Senate Resolution 234 - 04.10.2002

 

Senate Resolution 234
Statement by Senator Gordon Smith

 

107th CONGRESS

2d Session

Reiterating the sense of the Senate that religious freedom is a priority of the United States in the bilateral relationship with the Russian Federation, including within the context of the Jackson-Vanik Amendment

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S. Res. 234

IN THE SENATE OF THE UNITED STATES

Mr. Smith of Oregon (for himself and Mrs. Clinton, Mr. Harkin, Ms. Mikulski, Mr. Warner, Mr. Wellstone, Mr. Sessions, Mr. Bayh, Mr. Hatch, Mr. McConnell, Mr. Durbin, Mr. Cleland, Mr. Lieberman, Mr. Allen, Mr. Hagel, Mr. Nelson of Florida, Mr. Reid, Mr. Nickles, Mr. Schumer, Mr. Feingold, Mr. Conrad, Mr. Leahy, Mr. Graham, Mrs. Feinstein, Mr. Reed, Mr. Corzine, Mr. Wyden, and Mr. Johnson) introduced the following bill; which was read twice and referred to the Committee on Finance.

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A RESOLUTION

Reiterating the sense of the Senate that religious freedom is a priority of the United States in the bilateral relationship with the Russian Federation, including within the context of the Jackson-Vanik Amendment

Whereas religious freedom and minority rights have always been a priority of the United States Congress and the American people;

Whereas the Russian Federation has experienced a miraculous revival of religious life since the Soviet collapse ten years ago, especially with respect to the historically persecuted Russian Jewish community;

Whereas the Russian Government has publicly welcomed the participation of faith communities in national life;

Whereas the Department of State's International Religious freedom Report (October 2001), submitted to Congress in compliance with Section 102(b) of the International Religious Freedom Act (IRFA) of 1998, details numerous and widespread restrictions upon minority faiths under Russia's 1997 Religion Law;

Whereas Deputy Prime Minister Valentina Matvienko said on 23 October that the Russian government is working on amendments to the Religion Law to further restrict still the activities of foreign religious groups on Russian territory;

Whereas the International Religious Freedom Report also details a series of Russian Government actions during the past year that have interfered with the functioning of Jewish community institutions;

Whereas "Izvestiya" reported on 6 November that no one in Russia's Federal Security Service (FSB) is assigned to handle extremist and racist movements, while nationalist and anti-Semitic extremists continue to spread propaganda and incite violence in incidents across Russia;

Whereas Russia has accepted international obligations, including those specified in the 1990 Copenhagen Document of the Organization for Security and Cooperation in Europe, to allow ethnic and religious minorities "to establish and maintain their own educational, cultural and religious institutions, organizations or associations";

Whereas 98 Senators wrote to President Vladimir Putin of the Russian Federation on 3 August 2001, recognizing individual instances of progress but expressing concern over the anti-Semitic rhetoric heard at both the national and local levels of Russian society and politics;

Whereas, on 24 October 2001, by Unanimous Consent, the Senate passed Amendment SA 1948 to the Foreign Operations FY 2002 Appropriations Bill (H.R. 2506), instructing that funds for the Government of the Russian Federation be conditioned upon the President's certification to Congress that the Russian Government "has not implemented any statute, executive order, regulation, or other similar government action that would discriminate, or would have as its principal effect discrimination, against religious groups or religious communities in the Russian Federation in violation of accepted international agreements on human rights and religious freedoms to which the Russian Federation is a party";

Whereas the Congress passed Title IV of the Trade Act of 1974 ("the Jackson-Vanik Amendment") "to assure the continued dedication of the United States to fundamental human rights";

Whereas the Jackson-Vanik Amendment focuses on free emigration as a condition for granting Normal Trade Relations to non-market economies, including authority for the President to waive this restriction upon certifying that a country was permitting free emigration;

Whereas the President stated on 13 November, 2001, that Russia has made important strides on emigration and the protection of religious and ethnic minorities, "including Russia's Jewish community. On this issue, Russia is in a fundamentally different place than it was during the Soviet era. President Putin told me that these gains for freedom will be protected and expanded;"

Whereas the President further stated: "Our Foreign Ministers have sealed this understanding in an exchange of letters. Because of this progress, my administration will work with Congress to end the application of Jackson-Vanik Amendment to Russia;"

Whereas the exchange of letters between the Secretary of State and the Minister of Foreign Affairs of Russia underscored Russian and U.S. commitments on human rights and religious freedoms, including restitution of communal properties seized during the Soviet era, the revival of minority communities, and combating xenophobia and anti-Semitism;

Whereas, in meeting with Senate leadership on 13 November, 2001, President Putin reiterated his commitment to working with the United States and with the Congress on advancing civil society and human rights in his country;

Whereas the President of the United States issued a "Religious Freedom Day 2002" Proclamation on 16 January, 2002, saying, "I encourage all Americans to renew their commitment to protecting the liberties that make our country a beacon of hope for people around the world who seek the free exercise of religious beliefs and other freedoms;"

Whereas the Russian Federation has proven to be a critical ally in the war on international terrorism in which the civilized world is currently engaged;

Now, therefore, be it

Resolved by the Senate, that it is the sense of the Senate that-

(1) within the context of productive and constructive relations between the governments and peoples of the United States and the Russian Federation, religious freedom and the protection of minority rights must remain as priority issues on the bilateral agenda of both countries; and

(2) any actions by the United States Government to "graduate" or terminate the application of the Jackson-Vanik Amendment to any individual country must take into account the progress already achieved through the application of the Amendment as well as appropriate assurances regarding the continued commitment of that government to enforcing and upholding the fundamental human rights envisioned in the Amendment; and

(3) the United States Government must demonstrate how, in "graduating" individual countries, the "continued dedication of the United States" to these fundamental rights will be assured.

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Statement by Senator Gordon Smith (R-OR) April 10, 2002

 

Mr. President, I rise today to submit an important resolution regarding the Jackson-Vanik Amendment and the Russian Federation. I am joined by my colleague Senator Clinton of New York and 26 other cosponsors in submitting this resolution. This legislation recognizes the progress made by the Russian Federation regarding religious freedom issues and the Jewish community, as well as the impact the Jackson-Vanik Amendment has had even before it was signed into law in 1975.

Over one million Israelis, hundreds of thousands of Americans and countless thousands across the world are living free because of Jackson-Vanik and the American commitment it reflects to religious freedom and freedom of emigration. At the same time, countless Jews and others in Russia live in relative freedom thanks in part to the very Jackson-Vanik Amendment that U.S. and Soviet leaders once decried as a "Cold War relic". Rather than a relic, it is a lesson for us today.

The legacy of Jackson-Vanik goes far beyond its impact on those living freer today. Jackson-Vanik has actualized the notion that human rights are not the province of any country's "domestic internal policy". Since the exchange of letters last November 13 between the U.S. and Russian governments, there can never again be a doubt that religious freedom has earned a prominent place on the U.S.-Russian bilateral agenda.

The achievements of President Bush and his administration in this regard have carried out the spirit of previous administrations. In addition to recent letters from President Bush to the Congressional leadership, the President wrote last November 19 to Harold Paul Luks, Chairman of NCSJ: "The Jewish community has helped write a proud chapter in the history of American foreign relations, but the work is not complete. We need your continued advocacy and support, and my Administration looks forward to working closely with you on these challenges."

Clearly, Senate and citizen involvement is not an impediment to U.S. foreign policy. As the President's letter underscores, such activism is an underpinning of our approach to foreign governments. While this Resolution takes no position on "graduating" Russia from Jackson-Vanik, the test should not be the total elimination of xenophobia or the completion of democratic civil society. Never before has religious activity in Russia been so varied and widespread. And yet the threats to freedom of religion remain. We now have many channels for addressing our deep concerns.

If the legislation to graduate Russia does incorporate these channels and the commitments of the Russian and U.S. governments, then future leaders of Russia will know the context in which the United States Congress has considered the extension of Normal Trade Relations. And if our colleagues join in support of this Resolution, regardless of their position on Russia's graduation, then the sense of the Senate will be an explicit part of the permanent record of this process.

The legacy of Jackson-Vanik vis-a-vis Russia is a proud one, and one that can best be sealed through appropriate legislation and through messages such as the resolution we introduce today. I want to thank the 28 cosponsors of this resolution and ask that all my colleagues join me on this important legislation.