U.S. Helsinki Commission Chairman Deeply Concerned by Arrest and Detention of Journalist Khadija IsmayilovaMonday, December 08, 2014
WASHINGTON—Following Friday’s arrest and pre-trial detention of Khadija Ismayilova, investigative journalist and contributor to RFE/RL’s Azerbaijani Service, by authorities in Azerbaijan, U.S. Helsinki Commission Chairman Senator Ben Cardin (MD) issued the following statement: “I am deeply concerned about the detention of Ms. Ismayilova, who has been the target of unrelenting persecution by the government of Azerbaijan because of her efforts to expose corruption within the country, as well as her advocacy on behalf of political prisoners. The current charges against her are bizarre and only seem designed to silence one of the few independent voices left in Azerbaijan. “Ms. Ismayilova was scheduled to testify in front of the U.S. Helsinki Commission on November 19, 2014, but was prevented from attending due to a government-imposed travel ban related to a different legal case. The current charge levied against Ms. Ismayilova of ‘incitement to suicide’ is just an escalation of the years of harassment by the authorities that she has endured. “As a participating State of the Organization for Security and Cooperation in Europe (OSCE), Azerbaijan has committed to respecting human rights – including freedom of the media – and the U.S. Helsinki Commission once again calls on the government of Azerbaijan to live up to its promises and immediately end its harassment of all journalists, including Ms. Ismayilova.”
Bipartisan U.S. Delegation Defends Ukraine, Raises Concerns about Russia at OSCE Parliamentary SessionWednesday, December 03, 2014
From June 27 to July 3, 2014, a bicameral, bipartisan delegation of eight Members of Congress represented the United States at the annual session of the OSCE’s 57-nation Parliamentary Assembly in Baku, Azerbaijan. The delegation, which was organized by the U.S. Helsinki Commission, also made side visits to Georgia and Moldova. The congressional delegation was led by the Commission Chairman, Senator Ben Cardin (MD), while the Co-Chairman, Representative Chris Smith (NJ-04) was head of delegation at the Assembly session. The Commission’s Ranking Senator, Roger Wicker (MS) and House Commissioners Robert Aderholt (AL-04) and Phil Gingrey (GA-11) also participated, along with Senator Tom Harkin (IA) and Representatives David Schweikert (AZ-06) and Adam Schiff (CA-28). A central concern at the Assembly meeting, as well as during bilateral interaction with the authorities and people of Azerbaijan, Georgia, and Moldova, was Russian Federation’s annexation of Crimea and its incursions into eastern Ukraine. The congressional delegation was highly critical of Moscow’s attempt to reassert its domination over the affairs of its neighbors more than two decades after the Soviet Union’s collapse, and it reassured friends and allies of the deep and continuing commitment of the United States to security and cooperation in Europe and throughout the OSCE region.
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The Tyranny You Haven't Heard OfSunday, November 30, 2014
You could call it a stealth North Korea: a country in the same league of repression and isolation as the Hermit Kingdom, but with far less attention paid to its crimes. The country is Uzbekistan, one of the Central Asian nations that emerged out of the wreckage of the Soviet Union in 1991. It has brought some unique touches to the conduct of a dictatorship. When political prisoners have served their full terms, they often have their sentences extended for violations such as improperly peeling carrots in the prison kitchen or failing to sweep their cells correctly. At harvest time, millions of students, teachers and other workers are temporarily enslaved to pick cotton to the profit of the regime. It has been known to boil its prisoners alive. But in most ways, it is a classic, hard-core police state, among the worst in the world. Like Zimbabwe, it has a president who will not go away: Islam Karimov, who assumed power as Communist Party boss in 1989. After a quarter-century, Karimov, 76, appears as ensconced as ever, though Uzbekistan’s GDP per capita of $3,800 puts it 171st in the world. Like China, it had its Tiananmen Square massacre: the shooting of hundreds of unarmed protesters in the city of Andijan in 2005, after which the government ramped up its repression nationwide. And like North Korea, it confines in brutal conditions thousands of political prisoners. How many thousands? Probably not the 80,000 to 120,000 who populate North Korea’s gulag. Human rights groups have offered estimates of 10,000 or 12,000. But, as Human Rights Watch noted in a recent report, no one really knows, because, like North Korea, “Uzbekistan has become virtually closed to independent scrutiny.” Foreign correspondents and human rights monitors generally are not granted visas. No U.N. human rights expert has been allowed in since 2002. Even the International Committee of the Red Cross, which is permitted almost everywhere because it never publicly embarrasses a country, had to pull out of Uzbekistan last year because of interference in its attempted prison visits. Drawing the curtains has helped Uzbekistan avoid scrutiny. But the nation has stayed below the radar for another reason, too: The United States and other Western nations have been reluctant to confront Karimov and his regime. They have needed to ship military supplies through Uzbekistan to reach Afghanistan. And as Russian President Vladimir Putin has become increasingly hostile, the West has competed with him for the favor of neighboring nations. Thus the tenor of this White House summary of a telephone call between President Obama and Karimov in 2011, unimaginable if Kim Jong Un had been on the other end of the line: “President Obama congratulated President Karimov on Uzbekistan’s 20 years of independence, and the two leaders pledged to continue working to build broad cooperation between our two countries. The President and President Karimov discussed their shared desire to develop a multi-dimensional relationship between the United States and Uzbekistan, including by strengthening the contacts between American and Uzbek civil societies and private sector.” Never mind that Karimov has virtually eradicated Uzbekistan’s “civil sector.” It’s hard to read of such a phone call without thinking of, say, Muhammad Bekjanov, 60, possibly the world’s longest-imprisoned journalist. Uzbek security agents kidnapped Bekjanov in 1999 in Ukraine, where he was living in exile. He has been beaten, shocked, subjected to temporary suffocation (the “bag of death”) and tortured in other ways. He has contracted tuberculosis, and beatings have cost him most of his teeth and much of his hearing. When his term was set to expire in 2012, he was sentenced to another five years for unspecified “violations of prison rules.” Bekjanov’s crime was to have served as editor of an opposition party newspaper. “There may be legitimate national security concerns that the U.S. needs to engage on,” Sarah Margon, Washington director of Human Rights Watch, told me. “That doesn’t mean you have to shove everything else under the rug.” There are some encouraging signs that Congress, at least, may be lifting a corner of that rug. In October the congressional Helsinki Commission, which is chaired by Sen. Ben Cardin (D-Md.) and co-chaired by Rep. Chris Smith (R-N.J.), held a briefing on political prisoners in Uzbekistan. Last week eight senators, including Foreign Relations Committee chairman Robert Menendez (D-N.J.), sent Karimov a letter urging the release of five prisoners, including Bekjanov. These are small steps, but they shine some light on Uzbekistan’s crimes. Karimov cares about his reputation, his access to Western weaponry and his officials’ freedom to travel to Europe and the United States. If Obama also would take some small steps, it might make a big difference to the inmates of Uzbekistan’s invisible gulag.
U.S. Helsinki Commission Welcomes New Communications Director, Policy AdvisorWednesday, October 29, 2014
WASHINGTON—The bipartisan leadership of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the joint appointments of Stacy L. Hope as Communications Director and Nathaniel Hurd as Policy Advisor on International Freedom of Religion. Ms. Hope, a seasoned communicator specializing in international issues, joins the Helsinki Commission from Delegation of the European Union in Washington, where she counseled senior EU officials on strategic communications and public diplomacy programs. From 2004 to 2008, she led national and international marketing and communications initiatives for the British Council, the United Kingdom’s cultural relations organization. Her prior experience includes positions with the Institute of International Education and Golin/Harris International, a global public relations and marketing communications firm. Mr. Hurd, previously with World Vision, has spent his career focusing on international humanitarian and human rights crises, including those resulting from religious persecution. Mr. Hurd has interviewed and spent time with many survivors of violence – in Iraq, Jordan, Lebanon, Ethiopia, Somalia, and Sudan – who were forced to flee from their homes and seek refuge in other countries as refugees or were internally displaced in their own. “On behalf of the entire bipartisan, bicameral Commission, I am delighted to welcome both Stacy and Nathaniel to the Helsinki Commission team,” said U.S. Senator Ben Cardin (D-Md.), Chairman of the Commission on Security and Cooperation in Europe. “In today’s volatile international environment, promoting basic human rights and fundamental freedoms is more important than ever, and the contributions of our two newest staff members will be vital to the Commission’s continuing success.”
Importance of Good Governance to Comprehensive SecurityMonday, June 16, 2014
Remarks to the 2014 OSCE Japan Conference on Sharing Experiences and Lessons Learned between the OSCE and Asian Partners for Cooperation in Order to Create a Safer, More Interconnected and Fairer World in the Face of Emerging Challenges Thank you, Mr. Ambassador, for your kind introduction. It’s a pleasure to be here today. I’d also like to thank our Japanese hosts for their very gracious arrangements for this important conference. I am here on behalf of U.S. Senator Ben Cardin, the Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission. The Helsinki Commission is unique in that the U.S. is the only OSCE participating State to create a distinct governmental agency to monitor member state compliance with OSCE commitments. One of the key priorities for our Commission is promoting good governance and combatting corruption, and we were pleased to see the tremendous progress achieved in this area in 2012 with the adoption of the Declaration on Strengthening Good Governance and Combatting Corruption, Money-Laundering and the Financing of Terrorism at the Dublin Ministerial. The Good Governance Declaration is comprehensive, laying out a strategy for the OSCE to combat corruption, strengthen civil society development and enforce accountability measures in the public and private sectors. The declaration has given some new tools to the Economic and Environmental Coordinator’s office, which plays a critical role in strengthening stability and security in the OSCE region. And last year, the OSCE worked to promote sustainable energy solutions, advocate transparency and accountability, and to build capacity at all levels of society – government, private sector, and its citizens. These achievements represent a foundation for further enhancing the 2nd Dimension. The U.S. and the EU have recently enacted laws that address the problem of transparency and accountability in the resource sector. In the United States, these laws were authored by the Chairman of the U.S. Helsinki Commission, Senator Ben Cardin. The laws require companies to publicly report payments they make to governments for oil, gas and mining extraction. The concept is that by injecting transparency into a traditionally opaque business environment, the ability of citizens to better understand the money flows allows them to then hold their governments accountable. The laws are meant to innovate the way business is done in this extremely important sector by breaking the cycle of instability and poverty in countries suffering from what is often called the “resource curse”. This innovation can help ensure that energy supplies are not disrupted, it gives citizens a tool to fight corruption, and it levels the playing field for companies. Now that the U.S. and the European Union are implementing these transparency rules, other markets with large resource extraction companies such as Australia and Canada are exploring similar requirements. And we expect that as these rules come online we will see other stock exchanges around the world follow suit. Corruption and lack of transparency in the extractive industries can fuel instability and even conflict, so it’s not hard to see why this type of transparency is catching on. The news is full of headlines on instability created by resource competition or corruption. And resource rich countries are consistently rated as some of the most difficult places to do business. In almost every case you can trace the root cause to the intractable corruption in that country. These transparency laws are the game changers that will help tilt the balance of power away from corrupt leaders. Transparency and accountability are going to make the job of extractive companies easier. They will work on a level playing field, they will work with more stable governments, and they will operate in more stable communities. And the OSCE has a role to play here as well. With the acknowledgment of the importance of combatting corruption in the Good Governance Declaration, the OSCE’s Economic and Environmental Dimension can serve as a valuable platform for increasing stability and security on energy related issues and, in particular, highlighting the link between security, energy, and the environment. As we look toward the Basel Ministerial and the Helsinki+40 process, we must build upon this work and examine how the 2nd Dimension can be further strengthened to advance solutions that build good governance. One of the ways that we can do this is to more actively engage civil society in the 2nd Dimension. We need to welcome multi-stakeholder groups, business groups and civil society leaders to the Economic and Environmental Forum and the Economic and Environmental Implementation meeting in order to generate greater awareness of good governance initiatives, develop new projects, and assess the effectiveness of participating States in implementing these commitments. Let me close with a comment on Ukraine. I was there two weeks ago to observe the election. Despite the daily reports of violence, what we saw in the conduct of the election makes me hopeful that the newly elected government will be able to move the country forward. But what is painfully clear is that the corruption surrounding Ukraine’s energy sector was a key factor in fueling the protests that eventually led to the downfall of the government. Ukraine is not a big oil and gas producer itself, but it plays a major role as a transit country between Russia and Western Europe. Ukraine has started work on its candidacy for EITI but still has a long way to go so we are encouraging the new government to place a priority on getting that in place. The broader lesson from Ukraine is that secret deals lead to corruption. Corruption leads to economic stagnation. Economic stagnation leads to political instability. Political instability leads to violence and human rights abuses, and even opportunistic violations of sovereignty and territorial integrity. This is why we need to innovate the way we do business. This is why we need to focus on transparency and good governance. And this is why we need to empower civil society and media to hold their governments accountable. These are all areas where the OSCE has expertise and where the Asian Partners can provide assistance and experience. Thank you.
Cardin, Wicker Name Ambassador David Killion to Lead U.S. Helsinki Commission StaffThursday, April 10, 2014
WASHINGTON – U.S. Senators Ben Cardin (D-Md.) and Roger Wicker (R-Miss.) have announced the joint appointment of David T. Killion as the Senate Staff Director for the U.S. Commission on Security and Cooperation in Europe (U.S. Helsinki Commission). A diplomat familiar with navigating multilateral international organizations, Killion is the former U.S. Ambassador to the United Nations Educational, Scientific and Cultural Organization (UNESCO). He previously served as a Senior Professional Staff Member on the House Committee on Foreign Affairs where he was the foremost expert on international organizations. Killion first joined the House Foreign Affairs Committee staff as a key advisor to then Chairman Tom Lantos (D-Calif.) and he was a leader on human rights work. Ambassador Killion will replace Fred Turner, who recently became chief of staff to Senate Foreign Relations Committee Chairman Bob Menendez (D-NJ). “The U.S. Helsinki Commission has a long-standing tradition of operating above partisan politics as it works to advance our country’s international leadership on democracy, human rights and economic issues. Along with Senator Wicker, I am proud to welcome Ambassador David Killion as Staff Director, extending this bipartisan precedent with an individual steeped in experience who has represented the United States of America at the highest levels overseas but also understands the deep origins and appropriate uses our Nation’s foreign policy tools,” said Senator Cardin. “Ambassador Killion’s extensive professional experience in diplomacy and international affairs uniquely qualifies him to serve in this important role,” Senator Wicker said. “He has proven his ability to promote America’s best interests on the global stage, earning the respect of members from both political parties. I look forward to working with him on the Helsinki Commission, which continues to be a force for the advancement of democracy and security around the world.” Ambassador Killion will serve as an advisor to Senators Cardin and Wicker, Chairman and Senate Ranking Member of the U.S. Helsinki Commission respectively. He will manage a professional staff charged with monitoring compliance with the Helsinki Accords and advancing comprehensive security through the promotion of human rights, democracy, and economic, environmental and military cooperation in the 57 countries of the Organization for Security and Cooperation in Europe (OSCE). The CSCE/U.S. Helsinki Commission is a bipartisan, bicameral, dual-branch organization that consists of nine members each from the U.S. Senate and the House of Representatives, and one member each from the Departments of State, Defense, and Commerce. Most recently, the OSCE has played an integral role in monitoring events in Ukraine as Russia disregards its commitments to Ukraine’s territorial integrity under the Helsinki Final Act and specifically the Budapest Memorandum. The OSCE has provided many of the non-military tools at the disposal of the Administration and Europe and continues to address how to best assist Ukraine and deter further Russian aggression. "At a time when conflict is flaring in the OSCE region, I am honored that Senators Cardin and Wicker have placed their faith in me to lead the professional staff of the U.S. Helsinki Commission. The Commission is a hidden gem in the Congress that still reflects the goal that partisanship stops at our Nation's shores,” Ambassador Killion said. “The Commission has never been more relevant than it is today. I hope to assist Senators Wicker and Cardin and all the Commissioners to as we seek to hold Russia accountable to its commitments under the Helsinki Final Act and the Budapest memorandum and more broadly as we strengthen America's leadership in human rights and democratic development." Killion served as the U.S. Permanent Representative to UNESCO from 2009-2013. In this role, he administered a multi-agency, multi-million dollar U.S. Mission, worked to better align UNESCO programs and activities with U.S. strategic interests, managed complex political and diplomatic challenges, and fostered public-private partnerships with key American corporations and foundations. As a Senior Professional Staff member of the House Committee on Foreign Affairs, Killion managed the drafting of the State Department Authorization Act on behalf of Committee Chairman Howard Berman (D-Calif.). He has also coordinated Committee initiatives to improve management at the United Nations and reforms to UN human rights mechanisms. Prior to serving on the Foreign Affairs Committee, Mr. Killion served in the Department of State’s Bureau of Legislative Affairs (1996-2001) and as a legislative assistant to Congressman David Skaggs (D-Colo.) (1994-1996). Ambassador Killion holds a BA from Wesleyan University in Middletown, Conn., and an MA from the University of California at Los Angeles.
Moldova: The Growing Pains of DemocracyTuesday, January 31, 2012
In this briefing, which Commission Staffer Kyle Parker chaired, the focus was on the progress on the implementation of democratic institutions in the former Soviet Republic of Moldova. The briefing took place on the heels of the December elections in the region of Transnistria and what such elections may have portended for the future in terms of normalization of the conflict in the region that had existed for twenty years at the time of the briefing. To be sure, at the time that the briefing was held, Moldova still had a lot of progress to make regarding human rights commitments, particularly as far as corruption and human trafficking were concerned, two intertwined issues that had been of particular interest to the Commission. However, as far as human rights commitments are concerned, Moldova has led the countries of the commonwealth of independent states.
Good GovernanceSaturday, October 22, 2011
Economic and Environmental Dimension Implementation Meeting Session 3: Good Governance Before I begin, I’d like to thank the panelists today for their excellent and informative presentations. The United States has viewed with keen interest the evolving discussions in recent years on what the OSCE’s priorities should be in the Economic and Environmental Dimension. As our friend and colleague Mr. Svilanovic pointed out during last year’s Vienna Review Conference, we appear to have come to an appreciation that good governance is the key linking theme across the entire second dimension. The Maastricht Strategy is very clear on this point: “Good public and corporate governance and strong institutions are essential foundations for a sound economy, which can attract investments, and thereby enable States to reduce poverty and inequality, to increase social integration and opportunities for all, and to protect the environment. Good governance at all levels contributes to prosperity, stability and security.” As we consider the implementation of our second dimension commitments, however, we should keep in mind why it is important to implement those commitments. The global economic downturn continues to put extreme pressure on people and governments across the OSCE region. To be sure, some countries have weathered the storm better than others. Still, no country can be forever immune to market forces, and even within those that have done well, there are always citizens left behind. This is certainly the case in the United States, and for this reason President Obama is focused intently on how best to put those Americans without a job back to work. We all know that trade and investment are critical drivers of economic growth. Indeed, recognizing this important reality, the Obama Administration has launched the National Export Initiative, which seeks to deepen our strategic trade relationships around the world, recognizing that 85 percent of world GDP growth will occur outside the United States in the coming few years. As we encourage more American businesses – large and small – to embrace international trade, seek opportunities in new markets, and make strategic investments that will lead to increased global trade flows, we are keenly aware of the challenges and costs posed by official corruption, weak institutions, and lack of respect for property rights, including intellectual property. Weak governance and lack of transparency constitute non-tariff barriers to trade, which we have committed ourselves to eliminating. Furthermore, the same issues that deter trade and investment also work against comprehensive security: a lack of transparency in governance leads to diminished confidence that problems and disputes will be addressed in a fair and impartial manner. Without trust and confidence in public institutions, there is little incentive for investors and companies to pursue trade deals or direct investment in those economies. The effect is stagnating economic performance, which, as we have seen in the past several months and years, can lead to political upheaval. The United States Government is deeply committed to fostering good governance and transparency in its political and economic institutions. President Obama has made the global fight against corruption a top priority. As he has noted, “In too many places, the culture of the bribe is a brake on development and prosperity. It discourages entrepreneurship, destroys public trust, and undermines the rule of law while stifling economic growth.” The real world costs of corruption and weak institutions should not be underestimated. The World Bank estimates that more than one trillion dollars in bribes are paid each year out of a global economy of approximately 30 trillion dollars. That's an incredible three percent of the world’s economy. In 2009, companies lost nearly $25 billion to companies willing to pay bribes in deals for which the outcome is known. And bribery is especially costly for small and medium-size enterprises (SMEs): a separate study has shown that up to 25 percent of SME operating capital in companies operating internationally is diverted to corruption. That is a staggering figure that illustrates how corruption diverts scarce resources to thoroughly unproductive ends. Corruption is a global problem that knows no borders. And that’s why corruption demands a truly global response – one that knows no limits on collaboration. The Obama Administration is doing its part to implement its obligations under the OECD Anti-Bribery Convention by enforcing the U.S. Foreign Corrupt Practices Act (FCPA) strictly and fairly. We are determined to ensure that U.S. businesses do not contribute to corruption in foreign markets. At the same time, we are determined to do what we can to assist them in the fight against foreign corruption, and against the high risk and significant costs of corruption in such markets. Regrettably, at this stage, the lack of enforcement of domestic bribery laws, and of foreign bribery laws by many nations that are Parties to the OECD Anti-Bribery Convention is extremely troubling and raises concerns about a lack of political will. Governments can and should prosecute both those who give bribes and those who receive them, both at home and abroad. And the OSCE should continue to encourage participating States to adopt and enforce rigorous anti-bribery regimes. Of course, the fight against corruption is not simply a law enforcement matter; rather it can also be a significant – if not the most significant – non-tariff barrier all companies face. Accordingly, the U.S. Department of Commerce and the International Trade Administration (or ITA) are committed to working with our trading partners to level the playing field and to promote transparent and corruption-free markets globally. Our work to promote clean and ethical business environments occurs at both the multilateral and bilateral level. At the multilateral level, the ITA is pressing its counterparts to lead by example and to implement comprehensive anti-corruption measures. In addition to our work through the OECD, the United States has been working diligently to persuade the G20 countries to adopt a comprehensive anti-corruption action plan, which includes a commitment focused on adoption and robust enforcement of anti-bribery laws, implementation of the UN Convention Against Corruption, greater engagement with the private sector, and support for transparency mechanisms, to name a few. Many of these commitments require our G20 partners to enact and implement new laws and preventive measures. The United States, at ITA’s initiative, in particular, took the lead on proposals relating to the private sector and also on whistleblower protection, within the G20. In the United States, whistleblowers play a crucial role in helping to enforce anti-corruption law. This principle is also embodied in international conventions. Articles 12 and 13 of the UN Convention require States Parties to prevent corruption in the private sector and promote the fight against corruption with the business community and civil society. Unless governments can protect whistleblowers, it is unlikely that they can identify or address systemic causes of corruption. The United States believes robust whistleblower protection should be an essential part of any good governance initiative in the OSCE, and I was encouraged to hear Ambassador O’Leary indicate that this will be an area of focus under the Irish Chairmanship. The U.S. Department of Commerce has also been committed to fostering strong private sector integrity as an integral part of promoting good governance in markets worldwide. Companies are global corporate citizens, and as such, can work collectively and with governments to foster trust, and promote transparency. I hope that some our work may provide a useful model for the OSCE to consider as it looks to embrace good governance and anti-corruption as a priority for the second dimension, a goal we fully support, and which I am personally committed to supporting. For example, the ITA has championed business ethics and corporate governance reform since the early 1990s, following the fall of the Berlin Wall. Our Business Ethics Manual has been translated into Chinese, Spanish and Russian and is still one of the most widely used resources on this important topic. We have partnered with business associations and chambers of commerce to develop collective action and business ethics program in many markets. Our work on business ethics has grown. This past year, the ITA has focused on trying to heighten awareness of good governance, transparency and business ethics in sectors of vital importance to many economies – by taking a “sectoral” approach to combating corruption and promoting good business practice, the challenge of dealing with corruption becomes less daunting. The ethical issues specific to different industries vary greatly – and there is no one-size-fits-all approach to the problem. Within the G20, for example, the United States, at the initiative of the U.S. Department of Commerce, has taken the lead in calling for the G20 to endorse additional sectoral approaches to fighting corruption, beyond the Extractive Industries Transparency Initiative (EITI). We have asked G20 governments, for example, to consider supporting the Construction Sector Transparency Initiative (COST) – a new multistakeholder initiative, developed by the World Bank. COST uses similar approaches to EITI to promote greater transparency in public infrastructure projects and government procurement. I hope that the OSCE might similarly consider COST and other multistakeholder approaches to promoting transparency under the Irish chairmanship. Within APEC, the ITA has focused on developing new ethical principles for key sectors within the APEC region. I am pleased to report that under the APEC SME working group, we have coordinated a project with APEC countries and businesses to develop principles of business ethics in the construction, medical devices and biopharmaceutical sectors. These voluntary principles are meant to be used by businesses and trade associations – large andwithin the OSCE framework and the EEDIM, we might also consider focusing on business ethics in specific sectors of interest to all of our economies. I want to close by suggesting some activities to take the theme of good governance and transparency forward. In addition to encouraging the OSCE to formally endorse the Extractive Industries Transparency Initiative—a move that would send an important signal about this body’s commitment to the principles of good governance and transparency—the U.S. encourages us to explore whether there are additional sectoral initiatives that merit support from the OSCE, including the Construction Sector Transparency Initiative. The United States Government also strongly supports the Irish Chair’s goal to develop a Statement or Declaration of Transparency Principles to help guide our governments in their future activities. I want to encourage us to consider new models of bilateral cooperation to promote good governance such as the model Mr. Murray just discussed, leading to a public-private initiative in the Russian power generation sector. We at the U.S. Department of Commerce are working closely with the Center for Black Sea/Caspian Studies at American University to potentially convene a conference in May of next year that would seek to address the challenge of developing mechanisms to ensure good governance and transparency, while also balancing the goals of protecting national security and accelerating economic development faced by the countries of the Caucasus and Central Asia, as they seek to assert their role as a gateway between Europe and Asia. In addition, the conference will also focus on specific market access challenges to regional integration and economic development in the Caucasus and Central Asia such as transparency in Government procurement and privatization, and trade facilitation challenges, including customs and lack of regional harmonization. It is our hope that the OSCE will join us for this event – focused on critical areas such as transport and infrastructure – to work on tangible ideas for projects and collaborations in the OSCE region. We look forward with great interest to the 20th Economic and Environmental Forum, where we will delve deeper into all the facets of good governance. We also thank the Lithuanian Chairman-in-Office for ensuring that their draft Ministerial Council decision on Energy Security incorporates transparency in the energy sector – in our view, considering the vital role that energy plays in modern economic life, there can be no confidence, and thus no security, without energy transparency. In the year ahead, we envision an even broader focus on transparency principles across the entire spectrum of economic and environmental activities, and will work with all of our colleagues in the OSCE to make that vision a reality. Thank you, Mr. Moderator.
Commissioner Camuñez's Opening Statement at the Economic and Environmental Dimension Implementation MeetingMonday, October 17, 2011
Economic and Environmental Dimension Implementation Meeting Opening Remarks On behalf of the United States, I would like to thank the Lithuanian Chairman-in-Office, Secretary General Zannier, Coordinator for Economic and Environmental Activities Svilanović, and of course our Austrian hosts for convening this inaugural Economic and Environmental Dimension Implementation Meeting and for providing a warm welcome to Vienna. It is an honor to be here today as head of the U.S. delegation to the OSCE, representing the U.S. Government in my capacity as an Assistant Secretary of Commerce for Market Access and Compliance (MAC) within the International Trade Administration, and as a Commissioner to the U.S. Helsinki Commission. As a Commerce Department Assistant Secretary for Market Access and Compliance, I am responsible for helping lead the effort to open new markets for U.S. companies, identifying and eliminating market access challenges such as non-tariff barriers to trade, and helping to monitor and enforce U.S. trade agreements and commitments. The work of the Environmental and Economic Dimension, especially that which focuses on transparency of markets and good governance, is closely aligned with the work we undertake in the International Trade Administration. I am here today to deliver the message that the U.S. Government is highly committed to making the second dimension even more effective and dynamic, and that we will do our part in ensuring that our economic and environmental commitments receive the same level of attention and scrutiny that those in the political-military and human dimensions currently enjoy. I will try to keep my remarks brief, but I think it is critical that we take a close look at the economic and environmental commitments as they were spelled out in the 2003 Maastricht Strategy. We still see Maastricht as the key blueprint for moving forward on all the commitments that have come before, and in particular, note a number of areas where we could pursue significant, substantive action over the next few years to achieve measurable progress. Our commitments on economic cooperation have at their core the idea of connectedness to regional and global markets, to trade and investment networks, and to energy and transportation infrastructure, as a way to address emerging economic challenges and threats. In light of the global economic downturn, it is vital that we recommit ourselves to increasing cooperation through a variety of measures, including improving corporate governance and public management, eliminating unnecessary and discriminatory barriers to trade, continuing to harmonize our regulations and standards where appropriate, taking further steps to combat financial crimes like bribery and money laundering, and increasing confidence through the incorporation of transparency principles in all of our public and private ventures. At the same time, in view of our progress made this year worldwide on empowering women in the economy, first at the Invest for the Future Conference in Istanbul in January and most recently at the APEC Summit in San Francisco, we believe it is important to recognize the critical connection between women and strong economies, and to remove all barriers that prevent women from full and equal participation in the economy. I would like to focus my comments this morning on the subject of good governance, however. We have committed ourselves time and again to “good governance,” and while progress has been made, much work remains to be done. As stated in the 2003 Maastricht Strategy, achieving good governance will require a comprehensive, long-term strategic approach. In the view of the U.S. Government, good governance is the core theme within the economic and environmental dimension, and we are pleased that next year’s Forum will address the topic in a broad and detailed way. When we speak of good governance, we speak about governments having both the propensity and the competence to manage complex political and economic systems in a fair, fully inclusive, and transparent way. Anti-corruption is part of it, but not the whole picture. It’s about having transparent, clear and predictable legislative and regulatory frameworks that foster efficient and low-cost business formation and development, and most importantly allow and even encourage robust participation in the political and economic spheres by civil society. Let me say a few words about my agency’s past and current work in this area, reserving greater details and the highlights of a new proposal for Session III tomorrow. From 1998-2008, the U.S. Department of Commerce launched a Good Governance Program, focused on partnering with the public and private sectors in the countries of the former Soviet Union and Central-Eastern Europe. This work, focused on promoting sound corporate governance and business ethics, culminated in the publication of a Business Ethics Manual, a Commercial Dispute Resolution Handbook, and a Corporate Governance Manual translated into several languages and disseminated widely throughout the OSCE region. Today, we continue to work on numerous initiatives around the world, within multilateral fora such as APEC and the G20, which involve OSCE members, promoting consensus based principles focused on anticorruption. We have taken our business ethics work and branched out into new regions including Asia and Latin America. Despite a clear understanding of its importance, the lack of good governance and systemic corruption remain some of the single most important market access challenges for companies engaged in trade around the world. This is especially true for small and medium sized enterprises, which are the engine of economic growth and innovation throughout the world. The United States believes that addressing these issues can only lead to greater investment, economic prosperity and security. Over the next three days, we will discuss OSCE support for the Extractive Industries Transparency Initiative (EITI). I am pleased to report that the U.S. Department of Commerce played an important role in supporting the creation of the EITI in its initial phase. The OSCE now has a chance to follow in the steps of the G8 and G20, by endorsing the EITI, and I applaud the governments that have preceded the United States as implementers. The EITI is a great example of how shared commitments towards good governance and transparency in a vital sector to many countries can work and build sustained momentum and engagement between the private sector, governments and civil society. Tomorrow I will share more concrete information about the work that the U.S. Government and my Department have undertaken to promote good governance and to combat corruption. I am pleased to have an expert on business ethics and anti-corruption in the energy sector, as part of the U.S. delegation. Mr. Matthew Murray runs the Center for Business Ethics and Corporate Governance in St. Petersburg, Russia, and he’ll speak to you later about a good governance initiative involving public and private stakeholders in the power generation sector in Russia, which may serve as a model for similar programs in other OSCE countries. I am also pleased to have Kate Watters of Crude Accountability joining the U.S. delegation, who will provide some examples of how transparency is a critical component of enhancing security in the environmental sphere. A month ago, the Economic and Environmental Forum discussed the concept of sustainability and where efforts to promote sustainable practices stand in our region. Those discussions remind us that our commitments on sustainable development encompass a broad spectrum of activities related to efficiency, sound resource management, and the full involvement of all stakeholders in decision-making. Just to cite an example from the Prague Forum, we recognize that in order to further develop economies and markets in such varied areas as the Black Sea region and Central Asia we will need to address several problems: improving the efficiency of border crossings and building construction, tilting the energy mix towards cleaner fuels, harmonizing standards and practices across the region, and, just as critically, ensuring broad involvement of civil society in the decision-making on project proposal, design, and implementation. One thing that sets the OSCE apart from many other organizations addressing the environment is recognition of the clear connection between the environment and security. We recognize that many environmental disasters cannot be predicted or prevented. At the same time, greater transparency – through information sharing and civil society engagement – about possible security risks stemming from the environment will make it possible to prevent or mitigate more disasters, both natural and man-made. We also must recognize that failure to protect the environment is itself a security risk, putting increased pressure on populations facing dwindling resources of clean air and water, arable farmland, and adequate energy. Colleagues, The next three days provide a critical juncture and platform for finding consensus on measures that will improve our implementation of the OSCE commitments in the economic and environmental dimension. The Vilnius Ministerial is only a month and a half away; now is the time to summon the political will to find a way forward. We look forward to building consensus on decisions on energy security, to include good governance and transparency, and we welcome constructive dialogue on additional measures proposed on confidence-building initiatives and sustainable transport. We view these elements, along with sustainable development and protecting the environment, as the cornerstones of the Maastricht Strategy, and will be speaking about these over the next several days. Just a month ago, we found some convergence of opinion on discrete aspects of the second dimension. Let us expand that convergence to the entire dimension as we review our economic and environmental commitments over the next few days, with a view toward substantive deliverables for Vilnius. Thank you, Mr. Moderator.
in the news
Cardin: Take Action Against Child SlaveryFriday, April 02, 2010
More than a century after ratification of the 13th Amendment, thousands of slaves are still transported to America each year. The International Labor Organization estimates that over 12 million people worldwide are held in bondage at any point in time, nearly 2 million of whom are child sex slaves. Modern day human traffickers have developed creative and ruthless methods to extend the practice of slavery into the 21st century, making their crimes more difficult to detect and counter. The United States, starting with leadership from the U.S. Helsinki Commission, has always been at the forefront of combating these crimes, but more work remains, not only at home, but abroad where developing nations often lack the resources and mechanisms to confront traffickers. That is why Senators Barbara Boxer (D-CA), Sam Brownback (R-KS) and I recently introduced the Child Protection Compact Act. This legislation is critical to protecting children, the most vulnerable prey of human traffickers. This bill will help coordinate an international response against trafficking in persons by empowering the State Department to partner with foreign governments, so a lack of resources in one country does not mean a lack of action to protect children from these crimes. Under this legislation, if a government demonstrates a commitment to eliminate trafficking, they will qualify for a 3-year agreement with the Secretary of State. The agreements, or compacts, will identify effective measures to address institutional weaknesses and increase local governments' capacity. Under the agreement, the United States would provide up to $15 million to support government initiatives such as improved law enforcement, victim-friendly courts, and shelters for rescued children. The Senate bill is similar to legislation introduced in the House of Representatives by my colleague on the Helsinki Commission, Rep. Chris Smith (R-NJ), whose bill has attracted 95 bipartisan cosponsors. By supporting bills like ours, lawmakers stand up to remind the world that slavery in all forms is unacceptable. The Child Protection Compact Act is the next stage of the American effort in leading the world in fighting this atrocity.
Commission Plays Leading Role at Parliamentary Assembly in LithuaniaTuesday, August 18, 2009
By Robert A. Hand, Policy Advisor A bipartisan U.S. delegation traveled to Vilnius, Lithuania June 29 for the 18th Annual Session of the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA). The delegation participated fully in the activity of the Assembly’s Standing Committee, the plenary sessions and the Assembly’s three General Committees. Helsinki Commission Chairman Senator Benjamin L. Cardin led the delegation, which included the following commissioners: Co-Chairman Congressman Alcee L. Hastings, Ranking Minority Member Chris Smith, and Senator Roger Wicker, Representatives Louise McIntosh Slaughter, Mike McIntyre, G.K. Butterfield and Robert B. Aderholt. Senate Assistant Majority Leader Dick Durbin, Senator George Voinovich and Representatives Lloyd Doggett, Madeleine Z. Bordallo and Gwen Moore also joined the delegation. Background of the OSCE PA The Parliamentary Assembly was created within the framework of the OSCE as an independent, consultative body consisting of more than 300 parliamentarians from each of the 56 countries, which stretch from the United States and Canada throughout Europe, the Caucasus and Central Asia. The Annual Sessions are the chief venue for debating international issues and voting on a declaration addressing human rights, democratic development, rule of law, economic, environmental and security concerns among the participating States and the international community. The United States delegation is allotted 17 seats in the Assembly. Robust Congressional participation has been a hallmark of the Parliamentary Assembly since its inception nearly 20 years ago, ensuring U.S. interests are raised and discussed. 18th Annual Session This year’s Annual Session, hosted by the Parliament (Seimas) of Lithuania from June 29 to July 3, brought together more than 500 participants from 50 of the 56 OSCE participating States under the theme: “The OSCE: Addressing New Security Challenges.” The Standing Committee -- the Assembly’s leadership body (composed of Heads of Delegations from the participating States and the elected officers) -- met prior to the Annual Session. Senator Cardin, as Head of Delegation and an OSCE PA Vice President, represented the United States. Chaired by the OSCE PA President, Portuguese parliamentarian João Soares, the committee heard reports from the Assembly’s Treasurer, German parliamentarian Hans Reidel, and from the Assembly’s Secretary General, R. Spencer Oliver of the United States. The Assembly continues to operate well within its overall budget guidelines and to receive positive assessments from auditors on financial management. The committee unanimously approved the proposed budget for 2009-2010. The Standing Committee also approved several changes in the OSCE PA’s Rules of Procedure, especially related to gender balance and the holding of elections for officers, as well as 24 Supplementary Items or resolutions for consideration in plenary or committee sessions. The committee brought up as an urgent matter a resolution regarding the detention of Iranian citizens employed by the British Embassy in Tehran. Senator Cardin spoke in support of the resolution. With the Standing Committee’s business concluded, Assembly President Soares opened the Inaugural Plenary Session, stressing in his opening remarks the need for OSCE reform. The first session concluded with a discussion of gender issues led by Swedish parliamentarian Tone Tingsgaard that included comments from Rep. Gwen Moore. A Special Plenary Session the next day was scheduled to accommodate the OSCE Chair-in-Office, Greek Foreign Minister Dora Bakoyannis, who had just presided over an informal meeting of OSCE foreign ministers in Corfu, Greece, to launch a new, high-level dialogue on European security. Senator Cardin attended the Corfu meeting as a representative of the OSCE Parliamentary Assembly. Following her speech, Bakoyannis engaged in a dialogue with parliamentarians on a number of OSCE issues. Lithuanian Foreign Minister Vygaudas Usackas also addressed the special session. Lithuania will chair the OSCE in 2011. U.S. Member Involvement The U.S. delegation actively participated in the work of the Assembly’s three General Committees – the first committee for Political Affairs and Security; the second for Economic Affairs, Science, Technology and the Environment; and the third on Democracy, Human Rights and Humanitarian Questions. Each committee considered its own draft resolution, prepared by an elected Rapporteur, as well as 23 of the 25 Supplementary Items. Two Supplementary Items, including one by President Soares on Strengthening the OSCE, were considered in plenary session. Representatives Chris Smith, Mike McIntyre, and Gwen Moore each proposed resolutions that were adopted dealing with freedom of expression on the Internet, international cooperation in Afghanistan, and prevention of maternal mortality respectively. Members of the U.S. delegation were also instrumental in garnering support for Supplementary Items introduced by others, co-sponsoring eight resolutions introduced by delegations of other countries. The U.S. delegation was responsible for 26 amendments to either the committee draft resolutions or various Supplementary Items. Chairman Cardin proposed climate-related amendments to a resolution on energy security and suggested the OSCE initiate work with Pakistan in the resolution on Afghanistan. Co-Chairman Hastings worked on numerous human rights and tolerance issues. Other amendments were sponsored by: Sen. Durbin on improving international access to clean water; Sen. Voinovich on combating anti-Semitism; Sen. Wicker on preserving cultural heritage; Rep. Smith on preventing the abuse of children; and Rep. Butterfield on responding to climate change. Bilateral Meetings The U.S. delegation also engaged in a variety of activities associated with the Annual Session, holding bilateral meetings with the delegations of Russia and Georgia focusing on their respective internal political developments and the tension in the Caucasus since Russia invaded Georgia last August and then sought to legitimize breakaway regions. Separate meetings were also held with Lithuanian President Valdas Adamkus and other Lithuanian leaders, at which the delegation pressed for new laws to resolve outstanding claims of property seized during the Nazi and Communist eras. The delegation also presented President Adamkus a letter from President Barack Obama on the occasion of the 1000th anniversary of the first written reference to Lithuania. Members of the U.S. delegation attended a working lunch to discuss gender issues, hosted by Swedish parliamentarian Tingsgaard. A variety of social events, including a reception hosted by the British delegation at their embassy, afforded numerous informal opportunities to discuss issues of common concern. U.S. Leadership As a demonstration of active U.S. engagement, a Member of the U.S. Congress has always held some elected or appointed leadership role in the OSCE PA. The Vilnius Annual Session has allowed this to continue at least through July 2012. Chairman Cardin was reelected to a three-year term as one of nine Vice Presidents, a very welcome development given his long record of OSCE engagement going back to his years in the House of Representatives. Rep. Aderholt, who has attended every OSCE PA Annual Session since 2002 and often visits European countries to press human rights issues, was elected Vice Chair of the third General Committee, which handles democracy and human rights. President Soares was reelected for a second term and selected Rep. Smith to serve as a Special Representative on Human Trafficking and asked Co-Chairman Hastings to continue serving as Special Representative on Mediterranean Affairs. An unfortunate development in the election of new officers is the absence of a representative of the Russian Federation. Because the United States government may disagree so substantively with current Kremlin policies, the U.S. government has always felt it critical to welcome Russian engagement in the OSCE PA. It was, therefore, a disappointment that the head of the Russian Federation delegation, Alexander Kozlovsky, reversed course and decided not to run for a Vice Presidency seat and more disappointing that a political bloc at the OSCE PA defeated Russian incumbent Natalia Karpovich as rapporteur of the Third Committee. Karpovich had been accommodating of U.S. human rights initiatives in her draft resolution. Vilnius Declaration Participants at the closing plenary session adopted the final Vilnius Declaration -- a lengthy document which reflects the initiatives and input of the U.S. delegation. Among other things, the declaration calls for strengthening the OSCE in order to enhance its legitimacy and political relevance; addresses conventional arms control, disarmament and other security-related issues of current concern in Europe; calls for greater cooperation in the energy sector and better protection of the environment; and stresses the continued importance of democratic development and respect for human rights, especially as they relate to tolerance in society and freedom of expression. The most contentious part of the declaration related to the promotion of human rights and civil liberties twenty years after the fall of the Berlin Wall, which included language noting the 70th anniversary of the Molotov-Ribbentrop Pact. While some of the language may have been provocative, strong Russian objections to the entire text appeared to be motivated by a desire to defend a Stalinist past and minimize its crimes. The Russian delegation’s effort to block passage of this resolution reflects a similar sentiment in Moscow that recently led to the creation of a widely-criticized commission "for counteracting attempts to falsify history to the detriment of Russia's interests." As a July 9 column for The Economist noted about recent Russian efforts to excuse Stalinism, the “debate in Vilnius makes it a bit harder to maintain that stance.” Some of Russia’s traditional friends and allies in the OSCE PA were noticeably absent from the debate. The Balkans While the Congressional delegation’s work focused heavily on representing the United States at the OSCE PA, the trip afforded an opportunity to advance U.S. interests elsewhere in Europe. While Co-Chairman Hastings traveled to Albania to observe that country’s first parliamentary elections since becoming a NATO member earlier this year, the rest of the delegation visited Bosnia-Herzegovina. Bosnia-Herzegovina is still recovering from the conflict in the 1990s and the associated horrors of the Srebrenica genocide and massive ethnic cleansing. The reverberations of the conflict continue to hinder prospects for European and Euro-Atlantic integration. The United States was instrumental in bringing the Bosnian conflict to an end in 1995, especially with the negotiation of the Dayton Agreement, and the United States has invested considerable financial, diplomatic and military resources in the post-conflict period. The visit came one month after Vice President Joe Biden visited Sarajevo with a message of renewed U.S. engagement in the Balkans. While meetings with Bosnian political leaders revealed little willingness to work constructively toward constitutional reform needed for an effective central government, a meeting with English-speaking university students revealed a refreshing desire to overcome ethnic divisions and move the country forward. Belarus Given its proximity to Vilnius, members of the Congressional delegation visited Minsk, the capital of Belarus, to press for greater democracy and respect for human rights in that country. Belarus has remained a repressive state over the years even as its European neighbors have transitioned from being former Soviet or Warsaw Pact states to EU and NATO members or aspirants. Following a delegation meeting with President Alexander Lukashenka, Belarusian authorities released imprisoned American Emanuel Zeltzer, who was convicted of espionage in a closed trial and had numerous health concerns. The delegation also urged for greater progress in meeting the conditions in the Belarus Democracy Act passed by the U.S. Congress in 2004 and reauthorized in 2006. A meeting with political activists provided useful information on the situation for political opposition, non-governmental organizations and independent media. Finally, the delegation pressed Belarus’ officials to allow for an increased U.S. diplomatic presence in the country. In response to expanding U.S. sanctions, Minsk kicked out 30 diplomats last year, including the U.S. ambassador, leaving a staff of five at the U.S. Embassy. During the course of the Vilnius Annual Session, Senator Voinovich also broke away for a brief visit to Riga, Latvia. That visit was among the highest level visits from a U.S. official in three years, and was important for our relations with this NATO ally, which has deployed troops with Americans in Afghanistan without caveat and recently suffered losses which easily impact such a small country. U.S. interests abroad are advanced through active congressional participation in the OSCE PA. The 19th Annual Session of the OSCE Parliamentary Assembly will be held early next July in Oslo, Norway.
Georgia Rebuilds: After the August Conflict with Russia, Political and Economic Challenges RemainWednesday, November 19, 2008
By Shelly Han, Winsome Packer, and Kyle Parker From October 14-18, Commission staff traveled to Georgia to assess recovery efforts following the conflict with Russia in early August. Through a series of meetings with Georgian officials, the Organization for Security and Cooperation in Europe, the European Union, the U.S. embassy, as well as private companies, Georgian citizens, human rights groups, local and foreign analysts, and non-governmental organizations, the staff learned that tremendous progress has been made in restoring critical infrastructure and returning many internally displaced persons to their homes. However, the political and economic situation in Georgia remains fragile. While the origins of the conflict that began on August 7 are still being debated, what is clear is the tremendous cost politically, economically and socially to Georgia. Human Rights Watch, one of the few NGOs that gained access to South Ossetia immediately after the conflict, estimates that 95 percent of Georgian villages in South Ossetia were razed, and an untold number of houses have been looted and burned. South Ossetians told HRW that the burning of houses was deliberate in order to prevent the return of Georgians. HRW estimates that most of the damage was done by South Ossetian irregulars or foreign “volunteers” - not Russian troops. Russian troops had effective control of the territory but chose not to enforce law and order, making them complicit in these crimes. HRW was not able to corroborate any of the Russian allegations of Georgian atrocities inside South Ossetia, though it has accused Tbilisi of using cluster bombs. HRW has documented instances of excessive use of force by Georgian troops, but is still sorting out the facts surrounding these actions. International Monitoring Efforts Lack Access, Coordination Both the OSCE and the European Union have deployed monitors to Georgia, but have not been granted access to South Ossetia. Representatives of the EU Monitoring Mission to Georgia told Helsinki Commission staff that the monitors were unarmed and not there to provide security. Rather, their stated mission was to observe Georgian and Russian compliance with the August 12 and September 8 peace agreements between Russia and Georgia. There also seemed to be little effort to coordinate the two observation missions. Both the EU and OSCE representatives downplayed questions about a lack of coordination (as reported in Vienna by the OSCE Head of Mission in Georgia). They said that it was a matter of time and process dictating how they proceeded. Economic Cost of Conflict The economic consequences of the conflict for Georgia have been staggering. One of the keys to recovery will be boosting consumer confidence, and also reassuring investors that Georgia is a safe and stable market. Almost 24 percent of Georgia’s GDP comes from foreign direct investment (Kazakhstan and Azerbaijan are significant investors) and there are signs that FDI may decrease following the conflict. Out of a pledged $1 billion in aid, the United States is providing $250 million in direct budget support to the Georgian government to help repair infrastructure and build houses for IDPs. Other donors have agreed to provide a further $3.5 billion in aid which, if distributed properly, will help Georgia weather the crisis. Commission staff visited the Black Sea port of Poti. Georgia’s main transit point for imports and exports, the port was bombed during the conflict, resulting in the death of 5 workers and an estimated US$10 million in damages. But by mid-October, commerce was almost back to normal. Georgia’s Coast Guard offices, which had been substantially damaged, were almost completely repaired. The Navy and the Coast Guard lost eight ships during the conflict, but their newer ships were evacuated to the southern port of Batumi and escaped with only minor damage. One of the hardest hit regions was the area surrounding the city of Gori, Georgia’s “breadbasket,” where up to 60 percent of the agriculture was destroyed. The U.S. Agency for International Development is spearheading a wheat seed program to help farmers plant the next crop. Irrigation is also a significant issue, since much of the water was coming from South Ossetia and irrigation canals were damaged. Alternative irrigation sources were being quickly developed to help farmers continue supplying the market. The OSCE, which was implementing extensive economic development projects in South Ossetia, has been forced to cease all programs in that region. Other micro-enterprise development programs, such as trout farms and beekeeping located in the buffer zones around South Ossetia, have been quickly re-started. Another issue that could become a flash-point in the future is the Inguri Dam, a hydroelectric facility that supplies half of Georgia’s electricity needs. The dam itself is on territory that the Georgian government controls, but the facility that provides the electricity is on territory controlled by Abkhaz separatists and their Russian allies. They could theoretically turn off the electricity for many Georgians, but Georgian authorities could counter by shutting down the dam, thus denying the Abkhaz the ability to generate electricity. Cost of Conflict is High for those Displaced from their Homes The situation for internally displaced persons in Georgia is critical. On October 9 Commission staff visited an IDP camp in Gori that was slated to be dismantled later that day. Most of the residents were being returned to their homes in the “buffer zone” adjacent to the South Ossetian border that up until the day prior had been controlled by Russian forces. As the Russians withdrew, the Georgian government was working quickly to return the IDPs to their homes. In fact, international aid agencies believed Tbilisi was moving a bit too quickly, as safety concerns remained – specifically, unexploded ordinance in the buffer zone and reports of possible sabotage. Nevertheless, the IDPs were packing up their meager belongings and preparing to leave. Those who couldn’t do so - those from South Ossetia and Akhalgori - were going to be sent to centers in the Tbilisi area. A number of aid agencies are providing assistance with food and other daily needs. One group, CHF International, provides assistance to IDPs that are living with relatives. These host families - many of whom were barely making ends meet - are stretched to the breaking point. CHF International provides fuel, extra bedding, food, or other aid that a household might need to support extra family members for an extended period of time. The Georgian government has also launched a massive construction effort to build thousands of houses for the “new” IDPs. While this effort was praised by many, it could become a source of discontent among those displaced in previous conflicts and still living in substandard conditions. Georgia Faces a Difficult Road Ahead The effectiveness of international monitoring as a deterrent to future military conflict in Georgia is uncertain. It is clear from discussions with analysts that disagreements on the delineation of the South Ossetian “border,” particularly around the city of Akhalgori, will continue to be a point of contention. As more information becomes available on what actually happened in the lead-up to the conflict in early August, it also raises questions about the effectiveness of these missions as a deterrent. Independent reports suggest that there were nearly 100,000 Russian troops in the vicinity of South Ossetia immediately preceding the fighting and it is now clear that there was a serious breakdown of early warning mechanisms that were designed to prevent this type of conflict scenario. The exact role of the monitors and their geographical range is in dispute. Russian officials continue to argue at the OSCE and other fora that the monitors are there to ensure stability and security. At the same time Russian officials are charging that the EU monitors are failing to maintain adequate security in the areas bordering South Ossetia and Abkhazia and that Georgian military and police forces are engaged in provocations and attacks against South Ossetians and Russian personnel inside South Ossetia. Ironically, the OSCE and EU Missions reported that their monitors still did not have access to South Ossetia, Abkhazia, and the Akhalgori district (now administered by Russian and South Ossetian forces). This raises concerns about Russia’s intent in denying monitors access to the regions now under their control, while demanding that the monitors ensure security in these areas. Russo-Georgian relations, which have been tense for years, have reached a nadir in the wake of Russia’s invasion of Georgia and subsequent recognition of South Ossetia and Abkhazia. Russian Foreign Minister Lavrov made no attempt to conceal from U.S. Secretary of State Rice that getting rid of Georgian President Mikhail Saakashvili was a key Moscow aim. As of this writing, however, he remains in office, despite Moscow’s efforts to unseat him and attempts by opposition forces to call him to account. He has so far weathered the political consequences of presiding over a stunning military defeat, the loss of South Ossetia and Abkhazia, and having to deal with thousands more displaced people. Responding to pressure from inside and outside the country, Saakashvili has pledged to introduce serious reforms, which would help promote stability within Georgia. How Tbilisi can reestablish normal relations with Moscow is harder to divine.
2008 Human Dimension Implementation MeetingTuesday, November 18, 2008
The OSCE’s 2008 Human Dimension Implementation Meeting offered an opportunity to review compliance on a full range of human rights and humanitarian commitments of the organization’s participating States. Tolerance issues featured prominently in the discussions, which included calls for sustained efforts to combat anti-Semitism and other forms of discrimination. A U.S. proposal for a high-level conference on tolerance issues in 2009, however, met with only tepid support. Core human rights issues, including freedom of speech and freedom of religion, continued to draw large numbers of speakers. Throughout the discussions, non-governmental organizations (NGOs) expressed concern about Kazakhstan’s failure to implement promised reforms and questioned its readiness to serve as OSCE Chair-in-Office in 2010. Greece, slated to assume the chairmanship in January, came under criticism for its treatment of ethnic minorities. As in the past, the United State faced criticism for retaining the death penalty and for its conduct in counter-terrorism operations. Belarusian elections, held on the eve of the HDIM, came in for a round of criticism, while Russia continued to advocate proposals on election observation that would significantly limit the OSCE’s independence in such activities. Finally, discussion of the Russia-Georgia conflict was conspicuous by its near absence, though related human rights and humanitarian concerns will likely receive more prominence in the lead up to and during the December OSCE Ministerial in Helsinki. Background From September 29 to October 10, 2008, the OSCE participating States met in Warsaw, Poland, for the annual(1) Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest human rights gathering, convened to discuss compliance by the participating States with the full range of human dimension commitments they have all adopted by consensus. The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), according to an agenda approved by consensus of all 56 participating States. The HDIM is the only multinational human rights meeting in Europe where representatives of NGOs and government representatives have equal access to the speakers list. Indeed, over half of the statements delivered at this year’s HDIM were made by NGO representatives. Such implementation review meetings are intended to serve as the participating States’ principal venue for public diplomacy and are important vehicles for identifying continued areas of poor human rights performance. Although the HDIM is not tasked with decision-making responsibilities, the meetings can provide impetus for further focus on particular human dimension concerns and help shape priorities for subsequent action. Coming in advance of ministerial meetings that are usually held in December, the HDIMs provide an additional opportunity for consultations among the participating States on human dimension issues that may be addressed by Ministers. (This year, for example, there were discussions on the margins regarding a possible Ministerial resolution on equal access to education for Roma and advancing work in the field of tolerance and non-discrimination, including the possibility of convening a related high-level meeting in 2009.) OSCE rules, adopted by consensus, allow NGOs to have access to human dimension meetings. However, this general rule does not apply to “persons and organizations which resort to the use of violence or publicly condone terrorism or the use of violence.”(2) There are no other grounds for exclusion. The decision as to whether or not a particular individual or NGO runs afoul of this rule is made by the Chairman-in-Office. In recent years, some governments have tried to limit or restrict NGO access at OSCE meetings in an effort to avoid scrutiny and criticism of their records. This year, in the run up to the HDIM, Turkmenistan held the draft agenda for the meeting hostage, refusing to give consensus as part of an effort to block the registration of Turkmenistan NGOs which have previously attended the implementation meetings and criticized Ashgabat. Turkmenistan officials finally relented and allowed the adoption of the HDIM agenda in late July, but did not participate in the Warsaw meeting. Along these lines, the Russian delegation walked out in protest when the NGO “Russian-Chechen Friendship Society” took the floor to speak during a session on freedom of the media. At the 2008 HDIM, senior Department of State participants included Ambassador W. Robert Pearson, Head of Delegation; Ambassador Julie Finley, Head of the U.S. Mission to the OSCE; Ambassador Karen Stewart, Principal Deputy Assistant Secretary of State for Democracy, Human Rights and Labor; and Mr. Bruce Turner, Acting Director, Office for European Security and Political Affairs. Mr. Will Inboden, advisor on religious freedom issues, and Mr. Nathan Mick, advisor on Roma issues, served as Public Members. Ms. Felice Gaer, Chair of the U.S. Commission on Religious Freedom, and Mr. Michael Cromartie, Vice Chair, also served as members of the delegation. Helsinki Commission Chief of Staff Fred L. Turner and Senior State Department Advisor Ambassador Clifford Bond also served as members of the U.S. Delegation, along with Helsinki Commission staff members Alex T. Johnson, Ronald J. McNamara, Winsome Packer, Erika B. Schlager, and Dr. Mischa E. Thompson. In comparison with previous HDIMs, the 2008 meeting was relatively subdued – perhaps surprisingly so given that, roughly eight weeks before its opening, Russian tanks had rolled onto Georgian territory. While the full scope of human rights abuses were not known by the time the meeting opened, human rights defenders had already documented serious rights violations, including the targeting of villages in South Ossetia inhabited by ethnic Georgians. Nevertheless, discussion of the Russian-Georgian conflict was largely conspicuous by its near absence. Highlights The annual HDIM agenda provides a soup-to-nuts review of the implementation of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. The United States continued its longstanding practice of naming specific countries and cases of concern. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. This year, those subjects were: 1) education and awareness-raising in the promotion of human rights; 2) freedom of religion or belief; and 3) focus on identification, assistance and access to justice for the victims of trafficking. Of the three, the sessions on religious liberty attracted the most speakers with over 50 statements. A large number of side events were also part of the HDIM, organized by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States. These side events augment implementation review sessions by providing an opportunity to examine specific subjects or countries in greater depth and often with a more lively exchange than in the formal sessions. Along with active participation at these side events, the United States held extensive bilateral meetings with government representatives, as well as with OSCE officials and NGO representatives. At the end of the second week of the HDIM, Human Rights Directors from capitals also held a working meeting to discuss issues of mutual concern, with a special focus on United Nations Security Council Resolution 1325, on women, peace and security. This year, the U.S. Commission on International Religious Freedom also hosted a reception to honor the OSCE Panel of Experts on Freedom of Religion or Belief, as well as the tenth anniversary of the U.S. International Religious Freedom Act and the 60th anniversary of the UN Declaration of Human Rights. Greece, scheduled to assume the chairmanship of the OSCE starting in January 2009, came under particular criticism for its treatment of minorities. Unlike the highly emotional reactions of senior Greek diplomats in Warsaw two years ago, the delegation this year responded to critics by circulating position papers elaborating the Greek government’s views. Greece also responded to U.S. criticism regarding the application of Sharia law to Muslim women in Thrace by stating that Greece is prepared to abolish the application of the Sharia law to members of the Muslim minority in Thrace when this is requested by the interested parties whom it affects directly. Issues relating to the treatment of ethnic, linguistic and religious minorities in the OSCE region are likely to remain an important OSCE focus in the coming period, especially in light of developments in the Caucasus, and it remains to be seen how the Greek chairmanship will address these concerns in light of its own rigid approach to minorities in its domestic policies. Throughout the HDIM, many NGOs continued to express concern about the fitness of Kazakhstan to serve as OSCE Chair-in-Office in 2010 given serious short comings in that country’s human rights record. In particular, Kazakhstan was sharply criticized for a draft religion law (passed by parliament, but not yet adopted into law). One NGO argued that a Kazakhstan chairmanship, with this law in place, would undermine the integrity of the OSCE, and urged participating States to reconsider Kazakhstan for the 2010 leadership position if the law is enacted. Juxtaposing Kazakhstan’s future chairmanship with the possible final passage of a retrograde law on religion, the Almaty Helsinki Committee asked the assembled representatives, “Are human rights still a priority – or not?” (Meanwhile, on October 5, Secretary of State Condoleezza Rice visited Kazakhstan.) On the eve of the HDIM, Belarus held elections. Those elections received considerable critical attention during the HDIM’s focus on democratic elections, with the United States and numerous others expressing disappointment that the elections did not meet OSCE commitments, despite promises by senior Belarusian officials that improvements would be forthcoming. Norway and several other speakers voiced particular concern over pressures being placed on ODIHR to circumscribe its election observation activities. Illustrating those pressures, the Russian Federation reiterated elements of a proposal it drafted on election observation that would significantly limit the independence of ODIHR in its election observation work. The Head of the U.S. Delegation noted that an invitation for the OSCE to observe the November elections in the United States was issued early and without conditions as to the size or scope of the observation. (Russia and others have attempted to impose numerical and other limitations on election observation missions undertaken by the ODIHR and the OSCE Parliamentary Assembly.) Tolerance issues featured prominently during discussions this year, as they have at other recent HDIMs. Forty-three interventions were made, forcing the moderator to close the speakers list and requiring presenters to truncate their remarks. Muslim, migrant, and other groups representing visible minorities focused on discrimination in immigration policies, employment, housing, and other sectors, including racial profiling and hate crimes, amidst calls for OSCE countries to improve implementation of existing anti-discrimination laws. Jewish and other NGOs called for sustained efforts to combat anti-Semitism. Representatives of religious communities expressed concern about the confusion made by ODIHR in its Annual Hate Crimes Report between religious liberty issues and intolerance towards members of religious groups. This year, some governments and NGOs elevated their concerns relating to gay, lesbian, bisexual and transgender persons, increasingly placing these concerns in the context of the OSCE’s focus on hate crimes. A civil society tolerance pre-HDIM meeting and numerous side events were held on a broad range of tolerance-related topics. The United States and several U.S.-based NGOS called for a high-level conference on tolerance issues to be held in 2009. Unlike in prior years, however, no other State echoed this proposal or stepped forward with an offer to host such a high-level conference. In many of the formal implementation review sessions this year, NGOs made reference to specific decisions of the European Court on Human Rights, urging governments to implement judgments handed down in recent cases. During the discussion of issues relating to Roma, NGOs continued to place a strong focus on the situation in Italy, where Roma (and immigrants) have been the target of hate crimes and mob violence. NGOs reminded Italy that, at the OSCE Supplementary Human Dimension Meeting in July, they had urged Italy to come to the HDIM with concrete information regarding the prosecution of individuals for violent attacks against Roma. Regrettably, the Italian delegation was unable to provide any information on prosecutions, fostering the impression that a climate of impunity persists in Italy. As at other OSCE fora, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among the OSCE participating States. Of the 56 OSCE participating States, 54 have abolished, suspended or imposed a moratorium on the death penalty and only two – the United States and Belarus – continue to impose capital punishment as a criminal sanction. Two side events held during the HDIM also put a spotlight on the United States. The first event was organized by Freedom House and entitled, “Today’s American: How Free?” At this event, Freedom House released a book by the same title which examined “the state of freedom and justice in post-9/11 America.” The second event was a panel discussion on “War on Terror or War on Human Rights?” organized by the American Civil Liberties Union. Speakers from the ACLU, Amnesty International and the Polish Human Rights Foundation largely focused on issues relating to the United States, including the military commission trials at Guantanamo, and official Polish investigations into allegations that Poland (working with the United States) was involved in providing secret prisons for the detention and torture of “high-value” detainees.(3) In a somewhat novel development, Russian Government views were echoed by several like-minded NGOs which raised issues ranging from claims of “genocide” by Georgia in South Ossetia to grievances by ethnic Russians in Latvia and Estonia. Ironically, the Russian delegation, in its closing statement, asserted that this year’s HDIM had an “improved atmosphere” due (it was asserted) to the efforts by both governments and NGOs to find solutions to problems rather than casting blame. As at past HDIMs, some sessions generated such strong interest that the time allotted was insufficient to accommodate all those who wished to contribute to the discussion. For example, the session on freedom of the media was severely constrained, with more than 20 individuals unable to take the floor in the time allotted, and several countries unable to exercise rights of reply. Conversely, some sessions – for example, the session on equal opportunity for men and women, and the session on human dimension activities and projects – had, in terms of unused time available, an embarrassment of riches. Following a general pattern, Turkmenistan was again not present at the HDIM sessions this year.(4) In all, 53 participating States were represented at the meeting. At the closing session, the United States raised issues of particular concern relating to Turkmenistan under the “any other business” agenda item. (This is the sixth year in a row that the United States has made a special statement about the situation in Turkmenistan, a country that some view as having the worst human rights record in the OSCE.) For the past two years, there has been a new government in Turkmenistan. The U.S. statement this year noted some positive changes, but urged the new government to continue the momentum on reform by fully implementing steps it already has begun. In addition, the United States called for information on and access to Turkmenistan’s former representative to the OSCE, Batyr Berdiev. Berdiev, once Turkmenistan’s ambassador to the OSCE, was reportedly among the large number of people arrested following an attack on then-President Niyazov’s motorcade in 2002. His fate and whereabouts remain unknown. OSCE PA President João Soares addressed the closing plenary, the most senior Assembly official to participate in an HDIM meeting. The Russian-Georgian Conflict With the outbreak of armed violence between Russia and Georgia occurring only two months earlier, the war in South Ossetia would have seemed a natural subject for discussion during the HDIM. As a human rights forum, the meeting was unlikely to serve as a venue to debate the origins of the conflict, but there were expectations that participants would engage in a meaningful discussion of the human dimension of the tragedy and efforts to stem ongoing rights violations. As it turned out, this view was not widely shared by many of the governments and NGOs participating in the meeting. The opening plenary session foreshadowed the approach to this subject followed through most of the meeting. Among the senior OSCE officials, only High Commissioner on National Minorities Knut Vollebaek squarely addressed the situation in the south Caucasus. Vollebaek condemned the19th century-style politicization of national minority issues in the region and the violation of international borders. At the time of the crisis, he had cautioned against the practice of “conferring citizenship en masse to residents of other States” (a reference to Russian actions in South Ossetia) and warned that “the presence of one's citizens or ‘ethnic kin’ abroad must not be used as a justification for undermining the sovereignty and territorial integrity of other States.” Sadly, that sound advice went unobserved in Georgia, but it is still applicable elsewhere in the OSCE region.(5) The statement delivered by France on behalf of the countries of the European Union failed to address the conflict. During the plenary, only Norway and Switzerland joined the United States in raising humanitarian concerns stemming from the conflict. In reply, the head of the Russian delegation delivered a tough statement which sidestepped humanitarian concerns, declaring that discussion of Georgia’s territorial integrity was now “irrelevant.” He called on participating States to adopt a pragmatic approach and urged acknowledgment of the creation of the new sovereign states of Abkhazia and South Ossetia, terming their independence “irreversible” and “irrevocable.” Perhaps more surprising than this Russian bluster was the failure of any major NGO, including those who had been active in the conflict zone collecting information and working on humanitarian relief, to take advantage of the opportunity to raise the issue of South Ossetia during the opening plenary. As the HDIM moved into its working sessions, which cover the principal OSCE human dimension commitments, coverage of the conflict fared better. The Representative on Freedom of the Media remarked, in opening the session on free speech and freedom of the media that, for the first time in some years, two OSCE participating States were at war. During that session, he and other speakers called on the Russian Federation to permit independent media access to occupied areas to investigate the charges and counter-charges of genocide and ethnic cleansing. The tolerance discussion included calls by several delegations for Russia to cooperate and respond favorably to the HCNM’s request for access to South Ossetia to investigate the human rights situation in that part of Georgia. Disappointingly, during the session devoted to humanitarian commitments, several statements, including those of the ODHIR moderator and EU spokesperson, focused narrowly on labor conditions and migration, and failed to raise concerns regarding refugees and displaced persons, normally a major focus of this agenda item and obviously relevant to the Georgia crisis. Nevertheless, the session developed into one of the more animated at the HDIM. The Georgian delegation, which had been silent up to that point, spoke out against Russian aggression and alleged numerous human rights abuses. It expressed gratitude to the European Union for sending monitors to the conflict zone and urged the EU to pressure Russia to fully implement the Six-Point Ceasefire agreement negotiated by French President Sarkozy. The United States joined several delegations and NGOs calling on all parties to the conflict to observe their international obligations to protect refugees and create conditions for their security and safe voluntary return. In a pattern observed throughout the meeting, the Russian delegation did not respond to Georgian charges. It left it to an NGO, “Ossetia Accuses,” to make Russia’s case that Georgia had committed genocide against the people of South Ossetia. A common theme among many interventions was a call for an independent investigation of the causes of the conflict and a better monitoring of the plight of refugees, but to date Russian and South Ossetian authorities have denied both peacekeeping monitors and international journalists access to the region from elsewhere in Georgia. A joint assessment mission of experts from ODIHR and the HCNM, undertaken in mid-October, were initially denied access to South Ossetia, with limited access to Abkhazia granted to some team members. Eventually, several experts did gain access to the conflict zone in South Ossetia, though to accomplish this they had to travel from the north via the Russian Federation. One can only speculate why Georgia received such limited treatment at this HDIM. The crisis in the south Caucasus had dominated OSCE discussions at the Permanent Council in Vienna for weeks preceding the HDIM. Some participants may have feared that addressing it in Warsaw might have crowded out the broader human rights agenda. Others may have felt that, in the absence of a clear picture of the circumstances surrounding the conflict and with so many unanswered questions, it was best not to be too critical or too accusatory of either party. The EU (and particularly the French) were, at the time of the HDIM, in the process of negotiating the deployment of European observers to the conflict zone, and may have feared that criticism of Russia at this forum would have only complicated the task. In fact, the EU’s only oblique reference to Georgia was made at HDIM’s penultimate working session (a discussion which focused on human dimension “project activity”) in connection with the work of High Commissioner for National Minorities. (One observer of this session remarked that there seemed to be a greater stomach for dinging the OSCE Office for Democratic Institutions and Human Rights for shortcomings in its work than for criticizing Russia for invading a neighboring OSCE participating State.) Finally, other participants, particularly NGOs, seemed more inclined to view human rights narrowly in terms of how governments treat their own citizens and not in terms of how the failure to respect key principles of sovereignty and territorial integrity are invariably accompanied by gross violations of human rights and can produce humanitarian disasters. Amid simmering tensions between Russia and Georgia which could erupt into renewed fighting, and completion of a report requested by the Finnish Chairmanship in time for the OSCE’s Ministerial in Helsinki in early December, Ministers will have to grapple with the impact of the south Caucasus conflict and what role the OSCE will have. Beyond Warsaw The relative quiet of the HDIM notwithstanding, French President M. Nicolas Sarkozy put a spotlight on OSCE issues during the course of the meeting. Speaking at a conference in Evian, France, on October 8, he responded to a call by Russian President Dmitri Medvedev, issued in June during meetings with German Chancellor Angela Merkel, for a new “European Security Treaty” to revise Europe’s security architecture – a move seen by many as an attempt to rein in existing regional security organizations, including NATO and the OSCE. President Sarkozy indicated a willingness to discuss Medvedev’s ideas, but argued they should be addressed in the context of a special OSCE summit, which Sarkozy suggested could be held in 2009. The escalating global economic crisis was also very much on the minds of participants at the HDIM as daily reports of faltering financial institutions, plummeting markets, and capital flight promoted concerns over implications for the human dimension. Several delegations voiced particular concern over the possible adverse impact on foreign workers and those depending on remittances to make ends meet. Looking Ahead The human rights and humanitarian concerns stemming from the war in South Ossetia will likely come into sharper focus in the lead up to the December OSCE Ministerial in Helsinki as talks on the conflict resume in Geneva, and OSCE and other experts attempt to document the circumstances surrounding the outbreak of fighting and current conditions. The coming weeks can also be expected to bring renewed calls for an overhaul of the human dimension and the ODIHR by those seeking to curb attention paid to human rights and subordinate election monitoring activities. It remains to be seen whether Kazakhstan will fulfill the commitments it made a year ago in Madrid to undertake meaningful reforms by the end of this year. There is also the risk that a deepening economic crisis will divert attention elsewhere, even as the resulting fallout in the human dimension begins to manifest itself. It is unclear what priorities the Greek chairmanship will be set for 2009, a year that portends peril and promise. Notes (1) OSCE Human Dimension Implementation Meetings are held every year, unless there is a Summit. Summits of Heads of State or Government are preceded by Review Conferences, which are mandated to review implementation of all OSCE commitments in all areas (military-security, economic and environmental cooperation, and the human dimension). (2) Helsinki Document 1992, The Challenges of Change, IV (16). (3) Interestingly, at the session on human rights and counterterrorism, moderator Zbigniew Lasocik, member of the United Nations Subcommittee on Prevention of Torture, noted that Poland’s Constitutional Court had, the previous day, struck down a 2004 law that purported to allow the military to shoot down hijacked commercial aircraft – even if they were being used as weapons like the planes that killed thousands of people on 9/11. The Court reportedly reasoned that shooting down an aircraft being used as bomb would infringe on the constitutional protection of human life and dignity of the passengers. (4) Turkmenistan sent a representative to the HDIM in 2005 for the first time in several years. While responding to criticism delivered in the sessions, the representative appeared to focus more on monitoring the activities of Turkmen NGOs participating in the meeting. Turkmenistan subsequently complained that certain individuals who had been charged with crimes against the State should not be allowed to participate in OSCE meetings. Turkmenistan officials did not participate in the 2006 or 2007 HDIMs. Participation in the 2008 meeting would have been a welcome signal regarding current political developments. (5) The HCNM had previously expressed concern regarding Hungary’s overreach vis-a-vis ethnic Hungarian minorities in neighboring countries. In 2004, Hungary held a referendum on extending Hungarian citizenship to ethnic Hungarians abroad – an idea that still holds political currency in some quarters of Hungary – but the referendum failed due to low voter turnout.
Georgians Return to Polls to Elect New Parliament as Political Polarization PersistsMonday, July 21, 2008
By Ronald J. McNamara and Orest Deychakiwsky For the second time this year, Georgians went to the polls in national elections, casting ballots on May 21, 2008, for a new slimmed down 150–seat unicameral parliament, known as the Supreme Council, with half filled through proportional party lists and the other by single-mandate districts. Previous parliaments comprised 235 members. Timing of the parliamentary elections, originally scheduled for fall 2008, became a contentious issue late last year as violence erupted on the streets of Tbilisi, the Georgian capital, leading to early presidential elections and a plebiscite on when to hold the parliamentary contest. Incumbent Mikheil Saakashvili was reelected president in the January 5 election, narrowly escaping a second round. According to final results reported by the Central Election Commission, Saakashvili won 53.47 percent of the vote, with 70 percent of those casting ballots supporting the holding of early parliamentary elections. On March 21, the president called for the elections to be held in two months time. Mr. João Soares of Portugal, a Vice-President of the OSCE Parliamentary Assembly at the time, was appointed as Special Coordinator of the OSCE Chairman-in-Office to lead short-term observers of the OSCE’s International Election Observation Mission (IEOM). In all, the OSCE fielded over 550 observers from 48 countries, including a parliamentary component of over 100 drawn from the OSCE PA, the Parliamentary Assembly of the Council of Europe, the European Parliament and the NATO PA. International observers, including two members of the Helsinki Commission staff, participated in an extensive program of briefings in Tbilisi prior to election day, including presentations by the ODIHR Core Team and the Central Elections Commission as well as a wide range of international and domestic NGO experts. Observers also heard from representatives of most of the political parties and blocs fielding candidates: Georgian Politics, the Republic Party, the Rights Alliance, the Labor Party, the United National Movement – for Victorious Georgia, the Georgian Union of Sportsmen, the United Opposition bloc, the All Georgian National Party of Radical Democrats, the Christian-Democratic Movement, and Our Country. In all, nine political parties and three blocs were registered for the parliamentary contest, including the newly formed Christian-Democratic Movement. In all, IEOM observer teams visited nearly 1,500 of the country’s 3,641 polling stations on election day. Helsinki Commission staff observed in the Marneuli Rayon, south of Tbilisi, a predominately Azeri region bordering on neighboring Azerbaijan and Armenia. According to the 2002 national census, the Azeri minority constituted 6.5 percent of Georgia’s population. This rural agricultural region comprises the District Election Commission 22, with 84 individual polling stations for slightly over 90,000 registered voters. Interest in observing in the Marneuli region was based in part on irregularities observed during the January 2008 presidential election. Several polling stations, at that time, registered voter turnouts in excess of 100 percent, with over 88 percent of the vote going to Saakashvili, exceptionally high when compared with other districts in that part of the country. Commission staff observed an opening and the voting in nearly a dozen individual polling stations throughout the rayon, or county. Among those sites visited was the area’s largest military installation, where soldiers lined up to cast their votes as senior officers chatted outside of the station. With a few exceptions, the balloting was conducted in an orderly manner and in line with CEC procedures. An exception was a polling station close to the Armenian border in which pandemonium prevailed and a number of serious irregularities were observed by the team. Conspicuously, ballots at the station and other voting materials lacked the required serial numbers. Domestic party observers were vocally protesting procedural problems at the station as one from their ranks was repeatedly rebuffed by the precinct chairman when the observer sought to lodge a formal written complaint in the official journal. Local police were called to the scene, though they stayed at a distance as long as the Helsinki Commission team was present. The closing and tabulation observed at another station proceeded smoothly, with good cooperation among the poll workers. The following day, on May 22, Soares held a press conference in Tbilisi to issue a statement of preliminary conclusions on behalf of the IEOM: “Overall, these elections clearly offered an opportunity for the Georgian people to choose their representatives from amongst a wide array of choices. The authorities and other political stakeholders made efforts to conduct these elections in line with OSCE and Council of Europe commitments. The International Election Observation Mission (IEOM) identified a number of problems which made this implementation uneven and incomplete.” Addressing a protest rally on May 26, Levan Gachechiladze, the leader of the United Opposition called for annulment of the election results. “We will not let a handful of criminals run the country,” he told supporters. Fellow opposition leader Davit Gamkrelidze told the crowd, “I have no right to enter a parliament that is the product of illegality, terror, and an illicit government. I cannot become a member of a parliament that is illegitimate, unlawful, and which is a product of Soviet-style elections.” On June 5, the Central Election Commission issued a release summarizing the elections results. According to the CEC, four political parties passed the 5 percent threshold based on the proportional system: United National Movement (59.18%), or 48 seats, the United Opposition (17.73%), 15 seats, Christian-Democrat (8.66%) and the Labor Party (7.44%), 6 seats each. The results of single-mandate contests were: 71 seats for the United National Movement, 2 seats for the United Opposition, and 2 for the Republican Party. In total, the United National Movement won 119 seats, a constitutional majority. The United Opposition leadership moved quickly to request the cancellation of the mandates for seats won by the party, precluding individuals lower on their list from occupying the seats. Four of those elected, however, broke ranks with their leaders, refusing to relinquish their seats. The Labor party chose to neither cancel nor occupy their seats in parliament. Meanwhile, the Christian-Democratic party positioned itself to foster unity among the small group of non-UNM members. Results for Marneuli showed overwhelming support for the ruling UNM, with 84.49%, far exceeding the level for the country as a whole. The only other party to pass the threshold in the region was the United Opposition, with 6.79%. Similar lopsided tallies favoring the UNM were recorded in six other regions, notably the predominately Armenian Akhalkalaki and Ninotsminda, where support for the ruling party surpassed 90 percent. Traditionally, areas of Georgia with high concentrations of ethnic minorities, such as these, have turned out in large numbers, voting overwhelmingly for whatever the ruling party was at the time. The newly-elected parliament held its inaugural session on June 7. In remarks before the new parliament, President Saakashvili acknowledged the challenges facing the country’s elected leadership, “The entire world is looking at Georgia today. The Georgian people have overcome the most difficult political crisis last autumn at the expense of democratic consolidation. We have managed to overcome the political crisis with the help of democratic institutions, to solve all problems through peaceful democratic methods.” He continued, “our obligation is to make our compatriots feel that they are represented in the country’s governance; even the smallest group should feel that it has the right to be represented in the country’s governance, in making decisions about the future of our country.” Saakashvili concluded by stressing the importance of undertaking further reforms and fostering unity. In testimony before Congress several weeks after the elections, Daniel Fried, Assistant Secretary of State for European and Eurasian Affairs, remarked, “Georgian democracy continues to lack a necessary element – a credible and viable opposition – and the United National Movement and the United Opposition share the blame for this shortcoming. Without a viable opposition, an empowered, independent parliament and strong, credible judiciary, and a reform process that respects dissenting voices, democracy will not be consolidated.” While political polarization persists in the country, it was less palpable at the time of the parliamentary elections than in January, when there were widespread concerns that the violent street clashes of November could be reignited. Heightened tensions over the breakaway region of Abkhazia and the possibility of war erupting with Russia following the April 20 shoot down of an unmanned aerial vehicle by a Russian fighter over Georgian airspace seemed to trump domestic political squabbling in the lead up to the parliamentary elections. Overcoming political turmoil and polarization in the country takes on even greater importance in the face of ever-growing Russian threats and provocative actions undermining Georgia’s territorial integrity. The Georgian authorities should build upon the reforms instituted in electoral laws and procedures prior to the parliamentary elections. A lingering concern that deserves attention is the low confidence among voters regarding the electoral process and skepticism regarding the role of the international community. Similarly, allegations of campaign irregularities from recent elections, including use of administrative resources by the ruling party; campaigning by state officials; intimidation of state workers, especially teachers; pressure on businesses to make campaign “donations”; unbalanced television coverage on private stations; ruling party dominance of elections commissions; and lingering errors on voters lists should be taken seriously and dealt with by the authorities. These and other concerns are discussed in greater detail in the Statement of Preliminary Findings and Conclusions issued by the IEOM on May 22, 2008. A final report on the May 21 parliamentary elections is expected to be released by the OSCE’s Office of Democratic Institutions and Human Rights shortly.
Helsinki Commission Delegation Visits Prague and BratislavaTuesday, March 11, 2008
By Erika B. Schlager, Counsel for International Law Prior to participating in the Winter Meeting of the OSCE Parliamentary Assembly in Vienna, Austria, Senator Benjamin Cardin (D-MD), the Co-Chairman of the U.S. Helsinki Commission, led a Congressional delegation to Prague, the Czech Republic, from February 18-20. In Prague, he was joined by Chairman Alcee Hastings (D-FL), Commissioner Louise McIntosh Slaughter (D-NY) and Congressman Michael McNulty (D-NY). Chairman Hastings also traveled to Bratislava, Slovakia, for additional meetings on February 21, where he was joined by Commissioner Hilda L. Solis (D-CA). In the Czech Republic, the delegation met with representatives of the Jewish community and toured the historic Jewish quarter in Prague, which dates back to the Middle Ages. The delegation discussed recent anti-Semitic manifestations, most notably a large demonstration organized last November on the anniversary of Kristallnacht, and other planned demonstrations by extremists. Although Czech civil society has strongly countered these demonstrations, local officials have struggled to find the appropriate balance between respect for freedom of speech and freedom of assembly and their desire to combat anti-Semitism and manifestations of other forms of intolerance. The delegation also held a round-table discussion with leading civil society and Romani activists. Their discussions touched on past instances of sterilizing Romani women without informed consent, and discrimination against Roma in education, housing and employment. It was noted that victims of wrongful sterilization practices have been advised by government officials to seek redress from the courts, even though most cases will be barred by statutes of limitations. The delegation held official meetings with the President of Senate, Premysl Sobotka, and other members of the Czech Senate; Deputy Foreign Minister Jan Kohout; representatives of the Government Council for Human Rights; and Otakar Motejl, the Public Defender of Rights (also known as the Ombudsman). In these meetings, delegation members expressed concern about the unresolved property claims of Americans who were excluded by the legal framework for property restitution previously adopted by the Czech Republic. They urged Czech officials to protect freedom of speech and assembly, while demonstrating sensitivity for dates or sites of particular importance to the Jewish community. With respect to the situation of the Romani minority, the delegation expressed concern for the victims of past sterilization without informed consent. They urged the Czech Government to take concrete steps to improve the situation of Roma, including through the adoption of comprehensive anti-discrimination legislation. Discussions with Czech officials also touched on bilateral or regional issues, including Kosovo’s declaration of independence and managing relations with Russia. While in Prague, the delegation also met with President of Radio Free Europe/Radio Liberty Jeffrey Gedman, toured the broadcasting facility, and held a press conference at the RFE/RL headquarters. In Slovakia, Chairman Hastings and Commissioner Solis met with leading political analysts to hear a broad discussion of political developments and trends, including concerns regarding proposed legislation on non-governmental organizations and on the media. During a round-table discussion with Romani activists, participants discussed the need to translate the government’s program into concrete action, and the particular challenge of translating national policies into change at the local level. The delegation also met with Foreign Minister Jan Kubis, Deputy Prime Minister Dusan Caplovic (who has responsibility for, i.a., human rights issues), and a group of parliamentarians, including representatives of opposition parties. In their meeting with Minister Caplovic, Chairman Hastings urged the Slovak Government to acknowledge the past sterilization without informed consent of Romani women. In other meetings, the delegation also expressed concern about the adoption by the parliament of resolution honoring Andreij Hlinka, who died in 1938 but whose nationalist leadership set the stage for Slovakia’s WWII alliance with Nazi Germany and the deportation of its Jewish citizens.
Commission Staff Participates in Conference on Roma; Greece Slated to Serve as OSCE Chair in 2009Tuesday, March 04, 2008
By Erika B. Schlager Counsel for International Law U.S. Embassy in Athens Organizes Conference on Romani Issues On February 29, Helsinki Commission staff participated in a conference on Romani issues organized by the U.S. Embassy in Athens, Greece, primarily for human rights officers from U.S. Embassies in Europe. The conference was designed to improve understanding of Romani minority concerns, and to allow human rights officers to share information and ideas related to their congressionally mandated human rights reporting obligations. The conference underscored the strong interest of the United States in the situation of Romani minority communities throughout the OSCE region and provided a useful opportunity for human rights officers to improve their knowledge of this minority group’s history and experiences. Roma now constitute the largest ethnic minority in the European Union. The conference was opened by the United States Ambassador to Greece, Daniel Speckhard. Andrzej Mirga, the senior advisor for Romani issues with the OSCE Office for Democratic Institutions and Human Rights (Warsaw) and Helsinki Commission staff served as speakers during the morning session. Panayote Dimitras of the Greek Helsinki Monitor spoke during a working lunch. In the afternoon, Embassy officials from various posts led “best practices” discussion groups – although it proved more difficult to identify such practices than one might have hoped. Commission Staff Visit Romani Shanty Towns On the margins of the conference, Commission staff held meetings on Romani issues with representatives of the Greek Ministry of Foreign Affairs’ Division for International Human Rights, Refugees, and Immigration; the Ombudsman for Human Rights; the Ministry of Interior; and the Ministry of Education. In addition, staff visited several Romani shanty towns in the Athens region, including the infamous Aspropyrgos camp. Greece does not recognize any groups as “minorities” other than those few formally recognized under the 1923 Treaty of Lausanne (primarily the Muslims of Western Thrace). Accordingly, Roma are not considered an ethnic minority but a “socially vulnerable group.” It is estimated that there are roughly 150,000-300,000 Roma in Greece, out of a population of 11-million-plus. This population largely consists of indigenous Greek Roma, but also includes some Roma who have migrated from Albania in recent years. Greece does not count people according to ethnic affiliation or identity on its national census. Roma in Greece face problems similar to those faced by Roma in other countries. In recent years, Romani plaintiffs have successfully brought cases against Greece before the European Court of Human Rights, including for ill-treatment or excessive use of force by the police. Non-governmental organizations have also been particularly concerned by the deplorable conditions in some Romani shanty towns and the lack of equal access to education and the ability of Roma to obtain documents. The Council of Europe’s Commissioner for Human Rights, Thomas Hammarberg, has also expressed concern about forced evictions of Roma. Helsinki Commission Co-Chairman Benjamin L. Cardin and Commissioner Louise McIntosh Slaughter participated in a Helsinki Commission delegation to Greece in early 1998, and met with (among others) Romani representatives. Greece Slated to Serve as OSCE Chair Greece is slated to serve as Chair of the OSCE in 2009; Kazakhstan has been selected to serve in that position in 2010. Finland serves as the current OSCE Chair-in-Office. At his inaugural address to the OSCE Permanent Council in January, Finnish Foreign Minister Ilkka Kanerva stated, “More can be done also to fight discrimination against Roma and Sinti. I count on all participating States to renew their commitment to implementing the recommendations in the OSCE Action Plan of 2003.” Finland plans to schedule one of this year’s three Supplementary Human Dimension Meetings on Romani human rights issues.
Finnish OSCE Chairman-in-Office Outlines Priorities, Challenges for 2008Wednesday, February 27, 2008
By Ronald McNamara, International Policy Director Making an appearance on February 13th before the Helsinki Commission, early in Finland’s 2008 chairmanship of the OSCE, Minister for Foreign Affairs Ilkka Kanerva addressed a wide range of issues facing the Vienna-based organization and its 56 participating States. Kanerva, having served in parliament since 1975, the year in which the Helsinki Final Act was signed in the Finnish capital, stressed the unique contribution of parliamentarians in their role embodying “the aspirations of our peoples and to voice their concerns in all OSCE countries.” Chairman Alcee L. Hastings, President Emeritus of the OSCE Parliamentary Assembly, expressed appreciation for recognition of the parliamentary dimension of the Helsinki Process. Minister Kanerva noted, “The starting point of the Finnish Chairmanship is that the OSCE is a value-based organization that actively promotes our common values of democracy, human rights and the rule of law. We stress the full implementation of the human rights commitments by the participating States.” Chairman Hastings welcomed the emphasis on implementation especially given the mandate of the Helsinki Commission to monitor compliance with the common commitments accepted by all participating States regardless of when they joined the Helsinki Process. “We fully support and welcome Finland’s calls for greater effort by participating States to implement our common political commitments. Implementation is key, as the late President Gerald Ford underscored in his remarks in Finlandia Hall when he signed the Helsinki Accords on behalf of the United States. I am also mindful that all participating States, including this country, are obligated to translate words on paper into action and I welcome the scrutiny of others when our own policies and practices come up short,” said Hastings. Hastings and Kanerva had a lengthy exchange regarding developments in Kosovo and their implications for Balkans as well as the possibility of sustained OSCE engagement in the region. Kanerva, who had just returned from a visit to Belgrade and Priština, observed that the OSCE has played an important role in Kosovo -- in establishing and consolidating local institutions, in promoting democratization, the rule of law, as well as human and minority rights. “Because the OSCE has remained “status-neutral,” it has retained a unique ability to work with all ethnic communities in promoting stability and democratic development. It is my firm belief that the OSCE work in Kosovo is and will be beneficial to all Kosovars,” concluded the Minister. He continued, “The outcome of the status process could have a negative impact on the OSCE's engagement in Kosovo. You are well aware that the OSCE participating States remain deeply divided over the issue. This disagreement could lead to the current Mission’s termination. It would be a grave mistake for the OSCE and the entire international community if we were to leave it at that.” Chairman Hastings, who visited both Priština and the northern area around Mitrovitsa last June, remarked, “My overall concern comes again from personal experience. The OSCE mission in Kosovo complemented by the tremendous activities that the KFOR forces deployed to keep the peace there is one of, in my judgment, the most successful OSCE missions, capable of working with the various factions in that area. I always ask the question: if there was no OSCE mission or had not been there in recent years, what would be the situation on the ground there today? And how much closer would the parties be to arriving at a resolution of what is, by anybody's standards, a substantial conflict? Minister Kanerva stressed, “I am determined to ensure continued OSCE engagement in Kosovo regardless of the status process. I am aware of the fact that any participating State has the possibility to use a veto and to end the mandate of the present mission - the mission which at the moment comprises 800 people and which has an immense effect on the viability of the civil society. Should this happen, I am prepared to immediately start the negotiations on a revised mandate for the OSCE mission. I am convinced that all participating States agree on the need for continued OSCE engagement in Kosovo.” Regarding conflicts elsewhere in the OSCE region, Kanerva remarked, “The Finnish chairmanship has put the so-called frozen or protracted conflicts in Moldova, Georgia, and Nagorno-Karabakh at the top of our agenda. I will personally visit all of these regions. I have already nominated also a special envoy to survey the progress in the process. One of the first things I have already done was to visit Ukraine and Moldova, to examine possibilities to kick start the stalled negotiation on the Transdnistria conflict. The Government of Moldova and the leadership for Transdnistria indicate their willingness to reengage and I have tasked my special envoy to see what can be done to take the process forward. We have knowledge of the difficulties in front of us. But we can't give up.” Minister Kanerva announced his intention to visit the South Caucasus nations of Armenia, Azerbaijan and Georgia. Chairman Hastings asked Kanerva to raise concerns relating to media freedom in Azerbaijan, the subject of a Commission hearing late last year, and provided a list of specific cases. Numerous other human rights concerns were also discussed from combating anti-Semitism and trafficking in humans as well as promoting democracy. In prepared remarks, Co-Chairman Benjamin L. Cardin stressed the importance of sustained OSCE engagement in efforts to fight anti-Semitism. “In recent weeks we have convened a series of hearings to assess the ongoing work of the OSCE in this regard and have heard from experts. These sessions have confirmed the importance of maintaining a distinct focus on anti-Semitism, and resisting attempts by some to reduce the attention under some kinds of generic tolerance rubric. It has also become clear that the personal representatives need some form of meaningful support mechanism. Perhaps some arrangement could be put in place by the troika of past, present, and future OSCE chairs, to ensure continuity,” remarked Cardin. Similar concerns were echoed in a statement by Ranking Minority Member Christopher H. Smith, “I appeal to you, in your term as Chairman-in-Office, not to allow the OSCE to give in to this fatigue and indifference! Anti-Semitism remains what it has always been, a unique evil, a distinct form of intolerance, the oldest form of religious bigotry, and a malignant disease of the heart that has often led to murder. It continues to threaten our Jewish brothers and sisters, and so the OSCE must redouble its efforts in the fight against the scourge of anti-Semitism. Smith, the OSCE Parliamentary Assembly President’s Special Representative on Human Trafficking welcomed the commitment of the Finnish chairmanship to give priority attention to OSCE efforts to prevent human trafficking, with particular attention to child victims. Russia’s troubling attempts to restrict the scope and size of OSCE election observations missions was also raised. Minister Kanerva expressed disappointment that, despite a concerted effort by OSCE, an acceptable solution could not be worked out to enable the deployment of an observation mission to Russia for the March 2nd presidential elections. He outlined his views regarding observation of the entire election process. “It means candidate and voter registration, electoral campaign, media coverage, complaints and appeals. The ODIHR must continue to be in a position to determine the length and size of observation missions on professional grounds in order to produce meaningful assessments and recommendations benefiting the observed country.” Having headed monitoring missions to Azerbaijan, Belarus, Ukraine, and most recently Georgia, Chairman Hastings called for a timely invitation for OSCE to observe the upcoming November U.S. elections. Kanerva thanked Hastings for his leadership of the mission to Georgia in early January and underscored the importance of close cooperation between ODIHR and the OSCE PA. Turning to Afghanistan, an OSCE Partner for Cooperation country, the Chairman welcomed the role played by Finnish forces in the northern part of that country. Minister Kanerva reported that active discussions were underway among OSCE countries regarding the kinds of initiatives that might be undertaken to assist Afghanistan pursuant to a general decision agreed to by the Madrid OSCE Ministerial Council last November. Priority attention is being given to strengthening border security and management, including along the 750 mile border between Afghanistan and Tajikistan. “At the same time we are discussing whether the OSCE might eventually become active on Afghan territory,” said Kanerva. Before concluding the hearing, the Chairman-in-Office and Chairman Hastings touched on ways to enhance cooperation among the OSCE participating States and strengthen the organization. Hastings acknowledged the complex task of managing the OSCE given the diversity of countries and diverging views among some on fundamental aspects of the organization and its mission. The two agreed on the importance of engagement with Russia. One possibility raised by Chairman Hastings was the assembling of a “Council of Elder Statesmen” along the lines proposed by the Hamburg-based Centre for OSCE Research in its working paper, “Identifying the Cutting Edge: The Future Impact of the OSCE.” In an innovative move, the Finnish chairmanship has expanded the Troika – past, present, and future chairs – to include others slated to assume leadership of OSCE in future years. At the Madrid OSCE Ministerial Council agreement was reached on chairmanships for Greece in 2009, Kazakhstan in 2010 and Lithuania in 2011. “I have invited my colleagues from the future chairmanships of Kazakhstan and Lithuania,” Kanerva reported, “to meet with the current Troika countries Spain, Finland and Greece to develop ideas for longer-term priorities. I am convinced there are many issues where the "Quintet" can add value and lead to more coherent OSCE action in the next few years.” Minister Kanerva concluded, “The Helsinki Commission embodies the longstanding engagement of the United States with the OSCE and the values that underpin it. The OSCE can only work with the full engagement of its participating States. The United States has always played a key role, and must continue to do so, if we are to achieve the ambitious goals we have set for our Organization.”
Ukraine’s Pre-Term Parliamentary Elections and Demonstrable Commitment to Democratic Standards Focus of Commission InitiativesThursday, December 06, 2007
By Orest Deychakiwsky and Ronald McNamara The Helsinki Commission undertook several initiatives this fall in connection with Ukraine’s September 30th pre-term parliamentary elections, including deploying staff to observe the elections, sponsoring a Congressional resolution on the elections, and convening a public briefing on their implications. The elections – the fifth national balloting in less than three years -- came on the heels of a political crisis that had engulfed Ukraine’s president, government and parliament for much of 2007. The elections to the 450-seat parliament, the Verkhovna Rada, were judged by the OSCE-led International Election Observation Mission (IEOM) to have been conducted “mostly in line with OSCE commitments and other international standards for democratic elections and in an open and competitive environment.” The September elections were monitored by some 800 international observers under OSCE auspices, including Helsinki Commission staff members who observed the balloting in western Ukraine’s Ivano-Frankivsk oblast and Kyiv’s Polilskiy District. Swedish parliamentarian Tone Tingsgård, the Special Coordinator of the short-term election observers for the IEOM and Vice-President of the OSCE Parliamentary Assembly, stated that these elections were conducted “in a positive and professional manner.” While there were shortcomings, notably with respect to the quality of voter lists and delays in processing vote counts in a few districts, OSCE observers assessed the voting as good or very good in 98 percent of the nearly 3,000 polling stations visited, and the vote count was assessed as good or very good in 94 percent of the IEOM reports. Commission staff observations were consistent with other international observer assessments. The voting process was calm, orderly, and, with very few exceptions, conducted in an efficient, professional and transparent manner. Members of precinct commissions representing various political parties and blocs, as well as the presence of party observers, helped to ensure the integrity of the voting process. The most significant shortcomings witnessed by staff stemmed from inaccuracies in the voters lists which led to inconsistencies regarding the treatment of voters, including the disenfranchisement of some at polling stations visited on election day. The elections – with 60% voter turnout -- saw Prime Minister Viktory Yanukovich’s Party of the Regions come in first with 34.3% of the votes. The most substantial gains over previous elections, however, were garnered by the electoral bloc of former Prime Minister Yuliya Tymoshenko (YTB), with 30.7%. President Victor Yushchenko’s Our Ukraine-People’s Self-Defense bloc (NUNS) placed third with 14.15%. Two other parties passed the 3 percent threshold required to enter the new parliament – the Communist Party with 5.4% and Bloc of former Rada Chairman Volodymyr Lytvyn with 3.9 percent. The two electoral blocs associated with Ukraine’s 2004 Orange Revolution -- YTB and NUNS -- have created a razor-thin majority coalition in the new Rada and on December 4, elected Foreign Minister Arseniy Yatseniuk as the new Chairman with a single vote to spare. On October 5, Helsinki Commission Chairman Alcee L. Hastings, together with 12 other House Members, including Commissioners Slaughter, Solis, Butterfield, Smith, Aderholt and Pitts, sponsored a resolution congratulating the Ukrainian people for the holding of free, fair, open and transparent parliamentary elections in a peaceful manner consistent with Ukraine’s democratic values and national interest and expressing continuing Congressional interest and support for Ukraine. The resolution, which has garnered bipartisan backing, expresses strong support for the efforts of the Ukrainian people to build upon the democratic gains of the Orange Revolution. The resolution recognizes the link between the consolidation of democracy and the rule of law and the strengthening of Ukraine’s independence and integration with the West, and, importantly, serving as a positive role model for all too many post-Soviet countries caught in the vice of authoritarianism. In introducing the resolution, Chairman Hastings expressed the hope “that Ukraine’s political leaders will form a government reflecting the will of the Ukrainian people as expressed by the results of the elections” and “that the new parliament and government will focus on the constitutional framework, especially the question of separation of powers, in order to avoid the political uncertainty that we witnessed earlier this year.” On October 25, the Commission convened a public briefing: “The Ukrainian Elections: Implications for Ukraine’s Future Direction” with Ukraine’s Ambassador to the United States Oleh Shamshur, as well as former U.S. Ambassador to Ukraine William Miller, and Stephen Nix of the International Republican Institute, who had both been present at the elections as international observers. In his assessment of the elections, Ambassador Shamshur noted that “for the second time in a row, Ukraine succeeded in avoiding most of the electoral pitfalls. Aside from minor deficiencies, there was no harassment of political opponents, no media oppression, no so-called creative counting or use of forged absentee ballots…Ukraine has once again confirmed its democratic credentials. That’s the irreversibility of the democratic change spurred by the Orange Revolution.” Ambassador Miller, who observed in Ukraine as a member of the National Democratic Institute’s international observation delegation, called the elections “relatively free and fair.” He expressed the “hopeful possibility” that the two democratic (Orange) coalition partners, Yuliya Tymoshenko and Victor Yushchenko, “will fulfill finally the promises they made with their hands on their hearts” during the 2004 Orange Revolution. Mr. Nix, while noting that IRI’s election observation mission found that the elections “broadly met international standards,” nevertheless urged the Ukrainian parliament and election officials “to address the quality of the voter lists to ensure their accuracy for the next national election.” He also called upon Ukraine’s leadership to take steps “to resolve the constitutional issues that were the very reason these elections were called.”
Helsinki Commissioners Meet with Vaclav Havel, Commemorate 30th Anniversary of Charter 77 MovementThursday, March 15, 2007
On February 27, 2007, Representative Alcee L. Hastings (D-FL) and Senator Benjamin L. Cardin (D-MD), Chairman and Co-Chairman of the Commission on Security and Cooperation in Europe, met with Vaclav Havel, former president of the Czech Republic (1993–2003), world renowned human rights activist, and playwright. “This year marks the 30th anniversary of Charter 77’s founding, a movement that was dedicated to compelling the communist government of Czechoslovakia to abide by the international human rights agreements it had freely adopted, including the Helsinki Final Act,” observed Chairman Hastings. “I was delighted to be able to personally share with President Havel the deep respect I have for him, for the movement he helped to found, and for his continuing leadership on human rights issues around the globe.” Former Commission Chairman Representative Christopher H. Smith (R-NJ) and Czech Ambassador Petr Kolar also participated in the discussions, which touched on issues including Russia, China, Cuba, and developments in the Middle East. Havel was briefly in Washington early this year at the Library of Congress’ John W. Kluge Center. Librarian of Congress Dr. James Billington hosted meetings on Capitol Hill with Havel and Members of Congress. Havel addressed a joint session of Congress in 1990 and was awarded the Presidential Medal of Freedom in 2003. The Charter 77 movement was founded in Czechoslovakia in 1977, originally with the support of approximately 240 signatories, each of whom signed a card stating, “I agree with the Charter 77 declaration of January 1, 1977.” The original cards have since been discovered in the Czechoslovak secret police archives. In January, the National Museum in Prague mounted an exhibit of materials related to the Charter 77 movement. In addition, the Washington-based National Security Archives (affiliated with George Washington University), in conjunction with the Prague-based Czechoslovak Documentation Center, released a compilation of documents about the Charter 77 movement, including now-declassified State Department and CIA reporting. Statements made by current and former leaders of the Helsinki Commission on the occasion of the 30 th anniversary of Charter 77, as published in the Congressional Record, are printed below. STATEMENTS REPRINTED FROM THE CONGRESSIONAL RECORD THE 30TH ANNIVERSARY OF THE ‘‘CHARTER 77 MOVEMENT’’ HON. ALCEE L. HASTINGS OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Thursday, March 1, 2007 Mr. HASTINGS of Florida. Madam Speaker, as Chairman of the Commission on Security and Cooperation in Europe, I am privileged to add my voice today to those honoring Vaclav Havel, Czechoslovakia's first post-communist President, and the Charter 77 movement which, 30 years ago, he helped to found. Three decades ago, the Charter 77 movement was established and its founding manifesto was formally delivered to the Communist regime in Prague. The goals of the Chartists – as signatories came to be known – were fairly straightforward: “Charter 77 [they stated] is a loose, informal and open association of people of various shades of opinion, faiths and professions united by the will to strive individually and collectively for the respect of civic and human rights in our own country and throughout the world – rights accorded to all men by the two mentioned international covenants, by the Final Act of the Helsinki conference and by numerous other international documents opposing war, violence and social or spiritual oppression, and which are comprehensively laid down in the U.N. Universal Charter of Human Rights.” The phrase “people of various shades of opinion” was, in fact, a charming understatement regarding the diversity of the signatories. Founding members of this movement included Vaclav Maly, a Catholic priest banned by the regime; Vacla Benda, a Christian philosopher; former Trotskyite Peter Uhl; former Communists like Zdenek Mlynar and Jiri Hajek, both of whom were ousted from their leadership positions in the wake of the 1968 Soviet attack that crushed the Prague Spring reforms; and, of course, Vaclav Havel, a playwright and dramatist. Notwithstanding the many differences these people surely had, they were united by a common purpose: to compel the Communist regime to respect the international human rights agreements it had freely adopted. Interestingly, the Charter 77 movement was never a mass dissident movement – fewer than two thousand people ever formally signed this document. But, to use a boxing analogy, Charter 77 punched above its weight. Its influence could be felt far beyond the number of those who openly signed on and, ultimately, in the battle of wits and wills with the Communist regime, Charter 77 clearly won And most importantly, Charter 77 – like other human rights groups founded at roughly the same time in Moscow, Vilnius, Warsaw and elsewhere – looked to the Helsinki process as a vehicle for calling their own governments to account. Although it is sometimes said that the Helsinki process helped to bring down communism, it is really these grass roots movements that gave the Helsinki process its real meaning and its true legitimacy. Thirty years ago, a small, courageous band of people came together and said, “We believe that Charter 77 will help to enable all citizens of Czechoslovakia to work and live as free human beings.” Today, we remember their struggle and praise their enduring contributions to democracy and human rights. IN HONOR OF VACLAV HAVEL SENATOR BENJAMIN L. CARDIN OF MARYLAND IN THE SENATE March 13, 2007 Mr. CARDIN. Mr. President, 30 years ago, the Charter 77 movement was established with the simple goal of ensuring that the citizens of Czechoslovakia could ``live and work as free human beings.'' Today, as cochairman of the Commission on Security and Cooperation in Europe, I join with my colleagues in celebrating the founding of Charter 77 and honoring those men and women who, through their personal acts of courage, helped bring freedom to their country. When the Charter 77 manifesto was issued, three men were chosen to be the first spokespersons of this newly formed movement: a renowned European philosopher, Jan Patocka; Jiri Hajek, who had been Czechoslovakia's Foreign Minister during the Prague Spring; and the playwright, Vaclav Havel. They had the authority to speak for the movement and to issue documents on behalf of signatories Tragically, Jan Patocka paid with his life for his act of bravery and courage. After signing the charter and meeting with Dutch Ambassador Max van der Stoel, he was subjected to prolonged interrogation by the secret police. It is widely believed this interrogation triggered a heart attack, resulting in his death on March 13, 1977. In spite of the chilling message from the regime, Jiri Hajek and Vaclav Havel continued to work with other chartists, at tremendous personal cost. Two-hundred and thirty signatories were called in for interrogation; 50 houses were subjected to searches. Many supporters lost their jobs or faced other forms of persecution; many were sent to prison. In fact, the harsh treatment of the Charter 77 signatories led to the creation of another human rights group, the Committee for the Defense of the Unjustly Persecuted, known by its Czech acronym, VONS. In October 1979, six VONS leaders including Vaclav Havel, were tried for subversion and sentenced to prison terms of up to 5 years. Perhaps the regime's harsh tactics reflected its knowledge that, ultimately, it could only retain control through force and coercion. Certainly, there was no perestroika or glasnost in Husak's Czechoslovakia, no goulash communism as in neighboring Hungary. And so, the regime was threatened by groups that might have seemed inconsequential elsewhere: by the psychedelic band, ``Plastic People of the Universe;'' by a musical appreciation group known as the Jazz Section; by environmentalists, historians, philosophers and, of course, playwrights. Mr. President, 1989 was an extraordinary year--a year in which the regime sought to control everything and, in the end, could control nothing. In May, Hungary opened its borders. In June, free elections were held for parliamentary seats in Poland for the first time in decades. By August, 5,000 East Germans were fleeing to Austria through Hungary every single week. Demonstrations in East Germany continued to rise, forcing Eric Honecker to resign in October. On November 9, the Berlin Wall was breached. But while Communist leaders in other countries saw the writing on the wall, authorities in Prague continued to believe they could somehow cling to power. Ironically, the regime's repressive tactics were part of its final undoing. On November 17, 1989, significant student demonstrations were held in Prague. Human rights groups released videotapes of police and militia viciously beating the demonstrators and these tapes were rapidly and widely circulated through the underground. Shortly thereafter, VONS received credible information that a student demonstrator had been beaten to death. The alleged death so outraged Czechoslovak society that it triggered massive demonstrations. Within days, Czechoslovakia's Communist regime collapsed like a house of cards. As it turned out, no one had actually been killed during the November 17 protests; the story of the student death had been concocted by the secret police to discredit VONS but was all too believable. As concisely stated by Mary Battiata, a reporter for the Washington Post, ``..... a half-baked secret police plan to discredit a couple of dissidents apparently boomeranged and turned a sputtering student protest into a national rebellion.'' On December 29, Vaclav Havel--who had been in prison just a few months earlier--was elected President of Czechoslovakia by the Federal Parliament. Jan Patocka once wrote, ``The real test of a man is not how well he plays the role he has invented for himself but how well he plays the role that destiny assigned to him.'' It seems that destiny had a particular role for Vaclav Havel, not one that he invented or envisioned for himself, but one that he has played with courage and grace, with dignity and honor. Today, we honor Vaclav Havel and the Charter 77 movement he helped to found. IN HONOR OF VACLAV HAVEL AND THE 30TH ANNIVERSARY OF CHARTER 77 HON. STENY H. HOYER OF MARYLAND IN THE HOUSE OF REPRESENTATIVES Tuesday, February 27, 2007 Mr. HOYER. Madam Speaker, this year marks the thirtieth anniversary of the Charter 77 movement. Along with other colleagues from the Helsinki Commission, which I had the privilege of Chairing and Co-Chairing from 1985 to 1994, I rise today to commemorate Charter 77's extraordinary accomplishments, and to praise Vaclav Havel, a founding member of the Charter 77 movement and Czechoslovakia's first President after the fall of communism. Twenty years ago this month, I led a Congressional delegation to Czechoslovakia – my first trip to that country. At that time, I was assured by Czechoslovak Government officials that Charter 77 was only a small group, and there was no need to have a dialogue with its members. In an apparent effort to underscore their point, the regime detained several Chartists to keep them from meeting with our delegation: Vaclav Havel, Petr Uhl and Jiri Dienstbier were all arrested in Prague; Miklos Duray was prevented from traveling to Prague from Slovakia; and although Petr Puspoki-Nagy made it to Prague, he was also immediately detained on his arrival. Although I was deprived of the chance to meet these individuals in person, I was already well aware of their work. In fact, the Helsinki Commission's second hearing, held in February 1977, published the full text of the Charter 77 manifesto at the request of one of our witnesses, Mrs. Anna Faltus. We owe a special debt of gratitude to the late Mrs. Faltus, who worked tirelessly for decades as an advocate for a free Czechoslovakia. To this end, she made sure that the documents of Charter 77 and the Committee for the Defense of the Unjustly Persecuted were quickly translated and widely disseminated to policy makers and human rights advocates. Her effort made it possible for the Helsinki Commission to publish (in 1982 and in 1987) selected and representatives texts of the Charter 77 movement. Looking back, the breadth of those documents is truly remarkably, touching on everything from the legacy of World War II to the country's economic situation; from contemporary music to nuclear energy. But the common thread that bound these diverse statements together was a commitment to promote and protect “the right of the individual to know and act upon his rights.” This right was freely adopted by the Czechoslovak Socialist Republic when Gustav Husak fixed his signature to the Helsinki Final Act in 1975. It was, of course, with great interest that I discussed Charter 77 , first with Czechoslovak officials during my February 1987 trip to Prague, then with Czechoslovak parliamentarians visiting Washington in June 1988 (a delegation which included Prague Communist Party boss Miroslav Stepan), and then with the Czechoslovak delegation to the 1989 Paris Meeting of the Conference on the Human Dimension. In these meetings, as well as in correspondence with the Czechoslovak Ambassador to the United, I was told that Charter 77 didn't represent public opinion. I was warned that siding with Charter 77 would not help bilateral relations, and I was assured that democracy was coming soon to Czechoslovakia – “socialist democracy.” Needless to say, I was not convinced by my interlocutors: I was not convinced that Augustin Navratil was actually being treated for a mental health condition, rather than being persecuted for his religious activism. I was frankly disgusted when the Czechoslovak delegation to the Paris meeting baldly lied about Jiri Wolf, telling us he had been released early from his prison sentence as a “humanitarian” gesture, and then shrugging with indifference when they were caught in their lie. Most of all, I did not believe that Vaclav Havel was a criminal and Charter 77 merely an “insignificant” group. In fact, in 1989 Senator Dennis DeConcini and I nominated Vaclav Havel for the Nobel Peace Prize. As Senator DeConcini said, “[i]n spite of relentless harassment by the authorities, including imprisonment, repeated detentions, house searches, and confiscation of property, Havel has remained active in the struggle for human rights. . . Havel is now in prison, but he is not alone in his cause. In a dramatic move. . . over 700 of his colleagues – playwrights, producers, artists, and actors – signed a petition calling for his release and the release of others [similarly imprisoned]. For these people, like many others in his country, Vaclav Havel has become a symbol of an enduring and selfless commitment to human rights.” Madam Speaker, on this 30th anniversary of the founding of the Charter 77 movement, I rise to commend and remember the courageous men and women, signatories and supporters, who paved the way for the peaceful transition from communism in Czechoslovakia and restoration of Europe, whole and free. On this anniversary, I give special tribute to Vaclav Havel, playwright and president, and his singular role in leading his country to freedom. IN HONOR OF VACLAV HAVEL AND THE 30TH ANNIVERSARY OF CHARTER 77 HON. CHRISTOPHER H. SMITH OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Tuesday, February 27, 2007 Mr. SMITH of New Jersey. Madam Speaker, Edmund Burke once said that, “all it takes for evil to triumph is for good men to do nothing.” Thirty years ago, good men and women came together, and together, they ultimately triumphed over evil. In 1987, I traveled to Czechoslovakia with a Helsinki Commission delegation led by my good friend, STENY HOYER, who was then Chairman of the Commission. We traveled there just ten years after the Charter 77 movement had been formed and, amazingly, in spite of persecution and imprisonment, they had managed to publish 350 documents during its first ten years. And it was clear during my visit to Prague that this organization was having an impact, especially when the communist authorities went to the trouble of preventing five independent activists, including Vaclav Havel, from meeting with us. In spite of this, our delegation was able to meet with several other Charter 77 signatories and sympathizers: Libuse Silhanova, Josef Vohryzek, Father Vaclav Maly, Zdenek Urbanek, and Rita Klimova. Libuse Silhanova, then serving as a Charter 77 spokesperson, described her fellow Chartists as ``ordinary people who happen to be part of a movement.'' For a group of ``ordinary people,'' they certainly accomplished extraordinary things. One of the most notable of these “ordinary people” was the playwright Vaclav Havel, who is today the sole surviving member of Charter 77’s first three spokespersons. At a time when most Czechoslovaks preferred to keep their heads low, he held his up. When others dared not speak out, he raised up his voice. While others hid from communism in their apartments and weekend cottages, he faced it down in prison. In 1978, Havel wrote a seminal essay entitled, “The Power of the Powerless.” In it, he proposed a remarkably conspiratorial concept: the idea that those repressed by the Communist Lie actually had the power to “live for truth,” and that by doing so, they could change the world in which they live. One of the people who read this essay was Zbygniew Bujak, who became a leading Solidarity activist in Poland. Bujak described the impact of Havel's message: This essay reached us in the Ursus factory in 1979 at a point when we felt we were at the end of the road. Inspired by KOR [the Polish Workers' Defense Committee, which preceded Solidarity], we had been speaking on the shop floor, talking to people, participating in public meetings, trying to speak the truth about the factory, the country, and politics. There came a moment when people thought we were crazy. Why were we doing this? Why were we taking such risks? Not seeing any immediate and tangible results, we began to doubt the purposefulness of what we were doing. Shouldn't we be coming up with other methods, other ways? Then came the essay by Havel. Reading it gave us the theoretical underpinnings for our activity. It maintained our spirits; we did not give up, and a year later – in August 1980 – it became clear that the party apparatus and the factory management were afraid of us. We mattered. And the rank and file saw us as leaders of the movement. When I look at the victories of Solidarity, and of Charter 77, I see in them an astonishing fulfillment of the prophecies and knowledge contained in Havel’s essay. Vaclav Havel’s essay was not just the product of clever wordsmithing; it was an act of singular heroism. In fact, shortly after writing “The Power of the Powerless,” Vaclav Havel found himself in prison, again. And it should be remembered that others, including philosopher Jan Patocka, Havel's close friend, and Pavel Wonka, paid with their lives for their opposition to the Czechoslovak communist regime. Vaclav Havel is a man who has always been guided by the courage of his convictions. Remarkably, his courage did not fade upon his assumption of the presidency. Indeed, he is all the more heroic for his steadfast commitment to human rights even from the Prague Castle. From the beginning, he was a voice of reason, not revenge, as he addressed his country's communist and totalitarian past. In 1993, he rightly identified the situation of Roma as “a litmus test for civil society.” And not only has he raised human rights issues in his own country but reminds the world of the abuses taking place in Cuba and China. Throughout his presidency, he pardoned those faced with criminal charges under communist-era laws that restrict free speech. In 2001, he spoke out against the parliament's regressive religion law, which turned the clock back on religious freedom. And he has reminded other world leaders of our shared responsibility for the poor and less fortunate the world over. On the occasion of the 30th anniversary of the founding of Charter 77, I want to join my colleagues from the Helsinki Commission in honoring Vaclav Havel and all the men and women who signed the Charter, who supported its goals, and who helped bring democracy to Czechoslovakia. IN HONOR OF VACLAV HAVEL SENATOR SAM BROWNBACK OF KANSAS IN THE SENATE March 07, 2007 Mr. BROWNBACK. Mr. President, today I wish to join my colleagues from the Helsinki Commission in commemorating the founding of the Charter 77 movement 30 years ago, and praising Vaclav Havel, one of Charter 77’s first spokesmen and the first post-Communist President of Czechoslovakia. Many aspects of Vaclav Havel’s biography are well known. His advanced formal education was limited by the Communist regime because of his family's pre-World War II cultural and economic status. By the 1960s, he was working in theater and writing plays. But by 1969, the Communist regime had deemed him “subversive,” and his passport was confiscated. In 1977, he took the daring step of joining two others – Jan Patocka and Jiri Hajek – in becoming the first spokesmen for the newly established “Charter 77” movement. This group sought to compel the Czechoslovak Government to abide by the international human rights commitments it had freely undertaken, including the Helsinki Final Act. In the 1970s and 1980s, Vaclav Havel was repeatedly imprisoned because of his human rights work. His longest period of imprisonment was 4 1/2 years, 1979-1983, for subversion. After this, Havel was given the opportunity to emigrate but, courageously, he chose to stay in Czechoslovakia. By February 1989, Havel had come to symbolize a growing human rights and democratic movement in Czechoslovakia and, that year, the Helsinki Commission nominated him for the Nobel Peace Prize. Remarkably, in November 1989, the repressive machinery of the Communist regime – a regime that for five decades had persecuted and even murdered its own citizens – collapsed in what has come to be known as the “Velvet Revolution.” To understand just how repressive the former regime was – and therefore how stunning its seemingly sudden demise was – it may be instructive to recall the first measures of the post-Communist leadership, introduced in the heady days of late 1989 and early 1990. First and foremost, all known political prisoners were released. Marxism-Leninism was removed as a required course from all school curricula. Borders were opened for thousands of people who had previously been prohibited from traveling freely. Control over the People's Militia was transferred from the party to the Government. The Federal Assembly passed a resolution condemning the 1968 Soviet-led invasion of Czechoslovakia. Approximately 40 Ambassadors representing the Czechoslovak Communist regime were recalled. Newly appointed Foreign Minister Jiri Dienstbier announced that the “temporary” 1968 agreement allowing Soviet troops to remain in Czechoslovakia was invalid because it was agreed to under duress and that Soviet troops would withdraw from the country. The Politburo announced it would end the nomenklatura system of reserving certain jobs for party functionaries. The secret police was abolished. Alexander Dubcek, leader of the 1968 Prague Spring, was elected Chairman of the Federal Assembly on December 28 and, a day later, Vaclav Havel was voted to replace Gustav Husak. In February 1990, Vaclav Havel addressed a joint session of Congress. Charter 77 paved the way for all of these things, and more: for Czechoslovakia's first free and fair elections since 1946, for the normalization of trade relations between our two countries, and for the Czech Republic's accession to NATO. Not surprisingly, the work of Charter 77 continues to inspire, as is evidenced by the adoption of the name “Charter 97” by human rights activists in Belarus, who are still working to bring to their own country a measure of democracy and respect for human rights that Czechs have now enjoyed for some years. I am therefore pleased to recognize the 30th anniversary of the Charter 77 movement and to join others in honoring Vaclav Havel who remains, to this day, the conscience of the global community.
Remarks by Ambassador Clifford G. Bond at the International Forum BosniaSaturday, March 10, 2007
It is good to be back in Sarajevo again and I feel very much at home in this city and this country. When Dr. Mahmutcehajic invited me to speak at today’s conference on “American Policy in the Western Balkans,” I suggested that it might be best if I provided a perspective on the on-going work of the Helsinki Commission, which is where I am currently serving, and its impact on U.S. policy in the Balkans. The Commission is a unique institution made up of members of the U.S. Congress. It is not an easy task to generalize about the views of Commission members since each representative and senator is independent. Those who serve on the Commission do so because they share a commitment to human rights and democracy, and want to have an impact on U.S. engagement on these issues especially in the OSCE area, but beyond as well. Congress’ role in foreign policy, as in other areas, is to ensure that policy reflects the democratically expressed will of the American people. It balances the expertise of diplomats at the State Department and other Executive Branch agencies with a consideration of what the public will support. This is one reason why U.S. foreign policy has taken a more comprehensive view of security that includes democratic development and human rights, as opposed to a more “realpolik” view of the world. This was evident in the Balkans throughout the 1990s. In response to conflict in Bosnia, for example, many in Congress pressed the Bush and later Clinton Administration for a more activist and a more interventionist response. Members of Congress, including members of the Commission at that time, were among the first in government to advocate not only for efforts to contain the conflict but for decisive action, including the use of force if necessary, to stop it. Whenever I addressed an audience in Bosnia and Herzegovina (BiH) in the past, the question invariably arose of whether the Balkans remained a priority for the U.S. Obviously the region receives much less attention today than it did 10 years ago. But it would be incorrect to say that the Balkans is ignored and developments on the ground are not being followed on Capitol Hill. There remains an understanding within Congress that the work of the international community is incomplete in this region and that the states of the western Balkans deserve to be integrated into Europe and Euro-Atlantic institutions. This has sustained Congressional support for NATO enlargement and the process of EU integration of the western Balkans, a view that runs even deeper among members of the Helsinki Commission. Moreover, at the initiative of representatives of the more than 300,000 members of the Bosnian-American diaspora, a new bipartisan Bosnian Caucus is being set up within Congress to focus on and support issues of importance to Bosnia and Herzegovina and the region. The Helsinki Process and the Commission Now let me say a few words about the work of the Helsinki Commission. As I said, it is an independent agency created by Congress in 1976 to advance human rights and encourage compliance with the principles of the Helsinki Final Act, particularly its human rights commitments. The Commission is composed of members of both houses of the U.S. Congress. Successive agreements within the Vienna-based Organization for Security and Cooperation in Europe (OSCE) have expanded these common Helsinki standards into a whole framework of human and humanitarian rights. These have come to be termed the “human dimension” of the OSCE’s work. These agreements are not treaties, but political commitments which all participating states, including Bosnia and its neighbors, have adopted on the basis of consensus. Significantly, however, these same states have agreed that these are issues of direct and legitimate concern to all participating states of the OSCE and do not belong exclusively to the internal affairs of the state concerned. Democracy and human rights are thus matters of international concern. This has created a Helsinki process of bilateral and multilateral dialogue that includes the active participation of NGOs as well as governments in assessing the level of compliance with these common commitments. One element of that process is an annual review of implementation which takes place in Warsaw. I participated in the 2006 session and can assure you that it provided a forum for frank and open exchange of how our countries are or are not living up to our OSCE commitments. My own government faced serious criticism in terms of some aspects of its conduct of the fight against terrorism. Since 1989, Europe has undergone an historic transformation and the OSCE has played a vital role in this process of transition to democracy, particularly in the post conflict situation in the western Balkans. Much of this work has been driven on the ground by its field missions, such as the one headed here in Sarajevo by Ambassador Davidson. The Commission believes strongly that this work remains critical to the states of the western Balkans in helping them to overcome a legacy of communism and war. A permanent democratic transformation in the western Balkans will require a rethinking of the overall conditions of society with an aim of protecting rights and instituting peaceful change. Public debate needs to be expanded beyond a discussion of group rights to the rights of the individual and improving the overall quality and dignity of life, which is the essence of the OSCE’s human dimension. This process has not advanced nearly as far as it must to build modern societies in the region. Integration through Consolidating Democracy and Rule of Law Let me now review some of the areas of particular interest to the Commission and its members and where it will be pushing to influence U.S. policy in future. These are areas where I think more public debate and more active local NGO engagement with governments in the region will be essential. As I said, the Commission has been a strong advocate for the integration of the region into Euro-Atlantic institutions. This remains the best long term strategy for securing both peace and prosperity. The key to that integration is consolidating democracy, rule of law and good governance. There has been tremendous progress in this regard, but complacency must be avoided. Political leaders in Bosnia have come to realize that reforming their Dayton-era constitution in ways that make the government more functional and compatible with EU requirements is a necessary step. The U.S. Senate adopted a resolution (S. Res 400, 109th Congress) last year voicing support for this constitutional reform process. It did not advocate for specific changes, which must be decided by the people of Bosnia, not the international community. From the perspective of the Helsinki Commission, however, we think it critical that reforms, in addition to changes in the structure of government, guarantee the human and civic rights of all the citizens of BiH. As you know, the current constitutional provisions restrict Serbs living in the Federation, Bosniaks and Croats living in the RS, and non-constituent peoples, no matter in what part of the country they reside, from running for the post of BiH presidency. This is a violation of both the European Convention on Human Rights and the 1990 OSCE Copenhagen Document. This inability of all citizens to fully participate in BiH’s political life should be corrected. If we look at elections as another benchmark of progress in consolidating democracy, we can see that virtually all countries in the western Balkans are approaching the international standards for free and fair elections. Last October’s elections in Bosnia and Herzegovina were judged by the OSCE to be in line with international standards. Similarly the general elections held recently in Serbia were judged by OSCE as being conducted in a free and fair manner. Going beyond the technical conduct of these elections, however, the results and the tenor of the elections in the region are a matter of concern. In Bosnia nationalistic campaign rhetoric approached pre-war levels and polarized the electorate along ethnic lines. In Serbia the strong showing of the Serbian Radical Party and statements by other politicians indicated a lack of willingness among a large part of the population to come to terms with the crimes committed during the Milosevic era. Hopefully, over time, democratic forces in the region will prevail and a true reconciliation can be achieved. Without a meaningful break with the past and a full recognition in Serbia and the Republika Srpska (RS) of the crimes that were committed during the Milosevic era, however, this task will be immensely more difficult to accomplish. The decision of the International Court of Justice on February 26 does not change the need for this recognition or absolve Serbia or the Republika Srpska of responsibility in this regard. The ICJ confirmed an act of genocide was committed and that Serbia was in a unique position to prevent it. By failing to do so, Serbia violated the Genocide Convention and continues to violate it by not bringing the perpetrators of that genocide to justice. The court’s decision also makes clear that the full responsibility for conducting that genocide lies with the leadership and members of the military in the RS at that time. Unfinished Business It was to bring war criminals to justice and to determine the objective truth of what occurred in the Balkans that the Helsinki Commission was an early proponent of the establishment of the International Criminal Tribunal for the former Yugoslavia. It has pressed all countries in the region to fully cooperate with the Tribunal. The Commission has welcomed the establishment of the War Crimes Chamber within the BiH State Court, and the decision to transfer more cases from The Hague to the region for local prosecution. Despite building this indigenous capacity to conduct trials, there is a strongly felt sense within the Commission that the work of the International Tribunal should not be concluded until Ratko Mladic and Radovan Karadzic are brought to justice. The real message that Belgrade should take from the ICJ’s verdict on February 26 and convey to these indicted war criminals is that: “your time is up.” Other consequences of the war are still being dealt with. More than ten years after Dayton, additional mass graves continue to be uncovered. The Helsinki Commission recently organized a briefing on Capitol Hill at which Amor Masovic reported on the work of the State Missing Persons Commission. We believe that international support for determining the identification of these missing persons must continue. The right of refugees and displaced persons from the Balkan conflicts to return home has not been fully guaranteed. The 2005 Sarajevo Declaration on Refugee Return and Integration was a notable achievement in this regard, but implementation of this trilateral arrangement has been too slow. The Commission has urged Bosnia and Croatia and Serbia in particular to intensify efforts to ensure durable solutions for resettlement are found and displaced persons and refugees given access to all rights, including the right to property and citizenship. The legal issues involved are complicated, but with political will these can be managed and refugees re-integrated into society. In the midst of war in the 1990’s the region was confronted with a new and dangerous form of organized crime – human trafficking. Considerable progress has been made in the region in combating this modern day form of slavery, but even greater efforts are required. Trafficking also needs to be looked upon as not just as one field of criminal activity, but as part of a wider issue of corruption in the region. While criminals organize this activity, it is corruption that allows them to get away with it or go unpunished when caught. Preventing Future Conflict A fundamental principle behind the Helsinki Final Act is that there can be no true security without a commitment to democracy and human rights. Addressing the root causes of intolerance and discrimination are therefore essential to preventing future conflict in the region. The OSCE has done pioneering work in this area and is developing programs to prevent hate crimes and discrimination by confronting the sources of intolerance and by strengthening respect for ethnic and religious diversity. In a series of high level conferences the OSCE has sought to encourage states to collect hate crimes statistics, share information and strengthen education to combat intolerance as well as increase training of law enforcement officials. This is clearly a subject of importance to the entire region and governments should be cooperating in this work. We want to encourage regional participation at the next high level meeting on tolerance to be held in June in Bucharest. The Romanian government is now putting together an agenda which will cover racism, anti-Semitism and intolerance against Muslims and Christians as well as relevant programs to combat this discrimination. We want the conference to consider ways that our societies can move beyond tolerance to acceptance and recognition of diversity. I hope we can count on broad government and NGO representation from the region, but particularly from Bosnia, at the conference. Bosnia can and should be a leader in promoting dialogue among religious groups. We would very much like to see Bosnia host an OSCE event on this theme in future. At the Warsaw human dimension’s meeting last year there was only one Bosnian NGO represented. This was the National Council of Roma, but its participation was very significant for us. The plight of the Roma has been a special concern of the Helsinki Commission. No group within the former Yugoslavia has faced discrimination and exclusion so broadly as the Roma have. They continue to be deprived of housing and property rights, face difficulties in accessing personal documents and establishing citizenship. Many have no access to healthcare or education. In view of this widespread discrimination, not just within the Balkans but throughout Europe, the OSCE has sought to address the specific problems of the Roma. Your local Bosnian Helsinki Committee has also recently translated a human rights manual into Romani and I hope this will assist this marginalized community to assert and defend its rights. Eight governments of central and southeastern Europe have taken their own political initiative, titled the “Decade of Roma Inclusion,” to close the gap in welfare and living conditions between the Roma and non-Roma in their societies. Their aim is to break the cycle of poverty and exclusion by 2015. Several of the western Balkan states are active in this initiative. My understanding is that Bosnia is not yet a participant. It should be. One way to judge a society is by how well it protects the rights of those least able to realize them on their own. Any sincere effort to create modern, rights-based societies in the Balkans cannot overlook the plight and abuse of the civil, political, economic and social rights of the Roma. Among fundamental freedoms is the right to religious expression and belief. This is an issue of deep concern to Commission members. The right to practice your faith is no more secure than your readiness to acknowledge the right of others to practice theirs. Since the fall of communism various laws have been adopted in the region to provide for religious freedom, but these have unfortunately had the effect in some respects of restricting this fundamental right. They set numerical thresholds for the registration of religious groups, discriminate in favor traditional faiths, and place limits on free speech and proselytizing. These restrictions are particularly burdensome to new religious denominations and can lead to harassment against and stigmatization of their members. Albania, in contrast, has adopted a progressive law which provides for a neutral registration system that is applied universally. This is a model others in the region should consider adopting. Meanwhile, there is a need to step up efforts to respect the sanctity and ensure the safety of places of worship that have been targets of ethnically based violence in Bosnia, Serbia and Kosovo. Governments need to adopt a “zero-tolerance” approach in responding to such provocations. Finally let me address the situation of Kosovo. The pending decision on the final status of Kosovo has given rise to much anxiety and apprehension in the region. Much of the debate on Kosovo has focused on the larger issues of sovereignty, territorial integrity and self-determination. Within Congress and even within the Helsinki Commission reaching a consensus on the right outcome in Kosovo is difficult, but two things are clear. First, there is no connection between Kosovo’s future and the recognized sovereignty and the territorial integrity of Bosnia and Herzegovina. Second, whatever form a Kosovo settlement takes, the fundamental issue in the Commission’s view is whether or not it improves the respect for human rights, especially the rights of those people belonging to the Serb, Roma and other minority communities. Those rights include the protection of property and the right of return for displaced persons. Any settlement should also encourage a process of integration and inclusion of these minority communities within a broader Kosovo society. From this perspective the proposed plan of UN Special Envoy Ahtissari can serves as a solid basis for compromise. Even if Belgrade and Pristina cannot agree on the issue of status, they should be engaged in serious negotiations to protect the rights of these minority communities. But whatever becomes of Kosovo, the OSCE and other international human rights standards must apply there and the OSCE must be fully involved in monitoring implementation of any settlement to assure these rights are respected. Conclusion My remarks have focused on some areas of concern, but let me say in conclusion that the region of the western Balkans has come a long way since the 1990’s. The international community has made a substantial investment in the peace, stability and reconstruction in the region, and we welcome this progress. Slovenia is a full-fledged member of NATO and the EU. Croatia is well on the road to membership in both, and Macedonia and Albania are making progress in the right direction. In a welcome development at the end of last year, Bosnia, Serbia and newly independent Montenegro were invited to join NATO’s Partnership for Peace. The regional trajectory is positive. More importantly, the EU and NATO have made a political commitment to include all of the western Balkan states into Euro-Atlantic institutions, and recognized that Europe will be incomplete without your countries. That does not relieve you of the responsibility to meet the conditions of membership in these institutions, but it does offer a bright future for the region. The issues your societies now face are perhaps less dramatic than achieving peace was a decade and more ago. These are issues of complying with human rights norms and improving the quality of life and the relationship between the individual and his or her government. These issues should be a matter of open, public debate in local and regional fora like this one. For too long nationalism and an “us versus them” mentality have dominated public discussion and driven politics in the region. It is time politicians on all sides put down the megaphones and drop the rhetoric that they have been using to polarize the situation. A new dialogue based on an open discussion of these human issues needs to replace it. This is essential to preventing future conflict, promoting economic and social development and sustaining peace. Only political will on the part of governments and party leaders and the full engagement of NGOs and citizens in this Helsinki process of dialogue can get this job done and complete the transition of the western Balkan states into permanent and stable democracies.
Max Kampelman Fellowships
The Commission on Security and Cooperation in Europe seeks candidates for its Max Kampelman Fellowship program. Named for a longtime U.S. Ambassador to the Conference on Security and Cooperation in Europe, Kampelman Fellows represent the next generation of American leaders in security policy, human rights, and strategic communications. Meet our current and former Kampelman Fellows.
Kampelman Fellows join a team of world-class experts at an independent, bicameral, bipartisan, inter-branch federal agency. The Helsinki Commission advances American national security and national interests by promoting human rights, military security, and economic cooperation in 57 countries. Fellows regularly interact and work on policy with Congressional offices, executive branch officials, foreign diplomats, civil society, and the broader policy community.
Kampelman Fellowships last from three to four months, with a minimum of three days per week. Fellows are paid $12 per hour, and are offered ongoing enrichment, professional development, and networking opportunities facilitated by senior commission staff.
Policy fellows will work in political and military affairs, economic and environmental matters, or respect for human rights and fundamental freedoms, based on their areas of interest, expertise, and needs of the Commission. Under the direction of commission policy advisors, policy fellows research policies and trends relating to international military, economic, and human rights commitments throughout the 57-country OSCE region; assist staff advisors with hearings, briefings, congressional delegations, legislation, and publications; attend congressional hearings, panels, and events; and perform administrative duties. Each fellow is expected to write at least one article for publication on the commission website during his or her fellowship period.
Under the direction of the communications director, communications fellows support projects and initiatives in all areas of the commission’s portfolio. Communications fellows assist with media outreach activities; help publicize Commission hearings and briefings; staff Commission events; develop web content; and craft creative and engaging content to be shared on social media. They also assist with other special communications projects and perform administrative duties. Each fellow is expected to write at least one article for publication on the commission website during his or her fellowship period.
The Kampelman Fellowship program is open to recent undergraduates, current graduate students, and undergraduate students with previous internship experience.
All Kampelman Fellowship candidates should have a keen interest in learning more about international affairs, the inner workings of Congress, and the relationship between the legislative and executive branches in the realm of foreign policy. Proficiency in a second OSCE language is an asset.
Pursuant to Section 704 of the Consolidated Appropriations Act, 2017, Pub. L. No. 115-31 (May 5, 2017), as amended, an applicant must be one of the following: (1) a citizen of the United States; (2) a person who is lawfully admitted for permanent residence and is seeking citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) a person who is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or (4) a person who owes allegiance to the United States.
Policy Fellows: A broad liberal arts education is ideal. Applicants should demonstrate excellent writing, analysis, research, and oral presentation skills, as well as an interest in government, international relations, and human rights.
Communications Fellows: Candidates with a focus on marketing, communications, journalism, public relations, or related disciplines are encouraged to apply. Applicants should demonstrate excellent writing and editing skills; a good working knowledge of photography, cutting-edge web content management systems, and new media platforms; and an interest in government, international relations, and human rights.
How to Apply
Please send the following application package to csce[dot]fellowships[at]mail[dot]house[dot]gov.
- Brief cover letter indicating the following:
- Why you want to work for the Commission, including relevant background or personal experiences
- Your specific areas of interest as they relate to the work of the Commission
- Your availability (start and end dates, as well as hours per week)
- Résumé of no more than one page
- Academic transcript(s) (official or unofficial)
- Writing sample of three pages or less
In the subject line of your e-mail application, please indicate whether you are applying for a policy fellowship or a communications fellowship.
Only complete applications will be considered. Please do not contact the commission to inquire about the status of your application; finalists will be notified if they have been selected for an interview.
- Spring fellowships (January – April): November 1 at 11:59 p.m. EST
- Summer fellowships (June – August): March 15 at 11:59 p.m. EST
- Fall fellowships (September – December): July 15 at 11:59 p.m. EST