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Helsinki Commission Reviews OSCE Dutch Leadership
Looks Toward December Ministerial
Wednesday, November 26, 2003

By Marlene Kaufmann
CSCE Counsel

The United States Helsinki Commission held a hearing featuring the testimony of His Excellency Jaap de Hoop Scheffer, Foreign Minister of The Netherlands and Chairman-in-Office of the Organization for Security and Cooperation in Europe for 2003. The Foreign Minister testified on September 3, 2003 about the OSCE's efforts to promote security, stability and human rights in Europe and Eurasia.

"In the last few years, we have come face to face with unprecedented challenges and threats to our security," said Minister de Hoop Scheffer. "The fight against terrorism is, and it should be, a top priority on our agenda." He noted that developing a comprehensive strategy to address new threats to security and stability will be the objective of OSCE Foreign Ministers in their upcoming meeting in Maastricht, The Netherlands, in early December. "We need to go beyond the repertoire of military action and policing as responses to security problems, and the OSCE can provide an impetus to this effort," he said. "No sustainable conflict resolution, let alone peace, can be achieved without due regard for human rights and democratization, for economic and environmental development, and without due regard for the rule of law."

Other more surreptitious threats to security include organized crime, trafficking in human beings and illegal immigration, according to the Foreign Minister. Under de Hoop Scheffer's leadership, the Dutch Chairmanship has made combating human trafficking a priority and has secured the adoption of an OSCE action plan to combat trafficking in human beings to assist countries in confronting this modern day slavery whether they are countries of origin, transfer or countries of destination.

The Minister explained that in support of this plan he intends to send missions of experts to assist countries in the fight against trafficking. The missions will draw on the expertise of OSCE institutions and will both monitor and take action against human trafficking. "Against this background, I feel sure that the Organization will be able to make an active, solid contribution to the fight," Mr. de Hoop Scheffer said.

United States Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) welcomed the new OSCE effort. "I think it is a very realistic action plan . . . and it really adds to the common effort that we all need to take with regard to this modern-day slavery," said Smith, who has led the fight in Congress against human trafficking.

Chairman Smith asked Minister de Hoop Scheffer to expand the anti-trafficking action plan to include the military in all OSCE countries, as well as policing and peacekeeping deployments throughout the region.

Chairman Smith described his own efforts to make the U.S. military aware of this problem, including a request to the Army's Inspector General to investigate allegations of human trafficking at establishments frequented by U.S. military personnel in South Korea. An Ohio-based investigative news team revealed that women trafficked from Russia and the Philippines were being forced into prostitution in local clubs and bars surrounding U.S. bases and exposed the fact that uniformed U.S. military personnel understood the circumstances and yet did nothing to prevent or report the crime.

According to Chairman Smith, the Inspector General took quick and decisive action to investigate the alleged activities and made specific recommendations to correct the matter. "The U.S. military has put more than 660 establishments, now seen for what they are, off limits to U.S. military as a direct result of this investigation," Mr. Smith said.

Minister de Hoop Scheffer agreed that military and peacekeeping operations should be reviewed in strategies to combat human trafficking and said that the work being done by the U.S. military could serve as an example. The Minister also noted that NATO is undertaking a review of what its role should be in this regard. De Hoop Scheffer will take over as Secretary General of NATO in January, 2004.

The Chairman-in-Office reviewed the work of the OSCE in combating anti-Semitism, racism and discrimination by highlighting the June conference held in Vienna regarding the rising tide of anti-Semitism in the OSCE region and strategies to combat it, as well as the September conference focused on efforts to combat racism, xenophobia and discrimination. Both Chairman Smith and Commission Member Rep. Alcee L. Hastings (D-FL), who participated in the June conference, urged de Hoop Scheffer to support another OSCE conference on anti-Semitism, which Germany has offered to host in Berlin in 2004. The Minister confirmed his support for such a conference saying, "having visited the Holocaust Memorial Museum this morning, having seen that, you need not have any other argument to go on fighting anti-Semitism."

Commissioner Hastings queried Foreign Minister de Hoop Scheffer about his views on extending the term of the Chairman-in-Office from the current one year to two or three years, in view of the tremendous challenges facing the OSCE Chairmanship and the amount of work to be done. Mr. Hastings complimented the Minister, in particular, for the work he has done with Central Asian states.

Calling his work as Chairman-in-Office "very challenging and a tremendously interesting responsibility," de Hoop Scheffer said he felt maintaining the one year term for the OSCE Chairmanship is the best way to proceed. He pointed to the work of the Troika, which is composed of the immediate past, current and upcoming Chairman-in-Office, who meet on a regular basis to discuss OSCE matters. The Minister has sought to strengthen this working group during his tenure and indicated that he felt this mechanism, along with the appointment of Special Representatives to focus on particular issues, serves to bring continuity to the leadership of the OSCE.

Commissioner Hastings, who serves as a Vice President in the OSCE Parliamentary Assembly (OSCE PA) also asked the Chairman-in-Office about what can be done to strengthen the working relationship between the OSCE and the OSCE PA. Mr. Hastings voiced hope that the Parliamentary Assembly would participate fully in the Maastricht Ministerial Meeting and that the OSCE and Assembly would continue to foster a working partnership.

Viewing this issue from the perspective of his sixteen years of service in the Dutch Parliament, the Chairman-in-Office said he believes that the OSCE leadership has made substantial progress in its relationship with the Parliamentary Assembly. He welcomed the opening of the Parliamentary Assembly's Liaison Office in Vienna, headed by Ambassador Andreas Nothelle, as well as the active participation of Parliamentary Assembly President Bruce George in meetings of the Troika. The Foreign Minister said that he would continue to work to improve interaction between the OSCE and the Assembly.

Minister de Hoop Scheffer further highlighted the actions of the OSCE by discussing regions in which the Organization has been particularly active--including Central Asia, Belarus, Moldova, Chechnya, and Georgia.

Helsinki Commission Member Rep. Joseph R. Pitts (R-PA) voiced concern about the authoritarian rule in much of Central Asia and the Caucasus and its potential to move toward a family dynasty, as seems to be happening in Azerbaijan.

The Chairman-in-Office expressed his view that Central Asian governments need particular attention from the OSCE, given that social changes brought about since the end of the Cold War have begun to stall. The Minister, who recently visited the five Central Asian countries, emphasized the importance of direct involvement with participating States in order to monitor and pressure for change. "The OSCE missions are the eyes and the ears of the organization," he said.

Mr. de Hoop Scheffer, who also spoke with members of nongovernmental organizations in Turkmenistan, stressed the need to maintain communications between all OSCE states, because the alternative would be to expel them. "Would that improve the fate of the people in jails in Uzbekistan or Turkmenistan?" he asked rhetorically. "I don't think so, but it's the perpetual moral dilemma we have."

Mr. Pitts and Minister de Hoop Scheffer also expressed concerns about the refusal of Belarus to fully participate in OSCE meetings and negotiations. The Chairman-in-Office mentioned that of particular concern are attempts by the Government of Belarus to restrict the media's independence. He said he would follow the situation critically and would take whatever necessary action was called for.

In Moldova, the OSCE plans to step up its efforts to resolve the Moldova-Transdniestria conflict. The OSCE is focusing on a political settlement and preparations for post-settlement. The two parties understand that a peacekeeping operation may be in place during the transition activities, and the OSCE is discussing the possibility.

Mr. de Hoop Scheffer called for Russia to reclaim its weapons and ammunition from Moldova before the end of the year. He also urged the United States and the European Union to assist conflict resolution efforts in Moldova.

The OSCE is still pushing for cooperation between Chechnya and the Russian Federation, despite difficulties in negotiations. The OSCE has developed a program aimed at benefitting the Chechen population and improving areas such as the judiciary and public order, economic and social developments, re-integration of displaced people, and media development.

De Hoop Scheffer said violence and political obstacles have made negotiations in the area difficult. But he remained positive about a program to affect change. "I believe that the Russian Federation and the OSCE have a common interest in defining such a program," he said, adding the human suffering and material costs of this conflict are immense.

The Maastricht Ministerial Meeting will set the agenda for the OSCE's future work and will address modern threats to security and stability, the Chairman-in-Office said. The meeting will take up human trafficking, economic and environmental issues, and review of field missions and peacekeeping. The conference will also be open to nongovernmental organizations, which de Hoop Scheffer said have been crucial to helping bring about change.

The Chairman-in-Office concluded his testimony by stressing the importance of multilateral efforts and of the continued support of the United States. "That is one of the reasons why, with full candor, I have shared my impressions, convictions, and intentions for the coming period with you," he said. "In short, it takes a joint effort by the entire OSCE community to make this organization work."

The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine senators, nine representatives, and one official each from the Departments of State, Defense, and Commerce.

 


United States Helsinki Commission Intern Lauren Smith contributed to this article.
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    This hearing, which Rep. Christopher H. Smith (NJ – 04) presided over, focused on how to rectify transgressions against individuals by former totalitarian regimes, which Smith called one of the most challenging issues confronting post-Communist societies in the OSCE region. This specifically related to the wrongful confiscation of property. Even though some Communist regimes were required by the 1947 Paris Peace Treaty to make restitution of Jewish property, these governments duly ignored such directives. In fact, Communist regimes were infamous for their complete disregard for private property, nationalizing factories, etc. Likewise, more recently, efforts to return property to former owners had been uneven and oftentimes unsuccessful, stymied by complex moral and legal obligations.

  • The Albanian Parliamentary Elections

    The May 1996 parliamentary elections in Albania were the third such elections in that country, which beforehand had by far the most repressive communist regime. It has also been the poorest country in Europe. In March 1991, only four months after political pluralism was tolerated in the country, the commu- nists (Socialist Party) won a majority and maintained control, relying on a less than adequately free and fair electoral process and lingering support in the countryside. In March 1992, the opposition Democratic Party led by Sali Berisha was better able to get the message out to a still traumatized population, and took power as the Socialists conceded. Since that time, there have been incredible economic and political reforms, although since 1994 shortcomings in democratic development seem less the result of the lack of understanding of concepts like the rule of law than more the overbearing nature of the Democratic Party's core leadership, especially after splits within the party led to the departure of some of its earlier leaders. The Democrats received a significant setback in November 1994 when popular resentment led to the defeat in a referendum of a new constitution for the country. The situation is exacerbated by an only partly reformed Socialist opposition, which has been inclined more to obstruct and provocate than anything else. The elections were for 140 seats in the unicameral Assembly, 115 of them contested on the basis of majority races in electoral zones, with second-round runoffs, and 25 on the basis of a proportional division of parties achieving at least 4 percent of the vote. This gave the electorate two votes, one for a specific candidate and one for a political party. Members of several opposition parties complained that the greater preference given to the majority system favored the ruling party, or larger parties which would only include the Socialists. Democratic Party leaders argued that this is not necessarily the case, and that the majority system permits direct contact between a candidate and a constituency, thus strengthening democratic development. From the viewpoint of the election observer, either system or combination thereof is legiti- mate as long as it was approved through democratic means. A recently adopted law -- called the Genocide Law -- and a commission established to implement it had an impact on the eligibility for candidacy. The law prohibited those who "collaborated" with the com- munist regime from holding office until 2002. Given the severity of the repression during the communist era, it is not surprising that such a prohibition would be popular, but the commission which made the decisions was under government control and did not act in a transparent matter. Indeed, some opposition members called it unconstitutional because it was acting as a court when it was not. A total of 139 people were declared ineligible to compete in the elections, 57 of whom appealed decisions, seven successfully. Only three of the 139 people prohibited came from the ruling party, although it was claimed that the Democratic Party had told people who would probably also have been prohibited not to run as a candidate in the first place. The campaign period began in April, allowing a reasonable amount of time for political parties to get their message across. In fact, as these elections were required by the expiration of the mandate of the previously elected Assembly, the political parties were generally preparing for the elections months before- hand. The print media in Albania is almost all completely biased in favor of one party or another, allowing all points of view to be expressed but with little objective analysis available. The broadcast media is state controlled and had a definite but not overwhelming bias in its coverage of the campaign. However, the election law stipulated time frames for each political party in the campaign to present itself to the voters on television, and this was advantageous to the party in power. Many of the political parties campaigned by holding mass rallies. Opposition parties complained that the police in some towns prevented party leaders from traveling to attend rallies, and the Socialists were denied the ability to hold a final rally on the central (Skenderbeg) square of the capital city, Tirana, because it would disrupt traffic. A Democratic Party rally, on the other hand, was permitted because it was technically scheduled as an official address by Sali Berisha as the Albanian President.

  • Rebuilding Bosnia-Herzegovina: Strategies and the U.S. Role

    The Helsinki Commission addressed the status of the ongoing rehabilitation efforts in Bosnia-Herzegovina following the conclusion of the war that took place between 1992 and 1995. Amidst lasting tensions, the Commission emphasized the need for reconciliation and for civilians to actively participate in this process. The primary witness, J. Brian Atwood, administrator of the Agency for International Development, emphasized several goals for moving forward in Bosnia-Herzegovina such as addressing the issue of displaced persons by repairing housing infrastructure, encouraging economic activity through international cooperation with the central bank, and initiating elections under free and fair conditions. 

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