Title

Bosnia: Should the OSCE Certify Conditions Exist for Free and Fair Elections?

Wednesday, June 26, 1996
311 Cannon House Office Building
Washington D.C., DC 20515
United States
Members: 
Name: 
Hon. Christopher Smith
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Benjamin Cardin
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Steny Hoyer
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Moderator(s): 
Name: 
Ambassador Robert Frowick
Title Text: 
Mission Head
Body: 
OSCE Mission to Bosnia
Witnesses: 
Name: 
Ambassador William Montgomery
Title: 
Special Advisor
Body: 
President and Secretary of State for the Implementation of the Bosnian Peace Settlement

The Helsinki Commission is focusing on what it considers one of the most important international events of this year, the elections in Bosnia-Herzegovina. The Commission has held several briefings on this topic already with election experts from the United States, with members of the Provisional Election Commission from Bosnia, with representatives of political parties from that country, and most recently, with persons close to the situation in Banja Luka.

Human rights organizations and others following the situation in Bosnia have warned that conditions for a free and fair election simply do not exist; and yet, the U.S. Government and some European governments have pressured the OSCE to certify nonetheless.

A robust discussion on curbing rampant political gerrymandering and obstructions to free and fair elections will be underscored in the hearing.

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Relevant countries: 
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  • U.S. Helsinki Commission to Examine Corruption in Bosnia and Herzegovina

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Combatting Corruption in Bosnia and Herzegovina” Wednesday, May 25, 2016 2:00 PM Capitol Visitor Center Senate Room 212-10 Live Webcast: www.youtube.com/HelsinkiCommission Twenty years ago, Bosnia and Herzegovina was beginning a process of recovery and reconciliation following the brutal conflict that marked its first four years of independent statehood and took outside intervention to bring to an end.  The United States, which led that effort culminating in the  Dayton Peace Accords, has since invested considerable financial and other resources to ensure the country’s unity, territorial integrity and sovereignty, as well as to enable a population devastated and traumatized by conflict to rebuild. Many European and other countries have as well. Today, beyond well-known ethnic divisions and weaknesses in political structure, Bosnia’s progress is stymied by official corruption to the detriment of its citizens’ quality of life and the prospects for the country’s integration into Europe.  Amid recent press reports on scandals involving various government officials, public perceptions of corruption rank Bosnia and Herzegovina among the worst in the Western Balkans.    The hearing will examine the current situation regarding corruption and its causes at all levels of government in Bosnia and Herzegovina, and look at efforts by the United States and the international community, along with civil society, to combat it.     The following witnesses are scheduled to testify: Jonathan Moore, Head of the OSCE Mission to Bosnia and Herzegovina Thomas Melia, Assistant Administrator for Europe and Eurasia, USAID Srdjan Blagovcanin, Chairman of the Board of Directors of Transparency International, Bosnia and Herzegovina Valery Perry, Sarajevo-based Independent Researcher and Consultant and Senior Associate at the Democratization Policy Council

  • Senator Wicker Responds to ICTY's Verdict on Bosnian Serb Leader

    WASHINGTON—Senator Roger F. Wicker, Co-Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), made the following statement in regard to yesterday’s sentencing of former Bosnian Serb political leader Radovan Karadzic at the International Criminal Tribunal for the former Yugoslavia (ICTY), located in The Hague, to 40 years imprisonment for war crimes, crimes against humanity and genocide: “Yesterday’s conviction of Radovan Karadzic confirmed what we knew all along, namely that he was responsible for some of the worst atrocities to occur in Europe since World War II. Forty years in prison pale in comparison to the tens of thousands of innocent deaths that he caused. But it is good to see some measure of justice. I am hopeful that he never sees the light of day.” The Hague-based International Criminal Tribunal for the former Yugoslavia (ICTY) found Radovan Karadzic guilty of 10 out of 11 counts of war crimes, crimes against humanity, and genocide during the 1992-1995 conflict in Bosnia and Herzegovina.  He was acquitted of one count of genocide, finding that the prosecution did not prove beyond a reasonable doubt his genocidal intent in relation to crimes committed in seven municipalities across Bosnia and Herzegovina.  Karadzic was the leading political figure among Bosnian Serbs during the conflict.  The court, while taking into account mitigating circumstances, nevertheless sentenced the 70 year-old Karadzic to 40 years in prison for his crimes.

  • Chairman Smith Responds to ICTY's Verdict on Bosnian Serb Leader

    WASHINGTON—The long-awaited verdict handed down today to former Bosnian Serb political leader Radovan Karadzic at the International Criminal Tribunal for the former Yugoslavia (ICTY), prompted U.S. Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe and chairman of the House Global Human Rights Subcommittee, to issue the following statement: “Once again, ICTY has proved its worth. It has provided justice regarding horrific atrocities which occurred in Bosnia and Herzegovina from 1992 to 1995. Radovan Karadzic was a driving force in the encouragement, planning and execution of horrific crimes—from the artillery shelling and sniper attacks on Sarajevo, to the ethnic cleansing campaign that included the mass displacement, detention, abuse and execution of innocent civilians, to the taking of UN personnel as hostages, and ultimately to the Srebrenica genocide. “The guilty verdict and sentencing cannot replace action that could have been taken to prevent these crimes in the first place. But Karadzic’s 40-year sentence demonstrates a welcomed determination by the court to provide justice and some measure of closure for surviving victims and to hold to account one of the most egregious perpetrators of crimes against humanity and genocide. ICTY’s lessons and progress are not limited to Karadzic’s conviction, but instead stand as a model and prototype for a much needed tribunal for the prosecution of war crimes in Syria.” Earlier this month, the House of Representatives passed Smith’s legislation (H. Con. Res. 121) urging the U.N. Security Council to immediately establish a Syrian war crimes tribunal (March 14th; by a vote of 392-3). Smith’s bill notes that “ad hoc or regional tribunals, including the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, and the Special Court for Sierra Leone, have successfully investigated and prosecuted war crimes, crimes against humanity, and genocide, and there are many positive lessons to be learned from such tribunals.” During debate in the House Smith said, “An ad hoc or regional court has significant advantages over the International Criminal Court (ICC) as a venue for justice. The ICC has operated since 2002 but boasts only two convictions. By way of contrast, the Yugoslavia court convicted 80 people; Rwanda, 61; and Sierra Leone, 9.  Moreover, a singularly focused Syrian tribunal that provides Syrians with a degree of ownership could significantly enhance its effectiveness.” Since 1995, Rep. Smith has chaired numerous hearings on the genocides and war crimes committed in Bosnia, Rwanda, and Sierra Leone. He has particularly worked to see that the perpetrators of the horrific crimes committed in Bosnia from 1992-1995 are punished and that closure is provided to survivors and victims’ families. In 2005, he authored H. Res. 199, which clearly and unambiguously condemned the Srebrenica massacre as a genocide and was passed with overwhelming support in the U.S. House of Representatives. In July 2007, Rep. Smith visited Srebrenica to witness the tragic aftermath of the genocide for himself. In 2015, ahead of the 20th anniversary of the Srebrenica genocide, he authored H. Res. 310, which condemned statements denying that the massacre was a genocide. Karadzic was found guilty of war crimes and crimes against humanity, as well as one count of genocide, relating to Srebrenica, where more than 7,000 Bosnian Muslim men and boys were massacred by Bosnian Serb forces. Karadzic was acquitted of a second charge of genocide, relating to other Bosnian municipalities.

  • Senator Wicker Urges Secretary Kerry to Address Corruption in Bosnia

    WASHINGTON – In a letter to Secretary of State John Kerry, Helsinki Commission Co-Chairman Senator Roger Wicker urged the U.S. Administration to address the issue of worsening corruption in Bosnia and Herzegovina involving regulatory institutions and high-level political officials. “This kind of corruption is inhibiting Bosnia and Herzegovina's economy, stealing a more prosperous future from its citizens, paralyzing its progress toward European integration, and putting foreign investment at risk, including investment from the United States,” wrote Co-Chairman Wicker. The letter encourages the Obama Administration to devote additional resources to uncovering and documenting corrupt conduct in Bosnia and Herzegovina and to take concrete steps – such as the potential denial of U.S. visas and seizure of U.S. assets – to hold Bosnian officials accountable for engaging in corrupt activities. In November 2015, Co-Chairman Wicker and Commissioner Senator Jeanne Shaheen introduced legislation in the Senate that would establish an enterprise fund modeled after U.S. programs that supported Central and Eastern European economies after the fall of the Berlin Wall with approximately $10 billion in public and private funding. Specifically, the legislation would promote the private sector in Bosnia and Herzegovina by authorizing the fund to use up to $30 million over 15 years to bring American investors into the Bosnian and Herzegovinian economy. The full text of the letter is below. -------------------- February 2, 2016   The Honorable John Kerry Secretary of State Department of State Washington, DC  20520 Dear Secretary Kerry, As co-chairman of the Commission for Security and Cooperation in Europe, I write regarding the issue of corruption and the worsening investment climate in Bosnia and Herzegovina. I have been a longtime supporter of assistance to Bosnia and Herzegovina during my tenure in Congress.  Last year, my colleague Senator Shaheen and I introduced legislation that would establish an enterprise fund for providing assistance to private sector development and foreign investment in Bosnia and Herzegovina.  Twenty years after the Dayton Accords, I believe that Bosnia and Herzegovina's transition remains incomplete, and that the United States continues to have a strategic interest in ensuring a stable and prosperous Bosnia and Herzegovina. Unfortunately, I am concerned to learn of indications of worsening corruption in Bosnia and Herzegovina, including corruption in vital regulatory institutions and among high-level political officials.  I am troubled that responsible political authorities in Sarajevo tolerate the subversion of the rule of law by entrenched local interests.  This kind of corruption is inhibiting Bosnia and Herzegovina's economy, stealing a more prosperous future from its citizens, paralyzing its progress toward European integration, and putting foreign investment at risk, including investment from the United States. I strongly urge you to take concrete steps that will show that U.S. patience with such behavior is at an end.  Bosnian officials should be held accountable if they engage in corrupt activities or tolerate corrupt conduct by those in their ranks.  In particular, I hope that you will consider devoting additional U.S. resources to uncovering and documenting corrupt conduct in Bosnia and Herzegovina so that Bosnian officials and leaders can be publicly exposed and held to account. The United States should also consider a wide range of policy responses to corruption in Bosnia and Herzegovina, including the potential denial of U.S. visas and potential seizure of assets in the United States.  Evidence of corruption should also be shared with our European partners, giving the European Union the chance to take similar actions as well.  Coordinated international efforts against corruption in Albania might serve as a useful example in this regard. Thank you for your consideration.  I look forward to continuing my work with you to enhance security, stability, and economic prosperity throughout Southeast Europe. Sincerely, Roger F. Wicker Co-Chairman Commission on Security and Cooperation in Europe

  • OSCE Foreign Ministers Meet in Belgrade

    Serbia’s year-long chairmanship of the OSCE culminated in Belgrade in the annual meeting of the OSCE Ministerial Council on December 3 and 4, 2015.  Key issues addressed in the context of Ministerial discussions included: Ongoing efforts to de-escalate the Russia-Ukraine crisis and the need for Russia to fully implement the Minsk Agreements. Reaffirmation of the Helsinki Final Act and subsequent commitments and the comprehensive nature of security (i.e., respect for fundamental freedoms within a state has an impact on the security between states). The assault on human dignity and human rights, including through terrorist attacks, the continued rollback on rights and freedoms in the OSCE area, and the refugee and migration crisis. Secretary of State John Kerry led the U.S. delegation, which also included Assistant Secretary of State Victoria Nuland; Deputy Assistant Secretary of State for Democracy, Human Rights, and Labor Robert Berschinski; Deputy Assistant Secretary of State for Central Asia Daniel N. Rosenblum; and Helsinki Commission Senior Senate Staff Representative Ambassador David T. Killion. The atmosphere was strained, as tensions between Ukraine and Russia, Russia and Turkey, and Armenia and Azerbaijan spilled over into the negotiations. As Russia blocked virtually all decisions on human rights, as well as on the migration crisis and on gender issues, only a handful of documents were adopted. Successful declarations addressed recent terrorist attacks in the OSCE region, combating violent extremism that leads to terrorism, and addressing the illicit drug trade.

  • OSCE Human Dimension Implementation Meeting 2015

    “The Human Dimension” is OSCE-speak for human rights, democracy, and humanitarian concerns.  When the Helsinki Final Act (HFA) was signed in Helsinki, Finland in 1975, it enshrined among its ten Principles Guiding Relations between participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the HFA included a section on cooperation regarding humanitarian issues that provided an umbrella for addressing (among other things) family reunification and working conditions for journalists. "The Human Dimension" was a term coined during the drafting of the 1989 Vienna Concluding Document to serve as shorthand to describe the human rights and humanitarian provisions of the agreements concluded within the framework of the Helsinki process. Today, it has come to include the OSCE’s watershed commitments on democracy, the rule of law, and free and fair elections. In any given year, the OSCE participating States address human dimension issues in multiple fora.  The Human Dimension Implementation Meeting – HDIM – attracts the largest number of participants, covers the greatest range of issues, and is open to participation by civil society. That work includes formal sessions on the full range of human rights  issues as well as rule of law, free elections, and democracy-building issues. National minorities, Roma, and tolerance and nondiscrimination are also on the agenda.  U.S. Delegation Led by David Kramer The 2015 HDIM was held September 21 to October 2 and drew 1,386 participants.  The U.S. delegation was led by David J. Kramer, Senior Director for Human Rights and Human Freedoms at the McCain Institute and former Assistant Secretary of State for Democracy, Human Rights, and Labor.  It also included U.S. Ambassador to the OSCE Daniel Baer; Deputy Assistant Secretary of State for Democracy, Human Rights and Labor Robert Berschinksi; Department of State Special Advisor for International Rights Judith Heumann; and Helsinki Commission Senior Senate Staff Representative Ambassador David T. Killion.  Helsinki Commission staff participated in all aspects of the delegation’s work. In addition to active engagement in the formal sessions, the United States participated in side events focused on specific countries or issues organized by civil society, OSCE participating States, or international organizations, and held numerous bilateral meetings with other delegations to raise and discuss human rights.  Special Advisor Heumann led a panel highlighting the importance of disability rights for OSCE countries as part of a U.S. side event cosponsored with Finland. Russia: External Aggression and Internal Repression During the HDIM, Russia’s aggression in and against Ukraine was raised in connection with almost every agenda item for the meeting.  The OSCE Office for Democratic Institutions and Human Rights (ODIHR) also issued a joint report prepared with the OSCE High Commissioner on National Minorities detailing widespread human rights violations in Russian-occupied Crimea.  Increasing levels of repression within Russia also were raised throughout the HDIM and served to highlight the relationship between external aggression and internal repression. In early 2015, Boris Nemtsov, an advocate for the rule of law and accountability in Russia and an outspoken Russian critic of the Russian government’s war against Ukraine, was gunned down just outside the Kremlin.  Russia’s increasingly repressive government has eroded the democratic institutions that ensure a government’s accountability to its people. A free and independent media is virtually nonexistent and the remaining state-controlled media is used to propagandize disinformation, fear, bigotry, and aggression. Azerbaijan’s Record Draws Sharp Criticism In 2015 Azerbaijan unilaterally shuttered the OSCE Mission in Baku, effectively blocked the OSCE’s independent election observation in October, and sentenced journalist-heroine Khadija Ismayilova to 7 ½ years in prison for reporting on government corruption.  The government of Azerbaijan has also escalated pressure against the family members of its critics, in a further effort to stifle dissent.  As a consequence, throughout the HDIM, Azerbaijan was the subject of singular attention and criticism. In one particularly sharp exchange with the moderator during the discussion of fundamental freedoms in the digital age, Azerbaijan challenged its critics to name at least 25 of an estimated 100 political prisoners.  A partial list – 25 names – is below. Abilov, Abdul Aliyev, Intigam Aliyev, Nijat Akhundov, Rashadat Guliyev, Araz Hasanov, Nasimi Hashimli, Parviz Hazi, Seymur Ismayilova, Khadija Jabrayilova, Valida Jafarov, Rasul Karimov, Fara Mammadli, Anar Mammadov, Hilal Mammadov, Igar Mammadov, Omar Mirkadirov, Rauf Ramazanov, Rashad Rustamov, Aliabbas Rustamzada, Ilkin Seyidov, Elnur Yagublu, Tofig Yunusov, Arif** Yunus, Leyla** Zakharchenko, Irina **Leyla and Arif Yunus have been released from prison since the HDIM but remain under house arrest.

  • What is the OSCE Doing in Ukraine?

    In Ukraine, the OSCE monitors the cease-fire, weapons withdrawal, and overall security situation in eastern Ukraine. In addition, the OSCE has observed local elections and reports on widespread human rights violations in Russian-occupied Crimea. Special Monitoring Mission (SMM) Mandate adopted by consensus on March 21, 2014 and extended until March 31, 2016 634 international monitors as of November 18, 2015 Posts daily updates at OSCE.org Has encountered episodes of hostage-taking and been fired upon OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk Mandate adopted by consensus on July 24, 2014 Gathers information and reports on the security situation at the two checkpoints Minsk Agreement Adopted September 5, 2014, by Russia, Ukraine, and Russian-backed separatists under OSCE auspices OSCE tasked with monitoring its implementation, including the cease-fire and weapons withdrawal Minsk II Adopted February 11, 2015 Continues work of Minsk agreement OSCE Election Observation Observed local elections in 2015 Joint report by ODIHR & HCNM on Russian-occupied Crimea ODIHR and HCNM report released September 17, 2015, identifies widespread human rights violations

  • Marking 20 Years Since the Signing of the Dayton Peace Accords

    Mr. SMITH of New Jersey. Mr. Speaker, November 21 will mark the 20th anniversary of the Dayton Agreement, which ended the conflict in Bosnia-Herzegovina from 1992 to 1995.  As a member and later Chairman of the Helsinki Commission, I remember those events vividly—many Bosnians and Serbs testified before the Helsinki Commission in the 1990s (including victims of human rights abuses and human rights defenders) and some have since played leading roles as elected officials. In 1991, Frank Wolf and I visited Vukovar in neighboring Croatia while it was still under siege. With a group of other Helsinki Commissioners and Members of Congress, I urged a decisive international response under U.S. leadership from the very beginning of the war. In 1995 we spearheaded a movement to lift the arms embargo on Bosnia, so that it would not present such an inviting target to Serb militias. Sadly the embargo was lifted too late for the Bosniaks in Srebrenica.  Just last month I met with a group of young Bosniaks belonging to Voices of the Bosnian Genocide. It was so moving to meet with these young people—many of them were from Srebrenica—and to learn how many of them had taken up work or study that sought to bring some good out of the horrors of 1995. Many studied human rights law, or conflict resolution, or medicine.  Their lives were shaped not only by Srebrenica but also by Dayton, which brought an end to the killing. Yet as public officials we have a responsibility to remember that robust action earlier in the conflict could have saved many more lives and produced better prospects for the future.  Twenty years later, this Dayton anniversary offers the opportunity to assess what has been achieved in Bosnia-Herzegovina. The agreement should rightly be remembered for restoring a peace that has held to this day, and for ensuring the sovereignty, unity and territorial integrity of Bosnia-Herzegovina. Dayton gave the country time to begin to heal from a horrific conflict infamous for ethnic cleansing and atrocities against innocent civilians, including the genocide at Srebrenica— which we remembered with the unanimous passage of House Resolution 310 this past July—as well as the shelling of Sarajevo and other urban centers, and the rape and death camps established by Serb militant forces at the beginning of their aggression. In this small country, over two million were displaced by the conflict, more than 100,000 were killed, and tens of thousands were raped or tortured. Scars made by crimes of this scale still remain.  Dayton was a central part of an effort that helped the international community transition from a world divided between East and West in order to meeting post-Cold War challenges, including the extreme and violent nationalism and its inherent hatred for others which manifested itself elsewhere in the Balkans and Europe. For the first time since World War II, an international tribunal was established to hold persons accountable for war crimes, crimes against humanity and genocide. Determining the fate of missing persons, using new technology such as satellite photography to locate mass graves and DNA testing to identify remains, became a priority. The NATO Alliance, previously confined to the borders of its member states, expanded its security role to operate ‘‘out of area,’’ first to restore peace and then to keep it. The Organization for Security and Cooperation in Europe also evolved to include significant field operations and new mandates ranging from election observation to police training. These developments remain relevant today.  As we commemorate the accomplishments of Dayton, Mr. Speaker, we also must remember that the people of Bosnia-Herzegovina must live in its wake. It is my hope that, at the 30th anniversary of the end of the conflict, Bosnia will have made more progress and we will have more to celebrate.

  • Helsinki Commission Chair Honored by Voices of the Bosnian Genocide

    WASHINGTON—Voices of the Bosnian Genocide honored Helsinki Commission Chair Rep. Chris Smith (NJ-04) on Thursday with an award recognizing his efforts to ensure that the genocide at Srebrenica is acknowledged. “It is moving to receive this award from young people, many of whom are survivors of the genocide or lost relatives at Srebrenica and are now working to promote human rights,” said Rep. Smith. “Today the international community is nearly unanimous when it proclaims that the Srebrenica massacre was a genocide, although shockingly, there are those who continue to deny that the policies of aggression and ethnic cleansing implemented by Serb forces meet that criteria.” For more than 20 years, Rep. Smith has worked tirelessly to see that the perpetrators of the horrific acts at Srebrenica and elsewhere in Bosnia-Herzegovina are punished and that closure is provided to survivors and victims’ families. In July 2015, Rep. Smith authored H. Res. 310 defining the Srebrenica massacre as a genocide, which was passed unanimously by the U.S. House of Representatives.   Voices of the Bosnian Genocide is a Seattle-based nonprofit organization devoted to raising awareness and educating the public about the genocide that took place in Bosnia-Herzegovina in the 1990s and the ongoing effects that the genocide is having on Bosnia and the world. The group is made up of individuals who are passionate about genocide education and prevention and human rights.

  • Helsinki Commission Briefing to Examine Serious Decline in Respect for Human Rights in Azerbaijan

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “The Rule of Law and Civil Society in Azerbaijan” Thursday, November 5 2:00PM Cannon House Office Building Room 311 The last two years have witnessed a precipitous decline in the respect for rule of law and human rights in Azerbaijan. Many independent civil society organizations have been forced to close due to onerous regulations, threats of intimidation, or the arrest of the organization’s leaders. Independent media has been severely curtailed or closed down. Opposition parties are harassed and often shut out of the election process. High-profile politicians are serving lengthy prison sentences on charges that many observers believe were politically motivated. This briefing will have a particular focus on the rule of law and how the government of Azerbaijan is using its judicial system to intimidate and imprison critics of the government. The briefing will also analyze the results of the November 1 parliamentary election and its implications for Azerbaijan’s future direction. The following panelists are scheduled to participate: Ambassador Richard Morningstar, US Ambassador to the Republic of Azerbaijan from July 2012 to August 2014 and Founding Director of the Global Energy Center, Atlantic Council Natalia Bourjaily, Vice President – Eurasia, International Center for Not-for-Profit Law Dinara Yunus, Daughter of imprisoned Azerbaijani human rights defenders Leyla and Arif Yunus

  • Helsinki Commission Chair Chris Smith Shines Light on Egregious Rule-of-Law Abuses by Russian Government

    WASHINGTON—At a Congressional hearing today, the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, spotlighted the many recent violations of the rule of law committed by the Russian government. “Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act,” said Helsinki Commission Chairman Rep. Chris Smith (NJ-04), who called the hearing. “At stake is the hard-won trust between members, now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails.” “Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act.  It appears these are not isolated instances.  In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments,” Smith continued. “[I also] question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms...[and recent government actions] demonstrate Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders.” Witness testimony highlighted case studies corresponding to each of the three dimensions of comprehensive security established by the Organization for Security and Cooperation in Europe (OSCE): politico-military security; economic and environmental security; and human rights and fundamental freedoms. Tim Osborne, executive director of GML Ltd., the majority owner of the now-liquidated Yukos Oil Company, said, “It is clear that the Russian Federation is not honoring its obligations and commitments under the rule of law or in a manner consistent with the Helsinki process.  Russia’s tendency, more often than not, has been to ignore, delay, obstruct or retaliate when faced with its international law responsibilities…Russia cannot be trusted in international matters and that even when it has signed up to international obligations, it will ignore them if that is what it thinks serves it best.” “Russia had engaged in the uncompensated expropriation of billions of dollars of U.S. investments in Yukos Oil Company,” observed former U.S. Under Secretary of State for Economic, Business and Agricultural Affairs Ambassador Alan Larson. “American investors—who owned about 12 percent of Yukos at the time of the expropriation—have claims worth over $14 billion, and they are entitled to compensation under international law even though they have no option for bringing claims directly against the Russian Federation.” Vladimir Kara-Murza, a well-known Russian activist and the coordinator of the Open Russia Movement, said, “Today, the Kremlin fully controls the national airwaves, which it has turned into transmitters for its propaganda…the last Russian election recognized by the OSCE as conforming to basic democratic standards was held more than 15 years ago.” “There are currently 50 political prisoners in the Russian Federation,” Kara-Murza continued. “These prisoners include opposition activists jailed under the infamous ‘Bolotnaya case’ for protesting against Mr. Putin’s inauguration in May 2012; the brother of anti-corruption campaigner Alexei Navalny; and Alexei Pichugin, the remaining hostage of the Yukos case.” “A clear pattern emerges when one looks at Russia’s implementation of its arms control obligations overall,” observed Stephen Rademaker, former Assistant Secretary of State for Arms Control and International Security and Nonproliferation. “Should Moscow conclude such agreements have ceased to serve its interest, it will ignore them, effectively terminate them, violate them while continuing to pay them lip service, or selectively implement them…Russia believes that this is how great powers are entitled to act, and today Moscow insists on acting and being respected as a great power.” Chairman Smith was joined at the hearing by a panel of lawmakers including Commission Co-Chairman Senator Roger Wicker (MS) and Representative Robert Aderholt (AL-04).

  • Bipartisan Congressional Delegation Represents US at OSCE Parliamentary Assembly; Also Visits Ukraine, Czech Republic

    Forty years after the signing of the Helsinki Final Act established the precursor to today’s Organization for Security and Cooperation in Europe (OSCE), five members of the Helsinki Commission and four other members of Congress traveled to the OSCE Parliamentary Assembly Annual Session in Helsinki to demonstrate the U.S. commitment to confronting Russian aggression in Ukraine and elsewhere. Led by Commission Co-Chairman Senator Roger F. Wicker (MS), the bicameral, bipartisan delegation organized by the Helsinki Commission included Commission Chairman Representative Chris Smith (NJ- 04); House Commissioners Robert B. Aderholt (AL-04), Steve Cohen (TN-09) and Alan Grayson (FL-09); and Representatives Gwen Moore (WI-04), Michael Fitzpatrick (PA-08), Richard Hudson (NC-08) and Ruben Gallego (AZ-07). Before attending the Annual Session from July 5 to 7, several members of the delegation also visited Ukraine and the Czech Republic. A central concern to the delegation throughout the trip was Russia’s restrictions on democracy at home and aggression in Ukraine, along with Russia’s threat to European security.

  • Helsinki Commission Chair Deplores Attack on Serbian Prime Minister during Srebrenica Commemoration

    WASHINGTON—Following the stone-throwing attack on Serbian Prime Minister Aleksandar Vucic at Saturday’s ceremony commemorating the 20th anniversary of the Srebrenica genocide, Helsinki Commission Chair Rep. Chris Smith (NJ-04) issued the following statement: “Such violence is unworthy of the memory of the thousands of innocent civilians who were massacred in the genocide 20 years ago. Prime Minister Vucic’s attendance at the ceremony demonstrated a willingness to seek reconciliation and learn from the past.  I add my voice to those who have condemned the mob attack in the strongest possible terms and I urge the Bosnian authorities to take the necessary steps to apprehend and prosecute those responsible.” Rep. Smith is the author of the recently passed H. Res. 310, which affirms that the policies of aggression and ethnic cleansing implemented by Serb forces at Srebrenica constituted genocide, and condemns statements denying that the massacres meet the definition of genocide. Since 1995, Rep. Smith has worked to see that the perpetrators of the horrific acts at Srebrenica are punished and that closure is provided to survivors and victims’ families.

  • Urging Passage of H. Res. 310

    Madam Speaker, this week, the world pauses to remember and reflect on the Srebrenica genocide, horrific acts of brutality, wanton cruelty, and mass murder committed in Srebrenica beginning July 11, 20 years ago. This week, we pause to honor those brave Bosniaks who suffered and died, victims of genocide. This week, the people in the United States and men and women of goodwill throughout the world again extend our deepest condolences and respect to the mothers and surviving family members who have endured unspeakable sorrow and loss that time will never abate. And this week, the international community must recommit itself to justice, once and for all, for those who perpetrated these heinous crimes. Today, Ratko Mladic and Radovan Karadzic are incarcerated, awaiting final disposition of their cases before the International Tribunal for the former Yugoslavia for multiple counts of genocide, crimes against humanity, and violations of laws and customs of war. Twenty years ago, Madam Speaker, an estimated 8,000 people were systematically slaughtered by Bosnian Serb soldiers in the United Nations-designated “safe haven” area of Srebrenica. They killed Muslim women and children, but especially sought out and murdered adult males in that area. These brutal killings were not committed in battle. They were committed against people who were unarmed and helpless and who had been repeatedly assured by Dutch peacekeepers that they would not be harmed if they surrendered. The evidence is overwhelming that the executions were committed with the specific intention of destroying the Bosnian Muslim population of that area. This intention is the central element in the crime of genocide. The U.N. peacekeeping forces in Srebrenica were charged with enforcing Security Council Resolution 836, which had pledged to defend the safe areas with “all necessary means, including the use of force.” But when the moment of truth came, the U.N. forces offered only token resistance to the Serb offensive. Their military and political commanders had redefined their primary mission not as the protection of the people of Srebrenica, but as the safety of the U.N. forces themselves. When Bosnian Serb Commander Ratko Mladic threatened violence against the blue- helmeted soldiers here is the way one of those soldiers described the reaction. And I quote him: ‘‘everybody got a fright. You could easily get killed in such an operation. As far as I knew, we had not been sent to Srebrenica to defend the enclave, but, rather, as some kind of spruced-up observers.’’ So that is what the peacekeepers became: observers to genocide. Soon they became something more than observers: enablers. On July 13, the Dutch blue-helmet battalion handed Bosnian Muslims who had sought safety within the U.N. compound over to the Serbs. They watched as the men were separated from the women and children, a process which was already well known in Bosnia—it was at the time—as a sign that the men were in imminent danger of being executed. These men were never heard from again. At one congressional hearing I chaired in March of 1998—and I had six of them— Hasan Nuhanovic, the indigenous translator working for the U.N. peacekeepers in Srebrenica, testified. He was there in the room. Hasan lost his family in the genocide. He was there when Mladic and the commanders of the Dutch peacekeepers talked about the terms. Here is what he told my panel, in part: “On July 12, the day before the fall of Srebrenica, the Bosnian Serb Army commander, General Ratko Mladic, requested a meeting with the Dutchbat commander, Lieutenant Colonel Karemans, and local representatives of Srebrenica in the nearby town of Bratunac outside the enclave . . . During the meeting, Mladic assured the Dutch and local delegation that no harm would come to the refugees in Potocari . . . “Upon returning to the camp, three local representatives are ordered by Dutchbat deputy commander, Major Franken, to prepare a list of all males, all men and boys between the ages of 16 and 65 among the refugees inside and outside the camp. The list of the males among the 6,000 inside the camp was completed the same day . . . “On July 13, the Dutch ordered 6,000 refugees out of the Potocari camp. The Serbs were waiting at the gate, separating all males from the women and children. Major Franken stated that all the males whose names were on the list would be safe . . . I watched my parents and my brother being handed over to the Serbs at the gate. None of them have been seen since. “I want to explain here that the people hoped that the Dutch were going to protect them, the U.N. peacekeeping troops and all other members of all other organization who were present in Srebrenica who were inside the camp, the people hoped that they would be protected, but the Dutch soldiers and officer gave no other option to the refugees but to leave. So the refugees inside were told to leave without any other choice. My family was told on the evening of 13 July that they should leave. About 6 p.m., there were no more refugees inside the camp. “I don’t know if this is the topic of the meeting or hearing, but the same night the Dutch soldiers had a party inside the camp because they received two or three trucks full of beer and cigarettes. They played music while I was sitting, not knowing what happened to my family.” As he went on to say later, they had all been slaughtered. In July of 2007, Madam Speaker, I visited Srebrenica, where, together with my good friends President Haris Silajdzic and the Grand Mufti of Bosnia, Reis Ceric, I spoke at a solemn memorial service and witnessed the internment of hundreds of wooden coffins of newly discovered victims of the genocide. It was a deeply moving experience to see 12 years then after the genocide— now it is 20 years—families still grieving loved ones whose bodies were being identified, often miles from the killing sites, as Serb forces, trying to hide the evidence of their crimes, moved the bodies of their victims. For the record, 10 years ago—in 2005— the House of Representatives overwhelmingly passed H. Res. 199, which I authored, which clearly and unambiguously condemned the Srebrenica massacre for what it was: genocide. That resolution was a landmark in the recognition of the Srebrenica massacre as a genocide. Two years later the verdict of the International Court of Justice found the same, in confirming the ruling of the International Criminal Tribunal for the former Yugoslavia. Today the international community is nearly unanimous when it proclaims that the Srebrenica massacre was a genocide. The resolution today, of course, supports that as well. Astonishingly, Madam Speaker, there are some genocide deniers. That is why this resolution condemns statements that deny that the massacre at Srebrenica constituted genocide. Just last weekend Milorad Dodik, the president of Republika Srpska, asserted that the Srebrenica genocide is a lie. Madam Speaker, just as it is doing in Ukraine, Russia is utilizing misinformation and historical revisionism in an attempt to destabilize Bosnia and the Balkan region. Today Russia vetoed a British U.N. Security Council resolution that reaffirms that Srebrenica was a genocide. Russia has encouraged Serbia itself to protest the resolution and emboldened genocide denialism in the Republika Srpska, one of Bosnia’s two constituent entities. Madam Speaker, this resolution also encourages the administration to fulfill other neglected responsibilities. In particular, it urges the Atrocities Prevention Board to study the lessons of Srebrenica and issue informed guidance on how to prevent similar incidents from recurring in the future. As you may know, the Atrocities Prevention Board is a U.S. interagency committee established by the administration in 2012 to flag potential atrocities. However, since its creation, the board has been marked by inaction and a complete lack of transparency. This is unacceptable, especially as conflicts with disturbing parallels to Bosnia before the genocide continue to fester in Syria, the Central African Republic, Burma, and in Burundi. Africa, in particular, would stand to benefit from a more active board. The conflict in Burundi is currently at a tipping point, and it absolutely needs attention.  Madam Speaker, despite the need for much greater atrocities prevention in U.S. policy, there have been many promising developments in the Balkan region, and this needs to be underscored. In particular, I would note that Serbia today is not the Serbia of the Slobodan Milosevic era. That era was marked by nationalist aggression against neighboring countries and peoples, as well as considerable repression at home. One of those who testified at one of my hearings on Serbia, Curuvija, a great young leader, was murdered on the second day after our bombing began by Serbian people. And the persons who did that have now been held to account. So what has happened there—thankfully, there have now been significant changes in Serbia. I want to thank my colleagues. I do hope we will have a strong show of support for this resolution. I reserve the balance of my time.

  • Helsinki Commission Chair Introduces Resolution Marking 20th Anniversary of Srebrenica Genocide

    WASHINGTON—Ahead of the 20th anniversary of the atrocity committed at Srebrenica in Bosnia and Herzegovina in July, Helsinki Commission Chair Rep. Chris Smith (NJ-04) today introduced a resolution to affirm that the policies of aggression and ethnic cleansing implemented by Serb forces in that country constituted genocide as well as to condemn statements denying that the massacres meet the definition of genocide. The resolution has 28 original co-sponsors, 14 Republicans and 14 Democrats. H. Res. 310 urges the Atrocities Prevention Board—an interagency organization charged with helping the U.S. government identify and address atrocity threats—to issue guidance on preventing future genocides, and encourages the United States to continue to support the independence and territorial integrity of Bosnia and Herzegovina, as well as peace and stability in southeastern Europe as a whole. This comes as part of a broader effort to push the Obama Administration to take atrocities prevention seriously. “The thousands of innocents who were brutally slaughtered at Srebrenica deserve our remembrance of the tragedy for what it was: genocide,” said Rep. Smith. “The international community must ensure the perpetrators are held accountable for their actions, and study the lessons of Srebrenica with the aim of preventing future atrocities, particularly in current conflicts in the Central African Republic, Burundi, and Syria. In addition, we must continue to uphold the right of all people in Bosnia and Herzegovina and throughout the Balkans today—no matter their ethnic or religious background—to enjoy the benefits of democracy, the rule of law, and economic opportunity.” The July 1995 massacre at Srebrenica was one of the worst atrocities to occur in the conflict in Bosnia and Herzegovina between April 1992 and November 1995, during which period more than 2,000,000 people were displaced, more than 100,000 were killed, and tens of thousands were raped or otherwise tortured and abused. In addition to being the primary victims at Srebrenica, individuals with Bosniak heritage comprise the vast majority of the victims during the conflict in Bosnia and Herzegovina as a whole, especially among the civilian population.

  • Chairman Smith Urges OSCE Leaders: Respond to Humanitarian Needs in Eastern Ukraine

    WASHINGTON—A renewed effort is underway in the Organization for Cooperation for Security and Cooperation in Europe (OSCE) to urge it to respond to humanitarian needs in eastern Ukraine, and to follow through on OSCE commitments to fight human trafficking and anti-Semitism. Rep. Chris Smith (NJ-04) led the U.S. Delegation to the annual Winter Meeting of the OSCE Parliamentary Assembly (OSCE PA) last week in Vienna, where he spearheaded this push. Smith expressed particular concern about the potential for human trafficking of vulnerable groups stemming from the current conflict in Ukraine. In a question to Ivica Dačić, the OSCE’s Chairman-in-Office for 2015 and the Foreign Minister of Serbia, Smith drew attention to the needs of internally displaced persons and the potential for human trafficking in eastern Ukraine. He noted that, among the nearly one million internally displaced persons, woman and children are particularly vulnerable to trafficking, and raised concerns that criminal gangs are taking advantage of the conflict:   “Is the OSCE equipping the special monitoring mission and other OSCE entities working in the Ukraine conflict zone, or with IDPs, to recognize and protect human trafficking victims, and is the OSCE taking trafficking prevention measures for this particular vulnerable population?” At a private meeting during the event, Chairman Smith met with Chairman-in-Office Dačić  to discuss the humanitarian, human rights, and security concerns arising from the Russian-backed conflict in eastern Ukraine. Smith encouraged Serbia to vigorously uphold the commitments made at the at the 10th  anniversary of the OSCE's Berlin Conference on anti-Semitism, and to review and reform the OSCE’s contracting regulations to ensure that OSCE activities do not contribute to trafficking in persons. He also urged Chairman-in-Office Dačić to promote an appropriate commemoration by the OSCE of the 20th anniversary of the Srebrenica genocide. Chairman Smith also met the Director of the OSCE’s Office of Democratic Institutions and Human Rights, Michael Georg Link. In addition to human trafficking and anti-Semitism, the two discussed OSCE election observation missions, as well as the organization’s current efforts to protect freedom of religion. In a meeting with Ambassador Madina Jarbussynova, the OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings, Chairman Smith spoke about the most effective ways to fight human trafficking and assist with the rehabilitation of trafficking victims – including by working with faith-based organizations, as well as by encouraging participating States to adopt legislation preventing child sex tourism, such as Chairman Smith’s legislation currently pending in the U.S. Senate. Chairman Smith has pioneered OSCE engagement in fighting human trafficking and anti-Semitism. Since 2004, he has served as the OSCE PA’s Special Representative on Human Trafficking Issues – click here to read his most recent report. Starting in 2002, Smith led the movement to put anti-Semitism on the agenda of the OSCE, and he continues to work closely with Rabbi Andy Baker, the OSCE’s Representative on Combating Anti-Semitism, to ensure a more vigorous implementation of OSCE commitments in the area. In 2005 Smith authored H. Res. 199, a landmark congressional resolution recognizing the atrocity at Srebrenica in which an estimated 8,000 civilian men and boys were murdered by Serb forces as a genocide.

  • Chairman Smith and Rep. McGovern Introduce “Global Magnitsky Human Rights Accountability Act”

    WASHINGTON—Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, and Rep. Jim McGovern (MA-02), today introduced the “Global Magnitsky Human Rights Accountability Act” (H.R. 624). The bill prohibits foreign human rights offenders and corrupt officials operating anywhere in the world from entering into the United States and blocks their U.S. assets. It effectively globalizes and strengthens the “Sergei Magnitsky Rule of Law Accountability Act of 2012,” which was directed at individuals and entities from Russia. “The ‘Global Magnitsky Human Rights Accountability Act’ is a game-changer, and demonstrates America’s commitment to protecting human rights worldwide,” said Chairman Smith. “We are sending a message to the world’s worst human rights violators:  we will shine a spotlight on your crimes. We will deny your visas. We will freeze your assets. No matter who you are or how much money you have, you won’t be enjoying the fruits of your misdeeds by visiting the United States or taking advantage of our financial institutions.” “We have made important progress in the last few years,” Rep. McGovern said.  “But since the introduction of the original Magnitsky Act, human rights defenders and anti-corruption activists worldwide have urged us to pass a law that covers similar violations in countries other than Russia.  Through the Global Magnitsky Act, we can better standardize our approach to human rights violators and provide clear guidance to the executive branch on how we expect these perpetrators to be held accountable.” “Conscripting child soldiers, kidnapping political opponents, and brutalizing people based on their religion are horrifying acts for which people must be held accountable – and this bill will do it,” said Chairman Smith. “The earlier Magnitsky Act enjoyed overwhelmingly bipartisan support in both the House and the Senate. I expect the Global Magnitsky Act to move forward with the same level of commitment in both chambers, and on both sides of the aisle.” Earlier this week, Senators Ben Cardin (MD) and John McCain (AZ) introduced similar legislation in the Senate, which also applies worldwide and employs visa bans and property freezes. Unique aspects of the House bill include the requirement that the President impose sanctions if he or she determines that a foreign person has committed gross human rights offenses. The bill also permits the President to sanction perpetrators regardless of whether the victims were exercising or defending basic human rights; requires that the annual Global Magnitsky List be released each year on Human Rights Day; and directs the Comptroller General to assess and report on implementation. Both the “Global Magnitsky Human Rights Accountability Act” and the earlier “Sergei Magnitsky Rule of Law Accountability Act of 2012” were inspired by Russian lawyer Sergei Magnitsky, who was arrested and imprisoned by the Russian government following his investigation into fraud involving Russian officials. He was beaten to death by prison guards in 2009 after being held in torturous conditions for 11 months without trial. Summary: The “Global Magnitsky Human Rights Accountability Act” This act requires the President to publish and update a list of foreign persons or entities that the President determines are responsible, and who the President has sanctioned, for gross violations of internationally recognized human rights – including extrajudicial killings, torture, enforced disappearances, and prolonged, arbitrary detention – or significant corruption. Known as the Global Magnitsky List, the list will be due annually on December 10 (Human Rights Day). Although the bill directs the President to prioritize cases where the victims were seeking to exercise or defend internationally recognized human and rights and freedoms, like freedom of religious, assembly, and expression, or expose illegal government activity, the President can act regardless of the victim. Sanctions on these individuals and entities will include: Prohibiting or revoking U.S. visas or other entry documentation for foreign individuals. Freezing and prohibiting U.S. property transactions of a foreign individual or entity if such property and property interests are in the United States; come within the United States; or are in, or come within, the control of a U.S. person or entity. This act also requires the Comptroller General of the United States to assess the implementation of the law and report to Congress, so that Congress can ensure it is being executed fully.

  • Ukraine's Pivotal Parliamentary Poll

    Hon. Michael Burgess, a member of Congress from the state of Texas, presided the briefing on Ukrainian parliamentary elections, an important moment for the future of the State. Ukraine faced significant internal challenges, such as overcoming the institutional corruption which had so debilited the country, reforming the system of governance, getting the economy back on track and tracking the dire humanitarian situation resulting from the war and other challenges. Hon Burgess was joined by four distinguished panelists, all seasoned experts with long years of exeperience working with Ukraine: Olha Aivazovska, Katie Fox, Stephen Nix, and Gavin Weise.

  • Helsinki Commission to Hold Public Briefing on Ukrainian Elections

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the following public briefing: “Ukraine’s Pivotal Parliamentary Poll” Friday, November 14, 2014 2:00PM – 3:30PM Dirksen Senate Office Building Room 608 On October 26, Ukraine held early parliamentary elections that international observers—including the Organization for Security and Cooperation in Europe—assessed as largely positive, with the exception of the disenfranchisement of voters in Russian-occupied Crimea and southeastern Ukraine. The elections, which swept into power Ukraine’s most pro-Western parliament in history, represented a critical milestone in the country’s democratic evolution.   Experts from three major organizations with decades of on-the-ground experience in Ukraine will examine the conduct and results of the elections, as well as the potential for the newly elected parliament to confront the coming challenge of forging a democratic, secure, independent future for their strategically important country. The following panelists are scheduled to participate: Olha Aivazovska, Board Chair, Ukrainian citizen network OPORA Katie Fox, Deputy Director, Eurasia, National Democratic Institute Stephen Nix, Director of Eurasia, International Republican Institute Gavin Weise, Deputy Director, Europe and Eurasia, International Foundation for Electoral Systems

  • U.S. Helsinki Commission Congratulates Ukraine on Successful Parliamentary Election

    WASHINGTON—Following the successful parliamentary election in Ukraine on October 26, Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, and Rep. Chris Smith (NJ-04), Co-Chairman of the Commission, issued the following statement: “We congratulate the people of Ukraine on yesterday’s parliamentary election. According to election observers, including those from the Organization for Security and Cooperation in Europe, the election was held in accordance with international norms and upheld Ukraine’s democratic commitments to its citizens.   Unfortunately, voters in many parts of Donetsk and Luhansk were prevented from exercising their democratic rights through the interference of illegal armed groups. In addition, no voting took place on the Crimean peninsula due to its illegal annexation by the Russian Federation earlier this year. Although this casts no doubt on the validity of the overall election, we are reminded that citizens in Ukraine still face serious challenges – both internal and external – as they work to build a stable, independent, and prosperous democracy.   The U.S. will continue to stand with the Ukrainian people and the new Ukrainian government as they forge ahead with their courageous and determined efforts to foster democracy, human rights, and the rule of law in Ukraine.”

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