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publication
Reports of the Helsinki Accords Monitors in the Soviet Union
Wednesday, November 01, 1978This volume is the third compilation of selected documents emerging from the Helsinki accord monitoring groups in the Soviet Union published by the Commission on Security and Cooperation in Europe. In a sampling of reports written between late 1976 and the summer of 1978, it is intended, as in the previous compilations, to illustrate the broad range of human rights concerns of the various monitoring groups whose common goal is the furthering of Final Act implementation in their own country. Efforts to promote CSCE compliance in the Soviet Union began in May of 1976 when 11 human rights activists in Moscow, led by Yuri Orlov, formed the first Public Group to Promote Observance of the Helsinki Agreements. Inspired by its example, other Helsinki groups were formed in Kiev, Vilnius, Yerevan and Tbilisi. Additional independent organizations with more narrowly defined focus, such as the Christian Committee for the Defense of Believers' Rights and the Working Commission on the Abuse of Psychiatry for Political Purposes, also emerged. Today, more than 50 group members, representing a broad spectrum of religious, ethnic and professional affiliations, are actively documenting human rights violations and engaged in promoting implementation of the Helsinki accord. While maintaining their individual identities, Soviet monitoring groups have frequently collaborated in their efforts to promote human rights. When the Lithuanian and Ukrainian groups were formed, for example, the Moscow group sponsored a joint news conference to publicize their creation. The Christian Committee, composed of four members of the Russian Orthodox Church, has written appeals on behalf of Adventists, Jews and Baptists. On occasion, two or more groups have issued joint declarations and other documents. Ordinary Soviet citizens, learning of the Helsinki groups via Western radio broadcasts, have traveled thousands of miles from remote regions in order to present documented evidence on human rights violations. Similarly, monitoring group members have journeyed great distances to conduct interviews and related research. Representatives of the Moscow group, for example, were sent to the northern Caucasus and to distant Nakhodka to visit Pentecostal communities desiring to emigrate. The representative documents of the Soviet Helsinki monitoring groups reproduced here address a wide range of human rights concerns: repressions of group members, violations of the rights of ethnic minorities, difficulties of emigration from the USSR, problems of religious believers and difficulties of current and former political prisoners. Economic concerns are also treated in several documents in the compilation. The Soviet monitoring groups carry out their work in an extremely repressive environment. Although 20 members of these organizations have been arrested and imprisoned, many new members have joined. Frequently, documents have been confiscated by the KGB. During a search of Orlov's apartment in Moscow, for example, material documenting persecution of parents advocating religious practices for their children was removed. In another case, Aleksandr Ginzburg's residence was searched and information on the health of seriously ill political prisoners was seized. The documents of the Soviet Helsinki monitors are truly a testament to their strength, courage and dedication. Their long-range goal -- the achievement of a humane society based on respect for law -- has yet to be realized. But already they have attained a moral victory in gaining the attention and respect of private and governmental groups throughout the world.
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publication
Helsinki Commission Annual Report - 1978
Wednesday, October 11, 1978Created in 1976 as an independent agency to monitor and encourage compliance with the 1975 Helsinki Conference on Security and Cooperation in Europe (CSCE), the Commission has carried out its responsiblities in a variety of ways during the 95th Congress. Primary focus of Commission activity during the past two years was on the Belgrade CSCE review conference which met from June 1977 to March 1978 to review implementation by all signatories of the military and security, economic and scientific, humanitarian and other goals of the Helsinki Final Act. The Commission was instrumental in formulating U.S. policy for the Belgrade meeting and then played an important and active role as part of the U.S. delegation to the review conference. It has also been active in planning for and staffing official U.S. delegations to a subsequent meeting of scientific experts in Bonn, as well as other conferences within the CSCE process. In addition to carrying out its monitoring and informational responsibilities in major international fora, the Commission has been extremely active on a day-to-day basis in promoting implementation of the Helsinki accords. Extensive and continuing hearings during the last two years have provided an important source of information on the state of Helsinki Final Act implementation, particularly in the human rights area. Human rights, especially family reunification, was also the subject of a large number of Commission meetings and staff interviews during the 95th Congress. As a result, the Commission has been able to provide a regular flow of reports and information to the Congress, press and public on human rights and other issues involving Helsinki Final Act implementation. The Commission has a unique role in policy formulation and coordination on CSCE; during the past two years, Commissioners and staff held extensive meetings with officials of the Executive Branch to review and initiate CSCE policy issues. In addition, periodic consultations were held with officials of the other signatory governments. It is likely that this process will intensify and expand in anticipation of the next major review conference at Madrid in 1980.
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publication
Soviet Law and the Helsinki Monitors
Tuesday, June 06, 1978Between February 3, 1977 and June 1, 1978, twenty Soviet citizens active in the defense of human rights in five different Republics were arrested and imprisoned; two others, traveling abroad on Soviet passports, were stripped of their citizenship and denied the right to return to the USSR. All are members of the Public Groups to Promote Observance of the Helsinki Agreement in the USSR (the Soviet Helsinki Watch) or, in the case of two men, of its subsidiary Working Commission to Investigate the Abuse of Psychiatry for Political Purposes. The twenty-one men and one woman are being punished under a variety of different criminal charges. Their "crime," however, is identical: political dissent, expressed in the non-violent, open effort to spur Soviet authorities to implement the human rights and humanitarian undertakings of the August 1975 Final Act of the Conference on Security and Cooperation in Europe (the Helsinki Accord.) The following study by the staff of the U. S. Commission on . Security and Cooperation in Europe examines the workings of Soviet law and criminal procedure as applied in these cases of political dissent. It discusses the guarantees of Soviet law, including international covenants ratified by the USSR, against arbitrary arrest and unfair trial and compares those to the practices used against the Helsinki Watchers. From the study it is evident that those guarantees -- both substantive and procedural -- have been repeatedly violated in the persecution and prosecution of the twenty-two human rights activists. The violations uncovered range from improper conduct of pre-arrest house searches through illegally prolonged pre-trial detention to unlawful denial of the rights of the defense at the trial. This pattern of official conduct toward free, but dissenting political expression is not new in the Soviet Union. In the treatment of the Soviet Helsinki Watch, however, it has been systematic and can be termed, without question, a gross and intentional violation of both the pledges in the Final Act and the safeguards promised by the Soviet Constitution, Criminal Codes and Codes of Criminal Procedure.
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hearing
Implementation Of The Helsinki Accords Vol. VI – Soviet Law And Helsinki Monitors
Tuesday, June 06, 1978This briefing discussed the repression against human rights activists in the Soviet Union. Chairman Fascell and Commissioner Leahy oversaw the testimony of several American lawyers representing imprisoned members of the Moscow-Helsinki Group detailing the abuses committed against their clients. Numerous documents from Soviet citizens were also submitted to the record documenting the Soviet authorities’ violations of the Helsinki Accords’ human rights provisions.
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hearing
Implementation of the Helsinki Accords Vol. V – The Right to Citizenship in the Soviet Union
Thursday, May 04, 1978Commissioners Fascell and Pell, along with other commissioners and witnesses, discussed the plight of the witnesses themselves (musicians Mstislav Rostropovich and Galina Vishnevskaya). More specifically, these musicians, an acclaimed cellist and an opera singer, respectively, both arbitrarily had their citizenships revoked by Soviet authorities, without a fair trial (i.e. a right to an appeal, a hearing, and a right to a defense). These individuals’ predicament underscored similar situations of other Soviet citizens whom the government had revoked the citizenships of, a practice that the U.S. Supreme Court has classified as “cruel and unusual punishment.”
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hearing
IMPLEMENTATION OF THE HELSINKI ACCORDS VOL. IV - REPORTS ON SOVIET REPRESSION AND THE BELGRADE CONFERENCE
Sunday, June 05, 1977In light of first anniversary of the creation of the Commission on Security and Cooperation in Europe, this hearing focused on the work and the plight of courageous individuals who utilized the Helsinki accords as instruments for advancing international respect for human rights. In particular, the hearing delved into the case of Anatoly Shcharansky, one of the most courageous spokesmen of human rights in the U.S.S.R., faces treason charges as groundless as they are ominous. The Soviet decision to hold a show trial for Shcharansky with phony evidence and counterfeit witnesses combined with the earlier arrest of members of Helsinki monitoring groups in Russia, Ukraine, and most recently, in Georgia, were in violation of the Helsinki accords.
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hearing
Implementation of the Helsinki Accords Vol. III – Information Flow, And Cultural And Educational Exchanges
Tuesday, May 17, 1977In this hearing, Commissioner Dante Fascell and others discussed the impact that the Helsinki Accords had on easing and expanding the flow of ideas and information across ideological and international frontiers. The rationale for this hearing, which consisted of three mornings of testimony, was that, while the Commission has had a long and storied history of hearing and discussing the movement of people, one goal of the Helsinki Accords is to diminish the obstacles that keep the views of others out, which are also the borders that restrict freedom of movement for people.
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hearing
Implementation of the Helsinki Accords Vol I - Human Rights and Contacts
Wednesday, February 23, 1977This hearing focused on the implementation of the Helsinki Accords and explored proposals for advancing compliance. The Commissioners and witnesses discussed how the accords could better East-West relations. They discussed how the framework of the Helsinki accords helps provide protection against armed intervention in internal affairs, or the threat of such intervention. The Commissioners heard testimonies from those working on human rights in Warsaw Pact countries and from many American citizens seeking reunification with relatives in Warsaw Pact countries.
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hearing
East-West Economic Cooperation-Basket II-Helsinki Final Act
Thursday, January 13, 1977Our immediate business is to look at Basket IT, whose scope is greater than mere questions of trade and commerce, because in many ways politics is economics. Basket IT was designed to enhance economic cooperation among CSCE states in a way to loosen restraints inhibiting dealings between the Soviet bloc and the West. The hearing will offer suggestions on resolving problems of trade with eastern CSCE states; and how the U.S. Government deals with Basket II problems and how it can improve the overall trade picture by exploiting Basket II provisions in order to bolster East-West trade initiatives.
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publication
Report of the Study Mission to Europe
Wednesday, December 01, 1976Study Mission of the Commission on Security and Cooperation in Europe visited 18 signatories of the Helsinki Final Act between November 5 and November 23, 1976. The purpose of the Mission was to gather information about the current status of implementation of the provisions of the Helsinki accords and to establish contacts with key European political and governmental officials as well as private individuals and organizations concerned with various aspects of the implementation process. The CSCE Study Mission was composed of Rep. Dante B. Fascell, D-Fla. (Commission chairman); Sen. Claiborne Pell, D-R.I. (co-chairman); Rep. Jonathan Bingham, D-N.Y.; Rep. Millicent Fenwick, R-N.J.; and Rep. Paul Simon, D-Ill. Travelling individually, Commissioners and staff aides met with government officials and parliamentarians in Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, Greece, Italy, Liechtenstein, Luxembourg, the Netherlands,' Norway, the Holy See, Sweden, Switzerland, Turkey, the United Kingdom and Yugoslavia, as well as with experts at NATO, the European Community, the Council of Europe, UNESCO, the Intergovernmental Committee on European Migration, the OECD, the United Nations High Commission for Refugees, and the United Nations Economic Commission for Europe. The Mission regrets that it could not confer with all signatory countries at this time and intends to do so in the future. The limited time available precluded visits to some countries. The Warsaw Pact countries, however, refused to permit the Commissioners to visit their countries, an action which runs counter to the very spirit of Helsinki. Additionally, the Study Mission met with half a dozen private refugee organizations, a number of recent Soviet exiles, more than 30 businessmen and organizations active in East-West trade, a cross section of journalists specializing in Eastern European affairs, and more than 20 individuals and private institutions conducting research on Helsinki implementation questions. Commission members Mansfield Sprague and James G. Poor from the Departments of Commerce and Defense, respectively, attended the initial and final joint Study Mission sessions in Brussels and London, and Commissioner Monroe Leigh of the Department of State attended the Brussels meetings.
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hearing
Conference on Security and Cooperation in Europe
Tuesday, May 06, 1975In July 1973 the Foreign Ministers of 33 European countries and the United States opened the Conference on Security and Cooperation in Europe (CSCE), in Helsinki. Since then the participants have made slow but steady progress on a broad range of security, political, economic and other issues of mutual concern. As the conference reaches what appears to be a conclusive stage interest in its eventual outcome has mounted both in Congress and throughout the Nation: Special concern has been expressed over the implications the Conference may have for such issues as human rights in Eastern Europe, the division of Germany, U.S. force levels in Europe, and the future of the Baltic nations of Estonia, Latvia, and Lithuania.
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helsinki commission
Podcast: Seeking Justice in Serbia
Twenty years after U.S. citizens Ylli, Agron, and Mehmet Bytyqi were brutally murdered in Serbia in the aftermath of the 1999 conflict in Kosovo, their brother Ilir documents his family’s fight for justice in the face of inaction by Serbian authorities. Ilir is joined by family lawyer Praveen Madhiraju and Helsinki Commission senior policy advisor Robert Hand. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 2: Seeking Justice in Serbia | Helsinki on the Hill
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helsinki commission
Podcast: Toward a Sustainable, Enduring, Democratic Peace
The work of the Helsinki Commission aligns closely with that of the Organization for Security and Cooperation in Europe (OSCE), the world’s largest regional security organization. The United States supports the work of the OSCE through not only the Helsinki Commission, but also through funding—generally contribution between 11 and 14 percent of the OSCE’s operating costs—and through the deployment of individuals who carry out the activities of the OSCE across its vast geographic expanse, who do the day-to-day work of trying to make the principles on which the OSCE is based into a reality on the ground. In this episode, Kavya Rajan, Director of Human Rights and Communities at the OSCE Mission in Kosovo, and Kelsey Harris-Smith, Political-Military Officer in the Conflict Prevention and Resolution Program at the OSCE Mission to Moldova, describe how the work they and other Americans—as well as staff from other OSCE participating States—do contributes to a sustainable, enduring, democratic peace in the OSCE region. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 17 | Toward a Stable, Enduring, Democratic Peace
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helsinki commission
Podcast: Nobody Cheers for Goliath
The physical battle of tanks and bombs or territory gained and lost is only one terrible part of Russian dictator Vladimir Putin’s war against the people of Ukraine. The unprovoked war is also taking place in the media, on computer keyboards, and in the hearts and mind of people in Ukraine, in Russia, and worldwide. Just as Ukraine has won important battlefield successes in the face of what appeared to be an overwhelming Russian force, Ukraine has also waged a highly sophisticated public diplomacy campaign to counter what many thought was a Russian strength. Dr. Nicholas J. Cull, a pioneering scholar and educator in the field of public diplomacy and mass communication in foreign policy, joins "Helsinki on the Hill" to examine the fight over narratives around Russia’s unprovoked war against Ukraine, how it shapes how different audiences understand the war, and the ultimate real-world impact of information warfare. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 21 | Nobody Cheers for Goliath: How Ukraine Is Winning the Information War Against Russia
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helsinki commission
Podcast: Welcome to Observe
Election observation is a core element of the OSCE’s efforts to promote human rights, democracy, and the rule of law. Each OSCE participating State—including the United States—pledges to invite foreign observers to observe its elections. The United States plays an active role in OSCE election observation missions, both by providing observers for foreign elections as well as by inviting the OSCE to observe every general and midterm election since 2002. Ahead of the 2020 presidential election, veteran election observer Orest Deychakiwsky, former director of the OSCE’s Office of Democratic Institutions and Human Rights and current OSCE PA member Michael Link, and Deputy Secretary of the State of Connecticut Scott Bates share insights on the origins and value of OSCE election observation, along with the process of election observation from the OSCE and state perspective. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 13 | Welcome to Observe: OSCE Election Observation and the United States
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helsinki commission
Podcast: Massive, Systematic, Proven beyond Doubt
President Alexander Lukashenko has been in power in Belarus since 1994. In the run-up to elections in the summer of 2020, the Lukashenko regime sought to eliminate political competition to through disqualification, intimidation, and imprisonment. Election Day proper featured widespread allegations of fraud. Many countries, including the United States, rejected the election’s outcome as illegitimate and refused to recognize Lukashenko as the legitimate leader of Belarus. The months since the election have seen an unrelenting crackdown by Belarusian authorities on peaceful protests, civil society, and the media. As a participating State in the OSCE, Belarus is party to a number of commitments on human rights and fundamental freedoms, such as the right to free and fair elections and the right to peaceful assembly. In response to the apparent violation of these rights, 17 other OSCE states invoked one of the key human rights tools at their disposal: the Moscow Mechanism, a procedure that allows for the establishment of a short-term fact-finding mission tasked with producing a report on a specific human rights concern and recommendations on how to resolve it. In this episode, Professor Wolfgang Benedek, the rapporteur appointed to investigate the crisis in Belarus, discusses his findings that human rights abuses are "massive and systematic, and proven beyond doubt" and his recommendations to address the violations. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 14 | Massive, Systematic, Proven beyond Doubt: Human Rights Violations in Belarus Exposed by the OSCE’s Moscow Mechanism
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helsinki commission
Podcast: On the Precipice
The OSCE has been central to diplomatic efforts around Russia’s war against Ukraine. In this episode, Ambassador Michael Carpenter, U.S. Permanent Representative to the OSCE, discusses the ultimately unsuccessful diplomatic efforts to forestall Russia’s full-scale invasion; the role of the OSCE in ensuring accountability for war crimes and atrocities; and the need to ensure Ukraine’s victory and Russia’s defeat. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 24 | On the Precipice
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helsinki commission
Podcast: Disappeared in Turkmenistan
In Turkmenistan, detainees serving long-term prison sentences often literally “disappear” into the notorious Ovadan Depe prison outside of Ashgabat. Disappeared prisoners have no access to medical care or legal assistance; no information is provided to their families about their well-being. Current estimates indicate that more than 120 individuals are currently disappeared in Ovadan Depe, including Turkmenistan’s former foreign minister and former ambassador to the OSCE Batyr Berdiev, who disappeared into the Turkmen prison system in 2003. Kate Watters of the Prove They Are Alive! Campaign joins Helsinki Commission Senior Policy Advisor Janice Helwig to discuss the tragedy of those who have been disappeared, as well as the current situation in Turkmenistan and the steps that are being taken to encourage the Government of Turkmenistan to halt the practice and live up to its international commitments to human rights. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 7 | Disappeared in Turkmenistan
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helsinki commission
Podcast: Open Skies
What was a Russian military plane doing taking pictures over Washington, DC? Arms control experts Alexandra Bell, Senior Policy Director at the Center for Arms Control and Non-Proliferation, and Anthony Wier, Legislative Secretary for Nuclear Disarmament and Pentagon Spending at the Friends Committee on National Legislation, discuss the Treaty on Open Skies. The Open Skies agreement fosters inter-military transparency and cooperation among 34 different countries—including the United States and Russia—by allowing participants to overfly each other’s territory to record and share imagery of military and other installations. During the episode, Bell and Weir outline the role of Open Skies in the Euro-Atlantic security architecture, the treaty’s benefits, the complexity of execution, and current challenges in implementation. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 4: Open Skies | Helsinki on the Hill
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helsinki commission
Podcast: Agents of the Future
The creation of the Moscow Helsinki Group was announced on May 12, 1976, a day that Helsinki Commission Chair Sen. Ben Cardin has called, “One of the major events in the struggle for human rights around the globe.” The 11 founding members, including legends of the human rights movement like Yuri Orlov and Lyudmila Alexeyeva, came together as what was formally named the Public Group to Assist in the Implementation of the Helsinki Final Act in the USSR. Their mission was to monitor the Soviet government’s implementation of the human rights provisions of the historic 1975 Helsinki Accords. In this episode, Dmitri Makarov, co-chair of the Moscow Helsinki Group, and historian Sarah B. Snyder discuss the history and impact of the Helsinki monitors, as well as the important work the Moscow Helsinki Group continues to do today. The Helsinki Commission is indebted to Cathy Cosman for her input and contributions to the development of this episode. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 16 | Agents of the Future: The 45th Anniversary of the Moscow Helsinki Group
Economic and Environmental Dimension
Implementation Meeting
Session 3: Good Governance
Before I begin, I’d like to thank the panelists today for their excellent and informative presentations.
The United States has viewed with keen interest the evolving discussions in recent years on what the OSCE’s priorities should be in the Economic and Environmental Dimension. As our friend and colleague Mr. Svilanovic pointed out during last year’s Vienna Review Conference, we appear to have come to an appreciation that good governance is the key linking theme across the entire second dimension. The Maastricht Strategy is very clear on this point: “Good public and corporate governance and strong institutions are essential foundations for a sound economy, which can attract investments, and thereby enable States to reduce poverty and inequality, to increase social integration and opportunities for all, and to protect the environment. Good governance at all levels contributes to prosperity, stability and security.” As we consider the implementation of our second dimension commitments, however, we should keep in mind why it is important to implement those commitments.
The global economic downturn continues to put extreme pressure on people and governments across the OSCE region. To be sure, some countries have weathered the storm better than others. Still, no country can be forever immune to market forces, and even within those that have done well, there are always citizens left behind. This is certainly the case in the United States, and for this reason President Obama is focused intently on how best to put those Americans without a job back to work. We all know that trade and investment are critical drivers of economic growth. Indeed, recognizing this important reality, the Obama Administration has launched the National Export Initiative, which seeks to deepen our strategic trade relationships around the world, recognizing that 85 percent of world GDP growth will occur outside the United States in the coming few years. As we encourage more American businesses – large and small – to embrace international trade, seek opportunities in new markets, and make strategic investments that will lead to increased global trade flows, we are keenly aware of the challenges and costs posed by official corruption, weak institutions, and lack of respect for property rights, including intellectual property.
Weak governance and lack of transparency constitute non-tariff barriers to trade, which we have committed ourselves to eliminating. Furthermore, the same issues that deter trade and investment also work against comprehensive security: a lack of transparency in governance leads to diminished confidence that problems and disputes will be addressed in a fair and impartial manner. Without trust and confidence in public institutions, there is little incentive for investors and companies to pursue trade deals or direct investment in those economies.
The effect is stagnating economic performance, which, as we have seen in the past several months and years, can lead to political upheaval.
The United States Government is deeply committed to fostering good governance and transparency in its political and economic institutions. President Obama has made the global fight against corruption a top priority. As he has noted, “In too many places, the culture of the bribe is a brake on development and prosperity. It discourages entrepreneurship, destroys public trust, and undermines the rule of law while stifling economic growth.”
The real world costs of corruption and weak institutions should not be underestimated. The World Bank estimates that more than one trillion dollars in bribes are paid each year out of a global economy of approximately 30 trillion dollars. That's an incredible three percent of the world’s economy. In 2009, companies lost nearly $25 billion to companies willing to pay bribes in deals for which the outcome is known. And bribery is especially costly for small and medium-size enterprises (SMEs): a separate study has shown that up to 25 percent of SME operating capital in companies operating internationally is diverted to corruption. That is a staggering figure that illustrates how corruption diverts scarce resources to thoroughly unproductive ends.
Corruption is a global problem that knows no borders. And that’s why corruption demands a truly global response – one that knows no limits on collaboration. The Obama Administration is doing its part to implement its obligations under the OECD Anti-Bribery Convention by enforcing the U.S. Foreign Corrupt Practices Act (FCPA) strictly and fairly. We are determined to ensure that U.S. businesses do not contribute to corruption in foreign markets. At the same time, we are determined to do what we can to assist them in the fight against foreign corruption, and against the high risk and significant costs of corruption in such markets.
Regrettably, at this stage, the lack of enforcement of domestic bribery laws, and of foreign bribery laws by many nations that are Parties to the OECD Anti-Bribery Convention is extremely troubling and raises concerns about a lack of political will. Governments can and should prosecute both those who give bribes and those who receive them, both at home and abroad. And the OSCE should continue to encourage participating States to adopt and enforce rigorous anti-bribery regimes.
Of course, the fight against corruption is not simply a law enforcement matter; rather it can also be a significant – if not the most significant – non-tariff barrier all companies face. Accordingly, the U.S. Department of Commerce and the International Trade Administration (or ITA) are committed to working with our trading partners to level the playing field and to promote transparent and corruption-free markets globally. Our work to promote clean and ethical business environments occurs at both the multilateral and bilateral level. At the multilateral level, the ITA is pressing its counterparts to lead by example and to implement comprehensive anti-corruption measures.
In addition to our work through the OECD, the United States has been working diligently to persuade the G20 countries to adopt a comprehensive anti-corruption action plan, which includes a commitment focused on adoption and robust enforcement of anti-bribery laws, implementation of the UN Convention Against Corruption, greater engagement with the private sector, and support for transparency mechanisms, to name a few. Many of these commitments require our G20 partners to enact and implement new laws and preventive measures.
The United States, at ITA’s initiative, in particular, took the lead on proposals relating to the private sector and also on whistleblower protection, within the G20. In the United States, whistleblowers play a crucial role in helping to enforce anti-corruption law. This principle is also embodied in international conventions. Articles 12 and 13 of the UN Convention require States Parties to prevent corruption in the private sector and promote the fight against corruption with the business community and civil society. Unless governments can protect whistleblowers, it is unlikely that they can identify or address systemic causes of corruption. The United States believes robust whistleblower protection should be an essential part of any good governance initiative in the OSCE, and I was encouraged to hear Ambassador O’Leary indicate that this will be an area of focus under the Irish Chairmanship.
The U.S. Department of Commerce has also been committed to fostering strong private sector integrity as an integral part of promoting good governance in markets worldwide. Companies are global corporate citizens, and as such, can work collectively and with governments to foster trust, and promote transparency. I hope that some our work may provide a useful model for the OSCE to consider as it looks to embrace good governance and anti-corruption as a priority for the second dimension, a goal we fully support, and which I am personally committed to supporting.
For example, the ITA has championed business ethics and corporate governance reform since the early 1990s, following the fall of the Berlin Wall. Our Business Ethics Manual has been translated into Chinese, Spanish and Russian and is still one of the most widely used resources on this important topic. We have partnered with business associations and chambers of commerce to develop collective action and business ethics program in many markets.
Our work on business ethics has grown. This past year, the ITA has focused on trying to heighten awareness of good governance, transparency and business ethics in sectors of vital importance to many economies – by taking a “sectoral” approach to combating corruption and promoting good business practice, the challenge of dealing with corruption becomes less daunting. The ethical issues specific to different industries vary greatly – and there is no one-size-fits-all approach to the problem. Within the G20, for example, the United States, at the initiative of the U.S. Department of Commerce, has taken the lead in calling for the G20 to endorse additional sectoral approaches to fighting corruption, beyond the Extractive Industries Transparency Initiative (EITI). We have asked G20 governments, for example, to consider supporting the Construction Sector Transparency Initiative (COST) – a new multistakeholder initiative, developed by the World Bank. COST uses similar approaches to EITI to promote greater transparency in public infrastructure projects and government procurement. I hope that the OSCE might similarly consider COST and other multistakeholder approaches to promoting transparency under the Irish chairmanship.
Within APEC, the ITA has focused on developing new ethical principles for key sectors within the APEC region. I am pleased to report that under the APEC SME working group, we have coordinated a project with APEC countries and businesses to develop principles of business ethics in the construction, medical devices and biopharmaceutical sectors. These voluntary principles are meant to be used by businesses and trade associations – large and small – to guide their ethical interactions with public officials and institutions. I hope that within the OSCE framework and the EEDIM, we might also consider focusing on business ethics in specific sectors of interest to all of our economies.
I want to close by suggesting some activities to take the theme of good governance and transparency forward. In addition to encouraging the OSCE to formally endorse the Extractive Industries Transparency Initiative—a move that would send an important signal about this body’s commitment to the principles of good governance and transparency—the U.S. encourages us to explore whether there are additional sectoral initiatives that merit support from the OSCE, including the Construction Sector Transparency Initiative. The United States Government also strongly supports the Irish Chair’s goal to develop a Statement or Declaration of Transparency Principles to help guide our governments in their future activities.
I want to encourage us to consider new models of bilateral cooperation to promote good governance such as the model Mr. Murray just discussed, leading to a public-private initiative in the Russian power generation sector.
We at the U.S. Department of Commerce are working closely with the Center for Black Sea/Caspian Studies at American University to potentially convene a conference in May of next year that would seek to address the challenge of developing mechanisms to ensure good governance and transparency, while also balancing the goals of protecting national security and accelerating economic development faced by the countries of the Caucasus and Central Asia, as they seek to assert their role as a gateway between Europe and Asia. In addition, the conference will also focus on specific market access challenges to regional integration and economic development in the Caucasus and Central Asia such as transparency in Government procurement and privatization, and trade facilitation challenges, including customs and lack of regional harmonization. It is our hope that the OSCE will join us for this event – focused on critical areas such as transport and infrastructure – to work on tangible ideas for projects and collaborations in the OSCE region.
We look forward with great interest to the 20th Economic and Environmental Forum, where we will delve deeper into all the facets of good governance. We also thank the Lithuanian Chairman-in-Office for ensuring that their draft Ministerial Council decision on Energy Security incorporates transparency in the energy sector – in our view, considering the vital role that energy plays in modern economic life, there can be no confidence, and thus no security, without energy transparency. In the year ahead, we envision an even broader focus on transparency principles across the entire spectrum of economic and environmental activities, and will work with all of our colleagues in the OSCE to make that vision a reality.
Thank you, Mr. Moderator.