Name

Bosnia and Herzegovina

Beginning with the staff observation of the first multi-party elections in Bosnia-Herzegovina in November 1990, the Helsinki Commission has consistently been the most active body in the U.S. Congress in terms of following developments in that country and advocating policy responses. 

The first Congressional Delegation visit organized by the Commission took place in 1991, more than a year before the Bosnian conflict began. On several occasions, Helsinki Commissioners traveled on the military airlift providing humanitarian aid to Sarajevo during the course of the 1992-95 conflict, and several delegations traveling to neighboring countries like Croatia, Romania and Macedonia were undertaken to meet with Bosnian refugees, assess the potential for conflict spillover, and encourage compliance with internationally imposed sanctions on Milosevic’s Serbia. 

The aggression and ethnic cleansing which took place in Bosnia-Herzegovina from 1992 to 1995 – and the war crimes, crimes against humanity and genocide which defined those policies – remain the most severe violations of OSCE principles in a participating State since the Helsinki Final Act was signed in 1975.  The Helsinki Commission documented the atrocities and abuses through regular congressional hearings and briefings and used these fora as well as correspondence, press conferences, meetings with senior Administration officials and legislation to discuss and advocate policy responses.   

Beyond the initial efforts to merely contain the conflict, Helsinki Commissioners pressed U.S. leadership for decisive efforts to stop it, including the use of NATO assets to end the siege of Sarajevo and protect UN-designated safe havens, as well as to lift the arms embargo imposed on Bosnia-Herzegovina. Other Commission responses included early and active support for the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) to hold those responsible for atrocities to account, increased efforts to provide humanitarian aid, the greater acceptance of Bosnian refugees into the United States and the secondment of Commission staff to an OSCE spillover prevention mission.

The Dayton Agreement of November 1995 ended the Bosnian conflict. While concerned about some of the compromises made in Dayton for the sake of securing peace, the Commission continued a high-level of public activity to ensure that the core element of the agreement – Bosnia-Herzegovina as a viable state with its sovereignty and territorial integrity respected by its neighbors and with its citizens able to return to the country and their homes to begin the process of rebuilding, recovery and reconciliation – would be realized and sustained. The Commission focused particularly on the conduct of post-Dayton elections, including through their observation, assistance for democratic forces and independent institutions in Bosnia-Herzegovina, protections for displaced persons returning to areas where they now found themselves as highly vulnerable ethnic minorities, the exhumation of mass graves for the sake of criminal prosecution and ascertaining the fate of missing persons, and cooperation with the international tribunal by all states concerned. These efforts continue to this day. 

New issues have also arisen, including the commemoration of the Srebrenica genocide, Bosnian aspirations to join NATO and the European Union, and the development of more effective government and adoption of constitutional reform measures that are necessary to make that happen. Helsinki Commissioners continue to press for continued U.S. engagement and international vigilance, including through continued legislative efforts in the U.S. Congress, to ensure the country completes the reform process and is integrated into European and Euro-Atlantic institutions along with its neighbors.

A 2009 visit was the latest formal Commission visit to the country and actively sought to encourage political reforms in Bosnia-Herzegovina. Although Bosnia-Herzegovina has demonstrated the capacity to implement reasonably free and fair elections, Commission staff continues to observe the electoral process, most recently in October 2014.

Staff Contact: Bob Hand, senior policy advisor

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    WASHINGTON—Seven members of Congress traveled to the OSCE Parliamentary Assembly (OSCE PA) Annual Session in Tbilisi, Georgia last week to demonstrate the U.S. commitment to the principles of the Helsinki Final Act, including respect for human rights and fundamental freedoms. At the Annual Session, which brought together nearly 300 parliamentarians from 54 of the 57 OSCE participating States, the U.S. lawmakers introduced several successful resolutions and amendments targeting current challenges facing the OSCE region, ranging from human trafficking to discrimination and anti-Semitism to the abuse of Interpol mechanisms to target political opponents and activists. The delegation included Helsinki Commission Chairman Rep. Chris Smith (NJ-04), Co-Chairman Sen. Roger Wicker (MS), Commissioner Rep. Robert Aderholt (AL-04), Commissioner Rep. Randy Hultgren (IL-14), Rep. Mike Fitzpatrick (PA-08), Rep. Richard Hudson (NC-08), and Rep. David Schweikert (AZ-06). Rep. Aderholt currently serves as a vice-president of the OSCE PA, while Sen. Wicker was re-elected to a third term as chair of the OSCE PA Committee on Political Affairs and Security, also known as the First Committee, during the annual meeting. Chairman Smith led international lawmakers in battling international human trafficking and child sex tourism through a successful resolution calling on all OSCE participating States to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists. Chairman Smith, who serves as the OSCE PA Special Representative on Human Trafficking Issues, also hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies. A second U.S. resolution, authored by OSCE PA Special Representative for Anti-Semitism, Racism and Intolerance and Helsinki Commission Ranking Sen. Ben Cardin (MD), called for action against the anti-Semitic and racist violence sweeping across North America and Europe. The resolution, which passed overwhelmingly, urged members of the OSCE to develop a plan of action to implement its long-standing body of tolerance and non-discrimination agreements, called for international efforts to address racial profiling, and offered support for increased efforts by political leaders to stem the tide of hate across the region. The resolution was fielded by Commissioner Hultgren. Chairman Smith also called on participating States to more effectively prevent and combat violence against European Jewish communities through the introduction of two amendments to the resolution of the OSCE PA General Committee on Democracy, Human Rights and Humanitarian Questions (also known as the Third Committee). His first amendment called for the explicit recognition of the increase in anti-Semitic attacks in the region, while the second encouraged participating States to formally recognize and partner with Jewish community groups. Responding the abuse of Interpol systems for politically motivated harassment by Russia and other members of the OSCE, Co-Chairman Wicker authored a successful amendment to the First Committee resolution, which called on participating States to stop the inappropriate placement of Red Notices and encouraged Interpol to implement mechanisms preventing politically motivated abuse of its legitimate services. The amendment was fielded by Rep. Hudson. During the Annual Session, members of the delegation also offered strong support for important resolutions fielded by other countries, including one by Ukraine on human rights in illegally occupied Crimea and another on the 30th anniversary of the Chernobyl nuclear accident. They voted for a highly relevant resolution on combating corruption fielded by Sweden, and helped to defeat a Russian resolution attacking the Baltic States, Poland and Ukraine in the context of combating neo-Nazism.  U.S. delegates indicated their support for the work of attending Azerbaijani human rights activists, and met with attending members of the Israeli Knesset.  While in Tbilisi, the group also met with several high-ranking Georgian officials, including Prime Minister Giorgi Kvirikashvili; Tedo Japaridze, Chairman of the Foreign Relations Committee, Parliament of Georgia; Mikheil Janelidze, Georgian Minister of Foreign Affairs; and David Bakradze, Georgian Minister of European and Euro-Atlantic Integration.

  • Chairman Smith Leads International Legislators against Human Trafficking, Child Sex Tourism

    WASHINGTON—The OSCE Parliamentary Assembly passed a resolution authored by Helsinki Commission Chairman Rep. Chris Smith (NJ-04) against international human trafficking and child sex tourism. The resolution was passed at the 2016 annual session of the OSCE Parliamentary Assembly (OSCE PA), and has an agenda-setting effect for the 57-member intergovernmental organization. Smith, who leads the U.S. Delegation to this year’s OSCE PA Annual Session, introduced a resolution calling on all OSCE participating States to work with the private sector and civil society to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists.  The resolution also urges all OSCE participating States to enact laws allowing them to prosecute their citizens and legal permanent residents for child sexual exploitation committed abroad, and to strengthen international law enforcement cooperation to ensure that nations know about travel by convicted pedophiles prior to their arrival. “More children than ever before are being exploited – child sex tourism is soaring while protection lags,” said Chairman Smith. “We must work together to protect children from convicted pedophiles and opportunistic predators who exploit local children with impunity during their travels abroad. Prevention and prosecution should go hand in hand.” In addition to introducing the SECTT resolution, Chairman Smith hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies. “Child predators thrive on secrecy – a secrecy that allows them to commit heinous crimes against the weakest and most vulnerable,” said Chairman Smith.  “Recent changes in the laws of the United States and partner countries are putting child predators on the radar when they travel internationally, but much remains to be done.” Chairman Smith has served as OSCE PA Special Representative on Human Trafficking Issues since 2004. His efforts to raise the profile of the human trafficking problem in the OSCE region are reflected in the 2013 Addendum to the OSCE Plan of Action to Combat Trafficking in Human Beings, and have prompted other parliamentarians to take the lead in addressing human trafficking in their respective capitals. Chairman Smith first raised the issue of human trafficking at the 1999 St. Petersburg Annual Session, the first time it appeared on the OSCE agenda. Since then, he has introduced or cosponsored a supplementary item and/or amendments on trafficking at each annual session of the OSCE PA, including on issues such as sex tourism prevention, training of the transportation sector in victim identification and reporting, corporate responsibility for trafficking in supply chains, and special protections for vulnerable populations. In addition to authoring the 2016 International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes through Advanced Notification of Traveling Sex Offenders, he authored the landmark U.S. Trafficking Victims Protection Act of 2000 and its 2003 and 2005 reauthorizations. Chairman Smith co-chairs the United States Congressional Human Trafficking Caucus.

  • Chairman Smith Champions Improved Security for European Jewish Communities at Annual Meeting of OSCE Parliamentarians

    WASHINGTON—At the 2016 OSCE Parliamentary Assembly (OSCE PA) Annual Session, meeting in Tbilisi, Georgia this week, Helsinki Commission Chair Rep. Chris Smith (NJ-04) today called on participating States to more effectively prevent and combat violence against European Jewish communities in the face of increasing anti-Semitic violence in the region. “Violent anti-Semitic attacks are on the rise in several European countries – and there is a lot more we can do to stop it,” said Chairman Smith, who led the U.S. delegation to the event. “European police and security forces should be partnering with Jewish community security groups, and the United States government should be working with the European governments to encourage this. The terrorist threat to European Jewish communities is more deadly than ever. We must act to prevent a repeat of the horrific massacres of Paris and Copenhagen.”  Chairman Smith offered two amendments to the draft resolution of the OSCE PA General Committee on Democracy, Human Rights and Humanitarian Questions (also known as the Third Committee). His first amendment called for the explicit recognition of the increase in frequency, scope, and severity of anti-Semitic attacks in the OSCE region, while the second called on participating States to formally recognize and partner with Jewish community groups to strengthen crisis prevention, preparedness, mitigation, and responses related to anti-Semitic attacks. Both amendments reflect consultations with and requests from European Jewish communities. Chairman Smith has a long record as a leader in the fight against anti-Semitism.  He co-chairs the Bipartisan Task Force for Combating Anti-Semitism in the U.S. House of Representatives and authored the provisions of the U.S. Global Anti-Semitism Review Act of 2004 that created the Office to Monitor and Combat Anti-Semitism within the U.S. State Department. In 2015, he authored House Resolution 354, a blueprint for strengthening the safety and security of European Jewish communities. Following his landmark 2002 hearing on combating the escalation of anti-Semitic violence in Europe, “Escalating Anti-Semitic Violence in Europe,” he led a congressional drive to place the issue of combating anti-Semitism at the top of the OSCE agenda. As part of this effort he authored supplemental resolutions on combating anti-Semitism, which were adopted at the 2002, 2003, and 2004 Annual Sessions of the OSCE PA. In 2004 the OSCE adopted new norms for its participating States on fighting anti-Semitism. Chairman Smith is a founding member of the the Inter-Parliamentary Coalition for Combating Anti-Semitism (ICCA), where he also serves on the steering committee. In the 1990s, he chaired Congress’s first hearings on anti-Semitism and in the early 1980s, his first trips abroad as a member of Congress were to the former Soviet Union, where he fought for the release of Jewish “refuseniks.”

  • Witness Profile: Dr. Valery Perry

    Dr. Valery Perry was one of four expert witnesses at the Helsinki Commission’s May 25, 2016 hearing, “Combatting Corruption in Bosnia and Herzegovina.” Dr. Perry’s interest in Bosnia began in 1997, when she helped supervise the country’s first municipal elections. Seeing it as a “fascinating example of a peace process,” she completed her Ph.D. research in Bosnia while simultaneously working for several organizations on aspects of peace implementation, democratization, and good governance. During the early post-war years, Perry believes that many Bosnians felt that the situation in the country was improving. However, today there seems to be a sense that the country’s development has not only stagnated, but may even be regressing. During the negotiations of the Dayton Accords, Bosnian citizens were not consulted about the ramifications of the agreement or the new constitution, Perry notes, although they have had to live with the consequences. “It’s troubling for me to think that the United States and some of its allies put in place a peace agreement and a framework constitution that may have served its purpose at one point, but is now actually limiting the ability for citizens to create the vision that they want and to hold their leaders accountable,” she says. “One thing you hear all the time when you talk to people who are from Sarajevo is that the city was very different before the war,” Perry continues. “There are so many people in Bosnia who just want the same things anyone anywhere wants – a decent job, good education for their children, safe streets…. and yet they are so poorly served by this post-war system.” As a result, she observes, the lack of social trust in Bosnia is pervasive. “There’s almost a built-in, learned helplessness, especially among young people who have grown up in a fairly dysfunctional system…assuming that if they don’t join a political party they’ll never get a job, and if they’re not prepared to either use connections or possibly even pay a bribe they won’t pass their exams at the university.” “It became very clear to me that corruption is at the heart of what happens when you don’t have good governance, when you don’t have an accountable electoral system, when you don’t have independent media, and when you don’t have a functioning judiciary,” she says. For example, in Bosnia it is rare to hear of corruption cases that are investigated, prosecuted, and have successfully progressed through the entire appeals process. “The judicial system is really not independent,” she says. “We see a lot of cases where someone is found guilty of corruption or abuse of office, but then there are simply repeated appeals until they get the judge and the decision that they want…everything is politicized and divided according to ethnic and national affiliation rather than merit and civic responsibility.” As a first step to addressing the systematic corruption, Perry recommends strengthening laws on conflict of interest, political party financing and state enterprise regulation and transparency. “It would be useful to look at a number of pieces of legislation that are either weak or have recently been weakened, and try to strengthen those…any reforms that lead to legislation need to be accompanied by very clear articulation of which agencies are competent and responsible for seeing them through,” she suggests. “There [also] needs to be vigorous oversight by investigative journalists and civil society actors and others to move forward.” According to Perry, the United States and the international community can support anti-corruption efforts, but the challenge is complicated. “These issues should become a part of election campaigns and debates,” she says. “I think that this is where the US and other international actors involved in Bosnia can get involved as well: by supporting activists and citizens who are in the public debate and together asking, why any officials or candidates would be against more transparency in terms of appointment to the enterprises, or support opaque financing from the public purse?” In addition to her anti-corruption work, Dr. Perry is also working on a documentary film – “Looking for Dayton” – which follows the experience of three men who fought in Sarajevo during the siege and who visit the US and Dayton Ohio 20 years after the end of the war to find out more about the place that shaped the peace and the Dayton Agreement. She says, “We have a lot of work to do but we’re hoping to use the medium of film to tell a story that is interesting in terms of broader issues related to war and its aftermath and its effect on regular people.”   

  • Witness Profile: Ambassador Jonathan Moore

    Ambassador Jonathan Moore is the OSCE’s ambassador to Bosnia and Herzegovina, and has spent most of his career working on the Balkans. He testified at the Helsinki Commission’s May 25, 2016 hearing, “Combatting Corruption in Bosnia and Herzegovina.” Corruption is one of the biggest problems in Bosnia and Herzegovina, and Ambassador Moore is particularly concerned about its dire effects on young people. “It’s an obstacle that drives young people out of the country and it keeps investors away,” he says. “Corruption needs to be combatted on all levels and I am very glad this hearing talked about it.” He identifies part of the problem as lack of privatization, and notes that political patronage plays a significant role in public enterprises like schools and universities. “There hasn’t been much privatization in Bosnia and Herzegovina,” he says. “Imagine you are a 14-year-old and you’re very smart and have great grades. You want to go to a certain kind of public high school—a gymnasium. Well, you might not get admitted unless you have the right kind of political connections. As a 14-year-old, you are not selected because you don’t have the right connections, or you’re not bribing the right people.” The cycle continues at the stage of university applications; graduates seeking jobs in public enterprises continue to face the same challenge. “Again, political patronage and political control,” he explains. “If you don’t fulfill the right criteria politically—it’s not about how smart you are—you don’t get the job you want. So it’s easier to say, ‘Enough,’ and leave. The bottom line is that politics is everything in Bosnia and Herzegovina, and that’s why I started and ended [my testimony] by saying all politics is local.” Ambassador Moore argues very strongly for action at the local level, especially in the 143 municipalities around the country, each with its own mayor. “In many of these cases, these mayors are very innovative and very perceptive,” he notes. “They’ve worked across religious and ethnic lines with their constituents, their fellow neighbors. Mayors don’t hide themselves off in offices in some capital city. They live there, they see these people every day who ask, ‘Why is the school falling apart?’ and say, ‘Fix the sidewalk,’ or ‘The sewer is backed up into my apartment building.’” Ambassador Moore thinks it is important to shine a light on those local officials who have desegregated the schools and are speaking up for different ethnic communities. “We have examples from the flood of 2014, where we saw [a mayor] who made sure that the resources went to all the victims and not just to his friends. Giving credit where credit is due to the positive examples, rather than just saying, ‘It’s a huge problem and nothing can be done,’ is of great merit.” Ambassador Moore believes that it is important to understand the importance of investing in the security and stability of the international realm. Countries without conflict, including Bosnia, are safer, better trading partners, and are more conducive to developing the innovative skills of the young generation. “When you have a country in this cycle of conflict, nobody has the time, resources, energy, or money to put ideas on the table in a positive way,” he says.

  • Helsinki Commission Leaders Mourn Passing of Former Senator and Commissioner George Voinovich

    WASHINGTON—Following the death of former U.S. Senator and Helsinki Commissioner George Voinovich on Sunday, Helsinki Commission Chairman [[{"fid":"3378","view_mode":"full","attributes":{"alt":"Former Senator and Helsinki Commissioner George Voinovich","title":"Former Senator and Helsinki Commissioner George Voinovich","height":"1024","width":"682","style":"margin: 10px 25px; width: 250px; height: 375px; float: right;","class":"media-element file-full"},"type":"media"}]]Representative Chris Smith (NJ-04) and Co-Chairman Senator Roger Wicker (MS) issued the following statements: “During his time in the Senate, Senator George Voinovich was a staunch supporter of the Helsinki Commission and its human rights mandate,” said Chairman Smith. “His dedication to the Helsinki principles of respect for the sovereignty of countries and for the human rights of people was an inspiration to his colleagues.  At meetings of the OSCE Parliamentary Assembly as well as Commission hearings and events in Washington, the Senator particularly focused his work on promoting peace and stability in the Balkans, and tirelessly supported efforts to combat anti-Semitism.” “We continue to pursue Senator Voinovich’s vision for a Europe that is free and peaceful,” said Co-Chairman Wicker.  “Just last month, the Commission held a hearing on the Balkans that sought to build a better, more prosperous future for the region.  In the Senate, Senator Voinovich personally spearheaded the expansion of NATO to members of the Transatlantic Alliance who would otherwise have fallen prey to Russia.  He understood that as times change, one thing does not: America can still make a difference.  Senator Voinovich’s legacy is a reminder of this fundamental truth and an inspiration to all of us.”

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