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Freedom of Movement

All OSCE participating States have committed themselves to respect the internationally recognized human rights to freedom of movement and residence within the borders of each state, as well as to leave any country, including one’s own. In the 1990 Copenhagen Document, the states also affirmed that “freer contacts among their citizens are important in the context of the protection and promotion of human rights and fundamental freedoms.”  Freedom of movement was an especially salient issue during Communist times, when the Soviet Union and other Soviet-dominated countries severely limited emigration, family reunification, family visits and other human contacts.  While respect for freedom of movement has come a long way since then, the right to leave and return to one’s country still eludes many citizens in the OSCE region. Several OSCE participating States inhibit external and internal movement through exit visa regimes and other mechanisms that frequently target activists, human rights defenders and political opposition figures.

Throughout the decades, the Commission has addressed violations of freedom of movement in various participating States, in hearings and briefings, meetings with representatives of governments and parliaments of countries of concern, statements, letters and other venues. The Commission has also contributed to official U.S. efforts to raise freedom of movement violations, including statements at the annual OSCE Human Dimension Implementation Review meetings. 

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  • Human Rights and Democratization in Bulgaria

    The Helsinki Commission's last comprehensive report on Bulgarian CSCE implementation was published in 1988. (The Commission also published a report in 1991 on the ethnic Turkish minority in Bulgaria). At that time, Bulgaria was in violation of many of its CSCE commitments. Its human rights record was among the worst of the Helsinki signatory states. Clearly, much has changed since then. Since the fall of communism in November 1989, Bulgaria has made impressive strides towards becoming a democratic state based on the rule of law. Bulgaria is experiencing a rare historical opportunity in which it can genuinely forge its own fate. Unshackled from the external Soviet empire of communist rule with which it had especially close links, Bulgaria is developing a democratic, rule of law state where the rights of all of its citizens are being met with greater respect. While Bulgaria faces considerable problems in its post-communist transition, and will continue to in the foreseeable future, it is doing much better than most of its Balkan neighbors. Moreover, it is exceeding the expectations of those who until recently viewed Bulgaria through the prism of being the Soviet Union's “16th republic” and the home of papal assassination plots and forcible assimilation campaigns. Despite its very real problems, Bulgaria is indicating that it is more tolerant, pluralistic, democratic and stable than many would have supposed.

  • Situations of Kurds in Iran, Iraq, and Turkey

    This briefing focused on the Kurdish minority, the fourth largest nationality in the Middle East primarily concentrated in the States of Iran, Iraq, and Turkey, a CSCE signatory state. The lack of institutional protection of human rights and individual freedoms that the Kurdish minority suffers from in each of these states was addressed. Additionally, the principles of territorial integrity, self-determination, and respect of human rights were explored in the context of the Middle East. Witnesses at the briefing – including Ahmet Turk, Chairman of the People’s Labor Party and Barham Salih, a Representative of the Iraqi Kurds – offered descriptions of the historical context and the political framework in which the issue of violations of the human rights of the Kurdish minority has arisen. Mr. Salih presented his personal experience as the evidence of the process of forced assimilation that Kurds were enduring in Turkey at the time.

  • The Nagorno-Karabakh Crisis: Prospects For Resolution

    This hearing focused on Nagorno-Karabakh, a region in Azerbaijan that has historically been dominated by Armenians and, consequently, has requested to become part of Armenia. The Azeris did not take too kindly to this request, and bloody and violent conflict ensued between the two countries. The hearing examined whether there were still reasons for cautious optimism about a negotiated settlement. This dispute underscored the fact that almost all borders between republics in the former U.S.S.R. were then in dispute. Others present at the hearing included Commissioner Dennis DeConcini, members of the Russia Supreme Soviet Anatoly Shabad, Nadir Mekhtiyev, and Fyodor Shelov-Kovedyaev, Plenipotentiary Representative of Armenia to the United States Alexander Arzoumanian, and Dr. David Nissman, expert on Azerbaijan.

  • The Moscow Meeting of the Conference on the Human Dimension of the CSCE

    In accordance with the mandate of the Vienna Concluding Document, the 38 states participating in the Conference on Security and Cooperation in Europe (CSCE) met in Moscow from September 10 through October 4, 1991, for the third meeting of the Conference on the Human Dimension (CHD, or CDH from the French acronym) of the CSCE. The first meeting of the Conference was held in Paris from May 20 through June 23, 1989, and the second was held in Copenhagen from June 5 through 29, 1990. The meetings of the CHD address the full range of human rights and humanitarian concerns associated with the Helsinki process.

  • Geneva Meeting on National Minorities and Moscow Meeting on the Human Dimension

    The hearing will focus on two important CSCE meetings, the Geneva Experts Meeting on National Minorities.   The Geneva meeting which recently ended was mandated to discuss national minorities, the meeting had three components: exchange of views on practical experience; review of the implementation of relevant CSCE commitments; and consideration of new measures. The distinguished speaker will outline the major points of the Geneva meeting and how the United States can best utilize its success while moving towards the upcoming human dimension meeting in Moscow.

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

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

  • The State of Human Rights in Romania: An Update

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

  • Reform and Human Rights in Eastern Europe

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

  • Reform and Human Rights - The Gorbachev Record

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

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

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

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

    The Commission developed this report to help in­terested persons and organizations participate in exchange pro­grams with the Soviet Union and the countries of Eastern Europe: Poland, East Germany, Czechoslovakia, Hungary, Romania, and Bulgaria. It lists organizations which conduct exchange programs and other contacts with these countries. The parties to the Final Act of the Conference on Security and Cooperation in Europe declared their intention to expand cooperation in security, economic, humanitarian, information, culture, and education affairs and to respect and put into practice certain basic principles, including those of human rights. The Final Act was signed in Helsinki on August 1, 1975, by 35 heads of state or govern­ment, including the United States, Canada, and every state in Europe except Albania. The Commission on Security and Cooperation in Europe (Helsin­ki Commission) was created as an independent government agency in 1976 to monitor compliance with the Final Act and to encourage U.S. governmental and private programs to expand East-West eco­nomic and cultural cooperation and exchange of people and ideas. In the Final Act, the signatories express the view that cultural exchanges and development of relations in education and science contribute to the strengthening of peace, better mutual under­ standing, and enrichment of the human personality. In the Com­ mission's view, exchange programs with the Soviet bloc countries break down barriers and lessen distrust. They help Americans learn about the views and goals of these societies. Such programs help expose the peoples of these countries to the values and goals of our pluralistic society. Critical to such programs is that Americans are given the opportunity to tell the Soviets and their allies on a personal level about their concern for human rights and fundamental freedoms.

  • Forced Labor in the Soviet Union

    The subject of our hearing is forced labor in the Soviet Union. We have long been interested in the subject at the Commission, as many others have. The Commission issued staff reports on the subject as early as August 1980. There is no exact statistics exist in the West on the central question of the total number of Soviets engaged in various types of forced labor. The generally accepted minimum number is 3 or 4 million people-including about 10 000 political prisoners-performing forced labor in places of imprisonment and on penal labor brigades. The robust discussion provided by experts will make clear the vast extent of Soviet reliance on forced labor.

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

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

  • Implementation of The Helsinki Accords Vol. X – Aleksandr Ginzburg On The Human Rights Situation In The U.S.S.R.

    CSCE Chairman Dante Fascell presided over this hearing on the human rights situation in the USSR. Aleksandr Ginzburg,a Russian human rights activist who had finally been released from the Gulag Archipelago and subsequently returned to his family, testified.  The hearing also focused on the repression and imprisonment of members of the Moscow Helsinki Monitoring Group, a Russian human rights advocacy organization whose work focused on pressure in support of the Helsinki Final Act. The hearing gave Ginzburg a platform to candidly discuss the as human rights abuses taking place in the USSR.

  • Implementation of the Helsinki Accords Vol. IX – U.S. Visa Policies

    This briefing discussed how the Helsinki Accord’s provisions on the free flow of people apply to the United States.  The briefing followed President Carter’s commitment to embody the principles outlined in the Helsinki Final Act.  Representatives from  U.S. government agencies, such as the Department of State and the Department of Justice, and interested civil society organizations testified about their experiences with the current visa regime. The witnesses were asked to make recommendations about the advisability of changing U.S. law to align with the freedom of movement provisions in the Helsinki Accords.

  • Soviet Law and the Helsinki Monitors

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

  • Implementation of the Helsinki Accords Vol.I - Human Rights & Contacts

    Hon. Dante Fascell, Chairman of the Commission on Security and Cooperation in Europe, presided over this hearing on the implementation of the Helsinki Accords. This hearing focused on the Commisison's consideration of the provisions of the 1975 Helsinki Accords dealing with respect for human rights and fundamental freedoms and with freer movement of people and information. The purpose was to define what the Commission knew of implementation of the accords and of their violations, to explore proposals for advancing compliance, and to seek advice on the role the accords played bettering East-West relations. Hon. Fascell was joined by Leonard Garment, former U.S. Representative to the United Nations Commission on Human Rights, and Vladimir Bukovsky, former Soviet political prisoner.

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