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Helsinki Commission Chairman Leads Delegation to Israel and Turkey before Attending OSCE Parliamentary Assembly Session
Monday, April 15, 2013

By Helsinki Commission Staff

En route to the OSCE Parliamentary Assembly’s Winter Meeting in Vienna, Austria, a delegation organized by the Helsinki Commission visited Israel and Turkey for talks on issues of key concern to U.S. foreign policy and the OSCE. These destinations in particular were selected to explore the impact on the OSCE region resulting from the ongoing tensions in the Middle East stemming from the active conflict and humanitarian crisis in Syria. The delegation was not only bipartisan but included Members from the Senate and House of Representatives, as well as two senior officials from the Department of Commerce.

The delegation, which departed February 15 and returned on February 23, was led by Helsinki Commission Chairman Senator Benjamin L. Cardin of Maryland and included Representatives Robert B. Aderholt of Alabama, Alcee L. Hastings of Florida and Mike McIntyre of North Carolina as well as Assistant Secretary of Commerce Michael C. Camuñez from the Helsinki Commission. Senator Bernie Sanders of Vermont and Deputy Assistant Secretary of Commerce for Europe and Eurasia Matthew Murray also joined the delegation.

High Level Meetings in Israel

The delegation’s first stop was Jerusalem. Following a late arrival on Saturday, February 16, the delegation was briefed by Ambassador Daniel Shapiro and Consul General Michael Ratney in preparation for meetings on Sunday with Prime Minister Benjamin Netanyahu, President Shimon Peres, the Institute for Intelligence and Special Operations (Mossad), Palestinian Prime Minister Salam Fayyad and other officials.

High on the delegation’s agenda were U.S.-Israeli relations, including economic cooperation, the peace process, renewal of Israeli-Turkish relations and regional security. President Peres welcomed the delegation in his residence and praised the work of the Helsinki Commission on human rights. Chairman Cardin and President Peres engaged in a lengthy conversation regarding the nuclear ambitions of Iran as well as human rights in that country. They also focused on investment and economic development in the region, particularly the need to provide employment and entrepreneurship opportunities for young people in the Arab world.

Members of the delegation met with Prime Minister Benjamin Netanyahu in his cabinet offices for a wide ranging discussion on Iran, the peace process, violence in Syria, Israel-Turkey relations and economic cooperation between our two countries. The Prime Minister also offered a candid assessment of the January 22 parliamentary elections in Israel and his efforts to form a new government.

Meeting with the delegation in the U.S. Consulate in Jerusalem, Palestinian Prime Minister Salam Fayyad provided an overview of the economic and security situation in the West Bank, the status of Palestinian-Israeli relations and the peace process. The Prime Minister indicated that there is outright disillusionment with the peace process among the Palestinian people. What is badly needed, he said, is a sense of renewal and energy by both parties to return to negotiations.

The remainder of the day included meetings with Deputy Prime Minister and Minister of Intelligence and Atomic Energy, Dan Meridor, Central Bank Governor Stanley Fischer and a briefing by Israel’s Institute for Intelligence and Special Operations (Mossad). The delegation departed early the next morning for Turkey.

Fostering Security Cooperation with Turkey

Chairman Cardin's delegation stopped in Ankara, Gaziantep, and Istanbul while in Turkey. In Ankara, the delegation met with President Abdullah Gul, Deputy Prime Minister Ali Babacan, and Omer Onhon, former Turkish ambassador to Syria. The delegation prioritized international engagement in the Syrian conflict, the status of Syrian refugees, the urgency of improving Turkish-Israeli relations, the Middle East Peace Process, bilateral economic cooperation and ongoing human rights concerns in their consultations with Turkish government officials. The delegation was briefed by U.S. Ambassador Frank Ricciardone and his staff on bilateral U.S.-Turkish priorities and the security of U.S. embassies following the tragic February 1, 2013 attack on the embassy in Ankara.

In Gaziantep, Chairman Cardin's delegation was the first group from Congress to visit the American detachment of the newly established NATO Patriot missile batteries. Members met with the troops stationed near Gaziantep and were briefed on security concerns emanating from the Syrian conflict and NATO efforts to ensure the security of Turkish communities near the Syrian border. The delegation was briefed by regional staff of the U.S. Office of Foreign Disaster Assistance on their substantial efforts to meet the humanitarian needs of the Syrian people in refugee camps and ensure the necessary resources reach the internally displaced civilians within Syria.

The delegation then proceeded to visit the central Turkish camp for Syrian refugees in Kilis, which is one of more than 20 such camps along the border. After a briefing by the Turkish Ministry of Foreign Affairs, the Members had an opportunity to see the facilities. The Turkish government has independently made a substantial investment in Syrian humanitarian assistance through their camps. They urged the delegation to encourage the international community to contribute more financial support to address the lack of resources for the growing Syrian refugee population in the region. The delegation also met the camp leadership elected from among the refugees, which reflected the diversity of those displaced by the conflict. The camp leaders urged the delegation to act expeditiously to support the Syrian opposition before the positive perception of the United States irreparably diminishes among Syrian civilians.

In Istanbul, the delegation participated in a discussion on the success of bilateral economic cooperation and overcoming barriers to increase U.S. investment in Turkey hosted by the Joint American Business Forum of Turkey and the Turkish-American Business Council. Members then convened a roundtable discussion with a diverse group of Syrian opposition activists based in Istanbul. The activists expressed an urgent interest in the future U.S. role in addressing the security and humanitarian impacts of Syrian conflict. The delegation also had an opportunity to meet with graduate students of Bahcesehir University to discuss the importance of international academic exchanges and youth professional development.

OSCE Parliamentary Assembly Meets in Vienna

The congressional delegation concluded in Vienna, Austria, to represent the United States at the Winter Meeting of the OSCE Parliamentary Assembly (OSCE PA). Like the OSCE of which it is a part, the Parliamentary Assembly has been an important venue for important initiatives relating to the Helsinki Commission’s work. Those initiatives include addressing specific human rights concerns in numerous countries and combating intolerance in society, organized crime and official corruption, and trafficking in persons. They also include promoting transparency in government and business practices. The United States has traditionally maintained a robust presence in the Assembly, assuring European friends and allies of willing U.S. engagement on issues of common concern and ensuring that the Assembly’s work reflects U.S. interests. Representative Aderholt, for example, is currently an OSCE Vice President and sits on a subcommittee dealing with rules of procedure and an ad hoc committee focusing on reform and transparency of the OSCE.

The Winter Meeting is a two-day event held at the Hofburg premises of the OSCE, allowing diplomatic personnel from this multilateral organization to report to the parliamentarians on security, economic, environmental and human rights developments across Europe and into Central Asia. The Winter Meeting also provides a forum for open debate of topical issues and to present ideas for resolutions to be considered later in the year. In the decade since it was first organized, the Winter Meeting has become second in importance only to the OSCE PA’s Annual Session, which is held in June or July in different locations to consider these resolutions and adopt a declaration. In 2013, there were more than 200 parliamentarians in attendance.

Ambassador Ian Kelly, the U.S. Representative to the OSCE, briefed the delegation soon after its arrival on the regional issues of interest to the OSCE, as well as organizational developments, from a U.S. policy perspective. Ukraine has taken the OSCE’s chairmanship for 2013, and efforts continue to achieve progress on priority issues in time for a foreign ministerial scheduled for year’s end. As it approaches its 40th anniversary in 2015, the OSCE is also seeking to develop its structural and substantive abilities in order to remain relevant to European security, but it must do so in the face of efforts by Russia and like-minded states to undermine the OSCE’s human rights focus.

OSCE PA President Riccardo Migliori of Italy opened the Winter Meeting with a call to find “solutions for the future” based on “the road map signed in our past,” namely the 1975 Helsinki Final Act. The opening plenary was also addressed by Austrian National Council President Barbara Prammer, OSCE Secretary General Lamberto Zannier of Italy, and the Special Envoy of the OSCE Chair-in-Office, Viacheslav Yatsiuk of Ukraine.

Additional discussions were held in each of the Assembly’s three General Committees: the First Committee dealing with political affairs and security; the Second Committee with economic affairs, science, technology and the environment; and the Third Committee with democracy, human rights and humanitarian questions. Committee rapporteurs and guest speakers discussed current issues and the prospects for OSCE PA work in the coming year.

Assistant Secretary of Commerce Camuñez was a featured opening speaker for the Second Committee, focusing on economic issues in particular. Calling for a “truly 21st century approach” to engagement on these issues within the OSCE, he focused in particular on work being done on energy security and sustainability. He also called for operationalizing OSCE commitments on good governance and transparency adopted at the 2012 Dublin Ministerial Council of the OSCE and asked parliamentarians to play their role by passing needed laws and encouraging government policies that reflect OSCE norms and goals.

The Winter Meeting traditionally includes a closing joint-committee session to debate issues that are particularly relevant and timely. This year, the debate focused on how OSCE countries should respond to crises in Syria, the Sahara, and North Africa. Representative Hastings, speaking as the OSCE PA’s Special Representative on Mediterranean Affairs, made a presentation that called on the parliamentarians to consider being in the place of the Syrian people as they flee their homes and lose loved ones, including children, while the world watches. He called on the participating States to halt the flow of arms to Syria, and insisting the Bashar al-Assad “must go,” called for him to be held accountable for his crimes before the International Criminal Court. Chairman Cardin also spoke in the debate, reporting on the discussions the delegation had in Israel and Turkey regarding Syria and praising Turkey’s efforts to accommodate massive inflows of refugees.

During the course of the Winter Meeting, the OSCE PA convenes its Standing Committee, composed only of Heads of Delegation and officers, to shape the Assembly’s work. Helsinki Commission Co-Chairman Representative Christopher H. Smith, who was unable to attend the Winter Meeting, and Rep. Hastings each submitted to the committee written reports on their activities as Special Representative on Human Trafficking and as Special Representative on Mediterranean Affairs, respectively. Chairman Cardin participated in a lengthy debate on OSCE election observation, calling for the Assembly and the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) to coordinate in the field and to take advantage of parliamentary leadership to make observation most effective.

The delegation used its time at the Winter Meeting to engage in bilateral meetings with parliamentarians and officials regarding Helsinki Commission concerns, including the OSCE Chair-in-Office envoy Yatsiuk, OSCE Secretary General Zannier and ODIHR Director Janez Lenarcic of Slovenia. Representative Hastings also organized a working session with visiting delegates from the Mediterranean Partner countries in order to plan activity for the coming year that will strengthen the partnership between the Mediterranean Partners – Algeria, Egypt, Israel, Jordan, Morocco and Tunisia – and the OSCE. Representative Aderholt also met with human rights activist and opposition representative Andrei Sannikov to discuss common concerns in Belarus.

Beyond the Hofburg, the delegation also met with Ambassador Joseph MacManus, who represents the United States at United Nations organizations based in Vienna, and Director General of the International Atomic Energy Agency Yukiya Amano of Japan. Nuclear proliferation was the main issue in these meetings. Chairman Cardin also was accompanied by the U.S. Ambassador to Austria, Willliam Eacho, as he paid tribute at the Austrian National Council to the Vienna-based organization CENTROPA and its American Director, Ed Serotta, for efforts to preserve Jewish memory in Central and Eastern Europe, the former Soviet Union, the Balkans and the Baltics for future generations.

By all accounts, the Winter Meeting represented two days of healthy debate and discussion. The U.S. Delegation played an active role throughout the meeting, making presentations and responding to statements of others.

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  • Georgians Return to Polls to Elect New Parliament as Political Polarization Persists

    By Ronald J. McNamara and Orest Deychakiwsky For the second time this year, Georgians went to the polls in national elections, casting ballots on May 21, 2008, for a new slimmed down 150–seat unicameral parliament, known as the Supreme Council, with half filled through proportional party lists and the other by single-mandate districts. Previous parliaments comprised 235 members. Timing of the parliamentary elections, originally scheduled for fall 2008, became a contentious issue late last year as violence erupted on the streets of Tbilisi, the Georgian capital, leading to early presidential elections and a plebiscite on when to hold the parliamentary contest. Incumbent Mikheil Saakashvili was reelected president in the January 5 election, narrowly escaping a second round. According to final results reported by the Central Election Commission, Saakashvili won 53.47 percent of the vote, with 70 percent of those casting ballots supporting the holding of early parliamentary elections. On March 21, the president called for the elections to be held in two months time. Mr. João Soares of Portugal, a Vice-President of the OSCE Parliamentary Assembly at the time, was appointed as Special Coordinator of the OSCE Chairman-in-Office to lead short-term observers of the OSCE’s International Election Observation Mission (IEOM). In all, the OSCE fielded over 550 observers from 48 countries, including a parliamentary component of over 100 drawn from the OSCE PA, the Parliamentary Assembly of the Council of Europe, the European Parliament and the NATO PA. International observers, including two members of the Helsinki Commission staff, participated in an extensive program of briefings in Tbilisi prior to election day, including presentations by the ODIHR Core Team and the Central Elections Commission as well as a wide range of international and domestic NGO experts. Observers also heard from representatives of most of the political parties and blocs fielding candidates: Georgian Politics, the Republic Party, the Rights Alliance, the Labor Party, the United National Movement – for Victorious Georgia, the Georgian Union of Sportsmen, the United Opposition bloc, the All Georgian National Party of Radical Democrats, the Christian-Democratic Movement, and Our Country. In all, nine political parties and three blocs were registered for the parliamentary contest, including the newly formed Christian-Democratic Movement. In all, IEOM observer teams visited nearly 1,500 of the country’s 3,641 polling stations on election day. Helsinki Commission staff observed in the Marneuli Rayon, south of Tbilisi, a predominately Azeri region bordering on neighboring Azerbaijan and Armenia. According to the 2002 national census, the Azeri minority constituted 6.5 percent of Georgia’s population. This rural agricultural region comprises the District Election Commission 22, with 84 individual polling stations for slightly over 90,000 registered voters. Interest in observing in the Marneuli region was based in part on irregularities observed during the January 2008 presidential election. Several polling stations, at that time, registered voter turnouts in excess of 100 percent, with over 88 percent of the vote going to Saakashvili, exceptionally high when compared with other districts in that part of the country. Commission staff observed an opening and the voting in nearly a dozen individual polling stations throughout the rayon, or county. Among those sites visited was the area’s largest military installation, where soldiers lined up to cast their votes as senior officers chatted outside of the station. With a few exceptions, the balloting was conducted in an orderly manner and in line with CEC procedures. An exception was a polling station close to the Armenian border in which pandemonium prevailed and a number of serious irregularities were observed by the team. Conspicuously, ballots at the station and other voting materials lacked the required serial numbers. Domestic party observers were vocally protesting procedural problems at the station as one from their ranks was repeatedly rebuffed by the precinct chairman when the observer sought to lodge a formal written complaint in the official journal. Local police were called to the scene, though they stayed at a distance as long as the Helsinki Commission team was present. The closing and tabulation observed at another station proceeded smoothly, with good cooperation among the poll workers. The following day, on May 22, Soares held a press conference in Tbilisi to issue a statement of preliminary conclusions on behalf of the IEOM: “Overall, these elections clearly offered an opportunity for the Georgian people to choose their representatives from amongst a wide array of choices. The authorities and other political stakeholders made efforts to conduct these elections in line with OSCE and Council of Europe commitments. The International Election Observation Mission (IEOM) identified a number of problems which made this implementation uneven and incomplete.” Addressing a protest rally on May 26, Levan Gachechiladze, the leader of the United Opposition called for annulment of the election results. “We will not let a handful of criminals run the country,” he told supporters. Fellow opposition leader Davit Gamkrelidze told the crowd, “I have no right to enter a parliament that is the product of illegality, terror, and an illicit government. I cannot become a member of a parliament that is illegitimate, unlawful, and which is a product of Soviet-style elections.” On June 5, the Central Election Commission issued a release summarizing the elections results. According to the CEC, four political parties passed the 5 percent threshold based on the proportional system: United National Movement (59.18%), or 48 seats, the United Opposition (17.73%), 15 seats, Christian-Democrat (8.66%) and the Labor Party (7.44%), 6 seats each. The results of single-mandate contests were: 71 seats for the United National Movement, 2 seats for the United Opposition, and 2 for the Republican Party. In total, the United National Movement won 119 seats, a constitutional majority. The United Opposition leadership moved quickly to request the cancellation of the mandates for seats won by the party, precluding individuals lower on their list from occupying the seats. Four of those elected, however, broke ranks with their leaders, refusing to relinquish their seats. The Labor party chose to neither cancel nor occupy their seats in parliament. Meanwhile, the Christian-Democratic party positioned itself to foster unity among the small group of non-UNM members. Results for Marneuli showed overwhelming support for the ruling UNM, with 84.49%, far exceeding the level for the country as a whole. The only other party to pass the threshold in the region was the United Opposition, with 6.79%. Similar lopsided tallies favoring the UNM were recorded in six other regions, notably the predominately Armenian Akhalkalaki and Ninotsminda, where support for the ruling party surpassed 90 percent. Traditionally, areas of Georgia with high concentrations of ethnic minorities, such as these, have turned out in large numbers, voting overwhelmingly for whatever the ruling party was at the time. The newly-elected parliament held its inaugural session on June 7. In remarks before the new parliament, President Saakashvili acknowledged the challenges facing the country’s elected leadership, “The entire world is looking at Georgia today. The Georgian people have overcome the most difficult political crisis last autumn at the expense of democratic consolidation. We have managed to overcome the political crisis with the help of democratic institutions, to solve all problems through peaceful democratic methods.” He continued, “our obligation is to make our compatriots feel that they are represented in the country’s governance; even the smallest group should feel that it has the right to be represented in the country’s governance, in making decisions about the future of our country.” Saakashvili concluded by stressing the importance of undertaking further reforms and fostering unity. In testimony before Congress several weeks after the elections, Daniel Fried, Assistant Secretary of State for European and Eurasian Affairs, remarked, “Georgian democracy continues to lack a necessary element – a credible and viable opposition – and the United National Movement and the United Opposition share the blame for this shortcoming. Without a viable opposition, an empowered, independent parliament and strong, credible judiciary, and a reform process that respects dissenting voices, democracy will not be consolidated.” While political polarization persists in the country, it was less palpable at the time of the parliamentary elections than in January, when there were widespread concerns that the violent street clashes of November could be reignited. Heightened tensions over the breakaway region of Abkhazia and the possibility of war erupting with Russia following the April 20 shoot down of an unmanned aerial vehicle by a Russian fighter over Georgian airspace seemed to trump domestic political squabbling in the lead up to the parliamentary elections. Overcoming political turmoil and polarization in the country takes on even greater importance in the face of ever-growing Russian threats and provocative actions undermining Georgia’s territorial integrity. The Georgian authorities should build upon the reforms instituted in electoral laws and procedures prior to the parliamentary elections. A lingering concern that deserves attention is the low confidence among voters regarding the electoral process and skepticism regarding the role of the international community. Similarly, allegations of campaign irregularities from recent elections, including use of administrative resources by the ruling party; campaigning by state officials; intimidation of state workers, especially teachers; pressure on businesses to make campaign “donations”; unbalanced television coverage on private stations; ruling party dominance of elections commissions; and lingering errors on voters lists should be taken seriously and dealt with by the authorities. These and other concerns are discussed in greater detail in the Statement of Preliminary Findings and Conclusions issued by the IEOM on May 22, 2008. A final report on the May 21 parliamentary elections is expected to be released by the OSCE’s Office of Democratic Institutions and Human Rights shortly.

  • Racism and Xenophobia: The Role of Governments in Addressing Continuing Challenges

    by Mischa Thompson, PhD and Alex Johnson, Staff Advisors On May 29-30, 2008, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) held the Supplementary Human Dimension Meeting (SHDM), titled “The Role of National Institutions against Discrimination in Combating Racism and Xenophobia with Special Focus on Persons belonging to National Minorities and Migrants” (http://www.osce.org/conferences/shdm1_2008.html). Prior to the meeting, a “roundtable for civil society" was organized by ODIHR to enable civil society representatives to prepare recommendations to be presented during the Opening Session of the SHDM. The purpose of the Supplementary Meeting was to focus on “National Institutions Against Discrimination” (NIADs) that OSCE countries have developed to combat racism and discrimination. The majority of OSCE countries have in place national human rights or ombudsman institutions to deal with human rights violations in general, however, their mandates and capacity to deal more specifically with manifestations of racism and xenophobia vary, with some having little to no focus on this area. The SHDM examined the role of national institutions in responding to and combating racism and xenophobia in particular, where such cases involve persons belonging to national minorities and migrants. Official delegations from the OSCE countries took part in the conference, including participation from the U.S. Congress. Representative Alcee L. Hastings, Chairman of the U.S. Commission on Security and Cooperation in Europe (CSCE), participated as head of the Official OSCE Parliamentary Assembly delegation in his role as President Emeritus of the Parliamentary Assembly (PA). The U.S. Delegation included U.S. Ambassador to the OSCE Julie Finley, as well as Naomi Churchill Earp, Chair of the Equal Employment Opportunity Commission (EEOC). The two-day Conference featured three panels focused on the role and mandate of NIADs in combating racism and xenophobia, overcoming challenges, and good practices. Additionally, there was a side event hosted by the UN High Commissioner for Refugees (UNHCR) and ODIHR entitled, “Is the right to asylum undermined by racism and xenophobia?” The conference was held in Austria, where reports from the European Union Fundamental Rights Agency (EUFRA) and European Network Against Racism (ENAR) had previously cited numerous cases of racism and discrimination impacting Roma, Black, Muslim, Jewish, and migrant communities in education, employment, housing, criminal justice, and other areas (see http://www.fra.europa.eu/factsheets/front/factSheetPage.php?category=1136&country=4&year=2008; http://cms.horus.be/files/99935/MediaArchive/national/Austria_2006.pdf.) Chairman Hastings, representing the OSCE PA, delivered remarks at the Opening Session of the meeting following presentations from the outgoing Director of ODIHR, Ambassador Christian Strohal, and the incoming Director of EUFRA, Morten Kjaerum. Chairman Hastings’ remarks focused on the importance of the U.S. story in developing remedies to historic injustices, lessons learned, and remaining challenges, including those faced by migrant populations. He noted that, “given the multiple effects of racism and discrimination, there is no single government office that can fully address the problem [and that] the decades of U.S. government institutions fighting discrimination, recruiting from diverse communities, providing education and training opportunities for minorities coupled with efforts from the civil society and private sector were critical to [gains minorities have made in the U.S.].” In addition to noting the need for minority input in the creation and implementation of any strategies, he also stressed the need for action. “I’ve been meeting on efforts to stop racism for 30 years. It’s time for something to be done,” he said. The need for action also was underscored by a number of attendees of the meeting who cited numerous problems with the political independence of, funding, structure, knowledge of, and mandate of NIADs, which impacted their abilities to adequately address problems faced by the communities they were designed to assist. Calls for NIADs to be independent were raised by numerous civil society members, as they felt links to government prevented prompt and appropriate responses to acts of discrimination. Additionally, this was said to impact their structure, as members of the affected communities cited that they were not appointed to the boards, employed in the organizations, nor consulted in the plans and initiatives of the institutions. One civil society participant cited as evidence of this, that a number of the panelists at the SHDM were not “Muslim, Black, or some other visible minority,” despite playing leading roles in NIADs. Others noted cronyism in the appointments, leading to questions of whether the leaders of a number of the organizations possessed the ‘cultural competency’ needed to adequately address problems of racism and xenophobia. Concerns about the mandates were also raised, as they were often focused on legal remedies, data collection, and assisting victims, but may not have included or were unsuccessful with outreach, education, and/or empowerment tools, e.g., informing affected communities of anti-discrimination laws and initiatives, providing technical assistance to minority/migrant organizations to represent themselves. For many, these problems indicated a lack of actual political will to solve the problems, which was then also reflected in several NIADs reporting a lack of government funding. These concerns were noted as reasons civil society was in some countries assuming and/or being asked to assume government responsibilities for addressing racism and xenophobia. Addressing some of these concerns, and underscoring a number of Chairman Hastings’ observations, U.S. delegate Naomi Earp of the EEOC provided remarks on the U.S. approach to combating discrimination during the Opening Session and Session III of the Meeting (Document 1, Document 2). Noting that, “Sadly racism is alive and well,” she detailed the numerous federal, state, and local civil rights programs and institutions in the U.S. created to implement racial equality. She cited politics and funding as primary challenges and noted the need for “a viable consensus” among government actors, civil society, the private sector, and other affected parties to prioritize and formulate successful strategies. “Nations must understand that institutionalizing equal opportunity, while laudable, has financial consequences,” she said, including details of the importance of planned and adequate funding. Moving beyond a paradigm of addressing violent forms of discrimination, she also noted the need to combat systematic or institutionalized discrimination, as well as subtle and blatant forms of discrimination that impact hiring, promotions, and other aspects of the workplace (see E-Race initiative http://www.eeoc.gov/initiatives/e-race/index.html). A number of other participating States, such as France and Belgium noted how their NIADs were organized and what they did. Others reiterated the growing problems of racism and xenophobia in their societies and cited the need for solutions. Russian Ombudsman Vladmir Lukin remarked, “extremist ideas and xenophobic attitudes are nowadays commonly concealed as formally legitimate disagreement to a state’s migration policy,” and that solutions should also focus on tolerance education, as “responding to already committed crimes makes it impossible to start their effective prevention.” The Meeting ended with OSCE Chair-in-Office Personal Representative on Combating Racism, Xenophobia, and Discrimination against Christians and Members of Other Religions, Anastasia Crickley calling for an increased focus on implementing solutions. She noted that the remarks of two Americans, Chairman Alcee L. Hastings and Naomi Earp, illuminated two key concepts participants should take away from the SHDM. First, she observed that Chairman Hastings demonstrated why, “national institutions and official agencies should reflect the diversity of the communities they represent,” and second that, Ms. Earp demonstrated that participants must “measure issues so that they can address them.” Ms. Crickley also observed that a number of forms of discrimination were inadequately engaged throughout the SHDM proceedings, particularly discrimination faced by Roma and Sinti communities. Expected outcomes of the meeting included the creation and/or strengthening of NIADs by OSCE participating States, increased cooperation and partnerships of NIADs with civil society, and assistance for burgeoning NIADs. Additionally, the development and implementation of national action plans with the consultation of civil society, improved data collection, research, and reporting, and maintaining a focus on combating racism and xenophobia in the face of attempts to refocus the conversation solely on integration and immigration were highlighted. Many questions of what the follow-up to this meeting could be remained, including possible trainings and technical assistance to strengthen NIADs, outreach and empowerment initiatives for affected communities, the role of the private sector, and as well as the need for participating States themselves to better understand racism, xenophobia, and discrimination and how best to adequately, design, fund, implement, and sustain successful strategies.

  • Italian Fingerprinting Targeting Romani Communities Triggers Protests; OSCE Pledges Fact-Finding

    By Erika B. Schlager, Counsel for International Law On July 10 and 11, the OSCE participating States held the 2nd of this year’s three Supplementary Human Dimension Meetings (SHDMs). This meeting, formally devoted to consideration of “Sustainable Policies for Roma and Sinti Integration,” also became a forum to protest Italy’s announced plans to fingerprint Roma and Sinti – and no one else. (“Sinti” is the term of self-ascription used by a Romani people primarily in historically German-speaking areas of Europe.) The OSCE’s newly appointed Director of the Office for Democratic Institutions and Human Rights, Janez Lenarcic, announced at the meeting’s opening that the OSCE and Council of Europe would undertake a fact-finding trip to Italy to examine the situation of the Roma there. Overview of Meeting The OSCE holds three Supplementary Human Dimension Meetings each year. These are two-day human rights meetings held in Vienna, Austria (where the OSCE is headquartered). As originally conceived, these meetings are intended to bring topical human rights issues closer to the Permanent Council of the 56 participating States, the key decision-making body of the OSCE. The topics for the SHDMs are chosen by the OSCE Chair-in-Office (a post currently held by Finland), in consultation with the participating States. The SHDMs augment the annual two-week human dimension implementation review, typically held in the fall in Warsaw. Participants at this meeting included representatives from the national delegations to the OSCE in Vienna; government representatives from capitals (including from offices or departments specializing in Romani concerns); local authorities with responsibility for implementing policies relating to Romani minorities; representatives of Romani and other non-governmental organizations (NGO); and international organizations (such as the Council of Europe and United Nations Development Program). The meeting was divided into successive sessions: 1) an opening session which included keynote remarks presented by Romanian Government State Secretary Gruia Bumba, head of Romania’s National Agency for Roma; 2) a session on the role and responsibility of regional and local authorities to assist in integrating Roma; 3) a session on good practices and major challenges in improving the situation of Roma at the local level; 4) a session on policies to facilitate equal access of Roma and Sinti to public services and education; and 5) closing remarks. These discussions were enriched by the insights of officials actually implementing policies or programs relating to Roma at the local or regional level, including the Head of the Unit of Attention for the Roma Community from the Catalan Government in Spain; the Director of Empowering Social Work and Basic Security from the City of Jyvaskyla, Finland; the Vice Mayor of the City of Bologna, Italy; and the Mayor of Trikala, Greece, among others. In addition to these formal sessions, a civil society round-table was held on the morning of the first day, enabling Romani civil society representatives to present shared concerns to the OSCE participating States during the opening session. Three additional side events were held on: the effective use of the European Court of Human Rights judgments; building partnerships between Romani communities and local authorities; and fundament rights and freedom of Roma in Italy. The Italian Job As a practical matter, the advanced planning time-line required for these meetings makes it difficult to select topics that are particularly time-sensitive or reflect breaking developments. The timing of this particular SHDM, however, more-or-less coincided with the announcement by the Italian Government that Roma and Sinti – including European Union citizens – would be singled out for fingerprinting by the country’s law enforcement authorities. As a consequence, the meeting was sharply punctuated by discussions of developments in Italy. The fingerprinting plan, reportedly to be administered with the collection of data on ethnicity and religion, is the latest culmination of a growing anti-migrant and anti-Roma sentiment in Italy. Intolerance in Italy escalated with the latest wave of EU expansion, after which an increased number of Romanian nationals went to Italy to work; a weakened Italian economy; and the election earlier this year of political leaders who campaigned on an anti-immigrant platform. Sharp criticism of the situation in Italy was therefore a reoccurring theme, beginning with a protest action at the opening session. At a pre-determined moment, several dozen non-governmental activists rose in unison, many wearing t-shirts bearing the image of an out-sized fingerprint and the words “no ethnic profiling” over it, or holding enlarged photos of Romani camps that had been torched by mobs in Italy. They demanded an end to the selective fingerprinting of Roma. Moreover, one Romani non-governmental representative observed that no perpetrators have been held accountable for torching Romani camps or other acts of violence and warned that, if unchecked, such violence would surely result in deaths. He called on Italy to report to the upcoming Human Dimension Implementation Meeting on actions taken to hold perpetrators accountable. On the second day of the meeting, a similar group gathered in front of the OSCE’s meeting site, and marched through Vienna to the offices of the EU’s Fundamental Rights Agency. Then, at the side event focused on the situation in Italy, a coalition of NGOs (the European Roma Rights Center, the Open Society Institute, the Centre on Housing Rights and Evictions, Romani CRISS and the Roma Civic Alliance of Romania) launched a report on Italy outlining the “extreme degradation of Roma rights in Italy.” NGO representatives who had visited destroyed camps described finding toys and clothes left behind, as victims fled with nothing but the clothes on their backs. Italy was well represented at the meeting by representatives from their permanent delegation to the OSCE as well from the Ministry of Interior. They came to all events, including to the side event on the situation of Roma in Italy, and responded politely to the issues raised. In particular, Italian authorities claimed that manifestations of racism against Roma had been widely condemned in Italy. Notwithstanding their conciliatory demeanor, Italian officials stood by their plans to move ahead with the fingerprinting operation targeting Romani communities. In this context, it was particularly interesting to hear an alternative view from a local government official from Bologna. She clearly sought to distance herself from the national policies under fire, and described the challenges local officials had absorbing or responding to an increased number of Romani migrants, without assistance from or a strategic plan on the part of the national government. The Romanian Government was restrained, but circulated a formal document of protest, “request[ing] the European Union to recommend the Italian Government to give up the fingerprinting measures of Roma persons and to observe and enforce the aquis communitaire regarding the fundamental rights of European Union citizens, including of Romanian citizens of Roma origin.” Although the ECONOMIST recently described Europe’s diverse and dispersed Romani communities as “bound only by music,” one might have added, “and an extensive network of electronic devices.” Even as the OSCE held its human dimension meeting in Vienna, email messages arrived on participants’ cell phones and blackberries reporting that the European Union Parliament had adopted a resolution calling on Italy to stop the fingerprinting.

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

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

  • Hate in the Information Age

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

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

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

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

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

  • Iraqi Refugee Crisis: The Calm before the Storm?

    By Marlene Kaufmann, General Counsel and Lale M. Mamaux, Communications Director Jordan In March, staff of the United States Helsinki Commission travelled to Amman, Jordan, an OSCE partner State, and met with government officials and leading NGOs regarding the Iraqi refugee crisis. Helsinki Commission Chairman, Congressman Alcee L. Hastings, has introduced comprehensive legislation to address this crisis, and the Commission held a hearing on April 10, regarding the impact of Iraqi refugees on OSCE States and Partners, including Jordan, Egypt and Turkey. It was revealed during the visit in Jordan that the situation on the ground is becoming increasingly desperate. Government officials emphasized the economic and infrastructure strains caused by the refugees – soaring rents, inflation, and strains on educational and medical resources, as well as water. The NGO community sees an increase in desperation among the refugee population that they are attempting to serve. This increased desperation, combined with increasing resentment among host country populations, is becoming a recipe for disaster. As a result of the widespread sectarian violence that erupted in Iraq in 2006, masses of Iraqis began fleeing to neighboring countries in the region for shelter. It is estimated that more than one million Iraqi refugees have fled to Jordan, Syria and other neighboring states, and approximately 2.2 million Iraqis have been displaced within Iraq itself. Jordan, a small Arab nation with a population of six million, has accepted almost half a million Iraqi refugees. This amounts to an 8 percent increase in the population of Jordan in essentially a year and a half. This would be the equivalent of the United States enduring a stream of 24 million people across its borders in the same time frame. Poverty, unemployment, and inflation are on the rise in the country making it extremely difficult for the Jordanian government and society to cope with the influx of refugees. In 2007, Jordan effectively sealed its borders by imposing strict visa requirements on Iraqis seeking entry, documents that most fleeing Iraqis do not have or would be required to make a dangerous trip to Baghdad to try to obtain. Jordan is not a party to the 1951 United Nations Convention on Refugees and does not have a domestic refugee law. The government does not, therefore, recognize Iraqis as residents of its country, but rather classifies them as “guests” or “visitors.” The Jordanian government does not allow Iraqis to work, however some do find jobs in the “underground” economy, which at best pay barely enough to survive and for which the threat of exploitation is significant. In many situations, men, fearing arrest and deportation, remain in hiding and rely on whatever income their wives and children can generate. Iraqis are permitted to seek medical assistance at government clinics, where they are offered the same health care benefits as uninsured Jordanians. In addition, as a result of pressure from the international community, Jordan opened its schools to Iraqi children. It is estimated that approximately 25,000 Iraqi students have enrolled for the 2007-2008 school year, a significantly smaller number than was expected. While the admission of Iraqi students is relatively low, it has nevertheless put a substantial strain on an already overburdened school system. As a result, the day-to-day needs of Iraqis continue to increase as their resources are diminishing. Multiple families are sharing a single dwelling and those seeking medical attention frequently suffer from severe depression and stress related illnesses. Many of the NGOs offering services in Jordan are attempting to address this burgeoning medical crisis but lack the resources to provide comprehensive counseling – leaving increasingly large numbers of the vulnerable Iraqi refugee population simmering in a cauldron of stress and depression. This situation does not bode well for long-term societal stability. Attempts to provide assistance to Iraqi refugees in Jordan are complicated by both the location and the mixed demographics of the population. Unlike the situation of the Palestinian refugees encamped in tent cities in the “no-man’s-land” on the Syrian border with Iraq, there are no Iraqi refugee camps in Jordan -- where the numbers and needs of the refugees could be easily identified, and to which humanitarian and other assistance could be quickly and efficiently delivered. Rather, Iraqi refugees in Jordan are dispersed throughout Amman and the surrounding areas. A number of refugees -- some of whom came to Jordan to escape the regime of Saddam Hussein, returned to Iraq after his fall, and now have taken up residence again in Jordan -- are quite wealthy, and are obviously able to fend for themselves. The bulk of Iraqi refugees in Jordan, however, arrived with few resources or have now, as is the case with those who were “middle class” when they fled, completely depleted whatever income they may have had from savings, or selling their homes and possessions. The Jordanian government made it quite clear that they want Iraqi refugees to be treated humanely, yet they do not want Iraqis to permanently settle in Jordan. This fact was reinforced at an international conference hosted by Jordan on March 18, during which Foreign Minister Salah Al-Bashir remarked, “But the main challenge now is to find the right environment for a political settlement in Iraq that would restore security and stability, helping Iraqi refugees return home, because there is no other alternative.” While the Jordanian government sees no alternative for Iraqis other than return, the reality is quite different. Many NGOs in Jordan are looking at this from a long-term perspective with some estimates of Iraqis staying for at least ten years, or perhaps permanently. Many Iraqis who fled have had a close family member or friend killed, threatened, kidnapped, or tortured, making return extremely difficult if not impossible. As resources are depleted and Iraqis become more and more desperate to survive, the economy will not be the main source of worry for host countries. Increasingly desperate refugees interacting on a daily basis with increasingly resentful host country populations could sow the seeds of instability on the streets of Amman and Damascus – the current situation may just be the calm before the storm. In Congress, Commission Chairman Hastings, who is also Special Representative on Mediterranean Affairs for the OSCE Parliamentary Assembly, has introduced comprehensive legislation to address this humanitarian and potential security crisis. In January, Chairman Hastings and Congressman John Dingell wrote to President Bush requesting an additional $1.5 billion in funding in the FY 2009 budget, and also called on Secretary of State Condoleezza Rice to layout a long-term plan to address the plight of Iraqi refugees and internally displaced populations (IDPs). In April, Chairman Hastings joined with Congressman Bill Delahunt and nine of his Congressional colleagues in sending a bipartisan letter to Iraqi Prime Minister Nouri al-Maliki urging the government of Iraq to use $1 billion (4 percent) of the expected $25 billion budget surplus to assist Iraqi refugees and IDPs. Additionally, Commission Co-Chairman Senator Benjamin L. Cardin was successful in offering an amendment to the Labor, Health and Human Services, Education Appropriations bill last year. Co-Chairman Cardin’s amendment provides six months of eligibility for resettlement assistance to Iraq Special Immigrant Visa (SIV) holders when they arrive here in the United States, ensuring that Iraqis are able to make the transition to a productive life in the United States by providing preliminary housing, school enrollment and job assistance. On April 10, the Helsinki Commission held a hearing on the Iraqi refugee crisis which focused on the impact of the massive displacement of Iraqi citizens on Jordan, Syria, Egypt and Turkey as well as other countries in the region; the security implications of this humanitarian crisis; and efforts by the United States and others to address the plight of Iraqi refugees, including humanitarian relief, resettlement of Iraqi refugees, host country commitments, and European cooperation as well as the development of a long-term plan to address this crisis. Testifying before the Commission were Ambassador James Foley, Senior Coordinator for Iraqi Refugees, U.S. Department of State; Ms. Lori Scialabba, Senior Advisor to the Secretary of Homeland Security for Iraqi Refugees, Department of Homeland Security; Mr. Michel Gabaudan, Washington Director, United Nations High Commissioner for Refugees (UNHCR); Mr. Anders Lago, Mayor of Sodertalje, Sweden; and Mr. Noel Saleh, Member, Board of Directors, Arab Community Center for Economic and Social Services (ACCESS). During the hearing Ambassador Foley stated that the resettlement of Iraqi refugees to the United States “is turning around.” He added, “You are going to see in the coming months, especially in the late spring and summer, tremendous numbers of Iraqi refugees arriving in the United States.” Mayor Lago of Sodertalje, Sweden whose town has a population of 83,000 and has taken in more than 5,000 Iraqi refugees noted “The millions of refugees in the world must be a concern for us all, not just for those areas bordering on the breeding grounds of war, or for a small number of countries and cities such as Sodertalje.” He further noted, “Despite the fact that we need immigrants, Sodertalje has become a town that must now say - STOP, STOP, STOP! Do not misunderstand me. We will always help others when we can. We must act when the lives of our brothers and sisters are in danger. It is imperative that we have a humane refugee policy worldwide. Our common agreement, that all people are equal, no matter what color religion or gender must become a reality.” The hearing came on the heels of General David Petraeus’ and Ambassador to Iraq Ryan Crocker’s testimony before Congress about the Iraq war. Turkey Helsinki Commission staff also travelled to Ankara and Istanbul, Turkey and held meetings with leading NGOs as well as staff of the Ministry of Foreign Affairs. While the main focus of the trip was the Iraqi refugee crisis, staff also discussed U.S.-Turkey bilateral relations, human trafficking, migration, security threats posed to Turkey by the Kurdistan Workers Party (PKK) – a known terrorist organization, as well as Turkey’s cooperation in Iraq. It is estimated that Turkey is currently hosting 6,000-10,000 Iraqi refugees. Unlike Jordan and Syria, Turkey is a party to the 1951 UN refugee convention. Turkey, however, imposes a “geographical limitation” on its commitments under that agreement and only recognizes refugees arriving from Europe. Iraqis entering Turkey from non-European countries are treated as asylum-seekers. UNHCR-Turkey has assumed responsibility for processing these individuals and it then submits its recommendations to the Turkish government. The Turkish government, however, ultimately determines the status of asylum-seekers making the registration process time-consuming and confusing. Those who have registered with UNHCR for asylum can wait up to nine months to be fully processed and are not entitled to any assistance during that period. In the interim, the refugees are reliant upon the charity of the communities in which they have settled or must fend for themselves on the streets. Iraqi refugees entering Turkey are not permitted to reside in Ankara or Istanbul – where they may have relatives or access to an established Iraqi community – but are directed to a number of “satellite cities” in different locations throughout Turkey. In most instances, there is no Iraqi community or support system in these remote locations, making resettlement, access to services, and integration into the local community extremely difficult for the refugees. The Turkish government has accepted in principle the establishment of seven ‘Reception Centers,’ to provide services to refugees from Iraq – planned in or near the satellite cities to which they are currently directed. These centers would be co-financed with the European Commission (EC). The EC would pay 75 percent of the project and the Turkish government would pay the remaining 25 percent. However, the day-to-day oversight and financial obligations would fall to the Turkish government. While the EC indicated that these centers would be used to house Iraqi refugees with a capacity of 750 per center, Turkish officials gave the impression that these centers would be for migrant workers and victims of human trafficking. In addition to the seven Reception Centers, the EC will finance two Removal Centers for those Iraqis eligible to be processed for resettlement. The Helsinki Commission will monitor the development of these centers, their location, populations to be accepted, operation and services offered in view of concerns that they may become isolated “camps” where Iraqi refugees and other vulnerable populations are warehoused until they receive final status determinations or resettlement. Sulukule Helsinki Commission staff visited Sulukule in Istanbul, which has been home to a Roma community since 1054 and is one of the oldest Romani settlements in Europe. Sulukule is on the brink of total demolition, due in part to an urban transformation project developed by the Fatih and Greater Istanbul municipalities as part of Istanbul’s participation in the 2010 European Capital of Culture event. The outcome of this urban renewal plan will destroy an historical neighborhood and force 3,500 residents of Sulukule 25 miles (40 kilometers) outside of the city to the district of Tasoluk or, worse, onto the streets of Istanbul. The Roma community in Sulukule is living on the fringes of society and continues to be treated unfairly. Instead of implementing an urban renewal project that would preserve this centuries-old neighborhood and allow the Roma there to remain together as a community, they will be dispersed and forced to migrate elsewhere. The Romani residents of Sulukule have essentially been unable to work since 1992 when the municipality closed down the music and entertainment venues that had been the lifeblood of the community and a major tourist attraction. With this source of income gone, the Roma of Sulukule have found it increasingly difficult to earn a living. The residents of Sulukule have been offered the opportunity to purchase the new homes that will be built as part of the project. However, the homes are quite expensive and, given the Romani community’s lack of employment and income, this is an empty gesture. The offer of housing in Tasoluk is also well beyond the means of the current residents of Sulukule, making it all the more likely that the majority of them will be forced to live on the streets. On April 4, members of the Helsinki Commission sent a letter to Turkish Prime Minister Tayip Erdogan, expressing concern about the Sulukule transformation project. The Commissioners urged the Prime Minister to find a solution that would ensure that the residents of Sulukule are treated with dignity and respect, that their culture and contribution to the history of Istanbul are preserved, and that they are given the opportunity to work, provide shelter and education for their families and contribute fully to Turkish society. The letter was authored by Co-Chairmen of the Helsinki Commission Congressman Alcee L. Hastings and Senator Benjamin L. Cardin, along with Commissioners Congressmen Joseph R. Pitts and G.K. Butterfield.

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

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

  • The Museum of the History of Polish Jews

    Witnesses in this hearing spoke about their vision for the Museum of the History of Polish Jews, its mission, and what it means for Poland – a country that was once home to one of the largest Jewish communities in the world. The witnesses also highlighted the major significance the museum has for Poland and its post-war identity.

  • Helsinki Commission Delegation Visits Prague and Bratislava

    By Erika B. Schlager, Counsel for International Law Prior to participating in the Winter Meeting of the OSCE Parliamentary Assembly in Vienna, Austria, Senator Benjamin Cardin (D-MD), the Co-Chairman of the U.S. Helsinki Commission, led a Congressional delegation to Prague, the Czech Republic, from February 18-20. In Prague, he was joined by Chairman Alcee Hastings (D-FL), Commissioner Louise McIntosh Slaughter (D-NY) and Congressman Michael McNulty (D-NY). Chairman Hastings also traveled to Bratislava, Slovakia, for additional meetings on February 21, where he was joined by Commissioner Hilda L. Solis (D-CA). In the Czech Republic, the delegation met with representatives of the Jewish community and toured the historic Jewish quarter in Prague, which dates back to the Middle Ages. The delegation discussed recent anti-Semitic manifestations, most notably a large demonstration organized last November on the anniversary of Kristallnacht, and other planned demonstrations by extremists. Although Czech civil society has strongly countered these demonstrations, local officials have struggled to find the appropriate balance between respect for freedom of speech and freedom of assembly and their desire to combat anti-Semitism and manifestations of other forms of intolerance. The delegation also held a round-table discussion with leading civil society and Romani activists. Their discussions touched on past instances of sterilizing Romani women without informed consent, and discrimination against Roma in education, housing and employment. It was noted that victims of wrongful sterilization practices have been advised by government officials to seek redress from the courts, even though most cases will be barred by statutes of limitations. The delegation held official meetings with the President of Senate, Premysl Sobotka, and other members of the Czech Senate; Deputy Foreign Minister Jan Kohout; representatives of the Government Council for Human Rights; and Otakar Motejl, the Public Defender of Rights (also known as the Ombudsman). In these meetings, delegation members expressed concern about the unresolved property claims of Americans who were excluded by the legal framework for property restitution previously adopted by the Czech Republic. They urged Czech officials to protect freedom of speech and assembly, while demonstrating sensitivity for dates or sites of particular importance to the Jewish community. With respect to the situation of the Romani minority, the delegation expressed concern for the victims of past sterilization without informed consent. They urged the Czech Government to take concrete steps to improve the situation of Roma, including through the adoption of comprehensive anti-discrimination legislation. Discussions with Czech officials also touched on bilateral or regional issues, including Kosovo’s declaration of independence and managing relations with Russia. While in Prague, the delegation also met with President of Radio Free Europe/Radio Liberty Jeffrey Gedman, toured the broadcasting facility, and held a press conference at the RFE/RL headquarters. In Slovakia, Chairman Hastings and Commissioner Solis met with leading political analysts to hear a broad discussion of political developments and trends, including concerns regarding proposed legislation on non-governmental organizations and on the media. During a round-table discussion with Romani activists, participants discussed the need to translate the government’s program into concrete action, and the particular challenge of translating national policies into change at the local level. The delegation also met with Foreign Minister Jan Kubis, Deputy Prime Minister Dusan Caplovic (who has responsibility for, i.a., human rights issues), and a group of parliamentarians, including representatives of opposition parties. In their meeting with Minister Caplovic, Chairman Hastings urged the Slovak Government to acknowledge the past sterilization without informed consent of Romani women. In other meetings, the delegation also expressed concern about the adoption by the parliament of resolution honoring Andreij Hlinka, who died in 1938 but whose nationalist leadership set the stage for Slovakia’s WWII alliance with Nazi Germany and the deportation of its Jewish citizens.

  • NATO Enlargement and the Bucharest Summit

    This hearing was chaired by Commissioner Alcee L. Hastings and attended by commissioners Ben Cardin and Mike McIntyre. Witnesses included Dr. Michael Haltzel, senior fellow at the Center for Transatlantic Relations at the Paul H. Nitze School of Advanced International Studies of Johns Hopkins University; Janusz Bugajski, director of the New European Democracies Project and senior fellow of the Center for Strategic and International Studies (CSIS) Europe Program; and Steven Pifer, former U.S. Ambassador to Ukraine and Senior Advisor at CSIS’s Russia and Eurasia Program Center. The hearing focused on the possible inclusion of Albania, Croatia, and Macedonia in the upcoming NATO Summit in Bucharest, Romania. It also discussed extending Membership Action Plans to Ukraine and Georgia. More broadly, the hearing focused on the degree to which these states had transformed their policies and institutions in order to join NATO.

  • Commission Staff Participates in Conference on Roma; Greece Slated to Serve as OSCE Chair in 2009

    By Erika B. Schlager Counsel for International Law U.S. Embassy in Athens Organizes Conference on Romani Issues On February 29, Helsinki Commission staff participated in a conference on Romani issues organized by the U.S. Embassy in Athens, Greece, primarily for human rights officers from U.S. Embassies in Europe. The conference was designed to improve understanding of Romani minority concerns, and to allow human rights officers to share information and ideas related to their congressionally mandated human rights reporting obligations. The conference underscored the strong interest of the United States in the situation of Romani minority communities throughout the OSCE region and provided a useful opportunity for human rights officers to improve their knowledge of this minority group’s history and experiences. Roma now constitute the largest ethnic minority in the European Union. The conference was opened by the United States Ambassador to Greece, Daniel Speckhard. Andrzej Mirga, the senior advisor for Romani issues with the OSCE Office for Democratic Institutions and Human Rights (Warsaw) and Helsinki Commission staff served as speakers during the morning session. Panayote Dimitras of the Greek Helsinki Monitor spoke during a working lunch. In the afternoon, Embassy officials from various posts led “best practices” discussion groups – although it proved more difficult to identify such practices than one might have hoped. Commission Staff Visit Romani Shanty Towns On the margins of the conference, Commission staff held meetings on Romani issues with representatives of the Greek Ministry of Foreign Affairs’ Division for International Human Rights, Refugees, and Immigration; the Ombudsman for Human Rights; the Ministry of Interior; and the Ministry of Education. In addition, staff visited several Romani shanty towns in the Athens region, including the infamous Aspropyrgos camp. Greece does not recognize any groups as “minorities” other than those few formally recognized under the 1923 Treaty of Lausanne (primarily the Muslims of Western Thrace). Accordingly, Roma are not considered an ethnic minority but a “socially vulnerable group.” It is estimated that there are roughly 150,000-300,000 Roma in Greece, out of a population of 11-million-plus. This population largely consists of indigenous Greek Roma, but also includes some Roma who have migrated from Albania in recent years. Greece does not count people according to ethnic affiliation or identity on its national census. Roma in Greece face problems similar to those faced by Roma in other countries. In recent years, Romani plaintiffs have successfully brought cases against Greece before the European Court of Human Rights, including for ill-treatment or excessive use of force by the police. Non-governmental organizations have also been particularly concerned by the deplorable conditions in some Romani shanty towns and the lack of equal access to education and the ability of Roma to obtain documents. The Council of Europe’s Commissioner for Human Rights, Thomas Hammarberg, has also expressed concern about forced evictions of Roma. Helsinki Commission Co-Chairman Benjamin L. Cardin and Commissioner Louise McIntosh Slaughter participated in a Helsinki Commission delegation to Greece in early 1998, and met with (among others) Romani representatives. Greece Slated to Serve as OSCE Chair Greece is slated to serve as Chair of the OSCE in 2009; Kazakhstan has been selected to serve in that position in 2010. Finland serves as the current OSCE Chair-in-Office. At his inaugural address to the OSCE Permanent Council in January, Finnish Foreign Minister Ilkka Kanerva stated, “More can be done also to fight discrimination against Roma and Sinti. I count on all participating States to renew their commitment to implementing the recommendations in the OSCE Action Plan of 2003.” Finland plans to schedule one of this year’s three Supplementary Human Dimension Meetings on Romani human rights issues.

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

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

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

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

  • Finland’s Leadership in the OSCE

    The hearing focused on Finland’s plans and priorities as well as challenges confronting the OSCE in 2008 and beyond. Additionally, the hearing addressed election observation activities by the OSCE; prospects for OSCE continued engagement in Kosovo; ongoing initiatives to combat anti-Semitism and other forms of intolerance; and the CFE Treaty.

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

    This hearing, which Commissioner Alcee L. Hastings presided over, was the second in a set of hearings that focused on combating anti-Semitism in the OSCE region. Hastings lauded the efforts regarding this approach to anti-Semitism by bringing up how impressive it was for these states to look at issues of tolerance, while a few years before the hearing took place, not all participating states thought that there was a problem. Since the Commission’s efforts regarding anti-Semitism began in 2002 with the OSCE Parliamentary Assembly, a lot of progress had been achieved, but attendees did discuss work that still needed to be accomplished. For example, as per Commission findings, even Belarusian President Aleksandr Lukashenka had made anti-Semitic comments, underscoring the inadequate efforts the Belarusian government had made to hold those guilty of anti-Semitic vandalism accountable. The Russian Federation had operated under similar circumstances, but the situation for Jewish individuals was better in Turkey. However, attendees did discuss “skinhead gangs” and similar groups elsewhere in the OSCE.   http://www.csce.gov/video/archive2-08.ram

  • Georgia’s Extraordinary Presidential Elections, a Competitive First

    By Ronald J. McNamara International Policy Director Georgians rang in 2008 amid a rough and tumble political campaign filled with intrigue and capped off by extraordinary presidential elections on January 5. Large street demonstrations had broken out in the capital, Tbilisi, in early November, with protesters demanding early parliamentary elections, a restructuring of the political system and the resignation of President Mikheil Saakashvili, who came to power after leading Georgia’s 2003 Rose Revolution. After several days of peaceful rallies, the authorities moved against the protesters, violently dispersing the crowds and moving against selected media outlets. Saakashvili imposed a state of emergency on November 7, but in the face of mounting international criticism, called the following day for early presidential elections, cutting short his tenure by nearly a year and a half. In accordance with Georgian law, he relinquished the presidency later that month in order to run for a second five-year term. Parliament endorsed the holding of pre-term presidential elections and Speaker Nino Burjanadze became Acting President. Besides the presidential contest, two non-binding questions were also put to voters: moving up parliamentary elections originally scheduled for late 2008 (a demand of opposition demonstrators in November) and the desirability of eventual NATO membership for Georgia. Of the 13 candidates who submitted signature lists to the Central Election Commission, seven candidates were ultimately registered and appeared on the ballot: Levan Gachechiladze (United Public Movement); David Gamkrelidze (New Rights Party); Giorgi Maisashvili (Party of the Future); Shalva Natelashvili (Georgian Labor Party); independent candidate Arkadi (Badri) Patarkatsishvili; incumbent Mikheil Saakashvili (United National Movement); and Irina Sarishvili (Hope Party). Helsinki Commission Chairman, Congressman Alcee L. Hastings from Florida was jointly appointed by Foreign Ministers Miguel Ángel Moratinos (Spain) and Ilkka Kanerva (Finland) to head the OSCE International Election Observation Mission (IEOM), comprising the OSCE Parliamentary Assembly, the Office of Democratic Institutions and Human Rights, the Parliamentary Assembly of the Council of Europe and the European Parliament. Hastings, OSCE PA President Emeritus, had previously led similar missions to Azerbaijan, Belarus and Ukraine. Congressman Lloyd Doggett from Texas served as an international observer under the OSCE PA. Congressional and Commission staff were also deployed as part of the mission, which included 495 short-term observers. The CEC accredited over 100 domestic and foreign media outlets. Several dozen domestic non-party NGOs, in addition to party observers, were also registered to observe the elections. So were 50 international NGOs, including the U.S.-based International Republican Institute and National Democratic Institute. An extensive series of briefings for international observers included presentations by officials administering the elections, political analysts, representatives of non-governmental organizations, and the media, as well as the candidates. Opposition candidates generally complained about an uneven playing field. They claimed abuse of state resources by the incumbent and bias on the part of the CEC, as well as decrying the high costs for placement of televised political commercials, inaccuracies in the consolidated voter list, and acts of intimidation. Several candidates made clear that, under such circumstances, they would not accept the results of the elections. Most voiced a lack of confidence in the system, pointing to the lack of an independent judiciary. One candidate labeled Saakashvili the “Robert Mugabe” of Georgia, after the dictatorial leader of Zimbabwe, for his authoritarianism. Another equated the situation in Georgia with the volatility of Pakistan. Saakashvili, for his part, used the appearance to outline the benefits of his reform agenda, report on his extensive campaigning throughout the country and justify the use of force surrounding the November events. He also bemoaned “the Shakespearean drama” of the campaign, in referring to a reported coup plot allegedly masterminded by candidate Arkadi (Badri) Patarkatsishvili, reportedly Georgia’s wealthiest tycoon, and his close associates. Saakashvili confidently suggested that he could win in the first round, concluding, “it will be unfortunate for the country if I don’t win.” Political upheaval is nothing new in this mountainous Caucasus nation with a population of 4.6 million and an area slightly smaller than South Carolina. Since gaining independence in 1991, Saakashvili’s two predecessors, Zviad Gamsakhurdia and Eduard Shevardnadze were each forced from office, the former in a bloody coup and the latter following flawed elections that spawned the Rose Revolution. Saakashvili garnered a stunning 96.3% of the vote in the January 2004 presidential elections, with a voter turn out nearing 90%. Walking down Tbilisi’s Rustaveli Avenue and Freedom Square, brilliantly lighted for the Christmas season, one was struck by the images of Saakashvili plastered on city buses and huge posters, as well as passersby sporting scarves and matching knitted hats with his party’s signature number “5.” At the same time, there was a certain unease lingering in the air of the capital, perhaps left over from the violent November crackdown, or anxiety over threats of a coup or prospects for renewed mass demonstrations following the elections. While public opinion was fairly evenly split on the imposition of the state of emergency, most people were strongly opposed to the use of riot police and tear gas, as well as the forced closure of the popular Imedi TV channel. Adding to the uncertainty, Patarkatsishvili had reportedly decided to withdraw from the elections within days of the elections only to reverse himself two days before the actual balloting. There were also rumors of possible violence at polling stations on election day. On election day Chairman Hastings and his colleagues observed no significant infractions of the electoral code in the nearly three dozen polling stations they visited. Election precincts visited by their teams were spread out across Tbilisi, as well as in the more rural Gori and Mtskheta Election Districts. We also had an opportunity to observe mobile voting, during which election officials bring a clear plastic voting box and ballot to the home of a voter unable to physically make it to the polling station. Precinct election commissions, composed of representatives from various parties, seemed to work cooperatively, with large numbers of domestic non-partisan and party observers present from opening through the sometimes arduous counting process. Voter list errors were commonplace; some names were missing while those of the deceased sometimes appeared. Procedures allowed for the casting of provisional ballots by those whose names were not listed. In at least two of the polling stations visited, officials and observers alike were on edge amid rumors of possible disruption by outside gangs, though none materialized. The sometimes painstaking vote count often stretched into the wee hours of the morning. Speaking on behalf of the International Election Observation Mission before a crowded press conference the day after the election, Chairman Hastings praised the competitive nature of the presidential contest, a first in Georgian history. He remarked, “I perceive this election as a viable expression of the free choice of the Georgian people,” while acknowledging, “the future holds immense challenges.” The IEOM concluded that the January 5th election “was in essence consistent with most international standards for democratic elections.” The January 6th statement [Click here to view the statement] of preliminary findings and conclusions outlines a series of shortcomings, urging prompt corrective steps by the authorities. Chairman Hastings traveled from Tbilisi to Helsinki to brief Finnish Foreign Minister and OSCE Chairman-in-Office Ilkka Kanerva on the first elections of Finland’s 2008 chairmanship.  [Click here to view the press release]  The IEOM is expected to issue a final report on the Georgian elections in early February. A short distance from the hotel press conference, a crowd of opposition supporters gathered to protest the preliminary results being announced by the CEC suggesting a first-round victory for Saakashvili, narrowly avoiding a run-off. Peaceful protests took place in the days following as several candidates and their supporters remained true to their pledges not to accept the results of the January 5th vote. In a televised address to the nation, Saakashvili remarked, “No one can ignore the opinion of people who did not vote for us,” concluding, “We have to find a consensus.” Still, finding such a consensus will likely prove a daunting task in a country where confrontation has more often than not trumped compromise, sometimes ending in violence. So far, there has been no recurrence of the confrontations of November but opposition parties have largely refused to recognize Saakashvili’s victory. Saakashvili was sworn into office for a second term on January 20, 2008. Some members of the opposition have been engaged in discussions with former Acting President Burjanadze about, for example, means of ensuring pluralism of views in Georgia’s media. But all sides are now focused on the critical parliamentary elections this spring; should opposition parties do well in the balloting, relations between the executive and legislative branches could change substantially in Georgia. Of the nearly 2 million ballots cast (56.9% of the electorate), the CEC announced Saakashvili the winner with 53.47% of the vote and his closest competitor Gachechiladze, at 25.69%. None of the remaining candidates exceeded single digits, according to the official tally. The plebiscites on spring parliamentary elections and NATO membership were overwhelmingly approved, with 69.8% and 72.5% respectively.

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

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

  • The Madrid Ministerial Council

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

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