Title

Helsinki Commission Briefing to Examine Relationship Between Mosque and State in Central Asia

Thursday, December 13, 2018

WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing:

MOSQUE AND STATE IN CENTRAL ASIA
Can Religious Freedom Coexist with Government Regulation of Islam?

Monday, December 17, 2018
3:00 p.m.
Dirksen Senate Office Building
Room 562

Live Webcast: www.facebook.com/HelsinkiCommission

From 2016 to early 2018, the U.S. government designated three of Central Asia’s five nations— Tajikistan, Turkmenistan, and Uzbekistan—as countries of particular concern (CPC) for engaging in or tolerating “particularly severe violations of religious freedom” like torture, abduction, and clandestine or prolonged detention without charges. In these countries, people of all faiths, or no faith at all, have endured onerous government-mandated harassment, fines, and imprisonment for even minor breaches of state regulations of religious belief and practice.

To ensure regime stability and counter violent extremism, the governments of some Central Asian Muslim-majority countries impose strict and invasive violations of religious liberty on adherents of the Islamic faith. Islamic religious institutions and leaders are fully incorporated into the state bureaucracy. Exploring the faith outside the bounds of “official Islam” is forbidden and illegal.

The Helsinki Commission will convene an expert panel of regional and Islamic scholars to explain the different approaches to state regulation of Islam in Central Asia and the consequences of these policies for religious freedom, radicalization, and long-term political stability and social development.

The following panelists are scheduled to participate:

  • Kathleen Collins, Associate Professor, Political Science, and Russian and Eurasian Studies, University of Minnesota
  • Edward Lemon, DMGS-Kennan Institute Fellow at the Daniel Morgan Graduate School of National Security
  • Emil Nasrutdinov, Associate Professor of Anthropology, American University of Central Asia
  • Peter Mandaville, Professor of International Affairs, Schar School of Policy and Government, George Mason University

On December 11, 2018, Secretary of State Michael Pompeo re-designated Tajikistan and Turkmenistan as CPCs. He upgraded Uzbekistan to the Special Watch List—it had been previously designated as a CPC—based on recent progress.

In June 2018, Helsinki Commission Chairman Sen. Roger Wicker (MS) urged Secretary of State Pompeo to consider inviting Uzbekistan to the first Ministerial to Advance Religious Freedom because of significant steps taken by President Mirziyoyev to bring Uzbekistan into compliance with its international commitments to respect religious freedom. Later that month, he introduced the bipartisan Senate Resolution 539 calling on President Trump to combat religious freedom violations in Eurasia with a mix of CPC and Special Watch List designations, individual and broader sanctions, and development of a strategy specifically for the region.

In early July, the Parliamentary Assembly of the Organization for Security and Cooperation in Europe passed Chairman Wicker’s amendments recognizing the ongoing reforms of the government of Uzbekistan. A few weeks later Chairman Wicker met with Uzbekistan’s delegation to the Ministerial to Advance Religious Freedom—the only CPC invited—and highlighted the opportunity for Uzbekistan to be a model to other countries if the government follows through with essential reforms

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
  • Related content
  • Related content
Filter Topics Open Close
  • Northern Cyprus

    Mr. CARDIN. Mr. President, I rise today to return to the issue of the legacy of the invasion and ongoing occupation of Northern Cyprus and related human rights violations in the region. The disruption of a Christmas liturgy at the Orthodox Church of Agios Synesios, in Rizokarpaso, by the security services is appalling and should be roundly condemned by people of good will. The town, located in the Karpas region, is an anchor for the remnant of the once thriving Greek Cypriot community, now numbering several hundred mainly aged souls. The faithful had gathered at the church one of only a handful of Orthodox places of worship in the occupied area to have survived intact for a rare service. According to reports, members of the security services entered the church while the liturgy was being celebrated, ordered a halt to the religious service, and forced the worshipers and the priest out of the building before locking the doors. This sad turn of events has become all too familiar in a region under the effective control of the Turkish military. Of the 500 Orthodox Christian churches, monasteries, chapels and other sacred sites in the north, nearly all have sustained heavy damage, with most desecrated and plundered, including cemeteries. A mere handful, including the Church of Agios Synesios, may occasionally be used for religious services depending upon the whims of the local authorities and the military. The disruption of the Christmas Day liturgy is an affront to the dignity of those attending the service and is part of a disturbing pattern of violation of OSCE commitments on the fundamental freedom of religion, including the right of religious communities to maintain freely accessible places of worship. A related concern has been the tendency of State Department reports to downplay the difficulties faced by Orthodox Christians seeking to conduct services in northern Cyprus as well as the extent of the region's rich religious cultural heritage. I raised my concerns over the denial of religious freedom in occupied Cyprus when the Committee on Foreign Relations held a nomination hearing for the position of Ambassador-At-Large for International Religious Freedom and will continue to closely monitor the situation in that part of Cyprus . Under my chairmanship of the Commission on Security and Cooperation in Europe we undertook an examination of the destruction of religious cultural heritage in that part of Cyprus . Our findings, along with expert testimony were presented at a Commission briefing, ``Cyprus' Religious Cultural Heritage in Peril'' held on July 21, 2009. I encourage my colleagues and other interested parties to review the materials from that event, available on the Commission's Web site, www.csce.gov. A Law Library of Congress report: ``Cyprus : Destruction of Cultural Property in the Northern Part of Cyprus and Violations of International Law'' was also released at the briefing. In addition to documenting the extensive destruction of such sites, the briefing also touched on infringements of the rights of Orthodox Christians in Northern Cyprus to freely practice their religion. Those responsible for the interruption and abrupt forcible ending of the Christmas service at the Church of Agios Synesios should issue a formal apology for the boorish act of repression and I call upon all authorities in northern Cyprus to remove restrictions on the free exercise of freedom of religion and other basic human rights in this part of the country under their control.

  • Russia: U.S. Congressmen Propose Sanctions in Lawyer’s Death

    Members of the United States Congress introduced legislation on Wednesday that would impose financial sanctions and visa bans on Russian officials implicated in the case of Sergei L. Magnitsky, a Russian lawyer who died in prison in Moscow in November after being ensnared in tax inquiry. The measure’s sponsors — including Senator Benjamin L. Cardin, a Maryland Democrat, and Representative Jim McGovern, a Massachusetts Democrat — said it was intended to spur the Russian government to properly investigate Mr. Magnitsky’s death. His defenders contend that he was jailed in an effort to force him to falsify testimony against Hermitage Capital Management, a major foreign investment fund that once had large holdings in Russia. His death caused widespread outrage and focused renewed attention on police tactics and corruption in Russia.

  • Opening a Second Front

    The death in prison of Sergei Magnitsky, a young Russian lawyer, remains one of the darkest scandals in the blotchy history of Russia's criminal justice system, exemplifying a culture of impunity in which power and wealth are fungible, and those who get in the way get squashed. Mr Magnitsky died of untreated pancreatis in pre-trial detention. He hadaccused Russian officials of stealing millions of tax dollars paid by his client, Hermitage Capital Management. Energetic lobbying by the head of Hermitage, the American-born financier Bill Browder, now seems to be getting somewhere. Two senior American lawmakers, Senator Benjamin L. Cardin (a Democrat from Maryland), who is Chairman of the congressional Helsinki Commission and James P. McGovern (a Democratic congressman from Massachussetts), who chairs the Tom Lantos Human Rights Commission, have introduced laws that would prohibit some 60-odd Russian officials linked to his death from visiting the United States, and freeze any assets they hold under American jurisdiction. (The Russian officials concerned have either made no public comment, or deny all wrongdoing). Mr Cardin said: “Nearly a year after Sergei’s death, the leading figures in this scheme remain in power in Russia. It has become clear that if we expect any measure of justice in this case, we must act in the United States...At the least we can and should block these corrupt individuals from traveling and investing their ill-gotten money in our country.” Mr McGovern said: “I have introduced the ‘Justice for Sergei Magnitsky Act of 2010’ in the House of Representatives as a direct consequence of the compelling testimony at a hearing on human rights in the Russian Federation in the Tom Lantos Human Rights Commission. The death of this courageous whistleblower in a Russian prison is the consequence of an abysmal prison system and corruption aimed at defrauding the Russian Treasury of billions. We know about Sergei Magnitsky, and we know about Mikhail Khodorkovsky, but how many more Magnitskys and Khodorkovskys are currently suffering in Russian prisons? My bill addresses the root causes of these severe human rights violations -- the Russian prison system and official corruption. We should not rest until justice is achieved in Sergei’s case, and the money is returned to its rightful owners -- the people of the Russian Federation."

  • Roundtable Discussion: Minorities in France

    On behalf of Congressman Hastings, Dr. Mischa Thompson of the U.S. Helsinki Commission addressed concerns for the respect of minority rights in France, highlighting both the positive and negative developments that have been made in an effort to learn from both situations. Several points were discussed including the increasing number of minorities within politics in France and the countries response to Roman policies. Witnesses testifying at the briefing from both France and the United States assessed the status of minorities, especially young individuals, in regards to participation in political issues, economic issues, budgetary issues, and public health. Efforts to deconstruct ethno-racial prejudices and the methods of doing so were also debated.

  • Fostering Effective Ethnic Minority Political Participation in the OSCE Region

    By Alex T. Johnson and Mischa Thompson, PhD, Policy Advisors As part of an ongoing initiative to foster ethnic minority political participation in the OSCE region, Congressman Alcee L. Hastings (D-FL), Co-Chairman of the United States Helsinki Commission attended the United Nations (UN) Second Session of the Forum on Minority Issues. The Session focused on Minorities and Effective Political Participation, took place on November 12 and 13, 2009 at the Palais des Nations in Geneva, Switzerland. The purpose of the Forum was to “identify and analyze best practices, challenges, opportunities and initiatives for the further implementation of the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.” The Forum consisted of a Preparatory Meeting for NGOs, Workshop for Minority Political Actors, the Forum, and two Side events organized by the Minority Rights Group and United Nations Office of the High Commissioner for Human Rights. Recommendations based on the proceedings were produced at the close of the forum. The U.S. delegation to the Forum was led by Congresswoman Barbara Lee (D-CA), Chairman of the Congressional Black Caucus. In addition to Co-Chairman Hastings, other members of the U.S. delegation included, Congressman Mike Honda (D-CA) - Chair of the Congressional Asian Pacific American Caucus, and Delegate Donna Christensen (D-VI). The Forum was Chaired by Congresswoman Lee and convened by United Nations Independent Expert on Minority Issues, Gay McDougall. More than five hundred persons participated in the Forum, including more than eighty elected officials and other political actors, forty-five delegates and ninety-five non-government organizations from all over the world. The U.S. Delegation attended the Workshop for Minority Political Actors, which took place prior to the Forum and allowed elected officials and other political figures to discuss their own priorities and strategies for increasing minority political participation. Participants discussed barriers and possible remedies and efforts governments, parliaments, political parties, national human rights institutions, civil society, treaty bodies, United Nations institutions, the media, and other stakeholders could engage in to foster minority political participation. The U.S. delegation focused on the need to educate minority populations on their civil and political rights, including voting, running for office, and advocacy. Additionally, to address the lack of representation of minorities in government, the delegation called for initiatives that would increase employment opportunities for minorities in the political sphere. Specifically, these recommendations included introducing civic education programs led by minorities and developing minority youth professional development programs at government agencies, in parliaments, and in international bodies. Congressman Honda highlighted the importance of including minorities in the development, management, and implementation of government initiatives targeting minorities. “One should see minorities in professional positions upon immediately entering national human rights agencies, especially when the agency has a stated goal of combating racism and discrimination,” he argued. (This and other suggestions from the U.S. Delegation were included in the final Recommendations of the Forum.) As Chairperson, Congresswoman Lee opened the official Forum. In her remarks, she noted that empowering minorities politically is critical to achieving a truly democratic, free and global community. While she cited the election of President Barack Obama as an example of gains made toward fair election processes, she stated that minorities are still underrepresented in the U.S. Congress. For instance, there is currently only one African-American serving in the U.S. Senate.) Additionally, she stated that a continued focus of the Congressional Black Caucus and other minority caucuses was to address disparities between minority and majority populations in all aspects of society including the political arena. Following her remarks, government delegates and members of civil society ranging from Iranian dissidents to South Asian Dalit activists gave remarks. While many of the governments offered descriptions of their various initiatives to foster minority political participation, some governments provided assessments and prescriptions for improvement, including the U.S. government. Of particular relevance to minority political participation in the European context were the comments of OSCE High Commissioner on National Minorities Knut Vollebaek. The Office of the High Commissioner on National Minorities is a unique institution of the OSCE in that it is situated in a politico-security dimension of the organization and facilitates confidential direct assessments on the status of minorities in the 56 participating States of the OSCE. High Commissioner Vollebaek highlighted how the underrepresentation of minorities in public services exacerbates the challenge of involving minorities in civic life. More specifically, he noted that exclusion and its causes threaten the stability of societies if left unaddressed. Other presentations throughout the forum corroborated the importance of this message. Speaking on the panel “Concrete Steps to Advance Minority Political Participation and to Build Capacity of Minorities to Participate Effectively,” Co-Chairman Hastings highlighted his work with minority European Parliamentarians in convening the 2009 Black European Summit.  He noted findings from the Summit, including that “the majority of our political and legal systems do not accurately reflect the racial and ethnic diversity of our societies.” He called for this problem to be addressed via “simple solutions governments, political parties, and non-governmental organizations can employ such as advertising employment opportunities in minority communities, requiring that at least a percentage of persons interviewed for a position are minorities, and providing fellowships and internships for minority youth in Parliament, government agencies, and other organizations.” Minority Roundtable On the margins of the UN Minority Issues Forum, Co-Chairman Hastings convened a roundtable of participants of the April 2009 Black European Summit and other interested parties. The roundtable provided an opportunity to follow up on the Brussels Declaration adopted at the close of the Black European Summit (see Appendix 1), and discuss future initiatives for continuing the transatlantic dialogue. The discussion also informed individuals unable to participate in the Black European Summit about the scope of activities and potential for future collaboration. Participants identified destinations for study tours to view the situation of minorities and existing initiatives to increase minority political participation in the OSCE region. The United Kingdom, Netherlands, France, and Germany were specifically named given that the populations of visible minorities in these countries remains high and that they each offer unique narratives for analyzing methods to overcome barriers to minority political participation. Participants reaffirmed the need for annual meetings to sustain linkages between minority political actors and agreed to identify additional minority leaders to expand the transatlantic dialogue and plan future initiatives. Conclusion The “Recommendations of the second session of the Forum on Minority Issues on minorities and effective political participation” were compiled at the close of the Forum and should serve as a useful guide for governments to foster minority political inclusion. Moreover, in the OSCE region, sustaining a transatlantic dialogue with minority political actors focused on minority political inclusion is not only key to implementation of the recommendations, but also realizing the commitments to democratic societies enshrined in both the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and the Helsinki Final Act. Appendix 1 Brussels Declaration We, as members of the public, private, and voluntary sectors from Europe and the United States of America convening in Brussels, Belgium from the 15 to 16 of April 2009 for the Black European Summit: Transatlantic Dialogue on Political Inclusion, draw attention to the need for coordinated strategies to address racism and discrimination; We recognize the democratic, multi-ethnic and multi-racial nature of our countries’ diverse societies; We reaffirm the principles of equal rights and self-determination of peoples and recalling that all individuals are born equal in dignity and rights; We remain concerned that the political and legal systems in some of our societies do not reflect the racial and ethnic diversity within our societies, which then contributes to the continuation of racism and discrimination; We recognize that the full access of racial and ethnic minorities to participate in the political sphere and relevant areas of decision making at the levels of national, regional, and locally elected government appropriate to each nation is critical to combating racism and inequality and ensuring our democratic societies; We therefore note the need for concrete strategies to: increase the representation and influence of racial and ethnic minority policymakers; jointly seek solutions to racial and ethnic minorities increased participation in decision-making in the development and implementation of policy initiatives to address discrimination and inequality; and support opportunities to exchange and share perspectives in these areas through the continuance of a transatlantic dialogue to realize these goals. We today resolve that we will endeavor to enact initiatives to eradicate racial and ethnic discrimination through: Continuing a transatlantic dialogue that: includes cultural exchanges between American and European racial and ethnic minority groups, including youth; focuses on the development of opportunities for racial and ethnic minority political leadership and participation in the policymaking process; and fosters the exchange of information on best practices to implement and enforce antidiscrimination measures and achieve racial equality; Joining forces over the coming months to develop common goals and objectives in each of our decision-making bodies to recognize Europe’s Black and racial and ethnic minority populations for their historical and present-day contributions and acknowledge past injustices; Promoting racial and ethnic minority participation at all levels of national, regional, and local government through the education of civil and political rights, including the legislative process and advocacy of legislative issues relevant to racial and ethnic minority communities, development of targeted professional development and hiring strategies, and increased youth and community outreach; Reaffirming our continued cooperation and commitment to work with our governments, international institutions, civil society, private sector, and other partners to improve institutions so that they are fully participatory and reflect the democratic principles of equality, justice, and celebration of the strengths of our countries’ diversity. In 2008, Congressman Hastings Chaired two U.S. Helsinki Commission hearings entitled: “The State of (In)visible Black Europe: Race, Rights, and Politics” and “Racism in the 21st Century: Understanding Global Challenges and Implementing Solutions.” At the hearings, the lack of minority representation in European policymaking, especially at national levels, was identified as a major obstacle to combating racism and discrimination by European witnesses. This prompted a call for a transatlantic dialogue on minority political participation that included best practices from the United States’ Civil Rights Movement. The resulting events have been the 2009 Black European Summit and 2010 Transatlantic Dialogue on Minority Political Leadership.

  • The Future of an Efficient Eurasian Transit System Stopped Dead in Its Tracks? A Report on the 18th Economic and Environmental Forum and the Future of Central Asian Road and Rail Transport

    By Josh Shapiro, Staff Associate The 18th Economic and Environmental Forum (EEF) was held this year on May 24-26, 2010, in Prague, Czech Republic with the theme of promoting good governance at border crossings, improving the security of land transportation, and facilitating international transport by road and rail in the OSCE region. The Forum brought together 42 of the 56 OSCE participating States, four Partners for Cooperation, multiple international organizations including the United Nations Economic Commission for Europe (UNECE) and the International Road Transport Union (IRU), and several business, academic, and non-governmental organizations. The EEF is annually the central event of the Organization for Security and Cooperation in Europe’s economic and environmental activities. The Forum gives political impetus to dialogue in this area and provides recommendations for future follow-up activities. The EEF takes place in two parts, of which this meeting in Prague is the second; the first part was held on February 1-2, 2010 in Vienna, Austria. Two preparatory conferences for the Forum have also been held, the first in Astana, Kazakhstan on October 12-13, 2009 and the second in Minsk, Belarus on March 15-16, 2010. The 18th Economic and Environmental Forum in Review Transport is a crucial factor, not only between Asia and Europe, but around the world. The need for simplified systems, which can cut down transit times and costs for products, will enable countries to thrive from the revenue and job creation that it possesses to affected countries. Along with these positive factors comes the downside of such a new system. More corruption, environmental pollution, and the need for more security measures will all become new factors. The road to implementation of a fully integrated Eurasian transit system will be long and tough. A slew of major bumps along the way will surely slow the progress of long-term execution, which includes, but is not limited to, revising visa and customs procedures, rule of law issues between neighboring countries, smuggling of weapons and drugs, human trafficking concerns, and private and public sector corruption. Concerns about the increase of prices of goods due to delays from the aforementioned issues and improving customs systems have arisen, given that many neighboring countries have complex differences between them. Enhancement of cooperation between these participating States will be a critical test to the vitality of this proposed transit network and whether it will survive the many problems it faces. Prospects for the further development of efficient and secure transit transportation between Asia and Europe Improving Eurasian transport links can promote mutual economic growth and help overcome the current global economic recession. Further development will help facilitate positive partnerships between participating States, and will help stabilize the region. Additionally, landlocked countries will benefit greatly from the new trade routes built with their neighboring transit countries. The current state of transport links is in dire need of improvement. According to Russian Railways, building a 1520 millimeter gauge railway in Slovakia from Bratislava to Vienna, as well as associated logistics infrastructure, may be a breakthrough in developing the transport link from Europe through Central Asia to China. This proposed railway will attract freight traffic from numerous countries including Austria, Slovakia, the Czech Republic, Hungary, Germany, Switzerland, Italy, Slovenia, Serbia and Croatia. By building a new system, it will take approximately one-third of the transit time currently in place, helping move current maritime transport practices to more efficient and cost-effective road and rail transport. Rises in global economy are determined by transport, energy, climate, and water security. Building a new ground system will not, however, provide for a perfect method of transport, as an infrastructure without security is useless. Review of the implementation of OSCE commitments in the economic and environmental dimension The United Nations Economic Commission for Europe (UNECE) prepared a Review Report focused on the facilitation of international transport and the security of inland transport. In the report, there is discussion of the many challenges that an integrated Eurasian transport system faces. For example, road traffic safety, border crossing challenges, capacity and quality of road and rail infrastructure are just a few of the obstacles. There must be a shift from a national transit perspective to a regional perspective. Once integrated, there must be a shift from a regional to an inter-continental approach. Additional challenges include a development gap between countries, as some do not have the resources to build such an infrastructure. Investment in transport is a question of priority within a country, as some give precedence to other issues, regardless of what a neighboring participating State might do. CO2 abatement, traffic safety, and trade and transport facilitation need to be compared to security concerns. The lack of a current unified rail law is a major issue, and land transport security is currently well underestimated. According to the UNECE, road safety should be given priority when looking at security issues. In fact, more people have been killed since World War II on the roads than in the War itself. Currently, road and rail networks are not integrated fully, especially in Central Asia, and the need for an adequate and coherent system will be challenging. According to Ms. Eva Monár of UNECE, inland water transport is currently operable; however, efficient integration into the modern day system is lacking because not all countries border a body of water. The environmental impact of an expansion is of major concern, as air pollution causes health hazards and harms our atmosphere. The need for more efficient ‘green’ vehicles is recommended in some UNECE countries, as well as proposed paths around urban areas, reducing noise nuisance and smog. Promoting Good Governance in International Transportation and at Border Crossings Many barriers are faced in international transportation, including issues at border crossings. Approximately 40% of transit time is lost at border crossings as a result of bad governance and the lack of a simplified visa and customs process. Based off of numerous presentations, the need for cooperation between countries is a must and a proactive approach must be made. Procedures need to be modified so that freight traffic can move in a secure and regulated manner, and contractual frameworks need to be in place for joint liability between carriers and its customers. According to the International Rail Transport Committee (CIT), the OSCE could also play a role in locating and identifying efficient trade routes and motivate participating States to conduct pilot projects to check for potential issues. An example was given at the Forum of a demonstration train that the Economic Cooperation Organization (ECO) ran from Islamabad, Pakistan to Istanbul, Turkey in the fall of 2009. The run proved to potential private investors to take another look at its promise for faster and efficient trade, and this example particularly demonstrated the importance of political will from the States that took part. Regarding customs issues, The Arusha Declaration, adopted by the World Customs Organization in 1993 and revised in 2003, outlines a way forward to enhance integrity in the Customs environment. The revised Kyoto Convention is also key to implement, which harmonizes the customs clearing process. The major concern is the lack of integrity within the customs community and the strong need for governments to be fully committed to reduce corruption. For example, according to a representative of Azerbaijan, modernization of its procedures is already taking place and the amount of waiting time during its customs process has decreased ten-fold. Simplifying the documentation system and implementing a single window structure is the key, as well as training border patrol agents correctly on following up-to-date procedures. The United Nations Conference on Trade and Development suggests that the implementation of existing conventions should be given priority and that public-to-public and public-to-private sector relations are both very important. The Rotterdam Rules were brought up, which were the result multilateral negotiations that took place within the United Nations Commission on International Trade Law for seven years starting in 2002. The Convention, signed by 21 countries including the United States, describes who is responsible and liable for what, and brings clarity under a single contract of carriage. Ireland, which will chair the OSCE in 2012, noted that the EU’s single window market took more than 40 years to implement and the longer term benefit of such a system far outweighs the potential loss of sifting through free trade agreements. Transport facilitation and Security in Central Asia and with Afghanistan Afghanistan currently faces numerous challenges when trading with its neighboring countries and the world. According to Mr. Ziauddin Zia, Adviser to the Minister of Commerce and Industry of Afghanistan, the obstacles include implementing second-generation policy reforms, the exorbitant cost of doing business, a weak-knowledge economy, and poor infrastructure. Tremendous progress has been made in Afghanistan, though, which has recently been torn with violence and corruption. There was a mention by Mr. Zia of the ‘World Bank’s Doing Business’ report, which lists economies on their ease of doing business, of which Afghanistan is ranked last out of 183 countries for the ease of trading across its borders. Poor road conditions hinder efficient trade, and the lack of access to Central Asia by rail limits the possibility of trade with neighboring States. In the long term, if reform in Afghanistan can be achieved in such challenging conditions, other countries can certainly do it as well. Mr. Thomas M. Sanderson, Deputy Director and Senior Fellow at the Center for Strategic and International Studies (CSIS), stressed the economic significance and geopolitical importance of Afghanistan due to its strategic location as the land bridge between the subcontinent, Central Asian states, and the Persian Gulf. Legal frameworks and capacity building through the OSCE could place an added value to the region as well. The Impact of Transportation on Environment and Security Many risks are associated with transcontinental transport, including shipping hazardous waste and dangerous goods. There was a focus on many instances where these materials are shipped through non-EU countries, which do not have to adhere to guidelines already in place. The need to adopt legislation for a single method system to then work with prior European legislation was a discussion topic, as well as the need for construction of secure railcars and subsequently a study of accident prevention. International training of monitoring personnel and trainers were brought to light, and the idea of translating more training manuals was suggested. Unfortunately, security is a major factor that is holding up talks to build an intercontinental rail transport system. Air transport is now secure but rail is certainly not. There are countless access points to terrorize a rail system, as opposed to scanning cargo and passengers in a secure arena such as an airport. Initial costs may increase to prevent terrorism and provide a more secure system, but the long-term economic benefits will make the venture worthwhile. Specific Transport Security Aspects and the Role of the OSCE The importance of land versus maritime transportation is quite evident, as virtually all freight is carried on roads at some point throughout the shipping-to-receiving process. The security aspect of land transportation is much more complex than that of sea, as there is much more potential of terrorist acts being carried through over such a vast area. Some argue, though, that there is an unwillingness of governments to compromise sovereignty in favor of international frameworks and measures. Enhancing inland transport security is key, though currently it appears to be under-protected, especially in the international law perspective. ‘Good practice’ sharing is an effective and inexpensive way to enhance transport security. The United Nations Economic Commission for Europe has organized an ‘Inland Transport Security Discussion Forum’ to provide dialogue on inland transport security issues. The threat of weapons of mass destruction remains but the need to focus on those areas in which cargo is relatively harder to protect is crucial. Closed methods of transport, including aviation (100% passenger and luggage screening) and maritime transport (almost 100% container scanning), might currently be used for global transit, though more of a look into inland transit needs to take effect. Inland transit remains open and accessible to security threats, and design safety standards on railcars and cargo vehicles need to improve. Current financial uncertainty will place greater scrutiny on the decision-making process, especially in the aspect of security. A look at history and past events, such as the Madrid, London, and Russian train bombings, will need to be integrated into the managerial process; however, there is no existing model that fully meets the need of a counter-terrorism security appraisal. Follow-up to the 18th Economic and Environmental Forum The Eighteenth Economic and Environmental Forum is a clear example that the OSCE is taking efforts to provide dialogue to facilitate and secure road and rail transportation, and an effective Eurasian transport system will be a long-term undertaking. Cooperation from neighboring countries and the perseverance of its people to one day be a part of a larger system than just their own will lead to lower overall priced goods and more security for its citizens. The U.S. welcomes further discussion by Kazakhstan, the current Chair-in-Office of the OSCE, of trade and transport ideas at the upcoming OSCE summit, as Kazakhstan is a land-locked country and could reap significant benefits from freer regional trade. Subsequent peace and stability would have a profound effect in the region, especially in Afghanistan where trade is hindered by corruption and the lack of efficient infrastructure. Although many agreements between participating States exist, overcoming the political and economic hurdles to effective implementation will remain the key impediment to success.

  • Copenhagen Anniversary Conference

    By Orest Deychakiwsky, Policy Advisor Representatives from a majority of the 56 OSCE participating States and several dozen non-governmental organizations (NGOs) gathered in Copenhagen on June 10-11 to mark the 20th anniversary of the adoption of the 1990 Copenhagen Document and to assess implementation of key provisions of that landmark document. The anniversary conference, titled “20 years of the OSCE Copenhagen Document: Status and Future Perspectives,” was co-organized by the Kazakhstani OSCE Chairmanship and Denmark, and held at the Eigtveds Pakhus, Danish Ministry of Foreign Affairs. Michael Haltzel led the U.S. delegation, which was joined by U.S. Ambassador to the OSCE, Ian Kelly and representatives from the OSCE Mission in Vienna, the State Department and the Helsinki Commission. Five substantive working sessions, reflecting some of the major themes of the groundbreaking Copenhagen Document, were held: Democratic processes – elections and human rights; Rule of Law; National Minorities; Freedom of Movement; and Measures to improve implementation of the human dimension commitments. Many speakers highlighted the historic importance of the Copenhagen Document, which offered a blueprint for pluralistic democratic development, rooted in the rule of law and protection of human rights, throughout the OSCE region – a revolutionary document at the time and one that remains highly relevant two decades later. The June 1990 Copenhagen Meeting came at a unique time in history when dramatic changes were taking place; the fall of the Berlin Wall and subsequent collapse of one-party regimes in Eastern Europe had taken place only months earlier. And the following year – 1991 -- witnessed the emergence of 15 independent states with the dissolution of the Soviet Union. Truly, those were dynamic days during which sweeping new commitments -- which would have been impossible to garner consensus for years or even months prior -- received universal support. Indeed, it is questionable as to whether consensus to the Copenhagen agreement would be found today, given the democratic and human rights backsliding that has occurred in a number of participating States. The Copenhagen Document underlines the centrality of political pluralism, civil society and human rights as fundamental elements of functioning democracies. As Ambassador Max Kampelman, the head of the U.S. delegation to the 1990 conference summed it up, “In effect, the Copenhagen document represents the first formal proclamation, by the States themselves, of a Europe both whole and free.” It identified the protection of human rights and fundamental freedoms as one of the basic purposes of government and acknowledged that democracy is an inherent element of the rule of law. Among the achievements of the Copenhagen Document were the far-reaching commitments on democratic elections which laid the groundwork for the OSCE’s future activities with respect to election observation. Copenhagen also represented a significant step forward with respect to the protection of minorities, and for the first time there was a direct reference to Roma and to anti-Semitism. While participants at the anniversary meeting underscored the significant progress over the last 20 years, many also called for fuller compliance with the Copenhagen commitments, noting, for instance, backsliding in holding democratic elections in some participating States; suppression of civil society, including independent media, NGOs and human rights defenders; the deficit of impartial and independent justice; and the lack of separation of powers – especially the concentration of power in the executive. The last session of the conference discussed measures to improve implementation of human dimension commitments, including the prevention of human rights violations through the use of reporting before the violations occur; enhancement of standards and commitments; strengthened monitoring mechanisms, including a U.S. proposal to dispatch special representatives to investigate reports of egregious human rights violations and make corrective recommendations before the violations become entrenched; and improved cooperation with, and involvement of, civil society actors in advancing democracy, human rights and the rule of law. Ultimately, however, compliance with existing standards enshrined in the Copenhagen Document, the Helsinki Final Act and all other OSCE commitments remains the primary responsibility of the participating State.

  • In the Eye of the Storm: Chechnya and the Mounting Violence in the North Caucasus

    A year after the leading Russian human rights defender, Natalya Estemirova, was abducted near her apartment building in the Chechen capital Grozny, transported to the neighboring republic of Ingushetia and brutally killed, human rights abuses and a continuing climate of fear prevailed in Chechnya and elsewhere in the North Caucasus region of the Russian Federation.  Ronald McNamara, International Policy Director at the Commission, led a discussion on the marked increase in extrajudicial killings and politically motivated disappearances in Chechnya as well as in neighboring Ingushetia and Dagestan.  Witnesses – Elena Milashina, Raisa Turlueva, and Igor Kalyapin – discussed how strongman Ramzan Kadyrov, the Republic’s Kremlin-backed president, publicly labeled independent journalists and rights activists as “traitors and enemies of the state” and how he reportedly praised the perpetrators of recent paintball gun attacks on the streets of Grozny targeting women for not wearing headscarves.  They emphasized the difficulty of resolving the problem because of Moscow’s backing of Ramzan and of a political model in which “bandits” serve as a prop for the federal powers that be.

  • OSCE Parliamentary Assembly Session in Oslo

    Mr. CARDIN. Mr. President, I want to report on the activities of a bicameral, bipartisan congressional delegation I had the privilege to lead last week as chairman of the Helsinki Commission. The purpose of the trip was to represent the United States at the 19th Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, otherwise known as the OSCE PA. The annual session this year was held in Oslo, Norway, and the U.S. delegation participated fully in the assembly's standing committee, the plenary sessions, the three general committees and numerous side events that included discussion of integration in multiethnic societies and addressing gender imbalances in society.  Although some last-minute developments at home compelled him to remain behind, our colleague from the other Chamber, Mr. Alcee Hastings of Florida, was present in spirit as the deputy head of the delegation. Mr. Hastings, who co-chairs the Helsinki Commission, was very active in the preparations for the trip, and his legacy of leadership in the OSCE PA--for over a decade--is tangible in the respect and goodwill afforded the United States during the proceedings.  Our assistant majority leader, Mr. Durbin of Illinois, joined me on the trip, as he did last year. Our colleague from New Mexico who serves as a fellow Helsinki Commissioner, Mr. Udall, also participated. Helsinki Commissioners from the other Chamber who were on the delegation include Mr. Christopher Smith of New Jersey, serving as the ranking member of the delegation, as well as Mrs. Louise McIntosh Slaughter of New York, and Mr. Robert Aderholt of Alabama. Although not a member of the Helsinki Commission, Mr. Lloyd Doggett of Texas has a longstanding interest in OSCE-related issues and also participated on the delegation.  As many of you know, the OSCE Parliamentary Assembly was created within the framework of the OSCE as an independent, consultative body consisting of over 300 Parliamentarians from virtually every country in Europe, including the Caucasus, as well as from Central Asia, and the United States, and Canada. The annual sessions are held in late June/early July as the chief venue for debating issues of the day and issuing a declaration addressing human rights, democratic development and the rule of law; economic cooperation and environmental protection; and confidence building and security among the participating states and globally.  This active congressional participation helps ensure that matters of interest to the United States are raised and discussed. Robust U.S. engagement has been the hallmark of the Parliamentary Assembly since its inception nearly 20 years ago.  The theme for this year's annual session was ``Rule of Law: Combating Transnational Crime and Corruption.'' In addition to resolutions for each of the three general committees, delegations introduced a total of 35 additional resolutions for consideration, a record number, including 4 by the United States dealing with:  Nuclear security , which followed up directly on the Nuclear Summit here in Washington in April;  The protection of investigative journalists, a critical human rights issue as those who seek to expose corruption are targeted for harassment or worse;  Mediterranean cooperation, building on the OSCE partnerships to engage important countries in North Africa and the Middle East; and  Combating the demand for human trafficking and electronic forms of exploitation, a longstanding Helsinki Commission issue requiring persistence and targeted action.  U.S. drafts on these relevant, important topics received widespread support and were adopted with few if any amendments.  Beyond these resolutions, the United States delegation also undertook initiatives in the form of packages of amendments to other resolutions. These initiatives addressed:  The needs of the people of Afghanistan in light of the smuggling and other criminal activity which takes place there. The struggle for recovery stability and human rights in Kyrgyzstan, which is an OSCE state in the midst of crisis. And  Manifestations of racism and xenophobia that have become particularly prevalent in contemporary Europe. A critical U.S. amendment allowed us generally to support a French resolution that usefully addressed issues relating to the closure of the detention facility in Guantanamo Bay. Still other amendments coming from specific members of the U.S. Delegation covered a wide range of political, environmental and social issues relevant to policymakers. My colleagues and I were also active in the successful countering of amendments that would have steered resolutions on the Middle East and on the future of the OSCE multilateral diplomatic process in directions contrary to U.S. policy.  Beyond the consideration of the resolutions which now comprise the Oslo Declaration, the annual session also handled some important affairs for the OSCE PA itself. These, too, had relevance for U.S. policy interests:  the American serving as OSCE PA Secretary General, Spencer Oliver, was reappointed to a new 5-year term; a modest--and for the third fiscal year in a row--frozen OSCE PA budget of about $3 1/2 million was approved that requires continued and unparalleled efficiency in organizing additional conferences, election observation missions, and various other activities that keep the Parliamentary Assembly prominently engaged in European and Central Asian affairs;  in addition to my continued tenure as a vice president in the Parliamentary Assembly, Mr. Aderholt of Alabama was reelected as the vice chair of the general committee dealing with democracy, human rights, and humanitarian questions which ensures strong U.S. representation in OSCE PA decision-making; and a Greek parliamentary leader defeated a prominent Canadian senator in the election of a new OSCE PA president, following a vigorous but friendly campaign that encouraged the assembly to take a fresh look at itself and establish a clearer vision for its future.  While the congressional delegation's work focused heavily on representing the United States at the OSCE PA, we tried to use our presence in Europe to advance U.S. interests and express U.S. concerns more broadly. The meeting took place in Norway, a very close friend and strong, long-time ally of the United States of America. In discussions with Norwegian officials, we expressed our sorrow over the recent deaths of Norwegian soldiers in Afghanistan. We also shared our concerns about climate change and particularly the impact global warming has on polar regions  Indeed, on our return we made a well-received stop on the archipelago of Svalbard, well north of the Arctic Circle, to learn more about the impact firsthand, from changing commercial shipping lanes to relocated fisheries to ecological imbalance that make far northern flora and fauna increasingly vulnerable. The delegation also visited the Svalbard Global Seed Vault, a facility that preserves more than 525,000 types of seeds from all over the world as a safeguard for future crop diversity, and took the opportunity to donate additional U.S. seeds to the collection.  Norway is located close to a newer, but also very strong, ally with close ties to the United States, Estonia. Since last year's delegation to the OSCE PA Annual Session went to Lithuania and included Latvia as a side trip, I believed it was important to utilize the opportunity of returning to northern Europe to visit this Baltic state as well.  While some remained in Oslo to represent the United States, others traveled to Tallinn, where we had meetings with the President, Prime Minister, and other senior government officials, visited the NATO Cooperative Cyber-Defense Center of Excellence and were briefed on electronic networking systems that make parliament and government more transparent, efficient and accessible to the citizen. Estonia has come a long way since it reestablished its independence from the Soviet Union almost 20 years ago, making the visit quite rewarding for those of us on the Helsinki Commission who tried to keep a spotlight on the Baltic States during the dark days of the Cold War.  During the course of the meeting, the U.S. delegation also had bilateral meetings with the delegation of the Russian Federation and a visiting delegation from Kyrgyzstan to discuss issues of mutual concern and interest.  U.S. engagement in the OSCE Parliamentary Assembly sends a clear message to those who are our friends and to those who are not that we will defend U.S. interests and advance the causes of peace and prosperity around the world.

  • A Decade of the Trafficking in Persons Report

    Senator Benjamin L. Cardin convened a standing-room only hearing centered on the diplomatic impact of the Trafficking in Persons (TIP) Report.  The hearing focused on the ten years that the annual TIP report has been prepared by the State Department. Improvements to TIP-related efforts were suggested, such as working more closely with the Tier 2 Watch List countries in the OSCE Region, – Azerbaijan, Moldova, the Russian Federation, Tajikistan, Turkmenistan, and Uzbekistan – helping them to implement the changes necessary to meet the minimum standards and to avoid statutory downgrades which will otherwise be required in next year’s TIP report. Witnesses testifying at this hearing – including Luis CdeBaca, Ambassador at Large of the U.S. Department of State Office to Monitor and Combat Trafficking in Persons; Maria Grazia Giammarinaro, Special Representative and Coordinator for Combating Trafficking in Human Beings of the Organization for Security and Cooperation in Europe; Jolene Smith, CEO & Co-Founder of Free the Slaves; and Holly J. Burkhalter, Vice President for Government Relations of the International Justice Mission – explored ways to potentially create extra-territorial jurisdiction for trafficking cases.  They also focused on ways to deter demand for trafficking victims in all countries, including Tier 1 countries.

  • Global Threats, European Security and Parliamentary Cooperation

    From nuclear security to climate change, global terrorism to anti-corruption efforts, this hearing examined what parliamentarians can do to work together on some of the most significant challenges facing the world. Members addressed European and Central Asian security concerns, including unresolved conflicts in the Balkans and elsewhere, and considered how international parliaments can cooperate to address challenges related to trafficking, tolerance, and democratic development, including elections and media freedom.

  • OSCE Representative Cites Threats to Free Media

    Mr. 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.

  • The Link Between Revenue Transparency and Human Rights

    This 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.

  • Natural Resource Charter

    Mr. 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.

  • More Power to More People: Lessons from West Africa on Resource Transparency

    By 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.

  • Embassy Row: Swiss "Intolerance"

    The leaders of a congressional human rights panel criticized Swiss voters for approving a resolution to ban the further construction of mosque minarets and warned that the prohibition violates European religious freedom standards. "If this ban on religious expression is allowed to stand, Switzerland will clearly be out of step with its OSCE commitments of freedom of religion and belief," Rep. Alcee L. Hastings said this week, referring to the Organization for Security and Cooperation in Europe. The 56-nation OSCE is a major human rights alliance throughout Europe and Eurasia. Mr. Hastings, Florida Democrat, is the co-chairman of the congressional Commission on Security and Cooperation in Europe. "I hope the Swiss courts will overturn this referendum and that the Swiss government will double its efforts to implement anti-discrimination laws and have an open and honest dialogue about religious and ethnic tolerance," Mr. Hastings added. Sen. Benjamin L. Cardin, the commission chairman, expressed worries that the referendum will send the message that Swiss are an intolerant people. "The Swiss vote to ban minarets is worrying for a number of reasons, including the fact that the Swiss people have seen fit to limit the religious practice of one particular group," the Maryland Democrat said. "I trust the Swiss government will work swiftly to be sure that the Swiss are not viewed as an intolerant people." Swiss citizens endorsed the referendum Sunday with 57.5 percent of the vote. The referendum bans the further construction of minarets, the mosque towers used to broadcast daily calls to prayer, but it does not restrict the construction of further mosques. In Switzerland, Ulrich Schuler, the architect of the referendum endorsed by the Swiss People's Party, told reporters that the ban was necessary because minarets are symbols of radical Islamic demands to impose Muslim laws in the majority Christian country.

  • Scars of 1974 Invasion Abound as Leaders Seek to Reunite Cyprus

    By Ronald J. McNamara, Policy Advisor Cyprus’ unique location at the cultural crossroads of the eastern Mediterranean and important trade routes between Europe and the Middle East and beyond has shaped the island nation’s rich history. I recently returned to Cyprus to assess developments as the 35th commemoration of the Turkish invasion approaches and a significant portion of the country remains under occupation. Virtually every conversation during my visit, whether with officials or private citizens, touched on some aspect of the ongoing occupation of the country, the legacy of the 1974 invasion, or the prospects for a resolution of “the Cyprus issue.” In a country with slightly less than a million people covering an area slightly more than half the size of Connecticut, one is hard-pressed to find a Greek Cypriot or Turkish Cypriot family that has not been affected in one way or another by the conflict and its lingering impact. While the Cyprus conflict predated the 1975 signing of the Helsinki Final Act, many of the principles found in that historic document have particular applicability to the situation in Cyprus, including: territorial integrity of states; peaceful settlement of disputes; respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief; and fulfillment in good faith of obligations under international law. Cyprus and Turkey were both original signatories to the Final Act. Traveling to the remote Karpas peninsula, in northeastern Cyprus, I was able to speak with an elderly pensioner in Rizokarpaso, a town where thousands of Greek Cypriots once thrived.Today they number scarcely more than 200, the largest concentration of Greek Cypriots in the Turkish occupied north. A short distance from the main square, featuring a large statue of modern Turkey’s founder Kemal Atatürk on horseback, the gentleman described his existence amid a burgeoning population of newcomers from mainland Turkey. He explained that as elderly Greek Cypriots pass away in the area, their homes are occupied, often by “settlers.” The aged man, deeply rooted in the town, showed a fierce determination to remain despite the hardships, making clear that he would not be complicit with the effective cleansing of Greek Cypriots from the region. Within minutes after we sat down at a nearby cafe, a couple of young men sat conspicuously nearby, within easy listening distance from us, an action that seemed designed to intimidate. The man pointed to a building across the street that serves as the school for the small number of Greek Cypriot children a short distance from the Orthodox Church, mainly used for funerals conducted by the lone cleric permitted to conduct such services in the region. According to the May 15 “Report of the Secretary-General on the United Nations operation in Cyprus,” humanitarian assistance was provided to 367 Greek Cypriots and 133 Maronites living in the northern part of the island. While numerous mixed towns and villages existed throughout the country prior to 1974, today, the town of Pyla, partly located in the UN-monitored buffer zone, is the sole surviving bi-communal village, with around 500 Turkish Cypriots and 1,500 Greek-Cypriots. While local leaders from the communities described a generally harmonious and cooperative atmosphere, the reality is that interaction between the two remains limited, with separate schools, sports teams, municipal budgets, and police forces, among others. Many of the people I met touched in one way or another on the ongoing talks between Cypriot President Demetris Christofias and the Turkish Cypriot leader, Mehmet Talat. In his February 28, 2008 inauguration, Christofias reiterated the requirements for a negotiated resolution of the Cyprus conflict and reunification of the country as a federal bi-zonal, bi-communal, with a single sovereignty, international personality and citizenship. Christofias and Talat have repeatedly reaffirmed their commitment to such a formula based on UN Security Council resolutions dating back to the 1970s. The current talks, initiated by Christofias shortly after his 2008 election, focus on six main chapters, or themes, with corresponding working groups: governance and power sharing, European Union matters, security and guarantees, territory, property, and economic matters. Technical committees have also been established to consider crime, economic and commercial matters, cultural heritage, crisis management, humanitarian matters, health, and environmental matters. While formally conducted under the auspices of the UN, the talks are mainly being conducted directly between Christofias and Talat, with teams of experts focused on specific aspects of each topic. A meeting with George Iacovou, President Christofias’ top aide on the current direct talks, helped put the negotiations in context against the backdrop of prior efforts to reunite the country, including the Annan plan, which the Greek Cypriots overwhelmingly rejected in a 2004 referendum. Officials, including government spokesman Stefanos Stefanou repeatedly emphasized that negotiations on a resolution of the conflict be by the Cypriots, for the Cypriots. That said, such an outcome depends in large measure on Turkey playing a constructive role as the leaders of the two communities seek to hammer out a comprehensive agreement. Briefings by Foreign Minister Markos Kyprianou and other senior officials focused largely on the international dimension of the Cyprus issue. Central to the discussions was Turkey’s longstanding aspiration to join the European Union. Accession talks with Turkey began in October 2005. In July of that year, the EU welcomed the country’s decision to sign a protocol adapting the Ankara Agreement to expand the existing customs union between Turkey and the EU to include all member states, including Cyprus. Simultaneously to the signing, Ankara issued a unilateral declaration, noting that its signature did not amount to recognition of the Republic of Cyprus. In response, the EU issued its own declaration on September 21, 2005 making clear that “this declaration by Turkey is unilateral, does not form part of the Protocol and has no legal effect on Turkey’s obligations under the Protocol.” Despite signing the adapted agreement, Turkish ports remain closed to Cypriot ships and airplanes. Cypriot government officials suggested that the status quo has cost the island nation millions in lost business. EU foreign ministers meeting in Brussels on December 11, 2006 partially froze membership talks with Turkey over the impasse, suspending eight of the 35 chapters on the agenda of the accession negotiations, a step endorsed by the European Council on December 15. The Turkey 2008 Progress Report issued by the EU Commission reiterated the call for Turkey “to remove all remaining restrictions on the free movement of goods, including restrictions on means of transport regarding Cyprus.” Turkey's accession to the EU would also require Ankara to work toward recognizing the Republic of Cyprus, including establishment of diplomatic relations. The next periodic report on Turkey’s implementation of the Ankara Protocol is expected later this year. While Cyprus supports Turkey’s aspirations to join the EU, the passage of time has brought potential opposition to the surface, notably from France and Germany. Property Property, another chapter heading under active discussion, has enormous implications. According to government officials, the vast majority of properties in the occupied north were owned by Greek Cypriots. Upholding the property rights of the owners as they were prior to the invasion remains a major priority for the government, with restitution the preferred end result. Considerable real estate development in the north and the continued occupancy of their homes by strangers, has led many Greek Cypriot property owners to file cases with the European Court of Human Rights (ECHR) claiming their property rights were violated. In the case of Loizidou v. Turkey, the court held that “denial of access to property in northern Cyprus was imputable to Turkey” and awarded damages, finding that the applicant had “effectively lost all control over, as well as all possibilities to use and enjoy, her property.” More recently, a judgment issued by the European Court of Justice (ECJ) in the case of Meletis Apostolides v. David Charles Orams and Linda Elizabeth Orams could have a chilling effect on foreigners purchasing property in the occupied territory. The ECJ affirmed that courts in other EU countries must recognize and enforce Cypriot court judgments. Cyprus joined the EU in 2004. Since the partial lifting, in 2003, of restrictions imposed by authorities in the north on freedom of movement, Greek Cypriots for the first time in large numbers have been able to cross into the northern part of the country – visiting their homes and villages many had not seen since 1974. Increased movement in both directions followed, with over 15 million incident-free crossings. A Greek Cypriot shared his experience of visiting his home for the first time since being forced to flee during the invasion. He discovered that a Turkish Cypriot family was living in the house. To his surprise, the father had meticulously collected and stored all of the owner’s family photos and presented him with the box at that first visit. Similarly, the occupant had placed crosses and other religious articles in the attic for safekeeping. A Turkish Cypriot expressed relief at the fact that some Greek Cypriot friends from his home village were living in his house and maintaining his lands in the southwestern part of the country. Unfortunately, these stories appear to be the exception rather than the rule. Missing Persons Of the many painful consequences of the 1974 invasion, perhaps none is as heartrending as that of missing persons. According to The Committee on Missing Persons, a total of 1493 Greek Cypriots, including five Americans, were officially reported missing in the aftermath of the conflict. Five hundred and two Turkish Cypriots had already been missing, mainly victims of inter-communal violence that erupted in the early 1960s. The remains of one of the Americans, Andrew Kassapis, were eventually recovered and returned. The cases of the other four remain open. The Committee on Missing Persons in Cyprus, established in 1981, facilitates the exhuming, indentifying and returning of remains of missing persons. The CMP mandate is limited in that it does not extend to Turkey. The Greek Cypriot and Turkish Cypriot communities each have one member on the committee. A third member is selected by the International Committee of the Red Cross and appointed by the UN Secretary-General. While in Nicosia, I had an opportunity to be briefed separately by Elias Georgiades, the Greek Cypriot representative and Christophe Girod, the UN representative. Operating on the basis of consensus, the committee does not attempt to establish the cause of death or attribute responsibility for the death of missing persons. Since becoming operational in 2006, an anthropological laboratory has analyzed the remains of several hundred individuals. According to the committee, remains of 530 individuals have been exhumed from more than 273 burial sites throughout the country. Of remains examined at the forensic facility, the youngest individual was 10 months old and the oldest 86 years old. Walking though the lab I noted that most of the remains under examination had visible signs of gun wounds to the head. The remains of over 160 individuals have been returned to family members as a result of the bi-communal field teams and forensic work undertaken at the lab. The U.S. contributed funds for a family viewing facility which opened in 2008. Land Mines A briefing at the Mine Action Center in Cyprus provided insight into another legacy of the 1974 conflict, the presence of thousands of anti-personnel and anti-tank mines. Established in 2004, the center has assisted in planning, coordinating and monitoring of demining operations, including land surveys as well as the actual clearance and disposal of mines. While thousands of landmines have been cleared to date, thousands more remain. The center’s goal is a mine-free buffer zone by the end of 2010. In addition to efforts undertaken within the framework of the UN, Cyprus’ National Guard has worked to clear anti-personnel mines. Of the 101 known or suspected minefields in the country about half are in the UN monitored buffer zone, with most of the remainder nearby. Briefers underscored the continued threat posed by minefields adjacent to the buffer zone, recounting incidents of migrants trying to cross from the northern part of the country to the government-controlled south finding themselves surrounded by mines. Farmers on either side of the buffer zone are also at risk as they seek to cultivate the arable farming lands bordering the area. The experts described the clearing operations involved in the opening of the Ledras Street pedestrian crossing point in the middle of the Cypriot capital, Nicosia, in April 2008. The Mine Action Center is assisting in clearing operations paving the way for the opening of additional crossing points. In late June, President Christofias and Mr. Talat reached agreement on the opening of the Limnitis crossing point with access to and from Kokkina in the remote northwest, offering an opportunity for development and integration by Greek Cypriots and Turkish Cypriots. The United Nations has maintained an operational force on Cyprus since the establishment of the United Nations Peacekeeping Force in Cyprus (UNFICYP) in March 1964, following the outbreak of intercommunal violence. The force, one of the longest existing UN peacekeeping missions, consists of 858 troops, 68 police, and 160 civilians. UNFICYP is responsible for maintaining the status quo along the de facto ceasefire lines of the Cyprus National Guard, to the south, and Turkish and Turkish Cypriot forces to the north and a buffer zone between the two. The buffer zone stretches 111 miles from east to west, with 214 square miles of land between the lines, constituting about three percent of the country’s territory. The distance of separation varies from barely more than an arm’s span in some places to about four miles. Numerous villages, including Pyla, mentioned above, are located in partially or entirely in the buffer zone. The once bustling seaside city of Famagusta along the east coast remains deserted, a veritable ghost town, as it has since the mainly Greek Cypriot population was forced to flee during the second phase of the Turkish invasion in August 1974. A center for commerce and tourism, the city and surrounding region was the second largest in the country prior to the evacuation. It is home to nearly half of the people uprooted by the conflict. Standing on the beachhead just north of the city in the Turkish-controlled area the unpopulated city stretched as far down the coast as I could see. Abandoned hotels and high-rise apartment buildings rise from the sandy shore standing as a collection of steel skeletal frames liberated of their contents by plunder and the passage of time since their occupants were forced to flee. Religious Cultural Heritage The ancient Roman city of Salamis, located a short distance from Famagusta on the east coast, was the arrival point for St. Paul on his first missionary journey, accompanied by St. Barnabas, a native son of that city. Paul eventually made his way to Paphos, on the opposite side of the island, where his preaching led to the conversion of the Roman Proconsul, making Cyprus the first country governed by a Christian. A short distance from Salamis is the village of Enkomi, where according to tradition, Barnabas’ remains were buried following his martyrdom. Among minorities throughout the country recognized by the 1960 constitution are: Maronite Christians number approximately 5,000; Armenians 2,500; and Latins (Catholics) 1,000. The overwhelming majority of Cypriots are Orthodox, with Muslims comprising the next largest faith community. His Beatitude Chrysostomos II has served as Archbishop of New Justiniana and All Cyprus since November 2006. During our meeting he underscored the long history of harmony among faith communities in Cyprus. The archbishop voiced particular concern for those displaced by the 1974 invasion and stressed the importance of upholding human rights, including the rights of individuals to return to their homes. He contrasted the efforts taken by the authorities with the support of the Church to preserve mosques in the government-controlled area with the destruction of religious cultural heritage, including churches, monasteries and chapels in the north. Archbishop Chrysostomos II, who was joined by the Bishop of Karpasia, described the challenges faced by clergy seeking to travel to the occupied north, including those seeking to participate in religious services. The rare Orthodox services that are allowed to be conducted in the north are mainly for feast days of several saints, notably St. Mamas and St. Barnabas. Even such exceptional occasions have occasionally been marred by security forces preventing worshipers from crossing into the area. The Archbishop said that the Church would soon file a formal case with the European Court of Human Rights regarding its religious sites and other property in the occupied north. In the aftermath of Turkey’s 1974 military invasion and ongoing occupation of the northern part of Cyprus, a precious piece of the country’s cultural heritage is at risk of collapse – Orthodox churches, chapels and monasteries as well as those of other Christian communities. According to Archbishop Chrysostomos II, over 500 religious sites in the area have been seriously damaged or destroyed. During my travels throughout the region, I visited a score of churches – each in various stages of deterioration, all plundered. In Lapithos, in the Keryneia region, the Agia Anastasia complex is now a tourist resort. I found the Monastery of Ayios Panteleemon, in Myrtou, reduced to little more than a pigeon coup, with bird droppings everywhere – a scene I encountered repeatedly. In each church visited the interiors were stripped of religious objects, including altars, iconostasis, icons, and fonts. In some, it was clear how frescos had been chiseled out of walls and ceilings. It was a surprise to see a single bell still hanging in one of the many bell towers I saw. The main church in Rizokarpaso and a few elsewhere in the Karpas region were noteworthy for the fact that they even had doors; most others I visited did not. One of the countryside churches I visited was being used for storage, with heavy farm equipment in the yard and plastic crates and large tractor ties filling the interior space. In Keryneia, I found that a small chapel in the port was being used by the authorities as a tourist information center and snack bar. According to Church sources, others have been converted into stables, shops, and night clubs. In the village of Kythrea, a small Catholic chapel was reduced to a shell with no roof. Most of the main church had been converted into a mosque, along with a couple of others in the town, but for some reason a quarter of the structure remained in ruins. Another church, Agios Andronikos, located nearby was heavily damaged, with the rubble of the collapsed roof strewn about the interior space, with traces of frescoes still visible on the exposed walls. In the village of Stylloi, in the Famagusta region, the Profitis Ilias Church yard also serves as a cemetery. There I found desecrated ruins of graves with all of the crosses broken off of their bases and smashed. A shed in the corner of the yard was stacked with broken crosses and headstones. Another cemetery a short distance away was similarly in shambles. An adjacent Muslim cemetery was in meticulous condition. The U.S. Agency for International Development has supported a number of restoration projects in the occupied north, including work at the Agios Mamas Church in Morfou, operated mainly as an icon museum. In Keryneia, the prominent belfry of the Archangelos Mikhael Church disguises the fact that the once venerated site has likewise been converted into an icon museum. Such collections reportedly contain a small fraction of the thousands of icons, sacred vessels, vestments, manuscripts, frescos, and mosaics looted from churches, chapels and monasteries in the north. Many stolen icons and other antiquities are placed on the auction block for sale on the international market, some making their way into U.S. collections. The Byzantine Museum, in Nicosia, featured an exhibit: “Hostages in Germany: The Plundered Ecclesiastical Treasures of the Turkish-occupied Cyprus.” In a recent case, two icons from the early 1600s taken from a church in the northern village of Trikomo, were seized in Zurich by Swiss police. In stark contrast to the situation in the occupied area, in Nicosia I visited the Ömerge Mosque housed in the 13th century Church of St. Mary built by the Augustinian religious order. The recently refurbished mosque is a functioning place of worship. A short distance away in the old walled city is Bayraktar Mosque. When I visited the site there were large pallets of stone to be used to renovate the plaza in the mosque complex. Another example is the Mosque of Umm Haram, or Hala Sultan Tekke, a mosque and prominent Muslim shrine, located in Larnaca, southeast of the capital. According to Cyprus government sources, scores of other mosques and other Islamic places of worship are maintained in the south. A visitor to Cyprus need not look far to discover the scars left by the artificial division of the country following the 1974 invasion and ongoing occupation. Since my earlier trip to that island nation eleven years ago, there has been progress on some fronts, most noticeably in terms of freedom of movement since the partial lifting, in 2003, of restrictions imposed by authorities in the north. According to officials, the majority of Turkish Cypriots hold Cyprus-issued EU passports, affording them free movement throughout the EU area, employment opportunities in member countries and other benefits. In addition, thousands of Turkish Cypriots cross into the south daily for work. Other steps have come about as a direct result of the talks between the leaders of the two communities initiated last year. It remains to be seen, however, if the current negotiations will produce a comprehensive and durable resolution to the challenges in Cyprus. Beyond practical steps to ease the day-to-day lives of Greek Cypriots and Turkish Cypriots, key principles such as sovereignty, independence, and territorial integrity as well as respect for human rights and fundamental freedoms are also at stake, with implications for conflicts elsewhere. Numerous earlier diplomatic initiatives were launched, but in the end failed. A particular challenge remains the thorny issues of the tens of thousands of Turkish troops and settlers from mainland Turkey still in Cyprus today, outnumbering Turkish Cypriots. Other factors, especially Turkey’s stated desire to join the EU, should not be discounted and could prove decisive to the ultimate success or failure of the current process. Meanwhile, Christofias and Talat and their teams grapple with an array of tough issues as they seek to overcome the legacy of the past 35 years and build a brighter future for all Cypriots.

  • Cyprus’ Religious Cultural Heritage in Peril

    This briefing, moderated by Ronald J. McNamara, International Policy Director of the Commission on Security and Cooperation in Europe, was part and parcel of the CSCE’s ongoing efforts to assess implementation of OSCE commitments by participating states. Likewise, member states of the OSCE had acknowledged the important contribution of religious faiths, institutions, and organizations to cultural heritage and committed themselves “to cooperate closely with such groups regarding the preservation of the cultural heritage, paying due attention to monuments and objects of religious origin whose original communities no longer use them or no longer exist in the particular region.” The latter portion of this quote was particularly applicable to the situation in northern Cyprus, whose circumstances vastly differed from southern Cyprus. More specifically, in the latter, scores of mosques and other Islamic places of worship had been maintained by the Cypriot Government. Because the government was lacking in this respect in the northern part of the country, this hindered the north’s preservation of religious cultural heritage. Consequently, attention was focused on the scope of the damage and destruction to Cyprus’ rich religious cultural heritage in the north of the country.

  • Helsinki Commission Condemns Murder of Russian Human Rights Activist Natalya Estemirova

    Senator Benjamin L. Cardin (D-MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), Co-Chairman Congressman Alcee L. Hastings (D-FL) and Ranking Republican Members Senator Sam Brownback (R-KS) and Congressman Chris Smith (R-NJ) issued the following statements today upon learning of the killing of Russian human rights activist Natalya Estemirova. “I am saddened and outraged by the kidnapping and killing of Natalya Estemirova, one of the region’s great defenders of human rights. The reports of her abduction in Chechnya and subsequent shooting in the North Caucasus republic of Ingushetia remind us of the urgent need to address human rights concerns throughout Russia. President Medvedev’s condemnation of this murder and his pledge to ‘take all necessary measures’ to solve the crime are welcomed, but his words must translate into a prompt and complete criminal investigation by federal authorities that brings those responsible to justice,” said Chairman Cardin. “I agree with what President Obama recently said in Moscow that history has shown ‘governments which serve their own people survive and thrive; governments which serve their own power do not.’ Murder and intimidation of activists and journalists is both a serious violation of human rights and an affront to any democracy.” “In 2006, Ms. Estemirova met with the staff of the Helsinki Commission as part of our work to shine a light on the abuses in Chechnya. Lawlessness and violence too often define the lives of journalists and activists who are simply pushing the cause of freedom.” said Co-Chairman Hastings. “Ms. Estemirova led a courageous life of denouncing corruption, calling for a fair judicial system, and standing up for human rights. While her killers may have ended her life, they will never silence the voice she brought to these issues.” “President Medvedev has talked about the legal nihilism rampant in his country and has made positive gestures in the direction of reform, yet these killings continue. It is time to see real action and real reform regarding the rule of law and respect for human rights in Russia. The death of Natalya Estemirova must not be in vain,” said Senator Brownback. “Natalya Estemirova gave her life and now her death in the service to the cause of human suffering and justice,” said Congressman Smith, who authored a resolution that passed the House in 2007 to address the large number of unsolved murders of investigative journalists in Russia. “Being a human rights activist or an independent journalist in Russia has become among the most dangerous professions in the world. The Russian government needs to create an environment in which the flagrant slaughter of human rights activists is unacceptable.” The Helsinki Commission has held many hearings and briefings on Russia’s human rights record, including one recently focusing on the North Caucasus.

  • The Medvedev Thaw: Is It Real? Will It Last?

    This hearing discussed U.S. foreign policy towards Russia, focusing on how to improve relations while taking Russia’s compliance with human rights seriously.   The witnesses and Commissioners discussed the implications of Dmitri Medvedev becoming president and Vladimir Putin retaining power as Prime Minister.

Pages