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: 
  • Related content
  • Related content
Filter Topics Open Close
  • THE FATE OF THE PEOPLE OF BOSNIA-HERZEGOVINA - PART 3

    President of Intertect Relief and Reconstruction Corp, Frederick Cuny, and former special envoy of the UN High Commissioner for Refugees, José Maria Mendiluce, gave testimony in front of the U.S. Helsinki Commission in regards to the civilian populations of Bosnia-Herzegovina. In their testimony, each witness covered the humanitarian efforts on the ground and its effects on the civilian population, obstacles created by the mafia, and the effects of the Bosnian arms embargo. Also the Commissioners and witnesses discussed the different perspectives of sanction use- employ sanctions to deter the foreign government to follow a desired goal or that the use of such particular sanctions only adds fuel to the survival of the regime via nationalism.The hearing concludes with possible U.S. responses with findings and reports to support prospective actions.

  • THE FATE OF THE PEOPLE OF BOSNIA-HERZEGOVINA- PART 2

    President of Intertect Relief and Reconstruction Corp, Frederick Cuny, and former special envoy of the UN High Commissioner for Refugees, José Maria Mendiluce, gave testimony in front of the U.S. Helsinki Commission in regards to the civilian populations of Bosnia-Herzegovina. In their testimony, each witness covered the humanitarian efforts on the ground and its effects on the civilian population, obstacles created by the mafia, and the effects of the Bosnian arms embargo. Also the Commissioners and witnesses discussed the different perspectives of sanction use- employ sanctions to deter the foreign government to follow a desired goal or that the use of such particular sanctions only adds fuel to the survival of the regime via nationalism.

  • CSCE Implementation Meeting on Human Dimension Issues

    Against a backdrop of savage conflicts in Bosnia-Herzegovina, Nagorno Karabakh, and Georgia, attendant refugee crises throughout the region, and a wave of sometimes violent racism and xenophobia even in long-established European democracies, the participating states of the Conference on Security and Cooperation in Europe (CSCE) met in Warsaw, Poland in 1993 for the first biannual Implementation Meeting on Human Dimension Issues As specified by the 1992 Helsinki Document, the meeting included a thorough exchange of views on the implementation of Human Dimension commitments, consideration of ways and means of improving implementation, and an evaluation of the procedures for monitoring compliance with commitments. The dramatic unfolding over the course of the meeting of the showdown within the Russian government-- culminating in the shelling of the Russian Parliament building by government troops-- served as a sober reminder to participants of the vulnerability of democracy in transition and the importance of shoring up Human Dimension compliance.

  • Human Rights and Democratization in Bulgaria

    The Helsinki Commission's last comprehensive report on Bulgarian CSCE implementation was published in 1988. (The Commission also published a report in 1991 on the ethnic Turkish minority in Bulgaria). At that time, Bulgaria was in violation of many of its CSCE commitments. Its human rights record was among the worst of the Helsinki signatory states. Clearly, much has changed since then. Since the fall of communism in November 1989, Bulgaria has made impressive strides towards becoming a democratic state based on the rule of law. Bulgaria is experiencing a rare historical opportunity in which it can genuinely forge its own fate. Unshackled from the external Soviet empire of communist rule with which it had especially close links, Bulgaria is developing a democratic, rule of law state where the rights of all of its citizens are being met with greater respect. While Bulgaria faces considerable problems in its post-communist transition, and will continue to in the foreseeable future, it is doing much better than most of its Balkan neighbors. Moreover, it is exceeding the expectations of those who until recently viewed Bulgaria through the prism of being the Soviet Union's “16th republic” and the home of papal assassination plots and forcible assimilation campaigns. Despite its very real problems, Bulgaria is indicating that it is more tolerant, pluralistic, democratic and stable than many would have supposed.

  • The Yugoslavia Conflict: Potential for Spillover in the Balkans

    This hearing reviewed the potential for spillover in the Yugoslav conflict. In particular, the hearing examined the aggression in Bosnia- Herzegovina and the possible effects of this on its own ethnic communities and on those of neighboring countries. The economic decline that followed the disintegration of Yugoslavia provided additional hardships for the large refugee population in the region. The Commissioners examined how the U.S. should respond, and whether current policies, such as sanctions on Serbia and Montenegro, are effective.

  • Human Rights Policy Under the New Administration

    The purpose of this hearing was to examine the euphoria of the post-Cold War age in regards to the lack of confidence and political drive on how to promote commitments made in the Charter of Paris agreement. The hearing reviewed the actions made in the Balkans and Serbia’s continual territorial aggression and also developed democratic countries selectively applying human right policies. The Commissioners stressed the need for continual assistance to democratically developing countries, but to those countries that disrespect universal human rights should have additional pressures applied to change this behavior. The distinguished witnesses and Commissioners discussed ways in which the U.S. can help play a role in strengthening the United Nation’s ability to promote and protect human rights, as well as how the U.S. could use greater use of regional bodies similar the CSCE in conflict resolution.

  • U.S. Human Rights Policy: Joint Hearing with House Foreign Affairs Subcommitee on International Security, international Organizations and Human Rights

    This hearing examined the best ways to promote commitments made in the Charter of Paris agreement. The Commissioners and witnesses reviewed developments in the Balkans and Serbia’s continued territorial aggression.  They also discussed the practice of developed democratic countries selectively applying human right policies. The Commissioners stressed the need for continual assistance to democratically developing countries.  They also highlighted the need for additional pressures on  those countries that disrespect universal human rights to encourage them to change their behaviors.   The distinguished witnesses and Commissioners discussed ways in which the U.S. can strength the United Nation’s ability to promote and protect human rights, as well as how the U.S. can make greater use of regional bodies, like the CSCE, in conflict resolution.

  • The CSCE's High Commissioner for National Minorities

    The CSCE created the post of High Commissioner on National Minorities at its July 1992 summit meeting in Helsinki, in response to the emergence of minority-related unrest as one of the main sources of conflict in Europe. Originally proposed by the Netherlands, the proposal received wide support as an innovative approach to national minority problems unleashed by the disappearance of superpower confrontation in Europe. Some of the most innovative aspects of the original proposal for a High Commissioner were substantially watered down in response to individual state's concerns. The High Commissioner may not become involved where armed conflict has already broken out or in areas already under consideration by the CSO, unless the permission of the CSO is given. Communication with or response to communications from organizations or individuals who practice or publicly condone terrorism is prohibited, as is involvement in situations "involving organized acts of terrorism." Former Dutch Foreign Minister Max van der Stoel was appointed the first High Commissioner in December 1992; his office began to function in January 1993, with premises donated by the Dutch government and a staff of three diplomats seconded from the Dutch, Polish and Swedish foreign ministries.

  • Situations of Kurds in Iran, Iraq, and Turkey

    This briefing focused on the Kurdish minority, the fourth largest nationality in the Middle East primarily concentrated in the States of Iran, Iraq, and Turkey, a CSCE signatory state. The lack of institutional protection of human rights and individual freedoms that the Kurdish minority suffers from in each of these states was addressed. Additionally, the principles of territorial integrity, self-determination, and respect of human rights were explored in the context of the Middle East. Witnesses at the briefing – including Ahmet Turk, Chairman of the People’s Labor Party and Barham Salih, a Representative of the Iraqi Kurds – offered descriptions of the historical context and the political framework in which the issue of violations of the human rights of the Kurdish minority has arisen. Mr. Salih presented his personal experience as the evidence of the process of forced assimilation that Kurds were enduring in Turkey at the time.

  • U.S. Helsinki Commission Delegation to Romania, Macedonia, Kosovo, and Vienna

    The Commissions Delegation's visit to Romania, the first since April 1990, had two main objectives. The first was to assess, though meetings with a broad spectrum of non-governmental and official actors, Romania's current level of democratic and market reform. The second was in recognition of Romania's critical role in the effort to enforce U.N. sanctions against Serbia and Macedonia, and the broader political strategic role of Romania in the Balkans. The delegation also traveled to Macedonia to complete the itinerary of a visit to the area in November 1992, which had to be cut short because of inclement weather conditions. Indeed, the signs of the oncoming winter which the Commission saw at that time led it to raise concern over the deteriorating condition which Macedonia and the tens of thousands of Bosnian refugees residing there faced. The April 1993 visit afforded a useful opportunity to see firsthand the extent to which the country had satisfactorily coped with these deteriorating conditions and the prospects generally for the stability and democratization of an independent Macedonia. The delegation then visited Kosovo to observe firsthand the volatile situation there. The situation is a matter of considerable international concern given the chances for the war in nearby Bosnia-Herzegovina to have a spillover effect in which the tension exist between the Serbian authorities and th majority Albanian population could erupt into violence, either by intent or by spontaneous incident. The delegation wanted to hear the views of the authorities as well as of the leaders of the Albanian community, and to raise its concerns, particularly to the authorities regarding human rights. Finally, the delegation wanted to learn about the activities of the CSCE mission of Long-Duration based in Kosovo to monitor developments in the area and to ease tension in society. The delegation finished its trip in Vienna, Austria to meet with the U.S. delegation to the CSCE. Vienna is becoming the CSCE's operational center, with the Conflict Prevention Center, which provided logistical support to the missions as well as the ongoing arms control and security forum, the Forum on Security Cooperation (FSC), and regular meeting of the participating States.  

  • The Countries of Central Asia: Problems in the Transition to Independence and the Implications

    This was the first Helsinki Commission hearing held on the Central Asian republics. The Commissioners and witnesses discussed five countries' transitions to independence, which were  complicated by the presence of repressive regimes that maintained the old Soviet-style order and economic turmoil. Chairman DeConcini opened the hearing by noting that the presidents of four out of the five new Central Asian countries were former first secretaries of the Communist Party. Dr. Martha Olcott, professor of political science at Colgate University, expressed concern over the rise of extremist ideologies of nationalism and Islam in the region, which were fuelled by economic stagnation. Firuz Kazemzadeh, professor emeritus as Yale University, argued instead that the dominant threat in the region came from the projection of Russian influence. This was corroborated by Micah Naftalin, director of the Union Council for Soviet Jews, who detailed the KGB's role in silencing the press and repressing opposition in Turkmenistan, and the growth and diffusion of anti-semitism from Russia into Central Asia. A final testimony was offered by Adbumannob Pulatov, chairman of the Uzbekistan Society for Human Rights. Pulatov decried the lack of press freedom in Uzbekistan and urged Congress to continue its monetary support of Radio Liberty. In the end, all four witnesses cautioned that human rights concerns often take a back seat to other issues, and that doing so could jeopardize progress in the field.

  • War Crimes in the Former Yugoslavia

    This hearing focused on the ongoing conflict in the former Yugoslavia and the international community’s commitment to prosecuting those guilty of war crimes and providing humanitarian relief. In particular, the hearing looked into systemic rape and forced impregnation in the former Yugoslavia. The hearing also largely focused on what measures the U.S. should adopt to assist communities and women affected by gender violence from the conflict. In addition, the Commissioners and witnesses discussed measures to prosecute individuals guilty of war crimes and how to address the refugee crisis.

  • The Crisis In Bosnia-Herzegovina

    Sen. Dennis DeConcini presided over this hearing that was held with the state of violence in Bosnia-Herzegovina in mind. The unfortunate former Yugoslavian country had just emerged from a bloody internecine conflict, which resulted in thousands of refugees. The purpose of this hearing was to discuss post-conflict negotiations, and yet, unfortunately, violence started again and escalated after the civil war earlier in the 1990s. The Commissioners, then, asked how the U.S., UN, European Community, and other individual actors, which had been criticized for inaction regarding the crisis, should respond.

  • War Crimes and the Humanitarian Crisis in the Former Yugoslavia

    This hearing focused on the conflicts in the former Yugoslavia and the international community’s commitment to prosecuting those guilty of war crimes. Confidence and security building measures, in relation to the territorial integrity of Bosnia-Herzegovina were discussed, as well as the stability of the multi-ethnic layering of the newly formed countries. The hearing also focused on possible U.S. measures to improve regional stability and to relocate displaced persons. Such measures included disbanding the arms embargo on Bosnia and improving economic conditions for the millions affected by the conflict.

  • Report: Beyond the CSCE's Institutional Development

    Although some early proposals conceived of the Conference on Security and Cooperation in Europe as an international institution with headquarters, secretariat, and treaty, the CSCE emerged from Helsinki in 1975 as an, amorphous process, moving from conference to conference with no fixed address or schedule. For fifteen years, its reView conferences and experts meetings succeeded in focusing, attention on a range of inter-related problems ftom human rights to the environment to threatening military maneuvers, operating, oa the principle that these and other elements, of security could not, be treated separately. However, the end of the bipolar security "system'' that had characterized the Europe in which CSCE was created led many of its participants to look to the CSCE as a , new over-arching "system" within which its members could improve both their security and cooperation. As such, they pleaded for more structure and permanence for its activities, as well as a larger role for it in addressing the challenges of the time. The Paris Summit of November 1990 endowed the CSCE with its first permanent institutions:, the CSCE Secretariat, Conflict Prevention Center, and Office of Free Elections, later expanded to the Office for Democratic Institutions and Human Rights. These three institutions, minimally funded and staffed, were created to give the CSCE process some visible permanence and to assist the regular political consultations set up at the same time. The consultations process envisioned meetings of CSCE heads of state or government every two years; foreign minsters annually, plus possible meetings of other ministers; and senior officials three to four times per year. The CSCE Secretariat was set up in Prague to organize these meetings; the Conflict Prevention Center in Vienna to give institutional support to risk reduction efforts; and the Office of Free Elections in Warsaw to assist the transition to democracy across the continent. In April 1991, parliamentarians from the participating States took up proposals from the summit and formed a CSCE Parliamentary Assembly, to meet once a year to further security and cooperation in Europe, reviewing CSCE implementation and activities.

  • Report: the U.S. Helsinki Commission Delegation to Hungary, Greece, Macedonia and Croatia (Nov. 11-17,1992)

    Budapest, Hungary, was the first stop of the Helsinki Commission delegation led by Commission CoChairman Senator Dennis DeConcini to Hungary, Greece, Macedonia, and Croatia. While in Hungary, the delegation planned to discuss a variety of domestic, bilateral, and regional issues with President Arpad Goncz, Prime Minister Jozsef Antall, and other high-level Hungarian officials. Chief among them were questions regarding the ongoing crisis in the former Yugoslavia; the delegation hoped to gain perspective on the regional ramifications of the crisis, and to learn more about Hungary's needs, concerns, and recommendations. Also critical was discussion of the specter of anti-Semitism and intolerance in Hungary, as manifested by the outspoken Vice President of the ruling Hungarian Democratic Forum Istvan Csurka; the delegation wished to express its strong condemnation of Csurka's divisive and exclusivist version of nationalism. Hungary's relations with the soon-to-be-independent Slovakia were also on the agenda, as well as the ongoing controversy over the Gabcikovo-Nagymoros Dam. The Commission delegation travelled to Macedonia to meet with government leaders and private citizens, including representatives of ethnic communities, with the goal of discussing questions related to Macedonia's recognition by the international community, and to observe the economic, political and social impact of the denial of that recognition to date. The delegation also wanted to examine the possibilities for violence and conflict in Macedonia due to the ongoing conflict in nearby Bosnia-Herzegovina and repression in neighboring Kosovo, and to hear Macedonian insights on this conflict and repression. Related to all the above, and central to the Commission delegation's concerns, was the degree of democratic development in Macedonia, especially in regard to respect for human rights and fundamental freedoms. The delegation travelled to Macedonia via Thessaloniki, Greece. Taking advantage of this transit, a further objective of the delegation was to hear the views of Greek officials on issues related to Macedonia, and the violent disintegration of Yugoslavia in general. Finally, the Commission delegation wished to visit refugees from the conflict in Bosnia-Herzegovina to gain information on the circumstances leading to their presence in Macedonia, as well as to observe the quality of their treatment as refugees in that country. The Commission delegation's main interest in travelling to Croatia was to examine the situation for Bosnian refugees residing there as winter approached and to hear their reports of what was happening in BosniaHerzegovina. More generally, the delegation wanted to obtain a more detailed picture of the situation in the region as a whole as the fighting raged on. This included developments within Croatia itself, such as the situation regarding displaced persons and in the United Nations Protected Areas, as well as Croatia's role in the Bosnian conflict. Finally, the delegation had an interest in seeing the newly created U.S. Mobile Army Surgical Hospital (MASH) unit at Pleso Airport outside Zagreb.    

  • Helsinki Document: The Challenges of Change

    The Heads of State or Government of the States participating in the Conference on Security and Co-operation in Europe returned to the birthplace of the Helsinki process, to give new impetus to our common endeavor through the Helsinki Summit Declaration. 

  • Report: Northern Ireland: Codel DeConcini Trip Report

    The Helsinki Commission was urged by several non-governmental organizations (NGOs) to make a contribution to the public debate on Northern Ireland. Human rights reports by well-respected NGOs such as Amnesty International and Helsinki Watch have documented persistent human rights abuses by security and paramilitary forces. Serious questions have been raised about the administration of justice as well. And to this day, issues of social and economic justice dominate the political dialogue between the two communities of Northern Ireland. Prior to its visit, the Commission was warned that, given its complex realities and historic passions, Northern Ireland often defies understanding. Nevertheless, the delegation, which in. addition to Senator DeConcini, included Commission Deputy Staff Directors Jane Fisher and Mary Sue Hafner, as well as, Mary Hawkins of Senator DeConcini's personal staff, came away with a better perception of what drives this conflict. The delegation began its fact-finding trip on the premise that any evaluation of the situation in Northern Ireland must consider not only traditional human rights violations, bu he erosion of a democratic system by terrorist activity. Indeed, the delegation viewed errorist acts by paramilitary forces from both communities as one of the worst recurring auses of human rights violations. At the same time, the delegation agreed the root causes of that terrorism should also be examined. As local religious leaders admonished, "an valuation of Northern Ireland based upon CSCE standards and principles must addres he dangers it confronts.'' This view reflected the competing interests that challening Northern Ireland today: on the one hand, efforts by one of the world's oldest democracies to promote and protect human rights and the rule of law; on the other, the need to combat a vicious terrorist movement that has taken thousands of lives.

  • Parliamentary and Presidential Elections in an Independent Croatia

    On August 2, 1992, Croatia held elections for the position of President of the Republic as well as for seats in the House of Representatives, one of two chambers in Croatia's "Sabor," or Assembly. These were the second multi-party elections in Croatia since 1990, when alternative political parties first competed for power. They were, however, the first since Croatia proclaimed itself an independent state in 1991, and achieved international recognition as such in 1992, following the violent disintegration of Yugoslavia. Incumbent Franjo Tudjman easily won a first-round victory among a field of eight presidential candidates. His party, the ruling Croatian Democratic Union (HDZ), also won just over half of the parliamentary seats allocated in proportion to votes for the lists of 17 parties, and a very large number of the seats designated for particular electoral districts. This result allows the HDZ to form a new government alone rather than in coalition with other parties. A shift to the far right, which many feared, did not materialize. Despite a number of open questions, the election results likely reflect the legitimate choice of Croatia's voting population. At the same time, the elections demonstrated disappointingly little democratic progress in Croatia since 1990. Detracting most from the elections was the lack of serious effort by the authorities to instill confidence in the electoral system, followed by the perceived political motivation in scheduling them in August. The elections also revealed some shortcomings on the part of the opposition, including a lack of coordinated effort to ensure that they were conducted freely and fairly. Croatia has a western-oriented, well educated and sophisticated society which provide a basis for democratic government. Decades of communist rule and a fierce nationalism linked to Croatia's search for independence have, at the same time, unleashed societal trends contrary to democratic development. The context in which these elections took place was also complicated by the conflict in Croatia that began in earnest in July 1991 as militants among the alienated ethnic-Serb population of Croatia, with the encouragement of the Serbian leadership in Belgrade and the help of the Yugoslav military, demonstrated violently their opposition to the republic's independence. After severe human casualties, population displacement and destruction, the conflict generally ended in January 1992 with a U.N. negotiated ceasefire that included the deployment of U.N. protection forces on much of Croatia's territory A new constitution and growing stability argued for holding new elections. Despite opposition complaints that August was not an appropriate time for elections, President Tudjman scheduled them with the likely calculation that his party stood its best chances in a quick election before growing economic hardship and pressure for genuine democratization replaced the joys of independence and renewed peace. During the campaign period, 29 political parties fielded candidates. They faced no major difficulties in organizing rallies and distributing their literature to the public. At the same time, the Croatian media was only moderately free, with television and radio broadcasts much less so than newspapers and journals. Only toward the end of the campaign did the media seem to open up fully The stated objective in organizing the elections was to be fair and impartial to all contending parties. At the same time, the electoral procedures were not as fully satisfactory as they easily could have been, raising suspicions of an intent to manipulate the results. However, opposition political parties considered the process sufficiently fair for them to compete. They also had the opportunity to have observers present at polling stations and election commissions on election day. According to a constitutional law on the matter, Croatia's national minorities enjoy certain rights regarding their representation in governmental bodies. Ethnic Serbs, the only large minority with some 12 percent of the population, were guaranteed a greater number of seats in the new Sabor than all other minorities combined, but, unlike the smaller minorities, no elections were held in which ethnic Serbs alone could chose their representatives. This was viewed as discriminatory treatment of the Serbian minority, despite apparently small Serbian participation in the elections. Balloting on election day was orderly, despite the enormous complications caused by the conflict and questions of citizenship and voter eligibility in a newly independent country. There were few complaints in regard to the way in which the voting and counting were carried out, although several isolated problems were reported and the security of ballots cast by voters abroad was a constant concern. Despite these faults, holding elections might well have been a watershed for Croatia. Problems in that country's democratic development were given closer scrutiny, and public concerns can now shift from the recent past to future prospects. The winners could view their easy win as a mandate for continuing current policies, largely viewed as nationalistic and insufficiently democratic. However, the far right's poor performance could lessen pressure on the HDZ to show its nationalist colors and permit greater democratic development. The behavior of HDZ leaders to date favors the status quo in the short run, but domestic and international pressure could both encourage more significant democratic reform than has been seen thus far.

  • The Helsinki Follow-Up Meeting of the Conference on Security and Cooperation on Europe

    The end of the Cold War posed new challenges to the CSCE, with increasing intensities of ethnic conflict raging around the Yugoslav region. The European Community was struggling with uncertainty under a less-than-effective presidency, and a questionable state of unity following the Danish rejection of the Maastricht Treaty; thus, a need was felt for a US presence in Europe. This record of the Helsinki Follow-Up meeting in 1992 shows that the even reaffirmed, but did not complete, the CSCE's transition from process to structure. The network of CSCE bodies and work methods described in the beginning sections of the Helsinki Decisions was greatly developed and clarified from its Paris genesis. Some effort was also made to integrate existing structures and past practices. Notably, the CSCE took as its central concept for the future the US-proposed theme "managing change." While the United States put this forward as a response to percieved European negativism and tendancy to paint the future in apocalyptic colors, requiring only conflict-orientated responses, it was also telling that the United States and others were ready to see the CSCE as a key instrument for the management of inevitable change, rather than looking past the CSCE in efforts to maintain the status quo.

Pages