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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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