Name

Kazakhstan

Oil-rich Kazakhstan is the wealthiest and geographically the largest of the Central Asian States. It is the only country in the region, as well as the only Muslim majority country, to have held the Chairmanship of the OSCE. Although Kazakhstan has a vibrant civil society, there has been backward movement on human rights over the past years. Media and the Internet have been restricted, political opposition has been stifled, peaceful assemblies quashed, and freedom of religion limited through a series of new legislation ostensibly aimed at preventing extremism and terrorism.

In 2019, former President Nazarbayev stepped down unexpectedly, although he retains significant power through his lifetime role as Chairman of the Security Council. His successor, Kassym-Jomart Tokayev, promised significant reforms which have so far not materialized. The OSCE established the Centre in Astana in 1998; the mandate has been revised to create the current Program Office in Nur Sultan. The OSCE has observed national elections in Kazakhstan since 1999, although none have been found to have been held in accordance with international standards.

The Helsinki Commission has followed developments in Kazakhstan closely since its independence in 1991, and particularly examining the human rights situation in the country in the run-up to the Kazakhstani Chairmanship of the OSCE in 2010. 

Staff Contact: Janice Helwig, senior policy advisor

  • Related content
  • Related content
Filter Topics Open Close
  • Slovenia’s Leadership of the OSCE

    This hearing examined the challenges facing the Organization for Security and Cooperation in Europe in 2005. New and emerging threats from external actors, including terrorist organizations and rogue regimes, have led the organization to take a greater look at its periphery and seek multilateral responses to issues ranging from terrorist financing to arms proliferation. Issues related to OSCE work were on the agenda of the recent Bush-Putin summit in Bratislava and could impact the organization’s future activity. The testimony of His Excellency Dimitrij Rupel, Foreign Minister of Slovenia and this year’s OSCE Chairman, presented an overview of the wide array of initiatives undertaken by the OSCE regarding issues like human trafficking, organized criminal activity and official corruption, anti-Semitism and other forms of intolerance, human rights violations in countries of Central Asia, and areas of tension or conflict in the Caucasus, the Balkans and elsewhere in the expansive OSCE region. Strategies for continuing to pursue these issues were discussed.

  • Democratization in Central Asia

    Mr. Speaker, as the 108th Congress comes to an end, I want to make some observations about democratization in Central Asia, an energy-rich and geo-strategically important region. All these states are ruled by secular leaders who cooperate with Washington against terrorists. There are U.S. bases in Uzbekistan and Kyrgyzstan, to help promote stabilization in Afghanistan. This collaboration benefits us, as well as Central Asian presidents, and should certainly continue. But unfortunately, these countries are some of the worst human rights violators in the OSCE space. Everywhere in the region, super-presidents dominate the political arena, with parliaments and judicial systems dependent on the executive branch. Media are under heavy government pressure; in Uzbekistan and Turkmenistan, Soviet-era censorship continues in force. Equally characteristic of Central Asian states is corruption, which has not only enriched the ruling families and the favored few at the top but has impeded the development of free media and independent courts.   True, much of this characterization could be said about all the post-Soviet states to some degree, including Russia. But it is important to point out that there is a counter, or competing tendency in the region, exemplified by Georgia’s Rose Revolution of a year ago. While Georgia has a long way to go, there is no doubt about the legitimacy or popularity of its leader, President Mikheil Saakashvili. Also the peaceful protest movement he led to overturn the results of a rigged election has emboldened opposition activists throughout the former Soviet Union to believe that society may yet be able to have a voice in who governs and how.   Central Asian leaders were quick to claim that circumstances in Georgia were so different from their own that no parallels were possible. Still, the Georgian example sent shivers down their spines. That is one reason why the elections in Central Asia that have taken place this year have been, as they were in the past, carefully controlled, with predictable outcomes.   Uzbekistan, for example, is holding parliamentary elections in December. No opposition parties have been allowed to operate in Uzbekistan since 1992-1993. Despite pressure from Washington, Tashkent refused to register opposition parties this year, leaving only five pro-government parties to participate. Moreover, Uzbek authorities have contrived to keep opposition candidates from registering in single mandate races – even though officials told the U.S. Delegation to the OSCE Human Dimension Implementation Review Meeting in Warsaw in October that opposition candidates would be able to run. The result is obvious in advance: another pro-government, pocket parliament, with no dissenting voices and no capacity to perform any oversight of the executive branch. It should be noted that there have been several outbursts of popular dissatisfaction in Uzbekistan in the last few months; President Islam Karimov’s tightly-run political system may be less stable than many suppose.   In neighboring, oil-rich Kazakhstan, opposition parties are registered and were able to compete in September’s parliamentary election. Kazakhstan had previously expressed its desire to become OSCE Chairman-in-Office in 2009, and many observers linked Kazakhstan’s chances to a good grade on the parliamentary election. But the assessment of OSCE and Council of Europe monitors – citing numerous infractions and an uneven playing field for pro-government parties and the opposition – was critical. Kazakhstan’s chances of winning the OSCE Chairmanship have clearly diminished. At the same time, President Nursultan Nazarbaev – who is under investigation for corruption by the U.S. Department of Justice – has announced his intention to run, yet again, for reelection in 2006. Some commentators speculate that he may hold snap elections next year, to keep his opposition off guard. Should he win and serve out another seven-year term, he will have been in office almost 25 years.   Obviously, Mr. Speaker, Central Asian leaders do not find the responsibilities of the presidency too burdensome: Tajikistan’s President Imomaly Rakhmonov last year orchestrated a referendum on constitutional changes that could allow him to remain in office until 2020. True, Tajikistan is the only country in Central Asia where Islamic political activism is tolerated. We await with interest the parliamentary elections, in which opposition and Islamic parties will participate, scheduled for next February.   As for Turkmenistan, one of the most repressive countries on earth, I’m pleased to note that freedom of religion advanced a bit. The government of President Saparmurat Niyazov took some steps to liberalize the process of registration for confessions – instead of 500 adult members per locality, now only five nationwide are needed to register a community. For years, only Sunni Islam and Russian Orthodoxy were legal; now Ashgabat has registered Baptists, Adventists, Hare Krishna’s, and Baha’is. Moreover, the authorities released six Jehovah’s Witnesses, although two others remain jailed along with the former grand mufti. These steps – taken under Western and especially U.S. pressure, but which we welcome nonetheless – allowed Turkmenistan to escape designation by the U.S. Government as a Country of Particular Concern this past year. However, troubling reports continue to emerge about limitations on religious freedom and harassment of registered and unregistered religious communities. We must continue to monitor the situation closely and encourage Turkmenistan to continue moving forward with reforms, as even the improved situation is far from meeting OSCE standards on religious freedom.   In all other respects, however, democratization has made no progress. Turkmenistan remains the only one-party state in the former Soviet bloc and Niyazov’s cult of personality continues unabated. Recently, he tried to discuss holding presidential elections in 2008. But in a farcical scene, the assembled officials and dignitaries refused to hear of it. They “insisted” that Niyazov remain Turkmenistan’s leader in perpetuity; he, duly humbled by their adulation, took the issue off the table.   This brings us to Kyrgyzstan, in many ways the most intriguing of the Central Asian states. Of all the region’s leaders, only President Askar Akaev, who has held office for almost 15 years, has announced his intention not to run next year for reelection – though he has phrased the pledge carefully if he changes his mind. Kyrgyzstan is also the only Central Asian country where a large-scale protest movement has ever seemed poised to force a Head of State out of office: in summer 2002, thousands of people furious about the shootings of demonstrators in a southern district blocked the country’s main road, and threatened a mass march on the capital, Bishkek. Ultimately, the movement petered out but the precedent of public activism was set.   President Akaev’s stated intention not to run again, the upcoming parliamentary (February 2005) and presidential (October 2005) elections and Kyrgyzstan’s history of protest movements make for an interesting situation. In the next few months, Akaev must make fateful decisions: the most important is whether or not to run again. If he chooses to stay in office for another term, he risks sparking demonstrations. Though Kyrgyzstan is not Georgia, something akin to a Rose Revolution should not be excluded as a possible scenario. If Akaev opts to step down, however, we should not expect that he, his family and entourage would permit free and fair elections. More likely, he will try to select a successor – as Boris Yeltsin did with Vladimir Putin in Russia – and act to ensure his victory. But that course, too, could lead to protests.   Any decision Akaev makes – with intrusive, anxious neighbors looking over his shoulder – is risky and might have resonance beyond Kyrgyzstan’s borders. For that reason, the elections in Kyrgyzstan next year are of great interest not only to the voters of that country but to capitals near and far. Mr. Speaker, I hope to be able to report to this chamber next year that democratization has made strides in Central Asia.

  • Europe's Largest Annual Human Dimension Meeting Closes With Appeal from NGOs

    By Erika Schlager CSCE Counsel on International Law From October 4-15, 2004, the participating States of the Organization for Security and Cooperation in Europe met in Warsaw, Poland, for a Human Dimension Implementation Meeting.  Each year, the OSCE convenes a forum to discuss the participating States’ compliance with the full range of their OSCE human dimension commitments agreed on the basis of consensus. The United States Delegation was headed by Larry C. Napper, former Ambassador to Kazakhstan and Latvia.  He was joined by Ambassador Stephan M. Minikes, Head of the U.S. Mission to the OSCE; Ambassador Michael G. Kozak, Acting Assistant Secretary of State for Democracy, Human Rights and Labor; Ambassador Edward O'Donnell, Department of State Special Envoy for Holocaust Issues; J. Kelly Ryan, Deputy Assistant Secretary of State for Population, Refugees and Migration; and Matthew Waxman, Deputy Assistant Secretary of Defense for Detainee Affairs.  Members of the staff of the Commission on Security and Cooperation in Europe also participated in the delegation. In the tradition of engaging accomplished individuals from the private sector with human rights expertise, the U.S. Delegation included several public members:  Gavin Helf and Catherine Fitzpatrick, both experts on the countries of the former Soviet Union; Frederick M. Lawrence, Anti-Defamation League; and Mark B. Levin, Executive Director, NCSJ: Advocates on behalf of Jews in Russia, Ukraine, the Baltic States & Eurasia. Broad Range of Issues Reviewed During the first week of the meeting, formal sessions were devoted to a review of the implementation by participating States of the full range of their human rights and fundamental freedom commitments.  During the second week, three days were devoted to topics chosen by the Chair-in-Office, in consultation with the participating States.  This year, the special topics were: the promotion of tolerance and non-discrimination (following up on extra-ordinary conferences held earlier this year on anti-Semitism and on racism, xenophobia and discrimination); freedom of assembly and association; and “complementarity and co-operation between international organizations in promoting human rights.” At the meeting’s mid-way plenary session, the United States expressed particular concern about the deteriorating situation in Turkmenistan.  In 2003, ten OSCE participating States took the unusual step of invoking the "Moscow Mechanism" for the first time in a decade.  They were prompted to do so after Turkmenistan authorities reacted to an attack on President Saparmurat Niyazov's motorcade on November 25, 2002, with a widespread human rights crackdown marked by torture, disappearances, and an escalation of Stalin-era practices.  Turkmenistan refused to cooperate with the mission established under the mechanism and, in 2004, refused to renew the accreditation of the Head of the OSCE Office in Ashgabat, Parachiva Badescu.  Although Turkmenistan again declined to send representatives to participate in the HDIM, the United States argued to the participating States that sustained OSCE engagement on these matters is necessary to counter Turkmenistan’s increasing self-isolation. "Why is it that only the United States helps democracy in Belarus?  Where is Europe?" --Human rights activist from Belarus The need to protect human rights while countering terrorism was a strong theme throughout this year’s meeting.  In addition, the deteriorating situation for human rights defenders in much of the former Soviet region, concern about the elections in Belarus and Ukraine, the failure to implement meaningful reforms in Uzbekistan, and the plight of refugees and internally displaced persons, including Roma from Kosovo, were other issues raised.  In the second week session devoted to tolerance, the United States argued that the Chair-in-Office should appoint two personal representatives to address the problems of anti-Semitism as well as racism, xenophobia, and discrimination. As at past human dimension meetings and meetings of the OSCE Permanent Council, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among other OSCE participating States. At present, the only other OSCE countries that still officially apply the death penalty are Belarus and Uzbekistan. A U.S.-based nongovernmental organization repeatedly criticized the United States for failing to provide citizens of the District of Columbia the right to voting representation in the Congress.  Belarus issued even more sweeping criticism of U.S. electoral practices. Coming just days before Belarusian elections that the OSCE Election Observation Mission subsequently concluded “fell significantly short of OSCE commitments,” the rebuke by Belarus appeared to be a cynical move to preempt or deflect criticism of its own shortcomings. The abuse of prisoners at Abu Ghraib was condemned by both governmental and non-governmental speakers.  In addition, some participants criticized the United States for the use of military commissions to try alleged terrorists and for a 2002 Department of Justice memorandum that outlined legal defenses and loopholes that might be used to evade statutory and international legal prohibition against torture. Side Events Add Substance One of the striking features of this year’s meeting was the significant increase in the quality and quantity of side events held in conjunction with the formal sessions.  Side events may be organized at the site of the meeting by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States.  They augment the implementation review by providing an opportunity to examine specific subjects or countries in greater depth.  Like the “corridor” discussions and informal meetings that are part and parcel of any OSCE meeting, side events are also a vehicle for discussing and promoting OSCE action or decisions.  In some instances, side events have presaged the deeper engagement of the OSCE participating States with a particular subject – for example, side events organized by non-governmental organizations on the problem of hate propaganda on the Internet prompted a more in-depth focus on this issue at an OSCE meeting hosted by France earlier this year.   Side events can also help fill gaps in the implementation review process. This year, in the aftermath of the Beslan tragedy, most governments were reluctant to raise the problem of human rights violations in Chechnya.  Nongovernmental groups, however, organized a side event to provide a forum to focus on these issues.  They argued that, while the problems in Chechnya may seem intractable, human rights abuses do diminish when they are raised with the Russian Government. In an effort to respond to concerns about detainee abuse, the United States organized a side event on the subject of detainee issues.  Department of Defense Deputy Assistant Secretary Matthew Waxman, head of a newly-created DOD office for detainee affairs, discussed steps taken by the United States to address the abuse of detainees at Abu Ghraib and elsewhere and to prevent such incidents from reoccurring.  The event was open to all participants in the HDIM and, following the presentation of his remarks, Waxman opened the floor for questions. Azerbaijani officials prevented one human rights defender and religious freedom activist from attending the Warsaw meeting.  On October 6, authorities at the Baku airport blocked Imam Ilgar Ibrahimoglu from boarding his Warsaw-bound flight.   Ibrahimoglu was set to attend the HDIM session on religious freedom and speak out against the forcible seizure of his congregation’s mosque earlier this year.  (Similarly, two Kazakhstani human rights activists, Amirzahan Kosanov and Ermurai Bapi, were prohibited from leaving their country last year in an apparent attempt to prevent them from participating in the HDIM.)  On a more positive note, the meeting may have contributed to a favorable decision by the Armenian Government to approve a long-standing application by Jehovah’s Witnesses to be officially registered as a religious organization.  During the meeting, the U.S. House of Representatives and the United States Senate passed the Belarus Democracy Act (on October 4 and 7 respectively). NGOs Rebut “Astana Declaration” At the closing session of the HDIM, 106 human rights advocates from 16 countries presented a declaration countering criticism by several former Soviet states of the OSCE’s human rights work.  (On July 3, 2004, nine OSCE countries – Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russian Federation, Tajikistan, Ukraine and Uzbekistan – issued a statement criticizing the human dimension activities of the OSCE.  A subsequent document signed in Astana, Kazakhstan by eight of the above signatories claimed that there are double standards in fulfillment of OSCE commitments concerning democracy and human rights.)  An NGO spokesperson also urged the OSCE participating States to continue to focus on the issue of freedom of assembly. "The most important principle of international affairs ingrained in international legal documents--'respect for human rights is not an internal affair of a state'--must remain unshakable and must be defended." -- Statement signed by human rights advocates and presented at the closing session of the 2004 OSCE Human Dimension Implementation Meeting In a press release issued on October 14, 2004, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) welcomed the NGO declaration.  “While many of the men and women who signed this document engage in human rights advocacy at considerable personal sacrifice and risk, they have clearly stated – in their words – their ‘categorical disagreement with the negative evaluation of OSCE activity.’” This year’s HDIM drew record attendance by 220 nongovernmental organizations from across the region.  This is the only multinational human rights meeting in Europe where non-governmental organization representatives and government representatives may speak with equal status. As at past meetings, the United States held extensive bilateral meetings with government representatives.  In many instances, the focus and scope of those meetings reflected the presence of experts from capital cities.  Additional meetings were held with OSCE officials and representatives of nongovernmental organizations.  In the second week of the HDIM, Human Rights Directors from the OSCE countries also held a working meeting to discuss issues of mutual concern. Looking Ahead With a view to the 2005 calendar of human dimension activities, the United States suggested that there are several subjects that deserve focused attention next year.  These include: migration and integration; protection of religious freedom in the fight against terrorism; the challenges of new election technologies, such as electronic voting; and the role of defense lawyers.  The United States also welcomed the Spanish offer to host a follow-up event on tolerance next year in Cordoba and recommended that next year’s HDIM should include another special topic day on the fight against anti-Semitism, racism, xenophobia and discrimination.  The United States proposed that at least one of the Supplementary Human Dimension Implementation Meetings next year be held outside of Vienna, in order to make the meeting more dynamic and allow participants to take part who might not normally be able to travel to Vienna.  (Since 1999, three Supplementary Human Dimension Meetings have been held each year.  Existing modalities allow for them to be convened in various locations but, so far, all have been held in Vienna.) During the closing session, the Dutch Delegation, on behalf of the 25 European Union member states and four candidate countries, noted that there had been insufficient time to address the agenda items during the first week of the HDIM and, during the second week, more time than some subjects warranted.  For example, there was insufficient time to accommodate all those who wished to take the floor during the discussion of national minorities and Roma; the session on freedom of speech and expression was held to standing-room capacity.  By contrast, the session mandated to discuss the OSCE’s “project work” closed early – as it has every year since the subject first appeared on the meeting agenda – when the speakers’ list was exhausted before the end of the allotted time.  Office for Democratic Institutions and Human Rights (ODIHR) Director Christian Strohal agreed that "we should adapt our time management." Changes might also, conceivably, be made to the process of compiling a summary of the “recommendations” made at the meeting, a process that grew out of a desire to have a more substantive record of the meeting (in addition to the little-known but publicly available Journals of the Day).  In fact, these summaries have generally turned out to be an unsatisfactory product, notwithstanding the considerable effort of those tasked with producing them.  By definition, summaries must leave a great deal out, and both governments and nongovernmental organizations have complained when their particular recommendations are among those omitted.  Moreover, the summary of recommendations is usually scrubbed of any country-specific recommendations, leaving only anodyne boilerplate language.  In its opening statement at this year’s HDIM, the Netherlands, on behalf of the European Union and four candidate countries, argued that the process of compiling ever longer recommendations had become “non-productive and counter-productive.” At this year’s meeting, the ODIHR launched a highly effective new documents distribution system.  Through a bank of computers on site, participants were able to print copies of any document submitted for circulation.  (This replaced a paper system of distributing all copies of all statements to all participants.)  Moreover, this system allowed participants to email any document, making targeted distribution much more efficient and environmentally friendly.  With the full texts of interventions and additional written material so easily available, the rationale for creating a written summary of recommendations for the benefit of those who were not able to attend the meeting is less compelling. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Greater Regulation of Religion in Kazakhstan?

    Mr. Speaker, as Chairman of the U.S. Helsinki Commission I am concerned about Kazakhstan’s draft law on combating extremist activity, as the legislation could violate Kazakhstan’s OSCE commitments on religious freedom and damage the country’s positive reputation on religious tolerance and liberty. In President Nursultan Nazarbaev’s address to the parliament on September 1, he urged deputies to pass the bill while dismissing concerns about the further regulation of religion. Nevertheless, the text is problematic in several respects and would benefit from further refinement. Considering that Kazakhstan wishes to be the OSCE Chair-in-Office in 2009, I urge Kazakhstan to seek the advice of the OSCE Panel of Experts on Religious Freedom or Belief, as President Nazarbaev wisely did two years ago regarding a proposed draft law on religion. Intended to combat terrorism, the draft law would criminalize membership in certain groups or the holding of certain beliefs, rather than combating actual criminal deeds. A critical portion of the law is also vague, as the text fails to define clearly the term “extremism.” The omission is glaring and will very likely lead to its misapplication. In addition, the draft uses the word “religious” ten times and links religion with an ill-defined understanding of “extremism.” In the context of an anti-terrorism law, such a connection gives rise to concern, as these types of statutes can easily be misused against unpopular religious communities. The draft law would strengthen state control over religious activity by giving the State Agency for Work with Religious Associations the ability to monitor groups. From its observations, the State Agency can recommend the banning of a group for “extremist activity,” but again the text does not spell out what activities would qualify. Another problematic provision included in the draft concerns the foreign classification of a group as “extremist,” as the law will honor the classification by another country and ban their activity in Kazakhstan. This clause would in effect allow the long arm of a repressive government to outlaw a group in Kazakhstan, as well. I remember when a Moscow court labeled the Salvation Army as a “paramilitary” organization; under this draft bill, Kazakhstan could follow this erroneous assertion and ban this well-respected humanitarian organization. Existing Kazakh law fully provides for the prosecution of criminal acts, so these new provisions are not only unnecessary but harmful. In fact, some articles of current law are too restrictive. For example, Article 375 of the Administrative Code, which requires the registration of religious groups, should be removed. I have received consistent reports since the promulgation of Article 375 of unregistered groups being penalized for legitimate activities and their facing civil and criminal sanctions. Considering the recurring misuse of civil regulations, I fear further abuse under the draft law. I understand that President Nazarbaev is concerned about the spread of extremism in his country, especially from “radical” Islamic groups. The President may be tempted to follow the actions of his neighbors, especially Uzbekistan, but I would advise him otherwise. The Uzbek Government has for years ruthlessly clamped down on pious Muslims suspected of being associated with Hizb ut-Tahrir. This reactionary and heavy-handed policy has proven counterproductive, antagonizing the devout Muslim population and leaving it receptive to other, radical voices. Instead of defeating terrorists, demanding legal requirements for religious practice and Uzbekistan’s harsh responses have restricted the religious freedoms of the many peaceful Muslims and Christians wanting to practice their faith. Obviously, individuals involved in criminal activity in Kazakhstan should be punished. But, by banning entire groups, particularly independent mosques outside the control of the state-backed Muslim Spiritual Association, entire communities will be penalized. The result will be the inappropriate limiting of a fundamental freedom, while doing little to prevent criminal acts. In closing, the Congress of World and Traditional Religions convened by President Nazarbaev himself was successful in bringing together Christian, Muslim, Jewish, Buddhist and Hindu leaders to discuss tolerance and understanding. I fear that the draft law on extremism, if not amended, will sully Kazakhstan’s reputation on religious tolerance by unduly limiting religious freedoms through the criminalization of certain memberships and beliefs as opposed to addressing real criminal activity.

  • Advancing U.S. Interests through the OSCE

    The OSCE has been a pioneer in defining an integrated approach to security, one in which human rights and economic well-being are as key to a nation’s stability as are traditional military forces.  It remains not only the largest trans-Atlantic organization, but the one with the broadest definition of security.  The OSCE has also created the most innovative habits of dialogue and collective action of any multilateral organization in the world.  The focus of the hearing will be how the OSCE can be used most effectively to highlight and advance the interests of the United States.  Among the subjects to be covered will be objectives for the December (2004) meeting of Foreign Ministers in Sofia; recent high-impact security initiatives; expectations for the upcoming Human Dimension Implementation Meeting in Warsaw; and refining and strengthening the OSCE.

  • Helsinki Commission Leadership Engages Heads of Nine CIS Countries

    By Elizabeth B. Pryor CSCE Senior Advisor On July 21, 2004, the bipartisan leadership of the U.S. Commission on Security and Cooperation in Europe (Helsinki Commission) responded to a Declaration signed by nine members of the group known as the Commonwealth of Independent States. The text was presented to the OSCE Permanent Council earlier this month by Russia ’s Ambassador to the OSCE, Alexey N. Borodavkin. The presidents of Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, the Russian Federation, Tajikistan, Ukraine and Uzbekistan signed the declaration. CIS members Azerbaijan and Georgia declined to sign. Turkmenistan did not participate. While acknowledging that the OSCE occupies “a key place in the European security architecture,” the Declaration maintains that the organization has been unable to adapt to the changing political and security environment. The Helsinki Commission leadership – Chairman Representative Christopher H. Smith (R-NJ), Co-Chairman Senator Ben Nighthorse Campbell (R-CO), House Ranking Member Representative Benjamin L. Cardin (D-MD) and Senate Ranking Member Christopher J. Dodd (D-CT) – responded to each of the nine presidents who signed the Declaration. The Commissioners noted that three of those signing the Declaration, President Nazarbaev of Kazakhstan, President Akaev of Kyrgyzstan, and President Karimov of Uzbekistan actually signed the original Helsinki Final Act document when their countries were accepted as OSCE participating States in 1992. In the letter to President Nazarbaev, the Commission leaders stressed that they “were particularly troubled to see Kazakhstan included on the signatories to the declaration, since you have expressed an interest in undertaking the chairmanship of the organization [OSCE] in 2009.” In their replies, Commissioners agreed about the importance of the Vienna-based OSCE and that its ability to adapt was essential to its continued relevance. They pointed out, however, that many of the assertions of the Declaration were already being addressed by the participating States. The CIS signatories had criticized the OSCE for “failing to implement in an appropriate manner” the fundamental documents of the organization, stating that the OSCE is not observing an allegedly agreed Helsinki principle of non-interference in internal affairs. Refuting the assertion that the OSCE was failing to implement its principles, the Commission leaders pointed out that the participating States, not the organization, are responsible for such implementation: “We should look to capitals when failures in implementation arise, not Vienna .” On the matter of “internal affairs,” the leadership reminded the presidents that this issue was definitively decided in the politically-binding concluding document to the 1991 Moscow Human Dimension meeting, which states: “They [the participating States] categorically and irrevocably declare that the commitments undertaken in the field of the human dimension ... are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned.” Turning to the assertion that there is a serious imbalance between the three security dimensions of the OSCE – political-military, economic and environmental, and the human dimension – the Commissioners noted that since the issue of “imbalance” in OSCE priorities was raised several years ago, there has been significant movement in anti-terrorism and tangible military security issues. For example, path-breaking agreements on export controls for MANPADs, on assistance for reduction of excess ammunition, and on uniform standards for travel documents have been achieved in the last few months. The economic dimension is also being revitalized. For example, the OSCE has the most concrete and robust action plan to fight human trafficking of any international organization. The OSCE Parliamentary Assembly has called for a ministerial-level meeting to discuss ways of halting terrorist financing and has spoken out for increased membership in the World Trade Organization. Though welcoming the development of all of the OSCE dimensions, the Commissioners took issue with the idea that this should come at the expense of the promotion of human rights. The CIS signatories expressed concern that human dimension activities are concentrated in the states of the former Soviet Union and former Yugoslavia , and that unfair standards regarding elections are directed at these nations. They went on to accuse OSCE missions of focusing on human rights and democratic development at the expense of the “full range of work covered by the Organization.” In response to the assertion that undue concentration was focused on human rights in the countries of the CIS and former Yugoslavia , the Commission leaders noted that on 85 occasions since January 2003 the Helsinki Commission had addressed, often publicly, human rights concerns in NATO countries. Public criticism of actions by the United States , as in the recent criminal treatment of prisoners in Abu Ghraib prison, has also been made in OSCE meetings and has been taken seriously. The United States has made clear that free and fair elections are crucial to the ongoing process of democratic development and welcomes election monitors to its own national elections in November 2004. The letters also addressed the continued need to locate missions or other OSCE representatives in the former Soviet and Yugoslav countries. In the case of every signatory to the CIS Declaration, there are persistent human rights violations and backward trends on democratic development. Specific concerns were cited for each country, including fraudulent conduct of elections, hindrance of free media, curtailment of religious freedom and freedom of assembly, corruption among public officials and, in several of the countries, detention of political opposition leaders. These abuses have been documented in the Commission report Democracy and Human Rights Trends in Eurasia and East Europe. It is with the goal of reversing these trends that all OSCE states have agreed to the establishment and retention of these missions. The poor implementation record on OSCE commitments argues for the continued necessity of these field offices, the Commissioners concluded. Finally, the leaders of the Commission expressed the hope that the discussion of OSCE’s development would move beyond the Declaration’s inaccurate reinterpretations of key OSCE documents and center on concrete suggestions. They welcomed any positive proposals that the presidents might offer. In this, as in all their work, the Helsinki Commission expressed confidence that by working together, the States of the OSCE region could reach their goal of true security and cooperation in Europe. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Helsinki Commission Hearing Reviews Bulgaria’s Leadership of the OSCE

    His Excellency Solomon Passy, Foreign Minister of Bulgaria and Chair-in-Office of the OSCE testified in front of the Commission on Security and Cooperation in Europe, chaired by the Honorable Christopher Smith (NJ-04).  Passy’s testimony regarded the OSCE’s program for 2004 under Bulgaria’s leadership. Passy stated that implementations of OSCE commitments would top the agenda for Bulgaria’s Chairmanship of the OSCE. The hearing covered the conflict in Chechnya; OSCE efforts to resolve the Transdniestrian conflict and “frozen conflicts” in the Caucasus; OSCE efforts to combat anti-Semitism and human trafficking; the situation in Central Asia; and promoting respect for human rights and democratic values throughout the OSCE region.  Passy also spoke about Bulgaria’s experience with its own transition to democracy and its ongoing human rights efforts.

  • The Bulgarian Leadership of the OSCE

    This hearing, which Representative Christopher H. Smith presided over, focused on the Bulgarian Chairmanship of the OSCE, which had begun in for January 2004 and would continue for a year. The hearing specifically reviewed the OSCE’s program for 2004 under Bulgaria’s leadership. Solomon Passy, witness at the hearing, said that implementation of OSCE commitments would top the agenda for Bulgaria’s OSCE Chairmanship. Specific issues that attendees discussed included the Chechnyan conflict, OSCE efforts to revoke the Transdniestrian conflict, work to resolve the “frozen conflicts” in the Caucasus, efforts to combat anti-Semitism and human trafficking, the situation in Central Asia, and promoting respect for human rights and democratic values throughout the OSCE region.

  • Commission Hearing Looked Ahead to Maastricht Ministerial

    By Michael Ochs CSCE Staff Advisor The United States Helsinki Commission held a hearing on September 9, 2003 reviewing United States policy toward the Organization for Security and Cooperation in Europe (OSCE). The hearing considered the many security, economic, and humanitarian challenges facing the United States, and how the 55-member nation organization can be best utilized to address these challenges. Testifying for the State Department were A. Elizabeth Jones, Assistant Secretary for European and Eurasian Affairs, and Lorne W. Craner, Assistant Secretary for Democracy, Human Rights and Labor, and Helsinki Commission Member. In his opening statement, Helsinki Commission Chairman, Rep. Christopher H. Smith (R-NJ) emphasized the important role the OSCE plays in promoting American security abroad. "The explicit and implicit connection between security and human rights, the fulcrum of the Helsinki process," he said, "has been at the center of U.S. thinking and policy since the day almost exactly two years ago when religious fanatics flew airplanes into the World Trade Center and the Pentagon." At the same time, he bemoaned the lack of democratic progress throughout much of the former USSR. Particularly in Central Asia, he said, "It becomes more and more difficult to harbor expectations that the future will be better or much different than the past or even the present." Helsinki Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) expressed his appreciation to the State Department and executive branch for their willingness to work with the Commission over the years. Mr. Cardin particularly lauded the work of Ambassador Stephan M. Minikes, head of the U.S. Mission to the OSCE, whose efforts, he said, helped to form a unified agenda with Congress in the OSCE. He also expressed his appreciation to the State Department, later echoed by Chairman Smith, for arranging a visit by the Commission to Guantanamo Bay that allowed Commissioners to respond to concerns raised by the OSCE Parliamentary Assembly regarding humanitarian standards for detainees. In her remarks, Assistant Secretary Jones noted two particular OSCE successes during the past year that were the result of U.S. efforts: the Vienna Anti-Semitism Conference and the new, annual Security Review Conference. She also identified the adoption of the Anti-Trafficking Action Plan as a positive development. Secretary Jones listed several priorities for the OSCE Maastricht Ministerial, including progress on Russia's Istanbul commitments; mandating the 2004 Berlin Anti-Semitism Conference; and, addressing the pressing problems, discussed at the Security Review Conference, of travel document security and Man Portable Air Defense systems (MANPADs). Secretary Jones identified several broad areas where the OSCE particularly serves U.S. interests: human rights and democracy promotion; conflict prevention and conflict resolution; and trans-national issues, such as human trafficking, anti-Semitism, racism and xenophobia, the rights of the Roma, refugees, and internally displaced persons. The United States, she said, also hoped to enhance the OSCE's police training capabilities "not only to step up anti-crime capabilities, but to deal with the human rights concerns that are related to the way police deal with civil society." Assistant Secretary Craner began on a positive note, identifying encouraging signs throughout the region. "In a majority of the OSCE countries," he said, "we see growing and increasingly vibrant civil society groups advocating for peaceful change. The rule of law is being bolstered as countries move the administration of prisons under the auspices of the ministry of justice, and guards receive training to respect international standards." He added, however, that there are also areas of both stagnation and backsliding in the OSCE region, all the more troubling given the numerous regional successes. "It is most disheartening," he said, "for the people of those countries who see other nations which have emerged from the Soviet empire now joining NATO and the EU and enjoying the fruits of democracy. Meanwhile, some governments remain authoritarian or unwilling to move beyond the old struggles and practices." Secretary Craner noted troubling signs for democratization efforts throughout the former Soviet Union. Central Asian states, he said, had made little progress. Upcoming presidential elections in Ukraine would seriously affect U.S. attitudes toward that country's suitability for integration into Euro-Atlantic and European institutions. The Russian parliamentary elections in December are showing some troubling signs, while holding legitimate presidential elections in Chechnya would be extremely difficult, given the security situation there. He said, however, that such elections could potentially contribute to the end of that conflict. Chairman Smith noted his pleasure that the sanctions list, established by the Trafficking Victims Protection Act of 2000 which he sponsored, which groups countries into three tiers based on their action on the issue of human trafficking would be released the week of the hearing. He also welcomed the U.S. military's initiatives against trafficking in South Korea and hoped for similar progress in the Balkans. Secretary Craner agreed that countries were taking the sanctions law seriously, and both witnesses stated that the U.S. and British militaries were taking strong action on trafficking issues. Smith and Jones emphasized that the pressure was not off countries that made it out of the bottom tier. On the former Yugoslavia, Assistant Secretary Jones described gradual progress at the International Criminal Tribunal for the former Yugoslavia and improved cooperation from the government in Belgrade. "The list [of war criminals] is being reduced," she said, "but it is not done yet." Commissioner Cardin, however, noted that the patience of the international community was coming to an end. Both agreed that the political leadership in Serbia seems to want to do the right thing, but needs help from the United States to reinforce their efforts. On issues of property restitution, Secretary Jones assured the Commissioners that when she travels to pertinent countries, the issue is always on the agenda and explained that the United States has had considerable success convincing governments to take action on a bilateral basis. She also agreed with Representative Cardin that poverty and corruption make democratic development more difficult. She said that the United States would try to attack the issue through the OSCE by working hard on corruption. Commissioner Cardin brought attention to the United States' efforts in the OSCE's Parliamentary Assembly to create a mechanism extending Helsinki principles to the OSCE's Mediterranean Partners. Assistant Secretaries Jones and Craner said that the administration supported the goal but was uncertain whether the best way to accomplish it was directly through the OSCE or through a new, OSCE-like institution. Chairman Smith then focused on the importance of "naming names" in the OSCE. He said that "one of the most vital aspects of the Helsinki process was specifically naming names" and "holding people to account," but he noted a curious reluctance to do so in the last ten years. Assistant Secretary Craner stated that the United States had indeed "named names" with regard to the situation in Belarus. The United States sponsored a resolution at the UN Commission on Human Rights putting Belarus in a category with countries like Turkmenistan and North Korea. Assistant Secretary Jones admitted that it was difficult to influence President Lukashenka of Belarus but said there were still elements of civil society in Belarus, activists in the Belarusian body politic, and free media that needed outside moral support. Finally, Chairman Smith raised the issues of Chechnya and missing persons in the Balkans. Assistant Secretary Jones said that Chechnya was on the agenda for the Camp David summit between Bush and Putin in late September . She also indicated that the OSCE was negotiating with Russia to define a role for the organization in that conflict, ideally getting a mission back on the ground. On the Balkans, Secretary Craner said that the United States was actively pressing governments bilaterally and through the OSCE to account for the fate of missing persons. He also highlighted the United States' support for the International Commission for Missing Persons, which is engaged in the painstakingly slow process of DNA identification. Lastly, Secretary Jones assured the Commissioners that the United States was not merely paying lip service to the concerns of minorities in Kosovo. She said, "It is a tough issue, but it nevertheless is a critical one in our policy of standards before status." The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission Intern Kevin Angle contributed to this article.

  • Helsinki Commission Reviews OSCE Dutch Leadership

    By Marlene Kaufmann CSCE Counsel The United States Helsinki Commission held a hearing featuring the testimony of His Excellency Jaap de Hoop Scheffer, Foreign Minister of The Netherlands and Chairman-in-Office of the Organization for Security and Cooperation in Europe for 2003. The Foreign Minister testified on September 3, 2003 about the OSCE's efforts to promote security, stability and human rights in Europe and Eurasia. "In the last few years, we have come face to face with unprecedented challenges and threats to our security," said Minister de Hoop Scheffer. "The fight against terrorism is, and it should be, a top priority on our agenda." He noted that developing a comprehensive strategy to address new threats to security and stability will be the objective of OSCE Foreign Ministers in their upcoming meeting in Maastricht, The Netherlands, in early December. "We need to go beyond the repertoire of military action and policing as responses to security problems, and the OSCE can provide an impetus to this effort," he said. "No sustainable conflict resolution, let alone peace, can be achieved without due regard for human rights and democratization, for economic and environmental development, and without due regard for the rule of law." Other more surreptitious threats to security include organized crime, trafficking in human beings and illegal immigration, according to the Foreign Minister. Under de Hoop Scheffer's leadership, the Dutch Chairmanship has made combating human trafficking a priority and has secured the adoption of an OSCE action plan to combat trafficking in human beings to assist countries in confronting this modern day slavery whether they are countries of origin, transfer or countries of destination. The Minister explained that in support of this plan he intends to send missions of experts to assist countries in the fight against trafficking. The missions will draw on the expertise of OSCE institutions and will both monitor and take action against human trafficking. "Against this background, I feel sure that the Organization will be able to make an active, solid contribution to the fight," Mr. de Hoop Scheffer said. United States Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) welcomed the new OSCE effort. "I think it is a very realistic action plan . . . and it really adds to the common effort that we all need to take with regard to this modern-day slavery," said Smith, who has led the fight in Congress against human trafficking. Chairman Smith asked Minister de Hoop Scheffer to expand the anti-trafficking action plan to include the military in all OSCE countries, as well as policing and peacekeeping deployments throughout the region. Chairman Smith described his own efforts to make the U.S. military aware of this problem, including a request to the Army's Inspector General to investigate allegations of human trafficking at establishments frequented by U.S. military personnel in South Korea. An Ohio-based investigative news team revealed that women trafficked from Russia and the Philippines were being forced into prostitution in local clubs and bars surrounding U.S. bases and exposed the fact that uniformed U.S. military personnel understood the circumstances and yet did nothing to prevent or report the crime. According to Chairman Smith, the Inspector General took quick and decisive action to investigate the alleged activities and made specific recommendations to correct the matter. "The U.S. military has put more than 660 establishments, now seen for what they are, off limits to U.S. military as a direct result of this investigation," Mr. Smith said. Minister de Hoop Scheffer agreed that military and peacekeeping operations should be reviewed in strategies to combat human trafficking and said that the work being done by the U.S. military could serve as an example. The Minister also noted that NATO is undertaking a review of what its role should be in this regard. De Hoop Scheffer will take over as Secretary General of NATO in January, 2004. The Chairman-in-Office reviewed the work of the OSCE in combating anti-Semitism, racism and discrimination by highlighting the June conference held in Vienna regarding the rising tide of anti-Semitism in the OSCE region and strategies to combat it, as well as the September conference focused on efforts to combat racism, xenophobia and discrimination. Both Chairman Smith and Commission Member Rep. Alcee L. Hastings (D-FL), who participated in the June conference, urged de Hoop Scheffer to support another OSCE conference on anti-Semitism, which Germany has offered to host in Berlin in 2004. The Minister confirmed his support for such a conference saying, "having visited the Holocaust Memorial Museum this morning, having seen that, you need not have any other argument to go on fighting anti-Semitism." Commissioner Hastings queried Foreign Minister de Hoop Scheffer about his views on extending the term of the Chairman-in-Office from the current one year to two or three years, in view of the tremendous challenges facing the OSCE Chairmanship and the amount of work to be done. Mr. Hastings complimented the Minister, in particular, for the work he has done with Central Asian states. Calling his work as Chairman-in-Office "very challenging and a tremendously interesting responsibility," de Hoop Scheffer said he felt maintaining the one year term for the OSCE Chairmanship is the best way to proceed. He pointed to the work of the Troika, which is composed of the immediate past, current and upcoming Chairman-in-Office, who meet on a regular basis to discuss OSCE matters. The Minister has sought to strengthen this working group during his tenure and indicated that he felt this mechanism, along with the appointment of Special Representatives to focus on particular issues, serves to bring continuity to the leadership of the OSCE. Commissioner Hastings, who serves as a Vice President in the OSCE Parliamentary Assembly (OSCE PA) also asked the Chairman-in-Office about what can be done to strengthen the working relationship between the OSCE and the OSCE PA. Mr. Hastings voiced hope that the Parliamentary Assembly would participate fully in the Maastricht Ministerial Meeting and that the OSCE and Assembly would continue to foster a working partnership. Viewing this issue from the perspective of his sixteen years of service in the Dutch Parliament, the Chairman-in-Office said he believes that the OSCE leadership has made substantial progress in its relationship with the Parliamentary Assembly. He welcomed the opening of the Parliamentary Assembly's Liaison Office in Vienna, headed by Ambassador Andreas Nothelle, as well as the active participation of Parliamentary Assembly President Bruce George in meetings of the Troika. The Foreign Minister said that he would continue to work to improve interaction between the OSCE and the Assembly. Minister de Hoop Scheffer further highlighted the actions of the OSCE by discussing regions in which the Organization has been particularly active--including Central Asia, Belarus, Moldova, Chechnya, and Georgia. Helsinki Commission Member Rep. Joseph R. Pitts (R-PA) voiced concern about the authoritarian rule in much of Central Asia and the Caucasus and its potential to move toward a family dynasty, as seems to be happening in Azerbaijan. The Chairman-in-Office expressed his view that Central Asian governments need particular attention from the OSCE, given that social changes brought about since the end of the Cold War have begun to stall. The Minister, who recently visited the five Central Asian countries, emphasized the importance of direct involvement with participating States in order to monitor and pressure for change. "The OSCE missions are the eyes and the ears of the organization," he said. Mr. de Hoop Scheffer, who also spoke with members of nongovernmental organizations in Turkmenistan, stressed the need to maintain communications between all OSCE states, because the alternative would be to expel them. "Would that improve the fate of the people in jails in Uzbekistan or Turkmenistan?" he asked rhetorically. "I don't think so, but it's the perpetual moral dilemma we have." Mr. Pitts and Minister de Hoop Scheffer also expressed concerns about the refusal of Belarus to fully participate in OSCE meetings and negotiations. The Chairman-in-Office mentioned that of particular concern are attempts by the Government of Belarus to restrict the media's independence. He said he would follow the situation critically and would take whatever necessary action was called for. In Moldova, the OSCE plans to step up its efforts to resolve the Moldova-Transdniestria conflict. The OSCE is focusing on a political settlement and preparations for post-settlement. The two parties understand that a peacekeeping operation may be in place during the transition activities, and the OSCE is discussing the possibility. Mr. de Hoop Scheffer called for Russia to reclaim its weapons and ammunition from Moldova before the end of the year. He also urged the United States and the European Union to assist conflict resolution efforts in Moldova. The OSCE is still pushing for cooperation between Chechnya and the Russian Federation, despite difficulties in negotiations. The OSCE has developed a program aimed at benefitting the Chechen population and improving areas such as the judiciary and public order, economic and social developments, re-integration of displaced people, and media development. De Hoop Scheffer said violence and political obstacles have made negotiations in the area difficult. But he remained positive about a program to affect change. "I believe that the Russian Federation and the OSCE have a common interest in defining such a program," he said, adding the human suffering and material costs of this conflict are immense. The Maastricht Ministerial Meeting will set the agenda for the OSCE's future work and will address modern threats to security and stability, the Chairman-in-Office said. The meeting will take up human trafficking, economic and environmental issues, and review of field missions and peacekeeping. The conference will also be open to nongovernmental organizations, which de Hoop Scheffer said have been crucial to helping bring about change. The Chairman-in-Office concluded his testimony by stressing the importance of multilateral efforts and of the continued support of the United States. "That is one of the reasons why, with full candor, I have shared my impressions, convictions, and intentions for the coming period with you," he said. "In short, it takes a joint effort by the entire OSCE community to make this organization work." The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine senators, nine representatives, and one official each from the Departments of State, Defense, and Commerce.   United States Helsinki Commission Intern Lauren Smith contributed to this article.

  • Mayor Giuliani, Chairman Smith Lead U.S. Delegation to OSCE Conference on Anti-Semitism

    By H. Knox Thames CSCE Counsel The Organization for Security and Cooperation in Europe (OSCE) held an historic international conference in Vienna, Austria on June 19-20 to discuss anti-Semitism within the 55 participating States. While the OSCE states have addressed anti-Semitism in the past, the Vienna Conference represented the first OSCE event specifically devoted to anti-Semitism. Former New York City Mayor Rudolph W. Giuliani and United States Helsinki Commission Chairman Rep. Christopher H. Smith (N-04J) led the United States delegation. Commissioner Rep. Alcee L. Hastings (D-FL), who currently serves as a Vice President of the OSCE Parliamentary Assembly, was also part of the U.S. delegation. Public members of the delegation were: Rabbi Andrew Baker, American Jewish Committee; Abraham Foxman, Anti-Defamation League; Cheryl Halpern, National Republican Jewish Coalition; Malcolm Hoenlein, Conference of Presidents of Major American Jewish Organizations; Mark Levin, NCSJ; and, Daniel Mariaschin, B’nai B’rith. U.S. Ambassador to the OSCE, Stephan M. Minikes, and the U.S. Special Envoy for Holocaust Issues, Ambassador Randolph Bell, also participated. The personal representative of the Dutch OSCE Chair-in-Office, Ambassador Daan Everts, opened the meeting expressing dismay that in the year 2003 it was necessary to hold such a conference, but "we would be amiss not to recognize that indeed the necessity still exists." Bulgarian Foreign Minister Solomon Passy declared "anti-Semitism is not a part of [Europe’s] future. This is why this Conference is so important, and I believe it will have a strong follow-up." Former Polish Foreign Minister Wladyslaw Bartoszewski, a Holocaust survivor, cited free societies as an essential element in combating anti-Semitism. The European Union statement, given by Greece, noted that anti-Semitism and racism are "interrelated phenomena," but also stated "anti-Semitism is a painful part of our history and for that requires certain specific approaches." Mayor Giuliani began his remarks to the opening plenary with a letter from President Bush to conference participants. Citing his visit to the Nazi death camp at Auschwitz, the President recalled the "inhumanity and brutality that befell Europe only six decades ago" and stressed that "every nation has a responsibility to confront and denounce anti-Semitism and the violence it causes. Governments have an obligation to ensure that anti-Semitism is excluded from school textbooks, official statements, official television programming, and official publications." Many OSCE participating States assembled special delegations for the conference. The German delegation included Gert Weisskirchen, member of the German parliament and a Vice President of the OSCE Parliamentary Assembly, and Claudia Roth, Federal Government Commissioner for Human Rights, Policy and Humanitarian Aid. The Germans called for energetic actions by all the participating States to deal with anti-Semitism and stressed the need for appropriate laws, vigorous law enforcement and enhanced educational efforts to promote tolerance. Mr. Weisskirchen stressed that anti-Semitism was a very special form of bigotry that had haunted European history for generations and therefore demanded specific responses. In this spirit, Germany offered to host a follow-up OSCE conference in June 2004 focusing exclusively on combating anti-Semitism that would assess the progress of initiatives emerging from the Vienna Conference. The French delegation was led by Michel Voisin of the National Assembly, and included the President of the Consistoire Central Israelite de France, Jean Kahn, and representatives from the Ministry of Justice and the Office of Youth Affairs, National Education and Research. The French acknowledged with great regret the marked increase in anti-Semitic incidents that have occurred in France during the past two years. In response, France had passed new laws substantially increasing penalties for violent "hate crimes," stepped up law enforcement and was in the process of revising school curricula. The work of the conference was organized under several focused sessions: "Legislative, Institutional Mechanisms and Governmental Action, including Law Enforcement"; "Role of Governments in Civil Society in Promoting Tolerance"; "Education"; and, "Information and Awareness-Raising: the Role of the Media in Conveying and Countering Prejudice." Mayor Giuliani noted the fact that the conference was being held in the same building where Hitler announced the annexation of Austria in 1938. "It’s hard to believe that we’re discussing this topic so many years later and after so many lessons of history have not been learned; and I am very hopeful that rather than just discussing anti-Semitism, we are actually going to do something about it, and take action." Giuliani, drawing on his law enforcement background and municipal leadership, enumerated eight steps to fight anti-Semitism: 1) compile hate crime statistics in a uniform fashion; 2) encourage all participating States to pass hate crime legislation; 3) establish regular meetings to analyze the data and an annual meeting to examine the implementation of measures to combat anti-Semitism; 4) set up educational programs in all the participating States about anti-Semitism; 5) discipline political debate so that disagreements over Israel and Palestine do not slip into a demonizing attack on the Jewish people; 6) refute hate-filled lies at an early stage; 7) remember the Holocaust accurately and resist any revisionist attempt to downplay its significance; and 8) set up groups to respond to anti-Semitic acts that include members of Islamic communities and other communities. Commissioner Hastings identified a "three-fold role" governments can play in "combating anti-Semitic bigotry, as well as in nurturing tolerance." First, elected leaders must "forthrightly denounce acts of anti-Semitism, so as to avoid the perception of silent support." He identified law enforcement as the second crucial factor in fighting intolerance. Finally, Hastings noted that while "public denunciations and spirited law enforcement" are essential components to any strategy to combat anti-Semitism, they "must work in tandem with education." He concluded, "if we are to see the growth of tolerance in our societies, all governments should promote the creation of educational efforts to counter anti-Semitic stereotypes and attitudes among younger people and to increase Holocaust awareness programs." Commission Chairman Christopher H. Smith, who served as Vice Chair of the U.S. delegation to the Vienna Conference, highlighted how a "comprehensive statistical database for tracking and comparing the frequency of incidents in the OSCE region does not exist, [and] the fragmentary information we do have is indicative of the serious challenge we have." In addition to denouncing anti-Semitic acts, "we must educate a new generation about the perils of anti-Semitism and racism so that the terrible experiences of the 20th century are not repeated," said Smith. "This is clearly a major task that requires a substantial and sustained commitment. The resources of institutions with special expertise such as the U.S. Holocaust Memorial Museum must be fully utilized." In his closing statement Giuliani stressed that anti-Semitism "has its own history, it has a pernicious and distinct history from many prejudicial forms of bias that we deal with, and therefore singular focus on that problem and reversing it can be a way in which both Europe and America can really enter the modern world." He enthusiastically welcomed the offer by the German delegation to hold a follow-up conference on anti-Semitism, in Berlin in June 2004. Upon their return to Washington, Giuliani and Smith briefed Secretary Powell on the efforts of the U.S. delegation in Vienna and the importance of building upon the work of the Conference at the parliamentary and governmental levels. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Democracy and Human Rights Trends in Eurasia and East Europe: A Decade of Membership in the Organization

    The ten-year anniversary of the collapse of the Union of Soviet Socialist Republics (USSR), an original signatory to the 1975 Helsinki Final Act, fell in 2001. The following year marked another milestone, perhaps less widely noticed: the passage of a decade since the entry of the Eurasian and East European States into the Organization for Security and Cooperation in Europe (OSCE)*, which embraces all of Europe, the former Soviet Union, the United States and Canada. Membership in the now 55-nation organization is predicated on the acceptance of certain bedrock principles of democracy, a wide array of human rights commitments and modern norms of statecraft, including respect for the rule of law and promotion of civil society. Each of the OSCE participating States, including those examined in this report, has committed to “build, consolidate and strengthen democracy as the only system of government of our nations.” Similarly, the participating States have declared that “human rights and fundamental freedoms are the birthright of all human beings, are inalienable and are guaranteed by law. Their protection and promotion is the first responsibility of government. Respect for them is an essential safeguard against an over-mighty State.” In a step designed to preserve the unity of the Helsinki process, each new participating State submitted a letter accepting in their entirety all commitments and responsibilities contained in the Helsinki Final Act, and all subsequent documents adopted prior to their membership (see Appendix I). To underscore this continuity, the leaders of each of the countries signed the actual original Final Act document (see Appendix II).

  • Democracy and Human Rights Trends in Eurasia and East Europe: A Decade of Membership in the Organization

    The ten-year anniversary of the collapse of the Union of Soviet Socialist Republics (USSR), an original signatory to the 1975 Helsinki Final Act, fell in 2001. The following year marked another milestone, perhaps less widely noted: the passage of a decade since the entry of the Eurasian and East European States into the Organization for Security and Cooperation in Europe (OSCE), which embraces all of Europe, the former Soviet Union, the United States and Canada. Membership in the organization is predicated on the acceptance of certain bedrock principles of democracy, a wide array of human rights commitments and modern norms of statecraft, including respect for the rule of law and promotion of civil society. This report conducts a review of Eastern European and Eurasian countries' records on these commitments over the course of the decade following the Soviet Union's collapse.

  • Human Rights and Inhuman Treatment

    As part of an effort to enhance its review of implementation of OSCE human dimension commitments, the OSCE Permanent Council decided on July 9, 1998 (PC DEC/241) to restructure the Human Dimension Implementation Meetings periodically held in Warsaw. In connection with this decision - which cut Human Dimension Implementation Meetings from three to two weeks - it was decided to convene annually three informal supplementary Human Dimension Meetings (SHDMs) in the framework of the Permanent Council. On March 27, 2000, 27 of the 57 participating States met in Vienna for the OSCE's fourth SHDM, which focused on human rights and inhuman treatment. They were joined by representatives of OSCE institutions or field presence; the Council of Europe; the United Nations Development Program;  the United Nations High Commissioner for Refugees;  the International Committee of the Red Cross; and representatives from approximately 50 non-governmental organizations.

  • Human Rights Concerns in Kazakhstan

    Mr. Speaker, I rise to introduce a resolution that expresses deep concern about ongoing violations of human rights in Kazakhstan. President Nursultan Nazarbaev, the authoritarian leader of this energy-rich country, has been flagrantly flouting his OSCE commitments on democratization, human rights, and the rule of law, and thumbing his nose at Washington as well. In the 106th Congress, there was a near unanimous vote in the House for a resolution I introduced voicing dismay about general trends in Central Asia. We sent a strong signal to leaders and opposition groups alike in the region about where we stand. Since then, the overall situation has not gotten better--throughout the region, super presidents continue to dominate their political systems. But their drive to monopolize wealth and power while most people languish in poverty is finally producing a backlash. Today in Central Asia, things are stirring for the first time in a decade. Even in quasi-Stalinist Turkmenistan, an opposition movement-in-exile led by former high ranking government officials has emerged which openly proclaims its intention of getting rid of dictator Saparmurat Niyazov. In Kyrgyzstan, disturbances in March, when police killed six protesters calling for the release of a jailed parliamentarian, were followed by larger demonstrations that forced President Akaev in May to dismiss his government. The iron-fisted Islam Karimov of Uzbekistan, under considerable pressure from Washington, has made some limited concessions to domestic and international public opinion, sentencing policemen to prison terms for torturing detainees and formally lifting censorship. In Kazakhstan, however, President Nursultan Nazarbaev has reacted differently to domestic pressure and to Washington's calls for reforms to keep repression from breeding terrorism. Since last fall, Nazarbaev has cracked down hard, when his position became a little shakier. First we saw squabbles within the ruling--or should I say, "royal''?--family burst out into the open when Nazarbaev demoted his powerful son-in-law. Then a new opposition movement emerged, headed by former officials who called for urgent reforms. Two of the leaders of that movement are now in prison. Subsequently, Kazakhstan's prime minister had to acknowledge the existence of $1 billion stashed in a Swiss bank account under Nazarbaev's name. Some of the few opposition legislators allowed into parliament have demanded more information about the money and about any other possible hoards in foreign banks. This would be a scandal in any country. But with a consistency worthy of a nobler goal, Nazarbaev's regime has for years stifled the opposition and independent media. And as detailed in a recent Washington Post story, which I ask to be inserted for the Record, Kazakh authorities have recently intensified their assault on those few remaining outlets, employing methods that can only be described as grotesque and revolting. In one case, the editor of an opposition newspaper found a decapitated dog hanging outside her office. Attached to a screwdriver stuck into its body was a message that read "there won't be a next time.'' On May 23, the State Department issued a statement expressing "deep concern'' that these assaults "suggest an effort to intimidate political opposition leaders in Kazakhstan and the independent media and raise serious questions about the safety of the independent media in Kazakhstan.'' That statement did not have the desired effect--last week, someone left a human skull on a staircase in the building where the editorial office of another newspaper is located. Mr. Speaker, after September 11, the U.S. Government moved to consolidate relationships with Central Asian states, seeking cooperation in the battle with terrorism. But Washington also made plain that we expected to see some reform in these entrenched dictatorships, or we would all have to deal with consequences in the future. Nursultan Nazarbaev has ignored this call. Increasingly nervous about revelations of high-level corruption, he is obviously determined to do anything necessary to remain in power and to squelch efforts to inform Kazakhstan's public of his misdeeds. But even worse, he seems convinced that he can continue with impunity as his goons brutally threaten and assault the brave men and women who risk being journalists in a country so hostile to free speech. Mr. Speaker, against this backdrop, I am introducing this resolution, which expresses concern about these trends, calls on Kazakhstan's leadership to observe its OSCE commitments and urges the U.S. Government to press Kazakhstan more seriously. I hope my colleagues will support this resolution and I look forward to their response. [Washington Post Foreign Service, Mon., June 10, 2002] NEW REPRESSION IN KAZAKHSTAN JOURNALISTS TARGETED AFTER PRESIDENT IMPLICATED IN SCANDAL (By Peter Baker) ALMATY, KAZAKHSTAN. "There won't be a next time.'' The dog's missing head was left along with a similar note at Petrushova's house. Three nights later, someone threw three molotov cocktails into her office and burned it to the ground. The political climate in this oil-rich former Soviet republic has taken a decidedly ominous turn in recent weeks, ever since the revelation that the country's president, Nursultan Nazarbayev, secretly stashed $1 billion of state money in a Swiss bank account 6 years ago. As the scandal blossomed, opposition leaders were suddenly arrested, newspapers and television stations shut down, and critical journalists beaten in what foes of the government consider a new wave of repression. What inspectors and regulators have not accomplished, mysterious vandals have. One of the country's leading television stations was knocked off the air when its cable was sliced in the middle of the night. Shortly after it was repaired, the cable was rendered useless again when someone shot through it. "Everything that's been achieved over the last 10 years, it's been wiped out,'' Petrushova lamented. "This political system we have is still Soviet,'' said Yevgeny Zhovits, director of the Kazakhstan International Bureau for Human Rights and the Rule of Law. "By its spirit, by its nature, by its attitude toward personal freedom, it's still Soviet.'' The tale of intrigue emerging in Kazakhstan, while familiar across the former Soviet Union, takes on special significance in Central Asia, a region that has become far more important to the United States as it fights a war in nearby Afghanistan. The case also sheds some light on the tangled world of oil, money and politics in a country with massive energy reserves. The U.S. Embassy and the State Department have issued statements condemning the pattern of events and fretting about the state of democracy in a country still run by its last Communist boss. But many reformers in Kazakhstan worry that the West has effectively turned its eyes away from human rights abuses to maintain the international coalition against terrorism. "All this is happening with the silent consent of the West,'' said Assylbeck Kozhakhmetov, a leading figure in Democratic Choice for Kazakhstan, an opposition party founded last year. Until Sept. 11, Nazarbayev's government worried about offending the West, he noted, but not anymore. "The ostrich party of Western democracies actually unties the hands of dictators.'' Nazarbayev, a burly, 61-year-old former steel mill blast-furnace operator, has run this giant, dusty country of 17 million people with an authoritarian style. Nazarbayev was a former member of the Soviet Politburo who took over as head of the republic in 1990, became president after independence in 1991, and continued to dominate Kazakhstan through uncompetitive elections and a referendum extending his term. His relationship with oil companies has prompted investigations in Switzerland and the United States as prosecutors in both countries probe whether an American lobbyist helped steer millions of dollars in oil commissions to him and other Kazakh leaders. The long-brewing questions about such transfers and rumors of foreign bank accounts erupted into a full-blown scandal in April when Nazarbayev's prime minister admitted to parliament that the president diverted $1 billion to a secret Swiss bank account in 1996. The money came from the sale that year of a 20 percent stake in the valuable Tengiz offshore oil fields to Chevron. The prime minister, Imangali Tasmagambetov, said that Nazarbayev had sent the money abroad because he worried that such a large infusion of cash into Kazakhstan would throw the currency into a tailspin. Although he never disclosed the secret fund to parliament, Nazarbayev used it twice to help stabilize the country during subsequent financial crises, Tasmagambetov said. In an inter-view last week, a top government official dismissed the significance of the revelation and the resulting furor. "The so-called Kazakh-gate, the government officially explained this,'' said Ardak Doszham, the deputy minister of information. "There was a special reserve account set up by the government. It's a normal account that can be managed by officials appointed by the government. It's not managed by individuals. The money that goes into it is state money, and it's supposed to be used to meet the needs of the state.'' Asked who knew about it, Doszham could identify only three men, Nazarbayev, the prime minister and the chairman of the national bank. Asked why lawmakers were never informed, he said, "It was impossible to raise this issue before parliament because it would have elicited many questions.'' But opposition leaders and journalists said Nazarbayev finally revealed the account this spring only after they pushed Swiss prosecutors for information. The opposition and journalists said they believe the president announced the $1 billion fund only as a smoke screen to obscure other matters still under investigation by the Swiss and U.S. prosecutors. "All around there is bribe-taking and stealing and mafia,'' said Serikbolsyn Abdildin, the head of the Communist Party and one of two parliament deputies whose information request to prosecutors preceded the announcement. "There's corruption in the top echelon of power.'' The disclosure of the $1 billion Swiss fund was designed to "fool public opinion,'' he said. The disclosures have coincided with an escalating series of troublesome incidents for those who do not defer to the government. Just days before Tasmagambetov's speech to parliament, Kazakh authorities arrested opposition politician Mukhtar Abilyazov, while his colleague, Ghalymzhan Zhaqiyanov, avoided a similar fate only by fleeing into the French Embassy here in Almaty, the former capital, two days later. After assurances from Kazakh authorities, he left the embassy, and promptly was also taken into custody. The government insisted it was pursuing embezzlement charges against the two, both founding members of Democratic Choice. The opposition called it blatant harassment. Other opposition figures began to feel the heat as well. While independent media in Kazakhstan have often experienced difficulty in the decade since independence, a string of frightening episodes convinced many journalists that they were being targeted. The government began enforcing a five-year-old law requiring television stations to ensure that 50 percent of their broadcasts were aired in the native Kazakh tongue, a language that in practice remains secondary to Russian here. Most television stations cannot afford to develop such programming and prefer to buy off-the-shelf material from Russia, including dubbed Western television shows and movies. As government agents swarmed in and began monitoring channels this spring, they began seizing licenses of those stations that did not comply. Similarly, inspectors showed up at newspaper offices demanding to see registration papers and suspending those publications that did not have everything in order. Some that did not list their addresses properly were abruptly shut down. Printing houses began refusing to publish other papers, and one printing house was burned down in unclear circumstances. Tamara Kaleyeva, president of the International Foundation for Protection of Speech here, said about 20 newspapers have been forced to stop publishing and about 20 television stations have been shut down or face closure. "It appears the Swiss accounts are the reason for a terrible persecution against free speech,'' she said. Added Rozlana Taukina, president of the Central Asia Independent Mass Media Association, "The country is turning into an authoritarian regime.'' Doszham, the deputy minister, denied any political motivations behind the recent actions. Television stations had been flouting the language law, he said, and the government has suspended about seven or eight, and gone to court to recall the licenses of another six or seven. Similarly, he said, newspapers had been violating requirements. "The law is harsh,'' he said, "but the law is the law.'' Even more harsh, however, has been an unofficial but often violent crackdown. It is not known who is orchestrating it. Bakbytzhan Ketebayev, president of Tan Broadcasting Co., whose Tan TV station was among the best known in Kazakhstan, has been off the air for two months following repeated attacks on his cable. Even after it was repaired following the gunshots, it was damaged yet again when someone drove three nails in it. "Once it's an accident, twice it may be an accident,'' he said. "But three times is a trend.'' At the newspaper Soldat, which means soldier in Russian but is also a play on words in Kazakh meaning "that one demands to speak,'' the assault was more personal. One day in late May, four young men burst into the newspaper office and beat two workers there, bashing one woman's head so hard she remains in the hospital. They also took the computer equipment. Ermuram Bali, the editor, said the attack came the day before the weekly was to run the second of two installments reprinting a Seymour Hersh piece from the New Yorker about oil and corruption in Kazakhstan. "This is the last warning against you,'' he said the assailants told his staff. Other journalists have been physically attacked as well. And then there was Petrushova and the headless dog. Like Soldat, her newspaper, the Republic Business Review, had written about the scandal. Then the mutilated animal was found May 19, and finally the newspaper office was set aflame on May 22. Petrushova suspects state security agencies were behind the incidents but cannot prove it. "The throne started to waver, and in order to hold it in place, all sorts of measures are being used,'' she said. Now she works out of borrowed offices at Tan TV headquarters, putting out the newspaper on her own typographical machine and stapling each issue. "It's just like it was in the time of the Soviet Union.''

  • Hearing Addresses Dramatic Increase in Anti-Semitic Attacks Across Europe

    By H. Knox Thames, CSCE Counsel The United States Helsinki Commission held a hearing May 22, 2002 on the continuing wave of anti-Semitic attacks that has swept across Europe this year. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing. Commissioners Rep. Benjamin Cardin (D-MD), Senator George V. Voinovich (R-OH), and Senator Hillary Rodham Clinton (D-NY) also participated. Testifying before the Commission were Shimon Samuels, Director of the Simon Wiesenthal Center in Paris; Mark B. Levin, Executive Director of NCSJ: Advocates on behalf of Jews in Russia, Ukraine, the Baltic States & Eurasia; Alexandra Arriaga, Director of Government Relations for Amnesty International USA; Rabbi Andrew Baker, Director of International Jewish Affairs for the American Jewish Committee; and Kenneth Jacobson, Director of International Affairs Division for the Anti-Defamation League. Co-Chairman Smith opened the hearing with an urgent appeal to combat increasingly frequent acts of anti-Semitism – including synagogue fire bombings, mob assaults, desecration of cultural property and armed attacks. He detailed the Organization for Security and Cooperation in Europe’s strong position on anti-Semitism, but voiced dismay that some participating States have not taken appropriate measures to combat acts of violence and incitement. “Anti-Semitism is not necessarily based on the hatred of the Judaic faith, but on the Jewish people themselves,” Smith said. “Consequently, the resurfacing of these . . . acts of violence is something that cannot be ignored by our European friends or the United States.” In a submitted statement, Chairman Ben Nighthorse Campbell stated, “The anti-Semitic violence spreading throughout the OSCE region gives cause for deep concern for its scope and viciousness.” Senator Campbell insisted “no longer can these acts of intolerance and violence be viewed as separate occurrences.... [Such] manifestations of anti-Semitism must not be tolerated, period, regardless of the source.” Senator Voinovich expressed consternation over the increasing number of attacks in Europe. He stated he was “saddened and deeply disturbed by reports of anti-Semitism that have taken place recently in some of the world’s strongest democracies: France, Germany, Belgium.” Senator Voinovich added, “Many of Europe’s synagogues have become targets of arson and Molotov cocktails.” Senator Clinton added, anti-Semitism “is something for which all of us have to not only be vigilant but prepared to take action.” She urged President Bush to raise the issue during his planned trip to Europe, and expressed hope that the OSCE commitments undertaken by European governments, in reference to anti-Semitism, would be “followed up by action.” Rep. Cardin, in his opening statement, hoped the hearing would “remind OSCE participating States that they have pledged to unequivocally condemn anti-Semitism and take effective measures to both prosecute those committing such hate crimes and to protect individuals from anti-Semitic violence.” Rep. Cardin also expressed his disappointment that European governments had not taken a more aggressive stand. Dr. Samuels presented chilling testimony on the extent of anti-Semitic attacks in Europe and the failure of European governments and the international community to respond effectively. “Every Jewish building in Paris requires protection,” Samuels testified, reading from a January 16, 2002 Le Monde article. “Any child leaving school may be beaten because he is Jewish, only because he is a Jew.” Among the hundreds of attacks in France just this year, Samuels cited several compelling stories: An eight-year-old girl was wounded by a bullet when a Jewish school bus came under fire in suburban Paris. A rabbi’s car was defaced by graffiti that read “Death to the Jews.” Rather than documenting these incidents as anti-Semitic violence, the French Government identified them as a broken windshield and an act of vandalism, respectively. In effect, there exists what Dr. Samuels called a “black box of denial.” The perpetrators often go unpunished. Mr. Levin addressed anti-Semitism in the former Soviet states, urging appropriate criticism of countries’ shortcomings and recognition of their successes when it comes to combating anti-Semitism. Enforcing existing laws, using the bully pulpit, outreach to the general public, furthering understanding through education, and encouraging a role for religious leaders are all important steps, Levin testified. He concluded, “It is our hope and it is our expectation that when President Bush meets with President Putin in Moscow. . . he will carry this message.” Ms. Arriaga testified that Amnesty International strongly condemns the recent spate of anti-Semitic attacks. “These acts are violations of the most fundamental human rights committed on the basis of an individual’s religion or identity,” she said. Ms. Arriaga made two recommendations. One, President Bush should raise issues of law enforcement accountability and other steps toward combating racist and anti-Semitic attitudes with Russian President Vladimir Putin at the late-May U.S.-Russia summit. Two, Congress should consider lifting the Jackson-Vanik amendment as a means of leveraging discussions. Rabbi Baker made a compelling statement that further highlighted the severity of anti-Semitism. Like Samuels, Baker outlined three sources of hatred that have converged to create the situation in which Europe now finds itself. They include radicalized Muslims, incited by the scathing coverage of Israel in the Arabic press; the surge in popularity of Europe’s far right wing; and a growing hatred of Israel on Europe’s left wing. “The image of an Israeli who is frequently portrayed as an aggressive violator of human rights is quickly conflated with the Jew,” Baker testified. Taking this one step further, Baker continued, cartoonists have depicted Israeli leaders with gross physical exaggerations just as the Nazis depicted the Jewish “villain.” Baker observed the need for U.S. political leaders to approach European leaders “in measured and sober tones.” Concluding his testimony, Baker acknowledged that the U.S. has been European Jewry’s strongest ally in the fight against anti-Semitism. Mr. Jacobson’s testimony framed the issue of anti-Semitism as a national security matter for the United States. Anti-American and anti-Jewish sentiments often go hand-in-hand, he said. Typically, this sort of hatred spreads from one region in the Middle East to another in Europe, in large part, because of anti-Jewish invective spewed by Al Jazeera television, anti-Israel media coverage in France, and trans-ideological Internet propaganda. Appealing for action, Jacobson recommended that Congress and the OSCE work to place this issue on the international diplomatic agenda. He also suggested the international community convene a conference on anti-Semitism. Finally, anti-bias education can help combat anti-Semitism, Jacobson said. Commissioners pledged to raise the issue of anti-Semitism at the upcoming OSCE Berlin Parliamentary Assembly meeting in early July. Among the initiatives discussed was the introduction of a free-standing resolution on anti-Semitic violence in the OSCE region for consideration in Berlin. An un-official transcript of the hearing and written statements submitted by Members and witnesses can be found on the Helsinki Commission’s Internet web site. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives, and one official each from the Departments of State, Defense, and Commerce. Helsinki Commission intern Derek N. Politzer contributed to this article.

  • Commission Hearing Examines Cooperation in the War on Terrorism in the OSCE Region

      United States and European officials testified before a May 8, 2002 hearing of the Commission on Security and Cooperation in Europe on the degree of cooperation among OSCE participating States in the war against terrorism. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing with participation by Ranking Member Rep. Steny H. Hoyer (D-MD), Commissioners Rep. Benjamin L. Cardin (D-MD), Rep. Joseph R. Pitts (R-PA),Rep. Alcee L. Hastings (D-FL), Rep. Frank R. Wolf (R-VA), and Rep. Robert B. Aderholt (R-AL). Portuguese Foreign Minister Antonio Martins da Cruz testified in his capacity as OSCE Chairman-in-Office, while Spain’s Ambassador to the United States, Javier Ruperez, spoke on behalf of the European Union. The State Department’s Principal Deputy Coordinator for Counter-Terrorism, Mark Wong, and the Treasury Department’s Under Secretary for Enforcement, Jimmy Gurulé, represented the Administration. OSCE to Focus on Policing, Border Control, Trafficking and Money Laundering While the OSCE participating States have undertaken anti-terrorism commitments dating as far back as the 1975 Helsinki Final Act, the September 11 terrorist attacks against the United States have given new urgency to cooperation in combating the threats posed by terrorism. Last December, the 55 participating States adopted a Decision on Combating Terrorism at the Bucharest OSCE Ministerial Meeting and subsequently agreed to a Plan of Action at an OSCE and UN-sponsored international conference on strengthening efforts to counter terrorism held in Bishkek, Kyrgyzstan. At the hearing, Foreign Minister Martins da Cruz outlined related measures taken under Portugal’s chairmanship, including the appointment of former Danish Defense Minister Jan Troejborg to serve as the Chairman’s personal representative in coordinating OSCE activities relating to terrorism. Martins da Cruz highlighted policing, border control, trafficking and money laundering as four strategic areas for OSCE focus and noted the establishment of an anti-terrorism unit within the OSCE Secretariat to develop concrete projects in these areas. The Minister described a meeting of secretaries general and other high representatives of international and regional organizations to be held in Lisbon, on June 12, with the aim of enhancing collaboration and coordination on anti-terrorism initiatives. Finally, the Foreign Minister suggested that new measures to fight terrorism, and the financing of it, could be elaborated in an OSCE charter on terrorism. Skeptics have questioned the need for such a charter given the extensive body of existing OSCE anti-terrorism commitments and action plans. Several Helsinki Commissioners emphasized the responsibility first and foremost of the participating States themselves to implement such commitments whether through unilateral or bilateral action as well as multilateral initiatives undertaken by the OSCE. Co-Chairman Smith noted that “terrorists survive and thrive thanks to organized criminal activity, official corruption, inadequate law enforcement and state repression. The OSCE has developed an ability unique among international organizations to highlight these problems and encourage solutions, through multilateral cooperation and the implementation of commitments made by each participating State.” Commission Chairman Senator Ben Nighthorse Campbell (R-CO) echoed this theme in prepared remarks, “The OSCE participating States can make a meaningful contribution to the antiterrorism campaign by focusing on the OSCE principles of democracy, human rights and the rule of law while promoting practical cooperation in combating corruption and international crime – issues closely linked to terrorism.” “It would be a mistake if the OSCE were to be a mere talk shop on terrorism, ” commented Ranking Commissioner Steny H. Hoyer (D-MD). “The organization needs to engage: coordinating activities, reporting from the field, encouraging action to be taken as necessary by the participating States.” Commissioner Pitts, noting how many OSCE countries disregard their commitments, particularly in human rights, asked if there was really much value to negotiating an OSCE charter on terrorism instead of encouraging States to implement existing commitments. The Foreign Minister defended the proposal, arguing that a charter would serve as a useful guideline, especially for countries making the transition to a democracy. Contribution of the European Union Ambassador Javier Ruperez assured the Commission that the European Union “stands firmly with the people of this country, of the United States of America, and with its government in its common struggle against terrorism.” Ruperez then highlighted steps taken by the EU, leading up to the May 2nd Washington summit between President George W. Bush and EU President José María Aznar, with the fight against terrorism as its top priority. The EU Member States have agreed to a common definition of terrorism, adopted a Europe-wide arrest warrant (which the EU would like to extend bilaterally with the United States), and developed law enforcement and judicial cooperation through EUROPOL and EUROJUST. At the U.S.-EU summit, parties negotiated mandates for treaties on extradition and mutual legal assistance. Ruperez stressed the importance of ongoing efforts aimed at developing a consolidated list of individuals and organizations considered to be terrorist by both the EU and the United States. He expressed Spain’s pride in presiding over the EU while these developments were accomplished, especially given Spain’s own struggle against terrorism. Co-Chairman Smith stressed the need to cooperate not only in preventing terrorist acts, but in dealing with them once they occur. Noting the attack on the World Trade Center and the subsequent spread of anthrax in the mail in his own congressional district, Smith expressed shock at how unprepared the authorities were to deal with such catastrophic events. “It’s a matter of when and not if,” Smith said. “I hate to say it, but I think there are enough people who are so radical, so extreme and so full of hate with access to potential weapons of mass destruction that we’ve got to prepare for the worst and pray it never happens.”Views from State and Treasury Mark Wong of the State Department’s Office for Counter-Terrorism stressed President Bush’s definition of the campaign against terrorism as multi-dimensional, entailing not just bilateral but multilateral cooperation in a variety of areas. “All partners in this battle have something to contribute and we all need that contribution,” Mr. Wong said. “No nation, even one as powerful as the United States, can succeed in this long-term battle going it alone.” Mr. Wong praised the EU for its support of the United States, especially in regard to the military response and the efforts to cut terrorist financing. He also called the OSCE one of the “most energetic and cooperative organizations” not only in rallying its participating States to respond to terrorism but also in promoting human rights and democracy building, which, along with the rule of law are “fundamental elements of our broad-based counter-terrorism strategy.” Mr. Wong also said that OSCE police training activities, focused on the Balkans, are very useful in the long-range fight against terrorism. The Coordinator also noted OSCE comprehensive membership as an asset, and pointed to U.S.-Russian cooperation in the OSCE response to terrorism. In his testimony, Secretary Gurulé detailed accomplishments to date in cutting the finances of terrorists. “Treasury has named 210 individuals and entities as financiers of terrorism,” Gurulé said, “and has blocked over $34.3 million in assets. Our coalition partners have blocked an additional $81.3 million. One hundred ninety-six nations have expressed support to disrupt terrorist financing, and 161 nations have blocking orders in place. It would do little good if the Treasury Department issued blocking orders on the bank accounts of terrorist financiers but the terrorists were, nonetheless, able to move their money globally through foreign bank accounts. It was imperative to work closely with our international partners to develop an international coalition to go after terrorist funds.” Secretary Gurulé saw potential for the OSCE as a clearinghouse for linking particular needs of participating States regarding a range of issues from anti-terrorist financing initiatives to expertise of terrorist networks. He noted that there is the will to cooperate but sometimes not the technical ability, legislation or law enforcement mechanisms to conduct complex money laundering and terrorist financing investigations. Country Critiques Particular concerns regarding countries or geographic areas within the OSCE region were raised either during the hearing or in subsequent questions submitted to the State and Treasury Departments which, along with official responses, will become part of the hearing record. Belarus was highlighted for allegedly selling weapons to rogue state sponsors of terrorism. Recent reports that Ukraine and the Czech Republic had also sold or allowed the delivery of weapons to countries like Iraq were raised as well. Commission Members expressed fear that the United States was working with governments in countering terrorism threats that also used such threats as a pretext to deny basic human rights, silence opposition or thwart religious freedoms. Concerns were also voiced with respect to developments in Uzbekistan, Kazakhstan and Georgia. Inquiries were made regarding the extent to which the Russian Federation is cooperating on the financial front and in isolating terrorist-supporting states around the globe. Finally, southeastern Europe was noted for being vulnerable to organized crime and corruption, especially in smuggling and trafficking, which could be used to help finance terrorist organizations. With the OSCE Parliamentary Assembly’s Berlin Annual Session slated to focus on terrorism, several Commissioners asked the Administration witnesses for suggestions on issues relating to the war on terrorism which could be pursued during the course of the meeting in early July. An un-official transcript of the hearing is accessible through the Helsinki Commission’s Internet web site at http://www.csce.gov. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Commission Hearing Examines Cooperation in the War on Terrorism in the OSCE Region

    United States and European officials testified before a May 8, 2002 hearing of the Commission on Security and Cooperation in Europe on the degree of cooperation among OSCE participating States in the war against terrorism. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing with participation by Ranking Member Rep. Steny H. Hoyer (D-MD), Commissioners Rep. Benjamin L. Cardin (D-MD), Rep. Joseph R. Pitts (R-PA), Rep. Alcee L. Hastings (D-FL), Rep. Frank R. Wolf (R-VA), and Rep. Robert B. Aderholt (R-AL). Portuguese Foreign Minister Antonio Martins da Cruz testified in his capacity as OSCE Chairman-in-Office, while Spain’s Ambassador to the United States, Javier Ruperez, spoke on behalf of the European Union. The State Department’s Principal Deputy Coordinator for Counter-Terrorism, Mark Wong, and the Treasury Department’s Under Secretary for Enforcement, Jimmy Gurulé, represented the Administration. OSCE to Focus on Policing, Border Control, Trafficking and Money Laundering While the OSCE participating States have undertaken anti-terrorism commitments dating as far back as the 1975 Helsinki Final Act, the September 11 terrorist attacks against the United States have given new urgency to cooperation in combating the threats posed by terrorism. Last December, the 55 participating States adopted a Decision on Combating Terrorism at the Bucharest OSCE Ministerial Meeting and subsequently agreed to a Plan of Action at an OSCE and UN-sponsored international conference on strengthening efforts to counter terrorism held in Bishkek, Kyrgyzstan. At the hearing, Foreign Minister Martins da Cruz outlined related measures taken under Portugal’s chairmanship, including the appointment of former Danish Defense Minister Jan Troejborg to serve as the Chairman’s personal representative in coordinating OSCE activities relating to terrorism. Martins da Cruz highlighted policing, border control, trafficking and money laundering as four strategic areas for OSCE focus and noted the establishment of an anti-terrorism unit within the OSCE Secretariat to develop concrete projects in these areas. The Minister described a meeting of secretaries general and other high representatives of international and regional organizations to be held in Lisbon, on June 12, with the aim of enhancing collaboration and coordination on anti-terrorism initiatives. Finally, the Foreign Minister suggested that new measures to fight terrorism, and the financing of it, could be elaborated in an OSCE charter on terrorism. Skeptics have questioned the need for such a charter given the extensive body of existing OSCE anti-terrorism commitments and action plans. Several Helsinki Commissioners emphasized the responsibility first and foremost of the participating States themselves to implement such commitments whether through unilateral or bilateral action as well as multilateral initiatives undertaken by the OSCE. Co-Chairman Smith noted that “terrorists survive and thrive thanks to organized criminal activity, official corruption, inadequate law enforcement and state repression. The OSCE has developed an ability unique among international organizations to highlight these problems and encourage solutions, through multilateral cooperation and the implementation of commitments made by each participating State.” Commission Chairman Senator Ben Nighthorse Campbell (R-CO) echoed this theme in prepared remarks, “The OSCE participating States can make a meaningful contribution to the antiterrorism campaign by focusing on the OSCE principles of democracy, human rights and the rule of law while promoting practical cooperation in combating corruption and international crime – issues closely linked to terrorism.” “It would be a mistake if the OSCE were to be a mere talk shop on terrorism,” commented Ranking Commissioner Steny H. Hoyer (D-MD). “The organization needs to engage: coordinating activities, reporting from the field, encouraging action to be taken as necessary by the participating States.” Commissioner Pitts, noting how many OSCE countries disregard their commitments, particularly in human rights, asked if there was really much value to negotiating an OSCE charter on terrorism instead of encouraging States to implement existing commitments. The Foreign Minister defended the proposal, arguing that a charter would serve as a useful guideline, especially for countries making the transition to a democracy. Contribution of the European Union Ambassador Javier Ruperez assured the Commission that the European Union “stands firmly with the people of this country, of the United States of America, and with its government in its common struggle against terrorism.” Ruperez then highlighted steps taken by the EU, leading up to the May 2nd Washington summit between President George W. Bush and EU President José María Aznar, with the fight against terrorism as its top priority. The EU Member States have agreed to a common definition of terrorism, adopted a Europe-wide arrest warrant (which the EU would like to extend bilaterally with the United States), and developed law enforcement and judicial cooperation through EUROPOL and EUROJUST. At the U.S.-EU summit, parties negotiated mandates for treaties on extradition and mutual legal assistance. Ruperez stressed the importance of ongoing efforts aimed at developing a consolidated list of individuals and organizations considered to be terrorist by both the EU and the United States. He expressed Spain’s pride in presiding over the EU while these developments were accomplished, especially given Spain’s own struggle against terrorism. Co-Chairman Smith stressed the need to cooperate not only in preventing terrorist acts, but in dealing with them once they occur. Noting the attack on the World Trade Center and the subsequent spread of anthrax in the mail in his own congressional district, Smith expressed shock at how unprepared the authorities were to deal with such catastrophic events. “It’s a matter of when and not if,” Smith said. “I hate to say it, but I think there are enough people who are so radical, so extreme and so full of hate with access to potential weapons of mass destruction that we’ve got to prepare for the worst and pray it never happens.” Views from State and Treasury Mark Wong of the State Department’s Office for Counter-Terrorism stressed President Bush’s definition of the campaign against terrorism as multi-dimensional, entailing not just bilateral but multilateral cooperation in a variety of areas. “All partners in this battle have something to contribute and we all need that contribution,” Mr. Wong said. “No nation, even one as powerful as the United States, can succeed in this long-term battle going it alone.” Mr. Wong praised the EU for its support of the United States, especially in regard to the military response and the efforts to cut terrorist financing. He also called the OSCE one of the “most energetic and cooperative organizations” not only in rallying its participating States to respond to terrorism but also in promoting human rights and democracy building, which, along with the rule of law are “fundamental elements of our broad-based counter-terrorism strategy.” Mr. Wong also said that OSCE police training activities, focused on the Balkans, are very useful in the long-range fight against terrorism. The Coordinator also noted OSCE comprehensive membership as an asset, and pointed to U.S.-Russian cooperation in the OSCE response to terrorism. In his testimony, Secretary Gurulé detailed accomplishments to date in cutting the finances of terrorists. “Treasury has named 210 individuals and entities as financiers of terrorism,” Gurulé said, “and has blocked over $34.3 million in assets. Our coalition partners have blocked an additional $81.3 million. One hundred ninety-six nations have expressed support to disrupt terrorist financing, and 161 nations have blocking orders in place. It would do little good if the Treasury Department issued blocking orders on the bank accounts of terrorist financiers but the terrorists were, nonetheless, able to move their money globally through foreign bank accounts. It was imperative to work closely with our international partners to develop an international coalition to go after terrorist funds.” Secretary Gurulé saw potential for the OSCE as a clearinghouse for linking particular needs of participating States regarding a range of issues from anti-terrorist financing initiatives to expertise of terrorist networks. He noted that there is the will to cooperate but sometimes not the technical ability, legislation or law enforcement mechanisms to conduct complex money laundering and terrorist financing investigations. Country Critiques Particular concerns regarding countries or geographic areas within the OSCE region were raised either during the hearing or in subsequent questions submitted to the State and Treasury Departments which, along with official responses, will become part of the hearing record. Belarus was highlighted for allegedly selling weapons to rogue state sponsors of terrorism. Recent reports that Ukraine and the Czech Republic had also sold or allowed the delivery of weapons to countries like Iraq were raised as well. Commission Members expressed fear that the United States was working with governments in countering terrorism threats that also used such threats as a pretext to deny basic human rights, silence opposition or thwart religious freedoms. Concerns were also voiced with respect to developments in Uzbekistan, Kazakhstan and Georgia. Inquiries were made regarding the extent to which the Russian Federation is cooperating on the financial front and in isolating terrorist-supporting states around the globe. Finally, southeastern Europe was noted for being vulnerable to organized crime and corruption, especially in smuggling and trafficking, which could be used to help finance terrorist organizations. With the OSCE Parliamentary Assembly’s Berlin Annual Session slated to focus on terrorism, several Commissioners asked the Administration witnesses for suggestions on issues relating to the war on terrorism which could be pursued during the course of the meeting in early July. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Escalating Violence and Rights Violations in Central Asia

    This briefing was moderated by CSCE Commissioner Christopher H. Smith (NJ-04), and witnesses included Vitaly Pononaryov, Director of the Central Asia Program; Abdusalom Ergashev at the Head Ferghana Branch of the Human Rights Organization of Uzbekistan; Pulat Akhunov, Director of the Central Asian Association of Sweden; and Michael Ochs, Senior Staff Advisor at the Helsinki Commission. As a briefing that took place shortly after the events on September 11, 2001, it was noted that ties between the United States and Central Asian states had become a lot closer to strategically adapt to the changing circumstances in Afghanistan and Iraq. In fact, Presidents Karimov and Bush signed a declaration on strategic partnership and cooperation. Unfortunately, though, Central Asian republics, especially Uzbekistan and Turkmenistan, do not have very good human rights records, which were discouraging for the case of Permanent Normal Trade Relations with these countries, something that the Bush Administration had intended to commit to.

  • U.S. Policy in Central Asia and Human Rights Concerns

    This briefing addressed U.S. policy in Central Asia and human rights concerns in the region in advance of the President of Uzbekistan’s visit to Washington, which had drawn attention to the deepening engagement of the United States in the region. Questions about Washington’s leverage presently and in the foreseeable future as well as the prospects for improving the dismal human rights situation in the region were discussed. Witnesses testifying at the briefing – including Lawrence Uzzell, Director of the Keston Institute; E. Wayne Merry, Senior Associate of the American Foreign Policy Council; and Nina Shea, Commissioner of the U.S. Commission on International Religious Freedom – presented numerous examples of the human rights violations that occur in Central Asian countries like Uzbekistan and pointed to the inheritance of imperial policies of commodity exploitation, ecological damage, and extremely bad demographics as several of the motivating factors of these violations.

Pages