BY THE PARTICIPATION OF THE PRIVATE SECTOR IN THE UNITED STATES IN EXCHANGES BETWEEN MUSEUMS, PUBLISHERS, WRITERS AND THEATERS. THERE HAS BEEN A SIGNIFICANT INCREASE IN THE NUMBER OF U.S. STUDENTS STUDYING RUSSIAN IN THE SOVIET UNION. IN GENERAL, THE UNITED STATES HAS A GOOD RECORD IN IMPLEMENTING THE CULTURAL AND EDUCATIONAL PROVISIONS OF THE FINAL ACT. INEQUITIES IN THE MODALITIES OF THESE EXCHANGES PERSIST, PARTICULARLY IN THE SOVIET UNION WHERE IT IS STILL DIFFICULT FOR U.S. SCHOLARS AND STUDENTS TO TRAVEL WITHIN THE COUNTRY AND TO OBTAIN ACCESS TO ARCHIVES AND OTHER SOURCES REQUIRED FOR THEIR RESEARCH. FOLLOWING THE SOVIET INVASION OF AFGHANISTAN, THE U.S.U.S.S.R. CULTURAL AGREEMENT LAPSED ON DECEMBER 31, 1979, AND HAS NOT BEEN RENEWED. CULTURAL EXCHANGES BETWEEN THE TWO COUNTRIES HAVE BEEN SUSPENDED FOR THE MOST PART, BUT EDUCATIONAL EXCHANGES ARE CONTINUING. EXCHANGES WITH EASTERN EUROPE HAVE NOT BEEN AFFECTED. IN THE BELIEF THAT COMMUNICATION BETWEEN THE TWO SUPERPOWERS IS IMPORTANT AT ALL LEVELS, THE COMMISSION HOPES THAT AN EARLY CHANGE IN SOVIET BEHAVIOR WILL PERMIT A RESUMPTION OF CULTURAL EXCHANGES, THUS CONTINUING THE DIALOGUE BETWEEN THE UNITED STATES AND THE SOVIET UNION WHICH HAS BECOME A PART OF THE HELSINKI PROCESS. IN THE MEANTIME, THE COMMISSION RECOMMENDS THAT U.S. CULTURAL EXCHANGES WITH THE SOVIET UNION BE REVIEWED AND REASSESSED TO DETERMINE WHETHER THEY ARE BEING CONDUCTED "ON THE BASIS OF EQUALITY, MUTUAL BENEFIT AND RECIPROCITY," AS SPECIFIED IN THE BILATERAL CULTURAL AGREEMENT. EXCHANGES WITH EASTERN EUROPE SHOULD BE EXPANDED WHEREVER POSSIBLE. CHAPTER TWO - BASKET I (SECURITY IN EUROPE) INTRODUCTION THE FIRST SECTION OR "BASKET" OF THE HELSINKI FINAL ACT, INCLUDES A DECLARATION ON PRINCIPLES GUIDING RELATIONS BETWEEN PARTICIPATING STATES AND A DOCUMENT ON MILITARY CONFIDENCEBUILDING MEASURES (CBMS). PRINCIPLES THE 10 PRINCIPLES IN THE DECLARATION EXPRESS BASIC PRECEPTS OF INTERNATIONAL BEHAVIOR TO WHICH THE EUROPEAN COMMUNITY HAS LONG THEORETICALLY SUBSCRIBED AND WHICH DERIVE LARGELY FROM PRINCIPLES PROPOUNDED IN THE UNITED NATIONS CHARTER. THE DECLARATION OF PRINCIPLES, THEREFORE, ESSENTIALLY CODIFIES ALREADY EXISTING PRINCIPLES OF INTERNATIONAL LAW AND MAKES CLEAR THE STANDARDS OF INTERNATIONAL BEHAVIOR TO WHICH ALL HELSINKI SIGNATORIES ARE PLEDGED. AS LARGELY STRAIGHTFORWARD REAFFIRMATIONS OF WHAT HAVE LONG BEEN ACCEPTED NORMS OF INTERNATIONAL RELATIONS, THE PRINCIPLES MOSTLY REQUIRE ONLY REFRAINING FROM CERTAIN ACTIONS FOR THEIR FULFILLMENT. THOSE IN THIS CATEGORY ARE: PRINCIPLE I, SOVEREIGN EQUALITY; PRINCIPLE II, REFRAINING FROM THE USE OF FORCE; PRINCIPLE III, INVIOLABILITY OF FRONTIERS; PRINCIPLE IV, TERRITORIAL INTEGRITY OF STATES; PRINCIPLE V, PEACEFUL SETTLEMENT OF DISPUTES; PRINCIPLE VI, NON-INTERVENTION IN INTERNAL AFFAIRS; AND PRINCIPLE X, FULFILLMENT IN GOOD FAITH OF OBLIGATIONS UNDER INTERNATIONAL LAW. OTHER PRINCIPLES ARE MORE COMPLEX NOTABLY PRINCIPLE VII, HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS; PRINCIPLE VIII, EQUAL RIGHTS AND SELF-DETERMINATION OF PEOPLES; AND PRINCIPLE IX, COOPERATION AMONG STATES. UNLIKE THE OTHERS, THESE PRINCIPLES REQUIRE A COUNTRY TO TAKE POSITIVE, SPECIFIC ACTIONS TO BRING ABOUT THEIR IMPLEMENTATION. SINCE MOST OF THE PRINCIPLES ARE IMPLEMENTED IN NORMAL DIPLOMATIC AND COMMERCIAL DEALINGS BETWEEN STATES, THE COMMISSION HAS FOUND THAT THE RECORD OF COMPLIANCE WITH THE DECLARATION OF PRINCIPLES - EXCLUDING PRINCIPLES VII AND VIII -- GENERALLY HAS BEEN GOOD WITH SEVERAL NOTABLE EXCEPTIONS, PARTICULARLY SOVIET INVASION OF AFGHANISTAN DISCOUNTING THE SOVIET CLAIM THAT ITS "ASSISTANCE" TO AFGHANISTAN IS BEING RENDERED UNDER THE TERMS OF A BILATERAL TREATY OF 1978, THE INVASION OF AFGHANISTAN (ALTHOUGH NOT A CSCE SIGNATORY STATE) IS A DIRECT VIOLATION OF AT LEAST FIVE PRINCIPLES OF THE DECLARATION OF PRINCIPLES: IT IS A VIOLATION OF PRINCIPLE I WHICH CALLS UPON THE PARTICIPATING STATES TO RESPECT THE RIGHT OF EVERY STATE TO "JURIDICAL EQUALITY, TO TERRITORIAL INTEGRITY AND TO FREEDOM AND INDEPENDENCE;" IT IS A VIOLATION OF PRINCIPLE II WHICH CALLS UPON THE PARTICIPATING STATES "TO REFRAIN FROM THE THREAT OR USE OF FORCE AGAINST THE TERRITORIAL INTEGRITY OR POLITICAL INDEPENDENCE OF ANY STATE;" IT VIOLATES PRINCIPLE VIII WHICH CALLS ON THE PARTICIPATING STATES TO "RESPECT THE EQUAL RIGHTS OF PEOPLES AND THEIR RIGHT TO SELF-DETERMINATION;" IT VIOLATES PRINCIPLE IX WHICH STIPULATES THAT THE SIGNATORIES "DEVELOP THEIR COOPERATION WITH ONE ANOTHER AND WITH ALL STATES IN ACCORDANCE WITH THE PURPOSE AND PRINCIPLES OF THE CHARTER OF THE U.N.; AND IT ALSO VIOLATES PRINCIPLE X, WHICH DECLARES THAT THE SIGNATORIES WILL "FULFILL IN GOOD FAITH THEIR OBLIGATIONS UNDER INTERNATIONAL LAW." THE INVASION OF AFGHANISTAN DOES NOT VIOLATE DIRECTLY THE OTHER PRINCIPLES SINCE THEY REFER EXPLICITLY TO THE RELATIONS OF PARTICIPATING STATES WITH EACH OTHER. NEVERTHELESS, THE IMPLICATIONS OF THE SOVIET INVASION OF AN INDEPENDENT, SOVEREIGN AND NON-ALIGNED NATION ARE CLEAR. BY SENDING OVER 100,000 ARMED TROOPS ACROSS THE AFGHANISTAN BORDER, THE SOVIET UNION HAS DONE MUCH TO DESTROY THE KIND OF SECURITY AND COOPERATION WHICH HAS BEEN FOSTERED AND ENCOURAGED BY THE HELSINKI FINAL ACT. THE SPIRIT AND GOALS GENERATED BY THE FINAL ACT SINCE ITS SIGNING ON AUGUST 1, 1975, HAVE BEEN SERIOUSLY UNDERMINED. ONLY BY A COMPLETE WITHDRAWAL OF ITS TROOPS FROM AFGHANISTAN CAN THE SOVIET UNION BEGIN TO RE-ESTABLISH THE FEELINGS OF TRUST AND SECURITY AMONG OTHER SIGNATORIES OF THE FINAL ACT WHICH ARE NECESSARY TO INVIGORATE AND REAFFIRM THE HELSINKI PROCESS. PEACEFUL SETTLEMENT OF DISPUTES PRINCIPLE V DESERVES SEPARATE MENTION FOR IT WAS THE SUBJECT OF A SPECIAL MEETING OF EXPERTS, HELD IN MONTREUX, SWITZERLAND FROM OCTOBER 31 THROUGH DECEMBER 11, 1978. THE MEETING, MANDATED BY THE BELGRADE CONFERENCE AND THE FINAL ACT, WAS ORGANIZED TO PURSUE THE EXAMINATION AND ELABORATION OF A METHOD FOR THE PEACEFUL SETTLEMENT OF DISPUTES. THE MONTREUX MEETING MARKED THE CONTINUATION OF AN EFFORT BEGUN IN THE BASKET I COMMITTEE DURING THE GENEVA PHASE OF THE CSCE NEGOTIATIONS. WHILE NO SUBSTANTIVE PROGRESS TOWARDS A PEACEFUL SETTLEMENT SCHEME WAS MADE AT MONTREUX, THE PARTICIPATING STATES WERE ABLE TO AGREE TO A STATEMENT OF PRINCIPLES SETTING FORTH THE BASIS OF A COMMON APPROACH TO THE PROBLEM. NEGOTIATORS ALSO RECOMMENDED TO THEIR GOVERNMENTS THAT THEY CONSIDER AT THE MADRID REVIEW MEETING THE POSSIBILITY OF CONVENING ANOTHER MEETING OF EXPERTS TO CONTINUE WORK ON THE SUBJECT. EQUAL RIGHTS AND SELF-DETERMINATION OF PEOPLES PRINCIPLE VIII PLEDGES THE CSCE SIGNATORIES TO "RESPECT THE EQUAL RIGHTS OF PEOPLES AND THEIR RIGHT TO SELF-DETERMINATION" AND REAFFIRMS THAT "ALL PEOPLES ALWAYS HAVE THE RIGHT, IN FULL FREEDOM, TO DETERMINE, WHEN AND AS THEY WISH, THEIR EXTERNAL AND INTERNAL POLITICAL STATUS, WITHOUT EXTERNAL INTERFERENCE, AND TO PURSUE AS THEY WISH THEIR POLITICAL, ECONOMIC, SOCIAL, AND CULTURAL DEVELOPMENT." ALTHOUGH THE SOVIET CONSTITUTION ENDORSES THIS PROVISION AND, IN FACT, EVEN GRANTS EACH OF ITS 15 REPUBLICS THE RIGHT TO FREELY SECEDE FROM THE U.S.S.R., SELF-DETERMINATION IN PRACTICE DOES NOT EXIST. WHILE THE INVASION OF AFGHANISTAN IS THE MOST RECENT EXAMPLE OF SOVIET NON-COMPLIANCE WITH PRINCIPLE VIII OF THE FINAL ACT, THE ILLEGAL INCORPORATION AND CONTINUED DOMINATION OF LATVIA, LITHUANIA AND ESTONIA BY THE SOVIET UNION IS PROBABLY THE MOST LONG-STANDING VIOLATION OF THE PRINCIPLE OF SELF-DETERMINATION. THE U.S. GOVERNMENT MAINTAINS THE POLICY OF NON-RECOGNITION OF THE SOVIET ACTION AGAINST THESE THREE NATIONS AND THE COMMISSION ENDORSES THAT POSITION. MANIFESTED BY A RESURGENCE OF APPEALS, OPEN LETTERS AND UNOFFICIAL DOCUMENTS LITHUANIANS, AND ANOTHER WAS ISSUED BY THE ACTION GROUP FOR THE DEFENSE OF THE LITHUANIAN LANGUAGE. NATIONALISTS IN LATVIA AND ESTONIA HAVE ALSO BEEN ACTIVE, AND COOPERATION AMONG DISSIDENTS IN THE THREE STATES HAS EXPANDED. TWO JOINT APPEALS SIGNED BY LATVIAN, LITHUANIAN AND ESTONIAN HUMAN-RIGHTS ACTIVISTS APPEARED IN 1979 AND EARLY 1980. ONE DOCUMENT, ENTITLED A "BALTIC CHARTER" AND RELEASED ON AUGUST 23, 1979, THE ANNIVERSARY OF THE INFAMOUS HITLER-STALIN PACT, WAS SIGNED BY 48 BALTIC DISSIENTS. ANDREI SAKHAROV AND MEMBERS OF THE MOSCOW HELSINKI MONITORING GROUP ISSUED A SUPPORTING STATEMENT ON THAT DAY. IT WAS LATER REPORTED THAT NEARLY 30,000 LITHUANIANS HAD ALSO SIGNED THE BALTIC CHARTER. SOVIET AUTHORITIES HAVE NOT TAKEN KINDLY TO THESE ATTEMPTS TO EXERCISE THE RIGHT OF SELF-DETERMINATION. THE AUTHORS AND SIGNERS OF THESE APPEALS HAVE SUFFERED A WIDE RANGE OF PUNITIVE MEASURES FOR THEIR ACTIVISM. MANY HAVE HAD THEIR HOMES SEARCHED, PERSONAL PAPERS CONFISCATED, SOME HAVE BEEN FIRED FROM THEIR JOB OR DEMOTED, AND MANY HAVE BEEN THREATENED WITH PROSECUTION OR ARRESTED. AMONG THOSE ARRESTED SINCE AUGUST 1979 AND PRESENTLY IMPRISONED ARE ESTONIANS MART NIKLUS AND JURI KUUK AND LITHUANIANS ANTANAS TERLECKAS, JULIUS SASNAUSKAS, VLADAS SAKALYS, ARVYDAS CECHANAVIVIUS AND ALGIRDAS STATKEVICIUS. THE LAST TWO ARE REPORTEDLY BEING HELD IN PSYCHIATRIC HOSPITALS AND KUUK HAS BEEN SUBJECTED TO PSYCHIATRIC TESTING. DENIAL OF THE RIGHT OF SELF-DETERMINATION IS ALSO OF PARAMOUNT CONCERN TO MEMBERS OF OTHER NATIONAL AND ETHNIC GROUPS. UKRAINIANS, ARMENIANS AND GEORGIANS ARE AMONG THOSE WHO ARE PREVENTED FROM EXERCISING THEIR POLITICAL RIGHTS AS WELL AS FROM PURSUING THEIR OWN SOCIAL AND CULTURAL DEVELOPMENT. - - MUCH OF THE HUMAN-RIGHTS ACTIVITY IN UKRAINE RELATES TO NATIONAL RIGHTS AND THEIR REPRESSION. IN THE SUMMER OF 1979, 18 UKRAINIAN POLITICAL PRISONERS INCLUDING SIX FOUNDING MEMBERS OF THE UKRAINIAN HELSINKI MONITORING GROUP SENT A PETITION TO THE UNITED NATIONS CALLING FOR UKRAINE'S POLITICAL STATUS TO BE CONSIDERED BY THE GENERAL ASSEMBLY. MORE RECENTLY IN EARLY 1980 1980 AN APPEAL FROM THE "UKRAINIAN PATRIOTIC FRONT" WAS RECEIVED IN THE WEST. THE DOCUMENT SUPPORTS THE HOLDING OF A POPULAR REFERENDUM IN UKRAINE ON THE QUESTION OF SECESSION FROM THE SOVIET UNION. THAT THE APPEAL WAS UNSIGNED IS EVIDENCE OF THE HARSHNESS WITH WHICH PROPONENTS OF SELF-DETERMINATION ARE DEALT BY SOVIET AUTHORITIES. A SERIES OF RECENT ARRESTS POINT TO CONTINUED NATIONAL FERVOR IN ARMENIA. TWO MEMBERS OF THE NATIONAL UNITED PARTY (NUP) WHICH WAS FOUNDED IN 1966 AND CALLED FOR A U.N. REFERENDUM ON |