Title

Migrant Farmworkers in the United States (Part 3)

Saturday, May 01, 1993
United States

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

Relevant countries: 
  • Related content
  • Related content
Filter Topics Open Close
  • OSCE 101: Briefing for Civil Society

    Please join the U.S. Helsinki Commission for OSCE 101: BRIEFING FOR CIVIL SOCIETY Thursday, September 4, 2008  10:00 a.m. - 12:00 p.m.  Rayburn House Office Building  B318 For those in need of a refresher course and those interested in becoming involved. Learn about the Organization for Security and Cooperation in Europe and the Role of Civil Society For those planning to travel to Warsaw, Poland, remember to register to participate in the OSCE’s Annual Human Rights Meeting: What: Human Dimension Implementation Meeting (HDIM) When: September 29 – October 10, 2008 Where: Warsaw, Poland Why: Annual 2-week human rights conference What is the HDIM? The term "human dimension" describes the set of norms and activities related to human rights, the rule of law, and democracy that are regarded within the OSCE as one of the three pillars of its comprehensive security concept, along with the politico-military and the economic and environmental dimensions. Every year in Warsaw, the OSCE's Office for Democratic Institutions and Human Rights (ODIHR) organizes a two-week conference, the Human Dimension Implementation Meeting (HDIM). The HDIM is a forum where OSCE participating States discuss the implementation of human dimension commitments that were adopted by consensus at prior OSCE Summits or Ministerial Meetings. These commitments are not legally binding norms; instead, they are politically binding - a political promise to comply with the standards elaborated in OSCE documents. Follow-up meetings to review the implementation of the commitments are based on the principle that the commitments undertaken in the field of the human dimension are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the state concerned. A comprehensive, 2-volume compilation of the OSCE human dimension commitments (available in English and in Russian) can be ordered free of charge through the ODIHR website: Volume 1: Thematic Compilation and Volume 2: Chronological Compilation.

  • Briefing on the Medical Evidence of Torture by U.S. Personnel

    Congressman Alcee L. Hastings (D-FL), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), held a briefing with Physicians for Human Rights (PHR), regarding the medical evidence of torture of detainees by U.S. personnel in Iraq, Afghanistan, and Guantanamo Bay.  Representatives of PHR presented their recently released report entitled, “Broken Laws, Broken Lives,” in which they documented individual cases of torture, the impact on detainees and made recommendations based on the findings of their investigation.

  • Guantanamo Detainees after Boumediene: Now What?

    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.

  • Combating Sexual Exploitation of Children: Strengthening International Law Enforcement Cooperation

    The hearing examined current practices for sharing information among law enforcement authorities internationally and what concrete steps can be taken to strengthen that cooperation to more effectively investigate cases of sexual exploitation of children, including child pornography on the Internet. Despite current efforts, sexual exploitation of children is increasing globally. The use of the Internet has made it easier for pedophiles and sexual predators to have access to child pornography and potential victims. In May, the Senate Judiciary Committee passed the Combating Child Exploitation Act of 2008 (S.1738), which will allocate over one billion dollars over the next eight years to provide Federal, state, and local law enforcement with the resources and structure to find, arrest, and prosecute those who prey on our children.

  • The Forgotten: Iraqi Allies Failed by the U.S.

    The briefing focused on the efforts of "The List: Project to Resettle Iraqi Allies," a non-profit organization that helps resettle Iraqis who are at particular risk for having worked for the United States government and American organizations. It also examined the need for the United States to significantly increase its efforts to resettle these vulnerable Iraqi allies. Witnesses testifying at the briefing – including Kirk Johnson, Founder and Executive Director of The List Project; Christopher Nugent, Senior Counsel of Holland & Knight LLP; and Ibrahim, an Iraqi Citizen – provided testimonies of their own experiences with the role of the United States in assisting Iraqi refugees to emphasize the steps that should be taken to improve the efforts being made

  • Hate in the Information Age

    The briefing provided an overview of hate crimes and hate propaganda in the OSCE region, focusing on the new challenges posed by the internet and other technology. Mischa Thompson led the panelists in a discussion of the nature and frequency of hate crimes in the OSCE region, including the role of the internet and other technologies in the training, recruiting, and funding of hate groups. Panelists - Rabbi Abraham Cooper, Mark A. Potok, Christopher Wolf, Tad Stahnke – discussed how best to combat hate crimes and hate propaganda and highlighted internet governance issues in the United States and Europe and how the internet extensively contributes to hate propaganda. Issues such as free speech and content control were at the center of the discussion.

  • Los Angeles: The Regional Impacts and Opportunities of Migration

    Alcee Hastings and Hilda Solis, together with witnesses – Reverend Richard Estrada, Dr. Raúl Hinojosa-Ojeda, Ms. Lucy Ito, Mr. Kerry Doi, Ms. Angelica Salas, and Ms. Eun Sook Lee – discussed the challenges, best practices in existence, and positive aspects of migration. The witnesses, immigrants themselves, shared their personal stories of immigration and what it meant to live as minorities.

  • U.S. - Russian Relations: Looking Ahead to the Medvedev Administration

    This hearing examined the future of U.S-Russia bi-lateral relations with Medvedev’s administration. The hearing focused on the hopes of improved relations between the two countries in respect for the new Russian president’s attention for rule of law and human rights. However, witnesses discussed how President Medvedev may not be able to function independantly, given that the former President, Vladimir Putin, will be the Prime Minister. The witnesses and the Commissioners discussed the political situation in Moscow and how the U.S. should respond within the OSCE framework.

  • Clearing the Air, Feeding the Fuel Tank: Understanding the Link Between Energy and Environmental Security

    Congress has an obligation to work to ensure a healthy and safe environment for the benefit of current and future generations.  To reduce our dependence on fossil fuels and achieve a healthier environment, we need a multi-faceted approach that addresses the tangled web of issues involved.  We need to foster both energy independence and clean energy. Given rising sea levels, the increasing severity of storm surges, and higher temperatures the world over, the impact of global climate change is undeniable.  Unless we act now, we will see greater and greater threats to our way of life on this planet.

  • Crossing Boarders, Keeping Connected: Women, Migration and Development in the OSCE Region

    The hearing will focus on the impact of migration on family and society, the special concerns of migrant women of color, and the economic contributions of women migrants to their home country through remittances. According to the United Nations, women are increasingly migrating on their own as main economic providers and heads of households. While the number of women migrants is on the rise, little is known about the economic and social impact of this migration on their home country.

  • OSCE Partner States and Neighbors Overwhelmed By Iraqi Refugees: Band-Aid Solutions to Implosion in the Middle East?

    This hearing, chaired by Commissioner Alcee L. Hastings, focused on the Iraqi refugee crisis.  Witnesses from the U.S. Department of State, Homeland Security, the United Nations High Commissioner for Refugees testified on the overall situation.  The mayor of Sodertalje, Sweden, which has taken in 5% of all Iraqi refugees, testified about the strain on his town’s resources and the need for action to address the crisis.  A representative of the Arab Community Center for Economic and Social Service testified that many more resources were needed to successfully integrate Iraqi refugees into American communities.

  • 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.

  • Is It Torture Yet?

    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.

  • 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.  

  • Hastings and Cardin Link U.S. Energy Security to Need for Democracy in Oil-Rich Countries

    Today, Congressman Alcee L. Hastings (D-FL), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and Co-Chairman Senator Benjamin L. Cardin (D-MD), made the following statements at a U.S. Helsinki Commission hearing entitled “Energy and Democracy: Oil and Water?” The hearing examined whether the development of democracy is incompatible with the development of a country’s energy resources. The hearing further addressed the issue of how energy kleptocracy impacts U.S. energy security. Six of the top ten oil-exporting countries to the United States are ranked by Transparency International as some of the world’s most corrupt countries. Corruption and kleptocracy often lead to political instability and subsequently higher oil prices, which have the potential to impact the economic and national security interests of the United States. Congressman Alcee L. Hastings Statement: “Today’s hearing is the second of three hearings the Commission is holding on the topic of energy security, an issue that spans the security, economic and environmental, and human dimensions of the Helsinki process. This hearing series is designed to give the Commission a comprehensive picture of this complex issue and highlight areas where the Commission, the U.S. Government and the OSCE can take effective action. “At today’s hearing we are going to hear from our distinguished panelists about the development of democracy and civil society in countries with abundant energy resources—and why that matters to U.S. energy security. I mentioned at the last hearing the remarkable fact that only two of the world’s top 10 oil exporters are established democracies—Norway and Mexico. What is wrong with this picture? Top World Oil Net Exporters 2006 1 Saudi Arabia 2 Russia 3 Norway 4 Iran 5 United Arab Emirates 6 Venezuela 7 Kuwait 8 Nigeria 9 Algeria 10 Mexico Source: EIA: International Energy Annual (2000-2004), International Petroleum Monthly (2005-2006). “When we look at countries that are situated on oil and natural gas reserves, we think these countries have won the global version of the economic lottery. They have a built-in revenue stream that can fuel not only their own economy but also be an export commodity. But what economists have found by studying these resource-rich countries is that they often do worse than their resource-poor neighbors, both economically and politically. This problem is often referred to as the “resource curse.” “Each of the countries we are focusing on today—Russia, Kazakhstan, Turkmenistan, Uzbekistan and Azerbaijan—face some aspect of this resource curse. And while the situation in each country is unique, we can generalize and say that the lack of transparency in politics, and in oil and gas deals, is at the root of the problem. “It’s a well-known, and well-bemoaned, fact that the United States is becoming more and more reliant on imported energy to fuel our economy. We are the world’s largest consumer of oil—we account for an astounding 25 percent of global daily oil demand—despite having less than 3 percent of the world’s proven reserves. And we source that oil from some unstable and unfriendly places in the world such as Nigeria and Venezuela. “In the context of today’s hearing some of you may wonder why the United States should care what is happening in Turkmenistan or Kazakhstan, when we actually don’t rely on these countries for a significant portion of our energy supplies. Russia is only number nine on our list of oil suppliers and Kazakhstan, Turkmenistan, Uzbekistan and Azerbaijan don’t event make it into the top twenty. “The answer is that unlike natural gas, oil is a commodity, so regardless of where we source our oil, what happens in other oil-rich countries impacts the stability of our price and our supply as well. As the National Petroleum Council reported last week, “There can be no U.S. energy security without global energy security.” “Oil is the tie that binds us all and threatens to choke us at the same time. “So take a minute to think about how drastically different our interactions with these countries would be if we did not rely so heavily on these countries’ resources. I think it goes without saying that we would have more leverage to promote democracy and civil society. Clearly oil constrains, if not drives, our foreign policy. “So while it is imperative that we work to limit our dependence on foreign oil and change the dynamic of supply and demand, it is just as important to create more stable and reliable sources of energy. One of the key ways the international community has sought to counteract the political and economic instability inherent in the resource curse is through programs that seek to instill transparency and accountability into the resource payment system,” said Hastings. Senator Benjamin L. Cardin’s Statement: “I am pleased that the Commission is now turning its focus to the nexus of energy and democracy. As the States of the Organization for Security and Cooperation in Europe (OSCE) pursue energy security, we must address why it is that so many of the resource-rich countries in the world are not democratic and whether development of both democracy and energy resources is an incompatible goal. “In the search for energy security in the OSCE region and beyond, democracy is an important contributing factor. Endemic corruption is an impediment to democracy. Last year the OSCE Parliamentary Assembly adopted a resolution I authored on limiting immunity for parliamentarians in order to strengthen good governance, public integrity and the rule of law in the OSCE region. Just recently Chairman Hastings and I met with the President of Ukraine who told us that this was one of the first things he would like to see accomplished once a new parliament is elected this September. This is an important step forward for Ukraine. “Broad immunity for parliamentarians can serve as a cover for corruption. I believe that good governance is the key to a properly functioning democracy. In many of the oil-exporting states, corruption and kleptocracy have become the norm and prevent democratic ideals from flourishing. The United States must consider the impact of its dependence on these types of states for energy security. “Countries that are mired in corruption are not reliable sources of energy. According to Transparency International, six of the top ten oil-exporting countries to the United States are among the most corrupt countries in the world. A lack of transparency within governments and the energy sector poses both a threat to energy exports and the ability of governments to properly manage revenue for their citizens. These governments are not accountable to their citizens and have taken advantage of the resources of the nation in pursuit of the self-interest of a few corrupt leaders. The result has been increasing political instability, and in some cases violent attacks on pipelines and refineries. “Not only does political instability threaten the physical ability to export oil and gas, but it also has created a poor investment climate. If we are to support development of energy resources, U.S. policy should certainly take into account the investment incentives in these countries. Corruption not only weakens those incentives, but also prevents those investments from producing real results in terms of security of supply. There is clearly a positive link between development of democracy and development of energy resources, which can be seen in some of the recent improvements to both in countries such as Azerbaijan. Additional steps are absolutely necessary to increase transparency in oil-exporting governments, but initiatives such as the “Extractive Industries Transparency Initiative,” and “Publish What You Pay,” are moves in the right direction and need U.S. support. “In order to achieve energy security, not only must we work towards our own energy independence, for which I have introduced legislation, but we must also ensure that the countries from which we import oil and gas are reliable sources. Combating corruption and increasing transparency are part of the process of democratic development and must be supported by U.S. policy if we are to attain long term energy security,” said Cardin. The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, is a U.S. Government agency that monitors progress in the implementation of the provisions of the 1975 Helsinki Accords. The Commission consists of nine members from the United States Senate, nine from the House of Representatives, and one member each from the Departments of State, Defense and Commerce.

  • Energy and Democracy: Oil and Water?

    As the States of the Organization for Security and Cooperation in Europe (OSCE) pursue energy security, the Commission will address why it is that so many of the resource-rich countries in the world are not democratic and whether development of both democracy and energy resources is an incompatible goal. Countries that are mired in corruption are not reliable sources of energy. According to Transparency International, six of the top ten oil-exporting countries to the United States are among the most corrupt countries in the world. A lack of transparency within governments and the energy sector poses both a threat to energy exports and the ability of governments to properly manage revenue for their citizens. These governments are not accountable to their citizens and have taken advantage of the resources of the nation in pursuit of the self-interest of a few corrupt leaders. The result has been increasing political instability.

Pages