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publication
Implementation of the Final Act: Findings and Recommendations Seven Years After Helsinki
Monday, November 01, 1982This report, including its findings and recommendations, is based upon material compiled during the Commission's continuing study of Final Act implementation -- with special emphasis on the period since the last report in August 1980. The Commission has focused its attention in this report primarily on the compliance records of the Soviet Union and its Warsaw Pact allies where, with rare exceptions, the level of implementation in many areas continues to be appallingly low. Given the continued armed occupation of Afghanistan by Soviet forces; the imposition, under heavy Soviet pressures, of martial law in Poland; and the radically increased repression of all forms of dissent in the Soviet Union and many other Warsaw Pact countries, it is clear that compliance with the Final Act has seriously regressed. The Western CSCE states, on the other hand, generally have maintained relatively high standards of implementation in all areas of the Final Act, specifically, in those areas such as human rights where the Eastern record has been a cause of dismay. The Commission, therefore, has directed the bulk of its research to those nations whose records under the Helsinki Accords display the greatest need for improvement. For the CSCE review conference in Madrid, this report will serve as an overview of compliance of the two-year period since the Commission undertook its review in the fall of 1980. For the American public, whose support is essential to continued U.S. participation in the CSCE process, the report provides a current picture of major implementation achievements and shortcomings in the most critical areas - the Soviet Union and Eastern Europe.
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hearing
The Assassination Attempt on Pope John Paul II
Thursday, September 23, 1982The subject of this hearing, which Commissioner Millicent Fenwick chaired, was whether or not there was the possibility of complicity, on the part of the Soviet and Bulgarian secret police, to Turkish terrorist Mehmet Ali Agca’s assassination attempt on Pope John Paul II. As per Principle VI of the Helsinki Final Act, signatory nations are to refrain from direct or indirect assistance to terrorist activities. Bulgaria and the Soviet Union were privy to this at the time of the hearing. The hearing utilized witnesses to shed light as to whether or not Bulgaria and the Soviet Union were honoring this commitment in Principle VI, which was not a guarantee, especially because of Mehmet Ali Agca’s potential involvement in a Turkish arms ring that Bulgarians supported. The hearing was part and parcel of an “essential” effort to carefully and impartially examine all evidence of possible Soviet and Bulgarian involvement with Agca.
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publication
Human Rights in Czechoslovakia: The Documents of Charter '77, 1977-1982
Thursday, July 01, 1982The documents in this publication reflect the efforts of Czechoslovak citizens to express their opinions on issues of importance to them and on rights guaranteed to them under Czechoslovak law, the Helsinki Final Act, and other international agreements. In Principle VII of the Helsinki Final Act, the participating States confirmed the "right of the individual to know and act upon his rights." They also agreed to "promote and encourage the effective exercise of civil, political, economic, social, cultural and other rights and freedoms all of which derive from the inherent dignity of the human person..." The signatories further pledged to "recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience." Sadly, these noble words ring hollow in Czechoslovakia, one of the 35 signatories to the Helsinki Final Act. In an effort to improve their country's adherence to the principles and spirit of the Helsinki document during the last five years -- over 1,000 czechoslovak citizens -- workers, scholars, clergymen, professionais, students, government employees, scientists and others -- have affixed their names to the manifesto of human rights known as Charter 77. Many have also worked actively with VONS -- the Committee for the Defense of the Unjustly Persecuted -- to report and document violations of basic human freedoms. While in most signatory countries these efforts on behalf of human rights would be applauded and rewarded, in Czechoslovakia both signers of Charter 77 and members of VONS have fallen victim to unrelenting government repression. Charter 77 clearly emphasizes that its aim is not to change the existing sociai system, but simply to demonstrate the need for "observance of laws" -- both domestic and international -- by the Czechoslovak authorities. As an example of this committment to international law and other agreements, Charter 77 called upon the Czechosiovak delegation to the Madrid Meeting of the Conference on Security and Cooperation in Europe to honor its word and implement all the provisions of the helsinki Final Act, including Principle ViI. The constant surveillance, house searches, detentions, arrests, beatings and terms of imprisonment to which these courageous men and women are subjected are difficult to reconcile with the statements attesting to full implementation presented by the Czechoslovak delegations to both the Belgrade and Madrid review meetings.
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hearing
Soviet Involvement in the Polish Economy
Thursday, April 01, 1982Commissioner Dante B. Fascell chaired this hearing, the purpose of which was to review the record of Soviet involvement in the planning, direction, and operation of the Polish economy. Before the time of this hearing, Soviet involvement in the Polish economy had been the source of much speculation. More specifically, Poland’s economy was functioning poorly, but it was debated whether the fault of this lay more with Poland itself or more with the U.S.S.R. What was hoped to be achieved in the hearing, then, was to shed light on the issue of how Soviet involvement affected the Polish economy, specifically based on the personal experience of one of Poland’s leading economists and a former government official, Ambassador Zdzislaw Rurarz.
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hearing
Soviet Violation of Helsinki Final Act: Invasion of Afghanistan
Wednesday, July 22, 1981Attendees at this hearing, over which Commissioner Dante B. Fascell presided, discussed the December 1979 invasion of Afghanistan by the former Soviet Union, an invasion that ran counter to international law due to Afghanistan’s status as sovereign and independent. The set of agreements that the Soviet Union signed on to in 1975 with 34 other countries (i.e. the Helsinki Final Act) incorporated rights inherent in a country’s sovereignty, refraining from the threat or use of force, the rights of peoples to self-determination, and acceptance of international conduct principles. In short, the Soviet Union’s invasion and attempted occupation of Afghanistan had struck at the very heart of these principles, and its invasion had severely damaged the international climate and greatly damaged East-West relations.
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publication
A Thematic Survey of the Documents of the Moscow Helsinki Group
Tuesday, May 12, 1981The Moscow Public Group to Promote Observance of the Helsinki Accords in the USSR (better known as the Moscow Helsinki Group) announced its formation at a press conference for Western journalists on May 12, 1976. The first statement of the Moscow Helsinki Group publicized the names and addresses of the founding members: Professor Yuri Orlov, Group leader; and founding members Lyudmila Alekseeva, Elena Bonner, Aleksandr Ginzburg, Petro Grigorenko, Malva Landa, Anatoly Marchenko, Vitaly Rubin and Anatoly Shcharansky. (Later, ten other human rights activists joined the Moscow Helsinki Group: Sofya Kalistratova, Ivan Kovalev, Naum Meiman, Yuri Mnyukh, Viktor Nekipelov, Tatiana Osipova, Feliks Serebrov, Vladimir Slepak, Leonard Ternovsky and Yuri Yarym-Agaev.) Believing that human needs and open information are directly related to international security, the Group seeks to inform the CSCE states and public opinion about violations in the USSR of the humanitarian provisions of the Final Act. The Moscow Helsinki Group hopes that the information it provides will be considered at those international meetings (the Belgrade Conference, the Madrid Conference and similar future meetings) which are envisioned in the Final Act, under the section "Followup to the Conference," to examine the fulfillment of obligations under the Helsinki Accords. The Group called itself the Group to Promote the observance of the Helsinki Accords to stress its loyalty to the authorities and its desire to cooperate if they revealed a conscientious attitude towards their Helsinki human rights obligations. The Group members called on other CSCE signatories to create similar citizens groups, since violations of the Final Act human rights provisions are possible in any country.
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hearing
Fifth Anniversary of the Formation of the Ukrainian Helsinki Group
Monday, February 16, 1981On November 9, 1976, 10 brave men and women in Kiev organized a citizens' group to examine how the Soviet Government was living up to its Helsinki human rights pledges. Tragically, however, far from greeting this new civic endeavor, the Kremlin, in a savage campaign of official reprisal, singled out the Ukrainian Helsinki Group for especially harsh treatment. By 1981, 30 group activists were in Soviet camps, prisons, and places of exile. The four witnesses at the Helsinki Commission hearing provided expert testimony on Ukraine and the Helsinki process, and their fates gave an insight into the radically different ways in which our Government and that of the Soviet Union reacted to citizen interest in the Helsinki process.
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publication
Implementation of the Final Act: Findings and Recommendations Five Years After Helsinki
Friday, August 01, 1980This report and its findings and recommendations are drawn from material compiled during the Commission's continuing study of Final Act implementation -- with special emphasis on the period since the last report in August 1977. Directed by law to give "particular regard" to the provisions of the Final Act section (Basket III) on Cooperation in Humanitarian and Other Fields, the Commission is: "Further authorized and directed to monitor and encourage the developoment of programs and activities of the United States government and private organizations with a view toward taking advantage of the provisions of the Final Act to expand East-West economic cooperation and a greater interchange of people and ideas between East and West." Guided by its mandate, the Commission has concentrated its attention in this report primarily on the compliance records of the Soviet Union and its Warsaw Pact allies where, with rare exceptions, the level of implementation in many areas has remained appallingly low and, in some cases, has even regressed. By comparison, Western CSCE states generally have maintained relatively high standards of implementation in all areas of the Final Act and, in particular, in those areas such as human rights where the Eastern record has been most dismal. Therefore, in examining the impact of the Final Act -- actions reflecting compliance with or violations of its articles -- the Commission, in this report, has directed the bulk of its research to those nations whose records under the Helsinki Accords stand the greatest need for improvement.
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hearing
Review of Implementation of Basket II of the Helsinki Final Act
Thursday, March 06, 1980This hearing, which Commissioner Jonathan B. Bingham chaired, was a joint meeting of the Commission on Security and Cooperation in Europe and the Subcommittee on International Economic Policy and Trade of the House Foreign Affairs Committee. These organizations held this hearing after the establishment of a new strategy by the U.S. in its relations with the Soviet Union. More specifically, the month before this hearing, the CSCE adopted a resolution condemning the Soviet invasion of Afghanistan and the arrest and exile of Andrei Sakharov as blatant violations of the Helsinki Final Act. Commissioner Millicent Fenwick, who was also one of the sponsors of legislation creating the CSCE, proposed this resolution. Likewise, the resolution called on the signatory states of the Final Act to join in such protest and undertake such sanctions against the former U.S.S.R. as may be available to them. The hearing itself, then, focused on the current status and prospects of U.S. commercial and economic relationships with the U.S.S.R. and Eastern European countries, implementation of Basket II, efforts to promote better implementation, and the impact the Soviet violation of the Helsinki accords in Afghanistan would have on the Madrid Review Session and the CSCE process as a whole.
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hearing
The Helsinki Forum and East-West Scientific Exchange
Thursday, January 31, 1980The Committee on Science and Technology as well as the Committee on Foreign Affairs and the Commission on Security and Cooperation in Europe sponsored the hearing to examine free and open scientific exchange among the OSCE member states. Amidst the Soviet invasion of Afghanistan, Andrei Tverdokhlebov, physicist and human rights activist, gave testimony about the restrictive state of freedom of association in the U.S.S.R., its effects on the scientific community, and attempts by the Soviet Government to silence Andrei Sakharov. The witnesses and the Commissioners discussed possible non-essential travel bans on future scientific exchanges and other joint international scientific efforts.
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publication
Profiles: Helsinki Monitors
Monday, December 10, 1979In May of 1976, a group of Soviet citizens dedicated themselves to promoting compliance by their government with the humanitarian provisions of the Helsinki Final Act. Collecting and disseminating information on violations of those provisions, these human rights activists thereby expressed their stated conviction that "the issues of humanitarianism and free information have a direct relationship to the problem of international security." Respect for human rights in the USSR, they held, is a precondition for the development of a solid East-West detente. After hearing about the work of the Helsinki Groups on foreign radio broadcasts, many ordinary Soviet citizens began sending the Group information on human rights violations in various areas of the USSR. In this way, the Groups became catalysts, drawing together the disparate strands of Soviet dissent. Group reports reflect these varied concerns: conditions in labor camps and psychiatric hospitals; the problems of religious and ethnic minorities; emigration difficulties; and denials of economic rights. The CSCE Commission translates and compiles these Group documents in its series of "Reports of the Helsinki Accord Monitors in the Soviet Union." Encouraged by the success of the first Helsinki Group in Moscow, other such groups were organized in the Ukraine, Lithuania, Armenia, and Georgia. In Moscow, two allied groups were formed to deal with more specific issues: the Working Commission on the Use of Psychiatry for Political Purposes, and the Christian Committee to Defend the Rights of Believers. In recognition of the sacrifice, dedication, and successful work of all these groups, the Commission on Security and Cooperation in Europe nominated all their members for the Nobel Peace Prize in 1978 and 1979. During the past two years, other allied groups have emerged: the Initiative Group for the Defense of the Rights of Invalids in the USSR; the Group for the Legal Struggle and Investigation of Facts about the Persecution of Believers in the USSR of the All-Union Church of the Faithful and Free Seventh-Day Adventists; and the Catholic Committee to Defense the Rights of Believers in the USSR. With the addition of these new committees, an even broader spectrum of human rights issues and interests in the Soviet Union is now represented. At the present time, there are 66 men and women in the Helsinki Monitoring Groups in Moscow, Ukraine, Lithuania, Georgia and Armenia. Currently, 26 people have joined the Christian, Catholic and Adventist Committees, the Working Con-miission on Psychiatric Abuse and the Initiative Group for Invalids. For this compilation of biographical information on the present members, the Commission is indebted to the following for their assistance: ORGANIZATIONS AND PUBLICATIONS Amnesty International, Bulletin d'Information, Comite pour I'application des accords d'Helsinki en Georgie, Committee for the Defense of Soviet Political Prisoners, ELTA Information Service, Helsinki Guarantees for Ukraine Committee, Keston College, Khronika Press, Lithuanian-American Community of the U.S.A., Inc., Lithuanian Catholic Religious Aid, National Conference on Soviet Jewry, Radio Free Europe/Radio Liberty, Smoloskyp, Student Struggle for Soviet Jewry, the Ukrainian National Information Service, the Union of Councils for Soviet Jews, Washington Street Research Center. INDIVIDUALS Mr. Victor Abdalov, Mrs. Lyudmila Alekseeva, Gen. and Mrs. Pyotr Grigorenko, Ms. Dina Kaminskaya, Mr. Ambartsum Khlagatyan, Mr. Michael Meerson, Rev. Aleksandr Shmeiman, Mr. Konstantin Simis, Ms. Veronika Stein, Mr. Valentin Turchin, and Ms. Lydia Voronina, Ms. Yulya Zaks.
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publication
Fulfilling our Promises: The United States and the Helsinki Final Act (1)
Thursday, November 01, 1979The Commission has three main purposes in preparing this report. First, it hopes to demonstrate the good faith of the U.S. in assessing its Helsinki implementation record in light of criticisms from other CSCE countries and domestic critics. Second, the Commission hopes to stimulate honest implementation evaluations by other CSCE states and thus to lay the groundwork for real progress prior to the next review meeting at Madrid in 1980. Finally, the Commission hopes to encourage improved compliance by the United States. Although the Commission agrees with President Carter that the U.S. record is very good, additional discussion and interaction between responsible government agencies and interested private organizations in a necessary prerequisite to greater progress. This report follows the structures of the Final Act by discussing, in order, each major section or "basket" of the Act. Basket I deals with questions relating to security in Europe which includes Human Rights; Basket II, economic and scientific cooperation; Basket III, cooperation in humanitarian and other fields. Click to read Part 2.
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publication
Fulfilling our Promises: The United States and the Helsinki Final Act (2)
Thursday, November 01, 1979The Commission has three main purposes in preparing this report. First, it hopes to demonstrate the good faith of the U.S. in assessing its Helsinki implementation record in light of criticisms from other CSCE countries and domestic critics. Second, the Commission hopes to stimulate honest implementation evaluations by other CSCE states and thus to lay the groundwork for real progress prior to the next review meeting at Madrid in 1980. Finally, the Commission hopes to encourage improved compliance by the United States. Although the Commission agrees with President Carter that the U.S. record is very good, additional discussion and interaction between responsible government agencies and interested private organizations in a necessary prerequisite to greater progress. This report follows the structures of the Final Act by discussing, in order, each major section or "basket" of the Act. Basket I deals with questions relating to security in Europe which includes Human Rights; Basket II, economic and scientific cooperation; Basket III, cooperation in humanitarian and other fields.
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hearing
Implementation of The Helsinki Accords Vol. XI – Religious Persecution In U.S.S.R. & HR Violations in Ukraine
Thursday, June 07, 1979The first part of this hearing, led by Commissioner Dante B. Fascell, focused largely on the imprisonment of Russian Pastor Georgi Vins, who had spent eight of the last thirteen years in prison simply due to his occupation. Repression of this Baptist minister exemplified such repression of other Baptist clergymen by the U.S.S.R., whose denomination in the country dated back to the early 1900s. However, in 1965, the Soviet Baptist movement split into the recognized and legitimated all-union Council of Evangelical Christians, and the dissident reform Baptists, making the latter the first Soviet dissident human rights group. The second portion of the hearing discussed Ukrainian political retribution and dissidents, exemplified by the cases of witnesses who had all been political prisoners in the Eastern European country.
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hearing
Implementation of The Helsinki Accords Vol. X – Aleksandr Ginzburg On The Human Rights Situation In The U.S.S.R.
Friday, May 11, 1979CSCE Chairman Dante Fascell presided over this hearing on the human rights situation in the USSR. Aleksandr Ginzburg,a Russian human rights activist who had finally been released from the Gulag Archipelago and subsequently returned to his family, testified. The hearing also focused on the repression and imprisonment of members of the Moscow Helsinki Monitoring Group, a Russian human rights advocacy organization whose work focused on pressure in support of the Helsinki Final Act. The hearing gave Ginzburg a platform to candidly discuss the as human rights abuses taking place in the USSR.
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hearing
Implementation of the Helsinki Accords Vol. IX – U.S. Visa Policies
Thursday, April 05, 1979This briefing discussed how the Helsinki Accord’s provisions on the free flow of people apply to the United States. The briefing followed President Carter’s commitment to embody the principles outlined in the Helsinki Final Act. Representatives from U.S. government agencies, such as the Department of State and the Department of Justice, and interested civil society organizations testified about their experiences with the current visa regime. The witnesses were asked to make recommendations about the advisability of changing U.S. law to align with the freedom of movement provisions in the Helsinki Accords.
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hearing
Implementation Of The Helsinki Accords Vol. VIII – U.S. Compliance: Human Rights
Tuesday, April 03, 1979Commissioner Claiborne Pell and others in attendance, in this series of hearings, looked at their own country’s record on the Helsinki Final Act of 1975. This hearing signified the first time that a state belonging to the Organization for Security and Cooperation in Europe (OSCE), or the “Conference,” had looked at its own record in such a manner, taking into account criticism by other signatories and private domestic monitoring groups, no less. This series of hearings’ purpose was to ascertain progress accomplished, learn what more needs to be achieved, and proclaim a reaffirmation of the U.S. commitment to the Helsinki Final Act’s full implementation.
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publication
Reports of the Helsinki Accords Monitors in the Soviet Union
Wednesday, November 01, 1978This volume is the third compilation of selected documents emerging from the Helsinki accord monitoring groups in the Soviet Union published by the Commission on Security and Cooperation in Europe. In a sampling of reports written between late 1976 and the summer of 1978, it is intended, as in the previous compilations, to illustrate the broad range of human rights concerns of the various monitoring groups whose common goal is the furthering of Final Act implementation in their own country. Efforts to promote CSCE compliance in the Soviet Union began in May of 1976 when 11 human rights activists in Moscow, led by Yuri Orlov, formed the first Public Group to Promote Observance of the Helsinki Agreements. Inspired by its example, other Helsinki groups were formed in Kiev, Vilnius, Yerevan and Tbilisi. Additional independent organizations with more narrowly defined focus, such as the Christian Committee for the Defense of Believers' Rights and the Working Commission on the Abuse of Psychiatry for Political Purposes, also emerged. Today, more than 50 group members, representing a broad spectrum of religious, ethnic and professional affiliations, are actively documenting human rights violations and engaged in promoting implementation of the Helsinki accord. While maintaining their individual identities, Soviet monitoring groups have frequently collaborated in their efforts to promote human rights. When the Lithuanian and Ukrainian groups were formed, for example, the Moscow group sponsored a joint news conference to publicize their creation. The Christian Committee, composed of four members of the Russian Orthodox Church, has written appeals on behalf of Adventists, Jews and Baptists. On occasion, two or more groups have issued joint declarations and other documents. Ordinary Soviet citizens, learning of the Helsinki groups via Western radio broadcasts, have traveled thousands of miles from remote regions in order to present documented evidence on human rights violations. Similarly, monitoring group members have journeyed great distances to conduct interviews and related research. Representatives of the Moscow group, for example, were sent to the northern Caucasus and to distant Nakhodka to visit Pentecostal communities desiring to emigrate. The representative documents of the Soviet Helsinki monitoring groups reproduced here address a wide range of human rights concerns: repressions of group members, violations of the rights of ethnic minorities, difficulties of emigration from the USSR, problems of religious believers and difficulties of current and former political prisoners. Economic concerns are also treated in several documents in the compilation. The Soviet monitoring groups carry out their work in an extremely repressive environment. Although 20 members of these organizations have been arrested and imprisoned, many new members have joined. Frequently, documents have been confiscated by the KGB. During a search of Orlov's apartment in Moscow, for example, material documenting persecution of parents advocating religious practices for their children was removed. In another case, Aleksandr Ginzburg's residence was searched and information on the health of seriously ill political prisoners was seized. The documents of the Soviet Helsinki monitors are truly a testament to their strength, courage and dedication. Their long-range goal -- the achievement of a humane society based on respect for law -- has yet to be realized. But already they have attained a moral victory in gaining the attention and respect of private and governmental groups throughout the world.
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publication
Helsinki Commission Annual Report - 1978
Wednesday, October 11, 1978Created in 1976 as an independent agency to monitor and encourage compliance with the 1975 Helsinki Conference on Security and Cooperation in Europe (CSCE), the Commission has carried out its responsiblities in a variety of ways during the 95th Congress. Primary focus of Commission activity during the past two years was on the Belgrade CSCE review conference which met from June 1977 to March 1978 to review implementation by all signatories of the military and security, economic and scientific, humanitarian and other goals of the Helsinki Final Act. The Commission was instrumental in formulating U.S. policy for the Belgrade meeting and then played an important and active role as part of the U.S. delegation to the review conference. It has also been active in planning for and staffing official U.S. delegations to a subsequent meeting of scientific experts in Bonn, as well as other conferences within the CSCE process. In addition to carrying out its monitoring and informational responsibilities in major international fora, the Commission has been extremely active on a day-to-day basis in promoting implementation of the Helsinki accords. Extensive and continuing hearings during the last two years have provided an important source of information on the state of Helsinki Final Act implementation, particularly in the human rights area. Human rights, especially family reunification, was also the subject of a large number of Commission meetings and staff interviews during the 95th Congress. As a result, the Commission has been able to provide a regular flow of reports and information to the Congress, press and public on human rights and other issues involving Helsinki Final Act implementation. The Commission has a unique role in policy formulation and coordination on CSCE; during the past two years, Commissioners and staff held extensive meetings with officials of the Executive Branch to review and initiate CSCE policy issues. In addition, periodic consultations were held with officials of the other signatory governments. It is likely that this process will intensify and expand in anticipation of the next major review conference at Madrid in 1980.
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publication
Soviet Law and the Helsinki Monitors
Tuesday, June 06, 1978Between February 3, 1977 and June 1, 1978, twenty Soviet citizens active in the defense of human rights in five different Republics were arrested and imprisoned; two others, traveling abroad on Soviet passports, were stripped of their citizenship and denied the right to return to the USSR. All are members of the Public Groups to Promote Observance of the Helsinki Agreement in the USSR (the Soviet Helsinki Watch) or, in the case of two men, of its subsidiary Working Commission to Investigate the Abuse of Psychiatry for Political Purposes. The twenty-one men and one woman are being punished under a variety of different criminal charges. Their "crime," however, is identical: political dissent, expressed in the non-violent, open effort to spur Soviet authorities to implement the human rights and humanitarian undertakings of the August 1975 Final Act of the Conference on Security and Cooperation in Europe (the Helsinki Accord.) The following study by the staff of the U. S. Commission on . Security and Cooperation in Europe examines the workings of Soviet law and criminal procedure as applied in these cases of political dissent. It discusses the guarantees of Soviet law, including international covenants ratified by the USSR, against arbitrary arrest and unfair trial and compares those to the practices used against the Helsinki Watchers. From the study it is evident that those guarantees -- both substantive and procedural -- have been repeatedly violated in the persecution and prosecution of the twenty-two human rights activists. The violations uncovered range from improper conduct of pre-arrest house searches through illegally prolonged pre-trial detention to unlawful denial of the rights of the defense at the trial. This pattern of official conduct toward free, but dissenting political expression is not new in the Soviet Union. In the treatment of the Soviet Helsinki Watch, however, it has been systematic and can be termed, without question, a gross and intentional violation of both the pledges in the Final Act and the safeguards promised by the Soviet Constitution, Criminal Codes and Codes of Criminal Procedure.
Title
Title
By H. Knox Thames
CSCE Counsel
The second Organization for Security and Cooperation in Europe conference on Tolerance and the Fight against Racism, Xenophobia and Discrimination convened in Brussels, Belgium, September 13-14, 2004. Along with the first conference held last fall in Vienna, the two meetings were part of broad efforts by OSCE participating States to address concerns about intolerance and anti-Semitism.
Alphonso Jackson, Secretary of Housing and Urban Development, led the United States Delegation. Other U.S. delegates included Dr. Maha Hadi Hussain, University of Michigan; Tamar Jacoby, Senior Fellow at the Manhattan Institute; William Cardinal Keeler, Archbishop of Baltimore; Larry Thompson, former U.S. Deputy Attorney General; Robert L. Woodson, President of the National Center for Neighborhood Enterprise; and Stephan M. Minikes, U.S. Ambassador to the OSCE.
Conference participants included 47 OSCE participating States, five Mediterranean Partners for Cooperation, and many non-governmental organizations representing a range of interests. His Royal Highness Prince Filip of Belgium, His Royal Highness Prince Hassan of Jordan, and His All Holiness Patriarch Bartholomew I addressed the opening session of the conference. United States Helsinki Commission Member Rep. Alcee L. Hastings (D-FL) also spoke at the opening session in his capacity as President of the OSCE Parliamentary Assembly.
The Brussels Conference consisted of four plenary sessions and four workshops. Considering the broad themes of the conference, the plenary sessions focused on a variety of issues related to intolerance: governmental actions in law enforcement and promoting tolerance; efforts to combat discrimination against legal migrant workers; and efforts to promote tolerance through education and the media. The workshop topics were equally diverse, addressing discriminatory government policies affecting religious freedoms, promotion of tolerance toward Muslims, and combating discrimination based on color. The Office of Democratic Institutions and Human Rights also reported on its strategy and activities relating to tolerance.
Members of the U.S. Delegation participated fully in all aspects of the conference, giving introductory statements at plenary sessions and actively engaging in discussions regarding various forms of discrimination.
In the first session, “Legislative and Institutional Mechanisms and Governmental Action, including Law Enforcement,” U.S. Head of Delegation, Secretary Jackson noted that “abuses prompted by disregard for the principles of tolerance and non-discrimination occur in countries across the globe. Some come in the form of individual acts of racism that harm only small numbers of people at a time. Others come in the form of national policies that discriminate against certain segments of society. All pose a challenge that all countries must confront directly in order to guarantee the freedom, democracy, and prosperity that we hold dear.”
During the workshop entitled “Facilitating Freedom of Religion and Belief through Transparent and Non-Discriminatory Laws, Regulations, Policies and Procedures,” Cardinal Keeler stressed that participating States must “work to implement non-discriminatory laws, avoiding those that limit the ability of groups to operate equally. Registration systems should not create unfair tiered systems offering unique benefits and privileges to some and lesser legal status to others, or establish numerical thresholds almost impossible to meet.”
Dr. Hussain’s contribution to the workshop on “Promotion of Tolerance and Non-Discrimination toward Muslims” addressed a number of issues, also singling out specific examples of governmental discrimination against Muslims. “While the threat of terrorism is real and it can never be condoned, the negative attention stigmatizes communities and fosters xenophobia against minorities—be they Muslims, Arabs or others,” said Hussain. “It also can result in violation of individual privacy and abuse of police powers. It is hard to justify these actions, particularly in democratic states where human and minority rights are meant to be protected.”
In the closing session, Secretary Jackson urged OSCE participating States and conference participants to combat all forms of discrimination, especially those based on skin color. He spoke from his own experiences growing up in the southern United States in the 1960s during the Civil Rights Movement. Jackson noted how far the United States has traveled toward tolerance. He observed, however, that work within the United States is not finished.
“That is why we gathered here this week to share our experiences and learn all we can from one another … to discuss the successes we have achieved in our respective countries … and to recommit ourselves to resolving the challenges that remain,” Secretary Jackson said. “We know there is much work ahead of us, but as nations committed to promoting tolerance and diversity, we must focus the combined and concerted efforts of government, civil society, and individuals in the pursuit of positive change.”
The U.S. Delegation proposed 13 recommendations for consideration in future efforts to address issues of discrimination and intolerance, which included:
- Leaders of participating States should speak out and take resolute action against attacks and crimes directed at individuals based on race, color, religion, political or other opinion, sex, language, national or social origin, property, birth or other status.
- Participating States without anti-discrimination laws should enact such legislation at the earliest opportunity. Those states with anti-discrimination laws should make strengthening such legislation a top priority. All states may consult ODIHR on best practices.
- Participating States should reach out to minority communities and establish procedures for the reporting of possible bias-motivated crimes and violations of anti-discrimination laws. Authorities should ensure the rapid and effective investigation and prosecution of such crimes.
- Participating States, OSCE Institutions, and NGOs should cooperate in developing training programs for law enforcement and justice officials on legislation relating to hate crimes and its enforcement.
- Participating States should affirmatively declare that institutionalized discrimination against religious communities is unacceptable and ensure that their legal systems foster equality, not subordination, of religious groups. Registration laws, policies, and procedures should be non-discriminatory, neutral and transparent and should not use overly burdensome numerical or temporal thresholds.
- The OSCE should consider meetings on the promotion of tolerance and nondiscrimination toward Muslims.
The conference concluded in similar fashion to the Berlin Conference on Anti-Semitism, with the reading of a declaration by OSCE Chair-in-Office, Bulgarian Foreign Minister Solomon Passy. The “Brussels Declaration” condemned “without reserve all forms of racism, xenophobia and anti-Semitism and other acts of intolerance and discrimination, including against Muslims” and organizations and individuals that promote “hatred or acts of racism, xenophobia, discrimination, or related intolerance, including against Muslims, and anti-Semitism.” In parallel to the Berlin Declaration, the Brussels Declaration also declared “unambiguously that international developments or political issues never justify racism, xenophobia or discrimination,” while also rejecting the “identification of terrorism and extremism with any religion, culture, ethnic group, nationality or race.”
Following the Berlin precedent, the Brussels Declaration incorporated a previously agreed Permanent Council decision setting forth actions participating States and ODIHR should undertake. Reinforcing the PC decision for Berlin, participating States again agreed to “collect and maintain reliable information and statistics about hate crimes” and to forward that information to ODIHR periodically, and directed ODIHR to work with international organizations in this endeavor and to report their findings to the Permanent Council. States decided to “take steps to combat acts of discrimination and violence” against Muslims, migrants and migrant workers, and to consider “undertaking activities to raise public awareness of the enriching contribution of migrants and migrant workers to society.” In addition, governments committed to “consider establishing training programmes for law enforcement and judicial officials on legislation and enforcement of legislation relating to hate crimes.”
The Brussels Declaration and statements given at the conference are available at http://www.osce.org/events/conferences/tolerance2004.
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 Judy Abel contributed to this article.