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entitled 'NATO Enlargement: Report Is Responsive to Senate 
Requirements, but Additional Information Could Be Useful' which was 
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Report to Congressional Committees:



November 2002:



Nato Enlargement:



Report Is Responsive to Senate Requirements, but Additional Information 

Could Be Useful:



GAO-03-255:



Highlights of GAO-03-255, a report to  Senate and House Committees on 
Armed 

Services and Appropriations, the Senate Committee on Foreign Relations, 
and 

the House Committee on International Relations.



Why GAO Did This Study:



On November 21 and 22, 2002, the North Atlantic Treaty Organization 

(NATO) 

will consider the admission of new members to the alliance.  To 

facilitate 

congressional deliberations on NATO enlargement, the United States 

Senate 

mandated in 1998 that GAO review and assess a report that Congress 

directed 

the President to provide on countries seeking membership in NATO.  

The 

President submitted a classified report to Congress on August 26, 

2002.  To 

fulfill its mandate, GAO determined if the report met the Senate’s 

requirements 

and if the cost estimates were sound.



What GAO Found:



The President’s report responded to the mandated requirements with 

information that 

was generally accurate and current.  The report provided a detailed 

discussion of 

each country’s eligibility in terms of defense, budgetary, information 

security, 

legal, and economic issues. However, the discussion of each country’s 

efforts to 

implement democratic principles and reforms was limited.  That 

discussion did not 

reflect the challenges these countries face in the transition to 

democratic 

societies—or their efforts to address those challenges—in areas 

such as civil 

liberties, judicial independence, human rights, and minority rights.  

These are 

important principles of the alliance and a fuller discussion could 

be useful.  GAO 

provides additional information on these issues in appendix II to 

help Congress in 

its deliberations on NATO enlargement.  The figure below shows 

current NATO members 

and the nine countries that will be considered for membership in 

November 2002.



The National Security Council generally concurred with the contents 

of this report.



Figure: European NATO Members and Countries Seeking NATO Membership:



[See PDF for image]



Source: GAO.



[End of figure]



What GAO Recommends:



GAO is not recommending executive action.  Because NATO’s political 

goals for countries 

seeking membership focus on developing democratic institutions and 

principles, GAO has 

included material in this report that goes beyond the information 

contained in the 

President’s report.  If Congress finds this material useful during 

upcoming deliberations 

on NATO enlargement, it may wish to request that future reports 

contain more detailed 

information on these issues.



Contents:



Letter:



Results in Brief:



Background:



Report Responded to Mandate, but Additional Information Could Be 

Useful:



As a Preliminary Assessment, Cost Estimates Were Reasonable:



Conclusions:



Matter for Congressional Consideration:



Agency Comments:



Appendixes:



Appendix I: Scope and Methodology:



Appendix II: Additional Information on the Implementation of 

Semocratic Principles and Reforms in Countries Seeking NATO

Membership:



General Information on Countries Seeking NATO Membership:



Albania:



Bulgaria:



Estonia:



Latvia:



Lithuania:



Former Yugoslav Republic of Macedonia:



Romania:



Slovakia:



Slovenia:



Appendix III: Independent Assessments of Progress toward Democracy:



Analyses of Democracy:



The European Union Assesses Implementation of Its Political 

Requirements:



Appendix IV: Independent Assessments of Economic Development:



Two Studies Rate Economic Freedom:



Rating of Economic Liberalization:



The European Union Assesses Development toward Market Economies:



Tables:



Table 1: General Information on Countries Seeking NATO Membership:



Table 2: Ethnic Distribution of the Populations of Countries Seeking 

NATO Membership:



Table 3: Freedom House Political Ratings, 2001-2002:



Table 4: Freedom House Nations in Transit Scores--Democratization 

Scores, 2002:



Table 5: Freedom House Nations in Transit Scores--Rule of Law Scores, 

2002:



Table 6: European Union Political Assessments, 2001:



Table 7: Freedom House Nations in Transit Scores--Economic 

Liberalization, 2002:



Table 8: European Union Economic Assessments, 2001:



Figures:



Figure 1: Countries Participating in NATO’s Membership Action Plan and 

Current European NATO Members:



Figure 2: Indexes of Economic Freedom for NATO Members and Countries 

Seeking NATO Membership:



Letter:



November 15, 2002:



Congressional Committees:



On November 21 and 22, 2002, the North Atlantic Treaty Organization 

(NATO) will consider whether to invite new members into the alliance 

from a list of nine countries seeking NATO membership.[Footnote 1] NATO 

wants new members to be democracies, have harmonious relations with 

neighboring countries, modernize and restructure their defense 

capabilities, protect civil liberties and human and minority rights, 

and have an open market economy. The admission of new members requires 

ratification by two-thirds of the United States Senate. The last time 

NATO considered adding new members, Congress was concerned that the 

President did not provide sufficient information in a time frame that 

facilitated congressional deliberations on the countries invited to 

join NATO. As a result, the Senate mandated that the President provide 

Congress with information on countries seeking to join the alliance--

before NATO made any decision on enlarging its membership.[Footnote 2] 

In particular, the President was required to assess how countries would 

further the principles of the North Atlantic Treaty, contribute to 

North Atlantic security, and affect U.S. national security interests. 

He also was required to evaluate countries’ eligibility for membership 

and estimate the military requirements and costs associated with a 

country’s membership for both NATO and U.S. budgets.



The Senate mandated that we review and assess the President’s report. 

To fulfill that mandate, we determined if (1) the report met the 

Senate’s requirements and the information was accurate and current and 

(2) the methodology for deriving cost estimates was sound.



To assess the President’s report, we developed an extensive array of 

documentary and testimonial information from a broad spectrum of 

sources, including U.S. government and military reports and analyses, 

government reports and analyses of the countries seeking NATO 

membership, discussions with aspirant country delegations to NATO, and 

discussions with a broad range of research organizations and experts. 

We also conducted in-depth data gathering in three aspirant countries-

-Bulgaria, Latvia, and Slovenia--that included meetings with several 

government agencies and a variety of private-sector, nongovernmental, 

and research organizations. See appendix I for a detailed description 

of the scope and methodology.



The President submitted his report to Congress on August 26, 2002. In 

presenting the results of our assessment, we have not discussed the 

specific conclusions or information in the President’s report because 

that report is classified.



Results in Brief:



The President’s report responded to all of the mandated requirements 

for each of the nine countries seeking NATO membership. The information 

in the President’s report was generally accurate and current. It was 

generally consistent with the data we collected independently from a 

broad array of U.S. government, NATO, and foreign government sources as 

well as research and other nongovernmental organizations. The report’s 

discussion of country eligibility for membership presented a detailed 

discussion of defense, budgetary, information security, legal, and 

economic issues. However, the discussion of countries’ efforts to 

implement democratic principles and reforms was limited. The report did 

not provide a full understanding of the challenges facing these 

countries and their efforts to address those challenges in areas such 

as civil liberties, judicial independence, human rights, and minority 

rights. These issues represent some of the key principles of the 

alliance. We are providing additional information on these issues in 

appendix II to help Congress in its deliberations on NATO enlargement.



We found that the report’s methodology for estimating potential cost 

impacts, while preliminary, was reasonable. The report provided 

classified cost estimates for the potential impact of a country’s 

membership on NATO’s shared costs, NATO members’ shares of those costs, 

and U.S. defense and other budgets. The report based its estimate of 

the impact on NATO’s shared costs on a prior methodology developed by 

NATO to estimate the costs of adding the Czech Republic, Hungary, and 

Poland to NATO--a methodology we found to be reasonable. To apply that 

methodology to the nine countries seeking membership in 2002, however, 

the President’s analysis made a number of adjustments, including for 

inflation, to make the prior cost estimates for military requirements 

current. Both the assumption and adjustments were generally reasonable.



In this report, we include a matter for congressional consideration. 

Because NATO’s political goals for countries seeking membership focus 

on developing democratic institutions and principles, we have included 

material in this report that goes beyond the information contained in 

the President’s report. If Congress finds this material useful during 

upcoming deliberations on NATO enlargement, it may wish to request that 

future reports contain more detailed information on these issues.



The National Security Council generally concurred with the contents of 

this report.



Background:



The North Atlantic Treaty was signed on April 4, 1949, by 12 European 

and North American countries to provide collective defense against the 

emerging threat that the Soviet Union posed to the democracies of 

Western Europe. Since its inception, the alliance’s key objective has 

been to achieve a lasting peace in the North Atlantic area that is 

based on the common values of democracy, the rule of law, and 

individual liberty. Article 10 of the treaty permits accession of 

additional European states if they are in a position to further the 

treaty’s principles and contribute to North Atlantic security. While 

members must unanimously agree to any new country’s accession, the 

treaty contains no explicit criteria that a country must meet to join 

the alliance. NATO’s invitations to countries to join the alliance are 

political decisions based on the unanimous agreement of members.



Since its inception, NATO has enlarged its membership four times as 

changing political and strategic circumstances have warranted. The 

first three occasions were linked to confrontation with the Communist 

bloc, particularly the Soviet Union, and were taken to meet pressing 

strategic and security needs. Turkey and Greece joined NATO in 1952 for 

strategic reasons, permitting NATO to shore up its southern flank to 

forestall Communist military action in Europe at the height of the 

Korean War. West Germany joined the alliance in 1955 after agreeing to 

maintain extensive NATO forces on its territory and to place its 

national army within NATO’s integrated command structure. With Spain’s 

membership in 1982, NATO gained better access to Spain’s air and naval 

bases, while the newly democratized nation improved its chances of 

joining the European Economic Community.



A significantly different strategic environment marked the fourth, and 

latest, enlargement, when NATO’s goal was to extend stability eastward 

into the political vacuum resulting from the Soviet Union’s collapse. 

In 1994, NATO committed to enlarging its membership to include the 

newly democratic states of the former Communist bloc. As a result, 

Poland, Hungary, and the Czech Republic joined the alliance in 1999, 

and several more east and central European countries are seeking 

membership.



At the 1999 summit meeting in Washington, D.C., NATO promulgated, among 

other things, the Membership Action Plan, to provide guidance and 

counseling to other NATO aspirants to facilitate their preparations for 

possible membership. The plan sets forth defense, budgetary, 

information security, legal, political, and economic goals for 

countries to work toward to enhance their readiness for membership. 

Essentially, NATO wants countries that are seeking to join the alliance 

to (1) be democracies that are based on the rule of law; (2) have 

harmonious relations with neighboring countries and settle 

international disputes peacefully; (3) provide and protect civil 

liberties, human rights, and minority rights; and (4) have an open 

market economy. In addition, NATO wants countries to modernize and 

restructure their defense capabilities to be interoperable with NATO 

and, hence, to be able to contribute to NATO operations. To reach that 

goal, NATO would like countries to spend at least the equivalent of 2 

percent of their gross domestic product on defense development. 

Countries also need to implement NATO requirements for handling and 

securing NATO classified information and to be free from legal barriers 

that would prevent a country from deploying forces abroad or hosting 

foreign troops on their territory. Each country participating in the 

Membership Action Plan develops an annual plan of actions that it will 

pursue to achieve those goals. NATO reviews the plans and progress 

implementing them and provides annual feedback to each country. 

Representatives of NATO’s newest members, as well as representatives of 

the countries currently seeking NATO membership, generally agree that 

the program has provided crucial guidance and is a major success in 

assisting countries’ preparations.



As of September 2002, there were nine countries participating in the 

Membership Action Plan--Albania, Bulgaria, Estonia, Latvia, Lithuania, 

the Former Yugoslav Republic of Macedonia,[Footnote 3] Romania, 

Slovakia, and Slovenia--and at least one additional country, Croatia, 

was poised to begin participation in the fall of 2002. The nine 

countries have undergone three annual planning cycles and will submit 

their fourth annual plan to NATO in the fall of 2002. At its summit 

meeting in November 2002 in Prague, NATO will decide which of these 

countries should be invited to join the alliance in the next round of 

enlargement. Figure 1 shows the nine countries participating in the 

Membership Action Plan and current European NATO members.



Figure 1: Countries Participating in NATO’s Membership Action Plan and 

Current European NATO Members:



[See PDF for image]



Source: GAO.



Note: The United States and Canada are also members of NATO.



[End of figure]



Report Responded to Mandate, but Additional Information Could Be 

Useful:



The President’s report responded to all of the Senate’s information 

requirements for each of the nine countries seeking NATO membership, 

providing information that was generally accurate and current. 

Discussion of countries’ eligibility addressed their achievements 

toward the goals in NATO’s Membership Action Plan; those goals include 

defense, budgetary, information security, legal, economic, and 

political goals. Discussion of most of these goals was generally 

detailed, but discussion of the implementation of democratic principles 

and reforms was limited.



The Report Responded to the Mandate’s Requirements:



The President’s report responded to the five requirements in the 

Senate’s mandate and provided responses with regard to each of the nine 

countries. The five requirements were to assess (1) how countries would 

further the principles of the North Atlantic Treaty and contribute to 

North Atlantic security, (2) how countries would affect U.S. national 

security interests, (3) countries’ eligibility for membership, (4) the 

impact on NATO’s costs and members’ shares of those costs, and (5) the 

impact on U.S. defense and other budgets. No major events appear to 

have been excluded. The information provided in the report was 

generally accurate and current and generally consistent with the data 

we collected independently from a broad array of U.S. government, NATO, 

and foreign government sources as well as research and other 

nongovernment organizations. The report’s cutoff date for the 

timeliness of the information was July 15, 2002, and the time frames 

for events, particularly recent ones, were usually identified. No 

recent events have occurred to alter the general information provided 

in the report.



First, to assess how countries would further the principles of the 

North Atlantic Treaty and contribute to North Atlantic security, the 

President’s report discussed countries’ achievements in this area. For 

example, in discussing countries’ potential impacts on North Atlantic 

security, the report described countries’ contributions to regional 

peace--in particular, the ways in which countries address controversial 

issues with neighboring countries and their contributions to NATO 

operations. Second, to address the implications of countries’ 

membership for U.S. security, the President’s report provided a 

detailed discussion of the contributions that countries have made and 

continue to make to NATO operations in Europe’s Balkan region--such as 

operations in Bosnia and Kosovo--and their cooperation and assistance 

in the war on terrorism. To meet the two cost requirements, the report 

provided estimates of the potential impact of countries’ membership on 

both NATO costs and U.S. budgets. Finally, the bulk of the report 

addressed country eligibility by discussing their accomplishments in 

achieving the goals of NATO’s Membership Action Plan. As discussed in 

the next section, the report provided information about each country’s 

eligibility in relation to several of those issues, but there was 

limited discussion of the implementation of democratic principles and 

reforms.



Report Provided Limited Discussion of Some Eligibility Issues:



The President’s report presented a detailed discussion of the defense, 

budgetary, information security, legal, and economic issues surrounding 

each country’s eligibility for membership. The information was accurate 

and current. Discussion of defense issues, in particular, was 

extensive, describing for each of the nine countries its achievements 

in terms of five capability areas: (1) deployability and mobility; (2) 

sustainability and logistics; (3) consultations, command, and control; 

(4) effective engagement; and (5) survivability of forces and 

infrastructure. The report’s discussion of budgetary issues focused on 

each of the nine countries’ commitments to defense spending as a 

percentage of its gross domestic product, and the defense budget 

planning systems that each country has implemented. Discussion of 

information security and legal issues focused on the extent to which 

each country had met or achieved NATO requirements. For information 

security, the report assessed the extent to which each of the nine 

countries had implemented NATO requirements for personnel screening and 

the handling and storage of classified documents. Regarding legal 

issues, the report assessed whether a country’s constitution and/or 

laws provided any barriers to the deployment of the country’s troops 

abroad, or the hosting of foreign troops in-country, in support of NATO 

operations. In the economic area, the report discussed the status of 

each country’s economy.



Although the information provided in the report regarding the 

implementation of democratic principles and reforms was accurate and 

current, the discussion was limited. The report did not fully delineate 

the challenges facing the nine countries seeking membership or what 

they have been doing to address those challenges. The political goals 

addressed in NATO’s Membership Action Plan cover a broad spectrum, 

ranging from the implementation of democratic institutions, free and 

fair elections, the rule of law, judicial independence, and civil 

liberties to peaceful relations with bordering countries, peaceful 

settlement of international disputes, and protection of human rights 

and minority rights. However, the report’s discussion of the challenges 

facing the nine countries in such areas as civil liberties, judicial 

independence, human rights, and minority rights--as well as government 

efforts to address those challenges--was either limited or absent.



The nine countries seeking membership in NATO have been transitioning 

over the past decade from state-controlled communist systems to 

democracies and market-based economies. The political goals of the 

Membership Action Plan represent some of the key values of the 

alliance. Further, these countries have been pursuing the goals set 

forth in NATO’s Membership Action Plan by enacting new legislation, 

amending existing laws, and developing new programs to address many of 

these goals, especially within the past 2 years. Because of these 

considerations, we have provided additional information on countries’ 

implementation of democratic principles and reforms in appendix II to 

help Congress in its deliberations on NATO enlargement. We also provide 

the results of several independent analyses of countries’ progress 

toward implementing democracy and open economies in appendixes III and 

IV, which we believe will be useful in assessing countries’ eligibility 

for NATO membership.



As a Preliminary Assessment, Cost Estimates Were Reasonable:



The President’s report responded to the requirements for estimates of 

potential impacts of new members on both NATO and U.S. costs. The 

methodology in the President’s report for estimating potential cost 

impacts, while preliminary, was reasonable. Changes in some factors in 

the methodology for estimating the impact on NATO’s shared costs could 

change the resulting estimates. We have not included the actual cost 

estimates in this report because those figures are classified in the 

President’s report.



The report’s methodology for estimating the impact on NATO’s shared 

costs, in particular, was a reasonable approach for a preliminary 

estimate. The report based its assessment on a 1997 NATO methodology to 

determine the impact of adding three new members--Poland, Hungary, and 

the Czech Republic--on NATO’s commonly funded budgets. In prior work, 

we determined that approach was reasonable for the 1997 

analysis.[Footnote 4]



In applying that methodology to the current analysis, the report used 

the same determination of NATO’s military requirements applied to the 

1997 analysis.[Footnote 5] Those military requirements fall into four 

categories: (1) command and control, which reflects an extension of 

NATO’s communications links to the new members; (2) air defense, which 

reflects the integration of new members into NATO’s air defense 

systems; (3) reinforcement reception facilities, which reflect upgrades 

to infrastructure, particularly airfields, to receive NATO forces; and 

(4) training and exercises. According to a U.S. Department of Defense 

official, NATO will not determine specific military requirements for 

the 2002 round of enlargement until it offers invitations to individual 

countries. Without specific information on future NATO military 

requirements, it was reasonable to base a cost estimate on NATO’s 

previous assumptions regarding its military requirements. Estimates 

were provided for each country in each of those categories of military 

requirements. In applying the 1997 methodology, the report also used 

the 1997 NATO cost estimates for the types of projects needed to meet 

those military requirements.[Footnote 6]



According to the U.S. Department of Defense analysts who performed the 

analysis, the report updated the 1997 NATO methodology by assessing 

what the current list of countries seeking NATO membership might need 

in terms of NATO military funding for projects to meet NATO military 

requirements. Assessments of what military upgrades each of these 

countries would need were based on NATO and U.S. Department of Defense 

reports and analyses that had determined that seven of the nine 

countries had already met some of the requirements for air defense 

capabilities. The report then adjusted the costs applied in the 1997 

analysis to reflect U.S. dollars in 2002. We found these adjustments to 

be generally reasonable for a preliminary estimate. Once NATO has 

decided which countries to invite into the alliance, however, NATO 

plans to analyze the cost impacts on the basis of detailed country-

specific assessments of each country’s current infrastructure 

conditions and the upgrades needed to meet NATO military requirements.



Conclusions:



The President’s report responded to the Senate’s requirements. However, 

the limited discussion of the implementation of democratic principles 

and reforms in relation to countries’ eligibility for NATO membership 

did not reflect the challenges these countries face in making the 

transition to democratic societies or the breadth of activities they 

have engaged in to consummate that transition. Because the 

implementation of democratic principles represents important NATO 

principles, broader discussion of these issues could be useful for a 

full appreciation of the conditions and achievements of the countries 

seeking NATO membership.



Matter for Congressional Consideration:



Because NATO’s political goals for countries seeking membership focus 

on developing democratic institutions and principles, we have included 

material in this report that goes beyond the information contained in 

the President’s report. If Congress finds this material useful during 

upcoming deliberations on NATO enlargement, it may wish to request that 

future reports contain more detailed information on these issues.



Agency Comments:



We provided a draft of this report to the National Security Council. In 

oral comments, the council generally concurred with the contents of 

this report.



We are sending copies of this report to other interested congressional 

committees, the Chairman of the National Security Council, the 

Secretary of State, and the Secretary of Defense. We will also make 

copies available to others upon request. In addition, this report will 

be available at no cost on the GAO Web site at http://www.gao.gov.



Please contact me at (202) 512-8979 if you or your staff have any 

questions about this report. Key contributors to this report were F. 

James Shafer, Beverly Ann Bendekgey, Kelly Baumgartner, Monica Brym, 

Martin de Alteriis, Berel Spivack, Ernie Jackson, Janey Cohen, and Lynn 

Cothern.



Signed by Joseph A. Christoff:



Joseph A. Christoff, Director

International Affairs and Trade:



List of Congressional Committees:



The Honorable Joseph R. Biden, Jr.

Chairman

The Honorable Jesse A. Helms

Ranking Minority Member

Committee on Foreign Relations

United States Senate:



The Honorable Carl Levin

Chairman

The Honorable John W. Warner

Ranking Minority Member

Committee on Armed Services

United States Senate:



The Honorable Robert C. Byrd

Chairman

The Honorable Ted Stevens

Ranking Minority Member

Committee on Appropriations

United States Senate:



The Honorable Henry J. Hyde

Chairman

The Honorable Tom Lantos

Ranking Minority Member

Committee on International Relations

House of Representatives:



The Honorable Bob Stump

Chairman

The Honorable Ike Skelton

Ranking Minority Member

Committee on Armed Services

House of Representatives:



List of Congressional Committees (cont.):



The Honorable C. W. Bill Young

Chairman

The Honorable David R. Obey

Ranking Minority Member

Committee on Appropriations

House of Representatives:



[End of section]



Appendixes:



Appendix I: Scope and Methodology:



To assess the President’s report, we determined if each of the United 

States Senate’s information requirements listed in the legislative 

mandate was addressed and if the information provided was accurate and 

current. We also assessed the soundness of the methodology for deriving 

cost estimates. We did not independently assess foreign laws or 

regulations and based our discussion of those laws and regulations, 

particularly the information provided in appendix II, on secondary 

sources.



To assess whether the report met the Senate’s requirements, we met with 

and obtained documentation from representatives of numerous 

organizations, including the U.S. Department of Defense, the U.S. 

Department of State, the U.S. Central Intelligence Agency, the Carnegie 

Endowment for International Peace, the CATO Institute, the Center for 

Defense Information, the Center for Strategic and International 

Studies, the Council on Foreign Relations, The Heritage Foundation, the 

National Defense University, the Office for Democratic Institutions and 

Human Rights in the Organization for Security and Co-operation in 

Europe, the RAND Corporation, and the Woodrow Wilson Center for 

International Studies. We obtained extensive country-specific 

documentation from, and met at length with, all nine candidate country 

delegations to the North Atlantic Treaty Organization (NATO) in 

Brussels and several country delegations visiting the United States.



We also collected extensive documentary evidence from the reports and 

analyses of a broad range of organizations on the political, economic, 

defense, budgetary, information security, and legal issues related to 

the goals in NATO’s Membership Action Plan, including:



* the U.S. State Department’s country background reports, country 

commercial guides, and annual reports assessing human rights practices, 

religious freedom, and trafficking in persons;



* defense reform assessments prepared by the U.S. Department of 

Defense;



* the elections analyses of the Organization for Security and Co-

operation in Europe;



* country background reports of the Congressional Research Service, the 

U.S. Central Intelligence Agency, and the European Forum;



* the constitutions of countries seeking NATO membership, and 

assessments in the East European Constitutional Review;



* the European Union’s annual regular progress reports on the political 

and economic developments, and other preparations, of countries seeking 

membership in the European Union as well as other reports and 

documentation of the European Union, the European Parliament, and the 

European Commission;



* economic surveys of the Organization for Economic Cooperation and 

Development;



* the Fraser Institute’s annual assessments of economic freedom;



* Freedom House country ratings of political rights and civil liberties 

and its nations in transit country reports as well as reports from the 

International Helsinki Federation for Human Rights, Human Rights Watch, 

and Amnesty International;



* The Heritage Foundation’s index of economic freedom reports;



* the investment profiles of the European Bank for Reconstruction and 

Development;



* the Open Society Institute’s reports on minority protection and 

judicial independence;



* the International Press Institute’s world press freedom reviews;



* reports of the Regional Environmental Center for Central and Eastern 

Europe;



* evaluation reports of the Group of States Against Corruption;



* aspirant countries’ third annual national plan under NATO’s 

Membership Action Plan and related documentation; and:



* aspirant country defense modernization and reconstruction plans and 

planned defense expenditures.



We conducted in-depth data gathering in three aspirant countries--

Bulgaria, Latvia, and Slovenia--to check the validity of the 

information gathered from these and other sources. While visiting the 

three countries, we met with and obtained documentation from government 

officials in defense, foreign affairs, economic, justice, and 

administrative ministries; members of Parliament; and various 

nongovernmental groups, research organizations, and media 

representatives. While we acquired some updated information, we did not 

find discrepancies with the other information gathered.



We assessed the President’s report by determining the extent to which 

it addressed each of the mandated requirements. We assessed the 

accuracy of the information in the report by determining if it was 

consistent with the information in the sources we developed. We 

assessed the currency of the information by determining whether any 

recent events identified in our sources raised questions about the 

accuracy of any of the report’s main findings.



To assess the methodology for deriving cost estimates regarding the 

impact of a country’s membership on NATO’s shared costs, members’ 

shares of those costs, and U.S. defense and other budgets, we analyzed 

the methodology used in producing the estimated costs as well as the 

data on potential impacts for U.S. budgets. We examined the assumptions 

on which the estimates were based, reviewed the U.S. Department of 

Defense’s and NATO’s estimates for the 1999 round of enlargement, and 

interviewed the U.S. Department of Defense officials responsible for 

developing the estimates. We verified that the methodology the report 

said it used to assess the potential impact on NATO’s shared costs was 

in fact applied, but we did not independently verify the source data on 

which the cost estimates were based. While our assessment of that 

methodology is based on the approach selected, changes in some factors 

in the methodology could change the resulting estimates. For example, a 

change in NATO’s military requirements could lead to a higher or lower 

cost estimate.



We conducted our work between July 2001 and October 2002 in accordance 

with generally accepted government auditing standards.



[End of section]



Appendix II: Additional Information on the Implementation of Democratic 

Principles and Reforms in Countries Seeking NATO Membership:



Because the President’s discussion of the implementation of democratic 

principles and reforms in relation to countries’ eligibility for NATO 

membership was limited, this appendix provides additional information, 

by country, that we believe will be useful in understanding the 

challenges and developments in the nine countries seeking NATO 

membership and the actions their governments are taking to achieve the 

goals of NATO’s Membership Action Plan. The information provided is 

based on our review of the numerous sources identified in appendix I.



As the President’s report and the information contained herein 

illustrate, the countries that will be considered for membership at 

NATO’s summit meeting in Prague on November 21 and 22, 2002, have been 

active in pursuing the goals set forth in NATO’s Membership Action 

Plan. Countries have been enacting new legislation, amending existing 

laws, restructuring and modernizing their military forces and 

capabilities, and developing new programs, especially within the past 1 

to 2 years. As a result, many of those efforts are still in the process 

of being enacted and/or implemented, so there is little, if any, 

implementation history to assess in terms of their impact or benefits.



General Information on Countries Seeking NATO Membership:



The following tables provide general background information that could 

be helpful in understanding the issues discussed in this appendix. 

Table 1 provides an overview of the applicant countries’ population 

size, border countries, and the 2001 purchasing power parity gross 

national income per capita as well as data for the United States and 

average data for NATO. Table 2 provides information on the ethnic 

composition of each applicant country.



Table 1: General Information on Countries Seeking NATO Membership:



Country: Albania; Population (millions): 3.5; [Empty]; Border 
countries: 

Greece, F.Y.R. of Macedonia,[A]; F.R. of Yugoslavia[B]; 2001 purchasing 

power parity gross national income per capita (U.S. dollars): $3,880.



Country: Bulgaria; Population (millions): 7.7; [Empty]; Border 
countries: 

Greece, F.Y.R. of Macedonia,; F.R. of Yugoslavia, Romania, Turkey; 2001 

purchasing power parity gross national income per capita (U.S. 
dollars): 

5,950.



Country: Estonia; Population (millions): 1.4; [Empty]; Border 
countries: 

Latvia, Russia; 2001 purchasing power parity gross national income per 

capita (U.S. dollars): 10,020.



Country: Latvia; Population (millions): 2.4; [Empty]; Border countries: 

Belarus, Estonia, Lithuania, Russia; 2001 purchasing power parity gross 

national income per capita (U.S. dollars): 7,870.



Country: Lithuania; Population (millions): 3.8; [Empty]; Border 
countries: 

Belarus, Latvia, Poland, Russia; 2001 purchasing power parity gross 

national income per capita (U.S. dollars): 7,610.



Country: F.Y.R. of Macedonia; Population (millions): 2.0; [Empty]; 
Border 

countries: Albania, Bulgaria, Greece,; F.R. of Yugoslavia; 2001 
purchasing 

power parity gross national income per capita (U.S. dollars): 4,860.



Country: Romania; Population (millions): 21.7; [Empty]; Border 
countries: 

Bulgaria, Hungary, Moldova,; F.R. of Yugoslavia, Ukraine; 2001 
purchasing 

power parity gross national income per capita (U.S. dollars): 6,980.



Country: Slovakia; Population (millions): 5.4; [Empty]; Border 
countries: 

Austria, Czech Republic, Hungary, Poland, Ukraine; 2001 purchasing 
power 

parity gross national income per capita (U.S. dollars): 11,610.



Country: Slovenia; Population (millions): 2.0; [Empty]; Border 
countries: 

Austria, Croatia, Hungary, Italy; 2001 purchasing power parity gross 

national income per capita (U.S. dollars): 18,160.



Country: NATO average - all NATO; Population (millions): 43.8; [Empty]; 

Border countries: N/A; 2001 purchasing power parity gross national 

income per capita (U.S. dollars): 26,034.



Country: NATO average - Europe; Population (millions): 29.5; [Empty]; 

Border countries: N/A; 2001 purchasing power parity gross national 

income per capita (U.S. dollars): 20,577.



Country: United States; Population (millions): 284.8; [Empty]; Border 

countries: N/A; 2001 purchasing power parity gross national income per 

capita (U.S. dollars): 34,870.



[A] The official name is the Former Yugoslav Republic of Macedonia.



[B] The official name is the Federal Republic of Yugoslavia.



Sources: Population data are from the U.S. State Department, except 

F.Y.R. of Macedonia data, which are from the U.S. Central Intelligence 

Agency; data for Romania are from preliminary media reports of the 

results of the March 2002 census; data for the NATO average are GAO 

projections that are based on the International Monetary Fund’s 

International Financial Statistics, March 2002; and data for the United 

States are from the U.S. Census Bureau 2001 estimate. Information on 

border countries is from the National Geographic Society Map of Europe, 

2000. Data on purchasing power parity gross national income per capita 

are from the World Bank’s August 2002 World Development Indicators.



[End of table]



Table 2: Ethnic Distribution of the Populations of Countries Seeking 

NATO Membership:



Country: Albania; Ethnic composition: Ethnic group: Albanian; 
Percentage of 

population: 95.0.



Ethnic composition: Ethnic group: Greek; Percentage of population: 3.0.



Ethnic composition: Ethnic group: Other; Percentage of population: 2.0.



Country: Bulgaria; Ethnic composition: Ethnic group: Bulgarian; 
Percentage 

of population: 83.0.



Ethnic composition: Ethnic group: Turkish; Percentage of population: 
8.5.



Ethnic composition: Ethnic group: : Roma; Ethnic composition: 

Percentage of population: : 2.6.



Ethnic composition: Ethnic group: : Other; Ethnic composition: 

Percentage of population: : 5.9.



Country: Estonia; Ethnic composition: Ethnic group: Estonian; Ethnic 

composition: Percentage of population: 65.0.



Ethnic composition: Ethnic group: : Russian; Ethnic composition: 

Percentage of population: : 28.0.



Ethnic composition: Ethnic group: : Ukrainian; Ethnic composition: 

Percentage of population: : 2.5.



Ethnic composition: Ethnic group: : Byelorussian; Ethnic composition: 

Percentage of population: : 1.4.



Ethnic composition: Ethnic group: : Finnish; Ethnic composition: 

Percentage of population: : 0.9.



Ethnic composition: Ethnic group: : Other; Ethnic composition: 

Percentage of population: : 2.2.



Country: Latvia; Ethnic composition: Ethnic group: Latvian; Ethnic 

composition: Percentage of population: 55.8.



Ethnic composition: Ethnic group: : Russian; Ethnic composition: 

Percentage of population: : 32.3.



Ethnic composition: Ethnic group: : Byelorussian; Ethnic composition: 

Percentage of population: : 3.9.



Ethnic composition: Ethnic group: : Ukrainian; Ethnic composition: 

Percentage of population: : 2.9.



Ethnic composition: Ethnic group: : Polish; Ethnic composition: 

Percentage of population: : 2.2.



Ethnic composition: Ethnic group: : Other; Ethnic composition: 

Percentage of population: : 2.9.



Country: Lithuania; Ethnic composition: Ethnic group: Lithuanian; 

Ethnic composition: Percentage of population: 80.6.



Ethnic composition: Ethnic group: : Russian; Ethnic composition: 

Percentage of population: : 8.7.



Ethnic composition: Ethnic group: : Polish; Ethnic composition: 

Percentage of population: : 7.0.



Ethnic composition: Ethnic group: : Byelorussian; Ethnic composition: 

Percentage of population: : 1.6.



Ethnic composition: Ethnic group: : Ukrainian; Ethnic composition: 

Percentage of population: : 1.1.



Country: F.Y.R. of Macedonia; Ethnic composition: Ethnic group: 

Macedonian; Ethnic composition: Percentage of population: 66.6.



Ethnic composition: Ethnic group: : Albanian; Ethnic composition: 

Percentage of population: : 22.7.



Ethnic composition: Ethnic group: : Turkish; Ethnic composition: 

Percentage of population: : 4.0.



Ethnic composition: Ethnic group: : Roma; Ethnic composition: 

Percentage of population: : 2.2.



Ethnic composition: Ethnic group: : Serbian; Ethnic composition: 

Percentage of population: : 2.1.



Ethnic composition: Ethnic group: : Other; Ethnic composition: 

Percentage of population: : 2.4.



Country: Romania; Ethnic composition: Ethnic group: Romanian; Ethnic 

composition: Percentage of population: 89.0.



Ethnic composition: Ethnic group: : Hungarian; Ethnic composition: 

Percentage of population: : 7.1.



Ethnic composition: Ethnic group: : German; Ethnic composition: 

Percentage of population: : 0.5.



Ethnic composition: Ethnic group: : Other; Ethnic composition: 

Percentage of population: : 2.5.



Country: Slovakia; Ethnic composition: Ethnic group: Slovakian; Ethnic 

composition: Percentage of population: 85.8.



Ethnic composition: Ethnic group: : Hungarian; Ethnic composition: 

Percentage of population: : 9.7.



Ethnic composition: Ethnic group: : Roma; Ethnic composition: 

Percentage of population: : 1.7.



Ethnic composition: Ethnic group: : Czech; Ethnic composition: 

Percentage of population: : 0.8.



Ethnic composition: Ethnic group: : Ruthenian; Ethnic composition: 

Percentage of population: : 0.4.



Ethnic composition: Ethnic group: : Ukrainian; Ethnic composition: 

Percentage of population: : 0.2.



Ethnic composition: Ethnic group: : Other; Ethnic composition: 

Percentage of population: : 1.4.



Country: Slovenia; Ethnic composition: Ethnic group: Slovenian; Ethnic 

composition: Percentage of population: 87.8.



Ethnic composition: Ethnic group: : Croatian; Ethnic composition: 

Percentage of population: : 2.8.



Ethnic composition: Ethnic group: : Serbian; Ethnic composition: 

Percentage of population: : 2.4.



Ethnic composition: Ethnic group: : Bosniak; Ethnic composition: 

Percentage of population: : 1.4.



Ethnic composition: Ethnic group: : Hungarian; Ethnic composition: 

Percentage of population: : 0.4.



Ethnic composition: Ethnic group: : Macedonian; Ethnic composition: 

Percentage of population: : 0.2.



Ethnic composition: Ethnic group: : Montenegrin; Ethnic composition: 

Percentage of population: : 0.2.



Ethnic composition: Ethnic group: : Albanian; Ethnic composition: 

Percentage of population: : 0.2.



Ethnic composition: Ethnic group: : Italian; Ethnic composition: 

Percentage of population: : 0.2.



Ethnic composition: Ethnic group: : Other; Ethnic composition: 

Percentage of population: : 4.4.



Note: Percentages may not add to 100 due to rounding.



Sources: U.S. State Department Country Background Reports. Data for 

F.Y.R. of Macedonia are from the U.S. Central Intelligence Agency 

because U.S. State Department data were unavailable. :



[End of table]



Albania:



Located in the southwest Balkan region of Europe, Albania has a 

population of 3.5 million people. It shares a border with one NATO 

member--Greece, one country aspiring to NATO membership--the Former 

Yugoslav Republic of Macedonia, and a third country--the Federal 

Republic of Yugoslavia. After experiencing a financial collapse in 1997 

that triggered armed insurgencies, Albania adopted a new constitution 

in 1998 and since then has been consolidating democratic institutions 

and processes.



Civil Liberties:



The Albanian constitution and related legislation provide for the 

protection of individual liberties, such as freedom of expression, 

religion, the media, association, and movement, and the government 

generally respects those rights. The sources we reviewed, however, 

indicate that although Albania provides for freedom of the media, some 

concerns have been raised about the use of libel as a crime against 

journalists and about physical attacks on journalists. To help address 

concerns about media freedom, the government passed the Law on Public 

and Private Radio and Television in September 1998 to guarantee 

editorial independence and prevent censorship.



Democracy and the Rule of Law:



The government has made progress in providing for free and fair 

elections since the political unrest of 1997. Albania passed a new 

electoral law in May 2000 that (1) established a Central Election 

Commission as the main institution to oversee and verify elections and 

(2) adopted more efficient voter registration provisions. The 

Organization for Security and Co-operation in Europe reported that the 

2000 electoral law generally “provides a sound basis for democratic 

elections,” and that the 2000 local and 2001 parliamentary elections 

demonstrated progress toward meeting the standards of democratic 

elections.[Footnote 7]



The organization also noted several irregularities, however, in the 

2001 elections, including improper handling of ballot boxes and 

perceived political pressure on the Central Election Commission. The 

organization has issued recommendations to further improve laws 

governing elections, and the leaders of the two main political parties 

agreed in April 2002 to establish a bipartisan committee to develop 

proposals for electoral reform.



Human Rights:



Respect for human rights in Albania also has gradually improved since 

the 1997 insurgencies. Albania adopted a new constitution in 1998 that 

(1) provides protection for a broad set of human rights and (2) 

establishes a national ombudsman to both defend public rights and 

freedoms and to enforce the public’s right to information. Albania also 

has signed a number of international human rights conventions. While 

the Albanian government notes that the new constitution represents 

progress in strengthening human rights protections, it recognizes that 

many laws regarding human rights still need revision.



According to the sources we reviewed, there are two key concerns 

regarding the enforcement of human rights protections in Albania. 

First, police misconduct is considered to be a serious problem. Police 

are poorly paid and untrained and are reported to have used excessive 

force and torture. To address these problems, the government began 

implementing a 1999 law to reorganize the police at all levels and 

developed an education program for the police and the public. Second, 

Albania is a country of origin and transit for trafficking in human 

beings, and there are reports that the police were often directly or 

indirectly involved in the trafficking. The government states that one 

of its main priorities is the fight against trafficking in human 

beings, and it has developed a national strategy for pursuing that 

goal. For example, parliament passed changes to the Criminal Code in 

2001 that made trafficking in human beings a criminal offense. In 2001, 

the government also established a regional center for antitrafficking 

efforts to research the problem and to undertake police operations 

against trafficking rings. The U.S. State Department reported in its 

Trafficking in Persons Report for 2002 that Albania was not yet in full 

compliance with the U.S. minimum standards for eliminating trafficking 

in human beings but that Albania was making a significant effort to 

achieve compliance.[Footnote 8]



Minority Rights:



The constitution protects minority rights and Albanian legislation 

provides a legal framework for ensuring that ethnic minorities enjoy 

the same rights as Albanians. However, according to the U.S. State 

Department, the Roma and the Egyptians are among the most neglected 

ethnic minority groups in the country. The Roma, in particular, face 

discrimination in housing, employment, education, and political 

participation.[Footnote 9] To help address these issues, Albania became 

a member in 2001 of the Council of Europe Framework Convention for the 

Protection of National Minorities.



Destruction of Arms and Land Mines:



Albania is addressing a serious need for the destruction of arms that 

were left in weapons depots throughout the country. According to 

Albanian government officials, Albania stockpiled during the Cold War 

more than 130,000 tons of ammunition in 16 hazardous ammunition sites 

and over 150 storage facilities and produced more than 1.6 million 

antipersonnel land mines. During the 1997 internal crisis, looters 

seized hundreds of thousands of arms and ammunition, only some of which 

have been returned. According to a NATO official, Albania needs to 

improve its ammunition storage management to address issues of 

security, safety, and accountability.



The government has recently been trying to address this serious 

stockpile issue. For example, in 2000 the government ratified the 

Ottawa Convention on the prohibition of the use, stockpiling, 

production, and transfer of antipersonnel land mines and their 

destruction. That convention requires Albania’s disposal of its more 

than 1.6 million antipersonnel land mines by 2004. The Albanian 

parliament also has approved a new law that provides for the collection 

of weapons stolen during the 1997 armed insurgencies; the government 

has established a special police unit to handle the collection process. 

In 2001, Albania developed defense restructuring and modernization 

plans that also provide for the collection and destruction of these 

arms and mines. By September 2001, approximately 117,000 small arms and 

light weapons had been destroyed and, according to the government, only 

five hazardous ammunition storage sites remained.



Bulgaria:



Located on the Black Sea in the southeastern region of the Balkans, 

Bulgaria is home to about 7.7 million people. It borders two NATO 

members--Greece and Turkey--and two countries aspiring to NATO 

membership--the Former Yugoslav Republic of Macedonia and Romania--as 

well as the Federal Republic of Yugoslavia. Bulgaria experienced a 

period of social and economic unrest when it emerged from communism. 

The country was slow to undertake reforms until 1997 when a newly 

elected government accelerated economic reforms, helping to stabilize 

the country. The government elected in 2001 has remained committed to 

the implementation of political, economic, and defense reforms.



Civil Liberties:



The Bulgarian constitution guarantees civil liberties such as freedom 

of expression, the media, religion, association, and movement as well 

as protection of privacy. However, the sources we reviewed indicate 

that some of these constitutional guarantees may be limited in 

practice, including the guarantees of freedom of the media and 

protection of privacy. For example, in 2001 the International Helsinki 

Federation for Human Rights[Footnote 10] reported that limits on 

freedom of the media could derive from the possibility of criminal 

prosecution and punishment for insult and libel. The federation also 

reported assaults against journalists and continuing undue governmental 

influence over the media, especially the electronic media. In addition, 

the U.S. State Department and other sources indicate that the 

government exerts influence through official channels such as the 

National Radio and Television Council, which is a quasi-governmental 

body responsible for overseeing the national media and regulating 

private broadcasts. The U.S. State Department further reports that the 

government also uses less direct means of influence such as the 

diversion of advertising revenue away from media outlets that criticize 

government policies.



The government has embarked on a number of efforts to address these 

issues. For example, in 2000 the government adopted the Access to 

Public Information Act to establish broader public access to government 

information. In 2001, the government passed a new law that established 

an Electronic Media Council, whose members will be chosen by Parliament 

and the President, to regulate programming and issue licenses for the 

electronic media. Some questions remain, however, about the 

effectiveness of the implementation of these measures. For example, the 

International Helsinki Federation for Human Rights reported in 2001 

that organizations or persons seeking access to government information 

continue to meet with resistance from state bodies, such as the 

Ministry of Education, the Ministry of Justice, the Chief Prosecutor’s 

Office, and the Directorate of Religious Affairs. Further, 

implementation of the new Electronic Media Council has been slow.



In addition to concerns about limitations on freedom of the media, 

concerns have been expressed about the effectiveness of the 

constitutional protection for privacy. The U.S. State Department 

indicates that the Bulgarian government continues to infringe upon 

those rights. The sources we reviewed indicate that government security 

agencies--such as the National Intelligence Service, the National 

Bodyguard Service, and the Ministry of Interior’s National Security 

Service--act without sufficient judicial oversight. For example, the 

International Helsinki Federation for Human Rights reported in 2001 

that while the courts had issued more than 10,000 authorizations for 

wiretapping in 2000 at the request of the Ministry of Interior, a mere 

2 to 3 percent were actually used in criminal proceedings. Further, the 

U.S. State Department reported in 2002 that although the extent of the 

Ministry of Interior’s discretionary power to authorize telephone 

wiretaps and electronic listening devices without judicial review is 

unknown, concerns remained that government security agencies acted 

without sufficient oversight. In response to such concerns, a 

parliamentary commission charged with oversight of the “public order” 

agencies held hearings in 2002 on the issue of sufficient oversight.



Democracy and the Rule of Law:



The Bulgarian constitution and the Law on the Judicial System provide 

the judiciary with the legal and institutional basis for independence. 

Sources we reviewed, however, indicate that the judiciary is plagued 

with serious administrative problems, such as complicated funding 

procedures that lack transparency, inadequate training for judges, poor 

administration, and corruption. The Bulgarian government has recently 

developed a detailed Strategy and Implementation Program for the reform 

of the judiciary, and government sources indicate that implementation 

of the program has begun. The program covers a 5-year period with 

short-, medium-, and long-term priorities for developing European 

standards in justice, including constitutional and statutory changes, 

budgetary improvements, specialized courts, criteria for the selection 

of magistrates, disciplinary measures for magistrates, a national 

institute for vocational training of magistrates, and the provision of 

information technologies and software for the judiciary.



Human Rights:



The Bulgarian government provides for and generally respects the human 

rights of its citizens and has ratified most human rights conventions. 

According to the sources we reviewed, however, Bulgaria’s human rights 

record is considered poor in certain areas. The primary concerns, in 

addition to the trafficking issues discussed in the President’s report, 

include police brutality and misconduct and child abuse. The Bulgarian 

government has been addressing human rights problems. For example, 

within the National Police Service, a Human Rights Commission was 

established in 2000 to serve as the central authority responsible for 

the (1) review of human rights violations, (2) incorporation of human 

rights into police training, and (3) review of police regulations for 

compliance with signed international conventions on human rights. In 

addition, the Bulgarian government has reinforced the institutional 

framework for the protection of children by creating in January 2001 a 

new government agency, known as the State Agency for Child Protection, 

to improve coordination and implementation of policies at the national 

and regional level and to provide guidance to and control of municipal 

service on child protection activities. This agency is in the early 

stages of implementation and lacks adequate personnel and financial 

resources. A National Advisory Council for Child Protection was created 

at the same time to serve as a consultative body on child protection 

activities and is composed of members from eight government departments 

and associate members from several nongovernmental organizations and 

two international organizations.



Minority Rights:



The Bulgarian constitution and related legislation prohibit 

discrimination; Bulgaria also has ratified major international 

agreements aimed at protecting minority rights. Sources we reviewed 

indicate, however, that enforcement and implementation of provisions to 

protect minority rights have provided only minimal protection, 

particularly for the Roma population. Problematic areas include the 

absence of a systematic mechanism for monitoring discrimination and 

incomplete incorporation of treaty commitments on minority rights into 

legislation. To address minority issues in the country, the government 

established the National Council on Ethnic and Demographic Issues in 

1999, but implementation of the council’s efforts has been slow.



A serious concern regarding minority rights is that the Roma 

population, in particular, suffers from widespread discrimination in 

employment, education, health care, housing, social welfare, and the 

criminal justice system. To address the ongoing difficulties facing the 

Roma population, the government created a framework program for Roma 

integration in 1999, but implementation of that effort has been slow. 

According to the U.S. State Department, the only progress has been the 

hiring of a number of Roma representatives in various local, regional, 

and national government institutions.



Estonia:



With a population of 1.4 million, Estonia is the smallest of the 

aspirant countries. Located on the Baltic Sea, Estonia shares a border 

with another country seeking NATO membership--Latvia--and with Russia. 

Estonia regained its independence in 1991 and held its first elections 

in 1992. About 28 percent of Estonia’s population is composed of ethnic 

Russians.



Democracy and the Rule of Law:



The Estonian constitution and related legislation provide the legal and 

institutional framework to ensure democratic institutions and the rule 

of law as well as the independence of the judiciary. The sources we 

reviewed, however, raised some concerns about the effectiveness of 

public administration and the civil service as well as the judiciary’s 

ability to effectively implement the rule of law.



Estonia has made progress in modernizing its public administration and 

the civil service, and both operate satisfactorily. Transparency and 

coordination in civil service procedures, however, remain problematic. 

For example, the European Union indicates that the lack of transparency 

in recruitment and promotion threatens the impartiality of civil 

servants. According to Freedom House,[Footnote 11] the Estonian 

government began substantial reform of the civil service system in 

1996. In April 2001, the government approved a new reform program to 

further develop and improve the civil service system. The government 

also has acknowledged that more remains to be done to improve the 

recruitment, promotion, salary, training, and appraisal systems.



A lack of experienced judges, insufficient training of judges, and a 

large backlog of cases are considered to weaken the effective 

implementation of the rule of law. The government is trying to address 

these issues with ongoing reform of the court system and improvements 

in the training of judges. In February 2001, for example, the 

government adopted a training strategy that is expected to enhance 

judicial training.



Human Rights:



The Estonian constitution guarantees the protection of human rights, 

and the government generally respects those rights for its citizens and 

for the large ethnic Russian noncitizen community (about 13 percent of 

the total population are stateless). The Organization for Security and 

Co-operation in Europe found in December 2001 that Estonia was in full 

compliance with its recommendations on human rights and, as a result, 

closed its Estonian office. Estonia also has ratified most of the major 

international conventions in the field of human rights, although it has 

not ratified the United Nations Convention on the Status of Stateless 

Persons.



The government has employed several measures to enforce the protection 

of human rights. For example, in June 1999, the Legal Chancellor Act 

went into effect, combining the role of the Legal Chancellor--who has 

the power to ensure that the state maintains compliance with the 

constitution--with the responsibilities of an ombudsman to handle 

complaints by private citizens against state institutions on issues 

such as human rights and minority rights. Further, all residents--

whether or not they hold Estonian citizenship--may now file complaints 

about alleged violations of human or constitutional rights directly 

with Estonia’s Supreme Court, bypassing the local and regional courts.



Concerns have been raised, however, with regard to trafficking in human 

beings, police brutality, and poor prison conditions. According to the 

U.S. State Department, Estonia is a country of origin for trafficking 

in human beings. The government is addressing the trafficking problem 

through such activities as (1) a police awareness program, (2) joint 

efforts with Nordic countries on an antitrafficking campaign, and (3) 

work with an international organization on a public information 

campaign. Although there is no specific antitrafficking law in Estonia, 

the International Helsinki Federation for Human Rights reported in 2002 

that the new penal code adopted in June 2001 criminalizes trafficking 

in women, and the U.S. State Department determined that enforcement 

officials could fight trafficking with criminal laws against activities 

such as pandering, kidnapping, and inducing minors to engage in crime, 

extortion, and involuntary prostitution. The U.S. State Department also 

found in 2002 that Estonia was not in full compliance with the U.S. 

minimum standards for fighting trafficking, but it was making a 

significant effort to become so.



To address concerns about police brutality, the U.S. State Department 

reports that Estonian officials are working to develop, strengthen, and 

professionalize the police force. Prison conditions, overcrowding of 

prisons and detention centers, ill-treatment of prisoners, and a lack 

of training and funding also have been serious problems. To address 

those problems, the government adopted in March 2000 a 3-year 

development plan for reforming the prison system. In December 2000, the 

Imprisonment Act came into force to bring about some needed 

improvements. While some improvements have occurred--for example, the 

U.S. State Department indicates that work and study opportunities for 

prisoners have since increased slightly--the European Union reported in 

2001 that continued efforts were required to improve the serious 

problems that remain in prison conditions.



Minority Rights:



The constitution prohibits discrimination against minorities, and the 

Law on Cultural Autonomy provides for the protection of cultures 

belonging to minority groups of Estonian citizens. Ethnic Russians 

comprise about 28 percent of the Estonian population, and sources we 

reviewed indicate that the protection of this minority group is overall 

satisfactory. The government also has addressed concerns about minority 

rights by creating a roundtable of national minorities in 1993 to 

participate in the formulation of policies affecting minority 

populations and more recently through a government-approved minority 

integration program for 2000 to 2007. The European Union indicates this 

program has started and is partially funded by foreign assistance.



Although some officials in the United Nations, the Russian government, 

and local ethnic Russian communities have criticized the language 

requirements for both citizenship and employment, Estonia has amended 

its laws on citizenship and employment to bring the minimum language 

requirements into conformity with accepted international standards. The 

U.S. State Department indicates, however, that language training 

centers available in the country lack qualified teachers, financial 

resources, and training materials.



Latvia:



Located on the Baltic Sea, Latvia has a population of 2.4 million. It 

shares borders with two other countries seeking NATO membership--

Estonia and Lithuania--as well as with Russia. Latvia regained its 

independence in 1991 and held its first elections in 1993. About 30 

percent of Latvia’s population is composed of ethnic Russians.



Border Relations:



While Latvia enjoys good relations with its Baltic and Nordic 

neighbors, it has yet to resolve border demarcation issues with Russia, 

Belarus, and Lithuania. Latvia has ratified a border agreement with 

Russia, but the Russian parliament has yet to ratify the agreement. 

Latvia and Belarus have signed and ratified a border agreement, but the 

technical details remain to be implemented. According to Latvian 

officials, Latvia has completed its technical demarcation of the 

border, but Belarus has not had sufficient funding to complete its 

border demarcation. Latvia and the European Union have now provided 

Belarus with funding to finish its border demarcation, which the 

Latvian government hopes will be completed by the end of 2002. Latvia 

and Lithuania have signed a maritime border agreement to settle issues 

regarding oil exploration and fishing rights in the Baltic Sea. While 

Lithuania has ratified the agreement, Latvia has not yet done so.



Civil Liberties:



The Latvian constitution provides for the protection of individual 

liberties such as freedom of expression, the media, religion, and 

association, and the government generally respects those rights. Both 

Latvian and Russian language media sources operate in the country. The 

sources we reviewed indicate some concern, however, that Latvia may 

restrict media freedom through legislative restrictions on language 

content. For example, the Law on Radio and Television requires that no 

more than 25 percent of private broadcasts can be in a language other 

than Latvian. According to a Latvian expert on human rights issues, 

this legislation is a violation of freedom of expression in the media. 

The owner of a Russian language media outlet is challenging the law to 

bring it before the Constitutional Court.



Human Rights:



The Latvian government provides for and generally respects the human 

rights of its citizens and has ratified many major international human 

rights accords. The sources we reviewed, however, raised concerns about 

inefficiency in the judicial system, police brutality, and trafficking 

in human beings. First, the protection of human rights is considered to 

be impaired by inefficiency in the judicial system, which has a large 

backlog of court cases and, as a result, long pretrial detention 

periods often lasting over 1 year. Detention centers, as well as the 

prisons, are overcrowded and in poor condition. The causes of these 

problems are considered to be insufficient funding, training, and 

equipment for judges and bailiffs as well as an insufficient number of 

judges. The European Union noted in 2001, however, that the Latvian 

government is committed to strengthening the judicial system and is 

undertaking reforms to improve its efficiency. For instance, the 

government is considering draft legislation to modernize the law on 

criminal procedure and is introducing alternative sentencing options to 

reduce the backlog.



Second, there are reports of police misconduct in connection with 

suspects and detainees. The government acknowledges that police 

brutality exists, but feels that the number of incidents is not above 

the norm. In 2000, the government amended the Law on the Constitutional 

Court to allow individuals to file complaints directly to that court 

regarding violations of their rights.



Third, Latvia is a country of origin and transit for trafficking in 

human beings, which the government acknowledges. The U.S. State 

Department reported in 2002 that Latvia does not fully comply with 

minimum U.S. standards for eliminating trafficking, but the government 

is undertaking efforts to reach full compliance. While Latvia does not 

have a law defining trafficking in human beings as a crime, the 

government has introduced legislation to make this an offense.



Judicial Independence:



While the Latvian constitution provides for an independent judiciary, 

there is widespread concern that, in practice, the executive branch 

exerts influence over the judiciary. The European Union noted in 2001 

that the Ministry of Justice has considerable control over judicial 

administration, financing, and career paths. The government 

acknowledges that the executive branch consolidates and writes the 

courts’ budget but indicates that the courts are involved in this 

process. The Ministry of Justice is preparing new laws on judicial 

powers, court administration, and the establishment of a separate 

judicial council to oversee the courts.



Minority Rights:



Latvia has adopted measures to improve the protection of minority 

rights and has fulfilled recommendations on the protection of minority 

rights promulgated by the Organization for Security and Co-operation in 

Europe. As a result, the organization closed its monitoring mission in 

Latvia in December 2001.



The international community, however, has had concerns over perceived 

inadequate protection of ethnic minorities in Latvia, particularly with 

regard to ethnic Russians who represent about 30 percent of the 

population. The Latvian government has taken steps in three key areas 

to alleviate domestic and international concerns about the protection 

of minority rights. First, the Latvian government is addressing 

minority rights through a program for integration of society in Latvia 

that covers civic participation; political, social, and regional 

integration; and education, language, and culture. The program 

established an Integration Foundation to oversee the collection and 

allocation of funding for projects to support the participation of 

ethnic minorities in civil society, social and regional integration, 

economic development, and information campaigns. The European Union 

noted in 2001 that the program and related authorized funds represent 

considerable progress in promoting social integration.



Second, the government abolished a controversial election law requiring 

candidates for local and parliamentary elections to prove their 

proficiency in the Latvian language to be eligible to run in an 

election. The international community had criticized this requirement 

and the European Court of Human Rights rendered a verdict in 2002 

against the Latvian government for having removed the name of a 

candidate from the election lists because the candidate did not meet 

the requirement. The European Court concluded that Latvia infringed on 

the candidate’s right to stand in elections and awarded monetary 

damages to the defendant. The government subsequently abolished the law 

in May 2002.



Third, Latvia has been working to improve the naturalization process. 

This process has been criticized for lack of information on procedures 

and high naturalization fees. There are an estimated 520,000 

noncitizens in Latvia, mainly elderly ethnic Russians who speak limited 

Latvian; approximately 51,000 persons have received citizenship since 

1995. The government changed legislation in 2002 to lower the 

naturalization fee for low-income groups and to exempt graduates of 

minority secondary schools from the language proficiency naturalization 

test. It also created a professional naturalization board--which 

sources consider competent--to administer and score the naturalization 

exam. The board conducted a naturalization information campaign 

throughout the country in the Latvian and Russian languages between 

November 2001 and February 2002. It started a second information 

campaign in coordination with the British embassy in July 2002. The 

number of noncitizens passing the naturalization exam has increased.



Nevertheless, the Latvian government indicates that the 1998 Law on 

Education requires that by 2004, 75 percent of state-funded secondary 

education must be taught in the Latvian language. The government 

indicates that this law provides a sufficient basis for ethnic minority 

education because it balances the goal of minority integration into 

society with sufficient opportunity for learning about respective 

ethnic cultures. Further, the Ministry of Education states that it has 

developed four model programs that are based on the proportion of 

classes held in ethnic minority languages versus the Latvian language.



Lithuania:



With 3.8 million people, Lithuania has the largest population of the 

three applicant countries located on the Baltic Sea. Lithuania shares a 

border with a NATO member--Poland--and with another country seeking 

NATO membership--Latvia. Lithuania also borders the Kaliningrad Region 

of the Russian Federation, which became separated from Russia when 

Lithuania and Latvia regained their independence.[Footnote 12] 

Lithuania regained its independence in 1990, but the independence 

proclamation was not generally recognized until 1991. The first 

elections were held in 1992.



Border Relations:



The sources we reviewed indicate that Lithuania maintains good 

relations with its neighbors. According to the Lithuanian government, 

the situation of Kaliningrad on Lithuania’s border poses no military or 

political implications for Lithuania’s pursuit of NATO membership. 

First, the transport of Russian troops and arms between Russia and 

Kaliningrad has been carried out in complete accord with the 

transportation agreements signed by the two countries. Second, since 

1995 a number of intergovernmental agreements have been undertaken to 

address relations with Kaliningrad and Russia. For example, a 1999 

intergovernmental agreement on cooperation between regional and local 

authorities of Lithuania and Kaliningrad led to the establishment in 

2000 of a bilateral Lithuanian-Kaliningrad Region Cooperation Council 

to support cooperative efforts on the environment, border control, 

cross-border cooperation, culture, and health care.



The key issue for Russia is the ease or freedom with which residents of 

Kaliningrad will be able to travel to and from Russia once Lithuania 

joins the European Union. The European Union requires its member 

countries to maintain strict border controls, and unless the 

requirements are changed, residents of Kaliningrad would have to obtain 

visas to travel between Kaliningrad and the rest of Russia. According 

to media reports, the European Union and Russia reached agreement on 

November 11, 2002, to allow Russians traveling to and from Kaliningrad 

to use a special multiple-entry travel document, which is expected to 

go into effect in 2003.



Corruption:



Corruption and bribery in Lithuania are serious concerns. According to 

the European Union, the government reported that corruption occurs 

mainly in the field of public procurement and customs, with the most 

frequent type of corruption being administrative corruption within the 

government. Freedom House concluded in 2001 that corruption is one of 

the major obstacles to business development in Lithuania.



The government has recently made progress in the fight against 

corruption by pursuing several anticorruption measures. First, the 

Special Investigation Service--the agency established in 1997 to 

coordinate anticorruption efforts--strengthened its capabilities by 

(1) improving its organizational structure and (2) providing 

specialized training and adopting a code of honor for its officers. The 

European Union reports that the service has achieved considerable 

results in fighting corruption in Lithuania’s budgetary, municipal, and 

financial institutions as well as among civil servants working in 

privatization, customs, law enforcement, and other areas.



In addition, the government has developed a number of anticorruption 

measures, including adoption in September 2001 of a comprehensive 

“National Anti-Corruption Strategy,” which is a long-term project that 

specified the government’s main directions and priorities in the fight 

against corruption. Planned implementation of that strategy over a 7-

year period affects most areas of public administration, focusing on 

prevention and investigation of corruption, enforcement of 

anticorruption laws, and raising public awareness. Lithuania also, 

among other things, established a new unit within the Customs 

Department to investigate violations made by customs officials and has 

been participating in international anticorruption organizations such 

as the Council of Europe Group of States Against Corruption. The 

European Union reported in 2001, however, that further progress is 

needed in certain areas such as strengthening public administration and 

ensuring the transparency of administrative procedures to reduce 

administrative corruption.



Human Rights:



The Lithuanian constitution provides for the protection of human rights 

for its citizens, and the government generally respects those rights. 

While the sources we reviewed raised several concerns about human 

rights, the government has been working to address each problem. The 

concerns raised include police brutality, poor prison conditions, 

violence and discrimination against women, child abuse, and trafficking 

in human beings. The Lithuanian government has been addressing these 

and related human rights issues through such efforts as (1) improving 

safeguards that can prevent the ill-treatment of persons detained by 

the police; (2) reconstructing correction facilities and improving the 

poor--and life-threatening--conditions of prisons; (3) ratifying the 

United Nations Convention on the Elimination of All Forms of 

Discrimination Against Women; and (4) establishing a Children’s Rights 

Ombudsman in 2000 to control the implementation of relevant laws, 

oversee local children’s rights protection services, and investigate 

complaints. While institutional mechanisms for coping with 

discrimination and violence against women are developing slowly, the 

Children’s Rights Ombudsman has generated some improvements in dealing 

with child abuse.



According to the U.S. State Department, Lithuania is a country of 

origin, transit, and destination for trafficking in human beings. To 

fight that trafficking, Lithuania established an organized crime 

investigation service in 1997 in the police department. The government 

also has developed an antitrafficking program for 2002-04; an 

interministerial commission is to be established to coordinate 

implementation of that program. In 2002, the U.S. State Department 

determined that Lithuania fully complied with U.S. minimum standards 

for fighting trafficking. That determination means that a government 

has criminalized trafficking in human beings, successfully prosecuted 

the offense, and provided a wide range of protective services to 

victims.



Judicial Independence:



The constitution guarantees the independence of the judiciary, 

including the independence of judges and the separation of powers. The 

sources we reviewed, however, indicate that executive involvement in 

the court’s budget process and the poor working conditions of the 

courts remain constraints on judicial independence. In 1999, a 

Constitutional Court ruling mandated restructuring of the judiciary to 

reduce the executive’s undue influence over judges. According to the 

Open Society Institute,[Footnote 13] executive involvement in the 

budgeting process of the courts and the allocation of funds remains 

significant, and the budget process is insufficiently transparent. The 

conditions of the courts may also affect judicial independence because 

the courts are underfunded, working conditions are poor, and caseloads 

are heavy due to a lack of qualified judges. And in 2001, the 

Constitutional Court ruled that a parliamentary decision to 

significantly reduce judges’ salaries was unconstitutional because it 

could threaten the financial independence of the judges.



While some progress has occurred, the European Union noted in 2001 that 

Lithuania needed to (1) adopt a new Law on Courts to remove executive 

influence from both the budget process and the administration of the 

judiciary, (2) provide adequate budgetary resources and managerial 

competence, (3) further improve the court system in areas such as 

working conditions for staff, and (4) improve the qualifications of 

specialized judges and prosecutors through additional training. 

Adoption of a new Law on Courts is a serious concern because the 

judicial system remains in a state of flux without a new law, enabling 

continued executive influence in the budget process and other areas of 

court administration. Pending adoption of a new Law on Courts, the 

Department of Courts, under the Ministry of Justice, performs some 

administrative tasks regarding the management of the courts.



Minority Rights:



Minority ethnic groups comprise about 20 percent of the Lithuanian 

population. Our sources indicate that the protection of minorities is 

satisfactory overall. Lithuania also has signed and ratified major 

international treaties addressing racial and ethnic discrimination and 

the rights of minorities, including the Framework Convention on 

Protection of National Minorities. Concerns were expressed, however, 

that the Roma population--although a relatively small community of 

about 3,000 people--faces serious problems in education, housing, and 

health. The Lithuanian government has established a public center for 

the Roma in Vilnius, the capital city, and a new Roma Integration 

Program 2000-2004 to help the Roma integrate into Lithuanian society.



Former Yugoslav Republic of Macedonia:



The Former Yugoslav Republic of Macedonia (Macedonia) is a landlocked 

country of 2 million people. Situated on the southern part of the 

Balkan peninsula, it borders one NATO member--Greece--and two other 

countries seeking NATO membership--Albania and Bulgaria--as well as the 

Federal Republic of Yugoslavia. Macedonia declared its independence 

from the former Republic of Yugoslavia in late 1991. In early 2001, 

ethnic Albanian rebels within Macedonia--the National Liberation Army-

-attacked Macedonian police outposts, leading to a 6-month armed 

conflict between ethnic Albanian guerillas and Macedonian security 

forces. The conflict ended with the signing of the Ohrid Framework 

Agreement on August 13, 2001, by Macedonia’s four main political 

parties, two of which were ethnic Albanian parties. NATO forces were 

brought in to oversee the peace plan and to disarm the Albanian 

liberation forces. A NATO force remains deployed in Macedonia to 

provide security for international civilian monitors of the peace 

agreement.



Democracy and the Rule of Law:



The constitution guarantees the principles of democracy, including free 

and fair elections. Although the sources we reviewed indicate that the 

effective implementation of democratic institutions has been difficult 

in Macedonia, the interim government has taken several steps to 

implement the political provisions of the Ohrid Framework Agreement. 

These steps include the ratification of 15 constitutional amendments 

that call for political reforms and the adoption of an amnesty law for 

former ethnic Albanian rebels that covers crimes for high treason, 

armed rebellion, mutiny, and conspiracy against the state. Currently, 

the interim government is slowly implementing the statutory reforms 

required for the full implementation of the agreement.



Although implementation of the agreement’s political reforms has been 

slow, the Organization for Security and Co-operation in Europe 

concluded that the parliamentary elections of September 15, 2002--an 

integral component of the Ohrid Framework Agreement--were largely free 

of ethnic violence and generally in line with international standards. 

The organization stated that this election represents a significant 

improvement over recent elections and a major contribution toward 

restoring a sustainable political process in the country. The new 

election system adopted earlier in 2002 was highlighted by the 

organization’s international observation mission as a major contributor 

to a successful September 2002 election process. As of September 16, 

2002, unofficial election results indicated that Macedonia’s Social 

Democrats received nearly two-thirds of the vote and the interim 

government coalition of two nationalist parties--one Albanian, the 

other Macedonian--was not reelected. According to media reports, the 

Albanian parties were satisfied with the high voter turnout and the 

general conduct of the elections, which experienced few irregularities. 

The issue that is pending is how the new government will be formed and 

if the Social Democrats will share power with the new Albanian party 

led by a former Albanian rebel leader.



Human Rights:



The constitution provides for a broad set of human rights. The human 

rights situation in Macedonia, however, deteriorated significantly 

during the internal conflict in 2001; the government was unable to 

provide protection against human rights violations and violated those 

rights in some instances. According to the sources we reviewed, 

although the internal conflict has ended, serious concerns remain with 

regard to police misconduct and violence as well as trafficking in 

human beings.



Police misconduct was a serious problem during the conflict and still 

remains a concern. During the conflict, police and security forces 

violated citizens’ constitutional rights, particularly with regard to 

ethnic Albanians. According to the International Helsinki Federation 

for Human Rights, there is no adequate legal recourse in Macedonia for 

unlawful or irregular police activities. In addition, unofficial 

paramilitary organizations that exist under the control of the Minister 

of the Interior are of serious concern to the government and the 

international community.



Trafficking in human beings is a serious problem. Macedonia is a 

country of transit and destination for such trafficking. To address the 

trafficking problem, the government adopted a new law in 2002 that 

criminalizes trafficking in human beings and actions associated with 

that trafficking. According to the U.S. State Department, the new law 

has resulted in a number of arrests. The U.S. State Department also 

notes that the government has devoted a significant amount of resources 

to antitrafficking programs, such as that of an interministerial 

working group devoted to legal reform and to the creation of a special 

police unit dedicated to antitrafficking efforts.



According to the U.S. State Department, the Macedonian government 

offers limited support for victims of domestic violence and relies 

heavily on international donor aid to maintain that limited support. In 

addition, sources indicate that lingering patriarchal social attitudes 

limit women’s participation in the economy, the government, and 

political life. Women’s participation in politics is disproportionately 

low. In Muslim communities, women are deprived of their electoral 

rights due to the practice of “family vote” through which men vote on 

behalf of the women in their family. Efforts to address these issues 

are hampered by insufficient monitoring procedures and a lack of public 

awareness, particularly with regard to domestic violence.



Minority Rights:



The constitution protects the right of minorities to preserve and 

express their cultural, religious, and linguistic identities, including 

the right to primary and secondary education in the minority language. 

Sources we reviewed, however, indicate that societal discrimination 

against minorities--including Roma, Albanians, Turks, and Serbs--

remains a problem. Turks and Roma complain of governmental, societal, 

and cultural discrimination, but the most explosive source of ethnic 

tension is the country’s large Albanian minority. The problem of 

discrimination against minorities was addressed by the August 13, 2001, 

Ohrid Framework Agreement, which contains broad constitutional and 

legislative reforms focused on greater minority rights and increased 

minority participation in the domestic police force and other 

governmental institutions. However, according to the New York 

University School of Law, which monitors constitutional issues in 

Eastern Europe and the former Soviet Union, implementation of the 

reforms in the Ohrid Framework Agreement has been slow.



Romania:



With nearly 22 million people, Romania is the most populous of the nine 

countries aspiring to NATO membership. Situated on the Black Sea, 

Romania is also bordered by one NATO member--Hungary--as well as 

Moldova, Ukraine, and the Federal Republic of Yugoslavia. Bulgaria, on 

Romania’s southern border, is also seeking membership in NATO. While 

Romania was slow to implement reforms after it adopted its new 

constitution in 1991, the government elected in November 2000 has been 

aggressively pursuing the adoption and implementation of political, 

economic, and defense reforms.



Border Relations:



Romania has worked to establish harmonious and constructive 

relationships with other countries on a bilateral, trilateral, and 

regional basis. The sources we reviewed indicate that Romania has 

concluded numerous treaties on political, economic, and security 

issues. Romania also has participated in several regional organizations 

and activities, such as two committees that address regional 

cooperation in defense matters--the South Eastern Europe Defense 

Ministerial Coordination Committee and the Political-Military Steering 

Committee of the Multinational Peace Force South Eastern Europe, both 

of which it is chairing for 2001 to 2003. Romania also participates in 

the South Eastern Europe Cooperation Process, a subregional group aimed 

at implementing measures to (1) strengthen stability, security, and 

good neighborly relations; (2) intensify multilateral economic, 

commercial, and cultural cooperation; and (3) combat organized crime, 

terrorism, and trafficking in drugs and arms.



Recently, however, some tensions have arisen with Moldova, one of the 

countries Romania borders. Romania was the first country to recognize 

the independence of the Republic of Moldova, a country with which it 

shares a heritage of language, culture, and traditions. The two 

countries had a good relationship during the 1990s. According to a 

January 2002 assessment in Jane’s Intelligence Review, and recent media 

reports, Moldova’s election in 2000 of a traditional communist as 

president has created tensions with Romania due to Molodovan policies 

and political positions reminiscent of the Soviet era.



Another neighboring country, Hungary, adopted a Status Law passed by 

the Hungarian Parliament in June 2001, which gave ethnic Hungarians in 

other countries the right to work in Hungary for 3 months each year as 

well as health, transportation, and education benefits. That law 

strained Hungary’s relationship with some neighbors--in particular, 

Romania and Slovakia--because Hungary appeared to be trying to spread 

its political jurisdiction to the citizens of other countries and, in 

doing so, discriminating against non-Hungarians in those countries. 

However, Romania and Hungary have since concluded a Memorandum of 

Understanding addressing the issue, thereby muting tensions between 

them.



Civil Liberties:



Romania has been generally successful in providing for and protecting 

civil liberties. The sources we reviewed indicate that the constitution 

and laws generally protect civil liberties and that the government 

generally respects those protections. Romania enjoys a diverse media 

sector, with 15 national daily newspapers and many more local papers--

most of which are private--as well as more than 70 private television 

channels and more than 150 private radio stations, according to the 

European Union.



Nevertheless, certain legal provisions have raised concerns about 

possible limits to freedom of expression and the media as well as 

freedom of religion. While the constitution provides for freedom of 

expression and the media, it prohibits “defamation of the country” and 

“offense to authority.” Because libel and slander are criminal offenses 

that can bring prison sentences, there is some concern that such legal 

provisions may be used to intimidate the media. For example, Human 

Rights Watch[Footnote 14] reported in 2002 that these kinds of 

constitutional curbs on free expression in Romania were used by 

authorities to interfere with journalists’ work. The European Union 
noted 

in 2001 that no progress had been made during the previous year in a

ddressing its own concerns about such legal provisions in Romania.



Religious freedom is also constitutionally protected and generally 

respected by the government, but religious groups must register with 

the state to be recognized as a religion. Recognition as a religion 

enables religious groups to teach religion in public schools, receive 

funds to build churches, pay clergy salaries with state funds, 

subsidize clergy’s housing with state funds, broadcast religious 

programming, and enjoy tax-exempt status. While about 86 percent of 

Romanians are adherents of the Romanian Orthodox Church, the government 

officially recognizes 15 religions. New minority religious groups have 

reported, however, some impediments to registration.



Human Rights:



The sources we reviewed indicate that the constitution guarantees human 

rights and that the government generally respects those rights. Several 

serious problems remain, however, including (1) police brutality toward 

detainees and prisoners; (2) generally harsh and overcrowded prison 

conditions; (3) weak enforcement of constitutional protections against 

discrimination, especially for women and the Roma population; (4) 

trafficking in human beings as a country of origin and transit; (5) 

violence against women; and (6) issues concerning institutionalized 

children. For example, the European Union reported in 2001 that cases 

of inhuman and degrading treatment by the police continued to be 

reported by human rights organizations, that prisons were extremely 

overcrowded, and that prison conditions overall were often extremely 

poor. A particular problem cited was the excessive length of pretrial 

detention periods that could last as long as half of a prison sentence.



Many government actions--most of them relatively recent, however--are 

under way to address these problems. For example, the government 

adopted the operating procedures for an ombudsman office in 1997 to 

protect citizens against abusive or random acts by public officials and 

has ratified major international human rights conventions. According to 

the European Union, government efforts to address problems in prison 

conditions have led to some improvements.



Further, the U.S. State Department noted in 2002 that Romania was 

making a significant effort to eliminate trafficking in human beings, 

although the country was not yet in full compliance with the U.S. 

minimum standards for doing so. In 2001, the European Union also 

concluded that there was some progress in addressing the needs and care 

of institutionalized children, but more was needed. The Romanian 

government included provisions to address both the trafficking and 

adoption issues in its April 2002 action plan for preparation for NATO 

membership.



Judicial Independence:



The sources we reviewed indicate that the constitution and related 

legislation generally provide for an independent judiciary. These 

sources also indicate, however, that the judiciary is not sufficiently 

independent from the executive branch or political influence and that 

it suffers from endemic corruption. The government has been 

implementing reforms to address these issues, but because the reforms 

are generally recent there has been little, if any, opportunity as yet 

for their implementation.



Executive responsibilities over the judicial branch, in particular, are 

considered intrusive and the most serious threat to judicial 

independence. The Ministry of Justice (1) controls the judicial 

branch’s budget process; (2) is involved in the appointment, 

evaluation, promotion, and disciplining of judges--particularly 

through its (nonvoting) chairmanship of the Superior Council of the 

Magistracy, which makes those decisions; and (3) is responsible for the 

training of judges. Because of the role of the Ministry of Justice, 

some concern also has been expressed about the potential for political 

influence over the judiciary.



According to the sources we reviewed, the current Romanian government 

is addressing these concerns about judicial independence by pursuing 

policy and organizational changes such as (1) enhancing judicial 

independence through statutory changes that strengthen the role of the 

Superior Council of the Magistracy and make it an autonomous public 

institution; (2) adopting a new Code of Conduct for Magistrates that 

has been distributed to all courts of appeal and prosecutors’ offices; 

(3) creating the legal framework to establish specialized courts for 

cases involving minors as well as labor, commercial, fiscal, and 

administrative issues; (4) providing professional training for judges 

and court clerks; and (5) amending the Criminal Procedure Code to 

address weaknesses in the state prosecution system. The government also 

is trying to consolidate the status of judges by, among other things, 

providing them with appropriate wages and social protection as well as 

both initial and lifelong training. And in its efforts to fight 

corruption, the government is developing a pilot project for the random 

assignment of court cases to help prevent judicial corruption.



Minority Rights:



The constitution protects the rights of national minorities and calls 

on the state to create an environment in which minority groups can 

preserve, develop, and express their identity without discrimination. 

The constitution and electoral laws allow recognized ethnic minorities 

one representative in the Chamber of Deputies (one of the two houses of 

Parliament) if the minority’s political organization obtains at least 5 

percent of the average number of valid votes needed to elect a deputy 

outright. Organizations representing 18 minority groups elected 

deputies under this provision in 2000. The constitution and electoral 

law, however, provide the Roma minority population with one guaranteed 

seat in parliament, while the Hungarian minority population has 

obtained parliamentary representation through the normal election 

process.



Nevertheless, concerns have been raised about the effectiveness of 

Romania’s achievements in protecting minority rights. The sources we 

reviewed indicate that while Romania provides institutional protections 

for minorities, respect for minority rights in practice and the 

effectiveness of the implementation of related programs, is mixed or 

weak.



The sources we reviewed also indicate that Romania’s Roma population 

endures significant hardships and remains subject to widespread 

discrimination. The European Union reported in 2001 that (1) instances 

of police harassment have been documented against individuals and even 

entire Roma communities; (2) the Roma face difficulties in gaining 

access to schools, medical care, and social assistance; (3) the Roma 

are often banned from public places; and (4) despite its illegality, a 

number of job advertisements explicitly exclude Roma applicants. Roma 

are particularly vulnerable to the effects of the generally poor 

economic conditions in Romania.



Romania launched a series of new initiatives in 2000 to address 

concerns about the protection of minority rights and the problems that 

the Roma face. In the fall of 2000, Romania adopted an ordinance on the 

prevention and punishment of all forms of discrimination that creates a 

National Council to Prevent and Combat Discrimination. In April 2001, 

the government adopted a long-term initiative called the National 

Strategy for Improving the Condition of Roma. A law passed that same 

month on public administration also allows the use of minority 

languages in communications with public authorities when the minority 

population is more than 20 percent of the local community. Because 

these are recent initiatives--both the National Council and the new 

Strategy (a 10-year program) were scheduled for implementation some 

time in 2002--there has been limited, if any, opportunity for 

implementation. There also is concern that the Roma may not benefit 

from the language provisions because they do not comprise more than 20 

percent of the population in any location.



Social Justice:



The government has been working to address some important social 

justice issues. For example, recent laws have been passed to address 

poverty and the restitution of property. Starting in January 2002, a 

family’s income was to be supplemented with government grants to 

provide a minimum income guarantee. The Real Estate Restitution Law 

went into effect in 2001, setting out the basic principles and 

procedures for the restitution of properties forcibly taken by the 

communist government and addressing weaknesses in prior legal 

provisions.



Slovakia:



With a population of 5.4 million people, Slovakia borders the three 

most recent members of NATO--Poland, the Czech Republic, and Hungary--

and also shares borders with Austria to the west and Ukraine to the 

east. Once part of the former Czechoslovakia, Slovakia became an 

independent state in 1993.



Democracy and the Rule of Law:



The international community, and NATO in particular, watched the most 

recent parliamentary election in Slovakia with great interest and 

concern because the party leading in the polls--the Movement for a 

Democratic Slovakia--had failed to show commitment to democracy and the 

rule of law when it was last in power. Slovakia held that election 

September 20 and 21, 2002. Although the Movement for a Democratic 

Slovakia party did win a plurality with 19.5 percent of the votes, it 

could not find partners to form a coalition government.[Footnote 15] As 

a result, Slovakia’s President asked the leader of the Slovak 
Democratic 

and Christian Union party to form the next coalition government. U.S. 
and 

European officials have expressed satisfaction with the results.



Human Rights:



The Slovak constitution provides for the protection of human rights and 

the government generally respects those rights. In addition, Slovakia’s 

legal system complies with international human rights standards. In 

2001, the constitution was amended to establish the legal basis for an 

ombudsman office to protect fundamental human rights in cases where 

governmental administrative units violate the legal system or the rule 

of law. Parliament elected the first ombudsman in March 2002.



Nevertheless, concerns have been raised about poor police treatment of 

persons detained for trial, about long pretrial detention of the 

accused due to a large backlog of court cases, and about trafficking in 

human beings. The sources we reviewed reported ill-treatment of 

detainees--especially ethnic Roma--at the hands of the police. The 

European Union noted in 2001 that there is an urgent need to improve 

police recruitment and establish an effective system to handle 

complaints against the police.



A backlog of court cases leading to long pretrial detention periods is 

another human rights concern, according to Freedom House. For example, 

the European Court of Human Rights ruled in 2000 that the detention 

period of an individual in a mental hospital violated the right to a 

speedy trial. And the European Union reported in 2001 that some court 

proceedings have exceeded the 3-year statute of limitations. The 

government has initiated a judicial reform plan, which includes an 

amendment to the Civil Procedures Act aimed at reducing the length of 

judicial proceedings by broadening the mandate of district courts and 

by limiting appeals to regional courts.



Slovakia also is a country of origin and transit for trafficking in 

human beings. Although the government established a special branch in 

2001 in the Office for the Fight Against Organized Crime to combat 

organized crime and trafficking in human beings, the European Union 

concluded in 2001 that the government had made only limited progress in 

fighting trafficking in human beings.



Judicial Independence:



Slovakia’s constitution provides for an independent judiciary, but 

there are concerns about executive influence over the judicial system 

through administrative, personnel, and budget oversight. To address 

these concerns, a constitutional amendment was passed in 2001 

establishing an independent Judicial Council to carry out 

administrative functions for the judiciary. This amendment also expands 

the scope of the Constitutional Court by providing greater access to 

the court by individuals and allowing the court to award damages to 

individuals whose rights are violated.



Minority Rights:



The constitution provides for the protection of minority rights and the 

government generally respects those rights. Slovak legislation also 

provides a legal framework that ensures that ethnic minorities enjoy 

the same rights as ethnic Slovak citizens. Nevertheless, serious 

problems regarding societal discrimination against the Roma have been 

reported. Roma suffer from poverty, violence, and abuse as well as 

social discrimination in housing, health care, social services, public 

administration, education, and employment. To address the Roma 

situation, the government adopted a Roma strategy in 2000 that funds 

programs in housing, infrastructure, education and training, 

employment, and health at the local and national levels.



Slovenia:



A country of 2 million people, Slovenia was once part of the former 

Republic of Yugoslavia. It shares borders with two NATO members--Italy 

to the west and Hungary to the east--as well as with Croatia to the 

south and Austria to the north. Slovenia declared its independence in 

June 1991, adopted its own constitution in December 1991, and held its 

first free elections as an independent country a year later.



Border Relations:



Slovenia’s relations with its neighbors are generally harmonious and 

cooperative. Border definition issues and issues related to the 

succession to the former Republic of Yugoslavia are generally being 

addressed through cooperative efforts. There has recently been 

heightened tension, however, between Slovenia and Croatia. While 

Slovenia and Croatia had reached agreements on border and other issues 

resulting from their independence, Croatia has yet to ratify agreement 

on borders between the two countries. According to recent media 

reports, Croatia cannot gain parliamentary support to ratify the border 

agreement and wants new negotiations, which Slovenia has refused. There 

is also some dispute over Croatia’s recent requirement that oil 

transported overland through Croatia must be moved through strictly 

defined routes. According to media reports, Slovenia has been 

attempting to address the oil transport issue bilaterally, but it also 

has considered filing a complaint with the World Trade Organization to 

resolve the issue.



Civil Liberties:



Slovenia has been successful in protecting civil liberties. The sources 

we reviewed indicate that the constitutional guarantees of freedom of 

thought, speech, public association, the media, religion, and equality 

are generally respected by the government. The media are diverse and 

enjoy full freedom, with both publicly and privately owned media in 

existence. Some sources note, however, that insulting a public official 

is prohibited. According to an official at the Ministry of Justice, 

while there have been some cases of individuals suing the media for 

insulting public officials, public officials have won in only a few 

cases and not much has been awarded to those winners. The legal issue 

in these cases is that the law does not define “insult.”:



Human Rights:



The sources we reviewed indicate that Slovenia’s constitution broadly 

protects human rights and freedoms, and guarantees the rights of the 

disabled. The government respects those human rights guarantees and has 

an Ombudsman for Human Rights. According to government officials, 

Slovenia also is very active internationally in facilitating the 

protection of human rights through the efforts of such groups as the 

Council of Europe, the United Nations, and an informal group of states 

known as the Human Security Network, which combines efforts to promote 

humanitarian and security issues. Some concerns have been expressed, 

however, about (1) the abuse of persons in custody, (2) trafficking in 

human beings, and (3) the legal definition of torture.



The sources we reviewed raised some concerns about excessive police 

force against persons in custody. In its 2001 Annual Report, Slovenia’s 

Ombudsman for Human Rights reported that the prisons and detention 

centers were overcrowded, and that persons detained (but not yet 

convicted) were subjected to more severe conditions than convicted 

prisoners.



Slovenia is both a transit and destination country for trafficking in 

human beings. The 2002 U.S. State Department’s Trafficking in Persons 

Report found that Slovenia is making significant efforts to achieve 

compliance with minimum U.S. standards for fighting trafficking, but 

that the country does not yet fully comply with those standards. The 

report notes that Slovenia lacks a law specifically prohibiting 

trafficking. Although persons can be prosecuted under related offenses, 

prosecutors find it difficult to get convictions under those related 

laws. The report also notes that the government has made progress in 

monitoring its borders and consequently has reduced illegal migration 

considerably. The government has named a National Coordinator for 

Trafficking in Persons and has formed an interagency working group that 

adopted a national strategy to combat trafficking.



Concern also has been raised about Slovenia’s ability to prosecute 

persons accused of torture. The United Nations Committee Against 

Torture has recommended revision of Slovenia’s statutory definition of 

torture because it was not considered to be broad enough to prevent 

people guilty of torture from escaping punishment.



Minority Rights:



Slovenia’s constitution protects minority rights and the government 

generally respects those rights. The European Union notes that Slovenia 

has ratified major international instruments in the field of protection 

for minorities, and it has established a Government Office for National 

Minorities to monitor implementation of legislation protecting minority 

rights and to fund minority language media and culture.



Nevertheless, Slovenia’s constitution guarantees minority rights to 

Hungarians and Italians, thereby guaranteeing each group representation 

in the parliament as well as rights to bilingual government 

administration and bilingual education. In contrast, however, the 

constitution recognizes that the Roma community exists and stipulates 

that their rights should be regulated by separate law, a law which, 

according to a Ministry of Justice official, has now been passed. No 

other ethnic minorities are specified for similar kinds of 

constitutional protections. Slovenian government officials explained 

that the constitutional guarantees to Hungarians and Italians 

originated in 1974 under the former Republic of Yugoslavia and were 

carried over to the new Slovenian constitution, which was adopted in 

1991.



[End of section]



Appendix III: Independent Assessments of Progress toward Democracy:



NATO’s political goals for countries seeking membership focus on 

developing democratic institutions and principles. This appendix 

provides the results of two different analyses of democracy compiled by 

Freedom House[Footnote 16] and an assessment by the European Union for 

seven of the nine countries seeking NATO membership that are also 

candidates for membership in the European Union. (Albania and the 

Former Yugoslav Republic of Macedonia are not yet official candidates 

for membership in the European Union.) We are providing the results of 

these independent assessments, but we did not evaluate the 

methodologies for producing these results or the application of the 

methodologies.



Analyses of Democracy:



Freedom House produces two different analyses of development toward 

democracy in countries. One analysis measures democratic freedom in 

over 200 countries and territories, while the other measures progress 

toward democracy in those countries transitioning from communist 

systems.



Measures of Democratic Freedom:



Freedom House publishes an annual assessment of the state of democratic 

freedom in 192 countries and 17 territories around the world. That 

assessment is based on ratings for political rights and civil liberties 

in each country or territory. Determination of a country’s status as 

“free,” “partially free,” or “not free” is based on the average of 

ratings for political rights and civil liberties. Countries whose 

average rating is between 1 and 2.5 are generally considered “free.” 

Countries whose average rating is between 3 and 5.5 are considered to 

be “partially free,” while “not free” applies to countries whose 

ratings average between 5.5 and 7. Table 3 provides the 2001 to 2002 

political ratings for the nine countries seeking NATO membership and 

the three most recent NATO members. As the table shows, seven of the 

NATO candidate countries enjoy ratings of “free,” while two of them 

were rated as “partly free.”:



Table 3: Freedom House Political Ratings, 2001-2002:



Countries seeking NATO membership: Albania; Rating: Political rights: 

3; Rating: Civil liberties: 4; [Empty]; Status: Partly free.



Countries seeking NATO membership: Bulgaria; Rating: Political rights: 

1; Rating: Civil liberties: 3; [Empty]; Status: Free.



Countries seeking NATO membership: Estonia; Rating: Political rights: 

1; Rating: Civil liberties: 2; [Empty]; Status: Free.



Countries seeking NATO membership: Latvia; Rating: Political rights: 1; 

Rating: Civil liberties: 2; [Empty]; Status: Free.



Countries seeking NATO membership: Lithuania; Rating: Political rights: 

1; Rating: Civil liberties: 2; [Empty]; Status: Free.



Countries seeking NATO membership: F.Y.R. of Macedonia; Rating: 

Political rights: 4; Rating: Civil liberties: 4; [Empty]; Status: 

Partly free.



Countries seeking NATO membership: Romania; Rating: Political rights: 

2; Rating: Civil liberties: 2; [Empty]; Status: Free.



Countries seeking NATO membership: Slovakia; Rating: Political rights: 

1; Rating: Civil liberties: 2; [Empty]; Status: Free.



Countries seeking NATO membership: Slovenia; Rating: Political rights: 

1; Rating: Civil liberties: 2; [Empty]; Status: Free.



Countries seeking NATO membership: NATO’S newest members (1999).



Countries seeking NATO membership: Czech Republic; Rating: Political 

rights: 1; Rating: Civil liberties: 2; [Empty]; Status: Free.



Countries seeking NATO membership: Hungary; Rating: Political rights: 

1; Rating: Civil liberties: 2; [Empty]; Status: Free.



Countries seeking NATO membership: Poland; Rating: Political rights: 1; 

Rating: Civil liberties: 2; [Empty]; Status: Free.



Note: Countries whose average rating is between 1 and 2.5 are generally 

considered “free,” while “partly free” applies to countries whose 

average rating is between 3 and 5.5.



Source: Freedom House, Freedom in the World 2001-2002.



[End of table]



Measures of Progress toward Democracy:



Freedom House also publishes a separate assessment of progress toward 

democracy in the 27 countries of central and eastern Europe and the 

former republics of the Soviet Union. Nations in Transit 2002, the 

current report, provides measures of the progress and setbacks in 

political reform in the 27 countries and scores countries’ developments 

in democratization and the rule of law. On the basis of these scores, 

countries are divided into three categories: (1) consolidated 

democracies; (2) transitional governments; or (3) consolidated 

autocracies. The score for democratization is an average derived from 

ratings in four areas: political process, civil society, independent 

media, and governance and public administration. The score for the rule 

of law is also an average, derived from ratings in two areas: 

constitutional, legislative, and judicial framework and corruption. 

Tables 4 and 5 provide the results of these analyses for each of the 

nine countries seeking NATO membership and the three most recent NATO 

members. On the basis of these analyses, Freedom House considers six of 

the NATO candidate countries to be consolidated democracies (Bulgaria, 

Estonia, Latvia, Lithuania, Slovenia, and Slovakia) and three to be 

transitional governments (Albania, the Former Yugoslav Republic of 

Macedonia, and Romania).



Table 4: Freedom House Nations in Transit Scores--Democratization 

Scores, 2002:



Countries seeking NATO membership: Albania; Democratization score: 

3.94; Component ratings: Political: 3.75; Component ratings: Civil: 

3.75; Component ratings: Independent: 4.00; Component ratings: 

Governance and public administration[D]: 4.25.



Countries seeking NATO membership: Bulgaria; Democratization score: 

3.00; Component ratings: Political: 2.00; Component ratings: Civil: 

3.25; Component ratings: Independent: 3.25; Component ratings: 

Governance and public administration[D]: 3.50.



Countries seeking NATO membership: Estonia; Democratization score: 

1.94; Component ratings: Political: 1.75; Component ratings: Civil: 

2.00; Component ratings: Independent: 1.75; Component ratings: 

Governance and public administration[D]: 2.25.



Countries seeking NATO membership: Latvia; Democratization score: 1.94; 

Component ratings: Political: 1.75; Component ratings: Civil: 2.00; 

Component ratings: Independent: 1.75; Component ratings: Governance and 

public administration[D]: 2.25.



Countries seeking NATO membership: Lithuania; Democratization score: 

1.88; Component ratings: Political: 1.75; Component ratings: Civil: 

1.50; Component ratings: Independent: 1.75; Component ratings: 

Governance and public administration[D]: 2.50.



Countries seeking NATO membership: F.Y.R. of Macedonia; Democratization 

score: 4.13; Component ratings: Political: 4.50; Component ratings: 

Civil: 4.00; Component ratings: Independent: 3.75; Component ratings: 

Governance and public administration[D]: 4.25.



Countries seeking NATO membership: Romania; Democratization score: 

3.31; Component ratings: Political: 3.00; Component ratings: Civil: 

3.00; Component ratings: Independent: 3.50; Component ratings: 

Governance and public administration[D]: 3.75.



Countries seeking NATO membership: Slovakia; Democratization score: 

1.94; Component ratings: Political: 1.75; Component ratings: Civil: 

1.75; Component ratings: Independent: 2.00; Component ratings: 

Governance and public administration[D]: 2.25.



Countries seeking NATO membership: Slovenia; Democratization score: 

1.81; Component ratings: Political: 1.75; Component ratings: Civil: 

1.50; Component ratings: Independent: 1.75; Component ratings: 

Governance and public administration[D]: 2.25.



Countries seeking NATO membership: NATO’s newest members (1999).



Countries seeking NATO membership: Czech Republic; Democratization 

score: 2.13; Component ratings: Political: 2.00; Component ratings: 

Civil: 1.75; Component ratings: Independent: 2.50; Component ratings: 

Governance and public administration[D]: 2.25.



Countries seeking NATO membership: Hungary; Democratization score: 

1.94; Component ratings: Political: 1.25; Component ratings: Civil: 

1.25; Component ratings: Independent: 2.25; Component ratings: 

Governance and public administration[D]: 3.00.



Countries seeking NATO membership: Poland; Democratization score: 1.50; 

Component ratings: Political: 1.25; Component ratings: Civil: 1.25; 

Component ratings: Independent: 1.50; Component ratings: Governance and 

public administration[D]: 2.00.



Note: The scores and ratings are on a scale of 1 to 7, with 1 

representing the highest and 7 the lowest level of progress.



[A] The rating for political process examines national executive and 

legislative elections, the development of multiparty systems, and 

popular participation in the political process.



[B] The rating for civil society assesses the growth of nongovernmental 

organizations, their organizational capacity and financial 

sustainability, and the legal and political environment in which they 

function; the development of free trade unions; and interest group 

participation in the policy process.



[C] The rating for independent media addresses the legal framework for 

and present state of press freedom, including libel laws, harassment of 

journalists, editorial independence, the emergence of a financially 

viable private press, and Internet access for private citizens.



[D] The rating for governance and public administration considers the 

authority of legislative bodies; decentralization of power; the 

responsibilities, election, and management of local government bodies; 

and legislative and executive transparency.



Source: Freedom House Nations in Transit 2002 report.



[End of table]



Table 5: Freedom House Nations in Transit Scores--Rule of Law Scores, 

2002:



Countries seeking NATO membership: Albania; Rule of law scores: 4.88; 

Component ratings: Constitutional, legislative, and judicial 

framework[A]: 4.50; Component ratings: Corruption[B]: 5.25.



Countries seeking NATO membership: Bulgaria; Rule of law scores: 4.00; 

Component ratings: Constitutional, legislative, and judicial 

framework[A]: 3.50; Component ratings: Corruption[B]: 4.50.



Countries seeking NATO membership: Estonia; Rule of law scores: 2.13; 

Component ratings: Constitutional, legislative, and judicial 

framework[A]: 1.75; Component ratings: Corruption[B]: 2.50.



Countries seeking NATO membership: Latvia; Rule of law scores: 2.88; 

Component ratings: Constitutional, legislative, and judicial 

framework[A]: 2.00; Component ratings: Corruption[B]: 3.75.



Countries seeking NATO membership: Lithuania; Rule of law scores: 2.88; 

Component ratings: Constitutional, legislative, and judicial 

framework[A]: 2.00; Component ratings: Corruption[B]: 3.75.



Countries seeking NATO membership: F.Y.R. of Macedonia; Rule of law 

scores: 5.13; Component ratings: Constitutional, legislative, and 

judicial framework[A]: 4.75; Component ratings: Corruption[B]: 5.50.



Countries seeking NATO membership: Romania; Rule of law scores: 4.50; 

Component ratings: Constitutional, legislative, and judicial 

framework[A]: 4.25; Component ratings: Corruption[B]: 4.75.



Countries seeking NATO membership: Slovakia; Rule of law scores: 2.63; 

Component ratings: Constitutional, legislative, and judicial 

framework[A]: 2.00; Component ratings: Corruption[B]: 3.25.



Countries seeking NATO membership: Slovenia; Rule of law scores: 1.88; 

Component ratings: Constitutional, legislative, and judicial 

framework[A]: 1.75; Component ratings: Corruption[B]: 2.00.



Countries seeking NATO membership: NATO’s newest members (1999).



Countries seeking NATO membership: Czech Republic; Rule of law scores: 

3.13; Component ratings: Constitutional, legislative, and judicial 

framework[A]: 2.50; Component ratings: Corruption[B]: 3.75.



Countries seeking NATO membership: Hungary; Rule of law scores: 2.50; 

Component ratings: Constitutional, legislative, and judicial 

framework[A]: 2.00; Component ratings: Corruption[B]: 3.00.



Countries seeking NATO membership: Poland; Rule of law scores: 1.88; 

Component ratings: Constitutional, legislative, and judicial 

framework[A]: 1.50; Component ratings: Corruption[B]: 2.25.



Note: The scores and ratings are on a scale of 1 to 7, with 1 

representing the highest and 7 the lowest level of progress.



[A] The rating for constitutional, legislative, and judicial framework 

highlights constitutional reform, human rights protection, criminal 

code reform, the judiciary and judicial independence, and the status of 

ethnic minority rights.



[B] The rating for corruption looks at perceptions of corruption in the 

civil service, the business interests of top policy-makers, laws on 

financial disclosure and conflict of interest, and anticorruption 

initiatives.



Source: Freedom House Nations in Transit 2002 report.



[End of table]



The European Union Assesses Implementation of Its Political 

Requirements:



The European Union assesses candidate countries in terms of their 

implementation of the union’s political requirements that countries 

must have achieved stability of institutions guaranteeing democracy, 

the rule of law, human rights, and respect for and protection of 

minorities. Table 6 provides the European Union’s 2001 political 

assessment for seven of the nine countries seeking NATO membership, 

including its assessment of what progress had occurred since the 

previous report and what kinds of improvements were still needed.

[Footnote 17] (Albania and the Former Yugoslav Republic of Macedonia 

are not assessed because they are not yet official candidates for 

membership in the European Union.) As the table shows, all seven 

countries have fulfilled the European Union’s political requirements, 

but the European Union has identified areas in which each country 

must continue to improve.



Table 6: European Union Political Assessments, 2001:



Country: Albania; Year political criteria fulfilled: N/A; Political 

assessment, 2001: Progress made: Not currently a candidate for the 

European Union.; Political assessment, 2001: Improvements needed: 

[Empty].



Country: Bulgaria; Year political criteria fulfilled: 1997; Political 

assessment, 2001: Progress made: Bulgaria continues to fulfill the 

European Union’s political requirements. The country has achieved 

stability of institutions guaranteeing democracy and the rule of law. 

Parliament continues to operate smoothly and the legal framework for 

the civil service is largely satisfactory. A strategy for reform of the 

judiciary has been adopted.; Political assessment, 2001: Improvements 

needed: The country needs to focus on implementation of the legal 

framework for the civil service to ensure establishment of a 

professional and impartial civil service..



Country: Estonia; Year political criteria fulfilled: 1997; Political 

assessment, 2001: Progress made: Estonia continues to fulfill the 

European Union’s political requirements. The country has achieved 

stability in institutions guaranteeing democracy and the rule of law. 

Parliament continues to function properly and the civil service and 

administrative procedures are satisfactory. Reform of the court system 

and training of judges continues.; Political assessment, 2001: 

Improvements needed: The lack of transparency in recruitment and 

promotion in the civil service is problematic..



Country: Latvia; Year political criteria fulfilled: 1997; Political 

assessment, 2001: Progress made: Latvia continues to fulfill the 

European Union’s political requirements. The country has achieved 

stability of institutions guaranteeing democracy and the rule of law. 

Parliament continues to function properly. The need for reform of the 

judiciary has been endorsed at the highest political level.; Political 

assessment, 2001: Improvements needed: Limited progress has been made 

in reform of the judiciary..



Country: Lithuania; Year political criteria fulfilled: 1997; Political 

assessment, 2001: Progress made: Lithuania continues to fulfill the 

European Union’s political requirements. Progress has been made in 

reforming the public administration and the judiciary, the legal system 

has improved, and the capacity to fight corruption has been 

strengthened. Reform of the judicial system continues.; Political 

assessment, 2001: Improvements needed: Sustained efforts are required 

to further advance the process of reforming and reorganizing the public 

administration. Regarding the judicial system, the new Law on Courts 

needs to be adopted..



Country: F.Y.R. of Macedonia; Year political criteria fulfilled: N/A; 

Political assessment, 2001: Progress made: Not currently a candidate 

for the European Union.; Political assessment, 2001: Improvements 

needed: [Empty].



Country: Romania; Year political criteria fulfilled: 1997; Political 

assessment, 2001: Progress made: Romania continues to fulfill the 

European Union’s political requirements. The country has achieved 

stability in institutions guaranteeing democracy and the rule of law. 

Functioning of the Parliament has improved, and considerable progress 

has been made in reforming the judiciary.; Political assessment, 2001: 

Improvements needed: Additional judicial reforms are necessary, 

including measures to further guarantee the independence of the 

judiciary and to develop a human resource policy for judges and court 

staff..



Country: Slovakia; Year political criteria fulfilled: 1999; Political 

assessment, 2001: Progress made: Slovakia continues to fulfill the 

European Union’s political requirements. The country has achieved 

stability of institutions guaranteeing democracy and the rule of law. 

Independence of the judiciary has been strengthened, and progress has 

been made regarding minority issues.; Political assessment, 2001: 

Improvements needed: Key judicial reforms are still pending adoption 

and a gap remains between policy formulation and implementation..



Country: Slovenia; Year political criteria fulfilled: 1997; Political 

assessment, 2001: Progress made: Slovenia continues to fulfill the 

European Union’s political requirements. The country has achieved 

stability of institutions guaranteeing democracy and the rule of law. 

The judiciary continues to have a high degree of independence.; 

Political assessment, 2001: Improvements needed: The laws on Civil 

Servants and Public Agencies need to be adopted as an important part of 

the framework legislation for public administration reform..



Sources: European Union 2001 Regular Reports for Bulgaria, Estonia, 

Latvia, Lithuania, Romania, Slovakia, and Slovenia.



[End of section]



Appendix IV: Independent Assessments of Economic Development:



One of the goals of NATO’s Membership Action Plan is the commitment to 

promoting stability through economic liberty. This appendix provides 

information on two studies that produce numerical measures of economic 

freedom--the Fraser Institute’s Economic Freedom of the World index and 

The Heritage Foundation and The Wall Street Journal’s Index of Economic 

Freedom. A third study by Freedom House provides numerical measures of 

economic liberalization. This appendix also provides information on the 

European Union’s assessments of development toward a free-market 

economy in countries seeking NATO membership that are also preparing 

for membership in the European Union. We are providing the results of 

these independent assessments, but we did not evaluate the 

methodologies for producing these results or the application of the 

methodologies.



Two Studies Rate Economic Freedom:



Currently there are two studies that produce numerical measures of 

economic freedom--the Fraser Institute’s 2002 Economic Freedom of the 

World index, which covers 123 countries for the year 2000, and The 

Heritage Foundation and The Wall Street Journal’s 2002 Index of 

Economic Freedom, which covers 156 countries for the year beginning 

July 2000.[Footnote 18]



Both indexes are revised annually and are based on numerous measures or 

indicators that are grouped together into areas of economic freedom. To 

measure economic freedom, the 2002 Fraser Index studied 21 factors--

some of which include multiple components--that fall into five 

categories:[Footnote 19] (1) size of government expenditures, taxes, 

and enterprises; (2) legal structure and security of property rights; 

(3) sound money; (4) freedom to trade with foreigners; and (5) 

regulation of credit, labor, and business. Each country’s overall score 

for economic freedom is based on the average of its scores in each of 

these five areas. Scores range from 0 to 10, with 10 indicating the 

highest degree of economic freedom.



To measure economic freedom, the 2002 Heritage/The Wall Street Journal 

index studied 50 independent economic variables that fall into 10 broad 

categories, or factors, of economic freedom:[Footnote 20] (1) trade 

policy, (2) fiscal burden of government, (3) government intervention in 

the economy, (4) monetary policy, (5) capital flows and foreign 

investment, (6) banking and finance, (7) wages and prices, (8) property 

rights, (9) regulation, and (10) black market activity. Each country’s 

overall score for economic freedom is based on the average of its 

scores in each of these 10 areas. The index scores countries from 1 to 

5, with 1 indicating an assessment of “most free.” We transformed this 

ranking so that the higher number implies more economic freedom.



Figure 2 presents the ratings of countries under both the Fraser index 

and the Heritage/The Wall Street Journal index for each of the nine 

countries seeking NATO membership and each of NATO’s current members. 

As the figure indicates, the closer a country’s location toward the 

upper right of the graph, the higher the combined rating of economic 

freedom. For example, the two indexes together give the United States, 

followed by the United Kingdom, the highest score for economic freedom. 

In constructing figure 2, we transformed the Heritage/The Wall Street 

Journal ratings so that 0 refers to the least economic freedom and 4 to 

the most economic freedom. The Fraser index rates countries from 0 

(least economic freedom) to 10 (most economic freedom). Since none of 

the countries scored less than 4.7, we truncated the horizontal axis 

between 0 and 5.



Figure 2: Indexes of Economic Freedom for NATO Members and Countries 

Seeking NATO Membership:



[See PDF for image]



Source: On the basis of the Fraser Index 2002 and the Heritage/The

Wall Street Journal Index 2002.



[A] The Fraser Institute did not rate the Former Yugoslav Republic of 

Macedonia.



[End of figure]



Rating of Economic Liberalization:



Freedom House publishes an assessment of progress toward economic 

liberalization in the 27 countries of central and eastern Europe and 

the former republics of the Soviet Union. Nations in Transit 2002, the 

current report, provides measures of the progress and setbacks in 

economic reform in the 27 countries. The report scores economic 

liberalization on the basis of an average of ratings for privatization, 

macroeconomic policy, and microeconomic policy. On the basis of these 

scores, countries are divided into three categories: consolidated 

market economies, transitional economies, and consolidated statist 

economies. Table 7 provides the scores and ratings for each of the nine 

countries seeking NATO membership and the three most recent NATO 

members. As the table shows, six of the countries seeking membership 

are categorized as consolidated market economies and three are 

categorized as transitional economies.



Table 7: Freedom House Nations in Transit Scores--Economic 

Liberalization, 2002:



[See PDF for image]



Note: The scores and ratings are on a scale of 1 to 7, with 1 

representing the highest and 7 the lowest level of progress. :



[A] The privatization rating considers the legal framework for 

privatization and the present state of the privatization process.



[B] The macroeconomic policy rating covers tax reform, fiscal and 

monetary policy, and banking reform.



[C] The microeconomic policy rating examines property rights, price 

liberalization, the ability to operate a business, international trade 

and foreign investment, and the energy sector.



Source: Freedom House Nations in Transit 2002 report.



[End of table]



The European Union Assesses Development toward Market Economies:



The European Union annually assesses the extent to which countries 

preparing for membership in the European Union meet the requirements 

for accession. Part of that assessment involves a determination of the 

extent to which the economy is (1) a functioning market-based 

economy[Footnote 21] and (2) has the capacity to cope with the 

competitive pressures and market forces within the European 

Union.[Footnote 22] Table 8 provides the European Union’s 2001 economic 

assessment for seven of the nine countries seeking NATO membership. 

(Albania and the Former Yugoslav Republic of Macedonia are not assessed 

because they are not yet official candidates for membership in the 

European Union.) As the table shows, five of the seven countries that 

are candidates for membership in the European Union have already been 

assessed as having a functioning market economy, one is close to being 

a functioning market economy, and one is making progress toward a 

market economy.



Table 8: European Union Economic Assessments, 2001:



Country: Albania; Year determined to have a functioning market economy: 

N/A; European Union economic assessment, 2001: Not a current candidate 

for the European Union..



Country: Bulgaria; Year determined to have a functioning market 

economy: N/A; European Union economic assessment, 2001: The European 

Union determined that Bulgaria is close to being a functioning market 

economy. Bulgaria should be able to cope with the competitive pressure 

and market forces within the union in the medium term,[A] if it 

continues implementing reform and intensifies the reform effort to 

remove persistent difficulties, such as high inflation and high 

unemployment..



Country: Estonia; Year determined to have a functioning market economy: 

1997; European Union economic assessment, 2001: Estonia was assessed in 

1997 as having a functioning market economy. In 2001, the European 

Union concluded that Estonia should be able to cope with the 

competitive pressure and market forces within the union in the near 

term if it continues with and fully implements its reform program..



Country: Latvia; Year determined to have a functioning market economy: 

1999; European Union economic assessment, 2001: Latvia was assessed in 

1999 as having a functioning market economy. In 2001, the European 

Union concluded that Latvia should be able to cope with the competitive 

pressure and market forces within the union in the near term if it 

continues to make further substantial efforts in maintaining the pace 

of, and completing, its structural reforms..



Country: Lithuania; Year determined to have a functioning market 

economy: 2000; European Union economic assessment, 2001: Lithuania was 

assessed in 2000 as having a functioning market economy. In 2001, the 

European Union concluded that Lithuania should be able to cope with the 

competitive pressure and market forces within the union in the near 

term if it continues to make further substantial efforts to continue 

with the vigorous implementation of its structural reform program..



Country: F.Y.R. of Macedonia; Year determined to have a functioning 

market economy: N/A; European Union economic assessment, 2001: Not a 

current candidate for the European Union..



Country: Romania; Year determined to have a functioning market economy: 

N/A; European Union economic assessment, 2001: The European Union 

determined that Romania has made progress toward establishing a 

functioning market economy, although it would not, in the medium term, 

be able to cope with the competitive pressure and market forces within 

the union. The European Union also determined that Romania has taken 

measures that would allow it to develop its future capacity, provided 

it continues with economic reform..



Country: Slovakia; Year determined to have a functioning market 

economy: 2000; European Union economic assessment, 2001: Slovakia was 

assessed in 2000 as having a functioning market economy. In 2001, the 

European Union determined that Slovakia should be able to cope with the 

competitive pressure and market forces within the union in the near 

term if it makes further substantial efforts in medium-term fiscal 

consolidation and in developing and fully implementing its structural 

reform program..



Country: Slovenia; Year determined to have a functioning market 

economy: 1997; European Union economic assessment, 2001: Slovenia was 

assessed in 1997 as having a functioning market economy. In 2001, the 

European Union determined that Slovenia should be able to cope with the 

competitive pressure and market forces within the union in the near 

term if it implements the remaining reforms needed to increase 

competition in domestic markets..



[A] The European Union does not provide a definition in its regular 

reports for “near term” and “medium term.”:



Sources: European Union 2001 Regular Reports for Bulgaria, Estonia, 

Latvia, Lithuania, Romania, Slovakia, and Slovenia.



FOOTNOTES



[1] The nine countries that will be considered for membership at NATO’s 

November 2002 summit meeting are Albania, Bulgaria, Estonia, Latvia, 

Lithuania, the Former Yugoslav Republic of Macedonia, Romania, 

Slovakia, and Slovenia.



[2] Resolution of Ratification to the Protocols to the North Atlantic 

Treaty of 1949 on the Accession of Poland, Hungary, and the Czech 

Republic, 144 Cong. Rec. S4217-20, 1998.



[3] This is the country’s official name. The name is subject to 

negotiations under United Nations auspices between the republic and 

Greece, which has opposed its northern neighbor’s use of the name 

“Macedonia.”



[4] See U.S. General Accounting Office, NATO Enlargement: Requirements 

and Costs for Commonly Funded Budgets, GAO/NSIAD-98-113 (Washington, 

D.C.: Mar. 6, 1998).



[5] The fundamental principle on which those NATO military requirements 

were based was NATO’s ability to fulfill Article V of the North 

Atlantic Treaty in Poland, Hungary, and the Czech Republic Under 

Article V, members of NATO agree that an armed attack against any 

member is considered to be an attack against them all. NATO’s military 

commanders determined what alliance capabilities were needed upon 

accession of the three new members and also determined what military 

upgrades were needed.



[6] NATO expresses costs in terms of the NATO accounting unit and 

establishes the value of 1 NATO accounting unit on a quarterly basis in 

terms of member countries’ currencies.



[7] The Organization for Security and Co-operation in Europe is a 

regional security organization with 55 participating member countries 

from Europe, Central Asia, and North America. It is active in such 

efforts as conflict prevention, crisis management, and postconflict 

rehabilitation.



[8] As part of its responsibilities under the Victims of Trafficking 

and Violence Protection Act of 2000, the U.S. State Department reports 

annually on the extent to which governments around the world comply 

with U.S. minimum standards for the elimination of trafficking. Those 

standards comprise the minimum actions that governments should engage 

in to eliminate severe trafficking in human beings.



[9] While the handling of minority issues varies among the countries, 

issues concerning the Roma population, in particular, cut across the 

borders of almost all of the countries seeking NATO membership. The 

Roma populations of central and eastern Europe are generally reported 

to have suffered from widespread discrimination in employment, 

education, health care, housing, social welfare, and the criminal 

justice system. Addressing their needs is likely to be a long-term 

effort for the respective governments.



[10] The International Helsinki Federation for Human Rights is a self-

governing group of nongovernmental, not-for-profit organizations that 

works to protect human rights throughout Europe, North America, and the 

central Asian republics formed from the territories of the former 

Soviet Union. A specific goal of the organization is the monitoring of 

compliance with human rights provisions of the Helsinki Final Act, an 

international agreement signed by 35 countries in 1975 that links peace 

and security with respect for human rights.



[11] Freedom House is a nongovernmental organization that conducts 

research and promotes human rights, democracy, free market economics, 

the rule of law, independent media, and U.S. engagement in 

international affairs.



[12] Kaliningrad covers about 15,000 square kilometers and has just 

under 1 million people.



[13] The Open Society Institute is a private foundation that develops 

and implements a range of programs in civil society, education, the 

media, public health, and human and women’s rights as well as social, 

legal, and economic reform.



[14] Human Rights Watch is an international nongovernmental 

organization that monitors the protection of civil liberties and human 

rights around the world.



[15] Turnout for the parliamentary elections was 70.1 percent. The 

Movement for a Democratic Slovakia party won 19.5 percent of the vote 

(36 out of 150 legislative seats); Prime Minister Mikulas Dzurinda’s 

Slovak Democratic and Christian Union party placed second with 15.1 

percent (28 seats in parliament); Robert Fico’s Smer (Direction) party 

finished third with 13.5 percent (25 seats); the ethnic Hungarian 

Coalition Party received 11.2 percent (20 seats); the Christian 

Democratic Movement received 8.3 percent (15 seats); the Alliance for 

New Citizens received 8.0 percent (15 seats); and the unreformed 

Communist Party received 6.3 percent of the vote (11 seats). (Total may 

not add to 100 percent due to rounding).



[16] Freedom House is a nongovernmental organization that conducts 

research and promotes human rights, democracy, free market economics, 

the rule of law, independent media, and U.S. engagement in 

international affairs.



[17] Improvements that were still needed as of the issuance of the 

European Union’s report may have been partially or fully addressed 

since then.



[18] The Fraser Institute is an independent Canadian economic and 

social research and educational organization that works to raise the 

level of understanding about economic and social policy. The Heritage 

Foundation is a research and educational institute that promotes 

conservative public policies that are based on the principles of free 

enterprise, limited government, individual freedom, traditional 

American values, and a strong national defense.



[19] For the Fraser Institute, the key ingredients of economic freedom 

are personal choice, voluntary exchange, freedom to compete, and 

protection of person and property.



[20] The Heritage/The Wall Street Journal index defines economic 

freedom as the absence of government coercion or constraint on the 

production, distribution, or consumption of goods and services beyond 

the extent necessary for citizens to protect and maintain liberty.



[21] The European Union defines a functioning market economy to have 

liberalized prices and trade, an enforceable legal system in place, 

macroeconomic stability and consensus about economic policy, a well-

developed financial sector, and the absence of any significant barriers 

to market entry and exit.



[22] The European Union’s measure for the ability of a market economy 

to cope with competitive pressures and market forces within the union 

includes the existence of a market economy, a stable macroeconomic 

framework, a sufficient amount of human and physical capital, and 

efficient state enterprises with access to outside finance.



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