Title

Title

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.
  • Related content
  • Related content
Filter Topics Open Close
  • Human Rights Policy Under the New Administration

    The purpose of this hearing was to examine the euphoria of the post-Cold War age in regards to the lack of confidence and political drive on how to promote commitments made in the Charter of Paris agreement. The hearing reviewed the actions made in the Balkans and Serbia’s continual territorial aggression and also developed democratic countries selectively applying human right policies. The Commissioners stressed the need for continual assistance to democratically developing countries, but to those countries that disrespect universal human rights should have additional pressures applied to change this behavior. The distinguished witnesses and Commissioners discussed ways in which the U.S. can help play a role in strengthening the United Nation’s ability to promote and protect human rights, as well as how the U.S. could use greater use of regional bodies similar the CSCE in conflict resolution.

  • The CSCE's High Commissioner for National Minorities

    The CSCE created the post of High Commissioner on National Minorities at its July 1992 summit meeting in Helsinki, in response to the emergence of minority-related unrest as one of the main sources of conflict in Europe. Originally proposed by the Netherlands, the proposal received wide support as an innovative approach to national minority problems unleashed by the disappearance of superpower confrontation in Europe. Some of the most innovative aspects of the original proposal for a High Commissioner were substantially watered down in response to individual state's concerns. The High Commissioner may not become involved where armed conflict has already broken out or in areas already under consideration by the CSO, unless the permission of the CSO is given. Communication with or response to communications from organizations or individuals who practice or publicly condone terrorism is prohibited, as is involvement in situations "involving organized acts of terrorism." Former Dutch Foreign Minister Max van der Stoel was appointed the first High Commissioner in December 1992; his office began to function in January 1993, with premises donated by the Dutch government and a staff of three diplomats seconded from the Dutch, Polish and Swedish foreign ministries.

  • Situations of Kurds in Iran, Iraq, and Turkey

    This briefing focused on the Kurdish minority, the fourth largest nationality in the Middle East primarily concentrated in the States of Iran, Iraq, and Turkey, a CSCE signatory state. The lack of institutional protection of human rights and individual freedoms that the Kurdish minority suffers from in each of these states was addressed. Additionally, the principles of territorial integrity, self-determination, and respect of human rights were explored in the context of the Middle East. Witnesses at the briefing – including Ahmet Turk, Chairman of the People’s Labor Party and Barham Salih, a Representative of the Iraqi Kurds – offered descriptions of the historical context and the political framework in which the issue of violations of the human rights of the Kurdish minority has arisen. Mr. Salih presented his personal experience as the evidence of the process of forced assimilation that Kurds were enduring in Turkey at the time.

  • Situation of Kurds in Iran, Iraq, and Turkey

    The briefing, introduced by Mary Sue Hafner, was another chapter in the Commission’s ongoing examination of minority issues within the CSCE and focused on the issue of the Kurdish minority, who constitute the fourth largest nationality in the Middle East, of approximately 20 to 25 million, primarily concentrated in the states of Iran, Iraq, Turkey, and, to a lesser extent, in Syria. What is common to the Kurdish minority in all of the countries in which they live is the lack of institutional protection of human rights and individual freedoms. The witnesses - Dr. Mark Epstein, Ahmet Turk from the People’s Labor Party, and Barham Salih, the Iraqi Kurdish Representative - spoke of the need for recognition of human rights and self-determination for Kurdish people in the region. They provided the audience with a historical context and political framework in which the situation existed in 1993 and discussed the possibility for progress in recognizing Kurdish rights.

  • U.S. Helsinki Commission Delegation to Romania, Macedonia, Kosovo, and Vienna

    The Commissions Delegation's visit to Romania, the first since April 1990, had two main objectives. The first was to assess, though meetings with a broad spectrum of non-governmental and official actors, Romania's current level of democratic and market reform. The second was in recognition of Romania's critical role in the effort to enforce U.N. sanctions against Serbia and Macedonia, and the broader political strategic role of Romania in the Balkans. The delegation also traveled to Macedonia to complete the itinerary of a visit to the area in November 1992, which had to be cut short because of inclement weather conditions. Indeed, the signs of the oncoming winter which the Commission saw at that time led it to raise concern over the deteriorating condition which Macedonia and the tens of thousands of Bosnian refugees residing there faced. The April 1993 visit afforded a useful opportunity to see firsthand the extent to which the country had satisfactorily coped with these deteriorating conditions and the prospects generally for the stability and democratization of an independent Macedonia. The delegation then visited Kosovo to observe firsthand the volatile situation there. The situation is a matter of considerable international concern given the chances for the war in nearby Bosnia-Herzegovina to have a spillover effect in which the tension exist between the Serbian authorities and th majority Albanian population could erupt into violence, either by intent or by spontaneous incident. The delegation wanted to hear the views of the authorities as well as of the leaders of the Albanian community, and to raise its concerns, particularly to the authorities regarding human rights. Finally, the delegation wanted to learn about the activities of the CSCE mission of Long-Duration based in Kosovo to monitor developments in the area and to ease tension in society. The delegation finished its trip in Vienna, Austria to meet with the U.S. delegation to the CSCE. Vienna is becoming the CSCE's operational center, with the Conflict Prevention Center, which provided logistical support to the missions as well as the ongoing arms control and security forum, the Forum on Security Cooperation (FSC), and regular meeting of the participating States.  

  • The Countries of Central Asia: Problems in the Transition to Independence and the Implications

    This was the first Helsinki Commission hearing held on the Central Asian republics. The Commissioners and witnesses discussed five countries' transitions to independence, which were  complicated by the presence of repressive regimes that maintained the old Soviet-style order and economic turmoil. Chairman DeConcini opened the hearing by noting that the presidents of four out of the five new Central Asian countries were former first secretaries of the Communist Party. Dr. Martha Olcott, professor of political science at Colgate University, expressed concern over the rise of extremist ideologies of nationalism and Islam in the region, which were fuelled by economic stagnation. Firuz Kazemzadeh, professor emeritus as Yale University, argued instead that the dominant threat in the region came from the projection of Russian influence. This was corroborated by Micah Naftalin, director of the Union Council for Soviet Jews, who detailed the KGB's role in silencing the press and repressing opposition in Turkmenistan, and the growth and diffusion of anti-semitism from Russia into Central Asia. A final testimony was offered by Adbumannob Pulatov, chairman of the Uzbekistan Society for Human Rights. Pulatov decried the lack of press freedom in Uzbekistan and urged Congress to continue its monetary support of Radio Liberty. In the end, all four witnesses cautioned that human rights concerns often take a back seat to other issues, and that doing so could jeopardize progress in the field.

  • War Crimes in the Former Yugoslavia

    This hearing focused on the ongoing conflict in the former Yugoslavia and the international community’s commitment to prosecuting those guilty of war crimes and providing humanitarian relief. In particular, the hearing looked into systemic rape and forced impregnation in the former Yugoslavia. The hearing also largely focused on what measures the U.S. should adopt to assist communities and women affected by gender violence from the conflict. In addition, the Commissioners and witnesses discussed measures to prosecute individuals guilty of war crimes and how to address the refugee crisis.

  • The Crisis In Bosnia-Herzegovina

    Sen. Dennis DeConcini presided over this hearing that was held with the state of violence in Bosnia-Herzegovina in mind. The unfortunate former Yugoslavian country had just emerged from a bloody internecine conflict, which resulted in thousands of refugees. The purpose of this hearing was to discuss post-conflict negotiations, and yet, unfortunately, violence started again and escalated after the civil war earlier in the 1990s. The Commissioners, then, asked how the U.S., UN, European Community, and other individual actors, which had been criticized for inaction regarding the crisis, should respond.

  • War Crimes and the Humanitarian Crisis in the Former Yugoslavia

    This hearing focused on the conflicts in the former Yugoslavia and the international community’s commitment to prosecuting those guilty of war crimes. Confidence and security building measures, in relation to the territorial integrity of Bosnia-Herzegovina were discussed, as well as the stability of the multi-ethnic layering of the newly formed countries. The hearing also focused on possible U.S. measures to improve regional stability and to relocate displaced persons. Such measures included disbanding the arms embargo on Bosnia and improving economic conditions for the millions affected by the conflict.

  • Report: Beyond the CSCE's Institutional Development

    Although some early proposals conceived of the Conference on Security and Cooperation in Europe as an international institution with headquarters, secretariat, and treaty, the CSCE emerged from Helsinki in 1975 as an, amorphous process, moving from conference to conference with no fixed address or schedule. For fifteen years, its reView conferences and experts meetings succeeded in focusing, attention on a range of inter-related problems ftom human rights to the environment to threatening military maneuvers, operating, oa the principle that these and other elements, of security could not, be treated separately. However, the end of the bipolar security "system'' that had characterized the Europe in which CSCE was created led many of its participants to look to the CSCE as a , new over-arching "system" within which its members could improve both their security and cooperation. As such, they pleaded for more structure and permanence for its activities, as well as a larger role for it in addressing the challenges of the time. The Paris Summit of November 1990 endowed the CSCE with its first permanent institutions:, the CSCE Secretariat, Conflict Prevention Center, and Office of Free Elections, later expanded to the Office for Democratic Institutions and Human Rights. These three institutions, minimally funded and staffed, were created to give the CSCE process some visible permanence and to assist the regular political consultations set up at the same time. The consultations process envisioned meetings of CSCE heads of state or government every two years; foreign minsters annually, plus possible meetings of other ministers; and senior officials three to four times per year. The CSCE Secretariat was set up in Prague to organize these meetings; the Conflict Prevention Center in Vienna to give institutional support to risk reduction efforts; and the Office of Free Elections in Warsaw to assist the transition to democracy across the continent. In April 1991, parliamentarians from the participating States took up proposals from the summit and formed a CSCE Parliamentary Assembly, to meet once a year to further security and cooperation in Europe, reviewing CSCE implementation and activities.

  • Report: the U.S. Helsinki Commission Delegation to Hungary, Greece, Macedonia and Croatia (Nov. 11-17,1992)

    Budapest, Hungary, was the first stop of the Helsinki Commission delegation led by Commission CoChairman Senator Dennis DeConcini to Hungary, Greece, Macedonia, and Croatia. While in Hungary, the delegation planned to discuss a variety of domestic, bilateral, and regional issues with President Arpad Goncz, Prime Minister Jozsef Antall, and other high-level Hungarian officials. Chief among them were questions regarding the ongoing crisis in the former Yugoslavia; the delegation hoped to gain perspective on the regional ramifications of the crisis, and to learn more about Hungary's needs, concerns, and recommendations. Also critical was discussion of the specter of anti-Semitism and intolerance in Hungary, as manifested by the outspoken Vice President of the ruling Hungarian Democratic Forum Istvan Csurka; the delegation wished to express its strong condemnation of Csurka's divisive and exclusivist version of nationalism. Hungary's relations with the soon-to-be-independent Slovakia were also on the agenda, as well as the ongoing controversy over the Gabcikovo-Nagymoros Dam. The Commission delegation travelled to Macedonia to meet with government leaders and private citizens, including representatives of ethnic communities, with the goal of discussing questions related to Macedonia's recognition by the international community, and to observe the economic, political and social impact of the denial of that recognition to date. The delegation also wanted to examine the possibilities for violence and conflict in Macedonia due to the ongoing conflict in nearby Bosnia-Herzegovina and repression in neighboring Kosovo, and to hear Macedonian insights on this conflict and repression. Related to all the above, and central to the Commission delegation's concerns, was the degree of democratic development in Macedonia, especially in regard to respect for human rights and fundamental freedoms. The delegation travelled to Macedonia via Thessaloniki, Greece. Taking advantage of this transit, a further objective of the delegation was to hear the views of Greek officials on issues related to Macedonia, and the violent disintegration of Yugoslavia in general. Finally, the Commission delegation wished to visit refugees from the conflict in Bosnia-Herzegovina to gain information on the circumstances leading to their presence in Macedonia, as well as to observe the quality of their treatment as refugees in that country. The Commission delegation's main interest in travelling to Croatia was to examine the situation for Bosnian refugees residing there as winter approached and to hear their reports of what was happening in BosniaHerzegovina. More generally, the delegation wanted to obtain a more detailed picture of the situation in the region as a whole as the fighting raged on. This included developments within Croatia itself, such as the situation regarding displaced persons and in the United Nations Protected Areas, as well as Croatia's role in the Bosnian conflict. Finally, the delegation had an interest in seeing the newly created U.S. Mobile Army Surgical Hospital (MASH) unit at Pleso Airport outside Zagreb.    

  • Helsinki Document: The Challenges of Change

    The Heads of State or Government of the States participating in the Conference on Security and Co-operation in Europe returned to the birthplace of the Helsinki process, to give new impetus to our common endeavor through the Helsinki Summit Declaration. 

  • Report: The CSCE Human Dimension Seminar on Tolerance

    The structure of the seminar was designed to maximize contact and dialogue among participants during the brief week in Warsaw. Modeled after a U.S. proposal, three discussion groups were designed to focus on: the role of educational and cultural institutions, as well as the media, in promoting tolerance; the role of local authorities; and legal issues and law enforcement. Two groups ran simultaneously at any given time, enabling even the smallest delegations to rotate reasonably efficiently among the different discussions. Moderators from Switzerland, the United States (Colonel Ronald Joe, Defense Equal Opportunity Management Institute, U.S. Army), and the United Kingdom were selected by the ODIHR to manage the three discussions respectively.

  • Report: Northern Ireland: Codel DeConcini Trip Report

    The Helsinki Commission was urged by several non-governmental organizations (NGOs) to make a contribution to the public debate on Northern Ireland. Human rights reports by well-respected NGOs such as Amnesty International and Helsinki Watch have documented persistent human rights abuses by security and paramilitary forces. Serious questions have been raised about the administration of justice as well. And to this day, issues of social and economic justice dominate the political dialogue between the two communities of Northern Ireland. Prior to its visit, the Commission was warned that, given its complex realities and historic passions, Northern Ireland often defies understanding. Nevertheless, the delegation, which in. addition to Senator DeConcini, included Commission Deputy Staff Directors Jane Fisher and Mary Sue Hafner, as well as, Mary Hawkins of Senator DeConcini's personal staff, came away with a better perception of what drives this conflict. The delegation began its fact-finding trip on the premise that any evaluation of the situation in Northern Ireland must consider not only traditional human rights violations, bu he erosion of a democratic system by terrorist activity. Indeed, the delegation viewed errorist acts by paramilitary forces from both communities as one of the worst recurring auses of human rights violations. At the same time, the delegation agreed the root causes of that terrorism should also be examined. As local religious leaders admonished, "an valuation of Northern Ireland based upon CSCE standards and principles must addres he dangers it confronts.'' This view reflected the competing interests that challening Northern Ireland today: on the one hand, efforts by one of the world's oldest democracies to promote and protect human rights and the rule of law; on the other, the need to combat a vicious terrorist movement that has taken thousands of lives.

  • Report: Russians in Estonia: Problems and Prospects

    In summer 1991, the Helsinki Commission examined the situation of Russians in Estonia, in the form of a chapter of a larger report on national minorities in the CSCE context. The present report is essentially an update, and was occasioned by the most significant event affecting the status of Russians in Estonia since the country regained its independence in_ September 1991. In February 1992, Estonia passed a law that restored citizenship only to citizens of the interwar Estonian Republic and their descendants. Consequently, the great majority of Estonia's Russians, most of whom came to Estonia after its forcible incorporation into the Soviet Union in 1940, did not automatically becom citizens of Estonia and could not vote in the country's first: national election after the restoration of its independent, statehood, held on September 20, 1992. Estonia's citizenship law and the resultant exclusion of about 40 percent of the resident population from voting elicited from Russians, both inside and outside Estonia, charges of discrimination and human rights violations. Russian government officials and parliamentarians protested Estonia's treatment of Russians in international forums, in the media, and in Washington and other Western capitals. Considering their allegations of human rights violations, the Helsinki . Commission sent two staffers to Estonia to talk to Russians and Estonians and Study the situation on the ground before the election and on election day. Their primary mission was not to observe the election per se and this is not an election report; in fact, the Commission believed that the Estonian election authorities were quite capable of organizing free and fair elections. Rather, the Commission hoped to examine the reasons for, and possible consequences of, Estonia's deliberate decision not to giye citizenship and the vote to. some 40 percent of the population. The following is a report of the Commission staffs investigation. Their research and conclusions are based on interviews and discussions conducted in Tallinn, Kohtla-Jarve, Sillamae and Narva. The last three cities are in northeast Estonia and are mostly populated by Russians.

  • Parliamentary and Presidential Elections in an Independent Croatia

    On August 2, 1992, Croatia held elections for the position of President of the Republic as well as for seats in the House of Representatives, one of two chambers in Croatia's "Sabor," or Assembly. These were the second multi-party elections in Croatia since 1990, when alternative political parties first competed for power. They were, however, the first since Croatia proclaimed itself an independent state in 1991, and achieved international recognition as such in 1992, following the violent disintegration of Yugoslavia. Incumbent Franjo Tudjman easily won a first-round victory among a field of eight presidential candidates. His party, the ruling Croatian Democratic Union (HDZ), also won just over half of the parliamentary seats allocated in proportion to votes for the lists of 17 parties, and a very large number of the seats designated for particular electoral districts. This result allows the HDZ to form a new government alone rather than in coalition with other parties. A shift to the far right, which many feared, did not materialize. Despite a number of open questions, the election results likely reflect the legitimate choice of Croatia's voting population. At the same time, the elections demonstrated disappointingly little democratic progress in Croatia since 1990. Detracting most from the elections was the lack of serious effort by the authorities to instill confidence in the electoral system, followed by the perceived political motivation in scheduling them in August. The elections also revealed some shortcomings on the part of the opposition, including a lack of coordinated effort to ensure that they were conducted freely and fairly. Croatia has a western-oriented, well educated and sophisticated society which provide a basis for democratic government. Decades of communist rule and a fierce nationalism linked to Croatia's search for independence have, at the same time, unleashed societal trends contrary to democratic development. The context in which these elections took place was also complicated by the conflict in Croatia that began in earnest in July 1991 as militants among the alienated ethnic-Serb population of Croatia, with the encouragement of the Serbian leadership in Belgrade and the help of the Yugoslav military, demonstrated violently their opposition to the republic's independence. After severe human casualties, population displacement and destruction, the conflict generally ended in January 1992 with a U.N. negotiated ceasefire that included the deployment of U.N. protection forces on much of Croatia's territory A new constitution and growing stability argued for holding new elections. Despite opposition complaints that August was not an appropriate time for elections, President Tudjman scheduled them with the likely calculation that his party stood its best chances in a quick election before growing economic hardship and pressure for genuine democratization replaced the joys of independence and renewed peace. During the campaign period, 29 political parties fielded candidates. They faced no major difficulties in organizing rallies and distributing their literature to the public. At the same time, the Croatian media was only moderately free, with television and radio broadcasts much less so than newspapers and journals. Only toward the end of the campaign did the media seem to open up fully The stated objective in organizing the elections was to be fair and impartial to all contending parties. At the same time, the electoral procedures were not as fully satisfactory as they easily could have been, raising suspicions of an intent to manipulate the results. However, opposition political parties considered the process sufficiently fair for them to compete. They also had the opportunity to have observers present at polling stations and election commissions on election day. According to a constitutional law on the matter, Croatia's national minorities enjoy certain rights regarding their representation in governmental bodies. Ethnic Serbs, the only large minority with some 12 percent of the population, were guaranteed a greater number of seats in the new Sabor than all other minorities combined, but, unlike the smaller minorities, no elections were held in which ethnic Serbs alone could chose their representatives. This was viewed as discriminatory treatment of the Serbian minority, despite apparently small Serbian participation in the elections. Balloting on election day was orderly, despite the enormous complications caused by the conflict and questions of citizenship and voter eligibility in a newly independent country. There were few complaints in regard to the way in which the voting and counting were carried out, although several isolated problems were reported and the security of ballots cast by voters abroad was a constant concern. Despite these faults, holding elections might well have been a watershed for Croatia. Problems in that country's democratic development were given closer scrutiny, and public concerns can now shift from the recent past to future prospects. The winners could view their easy win as a mandate for continuing current policies, largely viewed as nationalistic and insufficiently democratic. However, the far right's poor performance could lessen pressure on the HDZ to show its nationalist colors and permit greater democratic development. The behavior of HDZ leaders to date favors the status quo in the short run, but domestic and international pressure could both encourage more significant democratic reform than has been seen thus far.

  • The Helsinki Follow-Up Meeting of the Conference on Security and Cooperation on Europe

    The end of the Cold War posed new challenges to the CSCE, with increasing intensities of ethnic conflict raging around the Yugoslav region. The European Community was struggling with uncertainty under a less-than-effective presidency, and a questionable state of unity following the Danish rejection of the Maastricht Treaty; thus, a need was felt for a US presence in Europe. This record of the Helsinki Follow-Up meeting in 1992 shows that the even reaffirmed, but did not complete, the CSCE's transition from process to structure. The network of CSCE bodies and work methods described in the beginning sections of the Helsinki Decisions was greatly developed and clarified from its Paris genesis. Some effort was also made to integrate existing structures and past practices. Notably, the CSCE took as its central concept for the future the US-proposed theme "managing change." While the United States put this forward as a response to percieved European negativism and tendancy to paint the future in apocalyptic colors, requiring only conflict-orientated responses, it was also telling that the United States and others were ready to see the CSCE as a key instrument for the management of inevitable change, rather than looking past the CSCE in efforts to maintain the status quo.

  • Staff Delegation to Moscow, Georgia, Moldova and Belarus

    Each country visited by the delegation has its own particular problems, as they all cope with their newly acquired independence. Their implementation of CSCE commitments naturally reflects the political circumstances obtaining in the country at large. Belarus exhibits little evidence of ethnic conflict (the situation of the Polish minority, while worrisome, is unlikely to become a state-threatening crisis) and Belarus has historic and ethnic reasons to cleave to Russia, despite the breakup of the USSR. As in Turkmenistan, Belarus's post-Soviet "stability" appears to mean relatively little organized political activity and the survival in power of the renamed Communist Party elite. On the other hand, such "stability" retards growth away from Soviet reality. By contrast, Georgia and Moldova are far more unstable. They share the unhappy reality of ethnic war, exacerbated in Georgia by a bitter rift between supporters of the current and former authorities. As states without Slavic majorities and with historic reasons to fear Russian domination, their efforts to create a non-Soviet personality and structure have been accompanied by major disruptions and bloodshed, while their relations with Russia -- an important factor in their hopes to achieve stability -- have been stormy. Georgia is engulfed in bloody ethnic disputes (particularly in South Ossetia, where a multilateral peacekeeping force has restrained the violence, and Abkhazia) and a political conflict (between backers of ousted President Zviad Gamsakhurdia and Eduard Shevardnadze). Gamsakhurdia's removal by force last January is the key to Georgian politics today, as it determines the legitimacy -- or lack of legitimacy -- of the current government and the battle between adherents of the opposing sides. Whether stability can be attained under such circumstances, even after the scheduled October parliamentary election, is unclear. Consequently, prospects are uncertain in Georgia for resolving ethnic tensions and establishing a law-based state which observes human rights and protects national minorities. The chief concern in Moldova is the carnage of the civil war in Transdniestria. President Snegur and other officials emphasized their wish to find a just solution to the issue but were clearly concerned about the aggressive position of Russia, while two major political groups charged that the Snegur administration had gravely mishandled the crisis. Parliamentarians and government representatives outlined other areas in which Chisinau was attempting to reconcile various claims and interests of the ethnic Moldovan Romanophone majority with those of the many other ethnic groups in the country. The editor of the major Jewish newspaper in Chisinau reported a significant rise in Jewish cultural activities, but also detected signs of an increase in "day-to-day anti-Semitism." Evangelical Christian leaders reported that their churches were carrying on an extensive program of evangelization, despite what they considered a noticeable tilt in Moldovan "freedom of conscience" legislation toward the "national" Orthodox church. In Belarus, democratization has made relatively little progress. The Belarusian Popular Front and its allies have secured enough petition signatures to force a referendum on establishing a new parliament, but the Front fears that the old-line majority in the parliament will delay holding the referendum until it can reinforce its grip on power. The press is entirely subsidized by the government, limiting the opposition's ability to get its message out. There are at least four "secrecy" refuseniks in Belarus, and although a new "exit and entry" law is being drafted, OVIR officials defended the present practice of detaining emigration applicants for up to five years on the basis of their access to "secrets." The leader of the Belarus Baptist community was enthusiastic about the new freedoms and opportunities enjoyed by the church, and praised Supreme Soviet Chairman Shushkevich for his positive attitude toward believers in Belarus. In contrast, the Roman Catholic Archbishop of Minsk and Mogilev charged that Minsk was delaying the return of churches and church property to the church, apparently out of fear that the predominantly Polish-language church was part of a Polish irredentist movement in Western Belarus.

  • Helsinki Commission Visit to Armenia, Azerbaijan, Tajikistan, Uzbekistan, Kazakhstan, and Ukraine

    This Helsinki Commission delegation was the first to visit the "former Soviet Union" since its breakup in December 1991. It was also the first Commission delegation visit to any of the former republics in their new status as independent countries, and the first ever to Ukraine, Azerbaijan, Tajikistan, Uzbekistan, and Kazakhstan. Of particular significance was the fact that all the former republics are now full­ fledged members of the Conference on Security and Cooperation in Europe (CSCE), having been admitted during the meeting of the CSCE Council of Ministers in Prague in late January 1992. Their entry into the CSCE means that all the governments of these newly independent countries have obligated themselves to implement Helsinki commitments, providing a standard by which their progress towards democratization, observance of human rights and free market economic systems can be measured. Moreover, since at least two of these countries -- Armenia and Azerbaijan -- are, essentially, engaged in hostilities, if not actually a state of war, the CSCE's mechanisms for conflict mediation and resolution can be brought into play: a test both for the republics, and the CSCE, especially in the aftermath of the Yugoslavia crisis. The fact that the delegation's visit took place during the CSCE Follow-up Meeting in Helsinki (March-June 1992) offered an appropriate backdrop to this Commission fact-finding mission. This mission had particular resonance in the Central Asian republics, which have long been neglected in the West. In fact, there had been much debate among CSCE participating States as to whether these republics should be admitted to the Conference on Security and Cooperation in Europe, as they were manifestly not in Europe geographically, or, in many ways, culturally. Nevertheless, the CSCE's Council of Ministers was persuaded by the argument that the best way to bring Western democratic and free market ideas to the region was to include them in the process. The visit to Armenia and Azerbaijan was motivated by obvious considerations: the increasingly bloody and alarming conflict between them over Nagorno-Karabakh. From an ethnic dispute that threatened to complicate Mikhail Gorbachev's reform program, the conflict has ballooned, with the dissolution of the USSR, into a larger regional conflict with international significance that threatens to involve neighboring states, one of which -­ Turkey -- is a NATO member. From the CSCE perspective, this conflict brings to the fore the inherent contradiction between two equally valid principles of the CSCE: the right of peoples to self-determination, on the one hand; and territorial integrity, with only peaceful change of borders, on the other. Yugoslavia in 1991 had already presented the CSCE with the difficult problem of reconciling these principles; Armenia and Azerbaijan are offering the latest challenge. There is reason to believe -- or fear -- that this issue will resurface elsewhere on the territory of the former USSR, and the unhappy experience of these two Transcaucasian countries may prove an object lesson that has applicability to other situations. Reflecting the concern of the CSCE member States about the situation, and in an attempt to resolve the crisis, a decision was taken at the March 1992 opening of the Helsinki Follow-up Meeting to organize a "Conference on Nagorno-Karabakh" which will meet soon in Minsk under CSCE auspices. Ukraine, meanwhile, is embroiled in its own disputes as it develops its institutions as a newly independent country and CSCE state. Unlike its quarrel with Russia over division of the USSR's assets, especially the disposition of the Black Sea fleet, some issues have direct relevance to the CSCE. The Crimea, for example, may hold a referendum on its future status (remaining within Ukraine, autonomy, joining Russia, or opting for independence), which reflects the emphasis placed in the CSCE on democratic expression and fair balloting practices. Another area of critical importance is military security and arms control: the disposition of Ukraine's nuclear arsenal and compliance with the CFE (Conventional Forces in Europe) agreement, when Kiev has not yet reached agreement with Moscow and other capitals of former republics over a unified military that could implement the agreement. Finally, Ukraine's efforts to build a law-based state and overcome the legacy of 70 years of communism must overcome difficulties of personnel, "old thinking" (a term popular among Moscow's elite a few years ago), and bureaucratic resistance to change. The United States recognized all the former Soviet republics as independent countries on December 25, 1991, but established diplomatic relations only with Russia, Ukraine, Belarus, Armenia, Kazakhstan and Kyrgyzstan. Establishment of formal diplomatic relations with the others was put off, pending satisfactory assurances of commitment to human rights, democracy, responsible arms control policies, and a free market economic system. This "two-tiered" approach drew criticism, however, for risking the alienation of the "second-tier" states and the potential loss of American influence, I especially with the January 1992 decision by the CSCE to admit the former Soviet republics as full members. In February, the Bush administration signalled its intention to establish diplomatic relations with all the former Soviet republics. The result was the speedy opening of U.S. Embassies in the newly independent countries, which was enthusiastically greeted by the leaderships and opposition forces. Effectively, therefore, the United States is the only Western country with fully-functioning Embassies in all the new countries visited by the Helsinki Commission.

  • The Yugoslav Republics: Prospects for Peace and Human Rights

    This hearing reviewed the political crisis and the civil conflict in Yugoslavia. The purpose was to examine the different aspects in which is fueling the crisis. The hearing looked at the role of the OSCE process in its efforts to shape the international strength in resolving the Yugoslav conflict. Representatives from the European community gave testimony on the proposals and plan implementation carried out by the European Council and of the member states. The issue of military hardware and tensions related to large mobilized forces were mentioned, along with the peace settlement dimension for the succeeding states of Yugoslavia.

Pages