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hearing
Electoral Reforms in Russia
Friday, December 09, 1994John Finerty from the Commission was joined by Richard Soudrette, representative of the International Federation for Electoral Systems, in leading a discussion on the possibility of reforming Russia’s electoral system. Soudrette focused on the changes that were seen since the previous year’s parliamentary elections and future prospects for change. Panelists - Catherine Barnes, Robert Dahl, Terry Holcomb, Connie McCormack, and Richard Soudrette – spoke of their individual experiences with the Russian electoral system. The highlighted the successes of the International Federation of Electoral Systems programs in Russia, which focused on legal and institutional reform.
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publication
U.S. HELSINKI COMMISSION DELEGATION TO BOSNIA-HERZEGOVINA
Wednesday, October 26, 1994The Commission delegation travelled to the Bosnian capital of Sarajevo to assess the situation in Bosnia-Herzegovina as the third winter of the conflict in that country approached. Specifically, the delegation was interested in local observations of the prospects for peace, international policies to enhance those prospects quickly and effectively, and the continuing humanitarian crisis that continues in the meantime. These objectives were part of a larger Commission effort to document the tragic events which had transpired in Bosnia-Herzegovina and other parts of the former Yugoslavia since that federation began its violent disintegration, and to raise public awareness of the severe violations of CSCE principles and provisions that resulted. Following its visit to Sarajevo, the Commission delegation travelled to Albania at the invitation of President Sali Berisha. The visit offered the opportunity for the Commission to observe firsthand the vast changes which had taken place in Albania since the elections of 1992, which ousted the communists from power after nearly 50 years of ruthless repression and isolation. It also was intended to show support for Albania during a time of crisis and conflict in the Balkans and, at the same time, to encourage Albania to make continued progress and avoid making mistakes which could damage Albania's image abroad. During the last stop on the trip, the delegation visited Turkey to examine issues of mutual concern to the United States and Turkey, including human rights issues, the Kurdish situation, conflict in the Balkans and the Middle East peace process.
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briefing
Status of Media Freedom in Democracies
Thursday, September 01, 1994This briefing detailed the progress of media freedom in newly democratic states, especially within Eastern Europe. The role of the media in the democratization process and methods for promoting freedom of the media were examined as well. Witnesses testifying at the hearing – including David Webster, Chairman of the Trans-Atlantic Dialogue on European Broadcasting and Sandra Pralong, President of Democracy Works – detailed several major values that a free media promotes in the democratic process, including peaceful social change, education of the democratic electorate, dissenting opinions about the government and society in general, and transparency of political corruption.
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briefing
Nagorno-Karabakh
Friday, July 29, 1994In this briefing, which CSCE Staff Director Samuel G. Wise chaired, the focus was on the conflict that had then recently transpired between the countries of Armenia and Azerbaijan. More specifically, the two countries had had a territorial dispute regarding the area of Nagorno-Karabakh. This dispute had manifested itself into all-out violence that had claimed around 15 million lives at the time of the briefing, as well as creating well over a million refugees. The briefing was the fifth in a series of briefings and hearings that the Helsinki Commission had held since 1988 regarding Nagorno-Karabakh. Fortunately, also at the time of this briefing, there had been very few armed clashes for a couple of months, and the warring factions had observed an informal cease fire. Actually, just three days prior to the briefing, the Defense Ministers of Armenia, Azerbaijan, and Nagorno-Karabakh jointly noted the success of the cease fire and looked forward to a more comprehensive resolution of the conflict. With this decrease in violence, attention had shifted to the international diplomatic plane. The CSCE and the Russians had put forward at least somewhat similar cease fire plans, albeit with competition for adherence. The ultimate end of both approaches was a broader agreement about the status of Nagorno-Karabakh and making peace in the region. The purpose of the briefing, then, was to discuss the possible framework of a political settlement.
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briefing
Banned Turkish Parliamentarians Discuss State of Democracy in Turkey
Friday, July 01, 1994The briefing addressed the limitations of free speech in Turkey, which fell victim to the government’s war against the Kurdish minority. The Commission brought to attention the arrests and detention of Democracy Party parliamentarians and others who spoke out in support of rights for Turkey’s Kurdish citizens, which brought the Turkish government’s commitment to free speech and other basic human rights into question. On June 16th, the Democratic Part was banned by the Turkish Constitutional Court. Remzi Kartal, a member of Turkish Parliament, was among those who were forced to flee the country as a result. He was joined by Ali Yigit, a member of the Turkish Parliament who was also stripped of his status. At the briefing, Kartal and Yigit jointly addressed the political and economic problems in Turkey, centered on the 20 million Turkish Kurds who do not have a voice in Turkey’s government.
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briefing
Crime and Corruption in Russia
Friday, June 10, 1994The rationale of this briefing, which Commission Staff Director Sam Wise presided over, was that of a marked increase of crime in Russia. At the time of this briefing, crime had become the dominant subject in Russian politics. Unsurprisingly, the extent of crime in Russia had significant implications for its society, specifically for hte viability of the state. In fact, President Yeltsin had called crime the Russian state’s gravest threat. A question that Wise brought up in the briefing was the possibility of criminals taking over the Russian Federation’s government. Another possibility that Wise mentioned was election of authoritarian, repressive leaders who would make Russia safe. Witnesses in the briefing included Dr. Louise Shelly of American University’s Department of Justice, Law and Society, and Stephen Handelman, Associate Fellow at the Harriman Center of Columbia University.
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briefing
Doing Business in Russia and the NIS: Opportunities and Obstacles
Friday, June 03, 1994Jane Fisher, Deputy Staff Director of the Helsinki Commission, presided this briefing focused on trade and doing business in the Newly Indipendent States of the former Soviet Union. It was the third in a series of briefings by the Commission on NIS. The Helsinki Accords cover human rights, security, and economic cooperation, and when the countries of the former Soviet Union were making the transition to democracy, the Commission put a greater emphasis on trade and economic cooperation. Russia and the Newly Independent States had a great potential market. They had enormous natural resources, large consumer markets, and a huge potential for trade and investments. Ms. Fisher was joined by a distinguished panel of experts who have been directly involved in business development in the formet Soviet Union: Dr. Richard Rahn, President and Chief executive officer of Novecon; Edward Chow, Director of International Affairs for Chevron Overseas Petroleum; and Joseph Barker, Vice Presidentof Ryland Trading. They described their experiences and shared their views on the opportunities and hazards of doing business in Russia and the NIS.
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publication
Human Rights and Democratization in Romania
Wednesday, June 01, 1994Romania's ongoing journey toward democracy is generally viewed, even by the government of Romania, as slower and more circuitous than that of its neighbors. Romania has certainly had farther to go; Nicolae Ceausescu's regime was the most repressive and demoralizing of the Warsaw Pact countries. Yet Romania's gloomy distinctiveness carried into the post-Ceausescu era. The Romanian revolution of December 1989 was the bloodiest of the region. The early months of 1990 were marked by confusion and tension, including violent inter-ethnic clashes. The first free elections of May 1990 were tainted by serious irregularities in the campaign period; one month later, thousands of pro-government miners rampaged through Bucharest, bludgeoning anti-communist demonstrators and ransacking opposition party headquarters. This report examines the developments in the areas of human rights and democracy in post-Ceausescu Romania.
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hearing
Russia and its Neighbors
Tuesday, May 24, 1994Dennis Deconcini (D-AZ) and other legislators discussed Russia’s relations with its neighboring countries. More specifically, concerning democratic reform, the hearing contrasted the economic criteria of privatization, the rate of inflation, currency emission, and subsidies to enterprises with Moscow’s policies vis-à-vis its neighbors. Of course, Russia’s neighbors are referred to as the New Independent States, and, as Deconcini argues, it is problematic when Russia militarily or economically coerces its neighbors to enter into unwanted, yet inevitable, political, security, or economic relationships.
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briefing
Russia and NATO: Moscow’s Foreign Policy and the Partnership for Peace
Friday, May 06, 1994This briefing examined what role Russia would play in the Partnership for Peace and NATO. It also looks at human rights concerns as well as military, security, and economic relations bewteen Russia and the West. Several complexities of this situation in the context of the post-communist period were addressed. Witnesses testifying at the briefing – including Lawrence DiRita, Deputy Director of Foreign and Defense Policy for the Heritage Foundation and Dr. Phillip Petersen, Principle Researcher for the Potomac Foundation – evaluated the Partnership for Peace Framework, which worked towards establishing partnerships with a number of European country, including those of the former Soviet Union. The role of Russian policy in this partnership was an especially debated topic.
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briefing
CSCE to Examine Repression against Evangelicals in Former Soviet Union
Wednesday, February 16, 1994Chris Smith, ranking Republican on the Commission on Security and Cooperation in Europe, addressed both the opportunities for democratic, economic, and social reforms in Eastern Europe and the former Soviet Union, and the difficulties of achieving these reforms presented by renewed tensions based on nationality and religion. The rise of extreme nationalism was cited as a key factor in the rise of religious intolerance in this region. Witnesses testifying at the briefing – including Boris Pechatkin and Edward Zawistowski of the Russian-American Institute for Adaption, and Lauren Homer, Director of Law and Liberty Trust – addressed the difficulties that have been encountered in ending religious prosecution following the fall of the Soviet Union. The impact of a breakdown of law and order in the countries of Eastern Europe was evaluated as a mechanism for religious injustice.
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publication
Russia's Parliamentary Election and Constitutional Referendum
Wednesday, December 01, 1993This report is based on a Helsinki Commission staff delegation to Russia to observe the December 12, 1993 parliamentary election and constitutional referendum. Because of the importance of the event, and because charges had been leveled of improprieties and unfair access to the media, the Commission sent five staff members to Russia to observe the process for a period of more than two weeks. Michael Ochs and Orest Deychak went to Russia two weeks before the voting to monitor the pre-election campaign. The Commission's Senior Advisor, David Evans, and staff members John Finerty and Heather Hurlburt, arrived subsequently and remained through December 12, when they monitored balloting in various cities and regions. Despite a number of problems and irregularities, both during the campaign and the voting, the Helsinki Commission believes that the Russian voters were able to express their political will freely and fairly. The Russians have made genuine progress in bringing their electoral procedures into conformity with international standards, and the election itself represents a significant step in the ongoing process of democratization in Russia.
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hearing
The Current State and Future Prospects of Democracy in Russia
Wednesday, November 03, 1993As its name suggests, this hearing, which Steny H. Hoyer presided over, dealt with the prospect for the implementation of democratic institutions in the former Soviet Union. In addition, though, part of the hearing focused on the Russian legislature’s dissolution after the presidency of Mikhail Gorbachev (i.e. post-Communism), as well as, of course, Russia and its formerly incorporated countries’ courses for the future. Witnesses who attended this hearing were: Michael Dobbs, Resident Scholar at the Wilson Center’s Kennan Institute; Dr. Leon Aron, Resident Scholar at the American Enterprise Institute; and Dr. Robert Krieble, Chairman of the Krieble Institute of the Free Congress Foundation.
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publication
CSCE Implementation Meeting on Human Dimension Issues
Friday, October 15, 1993Against a backdrop of savage conflicts in Bosnia-Herzegovina, Nagorno Karabakh, and Georgia, attendant refugee crises throughout the region, and a wave of sometimes violent racism and xenophobia even in long-established European democracies, the participating states of the Conference on Security and Cooperation in Europe (CSCE) met in Warsaw, Poland in 1993 for the first biannual Implementation Meeting on Human Dimension Issues As specified by the 1992 Helsinki Document, the meeting included a thorough exchange of views on the implementation of Human Dimension commitments, consideration of ways and means of improving implementation, and an evaluation of the procedures for monitoring compliance with commitments. The dramatic unfolding over the course of the meeting of the showdown within the Russian government-- culminating in the shelling of the Russian Parliament building by government troops-- served as a sober reminder to participants of the vulnerability of democracy in transition and the importance of shoring up Human Dimension compliance.
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publication
Human Rights and Democratization in Bulgaria
Wednesday, September 01, 1993The Helsinki Commission's last comprehensive report on Bulgarian CSCE implementation was published in 1988. (The Commission also published a report in 1991 on the ethnic Turkish minority in Bulgaria). At that time, Bulgaria was in violation of many of its CSCE commitments. Its human rights record was among the worst of the Helsinki signatory states. Clearly, much has changed since then. Since the fall of communism in November 1989, Bulgaria has made impressive strides towards becoming a democratic state based on the rule of law. Bulgaria is experiencing a rare historical opportunity in which it can genuinely forge its own fate. Unshackled from the external Soviet empire of communist rule with which it had especially close links, Bulgaria is developing a democratic, rule of law state where the rights of all of its citizens are being met with greater respect. While Bulgaria faces considerable problems in its post-communist transition, and will continue to in the foreseeable future, it is doing much better than most of its Balkan neighbors. Moreover, it is exceeding the expectations of those who until recently viewed Bulgaria through the prism of being the Soviet Union's “16th republic” and the home of papal assassination plots and forcible assimilation campaigns. Despite its very real problems, Bulgaria is indicating that it is more tolerant, pluralistic, democratic and stable than many would have supposed.
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event
Ethnic Violence in Trans-Caucasia
Wednesday, August 11, 1993Chairman Dennis DeConcini addressed rising ethnic violence in Armenia, Azerbaijan and Georgia and emphasized this region as more violent than other post-Soviet states. He referred to the continuing violence in Abkhazia, a separatist region in Georgia, and the rising concerns about further deterioration of stability in the region and Russia’s role in the conflict. Witnesses - Dr. Paul Henze, Ross Vartian, Mourad Topalian, Ambassador Hafiz Pashayev, and Ambassador John Maresca - highlighted the conflict between proponents of self-determination and governments insisting on territorial integrity and the difficulty of negotiating with sides that see completely different situations.
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publication
The CSCE's High Commissioner for National Minorities
Tuesday, June 01, 1993The 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.
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hearing
Situations of Kurds in Iran, Iraq, and Turkey
Monday, May 17, 1993This 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.
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briefing
Situation of Kurds in Iran, Iraq, and Turkey
Monday, May 17, 1993The 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.
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briefing
Human Rights in Turkey Part 2
Monday, April 05, 1993In this briefing, Mary Sue Hafner, Deputy Staff Director to the Commission, addresses the state of human rights in Turkey and its failure to build effective, enduring democratic institutions. Hafner highlights the most pressing issues as being torture, the rights of minorities, freedom of expression, and freedom of association. This continuation of the transcript includes Maryam Elahi’s and Namik Tan’s statements on the human rights conditions in Turkey in 1993. Elahi summarizes Amnesty International’s concerns regarding Turkey’s increase in torture, its extrajudicial killings and “disappearances,” and the general targeting of minorities and opposition members. Tan emphasizes the dissolution of the Soviet Union as catalyzing the instability in the region surrounding Turkey and insisted on the importance of Turkey’s security to the West.
Title
Title
“I disapprove of what you say, but I will defend
to the death your right to say it.”
– Voltaire
By Erika Schlager
CSCE Counsel on International Law
On June 16 and 17, 2004, the Organization for Security and Cooperation in Europe’s participating States met in Paris for a meeting on “the Relationship between Racist, Xenophobic and Anti-Semitic Propaganda on the Internet and Hate Crimes.” The meeting was part of an OSCE focus this year on racism, xenophobia, discrimination, and anti-Semitism and, like two other special human dimension meetings scheduled for this year, was mandated by the OSCE Ministerial Meeting held Maastricht last December.
Conferences on anti-Semitism (held in Berlin, April 28-29) and racism, discrimination and xenophobia (to be held in Brussels, September 13-14) are intended to build on high-level meetings already held last year in Vienna on those same subjects. The Paris meeting focused on a specific issue – the Internet - related to the overall topic.
The convocation of a special meeting on the relationship between racist, xenophobic and anti-Semitic propaganda on the Internet and hate crimes was the product of advocacy by non-governmental organizations such as IN@CH, the International Network Against Cyber Hate, and the leadership of the Government of France. IN@CH had previously raised awareness of the problem of hate mongering on the Internet at the OSCE’s annual Human Dimension Implementation Meeting in 2002 and, at the 2003 Human Dimension Implementation Meeting, hosted a side-event on the subject. Historically, the OSCE has been most effective when governments gain a sense of ownership of an issue and exercise leadership in moving it forward. Non-governmental organizations typically play a critical role in identifying concrete human rights problems and bringing them to the attention of governments.
The U.S. Delegation to the Paris meeting was jointly led by Ambassador Stephan M. Minikes, head of the U.S. Mission to the OSCE; R. Alexander Acosta, Assistant Attorney General for Civil Rights; and Dan Bryant, Assistant Attorney General for Legal Policy. Markham Erickson, General Counsel from Net Coalition; Brian Marcus, Director of Internet Monitoring; Anti-Defamation League, and Ronald Rychlak, Professor of Law and Associate Dean, University of Mississippi Law School, joined the delegation as Public Members.
Other members of the delegation came from the Department of State, the Department of Justice, and the Helsinki Commission. The United States Delegation engaged fully in the 2-day meeting, making presentations in all formal sessions and side events, holding bilateral meetings, and conducting consultations with non-governmental organizations. Assistant Attorney General Dan Bryant was a keynote speaker.
Although the meeting was mandated to examine the relationship between hate propaganda on the Internet and hate crimes, few participants actually discussed the nexus between these two phenomena. For many participants, the existence of a cause-and-effect relationship was simply an article of faith or intuition, and did not lead to an exploration of the nature of that relationship. As a consequence, the meeting made only a marginal contribution to an understanding of which populations might be most vulnerable to the influence of hate propaganda, whether hate propaganda on the Internet fosters some particular kinds of hate crimes more than others, or whether the effect of hate propaganda on the Internet plays a different role in fostering violent crimes than, for example, weak law enforcement or public officials who make or refuse to condemn racist, anti-Semitic or xenophobic remarks. It is not clear whether web-based hate propaganda is related to spikes in hate crimes that have occurred in some countries in recent years, or why, as seems to be the case, some places with unfettered Internet access have relatively lower levels of hate crimes than other places with similarly unfettered Internet access.
Nevertheless, participants did address a broad range of subjects related to hate propaganda, hate crimes and the Internet over the course of the two days. Formal sessions focused on “Legislative Framework, Including Domestic and International Legislation Regarding Propaganda on the Internet and Hate Crimes,” “The Nature and Extent of the Relationship between Racist, Xenophobic and anti-Semitic Propaganda on the Internet and Hate Crimes,” “Public and Private Partnerships in the Fight Against Racism, Xenophobia and Anti-Semitism on the Internet – Best Practices,” and “Promoting Tolerance on and through the Internet – Best Practices to Educate Users and Heighten Public Awareness.” Side events were held on “Guaranteeing Media Freedom on the Internet,” “‘The IN@CH Network’ - Dealing with Cyber Hate on a Daily Basis,” “Identifying Examples of Hate Speech: A BBC Monitoring Project,” “Filtering: Princip, the Solution that goes beyond Key Words,” “Satellite Television and Anti-Semitism: How to Combat the Dissemination in Europe of Racist and Anti-Semitic Propaganda through Satellite Television?” and “Promoting Awareness of Anti-Semitism in the European Classroom: Teacher Training, Curricula, and the Internet.”
A number of speakers, including U.S. Government representatives, discussed the legal mechanisms for action that might be taken when hate propaganda rises to the level of a crime in and of itself, such as when the hate propaganda constitutes a threat or incitement to a criminal action. Many speakers discussed the role of non-governmental organizations in monitoring and facilitating the removal of hate sites from the web when they violate the terms of agreements with their Internet service providers (ISPs). Some participants described ways in which the pernicious effects of hate speech can be mitigated or countered. For example, a Canadian non-governmental organization, Media Awareness Network, made a presentation on programs in Canadian schools designed to teach children to distinguish between hate propaganda sites and legitimate information sources. Vividly illustrating the challenges and risks for those organizations which monitor and report on the activities of extremist hate groups, the offices of People Against Racism, a Slovak non-governmental organization that participated in Paris meeting, were burned out only weeks before the meeting opened.
Although there was broad agreement on the goal of combating hate propaganda, some participants flagged concerns about the methods that might be used to that end. For example, industry representatives provided some insight regarding difficulties faced due to the technological challenges of tracking, filtering, or blocking hate propaganda transmitted through the Internet, emails, or text messaging. Some concepts of regulation, they argued, could not be effectively implemented given the state of current technology. Asking ISPs to be responsible for screening all content on the web is not feasible, anymore than making telephone companies responsible for everything that gets said over the telephone.
A few participants drew attention to factors other than hate propaganda on the Internet that may contribute to hate crimes. A Russian non-governmental representative, for example, remarked that there was more anti-Semitism in the Russian State Duma than on Russian-language web sites. And, illustrating the complexities of deciding exactly what constitutes hate propaganda, one non-governmental representative argued that evangelical Christian sites that reach out to Jews should be considered anti-Semitic. Similarly, the Russian delegation identified the web sites of the Jehovah’s Witnesses and Hare Krishnas as “promoting hate doctrines.”
Other concerns were voiced as well. Some non-governmental groups suggested that ISPs were ill-suited to determine whether web sites constituted hate propaganda or not. One described an ISP that removed an innocuous site devoted to English philosopher John Stuart Mill after that non-governmental organization – testing the bases upon which ISPs would act – urged the ISP to take down the allegedly racist site. Regulation of hate propaganda by ISPs, they concluded, lacked transparency and accountability.
Some speakers warned that combating hate propaganda could be used as a pretense for sanctioning views disfavored by the regime. The International League for Human Rights suggested that states with “weak democratic institutions and traditions” should not be entrusted with additional powers of control beyond those that already exist. Indeed, some speakers argued there have already been instances where laws against incitement to racial hatred (or similar laws) have been misapplied for political or other purposes. The ongoing fight against terrorism, they suggested, increases that danger. In fact, only days after the Paris meeting concluded [June 22], the Paris-based watchdog Reporters without Borders released a report entitled “Internet Under Surveillance,” documenting repression of the Internet around the globe. One of the U.S. recommendations made during the meeting was that the OSCE Representative on Freedom of the Media should examine whether hate speech laws are being enforced in a discriminatory or selective manner or misused to suppress political dissent. The full texts of statements circulated at the Paris meeting by the United States and other participants are available through the OSCE’s Internet web site at http://www.osce.org/events/conferences/anti-racism.
One of the sub-texts of the meeting was the putative “Atlantic Divide.” In the context of discussions of “cyber hate” and hate crimes, this phrase was used to describe the perceived gulf between the United States’ and Europe’s approaches to hate propaganda. According to the adherents of the “Atlantic divide” theory, the United States is a free-speech Wild West, where speech has no limitations or legal consequences. “Europe,” in contrast, is portrayed as a unified region speaking with one voice, populated by those who have wisely learned from the horrors of World War II that dangerous speech can and must be sanctioned and that governments are easily capable of performing this task and do so as a matter of course. The “Atlantic Divide” perception was fostered by Robert Badinter, former French Minister of Justice and current president of the OSCE Court of Arbitration and Conciliation, who, in a keynote address, dramatically appealed to the United States to “stop hiding behind the first amendment.”
Others, however, implicitly or explicitly rejected this overly simplistic image. In the United States, a long chain of legal authority recognizes that the right to free speech and freedom of expression is not absolute. As U.S. Public Member Robert Rychlak noted, “When speech crosses the line and becomes more than speech – when it presents a clear and present danger – the authorities must be prepared to step in and take legal action. At that time, the speech may constitute an actual threat, true harassment, or be an incitement to imminent lawlessness.” Department of Justice officials separately gave examples of numerous recent cases where individuals were prosecuted for sending email messages that rose to the level racially motivated threats. While it is important not to over-read these or related cases – criminal sanctions based purely on one’s opinion remain prohibited – they should dispel the misimpression that there are no limitations whatsoever on speech or the consequences of speech in the United States.
Conversely, the context of the meeting also provided an opportunity to reflect on the image of Europe as a continent uniformly bound in a single regulatory approach to hate speech. In reality, the national laws relating to hate speech of individual European countries vary considerably; what constitutes prohibited speech in one country may be permitted in the next. Moreover, both national courts and the European Court of Human Rights apply balancing tests to speech restrictions that, while not identical to balancing tests applied by U.S. courts, are not entirely dissimilar. The Hungarian Constitutional Court, for example, in May 2004 held that a proposed hate speech law would violate the free speech provisions of the Hungarian Constitution. Just before the opening of the Paris meeting, on June 13, the French Constitutional Council struck down parts of a new law governing communication over the Internet (adopted to implement a June 8, 2000, European Union directive on electronic commerce).
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.