Title

Title

U.S. Helsinki Commission Participates in D-Day Commemorations
Tuesday, June 18, 2019

By Alex Tiersky, Senior Policy Advisor
and Kyle Parker, Senior Senate Staff Representative

On June 6, 1944, universally known as “D-Day,” history was forever altered by the largest multi-national amphibious landing and operational military airdrop in history. On that day, approximately 160,000 Allied troops, supported by more than 5,000 ships and 13,000 aircraft, braved the withering fire of Nazi Germany's fortifications on the beaches of Normandy to gain a foothold in continental Europe, commencing in earnest the liberation of Europe and the end of Adolf Hitler’s Nazi regime. 


The program for the June 6 Ceremony for the 75th Anniversary of D-Day, Normandy American Cemetery, Omaha Beach, Colleville-sur-Mer, France.​

Members and staff of the U.S. Helsinki Commission traveled to Normandy to commemorate the 75th anniversary of that momentous day and to honor the bravery and sacrifice of more than 9,000 Allied Soldiers who were killed or wounded in the assault. 

The presence of members of Helsinki Commission leadership, including Co-Chairman Sen. Roger Wicker and Ranking Member Sen. Ben Cardin, attested to the continued strength of the transatlantic bond cemented by this seminal event.Their presence underlined once again the continued U.S. commitment to European security, and to promoting freedom, justice, and peace in the OSCE region and beyond.


Army flight formation as part of the D-Day commemoration.

The 2019 anniversary took on special resonance, as it is likely to be the last major opportunity for D-Day veterans—now in their mid-90s and older—to participate.

Commission representatives began the morning of June 6, 2019 with a ceremony at the Normandy American Cemetery at Colleville-sur-Mer. The hallowed ground, which sits on a cliff overlooking Omaha Beach, contains the graves of more than 9,380 of American soldiers, most of whom lost their lives in the D-Day landings and ensuing operations.


Left, General Dunford, Chairman of Joint Chiefs speaks to Representative Michael Waltz (FL-06).

At the ceremony, Helsinki Commission Co-Chairman U.S. Senator Roger F. Wicker recalled being moved by President Trump’s remarks. As Senator Wicker recently relayed at a hearing in Gdansk, "Under no circumstance can we be divided from our friends and allies, here or anywhere else.  I was reminded of this key principle when I participated in the commemoration of the 75th anniversary of D-Day in Normandy.  I am certain all of my colleagues are unanimous in their agreement with the sentiment President Trump expressed on that occasion: “To all of our friends and partners: Our cherished alliance was forged in the heat of battle, tested in the trials of war, and proven in the blessings of peace.  Our bond is unbreakable.” 

A particularly poignant moment of the ceremony saw French President Macron turning to face several dozen veterans of that fateful day 75 years ago to tell them in their native tongue, "We know what we owe to you, veterans: our freedom. And on behalf of my nation I just want to say thank you."


Canadian Prime Minister Trudeau speaks at the Juno Beach ceremony.

Later on June 6, Commission representatives took part in a second ceremony, this one at Juno Beach (Courseulles-sur-Mer), where some 21,000 men (14,000 Canadian and 7,000 British) had landed 75 years before. The ceremony, presided over by French Prime Minister Édouard Philippe (in the presence of Speaker of the United States House of Representatives Nancy Pelosi and Canadian Prime Minister Justin Trudeau, among other dignitaries), featured solemn remarks from senior officials. However, perhaps most moving were a series of personal reflections from school-age children on the meaning of war, peace, and memory. Their innocent sincerity offered possibly the greatest tribute to what the heroes of D-Day fought and died for. 

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    Economic and Environmental Dimension Implementation Meeting Session 3: Good Governance Before I begin, I’d like to thank the panelists today for their excellent and informative presentations. 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The global economic downturn continues to put extreme pressure on people and governments across the OSCE region.  To be sure, some countries have weathered the storm better than others.  Still, no country can be forever immune to market forces, and even within those that have done well, there are always citizens left behind.  This is certainly the case in the United States, and for this reason President Obama is focused intently on how best to put those Americans without a job back to work.  We all know that trade and investment are critical drivers of economic growth.  Indeed, recognizing this important reality, the Obama Administration has launched the National Export Initiative, which seeks to deepen our strategic trade relationships around the world, recognizing that 85 percent of world GDP growth will occur outside the United States in the coming few years.  As we encourage more American businesses – large and small – to embrace international trade, seek opportunities in new markets, and make strategic investments that will lead to increased global trade flows, we are keenly aware of the challenges and costs posed by official corruption, weak institutions, and lack of respect for property rights, including intellectual property. 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For example, the ITA has championed business ethics and corporate governance reform since the early 1990s, following the fall of the Berlin Wall.  Our Business Ethics Manual has been translated into Chinese, Spanish and Russian and is still one of the most widely used resources on this important topic.  We have partnered with business associations and chambers of commerce to develop collective action and business ethics program in many markets.   Our work on business ethics has grown.  This past year, the ITA has focused on trying to heighten awareness of good governance, transparency and business ethics in sectors of vital importance to many economies – by taking a “sectoral” approach to combating corruption and promoting good business practice, the challenge of dealing with corruption becomes less daunting.  The ethical issues specific to different industries vary greatly – and there is no one-size-fits-all approach to the problem.  Within the G20, for example, the United States, at the initiative of the U.S. Department of Commerce, has taken the lead in calling for the G20 to endorse additional sectoral approaches to fighting corruption, beyond the Extractive Industries Transparency Initiative (EITI).  We have asked G20 governments, for example, to consider supporting the Construction Sector Transparency Initiative (COST) – a new multistakeholder initiative, developed by the World Bank.  COST uses similar approaches to EITI to promote greater transparency in public infrastructure projects and government procurement.  I hope that the OSCE might similarly consider COST and other multistakeholder approaches to promoting transparency under the Irish chairmanship.     Within APEC, the ITA has focused on developing new ethical principles for key sectors within the APEC region.  I am pleased to report that under the APEC SME working group, we have coordinated a project with APEC countries and businesses to develop principles of business ethics in the construction, medical devices and biopharmaceutical sectors.  These voluntary principles are meant to be used by businesses and trade associations – large and small – to guide their ethical interactions with public officials and institutions.   I hope that within the OSCE framework and the EEDIM, we might also consider focusing on business ethics in specific sectors of interest to all of our economies.  I want to close by suggesting some activities to take the theme of good governance and transparency forward.  In addition to encouraging the OSCE to formally endorse the Extractive Industries Transparency Initiative—a move that would send an important signal about this body’s commitment to the principles of good governance and transparency—the U.S. encourages us to explore whether there are additional sectoral initiatives that merit support from the OSCE, including the Construction Sector Transparency Initiative.  The United States Government also strongly supports the Irish Chair’s goal to develop a Statement or Declaration of Transparency Principles to help guide our governments in their future activities. I want to encourage us to consider new models of bilateral cooperation to promote good governance such as the model Mr. Murray just discussed, leading to a public-private initiative in the Russian power generation sector.   We at the U.S. Department of Commerce are working closely with the Center for Black Sea/Caspian Studies at American University to potentially convene a conference in May of next year that would seek to address the challenge of developing mechanisms to ensure good governance and transparency, while also balancing the goals of protecting national security and accelerating economic development faced by the countries of the Caucasus and Central Asia, as they seek to assert their role as a gateway between Europe and Asia.  In addition, the conference will also focus on specific market access challenges to regional integration and economic development in the Caucasus and Central Asia such as transparency in Government procurement and privatization, and trade facilitation challenges, including customs and lack of regional harmonization.  It is our hope that the OSCE will join us for this event – focused on critical areas such as transport and infrastructure – to work on tangible ideas for projects and collaborations in the OSCE region. We look forward with great interest to the 20th Economic and Environmental Forum, where we will delve deeper into all the facets of good governance.  We also thank the Lithuanian Chairman-in-Office for ensuring that their draft Ministerial Council decision on Energy Security incorporates transparency in the energy sector – in our view, considering the vital role that energy plays in modern economic life, there can be no confidence, and thus no security, without energy transparency.  In the year ahead, we envision an even broader focus on transparency principles across the entire spectrum of economic and environmental activities, and will work with all of our colleagues in the OSCE to make that vision a reality. Thank you, Mr. Moderator.

  • Commissioner Camuñez's Opening Statement at the Economic and Environmental Dimension Implementation Meeting

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As a Commerce Department Assistant Secretary for Market Access and Compliance, I am responsible for helping lead the effort to open new markets for U.S. companies, identifying and eliminating market access challenges such as non-tariff barriers to trade, and helping to monitor and enforce U.S. trade agreements and commitments. The work of the Environmental and Economic Dimension, especially that which focuses on transparency of markets and good governance, is closely aligned with the work we undertake in the International Trade Administration. I am here today to deliver the message that the U.S. Government is highly committed to making the second dimension even more effective and dynamic, and that we will do our part in ensuring that our economic and environmental commitments receive the same level of attention and scrutiny that those in the political-military and human dimensions currently enjoy. I will try to keep my remarks brief, but I think it is critical that we take a close look at the economic and environmental commitments as they were spelled out in the 2003 Maastricht Strategy. We still see Maastricht as the key blueprint for moving forward on all the  commitments that have come before, and in particular, note a number of areas where we could pursue significant, substantive action over the next few years to achieve measurable progress. Our commitments on economic cooperation have at their core the idea of connectedness to regional and global markets, to trade and investment networks, and to energy and transportation infrastructure, as a way to address emerging economic challenges and threats. In light of the global economic downturn, it is vital that we recommit ourselves to increasing cooperation through a variety of measures, including improving corporate governance and public management, eliminating unnecessary and discriminatory barriers to trade, continuing  to harmonize our regulations and standards where appropriate, taking further steps to combat financial crimes like bribery and money laundering, and increasing confidence through the incorporation of transparency principles in all of our public and private ventures. At the same time, in view of our progress made this year worldwide on  empowering women in the economy, first at the Invest for the Future Conference in Istanbul in January and most recently at the APEC Summit in San Francisco, we believe it is important to recognize the critical connection between women and strong economies, and to remove all barriers that prevent women from full and equal participation in the economy. I would like to focus my comments this morning on the subject of good governance, however. We have committed ourselves time and again to “good governance,” and while progress has been made, much work remains to be done. As stated in the 2003 Maastricht Strategy, achieving good governance will require a comprehensive, long-term strategic approach. In the view of the U.S. Government, good governance is the core theme within the economic and environmental dimension, and we are pleased that next year’s Forum will address the topic in a broad and detailed way. When we speak of good governance, we speak about governments having both the propensity and the competence to manage complex political and economic systems in a fair, fully inclusive, and transparent way. Anti-corruption is part of it, but not the whole picture. It’s about having transparent, clear and predictable legislative and regulatory frameworks that foster efficient and low-cost business formation and development, and most importantly allow and even encourage robust participation in the political and economic spheres by civil society. Let me say a few words about my agency’s past and current work in this area, reserving greater details and the highlights of a new proposal for Session III tomorrow. From 1998-2008, the U.S. Department of Commerce launched a Good Governance Program, focused on partnering with the public and private sectors in the countries of the former Soviet Union and Central-Eastern Europe. This work, focused on promoting sound corporate governance and business ethics, culminated in the publication of a Business Ethics Manual, a Commercial Dispute Resolution Handbook, and a Corporate Governance Manual translated into several languages and disseminated widely throughout the OSCE region. Today, we continue to work on numerous initiatives around the world, within multilateral fora such as APEC and the G20, which involve OSCE members, promoting consensus based principles focused on anticorruption. We have taken our business ethics work and branched out into new regions including Asia and Latin America. Despite a clear understanding of its importance, the lack of good governance and systemic corruption remain some of the single most important market access challenges for companies engaged in trade around the world. This is especially true for small and medium sized enterprises, which are the engine of economic growth and innovation throughout the world. The United States believes that addressing these issues can only lead to greater investment, economic prosperity and security. Over the next three days, we will discuss OSCE support for the Extractive Industries Transparency Initiative (EITI). I am pleased to report that the U.S. Department of Commerce played an important role in supporting the creation of the EITI in its initial phase. The OSCE now has a chance to follow in the steps of the G8 and G20, by endorsing the EITI, and I applaud the governments that have preceded the United States as implementers. The EITI is a great example of how shared commitments towards good governance and transparency in a vital sector to many countries can work and build sustained momentum and engagement between the private sector, governments and civil society. Tomorrow I will share more concrete information about the work that the U.S. Government and my Department have undertaken to promote good governance and to combat corruption. I am pleased to have an expert on business ethics and anti-corruption in the energy sector, as part of the U.S. delegation. Mr. Matthew Murray runs the Center for Business Ethics and Corporate Governance in St. Petersburg, Russia, and he’ll speak to you later about a good governance initiative involving public and private stakeholders in the power generation sector in Russia, which may serve as a model for similar programs in other OSCE countries. I am also pleased to have Kate Watters of Crude Accountability joining the U.S. delegation, who will provide some examples of how transparency is a critical component of enhancing security in the environmental sphere. A month ago, the Economic and Environmental Forum discussed the concept of sustainability and where efforts to promote sustainable practices stand in our region. Those discussions remind us that our commitments on sustainable development encompass a broad spectrum of activities related to efficiency, sound resource management, and the full involvement of all stakeholders in decision-making. Just to cite an example from the Prague Forum, we recognize that in order to further develop economies and markets in such varied areas as the Black Sea region and Central Asia we will need to address several problems: improving the efficiency of border crossings and building construction, tilting the energy mix towards cleaner fuels, harmonizing standards and practices across the region, and, just as critically, ensuring broad involvement of civil society in the decision-making on project proposal, design, and implementation. One thing that sets the OSCE apart from many other organizations addressing the environment is recognition of the clear connection between the environment and security. We recognize that many environmental disasters cannot be predicted or prevented. At the same time, greater transparency – through information sharing and civil society engagement – about possible security risks stemming from the environment will make it possible to prevent or mitigate more disasters, both natural and man-made. We also must recognize that failure to protect the environment is itself a security risk, putting increased pressure on populations facing dwindling resources of clean air and water, arable farmland, and adequate energy. Colleagues, The next three days provide a critical juncture and platform for finding consensus on measures that will improve our implementation of the OSCE commitments in the economic and environmental dimension. The Vilnius Ministerial is only a month and a half away; now is the time to summon the political will to find a way forward. We look forward to building consensus on decisions on energy security, to include good governance and transparency, and we welcome constructive dialogue on additional measures proposed on confidence-building initiatives and sustainable transport. We view these elements, along with sustainable development and protecting the environment, as the cornerstones of the Maastricht Strategy, and will be speaking about these over the next several days. Just a month ago, we found some convergence of opinion on discrete aspects of the second dimension. Let us expand that convergence to the entire dimension as we review our economic and environmental commitments over the next few days, with a view toward substantive deliverables for Vilnius. Thank you, Mr. Moderator.

  • 2050: Implications of Demographic Trends in the OSCE Region

    The hearing focused on the implications of current demographic trends in the expansive OSCE region through the prism of the security, economic and human dimensions.  Most of the OSCE’s 56 participating states are experiencing varying stages of demographic decline, marked by diminishing and rapidly aging populations. Such patterns were identifying as likely to have significant social, economic and security consequences for countries throughout the region, including the United States. Witnesses testifying at this hearing – including Jack A. Goldstone, Director of the Center for Global Policy at George Mason University; Nicholas Eberstadt, Henry Wendt Scholar in Political Economy of the American Enterprise Institute; Richard Jackson, Director and Senior Fellow of the Global Aging Initiative at the Center for Strategic and International Studies; and Steven W. Mosher, President of the Population Research Institute – addressed issues related to the demographic trends in the OSCE region, such as shrinking workforces in a growing number of participating States that are expected to become increasingly dependent upon foreign workers in the coming decades. A concern that these factors could contribute to mounting social tensions as demonstrated by clashes in some participating States in recent years was evident.

  • U.S. Commission Denounces France's Roma Evictions

    An independent US commission of elected officials that monitors human rights in Europe denounced Wednesday the controversial forced deportations of Roma from France to Romania and Bulgaria. "The situation of Roma in Europe will not be fixed by playing a shell game with them," said Florida Democratic representative Alcee Hastings, co-chairman of from the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission. "I perceive such actions as wrong-headed political maneuvers, particularly the discriminatory policy of targeting Roma for expulsion," Hastings added, saying that France and other countries "should focus on integrating Roma where they are." French President Nicolas Sarkozy and his administration have been under fire for weeks, and now face possible legal action from the European Union for a policy of deporting members of the traveling communities. The French government has in recent months expelled thousands of Roma, whom the government accuses of acts of criminality, including aggressive begging and theft. "Minority communities are part of a larger fabric of society and we are all put at risk when those who seek to divide for political gain are allowed to take the lead," Hastings said in commission statement to Congress, at a hearing on the situation facing minorities in France. French Ambassador Pierre Vimont insisted to US lawmakers however that there was "nothing like a collective action against this so called community," referring to the Roma. The French government, he said, was "taking measures against individual citizens that are creating a problem relating mostly to public order." France has charged that one in five thefts in the Paris area was carried out by a citizen of Romania, noting that many Romanians in Paris are from the Roma minority. France has deported some 1,000 Roma migrants to Bulgaria and Romania since last month, and more than 8,000 Roma have been deported since the beginning of the year, after 9,875 were expelled in 2009.

  • Roundtable Discussion: Minorities in France

    On behalf of Congressman Hastings, Dr. Mischa Thompson of the U.S. Helsinki Commission addressed concerns for the respect of minority rights in France, highlighting both the positive and negative developments that have been made in an effort to learn from both situations. Several points were discussed including the increasing number of minorities within politics in France and the countries response to Roman policies. Witnesses testifying at the briefing from both France and the United States assessed the status of minorities, especially young individuals, in regards to participation in political issues, economic issues, budgetary issues, and public health. Efforts to deconstruct ethno-racial prejudices and the methods of doing so were also debated.

  • Anti-Roma Actions Erupt in France, Europe

    Madam Speaker, I rise today to address the comments made by French President Nikolas Sarkozy that have caused quite the media flurry in the past few weeks. On July 16, French police shot and killed a Romani man when he apparently tried to run a roadblock. This shooting sparked two days of rioting by some 50 members of his community damaging the local police station and private property. In a story that has now been covered by the media from Vancouver to Moscow, French President Sarkozy subsequently announced that he would look into ``the problems created by the behavior of certain travelers and Roma,'' with a view toward the closing down Romani camps and driving out Roma. Government statements have indicated these measures would focus on finding and expelling Romani citizens from Bulgaria and Romania--two European Union countries. Despite the fact that the Romani man in the July 16 incident was actually a French citizen--Mr. Sarzkozy later spoke of stripping citizenship from nationalized French citizens convicted of serious offenses. Not surprisingly, human rights groups have condemned the President's remarks with one voice. Council of Europe Human Rights Commissioner Thomas Hammarberg rejected the notion of holding Romani people collectively responsible if one among them commits a crime. Good for you, Mr. Hammarberg. (It is a shame that the European Union has been so utterly silent and paralyzed in the face of this downward spiral.) Many of the reports and analyses of these events, such as last Friday's editorial in the New York Times, rightly placed these developments in the context of French politics and President Sarkozy's political imperatives. Understanding the current political dynamic in France, particularly the ongoing debate over ``national identity'' and the situation of Muslim and African-origin minorities in France, is extremely helpful in understanding the President's expansion into anti -Roma mudslinging. But there is a wider, broader European context for his remarks that I think must be addressed. French Interior Minister Brice Hortefeux has stated that the new measures targeting Romani camps are not aimed at ``stigmatizing a community'' but rather at stopping illegal activity. This sounds remarkably like the rhetoric of Hungary's far right wing party, Jobbik, which claims it is not against ``Gypsies,'' just ``Gypsy crimes.'' In fact, rhetoric linking Roma to criminal activity or broadly portraying Roma as criminals--traffickers, prostitutes, thieves, and so forth--is pervasive throughout Europe. In early July, in the wake of a mass expulsion of Roma from Copenhagen, Danish Minister of Justice reportedly made remarks tying Romani culture to criminal behavior. Romania's foreign minister remarked in February about ``the natural physiology of Roma criminality.'' For two years now, Italy has been gripped by anti -Roma policies, included targeting Roma for fingerprinting, that are built on a perception of the Roma as criminals. The idea of Romani people as inherently criminal is not new. In fact, it was at the very center of Nazi racial theories regarding Roma. According to these theories, Roma --as descendants of an Aryan people--we're just fine on their own. But Nazi racial hygienists concluded that, as a result of intermarriage between Roma and non-Roma, Roma had been left with mixed, ``degenerate'' blood and were genetically predisposed to criminality. Moreover, Roma were ``unadaptable''--that is, this condition could never be changed. These Nazi racial theories provided the rationale for the sterilization, persecution, and eventual extermination of Roma. Unfortunately, as Thomas Hammarberg, the Council of Europe Commissioner for Human Rights, has observed, ``Even after the..... Nazi killing of at least half a million Roma, probably 700,000 or more, there was no genuine change of attitude among the majority population towards the Roma.'' In other words, Nazi racial theories regarding Roma remain remarkably entrenched and are regularly given voice in the rhetoric about ``Romani crime.'' Madam Speaker, last year Senator Cardin and I, as Chairman and Cochairman of the Helsinki Commission, wrote to Secretary Clinton regarding the situation of Roma in Europe. In particular, we noted that ``racist rhetoric directed against Roma today often uses terminology or images that have been in continuous use since the Nazi era,'' and we argued that teaching about Romani experiences during the Holocaust is essential to successfully combat prejudice against Roma today. Perhaps this could start in France. 

  • Copenhagen Anniversary Conference

    By Orest Deychakiwsky, Policy Advisor Representatives from a majority of the 56 OSCE participating States and several dozen non-governmental organizations (NGOs) gathered in Copenhagen on June 10-11 to mark the 20th anniversary of the adoption of the 1990 Copenhagen Document and to assess implementation of key provisions of that landmark document. The anniversary conference, titled “20 years of the OSCE Copenhagen Document: Status and Future Perspectives,” was co-organized by the Kazakhstani OSCE Chairmanship and Denmark, and held at the Eigtveds Pakhus, Danish Ministry of Foreign Affairs. Michael Haltzel led the U.S. delegation, which was joined by U.S. Ambassador to the OSCE, Ian Kelly and representatives from the OSCE Mission in Vienna, the State Department and the Helsinki Commission. Five substantive working sessions, reflecting some of the major themes of the groundbreaking Copenhagen Document, were held: Democratic processes – elections and human rights; Rule of Law; National Minorities; Freedom of Movement; and Measures to improve implementation of the human dimension commitments. Many speakers highlighted the historic importance of the Copenhagen Document, which offered a blueprint for pluralistic democratic development, rooted in the rule of law and protection of human rights, throughout the OSCE region – a revolutionary document at the time and one that remains highly relevant two decades later. The June 1990 Copenhagen Meeting came at a unique time in history when dramatic changes were taking place; the fall of the Berlin Wall and subsequent collapse of one-party regimes in Eastern Europe had taken place only months earlier. And the following year – 1991 -- witnessed the emergence of 15 independent states with the dissolution of the Soviet Union. Truly, those were dynamic days during which sweeping new commitments -- which would have been impossible to garner consensus for years or even months prior -- received universal support. Indeed, it is questionable as to whether consensus to the Copenhagen agreement would be found today, given the democratic and human rights backsliding that has occurred in a number of participating States. The Copenhagen Document underlines the centrality of political pluralism, civil society and human rights as fundamental elements of functioning democracies. As Ambassador Max Kampelman, the head of the U.S. delegation to the 1990 conference summed it up, “In effect, the Copenhagen document represents the first formal proclamation, by the States themselves, of a Europe both whole and free.” It identified the protection of human rights and fundamental freedoms as one of the basic purposes of government and acknowledged that democracy is an inherent element of the rule of law. Among the achievements of the Copenhagen Document were the far-reaching commitments on democratic elections which laid the groundwork for the OSCE’s future activities with respect to election observation. Copenhagen also represented a significant step forward with respect to the protection of minorities, and for the first time there was a direct reference to Roma and to anti-Semitism. While participants at the anniversary meeting underscored the significant progress over the last 20 years, many also called for fuller compliance with the Copenhagen commitments, noting, for instance, backsliding in holding democratic elections in some participating States; suppression of civil society, including independent media, NGOs and human rights defenders; the deficit of impartial and independent justice; and the lack of separation of powers – especially the concentration of power in the executive. The last session of the conference discussed measures to improve implementation of human dimension commitments, including the prevention of human rights violations through the use of reporting before the violations occur; enhancement of standards and commitments; strengthened monitoring mechanisms, including a U.S. proposal to dispatch special representatives to investigate reports of egregious human rights violations and make corrective recommendations before the violations become entrenched; and improved cooperation with, and involvement of, civil society actors in advancing democracy, human rights and the rule of law. Ultimately, however, compliance with existing standards enshrined in the Copenhagen Document, the Helsinki Final Act and all other OSCE commitments remains the primary responsibility of the participating State.

  • A Decade of the Trafficking in Persons Report

    Senator Benjamin L. Cardin convened a standing-room only hearing centered on the diplomatic impact of the Trafficking in Persons (TIP) Report.  The hearing focused on the ten years that the annual TIP report has been prepared by the State Department. Improvements to TIP-related efforts were suggested, such as working more closely with the Tier 2 Watch List countries in the OSCE Region, – Azerbaijan, Moldova, the Russian Federation, Tajikistan, Turkmenistan, and Uzbekistan – helping them to implement the changes necessary to meet the minimum standards and to avoid statutory downgrades which will otherwise be required in next year’s TIP report. Witnesses testifying at this hearing – including Luis CdeBaca, Ambassador at Large of the U.S. Department of State Office to Monitor and Combat Trafficking in Persons; Maria Grazia Giammarinaro, Special Representative and Coordinator for Combating Trafficking in Human Beings of the Organization for Security and Cooperation in Europe; Jolene Smith, CEO & Co-Founder of Free the Slaves; and Holly J. Burkhalter, Vice President for Government Relations of the International Justice Mission – explored ways to potentially create extra-territorial jurisdiction for trafficking cases.  They also focused on ways to deter demand for trafficking victims in all countries, including Tier 1 countries.

  • Global Threats, European Security and Parliamentary Cooperation

    From nuclear security to climate change, global terrorism to anti-corruption efforts, this hearing examined what parliamentarians can do to work together on some of the most significant challenges facing the world. Members addressed European and Central Asian security concerns, including unresolved conflicts in the Balkans and elsewhere, and considered how international parliaments can cooperate to address challenges related to trafficking, tolerance, and democratic development, including elections and media freedom.

  • Cardin: Take Action Against Child Slavery

    More than a century after ratification of the 13th Amendment, thousands of slaves are still transported to America each year. The International Labor Organization estimates that over 12 million people worldwide are held in bondage at any point in time, nearly 2 million of whom are child sex slaves. Modern day human traffickers have developed creative and ruthless methods to extend the practice of slavery into the 21st century, making their crimes more difficult to detect and counter. The United States, starting with leadership from the U.S. Helsinki Commission, has always been at the forefront of combating these crimes, but more work remains, not only at home, but abroad where developing nations often lack the resources and mechanisms to confront traffickers. That is why Senators Barbara Boxer (D-CA), Sam Brownback (R-KS) and I recently introduced the Child Protection Compact Act. This legislation is critical to protecting children, the most vulnerable prey of human traffickers. This bill will help coordinate an international response against trafficking in persons by empowering the State Department to partner with foreign governments, so a lack of resources in one country does not mean a lack of action to protect children from these crimes. Under this legislation, if a government demonstrates a commitment to eliminate trafficking, they will qualify for a 3-year agreement with the Secretary of State. The agreements, or compacts, will identify effective measures to address institutional weaknesses and increase local governments' capacity. Under the agreement, the United States would provide up to $15 million to support government initiatives such as improved law enforcement, victim-friendly courts, and shelters for rescued children. The Senate bill is similar to legislation introduced in the House of Representatives by my colleague on the Helsinki Commission, Rep. Chris Smith (R-NJ), whose bill has attracted 95 bipartisan cosponsors. By supporting bills like ours, lawmakers stand up to remind the world that slavery in all forms is unacceptable. The Child Protection Compact Act is the next stage of the American effort in leading the world in fighting this atrocity.  

  • Commission Plays Leading Role at Parliamentary Assembly in Lithuania

    By Robert A. Hand, Policy Advisor A bipartisan U.S. delegation traveled to Vilnius, Lithuania June 29 for the 18th Annual Session of the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA). The delegation participated fully in the activity of the Assembly’s Standing Committee, the plenary sessions and the Assembly’s three General Committees. Helsinki Commission Chairman Senator Benjamin L. Cardin led the delegation, which included the following commissioners: Co-Chairman Congressman Alcee L. Hastings, Ranking Minority Member Chris Smith, and Senator Roger Wicker, Representatives Louise McIntosh Slaughter, Mike McIntyre, G.K. Butterfield and Robert B. Aderholt. Senate Assistant Majority Leader Dick Durbin, Senator George Voinovich and Representatives Lloyd Doggett, Madeleine Z. Bordallo and Gwen Moore also joined the delegation. Background of the OSCE PA The Parliamentary Assembly was created within the framework of the OSCE as an independent, consultative body consisting of more than 300 parliamentarians from each of the 56 countries, which stretch from the United States and Canada throughout Europe, the Caucasus and Central Asia. The Annual Sessions are the chief venue for debating international issues and voting on a declaration addressing human rights, democratic development, rule of law, economic, environmental and security concerns among the participating States and the international community. The United States delegation is allotted 17 seats in the Assembly. Robust Congressional participation has been a hallmark of the Parliamentary Assembly since its inception nearly 20 years ago, ensuring U.S. interests are raised and discussed. 18th Annual Session This year’s Annual Session, hosted by the Parliament (Seimas) of Lithuania from June 29 to July 3, brought together more than 500 participants from 50 of the 56 OSCE participating States under the theme: “The OSCE: Addressing New Security Challenges.” The Standing Committee -- the Assembly’s leadership body (composed of Heads of Delegations from the participating States and the elected officers) -- met prior to the Annual Session. Senator Cardin, as Head of Delegation and an OSCE PA Vice President, represented the United States. Chaired by the OSCE PA President, Portuguese parliamentarian João Soares, the committee heard reports from the Assembly’s Treasurer, German parliamentarian Hans Reidel, and from the Assembly’s Secretary General, R. Spencer Oliver of the United States. The Assembly continues to operate well within its overall budget guidelines and to receive positive assessments from auditors on financial management. The committee unanimously approved the proposed budget for 2009-2010. The Standing Committee also approved several changes in the OSCE PA’s Rules of Procedure, especially related to gender balance and the holding of elections for officers, as well as 24 Supplementary Items or resolutions for consideration in plenary or committee sessions. The committee brought up as an urgent matter a resolution regarding the detention of Iranian citizens employed by the British Embassy in Tehran. Senator Cardin spoke in support of the resolution. With the Standing Committee’s business concluded, Assembly President Soares opened the Inaugural Plenary Session, stressing in his opening remarks the need for OSCE reform. The first session concluded with a discussion of gender issues led by Swedish parliamentarian Tone Tingsgaard that included comments from Rep. Gwen Moore. A Special Plenary Session the next day was scheduled to accommodate the OSCE Chair-in-Office, Greek Foreign Minister Dora Bakoyannis, who had just presided over an informal meeting of OSCE foreign ministers in Corfu, Greece, to launch a new, high-level dialogue on European security. Senator Cardin attended the Corfu meeting as a representative of the OSCE Parliamentary Assembly. Following her speech, Bakoyannis engaged in a dialogue with parliamentarians on a number of OSCE issues. Lithuanian Foreign Minister Vygaudas Usackas also addressed the special session. Lithuania will chair the OSCE in 2011. U.S. Member Involvement The U.S. delegation actively participated in the work of the Assembly’s three General Committees – the first committee for Political Affairs and Security; the second for Economic Affairs, Science, Technology and the Environment; and the third on Democracy, Human Rights and Humanitarian Questions. Each committee considered its own draft resolution, prepared by an elected Rapporteur, as well as 23 of the 25 Supplementary Items. Two Supplementary Items, including one by President Soares on Strengthening the OSCE, were considered in plenary session. Representatives Chris Smith, Mike McIntyre, and Gwen Moore each proposed resolutions that were adopted dealing with freedom of expression on the Internet, international cooperation in Afghanistan, and prevention of maternal mortality respectively. Members of the U.S. delegation were also instrumental in garnering support for Supplementary Items introduced by others, co-sponsoring eight resolutions introduced by delegations of other countries. The U.S. delegation was responsible for 26 amendments to either the committee draft resolutions or various Supplementary Items. Chairman Cardin proposed climate-related amendments to a resolution on energy security and suggested the OSCE initiate work with Pakistan in the resolution on Afghanistan. Co-Chairman Hastings worked on numerous human rights and tolerance issues. Other amendments were sponsored by: Sen. Durbin on improving international access to clean water; Sen. Voinovich on combating anti-Semitism; Sen. Wicker on preserving cultural heritage; Rep. Smith on preventing the abuse of children; and Rep. Butterfield on responding to climate change. Bilateral Meetings The U.S. delegation also engaged in a variety of activities associated with the Annual Session, holding bilateral meetings with the delegations of Russia and Georgia focusing on their respective internal political developments and the tension in the Caucasus since Russia invaded Georgia last August and then sought to legitimize breakaway regions. Separate meetings were also held with Lithuanian President Valdas Adamkus and other Lithuanian leaders, at which the delegation pressed for new laws to resolve outstanding claims of property seized during the Nazi and Communist eras. The delegation also presented President Adamkus a letter from President Barack Obama on the occasion of the 1000th anniversary of the first written reference to Lithuania. Members of the U.S. delegation attended a working lunch to discuss gender issues, hosted by Swedish parliamentarian Tingsgaard. A variety of social events, including a reception hosted by the British delegation at their embassy, afforded numerous informal opportunities to discuss issues of common concern. U.S. Leadership As a demonstration of active U.S. engagement, a Member of the U.S. Congress has always held some elected or appointed leadership role in the OSCE PA. The Vilnius Annual Session has allowed this to continue at least through July 2012. Chairman Cardin was reelected to a three-year term as one of nine Vice Presidents, a very welcome development given his long record of OSCE engagement going back to his years in the House of Representatives. Rep. Aderholt, who has attended every OSCE PA Annual Session since 2002 and often visits European countries to press human rights issues, was elected Vice Chair of the third General Committee, which handles democracy and human rights. President Soares was reelected for a second term and selected Rep. Smith to serve as a Special Representative on Human Trafficking and asked Co-Chairman Hastings to continue serving as Special Representative on Mediterranean Affairs. An unfortunate development in the election of new officers is the absence of a representative of the Russian Federation. Because the United States government may disagree so substantively with current Kremlin policies, the U.S. government has always felt it critical to welcome Russian engagement in the OSCE PA. It was, therefore, a disappointment that the head of the Russian Federation delegation, Alexander Kozlovsky, reversed course and decided not to run for a Vice Presidency seat and more disappointing that a political bloc at the OSCE PA defeated Russian incumbent Natalia Karpovich as rapporteur of the Third Committee. Karpovich had been accommodating of U.S. human rights initiatives in her draft resolution. Vilnius Declaration Participants at the closing plenary session adopted the final Vilnius Declaration -- a lengthy document which reflects the initiatives and input of the U.S. delegation. Among other things, the declaration calls for strengthening the OSCE in order to enhance its legitimacy and political relevance; addresses conventional arms control, disarmament and other security-related issues of current concern in Europe; calls for greater cooperation in the energy sector and better protection of the environment; and stresses the continued importance of democratic development and respect for human rights, especially as they relate to tolerance in society and freedom of expression. The most contentious part of the declaration related to the promotion of human rights and civil liberties twenty years after the fall of the Berlin Wall, which included language noting the 70th anniversary of the Molotov-Ribbentrop Pact. While some of the language may have been provocative, strong Russian objections to the entire text appeared to be motivated by a desire to defend a Stalinist past and minimize its crimes. The Russian delegation’s effort to block passage of this resolution reflects a similar sentiment in Moscow that recently led to the creation of a widely-criticized commission "for counteracting attempts to falsify history to the detriment of Russia's interests." As a July 9 column for The Economist noted about recent Russian efforts to excuse Stalinism, the “debate in Vilnius makes it a bit harder to maintain that stance.” Some of Russia’s traditional friends and allies in the OSCE PA were noticeably absent from the debate. The Balkans While the Congressional delegation’s work focused heavily on representing the United States at the OSCE PA, the trip afforded an opportunity to advance U.S. interests elsewhere in Europe. While Co-Chairman Hastings traveled to Albania to observe that country’s first parliamentary elections since becoming a NATO member earlier this year, the rest of the delegation visited Bosnia-Herzegovina. Bosnia-Herzegovina is still recovering from the conflict in the 1990s and the associated horrors of the Srebrenica genocide and massive ethnic cleansing. The reverberations of the conflict continue to hinder prospects for European and Euro-Atlantic integration. The United States was instrumental in bringing the Bosnian conflict to an end in 1995, especially with the negotiation of the Dayton Agreement, and the United States has invested considerable financial, diplomatic and military resources in the post-conflict period. The visit came one month after Vice President Joe Biden visited Sarajevo with a message of renewed U.S. engagement in the Balkans. While meetings with Bosnian political leaders revealed little willingness to work constructively toward constitutional reform needed for an effective central government, a meeting with English-speaking university students revealed a refreshing desire to overcome ethnic divisions and move the country forward. Belarus Given its proximity to Vilnius, members of the Congressional delegation visited Minsk, the capital of Belarus, to press for greater democracy and respect for human rights in that country. Belarus has remained a repressive state over the years even as its European neighbors have transitioned from being former Soviet or Warsaw Pact states to EU and NATO members or aspirants. Following a delegation meeting with President Alexander Lukashenka, Belarusian authorities released imprisoned American Emanuel Zeltzer, who was convicted of espionage in a closed trial and had numerous health concerns. The delegation also urged for greater progress in meeting the conditions in the Belarus Democracy Act passed by the U.S. Congress in 2004 and reauthorized in 2006. A meeting with political activists provided useful information on the situation for political opposition, non-governmental organizations and independent media. Finally, the delegation pressed Belarus’ officials to allow for an increased U.S. diplomatic presence in the country. In response to expanding U.S. sanctions, Minsk kicked out 30 diplomats last year, including the U.S. ambassador, leaving a staff of five at the U.S. Embassy. During the course of the Vilnius Annual Session, Senator Voinovich also broke away for a brief visit to Riga, Latvia. That visit was among the highest level visits from a U.S. official in three years, and was important for our relations with this NATO ally, which has deployed troops with Americans in Afghanistan without caveat and recently suffered losses which easily impact such a small country. U.S. interests abroad are advanced through active congressional participation in the OSCE PA. The 19th Annual Session of the OSCE Parliamentary Assembly will be held early next July in Oslo, Norway.

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

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

  • 2008 Human Dimension Implementation Meeting

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

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

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

  • Racism in the 21st Century: Understanding Global Challenges and Implementing Solutions

    This hearing was one in a series focused on efforts to combat intolerance in the OSCE region.  In spite of initiatives to address racism around the world, there have been worrying developments that warrant an increased focus on this issue.  The witnesses discussed the shift from a focus on racism and xenophobia to one on migration and integration.  Several witnesses expressed concern that this ignored the diversity of many European countries.  

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