Democracy in Albania: the Pace of ProgressMonday, May 06, 2013
Prior to 1991, Albania was ruled by one of the communist world’s most repressive regimes and was the only country in Europe refusing to participate in the Helsinki process. In the two decades following, the country made enormous strides to become a democratic state where human rights are respected and to become an active participant in European affairs, and became a member of the NATO Alliance in 2009. Despite this progress, Albania continues to struggle in building its democratic institutions and practices, including respect for the rule of law. As Albania prepared for parliamentary elections in June 2013, this hearing assessed the degree to which progress has begun to fall short of expectations at home and abroad, and what could be done to accelerate the pace of further reforms related to good governance.
U.S. Helsinki Commission to Hold Hearing on OSCE with Ukraine's Foreign MinisterWednesday, May 01, 2013
The Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today announced the following hearing: Ukraine’s Leadership of the OSCE Wednesday, May 8, 2013 2:00 pm Dirksen Senate Office Building, Room 562 Scheduled to testify: His Excellency Leonid Kozhara, Minister for Foreign Affairs of Ukraine and Chair-in-Office of the OSCE Ukraine’s Foreign Minister, Leonid Kozhara, will testify before the U.S. Helsinki Commission in his capacity as Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE). The hearing takes place one-third of the way through Ukraine’s 2013 chairmanship of the 57-country OSCE, an organization based in Vienna Austria, and best known for its work in promoting democracy, human rights and the rule of law. Minister Kozhara is expected to discuss the Chairmanship’s priorities and provide insights regarding the ongoing work of the OSCE. Ukraine’s Chairmanship faces formidable tasks in leading an organization that operates on the basis of consensus and includes countries ranging from democracies to dictatorships. The Ukrainian Chairmanship’s priorities include finding new ways to address protracted regional conflicts, energy security, and human dimension issues such as human trafficking, media freedom, tolerance, democratic elections and efforts to improve implementation of commitments regarding fundamental human rights and freedoms.
Helsinki Commission Chairman Leads Delegation to Israel and Turkey before Attending OSCE Parliamentary Assembly SessionMonday, April 15, 2013
By Helsinki Commission Staff En route to the OSCE Parliamentary Assembly’s Winter Meeting in Vienna, Austria, a delegation organized by the Helsinki Commission visited Israel and Turkey for talks on issues of key concern to U.S. foreign policy and the OSCE. These destinations in particular were selected to explore the impact on the OSCE region resulting from the ongoing tensions in the Middle East stemming from the active conflict and humanitarian crisis in Syria. The delegation was not only bipartisan but included Members from the Senate and House of Representatives, as well as two senior officials from the Department of Commerce. The delegation, which departed February 15 and returned on February 23, was led by Helsinki Commission Chairman Senator Benjamin L. Cardin of Maryland and included Representatives Robert B. Aderholt of Alabama, Alcee L. Hastings of Florida and Mike McIntyre of North Carolina as well as Assistant Secretary of Commerce Michael C. Camuñez from the Helsinki Commission. Senator Bernie Sanders of Vermont and Deputy Assistant Secretary of Commerce for Europe and Eurasia Matthew Murray also joined the delegation. High Level Meetings in Israel The delegation’s first stop was Jerusalem. Following a late arrival on Saturday, February 16, the delegation was briefed by Ambassador Daniel Shapiro and Consul General Michael Ratney in preparation for meetings on Sunday with Prime Minister Benjamin Netanyahu, President Shimon Peres, the Institute for Intelligence and Special Operations (Mossad), Palestinian Prime Minister Salam Fayyad and other officials. High on the delegation’s agenda were U.S.-Israeli relations, including economic cooperation, the peace process, renewal of Israeli-Turkish relations and regional security. President Peres welcomed the delegation in his residence and praised the work of the Helsinki Commission on human rights. Chairman Cardin and President Peres engaged in a lengthy conversation regarding the nuclear ambitions of Iran as well as human rights in that country. They also focused on investment and economic development in the region, particularly the need to provide employment and entrepreneurship opportunities for young people in the Arab world. Members of the delegation met with Prime Minister Benjamin Netanyahu in his cabinet offices for a wide ranging discussion on Iran, the peace process, violence in Syria, Israel-Turkey relations and economic cooperation between our two countries. The Prime Minister also offered a candid assessment of the January 22 parliamentary elections in Israel and his efforts to form a new government. Meeting with the delegation in the U.S. Consulate in Jerusalem, Palestinian Prime Minister Salam Fayyad provided an overview of the economic and security situation in the West Bank, the status of Palestinian-Israeli relations and the peace process. The Prime Minister indicated that there is outright disillusionment with the peace process among the Palestinian people. What is badly needed, he said, is a sense of renewal and energy by both parties to return to negotiations. The remainder of the day included meetings with Deputy Prime Minister and Minister of Intelligence and Atomic Energy, Dan Meridor, Central Bank Governor Stanley Fischer and a briefing by Israel’s Institute for Intelligence and Special Operations (Mossad). The delegation departed early the next morning for Turkey. Fostering Security Cooperation with Turkey Chairman Cardin's delegation stopped in Ankara, Gaziantep, and Istanbul while in Turkey. In Ankara, the delegation met with President Abdullah Gul, Deputy Prime Minister Ali Babacan, and Omer Onhon, former Turkish ambassador to Syria. The delegation prioritized international engagement in the Syrian conflict, the status of Syrian refugees, the urgency of improving Turkish-Israeli relations, the Middle East Peace Process, bilateral economic cooperation and ongoing human rights concerns in their consultations with Turkish government officials. The delegation was briefed by U.S. Ambassador Frank Ricciardone and his staff on bilateral U.S.-Turkish priorities and the security of U.S. embassies following the tragic February 1, 2013 attack on the embassy in Ankara. In Gaziantep, Chairman Cardin's delegation was the first group from Congress to visit the American detachment of the newly established NATO Patriot missile batteries. Members met with the troops stationed near Gaziantep and were briefed on security concerns emanating from the Syrian conflict and NATO efforts to ensure the security of Turkish communities near the Syrian border. The delegation was briefed by regional staff of the U.S. Office of Foreign Disaster Assistance on their substantial efforts to meet the humanitarian needs of the Syrian people in refugee camps and ensure the necessary resources reach the internally displaced civilians within Syria. The delegation then proceeded to visit the central Turkish camp for Syrian refugees in Kilis, which is one of more than 20 such camps along the border. After a briefing by the Turkish Ministry of Foreign Affairs, the Members had an opportunity to see the facilities. The Turkish government has independently made a substantial investment in Syrian humanitarian assistance through their camps. They urged the delegation to encourage the international community to contribute more financial support to address the lack of resources for the growing Syrian refugee population in the region. The delegation also met the camp leadership elected from among the refugees, which reflected the diversity of those displaced by the conflict. The camp leaders urged the delegation to act expeditiously to support the Syrian opposition before the positive perception of the United States irreparably diminishes among Syrian civilians. In Istanbul, the delegation participated in a discussion on the success of bilateral economic cooperation and overcoming barriers to increase U.S. investment in Turkey hosted by the Joint American Business Forum of Turkey and the Turkish-American Business Council. Members then convened a roundtable discussion with a diverse group of Syrian opposition activists based in Istanbul. The activists expressed an urgent interest in the future U.S. role in addressing the security and humanitarian impacts of Syrian conflict. The delegation also had an opportunity to meet with graduate students of Bahcesehir University to discuss the importance of international academic exchanges and youth professional development. OSCE Parliamentary Assembly Meets in Vienna The congressional delegation concluded in Vienna, Austria, to represent the United States at the Winter Meeting of the OSCE Parliamentary Assembly (OSCE PA). Like the OSCE of which it is a part, the Parliamentary Assembly has been an important venue for important initiatives relating to the Helsinki Commission’s work. Those initiatives include addressing specific human rights concerns in numerous countries and combating intolerance in society, organized crime and official corruption, and trafficking in persons. They also include promoting transparency in government and business practices. The United States has traditionally maintained a robust presence in the Assembly, assuring European friends and allies of willing U.S. engagement on issues of common concern and ensuring that the Assembly’s work reflects U.S. interests. Representative Aderholt, for example, is currently an OSCE Vice President and sits on a subcommittee dealing with rules of procedure and an ad hoc committee focusing on reform and transparency of the OSCE. The Winter Meeting is a two-day event held at the Hofburg premises of the OSCE, allowing diplomatic personnel from this multilateral organization to report to the parliamentarians on security, economic, environmental and human rights developments across Europe and into Central Asia. The Winter Meeting also provides a forum for open debate of topical issues and to present ideas for resolutions to be considered later in the year. In the decade since it was first organized, the Winter Meeting has become second in importance only to the OSCE PA’s Annual Session, which is held in June or July in different locations to consider these resolutions and adopt a declaration. In 2013, there were more than 200 parliamentarians in attendance. Ambassador Ian Kelly, the U.S. Representative to the OSCE, briefed the delegation soon after its arrival on the regional issues of interest to the OSCE, as well as organizational developments, from a U.S. policy perspective. Ukraine has taken the OSCE’s chairmanship for 2013, and efforts continue to achieve progress on priority issues in time for a foreign ministerial scheduled for year’s end. As it approaches its 40th anniversary in 2015, the OSCE is also seeking to develop its structural and substantive abilities in order to remain relevant to European security, but it must do so in the face of efforts by Russia and like-minded states to undermine the OSCE’s human rights focus. OSCE PA President Riccardo Migliori of Italy opened the Winter Meeting with a call to find “solutions for the future” based on “the road map signed in our past,” namely the 1975 Helsinki Final Act. The opening plenary was also addressed by Austrian National Council President Barbara Prammer, OSCE Secretary General Lamberto Zannier of Italy, and the Special Envoy of the OSCE Chair-in-Office, Viacheslav Yatsiuk of Ukraine. Additional discussions were held in each of the Assembly’s three General Committees: the First Committee dealing with political affairs and security; the Second Committee with economic affairs, science, technology and the environment; and the Third Committee with democracy, human rights and humanitarian questions. Committee rapporteurs and guest speakers discussed current issues and the prospects for OSCE PA work in the coming year. Assistant Secretary of Commerce Camuñez was a featured opening speaker for the Second Committee, focusing on economic issues in particular. Calling for a “truly 21st century approach” to engagement on these issues within the OSCE, he focused in particular on work being done on energy security and sustainability. He also called for operationalizing OSCE commitments on good governance and transparency adopted at the 2012 Dublin Ministerial Council of the OSCE and asked parliamentarians to play their role by passing needed laws and encouraging government policies that reflect OSCE norms and goals. The Winter Meeting traditionally includes a closing joint-committee session to debate issues that are particularly relevant and timely. This year, the debate focused on how OSCE countries should respond to crises in Syria, the Sahara, and North Africa. Representative Hastings, speaking as the OSCE PA’s Special Representative on Mediterranean Affairs, made a presentation that called on the parliamentarians to consider being in the place of the Syrian people as they flee their homes and lose loved ones, including children, while the world watches. He called on the participating States to halt the flow of arms to Syria, and insisting the Bashar al-Assad “must go,” called for him to be held accountable for his crimes before the International Criminal Court. Chairman Cardin also spoke in the debate, reporting on the discussions the delegation had in Israel and Turkey regarding Syria and praising Turkey’s efforts to accommodate massive inflows of refugees. During the course of the Winter Meeting, the OSCE PA convenes its Standing Committee, composed only of Heads of Delegation and officers, to shape the Assembly’s work. Helsinki Commission Co-Chairman Representative Christopher H. Smith, who was unable to attend the Winter Meeting, and Rep. Hastings each submitted to the committee written reports on their activities as Special Representative on Human Trafficking and as Special Representative on Mediterranean Affairs, respectively. Chairman Cardin participated in a lengthy debate on OSCE election observation, calling for the Assembly and the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) to coordinate in the field and to take advantage of parliamentary leadership to make observation most effective. The delegation used its time at the Winter Meeting to engage in bilateral meetings with parliamentarians and officials regarding Helsinki Commission concerns, including the OSCE Chair-in-Office envoy Yatsiuk, OSCE Secretary General Zannier and ODIHR Director Janez Lenarcic of Slovenia. Representative Hastings also organized a working session with visiting delegates from the Mediterranean Partner countries in order to plan activity for the coming year that will strengthen the partnership between the Mediterranean Partners – Algeria, Egypt, Israel, Jordan, Morocco and Tunisia – and the OSCE. Representative Aderholt also met with human rights activist and opposition representative Andrei Sannikov to discuss common concerns in Belarus. Beyond the Hofburg, the delegation also met with Ambassador Joseph MacManus, who represents the United States at United Nations organizations based in Vienna, and Director General of the International Atomic Energy Agency Yukiya Amano of Japan. Nuclear proliferation was the main issue in these meetings. Chairman Cardin also was accompanied by the U.S. Ambassador to Austria, Willliam Eacho, as he paid tribute at the Austrian National Council to the Vienna-based organization CENTROPA and its American Director, Ed Serotta, for efforts to preserve Jewish memory in Central and Eastern Europe, the former Soviet Union, the Balkans and the Baltics for future generations. By all accounts, the Winter Meeting represented two days of healthy debate and discussion. The U.S. Delegation played an active role throughout the meeting, making presentations and responding to statements of others.
Ukraine's Upcoming Elections: A Pivotal MomentThursday, May 17, 2012
This hearing focused on concerns of democratic backsliding in Ukraine under President Viktor Yanukovych. In particular, the witnesses and commissioners discussed their concerns with the October 2010 local elections, the March 2012 mayoral elections. The witnesses, including the representative from several different non-governmental organizations working on democratic development in Ukraine, spoke about the impact of corruption, controls over the media and harassment of NGOs on the electoral process. Evheniya Tymoshenko, the daughter of imprisoned former Prime Minister Yulia Tymoshenko, also spoke about her mother’s case.
Healing the Wounds of Conflict and Disaster: Clarifying the Fate of Missing Persons in the OSCE AreaTuesday, February 28, 2012
The hearing examined efforts by governments and their partners in clarifying the fate of persons missing within a number of OSCE participating States and partner countries, especially in the western Balkans and northern Caucasus. The hearing also appraised the adequacy of assistance to governments and other entities engaged in locating missing persons, the obstacles that impede progress in some areas, as well as how rule of law mechanisms help governments fulfill their obligations to the affected families and society in clarifying the fate of missing persons. Currently, over a million persons are reported missing from wars and violations of human rights. In addition, there are thousands of reported cases a year of persons missing from trafficking, drug-related violence, and other causes. Locating and identifying persons missing as a result of conflicts, trafficking in humans and human rights violations and other causes remains a global challenge, with significant impact within the OSCE area.
The OSCE 2011 Human Dimension Implementation MeetingMonday, December 26, 2011
By Erika B. Schlager, Counsel for International Law Overview From September 26 to October 7, 2011, the OSCE participating States met in Warsaw, Poland, for the annual Human Dimension Implementation Meeting (HDIM). The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights, according to an agenda approved by consensus of all 56 participating States. The HDIM is Europe’s largest annual human rights gathering and provides a venue for participating States and non-governmental organizations (NGOs) to review the implementation of the full range of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. In 2011, those subjects were: 1) “Democratic elections and electoral observation,” 2) “Freedom of movement,” and 3) “Enhancing implementation of OSCE commitments regarding Roma and Sinti.” U.S. Delegation The U.S. Delegation was headed by Ambassador David Johnson. Other members of the delegation included Ambassador Ian Kelly, Head of the U.S. Mission to the OSCE; Ambassador Cynthia Efird, Senior State Department Advisor to the Helsinki Commission; Ambassador Suzan Johnson Cook, Ambassador-at-Large for International Religious Freedom; and Deputy Assistant Secretary of State for the Bureau of Democracy, Human Rights, and Labor Thomas Melia. Helsinki Commission staff participated in all aspects of the delegation’s work. Patrick Merloe, National Democratic Institute, Kathleen Newland, Migration Policy Institute, and Ethel Brooks, Rutgers University, served as Public Members of the delegation, addressing democratic elections, freedom of movement, and the situation of Romani people in the OSCE region respectively. Public Members have traditionally been included in U.S. delegations to OSCE human dimension meetings as a means of bringing special expertise to the U.S. delegations and to promote greater knowledge of the OSCE process in civil society. Highlights of This Year’s Meeting The severe crackdown in Belarus which followed elections last December was a focus of attention throughout the two-week meeting, both in formal sessions and special side events. During the final session, the United States delivered a statement focused on the use of the Moscow Mechanism regarding Belarus -- an OSCE tool used in exceptional circumstances to conduct fact-finding regarding extreme human rights concerns. The mechanism had been invoked in April by 14 participating States and a report was presented to the OSCE Permanent Council by the Mechanism Rapporteur, Professor Emmanuel Decaux, on May 28. NGOs also demonstrated throughout the meeting on behalf of Belarusian political prisoner Alex Bielatskiy. The United States also raised issues which remain unresolved following the 2003 invocation of the Moscow Mechanism regarding Turkmenistan. In particular, Ambassador Johnson drew attention to the continued disappearance of Ambassador Batyr Berdiev, the former representative of Turkmenistan to the OSCE. Although Turkmenistan officials did not to participate in the HDIM, human rights groups concerned with Turkmenistan were present and members of the opposition-in-exile made a statement expressing their willingness to return to Turkmenistan and participate in the February 2012 presidential elections. They also called for the OSCE to conduct a full election observation mission for those elections. In its opening statement, the United States observed that Kazakhstan had failed to fully implement the commitments on domestic reform it had made in 2007 in Madrid upon receiving the Chairmanship for 2010, that leading human rights activist Yevgeniy Zhovtis remained in prison as a result of a trial that lacked due process, that Kazakhstan had adopted measures in a one-party parliament giving the current president continued power and immunity from prosecution for life and had held a poorly-conducted snap presidential election following an attempt to push through a referendum to obviate future elections for the incumbent. Although Kazakhstan protested the U. S. characterization of 2010 as “a year of missed opportunities for reform,” Kazakhstan’s adoption of a new restrictive religion law during the course of the human dimension meeting illustrated the very point the United States was making. In fact, of the topics restricted to three-hour sessions, the subject of religious liberties was the most oversubscribed, with Kazakhstan’s new religion law generating particular criticism. As at previous meetings, the allocation of time during the meeting was highly problematic, with speaking time at some of the sessions limited to only one or two minutes to accommodate dozens desiring the floor, while other sessions ended early with time unused. Other real-time developments during the HDIM also found their way into discussions. Following the outbreak of fighting on September 27 at a Kosovo border crossing with Serbia, Serbian representatives at the meeting engaged in a sharply worded exchange with Albanian officials. (Serbia's engagement at the meeting was of particular note in light of Belgrade's bid to serve as OSCE Chair-in-Office in 2014.) The outbreak of anti-Roma rioting in every major Bulgarian town or city during the HDIM underscored the urgency of addressing the chronic human rights problems affecting Roma as well as the acute and escalating crises. Many participants also raised concern regarding continuing human rights abuses against ethnic Uzbeks in southern Kyrgyzstan in the wake of widespread violence last year and in advance of Kyrgyzstani elections in October. During the formal sessions, NGOs demonstrated on behalf of Kyrgyzstani political prisoner Azhimzhon Askarov. The United States engaged fully in all aspects of the meeting, holding bilateral meetings with other OSCE participating States and extensive consultations with NGOs. The United States also organized two side events. The first focused on on the Hague Convention on the Civil Aspects of International Child Abduction. Professor Louise Teitz from the Hague Permanent Bureau (an intergovernmental organization that administers this and other Hague Conventions), and Corrin Ferber from the Department of State, made presentations, with additional comments provided by Consul General Linda Hoover, U.S. Embassy Warsaw. The second event focused on fundamental freedoms in the digital age. DAS Thomas Melia moderated the discussion, which included comments by the OSCE Representative on Freedom of the Media, Dunja Mijatovic; Agata Waclik-Wejman, policy counsel for Google; and Nataliya Radzina, a Belarusian journalist who faces a lengthy prison sentence in Belarus. Conclusions The Human Dimension Implementation Meeting served as an important forum for the United States to raise issues of concern, both formally and informally, and to hold extensive consultations with governments, OSCE officials, and representatives of civil society. That said, this year's HDIM was somewhat diminished relative to past meetings. First, member states of the European Union appeared divided or preoccupied (or both). As a consequence, on a number of subjects – for example, the session that included migrant workers, refugees, and displaced persons -- there was neither a coordinated European Union statement nor statements by individual EU member states speaking in their national capacity. This voice was missed. Second, the level of participation on the part of governments as well as civil society was reduced. This may be in part due to economic factors. But it may also reflect other factors. Prior to the HDIM, for example, Belarus and Russia dragged out the adoption of an agenda until the last possible moment, making it especially hard for NGOs to plan their participation. In addition, OSCE has, in recent years, scheduled so many human dimension meetings throughout the year that it is difficult for government and non-governmental experts to cover them all. (In addition to the discussion of tolerance and non-discrimination at the HDIM, those issues have been or will be addressed at three different ad hoc meetings, as well as one of the Supplementary Human Dimension Implementation Meetings.) The Lithuanian Chairmanship also scheduled some meetings in Vienna during the HDIM, although the modalities call for all Vienna meetings to be suspended during the HDIM to facilitate participation by the representatives to the OSCE. Similarly, the OSCE Parliamentary Assembly fall meeting overlapped with the final sessions of the HDIM. In fact, the modalities for the OSCE's human dimension activities were a dominant theme during the HDIM's closing session -- presaging the opening of discussions in Vienna on that issue held immediately after the HDIM at the insistence of Belarus. While many governments, including the U.S., believe the way in which the OSCE organizes its human dimension activities could be improved, the discussions themselves risk being held hostage by those countries inimical to the OSCE's human rights work.
International Human Rights Day 2011 (Cardin)Friday, December 09, 2011
Mr. CARDIN. Madam President, I rise today to mark International Human Rights Day, a day which celebrates the adoption of the Universal Declaration on Human Rights by the UN General Assembly on December 10, 1948. In the immediate after math of World War II, and reacting with revulsion to the horrors of that global war and the Holocaust, the community of nations organized itself with the goal of protecting international peace and security. Although the United Nations founding Charter recognized the protection of human rights as one of the UN's most basic purposes, it was quickly recognized that it would be necessary to further elaborate these fundamental freedoms in order to ensure their protection. The resulting document--the Universal Declaration of Human Rights--has since served as the foundation upon which all other human rights work at the international level has stood. It remains to this day an enduring guide for human rights advocates around the globe. This has been an exciting and dramatic year that will be remembered for the triumphs of the Arab Spring. The fall of so many dictators who have been responsible for the deaths, torture, and other atrocities meted out against so many has opened up the exhilarating prospect of real reform and meaningful human rights improvements. But the final chapter of the Arab Spring has not yet been written, and nothing can be taken for granted. Progress in this field is not necessarily linear. As Ronald Reagan said in his inaugural address, "Freedom is a fragile thing and is never more than one generation away from extinction.'' I believe it is especially critical, at this historic moment, for the United States to remain vigilant in the protection and promotion of human rights--abroad and at home. Overseas, the United States must continue to use our voice to speak on behalf of those silenced by brutal regimes. We must continue to lift up those who cannot stand on their own. And while we must inevitably pursue a multifaceted foreign-policy that advances American goals in a broad range of areas including hard security and the economy, we must never treat human rights as something expendable. I take particular note of the countries that stand shoulder to shoulder with us in that effort. I welcome Polish Foreign Minister Radek Sikorski's call for a ``European endowment for democracy,'' similar to the National Endowment for Democracy which the United States has supported since 1983. I commend Poland for the leadership it has shown on human rights issues during its presidency of the European Union. In all of these efforts, the role of civil society remains critical. On the 50th anniversary of the adoption of the Universal Declaration of Human Rights, the United Nations adopted a declaration on the rights of human rights defenders. They are the first line of defense and they often pay the highest price. There are, unfortunately, too many cases of human rights defenders who are imprisoned, persecuted or worse, for me to raise them all here. But I would like to mention one in particular that maybe emblematic of many others: the case of Evgenii Zhovtis, Kazakhstan's most well-known human rights activist. Zhovtis is the Director of the Kazakhstan International Bureau for Human Rights and Rule of Law and even a member of the OSCE Office for Democratic Institutions and Human Rights' panel of experts on freedom of assembly. But he was involved in a tragic car accident in which a pedestrian was killed and, after a trial widely condemned for lacking due process, he was sentenced in 2009 to 4 years in prison. A year ago, at the OSCE Summit in Astana, civil society activists called for Zhovtis' release. As one NGO participant remarked: Evgenii is the human rights Everyman. If this can happen to him, it can happen to anyone. A year later, Evgenii Zhovtis remains in a Siberian penal colony, even as Kazakhstan prepares to host an OSCE election observation mission. In the spirit of the Universal Declaration of Human Rights, I once again urge President Nazarbayev to review his case and to release him. Thank you.
Belarus: The Ongoing Crackdown and Forces for ChangeTuesday, November 15, 2011
Nearly one year after the brutal post-December 19, 2010, election crackdown, the human rights picture in Belarus remains bleak. Brave and committed individuals who attempt to promote a democratic future for Belarus continue to be crushed by the dictatorial Lukashenka regime. Civil society continues to be under assault, with NGOs facing ever greater constraints, and freedoms of assembly and expression are severely curtailed. Yet the ongoing economic turmoil has produced growing disaffection, as manifested in Lukashenka’s plummeting popular support, and a changing domestic and international environment. The hearing will focus on the extent and impact of the crackdown on the lives of its victims and on the larger society, and what more can be done by the U.S. and our European partners to promote democratic change in Belarus.
Good GovernanceSaturday, October 22, 2011
Economic and Environmental Dimension Implementation Meeting Session 3: Good Governance Before I begin, I’d like to thank the panelists today for their excellent and informative presentations. The United States has viewed with keen interest the evolving discussions in recent years on what the OSCE’s priorities should be in the Economic and Environmental Dimension. As our friend and colleague Mr. Svilanovic pointed out during last year’s Vienna Review Conference, we appear to have come to an appreciation that good governance is the key linking theme across the entire second dimension. The Maastricht Strategy is very clear on this point: “Good public and corporate governance and strong institutions are essential foundations for a sound economy, which can attract investments, and thereby enable States to reduce poverty and inequality, to increase social integration and opportunities for all, and to protect the environment. Good governance at all levels contributes to prosperity, stability and security.” As we consider the implementation of our second dimension commitments, however, we should keep in mind why it is important to implement those commitments. The global economic downturn continues to put extreme pressure on people and governments across the OSCE region. To be sure, some countries have weathered the storm better than others. Still, no country can be forever immune to market forces, and even within those that have done well, there are always citizens left behind. This is certainly the case in the United States, and for this reason President Obama is focused intently on how best to put those Americans without a job back to work. We all know that trade and investment are critical drivers of economic growth. Indeed, recognizing this important reality, the Obama Administration has launched the National Export Initiative, which seeks to deepen our strategic trade relationships around the world, recognizing that 85 percent of world GDP growth will occur outside the United States in the coming few years. As we encourage more American businesses – large and small – to embrace international trade, seek opportunities in new markets, and make strategic investments that will lead to increased global trade flows, we are keenly aware of the challenges and costs posed by official corruption, weak institutions, and lack of respect for property rights, including intellectual property. Weak governance and lack of transparency constitute non-tariff barriers to trade, which we have committed ourselves to eliminating. Furthermore, the same issues that deter trade and investment also work against comprehensive security: a lack of transparency in governance leads to diminished confidence that problems and disputes will be addressed in a fair and impartial manner. Without trust and confidence in public institutions, there is little incentive for investors and companies to pursue trade deals or direct investment in those economies. The effect is stagnating economic performance, which, as we have seen in the past several months and years, can lead to political upheaval. The United States Government is deeply committed to fostering good governance and transparency in its political and economic institutions. President Obama has made the global fight against corruption a top priority. As he has noted, “In too many places, the culture of the bribe is a brake on development and prosperity. It discourages entrepreneurship, destroys public trust, and undermines the rule of law while stifling economic growth.” The real world costs of corruption and weak institutions should not be underestimated. The World Bank estimates that more than one trillion dollars in bribes are paid each year out of a global economy of approximately 30 trillion dollars. That's an incredible three percent of the world’s economy. In 2009, companies lost nearly $25 billion to companies willing to pay bribes in deals for which the outcome is known. And bribery is especially costly for small and medium-size enterprises (SMEs): a separate study has shown that up to 25 percent of SME operating capital in companies operating internationally is diverted to corruption. That is a staggering figure that illustrates how corruption diverts scarce resources to thoroughly unproductive ends. Corruption is a global problem that knows no borders. And that’s why corruption demands a truly global response – one that knows no limits on collaboration. The Obama Administration is doing its part to implement its obligations under the OECD Anti-Bribery Convention by enforcing the U.S. Foreign Corrupt Practices Act (FCPA) strictly and fairly. We are determined to ensure that U.S. businesses do not contribute to corruption in foreign markets. At the same time, we are determined to do what we can to assist them in the fight against foreign corruption, and against the high risk and significant costs of corruption in such markets. Regrettably, at this stage, the lack of enforcement of domestic bribery laws, and of foreign bribery laws by many nations that are Parties to the OECD Anti-Bribery Convention is extremely troubling and raises concerns about a lack of political will. Governments can and should prosecute both those who give bribes and those who receive them, both at home and abroad. And the OSCE should continue to encourage participating States to adopt and enforce rigorous anti-bribery regimes. Of course, the fight against corruption is not simply a law enforcement matter; rather it can also be a significant – if not the most significant – non-tariff barrier all companies face. Accordingly, the U.S. Department of Commerce and the International Trade Administration (or ITA) are committed to working with our trading partners to level the playing field and to promote transparent and corruption-free markets globally. Our work to promote clean and ethical business environments occurs at both the multilateral and bilateral level. At the multilateral level, the ITA is pressing its counterparts to lead by example and to implement comprehensive anti-corruption measures. In addition to our work through the OECD, the United States has been working diligently to persuade the G20 countries to adopt a comprehensive anti-corruption action plan, which includes a commitment focused on adoption and robust enforcement of anti-bribery laws, implementation of the UN Convention Against Corruption, greater engagement with the private sector, and support for transparency mechanisms, to name a few. Many of these commitments require our G20 partners to enact and implement new laws and preventive measures. The United States, at ITA’s initiative, in particular, took the lead on proposals relating to the private sector and also on whistleblower protection, within the G20. In the United States, whistleblowers play a crucial role in helping to enforce anti-corruption law. This principle is also embodied in international conventions. Articles 12 and 13 of the UN Convention require States Parties to prevent corruption in the private sector and promote the fight against corruption with the business community and civil society. Unless governments can protect whistleblowers, it is unlikely that they can identify or address systemic causes of corruption. The United States believes robust whistleblower protection should be an essential part of any good governance initiative in the OSCE, and I was encouraged to hear Ambassador O’Leary indicate that this will be an area of focus under the Irish Chairmanship. The U.S. Department of Commerce has also been committed to fostering strong private sector integrity as an integral part of promoting good governance in markets worldwide. Companies are global corporate citizens, and as such, can work collectively and with governments to foster trust, and promote transparency. I hope that some our work may provide a useful model for the OSCE to consider as it looks to embrace good governance and anti-corruption as a priority for the second dimension, a goal we fully support, and which I am personally committed to supporting. For example, the ITA has championed business ethics and corporate governance reform since the early 1990s, following the fall of the Berlin Wall. Our Business Ethics Manual has been translated into Chinese, Spanish and Russian and is still one of the most widely used resources on this important topic. We have partnered with business associations and chambers of commerce to develop collective action and business ethics program in many markets. Our work on business ethics has grown. This past year, the ITA has focused on trying to heighten awareness of good governance, transparency and business ethics in sectors of vital importance to many economies – by taking a “sectoral” approach to combating corruption and promoting good business practice, the challenge of dealing with corruption becomes less daunting. The ethical issues specific to different industries vary greatly – and there is no one-size-fits-all approach to the problem. Within the G20, for example, the United States, at the initiative of the U.S. Department of Commerce, has taken the lead in calling for the G20 to endorse additional sectoral approaches to fighting corruption, beyond the Extractive Industries Transparency Initiative (EITI). We have asked G20 governments, for example, to consider supporting the Construction Sector Transparency Initiative (COST) – a new multistakeholder initiative, developed by the World Bank. COST uses similar approaches to EITI to promote greater transparency in public infrastructure projects and government procurement. I hope that the OSCE might similarly consider COST and other multistakeholder approaches to promoting transparency under the Irish chairmanship. Within APEC, the ITA has focused on developing new ethical principles for key sectors within the APEC region. I am pleased to report that under the APEC SME working group, we have coordinated a project with APEC countries and businesses to develop principles of business ethics in the construction, medical devices and biopharmaceutical sectors. These voluntary principles are meant to be used by businesses and trade associations – large andwithin the OSCE framework and the EEDIM, we might also consider focusing on business ethics in specific sectors of interest to all of our economies. I want to close by suggesting some activities to take the theme of good governance and transparency forward. In addition to encouraging the OSCE to formally endorse the Extractive Industries Transparency Initiative—a move that would send an important signal about this body’s commitment to the principles of good governance and transparency—the U.S. encourages us to explore whether there are additional sectoral initiatives that merit support from the OSCE, including the Construction Sector Transparency Initiative. The United States Government also strongly supports the Irish Chair’s goal to develop a Statement or Declaration of Transparency Principles to help guide our governments in their future activities. I want to encourage us to consider new models of bilateral cooperation to promote good governance such as the model Mr. Murray just discussed, leading to a public-private initiative in the Russian power generation sector. We at the U.S. Department of Commerce are working closely with the Center for Black Sea/Caspian Studies at American University to potentially convene a conference in May of next year that would seek to address the challenge of developing mechanisms to ensure good governance and transparency, while also balancing the goals of protecting national security and accelerating economic development faced by the countries of the Caucasus and Central Asia, as they seek to assert their role as a gateway between Europe and Asia. In addition, the conference will also focus on specific market access challenges to regional integration and economic development in the Caucasus and Central Asia such as transparency in Government procurement and privatization, and trade facilitation challenges, including customs and lack of regional harmonization. It is our hope that the OSCE will join us for this event – focused on critical areas such as transport and infrastructure – to work on tangible ideas for projects and collaborations in the OSCE region. We look forward with great interest to the 20th Economic and Environmental Forum, where we will delve deeper into all the facets of good governance. We also thank the Lithuanian Chairman-in-Office for ensuring that their draft Ministerial Council decision on Energy Security incorporates transparency in the energy sector – in our view, considering the vital role that energy plays in modern economic life, there can be no confidence, and thus no security, without energy transparency. In the year ahead, we envision an even broader focus on transparency principles across the entire spectrum of economic and environmental activities, and will work with all of our colleagues in the OSCE to make that vision a reality. Thank you, Mr. Moderator.
Commissioner Camuñez's Opening Statement at the Economic and Environmental Dimension Implementation MeetingMonday, October 17, 2011
Economic and Environmental Dimension Implementation Meeting Opening Remarks On behalf of the United States, I would like to thank the Lithuanian Chairman-in-Office, Secretary General Zannier, Coordinator for Economic and Environmental Activities Svilanović, and of course our Austrian hosts for convening this inaugural Economic and Environmental Dimension Implementation Meeting and for providing a warm welcome to Vienna. It is an honor to be here today as head of the U.S. delegation to the OSCE, representing the U.S. Government in my capacity as an Assistant Secretary of Commerce for Market Access and Compliance (MAC) within the International Trade Administration, and as a Commissioner to the U.S. Helsinki Commission. As a Commerce Department Assistant Secretary for Market Access and Compliance, I am responsible for helping lead the effort to open new markets for U.S. companies, identifying and eliminating market access challenges such as non-tariff barriers to trade, and helping to monitor and enforce U.S. trade agreements and commitments. The work of the Environmental and Economic Dimension, especially that which focuses on transparency of markets and good governance, is closely aligned with the work we undertake in the International Trade Administration. I am here today to deliver the message that the U.S. Government is highly committed to making the second dimension even more effective and dynamic, and that we will do our part in ensuring that our economic and environmental commitments receive the same level of attention and scrutiny that those in the political-military and human dimensions currently enjoy. I will try to keep my remarks brief, but I think it is critical that we take a close look at the economic and environmental commitments as they were spelled out in the 2003 Maastricht Strategy. We still see Maastricht as the key blueprint for moving forward on all the commitments that have come before, and in particular, note a number of areas where we could pursue significant, substantive action over the next few years to achieve measurable progress. Our commitments on economic cooperation have at their core the idea of connectedness to regional and global markets, to trade and investment networks, and to energy and transportation infrastructure, as a way to address emerging economic challenges and threats. In light of the global economic downturn, it is vital that we recommit ourselves to increasing cooperation through a variety of measures, including improving corporate governance and public management, eliminating unnecessary and discriminatory barriers to trade, continuing to harmonize our regulations and standards where appropriate, taking further steps to combat financial crimes like bribery and money laundering, and increasing confidence through the incorporation of transparency principles in all of our public and private ventures. At the same time, in view of our progress made this year worldwide on empowering women in the economy, first at the Invest for the Future Conference in Istanbul in January and most recently at the APEC Summit in San Francisco, we believe it is important to recognize the critical connection between women and strong economies, and to remove all barriers that prevent women from full and equal participation in the economy. I would like to focus my comments this morning on the subject of good governance, however. We have committed ourselves time and again to “good governance,” and while progress has been made, much work remains to be done. As stated in the 2003 Maastricht Strategy, achieving good governance will require a comprehensive, long-term strategic approach. In the view of the U.S. Government, good governance is the core theme within the economic and environmental dimension, and we are pleased that next year’s Forum will address the topic in a broad and detailed way. When we speak of good governance, we speak about governments having both the propensity and the competence to manage complex political and economic systems in a fair, fully inclusive, and transparent way. Anti-corruption is part of it, but not the whole picture. It’s about having transparent, clear and predictable legislative and regulatory frameworks that foster efficient and low-cost business formation and development, and most importantly allow and even encourage robust participation in the political and economic spheres by civil society. Let me say a few words about my agency’s past and current work in this area, reserving greater details and the highlights of a new proposal for Session III tomorrow. From 1998-2008, the U.S. Department of Commerce launched a Good Governance Program, focused on partnering with the public and private sectors in the countries of the former Soviet Union and Central-Eastern Europe. This work, focused on promoting sound corporate governance and business ethics, culminated in the publication of a Business Ethics Manual, a Commercial Dispute Resolution Handbook, and a Corporate Governance Manual translated into several languages and disseminated widely throughout the OSCE region. Today, we continue to work on numerous initiatives around the world, within multilateral fora such as APEC and the G20, which involve OSCE members, promoting consensus based principles focused on anticorruption. We have taken our business ethics work and branched out into new regions including Asia and Latin America. Despite a clear understanding of its importance, the lack of good governance and systemic corruption remain some of the single most important market access challenges for companies engaged in trade around the world. This is especially true for small and medium sized enterprises, which are the engine of economic growth and innovation throughout the world. The United States believes that addressing these issues can only lead to greater investment, economic prosperity and security. Over the next three days, we will discuss OSCE support for the Extractive Industries Transparency Initiative (EITI). I am pleased to report that the U.S. Department of Commerce played an important role in supporting the creation of the EITI in its initial phase. The OSCE now has a chance to follow in the steps of the G8 and G20, by endorsing the EITI, and I applaud the governments that have preceded the United States as implementers. The EITI is a great example of how shared commitments towards good governance and transparency in a vital sector to many countries can work and build sustained momentum and engagement between the private sector, governments and civil society. Tomorrow I will share more concrete information about the work that the U.S. Government and my Department have undertaken to promote good governance and to combat corruption. I am pleased to have an expert on business ethics and anti-corruption in the energy sector, as part of the U.S. delegation. Mr. Matthew Murray runs the Center for Business Ethics and Corporate Governance in St. Petersburg, Russia, and he’ll speak to you later about a good governance initiative involving public and private stakeholders in the power generation sector in Russia, which may serve as a model for similar programs in other OSCE countries. I am also pleased to have Kate Watters of Crude Accountability joining the U.S. delegation, who will provide some examples of how transparency is a critical component of enhancing security in the environmental sphere. A month ago, the Economic and Environmental Forum discussed the concept of sustainability and where efforts to promote sustainable practices stand in our region. Those discussions remind us that our commitments on sustainable development encompass a broad spectrum of activities related to efficiency, sound resource management, and the full involvement of all stakeholders in decision-making. Just to cite an example from the Prague Forum, we recognize that in order to further develop economies and markets in such varied areas as the Black Sea region and Central Asia we will need to address several problems: improving the efficiency of border crossings and building construction, tilting the energy mix towards cleaner fuels, harmonizing standards and practices across the region, and, just as critically, ensuring broad involvement of civil society in the decision-making on project proposal, design, and implementation. One thing that sets the OSCE apart from many other organizations addressing the environment is recognition of the clear connection between the environment and security. We recognize that many environmental disasters cannot be predicted or prevented. At the same time, greater transparency – through information sharing and civil society engagement – about possible security risks stemming from the environment will make it possible to prevent or mitigate more disasters, both natural and man-made. We also must recognize that failure to protect the environment is itself a security risk, putting increased pressure on populations facing dwindling resources of clean air and water, arable farmland, and adequate energy. Colleagues, The next three days provide a critical juncture and platform for finding consensus on measures that will improve our implementation of the OSCE commitments in the economic and environmental dimension. The Vilnius Ministerial is only a month and a half away; now is the time to summon the political will to find a way forward. We look forward to building consensus on decisions on energy security, to include good governance and transparency, and we welcome constructive dialogue on additional measures proposed on confidence-building initiatives and sustainable transport. We view these elements, along with sustainable development and protecting the environment, as the cornerstones of the Maastricht Strategy, and will be speaking about these over the next several days. Just a month ago, we found some convergence of opinion on discrete aspects of the second dimension. Let us expand that convergence to the entire dimension as we review our economic and environmental commitments over the next few days, with a view toward substantive deliverables for Vilnius. Thank you, Mr. Moderator.
Mongolia Moves Toward EuropeWednesday, October 12, 2011
In this briefing, moderated by Commissioner Joseph Pitts (R-PA), the focus was Mongolia’s desire to seek full membership in the OSCE. Since 2004, Mongolia had been an Asian Partner for Cooperation with the OSCE. By establishing a framework for like-minded countries such as Mongolia, the OSCE has been able to further its mandate, particularly in addressing conflict prevention and security threats, and explore opportunities for a wider sharing of OSCE norms, principles, and commitments. The rationale for such an effort to make Mongolia a full-fledged member state was its democratic resilience during what had been, at times, a very difficult economic and political transition. Witnesses attending the briefing included H.E. Khasbazaryn Bekhbat, Ambassador of Mongolia to the United States, Johns Hopkins SAIS Professor Terrence Hopmann, and John Tkacik, President of China Business Intelligence.
2050: Implications of Demographic Trends in the OSCE RegionMonday, June 20, 2011
The hearing focused on the implications of current demographic trends in the expansive OSCE region through the prism of the security, economic and human dimensions. Most of the OSCE’s 56 participating states are experiencing varying stages of demographic decline, marked by diminishing and rapidly aging populations. Such patterns were identifying as likely to have significant social, economic and security consequences for countries throughout the region, including the United States. Witnesses testifying at this hearing – including Jack A. Goldstone, Director of the Center for Global Policy at George Mason University; Nicholas Eberstadt, Henry Wendt Scholar in Political Economy of the American Enterprise Institute; Richard Jackson, Director and Senior Fellow of the Global Aging Initiative at the Center for Strategic and International Studies; and Steven W. Mosher, President of the Population Research Institute – addressed issues related to the demographic trends in the OSCE region, such as shrinking workforces in a growing number of participating States that are expected to become increasingly dependent upon foreign workers in the coming decades. A concern that these factors could contribute to mounting social tensions as demonstrated by clashes in some participating States in recent years was evident.
Prospects for Unfreezing Moldova’s Frozen Conflict in TransnistriaTuesday, June 14, 2011
This briefing, which Commissioner Phil Gingrey moderated, focused on the human cost of Moldova’s frozen conflict with Transnistria, its breakaway region, and the prospects for resolving this conflict that, at the time of the briefing, was two decades old. The term “frozen” entails settlement not by a peace agreement, but, rather, by an agreement to freeze each side’s positions. The conflict began immediately following the dissolution of the former U.S.S.R. in 1992, when armed conflict between Moldova and Russian-backed separatist forces was frozen by mutual consent. The Moldovan government had no reasonable alternative. The frozen conflict in Transnistria also has had grave human rights and humanitarian concerns. So, the questions the briefing examined were how to resolve these concerns whether or not the conflict can be unfrozen.
The OSCE as a Model for the Middle EastWednesday, March 02, 2011
For video of this speech, please click here. Mr. CARDIN. Mr. President, I ask unanimous consent to speak as in morning business. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. CARDIN. Mr. President, we have all watched in awe during the past weeks as the unquenchable desire for liberty and human dignity has inspired the people of the Middle East to lift themselves from oppression and move their country toward a new dawn. Sadly, we now also watch in horror the brutality of Colonel Qadhafi, who murders his own people as he clings to power. I join President Obama in calling for Colonel Qadhafi to leave Libya immediately and support our efforts, in concert with the international community, to help the Libyan people. What happens next? No one knows. I certainly do not have the answer. I pray that peace and stability come quickly to Libya and hope the people of Egypt and Tunisia make swift and concrete progress in establishing democratic institutions and the rule of law. While each country in the region must find its own path in this journey, I would suggest the international community currently has a process in place that can serve as a way forward for the countries in the Middle East and North Africa in establishing a more democratic process, that guarantees free elections and free speech. I am referring to the Organization for Security and Cooperation in Europe , the OSCE. The OSCE traces its origins to the signing of the Helsinki Accords in 1975, and for more than 35 years has helped bridge the chasm between Eastern and Western Europe and Central Asia, by ensuring both military security for member countries and the inalienable human rights of its citizens. There are three baskets in OSCE. One basket deals with human rights because it is critically important that the countries respect the rights of their citizens. Another basket deals with security because you cannot have human rights unless you have a secured country that protects the security of its people. The third basket deals with economics and environment because you cannot have a secure country and you cannot have human rights unless there is economic opportunity for your citizens and you respect the environment in which we live. The three baskets are brought together. In the United States, the Congress created the U.S. Helsinki Commission that monitors and encourages compliance by the member states in the OSCE. I am privileged to serve as the Senate chairman of the U.S. Helsinki Commission, and I represent our Commission on most of these issues. Today Egypt and Tunisia, along with Algeria, Israel, Jordan, and Morocco, are active Mediterranean partners within the OSCE and have made a commitment to work toward the principles of the organization. In 1975, the Helsinki Final Act recognized that security in Europe is closely linked with security in the Mediterranean and created this special partnership between the signatory states and the countries in the Mediterranean as a way to improve relations and work toward peace in the region. Libya was an original partner in this endeavor but, regrettably--and , in my view, to its detriment--ultimately, turned its back on the organization. More recently, the U.S. Helsinki Commission has made the Mediterranean partnership a priority on our agenda. Parliamentary assembly meetings have taken place in which all of the member states were present, including our partners, and we have had sidebar events to encourage the strengthening of the relationship between our Mediterranean partners for more cooperation to deal with human rights issues, to deal with free and fair elections, to deal with their economic and environmental needs, including trade among the Mediterranean partners and , yes, to deal with security issues to make sure the countries and the people who live there are safe. A Helsinki-like process for the Middle East could provide a pathway for establishing human rights, peace, and stability in Egypt, Tunisia, and other countries in the region. As a member of the Helsinki Commission since 1993, I have discussed the possibility of a Helsinki-like process for the region with Middle Eastern leaders, a process that could result in a more open, democratic society with a free press and fair elections. The Helsinki process, now embodied in the Organization for Security and Cooperation in Europe , bases relations between countries on the core principles of security , cooperation , and respect for human rights. These principles are implemented by procedures that establish equality among all the member states through a consensus-based decisionmaking process, open dialog, regular review of commitments, and engagement with civil society. We have seen the Helsinki process work before in a region that has gone through generations without personal freedom or human rights. Countries that had been repressed under the totalitarian regime of the Soviet Union are now global leaders in democracy, human rights, and freedom. One need only look as far as the thriving Baltic countries to see what the Middle East could aspire to. Lithuania now chairs both the OSCE and the Community of Democracies. Estonia has just joined the Unified European common currency, and Latvia has shown a commitment to shared values as a strong new member of the NATO alliance. Enshrined among the Helskini Accord's 10 guiding principles is a commitment to respect human rights and fundamental freedoms, including free speech and peaceful assembly. The Helsinki process is committed to the full participation of civil society. These aspects of the Helsinki process--political dialog and public participation--are critical in the Middle East, and we have watched these principles in action today in Egypt and Tunisia. The principles contained in the Helsinki Accords have proven their worth over three decades. These principles take on increasing importance as the people of the Middle East demand accountability from their leaders. Whether the countries of the region choose to create their own conference for security and cooperation or, as some have suggested, the current OSCE Mediterranean partners and their neighbors seek full membership in the OSCE, I believe such an endeavor could offer a path for governments in the region to establish human rights, establish a free press, and institute fair elections. Finally, as the citizens of both Tunisia and Egypt demand more freedom, I urge both countries to permit domestic and international observers to participate in any electoral process. The OSCE and its parliamentary assembly have extensive experience in assessing and monitoring elections and could serve as an impartial observer as both countries work to meet the demands of openness and freedom of their citizens. The election monitoring which takes place within the OSCE states is a common occurrence. During our midterm elections, there were OSCE observers in the United States. So they are present in most of the OSCE states because we find this a helpful way to make sure we are doing everything we can to have an open and fair election system. Free and fair elections are critical, but they must be built upon by the strengthening of democratic institutions and the rule of law. I believe the principles contained in the Helsinki Accords have a proven track record and could help guide this process. With that, I yield the floor.
Lithuania’s Leadership of the OSCEWednesday, February 16, 2011
Rep. Chris Smith (NJ-04) and other legislators welcomed Lithuania’s as a member of NATO, the EU, and OSCE Chair-in-Office. The commissioners commended Lithuania on its remarkable work in democratically reforms in its own country. However, the attendees of the hearing expressed their concerns over Lithuania’s neighbor, Belarus, Europe’s “last dictatorship.” Legislators also reflected on the trajectories of other Newly Independent States.
Year in Review: 2010 Supplementary Human Dimension MeetingsFriday, January 28, 2011
By Janice Helwig and Mischa Thompson, Policy Advisors Since 1999, the OSCE participating States have convened three “supplementary human dimension meetings” (SHDMs) each year – that is, meetings intended to augment the annual review of the implementation of all OSCE human dimension commitments. The SHDMs focus on specific issues and the topics are chosen by the Chair-in-Office. Although they are generally held in Vienna – with a view to increasing the participation from the permanent missions to the OSCE – they can be held in other locations to facilitate participation from civil society. The three 2010 SHDMs focused on gender issues, national minorities and education, and religious liberties. But 2010 had an exceptionally full calendar – some would say too full. In addition to the regularly scheduled meetings, ad hoc meetings included: A February 9-10 expert workshop in Mongolia on trafficking; A March 19 hate crimes and the Internet meeting in Warsaw; A June 10-11th meeting in Copenhagen to commemorate the 20th anniversary of the Copenhagen Document; A (now annual) trafficking meeting on June 17-18; and A high-level conference on tolerance June 29-30 in Astana. The extraordinary number of meetings also included an Informal Ministerial in July, a Review Conference (held in Warsaw, Vienna and Astana over the course of September, October, and November) and the OSCE Summit on December 1-2 (both in Astana). Promotion of Gender Balance and Participation of Women in Political and Public Life The first SHDM of 2010 was held on May 6-7 in Vienna, Austria, focused on the “Promotion of Gender Balance and Participation of Women in Political and Public Life.” It was opened by speeches from Kazakhstan's Minister of Labour and Social Protection, Gulshara Abdykalikova, and Portuguese Secretary of State for Equality, Elza Pais. The discussions focused mainly on “best practices” to increase women’s participation at the national level, especially in parliaments, political parties, and government jobs. Most participants agreed that laws protecting equality of opportunity are sufficient in most OSCE countries, but implementation is still lacking. Therefore, political will at the highest level is crucial to fostering real change. Several speakers recommended establishing quotas, particularly for candidates on political party lists. A number of other forms of affirmative action remedies were also discussed. Others stressed the importance of access to education for women to ensure that they can compete for positions. Several participants said that stereotypes of women in the media and in education systems need to be countered. Others seemed to voice stereotypes themselves, arguing that women aren’t comfortable in the competitive world of politics. Turning to the OSCE, some participants proposed that the organization update its (2004) Gender Action Plan. (The Gender Action Plan is focused on the work of the OSCE. In particular, it is designed to foster gender equality projects within priority areas; to incorporate a gender perspective into all OSCE activities, and to ensure responsibility for achieving gender balance in the representation among OSCE staff and a professional working environment where women and men are treated equally.) A few participants raised more specific concerns. For example, an NGO representative from Turkey spoke about the ban on headscarves imposed by several countries, particularly in government buildings and schools. She said that banning headscarves actually isolates Muslim women and makes it even harder for them to participate in politics and public life. NGOs from Tajikistan voiced their strong support for the network of Women’s Resource Centers, which has been organized under OSCE auspices. The centers provide services such as legal assistance, education, literacy classes, and protection from domestic violence. Unfortunately, however, they are short of funding. NGO representatives also described many obstacles that women face in Tajikistan’s traditionally male-oriented society. For example, few women voted in the February 2010 parliamentary elections because their husbands or fathers voted for them. Women were included on party candidate lists, but only at the bottom of the list. They urged that civil servants, teachers, health workers, and police be trained on legislation relating to equality of opportunity for women as means of improving implementation of existing laws. An NGO representative from Kyrgyzstan spoke about increasing problems related to polygamy and bride kidnappings. Only a first wife has any legal standing, leaving additional wives – and their children - without social or legal protection, including in the case of divorce. The meeting was well-attended by NGOs and by government representatives from capitals. However, with the exception of the United States, there were few participants from participating States’ delegations in Vienna. This is an unfortunate trend at recent SHDMs. Delegation participation is important to ensure follow-up through the Vienna decision-making process, and the SHDMs were located in Vienna as a way to strengthen this connection. Education of Persons belonging to National Minorities: Integration and Equality The OSCE held its second SHDM of 2010 on July 22-23 in Vienna, Austria, focused on the "Education of Persons belonging to National Minorities: Integration and Equality." Charles P. Rose, General Counsel for the U.S. Department of Education, participated as an expert member of the U.S. delegation. The meeting was opened by speeches from the OSCE High Commissioner on National Minorities Knut Vollebaek and Dr. Alan Phillips, former President of the Council of Europe Advisory Committee on the Framework Convention for the Protection of National Minorities. Three sessions discussed facilitating integrated education in schools, access to higher education, and adult education. Most participants stressed the importance of minority access to strong primary and secondary education as the best means to improve access to higher education. The lightly attended meeting focused largely on Roma education. OSCE Contact Point for Roma and Sinti Issues Andrzej Mirga stressed the importance of early education in order to lower the dropout rate and raise the number of Roma children continuing on to higher education. Unfortunately, Roma children in several OSCE States are still segregated into separate classes or schools - often those meant instead for special needs children - and so are denied a quality education. Governments need to prioritize early education as a strong foundation. Too often, programs are donor-funded and NGO run, rather than being a systematic part of government policy. While states may think such programs are expensive in the short term, in the long run they save money and provide for greater economic opportunities for Roma. The meeting heard presentations from several participating States of what they consider their "best practices" concerning minority education. Among others, Azerbaijan, Belarus, Georgia, Greece, and Armenia gave glowing reports of their minority language education programs. Most participating States who spoke strongly supported the work of the OSCE High Commissioner on National Minorities on minority education, and called for more regional seminars on the subject. Unfortunately, some of the presentations illustrated misunderstandings and prejudices rather than best practices. For example, Italy referred to its "Roma problem" and sweepingly declared that Roma "must be convinced to enroll in school." Moreover, the government was working on guidelines to deal with "this type of foreign student," implying that all Roma are not Italian citizens. Several Roma NGO representatives complained bitterly after the session about the Italian statement. Romani NGOs also discussed the need to remove systemic obstacles in the school systems which impede Romani access to education and to incorporate more Romani language programs. The Council of Europe representative raised concern over the high rate of illiteracy among Romani women, and advocated a study to determine adult education needs. Other NGOs talked about problems with minority education in several participating States. For example, Russia was criticized for doing little to provide Romani children or immigrants from Central Asia and the Caucasus support in schools; what little has been provided has been funded by foreign donors. Charles Rose discussed the U.S. Administration's work to increase the number of minority college graduates. Outreach programs, restructured student loans, and enforcement of civil rights law have been raising the number of graduates. As was the case of the first SHDM, with the exception of the United States, there were few participants from participating States’ permanent OSCE missions in Vienna. This is an unfortunate trend at recent SHDMs. Delegation participation is important to ensure follow-up through the Vienna decision-making process, and the SHDMs were located in Vienna as a way to strengthen this connection. OSCE Maintains Religious Freedom Focus Building on the July 9-10, 2009, SHDM on Freedom of Religion or Belief, on December 9-10, 2010, the OSCE held a SHDM on Freedom of Religion or Belief at the OSCE Headquarters in Vienna, Austria. Despite concerns about participation following the December 1-2 OSCE Summit in Astana, Kazakhstan, the meeting was well attended. Representatives of more than forty-two participating States and Mediterranean Partners and one hundred civil society members participated. The 2010 meeting was divided into three sessions focused on 1) Emerging Issues and Challenges, 2) Religious Education, and 3) Religious Symbols and Expressions. Speakers included ODIHR Director Janez Lenarcic, Ambassador-at-large from the Ministry of Foreign Affairs of the Republic of Kazakhstan, Madina Jarbussynova, United Nations Special Rapporteur on Freedom of Religion or Belief, Heiner Bielefeldt, and Apostolic Nuncio Archbishop Silvano Tomasi of the Holy See. Issues raised throughout the meeting echoed concerns raised during at the OSCE Review Conference in September-October 2010 regarding the participating States’ failure to implement OSCE religious freedom commitments. Topics included the: treatment of “nontraditional religions,” introduction of laws restricting the practice of Islam, protection of religious instruction in schools, failure to balance religious freedom protections with other human rights, and attempts to substitute a focus on “tolerance” for the protection of religious freedoms. Notable responses to some of these issues included remarks from Archbishop Silvano Tomasi that parents had the right to choose an education for their children in line with their beliefs. His remarks addressed specific concerns raised by the Church of Scientology, Raelian Movement, Jehovah Witnesses, Catholic organizations, and others, that participating States were preventing religious education and in some cases, even attempting to remove children from parents attempting to raise their children according to a specific belief system. Additionally, some speakers argued that religious groups should be consulted in the development of any teaching materials about specific religions in public school systems. In response to concerns raised by participants that free speech protections and other human rights often seemed to outweigh the right to religious freedom especially amidst criticisms of specific religions, UN Special Rapporteur Bielefeldt warned against playing equality, free speech, religious freedom, and other human rights against one another given that all rights were integral to and could not exist without the other. Addressing ongoing discussion within the OSCE as to whether religious freedom should best be addressed as a human rights or tolerance issue, OSCE Director Lenarcic stated that, “though promoting tolerance is a worthwhile undertaking, it cannot substitute for ensuring freedom of religion of belief. An environment in which religious or belief communities are encouraged to respect each other but in which, for example, all religions are prevented from engaging in teaching, or establishing places of worship, would amount to a violation of freedom of religion or belief.” Statements by the United States made during the meeting also addressed many of these issues, including the use of religion laws in some participating States to restrict religious practice through onerous registrations requirements, censorship of religious literature, placing limitations on places of worship, and designating peaceful religious groups as ‘terrorist’ organizations. Additionally, the United States spoke out against the introduction of laws and other attempts to dictate Muslim women’s dress and other policies targeting the practice of Islam in the OSCE region. Notably, the United States was one of few participating States to call for increased action against anti-Semitic acts such as recent attacks on Synagogues and Jewish gravesites in the OSCE region. (The U.S. statements from the 2010 Review Conference and High-Level Conference can be found on the website of the U.S. Mission to the OSCE.) In addition to the formal meeting, four side events and a pre-SHDM Seminar for civil society were held. The side events were: “Pluralism, Relativism and the Rule of Law,” “Broken Promises – Freedom of religion or belief in Kazakhstan,” “First Release and Presentation of a Five-Year Report on Intolerance and Discrimination Against Christians in Europe” and “The Spanish school subject ‘Education for Citizenship:’ an assault on freedom of education, conscience and religion.” The side event on Kazakhstan convened by the Norwegian Helsinki Committee featured speakers from Forum 18 and Kazakhstan, including a representative from the CiO. Kazakh speakers acknowledged that more needed to be done to fulfill OSCE religious freedom commitments and that it had been a missed opportunity for Kazakhstan not to do more during its OSCE Chairmanship. In particular, speakers noted that religious freedom rights went beyond simply ‘tolerance,’ and raised ongoing concerns with registration, censorship, and visa requirements for ‘nontraditional’ religious groups. (The full report can be found on the website of the Norwegian Helsinki Committee.) A Seminar on Freedom of Religion and Belief for civil society members also took place on December 7-8 prior to the SHDM. The purpose of the Seminar was to assist in developing the capacity of civil society to recognize and address violations of the right to freedom of religion and belief and included an overview of international norms and standards on freedom of religion or belief and non-discrimination.
OSCE 2010 Informal Ministerial: Kazakhstan Persistence Earns a Summit in AstanaMonday, November 01, 2010
By Winsome Packer Policy Advisor Kazakhstan hosted its long-sought OSCE Informal Ministerial in Almaty July 16-17, 2010, the realization of a key aim of its Chairmanship. A second important objective of the Kazakh Chairmanship: a summit on Kazakh soil during 2010, came closer to realization during the meeting. An Astana Summit would be the OSCE’s first since the 1999 Istanbul Summit, which yielded the Adapted Conventional Armed Forces Treaty. Early and persistent calls for “substance before summit” by the U.S. Delegation and other participating States had put in doubt both the informal ministerial and the summit for months. However, a number of the participating States argued for the high level attention to wide-spread security challenges in the OSCE region and the erosion of OSCE values in some quarters. Ten years after the last OSCE summit, they argued, necessitated a meeting of heads of states and governments to reaffirm the participating States’ commitment to the organization’s values and agree on a way forward to tackle the challenges confronting the region today. Thus, six months of, at times, heated informal Corfu dialogue on security challenges in the OSCE region, which was mandated by the Athens Ministerial Declaration, yielded more than 50 “food for thought” papers from the participating States, the Parliamentary Assembly, the OSCE Secretariat, the Partners for Cooperation, think tanks and non-governmental organizations. The thematic papers evolved into an Interim Report during June, which incorporated the proposals submitted within the Corfu Process. It formed the basis for the agenda at the Almaty Informal Ministerial and for the Summit which will be held in Astana December 1-2, 2010. The Almaty Informal Ministerial saw the participation of more than forty foreign ministers, including from the Russian Federation, France, Germany, Canada, Spain, Portugal, Poland, Georgia, Turkey, Austria, and Ukraine. The Parliamentary Assembly’s delegation included President Petros Efthymiou, and Secretary General Spencer Oliver. The U.S. delegation was headed by Deputy Secretary of State James Steinberg who, in a bilateral meeting with the Kazakhstanis on July 16, affirmed U.S. support for an OSCE summit this year. The joining of consensus on the summit decision by the United States elicited private expressions of relief from many delegates, and heightened expectations for the summit which would reflect the outcome of the Corfu Process: a declaration and an action plan. The Chair-in-Office requested that the OSCE delegations work toward these aims throughout the summer. During the meeting, delegates voiced support for the summit, to be held in Astana. A majority of the participating States urged OSCE support for Kyrgyzstan, in particular, through the deployment of a police mission. The United States and many delegates stated that the substance of the summit should be based upon the four proposals put forward by the European Union to: (1) bolster the OSCE’s capabilities in all three dimensions to promote early warning, conflict prevention and resolution, crisis management and post-conflict rehabilitation, including in relation to the protracted conflicts; (2) strengthen implementation and follow-up of OSCE norms, principles and commitments in particular, human dimension commitments covering human rights and fundamental freedoms, including freedom of the media; (3) enhance the conventional arms control framework, including confidence and security building measures, through updating the 1999 Vienna Document and the Conventional Forces in Europe Treaty); and (4) increase attention to transnational threats in all three OSCE dimensions. Some delegates also called for a summit to: focus on instability in Afghanistan; intensify efforts to resolve protracted conflicts in the region, and address nuclear terrorism and the proliferation of nuclear and weapons of mass destruction. The United States called for greater military transparency, implementation of human dimension commitments and addressing inter-ethnic conflict in Kyrgyzstan. The U.S. delegation also expressed support for the expeditous deployment of a police force to Kyrgyzstan and for an action plan for the future work of the participating States. In addition to supporting the European Union’s four summit process proposals, the United States also expressed support for a focus on Afghanistan. A Chair’s Perception Paper, resulting from the informal ministerial, incorporated these concerns. Russian Foreign Minister Sergei Lavrov reiterated Russia’s support for the summit “this year.” He urged the involvement of other regional and sub-regional leaders in addressing the Kyrgyzstan situation. He expressed hope that action would be taken on Russia’s proposal for a European Security Treaty (EST) and that it would not merely remain a “subject for discussion.” Lavrov said that the summit document should reflect the post Cold War situation and the security system that emerges should be “free of dividing lines.” He said that Russia was studying NATO’s response to the EST proposal and underlined that the summit should give strong, political impetus for supporting Kyrgyzstan. Concurrent with the Informal Ministerial, draft decisions on the holding of an OSCE summit during 2010 and draft decisions on the agenda and modalities of the summit and agenda and modalities for a review conference were circulated. The review conference would be held in Vienna, Warsaw, and Astana. Negotiations on the draft decisions began on July 19.
Legal Hooliganism – Is the Yukos Show Trial Finally Over?Wednesday, September 29, 2010
In this briefing, which Commissioner Alcee L. Hastings presided over, the focus was the second Yukos trial of Mikhail Khodorkovsky. More specifically, the purpose of “Legal Hooliganism – Is the Yukos Show Trial Finally Over?” was to not only expose the injustice in the Khodorkovsky case, but also in the entire Russian judicial system. The trial against Khodorkovsky and oil company Yukos commenced in 2003. Many viewed such an effort as a politically motivated attack by the Kremlin. Eventually, before the time of the briefing, the case against Khodorkovsky had become a complete show trial in which the accusations against the defendant had become so absurd. The outcome and proceeding of this case, then, had implications not only for the fairness of the trial of Khodorkhovsky, but also for concerns for Russia as a society based on the rule of law.
The Future of an Efficient Eurasian Transit System Stopped Dead in Its Tracks? A Report on the 18th Economic and Environmental Forum and the Future of Central Asian Road and Rail TransportMonday, August 02, 2010
By Josh Shapiro, Staff Associate The 18th Economic and Environmental Forum (EEF) was held this year on May 24-26, 2010, in Prague, Czech Republic with the theme of promoting good governance at border crossings, improving the security of land transportation, and facilitating international transport by road and rail in the OSCE region. The Forum brought together 42 of the 56 OSCE participating States, four Partners for Cooperation, multiple international organizations including the United Nations Economic Commission for Europe (UNECE) and the International Road Transport Union (IRU), and several business, academic, and non-governmental organizations. The EEF is annually the central event of the Organization for Security and Cooperation in Europe’s economic and environmental activities. The Forum gives political impetus to dialogue in this area and provides recommendations for future follow-up activities. The EEF takes place in two parts, of which this meeting in Prague is the second; the first part was held on February 1-2, 2010 in Vienna, Austria. Two preparatory conferences for the Forum have also been held, the first in Astana, Kazakhstan on October 12-13, 2009 and the second in Minsk, Belarus on March 15-16, 2010. The 18th Economic and Environmental Forum in Review Transport is a crucial factor, not only between Asia and Europe, but around the world. The need for simplified systems, which can cut down transit times and costs for products, will enable countries to thrive from the revenue and job creation that it possesses to affected countries. Along with these positive factors comes the downside of such a new system. More corruption, environmental pollution, and the need for more security measures will all become new factors. The road to implementation of a fully integrated Eurasian transit system will be long and tough. A slew of major bumps along the way will surely slow the progress of long-term execution, which includes, but is not limited to, revising visa and customs procedures, rule of law issues between neighboring countries, smuggling of weapons and drugs, human trafficking concerns, and private and public sector corruption. Concerns about the increase of prices of goods due to delays from the aforementioned issues and improving customs systems have arisen, given that many neighboring countries have complex differences between them. Enhancement of cooperation between these participating States will be a critical test to the vitality of this proposed transit network and whether it will survive the many problems it faces. Prospects for the further development of efficient and secure transit transportation between Asia and Europe Improving Eurasian transport links can promote mutual economic growth and help overcome the current global economic recession. Further development will help facilitate positive partnerships between participating States, and will help stabilize the region. Additionally, landlocked countries will benefit greatly from the new trade routes built with their neighboring transit countries. The current state of transport links is in dire need of improvement. According to Russian Railways, building a 1520 millimeter gauge railway in Slovakia from Bratislava to Vienna, as well as associated logistics infrastructure, may be a breakthrough in developing the transport link from Europe through Central Asia to China. This proposed railway will attract freight traffic from numerous countries including Austria, Slovakia, the Czech Republic, Hungary, Germany, Switzerland, Italy, Slovenia, Serbia and Croatia. By building a new system, it will take approximately one-third of the transit time currently in place, helping move current maritime transport practices to more efficient and cost-effective road and rail transport. Rises in global economy are determined by transport, energy, climate, and water security. Building a new ground system will not, however, provide for a perfect method of transport, as an infrastructure without security is useless. Review of the implementation of OSCE commitments in the economic and environmental dimension The United Nations Economic Commission for Europe (UNECE) prepared a Review Report focused on the facilitation of international transport and the security of inland transport. In the report, there is discussion of the many challenges that an integrated Eurasian transport system faces. For example, road traffic safety, border crossing challenges, capacity and quality of road and rail infrastructure are just a few of the obstacles. There must be a shift from a national transit perspective to a regional perspective. Once integrated, there must be a shift from a regional to an inter-continental approach. Additional challenges include a development gap between countries, as some do not have the resources to build such an infrastructure. Investment in transport is a question of priority within a country, as some give precedence to other issues, regardless of what a neighboring participating State might do. CO2 abatement, traffic safety, and trade and transport facilitation need to be compared to security concerns. The lack of a current unified rail law is a major issue, and land transport security is currently well underestimated. According to the UNECE, road safety should be given priority when looking at security issues. In fact, more people have been killed since World War II on the roads than in the War itself. Currently, road and rail networks are not integrated fully, especially in Central Asia, and the need for an adequate and coherent system will be challenging. According to Ms. Eva Monár of UNECE, inland water transport is currently operable; however, efficient integration into the modern day system is lacking because not all countries border a body of water. The environmental impact of an expansion is of major concern, as air pollution causes health hazards and harms our atmosphere. The need for more efficient ‘green’ vehicles is recommended in some UNECE countries, as well as proposed paths around urban areas, reducing noise nuisance and smog. Promoting Good Governance in International Transportation and at Border Crossings Many barriers are faced in international transportation, including issues at border crossings. Approximately 40% of transit time is lost at border crossings as a result of bad governance and the lack of a simplified visa and customs process. Based off of numerous presentations, the need for cooperation between countries is a must and a proactive approach must be made. Procedures need to be modified so that freight traffic can move in a secure and regulated manner, and contractual frameworks need to be in place for joint liability between carriers and its customers. According to the International Rail Transport Committee (CIT), the OSCE could also play a role in locating and identifying efficient trade routes and motivate participating States to conduct pilot projects to check for potential issues. An example was given at the Forum of a demonstration train that the Economic Cooperation Organization (ECO) ran from Islamabad, Pakistan to Istanbul, Turkey in the fall of 2009. The run proved to potential private investors to take another look at its promise for faster and efficient trade, and this example particularly demonstrated the importance of political will from the States that took part. Regarding customs issues, The Arusha Declaration, adopted by the World Customs Organization in 1993 and revised in 2003, outlines a way forward to enhance integrity in the Customs environment. The revised Kyoto Convention is also key to implement, which harmonizes the customs clearing process. The major concern is the lack of integrity within the customs community and the strong need for governments to be fully committed to reduce corruption. For example, according to a representative of Azerbaijan, modernization of its procedures is already taking place and the amount of waiting time during its customs process has decreased ten-fold. Simplifying the documentation system and implementing a single window structure is the key, as well as training border patrol agents correctly on following up-to-date procedures. The United Nations Conference on Trade and Development suggests that the implementation of existing conventions should be given priority and that public-to-public and public-to-private sector relations are both very important. The Rotterdam Rules were brought up, which were the result multilateral negotiations that took place within the United Nations Commission on International Trade Law for seven years starting in 2002. The Convention, signed by 21 countries including the United States, describes who is responsible and liable for what, and brings clarity under a single contract of carriage. Ireland, which will chair the OSCE in 2012, noted that the EU’s single window market took more than 40 years to implement and the longer term benefit of such a system far outweighs the potential loss of sifting through free trade agreements. Transport facilitation and Security in Central Asia and with Afghanistan Afghanistan currently faces numerous challenges when trading with its neighboring countries and the world. According to Mr. Ziauddin Zia, Adviser to the Minister of Commerce and Industry of Afghanistan, the obstacles include implementing second-generation policy reforms, the exorbitant cost of doing business, a weak-knowledge economy, and poor infrastructure. Tremendous progress has been made in Afghanistan, though, which has recently been torn with violence and corruption. There was a mention by Mr. Zia of the ‘World Bank’s Doing Business’ report, which lists economies on their ease of doing business, of which Afghanistan is ranked last out of 183 countries for the ease of trading across its borders. Poor road conditions hinder efficient trade, and the lack of access to Central Asia by rail limits the possibility of trade with neighboring States. In the long term, if reform in Afghanistan can be achieved in such challenging conditions, other countries can certainly do it as well. Mr. Thomas M. Sanderson, Deputy Director and Senior Fellow at the Center for Strategic and International Studies (CSIS), stressed the economic significance and geopolitical importance of Afghanistan due to its strategic location as the land bridge between the subcontinent, Central Asian states, and the Persian Gulf. Legal frameworks and capacity building through the OSCE could place an added value to the region as well. The Impact of Transportation on Environment and Security Many risks are associated with transcontinental transport, including shipping hazardous waste and dangerous goods. There was a focus on many instances where these materials are shipped through non-EU countries, which do not have to adhere to guidelines already in place. The need to adopt legislation for a single method system to then work with prior European legislation was a discussion topic, as well as the need for construction of secure railcars and subsequently a study of accident prevention. International training of monitoring personnel and trainers were brought to light, and the idea of translating more training manuals was suggested. Unfortunately, security is a major factor that is holding up talks to build an intercontinental rail transport system. Air transport is now secure but rail is certainly not. There are countless access points to terrorize a rail system, as opposed to scanning cargo and passengers in a secure arena such as an airport. Initial costs may increase to prevent terrorism and provide a more secure system, but the long-term economic benefits will make the venture worthwhile. Specific Transport Security Aspects and the Role of the OSCE The importance of land versus maritime transportation is quite evident, as virtually all freight is carried on roads at some point throughout the shipping-to-receiving process. The security aspect of land transportation is much more complex than that of sea, as there is much more potential of terrorist acts being carried through over such a vast area. Some argue, though, that there is an unwillingness of governments to compromise sovereignty in favor of international frameworks and measures. Enhancing inland transport security is key, though currently it appears to be under-protected, especially in the international law perspective. ‘Good practice’ sharing is an effective and inexpensive way to enhance transport security. The United Nations Economic Commission for Europe has organized an ‘Inland Transport Security Discussion Forum’ to provide dialogue on inland transport security issues. The threat of weapons of mass destruction remains but the need to focus on those areas in which cargo is relatively harder to protect is crucial. Closed methods of transport, including aviation (100% passenger and luggage screening) and maritime transport (almost 100% container scanning), might currently be used for global transit, though more of a look into inland transit needs to take effect. Inland transit remains open and accessible to security threats, and design safety standards on railcars and cargo vehicles need to improve. Current financial uncertainty will place greater scrutiny on the decision-making process, especially in the aspect of security. A look at history and past events, such as the Madrid, London, and Russian train bombings, will need to be integrated into the managerial process; however, there is no existing model that fully meets the need of a counter-terrorism security appraisal. Follow-up to the 18th Economic and Environmental Forum The Eighteenth Economic and Environmental Forum is a clear example that the OSCE is taking efforts to provide dialogue to facilitate and secure road and rail transportation, and an effective Eurasian transport system will be a long-term undertaking. Cooperation from neighboring countries and the perseverance of its people to one day be a part of a larger system than just their own will lead to lower overall priced goods and more security for its citizens. The U.S. welcomes further discussion by Kazakhstan, the current Chair-in-Office of the OSCE, of trade and transport ideas at the upcoming OSCE summit, as Kazakhstan is a land-locked country and could reap significant benefits from freer regional trade. Subsequent peace and stability would have a profound effect in the region, especially in Afghanistan where trade is hindered by corruption and the lack of efficient infrastructure. Although many agreements between participating States exist, overcoming the political and economic hurdles to effective implementation will remain the key impediment to success.
Copenhagen Anniversary ConferenceTuesday, July 27, 2010
By Orest Deychakiwsky, Policy Advisor Representatives from a majority of the 56 OSCE participating States and several dozen non-governmental organizations (NGOs) gathered in Copenhagen on June 10-11 to mark the 20th anniversary of the adoption of the 1990 Copenhagen Document and to assess implementation of key provisions of that landmark document. The anniversary conference, titled “20 years of the OSCE Copenhagen Document: Status and Future Perspectives,” was co-organized by the Kazakhstani OSCE Chairmanship and Denmark, and held at the Eigtveds Pakhus, Danish Ministry of Foreign Affairs. Michael Haltzel led the U.S. delegation, which was joined by U.S. Ambassador to the OSCE, Ian Kelly and representatives from the OSCE Mission in Vienna, the State Department and the Helsinki Commission. Five substantive working sessions, reflecting some of the major themes of the groundbreaking Copenhagen Document, were held: Democratic processes – elections and human rights; Rule of Law; National Minorities; Freedom of Movement; and Measures to improve implementation of the human dimension commitments. Many speakers highlighted the historic importance of the Copenhagen Document, which offered a blueprint for pluralistic democratic development, rooted in the rule of law and protection of human rights, throughout the OSCE region – a revolutionary document at the time and one that remains highly relevant two decades later. The June 1990 Copenhagen Meeting came at a unique time in history when dramatic changes were taking place; the fall of the Berlin Wall and subsequent collapse of one-party regimes in Eastern Europe had taken place only months earlier. And the following year – 1991 -- witnessed the emergence of 15 independent states with the dissolution of the Soviet Union. Truly, those were dynamic days during which sweeping new commitments -- which would have been impossible to garner consensus for years or even months prior -- received universal support. Indeed, it is questionable as to whether consensus to the Copenhagen agreement would be found today, given the democratic and human rights backsliding that has occurred in a number of participating States. The Copenhagen Document underlines the centrality of political pluralism, civil society and human rights as fundamental elements of functioning democracies. As Ambassador Max Kampelman, the head of the U.S. delegation to the 1990 conference summed it up, “In effect, the Copenhagen document represents the first formal proclamation, by the States themselves, of a Europe both whole and free.” It identified the protection of human rights and fundamental freedoms as one of the basic purposes of government and acknowledged that democracy is an inherent element of the rule of law. Among the achievements of the Copenhagen Document were the far-reaching commitments on democratic elections which laid the groundwork for the OSCE’s future activities with respect to election observation. Copenhagen also represented a significant step forward with respect to the protection of minorities, and for the first time there was a direct reference to Roma and to anti-Semitism. While participants at the anniversary meeting underscored the significant progress over the last 20 years, many also called for fuller compliance with the Copenhagen commitments, noting, for instance, backsliding in holding democratic elections in some participating States; suppression of civil society, including independent media, NGOs and human rights defenders; the deficit of impartial and independent justice; and the lack of separation of powers – especially the concentration of power in the executive. The last session of the conference discussed measures to improve implementation of human dimension commitments, including the prevention of human rights violations through the use of reporting before the violations occur; enhancement of standards and commitments; strengthened monitoring mechanisms, including a U.S. proposal to dispatch special representatives to investigate reports of egregious human rights violations and make corrective recommendations before the violations become entrenched; and improved cooperation with, and involvement of, civil society actors in advancing democracy, human rights and the rule of law. Ultimately, however, compliance with existing standards enshrined in the Copenhagen Document, the Helsinki Final Act and all other OSCE commitments remains the primary responsibility of the participating State.
Mr. President, I wish to submit for the Record a report on the activity of a congressional delegation I led to Belgrade, Serbia, from July 7 to 10, to represent the United States at the 20th Annual Session of the OSCE Parliamentary Assembly. I did so in my capacity as cochairman of the U.S. Helsinki Commission.
I was joined by our colleague from New Hampshire, Senator Shaheen, who also traveled to Sarajevo, Bosnia. Senator Shaheen is also a member of the Helsinki Commission. Our colleague from Alaska, Senator Begich, also participated on the delegation but was in Dubrovnik, Croatia, as part of the official U.S. Delegation to the 6th annual Croatian Summit of regional political leaders and European officials.
As the report details, the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, or OSCE PA, has been an excellent opportunity for the U.S. Congress to engage our European friends and allies, and to make clear to less friendly countries that our ties to the continent will not be diminished.
U.S. engagement also provides a means for us to advance U.S. interests by encouraging Europe to focus more on policy issues of concern to us, from democratic shortcomings within Europe such as Belarus to the new challenges and opportunities coming from North Africa and the Middle East and other parts of the world.
The revised Senate schedule made us miss the opening days of the Belgrade meeting, but we made up for that with an intensive schedule from Friday to Sunday. All three U.S. resolutions and most of our delegation's amendments to resolutions were adopted, including a resolution I submitted on political transition in the Mediterranean region and amendments welcoming the arrest of at-large war crimes indictee Ratko Mladic and calling for Turkey to allow the Ecumenical Patriarch to open a theological school in Halki.
Senator Shaheen and I also used the opportunity of visiting Belgrade to encourage progress in Serbia's democratic transition. We met with President Tadic as well as the Speaker of the Serbian National Assembly, the chief negotiator in the technical talks on Kosovo-related issues, representatives of civil society, and of Serbia's Romani and Jewish communities.
We came away from our visit impressed with the progress Serbia has made thus far. While there are lingering manifestations of the extreme and violent nationalism from the Milosevic era of the 1990s, I believe there is a genuine commitment to overcome them. We should support those in and out of government in Serbia who turn this commitment into action.
Mr. President, I ask unanimous consent to have printed in the Record the Report to which I referred.
There being no objection, the material was ordered to be printed in the Record, as follows:
Report of the US. Congressional Delegation (CoDel Cardin) to Belgrade, Serbia; Sarajevo, Bosnia-Herzegovina; and Dubrovnik, Croatia July 7-10, 2011
Senator Benjamin L. Cardin (D-MD), Helsinki Commission Co-Chairman, and fellow Senator and Commissioner Jeanne Shaheen (D-NH) traveled to the 20th Annual Session of the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA), held in Belgrade, Serbia, from July 6-10, 2011. The senators were able to do this despite a U.S. Congressional schedule that precluded House Members from traveling to the meeting and curtailed Senate attendance to only three of the session's five days. Three resolutions and more than one dozen amendments to various resolutions initiated by the United States Delegation were nevertheless considered and passed by the Assembly. Senator Shaheen was also able to make a one-day visit to neighboring Bosnia-Herzegovina, and both Senators were able to link with their colleague, Senator Mark Begich (D-AK), attending the Croatian Summit of regional political leaders held in Dubrovnik, Croatia.
THE OSCE PA
The Parliamentary Assembly was created within the framework of the OSCE as an independent, consultative body consisting of 320 parliamentarians from the 56 participating States, stretching from Central Asia and Russia across Europe and including the United States and Canada. Annual Sessions are the chief venue for debating international issues and voting on a declaration addressing human rights, democratic development, rule-of-law, economic, environmental and security concerns among the participating States and the international community.
The Parliamentary Assembly adopts its declaration by majority voting for resolutions coming from three committees dealing with political/security, economic/environmental and democracy/human rights issues respectively, in addition to other resolutions introduced by delegations to supplement these texts. Following the amendment of these resolutions also by majority voting, this generally allows for considerable verbiage to be accepted each year but also for franker language addressing controversial or new issues to be included than the OSCE itself can achieve on the basis of consensus among the 56 participating States. The heavy focus of OSCE diplomats on issues like trafficking in persons and combating intolerance in society is rooted in initiatives originally undertaken by the parliamentarians in the Assembly.
Having the largest delegation with 17 members, the United States historically has played a key role in OSCE PA proceedings, and there has been robust congressional participation since the Assembly's inception two decades ago. This engagement is reassuring to friends and allies in Europe while ensuring that issues of interest or concern to U.S. foreign policy are raised and discussed. In addition to representing the United States as delegates, members of the Helsinki Commission have served as OSCE PA special representatives on specific issues of concern, committee officers, vice presidents and the Assembly president.
THE TWENTIETH ANNUAL SESSION
This year's Annual Session was hosted by the National Assembly of Serbia and held in Belgrade's Sava Center, the 1977-78 venue for the first follow-up meeting of the diplomatic process that was initiated by the 1975 signing of the Helsinki Final Act and is the OSCE today. During various interventions at the session, note was made not only of the vast changes in Europe since that time but also in Serbia, which was then a constituent republic of the former Yugoslavia but is today an independent state making progress in democratic development after overcoming more than a decade of authoritarian rule and extreme nationalist sentiment.
A meeting of the Standing Committee--composed of OSCE PA officers plus the heads of all delegations--met prior to the opening of the Annual Session. Chaired by OSCE PA President Petros Efthymiou of Greece, the committee heard numerous reports on the activities of the past year, endorsed a budget that has remained frozen for a fourth consecutive fiscal year, and approved for consideration at the Annual Session 25 of the 26 items introduced by various delegations to supplement the committee resolutions. Only an Italian draft on Asbestos Contamination failed to achieve a 2/3 vote approving its consideration.
With approximately 230 parliamentarians in attendance, the opening plenary of the Annual Session featured a welcome by Serbian Prime Minister Mirko Cvetkovic and National Assembly Speaker Slavica Djukic-Dejanovic and reports by the OSCE Chair-in Office, Lithuanian Foreign Minister Audronius Az 0ubalis, and the newly appointed OSCE Secretary General, Lamberto Zannier of Italy. Zannier welcomed the OSCE PA's interest in fostering closer cooperation with the OSCE Permanent Council in Vienna and committed himself to facilitating greater PA engagement through his leadership of the OSCE Secretariat and coordination with its institutions.
In his own remarks, PA President Efthymiou noted the "spirit of Helsinki'' which developed at the Belgrade meeting more than three decades ago and lamented the crisis in which the OSCE finds itself today. He called for significant changes to the operations of the Vienna-based organization to make it more effective and relevant in addressing the political and security issues of today. The theme for the Annual Session--Strengthening the OSCE'S Effectiveness and Efficiency, a New Start after the Astana Summit--was chosen to address this matter in light of last December's summit meeting in Astana, Kazakhstan, which had heightened the political attention paid to the OSCE's work.
The following three days were devoted to committee consideration and amendment of the three resolutions and 21 supplementary items, and plenary consideration of the four additional supplementary items. Two additional resolutions were defeated in the process. The first was another initiative of an Italian delegate focusing on crimes causing serious social alarm, which lacked significant support. The second originated with the Belgian delegation on enlarging the OSCE's Mediterranean Partners for Cooperation to include Lebanon and the Palestinian National Authority (PNA). The latter was lost in a close vote after being heavily debated by those who advocate wider engagement in the long-term and those who questioned the timing of taking such an initiative. A number of parliamentarians felt it inappropriate for the OSCE to solicit interest by the Lebanese Government and the PNA while they are both under leadership that does not embrace OSCE principles. Some of the resolutions which did pass examined the deplorable human rights situation in Belarus, the unresolved conflict in Moldova, gender issues in the OSCE and the participating States, national minority concerns including the plight of Roma, cyber security, as well as combating violent extremism, transnational organized crime, and human trafficking for labor and organs.
U.S. INITIATIVES IN BELGRADE
Despite its small size, the U.S. Delegation remained very active in the deliberations, introducing three resolutions of its own, working closely with the delegation of the Netherlands on a fourth, and suggesting over a dozen amendments to various texts. All four of these resolutions were adopted, as were all but two of the U.S. amendments.
Co-Chairman Cardin's major initiative was a resolution on Mediterranean Political Transition, which directs the OSCE and its participating States to make their expertise in building democratic institutions available to Mediterranean Partner States: Algeria, Egypt, Israel, Jordan, Morocco and Tunisia. The resolution specifically encouraged the interim governments of Egypt and Tunisia to make a formal request for OSCE support following their consultations with the OSCE Office for Democratic Institutions and Human Rights (ODIHR). It also called for an OSCE civil society forum to be hosted by a Mediterranean Partner State later this year. The Senator collaborated with the head of the Spanish delegation on numerous additional amendments to demonstrate the real priority this should be for the organization, and the initiative received widespread praise among the delegates. "We have all been inspired by the movements for freedom and change sweeping across the Middle East and North Africa,'' Senator Cardin noted while introducing the resolution, "and we support the citizens of the countries in the region as they demand respect for their basic human rights, economic opportunity, and open and responsive government ..... The OSCE and our Parliamentary Assembly have substantial capacity to assist our Mediterranean Partners..... We also must condemn in the strongest terms the unbridled violence unleashed by the governments of Libya and Syria against their own citizens.''
Though not in attendance, Commission Chairman Christopher H. Smith (R-NJ) introduced two resolutions for the Assembly's consideration that also were adopted. The first dealt with Combating Labor Trafficking in Supply Chains, urging governments to ensure that all goods they procure are free from raw materials and finished products produced by trafficked labor and to press corporations to independently verify that their supply chains are free of exploitation. The resolution also sought to raise consumer awareness about industries more likely to use trafficked labor. Two strengthening amendments authored by Co-Chairman Cardin were adopted. The amendments welcomed a recent OSCE meeting on the issue and urged diplomats to pass a declaration on the matter during a meeting of OSCE foreign ministers later this year.
The second Smith Resolution focused on International Parental Child Abductions and passed without amendment. Its core focus was to press OSCE States to become parties to the 1983 Hague Convention on the Civil Aspects of International Child Abduction and to implement its provisions. The resolution also urged that parental child abduction be considered at the 2011 OSCE Ministerial Council in Vilnius this December.
Ranking House Commissioner Alcee L. Hastings (D-FL), who serves as the Parliamentary Assembly's Special Representative on Mediterranean Affairs, collaborated with OSCE PA Special Representative on Migration Kathleen Ferrier of the Netherlands on countering racism and xenophobia in Europe with measures to foster inclusion of affected communities. Noting that 2011 has been designated the International Year for People of African Descent, the resolution included a focus on racial bias against citizens and migrants of African descent, and called for specific measures to be taken by OSCE institutions to address reported increases of racial and ethnic discrimination in the OSCE region. The resolution also emphasized the importance of integrating ethnic minorities into economic and political life through capacity building partnerships between the public and private sector. The resolution passed with widespread support.
Supported by Senator Shaheen, Co-Chairman Cardin covered several smaller and more detailed issues with amendments, such as one welcoming the arrest in Serbia of at-large war crimes indictee Ratko Mladic, another urging Turkey to allow the reopening of the Ecumenical Orthodox Patriarchate's Theological School of Halki without condition or further delay, and another supporting greater transparency in the energy sector. Working with a German delegate, Senator Cardin also succeeded in removing language from a Serbian resolution which politicized the issue of investigating an organ-trafficking case that originated in neighboring Kosovo during the 1999 conflict. Serbian officials lobbied the PA Assembly directly and through the media to accept the resolution's call for the United Nations to conduct the investigation, contrary to the efforts being undertaken by the U.S. and EU to proceed through an already established EU rule-of-law mission. The U.S.-supported amendment was successful in designating the EU entity and the U.N. Mission in Kosovo as responsible for the investigation. There was insufficient support, however, for a U.S. amendment welcoming EU efforts thus far.
During the course of debate, Co-Chairman Cardin also suggested granting Mediterranean Partner countries a greater ability to participate in OSCE PA sessions through changes to Assembly rules. He also highlighted U.S. policy on cyber security in the vigorous debate of a resolution which in some respects diverged from the U.S. approach. In his capacity as an OSCE Vice President, the Senator, as an urgent matter, also supported consideration of a resolution focused on the lack of transparency in the OSCE during the recent selection of a new Secretary General. Language on this matter was also included in the final declaration.
SELECTING THE OSCE PA LEADERSHIP FOR THE COMING YEAR
In addition to hearing closing comments from Serbian Foreign Minister Vuk Jeremic and adopting the final declaration, the parliamentarians attending the Annual Session voted for contested seats in the Assembly's leadership. President Efthymiou was unopposed, as was Treasurer Roberto Battelli of Slovenia, and both were re-elected by acclamation. In a race among six candidates for three of the nine Vice President positions, Wolfgang Grossruck of Austria was re-elected, with Walburga Habsburg-Douglas of Sweden and Tonino Picula of Croatia elected for the first time. Senator Cardin has one additional year in his term as Vice President and is not eligible for another re-election.
Committee officers saw more dramatic changes, with only one officer retaining his position as committee chair. Others moved to higher positions within the committees or ran for the three Vice President seats. Unfortunately for the U.S. Delegation, Representative Robert B. Aderholt (R-AL), a Helsinki Commissioner, did not win his second re-election bid as a committee Vice Chair due to his inability to be in Belgrade. He was unsuccessful in fighting off a challenge by a French delegate who entered the race at the last minute.
SIDE EVENTS IN BELGRADE
In addition to the formal proceedings, OSCE PA meetings often offer the possibility for delegations to sponsor side-events on issues needing additional attention. A luncheon focusing on gender issues in the OSCE is held annually, including in Belgrade. Non-governmental organizations may also hold their own events and invite the delegates to participate. In Belgrade, a coalition held a session on continued use of torture in OSCE States, with a focus particularly on the situation in Kyrgyzstan following the ethnic violence in 2009. Delegation-sponsored events in Belgrade included one on human rights abuses in Belarus, one on cases of alleged trafficking in human organs in Kosovo and elsewhere, and one featuring a film on two Jewish sisters in Serbia who escaped the Holocaust during World War II. With Senator Shaheen and U.S. Ambassador to Serbia Mary Burce Warlick in attendance, Senator Cardin participated in the latter event with opening comments on the work of the Vienna-based organization Centropa, which prepared the -film. Delegation staff attended most of the other side events as well.
BILATERAL MEETINGS WITH SERBIA AND A SIDE-TRIP TO BOSNIA-HERZEGOVINA
While the delegation travelled to Belgrade principally to represent the United States at the OSCE PA Annual Session, the Helsinki Commission leadership regularly uses this travel to discuss bilateral issues with the host country and to visit nearby countries of concern. In Serbia, the delegation met with President Boris Tadic, National Assembly Speaker Slavica Djukic-Dejanovic, and chief negotiator for technical talks on Kosovo Boris Stefanovic. Ambassador Warlick briefed the Senators and attended the meetings.
Evident in the bilateral meetings was the progress Serbia was making in its internal political transition and attainment of European integration. Serbian officials made clear they were committed to overcoming the nationalist legacy of the Milosevic era, strengthening Serbia's democratic institutions and encouraging greater respect for the rule of law. While there are clear differences between the United States and Serbia regarding Kosovo, the officials asked for an expression of congressional support for agreements being reached in technical talks between Belgrade and Pristina that were of direct benefit to the people and brought an increased sense of regional stability, as well. They also stressed their support for Bosnia-Herzegovina's unity and territorial integrity. The U.S. Delegation welcomed Serbia's approach and encouraged Belgrade to curtail the activity of parallel Serbian institutions in northern Kosovo which are currently the greatest source of instability in the region. The message was amplified throughout the region by a VOA interview conducted with Senator Cardin.