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OSCE Yearbook 2005 Considers a Wealth of Current and Perennial Themes, by No Means All of Which Can Be Treated Adequately in a Short Fore- Word

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Institute for Peace Research and Security Policy Hamburg (ed.) Hamburg and Security Policy Research Peace Institute for • OSCE Yearbook osC e 11 Institute for Peace Research and Security Policy at the University of Hamburg / IFSH (ed.) OSCE Yearbook 2005 Yearbook on the Organization for Security and Co-operation in Europe (OSCE) osC e 2005 Nomos Die Deutsche Bibliothek – CIP Einheitsaufnahme Die Deutsche Nationalbibliothek verzeichnet diese Publikation in der Deutschen Nationalbibliografie; detaillierte bibliografische Daten sind im Internet über http://dnb.d-nb.de abrufbar. Die Deutsche Bibliothek – CIP Cataloguing-in-Publication-Data Die Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data are available in the Internet at http://dnb.d-nb.de ISBN 3-8329-1881-7 1. Auflage 2006 © Nomos Verlagsgesellschaft, Baden-Baden 2006. Printed in Germany. Alle Rechte, auch die des Nachdrucks von Auszügen, der photomechanischen Wiedergabe und der Übersetzung, vorbehalten. Gedruckt auf alterungsbeständigem Papier. This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically those of translation, reprinting, re-use of illustrations, broadcasting, reproduction by photocopying machine or similar means, and storage in data banks. Under § 54 of the German Copyright Law where copies are made for other than private use a fee is payable to »Verwertungsgesellschaft Wort«, Munich. Contents Dimitrij Rupel Preface by the Chairman-in-Office 11 Ursel Schlichting Foreword 13 I. States of Affairs – Affairs of State OSCE: Developments and Prospects – Focus on 30 Years of the Helsinki Final Act Egon Bahr Germany’s Ostpolitik and the Road to Helsinki 23 John J. Maresca The CSCE at Its Inception: 1975 in Myth and Reality 29 Jiřina Šiklová The Final Act of Helsinki as Seen through the Eyes of a Witness from Czechoslovakia 39 Andrei Zagorski The Clash between Moscow and the Human Dimension of the CSCE: From Vienna to Copenhagen (1989-1990) 47 Peter Schlotter The OSCE’s Contribution to “Democratic Peace” – 30 Years of the Helsinki Final Act 61 Stephan M. Minikes Congratulations: The OSCE Is Alive and Well 69 5 The OSCE States: Their Interests and Commitment Yves Doutriaux France and the OSCE 81 Maria-Pia Kothbauer-Liechtenstein/Mette Kongshem The Group of Like-Minded Countries within the OSCE 89 Vladimir Ulakhovich Belarus and the OSCE 97 II. Responsibilities, Instruments, Mechanisms, and Procedures Conflict Prevention and Dispute Settlement Antoine Rozes The OSCE Presence in Albania: The Role of Field Stations and Their Activities 115 Douglas Davidson Ten Years of the OSCE Mission to Bosnia and Herzegovina: Reflections on a Decade and Thoughts on the Future 125 Claus Neukirch Managing the Crises – Restarting the Process: The OSCE Mission to Moldova in 2004/2005 139 Roy Reeve The OSCE Mission to Georgia – Activities in 2004 155 Andrea Berg All Eyes on Central Asia: Disintegration in Uzbekistan and Kyrgyzstan 163 6 The Human Dimension and Democratic Development Benjamin Ward A Fig-Leaf for Torture: The Use of Diplomatic Assurances in the OSCE Region 179 Eric Manton The OSCE Human Dimension Process and the Process of Customary International Law Formation 195 Victor-Yves Ghebali Debating Election and Election Monitoring Standards at the OSCE: Between Technical Needs and Politicization 215 Juliane Markard/Jens Narten Promoting Democracy by Means of International Election Observation: The ODIHR Election Observation Mission to Albania 231 Building Co-operative Security Pál Dunay The OSCE’s Sleeping Beauty: The Politico-Military Dimension Waits for the Magic Kiss 245 Christophe Billen The OSCE: A Platform for Co-operative Counter-Terrorism Activities in Central Asia? 265 III. Organizational Aspects OSCE Institutions and Structures Kurt P. Tudyka The Bulgarian Chairmanship between Crises 287 7 Christian Strohal Consolidation and New Challenges: The ODIHR in the OSCE’s 30th Anniversary Year 303 Helga Konrad Latest Developments and Challenges in the Fight against Trafficking in Human Beings in the OSCE Area 321 External Relations and Influence Aleksi Härkönen The OSCE and Outreach Activities – Prospects for an Enlarged Role? 337 Boris Wilke Regional Security Strategies for Afghanistan and Its Neighbours – A Role for the OSCE? 347 8 Annexes Common Purpose – Towards a More Effective OSCE. Final Report and Recommendations of the Panel of Eminent Persons On Strengthening the Effectiveness of the OSCE 359 Report: Colloquium on “The Future of the OSCE”. A Joint Project of the OSCE Parliamentary Assembly and the Swiss Institute for World Affairs 381 Managing Change in Europe. Evaluating the OSCE and Its Future Role: Competencies, Capabilities, and Missions Centre for OSCE Research (CORE), Hamburg 389 Forms and Forums of Co-operation in the OSCE Area 431 The 55 OSCE Participating States – Facts and Figures 433 OSCE Conferences, Meetings, and Events 2004/2005 451 OSCE Selected Bibliography 2004/2005 455 Abbreviations 473 Contributors 479 9 Dimitrij Rupel Preface by the Chairman-in-Office To be asked to pen the foreword to one of the most consistently informative books on the OSCE is a great honour for me. As a writer it gives me pleasure to practice my old “profession”, but especially in my present dual role as Chairman-in-Office of the OSCE and Foreign Minister of Slovenia, I feel I have a special duty to try to express some thoughts on what this means both for myself and my country. As everyone appreciates, the year 2005, marking six decades since the dramatic end of World War II, is full of important anniversaries related to that key event. The OSCE is marking two events of its own, namely the sign- ing of two landmark documents: the signing of the Helsinki Final Act, 30 years ago, on 1 August 1975, and the signing of the Charter of Paris for a New Europe, 15 years ago, on 21 November 1990. These two documents are the keystones in the security architecture of post-World War II Europe. And over the last 30 years they have come to provide both the foundation and the impetus for a more united and secure continent. The OSCE will also remember the signing of these two documents in December when the Foreign Ministers of the 55 participating States gather in Ljubljana for the annual meeting of the OSCE Ministerial Council. I hope that when I greet them there, they will also be able to look back on a year that has seen significant progress made in meeting the goals and priorities of both the OSCE and the Slovenian Chairmanship. As I write these lines in the early summer, I have already been privil- eged to witness great strides towards democracy taken in two OSCE States: Ukraine and Kyrgyzstan. After disputed elections, which were fairly and transparently monitored by the OSCE’s own acclaimed election specialists, the Office for Democratic Institutions and Human Rights, the OSCE was able to play a role in reducing post-election tensions and encouraging the peaceful transfer of power. Thus, in January, I was able to make my first foreign trip as Chairman-in-Office to visit the newly elected President in Kyiv. In April, I was able to talk personally to the authorities in Bishkek and encourage them to settle their difference at the ballot box, but this time with important changes in order to secure a free and fair process. Neither of these events had figured in my plans as I looked forward to assuming the Chairmanship. But the way that the OSCE played a vital role in both simply underlined for me the enormous value of this marvellously flex- ible and resourceful body. The fact that the events occurred on my watch meant that I could be proud to have been a part of the process of encouraging the peaceful spread of democracy. 11 Now as I look forward to the rest of the year, I expect it will leave me with yet more memories of further important steps along the road to the ful- filment of the OSCE’s mandate. While the OSCE helps to keep a lid on po- tential conflict situations in Georgia and Moldova and between Armenia and Azerbaijan, supports stability in South-eastern Europe, and particularly Kos- ovo, and performs many other less loudly trumpeted tasks, it can hope to en- courage States to adhere to their military confidence building agreements, to firmly anchor human rights on the bedrock of the rule of law, and to develop good governance and encourage the kind of economic prosperity that will eventually lead to peaceful relations between neighbours across the whole vast region from Vancouver to Vladivostok. 12 Ursel Schlichting Foreword Thirty years ago in Helsinki, on 1 August 1975, the heads of state or govern- ment of 35 countries, among them the USA and Canada, signed the Final Act of the Conference on Security and Co-operation in Europe (CSCE). This was not only the culmination of a series of high-level diplomatic conferences that had begun two years earlier almost to the day, but also the start of a unique success story. During the 1970s and 1980s, the CSCE, more than any other institution, enabled and embodied the dialogue between two highly armed and hostile blocs – a dialogue on security in the midst of the Cold War, a dialogue on co- operation between antagonistic economic and social systems. At a time when the two major military alliances appeared to be the only relevant international actors in the field of security, the Helsinki process represented an intelligent alternative and a well-nigh revolutionary instrument for the creation of secur- ity.1 In its special focus section, the current OSCE Yearbook looks back at the Helsinki process. Eye-witnesses such as Egon Bahr and John Maresca evoke the atmosphere of the 1970s, describing the sense of potential that ac- companied the start of the negotiations over the Final Act, but also the ten- sion associated with the Cold War and which, at times, placed the success of the CSCE in doubt.
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