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The United States and the Helsinki Final Act. a Status Report

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The United States and the Helsinki Final Act. a Status Report ri ,A;; . ;, ; . !-v- . DOCOMIT INSONN 10 1.13 446 SO 012 372 TITLE Fulfilling Our Promises: Ihe United States and the Helsinki Final Act. A Status Report. INVTITUTION Commission on Security and Cooperation in Europe, Washington, D.C. PUB DkTE Nov 79 NOTE 414p.: Chart 1 from Appendix IV on pages 330-331 and Table /XII from Appendix VII may not reproduCe clearly in paper copy from !DRS due to small print ,/type and fading ink EDRS PRICE NF01/PC17 Plus Postage. DESCRIPTORS Civil Liberties: *Complianc (Legal): *Cooperation: Cultural Exchange: Economic : *Federal Government: Foreiafl Countries: Forei olicy: Global kpiroAch: Govern ent Role: Inter tonal Educational Exchiftge: *Inter ational Relations: International Studies: National Defense: *Peace: Political Science; Technology IDENTIFIERS Europe: *Helsinki Final Act: United States ABSTRACT This report examines compliance by the United States with agreements made in the Helsinki Final Act. The Act was signed in 1975 by leaders of 33 East and West European nations, Canada, and the U.S. It contains numerous cooperative measures aimed at improving East-Nest relations. This report was prepared by the Commission on Security and Cooperation in Europe (CSCE1, an independent advisory agency that monitors the implementation recoeds of the U.S. and other countries which signed the Final Act. One of the report's purposes is the conscientious examination of the U.S. implementation record, including shortcomings pointed out by some CSCE participaats and .domestic critics. Pour maior chapters review U.S. actions injour _conceptual areas. The chapter titled "Security,in Europe" exglores principles such as soverian equality, inviolability of frontiers, and nonintervention in internal affairs. It also examines aspects of military security. The chapter titled "Human Rights" covers political and civil rights, social and economic rights, womenes rights, and religious liberty. The chapter on economic ard scientific cooperation explores ifplementation in areas of commerial exchange, industrial cooperation, environment, and science and .technology. The (hapter on cooperation in humanitarian and other fields examines rcduced restrictions on individual travel, radio broadcasts, and cultural and educational exchanges. A conclusicn and appendices are included. lAuthor/AV) 1. ****************************************************************** Reproductions supplied by EDFS are the best that can be made from the original document. *********************************************************************** '7,,,r..1:1/47ifv't 4,.e- . A ILI. MI MIT/SINT OP NeAL TN. IDOCIATION 4 VAILPAIS NITIOSIAINITITUTIP OP RION THIS DOCUMENT HAS SEEN REPRO. DUCII0 EXACTLY AI RECEIVED FROM THE PERSON OR ORGANISATION OR MN. A , ATM) IT POINTS Of VIEW di OPINIONS STATED CIO NOT NECESSAILILY nem. SINT OFFICIAL NATIONAL INSTITUTE Opt; EDUCATION POSITION OR POLICY FULFILLING CUP,PROMISES: THE UNITED STATES AND THE HELSINKI FINAL ACT A Status Report Compiled and Edited by the Staff of the Commission on Security and Cooperation in Europe Washington, D.C. November 1979 COMMISSION ON SECURITY AND COOPERATION IN EUROPE Room 3281, House Annex V 2 U.S. House of Representatives, - Washington, D.C. 20515 REP. DANTE B. FASCELL, Florida, Chairman SEN. CLAIBORNE PELL, Rhode Island, Co-Chairman . SEN. GEORGE McGOVERN, S. Dakota REP. SIDNEY YATES, Illinois SEN. PATRICK LEAHY, Vermont REP. JONATHAN BINGHAM, New York SEN. RICHARD STONE, Florida REP PAUL SIMON, Illinois SEN. JACOB JAVITS, New York REP. JOHN BUCHANAN, Alabama SEN. ROBERT DOLE, Kansas REP. MILLICENT FENWICK, New Jersey Executive Beanch C Issioners PATRICIA DERIAN, Department of State :DAVID McGIFFERT, Department of Defense (VACANT), Department of Commerce Commission Staff R. SPENCER OLIVER, Staff Director and General Counsel SAMWISE, Deputy Staff Director CANDIS AGNONE, Staff Assistant ESTER KURZ, Staff Assistant DEBORAH BURNS, Administrative Ass't BETH KNISLEY, Press Officer CATHERINE COSMAN, Staff Assistant SUSAN PEDERSON,Staff Assistant LYNNE DAVIDSON, Staff Assistant PAULA PENNINGTON, Office Man. MARY DOMINICX, Staff Assistant HELEN SEN, StaffAssistant MEG DONOVAN, Staff Assistant MARTIN SLETZINGER, Staff Ass't FLORENCE GRAVES, Consultant KATE STILLMAN, Staff Kssistant CRAIG HOOVER, Staff Assistant .. tk, 3 - .. .. -....,k.1." TABLE OF comunli Chapter One 1 1 Introduction Chapter Two - Security In Europe Introduction 8 Principles 9 Military Security 23 Conclusion 29 1. Chapter Three - Human Rights Introduction 31 Political and Civil Rights 33 Political Participation 44 Domestic Surveillance \'51 Political Prisoners 54 Persons in Confinement 74 Social and Ecdnornic Rights 93 Health 97 Education 104 Employment 109 Housing 124 Wornen's Rights 135 American Indians 148 Religious Liberty 164 International Covenants on Human Rights 168 Conclusion 174 Chapter Four - Economic.and Scientific Cooperatioo Introduction 176 Commercial Exchanges 178 Industrial Cooperation and Projects of Common Interest 208 Provisions Concerning Trade and Industrial Cooperation 212 Science and Technology 213 Environment 238 Cooperation in Other Areas 247 Conclusion 254 Chapter Five - Cooperation in Humanita'rian and Other Fields Introduction 256 Humen Contacts 257 Information 281 Radio Broadcasts 287 Cultural and Educational Exchanges 291 Conclusion 310 Chapter Six Conclusion 311 Appendices 313 4 1 " :IF7M,';41rA4.4.'Y:',..-Y.-'1,t4'...:SV 4 1 CHAPTER ONE OVERALL INTRODUCTION Background on Commission The CoMmission on Securitrand Cooperation In Europe (CSCE), an Independent advisory agency,. was created by Public Law 94=304, signed June 3,1976. The legislation, sponsored by Rep. Millicent Fenwick and Sen. dlifford.P. Case, . "authorized and directed the Commission to mon:tor the acts of the signatories which reflect compliance with or violation of the articles ofthe Final Act of the Conference on Security and Cooperation in Europe, with particular regard to the provi- slons relating to Cooperation In Humanitarian Fields." Chaired by Rep. Dante B. Fascell and co-chaired by Sen. Claiborne Pell, the Commission is composed, of six members of the Senate, six members of the House of Representatives and one member each from the Departments of State, Definse and Commerce. Cbmmission's Record on Domestic Compliance The leaders of 33 East and Welt European nations, Canada and the United States, met in Helsinki, Finland,in August of 1975 to sign the CSCE Final Act. The comprehensive document contains numerous cooperative measures aimed at improving East- West relations. Equally important is the pledge 'each partici- pating nation made to respect human right's and fundamental free- doms of its citizens. While the Final Act is not a legally binding agreement, it has, as forme" President Gerald Ford pointed out prior to his departure for the Helsinki summit, "important moral and political ramifications." The Commission has continuously monitored the implementa- tion.record of the U.S. as well as the records of other countries which signed the Final Act. Previous Commission reports have assessed the U.S. compliance effort and made recommendations to improve it. The Commission's first major compliance report-- "Implementation of the Final Act of the Conference on Security and Cooperation in Europe: Findings and Recommendations Two Years After Helsinki"-- contains an even balance of recommendations for domestic and foreign action. Through its hearings on a variety of CSCE subjects and through contacts with a wide range of private groups and individuals, the Commission has maintained a continuing interest in the U.S. compliance record. 1 ft82 61980 Origin's, of this Report A In addition to its routine monitoring of U.S. performance, the Commissien felt a major study devoted exclusively to.evalua- tion of the U.S. record of coMpliance with the Helsinkiaccords was needed for several reasons. The first reason stems frOm the results of the first CSCE review meetingheld at Belgrade, Yugoslavia, from October of 1977 to March of 1978. At Belgrude, the U.S. took a strong stand in favor of compliance with all the provisions of ,the Final Act, especially In the area ofhuman . rights. The heasLof the U.S. delegation At Belgrade, Justice Arthur Gotdberg, repeatedly called for an honest accounting by all participants. At the same time, he candidly acknoWledged U.S. shortcomings and urged open discussion concerning the records of all 35 CSCE states. Several participants resisted' charging the U.S. with posturinuand claiming that suth an examination would be tantamount to interference In internal affairs -- allegedjy In violation of Principle VI of the Final Act. However, as the meeting progressed, there' was growjng support for the concept that the obligations of eachCSCE state were the legitimate concernof all.the others. Even the staunchest critics of this idea, while continuing to ignore criticisnis of their own performance, eventually undermined their own argument by directinghighly poleMical attacks against the U.S. record. .The Commission felt that to insure the long-term sutcess of the CSCE process, the U.S. should make aspecial effort in the post-Belgrade period to demonstrate itsgood faith by taking an honest, comprehensive look at its ownperformance. A second reason for this report is the growinginterest in U.S. CSCE implementation of private civilrights and other groups in the United States. Since the Belgrade meeting at least two private Helsinki Watch organizationshave been formed, one in New York and one inWashington, D.C.
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