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Elections

The 1990 OSCE/CSCE Copenhagen Document states that ”the will of the people, freely and fairly expressed through periodic and genuine elections, is the basis of the authority and legitimacy of all government.” Elections conducted according to OSCE commitments and standards yield political representatives accountable to their electorates. Pluralistic, democratic societies are underpinned by free and fair elections. Elections genuinely reflecting the will of the people are essential for a healthy, functioning democracy.

While the vast majority of OSCE participating States generally conduct free and fair elections, in some (notably Russia, Belarus, Azerbaijan, and most Central Asian countries), elections consistently fall short of international democratic standards, and in some cases, are a farce.   

The OSCE has been involved in election observation throughout the region, including the United States, and represents the “gold standard” in international election observation. Since 1989, the Commission has observed well over 100 elections in the OSCE region – the vast majority of them as members of the OSCE Parliamentary Assembly delegations to the larger OSCE-led international observation missions.

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  • Local Elections and Political Instability in Albania

    Mark Milosch and Bob Hand addressed the Albania’s progress as a democracy and the implications of its upcoming local elections. They highlighted the polarization of Albania’s political system and the little respect that exists for the electoral system, as seen by the violence that broke out during Albania’s parliamentary elections earlier that year. Panelists - Jonathan Stonestreet, Robert Benjamin, and Januzs Mugajski - discussed Albania’s long recovery from the Yugoslav conflicts and its status as a NATO ally. They emphasized the importance of political stability in Albania for its successful accession into the European Union and general European integration.   

  • Belarusian Regime Resolutely Dashes Any Hopes for Democratic Liberalization

    By Orest Deychakiwsky, Ronald McNamara, and Josh Shapiro Commission Staff Hints of any democratic progress in Belarus came to a screeching halt on December 19, 2010, in the aftermath of the country’s most recent electoral exercise, the latest in a long line of fundamentally flawed elections. The brutal and bloody election-night crackdown against political opposition supporters, including mass arrests of demonstrators, as well as candidates, who challenged the 16-year rule of Alexander Lukashenka, was unprecedented. Even the prospects of inducements from the EU and others failed to restrain a regime bent on maintaining power. The strong-arm tactics employed on election night, and since, confirm the nature of Lukashenka’s rule – one that perpetuates a pervasive, albeit subtle, climate of fear to squelch dissent. The OSCE Election Observation Mission (EOM) post-election statement, issued on December 20, concluded that “Belarus still has a considerable way to go in meeting its OSCE commitments, although some specific improvements were made. Election night was marred by detentions of most presidential candidates, and hundreds of activists, journalists and civil society representatives.” The Helsinki Commission, the U.S. and European governments, as well as Western NGOs, condemned the regime’s violent campaign of repression and called for the release of jailed opposition presidential candidates, hundreds of peaceful protestors, and some two dozen journalists covering the demonstrations. Moreover, cyber police shut down numerous internet and social networking sites. Repressive actions have continued, including raids on opposition party offices, NGOs, individual residences of activists and journalists, and independent media outlets by police and the KGB. Displaying his displeasure with the OSCE’s negative assessment of the elections, Lukashenka refused to extend the expiring mandate of the organization’s office in Minsk, effectively ousting the OSCE. The only other leader to order such an expulsion was Slobodan Milosevic. The development comes as neighboring Lithuania assumes the chairmanship of the Vienna-based 56-nation organization. Helsinki Commission staff were part of the OSCE Parliamentary Assembly’s contingent to the EOM, headed by Tony Lloyd, a member of the British Parliament. We observed the balloting and vote count in Minsk and Polotsk, a historic city located 120 miles north of the capital. Our election-day observations were consistent with those of the 450 other OSCE observers representing 44 participating States deployed throughout the country. The voting process was assessed as ‘good’ or ‘very good’ in the vast majority of observed polling stations, while the critical vote count was judged as ‘bad’ or ‘very bad’ in nearly half of the precincts observed, giving fresh currency to an adage attributed to Soviet leader Joseph Stalin: “It is not the votes that count, but who counts the votes.” The vote count in Novopolotsk was decidedly non-transparent as both international and domestic observers (virtually all of the latter appeared to be so-called GONGOs, or government organized non-governmental organizations) were kept far enough away from the table on which the votes were being counted, making it impossible to see how the ballots were marked. When queried several times by Commission staff as to the reason, the precinct chairman politely insisted that it was a decision that he and other members of the election commission had made on the pretext of preventing observers from “interfering” in the counting process. Meanwhile, at a polling station in Minsk, staff were allowed closer access to the vote count, though were prevented from seeing what was written on each ballot. With an ambiguous way of counting votes, those in attendance had little clue as to how the chairman of the election commission counted ballots. An outspoken domestic observer was subsequently voted out of the polling station by election commissioners because he was a “nuisance to the vote count.” While the run-up to the election had shown some procedural improvements and an easing of restrictions on normal political activity, the electoral machinery at every level remained firmly under the regime’s control. There were greater opportunities than in previous elections for candidates to speak on live television, and candidates were for the most part able to more freely meet with voters. This, however, did not translate into a level playing field for all candidates as the state-controlled media disproportionately favored Lukashenka. Very telling was the fact that only 0.26 percent of all precinct electoral commission members and 0.70 percent of territorial election commission members were from opposition political parties. Clearly, even the limited improvements did not lead to a free and fair outcome, with only the margin of Lukashenka’s victory to be announced. A December 20 statement issued by the White House, citing the critical OSCE assessment, stressed: “The United States cannot accept as legitimate the results of the presidential election announced by the Belarusian Central Election Commission” issued earlier the day. Even regime-sponsored exit polls contradicted the official CEC results, giving a lower percentage of the vote to Lukashenka and higher percentages to Andrei Sannikau and Uladzimir Nyaklyaeu, the leading opposition candidates who were victims of violence by the authorities and remain incarcerated along with several other contenders. Independent pollsters and analysts also gave Lukashenka far less of the vote than the nearly 80 percent he officially garnered, with some giving him less than the 50 percent of votes needed to avoid a second round against a single opposition candidate. Given the unconscionable crackdown and fraudulent elections, hopes and expectations for even limited progress with respect to democracy and human rights have been thwarted. Through his repressive and undemocratic actions, Lukashenka has shown that he will not tolerate meaningful reform and that he will do whatever it takes to maintain absolute power. This overarching imperative clearly trumps improved relations with the United States and especially the European Union which were in the offing prior to election day, and could have resulted in badly needed financial assistance. In a rambling two-and-a-half hour televised press conference the day after the election, Lukashenka belittled what he termed “mindless democracy” while boldly declaring his lack of fear. Despite his bravado, clearly the Belarusian leader fears the prospect of submitting to a vote in a genuinely free and fair electoral contest. Against the backdrop of a decade of rigged presidential and parliamentary elections and an illegal referendum, Belarus is regrettably no closer to restoring legitimacy to executive and legislative structures, and the prospects for meaningful change appear remote. To the detriment of the Belarusian people, the Lukashenka regime has, yet again, chosen the path of self-imposed isolation.

  • Parliamentary Elections in Kyrgyzstan Set the Stage for a New Political System; Ethnic Tensions Remain a Key Obstacle to Stability

    By Janice Helwig and Shelly Han The OSCE concluded that although the October 10, 2010 elections in Kyrgyzstan were conducted peacefully – no small feat following the April 2010 revolution – and demonstrated a significant increase in pluralism as compared to previous elections, there remains an “urgent need for profound electoral legal reform.” Two Helsinki Commission staff members traveled to Kyrgyzstan to observe the election as part of the OSCE Parliamentary Assembly delegation and were deployed in the Osh and Kara-suu region. Although the staff experience was not inconsistent with the overall OSCE conclusion, Osh and the surrounding region appear to have had more problems during the election than other areas of the country. In June, the constitution had been changed through a referendum to give the parliament a stronger role than the President. The improvement in the conduct of the election may have been partly a result of that change in that, because of the new parliamentary system and the relatively large number of parties competing, no one party or group could manipulate the election nationwide (which appeared to have been the case in the 2009 presidential elections). In fact, the close result which divided parliamentary seats among several main parties was a good indicator of an open competition. Nevertheless, there were some problems at the local level, where there may have been attempts to influence the outcome. In the Osh and Kara-suu region, there appeared to be problems particularly with the voters list, the inking process, and the counting process. For example, in almost all the polling visited by Commission staff, about a third of those who had voted had added themselves to the additional list with just their ID. Other international observers reported similar findings. This would indicate that either the main voters list was extremely inaccurate, or something more problematic may have been going on. In one polling station, a man tried to add himself to the additional list but was turned down while the staff was present; he clearly was not satisfied and went back in to try again as they left. Another international observer in the neighboring Uzgen area reported the same pattern, but, suspiciously, only in polling stations easily accessible from the main road. According to the election law, the registration of any voter on the additional list should have been counterchecked and signed by an adviser or observer in the polling station, but that did not happen during the day. At the closing in one polling station, the Chairwoman had a colleague counter sign all 225 additions to the list. The inking procedure also appeared to be a problem. In theory, anyone adding themselves to the additional list should not have been able to vote anywhere else because of the use of invisible ink sprayed on each voter’s thumb. However, spraying and checking for ink in the polling stations appeared to be haphazardly conducted. Domestic observers had to stay in their chairs across the room and could not see whether the ink checker was effective. Moreover, when Commission staff asked people who had been inked earlier it the day to put their thumb under the light, little or no ink was visible. The ink seemed not to work all of the time, or perhaps to have washed off easily. There also were significant problems in processing protocols during the counting process in the Kara-suu district. At the district counting station, the halls and stairways were lined with polling station chairpersons busily erasing and refilling in their protocols. Protocols and stamps were strewn around everywhere. It may have been that the chairpersons were simply trying to get their numbers to add up properly so they would be accepted by Shailoo, the computerized vote-counting system. On the other hand, the numbers also could have been in the process of being changed to influence the outcome. Regardless of intent, last minute changes to protocols made unilaterally by chairpersons should not have been allowed as no observers were present and there were no controls in place to prevent fraud. Official turnout figures said that Osh had the highest voter turnout in the country, at about sixty-six percent. However, Commission staff did not see polling stations with a turnout higher than forty-five percent, nor did other international observers in the area. Interestingly, the turnout in ethnic Uzbek areas appeared to be about the same as in ethnic Kyrgyz areas. Many ethnic Uzbeks said they were “voting for peace,” although it was not clear whether that meant that moving forward with any new parliament would be positive, or if it meant that voting for a certain party would benefit ethnic Uzbeks. Some ethnic Uzbek community leaders had said prior to election day that most political parties had offered their communities money and/or infrastructure improvements in exchange for their votes. Ethnic tensions remain a concern Prior to election day, Commission staff were able to visit several of the Osh neighborhoods destroyed in the June violence, as well as one tent camp. The scale and scope of the destruction in ethnic Uzbek areas was enormous. And in mixed neighborhoods – for example near Shark – the house-by-house, business-by-business singling out of Uzbek-owned structures for destruction was clear. All of the victims staff spoke with appeared to be still afraid and did not see any future in Kyrgyzstan. All wanted to leave but did not have the means to do so. None wanted to go to Uzbekistan; rather they wanted to go to Russia or anywhere else where they might find economic opportunities. While rebuilding of homes was clearly progressing, the question of earning a living in the long term was an overwhelming concern. The divide between ethnic Uzbeks and ethnic Kyrgyz is wide and seems to be growing. Many ethnic Kyrgyz seem to genuinely believe that ethnic Uzbeks were responsible for the violence, and even burned down their own houses in an effort to get international attention. Kyrgyz media and the government seem to be reinforcing this message. If the region is to move forward and avoid future violence, there needs to be some mechanism for accountability and reconciliation. However, so far only ethnic Uzbeks have been arrested and put on trial, and the trials appear to have been unfairly conducted. Ethnic Uzbek defendants have been routinely attacked by ethnic Kyrgyz mobs during the trials, as have media representatives trying to report on the proceedings. In general, journalists and human rights defenders fear retaliation if they report on abuses against ethnic Uzbeks; as a result, there have been few voices speaking out. Standing in the ruins of his home, a man shows Commission staff the photo of his sister, who was killed during the violence in June. This ethnic divide is likely to fester unless something is done to build confidence between the main ethnic groups and provide economic opportunities for all. Moreover, disenfranchised youth could be vulnerable to recruitment by extremist organizations. The new government will face many challenges, not least addressing continuing ethnic tension in the south. 

  • The Western Balkans: Developments in 2010 and Hopes for the Future

    This hearing focused on the Western Balkans: Albania, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia. The witnesses commended the enormous progress that the region has made in the 15 years since the Dayton Agreement ended the Bosnian conflict and in the decade since Milosevic was ousted in Belgrade. The hearing discussed E.U. visa liberalization and U.S. democracy-building assistance programs to support further progress in the region. The Commissioners proposed that the U.S. government prioritize continuing the democratization effort in the Balkans.

  • OSCE 2010 Informal Ministerial: Kazakhstan Persistence Earns a Summit in Astana

    By Winsome Packer Policy Advisor Kazakhstan hosted its long-sought OSCE Informal Ministerial in Almaty July 16-17, 2010, the realization of a key aim of its Chairmanship. A second important objective of the Kazakh Chairmanship: a summit on Kazakh soil during 2010, came closer to realization during the meeting. An Astana Summit would be the OSCE’s first since the 1999 Istanbul Summit, which yielded the Adapted Conventional Armed Forces Treaty. Early and persistent calls for “substance before summit” by the U.S. Delegation and other participating States had put in doubt both the informal ministerial and the summit for months. However, a number of the participating States argued for the high level attention to wide-spread security challenges in the OSCE region and the erosion of OSCE values in some quarters. Ten years after the last OSCE summit, they argued, necessitated a meeting of heads of states and governments to reaffirm the participating States’ commitment to the organization’s values and agree on a way forward to tackle the challenges confronting the region today. Thus, six months of, at times, heated informal Corfu dialogue on security challenges in the OSCE region, which was mandated by the Athens Ministerial Declaration, yielded more than 50 “food for thought” papers from the participating States, the Parliamentary Assembly, the OSCE Secretariat, the Partners for Cooperation, think tanks and non-governmental organizations. The thematic papers evolved into an Interim Report during June, which incorporated the proposals submitted within the Corfu Process. It formed the basis for the agenda at the Almaty Informal Ministerial and for the Summit which will be held in Astana December 1-2, 2010. The Almaty Informal Ministerial saw the participation of more than forty foreign ministers, including from the Russian Federation, France, Germany, Canada, Spain, Portugal, Poland, Georgia, Turkey, Austria, and Ukraine. The Parliamentary Assembly’s delegation included President Petros Efthymiou, and Secretary General Spencer Oliver. The U.S. delegation was headed by Deputy Secretary of State James Steinberg who, in a bilateral meeting with the Kazakhstanis on July 16, affirmed U.S. support for an OSCE summit this year. The joining of consensus on the summit decision by the United States elicited private expressions of relief from many delegates, and heightened expectations for the summit which would reflect the outcome of the Corfu Process: a declaration and an action plan. The Chair-in-Office requested that the OSCE delegations work toward these aims throughout the summer. During the meeting, delegates voiced support for the summit, to be held in Astana. A majority of the participating States urged OSCE support for Kyrgyzstan, in particular, through the deployment of a police mission. The United States and many delegates stated that the substance of the summit should be based upon the four proposals put forward by the European Union to: (1) bolster the OSCE’s capabilities in all three dimensions to promote early warning, conflict prevention and resolution, crisis management and post-conflict rehabilitation, including in relation to the protracted conflicts; (2) strengthen implementation and follow-up of OSCE norms, principles and commitments in particular, human dimension commitments covering human rights and fundamental freedoms, including freedom of the media; (3) enhance the conventional arms control framework, including confidence and security building measures, through updating the 1999 Vienna Document and the Conventional Forces in Europe Treaty); and (4) increase attention to transnational threats in all three OSCE dimensions. Some delegates also called for a summit to: focus on instability in Afghanistan; intensify efforts to resolve protracted conflicts in the region, and address nuclear terrorism and the proliferation of nuclear and weapons of mass destruction. The United States called for greater military transparency, implementation of human dimension commitments and addressing inter-ethnic conflict in Kyrgyzstan. The U.S. delegation also expressed support for the expeditous deployment of a police force to Kyrgyzstan and for an action plan for the future work of the participating States. In addition to supporting the European Union’s four summit process proposals, the United States also expressed support for a focus on Afghanistan. A Chair’s Perception Paper, resulting from the informal ministerial, incorporated these concerns. Russian Foreign Minister Sergei Lavrov reiterated Russia’s support for the summit “this year.” He urged the involvement of other regional and sub-regional leaders in addressing the Kyrgyzstan situation. He expressed hope that action would be taken on Russia’s proposal for a European Security Treaty (EST) and that it would not merely remain a “subject for discussion.” Lavrov said that the summit document should reflect the post Cold War situation and the security system that emerges should be “free of dividing lines.” He said that Russia was studying NATO’s response to the EST proposal and underlined that the summit should give strong, political impetus for supporting Kyrgyzstan. Concurrent with the Informal Ministerial, draft decisions on the holding of an OSCE summit during 2010 and draft decisions on the agenda and modalities of the summit and agenda and modalities for a review conference were circulated. The review conference would be held in Vienna, Warsaw, and Astana. Negotiations on the draft decisions began on July 19.

  • 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.

  • OSCE Parliamentary Assembly Session in Oslo

    Mr. CARDIN. Mr. President, I want to report on the activities of a bicameral, bipartisan congressional delegation I had the privilege to lead last week as chairman of the Helsinki Commission. The purpose of the trip was to represent the United States at the 19th Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, otherwise known as the OSCE PA. The annual session this year was held in Oslo, Norway, and the U.S. delegation participated fully in the assembly's standing committee, the plenary sessions, the three general committees and numerous side events that included discussion of integration in multiethnic societies and addressing gender imbalances in society.  Although some last-minute developments at home compelled him to remain behind, our colleague from the other Chamber, Mr. Alcee Hastings of Florida, was present in spirit as the deputy head of the delegation. Mr. Hastings, who co-chairs the Helsinki Commission, was very active in the preparations for the trip, and his legacy of leadership in the OSCE PA--for over a decade--is tangible in the respect and goodwill afforded the United States during the proceedings.  Our assistant majority leader, Mr. Durbin of Illinois, joined me on the trip, as he did last year. Our colleague from New Mexico who serves as a fellow Helsinki Commissioner, Mr. Udall, also participated. Helsinki Commissioners from the other Chamber who were on the delegation include Mr. Christopher Smith of New Jersey, serving as the ranking member of the delegation, as well as Mrs. Louise McIntosh Slaughter of New York, and Mr. Robert Aderholt of Alabama. Although not a member of the Helsinki Commission, Mr. Lloyd Doggett of Texas has a longstanding interest in OSCE-related issues and also participated on the delegation.  As many of you know, the OSCE Parliamentary Assembly was created within the framework of the OSCE as an independent, consultative body consisting of over 300 Parliamentarians from virtually every country in Europe, including the Caucasus, as well as from Central Asia, and the United States, and Canada. The annual sessions are held in late June/early July as the chief venue for debating issues of the day and issuing a declaration addressing human rights, democratic development and the rule of law; economic cooperation and environmental protection; and confidence building and security among the participating states and globally.  This active congressional participation helps ensure that matters of interest to the United States are raised and discussed. Robust U.S. engagement has been the hallmark of the Parliamentary Assembly since its inception nearly 20 years ago.  The theme for this year's annual session was ``Rule of Law: Combating Transnational Crime and Corruption.'' In addition to resolutions for each of the three general committees, delegations introduced a total of 35 additional resolutions for consideration, a record number, including 4 by the United States dealing with:  Nuclear security , which followed up directly on the Nuclear Summit here in Washington in April;  The protection of investigative journalists, a critical human rights issue as those who seek to expose corruption are targeted for harassment or worse;  Mediterranean cooperation, building on the OSCE partnerships to engage important countries in North Africa and the Middle East; and  Combating the demand for human trafficking and electronic forms of exploitation, a longstanding Helsinki Commission issue requiring persistence and targeted action.  U.S. drafts on these relevant, important topics received widespread support and were adopted with few if any amendments.  Beyond these resolutions, the United States delegation also undertook initiatives in the form of packages of amendments to other resolutions. These initiatives addressed:  The needs of the people of Afghanistan in light of the smuggling and other criminal activity which takes place there. The struggle for recovery stability and human rights in Kyrgyzstan, which is an OSCE state in the midst of crisis. And  Manifestations of racism and xenophobia that have become particularly prevalent in contemporary Europe. A critical U.S. amendment allowed us generally to support a French resolution that usefully addressed issues relating to the closure of the detention facility in Guantanamo Bay. Still other amendments coming from specific members of the U.S. Delegation covered a wide range of political, environmental and social issues relevant to policymakers. My colleagues and I were also active in the successful countering of amendments that would have steered resolutions on the Middle East and on the future of the OSCE multilateral diplomatic process in directions contrary to U.S. policy.  Beyond the consideration of the resolutions which now comprise the Oslo Declaration, the annual session also handled some important affairs for the OSCE PA itself. These, too, had relevance for U.S. policy interests:  the American serving as OSCE PA Secretary General, Spencer Oliver, was reappointed to a new 5-year term; a modest--and for the third fiscal year in a row--frozen OSCE PA budget of about $3 1/2 million was approved that requires continued and unparalleled efficiency in organizing additional conferences, election observation missions, and various other activities that keep the Parliamentary Assembly prominently engaged in European and Central Asian affairs;  in addition to my continued tenure as a vice president in the Parliamentary Assembly, Mr. Aderholt of Alabama was reelected as the vice chair of the general committee dealing with democracy, human rights, and humanitarian questions which ensures strong U.S. representation in OSCE PA decision-making; and a Greek parliamentary leader defeated a prominent Canadian senator in the election of a new OSCE PA president, following a vigorous but friendly campaign that encouraged the assembly to take a fresh look at itself and establish a clearer vision for its future.  While the congressional delegation's work focused heavily on representing the United States at the OSCE PA, we tried to use our presence in Europe to advance U.S. interests and express U.S. concerns more broadly. The meeting took place in Norway, a very close friend and strong, long-time ally of the United States of America. In discussions with Norwegian officials, we expressed our sorrow over the recent deaths of Norwegian soldiers in Afghanistan. We also shared our concerns about climate change and particularly the impact global warming has on polar regions  Indeed, on our return we made a well-received stop on the archipelago of Svalbard, well north of the Arctic Circle, to learn more about the impact firsthand, from changing commercial shipping lanes to relocated fisheries to ecological imbalance that make far northern flora and fauna increasingly vulnerable. The delegation also visited the Svalbard Global Seed Vault, a facility that preserves more than 525,000 types of seeds from all over the world as a safeguard for future crop diversity, and took the opportunity to donate additional U.S. seeds to the collection.  Norway is located close to a newer, but also very strong, ally with close ties to the United States, Estonia. Since last year's delegation to the OSCE PA Annual Session went to Lithuania and included Latvia as a side trip, I believed it was important to utilize the opportunity of returning to northern Europe to visit this Baltic state as well.  While some remained in Oslo to represent the United States, others traveled to Tallinn, where we had meetings with the President, Prime Minister, and other senior government officials, visited the NATO Cooperative Cyber-Defense Center of Excellence and were briefed on electronic networking systems that make parliament and government more transparent, efficient and accessible to the citizen. Estonia has come a long way since it reestablished its independence from the Soviet Union almost 20 years ago, making the visit quite rewarding for those of us on the Helsinki Commission who tried to keep a spotlight on the Baltic States during the dark days of the Cold War.  During the course of the meeting, the U.S. delegation also had bilateral meetings with the delegation of the Russian Federation and a visiting delegation from Kyrgyzstan to discuss issues of mutual concern and interest.  U.S. engagement in the OSCE Parliamentary Assembly sends a clear message to those who are our friends and to those who are not that we will defend U.S. interests and advance the causes of peace and prosperity around the world.

  • 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.

  • Ukraine: Moving Beyond Stalemate

    This hearing examined how the U.S. can best continue to encourage and assist Ukraine in developing democracy, rule of law, and a market economy.   The panel also discussed Ukraine’s relationships with its neighbors, the United States, and European states and organizations. The panel of witnesses explored the democratic developments and progress since the Orange revolution and U.S. policy implications of Ukraine’s interest in further integration with Europe.

  • U.S. Helsinki Group Slams Baku Court's Refusal of Bloggers' Appeal

    The U.S. Helsinki Commission has criticized a Baku court's rejection of appeals by two Azerbaijani bloggers against their prison sentences, RFE/RL's Azerbaijani Service reports. Emin Milli was sentenced in November to 2 1/2 years in prison and Adnan Hajizade to two years on charges of hooliganism arising from what the commission chairmen said "appeared to be a crude, government-arranged incident at a restaurant" in July 2009. Both bloggers were well-known for their satirical comments on Azerbaijani government policy. The Baku court rejected their appeal on March 10. Both men, and a number of rights groups, have insisted the incident behind the jailing was a provocation and the motives connected to their very public criticism of the government. Senator Benjamin Cardin (Democrat, Maryland), the U.S. Helsinki Commission chairman, said the bloggers' case "is the latest in a long series of setbacks for independent journalism and civil society in Azerbaijan." Commission Co-Chair Congressman Alcee Hastings (Democrat, Florida), said it "illustrates the lack of independence of Azerbaijan's judicial system." Congressman Robert Aderholt (Republican, Alabama) said the bloggers' conviction "seems to indicate a determination to stifle dissent before the parliamentary election later this year." The U.S. Helsinki Commission wrote in December to Azerbaijani President Ilham Aliyev expressing concern about the convictions and calling for a fair appeal process. Azerbaijani authorities did not reply to that letter.

  • Democratic Change and Challenges in Moldova

    2009 was a year of tremendous political change in Moldova as nearly a decade of Communist rule came to an end.  Following two elections and massive street protests, Moldova’s ruling coalition, the Alliance for European Integration, still lacks the 61 votes needed in parliament to elect a new president.  As the poorest country in Europe in the midst of a global economic downturn, a prolonged impasse poses serious challenges to reform and recovery in Moldova.

  • Ukraine Presidential Hopefuls Fear Election Fraud

    In the final hours of the Ukraine's bitterly fought presidential campaign, candidates accused one another of planning to commit campaign fraud and experts warned of the possibility of post-election unrest. But among many Ukrainian voters, the no-holds barred campaign may have inspired as much apathy as outrage and some observers were predicting a relatively smooth first-round vote Sunday. Prime minister Yulia Tymoshenko, who helped lead the 2004 Orange Revolution, has accused front-runner Viktor Yanukovych and his Party of Regions of planning a campaign of voter fraud through falsified absentee ballots and other methods. ''Yanukovych and the Party of Regions are preparing a large-scale falsification in Ukraine,'' Tymoshenko said, speaking to the media Thursday. ''For this purpose, they have formed on a corrupt basis a puppet majority in the Central Election Commission.'' Most polls show Tymoshenko running second behind Yanukovych in the race. If no candidate gets more than 50 percent of the vote Sunday, as expected, there will be a runoff between the two top vote getters sometime in February. Sergei Markov, a member of the Russian parliament and an election observer, said Tymoshenko's fraud charges are part of an effort to prepare her supporters to challenge a Yanukovych victory. ''Claims that the opposition is trying to rig the vote show that the other side is ideologically preparing to reject the election in case they lose,'' said Markov, whose views on many issues are thought to reflect the thinking of the Kremlin. He spoke at the expert panel Friday. Yanukovych meanwhile has warned that his supporters will not allow any candidate to steal the current presidential contest, as he claims happened in 2004. The pro-Russian candidate's initial victory in that race was thrown out by the Supreme Court following the Orange street protests and accusations of widespread fraud by authorities on Yanukovych's behalf. ''No such scenario will be allowed,'' Yanukovych told reporters during a campaign trip to eastern Ukraine Thursday, referring to the street rallies that helped reverse his victory. ''If anybody is hoping for that, we will disappoint them.'' Yanukovych noted that in 2004 he called off plans for mass demonstrations by his supporters in the capital to avoid clashes with Orange protesters. He suggested that this time, his partisans would not back down against those who challenge a Yanukovych victory. Vladimir Fesenko, the head of Ukraine's Penta Center for Applied Political Research, predicted that neither Tymoshenko nor Yanukovych would accept defeat in the runoff, which is expected to pit the two old adversaries against one another. Instead, he said, they would challenge any defeat with peaceful protests. But he warned that if Tymoshenko's and Yanukovych's demonstrators face off, it could escalate into violence. ''Neither wants a real war,'' Fesenko said. ''But unfortunately there are risks. Often it is difficult to control people once they're on the streets. There could be adventurists from either camp that could provoke a clash.'' Authorities say they are planning to deploy thousands of police Sunday to ensure an orderly first round ballot. Foes of Prime Minister Yulia Tymoshenko released a tape this week of a purported conversation between her and Georgian President Mikhail Saakashvili, in which he supposedly says he is sending 2,000 ''battle-ready'' observers to monitor the race. ''No worries, we are sending the best prepared and most battle-ready people to you,'' the voice alleged to be Saakashvili's says on the tape, which was played Friday at a panel of analysts and sociologists. Some here interpreted Saakashvili's purported comment as a pledge to support Tymoshenko in post-election street protests. Spokespeople for both Tymoshenko and Saakashvili declined to comment, and the authenticity of the tape could not be determined. Evgeny Kopatko, chief sociologist at Ukraine's R&B Group, a consultancy, said Friday that if tensions rise after the election, that ''could split the country in two, and this is a very serious risk, economically and politically. The country would be virtually uncontrollable.'' Parliament speaker Vladimir Litvin on Friday appealed to supporters of Ukraine's rival political leaders, urging not to take to the streets as they did in 2004. ''Today I'm calling on all of the politicians not to deal in actions on the Maidan,'' Litvin said, referring to Kiev's central square where tens of thousands rallied every day for weeks in late 2004. President Viktor Yushchenko, the eventual winner in 2004, is standing for re-election, but his popularity has plunged and his chances look slim. He warned that the elections could usher in an authoritarian government. ''Should there be an authoritarian regime of either Yanukovych or Tymoshenko, with the criminal elements that will come along, it will take away the freedom of expression,'' he said. Five years after the Orange Revolution brought tens of thousands of people to the streets of the capital, public cynicism appeared widespread. Voters have offered to sell their votes on Web sites for the equivalent of between about $10 and $100. Despite the dire warnings, Alcee Hastings, a U.S. congressman who is deputy head of the international observer mission, told reporters Friday that so far no one has come up with evidence of intended voting irregularities. ''While the candidates accuse each other of fraud, neither of them has presented you in the media with a smoking gun,'' he said. ''I don't think there's going to be widespread fraud.'' Hastings noted that the election will come under intense scrutiny. He said there are more international observers in Ukraine for the presidential contest than for any previous election in the former Soviet Union. But Hastings did not rule out isolated efforts to falsify votes. ''Remember, I'm from Florida, the land of the hanging chads and the butterfly ballots,'' he said, referring to the disputed 2000 U.S. presidential contest and the controversial Florida vote count.

  • U.S. Diplomats Rap Astana's Democratization Performance

    As Kazakhstan prepares to assume the chair of the Organization for Security and Cooperation in Europe, US diplomats are exerting pressure on Astana to enact promised reforms. Kazakhstan’s laws on media, elections and political parties continue to "fall short of OSCE standards," Philip Gordon, assistant secretary of state for European and Eurasian affairs, asserted in written testimony submitted for a hearing October 28 of the US Helsinki Commission. Gordon also pointed out in his testimony that "Kazakhstan has not held an election that the OSCE has deemed fully to have met OSCE commitments and international standards." Both Gordon and Michael Posner, the assistant secretary of state for democracy, human rights and labor, called attention to the case of Yevgeny Zhovtis, a human rights activist convicted in September for vehicular manslaughter. The trial was allegedly marred by procedural violations. Even so, a Kazakhstani judge rejected an appeal of the conviction. The US Helsinki Commission’s chair, Sen. Benjamin Cardin, a Democrat from Maryland, said the Obama administration and the State Department has given short shrift to human rights, adding that the issue of the OSCE summit in Kazakhstan presented an opportunity for the United States to take a strong stand on human rights.  

  • The Western Balkans: Policy Responses to Today's Challenges

    This hearing reviewed the Vice President Biden’s meeting in Sarajevo and the Congressional delegation to Bosnia to speak about democratization process in the Balkan states. The Commissioners mentioned the need for governing bodies and systems that include every voice, particularly the ethnic communities in each country. These issues have correlated to potential instability in Bosnia resulting from the gridlock in government there.   The democratization and integration efforts, in relation to the Balkan joining closer to the greater European community and NATO, were touched upon to see the progress made.  The witness discussed examples of initiatives that moved the Balkans towards the goal of international standard of governance, for example the Model Court Initiative in Bosnia, which has helped to institute European standards in 33 local courts, upgrade court infrastructure and improve customer service.

  • Moldova’s Recent Elections: Prospects for Change in Europe’s Poorest Country

    This briefing took place in the wake of the June 20th, 2009 parliamentary elections in Moldova. Nearly 60 percent of the Moldovan populace voted, and nearly 3,000 international and local observers were present. The international election observation mission consisted of delegations from the OSCE Parliamentary Assembly, the OSCE Office for Democratic Institutions and Human Rights (ODIHR), the Council of Europe’s Parliamentary Assembly, and the European parliament. The international election observation mission evaluated the elections positively overall, but noticed a number of shortcomings, particularly in the process of registration of electoral lists and the overall tense climate of the electoral campaign.

  • The Trouble with the Recent Iranian Elections

    Mr. President, as Chairman of the U.S. Helsinki Commission, which has had decades of experience monitoring election and promoting democracy and human rights, I would like to take this moment to speak on a troubling matter that has filled headlines around the world in the last few days. We have all seen the images. Violence and mass protests are erupting across Iran following the hasty vote count of a deeply flawed presidential election process in that country. Yet another unfortunate chapter is unfolding before our eyes that reinforces Iran’s record as a police state and totalitarian regime more concerned with keeping its tight grip on power than yielding to the will of the people. I stand with President Obama calling for the government to exercise restraint and the violence to end. Regrettably, at least seven people have been killed and countless others injured. We may never know the true results of this election, given the lack of international monitoring. But what we do know is that in the last few days we have witnessed tens of thousands of Iranians raise their voice in protest to ensure that their vote meant something. On Friday, voters in Iran lined up in unprecedented numbers to choose their next president. I, like many others, was dismayed on Saturday to hear the ruling clerics rush to announce that Ahmadinejad had won re-election by a large margin. Regardless of the limited official scope of his duties, President Ahmadinejad’s consistent pattern of noxious remarks and his belligerent attitude inject understandable tension around the Middle East and beyond. He has used the presidential podium to instigate conflict with the international community, pursue acquisition of nuclear weapons, and spew hatred and intolerance toward Israel and the United States. I cannot say and will not say what could have been or should have been if any other candidate was elected, but there is no doubt whatsoever as to Ahmadinejad’s unfitness as a leader. Equally troubling were the almost immediate reports coming from Tehran and elsewhere around Iran that there were deep flaws in this election. Elections do not equal democracy, nor do they guarantee that the will of the people will be reflected in their government. But this was not a free and fair election from the start. In Iranian Presidential elections, only a select group of candidates approved by a 12-person Council of Guardians are eligible to run. The Iranian regime, headed by Supreme Leader Ali Khamenei continues to severely restrict civil liberties including freedom of speech, expression, assembly, and association. Freedom to discuss ideas without threat of oppression is a fundamental human right that is essential to a government truly reflecting the will of its people. This freedom is absent in Iran. Typically, Iranian elections and public expressions are carefully monitored and manipulated by the ruling regime to prevent challenges to their authority. The last few days we have seen something different. The tens of thousands of people lining the streets of Tehran – in an incredible rebuttal to the ruling powers – want to know that the votes that they cast are counted properly. The deliberate lack of transparency in the vote tabulation and the blatant attempts to block mass communications among citizens, particularly the youth, are too glaring to ignore. Even the Supreme Leader has been forced to backtrack on his immediate approval of the results and has called for at least the appearance of a recount in some disputed areas. Americans know something about wanting to have their votes counted accurately. The difference between our two nations is when the results of a U.S. election were in dispute, the world spotlight shined bright on the process and the people involved resolved the conflict peacefully. Transparency and openness is not a hallmark of Iranian elections. Even before the presidential election took place, Iran’s totalitarian regime blocked personal communications like texting and access to the Internet. Media have been confined to Tehran, if they haven’t been asked to leave the country. The regime’s ongoing attempts to curtail communication and silence protests – often with brutal force – demonstrate the regime’s fear of losing a grip on power. Allegations of a fraudulent vote count are a symptom of a regime that has survived by mixing select elements of democracy into an authoritarian power structure that oppresses its people. On June 12, the people of Iran did not vote for the Supreme Leader of their country. Under the current system, Khamenei and his supporters will continue to dictate policy to the President of Iran, regardless of who that president is and whatever policy decisions the president is authorized to make. The people of Iran want their voices to be heard and they should be assured that the world is listening. I urge those in power in Iran also to listen and implement the reforms necessary to allow the will of the people to be expressed. I look forward to a future when the people of Iran have an opportunity for a free and fair election of leaders of their choosing. It is my sincere hope that one day this vision will be realized, and the voice of the Iranian people will truly be heard.

  • Albania’s Elections and the Challenge of Democratic Transition

    In this briefing, Co-Chairman Rep. Alcee L. Hastings examined the democratic progress made in Albania on the eve of the country’s parliamentary elections, set for June 28, 2009.  This examination was to assess Albania’s overall preparedness for European integration after it had applied for candidate status with the European Union and joined the NATO Alliance. Panelists - including Rep. Eliot L. Engel (D-NY), Co-Chair, Albania Issues Caucus, Elez Biberaj, Director, Eurasia Division, Voice of America, Jonas Rolett,  Regional Director for South Central Europe, Open Society Institute, and Robert Benjamin, Regional Director for Central and Eastern Europe, National Democratic Institute - discussed the prospects for the upcoming elections to be held in accordance with the standards set by the Organization for Security and Cooperation in Europe (OSCE), which would be observing the election.

  • The Western Balkans: Challenges for U.S. and European Engagement

    This hearing discussed the recent progress of the seven countries of the Western Balkans with regards to internal stability, democratic development, minority rights, anti-corruption efforts, and the rule of law. The witnesses evaluated each country’s progress and that of the region as a whole. In addition, the hearing also focused on the on the election process in each country and whether they had met the OSCE standards for elections.

  • Turkmenistan: Prospect for Change?

    The purpose of this hearing was to examine Turkmenistan’s parliamentary elections- the first such election since the regime changed. The hearing focused on whether the election might mark a turning point at all for Turkmenistan as well as whether Turkmenistan has made progress on Democratic reforms. Positive signs were reviewed, particularly on education, but also areas of concern, such as reports of Turkmen officials pressuring young men not to apply for study programs in the United States. The distinguished witnesses and Commissioners reviewed the reform process and the significant advancements since the death of longtime President, Berdimuhamedov. In regards to areas of further reform and advancement, the hearing addressed measures in which the U.S. and the OSCE should respond to better the human rights condition in Turkmenistan.

  • 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.

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