Helsinki Final Act (Hansard, 11 July 1988)

§ Mr. Mellor

During the last six months to 30 June 1988, Soviet and East European implementation of their Helsinki commitments has been closely monitored, particularly in the light of the third CSCE follow-up meeting which continues in Vienna. One of the main features of the period under review is a widening of disparities in eastern implementation reflecting differing attitudes on political and social reform. In some countries overall developments continued to be favourable; in some limited progress was noted; in some there has been no improvement at all; while in one case there was an apparent deterioration in the human rights situation.

SECURITY IN EUROPE: PRINCIPLES REGARDING RELATIONS BETWEEN PARTICIPATING STATES; CONFIDENCE-BUILDING MEASURES AND CERTAIN ASPECTS OF SECURITY AND DISARMAMENT (BASKET 1)

Widespread violation of the human rights and fundamental freedoms covered by principle VII, including freedom of thought, conscience, religion or belief continued.

With the progressive evolution of Mr. Gorbachev's policies of glasnost and democratisation, however, there have been continued improvements in the implementation of basic rights in the Soviet Union. The Communist party has proclaimed that the state bears responsibility to its citizens, as well as vice versa. However, key legal guarantees which would serve to institutionalise these developments are still evidently at the drafting stage.

The "unofficial" Public Commission for International Co-operation on Humanitarian Issues and Human Rights set up last year has not so far had any clear positive influence on human rights abuses, although its chairman, Professor Fedor Burlatsky, has in recent months met representatives of prominent Western human rights organisations (for example, Amnesty International). New legislation governing procedures for appeal against official and administrative abuses came into force on 1 January 1988 but it is widely recognised to be flawed by a proviso 77W that only individual officials can be sued. Many of the decisions to which Soviet citizens object are taken collectively, thus depriving them of legal redress. Very few cases have so far been initiated under the new law.

There has been much greater tolerance of public criticism and debate by the Soviet authorities, particularly in the case of past policies and personalities, but also of current events. Dr. Andrei Sakharov's press conference of 3 June, held under official auspices, was unprecedented, even though the Soviet press failed to report his more critical comments. Some unofficial meetings of political activists have been allowed to take place in Moscow and other cities with close surveillance but little or no harassment. But other meetings of groups such as the "Democratic Union", which is seeking the introduction of a multi-party system, have been disrupted. Prominent activists such as Sergie Grigoryants (editor of the magazine "Glasnost") have been subjected to short-term detention and official criticism. Very few arrests of political activists on criminal charges have taken place although some 300 political prisoners, including several Helsinki monitors, are still serving sentences in camps and internal exile or are detained in mental hospitals.

Nationalist unrest in various parts of the Soviet union has become an increasing challenge to the authorities as ethnic minorities increasingly demand fair political treatment and protection of their linguistic and cultural rights. Some minor concessions have been made. For example, Crimean Tatars are now permitted to return to their homeland in a strictly controlled manner, but other major grievances and demands have not been fully addressed.

Emigration by Jews, Armenians and ethnic Germans continues to increase steadily. Jewish emigration has doubled as against the same period last year. The steady flow of long-standing Jewish refuseniks granted permission to emigrate has continued, for example, Natasha Khassina, the Rosensteins, Lev Furman, Vladimir Tufeld and, following the Moscow summit, the Zieman family. However, many others remain. The secrecy provision continues to be applied in an apparently arbitrary fashion.

Reform of the rules of criminal procedure has been announced but not yet introduced. However, the authorities have modified the rules governing confinement in psychiatric institutions, with effect from 1 January 1988. In addition, it is now a crime knowingly to commit a sane individual for psychiatric treatment. Responsibility for special psychiatric hospitals has been transferred from the Interior to the Health Ministry.

Changes are expected shortly to legislation concerning religion. Relations between the state and the Orthodox Church have improved, partly as a result of the celebrations of the millenium of the introduction of Christianity. Mr. Gorbachev met the Orthodox patriarch on 29 April and Papal representative Cardinal Casaroli at the millenium celebrations in June. In his address of 28 June to the 19th party conference he spoke of the need to respect believers. Nevertheless, the Ukrainian (Uniate) Catholic Church remains banned and official comments about it offer little hope for the future. Members of other unregistered religious denominations are still subject to harassment.

In Bulgaria human rights and amendments to legislation on citizenship, foreign travel and residence abroad were discussed at a session of the National Assembly Foreign Policy Commission in February. It 78W appears that changes are envisaged to bring Bulgarian legislation more into line with international human rights obligations and CSCE commitments. In June an "independent" human rights commission was set up, but it is likely to remain under official control. Some human rights activists and religious believers have received permission to travel to the West but, on the whole, dissidents continue to be imprisoned or penalised for their views. Religious communities, other than the Orthodox Church, still have difficulties with the state. Bulgaria's treatment of the ethnic Turkish minority in particular flouts all aspects of principle VII. The practice of the Muslim religion is repressed, the use of the Turkish language banned, and contacts of westerners with ethnic Turks are heavily discouraged. It remains to be seen whether the bilateral Bulgarian-Turkish protocol signed on 23 February will lead to improved treatment of the Turkish minority.

In Czechoslovakia religious activists are still subject to harassment and arrest. The authorities have recently given permission for the appointment of three bishops to vacant sees but others remain unfilled. Several dissidents were arrested by the Czechoslovak police when trying to attend a British embassy dinner in March to meet a visiting senior Foreign and Commonwealth Office official. This was probably due to the coincidence of a religious festival scheduled for the same weekend. A demonstration for religious rights in Bratislava on 25 March was broken up by force by the police. A Charter 77 peace conference in June, attended by other East Europeans and westerners including British members of European Nuclear Disarmament (END), was broken up and all foreign participants ordered to leave the country. Charter 77 members have been harassed less than in the past, but the authorities continue to resort to imprisonment on political grounds. The dissident Pavel Wonka died in custody after his re-arrest (although an independent autopsy cleared the Czechoslovak authorities of foul play). Ivan Polansky was sentenced to four years' imprisonment for possessing samizdat literature (on wartime Fascist Slovakia). Another dissident Jiri Wolf remains in prison, despite appeals by us and other Western Governments for his release. On a more positive note, Karel Srp, chairman of the banned Jazz Section, was released, as was Ervin Motl of the Committee for the Defence of the Unjustly Prosecuted.

By comparison with its neighbours, Hungary's human rights record remains good, but not faultless. An estimated 150 to 200 Hungarians are serving sentences for refusing military service but legislation on alternative service is planned for later this year. In March eight people were detained by the police, one being physically assaulted, before a mass march to mark the anniversary of the 1848 uprising. All were later released. On 16 June about 20 people were arrested at a demonstration to mark the 30th anniversary of the execution of Imre Nagy. Some were beaten up, but all were released the same day. On 27 June about 40,000 people held a march, unhindered by the authorities, to protest against the destruction of villages in Romania.

Implementation of the Final Act by the German Democratic Republic remained unsatisfactory. Open signs of discontent among human rights activists increased markedly. In January, a number of unofficial demonstrators who had joined an official march were arrested. There were further detentions in February, mainly of 79W people who had applied to emigrate to the West. As a result of the Church's mediatory efforts, strong protests and wide international media coverage, all those detained were later freed, though some opposition figures were pressured into emigrating immediately to the West. State/Church relations have shown signs of deterioration as a result of these incidents, for example, state censorship of Church publications has tightened. In June, the GDR police clashed with young people gathering near the Berlin wall to hear pop concerts in West Berlin and harassed Western journalists who were present.

Implementation by Poland of the human rights provisions of the Final Act remained patchy. A high degree of religious tolerance continued to be observed, but Church publications were still subject to state censorship. The Roman Catholic church is currently constructing a large number of new churches. Trade union pluralism is still banned. During industrial unrest in May (including a major strike in Gdansk) the authorities resorted to old-fashioned methods of dealing with political protest. But most of those arrested have since been released.

There has been no improvement over the last six months in Romania's appallingly bad implementation of its CSCE human rights commitments, and a marked deterioration in one respect. Romania is currently the biggest obstacle to progress in the Vienna CSCE negotiations.

Several prominent dissidents and critics of Government policy have been arrested or confined to their homes at times of high international media interest in Romania, for example, following the spontaneous demonstrations in Brasov by factory workers in November 1987 and during the party conference, to prevent contact between them and visiting Western journalists. Though released subsequently, their movements remain closely monitored.

Romania's policy of "systemisation" (the destruction of villages and the concentration of the population in urban-type settlements), which is to be speeded up, appears to involve forcible relocation and the loss of homes and lands. The cultural and linguistic rights of, and facilities for, ethnic minorities continue to be gradually eroded.

CONFIDENCE AND SECURITY BUILDING MEASURES

Warsaw pact states have been careful to fulfil their obligations under the 1986 Stockholm document and have generally complied with its spirit. In the last six months eleven notifiable Warsaw pact exercises have taken place. United Kingdom observers attended each of the three Warsaw pact exercises to which they were invited and we inspected a Soviet airborne exercise in the Odessa region in April, where there were no indications of any lack of compliance with the provisions of the Stockholm document. In April, the United States inspected a non-ratified Soviet military activity in the GDR, under relevant paragraphs (65 and 66) of the Stockholm document.

CO-OPERATION IN THE FIELD OF ECONOMICS, OF SCIENCE AND TECHNOLOGY AND OF THE ENVIRONMENT

Throughout the Warsaw pact there has been little progress in the field of economics co-operation. However, Soviet statistical publications have reinstated sections long omitted. The radical debate on economic reform in the Soviet Union has continued, but few concrete results have emerged from the reform measures so far introduced. Mr. 80W Gorbachev, in his 28 June speech, called for accelerated transition to wholesale trading and emphasised the urgency of price and credit reform. He said that priority in foreign trade would continue to be given to Socialist countries but that he envisaged a fully convertible rouble at some stage. The continued move towards market principles and decentralisation in the Soviet economy, together with the present emphasis on light industry and the consumer, should increase opportunities for cooperation with Western countries. Approximately 40 joint ventures between foreign countries and the USSR have so far been established. Soviet shortages of hard currency will, however, remain a significant constraint.

Poland and Hungary remain the countries of most interest to Western businesses. Some 600 Polish businesses are expected to be given licences to deal directly with foreign companies. Recently introduced economic reforms have run into trouble, but the authorities seem determined to press ahead. Hungary's economic performance remains disappointing, although there have been signs of modest improvement. New legislation has been introduced enabling manufacturing enterprises to engage in hard currency trade activities. The number of joint ventures with Western companies increased to 120. In the other Warsaw pact states facilities for business men remained poor, with sparse commercial information, and hotels, accommodation and office space available only at charges well above normal rates.

There was little progress on environmental issues in the Warsaw pact states, but both Poland and Czechoslovakia have signed environmental agreements with non-pact countries. The Soviet Union created a State Committee for Environmental Protection, but it is too early to predict its effectiveness. There have been several demonstrations against gross atmospheric and water pollution. The Soviet press itself has indicated that the situation is alarming. Bulgaria hosted a Balkan environmental conference at the end of 1987 and plans a second one this year.

CO-OPERATION IN HUMANITARIAN AND OTHER FIELDS (BASKET III)

Restrictions on human contacts and freedom of movement are still in place in most countries. Contacts between Romanians and foreigners are not permitted without prior official authorisation and Western visitors' movements are carefully controlled. Despite increased emigration from the Soviet Union, refusals of permission to emigrate are still based too often and for far too long on grounds of access to state secrets. The requirement for parental consent or financial waiver has been maintained. Of equal concern is the apparent introduction of a policy whereby youths nearing conscription age must undertake military service before applying to emigrate (whereupon they become subject to the secrecy provision).

Nevertheless, some positive developments have been noted. New provisions for issue of multiple entry visas and faster issuing of ordinary visas for business men have been adopted in the Soviet Union. In Czechoslavakia more flexible regulations on travel to the West are in operation. Hungary has adopted new legislation on foreign travel entitling everyone (except those with a criminal record or for reasons of state security) to a passport and removing the requirement for exit visas. Exceptionally in Eastern Europe, Hungarians may now settle abroad without losing their citizenship and retaining the right to return at a later date. There has been a continued increase in private visits 81W abroad from Poland, the GDR and the Soviet Union, though exit procedures are cumbersome and non-convertibility of currency remains a major practical barrier.

Family reunification cases involving United Kingdom citizens are outstanding in the Soviet Union (1), Czechoslovakia (5), GDR (9) and Romania (17). In Bulgaria family reunification cases involving ethnic Turks are a particular problem; of 163 children for whom exit visa applications were submitted, only 43 have been able to join their families in Turkey.

Actively encouraged by the Soviet Union, the information networks in most Eastern countries have had to adjust in some measure to glasnost. In the Soviet Union unprecedented public views have been expressed on a range of topics, especially the Stalinist past and the Soviet political structure. However, high level warnings have clearly indicated that even glasnost has its limits. The treatment of foreign correspondents is improving, with notable exceptions on political grounds, for example, news management because of nationalist unrest (in the Soviet Union). In most countries there is a more open attitude to controversial, social issues such as drugs, AIDS, alcohol abuse and environmental problems. With the exception of Radio Free Europe, Radio Liberty, Deutsche Welle, Israel Radio, the Voice of Turkey and Vatican Radio (the latter two in Bulgaria), jamming of radio broadcasts has continued to decrease. The possibility of access to foreign films and programmes has grown in some countries but the availability of Western journals is still strictly limited.

CO-OPERATION AND EXCHANGES IN THE FIELD OF CULTURE AND EDUCATION

Cultural exchanges and contacts, educational agreements and more genuine contacts between scientists and technicians have increased in all East European countries except Romania. However, East European insistence on enforced reciprocity continues to affect certain areas of exchanges. Bulgaria is showing increased interest in English language teaching. But systematic attempts by Romania and Bulgaria to erode or suppress ethnic cultures continue to be matters of grave concern.

We are continuing our efforts to persuade the Soviet authorities to allow cultural contacts outside the established Ministry of Culture and Goskoncert channels, which are overloaded and often excessively slow and inefficient. By contrast, there is easy access in the United Kingdom to a wide range of non-Government entrepreneurs, local authorities, cultural organisations, etc for Soviet cultural events.

The National Theatre conducted a Soviet tour in May/June. While successful in artistic terms, this was severely inconvenienced by mismanagement and breaches of contract by the Soviet organisers. The BBC Wales symphony orchestra visited the Soviet Union in May. Successful meetings between film-makers, journalists, writers and lawyers took place in the period under review. A senior delegation of Soviet university pro-rectors visited the United Kingdom in February and direct exchanges between schoolchildren are under way. Soviet events in the United Kingdom in the period under review have included tours by the choir of the Moscow military district, the Moscow state circus and classical ballet, and the Maly theatre of Leningrad.