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The Helsinki Process and the OSCE

The Organization for Security and Cooperation in Europe (OSCE) has its origins in the early 1950s, when the Soviet Union first proposed the creation of an all-European security conference. In the mid-1960s the Warsaw Pact renewed calls for such a conference. In May 1969, the Government of Finland sent a memorandum to all European countries, the United States and Canada, offering Helsinki as a conference venue. Beginning in November 1972, representatives from the original 35 nations met for nearly three years to work out the arrangements and the framework for the conference, concluding their work in July 1975.

On August 1, 1975, the leaders of the original 35 participating States gathered in Helsinki and signed the Final Act of the Conference on Security and Cooperation in Europe. Also known as the Helsinki Accords, the Final Act is not a treaty, but rather a politically binding agreement consisting of three main sections informally known as "baskets," adopted on the basis of consensus. This comprehensive Act contains a broad range of measures designed to enhance security and cooperation in the region extending from Vancouver to Vladivostok.

  • Basket I - the Security Dimension - contains a Declaration of Principles Guiding Relations between participating States, including the all-important Principle VII on human rights and fundamental freedoms. It also includes a section on confidence-building measures and other aspects of security and disarmament aimed at increasing military transparency.
  • Basket II - the Economic Dimension - covers economic, scientific, technological and environmental cooperation, as well as migrant labor, vocational training and the promotion of tourism.
  • Basket III is devoted to cooperation in humanitarian and other fields: freer movement of people; human contacts, including family reunification and visits; freedom of information, including working conditions for journalists; and cultural and educational exchanges. Principle VII and Basket III together have come to be known as the "Human Dimension."

Since 1975, the number of countries signing the Helsinki Accords has expanded to 57, reflecting changes such as the breakup of the Soviet Union, Czechoslovakia and Yugoslavia.

Institutionalization of the Conference in the early 1990s led to its transformation to the Organization for Security and Cooperation in Europe, effective January 1995.

Today, the Organization for Security and Cooperation in Europe is engaged in standard setting in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. In addition, the OSCE undertakes a variety of preventive diplomacy initiatives designed to prevent, manage and resolve conflict within and among the participating States.

The OSCE has its main office in Vienna, Austria, where weekly meetings of the Permanent Council are held. In addition, specialized seminars and meetings are convened in various locations and periodic consultations are held among Senior Officials, Ministers and Heads of State or Government.

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  • OSCE Ministers Urge Concerted Action to Combat Sexual Exploitation of Children

    By Ron McNamara, International Policy Director Foreign Ministers from the 56-nation Organization for Security and Cooperation in Europe approved a major initiative on combating a wide range of sexually exploitative crimes against children, including prostitution, child pornography, trafficking in children for sexual exploitation, sex tourism and forced marriages of children. A collaborative effort spearheaded by the United States, Belgium and France, the decision was unanimously agreed in recognition “that sexual exploitation of children constitutes a grave and heinous crime, in many cases involving organized crime that must be prevented, investigated, prosecuted and penalized with all available means.” The decision, taken during the annual Ministerial Council meeting, held in Brussels, provides political impetus to enhance cooperation among law enforcement agencies throughout the OSCE region. The statement issued by the Council condemns the sexual exploitation of children in all its forms, urging the participating States to conform their legislation on this subject to their relevant international commitments and obligations. Progress in strengthening the legal framework to combat these forms of abuse and close existing gaps is viewed by experts as essential to effective action by law enforcement, especially as these crimes often involve entities in numerous countries. The need for greater uniformity in relevant laws was made clear in a comprehensive report, Child Pornography: Model Legislation & Global Review, issued in 2006 by the International Centre for Missing & Exploited Children in cooperation with Interpol. Surveying laws in 184 Interpol member countries, the report found that more than half of these countries (95) had no laws addressing child pornography and, in many other countries, the existing laws were inadequate. Among OSCE countries, the report found that six countries lacked any laws criminalizing any aspect of child pornography, with 32 countries lacking any legal definition of child pornography. Sixteen OSCE countries have failed to make the possession of child pornography a crime and 20 lack laws criminalizing the distribution of child pornography via computer and the Internet. Fifty OSCE countries do not require Internet Service Providers (ISPs) to report suspected child pornography to law enforcement. To date, Belgium, France and the United States are the only OSCE countries to have enacted comprehensive laws addressing all five areas analyzed in the report. The Ministers drew particular attention to the role played by new technologies, including the Internet, in facilitating the sexual exploitation of children, in an industry with revenues in the billions of dollars each year. States were urged to take a holistic approach toward the problem of sexual exploitation of children, addressing root and contributing factors, including the demand that fosters all forms of sexual exploitation of children, and to develop comprehensive and proactive strategies and measures aimed at preventing and combating the sexual exploitation of children. OSCE countries were encouraged to develop compatible and exchangeable data registration systems specific to the sexual exploitation of children as well as create telephone or Internet hotlines as a resource for victims and their families. They were likewise urged to work with ISPs, credit card companies, banks and other corporations as well as relevant NGOs, to ensure information related to the sexual exploitation of children is tracked and reported. In addition, the Ministerial decision included a series of specific recommendations for further action by the participating States, many aimed at strengthening the tools available to law enforcement, including adoption of legal measures that would allow them to prosecute their citizens for serious sexual crimes against children, even if these crimes are committed in another country. OSCE States were urged to aggressively prosecute the sexual exploitation of children and impose tough penalties on offenders perpetrating such crimes. The Council recommended the establishment of training programs concerning sexual exploitation of children for personnel, including those working in the areas of justice, policing, tourism, transport, social work, health care, civil society, religious organizations, and education. Similarly, Ministers called for countries to facilitate legal protection, assistance, appropriate medical care, and rehabilitation and reintegration programs for child victims of sexual exploitation as well as efforts for the safe return of trafficked children. The OSCE, as an organization, was encouraged to pay increased attention to these issues, including the links to trafficking in persons, and to cooperate with other international organizations, NGOs and civil society in combating the sexual exploitation of children. The Brussels Ministerial decision on sexual exploitation of children originated, in large part, from a resolution sponsored by Commission Co-Chairman Rep. Christopher H. Smith and managed by Commissioner Rep. Joseph R. Pitts during the Annual Session of the OSCE Parliamentary Assembly convened in the Belgian capital in July 2006. That proposal, “Combating Trafficking and the Exploitation of Children in Pornography,” was overwhelmingly approved by parliamentarians from the participating States. A Helsinki Commission hearing, “Protecting Children: The Battle Against Child Pornography and Other Forms Of Sexual Exploitation” was held on September 27, 2006, to assess the magnitude of abuse against children. In opening remarks, Co-Chairman Smith explained, “The anti-trafficking efforts have convinced me that combating sexual exploitation of children in all of its forms requires even more comprehensive laws, as well as effective partnerships between local, state, and federal law enforcement, and the nongovernmental communities at all levels, and that includes international.” Smith noted strong indicators that those captivated by pornography are more likely to become predators and purveyors themselves, further feeding the cycle. As with other addictive behaviors, these individuals are often driven into more extreme acts of preying on younger victims or employing violence. He observed that organized crime, including gangs, also appears to be venturing further into the lucrative trade in children. As a result, global criminal networks are springing up, further complicating efforts to prosecute those responsible for these horrendous crimes against children. James E. Finch, assistant director of the Cyber Division of the FBI discussed the Bureau’s efforts to combat the sexual exploitation of children through the use of the Internet and promote closer cooperation with foreign law enforcement agencies. James Plitt, the unit chief of the Cyber Crimes Center of the Immigration and Customs Enforcement stressed “that the issue of child exploitation is enormous and multidimensional. Furthermore, any potential solution to this issue must be multidimensional….collectively, we need to understand the challenge we face, and we need to understand the trends, techniques and vulnerabilities of those engaged in international criminal business enterprises,” he concluded. On the question of limited resources, Plitt noted, “If we had triple the investigative resources, we would still have investigative leads untouched.” Finch underscored the challenges faced by law enforcement given the relative ease and limited expense involved in setting up exploitative web sites. Commissioner Mike McIntyre urged greater partnership between law enforcement and the public to identify perpetrators of these crimes as well as aggressive investigation and prosecution of them. Linda Smith, founder of Shared Hope International and a former Member of Congress, presented the findings of the U.S. Mid-term Review on the Commercial Sexual Exploitation of Children in America, identifying five key issues which stand out as the most immediate and urgent needs to protect America's children: confront the demand side of exploitation; aggressively pursue those responsible for the online trafficking in children; ensure sufficient services for victims, especially shelter; expand cooperation between law enforcement agencies at all levels; and further strengthen Federal law. She made an impassioned call to decriminalize the prostituted minor, “What we've found was that these kids, when identified, are called prostitutes, and they're quickly moved into detention when they're found, treated like a criminal, and then, when released, put in a foster care system where they bleed out. We do not have child prostitutes. We have prostituted children.” With respect to pornography, she decried the marketing to recruit boys as clients as well as the explosion of pornographic images of children creating demand for direct sexual violation of children. Carol Smolenski, executive director of ECPAT-USA discussed multilateral efforts to more effectively combat the sexual exploitation of children. She cited demand and prevention as major of common concern as well as the need to keep pace with rapidly changing technologies. Commissioner Pitts voiced particular concern that law enforcement have the tools necessary to adapt to technological challenges. Turning to the role of organized crime and gangs in exploitation, Smolenski observed, “you'd be hard-pressed to talk to a service provider who has not found gang involvement with child prostitution these days…yes, gangs are definitely a part of it and a growing part of it.” Dr. Mohamed Mattar, executive director of the Protection Project at Johns Hopkins School of Advanced International Studies, touched on several positive developments in the fight against the sexual exploitation of children: expansion of criminal liability; extension of territorial jurisdiction; and enhancement of child protection, including the abolition of a statute of limitations. He welcomed Senate ratification of the Council of Europe Convention on Cybercrime of 2001. Mattar made a series of recommendations to enhance implementation of relevant U.S. law. He urged funding to back up U.S. efforts to prevent sex tourism, while citing laws in Sweden, Switzerland, and The Netherlands as particularly problematic. Dr. Mattar called for funding to support research on victims of child exploitation; establishing programs to expand state law enforcement officials' capabilities in prosecuting demand and providing services for victims; shifting the focus of the United States toward penalizing the purchaser of sexual services; and mobilizing countries to enact Internet laws that protect children from commercial sexual exploitation. Ernie Allen, chairman and chief executive officer of the National Center for Missing and Exploited Children and the International Center for Missing and Exploited Children, focused largely on commercial child pornography, a multibillion-dollar industry, stressing that children are plentiful and easily accessed; child pornography is easy and inexpensive to produce; there is a huge consumer market for it, making it enormously profitable; and, finally, historically there's been virtually no risk, far less risk than trading in drugs or guns. Allen presented his candid conclusion, “Most people don't understand what this problem really is; there's a real misconception. But what we are finding and what law enforcement is finding is that the victims are getting younger and the content, the images, are becoming more graphic and more violent. From the data on the hundreds of offenders who have been identified to date, we can report to you that 39 percent of those offenders had images of children between the ages of 3 and 5. And, 19 percent had images of children younger than 3 years old. This is not what America thinks it is.” Few of the world's nearly 200 countries, he pointed out, have any kind of meaningful system or capacity to adequately and effectively combat the sexual exploitation of children, especially through child pornography. Allen discussed his organizations work in training law enforcement officials around the world in the investigation of computer-facilitated crimes against children as well as initiatives to enlist the support of ISPs and leaders in the technology and banking industries in dismantling networks responsible for exploitation of children. He echoed calls for additional resources to aid law enforcement, including in the field of forensics. In response to a suggestion from Co-Chairman Smith that the United States push for an international form of Megan's Law aimed at sex offenders, Allen replied, “I agree 100 percent. I think it's absolutely appropriate. It's a prime opportunity for American leadership and the leadership of other countries on this issue. It's unbelievably important. These offenders are mobile…offenders from other countries come here, where we have no knowledge about their history or prior record.”

  • Protecting Children: The Battle Against Child Pornography and Other Forms of Sexual Exploitation

    This hearing discussed the proliferation of child pornography and other crimes against children through trafficking, prostitution, and sex tourism. Annually, thousands of American children, at least half of which are boys, have been the victims of pornography and many subjected to violence in the process. Often, those guilty of such crimes have been parents, relatives, or acquaintances of these victims. Victims of pornography have been disproportionately affected by depression and suicide and such victims have committed these crimes themselves, perpetuating this cycle.  Global criminal networks that profit from this activity have developed.   In the 1990s, the Commission began efforts to fight child pornography, and in the second half of the 1990s the Trafficking Victims Protection Act was passed. This strengthened the case more comprehensive actions against child pornography and other forms of sexual exploitation.

  • Freedom of the Media Revisited at Vienna Meeting; Ethics Codes Discussed

    By Chadwick R. Gore, Staff Advisor The Supplementary Human Dimension Meeting on Freedom of the Media: Protection of Journalists and Access to Information was held July 13 and 14 in Vienna, Austria. The meeting was sponsored by OSCE Representative on Freedom of the Media Miklós Haraszti and supported by the Director of the OSCE Office for Democratic Institutions and Human Rights, Ambassador Christian Strohal. An estimated 82 delegates from participating States and 102 representatives of civil society participated. The attendees discussed concerns about government restrictions on access to government information, codes of conduct for media professionals, and threats to the safety of journalists. Haraszti and Strohal initially focused on current government-imposed restrictions on access to government information and the effect of such limits on the public. Specific concern was voiced about recent increases in the use of old laws to impose punitive damages on journalists who publish leaked information.  It is worth noting that for years government officials from participating States with such “dormant” speech laws have argued that concerns about provisions remaining on the books were unnecessary since these laws were never used. Now many of these laws are being applied, resulting in numerous cases of administrative harassment of the media in numerous participating States in violation of OSCE commitments. Citing violations of commitments guaranteeing the freedoms of access to information, assembly and association, as well as onerous NGO registration requirements that impair democracy and security, Haraszti cited Belarusian customs officials taking one month to clear a carload of OSCE publications for entry into Belarus. In her keynote, Agnes Callamard, Executive Director of Article XIX, contrasted the two main justifications for restricting access to information usually given by States: national security concerns and blocking hate speech. She argued “restriction of freedom of expression or access to information in the name of national security is an extremely short-sighted view—in fact, denial of information is far more likely to result in social tensions and conflicts.”  In short, she dismissed legitimate national security needs, going so far as to advocate that anyone who disclosed classified information should benefit from a public interest defense even if disclosure of the information would cause harm. Callamard then went on to discuss hate speech, reflecting on the environment surrounding the Danish cartoon controversy. She argued that these concerns reflected “insecurity” across and between societies, describing the background to the cartoon events as one of global insecurity: terrorism and the war on terror, the war in Iraq, the Israel-Palestine conflict, and images of Western soldiers on Iraqi soil, Israeli tanks in Palestinian cities, escalation of intolerance and discrimination, etc. Some attendees were amazed at her failure to recognize the attacks of 9/11, terrorist beheadings on TV, the bombings in Madrid, London and Bali, the kidnapping of Israeli soldiers, and more.  Her presentation was a thinly-veiled anti-United States, anti-Israel commentary. Turning to hate speech more broadly, Callamard argued that hate speech regulations constitute a legitimate and potentially necessary restriction to freedom of expression. Yet, she said, the appropriate answer to hate speech is not more speech, but also policies and action which “tackles the causes of inequality in all its forms.”  She recommended that an effective government response to such expression that “vilifies” others requires a sustained commitment on the part of governments to promote equality of opportunity, to protect and promote linguistic, ethnic, cultural and religious rights, and to implement public education programs about tolerance and pluralism. Many were struck by her conclusion that proscribing speech for national security concerns is not justifiable, while regulation of so-called hate speech is both justifiable and necessary for massive social engineering. While discussing access to government information, the discussion turned to the right of the media to protect news sources. Speakers noted that, while nearly all participating States have such laws, they vary as to the type and extent of protection accorded to journalists. While most agreed that laws providing for strong protection of sources are necessary to ensure freedom of information, many thought journalists should not be allowed to publish whatever they want; they remain liable, legally and ethically, for what they write.  Regarding access to information, the application of laws restricting access to information has proven to be very controversial. Predictably most States praised their own systems. Notably, Russia reflected a very positive review of the situation of the media and journalists in Russia, and offered Russia's “civilized development of the market” as a model for others. This was rather odd given the decline of independent media and the expansion of government control in the Russian Federation. A highlight of the meeting was a session dedicated to the “cartoon crisis.”  Jehad Momani, former Editor-in-Chief of the Jordanian newspaper Shihan, argued the cartoons were “used in several ways in different countries to gain political points” without regard for the possible consequences as he believed publication of the cartoons was a violation of the freedom of expression and an attack on others’ rights.  He argued that others stand up “against any offensive expression in writ[ing] or in [pictures] or in any way against any religion or faith.” For this reason, Momani sharply criticized the terrorists who tortured and killed a journalist from Al Arabia TV, saying that the murder “offended us as human beings more than any illustrations or statements.” Momani’s view was supported by Ambassador Orhun, the Chair-in-Office’s Personal Representative on Discrimination against Muslims. Orhun saw the cartoons as part of a larger problem of “overly selective, one-sided, simplistic and clichéd” reporting on Muslims in the West. He emphasized the need for increased restrictions to freedom of expression, stressing that you cannot have freedom without responsibility.  These restrictions should, however, be self-imposed by the media itself: “self-regulatory ethical systems should be established, or if they exist, should be strengthened.” This view was not shared by the U.S. Delegation and others. However, most other speakers pointed to the impossibility of legislating tolerance. Patrick Chappatte, cartoonist for the International Herald Tribune, observed that, to the contrary, there is no responsibility without freedom. He argued we must first ensure freedom of the press while encouraging responsible use of that freedom. As to voluntary professional standards, Johann Fritz, Director of the International Press Institute, noted that there have been numerous initiatives over the past 50 years by international, governmental and media organizations to regulate press ethics, all of which were unworkable in practice. This is why many media outlets have chosen to elaborate regional or sectoral professional standards.  However, he cautioned that self-regulation must be decided upon by the media itself.  In several countries around the world, media councils are veiled legal bodies limiting the freedom of the press in a way which the state cannot do or does not want to do. Ali Dilem, cartoonist for the Algerian daily Liberté, presented a lengthy animated program that showed what can be published and is controlled.  He also demonstrated a few instances where he voluntarily withheld publication of cartoons which he felt would cause either political unrest or offend the public. This was much more than a set speech and such presentations will hopefully be more frequent in the future. The application of administrative measures such as excessive licensing or registration procedures to control the press was discussed at length. Ioana Avadani, Executive Director of the Centre for Independent Journalism in Bucharest, pointed out that while most countries have adequate media legislation, implementation is lagging or is often applied in a discriminatory manner. She cited the case of Turkey, which uses a law which forbids “insulting the Turkish identity” to silence certain opinions.  Azer Hasret, Director of the Central Asian and Southern Caucasian Freedom of Expression Network, made a presentation on violations of freedom of the media, including administrative measures and physical repression, in the countries covered by his network. There was a lively exchange between a representative of the Kazakh newspaper Respublika and an official from the Kazakh Ministry of Culture and Information.  The individual from Respublika painted a bleak picture of the media situation in Kazakhstan, asserting serious and sustained administrative harassment; the official denied the accusations, claiming that the new media law does not impinge on media freedom in any way. Belgian Ambassador de Crombrugghe commented that media form an important link between civil society and government; therefore it is even more important that they act responsibly.  In the view of the Belgian Chairmanship, voluntary professional standards can promote increased professionalism, accuracy and adherence to ethical standards among journalists, without in any way endangering the freedom of expression and opinion. De Crombrugghe also highlighted the importance of media development initiatives and noted that the Belgians will begin consultations on possible OSCE initiatives in this area.   During the closing session, the United States delegation forewarned the participating States about the potential loss of liberty when rushing to regulate speech in an environment of trying not to offend others, such as the period immediately following the publication of the Danish cartoons.  It was emphasized that such lost liberties are difficult to regain.

  • Commission Commemorates Anniversary of ODIHR with Wide-Ranging Hearing

    By Chadwick R. Gore, Staff Advisor U.S. Helsinki Commission Chairman Senator Sam Brownback convened a hearing focused on the Office for Democratic Institutions and Human Rights (ODIHR) and its promotion of democracy and human rights in the OSCE region over the past 15 years, work that has come under pressure, in part, from those seeking to divert attention away from their own poor records of implementation. The hearing “Advancing the Human Dimension in the OSCE: The Role of the Office for Democratic Institutions and Human Rights” was held on May 17, 2006. In his opening statement, Chairman Brownback highlighted the international role of ODIHR and its importance in sponsoring democratic institutions and monitoring the conduct of elections and assessing their freeness and fairness. He remarked that ODIHR’s work encompasses a wide range of human rights activities aimed at closing the gap between the commitments of the participating States on paper and their reality in practice. Chairman Brownback noted, however, that the Warsaw-based ODIHR faces serious challenges, especially from the Russian Federation, Belarus, and a small minority of the OSCE participating States that neither desire democratic reform nor recognize the universality of human rights. On behalf of the U.S. Department of State, Kurt Volker, Principal Deputy Assistant Secretary for the Bureau of European and Eurasian Affairs, voiced strong support for ODIHR. He particularly highlighted its leadership as the flagship of the OSCE’s democracy-promotion efforts. Volker emphasized ODIHR’s success in promoting democracy, defending human rights, and building civil society, and stressed the State Department’s support for the current regional and international programs undertaken by ODIHR. Mr. Volker summed up the criticisms of ODIHR election monitoring as focused on two main aspects: alleged undue pressure on states of the former Soviet Union and alleged lack of transparency in election observation procedures. Describing ODIHR’s election monitoring as the “gold standard,” Volker rejected these assertions and affirmed that ODIHR is doing “a first-class job in election monitoring and all of the areas of democracy promotion that it takes part in.” He opined that ODIHR has been instrumental in advancing democracy in Russia. ODIHR’s mandate to monitor elections is set forth in the 1990 Copenhagen document and subsequent documents. Accordingly ODIHR Director Ambassador Christian Strohal focused much of his testimony on elections and discussed the many challenges faced by ODIHR as various OSCE States endeavor to prevent free and fair elections by limiting competition and marginalizing voters. He stated that this is accomplished through, “…refusal of registration or deregistration; issues of state administrative resources; pressure on groups of the electorate to vote in a specific manner; media bias; electoral administrations with insufficiently inclusive composition; no clear voter registration guidelines; no clear complaints and appeal procedures; and most importantly of all, no sufficient political will to rectify identified shortcomings.” To confront these challenges, Ambassador Strohal emphasized the need for greater political commitment by all OSCE States, highlighting the necessity of accountability, transparency, and public confidence combined with strong leadership by example as demonstrated by the United States in its election transparency. Carl Gershman, President of the National Endowment for Democracy, focused his remarks on what he described as a backlash against democracy development in various OSCE nations. He identified the problem as stemming from governments attempting to further consolidate power by weakening civic participation and democratic institutions, as evidenced in Russia with the recent passage of a strict NGO law. Yet, Gershman pointed out, the people of Russia are not losing hope and are indeed gaining some international support. Gershman conveyed the hope of indigenous NGOs that the international community would offer a “long-term coherent policy of support” to civil society. A former Assistant Secretary of State for Democracy, Human Rights and Labor, as well as a former Helsinki Commissioner, affirmed at the hearing the critical role of the OSCE and ODIHR to advance democracy in the region. Lorne Craner, President of the International Republican Institute, focused on ODIHR’s unique multilateral structure and superior work on human rights and democracy, as well as its contributions to the recent global democratic movement. He noted with concern, however, that while democratic advances have occurred throughout the OSCE they are currently under attack by Russia and a few other countries. That the attacks focus on election standards, democratic development and the ODIHR make them “particularly insidious and particularly important.” According to Patrick Merloe, Senior Associate and Director of the Programs on Election Processes at the National Democratic Institute, several OSCE States are specifically critical of the election monitoring process, in an effort to deflect attention from their own electoral shortcomings. Merloe recommended five obligations that the OSCE should address in order to increase the effectiveness of the ODIHR: universal and equal suffrage, accountability, transparency, public confidence, and follow up to election-related recommendations. Jeff Fischer, Senior Director of the Center for Transitional and Post-Conflict Governance at IFES, stressed the historical significance of the OSCE’s election supervision practice in Bosnia-Herzegovina and Kosovo and the lessons learned from those experiences. Two lessons exemplified from these OCSE administrative practices were the necessity for a flexible election timeline and a separate organizational election monitoring mission. Chairman Brownback voiced particular concern about Russia’s ongoing challenges to democratic institutions and civic organizations. Gershman identified Georgia’s Rose Revolution and the Orange Revolution in Ukraine as the origin of the current Russian mindset committed to preventing similar democratic movements from arising in other countries of the former Soviet Union. Nevertheless, Gershman suggested that the Putin administration could not transform Russia into a Soviet-like dictatorship, citing the rapid growth of Russian human rights NGOs. He cited statistics showing that the number has grown from just two dozen in the mid-1990s to over 3,000 in 2003. Gershman stressed that the function of ODIHR and similar institutions is not regime change, but to support indigenous democratic groups, to strengthen democratic processes and to strengthen the protection of human rights. Craner agreed with Gershman’s assessment that Russia was not capable of completely reversing its democratic development, stating, “You cannot turn the clock back all the way. You can try and turn it back some of the way, but people, once they get a taste of these things, as we have seen in many countries for the last 30 years, want more.”

  • Statement on Religious Freedom in Central Asia at the OSCE Parliamentary Assembly

    Central Asia remains a region with one of the worst record on religious freedom, and Uzbekistan and Turkmenistan are the two most repressive regimes in the entire OSCE region. I therefore want to thank Christian Solidarity Worldwide and the Open Society Institute for holding this event to shine a light on these two countries. I also want to say it’s a pleasure to be here today with Kimmo Kiljunen, my colleague from the Finish delegation. The U.S. Helsinki Commission, of which I am a part, has actively engaged all five “Stans,” and especially these two. With Uzbekistan, despite accepting OSCE commitments to the contrary, the Karimov regime continues its policies of prohibiting unregistered religious activities, jailing thousands of Muslims, and prohibiting the ability of individuals to share their beliefs. Since the Andijon killings last May, the regime has clamped down even harder on all freedoms, but especially religious liberties. Reports indicate that twelve churches have since been stripped of registration, thus making any religious activity “illegal” and subject to significant penalties. There is even concern that a pastor in Andijon may be sentenced to up to 10-20 years in jail for his church work, forcing him to flee the country. The suppression of independent Muslim activity continues unabated, with Forum 18 now reporting that authorities are attempting to stop Muslim schoolchildren from attending mosques. The United States has always recognized that Uzbekistan faces real threats from extremists operating behind the guise of religion and our efforts to urge moderation should never be construed as supporting their ideology or activities. While the tragic events in Andijon were not specifically related to religious freedoms, the spark that ignited the protests was the over zealous prosecution of an Islamic sect. I will therefore continue to urge Uzbekistan to bring its policies into conformity with its OSCE commitments on religious liberties and allow the free practice of religion for all. However, due to the deteriorating conditions for religious freedom, I also believe that sanctions under the International Religious Freedom Act, passed by the Congress in 1998, should also be considered by the State Department. In neighboring Turkmenistan, the Niyazov regime continues to limit the abilities of its citizens to fully enjoy their religious liberties. The recent arrest of local human rights defenders and their relatives on the eve of a European Parliament delegation visit graphically demonstrates the repressive and paranoid nature of the Niyazov regime. Despite some modifications in their laws regulating religious practice, Turkmenistan continues to prohibit unregistered religious activities and to harass both registered and unregistered communities. Independent Muslim and evangelical groups, the Russian Orthodox Church and the Catholic Church all continue to experience problems in obtaining registration and operating freely. The former grand mufti also remains jailed. I will continue to raise with Turkmen officials the need to end the ban on unregistered religious activity, to register all groups so desiring, and to end the harassment of all communities. Although there have been some modest reforms in the past, if Turkmenistan doesn’t restart the reform process, I also believe that sanctions under the International Religious Freedom Act may be warranted. Although this event focuses on religious freedom in Uzbekistan and Turkmenistan, I do want to comment on a current development in Kazakhstan regarding media freedoms. Kazakhstan does have a better record on religious freedom than these two other countries. However, I was very disappointed that President Nazarbaev signed into law yesterday a very problematic bill that could severely limit freedom of expression. Some of the troubling aspects of the new law include that it reportedly doubles the number of grounds on which authorities may deny a media outlet registration; creates unduly restrictive registration procedures for new media outlets and re-registration procedures for existing media companies; and provides authorities with further opportunities to censor critical media. Considering the criticism the bill received from international and domestic media groups, and considering that Kazakhstan wishes to chair the OSCE in 2009, I am distressed that the President would sign this flawed law into force. I therefore urge the Government of Kazakhstan to revise the new law to ensure that OSCE norms on media freedom are fully respected. In closing, I want to thank CSW and OSI for convening this event and I look forward to working with you all in the future. By working together, we can hopefully motivate Uzbekistan and Turkmenistan to moderate their oppressive policies towards religious freedom.

  • Kazakhstan's Candidacy for OSCE Chairmanship

    Mr. Speaker, next week, Kassymzhomart Tokaev, the Foreign Minister of Kazakhstan, will be visiting Washington. Given Kazakhstan's growing strategic and economic significance, his agenda with U.S. Government officials and Congress is likely to be broad-ranging. But a key focus of Minister Tokaev's discussions will certainly be Kazakhstan's bid to serve in 2009 as Chair-in-Office of the 56-nation Organization for Security and Cooperation in Europe. Kazakhstan has been avidly pursuing this prestigious leadership post since 2003. The consensus decision must be made by this fall, in time for the December OSCE Ministerial Meeting. While I support the idea of Central Asian leadership of the OSCE, my purpose today is to point out the very serious problems with Kazakhstan's candidacy. As many of my colleagues on the Helsinki Commission have concluded, awarding Kazakhstan the political leadership of OSCE in 2009 would be unwarranted and potentially dangerous for the Organization. President Nursultan Nazarbaev, in his opening statement at a recent OSCE meeting in Almaty, even admitted: "We do not...have established democratic principles." Therefore, allowing Kazakhstan to assume the chairmanship by default is not acceptable. Kazakhstan's chairmanship bid must be deferred until the country substantially implements its OSCE commitments, especially those on human rights and democratization. Defenders of Kazakhstan's candidacy have pointed to the country's economic reforms and relative freedom, compared to the rest of Central Asia. I concur that Kazakhstan is far ahead of the police states of Turkmenistan or Uzbekistan. But that is no great achievement. Surpassing the worst of the worst does not confer an automatic right to hold the chairmanship of the OSCE which is dedicated to upholding human rights and promoting democracy. It has long been the State Department's position "that any Chair of the OSCE must be in substantial compliance with all OSCE commitments." Over several years now, high-level U.S. Government officials have provided Nazarbaev and other Kazakh officials clear, concrete indicators of the progress necessary before serious consideration could be given to U.S. support for Kazakhstan's Chair-in-Office bid. Yet long-promised political reforms in Kazakhstan have not materialized and the human rights climate remains poor, as documented in the State Department's annual reports. Kazakhstan's oil riches, strategic location and cooperation with the United States in antiterrorism programs cannot conceal the fact that the country remains an authoritarian state. President Nazarbaev has manipulated constitutional referendums and falsified elections to stay in power, while his relatives and friends have gained monopoly positions in the most profitable sectors of the economy. Independent and opposition media have been consistently harassed and pressured, and opposition politicians have been excluded from elections, or worse. Such was the state of affairs before last December's presidential election, which was widely seen as a "make-or-break" moment for Kazakhstan. Unfortunately, the government failed to uphold its international commitments before, during and following the election. Despite repeated pledges from Nazarbaev to hold a free and fair contest, the OSCE observation mission stated the election "did not meet a number of OSCE commitments" due to "restrictions on campaigning, harassment of campaign staff and persistent and numerous cases of intimidation by the authorities" which "limited the possibility for a meaningful competition." The election was a serious blow to Kazakhstan's chances to chair the OSCE. The recent establishment of the State Commission on the Development and Realization of the Programme of Political Reforms comes after the major elections, too late to have any definitive liberalizing effects. In addition, a string of events has accentuated the disturbing gap between OSCE commitments and Kazakhstan's implementation. Last November, opposition politician and former Mayor of Almaty Zamanbek Nurkadilov was found dead in his home. According to Kazakh authorities, he shot himself three times, twice in the chest and once in the head. The official version of his death is, kindly put, implausible in the extreme. In February, opposition politician Altynbek Sarsenbaev, along with his driver and unarmed bodyguard, was shot in an apple orchard outside Almaty. The official investigation has placed the blame for this brazen crime on Erzhan Utembaev, head of the administration of the Senate, who allegedly engaged the services of some security officers. It is fair to say that this explanation for Sarsenbaev's death has failed to satisfy many observers. What is indisputable, however, is that anyone involved in opposition politics in Kazakhstan risks, in the worst case scenario, not merely electoral defeat but murder. Furthermore, Kazakh officials have backed Russian plans to eviscerate the OSCE's Office for Democratic Institutions and Human Rights, which, among other important democracy promoting activities, undertakes the OSCE's election observation missions. This would pose a grave threat to the OSCE as an institution and as the most credible election monitoring organization in the world. Recent statements and actions by local Kazakh authorities against a Hare Krishna community outside of Almaty and actions to penalize minority religious communities for unregistered religious practice run counter to OSCE norms and Kazakhstan's stated commitment to inter-religious tolerance. On March 20, President Nazarbaev praised Uzbek President Islam Karimov's handling of unrest in Andijon in May 2005. Praise for the Andijon massacre that left hundreds dead in Uzbekistan, and which moved the OSCE, the U.S. Government and international organizations to call for an independent, impartial investigation, are hardly the "reforms" one expects of a country that hopes to chair the OSCE. The forced repatriation of Uzbek refugees to Uzbekistan was equally alarming. Just today, Kazakhstan's upper house passed a highly restrictive media law that has been criticized by the OSCE's Representative on the Media and the U.S. Ambassador to Kazakhstan. It is hoped that President Nazarbaev will not sign this problematic bill into law. Mr. Speaker, in light of these circumstances, Kazakhstan's bid to chair the OSCE in 2009 cannot be supported. I strongly believe that backing Kazakhstan's candidacy would cause more difficulties than will result from Astana's disappointment over not winning this prize. None of this means that we should not strive to develop the best possible relations with Kazakhstan, on a mutually beneficial basis. There are many areas of current and potential cooperation between our countries, including Kazakhstan's entry into the WTO, energy, military security and anti-terrorism. Nor does my inability to support Kazakhstan's candidacy for the OSCE Chairmanship in 2009 mean that I do not hope to be able to back a future bid. Nothing would please me more than to report to this Chamber that Kazakhstan has met its commitments on democratization and human rights and richly deserves to lead the OSCE. A Kazakh chairmanship would also move the Organization eastward in the symbolic sense, bridging what has become an uncomfortable gap between the former Soviet republics and Europe. But that moment has not yet come, Mr. Speaker. I would encourage the Kazakh leaders to avail themselves of the opportunity of additional time to constructively engage the OSCE. Working to ensure that the Organization succeeds would aid Kazakhstan's bid for a future chairmanship, while expressing sour grapes over a denial can only add to the impression that Kazakhstan is not ready for a leadership role. The OSCE Chairmanship represents acknowledgement of progress already made, not a stimulus to future, unproven progress. Urging the Kazakhs to defer their bid would leave the door open for Astana, should demonstrable reforms on human rights and democratization be forthcoming. That progress was promised by President Nazarbaev, when he signed the Helsinki Accords as his country joined the OSCE in 1992.

  • Belgium’s Chairmanship of the OSCE

    The Belgian Government assumed Chairmanship of the OSCE in January 2006.  The first half of 2006 saw a number of developments within, and adjacent to, the OSCE region that formed the focus of the hearing.  Among the issues addressed were developments in Central Asia and neighboring Afghanistan, the emergence of the Shanghai Cooperation Organization, the political situation in the Caucasus, and human rights trends in the Russian Federation.  Commissioners also focused on OSCE democracy-promotion work, with a special emphasis on election monitoring, programs to combat anti-Semitism and other forms of intolerance, and initiatives aimed at promoting greater international cooperation to curtail human trafficking and child pornography.

  • From Promises to Practice: Implementation of National Policies on Roma, Sinti and Travellers

    By Erika Schlager, Counsel for International Law A recent conference on Romani issues provided a positive benchmark on how far the international community has come in addressing discrimination toward Europe’s largest ethnic minority group.  The meeting also served to highlight how much more national governments have to do to address the needs of Roma in their countries.  On May 4 and 5, 2006, the Government of Romania, along with several inter-governmental and non-governmental partners, hosted an “International Conference on the Implementation and Harmonization of National Policies for Roma, Sinti, and Travellers:  Guidelines for a Common Vision.”  The two-day meeting, conducted in Romani, Romanian, and English, was well attended and focused on housing, employment, community policing, and the status of Roma in Kosovo. Although one opening speaker joked that the magnitude of logos on display for the numerous hosts reminded him of medieval European heraldic insignia, the meeting demonstrated that at least in one area – Romani issues – two major players in this field, the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe, are able to put aside institutional rivalries in favor of cooperation.  The conference hosts included the Austrian Presidency of the Council of the European Union, the Council of Europe, the European Commission, the European Union Monitoring Center, the European Roma and Travellers Forum, the OSCE, the Project on Ethnic Relations, and the Romanian Government in its capacity as Chair of the Council of Europe and as President of the Decade of Roma Inclusion.  The Bucharest conference was convened to follow up on a similar meeting held in October 2005 in Warsaw. The title of the meeting underscored one of the key goals of Romani activists: turning promises into practice.  For national governments, this means developing both the legal framework as well as the political will necessary for the full implementation of national policies and practices that meet the needs of their Romani minorities.   Currently eight countries – Bulgaria, Croatia, the Czech Republic, Hungary, Macedonia, Romania, Serbia and Montenegro, and Slovakia – participate in the “Decade of Roma Inclusion.”  The Decade is a multilateral initiative, supported by the Open Society Institute (OSI) and the World Bank, designed to establish measurable national goals for improving the situation of Roma in four priority areas:  education, employment, health, and housing.  In the context of this initiative, all of the countries involved have adopted national action plans as a basis for addressing these specific areas during the period 2005-2015. Romani leaders look to opportunities like the Bucharest conference to push for improved implementation of the action plans.  Nicolae Gheorghe, a veteran of the Romani civil rights movement who will soon conclude his tenure as the OSCE Senior Advisor remarked that, 16 years ago, he thought the impetus for change would come from international organizations.  Today, he suggested, change must be implemented by national governments. The focus of the conference was by no means exclusively on the eight Decade countries.  While these eight countries collectively are home to roughly half of Europe’s Romani population, the addition of Central Europe’s large Romani minority into an expanded European Union has also served to heighten the attention given to Romani issues in Western Europe.  This heightened awareness was reflected in the inclusion of speakers from countries such as Finland, Spain, Sweden, and the United Kingdom.  Indeed, one Council of Europe speaker drew pointed attention to problems “in some of the oldest members of the European Union.” The situation of Roma in Kosovo as well as Kosovo Romani refugees and internally displaced person was addressed in a plenary session that underscored the widespread concern over the precarious situation of that particular Romani community.  The plight of Kosovo Roma remains a top priority for Romani activists across the region.  Some speakers argued that Romani representatives should be included in the ongoing status talks on Kosovo. The conference also addressed the issues of housing, employment, and police relations as they relate to the Romani communities.  A Council of Europe official suggested that, in the aftermath of Romania’s recent floods, the Romanian Government should take advantage of the opportunities presented in the post-emergency context to regularize the legal status of Romani housing in flood-affected areas.  A Hungarian Romani police officer noted that the inspiration for his transnational Romani Police Officers Association came from a meeting in New York with representatives of the National Black Police Officers Association. Changes Bring New Challenges As a benchmark for progress, the conference clearly showed how far the international community has come in addressing Roma issues.  In 1994, the OSCE held its first seminar on Romani human rights issues.  At that meeting, two interventions illustrated clearly the chasm that separated governments from the experiences and perspectives of their most vulnerable citizens.  On one side stood Florina Zoltan, who described the brutal pogrom in Hadareni, Romania, that one year earlier had left her a young widow.  On the other side, an Italian Government official welcomed the opportunity to attend a meeting where one could finally talk about that pesky “Gypsy crime problem.”  There was little room for dialogue, let alone mutual cooperation. Twelve years later, the landscape has changed dramatically.  Many government delegations to the Bucharest conference included Romani officials, and the improvements made in protecting the basic human rights of Roma now leaves enough political space for the discussion of other factors which contribute to the marginalization of Europe’s largest minority.  (At the same time, this development prompted one Romani NGO to lament the virtual decapitation of the Romani civil rights movement:  as more Roma move into government and inter-governmental positions, there are fewer independent Romani voices to hold those authorities accountable.) As the number of international meetings on Romani issues has increased in recent years, organizers of such meetings face considerable challenges in meeting the ever higher expectations for them, and governments, non-governmental actors, and international organizations must work hard to avoid duplication and create a sense of forward motion and real change.  And, as suggested in concluding remarks by a Council of Europe representative, such conferences must figure out how to reach out to local governments, national parliaments and, above all, the majority populations which are the source of the discrimination Roma face.

  • Advancing the Human Dimension in the OSCE: The Role of the Office for Democratic Institutions and Human Rights

    This hearing, led by the Helsinki Chairman the Hon. the Hon. Sam Brownback, Co-Chairman the Hon. Christopher H. Smith Office, and ranking member the Hon. Alcee L. Hastings, examined the role that Democratic Institutions and Human Rights (ODIHR) has played over the last fifteen years. ODIHR’s role in advancing human rights and the development of democracy in the OSCE participating States was noted and agreed to be particularly important. ODIHR is engaged throughout Western Europe and the former Soviet Union in the fields of democratic development, human rights, tolerance and non-discrimination, and promotion of the rule of law and has set the international standard for election observation. Within the hearing, the challenges that ODIHR faces were examined, specifically those instigated by the Russian Federation, Belarus and a small minority of the OSCE participating states seeking to undermine the organization under the guise of reform.  ODIHR has earned an international reputation for its leadership, professionalism, and excellence in the area of election observation.  That being said, ODIHR’s mission is much broader, encompassing a wide range of human rights activities aimed at closing the gap between commitments on paper and the reality on the ground in signatory countries.    

  • From the Maidan to Main Street: Ukraine's Landmark Democratic Parliamentary Elections

    By Commission Staff While pundits attempt to sort out the political meaning of Ukraine’s March 26th parliamentary elections to fill the 450-seat Verkhovna Rada, the significance of the conduct of the elections should not be missed.  “Free and fair” was the resounding assessment of the OSCE-led International Election Observation Mission (IEOM) that also included observers from the OSCE Parliamentary Assembly, the Parliamentary Assembly of the Council of Europe, the European Parliament, the NATO Parliamentary Assembly, and the OSCE Office of Democratic Elections and Human Rights (ODIHR).  This unqualified positive appraisal – a first among the 12 former Soviet republics outside the Baltics that have conducted scores of elections since the 1991 breakup of the Soviet Union – underscores the consolidation of democratic gains made in Ukraine’s 2004 Orange Revolution following years of political stagnation. These clean March 26th elections stood in stark contrast to the fatally flawed first rounds of the Ukrainian presidential elections that ushered in popular revolt sixteen months earlier.  Coming on the heels of the blatantly undemocratic presidential “elections” in neighboring Belarus a week earlier, comparisons were inevitable.  The Rada elections also followed a series of recent electoral contests elsewhere in the former Soviet Union, including in Azerbaijan and Kazakhstan, which to varying degrees fell short of international standards.  The OSCE assessment in Ukraine returns the “free and fair” formulation to the lexicon of international election observations, departing from the heavily nuanced appraisals that have become common in recent years.  This development has potentially significant implications for future OSCE observations, especially with parliamentary and presidential elections expected in Russia in 2007 and 2008 respectively. Helsinki Commissioner Rep. Alcee L. Hastings, current President of the OSCE Parliamentary Assembly, was appointed by the OSCE Chair-in-Office to serve as Special Coordinator for short-term observers.  Commission staff observed on Election Day, as part of the IEOM deployment of 914 observers coming from 45 OSCE countries including Russia.  In all, the group examined voting and the vote count in nearly 3,000 polling stations.  The Commission contingent observed balloting throughout the Kiev and Cherkasy regions. The Ukrainian Government declined to invite observers from the Commonwealth of Independent States (CIS), an entity discredited in the eyes of many for its effusive praise of fundamentally flawed elections elsewhere in the former Soviet Union, including Belarus’ undemocratic March 19 presidential contest.  The CIS stood out for its sharply critical evaluation of Ukraine’s December 26, 2004 presidential elections that resulted in Victor Yushchenko’s victory in elections widely considered to have met democratic standards.  Ukraine has refused to participate further in CIS monitoring missions.  The two dozen Russian Duma observers present offered tempered, mixed opinions about the conduct of Rada elections.   Whatever shortcomings there were in these elections – and no undertaking of this scale is perfect – they appear to have resulted from late or otherwise poor planning.  Among these were delays in the formation of some district and precinct election commissions, the absence of a functioning Constitutional Court, long lines and crowding at some polling stations, and lingering inaccuracies in voter lists.  On the positive side of the balance sheet were the significantly freer media and decidedly more balanced media coverage; no systematic use of administrative resources; the transparent, consensual and professional administration of the elections at all levels; inclusion of domestic, non-partisan observers; and an overhaul of voter lists.        Election day began early with polling stations opening at 7:00 a.m.  There were over 34,000 polling stations.  Adding to the vibrancy of the elections was the large number of domestic observers, an indication of buy-in on the part of Ukrainians young and old alike with many affiliated with particular parties or candidates and others representing NGOs.  Upon entering the polling stations, one was struck by walls plastered with informational bulletins on candidates and parties.  Forty-five parties and blocs vied for seats in parliament.  While the international community was mainly focused on the parliamentary balloting, voting was also underway for regional and local government.  Voters were thus presented with four lengthy ballots: national and regional as well as local councils and mayoral races.  While some older voters were befuddled by this collection of papers, most voters seemed to take it in stride.  Election commission poll workers seemed attentive to their duties.  This was put to the test in the complicated tabulation process that began, once polling stations closed at 10:00 p.m., typically involving the sorting and counting of thousands of papers.  Processing the Rada results alone went into the wee hours of morning, with the three remaining stacks of ballots from other contests proceeding well past daybreak. The undeniable success of the domestic observation in these elections, buttressed by years of investment in training and support by the United States and others, raises obvious questions about the need for future international observations in Ukraine.  Has the time come to “graduate” Ukraine from such scrutiny and leave that necessary task to Ukrainian stakeholders themselves?  Many believe the March 26th elections confirm that that time has come, especially if Ukraine continues on its increasingly democratic trajectory.  The greater and more prominent role of domestic observers, also reinforces the notion that the time for Ukraine’s “graduation” has come.  Indeed, the OSCE should continue to encourage domestic stakeholders to prove themselves to their own people. The Maidan, Kiev’s Independence Square that featured so prominently in the massive demonstrations by orange-clad protesters in November 2004 and the jubilant crowds following Yushchenko’s victory a few weeks later, was calm on the Monday following the Rada elections.  Strolling past this bustling area, Ukrainians were going about their routines, perhaps an indicator that the politics of democracy has moved from the Maidan to the Main Streets of cities and towns throughout the country. Whatever the pundits may declaim regarding the election results or the continuing strength of the Orange Revolution, what seemed palpable was a keen appreciation for the business of governing.  Neither a democratic revolution nor a single “free and fair” election are guarantees that the resulting government will be in a position to immediately deal with the basic needs of its people.  Overcoming these obstacles will have a profound impact on how the next government meets the political and economic challenges Ukraine faces at home and abroad.                   What we can say with confidence is that the March 26th elections were a further essential step in the process of overcoming the legacy of the past – a history marred by foreign domination, genocidal famine, denial of political and cultural freedom, and more recently political stagnation.  Today, the people of Ukraine are removing the overgrowth of thorns – an image alluded to by the great poet Taras Shevchenko – that prevented them for so long from pursuing their own pathway to a brighter and more prosperous future.

  • Debate on "Present World Crisis Regarding Freedom of Expression and Respect for Religious Beliefs"

    In the First Amendment of the Constitution of the United States, the people’s right to freedom of speech, including freedom of the press, and the people’s right to peacefully assemble to protest both, are guaranteed. As political leaders, we have a special responsibility—words have consequences.  When words can lead to anti-Muslim or anti-Semitic or anti-Christian actions—we have a responsibility to speak out against such expression.   The recent political cartoons published in the European press which mock the Prophet Mohammed and equate Islam and practicing Muslims with terrorism are not only offensive but also irresponsible because they foster anti-Muslim sentiment. We should protect the right of the press, but we should condemn such expressions as wrong.   If we do not act, we risk leaving a terrible legacy to our children.    Such a legacy would condone hate speech and racial and religious incitement.  Such a legacy would lead to more tragic and unjustifiable violence, more discrimination against Muslims and more attempts by government to improperly control the media.   We should act effectively and peacefully.    Dr. Martin Luther King, Jr., the most profound civil rights leader in the United States in the 20th Century, cautioned all of us that the legacy of hate and violence must not be hate and violence.  The violent response to the cartoons must be condemned, but our response to the cartoons must be decisive.   The OSCE has acted against anti-Semitism, racism, xenophobia and all forms of religious discrimination.  We have an action plan reinforced by ODIHR and our special representatives.   We need to reinforce our efforts to educate respect and understanding among all religions.  We need to strengthen training on the right and responsibility of a free media.  We need to promote specific and appropriate activities in each of our States to facilitate these goals.    As leaders, let our legacy be for each of our States—freedom of the press and greater understanding and respect for religious diversity.

  • Democracy Denied

    By Ronald J. McNamara, International Policy Director In 1992, Azerbaijan joined the Helsinki Process, unconditionally accepting all OSCE provisions back to the Helsinki Final Act, including the commitment “to build, consolidate and strengthen democracy as the only system of government of our nations.”  Consequently, the November 6, 2005 elections for the 125 single-member constituency seats in the parliament (Milli Majlis) – the first held under President Ilham Aliyev – provided an important opportunity for the Azerbaijani leadership to demonstrate its commitment to bringing the country’s election practices into closer conformity with OSCE standards.  Azerbaijani authorities, most prominently the President, had repeatedly proclaimed their intention to hold an election that would meet those norms.  The November 2005 elections were the fifth to be observed by the OSCE, following parliamentary contests in 1995 and 2000, and presidential elections in 1998 and 2003.  According to OSCE monitors, all of these elections have fallen short of international standards.  On election day, Ronald J. McNamara of the U.S. Helsinki Commission staff participated as one of 617 short-term observers deployed as part of the International Election Observation Mission (IEOM), a joint undertaking of the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR), the OSCE Parliamentary Assembly (OSCE PA), the Parliamentary Assembly of the Council of Europe (PACE), the European Parliament (EP) and the NATO Parliamentary Assembly (NATO PA).  The IEOM also included 30 long-term observers.  Helsinki Commissioner Rep. Alcee L. Hastings, President of the OSCE PA, was appointed by OSCE Chairman-in-Office as Special Coordinator to lead the short-term observers.  In all, Mission members observed the polling in over half of the country’s 5,053 polling stations and tabulation of results in 90 of 125 constituency election commissions. A Standard Still Not Met During the final days of the campaign in Baku, there was an air of guarded optimism among many international observers that the November 6th elections could meaningfully advance democratization, despite all the problems during the pre-election period.  Accordingly, a great deal hinged on what happened on election day itself, specifically the balloting and vote count. Unfortunately, despite a number of steps taken by authorities at the highest levels, including two presidential decrees, implementation fell short. On the positive side were the more inclusive registration of candidates, including controversial opposition leaders; free airtime on the state-funded media and televised debates; and exit polls.   Shortly before voting day, Baku also lifted its ban on the inking of voters’ fingers, and on domestic observers who received funding from foreign sources.  The Council of Europe and others had long been urging concessions on these fronts. At the same time, Azerbaijani authorities asserted tight control of all election commissions, including the Central Election Commission.  This was despite calls by the Council of Europe and the OSCE to make them more representative.  Other problems included undue restrictions on the ability of opposition parties to conduct rallies at desired venues, with disproportionate use of force by police against unsanctioned rallies; detentions and harassment of some opposition candidates; lack of uniformity in updating voter lists; and interference by local executive authorities in the election process with impunity.  The IEOM Statement of Preliminary Findings and Conclusions issued on November 7th noted, “While voting was generally calm, the election day process deteriorated progressively during the counting and, in particular, the tabulation of the votes.  The general atmosphere in the polling stations deteriorated sharply during the count.”  In a telling statistic, 43% of counts assessed by OSCE observers were either “bad or very bad,” with a high lack of confidence in the announced results.  Among the more serious violations observed were tampering with tabulation protocols, protocols completed with pencil, intimidation of observers and unauthorized persons directing the process.  Official protocols reporting the results were not posted, as required by law, in over half of the counts observed.  Violations were also observed in the tabulation process at the constituency electoral commissions.  Influenced by the serious violations observed, as well as problems during the pre-election period, the IEOM concluded, “The 6 November parliamentary elections did not meet a number of OSCE commitments and Council of Europe standards and commitments for democratic elections.”  Speaking at a crowded Baku press conference the day after the elections, OSCE Special Coordinator Rep. Hastings said, “It pains me to report that progress noted in the pre-election period was undermined by significant deficiencies in the count.” One Observer’s Perspective The experience of Ronald J. McNamara, International Policy Director of the U.S. Helsinki Commission, is indicative of much of what transpired in the Azeri elections: “My observations began on November 6 with the opening of a polling station at a university in downtown Baku, followed by other precincts in the capital and surrounding rural districts.  Throughout the day, at the dozen or so stations I visited, including two military bases, there were an impressive number of domestic observers, most affiliated with individual candidates or political parties.  In nearly every station I encountered voters whose names did not appear on the official voter list posted at each station, including one irate individual complaining that she had voted at the same school all her life but had been dropped from the roster.  Otherwise, the balloting generally proceeded smoothly.  “However, as someone once said, ‘It’s not the people who vote that count -- it’s the people who count the votes,’ and unfortunately, most of the officials I encountered on November 6 were the very same individuals who had administered Azerbaijan’s earlier flawed elections.  “The 7:00 p.m. poll closing was accompanied by a dramatic and tense turn of events at the polling station I observed when the precinct election commissioners began moving unused ballots and other materials to an office well beyond the sight of observers.  Amid shouting protests from the dozen or so domestic monitors, I reminded commissioners that all aspects of the closing and vote count were supposed to be conducted in full view of observers.  After a momentary pause, the ballots were retrieved and the count proceeded without further incident.  Aided by a low voter turnout – 30 percent at this particular polling station – the vote counting process moved along rapidly. “Ultimately, an independent candidate among the 21 people on the ballot won in the constituency.  Subsequently, however, the entire vote in the Binagadi constituency electoral district #9 was invalidated, as also happened in a handful of other districts.” The Aftermath Helsinki Commission Chairman Senator Sam Brownback expressed deep disappointment in the conduct of the elections, “We were hoping this election would mark a first step for democracy in Azerbaijan. Leading up to the election, the President of Azerbaijan made technical improvements designed to make the election as free and fair as possible. Unfortunately, the authorities who implemented the election did not pass the test.”  Similarly, Commission Co-Chairman, Rep. Chris Smith, said, “The high expectation that the elections would move democratization forward in Azerbaijan has, regretfully, not been realized.” Commission Ranking Member, Rep. Ben Cardin observed, “It is not at all clear where Azerbaijan goes from here, but I am not optimistic.” Considering the international community’s hopes and expectations for significant improvement, disappointment over the November 6 election was all the greater.  It is difficult to see in the conduct of the election any convincing evidence of meaningful progress – instead, the election and its aftermath resemble previous Azerbaijani elections, rather than signaling a significant opening toward greater democratization, including the holding of free and fair elections.   Since the election, the police have broken up, sometimes violently, opposition rallies.  While Azeri President Aliyev has been willing to engage with the West on the implementation of reforms so long as those reforms do not seriously threaten the status quo, it is clear that Azerbaijan’s leadership is determined to make sure that no “colored” revolution takes place such as those that took place in neighboring Georgia and Ukraine. A Final OSCE Report, presenting a comprehensive analysis of all observers’ findings and offering recommendations for further improvements is expected to be released shortly.

  • The Meaning of Egypt’s Elections and Their Relevance to the Middle East

    This briefing addressed the prospects for increased liberalization in Egypt and the Middle East in light of the recent Egyptian presidential election and in spite of its flaws. The Egyptian elections were provided as an example for one of the many steps on the long road to creating a true democracy, and the likelihood of the regime continuing down that path was a topic of discussion. Witnesses testifying at the briefing discussed the impact of the recent Egyptian presidential and forthcoming parliamentary elections on Egypt and the wider Middle East region. The importance of gains made by the opposition, despite some reports of irregularities and a low turnout, was particularly emphasized.

  • THE UNITED STATES AND THE OSCE: A PARTNERSHIP FOR ADVANCING FREEDOM

    This hearing focused on the relationship and the partnership the United States has with the OSCE and whether, through this partnership, the U.S.  foreign policy goals of advancing freedom are being achieved. Among the assessment of the relationship was whether the U.S. was utilizing the capabilities of the OSCE process to the fullest of its abilities. The Commissioners also reviewed whether a similar OSCE framework would be plausible for the African continent to focus on humanitarian development. The witness gave testimony of examples of the OSCE framework shaping the dialogue of free electoral processes, freedom of expression and religion, and protections of minority groups. The hearing touched on potential change of focus  to alleviate issues of terrorism in the OSCE mission.

  • American Agenda Moves Forward at the 14th Annual OSCE Parliamentary Assembly

    The 14th Annual Meeting of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly convened in Washington, DC, July 1-5, 2005. Speaker of the House, J. Dennis Hastert (R-IL), the host for this year’s Assembly, welcomed more than 260 parliamentarians from 51 OSCE participating States as they gathered to discuss various political, economic, and humanitarian issues under the theme, “30 Years since Helsinki: Challenges Ahead.”  Commission Chairman Senator Sam Brownback (R-KS) served as head of the U.S. Delegation, Co-Chairman Christopher H. Smith (R-NJ) was delegation vice-chairman.  Secretary of State Dr. Condoleezza Rice gave the inaugural address at the assembly’s opening session, thanking the members of the OSCE PA for their work toward “human rights, the rule of law, free and fair elections, and the development of transparent, accountable institutions of government across the OSCE community and around the globe. “As the Chairman-in-Office and Parliamentary Assembly take a fresh look at the OSCE agenda and consider these and other items, preserving the integrity of Helsinki principles and ensuring that the OSCE continues to be an agent of peaceful, democratic transformation should be paramount objectives,” Secretary Rice said. Chairman Brownback in plenary remarks underscored the rich history of the Helsinki Process, unwavering U.S. commitment to human rights and the dignity of the individual, and the dramatic advances made in Georgia, Ukraine, and Kyrgyzstan.  At the same time, he pointed to the remaining work to be done in the OSCE region and beyond to meet the promises made with the signing of the 1975 Helsinki Final Act.      Offering guidance to the body, OSCE PA President and Helsinki Commissioner Rep. Alcee L. Hastings (D-FL) reiterated the gathering’s theme:  “In this new Europe, and in this new world, the OSCE and the OSCE Parliamentary Assembly must stand ready to respond to new threats and challenges, and this means evolving and adapting to new realities.” Agenda and Issues Among the issues considered by the Assembly were recommendations for changes in the OSCE Code of Conduct for Mission Members, efforts to combat human trafficking, and calls for greater transparency and accountability in election procedures in keeping with OSCE commitments made by each of the 55 participating States. The First Committee on Political Affairs and Security met to discuss matters of terrorism and conflict resolution, including resolutions on the following topics: terrorism by suicide bombers the situation in Abkhazia, Georgia terrorism and human rights Moldova and the status of Transdniestria Under the chairmanship of Rep. Benjamin L. Cardin (D-MD), the Second Committee on Economic Affairs, Science, Technology and Environment moved on a number of issues, including resolutions and amendments on: small arms and light weapons maritime security and piracy the OSCE Mediterranean dimension money laundering the fight against corruption The Third Committee on Democracy, Human Rights and Humanitarian Questions tackled a number of resolutions, as well as two supplementary items brought by members of the U.S. Delegation.  Other topics addressed by the Committee included:         the need to strengthen the Code of Conduct for OSCE Mission Members combating trafficking in human beings improving the effectiveness of OSCE election observation activities The Assembly plenary met in consideration of the resolutions passed by the general committees as well as the following supplementary items: improving gender equality in the OSCE combating anti-Semitism Special side events were held in conjunction with the 5-day meeting, including a briefing on the status of detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, held by senior U.S. officials from the Departments of Defense and State.  Members of the U.S. Delegation also participated in the following organized events: Parliamentary responses to anti-Semitism Working breakfast on gender issues Mediterranean side meeting Panel discussion on the Nagorno-Karabakh conflict Human rights in Uzbekistan Meeting of the parliamentary team on Moldova In addition, while participating in the Assembly, members of the U.S. Delegation held bilateral meetings with fellow parliamentarians from Azerbaijan, Georgia, Kazakhstan, and Turkmenistan.  They also had formal discussions with the newly appointed OSCE Secretary General Marc Perrin de Brichambaut. Key U.S. Initiatives The successful adoption of a number of supplementary items and amendments to the Assembly’s Washington Declaration illustrated the extent of the activity of the members of the U.S. Delegation in the three Assembly committees.  The delegation met success in advancing its initiatives in human trafficking, election observation activities, and religious freedom. As a result, the Washington Declaration reflects significant input based on U.S. initiatives. In the General Committee on Democracy, Human Rights and Humanitarian Questions, Senator Voinovich (R-OH) sponsored, and successfully passed, a supplementary item on funding for the Office for Democratic Institutions and Human Rights (ODIHR) to allow it to continue its missions and responsibilities. Speaking on the passage of his resolution on combating trafficking at the hands of international peacekeepers, Co-Chairman Smith said, “In the past, the lack of appropriate codes of conduct for international personnel, including military service members, contractors, and international organization’s employees, limited the ability to counter sexual exploitation and trafficking.  That is finally changing.” The U.S. Delegation also overwhelmingly defeated text offered by the Russian Delegation that would have weakened the ability of ODIHR to effectively perform election observations.  Co-Chairman Smith, principal sponsor of the amendments that served to frustrate the Russian resolution, praised the OSCE Parliamentary Assembly saying, “The Parliamentary Assembly has reaffirmed the central and historic leadership role of the OSCE’s Office of Democratic Institutions and Human Rights in monitoring elections….Parliamentarians from the participating States have soundly rejected the ploy to weaken OSCE election standards, holding participating States accountable when they fail to fulfill their OSCE election commitments.” On the issue of religious freedom, the U.S. Delegation carried through two amendments to the final Assembly declaration. “I am very pleased that these amendments passed,” said Co-Chairman Smith, who offered the amendments to the draft resolution.  “However, the fact that the first amendment passed by only 10 votes underscores the continuing challenge in the fight for religious liberties in the OSCE region.  The fact that parliamentarians are willing to discriminate against minority religious communities is sobering.” In addition, an amendment brought by Del. Eleanor Holmes-Norton (D-DC) that calls on the U.S. Congress to grant voting rights for residents of the District of Columbia secured passage. Leadership Positions Commissioner Hastings was re-elected unanimously to another one-year term as the President of the OSCE Parliamentary Assembly.  Joining the U.S. leadership on the Parliamentary Assembly, Commissioner Benjamin L. Cardin was also re-elected Chairman of the General on Economic Affairs, Science, Technology and Environment by unanimous decision.  Commission Co-Chairman Christopher H. Smith continues in his role as Special Representative on Human Trafficking to the OSCE PA.  Additionally, Rep. Hoyer chaired the Ad Hoc Committee on Transparency and Accountability, which works to foster greater response from the governments of participating States to Assembly initiatives. The close of the Assembly was marked with the adoption of the Washington Declaration and concluding remarks by OSCE PA President Hastings. The Parliamentary Assembly will meet again next year, July 3-7, in Brussels, Belgium. U.S. Delegation to 14th Annual OSCE Parliamentary Assembly: Commission Chairman Sen. Sam Brownback (R-KS) Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) Sen. George Voinovich (R-OH) Rep. Steny H. Hoyer (D-MD) Rep. Louise McIntosh Slaughter (D-NY) Rep. Alcee L. Hastings (D-FL) Rep. Robert Aderholt (R-AL) Rep. Mike McIntyre (D-NC) Rep. Joseph R. Pitts (R-PA) Rep. Mike Pence (R-IN) Del. Eleanor Holmes Norton (D-DC)

  • Progress and Challenges: The OSCE Tackles Anti-Semitism and Intolerance

    By Ron McNamara, International Policy Director & Knox Thames, Counsel The OSCE Conference on Anti-Semitism and on Other Forms of Intolerance convened in Córdoba, Spain, from June 8-9, 2005. The conference, the third since the Helsinki Commission’s 2002 groundbreaking hearing on “Escalating Anti-Semitic Violence in Europe,” was well attended with many participating States represented by senior-level officials.  New York Governor George E. Pataki headed the U.S. Delegation. Specific sessions were held on: Fighting anti-Semitism and other forms of discrimination, and promoting tolerance - from recommendations to implementation; Anti-Semitism and the media; Education on the Holocaust and on anti-Semitism; Responding to anti-Semitic and hate-motivated crimes; Fighting intolerance and discrimination against Muslims; Fighting intolerance and discrimination against Christians and members of other religions; and, Fighting racism, xenophobia and other forms of intolerance and discrimination. Specialized workshops were focused on: Anti-Semitism and the Media; Implementation of OCDE Office for Democratic Institutions and Human Rights’ (ODIHR) Taskings in the Field of Tolerance and Non-Discrimination; Promoting Tolerance and Ensuring Rights of Religion and Belief; and Combating Racism and Discrimination against Roma and Sinti. Side events were organized to address:  Education on the Holocaust and anti-Semitism; Combating hate speech online in the OSCE framework; Anti-Semitism and satellite television; Teaching the Holocaust and the History of Anti-Semitism in Catholic Schools: Promoting Tolerance and Interfaith Understanding; Why Should We Work Together? The ODIHR’s Law Enforcement Officer Training Program for Combating Hate Crimes; The role of Parliaments in Combating Anti-Semitism; The Anti-Semitism/terrorism Nexus, Hate sites on the Internet; and Discrimination, Hate crimes and Intolerance on the grounds of homophobia. The Conference was preceded by a one-day NGO Forum hosted by the Three Cultures Foundation on June 7, 2005 in Seville.  The opening session included presentations by Professors Gert Weisskirchen and Anastasia Crickley and Ambassador Omur Orhun, who are the three Personal Representatives of the outgoing OSCE Chair-in-Office, Slovene Foreign Minister Dimitrij Rupel.   There was also a video presentation by U.S. Helsinki Commission Chairman Senator Sam Brownback [available here]. The Córdoba Conference was the product of intense negotiations following last year’s Berlin Conference and the adoption of a number of specific commitments by OSCE countries aimed at stemming the tide of anti-Semitism and related violence.  Numerous participating States had actively resisted the convening of a meeting exclusively focused on anti-Semitism and instead argued in favor of a “holistic” approach to tolerance issues.  As OSCE Chair-in-Office (CiO) Dimitrij Rupel put it, “I also hope that Córdoba, and after Córdoba, a truly holistic approach to combat all forms of discrimination and intolerance will prevail, as this is the most effective way to address this issue.” While supporting a broader approach, others, including the U.S. Helsinki Commissioners, voiced concern that the focus on anti-Semitism as a unique form of intolerance not be lost, especially given the dimensions of the Holocaust and European history. Most participating States used the Córdoba Conference to reiterate their commitment to combating anti-Semitism and other forms of intolerance.  Disappointingly few, however, cited concrete steps they are undertaking to implement existing OSCE commitments.  One of the few exceptions was the Solicitor General of the United Kingdom, who reported on the evolution of anti-hate legislation in his country and a new law being considered by Parliament to address anti-religious bigotry.  The Italian and Polish delegations also noted some tangible progress. CiO Rupel reported on initiatives undertaken by the OSCE to improve implementation of commitments made in Berlin.  He also warned that “we must be vigilant against discrimination and show no tolerance for intolerance,” a theme repeated by numerous subsequent speakers. U.S. Helsinki Commissioner Alcee L. Hastings addressed the Córdoba Conference in his capacity as President of the OSCE Parliamentary Assembly.  Hastings reminded participants of the role of parliamentarians, including members of the Helsinki Commission, in ensuring that the issue of anti-Semitism and related violence were given priority in the OSCE framework. The most tangible results to come out of the Córdoba Conference was the Córdoba Declaration, as well as reports presented by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on “Combating Hate Crimes in the OSCE Region” and “Education on the Holocaust and on Anti-Semitism.”  The declaration recognized that some forms of intolerance need proper definition, and reiterated the Berlin Declaration’s  acknowledgement that “international developments or political issues, including in Israel or elsewhere in the Middle East, never justify anti-Semitism.” According to the ODIHR reports, 13 participating States have not provided any information on statistics, legislation and national initiatives relating to hate crimes.  Of the 42 participating States that have responded, only 29 countries have provided information and statistics on hate crimes and violent manifestations of racism, xenophobia, anti-Semitism, and intolerance.  The quality of information varied widely – one country’s statistical submission consisted of a single sentence. Beyond implementation issues and concerns, three outstanding questions remain to be resolved: Will the OSCE maintain a distinct focus on anti-Semitism or will the issue be folded into a more generic tolerance rubric? Will the current mandates for the three personal representatives be extended? What form will future follow-up, including the possible location of future conferences, on tolerance-related matters take? There is also some concern that the Personal Representatives of the Chair-in-Office have been hampered in undertaking their tasks, and have been hamstrung by limitations that have been imposed on their activities.  It is also unclear whether the newly incoming Chair-in-Office will reappoint the three representatives or, if so, if he will maintain their distinct portfolios. Discussions in Córdoba did little to narrow differences on these points.  The United States has been among the few stalwarts committed to sustaining a particular focus on anti-Semitism.   At the same time, a growing number of countries prefer a “holistic” approach, where distinct issues are discussed under a generic theme. Governor Pataki in closing remarks stressed the need to move beyond words: “We have all given our speeches in the best prose we can muster, but there is more to combating anti-Semitism and intolerance than mere speeches.”  He urged that future follow-up focus on implementation; endorsed the reappointment of the three Personal Representatives under their existing titles; called for preserving a distinct focus on anti-Semitism; supported continuing efforts to combat intolerance and discrimination against Muslims, Christians, and other faiths; and urged further institutionalization of tolerance and non-discrimination work.  Pataki concluded, “We can talk, we can coordinate through the OSCE, but the primary responsibility ultimately rests with the participating States.”      U.S. DELEGATION Governor George E. Pataki, Head of U.S. Delegation Hon. Jennette Bradley, Treasurer, State of Ohio The Most Rev. Charles J. Chaput, Archbishop of Denver and Commissioner, U.S. Commission on International Religious Freedom Sander Ross Gerber, Chairman and CEO of the XTF Group and President of the Gerber Capital Management Group Rabbi Marvin Hier, dean and founder, Simon Wiesenthal Center Kamal Nawash, founder, Free Muslims Coalition Rabbi David Zwiebel, Executive Vice President for Government and Public Affairs, Agudath Israel of America

  • Meeting the Demographic Challenge and the Impact of Migration

    By Erika Schlager, Commission Counsel for International Law The thirteenth meeting of the Economic Forum of the Organization for Security and Cooperation in Europe convened in Prague, the Czech Republic, from May 23-27, 2005.  This year, Forum participants from 52 of the 55 OSCE participating States met under the broad theme of “Demographic Trends, Migration and Integrating Persons belonging to National Minorities:  Ensuring Security and Sustainable Development in the OSCE Area.” [1] Stephan Minikes, U.S. Ambassador to the OSCE, summarized the factors that drove the meeting’s focus on demographic, migration and related population issues: “Given current demographic trends in much of the OSCE space, an increasing number of states will have to deal with migration on a larger scale.  In many countries, the decline in workforce due to aging and shrinking populations cannot be arrested or reversed quickly enough through increased fertility.  To maintain quality of life, sustainable development and support pension schemes, many countries will have to open their labor markets, and quickly.  Inviting immigrants will force states not only to integrate them, but also to evaluate their immigration policies . . . .” The Economic Forum, replicating what has been a growing trans-Atlantic public debate, gave particular attention to efforts to increase birthrates and to enhance migration from other regions that – for now – are experiencing population growth (at least relative to job availability). With respect to the goal of increasing the birthrate, no single policy prescription emerged from the discussions.  The Norwegian delegation described grass-roots driven policy changes that contributed to raising the birth rate in Norway – although it was only raised to 1.8 percent, still below replacement levels.  A number of other speakers highlighted the need to develop policies to help women juggle both careers and parenting.  In closing remarks, the U.S. delegation observed, “[w]hile we do not dispute this need, we believe that it is equally critical to keep in mind the parenting role of men as well.” Conspicuously absent from the discussion was consideration of data on ethnic groups within countries.  In several countries, for example, the demographic trend in the Romani minority differs from the ethnic majority: Romani communities often have a higher birth rate, shorter life-span and higher infant mortality.  Nevertheless, although there is a Europe-wide demographic crisis, a few public officials in several countries, perhaps reflecting widespread social antagonisms toward the Romani community, argued for targeted programs to reduce the Romani birth rate. In the discussion of migration trends, the economic and environmental factors that lead people to migrate were examined, as well as the implications of such migrations for both the countries that send and receive migrant populations.  A few countries, including Albania, Armenia and Tajikistan, spoke from the perspective of a sending country, touching on both the positive (e.g., remittances) and negative (e.g., brain drain) aspects of population outflows. Other sessions of the Prague Forum addressed population developments, including: Environment and migration; Providing services for migrants; Awareness raising and economic integration in countries of destination; Economic and social integration of national minorities; and Principles of integration of national minorities. Four side events were held concurrently with the working sessions.  They were: Migration and economic development of the sending countries (an event held with the OSCE Mediterranean Partners for Cooperation); Implementing the Roma and Sinti Action Plan (economic and social aspects); The OSCE’s Anti-trafficking Program; and The Labor Migration Project in Armenia. In his closing remarks, a representative of the Slovenian Chair-in-Office (CIO) noted a few suggestions that might serve as the basis for further OSCE work, including: Developing an action plan on migration issues; Formulating a statement of principles that might be adopted at the OSCE Ministerial in December; Developing a handbook on managing migration;  and, Establishing an advisory group on migration issues under the umbrella of the OSCE  Economic and Environmental Activities Coordinator.  The CIO representative noted that some of the recommendations went beyond the OSCE’s framework and mandate.  In addition, during the discussions, a few countries (notably Turkey and France) noted that some speakers had advocated policy approaches that would not be acceptable to their capitals.  Accordingly, it remains to be determined whether a consensus will be established for moving forward on any of these specific suggestions. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. U.S. DELEGATION: Stephan M. Minikes, U.S. Ambassador to the OSCE Susan F. Martin, Professor at Georgetown University and Executive Director of the Institute for             the Study of International Migration at Georgetown University Ellen Thrasher, Associate Administrator, U.S. Small Business Administration Katherine A. Brucher, Deputy Political Counselor, U.S. Mission to the OSCE Robert Carlson, Political Officer, U.S. Mission to the OSCE Susan Archer, OSCE Desk Officer, U.S. Department of State Erika Schlager, Counsel for International Law, Commission on Security and Cooperation in Europe  [1] (The three countries which had no representation during the course of the week were Andorra, Macedonia and Uzbekistan.)

  • The Iran Crisis: A Transatlantic Response

    Commissioners Brownback, Smith, and Cardin held this hearing that focused on the deteriorating human rights situation in Iran, and how the U.S. and Europe together could help address this predicament. More specifically, under President Mahmoud Ahmadinejad, Iran did everything in its power to crush dissent, resorting in every form of persecution, including execution. The relevance to the OSCE regarding the situation in Iran lies in the fact that Iran borders multiple OSCE participating states. Likewise, events in Iran, which is a rather large country, have a direct bearing on the broader Middle East and beyond. 

  • OSCE Anti-Trafficking Commitments

    The OSCE's "Action Plan to Combat Trafficking in Human Beings" intends to provide participating States with a comprehensive toolkit to help them implement their commitments to combating THB. It aims to provide participating States with a follow-up mechanism, which will also promote co-ordination between individual participating States, both within the OSCE structures and with other international organizations. The Action Plan adopts a multidimensional approach to combating trafficking in human beings. It addresses the problem comprehensively, covering protection of victims, the prevention of THB and the prosecution of those who facilitate or commit the crime. It provides recommendations as to how participating States and relevant OSCE institutions, bodies and field operations may best deal with political, economic, legal, law enforcement, educational and other aspects of the problem. The Action Plan is further intended to assist participating States in employing these tools by drawing upon existing regional experience gained through the implementation of such concrete initiatives and measures as those undertaken by the Stability Pact Task Force on Trafficking in Human Beings in South Eastern Europe. A comprehensive approach to trafficking in human beings requires a focus on bringing to justice those responsible for this crime, and on carrying out effective measures to prevent it, while maintaining a humanitarian and compassionate approach in rendering assistance to its victims.

  • Lebanon: Development and Prospects

    This briefing, which CSCE Staff Advisor Chadwick R. Gore moderated, was held to discuss the latest developments in Lebanon following the withdrawal of Syrian troops. According to Sen. Sam Brownback, who was CSCE Chairman at the time of the briefing, “With the withdrawal of Syrian troops from Lebanon, we have entered a whole new phase in the history of the Middle East.” The briefing’s witnesses, then, were utilized to offer unique insights on what the implications were for Lebanon’s and the region’s future. The witnesses in this briefing were Dr. Walid Phares and Joe Baini. Dr. Walid Phares was the senior fellow at the Foundation for the Defense of Democracies, as well as a delegate of the Lebanese Diaspora (WLCU) to the United Nations. Joe Baini was the president of the World Lebanon Cultural Union. A hearing that was held the same year and addressed the Russia-Syrian connection and its effect on Lebanon predated the briefing.

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