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Canada Considers Next Steps in Extractive Industry Transparency; Roundtable in Toronto is Forum for Discussion on Harmonization of Canadian and U.S. Reporting Requirements
Friday, February 04, 2011

By Shelly Han
Policy Advisor

The oil, gas and mining sector play an important part of Canada’s economy, not only in terms of its domestic industry, but also the global reach of Canada’s extractive companies and the importance of its capital markets for international mining companies. According to recent reports, Toronto is the mining finance capital of the world, raising 30 to 40 per cent of the world’s mining equity almost every year, and Canadian mining companies account for a world-leading 40 percent of global exploration expenditure.

With passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, a new law was created that requires greater transparency by oil, gas and mining companies in all markets, both domestic and international. The law, sponsored by Senators Ben Cardin and Richard Lugar, requires all companies listed on U.S. stock exchanges to report to the Securities and Exchange Commission (SEC) the payments they make to U.S. and foreign governments for natural resource exploration and extraction. The SEC rule to implement this law is currently being drafted and will become final in early April of 2011.

In order to make this transparency initiative even more effective, supporters of the measure are working to enact similar initiatives in other major capital markets such as the EU, Canada, Hong Kong and elsewhere. On January 18, 2011, the Publish What You Pay Coalition of Canada convened a roundtable discussion to consider ways that Canada might harmonize its exchange reporting regulations with the new requirements enacted in the United States. At the event were key players in the Canadian extractives industry sector, the regulatory agencies, academics and non-governmental organizations. Strong support was expressed by some participants for harmonization with the U.S. because of Canada’s pivotal role in providing mining capital. And even though Canadian companies and the Canadian Government have made a tremendous push toward increasing corporate social responsibility in the mining sector, it was noted by one of the participants that Canada is about to be severely criticized by the Organization for Economic Cooperation and Development (OECD) following completion of an assessment of their enforcement of anti-bribery laws.

During the discussion, the participants noted that a complicating factor in harmonization was the fact that Canadian capital markets are administered at the provincial and territory-level, meaning that unlike the practice in the United States where this is just one federal regulator, Canada has 13 separate securities regulators. Currently pending legislation in the form of a draft Securities Act, however, may create an overarching federal securities body, but some participants expressed doubt about the passage of this bill. Even absent creation of a federal agency, some participants noted that if the major exchanges in Toronto and Ontario moved to harmonize first, then other provinces were likely to follow suit.

Regardless, Canadian regulators are unlikely to move forward until a final SEC rule is issued in April. At that time groups such as the Publish What You Pay Coalition and others will likely move forward with a renewed push for harmonization with new global standard on transparency for the extractive industries.

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  • Business Climate in Ukraine

    Mr. President, as Co-Chairman of the Commission on Security and Cooperation in Europe, I have closely followed developments in Ukraine including aspects of the human, security and economic dimensions. My desire is that Ukraine consolidates its independence by strengthening democratic institutions, including the judiciary, and undertaking reforms to improve the business climate essential to attracting much-needed foreign investment.   Twelve years after independence, the people of Ukraine deserve to enjoy the fruits of freedom and prosperity, but obstacles remain. Bringing Ukraine more fully into Europe is both essential to the country's long-term economic success and important for European security. Accelerating Ukraine's movement toward Europe is timely and needed. While high-ranking Ukrainian officials pay lip service to such integration, the jury is still out as to whether they are prepared to take the bold steps that will be required to advance such integration. An important barometer for the future will be the extent to which the country's moves to confront the corruption and crime that retard the process of democratization and economic liberalization and erode Ukraine's security and independence.   While those at the top say the right things, there is justified skepticism as to their sincerity. This is certainly the case concerning Ukraine's current President, Leonid Kuchma. The controversies surrounding Kuchma undercut his credibility with respect to the issue of combating corruption. Nevertheless, this should not detract from the urgency of tackling corruption in the lead up to the presidential elections to select Kuchma's successor in 2004.   Meanwhile, those serious about rooting out corruption and corrupt officials should take a hard look at the handling, or more accurately, the mishandling, of Ukrainian and foreign owned businesses. For example, United States-owned businesses have been victimized through expropriations, asset thefts, extortion and the like perpetrated or abetted by corrupt officials and courts in Ukraine. While new cases continue to occur, longstanding cases remain unresolved with investors unable to obtain the relief to which they are entitled under Ukrainian and international law.   Although the State Department has made repeated representations about these cases at senior levels of the Kuchma administration, Kyiv rebuffed repeated requests to resolve them in accordance with the law. At the same time it refuses to punish the perpetrators of the criminal acts or take corrective measures to prevent similar cases from arising.   If the victims are to ever achieve a measure of justice, it is essential that U.S. officials raise these cases at every appropriate opportunity.   In one especially egregious and illustrative case, well-connected individuals in Ukraine were able to orchestrate the seizure of all the assets of a successful pharmaceutical joint venture which was half owned by United States investors. When, 6 years after the theft the Ukrainian appeals courts finally dismissed the spurious claims to the assets on grounds that they were based entirely on forged and falsely fabricated documents, senior Ukrainian officials launched into action. Within weeks of these judicial decisions, the Ukrainian President reportedly convened a meeting of senior officials, including the cognizant senior judges and his own senior law enforcement and national security cabinet level officers, at which he made clear that he did not want the stolen assets restored to their rightful American owners.   The courts quickly complied, without explanation, and in disregard of the copious evidence before them, the judges reversed the decisions taken just two months earlier and held in favor of the claimants. Several months later longstanding criminal charges against the same individuals were dropped.   The circumstances surrounding this case and others involving United States investors are indicative of the far reaching scope of corruption and the rule of law deficit in Ukraine today. While the matter was repeatedly raised by the State Department several years ago, I am concerned that the Ukrainian side might assume that the matter is a closed case. I urge officials at the Departments of State and Commerce to disabuse Ukrainian Government officials of such an impression.   If the Kuchma administration is serious about rooting out corruption and advancing democracy and the rule of law, these cases provide a good starting point. Only time will tell if they are up to the challenge.

  • 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.

  • US SHDM Statement on Religious Freedom

    Freedom of thought, conscience, religion or belief is a cornerstone of OSCE commitments protecting human rights. The 1989 Vienna Concluding Document declared that participating States will "take effective measures to prevent and eliminate discrimination against individuals or communities on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, political, economic, social and cultural life, and to ensure the effective equality between believers and non-believers." The document went on to declare that participating States will "foster a climate of mutual tolerance and respect between believers of different communities as well as between believers and non-believers." Corporately, the participating States have agreed to a rich body of commitments meant to facilitate not frustrate the profession and practice of religion. In too many OSCE countries today, however, government officials use restrictive laws and ignore constitutional protections in such a way as to unjustifiably limit the practice of religion for members of many unpopular groups. The drafters of OSCE agreements on religious freedom evidently recognized the important role governments play in fostering a climate of tolerance in their societies. Government intolerance of religious groups, in most cases, will only lead to greater intolerance among their populace. One elementary responsibility of the state in this regard is non-discrimination towards individual members or groups. This issue was addressed at the ad hoc meeting hosted by the Dutch in the summer of 2001, which highlighted how, in the OSCE region, policies that favor certain religious groups tend to, as a corollary, penalize other religious groups by denying legal personality or equal status. By institutionalizing discriminatory policies toward a group, government actions can have the effect of stigmatizing certain religious communities. In some OSCE countries, this has taken the form of special lists, centers offering one-sided information or burdensome registration laws creating hurdles impossible to overcome. Such acts, especially by EU countries, are especially worrisome as many incoming EU countries are copying such acts and regulations, often without the long-standing democratic practices and protections to prevent discrimination or abuse. We urge countries that have hierarchical structures to examine their laws carefully to determine if they are unjustifiably restricting or penalizing those citizens who do not belong to these particular religious bodies.

  • H.R. 2620: Trafficking Victims Protection Reauthorization Act

    Mr. Speaker, today I am introducing the Trafficking Victims Protection Reauthorization Act of 2003, which is intended to improve the United States’ efforts in combating the scourge of human trafficking. I am very pleased to have Congressmen Lantos, Ranking Member of the International Relations Committee, Congressman Pitts and Congresswoman Slaughter, join me as original cosponsors. According to a recently released U.S. Government estimate, 800,000 to 900,000 women, children and men fall victim to international trafficking each year and end up prisoners of slavery-like practices in the commercial sex industry, domestic servitude, sweatshops, and agricultural farms, among other destinations. In October 2000, we adopted the Trafficking Victims Protection Act (TVPA), P.L. 106-386. As a result of that law, the U.S. Government allocated $68.2 million last year to combat trafficking in human beings. In the past two years, federal prosecutors initiated prosecutions of 79 traffickers--three times as many as in the two previous years. Nearly 400 survivors of trafficking in the United States have received assistance, facilitated by the Department of Health and Human Services, to begin recovering from their trauma and to rebuild their shattered lives. Thanks to the efforts of the State Department, USAID, and the spotlight put on the issue through the annual Trafficking in Persons Report, governments worldwide have also begun taking significant actions against human trafficking. Despite these substantive inroads, people continue to be bought and sold in modern day slavery. Victims continue to face obstacles in the process of securing needed assistance. We are not yet addressing trafficking in persons as an organized crime activity. We have not yet aggressively targeted sex tourism as a factor contributing to the demand for trafficked persons in prostitution, and more specialized research is needed. The Trafficking Victims Protection Reauthorization Act (TVPRA) would address these and other areas of concern, would authorize funding to continue our government’s efforts against trafficking, and would build upon the experience of implementing the TVPA to refine U.S. laws and practices to better fulfill the intent of that law. Specifically, the TVPRA would enhance the prevention of human trafficking by: Requiring that U.S. Government contracts relating to international affairs contain clauses authorizing termination by the United States if the contractor engages in human trafficking or procures commercial sexual services while the contract is in force; Promoting innovative trafficking prevention initiatives, such as border interdiction programs; Requiring airlines to inform passengers about U.S. laws against sex tourism. The TVPRA would enhance protections for trafficking victims by: Allowing Federal, State or local law enforcement authorities to certify, for the purpose of receiving benefits, that a victim of trafficking has cooperated in the investigation or prosecution of trafficking crimes; Allowing trafficking victims to sue their traffickers in U.S. courts; Eliminating the requirement that a victim of trafficking between the ages of 15 and 18 must cooperate with the investigation and prosecution of his or her trafficker in order to be eligible for a T-visa; Allowing benefits and services available to victims of trafficking to be available for their family members legally entitled to join them in United States; and Providing for the confidentiality of T-visa applications. The TVPRA would enhance prosecution of trafficking-related crimes by: Permitting federal anti-trafficking statutes to be used to prosecute acts of trafficking involving foreign commerce or occurring in the special maritime or territorial jurisdiction of the United States; Making human trafficking crimes predicate offenses for RICO charges; and Encouraging the use of International Law Enforcement Academies to train foreign law enforcement authorities, prosecutors and members of the judiciary regarding human trafficking. The TVPRA would improve the U.S. Government’s response to trafficking by: Encouraging critical research initiatives; Mandating a report on federal agencies’ implementation of the TVPA; Designating that the Director of the State Department Office to Monitor and Combat Trafficking shall have the rank of Ambassador-at-Large; and Prohibiting the use of funds to promote, support, or advocate the legalization or practice of prostitution. The TVPRA would reauthorize appropriations for each of FY 2004 and 2005: $4 million to the Interagency Task Force to Monitor and Combat Trafficking; $15 million to the Department of Health and Human Services; To the Secretary of State, $15 million for assistance for victims in other countries; $15 million for programs to improve law enforcement and prosecution; and $15 million for trafficking prevention initiatives; $300,000 to the Organization for Security and Cooperation in Europe for trafficking prevention and legal reform programs; $15 million to the Department of Justice for assistance to victims in the United States and $250,000 for anti-trafficking training activities at the International Law Enforcement Academies (ILEAs); $15 million to the President for foreign victim assistance (prevention activities); $15 million for assistance to foreign countries to meet the minimum standards to combat trafficking; $300,000 for research; and $250,000 for anti-trafficking training activities at the ILEAs; and $10 million to the Department of Labor. Mr. Speaker, the Trafficking Victims Protection Act of 2000 enjoyed broad, bi-partisan support in both Houses of Congress. We are making progress in our battle against modern day slavery, but clearly there is still much work to be done by government authorities, by civil society, by our faith communities, and by all men and women of good will. As lawmakers, we have the opportunity to make our contribution to this endeavor. I strongly urge my colleagues to support this commonsense reauthorization bill to support and enhance the good work which has been undertaken.

  • Democracy, Human Rights and Justice in Serbia Today

    Donald Kursch, Senior Advisor at the US Commission on Security and Cooperation in Europe, moderated this briefing that discussed, among other things, the trajectory of democratic institutions in Serbia. This briefing was held in the wake of the assassination of Serbian Prime Minister Djindjic, after which the authorities in Belgrade undertook tough measures to crack down on the criminal elements that had continued to be a barrier to Serbia and Montenegro’s full integration into the Euro-Atlantic community’s institutions. More restrictive measures against crime in Serbia and Montenegro had underscored the progress already made by democratic forces in overcoming the estrangement between the two countries and the West.

  • Prevention of Anti-Semitic Violence

    Mr. President, I appreciate the broad bipartisan support given to Senate Concurrent Resolution 7, and the prompt action by the Committee on Foreign Relations, allowing for timely consideration of this resolution by the full Senate. Anti-Semitism is an evil that has bedeviled previous generations, formed a black spot on human history, and remains a problem to this day. As Co-Chairman of the Helsinki Commission, I have been particularly concerned over the disturbing rise in anti-Semitism and related violence in many participating States of the 55-nation Organization for Security and Cooperation in Europe, OSCE, including the United States.   The anti-Semitic violence we witnessed in 2002, which stretched the breadth of the OSCE region, is a wake-up call that this evil still lives today, often coupled with a resurgence of aggressive nationalism and an increase in neo-Nazi “skin head” activity. Together with colleagues on the Helsinki Commission, we have diligently urged the leaders of OSCE participating States to confront and combat the plague of anti-Semitism. Through concerted efforts by the State Department and the U.S. Mission to the OSCE, a conference focused on anti-Semitism--called for in the pending resolution--will be convened in Vienna, Austria, June 19-20.   Meanwhile, the Helsinki Commission has undertaken a number of initiatives aimed at further elevating the attention given to rising anti-Semitism. In the year since the Commission's hearing on this issue, Commissioners have pursued it within the OSCE Parliamentary Assembly as well as in contacts with officials from countries of particular concern. I would point to France as a country that has recognized the problem and acted to confront anti-Semitism and related violence with tougher laws and more vigorous law enforcement. I urge French officials to remain vigilant, while recognizing that none of our countries is immune.   A recent opinion survey of adults in five European countries conducted by the Anti-Defamation League, ADL, found that 21 percent harbor “strong anti-Semitic views.” At the same time, the survey revealed that 61 percent of the individuals polled stated they are “very concerned” or “fairly concerned” about violence directed against European Jews. An ADL national poll of 1000 American adults found that 17 percent of Americans holds views about Jews that are “unquestionably anti-Semitic,” an increase of 5 percent from the previous survey conducted four years earlier. According to ADL there were 1,559 reported anti-Semitic incidents in the U.S. in 2002, with attacks on campuses rising by 24 percent over the previous year.   Mr. President, if anti-Semitism is ignored and allowed to fester and grow, our societies and civilization will suffer. A particularly disturbing element we have observed is the growth of anti-Semitic acts and attitudes among young people ranging from a rise in incidents on U.S. college campuses to violent attacks perpetrated on Jews by young members of immigrant communities in Western Europe. Education is essential to reversing the rise in anti-Semitism. Our young people must be taught about the Holocaust and other acts of genocide. Institutions such as the Holocaust Memorial Museum are making valuable contributions to promote the sharing of this experience at home and abroad. Such activity should have our strong support as a vital tool in confronting and combating anti-Semitism.   Mr. President, passage of the Senate Concurrent Resolution 7 will put the United States Senate on record and send an unequivocal message that anti-Semitism must be confronted, and it must be confronted now.   Mr. FRIST. Mr. President, I ask unanimous consent the concurrent resolution be agreed to, the preamble be agreed to, and the motion to reconsider be laid upon the table, with no intervening action or debate.   The PRESIDING OFFICER. Without objection, it is so ordered.   The concurrent resolution (S. Con. Res. 7) was agreed to.   The preamble was agreed to.   The concurrent resolution, with its preamble, reads as follows:   S. CON. RES. 7   Whereas the expressions of anti-Semitism experienced throughout the region encompassing the participating States of the Organization for Security and Cooperation in Europe (OSCE) have included physical assaults, with some instances involving weapons or stones, arson of synagogues, and desecration of Jewish cultural sites, such as cemeteries and statues;   Whereas vicious propaganda and violence in many OSCE States against Jews, foreigners, and others portrayed as alien have reached alarming levels, in part due to the dangerous promotion of aggressive nationalism by political figures and others;   Whereas violence and other manifestations of xenophobia and discrimination can never be justified by political issues or international developments;   Whereas the Copenhagen Concluding Document adopted by the OSCE in 1990 was the first international agreement to condemn anti-Semitic acts, and the OSCE participating States pledged to “clearly and unequivocally condemn totalitarianism, racial and ethnic hatred, anti-Semitism, xenophobia, and discrimination against anyone as well as persecution on religious and ideological grounds”;   Whereas the OSCE Parliamentary Assembly at its meeting in Berlin in July 2002, unanimously adopted a resolution that, among other things, called upon participating States to ensure aggressive law enforcement by local and national authorities, including thorough investigation of anti-Semitic criminal acts, apprehension of perpetrators, initiation of appropriate criminal prosecutions, and judicial proceedings;   Whereas Decision No. 6 adopted by the OSCE Ministerial Council at its Tenth Meeting held in Porto, Portugal in December 2002 (the “Porto Ministerial Declaration”) condemned “the recent increase in anti-Semitic incidents in the OSCE area, recognizing the role that the existence of anti-Semitism has played throughout history as a major threat to freedom”;   Whereas the Porto Ministerial Declaration also urged “the convening of separately designated human dimension events on issues addressed in this decision, including on the topics of anti-Semitism, discrimination and racism, and xenophobia”; and   Whereas on December 10, 2002, at the Washington Parliamentary Forum on Confronting and Combating anti-Semitism in the OSCE Region, representatives of the United States Congress and the German Parliament agreed to denounce all forms of anti-Semitism and agreed that “anti-Semitic bigotry must have no place in our democratic societies”: Now, therefore, be it   Resolved by the Senate (the House of Representatives concurring), That it is the sense of Congress that--   (1) officials of the executive branch and Members of Congress should raise the issue of anti-Semitism in their bilateral contacts with other countries and at multilateral fora, including meetings of the Permanent Council of the Organization for Security and Cooperation in Europe (OSCE) and the Twelfth Annual Session of the OSCE Parliamentary Assembly to be convened in July 2003;   (2) participating States of the OSCE should unequivocally condemn anti-Semitism (including violence against Jews and Jewish cultural sites), racial and ethnic hatred, xenophobia, and discrimination, as well as persecution on religious grounds whenever it occurs;   (3) participating States of the OSCE should ensure effective law enforcement by local and national authorities to prevent and counter criminal acts stemming from anti-Semitism, xenophobia, or racial or ethnic hatred, whether directed at individuals, communities, or property, including maintaining mechanisms for the thorough investigation and prosecution of such acts;   (4) participating States of the OSCE should promote the creation of educational efforts throughout the region encompassing the participating States of the OSCE to counter anti-Semitic stereotypes and attitudes among younger people, increase Holocaust awareness programs, and help identify the necessary resources to accomplish this goal;   (5) legislators in all OSCE participating States should play a leading role in combating anti-Semitism and ensure that the resolution adopted at the 2002 meeting of the OSCE Parliamentary Assembly in Berlin is followed up by a series of concrete actions at the national level; and   (6) the OSCE should organize a separately designated human dimension event on anti-Semitism as early as possible in 2003, consistent with the Porto Ministerial Declaration adopted by the OSCE at the Tenth Meeting of the OSCE Ministerial Council in December 2002.

  • Speech Regarding Normalized Trade Relations with Serbia Montenegro

    Mr. Speaker, a decade ago we began witnesses to genocide in Europe. By stirring up nationalism, harassing opposition and intimidating the population as a whole to go along with his plans, the regime of Slobodan Milosevic led Serbia into a war of aggression against its neighbors within the former Yugoslavia. Millions were displaced, hundreds of thousands killed and tens of thousands raped or tortured, particularly in Bosnia-Herzegovina. In response, largely at the urging of the U.S. Congress, sanctions were put into place and, ultimately, military intervention was employed to stop Milosevic.   In 2000, the voters of Serbia removed Milosevic from power. In place of his regime, an opposition consisting of genuine reformers and true democrats along with a fair share of Serbian nationalists took control of government. Since that time, the ruling opposition fell into polarized camps, making recovery and reform difficult. This situation also created a challenge in U.S. foreign policy. On the one hand, the United States wants to encourage Belgrade and facilitate reform. On the other, the United States must ensure that the legacy of Slobodan Milosevic has been fully shed, a prerequisite for recovery throughout southeastern Europe.   The Miscellaneous Tariff Bill, H.R. 1047, considered yesterday contains a provision granting the President the authority to restore normalized trade relations for Serbia and Montenegro. I support this provision; normalized trade relations should be restored. Whatever problems might remain, the fact is that there has been progress since Milosevic was removed from power, and Serbia and Montenegro should not be placed on the same list of states not granted normalized trade relations as Cuba, North Korea or Laos. Other countries with far worse records, including Belarus and the Central Asian states, at least receive the benefits of normalized trade relations on a conditional basis which Serbia and Montenegro is denied.   By fixing this, I hope Belgrade recognizes that we want reforms to succeed and recovery and reform take place. Belgrade also needs to know, Mr. Speaker, that restoring NTR does not mean satisfaction with Belgrade's performance to date. While there has been progress, that progress has been too slow, and some issues remain unresolved. Chief among these issues is Belgrade continued resistance to full cooperation with the International Criminal Tribunal for the Former Yugoslavia, located in The Hague. It is especially outrageous that persons responsible for the crimes committed at Vukovar and Srebrenica continue to be at large and perhaps even protected by Yugoslav or Serbian authorities.   While trade relations may not be conditioned on further progress, U.S. bilateral assistance to Serbia is. If there is not a major improvement in Belgrade's cooperation with The Hague by June 15, assistance to Serbia will stop. The Administration must certify progress before assistance continues past that date, and the State Department has made clear that a precondition for certification is the apprehension and transfer of Ratko Mladic, indicted for the massacre of thousands at Srebrenica, and Veselin Sljivancanin and Miroslav Radic, indicted for their role in the massacre of about 200 individuals taken from a hospital in Vukovar, Croatia.   As co-chairman of the Helsinki Commission, I urge Belgrade not only to meet their international obligations relating to ICTY not just to the point of obtaining certification for another year. Cooperation should be full. Only then can the conditionality on assistance be removed for good.

  • OSCE Parliamentarians Vow to Confront Anti-Semitism

    By Donald Kursch, Senior Advisor American and German delegates to the Winter Session of the OSCE Parliamentary Assembly (OSCE PA) recently hosted a special forum in Vienna during which more than 75 parliamentarians from 17 countries expressed their support for efforts to combat anti-Semitism in the OSCE region. The forum was organized by the cooperative efforts of United States Helsinki Commission Co-Chairman and Chairman of the US Delegation to the OSCE PA Rep. Christopher H. Smith (R-NJ) and German Bundestag Member Dr. Gert Weisskirchen. Helsinki Commission Members Rep. Steny H. Hoyer (D-MD), Rep. Benjamin L. Cardin (D-MD) and Rep. Alcee L. Hastings (D-FL), as delegates to the Parliamentary Assembly, actively participated in the discussions. The forum also included parliamentarians from Bulgaria, Canada, the Czech Republic, Finland, France, Hungary, Italy, the Netherlands, Romania, Russia, Serbia and Montenegro, Sweden, Turkey and the United Kingdom. OSCE PA President Bruce George and Secretary General Jan Kubis also attended the meeting. Participants expressed their readiness to support the Parliamentary Assembly’s Berlin Declaration of July 2002 denouncing anti-Semitic violence and agreed that a pro-active approach by parliaments and governments are essential to counter anti-Semitism throughout the 55-nation OSCE region. That measure, based on a draft introduced by the U.S. delegation, was unanimously adopted in Berlin. Dr. Weisskirchen and Rep. Smith obtained substantial support for the German-U.S. joint action plan of December 2002 to combat anti-Semitism which encourages “all OSCE countries to enact appropriate criminal legislation to punish anti-Semitic acts and ensure that such laws are vigorously enforced.” The action plan also addresses the need for renewed educational efforts to counter anti-Semitic attitudes and stereotypes, and the proliferation of anti-Semitic and neo-Nazi material via the Internet. Dr. Weisskirchen opened the Vienna meeting by recalling Germany’s experience and stressed the importance of preventive action. He said that anti-Semitism is a virus that may appear small in the beginning but can quickly gain momentum, poison the body of state institutions and destroy democracy itself. Co-Chairman Smith cited the need for collective action and referred to a resolution he and Commissioner Cardin introduced in the U.S. House of Representatives to combat anti-Semitism that places particular emphasis on law enforcement and education. Mr. Michel Voisin, head of France’s delegation to the Parliamentary Assembly, described a new law passed unanimously by both houses of the French Parliament that doubles penalties for anti-Semitic and racist violence. He cited the law as an example of decisive action parliaments can take. Voisin noted that prior to the approval of this law on February 3, 2003, anti-Semitic and racist motives were not taken into account when punishing perpetrators of violence. According to Voisin, France is vigorously tackling the problem posed by proliferation of anti-Semitic and neo-Nazi material over the Internet and stressed that providers who knowingly promulgate such material will be held responsible. Austrian journalist and human rights activist, Marta Halpert, addressed the gathering as an expert witness. Citing the Austrian experience, she underscored how political populism was breaking old taboos in many European countries. Populists sought to fill gaps in the political spectrum by appealing to frustrated voters seeking simple solutions to complex problems, according to Halpert. Halpert said politicians such as Jörg Haider in Austria and Jürgen Möllemann in Germany used language to encourage those in the electorate who assert that “the Jews encourage anti-Semitism themselves.” She noted how Haider’s high profile has enabled individuals with extremist views to “enter the mainstream” and cited the example of an Austrian neo-Nazi who writes a regular column for a high circulation national newspaper. Halpert stressed the importance of politicians in all parties to vigorously denounce those who use xenophobia and anti-Semitism to appeal to the base fears of the electorate. Parliamentarians from several other OSCE participating States, including Canada, the Czech Republic, Italy, Sweden and Denmark, expressed their support for the joint German-American efforts. Canadian Senator Jerry Grafstein, OSCE PA Treasurer ,strongly endorsed the German-American initiative and praised the OSCE for leading international institutions in combatting anti-Semitism. He reminded his colleagues that “silence is acquiescence” and stressed that all parliamentary bodies of the OSCE participating States should take a strong, public stance condemning anti-Semitism in all its forms. Members of the Canadian, French, German, Italian and Swedish delegations signed formal statements of solidarity with the German-American initiative. Canadian MP and Third Committee Vice-Chair Sven Robinson said the fight against anti-Semitism attracts support across party lines in his country where efforts are underway to formulate a stronger response to those responsible for hate crimes. Czech MP and head of delegation Petr Sulak expressed solidarity with the initiative and recalled the immense suffering that anti-Semitism had brought to his country and elsewhere in central Europe. In his country alone, more than 300,000 had perished in the Holocaust. Italian Senator Luigi Compagna and MP Marcello Pacini highlighted proposals introduced into Italian legislative bodies to condemn anti-Semitism. According to Compagna and Pacini, such proposals are unprecedented. Various speakers raised the need to counter the proliferation of racist and anti-Semitic material through the Internet and endorsed the French delegation’s call for restrictions. Canadian MP Clifford Lincoln asserted that Internet service providers had to assume a greater sense of responsibility and questioned why measures to accomplish this would be a restriction on freedom of speech. Germany’s head of delegation, Bundestag Member Rita Süssmuth, said that speech should not be permitted to “ignore the dignity of others.” Rep. Cardin noted the need to trace material transmitted by the Internet more easily, but noted the delicacy involved in finding ways to do this that respect the right of freedom of expression. Rep. Cardin also congratulated the French on the passage of their new law and particularly endorsed its emphasis on motivation for a criminal act. This distinction was of great importance. He added that we also needed to increase the capability of schools and teachers to instruct the next generation to be fair minded and tolerant. Echoing this sentiment, Mr. Smith pointed out that youth are not inherently inclined to hate, but needed to be “taught by their seniors to hate.” He advocated that more resources should be devoted to promoting Holocaust awareness. Danish MP Kamal Qureshi also recommended better education and training for police, who needed to learn how to distinguish between anti-Semitic and racist motivated crime and common criminal acts. U.S. Helsinki Commission and OSCE PA Vice President Rep. Alcee Hastings suggested the OSCE consider granting a special award to individuals who had done the most in the region to combat anti-Semitism. U.S. Ambassador to the OSCE, Stephan Minikes, spoke of plans by OSCE Chairman-in-Office, Netherlands Foreign Minister Jaap de Hoop Scheffer, to hold a special conference on anti-Semitism. The date for such an OSCE conference has not been announced, but officials anticipate the two-day Vienna meeting will precede the Parliamentary Assembly’s July 2003 Annual Session to be held in Rotterdam. Topics will likely include the role of governments in monitoring anti-Semitism, appropriate legislation, education, law enforcement training and the role of civic leaders and NGOs in combatting anti-Semitism. Russian Duma member, Elena Mizulina, noted that some progress has been made in her country. She hailed a new law condemning racism and extremism as a “milestone,” and praised the efforts of President Vladimir Putin in supporting the legislation. However, according to Mizulina, much work remains. Mizulina said that anti-Semitic attitudes in Russia are much too common among the general population as well as elected officials. She said such attitudes are particularly common in Russia’s provinces where even certain state governors were still not embarrassed to express anti-Semitic views openly. Mizulina said that representatives from Russia and other CIS countries need to speak out more forcefully to condemn anti-Semitism and racism. She added that the OSCE Parliamentary Assembly has not done enough and strongly endorsed the notion that anti-Semitism be considered as a separate agenda item at the Rotterdam meeting. Delegates also welcomed the decision by the OSCE Chairman-in-Office, Dutch Foreign Minister Jaap de Hoop Scheffer, to convene a special OSCE meeting on xenophobia and anti-Semitism in the coming months. At the same time, they agreed that the Parliamentary Assembly needs to remain actively involved and that continuing the fight against anti-Semitism must be a high priority item at the Assembly’s Annual Session. 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.

  • Trade Relations with Serbia and Montenegro

    Mr. Speaker, I rise to bring attention to this body of one provision that is in this bill that deals with extending normal trade relations to Serbia and Montenegro. When this issue was before the Committee on Ways and Means, I offered an amendment that was adopted by the committee that placed conditionality on the normal trade relations based upon cooperation by Serbia and Montenegro with the International Criminal Tribunal for the former Yugoslavia.   Mr. Speaker, it is important to move forward in our relations with Serbia, but it is also important to remember the past. There were war crimes committed in the former Yugoslavia where individuals were murdered, mass murders, dislocation of people, solely because of their ethnic background. There are individuals who is have been indicted by the war crimes tribunal that have not been turned over to the Hague. General Mladic and Karadzic were involved in mass murders of innocent people, they were lined up and murdered, and yet they still remain free, even though they are indicted. We need full cooperation with the tribunal, including the turning over of documents and the availability of witnesses.   Mr. Speaker, I am pleased that we were able to reach an understanding where the conditionality on this legislation could be removed by additional commitments made by the government of Serbia-Montenegro.   I will make part of the record a letter that I have received. I would like to quote very quickly part of that letter, where the Foreign Minister says, “I would like to assure you that there is a strong and clear political will of the authorities in Serbia and Montenegro to cooperate with International Criminal Tribunal. Obviously, the most pressing concern is the issue of the arrest and transfer to The Hague of the indicted individuals, in particular General Mladic and those indicted for the crimes at Vukovar. You may rest assure that the resolution of this issue figures high on the agenda of all office holders in Serbia and Montenegro. Furthermore, the institutions of the state union of Serbia and Montenegro, which will be formed in the coming days, will have the opportunity to further contribute to perfecting the cooperation of the ICTY in this regard.”   Mr. Speaker, I would also bring to your attention a letter I received from Secretary of State Powell, where he points out that the FY 2003 Foreign Operations Appropriations Act once again conditions U.S. assistance to the Republic of Serbia. These conditions have been useful in maintaining pressure on Belgrade to comply with its obligations to the ICTU. I can assure you that the Department of State will continue to use every available tool to achieve cooperation with the International Criminal Tribunal by the governments of Serbia and Montenegro.   Mr. Speaker, I want to thank the gentleman from New Jersey (Chairman Smith) of the Helsinki Commission, the gentleman from Maryland (Mr. Hoyer), who has been extremely helpful in this issue, the gentlewoman from New York (Mrs. Lowey) from the Committee on Appropriations, the staff at the Helsinki committee, the Coalition for International Justice, and Ambassador Prosper, who is our Ambassador at Large for War Crimes, for their cooperation in order to be able to work out further cooperation with the tribunal.   I also want to thank the gentleman from Illinois (Mr. Crane) and the gentleman from Michigan (Mr. Levin) for their patience. I know that we have been working on this for a long time, and I appreciate very much giving us the opportunity to work this out.   Congress has played a critical role on advancing human rights, whether it was Jackson-Vanik or the conditionality of foreign aid to governments to make sure that they comply with human rights issues. We have played an active role. We need to continue to play that role. I am proud of the role that this body has played in advancing human rights issues, including compliance with the International Criminal Tribunal.   Mr. Speaker, I include for the record the letter from the Minister for Foreign Affairs of Serbia and Montenegro.   Serbia and Monetenegro Minister for Foriegn Affairs   Hon. Benjamin L. Cardin  House of Representatives, Washington, DC.   Dear M. Cardin: I appreciate very much your continuing interest in the issues related to Serbia and Montenegro and its relations with the United States. I still remember fondly our last telephone conversation in which we had the opportunity to discuss these matters.   At the moment, one of the most pressing issues in this regard remains extending Normal Trade Relations Treatment (NTR) to Serbia and Montenegro, which is part of the Miscellaneous Trade and Technical Corrections Act 2003. Extending NTR treatment would provide substantial support to continuing economic reforms in my country which, in turn, would help the consolidation of our democracy.   I am fully aware of your genuine and well-intentioned concerns with regard to the cooperation of Serbia and Montenegro with the International Criminal Tribunal for the former Yugoslavia (ICTY). I would like to assure you that there is strong and clear political will of the authorities in Serbia and Montenegro to cooperate with the ICTY.   Obviously, the most pressing concern is the issue of arrest and transfer to The Hague of the indicted individuals, in particular Gen. Mladic and those indicted for the crimes in Vukovar. You may rest assured that the resolution of this issue figures high on the agenda of all office holders in Serbia and Montenegro. Furthermore, the institutions of the state union of Serbia and Montenegro, which will be formed in the coming days, will have the opportunity to further contribute to perfecting the cooperation with the ICTY in this regard.   At the same time, it should be noted that there has been a substantial progress in other aspects of our cooperation with the ICTY, i.e., in providing documents and access to witnesses. Serbia and Montenegro has provided effective assistance to the ICTY in relation to locating, interviewing and testimony of witnesses. In this respect, we have so far fully responded to almost 90% of the requests for assistance. In particular, we have provided waivers for more than 100 officials of the former government to testify about classified matters before the ICTY. These include top officials such as two former presidents of the FRY, heads of military and police security services, as well as many high-ranking military and police officers.   As regards the documents requested by the ICTY, we have presented thousands of pages of documentation, including confidential records of the Supreme Defense Council, which is the commander-in-chief of the Yugoslav Army. I would like to assure you that we are determined to cooperate even more effectively with the ICTY in relation to documents and witnesses, and most notably, with regard to the transfer of indictees. Further promotion of democracy and economic prosperity of my country would only create a more favorable climate for such cooperation. In this regard, extending NTR treatment would be a welcome signal that Serbia and Montenegro have the support of the United States and would bring tangible benefits to our economy and people.   I am confident that you will take this information into account while assessing the level of cooperation with the ICTY, and as a result support the initiative to extend NTR treatment to Serbia and Montenegro.   Sincerely,   GORAN SVILANOVIC.   NON-PAPER   Serbia and Montenegro believes that all individuals responsible for international crimes should be brought to justice, either before international courts, such as the ICTY, or before national courts. In particular, as a UN Member, Serbia and Montenegro recognizes its obligation to cooperate with the JCTY. Consequently, the FRY has adopted the Law on Co-operation with the ICTY on 11 April 2002, which regulates the legal framework for cooperation.   Fifteen indictees who were on the territory of the FRY were brought into the custody of the ICTY. The Federal Republic of Yugoslavia arrested and surrended 6 indictees, including Slobodan Milosevic, former president of the FRY and Serbia. The others are Milomir Stakic, former Chief of the Crisis Staff of Prijedor Municipality, Republika Sprska (RS), and four combatants of the RS Army: Drazen Erdemovic, Predrag Banovic, Nenad Benovic i Ranko Cesic.   At the same time, 10 indictees have been encouraged to voluntarily surrender to the ICTY and they eventually did so. These are:   1. Dragoljub Ojdanic, General, former Chief of the General Staff of the Yugoslav Army and former Federal Minister of Defence.   2. Nikola Sainovic, former Deputy-Prime Minister of the FRY.   3. Mile Mrksjc, Major-General, Yugoslav Army.   4. Pavle Strugar, Lieutenant-General, Yugoslav Army.   5. Miodrag Jokic, Vice-Admiral, Yugoslav Army.   6. Milan Martic, former Serb leader in Croatia.   7. Blagoie Simic, Head of the Bosanski Samac, RS, Crisis Staff.   8. Momcilo Gruban, Deputy Commander of the Omarska camp, RS.   9. Milan Milutinovic, former President of the Republic of Serbia.   10. Vojislav Seselj, leader of the Serbian Radical Party.   National courts have issued arrest warrants for additional 17 accused whose arrest has been sought by the ICTY. One indictee (Vlajko Stojiljkovic, former Minister of Internal Affairs of Serbia committed suicide.   Serbia and Montenegro has provided effective assistance to the Prosecutor and the ICTY with relation to locating, interviewing and testifying of suspects and witnesses. In that respect, Serbia and Montenegro has, so far, answered to 76 different requests and provided information for as many as 150 suspects and witnesses. Out of 126 witnesses for whom the waivers were requested, Serbia and Montenegro has granted 108 (86%), while others are in procedure.   In the Milosevic case, the FRY and Serbia government decided to allow more than 87 of the former and current state officials and employees to testify with relation to the Kosovo indictment, even about the matters that constitute military and state secrets.   Zoran Lilic, the former President of the FRY, has been given waiver to testify in the Milosevic case on the matters defined after consultations between the Prosecutor and the FRY and related to the events covered by the Croatia, Bosnia and Kosovo indictments.   Dobrica Cosic, former President of the FRY, as well as Nebojsa Pavkovic, former Chief of the General staff of the Yugoslav Army have also been given waiver to testify in the Milosevic case and related to the events covered by the Croatia, Bosnia and Kosovo indictments.   Regarding documents that have been sought by the ICTY Prosecutor (127), the FRY has answered, so far, to 65 requests, to 9 partially and 53 are currently processed. The documents transmitted to the Prosecution include:   Confidential military documents of the Supreme Defense Council, the Commander-in-chief of the Yugoslav Army;   Certain confidential regulations of the Yugoslav Army;   All available official records related to the Racak massacre, in relation to the Kosovo indictment against Milosevic;   All available personal information about Ratko Mladic, the former Commander of the Army;   Of Republika Srpska;   Information on all investigations and judicial proceedings initiated against members of the Serbian Ministry of Internal Affairs for crimes committed in Kosovo and Metohija;   Official records of the Yugoslav National Bank relating to a company allegedly involved in trading arms during the conflict in Bosnia and Herzegovina;   The authorities of Serbia and Montenegro have continued to investigate mass graves near Batajnica. This is done in the presence of the ICTY investigators on site, and the evidence obtained is regularly transferred to the ICTY Prosecutor.   There have been investigations and judicial proceedings before Yugoslav courts for violations of international humanitarian law:   There is a number of criminal proceedings before military courts against individuals indicted for crimes in Kosovo and Metohija in 1999. The judicial proceeding against Sasa Cvjetan and Dejan Demirovit, members of the special corps “Scorpions,” have also been initiated before the Court in Belgrade, for the crimes committed in Kosovo. In the District court in Prokuplje, Serbia, Ivan Nikolic, a reserve soldier with the Yugoslav Army, was sentenced to 8 years of imprisonment for the killing of two Kosovo-Albanian civilians.   Criminal proceeding before the Belgrade District Court are currently under way for the abduction of Bosniacs from the village of Sjeverin in 1992 (Case of Dragoljub Dragicevic and others).   In another case, Nebojsa Ranisavljevic was convicted to 15 years of imprisonment for his role in the notorious case of abduction of Muslim passengers from the train in Supci station in 1993.  

  • Condemning Anti-Semitism

    Mr. Speaker, I am pleased to introduce, along with my colleagues Rep. Cardin, Rep. Wolf, Rep. Hoyer, Rep. Lantos, Rep. Wamp, Rep. Slaughter, Rep. Aderholt and Rep. Hastings, this resolution expressing the sense of the Congress that the sharp escalation of anti-Semitism, including violence, throughout the region of the Organization for Security and Cooperation in Europe (OSCE) is of serious concern to the U.S. Congress and the American people. We should make a concerted effort in our respective countries to end this disturbing trend.   Anti-Semitism is a disease that has bedeviled previous generations of Jews throughout the centuries and formed a black spot on human history. As the 20th century witnessed the nadir of extreme violence against the Jewish community and their institutions, we must take extraordinary steps to ensure this plague does not infect the 21st century to contaminate future generations. Yet our work is cut out for us, as this past year Europe witnessed a profound increase in vandalism against Jewish cemeteries, synagogues and cultural property, as well as mob assaults, fire bombings and gunfire. This year already a Jewish rabbi was stabbed twice in his Paris synagogue by an assailant. Thankfully, he was released from the hospital the same day. Certainly our own country is not immune, as acts of vandalism and violence continue to sporadically occur. As these incidents made graphically clear, silence is not an option when we are witnesses to insensitivity and violence.   The Helsinki Commission, which I co-chair and on which Mr. Cardin serves has taken the lead in voicing concern and working for real change. On May 22, 2002, the Commission held a hearing to raise specific attention to the growing problem of anti-Semitic violence in the OSCE region. From that hearing a number of initiatives emerged. At the OSCE Parliamentary Assembly Annual Session in Berlin last July, I introduced and successfully secured unanimous approval of a resolution denouncing anti-Semitism and calling for all OSCE governments to do more. Mr. Speaker, for the record, I submit the text of the OSCE PA resolution.   In addition, the U.S. delegation co-sponsored an unprecedented special session with the German delegation to further discuss the alarming trend with our fellow parliamentarians. In December, the Commission co-hosted here in Washington a parliamentary forum on anti-Semitism with German parliamentarians, also attended by a prominent member of the Senate of Canada, Jerry Grafstein. At the conclusion of this event, myself and the German co-chair, Gert Weisskirchen, signed a letter of intent highlighting specific areas for further work and pledging to enlist the support of other parliamentarians from OSCE participating States. I have submitted a copy of the letter of intent, for the record.   Mr. Speaker, I am pleased to introduce this resolution, and I am eager for the House to go on record in support, making sure both the Congress and our government are doing everything possible to see an end to this scourge. I am especially pleased that the resolution calls for all OSCE participating States to ensure effective law enforcement and prosecution of individuals perpetrating anti-Semitic violence, as well as urging the parliaments of all participating States to take concrete legislative action at the national level. In sum, I look forward to working with my colleagues to continue our steadfast efforts to see an end to anti-Semitic violence.

  • Introduction of Resolution on Anti-Semitism and Related Violence

    Mr. President, I am pleased to sponsor Senate Concurrent Resolution 7, expressing the sense and concern of the Congress regarding the recent spike in anti-Semitic violence that occurred in many participating States of the 55-nation Organization for Security and Cooperation in Europe (OSCE). It is incumbent upon us to send a clear message that these malicious acts are a serious concern to the United States Senate and American people and that we will not be silent in the face of this disturbing trend. The anti-Semitic violence we witnessed in 2002, which stretched the width and breadth of the OSCE region, is a wake-up call that this old evil still lives today. Coupled with a resurgence of aggressive nationalism and an increase in neo-Nazi “skin head” activity, myself, and other Commissioners on the Helsinki Commission, have diligently urged the leaders of OSCE participating States to confront and combat the evil of anti-Semitism. Attacks on members of the Jewish community and their institutions have ranged from shootings, fire bombings, and physical assaults in places as different as London, Paris, Berlin and Kiev. Vandals have struck in Brussels, Marseille, Bratislava, and Athens. Anti-Semitic propaganda has been spread in Moscow, Minsk and elsewhere as hatemongers have tapped into technology, including the internet, to spread their venom. Yet while we witnessed a significant rise in violence last year in Europe, acts of vandalism have also occurred in the United States, so with encouraging our colleagues in other parliaments to act, we must be mindful that no country is immune. As OSCE participating States, all member nations, including the United States, have pledged to unequivocally condemn anti-Semitism and take effective measures to protect individuals from anti-Semitic violence. Through the OSCE, which was the first multilateral institution to speak out against anti-Semitism, all of today’s member states share in that heritage. Thankfully, many OSCE states that I mentioned have responded appropriately, vigorously investigating the perpetrators and pursuing criminal prosecution. In short, manifestations of anti-Semitism must not be tolerated, period, regardless of the source. Mr. President, as Co-Chairman of the Commission on Security and Cooperation in Europe, I can report that the OSCE Proto Ministerial Council, through the persistent efforts of the United States, addresses the phenomenon of anti-Semitism and called for the convening of a meeting specifically focused on this timely issue. I introduce this resolution to put the United States Senate on record and send an unequivocal message that anti-Semitism must be confronted, and it must be confronted now. If anti-Semitism is ignored and allowed to grow, our societies and our civilizations will suffer. As the resolution sets forth, elected and appointed leaders should meet the challenge of anti-Semitic violence through public condemnation, making clear their societies have no room for such attacks against members of the Jewish community or their institutions. Mr. President, I ask unanimous consent that the text of the resolution be included in the Record following my remarks. Thank you, Mr. President. SENATE CONCURRENT RESOLUTION 7--EXPRESSING THE SENSE OF CONGRESS THAT THE SHARP ESCALATION OF ANTI-SEMITIC VIOLENCE WITHIN MANY PARTICIPATING STATES OF THE ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPE (OSCE) IS OF PROFOUND CONCERN AND EFFORTS SHOULD BE UNDERTAKEN TO PREVENT FUTURE OCCURRENCES Mr. Campbell (for himself, Mr. Smith, and Mrs. Clinton) submitted the following concurrent resolution; which was referred to the Committee on Foreign Relations: S. Con. Res. 7 Whereas the expressions of anti-Semitism experienced throughout the region encompassing the participating States of the Organization for Security and Cooperation in Europe (OSCE) have included physical assaults, with some instances involving weapons or stones, arson of synagogues, and desecration of Jewish cultural sites, such as cemeteries and statues; Whereas vicious propaganda and violence in many OSCE States against Jews, foreigners, and others portrayed as alien have reached alarming levels, in part due to the dangerous promotion of aggressive nationalism by political figures and others; Whereas violence and other manifestations of xenophobia and discrimination can never be justified by political issues or international developments; Whereas the Copenhagen Concluding Document adopted by the OSCE in 1990 was the first international agreement to condemn anti-Semitic acts, and the OSCE participating States pledged to ``clearly and unequivocally condemn totalitarianism, racial and ethnic hatred, anti-Semitism, xenophobia, and discrimination against anyone as well as persecution on religious and ideological grounds;'' Whereas the OSCE Parliamentary Assembly at its meeting in Berlin in July 2002, unanimously adopted a resolution that, among other things, called upon participating States to ensure aggressive law enforcement by local and national authorities, including thorough investigation of anti-Semitic criminal acts, apprehension of perpetrators, initiation of appropriate criminal prosecutions, and judicial proceedings; Whereas Decision No. 6 adopted by the OSCE Ministerial Council at its Tenth Meeting held in Porto, Portugal in December 2002 (the "Porto Ministerial Declaration") condemned "the recent increase in anti-Semitic incidents in the OSCE area, recognizing the role that the existence of anti-Semitism has played throughout history as a major threat to freedom;" Whereas the Porto Ministerial Declaration also urged “the convening of separately designated human dimension events on issues addressed in this decision, including on the topics of anti-Semitism, discrimination and racism, and xenophobia;” and Whereas on December 10, 2002, at the Washington Parliamentary Forum on Confronting and Combating anti-Semitism in the OSCE Region, representatives of the United States Congress and the German Parliament agreed to denounce all forms of anti-Semitism and agreed that "anti-Semitic bigotry must have no place in our democratic societies:" Now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That it is the sense of Congress that-- (1) officials of the executive branch and Members of Congress should raise the issue of anti-Semitism in their bilateral contacts with other countries and at multilateral fora, including meetings of the Permanent Council of the Organization for Security and Cooperation in Europe (OSCE) and the Twelfth Annual Session of the OSCE Parliamentary Assembly to be convened in July 2003; (2) participating States of the OSCE should unequivocally condemn anti-Semitism (including violence against Jews and Jewish cultural sites), racial and ethnic hatred, xenophobia, and discrimination, as well as persecution on religious grounds whenever it occurs; (3) participating States of the OSCE should ensure effective law enforcement by local and national authorities to prevent and counter criminal acts stemming from anti-Semitism, xenophobia, or racial or ethnic hatred, whether directed at individuals, communities, or property, including maintaining mechanisms for the thorough investigation and prosecution of such acts; (4) participating States of the OSCE should promote the creation of educational efforts throughout the region encompassing the participating States of the OSCE to counter anti-Semitic stereotypes and attitudes among younger people, increase Holocaust awareness programs, and help identify the necessary resources to accomplish this goal; (5) legislators in all OSCE participating States should play a leading role in combating anti-Semitism and ensure that the resolution adopted at the 2002 meeting of the OSCE Parliamentary Assembly in Berlin is followed up by a series of concrete actions at the national level; and (6) the OSCE should organize a separately designated human dimension event on anti-Semitism as early as possible in 2003, consistent with the Porto Ministerial Declaration adopted by the OSCE at the Tenth Meeting of the OSCE Ministerial Council in December 2002.

  • Parliamentarians Organize to Combat Corruption

    By Marlene Kaufmann CSCE Counsel The Canadian Senate and House of Commons hosted the Global Conference of Parliamentarians against Corruption held in Ottawa, Canada October 13-16, 2002. The assembly brought together more than 150 parliamentarians from 50 countries to review strategies aimed at enhancing integrity and building capacity within individual parliaments in order to promote good governance worldwide. Participants in the conference officially launched the Global Organization of Parliamentarians Against Corruption (GOPAC). In addition to officially launching GOPAC the conference had several objectives. First, those assembled sought to develop an improved and shared understanding of how parliamentarians can be more effective in promoting accountability, transparency and participation in governance – and therefore promote integrity and combat corruption. Second, they developed a broader consensus as to how a global organization of parliamentarians can best support individual parliamentarians in becoming more effective in doing so. Participants addressed these themes through a series of three workshops focusing on: the role of the individual member of parliament, the oversight role of parliaments, and the institutional integrity of parliaments. Each of the working groups approached the challenge of promoting transparency from a particular perspective; nevertheless, some common recommendations emerged including: ensuring freedom of the media and free and open elections undertaking effective legislative oversight of the executive – particularly on budgetary matters and access to information establishing effective parliamentary officers such as auditors general combating money laundering offering public education and support for NGOs which work to build civil society. Many delegates from developing countries noted particularly the lack of accountability with respect to international institutions and called for transparency in the work of the International Monetary Fund and the World Bank. Specifically, many parliamentarians called on these international financial institutions to better inform the citizens of recipient countries about the scope and purpose of loans and projects as well as an official follow-up reporting mechanism which would rate the success of each project and provide an audit of funds. Debate in the plenary sessions revolved around the number and nature of regional groupings, and adopting a constitution for the organization which had been drafted by the Parliamentary Centre of Canada, and proposed by the organizer of the conference, John Williams, MP from Canada. Ultimately, participants organized themselves into fourteen regional groupings and elected a Board of Directors and an Executive Committee. Although a constitution was adopted at this first global conference, members felt that several key provisions needed to be addressed and agreed to propose constitutional changes to be considered at the next Conference, scheduled for 2004. In the interim, the Parliamentary Centre of Canada serves as the GOPAC secretariat. National and regional chapters will look to the Centre for information sharing, providing research on best practices and liaison with other international organizations. 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.

  • Commission Surveys Bush Administration's Policy Toward the OSCE

    By Orest Deychakiwsky & Janice Helwig CSCE Staff Advisors The United States Helsinki Commission held a hearing October 10, 2002 to examine U.S. policy toward the 55-nation Organization for Security and Cooperation in Europe (OSCE). The hearing reviewed the United States’ goals and longstanding human rights concerns in the OSCE region and how the Vienna-based organization can serve as a forum to advance those goals and address human rights violations. In his opening statement, Commission Chairman Senator Ben Nighthorse Campbell (R-CO) affirmed the importance of the relationship between the Helsinki Commission and the Department of State. He also declared the Commission’s ongoing interest in how the Administration uses the OSCE to effectively promote U.S. interests in the OSCE region. Chairman Campbell stressed that to be effective in our policy goals, “the various components of the U.S. foreign policy apparatus – the State Department, U.S. embassies in the field and the U.S. Mission to the OSCE – must be mutually reinforcing.” Chairman Campbell addressed corruption and organized crime as major impediments to democratization efforts in the OSCE region and cited specific recent developments in Georgia, Belarus and Ukraine as warranting monitoring by the United States. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) began his opening statement by arguing that “without a doubt the events of this past year have only underscored the importance of protecting human rights, and developing democratic institutions and the rule of law.” He spoke out against those leaders, particularly in Central Asia, that use the fight against terrorism to crack down on political opposition, religious groups, and others accused of being extremist. Rather, allowing citizens to express their religious, political or ethnic views helps prevent the rise of dissent and disillusionment that terrorists can use to garner support. “The United States must demonstrate in word and deed that this country has not abandoned human rights for the sake of the fight against global terrorism,” Smith concluded. “We need to reassure the world that it is just the opposite: human rights are more important than ever.” Smith drew particular attention to the issue of human trafficking as an increasing problem in “virtually all OSCE states.” Commissioner Ranking Member Rep. Steny Hoyer (D-MD), in his opening statement, argued that the OSCE has been an effective body for working on human rights issues. He cited the Central Asian countries as some of the most egregious human rights violators in the OSCE region and noted that raising human rights issues in these countries may be more difficult now as they are needed allies in the global struggle against terrorism. Hoyer pointed out that the U.S. must also uphold its own domestic commitments under the OSCE commitments and concluded by saying that in the future he hopes the OSCE will continue to hold participating States accountable for failures to meet their commitments under the Helsinki Final Act. Commissioner Senator George V. Voinovich (R-OH), in his opening remarks, spoke of the alarming rise of anti-Semitism in the OSCE region and raised possible steps to combat this trend. He commended the role of OSCE monitoring missions in promoting fair elections in Kosovo and Macedonia, while also calling for continued vigilance in addressing the problems of “organized crime, corruption and trafficking in human beings, arms and drugs.” A. Elizabeth Jones, Assistant Secretary of State of European and Eurasian Affairs, enumerated the ways in which the U.S. is using the OSCE as an instrument in the global struggle against terrorism. In her testimony, Jones said, “To ensure continuing OSCE attention to combating terrorism, we have proposed establishing an annual security review conference to assess progress and to review OSCE activities in the security dimension.” She noted that the OSCE’s monitoring missions play a valuable role in bringing security and stability to the OSCE region. Changing focus, Jones maintained that the core of U.S. policy toward the OSCE would continue to be in the field of human rights. She highlighted the important role of the various OSCE monitoring missions in publicizing human rights abuses and bringing the issues to the attention of the international community. Jones continued, “unless respect for fundamental rights and freedoms strengthens in Central Asian states, we can look forward to a bleak future.” Assistant Secretary Jones singled out Belarus as a particular area of concern due to its recent “policy of gutting the OSCE mission there by refusing to renew visas” while also noting that “the Lukashenka regime has continued to perpetrate massive human rights abuses.” Jones also outlined the State Department’s efforts to determine the details of President Kuchma’s authorization of the sale of advanced radar equipment to Iraq and outlined possible actions against the Ukrainian president. Lorne W. Craner, Assistant Secretary of State for Democracy, Human Rights and Labor and the Helsinki Commission’s Executive Branch Commissioner testified that the State Department had allocated “a substantial portion of the Human Rights and Democracy Fund...for hard-hitting democracy and human rights programs in numerous OSCE countries.” Craner noted that the countries of the former Soviet Union have posed the greatest challenges to the OSCE. He specifically cited Russia and its continued justification of aggression in Chechnya as part of the war on terrorism. Craner concluded by noting the progress in some of the Central Asian countries in meeting international norms on human rights, fundamental freedoms and elections. However, he also delineated several instances of corruption, repression and intimidation throughout the various Central Asian states, instances that have hindered the full realization of these norms. The second panel of witnesses began with a statement by Catherine A. Fitzpatrick, CIS Program Director, International League for Human Rights, who discussed her views on OSCE shortcomings and what can be done to address them. She argued that without binding treaties, without troops, without clout and capital, there are still two very great levers that the OSCE has.” Fitzpatrick specifically cited the OSCE’s validation of human rights victims’ concerns through “publicity of human rights reporting” and “withholding legitimacy and approval through its response to elections.” She continued with several proposals for using these levers coupled with “nuts and bolts human rights monitoring.” Among her specific recommendations were: requiring the OSCE to publicize its reports; suggesting that the OSCE’s missions advocate more forcefully on human rights at the ground level; beginning a very concerted campaign against torture; and decreasing funding for election training and observation. Elizabeth Anderson, Executive Director (DC) of the Europe and Central Asia Division of Human Rights Watch suggested two ways to strengthen the OSCE. First, she advocated the bolstering of human dimension activities by increasing the public reporting of the OSCE missions and improving the “implementation of recommendations” made to the OSCE by their missions and monitoring teams. Second, Anderson said the “integration of the human dimension with the other aspects of the organization’s work also needs to be strengthened.” She also noted the importance of coordination between the OSCE and other multilateral bodies, particularly international financial institutions. The final witness, Robert Templar, Asia Program Director of the International Crisis Group, noted with regard to Central Asia, the OSCE has struggled to do meaningful human rights work in countries which have “little interest in opening up their political and economic systems.” He also cited low staffing, low budgeting and lack of long-term strategy as hindering the OSCE’s work in the region. He suggested that the OSCE increase activities in the economic and security dimension, such as police and border service training, to show Central Asian states that the OSCE is not simply a human rights and democracy promoting organization that has little interest in their respective countries’ security or economic success. Templar advocated the creation of OSCE projects to tackle cross-dimensional issues and to work in conjunction with present undertakings in human rights and democracy. Finally, he advocated more comprehensive training for OSCE mission staff, not just in Central Asia, but rather in all OSCE missions. 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. United States Helsinki Commission intern David P. Vandenberg contributed to this article.

  • U.S. Policy Toward the OSCE - 2003

    The purpose of this hearing was to examine U.S. policy toward the 55-nation Organization for Security and Cooperation in Europe (OSCE). The Commission hearing focused on how the Administration has been using the OSCE to promote U.S. interests in the expansive OSCE region, particularly as a tool for advancing democracy. In addition the hearing touched on the anticipated OSCE Human Dimension Implementation Review. In light of the September 11th terrorist attacks, the hearing discussed the link between state repression and violence and the role of building democracy  in U.S. national security interest. The witnesses and Commissioners discussed how the Helsinki Accords is based on mutual monitoring, not mutual evasion of difficult problems and how this concept can be effective tool for the U.S. foreign policy apparatus. In particular, the hearing covered situations in Central Asia and in authoritarian countries within the OSCE that are not putting forth meaningful reform.

  • Parliamentary Forum Launches Process to Confront Anti-Semitism

    By Donald B. Kursch, CSCE Senior Advisor The United States Helsinki Commission hosted an inter-Parliamentary Forum December 10, 2002 on Confronting and Combating anti-Semitism in the OSCE Region. The meeting, held in conjunction with the observance of International Human Rights Day, strengthened the partnership between members of the U.S. and German delegations which began earlier this year in Berlin during the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA). This process was launched in response to shared U.S. and German concerns with the upsurge in anti-Semitism in many parts of the 55-nation OSCE region and is designed to encourage parliaments to take decisive actions to counter this disturbing trend. A letter of intent outlining concrete steps to be pursued was signed at the conclusion of the Forum. Chairing the meeting jointly were Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and German Bundestag Member Professor Gert Weisskirchen of the Social Democratic Party (SPD) Group. Helsinki Commission Members Rep. Benjamin L. Cardin (D-MD) and Rep. Alcee L. Hastings (D-FL) also participated, with Rep. Joseph Crowley (D-NY) in attendance. Other German Bundestag participants were Dietmar Nietan of the SPD and Markus Löning of the Liberal Party (FDP). Senator Jerahmiel Grafstein (Liberal Party) of the Senate of Canada also took part in the Forum. In his opening statement, Rep. Smith, who led the U.S. Delegation to Berlin, reaffirmed the principles that were set out in a U.S.-sponsored resolution from the Berlin OSCE PA meeting that anti-Semitism must have no place in the 21st century and that parliaments should “take concrete steps to make this vision a reality.” He expressed the hope that representatives of other parliaments from the OSCE participating States would join this process. Prof. Weisskirchen defined anti-Semitism as a unique kind of racism. He stressed that the threat of ethnic hatred is an affront to the principles of democracy. Weisskirchen suggested that programs with long-term goals would be most effective at combating anti-Semitism and that focusing “on the education, both formal and informal, and on the media and on religion” are vital parts of a preventive strategy. Rep. Cardin spoke to two points raised in the letter of intent. The first was the importance of education as a tool of erasing ignorance and promoting tolerance. The second was the establishment of a “coalition of the willing” to address the rise of anti-Semitic propaganda in the OSCE’s Mediterranean Partners for Cooperation, including Egypt. He proposed a parliamentary dialogue with these countries to deal with this problem. Rep. Hastings noted that in his home state of Florida a 1400 percent increase in anti-Semitism occurred this past year and that much of this increase was attributed to people under 21 years of age. Mr. Nietan spoke from the perspective of a member of the younger generation of parliamentarians in the German Bundestag. Like his colleagues, he emphasized youth education as a crucial step in fighting discrimination. Mr. Löning emphasized two points: the need for instilling respect for other peoples, especially minorities, and creating the ability to “deal with the identity of others on an open and fair basis.” Senator Grafstein noted a disturbing increase in anti-Semitic incidents in Canada pointing out that there had been four arson attacks on synagogues during the past year, a number greater than at any time in his country’s history. He underscored his strong support for complementary parliamentary initiatives process and his determination to have the Canadian Parliament adopt a resolution he has introduced condemning anti-Semitism. Three European and three American expert witnesses shared their views and recommendations with the parliamentarians. The first witness was Juliane Danker-Wetzel from the Center for Research on Anti-Semitism of the Technical University in Berlin. She tied the rise of anti-Semitic acts in the European Union states to the recent conflict in the Middle East. Danker-Wetzel pointed to the Internet as an important conduit for disseminating anti-Semitic propaganda. She then highlighted how the Arab-Israeli conflict and criticism of Israel is often linked to anti-Semitic attitudes. Ken Jacobson, Associate National Director of the Anti Defamation League began by suggesting the OSCE as an “ideal forum for meaningful action.” He noted a rise in the incidences of hate propaganda, citing the “big lie” which holds that Jews were responsible for the terrorist attacks of September 11, 2001. He concluded with ten recommendations for fighting the virus of anti-Semitism, including increased anti-Israel bias and Holocaust awareness education programs, improved monitoring instruments and training for law enforcement and military personnel. Jacobson also recommended that the 60th anniversary of the Warsaw Ghetto uprising in April 2003 be utilized for a special meeting to stress Holocaust education. Dr. Hanno Loewy, Founder of the Fritz Bauer Institute in Frankfurt, argued that the most serious threat of anti-Semitism in Europe derives from the conflicts and discontent that exist in a post-colonial world. He cited as evidence, the large immigrant populations in Europe, who brought with them anti-Semitic beliefs. Loewy recommended that European countries establish legal structures regarding education, tax collection and access to public funds for Europeans of Islamic faith comparable to those that Christians and Jews already have. Ambassador Alfred Moses, former President of the American Jewish Committee, asserted that modern manifestations of hatred towards Jews are rooted in a tradition of anti-Semitism that has plagued Europe for centuries. He argued that anti-Semitism must be defined more broadly than a “purely political phenomenon.” As such, he recommended that the United States and Germany use their influence in organizations such as the OSCE, NATO and the EU to raise anti-Semitism as a top priority to be addressed at the highest levels. Rabbi Israel Singer, President of the World Jewish Congress, highlighted the problem of cynicism and indifference on issues of anti-Semitism by legislators. He deplored how Holocaust restitution efforts were used by some Europeans to justify anti-Semitic attitudes, an increased tendency by European politicians to use anti-Semitic nuances to appeal to certain constituencies, and the lack of balance in the positions of certain international institutions, such as the World Council of Churches, to developments in the Middle East. The final panelist, Dr. Arkadi Vaksberg, Deputy Head of the Moscow PEN Center, recommended that a uniform legal structure be established across Europe and Russia for dealing with issues of human rights. He supported a clear and concrete definition of anti-Semitic acts, as well as creating an international commission to monitor and fight global anti-Semitism on a global basis. Rep. Smith and Prof. Weisskirchen, concluded the Forum by signing a “Letter of Intent” that affirms a commitment to work together closely to fight anti-Semitism and encourage their colleagues in the U.S. Congress, German Bundestag, and in the parliamentary legislative bodies of other OSCE participating States, to adopt an action plan of concrete measures to counter anti-Semitic actions and attitudes. Recommended measures include: the adoption of parliamentary resolutions condemning anti-Semitism; the swift, forceful and public denunciation by parliamentarians of anti-Semitic acts; the enactment and vigorous enforcement of appropriate criminal legislation to punish anti-Semitic actions; the promotion of educational efforts among younger persons to counter anti-Semitic stereotypes; and the creation of an OSCE Parliamentary Assembly-based “coalition of the willing” among OSCE parliamentarians to address anti-Semitic propaganda that appears to be increasing rapidly in a number of countries designated as OSCE Mediterranean Partners for Cooperation. The signatories pledged to meet again in conjunction with the February 2003 Winter Session of the OSCE Parliamentary Assembly in Vienna to evaluate progress, seek active support from other parliamentarians and determine how the July 2003 Annual Session of the OSCE Parliamentary Assembly to be held in Rotterdam can be best utilized to combat anti-Semitism. 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.

  • Parliamentary Forum: Combating Anti-Semitism in the OSCE Region

    This briefing, which Commissioner Christopher Smith (NJ – 04) presided over, was a follow-up to an earlier Commission conference in Berlin, which focused on the rising tide of anti-Semitic violence and, subsequently, catalyzed so much of what the Commission had been doing on the issue of rising anti-Semitism. The conference in Berlin took place in July of 2001. The “Parliamentary Forum: Combating Anti-Semitism in the OSCE Region” briefing was held on International Human Rights Day, and was part of an ongoing effort by the Commission to address anti-Semitic violence, more specifically necessitated by vandalism against Jewish cemeteries, synagogues, cultural property, mob assaults, firebombing, and gunfire. Witnesses and participants of the briefing included members of the German Bundestag.

  • U.S. Delegation Pursues Broad Agenda at Berlin Parliamentary Assembly Session

    By Chadwick R. Gore CSCE Staff Advisor The United States delegation to the 11th Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in (OSCE PA) hosted by the German Bundestag in Berlin, July 6-10, 2002, contributed to the work of the meeting through the introduction of measures on topics ranging from anti-Semitic violence in the OSCE region to developments in Southeastern Europe and the deteriorating situation in Belarus. Attended by nearly 300 parliamentarians from over 50 countries, the OSCE PA unanimously adopted the Berlin Declaration on the political, economic and the human rights aspects of the central theme of the Session: “Confronting Terrorism: a Global Challenge in the 21st Century.” The U.S. Delegation was headed by Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) with Commissioner Senator George V. Voinovich (R-OH) serving as Vice Chairman. Other Commissioners participating were Ranking Member Rep. Steny H. Hoyer (D-MD), Rep. Benjamin L. Cardin (D-MD), OSCE PA Vice President Rep. Alcee L. Hastings (D-FL), Rep. Robert B. Aderholt (R-AL), and Rep. Joseph R. Pitts (R-PA). Other delegates from the House of Representatives were Rep. Joseph M. Hoeffel (D-PA), Rep. Janice D. Schakowsky (D-IL), Rep. Thomas G. Tancredo (R-CO), and Rep. Jo Ann Davis (R-VA). Although OSCE PA President Adrian Severin attempted to register and seat a Belarus Delegation with “provisional” badges, following a raucous debate the Assembly denied seating members of the National Assembly. The debate expressed continued concern from many parliamentarians about the severe irregularities in Belarus’ 2000 parliamentary elections. Commissioners Smith, Hoyer and Cardin took an active part in the debate. Mr. Severin’s motion was defeated in a close vote. The matter is expected to be revisited at the Assembly’s Winter Session scheduled to be held in Vienna in February 20-21, 2003. The opening ceremonies included addresses by OSCE PA President Adrian Severin, President of the German Bundestag Wolfgang Thierse, Chancellor of the Federal Republic of Germany Gerhard Schröder and the Chairman-in-Office of the OSCE Foreign Minister of Portugal Antonio Martins da Cruz. Mr. da Cruz responded to questions from the floor, a procedure that has become the norm for the OSCE PA annual sessions. Several senior OSCE Officials, including the OSCE Secretary General, Ján Kubiš, the High Commissioner on National Minorities, Rolf Ekéus, and the Representative on Freedom of the Media, Freimut Duve, also briefed the parliamentarians. During the various sessions, delegates heard from such notables as Minister of Defense Mr. Rudolf Scharping, Minister of Economy Dr. Mr. Werner Müller, and Minister of Foreign Affairs Mr. Joseph Fischer. The 2002 OSCE PA Prize for Journalism and Democracy was shared between Austrian TV-journalist Friedrich Orter and Belarusian TV-journalist Pavel Sheremet. The prize is awarded by the Assembly to journalists who, through their work, “have promoted OSCE principles on human rights, democracy and the unimpeded flow of information.” This represents the seventh annual prize. The PA reported that “Dr. Orter has promoted OSCE Principles on human rights and democracy through his comprehensive and impartial reporting in the Balkans and lately in Afghanistan. Mr. Sheremet has shown admirable courage in his independent and reliable reporting on the lack of free expression in Belarus and on violations of human rights, including disappearances of opposition politicians and journalists.” The U.S. delegation had a private meeting with the OSCE Chairman-in-Office Antonio Martins da Cruz. Matters discussed included the field operations, the developing memorandum of understanding with the PA and the OSCE response to terrorism. The delegation also had a private meeting with the delegation from the Russian Federation. Members of the U.S. delegation played a leading role in debate in each of the Assembly’s three General Committees: Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. In addition to U.S. amendments to the committee resolutions, several free-standing resolutions were adopted that were sponsored by members of the U.S. delegation concerning critical topics. They included: “Anti-Semitic Violence in the OSCE Region” and “Roma Education” by delegation Chairman Mr. Smith; “Human Rights and the War on Terrorism” by Smith and co-sponsor Dragoljub Micunovic of Yugoslavia; “Southeast Europe” by delegation Vice Chairman Senator Voinovich; and, “Belarus” by Mr. Hoyer. Other free-standing Supplementary Items were adopted on “Moldova,” “Combating Trafficking in Human Beings,” “The Impact of Terrorism on Women,” and “The Prohibition on the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and their Destruction.” A Supplementary Item on “Peace in the Middle East: the protection of the Holy Basin of Jerusalem” was tabled pending consultations among interested parties. Mr. Cardin was a key negotiator in the effort to table the draft item. The resolution condemning the increasing rate of anti-Semitism throughout the OSCE region called upon the participating States to make vigorous public statements against anti-Semitism and to ensure aggressive law enforcement and thorough investigation of anti-Semitic acts. As further emphasis on this matter, the United States and the host German Parliament co-sponsored a seminar on anti-Semitism in the OSCE. (See Digest, Volume 35, no. 15, August 6, 2002, “Berlin Forum Highlights Disturbing Rise in Anti-Semitism”) Addressing the discrimination faced by Roma, the U.S. resolution focused on the concerns of under-education and inadequate schools. All OSCE States were called upon to rectify these problems and to eradicate segregated schools and the mis-diagnosis of Romani children which erroneously assigns them to “special schools” for those with mental disabilities. Expressing concern about states which compromise human rights in the struggle against terrorism, the “War on Terrorism” resolution called on States to adhere to the rule of law, avoiding xenophobic reactions against Muslims since the attacks of September 11, 2001. The language addressing past developments in Southeast Europe commended the ongoing presence and constructive work of the OSCE and called upon the OSCE to lead in the fight against organized crime, corruption and trafficking in human beings, narcotics and arms. The resolution also encouraged the use of regional mechanisms, especially the Stability Pact. The Assembly adopted the resolution expressing concern about the state of democracy and the rule of law in Belarus, restrictions on basic freedoms and harassment of political opposition, media and religious minorities. The Government of Belarus was called upon to live up to its OSCE obligations, cease the human rights abuses, and cooperate with the OSCE and its institutions. Mr. Hoyer reported to the Assembly on the activities of the Ad Hoc Committee on Transparency and Accountability which he chaired. The committee developed guidelines on the relationship between the Parliamentary Assembly and the Vienna-based, 55-nation OSCE. On July 10, the final day of the Session, the Assembly elected Mr. Bruce George, MP (United Kingdom) as its new president for a one-year term, succeeding Mr. Severin who has served the Assembly for the past two years. Mr. George, Chairman of the British House of Commons Defense Committee, has been an active member of the OSCE Parliamentary Assembly since its first gathering in Budapest in 1992. Recently a Vice-President of the Assembly, he has served the Assembly as Rapporteur and Chair of the General Committee on Political Affairs and Security and as Vice-Chairman and chaired the Assemblýs Working Group on the Rules of Procedure. Other Officers elected at the Berlin Session: Vice Presidents: Ms. Barbara Haering (Switzerland), Mr. Ihor Ostash (Ukraine), Mr. Gert Weisskirchen (Germany); General Committee on Political Affairs and Security: Chair: Mr. Goran Lennmarker (Sweden), Vice-Chair: Mr Panyiotis Kammenos (Greece), Rapporteur: Mr. Clifford Lincoln (Canada); General Committee on Economic Affairs, Science, Technology and Environment: Chair: Mr. Oleg Bilorus (Ukraine), Vice-Chair: Ms Monika Griefahn (Germany), Rapporteur: Mr. Leonid Ivanchenko (Russia); General Committee on Democracy, Human Rights and Humanitarian Questions: Chair: Mrs Elena Mizulina (Russia), Vice-Chair: Mr. Svend Robinson (Canada), Rapporteur: Ms. Nebahat Albayrak (Netherlands). German Minister of Foreign Affairs Joschka Fischer addressed the Berlin Session. As an indicator of the evolution of the OSCE, Fischer said, “The OSCE has ceased to be a conference of governments a long time ago and has become an international organization which deeply penetrates our societies. Where governments come upon their limits, parliaments can often act with greater independence. During the ten years the OSCE Parliamentary Assembly has existed it has shown how important impulses and support can be given to the work of the Organization ... The Parliamentary Assembly has at its disposal a political potential which should be further utilized in the Organization.” 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.

  • Prospects for Change in Turkey

    Mr. Speaker, I wish to extend my congratulations to the people of Turkey for their elections held on November 3. Witnessing the peaceful change of government is a change that is significant for both Turkey's citizens and for their neighborhood. Many of Turkey's neighbors need to see that such a transfer of power is possible, for the people of these countries have for too long suffered under the illusion that they must live with their repressive regimes that maintain power through undemocratic means.   It is also important to keep in mind that the Turks, seen by some as a model for the countries of Central Asia, are not new kids on the block--former President Demirel was an original signer of the 1975 Helsinki Final Act. As Co-Chairman of the Commission on Security and Cooperation in Europe (the Helsinki Commission), I have followed closely the developments in Turkey . With a particularly keen interest in the protection of human rights which has such an impact on the lives of individual men, women and children, I continue to be concerned about the ongoing use of torture, violations of religious freedom and threats to civil society.   Through the ballot box, the Justice and Development Party, known as the AKP, received 34.3 percent of the vote, giving them a clear majority of 363 seats in the 550-seat Turkish Grand National Assembly. This entitles the AKP, led by former Istanbul Mayor Recep Tayyip Erdogan, to govern without sharing political power. He will not be without challenges to his authority though.   On November 8, the anniversary of the death of the Turkish reformer Kemal Ataturk, General Hilmi, Ozkok issued a statement vowing "to protect the republic against all types of threats, especially fundamentalism and separatist activities,'' reiterating strongly the military's view of itself as the historical guarantor of Turkey's secular system. Mr. Speaker, while the transition appears peaceful, it is not without its strains and stresses, even with the potential of the military stepping in like it has done repeatedly in the past. We can only hope that is not the outcome of this transition.   As an original participating State of the Organization for Security and Cooperation in Europe (OSCE), Turkey has accepted a broad range of human rights obligations. As head of the U.S. delegation to the OSCE Parliamentary Assembly, I have worked with my parliamentary colleagues from Turkey to encourage protection for these commitments. With a new government not obligated to continue the ways of the old, there is a welcome opportunity for such initiatives to be undertaken.   There are a few specific matters that I urge the incoming government to address without delay. Four Kurdish members of the Grand National Assembly have been in prison since March 1994. I call upon the new government to free Layla Zana, Hatip Dicle, Orhan Dogan, and Selim Sadak and remove the trumped-up charges from their records. They were convicted for, among other things, speaking their mother tongue in and out of the parliament building. As Mr. Erdogan himself has said, such convictions should not stand.   Also, past efforts to return the hundreds of thousands of internally displaced Kurds to their homes in southeastern Turkey have proven ineffectual. The government should take concrete steps to ensure that refugees are allowed to return to their own homes in safety and dignity, which may well require the clearing of land mines and repairing of villages.   Mr. Speaker, without reciting the lengthy list of Turkey's human rights violations, including the use of torture, it is fair to say that Turkey's record of implementation of OSCE human dimension commitments remains poor. While progress has been made, the authority of police officials must be checked by the rule of law. All claims of torture must be seriously investigated, no matter where the investigation leads. It is important that anyone who commits torture--especially police, the security forces or other agents of the state--must be taken to court and tried for high crimes. The Forensic Medical Association should be allowed to carry out its professional responsibilities and act without fear in its attempts to document torture. Victims of torture should be paid due recompense by the state.   I am very concerned about the continuing difficulty no-governmental organizations face throughout Turkey, particularly the Human Rights Foundation of Turkey. The Human Rights Foundation exists in an uncertain environment, with arbitrary shutdowns and having its officials harassed, intimidated or arrested. Property has been seized and not returned.   Religious freedom in Turkey, whether for Muslims or other religious communities, had suffered from heavy-handed government involvement and control. The government allows Turkish Muslims to only attend state-approved mosques, listen to state-funded Imams, and receive religious education from state-funded schools. The Directorate of Religious Affairs, which regulates all of Turkey's 75,000 mosques and employs Imams, has been criticized for only promoting Sunni branch of Islam. I would encourage the new government to bring to a close its regulation of all religious institutions.   The wearing of headscarves has also been regarded as quite controversial since it is seen as a religious totem in a secular state. Women who choose this expression of religious conviction are denied the ability to attend state-run universities and work in public building, including schools and hospitals. The public sharing of religious belief in Turkey with the intent to persuade the listener to another point of view is severely curbed for both Muslims and Christians. A number of evangelical Protestant groups throughout Turkey have reported being targeted because of their religious free speech, which contradicts OSCE commitments on religious liberty and freedom of expression.   Turkey's Office of Foundations has contributed its own difficulties for faith communities, as it has closed and seized properties of "official'' minority religious groups and unrecognized faith communities. Several religious groups, most notably the Armenian Apostolic and Greek Orthodox churches report difficulties, particularly on the local level, in repairing and maintaining existing buildings or purchasing new buildings. The continued closure of the Orthodox seminary on Halki Island remains a concern.   Furthermore, religious groups not considered "official minorities'' under the Lausanne Treaty are provided no legal route to purchase or rent buildings to meet, and are thereby forced to hold meetings in private apartments. In response, provincial governorships, after receiving a letter from the Ministry of Internal Affairs last year, have initiated efforts to close these meeting places, leaving the smaller Protestant communities without any options. The lack of official recognition is an insurmountable hurdle for minority religious groups wishing to practice their faith as a community.   Turkey is at a critical crossroads. I am hopeful that the new government will take this opportunity to move forward, and craft policies which are consistent with OSCE commitments and protective of all peoples living in Turkey.

  • Human Rights and Inhuman Treatment

    As part of an effort to enhance its review of implementation of OSCE human dimension commitments, the OSCE Permanent Council decided on July 9, 1998 (PC DEC/241) to restructure the Human Dimension Implementation Meetings periodically held in Warsaw. In connection with this decision - which cut Human Dimension Implementation Meetings from three to two weeks - it was decided to convene annually three informal supplementary Human Dimension Meetings (SHDMs) in the framework of the Permanent Council. On March 27, 2000, 27 of the 57 participating States met in Vienna for the OSCE's fourth SHDM, which focused on human rights and inhuman treatment. They were joined by representatives of OSCE institutions or field presence; the Council of Europe; the United Nations Development Program;  the United Nations High Commissioner for Refugees;  the International Committee of the Red Cross; and representatives from approximately 50 non-governmental organizations.

  • U.S. Policy Toward the OSCE - 2002

    The purpose of this hearing was to examine U.S. policy toward the 55-nation Organization for Security and Cooperation in Europe (OSCE). The Commission hearing focused on how the Administration has been using the OSCE to promote U.S. interests in the OSCE region, particularly as a tool for advancing democracy. The witnesses and Commissioners discussed how the Helsinki Accords is based on mutual monitoring, not mutual evasion of difficult problems and how this concept can be an effective tool for the U.S. foreign policy apparatus. In particular, the hearing covered situations in Central Asia where corruption threatens the development of democratic institutions.

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