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briefing
Spotlight on Bosnia – Obstacles to Progress and Recommendations for the International Response
Tuesday, July 26, 2011This briefing addressed how politics in Bosnia are marked by increased nationalist rhetoric, which sometimes threatens the country’s peace, stability and territorial integrity, and the parties’ unwillingness to work constructively with the representatives of the international community, and the difficulties that have been faces since the October 2010 elections. Possible sources of this political impasse and possible course of action for the international community were also examined. Witnesses testifying at the briefing – including Clifford Bond, former U.S. Ambassador to Bosnia-Herzegovina and Vice President of the American University in Bosnia-Herzegovina; Kurt Bassuener, Senior Associate of the Democratization Policy Council; and Nida Gelazis, Senior Associate of European Studies Program at the Woodrow Wilson International Center for Scholars – provided several recommendations for improving the political situation in Bosnia, including a strong EU presence in the country, an emphasis on economic improvements, and basic reforms to improve the functionality of the Dayton state.
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hearing
2050: Implications of Demographic Trends in the OSCE Region
Monday, June 20, 2011The hearing focused on the implications of current demographic trends in the expansive OSCE region through the prism of the security, economic and human dimensions. Most of the OSCE’s 56 participating states are experiencing varying stages of demographic decline, marked by diminishing and rapidly aging populations. Such patterns were identifying as likely to have significant social, economic and security consequences for countries throughout the region, including the United States. Witnesses testifying at this hearing – including Jack A. Goldstone, Director of the Center for Global Policy at George Mason University; Nicholas Eberstadt, Henry Wendt Scholar in Political Economy of the American Enterprise Institute; Richard Jackson, Director and Senior Fellow of the Global Aging Initiative at the Center for Strategic and International Studies; and Steven W. Mosher, President of the Population Research Institute – addressed issues related to the demographic trends in the OSCE region, such as shrinking workforces in a growing number of participating States that are expected to become increasingly dependent upon foreign workers in the coming decades. A concern that these factors could contribute to mounting social tensions as demonstrated by clashes in some participating States in recent years was evident.
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briefing
Prospects for Unfreezing Moldova’s Frozen Conflict in Transnistria
Tuesday, June 14, 2011This briefing, which Commissioner Phil Gingrey moderated, focused on the human cost of Moldova’s frozen conflict with Transnistria, its breakaway region, and the prospects for resolving this conflict that, at the time of the briefing, was two decades old. The term “frozen” entails settlement not by a peace agreement, but, rather, by an agreement to freeze each side’s positions. The conflict began immediately following the dissolution of the former U.S.S.R. in 1992, when armed conflict between Moldova and Russian-backed separatist forces was frozen by mutual consent. The Moldovan government had no reasonable alternative. The frozen conflict in Transnistria also has had grave human rights and humanitarian concerns. So, the questions the briefing examined were how to resolve these concerns whether or not the conflict can be unfrozen.
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briefing
Local Elections and Political Instability in Albania
Wednesday, June 01, 2011Mark Milosch and Bob Hand addressed the Albania’s progress as a democracy and the implications of its upcoming local elections. They highlighted the polarization of Albania’s political system and the little respect that exists for the electoral system, as seen by the violence that broke out during Albania’s parliamentary elections earlier that year. Panelists - Jonathan Stonestreet, Robert Benjamin, and Januzs Mugajski - discussed Albania’s long recovery from the Yugoslav conflicts and its status as a NATO ally. They emphasized the importance of political stability in Albania for its successful accession into the European Union and general European integration.
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article
Canada Considers Next Steps in Extractive Industry Transparency; Roundtable in Toronto is Forum for Discussion on Harmonization of Canadian and U.S. Reporting Requirements
Friday, February 04, 2011By Shelly Han Policy Advisor The oil, gas and mining sector play an important part of Canada’s economy, not only in terms of its domestic industry, but also the global reach of Canada’s extractive companies and the importance of its capital markets for international mining companies. According to recent reports, Toronto is the mining finance capital of the world, raising 30 to 40 per cent of the world’s mining equity almost every year, and Canadian mining companies account for a world-leading 40 percent of global exploration expenditure. With passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, a new law was created that requires greater transparency by oil, gas and mining companies in all markets, both domestic and international. The law, sponsored by Senators Ben Cardin and Richard Lugar, requires all companies listed on U.S. stock exchanges to report to the Securities and Exchange Commission (SEC) the payments they make to U.S. and foreign governments for natural resource exploration and extraction. The SEC rule to implement this law is currently being drafted and will become final in early April of 2011. In order to make this transparency initiative even more effective, supporters of the measure are working to enact similar initiatives in other major capital markets such as the EU, Canada, Hong Kong and elsewhere. On January 18, 2011, the Publish What You Pay Coalition of Canada convened a roundtable discussion to consider ways that Canada might harmonize its exchange reporting regulations with the new requirements enacted in the United States. At the event were key players in the Canadian extractives industry sector, the regulatory agencies, academics and non-governmental organizations. Strong support was expressed by some participants for harmonization with the U.S. because of Canada’s pivotal role in providing mining capital. And even though Canadian companies and the Canadian Government have made a tremendous push toward increasing corporate social responsibility in the mining sector, it was noted by one of the participants that Canada is about to be severely criticized by the Organization for Economic Cooperation and Development (OECD) following completion of an assessment of their enforcement of anti-bribery laws. During the discussion, the participants noted that a complicating factor in harmonization was the fact that Canadian capital markets are administered at the provincial and territory-level, meaning that unlike the practice in the United States where this is just one federal regulator, Canada has 13 separate securities regulators. Currently pending legislation in the form of a draft Securities Act, however, may create an overarching federal securities body, but some participants expressed doubt about the passage of this bill. Even absent creation of a federal agency, some participants noted that if the major exchanges in Toronto and Ontario moved to harmonize first, then other provinces were likely to follow suit. Regardless, Canadian regulators are unlikely to move forward until a final SEC rule is issued in April. At that time groups such as the Publish What You Pay Coalition and others will likely move forward with a renewed push for harmonization with new global standard on transparency for the extractive industries.
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article
Belarusian Regime Resolutely Dashes Any Hopes for Democratic Liberalization
Thursday, January 06, 2011By Orest Deychakiwsky, Ronald McNamara, and Josh Shapiro Commission Staff Hints of any democratic progress in Belarus came to a screeching halt on December 19, 2010, in the aftermath of the country’s most recent electoral exercise, the latest in a long line of fundamentally flawed elections. The brutal and bloody election-night crackdown against political opposition supporters, including mass arrests of demonstrators, as well as candidates, who challenged the 16-year rule of Alexander Lukashenka, was unprecedented. Even the prospects of inducements from the EU and others failed to restrain a regime bent on maintaining power. The strong-arm tactics employed on election night, and since, confirm the nature of Lukashenka’s rule – one that perpetuates a pervasive, albeit subtle, climate of fear to squelch dissent. The OSCE Election Observation Mission (EOM) post-election statement, issued on December 20, concluded that “Belarus still has a considerable way to go in meeting its OSCE commitments, although some specific improvements were made. Election night was marred by detentions of most presidential candidates, and hundreds of activists, journalists and civil society representatives.” The Helsinki Commission, the U.S. and European governments, as well as Western NGOs, condemned the regime’s violent campaign of repression and called for the release of jailed opposition presidential candidates, hundreds of peaceful protestors, and some two dozen journalists covering the demonstrations. Moreover, cyber police shut down numerous internet and social networking sites. Repressive actions have continued, including raids on opposition party offices, NGOs, individual residences of activists and journalists, and independent media outlets by police and the KGB. Displaying his displeasure with the OSCE’s negative assessment of the elections, Lukashenka refused to extend the expiring mandate of the organization’s office in Minsk, effectively ousting the OSCE. The only other leader to order such an expulsion was Slobodan Milosevic. The development comes as neighboring Lithuania assumes the chairmanship of the Vienna-based 56-nation organization. Helsinki Commission staff were part of the OSCE Parliamentary Assembly’s contingent to the EOM, headed by Tony Lloyd, a member of the British Parliament. We observed the balloting and vote count in Minsk and Polotsk, a historic city located 120 miles north of the capital. Our election-day observations were consistent with those of the 450 other OSCE observers representing 44 participating States deployed throughout the country. The voting process was assessed as ‘good’ or ‘very good’ in the vast majority of observed polling stations, while the critical vote count was judged as ‘bad’ or ‘very bad’ in nearly half of the precincts observed, giving fresh currency to an adage attributed to Soviet leader Joseph Stalin: “It is not the votes that count, but who counts the votes.” The vote count in Novopolotsk was decidedly non-transparent as both international and domestic observers (virtually all of the latter appeared to be so-called GONGOs, or government organized non-governmental organizations) were kept far enough away from the table on which the votes were being counted, making it impossible to see how the ballots were marked. When queried several times by Commission staff as to the reason, the precinct chairman politely insisted that it was a decision that he and other members of the election commission had made on the pretext of preventing observers from “interfering” in the counting process. Meanwhile, at a polling station in Minsk, staff were allowed closer access to the vote count, though were prevented from seeing what was written on each ballot. With an ambiguous way of counting votes, those in attendance had little clue as to how the chairman of the election commission counted ballots. An outspoken domestic observer was subsequently voted out of the polling station by election commissioners because he was a “nuisance to the vote count.” While the run-up to the election had shown some procedural improvements and an easing of restrictions on normal political activity, the electoral machinery at every level remained firmly under the regime’s control. There were greater opportunities than in previous elections for candidates to speak on live television, and candidates were for the most part able to more freely meet with voters. This, however, did not translate into a level playing field for all candidates as the state-controlled media disproportionately favored Lukashenka. Very telling was the fact that only 0.26 percent of all precinct electoral commission members and 0.70 percent of territorial election commission members were from opposition political parties. Clearly, even the limited improvements did not lead to a free and fair outcome, with only the margin of Lukashenka’s victory to be announced. A December 20 statement issued by the White House, citing the critical OSCE assessment, stressed: “The United States cannot accept as legitimate the results of the presidential election announced by the Belarusian Central Election Commission” issued earlier the day. Even regime-sponsored exit polls contradicted the official CEC results, giving a lower percentage of the vote to Lukashenka and higher percentages to Andrei Sannikau and Uladzimir Nyaklyaeu, the leading opposition candidates who were victims of violence by the authorities and remain incarcerated along with several other contenders. Independent pollsters and analysts also gave Lukashenka far less of the vote than the nearly 80 percent he officially garnered, with some giving him less than the 50 percent of votes needed to avoid a second round against a single opposition candidate. Given the unconscionable crackdown and fraudulent elections, hopes and expectations for even limited progress with respect to democracy and human rights have been thwarted. Through his repressive and undemocratic actions, Lukashenka has shown that he will not tolerate meaningful reform and that he will do whatever it takes to maintain absolute power. This overarching imperative clearly trumps improved relations with the United States and especially the European Union which were in the offing prior to election day, and could have resulted in badly needed financial assistance. In a rambling two-and-a-half hour televised press conference the day after the election, Lukashenka belittled what he termed “mindless democracy” while boldly declaring his lack of fear. Despite his bravado, clearly the Belarusian leader fears the prospect of submitting to a vote in a genuinely free and fair electoral contest. Against the backdrop of a decade of rigged presidential and parliamentary elections and an illegal referendum, Belarus is regrettably no closer to restoring legitimacy to executive and legislative structures, and the prospects for meaningful change appear remote. To the detriment of the Belarusian people, the Lukashenka regime has, yet again, chosen the path of self-imposed isolation.
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article
Parliamentary Elections in Kyrgyzstan Set the Stage for a New Political System; Ethnic Tensions Remain a Key Obstacle to Stability
Monday, December 20, 2010By Janice Helwig and Shelly Han The OSCE concluded that although the October 10, 2010 elections in Kyrgyzstan were conducted peacefully – no small feat following the April 2010 revolution – and demonstrated a significant increase in pluralism as compared to previous elections, there remains an “urgent need for profound electoral legal reform.” Two Helsinki Commission staff members traveled to Kyrgyzstan to observe the election as part of the OSCE Parliamentary Assembly delegation and were deployed in the Osh and Kara-suu region. Although the staff experience was not inconsistent with the overall OSCE conclusion, Osh and the surrounding region appear to have had more problems during the election than other areas of the country. In June, the constitution had been changed through a referendum to give the parliament a stronger role than the President. The improvement in the conduct of the election may have been partly a result of that change in that, because of the new parliamentary system and the relatively large number of parties competing, no one party or group could manipulate the election nationwide (which appeared to have been the case in the 2009 presidential elections). In fact, the close result which divided parliamentary seats among several main parties was a good indicator of an open competition. Nevertheless, there were some problems at the local level, where there may have been attempts to influence the outcome. In the Osh and Kara-suu region, there appeared to be problems particularly with the voters list, the inking process, and the counting process. For example, in almost all the polling visited by Commission staff, about a third of those who had voted had added themselves to the additional list with just their ID. Other international observers reported similar findings. This would indicate that either the main voters list was extremely inaccurate, or something more problematic may have been going on. In one polling station, a man tried to add himself to the additional list but was turned down while the staff was present; he clearly was not satisfied and went back in to try again as they left. Another international observer in the neighboring Uzgen area reported the same pattern, but, suspiciously, only in polling stations easily accessible from the main road. According to the election law, the registration of any voter on the additional list should have been counterchecked and signed by an adviser or observer in the polling station, but that did not happen during the day. At the closing in one polling station, the Chairwoman had a colleague counter sign all 225 additions to the list. The inking procedure also appeared to be a problem. In theory, anyone adding themselves to the additional list should not have been able to vote anywhere else because of the use of invisible ink sprayed on each voter’s thumb. However, spraying and checking for ink in the polling stations appeared to be haphazardly conducted. Domestic observers had to stay in their chairs across the room and could not see whether the ink checker was effective. Moreover, when Commission staff asked people who had been inked earlier it the day to put their thumb under the light, little or no ink was visible. The ink seemed not to work all of the time, or perhaps to have washed off easily. There also were significant problems in processing protocols during the counting process in the Kara-suu district. At the district counting station, the halls and stairways were lined with polling station chairpersons busily erasing and refilling in their protocols. Protocols and stamps were strewn around everywhere. It may have been that the chairpersons were simply trying to get their numbers to add up properly so they would be accepted by Shailoo, the computerized vote-counting system. On the other hand, the numbers also could have been in the process of being changed to influence the outcome. Regardless of intent, last minute changes to protocols made unilaterally by chairpersons should not have been allowed as no observers were present and there were no controls in place to prevent fraud. Official turnout figures said that Osh had the highest voter turnout in the country, at about sixty-six percent. However, Commission staff did not see polling stations with a turnout higher than forty-five percent, nor did other international observers in the area. Interestingly, the turnout in ethnic Uzbek areas appeared to be about the same as in ethnic Kyrgyz areas. Many ethnic Uzbeks said they were “voting for peace,” although it was not clear whether that meant that moving forward with any new parliament would be positive, or if it meant that voting for a certain party would benefit ethnic Uzbeks. Some ethnic Uzbek community leaders had said prior to election day that most political parties had offered their communities money and/or infrastructure improvements in exchange for their votes. Ethnic tensions remain a concern Prior to election day, Commission staff were able to visit several of the Osh neighborhoods destroyed in the June violence, as well as one tent camp. The scale and scope of the destruction in ethnic Uzbek areas was enormous. And in mixed neighborhoods – for example near Shark – the house-by-house, business-by-business singling out of Uzbek-owned structures for destruction was clear. All of the victims staff spoke with appeared to be still afraid and did not see any future in Kyrgyzstan. All wanted to leave but did not have the means to do so. None wanted to go to Uzbekistan; rather they wanted to go to Russia or anywhere else where they might find economic opportunities. While rebuilding of homes was clearly progressing, the question of earning a living in the long term was an overwhelming concern. The divide between ethnic Uzbeks and ethnic Kyrgyz is wide and seems to be growing. Many ethnic Kyrgyz seem to genuinely believe that ethnic Uzbeks were responsible for the violence, and even burned down their own houses in an effort to get international attention. Kyrgyz media and the government seem to be reinforcing this message. If the region is to move forward and avoid future violence, there needs to be some mechanism for accountability and reconciliation. However, so far only ethnic Uzbeks have been arrested and put on trial, and the trials appear to have been unfairly conducted. Ethnic Uzbek defendants have been routinely attacked by ethnic Kyrgyz mobs during the trials, as have media representatives trying to report on the proceedings. In general, journalists and human rights defenders fear retaliation if they report on abuses against ethnic Uzbeks; as a result, there have been few voices speaking out. Standing in the ruins of his home, a man shows Commission staff the photo of his sister, who was killed during the violence in June. This ethnic divide is likely to fester unless something is done to build confidence between the main ethnic groups and provide economic opportunities for all. Moreover, disenfranchised youth could be vulnerable to recruitment by extremist organizations. The new government will face many challenges, not least addressing continuing ethnic tension in the south.
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hearing
The Western Balkans: Developments in 2010 and Hopes for the Future
Wednesday, December 08, 2010This hearing focused on the Western Balkans: Albania, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia. The witnesses commended the enormous progress that the region has made in the 15 years since the Dayton Agreement ended the Bosnian conflict and in the decade since Milosevic was ousted in Belgrade. The hearing discussed E.U. visa liberalization and U.S. democracy-building assistance programs to support further progress in the region. The Commissioners proposed that the U.S. government prioritize continuing the democratization effort in the Balkans.
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article
OSCE 2010 Informal Ministerial: Kazakhstan Persistence Earns a Summit in Astana
Monday, November 01, 2010By Winsome Packer Policy Advisor Kazakhstan hosted its long-sought OSCE Informal Ministerial in Almaty July 16-17, 2010, the realization of a key aim of its Chairmanship. A second important objective of the Kazakh Chairmanship: a summit on Kazakh soil during 2010, came closer to realization during the meeting. An Astana Summit would be the OSCE’s first since the 1999 Istanbul Summit, which yielded the Adapted Conventional Armed Forces Treaty. Early and persistent calls for “substance before summit” by the U.S. Delegation and other participating States had put in doubt both the informal ministerial and the summit for months. However, a number of the participating States argued for the high level attention to wide-spread security challenges in the OSCE region and the erosion of OSCE values in some quarters. Ten years after the last OSCE summit, they argued, necessitated a meeting of heads of states and governments to reaffirm the participating States’ commitment to the organization’s values and agree on a way forward to tackle the challenges confronting the region today. Thus, six months of, at times, heated informal Corfu dialogue on security challenges in the OSCE region, which was mandated by the Athens Ministerial Declaration, yielded more than 50 “food for thought” papers from the participating States, the Parliamentary Assembly, the OSCE Secretariat, the Partners for Cooperation, think tanks and non-governmental organizations. The thematic papers evolved into an Interim Report during June, which incorporated the proposals submitted within the Corfu Process. It formed the basis for the agenda at the Almaty Informal Ministerial and for the Summit which will be held in Astana December 1-2, 2010. The Almaty Informal Ministerial saw the participation of more than forty foreign ministers, including from the Russian Federation, France, Germany, Canada, Spain, Portugal, Poland, Georgia, Turkey, Austria, and Ukraine. The Parliamentary Assembly’s delegation included President Petros Efthymiou, and Secretary General Spencer Oliver. The U.S. delegation was headed by Deputy Secretary of State James Steinberg who, in a bilateral meeting with the Kazakhstanis on July 16, affirmed U.S. support for an OSCE summit this year. The joining of consensus on the summit decision by the United States elicited private expressions of relief from many delegates, and heightened expectations for the summit which would reflect the outcome of the Corfu Process: a declaration and an action plan. The Chair-in-Office requested that the OSCE delegations work toward these aims throughout the summer. During the meeting, delegates voiced support for the summit, to be held in Astana. A majority of the participating States urged OSCE support for Kyrgyzstan, in particular, through the deployment of a police mission. The United States and many delegates stated that the substance of the summit should be based upon the four proposals put forward by the European Union to: (1) bolster the OSCE’s capabilities in all three dimensions to promote early warning, conflict prevention and resolution, crisis management and post-conflict rehabilitation, including in relation to the protracted conflicts; (2) strengthen implementation and follow-up of OSCE norms, principles and commitments in particular, human dimension commitments covering human rights and fundamental freedoms, including freedom of the media; (3) enhance the conventional arms control framework, including confidence and security building measures, through updating the 1999 Vienna Document and the Conventional Forces in Europe Treaty); and (4) increase attention to transnational threats in all three OSCE dimensions. Some delegates also called for a summit to: focus on instability in Afghanistan; intensify efforts to resolve protracted conflicts in the region, and address nuclear terrorism and the proliferation of nuclear and weapons of mass destruction. The United States called for greater military transparency, implementation of human dimension commitments and addressing inter-ethnic conflict in Kyrgyzstan. The U.S. delegation also expressed support for the expeditous deployment of a police force to Kyrgyzstan and for an action plan for the future work of the participating States. In addition to supporting the European Union’s four summit process proposals, the United States also expressed support for a focus on Afghanistan. A Chair’s Perception Paper, resulting from the informal ministerial, incorporated these concerns. Russian Foreign Minister Sergei Lavrov reiterated Russia’s support for the summit “this year.” He urged the involvement of other regional and sub-regional leaders in addressing the Kyrgyzstan situation. He expressed hope that action would be taken on Russia’s proposal for a European Security Treaty (EST) and that it would not merely remain a “subject for discussion.” Lavrov said that the summit document should reflect the post Cold War situation and the security system that emerges should be “free of dividing lines.” He said that Russia was studying NATO’s response to the EST proposal and underlined that the summit should give strong, political impetus for supporting Kyrgyzstan. Concurrent with the Informal Ministerial, draft decisions on the holding of an OSCE summit during 2010 and draft decisions on the agenda and modalities of the summit and agenda and modalities for a review conference were circulated. The review conference would be held in Vienna, Warsaw, and Astana. Negotiations on the draft decisions began on July 19.
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article
The Future of an Efficient Eurasian Transit System Stopped Dead in Its Tracks? A Report on the 18th Economic and Environmental Forum and the Future of Central Asian Road and Rail Transport
Monday, August 02, 2010By Josh Shapiro, Staff Associate The 18th Economic and Environmental Forum (EEF) was held this year on May 24-26, 2010, in Prague, Czech Republic with the theme of promoting good governance at border crossings, improving the security of land transportation, and facilitating international transport by road and rail in the OSCE region. The Forum brought together 42 of the 56 OSCE participating States, four Partners for Cooperation, multiple international organizations including the United Nations Economic Commission for Europe (UNECE) and the International Road Transport Union (IRU), and several business, academic, and non-governmental organizations. The EEF is annually the central event of the Organization for Security and Cooperation in Europe’s economic and environmental activities. The Forum gives political impetus to dialogue in this area and provides recommendations for future follow-up activities. The EEF takes place in two parts, of which this meeting in Prague is the second; the first part was held on February 1-2, 2010 in Vienna, Austria. Two preparatory conferences for the Forum have also been held, the first in Astana, Kazakhstan on October 12-13, 2009 and the second in Minsk, Belarus on March 15-16, 2010. The 18th Economic and Environmental Forum in Review Transport is a crucial factor, not only between Asia and Europe, but around the world. The need for simplified systems, which can cut down transit times and costs for products, will enable countries to thrive from the revenue and job creation that it possesses to affected countries. Along with these positive factors comes the downside of such a new system. More corruption, environmental pollution, and the need for more security measures will all become new factors. The road to implementation of a fully integrated Eurasian transit system will be long and tough. A slew of major bumps along the way will surely slow the progress of long-term execution, which includes, but is not limited to, revising visa and customs procedures, rule of law issues between neighboring countries, smuggling of weapons and drugs, human trafficking concerns, and private and public sector corruption. Concerns about the increase of prices of goods due to delays from the aforementioned issues and improving customs systems have arisen, given that many neighboring countries have complex differences between them. Enhancement of cooperation between these participating States will be a critical test to the vitality of this proposed transit network and whether it will survive the many problems it faces. Prospects for the further development of efficient and secure transit transportation between Asia and Europe Improving Eurasian transport links can promote mutual economic growth and help overcome the current global economic recession. Further development will help facilitate positive partnerships between participating States, and will help stabilize the region. Additionally, landlocked countries will benefit greatly from the new trade routes built with their neighboring transit countries. The current state of transport links is in dire need of improvement. According to Russian Railways, building a 1520 millimeter gauge railway in Slovakia from Bratislava to Vienna, as well as associated logistics infrastructure, may be a breakthrough in developing the transport link from Europe through Central Asia to China. This proposed railway will attract freight traffic from numerous countries including Austria, Slovakia, the Czech Republic, Hungary, Germany, Switzerland, Italy, Slovenia, Serbia and Croatia. By building a new system, it will take approximately one-third of the transit time currently in place, helping move current maritime transport practices to more efficient and cost-effective road and rail transport. Rises in global economy are determined by transport, energy, climate, and water security. Building a new ground system will not, however, provide for a perfect method of transport, as an infrastructure without security is useless. Review of the implementation of OSCE commitments in the economic and environmental dimension The United Nations Economic Commission for Europe (UNECE) prepared a Review Report focused on the facilitation of international transport and the security of inland transport. In the report, there is discussion of the many challenges that an integrated Eurasian transport system faces. For example, road traffic safety, border crossing challenges, capacity and quality of road and rail infrastructure are just a few of the obstacles. There must be a shift from a national transit perspective to a regional perspective. Once integrated, there must be a shift from a regional to an inter-continental approach. Additional challenges include a development gap between countries, as some do not have the resources to build such an infrastructure. Investment in transport is a question of priority within a country, as some give precedence to other issues, regardless of what a neighboring participating State might do. CO2 abatement, traffic safety, and trade and transport facilitation need to be compared to security concerns. The lack of a current unified rail law is a major issue, and land transport security is currently well underestimated. According to the UNECE, road safety should be given priority when looking at security issues. In fact, more people have been killed since World War II on the roads than in the War itself. Currently, road and rail networks are not integrated fully, especially in Central Asia, and the need for an adequate and coherent system will be challenging. According to Ms. Eva Monár of UNECE, inland water transport is currently operable; however, efficient integration into the modern day system is lacking because not all countries border a body of water. The environmental impact of an expansion is of major concern, as air pollution causes health hazards and harms our atmosphere. The need for more efficient ‘green’ vehicles is recommended in some UNECE countries, as well as proposed paths around urban areas, reducing noise nuisance and smog. Promoting Good Governance in International Transportation and at Border Crossings Many barriers are faced in international transportation, including issues at border crossings. Approximately 40% of transit time is lost at border crossings as a result of bad governance and the lack of a simplified visa and customs process. Based off of numerous presentations, the need for cooperation between countries is a must and a proactive approach must be made. Procedures need to be modified so that freight traffic can move in a secure and regulated manner, and contractual frameworks need to be in place for joint liability between carriers and its customers. According to the International Rail Transport Committee (CIT), the OSCE could also play a role in locating and identifying efficient trade routes and motivate participating States to conduct pilot projects to check for potential issues. An example was given at the Forum of a demonstration train that the Economic Cooperation Organization (ECO) ran from Islamabad, Pakistan to Istanbul, Turkey in the fall of 2009. The run proved to potential private investors to take another look at its promise for faster and efficient trade, and this example particularly demonstrated the importance of political will from the States that took part. Regarding customs issues, The Arusha Declaration, adopted by the World Customs Organization in 1993 and revised in 2003, outlines a way forward to enhance integrity in the Customs environment. The revised Kyoto Convention is also key to implement, which harmonizes the customs clearing process. The major concern is the lack of integrity within the customs community and the strong need for governments to be fully committed to reduce corruption. For example, according to a representative of Azerbaijan, modernization of its procedures is already taking place and the amount of waiting time during its customs process has decreased ten-fold. Simplifying the documentation system and implementing a single window structure is the key, as well as training border patrol agents correctly on following up-to-date procedures. The United Nations Conference on Trade and Development suggests that the implementation of existing conventions should be given priority and that public-to-public and public-to-private sector relations are both very important. The Rotterdam Rules were brought up, which were the result multilateral negotiations that took place within the United Nations Commission on International Trade Law for seven years starting in 2002. The Convention, signed by 21 countries including the United States, describes who is responsible and liable for what, and brings clarity under a single contract of carriage. Ireland, which will chair the OSCE in 2012, noted that the EU’s single window market took more than 40 years to implement and the longer term benefit of such a system far outweighs the potential loss of sifting through free trade agreements. Transport facilitation and Security in Central Asia and with Afghanistan Afghanistan currently faces numerous challenges when trading with its neighboring countries and the world. According to Mr. Ziauddin Zia, Adviser to the Minister of Commerce and Industry of Afghanistan, the obstacles include implementing second-generation policy reforms, the exorbitant cost of doing business, a weak-knowledge economy, and poor infrastructure. Tremendous progress has been made in Afghanistan, though, which has recently been torn with violence and corruption. There was a mention by Mr. Zia of the ‘World Bank’s Doing Business’ report, which lists economies on their ease of doing business, of which Afghanistan is ranked last out of 183 countries for the ease of trading across its borders. Poor road conditions hinder efficient trade, and the lack of access to Central Asia by rail limits the possibility of trade with neighboring States. In the long term, if reform in Afghanistan can be achieved in such challenging conditions, other countries can certainly do it as well. Mr. Thomas M. Sanderson, Deputy Director and Senior Fellow at the Center for Strategic and International Studies (CSIS), stressed the economic significance and geopolitical importance of Afghanistan due to its strategic location as the land bridge between the subcontinent, Central Asian states, and the Persian Gulf. Legal frameworks and capacity building through the OSCE could place an added value to the region as well. The Impact of Transportation on Environment and Security Many risks are associated with transcontinental transport, including shipping hazardous waste and dangerous goods. There was a focus on many instances where these materials are shipped through non-EU countries, which do not have to adhere to guidelines already in place. The need to adopt legislation for a single method system to then work with prior European legislation was a discussion topic, as well as the need for construction of secure railcars and subsequently a study of accident prevention. International training of monitoring personnel and trainers were brought to light, and the idea of translating more training manuals was suggested. Unfortunately, security is a major factor that is holding up talks to build an intercontinental rail transport system. Air transport is now secure but rail is certainly not. There are countless access points to terrorize a rail system, as opposed to scanning cargo and passengers in a secure arena such as an airport. Initial costs may increase to prevent terrorism and provide a more secure system, but the long-term economic benefits will make the venture worthwhile. Specific Transport Security Aspects and the Role of the OSCE The importance of land versus maritime transportation is quite evident, as virtually all freight is carried on roads at some point throughout the shipping-to-receiving process. The security aspect of land transportation is much more complex than that of sea, as there is much more potential of terrorist acts being carried through over such a vast area. Some argue, though, that there is an unwillingness of governments to compromise sovereignty in favor of international frameworks and measures. Enhancing inland transport security is key, though currently it appears to be under-protected, especially in the international law perspective. ‘Good practice’ sharing is an effective and inexpensive way to enhance transport security. The United Nations Economic Commission for Europe has organized an ‘Inland Transport Security Discussion Forum’ to provide dialogue on inland transport security issues. The threat of weapons of mass destruction remains but the need to focus on those areas in which cargo is relatively harder to protect is crucial. Closed methods of transport, including aviation (100% passenger and luggage screening) and maritime transport (almost 100% container scanning), might currently be used for global transit, though more of a look into inland transit needs to take effect. Inland transit remains open and accessible to security threats, and design safety standards on railcars and cargo vehicles need to improve. Current financial uncertainty will place greater scrutiny on the decision-making process, especially in the aspect of security. A look at history and past events, such as the Madrid, London, and Russian train bombings, will need to be integrated into the managerial process; however, there is no existing model that fully meets the need of a counter-terrorism security appraisal. Follow-up to the 18th Economic and Environmental Forum The Eighteenth Economic and Environmental Forum is a clear example that the OSCE is taking efforts to provide dialogue to facilitate and secure road and rail transportation, and an effective Eurasian transport system will be a long-term undertaking. Cooperation from neighboring countries and the perseverance of its people to one day be a part of a larger system than just their own will lead to lower overall priced goods and more security for its citizens. The U.S. welcomes further discussion by Kazakhstan, the current Chair-in-Office of the OSCE, of trade and transport ideas at the upcoming OSCE summit, as Kazakhstan is a land-locked country and could reap significant benefits from freer regional trade. Subsequent peace and stability would have a profound effect in the region, especially in Afghanistan where trade is hindered by corruption and the lack of efficient infrastructure. Although many agreements between participating States exist, overcoming the political and economic hurdles to effective implementation will remain the key impediment to success.
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article
Copenhagen Anniversary Conference
Tuesday, July 27, 2010By Orest Deychakiwsky, Policy Advisor Representatives from a majority of the 56 OSCE participating States and several dozen non-governmental organizations (NGOs) gathered in Copenhagen on June 10-11 to mark the 20th anniversary of the adoption of the 1990 Copenhagen Document and to assess implementation of key provisions of that landmark document. The anniversary conference, titled “20 years of the OSCE Copenhagen Document: Status and Future Perspectives,” was co-organized by the Kazakhstani OSCE Chairmanship and Denmark, and held at the Eigtveds Pakhus, Danish Ministry of Foreign Affairs. Michael Haltzel led the U.S. delegation, which was joined by U.S. Ambassador to the OSCE, Ian Kelly and representatives from the OSCE Mission in Vienna, the State Department and the Helsinki Commission. Five substantive working sessions, reflecting some of the major themes of the groundbreaking Copenhagen Document, were held: Democratic processes – elections and human rights; Rule of Law; National Minorities; Freedom of Movement; and Measures to improve implementation of the human dimension commitments. Many speakers highlighted the historic importance of the Copenhagen Document, which offered a blueprint for pluralistic democratic development, rooted in the rule of law and protection of human rights, throughout the OSCE region – a revolutionary document at the time and one that remains highly relevant two decades later. The June 1990 Copenhagen Meeting came at a unique time in history when dramatic changes were taking place; the fall of the Berlin Wall and subsequent collapse of one-party regimes in Eastern Europe had taken place only months earlier. And the following year – 1991 -- witnessed the emergence of 15 independent states with the dissolution of the Soviet Union. Truly, those were dynamic days during which sweeping new commitments -- which would have been impossible to garner consensus for years or even months prior -- received universal support. Indeed, it is questionable as to whether consensus to the Copenhagen agreement would be found today, given the democratic and human rights backsliding that has occurred in a number of participating States. The Copenhagen Document underlines the centrality of political pluralism, civil society and human rights as fundamental elements of functioning democracies. As Ambassador Max Kampelman, the head of the U.S. delegation to the 1990 conference summed it up, “In effect, the Copenhagen document represents the first formal proclamation, by the States themselves, of a Europe both whole and free.” It identified the protection of human rights and fundamental freedoms as one of the basic purposes of government and acknowledged that democracy is an inherent element of the rule of law. Among the achievements of the Copenhagen Document were the far-reaching commitments on democratic elections which laid the groundwork for the OSCE’s future activities with respect to election observation. Copenhagen also represented a significant step forward with respect to the protection of minorities, and for the first time there was a direct reference to Roma and to anti-Semitism. While participants at the anniversary meeting underscored the significant progress over the last 20 years, many also called for fuller compliance with the Copenhagen commitments, noting, for instance, backsliding in holding democratic elections in some participating States; suppression of civil society, including independent media, NGOs and human rights defenders; the deficit of impartial and independent justice; and the lack of separation of powers – especially the concentration of power in the executive. The last session of the conference discussed measures to improve implementation of human dimension commitments, including the prevention of human rights violations through the use of reporting before the violations occur; enhancement of standards and commitments; strengthened monitoring mechanisms, including a U.S. proposal to dispatch special representatives to investigate reports of egregious human rights violations and make corrective recommendations before the violations become entrenched; and improved cooperation with, and involvement of, civil society actors in advancing democracy, human rights and the rule of law. Ultimately, however, compliance with existing standards enshrined in the Copenhagen Document, the Helsinki Final Act and all other OSCE commitments remains the primary responsibility of the participating State.
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statement
OSCE Parliamentary Assembly Session in Oslo
Friday, July 16, 2010Mr. CARDIN. Mr. President, I want to report on the activities of a bicameral, bipartisan congressional delegation I had the privilege to lead last week as chairman of the Helsinki Commission. The purpose of the trip was to represent the United States at the 19th Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, otherwise known as the OSCE PA. The annual session this year was held in Oslo, Norway, and the U.S. delegation participated fully in the assembly's standing committee, the plenary sessions, the three general committees and numerous side events that included discussion of integration in multiethnic societies and addressing gender imbalances in society. Although some last-minute developments at home compelled him to remain behind, our colleague from the other Chamber, Mr. Alcee Hastings of Florida, was present in spirit as the deputy head of the delegation. Mr. Hastings, who co-chairs the Helsinki Commission, was very active in the preparations for the trip, and his legacy of leadership in the OSCE PA--for over a decade--is tangible in the respect and goodwill afforded the United States during the proceedings. Our assistant majority leader, Mr. Durbin of Illinois, joined me on the trip, as he did last year. Our colleague from New Mexico who serves as a fellow Helsinki Commissioner, Mr. Udall, also participated. Helsinki Commissioners from the other Chamber who were on the delegation include Mr. Christopher Smith of New Jersey, serving as the ranking member of the delegation, as well as Mrs. Louise McIntosh Slaughter of New York, and Mr. Robert Aderholt of Alabama. Although not a member of the Helsinki Commission, Mr. Lloyd Doggett of Texas has a longstanding interest in OSCE-related issues and also participated on the delegation. As many of you know, the OSCE Parliamentary Assembly was created within the framework of the OSCE as an independent, consultative body consisting of over 300 Parliamentarians from virtually every country in Europe, including the Caucasus, as well as from Central Asia, and the United States, and Canada. The annual sessions are held in late June/early July as the chief venue for debating issues of the day and issuing a declaration addressing human rights, democratic development and the rule of law; economic cooperation and environmental protection; and confidence building and security among the participating states and globally. This active congressional participation helps ensure that matters of interest to the United States are raised and discussed. Robust U.S. engagement has been the hallmark of the Parliamentary Assembly since its inception nearly 20 years ago. The theme for this year's annual session was ``Rule of Law: Combating Transnational Crime and Corruption.'' In addition to resolutions for each of the three general committees, delegations introduced a total of 35 additional resolutions for consideration, a record number, including 4 by the United States dealing with: Nuclear security , which followed up directly on the Nuclear Summit here in Washington in April; The protection of investigative journalists, a critical human rights issue as those who seek to expose corruption are targeted for harassment or worse; Mediterranean cooperation, building on the OSCE partnerships to engage important countries in North Africa and the Middle East; and Combating the demand for human trafficking and electronic forms of exploitation, a longstanding Helsinki Commission issue requiring persistence and targeted action. U.S. drafts on these relevant, important topics received widespread support and were adopted with few if any amendments. Beyond these resolutions, the United States delegation also undertook initiatives in the form of packages of amendments to other resolutions. These initiatives addressed: The needs of the people of Afghanistan in light of the smuggling and other criminal activity which takes place there. The struggle for recovery stability and human rights in Kyrgyzstan, which is an OSCE state in the midst of crisis. And Manifestations of racism and xenophobia that have become particularly prevalent in contemporary Europe. A critical U.S. amendment allowed us generally to support a French resolution that usefully addressed issues relating to the closure of the detention facility in Guantanamo Bay. Still other amendments coming from specific members of the U.S. Delegation covered a wide range of political, environmental and social issues relevant to policymakers. My colleagues and I were also active in the successful countering of amendments that would have steered resolutions on the Middle East and on the future of the OSCE multilateral diplomatic process in directions contrary to U.S. policy. Beyond the consideration of the resolutions which now comprise the Oslo Declaration, the annual session also handled some important affairs for the OSCE PA itself. These, too, had relevance for U.S. policy interests: the American serving as OSCE PA Secretary General, Spencer Oliver, was reappointed to a new 5-year term; a modest--and for the third fiscal year in a row--frozen OSCE PA budget of about $3 1/2 million was approved that requires continued and unparalleled efficiency in organizing additional conferences, election observation missions, and various other activities that keep the Parliamentary Assembly prominently engaged in European and Central Asian affairs; in addition to my continued tenure as a vice president in the Parliamentary Assembly, Mr. Aderholt of Alabama was reelected as the vice chair of the general committee dealing with democracy, human rights, and humanitarian questions which ensures strong U.S. representation in OSCE PA decision-making; and a Greek parliamentary leader defeated a prominent Canadian senator in the election of a new OSCE PA president, following a vigorous but friendly campaign that encouraged the assembly to take a fresh look at itself and establish a clearer vision for its future. While the congressional delegation's work focused heavily on representing the United States at the OSCE PA, we tried to use our presence in Europe to advance U.S. interests and express U.S. concerns more broadly. The meeting took place in Norway, a very close friend and strong, long-time ally of the United States of America. In discussions with Norwegian officials, we expressed our sorrow over the recent deaths of Norwegian soldiers in Afghanistan. We also shared our concerns about climate change and particularly the impact global warming has on polar regions Indeed, on our return we made a well-received stop on the archipelago of Svalbard, well north of the Arctic Circle, to learn more about the impact firsthand, from changing commercial shipping lanes to relocated fisheries to ecological imbalance that make far northern flora and fauna increasingly vulnerable. The delegation also visited the Svalbard Global Seed Vault, a facility that preserves more than 525,000 types of seeds from all over the world as a safeguard for future crop diversity, and took the opportunity to donate additional U.S. seeds to the collection. Norway is located close to a newer, but also very strong, ally with close ties to the United States, Estonia. Since last year's delegation to the OSCE PA Annual Session went to Lithuania and included Latvia as a side trip, I believed it was important to utilize the opportunity of returning to northern Europe to visit this Baltic state as well. While some remained in Oslo to represent the United States, others traveled to Tallinn, where we had meetings with the President, Prime Minister, and other senior government officials, visited the NATO Cooperative Cyber-Defense Center of Excellence and were briefed on electronic networking systems that make parliament and government more transparent, efficient and accessible to the citizen. Estonia has come a long way since it reestablished its independence from the Soviet Union almost 20 years ago, making the visit quite rewarding for those of us on the Helsinki Commission who tried to keep a spotlight on the Baltic States during the dark days of the Cold War. During the course of the meeting, the U.S. delegation also had bilateral meetings with the delegation of the Russian Federation and a visiting delegation from Kyrgyzstan to discuss issues of mutual concern and interest. U.S. engagement in the OSCE Parliamentary Assembly sends a clear message to those who are our friends and to those who are not that we will defend U.S. interests and advance the causes of peace and prosperity around the world.
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hearing
A Decade of the Trafficking in Persons Report
Wednesday, July 14, 2010Senator Benjamin L. Cardin convened a standing-room only hearing centered on the diplomatic impact of the Trafficking in Persons (TIP) Report. The hearing focused on the ten years that the annual TIP report has been prepared by the State Department. Improvements to TIP-related efforts were suggested, such as working more closely with the Tier 2 Watch List countries in the OSCE Region, – Azerbaijan, Moldova, the Russian Federation, Tajikistan, Turkmenistan, and Uzbekistan – helping them to implement the changes necessary to meet the minimum standards and to avoid statutory downgrades which will otherwise be required in next year’s TIP report. Witnesses testifying at this hearing – including Luis CdeBaca, Ambassador at Large of the U.S. Department of State Office to Monitor and Combat Trafficking in Persons; Maria Grazia Giammarinaro, Special Representative and Coordinator for Combating Trafficking in Human Beings of the Organization for Security and Cooperation in Europe; Jolene Smith, CEO & Co-Founder of Free the Slaves; and Holly J. Burkhalter, Vice President for Government Relations of the International Justice Mission – explored ways to potentially create extra-territorial jurisdiction for trafficking cases. They also focused on ways to deter demand for trafficking victims in all countries, including Tier 1 countries.
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hearing
Global Threats, European Security and Parliamentary Cooperation
Wednesday, June 16, 2010From nuclear security to climate change, global terrorism to anti-corruption efforts, this hearing examined what parliamentarians can do to work together on some of the most significant challenges facing the world. Members addressed European and Central Asian security concerns, including unresolved conflicts in the Balkans and elsewhere, and considered how international parliaments can cooperate to address challenges related to trafficking, tolerance, and democratic development, including elections and media freedom.
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statement
OSCE Representative Cites Threats to Free Media
Wednesday, June 09, 2010Mr. HASTINGS of Florida. Madam Speaker, as Co-Chairman of the Helsinki Commission, I wish to draw the attention of colleagues to the timely and informative testimony of the OSCE Representative on Freedom of the Media, Dunja Mijatovic, who testified earlier today at a Commission hearing on ``Threats to Free Media in the OSCE Region.'' She focused on various threats to journalists and independent media outlets, including physical attacks and adoption of repressive laws on the media as well as other forms of harassment. Most troubling is the murder of journalists because of their professional activities. According to the U.S.-based Committee to Protect Journalists, 52 journalists have been killed in Russia alone since 1992, many reporting on corruption or human rights violations. Ms. Mijatovic also flagged particular concern over existing and emerging threats to freedom on the Internet and other communications technologies. She also voiced concern over the use of criminal statutes on defamation, libel and insult which are used by some OSCE countries to silence journalists or force the closure of media outlets. With respect to the situation in the United States, she urged adoption of a shield law at the federal level to create a journalists' privilege for federal proceedings. Such a provision was part of the Free Flow of Information Act of 2009, which passed the House early in the Congress and awaits consideration by the full Senate. As one who has worked to promote democracy, human rights and the rule of law in the 56 countries that comprise the OSCE, I share many of the concerns raised by Ms. Mijatovic in her testimony and commend them to colleagues. ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE REPRESENTATIVE ON FREEDOM OF THE MEDIA (By Dunja Mijatovic) [From the Helsinki Commission Hearing on the Threats to Free Media in the OSCE Region, June 9, 2010] Dear Chairmen, Distinguished Commissioners, Ladies and Gentlemen, I am honored to be invited to this hearing before the Helsinki Commission at the very beginning of my mandate. I feel privileged to speak before you today. The Helsinki Commission's welcoming statement issued on the day of my appointment is a clear manifestation of the strong support you continuously show toward the work of this unique Office, and I assure you, distinguished Commissioners, that this fact is very much appreciated. It will be three months tomorrow since I took office as the new Representative on Freedom of the Media to the OSCE. Even though three months may sound short, it has proved more than enough to gain a deep insight, and unfortunately also voice concerns, about the decline of media freedom in many of the 56 countries that today constitute the OSCE. Although the challenges and dangers that journalists face in our countries may differ from region to region, one sad fact holds true everywhere: The freedom to express ourselves is questioned and challenged from many sides. Some of these challenges are blatant, others concealed; some of them follow traditional methods to silence free speech and critical voices, some use new technologies to suppress and restrict the free flow of information and media pluralism; and far too many result in physical harassment and deadly violence against journalists. Today, I would like to draw your attention to the constant struggle of so many institutions and NGOs around the world, including your Commission and my Institution, to combat and ultimately stop violence against journalists. I would also like to address several other challenges that I want to place in the center of my professional activities, each of which I intend to improve by relentlessly using the public voice I am now given at the OSCE. Let me first start with violence against journalists. Ever since it was created in 1997, my Office has been raising attention to the alarming increase of violent attacks against journalists. Not only is the high number of violent attacks against journalists a cause for concern. Equally alarming is the authorities' far too-prevalent willingness to classify many of the murders as unrelated to the journalists' professional activities. We also see that more and more often critical speech is being punished with questionable charges brought against the journalists. Impunity of perpetrators and the responsible authorities' passivity in investigating and failing to publicly condemn these murders breeds further violence. There are numerous cases that need to be raised over and over again. We need to continue to loudly repeat the names of these courageous individuals who lost their lives for the words they have written. I am sorry for all those whom I will not mention today; but the names that follow are on the list that I call ``the Hall of Shame'' of those governments that still have not brought to justice the perpetrators of the horrifying murders that happened in their countries. The most recent murder of a journalist in the OSCE area is the one of the Kyrgyz opposition journalist Gennady Pavlyuk (Bely Parokhod), who was killed in Kazakhstan in December last year. It gives me hope that the new Interim Government of Kyrgyzstan has announced to save no efforts to bring the perpetrators to justice, as well as those involved in the 2007 murder of Alisher Saipov (Siyosat). The Russian Federation remains the OSCE participating State where most members of the media are killed. Paul Klebnikov (Forbes, Russia), Anna Politkovskaya (Novaya Gazeta), Anastasia Baburova (Novaya Gazeta), are the most reported about, but let us also remember Magomed Yevloyev (Ingushetiya), Ivan Safronov (Kommersant), Yury Shchekochikhin (Novaya Gazeta), Igor Domnikov (Novaya Gazeta), Vladislav Listyev (ORT), Dmitry Kholodov (Moskovsky Komsomolets) and many others. We also should not forget the brutal murders of the following journalists, some remain unresolved today: Hrant Dink (Agos) Armenian Turkish journalist was shot in 2007 in Turkey. Elmar Huseynov (Monitor) was murdered in 2005 in Azerbaijan. Georgy Gongadze (Ukrainskaya Pravda) was killed in 2000 in Ukraine. In Serbia, Slavko Curuvija (Dnevni Telegrat) was murdered in 1999, and Milan Pantic (Vecernje Novosti) was killed in 2001. In Montenegro, Dusko Jovanovic (Dan), was shot dead in 2004. In Croatia, Ivo Pukanic (Nacional) and his marketing director, Niko Franjic, were killed by a car bomb in 2008. Violence against journalists equals violence against society and democracy, and it should be met with harsh condemnation and prosecution of the perpetrators. There can be no improvement without an overhaul of the very apparatus of prosecution and law enforcement, starting from the very top of the Government pyramid. There is no true press freedom as long as journalists have to fear for their lives while performing their work. The OSCE commitments oblige all participating States to provide safety to these journalists, and I will do my best to pursue this goal with the mandate I am given and with all professional tools at my disposal. We also observe another very worrying trend; more and more often the imprisonment of critical journalists based on political motivations including fabricated charges. Let me mention some cases: In Azerbaijan, the prominent editor-in-chief of the now-closed independent Russian-language weekly, Realny Azerbaijan, and Azeri-language daily, Gundalik Azarbaycan, Eynulla Fatullayev was sentenced in 2007 to a cumulative eight-and-a-half years in prison on charges on defamation, incitement of ethnic hatred, terrorism and tax evasion. The European Court of Human Rights (ECtHR) found Azerbaijan in violation of Article 10 and Article 6, paragraphs 1 and 2 of the European Convention on Human Rights, so there is only one possible outcome--Fatullayev should be immediately released. In Kazakhstan, Ramazan Yesergepov, the editor of Alma-Ata Info, is serving a three-year prison term on charges of disclosing state secrets. Emin Milli and Adnan Hajizade, bloggers from Azerbaijan, are serving two and a half years and two years in prison respectively since July 2009 on charges of hooliganism and infliction of light bodily injuries. In Uzbekistan, two independent journalists, Dilmurod Saiid (a freelancer) and Solijon Abdurahmanov (Uznews), are currently serving long jail sentences (twelve-and-a-half-years and ten years) on charges of extortion and drug possession. I will continue to raise my voice and demand the immediate release of media workers imprisoned for their critical work. I join Chairman Cardin for commending independent journalists in the Helsinki Commission's recent statement on World Press Freedom Day. These professionals pursue truth wherever it may lead them, often at great personal risk. They indeed play a crucial and indispensable role in advancing democracy and human rights. By highlighting these murder and imprisonment cases, by no means do I intend to neglect other forms of harassment or intimidation that also have a threatening effect on journalists. Let me just recall that, with the heightened security concerns in the last decade, police and prosecutors have increasingly raided editorial offices, journalists' homes, or seized their equipment to find leaks that were perceived as security threats. Suppression and restriction of Internet Freedom Turning to the problems facing Internet freedom, we can see that new media have changed the communications and education landscape in an even more dramatic manner than did the broadcast media in the last half century. Under my mandate, the challenge has remained the same: how to safeguard or enhance pluralism and the free flow of information, both classical Helsinki obligations within the OSCE. It was in 1998 that I read the words of Vinton G. Cerf in his article called ``Truth and the Internet''. It perfectly summarizes the nature of the Internet and the ways it can create freedom. Dr. Cerf calls the Internet one of the most powerful agents of freedom: It exposes truth to those who wish to see it. But he also warns us that the power of the Internet is like a two-edged sword: it can also deliver misinformation and uncorroborated opinion with equal ease. The thoughtful and the thoughtless co-exist side by side in the Internet's electronic universe. What is to be done, asks Cerf. His answer is to apply critical thinking. Consider the Internet as an opportunity to educate us all. We truly must think about what we see and hear, and we must evaluate and select. We must choose our guides. Furthermore, we must also teach our children to think more deeply about what they see and hear. That, more than any electronic filter, he says, will build a foundation upon which truth can stand. Today, this foundation upon which truth could indeed so firmly stand is under continuous pressure by governments. As soon as governments realized that the Internet challenges secrecy and censorship, corruption, inefficiency and bad governing, they started imposing controls on it. In many countries and in many ways the effects are visible and they indeed threaten the potential for information to circulate freely. The digital age offers the promise of a truly democratic culture of participation and interactivity. Realizing that promise is the challenge of our times. In the age of the borderless Internet, the protection of the right to freedom of expression ``regardless of frontiers'' takes on a new and more powerful meaning. In an age of rapid technological change and convergence, archaic governmental controls over the media are increasingly unjust, indefensible and ultimately unsustainable. Despite progress, many challenges remain, including the lack of or poor quality of national legislation relating to freedom of information, a low level of implementation in many OSCE member states and existing political resistance. The importance of providing free access for all people anywhere in the world cannot be raised often enough in the public arena, and cannot be discussed often enough among stakeholders: civil society, media, as well as local and international authorities. Freedom of speech is more than a choice about which media products to consume. Media freedom and freedom of speech in the digital age also mean giving everyone--not just a small number of people who own the dominant modes of mass communication, but ordinary people, too--an opportunity to use these new technologies to participate, interact, build, route around and talk about whatever they wish--be it politics, public issues or popular culture. The Internet fundamentally affects how we live. It offers extraordinary opportunities for us to learn, trade, connect, create and also to safeguard human rights and strengthen democratic values. It allows us to hear each other, see each other and speak to each other. It can connect isolated people and help them through their personal problems. These rights, possibilities and ideals are at the heart of the Helsinki Process and the OSCE principles and commitments that we share. We must find the best ways to spread access to the Internet, so that the whole world can benefit from what it can offer, rather than increasing the existing gaps between those who have access to information and those who do not. And to those governments who fear and distrust the openness brought along by the Internet, let me emphasize over and over again: The way a society uses the new communications technologies and how it responds to economic, political and cultural globalization will determine the very future of that society. Restrict access to information, and your chances to develop will become restricted. Open up the channels of free communication, and your society will find ways to prosper. I was delighted to hear Secretary of State Clinton speak about a basic freedom in her January speech on Internet freedom in the ``Newseum''. This freedom is the freedom to connect. Secretary Clinton rightly calls this freedom the freedom of assembly in cyber space. It allows us to come together online, and shape our society in fundamental ways. Fame or money is no longer a requisite to immensely affect our world. My office is rapidly developing a comprehensive strategy to identify the main problems related to Internet regulation in the 56 countries of the OSCE, and ways to address these issues. I will count on the support of the Helsinki Commission to advance the universal values that this strategy will attempt to extend to those countries where these values are still being questioned. Let me also mention the importance to protect the freedom of other new technologies. Only two weeks ago, my Office organized the 12th Central Asia Media Conference in Dushanbe, Tajikistan, where media professionals from all five Central Asian countries adopted a declaration on access to information and new technologies. This document calls on OSCE governments to facilitate the freer and wider dissemination of information, including through modern information and communication technologies, so as to ensure wide access of the public to governmental information. It also reiterates that new technologies strengthen democracy by ensuring easy access to information, and calls upon state institutions with legislative competencies to refrain from adopting new legislation that would restrict the free flow of information. And only this spring my Office published a guide to the digital switchover, to assist the many OSCE countries where the switch from analogue to digital will take place in the next five years. The aim of the guide is to help plan the digitalization process, and help ensure that it positively affects media freedom, as well as the choice and quality available to the audience. Besides advocating the importance of good digitalization strategies, I will also use all available fora to raise attention to the alarming lack of broadcast pluralism, especially television broadcast pluralism, in many OSCE countries. As television is the main source of information in many OSCE regions, we must ensure that the laws allow for diverse, high-quality programs and objective news to easily reach every one of us. Only well-informed citizens can make good choices and further democratic values. Whether we talk about Internet regulation, inventive ways to switch to digital while preserving the dominance of a few selected broadcasters, attempts to limit access to information or broadcast pluralism, we must keep one thing in mind: No matter what governments do, in the long run, their attempts to regulate is a lost battle. People always find ways to obtain the rights that are denied to them. History has shown this over and over again. In the short run, however, it is very clear that I will intervene with governments which try to restrict the free flow of information. Defamation Similar to fighting violence against journalists, my Office has been campaigning since its establishment in 1997 to decriminalize defamation and libel in the entire OSCE region. Unfortunately, in most countries, defamation is still punishable by imprisonment, which threatens the existence of critical speech in the media. This is so despite the consistent rulings of the European Court of Human Rights in Strasbourg, stating that imprisonment for speech offences, especially when committed by criticizing public figures, is a disproportionate punishment. Let us again remind ourselves of the journalists and bloggers I have mentioned above when discussing violence against journalists. They are currently in prison because their writing was considered defamatory. Their fate reminds us all of the importance of the right to freely speak our mind. This problem needs urgent reform not only in the new, but also in the old democracies of the OSCE. Although the obsolete criminal provisions have not been used in Western Europe for decades, their ``chilling effect'' remained. Furthermore, the mere existence of these provisions has served as a justification for other states that are unwilling to stop the criminalization of journalistic errors, and instead leave these offenses solely to the civil-law domain. Currently, defamation is a criminal offence in all but ten OSCE countries--my home country Bosnia and Herzegovina, Cyprus, Estonia, Georgia, Ireland, Moldova, Romania, Ukraine, the United Kingdom and the United States. Last year, three OSCE countries decriminalized defamation, which I consider to be an enormous success: Ireland, Romania and the United Kingdom; the last being the first among the Western European participating States to officially decriminalize defamation. Some other countries, such as Armenia, are currently reforming their defamation provisions, and I hope that I can soon welcome the next country that carries out this important and very long overdue reform. Concluding remarks Dear Chairmen, Dear Commissioners, Ladies and Gentlemen, The above problematic areas--violence against journalists, restrictions of new media including the Internet, lack of pluralism and resistance to decriminalize defamation--are among the most urgent media freedom problems that need our attention and concentrated efforts today. However, we will also not forget about the many other fields where there is plenty of room to improve. Of course, I will not miss the excellent opportunity that we are here together today to raise your attention to the topic that my distinguished predecessor, Miklos Haraszti, has already raised with you: the establishment and the adoption of a federal shield law in the United States. As you know, my Office has been a dedicated promoter of the federal shield law for many years. If passed, the Free Flow of Information Act would provide a stronger protection to journalists; it could ensure that imprisonments such as that of Judith Miller in 2005, and Josh Wolf in 2006, could never again take place and hinder investigative journalism. But the passage of such legislation would resonate far further than within the borders of the United States of America. It could send a very much needed signal and set a precedent to all the countries where protection of sources is still opposed by the government and is still not more than a dream for journalists. I respectfully ask all of you, distinguished Commissioners, to continue and even increase your efforts to enable that the Free Flow of Information Act soon becomes the latest protector of media freedom in the United States. And of course I cannot close my speech without mentioning my home country, Bosnia and Herzegovina. As you know, not only Bosnia and Herzegovina, but also most of the emerging democracies in the Balkans enjoy modern and forward-looking media legislation. We can openly say that they almost have it all when it comes to an advanced legal and regulatory framework enabling free expression to thrive. But it is not that simple. I use this moment to pose several questions: if there are good laws, then why do we still face severe problems in relation to media freedom, why do we stagnate and sometimes even move backward? Where does the problem lie? And, more importantly, how can we solve it and move ahead? What Bosnia and Herzegovina shows us is that good laws in themselves are not enough. Without their good implementation, they are only documents filled with unrealized potential. In countries that struggle with similar problems, we must stress over and over again: without the full implementation of valid legislation, without genuine political will, without a comprehensive understanding of the media's role in a functioning democracy, without the creation of a safe environment for journalists to do their work, and without true commitment by all actors, these countries risk falling far behind international standards. Apart from unmet expectations and disillusioned citizens, we all know that the consequences of politicized and misused media could be very serious. In conclusion, let me assure you, dear Commissioners, that I will not hesitate to openly and vigorously remind any country of their responsibilities toward implementing the OSCE commitments to the freedom of the media. I am also asking you to use this opportunity today and send a clear message to the governments of all OSCE countries to do their utmost to fully implement their media legislation safeguarding freedom of expression. The governments have the power to create an environment in which media can perform their unique role free of pressures and threats. Without this, no democracy can flourish. Thank you for your attention.
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article
2009 OSCE Mediterranean Conference in Cairo is a Sucess
Wednesday, April 21, 2010By Alex Johnson, Policy Advisor and Marlene Kaufmann, General Counsel In December 2009, Commission staff attended the 2009 OSCE Mediterranean Conference on “The Mediterranean Partners and the OSCE: Cooperation Toward Enhanced Security and Stability” in Cairo, Egypt. This conference brought together 33 of the 56 OSCE participating States, four of the Asian Partners for Cooperation (Australia, South Korea, Japan, and Thailand), and representation from all of the Mediterranean Partners for Cooperation. The Palestinian National Authority attended at the invitation of the host government. The conference featured three sessions focusing on the politico-military aspects of security in the OSCE area, implications of the current financial crisis on migration, and prospects for OSCE Mediterranean Cooperation. These sessions featured presentations from Mediterranean Partner OSCE delegations, academics, international organizations, and relevant ministry representatives. Participation in this conference was at a high level with the majority of the participating States and all of the Mediterranean Partners for Cooperation represented by their Ambassadors to the OSCE. Members of the Parliamentary Assembly of the OSCE in attendance included a Vice-President and officers of two of the Assembly’s General Committees. Discussion in all of the sessions was lively with active participation by the Ambassadors, particularly those representing the Mediterranean Partners, as well as other public and private sector participants. A number of themes emerged across the sessions including agreement that the partnership between the OSCE participating States and their Mediterranean Partners has strengthened. The establishment of the Partnership Fund and the Athens’ Ministerial invitation to the Partners to contribute to the Corfu Process are largely attributed with bolstering the strength of the Partnership. Findings included a future activity emphasis on specific areas of cooperation by setting both short and long-term goals and providing a mechanism to assess effectiveness. In addition, the OSCE Mediterranean Partnership should undertake its work in coordination with other regional organizations and institutions, through which the possibility of expanding the Partnership could be considered. Session 1: Politico-military aspects of security in the OSCE area and the Mediterranean The session’s moderators were Ambassador Ian Cliff, Head of the delegation of the United Kingdom to the OSCE and Ambassador Taous Feroukhi, Permanent Representative of Algeria to the OSCE. Panelists included Mr. Pascal Heyman, Deputy Director of the OSCE Conflict Prevention Center, Ambassador Gyorgy Molnar, Head of the Permanent Mission of the Republic of Hungary to the OSCE, and Dr. Mostafa Elwy Saif, Professor and Chairman of the Department of Political Science, Cairo University and Member of the Shura Council. Ambassador Cliff opened the discussion by pointing out that the OSCE had developed expertise on crisis prevention and conflict resolution, particularly regarding protracted conflicts. He believes there has recently been some incremental progress. Pascal Heyman emphasized that the OSCE has developed a unique conflict prevention and resolution expertise through constant political dialogue, dedicated crisis management mechanisms such as fact-finding missions, the Conflict Prevention Center, confidence and security building measures and the establishment of field operations. While these are effective tools, Heyman maintained that workable and lasting conflict resolution depends ultimately on the political will of the participating States and the parties in a conflict. Ambassador Molnar spoke to the destabilizing consequences of transnational or multi-dimensional threats to security in the OSCE space. He noted that participating States are attempting to address these threats through the Maastricht Strategy and decisions adopted at both the Madrid and Athens Ministerials regarding transnational threats, combating terrorism, and promoting effective law enforcement and police training programs. Dr. Saif presented a detailed review of Egypt’s political and military security concerns and concluded that the primary challenges to his country’s security stem from the Israeli-Palestinian conflict, Iran’s regional and nuclear ambitions, water shortages, the political situations in Iraq and Afghanistan, and the proliferation of weapons of mass destruction in the Middle East. Ambassador Feroukhi said that the absence of a dedicated institutional forum in the Mediterranean region hampered the development of effective security mechanisms but felt that the development of confidence-building measures – particularly involving civil society and academic communities – should be encouraged as a first step. She also agreed that a just resolution of the Israeli-Palestinian conflict and better protection of the environment were vital for the stability and security of the Mediterranean region. All delegations who participated in the discussion welcomed the Athens Ministerial decision to invite input from the Partners for Cooperation on furthering the Corfu Process. A number of delegations raised the possibility of enlarging the Mediterranean Partnership to include the Palestinian National Authority, while others pointed out the difficulties of doing so, due to the fact that the OSCE is a state-based organization. The Partnership Fund was hailed as an effective tool to enhance the Mediterranean Partnership and it should continue to be used to sustain a culture of cooperation, including the possible creation of a clearing house on water issues within the OSCE. It was also stressed that the OSCE should coordinate its activities with relevant international and regional organizations. The moderators stated the following conclusions emanating from the discussion: The confidence and security building measures as well as early warning mechanisms developed in the framework of the OSCE could serve as a model and help to foster cooperation and confidence in the Mediterranean region; the participation of the Partners in the Corfu process should enhance the Mediterranean Partnership; and, the Partnership should move forward based on concrete, achievable objectives with possible long-term goals of establishing a Mediterranean conflict prevention center and developing regional codes of conduct to enhance dialogue and cooperation. Session 2: Implications of the current economic and financial crisis on migration The second session was moderated by Mr. Daman Bergant, Head of the OSCE Department of the Ministry of Foreign Affairs of Slovenia, and panelists included Ambassador Omar Zniber, Head of the Delegation of the Kingdom of Morocco to the OSCE, and Ms. Rebecca Bardach, Director of the Center for International Migration and Integration of the American Jewish Joint Distribution Committee. Mr. Bergant began the session by explaining that the global economic and financial crisis has an impact on migration and development. He outlined several topics to guide the discussion including the development of cooperative migration policies between the OSCE and the Mediterranean Partners; dialogue on how to prevent and combat illegal migration; international and regional cooperation on preventing trafficking in human beings, including trafficking for forced labor; protecting the human rights of migrants, including through combating hate crimes; and, the role of migrants in promoting tolerance and non-discrimination. Ambassador Zniber spoke to the impact of the current economic crisis on both migrants and development. He pointed out that the impact of the crisis makes migrants even more vulnerable and they face increased discrimination and further marginalization in society. Decreasing remittances, said the Ambassador – 10 to 15% in 2009 according to the World Bank – are a destabilizing factor, impacting countries of origin like Morocco which are particularly dependent on revenues from abroad. The Ambassador welcomed the Athens Ministerial Council Decision on migration management and urged that the OSCE continue its work in this area, in particular, by facilitating dialogue, exchanging best practices and fighting discrimination against migrants. Specifically, he recommended that the OSCE and its Mediterranean Partners establish a working group on migration management and related security aspects; develop a multi-dimensional and long-term approach on migration management; promote regional cooperation and partnerships between all responsible parties including countries of origin, transit and destination, civil society and the private sector; create reintegration and training programs; and, protect the human rights of migrants and their families. Ms. Bardach gave a comprehensive review of migration issues impacting Israel. She explained that only in the last two decades has Israel seen a significant increase in migration flows across its borders. This is presenting challenges to the government in managing migration and dealing with large numbers of refugees, asylum seekers, and labor migrants, in addition to human smuggling and trafficking. While Israeli efforts to combat trafficking for sexual exploitation have resulted in marked progress, she said, efforts to combat labor trafficking are still in their infancy. Based on this experience, Ms. Bardach suggested that the OSCE should develop policies to address irregular recruitment practices and raise awareness about such practices; develop cooperation on both the regional and bilateral level to increase information sharing, strengthen border controls and address the humanitarian needs of migrants; develop culturally sensitive tools for law enforcement officials; and, improve the reception and registration of refugees, including assisted voluntary return. During the discussion following the panel presentations, a number of delegations echoed the view that the OSCE and its Mediterranean Partners should serve as a broad regional platform for a coordinated dialogue on migration, and should develop a comprehensive strategy to prevent cross-border trafficking that includes the private sector. The contributors in this session demonstrated the need for better data collection and sharing regarding migration in the Euro-Mediterranean context. This goal was identified as a potential priority for the Partnership Fund. Proposals distributed by the Moroccan and Egyptian delegations have both cited the importance of developing research institutions, which could serve to further the goal of better data collection and expertise sharing. Session 3: Prospects for OSCE Mediterranean Cooperation The third session Chaired by Ambassador Kairat Abdrakhmanov, Head of the Permanent Mission of Kazakhstan to the OSCE and Chair of the OSCE Permanent Council, focused on a review of achievements to date in improving dialogue and cooperation between the participating States and the Mediterranean Partners, and developing effective follow-up on recommendations of previous seminars and ministerial declarations referencing the Partners. Featured speakers were Ambassador Makram Queisi, Permanent Representative of Jordan to the OSCE, and Mr. Agustin Nunez, Deputy Head of Mission of the Permanent Mission of Spain to the OSCE. Ambassador Queisi presented four areas in which he felt cooperation could improve the relationship between the OSCE and the Mediterranean region – environmental aspects of security such as soil erosion, desertification and water management including the possible creation of an environmental data collection center in the region; enhanced border security to combat terrorism and trafficking including cooperation with the Regional Counter Terrorism Training Center in Jordan; combating discrimination against Muslims; and developing nuclear non-proliferation strategies for the region. The Ambassador also stated his view that Partner status should be granted to the Palestinian National Authority as a confidence building measure. Mr. Nunez reviewed the development of the participating State’s cooperation with their Mediterranean Partners including increased participation by Mediterranean Partners in OSCE activities and recent examples of concrete cooperation on issues such as countering terrorism, promoting tolerance and freedom of the media, and enhancing border management. He emphasized the importance of having a strategic vision for the Partnership and commended the proposal by the Kazakh Chair of the Mediterranean Contact Group that three priority areas should be identified for developing projects to be financed by the Partnership Fund. Mr. Nunez concurred with Ambassador Queisi’s view that the Partnership should be enlarged to include the Palestinian National Authority and noted that Spain had circulated two food-for-thought papers on this topic in 2008. Following the presentations, active debate among the delegations ensued and focused primarily on the current status of the Partnership and its achievements to date, proposals for additional areas of cooperation, procedural improvements and the issue of possible enlargement of the Partnership. Enhanced cooperation in the areas of promoting tolerance and non-discrimination, freedom of the media, gender, combating trafficking in human beings, energy security, security aspects of climate change, water management and fighting corruption, drug trafficking and terrorism was discussed. It was suggested that working groups should be established to examine these issues and make recommendations for action. Participants also called for the establishment of a system for effective follow-up on recommendations and agreed proposals, as well as enhanced coordination with other regional institutions and organizations. The participants actively discussed the question of enlarging the Mediterranean Partnership with some participants supporting the granting of Partner status to the Palestinian National Authority as a confidence building measure conducive to dialogue and peace in the region. Debate over this particular consideration illuminated the need for an expeditious response to the request of the Palestinian National Authority (PNA) to become an OSCE Mediterranean Partner for Cooperation. It is apparent that a number of participating States and partners recognize the value of their participation in Mediterranean Dimension activities. Yet, disagreement arises when considering the implications of recognizing a territory as a full-fledged partner. Some participating States see the case of the PNA as unique in that there is already international agreement on the existence of a future Palestinian State. Other participating States believe that affording a territory official status sets a precedent for other territories seeking recognition in the OSCE region. A number of these leaders believe that a future Palestinian State should be granted partner status after formal international recognition. Thus, it will be unlikely that consensus on partnership with the PNA will be reached at this time and the OSCE Chair-in-Office should issue a formal response acknowledging this. The question of PNA participation will continue to mire productive dialogue on other opportunities for cooperation until a decisive response is issued by the OSCE Chair-in-Office. Alternatives for their participation should however be explored. Some possibilities include establishment of an alternative status of “observer” or other title within the framework of the Partners for Cooperation to allow for a transitional process of full recognition as a Partner. In addition, some sort of agreement should be established on recommended countries outside of the Mediterranean Partnership for invitations to OSCE Mediterranean Dimension activities. Conclusion: Future Considerations for Annual Conference Administration A tremendous success of the 2009 Mediterranean Conference was the engagement of the Ambassadors from the Mediterranean Partners in the agenda. Each panel featured a Mediterranean Partner Ambassador, which helped balance the contributions during the discussion. Previous conferences did not adequately balance the opportunities for contributions between the Mediterranean Partners and the OSCE participating States. In the most grievous of incidences, panelists and participating States at the 2008 Mediterranean Conference in Amman, Jordan took so much time during the discussion that contributions from representatives of the Partners were significantly curtailed. It only makes sense that the contributions of the Partners be prioritized when the purpose of the conference is enhancing cooperation with their respective countries. Meaningful participation by the Partners remains the only way to sustain the future of the OSCE Mediterranean Dimension. A recurring challenge of the annual Mediterranean conference is a lack of willingness to host the event among the Mediterranean Partners. The venue question remains an issue that paralyzes cooperation among the Mediterranean Partners and has the potential to diminish the productivity of the conference each year. The venue question stems from a number of factors. Not only is the conference capital-intensive for the hosting State, political considerations regarding the participants in the OSCE Mediterranean Dimension keep Partners like Algeria and Tunisia from taking a leadership role in hosting the event. Thus, active Partners like Egypt, Jordan, Morocco, and Israel bear the burden of hosting the conference most frequently. Ownership of the OSCE Mediterranean Dimension through hosting the conference and originating initiatives remains an ideal that the partnership should aspire to. However, it is not unprecedented that participating States would host the conference. Previous Mediterranean seminars were hosted by Greece (2002), Croatia (2001), Slovenia (2000), and Malta (1998), prior to the elevation of the event to a “conference” by the Greek chairmanship of the OSCE in 2008. Participating States have offered to host the upcoming 2010 conference. Proceeding with an established venue earlier in the year may provide for more time for substantive topic development. Such a deviation from Mediterranean Partner ownership of the event should be seen as an exception until a more appropriate mechanism for rotating the responsibility of hosting the conference is devised. The 2009 Mediterranean Conference was well executed by the Egyptian government, especially considering the short time between their final commitment to do so and the date of the event. However, NGO participation was notably missing. The 2008 OSCE Mediterranean Conference in Amman featured a session for NGOs from throughout the Mediterranean region on the day prior to the conference and subsequently included a robust NGO presence during the conference proceedings. OSCE Participating States led by the United States made extra-budgetary contributions to the OSCE Partnership Fund to help facilitate a robust NGO presence. International organization representatives that were invited to present on the session panels in the 2009 Cairo conference were among the few non-governmental participants present. It is true that participating States lack the wherewithal to contribute annually to facilitate an NGO presence especially given global fiscal challenges. However, exploring partnerships with appropriate foundations, endowments, and institutions involved in Euro-Mediterranean engagement may result in a consistent and strong NGO presence at events within the OSCE Mediterranean Dimension.
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statement
Natural Resource Charter
Tuesday, April 20, 2010Mr. President, I am pleased to report to you and my colleagues on the excellent work that is being done to help developing countries capitalize on their natural resource wealth. This unique initiative is called the Natural Resource Charter, and it is designed to give countries the tools and knowledge they need to develop their natural resources for the good of their citizens in a transparent and accountable manner. As a collective work coordinated by established academics and development experts, the charter provides a set of policy principles for governments on the successful translation of natural resource wealth into fair and sustainable development. At the U.S. Helsinki Commission we monitor 56 countries, including the United States, with the mandate to ensure compliance to commitments made under the Helsinki Final Act with focus on three dimensions: security, economics and the environment, and human rights. The management of extractive industries has broad implications covering all three dimensions of the Helsinki process. We know that oil, gas, and mining are potential sources of conflict and their supply has a direct impact on our national security. The often negative economic consequences for resource rich countries are well documented and we see constant reminders of the environmental impact of extraction both at home and abroad. Finally, the resultant degradation of human rights in countries that are corrupted by resource wealth is a real concern that we must address. When the charter was launched last year, I was struck by how far we have come in terms of bringing the difficult conversation on extractive industries into the lexicon of world leaders. Only a few short years ago, the word "transparency'' was not used in the same sentence with oil, gas or mining revenue. After the launch of the Extractive Industries Transparency Initiative in 2002, we have seen a major shift in attitude. This was followed by G8 and G20 statements in support of greater revenue transparency as a means of achieving greater economic growth in developing countries. But it is clear that given the challenge ahead, more than statements are needed. The Natural Resource Charter is a concrete and practical next step in the right direction. Economists have found that many of the resource-rich countries of the world today have fared notably worse than their neighbors economically and politically, despite the positive opportunities granted by resource wealth. The misuse of extractive industry revenues has often mitigated the benefits of such mineral wealth for citizens of developing nations; in many cases the resources acting instead as a source of severe economic and social instability. In addressing the factors and providing solutions for such difficulties, the Natural Resource Charter aims to be a global public resource for informed, transparent decision-making regarding extractive industry management. The charter's overarching philosophy is that development of natural resources should be designed to secure maximum benefit for the citizens of the host country. To this end, its dialogue includes a special focus on the role of informed public oversight through transparency measures such as EITI in establishing the legitimacy of resource decisions and attracting foreign investment. On fiscal issues, the charter presents guidelines for the systematic reinvestment of resource revenues in national infrastructure and human capital with the goal of diminishing effects of resource price volatility and ensuring long-term economic growth. This week the commission will hold a public briefing on the Natural Resource Charter and I am pleased to say that there was a candid conversation between the audience and the panel that revealed much about how the charter could be used to promote human rights and good governance. The briefing also addressed ways that U.S. support of democratic and economically sensible extractive industry standards could have a powerful effect in securing the welfare and freedoms of citizens in resource-rich countries. In particular, it was noted that the Energy Security Through Transparency Act, S. 1700, a bipartisan bill I introduced with my colleague Senator Lugar and 10 other colleagues is consistent with the principles set out in the Natural Resource Charter. I look forward to working with my colleagues to ensure our continued progress on these issues.
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hearing
Ukraine: Moving Beyond Stalemate
Tuesday, March 16, 2010This hearing examined how the U.S. can best continue to encourage and assist Ukraine in developing democracy, rule of law, and a market economy. The panel also discussed Ukraine’s relationships with its neighbors, the United States, and European states and organizations. The panel of witnesses explored the democratic developments and progress since the Orange revolution and U.S. policy implications of Ukraine’s interest in further integration with Europe.
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article
More Power to More People: Lessons from West Africa on Resource Transparency
Thursday, January 21, 2010By Shelly Han, Policy Advisor In its ongoing effort to fight corruption and increase energy security, the U.S. Helsinki Commission has worked in recent years to help countries fight the resource curse. That is the phenomenon in which countries that are rich in oil, gas or minerals—resources that should be a boon to their economy—suffer lower economic growth and higher poverty than countries without extractive resources. As the Commission’s energy policy advisor, I traveled in September 2009 with other Congressional staff to Ghana and Liberia to see how these two countries are managing their resources. This was an oportunity to compare the experience of these countries with that of resource-rich countries like Azerbaijan, Kazakhstan and Kyrgyzstan, who participate in the Organization for Security and Cooperation in Europe. Specifically, our goal was to study implementation of the Extractive Industries Transparency Initiative (EITI) in Ghana and Liberia, and gauge the impact of corruption in the extractive industries on the political, social and economic climate. EITI is a groundbreaking program because it pierces the veil of secrecy that has fostered tremendous corruption in the extractive industries around the world. At its heart, EITI is a good governance initiative that brings together the companies, the government and civil society to ensure revenue is generated for the benefit of the people, not just hidden in Swiss bank accounts. The meetings in Africa were also part of the Commission’s work promoting the Energy Security Through Transparency Act (S. 1700), a bill designed to increase transparency in the oil and gas industry. The bill, introduced by Commission Chairman Senator Benjamin L. Cardin and Senator Richard G. Lugar (R-IN), expresses support for U.S. implementation of EITI. In Ghana and Liberia, staff met with government officials, non-governmental organizations, civil society leaders, the business community, U.S. Embassy staff and other groups, trying to get as broad a perspective as possible on issues related to energy transparency. Ghana Ghana is a country of 23 million citizens on the west coast of Africa. Considered one of the bright spots in terms of political and economic development in the region, President Obama came here in his first presidential trip to Africa. Known as the Gold Coast in colonial times, gold mining remains one of Ghana’s primary exports. With significant foreign investment from mining, one might think that Ghana had hit pay dirt for its economy, unfortunately, this hasn’t been the case. Almost 80 percent of Ghanaians live on less than $2 a day. Gold mining in Ghana is estimated to contribute about 40 percent of total foreign exchange earnings and 6 percent of GDP. In 2007, the discovery of oil in the offshore Jubilee field launched wild expectations—and fears—for Ghana’s future. The oil and gas could bring in about $1 billion a year for Ghana, which is about 25 percent of the government’s budget. But there are fears that the windfall will increase corruption and do little to help Ghana’s citizen’s rise out of poverty. But there is hope. In 2003 Ghana committed to implementing EITI for its mining sector and Ghana remains a candidate country today. Ghana has an EITI Secretariat and a Multi Stakeholder Steering Group in place. The country has appointed an independent EITI Aggregator/Auditor who has produced three audit reports and Ghana will shortly go through an independent audit process in order to be validated as an EITI country. Most importantly, Ghana has pledged to implement EITI in the oil and gas sectors. During the trip, we met with a number of government officials, including the Minister of Energy and the Minister of Finance. I was impressed with their commitment to establishing an EITI process for the oil and gas revenues. While the process is not complete, and is certainly not perfect, we are optimistic that Ghana will build on the EITI progress they have already made in the mining sector and achieve similar results for the oil and gas sectors. The international community is providing significant assistance. In meetings with U.S. officials, we learned that U.S. aid agencies will begin work in Ghana aimed at strengthening parliamentary oversight, improving regulatory, legal and fiscal management, and helping Ghana develop a workforce to meet the needs of the oil and gas sector. Liberia Our experience in Liberia was more sobering. Five years after a devastating civil war, Liberia struggles to move on. Fourteen-thousand United Nations troops remain in the country as peacekeepers. Eighty percent of the country’s 3.5 million citizens are unemployed. Liberian President Ellen Johnson Sirleaf, a Harvard-trained economist and Africa’s first female president, has worked to stimulate investment and create job opportunities. But this is an uphill battle given the years of education and infrastructure lost during the civil war. Extractive industries such as iron ore, gold, rubber and diamonds do provide some revenue, but the highest hopes for export revenue are placed on Liberia’s extensive forests. Sustainable timber harvesting could provide up to 60 percent of Liberia’s revenue and the international community and Liberia have spent several years and millions of dollars to make the forestry sector sustainable. Liberia joined EITI in 2006, just a couple of years after the end of the civil war that decimated the economy and put Liberia at almost the bottom of the UN Human Development Index. It is the first country to include forestry under the rubric of EITI. On July 10, 2009, the President of Liberia signed into law the Act Establishing the Liberia EITI, making Liberia only the second country in the world (following Nigeria) to pass dedicated EITI legislation. Many implementing countries have issued presidential or ministerial decrees or have amended existing legislation to establish a legal framework for the initiative. The legislation goes beyond the core EITI requirements because it covers the forestry and rubber sectors, as well as oil, gas and mining. But contract disputes and the economic downturn have hindered the resumption of large-scale logging in Liberia. We met with logging companies, government officials and civil society to hear the problems and were discouraged by the lack of progress. It is clear that while tremendous strides have been made in transparent reporting of revenues, there is precious little revenue to report. We spoke with some groups who were hopeful that with a strong focus on improving governance, it is possible that Liberia could develop forestry projects eligible for international carbon offsets. These offsets could generate revenue for Liberia and help meet global climate change goals at the same time. Conclusion In contrast with other EITI countries such as Azerbaijan and Kazakhstan, we were struck by the comparatively good relations the Ghana and Liberia government ministries enjoy with civil society, and the clear desire they have shown to work together. Citizen participation was very strong in both African countries, perhaps due to the extensive public awareness campaigns that have educated citizens on their right to follow the money trail from extractive revenues. EITI is far from the magic bullet to solve corruption problems in West Africa or elsewhere. But Ghana and Liberia show that incremental progress is possible, and that transparency in the extractive industries can build a foundation for good governance in other sectors as well.
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briefing
Twitter Against Tyrants: New Media in Authoritarian Regimes
Thursday, October 22, 2009Held after a year in which Twitter and Facebook catalyzed protest movements in Iran and Moldova and authoritarian regimes around the world unleashed new tools of Internet control, this briefing considered the ways in which new media and Internet communication technologies affect the balance of power between human rights activists and authoritarian governments. Panelists who spoke at this briefing focused on new media’s role in protests and elections, the ways in which it empowers civil society activists, and the darker side: how dictators use new technology to control and repress their citizens. The response of authoritarian regimes to the significant opportunities for advancing freedom through new media was addressed.
Thursday, January 21, 2010
485 Russell Senate Office Building
Washington, DC 20515
United States