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26–077PDF 2006

EXPRESSING SUPPORT FOR THE EFFORTS OF THE PEOPLE OF

THE REPUBLIC OF BELARUS TO ESTABLISH A FULL DEMOCRACY, THE RULE OF LAW, AND RESPECT FOR HUMAN

RIGHTS AND URGING THE GOVERNMENT OF BELARUS TO

CONDUCT FREE AND FAIR PRESIDENTIAL ELECTIONS IN 2006;

AND CONCERNING THE GOVERNMENT OF ROMANIA’S BAN

ON INTERCOUNTRY ADOPTIONS AND THE WELFARE OF ORPHANED OR ABANDONED CHILDREN IN ROMANIA

MARKUP

BEFORE THE

SUBCOMMITTEE ON EUROPE AND 

EMERGING THREATS

OF THE

COMMITTEE ON 

INTERNATIONAL RELATIONS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED NINTH CONGRESS

SECOND SESSION

ON

H. Res. 673 and H. Res. 578

FEBRUARY 14, 2006

Serial No. 109–144

Printed for the use of the Committee on International Relations

(

Available via the World Wide Web: http://www.house.gov/international—relations 

(II)

COMMITTEE ON INTERNATIONAL RELATIONS 

HENRY J. HYDE, Illinois, Chairman 

JAMES A. LEACH, Iowa 

CHRISTOPHER H. SMITH, New Jersey, 

Vice Chairman 

DAN BURTON, Indiana 

ELTON GALLEGLY, California 

ILEANA ROS-LEHTINEN, Florida 

DANA ROHRABACHER, California 

EDWARD R. ROYCE, California 

PETER T. KING, New York 

STEVE CHABOT, Ohio 

THOMAS G. TANCREDO, Colorado 

RON PAUL, Texas 

DARRELL ISSA, California 

JEFF FLAKE, Arizona 

JO ANN DAVIS, Virginia 

MARK GREEN, Wisconsin 

JERRY WELLER, Illinois 

MIKE PENCE, Indiana 

THADDEUS G. MCCOTTER, Michigan 

KATHERINE HARRIS, Florida 

JOE WILSON, South Carolina 

JOHN BOOZMAN, Arkansas 

J. GRESHAM BARRETT, South Carolina 

CONNIE MACK, Florida 

JEFF FORTENBERRY, Nebraska 

MICHAEL MCCAUL, Texas 

TED POE, Texas 

TOM LANTOS, California 

HOWARD L. BERMAN, California 

GARY L. ACKERMAN, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

DONALD M. PAYNE, New Jersey 

SHERROD BROWN, Ohio 

BRAD SHERMAN, California 

ROBERT WEXLER, Florida 

ELIOT L. ENGEL, New York 

WILLIAM D. DELAHUNT, Massachusetts 

GREGORY W. MEEKS, New York 

BARBARA LEE, California 

JOSEPH CROWLEY, New York 

EARL BLUMENAUER, Oregon 

SHELLEY BERKLEY, Nevada 

GRACE F. NAPOLITANO, California 

ADAM B. SCHIFF, California 

DIANE E. WATSON, California 

ADAM SMITH, Washington 

BETTY MCCOLLUM, Minnesota 

BEN CHANDLER, Kentucky 

DENNIS A. CARDOZA, California 

VACANT 

THOMAS E. MOONEY, SR., Staff Director/General Counsel 

ROBERT R. KING, Democratic Staff Director 

SUBCOMMITTEE ON EUROPE AND EMERGING THREATS

ELTON GALLEGLY, California, Chairman 

JO ANN DAVIS, Virginia 

PETER T. KING, New York, Vice Chairman 

THADDEUS G. McCOTTER, Michigan 

DARRELL ISSA, California 

TED POE, Texas 

J. GRESHAM BARRETT, South Carolina 

ROBERT WEXLER, Florida 

ELIOT L. ENGEL, New York 

SHELLEY BERKLEY, Nevada 

GRACE F. NAPOLITANO, California 

ADAM B. SCHIFF, California 

BEN CHANDLER, Kentucky 

RICHARD MEREU, Subcommittee Staff Director 

JONATHAN KATZ, Democratic Professional Staff Member 

PATRICK PRISCO, Professional Staff Member 

BEVERLY RAZON, Staff Associate 

(III)

C O N T E N T S 

Page

MARKUP OF 

H. Res. 673, Expressing support for the efforts of the people of the Republic 

of Belarus to establish a full democracy, the rule of law, and respect 

for human rights and urging the Government of Belarus to conduct a 

free and fair presidential election on March 19, 2006 ...................................... 2

H. Res. 578, Concerning the Government of Romania’s ban on intercountry 

adoptions and the welfare of orphaned or abandoned children in Romania ... 10

(1)

EXPRESSING SUPPORT FOR THE EFFORTS OF THE PEOPLE 

OF THE REPUBLIC OF BELARUS TO ESTABLISH A FULL 

DEMOCRACY, THE RULE OF LAW, AND RESPECT FOR 

HUMAN RIGHTS AND URGING THE GOVERNMENT OF 

BELARUS TO CONDUCT FREE AND FAIR PRESIDENTIAL 

ELECTIONS IN 2006; AND CONCERNING THE GOVERNMENT 

OF ROMANIA’S BAN ON INTERCOUNTRY ADOPTIONS AND 

THE WELFARE OF ORPHANED OR ABANDONED CHILDREN 

IN ROMANIA 

TUESDAY, FEBRUARY 14, 2006

HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON EUROPE AND EMERGING THREATS, COMMITTEE ON INTERNATIONAL RELATIONS, Washington, DC. 

The Subcommittee met, pursuant to call, at 6:07 p.m. in room 

2200, Rayburn House Office Building, Hon. Elton Gallegly (Chairman of the Subcommittee) presiding. 

Mr. GALLEGLY. Pursuant to notice, I call up the resolution, 

H. Res. 673, for the purposes of markup and move its recommendation to the Full Committee. Without objection, the resolution will be considered as read and open for amendment at any 

point. 

Today, the Subcommittee on Europe and Emerging Threats is 

marking up two resolutions. The first item on the agenda is H. Res. 

673, a resolution introduced by Congressman John Shimkus, expressing support for the efforts of the people of Belarus to establish 

a full democracy and respect human rights, and urging the government to conduct a free and fair Presidential election on March 19. 

[The resolution referred to follows:]

2


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2

H.L.C.

Whereas the Government of Belarus has accepted numerous

specific commitments governing the conduct of elections

as a participating State of the Organization for Security

and Cooperation in Europe (OSCE), including provisions

of the 1990 Copenhagen Document;

Whereas these commitments, which encourage transparency,

balance, and impartiality in an election process, have become the standard by which observers determine whether

elections have been conducted freely and fairly;

Whereas the election on March 19, 2006, of the next president of Belarus will provide an unambiguous test of the

extent of the commitment of the Belarusian authorities

to implement these standards and build a democratic society based on free elections and the rule of law;

Whereas previous elections in Belarus have not met international standards;

Whereas the 2004 vote on the constitutional referendum in

Belarus did not meet international standards;

Whereas it is the duty of government and public authorities

at all levels to act in a manner consistent with all laws

and regulations governing election procedures and to ensure free and fair elections throughout the entire country,

including preventing activities aimed at undermining the

free exercise of political rights;

Whereas a genuinely free and fair election requires a period

of political campaigning conducted in an environment in

which neither administrative action nor violence, intimidation, or detention hinder the parties, political associations, and the candidates from presenting their views and

qualifications to the citizenry, including organizing supporters, conducting public meetings and events throughVerDate Mar 21 2002 09:36 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00007 Fmt 6633 Sfmt 6633 F:\WORK\EET\021406M\26077.000 HINTREL1 PsN: SHIRL

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H.L.C.

out the country, and enjoying unimpeded access to television, radio, print, and Internet media on an equal basis;

Whereas a genuinely free and fair election requires that citizens be guaranteed the right and effective opportunity to

exercise their civil and political rights, including the right

to vote free from intimidation, threats of political retribution, or other forms of coercion by national or local authorities or others;

Whereas a genuinely free and fair election requires the full

transparency of laws and regulations governing elections,

multiparty representation on election commissions, and

unobstructed access by candidates, political parties, and

domestic and international observers to all election procedures, including voting and vote-counting in all areas of

the country;

Whereas control and manipulation of the media by national

and local officials and others acting at their behest could

raise grave concerns regarding the commitment of the

Belarusian authorities to free and fair elections;

Whereas efforts by national and local officials and others acting at their behest to impose obstacles to free assembly,

free speech, and a free and fair political campaign will

call into question the fairness of the upcoming election in

Belarus; and

Whereas the arrest or intimidation of opposition political parties and candidates, such as the leader of the Unified

Democratic Forces and other people involved with the opposition, represents a deliberate assault on the democratic process: Now, therefore, be it

1 Resolved, That the House of Representatives—


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4

H.L.C.

1 (1) looks forward to the development of cordial

2 relations between the United States and the Repub3 lic of Belarus;

4 (2) emphasizes that a precondition for the inte5 gration of Belarus into the Western community of

6 nations is its establishment of a genuinely demo7 cratic political system;

8 (3) expresses its strong and continuing support

9 for the efforts of the Belarusian people to establish

10 a full democracy, the rule of law, and respect for

11 human rights in Belarus;

12 (4) urges the Government of Belarus to guar13 antee freedom of association and assembly, including

14 the right of candidates, members of political parties,

15 and others to freely assemble, to organize and con16 duct public events, and to exercise these and other

17 rights free from intimidation or harassment by na18 tional or local officials or others acting at their be19 hest;

20 (5) urges the Government of Belarus to meet

21 its Organization for Security and Cooperation in Eu22 rope (OSCE) standards and commitments on demo23 cratic elections, including the standards on free and

24 fair elections as defined in the 1990 Copenhagen

25 Document;


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5

H.L.C.

1 (6) urges the Belarusian authorities to

2 ensure—

3 (A) the full transparency of election proce4 dures before, during, and after the 2006 presi5 dential election;

6 (B) unobstructed access by election mon7 itors from the Office of Democratic Institutions

8 and Human Rights (ODIHR), other partici9 pating States of the OSCE, Belarusian political

10 parties, candidates’ representatives, nongovern11 mental organizations, and other private institu12 tions and organizations—both foreign and do13 mestic—to all aspects of the election process,

14 including unimpeded access to public campaign

15 events, candidates, news media, voting, and

16 post-election tabulation of results and proc17 essing of election challenges and complaints;

18 (C) multiparty representation on all elec19 tion commissions;

20 (D) unimpeded access by all parties and

21 candidates to print, radio, television, and Inter22 net media on a non-discriminatory basis;

23 (E) freedom of candidates, members of op24 position parties, and independent media organi25 zations from intimidation or harassment by


26077a.AAF
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H.L.C.

1 government officials at all levels via selective

2 tax audits and other regulatory and bureau3 cratic procedures, and in the case of media, li4 cense revocations and libel suits, among other

5 measures;

6 (F) a transparent process for complaint

7 and appeals through electoral commissions and

8 within the court system that provides timely

9 and effective remedies; and

10 (G) vigorous prosecution of any individual

11 or organization responsible for violations of

12 election laws or regulations, including the appli13 cation of appropriate administrative or criminal

14 penalties;

15 (7) encourages the international community, in16 cluding the Council of Europe, the OSCE, and the

17 OSCE Parliamentary Assembly, to continue their ef18 forts to support democracy in Belarus and urges

19 countries such as Lithuania and other Baltic coun20 tries and Nordic countries to continue to provide as21 sistance to nongovernmental organizations and other

22 Belarusian organizations involved in promoting de23 mocracy and fair elections in Belarus; and

24 (8) pledges its support to the Belarusian peo25 ple, their commitment to a fully free and open demoVerDate Mar 21 2002 09:36 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00011 Fmt 6633 Sfmt 6633 F:\WORK\EET\021406M\26077.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 cratic system, their creation of a prosperous free

2 market economy, and their country’s assumption of

3 its rightful place as a full and equal member of the

4 Western community of democracies.


26077a.AAH
9

Mr. GALLEGLY. Belarus is often described as the last dictatorship 

in Europe. In the past 3 or 4 years, especially since the 2004 parliamentary elections and referendum, President Alexander 

Lukashenko has increased repression against NGOs, media outlets 

and any opponents of the government, including youth groups. 

Perhaps most disturbing are the cases of the forced disappearances of journalists and others who have dared to criticize the 

Lukashenko regime. To date, the Government of Belarus has refused to conduct an impartial investigation into the disappearances 

and has refused to allow independent, UN-appointed investigators 

to look into these cases. 

The purpose of this resolution is two-fold. First, it supports the 

courageous people of Belarus who are trying to establish basic freedoms and democratic institutions in their country. Second, it urges 

Belarusian authorities to ensure fully transparent and free and fair 

Presidential elections on March 16. A key aspect of fair campaigns 

and elections is the ability of all parties to have unimpeded access 

to print and electronic media. 

As President Bush said last year, and I quote:

‘‘One of the roles that the United States can play is to speak 

clearly about the need for Belarus to be free, and to work with 

the people to insist that Belarus be free.’’

This is exactly what we are doing with the adoption of this resolution. 

My office has worked closely with Congressman John Shimkus’s 

office on the language of House Resolution 673. I am an original 

co-sponsor of this legislation and urge its passage by the Subcommittee. 

At this time, I would turn to my good friend, the gentleman from 

Florida, Ranking Member Mr. Wexler, for any statement he might 

want to make. 

Mr. WEXLER. Thank you, Mr. Chairman. I concur with everything that you said, and I would move the process forward when 

the Chairman is ready. 

Mr. GALLEGLY. There are no amendments. So the question occurs 

on the motion to report the resolution, H. Res. 673, favorably. All 

in favor, say aye. 

[A chorus of ayes.] 

Mr. GALLEGLY. All opposed, no. The motion is approved. The resolution is reported favorably. 

The staff is directed to make any technical and conforming 

amendments. 

Pursuant to notice, I call up the resolution, H. Res. 578, for the 

purpose of markup and move its recommendation to Full Committee. Without objection, the resolution will be considered as read 

and open for amendment at any time. 

The second item on the agenda today is House Resolution 578, 

a resolution introduced by Congressman Chris Smith, the Chairman of the Subcommittee on Africa, Global Human Rights and 

International Operations, which calls on the Government of Romania to decrease the barriers to domestic and intercountry adoptions. 

[The resolution referred to follows:]

10

1

IV

109TH CONGRESS

1ST SESSION H. RES. 578

Concerning the Government of Romania’s ban on intercountry adoptions

and the welfare of orphaned or abandoned children in Romania.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 18, 2005

Mr. SMITH of New Jersey (for himself, Mr. CARDIN, Mrs. NORTHUP, Mr.

PITTS, Mr. PENCE, Mr. COSTELLO, Mr. BURTON of Indiana, Mrs. JO

ANN DAVIS of Virginia, Mr. TIAHRT, Mr. BRADLEY of New Hampshire,

and Mr. FRANK of Massachusetts) submitted the following resolution;

which was referred to the Committee on International Relations

RESOLUTION

Concerning the Government of Romania’s ban on intercountry adoptions and the welfare of orphaned or abandoned children in Romania.

Whereas following the execution of Romanian President

Nicolae Ceausescu in 1989, it was discovered that more

than 100,000 underfed, neglected children throughout

Romania were living in hundreds of squalid and inhumane institutions;

Whereas United States citizens responded to the dire situation of these children with an outpouring of compassion

and assistance to improve conditions in those institutions

and to provide for the needs of abandoned children in Romania;


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•HRES 578 IH

Whereas, between 1990 and 2004, United States citizens

adopted more than 8,200 Romanian children, with a

similar response from Western Europe;

Whereas the United Nations Children’s Fund (UNICEF) reported in March 2005 that more than 9,000 children a

year are abandoned in Romania’s maternity wards or pediatric hospitals and that child abandonment in Romania

in ‘‘2003 and 2004 was no different from that occurring

10, 20, or 30 years ago’’;

Whereas there are approximately 37,000 orphaned or abandoned children in Romania today living in state institutions, an additional 49,000 living in temporary arrangements, such as foster care, and an unknown number of

children living on the streets and in maternity and pediatric hospitals;

Whereas, on December 28, 1994, Romania ratified the

Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption which recognizes that ‘‘intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable

family cannot be found in his or her State of origin’’;

Whereas intercountry adoption offers the hope of a permanent family for children who are orphaned or abandoned

by their biological parents;

Whereas UNICEF’s official position on intercountry adoption, in pertinent part, states: ‘‘For children who cannot

be raised by their own families, an appropriate alternative family environment should be sought in preference

to institutional care, which should be used only as a last

resort and as a temporary measure. Inter-country adoption is one of a range of care options which may be open


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•HRES 578 IH

to children, and for individual children who cannot be

placed in a permanent family setting in their countries of

origin, it may indeed be the best solution. In each case,

the best interests of the individual child must be the

guiding principle in making a decision regarding adoption.’’;

Whereas unsubstantiated allegations have been made about

the fate of children adopted from Romania and the qualifications and motives of those who adopt internationally;

Whereas in June 2001, the Romanian Adoption Committee

imposed a moratorium on intercountry adoption, but continued to accept new intercountry adoption applications

and allowed many such applications to be processed

under an exception for extraordinary circumstances;

Whereas on June 21, 2004, the Parliament of Romania enacted Law 272/2004 on ‘‘the protection and promotion of

the rights of the child,’’ which creates new requirements

for declaring a child legally available for adoption;

Whereas on June 21, 2004, the Parliament of Romania enacted Law 273/2004 on adoption, which prohibits intercountry adoption except by a child’s biological grandparent or grandparents;

Whereas there is no European Union law or regulation restricting intercountry adoptions to biological grandparents or requiring that restrictive laws be passed as a

prerequisite for accession to the European Union;

Whereas the number of Romanian children adopted domestically is far less than the number abandoned and has declined further since enactment of Law 272/2004 and 273/

2004 due to new, overly burdensome requirements for

adoption;


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•HRES 578 IH

Whereas prior to enactment of Law 273/2004, 211 intercountry adoption cases were pending with the Government of Romania in which children had been matched

with adoptive parents in the United States, and approximately 1,500 cases were pending in which children had

been matched with prospective parents in Western Europe; and

Whereas Romanian children, and all children, deserve to be

raised in permanent families: Now, therefore, be it

1 Resolved, That the House of Representatives—

2 (1) supports the desire of the Government of

3 Romania to improve the standard of care and well4 being of children in Romania;

5 (2) urges the Government of Romania to com6 plete the processing of the intercountry adoption

7 cases which were pending when Law 273/2004 was

8 enacted;

9 (3) urges the Government of Romania to amend

10 its child welfare and adoption laws to decrease bar11 riers to adoption, both domestically and inter12 country, including by allowing intercountry adoption

13 by persons other than biological grandparents;

14 (4) urges the Secretary of State and the Ad15 ministrator of the United States Agency for Inter16 national Development to work collaboratively with

17 the Government of Romania to achieve these ends;

18 and


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•HRES 578 IH

1 (5) requests that the European Union and its

2 member States not impede the Government of Ro3 mania’s efforts to place orphaned or abandoned chil4 dren in permanent homes in a manner that is con5 sistent with Romania’s obligations under the Hague

6 Convention on Protection of Children and Co-oper7 ation in Respect of Intercountry Adoption.

Æ


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Mr. GALLEGLY. Since the fall of Communism in 1989, there has 

been little improvement in the condition of Romanian children in 

state-run orphanages and other institutions. UNICEF has reported 

that more than 9,000 children are abandoned each year, and according to the European Union approximately 49,000 children lack 

permanent homes. 

On January 1, 2005, a new law in Romania resulted in a prohibition of intercountry adoptions except in rare cases of a child’s biological grandparent. This law went into effect despite a waiting list 

of thousands of children without a mother or father. At the time 

of the enactment, about 1,500 adoption applications were already 

registered with the Romanian Government, including 200 that had 

been matched with their new parents. 

I am a co-sponsor and strong supporter of H. Res. 578. Allowing 

intercountry adoptions offers the advantage of a family to children 

whose prospects in this world are otherwise very bleak. For the 

sake of all those children in need of a stable family and a stable 

home environment, Congress should go on record in support of improved care for Romanian children and for Romania to ease the 

barriers for international adoptions. 

I urge the passage of H. Res. 578 and will now recognize my good 

friend, Congressman Wexler. 

Mr. WEXLER. Thank you, Mr. Chairman. With your permission, 

I will take a moment or two on this bill. 

I join you in support of House Resolution 578 and also want to 

commend Congressman Smith for his efforts to address this important issue. There is no one in the Congress that is more genuine 

about resolving these types of issues than Congressman Smith. 

In January, I traveled to Romania to meet with officials to discuss my deep concerns about this very issue, as well as to advocate 

for constituents of mine, the Springer family, who have made every 

effort to reunite their Romanian adopted daughter, Gabriella, with 

her biological twin sisters. This is a heartbreaking situation for the 

Springer family, as well as the hundreds of other American pipeline families, as well as a larger group of European, Israeli and 

Australian pipeline families, whose adoption process has been halted under the Romanian law that bans intercountry adoptions. 

During my visit, I had the privilege of meeting with Romania 

President Basesu and other Romanian officials involved in this 

issue to urge them to address the pipeline cases, as well as reexamine intercountry adoption as a positive way to ensure that Romanian children are placed in loving stable homes with the best opportunity for a healthy and productive life. 

During my meetings Romanian officials expressed their desires 

to address this issue, past problems, explaining them in terms of 

their experiences, with intercountry adoptions as well as, what 

they perceived to be, their inability to change their laws in light 

of their pending accession to the European Union and what they 

perceive to be pressure from the European Union that might be on 

its surface opposite to what we are asking today. 

I believe that, as one of America’s staunchest allies in Europe, 

Romanian officials and people truly want what is best for their own 

children. To this end, I am hopeful that this resolution today will 

send a positive signal about our desire to see that these outVerDate Mar 21 2002 09:36 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00019 Fmt 6633 Sfmt 6633 F:\WORK\EET\021406M\26077.000 HINTREL1 PsN: SHIRL
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standing cases are resolved as well as about our willingness to 

work with Bucharest to address this issue. 

One last comment, if I could. The President of Romania is an extraordinary ally of America in many, many different ways. I think, 

in addition to this resolution, we should examine ways in which we 

can positively, rather than negatively, affect the ability of the Romanian President and those that he needs to work with in order 

to result in a positive declaration by the Romanian Government 

which would allow intercountry adoptions when it is in the best interests of the children. That should be the only standard. 

I would respectfully suggest that once the European Union, I believe in April, announces whether Romania will be given a 2007 or 

2008 date, that within that window of opportunity, those 4 to 6 

weeks subsequent to that announcement, we could hopefully apply 

positive pressure to reach a just and fair conclusion. Thank you, 

Mr. Chairman, for indulging me the time. 

Mr. GALLEGLY. I thank the gentleman from Florida. The question 

occurs on the motion to report H. Res. 578. All in favor, say aye. 

[A chorus of ayes.] 

Mr. GALLEGLY. Any opposed? The motion is approved. The resolution is reported favorably. 

The staff is directed to make any technical and conforming 

amendments, and with that, I want to thank you all for participating today, and the Subcommittee stands adjourned. 

[Whereupon, at 6:16 p.m., the Subcommittee was adjourned.]

Æ