continue to seek to coordinate with other countries,
particularly European countries, a comprehensive,
multilateral strategy to further the purposes of this Act,
including, as appropriate, encouraging other countries to
take measures with respect to the Republic of Belarus that
are similar to measures provided for in this Act.
SEC. 7. ANNUAL REPORTS.
(a) Reports.--Not later than 90 days after the date of the
enactment of this Act, and every year thereafter, the
President shall transmit to the appropriate congressional
committees a report that describes, with respect to the
preceding 12-month period, the following:
(1) The sale or delivery of weapons or weapons-related
technologies from the Republic of Belarus to any country, the
government of which the Secretary of State has determined,
for purposes of section 6(j)(1) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly
provided support for acts of international terrorism.
(2) An identification of each country described in
paragraph (1) and a detailed description of the weapons or
weapons-related technologies involved in the sale.
(3) An identification of the goods, services, credits, or
other consideration received by Belarus in exchange for the
weapons or weapons-related technologies.
(4) The personal assets and wealth of Aleksandr Lukashenka
and other senior leadership of the Government of Belarus.
(b) Form.--A report transmitted pursuant to subsection (a)
shall be in unclassified form but may contain a classified
annex.
SEC. 8. DECLARATION OF POLICY.
Congress hereby--
(1) expresses its support to those in the Republic of
Belarus seeking--
(A) to promote democracy, human rights, and the rule of law
and to consolidate the independence and sovereignty of
Belarus; and
(B) to promote the integration of Belarus into the European
community of democracies;
(2) expresses its grave concern about the disappearances of
Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and
Dmitry Zavadsky;
(3) calls upon the Lukashenka regime in Belarus to cease
its persecution of political opponents or independent
journalists and to release those individuals who have been
imprisoned for opposing his regime or for exercising their
right to freedom of speech;
(4) calls upon the Lukashenka regime to end the pattern of
clear, gross, and uncorrected violations of relevant human
dimension commitments of the Organization for Security and
Cooperation in Europe (OSCE), and to respect the basic
freedoms of speech, expression, assembly, association,
language, culture, and religion or belief;
(5) calls upon the Government of the Russian Federation to
use its influence to encourage democratic development in
Belarus so that Belarus can become a democratic, prosperous,
sovereign, and independent state that is integrated into
Europe;
(6) calls upon the Government of Belarus to resolve the
continuing constitutional and political crisis in Belarus
through--
(A) free, fair, and transparent presidential and
parliamentary elections in Belarus, as called for by the
OSCE;
(B) respect for human rights in Belarus;
(C) an end to the current climate of fear in Belarus;
(D) meaningful access by the opposition to state media in
Belarus;
(E) modification of the electoral code of Belarus in
keeping with OSCE commitments;
(F) engagement in genuine talks with the opposition in
Belarus; and
(G) modifications of the constitution of Belarus to allow
for genuine authority for the parliament; and
(7) commends the democratic opposition in Belarus for their
commitment to freedom, their courage in the face of the
repression of the Lukashenka regime, and the emergence of a
pluralist civil society in Belarus--the foundation for the
development of democratic political structures.
SEC. 9. DEFINITION.
In this Act, the term ``appropriate congressional
committees'' means--
(1) the Committee on International Relations of the House
of Representatives; and
(2) the Committee on Foreign Relations of the Senate.
______