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statement
OSCE Representative Cites Threats to Free Media
Wednesday, June 09, 2010Mr. HASTINGS of Florida. Madam Speaker, as Co-Chairman of the Helsinki Commission, I wish to draw the attention of colleagues to the timely and informative testimony of the OSCE Representative on Freedom of the Media, Dunja Mijatovic, who testified earlier today at a Commission hearing on ``Threats to Free Media in the OSCE Region.'' She focused on various threats to journalists and independent media outlets, including physical attacks and adoption of repressive laws on the media as well as other forms of harassment. Most troubling is the murder of journalists because of their professional activities. According to the U.S.-based Committee to Protect Journalists, 52 journalists have been killed in Russia alone since 1992, many reporting on corruption or human rights violations. Ms. Mijatovic also flagged particular concern over existing and emerging threats to freedom on the Internet and other communications technologies. She also voiced concern over the use of criminal statutes on defamation, libel and insult which are used by some OSCE countries to silence journalists or force the closure of media outlets. With respect to the situation in the United States, she urged adoption of a shield law at the federal level to create a journalists' privilege for federal proceedings. Such a provision was part of the Free Flow of Information Act of 2009, which passed the House early in the Congress and awaits consideration by the full Senate. As one who has worked to promote democracy, human rights and the rule of law in the 56 countries that comprise the OSCE, I share many of the concerns raised by Ms. Mijatovic in her testimony and commend them to colleagues. ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE REPRESENTATIVE ON FREEDOM OF THE MEDIA (By Dunja Mijatovic) [From the Helsinki Commission Hearing on the Threats to Free Media in the OSCE Region, June 9, 2010] Dear Chairmen, Distinguished Commissioners, Ladies and Gentlemen, I am honored to be invited to this hearing before the Helsinki Commission at the very beginning of my mandate. I feel privileged to speak before you today. The Helsinki Commission's welcoming statement issued on the day of my appointment is a clear manifestation of the strong support you continuously show toward the work of this unique Office, and I assure you, distinguished Commissioners, that this fact is very much appreciated. It will be three months tomorrow since I took office as the new Representative on Freedom of the Media to the OSCE. Even though three months may sound short, it has proved more than enough to gain a deep insight, and unfortunately also voice concerns, about the decline of media freedom in many of the 56 countries that today constitute the OSCE. Although the challenges and dangers that journalists face in our countries may differ from region to region, one sad fact holds true everywhere: The freedom to express ourselves is questioned and challenged from many sides. Some of these challenges are blatant, others concealed; some of them follow traditional methods to silence free speech and critical voices, some use new technologies to suppress and restrict the free flow of information and media pluralism; and far too many result in physical harassment and deadly violence against journalists. Today, I would like to draw your attention to the constant struggle of so many institutions and NGOs around the world, including your Commission and my Institution, to combat and ultimately stop violence against journalists. I would also like to address several other challenges that I want to place in the center of my professional activities, each of which I intend to improve by relentlessly using the public voice I am now given at the OSCE. Let me first start with violence against journalists. Ever since it was created in 1997, my Office has been raising attention to the alarming increase of violent attacks against journalists. Not only is the high number of violent attacks against journalists a cause for concern. Equally alarming is the authorities' far too-prevalent willingness to classify many of the murders as unrelated to the journalists' professional activities. We also see that more and more often critical speech is being punished with questionable charges brought against the journalists. Impunity of perpetrators and the responsible authorities' passivity in investigating and failing to publicly condemn these murders breeds further violence. There are numerous cases that need to be raised over and over again. We need to continue to loudly repeat the names of these courageous individuals who lost their lives for the words they have written. I am sorry for all those whom I will not mention today; but the names that follow are on the list that I call ``the Hall of Shame'' of those governments that still have not brought to justice the perpetrators of the horrifying murders that happened in their countries. The most recent murder of a journalist in the OSCE area is the one of the Kyrgyz opposition journalist Gennady Pavlyuk (Bely Parokhod), who was killed in Kazakhstan in December last year. It gives me hope that the new Interim Government of Kyrgyzstan has announced to save no efforts to bring the perpetrators to justice, as well as those involved in the 2007 murder of Alisher Saipov (Siyosat). The Russian Federation remains the OSCE participating State where most members of the media are killed. Paul Klebnikov (Forbes, Russia), Anna Politkovskaya (Novaya Gazeta), Anastasia Baburova (Novaya Gazeta), are the most reported about, but let us also remember Magomed Yevloyev (Ingushetiya), Ivan Safronov (Kommersant), Yury Shchekochikhin (Novaya Gazeta), Igor Domnikov (Novaya Gazeta), Vladislav Listyev (ORT), Dmitry Kholodov (Moskovsky Komsomolets) and many others. We also should not forget the brutal murders of the following journalists, some remain unresolved today: Hrant Dink (Agos) Armenian Turkish journalist was shot in 2007 in Turkey. Elmar Huseynov (Monitor) was murdered in 2005 in Azerbaijan. Georgy Gongadze (Ukrainskaya Pravda) was killed in 2000 in Ukraine. In Serbia, Slavko Curuvija (Dnevni Telegrat) was murdered in 1999, and Milan Pantic (Vecernje Novosti) was killed in 2001. In Montenegro, Dusko Jovanovic (Dan), was shot dead in 2004. In Croatia, Ivo Pukanic (Nacional) and his marketing director, Niko Franjic, were killed by a car bomb in 2008. Violence against journalists equals violence against society and democracy, and it should be met with harsh condemnation and prosecution of the perpetrators. There can be no improvement without an overhaul of the very apparatus of prosecution and law enforcement, starting from the very top of the Government pyramid. There is no true press freedom as long as journalists have to fear for their lives while performing their work. The OSCE commitments oblige all participating States to provide safety to these journalists, and I will do my best to pursue this goal with the mandate I am given and with all professional tools at my disposal. We also observe another very worrying trend; more and more often the imprisonment of critical journalists based on political motivations including fabricated charges. Let me mention some cases: In Azerbaijan, the prominent editor-in-chief of the now-closed independent Russian-language weekly, Realny Azerbaijan, and Azeri-language daily, Gundalik Azarbaycan, Eynulla Fatullayev was sentenced in 2007 to a cumulative eight-and-a-half years in prison on charges on defamation, incitement of ethnic hatred, terrorism and tax evasion. The European Court of Human Rights (ECtHR) found Azerbaijan in violation of Article 10 and Article 6, paragraphs 1 and 2 of the European Convention on Human Rights, so there is only one possible outcome--Fatullayev should be immediately released. In Kazakhstan, Ramazan Yesergepov, the editor of Alma-Ata Info, is serving a three-year prison term on charges of disclosing state secrets. Emin Milli and Adnan Hajizade, bloggers from Azerbaijan, are serving two and a half years and two years in prison respectively since July 2009 on charges of hooliganism and infliction of light bodily injuries. In Uzbekistan, two independent journalists, Dilmurod Saiid (a freelancer) and Solijon Abdurahmanov (Uznews), are currently serving long jail sentences (twelve-and-a-half-years and ten years) on charges of extortion and drug possession. I will continue to raise my voice and demand the immediate release of media workers imprisoned for their critical work. I join Chairman Cardin for commending independent journalists in the Helsinki Commission's recent statement on World Press Freedom Day. These professionals pursue truth wherever it may lead them, often at great personal risk. They indeed play a crucial and indispensable role in advancing democracy and human rights. By highlighting these murder and imprisonment cases, by no means do I intend to neglect other forms of harassment or intimidation that also have a threatening effect on journalists. Let me just recall that, with the heightened security concerns in the last decade, police and prosecutors have increasingly raided editorial offices, journalists' homes, or seized their equipment to find leaks that were perceived as security threats. Suppression and restriction of Internet Freedom Turning to the problems facing Internet freedom, we can see that new media have changed the communications and education landscape in an even more dramatic manner than did the broadcast media in the last half century. Under my mandate, the challenge has remained the same: how to safeguard or enhance pluralism and the free flow of information, both classical Helsinki obligations within the OSCE. It was in 1998 that I read the words of Vinton G. Cerf in his article called ``Truth and the Internet''. It perfectly summarizes the nature of the Internet and the ways it can create freedom. Dr. Cerf calls the Internet one of the most powerful agents of freedom: It exposes truth to those who wish to see it. But he also warns us that the power of the Internet is like a two-edged sword: it can also deliver misinformation and uncorroborated opinion with equal ease. The thoughtful and the thoughtless co-exist side by side in the Internet's electronic universe. What is to be done, asks Cerf. His answer is to apply critical thinking. Consider the Internet as an opportunity to educate us all. We truly must think about what we see and hear, and we must evaluate and select. We must choose our guides. Furthermore, we must also teach our children to think more deeply about what they see and hear. That, more than any electronic filter, he says, will build a foundation upon which truth can stand. Today, this foundation upon which truth could indeed so firmly stand is under continuous pressure by governments. As soon as governments realized that the Internet challenges secrecy and censorship, corruption, inefficiency and bad governing, they started imposing controls on it. In many countries and in many ways the effects are visible and they indeed threaten the potential for information to circulate freely. The digital age offers the promise of a truly democratic culture of participation and interactivity. Realizing that promise is the challenge of our times. In the age of the borderless Internet, the protection of the right to freedom of expression ``regardless of frontiers'' takes on a new and more powerful meaning. In an age of rapid technological change and convergence, archaic governmental controls over the media are increasingly unjust, indefensible and ultimately unsustainable. Despite progress, many challenges remain, including the lack of or poor quality of national legislation relating to freedom of information, a low level of implementation in many OSCE member states and existing political resistance. The importance of providing free access for all people anywhere in the world cannot be raised often enough in the public arena, and cannot be discussed often enough among stakeholders: civil society, media, as well as local and international authorities. Freedom of speech is more than a choice about which media products to consume. Media freedom and freedom of speech in the digital age also mean giving everyone--not just a small number of people who own the dominant modes of mass communication, but ordinary people, too--an opportunity to use these new technologies to participate, interact, build, route around and talk about whatever they wish--be it politics, public issues or popular culture. The Internet fundamentally affects how we live. It offers extraordinary opportunities for us to learn, trade, connect, create and also to safeguard human rights and strengthen democratic values. It allows us to hear each other, see each other and speak to each other. It can connect isolated people and help them through their personal problems. These rights, possibilities and ideals are at the heart of the Helsinki Process and the OSCE principles and commitments that we share. We must find the best ways to spread access to the Internet, so that the whole world can benefit from what it can offer, rather than increasing the existing gaps between those who have access to information and those who do not. And to those governments who fear and distrust the openness brought along by the Internet, let me emphasize over and over again: The way a society uses the new communications technologies and how it responds to economic, political and cultural globalization will determine the very future of that society. Restrict access to information, and your chances to develop will become restricted. Open up the channels of free communication, and your society will find ways to prosper. I was delighted to hear Secretary of State Clinton speak about a basic freedom in her January speech on Internet freedom in the ``Newseum''. This freedom is the freedom to connect. Secretary Clinton rightly calls this freedom the freedom of assembly in cyber space. It allows us to come together online, and shape our society in fundamental ways. Fame or money is no longer a requisite to immensely affect our world. My office is rapidly developing a comprehensive strategy to identify the main problems related to Internet regulation in the 56 countries of the OSCE, and ways to address these issues. I will count on the support of the Helsinki Commission to advance the universal values that this strategy will attempt to extend to those countries where these values are still being questioned. Let me also mention the importance to protect the freedom of other new technologies. Only two weeks ago, my Office organized the 12th Central Asia Media Conference in Dushanbe, Tajikistan, where media professionals from all five Central Asian countries adopted a declaration on access to information and new technologies. This document calls on OSCE governments to facilitate the freer and wider dissemination of information, including through modern information and communication technologies, so as to ensure wide access of the public to governmental information. It also reiterates that new technologies strengthen democracy by ensuring easy access to information, and calls upon state institutions with legislative competencies to refrain from adopting new legislation that would restrict the free flow of information. And only this spring my Office published a guide to the digital switchover, to assist the many OSCE countries where the switch from analogue to digital will take place in the next five years. The aim of the guide is to help plan the digitalization process, and help ensure that it positively affects media freedom, as well as the choice and quality available to the audience. Besides advocating the importance of good digitalization strategies, I will also use all available fora to raise attention to the alarming lack of broadcast pluralism, especially television broadcast pluralism, in many OSCE countries. As television is the main source of information in many OSCE regions, we must ensure that the laws allow for diverse, high-quality programs and objective news to easily reach every one of us. Only well-informed citizens can make good choices and further democratic values. Whether we talk about Internet regulation, inventive ways to switch to digital while preserving the dominance of a few selected broadcasters, attempts to limit access to information or broadcast pluralism, we must keep one thing in mind: No matter what governments do, in the long run, their attempts to regulate is a lost battle. People always find ways to obtain the rights that are denied to them. History has shown this over and over again. In the short run, however, it is very clear that I will intervene with governments which try to restrict the free flow of information. Defamation Similar to fighting violence against journalists, my Office has been campaigning since its establishment in 1997 to decriminalize defamation and libel in the entire OSCE region. Unfortunately, in most countries, defamation is still punishable by imprisonment, which threatens the existence of critical speech in the media. This is so despite the consistent rulings of the European Court of Human Rights in Strasbourg, stating that imprisonment for speech offences, especially when committed by criticizing public figures, is a disproportionate punishment. Let us again remind ourselves of the journalists and bloggers I have mentioned above when discussing violence against journalists. They are currently in prison because their writing was considered defamatory. Their fate reminds us all of the importance of the right to freely speak our mind. This problem needs urgent reform not only in the new, but also in the old democracies of the OSCE. Although the obsolete criminal provisions have not been used in Western Europe for decades, their ``chilling effect'' remained. Furthermore, the mere existence of these provisions has served as a justification for other states that are unwilling to stop the criminalization of journalistic errors, and instead leave these offenses solely to the civil-law domain. Currently, defamation is a criminal offence in all but ten OSCE countries--my home country Bosnia and Herzegovina, Cyprus, Estonia, Georgia, Ireland, Moldova, Romania, Ukraine, the United Kingdom and the United States. Last year, three OSCE countries decriminalized defamation, which I consider to be an enormous success: Ireland, Romania and the United Kingdom; the last being the first among the Western European participating States to officially decriminalize defamation. Some other countries, such as Armenia, are currently reforming their defamation provisions, and I hope that I can soon welcome the next country that carries out this important and very long overdue reform. Concluding remarks Dear Chairmen, Dear Commissioners, Ladies and Gentlemen, The above problematic areas--violence against journalists, restrictions of new media including the Internet, lack of pluralism and resistance to decriminalize defamation--are among the most urgent media freedom problems that need our attention and concentrated efforts today. However, we will also not forget about the many other fields where there is plenty of room to improve. Of course, I will not miss the excellent opportunity that we are here together today to raise your attention to the topic that my distinguished predecessor, Miklos Haraszti, has already raised with you: the establishment and the adoption of a federal shield law in the United States. As you know, my Office has been a dedicated promoter of the federal shield law for many years. If passed, the Free Flow of Information Act would provide a stronger protection to journalists; it could ensure that imprisonments such as that of Judith Miller in 2005, and Josh Wolf in 2006, could never again take place and hinder investigative journalism. But the passage of such legislation would resonate far further than within the borders of the United States of America. It could send a very much needed signal and set a precedent to all the countries where protection of sources is still opposed by the government and is still not more than a dream for journalists. I respectfully ask all of you, distinguished Commissioners, to continue and even increase your efforts to enable that the Free Flow of Information Act soon becomes the latest protector of media freedom in the United States. And of course I cannot close my speech without mentioning my home country, Bosnia and Herzegovina. As you know, not only Bosnia and Herzegovina, but also most of the emerging democracies in the Balkans enjoy modern and forward-looking media legislation. We can openly say that they almost have it all when it comes to an advanced legal and regulatory framework enabling free expression to thrive. But it is not that simple. I use this moment to pose several questions: if there are good laws, then why do we still face severe problems in relation to media freedom, why do we stagnate and sometimes even move backward? Where does the problem lie? And, more importantly, how can we solve it and move ahead? What Bosnia and Herzegovina shows us is that good laws in themselves are not enough. Without their good implementation, they are only documents filled with unrealized potential. In countries that struggle with similar problems, we must stress over and over again: without the full implementation of valid legislation, without genuine political will, without a comprehensive understanding of the media's role in a functioning democracy, without the creation of a safe environment for journalists to do their work, and without true commitment by all actors, these countries risk falling far behind international standards. Apart from unmet expectations and disillusioned citizens, we all know that the consequences of politicized and misused media could be very serious. In conclusion, let me assure you, dear Commissioners, that I will not hesitate to openly and vigorously remind any country of their responsibilities toward implementing the OSCE commitments to the freedom of the media. I am also asking you to use this opportunity today and send a clear message to the governments of all OSCE countries to do their utmost to fully implement their media legislation safeguarding freedom of expression. The governments have the power to create an environment in which media can perform their unique role free of pressures and threats. Without this, no democracy can flourish. Thank you for your attention.
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hearing
Mitigating Inter-Ethnic Conflict in the OSCE Region
Tuesday, May 04, 2010This hearing, presided over by Sen. Benjamin Cardin, discussed the Helsinki Process’s role in mitigating inter-ethnic conflict in the OSCE region. The hearing discussed the situation in Kyrgyzstan, ethnic conflicts in the Caucasus, the still-lingering effects of the 1944 mass deportation of Crimean minorities, and ethnic cleansing in Bosnia. Witnesses at the hearing included Heidi Tagliavani, Ambassador and Under Secretary of State for Switzerland and head of the European Union investigation of the 2008 Russia-Georgia conflict; Peter Semneby, Special Representative for the South Caucasus for the European Union; and Mr. Soren Jessen-Petersen, former Special Representative for Kosovo for the United Nations.
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hearing
The Link Between Revenue Transparency and Human Rights
Thursday, April 22, 2010This hearing focused on the lack of transparency within governments and the energy sector posing both a threat to energy exports and the ability of governments to properly manage revenue for their citizens. The hearing examined how such policies affect government accountability. Instead of serving their citizens, politicians often take advantage of the resources of the country in pursuit of their own self-interest. In particular, the continued assaults on freedom of speech and on civil society and how that bodes for the future of EITI implementation in Azerbaijan were discussed. The Commissioners and the witnesses looked into the present actions of the U.S. and what could be done within the OSCE process to address these issues.
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article
2009 OSCE Mediterranean Conference in Cairo is a Sucess
Wednesday, April 21, 2010By Alex Johnson, Policy Advisor and Marlene Kaufmann, General Counsel In December 2009, Commission staff attended the 2009 OSCE Mediterranean Conference on “The Mediterranean Partners and the OSCE: Cooperation Toward Enhanced Security and Stability” in Cairo, Egypt. This conference brought together 33 of the 56 OSCE participating States, four of the Asian Partners for Cooperation (Australia, South Korea, Japan, and Thailand), and representation from all of the Mediterranean Partners for Cooperation. The Palestinian National Authority attended at the invitation of the host government. The conference featured three sessions focusing on the politico-military aspects of security in the OSCE area, implications of the current financial crisis on migration, and prospects for OSCE Mediterranean Cooperation. These sessions featured presentations from Mediterranean Partner OSCE delegations, academics, international organizations, and relevant ministry representatives. Participation in this conference was at a high level with the majority of the participating States and all of the Mediterranean Partners for Cooperation represented by their Ambassadors to the OSCE. Members of the Parliamentary Assembly of the OSCE in attendance included a Vice-President and officers of two of the Assembly’s General Committees. Discussion in all of the sessions was lively with active participation by the Ambassadors, particularly those representing the Mediterranean Partners, as well as other public and private sector participants. A number of themes emerged across the sessions including agreement that the partnership between the OSCE participating States and their Mediterranean Partners has strengthened. The establishment of the Partnership Fund and the Athens’ Ministerial invitation to the Partners to contribute to the Corfu Process are largely attributed with bolstering the strength of the Partnership. Findings included a future activity emphasis on specific areas of cooperation by setting both short and long-term goals and providing a mechanism to assess effectiveness. In addition, the OSCE Mediterranean Partnership should undertake its work in coordination with other regional organizations and institutions, through which the possibility of expanding the Partnership could be considered. Session 1: Politico-military aspects of security in the OSCE area and the Mediterranean The session’s moderators were Ambassador Ian Cliff, Head of the delegation of the United Kingdom to the OSCE and Ambassador Taous Feroukhi, Permanent Representative of Algeria to the OSCE. Panelists included Mr. Pascal Heyman, Deputy Director of the OSCE Conflict Prevention Center, Ambassador Gyorgy Molnar, Head of the Permanent Mission of the Republic of Hungary to the OSCE, and Dr. Mostafa Elwy Saif, Professor and Chairman of the Department of Political Science, Cairo University and Member of the Shura Council. Ambassador Cliff opened the discussion by pointing out that the OSCE had developed expertise on crisis prevention and conflict resolution, particularly regarding protracted conflicts. He believes there has recently been some incremental progress. Pascal Heyman emphasized that the OSCE has developed a unique conflict prevention and resolution expertise through constant political dialogue, dedicated crisis management mechanisms such as fact-finding missions, the Conflict Prevention Center, confidence and security building measures and the establishment of field operations. While these are effective tools, Heyman maintained that workable and lasting conflict resolution depends ultimately on the political will of the participating States and the parties in a conflict. Ambassador Molnar spoke to the destabilizing consequences of transnational or multi-dimensional threats to security in the OSCE space. He noted that participating States are attempting to address these threats through the Maastricht Strategy and decisions adopted at both the Madrid and Athens Ministerials regarding transnational threats, combating terrorism, and promoting effective law enforcement and police training programs. Dr. Saif presented a detailed review of Egypt’s political and military security concerns and concluded that the primary challenges to his country’s security stem from the Israeli-Palestinian conflict, Iran’s regional and nuclear ambitions, water shortages, the political situations in Iraq and Afghanistan, and the proliferation of weapons of mass destruction in the Middle East. Ambassador Feroukhi said that the absence of a dedicated institutional forum in the Mediterranean region hampered the development of effective security mechanisms but felt that the development of confidence-building measures – particularly involving civil society and academic communities – should be encouraged as a first step. She also agreed that a just resolution of the Israeli-Palestinian conflict and better protection of the environment were vital for the stability and security of the Mediterranean region. All delegations who participated in the discussion welcomed the Athens Ministerial decision to invite input from the Partners for Cooperation on furthering the Corfu Process. A number of delegations raised the possibility of enlarging the Mediterranean Partnership to include the Palestinian National Authority, while others pointed out the difficulties of doing so, due to the fact that the OSCE is a state-based organization. The Partnership Fund was hailed as an effective tool to enhance the Mediterranean Partnership and it should continue to be used to sustain a culture of cooperation, including the possible creation of a clearing house on water issues within the OSCE. It was also stressed that the OSCE should coordinate its activities with relevant international and regional organizations. The moderators stated the following conclusions emanating from the discussion: The confidence and security building measures as well as early warning mechanisms developed in the framework of the OSCE could serve as a model and help to foster cooperation and confidence in the Mediterranean region; the participation of the Partners in the Corfu process should enhance the Mediterranean Partnership; and, the Partnership should move forward based on concrete, achievable objectives with possible long-term goals of establishing a Mediterranean conflict prevention center and developing regional codes of conduct to enhance dialogue and cooperation. Session 2: Implications of the current economic and financial crisis on migration The second session was moderated by Mr. Daman Bergant, Head of the OSCE Department of the Ministry of Foreign Affairs of Slovenia, and panelists included Ambassador Omar Zniber, Head of the Delegation of the Kingdom of Morocco to the OSCE, and Ms. Rebecca Bardach, Director of the Center for International Migration and Integration of the American Jewish Joint Distribution Committee. Mr. Bergant began the session by explaining that the global economic and financial crisis has an impact on migration and development. He outlined several topics to guide the discussion including the development of cooperative migration policies between the OSCE and the Mediterranean Partners; dialogue on how to prevent and combat illegal migration; international and regional cooperation on preventing trafficking in human beings, including trafficking for forced labor; protecting the human rights of migrants, including through combating hate crimes; and, the role of migrants in promoting tolerance and non-discrimination. Ambassador Zniber spoke to the impact of the current economic crisis on both migrants and development. He pointed out that the impact of the crisis makes migrants even more vulnerable and they face increased discrimination and further marginalization in society. Decreasing remittances, said the Ambassador – 10 to 15% in 2009 according to the World Bank – are a destabilizing factor, impacting countries of origin like Morocco which are particularly dependent on revenues from abroad. The Ambassador welcomed the Athens Ministerial Council Decision on migration management and urged that the OSCE continue its work in this area, in particular, by facilitating dialogue, exchanging best practices and fighting discrimination against migrants. Specifically, he recommended that the OSCE and its Mediterranean Partners establish a working group on migration management and related security aspects; develop a multi-dimensional and long-term approach on migration management; promote regional cooperation and partnerships between all responsible parties including countries of origin, transit and destination, civil society and the private sector; create reintegration and training programs; and, protect the human rights of migrants and their families. Ms. Bardach gave a comprehensive review of migration issues impacting Israel. She explained that only in the last two decades has Israel seen a significant increase in migration flows across its borders. This is presenting challenges to the government in managing migration and dealing with large numbers of refugees, asylum seekers, and labor migrants, in addition to human smuggling and trafficking. While Israeli efforts to combat trafficking for sexual exploitation have resulted in marked progress, she said, efforts to combat labor trafficking are still in their infancy. Based on this experience, Ms. Bardach suggested that the OSCE should develop policies to address irregular recruitment practices and raise awareness about such practices; develop cooperation on both the regional and bilateral level to increase information sharing, strengthen border controls and address the humanitarian needs of migrants; develop culturally sensitive tools for law enforcement officials; and, improve the reception and registration of refugees, including assisted voluntary return. During the discussion following the panel presentations, a number of delegations echoed the view that the OSCE and its Mediterranean Partners should serve as a broad regional platform for a coordinated dialogue on migration, and should develop a comprehensive strategy to prevent cross-border trafficking that includes the private sector. The contributors in this session demonstrated the need for better data collection and sharing regarding migration in the Euro-Mediterranean context. This goal was identified as a potential priority for the Partnership Fund. Proposals distributed by the Moroccan and Egyptian delegations have both cited the importance of developing research institutions, which could serve to further the goal of better data collection and expertise sharing. Session 3: Prospects for OSCE Mediterranean Cooperation The third session Chaired by Ambassador Kairat Abdrakhmanov, Head of the Permanent Mission of Kazakhstan to the OSCE and Chair of the OSCE Permanent Council, focused on a review of achievements to date in improving dialogue and cooperation between the participating States and the Mediterranean Partners, and developing effective follow-up on recommendations of previous seminars and ministerial declarations referencing the Partners. Featured speakers were Ambassador Makram Queisi, Permanent Representative of Jordan to the OSCE, and Mr. Agustin Nunez, Deputy Head of Mission of the Permanent Mission of Spain to the OSCE. Ambassador Queisi presented four areas in which he felt cooperation could improve the relationship between the OSCE and the Mediterranean region – environmental aspects of security such as soil erosion, desertification and water management including the possible creation of an environmental data collection center in the region; enhanced border security to combat terrorism and trafficking including cooperation with the Regional Counter Terrorism Training Center in Jordan; combating discrimination against Muslims; and developing nuclear non-proliferation strategies for the region. The Ambassador also stated his view that Partner status should be granted to the Palestinian National Authority as a confidence building measure. Mr. Nunez reviewed the development of the participating State’s cooperation with their Mediterranean Partners including increased participation by Mediterranean Partners in OSCE activities and recent examples of concrete cooperation on issues such as countering terrorism, promoting tolerance and freedom of the media, and enhancing border management. He emphasized the importance of having a strategic vision for the Partnership and commended the proposal by the Kazakh Chair of the Mediterranean Contact Group that three priority areas should be identified for developing projects to be financed by the Partnership Fund. Mr. Nunez concurred with Ambassador Queisi’s view that the Partnership should be enlarged to include the Palestinian National Authority and noted that Spain had circulated two food-for-thought papers on this topic in 2008. Following the presentations, active debate among the delegations ensued and focused primarily on the current status of the Partnership and its achievements to date, proposals for additional areas of cooperation, procedural improvements and the issue of possible enlargement of the Partnership. Enhanced cooperation in the areas of promoting tolerance and non-discrimination, freedom of the media, gender, combating trafficking in human beings, energy security, security aspects of climate change, water management and fighting corruption, drug trafficking and terrorism was discussed. It was suggested that working groups should be established to examine these issues and make recommendations for action. Participants also called for the establishment of a system for effective follow-up on recommendations and agreed proposals, as well as enhanced coordination with other regional institutions and organizations. The participants actively discussed the question of enlarging the Mediterranean Partnership with some participants supporting the granting of Partner status to the Palestinian National Authority as a confidence building measure conducive to dialogue and peace in the region. Debate over this particular consideration illuminated the need for an expeditious response to the request of the Palestinian National Authority (PNA) to become an OSCE Mediterranean Partner for Cooperation. It is apparent that a number of participating States and partners recognize the value of their participation in Mediterranean Dimension activities. Yet, disagreement arises when considering the implications of recognizing a territory as a full-fledged partner. Some participating States see the case of the PNA as unique in that there is already international agreement on the existence of a future Palestinian State. Other participating States believe that affording a territory official status sets a precedent for other territories seeking recognition in the OSCE region. A number of these leaders believe that a future Palestinian State should be granted partner status after formal international recognition. Thus, it will be unlikely that consensus on partnership with the PNA will be reached at this time and the OSCE Chair-in-Office should issue a formal response acknowledging this. The question of PNA participation will continue to mire productive dialogue on other opportunities for cooperation until a decisive response is issued by the OSCE Chair-in-Office. Alternatives for their participation should however be explored. Some possibilities include establishment of an alternative status of “observer” or other title within the framework of the Partners for Cooperation to allow for a transitional process of full recognition as a Partner. In addition, some sort of agreement should be established on recommended countries outside of the Mediterranean Partnership for invitations to OSCE Mediterranean Dimension activities. Conclusion: Future Considerations for Annual Conference Administration A tremendous success of the 2009 Mediterranean Conference was the engagement of the Ambassadors from the Mediterranean Partners in the agenda. Each panel featured a Mediterranean Partner Ambassador, which helped balance the contributions during the discussion. Previous conferences did not adequately balance the opportunities for contributions between the Mediterranean Partners and the OSCE participating States. In the most grievous of incidences, panelists and participating States at the 2008 Mediterranean Conference in Amman, Jordan took so much time during the discussion that contributions from representatives of the Partners were significantly curtailed. It only makes sense that the contributions of the Partners be prioritized when the purpose of the conference is enhancing cooperation with their respective countries. Meaningful participation by the Partners remains the only way to sustain the future of the OSCE Mediterranean Dimension. A recurring challenge of the annual Mediterranean conference is a lack of willingness to host the event among the Mediterranean Partners. The venue question remains an issue that paralyzes cooperation among the Mediterranean Partners and has the potential to diminish the productivity of the conference each year. The venue question stems from a number of factors. Not only is the conference capital-intensive for the hosting State, political considerations regarding the participants in the OSCE Mediterranean Dimension keep Partners like Algeria and Tunisia from taking a leadership role in hosting the event. Thus, active Partners like Egypt, Jordan, Morocco, and Israel bear the burden of hosting the conference most frequently. Ownership of the OSCE Mediterranean Dimension through hosting the conference and originating initiatives remains an ideal that the partnership should aspire to. However, it is not unprecedented that participating States would host the conference. Previous Mediterranean seminars were hosted by Greece (2002), Croatia (2001), Slovenia (2000), and Malta (1998), prior to the elevation of the event to a “conference” by the Greek chairmanship of the OSCE in 2008. Participating States have offered to host the upcoming 2010 conference. Proceeding with an established venue earlier in the year may provide for more time for substantive topic development. Such a deviation from Mediterranean Partner ownership of the event should be seen as an exception until a more appropriate mechanism for rotating the responsibility of hosting the conference is devised. The 2009 Mediterranean Conference was well executed by the Egyptian government, especially considering the short time between their final commitment to do so and the date of the event. However, NGO participation was notably missing. The 2008 OSCE Mediterranean Conference in Amman featured a session for NGOs from throughout the Mediterranean region on the day prior to the conference and subsequently included a robust NGO presence during the conference proceedings. OSCE Participating States led by the United States made extra-budgetary contributions to the OSCE Partnership Fund to help facilitate a robust NGO presence. International organization representatives that were invited to present on the session panels in the 2009 Cairo conference were among the few non-governmental participants present. It is true that participating States lack the wherewithal to contribute annually to facilitate an NGO presence especially given global fiscal challenges. However, exploring partnerships with appropriate foundations, endowments, and institutions involved in Euro-Mediterranean engagement may result in a consistent and strong NGO presence at events within the OSCE Mediterranean Dimension.
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statement
Natural Resource Charter
Tuesday, April 20, 2010Mr. President, I am pleased to report to you and my colleagues on the excellent work that is being done to help developing countries capitalize on their natural resource wealth. This unique initiative is called the Natural Resource Charter, and it is designed to give countries the tools and knowledge they need to develop their natural resources for the good of their citizens in a transparent and accountable manner. As a collective work coordinated by established academics and development experts, the charter provides a set of policy principles for governments on the successful translation of natural resource wealth into fair and sustainable development. At the U.S. Helsinki Commission we monitor 56 countries, including the United States, with the mandate to ensure compliance to commitments made under the Helsinki Final Act with focus on three dimensions: security, economics and the environment, and human rights. The management of extractive industries has broad implications covering all three dimensions of the Helsinki process. We know that oil, gas, and mining are potential sources of conflict and their supply has a direct impact on our national security. The often negative economic consequences for resource rich countries are well documented and we see constant reminders of the environmental impact of extraction both at home and abroad. Finally, the resultant degradation of human rights in countries that are corrupted by resource wealth is a real concern that we must address. When the charter was launched last year, I was struck by how far we have come in terms of bringing the difficult conversation on extractive industries into the lexicon of world leaders. Only a few short years ago, the word "transparency'' was not used in the same sentence with oil, gas or mining revenue. After the launch of the Extractive Industries Transparency Initiative in 2002, we have seen a major shift in attitude. This was followed by G8 and G20 statements in support of greater revenue transparency as a means of achieving greater economic growth in developing countries. But it is clear that given the challenge ahead, more than statements are needed. The Natural Resource Charter is a concrete and practical next step in the right direction. Economists have found that many of the resource-rich countries of the world today have fared notably worse than their neighbors economically and politically, despite the positive opportunities granted by resource wealth. The misuse of extractive industry revenues has often mitigated the benefits of such mineral wealth for citizens of developing nations; in many cases the resources acting instead as a source of severe economic and social instability. In addressing the factors and providing solutions for such difficulties, the Natural Resource Charter aims to be a global public resource for informed, transparent decision-making regarding extractive industry management. The charter's overarching philosophy is that development of natural resources should be designed to secure maximum benefit for the citizens of the host country. To this end, its dialogue includes a special focus on the role of informed public oversight through transparency measures such as EITI in establishing the legitimacy of resource decisions and attracting foreign investment. On fiscal issues, the charter presents guidelines for the systematic reinvestment of resource revenues in national infrastructure and human capital with the goal of diminishing effects of resource price volatility and ensuring long-term economic growth. This week the commission will hold a public briefing on the Natural Resource Charter and I am pleased to say that there was a candid conversation between the audience and the panel that revealed much about how the charter could be used to promote human rights and good governance. The briefing also addressed ways that U.S. support of democratic and economically sensible extractive industry standards could have a powerful effect in securing the welfare and freedoms of citizens in resource-rich countries. In particular, it was noted that the Energy Security Through Transparency Act, S. 1700, a bipartisan bill I introduced with my colleague Senator Lugar and 10 other colleagues is consistent with the principles set out in the Natural Resource Charter. I look forward to working with my colleagues to ensure our continued progress on these issues.
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briefing
Natural Resources, a National Responsibility
Thursday, April 15, 2010The purpose of this briefing, which Commission Policy Advisor Shelly Han moderated, was two-fold: to come away with a good understanding of the Natural Resource Charter (i.e. its use, development, and trajectory) and to have a candid conversation on the gaps that remained and the steps the Commission itself, the U.S. Congress, the Department of State, international organizations, and others could take to address such gaps. The Natural Resource Charter is aimed at giving countries the tools they need to fully develop their natural resources for the good of the whole country. This is relevant to the Commission due to the interconnected issues of economics and the environment, as well as security and human rights.
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in the news
U.S. Helsinki Group Slams Baku Court's Refusal of Bloggers' Appeal
Monday, March 15, 2010The U.S. Helsinki Commission has criticized a Baku court's rejection of appeals by two Azerbaijani bloggers against their prison sentences, RFE/RL's Azerbaijani Service reports. Emin Milli was sentenced in November to 2 1/2 years in prison and Adnan Hajizade to two years on charges of hooliganism arising from what the commission chairmen said "appeared to be a crude, government-arranged incident at a restaurant" in July 2009. Both bloggers were well-known for their satirical comments on Azerbaijani government policy. The Baku court rejected their appeal on March 10. Both men, and a number of rights groups, have insisted the incident behind the jailing was a provocation and the motives connected to their very public criticism of the government. Senator Benjamin Cardin (Democrat, Maryland), the U.S. Helsinki Commission chairman, said the bloggers' case "is the latest in a long series of setbacks for independent journalism and civil society in Azerbaijan." Commission Co-Chair Congressman Alcee Hastings (Democrat, Florida), said it "illustrates the lack of independence of Azerbaijan's judicial system." Congressman Robert Aderholt (Republican, Alabama) said the bloggers' conviction "seems to indicate a determination to stifle dissent before the parliamentary election later this year." The U.S. Helsinki Commission wrote in December to Azerbaijani President Ilham Aliyev expressing concern about the convictions and calling for a fair appeal process. Azerbaijani authorities did not reply to that letter.
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statement
State Department Human Rights Reports
Monday, March 15, 2010Mr. President, this month's release of the State Department's annual Country Reports on Human Rights Practices shows the value of consistently monitoring human rights around the globe. As Chairman of the U.S. Helsinki Commission charged with monitoring international human rights commitments in 56 countries from the U.S. and Canada to Europe and Central Asia, this annual report is a key tool that we, and others, use to track progress being made on universal freedoms. This year's reports have increased significance as 2010 is the 35th anniversary of the Helsinki Final Act and the 20th anniversary of historic international human rights agreements, the Copenhagen Document, and the Charter of Paris for a New Europe. In a year commemorating such landmark human rights documents, this month's State Department reports remind us that many of the commitments countries made in the past still have not been met with meaningful action today. In Belarus, where I visited last summer, the political space for opposition remains tightly controlled, independent media face continual harassment, and elections are a farce. The overall situation in Russia remains disturbing as well. There 2009 was a year again filled with mourning the very people who stood for freedom, be they journalists, human rights advocates or lawyers simply trying to present a case against corruption. The country's harassment of Jehovah's Witnesses and forceful break up of public demonstrations remain particularly concerning. I urge Kazakhstan, as the current chair of the OSCE, to lead by example through concrete actions, starting with the release of activist Yevgeny Zhovtis, whom staff from the Helsinki Commission visited this week in prison. Zhovtis at least deserves the same freedoms afforded other prisoners in his facility, including the right to work outside the facility during the day. In Kosovo, in addition to problems with human trafficking, official corruption and a lack of judicial due process, the State Department notes the lack of progress regarding displaced persons of all ethnicities, politically and ethnically motivated violence, and societal antipathy against Serbs and the Serbian Orthodox Church. The lack of progress regarding the country's international recognition, while unfortunate, does not absolve Kosovo authorities from their responsibility to ensure greater respect for human rights and adherence to the rule of law. Assistant Secretary of State for Democracy Human Rights and Labor Michael Posner, who serves as the State Department Commissioner on the U.S. Helsinki Commission, did a superb job of unveiling the report today with Secretary of State Hillary Clinton. I was heartened to hear him specifically flag examples of 2009 human rights violations within the OSCE region that drew the attention of the Commission last year. The banning of construction of Muslim minarets in Switzerland, the pervasiveness of discrimination against Roma--Europe's largest ethnic minority, and the continued rise of anti-Semitism in Europe sadly still remain concerns this year. While these country reports help to hold all governments--including our own--to account; and while much of their text shows the reality of a world troubled by violent conflicts and the mistreatment of our most vulnerable people; the State Department reports also show the positive that surrounds us. In this vein, Assistant Secretary Posner was right to mention the fairness of Ukraine's recent elections, for which my colleague Cochairman Hastings led the election observation mission. And the reports are eager to cite progress where appropriate. But these reports affirm something else, and that is the strength of the legislative-executive branch cooperation when it comes to upholding universal standards. The Helsinki Commission is unique among all federal agencies for being comprised of Senate, House and executive branch commissioners, and Assistant Secretary Posner's activity with the Commission and the State Department's annual human rights reports mandated by Congress are but two examples of our two branches working together to keep a spotlight on human rights abuses.
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press release
Helsinki Commission Applauds U.S. Human Rights Reports
Thursday, March 11, 2010U.S. Senator Benjamin L. Cardin (D-MD), Chairman of the Commission on Security and Cooperation (U.S. Helsinki Commission) and Co-Chairman Congressman Alcee L. Hastings (D-FL) hailed today’s release of the State Department’s annual Country Reports on Human Rights Practices as a key tool to monitor and track progress on universal freedoms. “The State Department reports on human rights provide a valuable reference point for assessing human rights trends in countries throughout the world, including those in the expansive OSCE region stretching from Vancouver to Vladivostok,” Chairman Cardin said. This year’s reports have increased significance as 2010 is the 35th anniversary of the Helsinki Final Act and the 20th anniversary of other international human rights agreements. “In a year commemorating landmark human rights documents of the Helsinki Final Act, the Copenhagen Document, and the Charter of Paris for a New Europe, today’s State Department reports remind us that many of the promises countries made in those historic documents still have not been met with meaningful action,” Co-Chairman Hastings said. “These reports on human rights around the world are a critical tool, and they’ll provide a fact-base to inform our foreign policy in the year ahead,” said Michael Posner, Assistant Secretary of State for Democracy Human Rights and Labor. Posner, who serves as the State Department Commissioner on the U.S. Helsinki Commission, unveiled the reports with Secretary of State Hillary Clinton at a news conference this morning. As leaders of the U.S. Helsinki Commission, the Co-Chairmen have consistently voiced concerns about the pattern of rights violations cited in several of the OSCE participating States. “In Belarus, the political space for opposition remains tightly controlled and independent media face continual harassment,” said Cardin, who travelled to Minsk in July 2009. “The overall situation in Russia remains disturbing with the murder of a leading human right advocate, harassment of Jehovah’s Witnesses and forceful break up of public demonstrations. I urge Kazakhstan, as the current chair of the OSCE, to lead by example through concrete actions, starting with the release of activist Yevgeny Zhovtis.” The Co-Chairmen welcomed Assistant Secretary Posner to the Commission Feb. 25.Posner’s activity with the Commission and the State Department’s annual human rights reports mandated by Congress are examples of legislative-executive branch cooperation to keep a spotlight on human rights abuses.
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statement
Kazakhstan’s Vision of a More Effective OSCE
Tuesday, February 02, 2010Madam Speaker, I rise today to recognize Kazakhstan's new role as chairmanship of the Organization for Security and Co-operation in Europe, OSCE. The decision by the OSCE participating states to appoint Kazakhstan as its chair for 2010 marks the first time that a former Soviet state will take on this leadership role. The decision was not without controversy, and I would like to acknowledge the efforts made over the past two decades to establish democracy and a market economy. I look forward to full implementation of the promises of reform made by Kazakhstan at the 2007 OSCE Madrid Ministerial. In a January 2010 video address, President Nazarbayev told the OSCE Permanent Council that, "Kazakhstan as the holder of the OSCE Chairmanship is firmly committed to the fundamental principles and values of the OSCE.'' I welcome and applaud this statement as well as Chairman-in-Office Saudabayev's Permanent Council statement that, "further steps in the area of democratization in Kazakhstan will be fully in line with the goals and tasks that we have set ourselves during our Chairmanship.'' This month, Kazakhstan Secretary of State-Foreign Minister Kanat Saudabayev has officially assumed his role as chairman-in-office of the OSCE and I believe he will dedicate his efforts toward realizing Kazakhstan's vision and goals for the OSCE this year. I know Chairman-in-Office Saudabayev's objective is to make the organization even more valid, useful, and effective. I commend Kazakhstan's effective preparation for the chairmanship, and welcome the deepening cooperation between Kazakhstan and the U.S. to make the chairmanship a success. On January 14, Chairman-in-Office Saudabayev outlined his country's plan for executing Kazakhstan's strategic vision. In light of increased threats to international security, including illicit drug trafficking and terrorism, Kazakhstan will focus on preventing conflicts that result in tragedy and disaster. It is important that the United States support these efforts. I also support Chairman-in-Office Saudabayev's intention to continue to focus on the OSCE's human dimension. One area of focus for Kazakhstan as chairmanship of the OSCE will be to address issues pertinent to the developing situation in Afghanistan. In fact, Chairman-in-Office Saudabayev has stated that a principal goal is to help the Afghan people leave behind their militaristic world and develop a lasting peaceful and productive society. To achieve this Kazakhstan has donated $50 million to a new program which will provide vocational training to 1,000 Afghanis at Kazakh universities. Chairman-in-Office Saudabayev also intends to develop cooperative projects that strengthen the border and improve law enforcement practices, and I support increasing OSCE involvement in this regard. Beyond the global peril of Afghanistan is the issue of nuclear disarmament. As a former Soviet state, Kazakhstan should be applauded for its decision to eradicate its inherited nuclear arsenal and for its example and leadership in nuclear nonproliferation. With the mantle of OSCE leadership, Chairman-in-Office Saudabayev will work with the OSCE to achieve increased global security. I commend Kazakhstan for prioritizing the fight against the deplorable and growing concern of human trafficking, particularly that of children. Trafficking has become a major international concern that warrants the attention and cooperation of the OSCE states to develop effective solutions to eliminate such practices. Chairman-in-Office Saudabayev has also expressed the need for increased tolerance and equality, especially with regard to religion, race, and gender. Various conferences and meetings are already in place to discuss the implementation of previous decisions concerning these areas. I plan to attend at least one of the conferences. And I will encourage colleagues to attend as well. Finally, as many of my colleagues would agree, energy security remains a critical global concern. Kazakhstan, with its significant oil, gas and mining potential, plays a key role as a reliable energy supplier. The past two years has seen significant challenges to energy supply and distribution in the OSCE region and there is much that the OSCE could be doing to help mediate differences and encourage greater transparency in this area. I am confident that Chairman-in-Office Saudabayev will bring to bear his country's experience and expertise in energy issues to create greater capacity for energy security both politically and institutionally in the OSCE. I look forward to helping and following the progress of the OSCE under the leadership of Kazakhstan. The priorities outlined by Chairman-in-Office Saudabayev demonstrate the challenges ahead for the OSCE. I wish Chairman-in-Office Saudabayev and the entire Republic of Kazakhstan well as the OSCE chairmanship. It is my hope that by the close of 2010, we will see Kazakhstan's OSCE leadership manifested through positive outcomes. U.S. OFFICIAL ON COMMENCEMENT OF KAZAKHSTAN'S OSCE CHAIRMANSHIP (By Robert O. Blake, Jr., Jan. 20, 2010) As Kazakhstan begins to serve as the Chairman-In-Office of the Organization for Security and Cooperation in Europe this yea, it is charting a course for a bright and promising future. It is a future in which the United States and Kazakhstan together seek peace, security, economic development and prosperity. We seek democratic values and human rights that unite free nations in trust and in respect. We seek a region in which relations are good between neighbors, between Russia and China and Afghanistan and all others in the region and of course with the United States. Kazakhstan has been a leader in international security since its earliest days of independence. After the end of the Cold War, the world applauded as Kazakhstan renounced its nuclear weapons, closed the nuclear test site at Semipalatinsk, and freely transferred over half a ton of weapons-grade uranium to secure sites outside the country under Project Sapphire. This past December, we marked the sixteenth anniversary of the landmark Cooperative Threat Reduction Program in Kazakhstan and we continue to work in partnership with Kazakhstan to advance our common non-proliferation goals. In April President Obama will welcome President Nazarbayev and other world leaders to the Global Nuclear Security Summit he will host. Since its independence, Kazakhstan has also set an example in the region with economic reforms that have attracted investment and created jobs. The Government of Kazakhstan is also making wise choices to develop multiple energy export routes and to diversify its economy to ensure that its vast oil wealth can become a source for social mobility, not social stagnation. As Kazakhstan's economy continues to recover from the global economic downturn, it should again be an engine for growth within Central Asia. Afghanistan, Kyrgyzstan and Tajikistan would benefit immensely from Kazakhstan) investment and energy supplies to stimulate growth and create jobs. And Afghanistan needs the full partnership of Kazakhstan to overcome the destitution that extremists, warlords, and civil war have compounded over several decades. Kazakhstan is providing vital logistical support to the International Security Assistance Force through the Northern Distribution Network. We welcome Astana's decision to invest in Afghanistan's next generation of leaders by generously allocating $50 million to fund scholarships for a thousand Afghan students to study In Kazakhstan. Kazakhstan's OSCE Chairmanship is highly symbolic. The OSCE had long prided itself for stretching from Vancouver to Vladisvostok. Now, for the very first time, a major international organization is headed by a new country east of Vienna. It is a recognition that the OSCE draws its strength not only from Europe and the United States, but also from Central Asia, the Caucasus, and the Balkans. The challenges facing the OSCE and the international community are real but our strength comes from facing those challenges collectively and with a common purpose. The United States looks forward to working with Kazakhstan this year to meet these challenges and achieve the goal of modernizing and strengthening the OSCE, for the benefit of all participating States. Kazakhstan has successfully navigated the early stages of statehood. It has achieved a position of leadership on international security and economic development. And now, Kazakhstan, as the OSCE Chairman-in-Office has an unprecedented opportunity to lead Central Asia towards a future of democracy and to advance its own reform agenda to unleash the creative energy of its people. With continued reform, Kazakhstan can become the nexus of Eurasia in the 21st century, the point where all roads cross. For thousands of years, along the ancient Silk Road, the communities of Central Asia facilitated the global exchange of ideas, and trade, and culture. In the process, they made historic contributions to our collective human heritage. Today, as Kazakhstan assumes the OSCE mantle, it is poised and ready to break a fresh path for a new Silk Road, a great crossroads of reform linking the provinces of northern Russia to the ports of South Asia, the republics of Western Europe to the democracies of East Asia. A strong and prosperous and democratic Kazakhstan can energize the global transmission of learning, trade and freedom across the steppes of Central Asia. Kazakhstan has a glorious past and can seize a hopeful future. The United States will continue to be Kazakhstan's steadfast partner.
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hearing
Kazakhstan’s Leadership of the OSCE
Tuesday, February 02, 2010This hearing, presided over by Co-Chairman Alcee L. Hastings, was a largely positive affirmation concerning the strides that Kazakhstan had taken regarding human rights and democratization. The commissioners commended Kazakhstan’s elimination of its nuclear program, which is rare for a country with an emerging economy and democracy. However, the Commissioners believed that further justification would be required for Kazakhstan's bid to host the 2010 OSCE Summit.
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in the news
OSCE Welcomes Kazakhstan as Chair, but Raises Its Record on Rights
Tuesday, February 02, 2010The U.S. arm of the Organization for Security and Cooperation in Europe (OSCE) has welcomed Kazakhstan as the new chair of the organization but cautioned the former Soviet republic that it must improve its own rights record if it wants to be effective in its new role. At a hearing in Washington today, Helsinki Commission co-chair Representative Alcee Hastings (Democrat-Florida) said he had spearheaded U.S. support of Kazakhstan's appointment as the new rotating chair at the organization's ministerial meeting in Madrid in 2007. Kazakhstan, a vast, oil-rich Central Asian nation, is being closely scrutinized by the West now that it has assumed the 2010 rotating chairmanship on promises to usher in democratic reforms itself.
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in the news
Kazakhstan: Foreign Minister's Arrival in Washington Highlights Democratization vs. Security Debate
Monday, February 01, 2010Kazakhstan’s foreign minister, Kanat Saudabayev, is in Washington from February 1-4. He is expected to seek US backing for two prestige events: a summit of the Organization for Security and Cooperation in Europe to be held in Kazakhstan; and a one-on-one meeting between US President Barack Obama and Kazakhstani President Nursultan Nazarbayev. In January, Kazakhstan took over the chairmanship of the Organization for Security and Cooperation in Europe [OSCE]. Some human rights advocates in Washington argue that Kazakhstani officials have not fulfilled reform commitments made in connection with their country’s selection as OSCE chair, and add that now is a good opportunity to press for stronger movement for those reforms. Three US senators (John Kerry, Robert Casey, and Benjamin Cardin) sent a letter to Saudabayev on January 19, calling on Kazakhstan authorities to carry out a procedural review of the case involving Yevgeny Zhovtis, a human rights activist in Kazakhstan who was convicted last year of vehicular manslaughter and sentenced to four years in prison.
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article
More Power to More People: Lessons from West Africa on Resource Transparency
Thursday, January 21, 2010By Shelly Han, Policy Advisor In its ongoing effort to fight corruption and increase energy security, the U.S. Helsinki Commission has worked in recent years to help countries fight the resource curse. That is the phenomenon in which countries that are rich in oil, gas or minerals—resources that should be a boon to their economy—suffer lower economic growth and higher poverty than countries without extractive resources. As the Commission’s energy policy advisor, I traveled in September 2009 with other Congressional staff to Ghana and Liberia to see how these two countries are managing their resources. This was an oportunity to compare the experience of these countries with that of resource-rich countries like Azerbaijan, Kazakhstan and Kyrgyzstan, who participate in the Organization for Security and Cooperation in Europe. Specifically, our goal was to study implementation of the Extractive Industries Transparency Initiative (EITI) in Ghana and Liberia, and gauge the impact of corruption in the extractive industries on the political, social and economic climate. EITI is a groundbreaking program because it pierces the veil of secrecy that has fostered tremendous corruption in the extractive industries around the world. At its heart, EITI is a good governance initiative that brings together the companies, the government and civil society to ensure revenue is generated for the benefit of the people, not just hidden in Swiss bank accounts. The meetings in Africa were also part of the Commission’s work promoting the Energy Security Through Transparency Act (S. 1700), a bill designed to increase transparency in the oil and gas industry. The bill, introduced by Commission Chairman Senator Benjamin L. Cardin and Senator Richard G. Lugar (R-IN), expresses support for U.S. implementation of EITI. In Ghana and Liberia, staff met with government officials, non-governmental organizations, civil society leaders, the business community, U.S. Embassy staff and other groups, trying to get as broad a perspective as possible on issues related to energy transparency. Ghana Ghana is a country of 23 million citizens on the west coast of Africa. Considered one of the bright spots in terms of political and economic development in the region, President Obama came here in his first presidential trip to Africa. Known as the Gold Coast in colonial times, gold mining remains one of Ghana’s primary exports. With significant foreign investment from mining, one might think that Ghana had hit pay dirt for its economy, unfortunately, this hasn’t been the case. Almost 80 percent of Ghanaians live on less than $2 a day. Gold mining in Ghana is estimated to contribute about 40 percent of total foreign exchange earnings and 6 percent of GDP. In 2007, the discovery of oil in the offshore Jubilee field launched wild expectations—and fears—for Ghana’s future. The oil and gas could bring in about $1 billion a year for Ghana, which is about 25 percent of the government’s budget. But there are fears that the windfall will increase corruption and do little to help Ghana’s citizen’s rise out of poverty. But there is hope. In 2003 Ghana committed to implementing EITI for its mining sector and Ghana remains a candidate country today. Ghana has an EITI Secretariat and a Multi Stakeholder Steering Group in place. The country has appointed an independent EITI Aggregator/Auditor who has produced three audit reports and Ghana will shortly go through an independent audit process in order to be validated as an EITI country. Most importantly, Ghana has pledged to implement EITI in the oil and gas sectors. During the trip, we met with a number of government officials, including the Minister of Energy and the Minister of Finance. I was impressed with their commitment to establishing an EITI process for the oil and gas revenues. While the process is not complete, and is certainly not perfect, we are optimistic that Ghana will build on the EITI progress they have already made in the mining sector and achieve similar results for the oil and gas sectors. The international community is providing significant assistance. In meetings with U.S. officials, we learned that U.S. aid agencies will begin work in Ghana aimed at strengthening parliamentary oversight, improving regulatory, legal and fiscal management, and helping Ghana develop a workforce to meet the needs of the oil and gas sector. Liberia Our experience in Liberia was more sobering. Five years after a devastating civil war, Liberia struggles to move on. Fourteen-thousand United Nations troops remain in the country as peacekeepers. Eighty percent of the country’s 3.5 million citizens are unemployed. Liberian President Ellen Johnson Sirleaf, a Harvard-trained economist and Africa’s first female president, has worked to stimulate investment and create job opportunities. But this is an uphill battle given the years of education and infrastructure lost during the civil war. Extractive industries such as iron ore, gold, rubber and diamonds do provide some revenue, but the highest hopes for export revenue are placed on Liberia’s extensive forests. Sustainable timber harvesting could provide up to 60 percent of Liberia’s revenue and the international community and Liberia have spent several years and millions of dollars to make the forestry sector sustainable. Liberia joined EITI in 2006, just a couple of years after the end of the civil war that decimated the economy and put Liberia at almost the bottom of the UN Human Development Index. It is the first country to include forestry under the rubric of EITI. On July 10, 2009, the President of Liberia signed into law the Act Establishing the Liberia EITI, making Liberia only the second country in the world (following Nigeria) to pass dedicated EITI legislation. Many implementing countries have issued presidential or ministerial decrees or have amended existing legislation to establish a legal framework for the initiative. The legislation goes beyond the core EITI requirements because it covers the forestry and rubber sectors, as well as oil, gas and mining. But contract disputes and the economic downturn have hindered the resumption of large-scale logging in Liberia. We met with logging companies, government officials and civil society to hear the problems and were discouraged by the lack of progress. It is clear that while tremendous strides have been made in transparent reporting of revenues, there is precious little revenue to report. We spoke with some groups who were hopeful that with a strong focus on improving governance, it is possible that Liberia could develop forestry projects eligible for international carbon offsets. These offsets could generate revenue for Liberia and help meet global climate change goals at the same time. Conclusion In contrast with other EITI countries such as Azerbaijan and Kazakhstan, we were struck by the comparatively good relations the Ghana and Liberia government ministries enjoy with civil society, and the clear desire they have shown to work together. Citizen participation was very strong in both African countries, perhaps due to the extensive public awareness campaigns that have educated citizens on their right to follow the money trail from extractive revenues. EITI is far from the magic bullet to solve corruption problems in West Africa or elsewhere. But Ghana and Liberia show that incremental progress is possible, and that transparency in the extractive industries can build a foundation for good governance in other sectors as well.
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in the news
U.S. Senator Laud Iraq's Plan to Become EITI Candidate Country
Wednesday, January 13, 2010US Sens. Benjamin L. Cardin (D-Md.) and Richard G. Lugar (R-Ind.) expressed their strong support for Iraq’s commitment to make its oil and gas industry more transparent following Iraq’s Jan. 11 announcement that it plans to become an Extractive Industries Transparency Initiative candidate country. EITI is an international coalition of governments, companies, and others that promotes good governance through publication of oil, gas, and mining revenues, the two Senate Foreign Relations Committee members noted on Jan. 12. “Corruption remains a significant problem in Iraq,” said Lugar, the committee’s ranking minority member. “As oil and gas is the single largest source of revenue [there], it is important that the revenue generated benefit the people of Iraq and not just a handful of businessmen and officials. By committing to implement EITI, Iraq is creating a foundation for good governance in a sector critical to Iraq’s future stability.” Cardin said, “This is a significant step toward a greater future for Iraq.” The senator also has promoted EITI as chairman of the Commission on Security and Cooperation in Europe, more commonly known as the US-Helsinki Commission. “The EITI process has proven to strengthen civil society and increase revenue transparency. By joining this coalition, Iraq’s leaders are committing to transparency that will empower citizens to hold their government accountable,” Cardin maintained. Iraqi Prime Minister Noori al Malaki announced Jan. 11 that Iraq plans to become an EITI candidate country in February and would implement the initiative in May. With 11% of the world’s total reserves, Iraq would become the largest oil-producing nation to implement the standards, EITI officials said. At a conference launching Iraq’s effort in Baghdad, Jonas Moberg, who heads EITI’s secretariat, said the country’s implementation of EITI would be important in driving Iraq’s recovery and ensuring that its oil and gas wealth was managed for its citizens’ benefit. Lugar and Cardin, along with eight other cosponsors, recently introduced S 1700, the Energy Security Through Transparency Act, which aims to increase transparency through public disclosure of oil, gas, and mining payments, and encourage US participation in EITI.
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in the news
U.S. Diplomats Rap Astana's Democratization Performance
Thursday, October 29, 2009As Kazakhstan prepares to assume the chair of the Organization for Security and Cooperation in Europe, US diplomats are exerting pressure on Astana to enact promised reforms. Kazakhstan’s laws on media, elections and political parties continue to "fall short of OSCE standards," Philip Gordon, assistant secretary of state for European and Eurasian affairs, asserted in written testimony submitted for a hearing October 28 of the US Helsinki Commission. Gordon also pointed out in his testimony that "Kazakhstan has not held an election that the OSCE has deemed fully to have met OSCE commitments and international standards." Both Gordon and Michael Posner, the assistant secretary of state for democracy, human rights and labor, called attention to the case of Yevgeny Zhovtis, a human rights activist convicted in September for vehicular manslaughter. The trial was allegedly marred by procedural violations. Even so, a Kazakhstani judge rejected an appeal of the conviction. The US Helsinki Commission’s chair, Sen. Benjamin Cardin, a Democrat from Maryland, said the Obama administration and the State Department has given short shrift to human rights, adding that the issue of the OSCE summit in Kazakhstan presented an opportunity for the United States to take a strong stand on human rights.
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hearing
Advancing U.S. Interests in the OSCE Region
Wednesday, October 28, 2009The hearing examined U.S. policy toward the Organization for Security and Cooperation in Europe, the largest regional security organization in the world, ahead of a meeting of foreign ministers to be held in Athens in early December. Greece held the chairmanship of the 56-nation OSCE focused on enhancing security, promoting economic cooperation, and advancing democracy and human rights in 2009. Kazakhstan assumes the chairmanship in January, 2010. The Commission will examine timely issues, including: security arrangements in Europe, simmering tensions in the Caucasus region, relations with Russia and the countries of the former Soviet Union, developments in the Balkans, OSCE engagement on Afghanistan and developments in Central Asia. The hearing will also assess ongoing efforts to combat anti-Semitism and other forms of intolerance and backsliding on fundamental freedoms.
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in the news
Cardin Eyes Climate Measures Here and Abroad
Monday, October 19, 2009Behind the scenes of the energy debate, Sen. Ben Cardin, D-Md., is working to prepare the United States for the December United Nations climate change summit in Copenhagen. Cardin was recently in Athens to deliver an address on climate change to the Organization for Security and Cooperation in Europe (OSCE), a regional security coalition. He was there as part of his duties as chairman of the U.S. Helsinki Commission, an independent federal agency staffed by congressional members and administration officials that works with OSCE. Cardin is also a member of the Environment and Public Works Committee, which is currently marking up the climate legislation introduced recently by Sens. John Kerry, D-Mass., and Barbara Boxer, D-Calif. NationalJournal.com spoke with Cardin after his trip to get his take on some of the key components of a global climate change treaty and domestic climate legislation. NJ: You have called for an international treaty to include an "enforcement mechanism" against imports" from countries that don't meet their international goals of reducing greenhouse gases. Can you elaborate on this proposal? Cardin: What we want to make sure is that once we set international targets, and each state has their requirements and each state enacts their laws, that in fact there is an enforcement of those limits. If we enact targets and countries are supposed to meet their targets and they don't, we're not going to meet our overall targets. So, there needs to be a mechanism for enforcement. ... What it would mean is that if a country is supposed to meet a certain target and they don't meet that target, the products that come from their country into the international marketplace would be assessed the carbon difference as to how much it would have cost to comply with their standards. That assessment would be an import fee, basically, for a product entering another market. NJ. Would this serve the same function as a border tax? Cardin: In reality, yes, it's the same thing. But it's not enacted by a country. It's an international standard. So rather than the United States having a border adjustment, it would be an international regime under the climate change [agreement] rather than under the WTO. NJ: The legislation that passed the House in June includes a border tax provision. Are you in support of a border tax as part of domestic legislation? Cardin: I think you have to be able to address the question as a U.S. parliamentarian: How do you protect an American company in competition if a product made from another country is not subject to the same regime as the American company on reducing carbon -- or paying for the cost of carbon? So I think you have to be able to answer that question. I would rather answer it through international enforcement, but if you can't through international enforcement then I think it's certainly a legitimate issue for each country to deal with on their own. NJ. Several lawmakers have criticized the border tax, saying it could trigger trade wars between countries. Do you think implementing an international provision like this would prevent trade wars? Cardin: I'm not so sure that the provision that's in the House bill would promote a trade war, so I'm not going to concede that point. But I do believe it is much more understandable internationally if it's done under Copenhagen rather than each country acting on its own. NJ. What do you see as the Kerry-Boxer bill's strongest international components? Cardin: First, it provides U.S. leadership on the targets. The targets are aggressive. Secondly, it provides financing for the developing world, which is certainly a major issue in the international community. It also provides direct financing for deforestation remedies. NJ: Is there anything not included in the bill that you think should either be included in that bill or be at the forefront of the discussions in Copenhagen? Cardin: I'm working with Senator Kerry on making sure our international obligations are adequately funded. That's a continuing effort. I'm not sure if I'm going to be totally satisfied about what I see in the first efforts. NJ: President Obama is scheduled to visit China in November. What do you think should be his goals going into that meeting? Cardin: I hope we'll have a bilateral with China on some of these issues. ... I hope we'll be able to show some mutual progress. The fact that these meetings are taking place is significant in and of itself. The fact that China is becoming more and more of a player by their individual actions on climate change is important. Where China has not moved as aggressively as I would like is agreeing to work directly with the international community rather than just unilateral actions. And I hope the president can advance that need for China to be very bold in Copenhagen, really working closely with the developing world to make sure we get a successful conclusion. So I would like the president to advance that in November. NJ: Experts have predicted that China is set to outpace the United States, not to mention the rest of the world, in producing renewable energy, making this more of a competition than an international cooperation. Is that part of your concern? Cardin: Right. China is very strategic when it comes to trying to position itself in the international trade and investments in other countries. So they're continuing to act that way on climate change, being very strategic, understanding that it means job growth and the development of their own economy. Where I have not seen China is their willingness to enter into an international regime, and I think that's the challenge. NJ: Where do you predict Congress will be in its climate change debate come December? Cardin: Chairman Boxer has announced hearings and she intends to go to markup, so I think it is now becoming more and more likely that we'll have a bill out of the Environment and Public Works Committee before Copenhagen. I'm not sure how much further we'll get than that. But I think there is momentum in the United States Senate for more support -- Sen. [Lindsey] Graham and Sen. Kerry's piece in the New York Times was certainly encouraging. There seems to be some momentum developing in the Senate, so that's what we want to see... giving the president the confidence to commit the United States to significant responsibilities in Copenhagen. NJ: How do you think the U.S. should respond to the criticism that the Senate's goal of reducing emissions by 20 percent by 2020 isn't even close to what it should be aiming for? Cardin: I personally believe we could do better than 2020, but I think that's certainly a very forward aggressive goal -- puts the United States at the forefront internationally on carbon reduction. Those who say it's not enough -- let's see how well they're doing themselves. ... Can we be more aggressive? Absolutely. But this would be a huge step forward. NJ: Do you think there is going to be any "sleeper" region -- an area of the world not discussed much in the media -- that will come to the fore during international climate change talks? Cardin: You've got to look at South America. That's a critical part of the equation. NJ: In what respect? Cardin: The environmental issues concerning forestation, concerning the costs of the developing world. That's a part of the world that we need to look at. Africa also. South America and Africa are regions that we have to be mindful of during this debate. There is a lot of carbon capture capacity there.
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hearing
Promoting Tolerance and Understanding in the OSCE Region: The Role of the Personal Representatives
Wednesday, October 14, 2009This hearing discussed the role of the U.S. Commission on Security and Cooperation in Europe. Witnesses commended the CSCE on its role in furthering tolerance in OSCE member states, particularly its push for member states to face the issue of the rise of anti-Semitism, and its promotion of resolutions and organization of special presentations at the OSCE Parliamentary Assembly Meetings.
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in the news
Nigerian Oil Tycoons Jittery Over U.S. Bill on Corruption
Thursday, October 08, 2009Nigerian oil tycoons and major oil exporting companies have developed cold feet over plans by the federal government to adopt and partner the United States on a new bill introduced by the U.S. The bills seeks among other things, to bring to book corrupt oil exporters. LEADERSHIP gathered yesterday that the Nigerian government through its embassy in the United States is already tracking the new legislation introduced late last month in the U.S that would require oil, gas and mineral companies traded on the U.S. stock exchange to publish details of their deals with foreign governments. The bill, according to reports will not be limited to American firms only, but would cover any foreign company that is traded on the U.S. exchange or raises capital in the U.S and is thus required to file SEC reports. Over 100 top oil companies would be affected by the bill designed to promote transparency, particularly in the oil industry, where corruption often keeps profits from trickling down to the local population. The legislation co-sponsored by Senators Ben Cardin, D-Md., Russ Feingold, D-Wis., Richard Lugar, R-Ind., Charles Schumer, D-N.Y., Sheldon Whitehouse, D-R.I., and Roger Wicker, R-Miss. Is already receiving international support, especially by oil exporting countries which cannot account for all the huge monies they earn from oil exports. Sarah Pray, the U.S. coordinator for Publish What You Pay, a coalition in 30 countries pushing for more accountability in extractive industries, was reported to have said that with the bill “Citizens can say, 'we saw you earned $7 billion last year, and we want you to manage it better,” Experts consider the new U.S bill very significant for countries like Nigeria which is listed at the bottom of the Berlin-based Transparency International's 2008 Corruption Perception index. Corruption and weak governance can dampen foreign investments, lead to poor industry management and fuel violence, particularly in Nigeria where there have been persistent crisis in its oil rich Niger Delta region leading to reductions in production and disabilities in global oil prices. Analysts say that Nigeria needs to monitor the new U.S bill on corrupt oil exports as it coincides with the Nigerian Petroleum Industry Bill (PIB). The Nigerian government had proposed a Petroleum Industry Bill expected to revive the entire oil and gas industry in the country. Considering the importance of Nigeria in the global oil and gas industry, and also its crumbling oil and gas industry, due to militant activities in the Niger Delta. The PIB has huge expectations attached with it as it is seen as a veritable avenue by the Nigerian government to restructure the oil and gas industry in the country and provide a lifeline to the indigenous oil sector. However, with the higher taxes and royalties in the proposed bill, the fiscal terms for the international oil companies have been made tougher. Whether the PIB will successfully bring to an end the militancy problem in the Niger Delta region and reposition Nigeria in the international oil and gas market remains skeptical. Nevertheless, on paper, the bill provides strategies and tools for the transformation of the Nigerian oil and gas industry to stand the test of time. Since 1956 when oil was first discovered in commercial quantity in oloibiri,in River State a huge revenue of over $400 billion accrued to the nation from petroleum exports. but this has not translated into physical development and most of Nigerians still live below poverty lines and this again underscores the need for Nigeria to evolve a strong law on its oil exports to ensure that revenues accruing to it from oil exports are ploughed back into the development of the country.
Tuesday, July 17, 2007