Hastings and Wicker Call for Free and Fair Elections, Anti-Corruption Action, and Protection of Human Rights in KyrgyzstanTuesday, October 27, 2020
WASHINGTON—In response to the tumultuous change of power in Kyrgyzstan, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Kyrgyzstan should ensure that changes to its electoral system adhere to the rule of law, are transparent, and allow for input from civil society. Its citizens, many of whom took to the streets in protest over allegations of vote buying and corruption during the annulled October 4 parliamentary election, should have confidence that the system is fair and that new elections are conducted properly and reflect the will of the people. “For the country to move forward, authorities should seriously address endemic corruption and protect private businesses and foreign investment. We are also disturbed by reports of pressure and harassment directed toward political opposition, human rights activists, and journalists. We urge Kyrgyzstan to ensure that human rights are protected during this difficult time, including the rights of persons belonging to ethnic minorities. “We believe that the Organization for Security and Cooperation in Europe could play an instrumental role in assisting Kyrgyzstan with any electoral or constitutional changes, as well as preparations for and observation of new elections. It also could support the role of civil society and independent media. Kyrgyzstan should take full advantage of this possibility.” What started as a popular revolt by youth and opposition groups over fraudulent elections on October 4 and endemic corruption resulted in the resignation of President Jeenbekov and the installation of Sadyr Japarov as both Kyrgyzstan’s acting president and prime minister. OSCE election observers concluded that the October 4 parliamentary election “was competitive and candidates could, in general, conduct their activities freely” but “credible allegations of vote buying remain a serious concern” and “a number of controversial CEC decisions raised questions about its impartiality.” The country will hold both new parliamentary and new presidential elections. Presidential elections have been scheduled for January 10, but the timing for parliamentary elections remains unclear. Parliament has already made some changes to the electoral code and is discussing further reform. Japarov announced that he would step down as president in December to allow him to run for president and thereby get around a constitutional provision that bans the acting president from doing so.
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A Transatlantic Plan for Racial Equity and JusticeThursday, October 22, 2020
From the United States to Germany, and Canada to Poland, the killing of George Floyd by a white Minnesota police officer has galvanized a transatlantic movement for human rights and social justice. Activists have managed to sustain their cumulative mobilization in honor of countless lives, most recently in outcries following the September grand jury acquittal of officers involved in the killing of Breonna Taylor, who had been sleeping when they broke down her door with a battering ram to execute a no-knock warrant. Most Western countries have not seen mobilization on this scale or of this scope in several decades, yet organizations, businesses, and institutions continue to debate how best to meaningfully respond. Demands for action have been innumerable, yet national responses have been limited and, in many cases, insufficient in scope to secure and stabilize communities. This is a moment for nations and alliances to consider their responsibilities in the underlying systems that have yielded inequitable outcomes and less security for the most marginalized than for their better-off peers. On Sept. 22, the U.S. Congress and the European Parliament convened a joint meeting and advanced toward a transatlantic response to systemic racism. The United States and other Western democracies are grappling with their shared inheritance of persistent practices that date back to when race-based discrimination was enshrined in laws—when Black people were legally and morally deemed to be no more than expendable property. The cumulative weight of generations of such treatment — in culture, in politics, and in the economic system — has led to radically unequal and inequitable societies and set the stage for international protests against racial inequality and injustice. The November 2020 elections in the United States will have a substantial impact on the ability of democratic countries to address their failure to ensure the same rights, protections, and opportunities for all their populations because of enduring institutional and systemic racism. If the discriminatory impacts of colonialism and the transatlantic slave trade endure in the systemic treatment of impacted populations, only meaningful multilateral and transatlantic engagement that empowers the descendants of the colonized and enslaved will meet the demands of demonstrators pouring into streets across the globe. The next U.S. presidential administration should seek national and international political commitments by its allies, alliances, and international organizations, coupled with investment commensurate with the insidious scope of the hate we seek to overcome. The Need for a Transatlantic Response World War II brought about global carnage that demanded sophisticated international cooperation towards economic recovery. The Economic Recovery Act of 1948, proposed by U.S. Secretary of State George Marshall and passed by the U.S. Congress, resulted in more than $13 billion invested in the reconstruction of Europe. This investment was critical in Europe’s recovery, in cementing ties between Western democracies, and in obstructing the westward spread of Communism. This moment again calls for a similarly substantial investment in the reconstruction of economies, but this time the economic objective is genuinely transatlantic and the scourge that must be confronted is one with deep historic roots. The COVID-19 pandemic may have accelerated the inevitability of such a policy. As the coronavirus lays waste to economies on both sides of the Atlantic, it exacerbates the inequities of systemic racism. Research has shown that socially disadvantaged communities, including those impacted by systemic racism, are more susceptible and vulnerable to the consequences of the pandemic. National responses to the pandemic have already outweighed the scale of the Marshall Plan, yet sufficient attention has not been given to how this moment can be seized to rebuild our societies and economies with inclusive policies that make our communities more resilient, even as they make them more equitable. Now is the time for the United States to forge transatlantic agreements with the United Kingdom and the European Union, to address racism at the scope and scale of the historic Marshall Plan. What Would a Transatlantic Plan to Address Racism Look Like? Over the last decade, the United States has established a range of bilateral agreements in the Western Hemisphere to advance social inclusion for racial and ethnic equality. Joint action plans and memoranda of understanding with Brazil, Colombia, and Uruguay have fostered everything from academic exchanges with Historically Black Colleges and Universities (HBCUs) to public- and private-sector solutions for racial health disparities, access to education, and equal access to the justice system. Why don’t similar agreements exist to advance these objectives in a transatlantic context? Members of Congress and parliamentarians in Europe have advocated for just that since the 2009 Black European Summit at the European Parliament and in subsequent transatlantic exchanges. A joint declaration last month from members of the European Parliament and the U.S. Congress emphasized the role of the recently established European Union (EU) Commission Anti-Racism Coordinator to facilitate the adoption of national action plans for EU Member States and the United States. Such national action plans, due by 2022, would reinforce a much-needed EU-U.S. Joint Action Plan on Racial and Ethnic Equality and Inclusion that could be negotiated by the next U.S. presidential administration. Momentum is building for multilateral and bilateral agreements, to draw from and build on the global racial justice movement. Potential opportunities are already before us. A future U.S.-U.K. Free Trade Agreement following Brexit, for example, should include incentives for economic empowerment of British and American communities marginalized by systemic racism. The British Parliament and the U.S. Congress should be required, as part of any such agreement, to conduct regular equality impact assessments for populations affected by said agreement. Both legislative chambers could turn to relevant legislation. They could be guided by relevant U.K. legislation, such as the Equality Act 2010, in order to provide metrics against which any such agreement could be measured. In addition to annual metrics, however, both nations also should measure the realization of long-term goals to empower and uplift marginalized communities. In terms of opportunities within the EU, the European Commission’s Action Plan on Racism released at the end of September should incorporate multilateral considerations. The plan calls for a robust role for public-private partnerships of EU Institutions and member States with civil society in convening a summit against racism in Spring 2021. The summit would produce a commitment to develop joint action plans with the United States, the United Kingdom, and other nations implicated in the enduring legacy of colonialism and the transatlantic slave trade. Notably, the plan also calls for a consistent approach to collecting data on equality, which has long been a contentious issue among EU member States since World War II. Throughout much of the 20th century, many European nations argued against disaggregated ethnic data collection for fear it would be used by ethnic majorities to enact hateful policies. Marginalized groups, however, have advocated for such data collection for decades to inform policy and determine benefits that could rectify the legacy of colonialism and the transatlantic slave trade. Without such data, there are few means to disabuse electorates in Europe of false narratives and assumptions about the role and history of ethnic and racial minorities in Europe. The new plan must navigate this historical context and catalyze more investment in the impact of the EU Agency for Fundamental Rights (FRA). This should include any efforts to implement the related demands of the European Parliament. Any exploration of new trade negotiations between the United States and the European Union should include measures to empower minority and women-owned small and medium-sized enterprises and economic incentives intended to dismantle institutional racism. Inequities Highlighted by the Coronavirus Global protests for racial justice were no doubt intensified by the systemic inequities revealed and compounded by the coronavirus. At the same time, the pandemic has precipitated governmental reinvestment in national economies, demonstrating that governments can indeed execute large-scale strategies to improve and safeguard their democracies when the political will exists. It should be evident in our bilateral and multilateral agreements that anything less than full inclusion for all inhabitants of our nations results in vulnerabilities that leave us all less secure. Given the shared history of slavery, racism, institutional prejudice, and systemic inequity across the Atlantic, it follows that we should seize this moment to begin to conceive of transnational mechanisms to address the sordid legacy of grave social injustice, and deploy our economic resources and capacities to healing a wound that is now centuries old. (Editor’s note: Readers also might be interested in Just Security’s series Racing National Security.)
OSCE representatives, community leaders share urgent proposals to combat discriminatory police violenceMonday, October 12, 2020
On October 6, 2020, the OSCE Office of the High Commissioner on National Minorities, in cooperation with the Helsinki Commission, convened “Policing in Diverse Societies: Principles and Good Practices.” The webinar, which provided an opportunity to exchange knowledge, challenges and best practices, attracted over 100 attendees including practitioners, parliamentarians, and other representatives of the OSCE participating States. Christophe Kamp, officer-in-charge of the OSCE High Commissioner on National Minorities, opened the online event, one of several taking place ahead of next year’s 15th anniversary of the 2006 Recommendations on Policing in Multi-Ethnic Societies. Participants assessed the continued relevance and operational applicability of these guiding principles, as well as how best to further their scope. Senator Ben Cardin, Helsinki Commission Ranking Member and OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, highlighted relevant legislation that has been introduced in the U.S. and focused on law enforcement reform as a way forward following protests over discriminatory, aggressive policing. “From Russia to Canada, our country is not alone in confronting issues of discriminatory policing and racial justice in the region,” he noted. “Working together with the High Commissioner’s office and other OSCE institutions, we can strengthen efforts to ensure that racial justice and the protection of human rights for all as enshrined in the Helsinki Final Act.” Ambassador Lamberto Zannier, a high-level expert for the OSCE Parliamentary Assembly and former OSCE High Commissioner on National Minorities, underscored the role of police violence in interethnic conflict and instability in societies. He discussed protests that erupted across the OSCE region following the tragic death of George Floyd and how aspects of the OSCE, such as its Police Matters and Tolerance and Non-discrimination units, could be instrumental in reducing conflict in the region. Other speakers included Hilary O. Shelton of the NAACP, who emphasized the urgent need to implement cultural sensitivity and awareness training for police forces. He said this training could decrease discrimination, combat stereotypes, and foster relationships between law enforcement and communities. Anina Ciuciu, community organizer of Collective #EcolePourTous, highlighted the need for structural changes in France to address police violence and brutality and noted continuing incidents between police and Romani communities. She shared that on average, minorities are “20 times more likely to be checked by police, and three times more likely to be brutalized by police.” Nick Glynn, senior program officer with Open Society Foundation and a former UK police officer, called for increased diversity in law enforcement, an expansion of community policing and demilitarization of police to address the multifaceted problem. Ronald Davis of the Black National Organization of Black Law Enforcement Executives cited the need for systematic changes in law enforcement, including changes in police culture. Alex Johnson, U.S. Helsinki Commission Chief of Staff, moderated the discussion and detailed the history of law enforcement in the U.S. “The policing system from a perspective of personnel and practice should reflect the diversity of their societies, be it linguistic, ethnic, racial, religious, or any other identity,” he concluded.
Statement at the OSCE Event "Policing in Diverse Societies: Principles and Good Practices"Tuesday, October 06, 2020
In the past months, we have seen a rise in anti-racism protests and movements across the globe. However, there is nothing recent about the roots of systemic racism that were planted in our societies centuries ago. Through targeted and conscious action in the United States and throughout the OSCE region, this racism can be removed, root and branch. Addressing racism has long been a focus of my work as Special Representative on Anti-Semitism, Racism, and Intolerance for the OSCE Parliamentary Assembly and as a U.S. Senator in the leadership of the U.S. Helsinki Commission, simply because when we advance racial justice and civil rights, we strengthen the foundations upon which our democracies were established. It is for this reason, that the U.S. Helsinki Commission has joined forces with the High Commissioner on National Minorities’ Office to hold today’s event following several hearings and other initiatives the Commission has advanced on international racial justice and human rights at home following the tragic death of George Floyd. I am pleased that Hilary Shelton of the NAACP is also with us today to discuss the work of civil society in addressing this problem. In the past I have said, “before they first put on a badge, a police officer takes an oath to uphold the law. Most do so with the best intentions and carry out their duties with a willingness to help communities. But in far too many communities around the country, the system in which they work has been failing. People are dying at the hands of police, predominantly people of color. Accountability has been tied to public videos rather than doing the right thing.” Black lives matter and we must do better to protect the civil rights, human rights, and lives of men, women, and children of our country and throughout the OSCE region. My state of Maryland has had numerous protests in response to the tragic police killing of George Floyd, Freddie Gray, Breonna Taylor, and other African-American members of our community. In response, I have called for a federal civil rights investigation into the killing of George Floyd, and some years ago introduced the End Racial and Religious Profiling Act (ERRPA) and the Law Enforcement Trust and Integrity Act (LETIA). I co-sponsored the Justice in Policing Act in the Senate, which would combat police misconduct, excessive force, and racial bias in policing. The Justice in Policing Act legislation included my ERRPA and LETIA legislation, which has passed the House but has stalled in the Senate. I have been proud to work with my House and Senate colleagues on this and other legislation that requires enhanced profiling data collection for our Justice Department; conditions State and local law enforcement funds on combating profiling, and requires performance-based standards to ensure that instances of misconduct will be minimized through training and oversight. Other important provisions included in the Justice in Policing Act will save lives. The bill bans choke holds by federal authorities and conditions federal law enforcement funds for State and local governments on the adoption of choke hold bans. It also bans no-knock warrants in federal drug cases to address the tragic circumstances that led to the death of Breonna Taylor and others. Importantly, this legislation also calls for steps critical to demilitarizing our police forces. I have repeatedly said we are a civilian society; not a military state--and we must encourage more professionalism, consistent with changing our police officers' mentality from a warrior mindset into a guardian mindset. This means limiting the transfer of military-grade equipment to State and local law enforcement and requiring Federal uniformed police officers to wear body cameras. Finally, the legislation holds police accountable in courts and gives better tools to the Department of Justice and State attorneys general to investigate and prosecute police misconduct. In 2016, the Department of Justice concluded that the Baltimore Police Department had targeted African-American residents for disproportionate and disparate treatment and that this widespread pattern and practice was illegal and unconstitutional. The U.S. District Court for the District of Maryland is now overseeing a complete overhaul of the Baltimore Police Department, which began in 2017. We have made progress since the tragic death of Freddie Gray in Baltimore in 2015, but recent events indicate we have so much more work to do. These are examples of legislative and legal aims that could serve as a guide across the globe. I welcome today’s event as an opportunity to consider these and other practices that can improve law enforcement and its relations with our communities. I have seen the extraordinary difference it can make when public leaders acknowledge past injustices, work to heal and repair the past, and build safe and inclusive societies. I have seen how empowering communities to reimagine public safety in an equitable and just way can transform our societies. Mark Duggan in the UK, Adama Traore in France, Oury Jalloh in Germany are just some of the Black and minority European lives that have been lost to police killings over the past two decades whose names have been recalled in recent protests. While Roma populations continue to be the victims of unwarranted police raids and excessive use of force sometimes resulting in death. From Russia to Canada, our country is not alone in confronting issues of discriminatory policing and racial injustice in the region. Working together with the High Commissioner’s office and other OSCE institutions, we can strengthen efforts to ensure racial justice and the protection of human rights for all as enshrined in the Helsinki Final Act.
WHY SOCIAL INCLUSION IN FOREIGN POLICY MATTERSMonday, October 05, 2020
By Nida Ansari, 2019 State Department Detailee / Policy Advisor The U.S. National Security Strategy articulates “a strong and free Europe to advance American prosperity and security; the promotion of universal values, democracy, and human rights where they are threatened; and opposition to Russian aggression and disinformation” as a key U.S. foreign policy goal for Europe. However, the transatlantic partnership between the United States and Europe, grounded in the U.S.-led post-World War II order based on alliances with like-minded democratic countries and a shared commitment to free markets and an open international trading system, recently has been tested, in part due to a declining faith in democratic institutions. According to a 2020 Pew Research study, in 11 of the 57 countries that make up the region of the Organization for Security and Cooperation in Europe (OSCE), approximately half of those surveyed are dissatisfied with the way democracy in their countries is functioning, regardless of whether the economies are advanced or emerging. Italy, Greece, and the United States report some of the highest levels of dissatisfaction. In Europe, such dissatisfaction—particularly in nations that have traditionally been U.S. allies—can be attributed in part to internal domestic challenges including economic decline, the rise of antiestablishment political parties, the weakening of the rule of law, increased migration, and heightened security concerns. To renew confidence in the shared values that underpin the transatlantic partnership, the United States needs to bolster initiatives that restore faith in democratic institutions. Efforts should focus on the future generation of emerging leaders to foster sustainable western democracies and preserve the transatlantic partnership. Social inclusion initiatives can play a key role in sustaining western democracies and the transatlantic partnership in the face of growing domestic and international challenges. Why Integrate Social Inclusion into U.S. Foreign Policy toward Europe? According to the most recent Eurostat data, 22.4 percent of the EU population—including women, young people, people with disabilities, and migrants—are at risk of social exclusion, defined as the lack of fundamental resources, as well as the inability to fully participate in one’s own society. Social exclusion has historically particularly inhibited young people from being better equipped with the capacity, tools, and innovative solutions to effectively participate in democratic life, and have equal access to resources to take part in social and civic engagement. To take action to directly address historic inequities impacting youth, emerging leaders were called upon during the sixth cycle of the European Union (EU) Youth Dialogue to lay out a path for inclusive policymaking. Following a Council of the European Union Resolution in November 2018, the EU Youth Strategy 2019-2027 introduced eleven European Youth Goals, among them quality employment for all, inclusive societies, and space and participation for all. The Eurostat data indicates the critical need to empower young and diverse populations with the knowledge, tools, opportunity, and access to fully participate in democracies. Additionally, amid signs of weakening democratic institutions and rapid demographic change, emerging leaders from diverse backgrounds are uniquely positioned to address underlying societal tensions and develop strategies for understanding and addressing causes of exclusion. When youth and diverse populations are unable to fully participate in economic, social, political, cultural and civic life, disparities in labor market participation, employment opportunities and uneven political and civic participation increase. However, given the capacity to organize, express their views, and play a constructive and meaningful role in decision making processes, emerging leaders are more likely to demand and defend democracy institutions. Engaging young and diverse leaders therefore is essential to secure the future of transatlantic relations and can only help inform the U.S. strategy on confronting deeper trends effectively. Inclusive leadership has never been more relevant. The notion of what leadership looks like has changed and grown more complex and diverse in the 21st century. In order to uphold core democratic values and transatlantic relations, there needs to be a redesign and rethinking of transatlantic engagements with this complexity in mind in the domain of foreign policy and diplomacy. As U.S. and European democracies move towards more inclusive societies, both sides need to capture the pulse of young and diverse populations who have been socially and economically underrepresented and bring their voices to the table. Operationalizing Social Inclusion within U.S. Diplomacy To deepen diplomatic engagements with regional counterparts, the State Department would benefit from adding a new resource to the diplomatic toolkit: institutionalizing a sustainable, ongoing social inclusion unit for Europe, similar to the Race, Ethnicity, and Social Inclusion Unit that currently exists in the State Department’s Western Hemisphere Bureau, to increase the level of participation of populations who have historically been excluded from participating in the democratic process. The unit would incubate social inclusion initiatives and assist various regional and functional bureaus to meet these efforts. European youth leaders have expressed interest in increasing their mobilizing efforts; however, they often have insufficient access to inclusive networks and need guidance on implementation. Therefore, this unit would convene youth leaders to collaborate on community-based initiatives and ideas being pursued around the world, share best practices with U.S. practitioners on inclusive measures and strategies to address regional imbalances on both sides of the Atlantic. Programs that the State Department has conducted with the Helsinki Commission, such as the Transatlantic Inclusion Leaders Network administered by the German Marshall Fund of the United States and the recently launched On the Road to Inclusion, have shown enormous promise in identifying young and diverse political and civil society leaders committed to strengthening their democracies, including through civic education and social inclusion initiatives. Such programs have enjoyed bipartisan support in the U.S. and Europe and should be strengthened as part of an overall initiative to instill strategic U.S. policies and programming that ensure the spread and sustainability of democratic principles on both sides of the Atlantic.
Ranking Member Sen. Cardin to Join OSCE Event on Policing in Diverse SocietiesThursday, October 01, 2020
WASHINGTON—On October 6, 2020, Helsinki Commission Ranking Member Sen. Ben Cardin (MD) will join the office of the OSCE High Commissioner on National Minorities for an online event to discuss the principles of policing in diverse societies, as well as challenges and best practices among OSCE participating States. POLICING IN DIVERSE SOCIETIES Principles and Good Practices Tuesday, October 6, 2020 9:30 a.m. – 12:00 p.m. EDT / 3:30 p.m. – 6:00 p.m. CEST Watch Live: https://www.youtube.com/watch?v=D3mDc6TDQo8 Sen. Cardin, who also serves as the OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance, will offer opening remarks at the event. Other speakers include: Christophe Kamp, OSCE High Commissioner on National Minorities, Officer in Charge Hilary Shelton, Director of the National Association for the Advancement of Colored People (NAACP) Washington Bureau, Senior Vice President for Advocacy and Policy The event follows more than a decade of racial justice efforts by the U.S. Helsinki Commission, including a bicameral letter sent to the President of the European Commission in July 2020 led by Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Helsinki Commissioner Rep. Gwen Moore (WI-04). The letter, which also was signed by Sen. Cardin; Helsinki Commissioners Sen. Jeanne Shaheen (NH), Rep. Emanuel Cleaver (MO-05), and Rep. Marc Veasey (TX-33); and 35 other Members of Congress, called for a sweeping plan of action following the European Parliament’s Juneteenth Day resolution.
Helsinki Commissioners, Other Members of Congress Join European Parliament for Transatlantic Discussion on Racism and DiscriminationMonday, September 21, 2020
WASHINGTON—On September 22, 2020, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20), other Helsinki Commissioners, and select members of Congress will join members of the European Parliament’s Civil Liberties Committee and Subcommittee on Human Rights to discuss combating racism and systemic discrimination on both sides of the Atlantic. RACIAL EQUITY, EQUALITY, AND JUSTICE Reinforcing U.S.-EU Parliamentary Coordination to Combat Racism and Systemic Discrimination Tuesday, September 22, 2020 10:45 a.m. – 12:45 p.m. EDT / 4:45 p.m. – 6:45 p.m. CEST Watch Live: https://multimedia.europarl.europa.eu/en/droi-libe-joint-meeting_20200922-1645-COMMITTEE-DROI-LIBE_vd During the meeting, European Commissioner for Equality Helena Dalli will present the new EU Anti-Racism Action Plan. Other invited speakers include: Rep. Alcee L. Hastings, Chair, U.S. Helsinki Commission Rep. Steny Hoyer, House Majority Leader Rep. Gwen Moore, U.S. Helsinki Commission Rep. Karen Bass, Chair, Congressional Black Caucus Rep. Joe Wilson, Co-Chair, Congressional European Union Caucus and Ranking Member, U.S. Helsinki Commission Rep. Gregory Meeks, Co-Chair, Congressional European Union Caucus Rep. William Keating, Chair, Subcommittee on Europe, Eurasia, Energy and the Environment Rep. Adam Kinzinger, Ranking Member, Subcommittee on Europe, Eurasia, Energy and the Environment Rep. Jim Costa, Chair, U.S. Delegation, Transatlantic Legislators Dialogue Pap Ndiaye, French historian Hilary Shelton, Director, National Association for the Advancement of Colored People’s (NAACP) Washington Bureau Following the meeting, participants expect to issue a joint declaration on transatlantic collaboration to address racism and systemic discrimination, including the establishment of a forum for a regular exchange of views between elected representatives and stakeholders on both sides of the Atlantic. The joint meeting follows more than a decade of racial justice efforts by the U.S. Helsinki Commission, including a bicameral letter sent to the President of the European Commission in July 2020 led by Chairman Hastings and Helsinki Commissioner Rep. Gwen Moore (WI-04). The letter, which also was signed by Helsinki Commission Ranking Member Sen. Ben Cardin (MD), who serves as the OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance; Helsinki Commissioners Sen. Jeanne Shaheen (NH), Rep. Emanuel Cleaver (MO-05), and Rep. Marc Veasey (TX-33); and 35 other Members of Congress, called for a sweeping plan of action following the European Parliament’s Juneteenth Day resolution.
Albanian Prime Minister Edi Rama to Appear at Helsinki Commission HearingWednesday, September 09, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: ALBANIA’S CHAIRMANSHIP OF THE OSCE Responding to the Multiple Challenges of 2020 Thursday, September 17, 2020 1:00 p.m. Watch Live: www.youtube.com/HelsinkiCommission In 2020, Albania holds the chairmanship of the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—with a multi-dimensional mandate and a 57-country membership stretching from North America, across Europe, and to Central Asia and Mongolia. This year, the OSCE has faced the unprecedented challenge of a global pandemic and the clear urgency of action against racism, while maintaining its necessary focus on other longtime concerns often impacted by these developments. These concerns include Russia’s continued aggression in Ukraine and threats to other nearby or neighboring countries; protracted conflicts in Transnistria, Georgia, and Nagorno-Karabakh; and political leaders in Belarus as well as in Russia, Azerbaijan, Turkey, and other OSCE countries seeking to undermine democratic institutions and stifle dissent in every sector. Many countries are struggling—or failing—to live up to their OSCE commitments in the areas of human rights, democracy, and the rule of law. Vulnerable communities, including migrants, are targets of discrimination and violence. Uncertainties in the Western Balkans and Central Asia remain. The recent decision of some countries to block reappointments of senior officers at key OSCE institutions undermines the organization at a time when effective contributions to security and cooperation across the region are so deeply needed. The Helsinki Commission regularly holds a hearing allowing the annually rotating OSCE chairmanship to present its priorities for the year and to exchange views on current issues. Albanian Prime Minister Edi Rama, who holds his country’s foreign affairs portfolio, will appear at this hearing to discuss the performance of the OSCE thus far in 2020 and to share his views in advance of the OSCE Ministerial Council meeting scheduled for early December.
The Shared Experiences of African-American and Roma CommunitiesThursday, August 06, 2020
By Erick Boone, Max Kampelman Fellow While the OSCE participating States have committed to promoting tolerance and protecting the rights of diverse communities, the most ardent advocacy often is done by individuals who are members of those groups. Their activism often leads to changes that benefit not only the disenfranchised but also society at large. The United States has a rich history of demonstrating for civil rights and social recognition. The 20th century alone saw the birth of a multitude of social movements, including the civil rights movement organized by the African-American community to end racial discrimination and secure equal rights under the law. African-Americans have faced centuries of injustice in the forms of slavery, segregation, brutality, and discrimination. The racial hierarchy in the U.S. was bolstered by legislation that either ignored discrimination or condoned it. Still, African-Americans resisted subjugation, leading boycotts, protests, and sit-ins. They formed alliances that brought attention to issues and created civil society organizations that pushed for change. Community leaders also campaigned for elected office to change the system from within. Their efforts led to reforms in law that protected the rights of African-Americans throughout the United States. Thanks to the contributions of activists, extraordinary social progress was made. The fight for social equality continues to this day. In the United States, a new generation of activists contribute to the struggle. Yet, the fight against injustice is transnational—on the other side of the Atlantic, another group whose historical experiences share striking similarities with those of the African-American community is also engaged in a struggle for civil rights. The Roma Community Roma, the largest ethnic minority group in Europe, migrated from Northern India nearly 1000 years ago. Romani communities’ migration would eventually bring them to Europe, arriving first in Southeastern Europe and then Western Europe. Given the vast geographic spread of the Roma, the various European societies in which they settled differed greatly. The ways in which those societies responded to Romani settlement also differed. The one constant, however, was the mistreatment of Romani communities. For example, in what is present-day Romania, the local rulers as well as members of the monastery and aristocracy forced the Roma into slavery during the 14th century. Romani people worked as servants for the church and the state, with little more than the right to life. Romani men and women were made to work as domestic servants, blacksmiths, ironmongers, and a host of other professions. Roma slaves were seen as property that could be punished or sold as their masters saw fit. After nearly 400 years, Romania finally outlawed slavery in 1855. In other parts of Europe, Roma faced discrimination driven by beliefs of their racial inferiority. When the Nazi party took power in Germany, they turned their sights on addressing the so-called “Gypsy problem.” This began with discriminatory laws that targeted the Roma and ended with the systematic slaughter of Romani men, women, and children throughout Europe. An estimated 200,000 to 500,000 Roma were murdered during the Holocaust, representing 25 percent of the continent’s Roma population. Today, Roma still face stark inequalities. The European Commission launched infringement proceedings against the Czech Republic in 2014, Slovakia in 2015, and Hungary in 2016 for discriminating against Roma in their educational systems. In all three countries, Roma are channeled into almost completely separate schools and classrooms—with disturbing parallels to the segregation African-Americans faced for decades. A Cause for Collaboration Comparisons between the struggles of African-Americans and the Roma are not new. Romanian activists first drew parallels in the 19th century when Uncle Tom’s Cabin, a book depicting the harsh realities of slavery in the United States, was translated into Romanian. Its criticism of slavery helped energize the campaign to abolish slavery in Romania. This shared historical experience, along with several others, is the basis on which many African-American and Roma activists form modern partnerships. These partnerships have expanded thanks to the efforts of both individuals and organizations. For example, in 1995 in the town of Szentendre, Hungary, former U.S. civil rights activist Michael Simmons organized what would come to be known as the Szentendre Exchange. African-American Veterans of the U.S. civil rights movement met with Romani activists to discuss their efforts to further civil rights in their respective communities. Each group was invited to share stories of victories, challenges, and the methods that were the most successful. In 2018, Harvard’s Center for Health and Human Rights hosted a similar event for its annual celebration of International Roma Day. The event featured a panel discussion titled, “Alone Together: Strength and Solidarity between the Roma and African-American Communities.” Margareta Matache, leading Roma rights activist, and Cornel West, renowned political philosopher, served as speakers on the panel. The two noted that with increased solidarity and cooperation, African-American and Roma advocates can learn from one another and achieve greater change. Ivan Ivanov, the executive director of the European Roma Information Office, also cites the U.S. civil rights movement as an inspiration for his work. Ivanov, who studied international human rights law at Columbia University, heads an organization that focuses on anti-discrimination policies in the fields of education, employment, healthcare and housing. The OSCE has facilitated dialogue through its Office of Democratic Institutions and Human Rights (ODIHR). Larry Olomoefe, former ODIHR Adviser on Combating Racism and Xenophobia, has worked with Roma to advance their rights and lead workshops on civil disobedience and political activism. Olomoefe notes that a component of these seminars entails teaching the history of protests like those led by Dr. Martin Luther King, Jr. and determining how it relates to the issues the Roma face today. Helsinki Commission efforts build on this history of exchange and collaboration. Helsinki Commission staff invited Soraya Post and Romeo Franz, two Roma Members of the European Parliament (MEPs), to participate in congressional events on Roma and meet with U.S. government officials and civil society. This included meeting with members of the U.S. Congressional Black Caucus and a visit to Howard University in Washington, D.C. The two learned of the role that Howard University and other Historically Black Colleges and Universities (HBCUs) have had in supporting African-Americans’ struggle for civil rights. Progress The campaign for greater civil protections for Roma has seen moderate success due in large part to the work of the European Roma Rights Centre (ERRC), a strategic law organization comprised of human rights lawyers and activists inspired by the NAACP’s legal victories during the U.S. civil rights movement. The ERRC enjoyed a major victory in 2007 when the European Court of Human Rights ruled against the Czech Republic for its practice of placing Romani children in separate classrooms under the guise of special education. Dubbed “Europe’s Brown v. Board of Education” after the seminal court ruling that outlawed de jure segregation in the United States, the “Ostrava Case” outlawed this form of school segregation and paved the way for future desegregation cases. The ERRC has achieved similar success in cases involving illegal deportations of Roma, disparities in access to clean water, and police brutality. The Helsinki Commission has supported Roma and minority rights since its inception. It has advocated for the recognition of the enslavement and genocide of Roma. Helsinki Commissioners have also spoken out against the systemic inequities that many Romani communities still face. Helsinki Commission Chair Rep. Alcee L. Hastings (FL-20), the commission’s first African-American chair, has frequently highlighted the importance of International Roma Day and, along with other Helsinki Commission leaders, in 2019 introduced a resolution celebrating the contributions of Romani Americans. Challenges Despite these victories, Roma continue to face discrimination and prejudice. A 2015 study found that an average of one out of five Europeans would feel “completely uncomfortable” working with a Roma colleague. In some countries that number rose to 50 percent. Still, promoting tolerance can only be achieved through a concerted effort. Although government support is necessary to create substantive change, it is not enough. The most successful campaigns for social change occur when governmental institutions form meaningful partnerships with civil society organizations. The grassroots organizations that found success during civil rights movements were bolstered by progressive legislation and generous funding from the private and public sector. Similar partnerships can be formed to support the work of not only the organizations that focus on Roma issues but also those who seek to collaborate. The history of African-American and Roma collaboration suggests that there are possibly shared solutions to be gained out of a shared experience.
Chairman Hastings Marks Roma Genocide Remembrance DayFriday, July 31, 2020
WASHINGTON—Ahead of Roma Genocide Remembrance Day on August 2, Helsinki Commission Chairman Alcee L. Hastings (FL-20) issued the following statement: “As we mourn the mass murder of up to 5,000 Romani people in the so-called ‘Gypsy Family Camp’ at Auschwitz-Birkenau in 1944, I urge all OSCE participating States to remember the genocide of Roma and to acknowledge the impact this genocide continues to have on Romani communities. “Earlier this year, Roma were among the victims of the deadly terrorist attack in Hanau, Germany, where nine people were murdered. That heinous tragedy underscores the urgency with which we must counter racism, anti-Semitism, anti-Muslim bigotry, and xenophobia today. The fight against the grave threat of violent extremism and racism is far from being won. “I commend the U.S. Holocaust Memorial Museum for its support of scholarship on the genocide of Roma, its role as a repository of critical archives, and as a guardian for the remembrance of the Holocaust and the all the victims of the Nazi regime.” The Helsinki Commission has supported the inclusion of Romani voices in research and remembrance, such as the appointment of Dr. Ethel Brooks to the U.S. Holocaust Memorial Museum Council; acknowledgment and remembrance of the genocide of Roma, such the Berlin Memorial; archival access for survivors, their families, and scholars, including the Bad Arolsen archives; and proper preservation of and memorialization of sensitive sites of remembrance, such as the Lety Concentration Camp site. In 2019, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), Rep. Steve Watkins (KS-02), and Sen. Ben Cardin (MD) introduced resolutions in the U.S. House of Representatives (H.Res.292) and the U.S. Senate (S.Res.141) celebrating Romani American heritage. In addition to recognizing and celebrating Romani American heritage and International Roma Day, the resolutions commemorated the 75th anniversary of the destruction of the so-called “Gypsy Family Camp” at Auschwitz.
Human Rights at Home: Values Made VisibleWednesday, July 29, 2020
Statues, monuments, memorials, and museums—and the events and people they represent—may become societal or even interstate flashpoints. They also have the potential to help heal wounds, educate the public, and inform policymaking as leaders seek to address historic wrongs, bridge divisions, and build a shared future. As the debate over U.S. statues and memorials intensified, the Helsinki Commission convened a hearing on "Values Made Visible" to examine what the United States conveys to the world through its public monuments and memorials and how acknowledgment of the past can encourage restitution, reparations, and restorative justice. Commissioner Rep. Gwen Moore (WI- 04) chaired the hearing. Testimony was received from Kevin Gover, Acting Undersecretary for Museums and Culture for the Smithsonian Institution, the world's largest museum, education, and research complex; Princess Maria-Esmeralda of Belgium; former OSCE Secretary General and High Commissioner on National Minorities Lamberto Zannier; and former Vice Mayor of Charlottesville Dr. Wes Bellamy. Rep. Moore observed that the Helsinki Commission has frequently encouraged other OSCE participating States to address difficult chapters of their histories, and called out those who propagate revisionism, distort the past for contemporary political purposes, stoke grievances against their neighbors, or persecute civil society, scholars, or journalists who write about uncomfortable truths. The Helsinki Commission also has supported the preservation of sensitive sites of remembrance, including Auschwitz; supported access to archives; and encouraged governmental and public officials’ efforts to acknowledge past wrongs and heal societal divisions. Rep. Moore concluded that the United States must make our values more visible in the public places administered on behalf of the American people. Undersecretary Gover used four prominent, albeit controversial, sculptures at the Alexander Hamilton U.S. Customs House, an historic building in Manhattan that is part of the Smithsonian Institution, as the references points for his remarks. Like many other monuments across the U.S. landscape, if they serve as "a provocation for meaningful public conversation and reckoning, they have value. In the absence of such a conversation, they are mere monuments to White supremacy and should not remain." “In the late 19th and early 20th century, one of the most successful gaslighting operations in world history was taking place with the invention of the mythical ‘lost cause’ to explain the Civil War. The monuments were part of that but it was really quite a comprehensive propaganda operation. . . It feels like these young people today were taught something different, or at least that they didn't buy that old narrative. And so they're going to lead us into a new and better place with regard to our public spaces." —Acting Undersecretary Kevin Gover. Previously, as Assistant Secretary for Indian Affairs in the United States Department of the Interior, Mr. Gover issued an apology to Native American people on behalf of the Bureau of Indian Affairs for the historical conduct of the bureau. Princess Esmeralda noted that the brutal murder of George Floyd has compelled an acknowledgment of institutionalized racism stemming from colonialism and slave trade. "In the wake of the homicide of George Floyd, statues started to be unbolted and removed… Unbolting the statues of Leopold II was part of a desire to expunge a past written with partiality by the colonizer," she said. Princess Esmeralda also noted that King Phillippe of Belgium sent a letter to President Felix Tshisekedi of the Democratic Republic of Congo, expressing his deep regrets for the acts of violence and atrocities. The letter was preceded by a vote in the Belgian Parliament agreeing to establish a truth and reconciliation commission, which will also include opening some previously closed archives. Ambassador Zannier discussed the potential for differing historical narratives to create internal friction within a state as well as friction between states. He also observed that nations rely heavily on historical interpretation to create a common sense of purpose and belonging. "The situation changes when societies are diverse, and when a symbol, or a monument, with the name of the street becomes provocative for part of the population,” he said. Ambassador Zannier also underscored the importance of key OSCE principles regarding the promotion of human rights, the fight against discrimination and racism, and protection of minority rights. He encouraged the OSCE Parliamentary Assembly to engage on these issues. Dr. Bellamy, who led the effort to remove statues of Robert E. Lee and Stonewall Jackson from his city’s parks, underscored the historic context for the erection of many of the statues glorifying the Confederacy, such as those erected in Charlottesville in 1924. He argued that the messages communicated through those statues will not be changed until such statues are removed and reflected in the allocation of public resources. Related Information Witness Biographies Human Rights at Home Safe, Inclusive, and Equitable Societies Briefing: Truth, Reconciliation, and Healing OSCE High Commissioner on National Minorities: Contested Historical Legacies in Public Spaces OSCE High Commissioner on National Minorities: Open Letter on Symbols in Public Spaces
Societal Impact of Public Monuments and Memorials to Be Discussed at Helsinki Commission HearingMonday, July 27, 2020
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: HUMAN RIGHTS AT HOME Values Made Visible Wednesday, July 29, 2020 10:00 a.m. Watch Live: www.youtube.com/HelsinkiCommission Statues, monuments, memorials, and museums—and the events and people they represent—may become societal or even interstate flashpoints. They also have the potential to help heal wounds, educate the public, and inform policymaking as leaders seek to address historic wrongs, bridge divisions, and build a shared future. As the debate over U.S. statues and memorials intensifies, witnesses at this online hearing will examine what the United States conveys to the world through its public monuments and memorials and discuss how acknowledgment of the past can encourage restitution, reparations, and restorative justice. The following witnesses are scheduled to testify: Ambassador Lamberto Zannier, former OSCE Secretary General and High Commissioner on National Minorities H.R.H. Maria-Esmeralda of Belgium, journalist and documentary filmmaker Kevin Gover, Acting Under Secretary for Museums and Culture, Smithsonian Institution Dr. Wes Bellamy, author and former Vice-Mayor of Charlottesville, VA Since its establishment, the Helsinki Commission has championed historical justice throughout the OSCE region. Commissioners have called on public officials to reject Holocaust denial, and acknowledge the Soviet-created famine in Ukraine, genocides in Armenia and Bosnia, and the massacre at Katyn Forest. The commission also has supported the preservation of sensitive sites of remembrance, including Auschwitz, and supported access to archives. Commissioners have defended the freedom of academics, civil society representatives, and journalists persecuted for telling uncomfortable truths about the past. The commission has supported governments’ and public officials’ efforts to acknowledge past wrongs and heal societal divisions.
Chairman Hastings, Rep. Meeks Issue Statement on Foreign Affairs Funding for Diversity and Global Anti-Racism ProgramsFriday, July 24, 2020
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Rep. Gregory W. Meeks (NY-05) today issued the following joint statement regarding the language in the Fiscal Year 2021 State, Foreign Operations, and Related Programs (SFOPS) appropriations bill that supports efforts to foster diversity and inclusion in international affairs and provide protections for minority and indigenous populations abroad: “Our success in securing more funding and reporting requirements to diversify America’s diplomatic workforce and combat global racism is bittersweet, as this will be the first time that Congressman John Lewis’ signature will be absent as we finalize the process of securing these important steps in the House appropriations process. We urge Senate appropriators to support these efforts as the Senate moves forward on its bill. “John was the conscience of Congress, a champion of human rights not just here in the United States, but globally wherever there was intolerance and bigotry. For close to a decade we have fought alongside John to make sure the SFOPs appropriations bill reflected the importance of that mission, including working to ensure that the workforces of our State Department and USAID reflects to the world the diversity of our nation. We worked with John to direct that the State Department create and increase initiatives that promote racial equality and combat discrimination, including in the Western Hemisphere where the U.S. should be working more diligently to protect minorities and indigenous populations that are severely at risk, and in Western Europe where George Floyd protests have highlighted racial profiling and ongoing racial disparities with roots in colonialism and the transatlantic slave trade. “As John’s good friend Dr. King famously said, ‘injustice anywhere is a threat to justice everywhere.’ As the House prepares for floor consideration of the House SFOPs bill, we thank House Appropriators for recognizing the importance of the funding and directives that we have requested. We are proud to have worked with John now and over the years for additional funding for our international efforts to correct racial injustice worldwide. He continues to be a driving force as we honor his legacy with our ongoing focus to realize these efforts.” Measures in the SFOPS appropriations bill championed by Congressmen Lewis, Hastings, and Meeks that will come to the House floor for votes this week include: $2 million to support international academic and professional and cultural exchanges through partnerships with historically black colleges and universities (HBCUs). Promoting stable democracies in the Western Hemisphere by implementing joint action plans between the United States and Colombia and Brazil to support racial and ethnic equality, and expanding the Western Hemisphere’s Race, Ethnicity, and Social Inclusion Unit’s programming to other regions. Funding to expand the State Department and USAID diversity and hiring, retention, and promotion efforts for its workforce, including by supporting mid-career and senior professional development opportunities, and partnerships with minority serving institutions, and the Charles B. Rangel, Thomas R. Pickering, and Donald M. Payne programs for undergraduate and graduate students. A report to Congress on all State Department and USAID efforts to address the global rise in racial discrimination. Expanding opportunities for minority owned businesses to compete for Department of State contracts and grants. $25 million to support Afro-Colombian and indigenous communities. Support for State Department programming that encourages representative governance and advances social inclusion in 12 European cities.
Helsinki Commission Chairman Amends NDAA to Reflect Support for Open Skies TreatyWednesday, July 22, 2020
On May 21, 2020 the Trump administration reportedly decided to withdraw the United States from the Open Skies Treaty to be effective at the end of this year. To express strong opposition, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) recently authored an amendment to H.R.6395, the William M. (Mac) Thornberry National Defense Authorization Act (NDAA) for Fiscal Year 2021, expressing the sense of Congress that the Trump Administration’s decision to withdraw from the Treaty on Open Skies did not comply with a legal requirement to notify Congress; did not assert that any other Treaty signatory had breached the Treaty; and was made over the objections of NATO allies and regional partners. “I am proud to have worked with Rep. Jimmy Panetta to successfully amend the House FY21 NDAA to express Congressional support for Open Skies and reiterate our commitment to the confidence and security building measures that are so vital to our NATO allies and partners,” said Chairman Hastings. “As Chairman of the U.S. Helsinki Commission, I strongly disagree with the President’s decision to withdraw from the Open Skies Treaty, an important arms control agreement that significantly reduces the risk of armed conflict.” The measure expresses support for confidence and security building measures like the Open Skies Treaty, because they reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency and remain vital to the strategic interests of our NATO allies and partners. The amendment also underlines the need to address Russian violations of treaty protocols through international engagement and robust diplomatic action. The full amendment is available below or as amendment numbered 167 printed in House Report 116-457. Chairman Hastings had previously condemned the Trump administration’s decision to withdraw from the Treaty on Open Skies, which is designed to increase transparency, build confidence, and encourage cooperation among the United States, Russia, and 32 other participating states (including much of Europe as well as partners like Ukraine and Georgia), by permitting unarmed observation aircraft to fly over their entire territory to observe military forces and activities. In November 2019, the Commission hosted a joint hearing with the House Committee on Foreign Affairs on the importance of the Open Skies Treaty, emphasizing its critical role in security and stability around the world, which still stands today. The United States has conducted nearly three times as many flights over Russia as Russia has over the United States under the treaty. The United States has also used the treaty to support partners by conducting flights over hot spots such as the Ukraine-Russian border. Amendment At the end of subtitle D of title XII, add the following: SEC. 12__. SENSE OF CONGRESS ON THE OPEN SKIES TREATY. It is the sense of Congress that-- (1) the decision to withdraw from the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002-- (A) did not comply with the requirement in section 1234(a) of the National Defense Authorization Act for Fiscal Year 2020 (133 Stat. 1648; 22 U.S.C. 2593a note) to notify Congress not fewer than 120 days prior to any such announcement; (B) was made without asserting material breach of the Treaty by any other Treaty signatory; and (C) was made over the objections of NATO allies and regional partners; (2) confidence and security building measures that are designed to reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency remain vital to the strategic interests of our NATO allies and partners and should continue to play a central role as the United States engages in the region to promote transatlantic security; and (3) while the United States must always consider the national security benefits of remaining in any treaty, responding to Russian violations of treaty protocols should be prioritized through international engagement and robust diplomatic action.
Hastings: Petty Parochialism Denies OSCE Vital Leadership During Global CrisisTuesday, July 14, 2020
WASHINGTON—Following yesterday’s failure of OSCE representatives to renew the mandates of four leadership positions—the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the Office for Democratic Institutions and Human Rights—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “We are in trouble when petty parochialism denies us vital leadership in the midst of a global crisis. Now more than ever, reliable multilateral institutions are needed to forge solutions during and after the current pandemic. “Azerbaijan, Tajikistan, Turkey, and other OSCE participating States who have blocked consensus on extending dedicated public servants should be ashamed of themselves. History will show the folly of abandoning essential leadership for cooperation.” Negotiations to renew each mandate collapsed in part in response to the written objections of Azerbaijan, Tajikistan, and Turkey, and the subsequent withholding of consensus by other participating States. Even efforts to devise interim extensions failed, leaving vital OSCE leadership positions vacant during an unprecedented global crisis. The failure highlights the unwillingness of some OSCE participating States to live up to their stated commitments to democratic institutions, the rule of law, media pluralism, and free and fair elections. Leaving key leadership roles unfilled drastically weakens the OSCE’s ability to hold countries accountable for their actions and undermines the principles of the Helsinki Final Act. The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization. It spans 57 participating States reaching from Vancouver to Vladivostok. The OSCE sets standards in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. In addition, the OSCE undertakes a variety of initiatives designed to prevent, manage, and resolve conflict within and among the participating States.
Chairman Hastings, Helsinki Commissioners Moore, Cleaver, and Veasey Lead Call for Comprehensive Action to Address Anti-Black Racism AbroadWednesday, July 08, 2020
WASHINGTON—In a bicameral letter to the President of the European Commission, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) joined the Black members of the Helsinki Commission—Representatives Gwen Moore (WI-04), Emanuel Cleaver (MO-05), and Marc Veasey (TX-33)—in leading 35 other Members of the United States Congress, including the Congressional Black Caucus Chair and other Helsinki Commissioners, in calling for a sweeping plan of action following the European Parliament’s Juneteenth Day resolution supporting protests against racism and police brutality. The letter also urges an immediate inquiry into an altercation involving a Black Member of the European Parliament and a Belgian police officer. “Since convening the 2009 Black European Summit at the European Parliament, it is heartening to see the growing solidarity of this resolution and the opportunity it presents for joint U.S.-EU commitments to end systemic racism,” said Chairman Hastings. “I am encouraged by the European Parliament’s resolution supporting protests against racism and police brutality. I would like to see these efforts built upon with meaningful and comprehensive action that addresses the widespread racism and discrimination Black Europeans and people of African descent experience on a day-to-day basis,” said Rep. Moore. “I applaud the European Parliament’s resolution that denounces anti-black racism and police brutality,” said Rep. Veasey. “We must work together as a global community to create comprehensive solutions that will finally dismantle the systemic oppression that has caused too many Black and Brown lives to be lost.” “Recently, we have seen a troubling rise in racism and police brutality around the world,” said Rep. Cleaver. “I’m comforted to see the European Parliament and the people of Europe standing with Americans as we seek to abolish the systemic racism that has plagued our planet for far too long. As we stand united in the face of this age-old foe, now is the time for concrete action to root out racism in every corner of the globe.” The full text of the letter can be found below: July 8, 2020 Ms. Ursula von Der Leyen President of the European Commission Rue de la Loi 200 1049 Brussels Belgium Dear President von der Leyen, We are writing as Members of United States Congress to call on the European Commission to take urgent action to combat racism, discrimination and police violence against Black Europeans and People of African Descent in Europe. We would also like to express our concern and call for an immediate inquiry into the physical harassment of a Black Member of European Parliament, Dr. Pierrette Herzberger Fofana, by the Belgian police after she took a picture of them engaging in a concerning manner with two young Black men outside a train station. As in the United States, the 15 million persons who make up populations of Black Europeans and People of African Descent in Europe, have been victims of police brutality and harassment, including unexplained deaths of individuals in police custody. Moreover, the European Union’s own Fundamental Rights Agency in 2018 found almost a third of People of African Descent had experienced racial harassment in the five years before with the report claiming that racial discrimination is “commonplace” in the 12 European countries sampled. We have focused on these issues in the United States Congress through hearings, legislation, multilateral events, and initiatives, including within the European Union. We acknowledge that the European Union has passed legislation such as the Race Equality Directive to prohibit racism and discrimination. We also welcome the European Parliament’s resolutions on “Anti-Racism protests following the death of George Floyd” on 19th June 2020 and “The Fundamental Rights of People of African Descent in 2019” in March 2019. We are also pleased to see that EU Commissioner Dalli will lead on the development of an action plan to address racial discrimination and Afrophobia. However, we are concerned by the possibility of limited implementation by Member States and European Institutions and by the absence of a unit or coordinator in the European Commission addressing anti-Black racism or Afrophobia--especially following the People of African Descent Week in the European Parliament and other events where civil society groups of Afro-Descendants in Europe expressly requested these positions to improve the human rights situation for their communities. In addition to appointing a coordinator and/or unit focused on anti-Black racism, we call on you to push for the comprehensive implementation of the resolutions and the recommendations in the letter initiated by MEPs Dr Pierrette Herzberger Fofana, Alice Bah Kunke, and Monica Semedo to: Develop an EU framework for national strategies on combatting racism which would require all European Union member states to develop strategic plans and provide funding to improve the situation of diverse communities including People of African Descent in Europe Collect and publish equality data disaggregated by racial and/or ethnic origin (as defined by the EU race directive) that is voluntary, anonymous and ensures the protection of personal data, self-identification and consultation with relevant communities Push to unblock the anti-discrimination horizontal directive which would increase protections for communities across different sectors of society in Europe Convene a European Anti-Racism Summit on combatting structural discrimination in Europe that includes a focus on improving the situation of People of African Descent in Europe Sincerely,
Wicker and Cardin Commend United Kingdom Magnitsky Sanctions on Russian and Saudi OfficialsTuesday, July 07, 2020
WASHINGTON—Following the recent designations under the United Kingdom’s Magnitsky sanctions framework of Russian and Saudi officials responsible for the deaths of Sergei Magnitsky and Jamal Khashoggi, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) released the following statement: “We are encouraged to see the United Kingdom applying its first-ever independent Magnitsky sanctions. These sanctions demonstrate that following Brexit, the UK remains committed to fighting human rights abuse and kleptocracy. “We hope the UK will continue to apply Magnitsky sanctions as needed and develop additional anti-corruption policies to stem the flow of illicit wealth into the country. We also encourage the European Union to move forward on plans to develop its own Magnitsky sanctions. Consequences for bad acts are most effective when imposed in concert.” The UK passed its Magnitsky sanctions law in 2018. That same year, Russia attempted to assassinate Sergei Skripal, a former Russian double agent who spied for the UK, in Salisbury, England. UK Magnitsky sanctions freeze the assets of designees and prevent them from entering the country, and are expected to be a powerful deterrent for kleptocrats, given the propensity of corrupt officials to steal and launder money into London as well as send their children to British boarding schools. In December 2019, EU High Representative for Foreign Affairs and Security Policy Josep Borrell announced that the EU would start preparatory work for the equivalent of a Magnitsky sanctions mechanism. However, no further progress has been reported. In May 2020, Co-Chairman Wicker and Sen. Cardin urged U.S. Secretary of State Mike Pompeo to ask High Representative Borrell to expedite the adoption of EU sanctions on human rights abusers and include provisions for sanctioning corruption.
Human Rights at Home: Implications for U.S. LeadershipThursday, July 02, 2020
Recent developments in the United States—including George Floyd’s tragic death at the hands of police and subsequent protests—have put U.S. human rights commitments to the test in the eyes of the world. On July 2, 2020, the Helsinki Commission held a hearing on “Human Rights at Home: Implications for U.S. Leadership.” The online hearing was held in compliance with H.Res.965, which provides for official remote proceedings during the COVID-19 pandemic. Commissioner Rep. Emanuel Cleaver (MO-05), who chaired the hearing, observed, “The United States has long been a champion of human rights and democracy in our foreign policy. Many of the OSCE’s groundbreaking commitments were actually spearheaded by the United States, including those relating to anti-Semitism, freedom of religion, free elections, and the rule of law, to name only a few…Today, we look inward as we examine the Black Lives Matter protests and related domestic compliance issues in the context of our OSCE human dimensions commitments and implications for U.S. foreign policy.” Witnesses included Nkechi Taifa, Founding Principal & CEO of The Taifa Group, LLC, Convener of the Justice Roundtable, and Senior Fellow, Center for Justice, Columbia University; the Honorable Malcolm Momodou Jallow, Member of Parliament (Sweden) and General Rapporteur on Combating Racism and Intolerance, Parliamentary Assembly of the Council of Europe (PACE); and Ambassador (ret.) Ian Kelly, former U.S. Permanent Representative to the Organization for Security and Cooperation in Europe (OSCE). “It’s not a moment. It’s a movement.” Witnesses emphasized that George Floyd’s death has created a movement, not just a moment, in efforts to address systemic racism, police violence, and secure justice. Nkechi Taifa called on the United States to implement fully international human rights commitments and obligations, without legal barriers. She observed that the world is at the midpoint of the United Nations International Decade for People of African Descent and concluded, “What we are witnessing today is the unprecedented possibility for change.” Malcolm Momodou Jallow observed that structural, institutional, and systemic racism— including racist violence—is not confined to the United States, but is also present in Europe. The European project includes an antidiscrimination, antiracist dimension, with a fundamental commitment to reflect the lessons of the Holocaust and eradicate past European divisions through respect for the human rights of all. Failure to do so affects entire communities, thereby eroding social cohesion, trust in public authority, the rule of law and ultimately democracy. Mr. Jallow also drew attention to the European Parliament’s resolution, adopted on Juneteenth (June 19), on the anti-racism protests following George Floyd’s death. The resolution also recalled Europe’s colonial past and its role in the transatlantic slave trade; draws on the OSCE’s Office for Democratic Institutions and Human Rights’ annual hate crimes report; and calls for closer cooperation between the European Commission and the OSCE. “The OSCE should rise to that occasion.” Ambassador Ian Kelly stated that security among states depends on respect for human rights within states. Actions clearing peaceful protesters, at the expense of their basic rights, cost the United States moral authority to call other countries to account. Ambassador Kelly credited the OSCE for its work to shine a light on the problems of intolerance but asserted more could and should be done in the OSCE context to expose abuses against people of color in the OSCE region. By signing the Helsinki Final Act, the United States committed to respecting human rights and protect democracy, even under the most challenging circumstances. A willingness to respond to the human rights concerns that other countries raise with the United States in the Helsinki context has been instrumental in validating the promotion of human rights and democracy advocacy as a goal of U.S. foreign policy. The Helsinki Commission has addressed the implementation of OSCE commitments in the United States in various ways, including hearings, reports, and legislation. The video of the murder of George Floyd and the ensuing protests received wall-to-wall coverage throughout most of the OSCE participating States. Journalists from at least eight OSCE participating States—Canada, Finland, France, Germany, Russia, Sweden, Switzerland, and Turkey—suffered violence while trying to report on demonstrations. George Floyd’s death in police custody prompted demonstrations in nearly all western OSCE participating States, including more than 25 of the 30 NATO member states, supporting the Black Lives Matter (BLM) movement and protesting systemic racism. In some Central European countries, the death of George Floyd has been compared to police brutality against Roma. In other countries, demonstrators have called for changes to their own national policing practices, the removal of symbols of their colonial past, and other policy changes. There have been no BLM sympathy demonstrations in Russia, where assembly (even protests by single picketers or dolls dressed as protesters) remains highly controlled. Heads of OSCE institutions, including the Director of the Office for Democratic Institutions and Human Rights and the Representative on Freedom of the Media, have expressed concern about the actions of police, restrictions on freedom of assembly, and restrictions on press freedom. The OSCE Parliamentary Assembly President George Tsereteli, expressed similar concerns in a press statement on June 1. On June 8, 38 NGOs from the Civic Solidarity Platform, a decentralized advocacy network of independent civic groups from across the OSCE region, issued a rare joint statement of concern regarding “the United States government’s response to widespread peaceful protests against police violence.” Related Information Witness Biographies Human Rights at Home Safe, Inclusive, and Equitable Societies Briefing: 8:46 (George Floyd) Press Release: Hastings: To Promote Human Rights Abroad, We Must Fiercely Protect Them at Home Press Release: OSCE Media Freedom Representative concerned about violence against journalists covering protests in USA, calls for protection of journalists Press Release: Statement of the OSCE Parliamentary Assembly President on the policing of protests in the United States Civic Solidarity Platform Statement: U.S. racism and police violence and the human dimension heritage of the OSCE Rep. Jim McGovern: To Regain Our Credibility on Human Rights, America Must Start At Home
The Future of American DiplomacyTuesday, June 30, 2020
By Erick Boone, Max Kampelman Fellow; Gabriel Cortez, Charles B. Rangel Fellow; Nida Ansari, Policy Advisor and State Department Detailee; and Dr. Mischa Thompson, Director of Global Partnerships, Policy, and Innovation America’s Competitive Advantage “Diversity and inclusion are the underpinnings of democratic societies. It is time to ensure that those from all segments of our society have an equal opportunity to contribute to the future of our nation as part of the vibrant workforce that is at the heart of our democracy.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission Promoting and maintaining workforce diversity offers strategic advantages to the government agencies tasked with advancing U.S. foreign policy, including the U.S. Department of State and the U.S. Agency for International Development (USAID). By leveraging the unique talents of the nation’s diverse communities—including valuable language skills, cultural competencies, and elevated credibility when engaging with local communities—the State Department and USAID can take unique advantage of opportunities to expand democracy, promote business, and support national security. Individuals from diverse communities often bring unique perspectives to policy discussions that would otherwise be absent in a homogenous workplace, and their presence in the U.S. foreign policymaking establishment illustrates the U.S. commitment to equality and justice. More broadly speaking, studies show that diverse workforces promote increased creativity and innovation, improve recruitment prospects, and avoid high turnover rates. Simply put, the diplomatic corps is better equipped to advance U.S. foreign policy by including its racially, ethnically, culturally, and otherwise diverse communities. Unfortunately, currently there is a lack of diversity in America’s primary diplomatic agencies. The question remains: How can the United States better utilize the competitive advantage of its natural diversity on the world stage? Identifying Barriers to Diversity According to 2020 State and USAID reports published by the Government Accountability Office (GAO), racial and ethnic minorities remain severely underrepresented in both agencies. The reports found that of the nearly 25,000 full-time employees at the State Department, African Americans, Hispanics/Latinx, Asian Americans, and other racial groups only make up 7 percent, 7 percent, 6 percent, and 4 percent respectively. Overall, these demographics lag far behind the current diversity of the United States as documented by the U.S. Census Bureau. When employees reach senior-level positions, the percentages of non-white employees fall even more drastically. The GAO reports found that promotion rates within the State Department and USAID were generally lower for racial and ethnic minorities, and that minorities were underrepresented at higher ranks. Native Americans were virtually absent from both agencies. The Road to Improvement In attempts to capitalize on the benefits of diversity to the diplomatic corps, the Department of State and USAID have introduced several efforts to attract and retain outstanding individuals from traditionally underrepresented groups. Some programs expose students and young professionals to the Foreign Service, allowing the U.S. Government to proactively recruit new generations of talented Americans. For example, the State Department’s Pathways Internship Program targets high school students as well as individuals enrolled in undergraduate and graduate institutions. Other efforts focus more broadly on building the skills that students will need to work in international affairs. The Charles B. Rangel Summer Enrichment Program provides undergraduate students, especially those from underrepresented communities, the opportunity to enhance their knowledge of U.S. foreign policy and the global economy through summer coursework. The Department of State and the Department of Defense also fund several scholarship programs, such as the Benjamin A. Gilman International Scholarship, the Boren Scholarship, and the Critical Language Scholarship, that enable students to study and travel internationally and serve as pipelines to international careers Fellowship programs like the Charles B. Rangel, Thomas R. Pickering, and Donald M. Payne Fellowships, named in honor of those in government who made a major impact in foreign affairs, aim to recruit, train, and retain the best and brightest from all corners of the United States and draw from the extensive perspectives of the American public. Over the years, these programs, which have historically received bipartisan support, cumulatively have produced nearly 1,000 fellows, many of whom are current Foreign Service Officers serving with the State Department or USAID in over 65 countries. In addition to graduate foreign service fellowships, the U.S. government and key partners have encouraged efforts to diversify the diplomatic corps through programs like the International Career Advancement Program (ICAP) at the University of Denver’s Josef Korbel School of International Studies and State Department affinity groups such as the Thursday Luncheon Group, which has been working to increase the participation of African-Americans and others in the formulation, articulation, and implementation of United States foreign policy since 1973. Inside government agencies and the public sector, affinity groups working to increase diversity include the Hispanic Employees Council of Foreign Affairs Agencies, the Asian American Foreign Affairs Association, Executive Women at State, GLIFAA, LGBT+ Pride in Foreign Affairs Agencies, and the Sunday Brunch group. The Public Policy and International Affairs Program promotes inclusion and diversity in public policy; Black Professionals in International Affairs focuses on expanding roles in global policy; and TruDiversity, an initiative of the Truman National Security Project, aims to attract more underrepresented minority groups to the field of national security. Increased efforts to recruit and retain diverse populations for diplomatic corps in other agencies have also begun at USDA, and been called for at the Departments of Commerce and Homeland Security, the Peace Corps, and other agencies. “The diversity of the American people is one of our greatest assets as a nation. Our national security agencies, especially those on the frontlines representing America around the world, should reflect this reality.” Sen. Benjamin L. Cardin (MD), Ranking Member, U.S. Helsinki Commission Helsinki Commission Efforts Members of the Helsinki Commission have a long history of supporting diversity and inclusion efforts in the diplomatic corps and in national security careers more broadly. For close to a decade, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Ranking Member Sen. Ben Cardin of Maryland (MD) have joined bipartisan Congressional efforts to support annual funding for State Department and USAID diversity fellowship programs such as the Rangel, Payne, Pickering, and ICAP programs. Chairman Hastings and Sen. Cardin are both lead sponsors of the National Security Diversity and Inclusion Workforce Act of 2019 (S.497), which would strengthen employee diversity in the U.S. national security workforce through enhanced hiring, retention, and growth practices targeting gender, race, ethnicity, disability status, veteran status, sexual orientation, gender identity, national origin, and other demographic categories. In March, Chairman Hastings introduced the Federal Jobs Act to require a government-wide diversity and inclusion strategy. “Estimates indicate that by 2050, more than half of the U.S. workforce will be made up of Americans from diverse populations. Effectively governing our nation will require that we fill federal jobs—whether they are in the military, intelligence, foreign service, health, or education sectors—with an equally diverse federal workforce who can meet the needs of our country.” Rep. Alcee L. Hastings (FL-20), Chairman, U.S. Helsinki Commission Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) is a lead sponsor of the Paul Simon Study Abroad Program Act, which works to increase study abroad opportunities for diverse populations. Study abroad is often a precursor to professions in the diplomatic corps. Chairman Hastings also amended the Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019, which directs the Office of the Director of National Intelligence to implement a plan to expand the intelligence community’s recruitment efforts so that rural and underserved regions in the U.S. are more fully represented. In 2017, Sen. Cardin worked with then-chairman of the Senate Foreign Relations Committee Sen. Bob Corker (TN) to include several strong diversity provisions, including support for the Donald M. Payne Fellowship and diversity data collection, in the 2018 State Department authorization bill. Most recently, Sen. Cardin helped lead Senate and House Foreign Relations Committee efforts to improve diversity at the State department Supporting policies that strengthen diversity and inclusion in the diplomatic corps and across the federal government ensures that the United States will become a shining example of the power and strength diversity can bring. A diplomatic corps composed of individuals from all parts of the U.S. society not only presents a more accurate snapshot of America to the world and proves that the U.S. abides by its human rights principles, but also equips the country to handle complex challenges at home or abroad with the widest variety of skills, knowledge, perspectives, ideas, and experiences at the ready.
By Erika B. Schlager
Counsel for International Law
In 1999, several Romani students from the Czech Republic brought a suit before the European Court on Human Rights alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated European human rights law. On February 7, 2006, a seven-member Chamber of the Court held that the applicants failed to prove that their placement in “special schools” was the singular result of intentional racial discrimination. The plaintiffs have 3 months to appeal to a 17-member Grand Chamber. Elsewhere in Central and Southern Europe, Roma are also pursuing efforts to achieve equal access to education.
During the Communist-era, many East European countries developed a practice of channeling Roma into schools for children with mental disabilities, called “special schools.” Critics have argued that this practice constitutes, de facto, a form of segregating Roma into a separate and inferior school system.
The Ostrava Case
“Unsatisfactory performance of Gypsy children in Czech and Slovak schools is often “solved” by transferring the children to special schools for the mentally retarded. During the school year of 1970-71 in the Czech lands alone, about 20% of Gypsy children attended these special schools as against only 3% of children from the rest of the population. According to psychological tests the great majority of these children should not be in these schools. This indiscriminate transferring of Gypsy children to these special schools, which is the general practice, reflects unfavorably on the whole Gypsy population. A child who “graduates” from such a school has the same standing as a child who did not finish his basic schooling. Access to better employment opportunities is closed. Even art schools are closed to them, while persons with special musical talent - not uncommon among Gypsies - are shunned. Musical and dance groups are interested in these talented persons, however, they cannot employ them.
“The main reason for the unsatisfactory performances of Gypsy children is the fact that there are no schools which teach Gypsy culture and try to develop it. The powers that be are, on the contrary, doing everything to suppress Gypsy culture and the media assists in this destruction by spreading lies, such as that Gypsy culture does not exist. Gypsy children are forced to attend schools where they are taught in the Czech or Slovak language and where, from the pictures in the primer, they get the impression that they are foreign, that they are second class citizens, without their own language, without a past and without a future.”
- Situation of the Gypsies in Czechoslovakia, Charter 77 Document No. 23, issued December 13, 1978 by Vaclav Havel and Dr. Ladislav Hejdanek, Charter 77 Spokesmen
In 1999, a group of Roma from Ostrava, the Czech Republic’s third largest city, brought suit against their government, alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated Czech national and constitutional law, as well as European human rights law.
At the time the case was brought, a number of Czech newspapers ran editorials indirectly espousing some form of school segregation. For example, one leading newspaper ran an article arguing that educating a “future plumber” and a “future brain surgeon” together ultimately benefits neither one.
On October 20, 1999, the Czech Constitutional Court rejected the plaintiffs’ claim. In the view of the court, it did not have the jurisdiction to address the broad pattern of discriminatory treatment alleged – allegations supported by compelling statistical evidence but no smoking gun that proved an explicit intent to discriminate against the individual plaintiffs.
Notwithstanding the Constitutional Court’s perceived jurisdictional inability to provide a remedy to the plaintiffs, the Court recognized “the persuasiveness of the applicants’ arguments” and “assume[d] that the relevant administrative authorities of the Czech Republic shall intensively and effectively deal with the plaintiffs’ proposals.”
Having exhausted their domestic remedies, the students then turned to the European Court of Human Rights in Strasbourg, an organ of the Council of Europe.
In connection with that suit, Case of D.H. and Others v. The Czech Republic, the Czech Government acknowledged that, nationwide, 75 percent of Czech Roma were channeled into special schools. In some special schools, Roma made up 80-90 percent of the student body. The Czech Government also acknowledged that “Roman[i] children with average or above-average intellect [we]re often placed in such schools” for children with mental disability.
In opposing the plaintiffs’ claims, the Czech Ministry of Education attempted to deflect an examination of whether their placement in schools for the mentally disabled was the result of racial bias by claiming (among other things) that Romani parents have a “negative attitude” toward education. This assertion was particularly ironic, given the lengths to which the plaintiffs’ parents were willing to go – all the way to Europe’s highest human rights court – to ensure their children could get a good education.
“In countries with substantial Romani communities, it is commonplace for Romani children to attend schools that are largely comprised of Roma or to be relegated to Roma classes within mixed schools. In its most pernicious form, segregation is achieved by routing Romani children into ‘special schools’ – schools for the mentally disabled – or into classes for mentally disabled children within regular schools”.
- Report on the Situation of Roma and Sinti in the OSCE Area, issued by the OSCE High Commissioner on National Minorities, 2000
Moreover, this broad sweeping generalization, originally made before the Czech Constitutional Court, was viewed by some as confirmation of racial prejudice in the Czech education system. Remarkably, it was repeated without comment in the European Court’s decision. Putting aside the bias reflected in the Ministry of Education’s assertion, there is no evidence demonstrating that a parent’s “negative attitude” results in actual mental disability in his or her children.
Meanwhile, the Czech Government adopted some changes to the law on special schools which came into effect on January 1, 2005 (Law No. 561/2004) and on February 17, 2005 (Decree No. 73/2005). To some degree, these changes were reactive to the issues raised by the Ostrava suit, including the criticisms of the procedures by which parental consent was purportedly obtained for the placement of children in special schools. Nevertheless, non-governmental groups monitoring this situation argue that the changes have not dismantled an education system that remains effectively segregated and that the changes fail to provide redress or damages for the Romani plaintiffs from Ostrava who were denied equal access to mainstream schools.
The case in Strasbourg was heard by a seven-member Chamber of European Court and resulted in a 6-1 decision. Significantly, the President of the Chamber issued a concurring decision, in which he stated that some of the arguments of the dissenting judge were very strong. He also suggested that in order to hold that there had been a violation of the Convention in this case, the Chamber might have to depart from previous decisions of the Court. In his view, overturning or deviating from past rulings is a task better undertaken by the Grand Chamber of the Court. The applicants have three months to decide whether to appeal this decision to a 17-member Grand Chamber.
While the underlying issues which led Roma to bring this suit still persist, there are many indications that prejudices against Roma in the Czech Republic have diminished since the Ostrava case was first heard by the Czech Constitutional Court. For example, when the European Court issued its holding in the case, a leading daily paper wrote that although the Czech Government “won” its case, there were still significant problems for Roma in the Czech educational system that needed to be addressed.
Limitations of the European Court Decision
Significantly, there were several issues the court did not address.
The suit in question was brought under Article 14 of the European Convention on Human Rights, which is the non-discrimination provision of the Convention, in conjunction with Article 2 of Protocol 1 to the Convention, which provides for a right to education. In essence, discrimination in education based on race, ethnicity or social origin is prohibited.
When interpreting this standard, the Court referred to previous cases in which it held that States party to the European Convention “enjoy a certain margin of appreciation in assessing whether and to what extent differences in otherwise similar situations justify a difference in treatment.” The Court also reiterated “that the setting and planning of the curriculum falls in principle within the competence of the Contracting States.” In short, while European Convention norms prohibit discrimination in education, States still have considerable discretion in designing their education programs. But while the Court reiterated this jurisprudence, it failed to indicate what is meaningfully left of Articles 14 and Protocol 1, Article 2? What threshold must be crossed before the court will actually determine that alleged discrimination takes a case out of the discretion of the States party to the Convention and brings it within the reach of the Court?
Two other issues the court did not address do not relate so much to the court’s own jurisprudence, but from parallel developments in European Union norms in the field of non-discrimination.
“The European Parliament [ . . . c]alls on Member States in which Roma children are segregated into schools for the mentally disabled or placed in separate classrooms from their peers to move forward with desegregation programmes within a predetermined period of time, thus ensuring free access to quality education for Roma children and preventing the rise of anti-Romani sentiment amongst school-children.”
- European Parliament resolution on the situation of the Roma in the European Union, adopted April 25, 2005
In 2000, the European Union adopted “Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,” more commonly known as the “Race Directive.” The directive is binding on all current 25 Member States of the European Union and is intended to ensure a minimum level of protection from race discrimination in all EU countries in several areas, including education. (The fifteen countries that were EU members as of 2000 had until July 19, 2003, to transfer the directive into national law; applicant countries had until the date of their accession. The Czech Republic joined the EU in 2004 but, in fact, it has not yet adopted comprehensive anti-discrimination legislation. Legislation was introduced in the parliament in late 2005, but the draft was narrowly rejected by the Senate in January 2006.)
The Race Directive requires Member States to adopt comprehensive anti-discrimination legislation that, among other things, requires anti-discrimination legislation to include both direct and indirect discrimination. Indirect discrimination, which is at issue in the Ostrava case, is defined by the directive as occurring when “an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are proportionate and necessary.” The legislation should also shift the burden of proof in civil cases from the plaintiffs to the defendants once a prima facie case of discrimination has been made.
Thus, the EU Race Directive anticipates exactly the kind of case the plaintiffs in the Ostrava case presented. Under the provisions of the directive, the overwhelming pattern of disparate treatment of Roma demonstrated by the plaintiffs should shift the burden of proof from them to the Czech Government. (Notably, the directive was not applicable to the Czech Republic at the time of the Constitutional Court’s decision.)
While the European Court of Human Rights does not adjudicate compliance with or implementation of the EU Race Directive, the Court’s overall approach to the Ostrava case appears to lag behind the legal developments in the European Union and, potentially, render the European Court a less effective vehicle for addressing discrimination than other existing or emerging tools in Europe.
Regional Issues and Trends
On November 27, 2003, the OSCE Permanent Council adopted “Decision No. 566, Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area.” In particular, that Action Plan calls on the participating States to “[e]nsure that national legislation includes adequate provisions banning racial segregation and discrimination in education and provides effective remedies for violations of such legislation.” In addition, participating States were urged to:
73. Develop and implement comprehensive school desegregation programmes aiming at:
(1) discontinuing the practice of systematically routing Roma children to special schools or classes (e.g., schools for mentally disabled persons, schools and classes exclusively designed for Roma and Sinti children); and
(2) transferring Roma children from special schools to mainstream schools.
74. Allocate financial resources for the transfer of the Roma children to mainstream education and for the development of school support programmes to ease the transition to mainstream education.
Thus, all OSCE participating States, including the Czech Republic, have agreed, in principle, to the goal of integrating Roma in education and eradicating de facto segregated school where it may exist.
In 2004, the European Roma Rights Center issued a report, Stigmata: Segregated Schooling of Roma in Central and Eastern Europe, examining the experiences of five countries (Bulgaria, the Czech Republic, Hungary, Romania, and Slovakia). The report describes the most common ways of segregating Romani children from non-Roma: channeling Roma into “special schools” for children with developmental disabilities; the de facto segregation that goes hand-in-hand with existence of Romani ghettos; having mixed-population schools where Romani children are segregated into all-Romani classes; and the refusal of some local authorities to enroll Romani children in mainstream schools. The report concludes that, unfortunately, “with the exception of Hungary, concrete government action aimed at desegregating the school system has not been initiated to date.”
In addition to the countries examined in Stigmata, the European Roma Rights Center has reported on unequal access to education for Roma in other countries, including Greece and Denmark. In a 2004 Danish case, Roma were placed into separate classes in one particular locality. Following complaints from a Romani non-governmental organization, the Danish Ministry of Education intervened to end this practice. In the case of Greece, the Greek Helsinki Monitor has reported on several localities where Roma are denied equal access to schools. These cases remain unresolved.
In Hungary and Bulgaria, some efforts to litigate this issue have made their way into the courts, with mixed results.
“Education is a prerequisite to the participation of Roma and Sinti people in the political, social and economic life of their respective countries on a footing of equality with others. Strong immediate measures in this field, particularly those that foster school attendance and combat illiteracy, should be assigned the highest priority both by decision-makers and by Roma and Sinti communities. Educational policies should aim to integrate Roma and Sinti people into mainstream education by providing full and equal access at all levels, while remaining sensitive to cultural differences.”
- OSCE Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, 2003
In October 2004, the Budapest Metropolitan City Court of Appeals upheld a lower court decision ordering a primary school and the local government of Tiszatarjan to pay damages to nine Romani families whose children were wrongly placed in “special schools” between 1994 and 1999. In June 2005, a court dismissed a case brought against the Miskolc Municipality alleging city-wide segregation. A Hungarian non-governmental organization which assisted in filing the suit, Chance for Children Foundation, is appealing. Other legal disputes continue to surround a self-proclaimed “private school” in Jaszladany (established at least in part with municipal resources). A study commissioned by the Ministry of Education found the “private school” violated the law and contributed to racial segregation.
Notwithstanding some recent government initiatives to address this problem in Hungary, desegregation initiatives have met resistance in significant quarters. Former Prime Minister Victor Orban (who also heads of Hungary’s largest opposition party, FIDESZ), argued in a speech on January 29, 2006, that integrated schooling should not be mandatory, but left to local officials and parents to “choose” or reject. In fact, the greatest resistance to integrated schooling often comes at the local level.
In Bulgaria – where the government continues to deal with Roma through an office for “demographic issues” – efforts to address the causes of segregation have largely originated with the non-governmental community. Particularly promising results have been achieved in Viden, where community-based efforts, supported by international non-governmental organizations, have resulted in integrating Roma and ethnic Bulgarian school children. Efforts to replicate that program elsewhere, however, have not been embraced by the government.
In addition, in a landmark holding, the Sofia District Court held on October 25, 2005, that the Bulgarian Ministry of Education, the Sofia Municipality and School Number 103 of Sofia violated the prohibition of racial segregation and unequal treatment provided in Bulgarian and international law. In welcoming that ruling, the European Roma Rights Center declared, “After a period of 51 years, the soul of Brown v. Board of Education has crossed the Atlantic.”