Title

Europeans of African Descent ‘Black Europeans’: Race, Rights and Politics

Tuesday, November 19, 2013
SDG–50 Dirksen Senate Office Building
Washington, DC 20515
United States
Official Transcript: 
Members: 
Name: 
Hon. Alcee Hastings
Title Text: 
Ranking Member
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Ben Cardin
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Larry Olomoofe
Title: 
Racism and Xenophobia Advisor
Body: 
OSCE/ODIHR Tolerance Unit
Name: 
Salome Mbugua
Title: 
CEO AkiDwA
Body: 
Migrant Women's Network, Ireland
Name: 
Hedwig Bvumburah
Title: 
Director
Body: 
Cross-Culture International Foundation - Malta
Name: 
Charles Asante-Yeboa
Title: 
President
Body: 
Africa Center, Ukraine
Name: 
Jallow Momodou
Title: 
Vice Chair, European Network Against Racism
Body: 
Chair, Pan-African Movement for Justice

Racist acts targeting Black cabinet-level officials in Italy and France have put a spotlight on the experiences of the 7-10 million people of African Descent in Europe / Black Europeans. A visible minority in Europe often unacknowledged despite a centuries’ long presence in Europe, Black Europeans have increasingly become the targets of discrimination, pernicious racial profiling, and violent hate crimes impacting equal access to housing, employment, education, and justice.

Europe today grapples with the complex intersection of national identity, decreasing birth rates, increasing immigration, security concerns, and a rise in extremist political parties and vigilantism. In this context, the experiences of Black Europeans increasingly serve as a measure of the strength of European democracies and commitments to human rights. The briefing discussed the work of Black European rights organizations and the efforts of the international community to address issues of inequality, discrimination, and inclusion for Black Europeans, in addition to discussing similarities and work with African-American civil rights organizations.

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  • Statement on H. Res. 447

    I’d like to thank my good friend Rep. Engel for introducing this bipartisan resolution supporting the democratic aspirations of the Ukrainian people.  It is a timely appeal to the government of Ukraine to stand down – to avoid all further violence, to exercise the utmost restraint and avoid confrontation. It calls on the government to bring to justice those responsible for violence against peaceful protesters, and to release and drop any criminal charges against those detained for peacefully exercising their democratic rights. At this point, the government’s crackdown has led to the deaths of at least 4 protestors, and throughout Ukraine to numerous beatings, arrests, detentions, abductions – including some from hospitals – the harassment of activists, journalists, medics, lawyers and pro-democracy NGOs. On the Kyiv Maidan alone, more than 1,800 individuals, mostly protestors but also some riot police, have been injured. 36 persons are confirmed missing. 49 people remain in detention with 26 under house arrest. At least 30 medics, working to aid the injured on the Maidan, have been attacked. 136 journalists have been attacked on the Maidan, including investigative journalist Tatyana Chornovol brutally beaten on Christmas Day and who investigators now rather incredibly claim was a victim of road rage. One of the most outrageous examples has been the case of activist Dmitry Bulatov who was abducted for 8 days before being left in a forest outside of Kyiv, during which time he was tortured by his captors who tried to force him to say he was an American spy.  The heroism of the Ukrainian people, persistently demonstrating, struggling, risking themselves for justice and dignity, is deeply inspiring. The witness of so many clergy on the Maidan is a powerful reminder of the spiritual values at stake. Just last Thursday, I met in my office with Patriarch Filaret of the Ukrainian Orthodox Church and Patriarch Sviatoslav of the Ukrainian Greek-Catholic Church. They are deeply concerned for the faithful, and for the whole Ukrainian nation, and alarmed about the potential for even worse violence, perhaps even civil conflict. Patriarch Filaret said recently, “I appeal to both the power and opposition to stop violence and come to the table of negotiations. All of you are responsible before the God for your earthly doings.”  And at the Vatican, Pope Francis called for an end to the violence and said: "I am close to Ukraine in prayer, in particular to those who have lost their lives in recent days and to their families. I hope that a constructive dialogue between the institutions and civil society can take place, that any resort to violence is avoided and that the spirit of peace and a search for the common good is in the hearts of all.” Cardinal Timothy Dolan of New York expressed strong support for anti-government protestors in Ukraine. Writing on his blog he summarized the conflict as “government thugs relishing the chance to bludgeon and harass the hundreds of thousands of patriotic Ukrainians,” and described the Ukrainian Greek Catholic Church as “a Church that had been starved, jackbooted, imprisoned, tortured, persecuted and martyred by Hitler, Stalin, and company.” That said, Mr. Speaker, there is a paradox here. I know there are many outstanding people working in and for the Ukrainian government – people who love their country and have its best interests at heart. Last year I met many times with Ukrainian ministers, high-level officials and the ambassador, including meetings in Kyiv. This was because in 2013 Ukrainian Foreign Minister Kozhara chaired the Organization for Security and Cooperation in Europe and made the fight against trafficking a top priority for the whole organization. In June it held a high level conference in Kyiv to investigate best practices and ways that the 57 OSCE countries can better coordinate anti-trafficking efforts—including through training transportation and hospitality industry employees in victim identification. The Kyiv call to action was serious and successful—I know, I was there. And what came out of the Ukrainian government’s efforts was a new OSCE Action Plan to fight human trafficking.  I want to point out that this resolution does not take any position on whether Ukraine should sign an Association Agreement with the European Union. That is a decision for Ukrainians to make. At committee markup, we decided to make that point clear, and the message should be clear: this is not about politics, but human rights. Congress is supporting the Ukrainian people in their defense of universal human values, and not inserting itself in the question of how Ukraine shapes its policy toward the EU and Russia. Mr. Speaker, the Ukrainian people have endured horrific suffering over the course of the last century – and this is what gives their peaceful resistance on the Maidan such power. Two world wars were fought on their soil, in the 1930s Stalin inflicted a genocidal famine on them, which resulted in the deaths of millions of men, women and children, to say nothing of 70 years as a captive nation in the Soviet Union. In the 1980s many of us in this chamber and on the Helsinki Commission spoke out on behalf of Ukrainian human rights activists imprisoned in the Gulag, called for the legalization of the then-banned and repressed Ukrainian Greek-Catholic church, and held hearings on the Chornobyl disaster.  With Ukraine’s long-awaited independence,  in 1991came new-found freedoms. But since 2010, with the election of Viktor Yanukovych, human rights, rule of law and democracy have been under attack – symbolized by the continued unjust imprisonment of former Prime Minister and opposition leader Yulia Tymoshenko, whose daughter, Yevhenia, testified at a Helsinki Commission hearing I chaired in May of 2012 and on whose behalf I introduced a resolution in the previous Congress.  It is the Ukrainian people’s dissatisfaction with Yanukovych’s roll-back of democracy that drives the protest movement. The long-suffering Ukrainian people deserve a government that treats them with dignity and respect. I’m confident they will prevail in their struggle for this. I strongly support this resolution. 

  • Supporting the Democratic Aspirations of the People of Ukraine

    Mr. Speaker, the people of Kyiv and so many cities and towns throughout Ukraine are right now struggling, praying, and risking--some of them really risking their lives on the Maidan for justice and human dignity. The government's violent crackdown has led to the deaths of at least four protestors, and countless beatings, arrests, detentions, kidnappings or harassment of activists, journalists, medics and lawyers. I want to join many of my colleagues in calling on the Ukrainian government to stop, now, these attacks on human life and the basic human rights of free expression, assembly and association--and immediately to release those detained for peaceful actions and account for missing persons. Mr. Speaker, I believe that we should urge Ukrainians to find a peaceful, political settlement of the crisis through meaningful negotiations between the government and the opposition in order to get Ukraine back on the road to democracy. As to association with Europe, it is not our government's place to say what the Ukrainian government or people should do either way on this point, above all since we don't  know what arrangements are on offer. But we do stand up for the right of the Ukrainian people to determine this according to their own constitution and laws, free from coercive pressures by any foreign government. While the current Ukrainian government has committed grave injustices in the course of this crisis, I am encouraged by signs that it is taking steps to resolve the crisis, including the revocation of the onerous January 16 anti-protest laws and the resignation of the government. The people of Ukraine have endured tremendous suffering over the course of the last century including two world wars and 70 years of Soviet brutality, most starkly illustrated by Stalin's genocidal famine which resulted in the deaths of millions. With independence came new-found freedoms, but these have been challenged by corruption of grotesque proportions. The long-suffering Ukrainian people deserve better--they deserve to be treated with dignity and respect. Given the heroic strength and character and democratic maturity the Ukrainian people are showing in this crisis, I am confident that they will not be denied a more democratic future.

  • Kyiv Ministerial Held Amid Protests

    On December 5 and 6, 2013, Kyiv hosted the 20th meeting of the Ministerial Council of the Organization for Security and Cooperation in Europe while hundreds of thousands of protestors occupied Maidan Nezalezhnosti, Kyiv’s central square. Although as 2013 OSCE Chair-in-Office, Ukraine had successfully shepherded a package of decisions to adoption in Kyiv, the meeting was dominated by demonstrations taking place throughout the country triggered on November 21 by the Ukrainian government’s suspension of preparations to sign integration agreements with the EU. Assistant Secretary of State for European and Eurasian Affairs Victoria Nuland represented the United States. She began the Ministerial by meeting with civil society activists, which she described as her “most important event” in Kyiv. In her opening statement at the Ministerial, she highlighted three “worrying trends” in OSCE participating States: the persecution of journalists, the rising intolerance of minorities, and “democratic backsliding” into restrictive laws and practices that violate civil liberties.

  • The 80th Anniversary of the Ukrainian Famine

    Madam President, this year we commemorate the 80th anniversary of the Holodomor, the genocidal Ukrainian Famine of 1932-1933. Eighty years ago, an engineered famine in Soviet-dominated Ukraine and bordering ethnically-Ukrainian territory resulted in the horrific deaths of millions of innocent men, women, and children. I visited the Holodomor monument in central Kyiv, a poignant reminder of the suffering perpetrated by Soviet dictator Stalin's deliberate and inhumane policy to suppress the Ukrainian people and destroy their human, cultural, and political rights. Requisition brigades, acting on Stalin's orders to fulfill impossibly high grain quotas, took away the last scraps of food from starving families and children. Eyewitness accounts describing the despair of the starving are almost unfathomable. Millions of rural Ukrainians slowly starved--an excruciatingly painful form of death--amid some of the world's most  fertile farmland, while stockpiles of expropriated grain rotted by the ton, often nearby.  Meanwhile, Ukraine's borders were sealed to prevent the starving from leaving to less-affected areas. International offers of help were rejected, with Stalin's henchmen denying a famine was taking place. At the same time, Soviet grain was being exported to the West. The final report of the congressionally created Commission on the Ukraine Famine concluded in 1988 that "Joseph Stalin and those around him committed genocide against Ukrainians in 1932-33.'' No less than Rafael Lemkin, the Polish-Jewish-American lawyer who coined the term "genocide'' and was instrumental in the adoption of the 1948 U.N. Genocide Convention, described the "destruction of the Ukrainian nation'' as the "classic example of Soviet genocide.'' We must never forget the victims of the Holodomor or those of other republics in the Soviet Union, notably Kazakhstan, that witnessed cruel, mass starvation as a result of Stalin's barbarism, and we must  redouble our efforts to protect human rights and democracy, ensuring that 20th-century genocides such as the Holocaust, Armenians in the Ottoman Empire, Ukraine, Bosnia, Cambodia, and Rwanda become impossible to imagine in the future.

  • The OSCE 2013 Human Dimension Implementation Meeting

    By Helsinki Commission Staff Overview From September 23 to October 4, 2013, the OSCE participating States met in Warsaw, Poland, for the annual Human Dimension Implementation Meeting (HDIM). The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) according to an agenda approved by consensus of all 57 participating States. The HDIM is Europe’s largest annual human rights gathering and provides a venue for participating States and non-governmental organizations (NGOs) to review the implementation of the full range of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. In 2013, those subjects were: 1) freedom of religion or belief, 2) freedom of assembly and association, and 3) democratic elections and election observation -- sharing best practices. U.S. Delegation The U.S. Delegation was headed by Ambassador Robert Bradtke. Newly confirmed U.S. Head of the U.S. Mission to the OSCE Ambassador Daniel Baer also participated.  (During the HDIM, meetings of the OSCE Permanent Council in Vienna are suspended to facilitate participation by members of permanent missions to the OSCE in the Warsaw meeting.)  Other members of the U.S. Delegation included Deputy Assistant Secretary of State for Democracy, Human Rights and Labor Thomas O. Melia, Special Envoy for Combating Anti-Semitism Ira Forman, and Co-Chair of the U.S. Commission on International Religious Freedom Katrina Lantos Swett.  Helsinki Commission Chief of Staff Fred L. Turner and other Commission staff participated in all aspects of the delegation’s work. Gavin Weise from the International Foundation for Electoral Systems served as a public member on the issue of democratic elections and election observation. Public Members have traditionally been included in U.S. delegations to OSCE human dimension meetings as a means of bringing special expertise to the delegation’s work and to promote greater knowledge of the OSCE process in civil society. This Year’s Meeting As the meeting opened, the high-profile case of imprisoned former Prime Minister Yulia Tymoshenko remained unresolved, casting a pall on Ukraine’s OSCE Chairmanship. GOLOS, a Russian NGO that reports on the integrity of elections in Russia, remained suspended in a wave of increased repression; Russian representatives protested against GOLOS participation at the HDIM. Former political prisoner and RFE/RL correspondent Dovletmyrat Yazkuliyev was not allowed to leave Turkmenistan to participate in the HDIM. Kazakhstani businessman Mukhtar Ablyazov and several of his former colleagues were held in various countries on the request of the government of Kazakhstan – while his wife and daughter were illegally deported from Italy to Kazakhstan. The U.S. statements from the HDIM, raising these and many other specific cases of concern, are available on the website of the U.S. mission to the OSCE (osce.usmission.gov). During the meeting, the United States held bilateral meetings with other OSCE participating States and extensive consultations with civil society. In addition, the United States organized a side event focused on one of this year's special topics, freedom of association and assembly, with a panel of activists from the Civil Society Platform:  Yevgeniy Zhovtis, International Bureau for Human Rights and Rule of Law (Kazakhstan), Valeria Rybok from the Center for Civil Liberties (Ukraine), Dmitri Makarov from the International Youth Human Rights Initiative (Russia), Aleh Hulak, Belarusian Helsinki Commission, and Rasul Jafarov from the Human Rights Club (Azerbaijan).  Speakers described many negative trends across Eurasian and Central Asian states, including onerous registration requirements for civil society organizations, restrictions on peaceful demonstrations, and prosecutions of protestors.  The panel and other attendees also emphasized the importance of a network through which regional civil society organizations could share experiences and effective activities. Other side events were organized by ODIHR, participating States, and NGOs including Freedom House, Amnesty International, Human Rights First, the Open Society Foundations, and the German Marshall Fund.  As at past HDIM meetings, some concerns were raised about the United States, including at side events focused on the abolition of the death penalty and on human rights and counterterrorism (which touched on Guantánamo, drones, and surveillance/privacy issues). Switzerland held a side event during the HDIM to preview its goals for its 2014 tandem chairmanship (with Serbia taking the lead in 2015). Switzerland indicated that its two over-arching human dimension priorities will be to enhance the involvement of civil society and to strengthen the implementation of human dimension commitments. During what promises to be an active and ambitious chairmanship, Switzerland plans to hold four regional workshops with civil society in Southeast Europe, the Southern Caucasus, Central Asia, and Western Europe. During the regular working sessions, several concerns were raised repeatedly, including violence against journalists, harassment of NGOs and restrictive NGO registration laws, and government actions against religious groups portrayed by some governments as non-traditional.  Russia received significant criticism over its Foreign Agents law. (There also were a number of apparently Russian-sponsored “NGOs” which criticized the United States, supported independence for South Ossetia and Abkhazia, and hewed to anti-Baltic state themes.) Problems in Central Asia received considerable attention, including the disappearance of some prisoners in Turkmenistan and the cases of Vladimir Kozlov and Mukhtar Ablyazov in Kazakhstan.  During the HDIM, the NGO Crude Accountability and the Civic Solidarity Platform launched a project called “Prove that They are Alive.”  Designed to follow up on the 2003 invocation of the OSCE Moscow Mechanism with Turkmenistan, the initiative is intended to compel the government of Turkmenistan to inform the families of those imprisoned in connection with an alleged coup attempt in 2002 whether their loved ones are still alive. As at previous HDIMs, the allocation of time during the meeting was highly problematic.  Of the topics restricted to three-hour sessions, the subject of tolerance and non-discrimination was the most oversubscribed.  This session included discussion of the implementation of existing OSCE hate crimes commitments; combating anti-Semitism, intolerance against Muslims and other religious groups; racism and xenophobia; and anti-LGBT bigotry manifested through, in particular, “gay propaganda” laws. In such oversubscribed sessions, speaking time was strictly curtailed to accommodate the dozens desiring the floor, while other sessions ended early with time unused. Notably, Thailand, an OSCE Partner for Cooperation, actively participated in this year’s HDIM, perhaps in order to bolster its application to become a full OSCE participating State.

  • Bulgaria Holds Early Parliamentary Elections; OSCE Mounts Full-Scale Election Observation Mission

    By Helsinki Commission Staff Country-Wide Street Protests Trigger Snap Elections In early 2013, 30 Bulgarian cities were rocked by demonstrations. In some instances, violence erupted between demonstrators and police. In addition, in the months immediately preceding the elections, six people committed suicide by self-immolation in acts of public protest and desperation. The street demonstrations were triggered by sharply rising electricity rates in a country widely described as the poorest of the EU’s 27 members. Discontent was further fueled by dissatisfaction with political leaders across the board and widespread corruption. In February, following the street demonstrations, Prime Minister Boyko Borisov resigned, paving the way for May 12’s early parliamentary elections. For those elections, 8,100 candidates stood for seats in the 240-member unicameral National Assembly allocated by proportional representation from 31 multi-mandate constituencies (with a 4% threshold for both parties and coalitions to enter parliament). Altogether, 63 parties (38 outside of coalitions and 7 coalitions) were registered as well as two independent candidates. The resulting ballot was roughly a yard long. OSCE Mounts Full-Scale Election Observation Mission The OSCE mounted a full scale Election Observation Mission (EOM) – the first in Bulgaria since 1997 and the first ever in an EU country. Eoghan Murphy (MP, Ireland) was appointed by OSCE Chair-in-Office Leonid Kozhara to serve as Special Coordinator and leader of the short-term observer mission (parliamentarians and observers seconded by OSCE participating States). The OSCE Office for Democratic Institutions and Human Rights (ODIHR) long-term observer team was headed by Miklos Haraszti. Roberto Battelli (MP, Slovenia) headed the OSCE PA delegation. Andreas Gross (MP, Switzerland) headed the observers from the Parliamentary Assembly of the Council of Europe (PACE). On Election Day, there were 158 observers deployed from 39 countries. Of an estimated 6.9 million voters (a number that, in any case, the OSCE and Council of Europe Venice Commission suggest may be high), 3,541,745 went to the polls. Voter turnout was at about 50 percent – the lowest turnout since the fall of communism – reflecting the voters’ antipathy even more than apathy. Approximately 850,000 votes were cast for parties that failed to overcome the 4% threshold to get into parliament. Reportedly 107,799 Bulgarian citizens voted abroad, with 63,152 votes cast in Turkey. The Mysterious Case of the Extra Ballots The administration of the elections on E-Day was largely unremarkable. It was, however, preceded by two separate but related wiretapping scandals suggesting that the Ministry of Interior had bugged journalists and state officials. The day before the elections, an “extra” 350,000 ballots were discovered in a printing house in Sofia. (A week after the elections, it was reported that more than 2,000 extra stamps for electoral commissions had also surfaced.) In its preliminary findings, the Election Observation Mission drew particular attention to the alienation of voters, lack of confidence in the electoral process, concerns over ballot security (the “extra” ballots), and persistent allegations of vote buying or voter intimidation. (A final report from the Mission is forthcoming.) Roma and Other Minorities in the Electoral Context Bulgaria has a population of 7.36 million (from almost 8 million in the 2001 census and roughly 8.4 million in the 1992 census). This continuing drop reflects declining birth rates and labor migration to other parts of Europe. The ethnic Turkish minority comprises 8.8 percent of the population. Almost 5 percent of the population self-identified as Romani on the last census, but Roma are estimated to be roughly 10 percent of the population. Last year, the Bulgarian Government estimated that 23 percent of the working age population is Romani. The Bulgarian Constitution prohibits the formation of political parties on ethnic, racial or religious lines, which is contrary to OSCE and other international norms on freedom of assembly. The OSCE has criticized this restriction in previous reports on Bulgarian elections. The Electoral Code stipulates that the election campaign must be conducted in the Bulgarian language only, also contrary to standards on free speech and minority language use set out in the 1990 Copenhagen Document. These restrictions also impede get-out-the-vote efforts. The Movement for Rights and Freedoms is, de facto, an ethnic Turkish minority party, although it has largely been allowed to function with a wink and a nod from the authorities. After the elections, it was reported that Lyutvi Mestan, head of the MRF party, was fined in Sliven for campaigning in Turkish. Bulgaria's last two local and Presidential elections (which were held simultaneously in 2007 and 2011) were preceded by outbreaks of anti-Roma violence. In 2011, just a few weeks before the elections, 14 Bulgarian cities erupted into anti-Roma riots. In July 2012, the headquarters of the EuroRoma political party were firebombed, killing one man. The investigation has not produced any results. On April 8, 15 Romani civil society organizations withdrew from their advisory role with the National Council for Cooperation on Ethnic and Integration Issues, effectively deeming the government’s work in this area and the consultative process to be a sham. There were no Roma in electable positions on the lists for any of the leading parties. As a result, the National Assembly produced by the May 12 elections will be the first Bulgarian parliament since the fall of communism to have no Romani MPs.

  • Ukraine's Leadership of the OSCE

    This hearing focused on the Ukrainian leadership of the OSCE and OSCE priorities within Ukraine.  Minister of Foreign Affairs of Ukraine Leonid Kozhara spoke about Ukraine’s progress on economic reforms and anti-corruption efforts and Ukraine’s policy goals for their time in office, particularly on human trafficking.  Chairman Cardin and Minister Kozhara also discussed Yulia Tymoshenko’s imprisonment.

  • U.S. Helsinki Commission to Hold Hearing on OSCE with Ukraine's Foreign Minister

    The Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today announced the following hearing: Ukraine’s Leadership of the OSCE Wednesday, May 8, 2013  2:00 pm Dirksen Senate Office Building, Room 562 Scheduled to testify: His Excellency Leonid Kozhara, Minister for Foreign Affairs of Ukraine and Chair-in-Office of the OSCE Ukraine’s Foreign Minister, Leonid Kozhara, will testify before the U.S. Helsinki Commission in his capacity as Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE). The hearing takes place one-third of the way through Ukraine’s 2013 chairmanship of the 57-country OSCE, an organization based in Vienna Austria, and best known for its work in promoting democracy, human rights and the rule of law. Minister Kozhara is expected to discuss the Chairmanship’s priorities and provide insights regarding the ongoing work of the OSCE. Ukraine’s Chairmanship faces formidable tasks in leading an organization that operates on the basis of consensus and includes countries ranging from democracies to dictatorships.  The Ukrainian Chairmanship’s priorities include finding new ways to address protracted regional conflicts, energy security, and human dimension issues such as human trafficking, media freedom, tolerance, democratic elections and efforts to improve implementation of commitments regarding fundamental human rights and freedoms.       

  • Political Imprisonment in Ukraine

    Madam President. I would like to address the current situation in Ukraine, an important country in the heart of Europe, a bellwether for democratic development in the region, and the current Chairman-in-Office of the OSCE.  Let me first welcome the release from prison Sunday of former Ukrainian Minister of Internal Affairs and leading opposition figure Yuri Lutsenko. Mr. Lutsenko had been convicted on politically motivated charges and incarcerated since December 2010. President Yanukovych's pardon of Mr. Lutsenko is an encouraging step in the right direction. I also welcome the pardon of former Environment Minister Heorhiy Filipchuk, who also served as a member of Ms. Tymoshenko's Cabinet and had been released last year after his sentence was suspended. By pardoning Mr. Lutsenko and Mr. Filipchuk, President Yanukovych is indicating not only a willingness to resolve what has been a major irritant in Ukraine's relations with the United States and the EU, but also a stain on Ukraine's democratic credentials.  At the same time, I remain deeply concerned about the politically motivated imprisonment of Ukrainian opposition figure and former Prime Minister Yulia Tymoshenko, who has been incarcerated since August 2011.  Mrs. Tymoshenko's case stands out as a significant illustration of Ukraine's backsliding with respect to human rights, democracy, and the rule of law since she was defeated by President Yanukovych in February 2010. The United States, EU, and Canada have repeatedly expressed concerns about the application of selective justice against political opponents, their flawed trials, conditions of detention, and the denial of their ability to participate in last October's parliamentary elections.  As Chairman of the Helsinki Commission, which has long been committed to Ukraine's independence and democratic development, I am especially mindful of Ukraine's 2013 OSCE chairmanship. Like any Chair-in-Office, Ukraine faces formidable tasks in leading a multilateral organization that operates on the basis of consensus, which includes 57 countries ranging from mature democracies to oppressive dictatorships. The United States wants Ukraine to succeed, but the reality is that the politically motivated imprisonment of Ms. Tymoshenko casts a cloud over its chairmanship. A Chair-in-Office must itself have strong democratic credentials if it is to succeed in encouraging reform in other countries.  Furthermore, democratic regression in Ukraine has harmed U.S.-Ukrainian bilateral relations, preventing a traditionally strong partnership from realizing its full potential. It has also slowed down the process of Ukraine's drawing closer to the EU, which is that country's stated foreign policy priority, manifested in the still-delayed signing of the EU-Ukraine Association Agreement. More than half a year has gone by since the unanimous adoption of S. Res. 466, calling for the release of Yulia Tymoshenko.  The Ukrainian authorities now need to follow up on the important step they have taken in freeing Yuri Lutsenko. They need to free Ms. Tymoshenko and restore her civil and political rights. By demonstrating commitment to the rule of law and human rights principles embodied by the OSCE, Ukraine will strengthen the credibility of its chairmanship and show it is serious about being a full-fledged member of the democratic community of nations.  I strongly urge the Ukrainian government to resolve the case of Ms. Tymoshenko. 

  • The State-Sanctioned Marginalization of Christians in Western Europe

    This briefing presented a close examination of recent reports and studies showing an alarming rise in social and governmental hostility toward religion in general—and Christianity in particular—in Western Europe. Various topics of discussion underscored how the current state of affairs is in tension with Europe’s history as the intellectual birthplace of religious freedom, as well as with its commitment to democracy. Witnesses testifying at the hearing – including Professor Tom Farr, Director of the Religious Freedom Project Berkley Center for Religion, Peace, and World Affairs at Georgetown University; Dr. Roger Trigg, Academic Director of the Kellogg Centre for the Study of Religion in Public Life at Oxford University; and Roger Kiska, Senior Counsel for the Alliance Defending Freedom – noted with concern the growing European trend to pit human rights against religious freedom. Censorship of the cross and other religious symbols, growing restrictions on parental rights in the area of the education of their children, and limitation on free expression—including religious expression—through “hate speech” laws were also identified as obstacles for religious liberty in Western Europe.

  • Helsinki Commission Welcomes Unveiling of Berlin Memorial for Romani Genocide Victims

    On October 24, more than 600 people in Berlin attended the unveiling of the Memorial for the Sinti¹ and Roma of Europe Murdered under National Socialism. Leaders of the Helsinki Commission, who had underscored the importance of the monument, welcomed the event. Rep. Chris Smith (NJ-04), Chairman of the U.S. Helsinki Commission, observed that the memorial “marks an important step in acknowledging and teaching about the fate of Roma at the hands of the Nazi regime and the Axis powers: persecution, confiscation of property, forced sterilization, slave labor, inhumane medical experimentation, and ultimately genocide.” Proposals to erect a memorial to the Romani victims of genocide emerged in the early 1990s after the unification of the Federal Republic of Germany and German Democratic Republic and at a time when German acknowledgement and remembrance took on additional dimensions. Those efforts, however, bogged down over questions regarding the location of the proposed memorial and the content of inscriptions. (Concerns raised by the artist over materials and weather-related construction complications also contributed to interruptions.) German government officials also suggested some delays were caused by differing views among Romani groups, particularly regarding the inscriptions; some critics of the delays suggested there was an insufficient sense of ownership and political will on the part of the government. Senator Ben Cardin (MD), Co-Chairman of the Commission, noted the singular role of Romani Rose, Chairman of the Central Council of German Sinti and Roma, and “his tireless work to ensure that Romani victims of genocide are remembered and honored.” Rose, who lost his grandparents at Auschwitz and Ravensbrueck, was a driving force to see the memorial completed. Cardin added, “I am deeply heartened that efforts to build this memorial, underway for over a decade, have finally been realized.” German government officials at the most senior level attended the unveiling of the genocide memorial, including Chancellor Angela Merkel, President Joachim Gauck, Bundestag President Norbert Lammert, Bundesrat President Horst Seehofer, and Berlin Mayor Klaus Wowereit. Former President Richard von Weizsacker, in spite of advanced years and frail health, was also present. Federal Minister of Culture Bernd Neumann described the memorial “a pillar of German remembrance.” U.S. Ambassador to Germany Patrick Murphy and Special Envoy for Holocaust Issues Douglas Davidson represented the United States. Dr. Ethel Brooks, who has served as a public member with the U.S. Delegation to the 2011 and 2012 OSCE Human Dimension Implementation Meetings, also attended the ceremony. The memorial, designed by Israeli artist Dani Karavan, was widely hailed as a deeply moving testimony to the genocide of Romani people. Dutch Sinto survivor Zoni Weiss addressed the hundreds of people who attended the event. As a 7-year-old, Weiss narrowly avoided being placed on the Westerbork transport from the Netherlands due to the intervention of platform policeman, but watched as his immediate family was sent to Auschwitz where they perished. The unveiling ceremony was also accompanied by a week of events in Berlin focused on Romani history, culture and contemporary issues. Gert Weisskirchen, former German Member of the Budestag and former OSCE Personal Representative on Anti-Semitism, organized a round-table focused on contemporary challenges faced by Roma. In her remarks at the event, Chancellor Merkel also acknowledged the on-going struggle for human rights faced by Roma throughout Europe, saying bluntly, “let’s not beat around the bush. Sinti and Roma suffer today from discrimination and exclusion.” Romani Rose warned more pointedly, “In Germany and in Europe, there is a new and increasingly violent racism against Sinti and Roma. This racism is supported not just by far-right parties and groups; it finds more and more backing in the middle of society.” Background The Nazis targeted Roma for extermination. Persecution began in the 1920s, and included race-based denial of the right to vote, selection for forced sterilization, loss of citizenship on the basis of race, and incarceration in work or concentration camps. The most notorious sites where Roma were murdered include Auschwitz in Nazi-occupied Poland, the Jasenovac camp in the so-called Independent State of Croatia, Romanian-occupied Transnistria, and Babi-Yar in Nazi-occupied Ukraine. In other parts of German occupied or German-allied territory, Roma were frequently killed by special SS squads or even regular army units or police, often left in mass graves. Many scholars estimate that 500,000 Roma were killed during is World War II, although scholarship on the genocide of Roma remains in its infancy and many important archives have only become available to a broader community of researchers since the fall of communism. In recent years, for example, Father Patrick Desbois has helped document the location of 800 WWII-mass graves in Ukraine and elsewhere in the former Soviet Union, including 48 mass graves of Roma. German postwar restitution legislation and its implementation effectively excluded almost all Romani survivors. Those most directly responsible for actions against Roma escaped investigation, prosecution and conviction. Several officials responsible for the deportations of Roma before and during the war continued to have responsibility for Romani affairs after the war. In 1979, the West German Federal Parliament acknowledged the Nazi persecution of Roma as being racially motivated. In 1982, Chancellor Helmut Schmidt recognized that the National Socialist persecution of Romani people constituted genocide. The first German trial decision to take legal cognizance that Roma were genocide victims during the Third Reich was handed down in 1991. In 1997, Federal President Roman Herzog opened a Documentation and Cultural Center of German Sinti and Roma, saying “The genocide of the Sinti and Roma was carried out from the same motive of racial hatred, with the same intent and the same desire for planned and final annihilation as that of the Jews. They were systematically murdered in whole families, from the small child to the old man, throughout the sphere of influence of the Nazis.” At the 2007 OSCE Human Dimension Implementation Meeting, Thommas Hammarberg, Council of Europe Commissioner for Human Rights, observed that, “[e]ven after the [ . . . ] Nazi killing of at least half a million Roma, probably 700,000 or more, there was no genuine change of attitude among the majority population towards the Roma.”

  • Ukraine's Upcoming Elections: A Pivotal Moment

    This hearing focused on concerns of democratic backsliding in Ukraine under President Viktor Yanukovych.  In particular, the witnesses and commissioners discussed their concerns with the October 2010 local elections, the March 2012 mayoral elections. The witnesses, including the representative from several different non-governmental organizations working on democratic development in Ukraine, spoke about the impact of corruption, controls over the media and harassment of NGOs on the electoral process.  Evheniya Tymoshenko, the daughter of imprisoned former Prime Minister Yulia Tymoshenko, also spoke about her mother’s case.

  • More Democratic Setbacks in Ukraine

    Mr. Speaker, last week, former Ukrainian Interior Minister Yuriy Lutsenko was sentenced to four years imprisonment in yet another politically motivated trial. This comes after the imprisonment--also the result of an unfair trial on specious charges--of his ally, former Prime Minister Yuliya Tymoshenko, who continues to languish in prison in ill health. The sentencing of Mr. Lutsenko is a further confirmation that the regime of President Viktor Yanukovych is not taking its OSCE human rights and democracy obligations seriously. The imprisonment of opposition leaders Tymoshenko and Lutsenko prohibits their participation in October's parliamentary elections, raising serious questions about whether Ukraine will meet OSCE election standards. This could be especially troubling given Ukraine's assumption of the OSCE Chairmanship in January, 2013, two months after these elections. As Chairman of the Helsinki Commission, it is also of concern to me and my colleagues, who have long advocated an independent, democratic, and free Ukraine. Mr. Lutsenko's conviction is disconcerting in that it starkly illustrates the deterioration of human rights, democracy and the rule of law under the presidency of Viktor Yanukovych, who has pressed the pause button on Ukraine's once-promising advance towards democracy--and increasingly it seems he is switching to the reverse button. Instead, what we now see is something increasingly reminiscent of the kind of authoritarianism that exists in Russia, Belarus and elsewhere in the post-Soviet space. Ukraine's democratic backsliding is harming relations with the EU and the United States, and both have repeatedly made clear that for relations to improve, respect for human rights and the democratic process must improve. Most importantly, this now two-year deterioration negatively affects the Ukrainian people, who, following the Orange Revolution, had tasted the fruits of freedom, and are now increasingly experiencing the burden of its undoing. It is time for President Yanukovych to show respect for the dignity of his own people by putting an end to political prosecutions and other reprisals against those who oppose him and allow their full participation in political life. In order to find credibility with both the Ukrainian people and the international community, he must end restrictions on freedom of speech and association and reverse the debilitating corruption and judicial subservience to the executive which has so eroded the rule of law. Mr. Speaker, the time has come for the Ukrainian authorities to stop their slide to authoritarianism and resulting isolation which will only harm Ukrainians who for so long--and at such great cost--have struggled for freedom, dignity and justice. 

  • Healing the Wounds of Conflict and Disaster: Clarifying the Fate of Missing Persons in the OSCE Area

    The hearing examined efforts by governments and their partners in clarifying the fate of persons missing within a number of OSCE participating States and partner countries, especially in the western Balkans and northern Caucasus. The hearing also appraised the adequacy of assistance to governments and other entities engaged in locating missing persons, the obstacles that impede progress in some areas, as well as how rule of law mechanisms help governments fulfill their obligations to the affected families and society in clarifying the fate of missing persons. Currently, over a million persons are reported missing from wars and violations of human rights. In addition, there are thousands of reported cases a year of persons missing from trafficking, drug-related violence, and other causes. Locating and identifying persons missing as a result of conflicts, trafficking in humans and human rights violations and other causes remains a global challenge, with significant impact within the OSCE area.

  • Dispatches From Moscow: Luke Harding’s Chilling Tale of KGB Harassment

    This briefing, moderated by Kyle Parker, Policy Advisor at the Commission on Security and Cooperation in Europe, addressed issues of human rights abuses in Russia in the context of the then imminent elections and widespread protests. The witness – Luke Harding, a journalist with the Guardian – remarked on Russia’s human rights abuses which blatantly ignore their commitments to the Helsinki Accords, citing anecdotal evidence. Harding, who had been the only Guardian correspondent to have actually reported from Russia since the 1917 Bolshevik Revolution, had suffered more at the hands of the FSB than any other Western correspondent, due to the fact that, during his four year tenure in Moscow, he comprehensively and repetitively busted Russia’s taboos that make it the security state it is today.

  • The Escalation of Violence Against Roma In Europe

    This hearing focused on the discrimination, exclusion, and persecution faced by the Roma people in Europe.  Witnesses discussed the E.U. countries’ various national strategies for Roma integration and their effectiveness.  The witnesses also provided recommendations for the Commissioners on how to support European countries’ integration efforts on the government-to-government level.

  • Moldova: The Growing Pains of Democracy

    In this briefing, which Commission Staffer Kyle Parker chaired, the focus was on the progress on the implementation of democratic institutions in the former Soviet Republic of Moldova. The briefing took place on the heels of the December elections in the region of Transnistria and what such elections may have portended for the future in terms of normalization of the conflict in the region that had existed for twenty years at the time of the briefing. To be sure, at the time that the briefing was held, Moldova still had a lot of progress to make regarding human rights commitments, particularly as far as corruption and human trafficking were concerned, two intertwined issues that had been of particular interest to the Commission. However, as far as human rights commitments are concerned, Moldova has led the countries of the commonwealth of independent states.

  • Combating Anti-Semitism in the OSCE Region: Taking Stock of the Situation Today

    By most accounts, and thanks to the work of many courageous nongovernmental organizations (NGOs) the despicable evil of anti-Semitism has decreased in most parts of the OSCE region in recent years – but it still remains at higher levels than in 2000. This is simply unacceptable, and it was the topic discussed in this hearing. Concerns raised included political transitions in the Arab world and how they might affect Muslim-Jewish relations, including in Europe; the importance of engagement with Muslim communities in Europe; and growing nationalist and extremist movements that target religious and ethnic minorities.  Additionally the roles of the OSCE, U.S. government, and Congress in addressing continuing issues of anti-Semitism at home and abroad were discussed.

  • Belarus: The Ongoing Crackdown and Forces for Change

    Nearly one year after the brutal post-December 19, 2010, election crackdown, the human rights picture in Belarus remains bleak. Brave and committed individuals who attempt to promote a democratic future for Belarus continue to be crushed by the dictatorial Lukashenka regime. Civil society continues to be under assault, with NGOs facing ever greater constraints, and freedoms of assembly and expression are severely curtailed. Yet the ongoing economic turmoil has produced growing disaffection, as manifested in Lukashenka’s plummeting popular support, and a changing domestic and international environment. The hearing will focus on the extent and impact of the crackdown on the lives of its victims and on the larger society, and what more can be done by the U.S. and our European partners to promote democratic change in Belarus.

  • Good Governance

    Economic and Environmental Dimension Implementation Meeting Session 3: Good Governance Before I begin, I’d like to thank the panelists today for their excellent and informative presentations. The United States has viewed with keen interest the evolving discussions in recent years on what the OSCE’s priorities should be in the Economic and Environmental Dimension. As our friend and colleague Mr. Svilanovic pointed out during last year’s Vienna Review Conference, we appear to have come to an appreciation that good governance is the key linking theme across the entire second dimension. The Maastricht Strategy is very clear on this point: “Good public and corporate governance and strong institutions are essential foundations for a sound economy, which can attract investments, and thereby enable States to reduce poverty and inequality, to increase social integration and opportunities for all, and to protect the environment. Good governance at all levels contributes to prosperity, stability and security.” As we consider the implementation of our second dimension commitments, however, we should keep in mind why it is important to implement those commitments. The global economic downturn continues to put extreme pressure on people and governments across the OSCE region. To be sure, some countries have weathered the storm better than others. Still, no country can be forever immune to market forces, and even within those that have done well, there are always citizens left behind. This is certainly the case in the United States, and for this reason President Obama is focused intently on how best to put those Americans without a job back to work. We all know that trade and investment are critical drivers of economic growth. Indeed, recognizing this important reality, the Obama Administration has launched the National Export Initiative, which seeks to deepen our strategic trade relationships around the world, recognizing that 85 percent of world GDP growth will occur outside the United States in the coming few years. As we encourage more American businesses – large and small – to embrace international trade, seek opportunities in new markets, and make strategic investments that will lead to increased global trade flows, we are keenly aware of the challenges and costs posed by official corruption, weak institutions, and lack of respect for property rights, including intellectual property. Weak governance and lack of transparency constitute non-tariff barriers to trade, which we have committed ourselves to eliminating. Furthermore, the same issues that deter trade and investment also work against comprehensive security: a lack of transparency in governance leads to diminished confidence that problems and disputes will be addressed in a fair and impartial manner. Without trust and confidence in public institutions, there is little incentive for investors and companies to pursue trade deals or direct investment in those economies. The effect is stagnating economic performance, which, as we have seen in the past several months and years, can lead to political upheaval. The United States Government is deeply committed to fostering good governance and transparency in its political and economic institutions. President Obama has made the global fight against corruption a top priority. As he has noted, “In too many places, the culture of the bribe is a brake on development and prosperity. It discourages entrepreneurship, destroys public trust, and undermines the rule of law while stifling economic growth.” The real world costs of corruption and weak institutions should not be underestimated. The World Bank estimates that more than one trillion dollars in bribes are paid each year out of a global economy of approximately 30 trillion dollars. That's an incredible three percent of the world’s economy. In 2009, companies lost nearly $25 billion to companies willing to pay bribes in deals for which the outcome is known. And bribery is especially costly for small and medium-size enterprises (SMEs): a separate study has shown that up to 25 percent of SME operating capital in companies operating internationally is diverted to corruption. That is a staggering figure that illustrates how corruption diverts scarce resources to thoroughly unproductive ends. Corruption is a global problem that knows no borders. And that’s why corruption demands a truly global response – one that knows no limits on collaboration. The Obama Administration is doing its part to implement its obligations under the OECD Anti-Bribery Convention by enforcing the U.S. Foreign Corrupt Practices Act (FCPA) strictly and fairly. We are determined to ensure that U.S. businesses do not contribute to corruption in foreign markets. At the same time, we are determined to do what we can to assist them in the fight against foreign corruption, and against the high risk and significant costs of corruption in such markets. Regrettably, at this stage, the lack of enforcement of domestic bribery laws, and of foreign bribery laws by many nations that are Parties to the OECD Anti-Bribery Convention is extremely troubling and raises concerns about a lack of political will. Governments can and should prosecute both those who give bribes and those who receive them, both at home and abroad. And the OSCE should continue to encourage participating States to adopt and enforce rigorous anti-bribery regimes. Of course, the fight against corruption is not simply a law enforcement matter; rather it can also be a significant – if not the most significant – non-tariff barrier all companies face. Accordingly, the U.S. Department of Commerce and the International Trade Administration (or ITA) are committed to working with our trading partners to level the playing field and to promote transparent and corruption-free markets globally. Our work to promote clean and ethical business environments occurs at both the multilateral and bilateral level. At the multilateral level, the ITA is pressing its counterparts to lead by example and to implement comprehensive anti-corruption measures. In addition to our work through the OECD, the United States has been working diligently to persuade the G20 countries to adopt a comprehensive anti-corruption action plan, which includes a commitment focused on adoption and robust enforcement of anti-bribery laws, implementation of the UN Convention Against Corruption, greater engagement with the private sector, and support for transparency mechanisms, to name a few. Many of these commitments require our G20 partners to enact and implement new laws and preventive measures. The United States, at ITA’s initiative, in particular, took the lead on proposals relating to the private sector and also on whistleblower protection, within the G20. In the United States, whistleblowers play a crucial role in helping to enforce anti-corruption law. This principle is also embodied in international conventions. Articles 12 and 13 of the UN Convention require States Parties to prevent corruption in the private sector and promote the fight against corruption with the business community and civil society. Unless governments can protect whistleblowers, it is unlikely that they can identify or address systemic causes of corruption. The United States believes robust whistleblower protection should be an essential part of any good governance initiative in the OSCE, and I was encouraged to hear Ambassador O’Leary indicate that this will be an area of focus under the Irish Chairmanship. The U.S. Department of Commerce has also been committed to fostering strong private sector integrity as an integral part of promoting good governance in markets worldwide. Companies are global corporate citizens, and as such, can work collectively and with governments to foster trust, and promote transparency. I hope that some our work may provide a useful model for the OSCE to consider as it looks to embrace good governance and anti-corruption as a priority for the second dimension, a goal we fully support, and which I am personally committed to supporting. For example, the ITA has championed business ethics and corporate governance reform since the early 1990s, following the fall of the Berlin Wall. Our Business Ethics Manual has been translated into Chinese, Spanish and Russian and is still one of the most widely used resources on this important topic. We have partnered with business associations and chambers of commerce to develop collective action and business ethics program in many markets. Our work on business ethics has grown. This past year, the ITA has focused on trying to heighten awareness of good governance, transparency and business ethics in sectors of vital importance to many economies – by taking a “sectoral” approach to combating corruption and promoting good business practice, the challenge of dealing with corruption becomes less daunting. The ethical issues specific to different industries vary greatly – and there is no one-size-fits-all approach to the problem. Within the G20, for example, the United States, at the initiative of the U.S. Department of Commerce, has taken the lead in calling for the G20 to endorse additional sectoral approaches to fighting corruption, beyond the Extractive Industries Transparency Initiative (EITI). We have asked G20 governments, for example, to consider supporting the Construction Sector Transparency Initiative (COST) – a new multistakeholder initiative, developed by the World Bank. COST uses similar approaches to EITI to promote greater transparency in public infrastructure projects and government procurement. I hope that the OSCE might similarly consider COST and other multistakeholder approaches to promoting transparency under the Irish chairmanship. Within APEC, the ITA has focused on developing new ethical principles for key sectors within the APEC region. I am pleased to report that under the APEC SME working group, we have coordinated a project with APEC countries and businesses to develop principles of business ethics in the construction, medical devices and biopharmaceutical sectors. These voluntary principles are meant to be used by businesses and trade associations – large andwithin the OSCE framework and the EEDIM, we might also consider focusing on business ethics in specific sectors of interest to all of our economies. I want to close by suggesting some activities to take the theme of good governance and transparency forward. In addition to encouraging the OSCE to formally endorse the Extractive Industries Transparency Initiative—a move that would send an important signal about this body’s commitment to the principles of good governance and transparency—the U.S. encourages us to explore whether there are additional sectoral initiatives that merit support from the OSCE, including the Construction Sector Transparency Initiative. The United States Government also strongly supports the Irish Chair’s goal to develop a Statement or Declaration of Transparency Principles to help guide our governments in their future activities. I want to encourage us to consider new models of bilateral cooperation to promote good governance such as the model Mr. Murray just discussed, leading to a public-private initiative in the Russian power generation sector. We at the U.S. Department of Commerce are working closely with the Center for Black Sea/Caspian Studies at American University to potentially convene a conference in May of next year that would seek to address the challenge of developing mechanisms to ensure good governance and transparency, while also balancing the goals of protecting national security and accelerating economic development faced by the countries of the Caucasus and Central Asia, as they seek to assert their role as a gateway between Europe and Asia. In addition, the conference will also focus on specific market access challenges to regional integration and economic development in the Caucasus and Central Asia such as transparency in Government procurement and privatization, and trade facilitation challenges, including customs and lack of regional harmonization. It is our hope that the OSCE will join us for this event – focused on critical areas such as transport and infrastructure – to work on tangible ideas for projects and collaborations in the OSCE region. We look forward with great interest to the 20th Economic and Environmental Forum, where we will delve deeper into all the facets of good governance. We also thank the Lithuanian Chairman-in-Office for  ensuring that their draft Ministerial Council decision on Energy Security incorporates transparency in the energy sector – in our view, considering the vital role that energy plays in modern economic life, there can be no confidence, and thus no security, without energy transparency. In the year ahead, we envision an even broader focus on transparency principles across the entire spectrum of economic and environmental activities, and will work with all of our colleagues in the OSCE to make that vision a reality. Thank you, Mr. Moderator.  

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