BASKET III: IMPLEMENTATION OF THE HELSINKI ACCORDS HEARINGS BEFORE THE COMMISSION ON SECURITY AND COOPERATION IN EUROPE NINETY-SEVENTH CONGRESS FIRST SESSION THE CRISIS IN POLAND AND ITS EFFECTS ON THE HELSINKI PROCESS DECEMBER 28, 1981 Printed for the use of the - Commission on Security and Cooperation in Europe U.S. GOVERNMENT PRINTING OFFICE 9-952 0 'WASHINGTON: 1982 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 COMMISSION ON SECURITY AND COOPERATION IN EUROPE DANTE B. FASCELL, Florida, Chairman ROBERT DOLE, Kansas, Cochairman ORRIN G. HATCH, Utah SIDNEY R. YATES, Illinois JOHN HEINZ, Pennsylvania JONATHAN B. BINGHAM, New York ALFONSE M. D'AMATO, New York TIMOTHY E. WIRTH, Colorado CLAIBORNE PELL, Rhode Island MILLICENT FENWICK, New Jersey PATRICK J. LEAHY, Vermont DON RITTER, Pennsylvania EXECUTIVE BRANCH The Honorable STEPHEN E. PALMER, Jr., Department of State The Honorable RICHARD NORMAN PERLE, Department of Defense The Honorable WILLIAM H. MORRIS, Jr., Department of Commerce R. SPENCER OLIVER, Staff Director LYNNE DAVIDSON, Staff Assistant BARBARA BLACKBURN, Administrative Assistant DEBORAH BURNS, Coordinator (II) ] CONTENTS IMPLEMENTATION. OF THE HELSINKI ACCORDS The Crisis In Poland And Its Effects On The Helsinki Process, December 28, 1981 WITNESSES Page Rurarz, Ambassador Zdzislaw, former Polish Ambassador to Japan .................... 10 Kampelman, Ambassador Max M., Chairman, U.S. Delegation to the CSCE Review Meeting in Madrid ............................................................ 31 Baranczak, Stanislaw, founder of KOR, the Committee for the Defense of Workers.......................................................................................................................... 47 Scanlan, John D., Deputy Assistant Secretary for European Affairs, Depart- ment of State ............................................................ 53 Kahn, Tom, assistant to the president of the AFL-CIO ........................................... 59 MATERIAL SUBMITTED FOR THE RECORD Written statement by Commission Co-chairman and Chairman of this hearing Senator Bob Dole .............................................................. 2 Statistics submitted by Senator Dole regarding trade as it applies to Poland .... 4 Biography of former Ambassador Zdzislaw Rurarz ................................................... 29 Speech made by Ambassador Kampelman at the closing plenary session in Madrid on December 18, 1981 ............................................................ 41 Statement on Poland submitted by Mr. Tom Kahn .................................................. 66 STATEMENTS AND LETTERS SUBMITTED FOR THE RECORD Statement by Commission Chairman Dante B. Fascell ............................................ 1 Material submitted by the Committee in Support of Solidarity: Background Information on the spokesmen for the Committee ..................... 69 Text of the testimony of Miroslaw Chojecki, representative of the Com- mittee in New York ............................................................ 71 Statement on the response of the West to the conflict in Poland .......... ........ 84 Press releases issued by Helsinki Watch in New York (Robert L. Bernstein, President): Helsinki Watch issues Polish human rights report: Sponsors U.S. trip for founder of Independent Polish Publishing House NOWA ............................................................ 88 Poland's leading underground publisher visits United States ............ ............ 90 Helsinki leaders arrested: U.S. counterpart group issues report .................... 92 Call for Madrid conference to resolve Polish crisis ........................................... 95 (111) PUBLIC HEARING ON THE CRISIS IN POLAND AND ITS EFFECTS ON THE HELSINKI PROCESS MONDAY, DECEMBER 28, 1981 COMMISSION ON SECURITY AND COOPERATION IN EUROPE, Washington, D.C. The Commission met, pursuant to notice, in room 2221, Dirksen Senate Office Building, 1st Street and Constitution Avenue, NE., at 11 a.m., Senator Robert Dole, co-chairman, presiding. In attendance: Commissioners and Senators Patrick J. Leahy and Orrin G. Hatch; Representative Don Ritter; and the Honorable Steven Palmer, Deputy Assistant Secretary of State for European Affairs. Also in attendance: R. Spencer Oliver, Staff Director and General counsel of the Commission. OPENING STATEMENT OF CHAIRMAN DOLE Mr. DOLE. Before we hear our first witness, I would like to make a brief statement, and also include in the records, a statement by the Chairman of the Commission, Congressman Dante Fascell. [Congressman Fascell's written statement follows:] STATEMENT BY REPRESENTATIVE FASCELL ON POLAND Previous commitments in my district prevent me from attending the hearing on Poland to be held today-December 28-by the Commission on Security and Cooper- ation in Europe, but I again wish to express my profound concern over the imposi- tion of military rule, in violation of the Helsinki Final Act, in Poland on December 14, aimed at the suppression of the Polish workers' movement. Once again a Communist government has shown that fear is its only recourse when the people express their will. The martial law provisions are in flagrant viola- tion of key human rights and basket III provisions of the Helsinki Final Act, includ- ing the suspension of basic civil rights, the ban on all gatherings and public meet- ings, the imposition of State censorship over all forms of communication, and limita- tions on freedom of movement by Polish citizens. The government-imposed news blackout in Poland has given the government a monopoly on information, but such a transparent tactic will never succeed in cover- ing up government-imposed suppression of civil, political economic and social rights pledged in the Helsinki accords. I trust that today's hearing will help clarify the true state of the tragic events in Poland, and help chart the way for future actions to be taken to support the Polish people in their struggle for human rights and basic fundamental freedoms. Mr. DOLE. For the information of those who are present, let me explain that the Commission on Security and Cooperation in Europe was formed in 1976 to monitor and encourage compliance with the Helsinki Final 'Act signed in 1975 by the heads of state of 33 nations of Europe, the United States, and Canada. The Final Act pledged cooperation and guarantees among the signatories for (1) 2 certain security measures such as the notification of troop move- ments, the free flow of information, trade and cultural exchanges, and certain basic human rights. The Helsinki Commission is composed of six Senators and six Congressmen plus one Commissioner each from the Departments of State-Mr. Palmer represents the Department of State-Com- merce, and Defense. In the past 5 years, the Commission has held hearings, issued reports, taken care of casework, and cooperated with the Department of State and other U.S. Government agencies in the formulation and implementation of U.S. policy regarding the CSCE process. The imposition of military rule in Poland on the evening of De- cember 12 and the subsequent repressive measures are clear viola- tions of numerous provisions of the Helsinki Final Act. Most nota- bly violated are Principle VII, respect for human rights and funda- mental freedoms, and various Basket III provisions on the free movement of people and ideas. Also in question is Principle VI with respect to non-intervention in internal affairs, pending fur- ther knowledge of the Soviet role in the recent events in Poland. I have made a statement by Congressman Fascell a part of the record, plus I would like to make another, more lengthy statement that I have prepared. I have also invited certain departments and other persons and interested groups-for example the president of the Polish-American Congress-to submit statements which will be included in the record. [Opening statement of Chairman Dole follows:] OPENING STATEMENT OF CHAIRMAN DOLE On December 12, in stark violation of the Helsinki Final Act, martial law and military rule were imposed in Poland. 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. The purpose of this hearing today is to examine the recent events in Poland 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. The imposition of military rule came at precisely the time when the 35 participat- ing state in the Helsinki process meeting in Madrid were on the verge of final con- sideration of a draft concluding document designed to bring that protracted meeting to a conclusion. Now, the likelihood of a successful conclusion at Madrid seems more remote than ever. The imposition of martial law in Poland and the subsequent crackdown on Soli- darity are flagrant violations of essential human rights and Basket III provisions of the Helsinki Final Act. Basic civil rights have been suspended, particularly those assuring personal liberty. A ban has been imposed on public meetings and demon- strations. There have been widespread arrests and detentions, said to number in the tens of thousands. Criminal penalties including arrest and summary trial have been imposed on those accused of posing a threat to the security and