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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.

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  • The Mediterranean Dimension Today: Seeds of Hope

    By Chadwick R. Gore, CSCE Staff Advisor Recent events across the Mediterranean region, previously unheralded and unappreciated by both governments and their citizens, are heartening signs of the growing interest in democracy and concomitant human rights at the highest levels of these societies.  Various meetings and seminars held in Egypt, Morocco, Jordan and elsewhere indicate the fading away of the previously long-held belief that democratic values and international human rights standards are “Western” values.  Participants have shown a growing acceptance that these values are universal, and that inculcating them into the non-democracies of the region ultimately will result in security and prosperity within and among these states. Similar democratic evolutionary steps occurred in Eastern Europe and the Soviet Union starting with glasnost and “new thinking.” With time there has been the growing sense of the possible acceptance by some Middle Eastern governments and non-governmental organizations, especially academics, of a regional security system not unlike the Helsinki model. Commentary across the Middle East, Europe and the United States now suggests that the time is ripe for such a clear-cut progressive step for the good of the region and adjoining areas.  However, for any such process to be successful, it must be accepted by the regional actors as genuine and indigenous. Western involvement should collegial and not dogmatic. The Mediterranean Dimension The importance of Mediterranean concerns has been widely recognized from the outset of the Helsinki process. Issues relating to the Mediterranean were included in the negotiations that produced the 1975 Helsinki Final Act, resulting in a section of the Act on “Questions relating to Security and Cooperation in the Mediterranean.”  The so-called “non participating Mediterranean countries,” Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Syria and Tunisia, participated on the margins in the 1973-1975 Conference on Security and Cooperation in Europe discussions regarding security in recognition of the relationship between security across Europe, the Soviet Union and in the Mediterranean region--including its southern shore. The Mediterranean dimension of the OSCE was reformulated in the mid 90s as “Mediterranean Partners for Cooperation” to include Algeria, Egypt, Israel, Morocco and Tunisia. It should be noted that such “partner” status does not require commitment to Helsinki principles by these countries. In 1998, Jordan was accepted as a Mediterranean Partner, and Afghanistan, which many consider to lie within the broader Middle East region and which borders the Central Asian states of the OSCE, was accepted as a Partner in 2003. In an effort to broaden and intensify this Mediterranean relationship, the OSCE, including the Parliamentary Assembly, has convened numerous seminars, conferences and forums emphasizing the issues of the Mediterranean and allowing full participation of representatives from Partner countries from the region. Additionally, a contact group exists within the OSCE to provide an ongoing opportunity for participating States and the six Mediterranean Partners to maintain dialogue on pertinent Mediterranean issues. Periodic meetings of the group are typically held at the ambassadorial level. While this formal relationship between the OSCE and the Mediterranean Partners has been evolving, the looming question remains about the applicability of the Helsinki process to the Mediterranean region and beyond.  In other words, would such a multidimensional process work specifically within the region to reduce tensions and advance human rights and democracy? If so, how best should such a process evolve, especially considering the cultural determinants of the region?  Which countries should be involved in such a process? Regional Efforts toward Acceptance of Democracy Public expressions of the progress toward acceptance of these universal values within the non-European portion of the Mediterranean region have been best expressed throughout 2004 at the: OSCE Mediterranean Seminar held November 18-19, Sharm El Sheikh, Egypt; Priorities and Mechanisms of Reform in the Arab World Conference, Cairo, Egypt, July 5-7; First Civil Forum in Beirut, Lebanon, March 19-22; and, the Arab Reform Issues Conference, March 14, Alexandria, Egypt. During the OSCE Mediterranean Seminar in Sharm El Sheikh, several participating States, including the United States, supported the proposal from the Algerian delegation that the OSCE provide election observers for the January 9, 2005, Palestinian elections. Subsequently, on November 27, the Palestinian Central Elections Commission formally invited the OSCE to observe the elections, citing, in part, the OSCE’s “wealth of experience in electoral observation.” While a full-fledged observation mission was not sent due to the crush of end-of-year activity, especially the Ukrainian elections, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) was represented by a smaller election delegation. The Council of Europe and the European Union, as well as other international NGOs, also sent teams of observers. The Palestinian Authority (PA) has also requested OSCE Partner status. There is no consensus on this issue, with some participating States questioning whether the PA constitutes a state. What is most notable about both of these requests is that they are from one of the West’s shrillest critics, the Palestinian Authority. To request a seat with other states endeavoring to adhere to OSCE commitments, and to submit an election to the critique of the OSCE, may indicate the acceptance by the PA of universal standards and the realization that these are not “Western” values being imposed on the organization’s participants. The “Priorities and Mechanisms of Reform in the Arab World Conference,” sponsored by the Cairo Institute for Human Rights Studies (CIHRS), Egyptian Organization for Human Rights and Al Siyassa Al Dawlia Journal was arguably one of the most notable pro-democracy and reform meetings in the Arab sector of the Mediterranean region. The conference, convened in Cairo July 5-7, 2004, was attended by 100 participants from 15 Arab states who discussed international reform initiatives in the Arab world arising from the recent G-8, EU-US and NATO summits. They also evaluated the Alexandria Document produced at the March “Arab Reform Issues” meeting, and the “Second Independence” initiative produced earlier in Beirut. They also discussed and critiqued the pretexts under which Arab governments refuse reform, setting forth schemes for follow up and government accountability.  The Conference in addition discussed visions and priorities for political reform in eight Arab countries:  Egypt, Syria, Tunisia, Jordan, Bahrain, Saudi Arabia, Iraq and Algeria and gave particular attention to the Moroccan experience. As important as these discussions were, the recognition by conference participants that while democratic and intellectual forces in the Arab world have constantly pushed for reform since 1967, the collective responsibility for the failure of such reform rests with the Arab governments was most important. This was made shockingly evident at the Arab League Summit in May.  There the majority of Arab governments outright rejected calls for reform while issuing a statement that linked reform with resolution of the Palestinian problem. Thus the attendees of the Cairo “Priorities” conference concluded that human rights would continue to be suppressed regardless of statements such as thiers, and that such statements by the Arab League and other joint-government declarations were only issued to placate the West. Earlier, in response to the Broader Middle East and North Africa (BMENA) initiative of the United States, the First Civil Forum was organized by the CIHRS in Beirut, Lebanon, March 19-22, 2004, in cooperation with the Association for Defending Rights and Freedoms (ADL), Palestinian Human Rights Organization (Rights) and in coordination with the Euro-Mediterranean Human Rights Network (EMHRN) and International Federation for Human Rights (FIDH). Eighty-seven participants representing 52 NGOs from 13 Arab states issued “Second Independence: Towards an Initiative for Political Reform in the Arab World, The recommendations of the First Civil Forum Parallel to the Arab Summit.” This initiative contains sections with recommendations addressing: fundamental principles for reform; fundamental demands for reform; nationalities and minorities; renewing religious discourse; women’s rights; rights of migrant laborers and refugees; reform priorities in states in transition (which addresses Sudan and Iraq); the Palestinian issue; which charter for human rights and peoples in the Arab world is best to be considered (such as, among others, the Regional Security Charter for the Middle East developed by the Regional Security Charter Working Group); civil society and reforming the regional regime; and, new responsibilities for the human rights movement. This is a comprehensive anti-statist approach to reform across the Arab world, recognizing for the first time in a major document that the primary responsibility for such problems as economic stagnation, poverty and illiteracy, coupled with systemic human rights abuses, lie with each and every government in the region--NOT an outside boogeyman, i.e. the West. Just a week earlier, the “Arab Reform Issues” conference was held in Alexandria, Egypt, March 12-14. Their final product is called the “Alexandria Document” which calls upon Arab governments’ reform in four areas: political reform including power sharing, respect for human rights, free media, independent political parties, and constitutional separation of powers; economic reform including privatization programs in banking and property rights, empowerment of women, and small business development; social reform that reevaluates values that have a negative effect on Arab life; and, cultural reform that uproots fanaticism from some religious curricula, mosque sermons and official and non-official media. In the past, any one of these meetings would have been noteworthy.  But here three were convened in a nine-month period--Cairo, Beirut and Alexandria--each of which puts forth significant plans for reform in the future of the Arab world. These plans share common objectives, are built upon each other in some ways, and are basically arising from outside of governments.  These efforts are somewhat similar to the Helsinki Monitoring Groups of the 70s and 80s which called upon governments to adhere to their international obligations and monitored their compliance. Helsinki Commission Initiatives In November 1995, the Commission publicly explored questions concerning the region through a two-day seminar:  “The OSCE at Twenty: Its Relevance to Other Regions.” Periodic contacts with representatives of Mediterranean Partners at various OSCE meetings, such as Human Dimension Implementation Meetings, Ministerial Meetings and various seminars, indicated that any progress in the region along the Helsinki model, or any other “western” security framework, was inexorably tied to resolution of the Palestinian-Israeli conflict. Additionally, however, Arab representatives, most notably from Egypt and Morocco, expressed irritation at what they described as “conflicting signals” from the West, especially the United States. They viewed the simultaneous approaches across the region from different Western organs, i.e. NATO, the EU (through the Barcelona Process and the Euro-Mediterranean Partnership) and the OSCE as working at cross purposes by approaching the regional security issue with differing proposals and expectations.  The view from Cairo and other capitals was that since these approaches were neither coordinated nor consistent, none of them should be taken seriously--a view that unfortunately came to be shared across much of the region. Most recently, the Helsinki Commission held a hearing June 15, 2004, addressing possible roles of the OSCE in the Middle East, and, more importantly, examining the applicability of the Helsinki model writ large in the region. Witnesses included Ambassador Max Kampelman, former Ambassador to the Conference on Security and Cooperation in Europe; Natan Sharansky, Israeli Minister of Diaspora Affairs; Dr. Peter Jones, Research Associate at the Munk Center for International Studies, University of Toronto, and project leader of the Middle East Security and Arms Control Project at the Stockholm International Peace Research Institute; and, Ambassador Craig Dunkerley (ret.), Distinguished Visiting Professor; and Professor Michael Yaffe, both of the Near East-South Asia Center for Strategic Studies, National Defense University. The objectives of the hearing were to examine the wide range of ideas concerning the OSCE and the broader Middle East region and to seek ideas for processes whereby the states of the Middle East could create an indigenous Helsinki process, to include the human dimension.  This would be especially problematic as none of the regimes in the region currently have committed to the legal reforms necessary for such human rights commitments.  The hearing also considered what role the West should play, especially the United States. Commission Chairman Rep. Christopher H. Smith (R-NJ) set the tone of the hearing by defining the Middle East as the region from Morocco in the west to Iran in the east, and from Sudan in the south to Turkey in the north, “trapped today in the polar opposite of the OSCE process.  Instead of democratic principles pushing democratic progress, state repression breeds resentment and poverty.”  He pointed out that leaders from Israel, Egypt and other countries in the region had testified before the Commission as early as 1995 on the need for a regional security system like the OSCE, and yet no progress toward such a system was in evidence. Former Commissioner and current Minority Whip Steny Hoyer (D-MD) reminded all that the Commission first examined the possibility of a Helsinki-type process for the Middle East in an October 14th, 1993, hearing. Since, commissioners have continued to raise this possibility with Middle East leaders, believing such a process was relevant then, and is perhaps even more so now. Mr. Hoyer proposed that the very substantial gulf that existed between the Soviet Union and the West when the Helsinki process began and the existing gulf between many of the countries in the Middle East are analogous. Hoyer explained that as the West and East were, in 1975, bitterly divided, they came together and agreed on certain principles.  Some, perhaps, agreed on them rhetorically, while some agreed philosophically.  In any event, the agreement had great power and that could apply in the Middle East. Notwithstanding the deep differences that existed then, the process established a regional forum for discussion of certain principles which may not be universally followed, but are now universally accepted. “Clearly, the governments and the peoples of the Middle East must embrace for themselves such a process in order to achieve lasting peace, stability and prosperity,” he said. Ranking House Commissioner Benjamin Cardin (D-MD) noted the uniqueness of the OSCE working through voluntary compliance to commitments by the participating States, not treaty obligations. He also said in some respects the OSCE is stronger than other multilateral organizations due to the use of consensus which requires active diplomacy for results. Originally Cardin strongly supported the effort to expand the OSCE process in the Middle East, specifically a CSCME (Commission for Security and Cooperation in the Middle East). Over the years when he has raised this with leaders in the region, they have supported such a process for the Middle East, without any reservation at all. They have seen this as the right way to try to resolve regional conflicts by creating a forum in which to discuss differences in an open manner where every state is given equal respect in dealing with the issues. However, Mr. Cardin’s position has changed, accepting Ambassador Kampelman’s proposal to expand the existing organization to include the Middle East diaspora: since there exists the OSCE, and it could take decades, perhaps, for the different states in the region to develop their own commitments, why not just expand the OSCE with stronger participation from the countries in the Middle East? He noted that the OSCE is looking at ways too expand its Mediterranean partners within the OSCE, using the partnership structure as a framework to deal with regional issues. Ambassador Kampelman proposed the extension of the existing 55-nation OSCE to include the current Mediterranean Partners, noting that the Helsinki Final Act included several references to Mediterranean states, dealing specifically with the “geographical, historical, cultural, economic, and political relationship between Europe and the Mediterranean.”  He stressed the value of providing Middle Eastern countries with a standard for human rights and democracy through becoming OSCE participating States and voluntarily accepting the considerable body of related Helsinki commitments. Minister Sharansky also supported extending the OSCE to the Middle East, arguing an analogous comparison between the lack of human rights in the region today and the repression of the Soviet regime during the Cold War.  Sharansky argued that just as the Helsinki process in the Cold War used the spotlight of world opinion to expose Soviet human rights violations and their treatment of political dissidents, a similar approach to human rights abuses in the Middle East which would be focused on specific dissidents and prisoners, as well as the linkage of military and economic aid to human rights issues, would work through the OSCE. Dr. Peter Jones contended that while the OSCE represents an appropriate model for a Middle Eastern regional security organization, he disagreed with Kampelman and Sharansky.  He argued that the OSCE should not be extended or replicated in the Middle East because the people and governments of the region need to have a significant stake in the establishment of a regional organization, and that stake would not exist in an organization brought in from abroad.  Jones emphasized the need to discuss the meaning of “democracy” and “secularism” given the regional cultural, historical, and political context, suggesting that if such discussions were ongoing, they could eventually result in some form of regional charter laying out the basic “norms of conduct” for governments and civil society in the region. Ambassador Dunkerley and Dr. Yaffe testified in the same vein as Dr. Jones, each emphasizing different points.  Dunkerley stressed that since organizations imposed from outside the region, or perceived to come from outside the region, would fail, reform must be perceived to be genuinely owned by the people of the Middle East.  Reform in the region, he said, is a long-term prospect and that it would involve both regional and bi-lateral relations.  He also emphasized, as Dr. Jones had, that developments in Iraq and the Palestinian issue would play an important role in the establishment of a regional security organization. Yaffe shared some of the insights he had gained from his previous work on regional security in the Middle East.  Yaffe argued against a broad regional organization because not all of the countries in the region are focused on the same issues.  In particular, he said, a pan-regional approach would mean that the Israeli-Palestinian issue would dominate the new organization’s agenda, perhaps at the expense of progress on less polemical issues. Besides a sub-regional approach, Dr. Yaffe also urged that bilateral programs tailored to support civil society and democracy in individual countries served as perhaps the best means to advance reform.  Finally, he suggested, as Jones and Dunkerley had, that “Middle East ownership” of the security and development process was extremely important.  The success of that process also depended, he added, on a comprehensive approach to other regional problems, such as the Israeli-Palestinian issue. In conclusion, Chairman Smith voiced concern about possible isolation of Israel within a strictly Middle Eastern organization.  Dr. Jones responded that Israel might be rhetorically isolated in a regional security system, but in terms of actual security concerns, would not.  Dunkerley added that if the Middle East were simply added to the OSCE in order to prevent Israel’s isolation, the Israeli-Palestinian question would bog down progress on other issues central to the work of the current OSCE, especially given the consensus rule.  Yaffe seconded those thoughts and emphasized that progress throughout the region depends on the ebb and flow of the peace process. An October 23, 2003, Commission briefing “Democracy and Human Rights in the Mediterranean Partner States of the OSCE: Algeria, Egypt, Israel, Jordan, Morocco and Tunisia” with presentations by experts from the Committee to Protect Journalists, Amnesty International and Human Rights Watch set the tone for future Commission efforts in the region. Expert panelists participating in the briefing were: Frank Smyth, Washington Representative for the Committee to Protect Journalists; Karen Hanrahan, Director of Advocacy for Middle East and North Africa, Amnesty International USA; and, Joe Stork, Washington Director for the Middle East and North Africa division of Human Rights Watch. Unfortunately the general outcome of the briefing was rather negative. Torture and ill treatment of detainees were described as serious problems within the Mediterranean Partners, as well as arbitrary detentions, lack of due process, and limits on religious practice. Such restrictions have been exacerbated in the name of anti-terror initiatives since the attacks of September 11. It was reported that unrest in the Mediterranean region, as well as repression, had given rise to an increase in human rights violations, with torture in varying degrees remaining a problem in all six countries. Journalists attempting to work in the region faced difficulties as well with several in jail. The briefing pointed out the stark reality that Mediterranean Partners are not  participating States of the OSCE and have not accepted the OSCE commitments. This picture had several present wondering if there could ever be a Helsinki process with governments so far from accepting basic human rights criteria. The Broader Middle East and North Africa (BMENA) initiative Coincidentally, two weeks after the Commission briefing on the Mediterranean Partner States, President Bush delivered what many consider a clarion call for reform in the Middle East in his November 6, 2003 speech on the 20th anniversary of the National Endowment for Democracy. Rejecting the common western cultural condescension of many who believe that democracy and representative government cannot succeed in Islamic Arab States, the President pointed out that champions of democracy in the region understand that while democracy is not perfect nor a path to utopia, it is the only path to national success and dignity.  After delineating the details of successful democracies, President Bush announced the United States had adopted a new policy, a forward strategy of freedom in the Middle East. This Greater Middle East Initiative, which has become the Broader Middle East and North Africa Initiative (BMENA) was at first viewed skeptically by the region and much of Europe. The initial practical application of the BMENA was to be the Forum for the Future which first met in December, 2004. European and OSCE Initiatives The European Union’s European Neighborhood Policy (ENP), announced on November 10, 2004, invites adjacent states of the EU to share peace, stability and prosperity, with the aim of creating a secure ring of friendly States around the borders of the newly enlarged EU.  Specifically, for the Mediterranean neighbors the ENP is to build on the 10-year experience of the Barcelona process, thereby continuing to emphasize economic integration and deepening political cooperation. Europeans have also accepted the June, 2004, G-8 summit declaration titled “Partnership for Progress and a Common Future with the Region of the Broader Middle East and North Africa” regarding the BMENA with commitments to pursue political, economic and social reform in the BMENA. The EU will support it on a dual track with the ENP.  The G-8 Forum for the Future, held in Rabat, Morocco, December 10-11, at the ministerial level, is the first step in the development of the BMENA. Previously, in October 2003, the Regional Security Charter Working Group met in Copenhagen to discuss a Draft Regional Security Charter for the Middle East. This experts group has convened periodically for several years under the direction of Dr. Peter Jones.  The Middle East is defined for purposes of this Charter as the States of the Arab League; the Islamic Republic of Iran; the State of Israel; and Turkey.  The Charter is an evolving document which is being developed on a Track 2, i.e. non-governmental, level for eventual consideration by the states involved. The OSCE Parliamentary Assembly on October 1, 2004, and the OSCE on November 18-19 held Mediterranean Seminars in Rhodes, Greece and Sharm El Shiekh, Egypt, respectively. The October 1 Parliamentary Forum, led by OSCE PA President and U.S. Helsinki Commissioner Rep. Alcee Hastings (D-FL),  focused primarily on combating terrorism in the Mediterranean, although economic security, trade and co-operation in the region were discussed by some speakers. Speakers included: Special Representative for the Mediterranean and recent-past OSCE PA President Bruce George, M.P.; OSCE Secretary General Jan Kubis, and Chairman of the OSCE Mediterranean Contact Group Janez Lenarcic.  Particularly poignant remarks were delivered by Dr. Thanos P. Dokos, Director of Studies at the Hellenic Foundation for European and Foreign Policy, Athens, and Mr. Sotiris Roussos, Lecturer, Institute of International Relations, Panteion University of Athens.  Both discussed the role of Islam in the region, Dokos from the historic perspective, Roussos the economic. In both cases cause for concern about radical Islam was shown to be well founded, yet Islamic States were shown, in the long term, to be necessary and acceptable.  And yes, each believed, democracy was the road these states need to follow in the future.  While some important points were presented, the seminar would have benefited by the broader participation of representatives of Mediterranean Partners. The well-attended Sharm El Shiekh seminar produced some very positive results for the future. There was a welcome addition of members of the civil society, including a senior Egyptian general and a female parliamentarian. As previously mentioned, Algeria suggested that the OSCE observe the January 9 Palestinian elections, a move that immediately gained widespread support. Not only would this help to insure a free election but could show the region how an organization like the OSCE might be a positive security structure.  Along the same vein, Ambassador Craig Dunkerley proposed linking OSCE conflict prevention and human dimension resources with regional institutions that are beginning to explore the development of civil society--such as the Cairo Institute for Human Rights Studies (CIHRS), Egyptian Organization for Human Rights, Association for Defending Rights and Freedoms (ADL), Palestinian Human Rights Organization (Rights)--reinforcing local efforts rather than superimposing European institutions. Most of the discussions concerned threats to security, confidence and security-building measures (CSBM) and migration. A key address from Mohamed Kadry Said of the Al-Ahram Center for Political and Strategic Studies, Cairo, laid out the current situation and where the region needs to head for security.  After describing the deterioration of mutual security in the region as the fault of both the northern and southern shores of the Mediterranean, he called for the Mediterranean Partners to redefine cooperation, threats and the Mediterranean, rejecting unilateral action in the meantime.  His emphasis on cooperation in the region, and the need for expanding the region’s security space to include Afghanistan and possibly beyond laid a basis to consider security architecture for the area.  He also described an evolving Arab-Islamic-Western-Global anti-terrorism perspective, which could be part of the basis for such architecture. Conclusion For more than a decade, the lack of and need for a regional security structure in the Middle East has been examined and discussed, primarily outside the region yet focused inward to the Arab states. Momentum toward such a framework seems to be gaining strength, both in the West through NATO, the G-8, EU, and OSCE and through the actions of certain governments willing to fund and act upon such initiatives.  Notably, regional civil society actors are engaged in Track 2, and regional governments are slowly being included in such discussions. Regarding BMENA and ENP, however, there may be room for concern.  This duality of mutual effort between the United States and the European Union potentially presents a cross-Atlantic confrontation, and not unlike the confusion of multiple regional approaches from the West in the past as cited by the representatives of Mediterranean Partners.  Since the goals of the BMENA are to bring about regional political and economic reformation versus the intent of the ENP, which is to build accommodation with existing regimes for economic and political stability, the two approaches are in conflict.  The Europeans and the Americans need to agree to some common standards regarding regional stability while encouraging political change.  At the same time, the governments of the region will need to strive to be flexible and perceptive enough for both initiatives.  The alternatives to such cooperation are either for little or no progress to be made, or for the competition in the region between the United States and the EU to become the Great Game of the 21st century. It is clear that there is much ongoing effort on which to build.  However, two points must be made concerning the situation today.  First, the West must be aware of the potential conflict between BMENA and ENP.  Second, regional governments must become the primary actors in their own interest. When discussions concerning the broader Middle East region take place in forums such as the OSCE, every effort must be made to significantly expand the number and role of speakers and attendees from the region. The day of talking at, instead of listening to, is passé.

  • Democratic Change in Ukraine Provides a Backdrop of Success at the 12th OSCE Ministerial

    By Elizabeth Pryor, Senior Advisor The twelfth Ministerial Council Meeting of the Organization for Security and Cooperation (OSCE) took place in Sofia, Bulgaria, December 6-7, 2004.  The United States Delegation was led by Secretary of State Colin Powell.  Rep. Alcee L. Hastings, who is a Helsinki Commissioner, headed the delegation of the OSCE Parliamentary Assembly in his role as President of that body.  Secretary Powell noted that the United States “bases its faith in the OSCE’s future not just on past successes, but on the significant contributions this pioneering organization is making today,” citing among other achievements the preparation of landmark elections in Georgia and Afghanistan. Congressman Hastings spoke of the important work of the Parliamentary Assembly in promoting democracy, in fighting terrorism and in election monitoring, and called for more OSCE involvement in the Caucasus and Central Asia.  He concluded:  “The OSCE has enormous potential to help Europe and the world to become places of peace, stability and co-operation….the world will be more dangerous without it.” During the meeting ministers strengthened their commitment to use the organization to fight terrorism, taking several decisions that make it more difficult for terrorists to operate in the region.  They also encouraged OSCE participating states to adopt measures to fight corruption, including ratification of the UN Convention against Corruption.  They underscored the important political role of the OSCE Secretary General, gave impetus to the implementation of earlier decisions on promotion of equal opportunity for women and men, and reiterated their commitment to combat racism, xenophobia and anti-Semitism. They also pushed for quicker and better implementation of OSCE methods of eliminating stockpiles of conventional armaments and ensuring proper export documents for small arms and light weapons. New agreements to protect child victims and more vigorous attention to penalizing sex tourists, and other individuals who prey on children, enhanced earlier OSCE actions to counter human trafficking.  Ministers also agreed to augment activities that would address economic instability, through the organization’s Economic Forum. In addition, ministers welcomed the intention of the OSCE Chairman to appoint three distinguished personal representatives to combat discrimination and promote tolerance. This decision stemmed from significant meetings during the previous years which registered OSCE concern at growing instances of intolerance, some of them acts of violence.  The Bulgarian chairmanship subsequently appointed Anastasia Crickley of Ireland as the special representative to combat racism, xenophobia and discrimination; Gert Weisskirchen of Germany as the special representative to combat anti-Semitism; and Ömür Orhun of Turkey to be special representative to combat intolerance and discrimination against Muslims.      The measures taken to reduce the ability of terrorists to function in the region are especially significant. Ministers pushed to complete an agreement on comprehensive and uniform standards for border security; new methods of information exchange about the use of the Internet by terrorists–including an international meeting by experts; strong coordination with other international organizations to ensure the security of shipping containers; and a harmonized method for relaying and compiling information on lost and stolen passports through Interpol.  If agreed within the next year, as ministers hope, and implemented vigorously, collectively these decisions can dramatically curb the ability of terrorists to move people and weapons easily and change identities without detection. Texts of all of the decisions can be found at www.osce.org. *   *   *   *   * Negotiation at Sofia was difficult.  A U.S. proposal to extend and augment the provisions of a June 2004 NATO anti-trafficking plan failed to be agreed.  A Russian-proposed text that would have changed the perimeters of OSCE election monitoring was also blocked. No joint statement of the ministers could be concluded.  An important decision to extend the mandate of the OSCE Border Monitoring Operation in Georgia was not agreed. In all of these negotiations, the Russian Federation was isolated, either in its demands, or in its refusal to join consensus. Secretary of State Powell and Russian Foreign Minister Sergei Lavrov openly disagreed in their interventions about the validity of OSCE operations in the former Soviet Union.  Secretary Powell took issue with Lavrov’s assertion that OSCE’s focus on the region was disproportionate, pointing out that the United States has used the organization to discuss its own difficulties, including the abuse of detainees in U.S. custody in Iraq.  There is a long history of such disagreements within the OSCE. One need only look at the negotiating record of the original Helsinki Accords to note the seemingly insurmountable gulf that existed in 1975. At that time negotiations were complicated by disputes between the West and the then-powerful neutral and non-aligned nations, as well as between East and West. Those talks took place in an atmosphere of a near-zero diplomatic interaction between many of the countries. Yet skillful negotiation and a larger vision won the day.  Over the years the Helsinki process has witnessed stand-offs over the status of fixed–wing aircraft in the negotiations on Conventional Armed Forces in Europe (CFE); over development of new standards for media freedom; on the creation of the field missions for which it is now so celebrated; on the division of roles in election monitoring and hundreds of other issues. Indeed, one of the hallmarks of the organization is that it assumes strong disagreement among the participating States. The glory of the OSCE is that it has not seen this as an obstacle to progress, but has always kept its dialogue open and lively and found creative ways to search for common ground.  Those debating today’s issues should find the successful negotiations of the past both encouraging and instructive. In the wake of Russian intransigence, a number of newspaper comments and internal accounts of the ministerial meeting have been unduly pessimistic, with some commentators even extrapolating about the near demise of the OSCE. The disappointment seems to center on the inability of the 55-nation organization to agree to the joint statement that traditionally concludes these meetings. The fate of the highly effective Border Monitoring Operation is of real concern and should be the object of concerted, expert diplomacy by all OSCE States.  But the vitality of the OSCE is not in question, and it is striking that such an array of senior observers has limited its definition of relevancy to an almost invisible statement, the kind that in today’s diplomatic world has decreasing impact or shelf-life.  Perhaps it would have been better if those in Sofia had agreed to a joint statement, but it is largely irrelevant that they did not. For, over the past few years, the OSCE has seen stunning proof of its true relevance:  the influence of its agreed standards of conduct and its continuing ability to inspire those who are courageous enough to fight for democracy and then make it stick. This year’s Sofia meeting was dominated by Ukraine’s remarkable democratic ferment.  In Sofia, negotiations took place against a backdrop of the Ukrainian people embracing systems of liberty and justice.  Just as evident was the ineffectiveness of the oligarchs, petty tyrants and reactionary ideologues who had tried to stifle this heady movement.  The excitement and optimism were palpable as the news reports – first of the crowds in Independence Square, then the courageous actions in the parliament and courts – came filtering into Sofia’s old communist Hall of Culture, itself a symbol of the OSCE’s ability to effect positive change. There is no doubt that the events of these historic weeks owed much to three decades of the OSCE’s tireless and patient work.  First, the Helsinki process eroded the bulwark of communism; then through its mission in Ukraine and its support of many valiant NGOs, it persistently promoted the rule of law and free processes over the false security of re-emergent authoritarianism.  If it all seemed a little familiar, it was because the 2003 Maastricht ministerial meeting was colored by a similar public demand for democracy in Georgia, also a product of OSCE’s influence and persistence. And, four years ago, we welcomed another electoral surprise as Serbia’s citizens demanded the right to a valid election and a future that they themselves would determine. All of these developments are very heartening.  They attest to the indomitable will of people everywhere to live in freedom and of the important way OSCE principles support them.  The continuing quest for democracy in Europe is the true measure of the OSCE’s success.  No anodyne statement, no “family photo” of beaming foreign ministers, could possibly illustrate the OSCE’s importance as have these real and hopeful events. That the OSCE remains the major player in promoting European unity and security is also apparent in the rhetoric of some leaders who want to sabotage its work.  Notable among them are Alexandr Lukashenko, the autocrat in Belarus, who openly resists fulfilling the commitments made freely by his country, and Sparmurat Niyazov, who holds Turkmenistan under dictatorial rule. Unfortunately, others are following in this path, Vladmir Putin among them.  These increasingly authoritarian leaders see that the high principles of the Helsinki Accords can motivate people to demand their rights and thus discourage selfish governmental policies and foreign adventurism.  They want to thwart OSCE influence precisely because it stands in the way of backsliding toward the uncontrolled exercise of personal power.  Ironically, their refusal to cooperate on OSCE policies that continue the forward momentum toward freedom only serve to point up just how successful the organization has become. As it moves to celebrate the 30th anniversary of the signing of the Helsinki Accords the OSCE has much to be proud of.  But it also has a great deal of work ahead of it.  The participating States of the organization must be certain that they continue to stabilize both borders and the democratic institutions of Georgia.  Unresolved conflicts continue to fester in Moldova and Nagorno-Karabakh, and the situation in Kosovo remains fragile and tense.  Human rights are jeopardized in much of Central Asia, with the OSCE often the lone voice in their defense.  Several states have crossed the line into totalitarianism.  Well-established democracies, including the United States, need to be eternally vigilant, lest we take our fundamental freedoms for granted and allow our high ideals to be eroded.  None of this is evidence of OSCE ineffectiveness, but of our continuing need for its guidance.  The process of promoting human rights is continual.  It is essential that the OSCE is there to remind us that we must never become complacent. Among the most important decisions the OSCE took at Sofia was the reassertion of the important political role of the organization’s Secretary General.  The Helsinki Commission hopes that this year, when a new Secretary General will be selected, participating States will choose a strong individual, a person of proven and inspirational leadership and managerial excellence.  OSCE ministers also chose to appoint a panel of eminent persons to advise on any directional adaptation that may help strengthen the organization.  Once again, members of the Helsinki Commission trust that people with innovative ideas and recent expertise will be chosen.  One fitting recommendation that could be made by the panel would be to call a review conference to evaluate the vitality of organizational structures and the commitment of its participating States.  There is a long tradition of this kind of self-assessment at the OSCE and such a move would be especially appropriate in the anniversary year.  It would also address the call made by several states to take a comprehensive look at the future work of the OSCE. All European institutions play important roles for ensuring the security of the region.  Yet, OSCE remains the most agile instrument for promoting our dearest and most enduring values.  It is not about quick fixes or flashy actions, but works slowly over the long term to create true stability and cooperation.  Other institutions may also help motivate nations to take a path compatible with democracy.  But only the OSCE has the inclusivity, the agreed values and the presence on the ground to get them over the finish line. Sofia a failure for lack of a joint communiqué?  No, not at all.  If you are looking for a “statement” of the OSCE’s vitality, read it in the faces on Independence Square in Kiev; in the recent history of Slovenia, its incoming Chairman; and in the fear with which it is regarded by those who would wield disproportionate power over their citizens.

  • Religious Freedom in Southeastern Europe

    By H. Knox Thames, CSCE Counsel While the free practice of religion is generally enjoyed in Southeastern Europe, problematic policies exist that run counter to commitments made when countries from the region joined the Organization for Security and Cooperation in Europe (OSCE). Issues range from discriminatory legal schemes denying small religious communities registration to harsh government actions against unpopular religious groups and their leaders. As will be discussed, having a legal mechanism for religious groups to achieve juridical personhood is important in ensuring religious freedom for all. Furthermore, this does not necessitate the creation of special religion laws, as legal status can be established through tax or corporation laws. Albanian and Bosnian Examples Despite shortcomings in other areas, Albania’s system for conferring registration and legal status to religious communities could serve as a model to others in the region. All religious groups with at least five members and meeting minimal criteria may obtain legal and non-profit status under the Law on Associations, the same status given to any applicant group, whether religious or secular. Albania’s neutral approach avoids the problematic entanglements of special religion laws common elsewhere in the region. Bosnia and Herzegovina missed an opportunity to lead by example, as many parts of its recently passed Law on Freedom of Religion and the Legal Position of Churches and Religious Communities are well constructed, explicitly protecting manifestations of religious belief while limiting the ability of the government to interfere in the internal affairs of a religious group. Unfortunately, the law also contains troubling provisions which include penalties against free speech while setting numerical thresholds for obtaining legal status. For unregistered groups to qualify for official status, they must meet a membership threshold of at least 300 citizens. The law could be brought into harmony with OSCE commitments, should the Bosnian parliament amend the law, either expunging or significantly reducing this numerical requirement. While there has been marked improvement in recent years, the lack of physical security for minority religious communities and their places of worship as well as ineffective law enforcement and judicial action remain real problems. Police and prosecutors in Bosnia and Herzegovina have proven slow or unwilling to protect minority groups in some areas. The answer is not a specially crafted religion law with novel criminal penalties, but better enforcement of current laws by police and determined prosecutions by authorities. OSCE Leadership: Bulgaria and Slovenia Despite Bulgaria’s status as OSCE Chairman-in-Office in 2004, religious freedom conditions took a turn for the worse when, in July, the authorities seized properties used by the alternative Bulgarian Orthodox synod for more than 10 years. The 2002 Law on Religions blatantly favors the Bulgarian Orthodox Church over the alternative Orthodox synod and other religious groups, thereby providing legal cover for the church seizures. While there is no numerical threshold for registration, the legal system established by the law appears open to manipulation and arbitrary decisions. Additionally, the sanctions available under the Law on Religions are also ambiguous yet far-reaching, potentially restricting a variety of religious freedom rights. It is not too late for Bulgarian authorities to erase this dark spot by immediately reinstating to the alternative synod full control of the seized properties until the courts settle the dispute. The overall situation for religious freedom is good in Slovenia, which became Chairman-in-Office of the OSCE on January 1, 2005. The registration system for religious communities is simple, and there are no numerical thresholds or formal requirements to overcome. While the small Muslim community in Ljubljana has experienced problems in obtaining permission to build a mosque, it appears the matter is being resolved. One city counselor successfully initiated a referendum in May opposing the zoning regulation change to allow the building of the mosque. However, the Constitutional Court found the referendum to be unconstitutional, thereby removing this hurdle to construction. It is hoped there will be no further bureaucratic delays, so construction can begin as Slovenia takes up the OSCE chairmanship. Law and Practice in Croatia and Macedonia While the freedom to practice religion is generally respected in Croatia, the Law on the Legal Status of Religious Communities passed in July 2002 falls short of OSCE commitments, establishing a discriminatory, tiered system of registration. For a new religious group to enjoy the rights and benefits available with the higher Religious Communities status, it must demonstrate a membership of at least 500 individuals and be registered under the lesser Religious Association status for five years. Benefits explicitly given to Religious Communities include: freedom to operate independently; capacity to determine their internal organization; freedom to conduct religious meetings in their own or leased space; tax exemptions; the right to establish schools; and ability to receive state funding. Considering Croatia’s candidacy for the European Union, current EU members France, the Netherlands, Italy, Germany, and Slovenia do not use membership thresholds in conferring registration. In addition to the excessive numerical threshold and the five-year prohibition on registering new groups as Religious Communities, the law declares that the name and insignia of a religious group may not contain the official names and insignia of other countries. Doing so will cause the denial of registration. In addition, it is unclear under the law whether Religious Communities or Associations may legally conduct meetings in private homes or apartments. To lessen the likelihood of problems in the future and to set a positive example for others, Croatia should correct these deficiencies, as well as eliminate or significantly reduce the 500-member threshold. The legal framework governing religious freedom in Macedonia is ambiguous, due to Constitutional Court decisions striking down provisions of the 1997 Law on Religious Communities and Religious Groups, such as the numerical threshold for registration. Since religious groups are required to register, the lack of a clear mechanism can be problematic. Adding to the confusion, the U.S. State Department reports that the remaining provisions of the religion law are not consistently applied, leading to arbitrary delays in granting registration. The government could easily close this gap by creating simple avenues to obtain equal status either through the civil or administrative code. In addition to these legal problems, concern exists about the situation surrounding Bishop Jovan (Zoran Vraniskovski). Macedonian officials, in response to the ecclesiastical dispute concerning the status of the Macedonian Orthodox Church, have over-reacted to Jovan’s activities on behalf of the Serbian Orthodox Church. Authorities in January 2004 arrested Jovan for conducting a church service in a private apartment. Responding to complaints of neighbors about disturbing the peace is appropriate, but sentencing him to 18 months in jail for “causing national, racial or religious hate, discord and intolerance” is excessive and unjustified. Escalating things further, police officials in October reportedly bulldozed the foundations of a new chapel Jovan’s followers had begun to build, allegedly because local authorities had not received permission to start construction. (There is also concern about reports the government intends to demolish another Serbian Orthodox Church established in the village of Luzani.) Those sympathetic to the larger issues surrounding the Macedonian Orthodox Church and its status should be among the first to defend the rights of others to participate in the church of their choosing. The government, at least, must exhibit more restraint and end these harassments, and also pay reparations for the destroyed buildings. Problematic Draft Laws Elsewhere The legal framework for Serbia remains uncertain, since the 1976 communist-era law was abandoned in 1993. A draft religion law circulated earlier this year contained numerous shortcomings, blatantly tilting the playing field in favor of seven “traditional” communities and establishing the numerical threshold of 1000 members for new groups to register. Despite improvements, the new draft micromanages the affairs of religious groups, while making contingent most of the rights and benefits available to religious communities on the meeting of the burdensome 1000-member threshold. For smaller groups, this will result in the serious limitation of their activities; the draft prohibits unregistered groups from renting or owning land for worship, using private apartments for meetings, holding public events, receiving donations or opening schools or orphanages. Registration can be revoked for vague and arbitrary reasons – if a group “destroys family” or “disrupts spiritual integrity . . . for the purpose of . . . spreading its doctrine.” The draft reaches into the internal affairs of religious groups, as all are “obliged” to “inspire understanding” of others and not “spread lies, prejudices or intolerance” against other faiths. In addition, local officials would be empowered to monitor how religious groups use voluntary contributions. Serbian authorities are urged to seek technical assistance and input from individuals on the OSCE Panel of Experts on Religious Freedom or Belief, just as their predecessors at the federal, Yugoslav level did roughly two years ago, in order to develop a new draft that comports with international norms and practice. Regarding other issues, a dispute over a Romani church in Leskovac will be resolved when municipal authorities fulfill a pledge to provide some of the land nearby for an alternative site. The State Department reports the Belgrade Islamic community continues to have problems obtaining land and government approval to open an Islamic cemetery. In addition, in response to the burning of two mosques in March, reports indicate that 12 people of the 100 plus arrested have been charged with criminal offenses, and news of convictions should be forthcoming. There is also concern about religious freedom in Kosovo, as reportedly only three individuals have been found guilty for their involvement in the March violence that resulted in the destruction or damage of 30 Serbian Orthodox Churches and monasteries. The two-year prison sentences issued were suspended, making the penalties nothing more than a slap on the wrist. In addition, recent legislative initiatives are troubling, as the latest draft of the Law on Religious Freedom and Legal Status of Religious Communities falls short of international standards. The drafting process has been closed to minority religious communities, as well. The comments of minority communities should be actively sought and fully considered during the public debate. Among its many problematic portions, the draft creates the preferential status of a Religious Community, while providing virtually no rights for the lesser Union of Natural Persons. Small or new groups are prevented from obtaining Religious Community status, as they must have 500 members and have been operating in Kosovo for at least five years, but it is unclear how that time is tolled. Only Religious Communities can publish materials, either in print or electronically, or obtain funds from voluntary contributions. The draft unduly limits speech and activities of all groups, stating they shall not “disrupt other religious communities, or citizens without religious convictions, in public manifestation of religion or other conviction.” The government may also select certain religious groups to participate in the Committee for Relations with Religious Communities, thereby giving favored faiths an inappropriate degree of oversight or veto over other religious groups. Lastly, for existing Religious Communities, the law would make rights contingent on reregistering successfully within six months of passage. There is growing concern by reports coming out of Romania regarding a new draft religion law being reviewed by a parliamentary subcommittee. Reliable sources indicate this legislation is based on the highly flawed 1999 draft, which set the numerical threshold for registration at 0.5% of Romania’s population, or over 100,000 people. If reports are true, it is deeply concerning that the parliament would resurrect this seriously problematic bill rather than starting afresh and incorporating the views of interested Romanian religious communities. The OSCE Panel of Experts would be willing to provide technical assistance if invited by the government, and such a gesture would help ensure the legislation upholds all OSCE commitments on religious freedom.

  • Helsinki Commission, House Armed Services Committee Examine Trafficking in Persons

    On September 21, 2004, the Commission on Security and Cooperation in Europe (Helsinki Commission) and the House Armed Services Committee (HASC) held a joint Issue Forum entitled “Enforcing U.S. Policies Against Trafficking in Persons: How is the U.S. Military Doing?” The Issue Forum examined the Department of Defense’s (DoD) implementation of a zero-tolerance policy toward human trafficking, the role of uniformed Service members and contractors in facilitating trafficking, as well as leadership and readiness issues. The Forum was co-chaired by Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Armed Services Committee Chairman Rep. Duncan Hunter (R-CA). Helsinki Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) and Commissioners Senator Hillary Rodham Clinton (D-NY) and Rep. Mike McIntyre (D-NC) attended the forum, as well as several members of the Armed Services Committee. Briefing on behalf of the Administration were Charles S. Abell, Principal Deputy Under Secretary of Defense for Personnel and Readiness; General Leon J. LaPorte, Commander of United States Forces Korea; Joseph E. Schmitz, Inspector General for the Department of Defense; and Ambassador John R. Miller, Director of the Office to Monitor and Combat Trafficking in Persons at the U.S. Department of State. A panel of non-governmental witnesses consisted of Dr. Sarah Mendelson, a Senior Fellow in the Russia and Eurasia Program at the Center for Strategic and International Studies; and Martina E. Vandenberg, an attorney with Jenner and Block and a former researcher for Human Rights Watch. Congressional attention to the military’s role in addressing trafficking ignited in March 2002 when Cleveland, Ohio Fox News affiliate WJW-TV aired a report showing U.S. troops in South Korea patronizing bars and other establishments where women from the Philippines and former Soviet states were forced to prostitute themselves. Members of Congress called for the Pentagon to investigate the veracity of the allegations as well as the appropriateness of the U.S. military's policies and response to prostitution and human trafficking worldwide. DoD Inspector General Joseph E. Schmitz subsequently conducted inspections in South Korea, Bosnia and Herzegovina, and Kosovo and issued two reports, in July 2003 and December 2003, respectively, which identified institutional weaknesses in the U.S. military’s understanding and response to the crime of human trafficking and made concrete recommendations for action. In his opening remarks, Chairman Smith noted that while the coexistence of prostitution alongside large populations of military forces is neither a new problem, nor a uniquely American problem, in recent years numerous sources have documented that in certain locations, such as South Korea and Southeastern Europe, women and girls are being forced into prostitution for a clientele consisting largely of military service members, government contractors, and international peacekeepers. According to Smith, “the need for a strategy to prevent the emergence of prostitution and human trafficking in post-conflict areas is made abundantly clear by the experiences in Bosnia-Herzegovina and Kosovo, [where] prostitution and human trafficking were allowed to develop and thrive due to the arrival of large numbers of multi-national personnel involved in post-conflict reconstruction and peacekeeping.” In both places, peacekeepers involved with trafficking have faced mere repatriation as a sanction for their unlawful actions. “We need to close the legal loopholes that allow this to happen,” said Smith. The Department of Defense’s obligation to address human trafficking originated with the issuance of a National Security Presidential Directive (NSPD-22) by President George W. Bush in December 2002. NSPD-22 established a zero-tolerance policy on involvement in trafficking activities by U.S. Government employees and contractor personnel representing the United States abroad. In January 2004, Deputy Secretary of Defense Paul Wolfowitz issued an internal memorandum which stated, in pertinent part: [I]t is the policy of the Department of Defense that trafficking in persons will not be facilitated in any way by the activities of our Service members, civilian employees, indirect hires, or DoD contract personnel. Following the policy set by the Commander-in-Chief, DoD opposes prostitution and any related activities that may contribute to the phenomenon of trafficking in persons as inherently harmful and dehumanizing. The policy statement outlined objectives of DoD efforts to combat trafficking in persons, including (1) educating Service members and DoD civilians serving overseas about human trafficking; (2) increasing efforts by command and military police authorities worldwide to pursue indicators of trafficking in persons in commercial establishments patronized by DoD personnel; (3) incorporating clauses in overseas service contracts that prohibit contractor employees from supporting or promoting trafficking in persons; and (4) developing a method for evaluating DoD’s efforts to combat trafficking in persons. On September 16, 2004, Secretary of Defense Donald Rumsfeld issued additional guidance to military leaders indicating that he expects the problem of trafficking—both sex and labor trafficking—to be addressed. Rumsfeld’s memorandum placed greater emphasis on the problem of labor trafficking than had the earlier memorandum from Deputy Secretary Wolfowitz. In particular, Rumsfeld indicated that “Commanders need to be vigilant to the terms and conditions of employment for individuals employed by DoD contractors. . . . Trafficking includes involuntary servitude and bondage. These trafficking practices will not be tolerated in DoD contractor organizations or their subcontractors in supporting DoD operations.” Ambassador John R. Miller, Director of the State Department’s Office to Monitor and Combat Trafficking in Persons, opened the testimony at the Issue Forum by describing trafficking, inter alia, as a national security challenge which “relates to the task facing our military because they are trying to create secure, stable situations in several countries.” Miller explained that the demand for sex trafficking “is created by the so-called customers” and stated that “historically, when you have national forces going from one country to another this leads to increased prostitution and increased trafficking in the number of slave victims.” Miller emphasized the need to educate people who might patronize prostitutes that, according to research, “most of the people they are ‘patronizing’ are likely to be victims of trafficking: raped, assaulted, abused, waiting to escape.” Coordinating DoD’s anti-trafficking initiatives is currently the responsibility of Charles Abell. At the Forum, Abell described DoD’s zero-tolerance policy as “a policy of command responsibility to recognize, prevent, and to assist local law enforcement when it comes to trafficking in persons in any way, shape or form.” According to Abell, DoD’s anti-trafficking training program for Service members, DoD civilian personnel and contractors would be put into operation by November 1, 2004. An online version will be available by January 2005. Commissioner Cardin asked for clarification of the meaning of the “zero-tolerance” policy, given that U.S. troops are often stationed in countries with legalized prostitution. He also expressed skepticism that troops could distinguish between prostitution and trafficking. Mr. Abell responded that the zero-tolerance policy included prostitution and trafficking, and that those caught patronizing prostitution or otherwise supporting sex or labor trafficking would be held accountable. He noted that an amendment to the Uniform Code of Military Justice (UCMJ) has been proposed that would clarify the legal basis upon which a Service member can be prosecuted, under the UCMJ, for patronizing a prostitute. The proposed amendment was placed in the Federal Register on September 15, 2004. DoD Inspector General Schmitz’ testimony did not focus on the details of his human trafficking assessment reports in South Korea and Southeastern Europe. Rather he noted the tools available for combating trafficking within the DoD and the lessons learned in the course of his assessments. Among those lessons, according to Schmitz, is that “among the root causes of the recent resurgence of human trafficking, aside from the obvious profit motive of organized criminals is a general reluctance of leaders at all levels to promulgate and to enforce principle-based standards for subordinates who create the demand for prostitution, generally, and for sex slavery, specifically.” General Leon J. LaPorte, Commander of United States Forces Korea (USFK), testified that subsequent to the Fox News affiliate’s report and the Inspector General’s investigations, United States Forces Korea had adopted a “zero tolerance” approach to human trafficking which applies to the approximately 33,000 Soldiers, Sailors, Airmen, Marines and 5,000 Department of Defense civilians and contract employees currently serving in South Korea. The South Korean Government estimates that the commercial sex industry in South Korea is worth $22 billion per year and involves an estimated 330,000 women—10,000 of whom are foreigners. General LaPorte described an anti-trafficking strategy of “awareness, identification, reduction, along with continued interaction with the Korean Government and law enforcement agencies.” DoD personnel are briefed about the crime of human trafficking and the zero-tolerance policy upon arriving in South Korea and during subsequent leadership schools and training events. Armed forces radio and television stations in Korea also air public service announcements to inform U.S. personnel about USFK’s anti-trafficking policies. Since January 2003, more than 400 Service members in Korea have been prosecuted or otherwise disciplined for solicitation and related offenses such as curfew violations and trespassing in posted off-limits areas. USFK’s other initiatives include a 24-hour hotline operating in tandem with the Korean national police hotline and a women’s crisis center to receive reports of suspected prostitution or human trafficking activities. Other efforts include a renewed focus on providing alternatives to off-post entertainment areas near U.S. military facilities, such as high-speed Internet and cable access to military barracks and a volunteer program within the local community. LaPorte explained an improved process for identifying establishments that are suspected of complacency in prostitution and human trafficking, and their subsequently being declared off limits to U.S. personnel. More than 600 bars, restaurants and clubs have been placed off limits. Offending business owners are subject to specific and extensive corrective actions in order to regain patronage of USFK personnel or their family members. Significantly, LaPorte testified that the uniformed personnel who patrol nightly in the districts associated with U.S. military facilities in Korea have been trained to identify indicators of prostitution and trafficking and are now directed to report suspicious activities. Such training was initiated in response to the 2002 WJW-TV report which captured on video uniformed soldiers on “courtesy patrols” who spoke nonchalantly of foreign women forced to work or prostitute themselves in local establishments. The soldiers advised the undercover reporter on negotiating for sex in such establishments and gave no indication that they felt obliged to report the presence or activities of these women to their chain of command. Opening the second panel, Dr. Sarah Mendelson acknowledged that adoption of an anti-trafficking policy for DoD is potentially an important step in addressing the involvement of uniformed Service members and civilian contractors with trafficking. Her testimony, however, focused on potential difficulties implementing this policy based on the findings of her research on the trafficking of women and girls to the Balkans and the role of international peacekeepers. A research report by Mendelson will be published in early 2005. According to Dr. Mendelson, “many uniformed Service members, civilian contractors, as well as civil servants, tend to deny the links between trafficking and peacekeeping deployments, fail to understand the security implications of human rights abuse and support of organized crime, and tend to conflate trafficking with legalized prostitution.” Citing several specific examples, Mendelson indicated that the lack of awareness and misperceptions about trafficking are so widespread as to inhibit effective implementation of the zero-tolerance policy. Mendelson recommended that DoD allocate “significantly more resources, organization and leadership” in order to effectively change the pervasive attitudes and an organizational culture which fail to recognize trafficking in persons for sexual or labor exploitation as relevant to the military. She specifically recommended that DoD’s efforts to combat human trafficking be centralized in one office directed by a Deputy Assistant Secretary of Defense. She recommended further that Secretary Rumsfeld appoint a panel of external advisers to assist DoD in implementing its anti-trafficking policies and that DoD conduct a comprehensive awareness campaign on the issue of human trafficking. Ms. Vandenberg’s testimony drew on a report that she wrote for Human Rights Watch in 2002, entitled “Hopes Betrayed: Trafficking in Women and Girls to Post-Conflict Bosnia and Herzegovina for Forced Prostitution.” At that time there were eight documented cases of U.S. Government contractors implicated in human trafficking—four of whom were DoD contractors. Vandenberg suggested that there are likely more cases, but that because investigators have not been trained or instructed to investigate trafficking offenses, many instances have likely gone undocumented. Human Rights Watch did not find evidence of U.S. Service members involved in trafficking-related activities in Bosnia. Ms. Vandenberg noted numerous concerns with DoD’s implementation of NSPD-22, including that “there is still no contractor accountability . . . the Department of Defense has not yet incorporated a condition into existing contracts permitting termination of grants if the contractor engages in trafficking,” as required by the Trafficking Victims Protection Act of 2003. She also noted the absence of evaluation programs and benchmarks to measure adherence to the zero-tolerance policy. While praising the policy statements made by Secretary Rumsfeld and Deputy Secretary Wolfowitz regarding trafficking, Ms. Vandenberg concluded that “DoD’s actions at this point do not match this ambitious rhetoric.” The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Europe's Largest Annual Human Dimension Meeting Closes With Appeal from NGOs

    By Erika Schlager CSCE Counsel on International Law From October 4-15, 2004, the participating States of the Organization for Security and Cooperation in Europe met in Warsaw, Poland, for a Human Dimension Implementation Meeting.  Each year, the OSCE convenes a forum to discuss the participating States’ compliance with the full range of their OSCE human dimension commitments agreed on the basis of consensus. The United States Delegation was headed by Larry C. Napper, former Ambassador to Kazakhstan and Latvia.  He was joined by Ambassador Stephan M. Minikes, Head of the U.S. Mission to the OSCE; Ambassador Michael G. Kozak, Acting Assistant Secretary of State for Democracy, Human Rights and Labor; Ambassador Edward O'Donnell, Department of State Special Envoy for Holocaust Issues; J. Kelly Ryan, Deputy Assistant Secretary of State for Population, Refugees and Migration; and Matthew Waxman, Deputy Assistant Secretary of Defense for Detainee Affairs.  Members of the staff of the Commission on Security and Cooperation in Europe also participated in the delegation. In the tradition of engaging accomplished individuals from the private sector with human rights expertise, the U.S. Delegation included several public members:  Gavin Helf and Catherine Fitzpatrick, both experts on the countries of the former Soviet Union; Frederick M. Lawrence, Anti-Defamation League; and Mark B. Levin, Executive Director, NCSJ: Advocates on behalf of Jews in Russia, Ukraine, the Baltic States & Eurasia. Broad Range of Issues Reviewed During the first week of the meeting, formal sessions were devoted to a review of the implementation by participating States of the full range of their human rights and fundamental freedom commitments.  During the second week, three days were devoted to topics chosen by the Chair-in-Office, in consultation with the participating States.  This year, the special topics were: the promotion of tolerance and non-discrimination (following up on extra-ordinary conferences held earlier this year on anti-Semitism and on racism, xenophobia and discrimination); freedom of assembly and association; and “complementarity and co-operation between international organizations in promoting human rights.” At the meeting’s mid-way plenary session, the United States expressed particular concern about the deteriorating situation in Turkmenistan.  In 2003, ten OSCE participating States took the unusual step of invoking the "Moscow Mechanism" for the first time in a decade.  They were prompted to do so after Turkmenistan authorities reacted to an attack on President Saparmurat Niyazov's motorcade on November 25, 2002, with a widespread human rights crackdown marked by torture, disappearances, and an escalation of Stalin-era practices.  Turkmenistan refused to cooperate with the mission established under the mechanism and, in 2004, refused to renew the accreditation of the Head of the OSCE Office in Ashgabat, Parachiva Badescu.  Although Turkmenistan again declined to send representatives to participate in the HDIM, the United States argued to the participating States that sustained OSCE engagement on these matters is necessary to counter Turkmenistan’s increasing self-isolation. "Why is it that only the United States helps democracy in Belarus?  Where is Europe?" --Human rights activist from Belarus The need to protect human rights while countering terrorism was a strong theme throughout this year’s meeting.  In addition, the deteriorating situation for human rights defenders in much of the former Soviet region, concern about the elections in Belarus and Ukraine, the failure to implement meaningful reforms in Uzbekistan, and the plight of refugees and internally displaced persons, including Roma from Kosovo, were other issues raised.  In the second week session devoted to tolerance, the United States argued that the Chair-in-Office should appoint two personal representatives to address the problems of anti-Semitism as well as racism, xenophobia, and discrimination. As at past human dimension meetings and meetings of the OSCE Permanent Council, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among other OSCE participating States. At present, the only other OSCE countries that still officially apply the death penalty are Belarus and Uzbekistan. A U.S.-based nongovernmental organization repeatedly criticized the United States for failing to provide citizens of the District of Columbia the right to voting representation in the Congress.  Belarus issued even more sweeping criticism of U.S. electoral practices. Coming just days before Belarusian elections that the OSCE Election Observation Mission subsequently concluded “fell significantly short of OSCE commitments,” the rebuke by Belarus appeared to be a cynical move to preempt or deflect criticism of its own shortcomings. The abuse of prisoners at Abu Ghraib was condemned by both governmental and non-governmental speakers.  In addition, some participants criticized the United States for the use of military commissions to try alleged terrorists and for a 2002 Department of Justice memorandum that outlined legal defenses and loopholes that might be used to evade statutory and international legal prohibition against torture. Side Events Add Substance One of the striking features of this year’s meeting was the significant increase in the quality and quantity of side events held in conjunction with the formal sessions.  Side events may be organized at the site of the meeting by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States.  They augment the implementation review by providing an opportunity to examine specific subjects or countries in greater depth.  Like the “corridor” discussions and informal meetings that are part and parcel of any OSCE meeting, side events are also a vehicle for discussing and promoting OSCE action or decisions.  In some instances, side events have presaged the deeper engagement of the OSCE participating States with a particular subject – for example, side events organized by non-governmental organizations on the problem of hate propaganda on the Internet prompted a more in-depth focus on this issue at an OSCE meeting hosted by France earlier this year.   Side events can also help fill gaps in the implementation review process. This year, in the aftermath of the Beslan tragedy, most governments were reluctant to raise the problem of human rights violations in Chechnya.  Nongovernmental groups, however, organized a side event to provide a forum to focus on these issues.  They argued that, while the problems in Chechnya may seem intractable, human rights abuses do diminish when they are raised with the Russian Government. In an effort to respond to concerns about detainee abuse, the United States organized a side event on the subject of detainee issues.  Department of Defense Deputy Assistant Secretary Matthew Waxman, head of a newly-created DOD office for detainee affairs, discussed steps taken by the United States to address the abuse of detainees at Abu Ghraib and elsewhere and to prevent such incidents from reoccurring.  The event was open to all participants in the HDIM and, following the presentation of his remarks, Waxman opened the floor for questions. Azerbaijani officials prevented one human rights defender and religious freedom activist from attending the Warsaw meeting.  On October 6, authorities at the Baku airport blocked Imam Ilgar Ibrahimoglu from boarding his Warsaw-bound flight.   Ibrahimoglu was set to attend the HDIM session on religious freedom and speak out against the forcible seizure of his congregation’s mosque earlier this year.  (Similarly, two Kazakhstani human rights activists, Amirzahan Kosanov and Ermurai Bapi, were prohibited from leaving their country last year in an apparent attempt to prevent them from participating in the HDIM.)  On a more positive note, the meeting may have contributed to a favorable decision by the Armenian Government to approve a long-standing application by Jehovah’s Witnesses to be officially registered as a religious organization.  During the meeting, the U.S. House of Representatives and the United States Senate passed the Belarus Democracy Act (on October 4 and 7 respectively). NGOs Rebut “Astana Declaration” At the closing session of the HDIM, 106 human rights advocates from 16 countries presented a declaration countering criticism by several former Soviet states of the OSCE’s human rights work.  (On July 3, 2004, nine OSCE countries – Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russian Federation, Tajikistan, Ukraine and Uzbekistan – issued a statement criticizing the human dimension activities of the OSCE.  A subsequent document signed in Astana, Kazakhstan by eight of the above signatories claimed that there are double standards in fulfillment of OSCE commitments concerning democracy and human rights.)  An NGO spokesperson also urged the OSCE participating States to continue to focus on the issue of freedom of assembly. "The most important principle of international affairs ingrained in international legal documents--'respect for human rights is not an internal affair of a state'--must remain unshakable and must be defended." -- Statement signed by human rights advocates and presented at the closing session of the 2004 OSCE Human Dimension Implementation Meeting In a press release issued on October 14, 2004, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) welcomed the NGO declaration.  “While many of the men and women who signed this document engage in human rights advocacy at considerable personal sacrifice and risk, they have clearly stated – in their words – their ‘categorical disagreement with the negative evaluation of OSCE activity.’” This year’s HDIM drew record attendance by 220 nongovernmental organizations from across the region.  This is the only multinational human rights meeting in Europe where non-governmental organization representatives and government representatives may speak with equal status. As at past meetings, the United States held extensive bilateral meetings with government representatives.  In many instances, the focus and scope of those meetings reflected the presence of experts from capital cities.  Additional meetings were held with OSCE officials and representatives of nongovernmental organizations.  In the second week of the HDIM, Human Rights Directors from the OSCE countries also held a working meeting to discuss issues of mutual concern. Looking Ahead With a view to the 2005 calendar of human dimension activities, the United States suggested that there are several subjects that deserve focused attention next year.  These include: migration and integration; protection of religious freedom in the fight against terrorism; the challenges of new election technologies, such as electronic voting; and the role of defense lawyers.  The United States also welcomed the Spanish offer to host a follow-up event on tolerance next year in Cordoba and recommended that next year’s HDIM should include another special topic day on the fight against anti-Semitism, racism, xenophobia and discrimination.  The United States proposed that at least one of the Supplementary Human Dimension Implementation Meetings next year be held outside of Vienna, in order to make the meeting more dynamic and allow participants to take part who might not normally be able to travel to Vienna.  (Since 1999, three Supplementary Human Dimension Meetings have been held each year.  Existing modalities allow for them to be convened in various locations but, so far, all have been held in Vienna.) During the closing session, the Dutch Delegation, on behalf of the 25 European Union member states and four candidate countries, noted that there had been insufficient time to address the agenda items during the first week of the HDIM and, during the second week, more time than some subjects warranted.  For example, there was insufficient time to accommodate all those who wished to take the floor during the discussion of national minorities and Roma; the session on freedom of speech and expression was held to standing-room capacity.  By contrast, the session mandated to discuss the OSCE’s “project work” closed early – as it has every year since the subject first appeared on the meeting agenda – when the speakers’ list was exhausted before the end of the allotted time.  Office for Democratic Institutions and Human Rights (ODIHR) Director Christian Strohal agreed that "we should adapt our time management." Changes might also, conceivably, be made to the process of compiling a summary of the “recommendations” made at the meeting, a process that grew out of a desire to have a more substantive record of the meeting (in addition to the little-known but publicly available Journals of the Day).  In fact, these summaries have generally turned out to be an unsatisfactory product, notwithstanding the considerable effort of those tasked with producing them.  By definition, summaries must leave a great deal out, and both governments and nongovernmental organizations have complained when their particular recommendations are among those omitted.  Moreover, the summary of recommendations is usually scrubbed of any country-specific recommendations, leaving only anodyne boilerplate language.  In its opening statement at this year’s HDIM, the Netherlands, on behalf of the European Union and four candidate countries, argued that the process of compiling ever longer recommendations had become “non-productive and counter-productive.” At this year’s meeting, the ODIHR launched a highly effective new documents distribution system.  Through a bank of computers on site, participants were able to print copies of any document submitted for circulation.  (This replaced a paper system of distributing all copies of all statements to all participants.)  Moreover, this system allowed participants to email any document, making targeted distribution much more efficient and environmentally friendly.  With the full texts of interventions and additional written material so easily available, the rationale for creating a written summary of recommendations for the benefit of those who were not able to attend the meeting is less compelling. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Helsinki Commission Staff Observe Farcical Belarus Elections

    By Orest S. Deychakiwsky and Ronald J. McNamara CSCE Staff On October 17, Belarus held fundamentally flawed parliamentary elections and a referendum allowing Belarusian dictator Aleksandr Lukashenka unlimited terms as president.  Lukashenka’s current “term” expires in 2006.  The rigged referendum certainly did nothing to legitimize Lukashenka's now ten-year repressive rule.  Likewise, the new National Assembly will lack legitimacy because of the fundamentally flawed nature of these elections. The entire electoral process from beginning to end was marred by abuses, including a profound lack of a level playing field especially with respect to media access, an intimidating electoral environment, arbitrary candidate de-registration, breaches in pre-electoral early voting, and serious misconduct in balloting and the count. Not one opposition candidate officially won a seat to the 110-member National Assembly, the Belarusian parliament.  The handful of independent-minded parliamentarians from the previous National Assembly will be replaced by Lukashenka loyalists, eliminating even that modest reformist element.  While the official results of the referendum asserted that the measure had passed with 77 percent of the vote, an independent Gallup Organization exit poll indicated only 48.4 percent support.     The OSCE International Election Observation Mission (IEOM) consisted of nearly 300 election observers.  Helsinki Commission staff members were part of the OSCE Parliamentary Assembly component of the OSCE effort, observing balloting in the Minsk , Mogilev and Gomel oblasts.  The IEOM concluded that Belarus ’ elections fell significantly short of OSCE commitments for democratic elections and that “the Belarusian authorities failed to ensure the fundamental conditions necessary for the will of the people to serve as a basis for authority of government.” The United States , with other Western nations and institutions concurring, expressed dismay over the systematic, egregious violations of numerous OSCE commitments in the lead up to and during the elections.  On October 21, Ambassador of the U.S. Mission to the OSCE Stephan M. Minikes stated: “In light of the damning reports from the OSCE IEOM, of the OSCE Representative on Freedom of the Media, and of independent domestic and international NGOs about the intimidating electoral environment, the deficient and abusively implemented legal electoral framework and misconduct during actual voting and vote counting, the Government of Belarus has called into question its own democratic authority and legitimacy and that of its constitution.” The international media slammed the referendum and elections.  On October 19, The New York Times called the elections a “sham” while The Washington Post titled its lead editorial “The Rape of Belarus.”  Not surprisingly, only the contingent of observers from the “Commonwealth of Independent States,” a dubious group yet to issue a critical assessment of an election in a member state, gave its ringing endorsement of the elections. Commission observers concluded that the regime's domination over the media and constant assault on the independent press together with the authorities’ near-total control of all facets of the electoral apparatus resulted in a referendum and parliamentary election that were neither free nor fair.  There was a stark absence of any kind of a level playing field and a profound lack of transparency in the electoral process.  The Government of Belarus has repeatedly failed to address the four OSCE criteria for free and fair elections in Belarus established more than four years ago.  It was evident throughout the electoral period that a chilling climate of fear remains in Belarus . Commission staff were particularly struck by the extent of the domination and shameless bias of state-run news media, especially Belarusian Television One which, in its post-referendum coverage, evoked pre-glasnost, Soviet-era television in addition to other forms of agitation and propaganda.  The struggling independent media has faced escalating pressures. The courage, determination and resourcefulness of the independent media, as well as that of NGOs and the democratic opposition was impressive.  Each persists in providing alternative viewpoints and perspectives in the face of overwhelming odds.  Lukashenka’s crackdown has swept other independent institutions, such as schools and independent trade unions.  Last month, for instance, a U.N. International Labor Organization (ILO) Commission of Inquiry report found evidence of severe workers’ rights violations in Belarus . It did not take long for Lukashenka’s true colors to re-emerge following his referendum “victory.”  Commission staff observed approximately 2,000 people peacefully protesting against the falsified referendum results the day after the October 17 vote.  Security forces showed restraint, perhaps because of the presence of international media and observers.  However, during an October 19 demonstration, security forces viciously beat United Civic Party leader Anatoly Lebedka, causing him to be hospitalized.  Some 40 individuals were beaten, arrested and detained for peacefully protesting the “official results” of the elections and referendum.  Both Commission Chairman Rep. Christopher H. Smith (R-NJ) and Co-Chairman Senator Ben Nighthorse Campbell (R-CO), who met with Lebedka on several occasions in Washington and in Europe during meetings of the OSCE Parliamentary Assembly, condemned the violence. “The violence perpetrated by the authorities only serves to further expose the nature of Lukashenka’s dictatorial regime,” said Chairman Smith.  “One would think that with his referendum ‘victory,’ Lukashenka would have enough confidence to allow peaceful expression of views without resorting to brutal force,” added Co-Chairman Campbell. The farcical October 17 elections underscore the importance of the Belarus Democracy Act, with its strong commitment to democracy, human rights and rule of law in Belarus. The Belarus Democracy Act Despite the widespread belief both within and outside Belarus that the passage of the Belarus Democracy Act was linked with the referendum, it was actually the result of the exigencies of the congressional calendar, as the 108th Congress moved toward adjournment.  The Belarus Democracy Act (BDA), sponsored by Chairman Smith, unanimously passed the House of Representatives on October 4 and the United States Senate on October 6.  The original measure was introduced in the Senate by Co-Chairman Campbell. Passage of the BDA provoked harsh reaction from Minsk.  Lukashenka derided Members of Congress as “dumb asses” for passing the bill.  The Belarusian Foreign Ministry resorted to worn-out accusations of “interference in internal affairs.” On October 21, President George W. Bush signed the BDA into law stating, “At a time when freedom is advancing around the world, Aleksandr Lukashenka and his government are turning Belarus into a regime of repression in the heart of Europe, its government isolated from its neighbors and its people isolated from each other.” “The Belarus Democracy Act will help us support those within Belarus who are working toward democracy,” Bush added.  “We welcome this legislation as a means to bolster friends of freedom and to nurture the growth of democratic values, habits, and institutions within Belarus.  The fate of Belarus will rest not with a dictator, but with the students, trade unionists, civic and religious leaders, journalists, and all citizens of Belarus claiming freedom for their nation.” The BDA promotes democratic development, human rights and the rule of law in Belarus, and encourages the consolidation and strengthening of Belarus’ sovereignty and independence.  The bill authorizes assistance for democracy-building activities such as support for non-governmental organizations, independent media – including radio broadcasting into Belarus – and international exchanges. The BDA also encourages free and fair parliamentary elections; supports imposition of sanctions on Lukashenka’s regime; and requires reports from the president concerning the sale or delivery of weapons or weapons-related technologies from Belarus to rogue states and reports on Lukashenka’s personal wealth and assets as well as those of other senior Belarusian leaders. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.  

  • Briefing Surveys Human Rights of Russia's Roma Population

    By Erika Schlager CSCE Counsel on International Law On September 23, 2004, the United States Helsinki Commission held a briefing on “The Roma in Russia.”  Panelists included Dimitrina Petrova, Executive Director, European Roma Rights Center; Alexander Torokhov, Director, Roma Ural; and Leonid Raihman, a consultant for the Open Society Institute specializing in minority issues in the former Soviet Union. Elizabeth Pryor, Senior Advisor to the Helsinki Commission, moderated the briefing.  She noted the Commission’s long engagement regarding the human rights problems faced by Roma as well as the overall human rights situation in Russia.  Highlighting the need to examine the particular situation of Roma in Russia, she observed that since Roma “constitute a relatively small part of the Russian population, their plight is often overlooked.” Dr. Petrova noted that, for the 2002 Russian census, approximately 182,000 individuals identified themselves as Romani.  Unofficial estimates, however, suggest that the number of Roma in Russia is much higher; a figure often cited is 1.2 million.  She argued that the fate of Roma in Russia is emblematic of the racism, xenophobia, and discrimination faced by other ethnic minorities in Russia, particularly Jews and people from the Caucasus region. In a comprehensive statement, Dr. Petrova outlined nine key areas of concern:  historical and social discrimination against Roma; the legal and institutional context of anti-discrimination legislation; the current political and ideological climate in Russia; the abuse of Roma rights by state actors (primarily the police); the abuse of Roma rights by non-state actors; discrimination in the criminal justice system; the portrayal of Roma in the Russian media; the lack of personal documents; and access to housing and education.  The main focus of Dr. Petrova’s statement concerned abuse by both state and non-state actors.  The main impetus of anti-Roma abuse in Russia is related directly to the ideological “war on drugs.”  People of Roma descent are targeted through racial profiling and various media outlets as illegal drug dealers and are subject to frequent police raids.  The “war on drugs” has also become an excuse for police brutality and racial targeting in which police plant drugs on the Roma or in their homes and then arrest them for the possession of illegal substances. Dr. Petrova ended her statement with a call for the United States Government “to play a leadership role and use its economic and political weight to help improve the position of Roma in Russia and address the human rights problems of Roma in Russia as a matter of urgency and as a primary concern in combating racial discrimination.”  She asked human rights monitoring agencies both in the United States and in Europe to prioritize Roma rights in Russia and to draw the Russian Government’s attention to Roma issues that are currently not being addressed. Dr. Torkohov, representing the Ekaterinburg-based Roma Ural, presented his organization’s efforts to monitor media coverage of Roma, examine factors contributing to lower levels of education among Roma, and assist Romani Holocaust survivors obtain compensation through existing programs. Torkohov offered a number of recommendations to improve the current situation.  With respect to education, he suggested creating preschool programs for Roma children to improve literacy, working with both children and parents to understand the value of education, and facilitating cooperation between parents and schools.  Given the pronounced bigotry against Roma that characterizes portrayals of Roma in the broadcast and print media, he also suggested training journalists to improve their professional skills. Leonid Raihman focused on ill treatment of Roma by the police, access to justice, and problems associated with the lack of personal documents, including passports.  Endemic corruption among the poorly paid and poorly trained police in Russia has fostered an environment in which Roma are the routine victims of extortion by the police.  This extortion, in turn, contributes to the economic marginalization of Roma. Raihman also described the serious and complex problem of personal documents for the Roma.  He said the absence of personal documents, as well as the rigid nature of the personal documents system in Russia, represents an aspect of the problem.  However, he felt that ethnicity was the primary reason for problems in obtaining a passport.  “Administration officials,” he stated, “especially in housing and immigration departments abuse the discretionary decision-making power accorded to them by the passport system to discriminate against Roma and members of the vulnerable groups.” Mr. Raihman urged the U.S. Government to use its power “to persuade the Russian Government to place the human rights problems which the Roma face high on their agenda.”  He stated that it is time for the Russian Government, as well as the rest of the world, to acknowledge and deal with the problems faced by the Roma in Russia.   United States Helsinki Commission Intern Judy Abel contributed to this article.

  • Briefing Surveys Human Rights of Russia's Roma Population

    By Erika Schlager CSCE Counsel on International Law On September 23, 2004, the United States Helsinki Commission held a briefing on “The Roma in Russia.”  Panelists included Dimitrina Petrova, Executive Director, European Roma Rights Center; Alexander Torokhov, Director, Roma Ural; and Leonid Raihman, a consultant for the Open Society Institute specializing in minority issues in the former Soviet Union. Elizabeth Pryor, Senior Advisor to the Helsinki Commission, moderated the briefing.  She noted the Commission’s long engagement regarding the human rights problems faced by Roma as well as the overall human rights situation in Russia.  Highlighting the need to examine the particular situation of Roma in Russia, she observed that since Roma “constitute a relatively small part of the Russian population, their plight is often overlooked.” Dr. Petrova noted that, for the 2002 Russian census, approximately 182,000 individuals identified themselves as Romani.  Unofficial estimates, however, suggest that the number of Roma in Russia is much higher; a figure often cited is 1.2 million.  She argued that the fate of Roma in Russia is emblematic of the racism, xenophobia, and discrimination faced by other ethnic minorities in Russia, particularly Jews and people from the Caucasus region. In a comprehensive statement, Dr. Petrova outlined nine key areas of concern:  historical and social discrimination against Roma; the legal and institutional context of anti-discrimination legislation; the current political and ideological climate in Russia; the abuse of Roma rights by state actors (primarily the police); the abuse of Roma rights by non-state actors; discrimination in the criminal justice system; the portrayal of Roma in the Russian media; the lack of personal documents; and access to housing and education. The main focus of Dr. Petrova’s statement concerned abuse by both state and non-state actors.  The main impetus of anti-Roma abuse in Russia is related directly to the ideological “war on drugs.”  People of Roma descent are targeted through racial profiling and various media outlets as illegal drug dealers and are subject to frequent police raids.  The “war on drugs” has also become an excuse for police brutality and racial targeting in which police plant drugs on the Roma or in their homes and then arrest them for the possession of illegal substances. Dr. Petrova ended her statement with a call for the United States Government “to play a leadership role and use its economic and political weight to help improve the position of Roma in Russia and address the human rights problems of Roma in Russia as a matter of urgency and as a primary concern in combating racial discrimination.”  She asked human rights monitoring agencies both in the United States and in Europe to prioritize Roma rights in Russia and to draw the Russian Government’s attention to Roma issues that are currently not being addressed. Dr. Torkohov, representing the Ekaterinburg-based Roma Ural, presented his organization’s efforts to monitor media coverage of Roma, examine factors contributing to lower levels of education among Roma, and assist Romani Holocaust survivors obtain compensation through existing programs. Torkohov offered a number of recommendations to improve the current situation.  With respect to education, he suggested creating preschool programs for Roma children to improve literacy, working with both children and parents to understand the value of education, and facilitating cooperation between parents and schools.  Given the pronounced bigotry against Roma that characterizes portrayals of Roma in the broadcast and print media, he also suggested training journalists to improve their professional skills. Leonid Raihman focused on ill treatment of Roma by the police, access to justice, and problems associated with the lack of personal documents, including passports.  Endemic corruption among the poorly paid and poorly trained police in Russia has fostered an environment in which Roma are the routine victims of extortion by the police.  This extortion, in turn, contributes to the economic marginalization of Roma. Raihman also described the serious and complex problem of personal documents for the Roma.  He said the absence of personal documents, as well as the rigid nature of the personal documents system in Russia, represents an aspect of the problem.  However, he felt that ethnicity was the primary reason for problems in obtaining a passport.  “Administration officials,” he stated, “especially in housing and immigration departments abuse the discretionary decision-making power accorded to them by the passport system to discriminate against Roma and members of the vulnerable groups.” Mr. Raihman urged the U.S. Government to use its power “to persuade the Russian Government to place the human rights problems which the Roma face high on their agenda.”  He stated that it is time for the Russian Government, as well as the rest of the world, to acknowledge and deal with the problems faced by the Roma in Russia. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Judy Abel contributed to this article.

  • OSCE Conference Focuses on Racism, Xenophobia, and Discrimination

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

  • OSCE Conference Focuses on Racism, Xenophobia, and Discrimination

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

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

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

  • Helsinki Commission Leadership Engages Heads of Nine CIS Countries

    By Elizabeth B. Pryor CSCE Senior Advisor On July 21, 2004, the bipartisan leadership of the U.S. Commission on Security and Cooperation in Europe (Helsinki Commission) responded to a Declaration signed by nine members of the group known as the Commonwealth of Independent States. The text was presented to the OSCE Permanent Council earlier this month by Russia ’s Ambassador to the OSCE, Alexey N. Borodavkin. The presidents of Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, the Russian Federation, Tajikistan, Ukraine and Uzbekistan signed the declaration. CIS members Azerbaijan and Georgia declined to sign. Turkmenistan did not participate. While acknowledging that the OSCE occupies “a key place in the European security architecture,” the Declaration maintains that the organization has been unable to adapt to the changing political and security environment. The Helsinki Commission leadership – Chairman Representative Christopher H. Smith (R-NJ), Co-Chairman Senator Ben Nighthorse Campbell (R-CO), House Ranking Member Representative Benjamin L. Cardin (D-MD) and Senate Ranking Member Christopher J. Dodd (D-CT) – responded to each of the nine presidents who signed the Declaration. The Commissioners noted that three of those signing the Declaration, President Nazarbaev of Kazakhstan, President Akaev of Kyrgyzstan, and President Karimov of Uzbekistan actually signed the original Helsinki Final Act document when their countries were accepted as OSCE participating States in 1992. In the letter to President Nazarbaev, the Commission leaders stressed that they “were particularly troubled to see Kazakhstan included on the signatories to the declaration, since you have expressed an interest in undertaking the chairmanship of the organization [OSCE] in 2009.” In their replies, Commissioners agreed about the importance of the Vienna-based OSCE and that its ability to adapt was essential to its continued relevance. They pointed out, however, that many of the assertions of the Declaration were already being addressed by the participating States. The CIS signatories had criticized the OSCE for “failing to implement in an appropriate manner” the fundamental documents of the organization, stating that the OSCE is not observing an allegedly agreed Helsinki principle of non-interference in internal affairs. Refuting the assertion that the OSCE was failing to implement its principles, the Commission leaders pointed out that the participating States, not the organization, are responsible for such implementation: “We should look to capitals when failures in implementation arise, not Vienna .” On the matter of “internal affairs,” the leadership reminded the presidents that this issue was definitively decided in the politically-binding concluding document to the 1991 Moscow Human Dimension meeting, which states: “They [the participating States] categorically and irrevocably declare that the commitments undertaken in the field of the human dimension ... are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned.” Turning to the assertion that there is a serious imbalance between the three security dimensions of the OSCE – political-military, economic and environmental, and the human dimension – the Commissioners noted that since the issue of “imbalance” in OSCE priorities was raised several years ago, there has been significant movement in anti-terrorism and tangible military security issues. For example, path-breaking agreements on export controls for MANPADs, on assistance for reduction of excess ammunition, and on uniform standards for travel documents have been achieved in the last few months. The economic dimension is also being revitalized. For example, the OSCE has the most concrete and robust action plan to fight human trafficking of any international organization. The OSCE Parliamentary Assembly has called for a ministerial-level meeting to discuss ways of halting terrorist financing and has spoken out for increased membership in the World Trade Organization. Though welcoming the development of all of the OSCE dimensions, the Commissioners took issue with the idea that this should come at the expense of the promotion of human rights. The CIS signatories expressed concern that human dimension activities are concentrated in the states of the former Soviet Union and former Yugoslavia , and that unfair standards regarding elections are directed at these nations. They went on to accuse OSCE missions of focusing on human rights and democratic development at the expense of the “full range of work covered by the Organization.” In response to the assertion that undue concentration was focused on human rights in the countries of the CIS and former Yugoslavia , the Commission leaders noted that on 85 occasions since January 2003 the Helsinki Commission had addressed, often publicly, human rights concerns in NATO countries. Public criticism of actions by the United States , as in the recent criminal treatment of prisoners in Abu Ghraib prison, has also been made in OSCE meetings and has been taken seriously. The United States has made clear that free and fair elections are crucial to the ongoing process of democratic development and welcomes election monitors to its own national elections in November 2004. The letters also addressed the continued need to locate missions or other OSCE representatives in the former Soviet and Yugoslav countries. In the case of every signatory to the CIS Declaration, there are persistent human rights violations and backward trends on democratic development. Specific concerns were cited for each country, including fraudulent conduct of elections, hindrance of free media, curtailment of religious freedom and freedom of assembly, corruption among public officials and, in several of the countries, detention of political opposition leaders. These abuses have been documented in the Commission report Democracy and Human Rights Trends in Eurasia and East Europe. It is with the goal of reversing these trends that all OSCE states have agreed to the establishment and retention of these missions. The poor implementation record on OSCE commitments argues for the continued necessity of these field offices, the Commissioners concluded. Finally, the leaders of the Commission expressed the hope that the discussion of OSCE’s development would move beyond the Declaration’s inaccurate reinterpretations of key OSCE documents and center on concrete suggestions. They welcomed any positive proposals that the presidents might offer. In this, as in all their work, the Helsinki Commission expressed confidence that by working together, the States of the OSCE region could reach their goal of true security and cooperation in Europe. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • OSCE Election Commitments Reaffirmed

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

  • Commission Hearing Surveys Human Rights in Putin's Russia

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

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

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

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

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

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

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

  • Uncovering Collusion, Reforming Northern Ireland Police Focus of Helsinki Commission Hearings

    By Bob Hand CSCE Staff Advisor The United States Helsinki Commission recently held two hearings focusing on human rights developments in Northern Ireland.  The first, “Human Rights and Police Reform in Northern Ireland”, held March 16, 2004, dealt specifically with human rights and police reform.  The second, “Northern Ireland Update: Implementation of the Cory Reports and Impact on Good Friday Agreement”, held May 5, supplemented the first one by examining the recently published Cory Collusion Inquiry Reports. Reports of Collusion Following decades of violence in Northern Ireland, the April 10, 1998, “Good Friday Agreement” provided a new avenue for peace by calling for devolved government, decommissioning (disarmament), police reform and other human rights measures.  The process of implementing the agreement, however, has proven to be difficult. In the summer of 2001, the Governments of the United Kingdom and of the Republic of Ireland met at Weston Park to resolve numerous problems which developed in the peace process.  There, the two governments agreed that, among other things, “certain cases from the past remain a source of grave public concern, particularly those giving rise to serious allegations of collusion by the security forces.”  They therefore agreed to “appoint a judge of international standing from outside both jurisdictions to undertake a thorough investigation of allegations of collusion” in six prominent murder cases, adding that, “in the event a Public Inquiry is recommended in any case, the relevant Government will implement that recommendation.” On May 29, 2002, the Governments of the United Kingdom and of the Republic of Ireland appointed former Canadian Supreme Court Justice Peter Cory to fulfill this task, agreeing to publish his final reports.  On October 7, 2003, Justice Cory delivered two reports to the Government of the Republic of Ireland and four reports to the Government of the United Kingdom.  That December, the Irish Government published the reports it had received and announced its approval of a Public Inquiry in the one case as recommended (Cory found no evidence constituting a basis for the directing of a Public Inquiry in the other).  It was not until April 2004, however, after many public appeals and legal action, that the British Government published the reports it had received from Justice Cory. While Cory recommended Public Inquiries in all four cases, the British Government approved only three.  Regarding the fourth -- that of murdered Belfast lawyer Patrick Finucane -- Northern Ireland Secretary Paul Murphy noted not only the current prosecution of one individual, Ken Barrett, for the murder, but also the possibility of further prosecutions.  Secretary Murphy indicated that “the way ahead” will be set out only at the conclusion of prosecutions.  In contrast, Cory found “strong evidence that collusive acts were committed,” making this “one of the rare situations where a public inquiry will be of greater benefit than prosecutions.”  Cory argued that a Public Inquiry “should be held as quickly as possible” in order “to achieve the benefits of determining the flaws in the system and suggesting the required remedy, and … to restore public confidence in the army, the police and the judicial system.” Justice Cory appeared before the Helsinki Commission on May 5 to discuss these issues.  Other witnesses included Geraldine Finucane, widow of Patrick Finucane, and the non-governmental organization Human Rights First’s Washington office director, Elisa Massimino. Helsinki Commission Chairman, Rep. Christopher H. Smith (R-NJ), opened the hearing by reciting the obligations undertaken by the Governments of the United Kingdom and the Republic Ireland in the Weston Park Agreement of 2001. Chairman Smith emphasized that “the precise wording of the agreement was ‘will’, not ‘may’” with regard to the establishment of a Public Inquiry if recommended.  Mr. Smith underlined that the timely implementation of Justice Cory’s recommendations is necessary to restore citizens’ confidence in government, the rule of law, and to ensure peace and reconciliation in Northern Ireland.  Expressing deep disappointment in the British Government’s decision regarding the case of Patrick Finucane, Smith argued that “we owe it to the memory of those slain, their families, and every person in Ireland who cherishes justice to see to it that the British Government immediately commences the Public Inquiry as promised in the Weston Park Agreement; no exceptions, no excuses.” Ranking Member Rep. Benjamin L. Cardin (D-MD) welcomed the witnesses testifying before the Commission and acknowledged their contributions to the ongoing struggle for justice and peace in Northern Ireland. Mr. Cardin supported the sentiments stated by the Chairman and expressed his own hopes for a rapid resolution to the stalemate in the peace process.  Noting the Helsinki Commission’s emphasis on implementation of OSCE commitments, Cardin added that “we don’t just speak about a problem, we watch it and follow up to make sure action is taken. And I can assure you that this commission will do just that.”  Other Commissioners in attendance included Sen. Hillary Rodham Clinton (D-NY), Rep. Joseph R. Pitts (R-PA), and Rep. Robert B. Aderholt (R-AL). Justice Cory began his testimony by describing the four cases on which he reported to the British Government: Patrick Finucane was a Belfast lawyer who was gunned down in his home in 1989. Cory listed several alarming facts uncovered through his investigation which point to collusion between the killers of Patrick Finucane and several government agencies. These included British military intelligence, the Royal Ulster Constabulary (RUC) Special Branch and the Security Service.  Justice Cory also uncovered documents indicating that Finucane was a target in 1981, 1985, and in 1989 shortly before his murder. However, in order to protect the identity and safety of the agent, this information was not released to Patrick Finucane. According to Cory, this aspect alone constitutes evidence of collusion and requires the establishment of a Public Inquiry. Billy Wright was a militant Protestant leader known for committing acts of violence and inciting others to do the same. He was killed in 1997 in the confines of the Maze state prison by militant members of the Irish National Liberation Army (INLA).  Wright had been transferred to Maze because three members of INLA conspired to kidnap and execute him at his prior detention facility.  However, a transfer to Maze was also granted to several INLA members.  A prisoner’s list was circulated throughout the prison, which contained the exact times and locations of Wright’s whereabouts throughout the day. Other disturbing factors included a broken security camera, a large hole in the fence, and weapons that enabled the INLA prisoners to kill Billy Wright. Since Billy Wright was a prisoner in a state institution, Justice Cory concluded, it was the responsibility of the state to ensure Wright’s safety.  He felt the above factors indicate collusion and thus recommended a Public Inquiry. Robert Hamill was a young Catholic construction worker who was only 25 when he was kicked to death in 1997 in Portadown.   RUC officers in an armored vehicle were positioned nearby but had an obstructed view of the violence. The senior RUC officer on duty tried to assist one of the men responsible for Hamill’s death by calling the man’s father and instructing him to burn the clothes worn the night of the murder. The officer further compromised his position by asking two of his friends to lie on his behalf, by telling the authorities it was one of them who placed the call. The officer later admitted to charges of obstruction of justice. Another man at the scene and likely involved in the attack was taken into custody only to be released without explanation.   Justice Cory concluded the lack of accountability by the police and the attempt to destroy evidence warranted the establishment of a Public Inquiry. Rosemary Nelson was a prominent lawyer who was killed when her car was blown up in 1999.  She had taken on several prominent and controversial cases during which she was openly threatened by the RUC officers. Her clients were threatened and told to find a different lawyer, under advisement that Ms. Nelson would soon be dead. Aside from verbal threats there were also written threats, one appearing in a pamphlet entitled “A Man without a Country” which indirectly encouraged violence against Ms. Nelson and her work.  A number of clients, independent agencies, and Ms. Nelson herself contacted the RUC and the Northern Ireland Office regarding the threats.  In his investigation Justice Cory discovered that the Northern Ireland Office contacted the RUC for a threat assessment. That request was never answered. Due to lack of information the ministry concluded there was no direct threat and took no action.   Justice Cory determined that the failure of both institutions to take preventive action and the mishandling of documents vital to the safety of Ms. Nelson constitute the possibility of collusion. Based on the evidence uncovered, a Public Inquiry was recommended despite what he considered to be a thorough investigation of the crime.  Chairman Smith noted that Rosemary Nelson had testified before the U.S. Congress six months prior to her murder. The last two cases discussed by Justice Cory were those on which he reported to the Irish Government: Lord Justice Maurice and Lady Cecily Gibson were killed in 1987 when their car was blown up as they returned from vacation in England. Lord Gibson was a prominent judge who presided over a number of significant and controversial cases in Northern Ireland. Prior to his death he had been warned by both RUC and Garda (Irish police) officers to take all necessary precautions to ensure his safety.  Upon completion of the investigation, Justice Cory found no material evidence linking the Garda to the deaths of Lord Justice and Lady Gibson. Although the circumstances surrounding the deaths are suspicious, Justice Cory concluded that suspicion may not be used as a ground for establishing a Public Inquiry. RUC Chief Superintendent Harry Breen and Superintendent Bob Buchanan were killed in a violent ambush as they returned from a Garda office in the Republic of Ireland in 1989. Justice Cory uncovered documents which pointed to collusion between the killers and a member of the Garda, which would account for the precise timing and execution of the assault. The clear presence of material evidence justified the establishment of a Public Inquiry, Cory maintains. Concluding his remarks, Justice Cory praised the cooperation and dedication of the police and intelligence agencies assisting his investigations. Upon questions posed by Chairman Smith and other Members of Congress as to whether he was able to examine all the documents vital to his investigation, Cory commended all of the agencies he worked with for their contributions to the investigation. Regarding the murder of Patrick Finucane, Justice Cory stated that in this particular case a Public Inquiry ought to take precedence over the criminal prosecution in order to restore peace and transparency in the community. He compared the current state of ambiguity to a deadly disease: “In light of the suspicion that is there, it must be open. And if it isn’t then the suspicion grows like a cancerous sore and just will grow greater and greater until the exploration is made.” Justice Cory also shared his concerns with the Commission regarding the feasibility of a complete and thorough investigation due to the recent passing of two key witnesses in the case. Mrs. Finucane followed Justice Cory. She spoke of her long and frustrating battle to learn the truth about the murder of her husband, an effort that has been sabotaged by long investigations and other delays.  Delays in releasing the Cory Reports in the United Kingdom, for example, forced Mrs. Finucane to begin a legal battle to have them made public. Although Mrs. Finucane and her family were skeptical at the onset of the investigation conducted by Justice Cory, she thanked him publicly at the hearing for completing a thorough and uncompromising investigation ahead of schedule while maintaining respect and compassion for the families of the victims.  Despite the recommendation for a Public Inquiry set forth by Justice Cory and appeals filed by international organizations, governments, and law societies, she reported that the British Government has refused to establish such an inquiry. Recently on the floor of the United Nations the Government of Republic of Ireland called for a Public Inquiry. In conclusion, Mrs. Finucane asked the Helsinki Commission to continue to provide support and assistance in seeing this case to the end. Ms. Elisa Massimino began her testimony by urging the British Government to fulfill its obligations under the Weston Park Agreement of 2001. She also noted that Justice Cory, the United Kingdom’s most senior policeman, Sir John Stevens, and the United Nations have all found evidence of collusion.   Ms. Massimino stated that “a public inquiry would help to ensure that current policies, procedures, and structures are likely to withstand future prospects of institutional conflict and corruption of the kind that Northern Ireland has experienced in the past, and it would go a long way toward instilling long needed trust in the rule of law.”  She added that a Public Inquiry would not interfere with any prosecution. Police Reform While hoping to address outstanding cases from the past, the Good Friday Agreement and the subsequent peace process also initiated changes to preclude new issues from arising.  Reforming the Royal Ulster Constabulary (RUC) into a Police Service of Northern Ireland (PSNI) which would have the respect and support of all communities has been vital in this regard.  Part of this reform included the establishment in 1998 of the Office of the Police Ombudsman for Northern Ireland to provide an independent and impartial police complaints service in which both the public and the police would have confidence.        The March 16 Helsinki Commission hearing largely focused on the practices, oversight, training and other activities of the Police Service of Northern Ireland.  Testifying before the Commission were Dr. Mitchell B. Reiss, Director of the Policy Planning Staff, U.S. Department of State; Nuala O’Loan, Police Ombudsman for Northern Ireland; Paul Mageean, Legal Officer, Committee on the Administration of Justice; Elisa Massimino, Director of Washington office, Human Rights First; Jane Winter, Director, British Irish Rights Watch; and Brendan McAllister, Director of Mediation Northern Ireland. In his opening statement, Chairman Smith stressed that proper police conduct is essential to maintaining a dialogue between conflicting parties in Northern Ireland, and only a police force which gains the confidence of the community can secure a lasting peace. Accordingly, Smith observed that some problems remain in policing, particularly the harassment of attorneys.  Other Commissioners in attendance included Rep. Frank R. Wolf (R-VA), Rep. Alcee L. Hastings (D-FL), and Rep. Robert B. Aderholt (R-AL). Dr. Reiss began his testimony by acknowledging that progress on human rights issues remains to be made, but internal reforms and supervisory bodies such as the Police Ombudsman and the Office of the Oversight Commission, headed by Tom Constantine, have guided the PSNI in a positive direction.  “Despite the instability in the political process, the policing institutions have performed well over the past two years,” Reiss said.  He was encouraged by recent opinion polls describing public attitudes toward Northern Ireland’s policing institutions, as they now indicate that half of Catholics have confidence in the PSNI, up from one-third in the late 1990s. Nevertheless, Reiss remains concerned about reforming the Special Branch of the PSNI and stated that Sinn Fein, currently the largest nationalist party in Northern Ireland, should rethink its refusal to participate in the governance of the policing institutions. In his questions to Dr. Reiss, Chairman Smith inquired about the need for rapid reform of the Special Branch and argued that the PSNI must disclose its training curriculum. Dr. Reiss agreed that provisions in legislation for the International Fund for Ireland authorizing assistance to promote human rights training for police, encourage police-community dialogue, and support mediation efforts would be beneficial to the police reform process. Commissioner Hastings remarked that police reform and reconciliation in Northern Ireland would benefit by drawing on the expertise of others in nations having resolved similar problems.  Dr. Reiss agreed and noted that experts had been brought in from Bosnia, South Africa, and elsewhere to provide their insight. Ms. O’Loan stressed the importance of an independent Ombudsman, charged with investigating complaints of police abuses and making recommendations for policy changes. If necessary, the Ombudsman also refers cases for prosecution. Investigations are evidence-based and operate strictly under the legal mandate granted by Parliament; the office has jurisdiction only over PSNI, not the British military presence in Northern Ireland. Ms. O’Loan continued by detailing the accomplishments and challenges her office has faced in recent years. She noted that PSNI has grown more cooperative since the establishment of the Ombudsman, even to the point where police officers are willing to volunteer evidence and testify against abusive colleagues. Moreover, O’Loan was pleased with a trend of decreased usage of firearms and rubber bullets by the police – a testament to the policy of the Ombudsman to investigate every incident in which a weapon is fired. However, Ms. O’Loan described how her office is stretched by the need to investigate historical cases of police abuses. She believed that such investigations are vital for the process of reconciliation, but described how they consume sizable resources and staff. Chairman Smith asked O’Loan whether the Ombudsman had sufficient funding to study the historical cases of police abuse, inquired as to the Ombudsman’s contribution in police training, and asked how the Ombudsman acts to preempt abuse by problem officers. Ms. O’Loan answered that she had requested additional funding to cover historical cases, and that the matter was pending. She highlighted the human rights instruction the Ombudsman had provided to police trainees and described the Ombudsman’s early warning system for detecting abusive officers, which triggers an investigation of an officer if he is the subject of three or more complaints per year.  Chairman Smith also reiterated to Ms. O’Loan a need to investigate complaints of the harassment of attorneys by the police and other authorities. Following Ms. O’Loan, the Commission proceeded to hear from the remainder of the witnesses in its third panel. Generally, the third panel held a more guarded view of the progress of police reform in Northern Ireland in recent years. Paul Mageean began his testimony by calling for the government, political parties, and civil society of Northern Ireland to issue a mutually binding written declaration of human rights principles. He argued that such a “bill of rights” would set a positive tone for policing and government activities. Mageean also cited specific violations of human rights by Northern Ireland’s policing and judicial institutions, including the continued use of emergency anti-terrorism legislation to try suspects without juries of their peers, “heavy handed” police tactics, politically motivated raids and arrests by Special Branch, delays in addressing sectarianism within PSNI, and the use of plastic bullets. Elisa Massimino called for reforms to Northern Ireland’s criminal justice system. She understood that current legislative efforts at reform are underway, but she desired a quickened pace to establish a judicial appointment commission to “secure a judiciary in Northern Ireland that is reflective of society.” Massimino also wanted increased human rights training, the curtailed usage of emergency detention powers, and Public Inquires to determine if the police were complicit in the assassinations of Patrick Finucane and Rosemary Nelson, two human rights attorneys. Jane Winter joined Massimino’s request for public investigations into police collusion in the Finucane and Nelson murders. In calling on the British Government to release reports authored by Justice Peter Cory, she garnered Chairman Smith’s support, and London did release the reports two weeks later. Brendan McAllister described the role of his organization in providing expert advice to the police as they implement their reforms, particularly by facilitating dialogue and exchange programs with foreign police forces and communities that have dealt with similar problems. Mr. McAllister said the PSNI had made substantial progress in developing a concept of “community policing,” but the process requires a long-term commitment.  McAllister warned, however, that the situation is tenuous in Northern Ireland due to the political vacuum created by the collapse of the territory’s executive and assembly. Chairman Smith sensed from the testimony that the Ombudsman has done much to improve the quality of policing. Smith concluded by highlighting legislation that he had introduced, which has passed the House but is awaiting action in the Senate, that would authorize International Fund for Ireland monies to be spent on training the PSNI in human rights practices. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.  United States Helsinki Commission Interns Colby Daughtry and Irina Smirnov contributed to this article.

  • Helsinki Commissioners Active at Parliamentary Assembly Winter Meeting

    Approximately 250 parliamentarians from 50 OSCE participating States met February 19-20 in Vienna for the third annual Winter Meeting of the OSCE Parliamentary Assembly.  The United States delegation was headed by Rep. Christopher H. Smith (R-NJ), Chairman of the United States Helsinki Commission.  Also participating were Ranking House Member Rep. Benjamin L. Cardin (D-MD) and Commissioner Rep. Alcee L. Hastings (D-FL).  Former Commission Chairman Rep. Steny H. Hoyer (D-MD) also attended. At the Vienna Meeting, OSCE PA President Bruce George appointed Chairman Smith as his Special Representative on Human Trafficking Issues.  Smith will serve as the Assembly’s point person for collecting information on human trafficking in the OSCE region; promoting dialogue within the OSCE on how to combat human trafficking; and, advising the Assembly on the development of new anti-trafficking policies.  Over the past five years, Chairman Smith has provided considerable leadership in raising human trafficking concerns within the Assembly.  In Congress, Smith sponsored the “Victims of Trafficking and Violence Protection Act,” which enables the U.S. Government to prosecute offenders and provides resources to help victims of trafficking rebuild their lives. Ranking House Member Benjamin L. Cardin, who chairs the Assembly’s Committee on Economic Affairs, Science, Technology and Environment, led a panel discussion on economic challenges and opportunities in the Republic of Georgia following the historic “Revolution of the Roses.”  OSCE PA Vice-President and Speaker of the Georgian Parliament, Nino Burjanadze, described her experience as Acting President of the country after the resignation of former President Eduard Shevardnadze following flawed elections in late 2003.  Speaker Burjanadze stated emphatically that the revolution was unavoidable and inevitable because corruption had been so overwhelming that it was a threat to Georgia’s national security.  She reviewed the steps the new government is taking to combat corruption and strengthen democratic institutions and the rule of law.  Joining Burjanadze was Ambassador Roy Reeve, Head of the OSCE Mission in Georgia.  The Committee was also addressed by the OSCE Coordinator for Economic and Environmental Activities, Dr. Marcin Swiecicki, and Committee Rapporteur Dr. Leonid Ivanchenko. Commissioner Rep. Alcee L. Hastings, who serves as one of nine Assembly Vice Presidents, held a series of meetings with delegations in Vienna in his bid for the presidency of the OSCE PA that will be decided in elections to take place in early July at the Edinburgh Annual Session.  Hastings also met with the leadership of the various political groups -- the Conservatives, Greens, Liberals, and Socialists.  He discussed his plans for future development of the Assembly and its relationship with the governmental side of the OSCE.  Rep. Hoyer chaired the Assembly’s Ad Hoc Committee on Transparency and Accountability, which discussed ways to further improve relations between the parliamentary and governmental parts of the OSCE, including regular access for Ambassador Andreas Nothelle, Permanent OSCE PA Representative in Vienna, to all OSCE meetings.  Discussion also focused on streamlining Assembly declarations of the annual sessions as a means of enhancing the OSCE PA’s influence on the work of the Permanent Council in Vienna.  The committee concluded that a limited number of recommendations should be included in forthcoming declarations sent to the PC each year, coupled with a significant reduction in preamble language.  Members of the U.S. delegation were also briefed by U.S. Ambassador to the OSCE Stephan M. Minikes and Ambassador Andreas Nothelle on issues of concern in Vienna.  A bilateral meeting was held with Head of the French delegation Mr. Michel Voisin and French Ambassador to the OSCE Yves Doutriaux to discuss the recent French ban on wearing headscarves, yarmulkes, crucifixes and other obvious religious symbols in public schools.  ODIHR Director Ambassador Christian Strohal discussed human dimension issues, including the future of election observations and budget issues, as well as programs dealing with human trafficking and anti-Semitism. Bulgarian Ambassador and Chairman-in-Office Representative Ambassador Ivo Petrov outlined the CiO’s plan for 2004 and issues around the anti-Semitism program and anti-trafficking initiatives.  The delegation was also briefed by Helen Santiago Fink of the OSCE Economic Coordinator’s Office, who addressed the economic dimension of trafficking in persons.  Dr. Andreas Khol, President of the Austrian Nationalrat, welcomed the opening of the Winter Meeting for its ability to encourage “intensified dialogue and co-operation between the governmental and parliamentary dimensions of the OSCE.” OSCE Chairman-in-Office Dr. Solomon Passy who is Bulgaria’s Foreign Minister gave his overview of the priorities of the Bulgarian Chairmanship for 2004. Other OSCE officials made presentations, including Chair of the Permanent Council and Representative of the Chairman-in-Office Bulgarian Ambassador Ivo Petrov; Chair of the Forum for Security Cooperation, Coordinator for OSCE Economic and Environmental Activities Ambassador Marcin Swiecicki; OSCE High Commissioner for National Minorities Ambassador Rolf Ekééus; a representative from the office of the OSCE Representative for Freedom of the Media; Director of the Office for Democratic Institutions and Human Rights Ambassador Christian Strohal; and OSCE Secretary General Ambassador Jan Kubis. All presentations were followed by question and answer sessions. Each of the rapporteurs of the three General Committees discussed their draft reports for the forthcoming OSCE PA Annual Session this July in Edinburgh, Scotland.  All have focused their reports on the theme for the annual session, “Co-operation and Partnership: Coping with New Security Threats.” The ninth OSCE Prize for Journalism and Democracy was presented to the New York-based NGO Committee to Protect Journalists, represented by Executive Director Ann Cooper.   The United States Helsinki Commission, an independent agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission created in 1976, is composed of nine Senators, nine Representatives, and one official from the Departments of State, Defense, and Commerce.

  • Bulgarian Foreign Minister Passy Testifies before Commission

    By Orest Deychakiwsky CSCE Staff Advisor The United States Helsinki Commission convened its first hearing of 2004, featuring the testimony of Bulgarian Foreign Minister Solomon Passy early in his tenure in his capacity as Chairman-in-Office of the Organization for Security and Cooperation in Europe. Accompanying Minister Passy were Ambassador Ivan Naydenov, Director of the OSCE section of the Bulgarian Foreign Ministry and personal representative of the Chairman-in-Office; Elena Poptodorova, Ambassador of the Republic of Bulgaria to the United States; and Richard Murphy, Spokesman for the OSCE.  Minister Passy, appearing before the Commission on February 26, laid out his goals of implementing OSCE commitments in the war on terrorism, focusing on the human dimension and managing regional conflicts. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) opened the hearing by extending his heartfelt condolences on behalf of Members of the Commission to Minister Passy regarding the tragic death of his colleague and personal friend, President Boris Traikovsky of Macedonia. Passy began his testimony with the question of the relevance and the current role of the OSCE considering the end of the Cold War and the existence of organizations such as NATO, the European Union, and the NATO-Russia Council. The Bulgarian Foreign Minister noted the uniqueness of the OSCE as the only organization providing a comprehensive security model founded on the values of respect for human rights and promotion of democratic institutions. Though less than three decades old, the OSCE has proven its ability to tackle the challenges of conflicts in Eastern Europe, the Balkans, and Central Asia.  Notable are the OSCE's efforts to end the civil war in Tajikistan and the secessionist armed conflict in Transdniestria, and rebuilding the war-torn societies in the Balkans. With 18 field missions, the OSCE remains, according to Passy, “the most comprehensive security forum.” Minister Passy stressed that the war on terrorism is one of his top priorities. He focused on issues such as airport security, policing, and secure travel documents as potentially helpful tools in thwarting the spread of terrorism.  In order to achieve this goal, the OSCE organized an inter-governmental conference where practitioners and security experts shared their ideas on improving the safety and security of aircraft.  The OSCE also launched an Internet-based network, designed to facilitate cooperation between security experts and help match resources with needs.  The Chairman-in-Office cited policing as “the perfect OSCE issue, bringing together security and human rights.” He commended American police officers for providing outstanding service in OSCE police reform efforts and their contribution to the establishment of an “accountable police force that is trusted by the population and does not have to resort to brutality or torture to solve crimes.” Minister Passy reaffirmed his commitment to continue the battle against anti-Semitism, racism, and xenophobia, informing the Commission of three important events that will help address these problems which continue to plague many participating States.  In April, a conference on anti-Semitism will take place in Berlin, followed by a September conference on tolerance and xenophobia in Brussels.  A June meeting in Paris will address the relationship between xenophobic and anti-Semitic propaganda on the Internet and hate crimes.  Chairman Smith, strongly supported by Ranking House Commissioner Rep. Benjamin L. Cardin (D-MD), urged Passy to follow up on the Berlin conference with robust action. "'Never again' has to mean 'never again' in all of its vicious manifestations," Chairman Smith proclaimed. On the issue of trafficking in human beings, the Bulgarian Chairman-in-Office focused on the problem of countries of destination. “A firm and persistent police clampdown on the work of traffickers in the Western cities would send a clear message to these criminal gangs that their evil work will not be tolerated,” said Passy.  Chairman Smith echoed this sentiment by citing the estimated 18,000-20,000 victims trafficked annually into the United States.  Passy also emphasized that the OSCE must undertake a special commitment of prosecuting traffickers -- and anyone else associated with this evil trade -- while treating victims with dignity and compassion. Chairman Smith asked the Bulgarian Foreign Minister to devote special attention to the March parliamentary elections in Georgia, underscoring the importance that these elections be carried out in a free and open manner.  Passy commended the OSCE mission in Georgia for doing a remarkable job in monitoring the border with Chechnya and assisting in the destruction of the Soviet stockpiles of ammunition. Smith similarly urged that the OSCE conduct close observation of the upcoming elections in Belarus and Ukraine. He insisted that an open and free media must be allowed to cover the election process and provide access to the voices of the opposition candidates; otherwise, the results of the elections will be predetermined.  In response, Minister Passy stressed that the involvement of the OSCE in the election process is indispensable and mentioned his upcoming trip to Ukraine, where he planned to meet with both government officials and the opposition. With regard to Belarus, Chairman Passy stated he “shared the view that the necessary conditions for free elections [need to] be created” and noted that the Office for Democratic Institutions and Human Rights (ODIHR) plans to monitor  parliamentary elections expected this Fall. The Chairman-in-Office also noted the OSCE’s determination to end the ongoing conflict between Moldova and the secessionist region of Transdniestria. Mediators held two meetings in Sofia and Belgrade during which the conflicting parties resumed negotiations. Commissioner Cardin posed a question on the possible re-engagement of OSCE activities in Chechnya. Minister Passy stated that during his recent meeting with then-Foreign Minister Ivanov, Russia was the first to address this issue and even suggested a list of concrete projects, the scope and details of which are still being discussed.  Passy promised to keep the Commission informed of any related developments. The Bulgarian CIO said he also plans to promote the issue of education throughout the remainder of his year in office.  Although it is an issue that has not received much attention in the OSCE, Passy said that “education and training are vital for empowering individuals and groups with the capacity to resolve conflict in a peaceful manner.” The first Supplementary Human Dimension Meeting was devoted to this subject. The hearing concluded with Minister Passy’s personal vision for the future of the OSCE.  He called for a stronger focus on OSCE activities in the Caucasus and Central Asia.  Additionally, he suggested that the OSCE should reach out to countries beyond its scope, such as Afghanistan and Iraq, which could benefit from the comprehensive security model offered by the OSCE. An unofficial transcript of the hearing is available through the Helsinki Commission’s Internet site at http://www.csce.gov. The United States Helsinki Commission, an independent agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission created in 1976, is composed of nine Senators, nine Representatives, and one official from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Irina Smirnov contributed to this article.

  • Helsinki Commission Briefing Highlights OSCE's Military Dimension of Security

    By Bob Hand CSCE Staff Advisor The United States Helsinki Commission held a briefing February 11, 2004 to review the work of the Organization for Security and Cooperation in Europe’s Forum for Security Cooperation, particularly during the period in late 2003 when the United States chaired the FSC. The purpose of the briefing was to gauge how the OSCE is responding to the latest changes in the security environment, such as the war on terrorism, weapons proliferation, and regional conflicts involving OSCE states.  The briefing featured James Cox, the Chief Arms Control Delegate of the United States to the OSCE in Vienna. Helsinki Commission Senior Advisor Elizabeth B. Pryor opened the briefing, noting the OSCE’s well-known contribution to security through the promotion of human rights and democratic change.  She stressed, however, that the military dimension of the OSCE should not be overlooked. “Measures such as advance notification of troop maneuvers and observation of military exercises have become such a part of our way of interacting that we too frequently take such transparency for granted,” Ms. Pryor stated.  Capitalizing on the dramatic changes in Europe in the 1990s, the OSCE “expanded the degree of military openness, then encouraged further reductions in force levels and equipment, and placed military institutions under democratic civilian control.” Mr. Cox began by describing the FSC’s creation in 1992 to respond to military questions in the post-Cold War era, such as the change in force levels and the significant shift in the security environment.  Among other things, the Forum has been tasked to establish a web of arms control agreements and confidence- and security-building measures.  The FSC also pursues the implementation of these agreements, develops a security dialogue, and considers norms and standards on such politico-military features of security as civilian control of armed forces and adherence to international humanitarian law. The OSCE made crucial steps toward addressing new threats to security and stability in the 21st century when the United States held the FSC chairmanship from September to December of 2003.  These steps were taken with the realization that the FSC now must expand beyond the limits of arms control and confidence- and security-building measures.   Mr. Cox stressed that the FSC needs to broaden its focus not only to address interstate relations between armed forces of OSCE participating States, but also non-OSCE States.  New security threats to the OSCE region include non-state actors, terrorism, proliferation, and organized crime. Under the United States’ chairmanship, the FSC highlighted the proliferation of arms, the control of man-portable air defense systems, and civil-military emergency preparedness.  With regard to non-proliferation, the United States hosted a number of speakers to suggest ways to curb the spread of weapons of mass destruction. Effective and comprehensive controls for MANPADS were discussed, highlighting the threat posed by these weapons to civil aviation.  The FSC encouraged the participating States to prevent illicit transfers of MANPADS by destroying excess devices.  In addition, the EU, NATO, and UN speakers, and others were invited to the FSC to discuss their disaster response procedures. The OSCE’s Document on Small Arms and Light Weapons, or SALW, contains provisions for the destruction of excess MANPADS.  The provisions also allows states to request assistance on the security and management of stockpiles, encourage the establishment of border controls in order to reduce the transfer of small arms, and provide for the disposal of light arms.  Mr. Cox also discussed initiatives addressing management and destruction of excess stockpiles of ammunition and explosive material, both through better management and destruction.  In closing his presentation, Cox asserted that progress has been made in all spheres of European security, but he did not want to leave “too rosy a picture.”  The FSC is a consensus body which, by its nature, limits what any one country can achieve and has no enforcement capability. Nevertheless, he stressed that the FSC is useful to the 55 participating OSCE countries because it has norm and standard setting capabilities and provides a forum to discuss issues of national interest. During a question-and-answer period, a question was asked about the stance of FSC participants that may be hiding their weapons and stockpiles.  Mr. Cox reiterated that although the FSC has no enforcement capability, its politically binding decisions are to be taken very seriously.  Positive developments have occurred with recent requests for clean-up disarmament assistance, including by Belarus. Another issue raised was the failure of Russia to implement commitments adopted at the 1999 Istanbul OSCE Summit with respect to Moldova and Georgia.  The Istanbul commitments require Russia to remove troops and arsenals from Moldova and close military bases in the Republic of Georgia.  To this day, Russian troops and weapons remain in Moldova and Georgia.  Mr. Cox affirmed that these issues are raised in Vienna.  A related issue is OSCE peacekeeping.  As Cox explained, the notion of OSCE peacekeeping would be difficult to undertake, as the organization lacks the necessary infrastructure to conduct such operations.  Compared to NATO forces and European Union efforts to take on these operations, peacekeeping is on the low end of FSC considerations, and there has been no agreement to go beyond the original OSCE language on the matter developed in 1992. In response to a question regarding Russian military conduct in Chechnya, Cox noted that this is usually discussed as a human rights issue at the Permanent Council.  He did note, however, initiatives within the military dimension, including a Swedish request to observe a Russian military exercise in Dagestan, neighboring Chechnya, which Moscow denied on security grounds, are addressed in the FSC. Finally, Cox was asked about the focus of the 2004 Annual Security Review Conference.   He predicted this second meeting will center on the implementation of counterterrorism measures, including commitments agreed at the Maastricht Ministerial, and further enhancing border security.  The first ASRC was held in 2003 to review select issues such as organized crime, arms trafficking, and terrorism.  It also encouraged the adoption of biometric standards for travel documents as a means to improve border security. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission Interns Colby Daughtry and Erin Carden contributed to this article.

  • Strong Substance, Potent Politics Mark Historic Maastricht OSCE Ministerial Council

    By Elizabeth B. Pryor, CSCE Senior Advisor The Organization for Security and Cooperation in Europe (OSCE) once again demonstrated its ability to promote candid political discussion and take prescient decisions when the Eleventh OSCE Ministerial Council met December 1-2, 2003. The meeting took place in Maastricht, the Netherlands, capping the Dutch chairmanship of the OSCE, under the leadership of Foreign Minister Jaap de Hoop Scheffer. Ministers and other senior officials from the 55 OSCE states engaged in extensive consultations and approved an impressive array of action programs and strategic initiatives. Members of the OSCE Parliamentary Assembly, including Helsinki Commissioner Rep. Alcee L. Hastings (D-FL), and representatives of OSCE partner states and other affiliated organizations joined them. Secretary of State Colin Powell led the United States delegation. The Ministerial meeting was historic, not only for the quantity and quality of the decisions it took, but because it signaled a move away from defining the organization solely on the basis of broad formalized statements. The flexibility of the organization was also on display. When one participating state threatened a veto on jointly agreed political positions, the Chairman and other members turned it into an opportunity to forcefully reiterate their determination to see conflicts resolved through the standards set in OSCE agreements. They also intensified the pressure to fulfill previously taken commitments. The result was a stronger expression of collective political will than might have been made in a compromise document. By moving beyond the predictable rhetoric of a communiqué, the OSCE underscored its own political vitality and the unique platform it offers for frank debate and creative political action. The Maastricht Ministerial took place in the wake of Georgia’s "Revolution of the Roses" and was attended by the Acting President of Georgia, Nino Burjanadze. That situation, and growing concern over disputes in the Transdniestria region of Moldova, produced frank comments from the Ministers, opening the way for real dialogue on the issues and an expression of international concern that was impossible to ignore. Secretary Powell was among those who used the unconstrained OSCE stage to address issues directly. He cautioned that no support would "be given to breakaway elements seeking to weaken Georgia’s territorial integrity" and called for international support for the new elections to be held January 4, 2004. The European Union, and Dutch OSCE Chairman echoed this, voicing their own warnings against interference in Georgia’s democratic development. The Chairman also strongly reasserted the OSCE’s role in deliberations over the political future of Transdniestria. He was joined by many of the Ministers, who took exception to Russian efforts to broker an inequitable accord outside of the internationally coordinated mediation process. While applauding some progress on arms reductions by Russia in Transdniestria, the U.S. delegation, as well as many others, spoke forthrightly of the need to fulfill all provisions of the 1999 Istanbul agreement which called for the complete withdrawal of Russian forces from Moldova. Even when given an extension to withdraw by December 31, 2003, no progress has been made. The exchange also gave Russia the opportunity to express its viewpoint: that ratification of the revised Treaty on Conventional Armed Forces in Europe (CFE) was being held up over the implementation of the Istanbul commitments and that the collapse of its diplomatic initiative in Moldova would delay any chance of reaching a settlement. The initiatives unanimously agreed by the Ministers reflect the OSCE’s dedication to strong standard setting and innovative yet practical solutions for entrenched problems. The decisions taken on security issues continue OSCE’s long tradition of crafting action-oriented agreements with low political cost and long-term stabilizing effects. The development of more secure travel documents, export controls on portable air defense systems, "best practices" for the transfer of small arms and new measures for the destruction of stockpiles of ammunition are among the most robust set of security decisions taken in recent years by any international organization. The United States welcomed these decisions and praised the OSCE’s work as an example of effective multilateralism. These concrete action programs were coupled with a comprehensive strategy for addressing the changing security environment of the 21st century. The holistic OSCE approach to stability is evident in this document, which encompasses everything from arms control to environmental concerns and fighting corruption. "The [Helsinki] Final Act tells us that lasting security requires not just respect for the sovereignty of states, but also respect for the integrity of human beings," noted Secretary Powell in Maastricht. In keeping with this integrated approach to security, the OSCE agreed to a strategic roadmap for tackling the difficult problem of trafficking in human beings. The OSCE Action Plan is the most detailed blueprint devised by any international organization; in Maastricht Ministers decided to appoint a Special Representative to ensure that its provisions are carried out. In addition, the OSCE approved a comprehensive policy for improving the situation of Roma and Sinti, the first of its kind in the region. They also strengthened their commitment to an enhanced economic and environmental work plan. In a matter of particular interest to numerous Helsinki Commissioners, the Maastricht Ministerial formally welcomed the offer by Germany to host a conference on anti-Semitism in Berlin. Belgium will host a meeting on racism, xenophobia and discrimination. In a letter to Secretary Powell in the lead up to the ministerial, Commissioners urged U.S. leadership in securing agreement on the German proposal as well as other areas of particular concern, including disturbing developments in Turkmenistan, Chechnya, Belarus and severe limitations placed on minority religious communities in some parts of the region. "The United States’ leadership is essential to secure consensus on initiatives on combating anti-Semitism and racism; human trafficking; internally displaced persons; corruption and international crime; cooperation with the ICTY; withdrawal of foreign forces from Moldova; and the Annual Security Review Conference," Commissioners wrote. Ministers also addressed the wider sharing of OSCE norms, principles and commitments with others, pledging to identify additional fields of cooperation and interaction with OSCE Mediterranean and Asian Partners for Cooperation. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce.

  • Parliamentary Assembly Convenes on Religious Freedom, Mediterranean Issues

    By Chadwick R. Gore, CSCE Staff Advisor and H. Knox Thames, CSCE Counsel More than 160 parliamentarians from 49 participating States took part in the 2003 Organization for Security and Cooperation in Europe Parliamentary Assembly's (OSCE PA) Conference on Religious Freedom (October 9-10) and Parliamentary Forum on the Mediterranean (11 October) held in Rome at the invitation of the Italian Chamber of Deputies. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) led the United States delegation comprised of Commission Ranking Member Rep. Benjamin L. Cardin (D-MD), Chairman of the OSCE PA Committee on Economic Affairs, Science, Technology and Environment, Commissioner Rep. Joseph R. Pitts (R-PA), Commissioner Rep. Alcee L. Hastings (D-FL), one of the OSCE PA Vice Presidents, and Rep. JoAnn Davis (R-VA). Conference on Religious Freedom The OSCE PA and the Italian Parliament hosted parliamentarians from across the OSCE region for two days in the Italian Chamber of Deputies to discuss and debate the importance of religious freedom. Mr. Pier Ferdinando Casini, President of the Italian Chamber of Deputies, opened the conference, followed by welcoming remarks from Mr. Bruce George, President of the OSCE PA and from Mr. Marcello Pacini, President of the Italian Delegation to the OSCE PA. Three sessions were held during the conference, each focusing on a different aspect of religious liberty. The first session on the Law and Politics of Religious Freedom, and the second session on Religious Tolerance in Pluralistic Societies, both addressed germane issues facing parliamentarians throughout the region. Presenters spoke of the need to create legislation to protect minority religious groups and to combat intolerance through education. Experts also noted that if religious communities cannot enjoy religious freedom, then individual members also lose that freedom. For instance, official government status for religious groups must be equally accessible for all, without any major obstacles, and groups should not have to complete more requirements than other civic organizations. In short, fundamental rights should not be curtailed due to the size or age of a religious community. On the second day of the conference, Chairman Smith gave a keynote address during the Round Table on Religious Freedom and Democracy, in which he stated that "religious liberty, in my view, is the single most tangible reason why America has prospered in so many ways. Our strength isn't in our military might or even in our economy but in our collective faith." Chairman Smith continued, discussing the importance of fighting for human rights. "Some say to intervene is to be a nuisance. Some say we are arrogant. Let me note here, none of these criticisms could be further from the truth. We did it...because human rights are universal and cannot be abridged by selfish and cruel policies. We took bold action because we were inspired to act by brave individuals like Pastor Richard Wurmbrand of Romania, Alexander Solzhenitsyn of Russia, Armando Valladares of Cuba, Yuri Kosharovsky or Natan Sharansky, and Bishop Su of China. They never quit nor tired in their opposition to tyranny. Can anyone of us do less? Especially when we are the lawmakers?" The conference was also addressed by expert speakers including Abdelfattah Amor, Special UN Rapporteur for Religious Freedom, as well as Silvio Ferrari and Brigitte Bas-devant-Gaudemet, Members of the European Consortium for Church and State. Conference participants attended a special audience with Pope John Paul II. In his statement, the Pope said, "When States are disciplined and balanced in the expression of their secular nature, dialogue between the different social sectors is fostered and, consequently, transparent and frequent cooperation between civil and religious society is promoted, which benefits the common good." He concluded with a challenge to the parliamentarians saying, "the respect of every expression of religious freedom is therefore seen to be a most effective means for guaranteeing security and stability within the family of Peoples and Nations in the twenty-first century." Parliamentary Forum on the Mediterranean The second OSCE PA meeting in Rome focused on strengthening security in the Mediterranean and developing the OSCE Mediterranean Dimension. The Parliamentary Forum followed up on the outcomes of last year's OSCE PA Fall Conference in Madrid on ensuring peace, democracy and prosperity in the Mediterranean. There has been a Mediterranean dimension of the Helsinki process from the outset. Throughout the negotiations that preceded and produced the Helsinki Final Act in 1975, issues relating to the Mediterranean were discussed. The result was a section of the Final Act entitled "Questions relating to Security and Cooperation in the Mediterranean." Under the rubric of "non-participating Mediterranean countries," Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Syria and Tunisia contributed to relevant discussions in the security dimension. These discussions were held in recognition of the relationship between security in Europe and in the Mediterranean region. The Mediterranean dimension of the OSCE was reconstituted in the mid-1990s under the designation "Mediterranean Partners for Cooperation." Countries included were Algeria, Egypt, Israel, Morocco and Tunisia. Jordan subsequently joined as a partner. All six were represented in Rome. In opening the forum, OSCE PA President Bruce George expressed his belief that "there is a growing awareness in the OSCE that only a free, democratic, prosperous and undivided Europe will be able to promote security, stability and prosperity in the adjacent area." He also noted that European security will benefit from positive developments in other regions, including the Mediterranean. During the session on Strengthening Security in the Mediterranean, Italian Minister for Foreign Affairs Franco Frattini pointed out that the countries of the southern Mediterranean--Islamic countries--have confidence in Italy and her objectives for trade and peace in the region. The emphasis among these states today must be in rooting out and eliminating terrorism, as "terrorism is the enemy of peace, and the negation of dialogue." He also emphasized that "immigration is a European issue, not a national issue" when calling for a joint solution to the problems of illegal immigration. "EU immigration policy should focus on developing non-EU countries so people stay in those countries, and so people do not come, have no need to come, to EU." There was a general discussion that included the suggestion that a regional Mediterranean Center for Conflict Prevention be established. This was in conjunction with some comments asserting that the United States was more concerned about U.S. national security than regional security issues around the globe, including in the Mediterranean. Proponents suggested such a center would allow the States of the region to function in this arena of security without dependence on the United States. During the session on Developing the OSCE Mediterranean Dimension a general discussion--some would call it an argument--about the Israel/Palestinian situation took place. Members of the delegations of Mediterranean Partner States Tunisia and Egypt said that while Palestinian claims and concerns have a firm historical and geographical basis, they are given short shrift in the considerations of the West. Instead, the West and Israel should give the Palestinians concrete details and specifics about the creation of a Palestinian state, should accelerate the Road Map calendar, and set conditions for the violence to cease. Most of all, they said, the United States needs to be visibly engaged and committed to the process. Many felt that the Quartet (the United States, Russia, the European Union and the United Nations) should consult with the Arab states Egypt, Jordan and Saudi Arabia, and some felt that Arabs should take the initiative reflecting a recent Saudi proposal. During concluding remarks, President George made note of the fact that the Mediterranean Partners were, for the first time, seated in alphabetical order among the other attending participating States as signs that all are trying to work more closely with each other and the Mediterranean States are to be dealt with as equals. Other prominent speakers included: Cesare Salvi, Deputy President of the Italian Senate; Jan Kubis, OSCE Secretary General; and Christian Juret, Diplomatic Advisor of the EU Representative for the Middle East. On October 3, 2003, the Helsinki Commission held a briefing on human rights and democracy in the six Mediterranean Partners for Cooperation. The transcript is available on the Helsinki Commission website at www.csce.gov. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce.

  • Helsinki Commission Reviews Work of Tribunal for War Crimes in the Former Yugoslavia

    The Helsinki Commission held a briefing on the path to justice in southeastern Europe on October 7. Presenting his remarks at the briefing was Judge Theodor Meron, President of the International Criminal Tribunal for the former Yugoslavia (ICTY). Judge Meron began his remarks by underscoring the immensity of the task at hand. The vast scale of the crimes committed during the Yugoslav conflict, he said, "the murders, the rapes and deportations, the acts of torture, destruction and cruelty, would dwarf the capacity of any single court to bring more than a partial, a very partial reckoning." Nevertheless, he said, the tribunal struggles on, patiently and temperately disclosing the truth, giving the victims "a chance to see their sufferings recorded and at least in some small measure vindicated." Judge Meron asserted that the tribunal demonstrates the viciousness of those who built their power with hate-filled beliefs and sends a compelling message "that only through genuine reconciliation can all the peoples of the former Yugoslavia create thriving societies." Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) underscored the important role the tribunal plays. In his opening remarks, Chairman Smith explained that the court was a way of helping to break the climate of impunity and "ensuring that those responsible for heinous crimes would be held to account." Commissioner Cardin, likewise, described strong United States support for the court, saying that the United States Congressional Delegation to the OSCE Parliamentary Assembly has raised the war crimes issue at every annual meeting in the last decade. Cardin has sponsored numerous initiatives over the years aimed at bolstering support for the work of the ICTY. The United States took a leading role in the creation of the ICTY, and funds approximately one quarter of its annual budget. Given the significance placed on the ICTY and its mission, three issues were highlighted: the compliance by participating States with ICTY demands; the implications of the ICTY's completion strategy; and, the procedural methods of the court. All three participants insisted on compliance from states in turning over indictees and granting increased access to evidence and archives. Commissioner Cardin recalled that "there are still indictees who have not been turned over to The Hague. Some highly visible indictees, such as Mladic and Karadzic, we've now been talking about for too many years." Judge Meron contended that while states in the region have increased their cooperation, such cooperation still needs to be made more complete. Sixteen indicted individuals, he explained, are still at large, including Serb army chief Ratko Mladic, Serb leader Radovan Karadzic, as well as Ante Gotovina, one-time Commander of the Split Military District. Meron said that the international community needs to use what he regards as its considerable leverage with the countries of the region to convince them to arrest and deliver to The Hague the most senior people allegedly responsible for war crimes. Meron noted improvements from Serbia-Montenegro, stating that he is "encouraged by the emerging spirit of cooperation in Belgrade which has produced some significant results in the last year." But, he said, more needs to be done. Serbia, he argued, must arrest Mladic, whose whereabouts, it is believed, are known; improve access to archives; and end the bottleneck in meeting the demands presented by the ICTY prosecutor. Meron said the tribunal is also "expecting maximum cooperation...from Zagreb" and insisted that "there is no bias or preference of the target of our cooperation." Judge Meron, however, reserved particularly harsh words for Republika Srpska. That entity of Bosnia-Herzegovina, he said, "has not been cooperating at all.... There has been no compliance on their part, and much more international pressure is needed." With UN Security Council deadlines for completion approaching, Chairman Smith expressed his concern that key indictees would decide to simply wait out the tribunal's mandate. Judge Meron assured the Commission that the tribunal "will not move toward any closure before we have people like Mladic, Karadzic, and Ante Gotovina at The Hague." Smith expressed his full support for such a policy, stating that "to allow people like Mladic and Karadzic to escape justice by running out the clock would be a gross violation of human rights in and of itself." As part of the ICTY's completion strategy, Judge Meron said the court intended to transfer some low- to mid-level cases from the ICTY to competent courts in the region, in particular the special war crimes chamber within the newly reconstituted State Court of Bosnia-Herzegovina in Sarajevo. He expressed his appreciation to the international community for supporting this body and hoped that the United States and others would follow through on their promises for generous financial contributions. In addition to improving the legal capacity to try war criminals, Meron praised the Sarajevo court for the training it will provide to lawyers and judges in the area and "the message of democracy and the rule of law that will be triggered by such a court." Because of the fragility of the social system in Bosnia-Herzegovina, every bench of the Sarajevo court will have two international judges and only one local judge. He expressed his desire that, over time, the social environment will change to allow the composition to be reversed to give more significant representation to local judges. When asked whether cases could be transferred to war crimes chambers and courts elsewhere in the region other than the Sarajevo court, Judge Meron said he did not believe it feasible at the moment. At the same time, he argued, "War crimes trials have the greatest resonance when they take place very close to the theater of crime, the place where the crimes have been committed, where the victims or their families still live." He said, therefore, that it was his hope to have "more and more trials conducted in the area." Given the approaching of Security Council deadlines, Judge Meron also discussed some procedural changes the ICTY has adopted in its completion strategy. He described several internal initiatives made by the court attempting to improve efficiency. The tribunal has reformed its procedures for interlocutor appeals to reduce the number of interruptions in the trial and has restricted prosecutorial evidence that judges deem duplicative or unnecessary. Its ability to finish working in a timely fashion, he said, also depends on the choices the prosecutor makes on future indictments. In response to a question from the audience, Judge Meron commented about the tribunal's sentencing procedures. The tribunal has at times been accused of meting out sentences that are not commensurate with the gravity of the crime committed. Others have accused the tribunal of passing sentences for some defendants that were much greater than sentences for others convicted of similar crimes. Without sentencing guidelines from the Security Council, Judge Meron said, the tribunal has had to create its own common law. He stated though that he had "no reason to believe that as a general proposition our sentencing has not been within the parameters of what I would consider to be just and reasonable." Nevertheless, Judge Meron said, he has formed a working group of several judges to address the sentencing issue because he believes there is no aspect of the tribunal's activities that cannot be improved further. The tribunal, according to Judge Meron, represents an enormous experiment in international cooperation. Starting almost from scratch, the ICTY had to create its own rules of procedure and evidence. This effort, the judge claimed, will have an impact even beyond the specific crimes considered. He concluded, "The sort of judgments that we will leave behind from very detailed problems of definitions of international crimes, on the interpretation of the evidence, on the conflicts of evidence, on how to reconcile the notions of common law and civil law, will prove to be, I think, a very important legacy to us all." This briefing was the latest in a series of United States Helsinki Commission events and other activities this year intended to promote justice in southeastern Europe through improved cooperation with the ICTY. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Commission Hearing Looked Ahead to Maastricht Ministerial

    By Michael Ochs CSCE Staff Advisor The United States Helsinki Commission held a hearing on September 9, 2003 reviewing United States policy toward the Organization for Security and Cooperation in Europe (OSCE). The hearing considered the many security, economic, and humanitarian challenges facing the United States, and how the 55-member nation organization can be best utilized to address these challenges. Testifying for the State Department were A. Elizabeth Jones, Assistant Secretary for European and Eurasian Affairs, and Lorne W. Craner, Assistant Secretary for Democracy, Human Rights and Labor, and Helsinki Commission Member. In his opening statement, Helsinki Commission Chairman, Rep. Christopher H. Smith (R-NJ) emphasized the important role the OSCE plays in promoting American security abroad. "The explicit and implicit connection between security and human rights, the fulcrum of the Helsinki process," he said, "has been at the center of U.S. thinking and policy since the day almost exactly two years ago when religious fanatics flew airplanes into the World Trade Center and the Pentagon." At the same time, he bemoaned the lack of democratic progress throughout much of the former USSR. Particularly in Central Asia, he said, "It becomes more and more difficult to harbor expectations that the future will be better or much different than the past or even the present." Helsinki Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) expressed his appreciation to the State Department and executive branch for their willingness to work with the Commission over the years. Mr. Cardin particularly lauded the work of Ambassador Stephan M. Minikes, head of the U.S. Mission to the OSCE, whose efforts, he said, helped to form a unified agenda with Congress in the OSCE. He also expressed his appreciation to the State Department, later echoed by Chairman Smith, for arranging a visit by the Commission to Guantanamo Bay that allowed Commissioners to respond to concerns raised by the OSCE Parliamentary Assembly regarding humanitarian standards for detainees. In her remarks, Assistant Secretary Jones noted two particular OSCE successes during the past year that were the result of U.S. efforts: the Vienna Anti-Semitism Conference and the new, annual Security Review Conference. She also identified the adoption of the Anti-Trafficking Action Plan as a positive development. Secretary Jones listed several priorities for the OSCE Maastricht Ministerial, including progress on Russia's Istanbul commitments; mandating the 2004 Berlin Anti-Semitism Conference; and, addressing the pressing problems, discussed at the Security Review Conference, of travel document security and Man Portable Air Defense systems (MANPADs). Secretary Jones identified several broad areas where the OSCE particularly serves U.S. interests: human rights and democracy promotion; conflict prevention and conflict resolution; and trans-national issues, such as human trafficking, anti-Semitism, racism and xenophobia, the rights of the Roma, refugees, and internally displaced persons. The United States, she said, also hoped to enhance the OSCE's police training capabilities "not only to step up anti-crime capabilities, but to deal with the human rights concerns that are related to the way police deal with civil society." Assistant Secretary Craner began on a positive note, identifying encouraging signs throughout the region. "In a majority of the OSCE countries," he said, "we see growing and increasingly vibrant civil society groups advocating for peaceful change. The rule of law is being bolstered as countries move the administration of prisons under the auspices of the ministry of justice, and guards receive training to respect international standards." He added, however, that there are also areas of both stagnation and backsliding in the OSCE region, all the more troubling given the numerous regional successes. "It is most disheartening," he said, "for the people of those countries who see other nations which have emerged from the Soviet empire now joining NATO and the EU and enjoying the fruits of democracy. Meanwhile, some governments remain authoritarian or unwilling to move beyond the old struggles and practices." Secretary Craner noted troubling signs for democratization efforts throughout the former Soviet Union. Central Asian states, he said, had made little progress. Upcoming presidential elections in Ukraine would seriously affect U.S. attitudes toward that country's suitability for integration into Euro-Atlantic and European institutions. The Russian parliamentary elections in December are showing some troubling signs, while holding legitimate presidential elections in Chechnya would be extremely difficult, given the security situation there. He said, however, that such elections could potentially contribute to the end of that conflict. Chairman Smith noted his pleasure that the sanctions list, established by the Trafficking Victims Protection Act of 2000 which he sponsored, which groups countries into three tiers based on their action on the issue of human trafficking would be released the week of the hearing. He also welcomed the U.S. military's initiatives against trafficking in South Korea and hoped for similar progress in the Balkans. Secretary Craner agreed that countries were taking the sanctions law seriously, and both witnesses stated that the U.S. and British militaries were taking strong action on trafficking issues. Smith and Jones emphasized that the pressure was not off countries that made it out of the bottom tier. On the former Yugoslavia, Assistant Secretary Jones described gradual progress at the International Criminal Tribunal for the former Yugoslavia and improved cooperation from the government in Belgrade. "The list [of war criminals] is being reduced," she said, "but it is not done yet." Commissioner Cardin, however, noted that the patience of the international community was coming to an end. Both agreed that the political leadership in Serbia seems to want to do the right thing, but needs help from the United States to reinforce their efforts. On issues of property restitution, Secretary Jones assured the Commissioners that when she travels to pertinent countries, the issue is always on the agenda and explained that the United States has had considerable success convincing governments to take action on a bilateral basis. She also agreed with Representative Cardin that poverty and corruption make democratic development more difficult. She said that the United States would try to attack the issue through the OSCE by working hard on corruption. Commissioner Cardin brought attention to the United States' efforts in the OSCE's Parliamentary Assembly to create a mechanism extending Helsinki principles to the OSCE's Mediterranean Partners. Assistant Secretaries Jones and Craner said that the administration supported the goal but was uncertain whether the best way to accomplish it was directly through the OSCE or through a new, OSCE-like institution. Chairman Smith then focused on the importance of "naming names" in the OSCE. He said that "one of the most vital aspects of the Helsinki process was specifically naming names" and "holding people to account," but he noted a curious reluctance to do so in the last ten years. Assistant Secretary Craner stated that the United States had indeed "named names" with regard to the situation in Belarus. The United States sponsored a resolution at the UN Commission on Human Rights putting Belarus in a category with countries like Turkmenistan and North Korea. Assistant Secretary Jones admitted that it was difficult to influence President Lukashenka of Belarus but said there were still elements of civil society in Belarus, activists in the Belarusian body politic, and free media that needed outside moral support. Finally, Chairman Smith raised the issues of Chechnya and missing persons in the Balkans. Assistant Secretary Jones said that Chechnya was on the agenda for the Camp David summit between Bush and Putin in late September . She also indicated that the OSCE was negotiating with Russia to define a role for the organization in that conflict, ideally getting a mission back on the ground. On the Balkans, Secretary Craner said that the United States was actively pressing governments bilaterally and through the OSCE to account for the fate of missing persons. He also highlighted the United States' support for the International Commission for Missing Persons, which is engaged in the painstakingly slow process of DNA identification. Lastly, Secretary Jones assured the Commissioners that the United States was not merely paying lip service to the concerns of minorities in Kosovo. She said, "It is a tough issue, but it nevertheless is a critical one in our policy of standards before status." The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission Intern Kevin Angle contributed to this article.

  • Frank Assessment Presented on State of Rights in Russia

    By John Finerty CSCE Staff Advisor The United States Helsinki Commission held a staff-level briefing on November 13, 2003 with Tanya Lokshina, Executive Director of the Moscow Helsinki Group, to discuss the status of human rights and democratic development in the Russian Federation. Ms. Lokshina was accompanied by Maureen Greenwood, Advocacy Director for Europe, the Middle East and North Africa at Amnesty International USA and Dr. Sarah E. Mendelson, Senior Fellow, Russia and Eurasia Program, Center for Strategic and International Studies. Ms. Lokshina opened the meeting by noting the human rights community in Russia is greatly concerned about the arrest of former YUKOS chief executive Mikhail Khodorkovsky, reportedly Russia's richest man arrested on tax evasion and fraud charges after contributing money to political opposition parties. The case, she said, proves beyond doubt that the Russian state is out to get any independent voice. Khodorkovsky is different from other politicians, she stated. While his fortune may have had questionable origins ("fraud and tax evasion are prevalent everywhere") Khodorkovsky's current corporate policy of transparency is not useful to a corrupt government bureaucracy. He also supported opposition forces in the Duma, ranging from free-market, pro-reform parties to the Communists. "The action against Yukos sent a clear signal to other investors," Lokshina continued. "Do not be independent. Do not support transparent dealings with parties or civil society initiatives.... Now the rest of the business community is terrified to follow suit." Regarding freedom of the media, Lokshina said there is no level of media not controlled by the state. Even non-state television channels are controlled by managers who are themselves controlled by the state. There is also little independent print media in Russia. Ms. Lokshina, who had been in Grozny for the Chechen presidential elections, called the exercise a combination of comedy and tragedy. In the face of overwhelming indifference of the population and empty voting stations, the official statistics were not to be believed, she maintained. On election day, Lokshina had not seen any voters except in special places arranged for foreign journalists. She also saw precinct protocols where 100% of the eligible voters had supposedly cast 100% of their ballots in favor of incumbent President Kadyrov - a virtual impossibility, given an inevitable percentage of disqualified (i.e., defaced or incorrectly filled out) ballots. To be sure, any serious competition for Kadyrov had been eased off the ballot long before election day. Ms. Lokshina also saw the recent gubernatorial elections in St. Petersburg--with the heavy-handed use of "administrative resources" by the pro-Putin apparat playing a major role--as a harbinger of future elections throughout Russia. Parliamentary elections are scheduled to be held on December 7, with presidential elections expected in March 2004. The three experts agreed that the recent Constitutional Court decision annulling the restrictive law on election coverage of candidates and election "propaganda" was a positive, albeit tardy, step. Ms. Lokshina said one of the worst problems is the arbitrary law enforcement, and that "Everything that happens in Chechnya also happens in the rest of Russia. It is merely magnified in Chechnya." Personnel from police forces all over Russia serve time in Chechnya, and they bring back to their home towns the arbitrariness and impunity learned there. For example, the individuals who arrested Khodorkovsky stormed in wearing security service uniforms. It was later learned they were not security service employees, but ordinary police. Similarly, the recent sweep of the Open Society Institute premises in Moscow was reminiscent of security sweeps in Chechnya. Sarah Mendelson of CSIS pointed out that aside from political parties, the Federal Security Service (FSB) is the least supported institution among the populace. Ms. Lokshina stressed that Russian human rights organizations need support from the West. In many ways, it feels like Russia is going back to Soviet realities. The difference, though, is that instead of being treated like an enemy, Russia, despite abuses, is now being treated like a civilized state, which, she says, is dangerous. When President Bush calls President Putin his friend, she said, it sends a clear message that the United States supports what is happening in Russia. America used to critique what is happening in Chechnya, for example. Russia, Lokshina contends, is becoming a threat to its own citizens and the world community at large. Uncritical Western support is counter to its own interests, she remarked. Asked about reports of widespread public apathy in Russia, Dr. Mendelson said there is certainly a great deal of apathy, but there is a certain line over which the state cannot go. Ms. Lokshina added that some of the apathy has to do with lack of knowledge and heavy media control. For instance, it is frequently reported that Russians are not opposed to some level of censorship. In reality, though, this does not mean they do not want to know what is going on in Chechnya. What they want is to get rid of scams and con games ("chernukha"), i.e. "citizens would rather the government had control of the media than Boris Berezovsky." Ms. Greenwood raised the issue of the situation of the Meshketian Turks living in tenuous circumstances in southern Russia. She appreciated U.S. initiatives on the subject but urged more follow-through regarding the possibility of granting refugee status to Meskhetian Turks desirous of emigrating. Greenwood also noted that not only have Meskhetian Turks experienced discrimination and harassment in southern Russia, but NGOs working on their behalf are now under pressure from local authorities. Ms. Greenwood asked that the United States maintain the pressure to prevent Russia from forcing internally displaced persons (IDPs) back into Chechnya. She said international pressure had succeeded in stopping Russia from overtly closing the remaining camps, but there remains subtle, psychological coercion. In response to an inquiry about the state of freedom of thought within the academic community, Mendelson related several instances of FSB harassment of academics. "In Moscow," she commented, "it simply feels like there is less oxygen. You cannot breathe." Ms. Lokshina contends that the situation in the provinces is even worse. Asked about specific policy recommendations, Lokshina favored a strong statement from the United States against the anti-democratic trends and continued U.S. assistance programs for civil society and human rights in Russia. Mendelson added that the United States has made a strategic investment in Russian democracy and civil society, but this investment is under funded and it is too early to "graduate" Russia from such programs. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission Intern Jason Ekk contributed to this article.

  • Helsinki Commission Reviews OSCE Dutch Leadership

    By Marlene Kaufmann CSCE Counsel The United States Helsinki Commission held a hearing featuring the testimony of His Excellency Jaap de Hoop Scheffer, Foreign Minister of The Netherlands and Chairman-in-Office of the Organization for Security and Cooperation in Europe for 2003. The Foreign Minister testified on September 3, 2003 about the OSCE's efforts to promote security, stability and human rights in Europe and Eurasia. "In the last few years, we have come face to face with unprecedented challenges and threats to our security," said Minister de Hoop Scheffer. "The fight against terrorism is, and it should be, a top priority on our agenda." He noted that developing a comprehensive strategy to address new threats to security and stability will be the objective of OSCE Foreign Ministers in their upcoming meeting in Maastricht, The Netherlands, in early December. "We need to go beyond the repertoire of military action and policing as responses to security problems, and the OSCE can provide an impetus to this effort," he said. "No sustainable conflict resolution, let alone peace, can be achieved without due regard for human rights and democratization, for economic and environmental development, and without due regard for the rule of law." Other more surreptitious threats to security include organized crime, trafficking in human beings and illegal immigration, according to the Foreign Minister. Under de Hoop Scheffer's leadership, the Dutch Chairmanship has made combating human trafficking a priority and has secured the adoption of an OSCE action plan to combat trafficking in human beings to assist countries in confronting this modern day slavery whether they are countries of origin, transfer or countries of destination. The Minister explained that in support of this plan he intends to send missions of experts to assist countries in the fight against trafficking. The missions will draw on the expertise of OSCE institutions and will both monitor and take action against human trafficking. "Against this background, I feel sure that the Organization will be able to make an active, solid contribution to the fight," Mr. de Hoop Scheffer said. United States Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) welcomed the new OSCE effort. "I think it is a very realistic action plan . . . and it really adds to the common effort that we all need to take with regard to this modern-day slavery," said Smith, who has led the fight in Congress against human trafficking. Chairman Smith asked Minister de Hoop Scheffer to expand the anti-trafficking action plan to include the military in all OSCE countries, as well as policing and peacekeeping deployments throughout the region. Chairman Smith described his own efforts to make the U.S. military aware of this problem, including a request to the Army's Inspector General to investigate allegations of human trafficking at establishments frequented by U.S. military personnel in South Korea. An Ohio-based investigative news team revealed that women trafficked from Russia and the Philippines were being forced into prostitution in local clubs and bars surrounding U.S. bases and exposed the fact that uniformed U.S. military personnel understood the circumstances and yet did nothing to prevent or report the crime. According to Chairman Smith, the Inspector General took quick and decisive action to investigate the alleged activities and made specific recommendations to correct the matter. "The U.S. military has put more than 660 establishments, now seen for what they are, off limits to U.S. military as a direct result of this investigation," Mr. Smith said. Minister de Hoop Scheffer agreed that military and peacekeeping operations should be reviewed in strategies to combat human trafficking and said that the work being done by the U.S. military could serve as an example. The Minister also noted that NATO is undertaking a review of what its role should be in this regard. De Hoop Scheffer will take over as Secretary General of NATO in January, 2004. The Chairman-in-Office reviewed the work of the OSCE in combating anti-Semitism, racism and discrimination by highlighting the June conference held in Vienna regarding the rising tide of anti-Semitism in the OSCE region and strategies to combat it, as well as the September conference focused on efforts to combat racism, xenophobia and discrimination. Both Chairman Smith and Commission Member Rep. Alcee L. Hastings (D-FL), who participated in the June conference, urged de Hoop Scheffer to support another OSCE conference on anti-Semitism, which Germany has offered to host in Berlin in 2004. The Minister confirmed his support for such a conference saying, "having visited the Holocaust Memorial Museum this morning, having seen that, you need not have any other argument to go on fighting anti-Semitism." Commissioner Hastings queried Foreign Minister de Hoop Scheffer about his views on extending the term of the Chairman-in-Office from the current one year to two or three years, in view of the tremendous challenges facing the OSCE Chairmanship and the amount of work to be done. Mr. Hastings complimented the Minister, in particular, for the work he has done with Central Asian states. Calling his work as Chairman-in-Office "very challenging and a tremendously interesting responsibility," de Hoop Scheffer said he felt maintaining the one year term for the OSCE Chairmanship is the best way to proceed. He pointed to the work of the Troika, which is composed of the immediate past, current and upcoming Chairman-in-Office, who meet on a regular basis to discuss OSCE matters. The Minister has sought to strengthen this working group during his tenure and indicated that he felt this mechanism, along with the appointment of Special Representatives to focus on particular issues, serves to bring continuity to the leadership of the OSCE. Commissioner Hastings, who serves as a Vice President in the OSCE Parliamentary Assembly (OSCE PA) also asked the Chairman-in-Office about what can be done to strengthen the working relationship between the OSCE and the OSCE PA. Mr. Hastings voiced hope that the Parliamentary Assembly would participate fully in the Maastricht Ministerial Meeting and that the OSCE and Assembly would continue to foster a working partnership. Viewing this issue from the perspective of his sixteen years of service in the Dutch Parliament, the Chairman-in-Office said he believes that the OSCE leadership has made substantial progress in its relationship with the Parliamentary Assembly. He welcomed the opening of the Parliamentary Assembly's Liaison Office in Vienna, headed by Ambassador Andreas Nothelle, as well as the active participation of Parliamentary Assembly President Bruce George in meetings of the Troika. The Foreign Minister said that he would continue to work to improve interaction between the OSCE and the Assembly. Minister de Hoop Scheffer further highlighted the actions of the OSCE by discussing regions in which the Organization has been particularly active--including Central Asia, Belarus, Moldova, Chechnya, and Georgia. Helsinki Commission Member Rep. Joseph R. Pitts (R-PA) voiced concern about the authoritarian rule in much of Central Asia and the Caucasus and its potential to move toward a family dynasty, as seems to be happening in Azerbaijan. The Chairman-in-Office expressed his view that Central Asian governments need particular attention from the OSCE, given that social changes brought about since the end of the Cold War have begun to stall. The Minister, who recently visited the five Central Asian countries, emphasized the importance of direct involvement with participating States in order to monitor and pressure for change. "The OSCE missions are the eyes and the ears of the organization," he said. Mr. de Hoop Scheffer, who also spoke with members of nongovernmental organizations in Turkmenistan, stressed the need to maintain communications between all OSCE states, because the alternative would be to expel them. "Would that improve the fate of the people in jails in Uzbekistan or Turkmenistan?" he asked rhetorically. "I don't think so, but it's the perpetual moral dilemma we have." Mr. Pitts and Minister de Hoop Scheffer also expressed concerns about the refusal of Belarus to fully participate in OSCE meetings and negotiations. The Chairman-in-Office mentioned that of particular concern are attempts by the Government of Belarus to restrict the media's independence. He said he would follow the situation critically and would take whatever necessary action was called for. In Moldova, the OSCE plans to step up its efforts to resolve the Moldova-Transdniestria conflict. The OSCE is focusing on a political settlement and preparations for post-settlement. The two parties understand that a peacekeeping operation may be in place during the transition activities, and the OSCE is discussing the possibility. Mr. de Hoop Scheffer called for Russia to reclaim its weapons and ammunition from Moldova before the end of the year. He also urged the United States and the European Union to assist conflict resolution efforts in Moldova. The OSCE is still pushing for cooperation between Chechnya and the Russian Federation, despite difficulties in negotiations. The OSCE has developed a program aimed at benefitting the Chechen population and improving areas such as the judiciary and public order, economic and social developments, re-integration of displaced people, and media development. De Hoop Scheffer said violence and political obstacles have made negotiations in the area difficult. But he remained positive about a program to affect change. "I believe that the Russian Federation and the OSCE have a common interest in defining such a program," he said, adding the human suffering and material costs of this conflict are immense. The Maastricht Ministerial Meeting will set the agenda for the OSCE's future work and will address modern threats to security and stability, the Chairman-in-Office said. The meeting will take up human trafficking, economic and environmental issues, and review of field missions and peacekeeping. The conference will also be open to nongovernmental organizations, which de Hoop Scheffer said have been crucial to helping bring about change. The Chairman-in-Office concluded his testimony by stressing the importance of multilateral efforts and of the continued support of the United States. "That is one of the reasons why, with full candor, I have shared my impressions, convictions, and intentions for the coming period with you," he said. "In short, it takes a joint effort by the entire OSCE community to make this organization work." The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine senators, nine representatives, and one official each from the Departments of State, Defense, and Commerce.   United States Helsinki Commission Intern Lauren Smith contributed to this article.

  • Further Assault Against Activists in Belarus

    By Orest Deychakiwsky CSCE Staff Advisor and Ronald McNamara CSCE Deputy Chief of Staff United States Helsinki Commission staff met with a wide variety of opposition party members, non-governmental organization representatives and independent media journalists during an October 11-15 visit to the west Belarusian city of Hrodna and the capital city, Minsk. While the repressive apparat of Belarusian strongman Alexander Lukashenka has mounted a full-fledged assault on civil society over the last few months, pro-democracy forces remain committed to the creation of an independent, sovereign and democratic Belarus. In meetings with representatives from civil society throughout the visit, discussions inevitably turned to the Belarus Democracy Act of 2003, introduced earlier this year by United States Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Co-Chairman Senator Ben Nighthorse Campbell (R-CO). The Belarus Democracy Act would authorize increased assistance for democracy-building activities such as support for non-governmental organizations, independent media--including radio broadcasting to Belarus, and international exchanges. In a clear effort to consolidate his firm hold on power, Lukashenka has further tightened his grip on independent elements of Belarusian society, using the full force of the state to repress dissent. This comports with his new "state ideology” which has as its aim to further his rule by eliminating any vestige of pluralism in Belarus. Non-governmental organizations have been "de-legalized," or threatened with closure, often on petty pretexts. Increasingly, spouses and relatives of activists are being used as pawns with threats of dismissal or other forms of retribution. The media are especially facing pressure, with the electronic media under the control of the authorities and the independent media increasingly subject to systematic reprisals. Dozens of independent publications have been closed or threatened with closure. State printing houses have refused to print even previously registered editions and the state's distribution system refuses to circulate independent media material. Even Russian television is getting pushed out. A proposed new media law threatens to further erode freedom of media. Independent trade unions are becoming further circumscribed. The Government of Belarus has made no substantive progress in meeting the criteria for democratization established more than three years ago by the Organization for Security and Cooperation in Europe: End repression and the climate of fear; Permit a functioning, independent media; Ensure transparency of the election process; and Strengthen the functioning of the parliament. No progress has been made to investigate the cases of four opposition figures who disappeared in 1999-2000. The four are presumed dead. Attempts by Belarusian democrats and the international community to engage in a dialogue with the powers-that-be on amending the electoral code have thus far been unsuccessful. Belarusian authorities refuse to cooperate with the OSCE, even within the framework of its limited mandate. In both Hrodna and Minsk, Commission staff met with a wide gamut of representatives from leading non-governmental organizations, independent media, national and local leaders of democratic opposition political parties, wives of the disappeared, leaders of independent trade unions, dissident members of the National Assembly, various religious leaders, and human rights and cultural organizations. On the official Belarusian side, Commission staff met with the Governor of Hrodna and officials from the Ministry of Foreign Affairs, raising a wide range of concerns with respect to Belarus' refusal to implement its OSCE commitments, including those pertaining to the deepening assault on civil society. In Hrodna, the issues surrounding Jewish cemeteries were raised with the Governor Vladimir Savchenko. On the U.S. side, staff held constructive meetings with newly installed Ambassador George Kroll, Embassy staff and officials of the United States Agency for International Development. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Deplorable Human Rights Conditions Recalled at Helsinki Commission Hearing on Chechnya

    By John Finerty CSCE Staff Advisor The United States Helsinki Commission held a hearing September 16, 2003 on the current human rights situation in, and future of, Chechnya. Testifying before the Commission were Ambassador Steven Pifer, Deputy Assistant Secretary of State for European and Eurasian Affairs; Anna Politkovskaya, Moscow journalist and author; Dr. Robert Ware, Associate Professor at Southern Illinois University; and Lord Frank Judd, Member of the British House of Lords and former Co-Chairman of the Council of Europe-Duma Parliamentary Working Group on Chechnya. In his opening statement, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ), called the situation in Chechnya "the most egregious challenge to international humanitarian law in the OSCE region." "The Russian Government declares that the situation in Chechnya is normalizing, and that the 'counter-terrorism operation' is over," Smith said, " but it appears to be a tenuous claim, if that." Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) noted the efforts of the U.S. Delegation to the OSCE Parliamentary Assembly to raise human rights issues in Chechnya through resolutions and bilateral meetings with Russian counterparts urging them to "take a position responsible for the human rights issues in Chechnya." In prepared remarks, Commission Co-Chairman Ben Nighthorse Campbell observed, "The picture the Kremlin does not want us to see is a wasteland dotted with mass graves, villages depopulated of men--young and old, and unspeakable crimes committed against civilians. Each side should and must be held accountable for its acts of lawlessness and brutality. Extrajudicial executions, forced disappearances, and abuse of the non-combatants by elements of the Russian military continue." Deputy Assistant Secretary Pifer reported that since his appearance before the Commission on Chechnya in May 2002, "The daily reality for the people of Chechnya has been bleak and deteriorating" and that "[t]he toll of casualties, both Chechen and Russian...continues to mount." He noted that the majority of Chechens, whether those inside Chechnya or displaced to other regions of the Russian Federation, are living in dire conditions. "Deplorable violations of human rights persist," Pifer continued, and "terrorist attacks by Chechen extremists have increased." After the 1994-96 Chechen war, according to Pifer, the resulting chaos and lack of rule of law drew international terrorists to Chechnya. Additionally, treatment by Russian security forces of the civilian population during the current war has contributed to growing extremism and further sharpened the conflict. "Moscow's black and white treatment of the conflict," he said, "makes cooperation in the war on terrorism more difficult as its conduct of counter-terrorist operations in Chechnya fuels sympathy for the extremists' cause and undermines Russia's international credibility." Pifer outlined the three pillars of U.S. policy vis-a-vis Chechnya: an end to all human rights violations; cessation of all fighting and a process that will produce a sustainable political settlement, and; continued humanitarian assistance for those affected by the conflict. In response, Chairman Smith urged the Administration to make Chechnya a leading topic at the late September Camp David meeting between Presidents Bush and Putin. Ambassador Pifer stated his expectation that "these concerns will be among the most troubling that the two leaders will find on the U.S.-Russian agenda." In a subsequent Moscow press conference, Russian President Vladimir Putin expressed considerable displeasure with Pifer's forthright remarks at the Helsinki Commission hearing. Anna Politkovskaya focused on the October 5th presidential election in Chechnya and the legitimacy of the new [March 23, 2003] constitution. The vote on the constitution, she testified, "basically gave the people of Chechnya a choice of being good 'Chechens' and therefore have the right to live, or being bad 'Chechens' and therefore opening themselves to the possibility of being exterminated." Regarding the presidential elections, Politkovskaya noted the advantages given to the Moscow-supported incumbent, Akhmed Kadyrov. He has been given the ability to "create huge armed units," she continued. "What this amounts to is...a sponsorship of an all-out Chechen against Chechen war." Dr. Robert Ware testified about the lack of acknowledgment of the Chechen invasion of Dagestan and the resulting 32,000 IDPs, and multiple human rights violations that occurred during Chechnya's de facto independence. "Russia had a moral obligation to protect its citizens in the region," Dr. Ware stressed. Ware stressed the importance of making sure that both sides of the story were taken into consideration. "There is no peace and reconciliation without truth," Ware warned. "And there is no truth when you look at only one side of the problem." Lord Judd, who quit his position as Co-Chairman of the Council of Europe-Duma Parliamentary Working Group on Chechnya over Moscow's insistence on conducting the March constitutional referendum, called the constitution issue "deeply disturbing." "There should have been debate and evaluation, pluralist and independent media, freedom of association, and freedom for political parties were needed [as well as] sufficient non-menacing security for people to feel freely able to participate," Judd continued. Commenting on the West's relationship with Russia, Lord Judd exclaimed, "In the case of the Chechen Republic, it is inexplicable folly to hold back on criticism when by their policies and methods of implementing them, the Russians are perversely recruiting for the global terrorists." The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission Intern Jason Ekk contributed to this article.

  • Criminal Defamation and "Insult" Law: Armenia

    Numerous international documents, including those adopted by the Organization for Security and Cooperation in Europe (OSCE), establish freedom of expression as a fundamental right. The right to free speech, however, is not absolute. Consistent with international law, certain kinds of speech, such as obscenity, may be prohibited or regulated. When governments restrict speech, however, those restrictions must be consistent with their international obligations and commitments; for example, the restrictions must be necessary in a democratic country and proscribed by law. Criminal defamation and "insult" laws are often defended as necessary to prevent alleged abuses of freedom of expression. They are not, however, consistent with OSCE norms and their use constitutes an infringement on the fundamental right to free speech. Criminal Defamation Laws All individuals, including public officials, have a legitimate right to protect their reputations if untruthful statements have been made about them. Untrue statements which damage a person's reputation constitute defamation. Oral defamation is known as slander; defamation in writing or other permanent forms such as film is libel. In some instances, criminal codes make defamation of public officials, the nation, or government organs a discreet offense, as distinct from defamation of a person. Truthful statements--as well as unverifiable statements of opinion--are not legally actionable as defamation. Indeed, the European Court of Human Rights has held that public officials must tolerate a greater degree of criticism than private individuals: "The limits of acceptable criticism are accordingly wider as regards a politician as such than as regards a private individual. Unlike the latter, the former inevitably and knowingly lays himself open to close scrutiny of his every word and deed by both journalists and the public at large, and he must consequently display a greater degree of tolerance." (Lingens v. Austria, Eur. Ct. H.R., 1986.) Criminal defamation laws are those which establish criminal sanctions for defamation. Those sanctions may include imprisonment, fines, and prohibitions on writing. Individuals convicted of defamation in a criminal proceeding and sentenced to suspended prison terms may be subjected to the threat of immediate imprisonment if, for example, they violate an order not to publish. The existence of a criminal record may also have other social and legal consequences. In a criminal defamation case, state law enforcement agents (police and prosecutors)--using taxpayer money--investigate and prosecute the alleged defamation on behalf of the complainant. It is sometimes argued that criminal defamation laws are necessary to achieve the legitimate goal of providing the victims of defamation with redress. But general laws against libel and slander, embodied in civil codes, provide private persons as well as public officials the opportunity to seek redress, including damages, for alleged defamation. In such cases, the plaintiff and defendant stand in court as equals. Accordingly, specific criminal laws prohibiting defamation are unnecessary. "Insult" Laws "Insult" laws make offending the "honor and dignity" of public officials (e.g., the President), government offices (e.g., the Constitutional Court), national institutions, and/or the "state" itself punishable. Unlike defamation laws, truth is not a defense to a charge of insult. Accordingly, insult laws are often used to punish the utterance of truthful statements, as well as opinions, satire, invective, and even humor. Although insult laws and criminal defamation laws both punish speech, significant differences exist between them. Defamation laws are intended to provide a remedy against false assertions of fact. Truthful statements, as well as opinion, are not actionable. The use of civil laws to punish defamation is permissible under international free speech norms. The use of criminal sanctions to punish defamation, however, chills free speech, is subject to abuse (through the use of state law enforcement agents), and is inconsistent with international norms. In contrast, recourse to any insult law, whether embodied in a civil or a criminal code, is inconsistent with international norms. Their Use Today At one time, almost all OSCE countries had criminal defamation and insult laws. Over time, these laws have been repealed, invalidated by courts, or fallen into disuse in many OSCE participating States. Unfortunately, many criminal codes contained multiple articles punishing defamation and insult. Thus, even when parliaments and courts have acted, they have sometimes failed to remove all legal prohibitions against insult or all criminal sanctions for defamation. In communist countries and other anti-democratic regimes, such laws are often used to target political opponents of the government. Today, when insult and criminal defamation laws are used, they are most often used to punish mere criticism of government policies or public officials, to stifle political discussion, and to squelch news and discussion that governments would rather avoid. It is relatively rare for a private individual (someone who is not a public official, elected representative, or person of means and influence) to persuade law enforcement representatives to use the tax dollars of the public to protect their reputations. In some OSCE countries, such laws are still used systematically to punish political opponents of the regime. Even in countries where these laws have fallen into a long period of disuse, it is not unheard of for an overzealous prosecutor to revive them for seemingly political purposes. The International Context Numerous non-governmental organizations have taken strong positions against criminal defamation and insult laws. These include Amnesty International; Article 19; the Committee to Protect Journalists; national non-governmental Helsinki committees such as the Bulgarian Helsinki Committee, Croatian Helsinki Committee, Greek Helsinki Committee, Romanian Helsinki Committee, and Slovak Helsinki Committee; the International Helsinki Federation; The World Press Freedom Committee; Norwegian Forum for Freedom of Expression; national chapters of PEN; and Reporters Sans Frontières. Moreover, the UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media, and the Organization of American States Special Rapporteur on Freedom of Expression issued a joint statement in February 2000 which included the following conclusions, based on relevant international norms: "Expression should not be criminalized unless it poses a clear risk of serious harm. [. . . ] Examples of this are laws prohibiting the publication of false news and sedition laws. . . . These laws should be repealed." "Criminal defamation laws should be abolished." "Civil defamation laws should respect the following principles: public bodies should not be able to bring defamation actions; truth should always be available as a defense; politicians and public officials should have to tolerate a greater degree of criticism. . . ."[1] Finally, the United States Department of State regularly reports on cases where criminal defamation or insult laws have been used in its annual Country Reports on Human Rights Practices and, at OSCE meetings, has frequently called for the repeal of such laws in recent years. Criminal Defamation and Insult Laws in Armenia Since Armenia gained independence in 1991, there have been mixed developments regarding freedom of speech and a free press. There is no outright censorship in Armenia and a plurality of views can be found in the press. Nevertheless, there are reasons for concern. In April 2002, for example, two independent television stations, Noyan Tapan and A1+, had their broadcasting licenses revoked in what was widely seen as a politically motivated move. Subsequent efforts to renew those licenses have failed; as recently as October 13, 2003, A1+ was turned down again. In October 2002, independent journalist Mark Grigorian--then preparing an investigative report on the 1999 terrorist attack in the Parliament which resulted in eight deaths--was himself the victim of a grenade attack (which he survived). In December 2002, Tigran Nagdalian, Chairman of the National Public Television Board, was murdered. In April 2003, journalist Mger Galechian was seriously beaten after the newspaper for which he worked, Chorrord Ishkanutyun, ran an article critical of the head of Armenia's National Security Services. Journalists were also the victims of harassment and intimidation during presidential elections in 2003. On September 27, 2003, Gayone Mukoyan, editor-in-chief of Yerevan's Or newspaper, was beaten. In addition, in February 2002 the government released a draft law on mass media which, according to Freedom House, would "require journalists to pay for interviews with officials and create a government agency to 'monitor' the media."[2] Although the bill's worst elements have been removed, journalists still view the pending draft as inadequate. In September 2003, the National Press Club in Yerevan organized demonstrations outside the Armenia parliament against the draft law. The use of criminal defamation or insult laws in Armenia does not appear to be the regime's first line of defense against the opposition. Nevertheless, it is a tool that public leaders have been consistently willing to use against their critics. In 2000, for example, Nikol Pashinyan, editor-in-chief of the Yerevan-based opposition newspaper Aykakan Zhamanak was charged with insult and given a suspended sentence. Charges were brought against poet Dzanik Adamyan in 2002 as well as against Dzhema Saakyan (who reportedly typed the poems on a typewriter), but the charges were dropped after Adamyan spent two months in prison and Saakyan spent a few days in the custody of police. Pashinyan was charged again with insult in April 2002; those charges were eventually dropped. On April 18, 2003, the National Assembly adopted Armenia's first post-Soviet penal code. That bill was signed into law by the president on April 30, 2003. Unfortunately, the new penal code effectively renumbered, but did not repeal, those articles criminalizing defamation and insult. On June 19, 2003, Ambassador Roy Reeve, Head of the OSCE Office in Yerevan, sent an open letter to Artur Bagdasaryan, the newly elected Speaker of the National Assembly of Armenia. (The letter was also signed by members of the informal Media Legislation Working Group including representatives of the Embassies of the United Kingdom, Germany, the United States, Italy, Romania, Poland and ten representatives of non-governmental organizations.[3]) The writers called for the decriminalization of defamation and insult and further criticized the fact that the code envisions greater penalties for insult of government officials than for ordinary citizens. According to the regular report to the OSCE Permanent Council submitted on July 31, 2003, by Freimut Duve, the OSCE Representative on Freedom of the Media, Duve also wrote to the Armenian Foreign Minister expressing concern regarding this matter. The views of OSCE officials, non-governmental organizations, and members of Yerevan's diplomatic community have met with mixed reactions. On the one hand, Parliamentary Speaker Artur Bagdasaryan pledged that parliament would review the criminal code. On the other hand, Parliament Deputy Speaker Tigran Torosian initially rejected these views as "interference in Armenia's internal affairs."[4] In fact, the 1991 OSCE Moscow Document, accepted by Armenia when it joined the OSCE in 1992, explicitly states that the OSCE participating States "categorically and irrevocably declare that the commitments undertaken in the field of the human dimension of the [OSCE] are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned." Meanwhile, Manvel Grigorian, one of the drafters of the new penal code, responded by arguing that defamation is a criminal offense in all other member states of the Commonwealth of Independent States (i.e., those countries which, like Armenia, inherited a communist penal code) as well as some countries like Germany. While it is true that other post-Soviet countries have failed to repeal their communist-era criminal defamation and insult laws, the clear trend in post-communist Central Europe--where democratic reform is generally more advanced--is to decriminalize defamation and abolish insult laws. This incremental process[5] continues to move in a singular direction: criminal defamation and insult laws have been repealed or struck down (in whole or in part) in Bosnia-Herzegovina, the Czech Republic, Hungary, Poland, and Slovakia. In May 2003, the Romanian Government proposed a new penal code with sweeping and positive changes to the current provisions on insult and defamation; that draft is before the parliament. Countries like Germany--longtime members of the Council of Europe--have already had their criminal defamation or insult laws somewhat "neutralized" through the European Court of Human Right's case law. Those countries where the implementation of an archaic criminal defamation or insult law contradicts the European Court's evolving and elevating norms pay a price--literally--for doing so.[6] Relevant Armenia Laws The articles of the Armenian penal code which are not consistent with Armenia's freely undertaken OSCE commitments include: Article 135. Libel. Dissemination of false information humiliating a person's good reputation, dignity and honor, is punishable by a fine in the amount of 50 to 150 times the minimum salary, or correctional labor for up to one year. Libel through public speeches, publicly demonstrated works or through mass media, is punishable by a fine in the amount of 100 to 200 times the minimum salary, or correctional labor for one to two years, or with arrest for up to two months. Actions envisaged in parts 1 or 2 of this Article, accompanied with accusation of the person committing grave or particularly grave crime, are punishable by correctional labor for up to two years, or with arrest for the term of one to two months, or with imprisonment for up to three years. Article 136. Insult. Insult is the improper humiliation of another person's honor and dignity and is punishable by a fine in the amount of up to 100 times the minimum salary, or correctional labor for up to six months. Insult manifested in public speeches, in publicly demonstrated works or by mass media, is punishable by a fine in the amount of 50 to 200 times the minimum salary, or correctional work for up to one year. Article 318. Insulting a Representative of the Authorities. Publicly insulting a representative of authorities, in relation to the duties carried out by him, is punishable by a fine in the amount of 100 to 200 times the minimum salary, or correctional labor for six months to one year. The same act expressed in public speeches, in publicly demonstrated works, or by mass media, is punished with a fine in the amount of 200 to 400 times the minimum salary, or with arrest for a term of one to three months, or with imprisonment for a term of up to two years.   1. See: "Statement Regarding Key Issues and Challenges in Freedom of Expression," agreed by Santiago Canton, OAS Special Rapporteur on Freedom of Expression, Freimut Duve, OSCE Representative on Freedom of the Media, and Abid Hussain, UN Special Rapporteur on Freedom of Opinion and Expression, February 2000, www.article19.org. See also: "Insult Laws: An Insult to Press Freedom," published by The World Press Freedom Committee, www.wpfc.org. 2. Freedom House, Nations in Transit 2003 (www.freedomhouse.org). 3. The non-governmental organizations were: the Eurasia Foundation, the Open Society Institute Assistance Foundation-Armenia, the London-based Article 19, ABA/CEELI, the Yerevan Press Club; the Association of Investigative Journalists, Internews, ProMedia, Media Law Institute, and Caucasus Media Institute. The full text of the letter is at: http://www.osce.org/news/generate. pf.php3?news_id=3358. 4. Radio Free Europe/Radio Liberty Newsline, 23 June 2003 (www.rferl.org). 5. The abolition of criminal defamation and insult laws has been achieved both through the adoption of new penal codes and through high court rulings striking down laws deemed inconsistent with the national constitution and/or international law. In most Central European countries, this process has resulted in a gradual diminishing of the numbers of articles in the penal code that punish defamation or insult. 6. It is nowhere argued that Article 10 of the European Convention on Human Rights and Fundamental Freedoms prohibited criminal defamation or insult laws at the time of its adoption in 1950. Indeed, Article 10 of the European Convention is frequently decried by free speech advocates as the most restrictive free speech provision of any of the major international agreements on human rights. Many of the first countries to join the Council of Europe had criminal defamation or insult laws at the time they ratified the Convention. Nevertheless, since 1950, the cases of the European Court on Human Rights demonstrate evolving concepts of free speech (concepts most clearly articulated by the OAS, UN and OSCE Special Rapporteurs quoted in the first part of this report). Thus, while the Court has never ruled that a criminal defamation or insult law is per se in violation of the European Convention, the actual implementation of such a law runs a substantial risk of being found to violate the Convention. In 2002, for example, France was required to pay 4,096.46 Euros to a plaintiff who had been charged with insulting a foreign head of state (the King of Morocco). That same year, Finland was required to pay 8,400 Euros to a plaintiff who had been charged with criminal defamation (with 13 percent interest on the pecuniary damages and 11 percent interest on non-pecuniary damages). As a consequence of this judicial trend--and perhaps an increasing understanding of the civil alternatives to criminal prosecution for defamation--such laws are increasingly viewed as anachronisms. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Relatives Testify to Struggles to Resolve Missing Persons Cases in Former Yugoslavia

    By Bob Hand CSCE Staff Advisor The United States Helsinki Commission held a hearing Friday, August 1, 2003, to address the issue of missing persons in the southeastern region of Europe formerly known as Yugoslavia. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) presided over the hearing which featured testimony from four witnesses who lead non-governmental organizations representing the families of missing persons in Kosovo and Croatia. In his opening statement, Chairman Smith noted the importance of stories from relatives of missing persons to underscore the human tragedy and legacy of the conflicts that erupted in the region. In exploring those experiences, Smith said, those in the United States can begin to empathize with such a heartbreaking issue not often noted as a consequence of conflict. Citing the twenty-eighth anniversary of the Helsinki Final Act, Smith remarked that "nothing is more appropriate for the Helsinki Commission than to have a public hearing not about policies and programs, but about real people who have suffered so much. Like the prosecution of war crimes and crimes against humanity, the resolution of missing persons cases can help bring about at least some closure and help individuals recover from their tragic loss." In prepared remarks for the hearing, Co-Chairman Senator Ben Nighthorse Campbell (R-CO) said, "While we are saddened by the stories our witnesses will tell of missing relatives--some for many, many years--we are also inspired by their courage and leadership as they forge ahead seeking truthful answers." Co-Chairman Campbell emphasized that stringent professional law enforcement procedures are needed throughout the region of Southeast Europe in order to help bring closure to existing cases. Gordana Jaksic is a member of the Board of Directors for the Association of Parents and Families of the Arrested, Captured and Missing in Novi Sad, Serbia. Jaksic testified that her Serbian-based organization is currently investigating cases of 560 missing persons who vanished from 1991 to 1996, immediately following the fall of Yugoslavia. One case is that of her own son, Slobodan, captured by Croatian forces in May 1992 while serving in the Yugoslav People's Army in Bosnia. "Eleven years is a very long time," Jaksic said. "I do not ask for pity. I do not need anyone's pity. I want to [awaken] people's minds and consciousness so that they raise their voices together with mine so that we can reach the truth." In response, Chairman Smith expressed sympathy and added, "The time has come for closure, and the only way that there will be closure is if the political will exists on all sides to get to the bottom of this." Cedomir Maric is President of the Association of Missing Persons from Krajina, a Belgrade-based organization investigating the cases of 2,824 Serbian families from within the territory of Croatia known as Krajina. Maric testified that his dedication to the cause of missing persons began in 1995, when his son, Jalimir, was kidnapped in the town of Knin. "Our struggle has been going on for eight years, but it will continue until we find our loved ones," Maric told the Commission. "As time passes by, we become more conscious of the fact that maybe we will not reach the day, we will not live to the day when we wait for them at home and they come back alive, but we want to continue the struggle to get the remains of our children so that we know where we can bury them and go to light the candle according to our rights." Olgica Bozanic and Verica Tomanovic represent the Belgrade-based Association of Family Members of Missing and Kidnapped Individuals. Bozanic described her five-year search for fourteen of her relatives who disappeared in Kosovo in 1998, during a period of high-intensity conflict involving the Kosovo Liberation Army (KLA). "Serbs were kidnapped everywhere," Bozanic stressed. Bozanic, who actually met with those responsible for her family members' disappearances, expressed frustration with the International Criminal Tribunal for the former Yugoslavia, which is prosecuting Balkan war crimes. Citing repeated contact with Tribunal Chief Prosecutor Carla del Ponte. Bozanic explained that authorities were hesitant to assert jurisdiction in the cases of the families represented by her organization. "I wanted to achieve something while people in my family were still alive, but Carla Del Ponte answered that they cannot arrest anybody or indict anybody because they have no evidence," Bozanic said. "I asked what they considered as evidence. I was told that if there were no bodies, there was no evidence." Tomanovic discussed the work of her organization, formed in 2000 to bring organized power to many individual cases languishing before international and local authorities. Today, 1,303 families of those kidnapped since 1998 in Kosovo are represented. "We are a non-governmental humanitarian organization and our only goal is to find the truth about the fate of our loved ones," Tomanovic said in her testimony. "All of these kidnappings and abductions had the same goal, which was the cleansing of Kosovo and Metohija of the Serbs," Tomanovic said. "It has been thousands of nights for some mothers who have not slept at all since their loved ones disappeared. There are children who [are] waiting for their fathers. There is so much pain and suffering, and this anxiety is more horrible than any truth." Tomanovic's husband, Dr. Andrija Tomanovic, is one of the victims her organization represents. A popular full-time professor and vice president of the Red Cross of Serbia and Kosovo, Dr. Tomanovic was kidnapped in June 1999 at a Pristina Hospital, supposedly guarded by the UN Mission in Kosovo (UNMIK). Tomanovic echoed Bozanic's discontent with the responsiveness of international authorities. After reporting her husband's kidnaping to KFOR and UNMIK officials, Tomanovic said she received a warm welcome, but limited direct action with no result. "I have to emphasize that we have a very active cooperation with the UNMIK office in Belgrade, but we are not satisfied with this cooperation because there is no result," Tomanovic said. "The UNMIK has not helped Serbs, not even once, to resolve at least one case. I believe that we can find the truth very quickly if those people who kidnapped our loved ones are arrested." Maric added that his group has had no direct contact with the Croatia military on their cases. Chairman Smith responded, "If we are to have faith in the military of Croatia, the least they can do is be absolutely aggressive, thorough and transparent in resolving missing persons issues as it relates to their military." Adjourning the hearing, Chairman Smith indicated the Commission would hold additional sessions addressing the missing persons issue elsewhere in the war-torn areas of Southeast Europe. Subsequently the Commission scheduled a hearing, Missing Persons in Southeast Europe (Part 2), for September 18, 2003. The hearing was cancelled due to a hurricane which swept the U.S. Eastern Seaboard. The scheduled witnesses, all ethnic Albanians from Kosovo, have been asked to provide written testimony for the combined record. All Commission hearings and briefings are open to the public. Interested media and other individuals are encouraged to attend. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Mayor Giuliani, Chairman Smith Lead U.S. Delegation to OSCE Conference on Anti-Semitism

    By H. Knox Thames CSCE Counsel The Organization for Security and Cooperation in Europe (OSCE) held an historic international conference in Vienna, Austria on June 19-20 to discuss anti-Semitism within the 55 participating States. While the OSCE states have addressed anti-Semitism in the past, the Vienna Conference represented the first OSCE event specifically devoted to anti-Semitism. Former New York City Mayor Rudolph W. Giuliani and United States Helsinki Commission Chairman Rep. Christopher H. Smith (N-04J) led the United States delegation. Commissioner Rep. Alcee L. Hastings (D-FL), who currently serves as a Vice President of the OSCE Parliamentary Assembly, was also part of the U.S. delegation. Public members of the delegation were: Rabbi Andrew Baker, American Jewish Committee; Abraham Foxman, Anti-Defamation League; Cheryl Halpern, National Republican Jewish Coalition; Malcolm Hoenlein, Conference of Presidents of Major American Jewish Organizations; Mark Levin, NCSJ; and, Daniel Mariaschin, B’nai B’rith. U.S. Ambassador to the OSCE, Stephan M. Minikes, and the U.S. Special Envoy for Holocaust Issues, Ambassador Randolph Bell, also participated. The personal representative of the Dutch OSCE Chair-in-Office, Ambassador Daan Everts, opened the meeting expressing dismay that in the year 2003 it was necessary to hold such a conference, but "we would be amiss not to recognize that indeed the necessity still exists." Bulgarian Foreign Minister Solomon Passy declared "anti-Semitism is not a part of [Europe’s] future. This is why this Conference is so important, and I believe it will have a strong follow-up." Former Polish Foreign Minister Wladyslaw Bartoszewski, a Holocaust survivor, cited free societies as an essential element in combating anti-Semitism. The European Union statement, given by Greece, noted that anti-Semitism and racism are "interrelated phenomena," but also stated "anti-Semitism is a painful part of our history and for that requires certain specific approaches." Mayor Giuliani began his remarks to the opening plenary with a letter from President Bush to conference participants. Citing his visit to the Nazi death camp at Auschwitz, the President recalled the "inhumanity and brutality that befell Europe only six decades ago" and stressed that "every nation has a responsibility to confront and denounce anti-Semitism and the violence it causes. Governments have an obligation to ensure that anti-Semitism is excluded from school textbooks, official statements, official television programming, and official publications." Many OSCE participating States assembled special delegations for the conference. The German delegation included Gert Weisskirchen, member of the German parliament and a Vice President of the OSCE Parliamentary Assembly, and Claudia Roth, Federal Government Commissioner for Human Rights, Policy and Humanitarian Aid. The Germans called for energetic actions by all the participating States to deal with anti-Semitism and stressed the need for appropriate laws, vigorous law enforcement and enhanced educational efforts to promote tolerance. Mr. Weisskirchen stressed that anti-Semitism was a very special form of bigotry that had haunted European history for generations and therefore demanded specific responses. In this spirit, Germany offered to host a follow-up OSCE conference in June 2004 focusing exclusively on combating anti-Semitism that would assess the progress of initiatives emerging from the Vienna Conference. The French delegation was led by Michel Voisin of the National Assembly, and included the President of the Consistoire Central Israelite de France, Jean Kahn, and representatives from the Ministry of Justice and the Office of Youth Affairs, National Education and Research. The French acknowledged with great regret the marked increase in anti-Semitic incidents that have occurred in France during the past two years. In response, France had passed new laws substantially increasing penalties for violent "hate crimes," stepped up law enforcement and was in the process of revising school curricula. The work of the conference was organized under several focused sessions: "Legislative, Institutional Mechanisms and Governmental Action, including Law Enforcement"; "Role of Governments in Civil Society in Promoting Tolerance"; "Education"; and, "Information and Awareness-Raising: the Role of the Media in Conveying and Countering Prejudice." Mayor Giuliani noted the fact that the conference was being held in the same building where Hitler announced the annexation of Austria in 1938. "It’s hard to believe that we’re discussing this topic so many years later and after so many lessons of history have not been learned; and I am very hopeful that rather than just discussing anti-Semitism, we are actually going to do something about it, and take action." Giuliani, drawing on his law enforcement background and municipal leadership, enumerated eight steps to fight anti-Semitism: 1) compile hate crime statistics in a uniform fashion; 2) encourage all participating States to pass hate crime legislation; 3) establish regular meetings to analyze the data and an annual meeting to examine the implementation of measures to combat anti-Semitism; 4) set up educational programs in all the participating States about anti-Semitism; 5) discipline political debate so that disagreements over Israel and Palestine do not slip into a demonizing attack on the Jewish people; 6) refute hate-filled lies at an early stage; 7) remember the Holocaust accurately and resist any revisionist attempt to downplay its significance; and 8) set up groups to respond to anti-Semitic acts that include members of Islamic communities and other communities. Commissioner Hastings identified a "three-fold role" governments can play in "combating anti-Semitic bigotry, as well as in nurturing tolerance." First, elected leaders must "forthrightly denounce acts of anti-Semitism, so as to avoid the perception of silent support." He identified law enforcement as the second crucial factor in fighting intolerance. Finally, Hastings noted that while "public denunciations and spirited law enforcement" are essential components to any strategy to combat anti-Semitism, they "must work in tandem with education." He concluded, "if we are to see the growth of tolerance in our societies, all governments should promote the creation of educational efforts to counter anti-Semitic stereotypes and attitudes among younger people and to increase Holocaust awareness programs." Commission Chairman Christopher H. Smith, who served as Vice Chair of the U.S. delegation to the Vienna Conference, highlighted how a "comprehensive statistical database for tracking and comparing the frequency of incidents in the OSCE region does not exist, [and] the fragmentary information we do have is indicative of the serious challenge we have." In addition to denouncing anti-Semitic acts, "we must educate a new generation about the perils of anti-Semitism and racism so that the terrible experiences of the 20th century are not repeated," said Smith. "This is clearly a major task that requires a substantial and sustained commitment. The resources of institutions with special expertise such as the U.S. Holocaust Memorial Museum must be fully utilized." In his closing statement Giuliani stressed that anti-Semitism "has its own history, it has a pernicious and distinct history from many prejudicial forms of bias that we deal with, and therefore singular focus on that problem and reversing it can be a way in which both Europe and America can really enter the modern world." He enthusiastically welcomed the offer by the German delegation to hold a follow-up conference on anti-Semitism, in Berlin in June 2004. Upon their return to Washington, Giuliani and Smith briefed Secretary Powell on the efforts of the U.S. delegation in Vienna and the importance of building upon the work of the Conference at the parliamentary and governmental levels. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • OSCE Holds First Annual Security Review Conference

    By Bob Hand CSCE Staff Advisor The Organization for Security and Cooperation in Europe organized a two-day Annual Security Review Conference (ASRC) on June 25 and 26, 2003, in Vienna, Austria. The U.S. proposal to hold this conference was approved in December 2002 by the OSCE's Foreign Ministers' meeting in Porto, Portugal. The conference's goal was to provide increased emphasis and profile to hard security questions from agreements in conventional arms control and Confidence- and Security-Building Measures (CSBMs) to police-related activities and combating terrorism. In this sense, the ASRC differs from OSCE's Annual Implementation Assessment Meeting held under the auspices of the OSCE Forum for Security Cooperation, which more narrowly focuses on CSBM implementation. The meeting consisted of opening and closing plenary sessions, and four working groups devoted to a) preventing and combating terrorism; b) comprehensive security; c) security risks and challenges across the OSCE region; and d) conflict prevention and crisis management. U.S. Priorities for the Implementation Review Leading up to the conference, Helsinki Commission Co-Chairs Christopher H. Smith (R-NJ) and Ben Nighthorse Campbell (R-CO) urged the U.S. Department of State to conduct a thorough implementation review which focused on the need for the participating States to comply with their security-related OSCE commitments. Russian military operations in Chechnya and the Caucasus, democratic political control over the military, security forces and intelligence services, so-called "frozen conflicts" like those in Moldova and the Caucasus, combating terrorism, money laundering and non-proliferation were subjects of particular concern noted by the co-chairs. Conference keynote speaker Adam Rotfeld, Polish Deputy Foreign Minister, stressed that the biggest threat to the OSCE was the support by criminal and dictatorial regimes for terrorists. The organization needed to give particular focus on the Caucasus and Central Asian countries in an effort to meet this threat by building institutions and establishing the rule of law. It was also suggested that OSCE look beyond its traditional areas and include the partners countries in its activities, wherever possible. Greece, speaking for the EU, noted the OSCE's value to provide early warning, post-conflict rehabilitation, and conflict management. The EU urged that very high priority be given to human trafficking, termed "the piracy of today." Germany stressed the need to strengthen the police and border management in troubled regions. Ambassador Cofer Black, Secretary of State Colin L. Powell's Senior Advisor for Counter Terrorism, urged the OSCE to focus on concrete and achievable steps to fight the financing of terrorism and press all 55 participating States to become parties to the 12 UN Conventions on Terrorism. Black recommended that the OSCE be used to strengthen travel and document security with a goal of including bio-metric data (based on the physical composure of an individual's hand or retina) in the travel documents of individuals from all participating States and sharing information on lost and stolen passports. Several delegations cited the need to do more to restrict illicit weapons trade and cited the Bishkek and Bucharest documents as blueprints for practical action. The need to limit the availability of man portable air defense systems (MANPADS) was cited by several delegations. The United States noted that, in preparing for the December OSCE Maastricht Ministerial, particular focus should be given to the priorities cited in the 2003 G-8 Action Plan which includes steps to control proliferation of MANPADS, increased security of sea transport and more effective travel documentation. These priorities were stressed by the new OSCE Special Representative for Counter Terrorism, Brian Wu, who suggested that the area of biological weaponry might need particular attention and asked if more emphasis might be placed on non-banking sources when looking into the financing of terrorism. In the working session on conflict prevention and crisis management, delegations acknowledged OSCE's lack of a "big stick" and the need to work closely with organizations and governments who had such instruments. Nevertheless, the OSCE has a good "tool box" for a variety of actions and is using it for actions such as the destruction of arms stockpiles in Georgia, police training in Kosovo, and facilitating the withdrawal of Russian troops and arms from Moldova. The Representative on Freedom of the Media noted the importance of monitoring hate speech, creating public awareness of arms trafficking and protecting journalists in conflict areas. Most delegations agreed that the OSCE had neither the mandate nor the resources to be a peacekeeping organization, but Russia emphasized it did not share this view and recommended that possibilities for joint action be discussed by OSCE with NATO and the EU. Macedonia hailed the success of the OSCE Mission in helping to manage its internal conflict. The Code of Conduct on Politico-Military Aspects of Security and the work of the Forum on Security Cooperation on small arms and light weapons are positively assessed as a contribution to the larger effort of arms control and conflict risk reduction in Europe. Limits on how much further some of these efforts could be developed, however, were questioned, and there was resistance to actual revision of some of the agreements already reached. In the past year, the OSCE has begun to look at new security risks and challenges across the region. Organized crime, including arms trafficking, was frequently highlighted as something which needed additional cooperative efforts to combat. Among the most important developments are OSCE efforts to assist countries in Central Asia and the Caucasus to improve their police services, drawing on experience gained in southeastern Europe. Throughout the meeting there was a pronounced tendency to be long on generalities and short on specifics. For example, it was noted that only 38 percent of the 55 participating States have become parties to all 12 United Nations conventions and protocols on combating terrorism, a clear OSCE commitment, yet the countries which have not were never named nor asked to explain their implementation records. Indeed, one OSCE insider concluded that the discussion on implementation of commitments to combat terrorism was not much advanced from the discussion which surrounded the earlier negotiation of those commitments. An Ambassador went as far as to remark during a plenary session that some previous statements were little more than "preemptive self-justification." Critics of the ASRC, however, should keep in mind this was the first review conference of its kind. Certainly the implementation review meetings for the human and economic dimensions of the OSCE have had to evolve and adapt over the years. For the security dimension though, calling participating States to account for instances of non-compliance has not similarly developed. As U.S. Ambassador to the OSCE Stephan M. Minikes asserted in his closing statement, "This first Annual Security Review Conference has accomplished what we realistically expected it would. We must recognize that this is the first time that this conference has been held. There will be matters to work out over time. But the fact that we have made a start is very significant and together with our partners from other European and Euro-Atlantic security organizations there is much to do to follow up." Looking Ahead There are several ways in which the ASRC could be improved next year. The Annual Security Review Conference could go beyond its sole focus on OSCE tools and issues and devote specific time to actions taken by the participating States themselves. The benefit of such a review would justify the conference being lengthened by at least one day. As Under Secretary of State John R. Bolton testified at a Helsinki Commission hearing in May, "Heretofore, we have not seen the OSCE as being as much a possible vehicle to help get the kind of [non-proliferation] compliance we want. And that's why I think it's worth exploring." Perhaps more critical to the dialogue would be the opening of the ASRC to a wider audience. The OSCE's other review meetings are already open, not just to observation by those outside government but to participation by NGOs as well. In a letter to the State Department, Helsinki Commission Co-Chairmen Rep. Smith and Senator Campbell urged greater openness and transparency. They were told, however, that for the first ASRC non-inclusion of non-governmental organizations was intended to promote greater dialogue and a more critical review. Only national delegations, OSCE institutions and other European-based international organizations were invited to participate in the inaugural conference. The modalities for the conference did state that "security-related scientific institutes or 'think tanks' of international standing would be considered to be invited as keynote speakers or otherwise be represented as members of national delegations." However, the effort to do so seemed fairly limited and the "greater dialogue" and "more critical review" was not fully realized. The OSCE could do much more to draw on the wealth of expertise among security-related institutions in the United States and elsewhere. If some view the kind of NGO participation seen at other implementation meetings as not conducive to a productive meeting on security issues, at least greater use of public members on national delegations and greater use of expert analysis and insight could be pursued. Short of participation, allowing public observation would permit others a chance to see more clearly how the OSCE and its participating States address security in Europe, and opportunities to engage one-on-one with government officials in the corridors and side events. The State Department has indicated a willingness to look at possible NGO inclusion for future ASRC meetings. Finally, the development of the ASRC should be considered in the broader context of maintaining the balance among the dimensions of the OSCE which has been one of its traditional strengths. Giving balancing to the OSCE's activities was the primary justification for the ASRC. But the level of activity ultimately needs to be based on the need to promote balanced progress in the actual implementation of OSCE commitments. One very positive aspect of the review conference was the deferral of other OSCE activity in Vienna during the meeting which permitted delegates to focus their attention exclusively toward the ASRC. In the past, this has not been the case for human dimension and economic review meetings, which have had to compete with a plethora of meetings, diminishing the focus and participation of some delegations. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Helsinki Commission Examines Plight of Internally Displaced Persons

    By Knox Thames CSCE Counsel The United States Helsinki Commission held a hearing June 10, 2003, focusing on the plight of an estimated three million internally displaced persons (IDPs) in the Caucasus region and southeastern Anatolia. The region has become a temporary dwelling place to the single largest body of displaced persons in the region covered by the Organization for Security and Cooperation in Europe (OSCE). Testifying at the hearing were Dr. Francis Deng, United Nations Secretary General's Representative on Internally Displaced Persons; Ms. Roberta Cohen, Co-Director of the Brookings-SAIS Project on Internal Displacement; Dr. Maureen Lynch, Director of Research for Refugees International; and Mr. Jonathan Sugden, Researcher in the Europe and Central Asia Division at Human Rights Watch. Mr. Gabriel Trujillo, Mission Head for Doctors Without Borders of the Russian Federation was scheduled to testify, but encountered unexpected delays in Moscow. Mr. Nicolas de Torrente, Executive Director of Doctors Without Borders, U.S.A. graciously delivered Mr. Trujillo's opening statement. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) opened the hearing, describing how protracted conflicts in Georgia, Azerbaijan, Armenia and the North Caucasus of the Russian Federation have diminished the prospects of displaced persons safely returning home. He noted that few individuals have been allowed to return to southeastern Turkey, despite the lifting of the last state of emergency in late 2002. "We must address this problem now as thousands and thousands of individuals are suffering," said Smith. "More must be done to find just, realistic and durable solutions." Helsinki Commission Co-Chairman Senator Ben Nighthorse Campbell (R-CO) stated in written remarks, "As an American Indian, I am particularly sensitive to the plight of men, women and children who have been uprooted from their homes. Whether due to conflict, natural disaster or other causes, the displaced cling to the hope they will one day be able to return home." Campbell added that with millions waiting to return, "it is the responsibility of individual participating States and the international community to meet the needs of these individuals while working to create the conditions necessary for their return in safety and dignity." Ranking Member Rep. Benjamin L. Cardin (D-MD) emphasized the need for the hearing to both ascertain the precise situation of IDPs in the region and to bring greater attention to their needs. He expressed hope that the hearing would provide information and ideas on how the State Department and the U.S. Congress could play a role in assisting the internally displaced. Commissioner Rep. Joseph R. Pitts (R-PA) called the condition of IDPs in the region "urgent," as they suffer not only from a lack of food, medical aid, and education, but also from the inability to return home. "Some fear government action against them. Others fear rebel action. Others fear both," Pitts noted. Dr. Deng is the author of the UN Guiding Principles on Internal Displacement which recognized international norms for the rights of the displaced and the corresponding duties of states in protecting those rights. He provided an overview of the situation in the region, characterizing IDPs as having the same needs as refugees, "but worse." Since IDPs do not leave their country, they remain more or less within the conflict zone, faced with the same threats that caused their flight. While their home governments bear primary responsibility for their safety and security, Deng noted in many cases IDPs become in effect political hostages. By not resettling the displaced and allowing free integration, the government uses them as bargaining chips in the political conflict. When the government fails to act, the displaced often fall into a "vacuum of responsibility," Deng observed, noting that the world cannot sit and watch and do nothing. Ms. Cohen offered a series of recommendations for the OSCE on issues pertaining to IDPs. "The OSCE, more than most regional organizations, has tremendous potential for dealing with the problem of internal displacement in the European region," stated Cohen. "It also has the responsibility to do so." Although recognizing that in recent years the OSCE has expanded its involvement with problems of internal displacement, Cohen noted that these steps have been largely ad hoc and too small. She recommended that the OSCE systematically integrate internal displacement into its activities, particularly within the Caucasus region and southeastern Anatolia, using the UN Guiding Principles on Internal Displacement as a framework. Cohen specifically urged OSCE bodies to ensure the right of IDPs to vote. In addition, Cohen identified the OSCE/ODIHR migration unit as the potential focal point for activities within the organization and contended that, if these recommendations are carried out, it would positively impact the situation in the Caucasus and Turkey. Russian Federation Gabriel Trujillo's prepared statement outlined the results of a Doctors Without Borders' survey conducted in February 2003 that polled over 16,000 displaced Chechens housed in camps in neighboring Ingushetia. When questioned about returning to Chechnya, an overwhelming majority of respondents said they were too afraid for their safety to return. Notably, individuals interviewed did not consider the availability of humanitarian aid available in Ingushetia as a reason to stay. The ongoing violence has kept UNHCR from certifying Chechnya as a safe return destination. International aid agencies, including Doctors Without Borders, are choosing to limit or suspend their operations out of concern for the safety of aid workers. Mr. de Torrente pointed to recent abductions, including Doctors Without Borders volunteer Arjan Erkel still missing from nearby Daghestan after ten months, as exemplifying the security situation in the region. "If present security conditions in Chechnya and the neighboring republics are not adequate for humanitarian workers to carry out assistance activities," asked de Torrente, "why would they be considered adequate for civilian Chechens to return and resume their normal lives?" Despite this lack of security, the UN estimates that more than 38,000 IDPs from Ingushetia returned to Chechnya last year. Respondents to the survey said people are left with little choice. They report that officials have threatened to cut off assistance in Ingushetia and block future aid in Chechnya for those refusing to leave immediately. Also, Russian troops reportedly are stationed near IDP camps and authorities limit assistance from international agencies, all to pressure IDPs to return to Chechnya. De Torrente concluded, "The results of the survey are a clear indication that the basic rights of displaced people to seek safe refuge, to be protected and assisted properly in a time of conflict, and only to return home voluntarily as guaranteed by international humanitarian law are not being respected." Turkey Mr. Sugden described the situation in southeastern Turkey, where approximately 400,000 to one million people, mostly of Kurdish heritage, fled their villages during the conflict with the PKK. Relative peace returned to the region by 2001, yet the majority of Turkey's displaced have been unable to return home. Sugden noted that often local authorities will not permit villages to be re-inhabited, while in other cases the gendarmes or village guards block resettlement, often by threat or use of violence. While the Government of Turkey has policies and programs aimed at returning the displaced to their homes, Sugden asserted, they have "consistently been underfunded and ill-conceived, falling far short of established international standards." Because of this, the international community has been reluctant to get involved. "Instead of helping villagers to get international assistance, the government, with its flawed plans, is actually standing in their path," he remarked. Sugden noted that the implementation of a fair and effective return program for the displaced populations in Turkey would also serve the country's goal of EU membership. He urged the Helsinki Commission to use its leverage in encouraging Turkey "as a matter of urgent priority" to convene a planning forum with the goal of creating a return program meeting international standards. Azerbaijan and Georgia Dr. Lynch estimated that in the South Caucasus there are currently some 250,000 displaced individuals from the Abkhazia and South Ossetia conflicts in Georgia and over 572,000 displaced from the Nagorno-Karabakh conflict in Azerbaijan. Although political solutions would provide the best opportunity for these groups to return home, the frozen nature of the conflicts makes that a remote possibility. In addition, Lynch asserted that the Georgian and Azeri Governments have failed to provide alternative integration opportunities, thereby maintaining the displaced as "political pawns." In Azerbaijan, only about ten percent of IDPs live in camps. The rest have settled in abandoned hotels, railway cars, or underground dugouts, all of which represent serious health hazards from air and water quality to the risk of structural collapse. The lucky few provided with government-funded housing find themselves located far from jobs and on unirrigated land unsuitable for farming. Nevertheless, Dr. Lynch maintains that Azerbaijan is full of potential; it is an oil-rich country with a highly literate population. "The answer to Azerbaijan's trouble is not found only in resolution of the Nagorno-Karabakh conflict," he asserted, "Azerbaijan must protect itself from corruption and use all of its resources to look to the future." In Georgia, the living conditions for IDPs are just as harsh, but with the added difficulty of only sporadic food aid. There is also a severe lack of even basic healthcare accessible to IDPs and virtually no psychosocial assistance. What healthcare is available is often too expensive for the displaced, resulting in many IDPs dying from curable ailments. Dr. Lynch declared that both Azerbaijan and Georgia must develop long-term solutions for their displaced populations, but they must also allow relief aid to arrive unhindered. In particular, Georgia must lift the import tax it imposed on humanitarian goods, which is currently blocking effective aid distribution, and both countries must work to create economic opportunities for IDPs. She further urged governments to be transparent in their plans, thereby encouraging continued participation of the international community. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Helsinki Commission Members Press Belgrade to Apprend Indicted War Criminals, Cooperate with Hague Tribunal

    By Bob Hand CSCE Staff Advisor   On June 16, 2003, Secretary of State Colin Powell certified that Serbia and Montenegro met U.S. criteria set forth in section 578 of the Consolidated Appropriations Resolution. These criteria include Serbia and Montenegro’s level of cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). Without certification, certain bilateral assistance to Serbia would have been withheld. Leading Members of the United States Helsinki Commission have long been concerned with the level of cooperation by the Government of Serbia and Montenegro with ICTY and have consistently urged the authorities in Belgrade to do more. Concerned Commissioners have sought to increase attention paid to developments in Serbia in the aftermath of the March assassination of reformist Prime Minister Zoran Djindjic. There is a general sense among Commission leaders that while Belgrade’s cooperation with the Tribunal has been improving, it still remains insufficient. In the lead up to the June 15th certification deadline, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) participated in a Commission public briefing featuring Carla Del Ponte, Chief Prosecutor of the Tribunal. As of the May 15th briefing, Del Ponte characterized cooperation from Belgrade as uncertain, underscoring that movement comes only when it is seen as politically beneficial for the Serbian Government. She noted some cooperation in accessing documents; however, for more than a year, the prosecution has pushed for the transfer of 155 Serbian documents in connection with the Milosevic trial without success. Del Ponte expressed concern over the failure to detain wanted fugitives – particularly Veselin Sljivancanin, indicted for the 1991 Vukovar massacre in Croatia, and Ratko Mladic and five others wanted in connection with the 1995 Srebrenica massacre in Bosnia-Herzegovina. “Mladic is a great mystery because we know where Mladic is,” she asserted. “We passed this information to the Serbian Government in Belgrade, and nothing happened.” Del Ponte stressed that if law and order is to prevail criminal justice must be credible. Failure to bring together all those accused to trial frustrates the progress of the Tribunal and forces the witnesses to present repeatedly their own horrific accounts each time a separate case is brought to trial. She also assessed cooperation with Croatia, Bosnia-Herzegovina, and Kosovo during the course of the briefing. In a letter dated May 23, five Members of the Helsinki Commission urged Secretary of State Colin Powell to utilize the time prior to the certification deadline to press authorities in Belgrade to take the steps necessary to meet the certification requirements. The Commissioners recognized the significant strides Serbia has made in cooperation with the Tribunal, but underscored that “a failure to apprehend Mladic and other notorious war criminals soon would be a serious setback to the cause of reform and recovery at home and further delay Serbia’s integration in Europe.” The letter was signed by Co-Chairmen Rep. Christopher H. Smith (R-NJ) and Senator Ben Nighthorse Campbell (R-CO), and Commissioners Rep. Steny H. Hoyer (D-MD), Senator Christopher J. Dodd (D-CT) and Rep. Benjamin L. Cardin (D-MD). The United States Helsinki Commission held a second briefing on June 4, detailing Serbia and Montenegro’s cooperation with the Tribunal, and the prospects for human rights and democratic development in Serbia since the lifting of the state of emergency imposed after Djindjic’s assassination. Helsinki Commission Senior Advisor Donald Kursch opened the briefing, welcoming the tough measures authorities in Belgrade have taken in the wake of Mr. Djindjic’s murder to crack down on criminal elements. Nina Bang-Jensen, Executive Director and General Counsel for the Coalition for International Justice, described Serbia’s actual cooperation with the Court as “very limited, begrudging, and only under pressure.” After last year’s certification, Serbia’s government promised a consistent pattern of cooperation, but only three surrenders and one arrest have followed. Bang-Jensen cited the failure to apprehend nineteen Bosnian Serb and Serbian indicted suspects, either living within Serbia or frequently crossing into Serbia, as an indication that the current government is inclined to protect the old regime. Elizabeth Andersen, Executive Director of the Europe and Central Asia Division of Human Rights Watch, recommended that the United States look not only at Serbia’s cooperation with the ICTY, but to its overall level of commitment to rule of law. Following Djindjic’s assassination in March, the Serbian Government imposed a state of emergency to crack down on organized crime. It is estimated that more than 10,000 people were held incommunicado for up to two months under this guise. International monitors were denied access to detainees until recently, and Andersen noted that released detainees reported widespread abuse. Despite increasing pressure from the international community on Serbia’s domestic courts to shoulder greater responsibility for holding war criminals accountable, only four domestic trials were held this year. There is also no indication of upcoming trials or of a permanent commitment to such a process. Trials that have proceeded suffered from a lack of witness protection, poor case preparation by prosecutors, and problems facilitating witnesses traveling from other areas of the former Yugoslavia. James Fisfis, Resident Program Officer for Serbia at the International Republican Institute, remained optimistic. Fisfis presented the results of an IRI survey suggesting that 56 percent of Serbian citizens believe the country is now on the right track, up from 38 percent before the assassination. Sixty-four percent of Serbian respondents currently support cooperation with The Hague, seeing it as a necessary measure toward gaining international acceptance. The data suggest a window of opportunity exists for pressure to reform to have an impact. Ivan Vujacic, Ambassador of Serbia and Montenegro to the United States, acknowledged that “more can be done and more will be done” in cooperation with the Tribunal, but focused on the progress made over the last two and half years, which he described as “remarkable.” In particular, he pointed to the recent arrests of three “pillars of Milosevic’s rule”: Miroslav Radic, Franko Simatovic, and Jovica Stanisic. Ambassador Vujacic said that the Serbian Government was highly committed to protecting human rights. He stated that during the war “the ultimate human right, the right to life was taken from the victims in atrocities defined as war crimes and crimes against humanity.” Vujacic promised that all indictees in the territory of Serbia and Montenegro will be arrested and transferred to The Hague. A second Helsinki Commission letter to Secretary of State Powell dated June 12th, declared that certification could not be justified at the time. The letter concluded: “To certify would be detrimental to U.S. foreign policy goals supporting international justice and successful and complete democratic change in Serbia.” The letter reiterated that the Serbian authorities had yet to arrest and transfer Mladic and other indictees who are most likely in Serbia, and even this did not define the full cooperation with the Tribunal desired. Commission Members warned that if certification occurred while the required conditions remained unmet, the United States’ ability to affect change in Serbia would be diminished, making it more difficult for Serbia’s political leadership to undertake necessary reforms. Some Commission Members view the June 13 arrest of the indicted war crimes suspect Veselin Sljivancanin by the Belgrade authorities as an important positive step toward increased cooperation with the ICTY. However, continued failure to apprehend Mladic and other leading indictees remains a serious cause of concern that places barriers to Serbia and Montenegro’s full re-integration into the international community. In a press release announcing certification, State Department spokesman Richard Boucher asserted that the Secretary’s decision to certify does not indicate that Serbia has fulfilled its commitment. “We have made clear ... that the United States expects further actions to be taken in order to meet those obligations,” Boucher said, “including by arresting and transferring Radovan Karadzic and Ratko Mladic.” The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

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