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JOINT COMMITTEE ON FOREIGN AFFAIRS díospóireacht -
Tuesday, 7 Oct 2008

Role and Functions: Discussion with OSCE Parliamentary Assembly.

I remind members and those in the Gallery to ensure their mobile phones and blackberries are switched off completely for the duration of the meeting as they cause interference with recording equipment in the committee rooms, even when they are on silent mode.

Before we commence, I advise the witnesses that, whereas Members of the Houses enjoy absolute privilege in respect of utterances made in committees, witnesses do not enjoy absolute privilege. Accordingly, caution should be exercised, particularly with regard to references of a personal nature.

The second item on our agenda is a discussion with Mr. Spencer Oliver, Secretary General of the Organisation for Security and Co-operation in Europe, OSCE, Parliamentary Assembly. I welcome him to this meeting and he will now give a presentation on the work of the OSCE, particularly its Parliamentary Assembly.

As members will be aware, in 1973 Ireland was a founder member of the Conference on Security and Co-operation in Europe, CSCE. This became the Organisation for Security and Co-operation in Europe, OSCE, in 1994. Ireland values the OSCE as a forum in which all European states, the United States and Canada participate on the basis of full equality. The OSCE plays an important role regionally in a wide range of security issues including arms control, preventative diplomacy, confidence and security building measures, human rights, election monitoring and economic and environmental security.

The Parliamentary Assembly of the OSCE brings together over 300 parliamentarians from states that participate in the OSCE to ensure strong interparliamentary dialogue and involvement in the activities of the organisation. The OSCE came into being during a time of great division in Europe and played an important role, following the fall of the Berlin Wall, in confidence building and democratisation measures throughout the region.

Today Europe faces new and complex challenges, such as the current financial uncertainty, energy security concerns and the recent conflict in Georgia. At this time of challenge, a well-functioning and consistent response from the OSCE and its decision-making bodies continues to be of the utmost importance.

I now invite the Secretary General, Mr. Oliver, to address the committee on the role and work of the OSCE Parliamentary Assembly. Some of our members have had to leave to attend other meetings and may be back with us in time.

Mr. Spencer Oliver

Thank you. It is an honour and a privilege to appear here today on behalf of the OSCE Parliamentary Assembly, the organisation with which I have been involved for some 30 years. Thank you for giving part of my speech as I will now be able to cut out a few paragraphs. I fully understand when committee members are called on to attend to business elsewhere. I spent 22 years on Capitol Hill, including nine years as chief counsel to the Committee on Foreign Affairs in the US House of Representatives and I understand that members are often called on to be in three places at once. This is the main task when parliament is in session.

The OSCE, the Organisation for Security and Co-operation in Europe, traces its origins to the Helsinki Final Act, signed on 1 August 1975 after over two years of negotiations in Helsinki and Geneva by the Conference on Security and Co-operation in Europe. It contained several key commitments on politico-military, economic and environmental and human rights issues. It established fundamental principles governing the behaviour of states towards their citizens and towards each other, a unique step in diplomacy.

It was a breakthrough document at the height of the Cold War. Its real impact was not felt, however, until the end of the Cold War as historic changes took place with the fall of the Berlin Wall, the end of communist domination over eastern Europe and, eventually, with the break-up of the Soviet Union.

Then the Commission on Security and Co-operation in Europe, CSCE, took on a new role in managing the sweeping changes taking place in Europe, leading to the establishment of permanent OSCE institutions. The participating states at the 1990 summit in Paris created the OSCE, headquartered in Vienna with a Parliamentary Assembly based in Copenhagen. The organisation has offices and field offices from The Hague to Warsaw, the Balkans and in most of the former Soviet republics in the Caucasus and central Asia.

The OSCE has 56 participating states, with 55 participating parliaments. The 56th member, the Holy See, does not have a parliament. We suggested that the College of Cardinals could act as one with voting by smoke pots. The organisation's breadth and scope is unmatched in the democratic world, extending from Vancouver to Vladivostok, encompassing almost the entire northern hemisphere.

The OSCE Parliamentary Assembly was organised and created at the request of the Heads of State and Government of the participating states. It occupies a unique place in the structure of the organisation. The assembly's primary task is to facilitate interparliamentary dialogue, an increasingly important aspect of the overall effort to meet the challenge of democratisation, particularly in former communist states. In addition, the assembly provides a vital link between the governmental side of the OSCE and directly elected representatives from all OSCE member states' parliaments.

The assembly consists of 320 parliamentarians from all OSCE participating states and has an independent budget. Its responsibilities are to assess the implementation of the objectives of the OSCE; to discuss subjects addressed during meetings of the ministerial council and the summits of Heads of State or Government; to develop and promote mechanisms to prevent and resolve conflicts; to support strengthening and consolidation of democratic institutions in the OSCE participating states; and to contribute to the development of the institutional structures of the OSCE and of relations and co-operation between existing OSCE institutions.

The assembly meets several times a year with autumn and winter meetings. It has three general committees which follow the basic three baskets of the Helsinki Final Act. Its headquarters are in Copenhagen, at which I preside over a multi-talented, multinational and multilingual staff which organises the assembly's activities. There is a sub-office in Vienna which serves as the liaison with the governmental structures located there and the Permanent Council.

The standing committee makes decisions according to the principle of consensus-minus-one, but the bureau and the general committees as well as the assembly's annual sessions take decisions by majority vote. Debates are generally serious and sometimes controversial resolutions are passed. It is the only structure in the OSCE where this happens. The governmental side functions by unanimous consensus which can be restricting.

The President of the Parliamentary Assembly plays a central role as its highest representative. He or she presides over meetings and pays official visits to participating states. The sub-regional economic conference, which takes place every two years, will be held in Dublin in late May, the first time in Ireland. Senator Ivor Callely, the head of the Irish delegation to the assembly, initiated and played a key role in the decision to have the meeting in Dublin.

The debates during the annual session are structured according to the three main baskets of the Helsinki Final Act. The assembly is divided into three general committees. These comprise the general committee on political affairs and security, the general committee on economic affairs, science, technology and environment and the general committee on democracy, human rights and humanitarian questions.

Each annual session adopts a final declaration as well as resolutions and recommendations which are forwarded to the OSCE ministerial council, the OSCE chairperson-in-office and the national parliaments of the OSCE participating states. However, there are no mechanisms to ensure they are taken into consideration. Normally, they are taken into consideration by the OSCE, unless it is a recommendation such as reform of the voting mechanism. Assembly recommendations have led to, for example, the establishment of the representative on freedom of the media, the co-ordinator of OSCE economic and environmental activities and increased attention to gender issues in the OSCE.

There is no written or formal agreement about the concrete role of the assembly in the work of the OSCE. Co-operation has largely developed through practice and mutual agreement with the governmental side. The assembly has incrementally increased the interaction with the leadership of the OSCE as well as with other OSCE institutions.

One main element of the OSCE and its predecessor the CSCE has been to review the implementation of the promises made at the Helsinki, Paris and other OSCE summits. These are mainly related to human rights and fundamental freedoms. In the late 1970s and the 1980s, the OSCE played its most prominent role in questioning how certain governments, particularly communist ones, treated their own citizens in the denial of human rights and fundamental freedoms. During the Cold War, it was the place where the ideological struggle was engaged at very high levels.

Election observation is another important aspect of the OSCE's work because it helps to ensure the development of democracy, particularly in places with no experience of it. The OSCE also monitors elections in western states. For example, it will monitor the forthcoming elections in the United States which, far from being perfect, are also of great interest to all parliamentarians. A member of our staff is preparing for the observation of elections in Turkmenistan in December, which is at the other extreme with its level of democracy as compared to that in the United States and other western countries.

Another aspect of the assembly's work concerns the reform of the OSCE bringing more transparency and accountability into its structures. The most consistent criticism made by the assembly has been directed at the deficiencies stemming from the unanimous consensus rule within the OSCE. The governmental side of the OSCE explains that the consensus rule reflects the "organisation's co-operative approach to security, and the fact that all states participating in the OSCE activities have equal status."

The Parliamentary Assembly has pointed out that the use of consensus for all decisions is hindering flexibility and the ability to react rapidly to crises in the OSCE area. At the second annual session in Helsinki in 1993, the Parliamentary Assembly called for the OSCE to abandon the consensus decision making procedure to speed up the decision making process and to prevent the possibility for any single country to veto a measure supported by virtually all CSCE/OSCE participating states.

Since 1994, the Parliamentary Assembly has advocated adopting a decision making procedure based on requiring an approximate consensus whereby the OSCE can act with the agreement of participating states, which equals 90% of both membership and financial contribution, rather than the unanimous consensus procedure. Such a procedural change would completely eliminate single country vetoes that currently plague many international institutions.

The OSCE parliamentarians have also offered proposals to use the consensus for certain types of decisions which involve principle commitments or decisions related to security but to use approximate consensus for budget and senior personnel decisions. At nearly every annual session since that time, the Parliamentary Assembly has reiterated its call for abandonment of the consensus requirement on all, even minor, decisions. In addition to advocating approximate consensus, the Parliamentary Assembly has been a vocal advocate of more transparency, openness and accountability in OSCE institutions. At present, there is no transparency in the OSCE, as far as the public is concerned. The permanent council — which is its main decision making body below the Council of Ministers — meets behind closed doors in Vienna with no written transcript or record of what is said or of who may have vetoed anything. The only thing your capital knows about what goes on in the OSCE is what your ambassador reports in his cables. There is no way to double check that. There is no public forum or accessibility to any documents, even including audits of how money is expended. One of its presidents, in addressing the permanent council, said it was not only undemocratic but anti-democratic because it flies in the face of all the principles of democracy, in terms of transparency and accountability. The OSCE has recommended, several times, that the weekly meetings of the permanent council be opened to the public. We have argued that only under special circumstances and after a decision has been made public by OSCE participating states should meetings be closed to the public. These suggestions have not been met with favour by those who make decisions in Vienna.

I will submit my written text to members. I will now conclude and take any questions members may have.

Thank you, Mr. Oliver, for your thought-provoking contribution. We are glad to have had the opportunity to hear from you and to have greater involvement with you. I particularly appreciated hearing your perspective on decision making on the governmental side of the OSCE and on the work of the OSCE Parliamentary Assembly on election monitoring.

I thank Mr. Oliver for his contribution. Could he outline the monitoring mission in Georgia which, I understand, took up position in the last week? Is that mission in operation and how is it proceeding? One of the OSCE's tasks is to act as an early warning instrument. We are all familiar with conflicts as they happen. How effective, or otherwise, was the early warning system in the case of the conflict in Georgia and South Ossetia? Did it warn that the conflict would happen? What is the current situation in Kosovo? It is my understanding that most OSCE resources are in that area. What form will OSCE monitoring take in the forthcoming election in the United States? I assume the organisation has monitored US elections in the past. Mr. Oliver mentioned in his submission that elections in the US were far from perfect. What shortcomings were encountered in the past and what efforts has the OSCE made to address those shortcomings in conjunction with the local authorities?

I thank Mr. Oliver for enlightening us on what the OSCE does. I agree with him that all meetings at ministerial council level should be open, unless there are very important reasons that should not be so. I have not heard much about the OSCE. It is not the first thing my constituents mention when I knock on their doors. When I hear about secret meetings I think of secret societies one reads about in novels. I am delighted Mr. Oliver is here to let us know what is happening and to put some focus on the OSCE, particularly on the Parliamentary Assembly.

What positive results have come about in the areas of human rights and fundamental freedoms as a result of the work of the Parliamentary Assembly and other organisations associated with OSCE? I ask the same question about election monitoring. Can Mr. Oliver pinpoint areas where the OSCE can be particularly proud that changes have come about as a result of its monitoring and recommendations?

I join other members in welcoming Mr. Oliver. His visit and his observations are very valuable. I welcome his unequivocal statement regarding openness of meetings. The more the public, through elected parliamentarians, can be involved in decision making towards security, peace and co-operation the better.

In the 56 member states of the OSCE there is a general decline in the role of parliament, as far as the media are concerned. The work, as it is described in Mr. Oliver's written submission, is aimed at a kind of moral suasion. The international media operate on leaks and interviews with ministers, both discreet and indiscreet, rather than forcing themselves through what they would see as the tedium of a parliamentary process.

Some time ago, I looked at the role of foreign affairs committees across a number of jurisdictions, from New Zealand and Australia to here. Parliamentary foreign affairs committees are weak, particularly in an atmosphere were security has been invoked as a mechanism for refusing transparency, even to parliamentary questions. Perhaps the great expert in refusing accountability is the, thankfully, former Prime Minister of Australia, Mr. John Howard, who was totally unaccountable for the activities of his Government on several issues, including human rights.

With regard to the observation of elections, the balance between short-term and long-term is interesting. In my limited experience of election observing in Central and Latin America, the issue of identity cards and early registration were where most of the exclusion of ordinary peasants from the choice process occurred. The second point of interest is the provision of money to contest elections. It would be useful in the United States election to look at the question of funding.

The working group on transparency is very interesting. Increasingly the activities of transnational corporations are not restricted by issues of sovereignty. Going back to the Brandt report and before, people were describing their activities and the implications even in relation to human rights as unique areas of non-accountability. If I were asked to give specific examples, I would take the role of some multinational corporations in India, which are totally unaccountable.

I notice a very interesting mechanism for appointing special representatives to deal with the issue of Guantanamo. I cannot recall if the Council of Europe looked at the issue of extraordinary rendition and I would be interested to know if such discussion has taken place. Mr. Oliver will know that the argument of the Irish Government on that specific issue was that diplomatic assurance was sufficient for compliance with the International Convention Against Torture and its optional protocol. Many of us differed from that — and still do. This is connected to the Guantanamo issue and I would be interested in conclusions, even tentative, as a result of that observation.

I again welcome Mr. Oliver.

I also welcome Mr. Oliver. I regret that I missed part of his submission as I was involved in the Order of Business in the Seanad and I will have to go back for the debate on hunger, which is part of the foreign affairs brief.

I support what my colleague, Deputy Michael D. Higgins, said on the subject of rendition. A number of us raised very serious concerns over a long period about this issue. Shamefully, our Government collaborated with the Americans by turning a blind eye to what was occurring. It was the subject of a number of reports, including very significantly reports from our Human Rights Commission in Ireland which were strongly critical of the Government. I would like Mr. Oliver to know that the Government has routinely answered questions, if they came from persons like myself and Deputy Higgins, which were not asked. They have specialised in answering different questions as if they gave the answers to the questions posed. It has been established beyond any doubt that Shannon Airport was used during an unbroken circuit of rendition. It is not possible to demonstrate that at any stage someone was taken in shackles through Shannon Airport en route to Guantanamo or to an outsourced centre of torture, but we know — and there is no contradicting this — that an unbroken circuit did include Shannon Airport on a number of occasions. This has to be borne in mind. It does not assist security, as even the American intelligence services accept.

Deputy Michael D. Higgins referred to multinational corporations in India. I do not think we have to go as far as India. Let us have a look at Shell Oil in the Corrib gas field and the way in which they are using massive saturation campaigns in the media. They are buying up green magazines and producing lectures all over the place. They are doing something that is inimical to security in Ireland. They are pressurising the Government to use the police force of this State against its citizens in pursuit of their own inalienable constitutional rights. It has reached such a pitch now in Ireland. In Nigeria some kind of explosive device was left outside the headquarters of Shell. This is very worrying in terms of security.

Our distinguished guest referred to the special representatives appointed to look into gender issues. There is very often a lot of tokenism regarding gender issues. One can often detect how token it is if the awkward issues, like sexual orientation, are scrupulously avoided. I wonder if sexual orientation is encompassed in this and, if not, why not.

I am delighted there is monitoring of the American elections. It is a pity there was not strict supervision of some of the previous elections, which were very open to suspicion. I wonder what the criteria are. Are they looking, for example, at something which many of us as practising politicians find unpalatable, the whole business of negative advertising, the sleazy attack advertisements? One of the two principal lies that McCain has put out is that Obama has been pushing sexual information on under age kids. I am quite familiar with that. It was said here as well by some conservative forces when an attempt was made to introduce in schools a programme called Stay Safe to protect children. These kinds of advertisements containing categoric lies are very damaging to the political process and I was horrified to hear on RTE a former Member of the Lower House here, Ivan Yates, defending attack ads and negative campaigning. I was most surprised to hear this on the radio.

On South Ossetia and Georgia, I hope there will be an attempt to encompass not just what is seen as the western position but also the position of Russia. I am not that old that I am 19th century, but there is something to be said for the notion of spheres of interest. We need a little intellectual exercise to imagine another situation where, for example, the United States had missiles planted right on their borders — they did not like it when it almost happened in Cuba — and states surrounding the US were drawn into military alliances. One needs a certain amount of understanding. In some of these areas there are substantial Russian populations. I do not want to take sides but I like to see balance. My interest — and I am sure it is the interest also of the OSCE and our distinguished guest, Mr. Oliver — is in the security not of the vested interests of power blocs but of the ordinary person on the ground, who is almost invariably the victim. In South Ossetia and Georgia there were victims on both sides and there was heartbreak.

I think there is a vote in the Seanad.

How did you arrange that?

I do not want to talk about Senator Norris behind his back but he seems to be obsessed with America and what he sees as its continuing evils. I find that extraordinary in the context of this organisation when it seems to me a major issue is election monitoring, the difficulties that have occurred in Russia and the nature of the relationship between the OSCE and Russia. I ask you to expand on where those issues currently stand. Does the OSCE have a view of the most recent Russian elections? Presumably you do not because you could not monitor them. I would be interested if there is a view.

I also noticed with some curiosity that one of the briefing papers we have been given suggests there have been no meetings of heads of state under the auspices of the OSCE since 1999, primarily because of a row with Russia. I would be concerned about the capacity of an organisation to function properly if one state by its obduracy can prevent the heads of state meeting to plot a path for the future. I note that foreign ministers still meet. Like some other speakers, I am very aware of the organisation but not all that familiar with its functioning. Mr. Oliver might tell us a bit more about the Parliamentary Assembly, of which there are approximately 300 members. How are they selected? On what basis does any member of parliament from any of the states who have signed up to the OSCE become involved in the Parliamentary Assembly? Is there a uniform procedure applicable in different countries? Mr. Oliver might expand on that.

I noted that three persons are appointed to deal with issues of religious discrimination, including anti-Semitism which is a growing problem in Europe in particular states such as France. I would be interested in the most recent report into the growth in that phenomenon and what constructive input the OSCE has made to tackle it.

Regarding the points made by Senator Norris on rendition, I would agree that no evidence was produced in relation to Shannon. The Ministers attended the committee and we were very concerned about that issue. There were records of some planes which had been used in rendition travelling through Shannon. That is the only kind of suggestion that was there.

We did not expect any but some technical explanation.

The Government had been warned by the committee and others.

This was discussed at length at the committee. There were planes identified as potentially used for rendition, but it was found not to be the case. We had the famous case of six golfers going to Ballybunion on one of the planes. It is important to get some balance. It is an issue on which the committee——

The CIA were hiring planes to play golf in Ballybunion.

We all thought they were going to Portmarnock.

Senator Norris referred to the Russian population of South Ossetia. My understanding is that the Russian authorities issued many passports to people there who did not necessarily request them and that the figure for Russian citizens living in South Ossetia may be fabricated. Mr. Oliver might deal with that point.

Mr. Spencer Oliver

Although I am an American, I do not represent the US Government or necessarily share its views. The issue of Shannon and rendition is really a bilateral matter between Ireland and the United States. We had a special representative on Guantanamo because a number of parliamentarians thought it was an issue we should address. The president of the assembly appointed the president of the Belgian Senate, Anne-Marie Lizin, as a special representative. She went to the United States several times and visited Guantanamo three times. I was there with her on the last visit and she has issued several reports about her conclusions which can be found on our website. The Parliamentary Assembly passed a resolution at its most recent session condemning rendition. The American delegation to the OSCE Parliamentary Assembly, consisting of both Republicans and Democrats from the House and Senate, were unanimously critical of Guantanamo and called for its closure as soon as possible.

We have a special envoy on Georgia, our former president who was there a few weeks ago. Two weeks ago he was in America talking to people there and today he is at a meeting in the Russian Foreign Ministry to try to get everyone's point of view on what happened and what may happen in the future. The Russians have apparently pulled troops out of the buffer zone adjacent to Abkhazia and South Ossetia, which will be monitored by the European Union. The OSCE has no particular role in that area at the moment but we have 20 monitors in the buffer zone and eight OSCE employees in the sub-mission in Tskinvali, five of whom are locals. They are very restricted in where they can go, what they can do and the people to whom they can speak. The mission's mandate will run out at the end of December and it requires unanimous consent in the OSCE for it to be continued. That means the Russians would have to agree. They have not agreed to our reinforcing that mission by adding personnel to it.

The reports we are receiving are not very comprehensive or satisfactory. There are 130,000 refugees in Georgia from the affected areas in South Ossetia, Abkhazia and the buffer zone. Our special envoy and some of my staff have visited those refugees. It is a great human tragedy and a very difficult situation for Georgia. As to who was responsible for what, many people are looking at this from various angles, including the Georgian parliament. One of these days we will find out what really happened and why, who pulled trigger and who was responsible for what. We met the president of the assembly and three weeks ago I met the Russian Foreign Minister in Moscow and listened to his point of view on this subject, blaming Saakashvili's impetuosity for triggering this violence. At our annual Fall meeting in Toronto two weeks ago we had a special debate on Georgia with the Georgian Foreign Minister and the Russian ambassador to the United Nations, who led a debate, along with our special envoy, on the situation in Georgia. The debate continued for four and a half hours with parliamentarians from more than 40 countries participating.

One of the things the Parliamentary Assembly does is promote interparliamentary dialogue. We do not pass laws that are binding on anybody. The chairmanship of the OSCE which is representative of the governmental side is now with the Finnish Foreign Minister, Alexander Stubb. Although we interact and work very closely with the Finns, they are not obligated to do anything we say, although they are very co-operative. Many of our resolutions are directed towards the chairmanship, towards the permanent council and other institutions in the OSCE. They are advisory recommendations; they are not binding in any way. To that extent we cannot do very much.

The OSCE has a series of mechanisms to deal with early warning. The High Commissioner on National Minorities, Knut Vollebaek, the former foreign minister of Norway, travels very quietly in the various areas where there are minorities who are experiencing difficulties. He is engaged in mediating, conciliating and reporting on these situations. It was obvious to everybody in the OSCE hierarchy that Georgia was in a very precarious position and that threats had been made by Russia ever since the recognition of Kosovo as an independent state. As to what the implications might be for South Ossetia, Abkhazia, Transdniester and other areas, there was verbal sparring between Saakashvili and the Russian leadership which had been going on for many months. There were incidents in the border area between South Ossetia and Georgia where there were outbreaks of gunfire and violence from time to time. It was not surprising, once there was high level engagement, that there would be a full-scale engagement that would result in the use of overwhelming force by Russia. There was no doubt what the outcome would be. The question now is why this happened and who started it. That is something we will learn one of these days.

We monitored the US elections in 2004. One of the great things about monitoring elections in the west is that you can read in the newspapers or on the Internet about almost everything that happens. It is not as though somebody is stealing votes in the back room and nobody knows about it. The main shortcomings in the American elections in 2004 and in 2000, 2002 and 2006 related to election day and the counting. On election day there were efforts to intimidate voters, particularly in minority areas, to prevent them from voting. In Ohio it turned out that the Secretary of State, who was a Republican, did not allocate enough voting machines in the heavily Democratic and black areas of Cleveland, and there were lines of people waiting to vote until 2 a.m. or 3 a.m. Many people did not wait that long and left. We were very critical of these things. We have also been looking very closely at the use of electronic voting, particularly where there is no paper trail. In Tampa, Florida in 2006 we monitored this, but we were well aware that there was a congressional race in which 25,000 fewer votes were cast than in all the other races on the ballot. Nobody can explain this because there was no paper trail for the voting machines.

In monitoring the American elections this time, we began in August contacting the various agencies at state and Federal level as to how we could receive information and access for monitoring. We have a body known as the Election Assistance Commission, created by the Help America Vote Act passed by Congress after the 2000 election when we had the famous "hanging chads" in Florida. The Election Assistance Commission briefed 60 of our parliamentarians in Washington two weeks ago and my staff is working with them in the states where our people are deployed to meet with those responsible for trying to improve the voting system, whether it be electronic or otherwise. We will have an opportunity to judge not only what was recommended but how these recommendations are being carried out. The International Foundation for Electoral Systems is going to do a full briefing on the various kinds of voting machines, the different electronic and paper machines. Between 150 and 200 parliamentarians will be thoroughly briefed in Washington on these procedures. We were there two weeks ago for the briefings from the majority leader of the House, Steny Hoyer, and the minority whip, Roy Blunt, Democrat and Republican. We heard from the two senior representatives, the executive director of the Democratic National Committee and the political director of the Republican National Committee, from various journalists and pundits gave their view on the election and where they saw the problems.

Deputy Higgins referred to negative campaigning. This is a factor which has increasingly plagued US elections in the past 20 or 30 years, particularly with the advent of television advertising and 30-second advertisements which lend themselves to this kind of negative suggestive content. The polls show that the American public are fed up with this. Charlie Black, one of Mr. McCain's advisers who is famous for these campaigns, when criticised after an election claimed he had never heard anyone say that negative campaigning did not work. I think it probably does, but it is a terrible thing. I do not think anyone else has a system like ours that allows this sort of thing to the degree to which it is practised in the United States.

All the 55 states in the OSCE are committed to democracy and are all supposed to be democracies to one degree, but no two electoral system are exactly alike. Each parliamentary system is somewhat different from another. Some have two houses of parliament, others have one; some have proportional representation, some do not; some have high thresholds, some have low thresholds; some have the "first past the post" systems, others have a pure list system. It ranges across the whole spectrum. In a democracy it is normally the parliament or the people who decide what kind of system they want. If they are happy with that system and people are able to express their opinion and their will is expressed and respected in the elections, then it is not up to us to say it is good or bad.

We find in many of these places efforts by the government or by one side or the other to use power to disadvantage the opposing side to the extent that they are not allowed to vote, to participate or to campaign. In Russia we monitored the elections in 2003. The ODHIR did not go, but we monitored the elections very thoroughly. We had people all over the country from Vladivostock to St. Petersburg and our judgment is that it was not a fair election because the government had merged itself with United Russia. Putin, even though he was not a member of the party, in effect asked people to vote for him, his government, his policies and for United Russia. This virtually eliminated what would be called the liberal opposition so that it ended up with only Zhirinovsky's party, the Communist Party and the party of Putin. We have seen in Kazakhstan, in Kyrgyzstan and most likely in Belarus two weeks ago that their use of the pure list system has resulted in one party parliaments, where nobody in the opposition gets in. We have constantly cautioned that if they do not have legitimate opposition, they do not have democracy.

Parliamentarians, more than anyone else, bring to election monitoring visibility and credibility. As elected politicians they are practitioners of the art and they understand what elections are about. They can determine rather quickly whether something is wrong and whether it is fair. They give visibility to the OSCE'S effort in this field because the media in their own countries follow what they have to say. Because they are known figures as politicians, the media will ask their opinion about a given election. That credibility is very valuable in making the OSCE the leading election observation organisation, certainly in the OSCE world. It is a valuable asset for the organisation. When these elections are monitored, parliaments take to heart what their peers say. A parliamentarian, even if elected in a one-party system, wants to be respected as a member of parliament and wants his colleagues from other countries to afford him that respect. On a number of occasions when we have criticised elections, the leaders of the parliament, the government or the election commission have asked what they can do to improve election law. The Parliamentary Assembly and the OSCE through its Office for Democratic Institutions and Human Rights has undertaken that effort and it has been very helpful in a number of cases.

Regarding the mechanisms we employ, parliamentarians cannot spend six weeks in a particular place, but the long-term observers supplied by ODIHR who might be civil servants, retired diplomats, party operatives or academics go to these countries and prepare the ground for the parliamentarians, who are also briefed in advance by us and by their governments. In almost all these countries there are diplomatic establishments and ambassadors who also brief the parliamentarians. They receive periodic updates on developments.

In the American elections we started by contacting the political organisations, the parties, the campaigns, the Federal Election Commission, the Lawyers' Committee for Human Rights and others who monitor election procedures. Then we had a two-day briefing in Washington. One of our vice presidents is to visit six states this week with some of our staff to lay the groundwork for the deployment of our monitors in late October. We will have two full days of briefings in Washington by everybody you would want to hear from if you were interested in the conduct of the election. Two days after the election we will hold a press conference to give an opinion. The visibility and credibility of parliamentarians from 40 or so European states and Canada will give credence to the OSCE election observation activities.

I do not want to comment on Shell Oil. That is not an OSCE issue.

We have a special representative for gender issues who follows what goes on in the OSCE institutions in terms of gender balance in staff and employment practices. Gender balance is one of the main objectives of the OSCE. The governmental structure of the OSCE has improved considerably because of this constant reminder by our gender representative, who gives three reports a year and visits the various institutions. I am proud to say that the OSCE'S parliamentary assembly's staff gender balance has been almost 50:50 for about ten years. We are quite pleased with our performance in that regard. As a result of our efforts, a gender adviser has been put into the hierarchy of the OSCE in the Secretary General's office, who monitors this matter on a full-time basis. Each of the 19 OSCE field missions, in the Balkans, the Caucasus and Central Asia has an officer responsible for gender issues. We have been quite successful in sensitising the OSCE and a number of participating states to the need for improvement in gender equality.

If I did not answer any questions, I will be happy to respond further.

That is an excellent demonstration of the work being done. You have extensive knowledge of current situations and of the importance of parliamentary networking and involvement, which is clearly valuable and relevant in election monitoring. Parliamentarians take to heart what their parliamentary peers say. One can speak with conviction of experiences one has had, particularly in countries where they are trying to establish parliamentary democracies. There is often a lot of convincing to be done. Being a parliamentarian is, at the best of times, a risky business. People are sometimes afraid of the risks involved. It certainly puts one in touch with humanity and the realities of various challenges. Parliamentarians have a particularly role in convincing their peers to accept change, while at the same time learning from them.

Thank you for coming to the committee and giving your time so generously. We are certainly more aware of the valuable contribution you are making. We will convey that to our colleagues. What you have said has been recorded and will be printed. We wish you every success in your work.

Mr. Spencer Oliver

Thank you. It was an honour.

The joint committee went into private session at 4.05 p.m. and adjourned at 4.35 p.m. sine die.
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