Migrant Farmworkers in the United States (Part 1)

This report results from an investigation directed by the Commission on Security and Cooperation in Europe into the attempted defection of Miroslav Medvid and other similar incidents of involuntary repatriation of Soviet and Soviet-bloc nationals, with recommendations for any appropriate changes in US law. This investigation began in July 1986, with research into available public source background material. By September 1986, fieldwork commenced, consisting primarily of witness interviews, records reviews, and search for other evidentiary materials. More than 200 interviews and 100 informal contacts were conducted by CSCE investigators. A few investigative initiatives were hampered by foreign government and Executive Branch decisions to deny access to certain witnesses and records. However, the effect of the omissions was minimized by the preponderance of other available evidence on the issues. This report presents a narrative story of The Medvid Incident, followed by the factual and legal issues raised by the events (Part I). The second section examines other incidents of repatriation cases, including case studies and analyses, and a statistical examination of deserting crewmen and apprehensions.

On November 4, 1986, the 35 signatory nations to the Helsinki  Final  Act convened in Vienna for the third follow-up meeting of the Conference on Security and Cooperation in Europe. During the six weeks that followed the opening of the Conference, there was a thorough exchange of views on the implementation of the provisions of the Helsinki Final Act and the Madrid Concluding Document, along with discussion about the next phases of review of the Helsinki process. The United States delegation to the Vienna Review Meeting made significant contributions in detailing the human rights abuses of the Soviet Union and the Eastern Bloc countries in their many speeches in both the plenary sessions and in various subsidiary working groups.

The Commission developed this report to help in­terested persons and organizations participate in exchange pro­grams with the Soviet Union and the countries of Eastern Europe: Poland, East Germany, Czechoslovakia, Hungary, Romania, and Bulgaria. It lists organizations which conduct exchange programs and other contacts with these countries. The parties to the Final Act of the Conference on Security and Cooperation in Europe declared their intention to expand cooperation in security, economic, humanitarian, information, culture, and education affairs and to respect and put into practice certain basic principles, including those of human rights. The Final Act was signed in Helsinki on August 1, 1975, by 35 heads of state or govern­ment, including the United States, Canada, and every state in Europe except Albania. The Commission on Security and Cooperation in Europe (Helsin­ki Commission) was created as an independent government agency in 1976 to monitor compliance with the Final Act and to encourage U.S. governmental and private programs to expand East-West eco­nomic and cultural cooperation and exchange of people and ideas. In the Final Act, the signatories express the view that cultural exchanges and development of relations in education and science contribute to the strengthening of peace, better mutual under­ standing, and enrichment of the human personality. In the Com­ mission's view, exchange programs with the Soviet bloc countries break down barriers and lessen distrust. They help Americans learn about the views and goals of these societies. Such programs help expose the peoples of these countries to the values and goals of our pluralistic society. Critical to such programs is that Americans are given the opportunity to tell the Soviets and their allies on a personal level about their concern for human rights and fundamental freedoms.

On October 24, 1985, Soviet Seaman Miroslav Medvid jumped from the Marshal Konev (a Soviet grain freighter) while it was docked in New Orleans, LA, and reportedly attempted to request political asylum in the United States. He was interviewed by U.S. Border Patrol agents on that same night and then ordered returned to his ship. U.S. officials from the INS and State Department subsequently boarded the ship, obtained an agreement from Soviet officials that Medvid would be re-interviewed concerning his desire for political asylum, and proceeded to question him over a period of 2 days. Mr. Medvid consistently held that he did not want political asylum during this second interview process, and was finally returned to his ship on October 29, 1985.  The Medvid case has raised many questions concerning the manner in which U.S. Government officials handled the incident and concerning U.S. asylum policy toward Communist-bloc nations in general. The Senate Subcommittee on Immigration and Refugee Policy held a series of hearings and conducted a staff investigation on the matter. This report addresses the facts developed through that hearing and investigation process. This report is divided into 6 sections: (1) a brief summary of the events from the time of Medvid's desertion to his final return to the Soviet ship; (2) a summary of the hearings that the immigration subcommittee held on November 5, 1985, November 7, 1985, February 5, 1986, and March 7, 1986; (3) a review and discussion of the major issues and points of controversy concerning the incident; (4) a description of the roles played by the individuals who had the most contact with Medvid, and their perspectives on the case; (5) a review of the adequacy. of present INS asylum procedures; and (6) conclusions drawn by the subcommittee based on the hearing and investigation process.

Appeal To The Governments and People of The USSR and The USA: The USSR and the USA have the means to kill in such proportions that would end the history of mankind. A balance of terror cannot be a reliable guarantee of safety in the world. Only trust between peoples can create a firm assurance of the future. Today, when elementary trust between the two nations has been completely lost, the problem of trust has ceased to be simply a question of bilateral relations. This is the question: Will mankind be wiped out by its own destructive capabilities or will it survive? This problem demands immediate action today. It is, however, very obvious that political leaders of both sides are incapable of coming to any sort of agreement about significant arms limitations in the near future . ... to say nothing of genuine disarmament. Due to their political interests and circumstances, politicians find it difficult to be objective on disarmament issues  Recognizing this, we do not wish to accuse one side or the other of not wishing to promote the peace process, nor certainly of any aggressive designs for the future. We are convinced of their genuine desire for peace and curtailment of the nuclear threat. However, the search for the path to disarmament has become difficult. We all share an equal responsibility for the future. The active peace movement among citizens of many countries proves that this is understood by millions of people. But our common desire for peace must not be blind It must be perceived and expressed in concrete terms. It must be presented in the context of actual conditions. The world is concerned about its future. Everyone understands that there must be dialogue if the threat is to be removed. The prevailing principles of conducting bilateral dialogue must be changed immediately. We are convinced that the time has come for the public not only to confront decision makers with the issue of disarmament, but to participate in the decision making process with the politicians. We are in favor of quatrapartite dialogue - for dialogue in which average Soviet and American citizens are included on an equal footing with political figures. We favor consistent and, ultimately complete destruction of stockpiles of. nuclear weapons and other forms of mass destruction, and for limitations of conventional weapons. We view the present program for the search for peace as the following: 1. As a first step to abolish the nuclear threat, we appeal to everyone who does not desire the death of his neighbor to submit his own specific proposals on bilateral limitations and cutbacks of weaponry, and, most of all, for the establishment of trust. We call for each such proposal to be forwarded simultaneously to the governments of both countries and to representatives of independent public peace groups. We hope espeially that our call will be heeded by the peoples of the Soviet Union and the United States, whose governments bear the main responsibility for maintaining the safety of the world. 2. We call upon the citizens of both countries to create combined international public groups, based on the principles of independence. Their functions would include: the receipt and analysis of individual proposals on disarmament and promoting trust between nations: the selection of the most interesting and realistic proposals: bringing these proposals to the attention of the respective populations about the possible consequences of the use of nuclear arms, and about all issues concerning disarmament. 3. We appeal to the scientific community, particularly to independent international scientific organizations involved in the campaign for peace, to work on scientific problems directly connected with the preservation of peace. For instance, at the present stage, it is extremely important to develop a unified mathematical method for evaluating the weaponry of the opposing sides. We call upon scientists to create independent research groups to scientifically analyze citizen proposals. 4. We call upon political leaders and the media of both countries to refrain from mutual accustions about intentions to use nuclear weapons for aggressive purposes. We are convinced that such accusations only inflame distrust between the sides and thus make any constructive dialogue impossible. 5. We view as necessary guarantees of the establishment of trust that the USSR and the USA must create conditions for the open exchange of opinions and to inform the publics of both nations on all issues on the process of disarmament. We appeal to the governments of the USSR and the USA to create a special international bulletin (with a governmental guarnatees of distribution in both countries), in which both sides would conduct a dialogue, hold discussions, and would make public reports on the following issues, among others: a. An analysis of disarmament negotiations and the documents of the negotiations b. An exchange of opinions and proposals on possible ways to limit arms, and on disarmament c. An exchange of proposals on the establishment of trust d. An exchange of information on the possible consequences of using nuclear arms. Such a bulletin would provide an opportunity for independent citizens' peace groups to participate in general discussions, publish uncensored materials, especially proposals on disarmament and trust and information on (various) peace movements and the steps they have taken. We appeal to the governments and public opinion of the USSR and the USA since we are convinced that everyone who understands that the future needs to be defended must have a genuine opportunity to defend it! Moscow; June 4, 1982 Batovrin, Sergei Blok, V.R. Fleishgakker, Maria I. Khronopulo, Yu. G. Fleishgakker, V.N. Rozenoer, S.A. Sobkov, I.N. Ostrovskaya, L.A. Krochik, G.M. Kalyuzhny, B.I. (and seventy-four signatures in support) (the appeal is open for signatures.)

This report and its findings and recommendations are drawn from material compiled during the Commission's continuing study of Final Act implementation -- with special emphasis on the period since the last report in August 1977. Directed by law to give "particular regard" to the provisions of the Final Act section (Basket III) on Cooperation in Humanitarian and Other Fields, the Commission is: "Further authorized and directed to monitor and encourage the developoment of programs and activities of the United States government and private organizations with a view toward taking advantage of the provisions of the Final Act to expand East-West economic cooperation and a greater interchange of people and ideas between East and West." Guided by its mandate, the Commission has concentrated its attention in this report primarily on the compliance records of the Soviet Union and its Warsaw Pact allies where, with rare exceptions, the level of implementation in many areas has remained appallingly low and, in some cases, has even regressed. By comparison, Western CSCE states generally have maintained relatively high standards of implementation in all areas of the Final Act and, in particular, in those areas such as human rights where the Eastern record has been most dismal. Therefore, in examining the impact of the Final Act -- actions reflecting compliance with or violations of its articles -- the Commission, in this report, has directed the bulk of its research to those nations whose records under the Helsinki Accords stand the greatest need for improvement. 

The Commission has three main purposes in preparing this report. First, it hopes to demonstrate the good faith of the U.S. in assessing its Helsinki implementation record in light of criticisms from other CSCE countries and domestic critics. Second, the Commission hopes to stimulate honest implementation evaluations by other CSCE states and thus to lay the groundwork for real progress prior to the next review meeting at Madrid in 1980. Finally, the Commission hopes to encourage improved compliance by the United States. Although the Commission agrees with President Carter that the U.S. record is very good, additional discussion and interaction between responsible government agencies and interested private organizations in a necessary prerequisite to greater progress. This report follows the structures of the Final Act by discussing, in order, each major section or "basket" of the Act. Basket I deals with questions relating to security in Europe which includes Human Rights; Basket II, economic and scientific cooperation; Basket III, cooperation in humanitarian and other fields. Click to read Part 2.