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press release
OSCE 101: Briefing for Civil Society
Monday, August 11, 2008Please join the U.S. Helsinki Commission for OSCE 101: BRIEFING FOR CIVIL SOCIETY Thursday, September 4, 2008 10:00 a.m. - 12:00 p.m. Rayburn House Office Building B318 For those in need of a refresher course and those interested in becoming involved. Learn about the Organization for Security and Cooperation in Europe and the Role of Civil Society For those planning to travel to Warsaw, Poland, remember to register to participate in the OSCE’s Annual Human Rights Meeting: What: Human Dimension Implementation Meeting (HDIM) When: September 29 – October 10, 2008 Where: Warsaw, Poland Why: Annual 2-week human rights conference What is the HDIM? The term "human dimension" describes the set of norms and activities related to human rights, the rule of law, and democracy that are regarded within the OSCE as one of the three pillars of its comprehensive security concept, along with the politico-military and the economic and environmental dimensions. Every year in Warsaw, the OSCE's Office for Democratic Institutions and Human Rights (ODIHR) organizes a two-week conference, the Human Dimension Implementation Meeting (HDIM). The HDIM is a forum where OSCE participating States discuss the implementation of human dimension commitments that were adopted by consensus at prior OSCE Summits or Ministerial Meetings. These commitments are not legally binding norms; instead, they are politically binding - a political promise to comply with the standards elaborated in OSCE documents. Follow-up meetings to review the implementation of the commitments are based on the principle that the commitments undertaken in the field of the human dimension are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the state concerned. A comprehensive, 2-volume compilation of the OSCE human dimension commitments (available in English and in Russian) can be ordered free of charge through the ODIHR website: Volume 1: Thematic Compilation and Volume 2: Chronological Compilation.
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article
Italian Fingerprinting Targeting Romani Communities Triggers Protests; OSCE Pledges Fact-Finding
Tuesday, July 15, 2008By Erika B. Schlager, Counsel for International Law On July 10 and 11, the OSCE participating States held the 2nd of this year’s three Supplementary Human Dimension Meetings (SHDMs). This meeting, formally devoted to consideration of “Sustainable Policies for Roma and Sinti Integration,” also became a forum to protest Italy’s announced plans to fingerprint Roma and Sinti – and no one else. (“Sinti” is the term of self-ascription used by a Romani people primarily in historically German-speaking areas of Europe.) The OSCE’s newly appointed Director of the Office for Democratic Institutions and Human Rights, Janez Lenarcic, announced at the meeting’s opening that the OSCE and Council of Europe would undertake a fact-finding trip to Italy to examine the situation of the Roma there. Overview of Meeting The OSCE holds three Supplementary Human Dimension Meetings each year. These are two-day human rights meetings held in Vienna, Austria (where the OSCE is headquartered). As originally conceived, these meetings are intended to bring topical human rights issues closer to the Permanent Council of the 56 participating States, the key decision-making body of the OSCE. The topics for the SHDMs are chosen by the OSCE Chair-in-Office (a post currently held by Finland), in consultation with the participating States. The SHDMs augment the annual two-week human dimension implementation review, typically held in the fall in Warsaw. Participants at this meeting included representatives from the national delegations to the OSCE in Vienna; government representatives from capitals (including from offices or departments specializing in Romani concerns); local authorities with responsibility for implementing policies relating to Romani minorities; representatives of Romani and other non-governmental organizations (NGO); and international organizations (such as the Council of Europe and United Nations Development Program). The meeting was divided into successive sessions: 1) an opening session which included keynote remarks presented by Romanian Government State Secretary Gruia Bumba, head of Romania’s National Agency for Roma; 2) a session on the role and responsibility of regional and local authorities to assist in integrating Roma; 3) a session on good practices and major challenges in improving the situation of Roma at the local level; 4) a session on policies to facilitate equal access of Roma and Sinti to public services and education; and 5) closing remarks. These discussions were enriched by the insights of officials actually implementing policies or programs relating to Roma at the local or regional level, including the Head of the Unit of Attention for the Roma Community from the Catalan Government in Spain; the Director of Empowering Social Work and Basic Security from the City of Jyvaskyla, Finland; the Vice Mayor of the City of Bologna, Italy; and the Mayor of Trikala, Greece, among others. In addition to these formal sessions, a civil society round-table was held on the morning of the first day, enabling Romani civil society representatives to present shared concerns to the OSCE participating States during the opening session. Three additional side events were held on: the effective use of the European Court of Human Rights judgments; building partnerships between Romani communities and local authorities; and fundament rights and freedom of Roma in Italy. The Italian Job As a practical matter, the advanced planning time-line required for these meetings makes it difficult to select topics that are particularly time-sensitive or reflect breaking developments. The timing of this particular SHDM, however, more-or-less coincided with the announcement by the Italian Government that Roma and Sinti – including European Union citizens – would be singled out for fingerprinting by the country’s law enforcement authorities. As a consequence, the meeting was sharply punctuated by discussions of developments in Italy. The fingerprinting plan, reportedly to be administered with the collection of data on ethnicity and religion, is the latest culmination of a growing anti-migrant and anti-Roma sentiment in Italy. Intolerance in Italy escalated with the latest wave of EU expansion, after which an increased number of Romanian nationals went to Italy to work; a weakened Italian economy; and the election earlier this year of political leaders who campaigned on an anti-immigrant platform. Sharp criticism of the situation in Italy was therefore a reoccurring theme, beginning with a protest action at the opening session. At a pre-determined moment, several dozen non-governmental activists rose in unison, many wearing t-shirts bearing the image of an out-sized fingerprint and the words “no ethnic profiling” over it, or holding enlarged photos of Romani camps that had been torched by mobs in Italy. They demanded an end to the selective fingerprinting of Roma. Moreover, one Romani non-governmental representative observed that no perpetrators have been held accountable for torching Romani camps or other acts of violence and warned that, if unchecked, such violence would surely result in deaths. He called on Italy to report to the upcoming Human Dimension Implementation Meeting on actions taken to hold perpetrators accountable. On the second day of the meeting, a similar group gathered in front of the OSCE’s meeting site, and marched through Vienna to the offices of the EU’s Fundamental Rights Agency. Then, at the side event focused on the situation in Italy, a coalition of NGOs (the European Roma Rights Center, the Open Society Institute, the Centre on Housing Rights and Evictions, Romani CRISS and the Roma Civic Alliance of Romania) launched a report on Italy outlining the “extreme degradation of Roma rights in Italy.” NGO representatives who had visited destroyed camps described finding toys and clothes left behind, as victims fled with nothing but the clothes on their backs. Italy was well represented at the meeting by representatives from their permanent delegation to the OSCE as well from the Ministry of Interior. They came to all events, including to the side event on the situation of Roma in Italy, and responded politely to the issues raised. In particular, Italian authorities claimed that manifestations of racism against Roma had been widely condemned in Italy. Notwithstanding their conciliatory demeanor, Italian officials stood by their plans to move ahead with the fingerprinting operation targeting Romani communities. In this context, it was particularly interesting to hear an alternative view from a local government official from Bologna. She clearly sought to distance herself from the national policies under fire, and described the challenges local officials had absorbing or responding to an increased number of Romani migrants, without assistance from or a strategic plan on the part of the national government. The Romanian Government was restrained, but circulated a formal document of protest, “request[ing] the European Union to recommend the Italian Government to give up the fingerprinting measures of Roma persons and to observe and enforce the aquis communitaire regarding the fundamental rights of European Union citizens, including of Romanian citizens of Roma origin.” Although the ECONOMIST recently described Europe’s diverse and dispersed Romani communities as “bound only by music,” one might have added, “and an extensive network of electronic devices.” Even as the OSCE held its human dimension meeting in Vienna, email messages arrived on participants’ cell phones and blackberries reporting that the European Union Parliament had adopted a resolution calling on Italy to stop the fingerprinting.
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hearing
Combating Sexual Exploitation of Children: Strengthening International Law Enforcement Cooperation
Tuesday, June 17, 2008The hearing examined current practices for sharing information among law enforcement authorities internationally and what concrete steps can be taken to strengthen that cooperation to more effectively investigate cases of sexual exploitation of children, including child pornography on the Internet. Despite current efforts, sexual exploitation of children is increasing globally. The use of the Internet has made it easier for pedophiles and sexual predators to have access to child pornography and potential victims. In May, the Senate Judiciary Committee passed the Combating Child Exploitation Act of 2008 (S.1738), which will allocate over one billion dollars over the next eight years to provide Federal, state, and local law enforcement with the resources and structure to find, arrest, and prosecute those who prey on our children.
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briefing
Hate in the Information Age
Thursday, May 15, 2008The briefing provided an overview of hate crimes and hate propaganda in the OSCE region, focusing on the new challenges posed by the internet and other technology. Mischa Thompson led the panelists in a discussion of the nature and frequency of hate crimes in the OSCE region, including the role of the internet and other technologies in the training, recruiting, and funding of hate groups. Panelists - Rabbi Abraham Cooper, Mark A. Potok, Christopher Wolf, Tad Stahnke – discussed how best to combat hate crimes and hate propaganda and highlighted internet governance issues in the United States and Europe and how the internet extensively contributes to hate propaganda. Issues such as free speech and content control were at the center of the discussion.
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hearing
Clearing the Air, Feeding the Fuel Tank: Understanding the Link Between Energy and Environmental Security
Tuesday, May 06, 2008Congress has an obligation to work to ensure a healthy and safe environment for the benefit of current and future generations. To reduce our dependence on fossil fuels and achieve a healthier environment, we need a multi-faceted approach that addresses the tangled web of issues involved. We need to foster both energy independence and clean energy. Given rising sea levels, the increasing severity of storm surges, and higher temperatures the world over, the impact of global climate change is undeniable. Unless we act now, we will see greater and greater threats to our way of life on this planet.
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hearing
Crossing Boarders, Keeping Connected: Women, Migration and Development in the OSCE Region
Thursday, April 24, 2008The hearing will focus on the impact of migration on family and society, the special concerns of migrant women of color, and the economic contributions of women migrants to their home country through remittances. According to the United Nations, women are increasingly migrating on their own as main economic providers and heads of households. While the number of women migrants is on the rise, little is known about the economic and social impact of this migration on their home country.
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hearing
NATO Enlargement and the Bucharest Summit
Tuesday, March 04, 2008This hearing was chaired by Commissioner Alcee L. Hastings and attended by commissioners Ben Cardin and Mike McIntyre. Witnesses included Dr. Michael Haltzel, senior fellow at the Center for Transatlantic Relations at the Paul H. Nitze School of Advanced International Studies of Johns Hopkins University; Janusz Bugajski, director of the New European Democracies Project and senior fellow of the Center for Strategic and International Studies (CSIS) Europe Program; and Steven Pifer, former U.S. Ambassador to Ukraine and Senior Advisor at CSIS’s Russia and Eurasia Program Center. The hearing focused on the possible inclusion of Albania, Croatia, and Macedonia in the upcoming NATO Summit in Bucharest, Romania. It also discussed extending Membership Action Plans to Ukraine and Georgia. More broadly, the hearing focused on the degree to which these states had transformed their policies and institutions in order to join NATO.
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article
Commission Staff Participates in Conference on Roma; Greece Slated to Serve as OSCE Chair in 2009
Tuesday, March 04, 2008By Erika B. Schlager Counsel for International Law U.S. Embassy in Athens Organizes Conference on Romani Issues On February 29, Helsinki Commission staff participated in a conference on Romani issues organized by the U.S. Embassy in Athens, Greece, primarily for human rights officers from U.S. Embassies in Europe. The conference was designed to improve understanding of Romani minority concerns, and to allow human rights officers to share information and ideas related to their congressionally mandated human rights reporting obligations. The conference underscored the strong interest of the United States in the situation of Romani minority communities throughout the OSCE region and provided a useful opportunity for human rights officers to improve their knowledge of this minority group’s history and experiences. Roma now constitute the largest ethnic minority in the European Union. The conference was opened by the United States Ambassador to Greece, Daniel Speckhard. Andrzej Mirga, the senior advisor for Romani issues with the OSCE Office for Democratic Institutions and Human Rights (Warsaw) and Helsinki Commission staff served as speakers during the morning session. Panayote Dimitras of the Greek Helsinki Monitor spoke during a working lunch. In the afternoon, Embassy officials from various posts led “best practices” discussion groups – although it proved more difficult to identify such practices than one might have hoped. Commission Staff Visit Romani Shanty Towns On the margins of the conference, Commission staff held meetings on Romani issues with representatives of the Greek Ministry of Foreign Affairs’ Division for International Human Rights, Refugees, and Immigration; the Ombudsman for Human Rights; the Ministry of Interior; and the Ministry of Education. In addition, staff visited several Romani shanty towns in the Athens region, including the infamous Aspropyrgos camp. Greece does not recognize any groups as “minorities” other than those few formally recognized under the 1923 Treaty of Lausanne (primarily the Muslims of Western Thrace). Accordingly, Roma are not considered an ethnic minority but a “socially vulnerable group.” It is estimated that there are roughly 150,000-300,000 Roma in Greece, out of a population of 11-million-plus. This population largely consists of indigenous Greek Roma, but also includes some Roma who have migrated from Albania in recent years. Greece does not count people according to ethnic affiliation or identity on its national census. Roma in Greece face problems similar to those faced by Roma in other countries. In recent years, Romani plaintiffs have successfully brought cases against Greece before the European Court of Human Rights, including for ill-treatment or excessive use of force by the police. Non-governmental organizations have also been particularly concerned by the deplorable conditions in some Romani shanty towns and the lack of equal access to education and the ability of Roma to obtain documents. The Council of Europe’s Commissioner for Human Rights, Thomas Hammarberg, has also expressed concern about forced evictions of Roma. Helsinki Commission Co-Chairman Benjamin L. Cardin and Commissioner Louise McIntosh Slaughter participated in a Helsinki Commission delegation to Greece in early 1998, and met with (among others) Romani representatives. Greece Slated to Serve as OSCE Chair Greece is slated to serve as Chair of the OSCE in 2009; Kazakhstan has been selected to serve in that position in 2010. Finland serves as the current OSCE Chair-in-Office. At his inaugural address to the OSCE Permanent Council in January, Finnish Foreign Minister Ilkka Kanerva stated, “More can be done also to fight discrimination against Roma and Sinti. I count on all participating States to renew their commitment to implementing the recommendations in the OSCE Action Plan of 2003.” Finland plans to schedule one of this year’s three Supplementary Human Dimension Meetings on Romani human rights issues.
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hearing
Freedom of the Media in the OSCE Region Part 2
Thursday, December 13, 2007Freedom of media is one of the cornerstones of democracy, and recognized as such under international human rights law and in numerous OSCE commitments. Moreover, a free and independent media is not only an essential tool for holding governments accountable; the media can serve as an agent of change when it shines a light into the darkest crevices of the world (examining environmental degradation, corporate or government corruption, trafficking in children, and healthcare crises in the world's most vulnerable countries, etc.) Freedom of the media is closely connected to the broader right to freedom of speech and expression and other issues including public access to information and the conditions necessary for free and fair elections. The hearing will attempt to illustrate the degree in which freedom of the media is obstructed in the greater OSCE region.
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hearing
Combating Hate Crimes and Discrimination in the OSCE
Tuesday, November 06, 2007Congressman Alcee L. Hastings (D-FL), Chairman of the CSCE, held a briefing on hate crimes and discrimination in the OSCE region. Joining Chairman Hastings at the dais were Helsinki Commissioners Senator Gordon Smith (R-OR) and Congresswoman Hilda Solis (D-CA). The briefing focused on intolerance and discrimination within the 56 countries that make up the Organization for Security and Cooperation in Europe (OSCE). Congressman Hastings emphasized the discrimination against the Roma and other minorities of Turkish, African, and south Asian descent when they attempt to apply for jobs, find housing, and get an education The panel of speakers – Dr. Dou Dou Diene, United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia, and related intolerance; Dr. Tiffany Lightbourn, Department of Homeland Security, Science & Technology Directorate; and Mr. Micah H. Naftalin and Mr. Nickolai Butkevich, UCSJ: Union of Councils for Soviet Jews – spoke of the rising popularity of right-wing extremist party, who espouse vicious anti-Semitic slogans and appeal to a 19th century form of European ethnic identity. In addition, Urs Ziswiler, the Ambassador of Switzerland, attended the briefing and commented on the rise in xenophobic views in Switzerland.
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speech
Remarks of Rep. Chris Smith to OSCE Conference on Promoting Tolerance Closing Plenary Session, Bucharest, Romania
Friday, June 08, 2007On behalf of the United States delegation, I would like to thank our Romanian hosts and you, the ministers, ambassadors, NGOs and my fellow delegates for engaging in a discussion of how to combat anti-Semitism and other forms of intolerance in the OSCE. Let me also commend the Romanian Foreign Minister, Mr. Adrian Cioroianu for proposing to host a regional anti-Semitism meeting. That is a magnificent gesture from Romania. On a more personal note, it is deeply gratifying for me, as a Congressman for 27 years who has focused on defending human rights, to see the representatives of so many OSCE States gathered here to reaffirm their commitment to combating intolerance. I was, to steal a phrase from former American Secretary of State Dean Acheson, “present at the creation” of this series of conferences. I remember when, at a hearing I chaired in 2002, in response to what appeared to be a sudden, frightening spike in anti-Semitism in some OSCE countries, including my own, we first proposed the idea for an OSCE conference on combating anti-Semitism. Dr. Samuels of the Wiesenthal Center in Paris testified at that hearing and said, “The Holocaust for 30 years after the war acted as a protective Teflon against blatant ant-Semitic expression. That Teflon has eroded, and what was considered distasteful and politically incorrect is becoming simply an opinion. But,” he quickly warned, “cocktail chatter at fine English dinners can end as Molotov cocktails against synagogues.” Convinced we had an escalating crisis on our hands, the U.S. teamed with several OSCE partners—especially Gert Weisskirchen from Germany—to push for action and reform. Those efforts led to Vienna, Berlin, Cordoba, and to Bucharest today. From the start, before any conference had even taken place, there were colleagues who thought the struggle against anti-Semitism should be folded into a more general effort against intolerance. Well-meaning as that might seem, it would have diluted our focus and resolve. Let’s be frank. Anti-semitism is a particularly insidious form of hate that has had horrific consequences, including genocide. In the span of human history, the Holocaust was yesterday. So I believe we did the wiser thing. We launched a new struggle against anti-Semitism, and a concurrent battle against other specific forms of intolerance such as discrimination against Muslims, Christians, members of other religions, and against racism, xenophobia, and other related forms of discrimination. We have moved ahead on all these issues. Those of us who helped birth the Vienna and Berlin conferences certainly never meant to restrict the OSCE’s field of concern. But we did believe that the OSCE should put and sustain a special emphasis on anti-Semitism. We believed that anti-Semitism is a unique evil, a distinct form of intolerance, the oldest form of religious bigotry, and a malignant disease of the heart that has very often led to murder. Next a brief word on implementation. In each of the conferences OSCE Participating States have made solemn, tangible commitments to put our words into action. Although in some countries progress has been made, anti-Semitic acts have not abated in others, and in some nations has actually gotten worse. So the United States welcomes the OSCE commitment to focus on individual problems and tailor responses to their specificity. This approach is reflected in the mandates of the three personal representatives and we call on more states to support and cooperate with their efforts to put increased muscle behind combating these problems. We welcome and encourage the continuation of ODIHR programs to develop curricula on teaching about the Holocaust, assisting States to enact hate crime legislation, to train prosecutors and police, especially peer-to-peer like the law enforcement officers program. And we should convene follow-up expert meetings and another implementation meeting in 2009. We can't allow human rights fatigue and indifference to set in. Finally, each of us knows we can and must do better. For our part, let me assure you that the members of the U.S. delegation will return home with fresh enthusiasm, commitment and resolve to eradicate the scourge of hate. We return home to insist that the purveyors of criminal acts of hate be vigorously pursued and prosecuted. Prosecutorial discretion is a wonderful concept in the administration of justice but our society is ill served when law enforcement looks the other way at anti-Semitic hate crimes. And we return with an urgent mission to expand Holocaust education and remembrance so that the words, “never again” finally have meaning, and to educate both young and old alike that human rights and tolerance are not fanciful words, but the only way a civilized, compassionate, and caring society can survive and prosper.
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speech
Remarks at the OSCE High-Level Conference on Combating Discrimination and Promoting Mutual Respect and Understanding
Thursday, June 07, 2007I am privileged to address you today as the representative of the OSCE Parliamentary Assembly to the Bucharest Conference, an outgrowth of the work begun by the Assembly in 2002 in response to an alarming spike in anti-Semitic incidents and related violence. Indeed, the Assembly’s timely initiative has led to a sustained focus, by parliamentarians and diplomats alike, on combating this and other forms of intolerance, including racism as well as discrimination against individuals because of their religion. The reality is that none of our societies is immune from the ignorance, indifference or outright hatred that fosters discrimination, intolerance, and ultimately destruction of every sort. Faced with such social afflictions, each of us has a choice whether to remain complacent, some might say complicit, or to take action. The choice is there for each of us to make. It would be foolhardy for any of us to suggest that he or she could single-handedly wipeout these virulent viruses that plague society. But the enormity of the challenge should not deter us from taking action within our own spheres of influence no matter how limited they might seem. From our home, school or workplace to the football stadium, town hall square or pages of our local newspaper, each of us can make a difference. As elected officials, we must recognize our unique responsibility – our obligation -- to combat intolerance and discrimination as well as to promote mutual respect and understanding. First we have a duty to use the public platform entrusted to us to speak out when manifestations of hate occur. As Elie Wiesel has rightly observed, “neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.” Additionally, we can and must work to help our governments and people come to terms with the historical truths of our collective past. Perpetuating myth as history only serves to impede this vital and healthy process. Access to accurate information, including archival materials, is particularly relevant in this regard as well as the textbooks used to educate our young people. Education – whether at the dinning room table or the formal lecture hall – is a powerful instrument for overcoming the legacy of the past, promoting social justice in the present, and building a brighter future. As government officials we have a duty to ensure adequate resources for such programs, including Holocaust education. Government alone cannot accomplish all that needs to be done. To be successful, we must reach out in partnership to civil society. Finally, as legislators, parliamentarians are uniquely positioned to shape laws that help define the limits of conduct in society. At times a daunting task, we face the challenge of ensuring appropriate protection of the targets of hate while preserving fundamental freedoms and human rights. While we may differ on approaches, one thing that we can all agree on is that there can be no neutrality or silence when violence is used against an individual or group. I have traveled across the breadth of the OSCE region and beyond in connection with my work with the OSCE Parliamentary Assembly. Having just been in the Middle East, I am mindful of the unique role the Mediterranean Partners could play in promoting mutual respect and understanding. During the course of my travels I have made it a point to be in contact with a wide spectrum of society, from the displaced Roma forced to live on the extreme margins and members of minority faith communities denied the right to freely profess and practice their faith to ethnic and racial minorities constantly living in fear for their safety. In each instance, they simply seek the dignity that should be accorded to every human being. Far too often there is a fixation on differences that blinds us to our common humanity. In closing, I would note that this year marks the bicentennial of the 1807 Abolition of the Slave Trade Act, which banned the slave trade in the British Empire. The words of a courageous abolitionist in the House of Commons, William Wilberforce, should serve as an inspiration to all of us that we must take a stand no matter the seemingly insurmountable odds against success. “So enormous, so dreadful, so irremediable did the [slave] trade’s wickedness appear that my own mind was completely made up for abolition. Let the consequences be what they would: I from this time determined that I would never rest until I had effected its abolition.” May we display such determination and dedication in our common efforts to combat anti-Semitism and other forms of intolerance and discrimination and work energetically to promote mutual respect and understanding. You and I can make a difference, if we care to. Your presence here in Bucharest is a good starting point. Thank you.
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speech
Confronting Global Anti-Semitism: a Transatlantic Partnership
Monday, April 30, 2007Anti-Defamation League National Leadership Council Thank you for that kind introduction, and for inviting me here tonight. It is a true honor to sit on this panel with three proven leaders in the global fight against anti-Semitism. The ADL is a one of the premier human and civil rights organizations in the world. I do not need to tell you what you have in Abe Foxman. He is a dear friend of mine and to countless others worldwide. When he speaks, I listen. I also want to welcome the more than 20 activists from South Florida with us tonight. Make sure to thank them for bringing the warm weather. I have been asked to keep my remarks brief. So please forgive me if I am a bit cryptic, and do not hesitate to ask me questions later. Elected officials have a unique platform from which to address anti-Semitism and other forms of intolerance. In fact, we have a moral obligation to do so. As Chairman of the Helsinki Commission and the immediate past President of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly, I been working to improve trans-Atlantic relations to combat anti-Semitism and other forms of intolerance for years. Both organizations have provided an invaluable political impetus for this issue to receive the attention which it deserves by all 56 OSCE countries. The reality is that we are seeing a resurgence not only of anti-Semitism, but all forms of intolerance, throughout the entire world. The need for us to combat these evils is growing every day. In Romania, for example, the courts are attempting to rehabilitate the reputation of General Ion Antonescu, an individual responsible for the killing of between 280,000 and 380,000 Jews during the Holocaust. In Hungary, the U.S Holocaust Museum is being denied access to Holocaust archives. And, in Bad Arolson, Germany, one of the largest Holocaust-era archives in the world remains closed to the public because four countries – Italy, Greece, France, and Belgium – have not yet ratified certain amendments to the Bonn Accords. Realize, had it not been for the actions of the Helsinki Commission and others, including the ADL, the situation in Bad Arolson would be worse today than it already is. The Commission first acted on the issue last year with a public briefing. And just last week, the House of Representatives unanimously approved a resolution I authored calling on European countries to expedite the opening of these archives. Indeed, we will not be successful in this and other endeavors unless we work together. Almost every day, I meet with various senior officials, ambassadors, parliamentarians and other dignitaries. Hardly a meeting passes without me engaging my colleagues on common concerns of justice and fairness. Essential aspects of such dialogue are an acknowledgement that we don’t have all the answers, and when it comes to anti-Semitism, no country is immune. It is, therefore, critical that we partner with those who share our awareness, concern, and passion to confront and combat these evils. But let me not sugar coat the issue. Time and time again, I am met with resistance from certain quarters of the international community to these efforts. Some want to talk about the problem and its manifestation, while others refuse that a problem even exists. Institutions built to combat anti-Semitism and protect human rights are key to refuting the deniers. As such, countries would be wise to create their own Helsinki Commissions to serve as a mechanism under which these issues can be addressed. Further, I can not stress enough the importance of face-to-face dialogue. In early June, I will travel first to Warsaw to keynote a conference on the U.S.-Polish-Israeli relationship, then to Israel with the current President of the OSCE PA. My journey will end in Bucharest, Romania at the next OSCE conference on anti-Semitism and other forms of intolerance and discrimination – a conference which I and other legislators helped create almost five years ago. High-level government officials will be there with NGO’s, including the ADL, and it is my sincere hope that Secretary Rice will be among them. Her presence would send a very powerful message. Friends, we can no longer live in a world which encourages and fosters the manifestation of racism, xenophobia, anti-Semitism, and all other forms of bigotry. Our shared dream for justice and fair treatment of all citizens alike is attainable with continued commitment to working together and a willingness to confront anything that comes our way. Thank you.
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statement
Commission on Slavery Established in Romania
Thursday, March 29, 2007Madame Speaker, two hundred years ago, the movement for the abolition of slavery achieved a major victory with the passage of a British law banning the trade in slaves – an anniversary that is getting heightened attention with the release of a new movie chronicling those events. Ending the trade in slaves was not the same as actually ending slavery, but it was a critical beginning to the end. Other developments have also caused us to revisit the legacy of slavery in our own country. This includes the decision by the legislature of the Commonwealth of Virginia to apologize for that state’s role in the slave trade, and reports that Maryland and Missouri are considering similar steps. With a view to our own country’s painful and complicated history of slavery, and as the first African-American Chairman of the Helsinki Commission, I was particularly interested to learn about commemorations held on February 20th in Romania, marking the beginning of the end of slavery in that country. In the case of Romania, however, slaves were not kidnapped and transported from a faraway land. Instead, those enslaved were Roma, a people that had settled in Romania by the 14th century. This ethnic group – somewhere around 1,000 years ago – migrated to Europe from what is now India. Today, Roma make up the largest ethnic minority in the European Union, conservatively estimated at 10 million people. Romania, with an estimated 2 million Roma, has the largest Romani minority on the continent. And in that country, beginning in the 14th century and ending with the establishment of the modern Romanian state in 1864, slavery to the crown, to nobility, and to the monasteries was the exclusive status of Roma. To be clear, Roma were not serfs; they were slaves, bought and sold like cattle. In 1837, the great Romanian historian and statesman Mihail Kogalniceanu described their situation as follows: On the streets of the Iasi of my youth, I saw human beings wearing chains on their arms and legs, others with iron clamps around their foreheads, and still others with metal collars about their necks. Cruel beatings, and other punishments such as starvation, being hung over smoking fires, solitary imprisonment and being thrown naked into the snow or the frozen rivers, such was the fate of the wretched Tsigan [Rom]. The sacred institution of the family was likewise made a mockery: women were wrested from their men, and daughters from their parents. Children were torn from the breasts of those who brought them into this world, separated from their mothers and fathers and from each other, and sold to different buyers from the four corners of Romania, like cattle. Neither humanity nor religious sentiment, nor even civil law, offered protection for these beings. It was a terrible sight, and one which cried out to Heaven. Unfortunately, it appears that the history of slavery in Romania -- and the impact of slavery on the lives of Roma -- has received little scholarly attention. As a corollary, little is taught in Romanian schools about this important chapter in the nation's history. I was very heartened, therefore, to learn that Romanian Prime Minister Calin Popescu-Tariceanu announced on February 20 that the Romanian Government will establish a commission to study the enslavement of Roma. The National Agency for Roma will play a central role in setting up this commission, and the commission will produce recommendations for the teaching of Romani history and promoting Romani culture. Madame Speaker, there is an awful lot of hand wringing about the deplorable situation of Roma today. Across the OSCE region, they face profound discrimination, sometimes manifested in the worst forms of racially motivated violence. Moreover, in 2003, the United Nations Development Program issued a report on the situation in five Central European countries, concluding that, “by measures ranging from literacy to infant mortality to basic nutrition, most of the region’s Roma endure living conditions closer to those of Sub-Saharan Africa than to Europe.” But if you want to know where you're going, you have to know where you came from; if we want to change this status quo, we have to understand the past, which makes this new commission vital for Roma. With respect to Roma, that means three things. First, it means understanding the history of Roma before World War II, and in the case of Romania and Moldova, that requires teaching, studying, and acknowledging the enslavement of Roma. Second, the genocide of Roma during World War II must also be remembered, and more must be done to study and understand the diverse experiences of Roma during the war in different European countries. Finally, we must put an end to the pernicious, dangerous myth that communism was "good" for Roma. With all this in mind, Prime Minister Tariceanu's initiative is really an extremely important step in addressing so many of the problems that Roma face today. I commend him for his leadership and I look forward to following closely the work of this body.
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statement
Recognizing the 50th Anniversary of the Treaty of Rome
Tuesday, March 13, 2007Mr. WEXLER. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 230) recognizing the 50th Anniversary of the Treaty of Rome signed on March 25, 1957, which was a key step in creating the European Union, and reaffirming the close and mutually beneficial relationship between the United States and Europe. The Clerk read as follows: H. Res. 230 Whereas, after a half century marked by two world wars and at a time when Europe was divided and some nations were deprived of freedom, and as the continent faced the urgent need for economic and political recovery, major European statesmen such as Robert Schuman, Jean Monnet, Paul-Henri Spaak, Konrad Adenauer, Alcide de Gasperi, Sir Winston Churchill, and others joined together to lay the foundations of an ever closer union among their peoples; Whereas on March 25, 1957, the Federal Republic of Germany, France, Italy, Belgium, the Netherlands, and Luxembourg signed the Treaty of Rome to establish a customs union, to create a framework to promote the free movement of people, services, and capital among the member states, to support agricultural growth, and to create a common transport policy, which gave new impetus to the pledge of unity in the European Coal and Steel Agreement of 1951; Whereas to fulfill its purpose, the European Union has created a unique set of institutions: the directly-elected European Parliament, the Council consisting of representatives of the Member States, the Commission acting in the general interest of the Community, and the Court of Justice to enforce the rule of law; Whereas on February 7, 1992, the leaders of the then 12 members of the European Community signed the Treaty of Maastricht establishing a common European currency, the Euro, to be overseen by a common financial institution, the European Central Bank, for the purpose of a freer movement of capital and common European economic policies; Whereas the European Union was expanded with the addition of the United Kingdom, Denmark, and Ireland in 1973, Greece in 1981, Spain and Portugal in 1986, a unified Germany in 1990, Austria, Finland, and Sweden in 1995, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia in 2004, and Bulgaria and Romania in 2007, making the European Union a body of 27 countries with a population of over 450 million people; Whereas the European Union has developed policies in the economic, security, diplomatic, and political areas: it has established a single market with broad common policies to organize that market and ensure prosperity and cohesion; it has built an economic and monetary union, including the Euro currency; and it has built an area of freedom, security, and justice, extending stability to its neighbors; Whereas following the end of the Cold War and the disintegration of the Soviet Union, the European Union has played a critical role in the former Central European communist states in promoting free markets, democratic institutions and values, respect for human rights, and the resolve to fight against tyranny and for common national security objectives; Whereas for the past 50 years the United States and the European Union have shared a unique partnership, mindful of their common heritage, shared values and mutual interests, have worked together to strengthen transatlantic security, to preserve and promote peace and freedom, to develop free and prosperous economies, and to advance human rights; and Whereas the United States has supported the European integration process and has consistently supported the objective of European unity and the enlargement of the European Union as desirable developments which promote prosperity, peace, and democracy, and which contribute to the strengthening of the vital relationship between the United States and the nations of Europe: Now, therefore, be it Resolved, That the House of Representatives-- (1) recognizes the historic significance of the Treaty of Rome on the occasion of the 50th anniversary of its signing; (2) commends the European Union and the member nations of the European Union for the positive role which the institution has played in the growth, development, and prosperity of contemporary Europe; (3) recognizes the important role played by the European Union in fostering the independence, democracy, and economic development of the former Central European communist states following the end of the Cold War; (4) acknowledges the vital role of the European Union in the development of the close and mutually beneficial relationship that exists between the United States and Europe; (5) affirms that in order to strengthen the transatlantic partnership there must be a renewed commitment to regular and intensive consultations between the United States and the European Union; and (6) joins with the European Parliament in agreeing to strengthen the transatlantic partnership by enhancing the dialogue and collaboration between the United States Congress and the European Parliament. I first want to thank Chairman Lantos for introducing this resolution with me. If there is anyone in Congress who fully understands the significance of this moment, it is Congressman Lantos, who has been an unwavering supporter of the transatlantic alliance and the creation of the European Union. In addition, I want to thank the ranking member of the Europe Subcommittee, Mr. Gallegly, for his efforts in bringing this resolution to the floor. Mr. Speaker, on March 25, 1957, in an attempt to recover from destruction caused by two devastating world wars, six European nations, France, Italy, Belgium, The Netherlands, the Federal Republic of Germany, and Luxembourg, joined together in common interest to form the foundations of a new economic and political community. The resulting Treaty of Rome laid the framework to promote an ever closer union among the peoples of Europe. At that time, the Treaty of Rome provided for the establishment of a common market, a customs union and common policies, expanding on the unity already established in the European Coal and Steel Community. The founding members, keen on ensuring the past was not to be repeated, were particularly interested in the idea of creating a community of peace and stability through economic ties. The success of the European Economic Community inspired other countries to apply for membership, making it the first concrete step toward the creation of the European Union. The Treaty of Rome established the basic institutions and decision-making mechanisms still in place today. The European Union, now comprised of 27 countries and over 450 million people, is a unique and a historic example of nation-states transcending their former divisions, deciding to come together for the sake of freedom, peace and prosperity, and resolving their differences in the interest of the common good and rule of law. The success of the EU over the past 50 years has also benefited greatly the United States. Today, the United States and Europe enjoy a mutually beneficial relationship that has a long and established history. As the world's most important alliance, the U.S. and the EU are intimately intertwined, cooperating on regional conflicts, collaborating to address global challenges, and sharing strong trade and investment relations. It is clear that the strongest possible relationship between the United States and Europe is a prerequisite for addressing the challenges of the 21st century. The U.S. and EU are working closely to promote reform and peace in the Middle East, rebuild and enhance security in Afghanistan, support the goals of democratization and prosperity in Eastern Europe, the Caucasus, Balkans and Central Asia, prevent genocide in Darfur and end the violence and terrorism in Lebanon. The anniversary of the Rome Treaty is a reminder of the importance of the transatlantic alliance in an increasingly difficult global environment. However, the 50-year EU experiment is an example of the enduring possibilities of democratic transformation and a brighter future for millions. It is my hope that the EU will continue to keep its doors open and remain a beacon of hope to the citizens of Europe who aspire to obtain the peace and prosperity that have blossomed over the past 50 years. When Americans visit Europe today, it is hard to see how very damaged the countries of that continent were when they emerged from the destruction of the Second World War. American assistance played a very important role in rebuilding Western Europe in the 1940s and the 1950s, and American arms played a crucial role in protecting the democracies of Europe from the advance of Soviet communism during the Cold War. Ultimately, however, Europeans needed to do more on their own to build upon a foundation that the United States had first provided. The 1957 Treaty of Rome, signed by France, Germany, Italy, Belgium, The Netherlands, and Luxembourg was one of the first steps that Western Europe took to put the causes and the legacy of the Second World War behind them. The treaty established a free-trade region known as the European Economic Community, the cornerstone of what we today know as the European Union. A post-World War II economically ravaged Europe reasoned that if nations are linked economically, in this case by recalling the role that economic decline and hindered trade among nations had played in the years leading up to World War II, the creators of that free trade zone saw that the freedom of movement of goods, services, capital, and people might well prove to be a great deterrent to conflict between the states of Europe, large and small. Over the subsequent decades through the entry of new members and expansions both geographically across Europe and functionally across issues, the European Community grew beyond the original core membership of the 1950s and assumed responsibilities going well beyond trade. Today, the European Union indeed counts among its member states countries that once were under Soviet domination. It has worked to transfer more powers from its individual member states to the overall organization centered on the road to creating a more unified European foreign and security policy and making the European Union an organization that the United States increasingly looks to for leadership on transatlantic issues, joining the NATO alliances that continue to bind us together in that common cause. While the European Community continues to provide a framework within which to conduct international trade, such as multilateral trade negotiations with the United States, it has also advanced the cause of liberty, free markets, democratic institutions, and respect for human rights throughout the European continent. The Treaty of Rome was an important step in building on the foundation that the United States helped create after World War II for Europe. Today, we look to a strong Europe as seen in the expanded NATO and expanded and strengthened European Union as a foundation on which we can work together to address new and ever growing challenges. Therefore, with enthusiasm, Mr. Speaker, it is that this House should commemorate the 50th anniversary of the signing of this Treaty of Rome. Mr. HASTINGS of Florida. Mr. Speaker, I rise today to join with my colleagues in supporting H. Res. 230, a resolution recognizing the 50th anniversary of the Treaty of Rome, which was signed on March 25, 1957. The Treaty of Rome established a customs union--formally known as the European Economic Community--among six countries: Belgium, France, Italy, Luxemburg, the Netherlands, and the Federal Republic of Germany. Today, that customs union is known as the European Union, and now includes 27 countries spanning the length and breadth of Europe. Most importantly, it has grown into an institution that inspires countries to be their better selves. If one travels to Europe today, it may be hard to remember that, 50 years ago, the continent was still recovering from the second of the two world wars it had unleashed in less than half a century. It may be hard today to recall or imagine the magnitude of devastation that still scarred farmland and cities alike. It may be difficult to conceive of the bitterness, anger and thirst for revenge that bled across the continent like the blood of those fallen in war. The fact that Germany, a country that had unleashed a war of aggression against its neighbors just a few years before, was included in this new ``community'' was really nothing short of a minor miracle. Moreover, fifty years ago, Europe was still riven in two--no longer by a shooting war, but by a cold war. While a small group of nations was beginning the slow process of rebuilding their own countries and forging transnational relations based on cooperation, mutual trust, and mutual benefit, another part of the continent had fallen under the boot of communist dictatorship, where the Soviet Union exploited its neighbors, stripping them of wealth, prosperity, and opportunity for generations. Just one year before the Treaty of Rome was signed, the Soviet Union underscored its opposition to any independent foreign or economic policy on the part of East European countries--a message unequivocally sent by its invasion of Hungary. As the years passed, and the success of the European Economic Communities became ever more apparent, it is no surprise that more countries joined this union. Membership in Council of Europe, the European Union's sister organization and home of the European Court of Human Rights, helped pave the way for membership in the EU. Meanwhile, the NATO alliance created a zone of military security where the post-war citizens of Western Europe could build a zone of financial security. Since the fall of communism, there is no doubt that the aspiration of joining the European Union, much like the goal of joining the NATO alliance, has helped focus the attention of many countries on overcoming their past differences for a larger, common good that also brings substantial benefits to their own citizens. Today, I commemorate the 50th anniversary of the signing of the Treaty of Rome, and the new vision it held for the European continent, one that has helped spread peace and prosperity to nearly 500 million people.
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briefing
The Human Rights Situation of Roma: Europe's Largest Ethnic Minority
Friday, June 16, 2006This 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.
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article
From Promises to Practice: Implementation of National Policies on Roma, Sinti and Travellers
Tuesday, June 13, 2006By 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.
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hearing
Advancing the Human Dimension in the OSCE: The Role of the Office for Democratic Institutions and Human Rights
Wednesday, May 17, 2006This 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.
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briefing
Tools for Combating Anti-Semitism: Police Training and Holocaust Education
Tuesday, May 09, 2006The 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.
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statement
Remarks on Passage of H.Res.578, Concerning the Government of Romania's Ban on Intercountry Adoptions and on the Welfare of Orphaned and Abandoned Children in Romania
Wednesday, April 05, 2006Mr. Speaker, H. Res. 578 expresses deep disappointment that the Romanian government has instituted a virtual ban on intercountry adoptions with serious implications for the well-being of orphaned and abandoned children in Romania. Immediately after the December 1989 revolution, Mr. Speaker, which ousted the much-hated dictator Nicholae Ceausescu, the world learned that tens of thousands of underfed, neglected children were living in institutions, called orphanages, throughout Romania. A month after the fall of Ceausescu, Dorothy Taft, who is our deputy chief of staff at the Commission on Security and Cooperation in Europe, and I traveled to Bucharest and visited those orphanages. We also met with government officials and spoke about the hope for democracy in that country. But one of the most lasting impressions that I have from that trip is being in an orphanage in Bucharest, where dozens of children were lined up with no one to turn them, to change their diapers and, in some cases, even to feed them with the frequency that their little bodies required. It left a lasting impression upon me. Sadly, all these years later, Mr. Speaker, Romania's child abandonment rate that we witnessed firsthand on that trip has not changed significantly over those years. As of December 2005, 76,509 children are currently in the child protection system. While the Romanian government deserves at least some credit for reducing the number of children living in institutions from 100,000 to 28,000, this is only part of the picture. The government statistics do not include the abandoned infants living for years in maternity and pediatric hospitals, where donations from charities and individuals keep the children alive; and more than 40,000 of the children moved out of the institutions are living in nonpermanent settings or foster care, or with maternal assistance, paid by the government or with a distant relative who do not intend to adopt them, but do accept them for a stipend. In the context of Romania's ascension to the European Union, unsubstantiated allegations have been made about the qualifications and motives for those who adopt internationally and the fate of those adopted children. Intercountry adoption, Mr. Speaker, was falsely equated with child trafficking, and Romania faced relentless pressure to prohibit intercountry adoptions. Sadly, rather than focusing on the best interest of the children, Romanian policymakers acquiesced to the European Union's pressure, especially its rapporteur, Lady Emma Nicholson, by enacting a law in 2004 that banned intercountry adoption, except by biological grandparents. By foreclosing foreign adoptions, the laws codified the misguided proposition that a foster family, or even an institution, is preferable to an adoptive family outside of the child's country of birth. Between 1990 and 2004, I would note, more than 8,000 Romanian children found permanent families in the United States and thousands more joined families in Western Europe and elsewhere. This possibility is now gone. Some Romanians and Europeans argue that this law, this misguided law, is somehow consistent with Hague Convention on the Intercountry Adoptions and the Rights of the Child Convention. They also allege that “there is little scope, if any, for international adoptions in Romania because there are so few children who are legally adoptable.” Mr. Speaker, the low numbers declared “legally adoptable” is not something to be proud of. It is a contrivance. Indeed, it is a denunciation of the child welfare system, which now places such an unrealistic priority on unification with blood relatives that it is nearly impossible to determine any child is adoptable, no matter how old and how long they have been in state care without contact with the blood relatives. If more children were made available for adoption, there would be a great need for intercountry adoption. Barely a thousand children have ever been domestically adopted in Romania in any given year. As a result of the new laws, only 333 children were entrusted for domestic adoption last year. For thousands of children abandoned annually in Romania, domestic or intercountry adoption offered the hope of a life outside of foster care or an institution. That hope has now been dashed and destroyed. Last September, Mr. Speaker, I chaired a hearing of the Commission on Security and Cooperation in Europe at which Maura Harty, the Deputy Under Secretary of State, rebutted the argument that the adoption ban is somehow consistent with Romania's intercountry international treaty obligations. Likewise, our witnesses, including Dr. Dana Johnson, Director of the International Adoption Clinic and Neonatology Division at the University of Minnesota's Children's Hospital, testified that Romania's concentration on reunification of an abandoned child with his or her biological family is only superficially consistent with the U.N. Convention on the Rights of the Child. He also talked about the deleterious effect of such waiting, being held in foster care and especially in institutions, has on a child's mental, as well as their physical health. When Romania enacted its intercountry adoption ban, there were 211 pending cases in which children have been matched with adoptive parents in the United States. Approximately a thousand more have been matched with parents in Western Europe, Israel and Australia. In the past few weeks there have been unofficial reports that pending applications are being rejected across the board and the dossiers returned to the adoptive parents. A document from the Romanian Office for Adoption acknowledged that fewer than 300 of these children have been placed in permanent situations, either returned to biological parents or adopted within Romania. The vast majority remain in limbo. This cannot be the last word of what we often call “the pipeline cases.” The Romanian government repeatedly promised to analyze each pending case thoroughly, but the review that has supposedly been done was not transparent, was not done on a case-by-case basis, and was not conducted according to clear and valid criteria that is in the best interest of each individual child. These cases involve prospective families who have proven their good faith, by waiting for years for these children. Many cases involve children who will not be domestically adopted due to their special needs, medical or societal prejudices. In at least three cases, Mr. Speaker, children are already living in the United States with their prospective adoptive parents while receiving life-saving medical treatment, including a child with spina bifida. These children were legally adoptable until Romania's new law took effect. Let me say that when I introduced this resolution in November, I asked the question, who in the European Union will stand with Members of our Congress, to protect these defenseless children? Today I am happy to say, members of the European Parliament are challenging the anti-adoption monopoly over this issue and that is encouraging. On December 15, the European Parliament urged Romania to act in the pending cases with the goal of allowing intercountry adoptions to take place where justified and appropriate. In March, the European Parliament's rapporteur for Romania's EU accession, Mr. Pierre Moscovici, reported that he notably differs on the issue of international adoption of Romanian children from the previous rapporteur, Baroness Emma Nicholson, whose virulent anti-adoption views that hurt the children of Romania are now very, very well known. I applaud the European Parliament and I am glad that our parliament, this Congress, is poised to go on record very strongly in trying to resolve these pipeline cases. In closing, I want again to thank Chairman Hyde and Ranking Member Lantos for their tremendous support for this resolution and the underlying issue of trying to encourage intercountry adoption in a country, Romania that has now, in a misguided fashion, turned their back on those children who could find loving, durable homes with the adoption option. Let me also thank so many other people who were a part of this, but especially Maureen Walsh, who is our General Counsel for the Commission on Security and Cooperation in Europe, for her extraordinary expertise and work on the issue and this resolution. We have had an ongoing process, contacting the highest levels of the government of Romania, from the President on down. It has been ongoing. It has been frequent. Our hearing that Ben Cardin and I put on last year I think brought all of these issues to the fore in a way that were very persuasive on the part of the pipeline families, as well as the issue itself. The intercountry adoption is a loving, compassionate option, and certainly is far better than languishing in an orphanage somewhere where the child is warehoused. Mr. Speaker, so we call upon the Romanian government again to reverse its position, to cease its mucking under Lady Nicholson's pressure, which is now going into reverse. The European Union, as I said before, is showing clear signs that it concludes it has made a profound mistake. I want to thank Mr. Cardin, who is our ranking member on the Commission on Security and Cooperation in Europe, who has been working on these issues side by side.
Name
Romania
Romania, with a population of 20 million, is a constitutional republic with a democratic, multi-party parliamentary system. It is a staunch NATO ally and one of the most recent countries to join the European Union.
Government corruption remained a widespread problem that affected all sections of society, although in recent years many officials, including high-ranking officials from across the political spectrum, have been prosecuted for corruption. Systematic societal discrimination against Roma affected their access to adequate education, housing, health care, and employment opportunities. Elections have generally met OSCE standards, notwithstanding irregularities
Among human rights issues the Commission has addressed over the years in hearings, meetings, and visits are the situation of the Romani and other minorities; religious and other property restitution and compensation issues; corruption; care for the disabled; the welfare of Romanian orphans and abandoned children; and Romania’s ban on intercountry adoptions, a topic that was addressed in several Commission hearings in the mid-2000s. In the early-mid 1980s, the Commission was very active in facilitating Romanian-U.S. family reunification cases.
Staff Contact: Michael Cecire, senior policy advisor