Title

Remarks to the Mediterranean Forum

Chairman
Rep. Alcee L. Hastings
Marrakech,
Morocco
Friday, October 04, 2019

Autumn Meeting of the OSCE PA

*NOTE: As prepared for delivery*

Before arriving in Morocco, I led a bicameral and bipartisan Congressional delegation to Tunisia and Israel. While in these countries, my colleagues and I held high-level exchanges with national leadership, civil society, religious leaders, and others to assess the current state of regional security, human rights and democracy.

As a Member of Congress, I spent decades traveling to the Middle East and North Africa.  I was never more proud of that engagement, than when I served as President of the Parliamentary Assembly and its  Special Representative to the Mediterranean Partners for Cooperation. This trip was an occasion to revisit longstanding relationships and discuss some of the most consequential dynamics impacting the Mediterranean region today.

Our delegation arrived in Tunisia and Israel at sensitive political moments. Tunisia held its second democratic presidential election ever on September 15 and will follow in the coming weeks with its third-ever free legislative election and a presidential run-off.

In Israel, the country’s second national election this year on September 17 once again delivered an ambiguous result, touching off a flurry of government formation negotiations with no end in sight.

In Tunis, my colleagues and I met with Interim President Mohamed Ennaceur. I commended him for leading his country through a historic peaceful transition of power following the death of President Beji Caid Essebsi earlier this year. When I asked about the most serious existential threat facing Tunisia, he had a bracing assessment: that the gravest threat is the economic and social despair afflicting so many youth. We should heed President Ennaceur’s words and commit ourselves during this meeting of the Parliamentary Assembly to discussing ways to restore hope and opportunity for the youth in our societies.

Early next year, I intend to do my part to respond to the call of President Ennaceur and others by hosting young parliamentarians from throughout the OSCE region and the Partners for Cooperation in Washington for a seminar that empowers our future leaders. I look forward to sharing details with your delegations in the near term.

While in Tunisia, our delegation also held roundtables with civil society groups and local and international election observers. I was encouraged by the bold commitment of these groups to preserving and advancing the gains Tunisia has made since 2011 in respect for the rule of law, democracy, and fundamental freedoms. I remain concerned, however, that the ongoing imprisonment of one of the leading presidential candidates could undermine confidence in the democratic process.

In Israel, our delegation met both with Israeli Prime Minister Benjamin Netanyahu and Palestinian Authority Prime Minister Mohamed Shtayyeh. Both leaders were candid in their assessments of the impasse in the peace process. While no clear opportunities emerged, I was affirmed in my belief that parliamentary diplomacy bridges divides. Prime Minister Netanyahu shared his sobering assessment of the global threat posed by Iran and the existential danger it poses to the people of Israel. I hope we will discuss ways of addressing this matter during our debates in the coming days.

During a roundtable with Israel-based civil society, we heard warnings about possible threats to the rule of law impacting both Israeli citizens and Palestinians. In a separate meeting with the leaders of major Christian denominations, including Greek Orthodox Patriarch of Jerusalem Theophilos III, we explored interreligious relations and the mediating role Christian churches play in the Holy Land.

In Luxembourg this summer, this assembly passed a resolution I authored on the importance of integrating and protecting civil society engagement in the work of the OSCE and this Assembly. Our meetings with such groups in Tunis and Jerusalem confirms the value of consulting local activists in our work as parliamentarians at home and abroad.

In the coming days, I urge you, my distinguished colleagues, to continue exploring ways to integrate civil society in our work and to deepen engagement with the Mediterranean Partners, particularly through support for- and observation of their electoral processes.

Relevant countries: 
Leadership: 
  • Related content
  • Related content
Filter Topics Open Close
  • Situation in Belarus Continues to Deteriorate

    Mr. Speaker, I want to bring to the attention of my colleagues the latest outrage perpetrated by the regime of Belarusian dictator Alexander Lukashenka.   Last week, immediately after leaving the U.S. Embassy in Minsk, the Chairman of the opposition United Civic Party Anatoly Lebedka, was picked up by plainclothes police officers and driven to KGB headquarters for interrogation. Anatoly had been at the Embassy to pick up the invitation for a conference on Belarus to be held this week here in Washington. In a clear effort at intimidation, Lukashenka’s KGB thugs accused him of maintaining ties with supposed “intelligence agents” and other foreigners, purportedly for the purpose of undermining Belarus.   Mr. Speaker, this accusation is patently absurd. I know Anatoly Lebedka, having met with him in Washington and at several meetings of the OSCE Parliamentary Assembly, most recently this past July in Berlin. It is clear to me that Mr. Lebedka is an honorable man committed to his country’s development as an independent, democratic nation in which respect for human rights and the rule of law is the norm. There is no doubt in my mind that the real reason for the harassment of Anatoly – and this is not the first time – is his opposition to Lukashenka, to whom democracy and human rights are anathema.   Sadly, this is only the latest in a long list of human rights assaults by Lukashenka. Just within the last few months, we have seen the passage of a repressive law on religion, the bulldozing of a newly built church, the jailings of three leading independent journalists, the continued and persistent harassment of the political opposition, independent media and non-governmental organizations, and the effective expulsion of the OSCE presence there. These tactics are in keeping with the climate of fear which Lukashenka has sought to create.   Moreover, we have seen no progress on the investigation of the missing and presumed dead political opponents – perhaps not surprisingly, as credible evidence links the Lukashenka regime with these murders, and growing evidence also indicates Belarus has been supplying weapons and military training to Iraq. Both in Berlin and in Washington, I have had the honor of meeting with the wives of the disappeared.   Mr. Speaker, the state of human rights and democracy in Belarus is abysmal, and the manifest culprit is Lukashenka and his minions. The longsuffering Belarusian people deserve to live in a country in which human rights are not flouted. Those in Belarus, like Anatoly Lebedka, who struggle for human rights and democracy deserve better. The Belarusian people deserve better.

  • Human Rights and Inhuman Treatment

    As part of an effort to enhance its review of implementation of OSCE human dimension commitments, the OSCE Permanent Council decided on July 9, 1998 (PC DEC/241) to restructure the Human Dimension Implementation Meetings periodically held in Warsaw. In connection with this decision - which cut Human Dimension Implementation Meetings from three to two weeks - it was decided to convene annually three informal supplementary Human Dimension Meetings (SHDMs) in the framework of the Permanent Council. On March 27, 2000, 27 of the 57 participating States met in Vienna for the OSCE's fourth SHDM, which focused on human rights and inhuman treatment. They were joined by representatives of OSCE institutions or field presence; the Council of Europe; the United Nations Development Program;  the United Nations High Commissioner for Refugees;  the International Committee of the Red Cross; and representatives from approximately 50 non-governmental organizations.

  • Helsinki Commission on Property Restitution Issues

    By Erika B. Schlager Counsel for International Law On September 10, 2003, the Commission on Security and Cooperation in Europe (the Helsinki Commission) held a briefing to assess the status of governmental efforts to provide restitution of, or compensation for, property wrongfully seized in Europe under communist and Nazi rule. Ambassador Randolph M. Bell, Special Envoy for Holocaust Issues, provided an update on developments since his participation in the Commission's July 2002 hearing on this subject. Helsinki Commission Ranking Member Benjamin L. Cardin (D-MD) chaired the September 10 briefing, noting that "this issue will continue to be on our agenda until we accomplish the objectives of transparent laws in all of the states [and] fair and just compensation for the properties that were unlawfully taken during the Nazi and communist years." The Helsinki Commission has previously held three hearings specifically on these issues. In a related development, on October 13, Commission Chairman Rep. Christopher H. Smith (R-NJ), Mr. Cardin, Commissioner Rep. Joseph R. Pitts (R-PA), and Representative Jo Ann Davis (R-VA) met with Polish officials in Warsaw to raise directly their concerns regarding Poland's failure to adopt any private property restitution or compensation law at all. Members met with Piotr Ogrodzinski, Director of the Americas Department at the Polish Ministry of Foreign Affairs, Andrzej Szarawarski, Secretary of State at the Ministry of the Treasury, and Under-Secretary of State Barbara Misterska-Dragan. The Members reminded their interlocutors that President Kwasniewski and Foreign Minister Cimoszewicz gave their personal assurances to congressional leaders (including Chairman Smith) in a meeting with House Speaker Dennis Hastert in July 2002 that a private property law would be ready by the beginning of 2003. Notwithstanding this pledge, the Government of Poland has failed to submit such a law to parliament. In Warsaw, Members voiced acute frustration at continuing delays and urged the Polish Government to move quickly on this time-sensitive issue. Briefing Reviews Mixed Record In his introductory remarks, Ambassador Bell stressed that a number of measures must be in place for effective restitution: open access to archival records, uniform enforcement of laws, clear procedures, and provisions for current occupants of property subject to restitution. Uniform, fair, and complete restitution is necessary to establish the rule of law and to safeguard rights and freedoms in many countries, he noted. Ambassador Bell also suggested that restitution can facilitate reform and thereby help countries gain entry into multilateral institutions. Most OSCE countries working toward restitution are making slow but steady progress on the return of communal property, such as educational, church, and hospital buildings. According to Bell, some countries have nearly completed the return of such property, including Slovakia, Slovenia, and Bulgaria. In other instances, returning property to its owners, or reimbursing them, is fraught with political obstacles. "While leaders may achieve our praise for facing these issues, they often gain little or nothing in the way of parliamentary support at home for doing so," Bell said. Speaking from the audience, one observer suggested that restitution often stalls when it becomes a political issue that leaders can manipulate and that economic challenges in restitution create further challenges. He added that politicians should speak more frequently and positively about their experiences restoring property to the rightful owners. "This is a part of the process of becoming an open democratic society, part of the family of Western nations," he said. Progress has been frustratingly slow, acknowledged Commissioner Cardin. The Commission has frequently encountered barriers to restitution, such as residency or citizenship requirements and management of funds under different domestic laws. "We have found that we have gotten commitments from the leaders of countries, only to find that those commitments are not really carried out," Cardin said. Another audience member expressed concern that the Slovenian Government has discriminated against American property owners, arguing that as foreigners, they were less likely to have property returned in Slovenia. Ambassador Bell noted that even when a court does rule in favor of a claimant, the Slovenian Government has the ability to appeal for a reversal. He said the State Department would continue to press for fair property returns in Slovenia. A few countries came in for particular criticism during the briefing. "I am following the advice of our chairman, Chairman Smith, when he says that we have to start naming countries and naming practices, because we cannot let this continue," Mr. Cardin said. "The current situation is not acceptable in Poland or in Romania or in the Czech Republic." Poland Poland has failed to adopt any law providing for private property restitution or compensation. In meetings with congressional leaders last July, visiting President Aleksander Kwasniewski and Foreign Minister Wlodzimierz Cimoszewicz gave assurances that a draft private property law would be ready by early 2003. The government has yet to submit a draft to the parliament. Ambassador Bell urged Poland to make good on its promises to return private property to its rightful owners. "To delay action will only make it more difficult to address this issue down the road," he said. Romania Property restitution in Romania since the fall of communism has been slow and ineffective. The laws enacted by the government to address the problem lack transparency, are complex, and have not been properly implemented. The law governing the restitution of private property was enacted in February 2001 and provided a one-year deadline for filing claims. Documentary proof of those claims was required to be submitted by August 2002. This deadline was revised several times and finally set for May 14, 2003, due to the fact that claimants were experiencing great difficulty in obtaining from state archives the necessary documents to support their claims. More than two and a half years after enactment of the restitution law, the government finally promulgated regulations governing the documentation necessary to support property claims--on May 14, 2003, the same day as the deadline for filing those claims. Of 210,000 claims registered, only 6,300 properties have been returned. Commissioner Cardin described one Romanian case that suggests the kinds of struggles involved with restitution. The claimant in that case had clear title to the property and had won multiple cases in court--but was still unable to regain the property because the government would not relinquish it. Ultimately, the property was returned because of the international publicity it generated. Czech Republic The Czech Republic's restitution laws limit redress for confiscated properties to people who are currently citizens of the Czech Republic. Prior to 1999, Czech law prohibited naturalized U.S. citizens from having dual Czech and American citizenship. In order to participate in the property restitution program, therefore, Czech-Americans had to renounce their U.S. citizenship and few, if any, Czech-Americans exercised this option. In other words, at the same time the Czech Republic was being welcomed into NATO, Czech Americans were uniquely excluded by virtue of their U.S. citizenship from the possibility of regaining properties stolen from them by Nazi or communist regimes. (Czechoslovak citizens who sought refuge in other countries--e.g., Canada, France, or Australia--were not automatically stripped of their Czechoslovak citizenship and were therefore eligible to make restitution claims.) Some Czech parliamentarians have sponsored legislation to remedy this injustice, but the Czech Government has consistently opposed it. Serbia Since the fall of the Milosevic regime, civil society has sought to advance a number of initiatives to address past wrongs, including property reform. While privatization is an important component of economic reform, there is concern that insufficient consideration is given to individuals seeking restitution of property they or their families owned prior to World War II. One observer from the audience noted that the International Crisis Group and others have reported that corruption may make the privatization effort in Serbia all the more difficult for those with property claims. Addressing this issue, Ambassador Bell asserted that corruption inevitably slows down privatization. In addition, he noted that, although the Serbia-Montenegro Government has said it will restitute property seized during communist rule, no law has yet been put in place to do so. "There is a gap between what the new democratic Government of Serbia said when it took office, and what has happened," he said. There are people in the government of Serbia and Montenegro who are serious about reform, but it is a difficult struggle, he added. 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. United States Helsinki Commission Intern Lauren Smith contributed to this article.

  • Intolerance in Contemporary Russia

    Donald Kursch, senior advisor at the US Commission on Security and Cooperation in Europe, led this briefing regarding the emergence of bigotry and anti-semitic rhetoric in Russia. Kursch emphasized that the Russian Federation pledged to promote tolerance and non-discrimination and counter threats to security such as intolerance, aggressive nationalism, racist chauvinism, xenophobia and anti-Semitism.  In the then open environment that prevailed in Russia, proponents of bigotry were more at ease to propagate their unwelcome messages. Experts discussed current trends as well as prospects for fostering a climate of tolerance toward ethnic and religious minorities in the Russian Federation. Ludmilla Alexeyeva, Chairperson of the Moscow Helsinki Group, presented the group’s recent report entitled “Nationalism, Xenophobia and Intolerance in Contemporary Russia.”  Micah Naftalin, Executive Director of the Union of Councils for Jews in the Former Soviet Union presented its compilation on “Anti-Semitism, Xenophobia, and Religious Persecution in Russia’s Regions.”

  • Prospects for Ethnic Harmony in Kosovo

    Hon. Christopher H. Smith, Co-Chairman of the Commission on Security and Cooperation in Europe, presided this hearing on the prospects for ethnic harmony in Kosovo. The hearing discussed the situation of human rights in Kosovo, focusing on minority ethnic rights following the release of an OSCE-UNHCR report which emphasized the need for progress in upholding minority rights and refugee returns. Congressman Smith was joined by very distinguished witnesses. Alush A. Gashi, from the political party of Kosovo's President Rugova (LDK) and Foreign Affairs Secretary; Rada Trajkovic, leader of the Serb coalition within the Parliament and leader among the Serb community in Kosovo ("Povratak"); Valerie Percival, projector Director for the International Crisis Group (ICG); His Excellency Nebojsa Covic, Deputy Prime Minister of Serbia, with the responsability of representing Belgrade in Kosovo and southern Serbia; and Daniel Serwer, Director of Balkans Initiative.

  • Commission Hearing Examines Cooperation in the War on Terrorism in the OSCE Region

    United States and European officials testified before a May 8, 2002 hearing of the Commission on Security and Cooperation in Europe on the degree of cooperation among OSCE participating States in the war against terrorism. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing with participation by Ranking Member Rep. Steny H. Hoyer (D-MD), Commissioners Rep. Benjamin L. Cardin (D-MD), Rep. Joseph R. Pitts (R-PA), Rep. Alcee L. Hastings (D-FL), Rep. Frank R. Wolf (R-VA), and Rep. Robert B. Aderholt (R-AL). Portuguese Foreign Minister Antonio Martins da Cruz testified in his capacity as OSCE Chairman-in-Office, while Spain’s Ambassador to the United States, Javier Ruperez, spoke on behalf of the European Union. The State Department’s Principal Deputy Coordinator for Counter-Terrorism, Mark Wong, and the Treasury Department’s Under Secretary for Enforcement, Jimmy Gurulé, represented the Administration. OSCE to Focus on Policing, Border Control, Trafficking and Money Laundering While the OSCE participating States have undertaken anti-terrorism commitments dating as far back as the 1975 Helsinki Final Act, the September 11 terrorist attacks against the United States have given new urgency to cooperation in combating the threats posed by terrorism. Last December, the 55 participating States adopted a Decision on Combating Terrorism at the Bucharest OSCE Ministerial Meeting and subsequently agreed to a Plan of Action at an OSCE and UN-sponsored international conference on strengthening efforts to counter terrorism held in Bishkek, Kyrgyzstan. At the hearing, Foreign Minister Martins da Cruz outlined related measures taken under Portugal’s chairmanship, including the appointment of former Danish Defense Minister Jan Troejborg to serve as the Chairman’s personal representative in coordinating OSCE activities relating to terrorism. Martins da Cruz highlighted policing, border control, trafficking and money laundering as four strategic areas for OSCE focus and noted the establishment of an anti-terrorism unit within the OSCE Secretariat to develop concrete projects in these areas. The Minister described a meeting of secretaries general and other high representatives of international and regional organizations to be held in Lisbon, on June 12, with the aim of enhancing collaboration and coordination on anti-terrorism initiatives. Finally, the Foreign Minister suggested that new measures to fight terrorism, and the financing of it, could be elaborated in an OSCE charter on terrorism. Skeptics have questioned the need for such a charter given the extensive body of existing OSCE anti-terrorism commitments and action plans. Several Helsinki Commissioners emphasized the responsibility first and foremost of the participating States themselves to implement such commitments whether through unilateral or bilateral action as well as multilateral initiatives undertaken by the OSCE. Co-Chairman Smith noted that “terrorists survive and thrive thanks to organized criminal activity, official corruption, inadequate law enforcement and state repression. The OSCE has developed an ability unique among international organizations to highlight these problems and encourage solutions, through multilateral cooperation and the implementation of commitments made by each participating State.” Commission Chairman Senator Ben Nighthorse Campbell (R-CO) echoed this theme in prepared remarks, “The OSCE participating States can make a meaningful contribution to the antiterrorism campaign by focusing on the OSCE principles of democracy, human rights and the rule of law while promoting practical cooperation in combating corruption and international crime – issues closely linked to terrorism.” “It would be a mistake if the OSCE were to be a mere talk shop on terrorism,” commented Ranking Commissioner Steny H. Hoyer (D-MD). “The organization needs to engage: coordinating activities, reporting from the field, encouraging action to be taken as necessary by the participating States.” Commissioner Pitts, noting how many OSCE countries disregard their commitments, particularly in human rights, asked if there was really much value to negotiating an OSCE charter on terrorism instead of encouraging States to implement existing commitments. The Foreign Minister defended the proposal, arguing that a charter would serve as a useful guideline, especially for countries making the transition to a democracy. Contribution of the European Union Ambassador Javier Ruperez assured the Commission that the European Union “stands firmly with the people of this country, of the United States of America, and with its government in its common struggle against terrorism.” Ruperez then highlighted steps taken by the EU, leading up to the May 2nd Washington summit between President George W. Bush and EU President José María Aznar, with the fight against terrorism as its top priority. The EU Member States have agreed to a common definition of terrorism, adopted a Europe-wide arrest warrant (which the EU would like to extend bilaterally with the United States), and developed law enforcement and judicial cooperation through EUROPOL and EUROJUST. At the U.S.-EU summit, parties negotiated mandates for treaties on extradition and mutual legal assistance. Ruperez stressed the importance of ongoing efforts aimed at developing a consolidated list of individuals and organizations considered to be terrorist by both the EU and the United States. He expressed Spain’s pride in presiding over the EU while these developments were accomplished, especially given Spain’s own struggle against terrorism. Co-Chairman Smith stressed the need to cooperate not only in preventing terrorist acts, but in dealing with them once they occur. Noting the attack on the World Trade Center and the subsequent spread of anthrax in the mail in his own congressional district, Smith expressed shock at how unprepared the authorities were to deal with such catastrophic events. “It’s a matter of when and not if,” Smith said. “I hate to say it, but I think there are enough people who are so radical, so extreme and so full of hate with access to potential weapons of mass destruction that we’ve got to prepare for the worst and pray it never happens.” Views from State and Treasury Mark Wong of the State Department’s Office for Counter-Terrorism stressed President Bush’s definition of the campaign against terrorism as multi-dimensional, entailing not just bilateral but multilateral cooperation in a variety of areas. “All partners in this battle have something to contribute and we all need that contribution,” Mr. Wong said. “No nation, even one as powerful as the United States, can succeed in this long-term battle going it alone.” Mr. Wong praised the EU for its support of the United States, especially in regard to the military response and the efforts to cut terrorist financing. He also called the OSCE one of the “most energetic and cooperative organizations” not only in rallying its participating States to respond to terrorism but also in promoting human rights and democracy building, which, along with the rule of law are “fundamental elements of our broad-based counter-terrorism strategy.” Mr. Wong also said that OSCE police training activities, focused on the Balkans, are very useful in the long-range fight against terrorism. The Coordinator also noted OSCE comprehensive membership as an asset, and pointed to U.S.-Russian cooperation in the OSCE response to terrorism. In his testimony, Secretary Gurulé detailed accomplishments to date in cutting the finances of terrorists. “Treasury has named 210 individuals and entities as financiers of terrorism,” Gurulé said, “and has blocked over $34.3 million in assets. Our coalition partners have blocked an additional $81.3 million. One hundred ninety-six nations have expressed support to disrupt terrorist financing, and 161 nations have blocking orders in place. It would do little good if the Treasury Department issued blocking orders on the bank accounts of terrorist financiers but the terrorists were, nonetheless, able to move their money globally through foreign bank accounts. It was imperative to work closely with our international partners to develop an international coalition to go after terrorist funds.” Secretary Gurulé saw potential for the OSCE as a clearinghouse for linking particular needs of participating States regarding a range of issues from anti-terrorist financing initiatives to expertise of terrorist networks. He noted that there is the will to cooperate but sometimes not the technical ability, legislation or law enforcement mechanisms to conduct complex money laundering and terrorist financing investigations. Country Critiques Particular concerns regarding countries or geographic areas within the OSCE region were raised either during the hearing or in subsequent questions submitted to the State and Treasury Departments which, along with official responses, will become part of the hearing record. Belarus was highlighted for allegedly selling weapons to rogue state sponsors of terrorism. Recent reports that Ukraine and the Czech Republic had also sold or allowed the delivery of weapons to countries like Iraq were raised as well. Commission Members expressed fear that the United States was working with governments in countering terrorism threats that also used such threats as a pretext to deny basic human rights, silence opposition or thwart religious freedoms. Concerns were also voiced with respect to developments in Uzbekistan, Kazakhstan and Georgia. Inquiries were made regarding the extent to which the Russian Federation is cooperating on the financial front and in isolating terrorist-supporting states around the globe. Finally, southeastern Europe was noted for being vulnerable to organized crime and corruption, especially in smuggling and trafficking, which could be used to help finance terrorist organizations. With the OSCE Parliamentary Assembly’s Berlin Annual Session slated to focus on terrorism, several Commissioners asked the Administration witnesses for suggestions on issues relating to the war on terrorism which could be pursued during the course of the meeting in early July. 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.

  • Commission Hearing Examines Cooperation in the War on Terrorism in the OSCE Region

      United States and European officials testified before a May 8, 2002 hearing of the Commission on Security and Cooperation in Europe on the degree of cooperation among OSCE participating States in the war against terrorism. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing with participation by Ranking Member Rep. Steny H. Hoyer (D-MD), Commissioners Rep. Benjamin L. Cardin (D-MD), Rep. Joseph R. Pitts (R-PA),Rep. Alcee L. Hastings (D-FL), Rep. Frank R. Wolf (R-VA), and Rep. Robert B. Aderholt (R-AL). Portuguese Foreign Minister Antonio Martins da Cruz testified in his capacity as OSCE Chairman-in-Office, while Spain’s Ambassador to the United States, Javier Ruperez, spoke on behalf of the European Union. The State Department’s Principal Deputy Coordinator for Counter-Terrorism, Mark Wong, and the Treasury Department’s Under Secretary for Enforcement, Jimmy Gurulé, represented the Administration. OSCE to Focus on Policing, Border Control, Trafficking and Money Laundering While the OSCE participating States have undertaken anti-terrorism commitments dating as far back as the 1975 Helsinki Final Act, the September 11 terrorist attacks against the United States have given new urgency to cooperation in combating the threats posed by terrorism. Last December, the 55 participating States adopted a Decision on Combating Terrorism at the Bucharest OSCE Ministerial Meeting and subsequently agreed to a Plan of Action at an OSCE and UN-sponsored international conference on strengthening efforts to counter terrorism held in Bishkek, Kyrgyzstan. At the hearing, Foreign Minister Martins da Cruz outlined related measures taken under Portugal’s chairmanship, including the appointment of former Danish Defense Minister Jan Troejborg to serve as the Chairman’s personal representative in coordinating OSCE activities relating to terrorism. Martins da Cruz highlighted policing, border control, trafficking and money laundering as four strategic areas for OSCE focus and noted the establishment of an anti-terrorism unit within the OSCE Secretariat to develop concrete projects in these areas. The Minister described a meeting of secretaries general and other high representatives of international and regional organizations to be held in Lisbon, on June 12, with the aim of enhancing collaboration and coordination on anti-terrorism initiatives. Finally, the Foreign Minister suggested that new measures to fight terrorism, and the financing of it, could be elaborated in an OSCE charter on terrorism. Skeptics have questioned the need for such a charter given the extensive body of existing OSCE anti-terrorism commitments and action plans. Several Helsinki Commissioners emphasized the responsibility first and foremost of the participating States themselves to implement such commitments whether through unilateral or bilateral action as well as multilateral initiatives undertaken by the OSCE. Co-Chairman Smith noted that “terrorists survive and thrive thanks to organized criminal activity, official corruption, inadequate law enforcement and state repression. The OSCE has developed an ability unique among international organizations to highlight these problems and encourage solutions, through multilateral cooperation and the implementation of commitments made by each participating State.” Commission Chairman Senator Ben Nighthorse Campbell (R-CO) echoed this theme in prepared remarks, “The OSCE participating States can make a meaningful contribution to the antiterrorism campaign by focusing on the OSCE principles of democracy, human rights and the rule of law while promoting practical cooperation in combating corruption and international crime – issues closely linked to terrorism.” “It would be a mistake if the OSCE were to be a mere talk shop on terrorism, ” commented Ranking Commissioner Steny H. Hoyer (D-MD). “The organization needs to engage: coordinating activities, reporting from the field, encouraging action to be taken as necessary by the participating States.” Commissioner Pitts, noting how many OSCE countries disregard their commitments, particularly in human rights, asked if there was really much value to negotiating an OSCE charter on terrorism instead of encouraging States to implement existing commitments. The Foreign Minister defended the proposal, arguing that a charter would serve as a useful guideline, especially for countries making the transition to a democracy. Contribution of the European Union Ambassador Javier Ruperez assured the Commission that the European Union “stands firmly with the people of this country, of the United States of America, and with its government in its common struggle against terrorism.” Ruperez then highlighted steps taken by the EU, leading up to the May 2nd Washington summit between President George W. Bush and EU President José María Aznar, with the fight against terrorism as its top priority. The EU Member States have agreed to a common definition of terrorism, adopted a Europe-wide arrest warrant (which the EU would like to extend bilaterally with the United States), and developed law enforcement and judicial cooperation through EUROPOL and EUROJUST. At the U.S.-EU summit, parties negotiated mandates for treaties on extradition and mutual legal assistance. Ruperez stressed the importance of ongoing efforts aimed at developing a consolidated list of individuals and organizations considered to be terrorist by both the EU and the United States. He expressed Spain’s pride in presiding over the EU while these developments were accomplished, especially given Spain’s own struggle against terrorism. Co-Chairman Smith stressed the need to cooperate not only in preventing terrorist acts, but in dealing with them once they occur. Noting the attack on the World Trade Center and the subsequent spread of anthrax in the mail in his own congressional district, Smith expressed shock at how unprepared the authorities were to deal with such catastrophic events. “It’s a matter of when and not if,” Smith said. “I hate to say it, but I think there are enough people who are so radical, so extreme and so full of hate with access to potential weapons of mass destruction that we’ve got to prepare for the worst and pray it never happens.”Views from State and Treasury Mark Wong of the State Department’s Office for Counter-Terrorism stressed President Bush’s definition of the campaign against terrorism as multi-dimensional, entailing not just bilateral but multilateral cooperation in a variety of areas. “All partners in this battle have something to contribute and we all need that contribution,” Mr. Wong said. “No nation, even one as powerful as the United States, can succeed in this long-term battle going it alone.” Mr. Wong praised the EU for its support of the United States, especially in regard to the military response and the efforts to cut terrorist financing. He also called the OSCE one of the “most energetic and cooperative organizations” not only in rallying its participating States to respond to terrorism but also in promoting human rights and democracy building, which, along with the rule of law are “fundamental elements of our broad-based counter-terrorism strategy.” Mr. Wong also said that OSCE police training activities, focused on the Balkans, are very useful in the long-range fight against terrorism. The Coordinator also noted OSCE comprehensive membership as an asset, and pointed to U.S.-Russian cooperation in the OSCE response to terrorism. In his testimony, Secretary Gurulé detailed accomplishments to date in cutting the finances of terrorists. “Treasury has named 210 individuals and entities as financiers of terrorism,” Gurulé said, “and has blocked over $34.3 million in assets. Our coalition partners have blocked an additional $81.3 million. One hundred ninety-six nations have expressed support to disrupt terrorist financing, and 161 nations have blocking orders in place. It would do little good if the Treasury Department issued blocking orders on the bank accounts of terrorist financiers but the terrorists were, nonetheless, able to move their money globally through foreign bank accounts. It was imperative to work closely with our international partners to develop an international coalition to go after terrorist funds.” Secretary Gurulé saw potential for the OSCE as a clearinghouse for linking particular needs of participating States regarding a range of issues from anti-terrorist financing initiatives to expertise of terrorist networks. He noted that there is the will to cooperate but sometimes not the technical ability, legislation or law enforcement mechanisms to conduct complex money laundering and terrorist financing investigations. Country Critiques Particular concerns regarding countries or geographic areas within the OSCE region were raised either during the hearing or in subsequent questions submitted to the State and Treasury Departments which, along with official responses, will become part of the hearing record. Belarus was highlighted for allegedly selling weapons to rogue state sponsors of terrorism. Recent reports that Ukraine and the Czech Republic had also sold or allowed the delivery of weapons to countries like Iraq were raised as well. Commission Members expressed fear that the United States was working with governments in countering terrorism threats that also used such threats as a pretext to deny basic human rights, silence opposition or thwart religious freedoms. Concerns were also voiced with respect to developments in Uzbekistan, Kazakhstan and Georgia. Inquiries were made regarding the extent to which the Russian Federation is cooperating on the financial front and in isolating terrorist-supporting states around the globe. Finally, southeastern Europe was noted for being vulnerable to organized crime and corruption, especially in smuggling and trafficking, which could be used to help finance terrorist organizations. With the OSCE Parliamentary Assembly’s Berlin Annual Session slated to focus on terrorism, several Commissioners asked the Administration witnesses for suggestions on issues relating to the war on terrorism which could be pursued during the course of the meeting in early July. An un-official transcript of the hearing is accessible through the Helsinki Commission’s Internet web site at http://www.csce.gov. 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.

  • HEARING FOCUSES ON RUSSIAN-CHECHEN WAR

    By John J. Finerty CSCE Staff Advisor The United States Helsinki Commission conducted a hearing on the latest developments in the conflict in Chechnya on May 9, 2002. Commissioner Rep. Robert B. Aderholt (R-AL) chaired the hearing. Commissioners Rep. Joseph R. Pitts (R-PA) and Rep. Alcee L. Hastings (D-FL) also participated. Testifying before the Commission were Steven Pifer, Deputy Assistant Secretary for European and Eurasian Affairs at the U.S. Department of State; Ms. Aset Chadaeva, a pediatric nurse and former resident of Chechnya; Andrei Babitsky, Radio Liberty correspondent and author of Undesirable Witness; and Anatol Lieven, Senior Associate at the Carnegie Endowment for International Peace. “The United States Government is committed to doing all that we can to bring about an end to this conflict and to relieve the suffering of the civilian population,” testified Secretary Pifer. He asserted that the issue of Chechnya has been raised frequently by U.S. government officials with their counterparts, and President George W. Bush discussed it with President Vladimir Putin last November. “We anticipate it will come up at the summit in Moscow and St. Petersburg in two weeks,” Pifer said. “We seek a political settlement that will end the fighting, promote reconciliation, and recognize the territorial integrity of the Russian Federation [as well as] accountability for human rights abuses committed by all sides, and unimpeded access to the displaced by humanitarian organizations,” Pifer elaborated. Referring to U.S. concern about links of some Chechen forces with international terrorist groups, Secretary Pifer stated that the United States Government has called on Chechen President Aslan Maskhadov and other moderate Chechens to disassociate themselves from terrorists. On this point, Pifer noted the United States Government’s efforts to train and equip Georgian military units to deal with terrorist elements in the Pankisi Gorge adjacent to Chechnya’s southern border. Pifer testified that the United States has been the largest single provider of humanitarian aid to the North Caucasus. Since 1999 the U.S. Government has contributed more than 30 million dollars to relieve war-related suffering in the region. Ms. Chadaeva presented gripping testimony based on her work as a nurse in the Chechen town of Aldi on February 5, 2000, when Russian contract soldiers conducted a “cleansing operation” that left sixty civilians dead. “They threw grenades into basements where people were hiding,” Chadaeva said. “They executed unarmed men, women, old people and children. The victims ranged in age from a one-year-old baby to an eighty-two-year-old woman. They killed a woman who was eight months pregnant and her one-year-old son. All my patients who had been wounded during the bombings, who were getting well, were killed and their bodies burned.” Asked if the soldiers intended to kill their victims or if the casualties were the result of random grenades, Chadaeva replied, “these people were killed by being shot in the head...the soldiers knew exactly whom they were killing.” Concluding her description of wanton killing of Chechen civilians by Russian forces, Ms. Chadaeva asked “Is it really necessary to have millions of victims to call such behavior genocide? Isn’t the death of 100,000 Chechens since 1994 in the two Russian-Chechen wars sufficient reason for effective international action to end the conflict and the agony of the Chechen people?” Andrei Babitsky briefly described the fate of people killed for unknown reasons in Chechnya their bodies found bearing signs of torture. They were killed, he said, “as part of the anarchy and arbitrary rule which is now the order of the day in Chechnya.” The Radio Liberty correspondent then described the efforts made by Russian authorities, to prevent information about the war, especially human rights violations and atrocities against non-combatants, from reaching the general public. Moscow had succeeded in creating a “ghetto” of the war zone, he asserted, “shut off from the sight and influence of the outside world.” The main issue, Babitsky contended, is not how individual Russian journalists view the war. Most reporters agree with the official position that Moscow is waging an “anti-terrorist” and “anti-separatist” operation. “The main issue is that the Russian military and the Kremlin have banned reports on killings, torture and kidnaping of civilians by the Russian military,” Babitsky said. “The lack of information about Chechnya is one of the most effective ways to create a situation in which killers and kidnappers in epaulets can operate without legal accountability.” Regarding assertions by Moscow of Chechen involvement with Al Qaeda and the Taliban, Babitsky noted that during a recent visit to Afghanistan, neither he nor other Russian journalists found any Chechen fighters, despite a concerted search. Anatol Lieven observed that the United States now recognizes the presence of international Islamic militant forces in Chechnya and Georgia, whereas earlier, “this was downplayed or even ignored altogether by wide sections of U.S. officialdom, the media and public opinion.” The prevention or elimination of lawless areas and quasi-states in the Muslim world – of which Chechnya between 1996 and 1999 was one – is now recognized as a vital U.S. national interest, since such areas can all too easily become safe havens for Al Qaeda or allied groups,” Lieven continued. Nevertheless, Lieven stated, “while extremists and terrorists have established a strong presence in Chechnya, they have been able to do so because of the legitimate grievances and the great suffering of the Chechen people...The initial appearance of these forces – as in Afghanistan – was due to the brutal Russian military intervention of 1994-96; and the way in which they were able to carve out a powerful position for themselves in 1996-99 owed an enormous amount to the destruction, brutalization, and radicalization left behind by that war.” Summing up, Lieven suggested that U.S. goals should be the destruction or exclusion of the radicals followed by a sharp reduction of the Russian military presence, free elections for a Chechen administration, and the restoration of autonomy. However, he concluded, “before it can embark on any such path the U.S. needs to think very seriously about the correct balance between sympathy for Chechen suffering, respect for Russian security and sovereignty, and America’s own vital interests in this region, in the context of the wider war against terrorism.” An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission’s Internet web site. 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.

  • Hearing Focuses on Russian-Chechen War

    The United States Helsinki Commission conducted a hearing on the latest developments in the conflict in Chechnya on May 9, 2002. Commissioner Rep. Robert B. Aderholt (R-AL) chaired the hearing. Commissioners Rep. Joseph R. Pitts (R-PA) and Rep. Alcee L. Hastings (D-FL) also participated. Testifying before the Commission were Steven Pifer, Deputy Assistant Secretary for European and Eurasian Affairs at the U.S. Department of State; Ms. Aset Chadaeva, a pediatric nurse and former resident of Chechnya; Andrei Babitsky, Radio Liberty correspondent and author of Undesirable Witness; and Anatol Lieven, Senior Associate at the Carnegie Endowment for International Peace. “The United States Government is committed to doing all that we can to bring about an end to this conflict and to relieve the suffering of the civilian population,” testified Secretary Pifer. He asserted that the issue of Chechnya has been raised frequently by U.S. government officials with their counterparts, and President George W. Bush discussed it with President Vladimir Putin last November. “We anticipate it will come up at the summit in Moscow and St. Petersburg in two weeks,” Pifer said. “We seek a political settlement that will end the fighting, promote reconciliation, and recognize the territorial integrity of the Russian Federation [as well as] accountability for human rights abuses committed by all sides, and unimpeded access to the displaced by humanitarian organizations,” Pifer elaborated. Referring to U.S. concern about links of some Chechen forces with international terrorist groups, Secretary Pifer stated that the United States Government has called on Chechen President Aslan Maskhadov and other moderate Chechens to disassociate themselves from terrorists. On this point, Pifer noted the United States Government’s efforts to train and equip Georgian military units to deal with terrorist elements in the Pankisi Gorge adjacent to Chechnya’s southern border. Pifer testified that the United States has been the largest single provider of humanitarian aid to the North Caucasus. Since 1999 the U.S. Government has contributed more than 30 million dollars to relieve war-related suffering in the region. Ms. Chadaeva presented gripping testimony based on her work as a nurse in the Chechen town of Aldi on February 5, 2000, when Russian contract soldiers conducted a “cleansing operation” that left sixty civilians dead. “They threw grenades into basements where people were hiding,” Chadaeva said. “They executed unarmed men, women, old people and children. The victims ranged in age from a one-year-old baby to an eighty-two-year-old woman. They killed a woman who was eight months pregnant and her one-year-old son. All my patients who had been wounded during the bombings, who were getting well, were killed and their bodies burned.” Asked if the soldiers intended to kill their victims or if the casualties were the result of random grenades, Chadaeva replied, “these people were killed by being shot in the head...the soldiers knew exactly whom they were killing.” Concluding her description of wanton killing of Chechen civilians by Russian forces, Ms. Chadaeva asked “Is it really necessary to have millions of victims to call such behavior genocide? Isn’t the death of 100,000 Chechens since 1994 in the two Russian-Chechen wars sufficient reason for effective international action to end the conflict and the agony of the Chechen people?” Andrei Babitsky briefly described the fate of people killed for unknown reasons in Chechnya their bodies found bearing signs of torture. They were killed, he said, “as part of the anarchy and arbitrary rule which is now the order of the day in Chechnya.” The Radio Liberty correspondent then described the efforts made by Russian authorities, to prevent information about the war, especially human rights violations and atrocities against non-combatants, from reaching the general public. Moscow had succeeded in creating a “ghetto” of the war zone, he asserted, “shut off from the sight and influence of the outside world.” The main issue, Babitsky contended, is not how individual Russian journalists view the war. Most reporters agree with the official position that Moscow is waging an “anti-terrorist” and “anti-separatist” operation. “The main issue is that the Russian military and the Kremlin have banned reports on killings, torture and kidnaping of civilians by the Russian military,” Babitsky said. “The lack of information about Chechnya is one of the most effective ways to create a situation in which killers and kidnappers in epaulets can operate without legal accountability.” Regarding assertions by Moscow of Chechen involvement with Al Qaeda and the Taliban, Babitsky noted that during a recent visit to Afghanistan, neither he nor other Russian journalists found any Chechen fighters, despite a concerted search. Anatol Lieven observed that the United States now recognizes the presence of international Islamic militant forces in Chechnya and Georgia, whereas earlier, “this was downplayed or even ignored altogether by wide sections of U.S. officialdom, the media and public opinion.” The prevention or elimination of lawless areas and quasi-states in the Muslim world – of which Chechnya between 1996 and 1999 was one – is now recognized as a vital U.S. national interest, since such areas can all too easily become safe havens for Al Qaeda or allied groups,” Lieven continued. Nevertheless, Lieven stated, “while extremists and terrorists have established a strong presence in Chechnya, they have been able to do so because of the legitimate grievances and the great suffering of the Chechen people...The initial appearance of these forces – as in Afghanistan – was due to the brutal Russian military intervention of 1994-96; and the way in which they were able to carve out a powerful position for themselves in 1996-99 owed an enormous amount to the destruction, brutalization, and radicalization left behind by that war.” Summing up, Lieven suggested that U.S. goals should be the destruction or exclusion of the radicals followed by a sharp reduction of the Russian military presence, free elections for a Chechen administration, and the restoration of autonomy. However, he concluded, “before it can embark on any such path the U.S. needs to think very seriously about the correct balance between sympathy for Chechen suffering, respect for Russian security and sovereignty, and America’s own vital interests in this region, in the context of the wider war against terrorism.” An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission’s Internet web site. 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.

  • International Cooperation In The War On Terrorism

    Sen. Ben Nighthorse Campbell, Rep. Chris Smith, and witnesses discussed the OSCE’s efforts to coordinate counter-terrorism activities among its 55 member states, along with the level that these states are fulfilling their commitments to comply in the fight against terrorist activities and organizations. More specifically, the hearing focused on the financial and diplomatic dimensions of the war on terrorism, along with the European Union’s role in its efforts to fight terrorism in the OSCE region and the world over. This hearing took place with the recent U.S.-EU counter terrorism cooperation summit in mind.

  • Commission Staff Observes Ukrainian Elections

    By 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.

  • Cyprus Talks Focus of Commission Briefing

    By Chadwick R. Gore CSCE Staff Advisor The Helsinki Commission held a briefing on March 26 regarding possible outcomes of ongoing direct talks between Republic of Cyprus President Glafcos Clerides and Turkish Cypriot leader Rauf Denktash. The two leaders have been central figures in developments on the divided island nation for over a quarter century. Panelist Ian Lesser said the time is ripe for the two sides to settle this conflict. Lesser, a senior political scientist at the RAND Corporation, attributed the resumption of talks last December to the force of European Union membership. “The issue about European membership for Cyprus, but also in the broader sense European prospects for Turkey and the Europeanization of Greek policy over the last decade…has proved a key context for this [round of talks] to move forward,” Lesser stated. Panelist Doug Bandow, Senior Fellow at the CATO Institute, agreed with Lesser and laid out another catalyst for the talks. “I think what spurs the [talks] today certainly is the issue of the EU and whether or not Cyprus goes in; and in many ways, the Turkish threat, which they haven’t repeated recently but nevertheless hangs over the proceedings, of whether or not to annex the section of the island which the troops occupy,” Bandow said. Central issues which Clerides and Denktash will have to resolve during these talks come from both sides of the Green Line, the dividing line agreed to under the terms of the current United Nations-monitored cease fire. Turkish Cypriots are concerned for their safety on an island that is overwhelmingly Greek. The status of Turkish immigrants under a new form of government is an issue in which both sides take interest. According to Bandow, the citizens of the Republic of Cyprus, mainly of Greek ethnicity, are primarily concerned with “reimbursement for lost property, the right to travel throughout the island, the ability to go back to historic homelands, the notion of having a unified island again; where, in fact, Cyprus exists as a nation in which people are free within that island.” If indeed an agreement is reached between the two parties, the positive outcomes would extend beyond the island’s borders. Colonel Stephen R. Norton (U.S. Army, Ret.), a senior Policy Advisor at the Western Policy Center, expounded on the benefits of a solution. “First, it reduces the potential for conflict in the region. It strengthens NATO’s southern flank at a time when the alliance is deeply engaged in Balkan peacekeeping and the war on terrorism. It improves bilateral relations between NATO allies, Greece and Turkey. It enhances Turkey’s reputation with the European community and helps with its EU accession process – a very important item. It decreases long standing anti-Americanism in Greece. And, finally, it serves as an example where you have Christian and Muslim populations working out their problems together.” Asked how the United States, specifically, can deter another conflict on Cyprus, panelist Philip H. Gordon of the Brookings Institute and the Center on the United States and France, answered, “…every single party involved in this – Turkish Cypriots, Greek Cypriots, Greece, Turkey, EU and us – are worse off if this is not resolved by December and there’s a crisis.” If the solution is to be long lasting, the Cypriots must reach it themselves, Bandow concluded. Despite positive remarks about the situation, none of the four panelists were overly optimistic about the outcome of the current round of talks. Hesitant to set a deadline for an agreement, Gordon editorialized his thoughts, saying, “I think we need to be absolutely prepared for breakdowns in the talks, continued haggling between the two sides, literally up to the last minute, which is probably the EU’s Copenhagen Summit in December.” The Helsinki Commission also held a briefing on Tuesday, December 4, 2001 to explore the renewal of talks on Cyprus between Cypriot President Glafcos Clerides and Turkish Cypriot leader Rauf Denktash. The briefing featured United States Special Coordinator for Cyprus Ambassador Thomas G. Weston.

  • Romani Human Rights: Old Problems, New Possibilities

    This hearing discussed the mistreatment of the Romani, in particular the discrimination they face in Central and Eastern Europe. Witnesses commented on the exclusion of Romani from public facilities in several countries, which the governments justify as legal and legitimate public order measures. Witnesses also brought up articles in several European newspapers that explicitly described Roma children as less intelligent and more suited for “special” schools with limited academic resources. The hearing also discussed the use of a successful anti-discrimination program in Viden, Bulgaria as a model for other communities.

  • OSCE Parliamentary Assembly Delegation Visits Ukraine

    By Orest Deychakiwsky, CSCE Staff Advisor A delegation of nine parliamentarians from the Organization for Security and Cooperation in Europe’s Parliamentary Assembly (OSCE PA) representing eight countries, along with a Helsinki Commission staff member, traveled to Ukraine from January 30 – February 1, 2002 to learn about the progress which has been made in the development of democratic institutions on the basis of the rule of law, and how the cooperation with the OSCE Project Coordinator in Ukraine has facilitated related developments. The Office of the OSCE Project Coordinator has been functioning in Ukraine since 1999 and its projects aim at supporting Ukraine in the adaptation of its legislation, institutions and processes to the requirements of a modern democracy, based on the rule of law. The Delegation met with the OSCE Project Coordinator, representatives of the Constitutional and Supreme Courts, the Chairman of the Verkhovna Rada (Parliament), Members of the Ukrainian delegation to the OSCE PA, the Ombudsman of Ukraine, the Prosecutor General, and officials from the Ministries of Foreign Affairs, Defense and Justice. The representatives of these institutions commented favorably on the level of cooperation with the OSCE Project Coordinator and expressed thanks and strong support for the OSCE’s efforts in assisting their institutions with concrete projects. The delegation noted the expressed desire and practical efforts among the Ukrainian authorities to increase cooperation with European institutions. The Delegation has recommended that OSCE participating States continue their funding for OSCE projects in Ukraine and seek ways to increase the level of support. The delegation has also recommended that the OSCE Project Coordinator identify projects which would contribute to the protection of human and civil rights, the transition to civilian control over armed forces, the fight against terrorism, and the strengthening of the independent media. Subjects that touch upon human rights and rule of law in Ukraine also came up in the course of the meetings, including human trafficking, the upcoming March 31 parliamentary elections, and the unsolved case of murdered independent journalist Georgiy Gongadze. In response to a question by Commission staff about the possibility for the establishment of an independent commission of international experts into the Gongadze case, Prosecutor General Potebenko responded that he was interested in a full, open investigation and noted that foreign experts have been enlisted. He then questioned the motives of the United States in raising this case and called upon the U.S. Congress to assist in facilitating the extradition of Mykola Melnychenko, claiming that his extradition would speed up the investigation of the murder. Melnychenko was President Kuchma’s bodyguard whose secret recordings of conversations in the President’s office appear to link implicate him and top officials with the murder of Gongadze. Melnychenko was granted refugee status in the United States last April. Focusing on the upcoming elections and their potential in the consolidation of democracy in Ukraine, Helsinki Commission staff also met with the U.S. Ambassador to Ukraine, Carlos Pascual, and members of his staff, Agency for International Development (AID) officials, the Committee of Voters of Ukraine, representative of several Ukrainian political parties, and non-governmental organizations. On February 7, 2002, Commission Chairman Senator Ben Nighthorse Campbell (R-CO) introduced S. Res. 205, a resolution urging the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31 parliamentary elections. Senate Helsinki Commissioners Christopher J. Dodd (D-CT), Sam Brownback (R-KS) and Hillary Clinton (D-NY) have cosponsored this resolution. Earlier, on January 29, Helsinki Commissioner Rep. Louise Slaughter (D-NY), joined by Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and Rep. Joseph Hoeffel (D-PA), introduced a companion resolution – H. Res. 339 – in the House.

  • Introduction of S. Res. 205 on Parliamentary Elections in Ukraine

    Mr. President, as Chairman of the Commission on Security and Cooperation in Europe, I today am introducing a resolution urging the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31, 2002 parliamentary elections. I am pleased to be joined by fellow Commissioners Dodd and Brownback. Several of our colleagues from the House have introduced a companion resolution. Ukraine's success as an independent, democratic state is vital to the stability and security in Europe, and that country has, over the last decade, enjoyed a strong relationship with the United States. The Helsinki Commission has monitored closely the situation in Ukraine and has a long record of support for the aspirations of the Ukrainian people for human rights and democratic freedoms. Ukraine enjoys goodwill in the Congress and remains one of our largest recipients of assistance in the world. Clearly, there is a genuine desire that Ukraine succeed as an independent, democratic, stable and economically successful state.   It is against this backdrop that I introduce this resolution, as a manifestation of our concern about Ukraine's direction at this critical juncture. These parliamentary elections will be an important indication of whether Ukraine moves forward rather than backslides on the path to democratic development. Indeed, there has been growing cause for concern about Ukraine's direction over the last few years. Last May, I chaired a Helsinki Commission hearing: “Ukraine at the Crossroads: Ten Years After Independence.'' Witnesses at that hearing testified about problems confronting Ukraine's democratic development, including high-level corruption, the controversial conduct of authorities in the investigation of murdered investigative journalist Heorhiy Gongadze and other human rights problems. I had an opportunity to meet Mrs. Gongadze and her daughters who attended that hearing. While there has been progress over the last few months with respect to legislation designed to strengthen the rule of law, it is too early to assert that Ukraine is once again moving in a positive direction. With respect to the upcoming elections, on the positive side we have seen the passage of a new elections law which, while not perfect, has made definite improvements in providing safeguards to meet Ukraine's international commitments. However, there are already concerns about the elections, with increasing reports of violations of political rights and freedoms during the pre-campaign period, many of them documented in reports recently released by the non-partisan, non-government Committee on Voters of Ukraine, CVU.   It is important for Ukraine that there not be a repeat of the 1999 presidential elections which the Organization for Security and Cooperation in Europe, OSCE, stated were marred by violations of the Ukrainian election law and failed to meet a significant number of commitments on the conduct of elections set out in the 1990 OSCE Copenhagen Document. Therefore, this resolution urges the Ukrainian Government to enforce impartially the new election law and to meet its OSCE commitments on democratic elections and to address issues identified by the OSCE report on the 1999 presidential election such as state interference in the campaign and pressure on the media. The upcoming parliamentary elections clearly present Ukraine with an opportunity to demonstrate its commitment to OSCE principles. The resolution we introduce today is an expression of the importance of these parliamentary elections, which could serve as an important stepping-stone in Ukraine's efforts to become a fully integrated member of the Europe-Atlantic community of nations.   SENATE RESOLUTION 205--URGING THE GOVERNMENT OF UKRAINE TO ENSURE A DEMOCRATIC, TRANSPARENT, AND FAIR ELECTION PROCESS LEADING UP TO THE MARCH 31, 2002, PARLIAMENTARY ELECTIONS   Mr. Campbell (for himself, Mr. Dodd, and Mr. Brownback) submitted the following resolution; which was referred to the Committee on Foreign Relations: S. Res. 205 Whereas Ukraine stands at a critical point in its development to a fully democratic society, and the parliamentary elections on March 31, 2002, its third parliamentary elections since becoming independent more than 10 years ago, will play a significant role in demonstrating whether Ukraine continues to proceed on the path to democracy or experiences further setbacks in its democratic development;   Whereas the Government of Ukraine can demonstrate its commitment to democracy by conducting a genuinely free and fair parliamentary election process, in which all candidates have access to news outlets in the print, radio, television, and Internet media, and nationally televised debates are held, thus enabling the various political parties and election blocs to compete on a level playing field and the voters to acquire objective information about the candidates;   Whereas a flawed election process, which contravenes commitments of the Organization for Security and Cooperation in Europe (OSCE) on democracy and the conduct of elections, could potentially slow Ukraine's efforts to integrate into western institutions;   Whereas in recent years, government corruption and harassment of the media have raised concerns about the commitment of the Government of Ukraine to democracy, human rights, and the rule of law, while calling into question the ability of that government to conduct free and fair elections; Whereas Ukraine, since its independence in 1991, has been one of the largest recipients of United States foreign assistance;   Whereas $154,000,000 in technical assistance to Ukraine was provided under Public Law 107-115 (the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 2002), a $16,000,000 reduction in funding from the previous fiscal year due to concerns about continuing setbacks to needed reform and the unresolved deaths of prominent dissidents and journalists;   Whereas Public Law 107-115 requires a report by the Department of State on the progress by the Government of Ukraine in investigating and bringing to justice individuals responsible for the murders of Ukrainian journalists;   Whereas the disappearance and murder of journalist Heorhiy Gongadze on September 16, 2000, remains unresolved;   Whereas the presidential election of 1999, according to the final report of the Office of Democratic Institutions and Human Rights (ODIHR) of OSCE on that election, was marred by violations of Ukrainian election law and failed to meet a significant number of commitments on democracy and the conduct of elections included in the OSCE 1990 Copenhagen Document;   Whereas during the 1999 presidential election campaign, a heavy pro-incumbent bias was prevalent among the state-owned media outlets, members of the media viewed as not in support of the president were subject to harassment by government authorities, and pro-incumbent campaigning by state administration and public officials was widespread and systematic;   Whereas the Law on Elections of People's Deputies of Ukraine, signed by President Leonid Kuchma on October 30, 2001, was cited in a report of the ODIHR dated November 26, 2001, as making improvements in Ukraine's electoral code and providing safeguards to meet Ukraine's commitments on democratic elections, although the Law on Elections remains flawed in a number of important respects, notably by not including a role for domestic nongovernmental organizations to monitor elections; Whereas according to international media experts, the Law on Elections defines the conduct of an election campaign in an ambiguous manner and could lead to arbitrary sanctions against media operating in Ukraine;   Whereas the Ukrainian Parliament (Verkhovna Rada) on December 13, 2001, rejected a draft Law on Political Advertising and Agitation, which would have limited free speech in the campaign period by giving too many discretionary powers to government bodies, and posed a serious threat to the independent media;   Whereas the Department of State has dedicated $4,700,000 in support of monitoring and assistance programs for the 2002 parliamentary elections;   Whereas the process for the 2002 parliamentary elections has reportedly been affected by apparent violations during the period prior to the official start of the election campaign on January 1, 2002; and   Whereas monthly reports for November and December of 2001 released by the Committee on Voters of Ukraine (CVU), an indigenous, nonpartisan, nongovernment organization that was established in 1994 to monitor the conduct of national election campaigns and balloting in Ukraine , cited five major types of violations of political rights and freedoms during the pre-campaign phase of the parliamentary elections, including-- (1) use of government position to support particular political groups; (2) government pressure on the opposition and on the independent media; (3) free goods and services given in order to sway voters; (4) coercion to join political parties and pressure to contribute to election campaigns; and (5) distribution of anonymous and compromising information about political opponents:   Now, therefore, be it Resolved, That the Senate— (1) acknowledges the strong relationship between the United States and Ukraine since Ukraine's independence more than 10 years ago, while understanding that Ukraine can only become a full partner in western institutions when it fully embraces democratic principles; (2) expresses its support for the efforts of the Ukrainian people to promote democracy, the rule of law, and respect for human rights in Ukraine; (3) urges the Government of Ukraine to enforce impartially the new election law, including provisions calling for— (A) the transparency of election procedures; (B) access for international election observers; (C) multiparty representation on election commissions; (D) equal access to the media for all election participants; (E) an appeals process for electoral commissions and within the court system; and (F) administrative penalties for election violations; (4) urges the Government of Ukraine to meet its commitments on democratic elections, as delineated in the 1990 Copenhagen Document of the Organization for Security and Cooperation in Europe (OSCE), with respect to the campaign period and election day, and to address issues identified by the Office of Democratic Institutions and Human Rights (ODIHR) of OSCE in its final report on the 1999 presidential election, such as state interference in the campaign and pressure on the media; and (5) calls upon the Government of Ukraine to allow election monitors from the ODIHR, other participating states of OSCE, and private institutions and organizations, both foreign and domestic, full access to all aspects of the parliamentary election process, including— (A) access to political events attended by the public during the campaign period; (B) access to voting and counting procedures at polling stations and electoral commission meetings on election day, including procedures to release election results on a precinct by precinct basis as they become available; and (C) access to postelection tabulation of results and processing of election challenges and complaints

  • Belarus - Opportunities Squandered

    Mr. President. Periodically, I have addressed my colleagues in the United States Senate on developments in the last dictatorship in Europe -- Belarus. More than five months have passed since the September 9, 2001 Belarusian Presidential elections, which the Organization for Security and Cooperation in Europe (OSCE), as well as the Helsinki Commission, which I chair, concluded did not meet international democratic standards. Since that time, the Belarusian leadership has had ample opportunity to begin to live up to its freely-undertaken OSCE human rights and democracy commitments. Thus far, these opportunities have been squandered. As Secretary of State Powell remarked in his speech at the December 2001 meeting of OSCE Ministers in Bucharest: “The Government of Belarus ignored the recommendations of the OSCE on what conditions would need to be established in order for free and fair elections to take place. It is unfortunate, indeed, that the government of Belarus continues to act in a manner that excludes Belarus from the mainstream of European political life.” Since September, human rights violations have continued. There has been no progress with respect to resolving the cases of opposition leaders and journalists who “disappeared” in 1999-2000. Belarusian leader Aleksandr Lukashenka has retaliated against opposition members, independent journalists, human rights activists and others, especially young people. Beatings, detentions, fines and other forms of pressure have continued unabated. To cite just one example, two defendants in a criminal case against Alexander Chygir, son of leading Lukashenka opponent and former Prime Minister, Mikhail Chygir, were reportedly beaten and otherwise maltreated during pre-trial detention. Criminal cases have been launched against journalists and NGOs as well. A number of leading industrialists have been arrested on what some observers believe are politically motivated charges. Freedom of religion is also an area of concern. The registration scheme, required for a group to obtain full legal rights, is the ultimate “catch-22." Registration cannot be granted without a legal address; a legal address cannot be obtained without registration. Even the state controlled media is a concern for religious freedom, due to the highly critical reports in newspapers and television about the Catholic Church and Protestant churches. Very recently, the regular broadcast on national radio of a Miensk Catholic mass was unexpectedly halted. Efforts to promote human rights and expand support and develop civil society in Belarus are being thwarted. The Belarusian government has threatened the OSCE Mission in Miensk with what amounts to expulsion unless the mandate of the Mission is changed more to its liking and has shown reluctance to accept a new Head of Mission. It is vital that the OSCE be allowed to continue its important work in developing genuine democratic institutions and a strong civil society in Belarus. Mr. President, I am also deeply troubled by allegations that Belarus has been acting as a supplier of lethal military equipment to Islamic terrorists, a charge that the Belarusian Government has denied. I ask unanimous consent that the text of a recent article that appeared in the Washington Post titled “Europe’s Armory for Terrorism” appear in the Record at this time. Mr. President, the troubling allegations contained in this article are a reminder of the importance of remaining steadfast in supporting democracy, human rights and the rule of law in Belarus. The lack of functioning democratic institutions, including an independent parliament, together with suppression of free media contribute to an environment void of accountability. Writing off Belarus as a backwater in the heart of Europe would play into the hands of the Lukashenka regime with disastrous consequences not only for the Belarusian people. Mr. President, it is more important than ever for the OSCE to maintain a strong presence on the ground in Belarus and for the United States to continue to support democratic development in that country. I ask unanimous consent that the Washington Post article “Europe's Armory for Terrorism” be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: From the Washington Post, Jan. 3, 2002 Europe's Armory for Terrorism By Mark Lenzi The country in Europe that deserves the most attention for its support of terrorist groups and rogue states continues to receive the least. That is the lawless and undemocratic country of Belarus, under the rule of Alexander Lukashenko. Without a doubt no world leader benefitted more from the September terror attacks than Lukashenko, Europe's last dictator, whose ultimate wish is to reunite the Soviet Union. Just as world scrutiny and condemnation were beginning to mount after his rigged and falsified presidential election of Sept. 9 the tragic events two days later took Washington's quick glance away from this little-known and backward country. Washington needs to wake up to what is happening in NATO's backyard: Belarus is quietly acting as a leading supplier of lethal military equipment to Islamic radicals--with terrorists and militant organizations in the Middle East, Balkans and Central Asia often the recipients. In 1994, Lukashenko's first year as president, Belarus sold machine guns and armored vehicles to Tajikistan. This equipment quickly made its way into the hands of warring factions in neighboring Afghanistan, as well as Islamic freedom fighters aiming to overthrow the government in Tajikistan itself--ironically the same country where Belarus's big brother, Russia, has thousands of soldiers stationed to protect Central Asia and Russia from Islamic destabilization. Many of Lukashenko's arms deals have followed a similar pattern: Weapons sent from Belarus are “diverted'' from a listed destination country to an Islamic extremist group or a country under U.N. arms embargo while Belarusian government officials cast a blind eye on the transactions. While it is deplorable that Belarus's weapons have been responsible for prolonging civil wars and internal strife in countries such as Tajikistan, Angola and Algeria, it is particularly disturbing that Sudan, a country where Osama bin Laden used to live and one that is known as a haven for terrorists, has obtained from Belarus such proven and capable weapon systems as T-55 tanks and Mi-24 Hind Helicopter gunships. Weapons sent from Belarus to Sudan either fall into the hands of terrorists or are used in a civil war that has already killed more than 2 million people. Lukashenko's efforts to sell weapons to generate much-needed income for his beleaguered economy appear to have no bounds. For a country of only 10 million people, it is unsettling that Belarus is ranked year after year among the top 10 weapons-exporting countries. To put in perspective how much military equipment left over from the Soviet Union Lukashenko has at his disposal, consider the following fact: The Belarusian army has 1,700 T-72 battle tanks. Poland, a new NATO member with the most powerful army in Central Europe and with four times the population of Belarus, has only 900 T-72s. Despite strong denials from Lukashenko, Belarus has been a key partner of Saddam Hussein in his effort to rebuild and modernize Iraq's air defense capability. Belarus has violated international law by secretly supplying Baghdad with SA-3 antiaircraft missile components as well as technicians. Given that Iraq has repeatedly tried to shoot down U.S. and British aircraft patrolling the U.N. no-fly zone--with more than 420 attempts this year alone--covert Belarusian-Iraqi military cooperation is disturbing and should set off alarm bells in Western capitals. Former Belarusian defense minister Pavel Kozlovski, obviously someone with firsthand knowledge of Minsk's covert arms deals, recently summed up Belarus's cooperation with Iraq and other rogue states by saying, “I know that the Belarusian government does not have moral principles and can sell weapons to those countries [such as Iraq] where embargoes exist. This is the criminal policy of Belarusian leadership.'' In many ways, the mercurial and authoritarian Lukashenko feels he has a free hand to sell arms to nations and groups that are unfriendly to the West, because the European Union and the United States do not recognize him as the legitimate Belarusian head of state anyway. Threats of U.S.-led economic sanctions or other diplomatic “sticks'' against Belarus hold little weight, since the country is already isolated to a degree rivaled only by a handful of other countries. It is only thanks to cheap energy subsidies from Russia that the Belarusian economy remains afloat. Since Russia is the only country that has the necessary economic and political influence on Belarus, it is imperative that Washington use its new relationship with Moscow to encourage the Russians to exert their leverage on Belarus to cease covert arms sales to rogue states and terrorist groups. In the Bush administration's worldwide effort to combat terrorism, it should not overlook a little-known country right on NATO's border.

  • Ambassador Stephan H. Minikes

    Mr. President, as Chairman of the Helsinki Commission, I take this opportunity to welcome the recent swearing-in of Stephan M. Minikes to serve as U.S. Ambassador to the Organization for Security and Cooperation in Europe, OSCE. Prior to that ceremony, I met with Steve to discuss priority issues on the Commission's agenda, including the promotion of democracy, human rights and economic liberty as well as such pressing concerns as international crime and corruption and their links to terrorism. The Commission remains keenly interested in the OSCE as a tool for promoting human rights and democratic development and advancing United States interests in the expansive 55-nation OSCE region. The terrorist attacks of September 11 represented an assault on the principles of democracy, human rights and the rule of law: core principles at the heart of the OSCE. It is crucial that we redouble our efforts to advance these fundamental principles throughout the OSCE region even as we pursue practical cooperation aimed at rooting out terrorism. The OSCE provides an important framework for advancing these vital and complementary objectives. I am confident that Steve will draw on his extensive and varied experiences as he assumes his duties as U.S. Ambassador to the OSCE and I look forward to working with him and his team in Vienna. I ask unanimous consent that Secretary of State Powell's eloquent prepared remarks delivered at Ambassador Minikes' swearing-in ceremony be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: Remarks of Secretary of State Colin L. Powell at the Swearing-in of Stephan M. Minikes Ambassador Ducaru: Distinguished Guests, welcome to The Department of State. It is my honor and pleasure today to swear-in a distinguished civic leader as our next Ambassador to the Organization for Security and Cooperation in Europe: Steve Minikes. As a boy in Nazi Germany, Steve knew what it is like to live under oppression. His relatives died in concentration camps. He saw hate consume a country, ravage a continent, and cause a world war. Later, he saw a devastated Europe divided by force and a hot war replaced by a cold one. And since the age of eleven, when he found his new home in America, Steve Minikes has never for a minute taken freedom for granted, not his or anyone else's. And so, when President Bush selected Steve to be his personal envoy to the OSCE, he knew that he was choosing a person who would be deeply committed to the fundamental principles of the Helsinki process. The President knew that Steve needed no convincing that human rights, the rule of law and democracy are inextricably linked to prosperity, stability and security. And the President knew that in Steve he was choosing someone who would work hard and well to realize, in all its fullness, the dream of a Europe whole and free. And so, Ladies and Gentlemen, Steve Minikes will bring to his new position a deep commitment to serve the country that gave him a new life, and a strong determination to help the continent of his birth attain its highest hopes. And Steve will bring a lot more to the table besides. He will bring expertise in and out of government that spans the law, management, banking, trade, energy and defense. He will bring a reputation for excellence and dedication that extends from the corporate world to Capitol Hill, from the Pentagon to the White House, as the presence here of friends from Congress and from a wide range of federal agencies attests. Steve also brings his experience as a Director of the Washington Opera, which will serve him very well at OSCE. Think about it. Conducting multilateral diplomacy with 54 other sovereign countries: countries as big as Russia, Germany and the United States on the one hand, and as small as Liechtenstein, San Marino and Malta on the other. And each of them with a veto. That's a lot like staging the elephant scene from Aida, only easier. The American people are truly fortunate that they can count on a citizen as accomplished and admired as Steve to represent them at so important a forum as the OSCE. I know that Steve would be the first to agree with me, however, when I say that we would not have been able to contribute so much to his community and his country, had it not been for the love and support of his family. I want to especially welcome his partner in life, Dede and their daughter Alexandra and her husband Julian. A warm greeting as well to Dede's sister Jackie and brother Peter and their families. I think they all deserve a round of applause. Ladies and Gentlemen: Twenty-six years ago when President Ford signed the Final Act in Helsinki, he said that the Helsinki process would be judged not by the promises made but by the promises kept. Thanks in incalculable measure to the men and women who braved totalitarian repression to ensure that the promises made in Helsinki would be kept, all 55 members of the OSCE are truly independent nations today, able to chart their own course for a new century. The promises made in Helsinki during the Cold War and reaffirmed during the post-Cold War period, are still fundamental to European security and cooperation in this post-, post-Cold War world. And, like all his predecessors from Gerald Ford to William Clinton, President Bush is strongly committed to fulfilling the promise of Helsinki. The President and I are counting on you, Steve, to work with our fellow member states, with the various OSCE institutions that have been established, and, of course, with the Members of the U.S. Commission on Security and Cooperation in Europe, to that noble end. Human rights and fundamental freedoms remain the heart and soul of OSCE. Keep them in the spotlight. Democracy and the rule of law are key to fighting hatred, extremism and terrorism. Work with our OSCE partners, the Office for Democratic Institutions and Human Rights and the Representative for Free Media to consolidate democratic processes and promote freedom of expression. Help OSCE foster ethnic tolerance. Help it protect human dignity by strengthening efforts against trafficking in persons. We also look to you, Steve, with your private sector experience, to explore ways to develop OSCE's economic and environmental dimensions. OSCE has done some good work on corruption and good governance. Portugal, the incoming Chairman-in-Office, has some interesting ideas on transboundary water issues. Help us think about what else we might do. The President and I also depend on you to utilize and strengthen OSCE's unique capacities for conflict prevention and crisis management. To work with OSCE's High Commissioner on National Minorities in addressing the root causes of ethnic conflict. We will also look to you to support OSCE's field missions which are contributing to stability from Tajikistan to Kosovo. In the security dimension of OSCE, good progress has been made in meeting conventional force reduction commitments. We will count on you, Steve, to help resolve the remaining issues. The Voluntary Fund for Moldova is a valuable tool for getting rid of weapons and ammunition. Keep using it. OSCE's action plan will be valuable in fighting terrorism. Implementation is critical. Keep the momentum going. Institutionally speaking, OSCE's strengths remain its flexibility, the high degree of political will that is reflected in its consensus decisions, and the politically binding nature of its commitments. As OSCE considers how it might best adapt to changing needs, do not compromise these strengths. Build upon them. Ladies and Gentlemen, next week, Steve and I will travel to Bucharest for a meeting of the OSCE Ministerial Council. There, the Chairmanship-in-Office will pass from the capable hands of Romania into the able hands of Portugal. And I will just as confidently witness the passing of the baton from Ambassador Johnson to Ambassador Minikes. There is a great deal of important work ahead for the OSCE. There are still many promises to keep. And Steve, the President and I know that you will help us keep them. You and Dede have President Bush's and my best wishes as you embark upon your new mission for our country. And now it is my pleasure to administer the oath of office.

  • The Status of Cyprus

    Ronald J. McNamara, Chief of Staff of the Commission on Security and Cooperation in Europe, moderated this briefing on developments in Cyprus. The nation of Cyprus was an original participating State in the then-Conference on Security and Cooperation in Europe, now known as the Organization for Security and Cooperation in Europe (OSCE). The focus was the human dimension and other basic human rights issues, such as freedom of movement. Mr. McNamara was joined by Ambassador Thomas G. Weston, who had, since August 1999, served as the United States Special Coordinator for Cyprus.  

  • Helsinki Commission Hearing Examines Situation in Moldova

    By John Finerty CSCE Staff Advisor The United States Helsinki Commission held a hearing on September 25, 2001 to examine the situation in Moldova, with a specific focus on developments in the Transdniestria region and the withdrawal of Russian military forces as well as armaments and ammunition from Moldova. After years of delay and uncertainty, the Russian Government has made considerable progress in removing its armed forces and military equipment from Moldova in accordance with the 1999 Istanbul Declaration of the Organization for Security and Cooperation in Europe (OSCE) and the 1990 Conventional Forces in Europe Treaty (CFE). By mid-November 2001, the Treaty Limited Equipment (heavy weaponry) under the CFE were removed or destroyed. Russian armed forces are to be withdrawn by the end of 2002. Implementation of the agreements has been assisted by a voluntary fund established under the auspices of the OSCE. Russia’s continued military presence in the sovereign nation of Moldova has been an unresolved and contentious issue since the breakup of the Soviet Union, when units of the Soviet 14th Army (now known as the Operative Group of Russian Forces) remained stationed in the Transdniestria region of Moldova. Some elements of the 14th Army assisted the pro-Moscow leadership of Transdniestria to secede from Moldova in 1991-2 and establish an unrecognized political entity known as the Dniestr Moldovan Republic (DMR). The current leadership of the DMR has strenuously protested the recent destruction of tanks and armored combat vehicles, seeking to secure some of the hardware for itself. Testifying at the hearing were Ambassador Steven Pifer, Deputy Assistant Secretary of State of the Bureau of European and Eurasian Affairs; Ambassador Ceslav Ciobanu, Ambassador of the Republic of Moldova to the United States; Dr. Kimmo Kiljunen, Member of the Parliament of Finland and Chairman of the OSCE Parliamentary Assembly's Working Group on Moldova; Ambassador William Hill, Head of the OSCE Mission to Moldova; and Dr. Charles King, Assistant Professor, School of Foreign Service and Department of Government at Georgetown University. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing with Commissioners Rep. Joseph R. Pitts (R-PA), Rep. Zach Wamp (R-TN), Rep. Robert B. Aderholt (R-AL) and Rep. Alcee L. Hastings (D-FL) participating. In response to a question by Co-Chairman Smith regarding the logistical and political problems facing troop withdrawal and weapons destruction, Ambassador Pifer replied that the main challenge is political, not logistical. Ambassador Hill added that the Russian Government appears prepared to leave; however, there is much resistance on the part of the Transdniestrian regime, since Tiraspol has relied on Russian troops as a “de facto shield” against attack, whether it would come from Moldova or elsewhere. Ambassador Pifer said the Russian Government is “on a schedule that will bring them down to zero tanks, armored combat vehicles and artillery by the end of the year,” which proved to be the case. He added that the difficult logistical challenges arise in the disposition of ammunition and small arms. According to Ambassador Pifer, the United States and Russia “want to make sure that these are eliminated and do not fall into the wrong hands.” Ambassador Pifer reported that the United States has already contributed $300,000 to the voluntary fund for destruction of equipment, as well as $69 million in financial assistance to Moldova from the Agency for International Development and other agencies. Responding to a question from Commissioner Hastings regarding U.S. assistance, “in the furtherance of Moldova’s involvement in the Stability Pact and in their overall re-development,” Ambassador Pifer pointed to U.S. assistance in helping Moldova integrate into European institutions. He continued that it is important that a “total commitment come from the United States and the European Union together.” Commissioner Pitts raised the possibility that perhaps Moscow is using the withdrawal tactic to gain concessions from the Moldovan Government in terms of the status of Transdniestra. Ambassador Hill described Russia as “deeply divided on this issue.” Most Russians realize that it is important to leave, but others see Transdniestra as part of Russia and thus desire the continued separation from Moldova. Commissioner Aderholt raised the question of the Moldovan Government’s efforts in resolving the Transdniestrian issue. Ambassador Ciobanu testified that the new Moldovan leadership, under President Vladimir Voronin has “resumed the dialogue with the separatist leaders” and “proposed a whole package of measures with a view of granting Transdniestria the status of a broad, regional self-government but preserving the sovereignty and territorial integrity of the Republic of Moldova.” Ambassador Ciobanu expressed dismay that Transdniestrian officials have not responded positively, but rather Transdniestria’s separatist position “became even tougher.” As a result, Ciobanu added, “We have reached the critical limits of possible concessions from our part.” Future concessions must come from Transdniestra and the international community should, according to the Moldovan Ambassador, commit to exerting pressure on the Transdniestrian regime. Dr. Kiljunen described the efforts made by the Working Group on Moldova to facilitate a dialogue between Chisinau and Tiraspol. The current Communist-led government enjoys a stable majority in the parliament and, according to Dr. Kiljunen, has “contributed [to] the solution of this Transdniestrian issue.” Dr. Kiljunen added that Russia should continue to be involved in Transdniestra as part of its “international commitments” to create stability in the region. With a more pessimistic view of the Transdniestrian conundrum, Dr. King suggested the current approach of the OSCE and the international community may have run its course. For the past ten years, he noted, “the people of Transdniestria have gone about, with the support of the Russian Federation, building something like a functioning state.” In fact, the last ten years have “strengthened Transdniestrian statehood,” instead of working towards reunification with Moldova. Today it is increasingly difficult to reintegrate these two societies because “they are fundamentally separate now.” The so-called Dniestr Moldovan Republic has solidified its position, and it may be too late for the type of resolution typically envisioned by the international community. Commissioner Wamp asked if the Moldovan Government provided for basic freedoms, including movement, religion, and elections. Dr. King responded that Moldova has made remarkable progress in “implementing freedoms across the board.” Freedom of movement, in particular, is relatively easy for average Moldovans; however, the Transdniestrian authorities have frequently obstructed freedom of movement across the border for Moldovan officials. Ambassador Hill suggested one problem in Moldova is not freedom of religion, but rather politicalization of the Orthodox Church. The European Court in Strasbourg is currently examining a suit against the Moldovan Government for not registering the Bessarabian Orthodox Church which sees itself as the legal successor to the pre-war Romanian Orthodox Church in Moldova. With respect to elections in Moldova, Dr. Kiljunen stated they have been free and fair. However, not all adults in the Transdniestra region were able to vote. “It was only a token, a small token...who really voted.” In addition, there have been parliamentary elections in Transdniestra itself. Because these elections were not observed, it is not known how fair and democratic they have been. Co-Chairman Smith noted Moldova’s status as a major source of trafficked women to Europe and inquired about the Moldovan Government’s response. Ambassador Pifer noted that the Moldovan Government has become more aware of the problem, and has begun to change some of its domestic legislation to include harsher penalties for trafficking. To help the women, Moldova has established a women’s crisis hotline center. Pifer said Moldova is attempting to recognize trafficked women as victims, not as prostitutes. Ambassador Ciobanu elaborated that Moldova has established a special governmental commission to deal with this issue. More importantly, Ciobanu added that Moldova is initiating economic and social programs in order to provide “some engagement, some jobs, [and] some prospectives for these young women in Moldova.”   Helsinki Commission intern Lauren Friend contributed to this article.

  • Helsinki Commission Examines U.S. Policy toward the OSCE

    By Erika B. Schlager, CSCE Counsel for International Law On October 3, the Helsinki Commission held a hearing on "U.S. Policy toward the OSCE." Originally scheduled for September 12, the hearing was postponed after the September 11 terrorist attacks. This hearing was convened to examine U.S. priorities and human rights concerns in the OSCE region; how the OSCE can serve to advance those goals and address human rights violations; the pros and cons of the institutionalization and bureaucratization of the OSCE and field activities; and the openness and transparency of the Helsinki process. Helsinki Commission Chairman Senator Ben Nighthorse Campbell (R-CO), Commissioners Rep. Benjamin L. Cardin (D-MD), and Rep. Robert B. Aderholt (R-AL) heard from four witnesses: A. Elizabeth Jones, Assistant Secretary of State for European Affairs; Lorne W. Craner, Assistant Secretary of State for Democracy, Human Rights, and Labor (who has since been formally appointed by the President as one of the three executive-branch Commissioners); Ambassador Robert Barry, former Head of OSCE Mission to Bosnia-Herzegovina; and P. Terrence Hopmann, professor of political science at Brown University and research director of the Program on Global Security at the Thomas J. Watson Jr. Institute for International Studies. Catherine Fitzpatrick, Executive Director of the International League for Human Rights, had agreed to participate in the hearing as originally scheduled for September 12, but was unable to attend on October 3. In her prepared statement, Assistant Secretary Jones described the OSCE as an important tool for advancing U.S. national interests “by promoting democracy, respect for human rights and fundamental freedoms, arms control and confidence building measures, economic progress, and responsible or sustainable environmental policies.” While portraying the OSCE as “the primary instrument for early warning, conflict prevention, crisis management, and post-conflict rehabilitation in [the] region,” she also argued that “it is not the forum for discussion or decision regarding all security issues” – a role implicitly reserved for NATO. Jones alluded to a possible role for the OSCE in combating terrorism, an issue that will be taken up at the OSCE Ministerial, scheduled for December 3 and 4 in Bucharest. In this connection, Chairman Campbell urged the State Department to pursue an OSCE meeting of Ministers of Justice and Interior as a step toward promoting practical cooperation in fighting corruption and organized crimes, major sources of financing for terrorist groups. Assistant Secretary Craner tackled an issue of key concern to human rights groups: would the war against terrorism erode efforts to promote democracy and human rights, particularly with respect to Central Asian countries that are now key U.S. allies in that war? Craner observed that “[s]ome people have expressed concern that, as a result of the September 11 attack on America, the Administration will abandon human rights. I welcome this hearing today to say boldly and firmly that this is not the case. Human rights and democracy are central to this Administration’s efforts, and are even more essential today than they were before September 11th. They remain in our national interest in promoting a stable and democratic world. We cannot win a war against terrorism by stopping our work on the universal observance of human rights. To do so would be merely to set the stage for a resurgence of terrorism in another generation.” The testimony of the two expert witnesses, Professor Hopmann and Ambassador Barry, examined the operational side of the OSCE, with particular focus on the field work of the institution. Hopmann, one of a small number of analysts in the United States who has written in depth about the work of the OSCE and who served as a public member on the U.S. Delegation to the OSCE Review Conference in Istanbul in 1999, offered several specific recommendations: 1) enhance the professional qualifications and training of its mission and support staff; 2) strengthen its capacity to mediate serious conflicts that appear to be on the brink of violence or that have become frozen in the aftermath of violence, including making better use of ‘eminent persons’ to assist these efforts; and 3) attract more active support from its major participating States, especially from the United States, to strengthen the OSCE's capacity to intervene early in potentially violent conflicts when diplomacy still has a chance to win out over force. Ambassador Barry drew on his experience as head of one of the OSCE’s largest missions to address the complex issue of the OSCE’s relations with other international organizations. Barry asserted that OSCE has, at times, “bitten off more than it can chew” and the United States needs to exercise discretion in assigning tasks to the OSCE. When asked specifically to describe the relationship between the OSCE and the Council of Europe, he characterized it as “permanent struggle.” He suggested that the two organizations should not compete with other, but play to their relative strengths: the OSCE, for example, should be dominant in field missions, while the Council of Europe should be given the lead in providing expert advice on legislative drafting. One area where the OSCE is underutilized is in the area of policing – the focus of a Commission hearing held on September 5, 2001. Barry remarked, “Last month several witnesses testified before the Commission concerning the OSCE role in police training and executive policing. With its requirement of universality, the [United Nations] must call upon police who are unable or unwilling to deal with terrorism or human rights violations at home. We cannot expect them to be much help, for example, in dealing with mujahedin fighters in Bosnia or Macedonia. Therefore I believe the OSCE ought to be the instrument of choice for both police training and executive policing. In order to fill the latter role the OSCE should change its policy on arming executive police. Unarmed international police have no leverage in societies where every taxi driver packs a gun.” Barry also argued that the United States needs to involve the Russian Federation more closely with OSCE. “Too often in the past,” he said, “we have marginalized Russia by making decisions in NATO and then asking OSCE to implement the decisions. Macedonia is only the most recent example.” Many of the questions raised by Commissioners focused on institutional issues such as the transparency of the weekly Permanent Council meetings in Vienna, the respective roles of the Chair-in-Office and Secretary General and pressure to enlarge the OSCE’s bureaucracy by establishing new high-level positions to address whatever is, at the moment, topical. State Department witnesses were asked several questions relating to specific countries where human rights issues are of particular concern, including Turkmenistan, a country whose human rights performance is so poor that some have suggested it should be suspended from the OSCE, and Azerbaijan, a country engaged in a significant crackdown against the media. Assistant Secretary Jones argued that, when faced with an absence of political will to implement OSCE human dimension commitments, it is necessary to “persevere” and to hold OSCE participating States accountable for their actions. Noting that the death penalty is the human rights issue most frequently raised with the United States, Commissioner Cardin asked Assistant Secretary Craner how the United States responds to this criticism and whether the use of capital punishment in the United States impacts our effectiveness. Craner noted that the death penalty in the United States is supported by the majority of Americans, in a democratic system, and that the quality of the U.S. judicial system ensures its fairness. He also argued that it does not affect the credibility of the United States on human rights issues. Professor Hopmann, however, disagreed with this assertion. Based on extensive contacts with European delegates to the OSCE in Vienna, Hopmann observed that Europeans find it difficult to reconcile the U.S. advocacy on human rights issues with a practice Europeans view as a human rights violation. Chairman Campbell recommended that similar hearings be convened on a periodic basis to update Congress and the American people on the ongoing work of the OSCE and how it advances U.S. interests across the spectrum of the security, economic, and human dimensions.

Pages