Title

Georgia’s Parliamentary Election: How free and fair has the Campaign been, and how should the U.S. Government Respond?

Thursday, September 20, 2012
12:30pm
2255 Rayburn House Office Building
Washington, D.C., DC 20024
United States
Official Transcript: 
Members: 
Name: 
Hon. Christopher Smith
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Steve Cohen
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Benjamin Cardin
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Thomas Melia
Title: 
Deputy Assistant Secretary of State
Body: 
Bureau of Democracy, Human Rights, and Labor/Department of State
Statement: 
Name: 
Archil Gegeshidze
Title: 
Senior Fellow
Body: 
Georgian Foundation for Strategic and International Studies
Name: 
Ariel Cohen
Title: 
Senior Research Fellow
Body: 
Russian and Eurasian Studies and International Energy Policy
Statement: 
Name: 
Mamuka Tsereteli
Title: 
Professor
Body: 
Center for Black Sea-Caspian Studies at School of International Service at American University

Georgia’s upcoming election will be a critical moment in the country’s development of democratic governance. An energized opposition coalition has posed the first serious challenge in years to the ruling party. The opposition has accused the government of harassment and skewing the playing field, while the government has denied these allegations and charged opposition with violating campaign laws. The atmosphere of the campaign and contending claims has been unusually heated, with both sides employing lobbyists to make their case in foreign capitals, especially Washington.

The focus of the hearing will be on the election’s fairness during the run-up to the vote and vote count, human rights issues connected to the election, and U.S. policy in response. The administration witness, Deputy Assistant Secretary Thomas Melia, has just returned from leading an interagency delegation to Georgia to assess the pre-election environment.

Relevant issues: 
Relevant countries: 
Leadership: 
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    Mr. CARDIN. Mr. President, I want to report on the activities of a bicameral, bipartisan congressional delegation I had the privilege to lead last week as chairman of the Helsinki Commission. The purpose of the trip was to represent the United States at the 19th Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, otherwise known as the OSCE PA. The annual session this year was held in Oslo, Norway, and the U.S. delegation participated fully in the assembly's standing committee, the plenary sessions, the three general committees and numerous side events that included discussion of integration in multiethnic societies and addressing gender imbalances in society.  Although some last-minute developments at home compelled him to remain behind, our colleague from the other Chamber, Mr. Alcee Hastings of Florida, was present in spirit as the deputy head of the delegation. Mr. Hastings, who co-chairs the Helsinki Commission, was very active in the preparations for the trip, and his legacy of leadership in the OSCE PA--for over a decade--is tangible in the respect and goodwill afforded the United States during the proceedings.  Our assistant majority leader, Mr. Durbin of Illinois, joined me on the trip, as he did last year. Our colleague from New Mexico who serves as a fellow Helsinki Commissioner, Mr. Udall, also participated. Helsinki Commissioners from the other Chamber who were on the delegation include Mr. Christopher Smith of New Jersey, serving as the ranking member of the delegation, as well as Mrs. Louise McIntosh Slaughter of New York, and Mr. Robert Aderholt of Alabama. Although not a member of the Helsinki Commission, Mr. Lloyd Doggett of Texas has a longstanding interest in OSCE-related issues and also participated on the delegation.  As many of you know, the OSCE Parliamentary Assembly was created within the framework of the OSCE as an independent, consultative body consisting of over 300 Parliamentarians from virtually every country in Europe, including the Caucasus, as well as from Central Asia, and the United States, and Canada. The annual sessions are held in late June/early July as the chief venue for debating issues of the day and issuing a declaration addressing human rights, democratic development and the rule of law; economic cooperation and environmental protection; and confidence building and security among the participating states and globally.  This active congressional participation helps ensure that matters of interest to the United States are raised and discussed. Robust U.S. engagement has been the hallmark of the Parliamentary Assembly since its inception nearly 20 years ago.  The theme for this year's annual session was ``Rule of Law: Combating Transnational Crime and Corruption.'' In addition to resolutions for each of the three general committees, delegations introduced a total of 35 additional resolutions for consideration, a record number, including 4 by the United States dealing with:  Nuclear security , which followed up directly on the Nuclear Summit here in Washington in April;  The protection of investigative journalists, a critical human rights issue as those who seek to expose corruption are targeted for harassment or worse;  Mediterranean cooperation, building on the OSCE partnerships to engage important countries in North Africa and the Middle East; and  Combating the demand for human trafficking and electronic forms of exploitation, a longstanding Helsinki Commission issue requiring persistence and targeted action.  U.S. drafts on these relevant, important topics received widespread support and were adopted with few if any amendments.  Beyond these resolutions, the United States delegation also undertook initiatives in the form of packages of amendments to other resolutions. 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My colleagues and I were also active in the successful countering of amendments that would have steered resolutions on the Middle East and on the future of the OSCE multilateral diplomatic process in directions contrary to U.S. policy.  Beyond the consideration of the resolutions which now comprise the Oslo Declaration, the annual session also handled some important affairs for the OSCE PA itself. These, too, had relevance for U.S. policy interests:  the American serving as OSCE PA Secretary General, Spencer Oliver, was reappointed to a new 5-year term; a modest--and for the third fiscal year in a row--frozen OSCE PA budget of about $3 1/2 million was approved that requires continued and unparalleled efficiency in organizing additional conferences, election observation missions, and various other activities that keep the Parliamentary Assembly prominently engaged in European and Central Asian affairs;  in addition to my continued tenure as a vice president in the Parliamentary Assembly, Mr. Aderholt of Alabama was reelected as the vice chair of the general committee dealing with democracy, human rights, and humanitarian questions which ensures strong U.S. representation in OSCE PA decision-making; and a Greek parliamentary leader defeated a prominent Canadian senator in the election of a new OSCE PA president, following a vigorous but friendly campaign that encouraged the assembly to take a fresh look at itself and establish a clearer vision for its future.  While the congressional delegation's work focused heavily on representing the United States at the OSCE PA, we tried to use our presence in Europe to advance U.S. interests and express U.S. concerns more broadly. The meeting took place in Norway, a very close friend and strong, long-time ally of the United States of America. In discussions with Norwegian officials, we expressed our sorrow over the recent deaths of Norwegian soldiers in Afghanistan. We also shared our concerns about climate change and particularly the impact global warming has on polar regions  Indeed, on our return we made a well-received stop on the archipelago of Svalbard, well north of the Arctic Circle, to learn more about the impact firsthand, from changing commercial shipping lanes to relocated fisheries to ecological imbalance that make far northern flora and fauna increasingly vulnerable. The delegation also visited the Svalbard Global Seed Vault, a facility that preserves more than 525,000 types of seeds from all over the world as a safeguard for future crop diversity, and took the opportunity to donate additional U.S. seeds to the collection.  Norway is located close to a newer, but also very strong, ally with close ties to the United States, Estonia. Since last year's delegation to the OSCE PA Annual Session went to Lithuania and included Latvia as a side trip, I believed it was important to utilize the opportunity of returning to northern Europe to visit this Baltic state as well.  While some remained in Oslo to represent the United States, others traveled to Tallinn, where we had meetings with the President, Prime Minister, and other senior government officials, visited the NATO Cooperative Cyber-Defense Center of Excellence and were briefed on electronic networking systems that make parliament and government more transparent, efficient and accessible to the citizen. Estonia has come a long way since it reestablished its independence from the Soviet Union almost 20 years ago, making the visit quite rewarding for those of us on the Helsinki Commission who tried to keep a spotlight on the Baltic States during the dark days of the Cold War.  During the course of the meeting, the U.S. delegation also had bilateral meetings with the delegation of the Russian Federation and a visiting delegation from Kyrgyzstan to discuss issues of mutual concern and interest.  U.S. engagement in the OSCE Parliamentary Assembly sends a clear message to those who are our friends and to those who are not that we will defend U.S. interests and advance the causes of peace and prosperity around the world.

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  • Global Threats, European Security and Parliamentary Cooperation

    From nuclear security to climate change, global terrorism to anti-corruption efforts, this hearing examined what parliamentarians can do to work together on some of the most significant challenges facing the world. Members addressed European and Central Asian security concerns, including unresolved conflicts in the Balkans and elsewhere, and considered how international parliaments can cooperate to address challenges related to trafficking, tolerance, and democratic development, including elections and media freedom.

  • OSCE Representative Cites Threats to Free Media

    Mr. HASTINGS of Florida. Madam Speaker, as Co-Chairman of the Helsinki Commission, I wish to draw the attention of colleagues to the timely and informative testimony of the OSCE Representative on Freedom of the Media, Dunja Mijatovic, who testified earlier today at a Commission hearing on ``Threats to Free Media in the OSCE Region.'' She focused on various threats to journalists and independent media outlets, including physical attacks and adoption of repressive laws on the media as well as other forms of harassment. Most troubling is the murder of journalists because of their professional activities. According to the U.S.-based Committee to Protect Journalists, 52 journalists have been killed in Russia alone since 1992, many reporting on corruption or human rights violations. Ms. Mijatovic also flagged particular concern over existing and emerging threats to freedom on the Internet and other communications technologies. She also voiced concern over the use of criminal statutes on defamation, libel and insult which are used by some OSCE countries to silence journalists or force the closure of media outlets. With respect to the situation in the United States, she urged adoption of a shield law at the federal level to create a journalists' privilege for federal proceedings. Such a provision was part of the Free Flow of Information Act of 2009, which passed the House early in the Congress and awaits consideration by the full Senate.  As one who has worked to promote democracy, human rights and the rule of law in the 56 countries that comprise the OSCE, I share many of the concerns raised by Ms. Mijatovic in her testimony and commend them to colleagues.    ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE REPRESENTATIVE ON FREEDOM OF THE MEDIA  (By Dunja Mijatovic) [From the Helsinki Commission Hearing on the Threats to Free Media in the OSCE Region, June 9, 2010]  Dear Chairmen, Distinguished Commissioners, Ladies and Gentlemen,  I am honored to be invited to this hearing before the Helsinki Commission at the very beginning of my mandate. I feel privileged to speak before you today. The Helsinki Commission's welcoming statement issued on the day of my appointment is a clear manifestation of the strong support you continuously show toward the work of this unique Office, and I assure you, distinguished Commissioners, that this fact is very much appreciated.  It will be three months tomorrow since I took office as the new Representative on Freedom of the Media to the OSCE. Even though three months may sound short, it has proved more than enough to gain a deep insight, and unfortunately also voice concerns, about the decline of media freedom in many of the 56 countries that today constitute the OSCE.  Although the challenges and dangers that journalists face in our countries may differ from region to region, one sad fact holds true everywhere: The freedom to express ourselves is questioned and challenged from many sides. Some of these challenges are blatant, others concealed; some of them follow traditional methods to silence free speech and critical voices, some use new technologies to suppress and restrict the free flow of information and media pluralism; and far too many result in physical harassment and deadly violence against journalists.  Today, I would like to draw your attention to the constant struggle of so many institutions and NGOs around the world, including your Commission and my Institution, to combat and ultimately stop violence against journalists. I would also like to address several other challenges that I want to place in the center of my professional activities, each of which I intend to improve by relentlessly using the public voice I am now given at the OSCE.  Let me first start with violence against journalists.  Ever since it was created in 1997, my Office has been raising attention to the alarming increase of violent attacks against journalists. Not only is the high number of violent attacks against journalists a cause for concern. Equally alarming is the authorities' far too-prevalent willingness to classify many of the murders as unrelated to the journalists' professional activities. We also see that more and more often critical speech is being punished with questionable charges brought against the journalists.  Impunity of perpetrators and the responsible authorities' passivity in investigating and failing to publicly condemn these murders breeds further violence. There are numerous cases that need to be raised over and over again. We need to continue to loudly repeat the names of these courageous individuals who lost their lives for the words they have written. I am sorry for all those whom I will not mention today; but the names that follow are on the list that I call ``the Hall of Shame'' of those governments that still have not brought to justice the perpetrators of the horrifying murders that happened in their countries.  The most recent murder of a journalist in the OSCE area is the one of the Kyrgyz opposition journalist Gennady Pavlyuk (Bely Parokhod), who was killed in Kazakhstan in December last year. It gives me hope that the new Interim Government of Kyrgyzstan has announced to save no efforts to bring the perpetrators to justice, as well as those involved in the 2007 murder of Alisher Saipov (Siyosat).  The Russian Federation remains the OSCE participating State where most members of the media are killed. Paul Klebnikov (Forbes, Russia), Anna Politkovskaya (Novaya Gazeta), Anastasia Baburova (Novaya Gazeta), are the most reported about, but let us also remember Magomed Yevloyev (Ingushetiya), Ivan Safronov (Kommersant), Yury Shchekochikhin (Novaya Gazeta), Igor Domnikov (Novaya Gazeta), Vladislav Listyev (ORT), Dmitry Kholodov (Moskovsky Komsomolets) and many others.  We also should not forget the brutal murders of the following journalists, some remain unresolved today:  Hrant Dink (Agos) Armenian Turkish journalist was shot in 2007 in Turkey.  Elmar Huseynov (Monitor) was murdered in 2005 in Azerbaijan.  Georgy Gongadze (Ukrainskaya Pravda) was killed in 2000 in Ukraine.  In Serbia, Slavko Curuvija (Dnevni Telegrat) was murdered in 1999, and Milan Pantic (Vecernje Novosti) was killed in 2001.  In Montenegro, Dusko Jovanovic (Dan), was shot dead in 2004.  In Croatia, Ivo Pukanic (Nacional) and his marketing director, Niko Franjic, were killed by a car bomb in 2008.  Violence against journalists equals violence against society and democracy, and it should be met with harsh condemnation and prosecution of the perpetrators. There can be no improvement without an overhaul of the very apparatus of prosecution and law enforcement, starting from the very top of the Government pyramid.  There is no true press freedom as long as journalists have to fear for their lives while performing their work. The OSCE commitments oblige all participating States to provide safety to these journalists, and I will do my best to pursue this goal with the mandate I am given and with all professional tools at my disposal.  We also observe another very worrying trend; more and more often the imprisonment of critical journalists based on political motivations including fabricated charges. Let me mention some cases:  In Azerbaijan, the prominent editor-in-chief of the now-closed independent Russian-language weekly, Realny Azerbaijan, and Azeri-language daily, Gundalik Azarbaycan, Eynulla Fatullayev was sentenced in 2007 to a cumulative eight-and-a-half years in prison on charges on defamation, incitement of ethnic hatred, terrorism and tax evasion. The European Court of Human Rights (ECtHR) found Azerbaijan in violation of Article 10 and Article 6, paragraphs 1 and 2 of the European Convention on Human Rights, so there is only one possible outcome--Fatullayev should be immediately released.  In Kazakhstan, Ramazan Yesergepov, the editor of Alma-Ata Info, is serving a three-year prison term on charges of disclosing state secrets.  Emin Milli and Adnan Hajizade, bloggers from Azerbaijan, are serving two and a half years and two years in prison respectively since July 2009 on charges of hooliganism and infliction of light bodily injuries.  In Uzbekistan, two independent journalists, Dilmurod Saiid (a freelancer) and Solijon Abdurahmanov (Uznews), are currently serving long jail sentences (twelve-and-a-half-years and ten years) on charges of extortion and drug possession.  I will continue to raise my voice and demand the immediate release of media workers imprisoned for their critical work.  I join Chairman Cardin for commending independent journalists in the Helsinki Commission's recent statement on World Press Freedom Day. These professionals pursue truth wherever it may lead them, often at great personal risk. They indeed play a crucial and indispensable role in advancing democracy and human rights. By highlighting these murder and imprisonment cases, by no means do I intend to neglect other forms of harassment or intimidation that also have a threatening effect on journalists. Let me just recall that, with the heightened security concerns in the last decade, police and prosecutors have increasingly raided editorial offices, journalists' homes, or seized their equipment to find leaks that were perceived as security threats. Suppression and restriction of Internet Freedom  Turning to the problems facing Internet freedom, we can see that new media have changed the communications and education landscape in an even more dramatic manner than did the broadcast media in the last half century. Under my mandate, the challenge has remained the same: how to safeguard or enhance pluralism and the free flow of information, both classical Helsinki obligations within the OSCE.  It was in 1998 that I read the words of Vinton G. Cerf in his article called ``Truth and the Internet''. It perfectly summarizes the nature of the Internet and the ways it can create freedom.  Dr. Cerf calls the Internet one of the most powerful agents of freedom: It exposes truth to those who wish to see it. But he also warns us that the power of the Internet is like a two-edged sword: it can also deliver misinformation and uncorroborated opinion with equal ease. The thoughtful and the thoughtless co-exist side by side in the Internet's electronic universe. What is to be done, asks Cerf.  His answer is to apply critical thinking. Consider the Internet as an opportunity to educate us all. We truly must think about what we see and hear, and we must evaluate and select. We must choose our guides. Furthermore, we must also teach our children to think more deeply about what they see and hear. That, more than any electronic filter, he says, will build a foundation upon which truth can stand.  Today, this foundation upon which truth could indeed so firmly stand is under continuous pressure by governments. As soon as governments realized that the Internet challenges secrecy and censorship, corruption, inefficiency and bad governing, they started imposing controls on it. In many countries and in many ways the effects are visible and they indeed threaten the potential for information to circulate freely.  The digital age offers the promise of a truly democratic culture of participation and interactivity. Realizing that promise is the challenge of our times. In the age of the borderless Internet, the protection of the right to freedom of expression ``regardless of frontiers'' takes on a new and more powerful meaning.  In an age of rapid technological change and convergence, archaic governmental controls over the media are increasingly unjust, indefensible and ultimately unsustainable. Despite progress, many challenges remain, including the lack of or poor quality of national legislation relating to freedom of information, a low level of implementation in many OSCE member states and existing political resistance.  The importance of providing free access for all people anywhere in the world cannot be raised often enough in the public arena, and cannot be discussed often enough among stakeholders: civil society, media, as well as local and international authorities.  Freedom of speech is more than a choice about which media products to consume.  Media freedom and freedom of speech in the digital age also mean giving everyone--not just a small number of people who own the dominant modes of mass communication, but ordinary people, too--an opportunity to use these new technologies to participate, interact, build, route around and talk about whatever they wish--be it politics, public issues or popular culture. The Internet fundamentally affects how we live. It offers extraordinary opportunities for us to learn, trade, connect, create and also to safeguard human rights and strengthen democratic values. It allows us to hear each other, see each other and speak to each other. It can connect isolated people and help them through their personal problems.  These rights, possibilities and ideals are at the heart of the Helsinki Process and the OSCE principles and commitments that we share. We must find the best ways to spread access to the Internet, so that the whole world can benefit from what it can offer, rather than increasing the existing gaps between those who have access to information and those who do not. And to those governments who fear and distrust the openness brought along by the Internet, let me emphasize over and over again:  The way a society uses the new communications technologies and how it responds to economic, political and cultural globalization will determine the very future of that society. Restrict access to information, and your chances to develop will become restricted. Open up the channels of free communication, and your society will find ways to prosper.  I was delighted to hear Secretary of State Clinton speak about a basic freedom in her January speech on Internet freedom in the ``Newseum''. This freedom is the freedom to connect. Secretary Clinton rightly calls this freedom the freedom of assembly in cyber space. It allows us to come together online, and shape our society in fundamental ways. Fame or money is no longer a requisite to immensely affect our world.  My office is rapidly developing a comprehensive strategy to identify the main problems related to Internet regulation in the 56 countries of the OSCE, and ways to address these issues. I will count on the support of the Helsinki Commission to advance the universal values that this strategy will attempt to extend to those countries where these values are still being questioned.  Let me also mention the importance to protect the freedom of other new technologies.  Only two weeks ago, my Office organized the 12th Central Asia Media Conference in Dushanbe, Tajikistan, where media professionals from all five Central Asian countries adopted a declaration on access to information and new technologies. This document calls on OSCE governments to facilitate the freer and wider dissemination of information, including through modern information and communication technologies, so as to ensure wide access of the public to governmental information.  It also reiterates that new technologies strengthen democracy by ensuring easy access to information, and calls upon state institutions with legislative competencies to refrain from adopting new legislation that would restrict the free flow of information. And only this spring my Office published a guide to the digital switchover, to assist the many OSCE countries where the switch from analogue to digital will take place in the next five years. The aim of the guide is to help plan the digitalization process, and help ensure that it positively affects media freedom, as well as the choice and quality available to the audience.  Besides advocating the importance of good digitalization strategies, I will also use all available fora to raise attention to the alarming lack of broadcast pluralism, especially television broadcast pluralism, in many OSCE countries. As television is the main source of information in many OSCE regions, we must ensure that the laws allow for diverse, high-quality programs and objective news to easily reach every one of us. Only well-informed citizens can make good choices and further democratic values. Whether we talk about Internet regulation, inventive ways to switch to digital while preserving the dominance of a few selected broadcasters, attempts to limit access to information or broadcast pluralism, we must keep one thing in mind: No matter what governments do, in the long run, their attempts to regulate is a lost battle.  People always find ways to obtain the rights that are denied to them. History has shown this over and over again. In the short run, however, it is very clear that I will intervene with governments which try to restrict the free flow of information. Defamation  Similar to fighting violence against journalists, my Office has been campaigning since its establishment in 1997 to decriminalize defamation and libel in the entire OSCE region.  Unfortunately, in most countries, defamation is still punishable by imprisonment, which threatens the existence of critical speech in the media. This is so despite the consistent rulings of the European Court of Human Rights in Strasbourg, stating that imprisonment for speech offences, especially when committed by criticizing public figures, is a disproportionate punishment.  Let us again remind ourselves of the journalists and bloggers I have mentioned above when discussing violence against journalists. They are currently in prison because their writing was considered defamatory. Their fate reminds us all of the importance of the right to freely speak our mind.  This problem needs urgent reform not only in the new, but also in the old democracies of the OSCE. Although the obsolete criminal provisions have not been used in Western Europe for decades, their ``chilling effect'' remained.  Furthermore, the mere existence of these provisions has served as a justification for other states that are unwilling to stop the criminalization of journalistic errors, and instead leave these offenses solely to the civil-law domain.  Currently, defamation is a criminal offence in all but ten OSCE countries--my home country Bosnia and Herzegovina, Cyprus, Estonia, Georgia, Ireland, Moldova, Romania, Ukraine, the United Kingdom and the United States.  Last year, three OSCE countries decriminalized defamation, which I consider to be an enormous success: Ireland, Romania and the United Kingdom; the last being the first among the Western European participating States to officially decriminalize defamation.  Some other countries, such as Armenia, are currently reforming their defamation provisions, and I hope that I can soon welcome the next country that carries out this important and very long overdue reform.   Concluding remarks  Dear Chairmen,  Dear Commissioners,  Ladies and Gentlemen,  The above problematic areas--violence against journalists, restrictions of new media including the Internet, lack of pluralism and resistance to decriminalize defamation--are among the most urgent media freedom problems that need our attention and concentrated efforts today. However, we will also not forget about the many other fields where there is plenty of room to improve. Of course, I will not miss the excellent opportunity that we are here together today to raise your attention to the topic that my distinguished predecessor, Miklos Haraszti, has already raised with you: the establishment and the adoption of a federal shield law in the United States.  As you know, my Office has been a dedicated promoter of the federal shield law for many years. If passed, the Free Flow of Information Act would provide a stronger protection to journalists; it could ensure that imprisonments such as that of Judith Miller in 2005, and Josh Wolf in 2006, could never again take place and hinder investigative journalism. But the passage of such legislation would resonate far further than within the borders of the United States of America. It could send a very much needed signal and set a precedent to all the countries where protection of sources is still opposed by the government and is still not more than a dream for journalists.  I respectfully ask all of you, distinguished Commissioners, to continue and even increase your efforts to enable that the Free Flow of Information Act soon becomes the latest protector of media freedom in the United States.  And of course I cannot close my speech without mentioning my home country, Bosnia and Herzegovina. As you know, not only Bosnia and Herzegovina, but also most of the emerging democracies in the Balkans enjoy modern and forward-looking media legislation. We can openly say that they almost have it all when it comes to an advanced legal and regulatory framework enabling free expression to thrive. But it is not that simple. I use this moment to pose several questions: if there are good laws, then why do we still face severe problems in relation to media freedom, why do we stagnate and sometimes even move backward? Where does the problem lie? And, more importantly, how can we solve it and move ahead?  What Bosnia and Herzegovina shows us is that good laws in themselves are not enough. Without their good implementation, they are only documents filled with unrealized potential. In countries that struggle with similar problems, we must stress over and over again: without the full implementation of valid legislation, without genuine political will, without a comprehensive understanding of the media's role in a functioning democracy, without the creation of a safe environment for journalists to do their work, and without true commitment by all actors, these countries risk falling far behind international standards.  Apart from unmet expectations and disillusioned citizens, we all know that the consequences of politicized and misused media could be very serious. In conclusion, let me assure you, dear Commissioners, that I will not hesitate to openly and vigorously remind any country of their responsibilities toward implementing the OSCE commitments to the freedom of the media.  I am also asking you to use this opportunity today and send a clear message to the governments of all OSCE countries to do their utmost to fully implement their media legislation safeguarding freedom of expression. The governments have the power to create an environment in which media can perform their unique role free of pressures and threats. Without this, no democracy can flourish.  Thank you for your attention.

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  • Ukraine: Moving Beyond Stalemate

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    2009 was a year of tremendous political change in Moldova as nearly a decade of Communist rule came to an end.  Following two elections and massive street protests, Moldova’s ruling coalition, the Alliance for European Integration, still lacks the 61 votes needed in parliament to elect a new president.  As the poorest country in Europe in the midst of a global economic downturn, a prolonged impasse poses serious challenges to reform and recovery in Moldova.

  • Ukraine Presidential Hopefuls Fear Election Fraud

    In the final hours of the Ukraine's bitterly fought presidential campaign, candidates accused one another of planning to commit campaign fraud and experts warned of the possibility of post-election unrest. But among many Ukrainian voters, the no-holds barred campaign may have inspired as much apathy as outrage and some observers were predicting a relatively smooth first-round vote Sunday. Prime minister Yulia Tymoshenko, who helped lead the 2004 Orange Revolution, has accused front-runner Viktor Yanukovych and his Party of Regions of planning a campaign of voter fraud through falsified absentee ballots and other methods. ''Yanukovych and the Party of Regions are preparing a large-scale falsification in Ukraine,'' Tymoshenko said, speaking to the media Thursday. ''For this purpose, they have formed on a corrupt basis a puppet majority in the Central Election Commission.'' Most polls show Tymoshenko running second behind Yanukovych in the race. If no candidate gets more than 50 percent of the vote Sunday, as expected, there will be a runoff between the two top vote getters sometime in February. Sergei Markov, a member of the Russian parliament and an election observer, said Tymoshenko's fraud charges are part of an effort to prepare her supporters to challenge a Yanukovych victory. ''Claims that the opposition is trying to rig the vote show that the other side is ideologically preparing to reject the election in case they lose,'' said Markov, whose views on many issues are thought to reflect the thinking of the Kremlin. He spoke at the expert panel Friday. Yanukovych meanwhile has warned that his supporters will not allow any candidate to steal the current presidential contest, as he claims happened in 2004. The pro-Russian candidate's initial victory in that race was thrown out by the Supreme Court following the Orange street protests and accusations of widespread fraud by authorities on Yanukovych's behalf. ''No such scenario will be allowed,'' Yanukovych told reporters during a campaign trip to eastern Ukraine Thursday, referring to the street rallies that helped reverse his victory. ''If anybody is hoping for that, we will disappoint them.'' Yanukovych noted that in 2004 he called off plans for mass demonstrations by his supporters in the capital to avoid clashes with Orange protesters. He suggested that this time, his partisans would not back down against those who challenge a Yanukovych victory. Vladimir Fesenko, the head of Ukraine's Penta Center for Applied Political Research, predicted that neither Tymoshenko nor Yanukovych would accept defeat in the runoff, which is expected to pit the two old adversaries against one another. Instead, he said, they would challenge any defeat with peaceful protests. But he warned that if Tymoshenko's and Yanukovych's demonstrators face off, it could escalate into violence. ''Neither wants a real war,'' Fesenko said. ''But unfortunately there are risks. Often it is difficult to control people once they're on the streets. There could be adventurists from either camp that could provoke a clash.'' Authorities say they are planning to deploy thousands of police Sunday to ensure an orderly first round ballot. Foes of Prime Minister Yulia Tymoshenko released a tape this week of a purported conversation between her and Georgian President Mikhail Saakashvili, in which he supposedly says he is sending 2,000 ''battle-ready'' observers to monitor the race. ''No worries, we are sending the best prepared and most battle-ready people to you,'' the voice alleged to be Saakashvili's says on the tape, which was played Friday at a panel of analysts and sociologists. Some here interpreted Saakashvili's purported comment as a pledge to support Tymoshenko in post-election street protests. Spokespeople for both Tymoshenko and Saakashvili declined to comment, and the authenticity of the tape could not be determined. Evgeny Kopatko, chief sociologist at Ukraine's R&B Group, a consultancy, said Friday that if tensions rise after the election, that ''could split the country in two, and this is a very serious risk, economically and politically. The country would be virtually uncontrollable.'' Parliament speaker Vladimir Litvin on Friday appealed to supporters of Ukraine's rival political leaders, urging not to take to the streets as they did in 2004. ''Today I'm calling on all of the politicians not to deal in actions on the Maidan,'' Litvin said, referring to Kiev's central square where tens of thousands rallied every day for weeks in late 2004. President Viktor Yushchenko, the eventual winner in 2004, is standing for re-election, but his popularity has plunged and his chances look slim. He warned that the elections could usher in an authoritarian government. ''Should there be an authoritarian regime of either Yanukovych or Tymoshenko, with the criminal elements that will come along, it will take away the freedom of expression,'' he said. Five years after the Orange Revolution brought tens of thousands of people to the streets of the capital, public cynicism appeared widespread. Voters have offered to sell their votes on Web sites for the equivalent of between about $10 and $100. Despite the dire warnings, Alcee Hastings, a U.S. congressman who is deputy head of the international observer mission, told reporters Friday that so far no one has come up with evidence of intended voting irregularities. ''While the candidates accuse each other of fraud, neither of them has presented you in the media with a smoking gun,'' he said. ''I don't think there's going to be widespread fraud.'' Hastings noted that the election will come under intense scrutiny. He said there are more international observers in Ukraine for the presidential contest than for any previous election in the former Soviet Union. But Hastings did not rule out isolated efforts to falsify votes. ''Remember, I'm from Florida, the land of the hanging chads and the butterfly ballots,'' he said, referring to the disputed 2000 U.S. presidential contest and the controversial Florida vote count.

  • U.S. Diplomats Rap Astana's Democratization Performance

    As Kazakhstan prepares to assume the chair of the Organization for Security and Cooperation in Europe, US diplomats are exerting pressure on Astana to enact promised reforms. Kazakhstan’s laws on media, elections and political parties continue to "fall short of OSCE standards," Philip Gordon, assistant secretary of state for European and Eurasian affairs, asserted in written testimony submitted for a hearing October 28 of the US Helsinki Commission. Gordon also pointed out in his testimony that "Kazakhstan has not held an election that the OSCE has deemed fully to have met OSCE commitments and international standards." Both Gordon and Michael Posner, the assistant secretary of state for democracy, human rights and labor, called attention to the case of Yevgeny Zhovtis, a human rights activist convicted in September for vehicular manslaughter. The trial was allegedly marred by procedural violations. Even so, a Kazakhstani judge rejected an appeal of the conviction. The US Helsinki Commission’s chair, Sen. Benjamin Cardin, a Democrat from Maryland, said the Obama administration and the State Department has given short shrift to human rights, adding that the issue of the OSCE summit in Kazakhstan presented an opportunity for the United States to take a strong stand on human rights.  

  • Advancing U.S. Interests in the OSCE Region

    The hearing examined U.S. policy toward the Organization for Security and Cooperation in Europe, the largest regional security organization in the world, ahead of a meeting of foreign ministers to be held in Athens in early December.  Greece held the chairmanship of the 56-nation OSCE focused on enhancing security, promoting economic cooperation, and advancing democracy and human rights in 2009. Kazakhstan assumes the chairmanship in January, 2010. The Commission will examine timely issues, including: security arrangements in Europe, simmering tensions in the Caucasus region, relations with Russia and the countries of the former Soviet Union, developments in the Balkans, OSCE engagement on Afghanistan and developments in Central Asia.  The hearing will also assess ongoing efforts to combat anti-Semitism and other forms of intolerance and backsliding on fundamental freedoms.

  • The Western Balkans: Policy Responses to Today's Challenges

    This hearing reviewed the Vice President Biden’s meeting in Sarajevo and the Congressional delegation to Bosnia to speak about democratization process in the Balkan states. The Commissioners mentioned the need for governing bodies and systems that include every voice, particularly the ethnic communities in each country. These issues have correlated to potential instability in Bosnia resulting from the gridlock in government there.   The democratization and integration efforts, in relation to the Balkan joining closer to the greater European community and NATO, were touched upon to see the progress made.  The witness discussed examples of initiatives that moved the Balkans towards the goal of international standard of governance, for example the Model Court Initiative in Bosnia, which has helped to institute European standards in 33 local courts, upgrade court infrastructure and improve customer service.

  • Moldova’s Recent Elections: Prospects for Change in Europe’s Poorest Country

    This briefing took place in the wake of the June 20th, 2009 parliamentary elections in Moldova. Nearly 60 percent of the Moldovan populace voted, and nearly 3,000 international and local observers were present. The international election observation mission consisted of delegations from the OSCE Parliamentary Assembly, the OSCE Office for Democratic Institutions and Human Rights (ODIHR), the Council of Europe’s Parliamentary Assembly, and the European parliament. The international election observation mission evaluated the elections positively overall, but noticed a number of shortcomings, particularly in the process of registration of electoral lists and the overall tense climate of the electoral campaign.

  • The Trouble with the Recent Iranian Elections

    Mr. President, as Chairman of the U.S. Helsinki Commission, which has had decades of experience monitoring election and promoting democracy and human rights, I would like to take this moment to speak on a troubling matter that has filled headlines around the world in the last few days. We have all seen the images. Violence and mass protests are erupting across Iran following the hasty vote count of a deeply flawed presidential election process in that country. Yet another unfortunate chapter is unfolding before our eyes that reinforces Iran’s record as a police state and totalitarian regime more concerned with keeping its tight grip on power than yielding to the will of the people. I stand with President Obama calling for the government to exercise restraint and the violence to end. Regrettably, at least seven people have been killed and countless others injured. We may never know the true results of this election, given the lack of international monitoring. But what we do know is that in the last few days we have witnessed tens of thousands of Iranians raise their voice in protest to ensure that their vote meant something. On Friday, voters in Iran lined up in unprecedented numbers to choose their next president. I, like many others, was dismayed on Saturday to hear the ruling clerics rush to announce that Ahmadinejad had won re-election by a large margin. Regardless of the limited official scope of his duties, President Ahmadinejad’s consistent pattern of noxious remarks and his belligerent attitude inject understandable tension around the Middle East and beyond. He has used the presidential podium to instigate conflict with the international community, pursue acquisition of nuclear weapons, and spew hatred and intolerance toward Israel and the United States. I cannot say and will not say what could have been or should have been if any other candidate was elected, but there is no doubt whatsoever as to Ahmadinejad’s unfitness as a leader. Equally troubling were the almost immediate reports coming from Tehran and elsewhere around Iran that there were deep flaws in this election. Elections do not equal democracy, nor do they guarantee that the will of the people will be reflected in their government. But this was not a free and fair election from the start. In Iranian Presidential elections, only a select group of candidates approved by a 12-person Council of Guardians are eligible to run. The Iranian regime, headed by Supreme Leader Ali Khamenei continues to severely restrict civil liberties including freedom of speech, expression, assembly, and association. Freedom to discuss ideas without threat of oppression is a fundamental human right that is essential to a government truly reflecting the will of its people. This freedom is absent in Iran. Typically, Iranian elections and public expressions are carefully monitored and manipulated by the ruling regime to prevent challenges to their authority. The last few days we have seen something different. The tens of thousands of people lining the streets of Tehran – in an incredible rebuttal to the ruling powers – want to know that the votes that they cast are counted properly. The deliberate lack of transparency in the vote tabulation and the blatant attempts to block mass communications among citizens, particularly the youth, are too glaring to ignore. Even the Supreme Leader has been forced to backtrack on his immediate approval of the results and has called for at least the appearance of a recount in some disputed areas. Americans know something about wanting to have their votes counted accurately. The difference between our two nations is when the results of a U.S. election were in dispute, the world spotlight shined bright on the process and the people involved resolved the conflict peacefully. Transparency and openness is not a hallmark of Iranian elections. Even before the presidential election took place, Iran’s totalitarian regime blocked personal communications like texting and access to the Internet. Media have been confined to Tehran, if they haven’t been asked to leave the country. The regime’s ongoing attempts to curtail communication and silence protests – often with brutal force – demonstrate the regime’s fear of losing a grip on power. Allegations of a fraudulent vote count are a symptom of a regime that has survived by mixing select elements of democracy into an authoritarian power structure that oppresses its people. On June 12, the people of Iran did not vote for the Supreme Leader of their country. Under the current system, Khamenei and his supporters will continue to dictate policy to the President of Iran, regardless of who that president is and whatever policy decisions the president is authorized to make. The people of Iran want their voices to be heard and they should be assured that the world is listening. I urge those in power in Iran also to listen and implement the reforms necessary to allow the will of the people to be expressed. I look forward to a future when the people of Iran have an opportunity for a free and fair election of leaders of their choosing. It is my sincere hope that one day this vision will be realized, and the voice of the Iranian people will truly be heard.

  • Albania’s Elections and the Challenge of Democratic Transition

    In this briefing, Co-Chairman Rep. Alcee L. Hastings examined the democratic progress made in Albania on the eve of the country’s parliamentary elections, set for June 28, 2009.  This examination was to assess Albania’s overall preparedness for European integration after it had applied for candidate status with the European Union and joined the NATO Alliance. Panelists - including Rep. Eliot L. Engel (D-NY), Co-Chair, Albania Issues Caucus, Elez Biberaj, Director, Eurasia Division, Voice of America, Jonas Rolett,  Regional Director for South Central Europe, Open Society Institute, and Robert Benjamin, Regional Director for Central and Eastern Europe, National Democratic Institute - discussed the prospects for the upcoming elections to be held in accordance with the standards set by the Organization for Security and Cooperation in Europe (OSCE), which would be observing the election.

  • The Western Balkans: Challenges for U.S. and European Engagement

    This hearing discussed the recent progress of the seven countries of the Western Balkans with regards to internal stability, democratic development, minority rights, anti-corruption efforts, and the rule of law. The witnesses evaluated each country’s progress and that of the region as a whole. In addition, the hearing also focused on the on the election process in each country and whether they had met the OSCE standards for elections.

  • Georgia Rebuilds: After the August Conflict with Russia, Political and Economic Challenges Remain

    By Shelly Han, Winsome Packer, and Kyle Parker From October 14-18, Commission staff traveled to Georgia to assess recovery efforts following the conflict with Russia in early August. Through a series of meetings with Georgian officials, the Organization for Security and Cooperation in Europe, the European Union, the U.S. embassy, as well as private companies, Georgian citizens, human rights groups, local and foreign analysts, and non-governmental organizations, the staff learned that tremendous progress has been made in restoring critical infrastructure and returning many internally displaced persons to their homes. However, the political and economic situation in Georgia remains fragile. While the origins of the conflict that began on August 7 are still being debated, what is clear is the tremendous cost politically, economically and socially to Georgia. Human Rights Watch, one of the few NGOs that gained access to South Ossetia immediately after the conflict, estimates that 95 percent of Georgian villages in South Ossetia were razed, and an untold number of houses have been looted and burned. South Ossetians told HRW that the burning of houses was deliberate in order to prevent the return of Georgians. HRW estimates that most of the damage was done by South Ossetian irregulars or foreign “volunteers” - not Russian troops. Russian troops had effective control of the territory but chose not to enforce law and order, making them complicit in these crimes. HRW was not able to corroborate any of the Russian allegations of Georgian atrocities inside South Ossetia, though it has accused Tbilisi of using cluster bombs. HRW has documented instances of excessive use of force by Georgian troops, but is still sorting out the facts surrounding these actions. International Monitoring Efforts Lack Access, Coordination Both the OSCE and the European Union have deployed monitors to Georgia, but have not been granted access to South Ossetia. Representatives of the EU Monitoring Mission to Georgia told Helsinki Commission staff that the monitors were unarmed and not there to provide security. Rather, their stated mission was to observe Georgian and Russian compliance with the August 12 and September 8 peace agreements between Russia and Georgia. There also seemed to be little effort to coordinate the two observation missions. Both the EU and OSCE representatives downplayed questions about a lack of coordination (as reported in Vienna by the OSCE Head of Mission in Georgia). They said that it was a matter of time and process dictating how they proceeded. Economic Cost of Conflict The economic consequences of the conflict for Georgia have been staggering. One of the keys to recovery will be boosting consumer confidence, and also reassuring investors that Georgia is a safe and stable market. Almost 24 percent of Georgia’s GDP comes from foreign direct investment (Kazakhstan and Azerbaijan are significant investors) and there are signs that FDI may decrease following the conflict. Out of a pledged $1 billion in aid, the United States is providing $250 million in direct budget support to the Georgian government to help repair infrastructure and build houses for IDPs. Other donors have agreed to provide a further $3.5 billion in aid which, if distributed properly, will help Georgia weather the crisis. Commission staff visited the Black Sea port of Poti. Georgia’s main transit point for imports and exports, the port was bombed during the conflict, resulting in the death of 5 workers and an estimated US$10 million in damages. But by mid-October, commerce was almost back to normal. Georgia’s Coast Guard offices, which had been substantially damaged, were almost completely repaired. The Navy and the Coast Guard lost eight ships during the conflict, but their newer ships were evacuated to the southern port of Batumi and escaped with only minor damage. One of the hardest hit regions was the area surrounding the city of Gori, Georgia’s “breadbasket,” where up to 60 percent of the agriculture was destroyed. The U.S. Agency for International Development is spearheading a wheat seed program to help farmers plant the next crop. Irrigation is also a significant issue, since much of the water was coming from South Ossetia and irrigation canals were damaged. Alternative irrigation sources were being quickly developed to help farmers continue supplying the market. The OSCE, which was implementing extensive economic development projects in South Ossetia, has been forced to cease all programs in that region. Other micro-enterprise development programs, such as trout farms and beekeeping located in the buffer zones around South Ossetia, have been quickly re-started. Another issue that could become a flash-point in the future is the Inguri Dam, a hydroelectric facility that supplies half of Georgia’s electricity needs. The dam itself is on territory that the Georgian government controls, but the facility that provides the electricity is on territory controlled by Abkhaz separatists and their Russian allies. They could theoretically turn off the electricity for many Georgians, but Georgian authorities could counter by shutting down the dam, thus denying the Abkhaz the ability to generate electricity. Cost of Conflict is High for those Displaced from their Homes The situation for internally displaced persons in Georgia is critical. On October 9 Commission staff visited an IDP camp in Gori that was slated to be dismantled later that day. Most of the residents were being returned to their homes in the “buffer zone” adjacent to the South Ossetian border that up until the day prior had been controlled by Russian forces. As the Russians withdrew, the Georgian government was working quickly to return the IDPs to their homes. In fact, international aid agencies believed Tbilisi was moving a bit too quickly, as safety concerns remained – specifically, unexploded ordinance in the buffer zone and reports of possible sabotage. Nevertheless, the IDPs were packing up their meager belongings and preparing to leave. Those who couldn’t do so - those from South Ossetia and Akhalgori - were going to be sent to centers in the Tbilisi area. A number of aid agencies are providing assistance with food and other daily needs. One group, CHF International, provides assistance to IDPs that are living with relatives. These host families - many of whom were barely making ends meet - are stretched to the breaking point. CHF International provides fuel, extra bedding, food, or other aid that a household might need to support extra family members for an extended period of time. The Georgian government has also launched a massive construction effort to build thousands of houses for the “new” IDPs. While this effort was praised by many, it could become a source of discontent among those displaced in previous conflicts and still living in substandard conditions. Georgia Faces a Difficult Road Ahead The effectiveness of international monitoring as a deterrent to future military conflict in Georgia is uncertain. It is clear from discussions with analysts that disagreements on the delineation of the South Ossetian “border,” particularly around the city of Akhalgori, will continue to be a point of contention. As more information becomes available on what actually happened in the lead-up to the conflict in early August, it also raises questions about the effectiveness of these missions as a deterrent. Independent reports suggest that there were nearly 100,000 Russian troops in the vicinity of South Ossetia immediately preceding the fighting and it is now clear that there was a serious breakdown of early warning mechanisms that were designed to prevent this type of conflict scenario. The exact role of the monitors and their geographical range is in dispute. Russian officials continue to argue at the OSCE and other fora that the monitors are there to ensure stability and security. At the same time Russian officials are charging that the EU monitors are failing to maintain adequate security in the areas bordering South Ossetia and Abkhazia and that Georgian military and police forces are engaged in provocations and attacks against South Ossetians and Russian personnel inside South Ossetia. Ironically, the OSCE and EU Missions reported that their monitors still did not have access to South Ossetia, Abkhazia, and the Akhalgori district (now administered by Russian and South Ossetian forces). This raises concerns about Russia’s intent in denying monitors access to the regions now under their control, while demanding that the monitors ensure security in these areas. Russo-Georgian relations, which have been tense for years, have reached a nadir in the wake of Russia’s invasion of Georgia and subsequent recognition of South Ossetia and Abkhazia. Russian Foreign Minister Lavrov made no attempt to conceal from U.S. Secretary of State Rice that getting rid of Georgian President Mikhail Saakashvili was a key Moscow aim. As of this writing, however, he remains in office, despite Moscow’s efforts to unseat him and attempts by opposition forces to call him to account. He has so far weathered the political consequences of presiding over a stunning military defeat, the loss of South Ossetia and Abkhazia, and having to deal with thousands more displaced people. Responding to pressure from inside and outside the country, Saakashvili has pledged to introduce serious reforms, which would help promote stability within Georgia. How Tbilisi can reestablish normal relations with Moscow is harder to divine.

  • Turkmenistan: Prospect for Change?

    The purpose of this hearing was to examine Turkmenistan’s parliamentary elections- the first such election since the regime changed. The hearing focused on whether the election might mark a turning point at all for Turkmenistan as well as whether Turkmenistan has made progress on Democratic reforms. Positive signs were reviewed, particularly on education, but also areas of concern, such as reports of Turkmen officials pressuring young men not to apply for study programs in the United States. The distinguished witnesses and Commissioners reviewed the reform process and the significant advancements since the death of longtime President, Berdimuhamedov. In regards to areas of further reform and advancement, the hearing addressed measures in which the U.S. and the OSCE should respond to better the human rights condition in Turkmenistan.

  • 2008 Human Dimension Implementation Meeting

    The OSCE’s 2008 Human Dimension Implementation Meeting offered an opportunity to review compliance on a full range of human rights and humanitarian commitments of the organization’s participating States. Tolerance issues featured prominently in the discussions, which included calls for sustained efforts to combat anti-Semitism and other forms of discrimination. A U.S. proposal for a high-level conference on tolerance issues in 2009, however, met with only tepid support. Core human rights issues, including freedom of speech and freedom of religion, continued to draw large numbers of speakers. Throughout the discussions, non-governmental organizations (NGOs) expressed concern about Kazakhstan’s failure to implement promised reforms and questioned its readiness to serve as OSCE Chair-in-Office in 2010. Greece, slated to assume the chairmanship in January, came under criticism for its treatment of ethnic minorities. As in the past, the United State faced criticism for retaining the death penalty and for its conduct in counter-terrorism operations. Belarusian elections, held on the eve of the HDIM, came in for a round of criticism, while Russia continued to advocate proposals on election observation that would significantly limit the OSCE’s independence in such activities. Finally, discussion of the Russia-Georgia conflict was conspicuous by its near absence, though related human rights and humanitarian concerns will likely receive more prominence in the lead up to and during the December OSCE Ministerial in Helsinki. Background From September 29 to October 10, 2008, the OSCE participating States met in Warsaw, Poland, for the annual(1) Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest human rights gathering, convened to discuss compliance by the participating States with the full range of human dimension commitments they have all adopted by consensus. The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), according to an agenda approved by consensus of all 56 participating States. The HDIM is the only multinational human rights meeting in Europe where representatives of NGOs and government representatives have equal access to the speakers list. Indeed, over half of the statements delivered at this year’s HDIM were made by NGO representatives. Such implementation review meetings are intended to serve as the participating States’ principal venue for public diplomacy and are important vehicles for identifying continued areas of poor human rights performance. Although the HDIM is not tasked with decision-making responsibilities, the meetings can provide impetus for further focus on particular human dimension concerns and help shape priorities for subsequent action. Coming in advance of ministerial meetings that are usually held in December, the HDIMs provide an additional opportunity for consultations among the participating States on human dimension issues that may be addressed by Ministers. (This year, for example, there were discussions on the margins regarding a possible Ministerial resolution on equal access to education for Roma and advancing work in the field of tolerance and non-discrimination, including the possibility of convening a related high-level meeting in 2009.) OSCE rules, adopted by consensus, allow NGOs to have access to human dimension meetings. However, this general rule does not apply to “persons and organizations which resort to the use of violence or publicly condone terrorism or the use of violence.”(2) There are no other grounds for exclusion. The decision as to whether or not a particular individual or NGO runs afoul of this rule is made by the Chairman-in-Office. In recent years, some governments have tried to limit or restrict NGO access at OSCE meetings in an effort to avoid scrutiny and criticism of their records. This year, in the run up to the HDIM, Turkmenistan held the draft agenda for the meeting hostage, refusing to give consensus as part of an effort to block the registration of Turkmenistan NGOs which have previously attended the implementation meetings and criticized Ashgabat. Turkmenistan officials finally relented and allowed the adoption of the HDIM agenda in late July, but did not participate in the Warsaw meeting. Along these lines, the Russian delegation walked out in protest when the NGO “Russian-Chechen Friendship Society” took the floor to speak during a session on freedom of the media. At the 2008 HDIM, senior Department of State participants included Ambassador W. Robert Pearson, Head of Delegation; Ambassador Julie Finley, Head of the U.S. Mission to the OSCE; Ambassador Karen Stewart, Principal Deputy Assistant Secretary of State for Democracy, Human Rights and Labor; and Mr. Bruce Turner, Acting Director, Office for European Security and Political Affairs. Mr. Will Inboden, advisor on religious freedom issues, and Mr. Nathan Mick, advisor on Roma issues, served as Public Members. Ms. Felice Gaer, Chair of the U.S. Commission on Religious Freedom, and Mr. Michael Cromartie, Vice Chair, also served as members of the delegation. Helsinki Commission Chief of Staff Fred L. Turner and Senior State Department Advisor Ambassador Clifford Bond also served as members of the U.S. Delegation, along with Helsinki Commission staff members Alex T. Johnson, Ronald J. McNamara, Winsome Packer, Erika B. Schlager, and Dr. Mischa E. Thompson. In comparison with previous HDIMs, the 2008 meeting was relatively subdued – perhaps surprisingly so given that, roughly eight weeks before its opening, Russian tanks had rolled onto Georgian territory. While the full scope of human rights abuses were not known by the time the meeting opened, human rights defenders had already documented serious rights violations, including the targeting of villages in South Ossetia inhabited by ethnic Georgians. Nevertheless, discussion of the Russian-Georgian conflict was largely conspicuous by its near absence. Highlights The annual HDIM agenda provides a soup-to-nuts review of the implementation of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. The United States continued its longstanding practice of naming specific countries and cases of concern. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. This year, those subjects were: 1) education and awareness-raising in the promotion of human rights; 2) freedom of religion or belief; and 3) focus on identification, assistance and access to justice for the victims of trafficking. Of the three, the sessions on religious liberty attracted the most speakers with over 50 statements. A large number of side events were also part of the HDIM, organized by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States. These side events augment implementation review sessions by providing an opportunity to examine specific subjects or countries in greater depth and often with a more lively exchange than in the formal sessions. Along with active participation at these side events, the United States held extensive bilateral meetings with government representatives, as well as with OSCE officials and NGO representatives. At the end of the second week of the HDIM, Human Rights Directors from capitals also held a working meeting to discuss issues of mutual concern, with a special focus on United Nations Security Council Resolution 1325, on women, peace and security. This year, the U.S. Commission on International Religious Freedom also hosted a reception to honor the OSCE Panel of Experts on Freedom of Religion or Belief, as well as the tenth anniversary of the U.S. International Religious Freedom Act and the 60th anniversary of the UN Declaration of Human Rights. Greece, scheduled to assume the chairmanship of the OSCE starting in January 2009, came under particular criticism for its treatment of minorities. Unlike the highly emotional reactions of senior Greek diplomats in Warsaw two years ago, the delegation this year responded to critics by circulating position papers elaborating the Greek government’s views. Greece also responded to U.S. criticism regarding the application of Sharia law to Muslim women in Thrace by stating that Greece is prepared to abolish the application of the Sharia law to members of the Muslim minority in Thrace when this is requested by the interested parties whom it affects directly. Issues relating to the treatment of ethnic, linguistic and religious minorities in the OSCE region are likely to remain an important OSCE focus in the coming period, especially in light of developments in the Caucasus, and it remains to be seen how the Greek chairmanship will address these concerns in light of its own rigid approach to minorities in its domestic policies. Throughout the HDIM, many NGOs continued to express concern about the fitness of Kazakhstan to serve as OSCE Chair-in-Office in 2010 given serious short comings in that country’s human rights record. In particular, Kazakhstan was sharply criticized for a draft religion law (passed by parliament, but not yet adopted into law). One NGO argued that a Kazakhstan chairmanship, with this law in place, would undermine the integrity of the OSCE, and urged participating States to reconsider Kazakhstan for the 2010 leadership position if the law is enacted. Juxtaposing Kazakhstan’s future chairmanship with the possible final passage of a retrograde law on religion, the Almaty Helsinki Committee asked the assembled representatives, “Are human rights still a priority – or not?” (Meanwhile, on October 5, Secretary of State Condoleezza Rice visited Kazakhstan.) On the eve of the HDIM, Belarus held elections. Those elections received considerable critical attention during the HDIM’s focus on democratic elections, with the United States and numerous others expressing disappointment that the elections did not meet OSCE commitments, despite promises by senior Belarusian officials that improvements would be forthcoming. Norway and several other speakers voiced particular concern over pressures being placed on ODIHR to circumscribe its election observation activities. Illustrating those pressures, the Russian Federation reiterated elements of a proposal it drafted on election observation that would significantly limit the independence of ODIHR in its election observation work. The Head of the U.S. Delegation noted that an invitation for the OSCE to observe the November elections in the United States was issued early and without conditions as to the size or scope of the observation. (Russia and others have attempted to impose numerical and other limitations on election observation missions undertaken by the ODIHR and the OSCE Parliamentary Assembly.) Tolerance issues featured prominently during discussions this year, as they have at other recent HDIMs. Forty-three interventions were made, forcing the moderator to close the speakers list and requiring presenters to truncate their remarks. Muslim, migrant, and other groups representing visible minorities focused on discrimination in immigration policies, employment, housing, and other sectors, including racial profiling and hate crimes, amidst calls for OSCE countries to improve implementation of existing anti-discrimination laws. Jewish and other NGOs called for sustained efforts to combat anti-Semitism. Representatives of religious communities expressed concern about the confusion made by ODIHR in its Annual Hate Crimes Report between religious liberty issues and intolerance towards members of religious groups. This year, some governments and NGOs elevated their concerns relating to gay, lesbian, bisexual and transgender persons, increasingly placing these concerns in the context of the OSCE’s focus on hate crimes. A civil society tolerance pre-HDIM meeting and numerous side events were held on a broad range of tolerance-related topics. The United States and several U.S.-based NGOS called for a high-level conference on tolerance issues to be held in 2009. Unlike in prior years, however, no other State echoed this proposal or stepped forward with an offer to host such a high-level conference. In many of the formal implementation review sessions this year, NGOs made reference to specific decisions of the European Court on Human Rights, urging governments to implement judgments handed down in recent cases. During the discussion of issues relating to Roma, NGOs continued to place a strong focus on the situation in Italy, where Roma (and immigrants) have been the target of hate crimes and mob violence. NGOs reminded Italy that, at the OSCE Supplementary Human Dimension Meeting in July, they had urged Italy to come to the HDIM with concrete information regarding the prosecution of individuals for violent attacks against Roma. Regrettably, the Italian delegation was unable to provide any information on prosecutions, fostering the impression that a climate of impunity persists in Italy. As at other OSCE fora, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among the OSCE participating States. Of the 56 OSCE participating States, 54 have abolished, suspended or imposed a moratorium on the death penalty and only two – the United States and Belarus – continue to impose capital punishment as a criminal sanction. Two side events held during the HDIM also put a spotlight on the United States. The first event was organized by Freedom House and entitled, “Today’s American: How Free?” At this event, Freedom House released a book by the same title which examined “the state of freedom and justice in post-9/11 America.” The second event was a panel discussion on “War on Terror or War on Human Rights?” organized by the American Civil Liberties Union. Speakers from the ACLU, Amnesty International and the Polish Human Rights Foundation largely focused on issues relating to the United States, including the military commission trials at Guantanamo, and official Polish investigations into allegations that Poland (working with the United States) was involved in providing secret prisons for the detention and torture of “high-value” detainees.(3) In a somewhat novel development, Russian Government views were echoed by several like-minded NGOs which raised issues ranging from claims of “genocide” by Georgia in South Ossetia to grievances by ethnic Russians in Latvia and Estonia. Ironically, the Russian delegation, in its closing statement, asserted that this year’s HDIM had an “improved atmosphere” due (it was asserted) to the efforts by both governments and NGOs to find solutions to problems rather than casting blame. As at past HDIMs, some sessions generated such strong interest that the time allotted was insufficient to accommodate all those who wished to contribute to the discussion. For example, the session on freedom of the media was severely constrained, with more than 20 individuals unable to take the floor in the time allotted, and several countries unable to exercise rights of reply. Conversely, some sessions – for example, the session on equal opportunity for men and women, and the session on human dimension activities and projects – had, in terms of unused time available, an embarrassment of riches. Following a general pattern, Turkmenistan was again not present at the HDIM sessions this year.(4) In all, 53 participating States were represented at the meeting. At the closing session, the United States raised issues of particular concern relating to Turkmenistan under the “any other business” agenda item. (This is the sixth year in a row that the United States has made a special statement about the situation in Turkmenistan, a country that some view as having the worst human rights record in the OSCE.) For the past two years, there has been a new government in Turkmenistan. The U.S. statement this year noted some positive changes, but urged the new government to continue the momentum on reform by fully implementing steps it already has begun. In addition, the United States called for information on and access to Turkmenistan’s former representative to the OSCE, Batyr Berdiev. Berdiev, once Turkmenistan’s ambassador to the OSCE, was reportedly among the large number of people arrested following an attack on then-President Niyazov’s motorcade in 2002. His fate and whereabouts remain unknown. OSCE PA President João Soares addressed the closing plenary, the most senior Assembly official to participate in an HDIM meeting. The Russian-Georgian Conflict With the outbreak of armed violence between Russia and Georgia occurring only two months earlier, the war in South Ossetia would have seemed a natural subject for discussion during the HDIM. As a human rights forum, the meeting was unlikely to serve as a venue to debate the origins of the conflict, but there were expectations that participants would engage in a meaningful discussion of the human dimension of the tragedy and efforts to stem ongoing rights violations. As it turned out, this view was not widely shared by many of the governments and NGOs participating in the meeting. The opening plenary session foreshadowed the approach to this subject followed through most of the meeting. Among the senior OSCE officials, only High Commissioner on National Minorities Knut Vollebaek squarely addressed the situation in the south Caucasus. Vollebaek condemned the19th century-style politicization of national minority issues in the region and the violation of international borders. At the time of the crisis, he had cautioned against the practice of “conferring citizenship en masse to residents of other States” (a reference to Russian actions in South Ossetia) and warned that “the presence of one's citizens or ‘ethnic kin’ abroad must not be used as a justification for undermining the sovereignty and territorial integrity of other States.” Sadly, that sound advice went unobserved in Georgia, but it is still applicable elsewhere in the OSCE region.(5) The statement delivered by France on behalf of the countries of the European Union failed to address the conflict. During the plenary, only Norway and Switzerland joined the United States in raising humanitarian concerns stemming from the conflict. In reply, the head of the Russian delegation delivered a tough statement which sidestepped humanitarian concerns, declaring that discussion of Georgia’s territorial integrity was now “irrelevant.” He called on participating States to adopt a pragmatic approach and urged acknowledgment of the creation of the new sovereign states of Abkhazia and South Ossetia, terming their independence “irreversible” and “irrevocable.” Perhaps more surprising than this Russian bluster was the failure of any major NGO, including those who had been active in the conflict zone collecting information and working on humanitarian relief, to take advantage of the opportunity to raise the issue of South Ossetia during the opening plenary. As the HDIM moved into its working sessions, which cover the principal OSCE human dimension commitments, coverage of the conflict fared better. The Representative on Freedom of the Media remarked, in opening the session on free speech and freedom of the media that, for the first time in some years, two OSCE participating States were at war. During that session, he and other speakers called on the Russian Federation to permit independent media access to occupied areas to investigate the charges and counter-charges of genocide and ethnic cleansing. The tolerance discussion included calls by several delegations for Russia to cooperate and respond favorably to the HCNM’s request for access to South Ossetia to investigate the human rights situation in that part of Georgia. Disappointingly, during the session devoted to humanitarian commitments, several statements, including those of the ODHIR moderator and EU spokesperson, focused narrowly on labor conditions and migration, and failed to raise concerns regarding refugees and displaced persons, normally a major focus of this agenda item and obviously relevant to the Georgia crisis. Nevertheless, the session developed into one of the more animated at the HDIM. The Georgian delegation, which had been silent up to that point, spoke out against Russian aggression and alleged numerous human rights abuses. It expressed gratitude to the European Union for sending monitors to the conflict zone and urged the EU to pressure Russia to fully implement the Six-Point Ceasefire agreement negotiated by French President Sarkozy. The United States joined several delegations and NGOs calling on all parties to the conflict to observe their international obligations to protect refugees and create conditions for their security and safe voluntary return. In a pattern observed throughout the meeting, the Russian delegation did not respond to Georgian charges. It left it to an NGO, “Ossetia Accuses,” to make Russia’s case that Georgia had committed genocide against the people of South Ossetia. A common theme among many interventions was a call for an independent investigation of the causes of the conflict and a better monitoring of the plight of refugees, but to date Russian and South Ossetian authorities have denied both peacekeeping monitors and international journalists access to the region from elsewhere in Georgia. A joint assessment mission of experts from ODIHR and the HCNM, undertaken in mid-October, were initially denied access to South Ossetia, with limited access to Abkhazia granted to some team members. Eventually, several experts did gain access to the conflict zone in South Ossetia, though to accomplish this they had to travel from the north via the Russian Federation. One can only speculate why Georgia received such limited treatment at this HDIM. The crisis in the south Caucasus had dominated OSCE discussions at the Permanent Council in Vienna for weeks preceding the HDIM. Some participants may have feared that addressing it in Warsaw might have crowded out the broader human rights agenda. Others may have felt that, in the absence of a clear picture of the circumstances surrounding the conflict and with so many unanswered questions, it was best not to be too critical or too accusatory of either party. The EU (and particularly the French) were, at the time of the HDIM, in the process of negotiating the deployment of European observers to the conflict zone, and may have feared that criticism of Russia at this forum would have only complicated the task. In fact, the EU’s only oblique reference to Georgia was made at HDIM’s penultimate working session (a discussion which focused on human dimension “project activity”) in connection with the work of High Commissioner for National Minorities. (One observer of this session remarked that there seemed to be a greater stomach for dinging the OSCE Office for Democratic Institutions and Human Rights for shortcomings in its work than for criticizing Russia for invading a neighboring OSCE participating State.) Finally, other participants, particularly NGOs, seemed more inclined to view human rights narrowly in terms of how governments treat their own citizens and not in terms of how the failure to respect key principles of sovereignty and territorial integrity are invariably accompanied by gross violations of human rights and can produce humanitarian disasters. Amid simmering tensions between Russia and Georgia which could erupt into renewed fighting, and completion of a report requested by the Finnish Chairmanship in time for the OSCE’s Ministerial in Helsinki in early December, Ministers will have to grapple with the impact of the south Caucasus conflict and what role the OSCE will have. Beyond Warsaw The relative quiet of the HDIM notwithstanding, French President M. Nicolas Sarkozy put a spotlight on OSCE issues during the course of the meeting. Speaking at a conference in Evian, France, on October 8, he responded to a call by Russian President Dmitri Medvedev, issued in June during meetings with German Chancellor Angela Merkel, for a new “European Security Treaty” to revise Europe’s security architecture – a move seen by many as an attempt to rein in existing regional security organizations, including NATO and the OSCE. President Sarkozy indicated a willingness to discuss Medvedev’s ideas, but argued they should be addressed in the context of a special OSCE summit, which Sarkozy suggested could be held in 2009. The escalating global economic crisis was also very much on the minds of participants at the HDIM as daily reports of faltering financial institutions, plummeting markets, and capital flight promoted concerns over implications for the human dimension. Several delegations voiced particular concern over the possible adverse impact on foreign workers and those depending on remittances to make ends meet. Looking Ahead The human rights and humanitarian concerns stemming from the war in South Ossetia will likely come into sharper focus in the lead up to the December OSCE Ministerial in Helsinki as talks on the conflict resume in Geneva, and OSCE and other experts attempt to document the circumstances surrounding the outbreak of fighting and current conditions. The coming weeks can also be expected to bring renewed calls for an overhaul of the human dimension and the ODIHR by those seeking to curb attention paid to human rights and subordinate election monitoring activities. It remains to be seen whether Kazakhstan will fulfill the commitments it made a year ago in Madrid to undertake meaningful reforms by the end of this year. There is also the risk that a deepening economic crisis will divert attention elsewhere, even as the resulting fallout in the human dimension begins to manifest itself. It is unclear what priorities the Greek chairmanship will be set for 2009, a year that portends peril and promise. Notes (1) OSCE Human Dimension Implementation Meetings are held every year, unless there is a Summit. Summits of Heads of State or Government are preceded by Review Conferences, which are mandated to review implementation of all OSCE commitments in all areas (military-security, economic and environmental cooperation, and the human dimension). (2) Helsinki Document 1992, The Challenges of Change, IV (16). (3) Interestingly, at the session on human rights and counterterrorism, moderator Zbigniew Lasocik, member of the United Nations Subcommittee on Prevention of Torture, noted that Poland’s Constitutional Court had, the previous day, struck down a 2004 law that purported to allow the military to shoot down hijacked commercial aircraft – even if they were being used as weapons like the planes that killed thousands of people on 9/11. The Court reportedly reasoned that shooting down an aircraft being used as bomb would infringe on the constitutional protection of human life and dignity of the passengers. (4) Turkmenistan sent a representative to the HDIM in 2005 for the first time in several years. While responding to criticism delivered in the sessions, the representative appeared to focus more on monitoring the activities of Turkmen NGOs participating in the meeting. Turkmenistan subsequently complained that certain individuals who had been charged with crimes against the State should not be allowed to participate in OSCE meetings. Turkmenistan officials did not participate in the 2006 or 2007 HDIMs. Participation in the 2008 meeting would have been a welcome signal regarding current political developments. (5) The HCNM had previously expressed concern regarding Hungary’s overreach vis-a-vis ethnic Hungarian minorities in neighboring countries. In 2004, Hungary held a referendum on extending Hungarian citizenship to ethnic Hungarians abroad – an idea that still holds political currency in some quarters of Hungary – but the referendum failed due to low voter turnout.

  • Symposium Focused on Future of the OSCE

    By Janice Helwig, Policy Advisor The Embassy of Finland and the Center for Transatlantic Relations at John Hopkins University held a half-day symposium on October 15 to discuss the future of the OSCE. The symposium succeeded in laying out clearly the challenges currently facing the 56-state organization. There were, however, more questions than answers when it came to ideas on how to address those challenges. Participants in the symposium included the Secretary of State of Finland, prominent figures from OSCE’s past, academics, representatives of participating States, NGOs, and the Helsinki Commission. Finland currently holds the Chairmanship of the Vienna-based OSCE. At the outset of the meeting, there was an acknowledgement that Russia’s invasion of Georgia in early August altered the program originally envisioned by the Finnish chairmanship for the OSCE. Other issues raised included open challenges to core OSCE principles, values, and commitments; internal divisions and lack of consensus over what the organization should be doing; implications of a stronger and more active EU; and whether there is waning support for the OSCE in Washington. Rather than offering prescriptions for overcoming these challenges, many speakers instead underlined the challenges by reflecting their governments’ views of the OSCE. For example, the Russian speaker focused on President Medvedev’s June call for a new European security architecture and the need to reform the OSCE, a longstanding Moscow demand. U.S. State Department Assistant Secretary and Helsinki Commissioner David Kramer focused on the importance of implementing OSCE commitments on human rights, and the need for Kazakhstan to implement its Madrid reform promises in advance of its 2010 Chairmanship. The Kazakhstani speaker foreshadowed what could signal – for the U.S. at least – problematic views with serious implications for his country’s chairmanship, including questioning the validity and universal applicability of OSCE standards and commitments as well as raising doubt over the continued need for field missions. OSCE Secretariat representative Paul Fritch laid out frankly the challenges facing the OSCE today, and tried to start a discussion of how to address them. Early History of the Helsinki Process* The first panel focused on the history of the Helsinki Process, and featured U.S. Ambassador Max Kampelman (ret.), who had been active in the process in the 1980s, and Finnish Ambassador Markuu Reimaa, who recently published a book, Helsinki Catch, covering the negotiations leading up to the 1975 signing of the Helsinki Final Act. Ambassador Kampelman focused on his personal experiences and on the Madrid Meeting of the CSCE (1980-1983). He stressed that the CSCE was at that time the main framework for U.S.-Soviet dialogue and for reinforcing relations with NATO allies. Kampelman acknowledged the key role played by Commission staff throughout the Madrid Meeting. He then claimed to reveal a long-held secret that he had leveraged the Soviet desire to end the Madrid Meeting by securing permission for some 250,000 individuals - mostly Jews - to emigrate from the U.S.S.R. to Israel. Ambassador Reimaa cited the 1968 Soviet invasion of Czechoslovakia as a crucial event that opened the eyes of many in both the West and East. He said that the negotiations leading up to the Helsinki Final Act were successful partly because none of the countries (numbering 35 at the time) expected much to come of the process. He suggested that, within two years, the Soviets were questioning the wisdom of their involvement, but that the Helsinki Process was like “a fish trap”: once in, you could not get out. He stressed the importance of dialogue, noting that CSCE offered the only venue where meaningful talks continued during the frosty first half of the 1980’s. Strengths and Weaknesses The second panel focused on the current Finnish Chairmanship of the OSCE, and featured Finnish State Secretary Pertti Torstila and Professor Terrence Hopmann of Johns Hopkins University SAIS. Secretary Torstila said that OSCE’s relevance was proven most recently in connection with the conflict in Georgia, but serious challenges to it exist in today’s world. A consensus-based organization cannot be greater than the sum of its parts, and many OSCE States are weak in their commitment to core principles. Secretary Torstila acknowledged that the state-building begun in the aftermath of the collapse of the U.S.S.R. remains incomplete, and urged that the OSCE be used as a venue for dialogue. In addition, the OSCE must avoid getting dragged down by internal wrangling, as some other International Organizations have done. He related that the CiO believes that the OSCE needs to be more involved in settling conflicts, not just managing them after the fact. Torstila provided a disappointing update on talks on Georgia that had opened and abruptly closed earlier that day in Geneva. Professor Hopmann said that the OSCE is in deep crisis at this point, arguing that the U.S. and Russia must decide if they believe the OSCE is worthwhile or not. Hopmann went on at length about the weakness of the organization’s conflict prevention capacity and the need to look at the relationship between core principles like self-determination and territorial integrity. He was highly critical of the lack of U.S. support for the organization, quipping that Washington spent more on Iraq in one hour than on the OSCE for an entire year. Beyond dwindling resources, he cited the failure of the U.S. Secretary of State to attend an OSCE Ministerial since Colin Powell in 2003. (Helsinki will serve as the venue for the 2008 OSCE Ministerial in early December.) Hopmann appealed for the next administration to play a more active role in the OSCE. The third panel focused on the future of the OSCE. It featured Mr. Aleksandr Lukashevich from the Russian Embassy, Assistant Secretary of State and Helsinki Commissioner David Kramer, Kazakhstani Ambassador at Large for OSCE Askar Tazhiev, and Director of the Office of the OSCE Secretary General, Paul Fritch. Mr. Lukashevich gave what appeared to be a scripted presentation of Russian views of the OSCE. He argued that the organization has failed to take the shape of an integrated security architecture that Russia had hoped it would. Instead, each OSCE country pursues its own agenda and geographic splits result. No country should predominate in the OSCE, and there should not be any “spheres of influence” in the organization. He repeated Russian assertions that the OSCE needs legal status, as well as a treaty-based Charter defining its goals adopted at the same time; he insisted that the U.S. fear that a Charter would undermine existing OSCE commitments is unfounded. Notwithstanding the restrictive proposals Moscow has circulated over the past couple of years that would undermine OSCE election observation activities and seriously weaken the role of NGOs in the organization, he rejected the notion that Russia is seeking to weaken existing OSCE institutions, including the Office for Democratic Institutions and Human Rights (ODIHR). He insisted that Russia has a positive agenda in the OSCE and wants to give the organization a “second wind.” Moreover, Russian President Medvedev has proposed discussion of a treaty on European security that would be legally binding and that would lay out the role and obligations of States for the medium- to long-term. The new treaty should stress that all States are equal and that there should be uniform rules and legally binding security guarantees for all, as well as uniform interpretation and implementation of the treaty. Mr. Lukashevich floated a proposal for an international forum with the participation of all OSCE countries as well as leading International Organizations. He said Russia hopes that the proposal could be reflected in the upcoming Helsinki Ministerial. Assistant Secretary of State and Helsinki Commissioner David Kramer stressed the importance of implementation of existing OSCE human rights commitments. He said that the U.S. would oppose any efforts to dilute OSCE standards or undermine the organization’s effectiveness, including its election observation activities undertaken by ODIHR and the Parliamentary Assembly. Kramer pointed out that most of the criticism of the OSCE seems to be coming from those States where fundamental freedoms are facing the most challenges. He then turned to Kazakhstan and the reform program it committed to late last year in Madrid concerning its 2010 Chairmanship. Kramer said that the U.S. is prepared to help Kazakhstan make progress on its Madrid commitments. However, currently, human rights defenders, NGOs, and independent media in Kazakhstan are threatened. Concerning Georgia, he stressed that the Russian Federation is responsible for protecting persons remaining in South Ossetia and for maintaining public order in all areas effectively under Russian control. Kramer insisted that OSCE monitors must have unimpeded access to all areas of Georgia, including South Ossetia. Kazakhstani Ambassador-at-Large for OSCE Askar Tazhiev’s statement raised serious questions about how his country might run its 2010 Chairmanship. Tazhiev stressed that there should be no blind adherence to OSCE commitments; rather, cultural differences and national particularities must be taken into account. Echoing long-standing Russian claims, he said the three dimensions of the OSCE – political/military, economic and environmental, and human - are imbalanced. There is too much emphasis on the human dimension and that should be fixed. Tazhiev reiterated Kazakhstan’s promise made in Madrid not to support efforts to weaken ODIHR or election observation, but at the same time endorsed Russian proposals concerning “strengthening” OSCE election observation. (Note: Russian initiatives would eviscerate election observation, for example by giving any country a virtual veto over every aspect of the process, including the evaluation of the conduct of the election.) He said that the effectiveness of OSCE field missions is in doubt, and many host countries – particularly those in Central Asia – feel their views are not being taken into account and are therefore questioning the further need for those missions. Finally, he noted that Kazakhstan supports Russia’s view that the OSCE needs a convention giving it legal personality as well as a Charter, adopted simultaneously. The Director of the Office of the OSCE Secretary General, Paul Fritch, gave a thoughtful overview of where the OSCE currently stands, and asked a series of questions (though not providing answers). In the 1990s, there was a unique and historic consensus within the organization. While some States view that period as the Golden Age, others view it as a time of humiliation. Consensus is now wearing thin in all three dimensions, and it is not in style to be a “country in transition.” The situation has changed dramatically, particularly with developments in Kosovo and Georgia. There is now open military confrontation in the OSCE region, between Georgia and Russia. There are also diverging views on energy and water resources which could lead to future conflicts. It is the first time that participating States are openly challenging the validity of OSCE commitments, and universal interpretation of them is yielding to local variations. At the same time that cohesion within the OSCE is eroding, external challenges are growing in scope and complexity. Relations with other International Organizations are changing as NATO expands and the EU becomes active in more areas. Fritch then threw out several good questions. How can the OSCE promote implementation of its values when some States openly challenge them (despite the fact that they were adopted on the basis of consensus)? Do OSCE mechanisms to deal with political military challenges need to be updated? What role can the OSCE play outside its geographical area? Will the OSCE take up Medvedev and Sarkozy’s proposal for a new security architecture and an OSCE summit in 2009? Now that the EU makes up half of the OSCE participating States, how will the two organizations divide their activities? In the discussion that followed, U.S. Ambassador Julie Finley rejected Terry Hopmann’s characterization of waning U.S. interest in the OSCE. In response to Russia, she stressed that actions speak louder than words. While recent Russian words have been lovely, corresponding actions have not. Picking up on the issue of legal personality raised by several speakers, she said that as soon as the U.S. had compromised and agreed to a limited legal convention, Russia reneged on the deal and began demanding that a treaty-based Charter be adopted at the same time. She asserted that Russia constantly moves the goalposts, and that is not constructive. The OSCE should look to the future and expand its activities, perhaps by bringing Libya, Syria, and Lebanon in as Mediterranean Partners for Cooperation. Spencer Oliver, Secretary General of the OSCE Parliamentary Assembly and former Commission Chief of Staff, drew on his extensive experience in the Helsinki Process dating back to the mid-1970s. He stressed the critical precedents set by the U.S. at the Belgrade Follow-up Meeting (1977-78) of naming names and being specific about human rights violations. Oliver credited Arthur J. Goldberg for his leadership of the U.S. delegation at Belgrade and commended the role played by Griffin Bell, appointed by President Carter to head the U.S. delegation at the opening of the Madrid Follow-up Meeting in 1980. Max Kampelman served under Bell until Ronald Reagan appointed him to lead the delegation through the end of the Madrid Meeting (1983). Oliver pointed out the irony that the OSCE, an organization promoting transparency, often operates behind closed doors. *encompassing the original Conference on Security and Cooperation in Europe (CSCE) and its successor since January 1, 1995, the Vienna-based Organization for Security and Cooperation in Europe (OSCE).

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