Democracy and Human Rights Trends in Eurasia and East Europe a Decade of Membership in the Organization for Security and Cooperation in Europe
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107th CONGRESS Printed for the use of the 2nd Session Commission on Security and Cooperation in Europe Democracy and Human Rights Trends in Eurasia and East Europe A Decade of Membership in the Organization for Security and Cooperation in Europe A report prepared by the staff of the Commission on Security and Cooperation in Europe WASHINGTON: 2002 COMMISSION ON SECURITY AND COOPERATION IN EUROPE 234 Ford House Office Building Washington, DC 20515-6460 (202) 225-1901 [email protected] http://www.csce.gov LEGISLATIVE BRANCH COMMISSIONERS HOUSE SENATE CHRISTOPHER H. SMITH, New Jersey BEN NIGHTHORSE CAMPBELL, Colorado Co-Chairman Chairman FRANK R. WOLF, Virginia KAY BAILEY HUTCHISON, Texas JOSEPH R. PITTS, Pennsylvania SAM BROWNBACK, Kansas ZACH WAMP, Tennessee GORDON H. SMITH, Oregon ROBERT B. ADERHOLT, Alabama GEORGE V. VOINOVICH, Ohio STENY H. HOYER, Maryland CHRISTOPHER J. DODD, Connecticut BENJAMIN L. CARDIN, Maryland BOB GRAHAM, Florida LOUISE MCINTOSH SLAUGHTER, New York RUSSELL D. FEINGOLD, Wisconsin ALCEE L. HASTINGS, Florida HILLARY RODHAM CLINTON, New York EXECUTIVE BRANCH COMMISSIONERS LORNE W. CRANER, Department of State JACK DYER CROUCH II, Department of Defense WILLIAM HENRY LASH III, Department of Commerce ii ABOUT THE ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPE The Helsinki process, formally titled the Conference on Security and Cooperation in Europe, traces its origin to the signing of the Helsinki Final Act in Finland on August 1, 1975, by the leaders of 33 European countries, the United States and Canada. As of January 1, 1995, the Helsinki process was renamed the Organization for Security and Cooperation in Europe (OSCE). The membership of the OSCE has expanded to 55 participating States, reflecting the breakup of the Soviet Union, Czechoslovakia, and Yugoslavia. The OSCE Secretariat is in Vienna, Austria, where weekly meetings of the participating States’ permanent representatives are held. In addition, specialized seminars and meetings are convened in vari- ous locations. Periodic consultations are held among Senior Officials, Ministers and Heads of State or Government. Although the OSCE continues to engage in standard setting in the fields of military security, economic and environmental cooperation, and human rights and humanitarian concerns, the Organization is primarily focused on initiatives designed to prevent, manage and resolve conflict within and among the participating States. The Organization deploys numerous missions and field activities located in Southeastern and East- ern Europe, the Caucasus, and Central Asia. The website of the OSCE is: <www.osce.org>. ABOUT THE COMMISSION ON SECURITY AND COOPERATION IN EUROPE The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, is a U.S. Government agency created in 1976 to monitor and encourage compliance by the participating States with their OSCE commitments, with a particular emphasis on human rights. The Commission consists of nine members from the United States Senate, nine members from the House of Representatives, and one member each from the Departments of State, Defense and Com- merce. The positions of Chair and Co-Chair rotate between the Senate and House every two years, when a new Congress convenes. A professional staff assists the Commissioners in their work. In fulfilling its mandate, the Commission gathers and disseminates relevant information to the U.S. Congress and the public by convening hearings, issuing reports that reflect the views of Members of the Commission and/or its staff, and providing details about the activities of the Helsinki process and develop- ments in OSCE participating States. The Commission also contributes to the formulation and execution of U.S. policy regarding the OSCE, including through Member and staff participation on U.S. Delegations to OSCE meetings. Members of the Commission have regular contact with parliamentarians, government officials, representatives of non-govern- mental organizations, and private individuals from participating States. The website of the Commission is: <www.csce.gov>. iii DEMOCRACY AND HUMAN RIGHTS TRENDS IN EURASIA AND EAST EUROPE A Decade of Membership in the Organization for Security and Cooperation in Europe CONTENTS About the Organization for Security and Cooperation in Europe (OSCE) .......................................... iii Introduction...................................................................................................................................... 1 Armenia ........................................................................................................................................... 7 Azerbaijan...................................................................................................................................... 13 Belarus ........................................................................................................................................... 19 Georgia .......................................................................................................................................... 24 Kazakhstan .................................................................................................................................... 30 Kyrgyzstan ..................................................................................................................................... 36 Moldova ........................................................................................................................................ 42 Russian Federation ......................................................................................................................... 45 Tajikistan........................................................................................................................................ 50 Turkmenistan.................................................................................................................................. 55 Ukraine .......................................................................................................................................... 60 Uzbekistan ..................................................................................................................................... 66 APPENDICES Appendix I: Letters from States Accepting Existing Helsinki Commitments ...................................... 72 Appendix II: Signatures of Heads of State or Government to Orginal 1975 Helsinki Final Act........ 110 iv INTRODUCTION The ten-year anniversary of the collapse of the Union of Soviet Socialist Republics (USSR), an original signatory to the 1975 Helsinki Final Act, fell in 2001. The following year marked another mile- stone, perhaps less widely noticed: the passage of a decade since the entry of the Eurasian and East European States into the Organization for Security and Cooperation in Europe (OSCE)*, which embraces all of Europe, the former Soviet Union, the United States and Canada. Membership in the now 55-nation organization is predicated on the acceptance of certain bedrock principles of democracy, a wide array of human rights commitments and modern norms of statecraft, including respect for the rule of law and promotion of civil society. Each of the OSCE participating States, including those examined in this report, has committed to “build, consolidate and strengthen democracy as the only system of government of our nations.” Similarly, the participating States have declared that “human rights and fundamental freedoms are the birthright of all human beings, are inalienable and are guaranteed by law. Their protection and promotion is the first re- sponsibility of government. Respect for them is an essential safeguard against an over-mighty State.” In a step designed to preserve the unity of the Helsinki process, each new participating State submit- ted a letter accepting in their entirety all commitments and responsibilities contained in the Helsinki Final Act, and all subsequent documents adopted prior to their membership (see Appendix I). To underscore this continuity, the leaders of each of the countries signed the actual original Final Act document (see Appendix II). At the time, many observers believed—or hoped—that the fall of communism would usher in a new era and the relatively speedy emergence of states that treat their citizens and neighbors with respect. This report examines to what extent current realities justify the hopes and expectations of a decade ago. True, many did not share the grandiose vision that peoples liberated from Russian-Soviet communism would easily or quickly take on the attributes of Western political culture and standards. And the more cynical among them, glancing at Central Asia today, might enjoy saying, “I told you so.” In fact, 10 years ago, various analysts—echoed quietly by some delegations to the OSCE—wondered whether countries with such different histories, traditions, and cultures should join the club of Western nations. Some of their skepticism is well founded, as will be seen below. Still, when Leonid Brezhnev signed the Helsinki Final Act in 1975, the USSR was a totalitarian state which obviously had no intention of implementing the human rights commitments being accepted by the then 35 participating States in Helsinki. Over a decade passed before the emergence of a Soviet leader—Mikhail Gorbachev—who, while trying to renew a communist system he deeply believed in, nevertheless understood that its modernization re- quired the application,