By Alex T. Johnson, Policy Advisor, U.S. Helsinki Commission      Marlene Kaufmann, General Counsel, U.S. Helsinki Commission      Troy C. Ware, Policy Advisor (CBCF Fellow), U.S. Helsinki Commission      Christian Sy, Legislative Assistant, Office of Congressman Alcee L. Hastings United States Representative Alcee L. Hastings (D-FL), Co-Chairman of the United States Helsinki Commission (CSCE) and Special Representative on Mediterranean Affairs for the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA), recently convened the “CSCE Seminar on OSCE Mediterranean Partner Engagement,” July 22 and 23 at the United States Capitol in Washington, D.C. The seminar hosted more than 50 participants from the OSCE Mediterranean Partner States of Algeria, Egypt, Israel, Jordan, Morocco, and Tunisia, as well as Members of the United States Congress, U.S. government officials, non-governmental organization (NGO) representatives, and special guests. Delegations of the Mediterranean Partner States consisted of parliamentarians and representatives from their Washington-based diplomatic corps. Special guests included representatives of Greece, the current Chair-in-Office of the OSCE, and delegates from Kazakhstan which will chair the OSCE in 2010, staff representation of the OSCE and OSCE PA International Secretariats, as well as representation of the Swedish Presidency of the European Union. Congressman Hastings opened the seminar with words of welcome for the Mediterranean Partners and special guests, and challenged them to use the event for a frank discussion and exchange of ideas on how to strengthen the OSCE’s partnership with its Mediterranean neighbors. He also chaired each session of the two-day event. Presentations were also given on the first day by OSCE PA President João Soares of Portugal, OSCE PA President Emeritus Göran Lennmarker of Sweden, OSCE PA Vice President Jerry Grafstein of Canada, Director of the Office of the OSCE Secretary General Paul Fritch, and Barry Pavel of the National Security Council. Speaker of the U.S. House of Representatives Nancy Pelosi and U.S. House Majority Leader Steny Hoyer hosted the delegation for a reception to conclude the first day of proceedings. The second day’s sessions included presentations by Dalia Mogahed of the Gallup Center for Muslim Studies, Ian Lesser of the German Marshall Fund, OSCE Personal Representative on Mediterranean Affairs Sotiris Roussos and additional contributions by OSCE PA President João Soares. Opening Session The opening session consisted of a panel discussion which began with remarks from Representative Alcee L. Hastings and Senator Benjamin L. Cardin, Chairman of the U.S. Helsinki Commission and OSCE PA Vice President. OSCE PA President João Soares, OSCE PA President Emeritus Göran Lennmarker, and OSCE PA Vice President Jerry Grafstein delivered keynote presentations for this panel. In sum, the presentations established a framework for the proceedings of the seminar by characterizing the historical developments of Mediterranean Partner engagement in the OSCE and identifying key priorities for enhanced engagement with the partners. Representative Hastings stressed the importance of convening the seminar, specifically to return due prominence and functionality to the OSCE Mediterranean Dimension, which he has long advocated in the OSCE PA and during his recent tenure as its president. Hastings noted that similar goals have been recently prioritized by other multilateral institutions. Senator Cardin noted the considerable work of Helsinki Commissioners in the realm of OSCE Mediterranean Partner engagement through Congressional delegation visits to both current and potential partners as well as hearings in Washington. Cardin also emphasized what he sees as an opportunity to strengthen the OSCE’s relationship with its Partners for Cooperation by the addition of new regional partners in both the Mediterranean and in Asia, namely Lebanon, Syria, and Pakistan. President Soares commended the emergence of several formal documents and proposals for empowering the partnership submitted by the Mediterranean Partners. Soares’ remarks centered around the importance of the OSCE as the most qualified international organization to address challenges within the OSCE region and its partners, proven through its successes in Central Asia and the Caucuses. He also emphasized the importance of the OSCE Parliamentary Assembly which perpetuates that spirit of dialogue embodied in the Helsinki Final Act, whose principles he asserted will help achieve the goals of the countries of the Mediterranean region. President Emeritus Lennmarker explored how the OSCE, as a key mechanism through which Europe engages its own persisting challenges, could serve as a powerful model for mitigating the tremendous economic, human, and political costs of conflicts in the Mediterranean region and the Middle East. The President Emeritus cautioned against protectionism in the region and offered the enhancement of the OSCE Mediterranean Dimension as a vehicle to promote prosperity. The Opening Session concluded with remarks by Vice President Grafstein who urged the creation of regional trade agreements to spur economic growth and promote political stability in the region. Working Meeting on OSCE Mediterranean Partner Engagement OSCE Mediterranean Partner States continue to be actively engaged in the activities of the OSCE and send strong delegations to ministerial level gatherings and OSCE Parliamentary Assembly events. Mediterranean Partners also send delegations to OSCE election monitoring missions and participate in technical exchanges to build capacity. Recent years have seen an increase in opportunities for engagement by the Mediterranean Partners, but there are still a number of challenges to overcome. The working meeting of the seminar sought to explore methods to improve participation by the Mediterranean Partners and expand engagement in OSCE activities. Topics of discussion included prioritizing implementation of OSCE agreements related to the Mediterranean Partner States, identifying uses for the OSCE Partnership Fund, and procedures to increase engagement in the executive structures of the OSCE. Guiding questions for the discussion included: How can we prioritize implementation of the OSCE agreements and initiatives related to Mediterranean Partner States? What should be the priorities for the OSCE Partnership Fund? How can Mediterranean Partner States become more engaged in the executive structures of the OSCE and other tangible partnerships? Paul Fritch of the OSCE Secretariat guided the working meeting by describing the mandate of the OSCE Partners for Cooperation and characterizing the current level of engagement by the Partner States. He identified key considerations and challenges that should be addressed, as well as the successes of Mediterranean Partner Engagement with the OSCE on matters of tolerance, anti-terrorism cooperation, and migration management. Participants made the following recommendations: The Mediterranean Partners must translate their valued relationship with the OSCE into engagement across the entire span of work in all three dimensions of the OSCE – political-security, economic, and human – building on their successful contributions in anti-terrorism cooperation, migration management, and tolerance. The OSCE Partnership Fund should continue to be utilized to inspire ownership of the process of partnership. Specifically, the Fund should foster civil society engagement in the activities of the Mediterranean Partners and be used to promote Partner participation in all activities of the OSCE. The OSCE must build synergy with other regional cooperation mechanisms such as NATO, the European Union, and others, as well as promote cooperative initiatives affiliated with these institutions. The OSCE must clearly negotiate its role and articulate its contributions to the States engaged in the Mediterranean Partners for Cooperation. Currently, extensively overlapping mandates with other international initiatives inhibits the potential for tangible achievements of the Partnership. Expectations of engagement from Mediterranean Partners States must be clearly defined, especially the role of parliamentarians. Appropriate measures should then be taken to facilitate further engagement. Inversely, the OSCE must clearly define what it gains from the engagement of the Mediterranean Partners States. Efforts should be made to promote appropriate diplomatic exchanges with the OSCE through a formalized mechanism, internship, or fellowship to offer training to the diplomatic corps and civil service of Mediterranean Partner States regarding the principles of the Helsinki Process, the organization and functions of the OSCE and the potential to use OSCE institutions and mechanisms to promote economic development and political stability. Opportunities for support and consultation from the various institutions and offices of the OSCE should continue to be explored. Such partnerships should include (but are not limited to) engagement with the Office of the Special Representative and Coordinator for Combating Trafficking in Human Beings, ODHIR, Strategic Police Matters Unit, Gender Unit, Office of the Coordinator for Environmental and Economic Activities, Office of the High Commissioner on National Minorities, and the Office of the Special Representative on the Freedom of the Media. Increased Mediterranean Partner engagement in the Environmental and Economic Dimension of the OSCE should be further explored, particularly with respect to water security and water management, as well as trade enhancement. Mechanisms to promote regional food security should also be examined. Cooperation among the Mediterranean Partners must be strengthened prior to consideration of additional States for entry as partners of the OSCE; specifically, the Partnership could be utilized for the implementation of confidence building mechanisms. Efforts should be made to galvanize the potential of the OSCE Mediterranean Partnership as a forum to expand political will for reconciliation of the Arab-Israeli conflict. Session 1: Expert Seminar on Security in the Mediterranean The engagement of OSCE Mediterranean Partners in the activities of the OSCE has largely emphasized opportunities for cooperation and capacity development on hard and soft security matters. The most recent 2008 OSCE Mediterranean Conference in Amman emphasized the importance of increased public diplomacy efforts, further cooperation with civil society in counter-terrorism efforts, and enhanced cooperation with other regional cooperation mechanisms. Barry Pavel of the National Security Council engaged participants on the regional security priorities of the Obama Administration and the outlook for regional initiatives. Points for this discussion included: What developing transnational trends (environmental, economic, demographic, energy/resource scarcity) are of most concern to Mediterranean Partner States from a broad security perspective? What particular challenges and opportunities arise from the blurring between clearly foreign and domestic policy security issues? How can engagement with other regional cooperation mechanisms, such as NATO and the European Union, increase the security of the Mediterranean Partner States? Key recommendations and themes emanating from this session included: President Barack Obama’s Cairo speech was recognized as a noteworthy start to the United States’ relations with the countries of the Middle East. However, quick action is required for the momentum to be maintained. The speech expressed many concerns shared by people in the Arab world. More specifically, the time frame for peace talks is critical for a number of reasons. In January, 2010 the term of the current Palestinian Authority Chairman ends. Moreover, experience has shown that the first year of an American presidency is the time for action. Afterwards, other items on the President’s agenda will demand more attention. Food security, the financial crisis, immigration, and development are priority issues for the region that must not be neglected. Answers must be sought as to why people are risking their lives to leave their countries. The Obama Administration should not reverse course on free trade with the region. Prior U.S. leadership in free trade compelled other nations to engage the Middle East in trade. The OSCE should be used to assist in the peace process and economic development for the region. The U.S. must appoint an ambassador to the OSCE quickly. Europe has a critical role to play. Economic engagement must be stepped up and protectionist urges resisted. The rise of Islamophobia is also a problem Europe must address to promote mutual understanding and security in the Mediterranean Region and beyond. Session 2: Expert Seminar on Current Issues in the Mediterranean: “Youth of the OSCE Mediterranean Partners: Assets, Challenges, and the Way Forward” Youth throughout the OSCE Mediterranean Partner States are often seen as a demographic time bomb, making up a 40-60% of their nation’s population. This session of the seminar emphasized the solidarity of the Mediterranean Partners in addressing the current demographic needs. Dalia Mogahed of the Gallup Center for Muslim Studies helped the participants conceptualize the young men and women of the region as its greatest resource and defined strategies for harnessing their energy to promote prosperity. Questions addressed in this session: What are the main assets of this group on which to build? What challenges do they face in contributing to their society? What recommendations does the research suggest will best unleash their potential? Key recommendations and themes emanating from this session included: Conduct studies throughout the OSCE Mediterranean Partner region to further investigate issues relevant to youth and identify challenges and country-specific solutions to providing a quality education, requisite job training, essential computer skills, access to capital for entrepreneurship, student exchanges, and opportunities for dialogue with government leaders while ensuring freedom and democracy. Strengthen the relationships between OSCE Mediterranean Partner States, the Arab League, and organizations that conduct these studies, e.g. the Gallup Center for Muslim Studies and the Bibliotheca Alexandrina in Alexandria, Egypt, and share findings and recommendations in the Arab League’s Annual Report. Address the inadequacies of the education system in each of the OSCE Mediterranean Partner States and make comprehensive reforms to ensure that all graduates have the education necessary to attain jobs that maximize their potential, utilize their assets, allow them to contribute to their societies, and help realize their personal and professional goals. Increase access to job training while reevaluating its role in respect to education. Consult and engage youth in the OSCE Mediterranean Partner States about issues important to them, especially concerning conflict, through youth councils and provide them with opportunities for continuing dialogues with government leaders. Listen to the concerns and recommendations of other countries within the OSCE and around the world concerning issues of mutual interest and share innovative ideas. Consider declaring 2010 a “world year” and hold a youth conference under the auspices of the United Nations to affirm global values. Invest in programs together with the private and public sectors to provide cell phones, computers, and Internet access to communities and schools to increase computer literacy and close the digital divide. Bring computers, computer skills, Internet connectivity, job training, and jobs to rural areas in the Mediterranean. Reduce government and market corruption, as well as nepotism in each of the OSCE Mediterranean Partner States. Simplify the bureaucratic process for entrepreneurship and increase access to capital. Address different levels of freedom and democracy in each of the OSCE Mediterranean Partner States. Continue to collect accurate and useful data that reflects the needs and desires of youth in the OSCE Mediterranean Partner States in order to drive effective policy development by governments and practical engagement with the private sector. Promote student exchange programs for students of all ages to foster understanding, solidarity, and the sharing of ideas between the youth of the OSCE Mediterranean Partner states and the world. Session 3: Expert Seminar on Current Issues in the OSCE Region In recent years, OSCE Mediterranean Partner States have had an opportunity to contribute to ministerial documents and proposals on reform of the OSCE. However, appropriate venues for the Mediterranean Partners to offer their perspectives on challenges, conflicts, and priorities within the OSCE region remain infrequent. Topics explored in this session included: What experiences in security cooperation among the Mediterranean Partners inform current initiatives in the OSCE region? What partnerships and exchanges within the OSCE and beyond can be prioritized to offer expertise from Mediterranean Partners to confront challenges within the OSCE region? Ian Lesser of the German Marshall Fund of the United States facilitated this session to provide an opportunity for Mediterranean Partner delegations to offer their expertise and experience to assist in confronting challenges within the OSCE region. He specifically characterized shared challenges in security between the OSCE region (consistency of capitalization) and Mediterranean Partners, as well as the outlook for their combined geopolitical region. This outlook consisted of future challenges in maritime security, migration, resource conflicts, cascading nuclear and arms proliferation, as well as environmental degradation. The discussion evolved into further exploration of mechanisms for cooperation between the Mediterranean Partners and the OSCE participating States, building on the themes of the Working Meeting on the first day of the seminar. Key recommendations from this session included: Capacity development for institutions facilitating cooperation must be prioritized. Frequent opportunities for dialogue exist within the multiplicity of “Mediterranean” frameworks affiliated with the European Union, NATO, and other international organizations. Capacity development for institutions affiliated with these international organizations should focus on avoiding a duplication of efforts and extensive competition over resources. New institutions for cooperation do not need to be developed. Existing institutions must be utilized in a more rational and effective manner throughout the OSCE region. Increased commercial activity and resource exchanges among the OSCE participating States and with their Mediterranean Partners would promote regional stability. The participating States of the OSCE should recognize the unique expertise of the Mediterranean Partners in thwarting challenges to maritime security and generate alliances and technical exchanges to address piracy and other security concerns. Concluding Session Participants in the CSCE Seminar on OSCE Mediterranean Partner Engagement synthesized their perceptions of the seminar during the final session of the seminar. Conclusions offered by the participants included: The success of cooperative initiatives between the OSCE and the Mediterranean Partners will require greater leadership and agenda development from the Mediterranean Partners. Distinguishing appropriate and distinct roles for the various regional cooperation mechanisms in the Mediterranean region will be contingent on robust participation from the Mediterranean Partner delegations in the meetings and planning discussions of the different entities. More tangible progress toward cooperation will be made between the OSCE and the Mediterranean Partners if events and conferences have a singular focus, rather than attempting to address all aspects of human security. Fewer priorities that are clearly articulated will make conferences more manageable and implementation more effective. A platform should be developed for closer OSCE institution interaction with regional cooperation mechanisms for the Southern Mediterranean and the Middle East. Micro-institutions or taskforces must be developed for the implementation of agreed upon initiatives and recommendations emanating from conferences. U.S. Helsinki Commission Hearing - “Future of the OSCE Mediterranean Partners for Cooperation” Following the CSCE Seminar on OSCE Mediterranean Partner Engagement, an official hearing of the Commission on Security and Cooperation in Europe was convened. This hearing established an official record in the United States Congress for the proceedings of the seminar, with a particular emphasis on how participation mechanisms for OSCE Mediterranean Partners for Cooperation can be optimized and improved to promote greater regional cooperation. Ambassador William Hudson, Deputy Secretary for Near Eastern Affairs at the U.S. Department of State, Mr. Sotiris Roussos, Personal Representative on Mediterranean Affairs to the Greek Chair-in-Office of the OSCE, and the Honorable João Soares, President of the OSCE Parliamentary Assembly, all testified before the U.S. Helsinki Commission during this hearing. Commissioners participating included Chairman Benjamin L. Cardin (MD), Co-Chairman Alcee L. Hastings (FL-23), Representative Robert Aderholt (AL-4), Representative Darrel Issa (CA-49), and Representative Mike McIntyre (NC-7). Representative Gwen Moore (WI-4) of the Committee on Financial Services and Committee on Small Business also participated in the hearing. The hearing reiterated the recommendations emanating from the CSCE Seminar on OSCE Mediterranean Partner Engagement within the context of U.S. policy toward the region and priorities of the current leadership of the OSCE and OSCE Parliamentary Assembly. Witness recommendations included: Recognition of the role of the OSCE and its Mediterranean dimension for its potential to develop capacity for a resolution to the Israeli-Palestinian conflict in the Middle East. The activities and events of the OSCE Mediterranean Partners for Cooperation generate one of the few spaces in which Israeli and Arab officials can convene open dialogue and consistently cooperate. The United States government looks forward to engaging the Mediterranean Partners on the reintegration of Iraq into the community of nations and on ways to resolve tension over oil and gas supply and demand issues in Eastern Europe. The United States government looks forward to further partnership with the Mediterranean Partners on migration, counter-terrorism, economic cooperation, and regional security. The United States government has contributed to the OSCE Partnership Fund to support NGO involvement in Mediterranean Partner events and Mediterranean Partner delegation and government training on human rights work in Warsaw through the OSCE Office of Democratic Institutions and Human Rights. Support for similar efforts should continue. The prospect of a separate Helsinki Process for the Middle East or an Organization for Security and Cooperation in the Middle East has been an idea circulated in recent years, but the use of a consensus process like that of the OSCE might not be optimal for the region. The Mediterranean Partners and other countries in the region have been involved in various regional organizations and processes revolving around similar core issues of the political military environment, the regional economy, and human development. More diverse priorities must be articulated by any division of labor that might be negotiated among international organizations and process. A mechanism or standing committee to facilitate coordination and collaboration among the principal international organization processes and dialogues in the Mediterranean region should be developed to prevent the duplication of initiatives and counter diminishing regional interest. A renewed focus on the environment and the economy in the Mediterranean region through the OSCE framework would help build capacity for cooperation and common ground for a resolution of the Arab-Israeli conflict and other Middle East security challenges. The expansion of markets, global communication infrastructure development, and improved educational access within the Mediterranean Partner States present greater opportunities for regional economic cooperation. The Arab-Israeli conflict greatly influences Mediterranean Partner engagement. Thus, regardless of outcome, a prompt response on the request of the Palestinian Authority’s request to join the OSCE Mediterranean Partner should be prioritized. Some believe that inclusion of the Palestinian Authority would expand a paradigm of confidence building and conflict resolution. The visibility of the OSCE Mediterranean Partnership should be enhanced and coupled with an expansion of initiatives to engage young leaders and young diplomats from the Mediterranean region. OSCE Partnership Fund initiatives should be coordinated for tangible results and mutual benefit of OSCE participating States and Mediterranean Partners. The flexibility and capacity for adaptation makes the OSCE one of the best international instruments for conflict resolution and it should be further utilized in the Mediterranean region. OSCE engagement can help advance the role of parliamentarians within Mediterranean Partner States. The OSCE Partnership Fund should be utilized for initiatives to empower women and promote entrepreneurship. Mediterranean Partner delegations should continue to be engaged in OSCE region election observation efforts and consider more frequent reciprocal exchanges. Conclusion The Commission on Security and Cooperation in Europe Seminar on OSCE Mediterranean Partner Engagement achieved its intended purpose of generating a space in which the delegations of the Mediterranean Partner States could frankly engage the current and future leadership of the OSCE and the OSCE Parliamentary Assembly on ways to enhance participation in events, processes, and initiatives. The seminar also served as a forum for Partner State delegations to discuss potential collaborative opportunities with the U.S. Administration and Members of Congress. Congressman Alcee L. Hastings, Co-Chairman of the Helsinki Commission and OSCE Parliamentary Assembly Special Representative on Mediterranean Affairs and Senator Benjamin L. Cardin, Chairman of the Helsinki Commission committed to working with the OSCE and OSCE Parliamentary Assembly leadership and international secretariats to implement the recommendations of the seminar. Congressman Hastings also committed to travelling once again in the coming year to the Mediterranean Partner States to follow up on the discussions of the seminar.

The OSCE’s 2008 Human Dimension Implementation Meeting offered an opportunity to review compliance on a full range of human rights and humanitarian commitments of the organization’s participating States. Tolerance issues featured prominently in the discussions, which included calls for sustained efforts to combat anti-Semitism and other forms of discrimination. A U.S. proposal for a high-level conference on tolerance issues in 2009, however, met with only tepid support. Core human rights issues, including freedom of speech and freedom of religion, continued to draw large numbers of speakers. Throughout the discussions, non-governmental organizations (NGOs) expressed concern about Kazakhstan’s failure to implement promised reforms and questioned its readiness to serve as OSCE Chair-in-Office in 2010. Greece, slated to assume the chairmanship in January, came under criticism for its treatment of ethnic minorities. As in the past, the United State faced criticism for retaining the death penalty and for its conduct in counter-terrorism operations. Belarusian elections, held on the eve of the HDIM, came in for a round of criticism, while Russia continued to advocate proposals on election observation that would significantly limit the OSCE’s independence in such activities. Finally, discussion of the Russia-Georgia conflict was conspicuous by its near absence, though related human rights and humanitarian concerns will likely receive more prominence in the lead up to and during the December OSCE Ministerial in Helsinki. Background From September 29 to October 10, 2008, the OSCE participating States met in Warsaw, Poland, for the annual(1) Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest human rights gathering, convened to discuss compliance by the participating States with the full range of human dimension commitments they have all adopted by consensus. The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), according to an agenda approved by consensus of all 56 participating States. The HDIM is the only multinational human rights meeting in Europe where representatives of NGOs and government representatives have equal access to the speakers list. Indeed, over half of the statements delivered at this year’s HDIM were made by NGO representatives. Such implementation review meetings are intended to serve as the participating States’ principal venue for public diplomacy and are important vehicles for identifying continued areas of poor human rights performance. Although the HDIM is not tasked with decision-making responsibilities, the meetings can provide impetus for further focus on particular human dimension concerns and help shape priorities for subsequent action. Coming in advance of ministerial meetings that are usually held in December, the HDIMs provide an additional opportunity for consultations among the participating States on human dimension issues that may be addressed by Ministers. (This year, for example, there were discussions on the margins regarding a possible Ministerial resolution on equal access to education for Roma and advancing work in the field of tolerance and non-discrimination, including the possibility of convening a related high-level meeting in 2009.) OSCE rules, adopted by consensus, allow NGOs to have access to human dimension meetings. However, this general rule does not apply to “persons and organizations which resort to the use of violence or publicly condone terrorism or the use of violence.”(2) There are no other grounds for exclusion. The decision as to whether or not a particular individual or NGO runs afoul of this rule is made by the Chairman-in-Office. In recent years, some governments have tried to limit or restrict NGO access at OSCE meetings in an effort to avoid scrutiny and criticism of their records. This year, in the run up to the HDIM, Turkmenistan held the draft agenda for the meeting hostage, refusing to give consensus as part of an effort to block the registration of Turkmenistan NGOs which have previously attended the implementation meetings and criticized Ashgabat. Turkmenistan officials finally relented and allowed the adoption of the HDIM agenda in late July, but did not participate in the Warsaw meeting. Along these lines, the Russian delegation walked out in protest when the NGO “Russian-Chechen Friendship Society” took the floor to speak during a session on freedom of the media. At the 2008 HDIM, senior Department of State participants included Ambassador W. Robert Pearson, Head of Delegation; Ambassador Julie Finley, Head of the U.S. Mission to the OSCE; Ambassador Karen Stewart, Principal Deputy Assistant Secretary of State for Democracy, Human Rights and Labor; and Mr. Bruce Turner, Acting Director, Office for European Security and Political Affairs. Mr. Will Inboden, advisor on religious freedom issues, and Mr. Nathan Mick, advisor on Roma issues, served as Public Members. Ms. Felice Gaer, Chair of the U.S. Commission on Religious Freedom, and Mr. Michael Cromartie, Vice Chair, also served as members of the delegation. Helsinki Commission Chief of Staff Fred L. Turner and Senior State Department Advisor Ambassador Clifford Bond also served as members of the U.S. Delegation, along with Helsinki Commission staff members Alex T. Johnson, Ronald J. McNamara, Winsome Packer, Erika B. Schlager, and Dr. Mischa E. Thompson. In comparison with previous HDIMs, the 2008 meeting was relatively subdued – perhaps surprisingly so given that, roughly eight weeks before its opening, Russian tanks had rolled onto Georgian territory. While the full scope of human rights abuses were not known by the time the meeting opened, human rights defenders had already documented serious rights violations, including the targeting of villages in South Ossetia inhabited by ethnic Georgians. Nevertheless, discussion of the Russian-Georgian conflict was largely conspicuous by its near absence. Highlights The annual HDIM agenda provides a soup-to-nuts review of the implementation of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. The United States continued its longstanding practice of naming specific countries and cases of concern. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. This year, those subjects were: 1) education and awareness-raising in the promotion of human rights; 2) freedom of religion or belief; and 3) focus on identification, assistance and access to justice for the victims of trafficking. Of the three, the sessions on religious liberty attracted the most speakers with over 50 statements. A large number of side events were also part of the HDIM, organized by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States. These side events augment implementation review sessions by providing an opportunity to examine specific subjects or countries in greater depth and often with a more lively exchange than in the formal sessions. Along with active participation at these side events, the United States held extensive bilateral meetings with government representatives, as well as with OSCE officials and NGO representatives. At the end of the second week of the HDIM, Human Rights Directors from capitals also held a working meeting to discuss issues of mutual concern, with a special focus on United Nations Security Council Resolution 1325, on women, peace and security. This year, the U.S. Commission on International Religious Freedom also hosted a reception to honor the OSCE Panel of Experts on Freedom of Religion or Belief, as well as the tenth anniversary of the U.S. International Religious Freedom Act and the 60th anniversary of the UN Declaration of Human Rights. Greece, scheduled to assume the chairmanship of the OSCE starting in January 2009, came under particular criticism for its treatment of minorities. Unlike the highly emotional reactions of senior Greek diplomats in Warsaw two years ago, the delegation this year responded to critics by circulating position papers elaborating the Greek government’s views. Greece also responded to U.S. criticism regarding the application of Sharia law to Muslim women in Thrace by stating that Greece is prepared to abolish the application of the Sharia law to members of the Muslim minority in Thrace when this is requested by the interested parties whom it affects directly. Issues relating to the treatment of ethnic, linguistic and religious minorities in the OSCE region are likely to remain an important OSCE focus in the coming period, especially in light of developments in the Caucasus, and it remains to be seen how the Greek chairmanship will address these concerns in light of its own rigid approach to minorities in its domestic policies. Throughout the HDIM, many NGOs continued to express concern about the fitness of Kazakhstan to serve as OSCE Chair-in-Office in 2010 given serious short comings in that country’s human rights record. In particular, Kazakhstan was sharply criticized for a draft religion law (passed by parliament, but not yet adopted into law). One NGO argued that a Kazakhstan chairmanship, with this law in place, would undermine the integrity of the OSCE, and urged participating States to reconsider Kazakhstan for the 2010 leadership position if the law is enacted. Juxtaposing Kazakhstan’s future chairmanship with the possible final passage of a retrograde law on religion, the Almaty Helsinki Committee asked the assembled representatives, “Are human rights still a priority – or not?” (Meanwhile, on October 5, Secretary of State Condoleezza Rice visited Kazakhstan.) On the eve of the HDIM, Belarus held elections. Those elections received considerable critical attention during the HDIM’s focus on democratic elections, with the United States and numerous others expressing disappointment that the elections did not meet OSCE commitments, despite promises by senior Belarusian officials that improvements would be forthcoming. Norway and several other speakers voiced particular concern over pressures being placed on ODIHR to circumscribe its election observation activities. Illustrating those pressures, the Russian Federation reiterated elements of a proposal it drafted on election observation that would significantly limit the independence of ODIHR in its election observation work. The Head of the U.S. Delegation noted that an invitation for the OSCE to observe the November elections in the United States was issued early and without conditions as to the size or scope of the observation. (Russia and others have attempted to impose numerical and other limitations on election observation missions undertaken by the ODIHR and the OSCE Parliamentary Assembly.) Tolerance issues featured prominently during discussions this year, as they have at other recent HDIMs. Forty-three interventions were made, forcing the moderator to close the speakers list and requiring presenters to truncate their remarks. Muslim, migrant, and other groups representing visible minorities focused on discrimination in immigration policies, employment, housing, and other sectors, including racial profiling and hate crimes, amidst calls for OSCE countries to improve implementation of existing anti-discrimination laws. Jewish and other NGOs called for sustained efforts to combat anti-Semitism. Representatives of religious communities expressed concern about the confusion made by ODIHR in its Annual Hate Crimes Report between religious liberty issues and intolerance towards members of religious groups. This year, some governments and NGOs elevated their concerns relating to gay, lesbian, bisexual and transgender persons, increasingly placing these concerns in the context of the OSCE’s focus on hate crimes. A civil society tolerance pre-HDIM meeting and numerous side events were held on a broad range of tolerance-related topics. The United States and several U.S.-based NGOS called for a high-level conference on tolerance issues to be held in 2009. Unlike in prior years, however, no other State echoed this proposal or stepped forward with an offer to host such a high-level conference. In many of the formal implementation review sessions this year, NGOs made reference to specific decisions of the European Court on Human Rights, urging governments to implement judgments handed down in recent cases. During the discussion of issues relating to Roma, NGOs continued to place a strong focus on the situation in Italy, where Roma (and immigrants) have been the target of hate crimes and mob violence. NGOs reminded Italy that, at the OSCE Supplementary Human Dimension Meeting in July, they had urged Italy to come to the HDIM with concrete information regarding the prosecution of individuals for violent attacks against Roma. Regrettably, the Italian delegation was unable to provide any information on prosecutions, fostering the impression that a climate of impunity persists in Italy. As at other OSCE fora, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among the OSCE participating States. Of the 56 OSCE participating States, 54 have abolished, suspended or imposed a moratorium on the death penalty and only two – the United States and Belarus – continue to impose capital punishment as a criminal sanction. Two side events held during the HDIM also put a spotlight on the United States. The first event was organized by Freedom House and entitled, “Today’s American: How Free?” At this event, Freedom House released a book by the same title which examined “the state of freedom and justice in post-9/11 America.” The second event was a panel discussion on “War on Terror or War on Human Rights?” organized by the American Civil Liberties Union. Speakers from the ACLU, Amnesty International and the Polish Human Rights Foundation largely focused on issues relating to the United States, including the military commission trials at Guantanamo, and official Polish investigations into allegations that Poland (working with the United States) was involved in providing secret prisons for the detention and torture of “high-value” detainees.(3) In a somewhat novel development, Russian Government views were echoed by several like-minded NGOs which raised issues ranging from claims of “genocide” by Georgia in South Ossetia to grievances by ethnic Russians in Latvia and Estonia. Ironically, the Russian delegation, in its closing statement, asserted that this year’s HDIM had an “improved atmosphere” due (it was asserted) to the efforts by both governments and NGOs to find solutions to problems rather than casting blame. As at past HDIMs, some sessions generated such strong interest that the time allotted was insufficient to accommodate all those who wished to contribute to the discussion. For example, the session on freedom of the media was severely constrained, with more than 20 individuals unable to take the floor in the time allotted, and several countries unable to exercise rights of reply. Conversely, some sessions – for example, the session on equal opportunity for men and women, and the session on human dimension activities and projects – had, in terms of unused time available, an embarrassment of riches. Following a general pattern, Turkmenistan was again not present at the HDIM sessions this year.(4) In all, 53 participating States were represented at the meeting. At the closing session, the United States raised issues of particular concern relating to Turkmenistan under the “any other business” agenda item. (This is the sixth year in a row that the United States has made a special statement about the situation in Turkmenistan, a country that some view as having the worst human rights record in the OSCE.) For the past two years, there has been a new government in Turkmenistan. The U.S. statement this year noted some positive changes, but urged the new government to continue the momentum on reform by fully implementing steps it already has begun. In addition, the United States called for information on and access to Turkmenistan’s former representative to the OSCE, Batyr Berdiev. Berdiev, once Turkmenistan’s ambassador to the OSCE, was reportedly among the large number of people arrested following an attack on then-President Niyazov’s motorcade in 2002. His fate and whereabouts remain unknown. OSCE PA President João Soares addressed the closing plenary, the most senior Assembly official to participate in an HDIM meeting. The Russian-Georgian Conflict With the outbreak of armed violence between Russia and Georgia occurring only two months earlier, the war in South Ossetia would have seemed a natural subject for discussion during the HDIM. As a human rights forum, the meeting was unlikely to serve as a venue to debate the origins of the conflict, but there were expectations that participants would engage in a meaningful discussion of the human dimension of the tragedy and efforts to stem ongoing rights violations. As it turned out, this view was not widely shared by many of the governments and NGOs participating in the meeting. The opening plenary session foreshadowed the approach to this subject followed through most of the meeting. Among the senior OSCE officials, only High Commissioner on National Minorities Knut Vollebaek squarely addressed the situation in the south Caucasus. Vollebaek condemned the19th century-style politicization of national minority issues in the region and the violation of international borders. At the time of the crisis, he had cautioned against the practice of “conferring citizenship en masse to residents of other States” (a reference to Russian actions in South Ossetia) and warned that “the presence of one's citizens or ‘ethnic kin’ abroad must not be used as a justification for undermining the sovereignty and territorial integrity of other States.” Sadly, that sound advice went unobserved in Georgia, but it is still applicable elsewhere in the OSCE region.(5) The statement delivered by France on behalf of the countries of the European Union failed to address the conflict. During the plenary, only Norway and Switzerland joined the United States in raising humanitarian concerns stemming from the conflict. In reply, the head of the Russian delegation delivered a tough statement which sidestepped humanitarian concerns, declaring that discussion of Georgia’s territorial integrity was now “irrelevant.” He called on participating States to adopt a pragmatic approach and urged acknowledgment of the creation of the new sovereign states of Abkhazia and South Ossetia, terming their independence “irreversible” and “irrevocable.” Perhaps more surprising than this Russian bluster was the failure of any major NGO, including those who had been active in the conflict zone collecting information and working on humanitarian relief, to take advantage of the opportunity to raise the issue of South Ossetia during the opening plenary. As the HDIM moved into its working sessions, which cover the principal OSCE human dimension commitments, coverage of the conflict fared better. The Representative on Freedom of the Media remarked, in opening the session on free speech and freedom of the media that, for the first time in some years, two OSCE participating States were at war. During that session, he and other speakers called on the Russian Federation to permit independent media access to occupied areas to investigate the charges and counter-charges of genocide and ethnic cleansing. The tolerance discussion included calls by several delegations for Russia to cooperate and respond favorably to the HCNM’s request for access to South Ossetia to investigate the human rights situation in that part of Georgia. Disappointingly, during the session devoted to humanitarian commitments, several statements, including those of the ODHIR moderator and EU spokesperson, focused narrowly on labor conditions and migration, and failed to raise concerns regarding refugees and displaced persons, normally a major focus of this agenda item and obviously relevant to the Georgia crisis. Nevertheless, the session developed into one of the more animated at the HDIM. The Georgian delegation, which had been silent up to that point, spoke out against Russian aggression and alleged numerous human rights abuses. It expressed gratitude to the European Union for sending monitors to the conflict zone and urged the EU to pressure Russia to fully implement the Six-Point Ceasefire agreement negotiated by French President Sarkozy. The United States joined several delegations and NGOs calling on all parties to the conflict to observe their international obligations to protect refugees and create conditions for their security and safe voluntary return. In a pattern observed throughout the meeting, the Russian delegation did not respond to Georgian charges. It left it to an NGO, “Ossetia Accuses,” to make Russia’s case that Georgia had committed genocide against the people of South Ossetia. A common theme among many interventions was a call for an independent investigation of the causes of the conflict and a better monitoring of the plight of refugees, but to date Russian and South Ossetian authorities have denied both peacekeeping monitors and international journalists access to the region from elsewhere in Georgia. A joint assessment mission of experts from ODIHR and the HCNM, undertaken in mid-October, were initially denied access to South Ossetia, with limited access to Abkhazia granted to some team members. Eventually, several experts did gain access to the conflict zone in South Ossetia, though to accomplish this they had to travel from the north via the Russian Federation. One can only speculate why Georgia received such limited treatment at this HDIM. The crisis in the south Caucasus had dominated OSCE discussions at the Permanent Council in Vienna for weeks preceding the HDIM. Some participants may have feared that addressing it in Warsaw might have crowded out the broader human rights agenda. Others may have felt that, in the absence of a clear picture of the circumstances surrounding the conflict and with so many unanswered questions, it was best not to be too critical or too accusatory of either party. The EU (and particularly the French) were, at the time of the HDIM, in the process of negotiating the deployment of European observers to the conflict zone, and may have feared that criticism of Russia at this forum would have only complicated the task. In fact, the EU’s only oblique reference to Georgia was made at HDIM’s penultimate working session (a discussion which focused on human dimension “project activity”) in connection with the work of High Commissioner for National Minorities. (One observer of this session remarked that there seemed to be a greater stomach for dinging the OSCE Office for Democratic Institutions and Human Rights for shortcomings in its work than for criticizing Russia for invading a neighboring OSCE participating State.) Finally, other participants, particularly NGOs, seemed more inclined to view human rights narrowly in terms of how governments treat their own citizens and not in terms of how the failure to respect key principles of sovereignty and territorial integrity are invariably accompanied by gross violations of human rights and can produce humanitarian disasters. Amid simmering tensions between Russia and Georgia which could erupt into renewed fighting, and completion of a report requested by the Finnish Chairmanship in time for the OSCE’s Ministerial in Helsinki in early December, Ministers will have to grapple with the impact of the south Caucasus conflict and what role the OSCE will have. Beyond Warsaw The relative quiet of the HDIM notwithstanding, French President M. Nicolas Sarkozy put a spotlight on OSCE issues during the course of the meeting. Speaking at a conference in Evian, France, on October 8, he responded to a call by Russian President Dmitri Medvedev, issued in June during meetings with German Chancellor Angela Merkel, for a new “European Security Treaty” to revise Europe’s security architecture – a move seen by many as an attempt to rein in existing regional security organizations, including NATO and the OSCE. President Sarkozy indicated a willingness to discuss Medvedev’s ideas, but argued they should be addressed in the context of a special OSCE summit, which Sarkozy suggested could be held in 2009. The escalating global economic crisis was also very much on the minds of participants at the HDIM as daily reports of faltering financial institutions, plummeting markets, and capital flight promoted concerns over implications for the human dimension. Several delegations voiced particular concern over the possible adverse impact on foreign workers and those depending on remittances to make ends meet. Looking Ahead The human rights and humanitarian concerns stemming from the war in South Ossetia will likely come into sharper focus in the lead up to the December OSCE Ministerial in Helsinki as talks on the conflict resume in Geneva, and OSCE and other experts attempt to document the circumstances surrounding the outbreak of fighting and current conditions. The coming weeks can also be expected to bring renewed calls for an overhaul of the human dimension and the ODIHR by those seeking to curb attention paid to human rights and subordinate election monitoring activities. It remains to be seen whether Kazakhstan will fulfill the commitments it made a year ago in Madrid to undertake meaningful reforms by the end of this year. There is also the risk that a deepening economic crisis will divert attention elsewhere, even as the resulting fallout in the human dimension begins to manifest itself. It is unclear what priorities the Greek chairmanship will be set for 2009, a year that portends peril and promise. Notes (1) OSCE Human Dimension Implementation Meetings are held every year, unless there is a Summit. Summits of Heads of State or Government are preceded by Review Conferences, which are mandated to review implementation of all OSCE commitments in all areas (military-security, economic and environmental cooperation, and the human dimension). (2) Helsinki Document 1992, The Challenges of Change, IV (16). (3) Interestingly, at the session on human rights and counterterrorism, moderator Zbigniew Lasocik, member of the United Nations Subcommittee on Prevention of Torture, noted that Poland’s Constitutional Court had, the previous day, struck down a 2004 law that purported to allow the military to shoot down hijacked commercial aircraft – even if they were being used as weapons like the planes that killed thousands of people on 9/11. The Court reportedly reasoned that shooting down an aircraft being used as bomb would infringe on the constitutional protection of human life and dignity of the passengers. (4) Turkmenistan sent a representative to the HDIM in 2005 for the first time in several years. While responding to criticism delivered in the sessions, the representative appeared to focus more on monitoring the activities of Turkmen NGOs participating in the meeting. Turkmenistan subsequently complained that certain individuals who had been charged with crimes against the State should not be allowed to participate in OSCE meetings. Turkmenistan officials did not participate in the 2006 or 2007 HDIMs. Participation in the 2008 meeting would have been a welcome signal regarding current political developments. (5) The HCNM had previously expressed concern regarding Hungary’s overreach vis-a-vis ethnic Hungarian minorities in neighboring countries. In 2004, Hungary held a referendum on extending Hungarian citizenship to ethnic Hungarians abroad – an idea that still holds political currency in some quarters of Hungary – but the referendum failed due to low voter turnout.