Title

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

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

This report is based on a Helsinki Commission staff delegation trip to Armenia from June 29 to July 6, 1995. Commission staff spoke with Armenian government officials--including President Levon Ter-Petrossyan, Speaker of Parliament Babgen Araktsyan, Foreign Minister Vahan Papazyan, and Senior Advisor to the President, Jirair Libaridian--and interviewed representatives of Armenian political parties, journalists, and candidates, as well as spokespersons of American non-governmental organizations in Yerevan. The Helsinki Commission would like to thank Ambassador Harry Gilmore and the staff of U.S. Embassy Yerevan, and the OSCE Parliamentary Assembly observer delegation, led by Danish Parliamentarian Annette Just. Armenia had, in the most difficult economic circumtances, impressively managed to combine stability, political pluralism and economic reform. But apprehensions grew about realizing the high hopes this success had engendered. Apart from providing humanitarian and technical assistance, the United States was in a good position, through continued close interest, involvement and suasion, to help consolidate the development of democracy in Armenia.

The election on March 5, 1995, for Estonia'’s national parliament, the Riigikogu, were conducted normally, without any serious violations of the election law or international standards. A seventeen-member delegation of the Organization on Security and Cooperation in Europe Parliamentary Assembly (OSCEPA) concluded that the election was “free and fair.” The OSCE Office of Democratic Institutions and Human Rights (ODIHR) reported that “[the election was] carried out in accordance with the principles contained in the electoral law and there are no major matters which the representatives wish to highlight.” ODIHR has submitted several suggestions to the Riigikogu and the National Electoral Committee for improving technical aspects of the process. Political party structures are noticeably undeveloped in the northeast, and in none of the polling stations were any local observers encountered. Discussions at the National Electoral Commission in Tallinn and with local precinct officials revealed some disagreement about the procedure for admitting local observers, around 700 of whom had registered with the National Electoral Commission prior to the election. In any case, the lack of local observers probably indicated general confidence by the citizenry that the government was capable of holding an orderly and honest election without the need for monitors. Checks with other international observers indicated that the only local observers noted were in Tallinn, and precious few of these.  

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.