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Report on the UN Committee on the Elimination of Racial Discrimination Review of the US and Seventh Annual Meeting of the UN Working Group on People of African Descent
Wednesday, December 17, 2008

By Mischa E. Thompson, Policy Advisor

Moving into the 21st century, racism and discrimination continue to be a problem throughout the fifty-six European, North American, and Central Asian countries that make up the Organization for Security and Cooperation in Europe (OSCE), including in the United States. Recent reports by the OSCE, European Union’s Fundamental Rights Agency (2008, 2007), and European Network Against Racism have found that racial minorities and increasingly migrants are the targets of hate crimes and racial/ethnic profiling, in addition to experiencing discrimination in employment, housing, education, and other areas. Political parties espousing anti-migrant and racist positions are also on the rise, with the potential to undermine current efforts to implement tolerance and nondiscrimination initiatives throughout the region.

Efforts to address these problems over the years have resulted in the development of multi-lateral instruments to stem the tide of racial discrimination. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is often considered a premier international instrument in this area. Adopted by the United Nations in 1965 and entering force in 1969, over 173 countries including the United States, have agreed to have their government policies reviewed to determine if they create or perpetuate racial discrimination. ICERD defines racial discrimination as “any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.” According to the treaty, countries are required to amend or repeal laws and regulations deemed to be discriminatory and are allowed to introduce positive measures such as affirmative action when necessary. As such, countries are obligated to protect against inequality and discrimination in the enjoyment of human rights, including in the areas of education, housing, criminal justice, health, voting, labor, etc.

While the 1975 Helsinki Final Act requires its members to respect human rights and fundamental freedoms “without distinction as to race, sex, language or religion,” no review mechanism comparable to the ICERD currently exists within the OSCE. In recent years, the OSCE participating States have urged ratification of the ICERD (e.g., Copenhagen 1990, Helsinki 1992, Maastricht 2003), adopted complimentary initiatives such as the Annual Hate Crimes Report, and conducted consultations and other activities within the United Nations on relevant initiatives. The ICERD and its implementing committee, the Committee on the Elimination of Racial Discrimination (CERD), therefore continue to remain a primary resource in outlining and determining the success of OSCE countries’ efforts to eliminate racial discrimination. For this reason, the 2008 CERD review of the United States and the status of U.S. efforts to combat racial discrimination were widely followed.

From February 18 to March 7, 2008 the Committee on the Elimination of Racial Discrimination (CERD) held its seventy-second session in Geneva, Switzerland. The Committee of eighteen independent experts, including a U.S. representative, is charged with periodically reviewing the performance of the 173 countries that have signed and ratified ICERD. During the seventy-second session, the Committee reviewed anti-discrimination efforts undertaken by the Governments of the United States, Fiji, Italy, Belgium, Nicaragua, Moldova, and the Dominican Republic. The United States appeared before the Committee on February 22 and 23 after having submitted a report in April 2007 on its efforts to eliminate racial discrimination after last appearing before the Committee in 2001. Over four hundred U.S. non-government organizations (NGOs) also compiled and submitted a “Shadow Report” to the Committee, which provided supplementary independent information in addition to the government perspective.

Twenty-three persons made up the diverse high-level U.S. delegation, headed by Ambassador Warren Tichenor, Permanent Representative of the United States to the United Nations in Geneva. The delegation also included: Grace Chung Becker, Acting Assistant Attorney General in the Civil Rights Division of the Department of Justice, and Ralph Boyd, a former member of the U.N. Committee. Other members of the delegation were from the Departments of Interior, Justice, State, Homeland Security, and Equal Employment Opportunity Commission. For the first time more than one hundred U.S. NGO representatives also attended the session as a “shadow” delegation.

The review began with the United States noting the continuing problem and challenges of combating racial discrimination, but disagreeing with the Committee’s views on causes and solutions. Ambassador Tichenor stated that, “the United States supported the elimination of racial discrimination at home and abroad [...] and had made significant progress in improving race relations in the past [and] continued to work actively to eliminate racial and ethnic discrimination. However, challenges still existed, and a great deal of work remained to be done.” The United States then went on to argue that the causes of continuing racial disparities were poverty and other socio-economic variables, including poor choices made by minorities and discriminatory actions by non-state actors, as opposed to institutionalized practices stemming from past unjust government policies (e.g., slavery, segregation). The United States further argued that it should not bare the primary responsibility for addressing racial disparities because it was not solely responsible for creating the current situation. To bolster this argument, the United States also argued that the Committee’s interpretation of the intent of the ICERD was incorrect in terms of the government needing to play the lead role in combating racial discrimination and disparities. (Find excerpts from the U.S. statements at the end of this report.)

This line of argument caused the Committee to question whether the United States still possessed the political will to comply with its ICERD commitments. Indeed, much of the proceedings involved Committee members reiterating the commitments ICERD countries have undertaken as signatories, including augmenting laws and regulations which “have the effect of creating or perpetuating racial discrimination wherever it exists.” Confusion was expressed as to why the U.S. government had supported efforts to end affirmative action in schools, while simultaneously highlighting the existence of racial disparities in all sectors of U.S. society. Further puzzlement was displayed as to why the United States was arguing against playing a lead role in combating discrimination, while at the same time introducing widely acclaimed new initiatives to combat discrimination such as the US Equal Employment Opportunity Commission’s E-RACE Initiative and National Partnership for Action to End Health Disparities. The Committee also questioned the status of and anticipated plans for other U.S. efforts to address de facto discrimination, manifested by racial profiling, lack of equal access to quality housing, healthcare, and education, the failure to preserve Native American land rights and return Hurricane Katrina victims to their homes.

Committee members also expressed disappointment in the United States. Several Committee members noted that they viewed the U.S. civil rights movement and resulting policies to address past inequities such as affirmative action, as models for policies they were considering and/or using in their own countries to address human rights concerns stemming from inequities and historical injustices. In some cases, these policies were developed following consultations with the U.S. government. Indeed, the Colombian Committee member remarked that he had participated in a visit to the United States as part of an Afro-Colombian delegation invited to view U.S. programs to combat racial discrimination.

Members of the Committee also requested that the United States participate in the 2009 Durban Review Conference, a follow-up to the 2001 World Conference against Racism, as a means for continuing the conversation on eliminating racial discrimination. The United States responded that it had withdrawn negotiators from the first Durban Conference “because of pervasive anti-Semitism in its discussions” and would make a decision regarding participation at a later date.

A summary of the U.S. Review before the Committee and Concluding Observations of the Committee included recommendations to the United States in areas ranging from affirmative action and immigration to voter disenfranchisement and the rights of Native Americans and tribal peoples. This includes a request for an interim report due in February 2009 on how the United States has implemented the Committee’s recommendations regarding: 1) racial profiling and counterterrorism efforts impacting Arab, Muslim, South Asian and others, 2) protecting Western Shoshone lands, 3) efforts to return displaced Hurricane Katrina victims, 4) decreasing minority youth imprisonment rates, and 5) organizing training programs and other initiatives to make government officials and parties at the state and local levels aware of U.S. responsibilities under the ICERD. This last point was repeatedly raised by the civil society shadow delegation. In particular they were concerned by “U.S. exceptionalism” – or the perception that United States tells other nations to abide by international human rights laws, but refuses to comply with those laws itself. The Committee also called for greater consultation and cooperation between the U.S. government and civil society in preparation of its next report due in November 2011 following concerns that civil society was not sufficiently consulted during the drafting of the 2007 report.

Also, of relevance in addressing global efforts to eradicate racial discrimination was the seventh annual meeting of the United Nations Working Group on People of African Descent (WGPAD). Formed in April 2002, the Working Group studies and proposes solutions to the problems of racial discrimination faced by people of African descent living in the Diaspora, with a focus on improving their human rights situation. The Working Group met for its seventh Annual Session on January 14 to 18th, where it reviewed its proceedings of the past seven years on thematic issues that impact the experiences of persons of African descent in the following areas: administration of justice, media, equal access to quality education, employment, health, housing, participation in political, economic, and social sectors, racial profiling, and the empowerment of women of African descent. The WGPAD seventh Annual Session focused on the development of recommendations based upon these past sessions as a UN requirement in preparation for the 2009 Durban Review Conference. The United States participated as an Observer at the meeting. The Final Recommendations included calls for countries to: develop and/or adopt national action plans and monitoring bodies to combat racism and assist victims, address racial profiling and other disparities in the criminal justice system, introduce socio-economic data collection methods that include African descendants, counter negative media stereotypes, develop a best practices report and index on racial equality, and create a fund to support NGO participation in future WGPAD activities and meetings. The next WGPAD meeting is scheduled for January 12-14th and will focus on youth.

Within the OSCE context, the WGPAD holds special importance as the only multilateral entity focused on the human rights situation of the more than five million persons that make up the African descendant or Black European population. In recent years, partially as a result of their high visibility in European countries, Blacks have increasingly become the targets of hate crimes and experienced discrimination in education, employment, housing, and other sectors. Additionally, Blacks are often the targets of anti-immigrant campaigns, including racial profiling, regardless of their citizenship (see also U.S. Helsinki Commission Hearing The State of (In)visible Black Europe: Race, Rights, and Politics).

Initiatives such as the CERD and WGPAD have been critical to maintaining a global focus on countries’ efforts to monitor and combat racial discrimination in line with their human rights commitments. Additionally, they complement OSCE efforts in this area such as this year’s OSCE Supplementary Meetings in Vienna on Roma and national institutions to fight discrimination against minorities and migrants. Because of the role promoting equality and non-discrimination plays in the protection of human rights and ensuring peace and security in the OSCE region, the U.S. Helsinki Commission has also increased its focus in this area.

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  • Status of Conventional Stability Talks in Europe

    This hearing, which Commissioner Steny H. Hoyer presided over, was part and parcel of an anticipated series of Conventional Stability Talks within the framework of the Commission on Security and Cooperation in Europe. The hearing also was a joint hearing of the Foreign Affairs Committee and the Helsinki Commission. At the hearing, Commissioner Hoyer expressed the sentiment of a heightened political awareness of the conventional force issue, particularly in the wake of the recently ratified INF Treaty, tempered with the desire to not have these sorts of issues (i.e. the CSCE’s expansion to encompass conventional force negotiations and the developing overlap of the conventional stability and CSBM talks) overshadow human rights. Balancing of the different East-West relations is an explicit objective, the Commissioner said. Not only did attendees at this hearing discuss Conventional Stability, but they also discussed the status of the agenda in Vienna and the developing relationship among all these talks within the CSCE process.  

  • Soviet Trade and Economic Reforms: Implications for U.S. Policy

    The motive for holding this hearing, which Rep. Steny H. Hoyer and Sen. Dennis DeConcini chaired, was due to the increased attention that the commercial aspect of East-West relations had gotten. Of course, balance among the different aspects of East-West relations has been a stated political objective of all signatories of the Helsinki Final Act. More specifically, attendees at the hearing discussed tying human rights on the part of the U.S.S.R. to East-West trade relations. From its inception, the Helsinki Final Act has explicitly set forward progress in the area of human rights and fundamental freedoms, as well as increased cooperation in areas of trade, exchanges, and military security. The sense of the hearing was that the U.S.’s security needs, human rights concerns, and economic can be balanced.

  • 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.

  • Vienna Review Meeting of the CSCE - Phase III and IV

    The main activity of the Vienna Meeting throughout Phases III and IV was the presentation and negotiation of proposals for inclu sion in the concluding document of the meeting. The number (more than 160), complexity and controversial nature of many of these propos­als led to the extension of the Vienna Meeting well beyond its target closing date of July 31. These factors, along with other ele­ments such as continuing major shortcomings in the implementa­ tion of existing commitments, are largely responsible for the con­tinuation of the Vienna Meeting into 1988. The slow pace of progress already evident in Phase II continued through the next phase. Each side defended its own proposals but showed little disposition to begin the process of compromise which could lead to the conclusion of the meeting. The main procedural development during this phase was the appointment of coordina­tors from the neutral and non-aligned states to guide the work of the drafting groups. This development provided greater order and structure for the proceedings but did little to advance the drafting work or to induce compromises. Other major developments during this phase were the introduc­tion of the long-awaited Western proposal on military security and the tabling of a comprehensive compromise proposed in Basket III by two neutral delegations, Austria and Switzerland. Both propos­als were put forth at the very end of the phase and thus did not have much impact until the next phase. The Western (NATO) proposal on military security questions was designed as a response to the Eastern proposal which envisioned two main objectives: another round of negotiations on confidence­ and security-building measures (CSBMs) to build upon the success­ful Stockholm meeting and the initiation of negotiations on conven­tional disarmament, both within the same CSCE forum. The West­ern response to this proposal was delayed primarily because of United States and French differences over the connection between the conventional arms negotiations and the CSCE process, the French arguing that the negotiations should be an integral part of the process and the U.S. insisting that they be independent. The issue was resolved by agreement that the negotiations would be "within the framework of the CSCE," but should remain autono­mous.

  • 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.

  • The Vienna Review Meeting of the CSCE - Compilation of Speeches (Jan-Apr 1987)

    On November 4, 1986, the 35 signatory nations to the Helsinki  Final  Act convened in Vienna for the third follow-up meeting of the Conference on Security and Cooperation in Europe. During the six weeks that followed the opening of the Conference, there was a thorough exchange of views on the implementation of the provisions of the Helsinki Final Act and the Madrid Concluding Document, along with discussion about the next phases of review of the Helsinki process. The United States delegation to the Vienna Review Meeting made significant contributions in detailing the human rights abuses of the Soviet Union and the Eastern Bloc countries in their many speeches in both the plenary sessions and in various subsidiary working groups.

  • National Minorities in Eastern Europe, Part I: The Turkish Minority in Bulgaria

    This hearing, chaired by Commissioners Steny Hoyer and Dennis DeConcini, focused on the Bulgarian government’s attempts to forcibly assimilate the sizable Turkish minority in their country. The assimilation campaign began in 1984, and was the most egregious example of the Bulgarian government’s denial of rights to its citizens.  This hearing was the first in a series of hearings in 1987 on national minorities in Eastern Europe.  Witnesses included Ambassador Richard Schifter, Halil Ibisoglu, and Thomas Caufield Goltz.

  • The Vienna Review Meeting of the CSCE - Compilation of Speeches, Nov-Dec 1986

    On November 4, 1986, the 35 signatory nations to the Helsinki  Final  Act convened in Vienna for the third follow-up meeting of the Conference on Security and Cooperation in Europe. During the six weeks that followed the opening of the Conference, there was a thorough exchange of views on the implementation of the provisions of the Helsinki Final Act and the Madrid Concluding Document, along with discussion about the next phases of review of the Helsinki process. The United States delegation to the Vienna Review Meeting made significant contributions in detailing the human rights abuses of the Soviet Union and the Eastern Bloc countries in their many speeches in both the plenary sessions and in various subsidiary working groups.  

  • 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.

  • Stockholm Meeting of the Conference on Confidence and Security Building Measures and Disarmament in Europe (CDE)

    In this hearing, which Rep. Steny H. Hoyer presided over, took place on the heels of the Stockholm Meeting of the Conference on Confidence and Security Building Measures and Disarmament in Europe (CDE). Concerning the conference, Chairman D’Amato stated, “This package of confidence- and security-building measures is designed to bring about greater openness with respect to European security and reduce the risk of war.” One of the main aspects of this “package” was the first inclusion of provisions for onsite inspection in an East-West agreement. The conference had large implications for the Helsinki process. For instance, one named concern was that security could overshadow human rights. The witness (Ambassador Barry) did say, though, that the conference could, if properly implemented, reduce the risk of war in Europe, contribute to greater security and openness, and lead to improved East-West relations. 

  • 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.

  • GAO Report: Helsinki Commission: The First 8 Years

    This report, which describes and evaluates the work of the Commission on Security and Cooperation in Europe, is in response to Chairman Fascell's request.  The report's conclusions: We believe that the Commission on Security and Cooperation in Europe has helped, through its hearings and reports, to focus public attention and to inform public opinion and has made itself a principal Western source of information on Soviet and East European violations of the Final Act; helped resolve numerous family reunification cases for Eastern victims of Communist repression; played a key role in planning and conducting U.S. Helsinki diplomacy.; and effectively promoted a strong U.S. human rights policy in the East-West dialogue about cooperation, detente, and international security. The Commission has put considerably less emphasis on implementing its second mandate--to monitor and encourage governmental and private programs aimed at expanding East-West economic and cultural cooperation. The Commission's unusual organizational arrangement has worked well, although there were some initial difficulties, and as some observers have pointed out, more orthodox arrangements could also have worked well. Commission-participation in the international conferences has enhanced its ability to carry out its mandate to monitor and report on implementation of the Helsinki accords, and it has increased the ability of the Commission's congressional members to influence U.S. policy in the Helsinki process. Yet it has invited criticism on constitutional grounds relating to the separation of powers because it has, in practice, given executive functions to staff personnel who report to members of Congress. No one we consulted has suggested that this arrangement should be changed with respect to the Helsinki Commission. Some, however, have cautioned against suggestions that such an arrangement might be applied to other areas of U.S. foreign relations.

  • Documents of the Soviet Groups to Establish Trust Between the US and the USSR

    Appeal To The Governments and People of The USSR and The USA: The USSR and the USA have the means to kill in such proportions that would end the history of mankind. A balance of terror cannot be a reliable guarantee of safety in the world. Only trust between peoples can create a firm assurance of the future. Today, when elementary trust between the two nations has been completely lost, the problem of trust has ceased to be simply a question of bilateral relations. This is the question: Will mankind be wiped out by its own destructive capabilities or will it survive? This problem demands immediate action today. It is, however, very obvious that political leaders of both sides are incapable of coming to any sort of agreement about significant arms limitations in the near future . ... to say nothing of genuine disarmament. Due to their political interests and circumstances, politicians find it difficult to be objective on disarmament issues  Recognizing this, we do not wish to accuse one side or the other of not wishing to promote the peace process, nor certainly of any aggressive designs for the future. We are convinced of their genuine desire for peace and curtailment of the nuclear threat. However, the search for the path to disarmament has become difficult. We all share an equal responsibility for the future. The active peace movement among citizens of many countries proves that this is understood by millions of people. But our common desire for peace must not be blind It must be perceived and expressed in concrete terms. It must be presented in the context of actual conditions. The world is concerned about its future. Everyone understands that there must be dialogue if the threat is to be removed. The prevailing principles of conducting bilateral dialogue must be changed immediately. We are convinced that the time has come for the public not only to confront decision makers with the issue of disarmament, but to participate in the decision making process with the politicians. We are in favor of quatrapartite dialogue - for dialogue in which average Soviet and American citizens are included on an equal footing with political figures. We favor consistent and, ultimately complete destruction of stockpiles of. nuclear weapons and other forms of mass destruction, and for limitations of conventional weapons. We view the present program for the search for peace as the following: 1. As a first step to abolish the nuclear threat, we appeal to everyone who does not desire the death of his neighbor to submit his own specific proposals on bilateral limitations and cutbacks of weaponry, and, most of all, for the establishment of trust. We call for each such proposal to be forwarded simultaneously to the governments of both countries and to representatives of independent public peace groups. We hope espeially that our call will be heeded by the peoples of the Soviet Union and the United States, whose governments bear the main responsibility for maintaining the safety of the world. 2. We call upon the citizens of both countries to create combined international public groups, based on the principles of independence. Their functions would include: the receipt and analysis of individual proposals on disarmament and promoting trust between nations: the selection of the most interesting and realistic proposals: bringing these proposals to the attention of the respective populations about the possible consequences of the use of nuclear arms, and about all issues concerning disarmament. 3. We appeal to the scientific community, particularly to independent international scientific organizations involved in the campaign for peace, to work on scientific problems directly connected with the preservation of peace. For instance, at the present stage, it is extremely important to develop a unified mathematical method for evaluating the weaponry of the opposing sides. We call upon scientists to create independent research groups to scientifically analyze citizen proposals. 4. We call upon political leaders and the media of both countries to refrain from mutual accustions about intentions to use nuclear weapons for aggressive purposes. We are convinced that such accusations only inflame distrust between the sides and thus make any constructive dialogue impossible. 5. We view as necessary guarantees of the establishment of trust that the USSR and the USA must create conditions for the open exchange of opinions and to inform the publics of both nations on all issues on the process of disarmament. We appeal to the governments of the USSR and the USA to create a special international bulletin (with a governmental guarnatees of distribution in both countries), in which both sides would conduct a dialogue, hold discussions, and would make public reports on the following issues, among others: a. An analysis of disarmament negotiations and the documents of the negotiations b. An exchange of opinions and proposals on possible ways to limit arms, and on disarmament c. An exchange of proposals on the establishment of trust d. An exchange of information on the possible consequences of using nuclear arms. Such a bulletin would provide an opportunity for independent citizens' peace groups to participate in general discussions, publish uncensored materials, especially proposals on disarmament and trust and information on (various) peace movements and the steps they have taken. We appeal to the governments and public opinion of the USSR and the USA since we are convinced that everyone who understands that the future needs to be defended must have a genuine opportunity to defend it! Moscow; June 4, 1982 Batovrin, Sergei Blok, V.R. Fleishgakker, Maria I. Khronopulo, Yu. G. Fleishgakker, V.N. Rozenoer, S.A. Sobkov, I.N. Ostrovskaya, L.A. Krochik, G.M. Kalyuzhny, B.I. (and seventy-four signatures in support) (the appeal is open for signatures.)

  • Chairmanship of the Commission on Security and Cooperation in Europe

    This hearing was convened to discuss H.R. 4504, a bill introduced by the committee chairman, the Honorable Dante Fascell, of Florida.  This legislation provided for several changes in the administration of the Commission on Security and Cooperation in Europe. First, it stipulated that the Chairman of the Commission could not also be the chairman of another sitting committee. Second, it provided for rotation between the House and the Senate for chairman of the Commission to ensure that it meets the needs of both houses of Congress. Third, it established the position of co-chairman, which had previously been an informal arrangement. Representatives of several organizations, including the National Conference of Soveit Jewry, the Helsinki Watch, and the Joint Baltic American National Committee, spoke in favor of the legislation. The bill was ultimately passed in a vote by the House Committee on Foreign Affairs' Subcommittee on International Operations.

  • Update on Raoul Wallenberg

    This hearing focused on the disappearance of Swedish diplomat Raoul Wallenberg, distinguished diplomat who risked his life to help grant protection to Jewish refugees in Hungary during Nazis occupation. Wallenberg’s whereabouts became unknown when the Soviets liberated Hungary. Despite Soviet declarations that Mr. Wallenberg died in 1947, many witnesses have contested this claim and have reported that he is in fact in Soviet prison. The Commissioners and the witnesses discussed the U.S. response and what further actions may be needed.

  • Soviet Jewry: H. Con. Res. 63

    This joint hearing by the Committee on Foreign Affairs, Subcommittee on Human Rights and International Organizations, and the Commission on Security and Cooperation in Europe examined the plight of Jews in the Soviet Union. Moscow's heightened campaign of hatred against its own citizens, in flagrant disregard of international law, was identified as a factor in whether the United States should enter into any further agreements with the Soviet Union, especially ones which involve United States security. Witnesses testifying at this hearing expressed their concerns about the continued persecution and harassment of the Jewish community in the Soviet Union. The repressive policies instituted by the Soviet regime to destroy Jewish culture, despite its commitment to the human rights terms agreed upon during the Helsinki Final Act, were outlined.

  • 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. 

  • Review of Implementation of Basket II of the Helsinki Final Act

    This hearing, which Commissioner Jonathan B. Bingham chaired, was a joint meeting of the Commission on Security and Cooperation in Europe and the Subcommittee on International Economic Policy and Trade of the House Foreign Affairs Committee. These organizations held this hearing after the establishment of a new strategy by the U.S. in its relations with the Soviet Union. More specifically, the month before this hearing, the CSCE adopted a resolution condemning the Soviet invasion of Afghanistan and the arrest and exile of Andrei Sakharov as blatant violations of the Helsinki Final Act. Commissioner Millicent Fenwick, who was also one of the sponsors of legislation creating the CSCE, proposed this resolution. Likewise, the resolution called on the signatory states of the Final Act to join in such protest and undertake such sanctions against the former U.S.S.R. as may be available to them. The hearing itself, then, focused on the current status and prospects of U.S. commercial and economic relationships with the U.S.S.R. and Eastern European countries, implementation of Basket II, efforts to promote better implementation, and the impact the Soviet violation of the Helsinki accords in Afghanistan would have on the Madrid Review Session and the CSCE process as a whole.

  • 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. Click to read Part 2.

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