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hearing
WHITHER HUMAN RIGHTS IN RUSSIA?
Friday, January 15, 1999This hearing focused on the human rights situation in Russia. Russia is no longer an authoritarian dictatorship and civil liberties have improved. However, the decline in Russia’s recent economic fortunes has been accompanied by disturbing developments in the area of human rights and civil liberties. A religion law developed in 1977 has led to legal difficulties and complications for some religious organizations in their dealings with local authorities, most notably the declaration of Jehovah Witness as a “destructive sect.” Also recent cases of a crackdown on activist has led to Russia’s first political prisoner since the defunct Soviet Union with the arrest of the environmental whistleblower, Alexandr Nikitin.
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hearing
The Milosevic Regime Versus Serbian Democracy and Balkan Stability
Thursday, December 10, 1998This hearing, presided over by the Hon. Chris Smith, then Co-Chairman of the U.S. Helsinki Commission, was held on the fiftieth anniversary of Human Rights Day, when the Universal Declaration of Human Rights was adopted in Paris by 56 members of the United Nations. Regarding the atrocities of Slobodan Milosevic and his regime, then, this hearing’s date was perfectly apropos. The storied crimes by the Milosevic Regime are world renowned. The hearing was held in the wake of actions by the regime taken against Serbia’s independent media. Earlier on, Milosevic refused to acknowledge the results of municipal elections in Serbia, and, of course, the violent conflicts that the regime was culpable for.
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briefing
The Ombudsman in the OSCE: An American Perspective
Wednesday, December 02, 1998This briefing assessed the role of ombudsmen institutions in the countries of the Organization for Security and Cooperation in Europe from an American perspective. The ombudsman institution was described as a flexible institution; adaptable to national and local government structures in a wide variety of countries, and a brief evaluation of the evolution of this institution was presented. Dean M. Gottehrer, a consultant on ombudsmen in human rights institutions for the United Nations Development Program, Office for Democratic Institutions and Human Rights of the OSCE, and the United States Information Agency, presented a personal analysis of the role of ombudsmen institutions in protecting human rights in OSCE participating states.
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publication
Report on Elections in Bosnia-Herzegovina
Tuesday, September 01, 1998On September 12 and 13, 1998, elections were held in Bosnia-Herzegovina for offices ranging from the collective state presidency to several local counsils. These elections were the latest in what have been an angoign series of elections since the Dayton Agreement ended the Bosnian conflict in December 1995. Like those in 1996 and 1997, these elections were also administered by the Organization for Security and Cooperation in Europe (OSCE) through a Provisional Election Council (PEC). Continuous elections, if held in as free and fair a manner as possible, have been viewed by the international community as a means to bring stability and recovery to a country divided by extreme nationalist political leaders, particularly among the Serb population, many of whom remain in positions of power or influence. There were few of disruptions during the two days of voting. Unfortunately, in what were otherwise well administered elections, there were major, albeit unintentional, flaws in the OSCE-prepared voter registration lists, preventing or making it difficult for many citizens to vote and encouraging local suspicions of international manipulation. Nevertheless, international observers deployed by the OSCE concluded that the will of the people was generally reflected in the results. These results did not bring any major change in Bosnia's political leadership, which remains largely in the handes of political parties representing the three major ethnic groups - the Bosniacs, Serbs, and Croats. They did, however, continue the trend of previous elections in bringing greater diversity to Bosnian politics. Among the Bosniac population in the Bosnian Federation, the opposition which promoted a multi-ethnic Bosnian society did make some gains, while among Bosnian Croats there was an advance in the simple fact that some serious alternatives existed. In Republika Srpska, however, nationalist sentiment showed a resiliency which the international community found disappointing given the major effort over the past year to promote political moderation. This was especially reflected in the defeat of the incumbent President of Republika Srpska, Biljana Plavsic. Overall, the 1998 elections may represent one small but definite step toward eventual political reunification of Bosnia's two entities and social reintegration after the devastating conflict. On the other hand, such incremental change may be insufficient to counter the solidification of the country's division. It is uncertain whether time is working for, or against, Bosnia's future as state. The elections have made certain, however, that structural change in the electoral and even the political process - promoting a social consensus across ethnic lines - is now needed. Within the next year, the international community must work to see if the Bosnian people themselves are prepared for such a step.
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briefing
Deteriorating Religious Liberty in Europe
Thursday, July 30, 1998Senior Advisor to the Commission, E. Wayne Merry, chaired this briefing which was part of a series by the Commission on the subject of religious liberties within the OSCE region. This series was prompted by a perceived developing problem of restrictions on religious liberties in several participating states to the OSCE. At the time, the Commission was devoting most of its attention to the countries that that traditionally had a much more tolerant view toward religious minorities, such as those in Western and Central Europe. Participants in this briefing included Francesca Binda, Karen Gainer, and Paul Rowland, all with the National Democratic Institute (NDI) and International Republican Institute (IRI) personnel Eric Jowett and Kent Patton.
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briefing
Deterioration of Religious Liberty in Europe
Wednesday, July 22, 1998This briefing addressed the persisting question of problems of religious liberty and the patterns of discrimination against religious minorities and other belief groups that had developed in a number of countries in the OSCE region in the aftermath of the Cold War. Efforts of improving religious liberty in former communist countries were discussed, as well as the need for spending time and attention on countries farther west, like France, Belgium, and Austria, in which concern for religious minorities was also expressed. Witnesses testifying at the briefing – including Willy Fautre, Director of Human Rights without Frontiers and James McCabe, Assistant General Counsel of Watchtower Bible and Tract Society – examined the multi-tiered system that European countries employ regarding religion, and the different statuses and treatment of citizens based on where their religion falls within this system. The issues faced by minority religious associations, like being targeted by fiscal services, were also topics of discussion.
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briefing
Pluralism and Tolerance in Croatia
Wednesday, May 13, 1998This briefing moderated by Commission Policy Advisor Robert Hand focused on the many developments in Croatia at the time, including the issue of human rights- an area that Croatia needed to improve upon. Likewise, in order to be fully embraced by the European community, as Hand said, the country needed to democratize. At that point in time, the country of Croatia stood at a crossroads. In January 1998, Croatia resumed control over eastern Slavonia, its last enclave occupied by Serb militants since the fall of 1991. Before resumption of Croatian control, the area was under U.N. administration the two years before. As sovereignty was reached on the entire state territory, priorities began to shift and the Croatian government came under strong internal and external pressure to allow acceleration of democratic development.
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hearing
Bosnia
Thursday, February 05, 1998During this briefing, Robert Hand, policy advisor at the Commission, led a discussion regarding Bosnia and its different regions. He spoke of the situation in Bosnia in 1998 and the power of ethnically-based political parties, retained through nationalism, corruption, and control of the media. Reconstruction in Bosnia has slow and challenging due to poor economic conditions and the continued displacement of certain populations. The witnesses - Luke Zahner, Candace Lekic, Jessica White, Roland de Rosier, Kathryn Bomberger, Brian Marshall - have served in regions all over Bosnia and gave valuable input on the differences between regions and their rehabilitations processes after the Dayton Accords. They also spoke of the influence of Republica Srpska and the Bosnian Federation on said regions. Paying attention to these differences, they state, is important in that the United States wants to support only those that successfully implement the Dayton Accords.
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briefing
OSCE Human Dimension Implementation Meeting
Tuesday, October 28, 1997The purpose of this briefing, which Helsinki Commission Chief of Staff Michael Hathaway presided over, was to provide information to the public about the U.S.’s approach to the OSCE Human Dimension Implementation Meeting, as well as to hear from two highly respected non-governmental organizations regarding issues that they believed should have been taken up in Warsaw. At the point of the briefing, already established issues at Warsaw included freedom of religion, media, association on assembly, the prevention of torture, international humanitarian law, tolerance and non-discrimination, national minorities, and the plight of the Roma. The aim in mind was to encourage improved implementation of human dimension obligations by OSCE member states. Participants in this hearing included State Department Secretary Rudolph Perina, and Holly Cartner and Adrian Karatnycky with Human Rights Watch and Freedom House, respectively.
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publication
Report on Human Rights and the Process of NATO Enlargement
Sunday, June 01, 1997The Commission held a series of three public hearings on Human Rights and the Process of NATO Enlargement in anticipation of the summit of Heads of State and Governments of Member States of the North Atlantic Treaty Organization to be held in Madrid, Spain, on July 8 and 9, 1997. The emergence of new democracies in Central and Eastern Europe and the demise of the Warsaw Pact created a security vacuum in the territory between the current eastern frontier of NATO and the Russian border. The first attempt to address the new security realities in the region occurred at the end of 1991 with the establishment of NATOs North Atlantic Cooperation Council (NACC) as a forum for the evolution of a new relationship based on constructive dialogue and cooperation. In early 1994, the Partnership for Peace (PfP) was launched with the aim of providing a practical program to transform the relationship between NATO and states participating in PfP, moving beyond dialogue and cooperation to forge a genuine security partnership. (All 27 states of the Partnership for Peace (PfP) are OSCE participating States.) Simultaneously, NATO began to consider the possibility of enlarging the Alliance. The result was the 1995 Study on NATO Enlargement which addressed practical steps and requirements candidates for membership would have to satisfy. In December 1996, NATO foreign ministers called for a NATO summit at which one or more countries that wanted to join NATO would be invited to begin accession negotiations. The U.S. Congress was instrumental in stimulating the debate through several legislative initiatives. The NATO Participation Act of 1994 (PL 103-447) provided a reasonable framework for addressing concerns about NATO enlargement, consistent with U.S. interests in ensuring stability in Europe. The law lists a variety of criteria, such as respect for democratic principles and human rights enshrined in the Helsinki Final Act, against which to evaluate the suitability of prospective candidates for NATO membership. The Act stipulates that participants in the PfP should be invited to become full NATO members if they... remain committed to protecting the rights of all their citizens.... Under section 203, a program of assistance was established to provide designated emerging democracies with the tools necessary to facilitate their transition to full NATO membership. The NATO Enlargement Facilitation Act of 1996 (PL 104-208) included an unqualified statement that the protection and promotion of fundamental freedoms and human rights are integral aspects of genuine security. The law also makes clear that the human rights records of emerging democracies in Central and Eastern Europe interested in joining NATO should be evaluated in light of the obligations and commitments of these countries under the U.N. Charter, the Universal Declaration of Human Rights, and the Helsinki Final Act.
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briefing
Treaty on Conventional Armed Forces in Europe (CFE)
Thursday, February 20, 1997This briefing focused on the topics of European security and NATO enlargement, specifically in terms of the Treaty on Conventional Armed Forces in Europe. Elements of the treaty that remained especially important, including the goal of avoiding destabilizing concentrations of forces in Europe and the goal of creating greater transparency and promoting information exchange among governments in Europe, were discussed. Witnesses testifying at this briefing spoke to the need for amendments and changes to the CFE, but maintained the relevance of the treaty to international security. Different strategies for making these changes related to Russian pressure and NATO involvement were presented.
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briefing
Brcko and the Future of Bosnia
Tuesday, December 10, 1996The briefing was introduced by Robert Hand, policy advisor at the Commission , who addressed the status of Brcko. Both a city and a district in northern Bosnia-Herzegovina along the Sava River, Brcko borders on the Slavonian region of Croation. Prior to the conflict in Bosnia-Herzegovina in 1992, Brcko had a mixed population, but this was destroyed by the ethnic cleansing. Hand then discussed the strategic importance of Brcko, often called the Posavina Corridor, as it serves as a corridor by which the Serb-held region of western Bosnia is linked to Serbia and to eastern Bosnia. Witnesses - Frank McCloskey, Special Counsel to the Bosnian Federation; Susan Woodward, Senior Fellow, Foreign Policy Studies, the Brookings Institution; Soren Jessen Petersen, Former UNHCR Special Envoy for the Former Yugoslavia; and Carol Schlitt, Attorney, National Defense University - highlighted the importance of Brcko, which was made evident by the fact that its status could not be agreed upon at the Dayton negotiations. This diverse group of experts concluded by commenting on the future of the region, and on Bosnia-Herzegovina in general.
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publication
U.S. Statements on the Human Dimension, 1996 OSCE Vienna Review Conference and Lisbon Summit
Friday, November 01, 1996This compendium of statements illustrates the U.S. perspective that one of the key and distinguishing features of the OSCE is the interlocking framework of critical, politically binding commitments which provide a common set of principles to which all participating States can aspire. The OSCE draws its real strength and practical flexibility from participating states' commitments to the values of the original Helsinki Act, rather than from a legalized, treaty-based institutional structure. A fundamental strength of the OSCE is the review process, which provides a regular opportunity to assess a participating states' efforts to further the realization of the Helsinki Accords within its own borders, and in its relations with other OSCE states. The OSCE is increasingly a pillar of European security. By facilitating honest implementation review the OSCE can strengthen security links based on common values.
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briefing
Civil Implementation of the Dayton Peace Accords in Bosnia
Friday, October 25, 1996Robert Hand, staff advisor at the Commission, led the discussion as part of a series of briefings on the situation in Bosnia-Herzegovina. This briefing focused on Bosnia-Herzegovina’s September elections, for which the Commission sent six observers. Hand was joined by Ambassador Robert Frowick, who was part of the Provisional Election Commission that organized the September elections. Ambassador Frowick spoke of the new institutions and their newly elected officials, but also addressed the internal divisions and outside pressures he had to combat when organizing the elections.
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publication
Serbia and Montenegro: The Prospects for Change
Thursday, August 01, 1996A staff delegation of the Commission on Security and Cooperation in Europe (Helsinki Commission) traveled to Serbia and Montenegro for one week in April 1996 to assess the situation in these republics in light of changes in the region resulting from the implementation of the Dayton Agreement and the end of the conflict in neighboring Bosnia-Herzegovina. In addition to meetings in the Federal and Serbian capital, Belgrade, and the Montenegrin capital Podgorica, the delegation traveled to Vojvodina, Kosovo and the Sandzak, where large non-Serb/Montenegrin populations reside. A seminar on refugees in the former Yugoslavia, held in Kotor, Montenegro, was also attended. The delegation met with federal, republic and regional officials, as well as representatives of independent media, opposition political parties, and human rights or humanitarian groups in each location. Upon the conclusion of their visit, the staff reported the delegation's findings and recommendations to the countries belonging to the Organization for Security and Cooperation in Europe (OSCE) and gave a public briefing immediately upon its return to Washington. Serbia's President, Slobodan Milosevic, has been viewed as largely responsible for the conflict associated with former Yugoslavia's demise, especially in Croatia and Bosnia-Herzegovina, and for un- democratic and ethnically intolerant conditions within Serbia itself. Montenegro, having some cultural af- finities with Serbia but also a desire for distinctness, is viewed as Serbia's reluctant accomplice, especially when the two proclaimed a new Federal Republic of Yugoslavia in 1992. The new, or "rump," Yugoslavia has largely been isolated by the international community as far as bilateral relations and multilateral activity. After almost four years of conflict in Bosnia-Herzegovina, however, the signing of the Dayton Agreement in December 1995 changed the regional environment in southcentral Europe significantly. Not only did the Agreement propose a settlement for Bosnia-Herzegovina, which is now being implemented, but it also created a more positive regional environment in which other problems plaguing the region might be resolved. Dayton could not have been achieved without the international community again working with the Serbian regime.
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hearing
Bosnian Elections III: Representatives of Bosnian Political Parties
Tuesday, July 30, 1996Robert Hand led the discussion on the upcoming Bosnian elections, which were scheduled for mid-September later that year. He was joined by representatives of political parties from Bosnia-Herzegovina, a rather diverse group of individuals - some of them represented parties in powers and others that are not and from various ethnic constituencies. The witnesses - Ljilana Bubic of the Republican Party of Bosnia-Herzegovina; Adnan Jahic, President of the Party for Democratic Action in Tuzla; Hasib Salkic, Secretary General of the Liberal Party of Bosnia-Herzegovina; Zdenko Kubicek of the Executive Board of the Croatian Party of Rights; Mirjana Malic of the Social Democratic Party of Bosnia-Herzegovina; and Zoran Tomic of the Croatian Democratic Union - introduced their parties’ histories, issues, and goals. They then focused more specifically on how they see the Bosnian elections unfolding and their thoughts about having them in the upcoming fall.
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hearing
Bosnia: Should the OSCE Certify Conditions Exist for Free and Fair Elections?
Wednesday, June 26, 1996The Helsinki Commission is focusing on what it considers one of the most important international events of this year, the elections in Bosnia-Herzegovina. The Commission has held several briefings on this topic already with election experts from the United States, with members of the Provisional Election Commission from Bosnia, with representatives of political parties from that country, and most recently, with persons close to the situation in Banja Luka. Human rights organizations and others following the situation in Bosnia have warned that conditions for a free and fair election simply do not exist; and yet, the U.S. Government and some European governments have pressured the OSCE to certify nonetheless. A robust discussion on curbing rampant political gerrymandering and obstructions to free and fair elections will be underscored in the hearing.
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briefing
Rebuilding Bosnia-Herzegovina: Strategies and the U.S. Role
Sunday, May 19, 1996The Helsinki Commission addressed the status of the ongoing rehabilitation efforts in Bosnia-Herzegovina following the conclusion of the war that took place between 1992 and 1995. Amidst lasting tensions, the Commission emphasized the need for reconciliation and for civilians to actively participate in this process. The primary witness, J. Brian Atwood, administrator of the Agency for International Development, emphasized several goals for moving forward in Bosnia-Herzegovina such as addressing the issue of displaced persons by repairing housing infrastructure, encouraging economic activity through international cooperation with the central bank, and initiating elections under free and fair conditions.
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publication
Report: Prosecuting War Crimes in the Former Yugolsavia, An Update
Wednesday, May 01, 1996In early 1996, with little fanfare, the U.N. Security Council quietly and quickly selected Canadian Judge Louise Arbour to succeed Justice Richard Goldstone, the first chief prosecutor for the International Criminal Tribunal for the Former Yugoslavia. The relative ease with which a replacement was chosen -- in contrast to the prolonged, relatively public, and embarrassing manner in which the Security Council members fought among themselves for nearly a year over the selection of the first prosecutor -- reflects the dramatically changed circumstances in which the Yugoslav War Crimes Tribunal now finds itself. At the time of Goldstone’s appointment in 1994, most observers of the Yugoslav conflict seemed to fall into one of two categories: those that thought war crimes trials should be held, but did not believe the Tribunal would ever indict anybody above the rank of private (let alone hold an actual trial), and those who believed that the mere discussion of war crimes trials undermined peace negotiations. Under Goldstone’s able stewardship, the Tribunal has developed a full complement of staff, including prosecuting attorneys and investigators; issued more than fifty indictments, including for the two highest ranking Bosnian-Serb political and military leaders and three members of the Yugoslav People’s Army; obtained custody of three men; and begun the Tribunal’s first trial. Goldstone has deftly managed a multitude of political crises, successfully traversed the treacherous waters of the U.N. bureaucracy, and, thus far, helped safeguard the legal integrity and credibility of the Tribunal. All of these factors, combined with the achievement of a tenuous peace agreement in Dayton in November 1995,2 now make the possibility of war crimes trials seem, to many, more real than ever before. This memorandum outlines the basic structure of the Tribunal and the most recent developments with respect to investigations and trials, cooperation by U.N. member states with the Tribunal, and funding.
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hearing
Mass Graves and Other Atrocities in Bosnia
Tuesday, December 05, 1995Rep. Chris Smith (NJ-04) and others discussed the atrocities committed against women, men, and children in the former Yugoslavian country of Bosnia. These atrocities exemplified Bosnia and Herzegovina, as well as the former Yugoslavia at large, as areas where internecine violence and strife seemed to be constant phenomena.
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Bosnia and Herzegovina
Beginning with the staff observation of the first multi-party elections in Bosnia-Herzegovina in November 1990, the Helsinki Commission has consistently been the most active body in the U.S. Congress in terms of following developments in that country and advocating policy responses.
The first Congressional Delegation visit organized by the Commission took place in 1991, more than a year before the Bosnian conflict began. On several occasions, Helsinki Commissioners traveled on the military airlift providing humanitarian aid to Sarajevo during the course of the 1992-95 conflict, and several delegations traveling to neighboring countries like Croatia, Romania and Macedonia were undertaken to meet with Bosnian refugees, assess the potential for conflict spillover, and encourage compliance with internationally imposed sanctions on Milosevic’s Serbia.
The aggression and ethnic cleansing which took place in Bosnia-Herzegovina from 1992 to 1995 – and the war crimes, crimes against humanity and genocide which defined those policies – remain the most severe violations of OSCE principles in a participating State since the Helsinki Final Act was signed in 1975. The Helsinki Commission documented the atrocities and abuses through regular congressional hearings and briefings and used these fora as well as correspondence, press conferences, meetings with senior Administration officials and legislation to discuss and advocate policy responses.
Beyond the initial efforts to merely contain the conflict, Helsinki Commissioners pressed U.S. leadership for decisive efforts to stop it, including the use of NATO assets to end the siege of Sarajevo and protect UN-designated safe havens, as well as to lift the arms embargo imposed on Bosnia-Herzegovina. Other Commission responses included early and active support for the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) to hold those responsible for atrocities to account, increased efforts to provide humanitarian aid, the greater acceptance of Bosnian refugees into the United States and the secondment of Commission staff to an OSCE spillover prevention mission.
The Dayton Agreement of November 1995 ended the Bosnian conflict. While concerned about some of the compromises made in Dayton for the sake of securing peace, the Commission continued a high-level of public activity to ensure that the core element of the agreement – Bosnia-Herzegovina as a viable state with its sovereignty and territorial integrity respected by its neighbors and with its citizens able to return to the country and their homes to begin the process of rebuilding, recovery and reconciliation – would be realized and sustained. The Commission focused particularly on the conduct of post-Dayton elections, including through their observation, assistance for democratic forces and independent institutions in Bosnia-Herzegovina, protections for displaced persons returning to areas where they now found themselves as highly vulnerable ethnic minorities, the exhumation of mass graves for the sake of criminal prosecution and ascertaining the fate of missing persons, and cooperation with the international tribunal by all states concerned. These efforts continue to this day.
New issues have also arisen, including the commemoration of the Srebrenica genocide, Bosnian aspirations to join NATO and the European Union, and the development of more effective government and adoption of constitutional reform measures that are necessary to make that happen. Helsinki Commissioners continue to press for continued U.S. engagement and international vigilance, including through continued legislative efforts in the U.S. Congress, to ensure the country completes the reform process and is integrated into European and Euro-Atlantic institutions along with its neighbors.
A 2018 visit was the latest formal Commission visit to the country and actively sought to encourage political reforms in Bosnia-Herzegovina. Although Bosnia-Herzegovina has demonstrated the capacity to implement reasonably free and fair elections, Commission staff continues to observe the electoral process, most recently in October 2018.
Staff Contact: Everett Price, senior policy advisor