Secrecy denials may be appealed to a commission under the cabinet of ministers. This commission. however. does not exist. and the draft does not specify who it is to compromise this commission. or its mandate or authority. Another catch 22: Article 11 requires that citizens who are eligible for military callupbasically. those between the ages of 16 and 28must serve their term of active duty prior to emigrating. However. Soviet citizens have been and are being routinely denied permission to emigrate on the state secrets grounds after military service. assuming that while they were in the military. they acquired state secrets. Under article 14. adults are still required to submit affidavits from relatives. such as parents and exspouses. renouncing any financial obligation. This is the socalled poor relative clause. In the absence of a signed affidavit. the decision may be appealed. but the process of appeal is not mentioned. Mr. President. the law. as it is before the Soviet Parliament today. by no means brings the Soviet Union into compliance with international standards on the freedom to emigrate and the freedom of movement. So. Mr. President. based on the failure of the Soviet Union to yet adoptand even if they were to adopt the draft currently before them and found it to be acceptable to meet the basic core issue of the right of humans within the Soviet Union to emigrate. I find the Soviet Union to have failed the essential test of JacksonVanik. Therefore. we continue to be in a position where the United States should not extend to the Soviet Union the economic benefits and the tacit statement of acceptance of the Soviet Unions current standard of human rights.
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emigrate emigrating