[Congressional Record Volume 157, Number 99 (Wednesday, July 6, 2011)]
[House]
[Pages H4632-H4638]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BELARUS DEMOCRACY AND HUMAN RIGHTS ACT OF 2011
Ms. ROS-LEHTINEN. Madam Speaker, I move to suspend the rules and pass
the bill (H.R. 515) to reauthorize the Belarus Democracy Act of 2004,
as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 515
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 and Human
Rights Act of 2011''.
SEC. 2. FINDINGS; STATEMENT OF POLICY.
Sections 2 and 3 of the Belarus Democracy Act of 2004
(Public Law 109-480; 22 U.S.C. 5811 note) is amended to read
as follows:
``SEC. 2. FINDINGS.
``Congress finds the following:
``(1) The Government of Belarus has engaged in a pattern of
clear and uncorrected violations of human rights and
fundamental freedoms.
``(2) The Government of Belarus has engaged in a pattern of
clear and uncorrected violations of basic principles of
democratic governance, including through a series of
fundamentally flawed presidential and parliamentary elections
undermining the legitimacy of executive and legislative
authority in that country.
``(3) The Government of Belarus has subjected thousands of
pro-democratic political activists to harassment, beatings,
and jailings, particularly as a result of their attempts to
peacefully exercise their right to freedom of assembly and
association.
``(4) The Government of Belarus has attempted to maintain a
monopoly over the country's information space, targeting
independent media, including independent journalists, for
systematic reprisals and elimination, while suppressing the
right to freedom of speech and expression of those dissenting
from the dictatorship of Aleksandr Lukashenka, and adopted
laws restricting the media, including the Internet, in a
manner inconsistent with international human rights
agreements.
``(5) The Government of Belarus continues a systematic
campaign of harassment, repression, and closure of
nongovernmental organizations, including independent trade
unions and entrepreneurs, and this crackdown has created a
climate of fear that inhibits the development of civil
society and social solidarity.
``(6) The Government of Belarus has subjected leaders and
members of select ethnic and religious minorities to
harassment, including the imposition of heavy fines and
denying permission to meet for religious services, sometimes
by selective enforcement of the 2002 Belarus religion law.
``(7) The Government of Belarus has attempted to silence
dissent by persecuting human rights and pro-democracy
activists with threats, firings, expulsions, beatings and
other forms of intimidation, and restrictions on freedom of
movement and prohibition of international travel.
``(8) The dictator of Belarus, Aleksandr Lukashenka,
established himself in power by orchestrating an illegal and
unconstitutional referendum that enabled him to impose a new
constitution, abolishing the duly elected parliament, the
13th Supreme Soviet, installing a largely powerless National
Assembly, extending his term in office, and removing
applicable term limits.
``(9) The Government of Belarus has failed to make a
convincing effort to solve the cases of disappeared
opposition figures Yuri Zakharenka, Viktor Gonchar, and
Anatoly Krasovsky and journalist Dmitry Zavadsky, even though
credible allegations and evidence links top officials of the
Government to these disappearance.
[[Page H4633]]
``(10) The Government of Belarus has restricted freedom of
expression on the Internet by requiring Internet Service
Providers to maintain data on Internet users and the sites
they view and to provide such data to officials upon request,
and by creating a government body with the authority to
require Internet Service Providers to block Web sites.
``(11) On December 19, 2010, the Government of Belarus
conducted a presidential election that failed to meet the
standards of the Organization for Security and Cooperation in
Europe (OSCE) for democratic elections.
``(12) After the December 19, 2010, presidential election
the Government of Belarus responded to opposition protests by
beating scores of protestors and detaining more than 600
peaceful protestors.
``(13) After the December 19, 2010, presidential election
the Government of Belarus jailed seven of the nine opposition
presidential candidates and abused the process of criminal
prosecution to persecute them.
``(14) After the December 19, 2010, presidential election,
the Government of Belarus disrupted independent broadcast and
Internet media, and engaged in repressive actions against
independent journalists.
``(15) After the December 19, 2010, presidential election,
Belarusian security services and police conducted raids
targeting civil society groups, individual pro-democracy
activists, and independent media.
``(16) After the December 19, 2010, presidential election,
Belarusian officials refused to extend the mandate of the
OSCE Office in Minsk.
``(17) After the December 19, 2010, presidential election,
opposition candidates and activists have been persecuted and
detainees have been physically mistreated, and denied access
to family, defense counsel, medical treatment, and open legal
proceedings.
``(18) After the December 19, 2010, presidential election,
lawyers representing those facing criminal charges related to
the post-election protest have been subjected to the
revocation of licenses, disbarment, and other forms of
pressure.
``(19) After the December 19, 2010, presidential election,
the Government of Belarus has convicted political detainees
to harsh prison sentences.
``(20) After the December 19, 2010, presidential election,
the United States and European Union imposed targeted travel
and financial sanctions on an expanded list of officials of
the Government of Belarus.
``(21) After the December 19, 2010, presidential election,
the United States fully restored sanctions against Belarus's
largest state-owned petroleum and chemical conglomerate and
all of its subsidiaries.
``(22) After the December 19, 2010, presidential election,
the United States has engaged in assistance efforts to
provide legal and humanitarian assistance to those facing
repression and preserving access to independent information,
and has pledged resources to support human rights advocates,
trade unions, youth and environmental groups, business
associations, think-tanks, democratic political parties and
movements, independent journalists, newspapers and electronic
media operating both inside Belarus and broadcasting from its
neighbors, and to support access of Belarusian students to
independent higher education and expand exchange programs for
business and civil society leaders.
``(23) The Department of State, the Department of the
Treasury, and other executive branch agencies have heretofore
made effective use of this Act to promote the purposes of
this Act, as stated in section 3 of this Act.
``SEC. 3. STATEMENT OF POLICY.
``It is the policy of the United States to--
``(1) condemn the conduct of the December 19, 2010,
presidential election and crackdown on opposition candidates,
political leaders, and activists, civil society
representatives, and journalists;
``(2) continue to call for the immediate release without
preconditions of all political prisoners in Belarus,
including all those individuals detained in connection with
the December 19, 2010, presidential election;
``(3) continue to support the aspirations of the people of
Belarus for democracy, human rights, and the rule of law;
``(4) continue to support the aspirations of the people of
Belarus to preserve the independence and sovereignty of their
country;
``(5) continue to support the growth of democratic
movements and institutions in Belarus, which empower the
people of Belarus to end tyranny in their country;
``(6) continue to refuse to accept the results of the
fundamentally flawed December 19, 2010, presidential election
held in Belarus, and to support calls for new presidential
and parliamentary elections, conducted in a manner that is
free and fair according to OSCE standards;
``(7) continue to call for the fulfillment by the
Belarusian government of Belarus's freely undertaken
obligations as an OSCE participating state;
``(8) continue to call for 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 those
individuals who are in any way responsible for the
disappearance of those opposition leaders and journalists;
``(9) continue to work closely with the European Union and
other countries and international organizations, to promote
the conditions necessary for the integration of Belarus into
the European family of democracies;
``(10) call on the International Ice Hockey Federation to
suspend its plan to hold the 2014 International World Ice
Hockey championship in Minsk until the Government of Belarus
releases all political prisoners; and
``(11) remain open to reevaluating United States policy
toward Belarus as warranted by demonstrable progress made by
the Government of Belarus consistent with the aims of this
Act as stated in this section.''.
SEC. 3. RADIO AND TELEVISION BROADCASTING TO BELARUS.
Section 5 of the Belarus Democracy Act of 2004 (Public Law
109-480; 22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 5. RADIO, TELEVISION, AND INTERNET BROADCASTING TO
BELARUS.
``It is the sense of Congress that the President should
continue to support radio, television, and Internet
broadcasting to the people of Belarus in languages spoken in
Belarus, by Radio Free Europe/Radio Liberty, the Voice of
America, European Radio for Belarus, and Belsat.''.
SEC. 4. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.
Section 6 of the Belarus Democracy Act of 2004 (Public Law
109-480; 22 U.S.C. 5811 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``or expression,
including those individuals jailed based on political beliefs
or expression in connection with repression that attended the
presidential election of December 19, 2010'' before the
period at the end;
(B) in paragraph (2), by inserting ``, including
politically motivated legal charges made in connection with
repression that attended the presidential election of
December 19, 2010'' before the period at the end;
(C) in paragraph (5), by inserting ``and violations of
human rights, including violations of human rights committed
in connection with the presidential election of December 19,
2010'' before the period at the end; and
(D) in paragraph (7), by striking ``internationally
recognized observers'' and inserting ``OSCE observers'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``subparagraph (A)'' and inserting
``paragraph (1)''; and
(ii) by striking ``or'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(4) is a member of any branch of the security or law
enforcement services of Belarus and has participated in the
violent crackdown on opposition leaders, journalists, and
peaceful protestors that occurred in connection with the
presidential election of December 19, 2010; or
``(5) is a member of any branch of the security or law
enforcement services of Belarus and has participated in the
persecution or harassment of religious groups, human rights
defenders, democratic opposition groups, or independent media
or journalists.'';
(3) in subsection (e), by striking ``of each international
financial institution to which'' and inserting ``at each
international financial institution of which''; and
(4) in subsection (f)(2)(B)(ii), by striking ``(as defined
in section 40102 of title 49, United States Code)''.
SEC. 5. REPORT.
Section 8(a) of the Belarus Democracy Act of 2004 (Public
Law 109-480; 22 U.S.C. 5811 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``this Act'' and inserting ``the Belarus Democracy and Human
Rights Act of 2011'';
(2) in paragraph (1), by striking ``sale or delivery of
weapons or weapons-related technologies'' and inserting
``sale or delivery or provision of weapons or weapons-related
technologies or weapons-related training'';
(3) in paragraph (2), by striking ``involved in the sale''
and inserting ``or weapons-related training involved in the
sale or delivery or provision'';
(4) in paragraph (3), by inserting ``or weapons-related
training described in paragraph (1)'' before the period at
the end; and
(5) by adding at the end the following new paragraph:
``(5) The cooperation of the Government of Belarus with any
foreign government or organization for purposes related to
the censorship or surveillance of the Internet, or the
purchase or receipt by the Government of Belarus of any
technology or training from any foreign government or
organization for purposes related to the censorship or
surveillance of the Internet.''.
SEC. 6. DEFINITIONS.
Section 9 of the Belarus Democracy Act of 2004 (Public Law
109-480; 22 U.S.C. 5811 note) is amended--
(1) in paragraph (1), by striking ``Committee on
International Relations'' and inserting ``Committee on
Foreign Affairs''; and
(2) in paragraph (3)--
(A) in subparagraph (B)(i), by striking ``and prosecutors''
and inserting ``, prosecutors, and heads of professional
associations and educational institutions''; and
(B) in subparagraph (C), by striking ``Lukashenka regime''
and inserting ``Government of Belarus''.
SEC. 7. FUNDING FOR REPORT.
The requirement to prepare and transmit the report
required under section 8 of the
[[Page H4634]]
Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C.
5811 note), as amended by section 5 of this Act, shall be
performed within current levels of authorized and
appropriated funding.
The SPEAKER. Pursuant to the rule, the gentlewoman from Florida (Ms.
Ros-Lehtinen) and the gentleman from California (Mr. Berman) each will
control 20 minutes.
General Leave
Ms. ROS-LEHTINEN. I ask that all Members have 5 legislative days to
revise and extend their remarks and include extraneous material on H.R.
515.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Ms. ROS-LEHTINEN. I yield myself such time as I may consume.
I would like to thank Chairman Smith and Chairman Bachus for their
cooperation in allowing this bill to proceed so swiftly to the floor.
Madam Speaker, I rise today in strong support of H.R. 515, the
Belarus Democracy and Human Rights Act of 2011.
I would like to thank my distinguished colleague and friend, Mr.
Smith, for introducing this timely and important measure.
Belarus has been correctly deemed the last dictatorship of Europe.
Under the iron hand of Lukashenko, the Belarusian people have endured
the systemic denial and violation of their basic freedoms and human
rights.
The authorities in Belarus have severely restricted free speech and
independent media. Prodemocracy political activists are subject to
beatings and imprisonment. The regime's heavy-handed tactics were fully
utilized in last December's fraudulent election for president.
According to our own Department of State's Human Rights Report:
``Authorities denied citizens the right to change their government,
manipulating the December 19 presidential election to ensure that the
president would not be seriously challenged.
``Security forces beat detainees and protesters, used excessive force
to disperse peaceful demonstrators, and reportedly used torture during
investigations.
``A crackdown on post-election demonstrations led to the arrest of
over 700 activists, including criminal charges against five
presidential candidates and numerous activists and journalists.''
Unfortunately, the regime, despite its repeated promises of reform,
continues this campaign of repression against its own people.
In response to the rumors that peaceful protesters were planning to
gather on Belarusian Independence Day, July 3, just recently, to show
their opposition to the regime by clapping their hands, the dictator
stated, ``Stomping, clapping, bellowing and roaring on squares and
streets cannot solve problems. The state has the resources and power to
pacify those who violate the law and the constitution.''
We have now seen Lukashenko did indeed use the state's power to
pacify the demonstrators. How? He ordered the authorities to start by
firing tear gas at the protesters, followed by the violent beating and
imprisonment of those who dared to clap their hands. Over 300 activist
were arrested and today 140 were convicted on such dubious charges as
being hooligans or participating in unsanctioned demonstrations.
This unrelenting persecution of the Belarusian people by the regime
is simply unacceptable. The U.S. and other responsible nations must
support the prodemocracy forces in Belarus and hold the authoritarian
regime in Minsk accountable for its growing abuses.
That's why I am pleased to support this important measure which,
among other things, condemns the conduct of the recent presidential
elections and the crackdown on opposition candidates and activists,
expresses a sense of Congress that the President should continue to
support radio, television and Internet broadcasting to the people of
Belarus and expand on existing sanctions, including the denial of visas
to any member of the Belarusian Government who participated in the
crackdown on opposition leaders, journalists, and peaceful protesters
that occurred in connection with the December elections.
House of Representatives,
Committee on the Judiciary,
Washington, DC, May 5, 2011.
Hon. Ileana Ros-Lehtinen,
Chairman, House Committee on Foreign Affairs,
Washington, DC.
Dear Chairman Ros-Lehtinen: I am writing in response to
your letter concerning H.R. 515, the ``Belarus Democracy
Reauthorization Act of 2011,'' which the Committee on Foreign
Affairs reported favorably. As a result of your having
consulted with us on provisions in H.R. 515 that fall within
the Rule X jurisdiction of the Committee on the Judiciary, we
are able to agree to discharging our Committee from further
consideration of this bill in order that it may proceed
expeditiously to the House floor for consideration.
The Judiciary Committee takes this action with our mutual
understanding that by foregoing consideration of H.R. 515 at
this time, we do not waive any jurisdiction over subject
matter contained in this or similar legislation, and that our
Committee will be appropriately consulted and involved as the
bill or similar legislation moves forward so that we may
address any remaining issues in our jurisdiction. Our
Committee also reserves the right to seek appointment of an
appropriate number of conferees to any House-Senate
conference involving this or similar legislation, and
requests your support for any such request.
I appreciate your including our exchange of letters on this
matter in your committee report, or in the Congressional
Record during floor consideration of H.R. 515.
Sincerely,
Lamar Smith,
Chairman.
____
House of Representatives,
Committee on Financial Services,
Washington, DC, May 5, 2011.
Hon. Ileana Ros-Lehtinen,
Chairman, Committee on Foreign Affairs, Washington, DC.
Dear Chairman Ros-Lehtinen: On April 14, 2011, the
Committee on Foreign Affairs reported H.R. 515, the Belarus
Democracy Reauthorization Act of 2011, by a unanimous
recorded vote of 34 to 0. As you know, the Committee on
Financial Services was granted an additional referral upon
the bill's introduction pursuant to the Committee's
jurisdiction under rule X of the Rules of the House of
Representatives over international financial and monetary
organizations, banks and banking.
Upon review of H.R. 515, it is clear that the legislation
will not alter the current statutory directives pertaining to
the votes of the U.S. Executive Directors at the Multilateral
Development Banks. Since no policy change is being made with
respect to the narrow matter within the jurisdiction of the
Financial Services Committee, I will waive consideration of
the bill by the Financial Services Committee so that it may
be considered expeditiously by the House. By agreeing to
waive its consideration of the bill, the Financial Services
Committee does not waive its jurisdiction over H.R. 515. In
addition, I do so with the understanding that this will not
prejudice the Committee on Financial Services with respect to
its prerogatives on this or similar legislation. Further, the
Committee on Financial Services reserves its authority to
seek conferees on any provisions of the bill that are within
its jurisdiction during any House-Senate conference that may
be convened on this legislation. I ask your commitment to
support any request by the Committee on Financial Services
for conferees on H.R. 515 or related legislation.
Lastly, I request that you include this letter and your
response as part of your committee's report on the bill and
insert them in the Congressional Record during consideration
of the legislation on the House floor.
Thank you for your attention to these matters.
Sincerely,
Spencer Bachus,
Chairman.
Madam Speaker, I reserve the balance of my time.
I ask unanimous consent that the chairman of the Foreign Affairs
Subcommittee on Africa, Global Health, and Human Rights, the gentleman
from New Jersey (Mr. Smith), be allowed to manage the balance of my
time.
The SPEAKER pro tempore. Without objection, the gentleman from New
Jersey will control the balance of the time.
There was no objection.
Mr. BERMAN. Madam Speaker, I will be the only speaker to speak from
our side on this resolution, and I yield myself such time as I may
consume.
Madam Speaker, I rise in support of this legislation. On December 19
of last year, Belarus' President, Alexander Lukashenko, staged a
fraudulent election. Immediately afterward, he had the opposition
candidates arrested, and this May almost all of them were sentenced to
prison.
The Lukashenko regime has continued to harass members of opposition
political parties, human rights activists, civil society and to
suppress Belarusians' access to free press and information. Over the
past month, an increasing number of Belarusians have gathered to
protest against Lukashenko and the deteriorating economic situation
there.
The Obama administration has reacted strongly to the fraudulent
elections and post-election crack down. On February 2, the U.S.
significantly expanded the list of Belarusian officials subject to
travel sanctions and to have their assets blocked and restored full
[[Page H4635]]
U.S. sanctions against Belarus's largest state-owned oil and gas
concern.
On July 2, Secretary Clinton met with activists from Belarus during
her visit to Lithuania for a meeting of the Community of Democracies
and repeated her demand that Belarus release political prisoners and
embark on the path of democratic reform. In coordination with the
European Union, the administration has significantly expanded democracy
assistance to Belarus for this year from $11 million to $15 million.
We must continue to call for the reopening of the OSCE office in
Minsk and for the Government of Belarus to fully cooperate with an OSCE
fact-finding mission requested by 14 participating states under the
Moscow mechanism.
And we must continue to demand the release of many heroic individuals
still languishing in Belarusian prisons without access to their
families or legal counsel. Europe's last dictatorship should not be
allowed to stand unchallenged.
I support this legislation and encourage my colleagues to do the
same.
I yield back the balance of my time.
Mr. SMITH of New Jersey. Madam Speaker, I yield myself such time as I
may consume.
First of all, let me thank Chairwoman Ileana Ros-Lehtinen for her
leadership in bringing this bill to the floor today, the majority
leader and the Speaker for scheduling it, and to Howard Berman for his
strong support of it as well and his very eloquent statement just a
moment ago.
{time} 1830
Madam Speaker, I rise in strong support of H.R. 515, the Belarus
Democracy and Human Rights Act of 2011. The bill demonstrates our
strong and sustained promotion of human rights, democracy, and the rule
of law in Belarus through targeted sanctions against this brutal
dictatorship of Alexander Lukashenko.
H.R. 515 reinforces earlier law, the Belarus Democracy Act of 2004
and the Belarus Democracy Reauthorization Act of 2006, both of which
passed the House and Senate with overwhelming bipartisan support and
were signed into law.
This legislation is timely and necessary. The fraudulent December 19
elections in 2010 in Belarus and the ongoing crackdown on democracy
activists and independent journalists by the Lukashenko dictatorship
underscore the need for democracy-promoting legislation. Immediately
after the election, the government responded to peaceful protests
against electoral fraud with savage mass beatings and large-scale
detentions--over 700 people.
Later on, Madam Speaker, I will put in the Record the list of many of
the activists, many of whom were already in jail, their sentences--and
these are men and women whose only crime was asking that Belarus
matriculate from dictatorship to a democracy.
Of those charged, 40 have been convicted, with some receiving very
harsh sentences--up to 6 years. And, of course, after those 6 years are
over, what Lukashenko and his cronies usually do is find some reason to
extend those jail sentences. So these sentences are awful indeed.
As Ileana Ros-Lehtinen pointed out a moment ago, the chairwoman of
our committee, this also includes five of the nine Presidential
candidates who ran against Lukashenko, their families, lawyers,
journalists, and democratic activists who continue to be harassed and
intimidated. It is the worst political crackdown in Europe in over a
decade. And it's ongoing, Madam Speaker.
The repressive regime in Belarus was in full force earlier this week
as police broke up protesters attempting to mark their country's
independence day. Hundreds were detained, and 140 already received
administrative sentences or fines, including independent journalists
reporting on rallies held across the country.
The post-election has followed the pattern of repression that has
characterized Lukashenko's 17-year rule. Through a series of rigged
elections, large-scale intimidation and suppression of independent
media and civil society, the dictator has long since consolidated his
control over virtually all national institutions. This dictatorship, as
has been said, is the worst of any in Europe today.
Perhaps most significantly about the legislation, the bill supports
targeted sanctions. It expresses the sense of the Congress to deny the
privilege of visiting our country to senior Belarus officials, their
immediate families and others involved in human rights violations and
anti-democracy actions, including those involved in the December 19
post-election crackdown. Likewise, it has provisions prohibiting U.S.
Government financing, except for humanitarian goods and agricultural
products or medical products and nonhumanitarian loans from
international financial institutions to the Belarusan Government; and
blocking assets owned by the Belarusan Government's senior leadership
or their families and others involved in antidemocratic actions. These
sanctions are aimed at the senior leadership of a dictatorship that
displays utter contempt for the dignity and rights of the Belarusan
people, and with these sanctions we stand with the Belarusan people
against their oppressors.
H.R. 515 requires the State Department to issue a new report to
Congress on the sale, delivery or provision of weapons or weapons-
related technologies or training, Lukashenka's personal wealth and
assets, and cooperation by the Belarusian government with any foreign
government or organizations related to censorship or surveillance of
the Internet.
H.R. 515 states a U.S. government policy of strong support for the
Belarusian people in their struggle against the Lukashenka
dictatorship, aspiring to live in a free and independent country where
their human rights are respected, they can choose their government, and
officials apply just laws that they themselves are subject to.
This bill encourages those struggling for decency and basic rights
against the overwhelming pressures from the anti-democratic regime. It
calls for the immediate and unconditional release of all political
prisoners in Belarus, including those detained in the post-election
crackdown and refuses to recognize the results of the flawed elections.
It calls for a full accounting of the 1999-2000 disappearances of
opposition leaders and a journalist in Belarus and the prosecution of
those responsible. At the same time it explicitly opens the door to the
re-evaluation of U.S. policy towards the Belarusan government should it
take significant steps toward democracy and respect for human rights.
H.R. 515 supports radio, television and Internet broadcasting to
Belarus, specifically Radio Free Europe/Radio Liberty, Voice of
America, European Radio for Belarus and the satellite television
station Belsat.
Madam Speaker, this bill comes to the floor as the Belarusan people
are increasingly taking to the streets in protest against the
dictatorship, and the EU Council is ramping up sanctions on Belarus.
The Belarusan people deserve far better than the Lukashenka
dictatorship--this bill is an act of support of their heroic struggle
for human rights and democracy and is an act of profound respect and
friendship for the people of Belarus.
Madam Speaker, I'd like to add to my earlier remarks in support of
this legislation that, as part of a Helsinki Commission visit in to
Minsk in June 2009, I had the opportunity to press Lukashenka directly
on his dismal human rights record and denial of democratic freedoms.
While making clear our support for Belarus' independence, I and other
members of the delegation reiterated the long-standing U.S. message
that the only way to improve relations between our two countries was
and is for him to take steps to increase political freedom and respect
human rights. We told Lukashenka that the ball was in his court. There
were even small, tentative steps in the right direction, but since
December 19 any hopes for change have been crushed.
The December 19, 2010 fraudulent election, which the OSCE condemned
as not having met international standards, and the continuing crackdown
on democracy activists and independent journalists by the Lukashenka
regime underscore the need for this legislation and our continued
attention to the further deterioration of human rights and freedoms in
Europe's remaining dictatorship. This ongoing repression is the
harshest we have seen in Europe in more than a decade and a stark
illustration that Belarus remains an anomaly--a pariah state--in
today's Europe.
Peaceful protests against electoral fraud were met with mass beatings
and detentions. Some of the jailed were abused and even tortured. Their
families, lawyers, journalists and democratic activists have been
harassed and intimidated. Students have been expelled from
universities. Belarus now has more political prisoners than at any time
under Lukashenka's rule, as the Belarusan tyrant has squelched dissent
by convicting nearly 40 activists within the last few months on charges
of mass rioting and disturbing the public order.
[[Page H4636]]
Some, including several opposition leaders who ran against Lukashenka
in December and other political activists and civil society leaders,
received severe, completely unjustified prison sentences of up to six
years. Their trials were a politically motivated farce, in which
policemen sometimes were not even able to identify the defendants, and
which saw unexplained discrepancies between witness testimony favoring
the defendants, and the judges return of guilty verdicts.
The now-6-month-long crackdown only magnifies the pattern of
repression and gross and systematic human rights violations that has
characterized Lukashenka's 17-year rule. He has systematically
consolidated power over virtually all institutions through a series of
rigged presidential and parliamentary elections, repeated violations of
fundamental freedoms and the suppression of independent media and civil
society, creating a climate of fear that pervades the country.
Thanks to this dictator's misrule, Belarus has the worst democracy
and human rights record in Europe. Furthermore, Belarus's Soviet-style,
structurally unreformed state-dominated economy is facing its worst
crisis since Lukashenka came to power. Russian cut offs of energy
subsidies and the explosion of the country's budget deficit following
heavy state spending ahead of December's presidential elections in a
populist bid to increase Lukashenka's waning popularity have
contributed. Since then, Belarus has witnessed devaluation of its
currency, a jump in inflation and increase in unemployment, and, in
recent weeks, growing public protests.
Notwithstanding the almost universal condemnation and punitive
measures by the U.S. and EU, Alexander Lukashenka continues to turn a
deaf ear to the international community, and, more importantly, to the
Belarusan people. The Belarusan autocrat has clearly manifested his
profound mistrust of--and contempt for--the long-suffering Belarusan
people at whose expense he has enriched himself for the past 17 years.
Clearly, the need for a sustained U.S. commitment to foster democracy
and respect for human rights, and sanction Lukashenka and his cronies
remains. I want to stress that both the Bush and Obama administrations
have made good use of the previous Belarus Democracy Acts, of 2004 and
2006, reinforcing to the Belarusan goverment that the elected
representatives of the American people--by overwhelming bipartisan
majorities--support the policy of condemning and sanctioning the
Belarusan government for its brutal human rights violations.
The visa bans and targeted financial and economic sanctions
instituted by President Bush in response to the earlier legislation
have been maintained, and in some ways expanded by President Obama
since December 19th. Most recently, on May 27 President Obama issued a
statement in which he condemned the conviction and sentencing of five
opposition candidates, asserting that the United States considers these
candidates, along with the other courageous activists arrested and
charged in the crackdown, as political prisoners. The President also
pledged to pursue new sanctions against select Belarusian state-owned
enterprises, which H.R. 515 strongly encourages.
Unfortunately, two decades after the demise of the Soviet Union,
Belarus remains in a time warp--unreconstructed politically and
economically and isolated from its European roots, due to one man's
dictatorial rule. His tactics are a chilling reminder of a darker time,
more than two decades ago when the Soviet KGB hounded dissidents. It is
a tragedy for the Belarusian people--who have suffered so much over the
course of the last century--that Lukashenka is yet again choosing the
path of self-isolation and squelching the desire for freedom. He is,
yet again, making a mockery of Belarus' freely undertaken OSCE
obligations.
The Belarusan people wish to live in a country where human rights are
respected, democracy flourishes and the rule of law is the norm. I
remain convinced that the time will soon come when Belarus will be
integrated with the family of democratic nations. We must continue to
resolutely stand at their side as they struggle to lift themselves from
the yoke of this oppressive regime.
Belarus--Candidates or Activists under Criminal Charges Related to the
December 19-20 Post-Election Demonstration
Persons charged with organizing and participating in mass
disturbances (article 293 para 1 and 2 of the Criminal Code,
penalties of up to 15 years in jail)
Detainees, In detention, Trial date, Conviction and charge:
1. Andrey Sannikau, European Belarus coalition coordinator,
Charter97, presidential candidate, Yes, April 27-May 14, Five
years in a high security jail; organization of mass
disturbances.
2. Mikalay Statkevich, Narodnaya Hramada Social Democratic
party leader, presidential candidate, Yes, May 11-18, May 26,
Six years in a high security jail; organization of mass
disturbances.
3. Ales Mikhalevich, For Modernization NGO, presidential
candidate, No (abroad).
4. Dzmitry Us, presidential candidate, Yes, May 11-18, May
26, Five years and six months in a high security jail;
organization of mass disturbances.
5. Alyaksandr Atroshchankau, Sannikau's spokesperson, Yes;
appeal denied April 5, March 01-02, Four years in a high
security jail; participation in mass disturbances.
6. Natallya Radzina, Charter97 editor, No (abroad).
7. Anatol Lyabedzka, United Civic Party chair, No.
8. Alyaksandr Klaskouski, former police officer, Yes, May
11-18, May 26, Five years in a high security jail;
participation in mass disturbances, insult of an official,
unauthorized assumption of rank or powers of an official.
9. Uladzimir Kobets, Sannikau's campaign team leader, No.
10. Alyaksandr Arastovich, Statkevich's aid, No.
11. Anatol Paulau, Ramanchuk's aid, No.
12. Aleh Korban, Ramanchuk's aid, No.
13. Ivan Haponau, a Russian citizen, No, February 22, March
10, 10,500,000-ruble fine ($3,450); participation in mass
disturbances.
14. Artsyom Breus, a Russian citizen, No, February 22,
March 10, 10,500,000-ruble fine ($3,450); participation in
mass disturbances.
15. Mikita Likhavid, For Freedom movement activist, Yes,
March 22-23, March 29, Three years and six months in a high
security jail; participation in mass disturbances.
16. Dzmitry Novik, BPF member, Yes; appeal denied April 5,
March 01-02, Three years and six months in a high security
jail; participation in mass disturbances.
17. Aleh Fedarkevich, a demonstration participant, Yes, May
5-12, Three years and six months in jail; participation in
mass disturbances.
18. Uladzimir Khamichenka, a demonstration participant,
Yes, April 27-May 5, Three years in a high security jail;
participation in mass disturbances.
19. Dzmitry Myadzvedz, a demonstration participant, No,
March 01, March 10, Partial house arrest that requires
regular reporting to police and restricts travel without
prior permission from authorities; participation in mass
disturbances.
20. Uladzimir Loban, a demonstration participant, Yes, May
5-12, Three years in jail; participation in mass
disturbances.
21. Paval Vinahradau, ``Tell the truth'' activist, Yes,
April 27-May 05, Four years in a high security jail;
participation in mass disturbances.
22. Andrey Paznyak, a demonstration participant, No, May
11-18, May 26, Three years of partial house arrest;
participation in mass disturbances.
23. Alyaksandr Malchanau, a demonstration participant. Yes;
appeal denied April 5, March 01-02, Three years in a high
security jail; participation in mass disturbances and
desecration of state symbols.
24. Illya Vasilevich, a youth activist, Yes, April 27-May
14, Three years in a high security jail; participation in
mass disturbances.
25. Dzmitry Bulanau, a demonstration participant, Yes, May
11-18, May 26, Three years in a high security jail;
participation in mass disturbances.
26. Alyaksandr Kvyatkevich, a demonstration participant,
Yes, May 11-18, May 26, Three years and six months in a high
security jail; participation in mass disturbances.
27. Vasil Parfyankou, ``Tell the Truth'' activist, Yes;
appeal denied March 25, February 17, Four years in a high
security jail; participation in mass disturbances.
28. Artsyom Hrybkou, a demonstration participant, Yes, May
11-18, May 26, Four years in a high security jail;
participation in mass disturbances.
29. Fyodar Mirzayanau, a demonstration participant, Yes,
April 27-May 14, Three years in a high security jail;
participation in mass disturbances.
30. Ales Kirkevich, Malady Front activist, Yes, April 27-
May 5, Four years in a high security jail; participation in
mass disturbances.
31. Dzmitry Drozd, Sannikau's campaign team member, Yes,
April 27-May 5, Three years in a high security jail;
participation in mass disturbances.
32. Syarhey Kazakou, European Belarus activist, Yes, May 5-
12, Three years in jail; participation in mass disturbances.
33. Uladzimir Yaromenka, Malady Front activist, Yes, April
27-May 14, Three years in a high security jail; participation
in mass disturbances.
34. Dzmitry Daronin, a demonstration participant, Yes, May
5-12, Three years and six months in jail; participation in
mass disturbances.
35. Andrey Pratasenya, Ramanchuk's campaign team volunteer,
Yes, April 27-May 5, Three years in a high security jail;
participation in mass disturbances.
36. Aleh Hnedchyk, Nyaklyaeu's campaign activist, Yes,
April 27-May 14, Three years and six months in a high
security jail; participation in mass disturbances.
37. Vital Matsukevich, a demonstration participant, Yes,
May 5-12, Three years in a high security jail; participation
in mass disturbances.
38. Yauhen Sakret, Sannikau's campaign activist, Yes, May
5-12, Three years in jail; participation in mass
disturbances.
Persons charged with organizing, arranging, and actively
participating in activities that severely violate public
order (article 342 para 1 of the Criminal Code, penalties up
to three years in jail)
[[Page H4637]]
1. Uladzimir Nyaklyaeu, ``Tell the Truth'' campaign leader,
presidential candidate, No, May 5-20, Two years suspended
sentence.
2. Vital Rymasheuski, Belarusian Christian Democracy co-
chair, presidential candidate, No, May 5-20, Two years
suspended sentence.
3. Alyaksandr Fyaduta, Nyaklyaeu's aid, No, May 5-20, Two
years suspended sentence.
4. Andrey Dzmitryeu, Nyaklyaeu's campaign team leader, No,
May 5-20, Two years suspended sentence.
5. Syarhey Vaznyak, Nyaklyaeu's aid, No, May 5-20, Two
years suspended sentence.
6. Nasta Palazhanka, Malady Front deputy chair, No, May 5-
20, One year suspended sentence.
7. Paval Sevyarynets, Belarusian Christian Democracy co-
chair, Rymasheuski's aid, No, May 11-16, Three years of
``khimiya,'' a form of internal exile.
8. Zmitser Bandarenka, European Belarus coalition
coordinator, Charter97, Yes, April 26-27, Two years in jail.
9. Syarhey Martsaleu, Statkevich's aid, No, May 11-16, Two
years suspended sentence.
10. Iryna Khalip, independent journalist, Sannikau's wife,
No, May 11-16, Two years suspended sentence.
Persons suspected of organizing and participating in mass
riots (article 293 para 1 and 2 of the Criminal Code,
penalties of up to 15 years in jail)
1. Ryhor Kastuseu, BPF deputy, presidential candidate, No.
2. Anton Davydzenka, a demonstration participant, No.
3. Usevalad Kavalenka, a demonstration participant, No.
4. Syarhey Klyueu, ``Tell the truth'' activist, No.
5. Mikita Krasnou, a youth activist, No (abroad).
6. Dzmitry Apishau, a demonstration participant, No.
7. Leanid Navitski, Sannikau's aid, No (abroad).
8. Andrey Mikalayeu, a demonstration participant, No.
9. Alyaksandr Vasileuski, a demonstration participant, No.
10. Dzyanis Shydlouski, a demonstration participant, No.
11. Alyaksey Sharstou, a demonstration participant, No.
12. Dzmitry Huseltsau, a demonstration participant, No.
13. Vital Stazharau, a demonstration participant, No
(abroad).
Persons convicted of severe hooliganism committed by a
group of individuals inflicting bodily harm (article 339 para
2 and 3, penalties of up to ten years in jail); detained
December 18
1. Zmitser Dashkevich, Malady Front leader, Yes, March 22-
24, Two years in jail; severe hooliganism (para 2).
2. Eduard Lobau, Malady Front activist, Yes, March 22-24,
Four years in a high security jail; severe hooliganism (para
3 involving armaments).
Students Expelled after December 19 (for political
reasons).
Belarusian Committee for defense of the repressed
``Salidarnasc'' reports ten expelled students:
1. Yauheni Bely, Belarusian State University.
2. Uladzimir Syarheyeu, Belarusian State University.
3. Alyaksandr Lukashou, Belarusian State University.
4. Katsyaryna Davydzik, Belarusian State University.
5. Katsyaryna Klimko, Institute of Journalism, Belarusian
State University.
6. Aleh Anufyenka, Institute of Journalism, Belarusian
State University.
7. Viktorya Petrakouskaya, Maxim Tank Belarusian State
Pedagogical University.
8. Viktoryia Kruchkova, Maxim Tank Belarusian State
Pedagogical University.
9. Tatsiana Hrybouskaya, Maxim Tank Belarusian State
Pedagogical University.
10. Andrey Luhin, Maxim Tank Belarusian State Pedagogical
University.
11. Artsyom Khvastsyuk, Belarusian State University of
Informatics and Radioelectronics.
12. Uladzimir Yaromenak * Belarusian State University of
Informatics and Radioelectronics.
13. Illya Zhakhavets, Belarusian Institute of Law.
14. Yauhen Tsarykau, Minsk State High Radiotechnical
College.
15. Illyia Vasilevich * Minsk State Polytechnic College.
16. Boris Zakharchuk, Hrodna State University named after
Kupala.
17. Yauhen Busko, Hrodna State University named after
Kupala.
18. Arseni Asmanau, Homyel State University named after
Skaryna.
19. Mikita Likhavid * Minsk Institute of Entrepreneurship.
20. Fyodar Mirzayanau * Belarusian State Economic
University.
* Tried and Sentenced to terms in prison
Other sources report (unconfirmed):
1. Ales Krot (Member of Studentskaya Rada [independent
Student Council], Belarusian National Technical University.
2. Anna Baraban, Belarusian State University.
3. Alina Litvinchuk, Brest State University.
4. Syarhey Sadouski, Belarusian State University of
Informatics and Radioelectronics.
According to ``Salidarnasc'', one student was expelled
before December 19 (for political reasons).
1. Mikhail Mikulich Maxim Tank Belarusian State Pedagogical
University.
Mr. QUIGLEY. Madam Speaker, I rise today in support of H.R. 515, the
``Belarus Democracy Reauthorization of 2011.'' In recent years the
Belarusian government, lead by Alexander Lukashenko, has engaged in
atrocious human rights violations against opposition leaders and
journalists. I believe that it is time that the United States call for
an end of these practices and I urge my colleagues to vote in favor of
H.R. 515.
Seven years ago the ``Belarus Democracy Act of 2004'' was passed into
law as a measure to help promote the values of democracy, human rights,
and to end the violations of fundamental freedoms in the Republic of
Belarus. Since this time, the Belarusian dictator, Alexander
Lukashenko, has continued to harass and persecute pro-democracy
political dissenters and regularly engages in human rights violations
against his people. The ``Belarus Democracy Reauthorization Act of
2011'' calls for Lukashenko to cease all persecution and urges the
Belarusian government to work to promote the conditions required for
integration of Belarus into the European family of democracies.
This legislation carries a larger significance as it is coming to a
vote on the eve of a poignant time in Belarus's involvement within the
global community. The International Ice Hockey Federation's (IIHF) 2014
World Ice Hockey Championship has recently been awarded to Belarus and
will be hosted in Minsk resulting in fanfare and praise. It is my
belief that the IIHF should suspend this great honor until the iron
grip of Lukashenko's police state is lifted and all political prisoners
are released. The United States Senate unanimously, passed a resolution
in April of 2011 expressing the dire need for a moratorium on the 2014
World Ice Hockey Championships in Belarus until justice has been
brought to Lukashenko's victims.
It is with sincere urgency that I ask my colleagues to support the
passage of H.R. 515, ``Belarus Democracy Reauthorization Act of 2011.''
We must continue the strong tradition of promoting democratic values
around the world and let Alexander Lukashenko know that his behavior
will not be condoned or tolerated by the United States of America.
Mr. PAUL. Madam Speaker, I rise in opposition to the ``Belarus
Democracy Act'' reauthorization. This title of this bill would have
amused George Orwell, as it is in fact a U.S. regime-change bill. Where
does the United States Congress derive the moral or legal authority to
determine which political parties or organizations in Belarus--or
anywhere else--are to be U.S.-funded and which are to be destabilized?
How can anyone argue that U.S. support for regime-change in Belarus is
somehow ``promoting democracy''? We pick the parties who are to be
supported and funded and somehow this is supposed to reflect the will
of the Belarusian people? How would Americans feel if the tables were
turned and a powerful foreign country demanded that only a political
party it selected and funded could legitimately reflect the will of the
American people?
I would like to know how many millions of taxpayer dollars the U.S.
government has wasted trying to overthrow the government in Belarus. I
would like to know how much money has been squandered by U.S.
government-funded front-organizations like the National Endowment for
Democracy, the International Republic Institute, Freedom House, and
others meddling like the old Soviet Union in the internal politics of a
country that has neither threatened nor attacked the United States. It
is the arrogance of our foreign policy and we call it ``democracy.'' We
wonder why we are no longer loved and admired overseas.
Finally, I strongly object to the sanctions that this legislation
imposes on Belarus. We must keep in mind that sanctions and blockades
of foreign countries are considered acts of war. Do we need to continue
war-like actions yet another country? Can we afford it.
I wish to emphasize that I take this position not because I am in
support of the regime in Belarus, or anywhere else. I take this
position because it is dangerous folly to be the Nation that arrogates
to itself the right to determine the leadership of the rest of the
world. As we teeter closer to bankruptcy, it should be more obvious
that we need to change our foreign policy to one of constructive
engagement rather than hostile interventionism. And though it scarcely
should need to be said, I must remind my colleagues today that we are
the U.S. House of Representatives, and not some sort of world congress.
We have no constitutional authority to intervene in the wholly domestic
affairs of Belarus or any other sovereign nation.
Mr. SMITH of New Jersey. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Florida (Ms. Ros-Lehtinen) that the House suspend the
rules and pass the bill, H.R. 515, as amended.
[[Page H4638]]
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________