Implementation Of The Helsinki Accords Vol. VI – Soviet Law And Helsinki MonitorsTuesday, June 06, 1978
This briefing discussed the repression against human rights activists in the Soviet Union. Chairman Fascell and Commissioner Leahy oversaw the testimony of several American lawyers representing imprisoned members of the Moscow-Helsinki Group detailing the abuses committed against their clients. Numerous documents from Soviet citizens were also submitted to the record documenting the Soviet authorities’ violations of the Helsinki Accords’ human rights provisions.
Soviet Law and the Helsinki MonitorsTuesday, June 06, 1978
Between February 3, 1977 and June 1, 1978, twenty Soviet citizens active in the defense of human rights in five different Republics were arrested and imprisoned; two others, traveling abroad on Soviet passports, were stripped of their citizenship and denied the right to return to the USSR. All are members of the Public Groups to Promote Observance of the Helsinki Agreement in the USSR (the Soviet Helsinki Watch) or, in the case of two men, of its subsidiary Working Commission to Investigate the Abuse of Psychiatry for Political Purposes. The twenty-one men and one woman are being punished under a variety of different criminal charges. Their "crime," however, is identical: political dissent, expressed in the non-violent, open effort to spur Soviet authorities to implement the human rights and humanitarian undertakings of the August 1975 Final Act of the Conference on Security and Cooperation in Europe (the Helsinki Accord.) The following study by the staff of the U. S. Commission on . Security and Cooperation in Europe examines the workings of Soviet law and criminal procedure as applied in these cases of political dissent. It discusses the guarantees of Soviet law, including international covenants ratified by the USSR, against arbitrary arrest and unfair trial and compares those to the practices used against the Helsinki Watchers. From the study it is evident that those guarantees -- both substantive and procedural -- have been repeatedly violated in the persecution and prosecution of the twenty-two human rights activists. The violations uncovered range from improper conduct of pre-arrest house searches through illegally prolonged pre-trial detention to unlawful denial of the rights of the defense at the trial. This pattern of official conduct toward free, but dissenting political expression is not new in the Soviet Union. In the treatment of the Soviet Helsinki Watch, however, it has been systematic and can be termed, without question, a gross and intentional violation of both the pledges in the Final Act and the safeguards promised by the Soviet Constitution, Criminal Codes and Codes of Criminal Procedure.
The Belgrade Followup Meeting to the Conference on Security and Cooperation in Europe: A Report and AppraisalWednesday, May 17, 1978
For some 5 months -- between October 4, 1977, and March 9, 1978 -- delegates of the 35 nations that signed the 1975 Helsinki accord met in Belgrade to determine how well the commitments set out in the Final Act of the Conference on Security and Cooperation in Europe had been kept. From their work, a new ingredient in East-West diplomacy emerged: The recognition of human rights as an integral aspect of detente. This is an important step on the road toward making Europe a place where human rights are universally respected in all countries, even though it carries no guarantees of speedy remedies for existing abuses. Although the Belgrade meeting examined new proposals, drafted a concluding document and scheduled the next review meeting, the main work of the Belgrade meeting was a line-by-line review of the Final Act. This complex document contained provisions for regulating the political relations between the states of Europe, for easing military tensions among them, and for improving trade, commerce and the flow of people and ideas between East and West. But the elements that caught the imaginations and enthusiasm of ordinary citizens were those guaranteeing human rights and fundamental freedoms and promoting policies among governments which would enhance their consistent observance. To understand the advance made at Belgrade and the limits on it, it is necessary to remember that CSCE decisions of the 35 countries can only be arrived at unanimously; each nation can reject any proposal or document by merely denying consensus. Moreover, the discussions at Belgrade were closed to the public and not transcribed, except for 2 weeks of formal, on-the-record speeches at the start and end of the meeting. Given these circumstances, Belgrade was more what therapists would call an "encounter session" than what jurists would regard as a tribunal. It was better suited for exchanges of views and arguments than for the issuance of formal findings or decrees. The United States and its allies-along with many of the neutral and nonalined countries-sought to make the review of Final Act implementation the touchstone of the Belgrade meeting. For the United States, the most urgent and important matters centered on questions of human rights, for it was here that performance was most glaringly deficient. The working sessions at Belgrade demonstrated the determination of Western and neutral signatories to record specific criticisms of Eastern implementation of the Helsinki Final Act.
The Belgrade CSCE Meeting - U.S. Delegation Statements, Oct. 6 to Dec. 22Saturday, October 01, 1977
During this reporting period, the most-significant development affecting implementation of commitments undertaken at the Conference of Security and Cooperation in Europe (CSCE) was the beginning on October 4 in Belgrade of the first CSCE follow-up meeting. President Carter's appointment of the distinguished American jurist and diplomat, Arthur J. Goldberg, as Chairman of the US delegation and Ambassador-at-large for CSCE demonstrates the importance which the President attaches to the CSCE process and to the Belgrade meeting in particular. This meeting provides the first opportunity to conduct a full review of the understandings contained in the CSCE Final Act, signed by 35 heads of state at Helsinki in August 1975. It also offers a forum to set forth clearly the President's personal commitment to a dialogue on humanitarian matters as one of the fundamental aspects of detente. Ambassador Goldberg leads a delegation which includes all of the Congressional members of the CSCE Commission as well as members of the Commission staff, a number of distinguished public members from business, academia, the labor movement and other walks of life, plus representatives of several government departments and agencies. In preparing for the Belgrade conference, the United States delega-t tion called upon the resources of other government departments and, with the assistance of the CSCE Commission, heard the views of numerous private organizations whose interests are affected by provisions of the Final Act. As a result, Ambassador Goldberg entered the Belgrade meeting with the broad support of the American people for his important task. On instructions approved personally by the President, all delegation members are working to assure that the Belgrade discussions result in an honest and candid review of areas where progress has been made and of areas where greater efforts are needed, especially in the vital field of human rights. The Administration shares the view expressed in the report issued by the CSCE Commission on the second anniversary of the Helsinki Summit that the Final Act offers significant potential for improvement of relations between East and West. We also agree that much of that potential is yet to be realized. The Belgrade meeting has offered a unique opportunity to give new impetus to the longterm process initiated with signature of the Final Act and to ensure that the great potential represented by this process is not left to dissipate. The Belgrade meeting is a new venture in the history of East- West relations. It is not a negotiation as such, and it does not look toward a new agreement or to changes in the Helsinki Final Act. Its task is to conduct an exchange of views on experience gained during the past two years and to examine means of deepening coopera- tion in the future. The experience gained in the course of this exchange will be one of the most important results of the meeting. Based on this experience, the participants should be better able to pursue implementation both in their own countries and in their mutual relations in years to come.
Implementation of the Final Act: Findings and Recommendations Two Years After HelsinkiFriday, September 23, 1977
In December 1976, at the conclusion of an 18-day study mission in Europe, five members of the Commission on Security and Cooperation in Europe reported that the "potential" of the 1975 Helsinki accords "for improving East-West relations over the long term is far more significant than their initial impact." Eight months of inquiry later-on the second anniversary of the signing of the Final Act-the Commission remains confident of the constructive "potential" of the 35-nation agreement. It finds, however, that much of the potential is yet to be realized. The potential has been dramatized by the popular response in Eastern Europe and the Soviet Union to the Helsinki accord provisions on human rights, eased conditions for travel and family reunification and freer flow of information. The impact of the Final Act on private individuals -- thanks to its immediate and widespread publication in the Warsaw Pact states -- has been great. Its publication stimulated significant expectations of change in governmental conduct. Those expectations, however, have been dashed in some instances, realized only partially in many others. Signatories have been obliged by a variety of political considerations to move cautiously, if at all, to tailor their foreign or domestic conduct to the specifications endorsed at the Helsinki summit of the Conference on Security and Cooperation in Europe. Having "declare[d] their determination to act in accordance with the provisions contained" in the Final Act,2 the participating states have -- with a few significant exceptions -- generally continued to act with limited regard for the undertakings they gave one another on August 1, 1975. The Final Act was meant to give an impulse toward a common code of European and North Atlantic diplomatic and civil conduct. Both an expression of and a political stimulus to the process of international detente, the Final Act is also, quite specifically, a framework for relaxation of East-West tensions and the promotion of more stable relations between different and differing social systems. As a nonbinding declaration of intentions (not a treaty), however, it could do no more than define aspirations and outline the manner in which they were to be met. The record of its implementation is the test of its impact. The record of the first 2 years has been more productive than the Commission expected, though far short of the high promises which the language of the Final Act holds forth. Signatory nations have treated the document seriously, though respect for some of its provisionsparticularly in the area of human rights -- has not matched either the commitments given nor the hopes those pledges aroused. The Helsinki accord has not brought dramatic changes in East-West relations, but history may note it as more than a small step toward peace and a stability based on something more than mutual fear. Two years is a relatively short time in which to alter the long standing practices of sovereign nations, either in regard to one another or to their citizenries. In measuring the achievements of the Helsinki accord, Secretary of State Cyrus R. Vance cautioned the Commission, "I do not think that one can take a look at it in this moment alone and say it has either been a success or a failure. I think what you have now is a mixture of things. We have some slight movement forward in certain areas; we have no movement in others; and we have retrogression in others. But I think that a process has been started. . . and that we must stay with that process and continue to press what we believe to be correct." The Commission concurs in stressing the value of a process which has made it possible for the officials and private citizens of the 35 signatories to engage one another in discussions and exchanges made legitimate and significant by the Final Act. At the international level, the conference of the participating states in Belgrade this year creates the first opportunity to evaluate jointly the progress that has and has not been made and to impart fresh momentum to the process which the Final Act set in motion. The conferees at Belgrade, however, have little reason for self-congratulation. As they review the record of implementation. they must conclude-as this Commission does-that the distance to be covered toward the Final Act's goal of "peace, security and justice and the continuing development of friendly relations and cooperation" is far greater than the very limited advances already achieved. No participant in the Belgrade meeting can convincingly claim for his nation a perfect record of compliance with all Final Act principles and provisions. All too often the intentions the signatories expressed have been ignored in practice. On occasion-and, in some instances, systematically-the letter and spirit of the Helsinki accord have been violated. The burden of responsibility for failures of omission and commission in human rights and humanitarian matters does fall more heavily on the countries of the Warsaw Pact than on the other 28 si-natories, either individually or in various groupings. It must be recognized that the Final Act, by the nature of its provisions, calls for more action by the Soviet Union and its East European allies to alter existing practices than it requires of the Western signatories. It would be a mistake, however, to consider all Warsaw Pact states as having entirely common policies in this regard. There is a degree of East European govern- ment concern over human rights to which Western observers are sometimes insensitive. A relatively open society has little difficulty honoring commitments such as those of the Final Act signatories -- to ease travel, contact, and flow of information across frontiers. The adjustment -- though it has not yet been fully made in the visa-issuing practices of France, Great Britain, and the United States, for instance -- need not be politically wrenching. Rapid, full compliance would, however, be unsettling to the traditions and attitudes of the Communist nations. Yet even where gestures of compliance have been made, they have been dilatory and largely cosmetic. Progress, in summary, has been inadequate. Measured against either the hopes voiced at the Helsinki summit or the need for smoother and more stable relations among the signatories, the implementation of the Final Act has fallen short.
IMPLEMENTATION OF THE HELSINKI ACCORDS VOL. IV - REPORTS ON SOVIET REPRESSION AND THE BELGRADE CONFERENCESunday, June 05, 1977
In light of first anniversary of the creation of the Commission on Security and Cooperation in Europe, this hearing focused on the work and the plight of courageous individuals who utilized the Helsinki accords as instruments for advancing international respect for human rights. In particular, the hearing delved into the case of Anatoly Shcharansky, one of the most courageous spokesmen of human rights in the U.S.S.R., faces treason charges as groundless as they are ominous. The Soviet decision to hold a show trial for Shcharansky with phony evidence and counterfeit witnesses combined with the earlier arrest of members of Helsinki monitoring groups in Russia, Ukraine, and most recently, in Georgia, were in violation of the Helsinki accords.
Implementation of the Helsinki Accords Vol. III – Information Flow, And Cultural And Educational ExchangesTuesday, May 17, 1977
In this hearing, Commissioner Dante Fascell and others discussed the impact that the Helsinki Accords had on easing and expanding the flow of ideas and information across ideological and international frontiers. The rationale for this hearing, which consisted of three mornings of testimony, was that, while the Commission has had a long and storied history of hearing and discussing the movement of people, one goal of the Helsinki Accords is to diminish the obstacles that keep the views of others out, which are also the borders that restrict freedom of movement for people.
Implementation of the Helsinki Accords Vol I - Human Rights and ContactsWednesday, February 23, 1977
This hearing focused on the implementation of the Helsinki Accords and explored proposals for advancing compliance. The Commissioners and witnesses discussed how the accords could better East-West relations. They discussed how the framework of the Helsinki accords helps provide protection against armed intervention in internal affairs, or the threat of such intervention. The Commissioners heard testimonies from those working on human rights in Warsaw Pact countries and from many American citizens seeking reunification with relatives in Warsaw Pact countries.
Implementation of the Helsinki Accords Vol.I - Human Rights & ContactsWednesday, February 23, 1977
Hon. Dante Fascell, Chairman of the Commission on Security and Cooperation in Europe, presided over this hearing on the implementation of the Helsinki Accords. This hearing focused on the Commisison's consideration of the provisions of the 1975 Helsinki Accords dealing with respect for human rights and fundamental freedoms and with freer movement of people and information. The purpose was to define what the Commission knew of implementation of the accords and of their violations, to explore proposals for advancing compliance, and to seek advice on the role the accords played bettering East-West relations. Hon. Fascell was joined by Leonard Garment, former U.S. Representative to the United Nations Commission on Human Rights, and Vladimir Bukovsky, former Soviet political prisoner.
East-West Economic Cooperation-Basket II-Helsinki Final ActThursday, January 13, 1977
Our immediate business is to look at Basket IT, whose scope is greater than mere questions of trade and commerce, because in many ways politics is economics. Basket IT was designed to enhance economic cooperation among CSCE states in a way to loosen restraints inhibiting dealings between the Soviet bloc and the West. The hearing will offer suggestions on resolving problems of trade with eastern CSCE states; and how the U.S. Government deals with Basket II problems and how it can improve the overall trade picture by exploiting Basket II provisions in order to bolster East-West trade initiatives.
Report of the Study Mission to EuropeWednesday, December 01, 1976
Study Mission of the Commission on Security and Cooperation in Europe visited 18 signatories of the Helsinki Final Act between November 5 and November 23, 1976. The purpose of the Mission was to gather information about the current status of implementation of the provisions of the Helsinki accords and to establish contacts with key European political and governmental officials as well as private individuals and organizations concerned with various aspects of the implementation process. The CSCE Study Mission was composed of Rep. Dante B. Fascell, D-Fla. (Commission chairman); Sen. Claiborne Pell, D-R.I. (co-chairman); Rep. Jonathan Bingham, D-N.Y.; Rep. Millicent Fenwick, R-N.J.; and Rep. Paul Simon, D-Ill. Travelling individually, Commissioners and staff aides met with government officials and parliamentarians in Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, Greece, Italy, Liechtenstein, Luxembourg, the Netherlands,' Norway, the Holy See, Sweden, Switzerland, Turkey, the United Kingdom and Yugoslavia, as well as with experts at NATO, the European Community, the Council of Europe, UNESCO, the Intergovernmental Committee on European Migration, the OECD, the United Nations High Commission for Refugees, and the United Nations Economic Commission for Europe. The Mission regrets that it could not confer with all signatory countries at this time and intends to do so in the future. The limited time available precluded visits to some countries. The Warsaw Pact countries, however, refused to permit the Commissioners to visit their countries, an action which runs counter to the very spirit of Helsinki. Additionally, the Study Mission met with half a dozen private refugee organizations, a number of recent Soviet exiles, more than 30 businessmen and organizations active in East-West trade, a cross section of journalists specializing in Eastern European affairs, and more than 20 individuals and private institutions conducting research on Helsinki implementation questions. Commission members Mansfield Sprague and James G. Poor from the Departments of Commerce and Defense, respectively, attended the initial and final joint Study Mission sessions in Brussels and London, and Commissioner Monroe Leigh of the Department of State attended the Brussels meetings.
Helsinki Final Act (Long Version)Saturday, August 02, 1975
The Conference on Security and Co-operation in Europe, which opened at Helsinki on 3 July 1973 and continued at Geneva from 18 September 1973 to 21 July 1975, was concluded at Helsinki on 1 August 1975 by the High Representatives of Austria, Belgium, Bulgaria, Canada, Cyprus, Czechoslovakia, Denmark, Finland, France, the German Democratic Republic, the Federal Republic of Germany, Greece, the Holy See, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Spain, Sweden, Switzerland, Turkey, the Union of Soviet Socialist Republics, the United Kingdom, the United States of America and Yugoslavia. During the opening and closing stages of the Conference the participants were addressed by the Secretary-General of the United Nations as their guest of honour. The Director-General of UNESCO and the Executive Secretary of the United Nations Economic Commission for Europe addressed the Conference during its second stage. During the meetings of the second stage of the Conference, contributions were received, and statements heard, from the following non-participating Mediterranean States on various agenda items: the Democratic and Popular Republic of Algeria, the Arab Republic of Egypt, Israel, the Kingdom of Morocco, the Syrian Arab Republic, Tunisia.
The Helsinki Final ActFriday, August 01, 1975
The Conference on Security and Co-operation in Europe, which opened at Helsinki on 3 July 1973 and continued at Geneva from 18 September 1973 to 21 July 1975, was concluded at Helsinki on 1 August 1975 by the High Representatives of Austria, Belgium, Bulgaria, Canada, Cyprus, Czechoslovakia, Denmark, Finland, France, the German Democratic Republic, the Federal Republic of Germany, Greece, the Holy See, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Spain, Sweden, Switzerland, Turkey, the Union of Soviet Socialist Republics, the United Kingdom, the United States of America and Yugoslavia. During the opening and closing stages of the Conference the participants were addressed by the Secretary-General of the United Nations as their guest of honour. The Director-General of UNESCO and the Executive Secretary of the United Nations Economic Commission for Europe addressed the Conference during its second stage. During the meetings of the second stage of the Conference, contributions were received, and statements heard, from the following non-participating Mediterranean States on various agenda items: the Democratic and Popular Republic of Algeria, the Arab Republic of Egypt, Israel, the Kingdom of Morocco, the Syrian Arab Republic, and Tunisia.
Conference on Security and Cooperation in EuropeTuesday, May 06, 1975
In July 1973 the Foreign Ministers of 33 European countries and the United States opened the Conference on Security and Cooperation in Europe (CSCE), in Helsinki. Since then the participants have made slow but steady progress on a broad range of security, political, economic and other issues of mutual concern. As the conference reaches what appears to be a conclusive stage interest in its eventual outcome has mounted both in Congress and throughout the Nation: Special concern has been expressed over the implications the Conference may have for such issues as human rights in Eastern Europe, the division of Germany, U.S. force levels in Europe, and the future of the Baltic nations of Estonia, Latvia, and Lithuania.
The Helsinki Process and the OSCE
The Organization for Security and Cooperation in Europe (OSCE) has its origins in the early 1950s, when the Soviet Union first proposed the creation of an all-European security conference. In the mid-1960s the Warsaw Pact renewed calls for such a conference. In May 1969, the Government of Finland sent a memorandum to all European countries, the United States and Canada, offering Helsinki as a conference venue. Beginning in November 1972, representatives from the original 35 nations met for nearly three years to work out the arrangements and the framework for the conference, concluding their work in July 1975. On August 1, 1975, the leaders of the original 35 participating States gathered in Helsinki and signed the Final Act of the Conference on Security and Cooperation in Europe. Also known as the Helsinki Accords, the Final Act is not a treaty, but rather a politically binding agreement consisting of three main sections informally known as "baskets," adopted on the basis of consensus. This comprehensive Act contains a broad range of measures designed to enhance security and cooperation in the region extending from Vancouver to Vladivostok. Basket I - the Security Dimension - contains a Declaration of Principles Guiding Relations between participating States, including the all-important Principle VII on human rights and fundamental freedoms. It also includes a section on confidence-building measures and other aspects of security and disarmament aimed at increasing military transparency. Basket II - the Economic Dimension - covers economic, scientific, technological and environmental cooperation, as well as migrant labor, vocational training and the promotion of tourism. Basket III is devoted to cooperation in humanitarian and other fields: freer movement of people; human contacts, including family reunification and visits; freedom of information, including working conditions for journalists; and cultural and educational exchanges. Principle VII and Basket III together have come to be known as the "Human Dimension." Since 1975, the number of countries signing the Helsinki Accords has expanded to 57, reflecting changes such as the breakup of the Soviet Union, Czechoslovakia and Yugoslavia. Institutionalization of the Conference in the early 1990s led to its transformation to the Organization for Security and Cooperation in Europe, effective January 1995. Today, the Organization for Security and Cooperation in Europe is engaged in standard setting in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. In addition, the OSCE undertakes a variety of preventive diplomacy initiatives designed to prevent, manage and resolve conflict within and among the participating States. The OSCE has its main office in Vienna, Austria, where weekly meetings of the Permanent Council are held. In addition, specialized seminars and meetings are convened in various locations and periodic consultations are held among Senior Officials, Ministers and Heads of State or Government.
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.