Title

The Conflict in Yugoslavia

Thursday, October 31, 1991
2:00pm
628 Dirksen Senate Office Building
Washington, DC
United States
Members: 
Name: 
Hon. Steny Hoyer
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Dennis DeConcini
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Christopher H. Smith
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Frank R. Wolf
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Alfonse M. D'Amato
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Ralph R. Johnson
Title: 
Deputy Assistant Secretary for European and Canadian Affairs
Body: 
Department of State
Name: 
John R. Lampe
Title: 
Director of East European Studies
Body: 
The Wilson Center

The purpose of this hearing was to bring greater clarity to the situation in Yugoslavia and to discuss the effectiveness of the international response to date, especially in the CSCE, and how that response could be made more effective. The hearing witnesses, Principal Deputy Assistant Secretary for European and Canadian Affairs Ralph Johnson and Director of East European Studies at the Wilson Center Dr. John Lampe, gave astute assesments of the situation in the region and commented on policy options before the Congressmembers.

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    Europe is experiencing an enormous refugee crisis. An estimated half a million migrants and refugees have crossed the Mediterranean to Europe so far in 2015; as many as 50 percent are Syrian refugees.  Thousands more join them each day, and many of the European nations of the Organization for Security and Cooperation in Europe (OSCE) are struggling to cope.

    As the regional security organization in Europe, how can the OSCE use its tools, standards, and commitments to help manage the humanitarian crisis and ensure that security and economic challenges are addressed? What has the US government done, and what should it be doing? The hearing will examine the reasons for the current crisis; relevant OSCE and other European agreements, commitments, and structures; the response of the OSCE, the EU, and the US; potential security issues related to the ability of extremists to infiltrate the refugee stream; and the potential for refugees to become victims of human trafficking.

  • 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.

  • Unequivocal Support for Israel

    Mr. Speaker, I’d like to thank my colleague, Mr. Stewart, for reserving this time to send a message of vigorous, unequivocal, and unflinching U.S. support for Israel. Mr. Speaker, on the eve of Prime Minister Netanyahu’s historic address, we have to join his efforts to set the focus on the existential, genocidal threat Iran poses to Israel. We have to be realistic about Iranian President Rouhani because many in the media – and some in the administration – have been reluctant to do that. Rouhani has a long history of murderous anti-Semitism and anti-Americanism. The corpses are all over the globe.  Rouhani chaired Iran’s National Security Council from 1989 to 2005 – the years when Iran plotted the 1994 bombing of the AMIA Jewish cultural center, which killed 85 people in Buenos Aires. The 1996 attack on the Khobar Towers was also under his tenure – this one killed 19 U.S. servicemen in Saudi Arabia. He continues to support the global terrorism of Hezbollah. Likewise, Rouhani’s defense minister, Hossein Dehghan, participated in plotting the 1983 U.S. Marine barracks bombing in Beirut – this crime took the lives of 241 Americans, including Paul Innocenzi from my district. His Justice Minister, Mostafa Pour-Mohammadi, played a role in 1988 and 1998 in the summary executions of Iranian political prisoners and killings of intellectuals, as well as assassinations abroad. Mr. Speaker, this is the man that our government and Prime Minister Netanyahu are dealing with. For 16 years Rouhani ran Iran’s nuclear program. He has boasted openly of his success in using negotiations as a tool to buy time to advance his program. The question before us is whether the agreement President Obama is trying to close with Rouhani is yet another deal favorable to the Iranian government, allowing it to move the hand on the nuclear clock yet closer to midnight. There are many signs that this is the case. Most reports on the negotiations are that the administration is not trying to prevent a nuclear Iran, but only to preserve some “breakout time”  - yet will not require the kind of transparency to make even that a remotely reliable measure. Even worse, it seems the administration is prepared to accept a “sunset clause” – a date after which Iranian nuclear arms would be completely legitimated. And the deal being crafted reportedly ignores Iran’s ballistic missile program. All this amounts to a potential catastrophe. Unfortunately, the administration seems to have telegraphed its determination to get a deal with Rouhani – almost any deal – and to shut Congress out. This is why I am concerned, and why we in Congress and the American people need to hear all the more from Prime Minister Netanyahu. Let’s let the Prime Minister know that Congress and the American people stand with Israel, without any ‘ifs,’ or ‘buts,’ or ‘so long as,’ or any other qualifiers, and without any illusions about the murderous and manipulative intentions of Rouhani. I’d like to close by thanking Speaker Boehner for inviting Prime Minister Netanyahu.

  • Chairman Smith and Serbian Foreign Minister Support OSCE Role in Promoting Peace in Ukraine

    WASHINGTON–On February 25, Rep. Chris Smith (NJ-04), Chairman of the Helsinki Commission, held a hearing at which Ivica Dacic, the Foreign Minister of Serbia and Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE), testified as to his plans for Serbia’s 2015 leadership of the OSCE. The chief issue facing the organization is Russia’s invasion of Ukraine and the humanitarian needs of the people of eastern Ukraine, including the OSCE’s role in monitoring the Minsk cease-fire agreement. Both Russia and Ukraine are among the 57 member states of the OSCE, the world’s largest regional security organization. Opening the hearing, Chairman Smith said that Foreign Minister Dacic’s leadership of the OSCE “comes at a moment of tragedy, of tremendous human suffering.” Smith emphasized that “one OSCE member – the Russian government – is tearing the heart out of a neighboring member, Ukraine.” “Understanding that the OSCE is a consensus organization – meaning that the Russian government has an effective veto over many significant actions – we believe that the OSCE is still able and responsible to speak the truth about the conflict, to find ways to limit it, and to help the people of Ukraine,” he said. Foreign Minister Dacic emphasized that “the Serbian Chairmanship will make every effort to help restore peace in Ukraine.” In its role as Chairman of the OSCE, Dacic said, “Serbia brings to the table good relations with all the key stakeholders, and we are making every effort to serve as an honest broker and use our leadership role to utilize the OSCE toolbox impartially and transparently.” Foreign Minister Dacic also discussed the fight against human trafficking and anti-Semitism with Chairman Smith.  Other members of the Helsinki Commission participating in the hearing included Senator Ben Cardin, and Congressmen Joe Pitts, Alcee Hastings, and Steve Cohen.

  • 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.

  • Serbia's Leadership of the OSCE

    In 2015 Europe was faced with a number of security and human rights concerns, especially with regard to Russian aggression in Ukraine. In this hearing, OSCE Chairman-in-Office Ivica Dačić testified to several Commissioners about Serbia's plans for leadership of the OSCE in 2015. He noted that in addition to persistent efforts supporting Ukraine's security and territorial integrity, they would place a special emphasis on strengthening rule of law, freedom of expression, and freedom of the media. Mr. Dačić also emphasized that the active engagement of the United States within the OSCE is critical to the organization's effectiveness.

  • Serbian Minister of Foreign Affairs to Testify at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Serbia’s Leadership of the OSCE” Wednesday, February 25, 2015 2:30PM Rayburn House Office Building Room 2200 Serbia’s 2015 Chairmanship-in-Office of the 57-nation Organization for Security and Cooperation in Europe (OSCE) comes at a pivotal point in European security. The OSCE, a regional security organization based known for its work in promoting democracy, human rights, and the rule of law, operates on the front lines of Russia-Ukraine conflict and seeks to counter backsliding on human rights in other countries of the OSCE region.   Serbia’s First Deputy Prime Minister and Minister of Foreign Affairs, H.E. Ivica Dačić, will testify before the Helsinki Commission in his capacity as Chairman-in-Office of the OSCE. He takes the helm to conclude the implementation of a joint leadership plan developed with Switzerland, which chaired the OSCE in 2014. Minister Dačić is expected to discuss the Serbian Chairmanship-in-Office’s priorities, including resolution of the conflict in and around Ukraine; reconciliation and cooperation in the Western Balkans; reforming security sector governance; combating transnational threats, including foreign terrorist fighters, terrorism, and cyber-security; safeguarding journalists; fostering freedom of expression, assembly, and association; combating organized crime and its linkages to human trafficking; combating corruption; and improving water governance. He will also provide insights regarding the ongoing work of the OSCE.

  • 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.

  • U.S. Helsinki Commission Chair Notes Challenges, Need for Action on International Human Rights Day

    WASHINGTON—To mark International Human Rights Day, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: "It has been a difficult year for those of us who are active in human rights in the OSCE region. Russia’s invasion of Ukraine has flagrantly violated the principles enshrined in the Helsinki Final Act, exacerbated regional security, and further revealed the weaknesses of Russia’s own democracy .  The space for civil society – the guardians of the rule of law and fundamental freedoms – is shrinking in more than a few of our participating States, including Russia, Azerbaijan, and Hungary, breeding abuse of power and corruption. We have been appalled by violent anti-Semitic attacks and a rising tide of intolerance across the OSCE region against minorities and other vulnerable populations.  Uzbekistan holds the world’s longest-imprisoned journalist, who languishes alongside of thousands of political prisoners. "Clearly, the challenges for the countries of the OSCE are as great as ever.  We look forward to supporting Serbia’s 2015 chairmanship of the OSCE, which offers an opportunity both for the country and for the organization. As the effective successor to the only country to be suspended from the Helsinki process, Serbia is a concrete example of how a country can turn things around and how the OSCE can contribute. "In particular, we urge Serbia to build on decisions adopted at last week's Basel Ministerial Council on combating anti-Semitism and corruption.  These are challenges faced by virtually every OSCE participating State. We hope that Serbia will move forward with conviction to support these initiatives and to defend and advocate for the Helsinki principles throughout the region." December 10, International Human Rights Day, celebrates the adoption of the Universal Declaration on Human Rights by the UN General Assembly on December 10, 1948.

  • U.S. Helsinki Commission Welcomes Candidacies of Germany, Austria for Future OSCE Chairs

    WASHINGTON—On November 4, Germany formally announced its candidacy for the 2016 chairmanship of the Organization for Security and Cooperation in Europe (OSCE), followed by Austria, which announced its candidacy for the 2017 chairmanship. In response, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe and Representative Chris Smith (NJ-04), Co-Chairman of the Commission, issued the following joint statement: “We welcome the initiative demonstrated by the German and Austrian governments during a pivotal moment in the history of the OSCE. The leadership of these nations, which have been committed to the Helsinki Process from the very beginning, will be vital. We thank them in advance for their willingness to lead and for their drive to advance the cause of human rights, democracy, and international cooperation among our participating States.” The OSCE Chairmanship rotates annually among the 57 participating States, and is decided by consensus. The post of the Chairperson-in-Office (CiO) is held by the Foreign Minister of the participating State selected to hold the Chairmanship. The CiO is assisted by the previous and succeeding Chairpersons; the three of them together are known as the Troika, which ensures continuity and consistency in the OSCE’s work. Switzerland currently holds the OSCE Chairmanship, and Serbia will assume the OSCE Chairmanship in January 2015.

  • Helsinki Commission on Opening of Europe’s Largest Human Rights Meeting

    WASHINGTON—U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and Representative Chris Smith (NJ-04), Co-Chairman of the Commission, released the following statement ahead of the Organization for Security and Cooperation in Europe (OSCE) annual high-level meeting on human rights. From September 22-October 3, civil society and government representatives of OSCE participating States will gather in Warsaw, Poland, for the annual Human Dimension Implementation Meeting to discuss compliance with the full range of OSCE human dimension commitments, with special focus on migrant rights, minority issues, and combating violence against women and children. “The Human Dimension Implementation Meeting takes place while Russian aggression in Ukraine continues to threaten basic OSCE principles. I expect this will be a major focus of the meeting, as well as Russian actions at home that are cynically rolling back the ability of civil society to comment on or contribute to how that country functions," said Chairman Cardin. "I am pleased that Professor Brian Atwood will head the U.S. Delegation at this critical time. The promises OSCE states made to one another almost 25 years ago, that respect for human rights within any country is a matter of concern for all states, has guided us and must continue to do so. I also welcome the leadership of the U.S. Ambassador to the OSCE, Daniel Baer, who will be taking a high-level study group to the Auschwitz-Birkenau death camp." Co-Chairman Smith said, “The Russian government’s gross human rights violations in Ukraine must be a central topic of discussion at the Human Dimension meeting. HDIM is an indispensable tool for holding states accountable to OSCE commitments and most effective when both government and civil society representatives have equal opportunity to debate each state’s human rights record.  One issue that states and civil society must discuss this year in Warsaw, and at the OSCE “Berlin Plus 10” anti-Semitism conference in November, is the alarming rise of anti-Semitic incidents in the OSCE region.  The OSCE must also continue to combat trafficking in human beings, including through fulfilling commitments taken last year to train transportation workers to identify possible victims and to improve law enforcement information sharing internationally on potential sex tourists. Commitments are made to be kept.”

  • Co-Chairman Smith and Rep. Keating Introduce Resolution Supporting Progress and Reform in Bosnia

    WASHINGTON— U.S. Representative Chris Smith (NJ-04) introduced House Resolution 746 expressing support for the people of Bosnia as they prepare for elections on October 12, and for reforms that will enhance the country’s prospects for Euro-Atlantic integration.  “Nineteen years after the Srebrenica genocide and the Dayton Peace Accords, ethnic divisions have hardened as a generation has grown up under a system that classifies people into one of three ethnic communities, and diminishes the rights of anyone that doesn’t belong to one of those communities,” observed Rep. Smith, Co-Chairman of the U.S. Helsinki Commission and Chairman of the Human Rights subcommittee of the House Foreign Affairs Committee.  “As the people of Bosnia prepare to go to the polls, they should know the United States Congress supports their aspirations to have effective government institutions that serve them rather than perpetuate political stalemate, so that their country can advance toward Europe with its neighbors rather than fall further behind.” Rep. Bill Keating (MA-09) joined Co-Chairman Smith as the lead Democratic co-sponsor of the measure. “More Western Balkan states have been moving forward with their European Union and NATO aspirations while mitigating interethnic conflicts through the use of dialogue and negotiation, instead of brutality and division. In this way, the upcoming elections in Bosnia and Herzegovina present an opportunity for Bosnians to make their voices heard and demonstrate their willingness to pursue a peaceful and productive future,” said Rep. Keating, Ranking Member of the House Subcommittee on Europe, Eurasia, and Emerging Threats. “This resolution should serve as a strong indication that Members of Congress remain committed to Bosnia and Herzegovina’s path forward and will continue to urge the political leadership of that country to refrain from the divisive rhetoric and policies of the past in order to allow for all Bosnians to progress along with their Balkan peers.” House Resolution 746 expresses support for the people of Bosnia and Herzegovina as they seek to hold government officials accountable, prepare for elections at the state, entity and cantonal level, and consider constitutional or other reforms to enhance the country’s prospects for European and Euro-Atlantic integration. The Dayton Peace Accords, brokered by the international community with U.S. leadership in late 1995, ended a more than 3-year conflict in Bosnia and Herzegovina. The Accords we followed by a decade of gradual recovery, but attempts to move beyond the compromises that were needed to end the conflict but now impede progress has led to increasingly ineffective and corrupt government, divisive political rhetoric and growing public frustration.  The resolution also expresses the hope of Congress that the mid-October elections and commemoration of the Dayton Accords on their 20th anniversary next year will jointly serve as a catalyst for reform needed for Bosnia to move closer to eligibility for NATO and European Union membership. Rep. Smith, who is Co-Chair of the Congressional Caucus on Bosnia, also spoke to the situation in Bosnia in remarks delivered on the floor of the House. As Chairman of the Helsinki Commission in the 1990s during the Balkan conflicts, Rep. Smith chaired over 21 hearings on countries of the former Yugoslavia. In 2005, he authored H. Res. 199, which initiated a series of clear acknowledgements by other parliaments and international bodies that the atrocities which occurred at Srebrenica in 1995 constituted genocide.

  • U.S. Helsinki Commission Calls for Investigation, Accountability for Terrorist Act in Ukraine Separatist Region

    WASHINGTON—In response to the downing of Malaysian Airlines MH17 in territory controlled by separatists in Ukraine, members of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today called for unfettered access to the crash site for international investigators in order to establish responsibility for the killings in order to hold those parties accountable. “The downing of Malaysian Air flight 17 is an unspeakable tragedy. It did not have to happen and those responsible must be held accountable,” said Senator Ben Cardin (MD), Chairman of the U.S. Helsinki Commission. “As we mourn for those lost and share our heartfelt prayers with the victims' families, I encourage international efforts to establish what happened and who was responsible.  In particular, I welcome the efforts and courage of the OSCE’s Special Monitoring Mission team which has made its way to the crash site. I am extremely disappointed to learn that they were forced to depart after a mere 75 minutes due to aggression by the Moscow-sponsored separatists.  "This heinous crime is a direct consequence of Russia’s unjustified aggression in Ukraine which began with the annexation of Crimea nearly five months ago and has continued in two regions in eastern Ukraine, in violation of OSCE and other international norms. It is a direct result of Putin’s destabilization of Ukraine. The top three leaders of the so-called Donetsk People’s Republic are all Russian citizens and two of them are Russian intelligence operatives," continued Chairman Cardin. “Russia has continued to sponsor these terrorists with heavy weapons, equipment and men continuing to flow across the Russian border into Ukraine. If Russian involvement is confirmed, serious consideration needs to be given to designating the Donetsk People’s Republic a Foreign Terrorist Organization and the Russian Federation a State Sponsor of Terrorism.” Co-Chairman of the Commission, Representative Chris Smith (NJ-04), stated that “Our hearts go out to the family and friends of the 298 innocent victims, including 80 children, who perished, likely at the hands of Russian operatives. I urge the President to vigorously work for full access for identification and removal of victims’ remains, and international investigation. The entire area should be treated as a crime scene – as the plane appears to have been shot down by a surface-to-air missile launched from a separatist-controlled area. This follows a pattern of actions where the rebels have shot down Ukrainian military planes and helicopters, most recently a Ukrainian military cargo plane earlier this week, for which they took credit.” “I am profoundly saddened and outraged at the senseless loss of innocent civilians on Malaysian Airlines Flight 17,” said Commissioner Representative Michael Burgess (TX-26). “I am extremely disturbed by the lack of access for international observers and first responders and by reports of looting and of people contaminating the crash site.  Not only must we be able to conduct a proper investigation, but the remains of the victims must be treated properly and with the utmost respect. I am also troubled by reports that there may be other efforts by the separatists and Russian authorities to cover up what really happened.”

  • Commission to Hold Hearing with OSCE Human Rights Appointees

    WASHINGTON—Today the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) announced the following hearing: Anti-Semitism, Racism and Discrimination in the OSCE Region Tuesday, July 22, 2014 10:00 a.m. Dirksen Senate Office Building Room 562 Following an escalation of anti-Semitic hate crimes a decade ago, the Organization for Security and Cooperation in Europe (OSCE) intensified efforts to combat prejudice and discrimination throughout Eurasia and North America. Since 2004, three Personal Representatives have been appointed annually by the OSCE Chair-in-Office (currently Switzerland) to address anti-Semitism; racism, xenophobia, and discrimination including against Christians and members of other religions; and intolerance and discrimination against Muslims. In an official joint visit to the United States, the Personal Representatives will address progress and ongoing challenges in the OSCE region a decade after the creation of their positions. The following witnesses are scheduled to testify: Rabbi Andrew Baker, Personal Representative on Combating Anti-Semitism Professor Talip Küçukcan, Personal Representative on Combating Intolerance and Discrimination against Muslims Alexey Avtonomov, Personal Representative on Combating Racism, Xenophobia and Discrimination, also focusing on Intolerance and Discrimination against Christians and Members of Other Religions

  • 15th Anniversary of the Bytyqi Brother Murders in Serbia

    Madam President, 15 years ago this week three American citizens--the brothers Ylli, Agron and Mehmet Bytyqi --were transferred from a prison to an Interior Ministry camp in Eastern Serbia. At that camp, they were executed and buried in a mass grave with dozens of Albanians from Kosovo. Today, I again call upon the Serbian authorities to bring those responsible for these murders to justice. Belgrade has given us assurances in recent years that action will be taken, but no clear steps have actually been taken to apprehend and prosecute those known to have been in command of the camp or the forces operating there. The three Bytyqi brothers went to Kosovo in 1999, a time of conflict and NATO intervention. Well after an agreed cessation of hostilities in early June, the brothers escorted an ethnic Romani family from Kosovo to territory still under Serbian control, where that family would be safer. Serbian authorities apprehended the brothers as they were undertaking this humanitarian task and held them in jail for 15 days for illegal entry. When time came for their release, they were instead turned over to a special operations unit of the Serbian Interior Ministry, transported to the camp and brutally executed. There was no due process, no trial, and no opportunity for the brothers to defend themselves. There was nothing but the cold-blooded murder of three American citizen brothers. Serbia today is not the Serbia of 15 years ago. The people of Serbia ousted the undemocratic and extreme nationalist regime of Slobodan Milosevic in 2000, and the country has since made a steady, if at times difficult, transition to democracy and the rule of law. In 2014, Serbia began accession talks to join the European Union, and in 2015 it will chair the OSCE, a European organization which promotes democratic norms and human rights. I applaud Serbia on its progress and I support its integration into Europe, but I cannot overlook the continued and contrasting absence of justice in the Bytyqi case. The new government of Prime Minister Aleksandar Vucic has pledged to act. It must now generate the political will to act. The protection of those responsible for this crime can no longer be tolerated. The surviving Bytyqi family deserves to see justice. Serbia itself will put a dark past behind it by providing this justice. Serbian-American relations and Serbia's OSCE chairmanship will be enhanced by providing justice. It is time for those responsible for the Bytyqi brother murders to lose their protection and to answer for the crimes they committed 15 years ago.

  • Georgia 2008, Ukraine 2014: Is Moldova Next?

    David Killion addressed the timely issue of another situation in a list of attacks on sovereignty by Russia.  Russia’s annexation of Crimea raised concerns that a scenario whereby Russia annexes Transnistria, Moldova’s secessionist region, is a very realistic possibility. Similar to Russia’s de facto annexation of Georgia’s two secessionist regions and Ukraine’s Crimea, Russia’s aggression against Moldova would be occurring as citizens of Moldova are considering accession to the major Euro-Atlantic institutions. Witnesses Eugen Carpov, Paul Goble, and Stephen Blank examined Russia’s intentions with regard to Transnistria and Moldova. The commented on Transnistria residents’ participation in the violence in Odessa and highlighted the Transnistria “Parliament’s” call for Russia to annex. They also drew attention to President Putin’s assertion to that Transnistria remain under an economic blockade and that the residents of the region suffer severe hardships as a result. This lively discussion focused on what the ongoing insecurity and conflict in the region foreshadows in the Southern Caucasus and beyond. 

  • U.S. Helsinki Commission Cites Deterioration of Media Freedoms across OSCE Region

    WASHINGTON—In advance of World Press Freedom Day, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and U.S. Representative Chris Smith (NJ), Co-Chairman of the Commission, addressed the deterioration of media freedom in Ukraine, and the continued presence of criminal defamation:  On the situation in Ukraine, Chairman Cardin stated: “I am deeply concerned by the rapidly degenerating state of media freedom precipitated by pro-Russian separatists in eastern Ukraine. Pro-Russian militias continue to harass, intimidate, and censor both Ukrainian and foreign journalists reporting on the situation in an attempt to quell criticism of separatist-instigated violence and upheaval. Free and independent media is a crucial component of the commitments adopted by the Organization for Security and Cooperation in Europe (OSCE), of which Russia and Ukraine are participating States. I urge Russia to respect media independence and freedom in its own territory as well as in Ukraine.” “Many countries in the OSCE region continue to limit speech to an extraordinary degree,” said Co-Chairman Smith. “I’m particularly concerned by the rise of criminal defamation laws which make it increasingly difficult, and even dangerous, to criticize those in power. These libel and insult laws have an absolutely chilling effect on robust inquiry and the ability to hold politicians and others accountable. I commend the efforts of the OSCE and other organizations to call attention to these and other attacks against freedom of press. A strong and independent media, free from political pressure and censorship, is fundamental to sustainable and accountable democracy.” The OSCE Representative on Freedom of the Media reports regularly to the OSCE Permanent Council in Vienna, including on developments in Ukraine. In advance of World Press Freedom Day, the Commission also noted concern about media freedom in the following countries: UKRAINE: In the town of Slavyansk, over 40 individuals, including many reporters, have been abducted by separatists and held hostage in various makeshift prisons. In the Donbas region, pro-Russian armed forces discontinued digital broadcasting of Ukrainian TV channels and replaced them with Russian ones, mirroring the disruption of Ukrainian press by Russian forces in Crimea. There have been several accounts of journalists being physically intimidated while reporting both in the field and within their offices. TURKEY: Turkey imprisoned more journalists in 2013 than any other country. Currently, legislation is going into effect in Turkey that expands the powers of secret services and stipulates 10 year prison sentences for journalists who publish leaked information. In the last few months, Turkey undertook an immense crackdown on social media, particularly by banning access to Twitter and YouTube. MACEDONIA: In Macedonia, media coverage, largely unbalanced in favor of the ruling party and against the opposition, was a leading criticism of the conduct of last week’s presidential and parliamentary elections. This bias is symptomatic of the great regression in media freedom noted in Macedonia in recent years. Journalists and news sources not allied with the government tend to face increased scrutiny and legal hurdles. KAZAKHSTAN: Recent changes to Kazakhstan’s legislation are likely to further restrict media and access to the Internet. New rules control what the media can report during a state of emergency; a new code criminalizes “dissemination of false information” that harms “interests of society or of the state”; and pending legislation would allow the government to shut websites and other communication networks if they disseminate “harmful” information or call for “extremist” activities. Kazakhstan also has closed virtually all independent newspapers for minor infractions of publishing regulations or on charges of extremism. CROATIA: In Croatia, where the legal definition of “insult” is vague and open to arbitrary enforcement, there are currently over 40 pending criminal insult cases against journalists. This situation, whether or not the cases result in convictions, could lead to increased self-censorship in the media. AZERBAIJAN: The status of press and media in Azerbaijan is decidedly not free. Criminal defamation is still punishable with up to three years in prison. Media and NGO movements that aim to create space for media freedom have been checked at every turn, through various techniques ranging from ignoring lawsuits seeking access to information, to pressing criminal charges on journalists. Most recently, Azerbaijani journalist Rauf Mirkadyrov was arrested and charged with espionage. 

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