Copenhagen Conference on the Human Dimension: an observer's report

by Christina Isajiw

The CSCE Conference on the Human Dimension (CHD), which began on June 5, ended on June 29 in Copenhagen, Providing a final document acclaimed by consensus. This was the second of three such meetings within the Conference on Security and Cooperation in Europe (CSCE), whose mandate is stipulated in the Concluding Document of the Vienna CSCE Meeting.

The third CHD meeting is scheduled for September 10 to October 4 in Moscow.

Almost four years ago the idea of a conference to deal with the twin areas of human rights and human contacts was first conceived in response to an alarming discrepancy between the human rights commitments and actual day-today practice of a number of Helsinki Accords signatories, among them the USSR .

The highlight of this session came with the expected agreement on the summit meeting of the CSCE heads of state or government in Paris, in the fall of this year. The summit will mark the starting point for a more advanced stage in the Helsinki process.

Two distinct moods prevailed throughout this conference. One, of caution and the realization that the road to democracy in Eastern Europe, particularly the USSR, is a very difficult one, and the other, a tacit agreement to avoid any and all confrontational issues for the sake of the final document.

Although every foreign minister, at the opening sessions, praised the changes in Eastern Europe, praised Mikhail Gorbachev, or alluded to both, the over-all call was for caution. Many spoke about the road ahead being. "uncertain," "wrought with dangers," and others warned that this was not the time for euphoria - not yet.

Iceland's minister for foreign affairs, Jon Baldvin Hannibalsson, perhaps summed it up for everyone by saying "...we should be wary of embracing simple patent solutions to complicated problems... The way to hell is indeed paved with good intentions. Many a prophet of paradise on earth turned out to be a deranged visionary of fanaticism... and left behind a scorched earth. Let's beware of them."

There were quite a few proposals by the foreign ministers, made in the first two days, which indicated very clearly what the delegation of a given state hoped to achieve in Copenhagen. It is worth to list a few and to point out that issues mentioned in the first plenary sessions by the ministers were avoided during the subsequent four weeks, and some of them are not mentioned in the final document.

Notably, Principle VIII of the Helsinki Accords on self-determination although on everyone's mind, was left for another time.

Thus, Danish Foreign Minister Uffe Ellemann-Jensen, pointing out "unfinished business," called for the unconditional release of all prisoners of conscience; for developing provisions on fundamental freedoms of assembly and association, and freedom of expression; the need to press for progress in resolving issues of conscientious objectors to military service; and most importantly, freedom of non-governmental organization (NGO) participation in the next meeting in Moscow.

He was one of the first to raise Principle VIII: "I also draw your attention to the right to self-determination of peoples, who only a few decades ago were deprived of their national independence."

Speaking on June 6, Secretary of State James A. Baker set forth three challenges which lay before this conference: "First, we must ensure that the freedoms so recently won are rooted in societies governed by rule of law and consent of the governed... we must ensure... the prosperity that comes from economic liberty and competitive markets... ensure that we are not drawn into either inadvertent conflict or a replay of the disputes that preceded the Cold War."

On the human rights agenda Mr. Baker said: "...we must not lose sight of individual liberty... Despite the dramatic gains in human rights that we witness today, men and women in some participating states are still made to suffer because they want to be free, still are targets of intolerance, still cannot emigrate... We must continue to press until the CSCE's high standards of human rights prevail throughout Europe until they extend to every individual."

The Canadian secretary of state for external affairs, Joe Clark, stressed Canada's commitment to Europe as "...both pragmatic and profound. We are tied to Europe in spirit and in substance. NATO, the CSCE and the European Community form three essential pillars... each has its mandate, its membership and purpose... they must work together towards... a security based on a web of economic, political and security relationships."

Important to note was the tribute paid by many representatives to Ambassador Jiri Hajek, head of the delegation of Czechoslovakia, one of the founding members of Charter '77 and a recent former political prisoner. A message of greetings from President Vaclav Havel of the conference was read and acknowledged by all as an example of courageous colleagues who gave the CSCE process a heart, mind, and a search of conscience by raising their voices.

The final document at Copenhagen

Hailed by all delegations as a historic achievement, the Copenhagen Document of the C H D is indeed a first formal proclamation for a whole and free Europe. It is based on the central premise that "pluralistic democracy and the rule of law are essential for ensuring respect for all human rights and fundamental freedoms," and that free elections are a cornerstone mechanism in that achievement

Moreover, the document expresses the signatories' determination to support and advance those principles of justice which form the basis of the rule of law, a "justice based on the recognition and full acceptance of the supreme value of the human personality and guaranteed by institutions providing a framework for its fullest expression."

The CSCE member-states identify "...the protection and promotion of human rights and fundamental freedoms as one of the basic purposes of government." In setting froth the fundamental principles of justice which form the basis of the rule of law in a democracy, the document:

• calls for a clear separation between the state and the political parties;
  
  
• notes that government and public authorities are duty-bound to comply with the constitution and are not above the law;
  
  
• calls for a representative government, independent judiciaries and equal protection under the law and the right to redress of grievances;
  
  
• states that military forces and police are to be under the control of and accountable to civil authorities.

Free elections also are seen as an important component of this far-reaching program of institutionalizing the human rights guarantees. On that subject: "The participating states declare that the will of the people, freely and fairly expressed through periodic and genuine elections, is the basis of the authority and legitimacy of all government."

Twelve points then enumerate the mechanisms to be implemented in order to "... ensure that the will of the people serves as the basis of the authority of government." Among these is the recognition "... that the presence of observers, both foreign and domestic, can enhance the electoral process..."

Freedom of expression imparts a long list of implementation mechanisms with the participating states reaffirming their international obligations on the rights to freedom of communication, in particular the use of and means of reproducing documents of any kind and the rights related to any intellectual property; the right of peaceful assembly and demonstration; the right of trade unions to determine their membership; rights of association, though, conscience and religion; the right of free movement and the right to private property.

In order to remedy violations of human rights and fundamental freedoms, the document asserts the right to adequate legal assistance; the right of the individual to "... assistance from others in defending human rights and fundamental freedoms, and to assist others in defending. ." same; the right to communicate with international bodies concerning allegations of human rights abuses; and "... wishing to ensure greater transparency in the implementation of the commitments...," the participating states "accept as a confidence-building measure, the presence of observers sent by participating states, non-governmental organizations and other interested persons, at court proceedings, with the understanding that 'in camera' proceedings may only be held when consistent with obligations under international law."

All of section IV of the document, some 24 points, deals with the issues of national minorities. These are based on the recognition that "... the questions relating to national minorities can only be satisfactorily resolved in a democratic political framework based on the rule of law, with a functioning independent judiciary."

In summary, the participating states affirm that rights of persons belonging to national minorities is an essential factor of peace, justice, stability and democracy; commit themselves to protect the rights to express, preserve and develop ethnic, cultural, linguistic or religious identity, free of forceful assimilation; condemn totalitarianism, racial and ethnic hatred, anti-Semitism and all manifestations of xenophobia, as well as persecution on religious or ideological grounds; recognize importance of encouraging the solution of problems through dialogue based on principles of the rule of law; and reaffirm their commitment to develop the human dimension mechanism of the CSCE to address minority rights concerns.

A one-page annex to the document deals with the access of NGOs and the media to meetings of the CHD. Perhaps it is significant that although practices for openness and access to meetings for NGOs have been acknowledged in the Vienna Concluding Document, it was seen as necessary to annex this statement before the Moscow CHD meeting.

Ukrainian presence

For the first time in the CSCE process, two prominent former political prisoners from Ukraine participated as NGO representatives in Copenhagen. Important to note is the fact that any such participation from the USSR is possible, at the present time, only through great efforts and total support from the Ukrainians in the West. The USSR's system today allows a Ukrainian member of Parliament to exchange only 40 rubles on his diplomatic passport. Aeroflot claims overcrowding yet prices on Western airlines are prohibitive to most. Ukraine is still isolated, with virtually no Western airlines operating from Kiev, and all exit visas are obtainable only in Moscow.

Thus, Yevhen Proniuk, deputy to the Kiev City Council from the Democratic Bloc and head of the Ukrainian Society of the Repressed (individuals presently suffering repressions), and Oles Shevchenko, deputy to the Ukrainian Supreme Soviet and member of Rukh, were able to participate in the Copenhagen proceedings upon the invitation of the Human Rights Commission (HRC) of the World Congress of Free Ukrainians (WCFU). and with the generous financial support of the Toronto Friends of Rukh.

Mr. Proniuk's activities during the first week of the conference were reported in the June 24 issue of The Ukrainian Weekly. His presence at this meeting was crucial in providing first-hand information on the rapid developments at the Ukrainian parliamentary sessions continuing at that time.

Mr. Proniuk was able to inform delegations of the proposal submitted by Mr. Shevchenko to the Ukrainian Supreme Soviet on applying for observer status and eventually for full participation of Ukraine in the Helsinki process.

Mr. Proniuk also spoke about the imminent declaration of sovereignty of Ukraine, by both the Democratic Bloc and the Communist members of Parliament. He discussed at length the profound difference between the democratic reforms in Eastern Europe', even in the Baltic republics, and those in Ukraine. He pointed out how the years of Moscow's policies of absolute dominance had stifled Ukraine's political and intellectual growth as well as its national and cultural development. He listed numerous repressive policies still practiced in Ukraine, although abandoned elsewhere.

Mr. Proniuk provided ample firsthand information on the irregularities during the elections held in Ukraine, by recounting the vigorous slander campaign conducted against him by local authorities and the KGB. He also pointed to the imminent removal of Volodymyr Ivashko, seen as a Brezhnevite impediment to reforms in Ukraine. During his two-week stay, he was able to clarify many misconceptions for various Western delegates, who posed numerous questions regarding future developments in Ukraine.

Mr. Shevchenko attended the last week of the conference. He brought with him a proposal of the Ukrainian Supreme Soviet for the Declaration of Sovereignty of Ukraine, which was being discussed at that time. He also brought an answer from A.M. Zlenko, deputy minister of foreign affairs of the Ukrainian SSR, to Mr. Shevchenko's proposal for observer status for a representative of Ukraine to the Copenhagen CHD.

Both documents created keen interest among Western delegates, and those who had spoken with Mr. Proniuk some days earlier, eagerly gleaned the documents and asked about chances of implementation. Mr. Shevchenko, in discussing these questions, also emphasized the unique situation of Ukraine, due to its size, historic legacy, the potential importance of natural resources and strong policies of Russification, all of which will be important factors in its ability to separate from Moscow.

Mr. Shevchenko also stressed the importance of religious freedom to Ukrainians. He underlined the role of both Churches in Ukrainian national and cultural life and strongly stressed the need for support for the legalization of both the Ukrainian Catholic and Autocephalous Orthodox Churches.

It is worth mentioning that both Messrs. Proniuk and Shevchenko were heartened to meet with two official representatives of the U.S. delegation who are Ukrainian, namely, Paula Dobriansky, deputy assistant secretary of state, Bureau of Human Rights and Humanitarian Affairs, who was also deputy head of the U.S. delegation to the CHD, and Orest Deychakiwsky, staff member of the U.S. Helsinki Commission and acting member of the l).S. delegation to Copenhagen.

The continual Ukrainian NGO presence during this conference was of significance, as was the presence of the Lithuanian group. Each supported the other and provided a clear message that our concerns were of great importance to us, and that our support would not stop.

Although Andrew Witer, a member of the WCFU's Human Rights Commission, left after the first week, as did Lesia Shymko, a reporter for Ukrainian Echo, Volodymyr Malynowych, a representative of the Ukrainian community in France, joined his writer, who coordinated the activities on behalf of the HRC.

With the arrival of Mr. Shevchenko, the group was joined by two members of the Norwegian Amnesty International. Tone Sveum and Elna Berge had corresponded with Mr. Shevchenko during his last years of imprisonment. They came only to meet with and to support Mr. Shevchenko and the Ukrainians' efforts. Their presence at several meetings with official delegates underscored the importance of the role of NGO commitment to-human rights and fundamental freedoms.

Christina Isajiw is executive director of the Human Rights Commission of the World Congress of Free Ukrainians.

Copyright © The Ukrainian Weekly, July 22, 1990, No. 29, Vol. LVIII

| Home Page |