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hearing
Property Restitution, Compensation and Preservation: Competing Claims in Post-Communist Europe
Thursday, July 18, 1996This hearing, which Rep. Christopher H. Smith (NJ – 04) presided over, focused on how to rectify transgressions against individuals by former totalitarian regimes, which Smith called one of the most challenging issues confronting post-Communist societies in the OSCE region. This specifically related to the wrongful confiscation of property. Even though some Communist regimes were required by the 1947 Paris Peace Treaty to make restitution of Jewish property, these governments duly ignored such directives. In fact, Communist regimes were infamous for their complete disregard for private property, nationalizing factories, etc. Likewise, more recently, efforts to return property to former owners had been uneven and oftentimes unsuccessful, stymied by complex moral and legal obligations.
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briefing
Rebuilding Bosnia-Herzegovina: Strategies and the U.S. Role
Sunday, May 19, 1996The Helsinki Commission addressed the status of the ongoing rehabilitation efforts in Bosnia-Herzegovina following the conclusion of the war that took place between 1992 and 1995. Amidst lasting tensions, the Commission emphasized the need for reconciliation and for civilians to actively participate in this process. The primary witness, J. Brian Atwood, administrator of the Agency for International Development, emphasized several goals for moving forward in Bosnia-Herzegovina such as addressing the issue of displaced persons by repairing housing infrastructure, encouraging economic activity through international cooperation with the central bank, and initiating elections under free and fair conditions.
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publication
Report: US Helsinki Commission Delegation to Georgia and Azerbaijan
Friday, April 26, 1996From April 22-26, 1996, Commission staff attended, along with 30 media professionals, the International Conference on Conflict in Trans-Caucasus [sic] and the Role of Mass Media, held in Kobuleti, Ajaria (an Autonomous Republic in Georgia). The conferences organizers were the OSCE Office of Democratic Institu- tions and Human Rights (ODIHR), the OSCE Mission to Georgia, the Council of Europe and the Tbilisi-based Black Sea Press Information Agency. The project was co-sponsored by the U.S. Agency for International Development, through the Eurasia Foundation. Participants came from Baku, Tskhinvali (South Ossetia), Stepanakert (Nagorno-Karabakh), Tbilisi and Yerevan. Organized by the ODIHR as a follow-up to the 1995 Human Dimension Implementation Review Meeting in Warsaw, the conference was one in a series on the role of the media in conflict situations and in systems undergoing the transition from communism. The stated aim of these conferences is to develop aware- ness of and working recommendations for the journalists working in conflict regions on the role the media can play in preventing and resolving conflicts. A secondary goal is to give journalists from states or regions in conflict the opportunity to meet, discuss common problems and establish personal contacts to promote the exchange of information. Other scheduled conferences examine the role of the media in the former Yugoslavia (June 1996) and the situation of the media in Uzbekistan (October 1996). One important reason conference organizers chose Kobuleti was that Ajaria has managed to avoid the destruction and disruption visited upon the rest of Georgia in the last several years by ethnic conflicts and by gangs of marauding criminals associated with various paramilitary groups. Under the iron grip of Aslan Abashidze, the Chairman of Ajarias Supreme Soviet, Ajaria has been relatively calm, and has taken in refugees from Georgias ethnic-separatist conflicts in Abkhazia and South Ossetia. Since these conflicts are technically unre- solved, Tbilisi, the capital, would have been problematic for Abkhaz and South Ossetians, whereas Ajaria seemed a more neutral site.
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briefing
Turkish Minority in Western Thrace
Friday, April 26, 1996This briefing presented an overview of the problems and the situation of the Turkish minority in Thrace, which had suffered from human rights abuses, including the deprivation of citizenship, denials of the right to buy land or houses, restriction of freedom of expression, movement, and religion, and the degrading treatment of ethnic Turks by Greek government officials. In spite of some reforms taken to improve this situation, many issues still remain, involving education, the expropriation of land, and religious discrimination. Witnesses providing testimony at this hearing – including Tozun Bahcheli, Senior Fellow at the U.S. Institute of Peace; Van Coufoudakis, Vice Chancellor of Academic Affairs at Indiana University/Purdue; and Western Thrace residents Adem Bekiroglu and Irene Laganis – discussed the limitations established by the Greek government’s failure to acknowledge without restriction the existence of the Turkish minority. Issues such as arbitrary deprivation of citizenship, the election of muftis, job discrimination, and discrimination in providing public services were identified as obstacles faced by the Turkish minority.
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hearing
Mass Graves and Other Atrocities in Bosnia
Tuesday, December 05, 1995Rep. Chris Smith (NJ-04) and others discussed the atrocities committed against women, men, and children in the former Yugoslavian country of Bosnia. These atrocities exemplified Bosnia and Herzegovina, as well as the former Yugoslavia at large, as areas where internecine violence and strife seemed to be constant phenomena.
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publication
Summary of the OSCE Rule of Law Seminar
Friday, December 01, 1995From November 28 to December 1, 1995, the participating States of the Organization for Security and Cooperation in Europe (OSCE) convened a seminar on the rule of law. The meeting was organized by the Warsaw-based OSCE Office for Democratic Institutions and Human Rights (ODIHR). Thirty-eight of the 53 fully participating States attended, along with representatives from two Non-Participating Mediterranean States, six international organizations, and 25 non-governmental organizations. Over the course of two days, a number of emerging democracies described the constitutions and other legislative provisions that had been adopted in their countries to provide for the rule of law, at least on paper. Western participants, for their part, generally spoke of the specific and concrete challenges faced in their countries in actually implementing safeguards for the rule of law. In general, the participation of East-Central European and former Soviet countries—most of which attended this meeting—was more active than at the 1991 Oslo meeting, and Western participants, for their part, avoided the West-West bickering that marred the earlier seminar. At the end of the meeting, the rapporteurs produced summaries of the discussions.
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briefing
Religious Liberty: The State Church and Minority Faiths
Tuesday, November 28, 1995Samuel G. Wise, Director for International Policy at the US Helsinki Commission, presented the second briefing in a series focusing on religious liberty in the participating states of the Organization for Security and Cooperation in Europe. This particular discussion was intended to evaluate the relationship between state churches or traditional religious and freedom of religion for minority faiths in the OSCE region through an analysis of the effects of certain historical legacies on individual states. Witnesses testifying at the briefing – including Father Kishkovsky, Ecumenical Officer of the Orthodox Church in America; Father George Papaioannou, Pastor of St. George Greek Orthodox Church; Gerard Powers, Foreign Policy Advisor for the U.S. Catholic Conference; Lauren Homer, Founder of Law and Liberty Trust; and Lee Boothby, Vice President of the Council on Religious Freedom – focused on the issue of minority and majority in society as it relates to religion and the potential for this issue to result in conflict. The historical origins of these tensions, especially in Eastern Europe, were particularly emphasized.
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briefing
The OSCE at Twenty: Its Relevance to Other Regions - Part 3
Tuesday, November 14, 1995This two day briefing was a response to legislation that called for the CSCE to conduct an analysis of the OSCE’s strengths and weaknesses and to ascertain the feasibility of creating similar institutions in other geographic regions. The briefing was divided into six panels. This third section, entitled “Africa: Conflict, Compromise, and Managing Chaos”, was moderated by Ambassador Chester Crocker, former Secretary of State for Africa. Here, panelists identified corruption, weak governance, and ethnic strife as key challenges that could be addressed by an OSCE-like organization. Gabriel Negatu, director of the Federation of African Voluntary Development Organizations, stressed that African governments have to strike a balance between human rights concerns, economic development, and stability. He noted, however, that NGOs had largely been shut out of the multilateral problem solving process. Panelists envisaged a greater role for NGOs, civil society, and business associations in the problem solving process. One suggestion included persuading companies doing business in Africa to develop a code of conduct in conjunction with such organizations as the Africa Business Council.
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briefing
The OSCE at Twenty: Its Relevance to Other Regions - Part 4
Tuesday, November 14, 1995This two day briefing was a response to legislation that called for the CSCE to conduct an analysis of the OSCE’s strengths and weaknesses and to ascertain the feasibility of creating similar institutions in other geographic regions. The briefing was divided into six panels. This fourth panel, entitled “Trade + Democracy = Security & Human Rights?” dealt with Latin America, and was introduced by Senator Bob Graham. Mr. Graham cited three aspects of the Helsinki process with particular relevance in Latin America: the role of NGOs in building civil societ, linkage between security, economics, and human rights; and multilateralization of issues. He believed an OSCE-like process could help counter threats to democratic governments including growing inequality within and between states, unchecked population growth, drug trafficking, and government repression.
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briefing
The OSCE at Twenty: Its Relevance to Other Regions - Part 5
Tuesday, November 14, 1995This two day briefing was a response to legislation that called for the CSCE to conduct an analysis of the OSCE’s strengths and weaknesses and to ascertain the feasibility of creating similar institutions in other geographic regions. The briefing was divided into six panels. This fifth panel focused on the Middle East, and framed the discussion on Middle Eastern security as being closely tied to European security by virtue of their geographic proximity. Ambassador Basheer noted several qualitative differences between Europe and the Middle East in terms of the nature of grievances, which in the Middle East often include complicated territorial issues. He noted that NGOs might play a particularly useful role in mediating such conflicts, especially where parties refuse to engage on a government-to-government level. One notable example of this included Israel’s refusal to engage with regional governments on nuclear weapons proliferation.
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briefing
The OSCE at Twenty: Its Relevance to Other Regions - Part 6
Tuesday, November 14, 1995This two day briefing was a response to legislation that called for the CSCE to conduct an analysis of the OSCE’s strengths and weaknesses and to ascertain the feasibility of creating similar institutions in other geographic regions. The briefing was divided into six panels. This sixth panel dealt with future prospects for multilateralism. Drawing from conclusions in previous panels, Professor Zartman stressed that the CSCE model could not be a template imposed on other regions without consideration for regional mores and traditions. He argued that there was no “rich culture” of the respect for human rights outside of Europe. Professor Buergenthal, however, believed that multilateralism was in the interest of the vast majority of states, especially smaller ones. International law and consensus-based decision making procedures coupled with wide ranging membership acts as a hedge against power politics, he argued, which works to the benefit of many states. Ultimately, panelists were optimistic about the future of multilateralism, but conceded that the development of new international organizations across the world would have to develop in a manner that was attuned to the region’s specific resources and needs.
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briefing
The OSCE at Twenty: Its Relevance to Other Regions - Part 1
Monday, November 13, 1995This two day briefing was a response to legislation that called for the CSCE to conduct an analysis of the OSCE’s strengths and weaknesses and to ascertain the feasibility of creating similar institutions in other geographic regions. The briefing was divided into six panels. This first panel assessed the strengths and weaknesses of the OSCE model. Helsinki Commission Chairman Chris Smith opened the discussion by pointing to the OSCE’s success in impacting upon multilateral processes in Africa and the Middle East. Most panelists believed that there was a large gap between what the OSCE could do and what its members would allow it to do, especially in areas related to security. As such, they felt that procedural mechanisms were vital to the OSCE because they allowed for the maintenance of equal footing among nations through, among other things, consensus based decision making and rotating chairpersons. An important achievement of the OSCE was, according to the panelists, the linkage between human rights, security, economic, and other issues. They also noted that a key element in the OSCE’s development was the cold war tension, which yielded self-enforcing agreements between states. In this regard, it was pointed out that similar models with non-legally binding provisions might be hard to develop in regions lacking such tension.
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briefing
The OSCE at Twenty: Its Relevance to Other Regions - Part 2
Saturday, November 04, 1995This two day briefing was a response to legislation that called for the CSCE to conduct an analysis of the OSCE’s strengths and weaknesses and to ascertain the feasibility of creating similar institutions in other geographic regions. The briefing was divided into six panels. This second panel, entitled “Asia: Market Driven Reform or Repression?” was introduced by Congressman Jim Lightfoot. Rep. Lightfoot believed an OSCE-like process should be considered in Asia and that an organization like the Helsinki commission be created to monitor such a process. Other panelists generally agreed that while the OSCE model held some insights for Asia, including an enhanced role for NGOs, it would be difficult to envision its effectiveness in the vast and varied Asia-Pacific region. Mr. T. Kumar of Amnesty International added that it would be helpful to have a more institutionalized role for NGOs, as they have often become victims themselves when confronting rights abuses. On security matters, the panelists agreed that further development of the ASEAN process would be beneficial in maintaining both bilateral and multilateral ties to the U.S. Finally, in the economic sphere, Mr. Kamm of Market Access Ltd. argued that the promotion of human rights has positive implications for productivity, and that it would thus be in the interest of businesses to establish a human rights protection regime.
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briefing
Religious Liberty in the OSCE: Present and Future
Wednesday, September 27, 1995Speaking on behalf of Congressman Christopher H. Smith and Senator Alfonse M. D’Amato, chairman and co-chairman of the Helsinki Committee, the Committee’s Director for International Policy, Samuel G. Wise, addressed the improvements made by the countries of the OSCE in religious liberty since the demise of communism. Observed deficits in this particular subject were also evaluated, including acts of OSCE governments perpetrating religious intolerance and discrimination against people of faith by passing laws favoring certain religions, turning a blind eye to harassment, and establishing bureaucratic roadblocks to prevent religious minorities from practicing their faith. Each panelist – including Dr. Paul Marshall, Senior Fellow of Political Theory for the Institute for Christian Studies; Dr. Khalid Duran, Senior Fellow for the Institute for International Studies; and Micah Naftalin, National Director for the Union of Councils for Soviet Jews – spoke to the overall factors affecting religious freedom in the OSCE, including: respect for other freedoms such as freedom of speech and religion, ethno-cultural tensions, and the relevance of old prejudices. These ideas were presented in the context of moving towards a more comprehensive respect for religious freedom among OSCE member states in the future.
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briefing
Trade and Investment in Central Europe and the NIS
Monday, July 10, 1995This briefing was the tenth in a series of briefings covering topics such as U.S. assistance to Central and East Europe and the NIS, and free trade unions. Topics of discussion included the economic aspects of efforts to develop institutional networks between the Central and Eastern European countries and the OSCE and the Western European multilateral structures and the progress that has been made by countries in developing association agreements with the European Union. Witnesses testifying at this briefing – including Harriet Craig Peterson, President of Cornerstone International Group and Thomas Price, Coordinator for OSCE Affairs for the State Department – evaluated regional issues associated with infrastructure, environment, energy, and border procedures that needed to be addressed to produce a smoother flow of goods from an economic perspective.
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publication
Armenia's Parliamentary Election and Constitutional Referendum
Wednesday, July 05, 1995This report is based on a Helsinki Commission staff delegation trip to Armenia from June 29 to July 6, 1995. Commission staff spoke with Armenian government officials--including President Levon Ter-Petrossyan, Speaker of Parliament Babgen Araktsyan, Foreign Minister Vahan Papazyan, and Senior Advisor to the President, Jirair Libaridian--and interviewed representatives of Armenian political parties, journalists, and candidates, as well as spokespersons of American non-governmental organizations in Yerevan. The Helsinki Commission would like to thank Ambassador Harry Gilmore and the staff of U.S. Embassy Yerevan, and the OSCE Parliamentary Assembly observer delegation, led by Danish Parliamentarian Annette Just. Armenia had, in the most difficult economic circumtances, impressively managed to combine stability, political pluralism and economic reform. But apprehensions grew about realizing the high hopes this success had engendered. Apart from providing humanitarian and technical assistance, the United States was in a good position, through continued close interest, involvement and suasion, to help consolidate the development of democracy in Armenia.
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hearing
The Latest Crisis in Bosnia-Herzegovina
Thursday, June 08, 1995With Rep. Chris Smith (NJ-04) presiding, this hearing focused on the continuing ethnic conflict in the former Yugoslavian country of Bosnia. This hearing was held with the events of the two weeks that preceded it in mind. More specifically, militants from Serbia had attacked UN outposts and, subsequently, had taken peacekeepers hostage. In spite of the atrocities being committed against the Bosnian people, Rep. Smith stated that the international community viewed the conflict in Bosnia as more of a crisis than the Bosnians themselves. Unfortunately, though, as this hearing sought to address, the international community could have better responded to the crisis in the former Yugoslav country. As a witness, Dr. Haris Silajdzic was also in attendance.
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publication
Prosecuting War Crimes in the Former Yugoslavia: an Update
Thursday, June 01, 1995This memorandum is part of a continuing series of reports prepared by the staff of the Helsinki Commission on the conflict in the former Yugoslavia. In the summer of 1991, Members of Congress and representatives of non-governmental organizations began to call for the establishment of a war crimes tribunal that would hold those responsible for war crimes in the former Yugoslavia personally and individually accountable for their actions. As atrocities mounted over that summer and information about concentration camps became public, these calls began to reverberate at on-going meetings of the Conference on Security and Cooperation in Europe (CSCE) then being held in Prague, Vienna and Helsinki.
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publication
Report on the March 5, 1995 Parliamentary Election in Estonia and Status of Non-Citizens
Monday, May 01, 1995The election on March 5, 1995, for Estonia's national parliament, the Riigikogu, were conducted normally, without any serious violations of the election law or international standards. A seventeen-member delegation of the Organization on Security and Cooperation in Europe Parliamentary Assembly (OSCEPA) concluded that the election was free and fair. The OSCE Office of Democratic Institutions and Human Rights (ODIHR) reported that [the election was] carried out in accordance with the principles contained in the electoral law and there are no major matters which the representatives wish to highlight. ODIHR has submitted several suggestions to the Riigikogu and the National Electoral Committee for improving technical aspects of the process. Political party structures are noticeably undeveloped in the northeast, and in none of the polling stations were any local observers encountered. Discussions at the National Electoral Commission in Tallinn and with local precinct officials revealed some disagreement about the procedure for admitting local observers, around 700 of whom had registered with the National Electoral Commission prior to the election. In any case, the lack of local observers probably indicated general confidence by the citizenry that the government was capable of holding an orderly and honest election without the need for monitors. Checks with other international observers indicated that the only local observers noted were in Tallinn, and precious few of these.
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hearing
Genocide in Bosnia
Tuesday, April 04, 1995This hearing focused on determinig if the recent ethnic cleansing, the destruction of cultural sites, and war crimes and crimes against humanity in Bosnia and the former Yugoslavia constituted genocide. In particular, the witnesses and Commissioners discussed how many of the war crimes were committed on orders from the military and the political leadership.
Tuesday, March 04, 2008