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publication
Human Rights and Democratization in Bulgaria
Wednesday, September 01, 1993The Helsinki Commission's last comprehensive report on Bulgarian CSCE implementation was published in 1988. (The Commission also published a report in 1991 on the ethnic Turkish minority in Bulgaria). At that time, Bulgaria was in violation of many of its CSCE commitments. Its human rights record was among the worst of the Helsinki signatory states. Clearly, much has changed since then. Since the fall of communism in November 1989, Bulgaria has made impressive strides towards becoming a democratic state based on the rule of law. Bulgaria is experiencing a rare historical opportunity in which it can genuinely forge its own fate. Unshackled from the external Soviet empire of communist rule with which it had especially close links, Bulgaria is developing a democratic, rule of law state where the rights of all of its citizens are being met with greater respect. While Bulgaria faces considerable problems in its post-communist transition, and will continue to in the foreseeable future, it is doing much better than most of its Balkan neighbors. Moreover, it is exceeding the expectations of those who until recently viewed Bulgaria through the prism of being the Soviet Union's “16th republic” and the home of papal assassination plots and forcible assimilation campaigns. Despite its very real problems, Bulgaria is indicating that it is more tolerant, pluralistic, democratic and stable than many would have supposed.
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hearing
Situations of Kurds in Iran, Iraq, and Turkey
Monday, May 17, 1993This briefing focused on the Kurdish minority, the fourth largest nationality in the Middle East primarily concentrated in the States of Iran, Iraq, and Turkey, a CSCE signatory state. The lack of institutional protection of human rights and individual freedoms that the Kurdish minority suffers from in each of these states was addressed. Additionally, the principles of territorial integrity, self-determination, and respect of human rights were explored in the context of the Middle East. Witnesses at the briefing – including Ahmet Turk, Chairman of the People’s Labor Party and Barham Salih, a Representative of the Iraqi Kurds – offered descriptions of the historical context and the political framework in which the issue of violations of the human rights of the Kurdish minority has arisen. Mr. Salih presented his personal experience as the evidence of the process of forced assimilation that Kurds were enduring in Turkey at the time.
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hearing
The Countries of Central Asia: Problems in the Transition to Independence and the Implications
Thursday, March 25, 1993This was the first Helsinki Commission hearing held on the Central Asian republics. The Commissioners and witnesses discussed five countries' transitions to independence, which were complicated by the presence of repressive regimes that maintained the old Soviet-style order and economic turmoil. Chairman DeConcini opened the hearing by noting that the presidents of four out of the five new Central Asian countries were former first secretaries of the Communist Party. Dr. Martha Olcott, professor of political science at Colgate University, expressed concern over the rise of extremist ideologies of nationalism and Islam in the region, which were fuelled by economic stagnation. Firuz Kazemzadeh, professor emeritus as Yale University, argued instead that the dominant threat in the region came from the projection of Russian influence. This was corroborated by Micah Naftalin, director of the Union Council for Soviet Jews, who detailed the KGB's role in silencing the press and repressing opposition in Turkmenistan, and the growth and diffusion of anti-semitism from Russia into Central Asia. A final testimony was offered by Adbumannob Pulatov, chairman of the Uzbekistan Society for Human Rights. Pulatov decried the lack of press freedom in Uzbekistan and urged Congress to continue its monetary support of Radio Liberty. In the end, all four witnesses cautioned that human rights concerns often take a back seat to other issues, and that doing so could jeopardize progress in the field.
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publication
Report: The CSCE Human Dimension Seminar on Tolerance
Sunday, November 01, 1992The structure of the seminar was designed to maximize contact and dialogue among participants during the brief week in Warsaw. Modeled after a U.S. proposal, three discussion groups were designed to focus on: the role of educational and cultural institutions, as well as the media, in promoting tolerance; the role of local authorities; and legal issues and law enforcement. Two groups ran simultaneously at any given time, enabling even the smallest delegations to rotate reasonably efficiently among the different discussions. Moderators from Switzerland, the United States (Colonel Ronald Joe, Defense Equal Opportunity Management Institute, U.S. Army), and the United Kingdom were selected by the ODIHR to manage the three discussions respectively.
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publication
Parliamentary and Presidential Elections in an Independent Croatia
Saturday, August 01, 1992On August 2, 1992, Croatia held elections for the position of President of the Republic as well as for seats in the House of Representatives, one of two chambers in Croatia's "Sabor," or Assembly. These were the second multi-party elections in Croatia since 1990, when alternative political parties first competed for power. They were, however, the first since Croatia proclaimed itself an independent state in 1991, and achieved international recognition as such in 1992, following the violent disintegration of Yugoslavia. Incumbent Franjo Tudjman easily won a first-round victory among a field of eight presidential candidates. His party, the ruling Croatian Democratic Union (HDZ), also won just over half of the parliamentary seats allocated in proportion to votes for the lists of 17 parties, and a very large number of the seats designated for particular electoral districts. This result allows the HDZ to form a new government alone rather than in coalition with other parties. A shift to the far right, which many feared, did not materialize. Despite a number of open questions, the election results likely reflect the legitimate choice of Croatia's voting population. At the same time, the elections demonstrated disappointingly little democratic progress in Croatia since 1990. Detracting most from the elections was the lack of serious effort by the authorities to instill confidence in the electoral system, followed by the perceived political motivation in scheduling them in August. The elections also revealed some shortcomings on the part of the opposition, including a lack of coordinated effort to ensure that they were conducted freely and fairly. Croatia has a western-oriented, well educated and sophisticated society which provide a basis for democratic government. Decades of communist rule and a fierce nationalism linked to Croatia's search for independence have, at the same time, unleashed societal trends contrary to democratic development. The context in which these elections took place was also complicated by the conflict in Croatia that began in earnest in July 1991 as militants among the alienated ethnic-Serb population of Croatia, with the encouragement of the Serbian leadership in Belgrade and the help of the Yugoslav military, demonstrated violently their opposition to the republic's independence. After severe human casualties, population displacement and destruction, the conflict generally ended in January 1992 with a U.N. negotiated ceasefire that included the deployment of U.N. protection forces on much of Croatia's territory A new constitution and growing stability argued for holding new elections. Despite opposition complaints that August was not an appropriate time for elections, President Tudjman scheduled them with the likely calculation that his party stood its best chances in a quick election before growing economic hardship and pressure for genuine democratization replaced the joys of independence and renewed peace. During the campaign period, 29 political parties fielded candidates. They faced no major difficulties in organizing rallies and distributing their literature to the public. At the same time, the Croatian media was only moderately free, with television and radio broadcasts much less so than newspapers and journals. Only toward the end of the campaign did the media seem to open up fully The stated objective in organizing the elections was to be fair and impartial to all contending parties. At the same time, the electoral procedures were not as fully satisfactory as they easily could have been, raising suspicions of an intent to manipulate the results. However, opposition political parties considered the process sufficiently fair for them to compete. They also had the opportunity to have observers present at polling stations and election commissions on election day. According to a constitutional law on the matter, Croatia's national minorities enjoy certain rights regarding their representation in governmental bodies. Ethnic Serbs, the only large minority with some 12 percent of the population, were guaranteed a greater number of seats in the new Sabor than all other minorities combined, but, unlike the smaller minorities, no elections were held in which ethnic Serbs alone could chose their representatives. This was viewed as discriminatory treatment of the Serbian minority, despite apparently small Serbian participation in the elections. Balloting on election day was orderly, despite the enormous complications caused by the conflict and questions of citizenship and voter eligibility in a newly independent country. There were few complaints in regard to the way in which the voting and counting were carried out, although several isolated problems were reported and the security of ballots cast by voters abroad was a constant concern. Despite these faults, holding elections might well have been a watershed for Croatia. Problems in that country's democratic development were given closer scrutiny, and public concerns can now shift from the recent past to future prospects. The winners could view their easy win as a mandate for continuing current policies, largely viewed as nationalistic and insufficiently democratic. However, the far right's poor performance could lessen pressure on the HDZ to show its nationalist colors and permit greater democratic development. The behavior of HDZ leaders to date favors the status quo in the short run, but domestic and international pressure could both encourage more significant democratic reform than has been seen thus far.
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publication
Helsinki Commission Visit to Armenia, Azerbaijan, Tajikistan, Uzbekistan, Kazakhstan, and Ukraine
Friday, April 10, 1992This Helsinki Commission delegation was the first to visit the "former Soviet Union" since its breakup in December 1991. It was also the first Commission delegation visit to any of the former republics in their new status as independent countries, and the first ever to Ukraine, Azerbaijan, Tajikistan, Uzbekistan, and Kazakhstan. Of particular significance was the fact that all the former republics are now full fledged members of the Conference on Security and Cooperation in Europe (CSCE), having been admitted during the meeting of the CSCE Council of Ministers in Prague in late January 1992. Their entry into the CSCE means that all the governments of these newly independent countries have obligated themselves to implement Helsinki commitments, providing a standard by which their progress towards democratization, observance of human rights and free market economic systems can be measured. Moreover, since at least two of these countries -- Armenia and Azerbaijan -- are, essentially, engaged in hostilities, if not actually a state of war, the CSCE's mechanisms for conflict mediation and resolution can be brought into play: a test both for the republics, and the CSCE, especially in the aftermath of the Yugoslavia crisis. The fact that the delegation's visit took place during the CSCE Follow-up Meeting in Helsinki (March-June 1992) offered an appropriate backdrop to this Commission fact-finding mission. This mission had particular resonance in the Central Asian republics, which have long been neglected in the West. In fact, there had been much debate among CSCE participating States as to whether these republics should be admitted to the Conference on Security and Cooperation in Europe, as they were manifestly not in Europe geographically, or, in many ways, culturally. Nevertheless, the CSCE's Council of Ministers was persuaded by the argument that the best way to bring Western democratic and free market ideas to the region was to include them in the process. The visit to Armenia and Azerbaijan was motivated by obvious considerations: the increasingly bloody and alarming conflict between them over Nagorno-Karabakh. From an ethnic dispute that threatened to complicate Mikhail Gorbachev's reform program, the conflict has ballooned, with the dissolution of the USSR, into a larger regional conflict with international significance that threatens to involve neighboring states, one of which - Turkey -- is a NATO member. From the CSCE perspective, this conflict brings to the fore the inherent contradiction between two equally valid principles of the CSCE: the right of peoples to self-determination, on the one hand; and territorial integrity, with only peaceful change of borders, on the other. Yugoslavia in 1991 had already presented the CSCE with the difficult problem of reconciling these principles; Armenia and Azerbaijan are offering the latest challenge. There is reason to believe -- or fear -- that this issue will resurface elsewhere on the territory of the former USSR, and the unhappy experience of these two Transcaucasian countries may prove an object lesson that has applicability to other situations. Reflecting the concern of the CSCE member States about the situation, and in an attempt to resolve the crisis, a decision was taken at the March 1992 opening of the Helsinki Follow-up Meeting to organize a "Conference on Nagorno-Karabakh" which will meet soon in Minsk under CSCE auspices. Ukraine, meanwhile, is embroiled in its own disputes as it develops its institutions as a newly independent country and CSCE state. Unlike its quarrel with Russia over division of the USSR's assets, especially the disposition of the Black Sea fleet, some issues have direct relevance to the CSCE. The Crimea, for example, may hold a referendum on its future status (remaining within Ukraine, autonomy, joining Russia, or opting for independence), which reflects the emphasis placed in the CSCE on democratic expression and fair balloting practices. Another area of critical importance is military security and arms control: the disposition of Ukraine's nuclear arsenal and compliance with the CFE (Conventional Forces in Europe) agreement, when Kiev has not yet reached agreement with Moscow and other capitals of former republics over a unified military that could implement the agreement. Finally, Ukraine's efforts to build a law-based state and overcome the legacy of 70 years of communism must overcome difficulties of personnel, "old thinking" (a term popular among Moscow's elite a few years ago), and bureaucratic resistance to change. The United States recognized all the former Soviet republics as independent countries on December 25, 1991, but established diplomatic relations only with Russia, Ukraine, Belarus, Armenia, Kazakhstan and Kyrgyzstan. Establishment of formal diplomatic relations with the others was put off, pending satisfactory assurances of commitment to human rights, democracy, responsible arms control policies, and a free market economic system. This "two-tiered" approach drew criticism, however, for risking the alienation of the "second-tier" states and the potential loss of American influence, I especially with the January 1992 decision by the CSCE to admit the former Soviet republics as full members. In February, the Bush administration signalled its intention to establish diplomatic relations with all the former Soviet republics. The result was the speedy opening of U.S. Embassies in the newly independent countries, which was enthusiastically greeted by the leaderships and opposition forces. Effectively, therefore, the United States is the only Western country with fully-functioning Embassies in all the new countries visited by the Helsinki Commission.
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hearing
The New Commonwealth of Independent States: Problems, Perspectives, and U.S. Policy Implications
Thursday, January 09, 1992This hearing discussed the dissolution of the Soviet Union and the creation of a series of succeeding states. The hearing covered the theme of regional and ethnic divisions as key elements in the unpredicted dissolution of the Soviet Union. The witnesses covered the particular challenges of securing peaceful independence from the “commonwealth of former Soviet Republics” and the democratization process. The conversation centered on the human rights dimension and the process of newly created states signing on to several international treaties and obtaining memberships in international organizations.
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publication
Ukraine's Referendum on Independence and Presidential Election
Sunday, December 01, 1991In an historic referendum/presidential election on December 1, 1991, residents of Ukraine overwhelmingly voted for independence and chose Leonid Kravchuk, the chairman of the republic's Supreme Soviet, as president. Hundreds of foreign observers and correspondents watched as 84 percent of eligible voters went to the polls. Over 90 percent of participants, including many non-Ukrainians, cast ballots for independence. Former Communist Party apparatchik Kravchuk handily won the presidency on the first round, garnering about 60 percent of the votes. Among the candidates he defeated were two widely admired former dissidents and political prisoners who had served many years in Soviet prisons for advocating Ukrainian independence. The outcome of the referendum, while expected, was nevertheless momentous. Ukraine's emergence as an independent state ended any prospects of salvaging a federated or even confederated USSR. The results of the voting provided the direct impetus for the December 8 agreement among the presidents of Russia, Ukraine and Belarus to create the Commonwealth of Independent States as the successor entity to the Soviet Union, which they formally declared dead. The rise of Ukraine -- a large state with 52 million people, a highly developed industrial base, rich agricultural capabilities, and, not least, nuclear weapons on its territory -- also altered the geo-political map of Europe. Western capitals, observing the quickly unfolding events and grasping their ramifications, made determined efforts to stop referring to the new republic in their midst as "the" Ukraine, while pondering how its military plans and potential affect security arrangements in the post Cold War world. Given the importance of Ukraine's referendum and presidential election, as well as the republic's size and regional differences, the Helsinki Commission sent three staffers to observe the voting. Ukraine's parliament had previously conveyed formal invitations to the Commission, which selected three distinct cities as representative sites to monitor the voting, gauge the popular mood and gain different perspectives on the political implications: Kiev, the capital, in central Ukraine; Lviv, the regional capital of Western Ukraine, reputedly the most highly nationalist area of the republic; and Donetsk, in Eastern Ukraine, where the population is heavily Russian or Russified. Unfortunately, logistical and transportation breakdowns in the decaying Soviet Union foiled plans to reach Donetsk, and Commission staff instead traveled to the city of Kaniv (a small city on the Dnipro river). The following report is based on staff observations over several days, and is supplemented by many conversations with voters and officials, as well as Ukrainian and central Soviet newspaper and television coverage.
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publication
Report: Ukraine's Referendum on Independence and Presidential Election
Sunday, December 01, 1991In an historic referendum/presidential election on December 1, 1991, residents of Ukraine overwhelmingly voted for independence and chose Leonid Kravchuk, the chairman of the republic’s Supreme Soviet, as president. Hundreds of foreign observers and correspondents watched as 84 percent of eligible voters went to the polls. Over 90 percent of participants, including many non-Ukrainians, cast ballots for independence. Former Communist Party apparatchik Kravchuk handily won the presidency on the first round, garnering about 60 percent of the votes. Ukraine’s emergence as an independent state ended any prospects of salvaging a federated or even confederated USSR. The results of the voting provided the direct impetus for the December 8 agreement among the presidents of Russia, Ukraine and Belarus to create the Commonwealth of Independent States as the successor entity to the Soviet Union, which they formally declared dead. Given the importance of Ukraine’s referendum and presidential election, as well as the republic’s size and regional differences, the Helsinki Commission sent three staffers to observe the voting. Ukraine’s parliament had previously conveyed formal invitations to the Commission, which selected three distinct cities as representative sites to monitor the voting, gauge the popular mood and gain different perspectives on the political implications: Kiev, the capital, in central Ukraine; Lviv, the regional capital of Western Ukraine, reputedly the most highly nationalist area of the republic; and Donetsk, in Eastern Ukraine, where the population is heavily Russian or Russified. Unfortunately, logistical and transportation breakdowns in the decaying Soviet Union foiled plans to reach Donetsk, and Commission staff instead traveled to the city of Kaniv (a small city on the Dnipro river). The following report is based on staff observations over several days, and is supplemented by many conversations with voters and officials, as well as Ukrainian and central Soviet newspaper and television coverage.
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publication
Report: the Oslo Seminar of Experts on Democratic Institutions
Tuesday, November 05, 1991From November 4-15, the CSCE Seminar of Experts on Democratic Institutions met in Oslo, Norway, pursuant to a mandate contained in the 1991 Charter of Paris for a New Europe. Accordingly, experts discussed means and ways for "consolidating and strengthening viable democratic institutions." During the course of the Seminar, participants met in three closed study groups in which they considered constitutional and electoral frameworks, as well as comparative human rights legislation. In this context, numerous experts participated in the Oslo Seminar, contributing expositions on the differences among their various democratic traditions and often describing their national experiences in these areas. In addition, contacts among experts, non*governmental organizations, and government representatives in the margins of the meeting contributed to the overall work of the Seminar.
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publication
The Moscow Meeting of the Conference on the Human Dimension of the CSCE
Tuesday, September 10, 1991In accordance with the mandate of the Vienna Concluding Document, the 38 states participating in the Conference on Security and Cooperation in Europe (CSCE) met in Moscow from September 10 through October 4, 1991, for the third meeting of the Conference on the Human Dimension (CHD, or CDH from the French acronym) of the CSCE. The first meeting of the Conference was held in Paris from May 20 through June 23, 1989, and the second was held in Copenhagen from June 5 through 29, 1990. The meetings of the CHD address the full range of human rights and humanitarian concerns associated with the Helsinki process.
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hearing
Geneva Meeting on National Minorities and Moscow Meeting on the Human Dimension
Wednesday, July 31, 1991The hearing will focus on two important CSCE meetings, the Geneva Experts Meeting on National Minorities. The Geneva meeting which recently ended was mandated to discuss national minorities, the meeting had three components: exchange of views on practical experience; review of the implementation of relevant CSCE commitments; and consideration of new measures. The distinguished speaker will outline the major points of the Geneva meeting and how the United States can best utilize its success while moving towards the upcoming human dimension meeting in Moscow.
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hearing
Democratic Developments in Albania
Wednesday, May 22, 1991Beginning at the Copenhagen Human Dimension Meeting in June 1990, Albania has been granted observer status at CSCE meetings. Albania would like to move beyond its current observer status and become a full participant in the process. The Commission delegation had stated when it left after its first visit that it needed to see significant improvements in Albania s human rights performance before we could support Albania’s membership in the CSCE. There is no question that the situation has remarkably improved as of last year, a fact which we on the Helsinki Commission have welcomed and have even complimented the existing government for moving in what we consider the right direction. A key question now, in addition to that of CSCE membership, is how the United States can best develop these bilateral relations to the benefit of democracy in Albania.
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briefing
Chernobyl: Five Years Later
Friday, April 26, 1991Held as a fifth anniversary commemoration of the disaster at Chernobyl, the briefing featured a short film that was produced by an Australian film company on Chernobyl’s progress in the five years after the crisis. Afterward, Samuel Wise, staff director at the Commission, led the discussion on the damage Chernobyl continued to have on surrounding regions in 1991. Witnesses Dr. David Marples and Dr. Natalia Preobrazhensk addressed the environmental concerns and political authority over Chernobyl, along with how Ukraine’s judicial system had dealt with the situation. They also acknowledged the situation of Soviet nuclear power at the time.
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hearing
The USSR In Crisis: State of the Union
Wednesday, February 06, 1991This hearing centered the economic and political crisis in the Soviet Union. The Commissioners praised the diligent work of Gorbachev by positively changing the human rights dimension in Eastern Europe. From multi-party participation to higher freedoms of speech and assembly, the Soviet Union has pivoted to international standard of human rights. Despite the reforms made towards the advancement of human rights the economic situation has never been so pronounced in recent memory. The economic challenges facing the people of the Soviet Union is affecting the political atmosphere in very concerning way- increased powers to the KGB and arms deals that violate past international treaties. The hearing reviewed whether the economic crisis is causing the Soviet state to use military methods to save the Soviet power.
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hearing
Soviet Crackdown in the Baltic States
Thursday, January 17, 1991This hearing, which Steny H. Hoyer presided over, came at a time during which the United States’ time was occupied elsewhere in the world (i.e. the Middle East). Therefore, the running time of this hearing was expected to be an hour, with a more in-depth hearing to follow later on. In any case, attendees discussed, from the view of the U.S., anyway, that the Baltic States (i.e. Estonia, Latvia, and Lithuania) had all been illegally absorbed into what was then the Soviet Union. Likewise, the Baltic States had raised the issue that enforcement of conscription laws of the Soviet Union in these countries is in and of itself legal within the framework of the Geneva Convention. The consensus of the hearing was that the attempt by Moscow to crush democracy in the Baltic States must be met by the U.S. with the same resolve that the U.S. took in meeting similar attempts in other parts of the world, including collaboration with other countries.
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hearing
Copenhagen Meeting on the Human Dimension
Wednesday, July 18, 1990This Hearing was convened by Chairman Dennis DeConcini and Co-Chairman Steny H. Hoyer to address the Human Dimension of the of the Helsinki Final Act. In attendance were Ambassador Max Kampelmann, Head of the U.S. Delegation to the Copenhagen CSCE Conference on the Human Dimension, Prof. Thomas Buergenthal, public member of the U.S. Delegation, and Prof. Hurst Hannum, public member of the U.S. Delegation. Those in attendence discussed the state of human rights in the OSCE region and various humanitarian causes that should be emphasized in the coming sessions.
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hearing
Status Report on Soviet Jewry
Wednesday, March 07, 1990This hearing, which Representative Steny H. Hoyer presided over, was a portion of multiple hearings held on March 7, 1990, when attendees looked at the dramatic consequences of the Soviet government’s decision to relax its emigration policies, in addition to the impact of Glasnost on Jewish life in what was then the U.S.S.R. This new decision, the emigration policy of which was expected to soon be codified by the Supreme Soviet soon after the hearing took place, had negative and positive implications. While a record number of Jewish individuals were allowed to leave the U.S.S.R., Soviet citizens still needed explicit permission to leave the country. In spite of these reforms, though, there were still at least 100 refusenik cases, not to mention fear of an active anti-Semitic movement in the country.
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publication
Revolt Against the Silence - The State of Human Rights in Romania: An Update
Friday, December 01, 1989Patterns of repression in Romania remain sadly the same year after year. The Romanian regime has kept up pressure on members of religious and national minorities, as well as on all who have sought to express themselves freely. It has harassed and punished would-be emigrants by removing them from jobs and housing. It has exiled writers, philosophers and former leaders. It has jailed those who have sought the means to worship freely, and used psychiatric incarceration to punish free expression. The regime has steadily curtailed the opportunities for members of ethnic minorities to maintain and cultivate their cultural heritage, cutting minority-language instruction and publishing to a minimum. Minority cultural and family ties have also been strictly limited. The regime has used violence and threats of violence to discourage citizens from seeking to exercise their rights. Many Romanian dissidents inside and outside the country have received black-bordered death threats, widely believed to be a favorite calling-card of Romania's notorious Securitate (secret police). Increasingly, the regime's persecution has touched all Romanian citizens, who suffer from severe, state-imposed food shortages and the threat of displacement through the sjstematizare, or systematization, program. Despite the Romanian Government's March announcement, with great fanfare, that it had repaid the country's foreign debt, there is no sign that the regime will reorder its fiscal priorities in favor of consumption. Rationing continues unabated, while construction of new industrial projects seems to be moving forward with redoubled speed.
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publication
The London Information Forum of the CSCE - Compilation of Speeches
Tuesday, April 18, 1989The London Information Forum was the first non-military follow-up activity to be held within the Conference on Security and Cooperation in Europe following the conclusion of the Vienna CSCE Review Meeting. The forum's aims, as mandated by the Vienna document, included examination of the circulation of, access to and exchange of information; cooperation in the field of information; and the improvement of working conditions for journalists. The London Information Forum addressed fundamental human rights questions: the right to free expression and free choice of information sources. At issue were not only new initiatives in the exchange of information, but also improved compliance with existing CSCE commitments.
Mr. Speaker, the murder of Ukrainian investigative journalist Heorhiy Gongadze remains unsolved. On September 16, 2000, Gongadze, editor of an Internet news publication critical of official, high-level corruption in Ukraine, disappeared. Seven week later, his remains were found in Tarashcha in the Kyiv region.
Repeated expressions of concern to the Government of Ukraine have been met with stonewalling. Over the last 18 months, the Helsinki Commission, Members of the House and Senate, the Department of State, the OSCE, the Council of Europe and other international institutions repeatedly have raised this case and urged President Kuchma and the Ukrainian Government to undertake a speedy, serious, open and transparent investigation into the Gongadze murder case.
Back in December of 2000, I urged Ukrainian authorities to resolve this grave matter in a timely and just manner before the case further tarnished their credibility in dealing with fundamental human rights. Last July, a number of us were present at the Paris OSCE Parliamentary Assembly meeting, where Gongadze’s widow Myroslava accepted the OSCE PA Prize for Journalism and Democracy on his behalf. A resolution adopted by the OSCE PA in Paris expressed dismay “that the criminal investigation into the murder of journalist Heorhiy Gongadze has been obstructed by authorities and has not been carried out in accordance with the rule of law.”
Last month, Ukrainian authorities blocked FBI experts from examining evidence gathered during the initial investigation. The Bureau had been invited by Ukrainian authorities to advise and assist in the investigation of the case and earlier had participated in identifying Gongadze's remains. Over the last year, Ukrainian prosecutors routinely cited their request for assistance from the FBI as evidence that they were working diligently to solve the murder.
According to a statement released by the U.S. Embassy in Kyiv, the four FBI experts were told that Ukrainian law prohibits prosecutors from releasing any information to them. They were "unable to discuss any aspects of the case, share evidence or conduct a joint site inspection. Because of this, the FBI team could not provide suggestions that might help Ukrainian law enforcement authorities advance the investigation of the murder of Mr. Gongadze.” This lack of cooperation – after promises to accept the U.S. technical assistance -- is an indication of bad faith on the part of the Ukrainian authorities.
This is only the latest example which seriously questions the Ukrainian authorities’ commitment to resolving this case and has led many to conclude that the Procurator General’s office is hampering the investigation into Gongadze’s death. Particularly telling was the Procuracy’s initially casting doubt on the results of a DNA test reported in February 2001, which determined with a 99.6 percent probability that the body exhumed from a shallow grave in Tarashcha was, indeed, that of Gongadze. The Procurator General, Mykhaylo Potebenko, who recently announced he would resign to become a Member of Parliament from the Communist Party, has also been uncooperative with Gongadze’s widow and mother, even after the court gave them status that legally permitted them access to details of the investigation. An assessment of the case last year by Freimut Duve, the OSCE Representative on Freedom of Media, found that the investigation into Gongadze’s disappearance has been “extremely unprofessional.” It is high time for the Ukrainian authorities to mount a serious, transparent investigation into this case as well as the cases of other murdered journalists.
Since 1998, 11 journalists have been killed in Ukraine and 48 severely injured in unexplained attacks, according to Reporters Without Borders. Over the last year, several international bodies have called on Ukrainian authorities to launch a fresh investigation into the disappearance and death of Mr. Gongadze and other journalists and to allow for an independent investigation or to set up a new independent commission of inquiry comprising of international investigators. I also hope that the newly elected Ukrainian parliament will take aggressive action in encouraging governmental accountability for solving the murder and bringing the perpetrators to justice.
Mr. Speaker, on March 31, Ukraine held parliamentary elections. Despite governmental interference in the campaign and abuse of state resources, the Ukrainian electorate showed a strong independent streak with a strong pro-democratic, pro-European orientation. A substantial portion of the Ukrainian people clearly wants change – they want to live in a country where democracy and human rights are honored and where the rule of law prevails.
The United States remains committed to encouraging these yearnings. The U.S. Government is the largest bilateral donor in Ukraine, and American companies still are the largest investors in Ukraine. We are deeply engaged with Ukraine in military and security issues, educational exchanges, small business, agriculture, energy, and the development of civil society. American engagement with Ukraine is a testament to the importance that we attach to U.S.-Ukraine relations. However, the level of U.S. engagement is increasingly being questioned, in part because of the obstructionist actions of the authorities concerning the Gongadze case, the curtailing of media freedoms, the persistent debilitating problem of corruption and, most recently, troubling allegations that President Kuchma may have authorized the clandestine sale of the Kolchuga radar system to Iraq in violation of UN sanctions.
Mr. Speaker, as Co-Chairman of the Helsinki Commission, I once again urge in the strongest possible terms Ukrainian authorities to take seriously the concerns regarding the circumstances that led to the Gongadze murder and the subsequent investigation. His widow, young children, and mother deserve better. The Ukrainian people deserve better.