Title

Human Trafficking and Transnational Organized Crime: Assessing Trends and Combat Strategies

Thursday, November 03, 2011
10:00am
B-318 Rayburn House Office Building
Washington, DC
United States
Members: 
Name: 
Hon. Christopher Smith
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Benjamin Cardin
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Marco Rubio
Title Text: 
Commisioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Steve Cohen
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Greg Andres
Title: 
Deputy Assistant Attorney General
Body: 
Criminal Division/Department of Justice
Name: 
Piero Bonadeo
Title: 
Deputy Representative
Body: 
United Nations Office on Drugs and Crime
Name: 
Martina Vandenburg, Esq.
Title: 
Pro Bono Counsel
Body: 
The Freedom Network USA

Helsinki Commission Chairman Chris Smith (NJ-04), Senator Marco Rubio (R-FL), and other lawmakers examined how human trafficking laws need to adapt to the maturation of the illicit activity, specifically in light of the Trafficking Victims Protection Act that Smith introduced in 1998. In addition, Smith, Rubio, and others examined the link between transnational organized crime and human trafficking.

Witnesses testifying at the hearing – including Greg Andres, Deputy Assistant Attorney General, Criminal Division, with the Department of Justice; Piero Bonadeo, Deputy Representative with the United Nations Office on Drugs and Crime; and Martina Vandenburg, Esq., Pro Bono Counsel with the Freedom Network USA – focused on legislative proposals to combat organized criminal activity, the United Nations Office on Drugs and Crime’s (UNDOC’s) efforts, and, of course, human trafficking’s implications and consequences.

Relevant issues: 
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  • Russia and its Neighbors

    Dennis Deconcini (D-AZ) and other legislators discussed Russia’s relations with its neighboring countries. More specifically, concerning democratic reform, the hearing contrasted the economic criteria of privatization, the rate of inflation, currency emission, and subsidies to enterprises with Moscow’s policies vis-à-vis its neighbors. Of course, Russia’s neighbors are referred to as the New Independent States, and, as Deconcini argues, it is problematic when Russia militarily or economically coerces its neighbors to enter into unwanted, yet inevitable, political, security, or economic relationships.

  • Russia and NATO: Moscow’s Foreign Policy and the Partnership for Peace

    This briefing examined what role Russia would play in the Partnership for Peace and NATO. It also looks at human rights concerns as well as military, security, and economic relations bewteen Russia and the West. Several complexities of this situation in the context of the post-communist period were addressed. Witnesses testifying at the briefing – including Lawrence DiRita, Deputy Director of Foreign and Defense Policy for the Heritage Foundation and Dr. Phillip Petersen, Principle Researcher for the Potomac Foundation – evaluated the Partnership for Peace Framework, which worked towards establishing partnerships with a number of European country, including those of the former Soviet Union. The role of Russian policy in this partnership was an especially debated topic.

  • CSCE to Examine Repression against Evangelicals in Former Soviet Union

    Chris Smith, ranking Republican on the Commission on Security and Cooperation in Europe, addressed both the opportunities for democratic, economic, and social reforms in Eastern Europe and the former Soviet Union, and the difficulties of achieving these reforms presented by renewed tensions based on nationality and religion. The rise of extreme nationalism was cited as a key factor in the rise of religious intolerance in this region. Witnesses testifying at the briefing – including Boris Pechatkin and Edward Zawistowski of the Russian-American Institute for Adaption, and Lauren Homer, Director of Law and Liberty Trust – addressed the difficulties that have been encountered in ending religious prosecution following the fall of the Soviet Union. The impact of a breakdown of law and order in the countries of Eastern Europe was evaluated as a mechanism for religious injustice.

  • Russia's Parliamentary Election and Constitutional Referendum

    This report is based on a Helsinki Commission staff delegation to Russia to observe the December 12, 1993 parliamentary election and constitutional referendum. Because of the importance of the event, and because charges had been leveled of improprieties and unfair access to the media, the Commission sent five staff members to Russia to observe the process for a period of more than two weeks. Michael Ochs and Orest Deychak went to Russia two weeks before the voting to monitor the pre-election campaign. The Commission's Senior Advisor, David Evans, and staff members John Finerty and Heather Hurlburt, arrived subsequently and remained through December 12, when they monitored balloting in various cities and regions.  Despite a number of problems and irregularities, both during the campaign and the voting, the Helsinki Commission believes that the Russian voters were able to express their political will freely and fairly. The Russians have made genuine progress in bringing their electoral procedures into conformity with international standards, and the election itself represents a significant step in the ongoing process of democratization in Russia.

  • The Current State and Future Prospects of Democracy in Russia

    As its name suggests, this hearing, which Steny H. Hoyer presided over, dealt with the prospect for the implementation of democratic institutions in the former Soviet Union. In addition, though, part of the hearing focused on the Russian legislature’s dissolution after the presidency of Mikhail Gorbachev (i.e. post-Communism), as well as, of course, Russia and its formerly incorporated countries’ courses for the future. Witnesses who attended this hearing were: Michael Dobbs, Resident Scholar at the Wilson Center’s Kennan Institute; Dr. Leon Aron, Resident Scholar at the American Enterprise Institute; and Dr. Robert Krieble, Chairman of the Krieble Institute of the Free Congress Foundation.

  • CSCE Implementation Meeting on Human Dimension Issues

    Against a backdrop of savage conflicts in Bosnia-Herzegovina, Nagorno Karabakh, and Georgia, attendant refugee crises throughout the region, and a wave of sometimes violent racism and xenophobia even in long-established European democracies, the participating states of the Conference on Security and Cooperation in Europe (CSCE) met in Warsaw, Poland in 1993 for the first biannual Implementation Meeting on Human Dimension Issues As specified by the 1992 Helsinki Document, the meeting included a thorough exchange of views on the implementation of Human Dimension commitments, consideration of ways and means of improving implementation, and an evaluation of the procedures for monitoring compliance with commitments. The dramatic unfolding over the course of the meeting of the showdown within the Russian government-- culminating in the shelling of the Russian Parliament building by government troops-- served as a sober reminder to participants of the vulnerability of democracy in transition and the importance of shoring up Human Dimension compliance.

  • Ethnic Violence in Trans-Caucasia

    Chairman Dennis DeConcini addressed rising ethnic violence in Armenia, Azerbaijan and Georgia and emphasized this region as more violent than other post-Soviet states. He referred to the continuing violence in Abkhazia, a separatist region in Georgia, and the rising concerns about further deterioration of stability in the region and Russia’s role in the conflict. Witnesses - Dr. Paul Henze, Ross Vartian, Mourad Topalian, Ambassador Hafiz Pashayev, and Ambassador John Maresca - highlighted the conflict between proponents of self-determination and governments insisting on territorial integrity and the difficulty of negotiating with sides that see completely different situations.

  • Human Rights Policy Under the New Administration

    The purpose of this hearing was to examine the euphoria of the post-Cold War age in regards to the lack of confidence and political drive on how to promote commitments made in the Charter of Paris agreement. The hearing reviewed the actions made in the Balkans and Serbia’s continual territorial aggression and also developed democratic countries selectively applying human right policies. The Commissioners stressed the need for continual assistance to democratically developing countries, but to those countries that disrespect universal human rights should have additional pressures applied to change this behavior. The distinguished witnesses and Commissioners discussed ways in which the U.S. can help play a role in strengthening the United Nation’s ability to promote and protect human rights, as well as how the U.S. could use greater use of regional bodies similar the CSCE in conflict resolution.

  • Migrant Farmworkers in the United States (Part 1)

    At the 1992 Helsinki Summit, previously limited references to migrant workers were expanded, and the heads of state or government mandated the newly established Office for Democratic Institutions and Human Rights to convene a seminar on migrant workers.  In the context of this expanded OSCE focus, the Helsinki Commission organized five days of public briefings examining: farm labor economics, demographics and living conditions, health and safety concerns, farmworker children's issues, and possible strategies for addressing problems facing farmworkers, their families and their employers. Those briefings were held on July 20, 1992; October 9, 1992; February 19, 1993; March 1, 1993; and April 8, 1993. The Commission subsequently published the briefing transcripts along with materials for the records submitted by the panelists. In addition, the Commission held a briefing on April 21, 1993, to hear from participants in that first OSCE seminar on migrant workers. The first four briefings were published on the Commission website in May 1993. Click to read Part 2, Part 3, Part 4, and Part 5.

  • Migrant Farmworkers in the United States (Part 2)

    At the 1992 Helsinki Summit, previously limited references to migrant workers were expanded, and the heads of state or government mandated the newly established Office for Democratic Institutions and Human Rights to convene a seminar on migrant workers. In the context of this expanded OSCE focus, the Helsinki Commission organized five days of public briefings examining: farm labor economics, demographics and living conditions, health and safety concerns, farmworker children's issues, and possible strategies for addressing problems facing farmworkers, their families and their employers. Those briefings were held on July 20, 1992; October 9, 1992; February 19, 1993; March 1, 1993; and April 8, 1993. The Commission subsequently published the briefing transcripts along with materials for the records submitted by the panelists. In addition, the Commission held a briefing on April 21, 1993, to hear from participants in that first OSCE seminar on migrant workers. The first four briefings were published on the Commission website in May 1993.​ Since the 1960s, the federal government has established numerous service programs to help meet the needs of migrant farmworkers. From the early days, migrants have been considered a uniquely federal responsibility, primarily because of their interstate movement, which makes it hard for the workers and their families to qualify for local assistance and disrupts other services like schooling for the children. As these programs have evolved, many have come to serve nonmigrant seasonal farmworkers as well.  The programs to meet health, education, housing, job training, and other needs of migrant and seasonal farmworkers (MSFWs) have developed seperately. There are approximately 10 MSFW-specific service programs, and farmworkers also draw upon the assistance of numerous other general programs such as food stamps or Medicaid. The four largest federal programs are Migrant Education, administered by the Department of Education; Migrant Health and Migrant Head Start, both administered by the Department of Health and Human Services; and the Department of Labor's special job training programs for MSFWs under section 402 of the Job Training Partnership Act. Click to read Part 1, Part 3, and Part 4, and Part 5.

  • Migrant Farmworkers in the United States (Part 3)

    At the 1992 Helsinki Summit, previously limited references to migrant workers were expanded, and the heads of state or government mandated the newly established Office for Democratic Institutions and Human Rights to convene a seminar on migrant workers.  In the context of this expanded OSCE focus, the Helsinki Commission organized five days of public briefings examining: farm labor economics, demographics and living conditions, health and safety concerns, farmworker children's issues, and possible strategies for addressing problems facing farmworkers, their families and their employers. Those briefings were held on July 20, 1992; October 9, 1992; February 19, 1993; March 1, 1993; and April 8, 1993. The Commission subsequently published the briefing transcripts along with materials for the records submitted by the panelists. In addition, the Commission held a briefing on April 21, 1993, to hear from participants in that first OSCE seminar on migrant workers. The first four briefings were published on the Commission website in May 1993.​ Agriculture consistently ranks as one of the three most dangerous occupations in the United States, along with mining and construction. The hired farmworker men, women, and children who tend and harvest our nation's crops face a number of hazards in the workplace. For example, transportation of farmworkers to and from the fields in overcrowded trucks and vans which have had all seats and seat belts removed in order to pack in as many workers as possible, and which are driven by unlicensed, uninsured, and intoxicated drivers has resulted in vehicle overturns and crashes in which dozens of workers have been killed or maimed. Pesticide poisoning, falls from ladders, back strain from heavy lifting and prolonged bending, and farm machinery-related injuries and deaths are other hazards. Where workers lack drinking water, toilets, and wash water in the fields -- and evidence shows that only a small percentage of farm employers fully comply with the federal field sanitation regulations -- workers face an increased risk of contracting parasitic infections and other communicable diseases as well as of developing urinary tract infections, and suffering heat stroke or pesticide poisoning. Overcrowded, unsanitary living and working conditions make tuberculosis a growing occupational risk for farmworkers. Click to read Part 1, Part 2, Part 4, and Part 5. 

  • Migrant Farmworkers in the United States (Part 4)

    At the 1992 Helsinki Summit, previously limited references to migrant workers were expanded, and the heads of state or government mandated the newly established Office for Democratic Institutions and Human Rights to convene a seminar on migrant workers.  In the context of this expanded OSCE focus, the Helsinki Commission organized five days of public briefings examining: farm labor economics, demographics and living conditions, health and safety concerns, farmworker children's issues, and possible strategies for addressing problems facing farmworkers, their families and their employers. Those briefings were held on July 20, 1992; October 9, 1992; February 19, 1993; March 1, 1993; and April 8, 1993. The Commission subsequently published the briefing transcripts along with materials for the records submitted by the panelists. In addition, the Commission held a briefing on April 21, 1993, to hear from participants in that first OSCE seminar on migrant workers. The first four briefings were published on the Commission website in May 1993. The Environmental Protection Agency has revised its Worker Protection Standard (WPS) dealing with the protection of agricultural workers  from pesticide exposure (40 CFR Part 170). The new Worker Protection Standard contains requirements designed to reduce the risks of illness or injury resulting from pesticide handlers' and agricultural workers' occupational exposures and agricultural workers' and other persons' accidental exposures to pesticides used in the production of agricultural plants on farms, nurseries, greenhouses, and forests. Click to read Part 1, Part 2, Part 3, and Part 5.

  • Migrant Farmworkers in the United States (Part 5)

    At the 1992 Helsinki Summit, previously limited references to migrant workers were expanded, and the heads of state or government mandated the newly established Office for Democratic Institutions and Human Rights to convene a seminar on migrant workers.  In the context of this expanded OSCE focus, the Helsinki Commission organized five days of public briefings examining: farm labor economics, demographics and living conditions, health and safety concerns, farmworker children's issues, and possible strategies for addressing problems facing farmworkers, their families and their employers. Those briefings were held on July 20, 1992; October 9, 1992; February 19, 1993; March 1, 1993; and April 8, 1993. The Commission subsequently published the briefing transcripts along with materials for the records submitted by the panelists. In addition, the Commission held a briefing on April 21, 1993, to hear from participants in that first OSCE seminar on migrant workers. The first four briefings were published on the Commission website in May 1993. Sam Wise, staff director at the Commission, was joined by Maria Echaveste, Mike Hancock, and Linda Diane Mull in discussing the issue of migrant workers in the United States. They compared the treatment of migrant workers in Europe to the laws in the United States and mentioned that the United States focused greatly on illegal workers, as opposed to Europe. The briefing drew from the recent seminar in Warsaw on migrant workers and included members of the United States Delegation to the meeting, such as Maria Echavestee, who spoke of their observations. Click to read Part 1, Part 2, Part 3, and Part 4.

  • U.S. Helsinki Commission Delegation to Romania, Macedonia, Kosovo, and Vienna

    The Commissions Delegation's visit to Romania, the first since April 1990, had two main objectives. The first was to assess, though meetings with a broad spectrum of non-governmental and official actors, Romania's current level of democratic and market reform. The second was in recognition of Romania's critical role in the effort to enforce U.N. sanctions against Serbia and Macedonia, and the broader political strategic role of Romania in the Balkans. The delegation also traveled to Macedonia to complete the itinerary of a visit to the area in November 1992, which had to be cut short because of inclement weather conditions. Indeed, the signs of the oncoming winter which the Commission saw at that time led it to raise concern over the deteriorating condition which Macedonia and the tens of thousands of Bosnian refugees residing there faced. The April 1993 visit afforded a useful opportunity to see firsthand the extent to which the country had satisfactorily coped with these deteriorating conditions and the prospects generally for the stability and democratization of an independent Macedonia. The delegation then visited Kosovo to observe firsthand the volatile situation there. The situation is a matter of considerable international concern given the chances for the war in nearby Bosnia-Herzegovina to have a spillover effect in which the tension exist between the Serbian authorities and th majority Albanian population could erupt into violence, either by intent or by spontaneous incident. The delegation wanted to hear the views of the authorities as well as of the leaders of the Albanian community, and to raise its concerns, particularly to the authorities regarding human rights. Finally, the delegation wanted to learn about the activities of the CSCE mission of Long-Duration based in Kosovo to monitor developments in the area and to ease tension in society. The delegation finished its trip in Vienna, Austria to meet with the U.S. delegation to the CSCE. Vienna is becoming the CSCE's operational center, with the Conflict Prevention Center, which provided logistical support to the missions as well as the ongoing arms control and security forum, the Forum on Security Cooperation (FSC), and regular meeting of the participating States.  

  • The Countries of Central Asia: Problems in the Transition to Independence and the Implications

    This was the first Helsinki Commission hearing held on the Central Asian republics. The Commissioners and witnesses discussed five countries' transitions to independence, which were  complicated by the presence of repressive regimes that maintained the old Soviet-style order and economic turmoil. Chairman DeConcini opened the hearing by noting that the presidents of four out of the five new Central Asian countries were former first secretaries of the Communist Party. Dr. Martha Olcott, professor of political science at Colgate University, expressed concern over the rise of extremist ideologies of nationalism and Islam in the region, which were fuelled by economic stagnation. Firuz Kazemzadeh, professor emeritus as Yale University, argued instead that the dominant threat in the region came from the projection of Russian influence. This was corroborated by Micah Naftalin, director of the Union Council for Soviet Jews, who detailed the KGB's role in silencing the press and repressing opposition in Turkmenistan, and the growth and diffusion of anti-semitism from Russia into Central Asia. A final testimony was offered by Adbumannob Pulatov, chairman of the Uzbekistan Society for Human Rights. Pulatov decried the lack of press freedom in Uzbekistan and urged Congress to continue its monetary support of Radio Liberty. In the end, all four witnesses cautioned that human rights concerns often take a back seat to other issues, and that doing so could jeopardize progress in the field.

  • 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.

  • 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.

  • Staff Delegation to Moscow, Georgia, Moldova and Belarus

    Each country visited by the delegation has its own particular problems, as they all cope with their newly acquired independence. Their implementation of CSCE commitments naturally reflects the political circumstances obtaining in the country at large. Belarus exhibits little evidence of ethnic conflict (the situation of the Polish minority, while worrisome, is unlikely to become a state-threatening crisis) and Belarus has historic and ethnic reasons to cleave to Russia, despite the breakup of the USSR. As in Turkmenistan, Belarus's post-Soviet "stability" appears to mean relatively little organized political activity and the survival in power of the renamed Communist Party elite. On the other hand, such "stability" retards growth away from Soviet reality. By contrast, Georgia and Moldova are far more unstable. They share the unhappy reality of ethnic war, exacerbated in Georgia by a bitter rift between supporters of the current and former authorities. As states without Slavic majorities and with historic reasons to fear Russian domination, their efforts to create a non-Soviet personality and structure have been accompanied by major disruptions and bloodshed, while their relations with Russia -- an important factor in their hopes to achieve stability -- have been stormy. Georgia is engulfed in bloody ethnic disputes (particularly in South Ossetia, where a multilateral peacekeeping force has restrained the violence, and Abkhazia) and a political conflict (between backers of ousted President Zviad Gamsakhurdia and Eduard Shevardnadze). Gamsakhurdia's removal by force last January is the key to Georgian politics today, as it determines the legitimacy -- or lack of legitimacy -- of the current government and the battle between adherents of the opposing sides. Whether stability can be attained under such circumstances, even after the scheduled October parliamentary election, is unclear. Consequently, prospects are uncertain in Georgia for resolving ethnic tensions and establishing a law-based state which observes human rights and protects national minorities. The chief concern in Moldova is the carnage of the civil war in Transdniestria. President Snegur and other officials emphasized their wish to find a just solution to the issue but were clearly concerned about the aggressive position of Russia, while two major political groups charged that the Snegur administration had gravely mishandled the crisis. Parliamentarians and government representatives outlined other areas in which Chisinau was attempting to reconcile various claims and interests of the ethnic Moldovan Romanophone majority with those of the many other ethnic groups in the country. The editor of the major Jewish newspaper in Chisinau reported a significant rise in Jewish cultural activities, but also detected signs of an increase in "day-to-day anti-Semitism." Evangelical Christian leaders reported that their churches were carrying on an extensive program of evangelization, despite what they considered a noticeable tilt in Moldovan "freedom of conscience" legislation toward the "national" Orthodox church. In Belarus, democratization has made relatively little progress. The Belarusian Popular Front and its allies have secured enough petition signatures to force a referendum on establishing a new parliament, but the Front fears that the old-line majority in the parliament will delay holding the referendum until it can reinforce its grip on power. The press is entirely subsidized by the government, limiting the opposition's ability to get its message out. There are at least four "secrecy" refuseniks in Belarus, and although a new "exit and entry" law is being drafted, OVIR officials defended the present practice of detaining emigration applicants for up to five years on the basis of their access to "secrets." The leader of the Belarus Baptist community was enthusiastic about the new freedoms and opportunities enjoyed by the church, and praised Supreme Soviet Chairman Shushkevich for his positive attitude toward believers in Belarus. In contrast, the Roman Catholic Archbishop of Minsk and Mogilev charged that Minsk was delaying the return of churches and church property to the church, apparently out of fear that the predominantly Polish-language church was part of a Polish irredentist movement in Western Belarus.

  • Helsinki Commission Visit to Armenia, Azerbaijan, Tajikistan, Uzbekistan, Kazakhstan, and Ukraine

    This Helsinki Commission delegation was the first to visit the "former Soviet Union" since its breakup in December 1991. It was also the first Commission delegation visit to any of the former republics in their new status as independent countries, and the first ever to Ukraine, Azerbaijan, Tajikistan, Uzbekistan, and Kazakhstan. Of particular significance was the fact that all the former republics are now full­ fledged members of the Conference on Security and Cooperation in Europe (CSCE), having been admitted during the meeting of the CSCE Council of Ministers in Prague in late January 1992. Their entry into the CSCE means that all the governments of these newly independent countries have obligated themselves to implement Helsinki commitments, providing a standard by which their progress towards democratization, observance of human rights and free market economic systems can be measured. Moreover, since at least two of these countries -- Armenia and Azerbaijan -- are, essentially, engaged in hostilities, if not actually a state of war, the CSCE's mechanisms for conflict mediation and resolution can be brought into play: a test both for the republics, and the CSCE, especially in the aftermath of the Yugoslavia crisis. The fact that the delegation's visit took place during the CSCE Follow-up Meeting in Helsinki (March-June 1992) offered an appropriate backdrop to this Commission fact-finding mission. This mission had particular resonance in the Central Asian republics, which have long been neglected in the West. In fact, there had been much debate among CSCE participating States as to whether these republics should be admitted to the Conference on Security and Cooperation in Europe, as they were manifestly not in Europe geographically, or, in many ways, culturally. Nevertheless, the CSCE's Council of Ministers was persuaded by the argument that the best way to bring Western democratic and free market ideas to the region was to include them in the process. The visit to Armenia and Azerbaijan was motivated by obvious considerations: the increasingly bloody and alarming conflict between them over Nagorno-Karabakh. From an ethnic dispute that threatened to complicate Mikhail Gorbachev's reform program, the conflict has ballooned, with the dissolution of the USSR, into a larger regional conflict with international significance that threatens to involve neighboring states, one of which -­ Turkey -- is a NATO member. From the CSCE perspective, this conflict brings to the fore the inherent contradiction between two equally valid principles of the CSCE: the right of peoples to self-determination, on the one hand; and territorial integrity, with only peaceful change of borders, on the other. Yugoslavia in 1991 had already presented the CSCE with the difficult problem of reconciling these principles; Armenia and Azerbaijan are offering the latest challenge. There is reason to believe -- or fear -- that this issue will resurface elsewhere on the territory of the former USSR, and the unhappy experience of these two Transcaucasian countries may prove an object lesson that has applicability to other situations. Reflecting the concern of the CSCE member States about the situation, and in an attempt to resolve the crisis, a decision was taken at the March 1992 opening of the Helsinki Follow-up Meeting to organize a "Conference on Nagorno-Karabakh" which will meet soon in Minsk under CSCE auspices. Ukraine, meanwhile, is embroiled in its own disputes as it develops its institutions as a newly independent country and CSCE state. Unlike its quarrel with Russia over division of the USSR's assets, especially the disposition of the Black Sea fleet, some issues have direct relevance to the CSCE. The Crimea, for example, may hold a referendum on its future status (remaining within Ukraine, autonomy, joining Russia, or opting for independence), which reflects the emphasis placed in the CSCE on democratic expression and fair balloting practices. Another area of critical importance is military security and arms control: the disposition of Ukraine's nuclear arsenal and compliance with the CFE (Conventional Forces in Europe) agreement, when Kiev has not yet reached agreement with Moscow and other capitals of former republics over a unified military that could implement the agreement. Finally, Ukraine's efforts to build a law-based state and overcome the legacy of 70 years of communism must overcome difficulties of personnel, "old thinking" (a term popular among Moscow's elite a few years ago), and bureaucratic resistance to change. The United States recognized all the former Soviet republics as independent countries on December 25, 1991, but established diplomatic relations only with Russia, Ukraine, Belarus, Armenia, Kazakhstan and Kyrgyzstan. Establishment of formal diplomatic relations with the others was put off, pending satisfactory assurances of commitment to human rights, democracy, responsible arms control policies, and a free market economic system. This "two-tiered" approach drew criticism, however, for risking the alienation of the "second-tier" states and the potential loss of American influence, I especially with the January 1992 decision by the CSCE to admit the former Soviet republics as full members. In February, the Bush administration signalled its intention to establish diplomatic relations with all the former Soviet republics. The result was the speedy opening of U.S. Embassies in the newly independent countries, which was enthusiastically greeted by the leaderships and opposition forces. Effectively, therefore, the United States is the only Western country with fully-functioning Embassies in all the new countries visited by the Helsinki Commission.

  • 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.

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