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Reports

Helsinki Commission staff regularly issue public reports concerning implementation of OSCE commitments in participating States, election observation, and more.

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  • Revolt Against the Silence - The State of Human Rights in Romania: An Update

    Patterns of repression in Romania remain sadly the same year after year. The Romanian regime has kept up pressure on members of religious and national minorities, as well as on all who have sought to express themselves freely. It has harassed and punished would-be emigrants by removing them from jobs and housing. It has exiled writers, philosophers and former leaders. It has jailed those who have sought the means to worship freely, and used psychiatric incarceration to punish free expression. The regime has steadily curtailed the opportunities for members of ethnic minorities to maintain and cultivate their cultural heritage, cutting minority-language instruction and publishing to a minimum. Minority cultural and family ties have also been strictly limited. The regime has used violence and threats of violence to discourage citizens from seeking to exercise their rights. Many Romanian dissidents inside and outside the country have received black-bordered death threats, widely believed to be a favorite calling-card of Romania's notorious Securitate (secret police). Increasingly, the regime's persecution has touched all Romanian citizens, who suffer from severe, state-imposed food shortages and the threat of displacement through the sjstematizare, or systematization, program. Despite the Romanian Government's March announcement, with great fanfare, that it had repaid the country's foreign debt, there is no sign that the regime will reorder its fiscal priorities in favor of consumption. Rationing continues unabated, while construction of new industrial projects seems to be moving forward with redoubled speed.

  • The State of Human Rights in Romania: An Update

    One year after worker-led disturbances erupted in Brasov and other Romanian cities, Romanian society remains tense, divided and increasingly impatient with a regime that exhibits little regard for the well-being of its citizenry. While the Romanian Party and Government have succeeded in quashing most open expressions of dissent, they have failed abysmally in garnering popular support for their programs -- if such support was ever solicited or even de­sired. Systematically depriving its citizens of the possibility to exer­cise the most fundamental human rights, and robbing them of the social and economic rights it supports so heartily in words, the Ro­manian regime has lost any legitimacy it might once have enjoyed among its citizens. Romanian citizens and recent emigrants from that country testi­fy that repression has grown in the year after Brasov. While most prisoners of conscience were released under a January 1988 amnes­ ty, dissidents continue to be surveilled, followed, called in repeatedly for questioning by the Securitate, and placed under house arrest. Telephone lines are cut and mail intercepted to increase the dissidents' sense of isolation not only from the world outside Romania, but also from contacts within the country. Censorship has become more severe, and the security apparatus maintains an even more visible presence than before. The notorious but still unpublished Decree 408, which requires Romanian citizens to report to police all meetings with foreign citizens within 24 hours, is stringently enforced. Romania's economy continues to deteriorate. Fuel and electricity have been rationed for years. Staple foods, including milk, bread and flour, are rationed, and in many localities even these are unavailable. Meat is a rarity; soup bones only occasionally appear in stores. Decades of financial misplanning and inefficient industrial devel­opment have led to the dire condition of the Romanian economy, making it the poorest in Europe after Albania. The Government continues to repay its foreign debts at a swift rate and modernizeat the expense of the Romanian people's well-being.  

  • Reform and Human Rights in Eastern Europe

    During the course of the last several years, tremendous political changes have occurred in Eastern Europe. On the plus side of the ledger, the United States normalized relations with Poland, symbolized by the reinstatement of Poland's Most-Favored-Nation trad­ ing status (MFN) in 1987, following a series of prisoner amnesties and political improvements peaking in 1986. In Hungary, progress has included the introduction of a new passport law, undoubtedly the most liberal in Eastern Europe to date, permitting passport is­ suance according to roughly the same standards as in the West. In the German Democratic Republic, record numbers of people have been permitted to travel and to emigrate. On the negative side of the ledger, to mention only the most striking case of deterioration, United States relations with Romania have chilled because of that country's progressively poorer human rights performance. This led Romania to renounce its MFN privileges rather than face what promised to be a highly critical as­sessment before the U.S. Congress in 1988. In spite of worldwide condemnation of its policies, Romania has forged ahead with plans to destroy up to half of its approximately 13,000 villages. All this is painted onto domestic political and economic canvases which can seem alternately diverse and yet uniform, capable of metamorphosis and yet stagnant. In spite of the notable changes, there are few discernible area-wide trends in this geographic region united by its postwar fate. It is no wonder, then, that East European analysts have been left scratching their heads, trying to make sense out of all that is happening, or -- in some cases -- not happening. One of the traditional questions posed by these analysts involves the degree of influence events in the Soviet Union have on developments in Eastern Europe. The latest angle in this sophisticated guesswork has become the question of what role Mikhail Gorbachev performs in Eastern Europe's own passion play. Since World War II, Europe from the Baltic to the Black Sea has been the victim of push-me, pull-you politics emanating from Moscow: now racing to catchup with de-Stalinization, now being punished for taking de-Stalinization too far. Today's Eastern Europe seems to continue to walk a poorly defined path between being reactive to events in the Soviet Union, and proactively lead­ing the way to parts unknown. Understanding the changes taking place in the region -- and the opportunities for the West which have arisen as a result of them -- may be more critical now than at any time since the end of World War II. Consequently, the Helsinki Commission has followed develop­ments in Eastern Europe more closely during the past Congress than ever before. Extensive hearings have been held on virtually every aspect of the Helsinki Accords as they apply to Eastern Europe, drawing on a wide range of experts on East European af­fairs, including renowned scholars, high-ranking government offi­cials, representatives from nongovernmental organizations, and East Europeans speaking from their firsthand experiences. In addition, the Commission has led congressional delegations to all six East European countries. These unprecedented trips provid­ed Helsinki Commissioners and other Members of Congress with the opportunity to engage government officials in a dialogue on all aspects of the Helsinki Final Act, and to exchange views regarding specific areas of bilateral and multilateral concern. Just as impor­tant were delegation meetings with a wide range of private citi­zens, representing independent and unofficial thinking among the political, religious, and cultural communities. Commission staff del­egations to Poland, Romania, Hungary, and Czechoslovakia have performed important follow-up activities. The report that follows is based on the information garnered by the Commission's numerous hearings, delegations, and reports. It is an attempt to take that information one step further and, like The Gorbachev Record which precedes it, present a sober, factual analysis of trends in the countries of Eastern Europe. It is hoped that, as a result, we will better understand where and in what ways positive change is taking place in Eastern Europe, and where compliance with the Helsinki Final Act cries for improvement.

  • The State of Human Rights in Turkey: An Update

    Since September 12, 1980, many governments, international bodies and nongovernmental organizations have taken an extreme­ly active interest in the human rights situation in Turkey. That date marked the third time in as many decades that the Turkish military had taken power, this time in the wake of governmental paralysis, political polarization, and an uncontrolled wave of vio­lence and terrorism which even civilian-imposed martial law could not stem. Still in power in 1982, the ruling generals had made it clear that power would not be returned to civilian hands until, in their view, the causes of the previous unrest had been eliminated. Political activities remained restricted, and large numbers of Turkish citizens were in prison awaiting trial on a variety of politically related charges. Allegations of serious human rights abuses were wide­spread. The Commission had been urged by nongovernmental organiza­tions, by Members of Congress, and by parliamentarians in other NATO countries, to investigate the charges of abuse. A staff delegation visited Turkey from August 22-29, 1982, and its report repre­sented one of the first open expressions of concern about the Turkish situation by official representatives of the United States. Since the October 1982 report, the Commission, Members of Con­gress, various international bodies, and a variety of private organi­zations have followed events there with great interest. In the past six years, certain sanctions have been applied by the international community, and have been rescinded as progress was made in im­ proving the human rights situation. In light of its ongoing interest m Turkey, and the concern which private organizations continue to express, the Commission felt it appropriate to visit Turkey again and to assess the situation once more. The Commission believes that, since the previous staff report, Turkey has made impressive strides toward a full restoration of human rights and the democratic process. The past six years have seen a renewal of the national commitment to achieving democrat­ic ideals for all Turkish citizens and patterns of tolerance have emerged. They are being strengthened by institutional reform, a citizenry largely committed to the democratic process, and by the activities of the press and various private organizations. The Commission also believes that certain human rights prob­lems, which often predate the 1980 military takeover, persist in Turkey. The report describes them and certain measures which are being undertaken in order to deal with them. This report by the staff, describing developments since the 1982 report and assessing the current state of affairs, is a product of the Commission's continuing interest in Turkey's progress toward full democratization. The hard-won national independence of 1923 en­ compassed a vision of the future which incorporated a proud histor­ical heritage in a Western framework. The profound changes that followed required great national will and commitment. It is the Commission's hope that the momentum of Turkish human rights improvements will be sustained. Turkey is a geographical and cul­tural bridge between Europe and the Middle East, and the Turkish experience may serve as a lesson for both worlds.

  • Reform and Human Rights - The Gorbachev Record

    Based on the Commission's continuing, professional contacts with a wide range of experts on Soviet affairs in this country and abroad, this report is a sober, factual survey of Mikhail Gorbachev's efforts during his first three years as General Secretary of the Soviet Communist Party to promote significant reforms in the politics, economy and society of his country. The report is designed to contribute to that consistent pressure, for in describing how much has changed or seems to be in the process of changing, it also documents how many fundamental rights of Soviet citizens to freedom of expression, of belief, of movement and of national character remain restricted and unprotected. There has been much to applaud in the three years of Gorbachev's rule, especially compared to the repressive actions of his predecessors. The release of many political prisoners from camps and psychiatric prison-hospitals, the rise in the numbers of Soviet citizens permitted to emigrate and to travel, the increasing candor of the official Soviet press and the increasing tolerance shown to unofficial groups and unorthodox points of view are all welcome first steps in the right direction. They are, however, no more than first steps. And as our reportdocuments, they were taken slowly and could be retracted almost overnight. Until the rule of law establishes a decent balance between the power of the Soviet state and the human dignity of individual Soviet citizens, the latter will always be at risk.

  • The Miroslav Medvid Incident - Findings, Conclusions and Recommendations (Part 1)

    This report results from an investigation directed by the Commission on Security and Cooperation in Europe into the attempted defection of Miroslav Medvid and other similar incidents of involuntary repatriation of Soviet and Soviet-bloc nationals, with recommendations for any appropriate changes in US law. This investigation began in July 1986, with research into available public source background material. By September 1986, fieldwork commenced, consisting primarily of witness interviews, records reviews, and search for other evidentiary materials. More than 200 interviews and 100 informal contacts were conducted by CSCE investigators. A few investigative initiatives were hampered by foreign government and Executive Branch decisions to deny access to certain witnesses and records. However, the effect of the omissions was minimized by the preponderance of other available evidence on the issues. This report presents a narrative story of The Medvid Incident, followed by the factual and legal issues raised by the events (Part I). The second section examines other incidents of repatriation cases, including case studies and analyses, and a statistical examination of deserting crewmen and apprehensions.

  • The Miroslav Medvid Incident - Findings, Conclusions and Recommendations (Part 2)

    This report results from an investigation directed by the Commission on Security and Cooperation in Europe into the attempted defection of Miroslav Medvid and other similar incidents of involuntary repatriation of Soviet and Soviet-bloc nationals, with recommendations for any appropriate changes in US law. This investigation began in July 1986, with research into available public source background material. By September 1986, fieldwork commenced, consisting primarily of witness interviews, records reviews, and search for other evidentiary materials. More than 200 interviews and 100 informal contacts were conducted by CSCE investigators. A few investigative initiatives were hampered by foreign government and Executive Branch decisions to deny access to certain witnesses and records. However, the effect of the omissions was minimized by the preponderance of other available evidence on the issues. This report presents a narrative story of The Medvid Incident, followed by the factual and legal issues raised by the events (Part I). The second section examines other incidents of repatriation cases, including case studies and analyses, and a statistical examination of deserting crewmen and apprehensions.

  • Report: Vienna Review Meeting of the CSCE - Phase I

    At the initial session of the third CSCE follow-up meeting held in Vienna from November 4 to December 20, 1986, the Soviet Union and a number of its Warsaw Pact allies came under the most concentrated and concerted attack for human rights abuses since the beginning of the Helsinki process in 1975. In some ways the barrage of criticism directed at the East during the implementation phase of the Vienna Conference was more remarkable for the fact that the Soviet Union for the first time offered a series of gestures, promises and public relations maneuvers specifically designed to soften or mute negative Western assessments of its performance. Partly out of underlying distrust for Soviet motives and partly because of Soviet bumbling or callousness in the death of imprisoned Helsinki Monitor Anatoly Marchenko and the agonizingly delayed departure of cancer patient Rimma Bravve, Western as well as neutral and nonaligned (NNa) participants joined together to mount an unprecedented indictment of Soviet and East European violations of the human rights provisions of the Helsinki Final Act. As a result, the calculated Soviet effort under General Secretary Gorbachev to project a new, more open and humane image remained at best open to doubt and at worst suffered a serious loss in credibility.

  • List of Organizations Involved in Exchange Programs with the Soviet Union and Eastern Europe

    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.

  • The Miroslav Medvid Incident

    On October 24, 1985, Soviet Seaman Miroslav Medvid jumped from the Marshal Konev (a Soviet grain freighter) while it was docked in New Orleans, LA, and reportedly attempted to request political asylum in the United States. He was interviewed by U.S. Border Patrol agents on that same night and then ordered returned to his ship. U.S. officials from the INS and State Department subsequently boarded the ship, obtained an agreement from Soviet officials that Medvid would be re-interviewed concerning his desire for political asylum, and proceeded to question him over a period of 2 days. Mr. Medvid consistently held that he did not want political asylum during this second interview process, and was finally returned to his ship on October 29, 1985.  The Medvid case has raised many questions concerning the manner in which U.S. Government officials handled the incident and concerning U.S. asylum policy toward Communist-bloc nations in general. The Senate Subcommittee on Immigration and Refugee Policy held a series of hearings and conducted a staff investigation on the matter. This report addresses the facts developed through that hearing and investigation process. This report is divided into 6 sections: (1) a brief summary of the events from the time of Medvid's desertion to his final return to the Soviet ship; (2) a summary of the hearings that the immigration subcommittee held on November 5, 1985, November 7, 1985, February 5, 1986, and March 7, 1986; (3) a review and discussion of the major issues and points of controversy concerning the incident; (4) a description of the roles played by the individuals who had the most contact with Medvid, and their perspectives on the case; (5) a review of the adequacy. of present INS asylum procedures; and (6) conclusions drawn by the subcommittee based on the hearing and investigation process.

  • Report: The Madrid CSCE Review Meeting

    The second follow-up meeting of the 35-nation Conference on Security and Cooperation in Europe (CSCE) finally came to a close on September 9, 1983, nearly three years after the deliberations began on November 11, 1980. Burdened throughout by sharply deteriorating East-West relations -- the result of the Soviet invasion and occupation of Afghanistan, the imposition of martial law in Poland and continuing Soviet human rights abuses -- the Madrid Meeting served to focus international attention on Soviet actions which violated the letter and spirit of the Helsinki Final Act. Even the formal closing week of the meeting was overshadowed by yet another Soviet atrocity -- the shooting down of a Korean commercial airliner with the loss of 269 lives. Review meetings like Madrid and its predecessor in Belgrade (October 1977 - March 1978) have a three-fold function: a review of the implementation records of the 35 participating states, the consideration of new proposals to enhance the provisions of the Helsinki Final Act and the adoption of a concluding document. The review of implementation at Madrid was frequently heated, at times tempestuous. Continuing East-West tensions over human rights and other issues determined that the consideration of new proposals and the adoption of a concluding document would necessarily be a protracted affair. While it did not take consensus to criticize implementation failures, CSCE procedures require unanimous consent of all 35 signatory states for agreement to a concluding document. The gulf between East and West was such, particularly on the key issues of human rights and military security, that more than two years of negotiations were necessary to produce the compromise concluding document. The length of these negotiations was also heavily conditioned by external events such as Poland and Afghanistan which had a strong negative effect on the proceedings.

  • Implementation of the Final Act: Findings and Recommendations Seven Years After Helsinki

    This report, including its findings and recommendations, is based upon material compiled during the Commission's continuing study of Final Act implementation -- with special emphasis on the period since the last report in August 1980. The Commission has focused its attention in this report primarily on the compliance records of the Soviet Union and its Warsaw Pact allies where, with rare exceptions, the level of implementation in many areas continues to be appallingly low. Given the continued armed occupation of Afghanistan by Soviet forces; the imposition, under heavy Soviet pressures, of martial law in Poland; and the radically increased repression of all forms of dissent in the Soviet Union and many other Warsaw Pact countries, it is clear that compliance with the Final Act has seriously regressed. The Western CSCE states, on the other hand, generally have maintained relatively high standards of implementation in all areas of the Final Act, specifically, in those areas such as human rights where the Eastern record has been a cause of dismay. The Commission, therefore, has directed the bulk of its research to those nations whose records under the Helsinki Accords display the greatest need for improvement. For the CSCE review conference in Madrid, this report will serve as an overview of compliance of the two-year period since the Commission undertook its review in the fall of 1980. For the American public, whose support is essential to continued U.S. participation in the CSCE process, the report provides a current picture of major implementation achievements and shortcomings in the most critical areas - the Soviet Union and Eastern Europe. 

  • Human Rights Situation in Turkey

    A staff-level fact-finding mission from the Commission on Security and Cooperation in Europe visited Turkey from August 22-29,  for talks on the whole range of CSCE-related issues as part of Western preparations for the forthcoming session of the Madrid Meeting in November, 1982. In the course of these wider Madrid­ related discussions, the staff delegation discussed human rights issues as well as the transition to democracy under the martial law authorities, with a wide-range of officials and private individuals, including lawyers, journalists, professors, former politicians, businessmen and representatives of various ethnic and religious minorities. The staff-level delegation was able to meet with almost all of those with whom it requested appointments, with the notable exception of former Prime Minister Bulent Ecevit who began serving a prison sentence the day before the delegation arrived and, consequently, under Turkish law, was not permitted to meet with the delegation. The delegation was able to meet with the other former Prime Minister, Suleyman Demirel. The staff-level fact-finding visit was the result of mounting concern in Congress and among a wide spectrum of non-governmental organizations as well as groups abroad with developments in Turkey since the takeover by the Turkish military on September 12, 1980. In the past several months, the Commission had been approached by representatives of several influential groups expressing misgivings over events in Turkey and requesting a hearing or an investigation by the Commission into these problems under the terms of the Helsinki Final Act. Among these groups were: the American Bar Association's Subcommittee on the Independence of Lawyers in Foreign Countries, the International Human Rights Law Group, Amnesty International, the New York Helsinki Watch Committee, the International League for Human Rights and the Armenian Assembly of America. In addition to these public groups, members of Congress as well as parliamentary colleagues from several NATO countries expressed their concern with conditions in Turkey and urged that the Commission undertake an investigation into these problems from the vantage point of the Helsinki Final Act. The Chairman of the Subcommittee on Human Rights and International Organizations of the House Foreign Affairs Committee, Rep. Don Bonker, requested the Commission to hold joint hearings with his Subcommittee on violations of human rights in Turkey.

  • Human Rights in Czechoslovakia: The Documents of Charter '77, 1977-1982

    The documents in this publication reflect the efforts of Czechoslovak citizens to express their opinions on issues of importance to them and on rights guaranteed to them under Czechoslovak law, the Helsinki Final Act, and other international agreements. In Principle VII of the Helsinki Final Act, the participating States confirmed the "right of the individual to know and act upon his rights." They also agreed to "promote and encourage the effective exercise of civil, political, economic, social, cultural and other rights and freedoms all of which derive from the inherent dignity of the human person..." The signatories further pledged to "recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience." Sadly, these noble words ring hollow in Czechoslovakia, one of the 35 signatories to the Helsinki Final Act. In an effort to improve their country's adherence to the principles and spirit of the Helsinki document during the last five years -- over 1,000 czechoslovak citizens -- workers, scholars, clergymen, professionais, students, government employees, scientists and others -- have affixed their names to the manifesto of human rights known as Charter 77. Many have also worked actively with VONS -- the Committee for the Defense of the Unjustly Persecuted -- to report and document violations of basic human freedoms. While in most signatory countries these efforts on behalf of human rights would be applauded and rewarded, in Czechoslovakia both signers of Charter 77 and members of VONS have fallen victim to unrelenting government repression. Charter 77 clearly emphasizes that its aim is not to change the existing sociai system, but simply to demonstrate the need for "observance of laws" -- both domestic and international -- by the Czechoslovak authorities. As an example of this committment to international law and other agreements, Charter 77 called upon the Czechosiovak delegation to the Madrid Meeting of the Conference on Security and Cooperation in Europe to honor its word and implement all the provisions of the helsinki Final Act, including Principle ViI. The constant surveillance, house searches, detentions, arrests, beatings and terms of imprisonment to which these courageous men and women are subjected are difficult to reconcile with the statements attesting to full implementation presented by the Czechoslovak delegations to both the Belgrade and Madrid review meetings.

  • Implementation of the Final Act: Findings and Recommendations Five Years After Helsinki

    This report and its findings and recommendations are drawn from material compiled during the Commission's continuing study of Final Act implementation -- with special emphasis on the period since the last report in August 1977. Directed by law to give "particular regard" to the provisions of the Final Act section (Basket III) on Cooperation in Humanitarian and Other Fields, the Commission is: "Further authorized and directed to monitor and encourage the developoment of programs and activities of the United States government and private organizations with a view toward taking advantage of the provisions of the Final Act to expand East-West economic cooperation and a greater interchange of people and ideas between East and West." Guided by its mandate, the Commission has concentrated its attention in this report primarily on the compliance records of the Soviet Union and its Warsaw Pact allies where, with rare exceptions, the level of implementation in many areas has remained appallingly low and, in some cases, has even regressed. By comparison, Western CSCE states generally have maintained relatively high standards of implementation in all areas of the Final Act and, in particular, in those areas such as human rights where the Eastern record has been most dismal. Therefore, in examining the impact of the Final Act -- actions reflecting compliance with or violations of its articles -- the Commission, in this report, has directed the bulk of its research to those nations whose records under the Helsinki Accords stand the greatest need for improvement. 

  • Fulfilling our Promises: The United States and the Helsinki Final Act (1)

    The Commission has three main purposes in preparing this report. First, it hopes to demonstrate the good faith of the U.S. in assessing its Helsinki implementation record in light of criticisms from other CSCE countries and domestic critics. Second, the Commission hopes to stimulate honest implementation evaluations by other CSCE states and thus to lay the groundwork for real progress prior to the next review meeting at Madrid in 1980. Finally, the Commission hopes to encourage improved compliance by the United States. Although the Commission agrees with President Carter that the U.S. record is very good, additional discussion and interaction between responsible government agencies and interested private organizations in a necessary prerequisite to greater progress. This report follows the structures of the Final Act by discussing, in order, each major section or "basket" of the Act. Basket I deals with questions relating to security in Europe which includes Human Rights; Basket II, economic and scientific cooperation; Basket III, cooperation in humanitarian and other fields.

  • Fulfilling our Promises: The United States and the Helsinki Final Act (2)

    The Commission has three main purposes in preparing this report. First, it hopes to demonstrate the good faith of the U.S. in assessing its Helsinki implementation record in light of criticisms from other CSCE countries and domestic critics. Second, the Commission hopes to stimulate honest implementation evaluations by other CSCE states and thus to lay the groundwork for real progress prior to the next review meeting at Madrid in 1980. Finally, the Commission hopes to encourage improved compliance by the United States. Although the Commission agrees with President Carter that the U.S. record is very good, additional discussion and interaction between responsible government agencies and interested private organizations in a necessary prerequisite to greater progress. This report follows the structures of the Final Act by discussing, in order, each major section or "basket" of the Act. Basket I deals with questions relating to security in Europe which includes Human Rights; Basket II, economic and scientific cooperation; Basket III, cooperation in humanitarian and other fields.

  • Reports of the Helsinki Accords Monitors in the Soviet Union

    This volume is the third compilation of selected documents emerging from the Helsinki accord monitoring groups in the Soviet Union published by the Commission on Security and Cooperation in Europe. In a sampling of reports written between late 1976 and the summer of 1978, it is intended, as in the previous compilations, to illustrate the broad range of human rights concerns of the various monitoring groups whose common goal is the furthering of Final Act implementation in their own country. Efforts to promote CSCE compliance in the Soviet Union began in May of 1976 when 11 human rights activists in Moscow, led by Yuri Orlov, formed the first Public Group to Promote Observance of the Helsinki Agreements. Inspired by its example, other Helsinki groups were formed in Kiev, Vilnius, Yerevan and Tbilisi. Additional independent organizations with more narrowly defined focus, such as the Christian Committee for the Defense of Believers' Rights and the Working Commission on the Abuse of Psychiatry for Political Purposes, also emerged. Today, more than 50 group members, representing a broad spectrum of religious, ethnic and professional affiliations, are actively documenting human rights violations and engaged in promoting implementation of the Helsinki accord. While maintaining their individual identities, Soviet monitoring groups have frequently collaborated in their efforts to promote human rights. When the Lithuanian and Ukrainian groups were formed, for example, the Moscow group sponsored a joint news conference to publicize their creation. The Christian Committee, composed of four members of the Russian Orthodox Church, has written appeals on behalf of Adventists, Jews and Baptists. On occasion, two or more groups have issued joint declarations and other documents. Ordinary Soviet citizens, learning of the Helsinki groups via Western radio broadcasts, have traveled thousands of miles from remote regions in order to present documented evidence on human rights violations. Similarly, monitoring group members have journeyed great distances to conduct interviews and related research. Representatives of the Moscow group, for example, were sent to the northern Caucasus and to distant Nakhodka to visit Pentecostal communities desiring to emigrate. The representative documents of the Soviet Helsinki monitoring groups reproduced here address a wide range of human rights concerns: repressions of group members, violations of the rights of ethnic minorities, difficulties of emigration from the USSR, problems of religious believers and difficulties of current and former political prisoners. Economic concerns are also treated in several documents in the compilation. The Soviet monitoring groups carry out their work in an extremely repressive environment. Although 20 members of these organizations have been arrested and imprisoned, many new members have joined. Frequently, documents have been confiscated by the KGB. During a search of Orlov's apartment in Moscow, for example, material documenting persecution of parents advocating religious practices for their children was removed. In another case, Aleksandr Ginzburg's residence was searched and information on the health of seriously ill political prisoners was seized. The documents of the Soviet Helsinki monitors are truly a testament to their strength, courage and dedication. Their long-range goal -- the achievement of a humane society based on respect for law -- has yet to be realized. But already they have attained a moral victory in gaining the attention and respect of private and governmental groups throughout the world.

  • Soviet Law and the Helsinki Monitors

    Between February 3, 1977 and June 1, 1978, twenty Soviet citizens active in the defense of human rights in five different Republics were arrested and imprisoned; two others, traveling abroad on Soviet passports, were stripped of their citizenship and denied the right to return to the USSR. All are members of the Public Groups to Promote Observance of the Helsinki Agreement in the USSR (the Soviet Helsinki Watch) or, in the case of two men, of its subsidiary Working Commission to Investi­gate the Abuse of Psychiatry for Political Purposes. The twenty-one men and one woman are being punished under a variety of different criminal charges. Their "crime," however, is identical: political dissent, ex­pressed in the non-violent, open effort to spur Soviet authorities to implement the human rights and humanitarian undertakings of the August 1975 Final Act of the Conference on Security and Cooperation in Europe (the Helsinki Accord.) The following study by the staff of the U. S. Commission on . Security and Cooperation in Europe examines the workings of Soviet law and criminal procedure as applied in these cases of political dissent. It discusses the guarantees of Soviet law, including international covenants ratified by the USSR, against arbitrary arrest and unfair trial and compares those to the practices used against the Helsinki Watchers. From the study it is evident that those guarantees -- both substantive and procedural -- have been repeatedly violated in the persecution and prosecution of the twenty-two human rights activists. The violations uncovered range from improper conduct of pre-arrest house searches through illegally prolonged pre-trial detention to unlawful denial of the rights of the defense at the trial. This pattern of official conduct toward free, but dissenting political expression is not new in the Soviet Union. In the treatment of the Soviet Helsinki Watch, however, it has been systematic and can be termed, without question, a gross and intentional violation of both the pledges in the Final Act and the safeguards promised by the Soviet Constitution, Criminal Codes and Codes of Criminal Procedure.

  • The Belgrade Followup Meeting to the Conference on Security and Cooperation in Europe: A Report and Appraisal

    For some 5 months -- between October 4, 1977, and March 9, 1978 -- delegates of the 35 nations that signed the 1975 Helsinki accord met in Belgrade to determine how well the commitments set out in the Final Act of the Conference on Security and Cooperation in Europe had been kept. From their work, a new ingredient in East-West diplomacy emerged: The recognition of human rights as an integral aspect of detente. This is an important step on the road toward making Europe a place where human rights are universally respected in all countries, even though it carries no guarantees of speedy remedies for existing abuses. Although the Belgrade meeting examined new proposals, drafted a concluding document and scheduled the next review meeting, the main work of the Belgrade meeting was a line-by-line review of the Final Act. This complex document contained provisions for regulating the political relations between the states of Europe, for easing military tensions among them, and for improving trade, commerce and the flow of people and ideas between East and West. But the elements that caught the imaginations and enthusiasm of ordinary citizens were those guaranteeing human rights and fundamental freedoms and promoting policies among governments which would enhance their consistent observance. To understand the advance made at Belgrade and the limits on it, it is necessary to remember that CSCE decisions of the 35 countries can only be arrived at unanimously; each nation can reject any proposal or document by merely denying consensus. Moreover, the discussions at Belgrade were closed to the public and not transcribed, except for 2 weeks of formal, on-the-record speeches at the start and end of the meeting. Given these circumstances, Belgrade was more what therapists would call an "encounter session" than what jurists would regard as a tribunal. It was better suited for exchanges of views and arguments than for the issuance of formal findings or decrees. The United States and its allies-along with many of the neutral and nonalined countries-sought to make the review of Final Act implementation the touchstone of the Belgrade meeting. For the United States, the most urgent and important matters centered on questions of human rights, for it was here that performance was most glaringly deficient. The working sessions at Belgrade demonstrated the determination of Western and neutral signatories to record specific criticisms of Eastern implementation of the Helsinki Final Act.

  • Implementation of the Final Act: Findings and Recommendations Two Years After Helsinki

    In December 1976, at the conclusion of an 18-day study mission in Europe, five members of the Commission on Security and Cooperation in Europe reported that the "potential" of the 1975 Helsinki accords "for improving East-West relations over the long term is far more significant than their initial impact." Eight months of inquiry later-on the second anniversary of the signing of the Final Act-the Commission remains confident of the constructive "potential" of the 35-nation agreement. It finds, however, that much of the potential is yet to be realized. The potential has been dramatized by the popular response in Eastern Europe and the Soviet Union to the Helsinki accord provisions on human rights, eased conditions for travel and family reunification and freer flow of information. The impact of the Final Act on private individuals -- thanks to its immediate and widespread publication in the Warsaw Pact states -- has been great. Its publication stimulated significant expectations of change in governmental conduct. Those expectations, however, have been dashed in some instances, realized only partially in many others. Signatories have been obliged by a variety of political considerations to move cautiously, if at all, to tailor their foreign or domestic conduct to the specifications endorsed at the Helsinki summit of the Conference on Security and Cooperation in Europe. Having "declare[d] their determination to act in accordance with the provisions contained" in the Final Act,2 the participating states have -- with a few significant exceptions -- generally continued to act with limited regard for the undertakings they gave one another on August 1, 1975. The Final Act was meant to give an impulse toward a common code of European and North Atlantic diplomatic and civil conduct. Both an expression of and a political stimulus to the process of international detente, the Final Act is also, quite specifically, a framework for relaxation of East-West tensions and the promotion of more stable relations between different and differing social systems. As a nonbinding declaration of intentions (not a treaty), however, it could do no more than define aspirations and outline the manner in which they were to be met. The record of its implementation is the test of its impact. The record of the first 2 years has been more productive than the Commission expected, though far short of the high promises which the language of the Final Act holds forth. Signatory nations have treated the document seriously, though respect for some of its provisionsparticularly in the area of human rights -- has not matched either the commitments given nor the hopes those pledges aroused. The Helsinki accord has not brought dramatic changes in East-West relations, but history may note it as more than a small step toward peace and a stability based on something more than mutual fear. Two years is a relatively short time in which to alter the long standing practices of sovereign nations, either in regard to one another or to their citizenries. In measuring the achievements of the Helsinki accord, Secretary of State Cyrus R. Vance cautioned the Commission, "I do not think that one can take a look at it in this moment alone and say it has either been a success or a failure. I think what you have now is a mixture of things. We have some slight movement forward in certain areas; we have no movement in others; and we have retrogression in others. But I think that a process has been started. . . and that we must stay with that process and continue to press what we believe to be correct." The Commission concurs in stressing the value of a process which has made it possible for the officials and private citizens of the 35 signatories to engage one another in discussions and exchanges made legitimate and significant by the Final Act. At the international level, the conference of the participating states in Belgrade this year creates the first opportunity to evaluate jointly the progress that has and has not been made and to impart fresh momentum to the process which the Final Act set in motion. The conferees at Belgrade, however, have little reason for self-congratulation. As they review the record of implementation. they must conclude-as this Commission does-that the distance to be covered toward the Final Act's goal of "peace, security and justice and the continuing development of friendly relations and cooperation" is far greater than the very limited advances already achieved. No participant in the Belgrade meeting can convincingly claim for his nation a perfect record of compliance with all Final Act principles and provisions. All too often the intentions the signatories expressed have been ignored in practice. On occasion-and, in some instances, systematically-the letter and spirit of the Helsinki accord have been violated. The burden of responsibility for failures of omission and commission in human rights and humanitarian matters does fall more heavily on the countries of the Warsaw Pact than on the other 28 si-natories, either individually or in various groupings. It must be recognized that the Final Act, by the nature of its provisions, calls for more action by the Soviet Union and its East European allies to alter existing practices than it requires of the Western signatories. It would be a mistake, however, to consider all Warsaw Pact states as having entirely common policies in this regard. There is a degree of East European govern- ment concern over human rights to which Western observers are sometimes insensitive. A relatively open society has little difficulty honoring commitments such as those of the Final Act signatories -- to ease travel, contact, and flow of information across frontiers. The adjustment -- though it has not yet been fully made in the visa-issuing practices of France, Great Britain, and the United States, for instance -- need not be politically wrenching. Rapid, full compliance would, however, be unsettling to the traditions and attitudes of the Communist nations. Yet even where gestures of compliance have been made, they have been dilatory and largely cosmetic. Progress, in summary, has been inadequate. Measured against either the hopes voiced at the Helsinki summit or the need for smoother and more stable relations among the signatories, the implementation of the Final Act has fallen short.

  • Report of the Study Mission to Europe

    Study Mission of the Commission on Security and Cooperation in Europe visited 18 signatories of the Helsinki Final Act between November 5 and November 23, 1976. The purpose of the Mission was to gather information about the current status of implementation of the provisions of the Helsinki accords and to establish contacts with key European political and governmental officials as well as private individuals and organizations concerned with various aspects of the implementation process. The CSCE Study Mission was composed of Rep. Dante B. Fascell, D-Fla. (Commission chairman); Sen. Claiborne Pell, D-R.I. (co-chairman); Rep. Jonathan Bingham, D-N.Y.; Rep. Millicent Fenwick, R-N.J.; and Rep. Paul Simon, D-Ill. Travelling individually, Commissioners and staff aides met with government officials and parliamentarians in Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, Greece, Italy, Liechtenstein, Luxembourg, the Netherlands,' Norway, the Holy See, Sweden, Switzerland, Turkey, the United Kingdom and Yugoslavia, as well as with experts at NATO, the European Community, the Council of Europe, UNESCO, the Intergovernmental Committee on European Migration, the OECD, the United Nations High Commission for Refugees, and the United Nations Economic Commission for Europe. The Mission regrets that it could not confer with all signatory countries at this time and intends to do so in the future. The limited time available precluded visits to some countries. The Warsaw Pact countries, however, refused to permit the Commissioners to visit their countries, an action which runs counter to the very spirit of Helsinki. Additionally, the Study Mission met with half a dozen private refugee organizations, a number of recent Soviet exiles, more than 30 businessmen and organizations active in East-West trade, a cross section of journalists specializing in Eastern European affairs, and more than 20 individuals and private institutions conducting research on Helsinki implementation questions. Commission members Mansfield Sprague and James G. Poor from the Departments of Commerce and Defense, respectively, attended the initial and final joint Study Mission sessions in Brussels and London, and Commissioner Monroe Leigh of the Department of State attended the Brussels meetings.

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