Title

Title

Articles

The Helsinki Commission regularly publishes feature articles about Commission initiatives, OSCE meetings, developments relating to the Helsinki Final Act taking place in OSCE participating States, and more.

  • Related content
  • Related content
Filter Topics Open Close
  • Report on the UN Committee on the Elimination of Racial Discrimination Review of the US and Seventh Annual Meeting of the UN Working Group on People of African Descent

    By Mischa E. Thompson, Policy Advisor Moving into the 21st century, racism and discrimination continue to be a problem throughout the fifty-six European, North American, and Central Asian countries that make up the Organization for Security and Cooperation in Europe (OSCE), including in the United States. Recent reports by the OSCE, European Union’s Fundamental Rights Agency (2008, 2007), and European Network Against Racism have found that racial minorities and increasingly migrants are the targets of hate crimes and racial/ethnic profiling, in addition to experiencing discrimination in employment, housing, education, and other areas. Political parties espousing anti-migrant and racist positions are also on the rise, with the potential to undermine current efforts to implement tolerance and nondiscrimination initiatives throughout the region. Efforts to address these problems over the years have resulted in the development of multi-lateral instruments to stem the tide of racial discrimination. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is often considered a premier international instrument in this area. Adopted by the United Nations in 1965 and entering force in 1969, over 173 countries including the United States, have agreed to have their government policies reviewed to determine if they create or perpetuate racial discrimination. ICERD defines racial discrimination as “any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.” According to the treaty, countries are required to amend or repeal laws and regulations deemed to be discriminatory and are allowed to introduce positive measures such as affirmative action when necessary. As such, countries are obligated to protect against inequality and discrimination in the enjoyment of human rights, including in the areas of education, housing, criminal justice, health, voting, labor, etc. While the 1975 Helsinki Final Act requires its members to respect human rights and fundamental freedoms “without distinction as to race, sex, language or religion,” no review mechanism comparable to the ICERD currently exists within the OSCE. In recent years, the OSCE participating States have urged ratification of the ICERD (e.g., Copenhagen 1990, Helsinki 1992, Maastricht 2003), adopted complimentary initiatives such as the Annual Hate Crimes Report, and conducted consultations and other activities within the United Nations on relevant initiatives. The ICERD and its implementing committee, the Committee on the Elimination of Racial Discrimination (CERD), therefore continue to remain a primary resource in outlining and determining the success of OSCE countries’ efforts to eliminate racial discrimination. For this reason, the 2008 CERD review of the United States and the status of U.S. efforts to combat racial discrimination were widely followed. From February 18 to March 7, 2008 the Committee on the Elimination of Racial Discrimination (CERD) held its seventy-second session in Geneva, Switzerland. The Committee of eighteen independent experts, including a U.S. representative, is charged with periodically reviewing the performance of the 173 countries that have signed and ratified ICERD. During the seventy-second session, the Committee reviewed anti-discrimination efforts undertaken by the Governments of the United States, Fiji, Italy, Belgium, Nicaragua, Moldova, and the Dominican Republic. The United States appeared before the Committee on February 22 and 23 after having submitted a report in April 2007 on its efforts to eliminate racial discrimination after last appearing before the Committee in 2001. Over four hundred U.S. non-government organizations (NGOs) also compiled and submitted a “Shadow Report” to the Committee, which provided supplementary independent information in addition to the government perspective. Twenty-three persons made up the diverse high-level U.S. delegation, headed by Ambassador Warren Tichenor, Permanent Representative of the United States to the United Nations in Geneva. The delegation also included: Grace Chung Becker, Acting Assistant Attorney General in the Civil Rights Division of the Department of Justice, and Ralph Boyd, a former member of the U.N. Committee. Other members of the delegation were from the Departments of Interior, Justice, State, Homeland Security, and Equal Employment Opportunity Commission. For the first time more than one hundred U.S. NGO representatives also attended the session as a “shadow” delegation. The review began with the United States noting the continuing problem and challenges of combating racial discrimination, but disagreeing with the Committee’s views on causes and solutions. Ambassador Tichenor stated that, “the United States supported the elimination of racial discrimination at home and abroad [...] and had made significant progress in improving race relations in the past [and] continued to work actively to eliminate racial and ethnic discrimination. However, challenges still existed, and a great deal of work remained to be done.” The United States then went on to argue that the causes of continuing racial disparities were poverty and other socio-economic variables, including poor choices made by minorities and discriminatory actions by non-state actors, as opposed to institutionalized practices stemming from past unjust government policies (e.g., slavery, segregation). The United States further argued that it should not bare the primary responsibility for addressing racial disparities because it was not solely responsible for creating the current situation. To bolster this argument, the United States also argued that the Committee’s interpretation of the intent of the ICERD was incorrect in terms of the government needing to play the lead role in combating racial discrimination and disparities. (Find excerpts from the U.S. statements at the end of this report.) This line of argument caused the Committee to question whether the United States still possessed the political will to comply with its ICERD commitments. Indeed, much of the proceedings involved Committee members reiterating the commitments ICERD countries have undertaken as signatories, including augmenting laws and regulations which “have the effect of creating or perpetuating racial discrimination wherever it exists.” Confusion was expressed as to why the U.S. government had supported efforts to end affirmative action in schools, while simultaneously highlighting the existence of racial disparities in all sectors of U.S. society. Further puzzlement was displayed as to why the United States was arguing against playing a lead role in combating discrimination, while at the same time introducing widely acclaimed new initiatives to combat discrimination such as the US Equal Employment Opportunity Commission’s E-RACE Initiative and National Partnership for Action to End Health Disparities. The Committee also questioned the status of and anticipated plans for other U.S. efforts to address de facto discrimination, manifested by racial profiling, lack of equal access to quality housing, healthcare, and education, the failure to preserve Native American land rights and return Hurricane Katrina victims to their homes. Committee members also expressed disappointment in the United States. Several Committee members noted that they viewed the U.S. civil rights movement and resulting policies to address past inequities such as affirmative action, as models for policies they were considering and/or using in their own countries to address human rights concerns stemming from inequities and historical injustices. In some cases, these policies were developed following consultations with the U.S. government. Indeed, the Colombian Committee member remarked that he had participated in a visit to the United States as part of an Afro-Colombian delegation invited to view U.S. programs to combat racial discrimination. Members of the Committee also requested that the United States participate in the 2009 Durban Review Conference, a follow-up to the 2001 World Conference against Racism, as a means for continuing the conversation on eliminating racial discrimination. The United States responded that it had withdrawn negotiators from the first Durban Conference “because of pervasive anti-Semitism in its discussions” and would make a decision regarding participation at a later date. A summary of the U.S. Review before the Committee and Concluding Observations of the Committee included recommendations to the United States in areas ranging from affirmative action and immigration to voter disenfranchisement and the rights of Native Americans and tribal peoples. This includes a request for an interim report due in February 2009 on how the United States has implemented the Committee’s recommendations regarding: 1) racial profiling and counterterrorism efforts impacting Arab, Muslim, South Asian and others, 2) protecting Western Shoshone lands, 3) efforts to return displaced Hurricane Katrina victims, 4) decreasing minority youth imprisonment rates, and 5) organizing training programs and other initiatives to make government officials and parties at the state and local levels aware of U.S. responsibilities under the ICERD. This last point was repeatedly raised by the civil society shadow delegation. In particular they were concerned by “U.S. exceptionalism” – or the perception that United States tells other nations to abide by international human rights laws, but refuses to comply with those laws itself. The Committee also called for greater consultation and cooperation between the U.S. government and civil society in preparation of its next report due in November 2011 following concerns that civil society was not sufficiently consulted during the drafting of the 2007 report. Also, of relevance in addressing global efforts to eradicate racial discrimination was the seventh annual meeting of the United Nations Working Group on People of African Descent (WGPAD). Formed in April 2002, the Working Group studies and proposes solutions to the problems of racial discrimination faced by people of African descent living in the Diaspora, with a focus on improving their human rights situation. The Working Group met for its seventh Annual Session on January 14 to 18th, where it reviewed its proceedings of the past seven years on thematic issues that impact the experiences of persons of African descent in the following areas: administration of justice, media, equal access to quality education, employment, health, housing, participation in political, economic, and social sectors, racial profiling, and the empowerment of women of African descent. The WGPAD seventh Annual Session focused on the development of recommendations based upon these past sessions as a UN requirement in preparation for the 2009 Durban Review Conference. The United States participated as an Observer at the meeting. The Final Recommendations included calls for countries to: develop and/or adopt national action plans and monitoring bodies to combat racism and assist victims, address racial profiling and other disparities in the criminal justice system, introduce socio-economic data collection methods that include African descendants, counter negative media stereotypes, develop a best practices report and index on racial equality, and create a fund to support NGO participation in future WGPAD activities and meetings. The next WGPAD meeting is scheduled for January 12-14th and will focus on youth. Within the OSCE context, the WGPAD holds special importance as the only multilateral entity focused on the human rights situation of the more than five million persons that make up the African descendant or Black European population. In recent years, partially as a result of their high visibility in European countries, Blacks have increasingly become the targets of hate crimes and experienced discrimination in education, employment, housing, and other sectors. Additionally, Blacks are often the targets of anti-immigrant campaigns, including racial profiling, regardless of their citizenship (see also U.S. Helsinki Commission Hearing The State of (In)visible Black Europe: Race, Rights, and Politics). Initiatives such as the CERD and WGPAD have been critical to maintaining a global focus on countries’ efforts to monitor and combat racial discrimination in line with their human rights commitments. Additionally, they complement OSCE efforts in this area such as this year’s OSCE Supplementary Meetings in Vienna on Roma and national institutions to fight discrimination against minorities and migrants. Because of the role promoting equality and non-discrimination plays in the protection of human rights and ensuring peace and security in the OSCE region, the U.S. Helsinki Commission has also increased its focus in this area.

  • Georgia Rebuilds: After the August Conflict with Russia, Political and Economic Challenges Remain

    By Shelly Han, Winsome Packer, and Kyle Parker From October 14-18, Commission staff traveled to Georgia to assess recovery efforts following the conflict with Russia in early August. Through a series of meetings with Georgian officials, the Organization for Security and Cooperation in Europe, the European Union, the U.S. embassy, as well as private companies, Georgian citizens, human rights groups, local and foreign analysts, and non-governmental organizations, the staff learned that tremendous progress has been made in restoring critical infrastructure and returning many internally displaced persons to their homes. However, the political and economic situation in Georgia remains fragile. While the origins of the conflict that began on August 7 are still being debated, what is clear is the tremendous cost politically, economically and socially to Georgia. Human Rights Watch, one of the few NGOs that gained access to South Ossetia immediately after the conflict, estimates that 95 percent of Georgian villages in South Ossetia were razed, and an untold number of houses have been looted and burned. South Ossetians told HRW that the burning of houses was deliberate in order to prevent the return of Georgians. HRW estimates that most of the damage was done by South Ossetian irregulars or foreign “volunteers” - not Russian troops. Russian troops had effective control of the territory but chose not to enforce law and order, making them complicit in these crimes. HRW was not able to corroborate any of the Russian allegations of Georgian atrocities inside South Ossetia, though it has accused Tbilisi of using cluster bombs. HRW has documented instances of excessive use of force by Georgian troops, but is still sorting out the facts surrounding these actions. International Monitoring Efforts Lack Access, Coordination Both the OSCE and the European Union have deployed monitors to Georgia, but have not been granted access to South Ossetia. Representatives of the EU Monitoring Mission to Georgia told Helsinki Commission staff that the monitors were unarmed and not there to provide security. Rather, their stated mission was to observe Georgian and Russian compliance with the August 12 and September 8 peace agreements between Russia and Georgia. There also seemed to be little effort to coordinate the two observation missions. Both the EU and OSCE representatives downplayed questions about a lack of coordination (as reported in Vienna by the OSCE Head of Mission in Georgia). They said that it was a matter of time and process dictating how they proceeded. Economic Cost of Conflict The economic consequences of the conflict for Georgia have been staggering. One of the keys to recovery will be boosting consumer confidence, and also reassuring investors that Georgia is a safe and stable market. Almost 24 percent of Georgia’s GDP comes from foreign direct investment (Kazakhstan and Azerbaijan are significant investors) and there are signs that FDI may decrease following the conflict. Out of a pledged $1 billion in aid, the United States is providing $250 million in direct budget support to the Georgian government to help repair infrastructure and build houses for IDPs. Other donors have agreed to provide a further $3.5 billion in aid which, if distributed properly, will help Georgia weather the crisis. Commission staff visited the Black Sea port of Poti. Georgia’s main transit point for imports and exports, the port was bombed during the conflict, resulting in the death of 5 workers and an estimated US$10 million in damages. But by mid-October, commerce was almost back to normal. Georgia’s Coast Guard offices, which had been substantially damaged, were almost completely repaired. The Navy and the Coast Guard lost eight ships during the conflict, but their newer ships were evacuated to the southern port of Batumi and escaped with only minor damage. One of the hardest hit regions was the area surrounding the city of Gori, Georgia’s “breadbasket,” where up to 60 percent of the agriculture was destroyed. The U.S. Agency for International Development is spearheading a wheat seed program to help farmers plant the next crop. Irrigation is also a significant issue, since much of the water was coming from South Ossetia and irrigation canals were damaged. Alternative irrigation sources were being quickly developed to help farmers continue supplying the market. The OSCE, which was implementing extensive economic development projects in South Ossetia, has been forced to cease all programs in that region. Other micro-enterprise development programs, such as trout farms and beekeeping located in the buffer zones around South Ossetia, have been quickly re-started. Another issue that could become a flash-point in the future is the Inguri Dam, a hydroelectric facility that supplies half of Georgia’s electricity needs. The dam itself is on territory that the Georgian government controls, but the facility that provides the electricity is on territory controlled by Abkhaz separatists and their Russian allies. They could theoretically turn off the electricity for many Georgians, but Georgian authorities could counter by shutting down the dam, thus denying the Abkhaz the ability to generate electricity. Cost of Conflict is High for those Displaced from their Homes The situation for internally displaced persons in Georgia is critical. On October 9 Commission staff visited an IDP camp in Gori that was slated to be dismantled later that day. Most of the residents were being returned to their homes in the “buffer zone” adjacent to the South Ossetian border that up until the day prior had been controlled by Russian forces. As the Russians withdrew, the Georgian government was working quickly to return the IDPs to their homes. In fact, international aid agencies believed Tbilisi was moving a bit too quickly, as safety concerns remained – specifically, unexploded ordinance in the buffer zone and reports of possible sabotage. Nevertheless, the IDPs were packing up their meager belongings and preparing to leave. Those who couldn’t do so - those from South Ossetia and Akhalgori - were going to be sent to centers in the Tbilisi area. A number of aid agencies are providing assistance with food and other daily needs. One group, CHF International, provides assistance to IDPs that are living with relatives. These host families - many of whom were barely making ends meet - are stretched to the breaking point. CHF International provides fuel, extra bedding, food, or other aid that a household might need to support extra family members for an extended period of time. The Georgian government has also launched a massive construction effort to build thousands of houses for the “new” IDPs. While this effort was praised by many, it could become a source of discontent among those displaced in previous conflicts and still living in substandard conditions. Georgia Faces a Difficult Road Ahead The effectiveness of international monitoring as a deterrent to future military conflict in Georgia is uncertain. It is clear from discussions with analysts that disagreements on the delineation of the South Ossetian “border,” particularly around the city of Akhalgori, will continue to be a point of contention. As more information becomes available on what actually happened in the lead-up to the conflict in early August, it also raises questions about the effectiveness of these missions as a deterrent. Independent reports suggest that there were nearly 100,000 Russian troops in the vicinity of South Ossetia immediately preceding the fighting and it is now clear that there was a serious breakdown of early warning mechanisms that were designed to prevent this type of conflict scenario. The exact role of the monitors and their geographical range is in dispute. Russian officials continue to argue at the OSCE and other fora that the monitors are there to ensure stability and security. At the same time Russian officials are charging that the EU monitors are failing to maintain adequate security in the areas bordering South Ossetia and Abkhazia and that Georgian military and police forces are engaged in provocations and attacks against South Ossetians and Russian personnel inside South Ossetia. Ironically, the OSCE and EU Missions reported that their monitors still did not have access to South Ossetia, Abkhazia, and the Akhalgori district (now administered by Russian and South Ossetian forces). This raises concerns about Russia’s intent in denying monitors access to the regions now under their control, while demanding that the monitors ensure security in these areas. Russo-Georgian relations, which have been tense for years, have reached a nadir in the wake of Russia’s invasion of Georgia and subsequent recognition of South Ossetia and Abkhazia. Russian Foreign Minister Lavrov made no attempt to conceal from U.S. Secretary of State Rice that getting rid of Georgian President Mikhail Saakashvili was a key Moscow aim. As of this writing, however, he remains in office, despite Moscow’s efforts to unseat him and attempts by opposition forces to call him to account. He has so far weathered the political consequences of presiding over a stunning military defeat, the loss of South Ossetia and Abkhazia, and having to deal with thousands more displaced people. Responding to pressure from inside and outside the country, Saakashvili has pledged to introduce serious reforms, which would help promote stability within Georgia. How Tbilisi can reestablish normal relations with Moscow is harder to divine.

  • 2008 Human Dimension Implementation Meeting

    The OSCE’s 2008 Human Dimension Implementation Meeting offered an opportunity to review compliance on a full range of human rights and humanitarian commitments of the organization’s participating States. Tolerance issues featured prominently in the discussions, which included calls for sustained efforts to combat anti-Semitism and other forms of discrimination. A U.S. proposal for a high-level conference on tolerance issues in 2009, however, met with only tepid support. Core human rights issues, including freedom of speech and freedom of religion, continued to draw large numbers of speakers. Throughout the discussions, non-governmental organizations (NGOs) expressed concern about Kazakhstan’s failure to implement promised reforms and questioned its readiness to serve as OSCE Chair-in-Office in 2010. Greece, slated to assume the chairmanship in January, came under criticism for its treatment of ethnic minorities. As in the past, the United State faced criticism for retaining the death penalty and for its conduct in counter-terrorism operations. Belarusian elections, held on the eve of the HDIM, came in for a round of criticism, while Russia continued to advocate proposals on election observation that would significantly limit the OSCE’s independence in such activities. Finally, discussion of the Russia-Georgia conflict was conspicuous by its near absence, though related human rights and humanitarian concerns will likely receive more prominence in the lead up to and during the December OSCE Ministerial in Helsinki. Background From September 29 to October 10, 2008, the OSCE participating States met in Warsaw, Poland, for the annual(1) Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest human rights gathering, convened to discuss compliance by the participating States with the full range of human dimension commitments they have all adopted by consensus. The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), according to an agenda approved by consensus of all 56 participating States. The HDIM is the only multinational human rights meeting in Europe where representatives of NGOs and government representatives have equal access to the speakers list. Indeed, over half of the statements delivered at this year’s HDIM were made by NGO representatives. Such implementation review meetings are intended to serve as the participating States’ principal venue for public diplomacy and are important vehicles for identifying continued areas of poor human rights performance. Although the HDIM is not tasked with decision-making responsibilities, the meetings can provide impetus for further focus on particular human dimension concerns and help shape priorities for subsequent action. Coming in advance of ministerial meetings that are usually held in December, the HDIMs provide an additional opportunity for consultations among the participating States on human dimension issues that may be addressed by Ministers. (This year, for example, there were discussions on the margins regarding a possible Ministerial resolution on equal access to education for Roma and advancing work in the field of tolerance and non-discrimination, including the possibility of convening a related high-level meeting in 2009.) OSCE rules, adopted by consensus, allow NGOs to have access to human dimension meetings. However, this general rule does not apply to “persons and organizations which resort to the use of violence or publicly condone terrorism or the use of violence.”(2) There are no other grounds for exclusion. The decision as to whether or not a particular individual or NGO runs afoul of this rule is made by the Chairman-in-Office. In recent years, some governments have tried to limit or restrict NGO access at OSCE meetings in an effort to avoid scrutiny and criticism of their records. This year, in the run up to the HDIM, Turkmenistan held the draft agenda for the meeting hostage, refusing to give consensus as part of an effort to block the registration of Turkmenistan NGOs which have previously attended the implementation meetings and criticized Ashgabat. Turkmenistan officials finally relented and allowed the adoption of the HDIM agenda in late July, but did not participate in the Warsaw meeting. Along these lines, the Russian delegation walked out in protest when the NGO “Russian-Chechen Friendship Society” took the floor to speak during a session on freedom of the media. At the 2008 HDIM, senior Department of State participants included Ambassador W. Robert Pearson, Head of Delegation; Ambassador Julie Finley, Head of the U.S. Mission to the OSCE; Ambassador Karen Stewart, Principal Deputy Assistant Secretary of State for Democracy, Human Rights and Labor; and Mr. Bruce Turner, Acting Director, Office for European Security and Political Affairs. Mr. Will Inboden, advisor on religious freedom issues, and Mr. Nathan Mick, advisor on Roma issues, served as Public Members. Ms. Felice Gaer, Chair of the U.S. Commission on Religious Freedom, and Mr. Michael Cromartie, Vice Chair, also served as members of the delegation. Helsinki Commission Chief of Staff Fred L. Turner and Senior State Department Advisor Ambassador Clifford Bond also served as members of the U.S. Delegation, along with Helsinki Commission staff members Alex T. Johnson, Ronald J. McNamara, Winsome Packer, Erika B. Schlager, and Dr. Mischa E. Thompson. In comparison with previous HDIMs, the 2008 meeting was relatively subdued – perhaps surprisingly so given that, roughly eight weeks before its opening, Russian tanks had rolled onto Georgian territory. While the full scope of human rights abuses were not known by the time the meeting opened, human rights defenders had already documented serious rights violations, including the targeting of villages in South Ossetia inhabited by ethnic Georgians. Nevertheless, discussion of the Russian-Georgian conflict was largely conspicuous by its near absence. Highlights The annual HDIM agenda provides a soup-to-nuts review of the implementation of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. The United States continued its longstanding practice of naming specific countries and cases of concern. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. This year, those subjects were: 1) education and awareness-raising in the promotion of human rights; 2) freedom of religion or belief; and 3) focus on identification, assistance and access to justice for the victims of trafficking. Of the three, the sessions on religious liberty attracted the most speakers with over 50 statements. A large number of side events were also part of the HDIM, organized by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States. These side events augment implementation review sessions by providing an opportunity to examine specific subjects or countries in greater depth and often with a more lively exchange than in the formal sessions. Along with active participation at these side events, the United States held extensive bilateral meetings with government representatives, as well as with OSCE officials and NGO representatives. At the end of the second week of the HDIM, Human Rights Directors from capitals also held a working meeting to discuss issues of mutual concern, with a special focus on United Nations Security Council Resolution 1325, on women, peace and security. This year, the U.S. Commission on International Religious Freedom also hosted a reception to honor the OSCE Panel of Experts on Freedom of Religion or Belief, as well as the tenth anniversary of the U.S. International Religious Freedom Act and the 60th anniversary of the UN Declaration of Human Rights. Greece, scheduled to assume the chairmanship of the OSCE starting in January 2009, came under particular criticism for its treatment of minorities. Unlike the highly emotional reactions of senior Greek diplomats in Warsaw two years ago, the delegation this year responded to critics by circulating position papers elaborating the Greek government’s views. Greece also responded to U.S. criticism regarding the application of Sharia law to Muslim women in Thrace by stating that Greece is prepared to abolish the application of the Sharia law to members of the Muslim minority in Thrace when this is requested by the interested parties whom it affects directly. Issues relating to the treatment of ethnic, linguistic and religious minorities in the OSCE region are likely to remain an important OSCE focus in the coming period, especially in light of developments in the Caucasus, and it remains to be seen how the Greek chairmanship will address these concerns in light of its own rigid approach to minorities in its domestic policies. Throughout the HDIM, many NGOs continued to express concern about the fitness of Kazakhstan to serve as OSCE Chair-in-Office in 2010 given serious short comings in that country’s human rights record. In particular, Kazakhstan was sharply criticized for a draft religion law (passed by parliament, but not yet adopted into law). One NGO argued that a Kazakhstan chairmanship, with this law in place, would undermine the integrity of the OSCE, and urged participating States to reconsider Kazakhstan for the 2010 leadership position if the law is enacted. Juxtaposing Kazakhstan’s future chairmanship with the possible final passage of a retrograde law on religion, the Almaty Helsinki Committee asked the assembled representatives, “Are human rights still a priority – or not?” (Meanwhile, on October 5, Secretary of State Condoleezza Rice visited Kazakhstan.) On the eve of the HDIM, Belarus held elections. Those elections received considerable critical attention during the HDIM’s focus on democratic elections, with the United States and numerous others expressing disappointment that the elections did not meet OSCE commitments, despite promises by senior Belarusian officials that improvements would be forthcoming. Norway and several other speakers voiced particular concern over pressures being placed on ODIHR to circumscribe its election observation activities. Illustrating those pressures, the Russian Federation reiterated elements of a proposal it drafted on election observation that would significantly limit the independence of ODIHR in its election observation work. The Head of the U.S. Delegation noted that an invitation for the OSCE to observe the November elections in the United States was issued early and without conditions as to the size or scope of the observation. (Russia and others have attempted to impose numerical and other limitations on election observation missions undertaken by the ODIHR and the OSCE Parliamentary Assembly.) Tolerance issues featured prominently during discussions this year, as they have at other recent HDIMs. Forty-three interventions were made, forcing the moderator to close the speakers list and requiring presenters to truncate their remarks. Muslim, migrant, and other groups representing visible minorities focused on discrimination in immigration policies, employment, housing, and other sectors, including racial profiling and hate crimes, amidst calls for OSCE countries to improve implementation of existing anti-discrimination laws. Jewish and other NGOs called for sustained efforts to combat anti-Semitism. Representatives of religious communities expressed concern about the confusion made by ODIHR in its Annual Hate Crimes Report between religious liberty issues and intolerance towards members of religious groups. This year, some governments and NGOs elevated their concerns relating to gay, lesbian, bisexual and transgender persons, increasingly placing these concerns in the context of the OSCE’s focus on hate crimes. A civil society tolerance pre-HDIM meeting and numerous side events were held on a broad range of tolerance-related topics. The United States and several U.S.-based NGOS called for a high-level conference on tolerance issues to be held in 2009. Unlike in prior years, however, no other State echoed this proposal or stepped forward with an offer to host such a high-level conference. In many of the formal implementation review sessions this year, NGOs made reference to specific decisions of the European Court on Human Rights, urging governments to implement judgments handed down in recent cases. During the discussion of issues relating to Roma, NGOs continued to place a strong focus on the situation in Italy, where Roma (and immigrants) have been the target of hate crimes and mob violence. NGOs reminded Italy that, at the OSCE Supplementary Human Dimension Meeting in July, they had urged Italy to come to the HDIM with concrete information regarding the prosecution of individuals for violent attacks against Roma. Regrettably, the Italian delegation was unable to provide any information on prosecutions, fostering the impression that a climate of impunity persists in Italy. As at other OSCE fora, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among the OSCE participating States. Of the 56 OSCE participating States, 54 have abolished, suspended or imposed a moratorium on the death penalty and only two – the United States and Belarus – continue to impose capital punishment as a criminal sanction. Two side events held during the HDIM also put a spotlight on the United States. The first event was organized by Freedom House and entitled, “Today’s American: How Free?” At this event, Freedom House released a book by the same title which examined “the state of freedom and justice in post-9/11 America.” The second event was a panel discussion on “War on Terror or War on Human Rights?” organized by the American Civil Liberties Union. Speakers from the ACLU, Amnesty International and the Polish Human Rights Foundation largely focused on issues relating to the United States, including the military commission trials at Guantanamo, and official Polish investigations into allegations that Poland (working with the United States) was involved in providing secret prisons for the detention and torture of “high-value” detainees.(3) In a somewhat novel development, Russian Government views were echoed by several like-minded NGOs which raised issues ranging from claims of “genocide” by Georgia in South Ossetia to grievances by ethnic Russians in Latvia and Estonia. Ironically, the Russian delegation, in its closing statement, asserted that this year’s HDIM had an “improved atmosphere” due (it was asserted) to the efforts by both governments and NGOs to find solutions to problems rather than casting blame. As at past HDIMs, some sessions generated such strong interest that the time allotted was insufficient to accommodate all those who wished to contribute to the discussion. For example, the session on freedom of the media was severely constrained, with more than 20 individuals unable to take the floor in the time allotted, and several countries unable to exercise rights of reply. Conversely, some sessions – for example, the session on equal opportunity for men and women, and the session on human dimension activities and projects – had, in terms of unused time available, an embarrassment of riches. Following a general pattern, Turkmenistan was again not present at the HDIM sessions this year.(4) In all, 53 participating States were represented at the meeting. At the closing session, the United States raised issues of particular concern relating to Turkmenistan under the “any other business” agenda item. (This is the sixth year in a row that the United States has made a special statement about the situation in Turkmenistan, a country that some view as having the worst human rights record in the OSCE.) For the past two years, there has been a new government in Turkmenistan. The U.S. statement this year noted some positive changes, but urged the new government to continue the momentum on reform by fully implementing steps it already has begun. In addition, the United States called for information on and access to Turkmenistan’s former representative to the OSCE, Batyr Berdiev. Berdiev, once Turkmenistan’s ambassador to the OSCE, was reportedly among the large number of people arrested following an attack on then-President Niyazov’s motorcade in 2002. His fate and whereabouts remain unknown. OSCE PA President João Soares addressed the closing plenary, the most senior Assembly official to participate in an HDIM meeting. The Russian-Georgian Conflict With the outbreak of armed violence between Russia and Georgia occurring only two months earlier, the war in South Ossetia would have seemed a natural subject for discussion during the HDIM. As a human rights forum, the meeting was unlikely to serve as a venue to debate the origins of the conflict, but there were expectations that participants would engage in a meaningful discussion of the human dimension of the tragedy and efforts to stem ongoing rights violations. As it turned out, this view was not widely shared by many of the governments and NGOs participating in the meeting. The opening plenary session foreshadowed the approach to this subject followed through most of the meeting. Among the senior OSCE officials, only High Commissioner on National Minorities Knut Vollebaek squarely addressed the situation in the south Caucasus. Vollebaek condemned the19th century-style politicization of national minority issues in the region and the violation of international borders. At the time of the crisis, he had cautioned against the practice of “conferring citizenship en masse to residents of other States” (a reference to Russian actions in South Ossetia) and warned that “the presence of one's citizens or ‘ethnic kin’ abroad must not be used as a justification for undermining the sovereignty and territorial integrity of other States.” Sadly, that sound advice went unobserved in Georgia, but it is still applicable elsewhere in the OSCE region.(5) The statement delivered by France on behalf of the countries of the European Union failed to address the conflict. During the plenary, only Norway and Switzerland joined the United States in raising humanitarian concerns stemming from the conflict. In reply, the head of the Russian delegation delivered a tough statement which sidestepped humanitarian concerns, declaring that discussion of Georgia’s territorial integrity was now “irrelevant.” He called on participating States to adopt a pragmatic approach and urged acknowledgment of the creation of the new sovereign states of Abkhazia and South Ossetia, terming their independence “irreversible” and “irrevocable.” Perhaps more surprising than this Russian bluster was the failure of any major NGO, including those who had been active in the conflict zone collecting information and working on humanitarian relief, to take advantage of the opportunity to raise the issue of South Ossetia during the opening plenary. As the HDIM moved into its working sessions, which cover the principal OSCE human dimension commitments, coverage of the conflict fared better. The Representative on Freedom of the Media remarked, in opening the session on free speech and freedom of the media that, for the first time in some years, two OSCE participating States were at war. During that session, he and other speakers called on the Russian Federation to permit independent media access to occupied areas to investigate the charges and counter-charges of genocide and ethnic cleansing. The tolerance discussion included calls by several delegations for Russia to cooperate and respond favorably to the HCNM’s request for access to South Ossetia to investigate the human rights situation in that part of Georgia. Disappointingly, during the session devoted to humanitarian commitments, several statements, including those of the ODHIR moderator and EU spokesperson, focused narrowly on labor conditions and migration, and failed to raise concerns regarding refugees and displaced persons, normally a major focus of this agenda item and obviously relevant to the Georgia crisis. Nevertheless, the session developed into one of the more animated at the HDIM. The Georgian delegation, which had been silent up to that point, spoke out against Russian aggression and alleged numerous human rights abuses. It expressed gratitude to the European Union for sending monitors to the conflict zone and urged the EU to pressure Russia to fully implement the Six-Point Ceasefire agreement negotiated by French President Sarkozy. The United States joined several delegations and NGOs calling on all parties to the conflict to observe their international obligations to protect refugees and create conditions for their security and safe voluntary return. In a pattern observed throughout the meeting, the Russian delegation did not respond to Georgian charges. It left it to an NGO, “Ossetia Accuses,” to make Russia’s case that Georgia had committed genocide against the people of South Ossetia. A common theme among many interventions was a call for an independent investigation of the causes of the conflict and a better monitoring of the plight of refugees, but to date Russian and South Ossetian authorities have denied both peacekeeping monitors and international journalists access to the region from elsewhere in Georgia. A joint assessment mission of experts from ODIHR and the HCNM, undertaken in mid-October, were initially denied access to South Ossetia, with limited access to Abkhazia granted to some team members. Eventually, several experts did gain access to the conflict zone in South Ossetia, though to accomplish this they had to travel from the north via the Russian Federation. One can only speculate why Georgia received such limited treatment at this HDIM. The crisis in the south Caucasus had dominated OSCE discussions at the Permanent Council in Vienna for weeks preceding the HDIM. Some participants may have feared that addressing it in Warsaw might have crowded out the broader human rights agenda. Others may have felt that, in the absence of a clear picture of the circumstances surrounding the conflict and with so many unanswered questions, it was best not to be too critical or too accusatory of either party. The EU (and particularly the French) were, at the time of the HDIM, in the process of negotiating the deployment of European observers to the conflict zone, and may have feared that criticism of Russia at this forum would have only complicated the task. In fact, the EU’s only oblique reference to Georgia was made at HDIM’s penultimate working session (a discussion which focused on human dimension “project activity”) in connection with the work of High Commissioner for National Minorities. (One observer of this session remarked that there seemed to be a greater stomach for dinging the OSCE Office for Democratic Institutions and Human Rights for shortcomings in its work than for criticizing Russia for invading a neighboring OSCE participating State.) Finally, other participants, particularly NGOs, seemed more inclined to view human rights narrowly in terms of how governments treat their own citizens and not in terms of how the failure to respect key principles of sovereignty and territorial integrity are invariably accompanied by gross violations of human rights and can produce humanitarian disasters. Amid simmering tensions between Russia and Georgia which could erupt into renewed fighting, and completion of a report requested by the Finnish Chairmanship in time for the OSCE’s Ministerial in Helsinki in early December, Ministers will have to grapple with the impact of the south Caucasus conflict and what role the OSCE will have. Beyond Warsaw The relative quiet of the HDIM notwithstanding, French President M. Nicolas Sarkozy put a spotlight on OSCE issues during the course of the meeting. Speaking at a conference in Evian, France, on October 8, he responded to a call by Russian President Dmitri Medvedev, issued in June during meetings with German Chancellor Angela Merkel, for a new “European Security Treaty” to revise Europe’s security architecture – a move seen by many as an attempt to rein in existing regional security organizations, including NATO and the OSCE. President Sarkozy indicated a willingness to discuss Medvedev’s ideas, but argued they should be addressed in the context of a special OSCE summit, which Sarkozy suggested could be held in 2009. The escalating global economic crisis was also very much on the minds of participants at the HDIM as daily reports of faltering financial institutions, plummeting markets, and capital flight promoted concerns over implications for the human dimension. Several delegations voiced particular concern over the possible adverse impact on foreign workers and those depending on remittances to make ends meet. Looking Ahead The human rights and humanitarian concerns stemming from the war in South Ossetia will likely come into sharper focus in the lead up to the December OSCE Ministerial in Helsinki as talks on the conflict resume in Geneva, and OSCE and other experts attempt to document the circumstances surrounding the outbreak of fighting and current conditions. The coming weeks can also be expected to bring renewed calls for an overhaul of the human dimension and the ODIHR by those seeking to curb attention paid to human rights and subordinate election monitoring activities. It remains to be seen whether Kazakhstan will fulfill the commitments it made a year ago in Madrid to undertake meaningful reforms by the end of this year. There is also the risk that a deepening economic crisis will divert attention elsewhere, even as the resulting fallout in the human dimension begins to manifest itself. It is unclear what priorities the Greek chairmanship will be set for 2009, a year that portends peril and promise. Notes (1) OSCE Human Dimension Implementation Meetings are held every year, unless there is a Summit. Summits of Heads of State or Government are preceded by Review Conferences, which are mandated to review implementation of all OSCE commitments in all areas (military-security, economic and environmental cooperation, and the human dimension). (2) Helsinki Document 1992, The Challenges of Change, IV (16). (3) Interestingly, at the session on human rights and counterterrorism, moderator Zbigniew Lasocik, member of the United Nations Subcommittee on Prevention of Torture, noted that Poland’s Constitutional Court had, the previous day, struck down a 2004 law that purported to allow the military to shoot down hijacked commercial aircraft – even if they were being used as weapons like the planes that killed thousands of people on 9/11. The Court reportedly reasoned that shooting down an aircraft being used as bomb would infringe on the constitutional protection of human life and dignity of the passengers. (4) Turkmenistan sent a representative to the HDIM in 2005 for the first time in several years. While responding to criticism delivered in the sessions, the representative appeared to focus more on monitoring the activities of Turkmen NGOs participating in the meeting. Turkmenistan subsequently complained that certain individuals who had been charged with crimes against the State should not be allowed to participate in OSCE meetings. Turkmenistan officials did not participate in the 2006 or 2007 HDIMs. Participation in the 2008 meeting would have been a welcome signal regarding current political developments. (5) The HCNM had previously expressed concern regarding Hungary’s overreach vis-a-vis ethnic Hungarian minorities in neighboring countries. In 2004, Hungary held a referendum on extending Hungarian citizenship to ethnic Hungarians abroad – an idea that still holds political currency in some quarters of Hungary – but the referendum failed due to low voter turnout.

  • Symposium Focused on Future of the OSCE

    By Janice Helwig, Policy Advisor The Embassy of Finland and the Center for Transatlantic Relations at John Hopkins University held a half-day symposium on October 15 to discuss the future of the OSCE. The symposium succeeded in laying out clearly the challenges currently facing the 56-state organization. There were, however, more questions than answers when it came to ideas on how to address those challenges. Participants in the symposium included the Secretary of State of Finland, prominent figures from OSCE’s past, academics, representatives of participating States, NGOs, and the Helsinki Commission. Finland currently holds the Chairmanship of the Vienna-based OSCE. At the outset of the meeting, there was an acknowledgement that Russia’s invasion of Georgia in early August altered the program originally envisioned by the Finnish chairmanship for the OSCE. Other issues raised included open challenges to core OSCE principles, values, and commitments; internal divisions and lack of consensus over what the organization should be doing; implications of a stronger and more active EU; and whether there is waning support for the OSCE in Washington. Rather than offering prescriptions for overcoming these challenges, many speakers instead underlined the challenges by reflecting their governments’ views of the OSCE. For example, the Russian speaker focused on President Medvedev’s June call for a new European security architecture and the need to reform the OSCE, a longstanding Moscow demand. U.S. State Department Assistant Secretary and Helsinki Commissioner David Kramer focused on the importance of implementing OSCE commitments on human rights, and the need for Kazakhstan to implement its Madrid reform promises in advance of its 2010 Chairmanship. The Kazakhstani speaker foreshadowed what could signal – for the U.S. at least – problematic views with serious implications for his country’s chairmanship, including questioning the validity and universal applicability of OSCE standards and commitments as well as raising doubt over the continued need for field missions. OSCE Secretariat representative Paul Fritch laid out frankly the challenges facing the OSCE today, and tried to start a discussion of how to address them. Early History of the Helsinki Process* The first panel focused on the history of the Helsinki Process, and featured U.S. Ambassador Max Kampelman (ret.), who had been active in the process in the 1980s, and Finnish Ambassador Markuu Reimaa, who recently published a book, Helsinki Catch, covering the negotiations leading up to the 1975 signing of the Helsinki Final Act. Ambassador Kampelman focused on his personal experiences and on the Madrid Meeting of the CSCE (1980-1983). He stressed that the CSCE was at that time the main framework for U.S.-Soviet dialogue and for reinforcing relations with NATO allies. Kampelman acknowledged the key role played by Commission staff throughout the Madrid Meeting. He then claimed to reveal a long-held secret that he had leveraged the Soviet desire to end the Madrid Meeting by securing permission for some 250,000 individuals - mostly Jews - to emigrate from the U.S.S.R. to Israel. Ambassador Reimaa cited the 1968 Soviet invasion of Czechoslovakia as a crucial event that opened the eyes of many in both the West and East. He said that the negotiations leading up to the Helsinki Final Act were successful partly because none of the countries (numbering 35 at the time) expected much to come of the process. He suggested that, within two years, the Soviets were questioning the wisdom of their involvement, but that the Helsinki Process was like “a fish trap”: once in, you could not get out. He stressed the importance of dialogue, noting that CSCE offered the only venue where meaningful talks continued during the frosty first half of the 1980’s. Strengths and Weaknesses The second panel focused on the current Finnish Chairmanship of the OSCE, and featured Finnish State Secretary Pertti Torstila and Professor Terrence Hopmann of Johns Hopkins University SAIS. Secretary Torstila said that OSCE’s relevance was proven most recently in connection with the conflict in Georgia, but serious challenges to it exist in today’s world. A consensus-based organization cannot be greater than the sum of its parts, and many OSCE States are weak in their commitment to core principles. Secretary Torstila acknowledged that the state-building begun in the aftermath of the collapse of the U.S.S.R. remains incomplete, and urged that the OSCE be used as a venue for dialogue. In addition, the OSCE must avoid getting dragged down by internal wrangling, as some other International Organizations have done. He related that the CiO believes that the OSCE needs to be more involved in settling conflicts, not just managing them after the fact. Torstila provided a disappointing update on talks on Georgia that had opened and abruptly closed earlier that day in Geneva. Professor Hopmann said that the OSCE is in deep crisis at this point, arguing that the U.S. and Russia must decide if they believe the OSCE is worthwhile or not. Hopmann went on at length about the weakness of the organization’s conflict prevention capacity and the need to look at the relationship between core principles like self-determination and territorial integrity. He was highly critical of the lack of U.S. support for the organization, quipping that Washington spent more on Iraq in one hour than on the OSCE for an entire year. Beyond dwindling resources, he cited the failure of the U.S. Secretary of State to attend an OSCE Ministerial since Colin Powell in 2003. (Helsinki will serve as the venue for the 2008 OSCE Ministerial in early December.) Hopmann appealed for the next administration to play a more active role in the OSCE. The third panel focused on the future of the OSCE. It featured Mr. Aleksandr Lukashevich from the Russian Embassy, Assistant Secretary of State and Helsinki Commissioner David Kramer, Kazakhstani Ambassador at Large for OSCE Askar Tazhiev, and Director of the Office of the OSCE Secretary General, Paul Fritch. Mr. Lukashevich gave what appeared to be a scripted presentation of Russian views of the OSCE. He argued that the organization has failed to take the shape of an integrated security architecture that Russia had hoped it would. Instead, each OSCE country pursues its own agenda and geographic splits result. No country should predominate in the OSCE, and there should not be any “spheres of influence” in the organization. He repeated Russian assertions that the OSCE needs legal status, as well as a treaty-based Charter defining its goals adopted at the same time; he insisted that the U.S. fear that a Charter would undermine existing OSCE commitments is unfounded. Notwithstanding the restrictive proposals Moscow has circulated over the past couple of years that would undermine OSCE election observation activities and seriously weaken the role of NGOs in the organization, he rejected the notion that Russia is seeking to weaken existing OSCE institutions, including the Office for Democratic Institutions and Human Rights (ODIHR). He insisted that Russia has a positive agenda in the OSCE and wants to give the organization a “second wind.” Moreover, Russian President Medvedev has proposed discussion of a treaty on European security that would be legally binding and that would lay out the role and obligations of States for the medium- to long-term. The new treaty should stress that all States are equal and that there should be uniform rules and legally binding security guarantees for all, as well as uniform interpretation and implementation of the treaty. Mr. Lukashevich floated a proposal for an international forum with the participation of all OSCE countries as well as leading International Organizations. He said Russia hopes that the proposal could be reflected in the upcoming Helsinki Ministerial. Assistant Secretary of State and Helsinki Commissioner David Kramer stressed the importance of implementation of existing OSCE human rights commitments. He said that the U.S. would oppose any efforts to dilute OSCE standards or undermine the organization’s effectiveness, including its election observation activities undertaken by ODIHR and the Parliamentary Assembly. Kramer pointed out that most of the criticism of the OSCE seems to be coming from those States where fundamental freedoms are facing the most challenges. He then turned to Kazakhstan and the reform program it committed to late last year in Madrid concerning its 2010 Chairmanship. Kramer said that the U.S. is prepared to help Kazakhstan make progress on its Madrid commitments. However, currently, human rights defenders, NGOs, and independent media in Kazakhstan are threatened. Concerning Georgia, he stressed that the Russian Federation is responsible for protecting persons remaining in South Ossetia and for maintaining public order in all areas effectively under Russian control. Kramer insisted that OSCE monitors must have unimpeded access to all areas of Georgia, including South Ossetia. Kazakhstani Ambassador-at-Large for OSCE Askar Tazhiev’s statement raised serious questions about how his country might run its 2010 Chairmanship. Tazhiev stressed that there should be no blind adherence to OSCE commitments; rather, cultural differences and national particularities must be taken into account. Echoing long-standing Russian claims, he said the three dimensions of the OSCE – political/military, economic and environmental, and human - are imbalanced. There is too much emphasis on the human dimension and that should be fixed. Tazhiev reiterated Kazakhstan’s promise made in Madrid not to support efforts to weaken ODIHR or election observation, but at the same time endorsed Russian proposals concerning “strengthening” OSCE election observation. (Note: Russian initiatives would eviscerate election observation, for example by giving any country a virtual veto over every aspect of the process, including the evaluation of the conduct of the election.) He said that the effectiveness of OSCE field missions is in doubt, and many host countries – particularly those in Central Asia – feel their views are not being taken into account and are therefore questioning the further need for those missions. Finally, he noted that Kazakhstan supports Russia’s view that the OSCE needs a convention giving it legal personality as well as a Charter, adopted simultaneously. The Director of the Office of the OSCE Secretary General, Paul Fritch, gave a thoughtful overview of where the OSCE currently stands, and asked a series of questions (though not providing answers). In the 1990s, there was a unique and historic consensus within the organization. While some States view that period as the Golden Age, others view it as a time of humiliation. Consensus is now wearing thin in all three dimensions, and it is not in style to be a “country in transition.” The situation has changed dramatically, particularly with developments in Kosovo and Georgia. There is now open military confrontation in the OSCE region, between Georgia and Russia. There are also diverging views on energy and water resources which could lead to future conflicts. It is the first time that participating States are openly challenging the validity of OSCE commitments, and universal interpretation of them is yielding to local variations. At the same time that cohesion within the OSCE is eroding, external challenges are growing in scope and complexity. Relations with other International Organizations are changing as NATO expands and the EU becomes active in more areas. Fritch then threw out several good questions. How can the OSCE promote implementation of its values when some States openly challenge them (despite the fact that they were adopted on the basis of consensus)? Do OSCE mechanisms to deal with political military challenges need to be updated? What role can the OSCE play outside its geographical area? Will the OSCE take up Medvedev and Sarkozy’s proposal for a new security architecture and an OSCE summit in 2009? Now that the EU makes up half of the OSCE participating States, how will the two organizations divide their activities? In the discussion that followed, U.S. Ambassador Julie Finley rejected Terry Hopmann’s characterization of waning U.S. interest in the OSCE. In response to Russia, she stressed that actions speak louder than words. While recent Russian words have been lovely, corresponding actions have not. Picking up on the issue of legal personality raised by several speakers, she said that as soon as the U.S. had compromised and agreed to a limited legal convention, Russia reneged on the deal and began demanding that a treaty-based Charter be adopted at the same time. She asserted that Russia constantly moves the goalposts, and that is not constructive. The OSCE should look to the future and expand its activities, perhaps by bringing Libya, Syria, and Lebanon in as Mediterranean Partners for Cooperation. Spencer Oliver, Secretary General of the OSCE Parliamentary Assembly and former Commission Chief of Staff, drew on his extensive experience in the Helsinki Process dating back to the mid-1970s. He stressed the critical precedents set by the U.S. at the Belgrade Follow-up Meeting (1977-78) of naming names and being specific about human rights violations. Oliver credited Arthur J. Goldberg for his leadership of the U.S. delegation at Belgrade and commended the role played by Griffin Bell, appointed by President Carter to head the U.S. delegation at the opening of the Madrid Follow-up Meeting in 1980. Max Kampelman served under Bell until Ronald Reagan appointed him to lead the delegation through the end of the Madrid Meeting (1983). Oliver pointed out the irony that the OSCE, an organization promoting transparency, often operates behind closed doors. *encompassing the original Conference on Security and Cooperation in Europe (CSCE) and its successor since January 1, 1995, the Vienna-based Organization for Security and Cooperation in Europe (OSCE).

  • Belarus’ Parliamentary Elections Fail to Meet OSCE Democratic Election Commitments

    By Orest Deychakiwsky and Winsome Packer Policy Advisors The conduct of the September 28 parliamentary elections in Belarus fell significantly short of international standards, despite some hopes that there would be improvements following the August release of political prisoners, Belarus’ reluctance to recognize South Ossetia and Abkhazia and statements by senior Belarusian officials raising expectations. The Commission followed the run-up to the elections closely, holding a hearing on September 16 titled “Business as Usual? Belarus on the Eve of the Elections,” and issuing a press release expressing concern about the pre-election climate and encouraging last minute steps, including transparency in the vote count and full access for OSCE observers. [Both the hearing and the press release are available on the Commission’s website.] Two members of the Commission staff traveled to Belarus as part of the OSCE Parliamentary Assembly’s delegation of the overall OSCE Election Observation Mission, observing in Minsk and Smolevichi. In its statement, issued the day after the election, the OSCE election observation mission concluded that despite minor improvements, the conduct of the parliamentary elections in Belarus “ultimately fell short of OSCE commitments for democratic elections.” On election day, voting itself was generally well conducted, though the vote count was assessed as bad or very bad in 48 percent of OSCE observations. The experiences of Commission staff on voting day were consistent with those of other OSCE observers. For the most part, the voting itself in the precincts staff visited went smoothly. However, the vote counting process was particularly problematic, given the lack of transparency. All 110 elected members of the Chamber of Representatives of the National Assembly (lower chamber of parliament) are pro-government. No opposition activists from out of 70 nominated by the democratic opposition were elected. The vote count in one Minsk precinct in which Commission staff observed jointly with a Swedish member of parliament was dramatically lacking in transparency. There were three candidates on the ballot in this precinct, including one opposition member. Both the OSCE and domestic observers were hindered from having a full view of the vote counting proceedings. The precinct electoral commission set tables up as barriers about three meters from the tables on which the ballots were being counted. Further obstructing the observers’ view of the ballot count were the electoral commission workers themselves, who were positioned in such a way as to make viewing difficult. Attempts by observers and a proxy of the opposition candidate to clarify which provisions of the electoral code permitted this behavior by the electoral commission went nowhere. All of the ballots – from the early voting, mobile voting, and regular voting were mixed in together. When an OSCE observer took a picture of the vote count, or, more accurately, of the election commission members blocking the vote count, the chairwoman interrupted the count to write a complaint against the observer. After about 20 minutes, the opposition candidate’s proxy notified her that according to Article 55 of the electoral code, “the count must be performed without a break until the results of the voting have been obtained.” Only at that point did the Chairwoman cease writing and resume the count. In the North-East Minsk district that other Commission staff monitored with an Irish senator, the experience was similar. The voting process at the eight polling stations that they monitored was orderly and transparent. The problems came in the counting process. Similar to the reports from other observers, Commission staff and the Irish observer were prevented from standing close enough to watch the vote counting in a manner that allowed them to see the names and other distinguishing information on the ballots, even though the importance of this facet of observation was stressed to the government by the OSCE and the Interior Minister assured observers in a briefing on September 25 that election monitors would be able to watch the counting from a close vantage point. In a far departure from this promise, the precinct officials refused to announce what boxes they were opening during the process. They would lift a box, dump its contents on a table on the other side of the room from where the observers were seated, and ten or so people would crowd around the table to separate the ballots and "count" the votes. Observers could not distinguish which ballots came from early voting versus the ballots cast on election day, or spoiled ballots. They refused to announce the results of the count or record them in the protocol as was delineated in the procedural manual provided by ODIHR. They then huddled with a calculator to tabulate numbers, write them on a piece of paper in complete silence. Afterward, the precinct chair posted all of their numbers on a bulletin board. They then gathered up the ballots and left the building without a word. It is apparent that further legal and cultural changes are required for truly democratic elections to occur in Belarus. Several problems that manifested themselves during the actual voting were that the material used to seal the ballot boxes was easily manipulable and could be removed and put back on (clay dough and a string). In a number of precincts, the early voting ballot boxes were not in plain view, as required by law. Early voting was significant in several precincts, up to 39 percent in one case. Before voting day, there appeared to be a certain willingness on the part of some in the West to give the benefit of the doubt to the authorities, in part due to the minor improvements that had taken place in the election campaign, such as slightly increased access of opposition representatives to district election commissions, and the decision to repeat the airing of the candidates’ five-minute campaign spots on state TV and radio stations. This, together with the release of political prisoners Aleksandr Kozulin, Syarhei Parsyukevich and Andrei Kim (which led to the temporary lifting of U.S. sanctions on two subsidiaries of Belarus’s giant petrochemical conglomerate Belnaftakhim), and Belarussian leader Alexander Lukashenka’s unenthusiastic response to Russia’s occupation of Georgia and refusal to date to recognize South Ossetia and Abkhazia created an atmosphere of optimism that Lukashenka would be willing to take steps towards democratic reform and engage in a dialogue with Europe and the United States. The stark lack of transparency in the vote count was also surprising to many because it flew in the face of Belarusian authorities’ pledges prior to the vote, and it was probably unnecessary. Given the overall election campaign climate, which did not allow for genuine political competition and where the opposition had extremely minimal representation on precinct election commissions, the vast majority of pro-governmental candidates would have won in any event. This is within the context of the wider extremely inhospitable environment for the democratic opposition, in which for almost 15 years the Lukashenka regime has tightly controlled the media; vilified the opposition; repressed the independent media; disappeared, detained, imprisoned, and beaten opposition members and democracy activists; harassed and suppressed non-governmental organizations and, in short, done its best to stifle independent thought. Notwithstanding the EU’s temporary lifting of some visa sanctions against senior Belarusian officials, Mr. Lukashenka may have yet again missed an opportunity to move Belarus towards democratic Europe, which would enhance Belarus’ independence, at a time when it especially needs to be strengthened, given intensifying Russian pressure on Belarus. Notwithstanding the flawed elections, both the United States and Europe have displayed a willingness to continue to engage in dialogue with Minsk and to encourage Belarus to move forward along the path of compliance with freely undertaken OSCE human rights and democracy commitments. The poor quality of the September 28 elections did not facilitate this process, as had been hoped by the West. Nevertheless, if the Belarusian authorities take steps to increase political freedom and respect for human rights, the real possibility exists for a gradual opening in U.S.-Belarusian relations – for Belarus to begin the process of reducing its self-imposed isolation and eventually taking its rightful place among the community of European nations.

  • Iraqi Refugees: A Humanitarian Surge Is Needed for an ‘Invisible’ Humanitarian Crisis

    By Lale Mamaux, Communications Director and Marlene Kaufmann, General Counsel In August, staff of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) traveled to Damascus, Syria and Beirut, Lebanon and met with government officials, non-governmental organizations (NGOs), and religious groups regarding the Iraqi refugee crisis. While it is estimated that approximately 1 to 1.5 million Iraqis have fled to Syria and 50,000 have fled to Lebanon, they are not living in camps, but instead are a mobile population scattered throughout Damascus and Beirut as well as in other urban areas. That fact has made this humanitarian crisis virtually ‘invisible’ to the international community, but not for those Iraqi refugees who remain stranded, jobless, and deprived of essential services with conditions worsening by the day. This deepening crisis threatens to further destabilize the entire region. As the years in exile drag on, Iraqi refugees are becoming more and more desperate and depressed. Those who fled with some resources have by now seen those assets depleted and are reliant on services provided by international organizations and NGOs working in the region. Syria and Jordan host the largest population of Iraqis and do not permit them to work, although many find jobs in the “informal” sector making them targets for exploitation and abuse. As a result, fewer children are enrolling in school as their parents send them out, instead, to find whatever work they can on the street. More women are prostituting themselves, desperate to provide for their children, and domestic violence and alcoholism among this population are on the rise. Syria The bombing of the Golden Mosque of Samara in 2006 led to a mass influx of Iraqi refugees fleeing to Syria, where according to the United Nations High Commissioner for Refugees (UNHCR), approximately 30,000-60,000 Iraqis were crossing the border each month. In October 2007, the government closed its borders to virtually all Iraqis and imposed stringent visa restrictions – requiring Iraqis to apply for visas at the Syrian Embassy in Baghdad. Since February 2008, Syrian immigration sources indicate that the flow of Iraqis has stabilized once again. According to UNHCR, it has registered over 216,000 Iraqis as refugees. Since January 2007, UNHCR has identified over 7,800 at-risk refugee children or adolescents from Iraq, 95 unaccompanied or separated children, and over 5,900 women at risk. Additionally, in 2008 it identified at least 300 survivors of Sexual Gender Based Violence (SGBV). Many Iraqis arriving in Syria are moving into areas such as Masaken Barzeh, Saida Zainab, Jaramana, and Qudssya as well as to other urban localities outside of Damascus (in Aleppo, Homs, Hama, Deir Ezzor, Lattakia, Tartous and Hassaka). Iraqis have placed enormous strains on Syria’s economy and infrastructure and caused an increase in the cost of living (i.e. rent, food, fuel, medical assistance). As Iraqis financial resources continue to diminish and desperation sets in, they face homelessness, child labor, early marriage, and survival sex. With many Iraqis too afraid to return to Iraq due primarily to the personal violence they have experienced, there is more pressure among aid organizations to cope with increasing needs. Education: The Syrian government under the direction of the Ministry of Education allows children from Arab countries living in Syria to attend school. Schools run by the government are free of charge. Currently, according to the government, there are approximately 55,000 Iraqi children enrolled in Syrian schools, a significantly smaller number than was expected. While the admission of Iraqi students is relatively low, it has nevertheless put a substantial strain on an already overburdened school system. The Ministry of Education estimates that there are now 60 students per class and they are working as quickly as possible to build larger schools in order to eliminate the need for children to attend classes in shifts. Basic education in Syria comprises grades 1-9 and school is mandatory until the age of 15. However, if a child has been absent from school for two years they are not permitted to enroll. Unfortunately, this is the case for many Iraqi children in Syria who have not attended school since they fled their homes. Other factors contributing to parents’ hesitancy to enroll their children in Syrian schools include fear of being located by authorities and deported, harassment of Iraqi children by other students, and the fact that many Iraqi families in Syria are quite mobile, moving frequently among neighborhoods. With so many Iraqi youth not in school, many NGOs have expressed grave concern about the future generation of Iraqis who will lack an education and who are hanging around on the streets with nothing to do. Clearly, these young people could be susceptible to influence by groups or individuals who may not have their best interests in mind. Responding to the influx of Iraqi children in school, UNHCR is working in coordination with the United Nations Children’s Fund (UNICEF) and the Syrian Arab Red Crescent (SARC) to encourage enrollment in school. In addition to providing school supplies and uniforms for Iraqi children, UNHCR and UNICEF are working with the Ministry of Education to train teachers and counselors to work with these traumatized children. For example, there are reports of some Iraqi students coming to school with knives and other weapons in their backpacks, and of their sometimes "acting out" in a violent manner -- symptoms of the trauma they experienced in Iraq and during their flight to safety. Unfortunately, these behaviors generate resentment and sometimes violent responses by other students. Currently, the Ministry of Education is only able to provide one counselor for every 250 students. Commission staff also attended a graduation ceremony at the Greek Orthodox Ministry in Damascus for 100 Iraqi children, grades 2-7 (ages 6-12). This was a graduation from a summer program where children participated in activities such as arts and crafts in an effort to express themselves and relieve some stress from the trauma they had faced in Iraq and the uncertainty of their situation in Syria. The graduation ceremony consisted of presentations from teachers and counselors as well as singing and skits performed by the students. Health Care: Commission staff met with the Syrian Assistant Minister of Health, who described the burdens on the health care system as a result of the influx of Iraqi refugees since 2003. The health care system is comprised of 1600 clinics and 70 hospitals, 5 of which offer services free of charge to Iraqi refugees. The Minister estimated that support for the health needs of the refugee community costs the Syrian government an estimated $150 million per year. The government is particularly concerned about communicable diseases and therefore has a mandatory vaccination program for all children. Despite substantial contributions from the European Union, UNHCR and UNICEF during the past two years to establish additional clinics and fund vaccinations, the minister estimated that only 5% of the health needs of Iraqi refugees are being met. Particularly critical are the strains put on services for kidney disease, including dialysis, and heart disease. The minister explained that these services were already quite limited for Syrian citizens. Since 2003, according to the minister, anyone needing heart surgery essentially has to “take a number and wait.” The minister indicated that with the help of the World Health Organization (WHO) the government is also trying to address the increasing psycho-social needs of Iraqi refugees. Two hospitals, one in Damascus and one in Aleppo, are offering these services. Trafficking in Persons/Shelter: The Syrian government is undertaking initiatives to counter human trafficking and is in the process of establishing a shelter for victims of trafficking. Beginning in 2005, the International Organization for Migration (IOM) began holding educational workshops and invited Syrian officials to attend. A governmental committee was formed in 2006 to address trafficking issues, however progress was slow. In 2007, private sector experts advised the committee on counter trafficking measures and, as a result of this public-private partnership, anti-trafficking legislation was drafted. The legislation was endorsed by the committee in late 2007 and was sent to Parliament in June of this year. In coordination with other partners, IOM began raising money for a trafficking shelter. The Netherlands contributed $30,000 Euros, and UNICEF gave $30,000 (USD). The Syrian government has allocated a space for the shelter, however it is in need of major renovations, which are currently under way. The shelter is expected to open in the next 3-4 months and will serve all populations, not just Iraqis. Iraqis, especially women who arrive in Syria as the head of household with no financial resources, are facing extreme circumstances. Since the Syrian government does not allow Iraqis to work, increasing numbers of refugees have resorted to child labor, survival sex, and offering their daughters for short-term or weekend marriages, commonly referred to as “pleasure marriages” to make ends meet. More women and children are facing Sexual Gender Based Violence (SGVB) by their husbands’ or the male head of household. UNHCR, in coordination with partners UNICEF, IOM, the United Nations Population Fund (UNFPA), and United Nations Development Program (UNDP), are working together to assist Iraqi women who have been physically or sexually abused and are in detention. UNHCR is also supporting several safe houses located in Damascus that help abused Iraqi women and children. The Good Shepherd Sisters: Commission staff also met with Sister Marie-Claude Naddaf of the Good Shepherd Sisters in Damascus in order to learn first-hand of the critical work that she and her community have undertaken in support of Iraqi refugees. Sister Marie-Claude described the suffering of the Iraqi people that she sees every day, those who have fled under threat of violence and arrive in Syria in an already traumatized state. Because of the circumstances and the uncertainty of their situation in Syria most Iraqi refugees, including children, suffer from severe stress and depression. Focusing on the needs of children, the Good Shepherd Sisters, in concert with UNHCR and other organizations have provided summer camps outside of Damascus for refugee children to play and relax in a peaceful venue and escape the stresses of their daily lives. The sisters also provide extensive educational and recreational programs for adults and children throughout the year in a community center in Damascus, and have taken the lead in establishing a shelter for women and children and a hotline for abused women. Commission staff also visited the shelter and met with several of the women and children who reside there. Distribution of Food: Food distribution is conducted by the World Food Program (WFP) and UNHCR. Refugees in Syria receive their food and financial distribution every two months from either the Douma or Saida Zeinab distribution centers. The distribution schedule is communicated to refugees through short cell-phone messages, information posted on boards in the Douma Distribution center, or by postings on the food distribution website: http://unhcr.un.org.sy/food.htm WFP provides the following basic commodities in their food baskets: 12.5 kilos of rice, l litre of oil, and 2.5 kilos of lentils. UNHCR provides the following complementary items that coincide with the basic commodities provided by WFP: 1 kilo of sugar, 200 grams of tea, 1 kilo of pasta, ½ kilo of tomato paste, 1 kilo of bulgur wheat, and one box each of soap and washing detergents. In addition to food distribution UNHCR also provides a seasonal distribution of mattresses and blankets. Those Iraqis living outside of Damascus who have registered with UNHCR are able to call a hotline to find out dates and locations of food distribution. Stories of Iraqis in Syria: Commission staff met with Iraqi refugees serving as outreach coordinators for UNHCR to gain a better understanding of their hands-on work in the community. The coordinators have a direct line of communication into the Iraqi community in Syria, including with those who have not registered with UNHCR, and they serve as a trusted go between for UNHCR and the community. During the meeting the coordinators spoke of the dire circumstances facing Iraqi refugees in Syria and also shared their personal stories. One coordinator explained that her husband was killed in Iraq and that one of her sons was picked up by U.S. military personnel and another son was kidnapped by a militia group – both were tortured. Fearing for her life, she fled to Syria. Another coordinator told staff that three of her cousins were killed by U.S military personnel because they were accused, wrongly according to the woman, of being terrorists. In addition, staff participated in a resettlement interview with an Iraqi family at UNHCRs Registration and Distribution Center in Douma. The family had owned a jewelry store in Baghdad and fled Iraq after one son was kidnapped and beaten by his captors. After this incident, the family first fled to another neighborhood in Baghdad where they thought they would be safe. However, shortly after the move their home was raided by militia who gave them three days to leave or be killed. The family then fled to Syria. The father made his way to Sweden, while the mother was left to care for her four children in Syria. During the interview it was revealed that the family has now been in Syria for two years, their savings are almost completely diminished and the mother is working as a seamstress to try to make ends meet. The youngest child suffers from post-traumatic stress disorder after a gun was pointed at him during the raid on their home in Baghdad. Only one of the four children has attended school in the past two years and only for several months because she was severely bullied and harassed by the other children. LEBANON Lebanon, a small country of 4 million people, has opened its doors to 50,000 Iraqi refugees, many of whom came after the 2006 bombings in Samara. Roughly 51 percent of Iraqis in Lebanon are Shi’a Muslims, 19 percent are Chaldean Catholics, and 12 percent Sunni Muslims. UNHCR has registered over 10,400 Iraqis since June 2008. In 2007, UNHCR resettled 450 Iraqis to the United States, Sweden, Canada, Australia and other countries. They expect to resettle 1500 refugees in 2008. Iraqi refugees in Lebanon face many challenges, however it is a better economic environment than in other host countries. Unlike Jordan and Syria, Iraqis in Lebanon can work if they obtain a work permit. The educational needs among Iraqi children in Lebanon are quite dire as 42 percent have not completed elementary school, 40 percent of Iraqi children between the ages of 6 and 17 are not enrolled in school due to the high cost of tuition and the need to help provide for their families. It is estimated that, in 2007, only 1,200 Iraqi children were enrolled in school. Health care needs among Iraqis remain constant and medical care cannot be easily accessed in Lebanon due to its exorbitant cost. NGOs and other charitable organizations are able to provide coverage for only 24 percent of serious medical cases. As Commission staff found during a visit to Jordan and Turkey last March, many Iraqis in Lebanon are experiencing psycho-social issues due to the stress of their displacement and the unstable environment they encounter in their host countries. This stress has contributed to a rise in domestic violence and drug and alcohol abuse among the refugee population. Migrant domestic workers in Lebanon are a vulnerable group as well with an estimated 200,000 in the country, approximately 100,000 who arrived illegally. These domestic workers are primarily women from Southeast Asia and Africa – Sri Lanka, The Philippines, Ethiopia, and Madagascar – and are brought to Lebanon by employment agencies working in those countries. These agencies frequently promise “fee paid” employment in a secretarial capacity or in sales. The agencies typically charge the employer $1,500 to bring the domestic worker to Lebanon. Upon arrival, many employers take the women’s passports; force them to work long hours, frequently without pay; and often abuse them. Unhappy about how their people are being treated, the Philippine and Ethiopian Embassies have placed restrictions on employment in Lebanon for their citizens. Caritas Lebanon Migrant Center: Established in 1994, the Caritas Lebanon Migrant Center (CLMC) has as its mission “to strengthen and protect the human rights of migrants, refugees and asylum-seekers in Lebanon.” To date, the Center has assisted more than 100,000 individuals through services such as social and legal counselling and assistance; humanitarian, medical and emergency assistance; orientation seminars for migrants; temporary shelter and safe houses; summer camps and other recreational activities; vocational training and reintegration programs, as well as advocacy efforts with the public and relevant government agencies. In the early 1990s, CLMC worked exclusively with migrant populations, primarily Sudanese. Iraqis began to arrive in 1997, primarily from the Shiite and Christian communities, seeking work and resettlement in Europe or Australia. In 2003, the number of Iraqis entering Lebanon increased substantially and many sought assistance from CLMC. With funding from the U.S. government, CLMC began a program to provide medical support to the refugees, many of whom were suffering with cancer and chronic diseases and had no access to public medical facilities in Lebanon. CLMC negotiated with public hospitals and clinics to establish a treatment program for the refugees. They were also able to arrange reduced-cost treatment with some private hospitals, particularly for those afflicted with cancer and heart disease. CLMC also provides a wide array of educational programs for children and adults. Most Iraqi children are unable to attend school in Lebanon due to the language barrier. Many also frequently “act out” aggressively due to the psychological trauma caused by their circumstances. CLMC provides informal classes and vocational training for children, as well as summer camps where counsellors work with the kids in a relaxed atmosphere to address their unique psychological needs. CLMC undertakes assistance programs for women as well. To date, they have held 160 seminars to train outreach workers for the migrant worker and refugee communities and as a result now have 800 women working in locations nation-wide. The Center has established a shelter for abused women and one for victims of trafficking (described below). In coordination with UNHCR, CLMC provides legal assistance to the refugee and migrant worker community. They currently retain two full-time and ten part-time attorneys and have successfully prosecuted a substantial number of abuse cases on behalf of those who have sought shelter with CLMC. In addition, as described below, Caritas, working with UNHCR and other NGOs, successfully negotiated an amnesty for detained Iraqi refugees, giving them the opportunity to seek employment and regularize there status. Detention Facility Visit: Commission staff visited a detention facility operated by the General Directorate of General Security (General Security) – the governmental authority in Lebanon responsible for the legal status of foreigners in the country. The facility holds those Iraqi refugees and migrant workers who entered the country illegally and are without documentation. It is located under a freeway in downtown Beirut and was constructed from a parking garage. The conditions in the facility are deplorable, yet are much improved from several months earlier, due in large part to the work of NGOs, such as the Caritas Lebanon Migrant Center (CLMC), in coordination with General Security. The air-intake vents, only recently installed through the efforts of Caritas, circulate air into the underground facility. Unfortunately, due to the center’s location under the freeway, the air is filled with exhaust from automobiles traveling above. Inside, fans are placed throughout to further circulate the air into the cells where detainees are held. There is no sunlight, lighting is very dim and temperatures are extremely hot in the summer and cold during the winter. The facility contains 13 cells with roughly 40 individuals housed in each cell. Detainees sit on the floor of the cell on mattresses which also serve as their beds. They are allowed to leave their cells, but not the detention facility, on very rare occasions – such as laundry detail or to receive medical treatment – and never leave the facility until their release. There is a bathroom and a separate shower in each cell which are enclosed; however there is virtually no privacy. Women are housed together according to their nationality and men are housed alphabetically. The average length of stay can range from one month to over a year, depending on the length of time it takes to arrange deportation or voluntary departure. CLMC has played an instrumental role in helping to improve the dire conditions of the facility. Prior to their intervention, detainees had no bathrooms, showers or mattresses to sleep on. Furthermore, they were unable to have their clothes washed and were living in utter filth. Working closely with General Security, CLMC now has several full-time staff working 24-hours a day in the facility with detainees. Additionally, CLMC was able to put bathrooms and showers in each cell, provide mattresses for each detainee, purchase a washer and dryer to clean the detainees’ clothes and bedding , and provide 3 hot meals per week. Human Rights Watch released a report in November 2007 entitled, ‘Rot Here or Die There: Bleak Choices for Iraqi Refugees in Lebanon,’ showing the conditions that Iraqi refugees face in Lebanon if they are without documentation. In response to the report and pressure from other NGOs, General Security agreed in 2008 to release all Iraqis detained for illegal entry and allowed them to go through the existing regularization process once released. UNHCR, in coordination with its implementing partner Caritas Lebanon, supported this directive by assisting refugees with the initial regularization fee of $600, as well as providing legal advice and counseling. After being released, Iraqis have 3 months to regularize their status which requires them to find an employer who will sponsor them for a work permit. The government has recently extended this period to 6 months with the overall number of arrests declining. This decision benefits not only Iraqi refugees, but all foreigners including refugees and asylum seekers of other nationalities who have entered Lebanon illegally. Visits with Iraqi families: Commission staff had the opportunity to visit Iraqi families in their homes in eastern Beirut. The families shared their tragic stories with staff and the circumstances in which they are living in Lebanon. While all expressed relief to be safe from the violence in Iraq, they are faced with a great deal of uncertainty about the future and a severe lack of resources. Their compelling stories follow: CASE A: Hana has 4 children. She is the head of her family since her husband was kidnapped in Iraq. The family came to Lebanon legally in December 2007. Hana’s eldest son was in his first year of medical school in Iraq when he received many threats. One day, while walking home from work, her son and his friends were attacked and her son was shot in the arm, his friend was shot in the face. Hana's son was able to make it to the family home; however, they had no medicine with which to treat his wounds. Hana's husband went to the pharmacy for medicine and was kidnapped, never to be heard from again. The family searched relentlessly for him in hospitals and police stations to no avail. With no news, a family member urged them to leave the country immediately for fear of another attempt on the life of the son. Hana's son is currently incapacitated because of his injured arm, however he was able to receive reconstructive surgery in February. Only one family member is currently able to work and the income is insufficient to meet their needs. However, during the visit Hana informed Commission staff that the family had just been notified by UNHCR that their case was approved for resettlement to the United States. CASE B: Rita, mother of 2 boys, is the head of the family since her husband was kidnapped in 2006 while she was pregnant. She came to Lebanon legally with her unmarried brother in June 2008. Her husband was a driver for the U.S. military. He received threatening letters, but never took them seriously. Rita’s mother had fled to Lebanon before her daughter after her own husband was murdered. Rita’s brother was traumatized by his father’s death and suffers from psychiatric complications. The family has no financial resources. Just two days prior to the meeting with Commission staff Rita had found a job in a textile factory working from 7 a.m. to 6 p.m. CASE C: Rana is a widow and the mother of 3 children. She came to Lebanon legally in May 2008. Her husband was a driver for the Christian Archbishopric in Iraq and was murdered in February 2008. Rana is severely traumatized. She is unable to care for herself and her children or to provide for them financially. Rana’s mother, who lives with her, suffers from cancer; she will be leaving soon for the United States. Rana hopes that she and her children can also be resettled to the U.S. with her mother. Caritas Shelter for Victims of Trafficking: In 2003, Caritas began implementing a program funded by the U.S. Department of State (G/TIP) for victims of trafficking. The program involves extensive cooperation with the General Security agency in Lebanon. According to Caritas, women migrant workers who are victims of trafficking have access to a safe house where they are able to escape their situation and consider future options, receive medical care, basic needs assistance, trauma counseling, legal aid, and counseling for future options in a supportive environment, and possible return to their country of origin or to a safe work situation in Lebanon. A 2005 survey conducted by Caritas/IPSOS found that 55 percent of migrant domestic workers in Lebanon face physical abuse, 39 percent are verbally abused and 17 percent are sexually abused. During the visit, staff met with a woman who had been brought to Lebanon to work for a wealthy family and faced unimaginable torture and abuse. As she recounted her story, she trembled with fear of the horror that she lived for five months before escaping. Upon arriving in Lebanon, her passport was taken, she was forced to work long hours without pay and was typically fed very little food. She was locked inside the house when the family for whom she was working was not at home. In addition to facing the aforementioned abuse, family members would take turns holding her down on the floor and burning her bare skin (body and face) with a hot iron. After enduring this severe trauma and torture for months, she escaped one day when the family was not home by jumping from a second story window. She has been living in the Caritas shelter since her escape. The International Catholic Migration Commission (ICMC): ICMC is the U.S. State Department's representative for processing refugees in Lebanon and works closely with the U.S. Embassy in Beirut and representatives of the Department of Homeland Security (DHS), in the conduct of screening interviews for those Iraqi refugees and others who seek resettlement to the United States. Just prior to the Commission staff visit, a DHS “circuit ride” of interview staff had been in residence at the Embassy compound conducting security interviews under very difficult circumstances – for both DHS and embassy staff. Security concerns require that all interviews must take place on the Embassy compound. Due to substantial space limitations and to ensure privacy for those being interviewed, Embassy and DHS personnel are required to operate in shifts, some lasting late into the night, in order to accommodate all applicants who travell to the Embassy each day. Under these trying circumstances, DHS personnel were nevertheless able to interview 920 applicants in a four week period. ICMC staff expressed gratitude not only for the DHS staff's fortitude under this grueling schedule, but also for their professionalism and compassion in dealing with those being interviewed. In order to alleviate these conditions, State and DHS should explore the possibility of permanently assigning one or two DHS interviewers to Embassy Beirut and providing additional housing and work space to accommodate their activities. Cultural Orientation: ICMC and the United States Refugee Program (USRP) conduct an intensive two day cultural orientation for Iraqi refugees who will be resettled to the United States. The cultural orientation is designed to provide Iraqis with a better understanding of what to expect once they arrive in the U.S. The following topics are covered in the ICMC-USRP cultural orientation training program: Cultural differences. The departure process and airport regulations. The nature of the IOM travel loan and the obligation to pay it back after arrival to the U.S. The responsibilities of the Resettlement Agency and the refugee during the first ninety days after the refugee’s arrival in the United States. Information on a refugee’s legal status until the acquisition of citizenship, including rights and restrictions of each status. Information on housing and transportation in the United States. The importance of learning and obeying the laws of the United States at federal and state level and the consequences of violating U.S. law. Information on the child and adult education system in the United States and the importance of learning English. The importance of finding and holding a job and understanding work values in the United States. Information on the health care system in the United States. Information on money management. Commission staff participated in an afternoon session during the first day of orientation for a group of Iraqis who had been approved for resettlement to the U.S. During the session participants raised the following questions: I have an international driver’s license; will that work in the United States? If both parents must work, who will watch the kids? Can I work right away when I get to the United States? Staff asked the group how they felt about relocating to the United States, (e.g. nervous, happy or fearful). Those who replied generally expressed apprehension. One gentleman said he won’t know until he’s “on the plane.” CONGRESS In July, Helsinki Commission Chairman, Congressman Alcee L. Hastings introduced the Iraqi Refugee and Internally Displaced Persons Humanitarian Assistance, Resettlement, and Security Act (H.R. 6496), comprehensive legislation that addresses this worsening situation. H.R. 6496 has been endorsed by more than 25 NGOs and religious organizations and does the following: Authorizes $700 million for each fiscal year beginning in 2009 through 2011 for the relief of Iraqi refugees and Internally Displaced Persons; Increases direct accountable bilateral assistance, as appropriate under U.S. law, and funding for international organizations and non-governmental organizations working in the region; Authorizes $500 million to increase humanitarian aid and infrastructure support for Jordan; and Urges increased cooperation between the United States Government and the international community to address this crisis. CONCLUSION Iraqi refugees in Syria, Lebanon and elsewhere in the region continue to suffer daily and are faced with unimaginable circumstances. While the American public does not see pictures of ‘refugee camps’ set up in host countries, there are millions of Iraqis struggling to survive each and every day. On the ground, desperation has set in and only worsened this humanitarian crisis. The politics of the war must be put aside by Congress and a ‘humanitarian surge’ must be implemented. This means the provision of substantially increased bi-lateral aid, as appropriate under U.S. law, to countries hosting Iraqi refugees and increased funding to international organizations and NGOs working in the region. A U.S. contribution of at least fifty percent of the amount requested for all UN appeals for funding to assist Iraqi refugees, and IDPs, would show U.S. leadership in addressing this crisis, and hopefully encourage increased contributions by other countries as well. The process for resettling Iraqi refugees to the United States must also be expedited. This is particularly critical for those Iraqis whose lives have been threatened because of their work for the United States. The United States should also show leadership in encouraging the international community to focus on this humanitarian crisis, recognize it for the potential security threat it poses, and take steps to alleviate the suffering Iraqi refugees. If a picture is really worth a thousand words, then all one must do is look into the face of an Iraqi refugee who has had a family member murdered, kidnapped, or tortured, and their own life threatened, to know that the United States must respond – security in the region and the future of the Middle East depend upon it.

  • U.S. Congressional Delegation Visits Kazakhstan for OSCE Parliamentary Assembly Annual Session

    By Robert Hand, Policy Advisor Eleven Members of the U.S. Congress represented the United States at the Seventeenth Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA), hosted by the Parliament of Kazakhstan from June 29 to July 3. This year’s Annual Session brought 227 parliamentarians from 50 of the 56 OSCE States together in Astana to discuss a variety of issues of importance. The designated theme for this year’s gathering was “Transparency in the OSCE.” The U.S. Delegation was led by Representative Alcee L. Hastings (D-FL), Helsinki Commission Chairman. Senator Benjamin L. Cardin (D-MD), Helsinki Commission Co-Chairman, served as the deputy head of delegation. Other Helsinki Commissioners who also participated include Representatives Robert B. Aderholt (R-AL), Mike McIntyre (D-NC), Hilda L. Solis (D-CA) and G.K. Butterfield (D-NC). They were joined by Representatives Zach Wamp (R-TN), Loretta Sanchez (D-CA), Diane Watson (D-CA), Madeleine Z. Bordallo (D-GU) and Gwen S. Moore (D-WI). OSCE PA Operations Reviewed Prior to the Annual Session, the Standing Committee, which is the leadership body of the Assembly composed of the Heads of Delegations representing the OSCE participating States and the elected officers, met to review OSCE PA work from the past year and to pass a budget for the next. Chaired by the OSCE PA President, Swedish parliamentarian Goran Lennmarker, the committee heard reports from the Assembly’s Treasurer, German parliamentarian Hans Raidel, and from the Secretary General, R. Spencer Oliver of the United States. The Assembly continues to operate well within its overall budget guidelines and to receive positive assessments from auditors on financial management. The Standing Committee unanimously approved the proposed budget for 2008/2009, which provides for increased expenditures of just under seven percent to cover inflation and a small increase in secretariat staff. The Standing Committee also heard reports from the Special Representatives of the OSCE PA on a variety of issues of concern. Chairman Hastings presented a summary of his activities as Special Representative on Mediterranean Affairs, which included a recent Helsinki Commission hearing, a briefing on the plight of Iraqi refugees and a congressional visit to Israel in May, marking the country’s 60th anniversary. Similarly, Rep. Solis spoke in her capacity as the Special Representative on Migration, highlighting recent Commission hearings on women migrants and on regional impacts and opportunities for migrants. Rep. Christopher H. Smith, the Special Representative on Human Trafficking Issues, was unable to be present in Astana and asked that his written report be circulated to delegations. It highlights visits to Bosnia, Romania, Russia and Ukraine as well as a recent Commission hearing on combating the sexual exploitation of children. Senator Cardin attended the Standing Committee in his capacity as an OSCE PA Vice President. As Head of the U.S. Delegation at the Standing Committee, Chairman Hastings welcomed the decision of the Assembly to hold an event in Washington on the upcoming U.S. elections immediately following a September meeting of the OSCE PA in Toronto, Canada. U.S. Delegation Active on Issues With the Standing Committee’s business concluded, Assembly President Lennmarker opened the Inaugural Plenary Session, noting the importance of holding its first Annual Session in the Central Asian region. The delegates were, in turn, welcomed by Kazakhstan’s President, Nursultan Nazarbayev, who noted the importance of parliamentary diplomacy in democracy-building and further humanitarian and legal norms. The two Speakers of the Kazakhstan Parliament, Kassym-Jomart Tokayev of the Senate and Aslan Mussin of the Mazhilis, also addressed the delegates. OSCE Secretary General Marc Perrin de Brichambaut of France reviewed the work of the OSCE and took questions from the parliamentarians. Members of the U.S. Delegation actively participated in the work of the Assembly’s three General Committees: Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. Each committee considered a draft resolution as well as 18 supplementary items circulated by delegates prior to the opening of the Astana meeting. One additional supplementary item was considered during the opening plenary. Five of the supplementary items were resolutions proposed by members of the U.S. Delegation: Encouraging Transparency in the Extractive Industries, by Co-Chairman Cardin; Recognizing the Economic, Civic and Social Contributions of Mirgrants, by Rep. Solis; Strengthening Efforts to Combat Trafficking in Human Beings and Addressing the Special Needs of Child Victims by Rep. Smith (and, in his absence, Rep. Wamp); Urging Adoption of the Paris Club Commitment Regarding Vulture Funds by Rep. Moore; and Expressing Concern Over the Security Environment in Georgia by Chairman Hastings. All were adopted with few if any amendments. The Georgia resolution, while timely, was also controversial. Parliamentarians from Russia strongly opposed the resolution on Georgia, as did some European parliamentarians, but Chairman Hastings remained firm. He pointed to the moderately worded text and noted past willingness of U.S. delegates to consider and support as warranted resolutions critical of U.S. policies. Recent Russian action in the Caucasus was of sufficient concern to a majority of the delegates present that the resolution was ultimately adopted. U.S. delegates were also instrumental in garnering support for Supplementary items by others, including a Canadian resolution on Afghanistan, a Ukrainian resolution on Holodomor (Ukrainian Famine-Genocide), and a Belgian resolution on Combating the Sexual Exploitation of Children. In addition, the U.S. Delegation introduced 20 amendments to various resolutions, covering issues from pollinator decline to religious freedom. Virtually all of them were adopted, and by dividing its work almost every member of the U.S. Delegation managed at least one resolution or amendment in committee. Rep. Gwen Moore was especially active, with her own supplementary item and numerous amendments, including those calling for international action to reduce maternal mortality, which will serve as a basis for a resolution at next year’s Annual Session. Belgian Senator Anne-Marie Lizin presented a report in committee on her latest activity as the OSCE PA Special Representative on Guantanamo Bay. Rep. Butterfield responded for the U.S. Delegation, expressing appreciation for her work and describing the latest Supreme Court, congressional and non-governmental efforts dealing with this stain on the U.S. human rights record. Rep. Solis served as Acting Chair of the General Committee on Democracy, Human Rights and Humanitarian Questions during the Annual Session, and she was subsequently elected to be the committee chair for the coming year. Rep. Solis is the first female Member of the U.S. Congress to hold a leadership position in the OSCE PA. The OSCE PA Special Representative on Gender Issues, Tone Tingsgaard (Sweden), hosted a working lunch to discuss gender issues during which she presented her thoughts for future action in the OSCE PA on these issues. The U.S. Delegation was well represented at this event. Declaration Adopted, Leadership Elected The final Astana Declaration was adopted by the participants at the Assembly’s closing plenary and reflects the initiatives and input of the U.S. Delegation. In line with the theme for the session, it calls for greater transparency in numerous fields, such as political or historical archives and the use of private military contractors, as well as within the OSCE itself. The declaration also calls for concrete steps to address global climate change, improve waste management and prepare for potential nuclear accidents and natural disasters. The full text of the Astana Declaration can be found here on the OSCE PA website. Mr. Joao Soares, a parliamentarian from Portugal, was elected to serve as OSCE PA President for the coming year. Soares brings to the office extensive experience, having been a member of the Portuguese parliament from 1987 to 1990 and again since 2002, formerly a member of the European Parliament and of the Bureau of the European Parliament, and the mayor of Lisbon from 1995 to 2002. The delegates at the Annual Session also re-elected Pia Christmas-Moeller of Denmark as a Vice president of the Assembly along with three new Vice Presidents: Kassym-Jomart Tokayev of Kazakhstan; Wolfgang Grossruck of Austria and Oleh Bilorus of Ukraine. The Eighteenth Annual Session of the OSCE Parliamentary Assembly will be held in July 2009 in Vilnius, Lithuania Needed Focus on Kazakh Hosts While the Delegation’s work focused heavily on OSCE PA matters, the venue presented an opportunity to advance U.S. interests and express U.S. concerns with our Kazakhstani hosts. The U.S. Delegation had meetings with President Nursultan Nazarbayev, Prime Minister Karim Masimov and Secretary of State Kanat Saudabayev as well as with prominent Kazakh human rights activists and opposition leaders. Members of the delegation also visited Beit Rachel, the largest synagogue in Central Asia, and met with the chief rabbi and the deputy imam from the Islamic community to discuss inter-faith tolerance and protection of religious freedom in Kazakhstan, especially for religious minorities. The U.S. delegation held a press conference in Astana, during which Members conveyed their willingness to work with Kazakhstan throughout its OSCE chairmanship in 2010. They strongly urged, however, greater progress regarding human rights and political reforms in keeping with the commitments Kazakhstan made at the Madrid OSCE Ministerial in November 2007, where the decision on the 2010 chairmanship was made. Ongoing OSCE PA Activity The Parliamentary Assembly does not surface once every July but remains continually active throughout the year. A Fall Meeting will be held in September in Toronto, Canada, which will include a special focus on Mediterranean issues and on trade, security and migration. President Emeritus Lennmarker, who has been selected by President Soares to serve as a OSCE PA Special Representative for Georgia, will address the delegates about his first-hand observations about the conflict in that country. In February 2009, the Assembly will have its annual Winter Meeting in Vienna, Austria, to review OSCE work and debate selected topics of common concern. The OSCE PA leadership also meets in the Spring in Copenhagen and in conjunction with the annual OSCE Ministerial, held in the country currently chairing the organization. In between, the OSCE PA continues to play a leading role in election observation in the OSCE region and participates in numerous OSCE meetings, especially through its representation in Vienna, as well as in inter-parliamentary seminars and conferences throughout the year.  

  • Ingushetia: The New Hot Spot in the North Caucasus

    By John Finerty, Staff Advisor According to the official version from Moscow, the secessionist war in Russia's North Caucasus republic of Chechnya is over. A handful of irreconcilable Islamic jihadisti may be holding out somewhere in the hills, but life has returned to normal for the great majority of Chechen people. To be sure, nowadays the most active theater of operations for the Chechen resistance appears to be the Internet. By dint of overwhelming numbers and firepower, and the use, on occasion, of brutal scorched-earth tactics (think Ireland, and the Black and Tans with more lethal weaponry), Moscow has restored a semblance of order in Chechnya and turned the reins of power over to a menacing Chechen satrap, Ramzan Kadyrov, and his small army of paramilitaries. However, the image of normalcy - embodied in photos of Chechnya's capital, Grozny, once again bustling with traffic and business - has proven deceptive. Guerrilla ambushes against Russian security forces, pro-Moscow militia, and local government officials still take a persistent, though numerically small, toll. Moreover, the violence -- in small-scale actions and occasional large-scale armed forays -- has now spread beyond the borders of Chechnya into the neighboring North Caucasus republics. The civilized world still grieves over the more than 300 children and adults who died as a result of the September 2004 assault on a school in Beslan, North Ossetia, by Chechen terrorists and their sympathizers. Further west, in Nalchik, capital of the Kabardino-Balkaria Republic, an attack in November 2005 by militant Islamic insurgents on Russian security forces and local police left approximately one hundred dead. Directly east of Chechnya, in the Republic of Dagestan (Land of Mountains), "[K]idnappings and violence are commonplace. Firearms are ubiquitous and assassinations are a regular event" (BBC, March 2008). Many experts maintain that even without the Chechen uprising next door, and the related armed intrusions into Dagestan, this impoverished republic would still be plagued by violence and instability. In any event, pervasive corruption, together with religious and ethnic rivalries, has produced a landscape of lawlessness in which police officers have often been the target of choice. But the republic that has reverberated most tragically with the echoes of violence in Chechnya is Ingushetia, bordering directly on Chechnya's west. It is here, Moscow claims, that Chechen partisans and Islamic radicals have established a second front to continue their insurgency against the Russian central government. However, many human rights advocates and Ingush activists charge that Moscow’s heavy-handed response has produced a wave of violence and lawlessness against innocent citizens that is exacerbating, rather than ameliorating, the situation. According to a June 2008 report by Human Rights Watch, "Beginning in summer 2007, insurgents' attacks on public officials, law enforcement and security personnel, and civilians rose sharply [in Ingushetia]." These attacks, in turn, have led to brutal retaliation by the authorities and several seemingly senseless and unsolved murders of non-Ingush residents in the republic. According to the respected Russian human rights organization, "Memorial," at least 400 persons disappeared in Ingushetia between 2002 and 2006. The effect is such, argues Human Rights Watch, that Ingushetia is beginning to resemble the Chechnya of former years. The situation in Ingushetia was exacerbated in 2002 when Moscow replaced the popular president, retired Lt. Gen. Murad Aushev, with a Kremlin favorite who is disliked by many residents for his repressive policies and inability to deal with the growing disorder in the republic. At this time, a petition campaign is taking place in Ingushetia to have Aushev restored to his post. Against this backdrop, the Commission on Security and Cooperation in Europe held a briefing on June 19th, 2008, entitled "Ingushetia: Russia's New Hot Spot in the Caucusas." The former head of the Chechen-Ingush office of the Russian human rights organization "Memorial," Eliza Musaeva, stated that since 2004, the year of the Beslan tragedy, Ingushetia has become unofficially a venue for Russia's counterterrorism operations, and subsequently a "hotbed of kidnappings." In response to the guerrilla attacks against government officials and facilities, she maintained, local law enforcement and security personnel frequently arrest innocent citizens for terrorism and try to physically coerce confessions out of them. However, when cases go to trial, juries sometimes refuse to convict, which has led to a change in police tactics. "They simply kidnap and kill those people who otherwise would have gone on trial,” Musaeva stated, "and these murders do not occur in the middle of the night. They occur in broad daylight." Moreover, "When families seek investigation of the murders of loved ones by police," she said, "the deceased are accused of resisting arrest." In November of last year, a six-year-old boy was killed by security forces during a raid on a home in search of militant Islamic insurgents. Grigory Shvedov, editor of the daily news website "KAVKAZSKY UZEL" (CAUCASUS KNOT) presented a picture of the North Caucasus as a region of diminishing federal control in Russia. The ruling elites make a show of loyalty to Moscow, but essentially run their bailiwicks as they see fit, i.e. with an enormous level of corruption. According to Svedov, the improper collection of taxes, lack of an independent judiciary and absence of political and legal freedoms, is radicalizing the populations of the North Caucasus regions, in some cases turning them to religious radicalism. In reality, he stated, "we see that active resistance is something which is really, really spread in the region." The rebels, he said, were not numerous - perhaps 200 in Ingushetia -- nor well organized, but they enjoyed significant and growing support from the civilian population (illustrating a familiar cycle in low-intensity conflicts: harassment and brutality by government forces against a civilian population suspected of supporting the resistance, creating increased popular support for the resistance because of the mistreatment meted out by the government forces.) Magomed Mutsolgov, chairman of the Ingushetia-based NGO "MASHR" ("Peace"), discussed the territorial conflict that broke out with North Ossetia in 1992 and the approximately 14,000 refugees left homeless as a result. According to his statistics, one hundred fifty-eight people have disappeared in Ingushetia since 2002, and over 700 have been murdered. "Unfortunately," he continued, "we have a lot of evidence that indicates that in the vast majority of those incidents, the law enforcement agencies were involved." Mr. Mutsolgov, whose brother disappeared in December 2003, stated that none of the criminal cases instituted after a kidnapping have been completed. There had been a considerable drop-off in the number of kidnappings over the last 12 to 18 months, he pointed out, but this welcome statistic has been offset by an increase in the number of murders. "All of this is made possible by the fact that officers of the law enforcement who participate in kidnapping and murders are above the law," he charged. In late July, an employee of the “MASHR” website, Zurab Tsechoyev, was abducted from his home and severely beaten by unknown persons who questioned him about the publication on the internet of a list of FSB operatives in Ingushetia. During the question and answer period, some of Mr. Mutsolgov's points were challenged by a member of the audience who is a native of North Ossetia, an indication that not all public discontent is directed exclusively at Moscow, (although the genesis of the territorial dispute between Ingushetia and North Ossetia goes back to Stalin's policy of juggling of ethnic groups and geo-political boundaries). The reports of sporadic ambushes and bombings, security sweeps, disappearances, and extrajudicial killings that continue to emerge from the North Caucasus confirm the picture painted by the Commission panelists. The weekly tolls of dead and wounded may be insignificant when compared with those at the height of the Chechen wars but, to use the phrase that Mikhail Gorbachev once applied to Afghanistan under Soviet occupation, the North Caucasus has become a "bleeding wound" that Moscow appears powerless to stanch.

  • Srebrenica: Confronting the Past, While Embracing the Future

    By Cliff Bond, Senior Advisor (Note: The author, a member of the Helsinki Commission staff, was made available to the international community's High Representative in Bosnia and Herzegovina to serve as an envoy on issues relating to Srebrenica. This article reports on his experiences and his thoughts about the future of this community.) As I conclude my one-year mandate as Envoy in Srebrenica, I wanted to share some thoughts about this community and Bosnia’s future. The commemoration of the thirteenth anniversary of the Srebrenica genocide on July 11 was marked by a solemn ceremony and the burial of more than three hundred victims at the Srebrenica-Potocari Cemetery and Memorial Center. The remains of these victims had recently been identified through DNA-testing by the International Commission on Missing Persons. That ceremony and the continued search to find and identify the victims of genocide underscore the importance of the local and international authorities working constructively together to provide support to Srebrenica. The end of my mandate is not the end of international engagement there. The Office of the High Representative and the American Embassy in particular will remain active on the ground. Much more needs to be done, but I believe over the past year Srebrenica has begun to move in a positive direction. Of course, Srebrenica will remain a sensitive and potent factor in the political life of Bosnia and Herzegovina. Political leaders acted wisely in early May to adopt a one-time amendment of the election law so as to permit Srebrenica’s pre-war residents to vote in the municipality at the October local elections. Because of changes in voter registration procedures many former residents, who now live outside the community, would not have been able to cast an absentee ballot. This would have assured a victory and control in the municipality to Bosnian Serb parties. This is an outcome that many saw as an unacceptable confirmation of the war-time policies of ethnic cleansing and genocide. The change in the election law is an appropriate step; it empowers Srebrenica’s survivors, and rightly so. Political parties must now respond by nominating competent candidates for municipal office – people who can work to unite Srebrenica’s citizens. Amending the election law is not in itself a long-term solution to the political challenges facing Srebrenica, nor does it create enduring conditions for Serbs and Bosniaks to feel that they have a common future in this municipality. One idea that has been discussed by local authorities is a change in the municipal statute - not to give Srebrenica “special legal status” outside the Republika Srpska (RS), but to introduce procedures for consensus decision-making in the work of the municipal assembly. This can be done in ways that conform to existing law. While such a change may be difficult to adopt during an election period, it deserves further consideration. Srebrenica’s problems can only be addressed on the basis of dialogue; they cannot be addressed through confrontation. In an important step, local community leaders, with the support of the RS government, have been discussing the establishment of a Dialogue Center in Srebrenica. Such a Center could serve as a permanent, independent forum for inter-ethnic communication and attempts at reconciliation. The idea should receive international support. Srebrenica’s authorities are currently searching for an NGO that can assist them in developing a concept and strategy for establishing the Center. Last September the state-level Council of Ministers approved an $8.3 million package of infrastructure and other support for the municipality. Unfortunately, there were delays in its implementation. These were related to the limited capabilities of the municipality to carry out project design and other required technical procedures on these projects. The package is finally being realized. As these difficulties are overcome and as these monies are spent effectively, there is a prospect of further funding by the Council of Ministers. The RS and the Federation, the two sub-entities recognized in the Dayton Peace Accords, are also considering additional investment in the community. Srebrenica’s future can best be secured through economic development. International donors must continue to coordinate their assistance efforts and ensure that these programs have a visible impact that addresses the community’s priorities. The key to creating more economic opportunity in Srebrenica is private investment and job creation. I am happy to report that USAID has appointed a full-time business consultant, resident in Srebrenica, who will work with the municipality to promote new business and follow up on the Investment Conference that was organized last November for the municipality. Developing the region’s natural resources, particularly the mineral waters of the Crni Guber Spa, and promoting cross border trade in agriculture should be priorities. This is why we are working to open a border crossing at Skelani on the Drina River for seasonal trade in agricultural goods. This would make Srebrenica a bridge to wider economic cooperation with Serbia and the Balkans. Srebrenica’s future also depends on the provision of justice. The apprehension of Radovan Karadzic by Serb authorities earlier this week is an important step. Hopefully, he will be rendered to the Hague Tribunal in the very near future. The delay in his capture and the failure of local and regional authorities to apprehend other indicted war criminals, such as Ratko Mladic, and the late start in investigating persons on the so-called “Srebrenica List,” a purported list of RS police and military officials present in Srebrenica in July 1995, will continue to hamper efforts at reconciliation in Bosnia and throughout the region. This is why the Peace Implementation Council, the body supervising implementation of the Dayton Accords, has insisted that Bosnia at last develop an effective National War Crimes Strategy that sets clear standards and priorities for investigating and prosecuting war crimes. We, both local and international authorities, have common responsibility to accomplish these steps as quickly as possible. Together we can help the residents of Srebrenica confront the past and in doing so help them to embrace the future.

  • Uzbekistan Three Years after the Andijon Massacre: A land where cotton is king and hundreds of thousands of children are forced to pick it

    By Ronald J. McNamara, Policy Advisor The Helsinki Commission convened a briefing on May 13, 2008, the third anniversary of the massacre at Andijon, to hear from experts on the challenges facing the 28 million people of Uzbekistan, including the widespread use of child labor in that country’s lucrative cotton industry. Panelists addressing political, economic and human rights developments in the Central Asian nation were: Marsha Lisitsyna of Human Rights Watch, film maker and writer Shahida Tulaganova, Juliette Williams of the Environmental Justice Foundation, and Professor Eric McGlinchey of George Mason University. For nearly two decades, Islam Karimov has ruled over Uzbekistan in a regime long-criticized for its harsh reprisals against dissidents, contempt for democratic principles and widespread corruption. Marsha Lisitsyna provided an overview of the findings of a newly released Human Rights Watch report, “Saving its Secrets” Government Repression in Andijan. She decried the fact that the Government of Uzbekistan has never accepted responsibility for its role in Andijon and has been unwilling to allow an independent investigation into the circumstances surrounding the uprising and massacre. Lisitsyna described the ongoing efforts of the Uzbek government to seek out and persecute anyone it deems to have a connection to or information about those events. While welcoming the regime’s release of a number of human rights defenders, she stressed the fact that a dozen others languish in jail. The report, based on interviews with witnesses to Andijon and relatives in 2007 and 2008, describes the pressures on those who fled the country as well as the reality for those who have returned to Uzbekistan. Lisitsyna told of retribution aimed at family members, including depriving relatives of social benefits, constant surveillance by the security services as well as the labeling of children of refugees as “children of enemies of the state” by teachers. Returnees are generally isolated, finding it difficult to secure work, and are pressured to entice others to return. In urging the international community not to forget Andijon, Lisitsyna concluded, “If the Government of Uzbekistan is able to demonstrate -- would be able to demonstrate -- considerable progress on human rights for sure, we wouldn't need the sanctions. But unfortunately, to date, this is still not the case.” Shahida Tulaganova echoed this point, urging the international community, including the European Union and the United States, to resist consigning Andijon to the history books while those associated with the tragedy continue to face repression. She reported that nearly 30 rights activists, independent journalists and opposition figures remain jailed and are subject to various forms of abuse. Tulaganova focused on severe limitations imposed by the government on freedom of expression, including tight control of the Internet and reprisals against independent journalists. In this regard, she recalled the murder of her colleague, Alisher Saipov, a prominent investigative journalist and editor of an Uzbek-language newspaper, Siyosat, gunned down outside of his office in Osh, Kyrgyzstan. Saipov was an outspoken critic of President Karimov, reporting regularly on rights abuses in Uzbekistan. Tulaganova was critical of the European Union and the United States for not being more forceful in the aftermath of the 2007 flawed presidential elections perpetuating Karimov as president, a position he has held since 1990, making him the longest serving Soviet-era leader still in power. “The fact is that everyone is dealing with an illegitimate president and an illegitimate government,” she said. The deteriorating economy under Karimov, an economist by training and expert on state planning, is exacerbated by widespread corruption, resulting in a flood of labor migrants working outside of the country. Tulaganova voiced particular concern over the hundreds of thousands of school children forced to work under harsh conditions in Uzbekistan’s cotton fields. Juliette Williams focused on the reliance on forced child labor in the cotton industry, reportedly generating a billion dollars annually. She detailed state control over every aspect of cotton production, from seasonal quotas imposed on farmers to daily quotas demanded of school-age children, some as young as seven years old. “Underpinning the entire industry is the systematical use of forced child labor and slave wages in order to maximize profits to the state, with little or no return for laborers or wider society,” said Williams. In addition to the human toll, Williams described the environmental degradation stemming from the country’s cotton industry. She pointed to estimates that 60 percent of diverted water never even reaches the cotton fields, but is lost in the deteriorating Soviet-era irrigation network. Perhaps the most dramatic case involves the Aral Sea, once the world's fourth largest inland sea, that has been drained to just 15 percent of its former volume, largely due to mismanagement by the Soviets and their successors. Soil damage is another area of environmental concern. Based in the United Kingdom, Williams explained efforts to organize an international boycott of Uzbek cotton given the reliance on forced child labor. She concluded, “I appeal to the Helsinki Commission and to people here today to engage in a full examination of the human rights and environmental abuses connected to cotton production in Uzbekistan.” A poignant short documentary film, White Gold, the True Cost of Cotton [http://www.ejfoundation.org/page325.html], was shown during the briefing to provide a human face to child labor in Uzbekistan. Scenes of grounded derelict ships and caravans of camels crossing the now arid seabed that once supported fertile fishing grounds provide stark images of the cost to the environment. Professor McGlinchey pointed to several changing dynamics that could affect bilateral relations between the United States and Uzbekistan: a lessening of the importance of the Karshi-Khanabad base to operations in Afghanistan, Karimov’s concerns over his legacy, and volatility of international commodity markets. While each could provide an opening, he warned that they could also lead to retrenchment by the regime. The abrupt departure of that U.S. from the K2 base diminished Karimov’s ability to portray himself as a serious partner in the war against terrorism, McGlinchey suggested. Given regime changes in Kyrgyzstan and Turkmenistan, he suggested that Karimov might seek to orchestrate his own succession, opening an opportunity for U.S. engagement with possible successors. McGlinchey cited escalating food prices as another factor that could generate new pressures and popular demands, potentially further undermining the already fragile foundations of the government. He warned that a vulnerable Karimov regime may resort to even greater repression rather than reform and stressed the importance of U.S. monitoring of human rights as a lifeline to vulnerable activists. With respect to the crucial role of cotton in the Uzbek economy, McGlinchey suggested that it is an unsustainable industry in the region given the depleted water supplies. “Water is not, unfortunately, a renewable resource in Central Asia. The Aral Sea is almost tapped out, and now the glacier stores are going to be tapped out, and in the long run something else besides cotton has to be promoted,” said McGlinchey.

  • Georgians Return to Polls to Elect New Parliament as Political Polarization Persists

    By Ronald J. McNamara and Orest Deychakiwsky For the second time this year, Georgians went to the polls in national elections, casting ballots on May 21, 2008, for a new slimmed down 150–seat unicameral parliament, known as the Supreme Council, with half filled through proportional party lists and the other by single-mandate districts. Previous parliaments comprised 235 members. Timing of the parliamentary elections, originally scheduled for fall 2008, became a contentious issue late last year as violence erupted on the streets of Tbilisi, the Georgian capital, leading to early presidential elections and a plebiscite on when to hold the parliamentary contest. Incumbent Mikheil Saakashvili was reelected president in the January 5 election, narrowly escaping a second round. According to final results reported by the Central Election Commission, Saakashvili won 53.47 percent of the vote, with 70 percent of those casting ballots supporting the holding of early parliamentary elections. On March 21, the president called for the elections to be held in two months time. Mr. João Soares of Portugal, a Vice-President of the OSCE Parliamentary Assembly at the time, was appointed as Special Coordinator of the OSCE Chairman-in-Office to lead short-term observers of the OSCE’s International Election Observation Mission (IEOM). In all, the OSCE fielded over 550 observers from 48 countries, including a parliamentary component of over 100 drawn from the OSCE PA, the Parliamentary Assembly of the Council of Europe, the European Parliament and the NATO PA. International observers, including two members of the Helsinki Commission staff, participated in an extensive program of briefings in Tbilisi prior to election day, including presentations by the ODIHR Core Team and the Central Elections Commission as well as a wide range of international and domestic NGO experts. Observers also heard from representatives of most of the political parties and blocs fielding candidates: Georgian Politics, the Republic Party, the Rights Alliance, the Labor Party, the United National Movement – for Victorious Georgia, the Georgian Union of Sportsmen, the United Opposition bloc, the All Georgian National Party of Radical Democrats, the Christian-Democratic Movement, and Our Country. In all, nine political parties and three blocs were registered for the parliamentary contest, including the newly formed Christian-Democratic Movement. In all, IEOM observer teams visited nearly 1,500 of the country’s 3,641 polling stations on election day. Helsinki Commission staff observed in the Marneuli Rayon, south of Tbilisi, a predominately Azeri region bordering on neighboring Azerbaijan and Armenia. According to the 2002 national census, the Azeri minority constituted 6.5 percent of Georgia’s population. This rural agricultural region comprises the District Election Commission 22, with 84 individual polling stations for slightly over 90,000 registered voters. Interest in observing in the Marneuli region was based in part on irregularities observed during the January 2008 presidential election. Several polling stations, at that time, registered voter turnouts in excess of 100 percent, with over 88 percent of the vote going to Saakashvili, exceptionally high when compared with other districts in that part of the country. Commission staff observed an opening and the voting in nearly a dozen individual polling stations throughout the rayon, or county. Among those sites visited was the area’s largest military installation, where soldiers lined up to cast their votes as senior officers chatted outside of the station. With a few exceptions, the balloting was conducted in an orderly manner and in line with CEC procedures. An exception was a polling station close to the Armenian border in which pandemonium prevailed and a number of serious irregularities were observed by the team. Conspicuously, ballots at the station and other voting materials lacked the required serial numbers. Domestic party observers were vocally protesting procedural problems at the station as one from their ranks was repeatedly rebuffed by the precinct chairman when the observer sought to lodge a formal written complaint in the official journal. Local police were called to the scene, though they stayed at a distance as long as the Helsinki Commission team was present. The closing and tabulation observed at another station proceeded smoothly, with good cooperation among the poll workers. The following day, on May 22, Soares held a press conference in Tbilisi to issue a statement of preliminary conclusions on behalf of the IEOM: “Overall, these elections clearly offered an opportunity for the Georgian people to choose their representatives from amongst a wide array of choices. The authorities and other political stakeholders made efforts to conduct these elections in line with OSCE and Council of Europe commitments. The International Election Observation Mission (IEOM) identified a number of problems which made this implementation uneven and incomplete.” Addressing a protest rally on May 26, Levan Gachechiladze, the leader of the United Opposition called for annulment of the election results. “We will not let a handful of criminals run the country,” he told supporters. Fellow opposition leader Davit Gamkrelidze told the crowd, “I have no right to enter a parliament that is the product of illegality, terror, and an illicit government. I cannot become a member of a parliament that is illegitimate, unlawful, and which is a product of Soviet-style elections.” On June 5, the Central Election Commission issued a release summarizing the elections results. According to the CEC, four political parties passed the 5 percent threshold based on the proportional system: United National Movement (59.18%), or 48 seats, the United Opposition (17.73%), 15 seats, Christian-Democrat (8.66%) and the Labor Party (7.44%), 6 seats each. The results of single-mandate contests were: 71 seats for the United National Movement, 2 seats for the United Opposition, and 2 for the Republican Party. In total, the United National Movement won 119 seats, a constitutional majority. The United Opposition leadership moved quickly to request the cancellation of the mandates for seats won by the party, precluding individuals lower on their list from occupying the seats. Four of those elected, however, broke ranks with their leaders, refusing to relinquish their seats. The Labor party chose to neither cancel nor occupy their seats in parliament. Meanwhile, the Christian-Democratic party positioned itself to foster unity among the small group of non-UNM members. Results for Marneuli showed overwhelming support for the ruling UNM, with 84.49%, far exceeding the level for the country as a whole. The only other party to pass the threshold in the region was the United Opposition, with 6.79%. Similar lopsided tallies favoring the UNM were recorded in six other regions, notably the predominately Armenian Akhalkalaki and Ninotsminda, where support for the ruling party surpassed 90 percent. Traditionally, areas of Georgia with high concentrations of ethnic minorities, such as these, have turned out in large numbers, voting overwhelmingly for whatever the ruling party was at the time. The newly-elected parliament held its inaugural session on June 7. In remarks before the new parliament, President Saakashvili acknowledged the challenges facing the country’s elected leadership, “The entire world is looking at Georgia today. The Georgian people have overcome the most difficult political crisis last autumn at the expense of democratic consolidation. We have managed to overcome the political crisis with the help of democratic institutions, to solve all problems through peaceful democratic methods.” He continued, “our obligation is to make our compatriots feel that they are represented in the country’s governance; even the smallest group should feel that it has the right to be represented in the country’s governance, in making decisions about the future of our country.” Saakashvili concluded by stressing the importance of undertaking further reforms and fostering unity. In testimony before Congress several weeks after the elections, Daniel Fried, Assistant Secretary of State for European and Eurasian Affairs, remarked, “Georgian democracy continues to lack a necessary element – a credible and viable opposition – and the United National Movement and the United Opposition share the blame for this shortcoming. Without a viable opposition, an empowered, independent parliament and strong, credible judiciary, and a reform process that respects dissenting voices, democracy will not be consolidated.” While political polarization persists in the country, it was less palpable at the time of the parliamentary elections than in January, when there were widespread concerns that the violent street clashes of November could be reignited. Heightened tensions over the breakaway region of Abkhazia and the possibility of war erupting with Russia following the April 20 shoot down of an unmanned aerial vehicle by a Russian fighter over Georgian airspace seemed to trump domestic political squabbling in the lead up to the parliamentary elections. Overcoming political turmoil and polarization in the country takes on even greater importance in the face of ever-growing Russian threats and provocative actions undermining Georgia’s territorial integrity. The Georgian authorities should build upon the reforms instituted in electoral laws and procedures prior to the parliamentary elections. A lingering concern that deserves attention is the low confidence among voters regarding the electoral process and skepticism regarding the role of the international community. Similarly, allegations of campaign irregularities from recent elections, including use of administrative resources by the ruling party; campaigning by state officials; intimidation of state workers, especially teachers; pressure on businesses to make campaign “donations”; unbalanced television coverage on private stations; ruling party dominance of elections commissions; and lingering errors on voters lists should be taken seriously and dealt with by the authorities. These and other concerns are discussed in greater detail in the Statement of Preliminary Findings and Conclusions issued by the IEOM on May 22, 2008. A final report on the May 21 parliamentary elections is expected to be released by the OSCE’s Office of Democratic Institutions and Human Rights shortly.

  • Racism and Xenophobia: The Role of Governments in Addressing Continuing Challenges

    by Mischa Thompson, PhD and Alex Johnson, Staff Advisors On May 29-30, 2008, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) held the Supplementary Human Dimension Meeting (SHDM), titled “The Role of National Institutions against Discrimination in Combating Racism and Xenophobia with Special Focus on Persons belonging to National Minorities and Migrants” (http://www.osce.org/conferences/shdm1_2008.html). Prior to the meeting, a “roundtable for civil society" was organized by ODIHR to enable civil society representatives to prepare recommendations to be presented during the Opening Session of the SHDM. The purpose of the Supplementary Meeting was to focus on “National Institutions Against Discrimination” (NIADs) that OSCE countries have developed to combat racism and discrimination. The majority of OSCE countries have in place national human rights or ombudsman institutions to deal with human rights violations in general, however, their mandates and capacity to deal more specifically with manifestations of racism and xenophobia vary, with some having little to no focus on this area. The SHDM examined the role of national institutions in responding to and combating racism and xenophobia in particular, where such cases involve persons belonging to national minorities and migrants. Official delegations from the OSCE countries took part in the conference, including participation from the U.S. Congress. Representative Alcee L. Hastings, Chairman of the U.S. Commission on Security and Cooperation in Europe (CSCE), participated as head of the Official OSCE Parliamentary Assembly delegation in his role as President Emeritus of the Parliamentary Assembly (PA). The U.S. Delegation included U.S. Ambassador to the OSCE Julie Finley, as well as Naomi Churchill Earp, Chair of the Equal Employment Opportunity Commission (EEOC). The two-day Conference featured three panels focused on the role and mandate of NIADs in combating racism and xenophobia, overcoming challenges, and good practices. Additionally, there was a side event hosted by the UN High Commissioner for Refugees (UNHCR) and ODIHR entitled, “Is the right to asylum undermined by racism and xenophobia?” The conference was held in Austria, where reports from the European Union Fundamental Rights Agency (EUFRA) and European Network Against Racism (ENAR) had previously cited numerous cases of racism and discrimination impacting Roma, Black, Muslim, Jewish, and migrant communities in education, employment, housing, criminal justice, and other areas (see http://www.fra.europa.eu/factsheets/front/factSheetPage.php?category=1136&country=4&year=2008; http://cms.horus.be/files/99935/MediaArchive/national/Austria_2006.pdf.) Chairman Hastings, representing the OSCE PA, delivered remarks at the Opening Session of the meeting following presentations from the outgoing Director of ODIHR, Ambassador Christian Strohal, and the incoming Director of EUFRA, Morten Kjaerum. Chairman Hastings’ remarks focused on the importance of the U.S. story in developing remedies to historic injustices, lessons learned, and remaining challenges, including those faced by migrant populations. He noted that, “given the multiple effects of racism and discrimination, there is no single government office that can fully address the problem [and that] the decades of U.S. government institutions fighting discrimination, recruiting from diverse communities, providing education and training opportunities for minorities coupled with efforts from the civil society and private sector were critical to [gains minorities have made in the U.S.].” In addition to noting the need for minority input in the creation and implementation of any strategies, he also stressed the need for action. “I’ve been meeting on efforts to stop racism for 30 years. It’s time for something to be done,” he said. The need for action also was underscored by a number of attendees of the meeting who cited numerous problems with the political independence of, funding, structure, knowledge of, and mandate of NIADs, which impacted their abilities to adequately address problems faced by the communities they were designed to assist. Calls for NIADs to be independent were raised by numerous civil society members, as they felt links to government prevented prompt and appropriate responses to acts of discrimination. Additionally, this was said to impact their structure, as members of the affected communities cited that they were not appointed to the boards, employed in the organizations, nor consulted in the plans and initiatives of the institutions. One civil society participant cited as evidence of this, that a number of the panelists at the SHDM were not “Muslim, Black, or some other visible minority,” despite playing leading roles in NIADs. Others noted cronyism in the appointments, leading to questions of whether the leaders of a number of the organizations possessed the ‘cultural competency’ needed to adequately address problems of racism and xenophobia. Concerns about the mandates were also raised, as they were often focused on legal remedies, data collection, and assisting victims, but may not have included or were unsuccessful with outreach, education, and/or empowerment tools, e.g., informing affected communities of anti-discrimination laws and initiatives, providing technical assistance to minority/migrant organizations to represent themselves. For many, these problems indicated a lack of actual political will to solve the problems, which was then also reflected in several NIADs reporting a lack of government funding. These concerns were noted as reasons civil society was in some countries assuming and/or being asked to assume government responsibilities for addressing racism and xenophobia. Addressing some of these concerns, and underscoring a number of Chairman Hastings’ observations, U.S. delegate Naomi Earp of the EEOC provided remarks on the U.S. approach to combating discrimination during the Opening Session and Session III of the Meeting (Document 1, Document 2). Noting that, “Sadly racism is alive and well,” she detailed the numerous federal, state, and local civil rights programs and institutions in the U.S. created to implement racial equality. She cited politics and funding as primary challenges and noted the need for “a viable consensus” among government actors, civil society, the private sector, and other affected parties to prioritize and formulate successful strategies. “Nations must understand that institutionalizing equal opportunity, while laudable, has financial consequences,” she said, including details of the importance of planned and adequate funding. Moving beyond a paradigm of addressing violent forms of discrimination, she also noted the need to combat systematic or institutionalized discrimination, as well as subtle and blatant forms of discrimination that impact hiring, promotions, and other aspects of the workplace (see E-Race initiative http://www.eeoc.gov/initiatives/e-race/index.html). A number of other participating States, such as France and Belgium noted how their NIADs were organized and what they did. Others reiterated the growing problems of racism and xenophobia in their societies and cited the need for solutions. Russian Ombudsman Vladmir Lukin remarked, “extremist ideas and xenophobic attitudes are nowadays commonly concealed as formally legitimate disagreement to a state’s migration policy,” and that solutions should also focus on tolerance education, as “responding to already committed crimes makes it impossible to start their effective prevention.” The Meeting ended with OSCE Chair-in-Office Personal Representative on Combating Racism, Xenophobia, and Discrimination against Christians and Members of Other Religions, Anastasia Crickley calling for an increased focus on implementing solutions. She noted that the remarks of two Americans, Chairman Alcee L. Hastings and Naomi Earp, illuminated two key concepts participants should take away from the SHDM. First, she observed that Chairman Hastings demonstrated why, “national institutions and official agencies should reflect the diversity of the communities they represent,” and second that, Ms. Earp demonstrated that participants must “measure issues so that they can address them.” Ms. Crickley also observed that a number of forms of discrimination were inadequately engaged throughout the SHDM proceedings, particularly discrimination faced by Roma and Sinti communities. Expected outcomes of the meeting included the creation and/or strengthening of NIADs by OSCE participating States, increased cooperation and partnerships of NIADs with civil society, and assistance for burgeoning NIADs. Additionally, the development and implementation of national action plans with the consultation of civil society, improved data collection, research, and reporting, and maintaining a focus on combating racism and xenophobia in the face of attempts to refocus the conversation solely on integration and immigration were highlighted. Many questions of what the follow-up to this meeting could be remained, including possible trainings and technical assistance to strengthen NIADs, outreach and empowerment initiatives for affected communities, the role of the private sector, and as well as the need for participating States themselves to better understand racism, xenophobia, and discrimination and how best to adequately, design, fund, implement, and sustain successful strategies.

  • Italian Fingerprinting Targeting Romani Communities Triggers Protests; OSCE Pledges Fact-Finding

    By Erika B. Schlager, Counsel for International Law On July 10 and 11, the OSCE participating States held the 2nd of this year’s three Supplementary Human Dimension Meetings (SHDMs). This meeting, formally devoted to consideration of “Sustainable Policies for Roma and Sinti Integration,” also became a forum to protest Italy’s announced plans to fingerprint Roma and Sinti – and no one else. (“Sinti” is the term of self-ascription used by a Romani people primarily in historically German-speaking areas of Europe.) The OSCE’s newly appointed Director of the Office for Democratic Institutions and Human Rights, Janez Lenarcic, announced at the meeting’s opening that the OSCE and Council of Europe would undertake a fact-finding trip to Italy to examine the situation of the Roma there. Overview of Meeting The OSCE holds three Supplementary Human Dimension Meetings each year. These are two-day human rights meetings held in Vienna, Austria (where the OSCE is headquartered). As originally conceived, these meetings are intended to bring topical human rights issues closer to the Permanent Council of the 56 participating States, the key decision-making body of the OSCE. The topics for the SHDMs are chosen by the OSCE Chair-in-Office (a post currently held by Finland), in consultation with the participating States. The SHDMs augment the annual two-week human dimension implementation review, typically held in the fall in Warsaw. Participants at this meeting included representatives from the national delegations to the OSCE in Vienna; government representatives from capitals (including from offices or departments specializing in Romani concerns); local authorities with responsibility for implementing policies relating to Romani minorities; representatives of Romani and other non-governmental organizations (NGO); and international organizations (such as the Council of Europe and United Nations Development Program). The meeting was divided into successive sessions: 1) an opening session which included keynote remarks presented by Romanian Government State Secretary Gruia Bumba, head of Romania’s National Agency for Roma; 2) a session on the role and responsibility of regional and local authorities to assist in integrating Roma; 3) a session on good practices and major challenges in improving the situation of Roma at the local level; 4) a session on policies to facilitate equal access of Roma and Sinti to public services and education; and 5) closing remarks. These discussions were enriched by the insights of officials actually implementing policies or programs relating to Roma at the local or regional level, including the Head of the Unit of Attention for the Roma Community from the Catalan Government in Spain; the Director of Empowering Social Work and Basic Security from the City of Jyvaskyla, Finland; the Vice Mayor of the City of Bologna, Italy; and the Mayor of Trikala, Greece, among others. In addition to these formal sessions, a civil society round-table was held on the morning of the first day, enabling Romani civil society representatives to present shared concerns to the OSCE participating States during the opening session. Three additional side events were held on: the effective use of the European Court of Human Rights judgments; building partnerships between Romani communities and local authorities; and fundament rights and freedom of Roma in Italy. The Italian Job As a practical matter, the advanced planning time-line required for these meetings makes it difficult to select topics that are particularly time-sensitive or reflect breaking developments. The timing of this particular SHDM, however, more-or-less coincided with the announcement by the Italian Government that Roma and Sinti – including European Union citizens – would be singled out for fingerprinting by the country’s law enforcement authorities. As a consequence, the meeting was sharply punctuated by discussions of developments in Italy. The fingerprinting plan, reportedly to be administered with the collection of data on ethnicity and religion, is the latest culmination of a growing anti-migrant and anti-Roma sentiment in Italy. Intolerance in Italy escalated with the latest wave of EU expansion, after which an increased number of Romanian nationals went to Italy to work; a weakened Italian economy; and the election earlier this year of political leaders who campaigned on an anti-immigrant platform. Sharp criticism of the situation in Italy was therefore a reoccurring theme, beginning with a protest action at the opening session. At a pre-determined moment, several dozen non-governmental activists rose in unison, many wearing t-shirts bearing the image of an out-sized fingerprint and the words “no ethnic profiling” over it, or holding enlarged photos of Romani camps that had been torched by mobs in Italy. They demanded an end to the selective fingerprinting of Roma. Moreover, one Romani non-governmental representative observed that no perpetrators have been held accountable for torching Romani camps or other acts of violence and warned that, if unchecked, such violence would surely result in deaths. He called on Italy to report to the upcoming Human Dimension Implementation Meeting on actions taken to hold perpetrators accountable. On the second day of the meeting, a similar group gathered in front of the OSCE’s meeting site, and marched through Vienna to the offices of the EU’s Fundamental Rights Agency. Then, at the side event focused on the situation in Italy, a coalition of NGOs (the European Roma Rights Center, the Open Society Institute, the Centre on Housing Rights and Evictions, Romani CRISS and the Roma Civic Alliance of Romania) launched a report on Italy outlining the “extreme degradation of Roma rights in Italy.” NGO representatives who had visited destroyed camps described finding toys and clothes left behind, as victims fled with nothing but the clothes on their backs. Italy was well represented at the meeting by representatives from their permanent delegation to the OSCE as well from the Ministry of Interior. They came to all events, including to the side event on the situation of Roma in Italy, and responded politely to the issues raised. In particular, Italian authorities claimed that manifestations of racism against Roma had been widely condemned in Italy. Notwithstanding their conciliatory demeanor, Italian officials stood by their plans to move ahead with the fingerprinting operation targeting Romani communities. In this context, it was particularly interesting to hear an alternative view from a local government official from Bologna. She clearly sought to distance herself from the national policies under fire, and described the challenges local officials had absorbing or responding to an increased number of Romani migrants, without assistance from or a strategic plan on the part of the national government. The Romanian Government was restrained, but circulated a formal document of protest, “request[ing] the European Union to recommend the Italian Government to give up the fingerprinting measures of Roma persons and to observe and enforce the aquis communitaire regarding the fundamental rights of European Union citizens, including of Romanian citizens of Roma origin.” Although the ECONOMIST recently described Europe’s diverse and dispersed Romani communities as “bound only by music,” one might have added, “and an extensive network of electronic devices.” Even as the OSCE held its human dimension meeting in Vienna, email messages arrived on participants’ cell phones and blackberries reporting that the European Union Parliament had adopted a resolution calling on Italy to stop the fingerprinting.

  • Iraqi Refugee Crisis: The Calm before the Storm?

    By Marlene Kaufmann, General Counsel and Lale M. Mamaux, Communications Director Jordan In March, staff of the United States Helsinki Commission travelled to Amman, Jordan, an OSCE partner State, and met with government officials and leading NGOs regarding the Iraqi refugee crisis. Helsinki Commission Chairman, Congressman Alcee L. Hastings, has introduced comprehensive legislation to address this crisis, and the Commission held a hearing on April 10, regarding the impact of Iraqi refugees on OSCE States and Partners, including Jordan, Egypt and Turkey. It was revealed during the visit in Jordan that the situation on the ground is becoming increasingly desperate. Government officials emphasized the economic and infrastructure strains caused by the refugees – soaring rents, inflation, and strains on educational and medical resources, as well as water. The NGO community sees an increase in desperation among the refugee population that they are attempting to serve. This increased desperation, combined with increasing resentment among host country populations, is becoming a recipe for disaster. As a result of the widespread sectarian violence that erupted in Iraq in 2006, masses of Iraqis began fleeing to neighboring countries in the region for shelter. It is estimated that more than one million Iraqi refugees have fled to Jordan, Syria and other neighboring states, and approximately 2.2 million Iraqis have been displaced within Iraq itself. Jordan, a small Arab nation with a population of six million, has accepted almost half a million Iraqi refugees. This amounts to an 8 percent increase in the population of Jordan in essentially a year and a half. This would be the equivalent of the United States enduring a stream of 24 million people across its borders in the same time frame. Poverty, unemployment, and inflation are on the rise in the country making it extremely difficult for the Jordanian government and society to cope with the influx of refugees. In 2007, Jordan effectively sealed its borders by imposing strict visa requirements on Iraqis seeking entry, documents that most fleeing Iraqis do not have or would be required to make a dangerous trip to Baghdad to try to obtain. Jordan is not a party to the 1951 United Nations Convention on Refugees and does not have a domestic refugee law. The government does not, therefore, recognize Iraqis as residents of its country, but rather classifies them as “guests” or “visitors.” The Jordanian government does not allow Iraqis to work, however some do find jobs in the “underground” economy, which at best pay barely enough to survive and for which the threat of exploitation is significant. In many situations, men, fearing arrest and deportation, remain in hiding and rely on whatever income their wives and children can generate. Iraqis are permitted to seek medical assistance at government clinics, where they are offered the same health care benefits as uninsured Jordanians. In addition, as a result of pressure from the international community, Jordan opened its schools to Iraqi children. It is estimated that approximately 25,000 Iraqi students have enrolled for the 2007-2008 school year, a significantly smaller number than was expected. While the admission of Iraqi students is relatively low, it has nevertheless put a substantial strain on an already overburdened school system. As a result, the day-to-day needs of Iraqis continue to increase as their resources are diminishing. Multiple families are sharing a single dwelling and those seeking medical attention frequently suffer from severe depression and stress related illnesses. Many of the NGOs offering services in Jordan are attempting to address this burgeoning medical crisis but lack the resources to provide comprehensive counseling – leaving increasingly large numbers of the vulnerable Iraqi refugee population simmering in a cauldron of stress and depression. This situation does not bode well for long-term societal stability. Attempts to provide assistance to Iraqi refugees in Jordan are complicated by both the location and the mixed demographics of the population. Unlike the situation of the Palestinian refugees encamped in tent cities in the “no-man’s-land” on the Syrian border with Iraq, there are no Iraqi refugee camps in Jordan -- where the numbers and needs of the refugees could be easily identified, and to which humanitarian and other assistance could be quickly and efficiently delivered. Rather, Iraqi refugees in Jordan are dispersed throughout Amman and the surrounding areas. A number of refugees -- some of whom came to Jordan to escape the regime of Saddam Hussein, returned to Iraq after his fall, and now have taken up residence again in Jordan -- are quite wealthy, and are obviously able to fend for themselves. The bulk of Iraqi refugees in Jordan, however, arrived with few resources or have now, as is the case with those who were “middle class” when they fled, completely depleted whatever income they may have had from savings, or selling their homes and possessions. The Jordanian government made it quite clear that they want Iraqi refugees to be treated humanely, yet they do not want Iraqis to permanently settle in Jordan. This fact was reinforced at an international conference hosted by Jordan on March 18, during which Foreign Minister Salah Al-Bashir remarked, “But the main challenge now is to find the right environment for a political settlement in Iraq that would restore security and stability, helping Iraqi refugees return home, because there is no other alternative.” While the Jordanian government sees no alternative for Iraqis other than return, the reality is quite different. Many NGOs in Jordan are looking at this from a long-term perspective with some estimates of Iraqis staying for at least ten years, or perhaps permanently. Many Iraqis who fled have had a close family member or friend killed, threatened, kidnapped, or tortured, making return extremely difficult if not impossible. As resources are depleted and Iraqis become more and more desperate to survive, the economy will not be the main source of worry for host countries. Increasingly desperate refugees interacting on a daily basis with increasingly resentful host country populations could sow the seeds of instability on the streets of Amman and Damascus – the current situation may just be the calm before the storm. In Congress, Commission Chairman Hastings, who is also Special Representative on Mediterranean Affairs for the OSCE Parliamentary Assembly, has introduced comprehensive legislation to address this humanitarian and potential security crisis. In January, Chairman Hastings and Congressman John Dingell wrote to President Bush requesting an additional $1.5 billion in funding in the FY 2009 budget, and also called on Secretary of State Condoleezza Rice to layout a long-term plan to address the plight of Iraqi refugees and internally displaced populations (IDPs). In April, Chairman Hastings joined with Congressman Bill Delahunt and nine of his Congressional colleagues in sending a bipartisan letter to Iraqi Prime Minister Nouri al-Maliki urging the government of Iraq to use $1 billion (4 percent) of the expected $25 billion budget surplus to assist Iraqi refugees and IDPs. Additionally, Commission Co-Chairman Senator Benjamin L. Cardin was successful in offering an amendment to the Labor, Health and Human Services, Education Appropriations bill last year. Co-Chairman Cardin’s amendment provides six months of eligibility for resettlement assistance to Iraq Special Immigrant Visa (SIV) holders when they arrive here in the United States, ensuring that Iraqis are able to make the transition to a productive life in the United States by providing preliminary housing, school enrollment and job assistance. On April 10, the Helsinki Commission held a hearing on the Iraqi refugee crisis which focused on the impact of the massive displacement of Iraqi citizens on Jordan, Syria, Egypt and Turkey as well as other countries in the region; the security implications of this humanitarian crisis; and efforts by the United States and others to address the plight of Iraqi refugees, including humanitarian relief, resettlement of Iraqi refugees, host country commitments, and European cooperation as well as the development of a long-term plan to address this crisis. Testifying before the Commission were Ambassador James Foley, Senior Coordinator for Iraqi Refugees, U.S. Department of State; Ms. Lori Scialabba, Senior Advisor to the Secretary of Homeland Security for Iraqi Refugees, Department of Homeland Security; Mr. Michel Gabaudan, Washington Director, United Nations High Commissioner for Refugees (UNHCR); Mr. Anders Lago, Mayor of Sodertalje, Sweden; and Mr. Noel Saleh, Member, Board of Directors, Arab Community Center for Economic and Social Services (ACCESS). During the hearing Ambassador Foley stated that the resettlement of Iraqi refugees to the United States “is turning around.” He added, “You are going to see in the coming months, especially in the late spring and summer, tremendous numbers of Iraqi refugees arriving in the United States.” Mayor Lago of Sodertalje, Sweden whose town has a population of 83,000 and has taken in more than 5,000 Iraqi refugees noted “The millions of refugees in the world must be a concern for us all, not just for those areas bordering on the breeding grounds of war, or for a small number of countries and cities such as Sodertalje.” He further noted, “Despite the fact that we need immigrants, Sodertalje has become a town that must now say - STOP, STOP, STOP! Do not misunderstand me. We will always help others when we can. We must act when the lives of our brothers and sisters are in danger. It is imperative that we have a humane refugee policy worldwide. Our common agreement, that all people are equal, no matter what color religion or gender must become a reality.” The hearing came on the heels of General David Petraeus’ and Ambassador to Iraq Ryan Crocker’s testimony before Congress about the Iraq war. Turkey Helsinki Commission staff also travelled to Ankara and Istanbul, Turkey and held meetings with leading NGOs as well as staff of the Ministry of Foreign Affairs. While the main focus of the trip was the Iraqi refugee crisis, staff also discussed U.S.-Turkey bilateral relations, human trafficking, migration, security threats posed to Turkey by the Kurdistan Workers Party (PKK) – a known terrorist organization, as well as Turkey’s cooperation in Iraq. It is estimated that Turkey is currently hosting 6,000-10,000 Iraqi refugees. Unlike Jordan and Syria, Turkey is a party to the 1951 UN refugee convention. Turkey, however, imposes a “geographical limitation” on its commitments under that agreement and only recognizes refugees arriving from Europe. Iraqis entering Turkey from non-European countries are treated as asylum-seekers. UNHCR-Turkey has assumed responsibility for processing these individuals and it then submits its recommendations to the Turkish government. The Turkish government, however, ultimately determines the status of asylum-seekers making the registration process time-consuming and confusing. Those who have registered with UNHCR for asylum can wait up to nine months to be fully processed and are not entitled to any assistance during that period. In the interim, the refugees are reliant upon the charity of the communities in which they have settled or must fend for themselves on the streets. Iraqi refugees entering Turkey are not permitted to reside in Ankara or Istanbul – where they may have relatives or access to an established Iraqi community – but are directed to a number of “satellite cities” in different locations throughout Turkey. In most instances, there is no Iraqi community or support system in these remote locations, making resettlement, access to services, and integration into the local community extremely difficult for the refugees. The Turkish government has accepted in principle the establishment of seven ‘Reception Centers,’ to provide services to refugees from Iraq – planned in or near the satellite cities to which they are currently directed. These centers would be co-financed with the European Commission (EC). The EC would pay 75 percent of the project and the Turkish government would pay the remaining 25 percent. However, the day-to-day oversight and financial obligations would fall to the Turkish government. While the EC indicated that these centers would be used to house Iraqi refugees with a capacity of 750 per center, Turkish officials gave the impression that these centers would be for migrant workers and victims of human trafficking. In addition to the seven Reception Centers, the EC will finance two Removal Centers for those Iraqis eligible to be processed for resettlement. The Helsinki Commission will monitor the development of these centers, their location, populations to be accepted, operation and services offered in view of concerns that they may become isolated “camps” where Iraqi refugees and other vulnerable populations are warehoused until they receive final status determinations or resettlement. Sulukule Helsinki Commission staff visited Sulukule in Istanbul, which has been home to a Roma community since 1054 and is one of the oldest Romani settlements in Europe. Sulukule is on the brink of total demolition, due in part to an urban transformation project developed by the Fatih and Greater Istanbul municipalities as part of Istanbul’s participation in the 2010 European Capital of Culture event. The outcome of this urban renewal plan will destroy an historical neighborhood and force 3,500 residents of Sulukule 25 miles (40 kilometers) outside of the city to the district of Tasoluk or, worse, onto the streets of Istanbul. The Roma community in Sulukule is living on the fringes of society and continues to be treated unfairly. Instead of implementing an urban renewal project that would preserve this centuries-old neighborhood and allow the Roma there to remain together as a community, they will be dispersed and forced to migrate elsewhere. The Romani residents of Sulukule have essentially been unable to work since 1992 when the municipality closed down the music and entertainment venues that had been the lifeblood of the community and a major tourist attraction. With this source of income gone, the Roma of Sulukule have found it increasingly difficult to earn a living. The residents of Sulukule have been offered the opportunity to purchase the new homes that will be built as part of the project. However, the homes are quite expensive and, given the Romani community’s lack of employment and income, this is an empty gesture. The offer of housing in Tasoluk is also well beyond the means of the current residents of Sulukule, making it all the more likely that the majority of them will be forced to live on the streets. On April 4, members of the Helsinki Commission sent a letter to Turkish Prime Minister Tayip Erdogan, expressing concern about the Sulukule transformation project. The Commissioners urged the Prime Minister to find a solution that would ensure that the residents of Sulukule are treated with dignity and respect, that their culture and contribution to the history of Istanbul are preserved, and that they are given the opportunity to work, provide shelter and education for their families and contribute fully to Turkish society. The letter was authored by Co-Chairmen of the Helsinki Commission Congressman Alcee L. Hastings and Senator Benjamin L. Cardin, along with Commissioners Congressmen Joseph R. Pitts and G.K. Butterfield.

  • Helsinki Commission Delegation Visits Prague and Bratislava

    By Erika B. Schlager, Counsel for International Law Prior to participating in the Winter Meeting of the OSCE Parliamentary Assembly in Vienna, Austria, Senator Benjamin Cardin (D-MD), the Co-Chairman of the U.S. Helsinki Commission, led a Congressional delegation to Prague, the Czech Republic, from February 18-20. In Prague, he was joined by Chairman Alcee Hastings (D-FL), Commissioner Louise McIntosh Slaughter (D-NY) and Congressman Michael McNulty (D-NY). Chairman Hastings also traveled to Bratislava, Slovakia, for additional meetings on February 21, where he was joined by Commissioner Hilda L. Solis (D-CA). In the Czech Republic, the delegation met with representatives of the Jewish community and toured the historic Jewish quarter in Prague, which dates back to the Middle Ages. The delegation discussed recent anti-Semitic manifestations, most notably a large demonstration organized last November on the anniversary of Kristallnacht, and other planned demonstrations by extremists. Although Czech civil society has strongly countered these demonstrations, local officials have struggled to find the appropriate balance between respect for freedom of speech and freedom of assembly and their desire to combat anti-Semitism and manifestations of other forms of intolerance. The delegation also held a round-table discussion with leading civil society and Romani activists. Their discussions touched on past instances of sterilizing Romani women without informed consent, and discrimination against Roma in education, housing and employment. It was noted that victims of wrongful sterilization practices have been advised by government officials to seek redress from the courts, even though most cases will be barred by statutes of limitations. The delegation held official meetings with the President of Senate, Premysl Sobotka, and other members of the Czech Senate; Deputy Foreign Minister Jan Kohout; representatives of the Government Council for Human Rights; and Otakar Motejl, the Public Defender of Rights (also known as the Ombudsman). In these meetings, delegation members expressed concern about the unresolved property claims of Americans who were excluded by the legal framework for property restitution previously adopted by the Czech Republic. They urged Czech officials to protect freedom of speech and assembly, while demonstrating sensitivity for dates or sites of particular importance to the Jewish community. With respect to the situation of the Romani minority, the delegation expressed concern for the victims of past sterilization without informed consent. They urged the Czech Government to take concrete steps to improve the situation of Roma, including through the adoption of comprehensive anti-discrimination legislation. Discussions with Czech officials also touched on bilateral or regional issues, including Kosovo’s declaration of independence and managing relations with Russia. While in Prague, the delegation also met with President of Radio Free Europe/Radio Liberty Jeffrey Gedman, toured the broadcasting facility, and held a press conference at the RFE/RL headquarters. In Slovakia, Chairman Hastings and Commissioner Solis met with leading political analysts to hear a broad discussion of political developments and trends, including concerns regarding proposed legislation on non-governmental organizations and on the media. During a round-table discussion with Romani activists, participants discussed the need to translate the government’s program into concrete action, and the particular challenge of translating national policies into change at the local level. The delegation also met with Foreign Minister Jan Kubis, Deputy Prime Minister Dusan Caplovic (who has responsibility for, i.a., human rights issues), and a group of parliamentarians, including representatives of opposition parties. In their meeting with Minister Caplovic, Chairman Hastings urged the Slovak Government to acknowledge the past sterilization without informed consent of Romani women. In other meetings, the delegation also expressed concern about the adoption by the parliament of resolution honoring Andreij Hlinka, who died in 1938 but whose nationalist leadership set the stage for Slovakia’s WWII alliance with Nazi Germany and the deportation of its Jewish citizens.

  • Commission Staff Participates in Conference on Roma; Greece Slated to Serve as OSCE Chair in 2009

    By Erika B. Schlager Counsel for International Law U.S. Embassy in Athens Organizes Conference on Romani Issues On February 29, Helsinki Commission staff participated in a conference on Romani issues organized by the U.S. Embassy in Athens, Greece, primarily for human rights officers from U.S. Embassies in Europe. The conference was designed to improve understanding of Romani minority concerns, and to allow human rights officers to share information and ideas related to their congressionally mandated human rights reporting obligations. The conference underscored the strong interest of the United States in the situation of Romani minority communities throughout the OSCE region and provided a useful opportunity for human rights officers to improve their knowledge of this minority group’s history and experiences. Roma now constitute the largest ethnic minority in the European Union. The conference was opened by the United States Ambassador to Greece, Daniel Speckhard. Andrzej Mirga, the senior advisor for Romani issues with the OSCE Office for Democratic Institutions and Human Rights (Warsaw) and Helsinki Commission staff served as speakers during the morning session. Panayote Dimitras of the Greek Helsinki Monitor spoke during a working lunch. In the afternoon, Embassy officials from various posts led “best practices” discussion groups – although it proved more difficult to identify such practices than one might have hoped. Commission Staff Visit Romani Shanty Towns On the margins of the conference, Commission staff held meetings on Romani issues with representatives of the Greek Ministry of Foreign Affairs’ Division for International Human Rights, Refugees, and Immigration; the Ombudsman for Human Rights; the Ministry of Interior; and the Ministry of Education. In addition, staff visited several Romani shanty towns in the Athens region, including the infamous Aspropyrgos camp. Greece does not recognize any groups as “minorities” other than those few formally recognized under the 1923 Treaty of Lausanne (primarily the Muslims of Western Thrace). Accordingly, Roma are not considered an ethnic minority but a “socially vulnerable group.” It is estimated that there are roughly 150,000-300,000 Roma in Greece, out of a population of 11-million-plus. This population largely consists of indigenous Greek Roma, but also includes some Roma who have migrated from Albania in recent years. Greece does not count people according to ethnic affiliation or identity on its national census. Roma in Greece face problems similar to those faced by Roma in other countries. In recent years, Romani plaintiffs have successfully brought cases against Greece before the European Court of Human Rights, including for ill-treatment or excessive use of force by the police. Non-governmental organizations have also been particularly concerned by the deplorable conditions in some Romani shanty towns and the lack of equal access to education and the ability of Roma to obtain documents. The Council of Europe’s Commissioner for Human Rights, Thomas Hammarberg, has also expressed concern about forced evictions of Roma. Helsinki Commission Co-Chairman Benjamin L. Cardin and Commissioner Louise McIntosh Slaughter participated in a Helsinki Commission delegation to Greece in early 1998, and met with (among others) Romani representatives. Greece Slated to Serve as OSCE Chair Greece is slated to serve as Chair of the OSCE in 2009; Kazakhstan has been selected to serve in that position in 2010. Finland serves as the current OSCE Chair-in-Office. At his inaugural address to the OSCE Permanent Council in January, Finnish Foreign Minister Ilkka Kanerva stated, “More can be done also to fight discrimination against Roma and Sinti. I count on all participating States to renew their commitment to implementing the recommendations in the OSCE Action Plan of 2003.” Finland plans to schedule one of this year’s three Supplementary Human Dimension Meetings on Romani human rights issues.

  • Finnish OSCE Chairman-in-Office Outlines Priorities, Challenges for 2008

    By Ronald McNamara, International Policy Director Making an appearance on February 13th before the Helsinki Commission, early in Finland’s 2008 chairmanship of the OSCE, Minister for Foreign Affairs Ilkka Kanerva addressed a wide range of issues facing the Vienna-based organization and its 56 participating States. Kanerva, having served in parliament since 1975, the year in which the Helsinki Final Act was signed in the Finnish capital, stressed the unique contribution of parliamentarians in their role embodying “the aspirations of our peoples and to voice their concerns in all OSCE countries.” Chairman Alcee L. Hastings, President Emeritus of the OSCE Parliamentary Assembly, expressed appreciation for recognition of the parliamentary dimension of the Helsinki Process. Minister Kanerva noted, “The starting point of the Finnish Chairmanship is that the OSCE is a value-based organization that actively promotes our common values of democracy, human rights and the rule of law. We stress the full implementation of the human rights commitments by the participating States.” Chairman Hastings welcomed the emphasis on implementation especially given the mandate of the Helsinki Commission to monitor compliance with the common commitments accepted by all participating States regardless of when they joined the Helsinki Process. “We fully support and welcome Finland’s calls for greater effort by participating States to implement our common political commitments. Implementation is key, as the late President Gerald Ford underscored in his remarks in Finlandia Hall when he signed the Helsinki Accords on behalf of the United States. I am also mindful that all participating States, including this country, are obligated to translate words on paper into action and I welcome the scrutiny of others when our own policies and practices come up short,” said Hastings. Hastings and Kanerva had a lengthy exchange regarding developments in Kosovo and their implications for Balkans as well as the possibility of sustained OSCE engagement in the region. Kanerva, who had just returned from a visit to Belgrade and Priština, observed that the OSCE has played an important role in Kosovo -- in establishing and consolidating local institutions, in promoting democratization, the rule of law, as well as human and minority rights. “Because the OSCE has remained “status-neutral,” it has retained a unique ability to work with all ethnic communities in promoting stability and democratic development. It is my firm belief that the OSCE work in Kosovo is and will be beneficial to all Kosovars,” concluded the Minister. He continued, “The outcome of the status process could have a negative impact on the OSCE's engagement in Kosovo. You are well aware that the OSCE participating States remain deeply divided over the issue. This disagreement could lead to the current Mission’s termination. It would be a grave mistake for the OSCE and the entire international community if we were to leave it at that.” Chairman Hastings, who visited both Priština and the northern area around Mitrovitsa last June, remarked, “My overall concern comes again from personal experience. The OSCE mission in Kosovo complemented by the tremendous activities that the KFOR forces deployed to keep the peace there is one of, in my judgment, the most successful OSCE missions, capable of working with the various factions in that area. I always ask the question: if there was no OSCE mission or had not been there in recent years, what would be the situation on the ground there today? And how much closer would the parties be to arriving at a resolution of what is, by anybody's standards, a substantial conflict? Minister Kanerva stressed, “I am determined to ensure continued OSCE engagement in Kosovo regardless of the status process. I am aware of the fact that any participating State has the possibility to use a veto and to end the mandate of the present mission - the mission which at the moment comprises 800 people and which has an immense effect on the viability of the civil society. Should this happen, I am prepared to immediately start the negotiations on a revised mandate for the OSCE mission. I am convinced that all participating States agree on the need for continued OSCE engagement in Kosovo.” Regarding conflicts elsewhere in the OSCE region, Kanerva remarked, “The Finnish chairmanship has put the so-called frozen or protracted conflicts in Moldova, Georgia, and Nagorno-Karabakh at the top of our agenda. I will personally visit all of these regions. I have already nominated also a special envoy to survey the progress in the process. One of the first things I have already done was to visit Ukraine and Moldova, to examine possibilities to kick start the stalled negotiation on the Transdnistria conflict. The Government of Moldova and the leadership for Transdnistria indicate their willingness to reengage and I have tasked my special envoy to see what can be done to take the process forward. We have knowledge of the difficulties in front of us. But we can't give up.” Minister Kanerva announced his intention to visit the South Caucasus nations of Armenia, Azerbaijan and Georgia. Chairman Hastings asked Kanerva to raise concerns relating to media freedom in Azerbaijan, the subject of a Commission hearing late last year, and provided a list of specific cases. Numerous other human rights concerns were also discussed from combating anti-Semitism and trafficking in humans as well as promoting democracy. In prepared remarks, Co-Chairman Benjamin L. Cardin stressed the importance of sustained OSCE engagement in efforts to fight anti-Semitism. “In recent weeks we have convened a series of hearings to assess the ongoing work of the OSCE in this regard and have heard from experts. These sessions have confirmed the importance of maintaining a distinct focus on anti-Semitism, and resisting attempts by some to reduce the attention under some kinds of generic tolerance rubric. It has also become clear that the personal representatives need some form of meaningful support mechanism. Perhaps some arrangement could be put in place by the troika of past, present, and future OSCE chairs, to ensure continuity,” remarked Cardin. Similar concerns were echoed in a statement by Ranking Minority Member Christopher H. Smith, “I appeal to you, in your term as Chairman-in-Office, not to allow the OSCE to give in to this fatigue and indifference! Anti-Semitism remains what it has always been, a unique evil, a distinct form of intolerance, the oldest form of religious bigotry, and a malignant disease of the heart that has often led to murder. It continues to threaten our Jewish brothers and sisters, and so the OSCE must redouble its efforts in the fight against the scourge of anti-Semitism. Smith, the OSCE Parliamentary Assembly President’s Special Representative on Human Trafficking welcomed the commitment of the Finnish chairmanship to give priority attention to OSCE efforts to prevent human trafficking, with particular attention to child victims. Russia’s troubling attempts to restrict the scope and size of OSCE election observations missions was also raised. Minister Kanerva expressed disappointment that, despite a concerted effort by OSCE, an acceptable solution could not be worked out to enable the deployment of an observation mission to Russia for the March 2nd presidential elections. He outlined his views regarding observation of the entire election process. “It means candidate and voter registration, electoral campaign, media coverage, complaints and appeals. The ODIHR must continue to be in a position to determine the length and size of observation missions on professional grounds in order to produce meaningful assessments and recommendations benefiting the observed country.” Having headed monitoring missions to Azerbaijan, Belarus, Ukraine, and most recently Georgia, Chairman Hastings called for a timely invitation for OSCE to observe the upcoming November U.S. elections. Kanerva thanked Hastings for his leadership of the mission to Georgia in early January and underscored the importance of close cooperation between ODIHR and the OSCE PA. Turning to Afghanistan, an OSCE Partner for Cooperation country, the Chairman welcomed the role played by Finnish forces in the northern part of that country. Minister Kanerva reported that active discussions were underway among OSCE countries regarding the kinds of initiatives that might be undertaken to assist Afghanistan pursuant to a general decision agreed to by the Madrid OSCE Ministerial Council last November. Priority attention is being given to strengthening border security and management, including along the 750 mile border between Afghanistan and Tajikistan. “At the same time we are discussing whether the OSCE might eventually become active on Afghan territory,” said Kanerva. Before concluding the hearing, the Chairman-in-Office and Chairman Hastings touched on ways to enhance cooperation among the OSCE participating States and strengthen the organization. Hastings acknowledged the complex task of managing the OSCE given the diversity of countries and diverging views among some on fundamental aspects of the organization and its mission. The two agreed on the importance of engagement with Russia. One possibility raised by Chairman Hastings was the assembling of a “Council of Elder Statesmen” along the lines proposed by the Hamburg-based Centre for OSCE Research in its working paper, “Identifying the Cutting Edge: The Future Impact of the OSCE.” In an innovative move, the Finnish chairmanship has expanded the Troika – past, present, and future chairs – to include others slated to assume leadership of OSCE in future years. At the Madrid OSCE Ministerial Council agreement was reached on chairmanships for Greece in 2009, Kazakhstan in 2010 and Lithuania in 2011. “I have invited my colleagues from the future chairmanships of Kazakhstan and Lithuania,” Kanerva reported, “to meet with the current Troika countries Spain, Finland and Greece to develop ideas for longer-term priorities. I am convinced there are many issues where the "Quintet" can add value and lead to more coherent OSCE action in the next few years.” Minister Kanerva concluded, “The Helsinki Commission embodies the longstanding engagement of the United States with the OSCE and the values that underpin it. The OSCE can only work with the full engagement of its participating States. The United States has always played a key role, and must continue to do so, if we are to achieve the ambitious goals we have set for our Organization.”

  • Georgia’s Extraordinary Presidential Elections, a Competitive First

    By Ronald J. McNamara International Policy Director Georgians rang in 2008 amid a rough and tumble political campaign filled with intrigue and capped off by extraordinary presidential elections on January 5. Large street demonstrations had broken out in the capital, Tbilisi, in early November, with protesters demanding early parliamentary elections, a restructuring of the political system and the resignation of President Mikheil Saakashvili, who came to power after leading Georgia’s 2003 Rose Revolution. After several days of peaceful rallies, the authorities moved against the protesters, violently dispersing the crowds and moving against selected media outlets. Saakashvili imposed a state of emergency on November 7, but in the face of mounting international criticism, called the following day for early presidential elections, cutting short his tenure by nearly a year and a half. In accordance with Georgian law, he relinquished the presidency later that month in order to run for a second five-year term. Parliament endorsed the holding of pre-term presidential elections and Speaker Nino Burjanadze became Acting President. Besides the presidential contest, two non-binding questions were also put to voters: moving up parliamentary elections originally scheduled for late 2008 (a demand of opposition demonstrators in November) and the desirability of eventual NATO membership for Georgia. Of the 13 candidates who submitted signature lists to the Central Election Commission, seven candidates were ultimately registered and appeared on the ballot: Levan Gachechiladze (United Public Movement); David Gamkrelidze (New Rights Party); Giorgi Maisashvili (Party of the Future); Shalva Natelashvili (Georgian Labor Party); independent candidate Arkadi (Badri) Patarkatsishvili; incumbent Mikheil Saakashvili (United National Movement); and Irina Sarishvili (Hope Party). Helsinki Commission Chairman, Congressman Alcee L. Hastings from Florida was jointly appointed by Foreign Ministers Miguel Ángel Moratinos (Spain) and Ilkka Kanerva (Finland) to head the OSCE International Election Observation Mission (IEOM), comprising the OSCE Parliamentary Assembly, the Office of Democratic Institutions and Human Rights, the Parliamentary Assembly of the Council of Europe and the European Parliament. Hastings, OSCE PA President Emeritus, had previously led similar missions to Azerbaijan, Belarus and Ukraine. Congressman Lloyd Doggett from Texas served as an international observer under the OSCE PA. Congressional and Commission staff were also deployed as part of the mission, which included 495 short-term observers. The CEC accredited over 100 domestic and foreign media outlets. Several dozen domestic non-party NGOs, in addition to party observers, were also registered to observe the elections. So were 50 international NGOs, including the U.S.-based International Republican Institute and National Democratic Institute. An extensive series of briefings for international observers included presentations by officials administering the elections, political analysts, representatives of non-governmental organizations, and the media, as well as the candidates. Opposition candidates generally complained about an uneven playing field. They claimed abuse of state resources by the incumbent and bias on the part of the CEC, as well as decrying the high costs for placement of televised political commercials, inaccuracies in the consolidated voter list, and acts of intimidation. Several candidates made clear that, under such circumstances, they would not accept the results of the elections. Most voiced a lack of confidence in the system, pointing to the lack of an independent judiciary. One candidate labeled Saakashvili the “Robert Mugabe” of Georgia, after the dictatorial leader of Zimbabwe, for his authoritarianism. Another equated the situation in Georgia with the volatility of Pakistan. Saakashvili, for his part, used the appearance to outline the benefits of his reform agenda, report on his extensive campaigning throughout the country and justify the use of force surrounding the November events. He also bemoaned “the Shakespearean drama” of the campaign, in referring to a reported coup plot allegedly masterminded by candidate Arkadi (Badri) Patarkatsishvili, reportedly Georgia’s wealthiest tycoon, and his close associates. Saakashvili confidently suggested that he could win in the first round, concluding, “it will be unfortunate for the country if I don’t win.” Political upheaval is nothing new in this mountainous Caucasus nation with a population of 4.6 million and an area slightly smaller than South Carolina. Since gaining independence in 1991, Saakashvili’s two predecessors, Zviad Gamsakhurdia and Eduard Shevardnadze were each forced from office, the former in a bloody coup and the latter following flawed elections that spawned the Rose Revolution. Saakashvili garnered a stunning 96.3% of the vote in the January 2004 presidential elections, with a voter turn out nearing 90%. Walking down Tbilisi’s Rustaveli Avenue and Freedom Square, brilliantly lighted for the Christmas season, one was struck by the images of Saakashvili plastered on city buses and huge posters, as well as passersby sporting scarves and matching knitted hats with his party’s signature number “5.” At the same time, there was a certain unease lingering in the air of the capital, perhaps left over from the violent November crackdown, or anxiety over threats of a coup or prospects for renewed mass demonstrations following the elections. While public opinion was fairly evenly split on the imposition of the state of emergency, most people were strongly opposed to the use of riot police and tear gas, as well as the forced closure of the popular Imedi TV channel. Adding to the uncertainty, Patarkatsishvili had reportedly decided to withdraw from the elections within days of the elections only to reverse himself two days before the actual balloting. There were also rumors of possible violence at polling stations on election day. On election day Chairman Hastings and his colleagues observed no significant infractions of the electoral code in the nearly three dozen polling stations they visited. Election precincts visited by their teams were spread out across Tbilisi, as well as in the more rural Gori and Mtskheta Election Districts. We also had an opportunity to observe mobile voting, during which election officials bring a clear plastic voting box and ballot to the home of a voter unable to physically make it to the polling station. Precinct election commissions, composed of representatives from various parties, seemed to work cooperatively, with large numbers of domestic non-partisan and party observers present from opening through the sometimes arduous counting process. Voter list errors were commonplace; some names were missing while those of the deceased sometimes appeared. Procedures allowed for the casting of provisional ballots by those whose names were not listed. In at least two of the polling stations visited, officials and observers alike were on edge amid rumors of possible disruption by outside gangs, though none materialized. The sometimes painstaking vote count often stretched into the wee hours of the morning. Speaking on behalf of the International Election Observation Mission before a crowded press conference the day after the election, Chairman Hastings praised the competitive nature of the presidential contest, a first in Georgian history. He remarked, “I perceive this election as a viable expression of the free choice of the Georgian people,” while acknowledging, “the future holds immense challenges.” The IEOM concluded that the January 5th election “was in essence consistent with most international standards for democratic elections.” The January 6th statement [Click here to view the statement] of preliminary findings and conclusions outlines a series of shortcomings, urging prompt corrective steps by the authorities. Chairman Hastings traveled from Tbilisi to Helsinki to brief Finnish Foreign Minister and OSCE Chairman-in-Office Ilkka Kanerva on the first elections of Finland’s 2008 chairmanship.  [Click here to view the press release]  The IEOM is expected to issue a final report on the Georgian elections in early February. A short distance from the hotel press conference, a crowd of opposition supporters gathered to protest the preliminary results being announced by the CEC suggesting a first-round victory for Saakashvili, narrowly avoiding a run-off. Peaceful protests took place in the days following as several candidates and their supporters remained true to their pledges not to accept the results of the January 5th vote. In a televised address to the nation, Saakashvili remarked, “No one can ignore the opinion of people who did not vote for us,” concluding, “We have to find a consensus.” Still, finding such a consensus will likely prove a daunting task in a country where confrontation has more often than not trumped compromise, sometimes ending in violence. So far, there has been no recurrence of the confrontations of November but opposition parties have largely refused to recognize Saakashvili’s victory. Saakashvili was sworn into office for a second term on January 20, 2008. Some members of the opposition have been engaged in discussions with former Acting President Burjanadze about, for example, means of ensuring pluralism of views in Georgia’s media. But all sides are now focused on the critical parliamentary elections this spring; should opposition parties do well in the balloting, relations between the executive and legislative branches could change substantially in Georgia. Of the nearly 2 million ballots cast (56.9% of the electorate), the CEC announced Saakashvili the winner with 53.47% of the vote and his closest competitor Gachechiladze, at 25.69%. None of the remaining candidates exceeded single digits, according to the official tally. The plebiscites on spring parliamentary elections and NATO membership were overwhelmingly approved, with 69.8% and 72.5% respectively.

  • The Madrid Ministerial Council

    By Janice Helwig and Winsome Packer, Staff Advisors The OSCE participating States concluded the year with a meeting of the Ministerial Council on November 29-30, 2007. Under Secretary of State for Political Affairs Nicholas Burns headed the U.S. delegation. Helsinki Commission Chairman Alcee L. Hastings also participated. Overall Dynamics Tensions remained high within the OSCE in the lead up to the Madrid Ministerial, reducing expectations for any ambitious new initiatives which would need to garner the consensus of all 56 participating States. The high-level meeting in the Spanish capital capped off a year punctuated by fundamental disagreements in the security as well as human dimensions. Russia had made a concerted effort to gain control over OSCE election observation activities and reports, introducing a proposal to effectively subordinate every step of the observation process to consensus, including agreement by the country to be observed on the assessment. Along with Belarus and Turkmenistan, they similarly sought to institute burdensome bureaucratic obstacles to curtail NGO participation in OSCE activities. As in the past, the Russians insisted that there was a need for far reaching reform of the OSCE itself. Additionally, the Kremlin had threatened to “suspend” its participation in the Treaty on Conventional Armed Forces in Europe (CFE). Other highly charged issues included Kazakhstan’s longstanding bid to chair the OSCE and the future of Kosovo and the expiring mandate for the OSCE Mission (OMIK) there. Several participating States, including the United States, were reticent about Astana’s leadership aspiration given gaps in its implementation of OSCE commitments, particularly those on democracy and human rights. Meanwhile, Serbia and Russia were threatening to close OMIK if the Kosovars were to unilaterally declare independence. Despite these potentials pitfalls, negotiations at the Ministerial overall proceeded constructively. Although consensus was not reached on some issues, decisions were ultimately taken on several priority issues following protracted debate, including the Kazakhstan chairmanship and an initiative to strengthen OSCE involvement with Afghanistan. As happened at the 2002 Porto Ministerial, the Madrid meeting had to be suspended while negotiations continued on the margins past the scheduled closing. Earlier in the day, Russia had reneged on its agreement to the decision on OSCE engagement with Afghanistan (which was important to the United States), most likely in retaliation to the U.S. blocking a Russian-sponsored draft decision on OSCE election monitoring. Because agreement on several other decisions was tied to the decision on Afghanistan, consensus on other decisions was at risk. In the end, the Afghanistan and the other decisions were agreed to in the late afternoon, almost five hours after the Ministerial had been scheduled to close. At the closing session at which the decisions were adopted, there was a flurry of interpretive statements as a result of the compromises made to reach consensus. Main issues Kazakhstan’s Chairmanship Bid – The decision on upcoming chairmanships of the OSCE was a focus of numerous bilateral meetings and negotiations. Since 2003, Kazakhstan had expressed its desire to lead the Vienna-based OSCE, possibly in 2009. Some – mainly countries belonging to the CIS – insisted that Kazakhstan deserved the leadership position simply based on its membership in the Organization and argued that Western countries were discriminating against a former Soviet State with their opposition. Others had hoped to prompt Kazakhstan to improve its rights record. In the end, an agreement was reached on future chairmanships: Greece in 2009, Kazakhstan in 2010, and Lithuania in 2011. Kazakhstan made it clear in its statement to the Ministerial that it would uphold long-held tenets of the human dimension such as the autonomy of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), as well as participation of NGOs in OSCE meetings. The Treaty on Conventional Armed Forces in Europe – During various CFE side meetings, the U.S. and Russia skirmished over the Russian Federation’s decision to suspend participation in the Treaty on Conventional Forces in Europe on December 12, 2007. U.S. Assistant Secretary of State for European and Eurasian Affairs, Daniel Fried, led negotiations aimed at addressing Russian concerns and convincing Moscow not to suspend its participation in the Treaty, to no avail. In particular, the Russians had called for abolishment of flank restrictions, arguing that these requirements constrain their effectiveness in addressing terrorism within their territory. The lifting of the flank agreement would allow the Russians to increase their military forces in the Caucasus region of Russia without limits. Russia had also pressed for discarding the requirement in the original CFE agreement which set collective ceilings limiting the equipment/personnel each alliance (NATO/Warsaw PACT) could have in the "Atlantic to the Urals" area and in any given signatory country. Ratification of the Adaptation Agreement would do away with the collective ceilings, recognizing that the Warsaw Pact no longer exists, and permitting Russia to move personnel and equipment more freely in Russia. However, Russia wants assurance that the 20,000 tanks ceiling for the NATO in Europe will remain in place as new members join the alliance. Russia also took issue with the linkage of the allies’ ratification of the Adapted CFE to Russia’s fulfillment of the related Istanbul Commitments to withdraw its armed forces from Georgian and Moldovan territories. Russian Federation negotiator, Anatoly Antonov rejected calls to transfer of the Gadauta military base to Georgian control without agreement from Georgian authorities to permit Russia to maintain a “peacekeeping” force there. He also objected to U.S. demands for inspections at Gadauta and called for the Baltic States to ratify the Adapted CFE. Georgia emphatically objected to any consideration to “legitimize” the presence of Russian forces on Georgian territory. It became apparent that the Russians had presumed that their decision to suspend the CFE would gain them more leverage in negotiations with NATO allies. However, the allies remained united in their opposition to reopening the treaty to negotiations. Many present took Russia’s announcement of suspension of the CFE Treaty on the final day of the Ministerial to indicate that Russia had not been serious about trying to reach an agreement in Madrid. The future of Kosovo and the OSCE Mission in Kosovo (OMIK) was another focus, although more in statements by the Ministers than in negotiations. There was an attempt to get a declaration on Kosovo that would have included support for the continuation of OMIK regardless of the outcome of the status of Kosovo, but the proposed text was blocked by Russia and Serbia. Many countries, including the U.S., urged the unconditional continuation of OMIK in their statements to the Ministerial Council. NGOs were able to attend the Ministerial as at similar meetings in the past, although the invitation to do so came at a late date and so reduced the level of participation. Preserving this aspect of the Council meeting was particularly important as Russia, Belarus, and Turkmenistan had been questioning procedures for NGO participation in other OSCE meetings and blocked a draft Ministerial decision on Human Rights Defenders. Nonetheless, some NGOs did face access problems and had trouble getting into the conference center on the first day, although the opening plenary was supposed to be open to them. Helsinki Commission Chairman Congressman Alcee Hastings and Department of State Assistant Secretary for Europe Dan Fried held meetings with some NGOs in order to show their support. Increasing OSCE involvement with partner country Afghanistan was supported by the United States There also was wide support for the decision among countries at the Madrid meeting, though Russia and France were unconvinced that the OSCE should be working outside the territory of participating States. In the end, there was consensus on OSCE activities related to border management, with the caveat that most of the activities would take place in OSCE counties bordering Afghanistan. An effort to adopt a draft convention giving legal personality to the OSCE and providing privileges and immunities for OSCE personnel was, for the moment at least, scuttled by Russia. The idea of providing a legal framework for OSCE activities has kicked around for years, especially after the establishment of OSCE institutions and missions. Over the past year, negotiations had produced an arguably viable draft convention, which a number of participating States hoped would be adopted in Madrid and opened for signature. Although Russia ostensibly supports the draft treaty, it has now conditioned acceptance of the treaty on the simultaneous adoption of an OSCE “charter.” For the United States and some other countries, this linkage was a deal-breaker since drafting a charter opens the door to re-writing the fundamental principles of the OSCE.

  • OSCE Mission to Bosnia and Herzegovina Continues to Play a Constructive Role

    By Janice Helwig, Staff Advisor Helsinki Commission staff recently visited the OSCE Mission Bosnia and Herzegovina to see how its work has adjusted to the evolving situation in the country. Mission Mandate: Activities and Priorities The mandate of the Mission to Bosnia and Herzegovina was established by the December 1995 OSCE Ministerial Council in Budapest in response to taskings given to the OSCE by the Dayton Peace Agreement. It focused on elections, human rights monitoring, and facilitating the monitoring of arms control and confidence- and security-building arrangements. In 1996, the Permanent Council expanded the mandate to include democracy building. Although the mandate has not formally changed since 1996, the focus and work of the OSCE Mission has adapted with the changing situation in the country, and the Mission continues to play an active and effective role in the post-conflict rehabilitation of the country. The Mission’s work on elections, security and confidence building measures, and sub-regional arms control is largely finished. The conduct of elections has been turned over to Bosnian authorities, and most of the work under Dayton Annex 1b, Articles II and IV, has been completed. While some activities have decreased, work on human rights monitoring and education has increased. As refugees have returned and as war crimes trials have begun throughout the country, the Mission has established programs to monitor potential discrimination against returnees in economic and social rights, and is monitoring war crimes trials at all levels. The Mission’s work to promote desegregated education and to foster good governance at the local level is bearing fruit. Some schools have been unified; others now hold joint activities and classes. Many municipal governments are working on a five-module good governance training program. One of the OSCE Mission’s advantages continues to be its presence throughout the country. The mission currently consists of the headquarters office in Sarajevo, three regional centers (RC), and 20 field offices (FO). The Mission’s field offices are one of its key advantages over others organizations. The relationships built with local authorities and communities are the basis for OSCE’s effectiveness and often used by other organizations and Embassies not resident throughout the country. The Mission currently focuses its work through four Departments: Democratization, Education, Human Rights, and Security Cooperation. Each Department conducts several programs, which are standardized and implemented throughout the country by staff of the field offices. Democratization Programs The work of the Democratization Department focuses on developing efficient and transparent government institutions, building parliamentary capacity, and supporting civil society. A major component is UGOVOR, a country-wide local government project launched in March 2005. As other international organizations are becoming more involved with public administration reform, the Mission is shifting to building ties among municipal governments and developing civil society. In addition, the Mission works in small municipalities where other international organizations are not. OGOVOR is a five-module training program to improve regulatory elements of municipal governance and promote greater transparency and accountability. The five modules are: access to information; ethics for elected officials; participatory strategic planning; harmonization of municipal statutes; and partnership between civil society and municipal governments. Education Programs In July 2002, at the request of the Office of the High Representative and with the concurrence of the Peace Implementation Council (PIC), the OSCE Mission assumed responsibility for coordination of the work of the international community on education. The first aim was to ensure that textbooks and classes were non-political, non-divisive, and free from derogatory propaganda concerning other ethnic and religious groups. New textbooks are being distributed this year, and most lessons are now free from intolerant bias. Nevertheless, most schools in Bosnia remain divided – they are either two schools under one roof, divided by ethnicity, or one-ethnicity schools. Parents, particularly returnees, generally support segregation, and authorities argue that classes must be separated into the three languages of the country, each of which also has its own curriculum for history and geography. Such segregation fosters children’s perception that they should not mix with individuals from the other groups and does little to promote reconciliation. Moreover, politicians – particularly at the local level – sometimes use education to build nationalist credentials in the hopes of gaining votes. The Mission is working to desegregate schools as much as possible. Some schools have been integrated – such as the Mostar Gymnasium which began unified classes in the fall of 2006 – and others have begun holding joint classes on certain subjects such as computer technology. One focus is building civil society input to school reform through the creation of and support for parent and student councils, as well as teachers’ forums. The Mission recently published a manual for student councils in secondary schools. The OSCE also works with municipal, entity, and State authorities on education reform, including legislative and curriculum reform. Human Rights Programs Until recently, the Mission’s human rights work had focused on property rights and restitution, in line with the need at that time to follow cases as refugees and IDPs return to reclaim their property. As returnees have settled in, the Mission has turned to monitoring potential discrimination against returnees and other vulnerable groups by local authorities. The Mission has also been monitoring trials since the introduction of a new legal system three years ago; this work is increasing as the number of war crimes trials increases in Bosnian courts. The Mission monitors how local authorities provide basic economic and social support – such as health care, housing, and pensions - to vulnerable groups, including returnees, Roma, and disabled persons, in order to address any patterns of discrimination that emerge. Trial monitoring is aimed at ensuring fair trials, particularly war crimes trials, and at identifying shortcomings in the Bosnian judicial system and resolving them. There is a special unit which monitors 11bis trials transferred by the ICTY to Bosnian courts. The Mission also does significant work with Roma communities. For example, in one municipality alone, the OSCE has raised the number of Roma children in school from 8 to almost 90. Security Cooperation Programs Programs under the Security Cooperation Department originally focused on implementation of Dayton Peace Agreement Annex 1b, Articles II and IV. Work on Article II was completed in 2004 with the signing of the Agreement on the Termination of Article II on 28 September. Although some work continues under Article IV, military reform and troop reductions have resulted in significantly fewer inspections. UNDP has taken the lead in reducing small arms and light weapons (SALW. Currently, the work of the Department focuses on institution building and parliamentary capacity-building. The Department recently completed a pilot training course for various levels of government officials on the government’s new security policy concept. The Department also conducts training on the OSCE Code of Conduct on Political-Military Aspects of Security. The parliamentary capacity building program began in 2002 and works with defense and intelligence committees. It organizes trainings, visits to other countries, and strengthening of oversight capabilities.

  • Ukraine’s Pre-Term Parliamentary Elections and Demonstrable Commitment to Democratic Standards Focus of Commission Initiatives

    By Orest Deychakiwsky and Ronald McNamara The Helsinki Commission undertook several initiatives this fall in connection with Ukraine’s September 30th pre-term parliamentary elections, including deploying staff to observe the elections, sponsoring a Congressional resolution on the elections, and convening a public briefing on their implications. The elections – the fifth national balloting in less than three years -- came on the heels of a political crisis that had engulfed Ukraine’s president, government and parliament for much of 2007. The elections to the 450-seat parliament, the Verkhovna Rada, were judged by the OSCE-led International Election Observation Mission (IEOM) to have been conducted “mostly in line with OSCE commitments and other international standards for democratic elections and in an open and competitive environment.” The September elections were monitored by some 800 international observers under OSCE auspices, including Helsinki Commission staff members who observed the balloting in western Ukraine’s Ivano-Frankivsk oblast and Kyiv’s Polilskiy District. Swedish parliamentarian Tone Tingsgård, the Special Coordinator of the short-term election observers for the IEOM and Vice-President of the OSCE Parliamentary Assembly, stated that these elections were conducted “in a positive and professional manner.” While there were shortcomings, notably with respect to the quality of voter lists and delays in processing vote counts in a few districts, OSCE observers assessed the voting as good or very good in 98 percent of the nearly 3,000 polling stations visited, and the vote count was assessed as good or very good in 94 percent of the IEOM reports. Commission staff observations were consistent with other international observer assessments. The voting process was calm, orderly, and, with very few exceptions, conducted in an efficient, professional and transparent manner. Members of precinct commissions representing various political parties and blocs, as well as the presence of party observers, helped to ensure the integrity of the voting process. The most significant shortcomings witnessed by staff stemmed from inaccuracies in the voters lists which led to inconsistencies regarding the treatment of voters, including the disenfranchisement of some at polling stations visited on election day. The elections – with 60% voter turnout -- saw Prime Minister Viktory Yanukovich’s Party of the Regions come in first with 34.3% of the votes. The most substantial gains over previous elections, however, were garnered by the electoral bloc of former Prime Minister Yuliya Tymoshenko (YTB), with 30.7%. President Victor Yushchenko’s Our Ukraine-People’s Self-Defense bloc (NUNS) placed third with 14.15%. Two other parties passed the 3 percent threshold required to enter the new parliament – the Communist Party with 5.4% and Bloc of former Rada Chairman Volodymyr Lytvyn with 3.9 percent. The two electoral blocs associated with Ukraine’s 2004 Orange Revolution -- YTB and NUNS -- have created a razor-thin majority coalition in the new Rada and on December 4, elected Foreign Minister Arseniy Yatseniuk as the new Chairman with a single vote to spare. On October 5, Helsinki Commission Chairman Alcee L. Hastings, together with 12 other House Members, including Commissioners Slaughter, Solis, Butterfield, Smith, Aderholt and Pitts, sponsored a resolution congratulating the Ukrainian people for the holding of free, fair, open and transparent parliamentary elections in a peaceful manner consistent with Ukraine’s democratic values and national interest and expressing continuing Congressional interest and support for Ukraine. The resolution, which has garnered bipartisan backing, expresses strong support for the efforts of the Ukrainian people to build upon the democratic gains of the Orange Revolution. The resolution recognizes the link between the consolidation of democracy and the rule of law and the strengthening of Ukraine’s independence and integration with the West, and, importantly, serving as a positive role model for all too many post-Soviet countries caught in the vice of authoritarianism. In introducing the resolution, Chairman Hastings expressed the hope “that Ukraine’s political leaders will form a government reflecting the will of the Ukrainian people as expressed by the results of the elections” and “that the new parliament and government will focus on the constitutional framework, especially the question of separation of powers, in order to avoid the political uncertainty that we witnessed earlier this year.” On October 25, the Commission convened a public briefing: “The Ukrainian Elections: Implications for Ukraine’s Future Direction” with Ukraine’s Ambassador to the United States Oleh Shamshur, as well as former U.S. Ambassador to Ukraine William Miller, and Stephen Nix of the International Republican Institute, who had both been present at the elections as international observers. In his assessment of the elections, Ambassador Shamshur noted that “for the second time in a row, Ukraine succeeded in avoiding most of the electoral pitfalls. Aside from minor deficiencies, there was no harassment of political opponents, no media oppression, no so-called creative counting or use of forged absentee ballots…Ukraine has once again confirmed its democratic credentials. That’s the irreversibility of the democratic change spurred by the Orange Revolution.” Ambassador Miller, who observed in Ukraine as a member of the National Democratic Institute’s international observation delegation, called the elections “relatively free and fair.” He expressed the “hopeful possibility” that the two democratic (Orange) coalition partners, Yuliya Tymoshenko and Victor Yushchenko, “will fulfill finally the promises they made with their hands on their hearts” during the 2004 Orange Revolution. Mr. Nix, while noting that IRI’s election observation mission found that the elections “broadly met international standards,” nevertheless urged the Ukrainian parliament and election officials “to address the quality of the voter lists to ensure their accuracy for the next national election.” He also called upon Ukraine’s leadership to take steps “to resolve the constitutional issues that were the very reason these elections were called.”

  • Continuing the Fight: Combating Intolerance and Discrimination against Muslims

    By Mischa Thompson, PhD, Staff Advisor The Cordoba conference was the first OSCE event to solely focus on the experiences of intolerance and discrimination against Muslim communities within the OSCE. Despite concerns that the conference took place during Ramadan and was primarily planned by the Spanish Chair-in-Office (CiO), the event offered an important forum for highlighting and addressing a range of concerns from both OSCE Participating States and the Muslim community. While questions of what form OSCE follow-up efforts will take remain, the need for such a conference was underscored by the multitude of concerns raised at the conference as well as current events highlighting existing tensions between Muslim and non-Muslim communities within and between OSCE Participating States. With estimates of 20 million Muslims in Western Europe and 14-23 million Muslims in Russia, Muslims are often cited as the largest religious minority in Europe and Islam as the fastest growing religion. Spain, in particular is experiencing an unprecedented growth in its immigrant population with the majority being Muslims. While Muslim communities’ experiences of prejudice and discrimination within many parts of the OSCE are not new, following the terrorist attacks in Madrid, London, and the United States, many participating States have increased their focus on the Muslim community amidst security and immigration concerns. In this context, the conference was planned by the Spanish CiO to address the historical and contemporary causes and consequences of intolerance against Muslims and the use of media, education, and other strategies to address the problem. In particular, five themes dominated the discussions: “Islamophobia”: Participants were concerned by the use of the term Islamophobia, which currently describes attitudes and behaviours ranging from hate crimes to housing discrimination and has led to unclear and inconsistent use. Several participants noted that the term leads all problems experienced by Muslims to be viewed as religious based, when race, culture, and socio-economic factors have also been cited as reasons for tensions and problems. Notably, the Holy See cautioned against only religious approaches and argued for increased attention on migration and culture. Gender equality: Participants raised concerns that gender equality issues were often confined to discussions about forced marriages, honor killings, and head scarves and other dress, while ignoring everyday experiences of discrimination, for example in employment. It was suggested that Muslim women were often politicized to exacerbate differences between Muslims and others, but often did not actually address the realities of Muslim women or serve to benefit them. Integration: Many Participating States highlighted changes to or the creation of integration policies and programs to address concerns voiced by Muslim communities. Several civil society groups noted that some of these efforts did not address: 1) the issues of xenophobia and racism exhibited by hate crimes and employment and housing discrimination that target even ‘integrated’ immigrants – i.e., those who are citizens, speak the language, hold college degrees, etc. and 2) that some of these policies were inherently discriminatory in that they only applied to Muslims and not other migrant populations. It was stressed that integration and discrimination policies be discussed together and that Muslim populations be able to participate in the decision-making process of the development of these policies in some capacity. Stereotypes: Concerns surrounding monolithic image of Muslims, such as all women wearing head scarves and all men being terrorist were highlighted. Mechanisms for addressing these stereotypes included ensuring that school textbooks accurately reflect the history of migration and Islam and Muslims in the world, especially in cases where religion is taught in schools. ‘Cultural competence’ and other diversity or sensitivity training for teachers and media was suggested. Several speakers suggested that aims to utilize “moderate Muslims” for public platforms had the potential to backfire by not being seen by Muslims as ‘true representatives’ and also serving to reinforce a non-existent, yet stereotypical dichotomy between ‘good’ and ‘bad’ Islam. Hate Speech: The need to strike a balance between protecting freedom of speech and the protection of vulnerable groups and individuals was discussed. Despite calls for defamation of religion laws, it was generally recommended that publicly speaking out and unequivocally condemning intolerant speech, not legislating against it, was the best response. Self-regulation, codes of conduct, internet monitoring and training for the media and other sectors of society, including the positive involvement of political leaders, was discussed as a means to best counter hate speech. The Conference ended with a declaration drafted by the Spanish CiO, which: reaffirmed that racism, xenophobia, anti-Semitism, discrimination against Christians, and discrimination against Muslims, are against the core OSCE commitments, offered support for the three Personal Representatives, and, called upon the Office for Democratic Institutions and Human Rights (ODIHR) to strengthen the work of its Tolerance and Non-Discrimination Program on intolerance and discrimination against Muslims. The conference was preceded by a one-day Civil Society Preparatory Meeting hosted by the Spanish CiO with the goal of providing NGOs with an opportunity to prepare recommendations to be presented to the Cordoba conference. Of great concern were allegations that the Spanish CiO attempted to restrict the participation of NGOs in the preparatory meeting and at the Cordoba conference at a time when human rights defenders have increasingly been under attack within the OSCE. Generally, because there was such interest by participating States to speak during the opening sessions of the conference, there was little time to adequately discuss solutions to many of the issues on the Cordoba Conference agenda. While this suggests the need for a follow-up OSCE conference as proposed by the OSCE Mediterranean Partner, Algeria, few participating States explicitly outlined whether and how the OSCE should implement efforts discussed at the conference. Further consideration should therefore be given for ways to ensure the expeditious implementation of mechanisms that combat intolerance towards Muslims within the OSCE. This assertion was underscored one week later at a University of Michigan conference entitled, “Islamophobia/Islamophilia: Beyond the Politics of Enemy and Friend” where Muslim and non-Muslim scholars from around the world addressed the global security implications and human rights concerns associated with not successfully combating prejudice and discrimination against Muslims and mischaracterizations of Islam.

  • Srebrenica: Twelve Years after the Genocide and the Signing of the Dayton Accords

    By Cliff Bond, Senior Advisor In February of this year, the International Court of Justice issued a decision confirming that an act of genocide had been committed in the UN designated safe haven of Srebrenica in July 1995. The court decision came at a time when political tensions were already high in Bosnia and Herzegovina. A hotly contested election and a failed attempt at constitutional reform a few months earlier had led senior politicians to revert to war-time rhetoric not heard since the signing of the Dayton Peace Accords in late 1995. Many in the international community failed to appreciate how the decision would further sharpen inter-ethnic tensions and unleash a pent-up sense of humiliation and injustice among Bosnian Muslims for the failure to either prevent this atrocity or hold its principle perpetrators, indicted but still at-large Bosnian Serb wartime leaders Radovan Karadzic and Ratko Mladic, accountable. In response to this deteriorating political situation and in view of my experience as a former U.S. Ambassador to Sarajevo, then-High Representative Christian Schwartz-Schilling, the senior international representative responsible for implementing Dayton, asked me in May to serve as his Envoy to Srebrenica. My one year mandate was to address concerns of Srebrenica’s residents and future returnees for justice, security and a better life. The Helsinki Commission kindly made me available to serve on a part-time basis for this purpose. Mid-way through this mandate I am pleased to report progress is being made by local authorities and the international community working constructively together to improve conditions in the Srebrenica region, albeit much more needs to be done. At the beginning of our work in Srebrenica we faced the need to reduce political tensions on the ground. Without calming the situation and creating space for dialogue, progress and cooperation would not have been possible. Many factors contributed to a now-improved environment, but a decision to remove an Orthodox church constructed illegally on privately-owned Bosnian Muslim land in the village of Konjevic Polje, not far from Srebrenica, was certainly important. This had been a long standing dispute and action on it underscored that in every part of Bosnia and Herzegovina the rights of citizens, regardless of ethnicity, must be respected. Unfortunately, the decision is yet to be fully implemented. The sooner it is, the more confidence it will generate and the more trust will be built among the citizens of Srebrenica. But this is a small step when compared with the continued liberty of many of those who planned and carried out the genocide at Srebrenica, which remains a source of frustration for the survivors. The actions of incoming High Representative Miroslav Lajcak in early July to accelerate investigations of the suspects of the Srebrenica atrocities was significant, as was the full cooperation in implementing these measures by the authorities of the Republika Srpska – the Bosnian Serb entity, which along with the Muslim-Croat Federation, make up the decentralized state of Bosnia and Herzegovina. A decision to fund a team of international investigators and then to open a branch of the State Prosecutor’s Office in Srebrenica were also meant to reinforce this effort and speed up prosecutions. Taken together, these actions assured the public that the individuals who played a part in the crimes at Srebrenica will eventually be brought to justice. Another significant step had been taken earlier by Lajcak’s predecessor, Christian Schwartz-Schilling. He acted to establish the legal authority for the Srebrenica-Potocari Foundation (a memorial and cemetery for the victims) at the state level and provided for its security through a state-level law enforcement agency. This addressed a fundamental concern of surviving family members for the Foundation’s future once the Office of the High Representative and the exceptional international presence ended in the country. This should be viewed as a human and moral gesture taken out of recognition of the tragedy that occurred, not as a political one, as some have chosen to portray it. The decision deserves the full support of all the citizens of Bosnia and Herzegovina. Although the current situation in terms of public order around the Srebrenica region is good, returnees are understandably sensitive to the issue of security. We are working with entity authorities to establish and maintain more ethnically balanced policing in the municipality. Along with the speedier prosecution of war criminals, nothing would make returnees to the region feel more secure and protected. When I came back to Srebrenica in May this year, I found it little changed since my first visit in 2001. In the past six months the authorities of the Republika Srpska have invested more than $25 million in infrastructure and other public service improvements in the region and deserve credit for the effective way in which this has been carried out. Additional funding will be dedicated for this purpose in the entity’s 2008 budget and municipal authorities will be involved in planning and identifying priorities for this spending. The state-level Council of Ministers has also approved an approximately $7 million spending package for infrastructure development, business promotion and the improvement of public services. This is a good package of measures, and includes physical improvements to the town’s center, but it needs to be implemented as quickly as possible. The Federation has also devoted some $2.5 million to support sustainable returns and directed some of its public enterprises to invest in the region. A Development Conference was organized in Srebrenica by the U.N. Development Program, international donors and the municipality on July 3. Its object was less about raising more money, though it did, and more about better coordination among donors to produce a more visible impact of the considerable assistance already dedicated to the region. Donors need to better align their activities with the municipality’s own priorities and be more transparent and inform the public of their programs and results. Nothing will change economic conditions for the better in Srebrenica more than the generation of new jobs. Small but still important first steps have been taken to expand Bosnian Muslim employment opportunities in public services and enterprises in the area, and this is a positive step. More certainly needs to be done on this score. The real potential for job creation, however, is in the private sector and through attracting new investment to the region. This is why we organized a major investment conference on November 6. The conference demonstrated that investor opportunities and interest exist in Srebrenica, and an American and Slovene firm announced plans to invest in the municipality at the end of the conference. There have been additional expressions of investor interest since, but now local authorities must work, with the support of the international community, to translate this potential into actual investment and more jobs. Despite an agreement signed by the Federation and the Republika Srpska earlier this year on improving access to health services, returnees to Srebrenica complain that they are still unable to get the treatment and benefits to which they are entitled. This is also true of other social services, which like health care are the competency of each entity. The problems arise as refugees return from one entity to another. Entity authorities must cooperate in finding a solution to this as a matter of urgency, not only for Srebrenica, but for other returnee communities throughout the country. Unless you have spent time in Srebrenica, you cannot appreciate how isolated the community is. Currently most villages in the area have no access to radio or television signals, and this only strengthens a sense of isolation and abandonment. Thankfully, the Dutch and U.S. governments are working to establish radio and television coverage throughout the area. A U.S. firm, Cisco Systems, will also soon provide wireless broadband Internet access to the community, allowing Srebrenica’s schools and youth to connect with the outside world. All of these positive initiatives will only succeed if a constructive dialogue is maintained among the members of the Srebrenica community. Dialogue requires courage and confidence and will be essential in the months ahead if we are to reach agreement on such issues as developing Srebrenica’s natural resources, including its mineral springs which were a major pre-war tourist attraction, bringing other business to the region and providing a better ethnic balance to its police and other public services, including in the senior ranks. In my work over the last six months, I have found the people of Srebrenica, after all that they have been through and in the midst of continuing real hardship, are capable of working together to build a better future. In this they can serve as an example to the political leaders of their country who must work together to achieve the constitutional and other reforms that can secure Bosnia and Herzegovina’s integration into the Euro-Atlantic community.

  • OSCE Chairman Addresses Helsinki Commission in Advance of Madrid Ministerial

    By Ronald J. McNamara, International Policy Director Spain’s Foreign Minister, Miguel Angel Moratinos, appeared before the Helsinki Commission on October 29, in his capacity as Chairman-in-Office of the Organization for Security and Cooperation in Europe, to discuss developments in the 56-nation OSCE before ministers meet in Madrid in late November. Similar hearings with the top political leader of the Vienna-based organization have been convened annually since 2001. Finland will assume the year-long chairmanship beginning in January. In prepared remarks, Commission Chairman Alcee L. Hastings noted, “While the participating States may share a common view of Europe on paper, translating that vision into reality is another matter altogether. While all OSCE commitments have been agreed to by all of the countries, the fact is that there are human rights commitments that have been on the books for many years that would not be agreed to by some today. Indeed, the OSCE, and its precursor, the CSCE, have served as barometers for relations among the participating States. Frankly, the current barometric pressure is low, signaling a likely impending storm.” Commission Co-Chairman Benjamin L. Cardin, also in a prepared statement, commended the Government of Spain for organizing the 2005 Córdoba Conference on Anti-Semitism and on Other Forms of Intolerance. He noted that the Helsinki Commission has been particularly active in the face of the spike of anti-Semitism and related violence in the OSCE region. “We appreciate your efforts to keep this important issue on the OSCE agenda with the reappointment of the personal representative on different aspects of tolerance as well as the related conferences convened this year in Bucharest and Córdoba,” said Cardin. The October 2007 Córdoba Conference focused on intolerance and discrimination against Muslims, a priority concern of the Spanish chairmanship. Commissioner Louise McIntosh Slaughter, who chaired the hearing, expressed particular appreciation for the Minister’s recognition of the distinctive contributions of parliamentarians to the Helsinki process. Slaughter has been a long-time active participant in the OSCE Parliamentary Assembly. She welcomed the timeliness of the hearing and recognized the complicated dynamics evident in the lead up to the Madrid Ministerial. “I know you have an ambitious agenda for the Madrid meeting and the Russians and others may complicate your work given the OSCE rule requiring consensus,” she said, continuing, “over the years, I have appreciated the opportunity to work closely with fellow parliamentarians from throughout the OSCE region, from Vancouver to Vladivostok. The OSCE PA has provided important leadership on issues from combating anti-Semitism and other forms of intolerance to promoting projects aimed at protecting the environment, to combating the scourge of human trafficking and advancing security among the participating States.” As one of Congress’ leading voices on equal rights for women, Commissioner Slaughter also commented on the OSCE PA’s trailblazing work in this area, as well. Moratinos’ testimony covered a wide range of accomplishments during the Spanish chairmanship as well as the numerous outstanding and potentially contentious issues on the OSCE’s agenda. On Kosovo, the Minister stressed, “We have managed over the years to maintain a neutral and unbiased position in regard to the status of Kosovo and the communities recognize this effort of OSCE. While the OSCE is not directly involved in the status negotiation, we are, as OSCE, contributing to the process of creating the necessary conditions on the ground for the implementation of the status settlement.” In response to a query from Slaughter about a possible unilateral declaration of independence by Kosovo and the prospects for renewal of OSCE’s current mandate covering operations in Kosovo which expires at year’s end, Moratinos stressed that “it's very important that OSCE maintain its engagement in Kosovo, whatever is going to be the future status. We are ready to stay in Kosovo in order to focus on monitoring protection of the rights of communities, particularly regarding the centralization and the protection of cultural and religious sites.” With regard to longstanding conflicts in the OSCE region, the OSCE Chairman-in-Office pointed to the Organization’s continuing work to facilitate a settlement on the Transnistrian issue in Moldova, through participation in the "five-plus-two" negotiations. Regarding the Nagorno-Karabakh conflict, he reported that while ongoing mediation efforts by the OSCE Minsk Group have not resulted in a breakthrough in the settlement process, the parties nevertheless remain committed to continuing the negotiations. Moratinos cited concern over serious incidents both in Abkhazia and the zone of the Georgian-Ossetian conflict. He discussed the chairmanship’s efforts in the aftermath of the August 6th missile incident between Russian and Georgia, stressing the need for forward-looking measures to build confidence between the two OSCE countries and avoid similar incidents in the future. Turning to Afghanistan, the OSCE's newest Partner for Cooperation, Slaughter remarked, “When I first flagged the concerns regarding the problems in Afghanistan in the OSCE context, some people said ‘that isn't our concern, it's outside the OSCE region.’ Well, one of the lessons of September 11 is that events in seemingly faraway lands do matter for the people there and ultimately for our own security.” Moratinos, in response, said “The situation in Afghanistan continues to have a substantial impact on security in Central Asia. In this respect, the OSCE is considering a serious border management project, particularly in Tajikistan. We hope to encourage counterparts in Afghanistan in these border related activities.” Spain is proposing an informal discussion on the margins of the Madrid Ministerial on the OSCE’s role in promoting the stability and future of Afghanistan. Slaughter referred to a recent meeting she had with Afghanistan’s President Karzai in which she underscored the importance of the movement of women in that country and the benefits of educating his young Afghan girls. An outspoken supporter of Kazakhstan’s longstanding bid to chair the OSCE, Moratinos remarked, “this bid has been welcomed by all members of the Organization and we hope and we are sure that this is an excellent opportunity for Kazakhstan, Central Asia, and the OSCE as a whole. For now, there is not a final consensus regarding the date of the chairmanship by Kazakhstan, but as Chairman-in-Office, Spain is actively seeking to build a consensus amongst all OSCE states on this important decision for the Organization.” Broaching concerns over observation of upcoming parliamentary elections in the Russian Federation scheduled for December 2, Commissioner Slaughter cited remarks by a senior Russian elections official suggesting that there would be a numerical limit to the number of international observers, including OSCE observers to 400 in total. Slaughter pointed out that the OSCE alone deployed over 450 in 2003 for the last election to the State Duma, Russia’s parliament. In response, Moratinos stated, “If there is a danger in the debate of election observation, it is that some participating States, to a certain extent, would like to shift the discourse away from commitments and the fulfillment, or lack of fulfillment. We find it unhelpful to call into question the well established OSCE practice on election observation, which so far has proved most fruitful. In this respect, it is our concern that the announcement made by the Russian representative in Vienna indicating that the invitation to observe the Duma election would be ‘ala carte.’” On the thorny issue of Russian intransigence in the OSCE, Ranking Minority Member Christopher H. Smith, in a prepared statement, underscored that the power of ideas remains a meaningful force today as witnessed by the drama being played out in the arena of the OSCE between those committed to pluralistic democracy and those pursuing authoritarianism, euphemistically termed “managed democracy, and dictatorship, as in Belarus and others. “Compromising on core values or watering down longstanding commitments is not the solution to the current impasse. Rather, our responsibility is to remain steadfast to these values and principles to which all participating States – including those now recalcitrant – have promised to uphold in word and deed,” warned Smith. Moratinos concluded by focusing on the future of the OSCE against the backdrop of discontent among some participating States, notably Russia, Belarus and like-minded countries with some of the activities of the Organization and its direction as well as uncertainty over sustained funding of OSCE, including potential gaps between U.S. rhetorical support and actual commitment of resources. On the former, the Minister suggested that perhaps the time was ripe for the convening of an OSCE summit meeting of Heads of State or Government from the participating States. The last OSCE summit was held in Istanbul, Turkey, in 1999. Skeptics might question the prudence of organizing a summit now, given the acrimony over fundamental aspects of the OSCE standing in stark contrast to the 1990 Paris Summit which opened a new chapter in the Helsinki process firmly rooted in a commitment to pluralistic democracy and free and fair elections. On the question of U.S. funding of OSCE, Moratinos voiced concern over “some rumors” regarding possible cuts in support and enlisted the support of members of the Helsinki Commission in addressing the matter. “I know that the Helsinki Commission plays a unique role as a forum for debate on the burning issues of the day facing the OSCE and the region. In so doing, this Commission pays unique tribute to the longstanding and continued engagement by the United States with the OSCE and the values that underpin it,” said Moratinos.

  • U.S. Delegation Initiatives Win Wide Approval at OSCE Parliamentary Assembly Meetings in Kyiv

    By Robert Hand, Staff Advisor More than 200 parliamentarians from throughout the OSCE region, including 13 members of the U.S. Congress, assembled in Kyiv, Ukraine from July 5 to 9, 2007 for the convening of the Sixteenth Annual Session of the OSCE Parliamentary Assembly (OSCE PA). Also in attendance were representatives from several Mediterranean Partners for Cooperation countries, and delegates representing Afghanistan, the newest country designated by OSCE as a Partner for Cooperation. The U.S. Delegation was led by the Chairman of the (Helsinki) Commission on Security and Cooperation in Europe, Representative Alcee L. Hastings (D-FL), a past president of the OSCE PA serving as President Emeritus. Commission Co-Chairman, Senator Benjamin L. Cardin (D-MD) co-chaired the delegation. House Majority Leader Steny H. Hoyer (D-MD), a past Commission chairman and the highest ranking Member of Congress ever to attend an annual session, also participated, joined by the Commission’s Ranking Republican Member, Rep. Christopher H. Smith (R-NJ) and Reps. Louise McIntosh Slaughter (D-NY), Robert B. Aderholt (R-AL), Mike McIntyre (D-NC), Hilda L. Solis (D-CA), G.K. Butterfield (D-NC), Marcy Kaptur (D-OH), Michael R. McNulty (D-NY), Doris Matsui (D-CA), and Gwen S. Moore (D-WI). The designated theme for this year’s Annual Session was “Implementation of OSCE Commitments.” Assembly President Göran Lennmarker (Sweden) opened the Inaugural Plenary Session which included an address by Ukrainian President Viktor Yushchenko, who stressed Ukraine’s commitment to democratic development. The OSCE Chairman-in-Office, Spanish Foreign Minister Miguel Angel Moratinos, also addressed the plenary and responded to questions from the parliamentarians. Starting Off at the Standing Committee At the start of the Annual Session, Chairman Hastings participated in the meeting of the OSCE PA Standing Committee, the leadership body of the Assembly composed of the Heads of Delegations of the 56 OSCE participating States and the Assembly’s officers. He presented a summary of his activities as Special Representative on Mediterranean Affairs, including his visits in June to Israel and Jordan. During the Kyiv meeting, he also convened a special meeting on the Mediterranean Dimension of the OSCE, attended by approximately 100 parliamentarians from Algeria, Egypt, Israel, Jordan, and the participating States. Ongoing Committee Work Members of the U.S. Delegation were active in the work of the Assembly’s three General Committees: Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. The committees considered their respective resolutions as well as nine “supplementary items,” additional resolutions submitted before the session. Senator Cardin introduced a supplemental item on “Combating Anti-Semitism, Racism, Xenophobia and other forms of Intolerance against Muslims and Roma.” Seven other U.S. delegates introduced and secured passage of a total of 25 U.S. amendments to the various committee resolutions and supplementary items, including Chairman Hastings and Majority Leader Hoyer on OSCE election observation; another Hastings amendment on past use of cluster bombs; Smith and McIntyre amendments regarding trafficking in persons; another McIntyre amendment on Belarus; Solis amendments on migration; Moore amendments on the use of “vulture funds,” and a Butterfield amendment on human rights. The U.S. Delegation was also instrumental in garnering necessary support for supplementary items and amendments proposed by friends and allies among the participating States. The supplementary items considered and debated in Kyiv, other than Senator Cardin’s, included “The Role and the Status of the Parliamentary Assembly within the OSCE”; “The Illicit Air Transport of Small Arms and Light Weapons and their Ammunition”; “Environmental Security Strategy”; “Conflict Settlement in the OSCE area”; “Strengthening OSCE Engagement with Human Rights Defenders and National Human Rights Institutions”; “The Ban on Cluster Bombs”; “Liberalization of Trans-Atlantic Trade”; “Women in Peace and Security”; and “Strengthening of Counteraction of Trafficking Persons in the OSCE Member States.” Guantanamo Bay Raised Following her appearance before the Helsinki Commission in Washington on June 21 during a hearing on “Guantanamo: Implications for U.S. Human Rights Leadership,” Belgian Senate President Anne-Marie Lizin, the OSCE PA Special Representative on Guantanamo, presented her third report on the status of the camp to a general Plenary Session of the Assembly. This report followed her second visit to the detention facility at Guantanamo on June 20, 2007 and provided the Assembly with a balanced presentation of outstanding issues and concerns. Senator Lizin concluded the report with a recommendation that the facility should be closed. Engaging Other Delegates While the delegation’s work focused heavily on OSCE PA matters, the venue presented an opportunity to advance U.S. relations with OSCE states. During the course of the Kyiv meeting, members of the U.S. delegation held a series of formal as well as informal bilateral meetings, including talks with parliamentarians from the Russian Federation, Ukraine, Kazakhstan, parliamentary delegations from the Mediterranean Partners for Cooperation, including Israel, and Afghanistan. The U.S. Delegation hosted a reception for parliamentary delegations from Canada and the United Kingdom. Electing New Officers and Adopting of the Declaration On the final day of the Kyiv meeting, the Assembly reelected Göran Lennmarker (Sweden) as President. Mr. Hans Raidel (Germany) was elected Treasurer. Four Vice Presidents were elected in Kyiv: Anne-Marie Lizin (Belgium), Jerry Grafstein (Canada), Kimo Kiljunen (Finland), and Panos Kammenos (Greece). Rep. Hilda Solis was also elected, becoming the Vice Chair of the General Committee on Democracy, Human Rights and Humanitarian Questions, which is responsible for addressing humanitarian and-related threats to security and serves as a forum for examining the potential for cooperation within these areas. She joins Senator Cardin, whose term as Vice President extends until 2009, and Congressman Hastings as OSCE PA President Emeritus, in ensuring active U.S. engagement in the Assembly’s proceedings for the coming year. The OSCE PA concluded with adoption of the Kyiv Declaration which included a series of concrete recommendations for strengthening action in several fields including migration, energy and environmental security, combating anti-Semitism and other forms of intolerance throughout the OSCE region and promoting democracy in Belarus. The declaration also addresses a number of military security concerns, including an expression of regret at the lack of progress in resolving so-called “frozen conflicts” in the OSCE region based on the principal of territorial integrity, especially those within Moldova and Georgia. For the full text of the Kyiv Declaration, please visit http://www.oscepa.org. The Seventeenth Annual Session of the OSCE Parliamentary Assembly will be held early next July in Astana, Kazakhstan. Other U.S. Delegation Activities While in Kyiv, the U.S. Delegation met with Ukrainian President Yushchenko for lengthy talks on bilateral issues, his country’s aspirations for further Euro-Atlantic integration, energy security, international support for dealing with the after affects of Chornobyl, and challenges to Ukraine’s sovereignty and democratic development. The President discussed the political situation in Ukraine and the development of the May 27 agreement that provides for pre-term parliamentary elections scheduled for September 30, 2007. The Delegation also visited and held wreath-laying ceremonies at two significant sites in the Ukrainian capital: the Babyn Yar Memorial, commemorating the more than 100,000 Ukrainians killed during World War II – including 33,000 Jews from Kyiv that were shot in a two-day period in September 1941; and the Famine Genocide Memorial (1932-33) dedicated to the memory of the millions of Ukrainians starved to death by Stalin’s Soviet regime in the largest man-made famine of the 20th century. Members of the delegation also traveled to the Chornobyl exclusion zone and visited the site where on April 26, 1986, the fourth reactor of the Chornbyl Nuclear Power Plant exploded, resulting in the world’s worst nuclear accident. While in the zone, the delegation visited the abandoned city of Prypiat, the once bustling residence of 50,000 located a short distance from the nuclear plant. Members toured the Chornobyl facilities and discussed ongoing economic and environmental challenges with local experts and international efforts to find a durable solution to the containment of large quantities of radioactive materials still located at the plant. Advancing U.S. Interests Summarizing the activities of the U.S. Delegation, Chairman Hastings commented on the successful advancement of U.S. interests. Specifically, the Chairman noted the delegation “represented the wonderful diversity of the United States population” and “highlighted a diversity of opinion on numerous issues.” Moreover, he concluded it advocated “a common hope to make the world a better place, not just for Americans but for all humanity,” thereby helping “to counter the negative image many have about our country. “In a dangerous world, we should all have an interest in strengthening our country’s friendships and alliances as well as directly raising, through frank conversation, our concerns with those countries where our relations are stained or even adversarial,” Chairman Hastings asserted. In order to put the recommendations of the PA into action, the members of the U.S. delegation wrote a letter to Secretary of State Rice, asking that the State Department press several issues within the OSCE in Vienna in the run-up to the November Ministerial Council meeting. First, the State Department should ensure that the role of the Parliamentary Assembly is increased in the overall activities of the OSCE. Second, the OSCE should increase concrete activities to fight anti-Semitism, racism, and xenophobia, including against Muslims and Roma. Third, The OSCE should strengthen its work on combating trafficking in persons and fighting sexual exploitation of children. Fourth, the OSCE should support and protect the work of human rights defenders and NGOs. Lastly, the OSCE should step up dialogue on energy security issues.

  • Russia: Advancing in the War against Cancer, Retreating on Democratic Governance

    By Marlene Kaufmann General Counsel The first Russian Forum on Health or Tobacco convened in Moscow May 28-29, 2007, under the auspices of the State Duma and in collaboration with a broad array of international organizations including the World Health Organization (WHO) and the International Union Against Cancer (UICC). United States support and participation was provided by the National Cancer Institute (NCI), the American Cancer Society, the American Russian Cancer Alliance (ARCA) and the Campaign for Tobacco Free Kids, as well as Johns Hopkins University and the University of Maryland School of Law. Russia has the third highest per capita cigarette consumption in the world and some 375,000 Russians die every year from smoking-related diseases. Low cigarette taxes – which contribute to a selling price of approximately 50 cents per pack in Russia, as opposed to $5.00 in EU countries – combined with weak tobacco control legislation contribute to a growing burden on Russia’s health care system. One of the primary aims of the Forum was to educate the public, particularly young people, about the dangers and long-term effects of the use of tobacco products. The driving force in organizing this first ever forum on tobacco control is Dr. Nikolay F. Gerasimenko, Deputy Chairman of the Health Care Committee of the State Duma, who worked with the leadership of the renown N.N. Blokhin Russian Cancer Research Center and the Russian Research Institute of Pulmonology to bring the conference to fruition. The morning plenary of the Forum was chaired by Duma Speaker Boris Gryzlov who expressed his strong support for the work of the Forum and efforts to curb tobacco-related diseases. Speaker Gryzlov was joined by Moscow Mayor Yuri Luzkhov, United States Ambassador William Burns and an array of celebrities from the Russian music and film industries as well as national sports figures in an appeal to the public, especially young people, to quit tobacco. House Majority Leader Congressman Steny H. Hoyer also addressed the forum through a pre-recorded video presentation. Congressman Hoyer has supported the work of NCI and the American Russian Cancer Alliance (ARCA) in combating tobacco-related cancers, as well as ARCA’s cutting edge research in curing solid tumors. The Forum was well attended and well covered by Russian national media and its impact was immediate. During the conference the State Duma gave tentative approval to legislation aimed at restricting smoking in public places such as restaurants and waiting lounges in train stations and airports. A Russian Anti-Tobacco League was created to consolidate the efforts of anti-tobacco forces in the Russian Federation, and in July the Russian Ministry of Foreign Affairs announced that Russia will join the WHO Framework Convention on Tobacco Control. Bending Swords In To Plowshares One of the sponsors of the anti-tobacco forum, the American Russian Cancer Alliance (ARCA), represents a unique partnership between scientists in the Russian Federation and their counterparts in the United States. The primary focus of ARCA activities is the use of isotopes derived from Russian nuclear weapons stockpiles in cancer detection, diagnosis and treatment. The Russian partners in the Alliance include the N.N. Blokhin Russian Cancer Research center in Moscow and the Russian Research Center at the Kurchatov Institute. On the U.S. side, the Alliance partners are the Fox Chase Cancer Center in Philadelphia and the University of Maryland Greenebaum Cancer Center in Baltimore. In addition to these partners, ARCA has developed relationships with a number of other hospitals and research institutions in Russia and the U.S. Each member of the Alliance brings unique strengths and talents to what is a true intellectual and scientific partnership. These scientific strengths have been coupled with a strong commitment on the part of the two nations to work together on the peaceful use of nuclear technology. In conjunction with the Moscow Forum on Tobacco or Health, ARCA and NCI representatives met with senior members of the Russian Academy of Sciences to discuss possible joint nanohybrid studies dedicated to scientific projects and clinical trials to develop new methods of diagnosis and treatment for a broad range of cancers. The collaborative research projects that are being conducted as part of the ARCA partnership involving the use of Russian radioisotopes are yielding extremely promising results. Although these isotopes were created for more sinister purposes, they are now being utilized in research aimed at reducing the burden of cancer in both the U.S. and the Russian Federation – demonstrating that those who once were enemies can now work together for the common good. It is the hope of all associated with the ARCA effort that the collaboration can continue and that the Russian isotopes produced for weapons of mass destruction can be converted to instruments of mass benefit. Whither Democracy? Unfortunately, prospects for advancement in other areas of Russian society are not so bright. It is certainly true that, in Moscow at least, business is booming -- attributable in large part to growing energy revenues. New commercial construction and infrastructure projects abound, the retail sector is flourishing, and there is a rising middle class. These apparently liberalizing economic trends are, however, not accompanied by liberalizing democratic trends, in fact, quite the opposite. Many respected civil society and non-governmental organizations whose goal is to promote civic and political engagement and enhance democratic development and the rule of law have been harassed and intimidated by the tax police and other government entities. Some, like Open Russia, have been forced to shut down for alleged violations of finance controls. The three national TV networks are essentially controlled by the Kremlin and much of the print media is controlled by one or another level of government or business interests sympathetic to the government. The Committee to Protect Journalists reports that since the year 2000, fourteen journalists have been murdered in the Russian Federation in retaliation for their professional activities, making Russia the third most dangerous country for journalists (after Iraq and Algeria). None of these killings have been solved, although authorities claim progress in some cases. Among the victims was renowned investigative journalist Anna Politkovskaya, murdered gangland-style in Moscow in November 2006. Commission Chairman Congressman Alcee L. Hastings and Co-Chairman Senator Benjamin L. Cardin wrote to President Vladimir Putin in June expressing serious concern about the lack of media freedom in Russia. On August 2, 2007 the Commission convened a hearing on “Freedom of the Media in the OSCE Region,” with a particular focus on developments in Russia, Kazakhstan, Azerbaijan and Turkey. The rule of law is under assault in Russia as well. Recently the Prosecutor General in Moscow filed a request with the Moscow Bar Association to disbar Karinna Moskalenko, one of Russia’s most distinguished human rights lawyers. Moskalenko is a member of the International Commission of Jurists and through her Center for International Protection in Moscow has represented, among many others, the family of murdered journalist Anna Politkovskaya, imprisoned Russian oil executive Mikhail Khodorkovsky and political activist Gary Kasparov. In addition to the courts of the Russian Federation, Ms. Moskalenko pursues the interests of her clients before the European Court of Human Rights (ECHR) in Strasbourg, where she has had many successes – apparently sparking the Kremlin’s ire and, according to some observers, generating the pending disbarment procedure. Commission Chairman Hastings and Ranking Member Congressman Christopher H. Smith joined other members of the Congressional Human Rights Caucus in a May 24, 2007 letter to President Putin urging withdrawal of the disbarment request. Sadly, many observers of civil society and those in the NGO community in Russia see little hope of positive change in this situation in the near term notwithstanding upcoming Russian parliamentary and presidential elections scheduled for December 2007 and March 2008 respectively. The good news is, it does not appear that those who support democratic development in Russia are throwing up their arms in defeat. Rather, they remain steadfast and appear to be girding themselves for the long haul.

  • Mediterranean Partner Hosts Congressional Staff: Stresses Peace and Security

    By Winsome Packer, Staff Advisor Organization for Security and Cooperation in Europe (OSCE) Mediterranean Partner, Jordan, hosted a U.S. House of Representatives staff delegation to Jordan, during June 30-July 8, 2007, on which the Commission on Security and Cooperation in Europe (CSCE) was represented. The visit aimed to enhance understanding within the U.S. Congress of Jordan's role in promoting peace and security in the Middle East region, including the government’s efforts to combat terrorism, advance the Israeli-Palestinian peace process; promote security and political reconciliation in Iraq; and institute democratic and economic reforms internally. CSCE Chairman, Alcee L. Hastings currently serves as the Special Representative on Mediterranean Affairs for the Parliamentary Assembly of the OSCE, and strongly supports staff engagement with Jordanian leaders to further these efforts. The OSCE and CSCE have long recognized that security concerns in the Mediterranean region bear upon European security and have considered the applicability of a Helsinki model for the region in various meetings and conferences. While recent years have seen a setback in Western efforts to advance peace and democratic values in the Middle East region as a whole, Jordan, which became an OSCE Mediterranean Partner in 1998, continues to make strides in both areas, through the government’s commitment to achieving security and prosperity for its people. U.S.-Jordanian Relations Addressing the congressional staff delegation, U.S. Ambassador to Jordan, David Hale outlined U.S. priorities in Jordan: (1) resolving the situation in Iraq; (2) furthering efforts toward a two state solution for the Israelis and Palestinians; (3) addressing the Iranian threat; and (4) supporting the Jordanian reform agenda (political, social, and economic). Highlighting Jordan’s role as one of America’s closest allies in the Middle East region, the Ambassador noted that Jordan collaborates with the United States in pursuing a peaceful resolution of the Israeli-Palestinian conflict; working toward stability, security, and the integration on Sunni leaders in the Iraqi government; and combating terrorism. Ambassador Hale offered that that the U.S. is committed to a two state solution for the Israelis and Palestinians. He said that King Abdullah is concerned about the crumbling of the peace process, but Jordanians feel that the peace process bodes favorably for them because of their historical role and location. Ambassador Hale underscored Jordan’s security concerns and the country’s efforts to improve border security. He explained that the security concerns stem from the influx of Iraqi refugees, foreign labor, and other elements crossing into Jordan, adding that while Jordan has benefited economically from redevelopment and security initiatives in Iraq, the refugee situation has added to education, health care, and housing demands and increased security concerns. The Ambassador further elaborated that within the region, there is greater concern regarding security threats on the Israeli-Syrian border, and that the U.S. is providing border security assistance to Jordan in the form of funding, training and technology. Ambassador Hale also expressed concern regarding the Iranian threat to regional security. He noted that while the division of Iraq is not a foregone conclusion, there is broad concern that Iran would be the winner in such a scenario. Peace and Security Concerns: Jordanian Perspectives The Israeli-Palestinian issue and the situation in Iraq dominated the staff delegation’s meetings with members of the Jordanian Parliament and other leaders in the government. During official meetings, Jordanian leaders emphasized to the visiting staff delegation that peace and security in the region hinges foremost, upon a resolution on the Israeli-Palestinian conflict. The U.S. was repeatedly criticized for not exercising adequate leadership and effort to help bring a peaceful and just resolution to the conflict. Broad concerns were expressed by members of the Jordanian government that the U.S. is not listening to the advice offered by regional leaders in addressing problems in the Middle East. Jordanian Prime Minister, Dr. Marouf Bakhit, pointed out that while Jordan shares with the U.S. the goal of a stable and secure Middle East, the U.S. does not give adequate weight to advice from leaders in the region. Dr. Bakhit said that the Palestinian-Israeli issue is the central security concern in the Middle East and the major source of problems between the U.S. and countries in the region. He observed that the U.S. resorted to military tools in response to the September 11, 2001 terrorist attacks, and has remained fixated on military tools, rather than a mixture of political and economic instruments, as they had expected. He continued that there is concern that an anti-Western feeling due to the unjust treatment of the Palestinians is growing, and that there is a perception that the West (U.S.) maintains a double standard where Israel is concerned. He said that this issue has never been addressed and it is fueling resentment. Prime Minister Bakhit told the staff delegation that he was concerned that Iran is the strongest player in Iraq and about the influence of Iranian proxies, Hezbollah and Hamas, on regional stability. Dr. Bakhit added that the Islamist parties have 17 out of the 110 seats in the Jordanian Parliament and expressed his optimism that this was due to their “moderate behavior” and participation in the political process. The Prime Minister spoke favorably of the upcoming municipal elections (occurred on 7/31, but the Islamists parties boycotted the elections). The Prime Minister expressed satisfaction with Jordanian-Israeli relations since the signing of the peace agreement between the two countries. He added that the major issue between Jordan and Israel was the Israeli-Palestinian problem, which lies at the heart of the broader Middle East issues. He further said that Israelis and Arabs should both be blamed for not pushing forward by adopting the Arab Initiative, which in his view, would have addressed collective security concerns. Dr. Bakhit said that the Arabs did not adequately market/explain the initiative to the Israeli public. He contended that the U.S. is circumventing the issue by talking about democratization and while “everybody is pushing Abu Masem (President Abbas), everybody is letting him down.” The Prime Minister concluded that perhaps the present situation suits Israel best because the Palestinians are weaker. Members of the Jordanian Senate and House of Representatives added their criticism of the U.S. for not adequately considering advice from Middle East leaders. Several senators, including Senator Leila Sharaf, said that the approaches adopted by the U.S. came from external viewpoints, and that the policies being implemented to address regional problems are not appropriate. As a result, issues such as Iraq and Palestinian conflict for example, are becoming more complicated. Senator Sharaf warned that if the Palestinian problem was not tackled in the appropriate manner and with urgency, the U.S. would see a greater crisis in the region. Concerns were also expressed regarding the Palestinian leadership and the security situation in the West Bank. Senator Sharaf stated that President Abbas will have to demonstrate that the moderates are right; that lip service to this effect will not suffice; and that those promising aid to the Palestinian Authority must act soon. She warned that President Abbas will have to deliver real results. It was further stated that support for President Abbas would likely increase as he returns to the Peace Process. Criticism was directed at Israel for not releasing all of the Palestinian Authority funds that the Israeli Government is holding and for imprisoning more than 11,000 Palestinians. Concern was also raised regarding the security situation in the West Bank (which they reported, is also a worry to the Israelis). It was also pointed out that Jordan offered a Palestinian security force that they trained to address this concern five years ago, and that the Israelis promised to consider the matter, but failed to act on it. One Senator stated in strong terms that “the Palestinians are the only people who are still under occupation.” He said that “incursions by an occupying country creates instability,” and has led to a rise in fundamentalism. He reiterated that addressing the Palestinian crisis was the most pressing priority and that a failure to do so is hampering U.S. relations with people in Jordan and the region. He further argued that the money being spent fighting terrorism would be better used for investing in the country. In his view, this would be tackling the reasons that terrorism exists, rather than focusing on its symptoms. Stating that the image of the U.S. is steadily deteriorating, he urged that the U.S. reexamine its foreign policy and support the Arab Peace Initiative. The strongest criticism of the U.S. pertained to the situation in Iraq. Members of the Jordanian House and Senate criticized the U.S. for dismantling the Iraqi army and other security infrastructure as well as government institutions. The House Speaker pointed out that anyone that wanted a job under Saddam Hussein’s regime had to be a member of the Baath Party (but was not necessarily a Hussein supporter). He stressed that the U.S. alone could not bring security to Iraq and that the Iraqis themselves have to do so, but that the current Iraqi government resisted rehiring those that were let go, who could help to improve security. The Speaker said that the U.S. is in a very bad position in Iraq; the conflict has become bigger than Iraq; and the instability in the region is affecting commerce as well as the social and political dynamics. He characterized the Iraqi government as weak, noting that Iraq’s military is incapable of defeating the armed militias. In fact, he said, some of the Iraqi forces are militia members themselves. Concerns about adverse Iranian influence in Iraq and Lebanon were also raised. In decrying the many mistakes made by the U.S. in Iraq, including treating the Sunnis as though they were the legitimate leaders, the House Speaker observed that Iran has a very strong influence in Iraq. He argued that the Shias’ underdog status benefited Iran and that the U.S. actions, in this regard, fulfilled the Iranian government’s desire to be a major player in the region. The Speaker advised that the U.S. schedule a withdrawal of its forces as part of a package, including aid to military and other security forces, as well as reconciliation efforts that include all factions. He expressed confidence that a willingness for conciliation exists among Iraqis. He also cautioned that the U.S. withdrawal will bring added dangers as killings increase, Turkey becomes involved, and Iran increases its involvement. On Lebanon, the Speaker expressed concern regarding the ongoing conflict among the various factions. He said that external forces were preventing the Lebanese from reaching agreement. The issues of the approximately one million Iraqi refugees in Jordan and the related economic burden on the Jordanian government were also raised. One speaker stated that while some of the refugees had resources to invest, they do not pay taxes in Jordan. The level of U.S. financial support to Jordan was called insufficient, in comparison to that provided to Israel and Egypt. It was argued that Jordan needs support for its armed forces and police as well as in efforts to combat arms and drug trafficking, economic development, and water projects. The leader of the Islamic Action Front (IAF) in the Parliament argued that the Iraq situation illuminated the lies of the U.S. government regarding Iraq’s possession of weapons of mass destruction. He maintained that the U.S. invaded Iraq for oil and for Israel, and criticized the result of U.S. actions in Iraq: one million Iraqis killed; U.S. division of Iraq; and the sectarian violence. He said that the U.S. must set a timetable to withdraw from Iraq. The IAF leader contended that the instability in Iraq is affecting Jordan and its economy, including trade with Lebanon. Noting, “We don’t hate Americans,” the head of the IAF followed that “we hate Zionists.” He charged that U.S. government is biased in favor of the Israelis; the U.S. supports Israeli aggression; and that the U.S. policies and lack of compassion for the Palestinians creates hatred toward Americans. He stated that “people don’t accept Israelis in the region, although regimes deal with them.” He further criticized the U.S. for calling for democracy, then refusing to accept the results of the Palestinian elections. He said “the U.S. wants democracy according to its own terms, not according to the will of the people.” He argued that these actions undermine the United States’ image in the region The staff delegation also met with Prince Feisal, who addressed Jordanian homeland security concerns, and Queen Rania, who noted that the human aspect of the Palestinian issue must be given attention. Prince Feisal observed that today’s concept of homeland security is more comprehensive, incorporating regional cooperation in combating terrorism and the trafficking of weapons into Jordan. He praised Jordan’s cooperation with the U.S. in intelligence sharing, noting that there is greater reliance on technology and information sharing. He added that Jordan has been targeted by Al Qaeda inside and outside of Iraq “because of differences in opinion.” He stated that extremist elements, such as Hamas continue to attempt to push weapons and people into Jordan while working to create allies inside the country. Queen Rania offered that while she understood that Hamas is not an entity with which people want to work, the reality is that a significant percentage of the Palestinian people are living under their control and under the poverty threshold. She added that Fatah will have to demonstrate the ability to deliver and get rid of corrupt elements. The queen said that that the radicals are using the Palestinian situation to spread their message and that all of the radical forces in the region are linked. Noting that today, the U.S. is viewed as a super power in decline, she advised that the U.S. exercise care in how it views the world and how it employs its power.

  • Activists Present Mixed Assessment of Protection and Promotion of Human Rights in OSCE Region

    By Ronald McNamara, International Policy Director Nearly a hundred human rights advocates representing dozens of NGOs and national human rights institutions gathered in Vienna, July 12-13, 2007, for the Supplementary Human Dimension Meeting on Protection and Promotion of Human Rights convened by the 56-nation Organization for Security and Cooperation in Europe. Discussions were organized around three main topics: the role of national courts in promoting and protecting human rights; the role of civil society in addressing human rights violations; and, the role of national human rights institutions in promoting and protecting human rights. Rooted in the fundamental right of individuals to know and act upon their rights, much of the discussion focused on the legal framework, access to effective remedies when violations occur, and the role of civil society and non-governmental organizations in fostering the protection and promotion of human rights. A recurring critical question throughout the meeting was whether courts, the judiciary, and national human rights institutions are truly independent. Keynote remarks by Professor Vojin Dimitrijevic, Director of the Belgrade Center for Human Rights, revolved around institutional concerns, including the limited development of structures to address human rights violations, significant backlogs in the processing of human rights cases, and inadequate training of jurists and others. He suggested that universities could do much to address the current shortcomings of existing mechanisms. The Director of the OSCE Office of Democratic Institutions and Human Rights, Ambassador Christian Strohal, referred to a related resolution adopted by the OSCE Parliamentary Assembly at its Annual Session held the prior week in Kyiv. A long-time rights advocate, he stressed the importance of prevention of violations, while underscoring the need for effective remedies when rights are violated. Professor Emmanuel Decaux opened the session of national courts by underscoring the fundamental importance of effective remedies and transparency in judicial proceedings. He pointed to the critical need for independent judges as well as protection and preservation of rights amid a heightened focus on counterterrorism. Legal advocates from Georgia and Azerbaijan addressed practical concerns such as transparency in judicial appointments, disciplinary actions against judges, public confidence in the courts, limits on televised coverage of courtroom proceedings, financial independence of the judiciary and combating corruption. Karinna Moskalenko, a leading human rights lawyer from the Russian Federation subjected to intense pressure because of her advocacy, including cases relating to Chechnya, noted the large number of cases from Russia being taken up in Strasbourg at the European Court of Human Rights. Nearly 30,000 complaints from individuals in Russia were submitted to the court between 1998 and 2006. Concern was also raised over the situation in Uzbekistan, where authorities frequently resort to use of Article 165 of the criminal code on extortion to imprison human rights defenders, including 10 members of the Human Rights Society of Uzbekistan. An activist from Kazakhstan said that it simply made no sense to speak of judicial independence in his country. Similarly, an NGO representative from Belarus asserted that whatever independence the judiciary had previously has evaporated under the regime. Others from Ukraine and Georgia bemoaned the slow pace of judicial reforms in their countries. Several speakers noted the failure of governments to change their laws or procedures following repeated judgments against them by the European Court of Human Rights. According to one, the budget of the Russian Federation now includes a line item specifically to cover fines stemming from rulings of the court, while the underlying deficiencies go unchanged. Liubov Vinogradova of the Russian Research Center for Human Rights opened the session devoted to human rights defenders, underscoring the difficult and often dangerous environment for activists in the post-Soviet space. She also pointed to attempts by government to manipulate NGOs, create GONGOs (government non-governmental organizations), and erect potemkin umbrella organizations or councils. Vinogradova cited the urgent need for meaningful judicial reform in her country. She decried efforts by some in Moscow to impede access by plaintiffs from Russia to the court in Strasbourg. She read off a lengthy list of areas where Russia’s 2,000 registered human rights NGOs are making a difference. Among the challenges are limited resources, harassment by the authorities and an often hostile media with close ties to the government. Vinogradova was skeptical about the intent of President Putin’s decree offering funds to NGOs in Russia, suggesting that it could represent an attempt at “managed NGOs.” Several subsequent speakers noted the particular difficulty encountered by those active in the defense of political rights, especially the tendency of the authorities to construe such work as party politics. A number referred to various forms of harassment by the authorities. Activists from Belarus talked about the deteriorating situation they face in a country where human rights defenders are viewed with deep suspicion by the authorities and most are forced to work underground due to a refusal by officials to issue formal registration. Some observed that obstructive methods employed in one country of the Commonwealth of Independent States often are adopted elsewhere, in what one speaker termed the “Putinization” of the former Soviet space. The case of Russian advocate Mikhail Trepashkin was cited as an illustration of what can happen when a lawyer gets involved in a case viewed as sensitive to the authorities. Trepashkin was arrested in 2003, days before a trial was to open relating to an apartment bombing in Moscow in 1999 that then became the basis for the Kremlin’s renewed military campaign in Chechnya. The lawyer was initially detained and charged with illegal possession of weapons, then convicted by a closed military court to four years imprisonment for disclosing state secrets. Other speakers urged the participating States to strengthen OSCE commitments on human rights defenders. The Vienna-based International Helsinki Federation echoed this call, noting the precarious position of activities in many OSCE countries. The IHF recommended focusing on the safety of human rights defenders in the face of harassment and threats and called for the November Madrid OSCE Ministerial Council to approve related language. Irish Human Rights Commission President Dr. Maurice Manning introduced the final session devoted to national human rights institutions. He provided an overview, stressing the importance of the independence of such bodies and adherence to the “Paris Principles.” Manning urged that these institutions be focused and avoid interference from government and non-governmental organizations alike. He suggested that they could play a number of useful purposes such as reviewing pending laws and regulations, assess compliance with standards in individual cases, and help identify systemic areas of concern. He concluded by suggesting that national institutions were ideally situated to serve as a bridge between civil society and the state. The UN Economic and Social Council, beginning in 1960, encouraged the establishment of institutions as a means of encouraging and assisting states with implementation of international human rights commitments. In 1978, the UN issued a series of guidelines on the function and structure of institutions, falling into two main categories: human rights commissions and ombudsman offices. In the early 1990s work was completed on the Paris Principles, addressing the competence and responsibilities of national institutions as well as composition and guarantees of independence and pluralism, and methods of operation. The International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights oversees accreditation of such bodies based on compliance with the Paris Principles. As of March 2007, 17 national institutions in the OSCE region were deemed fully compliant, five were not fully compliant, and two were non-compliant. Accredited institutions are found in Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Canada, Denmark, France, Germany, Greece, Ireland, Luxembourg, Norway, Poland, Portugal, Spain, Sweden, and the United Kingdom. Several representatives of ombudsman offices described their activities, including establishment of national hotlines to receive human rights complaints, as well as working relations with courts and prosecutors. The discussions became more animated with exchanges between NGO participants and regime surrogates, notably regarding human rights in Belarus and Kazakhstan. The International Helsinki Federation expressed concern over a number of troubling trends faced by institutions, particularly targeted harassment stemming from their advocacy as well as legal and fiscal barriers to their work. The IHF representative made several concrete recommendations for OSCE, including strengthening relevant commitments, considering establishment of a special representative of the OSCE Chairman in Office on human rights defenders, and enhancing networks between civil society, national institutions and OSCE. The delegation of the Russian Federation used the closing session of the SHDM to renew its objections to allowing the Russian-Chechen Friendship Society to register for the meeting, notwithstanding the fact that the group did not actually attend. While the SHDM was informative and perhaps useful in terms of networking among those attending, the meeting underscored the clear divide between civil society representatives who advocate for human rights and the governments which perceive such work as a threat and thus try to thwart it. Though several heads of delegation from the Permanent Council made cameo appearances at the opening of the meeting, attendance by government delegates was sparse, particularly from countries which limit NGO activities. On the other hand, the theme of the meeting was particularly relevant in light of moves by several participating States, especially Belarus, Russia, Kazakhstan and other CIS countries to control civil society. Not surprisingly, these delegations are working actively behind the scenes to limit OSCE focus on human rights, particularly questions relating to freedom of association and assembly, bedrock commitments for civil society. A disturbing trend is the increasing tendency of several of these participating States to assert “interference in internal affairs” -- a standard ploy during Soviet times – when their rights violations are raised. While in Vienna, it became apparent that efforts are underway to limit NGO participation in OSCE meetings and to find an alternative to the annual Human Dimension Implementation Meeting, the singularly most important opportunity for civil society to engage the participating States and the OSCE. The failure of the Ljubljana and Brussels OSCE Ministerials to adopt proposed texts acknowledging the contribution of civil society and human rights defenders to the Helsinki process – drawn from existing OSCE commitments – clearly illustrates the backsliding of those States that refused to join consensus. Ironically, some participants in the SHDM proposed strengthening commitments on human rights defenders, when the reality is that a number of countries – Russia, Turkmenistan and Belarus among them – would be hard-pressed to agree today to provisions of the Copenhagen Document dating back to 1990! It is incumbent upon those OSCE countries that value the human dimension to resist the push to water down existing commitments or move the discussion of their implementation behind closed doors.

  • Sustaining the Fight: Combating Anti-Semitism and Other Forms of Intolerance within the OSCE

    By Mischa Thompson, PhD, Staff Advisor, Erika Schlager, Counsel for International Law, and Ron McNamara, International Policy Director The OSCE Conference on Combating Discrimination and Promoting Mutual Respect and Understanding, held in Bucharest, Romania was the much anticipated follow-up to the 2005 OSCE Cordoba Conference on Anti-Semitism and on Other Forms of Intolerance. A goal of the Bucharest Conference was to continue to provide high level political attention to the efforts of participating States and the OSCE to ensure effective implementation of existing commitments in the fields of tolerance and non-discrimination and freedom of thought, conscience, religion or belief. In addition to Cordoba, prior conferences took place in 2003, in Vienna, and in 2004, in Berlin, Paris and Brussels. The conference was preceded by a one-day Civil Society Preparatory Meeting in which the three Personal Representatives to the Chair-in-Office on tolerance issues participated and NGOs prepared recommendations to the Conference. Official delegations from the OSCE countries took part in the conference, including participation from the U.S. Congress. Representative Alcee Hastings, Chairman of the U.S. Commission on Security and Cooperation in Europe (CSCE), participated as head of the Official OSCE Parliamentary Assembly delegation in his role as President Emeritus of the Parliamentary Assembly (PA). Representative Eric Cantor served as Chair and Ranking Republican Member of the Commission, Christopher H. Smith served as Vice-Chair of the U.S. delegation. (Delegation listed below.) The conference was divided into two parts, with the first part focusing on specific forms of intolerance and discrimination and the second part devoted to cross-cutting issues. Side events on various topics ranging from right-wing extremism to forced evictions of Roma were also held during the conference. Romanian President Traian Basescu opened the conference addressing tolerance concerns in his country. Romania's desire to host this conference -- assuming a considerable organizational burden and drain on Foreign Ministry resources -- reflected the government's recognition of the importance of these issues and a desire to play a leadership role in addressing them. However, in advance of the meeting, several developments underscored the extent to which Romanian society still struggles to combat anti-Semitism and racism. First, in December 2006, a Romanian court partially rehabilitated the reputation of Romania's World War II leader, Ion Antonescu, who had been executed after the war for a variety of crimes including war crimes. Second, right up to the start of the meeting, government leaders struggled to find a way to withdraw a national honor (the Star of Romania) that had been awarded to Corneliu Vadim Tudor, a notorious extremist, by President Ion Iliescu in 2004. (Although a mechanism was found to withdraw that award prior to the OSCE conference, after the conference a court suspended the withdrawal of the award.) Third, during a Romanian Senate confirmation hearing in April for Romania's Ambassador to Israel, nominee Edward Iosiper was subjected by some members of the Senate to a degrading inquiry regarding his Jewish heritage. Finally, only weeks before the conference started, President Basescu made unguarded comments -- unaware that they were being recorded -- in which he called a Romanian journalist an "aggressive stinking Gypsy." Like developments in many countries, these events served to underscore the continuing challenges that OSCE participating States face in promoting tolerance and combating anti-Semitism, racism, and other forms of bigotry. President Basescu opened the conference linking the importance of tolerance to democratic development and the need for his country to improve its efforts to combat anti-Semitism and discrimination, especially against Roma. His remarks were followed by a speech from a Romanian civil society group - Executive Director of Romani CRISS, Magda Matache – underscoring the unique opportunity the OSCE accords NGOs at some OSCE meetings to have equal footing with governments. Ms. Matache addressed the need for the Romanian Government to better address the discrimination directed towards its Romani population (the largest in Europe) and called upon government officials to set an example, making reference to the negative comments the President made prior to the conference. Following the conference opening, Chairman Hastings, representing the OSCE PA, delivered remarks at the opening plenary session. He highlighted the OSCE PA’s role in instituting the tolerance agenda within the OSCE in response to a spike in anti-Semitic acts in Europe in 2002. He also urged the OSCE to sustain its work in combating all forms of intolerance and addressed the plight of Roma, making special note of his recent visit to Roma camps in northern Kosovo. Rep. Cantor also delivered remarks on the need to sustain efforts to combat anti-Semitism. As in previous years, a major focus of the conference was on anti-Semitism with the first plenary session being dedicated to the issue. Many OSCE participating States reiterated their concerns about the continued presence of anti-Semitism throughout the OSCE region and the need to maintain the fight. States detailed the specific legal, educational, and cultural tools they were employing to counter anti-Semitism, such as Holocaust education in the schools. In the session on discrimination against Muslims, many of the same measures designed to address anti-Semitism, racism, and other forms of intolerance were being called for to combat intolerance issues in the Muslim community. In particular, the need for data collection, education, and increased civil society work were highlighted. Religious discrimination issues concentrated mainly in Eastern Europe included government enforced laws requiring registration of religious groups, increased taxes, property disputes, and other harassing behaviors. The rights of ‘non-believers’ were also raised. Race and xenophobia issues focused on the increase in physical attacks on racial minorities in both Eastern and Western Europe. Of note, religious issues raised were often acts of discrimination as opposed to hate crimes, and perpetrated by state actors through government enforced laws, which underscored some participants’ calls for religious issues to be viewed and treated as a fundamental right. Chairman Hastings served as introducer for the fourth session on data collection, law enforcement, and legislative initiatives to combat intolerance within the OSCE. Hastings detailed his personal experiences as an African-American during the U.S. civil rights era that spawned anti-discrimination, hate crimes legislation, and other initiatives. Citing statistics on U.S. anti-Semitic incidents, he noted the need for sustained global engagement on anti-Semitism issues, in addition to continued U.S. support for issues affecting Roma, Muslim communities, and the work of the three Personal Representatives on tolerance issues. Speaking during the closing session, Representative Smith praised the OSCE’s work on Holocaust education and reiterated the need for a focus on anti-Semitism. The Conference ended with a declaration drafted by the Spanish Chair-in-Office noting the continued presence of all forms of intolerance in the OSCE region and the need to continue efforts to combat them. Generally, the multitude of issues on the agenda of the Bucharest Conference, coupled with scheduling difficulties, left little time to focus on solutions or implementation, despite the many efforts Office for Democratic Institutions and Human Rights (ODIHR), the Parliamentary Assembly, and participating States had demonstrated in attempting to identify and address tolerance issues. Thus, the larger question of whether sustained engagement on tolerance issues within the OSCE would continue remained unanswered, as the conference did not provide answers to the following three questions: Whether the current mandates for the three personal representatives with their three distinct portfolios would be extended by the incoming 2008 Finnish chairmanship? What form future follow-up, including the possible location of future conferences and other initiatives on tolerance-related matters would take? How to sustain a focus on anti-Semitism, while addressing emerging concerns around discrimination towards Muslims and other religions, and increases in racism and xenophobia? While it is clear that further consideration must be given as to how best to continue addressing tolerance issues within the OSCE, it is also important to note that much has been accomplished since the OSCE began its intensified efforts in the tolerance arena only five years ago. Some examples include that ODIHR has: developed guidelines for Holocaust memorial days and anti-Semitism and diversity education materials; launched a website dedicated to providing country reports on statistics, data collection, and anti-discrimination legislation (TANDIS http://tandis.odihr.pl/); and drafted annual reports on hate crimes in the OSCE. Within the OSCE Parliamentary Assembly, resolutions on tolerance, such as the one introduced by CSCE Commission Co-Chair Senator Ben Cardin this year, have been adopted five consecutive years in a row. Thus, despite the growing pains experienced during the conference, in part due to scheduling and logistics issues, a cautionary note must be sounded. Past efforts, including the role of parliamentarians in supporting these issues, should not go unnoticed and should be continued. However, this does not mean that improvements cannot be made. In particular, the role of conference organization in terms of scheduling and location of sessions and side events can play in developing perceptions around the importance of an issue should not be overlooked. A greater focus on the planning stages is a necessity for future tolerance events. Further consideration should be given for ways to increase collaborations and support for combating all forms of intolerance by participating States and civil society to prevent perceptions that some forms of intolerance take precedence over others, as it takes focus and energies away from the actual goal of combating intolerance. Delegations should give greater thought to diversity and how members of their delegation can address the various sessions of conferences as well as side and other meetings. The U.S., in particular, has the ability to provide a leadership role in this regard given the diversity of our population and histories in addressing tolerance issues. Topics further exploring the benefits of diversity and means to communicate them to a larger populace must be included. Consideration for whether religious issues should be separated from racism and xenophobia issues at future events should be given. Lastly, a greater focus on implementation is needed to parallel or supplement the substantial conference activity on tolerance issues. U.S. DELEGATION (All delegates named by U.S. Secretary of State Condoleezza Rice and approved by the White House): Head of U.S. Delegation, Congressman Eric Cantor U.S. Delegation Vice-Chair, Congressman Christopher H. Smith Ambassador Julie Finley, U.S. Mission to the OSCE Gregg Rickman, Special Envoy to Monitor and Combat anti-Semitism J. Christian Kennedy, U.S. Special Envoy on Holocaust Issues Jeremy Katz, Special Assistant to the President for Policy and White House Liaison to the Jewish Community Imam Talal Eid, Islamic Institute of Boston & U.S. Commission on International Religious Freedom Malcolm Hoenlein, Executive Director, Conference of Presidents of Major Jewish Organizations Dr. Richard Land, President, Southern Baptist Ethics & U.S. Commission on International Religious Freedom Deborah Lipstadt, Professor of Modern Jewish History and Holocaust Studies, Emory University   U.S. ADVISORS TO THE U.S. DELEGATION (All advisors named by U.S. Secretary of State Condoleezza Rice and approved by the White House): Rabbi Andrew Baker, American Jewish Committee Stacy Burdett, Anti-Defamation League Dan Mariaschin, B'nai Brith Mark Weitzman, Simon Wiesenthal Center Radu Ionid, U.S. Holocaust Memorial Museum Paul Shapiro, U.S. Holocaust Memorial Museum Lesley Weiss, National Conference on Soviet Jewry Catherine Cosman, U.S. Commission on International Religious Freedom Joseph Grieboski, Institute Of Religion and Public Policy Paul LeGendre, Human Rights First Angela Wu, Becket Fund

  • Guantánamo Focus of Helsinki Commission Hearing

    By Erika Schlager On June 21, 2007, the Helsinki Commission held a hearing on "Guantánamo: Implications for U.S. Human Rights Leadership." Chairman Alcee L. Hastings presided over the hearing, joined by Co-Chairman Senator Benjamin L. Cardin, and Commissioner Rep. Mike McIntyre. House Majority Leader Steny H. Hoyer, a former Helsinki Commission Chairman, also participated. Prepared statements were also submitted by Commissioners Senator Christopher J. Dodd and Congresswoman Hilda L. Solis. Testimony was received from John B. Bellinger III, Legal Advisor to the Department of State; Senator Anne-Marie Lizin, President of the Belgian Senate and OSCE Parliamentary Assembly (OSCE PA) Special Representative on Guantánamo; Tom Malinowski, Advocacy Director, Human Rights Watch; and Gabor Rona, International Legal Director, Human Rights First. In addition, written testimony was received from the International Helsinki Federation for Human Rights. (A transcript of the hearing, along with testimonies submitted for the record, is available on the Helsinki Commission's website. The Department of Defense was invited to send a witness, but declined. Background: Guantanamo Raised at OSCE PA Meetings Although the Helsinki Commission largely focuses its attention on issues relating to the other 55 OSCE participating States, the Commission has periodically examined domestic compliance issues. In recent years, no other issue has been raised as vocally with the United States at OSCE PA meetings as the status and treatment of detainees captured or arrested as part of U.S. counter-terrorism operations. The issue came into particular focus at the OSCE PA’s 2003 Annual Session, held in Rotterdam, where a resolution [link] expressing concern over detainees at Guantánamo was debated and adopted. (The first detainees were transported to the detention facility in January 2002.) The vigorous debate in Rotterdam prompted then-Helsinki Commission Chairman Christopher H. Smith and then-Ranking Member Benjamin L. Cardin to lead a Congressional Delegation to the detention facility in late July 2003. At the 2004 Annual Session, held in Edinburgh, convened shortly after the Abu Ghraib scandal broke, the Assembly adopted a resolution [link], introduced by then-Chairman Smith, condemning torture and urging respect for provisions of the Geneva Conventions. An amendment to that resolution was also adopted, expressing particular concern regarding indefinite detention without trial at Guantánamo. In February 2005, Senator Anne-Marie Lizin, President of the Belgian Senate, was appointed by then-OSCE PA President Alcee L. Hastings as Special Representative on Guantánamo, with a mandate to report to the Assembly on the situation of detainees from OSCE participating States in the detention facility in Guantánamo. (Sen. Lizin continues to serve in that capacity at the request of the current OSCE Parliamentary Assembly President, Göran Lennmarker.) At the 2005 Annual Session, held in Washington, the Assembly adopted a resolution [link] on “terrorism and human rights,” reiterating concern regarding the Guantánamo detainees. Separately, Senator Lizin issued her first report on Guantánamo during the Washington meeting, calling for the detention facility at Guantánamo Bay to be closed. (Her report also touched on the positions of other OSCE participating States regarding the question of the detention of terror suspects.) During the Washington meeting, Department of Defense and Department of State officials also held a briefing for interested parliamentarians on Guantanamo and related issues. In March 2006, Senator Lizin was able, under U.S. Department of Defense auspices, to make her first visit to the detention facility. She returned to the facility a second time on June 20, 2007, just prior to testifying at the Helsinki Commission's hearing. In addition, Senator Lizin presented additional reports on Guantánamo at the Assembly’s Annual Sessions in Brussels (2006) and in Kyiv (2007). She has continued to call for the closure of the detention facility. Her reports are available on the OSCE Parliamentary Assembly website [link]. Testimony In opening the hearing, Chairman Hastings drew attention to the concerns that have been repeatedly raised about Guantánamo in the context of the Parliamentary Assembly. He also observed that "for all the 56 OSCE participating States, and not just the United States, the issue of how to safeguard human rights while effectively countering terrorism may be one of the most critical issues these countries will face for the foreseeable future." The first witness to speak was Legal Adviser Bellinger. Since taking up that position in 2005, Mr. Bellinger has been actively engaged in discussions with U.S. allies and at international fora (particularly the United Nations in Geneva, where he presented U.S. reports under the Convention Against Torture and the International Covenant on Civil and Political Rights) regarding the status and treatment of detainees held by the United States as part of its counterterrorism operations. This was the first time, however, that he had testified before Congress on these matters. Legal Adviser Bellinger briefly discussed the legal basis, under the law of armed conflict, for detaining combatants, and noted that the 9/11 Commission had recommended that the United States should work with other countries to develop an appropriate framework for the detention and treatment of terror suspects. He also described the considerable efforts he has made to engage allies in discussions on these matters. Bellinger acknowledged that President Bush has said he would like to close Guantánamo, but Bellinger argued that "closing Guantánamo is easier said than done." In particular, he suggested more needs to be done to address the question, where will the detainees go? In her remarks to the Commission, Senator Lizin observed that, since her 2006 visit to Guantánamo, the number of detainees there has significantly decreased. Nevertheless, "Guantánamo remains one of the bases for [an] anti-American fixation in the world and contributes to the [negative] image of the United States abroad, including [among] friendly countries.” She reiterated her recommendation that Guantánamo be closed and noted that Secretary of Defense Robert Gates has also called for the camp to be closed. Senator Lizin noted that 80 detainees are no longer considered enemy combatants and that OSCE participating States could do more to facilitate the transfer of these individuals to third countries. Both Tom Malinowski and Gabor Rona stressed that many Guantánamo detainees were not captured on the battlefield in Afghanistan, but were individuals turned over to the United States by bounty hunters responding to U.S. offers to pay large sums of money for turning in foreigners. Mr. Rona noted that, “[t]his government's own statistics say that 55% of the detainees were not found to have committed hostile acts. Only 8% were characterized as Al Qaida fighters, and 60% are detained merely because of alleged association with terrorists or terrorist groups." Mr. Malinowski discussed the dangerous example that U.S. interrogation and detention practices have set for other countries around the globe. (Similar views were echoed in the written testimony submitted by the International Helsinki Federation for Human Rights.) He also suggested that if the United States made a serious commitment to close Guantánamo, it would open the door for greater cooperation with other countries regarding the transfer of detainees. Moreover, Malinowski observed that, since 9/11, “the Justice Department has successfully prosecuted dozens of international terror suspects in the civilian courts . . . since then, the system at Guantánamo has succeeded in prosecuting one Australian kangaroo trapper to a sentence of nine months, which is serving back home in Australia." In his written and oral testimony, Mr. Rona took exception to the applicable legal framework advocated by the administration: "one need not choose between, on the one hand, affording terrorists the protections of prisoner-of-war status, to which only privileged belligerents are entitled, or, on the other hand, holding them in a law-free black hole. They can be targeted while directly participating in hostilities. And if captured, they can be interrogated, they can be detained, but in accordance with international and domestic law." Members React During the hearing, Chairman Hastings, Co-Chairman Cardin, and Majority Leader Hoyer all argued for closing the detention facility. Chairman Hastings said he could not believe "that the American federal prison system cannot try 380 people." He argued that the United States "should take every prisoner out of Guantánamo, no matter his or her status, and move them to a federal prison in the United States of America [and then] either release persons who are not charged, or charge them, try them and confine them in an appropriate federal prison." Regarding the notion that detainees were sent to Guantánamo because they were enemy combatants, Mr. Cardin remarked that there are “a lot of people who are combatants who are not at Guantánamo Bay," and that people were selected for transfer because of their perceived intelligence value. But in light of the many years that individuals have been held there, some for more than five years now, he argued that "the 380 people that are at Guantánamo Bay have no useful information that warrants a special facility for interrogation, which is what Guantánamo Bay was originally set up as . . . If Guantánamo Bay is needed today, it's needed as a penal facility. And as the Chairman pointed out, we have penal facilities. To keep a penal facility at such expense makes very little sense to the taxpayers of this country." Finally, Majority Leader Hoyer, who had pressed for the convening of such a hearing in recent years, argued for the restoration of habeas corpus rights that had been terminated by be Military Commission Act of 2006. He argued, "when Saddam Hussein was taken out of a hole and captured, we afforded him his legal rights to hear the evidence against him, to contest that evidence and to be represented by counsel. When Slobodan Milosevic was brought to justice after murdering tens of thousands and sanctioning the ethnic cleansing of more than 2 million people, he was afforded his legal rights. And even the Butchers of Berlin who committed genocide, murdering millions of innocents, were afforded their legal rights at Nürnberg. This was not coddling those who committed atrocities. It was recognizing that if civilization is to be what we want to be, it will be because it follows the rule of law and not the rule of the jungle."

  • OSCE Convenes Annual Security Review Conference

    By Winsome Packer and Janice Helwig, Staff Advisors The Organization for Security and Cooperation in Europe (OSCE) conducted its fifth Annual Security Review Conference (ASRC) in Vienna, Austria June 19-20, 2007. The ASRC serves as a framework for participating States to review the OSCE’s work in the political and military dimension on an annual basis. It also promotes dialogue on arms control, confidence building measures, and other security issues among participating States and with other international organizations. Previous ASRCs have launched OSCE initiatives to address new security threats, including travel document security and container security. This year, the ASRC came just days after an extraordinary Conference on the Treaty on Conventional Armed Forces in Europe (CFE) which ended in little more than an agreement to continue dialogue. Discussion of the CFE Treaty continued at the ASRC, but there was also discussion on other regional arms control issues, counter-terrorism, and the so-called “frozen” conflicts. The U.S. used the ASRC to promote ideas on fighting terrorism through increased OSCE border management work and involvement in Afghanistan, to stress the importance of the Conventional Forces in Europe Treaty (CFE), and to provide detailed information on the need for a missile defense system in Europe. While there was general agreement on the need to strengthen border security and resolve ongoing regional conflicts, Russia pushed back against the U.S. and EU on the CFE Treaty and blatantly disagreed with the U.S. on the need for a missile defense system in Europe. Advancing United States Security Priorities Mr. Daniel Fata, Deputy Assistant Secretary of Defense for European and NATO Policy, headed the U.S. delegation to the conference. During the opening session of the ASRC, Mr. Fata reiterated the long-standing US commitment to ratifying the Adapted CFE Treaty as soon as Russia completes withdrawal of troops stationed in Georgia and Moldova against the wishes of those governments. He noted that the actions of some countries to increase their capability to use weapons of mass destruction requires a strong commitment on the part of the United States and its allies to develop the means to protect against potential attacks. For this reason, the U.S. would provide ASRC participants with details on its proposal to establish a missile defense system in Europe. Mr. Fata also proposed several concrete areas where increased OSCE work could help strengthen regional security and fight terrorism: Cyber Security: The recent cyber disruption in Estonia showed how vulnerable States are to cyber attacks on their infrastructure. The OSCE could help address vulnerabilities in cyber security in order to protect critical infrastructure such as power and energy distribution systems, banking, communications, cargo, and passenger transportation systems. Terrorism: Intensify focus on the threat of terrorism and consider meaningful initiatives to reduce vulnerability to terrorist acts. Border Security: In order to combat the illegal trafficking in money, people, narcotics, and weapons, extend the OSCE’s border security concept beyond land borders, to include air and sea borders. The OSCE should give particular attention to improving border security programs in Central Asia, and should support Afghanistan’s request for assistance with border security and police training. Arms Control Discussion of arms control issues centered around the CFE Treaty and the U.S. proposal to establish a missile defense system in Europe. Russia and the U.S. were in opposition on both issues. Russia linked the two issues, in an apparent attempt to portray the U.S. as thwarting regional arms control. Russian Representative Deputy Minister of Foreign Affairs Alexander Grushko expressed his regret that the previous week’s extraordinary conference on the CFE concluded without a resolution of the concerns regarding the Treaty. He observed that the OSCE’s work on arms control and confidence building initiatives has stalled. He warned that the current CFE Treaty was not congruent with the present military-political reality and that the Adapted CFE Treaty is in danger of being outdated if not ratified soon. He alluded to U.S. and EU views that the CFE Treaty cannot be ratified while Russian troops remain in Georgia and Moldova and contended that such “artificial political linkages” to the Adapted CFE have led to the impasse. Mr. Grushko also criticized the new US missile defense plans; arguing that they contradict the OSCE principles of partnership and cooperation, as the decisions to deploy the system was taken unilaterally. He expressed interest in continuing dialogue on the issues in an upcoming autumn meeting. Later, Russia again threatened a “moratorium” on the CFE Treaty, against what it called the backdrop of planned US missile defense sites in Eastern Europe and plans for US military bases in Bulgaria and Romania. U.S. Representative Fata provided a detailed presentation on the US rationale for pursuing a missile defense system in Europe. He placed the main threat squarely on Iran’s attempts to establish a ballistic missile capability. Although Iran does not currently have that capability, building a defense system takes time and must be started now. Mr. Fata outlined the proposed structure of the system, which would include interceptors and radars based where they would provide the most coverage - in Poland and the Czech Republic. In addition, an early warning radar system would be placed in Southeastern Europe. He stressed that the system poses no threat to Russia as it is purely defensive, and has no offensive capability. He stressed that the US has engaged with Russia on its missile defense plans for more than two years. Finally, Mr. Fata stated that the US system is complimentary to NATO’s short and medium range missile defense systems. Russia expressed doubts regarding the United States’ assertions pertaining to Iran’s progress in advancing ballistic missile capabilities and questioned the need for a missile defense system. Russia said that United States unilateral action in establishing such a system directly threatens Russia’s security and pointed out that Russia has made a counterproposal to the US for the use of other systems in Azerbaijan. Counter Terrorism In contrast to the polarized arms control discussion, there was general support for OSCE’s counterterrorism work. Hungarian Ambassador, Istvan Gyarmati, currently Director of the International Center for Democratic Transition, set the stage for the discussion by arguing that the fundamental security dynamic changed after 9/11 from a state order to one in which non-State actors are the driving force and threat. Dr. Peter Neumann, Director of the Center for Defense Studies at Kings College, added that States must work to reduce factors that contribute to the ability of terrorist groups to attract supporters, such as poverty, discrimination, and violations of human rights. The OSCE Office for Democratic Institutions and Human Rights (ODIHR) stressed the need to fight hate crimes and the distribution of hate propaganda. The EU, Turkey, Azerbaijan, and Canada supported OSCE work in this regard. Russian Deputy Minister of Foreign Affairs, Alexander Grushko, praised OSCE’s efforts in combating terrorism, drug trafficking, and organized criminal activities. He supported increased OSCE work against drug trafficking, including an OSCE pilot project to train Afghan counter-narcotics policemen. The U.S. also supported increased OSCE work on border management. The OSCE should extend border management programs to include air and sea borders, and should also increase work in Central Asia and extend it into Afghanistan. Protecting vulnerable infrastructure that is dependent on the internet should be another priority. “Frozen” Conflicts Moldova, Azerbaijan, Armenia, and Russia all raised so-called “frozen” conflicts in the region. Moldova asked for the resumption of negotiations on Transniestria and stressed that its territorial integrity must be preserved. Azerbaijan and Armenia presented their views on Nagorno-Karabakh; Azerbaijan stressed the need to find a legal status for it. Russia said many of these conflicts have ties to Russia because they include Russian-speaking populations. However, the main responsibility for resolving the conflicts lies with the parties themselves. Alluding to Kosovo, Russia stressed that any agreement must be approved by all parties and that no solution should be imposed by the international community.

  • Parliamentary Elections in Serbia Reveal Progress in Democratic Development but also Support for Nationalist Causes

    By Clifford Bond and Robert Hand On January 21, Serbia held elections for the 250-seat parliament, the National Assembly. Monitored by more than 300 international observers under OSCE auspices, including two members of the Helsinki Commission staff, the elections were overwhelmingly viewed as being conducted in a free and fair manner. The outcome and related institutional questions, on the other hand, indicate that Serbia’s political development remains burdened by the legacy of the Milosevic regime that ruled for over a decade before being ousted in 2000, even as the country moves in an increasingly democratic direction. These elections were held in the aftermath of the dissolution of the state-union between Serbia and Montenegro following the latter’s declaration of independence in June 2006. Serbia subsequently adopted a new constitution in October 2006. Looming over these formal developments and new elections, however, is the larger question of Kosovo’s future status. The actual timing of the elections was used as a pretext for delaying a UN recommendation on Kosovo, which is expected shortly. Based on the conduct of previous elections in Serbia, there was little concern that these elections would fall short of international standards. However, some concerns were raised regarding the conduct of the earlier constitutional referendum, which witnessed a strong, last-minute push of voting in some regions with the apparent purpose of ensuring a positive outcome. The constitution itself is controversial, particularly in its numerous references to Kosovo as an integral part of Serbia, which may have led some segments of Serbian society to boycott the referendum. Undoubtedly, more important international concerns include the uncertain direction of Serbia’s political development and a desire to strengthen Serbia’s democratic institutions. OSCE Parliamentary Assembly President Goran Lennmarker, a Swedish parliamentarian, was designated by the OSCE Chair-in-Office to lead the short-term election observation mission as Special Coordinator. The OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) conducted a long-term observation effort headed by retired German Ambassador Geert Ahrens. Perhaps the chief criticism of the election process was the obvious gap between the voter’s choice and the actual selection of the person who ultimately takes a parliamentary seat. The Serbian voter chooses a political party or coalition on the election list, but, once it is determined how many seats a particular party/coalition gets, the party leadership then has ten days in which to select which of the 250 persons on its submitted party list actually take a seat. This method of selecting parliamentarians has been criticized for lacking transparency and effectively concentrating attention not on specific candidates and their views or abilities but on the political party leaders who retain control over their members. This leadership control may be further strengthened by requiring deputies to sign undated letters of resignation which can be used to remove them if they fail to observe party discipline. On the other hand, efforts were undertaken – albeit not without some opposition -- to modify existing law and encourage minority representation, including lowering the number of signatures for parties representing ethnic minorities from the normal 10,000 to only 3,000 and dropping the threshold needed to enter the parliament from 5 percent of the votes case to 0.4 percent (1/250) of those cast. Two Hungarian and two Romani political parties joined a Bosniak coalition from the Sandzak region and an Albanian coalition from southern Serbia on the election ballot. Albanian participation was the first since 1997, although two Albanian-based political parties which originally joined the coalition subsequently withdrew and supported a boycott of the elections. The election campaign was long by Serbian standards and quite intense. In contrast to the constitutional referendum campaign, the issue of Kosovo’s status did not dominate campaign rhetoric. Instead, there was considerable and perhaps refreshing discussion of economic issues, for example, reflecting the fact that despite significant economic growth, unemployment remains high. EU enlargement may also increasingly isolate Serbia and its people within the region. Some parties focused more heavily on corruption, property restitution and other economic issues. The democratic and nationalistic range of the dominant Serbian political parties differed on integration mostly in their degree of enthusiasm and differentiation between support for joining the European Union on the one hand and joining NATO on the other. They likewise differed on Kosovo mostly to the degree to which its loss to Serbia was an acknowledged inevitability. Comments by politicians and diplomats from other countries supporting reformist parties late in the campaign prompted cries of interference from more nationalist parties. Observers monitoring media coverage of the campaign reported a very balanced approach, particularly among the broadcast media, as well as a positive tone indicating almost too much official instruction about how to remain neutral. The print media’s performance was more uneven in its campaign coverage, but low reliance on print media in Serbia made such differentiation of questionable significance. Election day was largely dry and unseasonably mild, and this contributed to high voter turnout of above 60 percent. This reversed trends toward voter apathy in previous elections. Out-of-country voting also took place for Serbian citizens in 34 other countries. Upon visiting their designated polling station, over 8,500 in all, voters typically encountered a polling board enlarged by political party representation to often as many as 20 to 30 or more members. Nevertheless, with few exceptions the polling was conducted in a professional manner that respected the secrecy of the ballot and made election-day manipulation, if any was intended, difficult to accomplish. The ballot presented the same list of 20 political parties or coalitions to voters across the country, albeit in different languages depending on concentrations of ethnic minorities residing in the area. Unlike the referendum in which the constitution would either pass or fail, polling board members represented political parties that had no real expectation of an outright victory and merely hoped to achieve or maybe exceed the high end of predictions based on public opinion polls. This likely reduced tension on election day, including during the critical counting of ballots once polls closed, despite significant political differences within polling boards. The Center for Free Elections and Democracy (CeSID), a civic non-governmental organization, helped reduce tension by peppering Serbia with close to 4,000 domestic observers to discourage irregularities. The day after the election, before final results were announced, the International Election Observation Mission held a press conference to announce its preliminary conclusions. As Special Coordinator, OSCE Parliamentary Assembly President Goran Lennmarker released the joint statement which began with the clear statement that the “parliamentary elections in Serbia were free and fair. They provided a genuine opportunity for the citizens of Serbia to freely choose from a range of political platforms. The 20 lists of political parties and coalitions vigorously competed in an open campaign environment. The election campaign was calm, and checks and balances ensured that the election reflects the will of the people, in line with the OSCE’s Commitments as well as with the Council of Europe standards.” The OSCE’s ODIHR released an additional report of its preliminary findings based on the month-long observation of its 28-member team. Despite the overwhelmingly positive assessment, the Republican Election Commission did cancel results in 14 polling stations due to irregularities. World reaction to the results focused heavily on the continued support among the Serbian electorate for the Serbian Radical Party (SRS) led by indicted war criminal Vojislav Seselj, which garnered 28.7 percent of the vote, up from 27.6 percent in the last elections in 2003. That, of course, rightly leads to concern about Serbia’s inability to reject the extreme nationalism fostered by the Milosevic regime throughout the 1990s. On the other hand, the Democratic Party (DS) of President Boris Tadic came in second with 22.9 percent of the vote, an increase from 12.6 percent in 2003 and an indication that entrenched nationalist sentiments have not negated strong support for democratic development and integration. The coalition led by the Democratic Party of Serbia (DSS) of the current Prime Minister, Vojislav Kostunica, gained only 16.7 percent of the vote, compared to 17.7 percent in 2003. The DSS, which bridges the nationalist/democratic divide in Serbian politics, appears to be replaced by the DS as the leading reform-oriented party in Serbia. G17-Plus, which has focused heavily on economic reform, saw its percentage of support drop but retained enough for parliamentary representation, as did the Socialist Party of Serbia (SPS), once led by Slobodan Milosevic. The Liberal Democratic Party (LDP), a newer party led by Cedomir Jovanovic which more completely than any other rejects the Milosevic legacy, crossed the 5 percent threshold by leading a coalitions of like-minded parties. The Serbian Renewal Movement (SPO) of Vuk Draskovic, which traditionally featured prominently in Serbia’s multi-party political history, did not. One Hungarian and two Romani parties, along with the Bosniak and the Albanian coalition, won one or more seats in the National Assembly. The odds that the SRS will be part of a coalition government appear to be slimmer than one year ago, when that was a major concern. Instead, the hope is for the DS and the DSS to overcome differences to form a new government with the support of other democratic forces, such as the G-17 Plus. Such a coalition could advance Serbia’s integration into the Euro-Atlantic community. Prime Minister Kostunica’s past government relied on SPS support to stay in power, and he has indicated an unwillingness to enter a coalition with the Radicals. Personality conflicts, as well as differences over important issues such as cooperation with the Hague-based International Criminal Tribunal for the Former Yugoslavia (ICTY) and the appropriate response to an expected UN proposal on the status of Kosovo could complicate coalition formation. Most leading Serbian parties have counted on international concern over Serbia’s political direction to delay an expected UN recommendation, but that appears increasingly unlikely. A proposal on a new status for Kosovo will jolt the Serbian political scene. Many in Serbia feel victimized by the Milosevic regime. They fail to fully appreciate, however, the tremendous damage and suffering inflicted on the neighboring peoples of the former Yugoslavia during the Milosevic era through the commission of war crimes, crimes against humanity and genocide, and a deep distrust resulting from Serbia’s inability to acknowledge that reality. Serbia will not fulfill its democratic promise until it fully comes to terms with this recent history. For that reason full cooperation with The Hague Tribunal remains essential. Over the longer term, democratic forces inside the country should prevail and advance Serbia’s reconciliation with its neighbors and its full integration into Europe, but without a mental break with its past this task will take longer and be more difficult to accomplish.

  • OSCE Parliamentary Assembly Convenes Winter Session

    By Robert Hand, Staff Advisor The Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA) met in Vienna, Austria, on February 22 and 23 for its sixth annual winter meeting. The U.S. Delegation to the meeting was led by Helsinki Commission Chairman Alcee L. Hastings (D-FL), who is also serving as President Emeritus of the OSCE PA. The delegation included Representatives Mike McIntyre (D-NC), a Helsinki Commissioner, and Hilda L. Solis (D-CA). Setting an Agenda for Future Activity Created in 1991, the OSCE PA holds an annual session every July as its principal forum to debate issues and adopt a declaration. In 2002, however, the Assembly added a short winter session to prepare for the July session. Rapporteurs from each of the three general committees that parallel the OSCE security, economic and human dimensions discussed their preparations for the annual session to be held from July 5 to 9 in Kyiv, Ukraine, while the standing committee, chaired by Assembly President Goran Lennmarker of Sweden, formally approved Kazakhstan to be the host of the 2008 annual session. The committees heard from a variety of OSCE officials, including the OSCE Secretary General, the Representative on Freedom of the Media, the High Commissioner for National Minorities, the Head of the OSCE Mission in Kosovo and the Director of the Office for Democratic Institutions and Human Rights. In an unprecedented step for an OSCE Chair-in-Office, Spanish Foreign Minister Miguel Angel Moratinos decided not to attend the Winter Meeting, sending his special envoy instead. The first committee focused primarily on implementation of the OSCE PA’s Brussels Declaration adopted in 2006, noting ongoing discussion of OSCE reform issues including the role of the Parliamentary Assembly and support for OSCE field missions. Developments in the Balkans, especially Kosovo, as well as in Moldova and Afghanistan were also discussed. Rep. McIntyre inquired about the ability of the OSCE field mission in Kosovo to adapt to changing circumstances, and expressed hope that OSCE norms, particularly regarding human rights, would be respected there no matter what decisions are made regarding Kosovo’s status. The second committee looked forward to the Kyiv annual session where it intends to focus on immigration and its effect on a country’s development, immigration policy responses and the potential for OSCE activity on immigration issues. The third committee raised a wide range of items to be considered in Kyiv, including gender equality, media freedom, combating organized crime through the rule of law and transparency, poverty, and the political and social rights of immigrants. The U.S. delegation expressed interest in focusing on the rights of immigrants, an issue that is expected to be addressed in both the second and third committees. Additional discussion during the PA meeting focused on OSCE election observation, an area in which the OSCE has traditionally taken a leading role among other international institutions. Recent election observation missions have brought to light institutional friction between the PA and the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). The PA provides parliamentarians to lead short-term observing with their strong political instincts, considerable observation experience and high-profile presence, while ODIHR provides many additional short-term observers to enhance election day coverage as well as technical experts and a long-term observation effort. Both are needed, but differing perspectives and interests are beginning to threaten the success of the entire observation effort. Parliamentarians lamented the degree to which implementation of a 1997 agreement providing the basis for cooperation in the field has deteriorated, and many hoped the Spanish Chair-in Office would help the two OSCE bodies resolve their differences and ensure that future observation missions are conducted in accordance with the agreement. Debating “Energy Security”, a Vital Issue of Today The three committees convened together for a special debate on energy security in the OSCE area. Speaking for the U.S. Delegation, Rep. Solis argued that to truly achieve energy security, there needs to be increased transparency and predictability in energy supply on the one hand, and aggressive action to cut energy use and reduce emissions on the other. Adding that energy security and climate change ultimately must be addressed together, she highlighted initiatives taken in her home state of California as well as recent initiatives in the U.S. Congress. Rep. Solis concluded her remarks by calling for a global approach that “not only promotes energy security, but environmental security as well.” Other delegates similarly focused on the need for increased transparency in the energy sector and expressed concern about use of energy as a political instrument. Addressing Mediterranean Issues Chairman Hastings, in his role as the OSCE PA Special Representative on Mediterranean Affairs, hosted a dinner during the winter session in Vienna to find ways to enhance security in the Mediterranean region through the partnership between countries in the region and the OSCE and its Parliamentary Assembly. Representatives from the parliaments and foreign ministries of Egypt, Israel, Jordan, Morocco, Algeria, and Tunisia joined the U.S. Delegation in discussing how their countries could benefit from OSCE and PA work to promote political dialogue, democracy, rule of law, and economic stability. Secretary General of the OSCE PA Spencer Oliver, PA Treasurer Jerry Grafstein, representatives of the OSCE Spanish Chairmanship, as well as the Finnish Chairmanship of the OSCE Partners Group also participated. Mr. Hastings proposed using the OSCE and the PA as a framework for increased informal dialogue among the countries in the region, and also discussed greater involvement in OSCE work to combat anti-Semitism and discrimination against Muslims.

  • Helsinki Commissioners Meet with Vaclav Havel, Commemorate 30th Anniversary of Charter 77 Movement

    On February 27, 2007, Representative Alcee L. Hastings (D-FL) and Senator Benjamin L. Cardin (D-MD), Chairman and Co-Chairman of the Commission on Security and Cooperation in Europe, met with Vaclav Havel, former president of the Czech Republic (1993–2003), world renowned human rights activist, and playwright. “This year marks the 30th anniversary of Charter 77’s founding, a movement that was dedicated to compelling the communist government of Czechoslovakia to abide by the international human rights agreements it had freely adopted, including the Helsinki Final Act,” observed Chairman Hastings. “I was delighted to be able to personally share with President Havel the deep respect I have for him, for the movement he helped to found, and for his continuing leadership on human rights issues around the globe.” Former Commission Chairman Representative Christopher H. Smith (R-NJ) and Czech Ambassador Petr Kolar also participated in the discussions, which touched on issues including Russia, China, Cuba, and developments in the Middle East. Havel was briefly in Washington early this year at the Library of Congress’ John W. Kluge Center. Librarian of Congress Dr. James Billington hosted meetings on Capitol Hill with Havel and Members of Congress. Havel addressed a joint session of Congress in 1990 and was awarded the Presidential Medal of Freedom in 2003. The Charter 77 movement was founded in Czechoslovakia in 1977, originally with the support of approximately 240 signatories, each of whom signed a card stating, “I agree with the Charter 77 declaration of January 1, 1977.” The original cards have since been discovered in the Czechoslovak secret police archives. In January, the National Museum in Prague mounted an exhibit of materials related to the Charter 77 movement. In addition, the Washington-based National Security Archives (affiliated with George Washington University), in conjunction with the Prague-based Czechoslovak Documentation Center, released a compilation of documents about the Charter 77 movement, including now-declassified State Department and CIA reporting. Statements made by current and former leaders of the Helsinki Commission on the occasion of the 30 th anniversary of Charter 77, as published in the Congressional Record, are printed below. STATEMENTS REPRINTED FROM THE CONGRESSIONAL RECORD THE 30TH ANNIVERSARY OF THE ‘‘CHARTER 77 MOVEMENT’’ HON. ALCEE L. HASTINGS OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Thursday, March 1, 2007 Mr. HASTINGS of Florida. Madam Speaker, as Chairman of the Commission on Security and Cooperation in Europe, I am privileged to add my voice today to those honoring Vaclav Havel, Czechoslovakia's first post-communist President, and the Charter 77 movement which, 30 years ago, he helped to found. Three decades ago, the Charter 77 movement was established and its founding manifesto was formally delivered to the Communist regime in Prague. The goals of the Chartists – as signatories came to be known – were fairly straightforward: “Charter 77 [they stated] is a loose, informal and open association of people of various shades of opinion, faiths and professions united by the will to strive individually and collectively for the respect of civic and human rights in our own country and throughout the world – rights accorded to all men by the two mentioned international covenants, by the Final Act of the Helsinki conference and by numerous other international documents opposing war, violence and social or spiritual oppression, and which are comprehensively laid down in the U.N. Universal Charter of Human Rights.” The phrase “people of various shades of opinion” was, in fact, a charming understatement regarding the diversity of the signatories. Founding members of this movement included Vaclav Maly, a Catholic priest banned by the regime; Vacla Benda, a Christian philosopher; former Trotskyite Peter Uhl; former Communists like Zdenek Mlynar and Jiri Hajek, both of whom were ousted from their leadership positions in the wake of the 1968 Soviet attack that crushed the Prague Spring reforms; and, of course, Vaclav Havel, a playwright and dramatist. Notwithstanding the many differences these people surely had, they were united by a common purpose: to compel the Communist regime to respect the international human rights agreements it had freely adopted. Interestingly, the Charter 77 movement was never a mass dissident movement – fewer than two thousand people ever formally signed this document. But, to use a boxing analogy, Charter 77 punched above its weight. Its influence could be felt far beyond the number of those who openly signed on and, ultimately, in the battle of wits and wills with the Communist regime, Charter 77 clearly won And most importantly, Charter 77 – like other human rights groups founded at roughly the same time in Moscow, Vilnius, Warsaw and elsewhere – looked to the Helsinki process as a vehicle for calling their own governments to account. Although it is sometimes said that the Helsinki process helped to bring down communism, it is really these grass roots movements that gave the Helsinki process its real meaning and its true legitimacy. Thirty years ago, a small, courageous band of people came together and said, “We believe that Charter 77 will help to enable all citizens of Czechoslovakia to work and live as free human beings.” Today, we remember their struggle and praise their enduring contributions to democracy and human rights. IN HONOR OF VACLAV HAVEL SENATOR BENJAMIN L. CARDIN OF MARYLAND IN THE SENATE March 13, 2007 Mr. CARDIN. Mr. President, 30 years ago, the Charter 77 movement was established with the simple goal of ensuring that the citizens of Czechoslovakia could ``live and work as free human beings.'' Today, as cochairman of the Commission on Security and Cooperation in Europe, I join with my colleagues in celebrating the founding of Charter 77 and honoring those men and women who, through their personal acts of courage, helped bring freedom to their country. When the Charter 77 manifesto was issued, three men were chosen to be the first spokespersons of this newly formed movement: a renowned European philosopher, Jan Patocka; Jiri Hajek, who had been Czechoslovakia's Foreign Minister during the Prague Spring; and the playwright, Vaclav Havel. They had the authority to speak for the movement and to issue documents on behalf of signatories Tragically, Jan Patocka paid with his life for his act of bravery and courage. After signing the charter and meeting with Dutch Ambassador Max van der Stoel, he was subjected to prolonged interrogation by the secret police. It is widely believed this interrogation triggered a heart attack, resulting in his death on March 13, 1977. In spite of the chilling message from the regime, Jiri Hajek and Vaclav Havel continued to work with other chartists, at tremendous personal cost. Two-hundred and thirty signatories were called in for interrogation; 50 houses were subjected to searches. Many supporters lost their jobs or faced other forms of persecution; many were sent to prison. In fact, the harsh treatment of the Charter 77 signatories led to the creation of another human rights group, the Committee for the Defense of the Unjustly Persecuted, known by its Czech acronym, VONS. In October 1979, six VONS leaders including Vaclav Havel, were tried for subversion and sentenced to prison terms of up to 5 years. Perhaps the regime's harsh tactics reflected its knowledge that, ultimately, it could only retain control through force and coercion. Certainly, there was no perestroika or glasnost in Husak's Czechoslovakia, no goulash communism as in neighboring Hungary. And so, the regime was threatened by groups that might have seemed inconsequential elsewhere: by the psychedelic band, ``Plastic People of the Universe;'' by a musical appreciation group known as the Jazz Section; by environmentalists, historians, philosophers and, of course, playwrights. Mr. President, 1989 was an extraordinary year--a year in which the regime sought to control everything and, in the end, could control nothing. In May, Hungary opened its borders. In June, free elections were held for parliamentary seats in Poland for the first time in decades. By August, 5,000 East Germans were fleeing to Austria through Hungary every single week. Demonstrations in East Germany continued to rise, forcing Eric Honecker to resign in October. On November 9, the Berlin Wall was breached. But while Communist leaders in other countries saw the writing on the wall, authorities in Prague continued to believe they could somehow cling to power. Ironically, the regime's repressive tactics were part of its final undoing. On November 17, 1989, significant student demonstrations were held in Prague. Human rights groups released videotapes of police and militia viciously beating the demonstrators and these tapes were rapidly and widely circulated through the underground. Shortly thereafter, VONS received credible information that a student demonstrator had been beaten to death. The alleged death so outraged Czechoslovak society that it triggered massive demonstrations. Within days, Czechoslovakia's Communist regime collapsed like a house of cards. As it turned out, no one had actually been killed during the November 17 protests; the story of the student death had been concocted by the secret police to discredit VONS but was all too believable. As concisely stated by Mary Battiata, a reporter for the Washington Post, ``..... a half-baked secret police plan to discredit a couple of dissidents apparently boomeranged and turned a sputtering student protest into a national rebellion.'' On December 29, Vaclav Havel--who had been in prison just a few months earlier--was elected President of Czechoslovakia by the Federal Parliament. Jan Patocka once wrote, ``The real test of a man is not how well he plays the role he has invented for himself but how well he plays the role that destiny assigned to him.'' It seems that destiny had a particular role for Vaclav Havel, not one that he invented or envisioned for himself, but one that he has played with courage and grace, with dignity and honor. Today, we honor Vaclav Havel and the Charter 77 movement he helped to found. IN HONOR OF VACLAV HAVEL AND THE 30TH ANNIVERSARY OF CHARTER 77 HON. STENY H. HOYER OF MARYLAND IN THE HOUSE OF REPRESENTATIVES Tuesday, February 27, 2007 Mr. HOYER. Madam Speaker, this year marks the thirtieth anniversary of the Charter 77 movement. Along with other colleagues from the Helsinki Commission, which I had the privilege of Chairing and Co-Chairing from 1985 to 1994, I rise today to commemorate Charter 77's extraordinary accomplishments, and to praise Vaclav Havel, a founding member of the Charter 77 movement and Czechoslovakia's first President after the fall of communism. Twenty years ago this month, I led a Congressional delegation to Czechoslovakia – my first trip to that country. At that time, I was assured by Czechoslovak Government officials that Charter 77 was only a small group, and there was no need to have a dialogue with its members. In an apparent effort to underscore their point, the regime detained several Chartists to keep them from meeting with our delegation: Vaclav Havel, Petr Uhl and Jiri Dienstbier were all arrested in Prague; Miklos Duray was prevented from traveling to Prague from Slovakia; and although Petr Puspoki-Nagy made it to Prague, he was also immediately detained on his arrival. Although I was deprived of the chance to meet these individuals in person, I was already well aware of their work. In fact, the Helsinki Commission's second hearing, held in February 1977, published the full text of the Charter 77 manifesto at the request of one of our witnesses, Mrs. Anna Faltus. We owe a special debt of gratitude to the late Mrs. Faltus, who worked tirelessly for decades as an advocate for a free Czechoslovakia. To this end, she made sure that the documents of Charter 77 and the Committee for the Defense of the Unjustly Persecuted were quickly translated and widely disseminated to policy makers and human rights advocates. Her effort made it possible for the Helsinki Commission to publish (in 1982 and in 1987) selected and representatives texts of the Charter 77 movement. Looking back, the breadth of those documents is truly remarkably, touching on everything from the legacy of World War II to the country's economic situation; from contemporary music to nuclear energy. But the common thread that bound these diverse statements together was a commitment to promote and protect “the right of the individual to know and act upon his rights.” This right was freely adopted by the Czechoslovak Socialist Republic when Gustav Husak fixed his signature to the Helsinki Final Act in 1975. It was, of course, with great interest that I discussed Charter 77 , first with Czechoslovak officials during my February 1987 trip to Prague, then with Czechoslovak parliamentarians visiting Washington in June 1988 (a delegation which included Prague Communist Party boss Miroslav Stepan), and then with the Czechoslovak delegation to the 1989 Paris Meeting of the Conference on the Human Dimension. In these meetings, as well as in correspondence with the Czechoslovak Ambassador to the United, I was told that Charter 77 didn't represent public opinion. I was warned that siding with Charter 77 would not help bilateral relations, and I was assured that democracy was coming soon to Czechoslovakia – “socialist democracy.” Needless to say, I was not convinced by my interlocutors: I was not convinced that Augustin Navratil was actually being treated for a mental health condition, rather than being persecuted for his religious activism. I was frankly disgusted when the Czechoslovak delegation to the Paris meeting baldly lied about Jiri Wolf, telling us he had been released early from his prison sentence as a “humanitarian” gesture, and then shrugging with indifference when they were caught in their lie. Most of all, I did not believe that Vaclav Havel was a criminal and Charter 77 merely an “insignificant” group. In fact, in 1989 Senator Dennis DeConcini and I nominated Vaclav Havel for the Nobel Peace Prize. As Senator DeConcini said, “[i]n spite of relentless harassment by the authorities, including imprisonment, repeated detentions, house searches, and confiscation of property, Havel has remained active in the struggle for human rights. . . Havel is now in prison, but he is not alone in his cause. In a dramatic move. . . over 700 of his colleagues – playwrights, producers, artists, and actors – signed a petition calling for his release and the release of others [similarly imprisoned]. For these people, like many others in his country, Vaclav Havel has become a symbol of an enduring and selfless commitment to human rights.” Madam Speaker, on this 30th anniversary of the founding of the Charter 77 movement, I rise to commend and remember the courageous men and women, signatories and supporters, who paved the way for the peaceful transition from communism in Czechoslovakia and restoration of Europe, whole and free. On this anniversary, I give special tribute to Vaclav Havel, playwright and president, and his singular role in leading his country to freedom. IN HONOR OF VACLAV HAVEL AND THE 30TH ANNIVERSARY OF CHARTER 77 HON. CHRISTOPHER H. SMITH OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Tuesday, February 27, 2007 Mr. SMITH of New Jersey. Madam Speaker, Edmund Burke once said that, “all it takes for evil to triumph is for good men to do nothing.” Thirty years ago, good men and women came together, and together, they ultimately triumphed over evil. In 1987, I traveled to Czechoslovakia with a Helsinki Commission delegation led by my good friend, STENY HOYER, who was then Chairman of the Commission. We traveled there just ten years after the Charter 77 movement had been formed and, amazingly, in spite of persecution and imprisonment, they had managed to publish 350 documents during its first ten years. And it was clear during my visit to Prague that this organization was having an impact, especially when the communist authorities went to the trouble of preventing five independent activists, including Vaclav Havel, from meeting with us. In spite of this, our delegation was able to meet with several other Charter 77 signatories and sympathizers: Libuse Silhanova, Josef Vohryzek, Father Vaclav Maly, Zdenek Urbanek, and Rita Klimova. Libuse Silhanova, then serving as a Charter 77 spokesperson, described her fellow Chartists as ``ordinary people who happen to be part of a movement.'' For a group of ``ordinary people,'' they certainly accomplished extraordinary things. One of the most notable of these “ordinary people” was the playwright Vaclav Havel, who is today the sole surviving member of Charter 77’s first three spokespersons. At a time when most Czechoslovaks preferred to keep their heads low, he held his up. When others dared not speak out, he raised up his voice. While others hid from communism in their apartments and weekend cottages, he faced it down in prison. In 1978, Havel wrote a seminal essay entitled, “The Power of the Powerless.” In it, he proposed a remarkably conspiratorial concept: the idea that those repressed by the Communist Lie actually had the power to “live for truth,” and that by doing so, they could change the world in which they live. One of the people who read this essay was Zbygniew Bujak, who became a leading Solidarity activist in Poland. Bujak described the impact of Havel's message: This essay reached us in the Ursus factory in 1979 at a point when we felt we were at the end of the road. Inspired by KOR [the Polish Workers' Defense Committee, which preceded Solidarity], we had been speaking on the shop floor, talking to people, participating in public meetings, trying to speak the truth about the factory, the country, and politics. There came a moment when people thought we were crazy. Why were we doing this? Why were we taking such risks? Not seeing any immediate and tangible results, we began to doubt the purposefulness of what we were doing. Shouldn't we be coming up with other methods, other ways? Then came the essay by Havel. Reading it gave us the theoretical underpinnings for our activity. It maintained our spirits; we did not give up, and a year later – in August 1980 – it became clear that the party apparatus and the factory management were afraid of us. We mattered. And the rank and file saw us as leaders of the movement. When I look at the victories of Solidarity, and of Charter 77, I see in them an astonishing fulfillment of the prophecies and knowledge contained in Havel’s essay. Vaclav Havel’s essay was not just the product of clever wordsmithing; it was an act of singular heroism. In fact, shortly after writing “The Power of the Powerless,” Vaclav Havel found himself in prison, again. And it should be remembered that others, including philosopher Jan Patocka, Havel's close friend, and Pavel Wonka, paid with their lives for their opposition to the Czechoslovak communist regime. Vaclav Havel is a man who has always been guided by the courage of his convictions. Remarkably, his courage did not fade upon his assumption of the presidency. Indeed, he is all the more heroic for his steadfast commitment to human rights even from the Prague Castle. From the beginning, he was a voice of reason, not revenge, as he addressed his country's communist and totalitarian past. In 1993, he rightly identified the situation of Roma as “a litmus test for civil society.” And not only has he raised human rights issues in his own country but reminds the world of the abuses taking place in Cuba and China. Throughout his presidency, he pardoned those faced with criminal charges under communist-era laws that restrict free speech. In 2001, he spoke out against the parliament's regressive religion law, which turned the clock back on religious freedom. And he has reminded other world leaders of our shared responsibility for the poor and less fortunate the world over. On the occasion of the 30th anniversary of the founding of Charter 77, I want to join my colleagues from the Helsinki Commission in honoring Vaclav Havel and all the men and women who signed the Charter, who supported its goals, and who helped bring democracy to Czechoslovakia. IN HONOR OF VACLAV HAVEL SENATOR SAM BROWNBACK OF KANSAS IN THE SENATE March 07, 2007 Mr. BROWNBACK. Mr. President, today I wish to join my colleagues from the Helsinki Commission in commemorating the founding of the Charter 77 movement 30 years ago, and praising Vaclav Havel, one of Charter 77’s first spokesmen and the first post-Communist President of Czechoslovakia. Many aspects of Vaclav Havel’s biography are well known. His advanced formal education was limited by the Communist regime because of his family's pre-World War II cultural and economic status. By the 1960s, he was working in theater and writing plays. But by 1969, the Communist regime had deemed him “subversive,” and his passport was confiscated. In 1977, he took the daring step of joining two others – Jan Patocka and Jiri Hajek – in becoming the first spokesmen for the newly established “Charter 77” movement. This group sought to compel the Czechoslovak Government to abide by the international human rights commitments it had freely undertaken, including the Helsinki Final Act. In the 1970s and 1980s, Vaclav Havel was repeatedly imprisoned because of his human rights work. His longest period of imprisonment was 4 1/2 years, 1979-1983, for subversion. After this, Havel was given the opportunity to emigrate but, courageously, he chose to stay in Czechoslovakia. By February 1989, Havel had come to symbolize a growing human rights and democratic movement in Czechoslovakia and, that year, the Helsinki Commission nominated him for the Nobel Peace Prize. Remarkably, in November 1989, the repressive machinery of the Communist regime – a regime that for five decades had persecuted and even murdered its own citizens – collapsed in what has come to be known as the “Velvet Revolution.” To understand just how repressive the former regime was – and therefore how stunning its seemingly sudden demise was – it may be instructive to recall the first measures of the post-Communist leadership, introduced in the heady days of late 1989 and early 1990. First and foremost, all known political prisoners were released. Marxism-Leninism was removed as a required course from all school curricula. Borders were opened for thousands of people who had previously been prohibited from traveling freely. Control over the People's Militia was transferred from the party to the Government. The Federal Assembly passed a resolution condemning the 1968 Soviet-led invasion of Czechoslovakia. Approximately 40 Ambassadors representing the Czechoslovak Communist regime were recalled. Newly appointed Foreign Minister Jiri Dienstbier announced that the “temporary” 1968 agreement allowing Soviet troops to remain in Czechoslovakia was invalid because it was agreed to under duress and that Soviet troops would withdraw from the country. The Politburo announced it would end the nomenklatura system of reserving certain jobs for party functionaries. The secret police was abolished. Alexander Dubcek, leader of the 1968 Prague Spring, was elected Chairman of the Federal Assembly on December 28 and, a day later, Vaclav Havel was voted to replace Gustav Husak. In February 1990, Vaclav Havel addressed a joint session of Congress. Charter 77 paved the way for all of these things, and more: for Czechoslovakia's first free and fair elections since 1946, for the normalization of trade relations between our two countries, and for the Czech Republic's accession to NATO. Not surprisingly, the work of Charter 77 continues to inspire, as is evidenced by the adoption of the name “Charter 97” by human rights activists in Belarus, who are still working to bring to their own country a measure of democracy and respect for human rights that Czechs have now enjoyed for some years. I am therefore pleased to recognize the 30th anniversary of the Charter 77 movement and to join others in honoring Vaclav Havel who remains, to this day, the conscience of the global community.

  • Tajikistan's Presidential Election Falls Short

    By Kyle Parker and Knox Thames On November 6, 2006, Tajikistan held its fourth presidential election, in which incumbent President Emomali Rahmonov easily won over four other competitors. The conduct of the campaign and the Election Day itself provided the international community with an opportunity to gauge Tajikistan’s commitment to democratization – the result was a mixed picture that displayed fundamental problems that must be addressed before Tajikistan can meet OSCE standards of free and fair elections. The final results released by the Central Commission for Election and Referenda (CCER) of Tajikistan showed that President Rahmonov defeated four other candidates with 79 percent of the vote, based on approximately 3 million ballots representing 91 percent of the electorate. The nearest competitor garnered just over five percent. The OSCE’s Election Observation Mission (EOM) reported in its preliminary findings that the elections “did not fully test democratic electoral practices… due to a lack of genuine choice and meaningful pluralism,” and concluded that “the election process also revealed substantial shortcomings.” Tajikistan in Context Tajikistan is located at the heart of the ancient Silk Road traversing the Eurasian landmass, bordering Afghanistan, China, Uzbekistan, and Kyrgyzstan. With about seven million people, Tajikistan has a young, growing population that is largely Sunni Muslim and speaks Tajik, a language closely related to Farsi. Tajikistan has one of the lowest GDP’s of the former Soviet republics; up to one million Tajik citizens are migrant workers abroad, mostly in the Russian Federation. Landlocked and home to the tallest mountains in the post-Soviet space, Tajikistan possesses abundant fresh water resources from glacial runoff. However, only six percent of Tajikistan is arable. Tajikistan also hosts one of the largest and most polluting aluminum smelters in the world. Additionally, since the fall of the Taliban in neighboring Afghanistan in 2001, the cross-border drug trade has dramatically increased, fueling corruption, drug addiction, and HIV/AIDS among the local population. Following the dissolution of the USSR, Tajikistan was the only former Soviet republic to experience a protracted civil war that claimed the lives of at least 40,000 people and displaced nearly a million. Despite extreme poverty, the country has made notable gains since the peace agreement signed almost 10 years ago that ended the civil war. The accord created a power-sharing agreement among the warring parties, including the only legal Islamic party in post-Soviet Central Asia. President Rahmonov was first elected in 1994 and re-elected in 1999. The Constitution of Tajikistan sets a presidential term of office at seven years. In 2003, a referendum amended the constitution to limit the number of consecutive terms an individual could be elected president to two, but allowed him to run again. As a result, President Rahmonov may seek another term in 2013, potentially serving until 2020. Pre-Election Climate As elsewhere in Central Asia, Tajikistan’s political system features top-down rule by the president, whose control of the state apparatus and state-run media greatly enhance his privileged position in any election. Pre-election decrees by the CCER did address some inequities in the election system, and the government provided opposition parties free air time on state television. However, the ability of independent media outlets to operate freely was restricted. And while multiple candidates did participate, the major opposition leaders experienced significant harassment from authorities and did not or could not run. For instance, Muhammadruzi Iskandarov, the former head of the Democratic Party, was sentenced to 23 years in prison in October 2005 under questionable circumstances. This year, authorities repeatedly threatened criminal penalties against the Chairman of the Socialist Democratic Party, Rahmatullo Zoyirov, for statements made regarding the number of alleged political prisoners in Tajikistan. Before his death in August, charges of slander were brought against the late Said Abdullo Nuri, Chairman of the Islamic Renaissance Party, who was arguably the only opposition presidential candidate with a national following. Of these three parties, only the anti-Iskandarov “Vatan” faction of the Democratic Party entered a candidate. Their bid was unsuccessful, as they could not obtain the necessary petition signatures in time to qualify for ballot inclusion. The CCER registered five candidates out of six nominees who submitted signatures for the election: Olimjon Boboev (Party of Economic Reform of Tajikistan); Abdukhalim Gaffarov (Socialist Party); Amir Karakulov (Agrarian Party); Emomali Rahmonov (Peoples’ Democratic Party of Tajikistan); and Ismoil Talbakov (Communist Party of Tajikistan). To run, candidates had to collect signatures representing five percent of registered voters, or approximately 160,000 names. Individuals could not sign more than one petition, and yet remarkably, the six applicants reportedly collected over 1.5 million signatures, equaling roughly half of the electorate in just 20 days. Considering that the pro-government Agrarian and the Economic Reform Parties were both established this year, their ability to set up a network to collect the required signatures was remarkable and implausible. Although roughly one of every two voters signed a petition (based on the claims of the parties), Commission staff did not meet any individual voter who had signed a petition nor did staff hear of any other OSCE observer that met a voter who also signed a petition. Each candidate had up to 30 minutes of free air time on state television and radio. Nevertheless, the OSCE EOM described the campaign period as “largely invisible,” with party platforms that were “similar,” and concluded that “none of the four candidates running against the incumbent offered a credible political alternative.” Furthermore, there was “little media coverage of the election campaign and a high media profile of the incumbent, raising doubts whether voters received sufficient information to make an informed choice.” Violations on Election Day The November 6 election was the first presidential election in Tajikistan observed by the OSCE, as minimum conditions for democratic elections were not in place for previous presidential contests. The EOM deployed 12 experts and 13 long-term observers to the capital city of Dushanbe and five other cities. The Mission was headed by Mr. Onno van der Wind of the Netherlands. Mr. Kimmo Kiljunen, a parliamentarian from Finland, led the observation delegation from the OSCE Parliamentary Assembly, which was integrated into the EOM. On Election Day, the EOM deployed 123 short-term observers representing 31 OSCE participating States. OSCE observers visited approximately 500 of 3,042 polling stations throughout Tajikistan and observed the closing procedures and tabulations in 47 District Election Commissions. Helsinki Commission staff members were accredited as OSCE observers and visited 15 polling stations in the Dushanbe area, ranging from large urban stations to smaller semi-suburban stations and two military precincts. They witnessed the opening and closing of a polling station, as well as tabulation at the District Electoral Commission level. Commission staff witnessed some type of violation in approximately three quarters of the polling stations visited. The most common problem was the appearance of identical signatures on the voter registry, possibly indicating proxy voting. However, proxy voting was only witnessed in one station. Family voting was widespread. In the vast majority of precincts, ballot boxes were not adequately sealed, but there was no visible evidence of tampering. There were no observed instances of voters being denied the opportunity to cast a ballot, nor were any such complaints raised with Commission staff. Commission staff did encounter teams of observers accredited by the Commonwealth of Independent States (CIS), the Russian Federation, and the People’s Republic of China. None of these teams appeared to operate under any kind of election observation methodology, in clear contrast to OSCE observers. As in past elections, the CIS observers drew starkly different conclusions about the electoral conditions than the conclusions of the OSCE EOM. Of the irregularities observed throughout the day, none appeared to be deliberate attempts to skew the final tally in favor of, or against any particular candidate. The infractions appeared to stem from a lack of proper training, old Soviet habits, and/or a general lackadaisical attitude to what was largely seen as an exercise with a foregone conclusion. Still, the vote count monitored by Commission staff at polling station 10 in Dushanbe’s Second District raised questions about the motives of the precinct workers, who appeared determined not to allow a credible observation. Initially, Commission staff were not permitted to enter the station. Once inside, they were not allowed to come within 15 feet of the table where election officials were counting the ballots. In addition, election officials stood in such a way as to block observers from having any view of the tabulations. Precinct staff did not follow closing procedures – counting the blank ballots last rather than first; results were not entered into the protocol as they were established, but rather at the end of the entire count. Staff questions about these concerns directed to the Precinct Election Commission head were unsatisfactorily answered. The EOM preliminary report echoed these findings. Of the polling stations visited by OSCE observers, proxy voting was cited in 19 percent of the stations and identical signatures were observed in 49 percent of the stations. The report cited incidents of security officials interfering in the work of the observers. In addition, the report found that “counting procedures necessary to ensure integrity and transparency of the process were generally not followed.” The report did note some areas of progress, such as the peaceful nature of the voting; CCER training for electoral commissions; provision of free air time for candidates; voter education efforts; ballots in multiple languages; and the availability of polling stations abroad. However, the EOM report concluded that overall the election “did not fully test democratic electoral practices” because of a “lack of genuine choice and meaningful pluralism.” The findings went on to state that “the election was characterized by a marked absence of real competition. Parties that determined themselves as political opposition to the incumbent chose not to contest the election. Thus, voters were presented with a choice that was only nominal.” Other issues of concern were: significant shortcomings in the election legislation; lack of transparency by the CCER; a government-controlled media environment; and an unusually high signature threshold for candidate participation. Post-Election Tajikistan The outcome of Tajikistan’s presidential contest was never in doubt – the only question was whether President Rahmonov’s final tally would be in the 80th percentile (as in Kyrgyzstan last July) or the 90th percentile (typical for Turkmenistan and Uzbekistan, and recently equaled in Kazakhstan). By that standard, the 79 percent that Rahmonov received could be considered modest for Central Asia. Nevertheless, the international community was able to assess Tajikistan’s commitment to democratization through its conduct before and during the election. Overall, the campaign and election presented a mixed, but generally frustrating, picture – while the electoral code reform, the lack of Election Day violence, and the participation of multiple candidates was positive, the prevalence of irregularities and the intimidation or arrest of major opposition leaders call into question President Rahmonov’s commitment to democratic reform. Although there was little question he would win a fair contest, the deck was carefully stacked anyway. Problems with Tajikistan’s electoral conduct are not new, as the OSCE observed their 2000 and 2005 parliamentary elections and found significant violations in both. The conclusions of the 2000 observation mission stated that Tajikistan must do more to “meet the minimum democratic standards for equal, fair, free, secret, transparent and accountable elections.” Despite OSCE engagement in the pre-election period last year, the 2005 parliamentary elections remained problematic, with the OSCE mission stating they “failed to meet many key OSCE commitments and other international standards for democratic elections.” Against that background, the 2006 presidential election was disappointing for not having achieved more and deeper systemic reforms. President Rahmonov, now safely reelected, has consolidated his position. The next real test of his commitment to electoral reform will be the 2010 parliamentary election, specifically, whether independent opposition parties can operate and organize freely. Many observers believe that the electorate’s vivid memory of the civil war has created an appreciation for the stability he represents, despite the country’s democratic shortcomings. However, 60 percent of the population is reportedly under 35 years old and if serious democratic reforms are not entrenched, and the 2010 parliamentary election again falls short of international standards, the political gains achieved since the end of the war may be jeopardized. As Rakhmonov begins a new seven-year term of office, it is critical that reform efforts move forward. A good sense of his government’s direction could come early in his new administration, if problematic draft NGO or religion laws, are reintroduced, since previous versions fell short of OSCE commitments. In addition, continued governmental efforts to close or harass independent media outlets will also indicate whether old policies will hold sway during the new term of office. Conclusion The United States should continue to find ways to help this impoverished nation develop economically and democratically, lending assistance when appropriate, while continuing to hold Tajikistani authorities to the OSCE commitments they freely undertook. The United States would do well to continue to actively encourage those laboring for a stable and open society in this country that has the potential to be a key partner in battling regional threats to U.S. interests. In addition, the growth of democracy and respect for human rights would enable Washington and Dushanbe to deepen their engagement, while cementing the stability and progress achieved in Tajikistan.

Pages