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hearing
Soviet Jewry: H. Con. Res. 63
Thursday, June 23, 1983This joint hearing by the Committee on Foreign Affairs, Subcommittee on Human Rights and International Organizations, and the Commission on Security and Cooperation in Europe examined the plight of Jews in the Soviet Union. Moscow's heightened campaign of hatred against its own citizens, in flagrant disregard of international law, was identified as a factor in whether the United States should enter into any further agreements with the Soviet Union, especially ones which involve United States security. Witnesses testifying at this hearing expressed their concerns about the continued persecution and harassment of the Jewish community in the Soviet Union. The repressive policies instituted by the Soviet regime to destroy Jewish culture, despite its commitment to the human rights terms agreed upon during the Helsinki Final Act, were outlined.
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publication
Human Rights Situation in Turkey
Friday, October 01, 1982A staff-level fact-finding mission from the Commission on Security and Cooperation in Europe visited Turkey from August 22-29, for talks on the whole range of CSCE-related issues as part of Western preparations for the forthcoming session of the Madrid Meeting in November, 1982. In the course of these wider Madrid related discussions, the staff delegation discussed human rights issues as well as the transition to democracy under the martial law authorities, with a wide-range of officials and private individuals, including lawyers, journalists, professors, former politicians, businessmen and representatives of various ethnic and religious minorities. The staff-level delegation was able to meet with almost all of those with whom it requested appointments, with the notable exception of former Prime Minister Bulent Ecevit who began serving a prison sentence the day before the delegation arrived and, consequently, under Turkish law, was not permitted to meet with the delegation. The delegation was able to meet with the other former Prime Minister, Suleyman Demirel. The staff-level fact-finding visit was the result of mounting concern in Congress and among a wide spectrum of non-governmental organizations as well as groups abroad with developments in Turkey since the takeover by the Turkish military on September 12, 1980. In the past several months, the Commission had been approached by representatives of several influential groups expressing misgivings over events in Turkey and requesting a hearing or an investigation by the Commission into these problems under the terms of the Helsinki Final Act. Among these groups were: the American Bar Association's Subcommittee on the Independence of Lawyers in Foreign Countries, the International Human Rights Law Group, Amnesty International, the New York Helsinki Watch Committee, the International League for Human Rights and the Armenian Assembly of America. In addition to these public groups, members of Congress as well as parliamentary colleagues from several NATO countries expressed their concern with conditions in Turkey and urged that the Commission undertake an investigation into these problems from the vantage point of the Helsinki Final Act. The Chairman of the Subcommittee on Human Rights and International Organizations of the House Foreign Affairs Committee, Rep. Don Bonker, requested the Commission to hold joint hearings with his Subcommittee on violations of human rights in Turkey.
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hearing
The Assassination Attempt on Pope John Paul II
Thursday, September 23, 1982The subject of this hearing, which Commissioner Millicent Fenwick chaired, was whether or not there was the possibility of complicity, on the part of the Soviet and Bulgarian secret police, to Turkish terrorist Mehmet Ali Agca’s assassination attempt on Pope John Paul II. As per Principle VI of the Helsinki Final Act, signatory nations are to refrain from direct or indirect assistance to terrorist activities. Bulgaria and the Soviet Union were privy to this at the time of the hearing. The hearing utilized witnesses to shed light as to whether or not Bulgaria and the Soviet Union were honoring this commitment in Principle VI, which was not a guarantee, especially because of Mehmet Ali Agca’s potential involvement in a Turkish arms ring that Bulgarians supported. The hearing was part and parcel of an “essential” effort to carefully and impartially examine all evidence of possible Soviet and Bulgarian involvement with Agca.
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publication
Human Rights in Czechoslovakia: The Documents of Charter '77, 1977-1982
Thursday, July 01, 1982The documents in this publication reflect the efforts of Czechoslovak citizens to express their opinions on issues of importance to them and on rights guaranteed to them under Czechoslovak law, the Helsinki Final Act, and other international agreements. In Principle VII of the Helsinki Final Act, the participating States confirmed the "right of the individual to know and act upon his rights." They also agreed to "promote and encourage the effective exercise of civil, political, economic, social, cultural and other rights and freedoms all of which derive from the inherent dignity of the human person..." The signatories further pledged to "recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience." Sadly, these noble words ring hollow in Czechoslovakia, one of the 35 signatories to the Helsinki Final Act. In an effort to improve their country's adherence to the principles and spirit of the Helsinki document during the last five years -- over 1,000 czechoslovak citizens -- workers, scholars, clergymen, professionais, students, government employees, scientists and others -- have affixed their names to the manifesto of human rights known as Charter 77. Many have also worked actively with VONS -- the Committee for the Defense of the Unjustly Persecuted -- to report and document violations of basic human freedoms. While in most signatory countries these efforts on behalf of human rights would be applauded and rewarded, in Czechoslovakia both signers of Charter 77 and members of VONS have fallen victim to unrelenting government repression. Charter 77 clearly emphasizes that its aim is not to change the existing sociai system, but simply to demonstrate the need for "observance of laws" -- both domestic and international -- by the Czechoslovak authorities. As an example of this committment to international law and other agreements, Charter 77 called upon the Czechosiovak delegation to the Madrid Meeting of the Conference on Security and Cooperation in Europe to honor its word and implement all the provisions of the helsinki Final Act, including Principle ViI. The constant surveillance, house searches, detentions, arrests, beatings and terms of imprisonment to which these courageous men and women are subjected are difficult to reconcile with the statements attesting to full implementation presented by the Czechoslovak delegations to both the Belgrade and Madrid review meetings.
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hearing
Soviet Involvement in the Polish Economy
Thursday, April 01, 1982Commissioner Dante B. Fascell chaired this hearing, the purpose of which was to review the record of Soviet involvement in the planning, direction, and operation of the Polish economy. Before the time of this hearing, Soviet involvement in the Polish economy had been the source of much speculation. More specifically, Poland’s economy was functioning poorly, but it was debated whether the fault of this lay more with Poland itself or more with the U.S.S.R. What was hoped to be achieved in the hearing, then, was to shed light on the issue of how Soviet involvement affected the Polish economy, specifically based on the personal experience of one of Poland’s leading economists and a former government official, Ambassador Zdzislaw Rurarz.
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hearing
THE CRISIS IN POLAND AND ITS EFFECTS ON THE HELSINKI PROCESS
Monday, December 28, 1981This hearing focused on the events in Poland, resulting from martial law, as direct violations of the human rights and other provisions of the Final Act and to determine what can be done to preserve human rights gains in that beleaguered country. It is clear now that the aim of this harsh crackdown was the suppression of the Polish workers' movement, Solidarity, as well as the rollback of the unprecedented political reforms and social renewal which that movement had stimulated during the past 16 months. Also discussed was the strategic importance of Poland to the U.S.S.R. and how these developments may show signs of vulnerabilities among the Soviet states.
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hearing
Soviet Violation of Helsinki Final Act: Invasion of Afghanistan
Wednesday, July 22, 1981Attendees at this hearing, over which Commissioner Dante B. Fascell presided, discussed the December 1979 invasion of Afghanistan by the former Soviet Union, an invasion that ran counter to international law due to Afghanistan’s status as sovereign and independent. The set of agreements that the Soviet Union signed on to in 1975 with 34 other countries (i.e. the Helsinki Final Act) incorporated rights inherent in a country’s sovereignty, refraining from the threat or use of force, the rights of peoples to self-determination, and acceptance of international conduct principles. In short, the Soviet Union’s invasion and attempted occupation of Afghanistan had struck at the very heart of these principles, and its invasion had severely damaged the international climate and greatly damaged East-West relations.
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publication
A Thematic Survey of the Documents of the Moscow Helsinki Group
Tuesday, May 12, 1981The Moscow Public Group to Promote Observance of the Helsinki Accords in the USSR (better known as the Moscow Helsinki Group) announced its formation at a press conference for Western journalists on May 12, 1976. The first statement of the Moscow Helsinki Group publicized the names and addresses of the founding members: Professor Yuri Orlov, Group leader; and founding members Lyudmila Alekseeva, Elena Bonner, Aleksandr Ginzburg, Petro Grigorenko, Malva Landa, Anatoly Marchenko, Vitaly Rubin and Anatoly Shcharansky. (Later, ten other human rights activists joined the Moscow Helsinki Group: Sofya Kalistratova, Ivan Kovalev, Naum Meiman, Yuri Mnyukh, Viktor Nekipelov, Tatiana Osipova, Feliks Serebrov, Vladimir Slepak, Leonard Ternovsky and Yuri Yarym-Agaev.) Believing that human needs and open information are directly related to international security, the Group seeks to inform the CSCE states and public opinion about violations in the USSR of the humanitarian provisions of the Final Act. The Moscow Helsinki Group hopes that the information it provides will be considered at those international meetings (the Belgrade Conference, the Madrid Conference and similar future meetings) which are envisioned in the Final Act, under the section "Followup to the Conference," to examine the fulfillment of obligations under the Helsinki Accords. The Group called itself the Group to Promote the observance of the Helsinki Accords to stress its loyalty to the authorities and its desire to cooperate if they revealed a conscientious attitude towards their Helsinki human rights obligations. The Group members called on other CSCE signatories to create similar citizens groups, since violations of the Final Act human rights provisions are possible in any country.
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hearing
Fifth Anniversary of the Formation of the Ukrainian Helsinki Group
Monday, February 16, 1981On November 9, 1976, 10 brave men and women in Kiev organized a citizens' group to examine how the Soviet Government was living up to its Helsinki human rights pledges. Tragically, however, far from greeting this new civic endeavor, the Kremlin, in a savage campaign of official reprisal, singled out the Ukrainian Helsinki Group for especially harsh treatment. By 1981, 30 group activists were in Soviet camps, prisons, and places of exile. The four witnesses at the Helsinki Commission hearing provided expert testimony on Ukraine and the Helsinki process, and their fates gave an insight into the radically different ways in which our Government and that of the Soviet Union reacted to citizen interest in the Helsinki process.
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publication
Implementation of the Final Act: Findings and Recommendations Five Years After Helsinki
Friday, August 01, 1980This report and its findings and recommendations are drawn from material compiled during the Commission's continuing study of Final Act implementation -- with special emphasis on the period since the last report in August 1977. Directed by law to give "particular regard" to the provisions of the Final Act section (Basket III) on Cooperation in Humanitarian and Other Fields, the Commission is: "Further authorized and directed to monitor and encourage the developoment of programs and activities of the United States government and private organizations with a view toward taking advantage of the provisions of the Final Act to expand East-West economic cooperation and a greater interchange of people and ideas between East and West." Guided by its mandate, the Commission has concentrated its attention in this report primarily on the compliance records of the Soviet Union and its Warsaw Pact allies where, with rare exceptions, the level of implementation in many areas has remained appallingly low and, in some cases, has even regressed. By comparison, Western CSCE states generally have maintained relatively high standards of implementation in all areas of the Final Act and, in particular, in those areas such as human rights where the Eastern record has been most dismal. Therefore, in examining the impact of the Final Act -- actions reflecting compliance with or violations of its articles -- the Commission, in this report, has directed the bulk of its research to those nations whose records under the Helsinki Accords stand the greatest need for improvement.
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hearing
Review of Implementation of Basket II of the Helsinki Final Act
Thursday, March 06, 1980This hearing, which Commissioner Jonathan B. Bingham chaired, was a joint meeting of the Commission on Security and Cooperation in Europe and the Subcommittee on International Economic Policy and Trade of the House Foreign Affairs Committee. These organizations held this hearing after the establishment of a new strategy by the U.S. in its relations with the Soviet Union. More specifically, the month before this hearing, the CSCE adopted a resolution condemning the Soviet invasion of Afghanistan and the arrest and exile of Andrei Sakharov as blatant violations of the Helsinki Final Act. Commissioner Millicent Fenwick, who was also one of the sponsors of legislation creating the CSCE, proposed this resolution. Likewise, the resolution called on the signatory states of the Final Act to join in such protest and undertake such sanctions against the former U.S.S.R. as may be available to them. The hearing itself, then, focused on the current status and prospects of U.S. commercial and economic relationships with the U.S.S.R. and Eastern European countries, implementation of Basket II, efforts to promote better implementation, and the impact the Soviet violation of the Helsinki accords in Afghanistan would have on the Madrid Review Session and the CSCE process as a whole.
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hearing
The Helsinki Forum and East-West Scientific Exchange
Thursday, January 31, 1980The Committee on Science and Technology as well as the Committee on Foreign Affairs and the Commission on Security and Cooperation in Europe sponsored the hearing to examine free and open scientific exchange among the OSCE member states. Amidst the Soviet invasion of Afghanistan, Andrei Tverdokhlebov, physicist and human rights activist, gave testimony about the restrictive state of freedom of association in the U.S.S.R., its effects on the scientific community, and attempts by the Soviet Government to silence Andrei Sakharov. The witnesses and the Commissioners discussed possible non-essential travel bans on future scientific exchanges and other joint international scientific efforts.
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publication
Profiles: Helsinki Monitors
Monday, December 10, 1979In May of 1976, a group of Soviet citizens dedicated themselves to promoting compliance by their government with the humanitarian provisions of the Helsinki Final Act. Collecting and disseminating information on violations of those provisions, these human rights activists thereby expressed their stated conviction that "the issues of humanitarianism and free information have a direct relationship to the problem of international security." Respect for human rights in the USSR, they held, is a precondition for the development of a solid East-West detente. After hearing about the work of the Helsinki Groups on foreign radio broadcasts, many ordinary Soviet citizens began sending the Group information on human rights violations in various areas of the USSR. In this way, the Groups became catalysts, drawing together the disparate strands of Soviet dissent. Group reports reflect these varied concerns: conditions in labor camps and psychiatric hospitals; the problems of religious and ethnic minorities; emigration difficulties; and denials of economic rights. The CSCE Commission translates and compiles these Group documents in its series of "Reports of the Helsinki Accord Monitors in the Soviet Union." Encouraged by the success of the first Helsinki Group in Moscow, other such groups were organized in the Ukraine, Lithuania, Armenia, and Georgia. In Moscow, two allied groups were formed to deal with more specific issues: the Working Commission on the Use of Psychiatry for Political Purposes, and the Christian Committee to Defend the Rights of Believers. In recognition of the sacrifice, dedication, and successful work of all these groups, the Commission on Security and Cooperation in Europe nominated all their members for the Nobel Peace Prize in 1978 and 1979. During the past two years, other allied groups have emerged: the Initiative Group for the Defense of the Rights of Invalids in the USSR; the Group for the Legal Struggle and Investigation of Facts about the Persecution of Believers in the USSR of the All-Union Church of the Faithful and Free Seventh-Day Adventists; and the Catholic Committee to Defense the Rights of Believers in the USSR. With the addition of these new committees, an even broader spectrum of human rights issues and interests in the Soviet Union is now represented. At the present time, there are 66 men and women in the Helsinki Monitoring Groups in Moscow, Ukraine, Lithuania, Georgia and Armenia. Currently, 26 people have joined the Christian, Catholic and Adventist Committees, the Working Con-miission on Psychiatric Abuse and the Initiative Group for Invalids. For this compilation of biographical information on the present members, the Commission is indebted to the following for their assistance: ORGANIZATIONS AND PUBLICATIONS Amnesty International, Bulletin d'Information, Comite pour I'application des accords d'Helsinki en Georgie, Committee for the Defense of Soviet Political Prisoners, ELTA Information Service, Helsinki Guarantees for Ukraine Committee, Keston College, Khronika Press, Lithuanian-American Community of the U.S.A., Inc., Lithuanian Catholic Religious Aid, National Conference on Soviet Jewry, Radio Free Europe/Radio Liberty, Smoloskyp, Student Struggle for Soviet Jewry, the Ukrainian National Information Service, the Union of Councils for Soviet Jews, Washington Street Research Center. INDIVIDUALS Mr. Victor Abdalov, Mrs. Lyudmila Alekseeva, Gen. and Mrs. Pyotr Grigorenko, Ms. Dina Kaminskaya, Mr. Ambartsum Khlagatyan, Mr. Michael Meerson, Rev. Aleksandr Shmeiman, Mr. Konstantin Simis, Ms. Veronika Stein, Mr. Valentin Turchin, and Ms. Lydia Voronina, Ms. Yulya Zaks.
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publication
Fulfilling our Promises: The United States and the Helsinki Final Act (1)
Thursday, November 01, 1979The Commission has three main purposes in preparing this report. First, it hopes to demonstrate the good faith of the U.S. in assessing its Helsinki implementation record in light of criticisms from other CSCE countries and domestic critics. Second, the Commission hopes to stimulate honest implementation evaluations by other CSCE states and thus to lay the groundwork for real progress prior to the next review meeting at Madrid in 1980. Finally, the Commission hopes to encourage improved compliance by the United States. Although the Commission agrees with President Carter that the U.S. record is very good, additional discussion and interaction between responsible government agencies and interested private organizations in a necessary prerequisite to greater progress. This report follows the structures of the Final Act by discussing, in order, each major section or "basket" of the Act. Basket I deals with questions relating to security in Europe which includes Human Rights; Basket II, economic and scientific cooperation; Basket III, cooperation in humanitarian and other fields. Click to read Part 2.
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publication
Fulfilling our Promises: The United States and the Helsinki Final Act (2)
Thursday, November 01, 1979The Commission has three main purposes in preparing this report. First, it hopes to demonstrate the good faith of the U.S. in assessing its Helsinki implementation record in light of criticisms from other CSCE countries and domestic critics. Second, the Commission hopes to stimulate honest implementation evaluations by other CSCE states and thus to lay the groundwork for real progress prior to the next review meeting at Madrid in 1980. Finally, the Commission hopes to encourage improved compliance by the United States. Although the Commission agrees with President Carter that the U.S. record is very good, additional discussion and interaction between responsible government agencies and interested private organizations in a necessary prerequisite to greater progress. This report follows the structures of the Final Act by discussing, in order, each major section or "basket" of the Act. Basket I deals with questions relating to security in Europe which includes Human Rights; Basket II, economic and scientific cooperation; Basket III, cooperation in humanitarian and other fields.
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hearing
Implementation of The Helsinki Accords Vol. XI – Religious Persecution In U.S.S.R. & HR Violations in Ukraine
Thursday, June 07, 1979The first part of this hearing, led by Commissioner Dante B. Fascell, focused largely on the imprisonment of Russian Pastor Georgi Vins, who had spent eight of the last thirteen years in prison simply due to his occupation. Repression of this Baptist minister exemplified such repression of other Baptist clergymen by the U.S.S.R., whose denomination in the country dated back to the early 1900s. However, in 1965, the Soviet Baptist movement split into the recognized and legitimated all-union Council of Evangelical Christians, and the dissident reform Baptists, making the latter the first Soviet dissident human rights group. The second portion of the hearing discussed Ukrainian political retribution and dissidents, exemplified by the cases of witnesses who had all been political prisoners in the Eastern European country.
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hearing
Implementation of The Helsinki Accords Vol. X – Aleksandr Ginzburg On The Human Rights Situation In The U.S.S.R.
Friday, May 11, 1979CSCE Chairman Dante Fascell presided over this hearing on the human rights situation in the USSR. Aleksandr Ginzburg,a Russian human rights activist who had finally been released from the Gulag Archipelago and subsequently returned to his family, testified. The hearing also focused on the repression and imprisonment of members of the Moscow Helsinki Monitoring Group, a Russian human rights advocacy organization whose work focused on pressure in support of the Helsinki Final Act. The hearing gave Ginzburg a platform to candidly discuss the as human rights abuses taking place in the USSR.
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hearing
Implementation of the Helsinki Accords Vol. IX – U.S. Visa Policies
Thursday, April 05, 1979This briefing discussed how the Helsinki Accord’s provisions on the free flow of people apply to the United States. The briefing followed President Carter’s commitment to embody the principles outlined in the Helsinki Final Act. Representatives from U.S. government agencies, such as the Department of State and the Department of Justice, and interested civil society organizations testified about their experiences with the current visa regime. The witnesses were asked to make recommendations about the advisability of changing U.S. law to align with the freedom of movement provisions in the Helsinki Accords.
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hearing
Implementation Of The Helsinki Accords Vol. VIII – U.S. Compliance: Human Rights
Tuesday, April 03, 1979Commissioner Claiborne Pell and others in attendance, in this series of hearings, looked at their own country’s record on the Helsinki Final Act of 1975. This hearing signified the first time that a state belonging to the Organization for Security and Cooperation in Europe (OSCE), or the “Conference,” had looked at its own record in such a manner, taking into account criticism by other signatories and private domestic monitoring groups, no less. This series of hearings’ purpose was to ascertain progress accomplished, learn what more needs to be achieved, and proclaim a reaffirmation of the U.S. commitment to the Helsinki Final Act’s full implementation.
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publication
Reports of the Helsinki Accords Monitors in the Soviet Union
Wednesday, November 01, 1978This volume is the third compilation of selected documents emerging from the Helsinki accord monitoring groups in the Soviet Union published by the Commission on Security and Cooperation in Europe. In a sampling of reports written between late 1976 and the summer of 1978, it is intended, as in the previous compilations, to illustrate the broad range of human rights concerns of the various monitoring groups whose common goal is the furthering of Final Act implementation in their own country. Efforts to promote CSCE compliance in the Soviet Union began in May of 1976 when 11 human rights activists in Moscow, led by Yuri Orlov, formed the first Public Group to Promote Observance of the Helsinki Agreements. Inspired by its example, other Helsinki groups were formed in Kiev, Vilnius, Yerevan and Tbilisi. Additional independent organizations with more narrowly defined focus, such as the Christian Committee for the Defense of Believers' Rights and the Working Commission on the Abuse of Psychiatry for Political Purposes, also emerged. Today, more than 50 group members, representing a broad spectrum of religious, ethnic and professional affiliations, are actively documenting human rights violations and engaged in promoting implementation of the Helsinki accord. While maintaining their individual identities, Soviet monitoring groups have frequently collaborated in their efforts to promote human rights. When the Lithuanian and Ukrainian groups were formed, for example, the Moscow group sponsored a joint news conference to publicize their creation. The Christian Committee, composed of four members of the Russian Orthodox Church, has written appeals on behalf of Adventists, Jews and Baptists. On occasion, two or more groups have issued joint declarations and other documents. Ordinary Soviet citizens, learning of the Helsinki groups via Western radio broadcasts, have traveled thousands of miles from remote regions in order to present documented evidence on human rights violations. Similarly, monitoring group members have journeyed great distances to conduct interviews and related research. Representatives of the Moscow group, for example, were sent to the northern Caucasus and to distant Nakhodka to visit Pentecostal communities desiring to emigrate. The representative documents of the Soviet Helsinki monitoring groups reproduced here address a wide range of human rights concerns: repressions of group members, violations of the rights of ethnic minorities, difficulties of emigration from the USSR, problems of religious believers and difficulties of current and former political prisoners. Economic concerns are also treated in several documents in the compilation. The Soviet monitoring groups carry out their work in an extremely repressive environment. Although 20 members of these organizations have been arrested and imprisoned, many new members have joined. Frequently, documents have been confiscated by the KGB. During a search of Orlov's apartment in Moscow, for example, material documenting persecution of parents advocating religious practices for their children was removed. In another case, Aleksandr Ginzburg's residence was searched and information on the health of seriously ill political prisoners was seized. The documents of the Soviet Helsinki monitors are truly a testament to their strength, courage and dedication. Their long-range goal -- the achievement of a humane society based on respect for law -- has yet to be realized. But already they have attained a moral victory in gaining the attention and respect of private and governmental groups throughout the world.
Mr. HASTINGS of Florida. Madam Speaker, as Co-Chairman of the Helsinki Commission, I wish to draw the attention of colleagues to the timely and informative testimony of the OSCE Representative on Freedom of the Media, Dunja Mijatovic, who testified earlier today at a Commission hearing on ``Threats to Free Media in the OSCE Region.'' She focused on various threats to journalists and independent media outlets, including physical attacks and adoption of repressive laws on the media as well as other forms of harassment. Most troubling is the murder of journalists because of their professional activities. According to the U.S.-based Committee to Protect Journalists, 52 journalists have been killed in Russia alone since 1992, many reporting on corruption or human rights violations. Ms. Mijatovic also flagged particular concern over existing and emerging threats to freedom on the Internet and other communications technologies. She also voiced concern over the use of criminal statutes on defamation, libel and insult which are used by some OSCE countries to silence journalists or force the closure of media outlets. With respect to the situation in the United States, she urged adoption of a shield law at the federal level to create a journalists' privilege for federal proceedings. Such a provision was part of the Free Flow of Information Act of 2009, which passed the House early in the Congress and awaits consideration by the full Senate.
As one who has worked to promote democracy, human rights and the rule of law in the 56 countries that comprise the OSCE, I share many of the concerns raised by Ms. Mijatovic in her testimony and commend them to colleagues.
ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE REPRESENTATIVE ON FREEDOM OF THE MEDIA
(By Dunja Mijatovic) [From the Helsinki Commission Hearing on the Threats to Free Media in the OSCE Region, June 9, 2010]
Dear Chairmen, Distinguished Commissioners, Ladies and Gentlemen,
I am honored to be invited to this hearing before the Helsinki Commission at the very beginning of my mandate. I feel privileged to speak before you today. The Helsinki Commission's welcoming statement issued on the day of my appointment is a clear manifestation of the strong support you continuously show toward the work of this unique Office, and I assure you, distinguished Commissioners, that this fact is very much appreciated.
It will be three months tomorrow since I took office as the new Representative on Freedom of the Media to the OSCE. Even though three months may sound short, it has proved more than enough to gain a deep insight, and unfortunately also voice concerns, about the decline of media freedom in many of the 56 countries that today constitute the OSCE.
Although the challenges and dangers that journalists face in our countries may differ from region to region, one sad fact holds true everywhere: The freedom to express ourselves is questioned and challenged from many sides. Some of these challenges are blatant, others concealed; some of them follow traditional methods to silence free speech and critical voices, some use new technologies to suppress and restrict the free flow of information and media pluralism; and far too many result in physical harassment and deadly violence against journalists.
Today, I would like to draw your attention to the constant struggle of so many institutions and NGOs around the world, including your Commission and my Institution, to combat and ultimately stop violence against journalists. I would also like to address several other challenges that I want to place in the center of my professional activities, each of which I intend to improve by relentlessly using the public voice I am now given at the OSCE.
Let me first start with violence against journalists.
Ever since it was created in 1997, my Office has been raising attention to the alarming increase of violent attacks against journalists. Not only is the high number of violent attacks against journalists a cause for concern. Equally alarming is the authorities' far too-prevalent willingness to classify many of the murders as unrelated to the journalists' professional activities. We also see that more and more often critical speech is being punished with questionable charges brought against the journalists.
Impunity of perpetrators and the responsible authorities' passivity in investigating and failing to publicly condemn these murders breeds further violence. There are numerous cases that need to be raised over and over again. We need to continue to loudly repeat the names of these courageous individuals who lost their lives for the words they have written. I am sorry for all those whom I will not mention today; but the names that follow are on the list that I call ``the Hall of Shame'' of those governments that still have not brought to justice the perpetrators of the horrifying murders that happened in their countries.
The most recent murder of a journalist in the OSCE area is the one of the Kyrgyz opposition journalist Gennady Pavlyuk (Bely Parokhod), who was killed in Kazakhstan in December last year. It gives me hope that the new Interim Government of Kyrgyzstan has announced to save no efforts to bring the perpetrators to justice, as well as those involved in the 2007 murder of Alisher Saipov (Siyosat).
The Russian Federation remains the OSCE participating State where most members of the media are killed. Paul Klebnikov (Forbes, Russia), Anna Politkovskaya (Novaya Gazeta), Anastasia Baburova (Novaya Gazeta), are the most reported about, but let us also remember Magomed Yevloyev (Ingushetiya), Ivan Safronov (Kommersant), Yury Shchekochikhin (Novaya Gazeta), Igor Domnikov (Novaya Gazeta), Vladislav Listyev (ORT), Dmitry Kholodov (Moskovsky Komsomolets) and many others.
We also should not forget the brutal murders of the following journalists, some remain unresolved today:
Hrant Dink (Agos) Armenian Turkish journalist was shot in 2007 in Turkey.
Elmar Huseynov (Monitor) was murdered in 2005 in Azerbaijan.
Georgy Gongadze (Ukrainskaya Pravda) was killed in 2000 in Ukraine.
In Serbia, Slavko Curuvija (Dnevni Telegrat) was murdered in 1999, and Milan Pantic (Vecernje Novosti) was killed in 2001.
In Montenegro, Dusko Jovanovic (Dan), was shot dead in 2004.
In Croatia, Ivo Pukanic (Nacional) and his marketing director, Niko Franjic, were killed by a car bomb in 2008.
Violence against journalists equals violence against society and democracy, and it should be met with harsh condemnation and prosecution of the perpetrators. There can be no improvement without an overhaul of the very apparatus of prosecution and law enforcement, starting from the very top of the Government pyramid.
There is no true press freedom as long as journalists have to fear for their lives while performing their work. The OSCE commitments oblige all participating States to provide safety to these journalists, and I will do my best to pursue this goal with the mandate I am given and with all professional tools at my disposal.
We also observe another very worrying trend; more and more often the imprisonment of critical journalists based on political motivations including fabricated charges. Let me mention some cases:
In Azerbaijan, the prominent editor-in-chief of the now-closed independent Russian-language weekly, Realny Azerbaijan, and Azeri-language daily, Gundalik Azarbaycan, Eynulla Fatullayev was sentenced in 2007 to a cumulative eight-and-a-half years in prison on charges on defamation, incitement of ethnic hatred, terrorism and tax evasion. The European Court of Human Rights (ECtHR) found Azerbaijan in violation of Article 10 and Article 6, paragraphs 1 and 2 of the European Convention on Human Rights, so there is only one possible outcome--Fatullayev should be immediately released.
In Kazakhstan, Ramazan Yesergepov, the editor of Alma-Ata Info, is serving a three-year prison term on charges of disclosing state secrets.
Emin Milli and Adnan Hajizade, bloggers from Azerbaijan, are serving two and a half years and two years in prison respectively since July 2009 on charges of hooliganism and infliction of light bodily injuries.
In Uzbekistan, two independent journalists, Dilmurod Saiid (a freelancer) and Solijon Abdurahmanov (Uznews), are currently serving long jail sentences (twelve-and-a-half-years and ten years) on charges of extortion and drug possession.
I will continue to raise my voice and demand the immediate release of media workers imprisoned for their critical work.
I join Chairman Cardin for commending independent journalists in the Helsinki Commission's recent statement on World Press Freedom Day. These professionals pursue truth wherever it may lead them, often at great personal risk. They indeed play a crucial and indispensable role in advancing democracy and human rights. By highlighting these murder and imprisonment cases, by no means do I intend to neglect other forms of harassment or intimidation that also have a threatening effect on journalists. Let me just recall that, with the heightened security concerns in the last decade, police and prosecutors have increasingly raided editorial offices, journalists' homes, or seized their equipment to find leaks that were perceived as security threats. Suppression and restriction of Internet Freedom
Turning to the problems facing Internet freedom, we can see that new media have changed the communications and education landscape in an even more dramatic manner than did the broadcast media in the last half century. Under my mandate, the challenge has remained the same: how to safeguard or enhance pluralism and the free flow of information, both classical Helsinki obligations within the OSCE.
It was in 1998 that I read the words of Vinton G. Cerf in his article called ``Truth and the Internet''. It perfectly summarizes the nature of the Internet and the ways it can create freedom.
Dr. Cerf calls the Internet one of the most powerful agents of freedom: It exposes truth to those who wish to see it. But he also warns us that the power of the Internet is like a two-edged sword: it can also deliver misinformation and uncorroborated opinion with equal ease. The thoughtful and the thoughtless co-exist side by side in the Internet's electronic universe. What is to be done, asks Cerf.
His answer is to apply critical thinking. Consider the Internet as an opportunity to educate us all. We truly must think about what we see and hear, and we must evaluate and select. We must choose our guides. Furthermore, we must also teach our children to think more deeply about what they see and hear. That, more than any electronic filter, he says, will build a foundation upon which truth can stand.
Today, this foundation upon which truth could indeed so firmly stand is under continuous pressure by governments. As soon as governments realized that the Internet challenges secrecy and censorship, corruption, inefficiency and bad governing, they started imposing controls on it. In many countries and in many ways the effects are visible and they indeed threaten the potential for information to circulate freely.
The digital age offers the promise of a truly democratic culture of participation and interactivity. Realizing that promise is the challenge of our times. In the age of the borderless Internet, the protection of the right to freedom of expression ``regardless of frontiers'' takes on a new and more powerful meaning.
In an age of rapid technological change and convergence, archaic governmental controls over the media are increasingly unjust, indefensible and ultimately unsustainable. Despite progress, many challenges remain, including the lack of or poor quality of national legislation relating to freedom of information, a low level of implementation in many OSCE member states and existing political resistance.
The importance of providing free access for all people anywhere in the world cannot be raised often enough in the public arena, and cannot be discussed often enough among stakeholders: civil society, media, as well as local and international authorities.
Freedom of speech is more than a choice about which media products to consume.
Media freedom and freedom of speech in the digital age also mean giving everyone--not just a small number of people who own the dominant modes of mass communication, but ordinary people, too--an opportunity to use these new technologies to participate, interact, build, route around and talk about whatever they wish--be it politics, public issues or popular culture. The Internet fundamentally affects how we live. It offers extraordinary opportunities for us to learn, trade, connect, create and also to safeguard human rights and strengthen democratic values. It allows us to hear each other, see each other and speak to each other. It can connect isolated people and help them through their personal problems.
These rights, possibilities and ideals are at the heart of the Helsinki Process and the OSCE principles and commitments that we share. We must find the best ways to spread access to the Internet, so that the whole world can benefit from what it can offer, rather than increasing the existing gaps between those who have access to information and those who do not. And to those governments who fear and distrust the openness brought along by the Internet, let me emphasize over and over again:
The way a society uses the new communications technologies and how it responds to economic, political and cultural globalization will determine the very future of that society. Restrict access to information, and your chances to develop will become restricted. Open up the channels of free communication, and your society will find ways to prosper.
I was delighted to hear Secretary of State Clinton speak about a basic freedom in her January speech on Internet freedom in the ``Newseum''. This freedom is the freedom to connect. Secretary Clinton rightly calls this freedom the freedom of assembly in cyber space. It allows us to come together online, and shape our society in fundamental ways. Fame or money is no longer a requisite to immensely affect our world.
My office is rapidly developing a comprehensive strategy to identify the main problems related to Internet regulation in the 56 countries of the OSCE, and ways to address these issues. I will count on the support of the Helsinki Commission to advance the universal values that this strategy will attempt to extend to those countries where these values are still being questioned.
Let me also mention the importance to protect the freedom of other new technologies.
Only two weeks ago, my Office organized the 12th Central Asia Media Conference in Dushanbe, Tajikistan, where media professionals from all five Central Asian countries adopted a declaration on access to information and new technologies. This document calls on OSCE governments to facilitate the freer and wider dissemination of information, including through modern information and communication technologies, so as to ensure wide access of the public to governmental information.
It also reiterates that new technologies strengthen democracy by ensuring easy access to information, and calls upon state institutions with legislative competencies to refrain from adopting new legislation that would restrict the free flow of information. And only this spring my Office published a guide to the digital switchover, to assist the many OSCE countries where the switch from analogue to digital will take place in the next five years. The aim of the guide is to help plan the digitalization process, and help ensure that it positively affects media freedom, as well as the choice and quality available to the audience.
Besides advocating the importance of good digitalization strategies, I will also use all available fora to raise attention to the alarming lack of broadcast pluralism, especially television broadcast pluralism, in many OSCE countries. As television is the main source of information in many OSCE regions, we must ensure that the laws allow for diverse, high-quality programs and objective news to easily reach every one of us. Only well-informed citizens can make good choices and further democratic values. Whether we talk about Internet regulation, inventive ways to switch to digital while preserving the dominance of a few selected broadcasters, attempts to limit access to information or broadcast pluralism, we must keep one thing in mind: No matter what governments do, in the long run, their attempts to regulate is a lost battle.
People always find ways to obtain the rights that are denied to them. History has shown this over and over again. In the short run, however, it is very clear that I will intervene with governments which try to restrict the free flow of information. Defamation
Similar to fighting violence against journalists, my Office has been campaigning since its establishment in 1997 to decriminalize defamation and libel in the entire OSCE region.
Unfortunately, in most countries, defamation is still punishable by imprisonment, which threatens the existence of critical speech in the media. This is so despite the consistent rulings of the European Court of Human Rights in Strasbourg, stating that imprisonment for speech offences, especially when committed by criticizing public figures, is a disproportionate punishment.
Let us again remind ourselves of the journalists and bloggers I have mentioned above when discussing violence against journalists. They are currently in prison because their writing was considered defamatory. Their fate reminds us all of the importance of the right to freely speak our mind.
This problem needs urgent reform not only in the new, but also in the old democracies of the OSCE. Although the obsolete criminal provisions have not been used in Western Europe for decades, their ``chilling effect'' remained.
Furthermore, the mere existence of these provisions has served as a justification for other states that are unwilling to stop the criminalization of journalistic errors, and instead leave these offenses solely to the civil-law domain.
Currently, defamation is a criminal offence in all but ten OSCE countries--my home country Bosnia and Herzegovina, Cyprus, Estonia, Georgia, Ireland, Moldova, Romania, Ukraine, the United Kingdom and the United States.
Last year, three OSCE countries decriminalized defamation, which I consider to be an enormous success: Ireland, Romania and the United Kingdom; the last being the first among the Western European participating States to officially decriminalize defamation.
Some other countries, such as Armenia, are currently reforming their defamation provisions, and I hope that I can soon welcome the next country that carries out this important and very long overdue reform.
Concluding remarks
Dear Chairmen,
Dear Commissioners,
Ladies and Gentlemen,
The above problematic areas--violence against journalists, restrictions of new media including the Internet, lack of pluralism and resistance to decriminalize defamation--are among the most urgent media freedom problems that need our attention and concentrated efforts today. However, we will also not forget about the many other fields where there is plenty of room to improve. Of course, I will not miss the excellent opportunity that we are here together today to raise your attention to the topic that my distinguished predecessor, Miklos Haraszti, has already raised with you: the establishment and the adoption of a federal shield law in the United States.
As you know, my Office has been a dedicated promoter of the federal shield law for many years. If passed, the Free Flow of Information Act would provide a stronger protection to journalists; it could ensure that imprisonments such as that of Judith Miller in 2005, and Josh Wolf in 2006, could never again take place and hinder investigative journalism. But the passage of such legislation would resonate far further than within the borders of the United States of America. It could send a very much needed signal and set a precedent to all the countries where protection of sources is still opposed by the government and is still not more than a dream for journalists.
I respectfully ask all of you, distinguished Commissioners, to continue and even increase your efforts to enable that the Free Flow of Information Act soon becomes the latest protector of media freedom in the United States.
And of course I cannot close my speech without mentioning my home country, Bosnia and Herzegovina. As you know, not only Bosnia and Herzegovina, but also most of the emerging democracies in the Balkans enjoy modern and forward-looking media legislation. We can openly say that they almost have it all when it comes to an advanced legal and regulatory framework enabling free expression to thrive. But it is not that simple. I use this moment to pose several questions: if there are good laws, then why do we still face severe problems in relation to media freedom, why do we stagnate and sometimes even move backward? Where does the problem lie? And, more importantly, how can we solve it and move ahead?
What Bosnia and Herzegovina shows us is that good laws in themselves are not enough. Without their good implementation, they are only documents filled with unrealized potential. In countries that struggle with similar problems, we must stress over and over again: without the full implementation of valid legislation, without genuine political will, without a comprehensive understanding of the media's role in a functioning democracy, without the creation of a safe environment for journalists to do their work, and without true commitment by all actors, these countries risk falling far behind international standards.
Apart from unmet expectations and disillusioned citizens, we all know that the consequences of politicized and misused media could be very serious. In conclusion, let me assure you, dear Commissioners, that I will not hesitate to openly and vigorously remind any country of their responsibilities toward implementing the OSCE commitments to the freedom of the media.
I am also asking you to use this opportunity today and send a clear message to the governments of all OSCE countries to do their utmost to fully implement their media legislation safeguarding freedom of expression. The governments have the power to create an environment in which media can perform their unique role free of pressures and threats. Without this, no democracy can flourish.
Thank you for your attention.