The 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 NATO’s 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.  

This 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.

The election on March 5, 1995, for Estonia'’s national parliament, the Riigikogu, were conducted normally, without any serious violations of the election law or international standards. A seventeen-member delegation of the Organization on Security and Cooperation in Europe Parliamentary Assembly (OSCEPA) concluded that the election was “free and fair.” The OSCE Office of Democratic Institutions and Human Rights (ODIHR) reported that “[the election was] carried out in accordance with the principles contained in the electoral law and there are no major matters which the representatives wish to highlight.” ODIHR has submitted several suggestions to the Riigikogu and the National Electoral Committee for improving technical aspects of the process. Political party structures are noticeably undeveloped in the northeast, and in none of the polling stations were any local observers encountered. Discussions at the National Electoral Commission in Tallinn and with local precinct officials revealed some disagreement about the procedure for admitting local observers, around 700 of whom had registered with the National Electoral Commission prior to the election. In any case, the lack of local observers probably indicated general confidence by the citizenry that the government was capable of holding an orderly and honest election without the need for monitors. Checks with other international observers indicated that the only local observers noted were in Tallinn, and precious few of these.  

In summer 1991, the Helsinki Commission examined the situation of Russians in Estonia, in the form of a chapter of a larger report on national minorities in the CSCE context. The present report is essentially an update, and was occasioned by the most significant event affecting the status of Russians in Estonia since the country regained its independence in_ September 1991. In February 1992, Estonia passed a law that restored citizenship only to citizens of the interwar Estonian Republic and their descendants. Consequently, the great majority of Estonia's Russians, most of whom came to Estonia after its forcible incorporation into the Soviet Union in 1940, did not automatically becom citizens of Estonia and could not vote in the country's first: national election after the restoration of its independent, statehood, held on September 20, 1992. Estonia's citizenship law and the resultant exclusion of about 40 percent of the resident population from voting elicited from Russians, both inside and outside Estonia, charges of discrimination and human rights violations. Russian government officials and parliamentarians protested Estonia's treatment of Russians in international forums, in the media, and in Washington and other Western capitals. Considering their allegations of human rights violations, the Helsinki . Commission sent two staffers to Estonia to talk to Russians and Estonians and Study the situation on the ground before the election and on election day. Their primary mission was not to observe the election per se and this is not an election report; in fact, the Commission believed that the Estonian election authorities were quite capable of organizing free and fair elections. Rather, the Commission hoped to examine the reasons for, and possible consequences of, Estonia's deliberate decision not to giye citizenship and the vote to. some 40 percent of the population. The following is a report of the Commission staffs investigation. Their research and conclusions are based on interviews and discussions conducted in Tallinn, Kohtla-Jarve, Sillamae and Narva. The last three cities are in northeast Estonia and are mostly populated by Russians.