YEAR PERIOD SINCE HELSINKI, WITH PARTICULAR EMPHASIS ON THE PAST THE REPORT IS DIVIDED INTO SEVEN CHAPTERS COVERING MAJOR MATERIAL FOR THIS REPORT WAS GLEANED FROM SEVERAL SOURCES. THIS REPORT IS NOT INTENDED TO BE A FULL REPORT OF COM- CHALLENGES IN THE CSCE PROCESS EVEN THOUGH THE HELSINKI SIGNATORIES REGARDED THE FINAL ACT PERIOD SINCE THE LAST REPORT IN AUGUST 1977. DIRECTED BY LAW TO GIVE "PARTICULAR REGARD" TO THE PROVISIONS OF THE FINAL ACT SECTION (BASKET III) ON COOPERATION IN HUMANITARIAN AND OTHER "FURTHER AUTHORIZED AND DIRECTED TO GUIDED BY ITS MANDATE, THE COMMISSION HAS CONCENTRATED ITS ATTENTION IN THIS REPORT PRIMARILY ON THE COMPLIANCE RECORDS OF THE SOVIET UNION AND ITS WARSAW PACT ALLIES WHERE, WITH RARE EXCEPTIONS, THE LEVEL OF IMPLEMENTATION IN MANY AREAS HAS REMAINED APPALLINGLY LOW AND, IN SOME CASES, HAS EVEN REGRESSED. BY COMPARISON, WESTERN CSCE STATES GENERALLY HAVE MAINTAINED RELATIVELY HIGH STANDARDS OF IMPLEMENTATION IN ALL AREAS OF THE FINAL ACT AND, IN PARTICULAR, IN THOSE AREAS SUCH AS HUMAN RIGHTS WHERE THE EASTERN RECORD HAS BEEN MOST DISMAL. THEREFORE, IN EXAMINING THE IMPACT OF THE FINAL ACT ACTIONS REFLECTING COMPLIANCE WITH OR VIOLATION OF ITS ARTICLES - THE COMMISSION, IN THIS REPORT, HAS DIRECTED THE BULK OF ITS RESEARCH TO THOSE AT THE SAME TIME, THE COMMISSION CONTINUES TO BELIEVE THAT THE MOST EFFECTIVE SPUR TO IMPROVED IMPLEMENTATION IS A SERIOUS ON THE CITATION OF CERTAIN CAREFULLY SELECTED POSITIVE ACHIEVE- MENTS, BUT ON AN HONEST EFFORT TO BE RESPONSIVE TO CRITICISM FROM OTHERS BOTH FROM OTHER HELSINKI COUNTRIES AS WELL AS FROM PRIVATE ORGANIZATIONS AND INDIVIDUALS. THE COMMISSION ADOPTED THIS APPROACH IN PREPARING ITS NOVEMBER 1979 REPORT, "FULFILLING OUR PROMISES: THE UNITED STATES AND THE HELSINKI FINAL ACT." THE SAME APPROACH CHARACTERIZES THE UPDATE OF THAT IN PREPARING THIS REPORT, THE COMMISSION HAD THREE AUDI- ENCES IN MIND: FOR THE CSCE REVIEW CONFERENCE IN MADRID, THE YEAR PERIOD SINCE HELSINKI, WITH PARTICULAR EMPHASIS ON THE PAST THREE YEARS; FOR THE U.S. GOVERNMENTAL AGENCIES RESPONSIBLE FOR IMPLEMENTING PROVISIONS OF THE FINAL ACT, THE REPORT WILL PROVIDE A BENCHMARK FOR IMPROVEMENT; AND FOR THE AMERICAN PUBLIC, WHOSE SUPPORT IS ESSENTIAL FOR CONTINUED U.S. PARTICIPATION IN THE CSCE PROCESS, THE REPORT PROVIDES A CURRENT PICTURE OF MAJOR IMPLEMENTATION ACHIEVEMENTS AND SHORTCOMINGS IN THE MOST CRITICAL AREAS THE SOVIET UNION AND EASTERN EUROPE. - THE REPORT IS DIVIDED INTO SEVEN CHAPTERS COVERING MAJOR AREAS OF THE FINAL ACT: INTRODUCTION, SECURITY IN EUROPE, HUMAN RIGHTS, ECONOMIC AND SCIENTIFIC COOPERATION, HUMAN CONTACTS, INFORMATION, AND CULTURAL AND EDUCATIONAL EXCHANGES, AS WELL AS APPENDICES ON U.S. COMPLIANCE AND HUMAN RIGHTS. MATERIAL FOR THIS REPORT WAS GLEANED FROM SEVERAL SOURCES. OVER THE PAST THREE YEARS, THE COMMISSION HAS HELD PUBLIC HEARINGS ON EMIGRATION, EAST-WEST TRADE, FAMILY REUNIFICATION, RELIGIOUS LIBERTY, THE RIGHTS OF SCIENTISTS, THE SOVIET LEGAL SYSTEM AND ITS APPLICATION IN THE CASES OF IMPRISONED HELSINKI MONITORS, THE EXERCISE OF CIVIL AND POLITICAL RIGHTS IN EASTERN EUROPE, THE RIGHT TO CITIZENSHIP IN THE SOVIET UNION, THE CULTURAL AND SOCIAL RIGHTS OF ETHNIC AND NATIONAL GROUPS IN THE U.S.S.R. AND IMPLEMENTATION OF THE HELSINKI ACCORDS. IN ADDITION, COMMISSION STAFF MEMBERS HAVE CONSULTED WITH OFFICIAL AND NON-OFFICIAL GROUPS AND INDIVIDUALS IN A NUMBER OF EUROPEAN COUNTRIES. THE COMMISSION ALSO HAS DRAWN ON ITS CONTACTS WITH A BROAD RANGE OF ORGANIZATIONS AND INDIVIDUALS WITHIN THE UNITED STATES WHICH HAVE AN INTEREST IN MONITORING COMPLIANCE WITH THE FINAL ACT. THIS REPORT IS NOT INTENDED TO BE A FULL REPORT OF COMPLIANCE, BUT TO INDICATE TRENDS AND NEW DEVELOPMENTS. HELSINKI IMPLEMENTATION IS A PROCESS REQUIRING CONTINUING AND SUSTAINED EFFORT BY ALL THE CSCE PARTICIPATING STATES AND THEIR PEOPLES. THIS REPORT SHOULD BE SEEN AS A PART OF THAT PROCESS. CHALLENGES IN THE CSCE PROCESS EVEN THOUGH THE HELSINKI SIGNATORIES REGARDED THE FINAL ACT AS AN IMPORTANT EXTENSION OF DETENTE, THE CSCE PROCESS HAS HAD MIXED RESULTS. MOST SIGNATORIES HAVE GENERALLY COMPLIED WITH CERTAIN PROVISIONS -- SUCH AS MILITARY CONFIDENCE-BUILDING MEASURES (CBMs) - BUT SOME SIGNATORIES HAVE SIGNALLY FAILED TO LIVE UP TO OTHER COMMITMENTS PARTICULARLY HUMAN RIGHTS. THE EFFECT OF THE FINAL ACT CAN ONLY BE AS CONSTRUCTIVE AS THE PARTICIPATING STATES ARE WILLING TO MAKE IT. - IT SEEMS CLEAR THAT FROM THE OUTSET MOST EASTERN CSCE STATES INTENDED TO IGNORE THOSE SECTIONS OF THE FINAL ACT WHICH WERE INCONVENIENT OR EMBARRASSING TO THEM. WHAT THESE WARSAW PACT STATES DID NOT ANTICIPATE WAS THAT VARIOUS PRIVATE GROUPS AND INDIVIDUALS IN THEIR COUNTRIES WOULD COURAGEOUSLY CITE THE FINAL ACT AS A LEGITIMIZATION OF THEIR OWN HUMAN-RIGHTS CONCERNS. THESE PERSONS APPEALED TO THEIR GOVERNMENTS TO HONOR THEIR COMMITMENTS UNDER THE TERMS OF CSCE. THE OFFICIAL GOVERNMENT RESPONSE WAS CHARACTERIZED BY HARSH REPRESSION. IN MANY COUNTRIES, THAT REPRESSION HAS CONTINUED EVEN INTENSIFIED SINCE THE 1977 BELGRADE REVIEW CONFERENCE. - THE DURING THIS YEAR OF HEIGHTENED INTERNATIONAL TENSION USHERED IN BY THE BRUTAL SOVIET INVASION OF AFGHANISTAN COMMISSION CONTINUES TO BELIEVE THAT THE CSCE PROCESS IS A VALUABLE TOOL FOR ADVANCING RESPECT FOR HUMAN RIGHTS SO ESSENTIAL TO ESTABLISHING GENUINE AND LASTING SECURITY IN EUROPE. THE COMMISSION ENDORSES THE CONTINUATION OF THAT PROCESS. THE COMMISSION IS ENCOURAGED BY FORWARD MOVEMENT IN SOME AREAS, DISAPPOINTED BY THE LACK OF BALANCED PROGRESS IN MANY FIELDS, AND APPALLED BY SERIOUS VIOLATIONS IN OTHER AREAS. WHILE THE COMMISSION DOES NOT EXPECT DECADES-OLD HABITS TO BE BROKEN OVERNIGHT, FIVE YEARS IS AMPLE TIME FOR SIGNATORIES TO TAKE GRADUAL, BUT REAL, STEPS TOWARD FULL IMPLEMENTATION OF THE PLEDGES MADE AT HELSINKI. - AS THE SECOND CSCE REVIEW MEETING APPROACHES, THE COMMISSION URGES ALL SIGNATORIES TO UNDERTAKE EFFORTS TO IMPROVE THEIR RECORDS OF COMPLIANCE, PARTICULARLY IN REGARD TO HUMAN RIGHTS. AN IMPORTANT AND SYMBOLIC START WOULD BE THE IMMEDIATE AMNESTY OF ALL PERSONS IMPRISONED OR EXILED PRIMARILY AS A RESULT OF THEIR ADVOCACY OF PROMISES CONTAINED IN THE FINAL ACT THOSE INDIVIDUALS WHO DAILY PAY A HEAVY PRICE FOR THEIR ATTEMPTS TO BRING THE HELSINKI SPIRIT TO LIFE. BY DEMONSTRATING A WILLINGNESS TO ADHERE TO THE PRINCIPLE OF RESPECT FOR HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, THE SIGNATORIES WOULD TAKE A LONG STEP FORWARD IN ASSURING THAT THE CSCE PROCESS COULD BECOME A TRULY POTENT FORCE FOR SECURITY AND COOPERATION IN THE FUTURE. TO A VERY LARGE EXTENT, THE ATMOSPHERE AT MADRID AND THE PROSPECTS FOR ACHIEVING PROGRESS IN SECURITY, TRADE, CULTURAL EXCHANGES AND OTHER AREAS WILL BE DETERMINED BY WHAT THE SOVIET UNION AND ITS EAST EUROPEAN ALLIES DO BETWEEN NOW AND MADRID. IF SOVIET TROOPS ARE STILL IN AFGHANISTAN, IF MEMBERS OF THE HELSINKI MONITORING GROUPS IN THE U.S.S.R. REMAIN IMPRISONED OR IN EXILE, IF SAKHAROV IS STILL BANISHED TO GORKY, IF THE CHARTER '77 ACTIVISTS ARE STILL LANGUISHING IN PRISON, IF RELIGIOUS BELIEVERS CONTINUE TO BE THE VICTIMS OF DISCRIMINATION AND HARASSMENT, IF THE LEGITIMATE CULTURAL DEMANDS OF THOUSANDS WITHIN EASTERN EUROPE CONTINUE TO BE IGNORED, IF THE CIVIL RIGHTS OF THOSE INDIVIDUALS CONTINUE TO BE TRAMPLED, IF DISSIDENTS ARE STILL INCARCERATED IN PSYCHIATRIC HOSPITALS, IF FAMILY MEMBERS ARE STILL FORBIDDEN TO VISIT OR LIVE WITH THEIR RELATIVES ABROAD, IF WESTERN RADIO BROADCASTS ARE STILL JAMMED AND IF LITERATURE CONTINUES TO BE CENSORED, THEN THE UNITED STATES IS MORALLY AND POLITICALLY BOUND TO PROTEST AT MADRID THESE EGREGIOUS VIOLATIONS OF HUMAN LIBERTY IN THE STRONGEST TERMS. SOVIET DEEDS BEFORE THE MEETING, NOT AMERICAN WORDS AT THE MEETING, WILL BE THE MOST IMPORTANT FACTOR IN DETERMINING THE OUTCOME OF THE MADRID CONFERENCE. RECOMMENDATIONS FOR MADRID PERIODIC REVIEW MEETINGS SUCH AS THE ONE SCHEDULED TO BEGIN IN MADRID, SPAIN ON NOVEMBER 11, 1980, ARE THE PRINCIPAL MECHANISMS OF THE CSCE PROCESS BY WHICH EACH OF THE 35 PARTICIPANTS IS EVALUATED FOR ITS IMPLEMENTATION OF THE PROVISIONS OF THE HELSINKI FINAL ACT. AS SUCH, THE MADRID MEETING IS AN INVALUABLE AND UNIQUE FORM OF PRESSURE ON EACH OF THE SIGNATORIES TO IMPROVE ITS IMPLEMENTATION RECORD OR FACE PUBLIC CENSURE FOR CONTINUED SHORTCOMINGS. THE IMPACT OF THIS SANCTION ON THE NATIONAL BEHAVIOR OF THE CSCE PARTICIPANTS VARIES FROM COUNTRY TO COUNTRY, BUT ITS OVERALL EFFECT HAS BEEN MORE POSITIVE THAN NEGATIVE. THE FIRST REVIEW MEETING WAS HELD IN BELGRADE, YUGOSLAVIA FROM OCTOBER 1977 TO MARCH 1978. BECAUSE NO NEW PROPOSALS WERE ADOPTED AT THE MEETING, IT WAS WIDELY REGARDED AS HAVING ENDED IN AN EAST-WEST STALEMATE OVER THE SENSITIVE ISSUE OF HUMAN RIGHTS. THIS ASSESSMENT IS AN OVERSIMPLIFICATION. NEAR THE END OF THE BELGRADE MEETING, IT BECAME CLEAR THAT THE SOVIET UNION AND ITS ALLIES DID NOT DESIRE ANY REAL PROGRESS, BUT INSTEAD WANTED A DISPLAY OF HARMONY AND THE APPEARANCE OF PROGRESS. THE WESTERN COUNTRIES AND MANY NEUTRAL AND NON-ALIGNED NATIONS WERE NOT PREPARED TO AGREE TO EMPTY CALLS FOR PEACE AND FRIENDSHIP WITHOUT RENEWED COMMITMENTS TO FULLY IMPLEMENT THE PROVISIONS OF THE FINAL ACT. SINCE THE BELGRADE CONFERENCE AS ALL CSCE MEETINGS OPERATED UNDER THE RULE OF CONSENSUS, THE END RESULT WAS A TERSE COMMUNIQUE WHICH MERELY NOTED THAT THE MEETING WAS HELD, THAT THE 35 COUNTRIES DISAGREED ON MANY ISSUES AND THAT THEY AGREED TO MEET AGAIN. |