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Ukraine’s Pre-Term Parliamentary Elections and Demonstrable Commitment to Democratic Standards Focus of Commission Initiatives
Thursday, December 06, 2007By Orest Deychakiwsky and Ronald McNamara The Helsinki Commission undertook several initiatives this fall in connection with Ukraine’s September 30th pre-term parliamentary elections, including deploying staff to observe the elections, sponsoring a Congressional resolution on the elections, and convening a public briefing on their implications. The elections – the fifth national balloting in less than three years -- came on the heels of a political crisis that had engulfed Ukraine’s president, government and parliament for much of 2007. The elections to the 450-seat parliament, the Verkhovna Rada, were judged by the OSCE-led International Election Observation Mission (IEOM) to have been conducted “mostly in line with OSCE commitments and other international standards for democratic elections and in an open and competitive environment.” The September elections were monitored by some 800 international observers under OSCE auspices, including Helsinki Commission staff members who observed the balloting in western Ukraine’s Ivano-Frankivsk oblast and Kyiv’s Polilskiy District. Swedish parliamentarian Tone Tingsgård, the Special Coordinator of the short-term election observers for the IEOM and Vice-President of the OSCE Parliamentary Assembly, stated that these elections were conducted “in a positive and professional manner.” While there were shortcomings, notably with respect to the quality of voter lists and delays in processing vote counts in a few districts, OSCE observers assessed the voting as good or very good in 98 percent of the nearly 3,000 polling stations visited, and the vote count was assessed as good or very good in 94 percent of the IEOM reports. Commission staff observations were consistent with other international observer assessments. The voting process was calm, orderly, and, with very few exceptions, conducted in an efficient, professional and transparent manner. Members of precinct commissions representing various political parties and blocs, as well as the presence of party observers, helped to ensure the integrity of the voting process. The most significant shortcomings witnessed by staff stemmed from inaccuracies in the voters lists which led to inconsistencies regarding the treatment of voters, including the disenfranchisement of some at polling stations visited on election day. The elections – with 60% voter turnout -- saw Prime Minister Viktory Yanukovich’s Party of the Regions come in first with 34.3% of the votes. The most substantial gains over previous elections, however, were garnered by the electoral bloc of former Prime Minister Yuliya Tymoshenko (YTB), with 30.7%. President Victor Yushchenko’s Our Ukraine-People’s Self-Defense bloc (NUNS) placed third with 14.15%. Two other parties passed the 3 percent threshold required to enter the new parliament – the Communist Party with 5.4% and Bloc of former Rada Chairman Volodymyr Lytvyn with 3.9 percent. The two electoral blocs associated with Ukraine’s 2004 Orange Revolution -- YTB and NUNS -- have created a razor-thin majority coalition in the new Rada and on December 4, elected Foreign Minister Arseniy Yatseniuk as the new Chairman with a single vote to spare. On October 5, Helsinki Commission Chairman Alcee L. Hastings, together with 12 other House Members, including Commissioners Slaughter, Solis, Butterfield, Smith, Aderholt and Pitts, sponsored a resolution congratulating the Ukrainian people for the holding of free, fair, open and transparent parliamentary elections in a peaceful manner consistent with Ukraine’s democratic values and national interest and expressing continuing Congressional interest and support for Ukraine. The resolution, which has garnered bipartisan backing, expresses strong support for the efforts of the Ukrainian people to build upon the democratic gains of the Orange Revolution. The resolution recognizes the link between the consolidation of democracy and the rule of law and the strengthening of Ukraine’s independence and integration with the West, and, importantly, serving as a positive role model for all too many post-Soviet countries caught in the vice of authoritarianism. In introducing the resolution, Chairman Hastings expressed the hope “that Ukraine’s political leaders will form a government reflecting the will of the Ukrainian people as expressed by the results of the elections” and “that the new parliament and government will focus on the constitutional framework, especially the question of separation of powers, in order to avoid the political uncertainty that we witnessed earlier this year.” On October 25, the Commission convened a public briefing: “The Ukrainian Elections: Implications for Ukraine’s Future Direction” with Ukraine’s Ambassador to the United States Oleh Shamshur, as well as former U.S. Ambassador to Ukraine William Miller, and Stephen Nix of the International Republican Institute, who had both been present at the elections as international observers. In his assessment of the elections, Ambassador Shamshur noted that “for the second time in a row, Ukraine succeeded in avoiding most of the electoral pitfalls. Aside from minor deficiencies, there was no harassment of political opponents, no media oppression, no so-called creative counting or use of forged absentee ballots…Ukraine has once again confirmed its democratic credentials. That’s the irreversibility of the democratic change spurred by the Orange Revolution.” Ambassador Miller, who observed in Ukraine as a member of the National Democratic Institute’s international observation delegation, called the elections “relatively free and fair.” He expressed the “hopeful possibility” that the two democratic (Orange) coalition partners, Yuliya Tymoshenko and Victor Yushchenko, “will fulfill finally the promises they made with their hands on their hearts” during the 2004 Orange Revolution. Mr. Nix, while noting that IRI’s election observation mission found that the elections “broadly met international standards,” nevertheless urged the Ukrainian parliament and election officials “to address the quality of the voter lists to ensure their accuracy for the next national election.” He also called upon Ukraine’s leadership to take steps “to resolve the constitutional issues that were the very reason these elections were called.”
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Helsinki Commissioners Meet with Vaclav Havel, Commemorate 30th Anniversary of Charter 77 Movement
Thursday, March 15, 2007On February 27, 2007, Representative Alcee L. Hastings (D-FL) and Senator Benjamin L. Cardin (D-MD), Chairman and Co-Chairman of the Commission on Security and Cooperation in Europe, met with Vaclav Havel, former president of the Czech Republic (1993–2003), world renowned human rights activist, and playwright. “This year marks the 30th anniversary of Charter 77’s founding, a movement that was dedicated to compelling the communist government of Czechoslovakia to abide by the international human rights agreements it had freely adopted, including the Helsinki Final Act,” observed Chairman Hastings. “I was delighted to be able to personally share with President Havel the deep respect I have for him, for the movement he helped to found, and for his continuing leadership on human rights issues around the globe.” Former Commission Chairman Representative Christopher H. Smith (R-NJ) and Czech Ambassador Petr Kolar also participated in the discussions, which touched on issues including Russia, China, Cuba, and developments in the Middle East. Havel was briefly in Washington early this year at the Library of Congress’ John W. Kluge Center. Librarian of Congress Dr. James Billington hosted meetings on Capitol Hill with Havel and Members of Congress. Havel addressed a joint session of Congress in 1990 and was awarded the Presidential Medal of Freedom in 2003. The Charter 77 movement was founded in Czechoslovakia in 1977, originally with the support of approximately 240 signatories, each of whom signed a card stating, “I agree with the Charter 77 declaration of January 1, 1977.” The original cards have since been discovered in the Czechoslovak secret police archives. In January, the National Museum in Prague mounted an exhibit of materials related to the Charter 77 movement. In addition, the Washington-based National Security Archives (affiliated with George Washington University), in conjunction with the Prague-based Czechoslovak Documentation Center, released a compilation of documents about the Charter 77 movement, including now-declassified State Department and CIA reporting. Statements made by current and former leaders of the Helsinki Commission on the occasion of the 30 th anniversary of Charter 77, as published in the Congressional Record, are printed below. STATEMENTS REPRINTED FROM THE CONGRESSIONAL RECORD THE 30TH ANNIVERSARY OF THE ‘‘CHARTER 77 MOVEMENT’’ HON. ALCEE L. HASTINGS OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Thursday, March 1, 2007 Mr. HASTINGS of Florida. Madam Speaker, as Chairman of the Commission on Security and Cooperation in Europe, I am privileged to add my voice today to those honoring Vaclav Havel, Czechoslovakia's first post-communist President, and the Charter 77 movement which, 30 years ago, he helped to found. Three decades ago, the Charter 77 movement was established and its founding manifesto was formally delivered to the Communist regime in Prague. The goals of the Chartists – as signatories came to be known – were fairly straightforward: “Charter 77 [they stated] is a loose, informal and open association of people of various shades of opinion, faiths and professions united by the will to strive individually and collectively for the respect of civic and human rights in our own country and throughout the world – rights accorded to all men by the two mentioned international covenants, by the Final Act of the Helsinki conference and by numerous other international documents opposing war, violence and social or spiritual oppression, and which are comprehensively laid down in the U.N. Universal Charter of Human Rights.” The phrase “people of various shades of opinion” was, in fact, a charming understatement regarding the diversity of the signatories. Founding members of this movement included Vaclav Maly, a Catholic priest banned by the regime; Vacla Benda, a Christian philosopher; former Trotskyite Peter Uhl; former Communists like Zdenek Mlynar and Jiri Hajek, both of whom were ousted from their leadership positions in the wake of the 1968 Soviet attack that crushed the Prague Spring reforms; and, of course, Vaclav Havel, a playwright and dramatist. Notwithstanding the many differences these people surely had, they were united by a common purpose: to compel the Communist regime to respect the international human rights agreements it had freely adopted. Interestingly, the Charter 77 movement was never a mass dissident movement – fewer than two thousand people ever formally signed this document. But, to use a boxing analogy, Charter 77 punched above its weight. Its influence could be felt far beyond the number of those who openly signed on and, ultimately, in the battle of wits and wills with the Communist regime, Charter 77 clearly won And most importantly, Charter 77 – like other human rights groups founded at roughly the same time in Moscow, Vilnius, Warsaw and elsewhere – looked to the Helsinki process as a vehicle for calling their own governments to account. Although it is sometimes said that the Helsinki process helped to bring down communism, it is really these grass roots movements that gave the Helsinki process its real meaning and its true legitimacy. Thirty years ago, a small, courageous band of people came together and said, “We believe that Charter 77 will help to enable all citizens of Czechoslovakia to work and live as free human beings.” Today, we remember their struggle and praise their enduring contributions to democracy and human rights. IN HONOR OF VACLAV HAVEL SENATOR BENJAMIN L. CARDIN OF MARYLAND IN THE SENATE March 13, 2007 Mr. CARDIN. Mr. President, 30 years ago, the Charter 77 movement was established with the simple goal of ensuring that the citizens of Czechoslovakia could ``live and work as free human beings.'' Today, as cochairman of the Commission on Security and Cooperation in Europe, I join with my colleagues in celebrating the founding of Charter 77 and honoring those men and women who, through their personal acts of courage, helped bring freedom to their country. When the Charter 77 manifesto was issued, three men were chosen to be the first spokespersons of this newly formed movement: a renowned European philosopher, Jan Patocka; Jiri Hajek, who had been Czechoslovakia's Foreign Minister during the Prague Spring; and the playwright, Vaclav Havel. They had the authority to speak for the movement and to issue documents on behalf of signatories Tragically, Jan Patocka paid with his life for his act of bravery and courage. After signing the charter and meeting with Dutch Ambassador Max van der Stoel, he was subjected to prolonged interrogation by the secret police. It is widely believed this interrogation triggered a heart attack, resulting in his death on March 13, 1977. In spite of the chilling message from the regime, Jiri Hajek and Vaclav Havel continued to work with other chartists, at tremendous personal cost. Two-hundred and thirty signatories were called in for interrogation; 50 houses were subjected to searches. Many supporters lost their jobs or faced other forms of persecution; many were sent to prison. In fact, the harsh treatment of the Charter 77 signatories led to the creation of another human rights group, the Committee for the Defense of the Unjustly Persecuted, known by its Czech acronym, VONS. In October 1979, six VONS leaders including Vaclav Havel, were tried for subversion and sentenced to prison terms of up to 5 years. Perhaps the regime's harsh tactics reflected its knowledge that, ultimately, it could only retain control through force and coercion. Certainly, there was no perestroika or glasnost in Husak's Czechoslovakia, no goulash communism as in neighboring Hungary. And so, the regime was threatened by groups that might have seemed inconsequential elsewhere: by the psychedelic band, ``Plastic People of the Universe;'' by a musical appreciation group known as the Jazz Section; by environmentalists, historians, philosophers and, of course, playwrights. Mr. President, 1989 was an extraordinary year--a year in which the regime sought to control everything and, in the end, could control nothing. In May, Hungary opened its borders. In June, free elections were held for parliamentary seats in Poland for the first time in decades. By August, 5,000 East Germans were fleeing to Austria through Hungary every single week. Demonstrations in East Germany continued to rise, forcing Eric Honecker to resign in October. On November 9, the Berlin Wall was breached. But while Communist leaders in other countries saw the writing on the wall, authorities in Prague continued to believe they could somehow cling to power. Ironically, the regime's repressive tactics were part of its final undoing. On November 17, 1989, significant student demonstrations were held in Prague. Human rights groups released videotapes of police and militia viciously beating the demonstrators and these tapes were rapidly and widely circulated through the underground. Shortly thereafter, VONS received credible information that a student demonstrator had been beaten to death. The alleged death so outraged Czechoslovak society that it triggered massive demonstrations. Within days, Czechoslovakia's Communist regime collapsed like a house of cards. As it turned out, no one had actually been killed during the November 17 protests; the story of the student death had been concocted by the secret police to discredit VONS but was all too believable. As concisely stated by Mary Battiata, a reporter for the Washington Post, ``..... a half-baked secret police plan to discredit a couple of dissidents apparently boomeranged and turned a sputtering student protest into a national rebellion.'' On December 29, Vaclav Havel--who had been in prison just a few months earlier--was elected President of Czechoslovakia by the Federal Parliament. Jan Patocka once wrote, ``The real test of a man is not how well he plays the role he has invented for himself but how well he plays the role that destiny assigned to him.'' It seems that destiny had a particular role for Vaclav Havel, not one that he invented or envisioned for himself, but one that he has played with courage and grace, with dignity and honor. Today, we honor Vaclav Havel and the Charter 77 movement he helped to found. IN HONOR OF VACLAV HAVEL AND THE 30TH ANNIVERSARY OF CHARTER 77 HON. STENY H. HOYER OF MARYLAND IN THE HOUSE OF REPRESENTATIVES Tuesday, February 27, 2007 Mr. HOYER. Madam Speaker, this year marks the thirtieth anniversary of the Charter 77 movement. Along with other colleagues from the Helsinki Commission, which I had the privilege of Chairing and Co-Chairing from 1985 to 1994, I rise today to commemorate Charter 77's extraordinary accomplishments, and to praise Vaclav Havel, a founding member of the Charter 77 movement and Czechoslovakia's first President after the fall of communism. Twenty years ago this month, I led a Congressional delegation to Czechoslovakia – my first trip to that country. At that time, I was assured by Czechoslovak Government officials that Charter 77 was only a small group, and there was no need to have a dialogue with its members. In an apparent effort to underscore their point, the regime detained several Chartists to keep them from meeting with our delegation: Vaclav Havel, Petr Uhl and Jiri Dienstbier were all arrested in Prague; Miklos Duray was prevented from traveling to Prague from Slovakia; and although Petr Puspoki-Nagy made it to Prague, he was also immediately detained on his arrival. Although I was deprived of the chance to meet these individuals in person, I was already well aware of their work. In fact, the Helsinki Commission's second hearing, held in February 1977, published the full text of the Charter 77 manifesto at the request of one of our witnesses, Mrs. Anna Faltus. We owe a special debt of gratitude to the late Mrs. Faltus, who worked tirelessly for decades as an advocate for a free Czechoslovakia. To this end, she made sure that the documents of Charter 77 and the Committee for the Defense of the Unjustly Persecuted were quickly translated and widely disseminated to policy makers and human rights advocates. Her effort made it possible for the Helsinki Commission to publish (in 1982 and in 1987) selected and representatives texts of the Charter 77 movement. Looking back, the breadth of those documents is truly remarkably, touching on everything from the legacy of World War II to the country's economic situation; from contemporary music to nuclear energy. But the common thread that bound these diverse statements together was a commitment to promote and protect “the right of the individual to know and act upon his rights.” This right was freely adopted by the Czechoslovak Socialist Republic when Gustav Husak fixed his signature to the Helsinki Final Act in 1975. It was, of course, with great interest that I discussed Charter 77 , first with Czechoslovak officials during my February 1987 trip to Prague, then with Czechoslovak parliamentarians visiting Washington in June 1988 (a delegation which included Prague Communist Party boss Miroslav Stepan), and then with the Czechoslovak delegation to the 1989 Paris Meeting of the Conference on the Human Dimension. In these meetings, as well as in correspondence with the Czechoslovak Ambassador to the United, I was told that Charter 77 didn't represent public opinion. I was warned that siding with Charter 77 would not help bilateral relations, and I was assured that democracy was coming soon to Czechoslovakia – “socialist democracy.” Needless to say, I was not convinced by my interlocutors: I was not convinced that Augustin Navratil was actually being treated for a mental health condition, rather than being persecuted for his religious activism. I was frankly disgusted when the Czechoslovak delegation to the Paris meeting baldly lied about Jiri Wolf, telling us he had been released early from his prison sentence as a “humanitarian” gesture, and then shrugging with indifference when they were caught in their lie. Most of all, I did not believe that Vaclav Havel was a criminal and Charter 77 merely an “insignificant” group. In fact, in 1989 Senator Dennis DeConcini and I nominated Vaclav Havel for the Nobel Peace Prize. As Senator DeConcini said, “[i]n spite of relentless harassment by the authorities, including imprisonment, repeated detentions, house searches, and confiscation of property, Havel has remained active in the struggle for human rights. . . Havel is now in prison, but he is not alone in his cause. In a dramatic move. . . over 700 of his colleagues – playwrights, producers, artists, and actors – signed a petition calling for his release and the release of others [similarly imprisoned]. For these people, like many others in his country, Vaclav Havel has become a symbol of an enduring and selfless commitment to human rights.” Madam Speaker, on this 30th anniversary of the founding of the Charter 77 movement, I rise to commend and remember the courageous men and women, signatories and supporters, who paved the way for the peaceful transition from communism in Czechoslovakia and restoration of Europe, whole and free. On this anniversary, I give special tribute to Vaclav Havel, playwright and president, and his singular role in leading his country to freedom. IN HONOR OF VACLAV HAVEL AND THE 30TH ANNIVERSARY OF CHARTER 77 HON. CHRISTOPHER H. SMITH OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Tuesday, February 27, 2007 Mr. SMITH of New Jersey. Madam Speaker, Edmund Burke once said that, “all it takes for evil to triumph is for good men to do nothing.” Thirty years ago, good men and women came together, and together, they ultimately triumphed over evil. In 1987, I traveled to Czechoslovakia with a Helsinki Commission delegation led by my good friend, STENY HOYER, who was then Chairman of the Commission. We traveled there just ten years after the Charter 77 movement had been formed and, amazingly, in spite of persecution and imprisonment, they had managed to publish 350 documents during its first ten years. And it was clear during my visit to Prague that this organization was having an impact, especially when the communist authorities went to the trouble of preventing five independent activists, including Vaclav Havel, from meeting with us. In spite of this, our delegation was able to meet with several other Charter 77 signatories and sympathizers: Libuse Silhanova, Josef Vohryzek, Father Vaclav Maly, Zdenek Urbanek, and Rita Klimova. Libuse Silhanova, then serving as a Charter 77 spokesperson, described her fellow Chartists as ``ordinary people who happen to be part of a movement.'' For a group of ``ordinary people,'' they certainly accomplished extraordinary things. One of the most notable of these “ordinary people” was the playwright Vaclav Havel, who is today the sole surviving member of Charter 77’s first three spokespersons. At a time when most Czechoslovaks preferred to keep their heads low, he held his up. When others dared not speak out, he raised up his voice. While others hid from communism in their apartments and weekend cottages, he faced it down in prison. In 1978, Havel wrote a seminal essay entitled, “The Power of the Powerless.” In it, he proposed a remarkably conspiratorial concept: the idea that those repressed by the Communist Lie actually had the power to “live for truth,” and that by doing so, they could change the world in which they live. One of the people who read this essay was Zbygniew Bujak, who became a leading Solidarity activist in Poland. Bujak described the impact of Havel's message: This essay reached us in the Ursus factory in 1979 at a point when we felt we were at the end of the road. Inspired by KOR [the Polish Workers' Defense Committee, which preceded Solidarity], we had been speaking on the shop floor, talking to people, participating in public meetings, trying to speak the truth about the factory, the country, and politics. There came a moment when people thought we were crazy. Why were we doing this? Why were we taking such risks? Not seeing any immediate and tangible results, we began to doubt the purposefulness of what we were doing. Shouldn't we be coming up with other methods, other ways? Then came the essay by Havel. Reading it gave us the theoretical underpinnings for our activity. It maintained our spirits; we did not give up, and a year later – in August 1980 – it became clear that the party apparatus and the factory management were afraid of us. We mattered. And the rank and file saw us as leaders of the movement. When I look at the victories of Solidarity, and of Charter 77, I see in them an astonishing fulfillment of the prophecies and knowledge contained in Havel’s essay. Vaclav Havel’s essay was not just the product of clever wordsmithing; it was an act of singular heroism. In fact, shortly after writing “The Power of the Powerless,” Vaclav Havel found himself in prison, again. And it should be remembered that others, including philosopher Jan Patocka, Havel's close friend, and Pavel Wonka, paid with their lives for their opposition to the Czechoslovak communist regime. Vaclav Havel is a man who has always been guided by the courage of his convictions. Remarkably, his courage did not fade upon his assumption of the presidency. Indeed, he is all the more heroic for his steadfast commitment to human rights even from the Prague Castle. From the beginning, he was a voice of reason, not revenge, as he addressed his country's communist and totalitarian past. In 1993, he rightly identified the situation of Roma as “a litmus test for civil society.” And not only has he raised human rights issues in his own country but reminds the world of the abuses taking place in Cuba and China. Throughout his presidency, he pardoned those faced with criminal charges under communist-era laws that restrict free speech. In 2001, he spoke out against the parliament's regressive religion law, which turned the clock back on religious freedom. And he has reminded other world leaders of our shared responsibility for the poor and less fortunate the world over. On the occasion of the 30th anniversary of the founding of Charter 77, I want to join my colleagues from the Helsinki Commission in honoring Vaclav Havel and all the men and women who signed the Charter, who supported its goals, and who helped bring democracy to Czechoslovakia. IN HONOR OF VACLAV HAVEL SENATOR SAM BROWNBACK OF KANSAS IN THE SENATE March 07, 2007 Mr. BROWNBACK. Mr. President, today I wish to join my colleagues from the Helsinki Commission in commemorating the founding of the Charter 77 movement 30 years ago, and praising Vaclav Havel, one of Charter 77’s first spokesmen and the first post-Communist President of Czechoslovakia. Many aspects of Vaclav Havel’s biography are well known. His advanced formal education was limited by the Communist regime because of his family's pre-World War II cultural and economic status. By the 1960s, he was working in theater and writing plays. But by 1969, the Communist regime had deemed him “subversive,” and his passport was confiscated. In 1977, he took the daring step of joining two others – Jan Patocka and Jiri Hajek – in becoming the first spokesmen for the newly established “Charter 77” movement. This group sought to compel the Czechoslovak Government to abide by the international human rights commitments it had freely undertaken, including the Helsinki Final Act. In the 1970s and 1980s, Vaclav Havel was repeatedly imprisoned because of his human rights work. His longest period of imprisonment was 4 1/2 years, 1979-1983, for subversion. After this, Havel was given the opportunity to emigrate but, courageously, he chose to stay in Czechoslovakia. By February 1989, Havel had come to symbolize a growing human rights and democratic movement in Czechoslovakia and, that year, the Helsinki Commission nominated him for the Nobel Peace Prize. Remarkably, in November 1989, the repressive machinery of the Communist regime – a regime that for five decades had persecuted and even murdered its own citizens – collapsed in what has come to be known as the “Velvet Revolution.” To understand just how repressive the former regime was – and therefore how stunning its seemingly sudden demise was – it may be instructive to recall the first measures of the post-Communist leadership, introduced in the heady days of late 1989 and early 1990. First and foremost, all known political prisoners were released. Marxism-Leninism was removed as a required course from all school curricula. Borders were opened for thousands of people who had previously been prohibited from traveling freely. Control over the People's Militia was transferred from the party to the Government. The Federal Assembly passed a resolution condemning the 1968 Soviet-led invasion of Czechoslovakia. Approximately 40 Ambassadors representing the Czechoslovak Communist regime were recalled. Newly appointed Foreign Minister Jiri Dienstbier announced that the “temporary” 1968 agreement allowing Soviet troops to remain in Czechoslovakia was invalid because it was agreed to under duress and that Soviet troops would withdraw from the country. The Politburo announced it would end the nomenklatura system of reserving certain jobs for party functionaries. The secret police was abolished. Alexander Dubcek, leader of the 1968 Prague Spring, was elected Chairman of the Federal Assembly on December 28 and, a day later, Vaclav Havel was voted to replace Gustav Husak. In February 1990, Vaclav Havel addressed a joint session of Congress. Charter 77 paved the way for all of these things, and more: for Czechoslovakia's first free and fair elections since 1946, for the normalization of trade relations between our two countries, and for the Czech Republic's accession to NATO. Not surprisingly, the work of Charter 77 continues to inspire, as is evidenced by the adoption of the name “Charter 97” by human rights activists in Belarus, who are still working to bring to their own country a measure of democracy and respect for human rights that Czechs have now enjoyed for some years. I am therefore pleased to recognize the 30th anniversary of the Charter 77 movement and to join others in honoring Vaclav Havel who remains, to this day, the conscience of the global community.
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Remarks by Ambassador Clifford G. Bond at the International Forum Bosnia
Saturday, March 10, 2007It is good to be back in Sarajevo again and I feel very much at home in this city and this country. When Dr. Mahmutcehajic invited me to speak at today’s conference on “American Policy in the Western Balkans,” I suggested that it might be best if I provided a perspective on the on-going work of the Helsinki Commission, which is where I am currently serving, and its impact on U.S. policy in the Balkans. The Commission is a unique institution made up of members of the U.S. Congress. It is not an easy task to generalize about the views of Commission members since each representative and senator is independent. Those who serve on the Commission do so because they share a commitment to human rights and democracy, and want to have an impact on U.S. engagement on these issues especially in the OSCE area, but beyond as well. Congress’ role in foreign policy, as in other areas, is to ensure that policy reflects the democratically expressed will of the American people. It balances the expertise of diplomats at the State Department and other Executive Branch agencies with a consideration of what the public will support. This is one reason why U.S. foreign policy has taken a more comprehensive view of security that includes democratic development and human rights, as opposed to a more “realpolik” view of the world. This was evident in the Balkans throughout the 1990s. In response to conflict in Bosnia, for example, many in Congress pressed the Bush and later Clinton Administration for a more activist and a more interventionist response. Members of Congress, including members of the Commission at that time, were among the first in government to advocate not only for efforts to contain the conflict but for decisive action, including the use of force if necessary, to stop it. Whenever I addressed an audience in Bosnia and Herzegovina (BiH) in the past, the question invariably arose of whether the Balkans remained a priority for the U.S. Obviously the region receives much less attention today than it did 10 years ago. But it would be incorrect to say that the Balkans is ignored and developments on the ground are not being followed on Capitol Hill. There remains an understanding within Congress that the work of the international community is incomplete in this region and that the states of the western Balkans deserve to be integrated into Europe and Euro-Atlantic institutions. This has sustained Congressional support for NATO enlargement and the process of EU integration of the western Balkans, a view that runs even deeper among members of the Helsinki Commission. Moreover, at the initiative of representatives of the more than 300,000 members of the Bosnian-American diaspora, a new bipartisan Bosnian Caucus is being set up within Congress to focus on and support issues of importance to Bosnia and Herzegovina and the region. The Helsinki Process and the Commission Now let me say a few words about the work of the Helsinki Commission. As I said, it is an independent agency created by Congress in 1976 to advance human rights and encourage compliance with the principles of the Helsinki Final Act, particularly its human rights commitments. The Commission is composed of members of both houses of the U.S. Congress. Successive agreements within the Vienna-based Organization for Security and Cooperation in Europe (OSCE) have expanded these common Helsinki standards into a whole framework of human and humanitarian rights. These have come to be termed the “human dimension” of the OSCE’s work. These agreements are not treaties, but political commitments which all participating states, including Bosnia and its neighbors, have adopted on the basis of consensus. Significantly, however, these same states have agreed that these are issues of direct and legitimate concern to all participating states of the OSCE and do not belong exclusively to the internal affairs of the state concerned. Democracy and human rights are thus matters of international concern. This has created a Helsinki process of bilateral and multilateral dialogue that includes the active participation of NGOs as well as governments in assessing the level of compliance with these common commitments. One element of that process is an annual review of implementation which takes place in Warsaw. I participated in the 2006 session and can assure you that it provided a forum for frank and open exchange of how our countries are or are not living up to our OSCE commitments. My own government faced serious criticism in terms of some aspects of its conduct of the fight against terrorism. Since 1989, Europe has undergone an historic transformation and the OSCE has played a vital role in this process of transition to democracy, particularly in the post conflict situation in the western Balkans. Much of this work has been driven on the ground by its field missions, such as the one headed here in Sarajevo by Ambassador Davidson. The Commission believes strongly that this work remains critical to the states of the western Balkans in helping them to overcome a legacy of communism and war. A permanent democratic transformation in the western Balkans will require a rethinking of the overall conditions of society with an aim of protecting rights and instituting peaceful change. Public debate needs to be expanded beyond a discussion of group rights to the rights of the individual and improving the overall quality and dignity of life, which is the essence of the OSCE’s human dimension. This process has not advanced nearly as far as it must to build modern societies in the region. Integration through Consolidating Democracy and Rule of Law Let me now review some of the areas of particular interest to the Commission and its members and where it will be pushing to influence U.S. policy in future. These are areas where I think more public debate and more active local NGO engagement with governments in the region will be essential. As I said, the Commission has been a strong advocate for the integration of the region into Euro-Atlantic institutions. This remains the best long term strategy for securing both peace and prosperity. The key to that integration is consolidating democracy, rule of law and good governance. There has been tremendous progress in this regard, but complacency must be avoided. Political leaders in Bosnia have come to realize that reforming their Dayton-era constitution in ways that make the government more functional and compatible with EU requirements is a necessary step. The U.S. Senate adopted a resolution (S. Res 400, 109th Congress) last year voicing support for this constitutional reform process. It did not advocate for specific changes, which must be decided by the people of Bosnia, not the international community. From the perspective of the Helsinki Commission, however, we think it critical that reforms, in addition to changes in the structure of government, guarantee the human and civic rights of all the citizens of BiH. As you know, the current constitutional provisions restrict Serbs living in the Federation, Bosniaks and Croats living in the RS, and non-constituent peoples, no matter in what part of the country they reside, from running for the post of BiH presidency. This is a violation of both the European Convention on Human Rights and the 1990 OSCE Copenhagen Document. This inability of all citizens to fully participate in BiH’s political life should be corrected. If we look at elections as another benchmark of progress in consolidating democracy, we can see that virtually all countries in the western Balkans are approaching the international standards for free and fair elections. Last October’s elections in Bosnia and Herzegovina were judged by the OSCE to be in line with international standards. Similarly the general elections held recently in Serbia were judged by OSCE as being conducted in a free and fair manner. Going beyond the technical conduct of these elections, however, the results and the tenor of the elections in the region are a matter of concern. In Bosnia nationalistic campaign rhetoric approached pre-war levels and polarized the electorate along ethnic lines. In Serbia the strong showing of the Serbian Radical Party and statements by other politicians indicated a lack of willingness among a large part of the population to come to terms with the crimes committed during the Milosevic era. Hopefully, over time, democratic forces in the region will prevail and a true reconciliation can be achieved. Without a meaningful break with the past and a full recognition in Serbia and the Republika Srpska (RS) of the crimes that were committed during the Milosevic era, however, this task will be immensely more difficult to accomplish. The decision of the International Court of Justice on February 26 does not change the need for this recognition or absolve Serbia or the Republika Srpska of responsibility in this regard. The ICJ confirmed an act of genocide was committed and that Serbia was in a unique position to prevent it. By failing to do so, Serbia violated the Genocide Convention and continues to violate it by not bringing the perpetrators of that genocide to justice. The court’s decision also makes clear that the full responsibility for conducting that genocide lies with the leadership and members of the military in the RS at that time. Unfinished Business It was to bring war criminals to justice and to determine the objective truth of what occurred in the Balkans that the Helsinki Commission was an early proponent of the establishment of the International Criminal Tribunal for the former Yugoslavia. It has pressed all countries in the region to fully cooperate with the Tribunal. The Commission has welcomed the establishment of the War Crimes Chamber within the BiH State Court, and the decision to transfer more cases from The Hague to the region for local prosecution. Despite building this indigenous capacity to conduct trials, there is a strongly felt sense within the Commission that the work of the International Tribunal should not be concluded until Ratko Mladic and Radovan Karadzic are brought to justice. The real message that Belgrade should take from the ICJ’s verdict on February 26 and convey to these indicted war criminals is that: “your time is up.” Other consequences of the war are still being dealt with. More than ten years after Dayton, additional mass graves continue to be uncovered. The Helsinki Commission recently organized a briefing on Capitol Hill at which Amor Masovic reported on the work of the State Missing Persons Commission. We believe that international support for determining the identification of these missing persons must continue. The right of refugees and displaced persons from the Balkan conflicts to return home has not been fully guaranteed. The 2005 Sarajevo Declaration on Refugee Return and Integration was a notable achievement in this regard, but implementation of this trilateral arrangement has been too slow. The Commission has urged Bosnia and Croatia and Serbia in particular to intensify efforts to ensure durable solutions for resettlement are found and displaced persons and refugees given access to all rights, including the right to property and citizenship. The legal issues involved are complicated, but with political will these can be managed and refugees re-integrated into society. In the midst of war in the 1990’s the region was confronted with a new and dangerous form of organized crime – human trafficking. Considerable progress has been made in the region in combating this modern day form of slavery, but even greater efforts are required. Trafficking also needs to be looked upon as not just as one field of criminal activity, but as part of a wider issue of corruption in the region. While criminals organize this activity, it is corruption that allows them to get away with it or go unpunished when caught. Preventing Future Conflict A fundamental principle behind the Helsinki Final Act is that there can be no true security without a commitment to democracy and human rights. Addressing the root causes of intolerance and discrimination are therefore essential to preventing future conflict in the region. The OSCE has done pioneering work in this area and is developing programs to prevent hate crimes and discrimination by confronting the sources of intolerance and by strengthening respect for ethnic and religious diversity. In a series of high level conferences the OSCE has sought to encourage states to collect hate crimes statistics, share information and strengthen education to combat intolerance as well as increase training of law enforcement officials. This is clearly a subject of importance to the entire region and governments should be cooperating in this work. We want to encourage regional participation at the next high level meeting on tolerance to be held in June in Bucharest. The Romanian government is now putting together an agenda which will cover racism, anti-Semitism and intolerance against Muslims and Christians as well as relevant programs to combat this discrimination. We want the conference to consider ways that our societies can move beyond tolerance to acceptance and recognition of diversity. I hope we can count on broad government and NGO representation from the region, but particularly from Bosnia, at the conference. Bosnia can and should be a leader in promoting dialogue among religious groups. We would very much like to see Bosnia host an OSCE event on this theme in future. At the Warsaw human dimension’s meeting last year there was only one Bosnian NGO represented. This was the National Council of Roma, but its participation was very significant for us. The plight of the Roma has been a special concern of the Helsinki Commission. No group within the former Yugoslavia has faced discrimination and exclusion so broadly as the Roma have. They continue to be deprived of housing and property rights, face difficulties in accessing personal documents and establishing citizenship. Many have no access to healthcare or education. In view of this widespread discrimination, not just within the Balkans but throughout Europe, the OSCE has sought to address the specific problems of the Roma. Your local Bosnian Helsinki Committee has also recently translated a human rights manual into Romani and I hope this will assist this marginalized community to assert and defend its rights. Eight governments of central and southeastern Europe have taken their own political initiative, titled the “Decade of Roma Inclusion,” to close the gap in welfare and living conditions between the Roma and non-Roma in their societies. Their aim is to break the cycle of poverty and exclusion by 2015. Several of the western Balkan states are active in this initiative. My understanding is that Bosnia is not yet a participant. It should be. One way to judge a society is by how well it protects the rights of those least able to realize them on their own. Any sincere effort to create modern, rights-based societies in the Balkans cannot overlook the plight and abuse of the civil, political, economic and social rights of the Roma. Among fundamental freedoms is the right to religious expression and belief. This is an issue of deep concern to Commission members. The right to practice your faith is no more secure than your readiness to acknowledge the right of others to practice theirs. Since the fall of communism various laws have been adopted in the region to provide for religious freedom, but these have unfortunately had the effect in some respects of restricting this fundamental right. They set numerical thresholds for the registration of religious groups, discriminate in favor traditional faiths, and place limits on free speech and proselytizing. These restrictions are particularly burdensome to new religious denominations and can lead to harassment against and stigmatization of their members. Albania, in contrast, has adopted a progressive law which provides for a neutral registration system that is applied universally. This is a model others in the region should consider adopting. Meanwhile, there is a need to step up efforts to respect the sanctity and ensure the safety of places of worship that have been targets of ethnically based violence in Bosnia, Serbia and Kosovo. Governments need to adopt a “zero-tolerance” approach in responding to such provocations. Finally let me address the situation of Kosovo. The pending decision on the final status of Kosovo has given rise to much anxiety and apprehension in the region. Much of the debate on Kosovo has focused on the larger issues of sovereignty, territorial integrity and self-determination. Within Congress and even within the Helsinki Commission reaching a consensus on the right outcome in Kosovo is difficult, but two things are clear. First, there is no connection between Kosovo’s future and the recognized sovereignty and the territorial integrity of Bosnia and Herzegovina. Second, whatever form a Kosovo settlement takes, the fundamental issue in the Commission’s view is whether or not it improves the respect for human rights, especially the rights of those people belonging to the Serb, Roma and other minority communities. Those rights include the protection of property and the right of return for displaced persons. Any settlement should also encourage a process of integration and inclusion of these minority communities within a broader Kosovo society. From this perspective the proposed plan of UN Special Envoy Ahtissari can serves as a solid basis for compromise. Even if Belgrade and Pristina cannot agree on the issue of status, they should be engaged in serious negotiations to protect the rights of these minority communities. But whatever becomes of Kosovo, the OSCE and other international human rights standards must apply there and the OSCE must be fully involved in monitoring implementation of any settlement to assure these rights are respected. Conclusion My remarks have focused on some areas of concern, but let me say in conclusion that the region of the western Balkans has come a long way since the 1990’s. The international community has made a substantial investment in the peace, stability and reconstruction in the region, and we welcome this progress. Slovenia is a full-fledged member of NATO and the EU. Croatia is well on the road to membership in both, and Macedonia and Albania are making progress in the right direction. In a welcome development at the end of last year, Bosnia, Serbia and newly independent Montenegro were invited to join NATO’s Partnership for Peace. The regional trajectory is positive. More importantly, the EU and NATO have made a political commitment to include all of the western Balkan states into Euro-Atlantic institutions, and recognized that Europe will be incomplete without your countries. That does not relieve you of the responsibility to meet the conditions of membership in these institutions, but it does offer a bright future for the region. The issues your societies now face are perhaps less dramatic than achieving peace was a decade and more ago. These are issues of complying with human rights norms and improving the quality of life and the relationship between the individual and his or her government. These issues should be a matter of open, public debate in local and regional fora like this one. For too long nationalism and an “us versus them” mentality have dominated public discussion and driven politics in the region. It is time politicians on all sides put down the megaphones and drop the rhetoric that they have been using to polarize the situation. A new dialogue based on an open discussion of these human issues needs to replace it. This is essential to preventing future conflict, promoting economic and social development and sustaining peace. Only political will on the part of governments and party leaders and the full engagement of NGOs and citizens in this Helsinki process of dialogue can get this job done and complete the transition of the western Balkan states into permanent and stable democracies.
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Tajikistan's Presidential Election Falls Short
Wednesday, December 13, 2006By Kyle Parker and Knox Thames On November 6, 2006, Tajikistan held its fourth presidential election, in which incumbent President Emomali Rahmonov easily won over four other competitors. The conduct of the campaign and the Election Day itself provided the international community with an opportunity to gauge Tajikistan’s commitment to democratization – the result was a mixed picture that displayed fundamental problems that must be addressed before Tajikistan can meet OSCE standards of free and fair elections. The final results released by the Central Commission for Election and Referenda (CCER) of Tajikistan showed that President Rahmonov defeated four other candidates with 79 percent of the vote, based on approximately 3 million ballots representing 91 percent of the electorate. The nearest competitor garnered just over five percent. The OSCE’s Election Observation Mission (EOM) reported in its preliminary findings that the elections “did not fully test democratic electoral practices… due to a lack of genuine choice and meaningful pluralism,” and concluded that “the election process also revealed substantial shortcomings.” Tajikistan in Context Tajikistan is located at the heart of the ancient Silk Road traversing the Eurasian landmass, bordering Afghanistan, China, Uzbekistan, and Kyrgyzstan. With about seven million people, Tajikistan has a young, growing population that is largely Sunni Muslim and speaks Tajik, a language closely related to Farsi. Tajikistan has one of the lowest GDP’s of the former Soviet republics; up to one million Tajik citizens are migrant workers abroad, mostly in the Russian Federation. Landlocked and home to the tallest mountains in the post-Soviet space, Tajikistan possesses abundant fresh water resources from glacial runoff. However, only six percent of Tajikistan is arable. Tajikistan also hosts one of the largest and most polluting aluminum smelters in the world. Additionally, since the fall of the Taliban in neighboring Afghanistan in 2001, the cross-border drug trade has dramatically increased, fueling corruption, drug addiction, and HIV/AIDS among the local population. Following the dissolution of the USSR, Tajikistan was the only former Soviet republic to experience a protracted civil war that claimed the lives of at least 40,000 people and displaced nearly a million. Despite extreme poverty, the country has made notable gains since the peace agreement signed almost 10 years ago that ended the civil war. The accord created a power-sharing agreement among the warring parties, including the only legal Islamic party in post-Soviet Central Asia. President Rahmonov was first elected in 1994 and re-elected in 1999. The Constitution of Tajikistan sets a presidential term of office at seven years. In 2003, a referendum amended the constitution to limit the number of consecutive terms an individual could be elected president to two, but allowed him to run again. As a result, President Rahmonov may seek another term in 2013, potentially serving until 2020. Pre-Election Climate As elsewhere in Central Asia, Tajikistan’s political system features top-down rule by the president, whose control of the state apparatus and state-run media greatly enhance his privileged position in any election. Pre-election decrees by the CCER did address some inequities in the election system, and the government provided opposition parties free air time on state television. However, the ability of independent media outlets to operate freely was restricted. And while multiple candidates did participate, the major opposition leaders experienced significant harassment from authorities and did not or could not run. For instance, Muhammadruzi Iskandarov, the former head of the Democratic Party, was sentenced to 23 years in prison in October 2005 under questionable circumstances. This year, authorities repeatedly threatened criminal penalties against the Chairman of the Socialist Democratic Party, Rahmatullo Zoyirov, for statements made regarding the number of alleged political prisoners in Tajikistan. Before his death in August, charges of slander were brought against the late Said Abdullo Nuri, Chairman of the Islamic Renaissance Party, who was arguably the only opposition presidential candidate with a national following. Of these three parties, only the anti-Iskandarov “Vatan” faction of the Democratic Party entered a candidate. Their bid was unsuccessful, as they could not obtain the necessary petition signatures in time to qualify for ballot inclusion. The CCER registered five candidates out of six nominees who submitted signatures for the election: Olimjon Boboev (Party of Economic Reform of Tajikistan); Abdukhalim Gaffarov (Socialist Party); Amir Karakulov (Agrarian Party); Emomali Rahmonov (Peoples’ Democratic Party of Tajikistan); and Ismoil Talbakov (Communist Party of Tajikistan). To run, candidates had to collect signatures representing five percent of registered voters, or approximately 160,000 names. Individuals could not sign more than one petition, and yet remarkably, the six applicants reportedly collected over 1.5 million signatures, equaling roughly half of the electorate in just 20 days. Considering that the pro-government Agrarian and the Economic Reform Parties were both established this year, their ability to set up a network to collect the required signatures was remarkable and implausible. Although roughly one of every two voters signed a petition (based on the claims of the parties), Commission staff did not meet any individual voter who had signed a petition nor did staff hear of any other OSCE observer that met a voter who also signed a petition. Each candidate had up to 30 minutes of free air time on state television and radio. Nevertheless, the OSCE EOM described the campaign period as “largely invisible,” with party platforms that were “similar,” and concluded that “none of the four candidates running against the incumbent offered a credible political alternative.” Furthermore, there was “little media coverage of the election campaign and a high media profile of the incumbent, raising doubts whether voters received sufficient information to make an informed choice.” Violations on Election Day The November 6 election was the first presidential election in Tajikistan observed by the OSCE, as minimum conditions for democratic elections were not in place for previous presidential contests. The EOM deployed 12 experts and 13 long-term observers to the capital city of Dushanbe and five other cities. The Mission was headed by Mr. Onno van der Wind of the Netherlands. Mr. Kimmo Kiljunen, a parliamentarian from Finland, led the observation delegation from the OSCE Parliamentary Assembly, which was integrated into the EOM. On Election Day, the EOM deployed 123 short-term observers representing 31 OSCE participating States. OSCE observers visited approximately 500 of 3,042 polling stations throughout Tajikistan and observed the closing procedures and tabulations in 47 District Election Commissions. Helsinki Commission staff members were accredited as OSCE observers and visited 15 polling stations in the Dushanbe area, ranging from large urban stations to smaller semi-suburban stations and two military precincts. They witnessed the opening and closing of a polling station, as well as tabulation at the District Electoral Commission level. Commission staff witnessed some type of violation in approximately three quarters of the polling stations visited. The most common problem was the appearance of identical signatures on the voter registry, possibly indicating proxy voting. However, proxy voting was only witnessed in one station. Family voting was widespread. In the vast majority of precincts, ballot boxes were not adequately sealed, but there was no visible evidence of tampering. There were no observed instances of voters being denied the opportunity to cast a ballot, nor were any such complaints raised with Commission staff. Commission staff did encounter teams of observers accredited by the Commonwealth of Independent States (CIS), the Russian Federation, and the People’s Republic of China. None of these teams appeared to operate under any kind of election observation methodology, in clear contrast to OSCE observers. As in past elections, the CIS observers drew starkly different conclusions about the electoral conditions than the conclusions of the OSCE EOM. Of the irregularities observed throughout the day, none appeared to be deliberate attempts to skew the final tally in favor of, or against any particular candidate. The infractions appeared to stem from a lack of proper training, old Soviet habits, and/or a general lackadaisical attitude to what was largely seen as an exercise with a foregone conclusion. Still, the vote count monitored by Commission staff at polling station 10 in Dushanbe’s Second District raised questions about the motives of the precinct workers, who appeared determined not to allow a credible observation. Initially, Commission staff were not permitted to enter the station. Once inside, they were not allowed to come within 15 feet of the table where election officials were counting the ballots. In addition, election officials stood in such a way as to block observers from having any view of the tabulations. Precinct staff did not follow closing procedures – counting the blank ballots last rather than first; results were not entered into the protocol as they were established, but rather at the end of the entire count. Staff questions about these concerns directed to the Precinct Election Commission head were unsatisfactorily answered. The EOM preliminary report echoed these findings. Of the polling stations visited by OSCE observers, proxy voting was cited in 19 percent of the stations and identical signatures were observed in 49 percent of the stations. The report cited incidents of security officials interfering in the work of the observers. In addition, the report found that “counting procedures necessary to ensure integrity and transparency of the process were generally not followed.” The report did note some areas of progress, such as the peaceful nature of the voting; CCER training for electoral commissions; provision of free air time for candidates; voter education efforts; ballots in multiple languages; and the availability of polling stations abroad. However, the EOM report concluded that overall the election “did not fully test democratic electoral practices” because of a “lack of genuine choice and meaningful pluralism.” The findings went on to state that “the election was characterized by a marked absence of real competition. Parties that determined themselves as political opposition to the incumbent chose not to contest the election. Thus, voters were presented with a choice that was only nominal.” Other issues of concern were: significant shortcomings in the election legislation; lack of transparency by the CCER; a government-controlled media environment; and an unusually high signature threshold for candidate participation. Post-Election Tajikistan The outcome of Tajikistan’s presidential contest was never in doubt – the only question was whether President Rahmonov’s final tally would be in the 80th percentile (as in Kyrgyzstan last July) or the 90th percentile (typical for Turkmenistan and Uzbekistan, and recently equaled in Kazakhstan). By that standard, the 79 percent that Rahmonov received could be considered modest for Central Asia. Nevertheless, the international community was able to assess Tajikistan’s commitment to democratization through its conduct before and during the election. Overall, the campaign and election presented a mixed, but generally frustrating, picture – while the electoral code reform, the lack of Election Day violence, and the participation of multiple candidates was positive, the prevalence of irregularities and the intimidation or arrest of major opposition leaders call into question President Rahmonov’s commitment to democratic reform. Although there was little question he would win a fair contest, the deck was carefully stacked anyway. Problems with Tajikistan’s electoral conduct are not new, as the OSCE observed their 2000 and 2005 parliamentary elections and found significant violations in both. The conclusions of the 2000 observation mission stated that Tajikistan must do more to “meet the minimum democratic standards for equal, fair, free, secret, transparent and accountable elections.” Despite OSCE engagement in the pre-election period last year, the 2005 parliamentary elections remained problematic, with the OSCE mission stating they “failed to meet many key OSCE commitments and other international standards for democratic elections.” Against that background, the 2006 presidential election was disappointing for not having achieved more and deeper systemic reforms. President Rahmonov, now safely reelected, has consolidated his position. The next real test of his commitment to electoral reform will be the 2010 parliamentary election, specifically, whether independent opposition parties can operate and organize freely. Many observers believe that the electorate’s vivid memory of the civil war has created an appreciation for the stability he represents, despite the country’s democratic shortcomings. However, 60 percent of the population is reportedly under 35 years old and if serious democratic reforms are not entrenched, and the 2010 parliamentary election again falls short of international standards, the political gains achieved since the end of the war may be jeopardized. As Rakhmonov begins a new seven-year term of office, it is critical that reform efforts move forward. A good sense of his government’s direction could come early in his new administration, if problematic draft NGO or religion laws, are reintroduced, since previous versions fell short of OSCE commitments. In addition, continued governmental efforts to close or harass independent media outlets will also indicate whether old policies will hold sway during the new term of office. Conclusion The United States should continue to find ways to help this impoverished nation develop economically and democratically, lending assistance when appropriate, while continuing to hold Tajikistani authorities to the OSCE commitments they freely undertook. The United States would do well to continue to actively encourage those laboring for a stable and open society in this country that has the potential to be a key partner in battling regional threats to U.S. interests. In addition, the growth of democracy and respect for human rights would enable Washington and Dushanbe to deepen their engagement, while cementing the stability and progress achieved in Tajikistan.
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OSCE Ministers Urge Concerted Action to Combat Sexual Exploitation of Children
Wednesday, December 13, 2006By Ron McNamara, International Policy Director Foreign Ministers from the 56-nation Organization for Security and Cooperation in Europe approved a major initiative on combating a wide range of sexually exploitative crimes against children, including prostitution, child pornography, trafficking in children for sexual exploitation, sex tourism and forced marriages of children. A collaborative effort spearheaded by the United States, Belgium and France, the decision was unanimously agreed in recognition “that sexual exploitation of children constitutes a grave and heinous crime, in many cases involving organized crime that must be prevented, investigated, prosecuted and penalized with all available means.” The decision, taken during the annual Ministerial Council meeting, held in Brussels, provides political impetus to enhance cooperation among law enforcement agencies throughout the OSCE region. The statement issued by the Council condemns the sexual exploitation of children in all its forms, urging the participating States to conform their legislation on this subject to their relevant international commitments and obligations. Progress in strengthening the legal framework to combat these forms of abuse and close existing gaps is viewed by experts as essential to effective action by law enforcement, especially as these crimes often involve entities in numerous countries. The need for greater uniformity in relevant laws was made clear in a comprehensive report, Child Pornography: Model Legislation & Global Review, issued in 2006 by the International Centre for Missing & Exploited Children in cooperation with Interpol. Surveying laws in 184 Interpol member countries, the report found that more than half of these countries (95) had no laws addressing child pornography and, in many other countries, the existing laws were inadequate. Among OSCE countries, the report found that six countries lacked any laws criminalizing any aspect of child pornography, with 32 countries lacking any legal definition of child pornography. Sixteen OSCE countries have failed to make the possession of child pornography a crime and 20 lack laws criminalizing the distribution of child pornography via computer and the Internet. Fifty OSCE countries do not require Internet Service Providers (ISPs) to report suspected child pornography to law enforcement. To date, Belgium, France and the United States are the only OSCE countries to have enacted comprehensive laws addressing all five areas analyzed in the report. The Ministers drew particular attention to the role played by new technologies, including the Internet, in facilitating the sexual exploitation of children, in an industry with revenues in the billions of dollars each year. States were urged to take a holistic approach toward the problem of sexual exploitation of children, addressing root and contributing factors, including the demand that fosters all forms of sexual exploitation of children, and to develop comprehensive and proactive strategies and measures aimed at preventing and combating the sexual exploitation of children. OSCE countries were encouraged to develop compatible and exchangeable data registration systems specific to the sexual exploitation of children as well as create telephone or Internet hotlines as a resource for victims and their families. They were likewise urged to work with ISPs, credit card companies, banks and other corporations as well as relevant NGOs, to ensure information related to the sexual exploitation of children is tracked and reported. In addition, the Ministerial decision included a series of specific recommendations for further action by the participating States, many aimed at strengthening the tools available to law enforcement, including adoption of legal measures that would allow them to prosecute their citizens for serious sexual crimes against children, even if these crimes are committed in another country. OSCE States were urged to aggressively prosecute the sexual exploitation of children and impose tough penalties on offenders perpetrating such crimes. The Council recommended the establishment of training programs concerning sexual exploitation of children for personnel, including those working in the areas of justice, policing, tourism, transport, social work, health care, civil society, religious organizations, and education. Similarly, Ministers called for countries to facilitate legal protection, assistance, appropriate medical care, and rehabilitation and reintegration programs for child victims of sexual exploitation as well as efforts for the safe return of trafficked children. The OSCE, as an organization, was encouraged to pay increased attention to these issues, including the links to trafficking in persons, and to cooperate with other international organizations, NGOs and civil society in combating the sexual exploitation of children. The Brussels Ministerial decision on sexual exploitation of children originated, in large part, from a resolution sponsored by Commission Co-Chairman Rep. Christopher H. Smith and managed by Commissioner Rep. Joseph R. Pitts during the Annual Session of the OSCE Parliamentary Assembly convened in the Belgian capital in July 2006. That proposal, “Combating Trafficking and the Exploitation of Children in Pornography,” was overwhelmingly approved by parliamentarians from the participating States. A Helsinki Commission hearing, “Protecting Children: The Battle Against Child Pornography and Other Forms Of Sexual Exploitation” was held on September 27, 2006, to assess the magnitude of abuse against children. In opening remarks, Co-Chairman Smith explained, “The anti-trafficking efforts have convinced me that combating sexual exploitation of children in all of its forms requires even more comprehensive laws, as well as effective partnerships between local, state, and federal law enforcement, and the nongovernmental communities at all levels, and that includes international.” Smith noted strong indicators that those captivated by pornography are more likely to become predators and purveyors themselves, further feeding the cycle. As with other addictive behaviors, these individuals are often driven into more extreme acts of preying on younger victims or employing violence. He observed that organized crime, including gangs, also appears to be venturing further into the lucrative trade in children. As a result, global criminal networks are springing up, further complicating efforts to prosecute those responsible for these horrendous crimes against children. James E. Finch, assistant director of the Cyber Division of the FBI discussed the Bureau’s efforts to combat the sexual exploitation of children through the use of the Internet and promote closer cooperation with foreign law enforcement agencies. James Plitt, the unit chief of the Cyber Crimes Center of the Immigration and Customs Enforcement stressed “that the issue of child exploitation is enormous and multidimensional. Furthermore, any potential solution to this issue must be multidimensional….collectively, we need to understand the challenge we face, and we need to understand the trends, techniques and vulnerabilities of those engaged in international criminal business enterprises,” he concluded. On the question of limited resources, Plitt noted, “If we had triple the investigative resources, we would still have investigative leads untouched.” Finch underscored the challenges faced by law enforcement given the relative ease and limited expense involved in setting up exploitative web sites. Commissioner Mike McIntyre urged greater partnership between law enforcement and the public to identify perpetrators of these crimes as well as aggressive investigation and prosecution of them. Linda Smith, founder of Shared Hope International and a former Member of Congress, presented the findings of the U.S. Mid-term Review on the Commercial Sexual Exploitation of Children in America, identifying five key issues which stand out as the most immediate and urgent needs to protect America's children: confront the demand side of exploitation; aggressively pursue those responsible for the online trafficking in children; ensure sufficient services for victims, especially shelter; expand cooperation between law enforcement agencies at all levels; and further strengthen Federal law. She made an impassioned call to decriminalize the prostituted minor, “What we've found was that these kids, when identified, are called prostitutes, and they're quickly moved into detention when they're found, treated like a criminal, and then, when released, put in a foster care system where they bleed out. We do not have child prostitutes. We have prostituted children.” With respect to pornography, she decried the marketing to recruit boys as clients as well as the explosion of pornographic images of children creating demand for direct sexual violation of children. Carol Smolenski, executive director of ECPAT-USA discussed multilateral efforts to more effectively combat the sexual exploitation of children. She cited demand and prevention as major of common concern as well as the need to keep pace with rapidly changing technologies. Commissioner Pitts voiced particular concern that law enforcement have the tools necessary to adapt to technological challenges. Turning to the role of organized crime and gangs in exploitation, Smolenski observed, “you'd be hard-pressed to talk to a service provider who has not found gang involvement with child prostitution these days…yes, gangs are definitely a part of it and a growing part of it.” Dr. Mohamed Mattar, executive director of the Protection Project at Johns Hopkins School of Advanced International Studies, touched on several positive developments in the fight against the sexual exploitation of children: expansion of criminal liability; extension of territorial jurisdiction; and enhancement of child protection, including the abolition of a statute of limitations. He welcomed Senate ratification of the Council of Europe Convention on Cybercrime of 2001. Mattar made a series of recommendations to enhance implementation of relevant U.S. law. He urged funding to back up U.S. efforts to prevent sex tourism, while citing laws in Sweden, Switzerland, and The Netherlands as particularly problematic. Dr. Mattar called for funding to support research on victims of child exploitation; establishing programs to expand state law enforcement officials' capabilities in prosecuting demand and providing services for victims; shifting the focus of the United States toward penalizing the purchaser of sexual services; and mobilizing countries to enact Internet laws that protect children from commercial sexual exploitation. Ernie Allen, chairman and chief executive officer of the National Center for Missing and Exploited Children and the International Center for Missing and Exploited Children, focused largely on commercial child pornography, a multibillion-dollar industry, stressing that children are plentiful and easily accessed; child pornography is easy and inexpensive to produce; there is a huge consumer market for it, making it enormously profitable; and, finally, historically there's been virtually no risk, far less risk than trading in drugs or guns. Allen presented his candid conclusion, “Most people don't understand what this problem really is; there's a real misconception. But what we are finding and what law enforcement is finding is that the victims are getting younger and the content, the images, are becoming more graphic and more violent. From the data on the hundreds of offenders who have been identified to date, we can report to you that 39 percent of those offenders had images of children between the ages of 3 and 5. And, 19 percent had images of children younger than 3 years old. This is not what America thinks it is.” Few of the world's nearly 200 countries, he pointed out, have any kind of meaningful system or capacity to adequately and effectively combat the sexual exploitation of children, especially through child pornography. Allen discussed his organizations work in training law enforcement officials around the world in the investigation of computer-facilitated crimes against children as well as initiatives to enlist the support of ISPs and leaders in the technology and banking industries in dismantling networks responsible for exploitation of children. He echoed calls for additional resources to aid law enforcement, including in the field of forensics. In response to a suggestion from Co-Chairman Smith that the United States push for an international form of Megan's Law aimed at sex offenders, Allen replied, “I agree 100 percent. I think it's absolutely appropriate. It's a prime opportunity for American leadership and the leadership of other countries on this issue. It's unbelievably important. These offenders are mobile…offenders from other countries come here, where we have no knowledge about their history or prior record.”
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Accountability and Impunity: Investigations Into Sterilization Without Informed Consent in the Czech Republic and Slovakia
Monday, August 14, 2006On December 23, 2005, the Czech Public Defender of Rights issued a report confirming that some Romani women had been sterilized without informed consent. His report constitutes an unflinching examination of several highly sensitive issues: the relationship between patients and doctors in the Czech Republic, the eugenics movement in Czechoslovakia, communist-era policies toward the Romani minority, and the question of whether the post-communist Czech Government brought a definitive end to the communist-era policy of targeting Romani women for sterilization. This report stands in stark contrast with Slovakia’s flawed investigation (completed in October 2003) of the same issue, which was marred by numerous shortcomings and insufficient follow-up. That inquiry prompted changes to the legal framework for sterilization in Slovakia which should help safeguard against the possibility that anyone will be sterilized without informed consent in the future. However, the Slovak Government’s investigation dismissed sterilizations without informed consent as merely “procedural shortcomings.” Moreover, the Slovak Government’s failure to acknowledge that wrongful sterilizations did, in fact, occur, contributes to the chasm of mistrust that divides Slovakia’s Romani and non-Romani citizens. Non-Roma have been misled by their government to believe that Roma falsely made accusations of egregious wrongs, and government institutions established to defend human rights have utterly failed to protect the rights of Roma. Download the full report to learn more.
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From the Maidan to Main Street: Ukraine's Landmark Democratic Parliamentary Elections
Thursday, April 20, 2006By Commission Staff While pundits attempt to sort out the political meaning of Ukraine’s March 26th parliamentary elections to fill the 450-seat Verkhovna Rada, the significance of the conduct of the elections should not be missed. “Free and fair” was the resounding assessment of the OSCE-led International Election Observation Mission (IEOM) that also included observers from the OSCE Parliamentary Assembly, the Parliamentary Assembly of the Council of Europe, the European Parliament, the NATO Parliamentary Assembly, and the OSCE Office of Democratic Elections and Human Rights (ODIHR). This unqualified positive appraisal – a first among the 12 former Soviet republics outside the Baltics that have conducted scores of elections since the 1991 breakup of the Soviet Union – underscores the consolidation of democratic gains made in Ukraine’s 2004 Orange Revolution following years of political stagnation. These clean March 26th elections stood in stark contrast to the fatally flawed first rounds of the Ukrainian presidential elections that ushered in popular revolt sixteen months earlier. Coming on the heels of the blatantly undemocratic presidential “elections” in neighboring Belarus a week earlier, comparisons were inevitable. The Rada elections also followed a series of recent electoral contests elsewhere in the former Soviet Union, including in Azerbaijan and Kazakhstan, which to varying degrees fell short of international standards. The OSCE assessment in Ukraine returns the “free and fair” formulation to the lexicon of international election observations, departing from the heavily nuanced appraisals that have become common in recent years. This development has potentially significant implications for future OSCE observations, especially with parliamentary and presidential elections expected in Russia in 2007 and 2008 respectively. Helsinki Commissioner Rep. Alcee L. Hastings, current President of the OSCE Parliamentary Assembly, was appointed by the OSCE Chair-in-Office to serve as Special Coordinator for short-term observers. Commission staff observed on Election Day, as part of the IEOM deployment of 914 observers coming from 45 OSCE countries including Russia. In all, the group examined voting and the vote count in nearly 3,000 polling stations. The Commission contingent observed balloting throughout the Kiev and Cherkasy regions. The Ukrainian Government declined to invite observers from the Commonwealth of Independent States (CIS), an entity discredited in the eyes of many for its effusive praise of fundamentally flawed elections elsewhere in the former Soviet Union, including Belarus’ undemocratic March 19 presidential contest. The CIS stood out for its sharply critical evaluation of Ukraine’s December 26, 2004 presidential elections that resulted in Victor Yushchenko’s victory in elections widely considered to have met democratic standards. Ukraine has refused to participate further in CIS monitoring missions. The two dozen Russian Duma observers present offered tempered, mixed opinions about the conduct of Rada elections. Whatever shortcomings there were in these elections – and no undertaking of this scale is perfect – they appear to have resulted from late or otherwise poor planning. Among these were delays in the formation of some district and precinct election commissions, the absence of a functioning Constitutional Court, long lines and crowding at some polling stations, and lingering inaccuracies in voter lists. On the positive side of the balance sheet were the significantly freer media and decidedly more balanced media coverage; no systematic use of administrative resources; the transparent, consensual and professional administration of the elections at all levels; inclusion of domestic, non-partisan observers; and an overhaul of voter lists. Election day began early with polling stations opening at 7:00 a.m. There were over 34,000 polling stations. Adding to the vibrancy of the elections was the large number of domestic observers, an indication of buy-in on the part of Ukrainians young and old alike with many affiliated with particular parties or candidates and others representing NGOs. Upon entering the polling stations, one was struck by walls plastered with informational bulletins on candidates and parties. Forty-five parties and blocs vied for seats in parliament. While the international community was mainly focused on the parliamentary balloting, voting was also underway for regional and local government. Voters were thus presented with four lengthy ballots: national and regional as well as local councils and mayoral races. While some older voters were befuddled by this collection of papers, most voters seemed to take it in stride. Election commission poll workers seemed attentive to their duties. This was put to the test in the complicated tabulation process that began, once polling stations closed at 10:00 p.m., typically involving the sorting and counting of thousands of papers. Processing the Rada results alone went into the wee hours of morning, with the three remaining stacks of ballots from other contests proceeding well past daybreak. The undeniable success of the domestic observation in these elections, buttressed by years of investment in training and support by the United States and others, raises obvious questions about the need for future international observations in Ukraine. Has the time come to “graduate” Ukraine from such scrutiny and leave that necessary task to Ukrainian stakeholders themselves? Many believe the March 26th elections confirm that that time has come, especially if Ukraine continues on its increasingly democratic trajectory. The greater and more prominent role of domestic observers, also reinforces the notion that the time for Ukraine’s “graduation” has come. Indeed, the OSCE should continue to encourage domestic stakeholders to prove themselves to their own people. The Maidan, Kiev’s Independence Square that featured so prominently in the massive demonstrations by orange-clad protesters in November 2004 and the jubilant crowds following Yushchenko’s victory a few weeks later, was calm on the Monday following the Rada elections. Strolling past this bustling area, Ukrainians were going about their routines, perhaps an indicator that the politics of democracy has moved from the Maidan to the Main Streets of cities and towns throughout the country. Whatever the pundits may declaim regarding the election results or the continuing strength of the Orange Revolution, what seemed palpable was a keen appreciation for the business of governing. Neither a democratic revolution nor a single “free and fair” election are guarantees that the resulting government will be in a position to immediately deal with the basic needs of its people. Overcoming these obstacles will have a profound impact on how the next government meets the political and economic challenges Ukraine faces at home and abroad. What we can say with confidence is that the March 26th elections were a further essential step in the process of overcoming the legacy of the past – a history marred by foreign domination, genocidal famine, denial of political and cultural freedom, and more recently political stagnation. Today, the people of Ukraine are removing the overgrowth of thorns – an image alluded to by the great poet Taras Shevchenko – that prevented them for so long from pursuing their own pathway to a brighter and more prosperous future.
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American Agenda Moves Forward at the 14th Annual OSCE Parliamentary Assembly
Friday, August 19, 2005The 14th Annual Meeting of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly convened in Washington, DC, July 1-5, 2005. Speaker of the House, J. Dennis Hastert (R-IL), the host for this year’s Assembly, welcomed more than 260 parliamentarians from 51 OSCE participating States as they gathered to discuss various political, economic, and humanitarian issues under the theme, “30 Years since Helsinki: Challenges Ahead.” Commission Chairman Senator Sam Brownback (R-KS) served as head of the U.S. Delegation, Co-Chairman Christopher H. Smith (R-NJ) was delegation vice-chairman. Secretary of State Dr. Condoleezza Rice gave the inaugural address at the assembly’s opening session, thanking the members of the OSCE PA for their work toward “human rights, the rule of law, free and fair elections, and the development of transparent, accountable institutions of government across the OSCE community and around the globe. “As the Chairman-in-Office and Parliamentary Assembly take a fresh look at the OSCE agenda and consider these and other items, preserving the integrity of Helsinki principles and ensuring that the OSCE continues to be an agent of peaceful, democratic transformation should be paramount objectives,” Secretary Rice said. Chairman Brownback in plenary remarks underscored the rich history of the Helsinki Process, unwavering U.S. commitment to human rights and the dignity of the individual, and the dramatic advances made in Georgia, Ukraine, and Kyrgyzstan. At the same time, he pointed to the remaining work to be done in the OSCE region and beyond to meet the promises made with the signing of the 1975 Helsinki Final Act. Offering guidance to the body, OSCE PA President and Helsinki Commissioner Rep. Alcee L. Hastings (D-FL) reiterated the gathering’s theme: “In this new Europe, and in this new world, the OSCE and the OSCE Parliamentary Assembly must stand ready to respond to new threats and challenges, and this means evolving and adapting to new realities.” Agenda and Issues Among the issues considered by the Assembly were recommendations for changes in the OSCE Code of Conduct for Mission Members, efforts to combat human trafficking, and calls for greater transparency and accountability in election procedures in keeping with OSCE commitments made by each of the 55 participating States. The First Committee on Political Affairs and Security met to discuss matters of terrorism and conflict resolution, including resolutions on the following topics: terrorism by suicide bombers the situation in Abkhazia, Georgia terrorism and human rights Moldova and the status of Transdniestria Under the chairmanship of Rep. Benjamin L. Cardin (D-MD), the Second Committee on Economic Affairs, Science, Technology and Environment moved on a number of issues, including resolutions and amendments on: small arms and light weapons maritime security and piracy the OSCE Mediterranean dimension money laundering the fight against corruption The Third Committee on Democracy, Human Rights and Humanitarian Questions tackled a number of resolutions, as well as two supplementary items brought by members of the U.S. Delegation. Other topics addressed by the Committee included: the need to strengthen the Code of Conduct for OSCE Mission Members combating trafficking in human beings improving the effectiveness of OSCE election observation activities The Assembly plenary met in consideration of the resolutions passed by the general committees as well as the following supplementary items: improving gender equality in the OSCE combating anti-Semitism Special side events were held in conjunction with the 5-day meeting, including a briefing on the status of detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, held by senior U.S. officials from the Departments of Defense and State. Members of the U.S. Delegation also participated in the following organized events: Parliamentary responses to anti-Semitism Working breakfast on gender issues Mediterranean side meeting Panel discussion on the Nagorno-Karabakh conflict Human rights in Uzbekistan Meeting of the parliamentary team on Moldova In addition, while participating in the Assembly, members of the U.S. Delegation held bilateral meetings with fellow parliamentarians from Azerbaijan, Georgia, Kazakhstan, and Turkmenistan. They also had formal discussions with the newly appointed OSCE Secretary General Marc Perrin de Brichambaut. Key U.S. Initiatives The successful adoption of a number of supplementary items and amendments to the Assembly’s Washington Declaration illustrated the extent of the activity of the members of the U.S. Delegation in the three Assembly committees. The delegation met success in advancing its initiatives in human trafficking, election observation activities, and religious freedom. As a result, the Washington Declaration reflects significant input based on U.S. initiatives. In the General Committee on Democracy, Human Rights and Humanitarian Questions, Senator Voinovich (R-OH) sponsored, and successfully passed, a supplementary item on funding for the Office for Democratic Institutions and Human Rights (ODIHR) to allow it to continue its missions and responsibilities. Speaking on the passage of his resolution on combating trafficking at the hands of international peacekeepers, Co-Chairman Smith said, “In the past, the lack of appropriate codes of conduct for international personnel, including military service members, contractors, and international organization’s employees, limited the ability to counter sexual exploitation and trafficking. That is finally changing.” The U.S. Delegation also overwhelmingly defeated text offered by the Russian Delegation that would have weakened the ability of ODIHR to effectively perform election observations. Co-Chairman Smith, principal sponsor of the amendments that served to frustrate the Russian resolution, praised the OSCE Parliamentary Assembly saying, “The Parliamentary Assembly has reaffirmed the central and historic leadership role of the OSCE’s Office of Democratic Institutions and Human Rights in monitoring elections….Parliamentarians from the participating States have soundly rejected the ploy to weaken OSCE election standards, holding participating States accountable when they fail to fulfill their OSCE election commitments.” On the issue of religious freedom, the U.S. Delegation carried through two amendments to the final Assembly declaration. “I am very pleased that these amendments passed,” said Co-Chairman Smith, who offered the amendments to the draft resolution. “However, the fact that the first amendment passed by only 10 votes underscores the continuing challenge in the fight for religious liberties in the OSCE region. The fact that parliamentarians are willing to discriminate against minority religious communities is sobering.” In addition, an amendment brought by Del. Eleanor Holmes-Norton (D-DC) that calls on the U.S. Congress to grant voting rights for residents of the District of Columbia secured passage. Leadership Positions Commissioner Hastings was re-elected unanimously to another one-year term as the President of the OSCE Parliamentary Assembly. Joining the U.S. leadership on the Parliamentary Assembly, Commissioner Benjamin L. Cardin was also re-elected Chairman of the General on Economic Affairs, Science, Technology and Environment by unanimous decision. Commission Co-Chairman Christopher H. Smith continues in his role as Special Representative on Human Trafficking to the OSCE PA. Additionally, Rep. Hoyer chaired the Ad Hoc Committee on Transparency and Accountability, which works to foster greater response from the governments of participating States to Assembly initiatives. The close of the Assembly was marked with the adoption of the Washington Declaration and concluding remarks by OSCE PA President Hastings. The Parliamentary Assembly will meet again next year, July 3-7, in Brussels, Belgium. U.S. Delegation to 14th Annual OSCE Parliamentary Assembly: Commission Chairman Sen. Sam Brownback (R-KS) Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) Sen. George Voinovich (R-OH) Rep. Steny H. Hoyer (D-MD) Rep. Louise McIntosh Slaughter (D-NY) Rep. Alcee L. Hastings (D-FL) Rep. Robert Aderholt (R-AL) Rep. Mike McIntyre (D-NC) Rep. Joseph R. Pitts (R-PA) Rep. Mike Pence (R-IN) Del. Eleanor Holmes Norton (D-DC)
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Helsinki Commission Staff Observe Farcical Belarus Elections
Tuesday, November 09, 2004By Orest S. Deychakiwsky and Ronald J. McNamara CSCE Staff On October 17, Belarus held fundamentally flawed parliamentary elections and a referendum allowing Belarusian dictator Aleksandr Lukashenka unlimited terms as president. Lukashenka’s current “term” expires in 2006. The rigged referendum certainly did nothing to legitimize Lukashenka's now ten-year repressive rule. Likewise, the new National Assembly will lack legitimacy because of the fundamentally flawed nature of these elections. The entire electoral process from beginning to end was marred by abuses, including a profound lack of a level playing field especially with respect to media access, an intimidating electoral environment, arbitrary candidate de-registration, breaches in pre-electoral early voting, and serious misconduct in balloting and the count. Not one opposition candidate officially won a seat to the 110-member National Assembly, the Belarusian parliament. The handful of independent-minded parliamentarians from the previous National Assembly will be replaced by Lukashenka loyalists, eliminating even that modest reformist element. While the official results of the referendum asserted that the measure had passed with 77 percent of the vote, an independent Gallup Organization exit poll indicated only 48.4 percent support. The OSCE International Election Observation Mission (IEOM) consisted of nearly 300 election observers. Helsinki Commission staff members were part of the OSCE Parliamentary Assembly component of the OSCE effort, observing balloting in the Minsk , Mogilev and Gomel oblasts. The IEOM concluded that Belarus ’ elections fell significantly short of OSCE commitments for democratic elections and that “the Belarusian authorities failed to ensure the fundamental conditions necessary for the will of the people to serve as a basis for authority of government.” The United States , with other Western nations and institutions concurring, expressed dismay over the systematic, egregious violations of numerous OSCE commitments in the lead up to and during the elections. On October 21, Ambassador of the U.S. Mission to the OSCE Stephan M. Minikes stated: “In light of the damning reports from the OSCE IEOM, of the OSCE Representative on Freedom of the Media, and of independent domestic and international NGOs about the intimidating electoral environment, the deficient and abusively implemented legal electoral framework and misconduct during actual voting and vote counting, the Government of Belarus has called into question its own democratic authority and legitimacy and that of its constitution.” The international media slammed the referendum and elections. On October 19, The New York Times called the elections a “sham” while The Washington Post titled its lead editorial “The Rape of Belarus.” Not surprisingly, only the contingent of observers from the “Commonwealth of Independent States,” a dubious group yet to issue a critical assessment of an election in a member state, gave its ringing endorsement of the elections. Commission observers concluded that the regime's domination over the media and constant assault on the independent press together with the authorities’ near-total control of all facets of the electoral apparatus resulted in a referendum and parliamentary election that were neither free nor fair. There was a stark absence of any kind of a level playing field and a profound lack of transparency in the electoral process. The Government of Belarus has repeatedly failed to address the four OSCE criteria for free and fair elections in Belarus established more than four years ago. It was evident throughout the electoral period that a chilling climate of fear remains in Belarus . Commission staff were particularly struck by the extent of the domination and shameless bias of state-run news media, especially Belarusian Television One which, in its post-referendum coverage, evoked pre-glasnost, Soviet-era television in addition to other forms of agitation and propaganda. The struggling independent media has faced escalating pressures. The courage, determination and resourcefulness of the independent media, as well as that of NGOs and the democratic opposition was impressive. Each persists in providing alternative viewpoints and perspectives in the face of overwhelming odds. Lukashenka’s crackdown has swept other independent institutions, such as schools and independent trade unions. Last month, for instance, a U.N. International Labor Organization (ILO) Commission of Inquiry report found evidence of severe workers’ rights violations in Belarus . It did not take long for Lukashenka’s true colors to re-emerge following his referendum “victory.” Commission staff observed approximately 2,000 people peacefully protesting against the falsified referendum results the day after the October 17 vote. Security forces showed restraint, perhaps because of the presence of international media and observers. However, during an October 19 demonstration, security forces viciously beat United Civic Party leader Anatoly Lebedka, causing him to be hospitalized. Some 40 individuals were beaten, arrested and detained for peacefully protesting the “official results” of the elections and referendum. Both Commission Chairman Rep. Christopher H. Smith (R-NJ) and Co-Chairman Senator Ben Nighthorse Campbell (R-CO), who met with Lebedka on several occasions in Washington and in Europe during meetings of the OSCE Parliamentary Assembly, condemned the violence. “The violence perpetrated by the authorities only serves to further expose the nature of Lukashenka’s dictatorial regime,” said Chairman Smith. “One would think that with his referendum ‘victory,’ Lukashenka would have enough confidence to allow peaceful expression of views without resorting to brutal force,” added Co-Chairman Campbell. The farcical October 17 elections underscore the importance of the Belarus Democracy Act, with its strong commitment to democracy, human rights and rule of law in Belarus. The Belarus Democracy Act Despite the widespread belief both within and outside Belarus that the passage of the Belarus Democracy Act was linked with the referendum, it was actually the result of the exigencies of the congressional calendar, as the 108th Congress moved toward adjournment. The Belarus Democracy Act (BDA), sponsored by Chairman Smith, unanimously passed the House of Representatives on October 4 and the United States Senate on October 6. The original measure was introduced in the Senate by Co-Chairman Campbell. Passage of the BDA provoked harsh reaction from Minsk. Lukashenka derided Members of Congress as “dumb asses” for passing the bill. The Belarusian Foreign Ministry resorted to worn-out accusations of “interference in internal affairs.” On October 21, President George W. Bush signed the BDA into law stating, “At a time when freedom is advancing around the world, Aleksandr Lukashenka and his government are turning Belarus into a regime of repression in the heart of Europe, its government isolated from its neighbors and its people isolated from each other.” “The Belarus Democracy Act will help us support those within Belarus who are working toward democracy,” Bush added. “We welcome this legislation as a means to bolster friends of freedom and to nurture the growth of democratic values, habits, and institutions within Belarus. The fate of Belarus will rest not with a dictator, but with the students, trade unionists, civic and religious leaders, journalists, and all citizens of Belarus claiming freedom for their nation.” The BDA promotes democratic development, human rights and the rule of law in Belarus, and encourages the consolidation and strengthening of Belarus’ sovereignty and independence. The bill authorizes assistance for democracy-building activities such as support for non-governmental organizations, independent media – including radio broadcasting into Belarus – and international exchanges. The BDA also encourages free and fair parliamentary elections; supports imposition of sanctions on Lukashenka’s regime; and requires reports from the president concerning the sale or delivery of weapons or weapons-related technologies from Belarus to rogue states and reports on Lukashenka’s personal wealth and assets as well as those of other senior Belarusian leaders. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.
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Bulgarian Foreign Minister Passy Testifies before Commission
Thursday, April 08, 2004By Orest Deychakiwsky CSCE Staff Advisor The United States Helsinki Commission convened its first hearing of 2004, featuring the testimony of Bulgarian Foreign Minister Solomon Passy early in his tenure in his capacity as Chairman-in-Office of the Organization for Security and Cooperation in Europe. Accompanying Minister Passy were Ambassador Ivan Naydenov, Director of the OSCE section of the Bulgarian Foreign Ministry and personal representative of the Chairman-in-Office; Elena Poptodorova, Ambassador of the Republic of Bulgaria to the United States; and Richard Murphy, Spokesman for the OSCE. Minister Passy, appearing before the Commission on February 26, laid out his goals of implementing OSCE commitments in the war on terrorism, focusing on the human dimension and managing regional conflicts. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) opened the hearing by extending his heartfelt condolences on behalf of Members of the Commission to Minister Passy regarding the tragic death of his colleague and personal friend, President Boris Traikovsky of Macedonia. Passy began his testimony with the question of the relevance and the current role of the OSCE considering the end of the Cold War and the existence of organizations such as NATO, the European Union, and the NATO-Russia Council. The Bulgarian Foreign Minister noted the uniqueness of the OSCE as the only organization providing a comprehensive security model founded on the values of respect for human rights and promotion of democratic institutions. Though less than three decades old, the OSCE has proven its ability to tackle the challenges of conflicts in Eastern Europe, the Balkans, and Central Asia. Notable are the OSCE's efforts to end the civil war in Tajikistan and the secessionist armed conflict in Transdniestria, and rebuilding the war-torn societies in the Balkans. With 18 field missions, the OSCE remains, according to Passy, “the most comprehensive security forum.” Minister Passy stressed that the war on terrorism is one of his top priorities. He focused on issues such as airport security, policing, and secure travel documents as potentially helpful tools in thwarting the spread of terrorism. In order to achieve this goal, the OSCE organized an inter-governmental conference where practitioners and security experts shared their ideas on improving the safety and security of aircraft. The OSCE also launched an Internet-based network, designed to facilitate cooperation between security experts and help match resources with needs. The Chairman-in-Office cited policing as “the perfect OSCE issue, bringing together security and human rights.” He commended American police officers for providing outstanding service in OSCE police reform efforts and their contribution to the establishment of an “accountable police force that is trusted by the population and does not have to resort to brutality or torture to solve crimes.” Minister Passy reaffirmed his commitment to continue the battle against anti-Semitism, racism, and xenophobia, informing the Commission of three important events that will help address these problems which continue to plague many participating States. In April, a conference on anti-Semitism will take place in Berlin, followed by a September conference on tolerance and xenophobia in Brussels. A June meeting in Paris will address the relationship between xenophobic and anti-Semitic propaganda on the Internet and hate crimes. Chairman Smith, strongly supported by Ranking House Commissioner Rep. Benjamin L. Cardin (D-MD), urged Passy to follow up on the Berlin conference with robust action. "'Never again' has to mean 'never again' in all of its vicious manifestations," Chairman Smith proclaimed. On the issue of trafficking in human beings, the Bulgarian Chairman-in-Office focused on the problem of countries of destination. “A firm and persistent police clampdown on the work of traffickers in the Western cities would send a clear message to these criminal gangs that their evil work will not be tolerated,” said Passy. Chairman Smith echoed this sentiment by citing the estimated 18,000-20,000 victims trafficked annually into the United States. Passy also emphasized that the OSCE must undertake a special commitment of prosecuting traffickers -- and anyone else associated with this evil trade -- while treating victims with dignity and compassion. Chairman Smith asked the Bulgarian Foreign Minister to devote special attention to the March parliamentary elections in Georgia, underscoring the importance that these elections be carried out in a free and open manner. Passy commended the OSCE mission in Georgia for doing a remarkable job in monitoring the border with Chechnya and assisting in the destruction of the Soviet stockpiles of ammunition. Smith similarly urged that the OSCE conduct close observation of the upcoming elections in Belarus and Ukraine. He insisted that an open and free media must be allowed to cover the election process and provide access to the voices of the opposition candidates; otherwise, the results of the elections will be predetermined. In response, Minister Passy stressed that the involvement of the OSCE in the election process is indispensable and mentioned his upcoming trip to Ukraine, where he planned to meet with both government officials and the opposition. With regard to Belarus, Chairman Passy stated he “shared the view that the necessary conditions for free elections [need to] be created” and noted that the Office for Democratic Institutions and Human Rights (ODIHR) plans to monitor parliamentary elections expected this Fall. The Chairman-in-Office also noted the OSCE’s determination to end the ongoing conflict between Moldova and the secessionist region of Transdniestria. Mediators held two meetings in Sofia and Belgrade during which the conflicting parties resumed negotiations. Commissioner Cardin posed a question on the possible re-engagement of OSCE activities in Chechnya. Minister Passy stated that during his recent meeting with then-Foreign Minister Ivanov, Russia was the first to address this issue and even suggested a list of concrete projects, the scope and details of which are still being discussed. Passy promised to keep the Commission informed of any related developments. The Bulgarian CIO said he also plans to promote the issue of education throughout the remainder of his year in office. Although it is an issue that has not received much attention in the OSCE, Passy said that “education and training are vital for empowering individuals and groups with the capacity to resolve conflict in a peaceful manner.” The first Supplementary Human Dimension Meeting was devoted to this subject. The hearing concluded with Minister Passy’s personal vision for the future of the OSCE. He called for a stronger focus on OSCE activities in the Caucasus and Central Asia. Additionally, he suggested that the OSCE should reach out to countries beyond its scope, such as Afghanistan and Iraq, which could benefit from the comprehensive security model offered by the OSCE. An unofficial transcript of the hearing is available through the Helsinki Commission’s Internet site at http://www.csce.gov. The United States Helsinki Commission, an independent agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission created in 1976, is composed of nine Senators, nine Representatives, and one official from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Irina Smirnov contributed to this article.
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OSCE Holds First Annual Security Review Conference
Wednesday, August 06, 2003By Bob Hand CSCE Staff Advisor The Organization for Security and Cooperation in Europe organized a two-day Annual Security Review Conference (ASRC) on June 25 and 26, 2003, in Vienna, Austria. The U.S. proposal to hold this conference was approved in December 2002 by the OSCE's Foreign Ministers' meeting in Porto, Portugal. The conference's goal was to provide increased emphasis and profile to hard security questions from agreements in conventional arms control and Confidence- and Security-Building Measures (CSBMs) to police-related activities and combating terrorism. In this sense, the ASRC differs from OSCE's Annual Implementation Assessment Meeting held under the auspices of the OSCE Forum for Security Cooperation, which more narrowly focuses on CSBM implementation. The meeting consisted of opening and closing plenary sessions, and four working groups devoted to a) preventing and combating terrorism; b) comprehensive security; c) security risks and challenges across the OSCE region; and d) conflict prevention and crisis management. U.S. Priorities for the Implementation Review Leading up to the conference, Helsinki Commission Co-Chairs Christopher H. Smith (R-NJ) and Ben Nighthorse Campbell (R-CO) urged the U.S. Department of State to conduct a thorough implementation review which focused on the need for the participating States to comply with their security-related OSCE commitments. Russian military operations in Chechnya and the Caucasus, democratic political control over the military, security forces and intelligence services, so-called "frozen conflicts" like those in Moldova and the Caucasus, combating terrorism, money laundering and non-proliferation were subjects of particular concern noted by the co-chairs. Conference keynote speaker Adam Rotfeld, Polish Deputy Foreign Minister, stressed that the biggest threat to the OSCE was the support by criminal and dictatorial regimes for terrorists. The organization needed to give particular focus on the Caucasus and Central Asian countries in an effort to meet this threat by building institutions and establishing the rule of law. It was also suggested that OSCE look beyond its traditional areas and include the partners countries in its activities, wherever possible. Greece, speaking for the EU, noted the OSCE's value to provide early warning, post-conflict rehabilitation, and conflict management. The EU urged that very high priority be given to human trafficking, termed "the piracy of today." Germany stressed the need to strengthen the police and border management in troubled regions. Ambassador Cofer Black, Secretary of State Colin L. Powell's Senior Advisor for Counter Terrorism, urged the OSCE to focus on concrete and achievable steps to fight the financing of terrorism and press all 55 participating States to become parties to the 12 UN Conventions on Terrorism. Black recommended that the OSCE be used to strengthen travel and document security with a goal of including bio-metric data (based on the physical composure of an individual's hand or retina) in the travel documents of individuals from all participating States and sharing information on lost and stolen passports. Several delegations cited the need to do more to restrict illicit weapons trade and cited the Bishkek and Bucharest documents as blueprints for practical action. The need to limit the availability of man portable air defense systems (MANPADS) was cited by several delegations. The United States noted that, in preparing for the December OSCE Maastricht Ministerial, particular focus should be given to the priorities cited in the 2003 G-8 Action Plan which includes steps to control proliferation of MANPADS, increased security of sea transport and more effective travel documentation. These priorities were stressed by the new OSCE Special Representative for Counter Terrorism, Brian Wu, who suggested that the area of biological weaponry might need particular attention and asked if more emphasis might be placed on non-banking sources when looking into the financing of terrorism. In the working session on conflict prevention and crisis management, delegations acknowledged OSCE's lack of a "big stick" and the need to work closely with organizations and governments who had such instruments. Nevertheless, the OSCE has a good "tool box" for a variety of actions and is using it for actions such as the destruction of arms stockpiles in Georgia, police training in Kosovo, and facilitating the withdrawal of Russian troops and arms from Moldova. The Representative on Freedom of the Media noted the importance of monitoring hate speech, creating public awareness of arms trafficking and protecting journalists in conflict areas. Most delegations agreed that the OSCE had neither the mandate nor the resources to be a peacekeeping organization, but Russia emphasized it did not share this view and recommended that possibilities for joint action be discussed by OSCE with NATO and the EU. Macedonia hailed the success of the OSCE Mission in helping to manage its internal conflict. The Code of Conduct on Politico-Military Aspects of Security and the work of the Forum on Security Cooperation on small arms and light weapons are positively assessed as a contribution to the larger effort of arms control and conflict risk reduction in Europe. Limits on how much further some of these efforts could be developed, however, were questioned, and there was resistance to actual revision of some of the agreements already reached. In the past year, the OSCE has begun to look at new security risks and challenges across the region. Organized crime, including arms trafficking, was frequently highlighted as something which needed additional cooperative efforts to combat. Among the most important developments are OSCE efforts to assist countries in Central Asia and the Caucasus to improve their police services, drawing on experience gained in southeastern Europe. Throughout the meeting there was a pronounced tendency to be long on generalities and short on specifics. For example, it was noted that only 38 percent of the 55 participating States have become parties to all 12 United Nations conventions and protocols on combating terrorism, a clear OSCE commitment, yet the countries which have not were never named nor asked to explain their implementation records. Indeed, one OSCE insider concluded that the discussion on implementation of commitments to combat terrorism was not much advanced from the discussion which surrounded the earlier negotiation of those commitments. An Ambassador went as far as to remark during a plenary session that some previous statements were little more than "preemptive self-justification." Critics of the ASRC, however, should keep in mind this was the first review conference of its kind. Certainly the implementation review meetings for the human and economic dimensions of the OSCE have had to evolve and adapt over the years. For the security dimension though, calling participating States to account for instances of non-compliance has not similarly developed. As U.S. Ambassador to the OSCE Stephan M. Minikes asserted in his closing statement, "This first Annual Security Review Conference has accomplished what we realistically expected it would. We must recognize that this is the first time that this conference has been held. There will be matters to work out over time. But the fact that we have made a start is very significant and together with our partners from other European and Euro-Atlantic security organizations there is much to do to follow up." Looking Ahead There are several ways in which the ASRC could be improved next year. The Annual Security Review Conference could go beyond its sole focus on OSCE tools and issues and devote specific time to actions taken by the participating States themselves. The benefit of such a review would justify the conference being lengthened by at least one day. As Under Secretary of State John R. Bolton testified at a Helsinki Commission hearing in May, "Heretofore, we have not seen the OSCE as being as much a possible vehicle to help get the kind of [non-proliferation] compliance we want. And that's why I think it's worth exploring." Perhaps more critical to the dialogue would be the opening of the ASRC to a wider audience. The OSCE's other review meetings are already open, not just to observation by those outside government but to participation by NGOs as well. In a letter to the State Department, Helsinki Commission Co-Chairmen Rep. Smith and Senator Campbell urged greater openness and transparency. They were told, however, that for the first ASRC non-inclusion of non-governmental organizations was intended to promote greater dialogue and a more critical review. Only national delegations, OSCE institutions and other European-based international organizations were invited to participate in the inaugural conference. The modalities for the conference did state that "security-related scientific institutes or 'think tanks' of international standing would be considered to be invited as keynote speakers or otherwise be represented as members of national delegations." However, the effort to do so seemed fairly limited and the "greater dialogue" and "more critical review" was not fully realized. The OSCE could do much more to draw on the wealth of expertise among security-related institutions in the United States and elsewhere. If some view the kind of NGO participation seen at other implementation meetings as not conducive to a productive meeting on security issues, at least greater use of public members on national delegations and greater use of expert analysis and insight could be pursued. Short of participation, allowing public observation would permit others a chance to see more clearly how the OSCE and its participating States address security in Europe, and opportunities to engage one-on-one with government officials in the corridors and side events. The State Department has indicated a willingness to look at possible NGO inclusion for future ASRC meetings. Finally, the development of the ASRC should be considered in the broader context of maintaining the balance among the dimensions of the OSCE which has been one of its traditional strengths. Giving balancing to the OSCE's activities was the primary justification for the ASRC. But the level of activity ultimately needs to be based on the need to promote balanced progress in the actual implementation of OSCE commitments. One very positive aspect of the review conference was the deferral of other OSCE activity in Vienna during the meeting which permitted delegates to focus their attention exclusively toward the ASRC. In the past, this has not been the case for human dimension and economic review meetings, which have had to compete with a plethora of meetings, diminishing the focus and participation of some delegations. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.
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Turkey's Post-Election Future Focus of Helsinki Commission Briefing
Tuesday, January 07, 2003By Chadwick R. Gore CSCE Staff Advisor The United States Helsinki Commission held a briefing November 14 which examined Turkey’s future after the drastic shift in Turkey’s Grand National Assembly following the November 3rd elections. The Justice and Development Party (AKP) received just 34 percent of the popular vote, but gained two-thirds of the seats in the 550-seat Assembly. Forty-five percent of Turkey’s population voted for political parties that did not meet the 10 percent requirement for representation in the new parliament. The political flux has been likened to an earthquake as 88 percent of the newly elected officials are new to parliament, and the roots of the AKP and its leadership can be traced to former, but now illegal, Islamist parties. These factors have raised concerns in and outside of Turkey about the country’s political, democratic, economic and social future. Abdullah Akyüz, President of the Turkish Industrialist and Businessmen’s Association (TÜSÝAD), emphasized the significance of timing and outcome of the recent election. Turkey’s election of a party with a Muslim leader, the fragility of Turkey-EU relations, Turkey-Cyprus relations and the situation in Iraq all create apprehension about Turkey’s future. The election, which resulted in single party leadership, came at a very complex and crucial time for Turkey. While accession into the European Union (EU) is felt by many to be paramount to Turkish stability, Akyüz felt Turkey must address these issues immediately to make itself more attractive to the EU. Mr. Akyüz and Jonathan Sugden, Turkey Researcher for Human Rights Watch (HRW), stressed expressed the importance of EU accession for the economic and democratic development of Turkey. Sugden stated the EU Copenhagen summit in December is “a make or break date” for Turkey. According to Sugden, two main objectives need to be completed to give Turkey a better chance for negotiations with the EU: (1) The government needs to enact the new draft reform law on torture, reducing and eradicating torture from the Turkish law enforcement system; and, (2) Four imprisoned Kurdish parliamentarians [Layla Zana, Hatip Dicle, Orhan Dogan, and Selim Sadak] need to be released or at least given the chance to appeal their cases with adequate legal counsel. Once passed, the legislation to provide legal counsel to detainees immediately upon their detention would place Turkey ahead of several European nations, including France, regarding the right for the accused to have prompt access to counsel. Sanar Yurdatapan, a musician and freedom of expression activist, commented that “Turkey must become a model of democracy to its neighbors by displacing the correlation of Islam and terrorism and diminish the influence of the military in domestic affairs.” The AKP must prove it is committed to democracy and development and not a religious agenda, according to Yurdatapan. Recep Tayyip Erdogan, leader of AKP, has shown signs that his party will attempt to live up to that commitment. Tayyip recently stated that accession to the EU is his top priority. Yurdatapan was most concerned with Turkish citizens gaining domestic freedoms, especially freedom of expression. Other concerns were raised about possible military intervention in domestic affairs. Historically, when the military feels the government is moving away from secularism toward a religious government, the military has stepped in and changed the government. This influence and subtle control of the military from behind the scenes is something that must be overcome if Turkey is to continue to democratize. Another important issue discussed at the briefing was the developing situation between the US and Iraq. Both Akyüz and Yurdatapan voiced concern about the adverse effects of war on Turkey. They were quick to point out that the Gulf War is still very fresh in Turkey’s memory. The Gulf War burdened Turkey with economic downturn and recession, as well as political and humanitarian problems with the Kurds. The Turkish people are very concerned that a new war would have similar effects, severely damaging Turkey’s aspiration for EU accession. If indeed there is a war, Turkey hopes to receive substantial compensation from the United States for economic losses. No one said what exactly Turkey will look like in the next four years, but progress and stability during that period are real possibilities. Yet, the concerns are strong and legitimate due to the several factors on which Turkey’s future depends. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. Helsinki Commission intern Shadrach Ludeman contributed to this article.
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Commission Staff Observes Ukrainian Elections
Tuesday, April 23, 2002By Orest Deychakiwsky, CSCE Staff Advisor United States Helsinki Commission staff observed the March 31, 2002 parliamentary elections in Ukraine as part of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly contingent of the OSCE-led International Election Observation Mission (IEOM). Half of the deputies to the 450-member parliament were elected from party lists and the other half from single-mandate districts. Six parties passed the 4 percent threshold necessary to be seated in the party list vote, with reformist former Prime Minister Viktor Yushchenko’s Our Ukraine bloc winning the most votes. In the single-mandate district voting, the pro-presidential For United Ukraine bloc obtained the largest number of seats. Both the OSCE and the U.S. State Department concluded that the March 31 elections indicated progress over the 1998 elections, but “important flaws persist.” In its April 1 press conference in Kyiv, the IEOM declined to prepare a final analysis before post-election procedures are concluded, and promised to return to Ukraine within a month to follow up, after watching how election authorities and the judiciary perform while tabulating and publishing results and adjudicating disputes. Positive elements cited included a new Election Law that took into account OSCE/ODIHR recommendations from previous elections; improvements in the mechanism to address election disputes, with clearer complaint and appeals procedures; multi-party commissions; the engagement of civil society in the electoral process; and greater access by candidates and parties to the media through TV debates, free air time and paid advertising. On the negative side, media coverage was biased and state-funded television gave disproportionate coverage to pro-presidential candidates. Other problem areas included abuses of state resources in the election campaign, interference by local authorities, and a campaign sullied by the murders of two candidates, and other isolated instances of violence, including one just a few days before the elections. Compared to previous elections, the level of pressure by government officials and workers to campaign in support of the main pro-presidential party, including direct pressure on individuals to vote for specific candidates, had significantly increased. The abuse of state resources created an uneven playing field and the main beneficiary of such violations was the pro-presidential bloc For a United Ukraine. Despite these advantages, pro-presidential parties did not do all that well in the party-list vote, and several did not even surpass the four percent threshold required for inclusion in the Verkhovna Rada (parliament). Furthermore, the two opposition parties garnered more votes than expected, securing for themselves seats in the new parliament. According to the IEOM, there were also shortcomings in the implementation of the legal framework, including uneven enforcement of provisions on violations of electoral rights, the lack of deadlines, and clear definitions regarding candidate de-registration and campaigning. According to the OSCE experts, these weaknesses derived from the inability of the Rada and the President to agree on amendments to the Administrative Code, so, in effect some of the positive provisions of the Election Law could not be enforced. Another problem was the lack of reliable voter lists – outdated information, including voters who had moved to other districts, left the country, or are deceased – and the widespread practice of issuing absentee ballots to voters unrelated to their place of residence. Voter lists may be amended up until election day; however, voters cannot be included in the registers of their place of residence on election day without a judicial decision. Voters were added to registers and allowed to vote – without the required court order– in about one third of polling stations visited by international observers. Voting day During the polling on voting day, the most serious problems were violations of the secrecy of the vote and voters added to registers in apparent contravention of the law. OSCE staff observed the elections in Lviv oblast in western Ukraine. Most polling stations visited by Commission staff were run efficiently, in a calm atmosphere, and commission members seemed hard-working and dedicated. Furthermore, there were numerous party, candidate and domestic observers. In a minority of polling stations staff witnessed incompetence, chaos, overcrowding, inadequate facilities – usually premises that were much too small and had an inadequate number of voting booths. Overcrowding was responsible for the violation most frequently observed – voting outside of booths – but there appeared to be no element of intimidation here. Instead, voters simply did not feel like waiting in long lines. According to the non-partisan domestic observer group Committee of Voters of Ukraine (CVU), 15 % of voters were unable to vote due to overcrowding or poor facilities. Also, CVU estimated that one third of precincts were not able to conduct the elections in an organized manner. Despite the uneven playing field and violations with respect to the vote tabulations in a number of single-mandate constituencies, generally, the elections reflected the will of the voters. The actual results did not differ significantly from the results of several exit polls. Results and What Next The results indicate a country divided into three broad political orientations. Our Ukraine, the center-right, pro-reform, pro-Western coalition headed by Yushchenko, took the most seats in the party-list vote. The Communists garnered 20 percent of the party-list vote, clearly indicating their continued downward trend with each passing election. For the first time since Ukraine became independent in 1991, they will not constitute the largest political grouping in the Rada. In third place in the party-list vote was the pro-presidential For a United Ukraine, which had benefitted the most from the authorities’ abuses of state resources in the campaign. This bloc, however, had a strong showing in the single-mandate district voting, and will almost certainly end up with the largest number of overall deputies, especially as their numbers will be expanded with those who ran as “independents.” No one political grouping will have a viable majority in parliament; hence, will need to make concessions with other groupings to act. The pro-presidential For a United Ukraine may be compelled to team up with Yushchenko’s Our Ukraine to form a government and pass pro-reform legislative initiatives. With this kind of political configuration, shifting alliances may be more likely than any kind of solid coalition. As a result, cautious moves towards economic and political reform rather than sweeping changes are more likely. Nevertheless, judging by the results, the Ukrainian people are increasingly endorsing a pro-European, pro-market, pro-democratic orientation.
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Missed Opportunity in Belarus
Friday, September 14, 2001By Orest S. Deychakiwsky, Staff Advisor and Ron McNamara, Chief of Staff Commission staff observed the September 9 presidential election in Belarus, in which Belarusian strongman Aleksandr Lukashenka prevailed in a fundamentally unfair election marred by harassment of the opposition and independent media. Unprecedented obstacles erected by the authorities impeded normal long-term observation of the election while Lukashenka lashed out with vitriolic threats against OSCE mission head Ambassador Hans-Georg Wieck and U.S. Ambassador Mike Kozak in the closing days of the campaign. Hopes that the election would bring an end to the country’s self-imposed isolation were dashed by wide-scale rights violations by the regime in the weeks leading up to election day and serious irregularities in the balloting. The International Limited Election Observation Mission, which consisted of the OSCE’s Office of Democratic Institutions and Human Rights (ODIHR) and the Parliamentary Troika composed of the OSCE Parliamentary Assembly (OSCE/PA), the Parliamentary Assembly of the Council of Europe and the European Parliament, concluded that there were fundamental flaws in the election process and that the elections failed to meet OSCE standards for democratic elections. Commission staff participated in the OSCE/PA delegation, on election day observing the vote in Miensk and in towns and villages in the Miensk,Vitsyebsk and Mahilyow regions, including in the village in which Lukashenka was born. The problematic pre-election campaign period determined the election’s outcome. The election took place against a backdrop of recent credible revelations of involvement by close associates of Lukashenka in the disappearances and presumed murders of leading opposition members. Criteria established by the OSCE in 2000 as benchmarks for democratic elections – transparency of the elections process, access of opponents to the state-run media, and a climate free of fear – were not met. There was a profound lack of a level playing field for the candidates. The weeks leading up to the presidential contest were characterized by harassment of the opposition, raids on non-governmental organizations and independent newspapers, with the confiscation of campaign materials, newspapers, printing presses and computer equipment. The dominant state-owned media outlets were overwhelmingly biased in favor of Lukashenka. The Belarusian authorities did everything they could to thwart the opposition, including ruling by decree, failing to guarantee the independence of the election administration, and allowing abuses in “early voting.” The authorities’ treatment of the OSCE observation mission, including delays in issuing an invitation which forced the mission to limit its observation to a mere three weeks before the election and denials of visas, was described by one OSCE election official as “unprecedented” -- worse than in any other of the more than two dozen countries in which the OSCE has observed elections. The regime maintained firm control over virtually every aspect of the election process, from the makeup of the election commissions with their visible lack of representatives of the opposition, to keeping independent observers from scrutinizing the vote tabulation. One of the few positive outcomes of the Belarusian presidential race was the development of the democratic opposition and civil society, despite the intense pressures it faced from the Lukashenka regime. Regrettably, Lukashenka and his inner circle squandered the opportunity presented by the election to restore some degree of normalcy to relations between Belarus and most OSCE participating States, including the United States. Desperate for a modicum of international recognition, members of Belarus’ “National Assembly” were out in force making overtures to OSCE Parliamentary Assembly observers in hopes of ending their isolation following last year’s flawed parliamentary elections.
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U.S. Statements on the Human Dimension, 1996 OSCE Vienna Review Conference and Lisbon Summit
Friday, November 01, 1996This compendium of statements illustrates the U.S. perspective that one of the key and distinguishing features of the OSCE is the interlocking framework of critical, politically binding commitments which provide a common set of principles to which all participating States can aspire. The OSCE draws its real strength and practical flexibility from participating states' commitments to the values of the original Helsinki Act, rather than from a legalized, treaty-based institutional structure. A fundamental strength of the OSCE is the review process, which provides a regular opportunity to assess a participating states' efforts to further the realization of the Helsinki Accords within its own borders, and in its relations with other OSCE states. The OSCE is increasingly a pillar of European security. By facilitating honest implementation review the OSCE can strengthen security links based on common values.
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Armenia's Parliamentary Election and Constitutional Referendum
Wednesday, July 05, 1995This report is based on a Helsinki Commission staff delegation trip to Armenia from June 29 to July 6, 1995. Commission staff spoke with Armenian government officials--including President Levon Ter-Petrossyan, Speaker of Parliament Babgen Araktsyan, Foreign Minister Vahan Papazyan, and Senior Advisor to the President, Jirair Libaridian--and interviewed representatives of Armenian political parties, journalists, and candidates, as well as spokespersons of American non-governmental organizations in Yerevan. The Helsinki Commission would like to thank Ambassador Harry Gilmore and the staff of U.S. Embassy Yerevan, and the OSCE Parliamentary Assembly observer delegation, led by Danish Parliamentarian Annette Just. Armenia had, in the most difficult economic circumtances, impressively managed to combine stability, political pluralism and economic reform. But apprehensions grew about realizing the high hopes this success had engendered. Apart from providing humanitarian and technical assistance, the United States was in a good position, through continued close interest, involvement and suasion, to help consolidate the development of democracy in Armenia.
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Prosecuting War Crimes in the Former Yugoslavia: an Update
Thursday, June 01, 1995This memorandum is part of a continuing series of reports prepared by the staff of the Helsinki Commission on the conflict in the former Yugoslavia. In the summer of 1991, Members of Congress and representatives of non-governmental organizations began to call for the establishment of a war crimes tribunal that would hold those responsible for war crimes in the former Yugoslavia personally and individually accountable for their actions. As atrocities mounted over that summer and information about concentration camps became public, these calls began to reverberate at on-going meetings of the Conference on Security and Cooperation in Europe (CSCE) then being held in Prague, Vienna and Helsinki.
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Russia's Parliamentary Election and Constitutional Referendum
Wednesday, December 01, 1993This report is based on a Helsinki Commission staff delegation to Russia to observe the December 12, 1993 parliamentary election and constitutional referendum. Because of the importance of the event, and because charges had been leveled of improprieties and unfair access to the media, the Commission sent five staff members to Russia to observe the process for a period of more than two weeks. Michael Ochs and Orest Deychak went to Russia two weeks before the voting to monitor the pre-election campaign. The Commission's Senior Advisor, David Evans, and staff members John Finerty and Heather Hurlburt, arrived subsequently and remained through December 12, when they monitored balloting in various cities and regions. Despite a number of problems and irregularities, both during the campaign and the voting, the Helsinki Commission believes that the Russian voters were able to express their political will freely and fairly. The Russians have made genuine progress in bringing their electoral procedures into conformity with international standards, and the election itself represents a significant step in the ongoing process of democratization in Russia.
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The State of Human Rights in Turkey: An Update
Friday, July 01, 1988Since September 12, 1980, many governments, international bodies and nongovernmental organizations have taken an extremely active interest in the human rights situation in Turkey. That date marked the third time in as many decades that the Turkish military had taken power, this time in the wake of governmental paralysis, political polarization, and an uncontrolled wave of violence and terrorism which even civilian-imposed martial law could not stem. Still in power in 1982, the ruling generals had made it clear that power would not be returned to civilian hands until, in their view, the causes of the previous unrest had been eliminated. Political activities remained restricted, and large numbers of Turkish citizens were in prison awaiting trial on a variety of politically related charges. Allegations of serious human rights abuses were widespread. The Commission had been urged by nongovernmental organizations, by Members of Congress, and by parliamentarians in other NATO countries, to investigate the charges of abuse. A staff delegation visited Turkey from August 22-29, 1982, and its report represented one of the first open expressions of concern about the Turkish situation by official representatives of the United States. Since the October 1982 report, the Commission, Members of Congress, various international bodies, and a variety of private organizations have followed events there with great interest. In the past six years, certain sanctions have been applied by the international community, and have been rescinded as progress was made in im proving the human rights situation. In light of its ongoing interest m Turkey, and the concern which private organizations continue to express, the Commission felt it appropriate to visit Turkey again and to assess the situation once more. The Commission believes that, since the previous staff report, Turkey has made impressive strides toward a full restoration of human rights and the democratic process. The past six years have seen a renewal of the national commitment to achieving democratic ideals for all Turkish citizens and patterns of tolerance have emerged. They are being strengthened by institutional reform, a citizenry largely committed to the democratic process, and by the activities of the press and various private organizations. The Commission also believes that certain human rights problems, which often predate the 1980 military takeover, persist in Turkey. The report describes them and certain measures which are being undertaken in order to deal with them. This report by the staff, describing developments since the 1982 report and assessing the current state of affairs, is a product of the Commission's continuing interest in Turkey's progress toward full democratization. The hard-won national independence of 1923 en compassed a vision of the future which incorporated a proud historical heritage in a Western framework. The profound changes that followed required great national will and commitment. It is the Commission's hope that the momentum of Turkish human rights improvements will be sustained. Turkey is a geographical and cultural bridge between Europe and the Middle East, and the Turkish experience may serve as a lesson for both worlds.
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Chairmanship of the Commission on Security and Cooperation in Europe
Monday, February 06, 1984This hearing was convened to discuss H.R. 4504, a bill introduced by the committee chairman, the Honorable Dante Fascell, of Florida. This legislation provided for several changes in the administration of the Commission on Security and Cooperation in Europe. First, it stipulated that the Chairman of the Commission could not also be the chairman of another sitting committee. Second, it provided for rotation between the House and the Senate for chairman of the Commission to ensure that it meets the needs of both houses of Congress. Third, it established the position of co-chairman, which had previously been an informal arrangement. Representatives of several organizations, including the National Conference of Soveit Jewry, the Helsinki Watch, and the Joint Baltic American National Committee, spoke in favor of the legislation. The bill was ultimately passed in a vote by the House Committee on Foreign Affairs' Subcommittee on International Operations.
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Helsinki Commission Mourns Death of Senator Bob Dole
WASHINGTON—Following the death of Senator Bob Dole, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement:
“Senator Dole, who served as the co-chairman of the Helsinki Commission from 1981 to 1985, will be remembered for his efforts to elevate the role of the Senate in the work of the Helsinki Commission and for his support for peace, security, democracy, and human rights for all.
“As a participant in early meetings of the Helsinki diplomatic process, he helped develop a tradition of frank and direct exchanges of views between participating countries on human rights concerns, particularly the incarceration of Helsinki human right monitors in the Soviet Union and crackdowns on dissent in Eastern Europe. In the early 1990s, he worked closely with commission leadership advocating for a decisive international response, led by the United States, to the aggression and ethnic cleansing taking place in Bosnia and Herzegovina. After leaving the Senate, Senator Dole traveled to Kosovo in 1998 to document atrocities occurring there and subsequently testified about his findings at a Helsinki Commission hearing.
“We will always be grateful for Senator Dole’s enormous contribution to the Helsinki Commission and to its mission.”