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FIRST PERSON: UKRAINIAN PARLIAMENTARY ELECTIONS
Monday, July 29, 2019

By Alex Tiersky,
Senior Policy Advisor, Global Security and Political-Military Affairs

 

“Why aren’t you doing your job?!”

An unexpectedly tense early morning on July 21, 2019—Election Day in Ukraine: the polling station was more than 30 minutes late in opening. The shouted reprimand came from a voter, an older man who was one of several Kyiv residents who had been present and seeking to vote at this school in the center of the Ukrainian capital since well before 8:00 a.m., when the polls for the national parliamentary elections were supposed to open. His indignation was directed at the beleaguered leadership of the local polling station, who struggled to organize their work and follow the extensive procedures required to meet Ukrainian law and international best practices.

***

As an official election observer representing the OSCE Parliamentary Assembly, I was at the polling station to observe the extent to which those best practices were followed. With my capable interpreter Natalya beside me, and in partnership with my experienced observation team partner Latvian MP Aleksandrs Kiršteins, I had arrived days earlier on the invitation of the Ukrainian government for a series of preparatory briefings. On Election Day, we would follow a prescribed plan of observation as part of a larger team of more than 800 international observers spread across Ukraine (with the exception of illegally occupied Crimea, and the Donbas region under the occupation of Russian-controlled forces, where holding a free and fair election would be impossible).

***

The disorganized polling station was the first stop of the day for our team. While this was my first time serving as an election observer, I didn’t need the extensive and detailed procedural checklist and questionnaire provided by the OSCE to know that something was seriously amiss. My Latvian colleague confirmed, based on his extensive observation experience, that the situation was extremely unusual.

The key problem seemed to be that the leadership of the team responsible for proper running of the polling station (the chair and the secretary, among others), recently had been replaced and the newcomers had little experience with their assigned duties. It was clear that they had done precious little preparation to be able to effectively direct the work of their team on Election Day. We had been warned during the extensive pre-election briefings provided by the OSCE that many local election officials across Ukraine had been replaced. The experts were concerned that this loss of institutional memory had the potential to hamper the operations of local electoral bodies—a warning that, in our case, proved prescient.

At 8:45 a.m., a full 45 minutes after its scheduled opening time and to the relief of several increasingly agitated voters and local observers, the polling station finally began to process votes. Judging that tensions at the school building had de-escalated and the situation had achieved some normalcy, we dutifully finalized our observation—promptly reporting our findings to the OSCE election experts compiling statistics from other teams deployed across the country—and moved on to observe voting procedures at several other polling stations. Before leaving, given the challenges at the polling station, we resolved to return in the evening to observe closing procedures and the counting of the vote.

***

We spent much of the rest of the day visiting several polling stations in the west of Kyiv. Contrary to our first observation, all the other polling stations we visited were extremely well-organized, with experienced and well-functioning teams of officials ensuring an orderly and transparent voting process. The civic pride demonstrated by the election officials and voters in properly exercising their democratic choice was evident in each location we visited. We witnessed voters of all ages casting their ballots in serene conditions, which we learned from other observation teams was largely the norm across Ukraine that day.

***

As the afternoon turned to evening, it was time to return to our initial polling station to assess closing procedures and the start of the counting of ballots. With the station closing as planned at 8 p.m. on the dot, we were quietly hopeful that the morning’s problems had been resolved.

Our optimism quickly proved misguided. The election officials were even more poorly directed by their leadership than they had been in the early hours of the day. After two hours of inconclusive progress toward beginning a count of actual ballots, the procedures ground to a halt in a cloud of remonstrations among several hard-working poll workers and local observers on one hand, and the polling station’s leadership on the other. In what I understood to be an extremely unusual development, the majority of the poll workers essentially sidelined their grievously underperforming leadership on the spot in order to better organize themselves. At this point, we needed to return to our home base to report on our observation, leaving behind several other international and local observers to witness what surely would be a long and challenging night of tabulation of ballots.

***

As we returned to the hotel, I reflected on the day’s remarkable events. It struck me how counterintuitive some might find it that we had been allowed to witness the poor performance by the leadership of this particular polling station. After all, who wants to air their dirty laundry in front of international observers taking careful note of every discrepancy?

It was then, for the first time, that I truly understood the key purpose of our election observation mission. OSCE participating States like Ukraine make the choice to invite international observation missions to their elections precisely because only in providing full transparency can a fair judgment on the electoral process be made.

In other words, our observation and reporting of the procedural imperfections we witnessed only underlined the relatively excellent performance witnessed by observation teams in the vast majority of other polling stations across Ukraine. Only through the full transparency provided by impartial external observers using a standardized methodology can the people of Ukraine be sure that their electoral process, to the maximum extent possible, allows for the full and fair expression of their democratic choice.

I feel honored to have been able to play even a very small part in this extremely consequential democratic process, and to help an OSCE participating State hold itself accountable to its commitment to the rule of law. I am already looking forward to the next opportunity to serve as an election observer.

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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. 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    Chairman of the Commission on Security and Cooperation in Europe, Hon. Alcee L. Hastings, presented an analysis of the parliamentary election in Turkey and what the results would mean for the future of U.S.-Turkey relations. The elections were deemed to be largely successful, and were decreed as free, fair, and transparent with an 80% voter turnout. This briefing also noted the difficulties of finding a balance between the Islamic and secular establishment and the rising tensions between Turkey and the Kurds in Northern Iraq. Witnesses testifying at the briefing – including Soner Cagaptay, Director of the Turkish Research Council, Washington Institute; and Ilan Berman, Vice President for Policy of the American Foreign Policy Council – focused on Turkish domestic politics and Turkish electoral relations after the elections. An optimistic view of government stability in light of the election results was presented. The activities of the PKK inside Turkey was identified as one of the main factors in shaping the U.S.-Turkish relationship.

  • Introduction of Ukraine Elections Resolution

    Madam Speaker, as Chairman of the Helsinki Commission I rise to introduce a concurrent resolution which addresses the current political uncertainty in Ukraine, a country of strategic importance to the United States. My resolution urges all sides to abide by the agreement signed by Ukraine's leadership on May 27th, providing for a new round of parliamentary elections to be held on September 30th, and encouraging the holding of these elections in a free, fair and transparent manner in keeping with Ukraine's commitments as a participating State of the Organization for Security and Cooperation in Europe.  I have just returned from Ukraine which hosted the 16th annual Parliamentary Assembly of the OSCE. While in Kyiv, I met with President Yushchenko and other prominent Ukrainian officials. My colleagues and I received assurances from Kyiv that Ukraine would not backtrack on the path to political reform and good governance.  Ukraine's current political conflict is the result of the ongoing power struggle that President Viktor Yushchenko and Prime Minister Viktor Yanukovich have been engaged in since Yanukovich became Prime Minister last August. Rooted in hastily conceived constitutional reforms, the ongoing power struggle threatens to undermine Ukraine's hard-fought and substantial democratic gains, especially those won since the 2004 Orange Revolution.  On April 2nd, President Yushchenko issued a decree dissolving the Verkhovna Rada, the Ukrainian parliament, asserting that the Prime Minister was attempting to monopolize power by forming a veto-proof parliamentary majority through illegal means, and called for new parliamentary elections. The parliament refused to disband and questioned the legality of the presidential decree. After several weeks of tension and standoff, violence was averted and an agreement was reached: President Yushchenko, Prime Minister Yanukovich and Parliamentary Speaker Moroz came together in support of holding pre- term parliamentary elections at the end of September.  Madam Speaker, it is important to recognize that Ukraine has made genuine democratic gains since the Orange Revolution. The December 2004 presidential vote was hailed as a stirring example of the triumph of peaceful protest and democratic ideals. Just over a year ago, as head of the OSCE-led International Election Observation Mission to Ukraine, I was pleased to declare that country's parliamentary elections were also free and fair. I am pleased that Ukraine has once again invited  the OSCE Parliamentary Assembly to observe the September 30 elections. Moreover, Ukraine for the last two years has been designated by Freedom House as a ``free'' country, in contrast to the ``partly free'' assessment it held during its first 13 years of independence.  Nevertheless, democratic institutions and the rule of law in Ukraine are still emerging and lacking in their ability to safeguard democratic gains. It is this fragility, especially the lack of constitutional  clarity in delineating the separation of powers that made it possible for the power struggle to ripen into a full-blown political crisis in recent months. However, it is heartening to see that more serious  turmoil was averted through careful and constructive dialogue and capped by an agreement involving the country's leading political figures.  First and foremost, my resolution calls for the leadership and political parties of Ukraine to abide by the May 27th agreement and conduct elections as scheduled for September 30th. The dispute between the president and prime minister must be resolved in a manner consistent with Ukraine's democratic values and national interest, and in keeping with its OSCE commitments.  Madam Speaker, prolonged political uncertainties regarding the government's delineation of powers is clearly not in Ukraine's interest, and that nation's political leaders need to stand together in support of free, fair and transparent elections as a way out of the current impasse. While democratic elections will not, in and of themselves, resolve all of the challenges facing Ukraine in strengthening the rule of law and delineating power among the branches of government, they are a critical stepping-stone in Ukraine's democratic consolidation and should serve as a further testament of Ukraine's commitment to a democratic future.  As this resolution underscores, Congress has been a staunch supporter of the development of democracy and respect for human rights and the rule of law in Ukraine since the restoration of that nation's independence in 1991. The consolidation of democracy and the rule of law in Ukraine will further strengthen that country's independence and sovereignty, enhancing Ukraine's aspirations for full integration with the West and serving as a positive model for other former Soviet countries. I urge my colleagues to support this timely resolution as a demonstration of Congress's interest, concern, and support for the Ukrainian people.

  • 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.

  • Hastings and Cardin Wish Turkey Succesful Elections

    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) issued the following statement in the lead up to the Turkish parliamentary elections, which will take place on Sunday, July 22: “Given the myriad of difficult challenges facing Turkey, it is our most sincere hope that Sunday’s elections will be free, fair, and conducted without any intrusion. The world has continued to watch this crisis unfold and it is critical that the issues, which could potentially affect security and stability in the region, are settled. We wish the people of Turkey successful elections and look forward to continuing to strengthen this historic partnership that we have shared over the past fifty years,” Hastings and Cardin said. The U.S. Helsinki Commission will hold a briefing on Thursday, July 26, 2007 at 10:00 a.m. in room 2226 of the Rayburn House Office Building. The briefing entitled, “The 2007 Turkish Elections: Globalization and Ataturk’s Legacy,” will focus on Turkey’s July 22 parliamentary elections and the future of U.S.-Turkish Relations. 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.  

  • Hastings to Hold Briefing on Turkish Elections and the Future of U.S.-Turkish Relations

    Congressman Alcee L. Hastings (D-FL), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) will hold a briefing on Thursday, July 26, 2007 at 10:00 a.m. in room 2226 of the Rayburn House Office Building. The briefing entitled, “The 2007 Turkish Elections: Globalization and Ataturk’s Legacy,” will focus on Turkey’s July 22 parliamentary elections and the future of U.S.-Turkish Relations. Congressman Hastings will also be joined by the House Foreign Affairs Subcommittee on Europe Chairman Congressman Robert Wexler (D-FL). The tensions between Turkey’s moderate Islamist Justice and Development Party (AKP) headed by Prime Minister Recep Tayyip Erdogan and the military have continued to escalate. Public protests broke out in response to the AKP’s nomination of Foreign Minister Abdullah Gul as its presidential candidate, where many in Turkey believe that his nomination is a threat to secularism. The continued deadlock over Foreign Minister Gul’s nomination led to the announcement of early parliamentary elections to be held on July 22. These intensified clashes between secularists and Islamists as well as the Turkish government’s tension with the Kurds in northern Iraq, will have the world watching to see if Turkey can emerge from this crisis. Invited Speakers include: His Excellency Nabi Sensoy, Ambassador of the Republic of Turkey Dr. Soner Cagaptay, Director, Turkish Research Program, The Washington Institute Mr. Ilan Berman, Vice President for Policy, American Foreign Policy Council 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.

  • Pipeline Politics: Achieving Energy Security in the OSCE Region

    This hearing focused on the security of supply and transit of oil and gas and its role in conflict prevention.  Those testifying identified important factors for ensuring the reliable and predictable supply and transit of oil and natural gas. This hearing also discussed the United States’ role in its own energy security, and in Eurasian energy security.

  • Russia: In Transition or Intransigent?

    This hearing, which Commissioner Alcee L. Hastings chaired, focused, on Russia, a country whose role had become larger and larger, with a more assertive take on Georgia, Russia’s neighbor to the south, as well as concurrent positions in the United Nations, the Group of 8, the Council of Europe, and the OSCE. In spite of an initially positive looking trajectory of representative government after the dissolution of the U.S.S.R., since 2001, the Russian government had begun to recentralize power again. This has been perhaps best exemplified by the government’s curtailing of civil liberties. While the Russian Federation has made progress in certain arenas as far as human rights are concerned (i.e. having heat in the winter, getting paid on time, and access to the judicial process), there has been a vocal and growing minority that is deeply concerned about Russia’s trajectory, and the Russian government has met these individuals’ concerns with heavy-handedness and brutality. To address this situation, Commissioner Hastings expressed the need to find new ways to have more frequent interaction and with all governmental branches, as well as a substantial and sustainable bilateral dialogue at the level of civil society.

  • Remarks by the Hon. Alcee L. Hastings at the Conference on 21st Century Threats to Media Freedom

    Ladies and Gentlemen, As Chairman of the Commission on Security and Cooperation in Europe, I appreciate this opportunity to address threats to media freedom in the expansive OSCE region stretching from Vancouver to Vladivostok. While the now 56 signatories to the Helsinki Final Act have accepted a series of specific commitments on media and working conditions for journalists, the difficulty remains translating words on paper into deeds in practice. Before turning to concerns of the 21st century, let me recall Thomas Jefferson’s observation from 1787: “were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter.” In a subsequent elaboration, he explained why: “The only security of all is in a free press. The force of public opinion cannot be resisted when permitted freely to be expressed.” You don’t have to be one of our own Founding Fathers to grasp the idea. Leaders the world over who are determined to remain in office by any means necessary understand perfectly the power of the press. That is precisely why they and their associates strive so vigorously to control the media. In Aleksandr Lukashenka's Belarus, for example, media freedoms are systematically stifled and have deteriorated over the past few years. Investigations of suspicious deaths of two journalists in 2004 and 2005 have gone nowhere. And just a month ago opposition activist Andrei Klimau was arrested under a vague article of the Criminal Code. Meanwhile, the Lukashenka regime maintains a virtual monopoly on television and radio broadcasting. Last November, Lukashenka himself unabashedly admitted to reporters that his government uses “serious pressure” to control the media and that he is in charge of this process. In another context, that acknowledgment might be described as admirable candor – and certainly more than could be had in Russia. I’m sure all of you have read the obituaries for the late Boris Yeltsin. Russia’s first freely elected president made many mistakes. But all commentators have stressed that throughout his two terms, he protected the media. You may recall a TV show in Russia called Kukly which satirized politicians with hand-puppets. The show’s writers savaged their targets, including the head of state, and this in a country where the Tsar or the General Secretary could never be criticized. Yet Boris Yeltsin, who must have been chagrined, did not order Kukly off the air. That was left to his successor, whose minions made sure that Kukly never again darkened the airwaves. In fact, contrast the era of Kukly to the situation in Russia today: According to a Radio Free Europe/Radio Liberty report last year, 79 percent of the population gets its news from the three national TV networks, which are either directly or indirectly controlled by the government. And it shows. You have to look long and hard for criticism of President Putin. You all saw, I suspect, the press report that employees of Russia’s largest independent radio news network have been told that at least 50 percent of the reports about Russia must be “positive,” that opposition political leaders may not be mentioned on the air and that “the United States was to be portrayed as an enemy.” The first impulse is to laugh at this absurdity of such policies. But journalism in Russia is a very serious business. Even before the assassination of prominent investigative journalist Anna Politkovskaya last October and the mysterious death of reporter Ivan Safronov earlier this year, the Committee to Protect Journalists cited Russia as the third-deadliest country in the world for journalists over the past 15 years, with 42 journalists killed since 1992. The vast majority of these crimes remain “unsolved.” Only last week we learned that a former Kremlin reporter has felt it necessary to seek political asylum in the United Kingdom. Russia tends to be a trendsetter for its neighbors. But there are various degrees of media freedom in the former USSR. In Ukraine, since the 2004 Orange Revolution, media freedom has opened up and the egregious government instructions to the media are a thing of the past. Yet even in Ukraine, anonymous threats and attacks against journalists, especially those in the regions who expose corruption, still occur too frequently, and the 2000 murder of prominent journalist Georgiy Gongadze remains “unresolved.” Elsewhere, freedom of the press is only a cherished dream of human rights activists. Soviet-era censorship survives in Uzbekistan and Turkmenistan, which, not coincidentally, ban all political opposition. The death of a Radio Free Europe journalist while in custody in Turkmenistan demonstrates starkly how dangerous the journalist’s profession can be. In Kazakhstan and Tajikistan, electronic media are tightly controlled. Print media enjoy more latitude but their grounds for maneuver are also limited. A reporter in Kazakhstan who wrote articles implicating local officials and businessmen in the recent clashes between Kazakhs and Chechens has been missing for about a month. Kyrgyzstan is more difficult to characterize, because the state has been weaker than elsewhere in Central Asia and less capable of asserting its control of the media. But since the Tulip Revolution, restrictions on the free flow of information have loosened and I would say that free media have developed farther in Kyrgyzstan than anywhere else in Central Asia. Still, it is very disturbing that Kyrgyz authorities raided publishing houses last week, as the confrontation between the government and protesters heated up. In Armenia and Azerbaijan, according to reports by the State Department and OSCE’s Representative on the Media, the government seeks to control free media, especially television. In Armenia, for example, independent TV station A1+ has never been allowed back on the air since it was closed down. As for Azerbaijan, just last week, the State Department criticized Baku for the jailing of a journalist on libel charges and expressed concern about the deteriorating media situation. The use of criminal defamation and insult laws has long been used against those who criticize the government or officials, and I commend the OSCE Representative on Freedom of the Media for his consistent, principled focus on this area of abuse. Georgia is a particularly interesting case. Throughout the 1990s, leaders of most former Soviet states reined in the media that had blossomed under glasnost. A historic turning point came in fall 2003, when the Rose Revolution was gathering force in Georgia. Opposition leaders who refused to accept another rigged election led throngs of protesters against Eduard Shevardnadze’s government. You will recall that at a crucial moment, the Rustavi-2 TV station aligned itself with the opposition Troika and played a critical role in galvanizing the public to reject the official election results. In short order, this resistance movement mushroomed into peaceful regime change that sparked similar events in Ukraine and Kyrgyzstan. The lesson was not lost on leaders of other post-Soviet states. Shevardnadze’s counterparts in other CIS capitals were determined to avoid his fate and they resolved that no analogue to Rustavi-2 would arise on their turf. For the most part, I must say, they have pulled it off: outside Ukraine and to some degree Kyrgyzstan, nothing of the sort is permitted. In Georgia today, opposition figures maintain that Rustavi-2 has become a pro-government station. But other TV stations air broadcasts critical of President Saakashvili. Today, Russian and Uzbek media excoriate the United States for allegedly plotting more “color revolutions.” To stem the tide, a broad panoply of tactics has been deployed. Prominent among them have been the expulsion of democracy-promoting NGOs, including many U.S.-based organizations, and the throttling of media outlets. What lessons should we draw from this state of affairs? The first is that most governments of the post-Soviet states understand Thomas Jefferson quite well. They see freedom of the media as a threat which they are determined to neutralize. Second, they have been rather too successful in this endeavor. Even outside the extreme cases of Turkmenistan and Uzbekistan, certain topics remain taboo in most countries, specifically criticism of the head of state or revelations about high-level corruption. This is particularly true of electronic media, and first and foremost TV. However, there is some reason for hope. I believe that pressure exerted by outside forces, including foreign capitals and international organizations, including the OSCE, can have an impact. For example, last week, Kazakhstan’s Culture and Information Minister announced that in response to OSCE criticism, the government has withdrawn a bill that would have imposed licensing requirements on publishing houses. Proposed legislation to regulate the Internet has been withdrawn and he said the authorities are ready to introduce a moratorium for “distorting the truth,” to free journalists from criminal persecution. At least under certain circumstances, then, and over the longer term, outside pressure and suasion can have a positive impact – even if gradually. But this also strengthens my conviction that now is not the time cut back on U.S. broadcasting to the post-Soviet republics. Freedom of the media is in real danger there, and those seeking alternative sources of information need our help. I am determined to make sure they get it. Let me conclude by quoting a heroic Russian journalist who understood the real meaning of Thomas Jefferson’s words over two centuries ago: Anna Politkovskaya. “My job is simple: to look around and write what I see.” That is how she described her task in accepting the OSCE Parliamentary Assembly 2003 Prize for Journalism and Democracy for her investigative reporting on developments in war-torn Chechnya. Last October, an assassin’s bullet brought her brilliant career and life to a sudden end. Anna knew the risks, given the death threats against her, but this courageous professional would not be deterred. Her murder is a reminder of the tremendous risks journalists take for daring to look and report on events that others prefer remain hidden.

  • Introduction of Resolution on Ukraine Political Crisis

    Mr. HASTINGS of Florida. Madam Speaker, I rise to introduce a concurrent resolution which addresses the current political crisis in Ukraine, a country of strategic importance to the United States. My resolution urges all sides to the ongoing impasse to act responsibly and use dialogue to resolve the crisis and ensure a free and democratic system in Ukraine based on the rule of law. I am pleased that Rep. KAPTUR, a co-chair of the Ukrainian American Caucus, has joined me as original cosponsor. Ukraine's current political conflict is the result of the ongoing power struggle that President Victor Yushchenko and Prime Minister Victor Yanukovich have now been engaged in since Yanukovich became Prime Minister last August. This power struggle, rooted in hastily conceived constitutional reforms, threatens to undermine Ukraine's hard-fought and substantial democratic gains, especially those won since the 2004 Orange Revolution. Exactly 2 weeks ago today, President Yushchenko issued a decree dissolving parliament, asserting that the Prime Minister was attempting to monopolize power, and called for new parliamentary elections for May 27. Parliament has refused to disband and questions the legality of the presidential decree. Ukraine's Constitutional Court is to rule on the legality of the decree and both sides have agreed to abide by the Court's decision. Unfortunately, some of the Court's judges have already complained of threats and pressure, especially from Yanukovich's supporters. Clearly, this is unacceptable and steps have been taken to protect the judges. Madam Speaker, it is important to note that Ukraine has made real democratic gains since the Orange Revolution. A year ago, as President of the OSCE Parliamentary Assembly, I had the privilege of leading the OSCE-Ied International Election Observation Mission to Ukraine's parliamentary elections and the pleasure and profound satisfaction of pronouncing them free and fair. Also, in contrast to the first 13 years of its independence, Ukraine in now designated by Freedom House as a ``free'' country, and not merely ``partly free.'' Nevertheless, despite the progress, there have been missed opportunities and some of the promises of that historic revolution have gone unfulfilled. Democratic institutions and the rule of law in Ukraine are still emerging and fragile and lacking in their ability to safeguard democratic gains, and it is this weakness that has made it possible for this power struggle to ripen into a full-blown political crisis. First and foremost, my resolution calls for the crisis to be resolved in a manner that adheres to the rule of law consistent with Ukraine's democratic values and national security, in keeping with its OSCE commitments. It is also essential that the dispute is resolved in a peaceful manner. I am encouraged that demonstrations in Kyiv have been peaceful and that all sides to the dispute appear to recognize that any kind of violent conflict would have very negative consequences for Ukraine. Madam Speaker, prolonged instability is clearly not in Ukraine's interests and that nation's political leaders need to find a transparent way out of the current impasse that all parties will abide by. I hope that responsible dialogue consistent with the rule of law leads to a positive outcome for the Ukrainian people and the democratic path they have chosen. As this resolution underscores, Congress has been a staunch supporter of the development of democracy and respect for human rights and the rule of law in Ukraine since the restoration of that nation's independence in 1991. The consolidation of democracy and the rule of law in Ukraine will further strengthen that country's independence and sovereignty, enhancing Ukraine's aspirations for full integration with the West. I urge my colleagues to support this timely resolution as a demonstration of Congress' interest, concern, and support for the Ukrainian people. By Mr. HASTINGS of Florida (for himself, Ms. KAPTUR, and Mr. LEVIN):  H. Con. Res. 115. Concurrent resolution urging all sides to the current political crisis in Ukraine to act responsibly and use dialogue to resolve the crisis and ensure a free and transparent democratic system in Ukraine based on the rule of law; to the Committee on Foreign Affairs.

  • OSCE Parliamentary Assembly Convenes Winter Session

    By Robert Hand, Staff Advisor The Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA) met in Vienna, Austria, on February 22 and 23 for its sixth annual winter meeting. The U.S. Delegation to the meeting was led by Helsinki Commission Chairman Alcee L. Hastings (D-FL), who is also serving as President Emeritus of the OSCE PA. The delegation included Representatives Mike McIntyre (D-NC), a Helsinki Commissioner, and Hilda L. Solis (D-CA). Setting an Agenda for Future Activity Created in 1991, the OSCE PA holds an annual session every July as its principal forum to debate issues and adopt a declaration. In 2002, however, the Assembly added a short winter session to prepare for the July session. Rapporteurs from each of the three general committees that parallel the OSCE security, economic and human dimensions discussed their preparations for the annual session to be held from July 5 to 9 in Kyiv, Ukraine, while the standing committee, chaired by Assembly President Goran Lennmarker of Sweden, formally approved Kazakhstan to be the host of the 2008 annual session. The committees heard from a variety of OSCE officials, including the OSCE Secretary General, the Representative on Freedom of the Media, the High Commissioner for National Minorities, the Head of the OSCE Mission in Kosovo and the Director of the Office for Democratic Institutions and Human Rights. In an unprecedented step for an OSCE Chair-in-Office, Spanish Foreign Minister Miguel Angel Moratinos decided not to attend the Winter Meeting, sending his special envoy instead. The first committee focused primarily on implementation of the OSCE PA’s Brussels Declaration adopted in 2006, noting ongoing discussion of OSCE reform issues including the role of the Parliamentary Assembly and support for OSCE field missions. Developments in the Balkans, especially Kosovo, as well as in Moldova and Afghanistan were also discussed. Rep. McIntyre inquired about the ability of the OSCE field mission in Kosovo to adapt to changing circumstances, and expressed hope that OSCE norms, particularly regarding human rights, would be respected there no matter what decisions are made regarding Kosovo’s status. The second committee looked forward to the Kyiv annual session where it intends to focus on immigration and its effect on a country’s development, immigration policy responses and the potential for OSCE activity on immigration issues. The third committee raised a wide range of items to be considered in Kyiv, including gender equality, media freedom, combating organized crime through the rule of law and transparency, poverty, and the political and social rights of immigrants. The U.S. delegation expressed interest in focusing on the rights of immigrants, an issue that is expected to be addressed in both the second and third committees. Additional discussion during the PA meeting focused on OSCE election observation, an area in which the OSCE has traditionally taken a leading role among other international institutions. Recent election observation missions have brought to light institutional friction between the PA and the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). The PA provides parliamentarians to lead short-term observing with their strong political instincts, considerable observation experience and high-profile presence, while ODIHR provides many additional short-term observers to enhance election day coverage as well as technical experts and a long-term observation effort. Both are needed, but differing perspectives and interests are beginning to threaten the success of the entire observation effort. Parliamentarians lamented the degree to which implementation of a 1997 agreement providing the basis for cooperation in the field has deteriorated, and many hoped the Spanish Chair-in Office would help the two OSCE bodies resolve their differences and ensure that future observation missions are conducted in accordance with the agreement. Debating “Energy Security”, a Vital Issue of Today The three committees convened together for a special debate on energy security in the OSCE area. Speaking for the U.S. Delegation, Rep. Solis argued that to truly achieve energy security, there needs to be increased transparency and predictability in energy supply on the one hand, and aggressive action to cut energy use and reduce emissions on the other. Adding that energy security and climate change ultimately must be addressed together, she highlighted initiatives taken in her home state of California as well as recent initiatives in the U.S. Congress. Rep. Solis concluded her remarks by calling for a global approach that “not only promotes energy security, but environmental security as well.” Other delegates similarly focused on the need for increased transparency in the energy sector and expressed concern about use of energy as a political instrument. Addressing Mediterranean Issues Chairman Hastings, in his role as the OSCE PA Special Representative on Mediterranean Affairs, hosted a dinner during the winter session in Vienna to find ways to enhance security in the Mediterranean region through the partnership between countries in the region and the OSCE and its Parliamentary Assembly. Representatives from the parliaments and foreign ministries of Egypt, Israel, Jordan, Morocco, Algeria, and Tunisia joined the U.S. Delegation in discussing how their countries could benefit from OSCE and PA work to promote political dialogue, democracy, rule of law, and economic stability. Secretary General of the OSCE PA Spencer Oliver, PA Treasurer Jerry Grafstein, representatives of the OSCE Spanish Chairmanship, as well as the Finnish Chairmanship of the OSCE Partners Group also participated. Mr. Hastings proposed using the OSCE and the PA as a framework for increased informal dialogue among the countries in the region, and also discussed greater involvement in OSCE work to combat anti-Semitism and discrimination against Muslims.

  • Parliamentary Elections in Serbia Reveal Progress in Democratic Development but also Support for Nationalist Causes

    By Clifford Bond and Robert Hand On January 21, Serbia held elections for the 250-seat parliament, the National Assembly. Monitored by more than 300 international observers under OSCE auspices, including two members of the Helsinki Commission staff, the elections were overwhelmingly viewed as being conducted in a free and fair manner. The outcome and related institutional questions, on the other hand, indicate that Serbia’s political development remains burdened by the legacy of the Milosevic regime that ruled for over a decade before being ousted in 2000, even as the country moves in an increasingly democratic direction. These elections were held in the aftermath of the dissolution of the state-union between Serbia and Montenegro following the latter’s declaration of independence in June 2006. Serbia subsequently adopted a new constitution in October 2006. Looming over these formal developments and new elections, however, is the larger question of Kosovo’s future status. The actual timing of the elections was used as a pretext for delaying a UN recommendation on Kosovo, which is expected shortly. Based on the conduct of previous elections in Serbia, there was little concern that these elections would fall short of international standards. However, some concerns were raised regarding the conduct of the earlier constitutional referendum, which witnessed a strong, last-minute push of voting in some regions with the apparent purpose of ensuring a positive outcome. The constitution itself is controversial, particularly in its numerous references to Kosovo as an integral part of Serbia, which may have led some segments of Serbian society to boycott the referendum. Undoubtedly, more important international concerns include the uncertain direction of Serbia’s political development and a desire to strengthen Serbia’s democratic institutions. OSCE Parliamentary Assembly President Goran Lennmarker, a Swedish parliamentarian, was designated by the OSCE Chair-in-Office to lead the short-term election observation mission as Special Coordinator. The OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) conducted a long-term observation effort headed by retired German Ambassador Geert Ahrens. Perhaps the chief criticism of the election process was the obvious gap between the voter’s choice and the actual selection of the person who ultimately takes a parliamentary seat. The Serbian voter chooses a political party or coalition on the election list, but, once it is determined how many seats a particular party/coalition gets, the party leadership then has ten days in which to select which of the 250 persons on its submitted party list actually take a seat. This method of selecting parliamentarians has been criticized for lacking transparency and effectively concentrating attention not on specific candidates and their views or abilities but on the political party leaders who retain control over their members. This leadership control may be further strengthened by requiring deputies to sign undated letters of resignation which can be used to remove them if they fail to observe party discipline. On the other hand, efforts were undertaken – albeit not without some opposition -- to modify existing law and encourage minority representation, including lowering the number of signatures for parties representing ethnic minorities from the normal 10,000 to only 3,000 and dropping the threshold needed to enter the parliament from 5 percent of the votes case to 0.4 percent (1/250) of those cast. Two Hungarian and two Romani political parties joined a Bosniak coalition from the Sandzak region and an Albanian coalition from southern Serbia on the election ballot. Albanian participation was the first since 1997, although two Albanian-based political parties which originally joined the coalition subsequently withdrew and supported a boycott of the elections. The election campaign was long by Serbian standards and quite intense. In contrast to the constitutional referendum campaign, the issue of Kosovo’s status did not dominate campaign rhetoric. Instead, there was considerable and perhaps refreshing discussion of economic issues, for example, reflecting the fact that despite significant economic growth, unemployment remains high. EU enlargement may also increasingly isolate Serbia and its people within the region. Some parties focused more heavily on corruption, property restitution and other economic issues. The democratic and nationalistic range of the dominant Serbian political parties differed on integration mostly in their degree of enthusiasm and differentiation between support for joining the European Union on the one hand and joining NATO on the other. They likewise differed on Kosovo mostly to the degree to which its loss to Serbia was an acknowledged inevitability. Comments by politicians and diplomats from other countries supporting reformist parties late in the campaign prompted cries of interference from more nationalist parties. Observers monitoring media coverage of the campaign reported a very balanced approach, particularly among the broadcast media, as well as a positive tone indicating almost too much official instruction about how to remain neutral. The print media’s performance was more uneven in its campaign coverage, but low reliance on print media in Serbia made such differentiation of questionable significance. Election day was largely dry and unseasonably mild, and this contributed to high voter turnout of above 60 percent. This reversed trends toward voter apathy in previous elections. Out-of-country voting also took place for Serbian citizens in 34 other countries. Upon visiting their designated polling station, over 8,500 in all, voters typically encountered a polling board enlarged by political party representation to often as many as 20 to 30 or more members. Nevertheless, with few exceptions the polling was conducted in a professional manner that respected the secrecy of the ballot and made election-day manipulation, if any was intended, difficult to accomplish. The ballot presented the same list of 20 political parties or coalitions to voters across the country, albeit in different languages depending on concentrations of ethnic minorities residing in the area. Unlike the referendum in which the constitution would either pass or fail, polling board members represented political parties that had no real expectation of an outright victory and merely hoped to achieve or maybe exceed the high end of predictions based on public opinion polls. This likely reduced tension on election day, including during the critical counting of ballots once polls closed, despite significant political differences within polling boards. The Center for Free Elections and Democracy (CeSID), a civic non-governmental organization, helped reduce tension by peppering Serbia with close to 4,000 domestic observers to discourage irregularities. The day after the election, before final results were announced, the International Election Observation Mission held a press conference to announce its preliminary conclusions. As Special Coordinator, OSCE Parliamentary Assembly President Goran Lennmarker released the joint statement which began with the clear statement that the “parliamentary elections in Serbia were free and fair. They provided a genuine opportunity for the citizens of Serbia to freely choose from a range of political platforms. The 20 lists of political parties and coalitions vigorously competed in an open campaign environment. The election campaign was calm, and checks and balances ensured that the election reflects the will of the people, in line with the OSCE’s Commitments as well as with the Council of Europe standards.” The OSCE’s ODIHR released an additional report of its preliminary findings based on the month-long observation of its 28-member team. Despite the overwhelmingly positive assessment, the Republican Election Commission did cancel results in 14 polling stations due to irregularities. World reaction to the results focused heavily on the continued support among the Serbian electorate for the Serbian Radical Party (SRS) led by indicted war criminal Vojislav Seselj, which garnered 28.7 percent of the vote, up from 27.6 percent in the last elections in 2003. That, of course, rightly leads to concern about Serbia’s inability to reject the extreme nationalism fostered by the Milosevic regime throughout the 1990s. On the other hand, the Democratic Party (DS) of President Boris Tadic came in second with 22.9 percent of the vote, an increase from 12.6 percent in 2003 and an indication that entrenched nationalist sentiments have not negated strong support for democratic development and integration. The coalition led by the Democratic Party of Serbia (DSS) of the current Prime Minister, Vojislav Kostunica, gained only 16.7 percent of the vote, compared to 17.7 percent in 2003. The DSS, which bridges the nationalist/democratic divide in Serbian politics, appears to be replaced by the DS as the leading reform-oriented party in Serbia. G17-Plus, which has focused heavily on economic reform, saw its percentage of support drop but retained enough for parliamentary representation, as did the Socialist Party of Serbia (SPS), once led by Slobodan Milosevic. The Liberal Democratic Party (LDP), a newer party led by Cedomir Jovanovic which more completely than any other rejects the Milosevic legacy, crossed the 5 percent threshold by leading a coalitions of like-minded parties. The Serbian Renewal Movement (SPO) of Vuk Draskovic, which traditionally featured prominently in Serbia’s multi-party political history, did not. One Hungarian and two Romani parties, along with the Bosniak and the Albanian coalition, won one or more seats in the National Assembly. The odds that the SRS will be part of a coalition government appear to be slimmer than one year ago, when that was a major concern. Instead, the hope is for the DS and the DSS to overcome differences to form a new government with the support of other democratic forces, such as the G-17 Plus. Such a coalition could advance Serbia’s integration into the Euro-Atlantic community. Prime Minister Kostunica’s past government relied on SPS support to stay in power, and he has indicated an unwillingness to enter a coalition with the Radicals. Personality conflicts, as well as differences over important issues such as cooperation with the Hague-based International Criminal Tribunal for the Former Yugoslavia (ICTY) and the appropriate response to an expected UN proposal on the status of Kosovo could complicate coalition formation. Most leading Serbian parties have counted on international concern over Serbia’s political direction to delay an expected UN recommendation, but that appears increasingly unlikely. A proposal on a new status for Kosovo will jolt the Serbian political scene. Many in Serbia feel victimized by the Milosevic regime. They fail to fully appreciate, however, the tremendous damage and suffering inflicted on the neighboring peoples of the former Yugoslavia during the Milosevic era through the commission of war crimes, crimes against humanity and genocide, and a deep distrust resulting from Serbia’s inability to acknowledge that reality. Serbia will not fulfill its democratic promise until it fully comes to terms with this recent history. For that reason full cooperation with The Hague Tribunal remains essential. Over the longer term, democratic forces inside the country should prevail and advance Serbia’s reconciliation with its neighbors and its full integration into Europe, but without a mental break with its past this task will take longer and be more difficult to accomplish.

  • Helsinki Commissioners Meet with Vaclav Havel, Commemorate 30th Anniversary of Charter 77 Movement

    On February 27, 2007, Representative Alcee L. Hastings (D-FL) and Senator Benjamin L. Cardin (D-MD), Chairman and Co-Chairman of the Commission on Security and Cooperation in Europe, met with Vaclav Havel, former president of the Czech Republic (1993–2003), world renowned human rights activist, and playwright. “This year marks the 30th anniversary of Charter 77’s founding, a movement that was dedicated to compelling the communist government of Czechoslovakia to abide by the international human rights agreements it had freely adopted, including the Helsinki Final Act,” observed Chairman Hastings. “I was delighted to be able to personally share with President Havel the deep respect I have for him, for the movement he helped to found, and for his continuing leadership on human rights issues around the globe.” Former Commission Chairman Representative Christopher H. Smith (R-NJ) and Czech Ambassador Petr Kolar also participated in the discussions, which touched on issues including Russia, China, Cuba, and developments in the Middle East. Havel was briefly in Washington early this year at the Library of Congress’ John W. Kluge Center. Librarian of Congress Dr. James Billington hosted meetings on Capitol Hill with Havel and Members of Congress. Havel addressed a joint session of Congress in 1990 and was awarded the Presidential Medal of Freedom in 2003. The Charter 77 movement was founded in Czechoslovakia in 1977, originally with the support of approximately 240 signatories, each of whom signed a card stating, “I agree with the Charter 77 declaration of January 1, 1977.” The original cards have since been discovered in the Czechoslovak secret police archives. In January, the National Museum in Prague mounted an exhibit of materials related to the Charter 77 movement. In addition, the Washington-based National Security Archives (affiliated with George Washington University), in conjunction with the Prague-based Czechoslovak Documentation Center, released a compilation of documents about the Charter 77 movement, including now-declassified State Department and CIA reporting. Statements made by current and former leaders of the Helsinki Commission on the occasion of the 30 th anniversary of Charter 77, as published in the Congressional Record, are printed below. STATEMENTS REPRINTED FROM THE CONGRESSIONAL RECORD THE 30TH ANNIVERSARY OF THE ‘‘CHARTER 77 MOVEMENT’’ HON. ALCEE L. HASTINGS OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Thursday, March 1, 2007 Mr. HASTINGS of Florida. Madam Speaker, as Chairman of the Commission on Security and Cooperation in Europe, I am privileged to add my voice today to those honoring Vaclav Havel, Czechoslovakia's first post-communist President, and the Charter 77 movement which, 30 years ago, he helped to found. Three decades ago, the Charter 77 movement was established and its founding manifesto was formally delivered to the Communist regime in Prague. The goals of the Chartists – as signatories came to be known – were fairly straightforward: “Charter 77 [they stated] is a loose, informal and open association of people of various shades of opinion, faiths and professions united by the will to strive individually and collectively for the respect of civic and human rights in our own country and throughout the world – rights accorded to all men by the two mentioned international covenants, by the Final Act of the Helsinki conference and by numerous other international documents opposing war, violence and social or spiritual oppression, and which are comprehensively laid down in the U.N. Universal Charter of Human Rights.” The phrase “people of various shades of opinion” was, in fact, a charming understatement regarding the diversity of the signatories. Founding members of this movement included Vaclav Maly, a Catholic priest banned by the regime; Vacla Benda, a Christian philosopher; former Trotskyite Peter Uhl; former Communists like Zdenek Mlynar and Jiri Hajek, both of whom were ousted from their leadership positions in the wake of the 1968 Soviet attack that crushed the Prague Spring reforms; and, of course, Vaclav Havel, a playwright and dramatist. Notwithstanding the many differences these people surely had, they were united by a common purpose: to compel the Communist regime to respect the international human rights agreements it had freely adopted. Interestingly, the Charter 77 movement was never a mass dissident movement – fewer than two thousand people ever formally signed this document. But, to use a boxing analogy, Charter 77 punched above its weight. Its influence could be felt far beyond the number of those who openly signed on and, ultimately, in the battle of wits and wills with the Communist regime, Charter 77 clearly won And most importantly, Charter 77 – like other human rights groups founded at roughly the same time in Moscow, Vilnius, Warsaw and elsewhere – looked to the Helsinki process as a vehicle for calling their own governments to account. Although it is sometimes said that the Helsinki process helped to bring down communism, it is really these grass roots movements that gave the Helsinki process its real meaning and its true legitimacy. Thirty years ago, a small, courageous band of people came together and said, “We believe that Charter 77 will help to enable all citizens of Czechoslovakia to work and live as free human beings.” Today, we remember their struggle and praise their enduring contributions to democracy and human rights. IN HONOR OF VACLAV HAVEL SENATOR BENJAMIN L. CARDIN OF MARYLAND IN THE SENATE March 13, 2007 Mr. CARDIN. Mr. President, 30 years ago, the Charter 77 movement was established with the simple goal of ensuring that the citizens of Czechoslovakia could ``live and work as free human beings.'' Today, as cochairman of the Commission on Security and Cooperation in Europe, I join with my colleagues in celebrating the founding of Charter 77 and honoring those men and women who, through their personal acts of courage, helped bring freedom to their country. When the Charter 77 manifesto was issued, three men were chosen to be the first spokespersons of this newly formed movement: a renowned European philosopher, Jan Patocka; Jiri Hajek, who had been Czechoslovakia's Foreign Minister during the Prague Spring; and the playwright, Vaclav Havel. They had the authority to speak for the movement and to issue documents on behalf of signatories Tragically, Jan Patocka paid with his life for his act of bravery and courage. After signing the charter and meeting with Dutch Ambassador Max van der Stoel, he was subjected to prolonged interrogation by the secret police. It is widely believed this interrogation triggered a heart attack, resulting in his death on March 13, 1977. In spite of the chilling message from the regime, Jiri Hajek and Vaclav Havel continued to work with other chartists, at tremendous personal cost. Two-hundred and thirty signatories were called in for interrogation; 50 houses were subjected to searches. Many supporters lost their jobs or faced other forms of persecution; many were sent to prison. In fact, the harsh treatment of the Charter 77 signatories led to the creation of another human rights group, the Committee for the Defense of the Unjustly Persecuted, known by its Czech acronym, VONS. In October 1979, six VONS leaders including Vaclav Havel, were tried for subversion and sentenced to prison terms of up to 5 years. Perhaps the regime's harsh tactics reflected its knowledge that, ultimately, it could only retain control through force and coercion. Certainly, there was no perestroika or glasnost in Husak's Czechoslovakia, no goulash communism as in neighboring Hungary. And so, the regime was threatened by groups that might have seemed inconsequential elsewhere: by the psychedelic band, ``Plastic People of the Universe;'' by a musical appreciation group known as the Jazz Section; by environmentalists, historians, philosophers and, of course, playwrights. Mr. President, 1989 was an extraordinary year--a year in which the regime sought to control everything and, in the end, could control nothing. In May, Hungary opened its borders. In June, free elections were held for parliamentary seats in Poland for the first time in decades. By August, 5,000 East Germans were fleeing to Austria through Hungary every single week. Demonstrations in East Germany continued to rise, forcing Eric Honecker to resign in October. On November 9, the Berlin Wall was breached. But while Communist leaders in other countries saw the writing on the wall, authorities in Prague continued to believe they could somehow cling to power. Ironically, the regime's repressive tactics were part of its final undoing. On November 17, 1989, significant student demonstrations were held in Prague. Human rights groups released videotapes of police and militia viciously beating the demonstrators and these tapes were rapidly and widely circulated through the underground. Shortly thereafter, VONS received credible information that a student demonstrator had been beaten to death. The alleged death so outraged Czechoslovak society that it triggered massive demonstrations. Within days, Czechoslovakia's Communist regime collapsed like a house of cards. As it turned out, no one had actually been killed during the November 17 protests; the story of the student death had been concocted by the secret police to discredit VONS but was all too believable. As concisely stated by Mary Battiata, a reporter for the Washington Post, ``..... a half-baked secret police plan to discredit a couple of dissidents apparently boomeranged and turned a sputtering student protest into a national rebellion.'' On December 29, Vaclav Havel--who had been in prison just a few months earlier--was elected President of Czechoslovakia by the Federal Parliament. Jan Patocka once wrote, ``The real test of a man is not how well he plays the role he has invented for himself but how well he plays the role that destiny assigned to him.'' It seems that destiny had a particular role for Vaclav Havel, not one that he invented or envisioned for himself, but one that he has played with courage and grace, with dignity and honor. Today, we honor Vaclav Havel and the Charter 77 movement he helped to found. IN HONOR OF VACLAV HAVEL AND THE 30TH ANNIVERSARY OF CHARTER 77 HON. STENY H. HOYER OF MARYLAND IN THE HOUSE OF REPRESENTATIVES Tuesday, February 27, 2007 Mr. HOYER. Madam Speaker, this year marks the thirtieth anniversary of the Charter 77 movement. Along with other colleagues from the Helsinki Commission, which I had the privilege of Chairing and Co-Chairing from 1985 to 1994, I rise today to commemorate Charter 77's extraordinary accomplishments, and to praise Vaclav Havel, a founding member of the Charter 77 movement and Czechoslovakia's first President after the fall of communism. Twenty years ago this month, I led a Congressional delegation to Czechoslovakia – my first trip to that country. At that time, I was assured by Czechoslovak Government officials that Charter 77 was only a small group, and there was no need to have a dialogue with its members. In an apparent effort to underscore their point, the regime detained several Chartists to keep them from meeting with our delegation: Vaclav Havel, Petr Uhl and Jiri Dienstbier were all arrested in Prague; Miklos Duray was prevented from traveling to Prague from Slovakia; and although Petr Puspoki-Nagy made it to Prague, he was also immediately detained on his arrival. Although I was deprived of the chance to meet these individuals in person, I was already well aware of their work. In fact, the Helsinki Commission's second hearing, held in February 1977, published the full text of the Charter 77 manifesto at the request of one of our witnesses, Mrs. Anna Faltus. We owe a special debt of gratitude to the late Mrs. Faltus, who worked tirelessly for decades as an advocate for a free Czechoslovakia. To this end, she made sure that the documents of Charter 77 and the Committee for the Defense of the Unjustly Persecuted were quickly translated and widely disseminated to policy makers and human rights advocates. Her effort made it possible for the Helsinki Commission to publish (in 1982 and in 1987) selected and representatives texts of the Charter 77 movement. Looking back, the breadth of those documents is truly remarkably, touching on everything from the legacy of World War II to the country's economic situation; from contemporary music to nuclear energy. But the common thread that bound these diverse statements together was a commitment to promote and protect “the right of the individual to know and act upon his rights.” This right was freely adopted by the Czechoslovak Socialist Republic when Gustav Husak fixed his signature to the Helsinki Final Act in 1975. It was, of course, with great interest that I discussed Charter 77 , first with Czechoslovak officials during my February 1987 trip to Prague, then with Czechoslovak parliamentarians visiting Washington in June 1988 (a delegation which included Prague Communist Party boss Miroslav Stepan), and then with the Czechoslovak delegation to the 1989 Paris Meeting of the Conference on the Human Dimension. In these meetings, as well as in correspondence with the Czechoslovak Ambassador to the United, I was told that Charter 77 didn't represent public opinion. I was warned that siding with Charter 77 would not help bilateral relations, and I was assured that democracy was coming soon to Czechoslovakia – “socialist democracy.” Needless to say, I was not convinced by my interlocutors: I was not convinced that Augustin Navratil was actually being treated for a mental health condition, rather than being persecuted for his religious activism. I was frankly disgusted when the Czechoslovak delegation to the Paris meeting baldly lied about Jiri Wolf, telling us he had been released early from his prison sentence as a “humanitarian” gesture, and then shrugging with indifference when they were caught in their lie. Most of all, I did not believe that Vaclav Havel was a criminal and Charter 77 merely an “insignificant” group. In fact, in 1989 Senator Dennis DeConcini and I nominated Vaclav Havel for the Nobel Peace Prize. As Senator DeConcini said, “[i]n spite of relentless harassment by the authorities, including imprisonment, repeated detentions, house searches, and confiscation of property, Havel has remained active in the struggle for human rights. . . Havel is now in prison, but he is not alone in his cause. In a dramatic move. . . over 700 of his colleagues – playwrights, producers, artists, and actors – signed a petition calling for his release and the release of others [similarly imprisoned]. For these people, like many others in his country, Vaclav Havel has become a symbol of an enduring and selfless commitment to human rights.” Madam Speaker, on this 30th anniversary of the founding of the Charter 77 movement, I rise to commend and remember the courageous men and women, signatories and supporters, who paved the way for the peaceful transition from communism in Czechoslovakia and restoration of Europe, whole and free. On this anniversary, I give special tribute to Vaclav Havel, playwright and president, and his singular role in leading his country to freedom. IN HONOR OF VACLAV HAVEL AND THE 30TH ANNIVERSARY OF CHARTER 77 HON. CHRISTOPHER H. SMITH OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Tuesday, February 27, 2007 Mr. SMITH of New Jersey. Madam Speaker, Edmund Burke once said that, “all it takes for evil to triumph is for good men to do nothing.” Thirty years ago, good men and women came together, and together, they ultimately triumphed over evil. In 1987, I traveled to Czechoslovakia with a Helsinki Commission delegation led by my good friend, STENY HOYER, who was then Chairman of the Commission. We traveled there just ten years after the Charter 77 movement had been formed and, amazingly, in spite of persecution and imprisonment, they had managed to publish 350 documents during its first ten years. And it was clear during my visit to Prague that this organization was having an impact, especially when the communist authorities went to the trouble of preventing five independent activists, including Vaclav Havel, from meeting with us. In spite of this, our delegation was able to meet with several other Charter 77 signatories and sympathizers: Libuse Silhanova, Josef Vohryzek, Father Vaclav Maly, Zdenek Urbanek, and Rita Klimova. Libuse Silhanova, then serving as a Charter 77 spokesperson, described her fellow Chartists as ``ordinary people who happen to be part of a movement.'' For a group of ``ordinary people,'' they certainly accomplished extraordinary things. One of the most notable of these “ordinary people” was the playwright Vaclav Havel, who is today the sole surviving member of Charter 77’s first three spokespersons. At a time when most Czechoslovaks preferred to keep their heads low, he held his up. When others dared not speak out, he raised up his voice. While others hid from communism in their apartments and weekend cottages, he faced it down in prison. In 1978, Havel wrote a seminal essay entitled, “The Power of the Powerless.” In it, he proposed a remarkably conspiratorial concept: the idea that those repressed by the Communist Lie actually had the power to “live for truth,” and that by doing so, they could change the world in which they live. One of the people who read this essay was Zbygniew Bujak, who became a leading Solidarity activist in Poland. Bujak described the impact of Havel's message: This essay reached us in the Ursus factory in 1979 at a point when we felt we were at the end of the road. Inspired by KOR [the Polish Workers' Defense Committee, which preceded Solidarity], we had been speaking on the shop floor, talking to people, participating in public meetings, trying to speak the truth about the factory, the country, and politics. There came a moment when people thought we were crazy. Why were we doing this? Why were we taking such risks? Not seeing any immediate and tangible results, we began to doubt the purposefulness of what we were doing. Shouldn't we be coming up with other methods, other ways? Then came the essay by Havel. Reading it gave us the theoretical underpinnings for our activity. It maintained our spirits; we did not give up, and a year later – in August 1980 – it became clear that the party apparatus and the factory management were afraid of us. We mattered. And the rank and file saw us as leaders of the movement. When I look at the victories of Solidarity, and of Charter 77, I see in them an astonishing fulfillment of the prophecies and knowledge contained in Havel’s essay. Vaclav Havel’s essay was not just the product of clever wordsmithing; it was an act of singular heroism. In fact, shortly after writing “The Power of the Powerless,” Vaclav Havel found himself in prison, again. And it should be remembered that others, including philosopher Jan Patocka, Havel's close friend, and Pavel Wonka, paid with their lives for their opposition to the Czechoslovak communist regime. Vaclav Havel is a man who has always been guided by the courage of his convictions. Remarkably, his courage did not fade upon his assumption of the presidency. Indeed, he is all the more heroic for his steadfast commitment to human rights even from the Prague Castle. From the beginning, he was a voice of reason, not revenge, as he addressed his country's communist and totalitarian past. In 1993, he rightly identified the situation of Roma as “a litmus test for civil society.” And not only has he raised human rights issues in his own country but reminds the world of the abuses taking place in Cuba and China. Throughout his presidency, he pardoned those faced with criminal charges under communist-era laws that restrict free speech. In 2001, he spoke out against the parliament's regressive religion law, which turned the clock back on religious freedom. And he has reminded other world leaders of our shared responsibility for the poor and less fortunate the world over. On the occasion of the 30th anniversary of the founding of Charter 77, I want to join my colleagues from the Helsinki Commission in honoring Vaclav Havel and all the men and women who signed the Charter, who supported its goals, and who helped bring democracy to Czechoslovakia. IN HONOR OF VACLAV HAVEL SENATOR SAM BROWNBACK OF KANSAS IN THE SENATE March 07, 2007 Mr. BROWNBACK. Mr. President, today I wish to join my colleagues from the Helsinki Commission in commemorating the founding of the Charter 77 movement 30 years ago, and praising Vaclav Havel, one of Charter 77’s first spokesmen and the first post-Communist President of Czechoslovakia. Many aspects of Vaclav Havel’s biography are well known. His advanced formal education was limited by the Communist regime because of his family's pre-World War II cultural and economic status. By the 1960s, he was working in theater and writing plays. But by 1969, the Communist regime had deemed him “subversive,” and his passport was confiscated. In 1977, he took the daring step of joining two others – Jan Patocka and Jiri Hajek – in becoming the first spokesmen for the newly established “Charter 77” movement. This group sought to compel the Czechoslovak Government to abide by the international human rights commitments it had freely undertaken, including the Helsinki Final Act. In the 1970s and 1980s, Vaclav Havel was repeatedly imprisoned because of his human rights work. His longest period of imprisonment was 4 1/2 years, 1979-1983, for subversion. After this, Havel was given the opportunity to emigrate but, courageously, he chose to stay in Czechoslovakia. By February 1989, Havel had come to symbolize a growing human rights and democratic movement in Czechoslovakia and, that year, the Helsinki Commission nominated him for the Nobel Peace Prize. Remarkably, in November 1989, the repressive machinery of the Communist regime – a regime that for five decades had persecuted and even murdered its own citizens – collapsed in what has come to be known as the “Velvet Revolution.” To understand just how repressive the former regime was – and therefore how stunning its seemingly sudden demise was – it may be instructive to recall the first measures of the post-Communist leadership, introduced in the heady days of late 1989 and early 1990. First and foremost, all known political prisoners were released. Marxism-Leninism was removed as a required course from all school curricula. Borders were opened for thousands of people who had previously been prohibited from traveling freely. Control over the People's Militia was transferred from the party to the Government. The Federal Assembly passed a resolution condemning the 1968 Soviet-led invasion of Czechoslovakia. Approximately 40 Ambassadors representing the Czechoslovak Communist regime were recalled. Newly appointed Foreign Minister Jiri Dienstbier announced that the “temporary” 1968 agreement allowing Soviet troops to remain in Czechoslovakia was invalid because it was agreed to under duress and that Soviet troops would withdraw from the country. The Politburo announced it would end the nomenklatura system of reserving certain jobs for party functionaries. The secret police was abolished. Alexander Dubcek, leader of the 1968 Prague Spring, was elected Chairman of the Federal Assembly on December 28 and, a day later, Vaclav Havel was voted to replace Gustav Husak. In February 1990, Vaclav Havel addressed a joint session of Congress. Charter 77 paved the way for all of these things, and more: for Czechoslovakia's first free and fair elections since 1946, for the normalization of trade relations between our two countries, and for the Czech Republic's accession to NATO. Not surprisingly, the work of Charter 77 continues to inspire, as is evidenced by the adoption of the name “Charter 97” by human rights activists in Belarus, who are still working to bring to their own country a measure of democracy and respect for human rights that Czechs have now enjoyed for some years. I am therefore pleased to recognize the 30th anniversary of the Charter 77 movement and to join others in honoring Vaclav Havel who remains, to this day, the conscience of the global community.

  • Remarks by Ambassador Clifford G. Bond at the International Forum Bosnia

    It is good to be back in Sarajevo again and I feel very much at home in this city and this country. When Dr. Mahmutcehajic invited me to speak at today’s conference on “American Policy in the Western Balkans,” I suggested that it might be best if I provided a perspective on the on-going work of the Helsinki Commission, which is where I am currently serving, and its impact on U.S. policy in the Balkans. The Commission is a unique institution made up of members of the U.S. Congress. It is not an easy task to generalize about the views of Commission members since each representative and senator is independent. Those who serve on the Commission do so because they share a commitment to human rights and democracy, and want to have an impact on U.S. engagement on these issues especially in the OSCE area, but beyond as well. Congress’ role in foreign policy, as in other areas, is to ensure that policy reflects the democratically expressed will of the American people. It balances the expertise of diplomats at the State Department and other Executive Branch agencies with a consideration of what the public will support. This is one reason why U.S. foreign policy has taken a more comprehensive view of security that includes democratic development and human rights, as opposed to a more “realpolik” view of the world. This was evident in the Balkans throughout the 1990s. In response to conflict in Bosnia, for example, many in Congress pressed the Bush and later Clinton Administration for a more activist and a more interventionist response. Members of Congress, including members of the Commission at that time, were among the first in government to advocate not only for efforts to contain the conflict but for decisive action, including the use of force if necessary, to stop it. Whenever I addressed an audience in Bosnia and Herzegovina (BiH) in the past, the question invariably arose of whether the Balkans remained a priority for the U.S. Obviously the region receives much less attention today than it did 10 years ago. But it would be incorrect to say that the Balkans is ignored and developments on the ground are not being followed on Capitol Hill. There remains an understanding within Congress that the work of the international community is incomplete in this region and that the states of the western Balkans deserve to be integrated into Europe and Euro-Atlantic institutions. This has sustained Congressional support for NATO enlargement and the process of EU integration of the western Balkans, a view that runs even deeper among members of the Helsinki Commission. Moreover, at the initiative of representatives of the more than 300,000 members of the Bosnian-American diaspora, a new bipartisan Bosnian Caucus is being set up within Congress to focus on and support issues of importance to Bosnia and Herzegovina and the region. The Helsinki Process and the Commission Now let me say a few words about the work of the Helsinki Commission. As I said, it is an independent agency created by Congress in 1976 to advance human rights and encourage compliance with the principles of the Helsinki Final Act, particularly its human rights commitments. The Commission is composed of members of both houses of the U.S. Congress. Successive agreements within the Vienna-based Organization for Security and Cooperation in Europe (OSCE) have expanded these common Helsinki standards into a whole framework of human and humanitarian rights. These have come to be termed the “human dimension” of the OSCE’s work. These agreements are not treaties, but political commitments which all participating states, including Bosnia and its neighbors, have adopted on the basis of consensus. Significantly, however, these same states have agreed that these are issues of direct and legitimate concern to all participating states of the OSCE and do not belong exclusively to the internal affairs of the state concerned. Democracy and human rights are thus matters of international concern. This has created a Helsinki process of bilateral and multilateral dialogue that includes the active participation of NGOs as well as governments in assessing the level of compliance with these common commitments. One element of that process is an annual review of implementation which takes place in Warsaw. I participated in the 2006 session and can assure you that it provided a forum for frank and open exchange of how our countries are or are not living up to our OSCE commitments. My own government faced serious criticism in terms of some aspects of its conduct of the fight against terrorism. Since 1989, Europe has undergone an historic transformation and the OSCE has played a vital role in this process of transition to democracy, particularly in the post conflict situation in the western Balkans. Much of this work has been driven on the ground by its field missions, such as the one headed here in Sarajevo by Ambassador Davidson. The Commission believes strongly that this work remains critical to the states of the western Balkans in helping them to overcome a legacy of communism and war. A permanent democratic transformation in the western Balkans will require a rethinking of the overall conditions of society with an aim of protecting rights and instituting peaceful change. Public debate needs to be expanded beyond a discussion of group rights to the rights of the individual and improving the overall quality and dignity of life, which is the essence of the OSCE’s human dimension. This process has not advanced nearly as far as it must to build modern societies in the region. Integration through Consolidating Democracy and Rule of Law Let me now review some of the areas of particular interest to the Commission and its members and where it will be pushing to influence U.S. policy in future. These are areas where I think more public debate and more active local NGO engagement with governments in the region will be essential. As I said, the Commission has been a strong advocate for the integration of the region into Euro-Atlantic institutions. This remains the best long term strategy for securing both peace and prosperity. The key to that integration is consolidating democracy, rule of law and good governance. There has been tremendous progress in this regard, but complacency must be avoided. Political leaders in Bosnia have come to realize that reforming their Dayton-era constitution in ways that make the government more functional and compatible with EU requirements is a necessary step. The U.S. Senate adopted a resolution (S. Res 400, 109th Congress) last year voicing support for this constitutional reform process. It did not advocate for specific changes, which must be decided by the people of Bosnia, not the international community. From the perspective of the Helsinki Commission, however, we think it critical that reforms, in addition to changes in the structure of government, guarantee the human and civic rights of all the citizens of BiH. As you know, the current constitutional provisions restrict Serbs living in the Federation, Bosniaks and Croats living in the RS, and non-constituent peoples, no matter in what part of the country they reside, from running for the post of BiH presidency. This is a violation of both the European Convention on Human Rights and the 1990 OSCE Copenhagen Document. This inability of all citizens to fully participate in BiH’s political life should be corrected. If we look at elections as another benchmark of progress in consolidating democracy, we can see that virtually all countries in the western Balkans are approaching the international standards for free and fair elections. Last October’s elections in Bosnia and Herzegovina were judged by the OSCE to be in line with international standards. Similarly the general elections held recently in Serbia were judged by OSCE as being conducted in a free and fair manner. Going beyond the technical conduct of these elections, however, the results and the tenor of the elections in the region are a matter of concern. In Bosnia nationalistic campaign rhetoric approached pre-war levels and polarized the electorate along ethnic lines. In Serbia the strong showing of the Serbian Radical Party and statements by other politicians indicated a lack of willingness among a large part of the population to come to terms with the crimes committed during the Milosevic era. Hopefully, over time, democratic forces in the region will prevail and a true reconciliation can be achieved. Without a meaningful break with the past and a full recognition in Serbia and the Republika Srpska (RS) of the crimes that were committed during the Milosevic era, however, this task will be immensely more difficult to accomplish. The decision of the International Court of Justice on February 26 does not change the need for this recognition or absolve Serbia or the Republika Srpska of responsibility in this regard. The ICJ confirmed an act of genocide was committed and that Serbia was in a unique position to prevent it. By failing to do so, Serbia violated the Genocide Convention and continues to violate it by not bringing the perpetrators of that genocide to justice. The court’s decision also makes clear that the full responsibility for conducting that genocide lies with the leadership and members of the military in the RS at that time. Unfinished Business It was to bring war criminals to justice and to determine the objective truth of what occurred in the Balkans that the Helsinki Commission was an early proponent of the establishment of the International Criminal Tribunal for the former Yugoslavia. It has pressed all countries in the region to fully cooperate with the Tribunal. The Commission has welcomed the establishment of the War Crimes Chamber within the BiH State Court, and the decision to transfer more cases from The Hague to the region for local prosecution. Despite building this indigenous capacity to conduct trials, there is a strongly felt sense within the Commission that the work of the International Tribunal should not be concluded until Ratko Mladic and Radovan Karadzic are brought to justice. The real message that Belgrade should take from the ICJ’s verdict on February 26 and convey to these indicted war criminals is that: “your time is up.” Other consequences of the war are still being dealt with. More than ten years after Dayton, additional mass graves continue to be uncovered. The Helsinki Commission recently organized a briefing on Capitol Hill at which Amor Masovic reported on the work of the State Missing Persons Commission. We believe that international support for determining the identification of these missing persons must continue. The right of refugees and displaced persons from the Balkan conflicts to return home has not been fully guaranteed. The 2005 Sarajevo Declaration on Refugee Return and Integration was a notable achievement in this regard, but implementation of this trilateral arrangement has been too slow. The Commission has urged Bosnia and Croatia and Serbia in particular to intensify efforts to ensure durable solutions for resettlement are found and displaced persons and refugees given access to all rights, including the right to property and citizenship. The legal issues involved are complicated, but with political will these can be managed and refugees re-integrated into society. In the midst of war in the 1990’s the region was confronted with a new and dangerous form of organized crime – human trafficking. Considerable progress has been made in the region in combating this modern day form of slavery, but even greater efforts are required. Trafficking also needs to be looked upon as not just as one field of criminal activity, but as part of a wider issue of corruption in the region. While criminals organize this activity, it is corruption that allows them to get away with it or go unpunished when caught. Preventing Future Conflict A fundamental principle behind the Helsinki Final Act is that there can be no true security without a commitment to democracy and human rights. Addressing the root causes of intolerance and discrimination are therefore essential to preventing future conflict in the region. The OSCE has done pioneering work in this area and is developing programs to prevent hate crimes and discrimination by confronting the sources of intolerance and by strengthening respect for ethnic and religious diversity. In a series of high level conferences the OSCE has sought to encourage states to collect hate crimes statistics, share information and strengthen education to combat intolerance as well as increase training of law enforcement officials. This is clearly a subject of importance to the entire region and governments should be cooperating in this work. We want to encourage regional participation at the next high level meeting on tolerance to be held in June in Bucharest. The Romanian government is now putting together an agenda which will cover racism, anti-Semitism and intolerance against Muslims and Christians as well as relevant programs to combat this discrimination. We want the conference to consider ways that our societies can move beyond tolerance to acceptance and recognition of diversity. I hope we can count on broad government and NGO representation from the region, but particularly from Bosnia, at the conference. Bosnia can and should be a leader in promoting dialogue among religious groups. We would very much like to see Bosnia host an OSCE event on this theme in future. At the Warsaw human dimension’s meeting last year there was only one Bosnian NGO represented. This was the National Council of Roma, but its participation was very significant for us. The plight of the Roma has been a special concern of the Helsinki Commission. No group within the former Yugoslavia has faced discrimination and exclusion so broadly as the Roma have. They continue to be deprived of housing and property rights, face difficulties in accessing personal documents and establishing citizenship. Many have no access to healthcare or education. In view of this widespread discrimination, not just within the Balkans but throughout Europe, the OSCE has sought to address the specific problems of the Roma. Your local Bosnian Helsinki Committee has also recently translated a human rights manual into Romani and I hope this will assist this marginalized community to assert and defend its rights. Eight governments of central and southeastern Europe have taken their own political initiative, titled the “Decade of Roma Inclusion,” to close the gap in welfare and living conditions between the Roma and non-Roma in their societies. Their aim is to break the cycle of poverty and exclusion by 2015. Several of the western Balkan states are active in this initiative. My understanding is that Bosnia is not yet a participant. It should be. One way to judge a society is by how well it protects the rights of those least able to realize them on their own. Any sincere effort to create modern, rights-based societies in the Balkans cannot overlook the plight and abuse of the civil, political, economic and social rights of the Roma. Among fundamental freedoms is the right to religious expression and belief. This is an issue of deep concern to Commission members. The right to practice your faith is no more secure than your readiness to acknowledge the right of others to practice theirs. Since the fall of communism various laws have been adopted in the region to provide for religious freedom, but these have unfortunately had the effect in some respects of restricting this fundamental right. They set numerical thresholds for the registration of religious groups, discriminate in favor traditional faiths, and place limits on free speech and proselytizing. These restrictions are particularly burdensome to new religious denominations and can lead to harassment against and stigmatization of their members. Albania, in contrast, has adopted a progressive law which provides for a neutral registration system that is applied universally. This is a model others in the region should consider adopting. Meanwhile, there is a need to step up efforts to respect the sanctity and ensure the safety of places of worship that have been targets of ethnically based violence in Bosnia, Serbia and Kosovo. Governments need to adopt a “zero-tolerance” approach in responding to such provocations. Finally let me address the situation of Kosovo. The pending decision on the final status of Kosovo has given rise to much anxiety and apprehension in the region. Much of the debate on Kosovo has focused on the larger issues of sovereignty, territorial integrity and self-determination. Within Congress and even within the Helsinki Commission reaching a consensus on the right outcome in Kosovo is difficult, but two things are clear. First, there is no connection between Kosovo’s future and the recognized sovereignty and the territorial integrity of Bosnia and Herzegovina. Second, whatever form a Kosovo settlement takes, the fundamental issue in the Commission’s view is whether or not it improves the respect for human rights, especially the rights of those people belonging to the Serb, Roma and other minority communities. Those rights include the protection of property and the right of return for displaced persons. Any settlement should also encourage a process of integration and inclusion of these minority communities within a broader Kosovo society. From this perspective the proposed plan of UN Special Envoy Ahtissari can serves as a solid basis for compromise. Even if Belgrade and Pristina cannot agree on the issue of status, they should be engaged in serious negotiations to protect the rights of these minority communities. But whatever becomes of Kosovo, the OSCE and other international human rights standards must apply there and the OSCE must be fully involved in monitoring implementation of any settlement to assure these rights are respected. Conclusion My remarks have focused on some areas of concern, but let me say in conclusion that the region of the western Balkans has come a long way since the 1990’s. The international community has made a substantial investment in the peace, stability and reconstruction in the region, and we welcome this progress. Slovenia is a full-fledged member of NATO and the EU. Croatia is well on the road to membership in both, and Macedonia and Albania are making progress in the right direction. In a welcome development at the end of last year, Bosnia, Serbia and newly independent Montenegro were invited to join NATO’s Partnership for Peace. The regional trajectory is positive. More importantly, the EU and NATO have made a political commitment to include all of the western Balkan states into Euro-Atlantic institutions, and recognized that Europe will be incomplete without your countries. That does not relieve you of the responsibility to meet the conditions of membership in these institutions, but it does offer a bright future for the region. The issues your societies now face are perhaps less dramatic than achieving peace was a decade and more ago. These are issues of complying with human rights norms and improving the quality of life and the relationship between the individual and his or her government. These issues should be a matter of open, public debate in local and regional fora like this one. For too long nationalism and an “us versus them” mentality have dominated public discussion and driven politics in the region. It is time politicians on all sides put down the megaphones and drop the rhetoric that they have been using to polarize the situation. A new dialogue based on an open discussion of these human issues needs to replace it. This is essential to preventing future conflict, promoting economic and social development and sustaining peace. Only political will on the part of governments and party leaders and the full engagement of NGOs and citizens in this Helsinki process of dialogue can get this job done and complete the transition of the western Balkan states into permanent and stable democracies.  

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