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THE DUTCH LEADERSHIP

OF THE OSCE

HEARING

BEFORE THE

COMMISSION ON SECURITY AND

COOPERATION IN EUROPE

ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION

Printed for the use of the

Commission on Security and Cooperation in Europe

SEPTEMBER 3, 2003

[CSCE 108–1–4]
(ii)

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

EXECUTIVE BRANCH COMMISSIONERS

HOUSE

CHRISTOPHER H. SMITH, New Jersey

Chairman

FRANK R. WOLF, Virginia

JOSEPH R. PITTS, Pennsylvania

ROBERT B. ADERHOLT, Alabama

ANNE M. NORTHUP, Kentucky

BENJAMIN L. CARDIN, Maryland

LOUISE MCINTOSH SLAUGHTER, New York

ALCEE L. HASTINGS, Florida

VACANT

SENATE

BEN NIGHTHORSE CAMPBELL, Colorado

Co-Chairman

SAM BROWNBACK, Kansas

GORDON H. SMITH, Oregon

KAY BAILEY HUTCHISON, Texas

SAXBY CHAMBLISS, Georgia

CHRISTOPHER J. DODD, Connecticut

BOB GRAHAM, Florida

RUSSELL D. FEINGOLD, Wisconsin

HILLARY RODHAM CLINTON, New York

LEGISLATIVE BRANCH COMMISSIONERS

LORNE W. CRANER, Department of State

JACK DYER CROUCH II, Department of Defense

WILLIAM HENRY LASH III, Department of Commerce
(iii)

THE DUTCH LEADERSHIP

OF THE OSCE

SEPTEMBER 3, 2003

COMMISSIONERS

PAGE

Hon. Joseph R. Pitts, Commissioner, Commission on Security and

Cooperation in Europe .........................................................................................1

Hon. Christopher H. Smith, Chairman, Commission on Security

and Cooperation in Europe .................................................................................6

Hon. Alcee L. Hastings, Commissioner, Commission on Security

and Cooperation in Europe .................................................................................8

WITNESSES

Hon. Jaap de Hoop Scheffer, Chairman-in-Office of the OSCE,

Foreign Minister of The Netherlands ...............................................................1

APPENDICES

Prepared Statement of Hon. Christopher H. Smith.........................................15

Prepared Statement of Hon. Ben Nighthorse Campbell, Co-Chairman,

Commission on Security and Cooperation in Europe .................................17

Prepared Statement of Hon. Benjamin L. Cardin, Ranking Member,

Commission on Security and Cooperation in Europe .................................19

Letter to Hon. Jaap de Hoop Scheffer from Hon. Christopher H. Smith

and Hon. Ben Nighthorse Campbell, dated May 23, 2003, and

Min. de Hoop Scheffer’s Response ...................................................................21
THE DUTCH LEADERSHIP OF THE OSCE

SEPTEMBER 3, 2003

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

WASHINGTON, DC

The Commission met in Room 562, Dirksen Senate Office Building,

Washington, DC, at 3:15 p.m., Hon. Joseph R. Pitts, Commissioner,

presiding.

Commissioners present: Hon. Christopher H. Smith, Chairman, Commission on Security and Cooperation in Europe; Hon. Joseph R. Pitts,

Commissioner, Commission on Security and Cooperation in Europe; and

Hon. Alcee L. Hastings, Commissioner, Commission on Security and

Cooperation in Europe.

Witness present: Jaap de Hoop Scheffer, Foreign Minister of The

Netherlands.

HON. JOSEPH R. PITTS, COMMISSIONER, COMMISSION ON

SECURITY AND COOPERATION IN EUROPE

Mr. PITTS. Ladies and gentlemen, in the interest of saving time, we

will go ahead and begin the hearing. I am Congressman Joe Pitts. Congressman Hastings and I will start the hearing. The Chairman is on

his way.

We warmly welcome the Foreign Minister of The Netherlands, His

Excellency Jaap de Hoop Scheffer, Chairman-in-Office of the OSCE in

Europe. It is a pleasure to have you here with us today. We thank you

for your leadership. I also want to thank you and your government for

your warm hospitality during the 12th annual session of the OSCE

Parliamentary Assembly held in Rotterdam last July. Your participation in that meeting was greatly appreciated, and we look forward to

the insights that the Foreign Minister serving in the OSCE’s most senior political position can bring us today.

So I will submit the Chairman’s remarks for the record.

At this time, Mr. Minister, we will turn to your testimony. Welcome.

HON. JAAP DE HOOP SCHEFFER, CHAIRMAN-IN-OFFICE OF

THE OSCE, FOREIGN MINISTER OF THE NETHERLANDS

Min. DE HOOP SCHEFFER. Thank you very much, indeed, Your Excellencies, ladies and gentlemen. It is a great honor to be here and to

have this opportunity to address the Helsinki Commission. Its members are also opinion-formers in the OSCE community and I know I

spoke to some of you, in Vienna, and lastly in Rotterdam on July 5 at

the Parliamentary Assembly of the OSCE. May I commend you for the

important work done there.
2

As we meet, just over two-thirds of the term of the Dutch Chairmanship of the OSCE lies behind us. A great deal of work is still ahead, and

I fully realize that as the Chairman-in-Office I should be modest in

appraising the past eight months. Nevertheless, let me highlight a few

topics with which we are currently dealing. Nevertheless, first let me

stress that the talks on the OSCE I have had in the last few days in

Washington with representatives of your government have encouraged

me to go full steam ahead in the coming months.

As I come to the thematic issues, given the profound changes in the

international security landscape and the emergence of new threats, the

Maastricht Ministerial Meeting in early December will be important in

setting the agenda for the future of the OSCE. We shall be discussing

threats to security and stability in the twenty-first century, knowing

that we can only see a few years into the future. So we are grateful to

Washington—it was your initiative—for the new mechanism of the

Annual Security Review Conference.

This conference will allow us to review progress in this field at regular intervals. The potential is there. The first conference proved to be a

valuable way of talking about and evaluating security-related OSCE

matters. But there is room for further improvement. I would suggest

that future meetings be held on the basis of prepared reports surveying

the security situation in the OSCE-area.

Now, Mr. Chairman, the new threats confronting the OSCE area are

both dynamic and complex. In the last few years, we have come face-toface with unprecedented challenges and threats to our security. The

most obvious of these is terrorism, a threat that has become highly

visible since September 11, just as more recent attacks also made a

deep impression on us all. The fight against terrorism is, and it should

be, a top priority on our agenda.

The Bucharest Plan of Action and the follow-up Bishkek Conference

have helped the participating States to address the threat of terrorism

both within and in cooperation with the United Nations. A series of

high-level conferences is taking place this month in Lisbon, New York

and The Hague to keep us focused and to prevent complacency. They

will all help us to combat terrorism with vigor.

Apart from terrorism, there are other major threats, perhaps less

visible and more surreptitious, such as organized crime, trafficking,

and illegal migration. The OSCE should also be concerned about undemocratic responses to these new threats, responses such as intolerance, xenophobia, anti-Semitism, or curtailment of democratic and human rights. Such responses also pose a challenge to human security

and undermine the open character of society. Both the threats and the

responses directly affect the security situation within and between nations and peoples.

The OSCE’s history and mandate place it in a very good position to

come up with remedies. The discussion on the threats will culminate in

a new strategy to be adopted at the Maastricht Ministerial Meeting. We

need to go beyond the repertoire of military action and policing as responses to security problems, and the OSCE can provide an impetus to

this effort. No sustainable conflict resolution, let alone peace, can be

achieved without due regard for human rights and democratization, for

economic and environmental development, and without due regard for
3

the rule of law. These new political realities and the responses to the

new threats are the main elements in repositioning the OSCE in the

new international security landscape.

Mr. Chairman, combating trafficking has been an ongoing priority of

the Dutch Chairmanship. Just before the summer the OSCE adopted

an Action Plan to combat trafficking in human beings. At the Economic

Forum in Prague, last May, I put forward a proposal for a special mechanism to strengthen the campaign in the OSCE against trafficking. The

main intention is to keep the battle against trafficking in human beings on the political agenda in the coming years. The idea is that the

person who will personify the mechanism should encourage and assist

OSCE countries to tackle trafficking, whether they are countries of origin, transfer or countries of destination.

I also intend to make it possible to send out roving missions of experts

to assist countries in the fight against trafficking and to call them to

task if and when necessary. The mechanism should draw on the expertise and experience of the various OSCE institutions involved in the

campaign against trafficking, first and foremost Office for Democratic

Institutions and Human Rights [ODIHR] and OSCE missions. The

mechanism should also play a key role in monitoring progress made by

the participating States with the implementation of the OSCE Action

Plan to combat trafficking. Against this background, I feel sure that

the organization will be able to make an active, solid contribution to the

fight.

Mr. Chairman, we strive to keep the human dimension high on the

agenda. This year, our theme is tolerance and nondiscrimination. Within

this area, we have selected three topics for a discussion at the Human

Dimension Implementation Meeting, due to be held in Warsaw in October. One, prevention of discrimination, racism, xenophobia and

anti-Semitism; two, national minorities; and three, migrant workers.

Let me also mention the Supplementary Human Dimension Meeting

on Roma and Sinti held in April. The attendance of NGOs was high and

their contributions constructive. This helped enormously to make the

meeting a success. We hope that the OSCE will adopt the Roma and

Sinti Action Plan at the Ministerial Meeting in Maastricht.

The Anti-Semitism Conference held June 19–20 in Vienna made headlines. This special conference has helped to raise awareness of the need

to fight anti-Semitism. Tomorrow and the day after, other forms of intolerance will be the focus of a conference on discrimination, racism,

and xenophobia, also in Vienna. Still ahead of us is the Seminar on

Human Rights and Combating Terrorism organized by The Netherlands Helsinki Committee, to be held in The Hague later this month.

The results of all these conferences will be discussed further at the

Human Dimension Implementation Meeting and will, no doubt, be on

the agenda for the Maastricht Ministerial Meeting. Each subject I have

mentioned is important in its own right, and they are relevant to all of

the participating States, both east and west of Vienna.

Mr. Chairman, let me highlight a few regional issues that deserve

our special attention. First, Moldova: the Dutch Chair attaches great

importance to bringing the Moldova-Transdniestria conflict closer to a

solution. We are prepared to redouble our efforts over the next few

months. In essence, there are three issues: one, the political process to

come to a settlement; two, the withdrawal of Russian military equipment; and three, preparations for the post-settlement phase.
4

Our efforts are primarily aimed at reaching a political settlement

between the two parties. Now, it is essential for Moscow to fulfill the

commitments it made in Istanbul and Porto, and transport its weapons, ammunition and other military equipment back to the Russian

Federation before the end of the year.

Meanwhile, to prepare for the post-settlement situation, the Chair

continues to work on a peace consolidation mission for Moldova. The

two parties are proceeding on the understanding that a peacekeeping

operation may be in place during the transitional period. We are currently consulting on this issue. The Chairmanship assumes that the

peace consolidation mission will be multinational, composed of troops

from participating States. It must, of course, be acceptable to both parties. Given the proximity of Moldova to the new geography of the European Union, I consider EU participation of key importance.

I have also asked your authorities to raise Moldova in their contacts

with Moscow. We firmly believe that the United States of America’s

continued commitment and assistance are crucial in bringing about

progress in solving this conflict.

On Chechnya, in spite of the good work of the Assistance Group for

Chechnya, Moscow ended the negotiations on the renewal of its mandates, effectively closing it down. Since then, we have been striving to

find a new form of cooperation on Chechnya between the OSCE and the

Russian Federation. After negotiations in Moscow we agreed to work on

a three-dimensional program, which should bring tangible benefits to

the population at large, while also reflecting the core values of the OSCE.

Human rights are part and parcel of these core values. The program

is to include activities related to the electoral process, good governance,

the judiciary and public order, the promotion of economic and social

developments, including the reintegration of internally displaced persons, and media development.

However, the ongoing violence in the area and political intransigence

make an already complicated issue even more difficult. This makes an

early implementation of meaningful activities on the ground very much

uncertain. Yet I believe that the Russian Federation and the OSCE

have a common interest in defining such a program, as the human and

material costs to the Russian Federation of the conflict in the Chechen

Republic are immense and the suffering going with that.

On Central Asia, Central Asia needs extra attention from the OSCE

because the social transformation that began after the collapse of the

Soviet Union is threatening to stagnate. To emphasize the priority that

The Netherlands Chairmanship is giving to Central Asia, I visited the

five Central Asian countries earlier this year. We set aside more resources for Central Asia in the 2003 budget than in 2002. We intend to

continue this trend next year. As a further token to my commitment to

the region I appointed Mr. Martti Ahtisaari, the former President of

Finland, as my personal envoy for Central Asia, who also engages in

useful discussions at the highest levels and plans to visit Central Asian

countries again this autumn.

Mr. Chairman, the primary emphasis of the OSCE’s involvement is

on strengthening the rule of law and respect for human rights. Our

attention is also focused on the various forms of trafficking, on security,

of course including the fight against terrorism, and on economic transition. The fight against terrorism is a key concern in all five countries.

However, the authorities vary in their responses to pleas for greater
5

respect for human and democratic rights. We are endeavoring to use

our influence to raise human rights standards, contribute to due process and the rule of law, and to raise individual cases of human rights

violations with the authorities. I have done so in all countries I visited

just before the summer break.

On Georgia, we are deeply involved in various activities in Georgia,

such as border monitoring, the border between Georgia and the Russian Federation, monitoring human rights practice and democratization and good governance. Following the visit of former Secretary of

State James Baker, we are assisting in the selection procedure for the

chairman of the Central Election Commission. Generally, we intend to

invest massively in the observation of the election process. The upcoming elections, to be conducted in a free and fair manner, are crucial for

the future of Georgia.

In conclusion, Mr. Chairman, distinguished Members—

multilateralism at work: of the numerous themes and regional issues

that concern the OSCE, I have only touched upon the main ones. There

is so much going on in the organization that I would describe it as

multilateralism at work. The role of the United States continues to be

essential to making the OSCE work. That is one reason that, with full

candor, I have shared my impressions, convictions and intentions for

the coming period with you, as I have done with the representative of

the U.S. administration I have the opportunity to talk to over the past

48 hours.

I have also talked to you in the firm conviction that it will take a joint

effort by all of us to make this organization work. This is a matter not

only for ministers and diplomats, but also for the OSCE institutions

and the missions, for Parliamentarians and, last but not least, for civil

society, for academics and think tanks, for other international organizations and NGOs.

In short, it takes a joint effort by the entire OSCE community to

make this organization work. Without civil society and without NGOs

the Helsinki process would never have got under way in the first place.

The Dutch Chair is involving others as much as possible. For example,

we had a fruitful exchange of opinions with international NGOs last

May. We have given NGOs an active role in many an OSCE meeting.

We need their insights, signals and cooperation. NGOs will also be invited to attend the Maastricht Ministerial. Of course, when I mention

the institutions of the OSCE, let me also mention with respect, the very

important work done by the OSCE’s Parliamentary Assembly and the

leadership of its President Bruce George and its vice presidents.

In preparing for Maastricht Ministerial Meeting, Mr. Chairman, we

are working toward the adoption of several important strategy documents and action plans. I have already mentioned the new strategy

based on the threats discussion and the Action Plan to combat trafficking in human beings. The strategy document for the economic and environmental dimension is being negotiated in Vienna, as are reviews of

the performance of field missions and of the OSCE’s peacekeeping capacity. Essential decisions on these and other issues still have to be

taken.
6

For our part, the Chairmanship would like to be judged by its success

in leading this organization into new, concrete forms of action. Common OSCE values and principles unite us. Those common values and

principles need to be given new life every day across all three OSCE

dimensions so as to bring human security to all in the OSCE area.

Thank you very much for your attention.

HON. CHRISTOPHER H. SMITH, CHAIRMAN, COMMISSION ON

SECURITY AND COOPERATION IN EUROPE

Mr. SMITH. Mr. Foreign Minister, thank you very much for your

very comprehensive statement to the U.S. Helsinki Commission today.

However, more importantly, thank you for the work you have done as

the Chair-in-Office. It is very laudable. You have had a very comprehensive and aggressive action plan. I would like to pay particular attention and thank you for your work in terms of your trafficking document

that was agreed to by the Permanent Council. I think it is a very realistic action plan. Having read it, I think it really adds to the common

effort that we all need to take with regards to this modern-day slavery.

I would like to ask you a question relative to that because you have

covered just about everything in this action plan. Still, I think we all

missed one area to some extent—that includes the United States—and

that is the extent to which any of our militaries, whether they are acting in tandem with a peacekeeping mandate, or perhaps on their own

as a deployment, for example, the U.S. deployment in South Korea.

About a year ago, we become aware of many trafficked women, mostly

from the Philippines and Russia, who are in South Korea and, regrettably, were being subjected to forced prostitution. I asked, and I was backed

in that effort by approximately 14 members of the House, and the Senate in the Helsinki Commission, even though it is out of our bounds,

took it on as an action out of our own to ask that the U.S. military

investigate and cease and desist that kind of complicity however unwitting it may have been with these women who have been forced into

prostitution.

The result has been that the DOD’s inspector general has been very

serious in not only identifying this problem, but also making recommendations for action. General LaPorte, who is our supreme allied commander in South Korea, has acted very proactively as a result of being

made aware of this and much has been done to train, to enlighten, to

impose sanctions on those who cross that line in South Korea. That

effort now goes into Bosnia and the former Yugoslavia where we also

have peacekeeping deployments to ensure that we are not involved wittingly or unwittingly in trafficking there as well.

 I would ask you if you might support an effort, since we have worked

together on so many peacekeeping deployments, to be more aggressive

in including our military peacekeeping deployments going forward?

Just as an example, one concrete effort that has resulted with the

South Koreans: there was this little fiction called an entertainment

visa that the South Korean Government was giving to these women to

facilitate their passage into South Korea. It was nothing but a ruse.

These women were being trafficked. This visa was given out to facilitate that trafficking. That is gone in South Korea. The U.S. military

has put more than 660 facilities, places of entertainment, houses of

prostitution that now are seen for what they are, off limits to U.S. mili-
7

tary as a direct result of this investigation. I would ask you if we could,

going forward, again, building on the great work of your action plan,

embrace a more aggressive effort vis-a-vis our militaries?

Min. DE HOOP SCHEFFER. Mr. Chairman, I could only say that I

entirely support what you have said. May I say we have only seen the

beginning in making this a central theme this year and it should not

only be this year. I have already discussed this with my Bulgarian

colleague, Solomon Passy, who hopefully will be here next year and who

will be in the chair of the OSCE. We have only seen the beginning of

fighting this completely unacceptable form of twenty-first century slavery. It happens everywhere. I think what you have just said is a very

useful addition, and I think that, first, the OSCE, and I as chair, am

fully aware that we have to work with others, that we have to work on

perhaps developing similar guidelines for international organizations

as we have seen, and you have seen in the action plan, guidelines for

national military and other organizations.

I think the OSCE could very much profit from the work you just

described being done by the U.S. military. It is setting an example of

what cannot be tolerated. I have understood, Mr. Chairman, that also

NATO has taken up this point recently based on a report from the U.S.

Ambassador to Moldova. So, it is generating awareness, going on as if

the Parliamentary Assembly, as I have done, as the OSCE has done

that this is unacceptable. Last, but not least, may I add that we should

also scrutinize legislation in our own countries—including mine—because if we consider this a problem coming from the country of origin,

transfer and destination. As I said in Rotterdam—and some of you were

there—where do these modern slaves end up? They end up—to talk

about my part of the world—in the red light districts, also in Amsterdam

and Rotterdam and in other European cities as the example you mentioned for Korea.

So, it should be, Mr. Chairman, a combined fight. NATO has taken it

up. We can profit and learn from the experience of the U.S. military.

We have only seen the beginning. I am very ready and willing to develop similar guidelines for other international organizations and pick

this point up because what is happening is unacceptable, and here the

OSCE has a special role to play.

Mr. SMITH. I appreciate that. We will get you a full copy of the inspector general’s recommendations, which is an ongoing investigation that

he has undertaken. It is a very serious one and President Bush, has

already cited in his comments a zero tolerance policy as well. So, I think

the more we all act in tandem—and I also think that ought to expand or

be included among those that we are concerned would be our police

deployments. We know for a fact because this Commission has held

hearings on it. We did it in the last Congress that there was a real

problem with Americans who were under DynCorps who were sent to

act in police functions only to find that they too were complicit.

I have introduced a bill. It is a comprehensive addition to the bill that

we enacted in the year 2000 and I was the prime sponsor of that and

followed ever since on trafficking. We missed a lot in our earlier legislation that we have only learned from—and one lesson is the fact that we

need to have a real sanction against those who are involved in the policing side as well, something that I hope that you will also take a thorough look at.
8

I have a number of questions. However, I know that your time is very

limited, so I will just jump to the issue, if I could, on anti-Semitism,

because we were all there together at that most recent meeting led by

Rudy Giuliani, and Mr. Hastings was there as well. You mentioned it

made headlines and it certainly did, very good headlines, that we will

not allow anti-Semitism to continue to rear its ugly head in any of our

societies. As you know, the Germans made a recommendation that they

would like to see a Berlin Conference. I thought, if you would, give your

feeling on the preparations to make that a reality.

Min. DE HOOP SCHEFFER. Well, let me first say, Mr. Chairman, that

I, as Chair, have seen to it, putting my weight behind it, that this very

successful conference could be held in Vienna, but I agree with you that

it could not be the end of the debate. Having visited with my prime

minister the Holocaust Memorial Museum this morning, having seen

that, you need not have any other argument to go on fighting

anti-Semitism. I support, and we have supported and we have welcomed

Germany’s offer to host a follow-up conference on anti-Semitism in Berlin in 2004, building, let us say, on the positive results of the Vienna

conference. So, I am with you in this respect. I have mentioned many

other forms of racism, xenophobia and anti-Semitism coming back and

that is unacceptable. Rest assured that it also will be a topic,

anti-Semitism, in the Human Dimensions Implementation Meeting I

mentioned in Warsaw. I will go there myself. I will address that meeting. You may rest assured that the theme certainly will come back

there.

Mr. SMITH. I appreciate that.

Commissioner Hastings?

HON. ALCEE L. HASTINGS, COMMISSIONER, COMMISSION ON

SECURITY AND COOPERATION IN EUROPE

Mr. HASTINGS. Thank you very much, Mr. Chairman.

Mr. Foreign Minister, it is good to see you. As I indicated earlier, I

welcome you here. It was good to see you in Vienna as well as in

Rotterdam. I will join the Chairman and all of us in welcoming you. We

appreciate having the opportunity, obviously, to discuss with you many

critical issues. Time is, of course, a factor. I also want to thank you for

your hospitality and your participation in the annual meeting of the

OSCE Parliamentary Assembly in Rotterdam in July. In my view, as

president of the Assembly, vice president of the Assembly, it is essential

that we work together. That was not a faux-pas, I do intend to run for

president of the Assembly. I do not know whether you are aware of that.

But, I have let it pretty much be widely known.

Following up on Chairman Smith’s comment, if I hear you correctly,

while racism and xenophobia are topics that are going to be addressed

in Warsaw, the Maastricht meeting that many of us plan to attend, I

certainly do, would be a good stage for us to follow up on the German

invitation with reference to a follow-up conference. As you know, there

is very strong sentiment that comes in large measure from a variety of

the delegations I recognize that some do not favor a separate conference. However, I hope we have your reassurance that will be the case

and that we will follow up in Berlin. I just want to go on record supporting that, Mr. Foreign Minister.
9

Mr. Foreign Minister, I have a variety of questions. Our chairman of

the Parliamentary Assembly spoke today and he talks in terms of defining objectives in a changing Europe. The world is changing. You have

now had an extraordinary experience as Chair-in-Office of what, in the

last twenty years, have emerged as one of the most highly visible and

active organizations and trying to create stability in Europe. With that

experience of a year, recognizing that your colleague from Bulgaria will

follow you, I just wonder and there is an additional preface to this, I am

an opponent of term limits. I think it does serious detriment in international relations.

For example, you visited Central Asia and established and solidified

your fine work in that area. You recognize, of course, as I am sure your

Bulgarian colleague and your predecessor did, that there is much work

to be done there. Would it not seem more sensible if you had two years

rather than one? I am not talking about you, because your term will be

over, but in the rotation of the chair, I recognize that as a part of the

structure, but would not it make a little more sense to have two or

three years for the Chairman-in- office to really be able to solidify his or

her views with reference to stability in Europe? I am just curious about

your answer to that. Then I have a more pertinent question as it pertains to the Parliamentary Assembly after you have been so kind as to

address it. Thank you, sir.

Min. DE HOOP SCHEFFER. Mr. Chairman, let me first tell Mr.

Hastings that I am entirely with him on the separate conference on

anti- Semitism. We had a separate conference. We will have another

separate conference probably in Berlin. Again, we cannot be outspoken

enough and careful enough to defend the values we stand for. The OSCE

is a value-based organization. Those values have to have their red lines

we should never cross, which from time to time, may I be quite open

and frank with you, of course, cause the chair difficulties because when

it comes to some countries in Central Asia, without naming them, I

have had to make very strong interventions on the values of the OSCE.

However, since the OSCE is the only organization those countries are

involved in, it is up to this organization to tell them what those values

are and that was not always easy. I can say. However, on anti-Semitism,

I am with you.

On your second point, may I first say without complaining, because it

is a very challenging and tremendously interesting responsibility being

the Chair-in-Office. On the other hand, it is also a tremendous job, and

a burden for a country, let me be open and frank, who occupies the

chair. I am not talking about the Chairman-in-Office personally, but

you need a good staff around you, which I have in Ambassador Everts in

The Hague and in Ambassador De Visser in Vienna. Nevertheless, we

were able to strengthen our delegation and in The Hague and in Vienna. So, it is an intensive effort to make. You have to travel and we

have tried to blow some new life into the Troika formula. We have had

the Troika with my colleague from Portugal, with my colleague Solomon

Passy from Bulgaria who is going to take over and who has acknowledged the priorities, the Dutch Chair has said this year with the approval of the Permanent Council. I have also noticed that the priorities

of the Parliamentary Assembly focus, in fact, on many of the same

issues and Parliamentary Assembly and Permanent Council and Chair

can strengthen each other here.
10

You must realize that it is also, and it is not the Dutchman again

talking about money, but it is a huge financial burden, a huge financial

burden.

So, I think it will be a bit complicated, for the reasons I have given to

you, to go to a two-year term. However, at the same time, I say that we

have to make full use of the Troika formula. We have done that this

year, I think also, with the appointment of special representatives, the

Office of the Secretary General. You have some forms of continuity in

the organization, which, looking back on my eight months experience, I

consider sufficient.

Mr. HASTINGS I would like to follow up, with your permission, and go

to the heart of a concern that I have, Mr. Foreign Minister, and I know

that you are aware that the OSCE Parliamentary Assembly has been

very active in election monitoring and mission support. In the past two

years the assembly has sought to engage the leadership of the OSCE, as

well as the Permanent Council in order to further support the work of

the OSCE. As has been the tradition, will the Parliamentary Assembly

participate in the upcoming Ministerial Meeting in Maastricht and will

the Assembly’s contributions to the OSCE be recognized in the final

document?

I would really like your view on what could be done to strengthen the

working relationship between the OSCE and its Parliamentary Assembly. I also know that I do not know as much as you do and others about

the issues. However, I was very proud when we appointed our ambassador and I, along with Chairman Smith and others, were very hopeful

that significant breakthroughs would take place in the relationship between OSCE and the Parliamentary Assembly. I certainly believe that

you have done what you can to make Andreas Northelle comfortable.

But I am not certain that that is true in each instance with your colleagues without mentioning anybody. It is problematical for those of us

in the Parliamentary Assembly. I do not raise it as a stink. It is a fact,

and your reaction if you will.

That will be all I have, Mr. Chairman.

Min. DE HOOP SCHEFFER. Thank you very much. When I came in I

immediately realized that there was some work to be done, to put it

mildly, in the relationship between the OSCE as an organization and

the Parliamentary Assembly. I needed not to be convinced that work

was to be done, having been a member of parliament for 16 years in my

own country, and knowing something about Parliamentary assemblies,

having been a member of the WEU Parliamentary Assembly, having

been a member of the NATO Parliamentary Assembly. So, I know how

relevant and important parliamentary assemblies are. But there was

work to be done.

We have done it I think. First, you mentioned it yourself, of course,

the liaison office. The second important point full accesses to OSCE

meetings. I have consulted several times with my friend Bruce George,

the President of the Parliamentary Assembly, to make this happen.

The third important point the President of the Parliamentary Assembly plays an important role and, of course, has a permanent seat in our

troika meetings. I have chaired two of them. On both meetings President George has played a very important role.

So, I consider, but no surprise with my background, the Parliamentary Assembly as an essential body of the OSCE and any suggestions,

Mr. Hastings, any suggestions of further improving that cooperation
11

are very welcome. This is again something I have discussed and I will

discuss with my colleague Solomon Passy so as to create and generate

the continuity you so rightfully stressed in the different chairs. So, I

think the liaison office, access to meetings, the troika formula are three

important elements of a relationship, which I stress again needed improvement because it was not a good situation that I found when I came

in.

Mr. HASTINGS. Mr. Chairman, with your permission, I will submit

in writing to the Foreign Minister, a couple of suggestions that I do

have.

Thank you.

Mr. SMITH. Thank you.

Commissioner Pitts?

Mr. PITTS. Thank you, Mr. Chairman.

Again, thank you, Mr. Foreign Minister, for your testimony and presence here and your leadership at the OSCE. Regarding human rights in

Central Asia, I notice you have visited each country there, but the levels of human rights observance in Central Asia differ from country to

country. Authoritarian rule seems characteristic of the entire region.

My question is how do we get these regimes to take seriously their

OSCE commitments? For example, in Azerbaijan, which is clearly heading toward a family dynasty, are you concerned that the Central Asian

presidents will try to orchestrate a similar kind of succession? What

can the OSCE do to help avert this danger?

Min. DE HOOP SCHEFFER. Thank you very much. Indeed, as I said

already in my statement, my visit to the five countries I mentioned,

Central Asian countries, has opened my eyes to the fact that a lot needs

to be wished for and realized before we could say that the common values I spoke about are part and parcel of the system of these countries.

Let us say the structural problems are challenges of these five Central

Asian states in transition, and I stress the word still in transition, are

very similar, although, as you know, Mr. Pitts, there are differences as

to the level of progress made over the past years in each of these countries.

Now, the primary emphasis of the OSCE’s involvement in those countries is on strengthening the rule of law and respect for democratic and

human rights. May I mention the importance of the missions we have

in those countries? The missions are the eyes and the ears of the organization. I had the opportunity in every country I visited, even in Turkmenistan, to speak to NGOs, NGOs that have a difficult and sometimes

awful life in those countries. In Turkmenistan these representatives of

the NGOs who were so bold as to come to the meeting I had with them,

are really in danger of being harassed or worse.

I mentioned the important points, rule of law, human rights in all

the countries. We have the Moscow Mechanism, as you know in the

OSCE, the Moscow Mechanism was invoked against Turkmenistan.

Turkmenistan refused to cooperate on Mr. Emmanuel DeCaux’s report

on the—may I say—very serious situation of human rights in Turkmenistan. I was one of the few foreign politicians and leaders even to

talk with Turkmenbashi, the President of Turkmenistan. I still think

it is important to do so because in isolation, without integration into

what we call the Euro-Atlantic structures, leaving those countries all

by themselves, I think we will not see improvement in the situation.

So, the very narrow path we have to walk, and I read in your question
12

between the lines, justified criticism on: What about human values?

What about human rights? Why are they members of OSCE? How can

we say what we stand for? Still I think, Mr. Chairman, it is of the

utmost importance to keep the lines of dialogue open.

I know from the NGOs in Turkmenistan how glad they were, how

satisfied they were that I had been there, not I in person, but as chair of

the OSCE. The mission in Turkmenistan—how difficult it is—will monitor these people. When I came there they picked some people up because

they did not want those people to see me and to meet me. They were

released as soon as my plane had taken off. There is a lot to be observed,

but the missions are the eyes and ears. I have spoken to all the presidents. Those conversations were not easy. They were not easy because

they are still in transition. Some are better than others. But I think one

core element of the business of this organization, the niche in which the

organization has to find its path and its strength, is to keep them in the

organization even if, in the case of Turkmenistan, they refuse to cooperate with the Moscow Mechanism.

The alternative would be, Mr. Pitts, to say we will kick them out.

Would that improve the fate of the people in jails in Uzbekistan or in

Turkmenistan? I do not think so, but it is the perpetual moral dilemma

we have I think the answer of the OSCE should be constant pressure,

constant pressure, that is why President Ahtisaari visits the region

frequently. He will go there, frapper toujours, as the French say, in

close cooperation and collaboration, for instance, with your administration on these matters. Your administration who is also active in those

countries for various reasons because we have trafficking routes, we

have creators of terrorism in the region.

May I mention one example, the Ferghana Valley? The Ferghana

Valley is a cradle for terrorism but we have to speak to them and we

have to do everything we can to see that we do not see another cradle of

terrorism in that area, that we do not, by a lack of attention, see in five

or 10 years from now minority problems coming up in those regions.

So, in brief, and I apologize for this long answer, I think there is a

very important role to play for the OSCE, provided that—coming back

to Mr. Hastings—provided that the priorities set by the Dutch Chair

will have their follow-up in the next years. Because if they do not see a

CIO again, they say, oh, this was a one-time affair. We cannot go on in

our self-chosen isolation. They should not have that chance.

Mr. PITTS. If I could just follow up, Mr. Chairman, a little bit on that.

You stressed the importance of the missions and the constant pressure and the importance of engagement. With respect to Turkmenistan

and the report and implementing the recommendations of the report,

particularly international access to prisoners, have you taken any steps

to press for that? Are there other steps that we could join you in advocating in a proper way to increase the pressure that you mentioned?

Min. DE HOOP SCHEFFER. I have done so, Mr. Chairman, I have

done so in my conversations with the President of Turkmenistan. I

have done so in my conversation with the Foreign Minister of Turkmenistan. I have made it a point more specifically that there are many

prisoners who even are not allowed to have visits of their beloved ones

and their family. I have made a strong plea for exit visas, because you

know there is a major problem with exit visas. I have mentioned the

cases of Berdiev to the Foreign Minister of his predecessor. It is a dangerous job to be foreign minister in Turkmenistan.
13

The flaw we have in the Moscow Mechanism is that at a certain stage

it ends. There should, in my opinion, be a more ... how shall I say this,

a stronger follow-up to the Moscow Mechanism so as to at least do our

utmost in the OSCE to tell them that we mean serious business. You

saw here that the report was made. Turkmenistan’s finally refused to

appoint their officer, which they have the right to in the Moscow Mechanism. So we had the report by Mr. Decaux which was discussed in the

Permanent Council, and that was it. They rejected the report. I am

looking for a sort of more permanent mechanism because a CIO cannot

go to Turkmenistan every month, not even every other month. So, that

is what I think what we should discuss. That might be a point for the

Parliamentary Assembly to pick up.

What to do in these cases? Short of saying we refuse them entry in

the OSCE, because as I tried to make clear, Mr. Chairman, that is, in

my opinion, not the ideal option.

Mr. SMITH. I know you are running out of time. Let me ask very

briefly a couple of questions. As you know we had a big fight on Belarus

whether or not they would be readmitted. There were four criteria that

were established. They did not meet a single one of them. But the Parliamentary Assembly nevertheless voted to reintegrate or reseat the

delegation. True to form they really behaved very badly. They obstructed,

ended up walking out early even in a meeting that we were supposed to

have in a dialogue they did not show up. Everybody was there except for

the Belarusian delegation. How do you assess the mission? I would just

ask another question on Kosovo if you have got the time, missing person and Ambassador Everts certainly is an expert in this area as well

and has testified before the Commission on this.

But we have recently met with several families who are still looking

in Kosovo, mostly Serbians, but there are others of different nationalities who are missing and they cannot get to the bottom of their missing

loved one, wife, husband, a son or daughter, many of them are military

people who are missing. What is the OSCE doing on that? Again, I

think just for the record, we have heard that the Turkmen opposition

sources that told us that Batyr Berdiev, the former Turkmen Ambassador to the OSCE has died in prison. So, if that is true, that is obviously

very bad news. But, if you could on the Belarusian situation and missing persons as quickly—because I know you have a plane to catch.

Min. DE HOOP SCHEFFER. We will certainly determine on the case of

Berdiev, we will certainly follow that up. That is information that is

very useful to me. I did not know that. Kosovo more in general, I visited

Kosovo. For reasons of time, I cannot dwell upon the whole debate about

its standards before status.

On Belarus, I would like to say that I remain very critical, very critical. You know that apart from what you mentioned, actions against the

independent media are a source of great concern to me. On my instructions, the head of the office in Minsk has expressed disappointment and

concern about the formal closure of two independent newspapers. It is

still, in spite of the commitments Minsk made the office is still meeting

resistance from the Belarusian government in involving civil society

and independent groups in its activities.

What I will do as CIO, I will go on to very critically follow the situation very closely and you may rest assured, Chairman, that if and when

necessary, I will take the necessary action.

Mr. PITTS. I appreciate that.
14

Just for the record, we plan on a series of hearings on missing persons, bringing back before the Commission several groups that have

formed now that have been very frustrated, whether it be by the peacekeeping deployments and their inability really to follow up even though

they are very kind and sympathetic, there has been this lack of, you

know, this is a loved one. We have access to the battlefields so to speak.

We ought to be able to have a full accounting and to determine whether

or not any of these people are still being held against their will.

But, Mr. Foreign Minister, I know you have got to run for a plane.

We deeply appreciate your testimony, your work as Chair-in-Office. We

are privileged to have you here before the Commission and we will look

forward to working with you going forward. Thank you.

Min. DE HOOP SCHEFFER. It was my privilege, Mr. Chairman. Thank

you so much.

 [Whereupon, at 4:10 p.m., the hearing was adjourned.]
15

APPENDICES

PREPARED STATEMENT OF

HON. CHRISTOPHER H. SMITH, CHAIRMAN,

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

We warmly welcome the Foreign Minister of The Netherlands, His

Excellency Jaap de Hoop Scheffer, Chair-in-Office of the Organization

for Security and Cooperation in Europe. It is a pleasure to have you

here with us today, and we thank you for your leadership. I also want to

thank you and your government for your warm hospitality during the

12th Annual Session of the OSCE Parliamentary Assembly, held in

Rotterdam last July. Your participation in that meeting was greatly

appreciated.

The Commission has frequently held hearings to examine various

aspects of the OSCE—in the past six months, we have held hearings

which have examined the role of OSCE participating States in arming

rogue regimes, missing persons in southeast Europe and internally displaced persons in the Caucasus region, as well as public briefings regarding the work of the International Criminal Tribunal for the Former

Yugoslavia and the critical human rights and humanitarian situation

in Chechnya—all critical issues challenging the OSCE. We look forward to the insights that Foreign Minister de Hoop Scheffer, serving in

the OSCE’s most senior political position, can bring to us today.

At the beginning of your tenure, Mr. Minister, you set what I believe

is an ambitious, yet practical, agenda for your chairmanship: Advancing the fight against international terrorism, including a focus on combating trafficking—in human beings, drugs and weapons—and the

criminal organizations which thrive on these activities; redoubled efforts to resolve the continuing conflicts in the Caucasus and the stalemate in Moldova, and meaningful institutional reform within the OSCE.

I thank you, in particular, for your focus on combating trafficking in

human beings, a scourge that is nothing less than modern day slavery.

The U.S. delegation to the OSCE Parliamentary Assembly has taken

the lead in trying to combat trafficking in persons, particularly women

and children, and the Assembly adopted our comprehensive resolution

in Rotterdam last July. As the primary author of the U.S. law combating human trafficking, the Trafficking Victims Protection Act, I am

pleased that your leadership has produced an Action Plan for combating trafficking in human beings. We look forward to working with you

and other participating States in working to eradicate this evil.

As you know, the U.S. delegation, along with our German colleagues,

have taken the lead in focusing the attention of the OSCE Parliamentary Assembly on anti-Semitism. Thank you for conducting the excellent OSCE Conference on Anti-Semitism in June. Along with Mayor

Giuliani, I was honored to co-lead the U.S. delegation to the Conference,

and Congressman Alcee Hastings also served on the delegation. This

meeting was an important step in encouraging participating States to

seriously address this critical and longstanding human rights issue in

concrete and practical ways, such as reporting statistics on anti-Semitic

incidents to the ODIHR for compilation and review.

I am also pleased that the sister Conference on Discrimination, Racism and Xenophobia, which begins tomorrow, will raise other significant issues also deserving of attention. As the OSCE has repeatedly

focused on issues of tolerance in a singular fashion, such as with the

April Supplementary Human Dimension Meeting on Roma and Sinti,
16

this flexibility is one of the OSCE’s greatest assets. In fact, considering

the unique history of anti-Semitism in Europe and the fact that sporadic violence continues to arise in both North America and on the

continent, I think it premature to remove the Organization’s singular

focus on this topic. With the Germans committed to hosting a follow-up

meeting in Berlin in 2004 specially devoted to anti-Semitism, I hope our

European friends will continue to support these efforts to raise antiSemitism as a specific issue of concern.

Members of this Commission have also followed closely developments

in Central Asia, and I know you have focused on the region as well

during your Chairmanship. We are particularly concerned about the

deteriorating situation in Turkmenistan, where there are credible reports that many arrested following the November 25 coup attempt were

tortured and convicted in show trials, where exit visas have been reimposed and where minorities and religious believers are harassed and

discriminated against. I continue to believe that the OSCE can and

should do more to promote the development of democratic institutions,

rule of law, respect for human rights and market economies in Central

Asia.

Again, I appreciate the Foreign Minister’s willingness to testify before this Commission and offer his insights as Chair-in-Office. We are

eager to hear more about your vision for the OSCE and its role in the

region.
17

PREPARED STATEMENT OF

HON. BEN NIGHTHORSE CAMPBELL, CO-CHAIRMAN,

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

Mr. Chairman, thank you for convening this hearing as a vital link

between the political leadership for the OSCE and the Helsinki Commission. Before turning to the topic of the Dutch Chairmanship of the

OSCE, I want to express my appreciation to the Foreign Minister as

The Netherlands has repeatedly demonstrated in recent years that it is

a reliable friend and ally in word and in deed. Mr. Minister, thank you

for your role in strengthening the bonds between our countries as we

face challenges to our interests across the globe.

As the largest regional security organization, the OSCE 55 participating States is active in early warning, conflict prevention, crisis management and post-conflict rehabilitation. The OSCE’s comprehensive

approach to security includes not only arms control, preventive diplomacy and confidence-and-security-building measures but, equally as

important, a focus on protecting human rights, democratization, election monitoring and economic and environmental security.

Respect for human rights and fundamental freedoms is the foundation of democracy and it has been the cornerstone of the OSCE’s mission since the signing of the Helsinki Final Act. Participatory democracy cannot grow in societies where this is no respect for the individual.

While there has been tremendous progress in many participating States,

Belarus and the countries of Central Asia give cause for particular concern given the flagrant violations of fundamental freedoms and human

rights in these nations. The continuing conflict in Chechnya remains of

deep concern to this Commission as the most egregious violations of

international humanitarian law are occurring in that region of Russia.

Also of concern is Ukraine, a country where recent trends are troubling

especially in the lead up to presidential elections scheduled for 2004.

Mr. Minister, as sponsor of the Senate resolution on anti-Semitism

and related violence in the OSCE region, I thank you for your leadership in convening the Vienna Conference and enlist your support for a

sustained specific OSCE focus on anti-Semitism especially in light of

the German offer to host a follow-up OSCE event in Berlin next year. In

order to maintain focus and momentum on this issue, the December

OSCE Ministerial your government will host should embrace the German initiative.

Since my appointment to the Commission leadership in 1999, I have

worked to draw attention to the importance of combating corruption

and organized crime in the OSCE region. These interrelated issues have

taken on greater urgency given the strong nexus between the operations of transnational criminal groups and international terrorist organizations. Indeed, according to experts, they frequently work together

in the fields of drug trafficking and money laundering. In this regard,

we have strongly supported the work of the SECI Center for Combating

Transborder Crime located in Bucharest, Romania. While not an OSCE

entity, this Center involves the close coordination of 12 OSCE countries

in a strong regional effort to battle international criminal gangs and

could, I believe, serve as a model for other participating States.

Finally, as a former law enforcement officer, I have followed closely

the excellent work on police training undertaken by the OSCE in Kosovo

and elsewhere in the Balkans. Professional law enforcement – that protects human rights rather than abuses them—is crucial to building
18

strong democratic institutions and rule of law and the Commission will

be watching closely new programs sponsored by the OSCE in Central

Asia. It is vital that these programs foster real democratic change and

protection of human rights in countries of transition.

Again, I welcome the Chair-in-Office and look forward to his testimony.
19

PREPARED STATEMENT OF

HON. BENJAMIN L. CARDIN, RANKING MEMBER,

 COMMISSION ON SECURITY AND COOPERATION IN EUROPE

Mr. Chairman, I join you in welcoming Foreign Minister de Hoop

Scheffer and thank him for his leadership as Chairman-in-Office of the

OSCE. I also want to thank the Minister and his government for their

hospitality in hosting the Annual Meeting of the OSCE Parliamentary

Assembly in Rotterdam in July.

The Foreign Minister has set a determined agenda for the Dutch

Chairmanship and I congratulate him on the concrete strides that have

been made in implementing the Charter on Terrorism, on producing an

action plan to combat trafficking in human beings, and on maintaining

continuing focus on strengthening human rights and the rule of law. I

also appreciate the Minister’s support for convening the first high-level

OSCE Conference on anti-Semitism held in Vienna, Austria, June 20,

2003 and strongly urge him to ensure that a follow-up meeting on antiSemitism is held in Berlin next year.

The U.S. delegation, under the leadership of Chairman Smith, has

sought to raise awareness of the rise in anti-Semitism in Europe and

North America in the OSCE Parliamentary Assembly, and to seek ways

to combat this frightening trend. We have held several forums with our

German colleagues—in Berlin in July 2002, in Washington, D.C. in

December 2002 and in Vienna in February 2003. In Rotterdam this

past July, the Parliamentary Assembly unanimously adopted the U.S.

resolution on Combating anti-Semitism which calls on parliamentarians in OSCE participating States to strongly and publicly condemn

anti-Semitic acts when they occur, to ensure effective law enforcement

against criminal acts stemming from anti-Semitism, and to encourage

education efforts throughout the OSCE region to counter anti-Semitic

stereotypes and attitudes among younger people.

Mr. Chairman, we can never justify anti-Semitic actions by international developments or political issues. We need to have an action plan

to fight anti-Semitism. We need to have strong laws that are adopted by

our member States and enforced. We need educational programs for our

children and we need to speak out against anti-Semitism as elected

representatives and government officials. Silence is not an option, Mr.

Chairman.

I strongly support further engagement and discussion with the OSCE

Mediterranean Partners for Cooperation, which includes Israel and Arab

countries such as Egypt, Jordan, Algeria, Morocco and Tunisia, on the

issue of anti-Semitism and on regional security. I am very eager to open

a dialogue with our fellow parliamentarians in those nations in the new

future. My resolution on the OSCE Mediterranean Dimension, adopted

during the Annual Assembly in Rotterdam, calls on the Mediterranean

Partners for Co-operation to adhere to the guiding principles contained

in the Helsinki Final Act and to use the framework and mechanisms of

the OSCE, including those devoted to conflict prevention and post-conflict rehabilitation, as a model for enhancing security, promoting cooperation , and protecting human rights in the region. I hope that the

Dutch Chairmanship and its successors will support this effort.

Finally, Mr. Chairman, as you know, during the Parliamentary Assembly in Rotterdam my colleagues elected me to Chair the Committee

on Economic Affairs, Science and Technology, for which I am deeply

honored. I will be working closely with the Vice-Chair and Rapporteur
20

of the Committee and members of the Assembly to focus our work on

issues and strategies that will serve to enhance the economic and environmental dimension of the OSCE. I believe that the work of the Parliamentary Assembly should support and enhance the work of the OSCE

and its missions. I therefore look forward to receiving the views of the

Chair-in-Office on what contribution the OSCE can make to enhancing

sustainable economic and environmental development throughout the

region.

Again, I welcome Foreign Minister de Hoop Scheffer and look forward

to his testimony.

Thank you, Mr. Chairman.
21

LETTER TO CHAIR-INOFFICE JAAP DE HOOP

SCHEFFER FROM THE

COMMISSION ON SECURITY AND COOPERATION IN EUROPE,

DATED MAY 23, 2003
22
23

LETTER TO CHAIRMAN CHRISTOPHER

H. SMITH AND COCHAIRMAN BEN

NIGHTHORSE

CAMPBELL, THE

COMMISSION ON

SECURITY AND

COOPERATION IN

EUROPE, FROM

JAAP DE HOOP

SCHEFFER, CHAIRIN-OFFICE, THE

ORGANIZATION

FOR SECURITY AND

COOPERATION IN

EUROPE, DATED

JUNE 19, 2003
24
 	








  	

 

	
 	 



  

  




   

 


    


	



	
  
  


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