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List of Organizations Involved in Exchange Programs with the Soviet Union and Eastern Europe
Wednesday, October 01, 1986

The Commission developed this report to help in­terested persons and organizations participate in exchange pro­grams with the Soviet Union and the countries of Eastern Europe: Poland, East Germany, Czechoslovakia, Hungary, Romania, and Bulgaria. It lists organizations which conduct exchange programs and other contacts with these countries.

The parties to the Final Act of the Conference on Security and Cooperation in Europe declared their intention to expand cooperation in security, economic, humanitarian, information, culture, and education affairs and to respect and put into practice certain basic principles, including those of human rights. The Final Act was signed in Helsinki on August 1, 1975, by 35 heads of state or govern­ment, including the United States, Canada, and every state in Europe except Albania.

The Commission on Security and Cooperation in Europe (Helsin­ki Commission) was created as an independent government agency in 1976 to monitor compliance with the Final Act and to encourage U.S. governmental and private programs to expand East-West eco­nomic and cultural cooperation and exchange of people and ideas.

In the Final Act, the signatories express the view that cultural exchanges and development of relations in education and science contribute to the strengthening of peace, better mutual under­ standing, and enrichment of the human personality. In the Com­ mission's view, exchange programs with the Soviet bloc countries break down barriers and lessen distrust. They help Americans learn about the views and goals of these societies. Such programs help expose the peoples of these countries to the values and goals of our pluralistic society. Critical to such programs is that Americans are given the opportunity to tell the Soviets and their allies on a personal level about their concern for human rights and fundamental freedoms.

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  • Do Registration Requirements Thwart Religious Freedom?

    Mr. Speaker, the “Helsinki” Commission on Security and Cooperation in Europe recently convened a briefing which examined the policies of various governments which require registration of religious groups and the effect of such policies on the freedom of religious belief and practice. There was evidence that such requirements can be, and often are, a threat to religious freedom among countries in the Organization for Security and Cooperation in Europe (OSCE). As Co-Chairman of the Helsinki Commission, mandated to monitor and encourage compliance with the Helsinki Final Act and other OSCE commitments, I have become alarmed over the past decade by the creation of new laws and regulations in some OSCE countries that serve as a roadblock to the free exercise of religious belief. These actions have not been limited to emerging democracies, but include Western European countries such as Austria. Many of these laws are crafted with the intent to repress religious communities deemed nefarious and dangerous to public safety. One cannot deny that certain groups have hidden behind the veil of religion in perpetrating monstrous and perfidious acts. The September 11th tragedies have been a grim reminder of that. Yet, while history does hold examples of religion employed as a tool for evil, these are exceptions and not the rule. In our own country, during the Civil Rights Movement, religious communities were the driving force in the effort to overturn the immoral “separate but equal” laws and provide legal protections. If strict religious registration laws had existed in this country, government officials could have clamped down on this just movement, possibly delaying long overdue reform. While OSCE commitments do not forbid basic registration of religious groups, governments often use the pretext of “state security” to quell groups espousing views contrary to the ruling powers’ party line. Registration laws are often designed on the premise that minority faiths are inimical to governmental goals. Proponents of more strenuous provisions cite crimes committed by individuals in justifying stringent registration requirements against religious groups, ignoring the fact that criminal laws should be adequate to combat criminal activity. In other situations, some governments have crafted special church-state agreements, or concordats, which exclusively give one religious group powers and rights not available to other communities. By creating tiers or hierarchies, governments run the risk of dispersing privileges and authority in an inequitable fashion, ensuring that other religious groups will never exist on a level playing field, if at all. In a worst case scenario, by officially recognizing “traditional” or “historic” communities, governments can reflect an ambivalence towards minority religious groups. Such ambivalence can, in turn, create an atmosphere in which hostility or violence is perpetrated with impunity. The persistent brutality against Jehovah’s Witnesses and evangelical groups in Georgia is an example of State authorities’ failure to bring to justice the perpetrators of such violence. Mr. Speaker, religious registration laws do not operate in a vacuum; other rights, such as freedom of association or freedom of speech, are often enveloped by these provisions. Clamping down on a group’s ability to exist not only contravenes numerous, long-standing OSCE commitments, but can effectively remove from society forces that operate for the general welfare. The recent liquidation of the Salvation Army in Moscow is a lucent example. Who will suffer most? The poor and hungry, who now benefit from the Salvation Army’s ministries of mercy. Each OSCE participating State has committed to full compliance with the provisions enumerated in the various Helsinki documents. The Bush Administration’s commitment to religious freedom has been clearly articulated. In a March 9, 2001 letter, Dr. Condoleezza Rice, National Security Advisor, wrote: “President Bush is deeply committed to promoting the right of individuals around the world to practice freely their religious beliefs.” She also expressed her concern about religious discrimination. In a separate letter on March 30th of this year, Vice President Dick Cheney echoed this commitment when he referred to the promotion of religious freedom as “a defining element of the American character.” He went on to declare the Bush Administration’s commitment “to advancing the protection of individual religious freedom as an integral part of our foreign policy agenda.” Since the war on terrorism was declared, the President has made clear the distinction between acts of terrorism and religious practice. In his address to the country, Mr. Bush stated: “The enemy of America is not our many Muslim friends....... Our enemy is a radical network of terrorists and every government that supports them.” He further stated, “The terrorists are traitors to their own faith, trying, in effect, to hijack Islam itself.” Accordingly, I believe this administration will not stray from supporting religious freedom during this challenging time. Out of concern about recent developments and trends in the OSCE region, the Helsinki Commission conducted this briefing to discuss registration roadblocks affecting religious freedom. I was pleased by the panel of experts and practitioners assembled who were kind enough to travel from Europe to share their thoughts and insights, including Dr. Sophie van Bijsterveld, a professor of law in The Netherlands and current Co-Chair of the OSCE Advisory Panel of Experts on Freedom of Religion or Belief, Dr. Gerhard Robbers, a member of the OSCE Advisory Panel of Experts and professor of law in Germany; Mr. Vassilios Tsirbas, interim executive director and senior legal counsel for the European Centre for Law and Justice in Strasbourg; and Col. Kenneth Baillie, commanding officer for the Salvation Army in Eastern Europe. Dr. van Bijsterveld made the point that “the assessment of registration from the point of view of religious liberty depends entirely on the function that registration fulfills in the legal system, and the consequences that are attached to registration.” She continued: “A requirement of registration of religious groups as a pre-condition for the lawful exercise of religious freedom is worrisome in the light of international human rights standards. [Needing the government’s] permission for a person to exercise his religion in community with others is, indeed, problematic in the light of internationally acknowledged religious liberty standards. Religious liberty should not be made dependent on a prior government clearance. This touches the very essence of religious liberty.” Dr. Robbers noted that registration of religious communities is often a requirement but “it need not be a roadblock to religious freedom. In fact, it can free the way to more positive religious freedom if correctly performed.” If utilized, “registration and registration procedures must meet certain standards. Registration must be based on equal treatment of all religious communities....... [and] the process of registration must follow due process of law.” He further noted that “religious activity in and as community, must be possible even without being registered as religious community.” He made clear that the minimum number of members required for registration need not be too many and there should be no minimum period of existence before registration is allowed. The third panelist, Mr. Tsirbas, opined, “Within this proliferation of the field of human rights, the Helsinki Final Act is a more than promising note. The commitment to respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief for all, without distinction as to race, sex, language or religion, basically summarizes the ..... protection of international and domestic legal documents. Religious liberty stands out as one of those sine qua non conditions for an atmosphere of respect for the rights of individuals or whole communities.” Mr. Tsirbas also stated, “If the protection of the individual is considered the cornerstone of our modern legal system, religious freedom should be considered the cornerstone of all other rights. The right itself is one of the most recent to be recognized and protected, yet it embraces and reflects the inevitable outworking through the course of time of the fundamental truths of belief in the worth of a person.” Lastly, Col. Kenneth Baillie, spokesman for the Salvation Army in Eastern Europe, outlined the experience of registering his organization in Moscow. “In Russia, as of February this year, we are registered nationwide as a centralized religious organization, [however] the city of Moscow is another story. We have been registered as a religious group in Moscow since 1992. In response to the 1997 law, like everyone else, we applied for re-registration , thinking that it would be merely pro forma. Our application documents were submitted, and a staff person in the city Ministry of Justice said everything was in order, we would have our signed and stamped registration in two days. “Two days later,” Col. Baillie continued, “the same staffer called to say, in a sheepish voice, ‘There’s a problem.’ Well, it is now three years later, and there is still a problem. Someone took an ideological decision to deny us, that is absolutely clear to me, and three years of meetings and documents and media statements and legal briefs are all window-dressing. Behind it all is an arbitrary, discriminatory, and secret decision, and to this day I do not know who made the decision, or why.” Based on the difficult experience of trying to register in Moscow and the Salvation Army’s subsequent “liquidation” by a Moscow court, Col. Baillie offered some observations. He noted how “the law’s ambiguity gives public officials the power to invent arbitrary constructions of the law.” Col. Baillie concluded by stating, “We will not give up,” but added he is “understandably skeptical about religious registration law, and particularly the will to uphold what the law says in regard to religious freedom.” Mr. Speaker, this Helsinki Commission briefing offered a clear picture of how the law and practice affecting, registration of religious groups have become critical aspects in the defense of the right to freedom of conscience, religion or belief. No doubt registration requirements can serve as a roadblock which is detrimental to religious freedom. The Commission will continue to monitor this trend among the region’s governments which are instituting more stringent registration requirements and will encourage full compliance with the Helsinki commitments to ensure the protection of this fundamental right.

  • U.S. Special Coordinator for Cyprus Briefs Commission as Talks Renew in Nicosia

    By Chadwick R. Gore, CSCE Staff Advisor U.S. Special Coordinator for Cyprus Ambassador Thomas G. Weston participated in a Commission public briefing in Washington on December 4 just hours after Greek Cypriot President Glafcos Clerides and Turkish Cypriot Leader Rauf Denktash resumed contacts in Nicosia, Cyprus. The briefing was moderated in the Cannon House Office Building by Commission Chief of Staff Ron McNamara who opened the discussion by noting that the Cyprus conflict predates the 1975 signing of the Helsinki Final Act, and that Cyprus was an original signatory. McNamara underscored the human dimension of the longstanding conflict. Weston reviewed the outcome of the talks that had transpired that morning between Clerides and Denktash at the residence of the U.N. Chief of Mission in the presence of Mr. Alvaro de Soto, the Special Advisor to the U.N. Secretary General on Cyprus. They agreed that the Secretary General, in the exercise of his mission of good offices, would invite the two leaders to direct talks to be held in Cyprus starting in mid-January 2002 on United Nations premises with no preconditions and with all issues on the table. They are to negotiate in good faith until a comprehensive settlement is achieved, and nothing will be agreed until everything is agreed. Ambassador Weston viewed this as a major step forward in the stagnant Cypriot peace process noting that Clerides would dine at the home of Denktash that evening, an unprecedented event. "Efforts to settle the Cyprus problem have been going on for a long, long time," Weston remarked, describing the process’ evolution since 1999 and its subsequent breakdown, concluding, “I think what you're seeing here is a culmination of a long effort rather than something which just came out of the blue.” “I should make very clear,” said the Ambassador, “that the suggestion for direct talks did come from the Turkish Cypriot leader [and] that needs to be acknowledged. …It's important to remember who actually suggested it and give credit where credit is due.” Weston made clear, “The efforts of all others who have been pushing in this direction, including Greece and Turkey, but all others, are also to be strongly commended. …The efforts of the U.N. Secretary General, his direct involvement in this process repeatedly over the last two-and-a-half years, and the excellent work done by his Special Advisor in getting us to this point—all are to be commended.” While the resumption of talks was of interest, what could be expected to be the outcome was the real focus of the briefing. “What can we expect to come from the process is obviously the key,” said Weston. “I think the fact that these two leaders have agreed to go to direct talks under these circumstances, with no preconditions, all issues on the table, and with a commitment to continue to negotiate in good faith until a comprehensive settlement is achieved, are very dramatic indications of a willingness on the part of both leaders to actually try and get a comprehensive settlement in the short period of time we have available before Cyprus secedes to the European Union. “I do not believe that this should be underestimated in any way in terms of what it indicates about the willingness of these two leaders to move forward.” Ambassador Weston was not prepared to predict whether these resumed contacts would lead to a comprehensive settlement in time to permit a unified Cyprus in the European Union at an early date. On the other hand, he was much more hopeful that that could be achieved. “It is incumbent on all of us interested in a just and durable settlement of the Cyprus problem to redouble our efforts in support of this effort to get a comprehensive settlement in a brief period of time,” Weston concluded. A career Foreign Service Officer since 1969, Weston has served as the special coordinator for Cyprus since August of 1999. Ambassador Weston has served as Deputy Assistant Secretary of State for European and Canadian Affairs responsible for multilateral diplomacy with Europe including the U.S. participation in NATO, the OSCE, and the OECD as well as U.S. relations with European Union and the Council of Europe. He has also served as Chargé and Deputy Chief of Mission at the U.S. Mission to the European Communities. A Helsinki Commission delegation visited Cyprus in January of 1998 to assess developments in the security, economic and human dimensions. Members of the delegation held a series of meetings with officials, international peacekeepers, and private citizens.

  • Criminal Defamation and “Insult” Laws: A Summary of Free Speech Developments in Slovakia

    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) act, using taxpayer money, to investigate the alleged defamation and to act on behalf of the alleged victim. 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 to systematically 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 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. . . .” 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. Illustrative Slovak Cases Since the establishment of an independent Slovak state on January 1, 1993, there have been a steady trickle of people who have been charged with “insulting” or defaming public officials. At present, for example, journalist Ales Kratky is facing charges of criminal defamation in connection with his May 2001 criticism of a speech delivered by President Rudolf Schuster. If found guilty, Kratky faces a possible two-year prison term. In March 2000, journalist Vladimir Mohorita was sentenced to four months in prison for criticizing the government’s decision to allow NATO aircraft to use Slovak airspace during the Kosovo crisis. In a substantially larger number of instances, individuals (most often journalists and politicians) have been threatened with charges of defamation or insult. Indeed, it is a time-honored tradition in Slovakia to accuse one’s political enemies of defamation. In addition to free speech concerns presented by recourse to criminal defamation and insult laws, developments in Slovakia have raised other free speech concerns. For example, the charge of defamation of race, creed or nationality has become increasingly popular in recent years. Deputy Jan Slota, widely known for his inflammatory anti-Hungarian and anti-Roma rhetoric, survived an effort to strip him of his parliamentary immunity in 1999 as a prelude to charging him with defamation of race, creed or nationality. More recently, Romani activist Alexander Patkolo has been threatened with the charge of spreading alarming information and human rights lawyer Columbus Igboanusi has been threatened with charges of spreading alarming information and defaming the Republic of Slovakia. Sources include: Amnesty International (AI); Article XIX; the Committee to Protect Journalists; East European Constitutional Review; “Freedom in the World” reports (published by Freedom House); Index on Censorship; Radio Free Europe/Radio Liberty; U.S. State Department annual Country Reports on Human Rights; the World Press Freedom Committee. Relevant Slovak Laws News reports about persons charged with criminal defamation or “insulting” public officials, government offices or national institutions often do not cite the specific legal basis for the charges. In Slovakia, the laws which appear to give rise to such charges include the following: Article 49 (1) (a) of the Simple Offenses Act provides that anyone who offends another person by insulting him or exposing him to ridicule may be punished by a fine. Article 102 of the Penal Code prohibits defamation of the Republic, National Council of the Slovak Republic, Government or the Constitutional Court of the Slovak Republic, punishable by up to two years in prison. Article 103 of the Penal Code prohibits defamation of the President of the Republic for the execution of his powers or for his activities in the political life, punishable by up to two years in prison. Article 154(2) of the Penal Code prohibits gross insults or defamation of an organ of state administration in the exercise of its function or in connection with its function, punishable by up to one year in prison. Article 206 of the Penal Code prohibits the dissemination of false and discrediting information about another person, punishable by up to two years in prison. If the defamation occurs in the broadcast or print media, the punishment may increase to five years. In addition, someone convicted under this article may be banned from working as a journalist.

  • Ambassador Stephan H. Minikes

    Mr. President, as Chairman of the Helsinki Commission, I take this opportunity to welcome the recent swearing-in of Stephan M. Minikes to serve as U.S. Ambassador to the Organization for Security and Cooperation in Europe, OSCE. Prior to that ceremony, I met with Steve to discuss priority issues on the Commission's agenda, including the promotion of democracy, human rights and economic liberty as well as such pressing concerns as international crime and corruption and their links to terrorism. The Commission remains keenly interested in the OSCE as a tool for promoting human rights and democratic development and advancing United States interests in the expansive 55-nation OSCE region. The terrorist attacks of September 11 represented an assault on the principles of democracy, human rights and the rule of law: core principles at the heart of the OSCE. It is crucial that we redouble our efforts to advance these fundamental principles throughout the OSCE region even as we pursue practical cooperation aimed at rooting out terrorism. The OSCE provides an important framework for advancing these vital and complementary objectives. I am confident that Steve will draw on his extensive and varied experiences as he assumes his duties as U.S. Ambassador to the OSCE and I look forward to working with him and his team in Vienna. I ask unanimous consent that Secretary of State Powell's eloquent prepared remarks delivered at Ambassador Minikes' swearing-in ceremony be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: Remarks of Secretary of State Colin L. Powell at the Swearing-in of Stephan M. Minikes Ambassador Ducaru: Distinguished Guests, welcome to The Department of State. It is my honor and pleasure today to swear-in a distinguished civic leader as our next Ambassador to the Organization for Security and Cooperation in Europe: Steve Minikes. As a boy in Nazi Germany, Steve knew what it is like to live under oppression. His relatives died in concentration camps. He saw hate consume a country, ravage a continent, and cause a world war. Later, he saw a devastated Europe divided by force and a hot war replaced by a cold one. And since the age of eleven, when he found his new home in America, Steve Minikes has never for a minute taken freedom for granted, not his or anyone else's. And so, when President Bush selected Steve to be his personal envoy to the OSCE, he knew that he was choosing a person who would be deeply committed to the fundamental principles of the Helsinki process. The President knew that Steve needed no convincing that human rights, the rule of law and democracy are inextricably linked to prosperity, stability and security. And the President knew that in Steve he was choosing someone who would work hard and well to realize, in all its fullness, the dream of a Europe whole and free. And so, Ladies and Gentlemen, Steve Minikes will bring to his new position a deep commitment to serve the country that gave him a new life, and a strong determination to help the continent of his birth attain its highest hopes. And Steve will bring a lot more to the table besides. He will bring expertise in and out of government that spans the law, management, banking, trade, energy and defense. He will bring a reputation for excellence and dedication that extends from the corporate world to Capitol Hill, from the Pentagon to the White House, as the presence here of friends from Congress and from a wide range of federal agencies attests. Steve also brings his experience as a Director of the Washington Opera, which will serve him very well at OSCE. Think about it. Conducting multilateral diplomacy with 54 other sovereign countries: countries as big as Russia, Germany and the United States on the one hand, and as small as Liechtenstein, San Marino and Malta on the other. And each of them with a veto. That's a lot like staging the elephant scene from Aida, only easier. The American people are truly fortunate that they can count on a citizen as accomplished and admired as Steve to represent them at so important a forum as the OSCE. I know that Steve would be the first to agree with me, however, when I say that we would not have been able to contribute so much to his community and his country, had it not been for the love and support of his family. I want to especially welcome his partner in life, Dede and their daughter Alexandra and her husband Julian. A warm greeting as well to Dede's sister Jackie and brother Peter and their families. I think they all deserve a round of applause. Ladies and Gentlemen: Twenty-six years ago when President Ford signed the Final Act in Helsinki, he said that the Helsinki process would be judged not by the promises made but by the promises kept. Thanks in incalculable measure to the men and women who braved totalitarian repression to ensure that the promises made in Helsinki would be kept, all 55 members of the OSCE are truly independent nations today, able to chart their own course for a new century. The promises made in Helsinki during the Cold War and reaffirmed during the post-Cold War period, are still fundamental to European security and cooperation in this post-, post-Cold War world. And, like all his predecessors from Gerald Ford to William Clinton, President Bush is strongly committed to fulfilling the promise of Helsinki. The President and I are counting on you, Steve, to work with our fellow member states, with the various OSCE institutions that have been established, and, of course, with the Members of the U.S. Commission on Security and Cooperation in Europe, to that noble end. Human rights and fundamental freedoms remain the heart and soul of OSCE. Keep them in the spotlight. Democracy and the rule of law are key to fighting hatred, extremism and terrorism. Work with our OSCE partners, the Office for Democratic Institutions and Human Rights and the Representative for Free Media to consolidate democratic processes and promote freedom of expression. Help OSCE foster ethnic tolerance. Help it protect human dignity by strengthening efforts against trafficking in persons. We also look to you, Steve, with your private sector experience, to explore ways to develop OSCE's economic and environmental dimensions. OSCE has done some good work on corruption and good governance. Portugal, the incoming Chairman-in-Office, has some interesting ideas on transboundary water issues. Help us think about what else we might do. The President and I also depend on you to utilize and strengthen OSCE's unique capacities for conflict prevention and crisis management. To work with OSCE's High Commissioner on National Minorities in addressing the root causes of ethnic conflict. We will also look to you to support OSCE's field missions which are contributing to stability from Tajikistan to Kosovo. In the security dimension of OSCE, good progress has been made in meeting conventional force reduction commitments. We will count on you, Steve, to help resolve the remaining issues. The Voluntary Fund for Moldova is a valuable tool for getting rid of weapons and ammunition. Keep using it. OSCE's action plan will be valuable in fighting terrorism. Implementation is critical. Keep the momentum going. Institutionally speaking, OSCE's strengths remain its flexibility, the high degree of political will that is reflected in its consensus decisions, and the politically binding nature of its commitments. As OSCE considers how it might best adapt to changing needs, do not compromise these strengths. Build upon them. Ladies and Gentlemen, next week, Steve and I will travel to Bucharest for a meeting of the OSCE Ministerial Council. There, the Chairmanship-in-Office will pass from the capable hands of Romania into the able hands of Portugal. And I will just as confidently witness the passing of the baton from Ambassador Johnson to Ambassador Minikes. There is a great deal of important work ahead for the OSCE. There are still many promises to keep. And Steve, the President and I know that you will help us keep them. You and Dede have President Bush's and my best wishes as you embark upon your new mission for our country. And now it is my pleasure to administer the oath of office.

  • The Status of Cyprus

    Ronald J. McNamara, Chief of Staff of the Commission on Security and Cooperation in Europe, moderated this briefing on developments in Cyprus. The nation of Cyprus was an original participating State in the then-Conference on Security and Cooperation in Europe, now known as the Organization for Security and Cooperation in Europe (OSCE). The focus was the human dimension and other basic human rights issues, such as freedom of movement. Mr. McNamara was joined by Ambassador Thomas G. Weston, who had, since August 1999, served as the United States Special Coordinator for Cyprus.  

  • Helsinki Commission Hearing Examines Situation in Moldova

    By John Finerty CSCE Staff Advisor The United States Helsinki Commission held a hearing on September 25, 2001 to examine the situation in Moldova, with a specific focus on developments in the Transdniestria region and the withdrawal of Russian military forces as well as armaments and ammunition from Moldova. After years of delay and uncertainty, the Russian Government has made considerable progress in removing its armed forces and military equipment from Moldova in accordance with the 1999 Istanbul Declaration of the Organization for Security and Cooperation in Europe (OSCE) and the 1990 Conventional Forces in Europe Treaty (CFE). By mid-November 2001, the Treaty Limited Equipment (heavy weaponry) under the CFE were removed or destroyed. Russian armed forces are to be withdrawn by the end of 2002. Implementation of the agreements has been assisted by a voluntary fund established under the auspices of the OSCE. Russia’s continued military presence in the sovereign nation of Moldova has been an unresolved and contentious issue since the breakup of the Soviet Union, when units of the Soviet 14th Army (now known as the Operative Group of Russian Forces) remained stationed in the Transdniestria region of Moldova. Some elements of the 14th Army assisted the pro-Moscow leadership of Transdniestria to secede from Moldova in 1991-2 and establish an unrecognized political entity known as the Dniestr Moldovan Republic (DMR). The current leadership of the DMR has strenuously protested the recent destruction of tanks and armored combat vehicles, seeking to secure some of the hardware for itself. Testifying at the hearing were Ambassador Steven Pifer, Deputy Assistant Secretary of State of the Bureau of European and Eurasian Affairs; Ambassador Ceslav Ciobanu, Ambassador of the Republic of Moldova to the United States; Dr. Kimmo Kiljunen, Member of the Parliament of Finland and Chairman of the OSCE Parliamentary Assembly's Working Group on Moldova; Ambassador William Hill, Head of the OSCE Mission to Moldova; and Dr. Charles King, Assistant Professor, School of Foreign Service and Department of Government at Georgetown University. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing with Commissioners Rep. Joseph R. Pitts (R-PA), Rep. Zach Wamp (R-TN), Rep. Robert B. Aderholt (R-AL) and Rep. Alcee L. Hastings (D-FL) participating. In response to a question by Co-Chairman Smith regarding the logistical and political problems facing troop withdrawal and weapons destruction, Ambassador Pifer replied that the main challenge is political, not logistical. Ambassador Hill added that the Russian Government appears prepared to leave; however, there is much resistance on the part of the Transdniestrian regime, since Tiraspol has relied on Russian troops as a “de facto shield” against attack, whether it would come from Moldova or elsewhere. Ambassador Pifer said the Russian Government is “on a schedule that will bring them down to zero tanks, armored combat vehicles and artillery by the end of the year,” which proved to be the case. He added that the difficult logistical challenges arise in the disposition of ammunition and small arms. According to Ambassador Pifer, the United States and Russia “want to make sure that these are eliminated and do not fall into the wrong hands.” Ambassador Pifer reported that the United States has already contributed $300,000 to the voluntary fund for destruction of equipment, as well as $69 million in financial assistance to Moldova from the Agency for International Development and other agencies. Responding to a question from Commissioner Hastings regarding U.S. assistance, “in the furtherance of Moldova’s involvement in the Stability Pact and in their overall re-development,” Ambassador Pifer pointed to U.S. assistance in helping Moldova integrate into European institutions. He continued that it is important that a “total commitment come from the United States and the European Union together.” Commissioner Pitts raised the possibility that perhaps Moscow is using the withdrawal tactic to gain concessions from the Moldovan Government in terms of the status of Transdniestra. Ambassador Hill described Russia as “deeply divided on this issue.” Most Russians realize that it is important to leave, but others see Transdniestra as part of Russia and thus desire the continued separation from Moldova. Commissioner Aderholt raised the question of the Moldovan Government’s efforts in resolving the Transdniestrian issue. Ambassador Ciobanu testified that the new Moldovan leadership, under President Vladimir Voronin has “resumed the dialogue with the separatist leaders” and “proposed a whole package of measures with a view of granting Transdniestria the status of a broad, regional self-government but preserving the sovereignty and territorial integrity of the Republic of Moldova.” Ambassador Ciobanu expressed dismay that Transdniestrian officials have not responded positively, but rather Transdniestria’s separatist position “became even tougher.” As a result, Ciobanu added, “We have reached the critical limits of possible concessions from our part.” Future concessions must come from Transdniestra and the international community should, according to the Moldovan Ambassador, commit to exerting pressure on the Transdniestrian regime. Dr. Kiljunen described the efforts made by the Working Group on Moldova to facilitate a dialogue between Chisinau and Tiraspol. The current Communist-led government enjoys a stable majority in the parliament and, according to Dr. Kiljunen, has “contributed [to] the solution of this Transdniestrian issue.” Dr. Kiljunen added that Russia should continue to be involved in Transdniestra as part of its “international commitments” to create stability in the region. With a more pessimistic view of the Transdniestrian conundrum, Dr. King suggested the current approach of the OSCE and the international community may have run its course. For the past ten years, he noted, “the people of Transdniestria have gone about, with the support of the Russian Federation, building something like a functioning state.” In fact, the last ten years have “strengthened Transdniestrian statehood,” instead of working towards reunification with Moldova. Today it is increasingly difficult to reintegrate these two societies because “they are fundamentally separate now.” The so-called Dniestr Moldovan Republic has solidified its position, and it may be too late for the type of resolution typically envisioned by the international community. Commissioner Wamp asked if the Moldovan Government provided for basic freedoms, including movement, religion, and elections. Dr. King responded that Moldova has made remarkable progress in “implementing freedoms across the board.” Freedom of movement, in particular, is relatively easy for average Moldovans; however, the Transdniestrian authorities have frequently obstructed freedom of movement across the border for Moldovan officials. Ambassador Hill suggested one problem in Moldova is not freedom of religion, but rather politicalization of the Orthodox Church. The European Court in Strasbourg is currently examining a suit against the Moldovan Government for not registering the Bessarabian Orthodox Church which sees itself as the legal successor to the pre-war Romanian Orthodox Church in Moldova. With respect to elections in Moldova, Dr. Kiljunen stated they have been free and fair. However, not all adults in the Transdniestra region were able to vote. “It was only a token, a small token...who really voted.” In addition, there have been parliamentary elections in Transdniestra itself. Because these elections were not observed, it is not known how fair and democratic they have been. Co-Chairman Smith noted Moldova’s status as a major source of trafficked women to Europe and inquired about the Moldovan Government’s response. Ambassador Pifer noted that the Moldovan Government has become more aware of the problem, and has begun to change some of its domestic legislation to include harsher penalties for trafficking. To help the women, Moldova has established a women’s crisis hotline center. Pifer said Moldova is attempting to recognize trafficked women as victims, not as prostitutes. Ambassador Ciobanu elaborated that Moldova has established a special governmental commission to deal with this issue. More importantly, Ciobanu added that Moldova is initiating economic and social programs in order to provide “some engagement, some jobs, [and] some prospectives for these young women in Moldova.”   Helsinki Commission intern Lauren Friend contributed to this article.

  • Fighting the Scourge of Trafficking in Women and Children

    Mr. Speaker, tonight I want to highlight our nation's efforts to fight, and hopefully end, the scourge of trafficking in women and children. Earlier today, International Relations Committee held an important hearing on the implementation of anti-trafficking legislation I authored, and which was signed into law last Congress.   As the Prime Sponsor of the Trafficking Victims Protection Act, H.R. 3244, I was pleased that our legislation attracted unanimous bipartisan support in both Houses of Congress, and was signed into law just over one year ago. We succeeded not only because this legislation is pro-woman, pro-child, pro-human rights, pro-family values, and anti-crime, but also because it addresses a horrendous problem that cries out for a comprehensive solution.   Each year as many as two million innocent victims, of whom the overwhelming majority are women and children, are brought by force and/or fraud into the international commercial sex industry and other forms of modern-day slavery. The Act was necessary because previous efforts by the United States government, international organizations, and others to stop this brutal practice had proved unsuccessful. Indeed, all the evidence suggests that the most severe forms of trafficking in persons are far more widespread than they were just a few years ago.   My legislation was designed to give our government the tools we believed it needed to eliminate slavery, and particularly sex slavery. The central principle behind the Trafficking Victims Protection Act is that criminals who knowingly operate enterprises that profit from sex acts involving persons who have been brought across international boundaries for such purposes by force or fraud, or who force human beings into slavery, should receive punishment commensurate with the penalties for kidnapping and forcible rape. This would be not only a just punishment, but also a powerful deterrent. And the logical corollary of this principle is that we need to treat victims of these terrible crimes as victims, who desperately need our help, compassion, and protection.   As the implementation of this important legislation moves forward, success will depend, in large part, on the development of a large coalition of citizen organizations that are out there on the streets helping these victims day in and day out. The problem is simply too big for any one, or even several, governments to tackle alone.   That is why I am so pleased to learn that outside advocacy and relief organizations are continuing to join the fight against human trafficking. Father Stan DeBoe, with the Conference of Major Superiors of Men, CMSM, is one such civic leader who deserves special recognition of his efforts, and the efforts of the CMSM. The CMSM, for those who are unfamiliar with their work, serves as the leadership of the Catholic orders and congregation of the 20,000 vowed religious priests and brothers of the United States. The CMSM is the voice of these Catholic priests and brothers in the U.S., and also collaborates with the U.S. bishops and other Catholic organizations which serve the Church, and our society. I have included, as part of the Record, a recent resolution jointly adopted by the CMSM and the Leadership Conference of Women Religious, LCWR, on August 26 during a conference in Baltimore, Maryland.   Like all laws, however, this law is only as good as its implementation. And, frankly, I have been deeply concerned at the slow pace of implamentation of the Trafficking Victims Protection Act. A year after enactment of this legislation, the State Department office, which is designed to be the nerve center of our diplomatic efforts to engage foreign governments in the war against trafficking, has only recently begun to get up and running. No regulations have yet been issued which will allow victims to apply for the visas provided by the Act. And many other important tasks remain undone.   I do not say this to complain or criticize. I know that many things move too slowly in the first year of a new Administration, and that since September 11 our attention and resources have been diverted elsewhere, but to emphasize that from now on, we do not have a minute to spare.   I should also say that I am profoundly encouraged by the fact that the Administration has been able to recruit Dr. Laura Lederer to bring her expertise and commitment to the State Department's anti-trafficking effort. Dr. Lederer is generally regarded as the world's leading expert on the pathology of human trafficking, and the Protection Project which she headed has provided the factual and analytical basis for most of the work that has been done so far to combat human trafficking. Throughout the long process of consideration and enactment of the Trafficking Victims Protection Act, Laura was our mentor and our comrade-in-arms. I commend Under Secretary Dobriansky, for this important choice.   Finally, I want to emphasize the principles behind the Trafficking Victims Protection Act. I take second place to none in my commitment to workers' rights, but this is not a labor law and it is not an immigration law, it is a comprehensive attack on human slavery, and especially sex slavery. It emphatically rejects the principle that commercial sex should be regarded as legitimate form of “work.”   I know that a number of officials in the previous Administration disagreed with the approach we took in this bill, and that many of these officials are career employees who still work in the government, but the Trafficking Victims Protection Act is the law of the land, and we now have a President who has made clear that he agrees with us on this fundamental question. So I hope and trust that in implementing the law, in making grants, in staffing offices and working groups, in seeking partners and advisors in this important effort, this Administration will rely on people who fully support the law they are implementing, rather than on those who never liked it and who may seek to evade or ignore some of its most important provisions.   What we need to make this law work are “true believers” who will spare no effort to mobilize the resources and the prestige of the United States government to implement this important Act and shut down this terrible industry, which routinely and grossly violates the most fundamental human rights of the world's most vulnerable people.   Resolution Opposing Trafficking in Women and Children: STATEMENT OF RESOLUTION LCWR and CMSM stand in support of human rights by opposing trafficking of women and children for purposes of sexual exploitation and forced labor, and will educate others regarding the magnitude, causes, and consequences of this abuse.   RATIONALE 1. At their May 2001 plenary session in Rome, the International Union of Superiors General, leaders of more than 780 congregations of women religious having a total membership of one million, endorsed a resolution opposing the abuse of women and children, with particular sensitivity to the trafficking and sexual exploitation of women. UISG resolved that this issue be addressed from a contemplative stance as an expression of a fully incarnated feminine spirituality in solidarity with women all over the world.   2. An LCWR goal is to work for a just world order by using our corporate voice and influence in solidarity with people who experience poverty, racism, powerlessness or any other form of violence or oppression. A CMSM goal is to provide a corporate influence in church and society.   3. The Platform for Action of the UN Fourth World Conference on Women held in Beijing, 1995, included the strategic objective to eliminate trafficking in women and assist victims of violence due to prostitution and trafficking.   4. Each year between 700,000 and 2 million women and children are trafficked across international borders, with more than 50,000 women trafficked into the U.S. (UISG papers) CALL FOR SPECIFIC ACTION   1. Deepen our understanding of the realities of trafficking and its integral relationship with poverty, male dominance, and the globalization of trade.   2. Join with UISG as they call for specific days of international prayer, contemplation, and fasting to unite religious in prayer throughout the world.   3. Encourage education about trafficking, prostitution, and workplace slavery in sponsored schools, colleges, and universities and in adult educational ministries.   4. If feasible, collaborate in applying for federal funds from the Department of Health and Human Services in implementation of HR 3244 to provide services to victims of trafficking.   The Conference of Major Superiors of Men (CMSM) serves the leadership of the Catholic orders and congregations of the 20,000 vowed religious priests and brothers of the United States, ten percent of whom are foreign missionaries. CMSM provides a voice for these communities in the U.S. church and society. CMSM also collaborates with the U.S. bishops and other key groups and organizations that serve church and society.   The Leadership Conference of Women Religious (LCWR) has approximately 1,000 members who are the elected leaders of their religious orders, representing 81,000 Catholic sisters in the United States. The Conference develops leadership, promotes collaboration within church and society, and serves as a voice for systemic change.

  • Roadblock to Religious Liberty: Religious Registration Policies in the OSCE Region

    By Knox Thames, CSCE Staff Advisor On Thursday, October 11, 2001, the United States Helsinki Commission conducted a public briefing to explore the issue of religious registration, one of many roadblocks to religious freedom around the world. Expert panelists focused on religious registration among the 55 nations of the Organization for Security and Cooperation in Europe (OSCE). Several OSCE participating States are following a troubling trend toward restricting the right to freedom of religion by using registration schemes, making it virtually impossible for citizens to practice their faith. Registration laws exist for a myriad of reasons. Some are vestiges of the communist era, while others purposefully limit the ability of new groups to function in a country. Yet this trend toward onerous registration ordinances and statutes has gradually emerged across the OSCE region. Furthermore, restrictive practices could be exacerbated in the aftermath of recent terrorist attacks that could be used as a pretext to further restrict or ban individuals and religious communities from practicing their faiths or beliefs. As Rep. Christopher H. Smith (R-NJ), Co-Chairman of the Helsinki Commission noted in a prepared statement, “Over the past decade I have observed a troubling drift away from a robust and vibrant protection of religious freedom in a growing number of OSCE States. I have become alarmed with how some OSCE countries have developed new laws and regulations that serve as a roadblock to the free exercise of religious belief. These actions have not been limited to emerging democracies, but also include Western European countries, with the definitive example being Austria.” The briefing panel featured academic experts, lawyers and practitioners to discuss the various ways governments are chipping away at religious freedom. Dr. Sophie van Bijsterveld, Co-Chair of the OSCE/ODIHR Advisory Panel of Experts on Freedom of Religion or Belief and Law Professor at Catholic University–Brabant, Netherlands, was the first panelist to present remarks. She called the imposition of registration requirements “worrisome.” She continued that the need for government permission to allow “a person to adhere to a religion and to exercise his religion in community with others is, indeed, problematic in the light of internationally acknowledged religious liberty standards. Religious liberty should not be made dependent on a prior government clearance, and this touches the very essence of religious liberty.” Dr. Gerhard Robbers, also a member of the OSCE/ODIHR Advisory Panel and Law Professor at the Trier University, Germany commented, “Registration of religious communities is known to most, probably to all legal systems in the world in one form or another as centralized or decentralized registration. It need not be a roadblock to religious freedom. In fact, it can free the way to more, positive religious freedom, if correctly performed.” The next panelist was Vassilios Tsirbas, interim Executive Director and Senior Counsel for the European Centre for Law and Justice, based in Strasbourg, France. Mr. Tsirbas declared, “If the protection of the individual is considered the cornerstone of our modern legal [system] . . . religious freedom should be considered the cornerstone of all other rights.” He also said, “Within this proliferation of the field of human rights, the Helsinki Final Act is a more than promising note. . . . [and] religious liberty stands out as one of those sine qua non conditions for an atmosphere of respect for the rights of individuals or whole communities.” Lastly, Col. Kenneth Baillie of the Salvation Army-Moscow, Russia, told of efforts by Moscow city authorities to “liquidate” that branch of the church, allegedly due to a minor technicality in its application for registration. Col. Baillie stated, “The [registration] law’s ambiguity gives public officials the power to invent arbitrary constructions of the law.” He added that the Salvation Army appears to be in the middle of a power struggle between Federal and State authorities. Col. Baillie said that the Salvation Army “will not give up.” But Baillie was “understandably skeptical about the religious registration law, and particularly the will to uphold what the law says in regard of religious freedom.” In Commissioner Sen. Gordon H. Smith's (R-OR) submission to the briefing record, he addressed the 1997 Russian registration law. He stated, "The Russian law, among other things, limits the activities of foreign missionaries and grants unregistered 'religious groups' fewer rights than accredited Russian religious organizations such as the Russian Orthodox Church, Islam, Judaism and Buddhism. This law, if poorly implemented, could also sharply restrict the activities of foreign missionaries in Russia." Senator Smith added, "The conventional wisdom regarding implementation of that law is that persecution occurs abroad - the farther away from Moscow and the centralized government, the greater the risk is for religious intolerance. But even in Moscow there is a requirement of vigilance. And I am happy to report that [the Senate] has been vigilant on this issue - especially regarding the old problem of anti-Semitism in Russia." Commissioner Rep. Zach Wamp (R-TN) also submitted a statement for the briefing record, in which he highlighted Kazakhstan and Kyrgyzstan and their efforts in regards to registration laws. While Mr. Wamp did note specific problems, he also wanted to “highlight and praise both countries for seeking assistance from the OSCE Advisory Panel on Freedom of Religion or Belief.” He continued, “The choice to seek assistance and working to ensure the new legislation is in line with human rights norms are marks of wise governance. Even more, I want to encourage these governments to continue their close cooperation with this body of experts, and to continue to strive to uphold OSCE commitments and international norms for religious freedom.” 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 U.S. Policy toward the OSCE

    By Erika B. Schlager, CSCE Counsel for International Law On October 3, the Helsinki Commission held a hearing on "U.S. Policy toward the OSCE." Originally scheduled for September 12, the hearing was postponed after the September 11 terrorist attacks. This hearing was convened to examine U.S. priorities and human rights concerns in the OSCE region; how the OSCE can serve to advance those goals and address human rights violations; the pros and cons of the institutionalization and bureaucratization of the OSCE and field activities; and the openness and transparency of the Helsinki process. Helsinki Commission Chairman Senator Ben Nighthorse Campbell (R-CO), Commissioners Rep. Benjamin L. Cardin (D-MD), and Rep. Robert B. Aderholt (R-AL) heard from four witnesses: A. Elizabeth Jones, Assistant Secretary of State for European Affairs; Lorne W. Craner, Assistant Secretary of State for Democracy, Human Rights, and Labor (who has since been formally appointed by the President as one of the three executive-branch Commissioners); Ambassador Robert Barry, former Head of OSCE Mission to Bosnia-Herzegovina; and P. Terrence Hopmann, professor of political science at Brown University and research director of the Program on Global Security at the Thomas J. Watson Jr. Institute for International Studies. Catherine Fitzpatrick, Executive Director of the International League for Human Rights, had agreed to participate in the hearing as originally scheduled for September 12, but was unable to attend on October 3. In her prepared statement, Assistant Secretary Jones described the OSCE as an important tool for advancing U.S. national interests “by promoting democracy, respect for human rights and fundamental freedoms, arms control and confidence building measures, economic progress, and responsible or sustainable environmental policies.” While portraying the OSCE as “the primary instrument for early warning, conflict prevention, crisis management, and post-conflict rehabilitation in [the] region,” she also argued that “it is not the forum for discussion or decision regarding all security issues” – a role implicitly reserved for NATO. Jones alluded to a possible role for the OSCE in combating terrorism, an issue that will be taken up at the OSCE Ministerial, scheduled for December 3 and 4 in Bucharest. In this connection, Chairman Campbell urged the State Department to pursue an OSCE meeting of Ministers of Justice and Interior as a step toward promoting practical cooperation in fighting corruption and organized crimes, major sources of financing for terrorist groups. Assistant Secretary Craner tackled an issue of key concern to human rights groups: would the war against terrorism erode efforts to promote democracy and human rights, particularly with respect to Central Asian countries that are now key U.S. allies in that war? Craner observed that “[s]ome people have expressed concern that, as a result of the September 11 attack on America, the Administration will abandon human rights. I welcome this hearing today to say boldly and firmly that this is not the case. Human rights and democracy are central to this Administration’s efforts, and are even more essential today than they were before September 11th. They remain in our national interest in promoting a stable and democratic world. We cannot win a war against terrorism by stopping our work on the universal observance of human rights. To do so would be merely to set the stage for a resurgence of terrorism in another generation.” The testimony of the two expert witnesses, Professor Hopmann and Ambassador Barry, examined the operational side of the OSCE, with particular focus on the field work of the institution. Hopmann, one of a small number of analysts in the United States who has written in depth about the work of the OSCE and who served as a public member on the U.S. Delegation to the OSCE Review Conference in Istanbul in 1999, offered several specific recommendations: 1) enhance the professional qualifications and training of its mission and support staff; 2) strengthen its capacity to mediate serious conflicts that appear to be on the brink of violence or that have become frozen in the aftermath of violence, including making better use of ‘eminent persons’ to assist these efforts; and 3) attract more active support from its major participating States, especially from the United States, to strengthen the OSCE's capacity to intervene early in potentially violent conflicts when diplomacy still has a chance to win out over force. Ambassador Barry drew on his experience as head of one of the OSCE’s largest missions to address the complex issue of the OSCE’s relations with other international organizations. Barry asserted that OSCE has, at times, “bitten off more than it can chew” and the United States needs to exercise discretion in assigning tasks to the OSCE. When asked specifically to describe the relationship between the OSCE and the Council of Europe, he characterized it as “permanent struggle.” He suggested that the two organizations should not compete with other, but play to their relative strengths: the OSCE, for example, should be dominant in field missions, while the Council of Europe should be given the lead in providing expert advice on legislative drafting. One area where the OSCE is underutilized is in the area of policing – the focus of a Commission hearing held on September 5, 2001. Barry remarked, “Last month several witnesses testified before the Commission concerning the OSCE role in police training and executive policing. With its requirement of universality, the [United Nations] must call upon police who are unable or unwilling to deal with terrorism or human rights violations at home. We cannot expect them to be much help, for example, in dealing with mujahedin fighters in Bosnia or Macedonia. Therefore I believe the OSCE ought to be the instrument of choice for both police training and executive policing. In order to fill the latter role the OSCE should change its policy on arming executive police. Unarmed international police have no leverage in societies where every taxi driver packs a gun.” Barry also argued that the United States needs to involve the Russian Federation more closely with OSCE. “Too often in the past,” he said, “we have marginalized Russia by making decisions in NATO and then asking OSCE to implement the decisions. Macedonia is only the most recent example.” Many of the questions raised by Commissioners focused on institutional issues such as the transparency of the weekly Permanent Council meetings in Vienna, the respective roles of the Chair-in-Office and Secretary General and pressure to enlarge the OSCE’s bureaucracy by establishing new high-level positions to address whatever is, at the moment, topical. State Department witnesses were asked several questions relating to specific countries where human rights issues are of particular concern, including Turkmenistan, a country whose human rights performance is so poor that some have suggested it should be suspended from the OSCE, and Azerbaijan, a country engaged in a significant crackdown against the media. Assistant Secretary Jones argued that, when faced with an absence of political will to implement OSCE human dimension commitments, it is necessary to “persevere” and to hold OSCE participating States accountable for their actions. Noting that the death penalty is the human rights issue most frequently raised with the United States, Commissioner Cardin asked Assistant Secretary Craner how the United States responds to this criticism and whether the use of capital punishment in the United States impacts our effectiveness. Craner noted that the death penalty in the United States is supported by the majority of Americans, in a democratic system, and that the quality of the U.S. judicial system ensures its fairness. He also argued that it does not affect the credibility of the United States on human rights issues. Professor Hopmann, however, disagreed with this assertion. Based on extensive contacts with European delegates to the OSCE in Vienna, Hopmann observed that Europeans find it difficult to reconcile the U.S. advocacy on human rights issues with a practice Europeans view as a human rights violation. Chairman Campbell recommended that similar hearings be convened on a periodic basis to update Congress and the American people on the ongoing work of the OSCE and how it advances U.S. interests across the spectrum of the security, economic, and human dimensions.

  • 67th Anniversary of Ukraine Famine and 25th Anniversary of Ukraine Helsinki Group

    Mr. Speaker, I rise to commemorate the memory of innocent victims of an abominable act perpetrated against the people of Ukraine in 1932-33. Seven million innocent men, women and children were murdered so that one man, Soviet dictator Joseph Stalin, could consolidate control over Ukraine. The Ukrainian people resisted the Soviet policy of forced collectivization. The innocent died a horrific death at the hands of a tyrannical dictatorship which had crushed their freedom. In an attempt to break the spirit of an independent-minded and nationally-conscious Ukrainian peasantry, and ultimately to secure collectivization, Stalin ordered the expropriation of all foodstuffs in the hands of the rural population. The grain was shipped to other areas of the Soviet Union or sold on the international market. Peasants who refused to turn over grain to the state were deported or executed. Without food or grain, mass starvation ensued. This manmade famine was the consequence of deliberate policies which aimed to destroy the political, cultural and human rights of the Ukrainian people. In short, food was used as a weapon in what can only be described as an organized act of terrorism designed to suppress a people's love of their land and the basic liberty to live as they choose. This month also marks an important milestone in more recent Ukrainian history. Twenty-five years ago, on November 9, 1976, 10 courageous men and women formed the Ukrainian Public Group to Promote the Implementation of the Helsinki Accords. The work of the Ukrainian Helsinki Group focused on monitoring human rights violations and on the Ukrainian national question as an integral component of human rights issues. The Ukrainian Helsinki Group eventually became the largest of its kind among similar groups in the Soviet Union, but also the most repressed by the Soviet regime. Of the 37 Ukrainians who eventually joined the Group, virtually all were subjected to lengthy terms in labor camps and internal exile. Three--Oleksiy Tykhy, Yuri Lytvyn and Vasyl Stus--died in the mid-1980s while serving camp terms under extremely harsh conditions. Their courageous, active commitment to human rights and freedom for the people of Ukraine laid the foundation for the historic achievement of Ukrainian independence in 1991. As we honor the memory of the millions of innocent victims of the Ukrainian Famine, let us also not forget to honor the work and, in some instances, the martyrdom, of the valiant members of the Ukrainian Helsinki Group. While similar atrocities are highly unlikely, Ukraine has yet to realize its full democratic potential. Despite the real progress made in the decade since independence, the unsolved murders of Georgiy Gongadze and other journalists and political figures, the assaults on media freedoms, the pervasive corruption, and the lack of respect for the rule of law demonstrate a democratic deficit that must be overcome. An independent, sovereign, democratic Ukraine--in which respect for the dignity of human beings is the cornerstone--is the best guarantee that the horrors of the last century become truly inconceivable.

  • France's Law Affects Freedom of Worship

    Mr. Speaker, today I take this opportunity to salute France's historic leadership in the defense of human rights. After the events of September 11th, as freedom-loving people wrestle with the scourge of terrorism, they will look to countries like France to see whether the torch of human rights is being held high. Therefore, mindful of France's historic work and current commitments to defend human rights, it was with remorse and surprise that I observed this summer the National Assembly's approval of the law for the “Prevention and Repression of Cultic Movements.” As participating States of the Organization for Security and Cooperation in Europe (OSCE), France and the United States share the commitment and responsibility to observe and uphold religious freedom, including the right of the individual to profess and practice religion or belief. Through my work as Co-Chairman of the U.S. Helsinki Commission, I am alarmed by recent developments in Europe that impinge on this fundamental freedom. Recently, it would appear that certain OSCE friends and allies have forgotten that religious movements can play a positive role in society, providing impetus for important social change. For instance, the role of the Catholic Church in Poland during the cold war or the activism of some churches and religious leaders in the Southern United States during the Civil Rights Movement offered vital moral and ethical guidance and support. Mr. Speaker, particularly in Western Europe, we have observed an increase in laws calibrated specifically to target religious groups. The United States shares with Western Europe core values regarding human dignity and rights, and we gratefully acknowledge Western Europe's traditional openness toward religious minorities. However, the development of “anti-cult” laws threatens this tradition. At the same time, I understand and appreciate the dangers of criminal activity operating under the guise of religion. However, I strongly believe that any religious movement violating the rule of law should be prosecuted using mainstream law enforcement tools, as opposed to special laws or extra-judicial investigations not in harmony with the core values enshrined in the OSCE's Helsinki Final Act and other international documents regarding human dignity and rights. In sum, I am concerned about vaguely crafted government regulations against religious organizations and adherents that serve to foster intolerance against individuals because of their beliefs. In France, such a law entered into effect this summer. Provisions of the law, Mr. Speaker, provide governmental entities and private citizens the ability to apply civil and criminal sanctions against any so-called “cult” or its de facto leader. Other extensive powers include the removal of basic civic freedoms if an individual is found guilty of using “techniques likely to alter judgment.” Despite the law's obvious bent against minority faiths, its broad powers, combined with the vague wording, could permit arbitrary application and abuse. Overall, I find the creation of such a law, especially in a mature democracy like France, alarming and incongruent with the nation's long history of supporting human rights. I had the opportunity this past summer to meet with the President of the National Assembly, Mr. Raymond Forni, as well as one of the key authors of the bill, Mme. Catherine Picard, and shared with them these concerns. Considering France's position as a world leader, this domestic action will cause repercussions elsewhere, such as in emerging democracies which will have and look to French leadership on these matters. Often, the U.S. Government and Congress are criticized for “meddling” in the internal affairs of another sovereign nation. I feel certain detractors in France will level the same argument. However, the OSCE Moscow Concluding Document (1991) speaks directly to this issue, declaring “The participating State emphasize that issues relating to human rights, fundamental freedoms, democracy and the rule of law are of international concern, as respect for these rights and freedoms constitutes one of the foundations of international order. They 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.” Mr. Speaker, religious believers in France have already offered concerns about the effects of the new French law on their right to profess and practice their faith in their own country. Statutes of this nature, which target individuals with unpopular belief systems, are antithetical to democracies in the twenty first century. Accordingly, I join them in urging French authorities to fully respect France's commitments as an OSCE participating State when implementing the new law.

  • Report on Azerbaijan's Parlimentary Elections

    On November 5, 2000, Azerbaijan held its second parliamentary election since gaining independence. The Central Election Commission [CEC] reported that turnout was 68.8 percent. In the proportional voting for 25 of the parliament’s 125 seats, President Heydar Aliev'’s party— Yeni [New] Azerbaijan— [YAP] came in first, with 62.5 percent. Only three other parties passed the sixpercent threshold: the Azerbaijan Popular Front “Reformers,” (10.8 percent); the Civic Solidarity Party (6.3 percent); and the Communist Party (6.28 percent). Yeni Azerbaijan, along with nominally independent, pro-presidential candidates, also took most of the 100 seats decided in single-mandate districts, giving Aliev’s party about 90 percent control of parliament. The victory of Yeni Azerbaijan was a foregone conclusion. During the registration period, the CEC excluded two opposition parties, Musavat and the Azerbaijan Democratic Party [ADP], for allegedly not having 50,000 valid signatures. International observation missions judged that Azerbaijan’s elections in 1995 (parliamentary), 1998 (presidential) and 1999 (local) all failed to meet international norms. All Azerbaijani opposition parties have denounced the election as rigged. Most opposition parties, however, refused to take part in the January 7 repeat elections. After negative judgements by international observers of four elections since 1995, it is fair to say that Azerbaijan has made no real progress in conducting elections that allow voters to determine who governs them. Despite some improvements on January 7, the election’s outcome was decided in November through massive falsification, which  left government-opposition relations at a low point. At the same time, the opposition is more fractured than ever. Its leaders were unable or unwilling before the November 5 first round to present President Aliev and Yeni Azerbaijan with a united front and party list.  

  • Romania’s Chairmanship of the OSCE

    This hearing discussed Romania’s chairmanship of the OSCE, which began in January 2001. The hearing reviewed the OSCE’s work in strengthening security, preventing conflict and managing crises in the OSCE region, as well as promoting respect for human rights and democratic values in the OSCE participating states under Romania’s chairmanship.

  • Kazakhstan and the Kyrgyz Republic

    Mr. Speaker, in the rugged region of Central Asia, two nations have been dealing with proposed changes to current religion laws. In both Kazakhstan and the Kyrgyz Republic, new religion laws have emerged partially in response to real concerns about terrorism and state security. After the events of September 11, our whole country has a very clear understanding of the threat terrorists pose. Still, our commitment to democracy and religious freedom stands firm. Consequently, I want to highlight and praise both countries for seeking assistance from the OSCE Advisory Panel on Freedom of Religion or Belief. The choice to seek assistance and working to ensure the new legislation is in line with protecting human rights is a mark of wise governance. Even more, I want to encourage these governments to continue their close co-operation with this body of experts, and to continue to strive to uphold OSCE commitments and international norms for religious freedom. In Kazakhstan, there has been great discussion over a proposed amendment to its 1992 law “On Freedom of Religion and Religious Associations.” The Kazakh Government has been responsive to critiques of the law and removed it from consideration during this past summer. Furthermore, it has listened to the comments made by the OSCE Advisory Panel and modified some of the more troubling sections of the proposed law. However, concerns still exist in the area of registering Islamic religious groups by the Kazakhstan Moslem Spiritual Administration. It seems likely that with the various Islamic religious groups that are at odds over purely theological issues, registration could be denied for merely being out of favor with the Spiritual Administration. This is problematic; religious organizations should not be denied registration solely on the basis of their religious beliefs. Before the proposed law is reintroduced, I hope Kazakhstan will address these issues, so as to ensure its compliance with all OSCE commitments. The Kyrgyz Republic is currently considering a proposed law entitled “On Freedom of Conscience and Religious Organizations,” which would replace the 1991 Law on Freedom of Religion and Religious Organizations. In the Kyrgyzstan's short history of independence, it has consistently joined international human rights covenants. As one of the 55 participating States in the OSCE, the Kyrgyz Republic agreed to abide by the Helsinki Final Act and all subsequent agreements, in which clear language concerning religious freedom exists. This new legislation, made long before the events of September 11, was in response to real fears about terrorism. With religion often being used as a guise to legitimize criminal activities, I recognize the genuine concerns of Kyrgyz authorities about religious organizations existing in their country. However, while the United States has new understanding of the threat of terrorists, I want to encourage the Kyrgyz Republic from overreacting and unnecessarily limiting religious freedom. While the current law on religion is generally in line with its OSCE commitments, it is my concern that if the new law is enacted, Kyrgyzstan will no longer be in compliance with its international obligations. This is especially true concerning the provisions addressing registration of religious groups. In its current form, the draft law's use of registration requirements appears complex, confusing and convoluted. The two step process of registering religious groups appears to be more an exercise for government involvement rather than a well outlined procedure for recognizing religious communities. The vague requirement of “record-keeping” registration is especially problematic, as it could serve as a major obstacle for successful registration that the government can utilize to block an application. Clear and transparent guidelines would be a superior way to prevent arbitrary tampering by government officials in the process of registration. In closing, I hope both the Kazakh and Kyrgyz Governments will be mindful of 1989 Vienna Concluding Document, (para 16.3), which states that governments are obligated to “grant upon their request to communities of believers, practicing or prepared to practice their faith within the constitutional framework of their states, recognition of the status provided for them in their respective countries.”

  • Religious Registration in the OSCE Region

    This briefing discussed religiuos registration policies throughout the 55-country OSCE region. Chairman Christopher Smith noted that registration laws limiting religious freedom were not only being passed in former Soviet states, but in Western European states such as Austria. Dr. Bijsterveld outlined the OSCE's position that an international response would be required to limit the spread of policies restricting religious freedom. Mr. Thames provided a detailed analysis of one such policy, a Greek law that effectively banned non-Orthodox broadcasting.  Finally, Col. Baillie gave a firsthand account of how the issue of religious registration in Georgia, Moldova, Ukraine, Romania, and Russia had impacted the operations of the Salvation Army in those countries. These impediments ranged from bureaucrtic obstacles in Ukraine to a flat-out denial to operate in Moscow.  

  • Roadblock to Religious Liberty: Religious Registration

    The United States Helsinki Commission conducted a public briefing to explore the issue of religious registration, one of many roadblocks to religious liberties around the world, focusing on religious registration among the 55 nations of the Organization for Security and Cooperation in Europe. The troubling trend followed by several OSCE participating states toward restricting the right to freedom of religion by using registration schemes, making it virtually impossible for citizens to practice their faith was addressed. Panelists at the event – including Dr. Sophie van Bijsterveld, Co-Chair of the OSCE/ODIHR Advisory Panel of Experts on Freedom of Religion or Belief; Dr. Gerhard Robbers, Member of the OSCE/ODIHR Advisory Panel of Experts on Freedom of Religion or Belief; Vassilios Tsirbas, Senior Counsel for the European Centre for Law and Justice; and Col. Kenneth Baillie, Commanding Officer of the Salvation Army-Moscow – discussed the various ways governments are chipping away at religious liberty. New legislation concerning religious registration policies that could potentially stymie religious freedom within the OSCE region was also addressed.

  • U.S. Policy Toward the OSCE

    This hearing examined U.S. policy toward the Organization for Security and Cooperation in Europe (OSCE). The Commission remains keenly interested in the OSCE as a tool for promoting human rights and democratic development and advancing U.S. interests in the expansive OSCE region. The distinguished witnesses and Commissioners discussed ways in which to take advantage of the wide membership of the OSCE to put in place quite a number of improvements on the counterterrorism agenda, including getting more countries to sign the relevant Conventions on Antiterrorism and to increase particularly police involvement in the OSCE member states to counter terrorism.

  • Moldova: Are the Russian Troops Really Leaving?

    This hearing, presided over by Co-Chairman Christopher H. Smith (NJ-04), focused on the Republic of Moldova, specifically its relationship to the Russian Federation.  Moldova has been facing a secession movement in Transdniestria, a small territory on its border with Ukraine, since its independence from the Soviet Union in 1991.   The Russian army reportedly helped the pro-Soviet leadership of the Transdniestria succession movement solidify its position during a bloody confrontation with Moldovan forces in the summer of 1992. Within the OSCE, the withdrawal of Russian forces from Moldova and the Transdniestria conflict have been concerns since 1993.   Witnesses testified that  in the past three-and-a-half months, the Russians have been withdrawing troops and equipment, in line with their commitment made in Istanbul. While the Transdniestria authorities oppose this, the Russians seem to be on track to fully withdraw by 2002. 

  • Missed Opportunity in Belarus

    By Orest S. Deychakiwsky, Staff Advisor and Ron McNamara, Chief of Staff Commission staff observed the September 9 presidential election in Belarus, in which Belarusian strongman Aleksandr Lukashenka prevailed in a fundamentally unfair election marred by harassment of the opposition and independent media. Unprecedented obstacles erected by the authorities impeded normal long-term observation of the election while Lukashenka lashed out with vitriolic threats against OSCE mission head Ambassador Hans-Georg Wieck and U.S. Ambassador Mike Kozak in the closing days of the campaign. Hopes that the election would bring an end to the country’s self-imposed isolation were dashed by wide-scale rights violations by the regime in the weeks leading up to election day and serious irregularities in the balloting. The International Limited Election Observation Mission, which consisted of the OSCE’s Office of Democratic Institutions and Human Rights (ODIHR) and the Parliamentary Troika composed of the OSCE Parliamentary Assembly (OSCE/PA), the Parliamentary Assembly of the Council of Europe and the European Parliament, concluded that there were fundamental flaws in the election process and that the elections failed to meet OSCE standards for democratic elections. Commission staff participated in the OSCE/PA delegation, on election day observing the vote in Miensk and in towns and villages in the Miensk,Vitsyebsk and Mahilyow regions, including in the village in which Lukashenka was born. The problematic pre-election campaign period determined the election’s outcome. The election took place against a backdrop of recent credible revelations of involvement by close associates of Lukashenka in the disappearances and presumed murders of leading opposition members. Criteria established by the OSCE in 2000 as benchmarks for democratic elections – transparency of the elections process, access of opponents to the state-run media, and a climate free of fear – were not met. There was a profound lack of a level playing field for the candidates. The weeks leading up to the presidential contest were characterized by harassment of the opposition, raids on non-governmental organizations and independent newspapers, with the confiscation of campaign materials, newspapers, printing presses and computer equipment. The dominant state-owned media outlets were overwhelmingly biased in favor of Lukashenka. The Belarusian authorities did everything they could to thwart the opposition, including ruling by decree, failing to guarantee the independence of the election administration, and allowing abuses in “early voting.” The authorities’ treatment of the OSCE observation mission, including delays in issuing an invitation which forced the mission to limit its observation to a mere three weeks before the election and denials of visas, was described by one OSCE election official as “unprecedented” -- worse than in any other of the more than two dozen countries in which the OSCE has observed elections. The regime maintained firm control over virtually every aspect of the election process, from the makeup of the election commissions with their visible lack of representatives of the opposition, to keeping independent observers from scrutinizing the vote tabulation. One of the few positive outcomes of the Belarusian presidential race was the development of the democratic opposition and civil society, despite the intense pressures it faced from the Lukashenka regime. Regrettably, Lukashenka and his inner circle squandered the opportunity presented by the election to restore some degree of normalcy to relations between Belarus and most OSCE participating States, including the United States. Desperate for a modicum of international recognition, members of Belarus’ “National Assembly” were out in force making overtures to OSCE Parliamentary Assembly observers in hopes of ending their isolation following last year’s flawed parliamentary elections.

  • Civilian Police and Police Training in Post-Conflict OSCE Areas

    This hearing examined international efforts to deploy civilian police in post-conflict regions in Europe. The hearing also examined efforts to monitor and train local police for effectiveness in keeping with democratic standards and the rule of law. One of the more critical and difficult challenges in the transition to democracy in the OSCE region has been the process of transforming law enforcement structures. Progress in meeting this challenge has been mixed, and regrettably, in some countries those charged with upholding the law are themselves responsible for human rights violations

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