Title

Human Rights, Democracy, and Integration in South Central Europe

Thursday, June 15, 2006
2226 Rayburn House Office Building
Washington, DC 20515
United States
Official Transcript: 
Members: 
Name: 
Hon. Sam Brownback
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Chris Smith
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Ben Cardin
Title Text: 
Ranking Member
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. George Voinovich
Title Text: 
Congressmember
Body: 
United States Senate
Witnesses: 
Name: 
Hon. Rosemary A DiCarlo
Title: 
Deputy Assistant Secretary of State
Body: 
United States Department of State, Bureau of European and Eurasian Affairs
Name: 
Daniel Serwer
Title: 
Director of Peace and Stability Operations
Body: 
United States Institute of Peace
Name: 
Janusz Bugajski
Title: 
Director of the New European Democracies Project and Senior Fellow in the Europe Program
Body: 
Center for Strategic and International Studies
Name: 
Nicolae Gheorghe
Title: 
Senior Advisor, Office for Democratic Institutions and Human Rights
Body: 
Organization for Security and Cooperation in Europe
Name: 
Joseph K. Grieboski
Title: 
President and Founder
Body: 
Institute for Religion and Public Policy

The hearing, led by the Hon. Christopher H. Smith,  the Hon. Sam Brownback , and the Hon. Benjamin L. Cardin, focused primarily on the legal restrictions on religious activities and other attacks on religious freedom, lagging efforts to combat trafficking in persons, discrimination and violence against Roma, and the prevalence of official corruption and organized crime.

The efforts to encourage Bosnia-Herzegovina to move beyond the limitations imposed by the Dayton Peace Agreement will be discussed. Further, the plight of the displaced and minority communities of Kosovo, and the need for Serbia to cooperate fully with the International Criminal Tribunal will also be covered. 
 

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  • Report: Northern Ireland: Codel DeConcini Trip Report

    The Helsinki Commission was urged by several non-governmental organizations (NGOs) to make a contribution to the public debate on Northern Ireland. Human rights reports by well-respected NGOs such as Amnesty International and Helsinki Watch have documented persistent human rights abuses by security and paramilitary forces. Serious questions have been raised about the administration of justice as well. And to this day, issues of social and economic justice dominate the political dialogue between the two communities of Northern Ireland. Prior to its visit, the Commission was warned that, given its complex realities and historic passions, Northern Ireland often defies understanding. Nevertheless, the delegation, which in. addition to Senator DeConcini, included Commission Deputy Staff Directors Jane Fisher and Mary Sue Hafner, as well as, Mary Hawkins of Senator DeConcini's personal staff, came away with a better perception of what drives this conflict. The delegation began its fact-finding trip on the premise that any evaluation of the situation in Northern Ireland must consider not only traditional human rights violations, bu he erosion of a democratic system by terrorist activity. Indeed, the delegation viewed errorist acts by paramilitary forces from both communities as one of the worst recurring auses of human rights violations. At the same time, the delegation agreed the root causes of that terrorism should also be examined. As local religious leaders admonished, "an valuation of Northern Ireland based upon CSCE standards and principles must addres he dangers it confronts.'' This view reflected the competing interests that challening Northern Ireland today: on the one hand, efforts by one of the world's oldest democracies to promote and protect human rights and the rule of law; on the other, the need to combat a vicious terrorist movement that has taken thousands of lives.

  • Report: Russians in Estonia: Problems and Prospects

    In summer 1991, the Helsinki Commission examined the situation of Russians in Estonia, in the form of a chapter of a larger report on national minorities in the CSCE context. The present report is essentially an update, and was occasioned by the most significant event affecting the status of Russians in Estonia since the country regained its independence in_ September 1991. In February 1992, Estonia passed a law that restored citizenship only to citizens of the interwar Estonian Republic and their descendants. Consequently, the great majority of Estonia's Russians, most of whom came to Estonia after its forcible incorporation into the Soviet Union in 1940, did not automatically becom citizens of Estonia and could not vote in the country's first: national election after the restoration of its independent, statehood, held on September 20, 1992. Estonia's citizenship law and the resultant exclusion of about 40 percent of the resident population from voting elicited from Russians, both inside and outside Estonia, charges of discrimination and human rights violations. Russian government officials and parliamentarians protested Estonia's treatment of Russians in international forums, in the media, and in Washington and other Western capitals. Considering their allegations of human rights violations, the Helsinki . Commission sent two staffers to Estonia to talk to Russians and Estonians and Study the situation on the ground before the election and on election day. Their primary mission was not to observe the election per se and this is not an election report; in fact, the Commission believed that the Estonian election authorities were quite capable of organizing free and fair elections. Rather, the Commission hoped to examine the reasons for, and possible consequences of, Estonia's deliberate decision not to giye citizenship and the vote to. some 40 percent of the population. The following is a report of the Commission staffs investigation. Their research and conclusions are based on interviews and discussions conducted in Tallinn, Kohtla-Jarve, Sillamae and Narva. The last three cities are in northeast Estonia and are mostly populated by Russians.

  • Parliamentary and Presidential Elections in an Independent Croatia

    On August 2, 1992, Croatia held elections for the position of President of the Republic as well as for seats in the House of Representatives, one of two chambers in Croatia's "Sabor," or Assembly. These were the second multi-party elections in Croatia since 1990, when alternative political parties first competed for power. They were, however, the first since Croatia proclaimed itself an independent state in 1991, and achieved international recognition as such in 1992, following the violent disintegration of Yugoslavia. Incumbent Franjo Tudjman easily won a first-round victory among a field of eight presidential candidates. His party, the ruling Croatian Democratic Union (HDZ), also won just over half of the parliamentary seats allocated in proportion to votes for the lists of 17 parties, and a very large number of the seats designated for particular electoral districts. This result allows the HDZ to form a new government alone rather than in coalition with other parties. A shift to the far right, which many feared, did not materialize. Despite a number of open questions, the election results likely reflect the legitimate choice of Croatia's voting population. At the same time, the elections demonstrated disappointingly little democratic progress in Croatia since 1990. Detracting most from the elections was the lack of serious effort by the authorities to instill confidence in the electoral system, followed by the perceived political motivation in scheduling them in August. The elections also revealed some shortcomings on the part of the opposition, including a lack of coordinated effort to ensure that they were conducted freely and fairly. Croatia has a western-oriented, well educated and sophisticated society which provide a basis for democratic government. Decades of communist rule and a fierce nationalism linked to Croatia's search for independence have, at the same time, unleashed societal trends contrary to democratic development. The context in which these elections took place was also complicated by the conflict in Croatia that began in earnest in July 1991 as militants among the alienated ethnic-Serb population of Croatia, with the encouragement of the Serbian leadership in Belgrade and the help of the Yugoslav military, demonstrated violently their opposition to the republic's independence. After severe human casualties, population displacement and destruction, the conflict generally ended in January 1992 with a U.N. negotiated ceasefire that included the deployment of U.N. protection forces on much of Croatia's territory A new constitution and growing stability argued for holding new elections. Despite opposition complaints that August was not an appropriate time for elections, President Tudjman scheduled them with the likely calculation that his party stood its best chances in a quick election before growing economic hardship and pressure for genuine democratization replaced the joys of independence and renewed peace. During the campaign period, 29 political parties fielded candidates. They faced no major difficulties in organizing rallies and distributing their literature to the public. At the same time, the Croatian media was only moderately free, with television and radio broadcasts much less so than newspapers and journals. Only toward the end of the campaign did the media seem to open up fully The stated objective in organizing the elections was to be fair and impartial to all contending parties. At the same time, the electoral procedures were not as fully satisfactory as they easily could have been, raising suspicions of an intent to manipulate the results. However, opposition political parties considered the process sufficiently fair for them to compete. They also had the opportunity to have observers present at polling stations and election commissions on election day. According to a constitutional law on the matter, Croatia's national minorities enjoy certain rights regarding their representation in governmental bodies. Ethnic Serbs, the only large minority with some 12 percent of the population, were guaranteed a greater number of seats in the new Sabor than all other minorities combined, but, unlike the smaller minorities, no elections were held in which ethnic Serbs alone could chose their representatives. This was viewed as discriminatory treatment of the Serbian minority, despite apparently small Serbian participation in the elections. Balloting on election day was orderly, despite the enormous complications caused by the conflict and questions of citizenship and voter eligibility in a newly independent country. There were few complaints in regard to the way in which the voting and counting were carried out, although several isolated problems were reported and the security of ballots cast by voters abroad was a constant concern. Despite these faults, holding elections might well have been a watershed for Croatia. Problems in that country's democratic development were given closer scrutiny, and public concerns can now shift from the recent past to future prospects. The winners could view their easy win as a mandate for continuing current policies, largely viewed as nationalistic and insufficiently democratic. However, the far right's poor performance could lessen pressure on the HDZ to show its nationalist colors and permit greater democratic development. The behavior of HDZ leaders to date favors the status quo in the short run, but domestic and international pressure could both encourage more significant democratic reform than has been seen thus far.

  • PRESIDENTIAL ELECTIONS AND INDEPENDENCE REFERENDUMS IN THE BALTIC STATES, THE SOVIET UNION AND SUCCESSOR STATES

    1991 was the year of independence referendums and presidential elections in the republics of the Soviet Union. Not coincidentally, it was also the year the Soviet Union fell apart. Its Communist Party elite and institutions proved unable to continue ruling through intimidation or to overcome the powerful sweep of nationalism, stoked by the personal ambition of politicians and mediated through electoral politics. With varying defrees of satisfaction and eagerness, the Baltic States and the constituent republics struck out on their own. The following is a compilation of reports by the Helsinki Commission on presidential elections and independence referendums in the Baltic States, the Soviet Union, and successor states in 1991 and 1992.

  • The Yugoslav Republics: Prospects for Peace and Human Rights

    This hearing reviewed the political crisis and the civil conflict in Yugoslavia. The purpose was to examine the different aspects in which is fueling the crisis. The hearing looked at the role of the OSCE process in its efforts to shape the international strength in resolving the Yugoslav conflict. Representatives from the European community gave testimony on the proposals and plan implementation carried out by the European Council and of the member states. The issue of military hardware and tensions related to large mobilized forces were mentioned, along with the peace settlement dimension for the succeeding states of Yugoslavia.

  • The New Commonwealth of Independent States: Problems, Perspectives, and U.S. Policy Implications

    This hearing discussed the dissolution of the Soviet Union and the creation of a series of succeeding states. The hearing covered the theme of regional and ethnic divisions as key elements in the unpredicted dissolution of the Soviet Union. The witnesses covered the particular challenges of securing peaceful independence from the “commonwealth of former Soviet Republics” and the democratization process. The conversation centered on the human rights dimension and the process of newly created states signing on to several international treaties and obtaining memberships in international organizations.

  • Report: the Referendum on Indipendence and Presidential Election in Uzbekistan

    Uzbekistan held a referendum on independence and its first direct, contested presidential election on December 29,1991. According to the republic's Central Election Commission, over 98 percent of voters cast ballots for independence, and more - important - 86 percent voted for Islam Karimov as president. Karimov, former head of Uzbekistan's Communist Party (now renamed Party deputy to the republic's Supreme Soviet and chairman of the opposition party Erk). Uzbekistan's referendum on independence was a mere formality, given the dissolution of the URSS. Karimov's victory in a direct, two-candidate election signaled significant progress compared to the republic's previous practices and relative to other Central Asia republics, most of which did not hold contested presidential elections. But Karimov's advantages over Salih in the campaign, the exclusion of Pulatov, and the prevalence of old voting habits, both among voters and polling station officials, indicate that much remains to be done before Uzbekistan attains Western and CSCE notions of political pluralism and electoral probity. Two Helsinki Commission staffers observed Uzbekistan's referendum and presidential election, at the invitation of the republic's Supreme Soviet. They spent four days in Tashkent, the capital, and also traveled to Samarkand, to interview spokesmen of unofficial movements about the election and the general political situation in Uzbekistan.

  • Report: Ukraine's Referendum on Independence and Presidential Election

    In an historic referendum/presidential election on December 1, 1991, residents of Ukraine overwhelmingly voted for independence and chose Leonid Kravchuk, the chairman of the republic’s Supreme Soviet, as president. Hundreds of foreign observers and correspondents watched as 84 percent of eligible voters went to the polls. Over 90 percent of participants, including many non-Ukrainians, cast ballots for independence. Former Communist Party apparatchik Kravchuk handily won the presidency on the first round, garnering about 60 percent of the votes. Ukraine’s emergence as an independent state ended any prospects of salvaging a federated or even confederated USSR. The results of the voting provided the direct impetus for the December 8 agreement among the presidents of Russia, Ukraine and Belarus to create the Commonwealth of Independent States as the successor entity to the Soviet Union, which they formally declared dead. Given the importance of Ukraine’s referendum and presidential election, as well as the republic’s size and regional differences, the Helsinki Commission sent three staffers to observe the voting. Ukraine’s parliament had previously conveyed formal invitations to the Commission, which selected three distinct cities as representative sites to monitor the voting, gauge the popular mood and gain different perspectives on the political implications: Kiev, the capital, in central Ukraine; Lviv, the regional capital of Western Ukraine, reputedly the most highly nationalist area of the republic; and Donetsk, in Eastern Ukraine, where the population is heavily Russian or Russified. Unfortunately, logistical and transportation breakdowns in the decaying Soviet Union foiled plans to reach Donetsk, and Commission staff instead traveled to the city of Kaniv (a small city on the Dnipro river). The following report is based on staff observations over several days, and is supplemented by many conversations with voters and officials, as well as Ukrainian and central Soviet newspaper and television coverage.

  • Ukraine's Referendum on Independence and Presidential Election

    In an historic referendum/presidential election on December 1, 1991, residents of Ukraine overwhelmingly voted for independence and chose Leonid Kravchuk, the chairman of the republic's Supreme Soviet, as president. Hundreds of foreign observers and correspondents watched as 84 percent of eligible voters went to the polls. Over 90 percent of participants, including many non-Ukrainians, cast ballots for independence. Former Communist Party apparatchik Kravchuk handily won the presidency on the first round, garnering about 60 percent of the votes. Among the candidates he defeated were two widely admired former dissidents and political prisoners who had served many years in Soviet prisons for advocating Ukrainian independence. The outcome of the referendum, while expected, was nevertheless momentous. Ukraine's emergence as an independent state ended any prospects of salvaging a federated or even confederated USSR. The results of the voting provided the direct impetus for the December 8 agreement among the presidents of Russia, Ukraine and Belarus to create the Commonwealth of Independent States as the successor entity to the Soviet Union, which they formally declared dead. The rise of Ukraine -- a large state with 52 million people, a highly developed industrial base, rich agricultural capabilities, and, not least, nuclear weapons on its territory -- also altered the geo-political map of Europe. Western capitals, observing the quickly unfolding events and grasping their ramifications, made determined efforts to stop referring to the new republic in their midst as "the" Ukraine, while pondering how its military plans and potential affect security arrangements in the post Cold War world. Given the importance of Ukraine's referendum and presidential election, as well as the republic's size and regional differences, the Helsinki Commission sent three staffers to observe the voting. Ukraine's parliament had previously conveyed formal invitations to the Commission, which selected three distinct cities as representative sites to monitor the voting, gauge the popular mood and gain different perspectives on the political implications: Kiev, the capital, in central Ukraine; Lviv, the regional capital of Western Ukraine, reputedly the most highly nationalist area of the republic; and Donetsk, in Eastern Ukraine, where the population is heavily Russian or Russified. Unfortunately, logistical and transportation breakdowns in the decaying Soviet Union foiled plans to reach Donetsk, and Commission staff instead traveled to the city of Kaniv (a small city on the Dnipro river). The following report is based on staff observations over several days, and is supplemented by many conversations with voters and officials, as well as Ukrainian and central Soviet newspaper and television coverage.

  • Report: the Oslo Seminar of Experts on Democratic Institutions

    From November 4-15, the CSCE Seminar of Experts on Democratic Institutions met in Oslo, Norway, pursuant to a mandate contained in the 1991 Charter of Paris for a New Europe. Accordingly, experts discussed means and ways for "consolidating and strengthening viable democratic institutions." During the course of the Seminar, participants met in three closed study groups in which they considered constitutional and electoral frameworks, as well as comparative human rights legislation. In this context, numerous experts participated in the Oslo Seminar, contributing expositions on the differences among their various democratic traditions and often describing their national experiences in these areas. In addition, contacts among experts, non*governmental organizations, and government representatives in the margins of the meeting contributed to the overall work of the Seminar.

  • The Conflict in Yugoslavia

    The purpose of this hearing was to bring greater clarity to the situation in Yugoslavia and to discuss the effectiveness of the international response to date, especially in the CSCE, and how that response could be made more effective. The hearing witnesses, Principal Deputy Assistant Secretary for European and Canadian Affairs Ralph Johnson and Director of East European Studies at the Wilson Center Dr. John Lampe, gave astute assesments of the situation in the region and commented on policy options before the Congressmembers.

  • Turkmenistan's Referendum on Independence

    On October 26, 1991, Turkmenistan held a referendum on independence. Over 97 percent of eligible voters turned out to answer "Yes" or "No" to two questions, the first dealing with the republic's independence, the second seeking approval of President Saparmurad Niyazov's political and economic program. Over 94 percent of participants voted for independence; almost as high a percentage of voters voiced backing for Niyazov. On October 27, an extraordinary session of Turkmenistan's Supreme Soviet declared independence. Most republics of the former Soviet Union declared independence soon after the August 19, 1991 coup attempt. The much-delayed declaration by Turkmenistan's conservative government aimed at putting the republic on an equal footing with the other republics as negotiations among them and what remains of the center continue towards an uncertain conclusion. But Niyazov has made it quite clear that Turkmenistan's leaders will not countenance Baltic or Russian-style political pluralism on the road to independence. Equally clear from statements by the republic's official spokesmen and from the prominence of Iranian guests in Ashkhabad during the referendum is that Turkmenistan will pursue a regional foreign policy, oriented primarily towards developing good relations with its neighbors. Helsinki Commission staff traveled to Turkmenistan to observe the October 26 referendum. The Commission has been observing elections and referendums in the Baltic States and Soviet republics since February 1990. Except for monitoring the voting in the March 1991 All-Union referendum in Alma-Ata, Kazakhstan, however, the Commission has not been to Central Asia. The trip to Ashkhabad thus marks the beginning of a geographical expansion of Commission activity. U.S. policymakers have tended to neglect the region -- a habit that can no longer be afforded as the USSR dissolves and these republics become independent states and enter the world community. The trip's purposes were therefore not only to observe the balloting in the referendum but also to establish contact with the republic's leadership, to gain a sense of the leadership's plans, its attitude towards the CSCE and its commitments, and to meet with representatives of opposition groups. 

  • The Nagorno-Karabakh Crisis: Prospects For Resolution

    This hearing focused on Nagorno-Karabakh, a region in Azerbaijan that has historically been dominated by Armenians and, consequently, has requested to become part of Armenia. The Azeris did not take too kindly to this request, and bloody and violent conflict ensued between the two countries. The hearing examined whether there were still reasons for cautious optimism about a negotiated settlement. This dispute underscored the fact that almost all borders between republics in the former U.S.S.R. were then in dispute. Others present at the hearing included Commissioner Dennis DeConcini, members of the Russia Supreme Soviet Anatoly Shabad, Nadir Mekhtiyev, and Fyodor Shelov-Kovedyaev, Plenipotentiary Representative of Armenia to the United States Alexander Arzoumanian, and Dr. David Nissman, expert on Azerbaijan.

  • The Moscow Meeting of the Conference on the Human Dimension of the CSCE

    In accordance with the mandate of the Vienna Concluding Document, the 38 states participating in the Conference on Security and Cooperation in Europe (CSCE) met in Moscow from September 10 through October 4, 1991, for the third meeting of the Conference on the Human Dimension (CHD, or CDH from the French acronym) of the CSCE. The first meeting of the Conference was held in Paris from May 20 through June 23, 1989, and the second was held in Copenhagen from June 5 through 29, 1990. The meetings of the CHD address the full range of human rights and humanitarian concerns associated with the Helsinki process.

  • Geneva Meeting on National Minorities and Moscow Meeting on the Human Dimension

    The hearing will focus on two important CSCE meetings, the Geneva Experts Meeting on National Minorities.   The Geneva meeting which recently ended was mandated to discuss national minorities, the meeting had three components: exchange of views on practical experience; review of the implementation of relevant CSCE commitments; and consideration of new measures. The distinguished speaker will outline the major points of the Geneva meeting and how the United States can best utilize its success while moving towards the upcoming human dimension meeting in Moscow.

  • Report by the CSCE Staff: The Geneva CSCE Experts Meeting on National Minorities

    In accordance with the relevant provisions of the Charter of Paris, the representatives of the participating States had a thorough discussion on the issues of national minorities and of the rights of persons belonging to them that reflected the diversity of situations and of the legal, historical, political and eoonanic backgrounds. They had an exchange of views on practical experience with national minorities, in particular on national legislation, democratic institutions, international instruments and other possible forms of co-operation. Views were expressed on the inplementation of the relevant CSCE commitments, and the representatives of the participating States also considered the scope for the improvement of relevant stardards.They also considered new measures aimed at improving the implementation of the aforementioned commitments.

  • Minority Rights: Problems, Parameters, and Patterns in the CSCE Context

    Principle VII of the 1975 Helsinki Final Act pledges the participating States the "respect the right of persons belonging to [national] minorities to equality before the law, [to] afford them the full opportunity for the actual enjoyment of human rights and fundamental freedoms and will, in this manner, protect their legitimate interests in this sphere." Since the adoption of that language, problems of minorities have become more acute and, in some places, threatening to the very stability of Europe itself. As a consequence, minority rights have taken on a heightened profile in the Helsinki process. We are pleased to provide you with the following Helsinki Commission staff report on national minorities. Mandated to monitor and encourage progress in implementing the provisions of the Helsinki Final Act, the Commission feels it is its duty to address some of the more troubling issues confronting the CSCE community. Although not an exhaustive examination of minority rights, we hope this report will contribute to the discussion of these pressing issues by considering both violations of minority rights within the CSCE as well as instances of success.

  • Democratic Developments in Albania

    Beginning at the Copenhagen Human Dimension Meeting in June 1990, Albania has been granted observer status at CSCE meetings. Albania would like to move beyond its current observer status and become a full participant in the process. The Commission delegation had stated when it left after its first visit that it needed to see significant improvements in Albania s human rights performance before we could support Albania’s membership in the CSCE. There is no question that the situation has remarkably improved as of last year, a fact which we on the Helsinki Commission have welcomed and have even complimented the existing government for moving in what we consider the right direction. A key question now, in addition to that of CSCE membership, is how the United States can best develop these bilateral relations to the benefit of democracy in Albania.

  • Baltic Leadership on the Status of Independence Movements

    The Hearing comes at a time when there is great peril for the people of Lithuania, Estonia and Latvia. Soviet troops seized government buildings the aforementioned countries. The Baltic Military Personnel Unit has been reactivated to curb Soviet troop presence. The Baltic States have undergone immense destruction wrought by the hand of force from Moscow. The hearing will attempt to underscore the importance of American presence in the Balkan region.

  • Report: The Elections in Albania

    Taken as a whole, the Albanian elections cannot be considered free and fair. This does not mean, however, that the irregularities, intimidation and other problems encountered were necessarily sufficient to invalidate the results. The Party of Labor may well have won a majority of seats even if the election environment had been more free and fair, although it is questionable whether it would have still achieved the two-thirds benchmark critical for passing constitutional changes. Nevertheless, the very holding of these multi-party elections was a definite step forward. In the post-election period, the Democratic Party has refused to join the Party of Labor in any government coalition and has boycotted the Assembly until the perpetrators of a post-election crackdown on demonstrators which left several dead are identified. One of the most important and unanswered questions at present is the situation within the Party of Labor. Marty hard line leaders won election to the Assembly, but the current· President and Party First Secretary, Ramiz Alia, lost his seat, raising questions as to whether he can still lead the party and, if elected the new President as expected, will remain a powerful head of state. With or without further reform efforts, additional unrest can be expected in Albania. The country is now open to contact with the rest of the world and in dire need of foreign economic assistance. However, a slowdown in the pace of change -- let alone any rollback in the reforms undertaken to date -- will certainly be resisted by the population, the youth in particular, lead tonew waves of people seeking to leave the country and discourage foreign governments from extending any economic assistance other than purely humanitarian aid.

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