This is the fourth of the "IHF Periodic Reports from the OSCE Region" published by the IHF on a regular basis. It contains information on recent human rights issues in some participating states of the Organization on Security and Cooperation in Europe (OSCE) provided by the IHF Secretariat and its member committees and partner NGOs. The IHF intends no political statement in the selection of countries and issues described in this report. For more information on human rights violations in the OSCE region, please visit our web page at

http://www.ihf-hr.org

TABLE OF CONTENTS:

AZERBAIJAN: Pre-election violations, new crackdown on independent media, conditions in prisons and detention facilities.

BELGIUM: Barristers’ freedom of expression restricted, the Anthroposophic Society challenges the law creating an observatory on sects.

BOSNIA-HERZEGOVINA: Izetbegovic in favor of anomie, humanitarian assistance to children hindered in RP, freedom of expression curbed in RS, intolerance wide-spread, return slow and with many hindrances in RS.

BULGARIA: Ethnic Macedonian Organization registered for elections, police brutality.

CZECH REPUBLIC: Right to interpreter denied in judicial proceedings.

GREECE: Intervention on statelessness at the OSCE Review Conference.

YUGOSLAVIA/SERBIA: Democratization - a statement by the IHF and the Serbian Helsinki Committee at the OSCE Review Conference.

IHF interventions at the OSCE Review Conference on free and fair elections and the role of NGOs in the OSCE process.

AZERBAIJAN:

PRE-ELECTION VIOLATIONS

Local elections are due to be held in Azerbaijan on 12 December 1999. Their practical preparation began after the 2 July adoption of the law on "Municipal Elections", which has been heavily criticized by the opposition. The opposition’s grievance is the fact that the head of the Central Electoral Commission is the same man responsible for falsifying the results of the previous selections.

Observers already reported violations of the law in the initial stage of pre-election preparations. Members of the independent center "For the Civil Society (VCU) have stated that in the towns of Ganja and Ali-Bayramli, and the regions of Sheki, Hadjiqabul, Neftchala, Bilasuvar, Jalilabad, Masalli, Lenkaran, and Khachmaz, the formation of local electoral commissions violated the law, as opposition members were hindered from becoming members of those commissions. The most common form of violation was the interference by local authorities in the process of preparing the election. "The violations of the law on elections have assumed a mass character," claimed chairman of the opposition Popular Front electoral headquarters, Alimammed Nuriyev. He mentioned the districts of Masalli, Absheron, Bilasuvar and Binaqadi specifically.

The political block entitled "Socialist Azerbaijan" also reported violations in the establishment of local electoral commissions in Ganja on 27 August. The local branch of the Human Rights Center of Azerbaijan documented interference by executive authorities and the police in the process of trying to bring about a politically evenhanded representation in the electoral committees in Qazax.

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Source: Human Rights Center of Azerbaijan (HRCA)

For further information please contact HRCA, tel/fax +994-12-942471, 947550, E-mail eldar@azeurotel.com

A NEW CRACKDOWN ON THE INDEPENDENT MEDIA

The rights of the independent media and journalists remain the focus of concern in Azerbaijan.

On 6 August, "unidentified individuals" hit journalist Mirjavad Rahimov, of the newspaper "Uch Noqte," in the face. The incident led to a collective protest of 25 mass media outlets. During the protest it was stated that about 100 journalists had been harassed in the past twelve months. Still, there has been no progress in police investigations into those cases. The journalists demanded that the perpetrators be punished and that violence against journalists come to an end.

On 19 August, the Trade Union of the Journalists of Azerbaijan, the International Press Institute (Vienna), and the Committee to Protect of Journalist (New York) announced a campaign to put an end to unfair court rulings against the mass media. The chairman of the trade union, Azer Hasret, has mobilized both the domestic mass media outlets and international bodies to support this campaign. As he pointed out, it was only under the pressure of the international community that censorship was officially abolished in August 1998.

On 9 October, police officers entered the editorial offices of Sara TV, terminated its transmission and ordered staff to leave the offices. One employee was taken to a police station, another employee - who was pregnant - had to be hospitalized. The Ministry of Justice later officially annulled the TV station’s registration because it had "violated its broadcast agreement by televising political programs, rather than confining itself to culture and entertainment". Since 19 October, 34 employees have been on a hunger strike to protest the government's aggressive campaign against the station. At least three of them have been hospitalized. At same time, the Baku city court sentenced Sara TV to pay a fine of U.S.$62,000 for insulting and slandering officials. Since August, tax officers have reviewed Sara TV’s financial documents and publicly expressed their intention to punish Sara TV for possible financial abuses.

Authorities shut down Sara TV the morning after it broadcast an interview with two opposition leaders who called the public to participate in an anti-governmental demonstration.

Source: The Human Rights Center of Azerbaijan (HRCA), Committee to Protect Journalists/IFEX

For further information please contact HRCA, tel/fax +994-12-942471, 947550, E-mail eldar@azeurotel.com.

CONDITIONS IN PRISONS AND DETENTION FACILITIES

On 24-25 August, the Human Rights Center of Azerbaijan (HRCA) held a training seminar dedicated to female prisoners in Azerbaijan. The seminar was held within the framework of the program "Monitoring Conditions in Places of Confinement."

Many forms of punishment that are applied to male prisoners cannot be applied to female delinquents, one of which is life imprisonment. In addition, if female prisoners attempt to escape, firearms are not used to stop them. Only two forms of punishment are used: imprisonment under a common regime for all convicted women, and imprisonment under a strict regime for those who have committed a serious crime or are particularly dangerous recidivists.

A court ruling can be postponed for up to one year for female defendants who are either pregnant or have children who are under age. Those already imprisoned are granted a leave of 15 days for the birth of a child.

There are no limits on the number of parcels that pregnant inmates, or inmates with children, can receive. By law, it is forbidden to hold women in isolation facilities for investigation or subject them to forced labor. They enjoy better prison and detention conditions and are offered high-caloric diets. Sometimes they are even allowed to live outside the colony.

In colonies, women can keep their newborn and minor children with them. As of August 1999, the only female colony in Azerbaijan accommodated 280 women. Most of the inmates (79 percent) were aged between 25 and 55 years, for most it was their first conviction (79 percent), and most sentences were between 5 and 10 years (59 percent). The overwhelming majority (88 percent) were citizens of Azerbaijan. Regarding the ethnic makeup, 77 percent were Azeris. Others included one Roma, two Armenians and one woman from Cameroon. Most were imprisoned for homicide in aggravating circumstances; other crimes ranged from hooliganism to drug-trafficking, robbery and espionage.

Among the participants of the seminar were authorities from the Central Directorate of the Execution of Court Decisions (MQIBI), representatives from the Academy of Sciences, 11 local NGOs, foreign and international bodies (e.g., NGO Resource and Training Center of the UN, the International Committee of the Red Cross, Embassy of Greece), the human rights commission of the Islamic Party of Azerbaijan, and journalists. On the second day of the seminar participants visited a female labor colony (Correctional Labor Institution No. 4), where they observed, for example, the cell and manufacturing sections, the medical unit, the library, the kitchen, and the mosque. They were also able to conduct interviews with the prisoners and employees of colony. Dozens of books on different subjects were donated to the facility’s library.

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Source: The Human Rights Center of Azerbaijan (HRCA)For further information please contact HRCA, 165-3 tel/fax +994-12-942471, 947550, E-mail eladar@azerotel.com

BELGIUM:

BARRISTERS’ FREEDOM OF EXPRESSION RESTRICTED

In June, three barristers were ordered by the president of their bar association to close their web-site on the ground that "several viewpoints were not acceptable: personal data, inappropriate value judgment of the law and functioning of Justice in general, clumsily selected example, particularly with regard to probity and fees."

Although the criticisms only concerned 2- 3 pages of the web-site, the president of the bar ordered the closure of the entire site.

Moreover, the barristers concerned were reminded that according to the regulation of the National Bar Association, barristers need the permission of the president of their bar in order to open a web-site. This authorization can be denied arbitrarily and without justification.

In Europe, few bar associations impose such restrictions on the freedom of expression of their lawyers on Internet. This regulation of the Belgian Bar Association is inconsistent with the basic principles of freedom of expression contained in all the international instruments that Belgium has ratified.

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Source: Human Rights Without Frontiers (HRWF)

For further information please contact Willy Fautré, HRWF), tel. +32-2-345 61 45, fax +32-2-343 74 91, e-mail willy.fautre@hrwf.net

THE ANTHROPOSOPHIC SOCIETY CHALLENGES THE LAW CREATING AN OBSERVATORY ON SECTSOn 21 May 1999, the Belgian Anthroposophic Society made a request to totally or partially annul the law of 2 June 1998 which established an Information and Advisory Center regarding harmful sectarians organizations and an Administrative Coordination Cell regarding the fight against harmful sectarian organizations. The Anthroposophic Society considers that this law threatens religious and philosophical groups insofar as it only establishes two categories of religion and is discriminatory towards the 189 of them listed as "sects," including the Anthroposophic Society.

The law in dispute is likely to affect individuals adhering to religious and philosophical minorities directly and unfavorably as it provides that "data of a personal nature relating to opinions and religious and philosophical activities can be dealt with" (article 6). Because this data relates to individuals on the sole basis that they are members of a group which could be (wrongly) considered a harmful sectarian organization, they also have a vested interest in seeing the nullification of the disputed law.

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Source: Human Rights Without Frontiers (HRWF)

For further information please contact: Willy Fautré, HRWF, tel. +32-2-345 61 45, fax +32-2-343 74 91, E-mail willy.fautre@hrwf.net

BOSNIA-HERZEGOVINA/FEDERATION:

IZETBEGOVIC IN FAVOUR OF LAWLESSNESS

On 7 September, Alija Izetbegovic, member of the Bosnia-Herzegovina Presidency and leader of the most powerful Bosniak political party (Party of Democratic Action), demanded that a Bosnian family of displaced persons not be evicted from an apartment in Sarajevo. The eviction was legally ordered by a court of law. However, according to Izetbegovic, evictions are inadmissible where the displaced persons do not have the option to return to their pre-war homes.

In a public statement, Izetbegovic said that "in the capacity of a member of the BH Presidency, elected by people at free elections, I invite each and everyone of you to refuse to pass and execute orders whereby those refugees who are not able to return to their homes are to be evicted, because such orders are immoral and unlawful. Those who do not have the civil courage to perform their job in accordance with their conscience should withdraw from their duties."

Three days later, High Representative Wolfgang Petrisch and Deputy High Representative Ralph Johnston, expressed their concern over his suggestion that civil servants and court officers disregard the laws and refrain from implementing provisions concerning eviction in certain cases.

Independent press characterized Izetbegovic’s move as demagogic, serving the cause of the election campaign, and criticized him and his party for not genuinely contributing to the resolution of the problem of refugees and displaced persons.

Source: Helsinki Committee for Human Rights in Bosnia and Herzegovina.

For further information please contact Helsinki Committee for Human Rights in Bosnia and Herzegovina, tel. 387-71-230 809 or 230 811, fax +387-71-230 809, E-mail office@bh-hchr.org

BOSNIA-HERZEGOVINA/REPUBLIC OF SRPSKA:

HUMANITARIAN ASSISTANCE TO CHILDREN BLOCKED

The Helsinki Committee for Human Rights in Bosnia-Herzegovina reported that the municipal Secretariat for Administration and Social Affairs in Modrica (Republic of Srpska) will not allow assistance to be distributed to ten children without parents in that municipality. A German humanitarian organization has offered monthly assistance in the amount of 50 DEM per child and special assistance at the beginning of the school year, as well as material support. However, the municipal bodies have prevented the local Red Cross from taking over and distributing the assistance. Such assistance is received by 130 pupils in elementary and high schools in the territory of 10 municipalities in the BH Federation.

According to local officials, the assistance is being blocked because Serb children do not need such assistance either. In the Republic of Srpska, a great number of adults and children are living on the verge of survival.

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Source: Helsinki Committee for Human Rights in Bosnia-Herzegovina.

For further information please contact the Helsinki Committee for Human Rights in Bosnia-Herzegovina, tel. +387-71-230 809 or 230 811, fax +387-71-230 809, E-mail office@bh-hchr.org

Freedom of Expression CURBED in THE REPUBLIC OF SrpskaEarlier, freedom of expression in the Republic of Srpska was exercised in accordance with the laws inherited from the former Yugoslavia, which were very restrictive and largely limited the freedom of expression and freedom of journalism.

During and following the war, authorities in the Republic of Srpska wanted to take control of many aspects of the freedom of expression and the media. As a result, numerous media outlets were shut down and some journalists imprisoned or fined. Other forms of pressure included intimidation, harassment and violence committed by different para-police groups and bullies who were paid to attack, frighten and threaten journalists and other media representatives.

There is no tradition of freedom of expression or the media in the Republic of Srpska. The local Helsinki Committee has stressed the importance of supporting all processes aimed at building a modern society where these freedoms would be respected according to international standards.

It further noted that while it had hoped that the election of a new government in the Republic of Srpska in 1998 would increase these freedoms, this was not in fact the case. The new government has not done anything to reform the law on these freedoms. In mid-August, then High Representative Carlos Westerndorp suspended the enactment of the criminal code in both entities of Bosnia-Herzegovina. The code would have provided prison terms for journalists who committed calumny. The High Representative’s decision rejected calumny as a criminal act and said that such a classification would be wholly incompatible with Constitutional Law. On the grounds of this decision, individuals in Bosnia-Herzegovina can enjoy freedom of expression and the media as spelled out in international standards. They also have free access to information on the activities of governmental institutions.

The High Representative’s regulation prescribed that the government of the Republic of Srpska and the government of the Federation of Bosnia-Herzegovina adopt new laws which regard calumny as an

offence but not a criminal act.

The lawyers of the Helsinki Committee for Human Rights in the Republic of Srpska are currently involved in eight cases defending journalists and media outlets against charges brought by local politicians and mafia bosses after the journalists revealed their criminal and illegal acts. Radovan Miletic and Vlado Simetic, both from Foca, have pressed charges against Jovica Petkovic and the editor of "Extra Magazine" for publishing a story alleging corruption. They demand DM 100,000 in compensation. Should they win, the ruling will mean the closure of the magazine.

The former chief of police in Zvornik sued journalist Mirjana Micic for a text published in "Extra Magazine" on 17 March 1998. At the first instance, the court in Zvornik found Micic guilty and sentenced her to six months in prison. The lawyers of the local Helsinki Committee lodged a complaint with the result that the first instance decision was overturned.

Rajko Dukic, general manager of the Bauxite company in Milici, a powerful person in the politics of RS and one of the richest people in the entity, filed a suit against journalists Aleksandar Knezevic and Milos Savic because they published an article revealing that he had been made rich through illegal activities carried out during the war. Again, the two journalists are being represented by lawyers of the local Helsinki Committee as well as many other media outlets, at no cost, in an attempt to protect freedom of expression and the media.

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Source: Helsinki Committee for Human Rights in the Republic of Srpska.

For further information please contact the Helsinki Committee, tel/fax +381 76 472 851, or +381 76 401 821, E-mail helcomm@inecco.net

INTOLERANCE WIDESPREAD

Intolerance in Bosnia-Herzegovina—and particularly in the Republic of Srpska— is widespread. Its roots can be found in the lack of education of the majority of the population, and in the traditional reservations of individuals in the region as a whole. The period of chauvinism has gained strength since 1990, and is heading towards extreme intolerance.

The intolerance is expressed primarily towards other religious and ethnic groups. The Helsinki Committee in the Republic of Srpska has expressed its serious concern regarding the high level of intolerance in the Republic of Srpska between opposing political parties. The Serbian Democratic Party and the Serbian Radical Party, in particular, try to stir animosity amongst the young people. The strong and growing intolerance towards anything and everything different - starting with the family, school, and work place and running up to the highest levels of society - is easily noticed.

During the war, the government of the Republic of Srpska kept its citizens in complete isolation from the surrounding world. Only Serbian national values were affirmed, strong internal homogenization and introversion were encouraged and all external people are ideas were rejected. That propaganda left a deep scar that resulted in xenophobia in all sectors of society. A large number of citizens treat and observe members of other national and religious groups as being of lesser value. Certain chauvinist political parties, and media under the control of chauvinists, are supporting and extending these views and ideas. The magazine "Prst" (finger), edited by an extremely chauvinistic group from Pale, is a typical example of this tendency. It uses the most pejorative and vulgar expressions toward other nationalities, the international community, and political opponents. The local Helsinki Committee said it is extremely important for the process of democratization in Bosnia-Herzegovina that we work with young people and support citizen initiatives that promote tolerance, humanism and openness.

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Source: Helsinki Committee for Human Rights in the Republic of Srpska.

For further information please contact the Helsinki Committee, tel/fax +381 76 472 851, or +381 76 401 821, E-mail helcomm@inecco.net

RETURN SLOW WITH MANY HINDRANCES

The return of refugees and displaced persons to the Republic of Srpska continues slowly and with numerous difficulties. Recently, the obstacles have been complicated, and partially caused, by legal provisions. Following the intervention by former High Representative Carlos Wesrerndorp, a law enabling the return of displaced persons was enacted. However, there has been no significant success in practice.

According to recent figures, out of a total of 10,000 applications submitted for return to the Republic of Srpska, only 1 percent was taken into consideration, and only 0.05 percent of the applications are formally processed.

The problems preventing the return of refugees and displaced persons are numerous and can be divided into objective and subjective problems. The objective problems include destroyed infrastructure; ruined and demolished houses and flats; the destroyed economics of the country; general poverty; the lack of security for the returnees; poor functioning of governmental institutions (such as the Ministry of Justice and the police force); political insecurity; and new refugees in the region following the war in the former Yugoslavia.

The subjective reasons include intolerance and fear, and problems of reconciliation and reintegration. A particular problem is the return of so-called internal refugees to their houses and flats, with specific difficulties in the towns of Bijeljina and Banja Luka. There, a few thousand citizens of non-Serbian nationality - who were loyal to the institutions of Republic of Srpska – were evicted from their houses and flats at the very end of the war. The new government of the Republic of Srpska (who has been in power for 20 months) has not taken any steps to return these "internal refugees". According to the local Helsinki Committee, it is tragic that hundreds of these families are forced to live in sheds, garages, and shanties, in the vicinity of their homes, not able to enjoy the basic right to their home and private property. It said that the arrest of all suspected war criminals is extremely important for the return of displaced persons who were expelled through ethnic cleansing.

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Source: Helsinki Committee for Human Rights in the Republic of Srpska.

For further information please contact the Helsinki Committee, tel/fax +381 76 472 851, or +381 76 401 821, E-mail helcomm@inecco.net

BULGARIA:

MACEDONIAN ORGANIZATION REGISTERED FOR ELECTIONS

On 30 August 1999, the Bulgarian Supreme Administrative Court ruled that the United Macedonian Organization "Ilinden" - PIRIN (a party for economic development and integration of the population) would be able to participate in the October local elections. Thus, the magistrates overruled the decision of the Central Commission for Local Elections who, a week earlier, had not registered the UMO "Ilinden" - PIRIN for the participation in the elections. At its meeting, Commission members failed to gain the majority of votes (14 out of 20) needed to register the party. The Supreme Administrative Court decision is final and cannot be appealed.

After being registered as a party by the Sofia City Court in the beginning of 1999, the country’s chief prosecutor threatened to challenge the party’s registration before the Supreme Court of Cassation, claiming that it violated the constitutional ban on separatist activities and several provisions of the act on the political parties. A prosecutor was quoted as saying that although the party statute does not explicitly state any separatist activities, this was evident from the context.

Later in March, a group of MPs petitioned the Constitutional Court to rule on the constitutionality of the party’s registration. The motion was based on articles 11 and 44 of the constitution which prohibit the formation of parties on ethnic, racial and religious grounds, as well as activities against the country’s territorial integrity.

After the Supreme Administrative Court decision was announced, Krassimir Karakachanov - leader of the Internal Macedonian Revolutionary Organisation (IMRO), the ruling coalition’s nationalistic partner - called the registration "a dangerous precedent" and urged the Constitutional Court to make a pronouncement on the legitimacy of the UMO "Ilinden" PIRIN.

The Constitutional Court, on the other hand, announced that the case would be heard after the October elections, in order to rule out any dubious speculations.

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Source: Desislava Simeonova, Bulgarian Helsinki Committee (BHC)

For further information please contact BHC, tel.: +359 2 951 62 95, e-mail: helsinki@mbox.cit.bg

POLICE BRUTALITY

On 21 September, A. Kostadin Sherbetov, 49, was found dead in his cell in the IInd district police station in Sofia after guards from "Egida" – the company hired to guard Sofia’s municipal schools - detained him earlier in the day on suspicion of pedophilia.

After being handed over to police and taken to the police station, Sherbetov reportedly felt ill at approximately 1 P.M. An ambulance was called, but doctors only established his death. According to the forensic medical certificate, Sherbetov had several broken ribs, numerous bruises all over his body and footprints on his clothes.

"It has been proven beyond any doubt that Serbetov is a victim of violence, but both policemen and guards swear they did not touch him," said Bozhidar Popov, chief secretary of the Ministry of the Interior.

Some reports claim that Sherbetov behaved "arrogantly" and threatened the school headmistress. The allegations of pedophilia were not proven. Sources from the Ministry of Interior say that Sherbetov had a criminal record for petty burglaries.

The Military Prosecutor’s Office opened a preliminary investigation into the activity of four police officers.

In another case, B. Yurii Lenev, the driver of the chief suspect in the investigation of the assassination of Andrei Lukanov - former Prime Minister of Bulgaria - in 1996, was allegedly brutally beaten after being arrested by police officers at his home. His relatives announced this information in September.

Yurii Lenev had been arrested on 1 June on suspicion of involvement in the murder of Lukanov.

Lenev was reportedly beaten prior to being taken to the investigation detention facility. According to unofficial sources, he was taken first to an unidentified place where he was beaten for several days. He was later admitted to the cells of the Specialized Investigation Service with numerous bruises on his head and entire body.

His relatives, who were only allowed to visit him 11 days later, on 12 June, allege that the bruises were still visible at that time.

The Military Prosecution has instituted proceedings in the case.++++

Source: Bulgarian Helsinki Committee (BHC), press reports

For further information please contact BHC, tel.: +359 2 951 62 95, e-mail: helsinki@mbox.cit.bg

CHECH REPUBLIC:

RIGHT TO INTERPRETER DENIED IN JUDICIAL PROCEEDINGS

In September, the case of Serbian citizen Mr. M. was solved with legal assistance by the Czech Helsinki Committee. Mr. M. was accused of "restriction of liberty" (article 197a of the criminal code).

On 13 January 1999, a district court had ordered that Mr. M. be taken into custody. A municipal court dealing with Mr. M’s appeal decided that the district court had violated the judicial procedure because it had not provided for an interpreter for Mr. M who did not speak the Czech language. The municipal court further ruled that such a violation is not serious enough to grant Mr. M.´s release. In view of the fact that Mr. M. had lived in the Czech Republic for some time, the district court had considered that he could understand Czech. However, Mr. M. had explicitly declared that he does not understand the language, but his request for an interpreter had been rejected. Thus, the refusal violated article 37(4) of the Bill of Fundamental Rights and Freedoms (Czech Constitution).

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Source: Czech Helsinki Committee (CHC)

For further information please contact CHC, JUDr. Jaroslava Stamberkova, tel/fax +420-2-2437 2335, e-mail pravni@helsincz.anet.cz

GREECE:

INTERVENTION ON STATELESSNESS AT OSCE REVIEW CONFERENCE

At the 1999 OSCE Review Conference, the Greek Helsinki Monitor and Minority Rights Group-Greece made an intervention regarding the situation of stateless persons in Greece:

The two NGOs welcomed the 1998 abolition of article 19 of the Greek Citizenship Code (Law 3370 of 1955) which provided that a "person of non-Greek ethnic origin leaving Greece without the intention of returning may be declared as having lost Greek citizenship." This right also applied to a person of non-Greek ethnic origin born and domiciled abroad and their minor children living abroad, if both of their parents or the surviving parent had also lost citizenship.

Article 19 was abolished by a parliamentary voice vote on 11 June 1998. In January 1998, Minister of the Interior Alekos Papadopoulos had stated that, since its introduction in 1955, 60,000 Greek citizens had lost their citizenship through the application of the article, the large majority of whom were members of the Muslim minority in Thrace.

At the OSCE Review Conference, the Greek Helsinki Monitor and Minority Rights Group-Greece emphasized that the abolition of article 19 had not completely solved the problem because the abolition had no retroactive effect: past victims of the article cannot reclaim their citizenship. Such individuals include those who have remained stateless within Greece (estimates vary between 300-1,000) or abroad (some 1,400 in Turkey and an unknown number elsewhere) and those who adopted the nationality of another country after leaving Greece and losing citizenship (the vast majority). Stateless individuals in Greece have had difficulty receiving social services such as health care and education and —until December 1997—were even denied the protection of the 1954 UN Convention Relating to the Status of Stateless Persons, which Greece ratified in 1975.

As a result of pressure from NGOs and minority deputies and organizations, around one hundred ethnic Turks made stateless under article 19 have received identity documents from Greek authorities in accordance with the 1954 UN Convention. It is important to mention here that these stateless residents of Greece had been unjustly stripped of their citizenship in the first place, as they

had never settled abroad, a prerequisite of article 19. In August 1998, then Foreign Minister Theodore Pangalos stated that within a year, most if not all of the stateless persons living in Greece would be offered Greek citizenship. This promise was reiterated in subsequent months by then Alternate and Deputy Foreign Ministers George Papandreou and Yannos Kranidiotis. However, to date the government has not taken any steps to carry out this promise.

The Greek Helsinki Monitor and Minority Rights Group-Greece demanded that the Greek government immediately grant citizenship to the few hundred residents and consider additional means to redress the injustice. The former is a legal obligation under article 32 of the 1954 UN Convention, which Greece has been disregarding. The government should also introduce the possibility to grant citizenship to the few thousand former Greek citizens who are now living as stateless citizens abroad. Finally, it should at least grant former Greek citizens, who have been stripped of their citizenship under articles 19 or 20 of the Citizenship Code and live abroad with different citizenship (almost all are ethnic Turks or Macedonians), unhindered entrance to Greece, irrespective of their minority advocacy abroad. They should also examine any requests for citizenship favorably, although such requests are expected to be rare.

According to the two NGOs, another category of Muslims was born stateless. Their ancestors moved from Bulgaria and were supposed to be Roma. Christian Roma and most Muslim Roma whose ancestors were born in Greece were granted citizenship in the 1970’s (most Roma had been stateless until then). But these Roma (self-identified Turks) were forced by police to acquire expensive alien’s residence permits only valid for one year. The permits contained a mention by police authorities that they were of "undefined" citizenship and of Turkish nationality (i.e. ethnicity). In 1999, the police department of Komotini refused to issue an identity document (an obligation under the relevant UN Convention) to Mr. Durgut Sezgin. He has been threatened by the local police not to insist on acquiring such a document. Eight months after his application and following the intervention of the ombudsman, police alleged that the reference to an undefined citizenship had been a mistake that had supposedly been repeated for years. They claimed that Mr. Sezgin had Bulgarian citizenship, and asked him to prove that he is not Bulgarian in order to be considered a stateless person. However, authorities have no documents showing that Mr. Sezgin, who was born in Greece and never left the country, has Bulgarian citizenship. Their argument is based on birth certificates (in Greek) that his parents were forced to sign - as most illiterate, Turkish-speaking Muslims are forced to do lest they run into trouble with powerful local authorities.

Many Roma in Komotini, and other areas in Greece, who have been assimilated into the Turkish minority are being refused citizenship rights, and even ‘stateless’ status pursuant to the UN Convention. Thus these people are officially considered non-existent and have no access to the rights and benefits afforded to all other citizens.

Excercising its right to reply, the permanent mission of Greece to the OSCE stated on 21 September that article 19 had been abolished and that "it is a thing of the past, it belongs in the past."

Regarding individuals who have lost their citizenship, the OSCE delegation said that the position of the Greek government on this is clear: those wishing to acquire Greek citizenship may apply for it, following the legal procedure provided for by Greek law. In fact, it said, many former article 19 cases have applied for Greek citizenship and some have already been granted it.

As for the Roma, said the delegation, those living in Greece have Greek citizenship. It downplayed the problems faced by Roma by stating that Greek Helsinki Monitor and Minority Rights Group–Greece had, in their intervention, focused too much on certain cases; particularly the case of a single Rom, Mr. Sezgin. Further, the delegation wondered "whether they are really worthy of being discussed in a forum like this, considering in particular that the persons involved cannot be said to be suffering let alone being endangered in any way. Those are cases of people going through a routine administrative process and encountering difficulties in it. I think that if all the states represented here were subjected to the same scrutiny that is applied to Greece, it would not be surprising to find 100 instances of persons whose right to the citizenship of the country where they reside is not established in every single state."

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Source: "Report on Greece to the 19999 OSCE Review Conference: Greece’s Stateless Persons," Greek Helsinki Monitor and Minority Rights Group-Greece, 21 September 1999; Statement by the Permanent delegation of Greece to the OSCE, 21 September 1999.

For further information please contact Greek Helsinki Monitor, tel. +30-1-620-01-20, fax +30-1-620 01 20, E-mail office@greekhelsinki.gr. For further exchange of opinions (e.g. on minority rights and freedom of religion) between Helsinki Greek Monitors & Minority Rights Group-Greece and the Greek government during the OSCE Review Conference, please access greekhelsinki.gr

YUGOSLAVIA/SERBIA:

DEMOCRATIZATION—A STATEMENT BY THE IHF AND THE SERBIAN HELSINKI COMMITTEE AT THE OSCE REVIEW CONFERENCE

Sonja Biserko, chair of the Helsinki Committee for Human Rights in Serbia, delivered the following intervention at the OSCE Review Conference in Vienna in September:

I will try to focus on a few issues that are important to democratization of any country, including Serbia, and that are seemingly being neglected or bypassed by this forum. Much has already been reported on the rule of law, human rights violations, and democracy in Serbia. However, I still have the feeling that there is little true insight into the real atmosphere and mind-set of the people in the region.

It is obvious that the political scene in Serbia is still very fluid and that political protagonists cannot cope with the situation, for they are unable to perceive higher state and social interests in this new European context. Divisions and antagonisms, which characterize the whole scene, threaten to drug society into an even deeper abyss. Hopes rest on manifestations of discontent and peaceful protests all over Serbia. This continuous raw political expression may erode the pyramid of oppressive authority and bring forth change. But what does this urge for change really mean in our context? Resistance to change has been an important element in Serbia in supporting the regime's war policy instead of taking up the challenge of transition.

Today this is reflected in the general attitude toward the Hague Tribunal (ICTY). Extradition of war criminals has no support. This shows that although there is resolve to change the regime, there is no resolve to fundamentally renounce its policies that are so deeply inconsistent with the Helsinki values and standards. The lack of moral will to face the consequences of past errors can cause apathy, which

in turn kills any positive energy. Added to that, there is little if any evidence of any wish to effect comprehensive changes in the prevailing mindset.

All the political protagonists have been "consumed" by this negative process. It is thus necessary to assist the emergence of new actors—pragmatic individuals, personally aware of the bleak prospects for the country and for themselves. In terms of basic human rights and the rule of law, it is of the utmost importance that new political forces do more than propose only to fine-tune the regime’s policy. To help the Serb people it is necessary to understand their fear of the world, its dynamics and notably its standards. It is also important to find the right approach to the Serbian people. This applies not only to the regime, but also to the political elite and notably the Serbian public at large. In this regard, the Stability Pact should be promoted in a simple language that opens hope—as the Marshall Plan did 50 years ago. It is the only chance for Serbia to democratize and Europeanize.

We wish to make two points related to this process:

First, the de-integration of society and the state continues unabated. In addition to the loss of Kosovo and the recent issue of the status of Montenegro, Serbia is, as a state, fragmented. However, Serbia cannot be democratized without decentralization, which is the precondition for its integration in the wider Balkan region. Every region should be helped in its particularity.

Also, one crucial issue must be placed at the top of all agendas: the question of organized crime and the "Mafia" in the Balkans, notably Serbia, Kosovo, Montenegro and Albania. It is a key issue for the democratization of the region and should be a priority for the OSCE and the Stability Pact. The role of Russian organized crime is also very important, for it has close links with the regional activities. Hence, bringing this rampant organized crime to justice is imperative. Specific cases should be highlighted for the public. This could have an enormous impact on the public at large. The OSCE and civil society must help prove to the people that public property cannot simply be absorbed by corrupt "elites" or our project for democracy and the rule of law will have failed to produce justice.

All these issues should be on the agenda of the Stability Pact, whose operation is urgent and could be the impetus for positive Serbian dynamics, as well as regional dynamics.

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Source: IHF

For further information please contact the IHF, tel. +43-1-408 88 22, fax +43-1-408 88 22-50, E-mail office@ihf-hr.org

FREE AND FAIR ELECTIONS NOT THE RULE IN MANY OSCE STATES

On 21 September, during the OSCE Review Conference in Vienna, the IHF made an intervention emphasizing that free and fair elections are not the rule in many OSCE states:

Since the legal presidential term of Alexandr Lukashenka expired on 20 July 1999, an alternative presidential election, initiated by the 13^th Supreme Soviet, took place in May of this year in Belarus under difficult conditions, including direct persecution.

Individuals were summoned to the KGB and local police stations where they were warned that if they participated in the elections, they would risk legal repercussions under administrative and criminal law. Other forms of pressure included cutting off telephone lines, beatings, and anonymous threats on the phone and job dismissals. In smaller towns, which suffer particularly from economic crisis, the loss of even a poorly paid job can put people and their families on the brink of ruin. On the day of the election, ballots and ballot boxes were seized, the police and security services stormed polling stations and carried out searches, confiscating materials and arresting individuals.

The forthcoming parliamentary elections in Kyrgyzstan have already created a new political climate in the country, with 23 registered parties trying to draw their new initiatives to the attention of the electorate. However, these parties face difficulties in the exercise of their right to free assembly and demonstration. For example, in the course of their rally, members of the People’s Party of Kyrgyzstan (PPK) faced substantial difficulties in organizing meetings with people. Local heads of administration and law enforcement agencies— including the militia and the Prosecutor’s Office— threatened the party activists. On 8 July, the head of the local police, Mr. Abdraimov, denied a group of PPK members, mostly members of parliament, access to the provincial center, Karakol.

Another issue of concern is the Election Code which provides for the prosecution of authors and publishers of "wrongful information" against candidates, and for the prohibition of printing any survey or research for the duration of the election campaign.

Since the proclamation of Turkmenistan's independence, no free elections have taken place in the country. Collection of voter's signatures; colorful pre-electoral posters with candidate's pictures; lobbying for the interests of specific groups and parties in the mass media; and other such activities are now officially condemned as "anachronistic." At the same time, numerous appeals, which call for lifetime presidential term, are being published.

Today, the authorities think it possible that another pro-government party could be created, but this peculiar multi-party system would not likely result in actual democratization of the Turkmen political order.

Presidential elections were held in Ukraine on 30 October 1999. However, candidates faced many obstacles in terms of registering and running their election campaigns.

In order to be registered, a candidate must produce one million voter signatures in his/her support. The Central Electoral Commission (CEC) found a number of false signatures on the lists of virtually all candidates. The chairman of the CEC publicly declared that if the Commission had the practical opportunity to check all the gathered signatures, it is probable that no candidate would be registered. In addition, not all candidates had equal access to the media, and authorities put pressure on media outlets. Some collectors of signatures were arrested. Inhabitants of rural areas (up to 30 percent of the population of Ukraine), were in a particularly vulnerable position, as local administration had many opportunities to exert pressure, as demonstrated by previous elections.

The IHF asked the OSCE to help local NGOs exercise their right to monitor elections in their country, which constitutes a first and necessary step toward free elections.

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Source: IHF

For further information please contact the IHF, tel. +43-1-408 88 22, fax +43-1-408 88 22-50, E-mail office@ihf-hr.org

ROLE OF NON-GOVERNMENTAL ORGANIZATIONS IN THE OSCE PROCESS

On 29 September, the IHF made an intervention on the need for follow-up-by NGOs and by the OSCE of the human dimension issues:

The Helsinki process was conceived as one in which civil society could monitor compliance with the commitments undertaken by the participating states. Thus the "role of NGOs" primarily means this follow-up activity, namely, a process by which civilian organizations could advise governments on cases where commitments seem to have been broken, and perhaps offer recommendations for compliance. Other governments would also take this information into account as they helped ensure the integrity of the Helsinki Process.

Today, nearly a quarter of a century into this process, serious obstacles remain with respect to allowing civil organizations to play this basic role in the OSCE. Some of these obstacles stem from the policies and practices of participating states. But it must be concluded that some of the obstacles result from the continuing lack of transparency and inefficiency of the OSCE itself.

The government of Kyrgyzstan stripped the Kyrgyz Committee for Human Rights of its legal status, registered another, bogus, organization in its place, and then sought to seize the assets of the original group. Other humanitarian organizations in the region report severe harassment.

It is not possible for human rights NGOs to play their proper—and much needed—role vis a vis the OSCE in Uzbekistan. Leaders of groups have been threatened, arrested, jailed, and beaten. An atmosphere of fear prevails. Authorities in Belarus continue to try to exert an inappropriate level of control over civil society including independent trade unions and youth groups. A presidential

decree puts all civil organizations at risk of being banned by the government if strict registration rules are deemed to have been broken.

These are only a few examples of the continuing, often violent, ways in which participating states impede the central follow-up role of civil society in the OSCE. It must be said, however, that many OSCE practices do not support this follow-up role either.

The rapporteurs' reports contain no clear references to violations of human dimension commitments raised during sessions of Review and Implementation meetings, either by member states or NGOs. Both states and NGOs need this information in order to work together to investigate allegations.

There is apparently little, if any, follow-up by the states. We, in the IHF, believe that states ought to be obliged to report back to the community on how they view such charges and what is being done to change policies that violate the Helsinki commitments. Otherwise, the process will lack credibility.

The states should make use of the "Human Dimension Mechanism" for requesting information from other states on the development of a situation after an issue has been raised in an Implementation or Review meeting.

Responses by governments could be circulated by ODIHR so that a continuing dialogue with NGOs could take place, and so that the public could understand that the Helsinki process is a serious effort to conform to human rights standards.

The "role of NGOs" can only be effectively realized if more transparency and efficiency is achieved within the OSCE itself.

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Source: IHF

For further information please contact the IHF, tel. +43-1-408 88 22, fax +43-1-408 88 22-50, E-mail office@ihf-hr.org