Title

Is It Torture Yet?

Monday, December 10, 2007
United States
Official Transcript: 
Members: 
Name: 
Hon. Alcee L. Hastings
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
Witnesses: 
Name: 
Devon Chaffee
Title: 
Associate Attorney
Body: 
Human Rights First
Name: 
Thomas C. Hilde
Title: 
Research Professor
Body: 
School of Public Policy, University of Maryland
Name: 
Dr. Christian Davenport
Title: 
Professor of Political Science
Body: 
University of Maryland
Name: 
Mr. Malcolm Nance
Title: 
Director
Body: 
Special Readiness Services International

Chairman Hastings and Co-Chairman Cardin discussed with others the issues of torture and banned treatment. This hearing examined whether or not the interrogation techniques of suspected terrorists by the U.S. government qualified as torture.  Co-Chairman Cardin argued that while the Helsinki Commission challenges what other countries do, it is also in the Commission’s right to make sure the U.S. is living up to its commitments in the Helsinki Final Act.

Relevant issues: 
Relevant countries: 
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    The hearing reviewed the detainee-related policy issues – particularly for Guantanamo detainees -- that remain in the aftermath of the Supreme Court’s recent decision in Boumediene. Witnesses also had the opportunity to discuss a related question: what does Europe do with its terror suspects, and are there any lessons for the United States from the European experience? The Supreme Court ruled in a 5-4 decision in Boumediene v. Bush that foreign terrorism suspects held at the Guantanamo Bay detention facility have the right under the Constitution to challenge their detention in a U.S. civilian court.

  • Ingushetia: The New Hot Spot in Russia’s North Caucasus

    John Finerty, staff advisor at the Commission, led this briefing on the increased destabilization in the North Caucasus region of Russia, specifically in Ingushetia. After the conclusion of the second Chechen war, the North Caucasus region was once again experiencing an increase in violence.  Although the entire region was fraught with instability, Ingushetia attracted particular attention, having undergone a rise in terrorist and counter-terrorist operations, illegal detentions, kidnappings and extra judicial executions over the past year.  Panelists – Eliza Musaeva, Gregory Shvedov, and Magomed Mutsolgov -described Ingushetia’s history and the arbitrary lack of rule of law that had originated in Chechnya and crept into Ingushetia. They highlighted the prolific kidnappings in the regions that were specifically Chechnya related, which led to Ingushetia being talked about as a republic of its own.  Since then, the Russian government had conducted counterterrorism operations, leading the panelists to speculate about the potential for another war in the North Caucasus. 

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  • Finnish OSCE Chairman-in-Office Outlines Priorities, Challenges for 2008

    By Ronald McNamara, International Policy Director Making an appearance on February 13th before the Helsinki Commission, early in Finland’s 2008 chairmanship of the OSCE, Minister for Foreign Affairs Ilkka Kanerva addressed a wide range of issues facing the Vienna-based organization and its 56 participating States. Kanerva, having served in parliament since 1975, the year in which the Helsinki Final Act was signed in the Finnish capital, stressed the unique contribution of parliamentarians in their role embodying “the aspirations of our peoples and to voice their concerns in all OSCE countries.” Chairman Alcee L. Hastings, President Emeritus of the OSCE Parliamentary Assembly, expressed appreciation for recognition of the parliamentary dimension of the Helsinki Process. Minister Kanerva noted, “The starting point of the Finnish Chairmanship is that the OSCE is a value-based organization that actively promotes our common values of democracy, human rights and the rule of law. We stress the full implementation of the human rights commitments by the participating States.” Chairman Hastings welcomed the emphasis on implementation especially given the mandate of the Helsinki Commission to monitor compliance with the common commitments accepted by all participating States regardless of when they joined the Helsinki Process. “We fully support and welcome Finland’s calls for greater effort by participating States to implement our common political commitments. Implementation is key, as the late President Gerald Ford underscored in his remarks in Finlandia Hall when he signed the Helsinki Accords on behalf of the United States. I am also mindful that all participating States, including this country, are obligated to translate words on paper into action and I welcome the scrutiny of others when our own policies and practices come up short,” said Hastings. Hastings and Kanerva had a lengthy exchange regarding developments in Kosovo and their implications for Balkans as well as the possibility of sustained OSCE engagement in the region. Kanerva, who had just returned from a visit to Belgrade and Priština, observed that the OSCE has played an important role in Kosovo -- in establishing and consolidating local institutions, in promoting democratization, the rule of law, as well as human and minority rights. “Because the OSCE has remained “status-neutral,” it has retained a unique ability to work with all ethnic communities in promoting stability and democratic development. It is my firm belief that the OSCE work in Kosovo is and will be beneficial to all Kosovars,” concluded the Minister. He continued, “The outcome of the status process could have a negative impact on the OSCE's engagement in Kosovo. You are well aware that the OSCE participating States remain deeply divided over the issue. This disagreement could lead to the current Mission’s termination. It would be a grave mistake for the OSCE and the entire international community if we were to leave it at that.” Chairman Hastings, who visited both Priština and the northern area around Mitrovitsa last June, remarked, “My overall concern comes again from personal experience. The OSCE mission in Kosovo complemented by the tremendous activities that the KFOR forces deployed to keep the peace there is one of, in my judgment, the most successful OSCE missions, capable of working with the various factions in that area. I always ask the question: if there was no OSCE mission or had not been there in recent years, what would be the situation on the ground there today? And how much closer would the parties be to arriving at a resolution of what is, by anybody's standards, a substantial conflict? Minister Kanerva stressed, “I am determined to ensure continued OSCE engagement in Kosovo regardless of the status process. I am aware of the fact that any participating State has the possibility to use a veto and to end the mandate of the present mission - the mission which at the moment comprises 800 people and which has an immense effect on the viability of the civil society. Should this happen, I am prepared to immediately start the negotiations on a revised mandate for the OSCE mission. I am convinced that all participating States agree on the need for continued OSCE engagement in Kosovo.” Regarding conflicts elsewhere in the OSCE region, Kanerva remarked, “The Finnish chairmanship has put the so-called frozen or protracted conflicts in Moldova, Georgia, and Nagorno-Karabakh at the top of our agenda. I will personally visit all of these regions. I have already nominated also a special envoy to survey the progress in the process. One of the first things I have already done was to visit Ukraine and Moldova, to examine possibilities to kick start the stalled negotiation on the Transdnistria conflict. The Government of Moldova and the leadership for Transdnistria indicate their willingness to reengage and I have tasked my special envoy to see what can be done to take the process forward. We have knowledge of the difficulties in front of us. But we can't give up.” Minister Kanerva announced his intention to visit the South Caucasus nations of Armenia, Azerbaijan and Georgia. Chairman Hastings asked Kanerva to raise concerns relating to media freedom in Azerbaijan, the subject of a Commission hearing late last year, and provided a list of specific cases. Numerous other human rights concerns were also discussed from combating anti-Semitism and trafficking in humans as well as promoting democracy. In prepared remarks, Co-Chairman Benjamin L. Cardin stressed the importance of sustained OSCE engagement in efforts to fight anti-Semitism. “In recent weeks we have convened a series of hearings to assess the ongoing work of the OSCE in this regard and have heard from experts. These sessions have confirmed the importance of maintaining a distinct focus on anti-Semitism, and resisting attempts by some to reduce the attention under some kinds of generic tolerance rubric. It has also become clear that the personal representatives need some form of meaningful support mechanism. Perhaps some arrangement could be put in place by the troika of past, present, and future OSCE chairs, to ensure continuity,” remarked Cardin. Similar concerns were echoed in a statement by Ranking Minority Member Christopher H. Smith, “I appeal to you, in your term as Chairman-in-Office, not to allow the OSCE to give in to this fatigue and indifference! Anti-Semitism remains what it has always been, a unique evil, a distinct form of intolerance, the oldest form of religious bigotry, and a malignant disease of the heart that has often led to murder. It continues to threaten our Jewish brothers and sisters, and so the OSCE must redouble its efforts in the fight against the scourge of anti-Semitism. Smith, the OSCE Parliamentary Assembly President’s Special Representative on Human Trafficking welcomed the commitment of the Finnish chairmanship to give priority attention to OSCE efforts to prevent human trafficking, with particular attention to child victims. Russia’s troubling attempts to restrict the scope and size of OSCE election observations missions was also raised. Minister Kanerva expressed disappointment that, despite a concerted effort by OSCE, an acceptable solution could not be worked out to enable the deployment of an observation mission to Russia for the March 2nd presidential elections. He outlined his views regarding observation of the entire election process. “It means candidate and voter registration, electoral campaign, media coverage, complaints and appeals. The ODIHR must continue to be in a position to determine the length and size of observation missions on professional grounds in order to produce meaningful assessments and recommendations benefiting the observed country.” Having headed monitoring missions to Azerbaijan, Belarus, Ukraine, and most recently Georgia, Chairman Hastings called for a timely invitation for OSCE to observe the upcoming November U.S. elections. Kanerva thanked Hastings for his leadership of the mission to Georgia in early January and underscored the importance of close cooperation between ODIHR and the OSCE PA. Turning to Afghanistan, an OSCE Partner for Cooperation country, the Chairman welcomed the role played by Finnish forces in the northern part of that country. Minister Kanerva reported that active discussions were underway among OSCE countries regarding the kinds of initiatives that might be undertaken to assist Afghanistan pursuant to a general decision agreed to by the Madrid OSCE Ministerial Council last November. Priority attention is being given to strengthening border security and management, including along the 750 mile border between Afghanistan and Tajikistan. “At the same time we are discussing whether the OSCE might eventually become active on Afghan territory,” said Kanerva. Before concluding the hearing, the Chairman-in-Office and Chairman Hastings touched on ways to enhance cooperation among the OSCE participating States and strengthen the organization. Hastings acknowledged the complex task of managing the OSCE given the diversity of countries and diverging views among some on fundamental aspects of the organization and its mission. The two agreed on the importance of engagement with Russia. One possibility raised by Chairman Hastings was the assembling of a “Council of Elder Statesmen” along the lines proposed by the Hamburg-based Centre for OSCE Research in its working paper, “Identifying the Cutting Edge: The Future Impact of the OSCE.” In an innovative move, the Finnish chairmanship has expanded the Troika – past, present, and future chairs – to include others slated to assume leadership of OSCE in future years. At the Madrid OSCE Ministerial Council agreement was reached on chairmanships for Greece in 2009, Kazakhstan in 2010 and Lithuania in 2011. “I have invited my colleagues from the future chairmanships of Kazakhstan and Lithuania,” Kanerva reported, “to meet with the current Troika countries Spain, Finland and Greece to develop ideas for longer-term priorities. I am convinced there are many issues where the "Quintet" can add value and lead to more coherent OSCE action in the next few years.” Minister Kanerva concluded, “The Helsinki Commission embodies the longstanding engagement of the United States with the OSCE and the values that underpin it. The OSCE can only work with the full engagement of its participating States. The United States has always played a key role, and must continue to do so, if we are to achieve the ambitious goals we have set for our Organization.”

  • Remarks by Co-Chairman Cardin at the OSCE Parliamentary Assembly Meeting

    I’d like to start by welcoming my good friend, Senator Anne-Marie Lizin, who testified before the Helsinki Commission in Washington in June, along with the United States Legal Advisor, John Bellinger, and representatives of leading human rights groups. I thank her for presenting in Washington her report on Guantanamo, prepared for the OSCE Parliamentary Assembly. Two weeks ago, officials of the United States, in testimony before Congress, admitted to having waterboarded three specific – and now identified – individuals who are currently at Guantanamo Bay, Cuba. If I may speak to this issue for a moment, I’d like to make a few brief points. First, no matter what you may have heard or read to the contrary, waterboarding is torture. In December, I chaired a Helsinki Commission hearing on torture and received testimony from Malcolm Nance. Mr. Nance, a 20-year veteran of the military intelligence community, has performed waterboarding on American soldiers as part of their survival and resistance training, and as part of this training process, he has been waterboarded himself. As someone with firsthand experience with this technique, he was very clear: waterboarding is inhuman, it is degrading, and it is torture. Second, waterboarding – torture – violates the principles of the Helsinki Final Act. In the Helsinki process, all of our countries joined together to condemn torture. I want to quote one particular provision of our common commitments, because I believe it speaks with such singular clarity. In 1989, in the Vienna Concluding Document, the United States – along with all the other participating States – agreed to ensure that “all individuals in detention or incarceration will be treated with humanity and with respect for the inherent dignity of the human person.” There are no exceptions or no loopholes, and this is the standard which the United States is obligated to uphold. As the Convention Against Torture states clearly, torture is prohibited at all times in all places, even during states of war or states of emergency. Moreover, waterboarding violates the doctrinal guidance our military personnel have followed for years. I am hopeful for several reasons that the United States is on the verge of changing its policy on the issue of torture. First, the majority of the Members of Congress reject the President’s views on this matter. Last week Congress enacted the Intelligence Authorization bill for 2008, which requires the intelligence agencies to adopt the Army Field Manual’s restrictions on “enhanced” interrogation techniques. The Army Field Manual complies with U.S. law and our obligations under the Geneva Conventions. The Manual prohibits “acts of violence or intimidation, including physical or mental torture, or exposure to inhumane treatment as a means of or aid to interrogation.” This legislation therefore creates one consistent interrogation policy across both the U.S. military and the Intelligence Community. President Bush has threatened to veto this legislation because of this provision, and Congress will attempt to override his veto. Second, as a member of the Senate Judiciary Committee, I can tell you that the issue of torture almost led the Senate to reject the confirmation of President Bush’s latest nomination to be Attorney General of the United States. I voted against the nomination of Michael Mukasey to be the Attorney General. I am disturbed that Judge Mukasey could not bring himself to say that waterboarding is torture. Let us recall that the United States has prosecuted Japanese soldiers for using waterboarding during World War II. During our final panel of witnesses at the confirmation hearing for Michael Mukasey, I asked Admiral John Hutson about this matter. Admiral Hutson is a distinguished and highly decorated military lawyer, and in his capacity as the former Navy Judge Advocate General was the senior uniformed legal advisor to the Secretary of the Navy and the Chief of Naval Operations. Admiral Hutson testified, in sum, that the Attorney General as our chief law enforcement officer has to be absolutely unequivocal as to what is torture and what is not torture. We should not even be close to the line of what is torture. Admiral Hutson testified that waterboarding is one of the most iconic examples of torture, and it was devised during the Spanish Inquisition. Its use has been repudiated for centuries. And that is why I voted against confirming our Attorney General. Third, all three of the leading candidates for the office of President in the United States have categorically denounced torture. One way or another, come November, there will be a change, in policy and in practice. Finally, I am hopeful that the next Administration – in contrast to the current Administration – will work with the international community to heed the recommendation of the 9/11 Commission that “the United States should engage its friends to develop a common coalition approach toward the detention and humane treatment of captured terrorists. New principles might draw upon Article 3 of the Geneva Conventions on the law of armed conflict. That article was specifically designed for those cases in which the usual laws of war did not apply. Its minimum standards are generally accepted throughout the world as customary international law.” The reality is that the fight against global terrorism is a battle we will be waging for a long time – and we have to get it right. We don’t make ourselves safer by torturing people. I know damage has been done to the moral leadership of the United States. I look forward to working with a new administration to undo that damage, and I will do everything I can to ensure that torture is prohibited in law and in practice, in word and in deed.

  • Taking Stock: Combating Anti-Semitism in the OSCE Region (Part I)

    This hearing, over which Commission Co-Chairman Benjamin L. Cardin presided, was the first of a series of Commission hearings that focused on reviewing efforts to monitor and combat anti-Semitic activities throughout the OSCE region. These hearings came out of a successful effort to have a separate conference that dealt with anti-Semitism, which currently exists. The goal of such conferences was education, particularly as it concerned young people, and development of programs to sensitize people to anti-Semitism. The attendees of this hearing reflected on a lot of the progress that had been achieved regarding anti-Semitism, as well as progress that still remained to be achieved. For example, not all OSCE member states had a Holocaust Day of Remembrance.    http://www.csce.gov/video/archive1-29.ram

  • The Madrid Ministerial Council

    By Janice Helwig and Winsome Packer, Staff Advisors The OSCE participating States concluded the year with a meeting of the Ministerial Council on November 29-30, 2007. Under Secretary of State for Political Affairs Nicholas Burns headed the U.S. delegation. Helsinki Commission Chairman Alcee L. Hastings also participated. Overall Dynamics Tensions remained high within the OSCE in the lead up to the Madrid Ministerial, reducing expectations for any ambitious new initiatives which would need to garner the consensus of all 56 participating States. The high-level meeting in the Spanish capital capped off a year punctuated by fundamental disagreements in the security as well as human dimensions. Russia had made a concerted effort to gain control over OSCE election observation activities and reports, introducing a proposal to effectively subordinate every step of the observation process to consensus, including agreement by the country to be observed on the assessment. Along with Belarus and Turkmenistan, they similarly sought to institute burdensome bureaucratic obstacles to curtail NGO participation in OSCE activities. As in the past, the Russians insisted that there was a need for far reaching reform of the OSCE itself. Additionally, the Kremlin had threatened to “suspend” its participation in the Treaty on Conventional Armed Forces in Europe (CFE). Other highly charged issues included Kazakhstan’s longstanding bid to chair the OSCE and the future of Kosovo and the expiring mandate for the OSCE Mission (OMIK) there. Several participating States, including the United States, were reticent about Astana’s leadership aspiration given gaps in its implementation of OSCE commitments, particularly those on democracy and human rights. Meanwhile, Serbia and Russia were threatening to close OMIK if the Kosovars were to unilaterally declare independence. Despite these potentials pitfalls, negotiations at the Ministerial overall proceeded constructively. Although consensus was not reached on some issues, decisions were ultimately taken on several priority issues following protracted debate, including the Kazakhstan chairmanship and an initiative to strengthen OSCE involvement with Afghanistan. As happened at the 2002 Porto Ministerial, the Madrid meeting had to be suspended while negotiations continued on the margins past the scheduled closing. Earlier in the day, Russia had reneged on its agreement to the decision on OSCE engagement with Afghanistan (which was important to the United States), most likely in retaliation to the U.S. blocking a Russian-sponsored draft decision on OSCE election monitoring. Because agreement on several other decisions was tied to the decision on Afghanistan, consensus on other decisions was at risk. In the end, the Afghanistan and the other decisions were agreed to in the late afternoon, almost five hours after the Ministerial had been scheduled to close. At the closing session at which the decisions were adopted, there was a flurry of interpretive statements as a result of the compromises made to reach consensus. Main issues Kazakhstan’s Chairmanship Bid – The decision on upcoming chairmanships of the OSCE was a focus of numerous bilateral meetings and negotiations. Since 2003, Kazakhstan had expressed its desire to lead the Vienna-based OSCE, possibly in 2009. Some – mainly countries belonging to the CIS – insisted that Kazakhstan deserved the leadership position simply based on its membership in the Organization and argued that Western countries were discriminating against a former Soviet State with their opposition. Others had hoped to prompt Kazakhstan to improve its rights record. In the end, an agreement was reached on future chairmanships: Greece in 2009, Kazakhstan in 2010, and Lithuania in 2011. Kazakhstan made it clear in its statement to the Ministerial that it would uphold long-held tenets of the human dimension such as the autonomy of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), as well as participation of NGOs in OSCE meetings. The Treaty on Conventional Armed Forces in Europe – During various CFE side meetings, the U.S. and Russia skirmished over the Russian Federation’s decision to suspend participation in the Treaty on Conventional Forces in Europe on December 12, 2007. U.S. Assistant Secretary of State for European and Eurasian Affairs, Daniel Fried, led negotiations aimed at addressing Russian concerns and convincing Moscow not to suspend its participation in the Treaty, to no avail. In particular, the Russians had called for abolishment of flank restrictions, arguing that these requirements constrain their effectiveness in addressing terrorism within their territory. The lifting of the flank agreement would allow the Russians to increase their military forces in the Caucasus region of Russia without limits. Russia had also pressed for discarding the requirement in the original CFE agreement which set collective ceilings limiting the equipment/personnel each alliance (NATO/Warsaw PACT) could have in the "Atlantic to the Urals" area and in any given signatory country. Ratification of the Adaptation Agreement would do away with the collective ceilings, recognizing that the Warsaw Pact no longer exists, and permitting Russia to move personnel and equipment more freely in Russia. However, Russia wants assurance that the 20,000 tanks ceiling for the NATO in Europe will remain in place as new members join the alliance. Russia also took issue with the linkage of the allies’ ratification of the Adapted CFE to Russia’s fulfillment of the related Istanbul Commitments to withdraw its armed forces from Georgian and Moldovan territories. Russian Federation negotiator, Anatoly Antonov rejected calls to transfer of the Gadauta military base to Georgian control without agreement from Georgian authorities to permit Russia to maintain a “peacekeeping” force there. He also objected to U.S. demands for inspections at Gadauta and called for the Baltic States to ratify the Adapted CFE. Georgia emphatically objected to any consideration to “legitimize” the presence of Russian forces on Georgian territory. It became apparent that the Russians had presumed that their decision to suspend the CFE would gain them more leverage in negotiations with NATO allies. However, the allies remained united in their opposition to reopening the treaty to negotiations. Many present took Russia’s announcement of suspension of the CFE Treaty on the final day of the Ministerial to indicate that Russia had not been serious about trying to reach an agreement in Madrid. The future of Kosovo and the OSCE Mission in Kosovo (OMIK) was another focus, although more in statements by the Ministers than in negotiations. There was an attempt to get a declaration on Kosovo that would have included support for the continuation of OMIK regardless of the outcome of the status of Kosovo, but the proposed text was blocked by Russia and Serbia. Many countries, including the U.S., urged the unconditional continuation of OMIK in their statements to the Ministerial Council. NGOs were able to attend the Ministerial as at similar meetings in the past, although the invitation to do so came at a late date and so reduced the level of participation. Preserving this aspect of the Council meeting was particularly important as Russia, Belarus, and Turkmenistan had been questioning procedures for NGO participation in other OSCE meetings and blocked a draft Ministerial decision on Human Rights Defenders. Nonetheless, some NGOs did face access problems and had trouble getting into the conference center on the first day, although the opening plenary was supposed to be open to them. Helsinki Commission Chairman Congressman Alcee Hastings and Department of State Assistant Secretary for Europe Dan Fried held meetings with some NGOs in order to show their support. Increasing OSCE involvement with partner country Afghanistan was supported by the United States There also was wide support for the decision among countries at the Madrid meeting, though Russia and France were unconvinced that the OSCE should be working outside the territory of participating States. In the end, there was consensus on OSCE activities related to border management, with the caveat that most of the activities would take place in OSCE counties bordering Afghanistan. An effort to adopt a draft convention giving legal personality to the OSCE and providing privileges and immunities for OSCE personnel was, for the moment at least, scuttled by Russia. The idea of providing a legal framework for OSCE activities has kicked around for years, especially after the establishment of OSCE institutions and missions. Over the past year, negotiations had produced an arguably viable draft convention, which a number of participating States hoped would be adopted in Madrid and opened for signature. Although Russia ostensibly supports the draft treaty, it has now conditioned acceptance of the treaty on the simultaneous adoption of an OSCE “charter.” For the United States and some other countries, this linkage was a deal-breaker since drafting a charter opens the door to re-writing the fundamental principles of the OSCE.

  • Freedom of the Media in the OSCE Region Part 2

    Freedom of media is one of the cornerstones of democracy, and recognized as such under international human rights law and in numerous OSCE commitments.  Moreover, a free and independent media is not only an essential tool for holding governments accountable; the media can serve as an agent of change when it shines a light into the darkest crevices of the world (examining environmental degradation, corporate or government corruption, trafficking in children, and healthcare crises in the world's most vulnerable countries, etc.) Freedom of the media is closely connected to the broader right to freedom of speech and expression and other issues including public access to information and the conditions necessary for free and fair elections.  The hearing will attempt to illustrate the degree in which freedom of the media is obstructed in the greater OSCE region.

  • Srebrenica: Twelve Years after the Genocide and the Signing of the Dayton Accords

    By Cliff Bond, Senior Advisor In February of this year, the International Court of Justice issued a decision confirming that an act of genocide had been committed in the UN designated safe haven of Srebrenica in July 1995. The court decision came at a time when political tensions were already high in Bosnia and Herzegovina. A hotly contested election and a failed attempt at constitutional reform a few months earlier had led senior politicians to revert to war-time rhetoric not heard since the signing of the Dayton Peace Accords in late 1995. Many in the international community failed to appreciate how the decision would further sharpen inter-ethnic tensions and unleash a pent-up sense of humiliation and injustice among Bosnian Muslims for the failure to either prevent this atrocity or hold its principle perpetrators, indicted but still at-large Bosnian Serb wartime leaders Radovan Karadzic and Ratko Mladic, accountable. In response to this deteriorating political situation and in view of my experience as a former U.S. Ambassador to Sarajevo, then-High Representative Christian Schwartz-Schilling, the senior international representative responsible for implementing Dayton, asked me in May to serve as his Envoy to Srebrenica. My one year mandate was to address concerns of Srebrenica’s residents and future returnees for justice, security and a better life. The Helsinki Commission kindly made me available to serve on a part-time basis for this purpose. Mid-way through this mandate I am pleased to report progress is being made by local authorities and the international community working constructively together to improve conditions in the Srebrenica region, albeit much more needs to be done. At the beginning of our work in Srebrenica we faced the need to reduce political tensions on the ground. Without calming the situation and creating space for dialogue, progress and cooperation would not have been possible. Many factors contributed to a now-improved environment, but a decision to remove an Orthodox church constructed illegally on privately-owned Bosnian Muslim land in the village of Konjevic Polje, not far from Srebrenica, was certainly important. This had been a long standing dispute and action on it underscored that in every part of Bosnia and Herzegovina the rights of citizens, regardless of ethnicity, must be respected. Unfortunately, the decision is yet to be fully implemented. The sooner it is, the more confidence it will generate and the more trust will be built among the citizens of Srebrenica. But this is a small step when compared with the continued liberty of many of those who planned and carried out the genocide at Srebrenica, which remains a source of frustration for the survivors. The actions of incoming High Representative Miroslav Lajcak in early July to accelerate investigations of the suspects of the Srebrenica atrocities was significant, as was the full cooperation in implementing these measures by the authorities of the Republika Srpska – the Bosnian Serb entity, which along with the Muslim-Croat Federation, make up the decentralized state of Bosnia and Herzegovina. A decision to fund a team of international investigators and then to open a branch of the State Prosecutor’s Office in Srebrenica were also meant to reinforce this effort and speed up prosecutions. Taken together, these actions assured the public that the individuals who played a part in the crimes at Srebrenica will eventually be brought to justice. Another significant step had been taken earlier by Lajcak’s predecessor, Christian Schwartz-Schilling. He acted to establish the legal authority for the Srebrenica-Potocari Foundation (a memorial and cemetery for the victims) at the state level and provided for its security through a state-level law enforcement agency. This addressed a fundamental concern of surviving family members for the Foundation’s future once the Office of the High Representative and the exceptional international presence ended in the country. This should be viewed as a human and moral gesture taken out of recognition of the tragedy that occurred, not as a political one, as some have chosen to portray it. The decision deserves the full support of all the citizens of Bosnia and Herzegovina. Although the current situation in terms of public order around the Srebrenica region is good, returnees are understandably sensitive to the issue of security. We are working with entity authorities to establish and maintain more ethnically balanced policing in the municipality. Along with the speedier prosecution of war criminals, nothing would make returnees to the region feel more secure and protected. When I came back to Srebrenica in May this year, I found it little changed since my first visit in 2001. In the past six months the authorities of the Republika Srpska have invested more than $25 million in infrastructure and other public service improvements in the region and deserve credit for the effective way in which this has been carried out. Additional funding will be dedicated for this purpose in the entity’s 2008 budget and municipal authorities will be involved in planning and identifying priorities for this spending. The state-level Council of Ministers has also approved an approximately $7 million spending package for infrastructure development, business promotion and the improvement of public services. This is a good package of measures, and includes physical improvements to the town’s center, but it needs to be implemented as quickly as possible. The Federation has also devoted some $2.5 million to support sustainable returns and directed some of its public enterprises to invest in the region. A Development Conference was organized in Srebrenica by the U.N. Development Program, international donors and the municipality on July 3. Its object was less about raising more money, though it did, and more about better coordination among donors to produce a more visible impact of the considerable assistance already dedicated to the region. Donors need to better align their activities with the municipality’s own priorities and be more transparent and inform the public of their programs and results. Nothing will change economic conditions for the better in Srebrenica more than the generation of new jobs. Small but still important first steps have been taken to expand Bosnian Muslim employment opportunities in public services and enterprises in the area, and this is a positive step. More certainly needs to be done on this score. The real potential for job creation, however, is in the private sector and through attracting new investment to the region. This is why we organized a major investment conference on November 6. The conference demonstrated that investor opportunities and interest exist in Srebrenica, and an American and Slovene firm announced plans to invest in the municipality at the end of the conference. There have been additional expressions of investor interest since, but now local authorities must work, with the support of the international community, to translate this potential into actual investment and more jobs. Despite an agreement signed by the Federation and the Republika Srpska earlier this year on improving access to health services, returnees to Srebrenica complain that they are still unable to get the treatment and benefits to which they are entitled. This is also true of other social services, which like health care are the competency of each entity. The problems arise as refugees return from one entity to another. Entity authorities must cooperate in finding a solution to this as a matter of urgency, not only for Srebrenica, but for other returnee communities throughout the country. Unless you have spent time in Srebrenica, you cannot appreciate how isolated the community is. Currently most villages in the area have no access to radio or television signals, and this only strengthens a sense of isolation and abandonment. Thankfully, the Dutch and U.S. governments are working to establish radio and television coverage throughout the area. A U.S. firm, Cisco Systems, will also soon provide wireless broadband Internet access to the community, allowing Srebrenica’s schools and youth to connect with the outside world. All of these positive initiatives will only succeed if a constructive dialogue is maintained among the members of the Srebrenica community. Dialogue requires courage and confidence and will be essential in the months ahead if we are to reach agreement on such issues as developing Srebrenica’s natural resources, including its mineral springs which were a major pre-war tourist attraction, bringing other business to the region and providing a better ethnic balance to its police and other public services, including in the senior ranks. In my work over the last six months, I have found the people of Srebrenica, after all that they have been through and in the midst of continuing real hardship, are capable of working together to build a better future. In this they can serve as an example to the political leaders of their country who must work together to achieve the constitutional and other reforms that can secure Bosnia and Herzegovina’s integration into the Euro-Atlantic community.

  • Combating Hate Crimes and Discrimination in the OSCE

    Congressman Alcee L. Hastings (D-FL), Chairman of the CSCE, held a briefing on hate crimes and discrimination in the OSCE region.  Joining Chairman Hastings at the dais were Helsinki Commissioners Senator Gordon Smith (R-OR) and Congresswoman Hilda Solis (D-CA).  The briefing focused on intolerance and discrimination within the 56 countries that make up the Organization for Security and Cooperation in Europe (OSCE).  Congressman Hastings emphasized the discrimination against the Roma and other minorities of Turkish, African, and south Asian descent when they attempt to apply for jobs, find housing, and get an education The panel of speakers – Dr. Dou Dou Diene, United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia, and related intolerance; Dr. Tiffany Lightbourn, Department of Homeland Security, Science & Technology Directorate; and Mr. Micah H. Naftalin and Mr. Nickolai Butkevich, UCSJ: Union of Councils for Soviet Jews – spoke of the rising popularity of right-wing extremist party, who espouse vicious anti-Semitic slogans and appeal to a 19th century form of European ethnic identity.  In addition, Urs Ziswiler, the Ambassador of Switzerland, attended the briefing and commented on the rise in xenophobic views in Switzerland.  

  • Authorizing Interrogation Techniques

    Mr. CARDIN. Mr. President, I rise today to express my concern regarding the most recent revelations of administration memos effectively authorizing the use of interrogation techniques that most certainly rise to the level of cruel, inhuman, or degrading treatment or punishment, if not to the level of torture.  In 2002, senior administration officials prepared a classified memo that sought to provide legal cover for interrogation practices that would clearly violate U.S. and international law. This ``torture memo'' was leaked to the press after the Abu Ghraib scandal broke and, in turn, caused such outrage that it was quickly disavowed by the Justice Department. A new, improved, and sanitized legal memo on interrogation norms was then issued in December 2004.  It now appears, according to a report published by the New York Times on October 4, that the Department of Justice's Office of Legal Counsel subsequently issued two additional legal memos that once again defined torture as ``not torture'' and--in an apparent effort to end run congressional efforts to close loopholes in the existing prohibition against cruel, inhuman, or degrading treatment or punishment--simply declared that no CIA interrogation practices violated that prohibition.  I would also draw my colleagues' attention to a subsequent, highly troubling report published by the New York Times on October 11 stating that the Director of the CIA, Michael Hayden, has ordered an investigation of the inspector general, John L. Helgerson. The CIA inspector general is known to have undertaken critical examinations of CIA interrogation procedures.  With these latest developments in mind, I would like to share three observations.  First, the revelation that--even while the Abu Ghraib scandal was still being investigated--the administration was issuing additional secret memos authorizing abusive interrogation techniques, stands as the latest blow to the credibility of the United States as a global advocate for human rights and democracy. We simply cannot win hearts and minds around the globe if we are perceived to condone a violation of basic human rights, our own laws, and international law. As cochairman of the Helsinki Commission, I am painfully aware of the extent to which these policies have undermined our nation's reputation, and even our ability to build support for counterterrorism operations worldwide.  Second, these revelations once again draw attention to this administration's breathtaking interpretation of the scope of executive power. In fact, the 2002 "torture memo'' actually consisted of two parts. One part effectively sought to define torture as "not torture.'' The second part addressed the authority of the President to authorize torture. In essence, that part of the memo described the Presidency--when the President is acting as Commander in Chief--as virtually unrestrained by the Congress, the Constitution, or the courts. The Justice Department's renunciation of the 2002 torture memo only appeared to renounce the first part of that memo.  Accordingly, during the January 2005 confirmation hearing for Attorney General Gonzalez, he was repeatedly questioned regarding his views on the scope of Presidential authority--and he repeatedly stonewalled. His refusal to answer those questions, coupled with the President's signing statements attached to the 2005 Detainee Treatment Act and the 2006 Military Commissions Act and most recent revelations of additional torture memos, suggest that President Bush does believe himself to be beyond or above the law.  Many retired military leaders have argued that abusive interrogation techniques undermine America's moral authority, fuel jihadist recruitment, and weaken international norms that have protected American service men and women for decades. Moreover, a now declassified report issued by the Government's Intelligence Science Board has concluded there is no scientific evidence that coercive interrogation methods even produces good intelligence. And we now know that the use of these techniques has, in actual cases, produced false or misleading intelligence.  Sadly, one of the greatest tragedies of the President's misguided policies on torture is this: this administration's justification of abusive techniques has not made us any safer.

  • Torture Policies Undercut U.S. Leadership on Human Rights, Democracy, and the Rule of Law

    Mr. Hastings of Florida. Madam Speaker, as Chairman of the Commission on Security and Cooperation in Europe, I would like to draw the attention of my colleagues to two events last week that, taken together, illustrate the damaging effect that this administration's policies have had on America's credibility as a global leader on human rights, democracy and the rule of law.  First of all, on Friday, the 56 OSCE participating States concluded their annual Human Dimension Implementation Meeting in Warsaw, Poland. This meeting is Europe's largest regional human rights forum where governments and nongovernmental organizations gather to take stock of how countries are implementing the commitments they have undertaken in the Helsinki process relating to human rights and democracy. As such, this meeting provides an important opportunity for the United States to raise and express concern about serious instances of noncompliance and negative trends in the expansive OSCE region stretching from Vancouver to Vladivostok.  Separately, on Thursday of last week--just as the Warsaw meeting was drawing to a close--the New York Times ran an article revealing the existence of two classified legal memos authorizing the use of interrogation techniques that, to many reasonable minds, rise to the level of torture, or at least cruel, inhuman, or degrading treatment or punishment--both categories of treatment prohibited under the United Nations Convention Against Torture, to which the United States is a party. These memos have already been dubbed by some as "torture memo 2.0'' and "torture memo 3.0,'' and were reportedly authored by Steven G. Bradbury, who has headed the Department of Justice's Office of Legal Counsel since 2005.  Madam Speaker, 3 years ago the world was shocked--and the United States was shamed--by pictures showing detainees standing on boxes with hoods over their heads and electrical wires attached to their fingers. But perhaps even more shocking and more shameful was the surfacing of the so-called "torture memo,'' adopted by the Department of Justice in 2002 and leaked to the public in 2004. The very existence of such a memo was rightly and widely understood to mean that abuses did not just occur by rogue elements or as an aberration, but stemmed from a government policy to effectively authorize the use of torture and cruel, inhuman or degrading treatment or punishment. The 2002 memo was so scandalous that shortly after it was leaked, it was disavowed by the Department of Justice itself.  For many people, the existence of "torture memo 2.0'' and "torture memo 3.0'' will not come as a surprise but rather as a confirmation of what they suspected to be the case. Certainly, when one looks at the statements issued by the President when he signed into law the 2005 Detainee Treatment Act and the 2006 Military Commissions Act, there was every indication that he considered himself in no way bound by those laws as passed by Congress.  There are, of course, enormous implications for the United States when the President considers himself beyond the reach of the Congress and outside the scope of the Constitution. The President's policies on torture have seriously undercut American credibility on the very issues this administration purports to hold dear--human rights and democracy promotion.  Can you imagine being at a meeting--like the one that has just concluded in Warsaw--where the United States is supposed to express its concern about a whole range of human rights issues, including the issue of protecting human rights while combating terrorism, when this latest revelation about this administration's torture policies hits the front pages?  Regrettably, American credibility as an advocate for human rights and democracy has continued in free fall in the face of this latest revelation and attendant implausible denials. Beyond the victims of abuse themselves, U.S. interests are being seriously undermined, including the campaign to win hearts and minds around the globe. Not surprisingly, the administration's dissembling denials cannot repair the damage that has been done. It will take considerable time to restore the good name of our country--time, and concrete action by this body, In such circumstances, actions speak louder than words, and two steps must be taken to help restore America's tarnished reputation, help clear out the thicket of legal cases created by the President's disastrous policies, and position the United States to build more effective alliances in our counterterrorism operations. First, I urge my colleagues to restore habeas corpus--and the sooner, the better. The Military Commissions Act of 2006 was a travesty of justice, but perhaps no part of that legislation departed so sharply from our legal heritage as the decision to deny individuals the most basic right recognized since the Magna Carta: the right to challenge their detention. If we are to convince the world that we do not routinely torture terrorism suspects, providing these detainees one of the most basic legal safeguards is a good place to start.  Second, we must close the detention facility at Guantanamo Bay--a measure I called for at a hearing on Guantanamo I chaired in June. To this end, the United States should release or transfer detainees elsewhere and, for those whom we believe we must hold and try, detainees should be transferred to the United States. Terror suspects can be tried by our Federal courts; they might be tried by military commissions under the Uniform Code of Military Justice; I'd even consider the establishment of special domestic terror courts, as in Spain. But it is time for the President to listen to his own senior officials, including Secretaries Gates and Rice, and close the GTMO camp. Madam Speaker, while these two steps are not the only ones necessary to fully restore America's credibility and respect for the values we proclaim abroad, they would represent an important start. It is time for this great country to resume its rightful leadership role on human rights, democracy and rule of law, but first, it will need to lead by example.

  • U.S. Delegation Initiatives Win Wide Approval at OSCE Parliamentary Assembly Meetings in Kyiv

    By Robert Hand, Staff Advisor More than 200 parliamentarians from throughout the OSCE region, including 13 members of the U.S. Congress, assembled in Kyiv, Ukraine from July 5 to 9, 2007 for the convening of the Sixteenth Annual Session of the OSCE Parliamentary Assembly (OSCE PA). Also in attendance were representatives from several Mediterranean Partners for Cooperation countries, and delegates representing Afghanistan, the newest country designated by OSCE as a Partner for Cooperation. The U.S. Delegation was led by the Chairman of the (Helsinki) Commission on Security and Cooperation in Europe, Representative Alcee L. Hastings (D-FL), a past president of the OSCE PA serving as President Emeritus. Commission Co-Chairman, Senator Benjamin L. Cardin (D-MD) co-chaired the delegation. House Majority Leader Steny H. Hoyer (D-MD), a past Commission chairman and the highest ranking Member of Congress ever to attend an annual session, also participated, joined by the Commission’s Ranking Republican Member, Rep. Christopher H. Smith (R-NJ) and Reps. Louise McIntosh Slaughter (D-NY), Robert B. Aderholt (R-AL), Mike McIntyre (D-NC), Hilda L. Solis (D-CA), G.K. Butterfield (D-NC), Marcy Kaptur (D-OH), Michael R. McNulty (D-NY), Doris Matsui (D-CA), and Gwen S. Moore (D-WI). The designated theme for this year’s Annual Session was “Implementation of OSCE Commitments.” Assembly President Göran Lennmarker (Sweden) opened the Inaugural Plenary Session which included an address by Ukrainian President Viktor Yushchenko, who stressed Ukraine’s commitment to democratic development. The OSCE Chairman-in-Office, Spanish Foreign Minister Miguel Angel Moratinos, also addressed the plenary and responded to questions from the parliamentarians. Starting Off at the Standing Committee At the start of the Annual Session, Chairman Hastings participated in the meeting of the OSCE PA Standing Committee, the leadership body of the Assembly composed of the Heads of Delegations of the 56 OSCE participating States and the Assembly’s officers. He presented a summary of his activities as Special Representative on Mediterranean Affairs, including his visits in June to Israel and Jordan. During the Kyiv meeting, he also convened a special meeting on the Mediterranean Dimension of the OSCE, attended by approximately 100 parliamentarians from Algeria, Egypt, Israel, Jordan, and the participating States. Ongoing Committee Work Members of the U.S. Delegation were active in the work of the Assembly’s three General Committees: Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. The committees considered their respective resolutions as well as nine “supplementary items,” additional resolutions submitted before the session. Senator Cardin introduced a supplemental item on “Combating Anti-Semitism, Racism, Xenophobia and other forms of Intolerance against Muslims and Roma.” Seven other U.S. delegates introduced and secured passage of a total of 25 U.S. amendments to the various committee resolutions and supplementary items, including Chairman Hastings and Majority Leader Hoyer on OSCE election observation; another Hastings amendment on past use of cluster bombs; Smith and McIntyre amendments regarding trafficking in persons; another McIntyre amendment on Belarus; Solis amendments on migration; Moore amendments on the use of “vulture funds,” and a Butterfield amendment on human rights. The U.S. Delegation was also instrumental in garnering necessary support for supplementary items and amendments proposed by friends and allies among the participating States. The supplementary items considered and debated in Kyiv, other than Senator Cardin’s, included “The Role and the Status of the Parliamentary Assembly within the OSCE”; “The Illicit Air Transport of Small Arms and Light Weapons and their Ammunition”; “Environmental Security Strategy”; “Conflict Settlement in the OSCE area”; “Strengthening OSCE Engagement with Human Rights Defenders and National Human Rights Institutions”; “The Ban on Cluster Bombs”; “Liberalization of Trans-Atlantic Trade”; “Women in Peace and Security”; and “Strengthening of Counteraction of Trafficking Persons in the OSCE Member States.” Guantanamo Bay Raised Following her appearance before the Helsinki Commission in Washington on June 21 during a hearing on “Guantanamo: Implications for U.S. Human Rights Leadership,” Belgian Senate President Anne-Marie Lizin, the OSCE PA Special Representative on Guantanamo, presented her third report on the status of the camp to a general Plenary Session of the Assembly. This report followed her second visit to the detention facility at Guantanamo on June 20, 2007 and provided the Assembly with a balanced presentation of outstanding issues and concerns. Senator Lizin concluded the report with a recommendation that the facility should be closed. Engaging Other Delegates While the delegation’s work focused heavily on OSCE PA matters, the venue presented an opportunity to advance U.S. relations with OSCE states. During the course of the Kyiv meeting, members of the U.S. delegation held a series of formal as well as informal bilateral meetings, including talks with parliamentarians from the Russian Federation, Ukraine, Kazakhstan, parliamentary delegations from the Mediterranean Partners for Cooperation, including Israel, and Afghanistan. The U.S. Delegation hosted a reception for parliamentary delegations from Canada and the United Kingdom. Electing New Officers and Adopting of the Declaration On the final day of the Kyiv meeting, the Assembly reelected Göran Lennmarker (Sweden) as President. Mr. Hans Raidel (Germany) was elected Treasurer. Four Vice Presidents were elected in Kyiv: Anne-Marie Lizin (Belgium), Jerry Grafstein (Canada), Kimo Kiljunen (Finland), and Panos Kammenos (Greece). Rep. Hilda Solis was also elected, becoming the Vice Chair of the General Committee on Democracy, Human Rights and Humanitarian Questions, which is responsible for addressing humanitarian and-related threats to security and serves as a forum for examining the potential for cooperation within these areas. She joins Senator Cardin, whose term as Vice President extends until 2009, and Congressman Hastings as OSCE PA President Emeritus, in ensuring active U.S. engagement in the Assembly’s proceedings for the coming year. The OSCE PA concluded with adoption of the Kyiv Declaration which included a series of concrete recommendations for strengthening action in several fields including migration, energy and environmental security, combating anti-Semitism and other forms of intolerance throughout the OSCE region and promoting democracy in Belarus. The declaration also addresses a number of military security concerns, including an expression of regret at the lack of progress in resolving so-called “frozen conflicts” in the OSCE region based on the principal of territorial integrity, especially those within Moldova and Georgia. For the full text of the Kyiv Declaration, please visit http://www.oscepa.org. The Seventeenth Annual Session of the OSCE Parliamentary Assembly will be held early next July in Astana, Kazakhstan. Other U.S. Delegation Activities While in Kyiv, the U.S. Delegation met with Ukrainian President Yushchenko for lengthy talks on bilateral issues, his country’s aspirations for further Euro-Atlantic integration, energy security, international support for dealing with the after affects of Chornobyl, and challenges to Ukraine’s sovereignty and democratic development. The President discussed the political situation in Ukraine and the development of the May 27 agreement that provides for pre-term parliamentary elections scheduled for September 30, 2007. The Delegation also visited and held wreath-laying ceremonies at two significant sites in the Ukrainian capital: the Babyn Yar Memorial, commemorating the more than 100,000 Ukrainians killed during World War II – including 33,000 Jews from Kyiv that were shot in a two-day period in September 1941; and the Famine Genocide Memorial (1932-33) dedicated to the memory of the millions of Ukrainians starved to death by Stalin’s Soviet regime in the largest man-made famine of the 20th century. Members of the delegation also traveled to the Chornobyl exclusion zone and visited the site where on April 26, 1986, the fourth reactor of the Chornbyl Nuclear Power Plant exploded, resulting in the world’s worst nuclear accident. While in the zone, the delegation visited the abandoned city of Prypiat, the once bustling residence of 50,000 located a short distance from the nuclear plant. Members toured the Chornobyl facilities and discussed ongoing economic and environmental challenges with local experts and international efforts to find a durable solution to the containment of large quantities of radioactive materials still located at the plant. Advancing U.S. Interests Summarizing the activities of the U.S. Delegation, Chairman Hastings commented on the successful advancement of U.S. interests. Specifically, the Chairman noted the delegation “represented the wonderful diversity of the United States population” and “highlighted a diversity of opinion on numerous issues.” Moreover, he concluded it advocated “a common hope to make the world a better place, not just for Americans but for all humanity,” thereby helping “to counter the negative image many have about our country. “In a dangerous world, we should all have an interest in strengthening our country’s friendships and alliances as well as directly raising, through frank conversation, our concerns with those countries where our relations are stained or even adversarial,” Chairman Hastings asserted. In order to put the recommendations of the PA into action, the members of the U.S. delegation wrote a letter to Secretary of State Rice, asking that the State Department press several issues within the OSCE in Vienna in the run-up to the November Ministerial Council meeting. First, the State Department should ensure that the role of the Parliamentary Assembly is increased in the overall activities of the OSCE. Second, the OSCE should increase concrete activities to fight anti-Semitism, racism, and xenophobia, including against Muslims and Roma. Third, The OSCE should strengthen its work on combating trafficking in persons and fighting sexual exploitation of children. Fourth, the OSCE should support and protect the work of human rights defenders and NGOs. Lastly, the OSCE should step up dialogue on energy security issues.

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