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IMPLEMENTATION of the HELSINKI ACCORDS HEARING COMMISSION on SECURITY and I COOPERATION in EUROPE

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IMPLEMENTATION OF THE HELSINKI ACCORDS HEARING BEFORE THE COMMISSION ON SECURITY AND i COOPERATION IN EUROPE NINETY-NINTH CONGRESS FIRST SESSION THE OTTAWA HUMAN RIGHTS EXPERTS MEETING AND THE FUTURE OF THE HELSINKI PROCESS JUNE 25, 1985 Printed for the use of the Commission on Security and Cooperation in Europe U.S. GOVERNMENT PRINTING OFFICE 54-575 0 WASHINGTON :1985 IAA COMMISSION ON SECURITY AND COOPERATION IN EUROPE ALFONSE M. D'AMATO, New York, Chairman STENY H. HOYER, Maryland, Cochairman JOHN HEINZ, Pennsylvania DANTE B. FASCELL, Florida JAMES A. McCLURE, Idaho SIDNEY R. YATES, Illinois MALCOLM WALLOP, Wyoming TIMOTHY E. WIRTH, Colorado GORDON J. HUMPHREY, New Hampshire EDWARD MARKEY, Massachusetts CLAIBORNE PELL, Rhode Island DON RITTER, Pennsylvania PATRICK J. LEAHY, Vermont CHRISTOPHER SMITH, New Jersey RUSSELL B. LONG, Louisiana JACK F. KEMP, New York DENNIS DECONCINI, Arizona JOHN E. PORTER, Illinois EXECUTIVE BRANCH The Honorable RICHARD NORMAN PERLE, Department of Defense VACANCY, Department of Commerce VACANCY, Department of State MICHAEL R. HATHAWAY, Staff Director MARY SUE HAFNER, General Counsel (11) CONTENTS WITNESSES JUNE 25, 1985 Page Schifter, Ambassador Richard, head of U.S. delegation to the Ottawa Human Rights Experts Meeting ............................................................ 5 Palmer, Robie M., Deputy Assistant Secretary of State for European Affairs.... 19 Matthews, Gary, Deputy Assistant Secretary of State for Human Rights and Humanitarian Affairs ............................................................ 12 Gilman, Representative Benjamin A., U.S. Congress, Republican, 22d District.. 39 APPENDICES Report of the Ottawa Experts Meeting on Human Rights ...................................... 53 Text of speeches made at Ottawa Human Rights Experts Meeting: Statement by Undersecretary of State for Political Affairs Michael Arma- cost, May 9, 1985 ............................................................ 63 Introductory statement by Ambassador Richard Schifter, May 10, 1985 ...... 74 Plenary statement by Ambassador Richard Schifter on freedom of expres- sion and annex, May 15,1985 ............................................................ 91 Plenary statement by Ambassador Richard Schifter on the situation of religion in the U.S.S.R. and Czechoslovakia and annex, May 17, 1985 ...... 149 Plenary statement by'Ambassador Richard Schifter on social and eco- nomic issues,'May 22, 1985 ............................................................ 165 Plenary statement by Ambassador Richard Schifter on discrimination against national minorities and annex, May 28, 1985 ................................... 179 Statement on OME 8, OME 11, and OME 43 by Ambassador Richard Schifter, June 4, 1985 ................ ............................................ 194 Statement on incommunicado detention and access to prisoners proposal by Ambassador Richard Schifter, June 4, 1985 .............................................. 199 Statement concerning proposal on responding to human rights inquiries by Ambassador Richard Schifter, June 4, 1985 .............................................. 203 Closing statement by Ambassador Richard Schifter, June 17, 1985 .............. 206 Questions submitted to U.S. Department of State from Chairman Alfonse D'Amato and Cochairman Hoyer ............................................................ 208 (111) A PUBLIC HEARING ON THE OTTAWA HUMAN RIGHTS EXPERTS MEETING AND THE FUTURE OF THE HELSINKI PROCESS TUESDAY, JUNE 25, 1985 COMMISSION ON SECURITY AND COOPERATION IN EUROPE, Washington, DC The Commission met, pursuant to notice, in room 124, Dirksen Senate Office Building, 1st Street and Constitution Avenue NE., at 10 a.m., Senator Alfonse M. D'Amato, Chairman, and Representa- tive Steny H. Hoyer, Cochairman, presiding. In attendance: Commissioners and Senators Malcolm Wallop, Gordon J. Humphrey, and Dennis DeConcini; Commissioner and Representative John E. Porter; and Representatives Thomas P. Lantos and Sander M. Levin. Also in attendance: Michael R. Hathaway, staff director, and Mary Sue Hafner, general counsel of the Commission. OPENING STATEMENT OF COCHAIRMAN HOYER Mr. HOYER. Ladies and gentlemen, we will now commence this meeting of the Commission on Security and Cooperation in Europe. Chairman D'Amato will be with us after testifying at another hear- ing. Are the witnesses here? Soon, OK. This hearing has been called to receive testimony about the Ottawa Human Rights Conference. We are optimistic about the presentations that were made at Ottawa and hopeful that the out- come would be positive. Some of us are going to withhold judgment as to whether the outcome was, in fact, positive until such time as we've had an opportunity to hear from you, Mr. Matthews and others, about your perceptions as to what went on. Obviously, all of us had high expectations about what could happen at this first conference which dealt solely with the issue of human rights and the implementation of the provisions of the Hel- sinki accords. We were particularly optimistic in view of the im- pending tenth year anniversary of the signing of the Helsinki Final Act to be observed in Helsinki on August 1. We look forward to hearing from you, Mr. Ambassador. Prior to recognizing you and Mr. Matthews for your statements, however, I would like to recognize Senator DeConcini from the State of Arizo- na. Senator DeConcini. Mr. DECONCINI. Cochairman Hoyer, thank you very much. I want to thank you and Chairman D'Amato for scheduling these (1) 2 hearings on the results of the Ottawa Human Rights Experts Meet- ing and its effect on the future of the Helsinki process. I'm pleased to be a new member of the Commission on Security and Cooperation in Europe. I want to thank you, Cochairman Hoyer, for your leadership in this area. I look forward to working with you and my other colleagues here, both in the Senate and the uise, ito efns onue fulrl e of nthe Helsinki Finals Act The importance of this 35-nation conference which addressed "re- spect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief," cannot be over- emphasized. We are all members of the human family, and as long as any member of that family does not enjoy full human dignity and rights, none of us is truly free. While men and women are op- pressed in other lands, our freedom is only partial. It is my hopense tath testimony presented here today will pro- vide some insight, guidance, and assistance in our efforts to active- ly pursue compliance with the basic human rights provisions of the Helsinki Final Act. Thank you, Mr. Chairman. Mr. HOYER. Thank you, Senator. And now I recognize Senator Gordon Humphrey from New Hampshire. Senator Humphrey. Mr. HUMPHREY. Thank you, Mr. Chairman. For my part this morning, I want to focus on what I see as incon- sistency between the rhetoric of the United States on the subject of human rights apiand itsatin Iant to encompass not only human rights in the Soviet Union and Eastern Europe, but likewise in Af- ghanistan. While Afghanistan is not perfectly within the matter covered by the Helsinki agreements, nevertheless, I want to cite chapter 7 of the Helsinki agreements which, I think, makes it clear that Af- ghanistan is germane to any forum dealing with the Helsinki ac- cords. Quoting from chapter 7: In the field of human rights and fundamental freedoms, the participating states will act in conformity with the purposes and principles of the Charter of the United Nations and with the Universal Declaration of Human Rights. It will also fulfill their obligations as set forth in the International Declarations and Agreements in this field, including inter alia the international covenants on human rights by which they may be bound. Mr. Chairman, it seems to me that you might even use the word hypocrisy in describing that divergence between U.S. rhetoric and U.S. policy. Over the last 2 months we have seen two perfect exam- ples, two glaring examples, of this mismatch. Some 2 months or so ago, Secretary Baldrige journeyed to Moscow to resume for the first time since the invasion of Afghani- stan negotiations of a body called the U.S./U.S.S.R. Joint Commer- cial Commission. The purpose of the Secretary's visit was to ex- plore ways to expand trade between our two nations. Just this past week, Secretary Block likewise journeyed to Moscow to again revive negotiations that had been suspended sub- sequent to the Afghan invasion, this time in the area of agricultur- al cooperation and the exchange of agricultural expertise. It happens that Senator Wallop and I had a little discussion on that point one day, and wondered what expertise the Soviets might 3 give us in the area of agriculture. A digression, but perhaps we are seeking advice on how to destroy our system of agriculture. Per- haps we're seeking expertise on forced collectivization. I can't imagine what kind of expertise we want to secure from the Soviets in the field of agriculture. In any case, my point is here are two examples where, presum- ably, with the cooperation of the State Department and the White House, high ranking, indeed Cabinet officers, have gone to Moscow against a background of continued Soviet human rights violations in the Soviet Union, in Eastern Europe and the grossest kind of human rights violations in Afghanistan. Those visits, those examples of business as usual, with a back- ground of Soviet violations, massive Soviet violations of human rights, can only send one message to Moscow
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