The Commission met, pursuant to notice, in room 428-A, of the Russell Senate Office Building, at 10 a.m., Senator Alfonse M. D'Amato (chairman) and Representative Steny H. Hoyer (co-chairman) presiding. In attendance: Commissioners and Senators Gordon J. Humphrey and Dennis DeConcini; and Commissioner and Representative Don Ritter. Also in attendance: Michael R. Hathaway, staff director, and Mary Sue Hafner, general counsel of the Commission. This hearing took place before the Human Contacts Experts Meeting which was held in Bern, Switzerland beginning on April 15, 1986. Ambassador Michael Novak was head of the U.S. delegation to the Human Contacts Experts Meeting and testified in this hearing regarding U.S. goals for the meeting.

* Public Hearing on Restrictions on Artistic Freedom in the Soviet Union The Commission met, pursuant to notice, in room 210, Cannon House Office Building, at 10 a.m., Senator Alfonse M. D'Amato, chairman, and Representative Steny H. Hoyer, cochairman, presiding. In attendance: Commissioners and Senators John Heinz, Gordon J. Humphrey, and Dennis DeConcini; Commissioners and Representatives Dante B. Fascell, Don Ritter, and Christopher H. Smith. Also in attendance: Michael R. Hathaway, staff director, and Mary Sue Hafner, general counsel of the Commission. This hearing concerned restrictions on creative freedom in the Soviet Union.   Public Hearing on the Budapest Cultural Forum The Commission met, pursuant to notice, in room 538, of the Dirksen Senate Office Building, at 11 a.m., Senator Alfonse M. D'Amato, chairman, and Representative Steny H. Hoyer, cochairman, presiding. In attendance: Senator Malcolm Wallop, Commissioner. Also in attendance: Michael R. Hathaway, staff director, and Mary Sue Hafner, general counsel of the Commission. In this hearing, the Helsinki Commission heard testimony on the most recent international meeting in the Helsinki process, the Budapest Cultural Forum.

This report, which describes and evaluates the work of the Commission on Security and Cooperation in Europe, is in response to Chairman Fascell's request.  The report's conclusions: We believe that the Commission on Security and Cooperation in Europe has helped, through its hearings and reports, to focus public attention and to inform public opinion and has made itself a principal Western source of information on Soviet and East European violations of the Final Act; helped resolve numerous family reunification cases for Eastern victims of Communist repression; played a key role in planning and conducting U.S. Helsinki diplomacy.; and effectively promoted a strong U.S. human rights policy in the East-West dialogue about cooperation, detente, and international security. The Commission has put considerably less emphasis on implementing its second mandate--to monitor and encourage governmental and private programs aimed at expanding East-West economic and cultural cooperation. The Commission's unusual organizational arrangement has worked well, although there were some initial difficulties, and as some observers have pointed out, more orthodox arrangements could also have worked well. Commission-participation in the international conferences has enhanced its ability to carry out its mandate to monitor and report on implementation of the Helsinki accords, and it has increased the ability of the Commission's congressional members to influence U.S. policy in the Helsinki process. Yet it has invited criticism on constitutional grounds relating to the separation of powers because it has, in practice, given executive functions to staff personnel who report to members of Congress. No one we consulted has suggested that this arrangement should be changed with respect to the Helsinki Commission. Some, however, have cautioned against suggestions that such an arrangement might be applied to other areas of U.S. foreign relations.

The second follow-up meeting of the 35-nation Conference on Security and Cooperation in Europe (CSCE) finally came to a close on September 9, 1983, nearly three years after the deliberations began on November 11, 1980. Burdened throughout by sharply deteriorating East-West relations -- the result of the Soviet invasion and occupation of Afghanistan, the imposition of martial law in Poland and continuing Soviet human rights abuses -- the Madrid Meeting served to focus international attention on Soviet actions which violated the letter and spirit of the Helsinki Final Act. Even the formal closing week of the meeting was overshadowed by yet another Soviet atrocity -- the shooting down of a Korean commercial airliner with the loss of 269 lives. Review meetings like Madrid and its predecessor in Belgrade (October 1977 - March 1978) have a three-fold function: a review of the implementation records of the 35 participating states, the consideration of new proposals to enhance the provisions of the Helsinki Final Act and the adoption of a concluding document. The review of implementation at Madrid was frequently heated, at times tempestuous. Continuing East-West tensions over human rights and other issues determined that the consideration of new proposals and the adoption of a concluding document would necessarily be a protracted affair. While it did not take consensus to criticize implementation failures, CSCE procedures require unanimous consent of all 35 signatory states for agreement to a concluding document. The gulf between East and West was such, particularly on the key issues of human rights and military security, that more than two years of negotiations were necessary to produce the compromise concluding document. The length of these negotiations was also heavily conditioned by external events such as Poland and Afghanistan which had a strong negative effect on the proceedings.

This report, including its findings and recommendations, is based upon material compiled during the Commission's continuing study of Final Act implementation -- with special emphasis on the period since the last report in August 1980. The Commission has focused its attention in this report primarily on the compliance records of the Soviet Union and its Warsaw Pact allies where, with rare exceptions, the level of implementation in many areas continues to be appallingly low. Given the continued armed occupation of Afghanistan by Soviet forces; the imposition, under heavy Soviet pressures, of martial law in Poland; and the radically increased repression of all forms of dissent in the Soviet Union and many other Warsaw Pact countries, it is clear that compliance with the Final Act has seriously regressed. The Western CSCE states, on the other hand, generally have maintained relatively high standards of implementation in all areas of the Final Act, specifically, in those areas such as human rights where the Eastern record has been a cause of dismay. The Commission, therefore, has directed the bulk of its research to those nations whose records under the Helsinki Accords display the greatest need for improvement. For the CSCE review conference in Madrid, this report will serve as an overview of compliance of the two-year period since the Commission undertook its review in the fall of 1980. For the American public, whose support is essential to continued U.S. participation in the CSCE process, the report provides a current picture of major implementation achievements and shortcomings in the most critical areas - the Soviet Union and Eastern Europe. 

The Moscow Public Group to Promote Observance of the Helsinki Accords in the USSR (better known as the Moscow Helsinki Group) announced its formation at a press conference for Western journalists on May 12, 1976. The first statement of the Moscow Helsinki Group publicized the names and addresses of the founding members: Professor Yuri Orlov, Group leader; and founding members Lyudmila Alekseeva, Elena Bonner, Aleksandr Ginzburg, Petro Grigorenko, Malva Landa, Anatoly Marchenko, Vitaly Rubin and Anatoly Shcharansky. (Later, ten other human rights activists joined the Moscow Helsinki Group: Sofya Kalistratova, Ivan Kovalev, Naum Meiman, Yuri Mnyukh, Viktor Nekipelov, Tatiana Osipova, Feliks Serebrov, Vladimir Slepak, Leonard Ternovsky and Yuri Yarym-Agaev.) Believing that human needs and open information are directly related to international security, the Group seeks to inform the CSCE states and public opinion about violations in the USSR of the humanitarian provisions of the Final Act. The Moscow Helsinki Group hopes that the information it provides will be considered at those international meetings (the Belgrade Conference, the Madrid Conference and similar future meetings) which are envisioned in the Final Act, under the section "Followup to the Conference," to examine the fulfillment of obligations under the Helsinki Accords. The Group called itself the Group to Promote the observance of the Helsinki Accords to stress its loyalty to the authorities and its desire to cooperate if they revealed a conscientious attitude towards their Helsinki human rights obligations. The Group members called on other CSCE signatories to create similar citizens groups, since violations of the Final Act human rights provisions are possible in any country.

This report and its findings and recommendations are drawn from material compiled during the Commission's continuing study of Final Act implementation -- with special emphasis on the period since the last report in August 1977. Directed by law to give "particular regard" to the provisions of the Final Act section (Basket III) on Cooperation in Humanitarian and Other Fields, the Commission is: "Further authorized and directed to monitor and encourage the developoment of programs and activities of the United States government and private organizations with a view toward taking advantage of the provisions of the Final Act to expand East-West economic cooperation and a greater interchange of people and ideas between East and West." Guided by its mandate, the Commission has concentrated its attention in this report primarily on the compliance records of the Soviet Union and its Warsaw Pact allies where, with rare exceptions, the level of implementation in many areas has remained appallingly low and, in some cases, has even regressed. By comparison, Western CSCE states generally have maintained relatively high standards of implementation in all areas of the Final Act and, in particular, in those areas such as human rights where the Eastern record has been most dismal. Therefore, in examining the impact of the Final Act -- actions reflecting compliance with or violations of its articles -- the Commission, in this report, has directed the bulk of its research to those nations whose records under the Helsinki Accords stand the greatest need for improvement.