Title

The Future of Chechnya

Thursday, March 13, 1997
11:08am
538 Dirksen Senate Office Building
Washington D.C., DC 20002
United States
Members: 
Name: 
Hon. Alfonse D`amato
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Steny Hoyer
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Jon Christensen
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Ambassador Tim Guldimann
Title: 
Head
Body: 
OSCE Assistance Group in Chechnya

Former senatosr and commissionesr chaired this hearing, which focused on the efforts of the citizens in Chechnya to free themselves from Russian power. Russia’s “transgressions” against the Chechnyan populace entailed lack of recognition of international principles. More specifically, the 1994 OSCE Budapest Document, with which the Russians agreed, stipulates that each participating state will ensure that its armed forces are commanded in a way that is consistent with the provisions of international law. Moreover, even when force cannot be avoided, each state will ensure that its use must be commensurate with the needs.

 At the time of this hearing, anywhere between 30,000 and 80,000 people had been killed because of the conflict in the territory, and tens of thousands of men, women, and children had been driven from their homes. In addition, there had been a cease-fire in Chechnya. However, the dangers had not recently ended.

Relevant countries: 
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  • Helsinki Commission Leadership Engages Heads of Nine CIS Countries

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

    By Chadwick R. Gore CSCE Staff Advisor Representatives of the OSCE participating States and a variety of non-governmental organizations met in Vienna, Austria, July 15 and 16 for a Supplementary Human Dimension Meeting on Election Standards and Commitments.  The first of a multi-part process, the meeting was organized by the Office for Democratic Institutions and Human Rights in keeping with the December 2003 Maastricht Ministerial Council Decision on elections. That decision tasked the ODIHR “to consider ways to improve the effectiveness of its assistance to participating States in following up recommendations made in ODIHR election-observation reports and inform the Permanent Council on progress made in fulfilling th[e] task.” The decision also tasked “the Permanent Council, drawing on expertise from the ODIHR, to consider the need for additional commitments on elections, supplementing existing ones, and report to the next Ministerial Council.” The next Ministerial Council is scheduled for Sofia, Bulgaria, December 6 and 7, 2004. However, several days prior to the Vienna meeting, the Permanent Representative of the Russian Federation to the OSCE Permanent Council, Ambassador Alexey N. Borodavkin, delivered an intervention to the Permanent Council presenting a Declaration by some member States of the Commonwealth of Independent States (CIS) “regarding the state of affairs within the OSCE.”  The intervention presented a wide range of sharp criticisms of the OSCE, not the least of which was a supposed inability to “adapt itself to the demands of a changing world and ensure an effective solution of the problems of security and co-operation in the Euro-Atlantic area.” The Declaration went on to accuse the organization of interfering in internal affairs and failing to respect the sovereignty of States. The OSCE was also accused of applying double standards and failing to take into account the realities and specific features of individual countries. Then Borodavkin laid what many believed to be the groundwork for the approach of countries associated with the Declaration to the SHDM: These attitudes manifest themselves particularly in the work of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), which mainly deals with monitoring and assessment of election results in participating States. This work of the ODIHR is frequently politicized and does not take into account the specific features of individual countries. For that reason, we believe it necessary to draw up standard objective criteria for assessments by the ODIHR and OSCE missions of election processes throughout the OSCE area. Thus, as the attendees approached Vienna, many were expecting a classic stand-off between a group of former Soviet states, led by the Russian Federation, and at least the United States, if not many members of the European Union, over the role of election observation and the various commitments, especially provisions of the Copenhagen Document. Hints of Russian dissatisfaction with the OSCE’s democracy promotion activity can be traced back to a terse statement issued by the Ministry of Foreign Affairs of the Russian Federation on August 1, 2000, the 25th anniversary of the Helsinki Final Act.  “Attempts to turn it [OSCE] exclusively into an instrument of ‘democratizing’ individual states will only land the OSCE in an impasse. They are fraught with the danger of a retreat from the Helsinki principles and, in the end, the degradation of the Organization.  Opening remarks at the Vienna meeting were delivered by Ambassador Ivo Petrov, Chairman of the Permanent Council, and Ambassador Christian Strohal, Director of ODIHR. Strohal mentioned that there might be a need for new commitments to address future challenges regarding referenda, new technology and election standards from outside the OSCE. He thought there might be a need for additional commitments to further universal suffrage, increase transparency, enhance accountability of election and political authorities, and to maintain public confidence in the electoral process. Alexander Veshnyakov, Chairman of the Central Election Commission of the Russian Federation, gave the initial keynote speech. Those waiting to see if the Russian Federation would continue the line of attack started at the July 8 meeting of the PC were not disappointed. Mr. Veshnyakov quickly pointed out that electoral standards and commitments need to be added to converge “our ideas for the democratic process and help remove possibilities of double standards. The democratic process can be used for anti-democratic means.” He then proceeded to point out that the Copenhagen Document must be fleshed out and rights need to be promoted, agreements since Copenhagen have been diverse and detailed, and despite shortcomings, the OSCE must be given its due for applying these standards. Veshnykov cited the new “vector” in elections toward European-wide documents on standards in draft form in some twenty Central Election Commissions and that the adoption of the Code of Good Practice in Electoral Matters of the European Commission for Democracy through Law, also known as the Venice Commission, could be the source for a “Copenhagen II.” Interestingly he lamented the lack of a “binding character” to the existing commitments and felt that making them binding with sanctions for the failure could be useful to help develop common goals. The main complaint expressed was that each state should know precisely what has been agreed in such commitments: the current commitments are too vague, just a set of guidelines as opposed to standards, and thus have led to the development of double standards in both practice and election observation criteria. Jean-Pierre Kingsley, the Chief Electoral Officer of Canada, was the second keynote speaker. He addressed several issues of common concern, such as the role of the media, control of money, and public versus private concerns. He contrasted the fundamental tension as between egalitarians and libertarians. Three sessions were structured to address the key areas of ODIHR’s concerns to fulfill their Maastricht tasking: The OSCE/ODIHR 2003 Progress Report “Existing Commitments for Democratic Elections in OSCE Participating States”; implementation of existing OSCE commitments for democratic elections and follow up on OSCE/ODIHR recommendations; and, identification of possible areas for supplementing the existing OSCE commitments and potential need for additional commitments. Moderators of the sessions were Steven Wagenseil, First Deputy Director of the ODIHR and Patrick Merloe, Senior Associate and Director of Election Programs, National Democratic Institute for International Affairs. Introducers, who presented the core content of each session in their remarks, were: Mr. Merloe; Professor Christoph Grabenwarter, Substitute Member of the Council on Democratic Elections, Council of Europe; Pentii Väänänen, Deputy Secretary General, OSCE Parliamentary Assembly; Mr. Kingsley; Jessie Pilgrim, Legal Expert; and, Jeno Szep, Advisor, Association of Central and Eastern European Election Officials. The general thrust of each session was remarkably similar. It quickly became clear that there was a near consensus that while clarification of the details of a few of the existing commitments might be desirable, if not outright necessary, reopening the Copenhagen election commitments to debate was not necessary or desirable. Many delegations restated in various ways that those commitments, and those from all the other OSCE documents that have addressed elections, have created a body of obligations and guidance so fundamental and expansive that there is little new that can or ought to be added. Most interesting was the statement of the European Union that expressed the general opinion:  “If we really need to consider if new commitments are necessary, if so, where?” The European Commission addressed the issue, “We don’t need a Copenhagen II, but maybe a Copenhagen Plus.” However, a few speakers did mention specific areas of concern, and former Soviet states that are signatories to the aforementioned Declaration made comments of note. Mr. Merloe saw the possibility to enrich, reinforce and amplify the existing commitments might be forthcoming, possibly at Sofia. He reminded the meeting that those areas critical to all elections are: establishing public confidence in the electorate; establishing universal equal suffrage; transparency at all stages; and, accountability of all authorities. The opening statement from the U.S. Delegation reiterated these points, emphasizing that elections cannot be assessed solely by examining the technical aspects of voting, and transparency and accountability are absolutely essential components of democratic elections. Regarding the ODIHR election monitoring teams, the United States took the opportunity to underscore that: [T]he U.S. does not see ODIHR’s election monitoring efforts as “politicized,” but rather as objective and based upon standards set out in the OSCE commitments stipulated in the 1990 Copenhagen Document and the 1991 Moscow Document and reaffirmed in the Charter for European Security adopted at the Istanbul Summit.  Furthermore, the U.S. emphasized that ODIHR monitoring teams should not be seen as “interference in [a country’s] internal affairs,” but rather as an international resource, like the Election Assistance Commission that works domestically in the United States, which is available to countries that seek to improve public confidence in elections and uphold their OSCE commitments. NGOs from the Russian Federation, Belarus, Uzbekistan, Kyrgyzstan and Ukraine (note: all States that signed the CIS Declaration) uniformly complained that their governments fail to fulfill the existing OSCE commitments.  So why, they asked, would the OSCE need new commitments when governments fail to meet the existing ones? By contrast, the government representatives of Belarus, Uzbekistan, Tajikistan, Kazakhstan and Armenia (all signatories of the CIS Declaration) complained that the Copenhagen commitments were more like guidelines than standards.  Some said that the commitments should be obligatory instead of voluntary. Mr. Väänänen pointed out that often when returning to a country a few years after observing elections and providing recommendations for electoral improvements the same problems remain. The attitude of the state leadership and the nature of the problems found are the crux of the problem (numerous comments regarding the need for political will in follow up to observation missions’ recommendations were made throughout the meeting). Mr. Pilgrim discussed six issues of concern that need to be addressed. Public confidence is critical to the legitimacy of all elections. Electronic voting, which is becoming the norm, must produce a verifiable paper trail. Referenda or recounts must not be used to end or change a term of office as this practice is in direct conflict with the Copenhagen commitments. Observation is necessary to guarantee other criteria. Transparency includes public knowledge about the role of money, i.e. public disclosure of all funding and expenditures is necessary for public confidence. The protection of electoral rights – registration, party regulation, media access, etc. – while assumed, must be actively pursued. An extensive discussion regarding electronic voting was held. The distinction between voting on an electronic device, such as a touch-screen device, versus E-voting over the Internet was made by Dr. Szep. The need for the electronic device to produce an auditable paper trail seemed universally accepted as a basic standard for use of such systems. However, the German Delegation described the degree of public skepticism and lack of confidence in electronic devices, and “that is why we’re going to stay on paper.” The primary problem with E-voting seems to be the lack of public trust, but there is hope that in time, with the improvement of technology and security software, this will change. During the closing session, DeForest B. Soaries, Jr., Chairman of the U.S. Election Assistance Commission, expressed the general consensus of the meeting in the U.S. Delegation’s closing statement.  Reiterating that the United States remains as committed as ever to the OSCE commitments laid out in the 1990 Copenhagen Document and in subsequent OSCE documents, he made clear the openness of the United States to ideas on how the OSCE election commitments, and especially their implementation, can be improved. However, he said, there is no need to re-open the Copenhagen commitments as they provide the guidelines and benchmarks necessary to achieve democratic, free, and fair elections. Mr. Soaries pointed out that the OSCE does not yet have specific commitments related to the participation of internally displaced persons in electoral processes or concerning accountable, balanced, and impartial election administration, and a more systematic mechanism that might be considered for follow up to election observation missions’ recommendations. Interestingly, the comments from the representatives of countries associated with the Declaration were quite benign and agreeable at the end of the session, emphasizing the forward-looking nature of the meeting. Ambassador Strohal described the further steps in the process, noting that the ODIHR would be forthcoming with recommendations to the Permanent Council on any changes to the election standards and commitments in preparation for the Ministerial Meeting in Sofia in December.  The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Advancing Democracy in Albania

    Albania is expected to hold new parliamentary elections, and further reform is viewed as key to their success.  The country has faced tremendous challenges in its democratic development since emerging from harsh communist rule and self-imposed isolation in the early 1990s. Despite highly polarized politics and splits within the Socialist camp in particular, there has been renewed progress.  Albania, nevertheless, continues to face the difficult task, common to the region, of tackling organized crime and official corruption. The Albanian Government is making efforts, for example, to combat trafficking in persons, though it remains a source and a transit country for women and children who are sexually exploited or used as forced labor elsewhere in Europe.  Meanwhile, Albania has maintained strong bilateral ties with the United States and cooperated with the international response to past regional conflicts. The country is a strong supporter of the war on terrorism and works within the framework of the Adriatic Charter, a U.S. initiative that includes Macedonia and Croatia, in laying the groundwork for further European and Euro-Atlantic integration.

  • Commission Hearing Surveys Human Rights in Putin's Russia

    By John Finerty Staff Advisor The United States Helsinki Commission held a hearing on May 20, 2004 to review governance practices and human rights in the Russian Federation under President Vladimir Putin.  Witnesses focused on media independence, religious freedom, judicial procedures, xenophobia and anti-Semitism, and the war in Chechnya. Opening the hearing, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) expressed apprehension that President Putin was leading Russia in an authoritarian direction, increasingly reliant on Russia’s security apparatus and intelligence agencies to govern the country.  Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) also voiced his concerns, focusing on corruption in the Russian Government and abuses in the war in Chechnya. Deputy Assistant Secretary of State for European and Eurasian Affairs Steven Pifer stated that Russians enjoy freedom of travel and emigration, and an independent print media that engages in robust political debates; religious association and expression is generally free, and Russians have incorporated voting into their political practices. However, Pifer voiced concern with the Putin administration’s undue influence on judicial proceedings, state control or sway over the broadcast media, the pressuring of non-governmental organizations, anti-Semitism, abuses in the war in Chechnya, and the lack of a level electoral playing field for the political opposition. Ambassador Pifer cited the U.S. record of advocating democratization and human rights to the Russian leadership, while pursuing cooperation on mutual security interests such as the war on terrorism, arms control, counter-proliferation, and the resolution of regional conflicts. Gary Kasparov, former world chess champion and chairman of Committee 2008: Free Choice, presented a critical view of the Putin administration, lamenting the slide of the Russian Government into authoritarianism.  He described a variety of policies undertaken by the Putin administration that he viewed as backtracking from the democratic progress of the 1990s, including the curtailment of civil liberties and the flagrant abuse of human rights. Specifically, Kasparov described government influence over the broadcast media and manipulation of elections. The war in Chechnya had been sidelined as a topic of news discussion, he asserted, thus facilitating the concealment of wartime human rights abuses.  He also faulted the media for disregarding the ineptness of government responses to terrorist attacks. On elections, Kasparov characterized the December 2003 parliamentary polls as unfair, and predicted that President Putin would use parliamentary maneuvers to change the constitution and extend his term, perhaps indefinitely. Mr. Kasparov condemned Russian activities in the Chechen war and described how “hundreds of Chechens, if not thousands, are being interrogated, tortured and killed” by Russian soldiers. He called for the deployment of independent observers to monitor Russian behavior and promote observance of human rights.  As a final critique, Kasparov charged that Putin had stripped the judicial system of its independence and was using it to silence political opponents and critics, such as Mikhail Khordorkovsky and Igor Sutyagin. As for solutions, Kasparov highlighted his efforts to expose the corruption of the December 2003 elections through a lawsuit and public advocacy. He also urged the United States to use diplomatic means to leverage the Russian Government into democratic and civil liberties concessions. Edward Lozansky, president of Russia House and the American University in Moscow, offered a contrasting opinion, pointing to the successes of the Putin administration in taming the “oligarchs” and encouraging economic growth. He viewed state control of the broadcast media as less of a crisis, contending that free alternatives, such as print, electronic, and foreign media, provide the people with a variety of viewpoints. Ultimately, Dr. Lozansky argued, “President Putin enjoys overwhelming support of the Russian people” and that the Russian people “can freely express their opinions.” In closing, Lozansky suggested the United States should not undermine its relationship with Russia through unnecessary criticism, since bilateral cooperation between the nations remains essential in the war on terrorism, space exploration, energy, and the environment.  Engagement and dialogue, rather than condemnation, is paramount, he suggested. Reverend Igor Nikitin, president of the Association of Christian Churches in Russia, offered a mixed assessment of the status of religious liberty in Russia.  In northwest Russia and St. Petersburg particularly, religious tolerance is the norm.  In other regions, however, Protestant churches and other non-Orthodox denominations have experienced discrimination and bureaucratic malfeasance.  For instance, an unconstitutional requirement for churches to register their members – as opposed to merely the institution – is frequently enforced by local authorities, and a Moscow court has ordered the “liquidation” of the city’s community of Jehovah’s Witnesses.  Nikitin urged measures to educate Russian officials on the importance of religious freedom as a civil liberty. Nickolai Butkevich, Research and Advocacy Director of the Union of Councils for Jews in the Former Soviet Union, discussed the situation regarding xenophobia and the treatment of minorities in Russia. Mr. Butkevich noted that President Putin has made efforts at the national level to combat xenophobia, but that implementation of relevant directives is uneven at the local level. Some regions and cities have combated xenophobia and anti-Semitism, while other authorities have actively encouraged it. Mr. Butkevich described cases in Vladivostok, Voronezh, and other cities where individuals had been subject to abuse and local authorities reacted uncaringly or in collusion with perpetrators. In answer to a question posed by Chairman Smith on the disparity between the Russian Government’s public and international pronouncements that it will combat anti-Semitism and its failed implementation of such policies domestically, Butkevich blamed the disparity on a lack of prioritization by the central government.  Mr. Kasparov contended though that President Putin has done nothing to address anti-Semitism or quell xenophobia. Answering other questions on the attitudes of the United States and the West toward the Chechen situation, governmental corruption, and the judiciary, Dr. Lozansky replied that Russia is stabilizing under the pragmatic policies of President Putin and that the international community must engage the country on matters of mutual interest. The witnesses responded with divergent views as to whether Russia was moving toward autocracy.  While Kasparov made his case strongly that Russia was, Lozansky again insisted that it was not.  Mr. Butkevich suggested that Russia was “backsliding toward authoritarianism,” but that President Putin certainly retains popular support. Reverend Nikitin stressed that the next few years will determine whether Russia evolves toward civil and religious liberty or tsarist, oppressive governance reemerges. The United States Helsinki Commission, an independent agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission created in 1976, is composed of nine Senators, nine Representatives, and one official from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Colby Daughtry contributed to this article.

  • Activists Brief Commission on the War in Chechnya, Civil Society and Military Reform in Russia

    By John Finerty CSCE Staff Advisor The United States Helsinki Commission held a briefing entitled “The War in Chechnya and Russian Civil Society” on June 17, 2004 with representatives of one of the largest and most active nongovernmental organizations in Russia, the Union of Committees of Soldiers’ Mothers of Russia. Valentina Melnikova, National Director of CSM, and Natalia Zhukova, Chairwoman of the Nizhny Novgorod Committee of CSM, briefed the Commission on their efforts to publicize and protest human rights abuses in the Russian military and the current state of civil society in Russia. Helsinki Commission Senior Advisor Elizabeth B. Pryor opened the briefing, noting concerns that President Vladimir Putin’s verbal attacks on human rights organizations and their funding sources – delivered on May 26 during his annual State of the Federation address – may indicate future trouble for Russian NGOs perceived as politically hostile to the Kremlin. Ms. Zhukova described the work of her committee and addressed the impact of Putin’s recent comments on the committee’s activities.  The Nizhny Novgorod Committee is one of 300 such bodies under the umbrella of CSM, comprising approximately 30 volunteer workers and handling nearly 2,000 requests for assistance from parents and soldiers annually.  “The problem is that most [people] have simply no idea of what’s going on in their military…because television is censored,” she said. According to Zhukova, the Nizhny Novgorod Committee also provides assistance to approximately 700 deserters annually, precipitated by “beatings, harsh hazing on the part of officers and other soldiers, a criminal environment in the unit, lack of medical assistance, cases of extortion of money, [and] use of soldiers for slave labor.”   In cooperation with the Foundation for Civil Liberties, CSM provides mediation services with authorities and legal assistance to the military deserters and their families. The Committee also works to ensure social protection for veterans of the Chechen wars with disabilities, lobbying and leading demonstrations in support of adequate allowances for wounded soldiers, and the families of those killed in action. Regarding the recent condemnation of Russian NGOs by top military and administration officials, Ms. Zhukova noted, “I can’t say that we experience direct persecution.… But after the onslaught announced by the Minister of Defense and after the State of the Nation address by President Putin, we believe that we have to expect financial pressure.” President Putin’s May 26 address, in which he accused some NGOs of serving “dubious group and commercial interests” rather than those of the Russian people, has been “viewed by the local authorities as an order,” according to Ms. Zhukova.  Since Putin’s speech, she noted, the local governor has revoked the Committee’s discount on their office rent, resulting in a tenfold cost increase.  Moreover, local funding has been depleted because “local businessmen have been so intimidated by the onslaught against us by the Ministry of Defense and by President Putin that we cannot expect anything from them,” she said. Neither does CSM receive substantial financing from abroad, Zhukova maintains, “We serve the interests of millions of Russian soldiers and their parents, defending them from arbitrary rule and lawlessness of the authorities.” Ms. Melnikova addressed the effects of the Putin administration on Russian civil society.  The Russian people, she asserted, have been deprived of both political opposition and independent media since Putin came to power.  She listed “the closed nature of the Chechen war, lack of information, [and] direct deceit of the population by the authorities,” as the negative effects of his administration’s actions.  As a result of Putin’s policies, she said, “The war in Chechnya has ceased to exist as far as the Russian public is concerned.”  Through media controls and a vigorous propaganda campaign, she said, the Russian Government has led the people to believe “that what’s going on in Chechnya is a counterterrorist operation, that we are fighting Arab mercenaries and Al Qaeda units.”  “In reality, the Chechen problem has nothing to do with international terrorism or Islamic fundamentalism…. There is no trace of stabilization in Chechnya, and there are no attempts by the Russian authorities to strive for a peaceful resolution of the problem,” Melnikova stated. Portraying the Russian military as a “decrepit, poorly managed, federally-corrupted structure,” she described the same grim situation as Ms. Zhukova.  In Chechnya, she charged, Russian officers force young men to become military criminals.  If they return from service alive, they are often psychologically or physically disabled, and abandoned by the government that sent them to Chechnya. In answer to a question by Commission Chairman Rep. Christopher H. Smith (R-NJ) regarding the recently enacted Russian legislation on alternative military service, Melnikova called the alternative civil service law “inadequate.” She noted that it requires that soldiers serve terms double the length of ordinary military service, perform tasks that do not serve civil society, and often work hundreds of miles away from home.  The panelists requested that Chairman Smith raise such issues as the fate of a bill regarding civilian control of the armed forces, which has been introduced in the State Duma, and the possibility for a second amnesty for military deserters when he meets with the Speaker of the State Duma at the OSCE Parliamentary Assembly Annual Session in early July. Chairman Smith indicated that U.S. officials have, in past meetings with Russian leaders, raised concerns about violent hazing of military conscripts.  In response, Melnikova provided Smith with recent copies of “The News of the Committee of the Soldiers’ Mothers,” featuring vivid photographs of soldiers that had suffered serious injuries as a result of such hazing.  “Russian officers do not treat their soldiers as human beings,” she said, “therefore, everything goes on as before.” Regarding the international community’s response to the Chechen conflict, Melnikova claimed: “There is not enough pressure exerted on Mr. Putin. … Ten years of war have infuriated both the Russian military and the Chechens to such an extent that we don’t see any possibility of peaceful resolution....  But I think Russia’s partners simply have to exert pressure on Putin to make him make at least some tentative steps toward peace, maybe offer some intermediate negotiations, maybe seek some mediation efforts on the part of governments or nongovernmental organizations.  At least something has to be done.” Ms. Melnikova further criticized “the active connivance of the leaders of Western countries, including the United States” as one of the key reasons for the continued restriction of human rights in Russia.  She voiced concern that Washington leaders now believe “that the Russian people don’t need democracy…. That the West supports the anti-democratic policies of the Russian authorities is simply absurd,” she said. She concluded by stating that the CSM “advocates and conducts a social campaign for military reform, for abolition of conscription and for the [establishment] of a professional armed force,” as well as for peace in Chechnya and the expansion of civilian control over the military.  The CSM provides direct aid to more than 50,000 soldiers and their families annually. Finally, Melnikova argued that the “legal slavery, chaos, and corruption at all levels of the Russian military compromises not only Russian civil society but also the strategic objectives of Russia’s allies, including nonproliferation of weapons of mass destruction.  Absent democracy,” she said, “there can be no safe Russia.” Asked about recent attacks on nongovernmental organizations by Putin administration officials, Melnikova mentioned that Putin’s criticisms were preceded by comments by the Minister of Defense and Deputy Minister of Justice to the effect that NGOs were pursuing subversive or illegal activities.  Although she hopes that NGOs will not be targeted by the national authorities, she said that the arrest of Mikhail Khodorkovsky has tempered her optimism. Responding to questions about funding from Russian oligarchs, Melnikova stated, “Oligarchs dread to touch us [because] there is always a chance that the authorities can charge any businessman with any crime and throw him in prison, and they know it.” The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Christen Broecker contributed to this article.

  • OSCE Meeting Examines Hate Crimes and Racist, Xenophobic, and Anti-Semitic Internet Propaganda

      “I disapprove of what you say, but I will defend to the death your right to say it.” – Voltaire By Erika Schlager CSCE Counsel on International Law On June 16 and 17, 2004, the Organization for Security and Cooperation in Europe’s participating States met in Paris for a meeting on “the Relationship between Racist, Xenophobic and Anti-Semitic Propaganda on the Internet and Hate Crimes.”  The meeting was part of an OSCE focus this year on racism, xenophobia, discrimination, and anti-Semitism and, like two other special human dimension meetings scheduled for this year, was mandated by the OSCE Ministerial Meeting held Maastricht last December. Conferences on anti-Semitism (held in Berlin, April 28-29) and racism, discrimination and xenophobia (to be held in Brussels, September 13-14) are intended to build on high-level meetings already held last year in Vienna on those same subjects. The Paris meeting focused on a specific issue – the Internet - related to the overall topic.   The convocation of a special meeting on the relationship between racist, xenophobic and anti-Semitic propaganda on the Internet and hate crimes was the product of advocacy by non-governmental organizations such as IN@CH, the International Network Against Cyber Hate, and the leadership of the Government of France.  IN@CH had previously raised awareness of the problem of hate mongering on the Internet at the OSCE’s annual Human Dimension Implementation Meeting in 2002 and, at the 2003 Human Dimension Implementation Meeting, hosted a side-event on the subject.  Historically, the OSCE has been most effective when governments gain a sense of ownership of an issue and exercise leadership in moving it forward.  Non-governmental organizations typically play a critical role in identifying concrete human rights problems and bringing them to the attention of governments. The U.S. Delegation to the Paris meeting was jointly led by Ambassador Stephan M. Minikes, head of the U.S. Mission to the OSCE; R. Alexander Acosta, Assistant Attorney General for Civil Rights; and Dan Bryant, Assistant Attorney General for Legal Policy.  Markham Erickson, General Counsel from Net Coalition; Brian Marcus, Director of Internet Monitoring; Anti-Defamation League, and Ronald Rychlak, Professor of Law and Associate Dean, University of Mississippi Law School, joined the delegation as Public Members.  Other members of the delegation came from the Department of State, the Department of Justice, and the Helsinki Commission.  The United States Delegation engaged fully in the 2-day meeting, making presentations in all formal sessions and side events, holding bilateral meetings, and conducting consultations with non-governmental organizations.  Assistant Attorney General Dan Bryant was a keynote speaker. Although the meeting was mandated to examine the relationship between hate propaganda on the Internet and hate crimes, few participants actually discussed the nexus between these two phenomena.  For many participants, the existence of a cause-and-effect relationship was simply an article of faith or intuition, and did not lead to an exploration of the nature of that relationship.  As a consequence, the meeting made only a marginal contribution to an understanding of which populations might be most vulnerable to the influence of hate propaganda, whether hate propaganda on the Internet fosters some particular kinds of hate crimes more than others, or whether the effect of hate propaganda on the Internet plays a different role in fostering violent crimes than, for example, weak law enforcement or public officials who make or refuse to condemn racist, anti-Semitic or xenophobic remarks.  It is not clear whether web-based hate propaganda is related to spikes in hate crimes that have occurred in some countries in recent years, or why, as seems to be the case, some places with unfettered Internet access have relatively lower levels of hate crimes than other places with similarly unfettered Internet access. Nevertheless, participants did address a broad range of subjects related to hate propaganda, hate crimes and the Internet over the course of the two days.  Formal sessions focused on “Legislative Framework, Including Domestic and International Legislation Regarding Propaganda on the Internet and Hate Crimes,” “The Nature and Extent of the Relationship between Racist, Xenophobic and anti-Semitic Propaganda on the Internet and Hate Crimes,” “Public and Private Partnerships in the Fight Against Racism, Xenophobia and Anti-Semitism on the Internet – Best Practices,” and “Promoting Tolerance on and through the Internet – Best Practices to Educate Users and Heighten Public Awareness.”   Side events were held on “Guaranteeing Media Freedom on the Internet,” “‘The IN@CH Network’ - Dealing with Cyber Hate on a Daily Basis,” “Identifying Examples of Hate Speech: A BBC Monitoring Project,” “Filtering: Princip, the Solution that goes beyond Key Words,” “Satellite Television and Anti-Semitism: How to Combat the Dissemination in Europe of Racist and Anti-Semitic Propaganda through Satellite Television?” and “Promoting Awareness of Anti-Semitism in the European Classroom: Teacher Training, Curricula, and the Internet.” A number of speakers, including U.S. Government representatives, discussed the legal mechanisms for action that might be taken when hate propaganda rises to the level of a crime in and of itself, such as when the hate propaganda constitutes a threat or incitement to a criminal action.  Many speakers discussed the role of non-governmental organizations in monitoring and facilitating the removal of hate sites from the web when they violate the terms of agreements with their Internet service providers (ISPs).  Some participants described ways in which the pernicious effects of hate speech can be mitigated or countered.  For example, a Canadian non-governmental organization, Media Awareness Network, made a presentation on programs in Canadian schools designed to teach children to distinguish between hate propaganda sites and legitimate information sources.  Vividly illustrating the challenges and risks for those organizations which monitor and report on the activities of extremist hate groups, the offices of People Against Racism, a Slovak non-governmental organization that participated in Paris meeting, were burned out only weeks before the meeting opened. Although there was broad agreement on the goal of combating hate propaganda, some participants flagged concerns about the methods that might be used to that end.  For example, industry representatives provided some insight regarding difficulties faced due to the technological challenges of tracking, filtering, or blocking hate propaganda transmitted through the Internet, emails, or text messaging.  Some concepts of regulation, they argued, could not be effectively implemented given the state of current technology.  Asking ISPs to be responsible for screening all content on the web is not feasible, anymore than making telephone companies responsible for everything that gets said over the telephone. A few participants drew attention to factors other than hate propaganda on the Internet that may contribute to hate crimes.  A Russian non-governmental representative, for example, remarked that there was more anti-Semitism in the Russian State Duma than on Russian-language web sites.  And, illustrating the complexities of deciding exactly what constitutes hate propaganda, one non-governmental representative argued that evangelical Christian sites that reach out to Jews should be considered anti-Semitic.  Similarly, the Russian delegation identified the web sites of the Jehovah’s Witnesses and Hare Krishnas as “promoting hate doctrines.” Other concerns were voiced as well.  Some non-governmental groups suggested that ISPs were ill-suited to determine whether web sites constituted hate propaganda or not.  One described an ISP that removed an innocuous site devoted to English philosopher John Stuart Mill after that non-governmental organization – testing the bases upon which ISPs would act – urged the ISP to take down the allegedly racist site. Regulation of hate propaganda by ISPs, they concluded, lacked transparency and accountability. Some speakers warned that combating hate propaganda could be used as a pretense for sanctioning views disfavored by the regime.  The International League for Human Rights suggested that states with “weak democratic institutions and traditions” should not be entrusted with additional powers of control beyond those that already exist.  Indeed, some speakers argued there have already been instances where laws against incitement to racial hatred (or similar laws) have been misapplied for political or other purposes.  The ongoing fight against terrorism, they suggested, increases that danger.  In fact, only days after the Paris meeting concluded [June 22], the Paris-based watchdog Reporters without Borders released a report entitled “Internet Under Surveillance,” documenting repression of the Internet around the globe.  One of the U.S. recommendations made during the meeting was that the OSCE Representative on Freedom of the Media should examine whether hate speech laws are being enforced in a discriminatory or selective manner or misused to suppress political dissent.  The full texts of statements circulated at the Paris meeting by the United States and other participants are available through the OSCE’s Internet web site at http://www.osce.org/events/conferences/anti-racism. One of the sub-texts of the meeting was the putative “Atlantic Divide.” In the context of discussions of “cyber hate” and hate crimes, this phrase was used to describe the perceived gulf between the United States’ and Europe’s approaches to hate propaganda.  According to the adherents of the “Atlantic divide” theory, the United States is a free-speech Wild West, where speech has no limitations or legal consequences.  “Europe,” in contrast, is portrayed as a unified region speaking with one voice, populated by those who have wisely learned from the horrors of World War II that dangerous speech can and must be sanctioned and that governments are easily capable of performing this task and do so as a matter of course.  The “Atlantic Divide” perception was fostered by Robert Badinter, former French Minister of Justice and current president of the OSCE Court of Arbitration and Conciliation, who, in a keynote address, dramatically appealed to the United States to “stop hiding behind the first amendment.” Others, however, implicitly or explicitly rejected this overly simplistic image.  In the United States, a long chain of legal authority recognizes that the right to free speech and freedom of expression is not absolute.  As U.S. Public Member Robert Rychlak noted, “When speech crosses the line and becomes more than speech – when it presents a clear and present danger – the authorities must be prepared to step in and take legal action.  At that time, the speech may constitute an actual threat, true harassment, or be an incitement to imminent lawlessness.”  Department of Justice officials separately gave examples of numerous recent cases where individuals were prosecuted for sending email messages that rose to the level racially motivated threats.  While it is important not to over-read these or related cases – criminal sanctions based purely on one’s opinion remain prohibited – they should dispel the misimpression that there are no limitations whatsoever on speech or the consequences of speech in the United States. Conversely, the context of the meeting also provided an opportunity to reflect on the image of Europe as a continent uniformly bound in a single regulatory approach to hate speech.  In reality, the national laws relating to hate speech of individual European countries vary considerably; what constitutes prohibited speech in one country may be permitted in the next.  Moreover, both national courts and the European Court of Human Rights apply balancing tests to speech restrictions that, while not identical to balancing tests applied by U.S. courts, are not entirely dissimilar.  The Hungarian Constitutional Court, for example, in May 2004 held that a proposed hate speech law would violate the free speech provisions of the Hungarian Constitution.  Just before the opening of the Paris meeting, on June 13, the French Constitutional Council struck down parts of a new law governing communication over the Internet (adopted to implement a June 8, 2000, European Union directive on electronic commerce). The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce.

  • Helsinki Commission Briefing Sheds Light on Russia's Human Rights Situation

    By John Finerty CSCE Staff Advisor On June 7, 2004, the United States Helsinki Commission held a briefing with four prominent Russian human rights activists to examine the state of human rights and civil liberties in the Russian Federation.  Entitled “Russia: Are Rights in Retreat?,” the briefing covered such topics as elections, Chechnya, religious liberty, media freedom and the overall functioning of the legislative and judicial branches. The briefing was a follow up to the Commission’s May 20th hearing on “Human Rights in Putin’s Russia.” The briefing panel included Ludmilla Alexeeva, Chairwoman of the Moscow Helsinki Group and President of the International Helsinki Federation for Human Rights.  Other participants were Arseni Roginsky, Chairman of the International Memorial Society; Alexei Simonov, Head of the Glasnost Defense Fund; and Mara Polyakova, Director of the Independent Council for Legal Expertise. Commission Deputy Chief of Staff Ronald J. McNamara began the briefing with a moment of silence to honor the passing of President Ronald Reagan, a “stalwart supporter of freedom and human rights.” McNamara noted the timeliness of the briefing given Russian President Vladimir Putin’s U.S. visit to Sea Island, Georgia, for the G-8 Summit.  He stated that despite Putin’s claim that “nothing will stop Russia” in its quest for economic and democratic freedom, some of Putin’s comments in his State of the Federation address had raised concerns over the Kremlin’s commitment to promote civil society in Russia.  Putin’s accusations of NGOs seeking outside funding and not addressing serious issues were particularly troubling insofar as they may signal the beginning of a crackdown against NGOs in Russia.  Mr. McNamara also referenced the growing problem of “spy mania,” with potentially chilling implications for Russia’s academics and scientific community. Arseni Roginsky began his remarks by stating that the trend in Russia over the past few years has been marked by “the efforts of the powers-that-be to destroy the isolated islands of independence and democracy that still continue to exist in Russia.”  Specifically, Roginsky pointed to the new Russian law limiting public demonstrations and a new law on referenda.  In sentiments echoed by other panelists, he decried the emergence of “made-to-order” elections controlled almost exclusively by the Putin administration and moneyed interests. Ms. Alexeeva later reiterated the concern about the changes on referenda, noting that even if the requisite two million signatures can be garnered, under the new law she believes mid-level Russian bureaucrats will be able to stop indefinitely the progress of a referendum. While the Putin administration has been quick to point to the Russian Constitution and its promise of free speech, Roginsky and panelist Alexei Simonov both claimed that this de jure right does not exist in reality.  According to Simonov, while Russians may be legally entitled to say or print controversial statements, these sentiments are ignored by the powers-that-be. He contended that “[freedom of speech] means not only to shout out but to be heard.”  According to Simonov, there are only four independent-minded Russian magazines with a combined circulation of around 500,000. Smaller such newspapers exist as well, but the costs of protecting against defamation suits, which number more than 50 per month according to Simonov, make it increasingly hard for them to stay in business.  He also stated that most editorials in newspapers are written by what amount to essentially local bureaucrats; most newspapers rely on government or private funding, making them hardly free and independent.  Simonov estimates that only 10 to 15 percent of newspapers are self-sustaining. “Most of them take money from somewhere, and each has this special somewhere, but nobody wants to speak of these ‘somewheres,’” he concluded. Related to this issue is more direct government control over radio and television broadcasts which are the main source of information for most Russians. Ms. Alexeeva and other panelists asserted that “government-controlled media reported those campaigns [in 2003/2004] in an utterly biased way,” denying access to opposition candidates and giving the United Russia Party extensive coverage. Another common theme throughout the briefing was the lack of judicial independence or reform. Mr. Roginsky prefaced the topic by noting that “…the court system is under great influence of the nationalistic, patriotic ideology that is flourishing in Russia at this time.” He specifically spoke of a recent case involving four Russian soldiers who admitted to killing six Chechen civilians by mistake and then attempting to cover it up.  In Mr. Roginsky’s words, “The jury and the courts did state that indeed the murder had taken place; the people were killed. The people who were being tried were those who perpetrated the killing; however, they were not [found] guilty.” Mara Polyakova spoke extensively about judicial reform.  She admitted that new democratic laws are being passed which reflect democratic principles, but the mechanisms needed to implement these principles are often lacking or are thwarted.  She also stated that prisoners in Russia are tortured and that court records are still falsified.  “The judges are still dependent in spite of the fact that their independence was loudly proclaimed in the constitution and other laws, because the real power remains in the hands of the chairmen of the courts who are part of or prone to influence by the executive,” Polyakova said. Speaking specifically on the war in Chechnya, Roginsky described the large number of Chechen civilians abducted or kidnapped monthly, and the one-sided propaganda about the conflict emanating from the state-controlled media. However, Mr. Roginsky denied that the term “genocide” applies to the current Chechen situation (as opposed to the 1944 deportations), calling it instead state-sponsored terror.  In response to a question regarding cutbacks in U.S. assistance for democracy programs in Russia, Simonov said, “Americans do not quite correctly understand what is happening in Russia.  They seem to like the democratic record of the current Russian Government, and they seem to be taking this rhetoric as the truth.”  On a similar note, he later recommended that U.S. officials and international organizations should “never take at face value anything said by officials in Russia.” Mr. McNamara raised the religious freedom issue, specifically the labeling of non-Russian Orthodox groups as “non-traditional religions” and the court-ordered “liquidation” of the Jehovah’s Witnesses organization in Moscow, despite federal recognition.  Ms. Alexeeva responded by saying that it would appear the Russian Orthodox Church is striving to become a state religion as it once was.  The panelists were pessimistic about the chances of a successful appeal of the recent Moscow court decision against the Jehovah’s Witnesses, although Simonov suggested that any pressure from President Bush during the G-8 Summit might have an impact. Despite the comments of the panelists painting a fairly bleak picture of the state of civil and human rights in Russia, Ms. Alexeeva did caution that “if you look from the outside in, everything seems to be more frightening than when you are on the inside of that state. I don’t think the fascist system is being created in our country, and even less that it has already been created.” In closing the briefing, Mr. McNamara sought to put events in perspective by recalling that in November 1986 there were 700 known Soviet political prisoners and prisoners of conscience as well as tens of thousands of divided families in the U.S.S.R.  He noted that all of those prisoners had been released and many of those emigration cases resolved by January 19, 1989, President Reagan’s final day in office. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Nicholas Adams contributed to this article.

  • The War in Chechnya and Russian Civil Society

    This briefing was held in light of recent verbal attacks by President Putin and other Russian officials on human rights organizations and their funding sources that raised concerns about the future of Russian NGOs that may be viewed by the government as politically hostile.  Regarding Moscow’s conduct of the war in Chechnya, the Commission recognized Russia’s right to defend its territorial integrity, but asserted that territorial integrity can be preserved without resorting to the brutal methods employed by some members of the Russian military and the pro-Moscow Chechnya militia. Valentina Melnikova, National Director of the Union of Committees of Soldiers’ Mothers of Russia and Natalia Zhukova, Chairperson of the Nizhny Novgorod Committee of Soldiers’ Mothers testified at this briefing. The “Committees of Soldiers’ Mothers” has become the largest NGO in Russia as an umbrella organization embracing nearly 300 groups and thousands of members. The Committees of Soldiers’ Mothers have opposed the Kremlin’s conduct of the war in Chechnya and have accused the Russian Government of consistently under-reporting the number of Russian military casualties in the conflict.

  • The Middle East: Would the Helsinki Process Apply?

    This hearing, presided over by Commissioner Chris Smith, discussed the prospect of having an OSCE-like organization that would apply to the Middle East. While Rep. Smith acknowledges the argument that a mechanism like the OSCE for the Middle East would not be appropriate, due to the fact that it is a different region, and, of course, such a thing would be agreed upon at a different time, there is an argument to be made that the substantial gulf between the Soviet Union and the U.S. and the gulf that exists among many Middle Eastern countries is are analogous. In fact, a provision of the bilateral treaty between Israel and Jordan envisioned the possibility of creation of a Helsinki-like framework for the Middle East. Issues, however, are likely to arise, such as: To what extent are leaders from the Middle East willing to take ownership of such a process? Is Islam compatible with democratic governance? Would such a process be comprehensive? Which countries would or should be involved?

  • Russia: Are Rights in Retreat?

    The Helsinki Commission briefing occurred in conjunction with Russian President Vladimir Putin’s visit to the United States to attend the G8 Summit and focused on the status of democratic progress, human rights, civil liberties, and press freedom in Russia since the collapse of the Soviet Union. The consequences of President Putin’s ascent to power and elements of his government determined to reverse Russia’s direction and institute more authoritarian policies were among several topics that were discussed. Four prominent Russian human rights activists – including Ludmilla Alexeeva, Chairwoman of the Moscow Helsinki Group, and President, International Helsinki Commission for Human Rights; Arseni Roginsky, Chairman of the International Memorial Society; Alexei Simonov, Head of the Glasnost Defense Foundation and Mara Polyakova, Director of the Independent Council for Legal Experts – gave their assessment of the human rights situation in Russia today, including specific cases of particular interest.

  • Confronting Anti-Semitism in the OSCE Region

    Mr. President, I rise today to submit a resolution supporting the ongoing important work of the Organization for Security and Cooperation in Europe (OSCE) in combating anti-Semitism, racism, xenophobia, discrimination, intolerance and related violence. As Co-Chairman of the Helsinki Commission, I remain concerned over manifestations of anti-Semitism that prompted me to introduce S. Con. Res. 7, a bipartisan initiative that unanimously passed the Senate last May. That measure provided impetus to efforts to confront and combat anti-Semitic violence in the OSCE region, the subject of a May 2002 Helsinki Commission hearing.   The resolution I submit today is aimed at building upon these efforts. The OSCE and its participating States have done much to confront and combat the disease of anti-Semitism and intolerance, and I urge our government and all other OSCE countries to continue their efforts with vigor and determination. Much of what has been accomplished can be attributed to U.S. leadership, especially to the work of U.S. Ambassador to the OSCE, Stephan M. Minikes, and his team in Vienna.   Last month the OSCE convened an historic conference in Berlin focused on anti-Semitism and violence against Jews and Jewish institutions and tools to combat this age old problem. The U.S. delegation was represented at the highest level with the participation of Secretary of State Colin L. Powell. The conference brought together elected officials and NGOs from around the globe in common support of efforts to fight anti-Semitism.   The resolution I am submitting today follows up on several of the initiatives from Berlin. The conference was punctuated with the ``Berlin Declaration,'' a statement given by the Bulgarian Chairman-in-Office, Foreign Minister Solomon Passy, during the closing plenary session. In addition to declaring that ``international developments or political issues, including those in Israel or elsewhere in the Middle East, never justify anti-Semitism,'' the Declaration advanced efforts to monitor anti-Semitic crimes and hate crimes, as all OSCE participating States committed to ``collect and maintain'' statistics about these incidents and to forward that information to the OSCE's Office for Democratic Institutions and Human Rights (ODIHR) for compilation. The resolution urges all participating States to ensure these promises are fulfilled, and calls upon the Bulgarian Chairman-in-Office to designate a ``personal envoy'' to monitor compliance with these commitments.   The resolution also speaks to the importance of confronting instances of racism, discrimination and xenophobia wherever it occurs. It is important to note that in September, the OSCE will convene a meeting on these matters, the Brussels Conference on Tolerance and the Fight against Racism, Xenophobia and Discrimination. This meeting is very important, as no OSCE participating State is immune from these evils.   As Co-Chairman of the Helsinki Commission, I have been impressed by the efforts of the OSCE and its participating States to address issues of anti-Semitism and intolerance. However, the time for words has passed, and I urge all OSCE countries, including the United States, to take real action. This resolution highlights several areas where steps can and should be taken. I urge bipartisan support and speedy passage of this measure.   S. Con. Res. 110   Whereas anti-Semitism is a unique evil and an affront to human rights that must be unequivocally condemned, and a phenomenon that, when left unchecked, has led to violence against members of the Jewish community and Jewish institutions;   Whereas racism, xenophobia, and discrimination are also pernicious ills that erode the dignity of the individual and such intolerance undermines the achievement and preservation of stable democratic societies;   Whereas to be effective in combating these phenomena, governments must respond to related violence while seeking to address the underlying sources of anti-Semitism, racism, xenophobia, discrimination, intolerance, and related violence through public denouncements by elected leaders, vigorous law enforcement, and education;   Whereas all Organization for Security and Cooperation in Europe (OSCE) participating states must confront acts of anti-Semitism and intolerance, and must deal effectively with acts of violence against Jews and Jewish cultural sites, as well as against ethnic and religious minority groups, in keeping with their OSCE commitments;   Whereas education is critical in overcoming intolerance and it is essential that those responsible for formulating education policy recognize the importance of teaching about the Holocaust and intolerance as a tool to fight anti-Semitism, racism, xenophobia, and discrimination among young people;   Whereas ensuring proper training of law enforcement officers and military forces is vital in keeping alive the memory of the Holocaust and to the importance of understanding and responding to incidents of anti-Semitism and intolerance;   Whereas OSCE participating states have repeatedly committed to condemn anti-Semitism and intolerance, foremost in the historic 1990 Copenhagen Concluding Document that, for the first time, declared ``participating [s]tates clearly and unequivocally condemn totalitarianism, racial and ethnic hatred, anti-Semitism, xenophobia and discrimination against anyone,'' and stated their intent to ``take effective measures . . . to provide protection against any acts that constitute incitement to violence against persons or groups based on national, racial, ethnic or religious discrimination, hostility or hatred, including anti-Semitism'';   Whereas the OSCE Parliamentary Assembly has demonstrated leadership by unanimously passing resolutions at its annual sessions in 2002 and 2003 that condemn anti-Semitism, racial and ethnic hatred, xenophobia, and discrimination and call upon participating states to speak out against these acts and to ensure aggressive law enforcement by local and national authorities;   Whereas the 2002 Porto OSCE Ministerial Council Decision committed participating states to ``take strong public positions against . . . manifestations of aggressive nationalism, racism, chauvinism, xenophobia, anti-Semitism and violent extremism,'' specifically condemned the ``recent increase in anti-Semitic incidents in the OSCE area, recognizing the role that the existence of anti-Semitism has played throughout history as a major threat to freedom,'' and urged for the ``convening of separately designated human dimension events on issues addressed in this decision, including on the topics of anti-Semitism, discrimination and racism and xenophobia'';   Whereas the 2003 OSCE Vienna conferences on anti-Semitism and racism, xenophobia, and discrimination were groundbreaking, as the OSCE and its participating states met to discuss ways to combat these destructive forces;   Whereas the 2003 Maastricht Ministerial Council approved follow-up OSCE conferences on anti-Semitism and on racism, xenophobia and discrimination, and encouraged ``all participating [s ]tates to collect and keep records on reliable information and statistics on hate crimes, including on forms of violent manifestations of racism, xenophobia, discrimination, and anti-Semitism,'' as well as to inform the OSCE Office of Democratic Institutions and Human Rights (ODIHR) ``about existing legislation regarding crimes fueled by intolerance and discrimination'';   Whereas at the 2004 OSCE Conference on Anti-Semitism, hosted in the German capital, the Bulgarian Chairman-in-Office issued the ``Berlin Declaration'' which stated unambiguously that ``international developments or political issues, including those in Israel or elsewhere in the Middle East, never justify anti-Semitism'';   Whereas the Berlin Declaration advances the process of monitoring of anti-Semitic crimes and hate crimes, as all OSCE participating states committed to ``collect and maintain'' statistics about these incidents and to forward that information to the ODIHR for compilation;   Whereas during the closing conference plenary, the German Foreign Minister and others highlighted the need to ensure all participating states follow through with their commitments and initiate efforts to track anti-Semitic crimes and hate crimes; and   Whereas the Government of Spain offered to hold a follow-up meeting in Cordoba in 2005 to review whether OSCE participating states are making every effort to fulfill their OSCE commitments regarding data collection on anti-Semitic crimes and hate crimes: Now, therefore, be it   Resolved by the Senate (the House of Representatives concurring), That it is the sense of Congress that--   (1) the United States Government and Congress should unequivocally condemn acts of anti-Semitism and intolerance whenever and wherever they occur;   (2) officials and elected leaders of all Organization for Security and Cooperation in Europe (OSCE) participating states, including all OSCE Mediterranean Partner for Cooperation countries, should also unequivocally condemn acts of anti-Semitism, racism, xenophobia, and discrimination whenever and wherever they occur;   (3) the participating states of the OSCE should be commended for supporting the Berlin Declaration and for working to bring increased attention to incidents of anti-Semitism and intolerance in the OSCE region;   (4) the United States Government, including Members of Congress, recognizing that the fundamental job of combating anti-Semitism and intolerance falls to governments, should work with other OSCE participating states and their parliaments to encourage the full compliance with OSCE commitments and, if necessary, urge the creation of legal mechanisms to combat and track acts of anti-Semitism and intolerance;   (5) all participating states, including the United States, should forward their respective laws and data on incidents of anti-Semitism and other hate crimes to the OSCE Office for Democratic Institutions and Human Rights (ODIHR) for compilation and provide adequate resources for the completion of its duties;   (6) the United States should encourage the Bulgarian Chairman-in-Office, in consultation with the incoming Slovenian Chairman-in-Office, to consider appointing a high level ``personal envoy'' to ensure sustained attention with respect to fulfilling OSCE commitments on the reporting of anti-Semitic crimes;   (7) the United States should urge OSCE participating states that have not already done so to join the Task Force for International Cooperation on Holocaust Education, Remembrance, and Research; and   (8) all OSCE participating states should renew and revitalize efforts to implement their existing commitments to fight anti-Semitism and intolerance, and keep sharp focus on these issues as part of the usual work of the OSCE Permanent Council, the Human Dimension Implementation Review Meeting, the Ministerial Council and summits.

  • Helsinki Commissioners Active at Parliamentary Assembly Winter Meeting

    Approximately 250 parliamentarians from 50 OSCE participating States met February 19-20 in Vienna for the third annual Winter Meeting of the OSCE Parliamentary Assembly.  The United States delegation was headed by Rep. Christopher H. Smith (R-NJ), Chairman of the United States Helsinki Commission.  Also participating were Ranking House Member Rep. Benjamin L. Cardin (D-MD) and Commissioner Rep. Alcee L. Hastings (D-FL).  Former Commission Chairman Rep. Steny H. Hoyer (D-MD) also attended. At the Vienna Meeting, OSCE PA President Bruce George appointed Chairman Smith as his Special Representative on Human Trafficking Issues.  Smith will serve as the Assembly’s point person for collecting information on human trafficking in the OSCE region; promoting dialogue within the OSCE on how to combat human trafficking; and, advising the Assembly on the development of new anti-trafficking policies.  Over the past five years, Chairman Smith has provided considerable leadership in raising human trafficking concerns within the Assembly.  In Congress, Smith sponsored the “Victims of Trafficking and Violence Protection Act,” which enables the U.S. Government to prosecute offenders and provides resources to help victims of trafficking rebuild their lives. Ranking House Member Benjamin L. Cardin, who chairs the Assembly’s Committee on Economic Affairs, Science, Technology and Environment, led a panel discussion on economic challenges and opportunities in the Republic of Georgia following the historic “Revolution of the Roses.”  OSCE PA Vice-President and Speaker of the Georgian Parliament, Nino Burjanadze, described her experience as Acting President of the country after the resignation of former President Eduard Shevardnadze following flawed elections in late 2003.  Speaker Burjanadze stated emphatically that the revolution was unavoidable and inevitable because corruption had been so overwhelming that it was a threat to Georgia’s national security.  She reviewed the steps the new government is taking to combat corruption and strengthen democratic institutions and the rule of law.  Joining Burjanadze was Ambassador Roy Reeve, Head of the OSCE Mission in Georgia.  The Committee was also addressed by the OSCE Coordinator for Economic and Environmental Activities, Dr. Marcin Swiecicki, and Committee Rapporteur Dr. Leonid Ivanchenko. Commissioner Rep. Alcee L. Hastings, who serves as one of nine Assembly Vice Presidents, held a series of meetings with delegations in Vienna in his bid for the presidency of the OSCE PA that will be decided in elections to take place in early July at the Edinburgh Annual Session.  Hastings also met with the leadership of the various political groups -- the Conservatives, Greens, Liberals, and Socialists.  He discussed his plans for future development of the Assembly and its relationship with the governmental side of the OSCE.  Rep. Hoyer chaired the Assembly’s Ad Hoc Committee on Transparency and Accountability, which discussed ways to further improve relations between the parliamentary and governmental parts of the OSCE, including regular access for Ambassador Andreas Nothelle, Permanent OSCE PA Representative in Vienna, to all OSCE meetings.  Discussion also focused on streamlining Assembly declarations of the annual sessions as a means of enhancing the OSCE PA’s influence on the work of the Permanent Council in Vienna.  The committee concluded that a limited number of recommendations should be included in forthcoming declarations sent to the PC each year, coupled with a significant reduction in preamble language.  Members of the U.S. delegation were also briefed by U.S. Ambassador to the OSCE Stephan M. Minikes and Ambassador Andreas Nothelle on issues of concern in Vienna.  A bilateral meeting was held with Head of the French delegation Mr. Michel Voisin and French Ambassador to the OSCE Yves Doutriaux to discuss the recent French ban on wearing headscarves, yarmulkes, crucifixes and other obvious religious symbols in public schools.  ODIHR Director Ambassador Christian Strohal discussed human dimension issues, including the future of election observations and budget issues, as well as programs dealing with human trafficking and anti-Semitism. Bulgarian Ambassador and Chairman-in-Office Representative Ambassador Ivo Petrov outlined the CiO’s plan for 2004 and issues around the anti-Semitism program and anti-trafficking initiatives.  The delegation was also briefed by Helen Santiago Fink of the OSCE Economic Coordinator’s Office, who addressed the economic dimension of trafficking in persons.  Dr. Andreas Khol, President of the Austrian Nationalrat, welcomed the opening of the Winter Meeting for its ability to encourage “intensified dialogue and co-operation between the governmental and parliamentary dimensions of the OSCE.” OSCE Chairman-in-Office Dr. Solomon Passy who is Bulgaria’s Foreign Minister gave his overview of the priorities of the Bulgarian Chairmanship for 2004. Other OSCE officials made presentations, including Chair of the Permanent Council and Representative of the Chairman-in-Office Bulgarian Ambassador Ivo Petrov; Chair of the Forum for Security Cooperation, Coordinator for OSCE Economic and Environmental Activities Ambassador Marcin Swiecicki; OSCE High Commissioner for National Minorities Ambassador Rolf Ekééus; a representative from the office of the OSCE Representative for Freedom of the Media; Director of the Office for Democratic Institutions and Human Rights Ambassador Christian Strohal; and OSCE Secretary General Ambassador Jan Kubis. All presentations were followed by question and answer sessions. Each of the rapporteurs of the three General Committees discussed their draft reports for the forthcoming OSCE PA Annual Session this July in Edinburgh, Scotland.  All have focused their reports on the theme for the annual session, “Co-operation and Partnership: Coping with New Security Threats.” The ninth OSCE Prize for Journalism and Democracy was presented to the New York-based NGO Committee to Protect Journalists, represented by Executive Director Ann Cooper.   The United States Helsinki Commission, an independent agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission created in 1976, is composed of nine Senators, nine Representatives, and one official from the Departments of State, Defense, and Commerce.

  • Bulgarian Foreign Minister Passy Testifies before Commission

    By Orest Deychakiwsky CSCE Staff Advisor The United States Helsinki Commission convened its first hearing of 2004, featuring the testimony of Bulgarian Foreign Minister Solomon Passy early in his tenure in his capacity as Chairman-in-Office of the Organization for Security and Cooperation in Europe. Accompanying Minister Passy were Ambassador Ivan Naydenov, Director of the OSCE section of the Bulgarian Foreign Ministry and personal representative of the Chairman-in-Office; Elena Poptodorova, Ambassador of the Republic of Bulgaria to the United States; and Richard Murphy, Spokesman for the OSCE.  Minister Passy, appearing before the Commission on February 26, laid out his goals of implementing OSCE commitments in the war on terrorism, focusing on the human dimension and managing regional conflicts. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) opened the hearing by extending his heartfelt condolences on behalf of Members of the Commission to Minister Passy regarding the tragic death of his colleague and personal friend, President Boris Traikovsky of Macedonia. Passy began his testimony with the question of the relevance and the current role of the OSCE considering the end of the Cold War and the existence of organizations such as NATO, the European Union, and the NATO-Russia Council. The Bulgarian Foreign Minister noted the uniqueness of the OSCE as the only organization providing a comprehensive security model founded on the values of respect for human rights and promotion of democratic institutions. Though less than three decades old, the OSCE has proven its ability to tackle the challenges of conflicts in Eastern Europe, the Balkans, and Central Asia.  Notable are the OSCE's efforts to end the civil war in Tajikistan and the secessionist armed conflict in Transdniestria, and rebuilding the war-torn societies in the Balkans. With 18 field missions, the OSCE remains, according to Passy, “the most comprehensive security forum.” Minister Passy stressed that the war on terrorism is one of his top priorities. He focused on issues such as airport security, policing, and secure travel documents as potentially helpful tools in thwarting the spread of terrorism.  In order to achieve this goal, the OSCE organized an inter-governmental conference where practitioners and security experts shared their ideas on improving the safety and security of aircraft.  The OSCE also launched an Internet-based network, designed to facilitate cooperation between security experts and help match resources with needs.  The Chairman-in-Office cited policing as “the perfect OSCE issue, bringing together security and human rights.” He commended American police officers for providing outstanding service in OSCE police reform efforts and their contribution to the establishment of an “accountable police force that is trusted by the population and does not have to resort to brutality or torture to solve crimes.” Minister Passy reaffirmed his commitment to continue the battle against anti-Semitism, racism, and xenophobia, informing the Commission of three important events that will help address these problems which continue to plague many participating States.  In April, a conference on anti-Semitism will take place in Berlin, followed by a September conference on tolerance and xenophobia in Brussels.  A June meeting in Paris will address the relationship between xenophobic and anti-Semitic propaganda on the Internet and hate crimes.  Chairman Smith, strongly supported by Ranking House Commissioner Rep. Benjamin L. Cardin (D-MD), urged Passy to follow up on the Berlin conference with robust action. "'Never again' has to mean 'never again' in all of its vicious manifestations," Chairman Smith proclaimed. On the issue of trafficking in human beings, the Bulgarian Chairman-in-Office focused on the problem of countries of destination. “A firm and persistent police clampdown on the work of traffickers in the Western cities would send a clear message to these criminal gangs that their evil work will not be tolerated,” said Passy.  Chairman Smith echoed this sentiment by citing the estimated 18,000-20,000 victims trafficked annually into the United States.  Passy also emphasized that the OSCE must undertake a special commitment of prosecuting traffickers -- and anyone else associated with this evil trade -- while treating victims with dignity and compassion. Chairman Smith asked the Bulgarian Foreign Minister to devote special attention to the March parliamentary elections in Georgia, underscoring the importance that these elections be carried out in a free and open manner.  Passy commended the OSCE mission in Georgia for doing a remarkable job in monitoring the border with Chechnya and assisting in the destruction of the Soviet stockpiles of ammunition. Smith similarly urged that the OSCE conduct close observation of the upcoming elections in Belarus and Ukraine. He insisted that an open and free media must be allowed to cover the election process and provide access to the voices of the opposition candidates; otherwise, the results of the elections will be predetermined.  In response, Minister Passy stressed that the involvement of the OSCE in the election process is indispensable and mentioned his upcoming trip to Ukraine, where he planned to meet with both government officials and the opposition. With regard to Belarus, Chairman Passy stated he “shared the view that the necessary conditions for free elections [need to] be created” and noted that the Office for Democratic Institutions and Human Rights (ODIHR) plans to monitor  parliamentary elections expected this Fall. The Chairman-in-Office also noted the OSCE’s determination to end the ongoing conflict between Moldova and the secessionist region of Transdniestria. Mediators held two meetings in Sofia and Belgrade during which the conflicting parties resumed negotiations. Commissioner Cardin posed a question on the possible re-engagement of OSCE activities in Chechnya. Minister Passy stated that during his recent meeting with then-Foreign Minister Ivanov, Russia was the first to address this issue and even suggested a list of concrete projects, the scope and details of which are still being discussed.  Passy promised to keep the Commission informed of any related developments. The Bulgarian CIO said he also plans to promote the issue of education throughout the remainder of his year in office.  Although it is an issue that has not received much attention in the OSCE, Passy said that “education and training are vital for empowering individuals and groups with the capacity to resolve conflict in a peaceful manner.” The first Supplementary Human Dimension Meeting was devoted to this subject. The hearing concluded with Minister Passy’s personal vision for the future of the OSCE.  He called for a stronger focus on OSCE activities in the Caucasus and Central Asia.  Additionally, he suggested that the OSCE should reach out to countries beyond its scope, such as Afghanistan and Iraq, which could benefit from the comprehensive security model offered by the OSCE. An unofficial transcript of the hearing is available through the Helsinki Commission’s Internet site at http://www.csce.gov. The United States Helsinki Commission, an independent agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission created in 1976, is composed of nine Senators, nine Representatives, and one official from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Irina Smirnov contributed to this article.

  • OSCE Commitments on Trafficking in Human Beings - Russian

  • Welcoming the Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization

    Madam Speaker, I join my colleagues in strong support of House Resolution 558, welcoming the accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization.   During my tenure in Congress, I have had considerable interaction with the leaders of these countries, as well as the opportunity to witness the transitions which have occurred. For several of our new NATO allies I first encountered as one-party communist states, as Warsaw Pact adversaries and as "captive nations." As Chairman of the Helsinki Commission, I have closely monitored their human rights performance and encouraged their democratic development. The transition for some has been particularly difficult, particularly with the effects of regional conflicts, political or economic crises. Throughout, their peoples have been our friends. Now, they become our allies.   While we must congratulate these countries, first and foremost, on the progress which brought them to this historic point, we can also take some credit for the investments we decided to make, through the human resources and bilateral assistance which planted the democratic ideals that now have triumphed. In my view, the returns on those investments have been notable.   In addition to these seven new NATO members, the resolution before the House also encourages the three members of the Adriatic Charter to continue their efforts toward eventual NATO membership. I particularly want to comment on Croatia. That country has had a particular challenge since 1990. As Yugoslavia fell apart and Croatia asserted its independence, the country faced not only the challenges of democratic transition but of surviving the Yugoslav conflict. From 1991 to 1995, significant portions of the country were destroyed or occupied. The conflict in neighboring Bosnia led to massive inflows of refugees. Croatia itself was vulnerable to those leaders with highly nationalist and less than democratic instincts.   While all of this slowed their transition, Croatia has rapidly moved--especially since 2000--to meet their democratic potential. In the last elections, a smooth transition in government took place, and we have a bilateral relationship which continues to strengthen over time. In addition, Croatia has become a key contributor to stability in a part of Europe where stability is highly fragile.   It is my hope, Madam Speaker, that we recognize this progress as Croatia seeks membership in NATO. Once Croatia meets the criteria for membership, the invitation to join should be extended. I would hope that the upcoming Istanbul summit will make this clear and mandate an assessment of Croatia's progress in this regard. It would be wrong and counter to U.S. interests to leave Croatia or any other country otherwise qualifying for NATO membership waiting unnecessarily.   I believe that taking this action would also encourage its Adriatic Charter partners, Albania and Macedonia, in meeting the criteria for membership more quickly. Rather than abandon its partners, Croatia will help them make progress as well. Albania and Macedonia are also good friends of the United States and would benefit from this encouragement. Ultimately, Bosnia and Herzegovina and Serbia and Montenegro would benefit as well, all in the interest of European security and, therefore, U.S. security interests.

  • Welcoming the Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization

    Welcoming the Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization   BODY: Madam Speaker, I rise in strong support of H. Res. 558, which welcomes the accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization (NATO).   Earlier this month I celebrated the 86th anniversary of the declaration of independence of Lithuania with my constituents and the Lithuanian Society in Baltimore. I am very enthusiastic about the accomplishments of the Lithuanian people and my optimism for that nation's future. As you know, I am of Lithuanian heritage and share your special interest in Lithuania's development.   I am proud of the United States' strong support for Lithuania through the extension of membership to the NATO alliance, and the continued endorsement for the nation's integration into the European Union. In 2003 the U.S. Senate unanimously ratified Lithuania's inclusion into NATO, and praised Lithuania for "serving as an example to emerging democracies worldwide."   As an invited member of NATO and the European Union, the Republic of Lithuania plays a role in promoting security abroad and in combating international threats. Since 1994, the Lithuanian Armed Forces have demonstrated this commitment by deploying over 1,300 servicemen on missions to the Balkans and, most recently, Afghanistan and Iraq.   Lithuania's accession to NATO really marks the return of Lithuania to the Euro-Atlantic partnership and alliance, as we face the new challenges of the global war on terrorism.   Lithuania has made considerable progress towards a functioning market economy, and has enjoyed some of the highest domestic product growth rates in all of Europe. I am therefore pleased to see that Lithuania will shortly be joining the European Union (EU), which will grow from 15 to 25 members on May 1, 2004.   By joining the EU, the nation will greatly benefit from a larger, more integrated European marketplace. We should continue our partnership to further strengthen Lithuania's economic growth.   I am also pleased to report that in the last decade Lithuania has made great progress in the area of human rights, rule of law, and religious freedom all while pursuing further integration into European political, economic, and security organizations. As a member of Congress, I serve on the Commission on Security and Cooperation in Europe, commonly known as the Helsinki Commission. I also serve as the Chairman of the Economic Committee of the OSCE Parliamentary Assembly. Lithuania, among other countries, has agreed to the terms of the Helsinki Final Act, which calls upon governments to respect religious freedom and minority rights as well as guarantee free speech and political dissent. Lithuania has successfully moved to establish a strong democratic government, holding fair elections since 1991 and supporting an independent judiciary, both of which are critical components for maintaining rule of law and fighting corruption in any country.   Madam Speaker, I am pleased to join my colleagues in supporting this resolution, in saluting the accomplishments of Lithuania and looking forward with great pride and expectation to the future. I urge my colleagues to take a moment to reflect on the unique Lithuanian culture and its contribution to the world.

  • Helsinki Commission Briefing Highlights OSCE's Military Dimension of Security

    By Bob Hand CSCE Staff Advisor The United States Helsinki Commission held a briefing February 11, 2004 to review the work of the Organization for Security and Cooperation in Europe’s Forum for Security Cooperation, particularly during the period in late 2003 when the United States chaired the FSC. The purpose of the briefing was to gauge how the OSCE is responding to the latest changes in the security environment, such as the war on terrorism, weapons proliferation, and regional conflicts involving OSCE states.  The briefing featured James Cox, the Chief Arms Control Delegate of the United States to the OSCE in Vienna. Helsinki Commission Senior Advisor Elizabeth B. Pryor opened the briefing, noting the OSCE’s well-known contribution to security through the promotion of human rights and democratic change.  She stressed, however, that the military dimension of the OSCE should not be overlooked. “Measures such as advance notification of troop maneuvers and observation of military exercises have become such a part of our way of interacting that we too frequently take such transparency for granted,” Ms. Pryor stated.  Capitalizing on the dramatic changes in Europe in the 1990s, the OSCE “expanded the degree of military openness, then encouraged further reductions in force levels and equipment, and placed military institutions under democratic civilian control.” Mr. Cox began by describing the FSC’s creation in 1992 to respond to military questions in the post-Cold War era, such as the change in force levels and the significant shift in the security environment.  Among other things, the Forum has been tasked to establish a web of arms control agreements and confidence- and security-building measures.  The FSC also pursues the implementation of these agreements, develops a security dialogue, and considers norms and standards on such politico-military features of security as civilian control of armed forces and adherence to international humanitarian law. The OSCE made crucial steps toward addressing new threats to security and stability in the 21st century when the United States held the FSC chairmanship from September to December of 2003.  These steps were taken with the realization that the FSC now must expand beyond the limits of arms control and confidence- and security-building measures.   Mr. Cox stressed that the FSC needs to broaden its focus not only to address interstate relations between armed forces of OSCE participating States, but also non-OSCE States.  New security threats to the OSCE region include non-state actors, terrorism, proliferation, and organized crime. Under the United States’ chairmanship, the FSC highlighted the proliferation of arms, the control of man-portable air defense systems, and civil-military emergency preparedness.  With regard to non-proliferation, the United States hosted a number of speakers to suggest ways to curb the spread of weapons of mass destruction. Effective and comprehensive controls for MANPADS were discussed, highlighting the threat posed by these weapons to civil aviation.  The FSC encouraged the participating States to prevent illicit transfers of MANPADS by destroying excess devices.  In addition, the EU, NATO, and UN speakers, and others were invited to the FSC to discuss their disaster response procedures. The OSCE’s Document on Small Arms and Light Weapons, or SALW, contains provisions for the destruction of excess MANPADS.  The provisions also allows states to request assistance on the security and management of stockpiles, encourage the establishment of border controls in order to reduce the transfer of small arms, and provide for the disposal of light arms.  Mr. Cox also discussed initiatives addressing management and destruction of excess stockpiles of ammunition and explosive material, both through better management and destruction.  In closing his presentation, Cox asserted that progress has been made in all spheres of European security, but he did not want to leave “too rosy a picture.”  The FSC is a consensus body which, by its nature, limits what any one country can achieve and has no enforcement capability. Nevertheless, he stressed that the FSC is useful to the 55 participating OSCE countries because it has norm and standard setting capabilities and provides a forum to discuss issues of national interest. During a question-and-answer period, a question was asked about the stance of FSC participants that may be hiding their weapons and stockpiles.  Mr. Cox reiterated that although the FSC has no enforcement capability, its politically binding decisions are to be taken very seriously.  Positive developments have occurred with recent requests for clean-up disarmament assistance, including by Belarus. Another issue raised was the failure of Russia to implement commitments adopted at the 1999 Istanbul OSCE Summit with respect to Moldova and Georgia.  The Istanbul commitments require Russia to remove troops and arsenals from Moldova and close military bases in the Republic of Georgia.  To this day, Russian troops and weapons remain in Moldova and Georgia.  Mr. Cox affirmed that these issues are raised in Vienna.  A related issue is OSCE peacekeeping.  As Cox explained, the notion of OSCE peacekeeping would be difficult to undertake, as the organization lacks the necessary infrastructure to conduct such operations.  Compared to NATO forces and European Union efforts to take on these operations, peacekeeping is on the low end of FSC considerations, and there has been no agreement to go beyond the original OSCE language on the matter developed in 1992. In response to a question regarding Russian military conduct in Chechnya, Cox noted that this is usually discussed as a human rights issue at the Permanent Council.  He did note, however, initiatives within the military dimension, including a Swedish request to observe a Russian military exercise in Dagestan, neighboring Chechnya, which Moscow denied on security grounds, are addressed in the FSC. Finally, Cox was asked about the focus of the 2004 Annual Security Review Conference.   He predicted this second meeting will center on the implementation of counterterrorism measures, including commitments agreed at the Maastricht Ministerial, and further enhancing border security.  The first ASRC was held in 2003 to review select issues such as organized crime, arms trafficking, and terrorism.  It also encouraged the adoption of biometric standards for travel documents as a means to improve border security. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission Interns Colby Daughtry and Erin Carden contributed to this article.

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

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

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