The Russian Government Violates Its Security, Economic, Human Rights Commitments and Agreements

The Russian Government Violates Its Security, Economic, Human Rights Commitments and Agreements

Hon.
Christopher H. Smith
United States
House of Representatives
114th Congress Congress
First Session Session
Thursday, October 22, 2015

Mr. Speaker, yesterday I chaired a hearing of the Helsinki Commission that examined the Russian government’s repeated violations of its international security, economic, and human rights commitments. 

In accord with the three dimensions of security promoted by the OSCE and the Helsinki Final Act of 1975, the Commission looked at Russia’s respect for the rule of law through the lens of three ‘‘case studies’’ current to U.S.-Russian relations—arms control agreements; the Yukos litigation; and instances of abduction, unjust imprisonment, and abuse of prisoners. 

Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act. 

At stake is the hard-won trust between members—now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails. 

In respect of military security, under the 1994 Budapest Memorandum Russia reaffirmed its commitment to respect Ukraine’s independence, sovereignty, and existing borders. Russia also committed to refrain from the threat or use of force or economic coercion against Ukraine. There was a quid pro quo here: Russia did this in return for transferring Soviet-made nuclear weapons on Ukrainian soil to Russia. 

Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act. It appears these are not isolated instances. In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments such as the Vienna Document and binding international agreements, including the Conventional Forces in Europe (CFE), Intermediate Nuclear Forces (INF), and Open Skies treaties. 

In respect of commercial issues, the ongoing claims regarding the Russian government’s expropriation of the Yukos Oil Company are major tests facing the Russian government. In July 2014, GML Limited and other shareholders were part of a $52 billion arbitration claim awarded by the Hague Permanent Court of Arbitration and the European Court of Human Rights (ECHR). 

In response, the Russian government is threatening to withdraw from the ECHR and seize U.S. assets should American courts freeze Russian holdings on behalf of European claimants, while filing technical challenges that will occupy the courts for years to come. All of this fundamentally calls into question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms such as that of the Hague. 

I note that U.S. Yukos shareholders are not covered by the Hague ruling for their estimated $6 billion in losses. This is due to the fact that the United States has not ratified the Energy Charter Treaty, under which European claimants won their case, as well as the continued absence of a bilateral investment treaty with Russia. This has handicapped U.S. investors in Russia’s energy sector, leaving them solely dependent of a State Department espousal process with the Russian government. 

We were all relieved to learn that Mr. Kara-Murza is recovering from the attempt on his life—by poisoning—in Russia earlier this year. His tireless work on behalf of democracy in Russia, and his personal integrity and his love of his native country is an inspiration—it is true patriotism, a virtue sadly lacking among nationalistic demagogues. 

Sadly, the attempt on Mr. Kara-Murza’s life is not an isolated instance. Others have been murdered—most recently Boris Nemtsov—and both his and Mr. Kara-Murza’s cases remain unsolved. 

In other cases, such as the abductions, unjust imprisonments, and abuses of Nadiya Savchenko, Oleg Sentsov, and Eston Kohver, we are dealing the plain and public actions of the Russian government. Nadiya Savchenko, a Ukrainian pilot and elected parliamentarian, was abducted by Russian government agents, imprisoned, subjected to a humiliating show trial, and now faces 25 years in prison for allegedly murdering Russian reporters—who in fact were killed after she was in Russian custody.  Meanwhile, a Russian court has sentenced Ukrainian film director Oleg Sentsov on charges of terrorism. Tortured during detention, Sentsov’s only transgressions appear to be his refusal to recognize Russia’s annexation of the peninsula and his effort to help deliver food to Ukrainian soldiers trapped on their Crimean bases by invading Russian soldiers. And the kidnaping and subsequent espionage trial against Estonian law enforcement officer Eston Kohver demonstrates the Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders. 

The Magnitsky Act that I had the honor to co-sponsor was in part meant to address human rights abuses such as these. It sanctions those involved in the abuse, and works to discourage further human rights violations while protecting those brave enough to call attention to their occurrence. It troubles me greatly to hear that the Administration’s listings of sanctioned individuals has thus far only targeted ‘minor players,’ rather than those who pull the strings.  

Leadership: 
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  • OSCE Conference Focuses on Racism, Xenophobia, and Discrimination

    By H. Knox Thames CSCE Counsel The second Organization for Security and Cooperation in Europe conference on Tolerance and the Fight against Racism, Xenophobia and Discrimination convened in Brussels, Belgium, September 13-14, 2004.  Along with the first conference held last fall in Vienna, the two meetings were part of broad efforts by OSCE participating States to address concerns about intolerance and anti-Semitism. Alphonso Jackson, Secretary of Housing and Urban Development, led the United States Delegation.  Other U.S. delegates included Dr. Maha Hadi Hussain, University of Michigan; Tamar Jacoby, Senior Fellow at the Manhattan Institute; William Cardinal Keeler, Archbishop of Baltimore; Larry Thompson, former U.S. Deputy Attorney General; Robert L. Woodson, President of the National Center for Neighborhood Enterprise; and Stephan M. Minikes, U.S. Ambassador to the OSCE. Conference participants included 47 OSCE participating States, five Mediterranean Partners for Cooperation, and many non-governmental organizations representing a range of interests.  His Royal Highness Prince Filip of Belgium, His Royal Highness Prince Hassan of Jordan, and His All Holiness Patriarch Bartholomew I addressed the opening session of the conference.  United States Helsinki Commission Member Rep. Alcee L. Hastings (D-FL) also spoke at the opening session in his capacity as President of the OSCE Parliamentary Assembly. The Brussels Conference consisted of four plenary sessions and four workshops.  Considering the broad themes of the conference, the plenary sessions focused on a variety of issues related to intolerance: governmental actions in law enforcement and promoting tolerance; efforts to combat discrimination against legal migrant workers; and efforts to promote tolerance through education and the media.  The workshop topics were equally diverse, addressing discriminatory government policies affecting religious freedoms, promotion of tolerance toward Muslims, and combating discrimination based on color. The Office of Democratic Institutions and Human Rights also reported on its strategy and activities relating to tolerance.        Members of the U.S. Delegation participated fully in all aspects of the conference, giving introductory statements at plenary sessions and actively engaging in discussions regarding various forms of discrimination. In the first session, “Legislative and Institutional Mechanisms and Governmental Action, including Law Enforcement,” U.S. Head of Delegation, Secretary Jackson noted that “abuses prompted by disregard for the principles of tolerance and non-discrimination occur in countries across the globe.  Some come in the form of individual acts of racism that harm only small numbers of people at a time.  Others come in the form of national policies that discriminate against certain segments of society.  All pose a challenge that all countries must confront directly in order to guarantee the freedom, democracy, and prosperity that we hold dear.” During the workshop entitled “Facilitating Freedom of Religion and Belief through Transparent and Non-Discriminatory Laws, Regulations, Policies and Procedures,” Cardinal Keeler stressed that participating States must “work to implement non-discriminatory laws, avoiding those that limit the ability of groups to operate equally. Registration systems should not create unfair tiered systems offering unique benefits and privileges to some and lesser legal status to others, or establish numerical thresholds almost impossible to meet.” Dr. Hussain’s contribution to the workshop on “Promotion of Tolerance and Non-Discrimination toward Muslims” addressed a number of issues, also singling out specific examples of governmental discrimination against Muslims.  “While the threat of terrorism is real and it can never be condoned, the negative attention stigmatizes communities and fosters xenophobia against minorities—be they Muslims, Arabs or others,” said Hussain.  “It also can result in violation of individual privacy and abuse of police powers.  It is hard to justify these actions, particularly in democratic states where human and minority rights are meant to be protected.” In the closing session, Secretary Jackson urged OSCE participating States and conference participants to combat all forms of discrimination, especially those based on skin color.  He spoke from his own experiences growing up in the southern United States in the 1960s during the  Civil Rights Movement.  Jackson noted how far the United States has traveled toward tolerance.  He observed, however, that work within the United States is not finished.  “That is why we gathered here this week to share our experiences and learn all we can from one another … to discuss the successes we have achieved in our respective countries … and to recommit ourselves to resolving the challenges that remain,” Secretary Jackson said.  “We know there is much work ahead of us, but as nations committed to promoting tolerance and diversity, we must focus the combined and concerted efforts of government, civil society, and individuals in the pursuit of positive change.”  The U.S. Delegation proposed 13 recommendations for consideration in future efforts to address issues of discrimination and intolerance, which included: Leaders of participating States should speak out and take resolute action against attacks and crimes directed at individuals based on race, color, religion, political or other opinion, sex, language, national or social origin, property, birth or other status. Participating States without anti-discrimination laws should enact such legislation at the earliest opportunity.  Those states with anti-discrimination laws should make strengthening such legislation a top priority.  All states may consult ODIHR on best practices. Participating States should reach out to minority communities and establish procedures for the reporting of possible bias-motivated crimes and violations of anti-discrimination laws.  Authorities should ensure the rapid and effective investigation and prosecution of such crimes. Participating States, OSCE Institutions, and NGOs should cooperate in developing training programs for law enforcement and justice officials on legislation relating to hate crimes and its enforcement. Participating States should affirmatively declare that institutionalized discrimination against religious communities is unacceptable and ensure that their legal systems foster equality, not subordination, of religious groups.  Registration laws, policies, and procedures should be non-discriminatory, neutral and transparent and should not use overly burdensome numerical or temporal thresholds. The OSCE should consider meetings on the promotion of tolerance and nondiscrimination toward Muslims. The conference concluded in similar fashion to the Berlin Conference on Anti-Semitism, with the reading of a declaration by OSCE Chair-in-Office, Bulgarian Foreign Minister Solomon Passy.  The “Brussels Declaration” condemned “without reserve all forms of racism, xenophobia and anti-Semitism and other acts of intolerance and discrimination, including against Muslims” and organizations and individuals that promote “hatred or acts of racism, xenophobia, discrimination, or related intolerance, including against Muslims, and anti-Semitism.”  In parallel to the Berlin Declaration, the Brussels Declaration also declared “unambiguously that international developments or political issues never justify racism, xenophobia or discrimination,” while also rejecting the “identification of terrorism and extremism with any religion, culture, ethnic group, nationality or race.”  Following the Berlin precedent, the Brussels Declaration incorporated a previously agreed Permanent Council decision setting forth actions participating States and ODIHR should undertake.  Reinforcing the PC decision for Berlin, participating States again agreed to “collect and maintain reliable information and statistics about hate crimes” and to forward that information to ODIHR periodically, and directed ODIHR to work with international organizations in this endeavor and to report their findings to the Permanent Council.  States decided to “take steps to combat acts of discrimination and violence” against Muslims, migrants and migrant workers, and to consider “undertaking activities to raise public awareness of the enriching contribution of migrants and migrant workers to society.”  In addition, governments committed to “consider establishing training programmes for law enforcement and judicial officials on legislation and enforcement of legislation relating to hate crimes.”  The Brussels Declaration and statements given at the conference are available at http://www.osce.org/events/conferences/tolerance2004.  The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce.     United States Helsinki Commission Intern Judy Abel contributed to this article.

  • OSCE Conference Focuses on Racism, Xenophobia, and Discrimination

    By H. Knox Thames CSCE Counsel The second Organization for Security and Cooperation in Europe conference on Tolerance and the Fight against Racism, Xenophobia and Discrimination convened in Brussels, Belgium, September 13-14, 2004.  Along with the first conference held last fall in Vienna, the two meetings were part of broad efforts by OSCE participating States to address concerns about intolerance and anti-Semitism. Alphonso Jackson, Secretary of Housing and Urban Development, led the United States Delegation.  Other U.S. delegates included Dr. Maha Hadi Hussain, University of Michigan; Tamar Jacoby, Senior Fellow at the Manhattan Institute; William Cardinal Keeler, Archbishop of Baltimore; Larry Thompson, former U.S. Deputy Attorney General; Robert L. Woodson, President of the National Center for Neighborhood Enterprise; and Stephan M. Minikes, U.S. Ambassador to the OSCE. Conference participants included 47 OSCE participating States, five Mediterranean Partners for Cooperation, and many non-governmental organizations representing a range of interests.  His Royal Highness Prince Filip of Belgium, His Royal Highness Prince Hassan of Jordan, and His All Holiness Patriarch Bartholomew I addressed the opening session of the conference.  United States Helsinki Commission Member Rep. Alcee L. Hastings (D-FL) also spoke at the opening session in his capacity as President of the OSCE Parliamentary Assembly. The Brussels Conference consisted of four plenary sessions and four workshops.  Considering the broad themes of the conference, the plenary sessions focused on a variety of issues related to intolerance: governmental actions in law enforcement and promoting tolerance; efforts to combat discrimination against legal migrant workers; and efforts to promote tolerance through education and the media.  The workshop topics were equally diverse, addressing discriminatory government policies affecting religious freedoms, promotion of tolerance toward Muslims, and combating discrimination based on color. The Office of Democratic Institutions and Human Rights also reported on its strategy and activities relating to tolerance.       Members of the U.S. Delegation participated fully in all aspects of the conference, giving introductory statements at plenary sessions and actively engaging in discussions regarding various forms of discrimination. In the first session, “Legislative and Institutional Mechanisms and Governmental Action, including Law Enforcement,” U.S. Head of Delegation, Secretary Jackson noted that “abuses prompted by disregard for the principles of tolerance and non-discrimination occur in countries across the globe.  Some come in the form of individual acts of racism that harm only small numbers of people at a time.  Others come in the form of national policies that discriminate against certain segments of society.  All pose a challenge that all countries must confront directly in order to guarantee the freedom, democracy, and prosperity that we hold dear.” During the workshop entitled “Facilitating Freedom of Religion and Belief through Transparent and Non-Discriminatory Laws, Regulations, Policies and Procedures,” Cardinal Keeler stressed that participating States must “work to implement non-discriminatory laws, avoiding those that limit the ability of groups to operate equally. Registration systems should not create unfair tiered systems offering unique benefits and privileges to some and lesser legal status to others, or establish numerical thresholds almost impossible to meet.” Dr. Hussain’s contribution to the workshop on “Promotion of Tolerance and Non-Discrimination toward Muslims” addressed a number of issues, also singling out specific examples of governmental discrimination against Muslims.  “While the threat of terrorism is real and it can never be condoned, the negative attention stigmatizes communities and fosters xenophobia against minorities—be they Muslims, Arabs or others,” said Hussain.  “It also can result in violation of individual privacy and abuse of police powers.  It is hard to justify these actions, particularly in democratic states where human and minority rights are meant to be protected.” In the closing session, Secretary Jackson urged OSCE participating States and conference participants to combat all forms of discrimination, especially those based on skin color.  He spoke from his own experiences growing up in the southern United States in the 1960s during the  Civil Rights Movement.  Jackson noted how far the United States has traveled toward tolerance.  He observed, however, that work within the United States is not finished. “That is why we gathered here this week to share our experiences and learn all we can from one another … to discuss the successes we have achieved in our respective countries … and to recommit ourselves to resolving the challenges that remain,” Secretary Jackson said.  “We know there is much work ahead of us, but as nations committed to promoting tolerance and diversity, we must focus the combined and concerted efforts of government, civil society, and individuals in the pursuit of positive change.” The U.S. Delegation proposed 13 recommendations for consideration in future efforts to address issues of discrimination and intolerance, which included: Leaders of participating States should speak out and take resolute action against attacks and crimes directed at individuals based on race, color, religion, political or other opinion, sex, language, national or social origin, property, birth or other status. Participating States without anti-discrimination laws should enact such legislation at the earliest opportunity.  Those states with anti-discrimination laws should make strengthening such legislation a top priority.  All states may consult ODIHR on best practices. Participating States should reach out to minority communities and establish procedures for the reporting of possible bias-motivated crimes and violations of anti-discrimination laws.  Authorities should ensure the rapid and effective investigation and prosecution of such crimes. Participating States, OSCE Institutions, and NGOs should cooperate in developing training programs for law enforcement and justice officials on legislation relating to hate crimes and its enforcement. Participating States should affirmatively declare that institutionalized discrimination against religious communities is unacceptable and ensure that their legal systems foster equality, not subordination, of religious groups.  Registration laws, policies, and procedures should be non-discriminatory, neutral and transparent and should not use overly burdensome numerical or temporal thresholds. The OSCE should consider meetings on the promotion of tolerance and nondiscrimination toward Muslims. The conference concluded in similar fashion to the Berlin Conference on Anti-Semitism, with the reading of a declaration by OSCE Chair-in-Office, Bulgarian Foreign Minister Solomon Passy.  The “Brussels Declaration” condemned “without reserve all forms of racism, xenophobia and anti-Semitism and other acts of intolerance and discrimination, including against Muslims” and organizations and individuals that promote “hatred or acts of racism, xenophobia, discrimination, or related intolerance, including against Muslims, and anti-Semitism.”  In parallel to the Berlin Declaration, the Brussels Declaration also declared “unambiguously that international developments or political issues never justify racism, xenophobia or discrimination,” while also rejecting the “identification of terrorism and extremism with any religion, culture, ethnic group, nationality or race.” Following the Berlin precedent, the Brussels Declaration incorporated a previously agreed Permanent Council decision setting forth actions participating States and ODIHR should undertake.  Reinforcing the PC decision for Berlin, participating States again agreed to “collect and maintain reliable information and statistics about hate crimes” and to forward that information to ODIHR periodically, and directed ODIHR to work with international organizations in this endeavor and to report their findings to the Permanent Council.  States decided to “take steps to combat acts of discrimination and violence” against Muslims, migrants and migrant workers, and to consider “undertaking activities to raise public awareness of the enriching contribution of migrants and migrant workers to society.”  In addition, governments committed to “consider establishing training programmes for law enforcement and judicial officials on legislation and enforcement of legislation relating to hate crimes.” The Brussels Declaration and statements given at the conference are available at http://www.osce.org/events/conferences/tolerance2004. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce.  United States Helsinki Commission Intern Judy Abel contributed to this article.

  • Expressing the Sense of Congress in Support of the Ongoing Work of the Organization for Security and Cooperation in Europe

    Madam President, I applaud the leadership for taking up S. Con. Res. 110, a resolution expressing the sense of Congress in support of the ongoing work of the Organization for Security and Cooperation in Europe, OSCE, in combating anti-Semitism, racism, xenophobia, discrimination, intolerance, and related violence. The Helsinki Commission, which I co-chair, has been on the forefront of efforts to combat anti-Semitism throughout the 55 participating States that comprise the OSCE. Commission initiatives have been aimed at urging all OSCE countries to take real action, to ensure that the issue of anti-Semitism is not swept under the rug or disguised in misleading euphemisms like "hooliganism." The latent, yet persistent, problem of anti-Semitism is one that cannot be ignored, but rather must be met head on, with the full force and weight of elected leaders and Government officials publicly denouncing acts of anti-Semitism and related violence. For this reason, I am pleased the U.S. Senate today will be on record in our fight against anti-Semitism and speak to this pernicious problem. I want to highlight one portion of the resolution that calls for the Bulgarian Chairman-in-Office and the incoming Slovenian CiO to "consider appointing" an individual to the post of a "personal envoy." This high profile position would help ensure "sustained attention with respect to fulfilling OSCE commitments on the reporting of anti-Semitic crimes." The need for this position was made clear in a recent report by the OSCE Office for Democratic Institutions and Human Rights. At the end of June the OSCE'S Office for Democratic Institutions and Human Right's ODIHR reported that only 20 of 55 participating States had responded to the four requests for submissions issued by ODIHR between January 28 and May 28. Canada and Slovakia have since made submissions. Each participating State has been asked to forward to ODIHR information concerning legislation and statistics about anti-Semitic crimes and hate crimes, as agreed to under the Maastricht Ministerial Council Decision and the Permanent Council Decision highlighted in the Berlin Declaration. Mr. President I ask unanimous consent that a summary of the responses from participating States, dated June 21, 2004 be printed in the Record following this statement:   As actions speak louder than words, the poor compliance indicates a lack the political will by some to make fighting anti-Semitism and intolerance a high priority. Therefore, a personal envoy could work to encourage participating States to honor their commitments and to forward the information to ODIHR for compilation, raising these concerns at the highest level. I consequently urge Bulgaria and Slovenia, along with all other participating States, to support efforts to create a personal envoy of the OSCE Chairman in Office on anti-Semitism. I note that the current OSCE Chair, Foreign Minister Solomon Passy is in Washington this week for consultations and I urge him to appoint such a representative before the end of Bulgaria's chairmanship. As Secretary of State Powell stated at the Berlin Conference, "We must send the clear message far and wide that anti-Semitism is always wrong and it is always dangerous. We must send the clear message that anti-Semitic hate crimes are exactly that: crimes, and that these crimes will be aggressively prosecuted." Senate passage of S. Con. Res. 110 will bolster the ongoing work of the OSCE in confronting and combating anti-Semitism.   Exhibit 1  PARTICIPATING STATE RESPONSES TO NOTE VERBALE  [As of 21st June 2004]  Participating State Responded to NV Statistics Legislation National initiatives Nomination of authority responsible for collection and provision of info             Albania Yes X Yes X X Andorra X X X X X Armenia X X X X X Austria Yes Yes Yes Yes X Azerbaijan X X X X X Belarus Yes Yes Yes Yes X Belgium X X X X X Bosnia and Herzegovina X X X X X Bulgaria Yes X Yes Yes X Canada X X X X X Croatia Yes Yes Yes Yes X Cyprus X X X X X Czech Republic X X X X X Denmark Yes Yes Yes Yes X Estonia X X X X X Finland Yes Yes Yes Yes X France X X X X X Georgia X X X X X Germany Yes Yes Yes Yes X Greece X X X X X Holy See Yes X X Yes Yes Hungary X X X X X Iceland X X X X X Ireland X X X X X Italy X X X X X Kazakhstan X X X X X Kyrgyzstan X X X X X Latvia Yes Yes Yes Yes Yes Liechtenstein Yes X Yes Yes X Lithuania Yes Yes Yes Yes X Luxembourg Yes X Yes Yes X Malta Yes X Yes X X Moldova Yes Yes Yes X X Monaco X X X X X Netherlands X X X X X Norway X X X X X Poland Yes Yes Yes Yes X Portugal X X X X X Romania Yes X Yes Yes X Russian Federation X X X X X San Marino X X X X X Serbia and Montenegro X X X X X Slovak Republic X X X X X Slovenia X X X X X Spain X X X X X Sweden Yes Yes Yes Yes Yes Switzerland Yes Yes Yes Yes Yes Tajikistan X X X X X Former Yugoslav Republic of Macedonia X X X X X Turkey X X X X X Turkmenistan X X X X X Ukraine X X X X X United Kingdom of Great Britain and Northern Ireland X X X X X United States of America Yes Yes Yes Yes X Uzbekistan X X X X X S.Con.Res. 110 Expressing the sense of Congress in support of the ongoing work of the Organization for Security and Cooperation in Europe (OSCE) in combating anti-Semitism, racism, xenophobia, discrimination, intolerance, and related violence. Whereas anti-Semitism is a unique evil and an affront to human rights that must be unequivocally condemned, and a phenomenon that, when left unchecked, has led to violence against members of the Jewish community and Jewish institutions; Whereas racism, xenophobia, and discrimination are also pernicious ills that erode the dignity of the individual and undermine the achievement and preservation of stable democratic societies; Whereas to be effective in combating these phenomena, governments must respond to related violence while seeking to address the underlying sources of anti-Semitism, racism, xenophobia, discrimination, intolerance, and related violence through public denouncements by elected leaders, vigorous law enforcement, and education; Whereas all Organization for Security and Cooperation in Europe (OSCE) participating states must confront acts of anti-Semitism and intolerance, and must deal effectively with acts of violence against Jews and Jewish cultural sites, as well as against ethnic and religious minority groups, in keeping with their OSCE commitments; Whereas education is critical in overcoming intolerance and it is essential that those responsible for formulating education policy recognize the importance of teaching about the Holocaust and intolerance as a tool to fight anti-Semitism, racism, xenophobia, and discrimination among young people; Whereas ensuring proper training of law enforcement officers and military forces is vital in keeping alive the memory of the Holocaust and to the importance of understanding and responding to incidents of anti-Semitism and intolerance; Whereas OSCE participating states have repeatedly committed to condemn anti-Semitism and intolerance, foremost in the historic 1990 Copenhagen Concluding Document that, for the first time, declared "participating [s]tates clearly and unequivocally condemn totalitarianism, racial and ethnic hatred, anti-Semitism, xenophobia and discrimination against anyone," and stated their intent to "take effective measures . . . to provide protection against any acts that constitute incitement to violence against persons or groups based on national, racial, ethnic or religious discrimination, hostility or hatred, including anti-Semitism;" Whereas the OSCE Parliamentary Assembly has demonstrated leadership by unanimously passing resolutions at its annual sessions in 2002 and 2003 that condemn anti-Semitism, racial and ethnic hatred, xenophobia, and discrimination and call upon participating states to speak out against these acts and to ensure aggressive law enforcement by local and national authorities; Whereas the 2002 Porto OSCE Ministerial Council Decision committed participating states to "take strong public positions against hate speech and other manifestations of aggressive nationalism, racism, chauvinism, xenophobia, anti-Semitism and violent extremism," specifically condemned the "recent increase in anti-Semitic incidents in the OSCE area, recognizing the role that the existence of anti-Semitism has played throughout history as a major threat to freedom," and urged for the "convening of separately designated human dimension events on issues addressed in this decision, including on the topics of anti-Semitism, discrimination and racism and xenophobia;" Whereas the 2003 OSCE Vienna conferences on anti-Semitism and racism, xenophobia, and discrimination were groundbreaking, as the OSCE and its participating states met to discuss ways to combat these destructive forces; Whereas the 2003 Maastricht Ministerial Council approved follow-up OSCE conferences on anti-Semitism and on racism, xenophobia and discrimination, and encouraged "all participating [s]tates to collect and keep records on reliable information and statistics on hate crimes, including on forms of violent manifestations of racism, xenophobia, discrimination, and anti-Semitism," as well as to inform the OSCE Office of Democratic Institutions and Human Rights (ODIHR) "about existing legislation regarding crimes fueled by intolerance and discrimination"; Whereas at the 2004 OSCE Conference on Anti-Semitism, hosted in the German capital, the Bulgarian Chairman-in-Office issued the "Berlin Declaration" which stated unambiguously that "international developments or political issues, including those in Israel or elsewhere in the Middle East, never justify anti-Semitism"; Whereas the Berlin Declaration advances the process of monitoring of anti-Semitic crimes and hate crimes, as all OSCE participating states committed to "collect and maintain" statistics about these incidents and to forward that information to the ODIHR for compilation; Whereas during the closing conference plenary, the German Foreign Minister and others highlighted the need to ensure all participating states follow through with their commitments and initiate efforts to track anti-Semitic crimes and hate crimes; and Whereas the Government of Spain announced its willingness to organize and hold the next OSCE Conference on Anti-Semitism in Cordoba, Spain, in the event the OSCE Ministerial Council decides to hold another conference on anti-Semitism: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That it is the sense of Congress that-- (1) the United States Government and Congress should unequivocally condemn acts of anti-Semitism and intolerance whenever and wherever they occur; (2) officials and elected leaders of all Organization for Security and Cooperation in Europe (OSCE) participating states, including all OSCE Mediterranean Partner for Cooperation countries, should also unequivocally condemn acts of anti-Semitism, racism, xenophobia, and discrimination whenever and wherever they occur; (3) the participating states of the OSCE should be commended for supporting the Berlin Declaration and for working to bring increased attention to incidents of anti-Semitism and intolerance in the OSCE region; (4) the United States Government, including Members of Congress, recognizing that the fundamental job of combating anti-Semitism and intolerance falls to governments, should work with other OSCE participating states and their parliaments to encourage the full compliance with OSCE commitments and, if necessary, urge the creation of legal mechanisms to combat and track acts of anti-Semitism and intolerance; (5) all participating states, including the United States, should forward their respective laws and data on incidents of anti-Semitism and other hate crimes to the OSCE Office for Democratic Institutions and Human Rights (ODIHR) for compilation and provide adequate resources for the completion of its duties; (6) the United States should encourage the Bulgarian Chairman-in-Office, in consultation with the incoming Slovenian Chairman-in-Office, to consider appointing a high level "personal envoy" to ensure sustained attention with respect to fulfilling OSCE commitments on the reporting of anti-Semitic crimes; (7) the United States should urge OSCE participating states to support the January 2000 Declaration of the Stockholm International Forum on the Holocaust, and the work of the Task Force for International Cooperation on Holocaust Education, Remembrance and Research, in developing effective methodologies to teach the lessons of the Holocaust; and (8) all OSCE participating states should renew and revitalize efforts to implement their existing commitments to fight anti-Semitism and intolerance, and keep sharp focus on these issues as part of the usual work of the OSCE Permanent Council, the Human Dimension Implementation Review Meeting, the Ministerial Council and summits.  

  • Advancing U.S. Interests through the OSCE

    The OSCE has been a pioneer in defining an integrated approach to security, one in which human rights and economic well-being are as key to a nation’s stability as are traditional military forces.  It remains not only the largest trans-Atlantic organization, but the one with the broadest definition of security.  The OSCE has also created the most innovative habits of dialogue and collective action of any multilateral organization in the world.  The focus of the hearing will be how the OSCE can be used most effectively to highlight and advance the interests of the United States.  Among the subjects to be covered will be objectives for the December (2004) meeting of Foreign Ministers in Sofia; recent high-impact security initiatives; expectations for the upcoming Human Dimension Implementation Meeting in Warsaw; and refining and strengthening the OSCE.

  • Background: OSCE Election Observation

    The United States has provided important leadership within the 55-nation Organization for Security and Cooperation in Europe (OSCE) in advancing democracy and human rights. In 1990, the U.S. and all OSCE participating States agreed by consensus to the Copenhagen Document, reaffirming principles to strengthen respect for fundamental freedoms, and inviting observers from other participating States to observe national elections. That same year, a U.S.-sponsored initiative led to the creation of the Office of Democratic Institutions and Human Rights (ODllR) as the OSCE's focal point for all election-related matters, including election observation, technical assistance, and the review of electoral legislation. Thus OSCE commitments require participating States, including the United States, to invite other participating States to observe their elections. Consistent with this commitment, the U.S. formally invited ODllR to send observers to elections in 1996, 1998 2000 and 2002. In 2002, ODllR deployed a team of 10 international observers to Florida and produced a largely positive report saying "measures adopted in Florida can serve as an example of good practice to the rest of the U.S. and other OSCE participating States." In 2003 ,two ODIHR observers came to observe the California gubernatorial recall election. Each year, the ODllR deploys thousands of observers to monitor elections throughout the OSCE region in order to assess participating States ' compliance with OSCE election-related commitments. At the parliamentary level, the OSCE Parliamentary Assembly has developed a particularly active program for monitoring elections. The United States has fielded thousands of American election observers in OSCE countries since the early 1990s as part of these missions. ODllR missions are funded from the core budget of the OSCE to which the U.S. contributes 9% annually. These funds cover expenses for ODllR experts and basic support of the mission and are not used to finance the participation of individual observers. Thus, election observation has become an integral part of U.S. efforts to advance democracy throughout the OSCE region. Consistent with its OSCE commitments and in keeping with customary practice, the United States Government - through the U. S. Mission to the OSCE in Vienna - extended an invitation for the ODllR to observe the U.S. elections in November. An ODllR assessment team was in Washington September 7- 10 and visited the Federal Election Commission, the U.S. Election Assistance Commission the Republican and Democratic National Committees, the International Republican Institute, the National Democratic Institute and relevant non-governmental organizations. An assessment report will be prepared with recommendations concerning whether or not to observe, if so where, and how many observers following their return to Warsaw, Poland. While most ODIHR election observation missions have been deployed to the countries of Eastern Europe and the former Soviet Union, elections in established democracies have also been observed. The latter have included France (2002 presidential), the United Kingdom (2003 devolved administrations of Scotland, Wales and Northern Ireland), and Spain (2004 parliamentary). In an unprecedented development, ODllR was invited to observe the 2004 elections to European Parliament in 25 OSCE participating States: Austria, Belgium, Cyprus Czech Republic, Denmark, Estonia, Finland, France Germany, Greece Hungary, Ireland, Italy, Latvia, Lithuania Luxembourg, Malta The Netherlands Poland, Portgal, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom. The only OSCE participating State to outright refuse to invite an election observation mission was Yugoslavia in 2000 under then-President Slobodan Milosevic. Prepared by the staff of the U.S. Commission on Security and Cooperation in Europe

  • OSCE Materials Relating to Torture

    Excerpts Relating to Torture or Other Forms of Cruel, Inhuman or Degrading Treatment.

  • U.S. Delegation Contributes to OSCE PA Annual Session in Edinburgh

    By Chadwick Gore CSCE Staff Advisor A 13-member bipartisan U.S. delegation participated in the Thirteenth Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, hosted by the Parliament of the United Kingdom in Edinburgh, Scotland, July 5-9.  At the closing plenary, the Assembly approved the Edinburgh Declaration. The United States delegation led by Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ), included Ranking Commissioner Rep. Benjamin L. Cardin (D-MD), Commissioners Rep. Louise McIntosh Slaughter (D-NY), Rep. Alcee L. Hastings (D-FL), Rep. Robert B. Aderholt (R-AL),  Rep. Mike McIntyre (D-NC), and Rep. Joseph R. Pitts (R-PA).   Rep. Steny H. Hoyer (D-MD), Rep. Donald M. Payne (D-NJ), Rep. James E. Clyburn (D-SC), Rep. Bennie G. Thompson (D-MS), Rep. Thomas G. Tancredo (R-CO) and Rep. Hilda L. Solis (D-CA) were also among the delegation. While in Edinburgh, the delegation participated fully in the work of the Standing Committee and opening plenary as well as in the Assembly’s three committees.  The delegation=s active participation demonstrated the continued commitment of the U.S. Congress to U.S.-European relations, mutual interests and common threats. Hastings and Cardin Elected to Assembly Leadership Posts Commissioner Hastings won handily a one-year term as OSCE PA President, prevailing over candidates from France and Finland in a first-round victory.   In addition to Mr. Hastings’ election as OSCE PA President, three of the Assembly’s nine Vice Presidents were elected: Panos Kammenos (Greece), Giovanni Kessler (Italy) and Nebahat Albayrak (Netherlands).  Commissioner Cardin was re-elected to serve as Chair of the General Committee on Economic Affairs, Science, Technology and Environment. This year’s Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States, as well as representatives from four Mediterranean Partners for Cooperation and one Partner for Cooperation.  Representatives from the Council of Europe, Inter-parliamentary Union, European Parliament, NATO Parliamentary Assembly, Assembly of the Western European Union, Council of the Interparliamentary Assembly of Member Nations of the CIS and the Nordic Council also were present.  Five countries, including Germany, Georgia, the Russian Federation, and Serbia and Montenegro, were represented at the level of Speaker of Parliament or President of the Senate. Prior to the Inaugural Plenary Session, the Standing Committee gathered to hear reports on various upcoming Assembly activities as well as reports by the Treasurer and the Secretary General. The OSCE PA Treasurer, Senator Jerry Grafstein (Canada), reported that the Assembly was operating well within its overall budget guidelines.  He also reported that KPMG, the Assembly’s external auditors, had delivered a very positive assessment of the organization’s financial management, expressing complete approval of their financial procedures as applied by the International Secretariat. Additionally, he reported that the OSCE PA’s commitment to a full year of reserves was nearing realization.  The Standing Committee unanimously approved the Treasurer’s proposed budget for fiscal year 2003/2004.  OSCE PA Secretary General R. Spencer Oliver reported on the International Secretariat’s activities. Chairman Smith addressed the Standing Committee as the Assembly’s Special Representative on Human Trafficking and reported on his efforts to promote laws and parliamentary oversight in the OSCE region aimed at combating human trafficking.  A report was heard from the election monitoring mission to Georgia. Martha Morrison, Director, Office for Inter-Parliamentary Activities for U.S. House of Representatives, reported on preparations and planning for the OSCE PA Washington Annual Session to be held July 1-5, 2005. The inaugural ceremony included welcoming addresses by The Right Honorable Peter Hain, MP, Leader of the House of Commons and Secretary of State for Wales and OSCE Chairman-in-Office, Bulgarian Foreign Minister Solomon Passy.  The President of the Assembly, Bruce George of the United Kingdom, presided.  The theme for the Edinburgh Assembly was ACo-operation and Partnership: Coping with New Security Threats.” U.S. Initiatives Members of the U.S. Delegation were active in the work of the Assembly’s three committees and were successful in securing adoption of several supplementary items and amendments.  The Edinburgh Declaration reflects considerable input based on U.S. initiatives.  Leadership from the delegation resulted in adoption of ambitious language concerning the responsibility of OSCE States to combat trafficking in human beings, to fulfill their commitments regarding the fight against racism, anti-Semitism and xenophobia, and to enhance transparency and cooperation between the OSCE and the OSCE PA. In the wake of revelations of abuse in Abu Ghraib, Chairman Smith won unanimous approval of a measure condemning governments’ use of torture and related abuses.  “The supplementary item we propose is designed to make it absolutely clear that the U.S. delegation – and this Assembly – rejects and totally condemns any and all acts of torture, abuse, cruel, inhuman or degrading treatment of prisoners,” Smith said at the meeting.  “The revelations of abuse at Abu Ghraib have shocked and dismayed the American people and people around the world,” he continued.  “The acts committed are deplorable and appalling and violate both U.S. law and international law.” Democratic Whip Rep. Hoyer, who previously served as Helsinki Commission Chairman, also spoke on behalf of the resolution, noting that the entire U.S. Congress had denounced the acts at Abu Ghraib. The measure introduced by Smith reiterates the international standard that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency may be invoked as a justification for torture.” The resolution also calls for cooperation with, and implementation of recommendations of the International Committee of the Red Cross and protection from reprisals for those who report instances of torture or abuse, and support for medical personnel and torture treatment centers in the identification, treatment, and rehabilitation of victims of torture and other forms of cruel, inhuman, or degrading treatment or punishment. Last year, Chairman Smith spearheaded passage of the Torture Victim Relief Reauthorization Act, which authorized $20 million for 2004 and $25 million for 2005 for domestic treatment centers for the victims of torture; $11 million for 2004 and $12 million for 2005 for foreign treatment centers; and $6 million for 2004 and $7 million for 2005 for the United Nations Voluntary Fund for the Victims of Torture. Work of the Committees The General Committee on Political Affairs and Security considered supplementary items on “Measures to Promote Commitments by Non-State Actors to a Total Ban on Anti-Personnel Landmines”, “ Moldova”, “Ukraine”, and “Peace in the Middle East: The Protection of the Holy Basin of Jerusalem”. The Committee re-elected Chair Göran Lennmarker (Sweden) and elected Vice-Chair Jean-Charles Gardetto (Monaco) and Rapporteur Pieter de Crem (Belgium). The General Committee on Economic Affairs, Science, Technology and Environment took up supplementary items on “Kosovo”, and “Economic Cooperation in the OSCE Mediterranean Dimension”.  The Committee re-elected Chair Benjamin Cardin (U.S.A.) and Rapporteur Leonid Ivanchenko (Russian Federation) and elected Vice-Chair Maria Santos (Portugal). The General Committee on Democracy, Human Rights and Humanitarian Questions considered supplementary items on “Combating Trafficking in Human Beings”, “Torture”, “Fulfilling OSCE Commitments Regarding the Fight Against Racism, Anti-Semitism and Xenophobia”, “A Situation of National Minorities in Latvia and Estonia”, “Belarus”, and “Serious Violation of Human Rights in Libya”.  The Committee elected Chair Claudia Nolte (Germany), Vice-Chair Cecilia Wigstrom (Sweden) and Rapporteur Anne-Marie Lizin (Belgium). Additional Initiatives As the President’s Special Representative on Human Trafficking, Chairman Smith met with interested parliamentarians and staff from seven countries to discuss legislative and other initiatives to address the problem of human trafficking in the OSCE region.  Particular areas of discussion included the involvement of peacekeepers in facilitating human trafficking and the continuing need for protection and assistance for victims in countries of destination. While in Edinburgh, members of the U.S. Delegation held bilateral talks with parliamentarians from the Republic of Ireland, The Netherlands, the Russian Federation, Belarus, Serbia and Montenegro, and Germany.  Chairman Smith was briefed by the Director of the Office of Democratic Institutions and Human Rights, Ambassador Christian Strohal, on efforts to collect data on anti-Semitic incidents in the OSCE region as follow up to the Maastricht OSCE Ministerial and the Berlin Conference on anti-Semitism.  Strohal also provided information on ODIHR planning for observation of the November U.S. elections.        Specific side meetings were held during the course of the Annual Session on relations between the OSCE and a number of Mediterranean countries with a meeting on “Promoting Cooperation with the OSCE Mediterranean Partners for Cooperation”, and presentations by Ambassador Janez Lenarcic, Chairman of the OSCE Contact Group with the Mediterranean Partners for Cooperation, and OSCE PA Treasurer Jerry Grafstein of Canada, sponsor of the supplementary item on the region. The OSCE PA Special Representative on Gender Issues, Tone Tingsgard (Sweden), hosted an informal working breakfast to discuss gender issues.  The breakfast was attended by several members of the U.S. Delegation.  The Special Representative presented her plan for future actions addressing gender issues within the OSCE PA.  Primary topics of discussion were the need for members of the Parliamentary Assembly who are interested in gender issues to engage more actively in the Assembly’s debates and to stand for election to positions within the Assembly.  The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • OSCE Election Commitments Reaffirmed

    By Chadwick R. Gore CSCE Staff Advisor Representatives of the OSCE participating States and a variety of non-governmental organizations met in Vienna, Austria, July 15 and 16 for a Supplementary Human Dimension Meeting on Election Standards and Commitments.  The first of a multi-part process, the meeting was organized by the Office for Democratic Institutions and Human Rights in keeping with the December 2003 Maastricht Ministerial Council Decision on elections. That decision tasked the ODIHR “to consider ways to improve the effectiveness of its assistance to participating States in following up recommendations made in ODIHR election-observation reports and inform the Permanent Council on progress made in fulfilling th[e] task.” The decision also tasked “the Permanent Council, drawing on expertise from the ODIHR, to consider the need for additional commitments on elections, supplementing existing ones, and report to the next Ministerial Council.” The next Ministerial Council is scheduled for Sofia, Bulgaria, December 6 and 7, 2004. However, several days prior to the Vienna meeting, the Permanent Representative of the Russian Federation to the OSCE Permanent Council, Ambassador Alexey N. Borodavkin, delivered an intervention to the Permanent Council presenting a Declaration by some member States of the Commonwealth of Independent States (CIS) “regarding the state of affairs within the OSCE.”  The intervention presented a wide range of sharp criticisms of the OSCE, not the least of which was a supposed inability to “adapt itself to the demands of a changing world and ensure an effective solution of the problems of security and co-operation in the Euro-Atlantic area.” The Declaration went on to accuse the organization of interfering in internal affairs and failing to respect the sovereignty of States. The OSCE was also accused of applying double standards and failing to take into account the realities and specific features of individual countries. Then Borodavkin laid what many believed to be the groundwork for the approach of countries associated with the Declaration to the SHDM: These attitudes manifest themselves particularly in the work of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), which mainly deals with monitoring and assessment of election results in participating States. This work of the ODIHR is frequently politicized and does not take into account the specific features of individual countries. For that reason, we believe it necessary to draw up standard objective criteria for assessments by the ODIHR and OSCE missions of election processes throughout the OSCE area. Thus, as the attendees approached Vienna, many were expecting a classic stand-off between a group of former Soviet states, led by the Russian Federation, and at least the United States, if not many members of the European Union, over the role of election observation and the various commitments, especially provisions of the Copenhagen Document. Hints of Russian dissatisfaction with the OSCE’s democracy promotion activity can be traced back to a terse statement issued by the Ministry of Foreign Affairs of the Russian Federation on August 1, 2000, the 25th anniversary of the Helsinki Final Act.  “Attempts to turn it [OSCE] exclusively into an instrument of ‘democratizing’ individual states will only land the OSCE in an impasse. They are fraught with the danger of a retreat from the Helsinki principles and, in the end, the degradation of the Organization.  Opening remarks at the Vienna meeting were delivered by Ambassador Ivo Petrov, Chairman of the Permanent Council, and Ambassador Christian Strohal, Director of ODIHR. Strohal mentioned that there might be a need for new commitments to address future challenges regarding referenda, new technology and election standards from outside the OSCE. He thought there might be a need for additional commitments to further universal suffrage, increase transparency, enhance accountability of election and political authorities, and to maintain public confidence in the electoral process. Alexander Veshnyakov, Chairman of the Central Election Commission of the Russian Federation, gave the initial keynote speech. Those waiting to see if the Russian Federation would continue the line of attack started at the July 8 meeting of the PC were not disappointed. Mr. Veshnyakov quickly pointed out that electoral standards and commitments need to be added to converge “our ideas for the democratic process and help remove possibilities of double standards. The democratic process can be used for anti-democratic means.” He then proceeded to point out that the Copenhagen Document must be fleshed out and rights need to be promoted, agreements since Copenhagen have been diverse and detailed, and despite shortcomings, the OSCE must be given its due for applying these standards. Veshnykov cited the new “vector” in elections toward European-wide documents on standards in draft form in some twenty Central Election Commissions and that the adoption of the Code of Good Practice in Electoral Matters of the European Commission for Democracy through Law, also known as the Venice Commission, could be the source for a “Copenhagen II.” Interestingly he lamented the lack of a “binding character” to the existing commitments and felt that making them binding with sanctions for the failure could be useful to help develop common goals. The main complaint expressed was that each state should know precisely what has been agreed in such commitments: the current commitments are too vague, just a set of guidelines as opposed to standards, and thus have led to the development of double standards in both practice and election observation criteria. Jean-Pierre Kingsley, the Chief Electoral Officer of Canada, was the second keynote speaker. He addressed several issues of common concern, such as the role of the media, control of money, and public versus private concerns. He contrasted the fundamental tension as between egalitarians and libertarians. Three sessions were structured to address the key areas of ODIHR’s concerns to fulfill their Maastricht tasking: The OSCE/ODIHR 2003 Progress Report “Existing Commitments for Democratic Elections in OSCE Participating States”; implementation of existing OSCE commitments for democratic elections and follow up on OSCE/ODIHR recommendations; and, identification of possible areas for supplementing the existing OSCE commitments and potential need for additional commitments. Moderators of the sessions were Steven Wagenseil, First Deputy Director of the ODIHR and Patrick Merloe, Senior Associate and Director of Election Programs, National Democratic Institute for International Affairs. Introducers, who presented the core content of each session in their remarks, were: Mr. Merloe; Professor Christoph Grabenwarter, Substitute Member of the Council on Democratic Elections, Council of Europe; Pentii Väänänen, Deputy Secretary General, OSCE Parliamentary Assembly; Mr. Kingsley; Jessie Pilgrim, Legal Expert; and, Jeno Szep, Advisor, Association of Central and Eastern European Election Officials. The general thrust of each session was remarkably similar. It quickly became clear that there was a near consensus that while clarification of the details of a few of the existing commitments might be desirable, if not outright necessary, reopening the Copenhagen election commitments to debate was not necessary or desirable. Many delegations restated in various ways that those commitments, and those from all the other OSCE documents that have addressed elections, have created a body of obligations and guidance so fundamental and expansive that there is little new that can or ought to be added. Most interesting was the statement of the European Union that expressed the general opinion:  “If we really need to consider if new commitments are necessary, if so, where?” The European Commission addressed the issue, “We don’t need a Copenhagen II, but maybe a Copenhagen Plus.” However, a few speakers did mention specific areas of concern, and former Soviet states that are signatories to the aforementioned Declaration made comments of note. Mr. Merloe saw the possibility to enrich, reinforce and amplify the existing commitments might be forthcoming, possibly at Sofia. He reminded the meeting that those areas critical to all elections are: establishing public confidence in the electorate; establishing universal equal suffrage; transparency at all stages; and, accountability of all authorities. The opening statement from the U.S. Delegation reiterated these points, emphasizing that elections cannot be assessed solely by examining the technical aspects of voting, and transparency and accountability are absolutely essential components of democratic elections. Regarding the ODIHR election monitoring teams, the United States took the opportunity to underscore that: [T]he U.S. does not see ODIHR’s election monitoring efforts as “politicized,” but rather as objective and based upon standards set out in the OSCE commitments stipulated in the 1990 Copenhagen Document and the 1991 Moscow Document and reaffirmed in the Charter for European Security adopted at the Istanbul Summit.  Furthermore, the U.S. emphasized that ODIHR monitoring teams should not be seen as “interference in [a country’s] internal affairs,” but rather as an international resource, like the Election Assistance Commission that works domestically in the United States, which is available to countries that seek to improve public confidence in elections and uphold their OSCE commitments. NGOs from the Russian Federation, Belarus, Uzbekistan, Kyrgyzstan and Ukraine (note: all States that signed the CIS Declaration) uniformly complained that their governments fail to fulfill the existing OSCE commitments.  So why, they asked, would the OSCE need new commitments when governments fail to meet the existing ones? By contrast, the government representatives of Belarus, Uzbekistan, Tajikistan, Kazakhstan and Armenia (all signatories of the CIS Declaration) complained that the Copenhagen commitments were more like guidelines than standards.  Some said that the commitments should be obligatory instead of voluntary. Mr. Väänänen pointed out that often when returning to a country a few years after observing elections and providing recommendations for electoral improvements the same problems remain. The attitude of the state leadership and the nature of the problems found are the crux of the problem (numerous comments regarding the need for political will in follow up to observation missions’ recommendations were made throughout the meeting). Mr. Pilgrim discussed six issues of concern that need to be addressed. Public confidence is critical to the legitimacy of all elections. Electronic voting, which is becoming the norm, must produce a verifiable paper trail. Referenda or recounts must not be used to end or change a term of office as this practice is in direct conflict with the Copenhagen commitments. Observation is necessary to guarantee other criteria. Transparency includes public knowledge about the role of money, i.e. public disclosure of all funding and expenditures is necessary for public confidence. The protection of electoral rights – registration, party regulation, media access, etc. – while assumed, must be actively pursued. An extensive discussion regarding electronic voting was held. The distinction between voting on an electronic device, such as a touch-screen device, versus E-voting over the Internet was made by Dr. Szep. The need for the electronic device to produce an auditable paper trail seemed universally accepted as a basic standard for use of such systems. However, the German Delegation described the degree of public skepticism and lack of confidence in electronic devices, and “that is why we’re going to stay on paper.” The primary problem with E-voting seems to be the lack of public trust, but there is hope that in time, with the improvement of technology and security software, this will change. During the closing session, DeForest B. Soaries, Jr., Chairman of the U.S. Election Assistance Commission, expressed the general consensus of the meeting in the U.S. Delegation’s closing statement.  Reiterating that the United States remains as committed as ever to the OSCE commitments laid out in the 1990 Copenhagen Document and in subsequent OSCE documents, he made clear the openness of the United States to ideas on how the OSCE election commitments, and especially their implementation, can be improved. However, he said, there is no need to re-open the Copenhagen commitments as they provide the guidelines and benchmarks necessary to achieve democratic, free, and fair elections. Mr. Soaries pointed out that the OSCE does not yet have specific commitments related to the participation of internally displaced persons in electoral processes or concerning accountable, balanced, and impartial election administration, and a more systematic mechanism that might be considered for follow up to election observation missions’ recommendations. Interestingly, the comments from the representatives of countries associated with the Declaration were quite benign and agreeable at the end of the session, emphasizing the forward-looking nature of the meeting. Ambassador Strohal described the further steps in the process, noting that the ODIHR would be forthcoming with recommendations to the Permanent Council on any changes to the election standards and commitments in preparation for the Ministerial Meeting in Sofia in December.  The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Advancing Democracy in Albania

    Albania is expected to hold new parliamentary elections, and further reform is viewed as key to their success.  The country has faced tremendous challenges in its democratic development since emerging from harsh communist rule and self-imposed isolation in the early 1990s. Despite highly polarized politics and splits within the Socialist camp in particular, there has been renewed progress.  Albania, nevertheless, continues to face the difficult task, common to the region, of tackling organized crime and official corruption. The Albanian Government is making efforts, for example, to combat trafficking in persons, though it remains a source and a transit country for women and children who are sexually exploited or used as forced labor elsewhere in Europe.  Meanwhile, Albania has maintained strong bilateral ties with the United States and cooperated with the international response to past regional conflicts. The country is a strong supporter of the war on terrorism and works within the framework of the Adriatic Charter, a U.S. initiative that includes Macedonia and Croatia, in laying the groundwork for further European and Euro-Atlantic integration.

  • Commission Hearing Surveys Human Rights in Putin's Russia

    By John Finerty Staff Advisor The United States Helsinki Commission held a hearing on May 20, 2004 to review governance practices and human rights in the Russian Federation under President Vladimir Putin.  Witnesses focused on media independence, religious freedom, judicial procedures, xenophobia and anti-Semitism, and the war in Chechnya. Opening the hearing, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) expressed apprehension that President Putin was leading Russia in an authoritarian direction, increasingly reliant on Russia’s security apparatus and intelligence agencies to govern the country.  Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) also voiced his concerns, focusing on corruption in the Russian Government and abuses in the war in Chechnya. Deputy Assistant Secretary of State for European and Eurasian Affairs Steven Pifer stated that Russians enjoy freedom of travel and emigration, and an independent print media that engages in robust political debates; religious association and expression is generally free, and Russians have incorporated voting into their political practices. However, Pifer voiced concern with the Putin administration’s undue influence on judicial proceedings, state control or sway over the broadcast media, the pressuring of non-governmental organizations, anti-Semitism, abuses in the war in Chechnya, and the lack of a level electoral playing field for the political opposition. Ambassador Pifer cited the U.S. record of advocating democratization and human rights to the Russian leadership, while pursuing cooperation on mutual security interests such as the war on terrorism, arms control, counter-proliferation, and the resolution of regional conflicts. Gary Kasparov, former world chess champion and chairman of Committee 2008: Free Choice, presented a critical view of the Putin administration, lamenting the slide of the Russian Government into authoritarianism.  He described a variety of policies undertaken by the Putin administration that he viewed as backtracking from the democratic progress of the 1990s, including the curtailment of civil liberties and the flagrant abuse of human rights. Specifically, Kasparov described government influence over the broadcast media and manipulation of elections. The war in Chechnya had been sidelined as a topic of news discussion, he asserted, thus facilitating the concealment of wartime human rights abuses.  He also faulted the media for disregarding the ineptness of government responses to terrorist attacks. On elections, Kasparov characterized the December 2003 parliamentary polls as unfair, and predicted that President Putin would use parliamentary maneuvers to change the constitution and extend his term, perhaps indefinitely. Mr. Kasparov condemned Russian activities in the Chechen war and described how “hundreds of Chechens, if not thousands, are being interrogated, tortured and killed” by Russian soldiers. He called for the deployment of independent observers to monitor Russian behavior and promote observance of human rights.  As a final critique, Kasparov charged that Putin had stripped the judicial system of its independence and was using it to silence political opponents and critics, such as Mikhail Khordorkovsky and Igor Sutyagin. As for solutions, Kasparov highlighted his efforts to expose the corruption of the December 2003 elections through a lawsuit and public advocacy. He also urged the United States to use diplomatic means to leverage the Russian Government into democratic and civil liberties concessions. Edward Lozansky, president of Russia House and the American University in Moscow, offered a contrasting opinion, pointing to the successes of the Putin administration in taming the “oligarchs” and encouraging economic growth. He viewed state control of the broadcast media as less of a crisis, contending that free alternatives, such as print, electronic, and foreign media, provide the people with a variety of viewpoints. Ultimately, Dr. Lozansky argued, “President Putin enjoys overwhelming support of the Russian people” and that the Russian people “can freely express their opinions.” In closing, Lozansky suggested the United States should not undermine its relationship with Russia through unnecessary criticism, since bilateral cooperation between the nations remains essential in the war on terrorism, space exploration, energy, and the environment.  Engagement and dialogue, rather than condemnation, is paramount, he suggested. Reverend Igor Nikitin, president of the Association of Christian Churches in Russia, offered a mixed assessment of the status of religious liberty in Russia.  In northwest Russia and St. Petersburg particularly, religious tolerance is the norm.  In other regions, however, Protestant churches and other non-Orthodox denominations have experienced discrimination and bureaucratic malfeasance.  For instance, an unconstitutional requirement for churches to register their members – as opposed to merely the institution – is frequently enforced by local authorities, and a Moscow court has ordered the “liquidation” of the city’s community of Jehovah’s Witnesses.  Nikitin urged measures to educate Russian officials on the importance of religious freedom as a civil liberty. Nickolai Butkevich, Research and Advocacy Director of the Union of Councils for Jews in the Former Soviet Union, discussed the situation regarding xenophobia and the treatment of minorities in Russia. Mr. Butkevich noted that President Putin has made efforts at the national level to combat xenophobia, but that implementation of relevant directives is uneven at the local level. Some regions and cities have combated xenophobia and anti-Semitism, while other authorities have actively encouraged it. Mr. Butkevich described cases in Vladivostok, Voronezh, and other cities where individuals had been subject to abuse and local authorities reacted uncaringly or in collusion with perpetrators. In answer to a question posed by Chairman Smith on the disparity between the Russian Government’s public and international pronouncements that it will combat anti-Semitism and its failed implementation of such policies domestically, Butkevich blamed the disparity on a lack of prioritization by the central government.  Mr. Kasparov contended though that President Putin has done nothing to address anti-Semitism or quell xenophobia. Answering other questions on the attitudes of the United States and the West toward the Chechen situation, governmental corruption, and the judiciary, Dr. Lozansky replied that Russia is stabilizing under the pragmatic policies of President Putin and that the international community must engage the country on matters of mutual interest. The witnesses responded with divergent views as to whether Russia was moving toward autocracy.  While Kasparov made his case strongly that Russia was, Lozansky again insisted that it was not.  Mr. Butkevich suggested that Russia was “backsliding toward authoritarianism,” but that President Putin certainly retains popular support. Reverend Nikitin stressed that the next few years will determine whether Russia evolves toward civil and religious liberty or tsarist, oppressive governance reemerges. The United States Helsinki Commission, an independent agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission created in 1976, is composed of nine Senators, nine Representatives, and one official from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Colby Daughtry contributed to this article.

  • Report on The 2003 Presidential and Parliamentary Elections in Armenia

    In February and March 2003, Armenia held its fourth presidential election since independence. According to the official results, President Robert Kocharian won re-election in two rounds, defeating challenger Stepan Demirchian 67.4 percent to 33.5 percent. Despite the official tallies, Kocharian’s re-election was difficult. He failed to win over 50 percent of the vote in the February 19th first round, necessitating a runoff with Demirchian—the first time a sitting president in the Caucasus has been forced to a second round. The opposition organized large anti-Kocharian demonstrations in Yerevan before the first round. Some opposition leaders made threatening statements, warning, for example, of violence if Kocharian tried to rig the vote. Considering the opposition’s inability to rally around one candidate, Armenia’s record of poor elections and Kocharian’s hold on the state apparatus, his failure to win a first round victory was surprising. His agreement to participate in a runoff may have been a concession to widespread opposition sentiment and concern that claims of outright victory in an increasingly tense, polarized atmosphere might have led to major confrontations. Nevertheless, the authorities did not flinch during the second round. In the interim, some 200 opposition supporters were detained for participating in demonstrations. About 80 of them received prison terms, often in closed hearings without benefit of counsel. OSCE observers concluded that both rounds failed to meet international standards. State media displayed egregious favoritism towards the incumbent, on whose behalf state resources were used lavishly. Ballot stuffing, especially during the second round vote count, was rampant. The most positive feature of the elections was an unprecedented, live, televised debate between Kocharian and Demirchian before the second round. The election has cast a cloud on Kocharian’s legitimacy and deeply strained government-opposition relations. Armenia’s failure to hold a fair election has entrenched a pattern of vote fraud and has worrisome implications for the country’s democratization, as illustrated by the judgement of Kocharian’s powerful Defense Minister and campaign manager, Serzh Sarkissian: “People who have grown up and lived in Europe cannot understand our mentality. They have their rules and views on democracy, and we have ours.” Armenia’s Constitutional Court refused to annul Kocharian’s victory, but did cast doubt on his legitimacy by recommending a vote of confidence in the president. It was the first time a constitutional court in the former USSR did not routinely affirm official election results. Russia’s President Vladimir Putin was quick to congratulate Kocharian. Washington, however, echoed the OSCE/ODIHR view of the election. President Bush’s letter to Kocharian, sent after significant delay, did not contain the word “congratulations.”  A statement of the U.S. Delegation to the OSCE on May 29 expressed solidarity with the ODIHR assessment of Armenia’s parliamentary election: “The markedly mixed assessment of [the] elections is particularly disappointing considering the great progress Armenia has otherwise made over the past 11 years in building a modern society of which its people and government can be justly proud.” The United States called on Armenia to launch “swift action on the [ODIHR’s] recommendations” for electoral reform as “the best reaffirmation of the commitments that Armenia has made to the basic principles of democracy and fundamental human rights that OSCE represents.”

  • Georgia's "Rose Revolution"

    First, a “revolution” was possible in Georgia because during Eduard Shevardnadze’s tenure, opposition leaders, parties and society had developed leeway for action which did not exist elsewhere in the Caucasus, not to speak of Central Asia. Since the late 1980s, many parties and NGOs had emerged, as had relatively free media. Their freedom of maneuver and action, which translated into effective political influence, reflected Shevardnadze’s own relatively liberal attitudes, the weakness of the Georgian state— i.e., its inability to control and co-opt competing center of power and authority—and Georgians’ unruly national character. Moreover, international NGOs were deeply involved in Georgian events. Much press and analytical attention has been focused on the Open Society Institute of the Soros Foundation, which funded critically important groups like Georgia’s Liberty Institute, its leading human rights organization. Some Liberty Institute associates traveled to Serbia to study how Slobodan Milosevic had been ousted. Closely allied with 5 the Liberty Institute was the student movement Kmara [“Enough”], which mobilized opposition to vote fraud countrywide. These groups, urged on by opposition politicians, were determined not to let Shevardnadze and Georgia’s entrenched political groups steal the election. Second, the Georgian state, crippled by corruption, was extremely weak. The worst consequence of this weakness was that criminals and crooked officials did not worry about the possible penalties of breaking the law. But this weakness ultimately made possible November’s Rose Revolution by dissipating the state’s ability to resist better organized players. True, international organizations and foreign capitals were urging a peaceful resolution of the showdown and warning Shevardnadze—whom everyone expected to remain in office until 2005—that resorting to violence would end in disaster. But by November 2003, Shevardnadze could no longer command the state’s coercive apparatus; in the end, nobody was willing to act against crowds peacefully calling, first, for new elections and then for his resignation. Third, Georgia’s key opposition leaders were united. Unlike counterparts in Armenia and Azerbaijan, “Misha” Saakashvili, Zurab Zhvania and Nino Burjanadze were able to overcome their longstanding differences and competing ambitions to act together. While the latter two may have—as reported—trailed the former in his conviction that Shevardnadze had to go, they overcame their doubts and hung together until the final triumph. Saakashvili, for his part, has continued to collaborate with them after his inauguration and often restates his determination to keep doing so. Fourth, Georgia had Rustavi-2 TV, which powerfully shaped public opinion. In fact, the events in Georgia last November have demonstrated convincingly the power of independent—i.e., not state-controlled—television in former Soviet republics. It was a failed attempt by the state to pressure Rustavi-2 in November 2001 that produced the biggest public protest in Georgia before November 2003. At that time, thousands of demonstrators not only forced Shevardnadze to back down, he was compelled to dismiss his entire government. Not for nothing has the ruling elite in other former Soviet states contrived so consistently to keep TV in its own hands. If there is any downside to the influence Rustavi-2 wielded in Georgia, it is the strengthened conviction of repressive rulers elsewhere to prevent at all costs the emergence of analogous TV stations. Fifth, economic conditions in Georgia had been deteriorating for years, with no respite in sight. Over the last few years, residents of Baku and Yerevan have told Helsinki Commission staff that things were getting better, even if slightly, but in Tbilisi conditions had fallen steadily. A seemingly endless stream of winters without heat or electricity and little or no prospect of improvement sapped support for Shevardnadze. Desperate Georgians had concluded by November 2003 that almost anything was better than what they had, despite the uncertainties. Within Georgia, the Rose Revolution greatly accelerated the country’s scheduled political processes, resolving several fundamental problems and opening the door to new opportunities. In one stroke, a longanticipated political succession that was expected to feature a long winnowing process, tough negotiations and possibly violence among contending groups was eclipsed by a sustained manifestation of popular will. The Rose Revolution has had a major impact on the other countries of the former Soviet Union. First of all, it was an inspiring victory for democracy and even peaceful conflict resolution. While ruling elites have stolen elections throughout the former Soviet space, in Georgia a group of opposition leaders managed to unite and unify behind themselves large enough numbers of voters to thwart an attempted theft of the vote. No less important, they did so peacefully, settling the dispute between state and society without bloodshed. The Georgian events have created an important precedent and elsewhere have inspired frustrated opposition activists who followed Georgian events closely.

  • Activists Brief Commission on the War in Chechnya, Civil Society and Military Reform in Russia

    By John Finerty CSCE Staff Advisor The United States Helsinki Commission held a briefing entitled “The War in Chechnya and Russian Civil Society” on June 17, 2004 with representatives of one of the largest and most active nongovernmental organizations in Russia, the Union of Committees of Soldiers’ Mothers of Russia. Valentina Melnikova, National Director of CSM, and Natalia Zhukova, Chairwoman of the Nizhny Novgorod Committee of CSM, briefed the Commission on their efforts to publicize and protest human rights abuses in the Russian military and the current state of civil society in Russia. Helsinki Commission Senior Advisor Elizabeth B. Pryor opened the briefing, noting concerns that President Vladimir Putin’s verbal attacks on human rights organizations and their funding sources – delivered on May 26 during his annual State of the Federation address – may indicate future trouble for Russian NGOs perceived as politically hostile to the Kremlin. Ms. Zhukova described the work of her committee and addressed the impact of Putin’s recent comments on the committee’s activities.  The Nizhny Novgorod Committee is one of 300 such bodies under the umbrella of CSM, comprising approximately 30 volunteer workers and handling nearly 2,000 requests for assistance from parents and soldiers annually.  “The problem is that most [people] have simply no idea of what’s going on in their military…because television is censored,” she said. According to Zhukova, the Nizhny Novgorod Committee also provides assistance to approximately 700 deserters annually, precipitated by “beatings, harsh hazing on the part of officers and other soldiers, a criminal environment in the unit, lack of medical assistance, cases of extortion of money, [and] use of soldiers for slave labor.”   In cooperation with the Foundation for Civil Liberties, CSM provides mediation services with authorities and legal assistance to the military deserters and their families. The Committee also works to ensure social protection for veterans of the Chechen wars with disabilities, lobbying and leading demonstrations in support of adequate allowances for wounded soldiers, and the families of those killed in action. Regarding the recent condemnation of Russian NGOs by top military and administration officials, Ms. Zhukova noted, “I can’t say that we experience direct persecution.… But after the onslaught announced by the Minister of Defense and after the State of the Nation address by President Putin, we believe that we have to expect financial pressure.” President Putin’s May 26 address, in which he accused some NGOs of serving “dubious group and commercial interests” rather than those of the Russian people, has been “viewed by the local authorities as an order,” according to Ms. Zhukova.  Since Putin’s speech, she noted, the local governor has revoked the Committee’s discount on their office rent, resulting in a tenfold cost increase.  Moreover, local funding has been depleted because “local businessmen have been so intimidated by the onslaught against us by the Ministry of Defense and by President Putin that we cannot expect anything from them,” she said. Neither does CSM receive substantial financing from abroad, Zhukova maintains, “We serve the interests of millions of Russian soldiers and their parents, defending them from arbitrary rule and lawlessness of the authorities.” Ms. Melnikova addressed the effects of the Putin administration on Russian civil society.  The Russian people, she asserted, have been deprived of both political opposition and independent media since Putin came to power.  She listed “the closed nature of the Chechen war, lack of information, [and] direct deceit of the population by the authorities,” as the negative effects of his administration’s actions.  As a result of Putin’s policies, she said, “The war in Chechnya has ceased to exist as far as the Russian public is concerned.”  Through media controls and a vigorous propaganda campaign, she said, the Russian Government has led the people to believe “that what’s going on in Chechnya is a counterterrorist operation, that we are fighting Arab mercenaries and Al Qaeda units.”  “In reality, the Chechen problem has nothing to do with international terrorism or Islamic fundamentalism…. There is no trace of stabilization in Chechnya, and there are no attempts by the Russian authorities to strive for a peaceful resolution of the problem,” Melnikova stated. Portraying the Russian military as a “decrepit, poorly managed, federally-corrupted structure,” she described the same grim situation as Ms. Zhukova.  In Chechnya, she charged, Russian officers force young men to become military criminals.  If they return from service alive, they are often psychologically or physically disabled, and abandoned by the government that sent them to Chechnya. In answer to a question by Commission Chairman Rep. Christopher H. Smith (R-NJ) regarding the recently enacted Russian legislation on alternative military service, Melnikova called the alternative civil service law “inadequate.” She noted that it requires that soldiers serve terms double the length of ordinary military service, perform tasks that do not serve civil society, and often work hundreds of miles away from home.  The panelists requested that Chairman Smith raise such issues as the fate of a bill regarding civilian control of the armed forces, which has been introduced in the State Duma, and the possibility for a second amnesty for military deserters when he meets with the Speaker of the State Duma at the OSCE Parliamentary Assembly Annual Session in early July. Chairman Smith indicated that U.S. officials have, in past meetings with Russian leaders, raised concerns about violent hazing of military conscripts.  In response, Melnikova provided Smith with recent copies of “The News of the Committee of the Soldiers’ Mothers,” featuring vivid photographs of soldiers that had suffered serious injuries as a result of such hazing.  “Russian officers do not treat their soldiers as human beings,” she said, “therefore, everything goes on as before.” Regarding the international community’s response to the Chechen conflict, Melnikova claimed: “There is not enough pressure exerted on Mr. Putin. … Ten years of war have infuriated both the Russian military and the Chechens to such an extent that we don’t see any possibility of peaceful resolution....  But I think Russia’s partners simply have to exert pressure on Putin to make him make at least some tentative steps toward peace, maybe offer some intermediate negotiations, maybe seek some mediation efforts on the part of governments or nongovernmental organizations.  At least something has to be done.” Ms. Melnikova further criticized “the active connivance of the leaders of Western countries, including the United States” as one of the key reasons for the continued restriction of human rights in Russia.  She voiced concern that Washington leaders now believe “that the Russian people don’t need democracy…. That the West supports the anti-democratic policies of the Russian authorities is simply absurd,” she said. She concluded by stating that the CSM “advocates and conducts a social campaign for military reform, for abolition of conscription and for the [establishment] of a professional armed force,” as well as for peace in Chechnya and the expansion of civilian control over the military.  The CSM provides direct aid to more than 50,000 soldiers and their families annually. Finally, Melnikova argued that the “legal slavery, chaos, and corruption at all levels of the Russian military compromises not only Russian civil society but also the strategic objectives of Russia’s allies, including nonproliferation of weapons of mass destruction.  Absent democracy,” she said, “there can be no safe Russia.” Asked about recent attacks on nongovernmental organizations by Putin administration officials, Melnikova mentioned that Putin’s criticisms were preceded by comments by the Minister of Defense and Deputy Minister of Justice to the effect that NGOs were pursuing subversive or illegal activities.  Although she hopes that NGOs will not be targeted by the national authorities, she said that the arrest of Mikhail Khodorkovsky has tempered her optimism. Responding to questions about funding from Russian oligarchs, Melnikova stated, “Oligarchs dread to touch us [because] there is always a chance that the authorities can charge any businessman with any crime and throw him in prison, and they know it.” The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Christen Broecker contributed to this article.

  • OSCE Meeting Examines Hate Crimes and Racist, Xenophobic, and Anti-Semitic Internet Propaganda

      “I disapprove of what you say, but I will defend to the death your right to say it.” – Voltaire By Erika Schlager CSCE Counsel on International Law On June 16 and 17, 2004, the Organization for Security and Cooperation in Europe’s participating States met in Paris for a meeting on “the Relationship between Racist, Xenophobic and Anti-Semitic Propaganda on the Internet and Hate Crimes.”  The meeting was part of an OSCE focus this year on racism, xenophobia, discrimination, and anti-Semitism and, like two other special human dimension meetings scheduled for this year, was mandated by the OSCE Ministerial Meeting held Maastricht last December. Conferences on anti-Semitism (held in Berlin, April 28-29) and racism, discrimination and xenophobia (to be held in Brussels, September 13-14) are intended to build on high-level meetings already held last year in Vienna on those same subjects. The Paris meeting focused on a specific issue – the Internet - related to the overall topic.   The convocation of a special meeting on the relationship between racist, xenophobic and anti-Semitic propaganda on the Internet and hate crimes was the product of advocacy by non-governmental organizations such as IN@CH, the International Network Against Cyber Hate, and the leadership of the Government of France.  IN@CH had previously raised awareness of the problem of hate mongering on the Internet at the OSCE’s annual Human Dimension Implementation Meeting in 2002 and, at the 2003 Human Dimension Implementation Meeting, hosted a side-event on the subject.  Historically, the OSCE has been most effective when governments gain a sense of ownership of an issue and exercise leadership in moving it forward.  Non-governmental organizations typically play a critical role in identifying concrete human rights problems and bringing them to the attention of governments. The U.S. Delegation to the Paris meeting was jointly led by Ambassador Stephan M. Minikes, head of the U.S. Mission to the OSCE; R. Alexander Acosta, Assistant Attorney General for Civil Rights; and Dan Bryant, Assistant Attorney General for Legal Policy.  Markham Erickson, General Counsel from Net Coalition; Brian Marcus, Director of Internet Monitoring; Anti-Defamation League, and Ronald Rychlak, Professor of Law and Associate Dean, University of Mississippi Law School, joined the delegation as Public Members.  Other members of the delegation came from the Department of State, the Department of Justice, and the Helsinki Commission.  The United States Delegation engaged fully in the 2-day meeting, making presentations in all formal sessions and side events, holding bilateral meetings, and conducting consultations with non-governmental organizations.  Assistant Attorney General Dan Bryant was a keynote speaker. Although the meeting was mandated to examine the relationship between hate propaganda on the Internet and hate crimes, few participants actually discussed the nexus between these two phenomena.  For many participants, the existence of a cause-and-effect relationship was simply an article of faith or intuition, and did not lead to an exploration of the nature of that relationship.  As a consequence, the meeting made only a marginal contribution to an understanding of which populations might be most vulnerable to the influence of hate propaganda, whether hate propaganda on the Internet fosters some particular kinds of hate crimes more than others, or whether the effect of hate propaganda on the Internet plays a different role in fostering violent crimes than, for example, weak law enforcement or public officials who make or refuse to condemn racist, anti-Semitic or xenophobic remarks.  It is not clear whether web-based hate propaganda is related to spikes in hate crimes that have occurred in some countries in recent years, or why, as seems to be the case, some places with unfettered Internet access have relatively lower levels of hate crimes than other places with similarly unfettered Internet access. Nevertheless, participants did address a broad range of subjects related to hate propaganda, hate crimes and the Internet over the course of the two days.  Formal sessions focused on “Legislative Framework, Including Domestic and International Legislation Regarding Propaganda on the Internet and Hate Crimes,” “The Nature and Extent of the Relationship between Racist, Xenophobic and anti-Semitic Propaganda on the Internet and Hate Crimes,” “Public and Private Partnerships in the Fight Against Racism, Xenophobia and Anti-Semitism on the Internet – Best Practices,” and “Promoting Tolerance on and through the Internet – Best Practices to Educate Users and Heighten Public Awareness.”   Side events were held on “Guaranteeing Media Freedom on the Internet,” “‘The IN@CH Network’ - Dealing with Cyber Hate on a Daily Basis,” “Identifying Examples of Hate Speech: A BBC Monitoring Project,” “Filtering: Princip, the Solution that goes beyond Key Words,” “Satellite Television and Anti-Semitism: How to Combat the Dissemination in Europe of Racist and Anti-Semitic Propaganda through Satellite Television?” and “Promoting Awareness of Anti-Semitism in the European Classroom: Teacher Training, Curricula, and the Internet.” A number of speakers, including U.S. Government representatives, discussed the legal mechanisms for action that might be taken when hate propaganda rises to the level of a crime in and of itself, such as when the hate propaganda constitutes a threat or incitement to a criminal action.  Many speakers discussed the role of non-governmental organizations in monitoring and facilitating the removal of hate sites from the web when they violate the terms of agreements with their Internet service providers (ISPs).  Some participants described ways in which the pernicious effects of hate speech can be mitigated or countered.  For example, a Canadian non-governmental organization, Media Awareness Network, made a presentation on programs in Canadian schools designed to teach children to distinguish between hate propaganda sites and legitimate information sources.  Vividly illustrating the challenges and risks for those organizations which monitor and report on the activities of extremist hate groups, the offices of People Against Racism, a Slovak non-governmental organization that participated in Paris meeting, were burned out only weeks before the meeting opened. Although there was broad agreement on the goal of combating hate propaganda, some participants flagged concerns about the methods that might be used to that end.  For example, industry representatives provided some insight regarding difficulties faced due to the technological challenges of tracking, filtering, or blocking hate propaganda transmitted through the Internet, emails, or text messaging.  Some concepts of regulation, they argued, could not be effectively implemented given the state of current technology.  Asking ISPs to be responsible for screening all content on the web is not feasible, anymore than making telephone companies responsible for everything that gets said over the telephone. A few participants drew attention to factors other than hate propaganda on the Internet that may contribute to hate crimes.  A Russian non-governmental representative, for example, remarked that there was more anti-Semitism in the Russian State Duma than on Russian-language web sites.  And, illustrating the complexities of deciding exactly what constitutes hate propaganda, one non-governmental representative argued that evangelical Christian sites that reach out to Jews should be considered anti-Semitic.  Similarly, the Russian delegation identified the web sites of the Jehovah’s Witnesses and Hare Krishnas as “promoting hate doctrines.” Other concerns were voiced as well.  Some non-governmental groups suggested that ISPs were ill-suited to determine whether web sites constituted hate propaganda or not.  One described an ISP that removed an innocuous site devoted to English philosopher John Stuart Mill after that non-governmental organization – testing the bases upon which ISPs would act – urged the ISP to take down the allegedly racist site. Regulation of hate propaganda by ISPs, they concluded, lacked transparency and accountability. Some speakers warned that combating hate propaganda could be used as a pretense for sanctioning views disfavored by the regime.  The International League for Human Rights suggested that states with “weak democratic institutions and traditions” should not be entrusted with additional powers of control beyond those that already exist.  Indeed, some speakers argued there have already been instances where laws against incitement to racial hatred (or similar laws) have been misapplied for political or other purposes.  The ongoing fight against terrorism, they suggested, increases that danger.  In fact, only days after the Paris meeting concluded [June 22], the Paris-based watchdog Reporters without Borders released a report entitled “Internet Under Surveillance,” documenting repression of the Internet around the globe.  One of the U.S. recommendations made during the meeting was that the OSCE Representative on Freedom of the Media should examine whether hate speech laws are being enforced in a discriminatory or selective manner or misused to suppress political dissent.  The full texts of statements circulated at the Paris meeting by the United States and other participants are available through the OSCE’s Internet web site at http://www.osce.org/events/conferences/anti-racism. One of the sub-texts of the meeting was the putative “Atlantic Divide.” In the context of discussions of “cyber hate” and hate crimes, this phrase was used to describe the perceived gulf between the United States’ and Europe’s approaches to hate propaganda.  According to the adherents of the “Atlantic divide” theory, the United States is a free-speech Wild West, where speech has no limitations or legal consequences.  “Europe,” in contrast, is portrayed as a unified region speaking with one voice, populated by those who have wisely learned from the horrors of World War II that dangerous speech can and must be sanctioned and that governments are easily capable of performing this task and do so as a matter of course.  The “Atlantic Divide” perception was fostered by Robert Badinter, former French Minister of Justice and current president of the OSCE Court of Arbitration and Conciliation, who, in a keynote address, dramatically appealed to the United States to “stop hiding behind the first amendment.” Others, however, implicitly or explicitly rejected this overly simplistic image.  In the United States, a long chain of legal authority recognizes that the right to free speech and freedom of expression is not absolute.  As U.S. Public Member Robert Rychlak noted, “When speech crosses the line and becomes more than speech – when it presents a clear and present danger – the authorities must be prepared to step in and take legal action.  At that time, the speech may constitute an actual threat, true harassment, or be an incitement to imminent lawlessness.”  Department of Justice officials separately gave examples of numerous recent cases where individuals were prosecuted for sending email messages that rose to the level racially motivated threats.  While it is important not to over-read these or related cases – criminal sanctions based purely on one’s opinion remain prohibited – they should dispel the misimpression that there are no limitations whatsoever on speech or the consequences of speech in the United States. Conversely, the context of the meeting also provided an opportunity to reflect on the image of Europe as a continent uniformly bound in a single regulatory approach to hate speech.  In reality, the national laws relating to hate speech of individual European countries vary considerably; what constitutes prohibited speech in one country may be permitted in the next.  Moreover, both national courts and the European Court of Human Rights apply balancing tests to speech restrictions that, while not identical to balancing tests applied by U.S. courts, are not entirely dissimilar.  The Hungarian Constitutional Court, for example, in May 2004 held that a proposed hate speech law would violate the free speech provisions of the Hungarian Constitution.  Just before the opening of the Paris meeting, on June 13, the French Constitutional Council struck down parts of a new law governing communication over the Internet (adopted to implement a June 8, 2000, European Union directive on electronic commerce). The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce.

  • Helsinki Commission Briefing Sheds Light on Russia's Human Rights Situation

    By John Finerty CSCE Staff Advisor On June 7, 2004, the United States Helsinki Commission held a briefing with four prominent Russian human rights activists to examine the state of human rights and civil liberties in the Russian Federation.  Entitled “Russia: Are Rights in Retreat?,” the briefing covered such topics as elections, Chechnya, religious liberty, media freedom and the overall functioning of the legislative and judicial branches. The briefing was a follow up to the Commission’s May 20th hearing on “Human Rights in Putin’s Russia.” The briefing panel included Ludmilla Alexeeva, Chairwoman of the Moscow Helsinki Group and President of the International Helsinki Federation for Human Rights.  Other participants were Arseni Roginsky, Chairman of the International Memorial Society; Alexei Simonov, Head of the Glasnost Defense Fund; and Mara Polyakova, Director of the Independent Council for Legal Expertise. Commission Deputy Chief of Staff Ronald J. McNamara began the briefing with a moment of silence to honor the passing of President Ronald Reagan, a “stalwart supporter of freedom and human rights.” McNamara noted the timeliness of the briefing given Russian President Vladimir Putin’s U.S. visit to Sea Island, Georgia, for the G-8 Summit.  He stated that despite Putin’s claim that “nothing will stop Russia” in its quest for economic and democratic freedom, some of Putin’s comments in his State of the Federation address had raised concerns over the Kremlin’s commitment to promote civil society in Russia.  Putin’s accusations of NGOs seeking outside funding and not addressing serious issues were particularly troubling insofar as they may signal the beginning of a crackdown against NGOs in Russia.  Mr. McNamara also referenced the growing problem of “spy mania,” with potentially chilling implications for Russia’s academics and scientific community. Arseni Roginsky began his remarks by stating that the trend in Russia over the past few years has been marked by “the efforts of the powers-that-be to destroy the isolated islands of independence and democracy that still continue to exist in Russia.”  Specifically, Roginsky pointed to the new Russian law limiting public demonstrations and a new law on referenda.  In sentiments echoed by other panelists, he decried the emergence of “made-to-order” elections controlled almost exclusively by the Putin administration and moneyed interests. Ms. Alexeeva later reiterated the concern about the changes on referenda, noting that even if the requisite two million signatures can be garnered, under the new law she believes mid-level Russian bureaucrats will be able to stop indefinitely the progress of a referendum. While the Putin administration has been quick to point to the Russian Constitution and its promise of free speech, Roginsky and panelist Alexei Simonov both claimed that this de jure right does not exist in reality.  According to Simonov, while Russians may be legally entitled to say or print controversial statements, these sentiments are ignored by the powers-that-be. He contended that “[freedom of speech] means not only to shout out but to be heard.”  According to Simonov, there are only four independent-minded Russian magazines with a combined circulation of around 500,000. Smaller such newspapers exist as well, but the costs of protecting against defamation suits, which number more than 50 per month according to Simonov, make it increasingly hard for them to stay in business.  He also stated that most editorials in newspapers are written by what amount to essentially local bureaucrats; most newspapers rely on government or private funding, making them hardly free and independent.  Simonov estimates that only 10 to 15 percent of newspapers are self-sustaining. “Most of them take money from somewhere, and each has this special somewhere, but nobody wants to speak of these ‘somewheres,’” he concluded. Related to this issue is more direct government control over radio and television broadcasts which are the main source of information for most Russians. Ms. Alexeeva and other panelists asserted that “government-controlled media reported those campaigns [in 2003/2004] in an utterly biased way,” denying access to opposition candidates and giving the United Russia Party extensive coverage. Another common theme throughout the briefing was the lack of judicial independence or reform. Mr. Roginsky prefaced the topic by noting that “…the court system is under great influence of the nationalistic, patriotic ideology that is flourishing in Russia at this time.” He specifically spoke of a recent case involving four Russian soldiers who admitted to killing six Chechen civilians by mistake and then attempting to cover it up.  In Mr. Roginsky’s words, “The jury and the courts did state that indeed the murder had taken place; the people were killed. The people who were being tried were those who perpetrated the killing; however, they were not [found] guilty.” Mara Polyakova spoke extensively about judicial reform.  She admitted that new democratic laws are being passed which reflect democratic principles, but the mechanisms needed to implement these principles are often lacking or are thwarted.  She also stated that prisoners in Russia are tortured and that court records are still falsified.  “The judges are still dependent in spite of the fact that their independence was loudly proclaimed in the constitution and other laws, because the real power remains in the hands of the chairmen of the courts who are part of or prone to influence by the executive,” Polyakova said. Speaking specifically on the war in Chechnya, Roginsky described the large number of Chechen civilians abducted or kidnapped monthly, and the one-sided propaganda about the conflict emanating from the state-controlled media. However, Mr. Roginsky denied that the term “genocide” applies to the current Chechen situation (as opposed to the 1944 deportations), calling it instead state-sponsored terror.  In response to a question regarding cutbacks in U.S. assistance for democracy programs in Russia, Simonov said, “Americans do not quite correctly understand what is happening in Russia.  They seem to like the democratic record of the current Russian Government, and they seem to be taking this rhetoric as the truth.”  On a similar note, he later recommended that U.S. officials and international organizations should “never take at face value anything said by officials in Russia.” Mr. McNamara raised the religious freedom issue, specifically the labeling of non-Russian Orthodox groups as “non-traditional religions” and the court-ordered “liquidation” of the Jehovah’s Witnesses organization in Moscow, despite federal recognition.  Ms. Alexeeva responded by saying that it would appear the Russian Orthodox Church is striving to become a state religion as it once was.  The panelists were pessimistic about the chances of a successful appeal of the recent Moscow court decision against the Jehovah’s Witnesses, although Simonov suggested that any pressure from President Bush during the G-8 Summit might have an impact. Despite the comments of the panelists painting a fairly bleak picture of the state of civil and human rights in Russia, Ms. Alexeeva did caution that “if you look from the outside in, everything seems to be more frightening than when you are on the inside of that state. I don’t think the fascist system is being created in our country, and even less that it has already been created.” In closing the briefing, Mr. McNamara sought to put events in perspective by recalling that in November 1986 there were 700 known Soviet political prisoners and prisoners of conscience as well as tens of thousands of divided families in the U.S.S.R.  He noted that all of those prisoners had been released and many of those emigration cases resolved by January 19, 1989, President Reagan’s final day in office. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Nicholas Adams contributed to this article.

  • Uzbekistan: Stifled Democracy, Human Rights in Decline

    The hearing will examine democratization and human rights in Uzbekistan in light of the impending decision by the Department of State whether to certify Uzbekistan to continue receiving U.S. assistance. Uzbekistan, an OSCE participating State since 1992, has been closely cooperating with the United States in the campaign against international terrorism.  There is a U.S. military base in Uzbekistan and Washington has stepped up assistance significantly since 2001.  The agreement on Strategic Partnership and Cooperation was signed by President Bush and President Karimov in March 2002. However, Uzbekistan’s human rights record has remained poor, impeding the further development of U.S.-Uzbek relations.  Late last year, the State Department decertified Uzbekistan for aid under the Cooperative Threat Reduction Program because it had not made progress toward ending police torture and other abuses.

  • Uzbekistan: Stifled Democracy, Human Rights in Decline

    This hearing focused on the human rights and democratization process in Uzbekistan. Despite Uzbekistan’s signing of major agreements promising multi-party elections and other democratic reforms, Uzbekistan has not implemented policy that would move it in this direction.  The hearing looked into what measures the U.S. could take within the OSCE to speed the democratization process in Uzbekistan.

  • Unsolved Murder of Ukrainian Journalist Heorhiy Gongadze

    Mr. President, for nearly 4 years the case of murdered Ukrainian investigative journalist Heorhiy Gongadze has gone unsolved, despite repeated calls by the Helsinki Commission, the State Department, and the international community for a fair and impartial investigation into this case. As cochairman of the Helsinki Commission, I have met with Gongadze's widow and their young twin daughters. Besides the human tragedy of the case, the Gongadze murder is a case study of the Ukrainian authorities' utter contempt for the rule of law.   Gongadze, who was editor of the Ukrainian Internet news publication Ukrainska Pravda, which was critical of high-level corruption in Ukraine, disappeared in September 2000. His headless body was found in November of that year. That same month, audio recordings by a former member of the presidential security services surfaced that included excerpts of earlier conversations between Ukrainian President Kuchma and other senior officials discussing the desirability of Gongadze's elimination.   Earlier this week, Ukraine's Prosecutor General's office announced that Ihor Honcharov, a high-ranking police officer who claimed to have information on how Ministry of Internal Affairs officials carried out orders to abduct Gongadze, died of “spinal trauma” while in police custody last year. This came on the heels of an article in the British newspaper, The Independent, which obtained leaked confidential documents from Ukraine indicating repeated obstruction into the Gongadze case at the highest levels. Furthermore, just yesterday, Ukraine's Prosecutor General announced that investigators are questioning a suspect who has allegedly admitted to killing Gongadze.   Many close observers of the Ukrainian authorities' mishandling, obfuscation and evasiveness surrounding this case from the outset are suspicious with respect to this announcement. Just one of numerous examples of the Ukrainian authorities' obstruction of the case was the blocking of FBI experts from examining evidence gathered during the initial investigation in April 2002, after the Bureau had been invited by these authorities to advise and assist in the case and earlier had helped in identifying Gongadze's remains.   The Ukrainian parliament's committee investigating the murder has recommended criminal proceedings against President Kuchma. This committee's work has been thwarted at every turn over the course of the last several years by the top-ranking Ukrainian authorities.   A serious and credible investigation of this case is long overdue--one which brings to justice not only the perpetrators of this crime, but all those complicit in Gongadze's disappearance and murder, including President Kuchma.   Ukraine faces critically important presidential elections this October. Last month, I introduced a bipartisan resolution urging the Ukrainian Government to ensure a democratic, transparent and fair election process. Unfortunately, there have been serious problems in Ukraine's pre-election environment.   Ukraine can do much to demonstrate its commitment to democracy and the rule of law by conducting free and fair elections and fully and honestly investigating those who were behind the murder of Heorhiy Gongadze. The Ukrainian people deserve no less.  

  • The War in Chechnya and Russian Civil Society

    This briefing was held in light of recent verbal attacks by President Putin and other Russian officials on human rights organizations and their funding sources that raised concerns about the future of Russian NGOs that may be viewed by the government as politically hostile.  Regarding Moscow’s conduct of the war in Chechnya, the Commission recognized Russia’s right to defend its territorial integrity, but asserted that territorial integrity can be preserved without resorting to the brutal methods employed by some members of the Russian military and the pro-Moscow Chechnya militia. Valentina Melnikova, National Director of the Union of Committees of Soldiers’ Mothers of Russia and Natalia Zhukova, Chairperson of the Nizhny Novgorod Committee of Soldiers’ Mothers testified at this briefing. The “Committees of Soldiers’ Mothers” has become the largest NGO in Russia as an umbrella organization embracing nearly 300 groups and thousands of members. The Committees of Soldiers’ Mothers have opposed the Kremlin’s conduct of the war in Chechnya and have accused the Russian Government of consistently under-reporting the number of Russian military casualties in the conflict.

  • The Middle East: Would the Helsinki Process Apply?

    This hearing, presided over by Commissioner Chris Smith, discussed the prospect of having an OSCE-like organization that would apply to the Middle East. While Rep. Smith acknowledges the argument that a mechanism like the OSCE for the Middle East would not be appropriate, due to the fact that it is a different region, and, of course, such a thing would be agreed upon at a different time, there is an argument to be made that the substantial gulf between the Soviet Union and the U.S. and the gulf that exists among many Middle Eastern countries is are analogous. In fact, a provision of the bilateral treaty between Israel and Jordan envisioned the possibility of creation of a Helsinki-like framework for the Middle East. Issues, however, are likely to arise, such as: To what extent are leaders from the Middle East willing to take ownership of such a process? Is Islam compatible with democratic governance? Would such a process be comprehensive? Which countries would or should be involved?

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