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Good Governance and the Rule of Law

The concept of rule of law forms a cornerstone of the OSCE's human rights and democratization activities. It not only describes formal legal frameworks, but also aims at justice based on the full acceptance of human dignity. It ties in closely with the establishment of democratic, accountable state institutions.

In recent years, the Helsinki Commission has paid particular attention to rule-of-law violations in countries including Russia and Azerbaijan, and throughout Central Asia.

 

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  • 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 Countries of Central Asia: Problems in the Transition to Independence and the Implications

    This was the first Helsinki Commission hearing held on the Central Asian republics. The Commissioners and witnesses discussed five countries' transitions to independence, which were  complicated by the presence of repressive regimes that maintained the old Soviet-style order and economic turmoil. Chairman DeConcini opened the hearing by noting that the presidents of four out of the five new Central Asian countries were former first secretaries of the Communist Party. Dr. Martha Olcott, professor of political science at Colgate University, expressed concern over the rise of extremist ideologies of nationalism and Islam in the region, which were fuelled by economic stagnation. Firuz Kazemzadeh, professor emeritus as Yale University, argued instead that the dominant threat in the region came from the projection of Russian influence. This was corroborated by Micah Naftalin, director of the Union Council for Soviet Jews, who detailed the KGB's role in silencing the press and repressing opposition in Turkmenistan, and the growth and diffusion of anti-semitism from Russia into Central Asia. A final testimony was offered by Adbumannob Pulatov, chairman of the Uzbekistan Society for Human Rights. Pulatov decried the lack of press freedom in Uzbekistan and urged Congress to continue its monetary support of Radio Liberty. In the end, all four witnesses cautioned that human rights concerns often take a back seat to other issues, and that doing so could jeopardize progress in the field.

  • Parliamentary and Presidential Elections in an Independent Croatia

    On August 2, 1992, Croatia held elections for the position of President of the Republic as well as for seats in the House of Representatives, one of two chambers in Croatia's "Sabor," or Assembly. These were the second multi-party elections in Croatia since 1990, when alternative political parties first competed for power. They were, however, the first since Croatia proclaimed itself an independent state in 1991, and achieved international recognition as such in 1992, following the violent disintegration of Yugoslavia. Incumbent Franjo Tudjman easily won a first-round victory among a field of eight presidential candidates. His party, the ruling Croatian Democratic Union (HDZ), also won just over half of the parliamentary seats allocated in proportion to votes for the lists of 17 parties, and a very large number of the seats designated for particular electoral districts. This result allows the HDZ to form a new government alone rather than in coalition with other parties. A shift to the far right, which many feared, did not materialize. Despite a number of open questions, the election results likely reflect the legitimate choice of Croatia's voting population. At the same time, the elections demonstrated disappointingly little democratic progress in Croatia since 1990. Detracting most from the elections was the lack of serious effort by the authorities to instill confidence in the electoral system, followed by the perceived political motivation in scheduling them in August. The elections also revealed some shortcomings on the part of the opposition, including a lack of coordinated effort to ensure that they were conducted freely and fairly. Croatia has a western-oriented, well educated and sophisticated society which provide a basis for democratic government. Decades of communist rule and a fierce nationalism linked to Croatia's search for independence have, at the same time, unleashed societal trends contrary to democratic development. The context in which these elections took place was also complicated by the conflict in Croatia that began in earnest in July 1991 as militants among the alienated ethnic-Serb population of Croatia, with the encouragement of the Serbian leadership in Belgrade and the help of the Yugoslav military, demonstrated violently their opposition to the republic's independence. After severe human casualties, population displacement and destruction, the conflict generally ended in January 1992 with a U.N. negotiated ceasefire that included the deployment of U.N. protection forces on much of Croatia's territory A new constitution and growing stability argued for holding new elections. Despite opposition complaints that August was not an appropriate time for elections, President Tudjman scheduled them with the likely calculation that his party stood its best chances in a quick election before growing economic hardship and pressure for genuine democratization replaced the joys of independence and renewed peace. During the campaign period, 29 political parties fielded candidates. They faced no major difficulties in organizing rallies and distributing their literature to the public. At the same time, the Croatian media was only moderately free, with television and radio broadcasts much less so than newspapers and journals. Only toward the end of the campaign did the media seem to open up fully The stated objective in organizing the elections was to be fair and impartial to all contending parties. At the same time, the electoral procedures were not as fully satisfactory as they easily could have been, raising suspicions of an intent to manipulate the results. However, opposition political parties considered the process sufficiently fair for them to compete. They also had the opportunity to have observers present at polling stations and election commissions on election day. According to a constitutional law on the matter, Croatia's national minorities enjoy certain rights regarding their representation in governmental bodies. Ethnic Serbs, the only large minority with some 12 percent of the population, were guaranteed a greater number of seats in the new Sabor than all other minorities combined, but, unlike the smaller minorities, no elections were held in which ethnic Serbs alone could chose their representatives. This was viewed as discriminatory treatment of the Serbian minority, despite apparently small Serbian participation in the elections. Balloting on election day was orderly, despite the enormous complications caused by the conflict and questions of citizenship and voter eligibility in a newly independent country. There were few complaints in regard to the way in which the voting and counting were carried out, although several isolated problems were reported and the security of ballots cast by voters abroad was a constant concern. Despite these faults, holding elections might well have been a watershed for Croatia. Problems in that country's democratic development were given closer scrutiny, and public concerns can now shift from the recent past to future prospects. The winners could view their easy win as a mandate for continuing current policies, largely viewed as nationalistic and insufficiently democratic. However, the far right's poor performance could lessen pressure on the HDZ to show its nationalist colors and permit greater democratic development. The behavior of HDZ leaders to date favors the status quo in the short run, but domestic and international pressure could both encourage more significant democratic reform than has been seen thus far.

  • Report: the Oslo Seminar of Experts on Democratic Institutions

    From November 4-15, the CSCE Seminar of Experts on Democratic Institutions met in Oslo, Norway, pursuant to a mandate contained in the 1991 Charter of Paris for a New Europe. Accordingly, experts discussed means and ways for "consolidating and strengthening viable democratic institutions." During the course of the Seminar, participants met in three closed study groups in which they considered constitutional and electoral frameworks, as well as comparative human rights legislation. In this context, numerous experts participated in the Oslo Seminar, contributing expositions on the differences among their various democratic traditions and often describing their national experiences in these areas. In addition, contacts among experts, non*governmental organizations, and government representatives in the margins of the meeting contributed to the overall work of the Seminar.

  • 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.

  • Democratic Developments in Albania

    Beginning at the Copenhagen Human Dimension Meeting in June 1990, Albania has been granted observer status at CSCE meetings. Albania would like to move beyond its current observer status and become a full participant in the process. The Commission delegation had stated when it left after its first visit that it needed to see significant improvements in Albania s human rights performance before we could support Albania’s membership in the CSCE. There is no question that the situation has remarkably improved as of last year, a fact which we on the Helsinki Commission have welcomed and have even complimented the existing government for moving in what we consider the right direction. A key question now, in addition to that of CSCE membership, is how the United States can best develop these bilateral relations to the benefit of democracy in Albania.

  • The USSR In Crisis: State of the Union

    This hearing centered the economic and political crisis in the Soviet Union. The Commissioners praised the diligent work of Gorbachev by positively changing the human rights dimension in Eastern Europe. From multi-party participation to higher freedoms of speech and assembly, the Soviet Union has pivoted to international standard of human rights. Despite the reforms made towards the advancement of human rights the economic situation has never been so pronounced in recent memory. The economic challenges facing the people of the Soviet Union is affecting the political atmosphere in very concerning way- increased powers to the KGB and arms deals that violate past international treaties. The hearing reviewed whether the economic crisis is causing the Soviet state to use military methods to save the Soviet power.

  • Soviet Crackdown in the Baltic States

    This hearing, which Steny H. Hoyer presided over, came at a time during which the United States’ time was occupied elsewhere in the world (i.e. the Middle East). Therefore, the running time of this hearing was expected to be an hour, with a more in-depth hearing to follow later on. In any case, attendees discussed, from the view of the U.S., anyway, that the Baltic States (i.e. Estonia, Latvia, and Lithuania) had all been illegally absorbed into what was then the Soviet Union. Likewise, the Baltic States had raised the issue that enforcement of conscription laws of the Soviet Union in these countries is in and of itself legal within the framework of the Geneva Convention. The consensus of the hearing was that the attempt by Moscow to crush democracy in the Baltic States must be met by the U.S. with the same resolve that the U.S. took in meeting similar attempts in other parts of the world, including collaboration with other countries.

  • Status Report on Soviet Jewry

    This hearing, which Representative Steny H. Hoyer presided over, was a portion of multiple hearings held on March 7, 1990, when attendees looked at the dramatic consequences of the Soviet government’s decision to relax its emigration policies, in addition to the impact of Glasnost on Jewish life in what was then the U.S.S.R. This new decision, the emigration policy of which was expected to soon be codified by the Supreme Soviet soon after the hearing took place, had negative and positive implications. While a record number of Jewish individuals were allowed to leave the U.S.S.R., Soviet citizens still needed explicit permission to leave the country. In spite of these reforms, though, there were still at least 100 refusenik cases, not to mention fear of an active anti-Semitic movement in the country.

  • 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 RIGHT TO RECEIVE AND IMPART INFORMATION - PRELUDE TO THE LONDON INFORMATION FORUM

    This Commission hearing focused on the implementation of the provisions of the Helsinki Accords in the member countries of Eastern Europe. The hearing reviewed the compliance records of the Soviet Union and Eastern Europe, with the provisions regarding the free flow of information. The East has had a mixed record in regards to its compliance of the information provisions of the Helsinki Accords. Expert witnesses gave testimony to bring better understanding of the bewildering, and sometimes contradictory signals the East is sending on its information policies.

  • 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.

  • Vienna Follow-Up Meeting of the CSCE

    This hearing focused on the Vienna Meeting and narratives in previous meetings in Belgrade and Madrid. These meetings centered on the U.S.S.R.’s persistent publicity about the true nature of the Soviet system, in particular regarding the role it played in the reversal of the Soviet image in Western Europe in the early 1980's. Due to Soviet improper compliance with OSCE rules and statues, such as detaining Helsinki monitors, the Vienna Meeting focused on strengthening the relevance and effectiveness of the Helsinki process to improve efficacy on progress.

  • THE CRISIS IN POLAND AND ITS EFFECTS ON THE HELSINKI PROCESS

    This hearing focused on the events in Poland, resulting from martial law, as direct violations of the human rights and other provisions of the Final Act and to determine what can be done to preserve human rights gains in that beleaguered country. It is clear now that the aim of this harsh crackdown was the suppression of the Polish workers' movement, Solidarity, as well as the rollback of the unprecedented political reforms and social renewal which that movement had stimulated during the past 16 months. Also discussed was the strategic importance of Poland to the U.S.S.R. and how these developments may show signs of vulnerabilities among the Soviet states.

  • Soviet Violation of Helsinki Final Act: Invasion of Afghanistan

    Attendees at this hearing, over which Commissioner Dante B. Fascell presided, discussed the December 1979 invasion of Afghanistan by the former Soviet Union, an invasion that ran counter to international law due to Afghanistan’s status as sovereign and independent. The set of agreements that the Soviet Union signed on to in 1975 with 34 other countries (i.e. the Helsinki Final Act) incorporated rights inherent in a country’s sovereignty, refraining from the threat or use of force, the rights of peoples to self-determination, and acceptance of international conduct principles. In short, the Soviet Union’s invasion and attempted occupation of Afghanistan had struck at the very heart of these principles, and its invasion had severely damaged the international climate and greatly damaged East-West relations.

  • Implementation Of The Helsinki Accords Vol. VIII – U.S. Compliance: Human Rights

    Commissioner Claiborne Pell and others in attendance, in this series of hearings, looked at their own country’s record on the Helsinki Final Act of 1975. This hearing signified the first time that a state belonging to the Organization for Security and Cooperation in Europe (OSCE), or the “Conference,” had looked at its own record in such a manner, taking into account criticism by other signatories and private domestic monitoring groups, no less. This series of hearings’ purpose was to ascertain progress accomplished, learn what more needs to be achieved, and proclaim a reaffirmation of the U.S. commitment to the Helsinki Final Act’s full implementation.

  • 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.

  • Podcast: Seeking Justice in Serbia

    Twenty years after U.S. citizens Ylli, Agron, and Mehmet Bytyqi were brutally murdered in Serbia in the aftermath of the 1999 conflict in Kosovo, their brother Ilir documents his family’s fight for justice in the face of inaction by Serbian authorities. Ilir is joined by family lawyer Praveen Madhiraju and Helsinki Commission senior policy advisor Robert Hand. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 2: Seeking Justice in Serbia | Helsinki on the Hill

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