Name

Bulgaria

The Republic of Bulgaria, with a population of 7.3 million, is a parliamentary democracy and, along with neighboring Romania, the most recent NATO and EU member. The constitution vests legislative authority in the unicameral National Assembly. A coalition government headed by a prime minister has led the country since 2014. Elections in Bulgaria have generally complied with OSCE standards but vote buying remains a problem.  The marginalization of the Romani minority remains the country’s most pressing human rights problem.  Corruption has continued to undermine public trust in the judiciary and other government institutions.

The Commission has observed many Bulgarian elections since the fall of the Communist regime in 1990.  In the late 1980s, the Commission was a leading voice in defending the rights of the ethnic Turkish minority, which was subjected to a forcible assimilation campaign at the time. The Commission has also been active in addressing the rights of the Romani population.

Staff Contact: Michael Cecire, senior policy advisor

  • Related content
  • Related content
Filter Topics Open Close
  • The Human Rights Situation of Roma: Europe's Largest Ethnic Minority

    This briefing addressed the status of Roma, Europe’s largest minority and also one of its most marginalized. In particular, the causes and implications of the housing crisis facing Roma; the progress of efforts to end segregated education in the region; and the impact on Roma of rising populist and extremist movements were discussed.  Personal testimonies presented by the witnesses addressed the disproportionate levels of poverty, illiteracy, and unemployment that Roma face throughout the region, but also examined the current actions undertaken by Roma to gain control of their political destiny – including winning seats in the European Parliament and winning cases before the European Court on Human Rights.

  • From Promises to Practice: Implementation of National Policies on Roma, Sinti and Travellers

    By Erika Schlager, Counsel for International Law A recent conference on Romani issues provided a positive benchmark on how far the international community has come in addressing discrimination toward Europe’s largest ethnic minority group.  The meeting also served to highlight how much more national governments have to do to address the needs of Roma in their countries.  On May 4 and 5, 2006, the Government of Romania, along with several inter-governmental and non-governmental partners, hosted an “International Conference on the Implementation and Harmonization of National Policies for Roma, Sinti, and Travellers:  Guidelines for a Common Vision.”  The two-day meeting, conducted in Romani, Romanian, and English, was well attended and focused on housing, employment, community policing, and the status of Roma in Kosovo. Although one opening speaker joked that the magnitude of logos on display for the numerous hosts reminded him of medieval European heraldic insignia, the meeting demonstrated that at least in one area – Romani issues – two major players in this field, the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe, are able to put aside institutional rivalries in favor of cooperation.  The conference hosts included the Austrian Presidency of the Council of the European Union, the Council of Europe, the European Commission, the European Union Monitoring Center, the European Roma and Travellers Forum, the OSCE, the Project on Ethnic Relations, and the Romanian Government in its capacity as Chair of the Council of Europe and as President of the Decade of Roma Inclusion.  The Bucharest conference was convened to follow up on a similar meeting held in October 2005 in Warsaw. The title of the meeting underscored one of the key goals of Romani activists: turning promises into practice.  For national governments, this means developing both the legal framework as well as the political will necessary for the full implementation of national policies and practices that meet the needs of their Romani minorities.   Currently eight countries – Bulgaria, Croatia, the Czech Republic, Hungary, Macedonia, Romania, Serbia and Montenegro, and Slovakia – participate in the “Decade of Roma Inclusion.”  The Decade is a multilateral initiative, supported by the Open Society Institute (OSI) and the World Bank, designed to establish measurable national goals for improving the situation of Roma in four priority areas:  education, employment, health, and housing.  In the context of this initiative, all of the countries involved have adopted national action plans as a basis for addressing these specific areas during the period 2005-2015. Romani leaders look to opportunities like the Bucharest conference to push for improved implementation of the action plans.  Nicolae Gheorghe, a veteran of the Romani civil rights movement who will soon conclude his tenure as the OSCE Senior Advisor remarked that, 16 years ago, he thought the impetus for change would come from international organizations.  Today, he suggested, change must be implemented by national governments. The focus of the conference was by no means exclusively on the eight Decade countries.  While these eight countries collectively are home to roughly half of Europe’s Romani population, the addition of Central Europe’s large Romani minority into an expanded European Union has also served to heighten the attention given to Romani issues in Western Europe.  This heightened awareness was reflected in the inclusion of speakers from countries such as Finland, Spain, Sweden, and the United Kingdom.  Indeed, one Council of Europe speaker drew pointed attention to problems “in some of the oldest members of the European Union.” The situation of Roma in Kosovo as well as Kosovo Romani refugees and internally displaced person was addressed in a plenary session that underscored the widespread concern over the precarious situation of that particular Romani community.  The plight of Kosovo Roma remains a top priority for Romani activists across the region.  Some speakers argued that Romani representatives should be included in the ongoing status talks on Kosovo. The conference also addressed the issues of housing, employment, and police relations as they relate to the Romani communities.  A Council of Europe official suggested that, in the aftermath of Romania’s recent floods, the Romanian Government should take advantage of the opportunities presented in the post-emergency context to regularize the legal status of Romani housing in flood-affected areas.  A Hungarian Romani police officer noted that the inspiration for his transnational Romani Police Officers Association came from a meeting in New York with representatives of the National Black Police Officers Association. Changes Bring New Challenges As a benchmark for progress, the conference clearly showed how far the international community has come in addressing Roma issues.  In 1994, the OSCE held its first seminar on Romani human rights issues.  At that meeting, two interventions illustrated clearly the chasm that separated governments from the experiences and perspectives of their most vulnerable citizens.  On one side stood Florina Zoltan, who described the brutal pogrom in Hadareni, Romania, that one year earlier had left her a young widow.  On the other side, an Italian Government official welcomed the opportunity to attend a meeting where one could finally talk about that pesky “Gypsy crime problem.”  There was little room for dialogue, let alone mutual cooperation. Twelve years later, the landscape has changed dramatically.  Many government delegations to the Bucharest conference included Romani officials, and the improvements made in protecting the basic human rights of Roma now leaves enough political space for the discussion of other factors which contribute to the marginalization of Europe’s largest minority.  (At the same time, this development prompted one Romani NGO to lament the virtual decapitation of the Romani civil rights movement:  as more Roma move into government and inter-governmental positions, there are fewer independent Romani voices to hold those authorities accountable.) As the number of international meetings on Romani issues has increased in recent years, organizers of such meetings face considerable challenges in meeting the ever higher expectations for them, and governments, non-governmental actors, and international organizations must work hard to avoid duplication and create a sense of forward motion and real change.  And, as suggested in concluding remarks by a Council of Europe representative, such conferences must figure out how to reach out to local governments, national parliaments and, above all, the majority populations which are the source of the discrimination Roma face.

  • Advancing the Human Dimension in the OSCE: The Role of the Office for Democratic Institutions and Human Rights

    This hearing, led by the Helsinki Chairman the Hon. the Hon. Sam Brownback, Co-Chairman the Hon. Christopher H. Smith Office, and ranking member the Hon. Alcee L. Hastings, examined the role that Democratic Institutions and Human Rights (ODIHR) has played over the last fifteen years. ODIHR’s role in advancing human rights and the development of democracy in the OSCE participating States was noted and agreed to be particularly important. ODIHR is engaged throughout Western Europe and the former Soviet Union in the fields of democratic development, human rights, tolerance and non-discrimination, and promotion of the rule of law and has set the international standard for election observation. Within the hearing, the challenges that ODIHR faces were examined, specifically those instigated by the Russian Federation, Belarus and a small minority of the OSCE participating states seeking to undermine the organization under the guise of reform.  ODIHR has earned an international reputation for its leadership, professionalism, and excellence in the area of election observation.  That being said, ODIHR’s mission is much broader, encompassing a wide range of human rights activities aimed at closing the gap between commitments on paper and the reality on the ground in signatory countries.    

  • Tools for Combating Anti-Semitism: Police Training and Holocaust Education

    The Helsinki Commission held a briefing on Holocaust education tools and law enforcement training programs undertaken by the Organization for Security and Cooperation in Europe. Co-Chairman Smith cited the vicious murder of Ilan Halimi as a reminder of the need to redouble efforts to combat anti-Semitism and to speak out when manifestations of related hatred occur.  The briefing highlighted specific programs which promote awareness of the Holocaust and provide law enforcement professionals with the tools to investigate and prosecute hate-inspired crimes.   Paul Goldenberg, a Special Advisor to ODIHR who designed the law enforcement training program which assists police to recognize and respond to hate crimes, stressed that law enforcement professionals must be recognized as an integral part of the solution.  Dr. Kathrin Meyer addressed the challenges presented by contemporary forms of anti-Semitism and highlights ways to address the subject in the classroom. Other witnesses – including Rabbi Andrew Baker, Director of International Jewish Affairs for the American Jewish Committee; Stacy Burdett, Associate Director of Government and National Affairs, Anti-Defamation League; and Liebe Geft, Director, Simon Wiesenthal Center’s Museum of Tolerance also presented testimony at this briefing.

  • European Court Rules in Critical Czech Desegregation Case; Equal Access to Education for Roma Remains Goal

    By Erika B. Schlager Counsel for International Law Summary In 1999, several Romani students from the Czech Republic brought a suit before the European Court on Human Rights alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated European human rights law.  On February 7, 2006, a seven-member Chamber of the Court held that the applicants failed to prove that their placement in “special schools” was the singular result of intentional racial discrimination.  The plaintiffs have 3 months to appeal to a 17-member Grand Chamber.  Elsewhere in Central and Southern Europe, Roma are also pursuing efforts to achieve equal access to education. Background During the Communist-era, many East European countries developed a practice of channeling Roma into schools for children with mental disabilities, called “special schools.”  Critics have argued that this practice constitutes, de facto, a form of segregating Roma into a separate and inferior school system. The Ostrava Case “Unsatisfactory performance of Gypsy children in Czech and Slovak schools is often “solved” by transferring the children to special schools for the mentally retarded. During the school year of 1970-71 in the Czech lands alone, about 20% of Gypsy children attended these special schools as against only 3% of children from the rest of the population. According to psychological tests the great majority of these children should not be in these schools. This indiscriminate transferring of Gypsy children to these special schools, which is the general practice, reflects unfavorably on the whole Gypsy population. A child who “graduates” from such a school has the same standing as a child who did not finish his basic schooling. Access to better employment opportunities is closed. Even art schools are closed to them, while persons with special musical talent - not uncommon among Gypsies - are shunned. Musical and dance groups are interested in these talented persons, however, they cannot employ them. “The main reason for the unsatisfactory performances of Gypsy children is the fact that there are no schools which teach Gypsy culture and try to develop it. The powers that be are, on the contrary, doing everything to suppress Gypsy culture and the media assists in this destruction by spreading lies, such as that Gypsy culture does not exist. Gypsy children are forced to attend schools where they are taught in the Czech or Slovak language and where, from the pictures in the primer, they get the impression that they are foreign, that they are second class citizens, without their own language, without a past and without a future.”   - Situation of the Gypsies in Czechoslovakia, Charter 77 Document No. 23, issued December 13, 1978 by Vaclav Havel and Dr. Ladislav Hejdanek, Charter 77 Spokesmen In 1999, a group of Roma from Ostrava, the Czech Republic’s third largest city, brought suit against their government, alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated Czech national and constitutional law, as well as European human rights law. At the time the case was brought, a number of Czech newspapers ran editorials indirectly espousing some form of school segregation.  For example, one leading newspaper ran an article arguing that educating a “future plumber” and a “future brain surgeon” together ultimately benefits neither one. On October 20, 1999, the Czech Constitutional Court rejected the plaintiffs’ claim.  In the view of the court, it did not have the jurisdiction to address the broad pattern of discriminatory treatment alleged – allegations supported by compelling statistical evidence but no smoking gun that proved an explicit intent to discriminate against the individual plaintiffs. Notwithstanding the Constitutional Court’s perceived jurisdictional inability to provide a remedy to the plaintiffs, the Court recognized “the persuasiveness of the applicants’ arguments” and “assume[d] that the relevant administrative authorities of the Czech Republic shall intensively and effectively deal with the plaintiffs’ proposals.” Having exhausted their domestic remedies, the students then turned to the European Court of Human Rights in Strasbourg, an organ of the Council of Europe. In connection with that suit, Case of D.H. and Others v. The Czech Republic, the Czech Government acknowledged that, nationwide, 75 percent of Czech Roma were channeled into special schools.  In some special schools, Roma made up 80-90 percent of the student body.  The Czech Government also acknowledged that “Roman[i] children with average or above-average intellect [we]re often placed in such schools” for children with mental disability. In opposing the plaintiffs’ claims, the Czech Ministry of Education attempted to deflect an examination of whether their placement in schools for the mentally disabled was the result of racial bias by claiming (among other things) that Romani parents have a “negative attitude” toward education. This assertion was particularly ironic, given the lengths to which the plaintiffs’ parents were willing to go – all the way to Europe’s highest human rights court – to ensure their children could get a good education. “In countries with substantial Romani communities, it is commonplace for Romani children to attend schools that are largely comprised of Roma or to be relegated to Roma classes within mixed schools. In its most pernicious form, segregation is achieved by routing Romani children into ‘special schools’ – schools for the mentally disabled – or into classes for mentally disabled children within regular schools”. - Report on the Situation of Roma and Sinti in the OSCE Area, issued by the OSCE High Commissioner on National Minorities, 2000 Moreover, this broad sweeping generalization, originally made before the Czech Constitutional Court, was viewed by some as confirmation of racial prejudice in the Czech education system. Remarkably, it was repeated without comment in the European Court’s decision.  Putting aside the bias reflected in the Ministry of Education’s assertion, there is no evidence demonstrating that a parent’s “negative attitude” results in actual mental disability in his or her children. Meanwhile, the Czech Government adopted some changes to the law on special schools which came into effect on January 1, 2005 (Law No. 561/2004) and on February 17, 2005 (Decree No. 73/2005).  To some degree, these changes were reactive to the issues raised by the Ostrava suit, including the criticisms of the procedures by which parental consent was purportedly obtained for the placement of children in special schools.  Nevertheless, non-governmental groups monitoring this situation argue that the changes have not dismantled an education system that remains effectively segregated and that the changes fail to provide redress or damages for the Romani plaintiffs from Ostrava who were denied equal access to mainstream schools. The case in Strasbourg was heard by a seven-member Chamber of European Court and resulted in a 6-1 decision.  Significantly, the President of the Chamber issued a concurring decision, in which he stated that some of the arguments of the dissenting judge were very strong.  He also suggested that in order to hold that there had been a violation of the Convention in this case, the Chamber might have to depart from previous decisions of the Court.  In his view, overturning or deviating from past rulings is a task better undertaken by the Grand Chamber of the Court.  The applicants have three months to decide whether to appeal this decision to a 17-member Grand Chamber. While the underlying issues which led Roma to bring this suit still persist, there are many indications that prejudices against Roma in the Czech Republic have diminished since the Ostrava case was first heard by the Czech Constitutional Court.  For example, when the European Court issued its holding in the case, a leading daily paper wrote that although the Czech Government “won” its case, there were still significant problems for Roma in the Czech educational system that needed to be addressed. Limitations of the European Court Decision Significantly, there were several issues the court did not address. The suit in question was brought under Article 14 of the European Convention on Human Rights, which is the non-discrimination provision of the Convention, in conjunction with Article 2 of Protocol 1 to the Convention, which provides for a right to education.  In essence, discrimination in education based on race, ethnicity or social origin is prohibited. When interpreting this standard, the Court referred to previous cases in which it held that States party to the European Convention “enjoy a certain margin of appreciation in assessing whether and to what extent differences in otherwise similar situations justify a difference in treatment.”  The Court also reiterated “that the setting and planning of the curriculum falls in principle within the competence of the Contracting States.”  In short, while European Convention norms prohibit discrimination in education, States still have considerable discretion in designing their education programs.  But while the Court reiterated this jurisprudence, it failed to indicate what is meaningfully left of Articles 14 and Protocol 1, Article 2?  What threshold must be crossed before the court will actually determine that alleged discrimination takes a case out of the discretion of the States party to the Convention and brings it within the reach of the Court? Two other issues the court did not address do not relate so much to the court’s own jurisprudence, but from parallel developments in European Union norms in the field of non-discrimination. “The European Parliament [ . . . c]alls on Member States in which Roma children are segregated into schools for the mentally disabled or placed in separate classrooms from their peers to move forward with desegregation programmes within a predetermined period of time, thus ensuring free access to quality education for Roma children and preventing the rise of anti-Romani sentiment amongst school-children.” - European Parliament resolution on the situation of the Roma in the European Union, adopted April 25, 2005 In 2000, the European Union adopted “Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,” more commonly known as the “Race Directive.”  The directive is binding on all current 25 Member States of the European Union and is intended to ensure a minimum level of protection from race discrimination in all EU countries in several areas, including education.  (The fifteen countries that were EU members as of 2000 had until July 19, 2003, to transfer the directive into national law; applicant countries had until the date of their accession.  The Czech Republic joined the EU in 2004 but, in fact, it has not yet adopted comprehensive anti-discrimination legislation.  Legislation was introduced in the parliament in late 2005, but the draft was narrowly rejected by the Senate in January 2006.) The Race Directive requires Member States to adopt comprehensive anti-discrimination legislation that, among other things, requires anti-discrimination legislation to include both direct and indirect discrimination.  Indirect discrimination, which is at issue in the Ostrava case, is defined by the directive as occurring when “an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are proportionate and necessary.”  The legislation should also shift the burden of proof in civil cases from the plaintiffs to the defendants once a prima facie case of discrimination has been made. Thus, the EU Race Directive anticipates exactly the kind of case the plaintiffs in the Ostrava case presented.  Under the provisions of the directive, the overwhelming pattern of disparate treatment of Roma demonstrated by the plaintiffs should shift the burden of proof from them to the Czech Government.  (Notably, the directive was not applicable to the Czech Republic at the time of the Constitutional Court’s decision.) While the European Court of Human Rights does not adjudicate compliance with or implementation of the EU Race Directive, the Court’s overall approach to the Ostrava case appears to lag behind the legal developments in the European Union and, potentially, render the European Court a less effective vehicle for addressing discrimination than other existing or emerging tools in Europe. Regional Issues and Trends On November 27, 2003, the OSCE Permanent Council adopted “Decision No. 566, Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area.”  In particular, that Action Plan calls on the participating States to “[e]nsure that national legislation includes adequate provisions banning racial segregation and discrimination in education and provides effective remedies for violations of such legislation.”  In addition, participating States were urged to: 73.  Develop and implement comprehensive school desegregation programmes aiming at:  (1) discontinuing the practice of systematically routing Roma children to special schools or classes (e.g., schools for mentally disabled persons, schools and classes exclusively designed for Roma and Sinti children); and  (2) transferring Roma children from special schools to mainstream schools. 74. Allocate financial resources for the transfer of the Roma children to mainstream education and for the development of school support programmes to ease the transition to mainstream education. Thus, all OSCE participating States, including the Czech Republic, have agreed, in principle, to the goal of integrating Roma in education and eradicating de facto segregated school where it may exist. In 2004, the European Roma Rights Center issued a report, Stigmata: Segregated Schooling of Roma in Central and Eastern Europe, examining the experiences of five countries (Bulgaria, the Czech Republic, Hungary, Romania, and Slovakia).  The report describes the most common ways of segregating Romani children from non-Roma: channeling Roma into “special schools” for children with developmental disabilities; the de facto segregation that goes hand-in-hand with existence of Romani ghettos; having mixed-population schools where Romani children are segregated into all-Romani classes; and the refusal of some local authorities to enroll Romani children in mainstream schools. The report concludes that, unfortunately, “with the exception of Hungary, concrete government action aimed at desegregating the school system has not been initiated to date.” In addition to the countries examined in Stigmata, the European Roma Rights Center has reported on unequal access to education for Roma in other countries, including Greece and Denmark.  In a 2004 Danish case, Roma were placed into separate classes in one particular locality.  Following complaints from a Romani non-governmental organization, the Danish Ministry of Education intervened to end this practice.  In the case of Greece, the Greek Helsinki Monitor has reported on several localities where Roma are denied equal access to schools.  These cases remain unresolved. In Hungary and Bulgaria, some efforts to litigate this issue have made their way into the courts, with mixed results. “Education is a prerequisite to the participation of Roma and Sinti people in the political, social and economic life of their respective countries on a footing of equality with others. Strong immediate measures in this field, particularly those that foster school attendance and combat illiteracy, should be assigned the highest priority both by decision-makers and by Roma and Sinti communities. Educational policies should aim to integrate Roma and Sinti people into mainstream education by providing full and equal access at all levels, while remaining sensitive to cultural differences.” - OSCE Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, 2003 In October 2004, the Budapest Metropolitan City Court of Appeals upheld a lower court decision ordering a primary school and the local government of Tiszatarjan to pay damages to nine Romani families whose children were wrongly placed in “special schools” between 1994 and 1999.  In June 2005, a court dismissed a case brought against the Miskolc Municipality alleging city-wide segregation.  A Hungarian non-governmental organization which assisted in filing the suit, Chance for Children Foundation, is appealing.  Other legal disputes continue to surround a self-proclaimed “private school” in Jaszladany (established at least in part with municipal resources).  A study commissioned by the Ministry of Education found the “private school” violated the law and contributed to racial segregation. Notwithstanding some recent government initiatives to address this problem in Hungary, desegregation initiatives have met resistance in significant quarters.  Former Prime Minister Victor Orban (who also heads of Hungary’s largest opposition party, FIDESZ), argued in a speech on January 29, 2006, that integrated schooling should not be mandatory, but left to local officials and parents to “choose” or reject.  In fact, the greatest resistance to integrated schooling often comes at the local level. In Bulgaria – where the government continues to deal with Roma through an office for “demographic issues” – efforts to address the causes of segregation have largely originated with the non-governmental community.  Particularly promising results have been achieved in Viden, where community-based efforts, supported by international non-governmental organizations, have resulted in integrating Roma and ethnic Bulgarian school children.  Efforts to replicate that program elsewhere, however, have not been embraced by the government. In addition, in a landmark holding, the Sofia District Court held on October 25, 2005, that the Bulgarian Ministry of Education, the Sofia Municipality and School Number 103 of Sofia violated the prohibition of racial segregation and unequal treatment provided in Bulgarian and international law.   In welcoming that ruling, the European Roma Rights Center declared, “After a period of 51 years, the soul of Brown v. Board of Education has crossed the Atlantic.”

  • The Decade of Roma Inclusion

    Mr. President, last month, the Prime Ministers of eight Central and Southern European countries met in Sofia, Bulgaria, for their first meeting in what has been dubbed “the Decade of Roma Inclusion.” This initiative is designed to spur governments to undertake intensive engagement in the field of education, employment, health and housing with respect to Europe's largest, most impoverished and marginalized ethnic minority, the Roma. The Open Society Institute, the World Bank, the European Commission and the United Nations Development Program, all supporters of this initiative, hope that this effort will result in meaningful improvements over the course of a 10-year period. In December, a donors' conference pledged $42 million for a Roma Education Fund. But the real goal is to get governments to give more help to their own people from their own budgets, as well as to make better use of the funds already available from organizations like the EU. The fact is that Romani riots in Plovdiv, Bulgaria, in 2002 and in eastern Slovakia last year should be a wake-up call for governments with significant Romani communities. These countries cannot afford to ignore the crushing impoverishment and crude bigotry that so many Roma face on a daily basis. The Decade of Romani Inclusion is all well and good, and I commend the governments that are participating in this initiative. But much more needs to be done to truly advance Romani integration. It must start with a message of tolerance and inclusion from the highest levels of government. Unfortunately, too often the voices that are heard are those spreading crude stereotypes and inter-ethnic hatred. I am particularly alarmed by what appears to be an increase in anti-Roma statements in Bulgaria. Last summer, the head of one of Bulgaria's leading trade unions, Konstantin Trenchev, broadly characterized all Roma as criminals, and then called for the establishment of vigilante guards to deal with them. More recently, Ognian Saparev, a Member of Parliament from the Bulgarian Socialist Party, dismissed the significance of reports that the Mayor of Pazardzhik has trafficked Romani girls for the benefit of visiting foreigner diplomats. Saparev reportedly claimed that the statutory rape of these girls shouldn't be considered a crime because Romani girls are “mature” at age 14. Significantly, Saparev also gained headlines last year for publishing an inflammatory article about Roma in which he argued they should be forced to live in ghettos. Even worse statements have come from Russia. Yevgenii Urlashov, a city official in Yaroslavl, recently characterized all Roma as drug dealers and called for them to be deported. Not to be outdone, fellow municipal legislator, Sergei Krivnyuk, said, "residents are ready to start setting the Gypsies' houses on fire, and I want to head this process." Although nongovernmental human rights groups have condemned this anti-Romani rhetoric, other leaders in Bulgaria and Russia have largely remained silent. But it is critical that public leaders, from all walks of life, speak out against such hate mongering. Speaking on the occasion of the 60th anniversary of the liberation of Auschwitz, Polish President Kwasniewski noted that “complete extermination was also [intended] to be the fate of the Roma community.” It will not do, 60 years after the liberation of Auschwitz, to stand by in silence while Roma are crudely caricatured as criminals, just as they were by the Nazis. And we must not stand by in silence when a member of Parliament dismisses the criminal act of trafficking of children, simply because they are Romani.

  • Slovenia’s Leadership of the OSCE

    This hearing examined the challenges facing the Organization for Security and Cooperation in Europe in 2005. New and emerging threats from external actors, including terrorist organizations and rogue regimes, have led the organization to take a greater look at its periphery and seek multilateral responses to issues ranging from terrorist financing to arms proliferation. Issues related to OSCE work were on the agenda of the recent Bush-Putin summit in Bratislava and could impact the organization’s future activity. The testimony of His Excellency Dimitrij Rupel, Foreign Minister of Slovenia and this year’s OSCE Chairman, presented an overview of the wide array of initiatives undertaken by the OSCE regarding issues like human trafficking, organized criminal activity and official corruption, anti-Semitism and other forms of intolerance, human rights violations in countries of Central Asia, and areas of tension or conflict in the Caucasus, the Balkans and elsewhere in the expansive OSCE region. Strategies for continuing to pursue these issues were discussed.

  • Democratic Change in Ukraine Provides a Backdrop of Success at the 12th OSCE Ministerial

    By Elizabeth Pryor, Senior Advisor The twelfth Ministerial Council Meeting of the Organization for Security and Cooperation (OSCE) took place in Sofia, Bulgaria, December 6-7, 2004.  The United States Delegation was led by Secretary of State Colin Powell.  Rep. Alcee L. Hastings, who is a Helsinki Commissioner, headed the delegation of the OSCE Parliamentary Assembly in his role as President of that body.  Secretary Powell noted that the United States “bases its faith in the OSCE’s future not just on past successes, but on the significant contributions this pioneering organization is making today,” citing among other achievements the preparation of landmark elections in Georgia and Afghanistan. Congressman Hastings spoke of the important work of the Parliamentary Assembly in promoting democracy, in fighting terrorism and in election monitoring, and called for more OSCE involvement in the Caucasus and Central Asia.  He concluded:  “The OSCE has enormous potential to help Europe and the world to become places of peace, stability and co-operation….the world will be more dangerous without it.” During the meeting ministers strengthened their commitment to use the organization to fight terrorism, taking several decisions that make it more difficult for terrorists to operate in the region.  They also encouraged OSCE participating states to adopt measures to fight corruption, including ratification of the UN Convention against Corruption.  They underscored the important political role of the OSCE Secretary General, gave impetus to the implementation of earlier decisions on promotion of equal opportunity for women and men, and reiterated their commitment to combat racism, xenophobia and anti-Semitism. They also pushed for quicker and better implementation of OSCE methods of eliminating stockpiles of conventional armaments and ensuring proper export documents for small arms and light weapons. New agreements to protect child victims and more vigorous attention to penalizing sex tourists, and other individuals who prey on children, enhanced earlier OSCE actions to counter human trafficking.  Ministers also agreed to augment activities that would address economic instability, through the organization’s Economic Forum. In addition, ministers welcomed the intention of the OSCE Chairman to appoint three distinguished personal representatives to combat discrimination and promote tolerance. This decision stemmed from significant meetings during the previous years which registered OSCE concern at growing instances of intolerance, some of them acts of violence.  The Bulgarian chairmanship subsequently appointed Anastasia Crickley of Ireland as the special representative to combat racism, xenophobia and discrimination; Gert Weisskirchen of Germany as the special representative to combat anti-Semitism; and Ömür Orhun of Turkey to be special representative to combat intolerance and discrimination against Muslims.      The measures taken to reduce the ability of terrorists to function in the region are especially significant. Ministers pushed to complete an agreement on comprehensive and uniform standards for border security; new methods of information exchange about the use of the Internet by terrorists–including an international meeting by experts; strong coordination with other international organizations to ensure the security of shipping containers; and a harmonized method for relaying and compiling information on lost and stolen passports through Interpol.  If agreed within the next year, as ministers hope, and implemented vigorously, collectively these decisions can dramatically curb the ability of terrorists to move people and weapons easily and change identities without detection. Texts of all of the decisions can be found at www.osce.org. *   *   *   *   * Negotiation at Sofia was difficult.  A U.S. proposal to extend and augment the provisions of a June 2004 NATO anti-trafficking plan failed to be agreed.  A Russian-proposed text that would have changed the perimeters of OSCE election monitoring was also blocked. No joint statement of the ministers could be concluded.  An important decision to extend the mandate of the OSCE Border Monitoring Operation in Georgia was not agreed. In all of these negotiations, the Russian Federation was isolated, either in its demands, or in its refusal to join consensus. Secretary of State Powell and Russian Foreign Minister Sergei Lavrov openly disagreed in their interventions about the validity of OSCE operations in the former Soviet Union.  Secretary Powell took issue with Lavrov’s assertion that OSCE’s focus on the region was disproportionate, pointing out that the United States has used the organization to discuss its own difficulties, including the abuse of detainees in U.S. custody in Iraq.  There is a long history of such disagreements within the OSCE. One need only look at the negotiating record of the original Helsinki Accords to note the seemingly insurmountable gulf that existed in 1975. At that time negotiations were complicated by disputes between the West and the then-powerful neutral and non-aligned nations, as well as between East and West. Those talks took place in an atmosphere of a near-zero diplomatic interaction between many of the countries. Yet skillful negotiation and a larger vision won the day.  Over the years the Helsinki process has witnessed stand-offs over the status of fixed–wing aircraft in the negotiations on Conventional Armed Forces in Europe (CFE); over development of new standards for media freedom; on the creation of the field missions for which it is now so celebrated; on the division of roles in election monitoring and hundreds of other issues. Indeed, one of the hallmarks of the organization is that it assumes strong disagreement among the participating States. The glory of the OSCE is that it has not seen this as an obstacle to progress, but has always kept its dialogue open and lively and found creative ways to search for common ground.  Those debating today’s issues should find the successful negotiations of the past both encouraging and instructive. In the wake of Russian intransigence, a number of newspaper comments and internal accounts of the ministerial meeting have been unduly pessimistic, with some commentators even extrapolating about the near demise of the OSCE. The disappointment seems to center on the inability of the 55-nation organization to agree to the joint statement that traditionally concludes these meetings. The fate of the highly effective Border Monitoring Operation is of real concern and should be the object of concerted, expert diplomacy by all OSCE States.  But the vitality of the OSCE is not in question, and it is striking that such an array of senior observers has limited its definition of relevancy to an almost invisible statement, the kind that in today’s diplomatic world has decreasing impact or shelf-life.  Perhaps it would have been better if those in Sofia had agreed to a joint statement, but it is largely irrelevant that they did not. For, over the past few years, the OSCE has seen stunning proof of its true relevance:  the influence of its agreed standards of conduct and its continuing ability to inspire those who are courageous enough to fight for democracy and then make it stick. This year’s Sofia meeting was dominated by Ukraine’s remarkable democratic ferment.  In Sofia, negotiations took place against a backdrop of the Ukrainian people embracing systems of liberty and justice.  Just as evident was the ineffectiveness of the oligarchs, petty tyrants and reactionary ideologues who had tried to stifle this heady movement.  The excitement and optimism were palpable as the news reports – first of the crowds in Independence Square, then the courageous actions in the parliament and courts – came filtering into Sofia’s old communist Hall of Culture, itself a symbol of the OSCE’s ability to effect positive change. There is no doubt that the events of these historic weeks owed much to three decades of the OSCE’s tireless and patient work.  First, the Helsinki process eroded the bulwark of communism; then through its mission in Ukraine and its support of many valiant NGOs, it persistently promoted the rule of law and free processes over the false security of re-emergent authoritarianism.  If it all seemed a little familiar, it was because the 2003 Maastricht ministerial meeting was colored by a similar public demand for democracy in Georgia, also a product of OSCE’s influence and persistence. And, four years ago, we welcomed another electoral surprise as Serbia’s citizens demanded the right to a valid election and a future that they themselves would determine. All of these developments are very heartening.  They attest to the indomitable will of people everywhere to live in freedom and of the important way OSCE principles support them.  The continuing quest for democracy in Europe is the true measure of the OSCE’s success.  No anodyne statement, no “family photo” of beaming foreign ministers, could possibly illustrate the OSCE’s importance as have these real and hopeful events. That the OSCE remains the major player in promoting European unity and security is also apparent in the rhetoric of some leaders who want to sabotage its work.  Notable among them are Alexandr Lukashenko, the autocrat in Belarus, who openly resists fulfilling the commitments made freely by his country, and Sparmurat Niyazov, who holds Turkmenistan under dictatorial rule. Unfortunately, others are following in this path, Vladmir Putin among them.  These increasingly authoritarian leaders see that the high principles of the Helsinki Accords can motivate people to demand their rights and thus discourage selfish governmental policies and foreign adventurism.  They want to thwart OSCE influence precisely because it stands in the way of backsliding toward the uncontrolled exercise of personal power.  Ironically, their refusal to cooperate on OSCE policies that continue the forward momentum toward freedom only serve to point up just how successful the organization has become. As it moves to celebrate the 30th anniversary of the signing of the Helsinki Accords the OSCE has much to be proud of.  But it also has a great deal of work ahead of it.  The participating States of the organization must be certain that they continue to stabilize both borders and the democratic institutions of Georgia.  Unresolved conflicts continue to fester in Moldova and Nagorno-Karabakh, and the situation in Kosovo remains fragile and tense.  Human rights are jeopardized in much of Central Asia, with the OSCE often the lone voice in their defense.  Several states have crossed the line into totalitarianism.  Well-established democracies, including the United States, need to be eternally vigilant, lest we take our fundamental freedoms for granted and allow our high ideals to be eroded.  None of this is evidence of OSCE ineffectiveness, but of our continuing need for its guidance.  The process of promoting human rights is continual.  It is essential that the OSCE is there to remind us that we must never become complacent. Among the most important decisions the OSCE took at Sofia was the reassertion of the important political role of the organization’s Secretary General.  The Helsinki Commission hopes that this year, when a new Secretary General will be selected, participating States will choose a strong individual, a person of proven and inspirational leadership and managerial excellence.  OSCE ministers also chose to appoint a panel of eminent persons to advise on any directional adaptation that may help strengthen the organization.  Once again, members of the Helsinki Commission trust that people with innovative ideas and recent expertise will be chosen.  One fitting recommendation that could be made by the panel would be to call a review conference to evaluate the vitality of organizational structures and the commitment of its participating States.  There is a long tradition of this kind of self-assessment at the OSCE and such a move would be especially appropriate in the anniversary year.  It would also address the call made by several states to take a comprehensive look at the future work of the OSCE. All European institutions play important roles for ensuring the security of the region.  Yet, OSCE remains the most agile instrument for promoting our dearest and most enduring values.  It is not about quick fixes or flashy actions, but works slowly over the long term to create true stability and cooperation.  Other institutions may also help motivate nations to take a path compatible with democracy.  But only the OSCE has the inclusivity, the agreed values and the presence on the ground to get them over the finish line. Sofia a failure for lack of a joint communiqué?  No, not at all.  If you are looking for a “statement” of the OSCE’s vitality, read it in the faces on Independence Square in Kiev; in the recent history of Slovenia, its incoming Chairman; and in the fear with which it is regarded by those who would wield disproportionate power over their citizens.

  • Religious Freedom in Southeastern Europe

    By H. Knox Thames, CSCE Counsel While the free practice of religion is generally enjoyed in Southeastern Europe, problematic policies exist that run counter to commitments made when countries from the region joined the Organization for Security and Cooperation in Europe (OSCE). Issues range from discriminatory legal schemes denying small religious communities registration to harsh government actions against unpopular religious groups and their leaders. As will be discussed, having a legal mechanism for religious groups to achieve juridical personhood is important in ensuring religious freedom for all. Furthermore, this does not necessitate the creation of special religion laws, as legal status can be established through tax or corporation laws. Albanian and Bosnian Examples Despite shortcomings in other areas, Albania’s system for conferring registration and legal status to religious communities could serve as a model to others in the region. All religious groups with at least five members and meeting minimal criteria may obtain legal and non-profit status under the Law on Associations, the same status given to any applicant group, whether religious or secular. Albania’s neutral approach avoids the problematic entanglements of special religion laws common elsewhere in the region. Bosnia and Herzegovina missed an opportunity to lead by example, as many parts of its recently passed Law on Freedom of Religion and the Legal Position of Churches and Religious Communities are well constructed, explicitly protecting manifestations of religious belief while limiting the ability of the government to interfere in the internal affairs of a religious group. Unfortunately, the law also contains troubling provisions which include penalties against free speech while setting numerical thresholds for obtaining legal status. For unregistered groups to qualify for official status, they must meet a membership threshold of at least 300 citizens. The law could be brought into harmony with OSCE commitments, should the Bosnian parliament amend the law, either expunging or significantly reducing this numerical requirement. While there has been marked improvement in recent years, the lack of physical security for minority religious communities and their places of worship as well as ineffective law enforcement and judicial action remain real problems. Police and prosecutors in Bosnia and Herzegovina have proven slow or unwilling to protect minority groups in some areas. The answer is not a specially crafted religion law with novel criminal penalties, but better enforcement of current laws by police and determined prosecutions by authorities. OSCE Leadership: Bulgaria and Slovenia Despite Bulgaria’s status as OSCE Chairman-in-Office in 2004, religious freedom conditions took a turn for the worse when, in July, the authorities seized properties used by the alternative Bulgarian Orthodox synod for more than 10 years. The 2002 Law on Religions blatantly favors the Bulgarian Orthodox Church over the alternative Orthodox synod and other religious groups, thereby providing legal cover for the church seizures. While there is no numerical threshold for registration, the legal system established by the law appears open to manipulation and arbitrary decisions. Additionally, the sanctions available under the Law on Religions are also ambiguous yet far-reaching, potentially restricting a variety of religious freedom rights. It is not too late for Bulgarian authorities to erase this dark spot by immediately reinstating to the alternative synod full control of the seized properties until the courts settle the dispute. The overall situation for religious freedom is good in Slovenia, which became Chairman-in-Office of the OSCE on January 1, 2005. The registration system for religious communities is simple, and there are no numerical thresholds or formal requirements to overcome. While the small Muslim community in Ljubljana has experienced problems in obtaining permission to build a mosque, it appears the matter is being resolved. One city counselor successfully initiated a referendum in May opposing the zoning regulation change to allow the building of the mosque. However, the Constitutional Court found the referendum to be unconstitutional, thereby removing this hurdle to construction. It is hoped there will be no further bureaucratic delays, so construction can begin as Slovenia takes up the OSCE chairmanship. Law and Practice in Croatia and Macedonia While the freedom to practice religion is generally respected in Croatia, the Law on the Legal Status of Religious Communities passed in July 2002 falls short of OSCE commitments, establishing a discriminatory, tiered system of registration. For a new religious group to enjoy the rights and benefits available with the higher Religious Communities status, it must demonstrate a membership of at least 500 individuals and be registered under the lesser Religious Association status for five years. Benefits explicitly given to Religious Communities include: freedom to operate independently; capacity to determine their internal organization; freedom to conduct religious meetings in their own or leased space; tax exemptions; the right to establish schools; and ability to receive state funding. Considering Croatia’s candidacy for the European Union, current EU members France, the Netherlands, Italy, Germany, and Slovenia do not use membership thresholds in conferring registration. In addition to the excessive numerical threshold and the five-year prohibition on registering new groups as Religious Communities, the law declares that the name and insignia of a religious group may not contain the official names and insignia of other countries. Doing so will cause the denial of registration. In addition, it is unclear under the law whether Religious Communities or Associations may legally conduct meetings in private homes or apartments. To lessen the likelihood of problems in the future and to set a positive example for others, Croatia should correct these deficiencies, as well as eliminate or significantly reduce the 500-member threshold. The legal framework governing religious freedom in Macedonia is ambiguous, due to Constitutional Court decisions striking down provisions of the 1997 Law on Religious Communities and Religious Groups, such as the numerical threshold for registration. Since religious groups are required to register, the lack of a clear mechanism can be problematic. Adding to the confusion, the U.S. State Department reports that the remaining provisions of the religion law are not consistently applied, leading to arbitrary delays in granting registration. The government could easily close this gap by creating simple avenues to obtain equal status either through the civil or administrative code. In addition to these legal problems, concern exists about the situation surrounding Bishop Jovan (Zoran Vraniskovski). Macedonian officials, in response to the ecclesiastical dispute concerning the status of the Macedonian Orthodox Church, have over-reacted to Jovan’s activities on behalf of the Serbian Orthodox Church. Authorities in January 2004 arrested Jovan for conducting a church service in a private apartment. Responding to complaints of neighbors about disturbing the peace is appropriate, but sentencing him to 18 months in jail for “causing national, racial or religious hate, discord and intolerance” is excessive and unjustified. Escalating things further, police officials in October reportedly bulldozed the foundations of a new chapel Jovan’s followers had begun to build, allegedly because local authorities had not received permission to start construction. (There is also concern about reports the government intends to demolish another Serbian Orthodox Church established in the village of Luzani.) Those sympathetic to the larger issues surrounding the Macedonian Orthodox Church and its status should be among the first to defend the rights of others to participate in the church of their choosing. The government, at least, must exhibit more restraint and end these harassments, and also pay reparations for the destroyed buildings. Problematic Draft Laws Elsewhere The legal framework for Serbia remains uncertain, since the 1976 communist-era law was abandoned in 1993. A draft religion law circulated earlier this year contained numerous shortcomings, blatantly tilting the playing field in favor of seven “traditional” communities and establishing the numerical threshold of 1000 members for new groups to register. Despite improvements, the new draft micromanages the affairs of religious groups, while making contingent most of the rights and benefits available to religious communities on the meeting of the burdensome 1000-member threshold. For smaller groups, this will result in the serious limitation of their activities; the draft prohibits unregistered groups from renting or owning land for worship, using private apartments for meetings, holding public events, receiving donations or opening schools or orphanages. Registration can be revoked for vague and arbitrary reasons – if a group “destroys family” or “disrupts spiritual integrity . . . for the purpose of . . . spreading its doctrine.” The draft reaches into the internal affairs of religious groups, as all are “obliged” to “inspire understanding” of others and not “spread lies, prejudices or intolerance” against other faiths. In addition, local officials would be empowered to monitor how religious groups use voluntary contributions. Serbian authorities are urged to seek technical assistance and input from individuals on the OSCE Panel of Experts on Religious Freedom or Belief, just as their predecessors at the federal, Yugoslav level did roughly two years ago, in order to develop a new draft that comports with international norms and practice. Regarding other issues, a dispute over a Romani church in Leskovac will be resolved when municipal authorities fulfill a pledge to provide some of the land nearby for an alternative site. The State Department reports the Belgrade Islamic community continues to have problems obtaining land and government approval to open an Islamic cemetery. In addition, in response to the burning of two mosques in March, reports indicate that 12 people of the 100 plus arrested have been charged with criminal offenses, and news of convictions should be forthcoming. There is also concern about religious freedom in Kosovo, as reportedly only three individuals have been found guilty for their involvement in the March violence that resulted in the destruction or damage of 30 Serbian Orthodox Churches and monasteries. The two-year prison sentences issued were suspended, making the penalties nothing more than a slap on the wrist. In addition, recent legislative initiatives are troubling, as the latest draft of the Law on Religious Freedom and Legal Status of Religious Communities falls short of international standards. The drafting process has been closed to minority religious communities, as well. The comments of minority communities should be actively sought and fully considered during the public debate. Among its many problematic portions, the draft creates the preferential status of a Religious Community, while providing virtually no rights for the lesser Union of Natural Persons. Small or new groups are prevented from obtaining Religious Community status, as they must have 500 members and have been operating in Kosovo for at least five years, but it is unclear how that time is tolled. Only Religious Communities can publish materials, either in print or electronically, or obtain funds from voluntary contributions. The draft unduly limits speech and activities of all groups, stating they shall not “disrupt other religious communities, or citizens without religious convictions, in public manifestation of religion or other conviction.” The government may also select certain religious groups to participate in the Committee for Relations with Religious Communities, thereby giving favored faiths an inappropriate degree of oversight or veto over other religious groups. Lastly, for existing Religious Communities, the law would make rights contingent on reregistering successfully within six months of passage. There is growing concern by reports coming out of Romania regarding a new draft religion law being reviewed by a parliamentary subcommittee. Reliable sources indicate this legislation is based on the highly flawed 1999 draft, which set the numerical threshold for registration at 0.5% of Romania’s population, or over 100,000 people. If reports are true, it is deeply concerning that the parliament would resurrect this seriously problematic bill rather than starting afresh and incorporating the views of interested Romanian religious communities. The OSCE Panel of Experts would be willing to provide technical assistance if invited by the government, and such a gesture would help ensure the legislation upholds all OSCE commitments on religious freedom.

  • Advancing U.S. Interests through the OSCE

    The OSCE has been a pioneer in defining an integrated approach to security, one in which human rights and economic well-being are as key to a nation’s stability as are traditional military forces.  It remains not only the largest trans-Atlantic organization, but the one with the broadest definition of security.  The OSCE has also created the most innovative habits of dialogue and collective action of any multilateral organization in the world.  The focus of the hearing will be how the OSCE can be used most effectively to highlight and advance the interests of the United States.  Among the subjects to be covered will be objectives for the December (2004) meeting of Foreign Ministers in Sofia; recent high-impact security initiatives; expectations for the upcoming Human Dimension Implementation Meeting in Warsaw; and refining and strengthening the OSCE.

  • Roma Still Waiting for Their "Brown v. Board of Education"

    Mr. President, 2 years ago, the United States Helsinki Commission, which I co-chair, held its third hearing on the human rights problems faced by Roma. At that time, we gave particular attention to the barriers Roma face in the field of education. As the OSCE High Commissioner on National Minorities said in his very helpful report on Roma in OSCE region, “exclusion of Roma extends to every sphere of social life, perhaps nowhere with more far-reaching and harmful effect than in respect of schooling.” In other words, ensuring equal access for Roma in the fields of education is an essential element for their integration in other areas of life. The World Bank and United Nations Development Program have also emphasized, in their reports, that integration in education is an essential ingredient for improving the overall conditions in which Roma live. Last month, as our own country was commemorating the Supreme Court's historic decision in Brown v. Board of Education, the European Roma Rights Center issued a report entitled “Stigmata: Segregated Schooling of Roma in Central and Eastern Europe.” This report evaluates practices and policies in Bulgaria, the Czech Republic, Hungary, Romania, and Slovakia and describes the most common ways of segregating Romani children from non-Roma: channeling Roma into so-called “special schools” for children with developmental disabilities; the de facto segregation that goes hand-in-hand with Romani ghettos; having mixed population schools where Romani children are segregated into all-Romani classes; and the refusal of some local authorities to enroll Romani children in mainstream schools. The European Roma Rights Center report concludes that, unfortunately, “with the exception of Hungary, concrete government action aimed at desegregating the school system has not been initiated to date.” It is surely not a coincidence that Hungary is also the only country in Europe where the mainstream political parties have started to compete for the Romani vote--both developments which reflect meaningful steps towards the real integration of Roma in that country. As the European Roma Rights Center notes, segregated schooling is the result of many factors which conspire together--not the least of which is the pernicious stereotype that Romani culture is somehow incompatible with education. This fiction continues to be widely held and disseminated by the media, by government officials and public leaders, and sometimes even by the representatives of respected international organizations. Frankly, this myth needs to be debunked. In reality, before World War II, there was no country in Europe that allowed Roma to attend school and maintain their language and cultural identity at the same time. Formal schooling, by definition, meant forced assimilation. It is amazing testimony to the strength of Romani culture that--after centuries as a dispersed people in Europe, after slavery in Romania and Moldova, after forced assimilation campaigns, and after the Holocaust--Romani identity has survived. For most Roma in Europe, concentrated in countries that fell behind the Iron Curtain, it is only the context of a post-communist world, a Europe which has now recognized the rights of ethnic and linguistic minorities, that the theoretical opportunity to be educated without having to hide or surrender one's Romani identity is within grasp. Kids like Elvis Hajdar, the Romani-Macedonian computer whiz-kid the Christian Science Monitor profiled in April, embrace this opportunity. For many other Roma, however, educational opportunities remain only distant and only theoretical. And, contrary to popular mythology, it is not Romani culture that holds them back, but crushing poverty and entrenched racism. Education is the key to breaking the cycle of poverty and it is no surprise that Romani organizations across Europe have made access to education one of their principle demands. Moreover, the “Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area,” adopted at the Maastricht Ministerial last December, the OSCE participating states outlined a variety of concrete measures states might undertake to achieve this goal. But desegregation will not just happen on its own. It will take leadership and political will and--as we know from our own experiences after the Brown decision--it may still take many years. The time to get started is now.

  • Bulgarian Foreign Minister Passy Testifies before Commission

    By Orest Deychakiwsky CSCE Staff Advisor The United States Helsinki Commission convened its first hearing of 2004, featuring the testimony of Bulgarian Foreign Minister Solomon Passy early in his tenure in his capacity as Chairman-in-Office of the Organization for Security and Cooperation in Europe. Accompanying Minister Passy were Ambassador Ivan Naydenov, Director of the OSCE section of the Bulgarian Foreign Ministry and personal representative of the Chairman-in-Office; Elena Poptodorova, Ambassador of the Republic of Bulgaria to the United States; and Richard Murphy, Spokesman for the OSCE.  Minister Passy, appearing before the Commission on February 26, laid out his goals of implementing OSCE commitments in the war on terrorism, focusing on the human dimension and managing regional conflicts. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) opened the hearing by extending his heartfelt condolences on behalf of Members of the Commission to Minister Passy regarding the tragic death of his colleague and personal friend, President Boris Traikovsky of Macedonia. Passy began his testimony with the question of the relevance and the current role of the OSCE considering the end of the Cold War and the existence of organizations such as NATO, the European Union, and the NATO-Russia Council. The Bulgarian Foreign Minister noted the uniqueness of the OSCE as the only organization providing a comprehensive security model founded on the values of respect for human rights and promotion of democratic institutions. Though less than three decades old, the OSCE has proven its ability to tackle the challenges of conflicts in Eastern Europe, the Balkans, and Central Asia.  Notable are the OSCE's efforts to end the civil war in Tajikistan and the secessionist armed conflict in Transdniestria, and rebuilding the war-torn societies in the Balkans. With 18 field missions, the OSCE remains, according to Passy, “the most comprehensive security forum.” Minister Passy stressed that the war on terrorism is one of his top priorities. He focused on issues such as airport security, policing, and secure travel documents as potentially helpful tools in thwarting the spread of terrorism.  In order to achieve this goal, the OSCE organized an inter-governmental conference where practitioners and security experts shared their ideas on improving the safety and security of aircraft.  The OSCE also launched an Internet-based network, designed to facilitate cooperation between security experts and help match resources with needs.  The Chairman-in-Office cited policing as “the perfect OSCE issue, bringing together security and human rights.” He commended American police officers for providing outstanding service in OSCE police reform efforts and their contribution to the establishment of an “accountable police force that is trusted by the population and does not have to resort to brutality or torture to solve crimes.” Minister Passy reaffirmed his commitment to continue the battle against anti-Semitism, racism, and xenophobia, informing the Commission of three important events that will help address these problems which continue to plague many participating States.  In April, a conference on anti-Semitism will take place in Berlin, followed by a September conference on tolerance and xenophobia in Brussels.  A June meeting in Paris will address the relationship between xenophobic and anti-Semitic propaganda on the Internet and hate crimes.  Chairman Smith, strongly supported by Ranking House Commissioner Rep. Benjamin L. Cardin (D-MD), urged Passy to follow up on the Berlin conference with robust action. "'Never again' has to mean 'never again' in all of its vicious manifestations," Chairman Smith proclaimed. On the issue of trafficking in human beings, the Bulgarian Chairman-in-Office focused on the problem of countries of destination. “A firm and persistent police clampdown on the work of traffickers in the Western cities would send a clear message to these criminal gangs that their evil work will not be tolerated,” said Passy.  Chairman Smith echoed this sentiment by citing the estimated 18,000-20,000 victims trafficked annually into the United States.  Passy also emphasized that the OSCE must undertake a special commitment of prosecuting traffickers -- and anyone else associated with this evil trade -- while treating victims with dignity and compassion. Chairman Smith asked the Bulgarian Foreign Minister to devote special attention to the March parliamentary elections in Georgia, underscoring the importance that these elections be carried out in a free and open manner.  Passy commended the OSCE mission in Georgia for doing a remarkable job in monitoring the border with Chechnya and assisting in the destruction of the Soviet stockpiles of ammunition. Smith similarly urged that the OSCE conduct close observation of the upcoming elections in Belarus and Ukraine. He insisted that an open and free media must be allowed to cover the election process and provide access to the voices of the opposition candidates; otherwise, the results of the elections will be predetermined.  In response, Minister Passy stressed that the involvement of the OSCE in the election process is indispensable and mentioned his upcoming trip to Ukraine, where he planned to meet with both government officials and the opposition. With regard to Belarus, Chairman Passy stated he “shared the view that the necessary conditions for free elections [need to] be created” and noted that the Office for Democratic Institutions and Human Rights (ODIHR) plans to monitor  parliamentary elections expected this Fall. The Chairman-in-Office also noted the OSCE’s determination to end the ongoing conflict between Moldova and the secessionist region of Transdniestria. Mediators held two meetings in Sofia and Belgrade during which the conflicting parties resumed negotiations. Commissioner Cardin posed a question on the possible re-engagement of OSCE activities in Chechnya. Minister Passy stated that during his recent meeting with then-Foreign Minister Ivanov, Russia was the first to address this issue and even suggested a list of concrete projects, the scope and details of which are still being discussed.  Passy promised to keep the Commission informed of any related developments. The Bulgarian CIO said he also plans to promote the issue of education throughout the remainder of his year in office.  Although it is an issue that has not received much attention in the OSCE, Passy said that “education and training are vital for empowering individuals and groups with the capacity to resolve conflict in a peaceful manner.” The first Supplementary Human Dimension Meeting was devoted to this subject. The hearing concluded with Minister Passy’s personal vision for the future of the OSCE.  He called for a stronger focus on OSCE activities in the Caucasus and Central Asia.  Additionally, he suggested that the OSCE should reach out to countries beyond its scope, such as Afghanistan and Iraq, which could benefit from the comprehensive security model offered by the OSCE. An unofficial transcript of the hearing is available through the Helsinki Commission’s Internet site at http://www.csce.gov. The United States Helsinki Commission, an independent agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission created in 1976, is composed of nine Senators, nine Representatives, and one official from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Irina Smirnov contributed to this article.

  • Welcoming the Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization

    Madam Speaker, I join my colleagues in strong support of House Resolution 558, welcoming the accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization.   During my tenure in Congress, I have had considerable interaction with the leaders of these countries, as well as the opportunity to witness the transitions which have occurred. For several of our new NATO allies I first encountered as one-party communist states, as Warsaw Pact adversaries and as "captive nations." As Chairman of the Helsinki Commission, I have closely monitored their human rights performance and encouraged their democratic development. The transition for some has been particularly difficult, particularly with the effects of regional conflicts, political or economic crises. Throughout, their peoples have been our friends. Now, they become our allies.   While we must congratulate these countries, first and foremost, on the progress which brought them to this historic point, we can also take some credit for the investments we decided to make, through the human resources and bilateral assistance which planted the democratic ideals that now have triumphed. In my view, the returns on those investments have been notable.   In addition to these seven new NATO members, the resolution before the House also encourages the three members of the Adriatic Charter to continue their efforts toward eventual NATO membership. I particularly want to comment on Croatia. That country has had a particular challenge since 1990. As Yugoslavia fell apart and Croatia asserted its independence, the country faced not only the challenges of democratic transition but of surviving the Yugoslav conflict. From 1991 to 1995, significant portions of the country were destroyed or occupied. The conflict in neighboring Bosnia led to massive inflows of refugees. Croatia itself was vulnerable to those leaders with highly nationalist and less than democratic instincts.   While all of this slowed their transition, Croatia has rapidly moved--especially since 2000--to meet their democratic potential. In the last elections, a smooth transition in government took place, and we have a bilateral relationship which continues to strengthen over time. In addition, Croatia has become a key contributor to stability in a part of Europe where stability is highly fragile.   It is my hope, Madam Speaker, that we recognize this progress as Croatia seeks membership in NATO. Once Croatia meets the criteria for membership, the invitation to join should be extended. I would hope that the upcoming Istanbul summit will make this clear and mandate an assessment of Croatia's progress in this regard. It would be wrong and counter to U.S. interests to leave Croatia or any other country otherwise qualifying for NATO membership waiting unnecessarily.   I believe that taking this action would also encourage its Adriatic Charter partners, Albania and Macedonia, in meeting the criteria for membership more quickly. Rather than abandon its partners, Croatia will help them make progress as well. Albania and Macedonia are also good friends of the United States and would benefit from this encouragement. Ultimately, Bosnia and Herzegovina and Serbia and Montenegro would benefit as well, all in the interest of European security and, therefore, U.S. security interests.

  • Helsinki Commission Hearing Reviews Bulgaria’s Leadership of the OSCE

    His Excellency Solomon Passy, Foreign Minister of Bulgaria and Chair-in-Office of the OSCE testified in front of the Commission on Security and Cooperation in Europe, chaired by the Honorable Christopher Smith (NJ-04).  Passy’s testimony regarded the OSCE’s program for 2004 under Bulgaria’s leadership. Passy stated that implementations of OSCE commitments would top the agenda for Bulgaria’s Chairmanship of the OSCE. The hearing covered the conflict in Chechnya; OSCE efforts to resolve the Transdniestrian conflict and “frozen conflicts” in the Caucasus; OSCE efforts to combat anti-Semitism and human trafficking; the situation in Central Asia; and promoting respect for human rights and democratic values throughout the OSCE region.  Passy also spoke about Bulgaria’s experience with its own transition to democracy and its ongoing human rights efforts.

  • The Bulgarian Leadership of the OSCE

    This hearing, which Representative Christopher H. Smith presided over, focused on the Bulgarian Chairmanship of the OSCE, which had begun in for January 2004 and would continue for a year. The hearing specifically reviewed the OSCE’s program for 2004 under Bulgaria’s leadership. Solomon Passy, witness at the hearing, said that implementation of OSCE commitments would top the agenda for Bulgaria’s OSCE Chairmanship. Specific issues that attendees discussed included the Chechnyan conflict, OSCE efforts to revoke the Transdniestrian conflict, work to resolve the “frozen conflicts” in the Caucasus, efforts to combat anti-Semitism and human trafficking, the situation in Central Asia, and promoting respect for human rights and democratic values throughout the OSCE region.

  • Briefing: Property Restitution and Compensation in Post-Communist Europe: a Status Update

    A central element of Nazi and communist persecution in Central and Eastern Europe was the uncompensated confiscation of real and personal property from individuals and religious communities. The end of communist tyranny after 1990 sparked hope that governments in the region would redress the wrongful seizures of private and communal property, such as churches, synagogues, schools and hospitals. The Helsinki Commission held three prior hearings on the issue of restitution and compensation for property seized during World War II and the communist-era in Central and Eastern Europe. This briefing surveyed developments since the Commission's July 2002 hearing relating to the return of wrongfully confiscated properties in the region. Particular attention was given to the progress, or lack thereof, in the Czech Republic, Poland, and Romania in removing the bureaucratic and legal obstacles faced by individuals--including U.S. citizen claimants--and religious communities seeking restitution of communal property, family homes, and/or land.

  • Property Restitution and Compensation in Post-Communist Europe: A Status Update

    This briefing was the fourth hearing held by the Helsinki Commission held on restitution and compensation for property seized during the Second World War and in Communist-era Central and Eastern Europe.  The goal of the briefing was to discuss developments since the CSCE’s July 2002 hearing relating to the return of wrongfully confiscated properties in the region.

  • Property Restitution and Compensation in Post-Communist Europe: A Status Update

    The importance of this briefing, which then ranking member of the Commission Senator Benjamin L. Cardin presided over, was underscored by the fact that a central element of Nazi and communist persecution in Central and Eastern Europe was the uncompensated confiscation of real and personal property from individual and religious communities. Communism’s demise in 1990 sparked hope that regional governments would redress wrongful seizures of private and communal property. This briefing was the fourth hearing that the Helsinki Commission held whose focus was on the issue of restitution and compensation for property seized during the Second World War and in Communist era Central and Eastern Europe. A goal of the briefing, then, was to survey developments since the CSCE’s July 2002 hearing relating to the return of wrongfully confiscated properties in the region.

  • Mayor Giuliani, Chairman Smith Lead U.S. Delegation to OSCE Conference on Anti-Semitism

    By H. Knox Thames CSCE Counsel The Organization for Security and Cooperation in Europe (OSCE) held an historic international conference in Vienna, Austria on June 19-20 to discuss anti-Semitism within the 55 participating States. While the OSCE states have addressed anti-Semitism in the past, the Vienna Conference represented the first OSCE event specifically devoted to anti-Semitism. Former New York City Mayor Rudolph W. Giuliani and United States Helsinki Commission Chairman Rep. Christopher H. Smith (N-04J) led the United States delegation. Commissioner Rep. Alcee L. Hastings (D-FL), who currently serves as a Vice President of the OSCE Parliamentary Assembly, was also part of the U.S. delegation. Public members of the delegation were: Rabbi Andrew Baker, American Jewish Committee; Abraham Foxman, Anti-Defamation League; Cheryl Halpern, National Republican Jewish Coalition; Malcolm Hoenlein, Conference of Presidents of Major American Jewish Organizations; Mark Levin, NCSJ; and, Daniel Mariaschin, B’nai B’rith. U.S. Ambassador to the OSCE, Stephan M. Minikes, and the U.S. Special Envoy for Holocaust Issues, Ambassador Randolph Bell, also participated. The personal representative of the Dutch OSCE Chair-in-Office, Ambassador Daan Everts, opened the meeting expressing dismay that in the year 2003 it was necessary to hold such a conference, but "we would be amiss not to recognize that indeed the necessity still exists." Bulgarian Foreign Minister Solomon Passy declared "anti-Semitism is not a part of [Europe’s] future. This is why this Conference is so important, and I believe it will have a strong follow-up." Former Polish Foreign Minister Wladyslaw Bartoszewski, a Holocaust survivor, cited free societies as an essential element in combating anti-Semitism. The European Union statement, given by Greece, noted that anti-Semitism and racism are "interrelated phenomena," but also stated "anti-Semitism is a painful part of our history and for that requires certain specific approaches." Mayor Giuliani began his remarks to the opening plenary with a letter from President Bush to conference participants. Citing his visit to the Nazi death camp at Auschwitz, the President recalled the "inhumanity and brutality that befell Europe only six decades ago" and stressed that "every nation has a responsibility to confront and denounce anti-Semitism and the violence it causes. Governments have an obligation to ensure that anti-Semitism is excluded from school textbooks, official statements, official television programming, and official publications." Many OSCE participating States assembled special delegations for the conference. The German delegation included Gert Weisskirchen, member of the German parliament and a Vice President of the OSCE Parliamentary Assembly, and Claudia Roth, Federal Government Commissioner for Human Rights, Policy and Humanitarian Aid. The Germans called for energetic actions by all the participating States to deal with anti-Semitism and stressed the need for appropriate laws, vigorous law enforcement and enhanced educational efforts to promote tolerance. Mr. Weisskirchen stressed that anti-Semitism was a very special form of bigotry that had haunted European history for generations and therefore demanded specific responses. In this spirit, Germany offered to host a follow-up OSCE conference in June 2004 focusing exclusively on combating anti-Semitism that would assess the progress of initiatives emerging from the Vienna Conference. The French delegation was led by Michel Voisin of the National Assembly, and included the President of the Consistoire Central Israelite de France, Jean Kahn, and representatives from the Ministry of Justice and the Office of Youth Affairs, National Education and Research. The French acknowledged with great regret the marked increase in anti-Semitic incidents that have occurred in France during the past two years. In response, France had passed new laws substantially increasing penalties for violent "hate crimes," stepped up law enforcement and was in the process of revising school curricula. The work of the conference was organized under several focused sessions: "Legislative, Institutional Mechanisms and Governmental Action, including Law Enforcement"; "Role of Governments in Civil Society in Promoting Tolerance"; "Education"; and, "Information and Awareness-Raising: the Role of the Media in Conveying and Countering Prejudice." Mayor Giuliani noted the fact that the conference was being held in the same building where Hitler announced the annexation of Austria in 1938. "It’s hard to believe that we’re discussing this topic so many years later and after so many lessons of history have not been learned; and I am very hopeful that rather than just discussing anti-Semitism, we are actually going to do something about it, and take action." Giuliani, drawing on his law enforcement background and municipal leadership, enumerated eight steps to fight anti-Semitism: 1) compile hate crime statistics in a uniform fashion; 2) encourage all participating States to pass hate crime legislation; 3) establish regular meetings to analyze the data and an annual meeting to examine the implementation of measures to combat anti-Semitism; 4) set up educational programs in all the participating States about anti-Semitism; 5) discipline political debate so that disagreements over Israel and Palestine do not slip into a demonizing attack on the Jewish people; 6) refute hate-filled lies at an early stage; 7) remember the Holocaust accurately and resist any revisionist attempt to downplay its significance; and 8) set up groups to respond to anti-Semitic acts that include members of Islamic communities and other communities. Commissioner Hastings identified a "three-fold role" governments can play in "combating anti-Semitic bigotry, as well as in nurturing tolerance." First, elected leaders must "forthrightly denounce acts of anti-Semitism, so as to avoid the perception of silent support." He identified law enforcement as the second crucial factor in fighting intolerance. Finally, Hastings noted that while "public denunciations and spirited law enforcement" are essential components to any strategy to combat anti-Semitism, they "must work in tandem with education." He concluded, "if we are to see the growth of tolerance in our societies, all governments should promote the creation of educational efforts to counter anti-Semitic stereotypes and attitudes among younger people and to increase Holocaust awareness programs." Commission Chairman Christopher H. Smith, who served as Vice Chair of the U.S. delegation to the Vienna Conference, highlighted how a "comprehensive statistical database for tracking and comparing the frequency of incidents in the OSCE region does not exist, [and] the fragmentary information we do have is indicative of the serious challenge we have." In addition to denouncing anti-Semitic acts, "we must educate a new generation about the perils of anti-Semitism and racism so that the terrible experiences of the 20th century are not repeated," said Smith. "This is clearly a major task that requires a substantial and sustained commitment. The resources of institutions with special expertise such as the U.S. Holocaust Memorial Museum must be fully utilized." In his closing statement Giuliani stressed that anti-Semitism "has its own history, it has a pernicious and distinct history from many prejudicial forms of bias that we deal with, and therefore singular focus on that problem and reversing it can be a way in which both Europe and America can really enter the modern world." He enthusiastically welcomed the offer by the German delegation to hold a follow-up conference on anti-Semitism, in Berlin in June 2004. Upon their return to Washington, Giuliani and Smith briefed Secretary Powell on the efforts of the U.S. delegation in Vienna and the importance of building upon the work of the Conference at the parliamentary and governmental levels. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • From the Bad to the Worst... Helsinki Commission Hearing Sets Sites on Arms Sales to Rogue Regimes

    By Bob Hand CSCE Staff Advisor   The United States Helsinki Commission held a hearing June 5, 2003, to examine the transfer of arms to rogue regimes by certain participating States of the Organization for Security and Cooperation in Europe (OSCE), in violation of non-proliferation obligations set forth in OSCE commitments. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing entitled “Arming Rogue Regimes: The Role of OSCE participating States.” Under Secretary of State for Arms Control and International Security John Bolton testified on behalf of the Administration. Also testifying were Roman Kupchinsky, editor of Crime and Corruption Watch for Radio Free Europe/Radio Liberty and Terence Taylor, President and Executive Director of the International Institute for Strategic Studies in the United States. Co-Chairman Smith, in opening the hearing, stressed the importance of examining the capacity and readiness of certain OSCE participating States to be sources of supply. He emphasized the Commission’s desire to focus on the role of suppliers in the effort to curb the spread of dangerous weaponry and militarily significant equipment and technology to rogue regimes around the world. Mr. Smith noted that, particularly among former Warsaw Pact States, several countries remained vulnerable to the lure of responding to the demand from rogue regimes for weapons of mass destruction (WMD), delivery systems and small arms or light weapons. He cited press articles and official investigations reporting that Belarus, Bosnia-Herzegovina, Bulgaria, Moldova, Russia, Serbia-Montenegro and Ukraine have supplied dangerous regimes and combatants with military equipment or militarily-significant technology and resources. In some cases, these revelations were followed by government efforts to stop the flow and address those responsible. However, in other cases, government officials have attempted to cover-up and deny involvement. Helsinki Commission Co-Chairman Senator Ben Nighthorse Campbell (R-CO) said, “While some may claim a lack of technical know-how impedes their ability to track arms transfers, we must not lose sight of the important element of political will.” He added that the United States “cannot afford to turn to a blind eye with respect to the complicity of senior civilian and military leaders in transfers that violate international commitments or are otherwise detrimental to the security interests of the United States.” Campbell added, “At a time when the OSCE is assessing ‘new threats’ to security, it would be foolhardy to overlook the multidimensional threats posed by corruption and international crime.” Commissioner Rep. Zach Wamp (R-TN) stressed his belief in the importance of such a hearing as a forum to learn the hard facts in order to benefit the world community. Commissioner Rep. Benjamin L. Cardin (D-MD) stated that the OSCE has a particular responsibility to make sure that weapons of mass destruction are not made available to rogue regimes and terrorist organizations. Commissioner Rep. Joseph R. Pitts (R-PA) expressed concern as to whether the governments of France and Russia fully understand the implications of doing business deals with rogue regimes. The three witnesses confirmed that a number of OSCE participating States possess the technology and ability to supply rogue regimes, terrorist groups, and combatants in regional conflicts with militarily significant equipment and know-how. The end of the Cold War left several Warsaw Pact States with huge stockpiles of military hardware, while economic downturns have made their military industries and research institutes desperate for funds. Under Secretary Bolton asserted that the United States has encouraged these countries to maintain tight control over such facilities and has invested in programs to destroy surplus equipment and convert the factories into industrial production. Still, several countries remain vulnerable to the lure of responding to the demand by rogue regimes for sophisticated weapons systems as well as small arms or light weapons. Organized crime and widespread corruption compound the problem, as well as a widespread attitude that what the purchasers do with arms they buy is neither the concern nor the responsibility of the supplier. Among specific OSCE countries cited was Belarus, where the Lukashenka regime threatens the security of others by facilitating the proliferation of arms and militarily significant equipment to rogue regimes and conflict areas around the world. “Belarus is one of the least responsive OSCE members states, and has done little to show it is serious about non-proliferation,” Bolton said, adding that since Iraq kept intricate details of all arms transactions, the United States expected to uncover significant details regarding Belarus’ role as a supplier. Russia’s role was also discussed, especially in light of concerns about Russian technology and expertise and Iran’s nuclear and missile programs. Under Secretary Bolton underscored his ongoing engagement with Moscow on non-proliferation issues and reported some progress in cooperation with the Russian Government to control exports. At the same time, questions were raised about Russia’s willingness to make greater inroads toward non-proliferation and the possibility of an “oligarch” outside the government who may be in control of deals with Iran concerning that country’s Bushehr nuclear reactor. While President Vladimir Putin and the Russian Government may at times be very much aware of what is happening, Russian oligarchs are nevertheless a major problem. One alleged arms dealer, Victor Bout, continues to reside in Moscow despite being wanted in Belgium and the United Kingdom on an Interpol warrant, according to Mr. Kupchinsky. He alleged that the protection that Bout has in Russia is “very high-level” and that Russian Interpol has not acted on warrants that have been given to them. Ukraine remains a major player in arms sales and transfers. Co-Chairman Campbell said President Leonid Kuchma’s personal authorization of the Kolchuga sale “renders him an unreliable partner and casts a shadow over relations with Ukraine as long as he is in power.” Under Secretary Bolton noted that the Kolchuga incident was duly noted by other governments. “Well, I think certainly the Kolchuga incident got their attention in a major way,” he said. “And I think the Government of Ukraine is still trying to deal with that.” Bulgaria, slated to take over the chairmanship of the OSCE in 2004 also featured prominently in the hearing. It was noted that Bulgaria had a well-developed arms industry from its days as a Warsaw Pact member that led to significant arms transfers in the 1990s. Mr. Kupchinsky stated that, from his observations, the Bulgarians have not been concerned with the ultimate destination of their arms shipments and that this was an attitude persisting in most of the former Warsaw Pact countries and Soviet successor states. Mr. Taylor expressed particular concern about individuals in the private sector who are likely to be unaware of the need to protect themselves from those seeking to buy their equipment, resources or technology. Taylor also advocated greater transparency in reporting transfers of militarily-significant items and spoke positively of OSCE efforts in this area, especially with regard to small arms and light weapons. Commissioner Cardin sought recommendations on how to make transparency laws and controls more effective internationally. Mr. Taylor said that a good framework for dealing with proliferation issues already exists on paper; however, the real challenge is ensuring that states follow through on their commitments by insisting on full compliance, thorough reporting, and accountability. Strong export controls provide major contributions toward preventing illicit arms transfers. Mr. Bolton said that U.S. export control assistance is largely responsible for over a dozen European and Eurasian countries adopting comprehensive export control laws that meet international standards. This program was created initially to address the proliferation concerns among former Soviet Union states and others. A number of OSCE countries still need additional assistance to develop appropriate legal frameworks and increase enforcement capabilities to combat the transfers of sensitive goods and technologies. Under Secretary Bolton stressed the top priority given by the Bush Administration to discouraging proliferation of WMD. In this regard the steps that OSCE members take toward their commitments on non-proliferation are especially important. However, as encouraging as OSCE declarations are, they are worthless if the participating States do not take them seriously. It is therefore necessary for the United States to continue its strong leadership role in both bilateral and multilateral fora to stem the proliferation of WMD and the means to deliver them, including robust enforcement of U.S. non-proliferation laws. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

Pages