Property Restitution, Compensation and Preservation: Competing Claims in Post-Communist Europe

This compendium of statements illustrates the U.S. perspective that one of the key and distinguishing features of the OSCE is the interlocking framework of critical, politically binding commitments which provide a common set of principles to which all participating States can aspire. The OSCE draws its real strength and practical flexibility from participating states' commitments to the values of the original Helsinki Act, rather than from a legalized, treaty-based institutional structure. A fundamental strength of the OSCE is the review process, which provides a regular opportunity to assess a participating states' efforts to further the realization of the Helsinki Accords within its own borders, and in its relations with other OSCE states. The OSCE is increasingly a pillar of European security. By facilitating honest implementation review the OSCE can strengthen security links based on common values.

From November 28 to December 1, 1995, the participating States of the Organization for Security and Cooperation in Europe (OSCE) convened a seminar on the rule of law. The meeting was organized by the Warsaw-based OSCE Office for Democratic Institutions and Human Rights (ODIHR). Thirty-eight of the 53 fully participating States attended, along with representatives from two Non-Participating Mediterranean States, six international organizations, and 25 non-governmental organizations. Over the course of two days, a number of emerging democracies described the constitutions and other legislative provisions that had been adopted in their countries to provide for the rule of law, at least on paper. Western participants, for their part, generally spoke of the specific and concrete challenges faced in their countries in actually implementing safeguards for the rule of law. In general, the participation of East-Central European and former Soviet countries—most of which attended this meeting—was more active than at the 1991 Oslo meeting, and Western participants, for their part, avoided the West-West bickering that marred the earlier seminar. At the end of the meeting, the rapporteurs produced summaries of the discussions.

The main purpose of the Commission's visit to Budapest was to participate in the Seminar on Parliamentary Responsibility for Economic Development being co-sponsored by the Helsinki Commission, the Hungarian Parliament, the International Foundation for the Survival and Development of Humanity, and the Library of Congress. Additionally, members of the delegation discussed Hungary's current political and economic situation with members of the Alliance of Young Democrats (FIDESZ), leaders of the Gypsy community, and U.S. business representatives.

After reading through Hungary's complex electoral law this winter, a Hungarian scholar concluded that if he did not yet fully comprehend the mechanics of Hungary's leap to democracy, at least he understood why it had to have been a Hungarian who invented the Rubik's cube. The law was a product of Hungary's first democratic exercise, the roundtable among the ruling Socialist Party, its allied social organizations, and the major opposition parties which together mapped out the transition to a multi-party system. It represented the first of many compromises Hungarian political leaders have made and will continue to make in the transition to democracy. Common wisdom holds that unlike the situation in other countries in the region, Hungary's reform was masterminded by the ruling Socialist Party. Yet the issues at stake in this election underlined the essential role of the opposition in the 1970s and 1980s in setting the agenda for Hungary's journey to democracy. If massive street demonstrations did not force the ruling party to bend, unrelenting discussion of Hungary's future among the Democratic Opposition, and its sustained impact on public opinion, did. During the past two years, reform-oriented Socialist Party leaders have hustled to get to the right side of the issues, and they have consequently found themselves playing the incongruous role of morticians for the ruling party they helped to nurture. One of the most remarkable transformations to be witnessed in Hungary over the past year was the new political engagement of people who had associated politics with dirty business all their lives. Candidates who entered the campaign with some ambivalence about the corrupting power of politics quickly shifted their attitudes. Voters who had been forced to participate in electoral charades in the past, or subjected as one Free Democratic representative put it, "to a life of unrelenting Communist Party campaigning," felt that their vote could make a difference this time. Yet some voters who had been forced to participate in electoral charades in the past, or subjected as one Free Democratic representative put it, "to a life of unrelenting Communist Party campaigning," felt that their vote could make a difference this time. Yet some voters objected bitterly to the divisive nature of the campaign, which they attributed to the "arrogance" of the vying parties. At a time when the country needed to pull together, they felt, the parties were tearing communities apart in the run-up to elections. Yet by the time election day arrived, the parties were pulling together after all. The major parties participated in orchestrating the country's transition with the current government. Rival party representatives staffed local electoral commissions, and worked together elbow-to-elbow to inform voters of procedures and collect and count the votes. The bitterness and personal acrimony between leaders of Hungary's two leading opposition parties, the Hungarian Democratic Forum and Alliance of Free Democrats, melted away -- at least for election day melted away -- at least for election day.