Title

The Good Friday Agreement at 20

Thursday, March 22, 2018
9:30am
Rayburn House Office Building, Room 2200
Washington, DC
United States
Achievements and Unfinished Business
Official Transcript: 
Members: 
Name: 
Representative Chris Smith
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Senator Ben Cardin
Title Text: 
Ranking Senate Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Representative Brendan Boyle
Title Text: 
Member
Body: 
U.S. House of Representatives
Witnesses: 
Name: 
Brian Gormally
Title: 
Director
Body: 
Committee on the Administration of Justice
Name: 
Judge James F. McKay III
Title: 
President
Body: 
Ancient Order of Hibernians
Name: 
Mark Thompson
Title: 
Director
Body: 
Relatives for Justice

From 1969-1999, political violence shook Northern Ireland in a time known as “The Troubles,” and by its end, nearly 3,500 people died. Through negotiations between the Governments of Ireland and the United Kingdom, as well as with political parties from Northern Ireland, an agreement was reached, bringing an end to hostilities. On April 10, 1998, their settlement was signed, and is remembered as the Good Friday Agreement.

As the United States celebrates twenty years of compliance of this landmark agreement, the anniversary also brings a moment of honest reflection. Full implementation of this agreement has been challenging and certain aspects remain unfulfilled. There are still concerns regarding devolved government, police reforms and accountability for past abuses.

The hearing, held on March 22, 2018, was convened in order to commend the achievements of the Agreement and to bring to light aspects of the Agreement that have not been fully implemented, including state collusion in the crimes of paramilitaries. It featured testimony from Brian Gormally, Director of the Committee on the Administration of Justice; Judge James F. McKay III, President of Ancient Order of Hibernians; and Mark Thompson, Director of Relatives for Justice.

Congressman Chris Smith opened by informing the witnesses and guests of the Hearing of a resolution he introduced in the House, H. Res. 777, calling for a recommittal of the United States, the British, and all parties—including the Republic of Ireland—to the peace process

Ranking Member Senator Ben Cardin expressed his ongoing support of the spirit embodied by the Agreement, saying that, it represented “the best of the Helsinki principles” and urged the maintenance of its terms through Brexit negotiations.

Representative Brenan Boyle, condemned remarks from London that suggested the Good Friday Agreement wasn’t meant to be permanent. Boyle reaffirmed American support and claimed, “That there is absolutely zero support in Washington, D.C. for going back to the days of pre-Good Friday Agreement.”

Brian Gormally, the first witness to testify, outlined what he and his organization consider the main area of ongoing human rights violations, though it is not addressed fully by the Agreement. Impunity for past crimes, Gormally said, has left victims dying “without seeing justice, or even serious attempts to achieve it.” Such nonchalance by the British government and security forces have undermined society, threatened the peace process and erode faith in the rule of law.

The second witness to testify, Judge James McKay, reminded the Commissioners of the close relationship between the United States and Ireland, and thus, why the United States is such a strong and vocal stakeholder in the Agreement’s continuance. He stated that the AOH understands the importance that the issue of identity weighs on individuals, and that understanding leads them to believe the best way of mitigating identity and legacy issues is through a special, third party envoy.

The final speaker, Mark Thompson, was then yielded the floor. He emphasized how much international forums such as this one resonated with the families and communities affected by this conflict, as well as non-government organizations seeking the promotion and protection of human rights.

Congressman Smith then returned to the issue of developing a special envoy. Judge McKay and Mr. Thompson were in agreement that such an envoy would be a much-needed impetus to “move things forward,” as Mr. Thompson said.

The hearing gave considerations regarding the case of Pat Finucane. Judge McKay remarked upon the two standards held by London and Belfast. “I’m sure if Pat Finucane were murdered on the streets of London in the same manner,” he said, “this would have been headlines and inquiries going on within three or four months.”

In closing, Judge McKay offered his thanks to Congressman Smith for the drafting and introduction of House Resolution 777, and offered the assistance of his organization to back its passing. Mr. Thompson concluded that with Brexit on the horizon, “it would be timely to have a U.S. intervention.” Mr. Gormally emphasized that “the guiding principle before and since the Good Friday Agreement is to implement human rights standards.”

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  • OSCE Chairman Addresses Helsinki Commission in Advance of Madrid Ministerial

    By Ronald J. McNamara, International Policy Director Spain’s Foreign Minister, Miguel Angel Moratinos, appeared before the Helsinki Commission on October 29, in his capacity as Chairman-in-Office of the Organization for Security and Cooperation in Europe, to discuss developments in the 56-nation OSCE before ministers meet in Madrid in late November. Similar hearings with the top political leader of the Vienna-based organization have been convened annually since 2001. Finland will assume the year-long chairmanship beginning in January. In prepared remarks, Commission Chairman Alcee L. Hastings noted, “While the participating States may share a common view of Europe on paper, translating that vision into reality is another matter altogether. While all OSCE commitments have been agreed to by all of the countries, the fact is that there are human rights commitments that have been on the books for many years that would not be agreed to by some today. Indeed, the OSCE, and its precursor, the CSCE, have served as barometers for relations among the participating States. Frankly, the current barometric pressure is low, signaling a likely impending storm.” Commission Co-Chairman Benjamin L. Cardin, also in a prepared statement, commended the Government of Spain for organizing the 2005 Córdoba Conference on Anti-Semitism and on Other Forms of Intolerance. He noted that the Helsinki Commission has been particularly active in the face of the spike of anti-Semitism and related violence in the OSCE region. “We appreciate your efforts to keep this important issue on the OSCE agenda with the reappointment of the personal representative on different aspects of tolerance as well as the related conferences convened this year in Bucharest and Córdoba,” said Cardin. The October 2007 Córdoba Conference focused on intolerance and discrimination against Muslims, a priority concern of the Spanish chairmanship. Commissioner Louise McIntosh Slaughter, who chaired the hearing, expressed particular appreciation for the Minister’s recognition of the distinctive contributions of parliamentarians to the Helsinki process. Slaughter has been a long-time active participant in the OSCE Parliamentary Assembly. She welcomed the timeliness of the hearing and recognized the complicated dynamics evident in the lead up to the Madrid Ministerial. “I know you have an ambitious agenda for the Madrid meeting and the Russians and others may complicate your work given the OSCE rule requiring consensus,” she said, continuing, “over the years, I have appreciated the opportunity to work closely with fellow parliamentarians from throughout the OSCE region, from Vancouver to Vladivostok. The OSCE PA has provided important leadership on issues from combating anti-Semitism and other forms of intolerance to promoting projects aimed at protecting the environment, to combating the scourge of human trafficking and advancing security among the participating States.” As one of Congress’ leading voices on equal rights for women, Commissioner Slaughter also commented on the OSCE PA’s trailblazing work in this area, as well. Moratinos’ testimony covered a wide range of accomplishments during the Spanish chairmanship as well as the numerous outstanding and potentially contentious issues on the OSCE’s agenda. On Kosovo, the Minister stressed, “We have managed over the years to maintain a neutral and unbiased position in regard to the status of Kosovo and the communities recognize this effort of OSCE. While the OSCE is not directly involved in the status negotiation, we are, as OSCE, contributing to the process of creating the necessary conditions on the ground for the implementation of the status settlement.” In response to a query from Slaughter about a possible unilateral declaration of independence by Kosovo and the prospects for renewal of OSCE’s current mandate covering operations in Kosovo which expires at year’s end, Moratinos stressed that “it's very important that OSCE maintain its engagement in Kosovo, whatever is going to be the future status. We are ready to stay in Kosovo in order to focus on monitoring protection of the rights of communities, particularly regarding the centralization and the protection of cultural and religious sites.” With regard to longstanding conflicts in the OSCE region, the OSCE Chairman-in-Office pointed to the Organization’s continuing work to facilitate a settlement on the Transnistrian issue in Moldova, through participation in the "five-plus-two" negotiations. Regarding the Nagorno-Karabakh conflict, he reported that while ongoing mediation efforts by the OSCE Minsk Group have not resulted in a breakthrough in the settlement process, the parties nevertheless remain committed to continuing the negotiations. Moratinos cited concern over serious incidents both in Abkhazia and the zone of the Georgian-Ossetian conflict. He discussed the chairmanship’s efforts in the aftermath of the August 6th missile incident between Russian and Georgia, stressing the need for forward-looking measures to build confidence between the two OSCE countries and avoid similar incidents in the future. Turning to Afghanistan, the OSCE's newest Partner for Cooperation, Slaughter remarked, “When I first flagged the concerns regarding the problems in Afghanistan in the OSCE context, some people said ‘that isn't our concern, it's outside the OSCE region.’ Well, one of the lessons of September 11 is that events in seemingly faraway lands do matter for the people there and ultimately for our own security.” Moratinos, in response, said “The situation in Afghanistan continues to have a substantial impact on security in Central Asia. In this respect, the OSCE is considering a serious border management project, particularly in Tajikistan. We hope to encourage counterparts in Afghanistan in these border related activities.” Spain is proposing an informal discussion on the margins of the Madrid Ministerial on the OSCE’s role in promoting the stability and future of Afghanistan. Slaughter referred to a recent meeting she had with Afghanistan’s President Karzai in which she underscored the importance of the movement of women in that country and the benefits of educating his young Afghan girls. An outspoken supporter of Kazakhstan’s longstanding bid to chair the OSCE, Moratinos remarked, “this bid has been welcomed by all members of the Organization and we hope and we are sure that this is an excellent opportunity for Kazakhstan, Central Asia, and the OSCE as a whole. For now, there is not a final consensus regarding the date of the chairmanship by Kazakhstan, but as Chairman-in-Office, Spain is actively seeking to build a consensus amongst all OSCE states on this important decision for the Organization.” Broaching concerns over observation of upcoming parliamentary elections in the Russian Federation scheduled for December 2, Commissioner Slaughter cited remarks by a senior Russian elections official suggesting that there would be a numerical limit to the number of international observers, including OSCE observers to 400 in total. Slaughter pointed out that the OSCE alone deployed over 450 in 2003 for the last election to the State Duma, Russia’s parliament. In response, Moratinos stated, “If there is a danger in the debate of election observation, it is that some participating States, to a certain extent, would like to shift the discourse away from commitments and the fulfillment, or lack of fulfillment. We find it unhelpful to call into question the well established OSCE practice on election observation, which so far has proved most fruitful. In this respect, it is our concern that the announcement made by the Russian representative in Vienna indicating that the invitation to observe the Duma election would be ‘ala carte.’” On the thorny issue of Russian intransigence in the OSCE, Ranking Minority Member Christopher H. Smith, in a prepared statement, underscored that the power of ideas remains a meaningful force today as witnessed by the drama being played out in the arena of the OSCE between those committed to pluralistic democracy and those pursuing authoritarianism, euphemistically termed “managed democracy, and dictatorship, as in Belarus and others. “Compromising on core values or watering down longstanding commitments is not the solution to the current impasse. Rather, our responsibility is to remain steadfast to these values and principles to which all participating States – including those now recalcitrant – have promised to uphold in word and deed,” warned Smith. Moratinos concluded by focusing on the future of the OSCE against the backdrop of discontent among some participating States, notably Russia, Belarus and like-minded countries with some of the activities of the Organization and its direction as well as uncertainty over sustained funding of OSCE, including potential gaps between U.S. rhetorical support and actual commitment of resources. On the former, the Minister suggested that perhaps the time was ripe for the convening of an OSCE summit meeting of Heads of State or Government from the participating States. The last OSCE summit was held in Istanbul, Turkey, in 1999. Skeptics might question the prudence of organizing a summit now, given the acrimony over fundamental aspects of the OSCE standing in stark contrast to the 1990 Paris Summit which opened a new chapter in the Helsinki process firmly rooted in a commitment to pluralistic democracy and free and fair elections. On the question of U.S. funding of OSCE, Moratinos voiced concern over “some rumors” regarding possible cuts in support and enlisted the support of members of the Helsinki Commission in addressing the matter. “I know that the Helsinki Commission plays a unique role as a forum for debate on the burning issues of the day facing the OSCE and the region. In so doing, this Commission pays unique tribute to the longstanding and continued engagement by the United States with the OSCE and the values that underpin it,” said Moratinos.

  • Rep. Hastings Remarks on "Post-Conflict Reconstruction: Engaging Civil Society in Reform"

    Today, Congressman Alcee L. Hastings (D-FL), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), made the following remarks at a conference hosted by the Center for International Private Enterprise (CIPE) entitled Post-Conflict Reconstruction: Engaging Civil Society in Reform: Thank you, John, and thank you for the opportunity to be here with you all today. Helping a country stand on its own two feet after a debilitating conflict is a slow and difficult task. Not only must we tend to the physical reconstruction of buildings, homes and roads, but political institutions must often be re-constructed or created from scratch. The social fabric must also heal. President Kennedy said that, “Peace is a daily, a weekly, a monthly process, gradually changing opinions, slowly eroding old barriers, quietly building new structures.” This is particularly true in the countries that are the subject of this conference, where internal conflict has been the rule not the exception and maintaining peace and building a future is something that happens not state to state but neighbor to neighbor. I have just returned from a trip to Kosovo where I saw some fragile communities and met neighbors who are still living in suspicion and fear. It is clear that Kosovo cannot fully recover from the conflict until its political status is resolved. I support the Ahtisaari plan as the best hope for the minorities in Kosovo and I think the best chance for Kosovo’s future. I am convinced that stability in Kosovo is inextricably linked with the condition of Kosovo’s minorities. And clearly, more attention needs to be given to making conditions for minorities sustainable. These groups need to feel not only physically safe, but feel invested in their future in Kosovo. That includes the ability to make a living, have a home, and raise a family. Giving minorities the protections they need, will contribute to the long-term stability and development of Kosovo. One specific area I learned about on my trip was the need for Kosovar institutions to do more in terms of property restitution and the development of a property rights system. There is work that can be done now, and the resolution of Kosovo’s status will also help in this area. I want to particularly mention some great work that CIPE and its local partners are doing in Kosovo. One of their partners has focused on working with local municipalities in Kosovo, building their capacity for local economic development. By facilitating public-private partnerships on the local level, they are engaging the government and the business community in development of legislation to spur employment, investment, and locally-driven growth. Before I wrap up, let me just speak for a minute about Bosnia. I’ve been to Bosnia six times—both during and immediately after the war. When I traveled there the pictures that kept traveling through my mind were the beautiful scenes from the 1984 Sarajevo Olympics that I watched on television. And when I toured Bosnia it didn’t seem possible that this devastated landscape was once a vibrant international city, and that an Olympic stadium could be the site of a graveyard. In the last 10 years Bosnia has made tremendous progress in restoring its former charm. And I know that is due to the hard work of not just the international community but of the Bosnians themselves. Despite the odds, they put themselves on a path toward not only lasting peace but toward European integration and we all want to see a full commitment to practical reforms in Bosnia that keep them on this path. What I hope this conference today will help address is how Bosnia can maintain this momentum by using increased domestic resources to replace the reduced international financial support. I want to wish you well as you discuss Kosovo and Bosnia as well as Afghanistan and Iraq. The future peace of these regions is dependent not just on sufficient international aid, but in ensuring local civil society is active and invested in the future of their own country. I commend the groups represented here today who are on the front lines of this effort. Thank you for your work and I wish you a successful conference today. About CIPE: is a non-profit affiliate of the U.S. Chamber of Commerce and one of the four core institutes of the National Endowment for Democracy. CIPE has supported more than 1,000 local initiatives in over 100 developing countries, involving the private sector in policy advocacy and institutional reform, improving governance, and building understanding of market-based democratic systems. www.cipe.org  

  • Parliamentary Elections in Serbia Reveal Progress in Democratic Development but also Support for Nationalist Causes

    By Clifford Bond and Robert Hand On January 21, Serbia held elections for the 250-seat parliament, the National Assembly. Monitored by more than 300 international observers under OSCE auspices, including two members of the Helsinki Commission staff, the elections were overwhelmingly viewed as being conducted in a free and fair manner. The outcome and related institutional questions, on the other hand, indicate that Serbia’s political development remains burdened by the legacy of the Milosevic regime that ruled for over a decade before being ousted in 2000, even as the country moves in an increasingly democratic direction. These elections were held in the aftermath of the dissolution of the state-union between Serbia and Montenegro following the latter’s declaration of independence in June 2006. Serbia subsequently adopted a new constitution in October 2006. Looming over these formal developments and new elections, however, is the larger question of Kosovo’s future status. The actual timing of the elections was used as a pretext for delaying a UN recommendation on Kosovo, which is expected shortly. Based on the conduct of previous elections in Serbia, there was little concern that these elections would fall short of international standards. However, some concerns were raised regarding the conduct of the earlier constitutional referendum, which witnessed a strong, last-minute push of voting in some regions with the apparent purpose of ensuring a positive outcome. The constitution itself is controversial, particularly in its numerous references to Kosovo as an integral part of Serbia, which may have led some segments of Serbian society to boycott the referendum. Undoubtedly, more important international concerns include the uncertain direction of Serbia’s political development and a desire to strengthen Serbia’s democratic institutions. OSCE Parliamentary Assembly President Goran Lennmarker, a Swedish parliamentarian, was designated by the OSCE Chair-in-Office to lead the short-term election observation mission as Special Coordinator. The OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) conducted a long-term observation effort headed by retired German Ambassador Geert Ahrens. Perhaps the chief criticism of the election process was the obvious gap between the voter’s choice and the actual selection of the person who ultimately takes a parliamentary seat. The Serbian voter chooses a political party or coalition on the election list, but, once it is determined how many seats a particular party/coalition gets, the party leadership then has ten days in which to select which of the 250 persons on its submitted party list actually take a seat. This method of selecting parliamentarians has been criticized for lacking transparency and effectively concentrating attention not on specific candidates and their views or abilities but on the political party leaders who retain control over their members. This leadership control may be further strengthened by requiring deputies to sign undated letters of resignation which can be used to remove them if they fail to observe party discipline. On the other hand, efforts were undertaken – albeit not without some opposition -- to modify existing law and encourage minority representation, including lowering the number of signatures for parties representing ethnic minorities from the normal 10,000 to only 3,000 and dropping the threshold needed to enter the parliament from 5 percent of the votes case to 0.4 percent (1/250) of those cast. Two Hungarian and two Romani political parties joined a Bosniak coalition from the Sandzak region and an Albanian coalition from southern Serbia on the election ballot. Albanian participation was the first since 1997, although two Albanian-based political parties which originally joined the coalition subsequently withdrew and supported a boycott of the elections. The election campaign was long by Serbian standards and quite intense. In contrast to the constitutional referendum campaign, the issue of Kosovo’s status did not dominate campaign rhetoric. Instead, there was considerable and perhaps refreshing discussion of economic issues, for example, reflecting the fact that despite significant economic growth, unemployment remains high. EU enlargement may also increasingly isolate Serbia and its people within the region. Some parties focused more heavily on corruption, property restitution and other economic issues. The democratic and nationalistic range of the dominant Serbian political parties differed on integration mostly in their degree of enthusiasm and differentiation between support for joining the European Union on the one hand and joining NATO on the other. They likewise differed on Kosovo mostly to the degree to which its loss to Serbia was an acknowledged inevitability. Comments by politicians and diplomats from other countries supporting reformist parties late in the campaign prompted cries of interference from more nationalist parties. Observers monitoring media coverage of the campaign reported a very balanced approach, particularly among the broadcast media, as well as a positive tone indicating almost too much official instruction about how to remain neutral. The print media’s performance was more uneven in its campaign coverage, but low reliance on print media in Serbia made such differentiation of questionable significance. Election day was largely dry and unseasonably mild, and this contributed to high voter turnout of above 60 percent. This reversed trends toward voter apathy in previous elections. Out-of-country voting also took place for Serbian citizens in 34 other countries. Upon visiting their designated polling station, over 8,500 in all, voters typically encountered a polling board enlarged by political party representation to often as many as 20 to 30 or more members. Nevertheless, with few exceptions the polling was conducted in a professional manner that respected the secrecy of the ballot and made election-day manipulation, if any was intended, difficult to accomplish. The ballot presented the same list of 20 political parties or coalitions to voters across the country, albeit in different languages depending on concentrations of ethnic minorities residing in the area. Unlike the referendum in which the constitution would either pass or fail, polling board members represented political parties that had no real expectation of an outright victory and merely hoped to achieve or maybe exceed the high end of predictions based on public opinion polls. This likely reduced tension on election day, including during the critical counting of ballots once polls closed, despite significant political differences within polling boards. The Center for Free Elections and Democracy (CeSID), a civic non-governmental organization, helped reduce tension by peppering Serbia with close to 4,000 domestic observers to discourage irregularities. The day after the election, before final results were announced, the International Election Observation Mission held a press conference to announce its preliminary conclusions. As Special Coordinator, OSCE Parliamentary Assembly President Goran Lennmarker released the joint statement which began with the clear statement that the “parliamentary elections in Serbia were free and fair. They provided a genuine opportunity for the citizens of Serbia to freely choose from a range of political platforms. The 20 lists of political parties and coalitions vigorously competed in an open campaign environment. The election campaign was calm, and checks and balances ensured that the election reflects the will of the people, in line with the OSCE’s Commitments as well as with the Council of Europe standards.” The OSCE’s ODIHR released an additional report of its preliminary findings based on the month-long observation of its 28-member team. Despite the overwhelmingly positive assessment, the Republican Election Commission did cancel results in 14 polling stations due to irregularities. World reaction to the results focused heavily on the continued support among the Serbian electorate for the Serbian Radical Party (SRS) led by indicted war criminal Vojislav Seselj, which garnered 28.7 percent of the vote, up from 27.6 percent in the last elections in 2003. That, of course, rightly leads to concern about Serbia’s inability to reject the extreme nationalism fostered by the Milosevic regime throughout the 1990s. On the other hand, the Democratic Party (DS) of President Boris Tadic came in second with 22.9 percent of the vote, an increase from 12.6 percent in 2003 and an indication that entrenched nationalist sentiments have not negated strong support for democratic development and integration. The coalition led by the Democratic Party of Serbia (DSS) of the current Prime Minister, Vojislav Kostunica, gained only 16.7 percent of the vote, compared to 17.7 percent in 2003. The DSS, which bridges the nationalist/democratic divide in Serbian politics, appears to be replaced by the DS as the leading reform-oriented party in Serbia. G17-Plus, which has focused heavily on economic reform, saw its percentage of support drop but retained enough for parliamentary representation, as did the Socialist Party of Serbia (SPS), once led by Slobodan Milosevic. The Liberal Democratic Party (LDP), a newer party led by Cedomir Jovanovic which more completely than any other rejects the Milosevic legacy, crossed the 5 percent threshold by leading a coalitions of like-minded parties. The Serbian Renewal Movement (SPO) of Vuk Draskovic, which traditionally featured prominently in Serbia’s multi-party political history, did not. One Hungarian and two Romani parties, along with the Bosniak and the Albanian coalition, won one or more seats in the National Assembly. The odds that the SRS will be part of a coalition government appear to be slimmer than one year ago, when that was a major concern. Instead, the hope is for the DS and the DSS to overcome differences to form a new government with the support of other democratic forces, such as the G-17 Plus. Such a coalition could advance Serbia’s integration into the Euro-Atlantic community. Prime Minister Kostunica’s past government relied on SPS support to stay in power, and he has indicated an unwillingness to enter a coalition with the Radicals. Personality conflicts, as well as differences over important issues such as cooperation with the Hague-based International Criminal Tribunal for the Former Yugoslavia (ICTY) and the appropriate response to an expected UN proposal on the status of Kosovo could complicate coalition formation. Most leading Serbian parties have counted on international concern over Serbia’s political direction to delay an expected UN recommendation, but that appears increasingly unlikely. A proposal on a new status for Kosovo will jolt the Serbian political scene. Many in Serbia feel victimized by the Milosevic regime. They fail to fully appreciate, however, the tremendous damage and suffering inflicted on the neighboring peoples of the former Yugoslavia during the Milosevic era through the commission of war crimes, crimes against humanity and genocide, and a deep distrust resulting from Serbia’s inability to acknowledge that reality. Serbia will not fulfill its democratic promise until it fully comes to terms with this recent history. For that reason full cooperation with The Hague Tribunal remains essential. Over the longer term, democratic forces inside the country should prevail and advance Serbia’s reconciliation with its neighbors and its full integration into Europe, but without a mental break with its past this task will take longer and be more difficult to accomplish.

  • Recognizing the 50th Anniversary of the Treaty of Rome

    Mr. WEXLER. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 230) recognizing the 50th Anniversary of the Treaty of Rome signed on March 25, 1957, which was a key step in creating the European Union, and reaffirming the close and mutually beneficial relationship between the United States and Europe. The Clerk read as follows: H. Res. 230 Whereas, after a half century marked by two world wars and at a time when Europe was divided and some nations were deprived of freedom, and as the continent faced the urgent need for economic and political recovery, major European statesmen such as Robert Schuman, Jean Monnet, Paul-Henri Spaak, Konrad Adenauer, Alcide de Gasperi, Sir Winston Churchill, and others joined together to lay the foundations of an ever closer union among their peoples; Whereas on March 25, 1957, the Federal Republic of Germany, France, Italy, Belgium, the Netherlands, and Luxembourg signed the Treaty of Rome to establish a customs union, to create a framework to promote the free movement of people, services, and capital among the member states, to support agricultural growth, and to create a common transport policy, which gave new impetus to the pledge of unity in the European Coal and Steel Agreement of 1951; Whereas to fulfill its purpose, the European Union has created a unique set of institutions: the directly-elected European Parliament, the Council consisting of representatives of the Member States, the Commission acting in the general interest of the Community, and the Court of Justice to enforce the rule of law; Whereas on February 7, 1992, the leaders of the then 12 members of the European Community signed the Treaty of Maastricht establishing a common European currency, the Euro, to be overseen by a common financial institution, the European Central Bank, for the purpose of a freer movement of capital and common European economic policies; Whereas the European Union was expanded with the addition of the United Kingdom, Denmark, and Ireland in 1973, Greece in 1981, Spain and Portugal in 1986, a unified Germany in 1990, Austria, Finland, and Sweden in 1995, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia in 2004, and Bulgaria and Romania in 2007, making the European Union a body of 27 countries with a population of over 450 million people; Whereas the European Union has developed policies in the economic, security, diplomatic, and political areas: it has established a single market with broad common policies to organize that market and ensure prosperity and cohesion; it has built an economic and monetary union, including the Euro currency; and it has built an area of freedom, security, and justice, extending stability to its neighbors; Whereas following the end of the Cold War and the disintegration of the Soviet Union, the European Union has played a critical role in the former Central European communist states in promoting free markets, democratic institutions and values, respect for human rights, and the resolve to fight against tyranny and for common national security objectives; Whereas for the past 50 years the United States and the European Union have shared a unique partnership, mindful of their common heritage, shared values and mutual interests, have worked together to strengthen transatlantic security, to preserve and promote peace and freedom, to develop free and prosperous economies, and to advance human rights; and Whereas the United States has supported the European integration process and has consistently supported the objective of European unity and the enlargement of the European Union as desirable developments which promote prosperity, peace, and democracy, and which contribute to the strengthening of the vital relationship between the United States and the nations of Europe: Now, therefore, be it  Resolved, That the House of Representatives-- (1) recognizes the historic significance of the Treaty of Rome on the occasion of the 50th anniversary of its signing;  (2) commends the European Union and the member nations of the European Union for the positive role which the institution has played in the growth, development, and prosperity of contemporary Europe;  (3) recognizes the important role played by the European Union in fostering the independence, democracy, and economic development of the former Central European communist states following the end of the Cold War;  (4) acknowledges the vital role of the European Union in the development of the close and mutually beneficial relationship that exists between the United States and Europe;  (5) affirms that in order to strengthen the transatlantic partnership there must be a renewed commitment to regular and intensive consultations between the United States and the European Union; and  (6) joins with the European Parliament in agreeing to strengthen the transatlantic partnership by enhancing the dialogue and collaboration between the United States Congress and the European Parliament.  I first want to thank Chairman Lantos for introducing this resolution with me. If there is anyone in Congress who fully understands the significance of this moment, it is Congressman Lantos, who has been an unwavering supporter of the transatlantic alliance and the creation of the European Union. In addition, I want to thank the ranking member of the Europe Subcommittee, Mr. Gallegly, for his efforts in bringing this resolution to the floor. Mr. Speaker, on March 25, 1957, in an attempt to recover from destruction caused by two devastating world wars, six European nations, France, Italy, Belgium, The Netherlands, the Federal Republic of Germany, and Luxembourg, joined together in common interest to form the foundations of a new economic and political community. The resulting Treaty of Rome laid the framework to promote an ever closer union among the peoples of Europe. At that time, the Treaty of Rome provided for the establishment of a common market, a customs union and common policies, expanding on the unity already established in the European Coal and Steel Community. The founding members, keen on ensuring the past was not to be repeated, were particularly interested in the idea of creating a community of peace and stability through economic ties. The success of the European Economic Community inspired other countries to apply for membership, making it the first concrete step toward the creation of the European Union. The Treaty of Rome established the basic institutions and decision-making mechanisms still in place today. The European Union, now comprised of 27 countries and over 450 million people, is a unique and a historic example of nation-states transcending their former divisions, deciding to come together for the sake of freedom, peace and prosperity, and resolving their differences in the interest of the common good and rule of law. The success of the EU over the past 50 years has also benefited greatly the United States. Today, the United States and Europe enjoy a mutually beneficial relationship that has a long and established history. As the world's most important alliance, the U.S. and the EU are intimately intertwined, cooperating on regional conflicts, collaborating to address global challenges, and sharing strong trade and investment relations. It is clear that the strongest possible relationship between the United States and Europe is a prerequisite for addressing the challenges of the 21st century. The U.S. and EU are working closely to promote reform and peace in the Middle East, rebuild and enhance security in Afghanistan, support the goals of democratization and prosperity in Eastern Europe, the Caucasus, Balkans and Central Asia, prevent genocide in Darfur and end the violence and terrorism in Lebanon. The anniversary of the Rome Treaty is a reminder of the importance of the transatlantic alliance in an increasingly difficult global environment. However, the 50-year EU experiment is an example of the enduring possibilities of democratic transformation and a brighter future for millions. It is my hope that the EU will continue to keep its doors open and remain a beacon of hope to the citizens of Europe who aspire to obtain the peace and prosperity that have blossomed over the past 50 years. When Americans visit Europe today, it is hard to see how very damaged the countries of that continent were when they emerged from the destruction of the Second World War. American assistance played a very important role in rebuilding Western Europe in the 1940s and the 1950s, and American arms played a crucial role in protecting the democracies of Europe from the advance of Soviet communism during the Cold War. Ultimately, however, Europeans needed to do more on their own to build upon a foundation that the United States had first provided. The 1957 Treaty of Rome, signed by France, Germany, Italy, Belgium, The Netherlands, and Luxembourg was one of the first steps that Western Europe took to put the causes and the legacy of the Second World War behind them. The treaty established a free-trade region known as the European Economic Community, the cornerstone of what we today know as the European Union. A post-World War II economically ravaged Europe reasoned that if nations are linked economically, in this case by recalling the role that economic decline and hindered trade among nations had played in the years leading up to World War II, the creators of that free trade zone saw that the freedom of movement of goods, services, capital, and people might well prove to be a great deterrent to conflict between the states of Europe, large and small. Over the subsequent decades through the entry of new members and expansions both geographically across Europe and functionally across issues, the European Community grew beyond the original core membership of the 1950s and assumed responsibilities going well beyond trade. Today, the European Union indeed counts among its member states countries that once were under Soviet domination. It has worked to transfer more powers from its individual member states to the overall organization centered on the road to creating a more unified European foreign and security policy and making the European Union an organization that the United States increasingly looks to for leadership on transatlantic issues, joining the NATO alliances that continue to bind us together in that common cause. While the European Community continues to provide a framework within which to conduct international trade, such as multilateral trade negotiations with the United States, it has also advanced the cause of liberty, free markets, democratic institutions, and respect for human rights throughout the European continent. The Treaty of Rome was an important step in building on the foundation that the United States helped create after World War II for Europe. Today, we look to a strong Europe as seen in the expanded NATO and expanded and strengthened European Union as a foundation on which we can work together to address new and ever growing challenges. Therefore, with enthusiasm, Mr. Speaker, it is that this House should commemorate the 50th anniversary of the signing of this Treaty of Rome. Mr. HASTINGS of Florida. Mr. Speaker, I rise today to join with my colleagues in supporting H. Res. 230, a resolution recognizing the 50th anniversary of the Treaty of Rome, which was signed on March 25, 1957. The Treaty of Rome established a customs union--formally known as the European Economic Community--among six countries: Belgium, France, Italy, Luxemburg, the Netherlands, and the Federal Republic of Germany. Today, that customs union is known as the European Union, and now includes 27 countries spanning the length and breadth of Europe. Most importantly, it has grown into an institution that inspires countries to be their better selves. If one travels to Europe today, it may be hard to remember that, 50 years ago, the continent was still recovering from the second of the two world wars it had unleashed in less than half a century. It may be hard today to recall or imagine the magnitude of devastation that still scarred farmland and cities alike. It may be difficult to conceive of the bitterness, anger and thirst for revenge that bled across the continent like the blood of those fallen in war. The fact that Germany, a country that had unleashed a war of aggression against its neighbors just a few years before, was included in this new ``community'' was really nothing short of a minor miracle. Moreover, fifty years ago, Europe was still riven in two--no longer by a shooting war, but by a cold war. While a small group of nations was beginning the slow process of rebuilding their own countries and forging transnational relations based on cooperation, mutual trust, and mutual benefit, another part of the continent had fallen under the boot of communist dictatorship, where the Soviet Union exploited its neighbors, stripping them of wealth, prosperity, and opportunity for generations. Just one year before the Treaty of Rome was signed, the Soviet Union underscored its opposition to any independent foreign or economic policy on the part of East European countries--a message unequivocally sent by its invasion of Hungary. As the years passed, and the success of the European Economic Communities became ever more apparent, it is no surprise that more countries joined this union. Membership in Council of Europe, the European Union's sister organization and home of the European Court of Human Rights, helped pave the way for membership in the EU. Meanwhile, the NATO alliance created a zone of military security where the post-war citizens of Western Europe could build a zone of financial security. Since the fall of communism, there is no doubt that the aspiration of joining the European Union, much like the goal of joining the NATO alliance, has helped focus the attention of many countries on overcoming their past differences for a larger, common good that also brings substantial benefits to their own citizens. Today, I commemorate the 50th anniversary of the signing of the Treaty of Rome, and the new vision it held for the European continent, one that has helped spread peace and prosperity to nearly 500 million people.

  • Remarks by Ambassador Clifford G. Bond at the International Forum Bosnia

    It is good to be back in Sarajevo again and I feel very much at home in this city and this country. When Dr. Mahmutcehajic invited me to speak at today’s conference on “American Policy in the Western Balkans,” I suggested that it might be best if I provided a perspective on the on-going work of the Helsinki Commission, which is where I am currently serving, and its impact on U.S. policy in the Balkans. The Commission is a unique institution made up of members of the U.S. Congress. It is not an easy task to generalize about the views of Commission members since each representative and senator is independent. Those who serve on the Commission do so because they share a commitment to human rights and democracy, and want to have an impact on U.S. engagement on these issues especially in the OSCE area, but beyond as well. Congress’ role in foreign policy, as in other areas, is to ensure that policy reflects the democratically expressed will of the American people. It balances the expertise of diplomats at the State Department and other Executive Branch agencies with a consideration of what the public will support. This is one reason why U.S. foreign policy has taken a more comprehensive view of security that includes democratic development and human rights, as opposed to a more “realpolik” view of the world. This was evident in the Balkans throughout the 1990s. In response to conflict in Bosnia, for example, many in Congress pressed the Bush and later Clinton Administration for a more activist and a more interventionist response. Members of Congress, including members of the Commission at that time, were among the first in government to advocate not only for efforts to contain the conflict but for decisive action, including the use of force if necessary, to stop it. Whenever I addressed an audience in Bosnia and Herzegovina (BiH) in the past, the question invariably arose of whether the Balkans remained a priority for the U.S. Obviously the region receives much less attention today than it did 10 years ago. But it would be incorrect to say that the Balkans is ignored and developments on the ground are not being followed on Capitol Hill. There remains an understanding within Congress that the work of the international community is incomplete in this region and that the states of the western Balkans deserve to be integrated into Europe and Euro-Atlantic institutions. This has sustained Congressional support for NATO enlargement and the process of EU integration of the western Balkans, a view that runs even deeper among members of the Helsinki Commission. Moreover, at the initiative of representatives of the more than 300,000 members of the Bosnian-American diaspora, a new bipartisan Bosnian Caucus is being set up within Congress to focus on and support issues of importance to Bosnia and Herzegovina and the region. The Helsinki Process and the Commission Now let me say a few words about the work of the Helsinki Commission. As I said, it is an independent agency created by Congress in 1976 to advance human rights and encourage compliance with the principles of the Helsinki Final Act, particularly its human rights commitments. The Commission is composed of members of both houses of the U.S. Congress. Successive agreements within the Vienna-based Organization for Security and Cooperation in Europe (OSCE) have expanded these common Helsinki standards into a whole framework of human and humanitarian rights. These have come to be termed the “human dimension” of the OSCE’s work. These agreements are not treaties, but political commitments which all participating states, including Bosnia and its neighbors, have adopted on the basis of consensus. Significantly, however, these same states have agreed that these are issues of direct and legitimate concern to all participating states of the OSCE and do not belong exclusively to the internal affairs of the state concerned. Democracy and human rights are thus matters of international concern. This has created a Helsinki process of bilateral and multilateral dialogue that includes the active participation of NGOs as well as governments in assessing the level of compliance with these common commitments. One element of that process is an annual review of implementation which takes place in Warsaw. I participated in the 2006 session and can assure you that it provided a forum for frank and open exchange of how our countries are or are not living up to our OSCE commitments. My own government faced serious criticism in terms of some aspects of its conduct of the fight against terrorism. Since 1989, Europe has undergone an historic transformation and the OSCE has played a vital role in this process of transition to democracy, particularly in the post conflict situation in the western Balkans. Much of this work has been driven on the ground by its field missions, such as the one headed here in Sarajevo by Ambassador Davidson. The Commission believes strongly that this work remains critical to the states of the western Balkans in helping them to overcome a legacy of communism and war. A permanent democratic transformation in the western Balkans will require a rethinking of the overall conditions of society with an aim of protecting rights and instituting peaceful change. Public debate needs to be expanded beyond a discussion of group rights to the rights of the individual and improving the overall quality and dignity of life, which is the essence of the OSCE’s human dimension. This process has not advanced nearly as far as it must to build modern societies in the region. Integration through Consolidating Democracy and Rule of Law Let me now review some of the areas of particular interest to the Commission and its members and where it will be pushing to influence U.S. policy in future. These are areas where I think more public debate and more active local NGO engagement with governments in the region will be essential. As I said, the Commission has been a strong advocate for the integration of the region into Euro-Atlantic institutions. This remains the best long term strategy for securing both peace and prosperity. The key to that integration is consolidating democracy, rule of law and good governance. There has been tremendous progress in this regard, but complacency must be avoided. Political leaders in Bosnia have come to realize that reforming their Dayton-era constitution in ways that make the government more functional and compatible with EU requirements is a necessary step. The U.S. Senate adopted a resolution (S. Res 400, 109th Congress) last year voicing support for this constitutional reform process. It did not advocate for specific changes, which must be decided by the people of Bosnia, not the international community. From the perspective of the Helsinki Commission, however, we think it critical that reforms, in addition to changes in the structure of government, guarantee the human and civic rights of all the citizens of BiH. As you know, the current constitutional provisions restrict Serbs living in the Federation, Bosniaks and Croats living in the RS, and non-constituent peoples, no matter in what part of the country they reside, from running for the post of BiH presidency. This is a violation of both the European Convention on Human Rights and the 1990 OSCE Copenhagen Document. This inability of all citizens to fully participate in BiH’s political life should be corrected. If we look at elections as another benchmark of progress in consolidating democracy, we can see that virtually all countries in the western Balkans are approaching the international standards for free and fair elections. Last October’s elections in Bosnia and Herzegovina were judged by the OSCE to be in line with international standards. Similarly the general elections held recently in Serbia were judged by OSCE as being conducted in a free and fair manner. Going beyond the technical conduct of these elections, however, the results and the tenor of the elections in the region are a matter of concern. In Bosnia nationalistic campaign rhetoric approached pre-war levels and polarized the electorate along ethnic lines. In Serbia the strong showing of the Serbian Radical Party and statements by other politicians indicated a lack of willingness among a large part of the population to come to terms with the crimes committed during the Milosevic era. Hopefully, over time, democratic forces in the region will prevail and a true reconciliation can be achieved. Without a meaningful break with the past and a full recognition in Serbia and the Republika Srpska (RS) of the crimes that were committed during the Milosevic era, however, this task will be immensely more difficult to accomplish. The decision of the International Court of Justice on February 26 does not change the need for this recognition or absolve Serbia or the Republika Srpska of responsibility in this regard. The ICJ confirmed an act of genocide was committed and that Serbia was in a unique position to prevent it. By failing to do so, Serbia violated the Genocide Convention and continues to violate it by not bringing the perpetrators of that genocide to justice. The court’s decision also makes clear that the full responsibility for conducting that genocide lies with the leadership and members of the military in the RS at that time. Unfinished Business It was to bring war criminals to justice and to determine the objective truth of what occurred in the Balkans that the Helsinki Commission was an early proponent of the establishment of the International Criminal Tribunal for the former Yugoslavia. It has pressed all countries in the region to fully cooperate with the Tribunal. The Commission has welcomed the establishment of the War Crimes Chamber within the BiH State Court, and the decision to transfer more cases from The Hague to the region for local prosecution. Despite building this indigenous capacity to conduct trials, there is a strongly felt sense within the Commission that the work of the International Tribunal should not be concluded until Ratko Mladic and Radovan Karadzic are brought to justice. The real message that Belgrade should take from the ICJ’s verdict on February 26 and convey to these indicted war criminals is that: “your time is up.” Other consequences of the war are still being dealt with. More than ten years after Dayton, additional mass graves continue to be uncovered. The Helsinki Commission recently organized a briefing on Capitol Hill at which Amor Masovic reported on the work of the State Missing Persons Commission. We believe that international support for determining the identification of these missing persons must continue. The right of refugees and displaced persons from the Balkan conflicts to return home has not been fully guaranteed. The 2005 Sarajevo Declaration on Refugee Return and Integration was a notable achievement in this regard, but implementation of this trilateral arrangement has been too slow. The Commission has urged Bosnia and Croatia and Serbia in particular to intensify efforts to ensure durable solutions for resettlement are found and displaced persons and refugees given access to all rights, including the right to property and citizenship. The legal issues involved are complicated, but with political will these can be managed and refugees re-integrated into society. In the midst of war in the 1990’s the region was confronted with a new and dangerous form of organized crime – human trafficking. Considerable progress has been made in the region in combating this modern day form of slavery, but even greater efforts are required. Trafficking also needs to be looked upon as not just as one field of criminal activity, but as part of a wider issue of corruption in the region. While criminals organize this activity, it is corruption that allows them to get away with it or go unpunished when caught. Preventing Future Conflict A fundamental principle behind the Helsinki Final Act is that there can be no true security without a commitment to democracy and human rights. Addressing the root causes of intolerance and discrimination are therefore essential to preventing future conflict in the region. The OSCE has done pioneering work in this area and is developing programs to prevent hate crimes and discrimination by confronting the sources of intolerance and by strengthening respect for ethnic and religious diversity. In a series of high level conferences the OSCE has sought to encourage states to collect hate crimes statistics, share information and strengthen education to combat intolerance as well as increase training of law enforcement officials. This is clearly a subject of importance to the entire region and governments should be cooperating in this work. We want to encourage regional participation at the next high level meeting on tolerance to be held in June in Bucharest. The Romanian government is now putting together an agenda which will cover racism, anti-Semitism and intolerance against Muslims and Christians as well as relevant programs to combat this discrimination. We want the conference to consider ways that our societies can move beyond tolerance to acceptance and recognition of diversity. I hope we can count on broad government and NGO representation from the region, but particularly from Bosnia, at the conference. Bosnia can and should be a leader in promoting dialogue among religious groups. We would very much like to see Bosnia host an OSCE event on this theme in future. At the Warsaw human dimension’s meeting last year there was only one Bosnian NGO represented. This was the National Council of Roma, but its participation was very significant for us. The plight of the Roma has been a special concern of the Helsinki Commission. No group within the former Yugoslavia has faced discrimination and exclusion so broadly as the Roma have. They continue to be deprived of housing and property rights, face difficulties in accessing personal documents and establishing citizenship. Many have no access to healthcare or education. In view of this widespread discrimination, not just within the Balkans but throughout Europe, the OSCE has sought to address the specific problems of the Roma. Your local Bosnian Helsinki Committee has also recently translated a human rights manual into Romani and I hope this will assist this marginalized community to assert and defend its rights. Eight governments of central and southeastern Europe have taken their own political initiative, titled the “Decade of Roma Inclusion,” to close the gap in welfare and living conditions between the Roma and non-Roma in their societies. Their aim is to break the cycle of poverty and exclusion by 2015. Several of the western Balkan states are active in this initiative. My understanding is that Bosnia is not yet a participant. It should be. One way to judge a society is by how well it protects the rights of those least able to realize them on their own. Any sincere effort to create modern, rights-based societies in the Balkans cannot overlook the plight and abuse of the civil, political, economic and social rights of the Roma. Among fundamental freedoms is the right to religious expression and belief. This is an issue of deep concern to Commission members. The right to practice your faith is no more secure than your readiness to acknowledge the right of others to practice theirs. Since the fall of communism various laws have been adopted in the region to provide for religious freedom, but these have unfortunately had the effect in some respects of restricting this fundamental right. They set numerical thresholds for the registration of religious groups, discriminate in favor traditional faiths, and place limits on free speech and proselytizing. These restrictions are particularly burdensome to new religious denominations and can lead to harassment against and stigmatization of their members. Albania, in contrast, has adopted a progressive law which provides for a neutral registration system that is applied universally. This is a model others in the region should consider adopting. Meanwhile, there is a need to step up efforts to respect the sanctity and ensure the safety of places of worship that have been targets of ethnically based violence in Bosnia, Serbia and Kosovo. Governments need to adopt a “zero-tolerance” approach in responding to such provocations. Finally let me address the situation of Kosovo. The pending decision on the final status of Kosovo has given rise to much anxiety and apprehension in the region. Much of the debate on Kosovo has focused on the larger issues of sovereignty, territorial integrity and self-determination. Within Congress and even within the Helsinki Commission reaching a consensus on the right outcome in Kosovo is difficult, but two things are clear. First, there is no connection between Kosovo’s future and the recognized sovereignty and the territorial integrity of Bosnia and Herzegovina. Second, whatever form a Kosovo settlement takes, the fundamental issue in the Commission’s view is whether or not it improves the respect for human rights, especially the rights of those people belonging to the Serb, Roma and other minority communities. Those rights include the protection of property and the right of return for displaced persons. Any settlement should also encourage a process of integration and inclusion of these minority communities within a broader Kosovo society. From this perspective the proposed plan of UN Special Envoy Ahtissari can serves as a solid basis for compromise. Even if Belgrade and Pristina cannot agree on the issue of status, they should be engaged in serious negotiations to protect the rights of these minority communities. But whatever becomes of Kosovo, the OSCE and other international human rights standards must apply there and the OSCE must be fully involved in monitoring implementation of any settlement to assure these rights are respected. Conclusion My remarks have focused on some areas of concern, but let me say in conclusion that the region of the western Balkans has come a long way since the 1990’s. The international community has made a substantial investment in the peace, stability and reconstruction in the region, and we welcome this progress. Slovenia is a full-fledged member of NATO and the EU. Croatia is well on the road to membership in both, and Macedonia and Albania are making progress in the right direction. In a welcome development at the end of last year, Bosnia, Serbia and newly independent Montenegro were invited to join NATO’s Partnership for Peace. The regional trajectory is positive. More importantly, the EU and NATO have made a political commitment to include all of the western Balkan states into Euro-Atlantic institutions, and recognized that Europe will be incomplete without your countries. That does not relieve you of the responsibility to meet the conditions of membership in these institutions, but it does offer a bright future for the region. The issues your societies now face are perhaps less dramatic than achieving peace was a decade and more ago. These are issues of complying with human rights norms and improving the quality of life and the relationship between the individual and his or her government. These issues should be a matter of open, public debate in local and regional fora like this one. For too long nationalism and an “us versus them” mentality have dominated public discussion and driven politics in the region. It is time politicians on all sides put down the megaphones and drop the rhetoric that they have been using to polarize the situation. A new dialogue based on an open discussion of these human issues needs to replace it. This is essential to preventing future conflict, promoting economic and social development and sustaining peace. Only political will on the part of governments and party leaders and the full engagement of NGOs and citizens in this Helsinki process of dialogue can get this job done and complete the transition of the western Balkan states into permanent and stable democracies.  

  • Belgium’s Chairmanship of the OSCE

    The Belgian Government assumed Chairmanship of the OSCE in January 2006.  The first half of 2006 saw a number of developments within, and adjacent to, the OSCE region that formed the focus of the hearing.  Among the issues addressed were developments in Central Asia and neighboring Afghanistan, the emergence of the Shanghai Cooperation Organization, the political situation in the Caucasus, and human rights trends in the Russian Federation.  Commissioners also focused on OSCE democracy-promotion work, with a special emphasis on election monitoring, programs to combat anti-Semitism and other forms of intolerance, and initiatives aimed at promoting greater international cooperation to curtail human trafficking and child pornography.

  • Human Rights, Democracy, and Integration in South Central Europe

    The hearing, led by the Hon. Christopher H. Smith,  the Hon. Sam Brownback , and the Hon. Benjamin L. Cardin, focused primarily on the legal restrictions on religious activities and other attacks on religious freedom, lagging efforts to combat trafficking in persons, discrimination and violence against Roma, and the prevalence of official corruption and organized crime. The efforts to encourage Bosnia-Herzegovina to move beyond the limitations imposed by the Dayton Peace Agreement will be discussed. Further, the plight of the displaced and minority communities of Kosovo, and the need for Serbia to cooperate fully with the International Criminal Tribunal will also be covered.   

  • Advancing the Human Dimension in the OSCE: The Role of the Office for Democratic Institutions and Human Rights

    This hearing, led by the Helsinki Chairman the Hon. the Hon. Sam Brownback, Co-Chairman the Hon. Christopher H. Smith Office, and ranking member the Hon. Alcee L. Hastings, examined the role that Democratic Institutions and Human Rights (ODIHR) has played over the last fifteen years. ODIHR’s role in advancing human rights and the development of democracy in the OSCE participating States was noted and agreed to be particularly important. ODIHR is engaged throughout Western Europe and the former Soviet Union in the fields of democratic development, human rights, tolerance and non-discrimination, and promotion of the rule of law and has set the international standard for election observation. Within the hearing, the challenges that ODIHR faces were examined, specifically those instigated by the Russian Federation, Belarus and a small minority of the OSCE participating states seeking to undermine the organization under the guise of reform.  ODIHR has earned an international reputation for its leadership, professionalism, and excellence in the area of election observation.  That being said, ODIHR’s mission is much broader, encompassing a wide range of human rights activities aimed at closing the gap between commitments on paper and the reality on the ground in signatory countries.    

  • Tools for Combating Anti-Semitism: Police Training and Holocaust Education

    The Helsinki Commission held a briefing on Holocaust education tools and law enforcement training programs undertaken by the Organization for Security and Cooperation in Europe. Co-Chairman Smith cited the vicious murder of Ilan Halimi as a reminder of the need to redouble efforts to combat anti-Semitism and to speak out when manifestations of related hatred occur.  The briefing highlighted specific programs which promote awareness of the Holocaust and provide law enforcement professionals with the tools to investigate and prosecute hate-inspired crimes.   Paul Goldenberg, a Special Advisor to ODIHR who designed the law enforcement training program which assists police to recognize and respond to hate crimes, stressed that law enforcement professionals must be recognized as an integral part of the solution.  Dr. Kathrin Meyer addressed the challenges presented by contemporary forms of anti-Semitism and highlights ways to address the subject in the classroom. Other witnesses – including Rabbi Andrew Baker, Director of International Jewish Affairs for the American Jewish Committee; Stacy Burdett, Associate Director of Government and National Affairs, Anti-Defamation League; and Liebe Geft, Director, Simon Wiesenthal Center’s Museum of Tolerance also presented testimony at this briefing.

  • Progress and Challenges: The OSCE Tackles Anti-Semitism and Intolerance

    By Ron McNamara, International Policy Director & Knox Thames, Counsel The OSCE Conference on Anti-Semitism and on Other Forms of Intolerance convened in Córdoba, Spain, from June 8-9, 2005. The conference, the third since the Helsinki Commission’s 2002 groundbreaking hearing on “Escalating Anti-Semitic Violence in Europe,” was well attended with many participating States represented by senior-level officials.  New York Governor George E. Pataki headed the U.S. Delegation. Specific sessions were held on: Fighting anti-Semitism and other forms of discrimination, and promoting tolerance - from recommendations to implementation; Anti-Semitism and the media; Education on the Holocaust and on anti-Semitism; Responding to anti-Semitic and hate-motivated crimes; Fighting intolerance and discrimination against Muslims; Fighting intolerance and discrimination against Christians and members of other religions; and, Fighting racism, xenophobia and other forms of intolerance and discrimination. Specialized workshops were focused on: Anti-Semitism and the Media; Implementation of OCDE Office for Democratic Institutions and Human Rights’ (ODIHR) Taskings in the Field of Tolerance and Non-Discrimination; Promoting Tolerance and Ensuring Rights of Religion and Belief; and Combating Racism and Discrimination against Roma and Sinti. Side events were organized to address:  Education on the Holocaust and anti-Semitism; Combating hate speech online in the OSCE framework; Anti-Semitism and satellite television; Teaching the Holocaust and the History of Anti-Semitism in Catholic Schools: Promoting Tolerance and Interfaith Understanding; Why Should We Work Together? The ODIHR’s Law Enforcement Officer Training Program for Combating Hate Crimes; The role of Parliaments in Combating Anti-Semitism; The Anti-Semitism/terrorism Nexus, Hate sites on the Internet; and Discrimination, Hate crimes and Intolerance on the grounds of homophobia. The Conference was preceded by a one-day NGO Forum hosted by the Three Cultures Foundation on June 7, 2005 in Seville.  The opening session included presentations by Professors Gert Weisskirchen and Anastasia Crickley and Ambassador Omur Orhun, who are the three Personal Representatives of the outgoing OSCE Chair-in-Office, Slovene Foreign Minister Dimitrij Rupel.   There was also a video presentation by U.S. Helsinki Commission Chairman Senator Sam Brownback [available here]. The Córdoba Conference was the product of intense negotiations following last year’s Berlin Conference and the adoption of a number of specific commitments by OSCE countries aimed at stemming the tide of anti-Semitism and related violence.  Numerous participating States had actively resisted the convening of a meeting exclusively focused on anti-Semitism and instead argued in favor of a “holistic” approach to tolerance issues.  As OSCE Chair-in-Office (CiO) Dimitrij Rupel put it, “I also hope that Córdoba, and after Córdoba, a truly holistic approach to combat all forms of discrimination and intolerance will prevail, as this is the most effective way to address this issue.” While supporting a broader approach, others, including the U.S. Helsinki Commissioners, voiced concern that the focus on anti-Semitism as a unique form of intolerance not be lost, especially given the dimensions of the Holocaust and European history. Most participating States used the Córdoba Conference to reiterate their commitment to combating anti-Semitism and other forms of intolerance.  Disappointingly few, however, cited concrete steps they are undertaking to implement existing OSCE commitments.  One of the few exceptions was the Solicitor General of the United Kingdom, who reported on the evolution of anti-hate legislation in his country and a new law being considered by Parliament to address anti-religious bigotry.  The Italian and Polish delegations also noted some tangible progress. CiO Rupel reported on initiatives undertaken by the OSCE to improve implementation of commitments made in Berlin.  He also warned that “we must be vigilant against discrimination and show no tolerance for intolerance,” a theme repeated by numerous subsequent speakers. U.S. Helsinki Commissioner Alcee L. Hastings addressed the Córdoba Conference in his capacity as President of the OSCE Parliamentary Assembly.  Hastings reminded participants of the role of parliamentarians, including members of the Helsinki Commission, in ensuring that the issue of anti-Semitism and related violence were given priority in the OSCE framework. The most tangible results to come out of the Córdoba Conference was the Córdoba Declaration, as well as reports presented by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on “Combating Hate Crimes in the OSCE Region” and “Education on the Holocaust and on Anti-Semitism.”  The declaration recognized that some forms of intolerance need proper definition, and reiterated the Berlin Declaration’s  acknowledgement that “international developments or political issues, including in Israel or elsewhere in the Middle East, never justify anti-Semitism.” According to the ODIHR reports, 13 participating States have not provided any information on statistics, legislation and national initiatives relating to hate crimes.  Of the 42 participating States that have responded, only 29 countries have provided information and statistics on hate crimes and violent manifestations of racism, xenophobia, anti-Semitism, and intolerance.  The quality of information varied widely – one country’s statistical submission consisted of a single sentence. Beyond implementation issues and concerns, three outstanding questions remain to be resolved: Will the OSCE maintain a distinct focus on anti-Semitism or will the issue be folded into a more generic tolerance rubric? Will the current mandates for the three personal representatives be extended? What form will future follow-up, including the possible location of future conferences, on tolerance-related matters take? There is also some concern that the Personal Representatives of the Chair-in-Office have been hampered in undertaking their tasks, and have been hamstrung by limitations that have been imposed on their activities.  It is also unclear whether the newly incoming Chair-in-Office will reappoint the three representatives or, if so, if he will maintain their distinct portfolios. Discussions in Córdoba did little to narrow differences on these points.  The United States has been among the few stalwarts committed to sustaining a particular focus on anti-Semitism.   At the same time, a growing number of countries prefer a “holistic” approach, where distinct issues are discussed under a generic theme. Governor Pataki in closing remarks stressed the need to move beyond words: “We have all given our speeches in the best prose we can muster, but there is more to combating anti-Semitism and intolerance than mere speeches.”  He urged that future follow-up focus on implementation; endorsed the reappointment of the three Personal Representatives under their existing titles; called for preserving a distinct focus on anti-Semitism; supported continuing efforts to combat intolerance and discrimination against Muslims, Christians, and other faiths; and urged further institutionalization of tolerance and non-discrimination work.  Pataki concluded, “We can talk, we can coordinate through the OSCE, but the primary responsibility ultimately rests with the participating States.”      U.S. DELEGATION Governor George E. Pataki, Head of U.S. Delegation Hon. Jennette Bradley, Treasurer, State of Ohio The Most Rev. Charles J. Chaput, Archbishop of Denver and Commissioner, U.S. Commission on International Religious Freedom Sander Ross Gerber, Chairman and CEO of the XTF Group and President of the Gerber Capital Management Group Rabbi Marvin Hier, dean and founder, Simon Wiesenthal Center Kamal Nawash, founder, Free Muslims Coalition Rabbi David Zwiebel, Executive Vice President for Government and Public Affairs, Agudath Israel of America

  • The Future of Human Rights in Kosovo

    This hearing, held by Sen. Sam Brownback and Rep. Chris Smith , stressed, among other things, that there was still a lot of work to be achieved regarding human rights in Kosovo, such as security and property issues. In particular, Brownback and Smith focused on the international community, including countries in the OSCE region. This hearing was held with increased diplomatic activity that may have led to consideration of Kosovo’s status in 2005 in mind. Witnesses to this hearing included Soren Jessen-Petersen, Special Representative of the UN Secretary General and Head of the UN Mission in Kosovo, and Charles L. English, Director of the Office of South Central European Affairs at the U.S. Department of State.  

  • Unrest in Uzbekistan: Crisis and Prospects

    This briefing, held in the wake of protests in the town of Andijon in eastern Uzbekistan that were violently put down by Uzbek troops on May 13, examined the crisis in Uzbekistan and U.S. policy options toward the regime of President Islam Karimov. The Uzbek regime has long been listed as an abuser of human rights. Among those participating in the briefing were: H.E. Samuel Zbogar, Ambassador of Slovenia and representative of the OSCE Chairman-in-Office; Dr. Abdurahim Polat, Chairman of the Uzbek opposition Birlik Party; Mr. Michael Cromartie, Commissioner of the U.S. Commission on International Religious Freedom; Dr. Martha Brill Olcott, Senior Associate at the Carnegie Endowment for International Peace; and Mr. Daniel Kimmage, Central Asia Analyst for Radio free Europe/Radio Liberty. The participants called for Uzbekistan to strive to resolve this situation peacefully, and continue to meet its commitments as a participating State in the OSCE.

  • The Russian-Syrian Connection: Thwarting Democracy in the Middle East and the Greater OSCE Region

    This hearing explored the destabilizing role that Syria and its support to terrorist organizations play in the security of surrounding countries, such as Iraq and Israel. The hearing examined the special relationship between Russia and Syria and this relationship’s destabilizing effects on the region. The Commissioners and witnesses reviewed Russian arms sales to Syria and the Syrian support for Hezbollah, both of which are affecting the security of Israel and Lebanon.

  • Slovenia’s Leadership of the OSCE

    This hearing examined the challenges facing the Organization for Security and Cooperation in Europe in 2005. New and emerging threats from external actors, including terrorist organizations and rogue regimes, have led the organization to take a greater look at its periphery and seek multilateral responses to issues ranging from terrorist financing to arms proliferation. Issues related to OSCE work were on the agenda of the recent Bush-Putin summit in Bratislava and could impact the organization’s future activity. The testimony of His Excellency Dimitrij Rupel, Foreign Minister of Slovenia and this year’s OSCE Chairman, presented an overview of the wide array of initiatives undertaken by the OSCE regarding issues like human trafficking, organized criminal activity and official corruption, anti-Semitism and other forms of intolerance, human rights violations in countries of Central Asia, and areas of tension or conflict in the Caucasus, the Balkans and elsewhere in the expansive OSCE region. Strategies for continuing to pursue these issues were discussed.

  • Advancing U.S. Interests through the OSCE

    The OSCE has been a pioneer in defining an integrated approach to security, one in which human rights and economic well-being are as key to a nation’s stability as are traditional military forces.  It remains not only the largest trans-Atlantic organization, but the one with the broadest definition of security.  The OSCE has also created the most innovative habits of dialogue and collective action of any multilateral organization in the world.  The focus of the hearing will be how the OSCE can be used most effectively to highlight and advance the interests of the United States.  Among the subjects to be covered will be objectives for the December (2004) meeting of Foreign Ministers in Sofia; recent high-impact security initiatives; expectations for the upcoming Human Dimension Implementation Meeting in Warsaw; and refining and strengthening the OSCE.

  • The War in Chechnya and Russian Civil Society

    This briefing was held in light of recent verbal attacks by President Putin and other Russian officials on human rights organizations and their funding sources that raised concerns about the future of Russian NGOs that may be viewed by the government as politically hostile.  Regarding Moscow’s conduct of the war in Chechnya, the Commission recognized Russia’s right to defend its territorial integrity, but asserted that territorial integrity can be preserved without resorting to the brutal methods employed by some members of the Russian military and the pro-Moscow Chechnya militia. Valentina Melnikova, National Director of the Union of Committees of Soldiers’ Mothers of Russia and Natalia Zhukova, Chairperson of the Nizhny Novgorod Committee of Soldiers’ Mothers testified at this briefing. The “Committees of Soldiers’ Mothers” has become the largest NGO in Russia as an umbrella organization embracing nearly 300 groups and thousands of members. The Committees of Soldiers’ Mothers have opposed the Kremlin’s conduct of the war in Chechnya and have accused the Russian Government of consistently under-reporting the number of Russian military casualties in the conflict.

  • Uncovering Collusion, Reforming Northern Ireland Police Focus of Helsinki Commission Hearings

    By Bob Hand CSCE Staff Advisor The United States Helsinki Commission recently held two hearings focusing on human rights developments in Northern Ireland.  The first, “Human Rights and Police Reform in Northern Ireland”, held March 16, 2004, dealt specifically with human rights and police reform.  The second, “Northern Ireland Update: Implementation of the Cory Reports and Impact on Good Friday Agreement”, held May 5, supplemented the first one by examining the recently published Cory Collusion Inquiry Reports. Reports of Collusion Following decades of violence in Northern Ireland, the April 10, 1998, “Good Friday Agreement” provided a new avenue for peace by calling for devolved government, decommissioning (disarmament), police reform and other human rights measures.  The process of implementing the agreement, however, has proven to be difficult. In the summer of 2001, the Governments of the United Kingdom and of the Republic of Ireland met at Weston Park to resolve numerous problems which developed in the peace process.  There, the two governments agreed that, among other things, “certain cases from the past remain a source of grave public concern, particularly those giving rise to serious allegations of collusion by the security forces.”  They therefore agreed to “appoint a judge of international standing from outside both jurisdictions to undertake a thorough investigation of allegations of collusion” in six prominent murder cases, adding that, “in the event a Public Inquiry is recommended in any case, the relevant Government will implement that recommendation.” On May 29, 2002, the Governments of the United Kingdom and of the Republic of Ireland appointed former Canadian Supreme Court Justice Peter Cory to fulfill this task, agreeing to publish his final reports.  On October 7, 2003, Justice Cory delivered two reports to the Government of the Republic of Ireland and four reports to the Government of the United Kingdom.  That December, the Irish Government published the reports it had received and announced its approval of a Public Inquiry in the one case as recommended (Cory found no evidence constituting a basis for the directing of a Public Inquiry in the other).  It was not until April 2004, however, after many public appeals and legal action, that the British Government published the reports it had received from Justice Cory. While Cory recommended Public Inquiries in all four cases, the British Government approved only three.  Regarding the fourth -- that of murdered Belfast lawyer Patrick Finucane -- Northern Ireland Secretary Paul Murphy noted not only the current prosecution of one individual, Ken Barrett, for the murder, but also the possibility of further prosecutions.  Secretary Murphy indicated that “the way ahead” will be set out only at the conclusion of prosecutions.  In contrast, Cory found “strong evidence that collusive acts were committed,” making this “one of the rare situations where a public inquiry will be of greater benefit than prosecutions.”  Cory argued that a Public Inquiry “should be held as quickly as possible” in order “to achieve the benefits of determining the flaws in the system and suggesting the required remedy, and … to restore public confidence in the army, the police and the judicial system.” Justice Cory appeared before the Helsinki Commission on May 5 to discuss these issues.  Other witnesses included Geraldine Finucane, widow of Patrick Finucane, and the non-governmental organization Human Rights First’s Washington office director, Elisa Massimino. Helsinki Commission Chairman, Rep. Christopher H. Smith (R-NJ), opened the hearing by reciting the obligations undertaken by the Governments of the United Kingdom and the Republic Ireland in the Weston Park Agreement of 2001. Chairman Smith emphasized that “the precise wording of the agreement was ‘will’, not ‘may’” with regard to the establishment of a Public Inquiry if recommended.  Mr. Smith underlined that the timely implementation of Justice Cory’s recommendations is necessary to restore citizens’ confidence in government, the rule of law, and to ensure peace and reconciliation in Northern Ireland.  Expressing deep disappointment in the British Government’s decision regarding the case of Patrick Finucane, Smith argued that “we owe it to the memory of those slain, their families, and every person in Ireland who cherishes justice to see to it that the British Government immediately commences the Public Inquiry as promised in the Weston Park Agreement; no exceptions, no excuses.” Ranking Member Rep. Benjamin L. Cardin (D-MD) welcomed the witnesses testifying before the Commission and acknowledged their contributions to the ongoing struggle for justice and peace in Northern Ireland. Mr. Cardin supported the sentiments stated by the Chairman and expressed his own hopes for a rapid resolution to the stalemate in the peace process.  Noting the Helsinki Commission’s emphasis on implementation of OSCE commitments, Cardin added that “we don’t just speak about a problem, we watch it and follow up to make sure action is taken. And I can assure you that this commission will do just that.”  Other Commissioners in attendance included Sen. Hillary Rodham Clinton (D-NY), Rep. Joseph R. Pitts (R-PA), and Rep. Robert B. Aderholt (R-AL). Justice Cory began his testimony by describing the four cases on which he reported to the British Government: Patrick Finucane was a Belfast lawyer who was gunned down in his home in 1989. Cory listed several alarming facts uncovered through his investigation which point to collusion between the killers of Patrick Finucane and several government agencies. These included British military intelligence, the Royal Ulster Constabulary (RUC) Special Branch and the Security Service.  Justice Cory also uncovered documents indicating that Finucane was a target in 1981, 1985, and in 1989 shortly before his murder. However, in order to protect the identity and safety of the agent, this information was not released to Patrick Finucane. According to Cory, this aspect alone constitutes evidence of collusion and requires the establishment of a Public Inquiry. Billy Wright was a militant Protestant leader known for committing acts of violence and inciting others to do the same. He was killed in 1997 in the confines of the Maze state prison by militant members of the Irish National Liberation Army (INLA).  Wright had been transferred to Maze because three members of INLA conspired to kidnap and execute him at his prior detention facility.  However, a transfer to Maze was also granted to several INLA members.  A prisoner’s list was circulated throughout the prison, which contained the exact times and locations of Wright’s whereabouts throughout the day. Other disturbing factors included a broken security camera, a large hole in the fence, and weapons that enabled the INLA prisoners to kill Billy Wright. Since Billy Wright was a prisoner in a state institution, Justice Cory concluded, it was the responsibility of the state to ensure Wright’s safety.  He felt the above factors indicate collusion and thus recommended a Public Inquiry. Robert Hamill was a young Catholic construction worker who was only 25 when he was kicked to death in 1997 in Portadown.   RUC officers in an armored vehicle were positioned nearby but had an obstructed view of the violence. The senior RUC officer on duty tried to assist one of the men responsible for Hamill’s death by calling the man’s father and instructing him to burn the clothes worn the night of the murder. The officer further compromised his position by asking two of his friends to lie on his behalf, by telling the authorities it was one of them who placed the call. The officer later admitted to charges of obstruction of justice. Another man at the scene and likely involved in the attack was taken into custody only to be released without explanation.   Justice Cory concluded the lack of accountability by the police and the attempt to destroy evidence warranted the establishment of a Public Inquiry. Rosemary Nelson was a prominent lawyer who was killed when her car was blown up in 1999.  She had taken on several prominent and controversial cases during which she was openly threatened by the RUC officers. Her clients were threatened and told to find a different lawyer, under advisement that Ms. Nelson would soon be dead. Aside from verbal threats there were also written threats, one appearing in a pamphlet entitled “A Man without a Country” which indirectly encouraged violence against Ms. Nelson and her work.  A number of clients, independent agencies, and Ms. Nelson herself contacted the RUC and the Northern Ireland Office regarding the threats.  In his investigation Justice Cory discovered that the Northern Ireland Office contacted the RUC for a threat assessment. That request was never answered. Due to lack of information the ministry concluded there was no direct threat and took no action.   Justice Cory determined that the failure of both institutions to take preventive action and the mishandling of documents vital to the safety of Ms. Nelson constitute the possibility of collusion. Based on the evidence uncovered, a Public Inquiry was recommended despite what he considered to be a thorough investigation of the crime.  Chairman Smith noted that Rosemary Nelson had testified before the U.S. Congress six months prior to her murder. The last two cases discussed by Justice Cory were those on which he reported to the Irish Government: Lord Justice Maurice and Lady Cecily Gibson were killed in 1987 when their car was blown up as they returned from vacation in England. Lord Gibson was a prominent judge who presided over a number of significant and controversial cases in Northern Ireland. Prior to his death he had been warned by both RUC and Garda (Irish police) officers to take all necessary precautions to ensure his safety.  Upon completion of the investigation, Justice Cory found no material evidence linking the Garda to the deaths of Lord Justice and Lady Gibson. Although the circumstances surrounding the deaths are suspicious, Justice Cory concluded that suspicion may not be used as a ground for establishing a Public Inquiry. RUC Chief Superintendent Harry Breen and Superintendent Bob Buchanan were killed in a violent ambush as they returned from a Garda office in the Republic of Ireland in 1989. Justice Cory uncovered documents which pointed to collusion between the killers and a member of the Garda, which would account for the precise timing and execution of the assault. The clear presence of material evidence justified the establishment of a Public Inquiry, Cory maintains. Concluding his remarks, Justice Cory praised the cooperation and dedication of the police and intelligence agencies assisting his investigations. Upon questions posed by Chairman Smith and other Members of Congress as to whether he was able to examine all the documents vital to his investigation, Cory commended all of the agencies he worked with for their contributions to the investigation. Regarding the murder of Patrick Finucane, Justice Cory stated that in this particular case a Public Inquiry ought to take precedence over the criminal prosecution in order to restore peace and transparency in the community. He compared the current state of ambiguity to a deadly disease: “In light of the suspicion that is there, it must be open. And if it isn’t then the suspicion grows like a cancerous sore and just will grow greater and greater until the exploration is made.” Justice Cory also shared his concerns with the Commission regarding the feasibility of a complete and thorough investigation due to the recent passing of two key witnesses in the case. Mrs. Finucane followed Justice Cory. She spoke of her long and frustrating battle to learn the truth about the murder of her husband, an effort that has been sabotaged by long investigations and other delays.  Delays in releasing the Cory Reports in the United Kingdom, for example, forced Mrs. Finucane to begin a legal battle to have them made public. Although Mrs. Finucane and her family were skeptical at the onset of the investigation conducted by Justice Cory, she thanked him publicly at the hearing for completing a thorough and uncompromising investigation ahead of schedule while maintaining respect and compassion for the families of the victims.  Despite the recommendation for a Public Inquiry set forth by Justice Cory and appeals filed by international organizations, governments, and law societies, she reported that the British Government has refused to establish such an inquiry. Recently on the floor of the United Nations the Government of Republic of Ireland called for a Public Inquiry. In conclusion, Mrs. Finucane asked the Helsinki Commission to continue to provide support and assistance in seeing this case to the end. Ms. Elisa Massimino began her testimony by urging the British Government to fulfill its obligations under the Weston Park Agreement of 2001. She also noted that Justice Cory, the United Kingdom’s most senior policeman, Sir John Stevens, and the United Nations have all found evidence of collusion.   Ms. Massimino stated that “a public inquiry would help to ensure that current policies, procedures, and structures are likely to withstand future prospects of institutional conflict and corruption of the kind that Northern Ireland has experienced in the past, and it would go a long way toward instilling long needed trust in the rule of law.”  She added that a Public Inquiry would not interfere with any prosecution. Police Reform While hoping to address outstanding cases from the past, the Good Friday Agreement and the subsequent peace process also initiated changes to preclude new issues from arising.  Reforming the Royal Ulster Constabulary (RUC) into a Police Service of Northern Ireland (PSNI) which would have the respect and support of all communities has been vital in this regard.  Part of this reform included the establishment in 1998 of the Office of the Police Ombudsman for Northern Ireland to provide an independent and impartial police complaints service in which both the public and the police would have confidence.        The March 16 Helsinki Commission hearing largely focused on the practices, oversight, training and other activities of the Police Service of Northern Ireland.  Testifying before the Commission were Dr. Mitchell B. Reiss, Director of the Policy Planning Staff, U.S. Department of State; Nuala O’Loan, Police Ombudsman for Northern Ireland; Paul Mageean, Legal Officer, Committee on the Administration of Justice; Elisa Massimino, Director of Washington office, Human Rights First; Jane Winter, Director, British Irish Rights Watch; and Brendan McAllister, Director of Mediation Northern Ireland. In his opening statement, Chairman Smith stressed that proper police conduct is essential to maintaining a dialogue between conflicting parties in Northern Ireland, and only a police force which gains the confidence of the community can secure a lasting peace. Accordingly, Smith observed that some problems remain in policing, particularly the harassment of attorneys.  Other Commissioners in attendance included Rep. Frank R. Wolf (R-VA), Rep. Alcee L. Hastings (D-FL), and Rep. Robert B. Aderholt (R-AL). Dr. Reiss began his testimony by acknowledging that progress on human rights issues remains to be made, but internal reforms and supervisory bodies such as the Police Ombudsman and the Office of the Oversight Commission, headed by Tom Constantine, have guided the PSNI in a positive direction.  “Despite the instability in the political process, the policing institutions have performed well over the past two years,” Reiss said.  He was encouraged by recent opinion polls describing public attitudes toward Northern Ireland’s policing institutions, as they now indicate that half of Catholics have confidence in the PSNI, up from one-third in the late 1990s. Nevertheless, Reiss remains concerned about reforming the Special Branch of the PSNI and stated that Sinn Fein, currently the largest nationalist party in Northern Ireland, should rethink its refusal to participate in the governance of the policing institutions. In his questions to Dr. Reiss, Chairman Smith inquired about the need for rapid reform of the Special Branch and argued that the PSNI must disclose its training curriculum. Dr. Reiss agreed that provisions in legislation for the International Fund for Ireland authorizing assistance to promote human rights training for police, encourage police-community dialogue, and support mediation efforts would be beneficial to the police reform process. Commissioner Hastings remarked that police reform and reconciliation in Northern Ireland would benefit by drawing on the expertise of others in nations having resolved similar problems.  Dr. Reiss agreed and noted that experts had been brought in from Bosnia, South Africa, and elsewhere to provide their insight. Ms. O’Loan stressed the importance of an independent Ombudsman, charged with investigating complaints of police abuses and making recommendations for policy changes. If necessary, the Ombudsman also refers cases for prosecution. Investigations are evidence-based and operate strictly under the legal mandate granted by Parliament; the office has jurisdiction only over PSNI, not the British military presence in Northern Ireland. Ms. O’Loan continued by detailing the accomplishments and challenges her office has faced in recent years. She noted that PSNI has grown more cooperative since the establishment of the Ombudsman, even to the point where police officers are willing to volunteer evidence and testify against abusive colleagues. Moreover, O’Loan was pleased with a trend of decreased usage of firearms and rubber bullets by the police – a testament to the policy of the Ombudsman to investigate every incident in which a weapon is fired. However, Ms. O’Loan described how her office is stretched by the need to investigate historical cases of police abuses. She believed that such investigations are vital for the process of reconciliation, but described how they consume sizable resources and staff. Chairman Smith asked O’Loan whether the Ombudsman had sufficient funding to study the historical cases of police abuse, inquired as to the Ombudsman’s contribution in police training, and asked how the Ombudsman acts to preempt abuse by problem officers. Ms. O’Loan answered that she had requested additional funding to cover historical cases, and that the matter was pending. She highlighted the human rights instruction the Ombudsman had provided to police trainees and described the Ombudsman’s early warning system for detecting abusive officers, which triggers an investigation of an officer if he is the subject of three or more complaints per year.  Chairman Smith also reiterated to Ms. O’Loan a need to investigate complaints of the harassment of attorneys by the police and other authorities. Following Ms. O’Loan, the Commission proceeded to hear from the remainder of the witnesses in its third panel. Generally, the third panel held a more guarded view of the progress of police reform in Northern Ireland in recent years. Paul Mageean began his testimony by calling for the government, political parties, and civil society of Northern Ireland to issue a mutually binding written declaration of human rights principles. He argued that such a “bill of rights” would set a positive tone for policing and government activities. Mageean also cited specific violations of human rights by Northern Ireland’s policing and judicial institutions, including the continued use of emergency anti-terrorism legislation to try suspects without juries of their peers, “heavy handed” police tactics, politically motivated raids and arrests by Special Branch, delays in addressing sectarianism within PSNI, and the use of plastic bullets. Elisa Massimino called for reforms to Northern Ireland’s criminal justice system. She understood that current legislative efforts at reform are underway, but she desired a quickened pace to establish a judicial appointment commission to “secure a judiciary in Northern Ireland that is reflective of society.” Massimino also wanted increased human rights training, the curtailed usage of emergency detention powers, and Public Inquires to determine if the police were complicit in the assassinations of Patrick Finucane and Rosemary Nelson, two human rights attorneys. Jane Winter joined Massimino’s request for public investigations into police collusion in the Finucane and Nelson murders. In calling on the British Government to release reports authored by Justice Peter Cory, she garnered Chairman Smith’s support, and London did release the reports two weeks later. Brendan McAllister described the role of his organization in providing expert advice to the police as they implement their reforms, particularly by facilitating dialogue and exchange programs with foreign police forces and communities that have dealt with similar problems. Mr. McAllister said the PSNI had made substantial progress in developing a concept of “community policing,” but the process requires a long-term commitment.  McAllister warned, however, that the situation is tenuous in Northern Ireland due to the political vacuum created by the collapse of the territory’s executive and assembly. Chairman Smith sensed from the testimony that the Ombudsman has done much to improve the quality of policing. Smith concluded by highlighting legislation that he had introduced, which has passed the House but is awaiting action in the Senate, that would authorize International Fund for Ireland monies to be spent on training the PSNI in human rights practices. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.  United States Helsinki Commission Interns Colby Daughtry and Irina Smirnov contributed to this article.

  • Northern Ireland Update: Implementation of the Cory Reports

    This hearing, chaired by Rep. Chris Smith (NJ-04), was a continuation of an earlier hearing in March 2004 that focused on developing accountability and public confidence in the Police Service of Northern Ireland.  This hearing reviewed a report by former Canadian Supreme Court Justice Peter Cory concerning the question of British state collusion in six murders in the Republic of Ireland and in Ulster. Justice Cory discussed the critical links between public confidence in the rule of law, government accountability, and the prospects for a peaceful future. Geraldine Finucane, the widow of murdered human rights attorney Patrick Finucane, was also a witness at this hearing.

  • Helsinki Commission Reviews Work of Tribunal for War Crimes in the Former Yugoslavia

    The Helsinki Commission held a briefing on the path to justice in southeastern Europe on October 7. Presenting his remarks at the briefing was Judge Theodor Meron, President of the International Criminal Tribunal for the former Yugoslavia (ICTY). Judge Meron began his remarks by underscoring the immensity of the task at hand. The vast scale of the crimes committed during the Yugoslav conflict, he said, "the murders, the rapes and deportations, the acts of torture, destruction and cruelty, would dwarf the capacity of any single court to bring more than a partial, a very partial reckoning." Nevertheless, he said, the tribunal struggles on, patiently and temperately disclosing the truth, giving the victims "a chance to see their sufferings recorded and at least in some small measure vindicated." Judge Meron asserted that the tribunal demonstrates the viciousness of those who built their power with hate-filled beliefs and sends a compelling message "that only through genuine reconciliation can all the peoples of the former Yugoslavia create thriving societies." Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) underscored the important role the tribunal plays. In his opening remarks, Chairman Smith explained that the court was a way of helping to break the climate of impunity and "ensuring that those responsible for heinous crimes would be held to account." Commissioner Cardin, likewise, described strong United States support for the court, saying that the United States Congressional Delegation to the OSCE Parliamentary Assembly has raised the war crimes issue at every annual meeting in the last decade. Cardin has sponsored numerous initiatives over the years aimed at bolstering support for the work of the ICTY. The United States took a leading role in the creation of the ICTY, and funds approximately one quarter of its annual budget. Given the significance placed on the ICTY and its mission, three issues were highlighted: the compliance by participating States with ICTY demands; the implications of the ICTY's completion strategy; and, the procedural methods of the court. All three participants insisted on compliance from states in turning over indictees and granting increased access to evidence and archives. Commissioner Cardin recalled that "there are still indictees who have not been turned over to The Hague. Some highly visible indictees, such as Mladic and Karadzic, we've now been talking about for too many years." Judge Meron contended that while states in the region have increased their cooperation, such cooperation still needs to be made more complete. Sixteen indicted individuals, he explained, are still at large, including Serb army chief Ratko Mladic, Serb leader Radovan Karadzic, as well as Ante Gotovina, one-time Commander of the Split Military District. Meron said that the international community needs to use what he regards as its considerable leverage with the countries of the region to convince them to arrest and deliver to The Hague the most senior people allegedly responsible for war crimes. Meron noted improvements from Serbia-Montenegro, stating that he is "encouraged by the emerging spirit of cooperation in Belgrade which has produced some significant results in the last year." But, he said, more needs to be done. Serbia, he argued, must arrest Mladic, whose whereabouts, it is believed, are known; improve access to archives; and end the bottleneck in meeting the demands presented by the ICTY prosecutor. Meron said the tribunal is also "expecting maximum cooperation...from Zagreb" and insisted that "there is no bias or preference of the target of our cooperation." Judge Meron, however, reserved particularly harsh words for Republika Srpska. That entity of Bosnia-Herzegovina, he said, "has not been cooperating at all.... There has been no compliance on their part, and much more international pressure is needed." With UN Security Council deadlines for completion approaching, Chairman Smith expressed his concern that key indictees would decide to simply wait out the tribunal's mandate. Judge Meron assured the Commission that the tribunal "will not move toward any closure before we have people like Mladic, Karadzic, and Ante Gotovina at The Hague." Smith expressed his full support for such a policy, stating that "to allow people like Mladic and Karadzic to escape justice by running out the clock would be a gross violation of human rights in and of itself." As part of the ICTY's completion strategy, Judge Meron said the court intended to transfer some low- to mid-level cases from the ICTY to competent courts in the region, in particular the special war crimes chamber within the newly reconstituted State Court of Bosnia-Herzegovina in Sarajevo. He expressed his appreciation to the international community for supporting this body and hoped that the United States and others would follow through on their promises for generous financial contributions. In addition to improving the legal capacity to try war criminals, Meron praised the Sarajevo court for the training it will provide to lawyers and judges in the area and "the message of democracy and the rule of law that will be triggered by such a court." Because of the fragility of the social system in Bosnia-Herzegovina, every bench of the Sarajevo court will have two international judges and only one local judge. He expressed his desire that, over time, the social environment will change to allow the composition to be reversed to give more significant representation to local judges. When asked whether cases could be transferred to war crimes chambers and courts elsewhere in the region other than the Sarajevo court, Judge Meron said he did not believe it feasible at the moment. At the same time, he argued, "War crimes trials have the greatest resonance when they take place very close to the theater of crime, the place where the crimes have been committed, where the victims or their families still live." He said, therefore, that it was his hope to have "more and more trials conducted in the area." Given the approaching of Security Council deadlines, Judge Meron also discussed some procedural changes the ICTY has adopted in its completion strategy. He described several internal initiatives made by the court attempting to improve efficiency. The tribunal has reformed its procedures for interlocutor appeals to reduce the number of interruptions in the trial and has restricted prosecutorial evidence that judges deem duplicative or unnecessary. Its ability to finish working in a timely fashion, he said, also depends on the choices the prosecutor makes on future indictments. In response to a question from the audience, Judge Meron commented about the tribunal's sentencing procedures. The tribunal has at times been accused of meting out sentences that are not commensurate with the gravity of the crime committed. Others have accused the tribunal of passing sentences for some defendants that were much greater than sentences for others convicted of similar crimes. Without sentencing guidelines from the Security Council, Judge Meron said, the tribunal has had to create its own common law. He stated though that he had "no reason to believe that as a general proposition our sentencing has not been within the parameters of what I would consider to be just and reasonable." Nevertheless, Judge Meron said, he has formed a working group of several judges to address the sentencing issue because he believes there is no aspect of the tribunal's activities that cannot be improved further. The tribunal, according to Judge Meron, represents an enormous experiment in international cooperation. Starting almost from scratch, the ICTY had to create its own rules of procedure and evidence. This effort, the judge claimed, will have an impact even beyond the specific crimes considered. He concluded, "The sort of judgments that we will leave behind from very detailed problems of definitions of international crimes, on the interpretation of the evidence, on the conflicts of evidence, on how to reconcile the notions of common law and civil law, will prove to be, I think, a very important legacy to us all." This briefing was the latest in a series of United States Helsinki Commission events and other activities this year intended to promote justice in southeastern Europe through improved cooperation with the ICTY. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Helsinki Commission Reviews OSCE Dutch Leadership

    By Marlene Kaufmann CSCE Counsel The United States Helsinki Commission held a hearing featuring the testimony of His Excellency Jaap de Hoop Scheffer, Foreign Minister of The Netherlands and Chairman-in-Office of the Organization for Security and Cooperation in Europe for 2003. The Foreign Minister testified on September 3, 2003 about the OSCE's efforts to promote security, stability and human rights in Europe and Eurasia. "In the last few years, we have come face to face with unprecedented challenges and threats to our security," said Minister de Hoop Scheffer. "The fight against terrorism is, and it should be, a top priority on our agenda." He noted that developing a comprehensive strategy to address new threats to security and stability will be the objective of OSCE Foreign Ministers in their upcoming meeting in Maastricht, The Netherlands, in early December. "We need to go beyond the repertoire of military action and policing as responses to security problems, and the OSCE can provide an impetus to this effort," he said. "No sustainable conflict resolution, let alone peace, can be achieved without due regard for human rights and democratization, for economic and environmental development, and without due regard for the rule of law." Other more surreptitious threats to security include organized crime, trafficking in human beings and illegal immigration, according to the Foreign Minister. Under de Hoop Scheffer's leadership, the Dutch Chairmanship has made combating human trafficking a priority and has secured the adoption of an OSCE action plan to combat trafficking in human beings to assist countries in confronting this modern day slavery whether they are countries of origin, transfer or countries of destination. The Minister explained that in support of this plan he intends to send missions of experts to assist countries in the fight against trafficking. The missions will draw on the expertise of OSCE institutions and will both monitor and take action against human trafficking. "Against this background, I feel sure that the Organization will be able to make an active, solid contribution to the fight," Mr. de Hoop Scheffer said. United States Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) welcomed the new OSCE effort. "I think it is a very realistic action plan . . . and it really adds to the common effort that we all need to take with regard to this modern-day slavery," said Smith, who has led the fight in Congress against human trafficking. Chairman Smith asked Minister de Hoop Scheffer to expand the anti-trafficking action plan to include the military in all OSCE countries, as well as policing and peacekeeping deployments throughout the region. Chairman Smith described his own efforts to make the U.S. military aware of this problem, including a request to the Army's Inspector General to investigate allegations of human trafficking at establishments frequented by U.S. military personnel in South Korea. An Ohio-based investigative news team revealed that women trafficked from Russia and the Philippines were being forced into prostitution in local clubs and bars surrounding U.S. bases and exposed the fact that uniformed U.S. military personnel understood the circumstances and yet did nothing to prevent or report the crime. According to Chairman Smith, the Inspector General took quick and decisive action to investigate the alleged activities and made specific recommendations to correct the matter. "The U.S. military has put more than 660 establishments, now seen for what they are, off limits to U.S. military as a direct result of this investigation," Mr. Smith said. Minister de Hoop Scheffer agreed that military and peacekeeping operations should be reviewed in strategies to combat human trafficking and said that the work being done by the U.S. military could serve as an example. The Minister also noted that NATO is undertaking a review of what its role should be in this regard. De Hoop Scheffer will take over as Secretary General of NATO in January, 2004. The Chairman-in-Office reviewed the work of the OSCE in combating anti-Semitism, racism and discrimination by highlighting the June conference held in Vienna regarding the rising tide of anti-Semitism in the OSCE region and strategies to combat it, as well as the September conference focused on efforts to combat racism, xenophobia and discrimination. Both Chairman Smith and Commission Member Rep. Alcee L. Hastings (D-FL), who participated in the June conference, urged de Hoop Scheffer to support another OSCE conference on anti-Semitism, which Germany has offered to host in Berlin in 2004. The Minister confirmed his support for such a conference saying, "having visited the Holocaust Memorial Museum this morning, having seen that, you need not have any other argument to go on fighting anti-Semitism." Commissioner Hastings queried Foreign Minister de Hoop Scheffer about his views on extending the term of the Chairman-in-Office from the current one year to two or three years, in view of the tremendous challenges facing the OSCE Chairmanship and the amount of work to be done. Mr. Hastings complimented the Minister, in particular, for the work he has done with Central Asian states. Calling his work as Chairman-in-Office "very challenging and a tremendously interesting responsibility," de Hoop Scheffer said he felt maintaining the one year term for the OSCE Chairmanship is the best way to proceed. He pointed to the work of the Troika, which is composed of the immediate past, current and upcoming Chairman-in-Office, who meet on a regular basis to discuss OSCE matters. The Minister has sought to strengthen this working group during his tenure and indicated that he felt this mechanism, along with the appointment of Special Representatives to focus on particular issues, serves to bring continuity to the leadership of the OSCE. Commissioner Hastings, who serves as a Vice President in the OSCE Parliamentary Assembly (OSCE PA) also asked the Chairman-in-Office about what can be done to strengthen the working relationship between the OSCE and the OSCE PA. Mr. Hastings voiced hope that the Parliamentary Assembly would participate fully in the Maastricht Ministerial Meeting and that the OSCE and Assembly would continue to foster a working partnership. Viewing this issue from the perspective of his sixteen years of service in the Dutch Parliament, the Chairman-in-Office said he believes that the OSCE leadership has made substantial progress in its relationship with the Parliamentary Assembly. He welcomed the opening of the Parliamentary Assembly's Liaison Office in Vienna, headed by Ambassador Andreas Nothelle, as well as the active participation of Parliamentary Assembly President Bruce George in meetings of the Troika. The Foreign Minister said that he would continue to work to improve interaction between the OSCE and the Assembly. Minister de Hoop Scheffer further highlighted the actions of the OSCE by discussing regions in which the Organization has been particularly active--including Central Asia, Belarus, Moldova, Chechnya, and Georgia. Helsinki Commission Member Rep. Joseph R. Pitts (R-PA) voiced concern about the authoritarian rule in much of Central Asia and the Caucasus and its potential to move toward a family dynasty, as seems to be happening in Azerbaijan. The Chairman-in-Office expressed his view that Central Asian governments need particular attention from the OSCE, given that social changes brought about since the end of the Cold War have begun to stall. The Minister, who recently visited the five Central Asian countries, emphasized the importance of direct involvement with participating States in order to monitor and pressure for change. "The OSCE missions are the eyes and the ears of the organization," he said. Mr. de Hoop Scheffer, who also spoke with members of nongovernmental organizations in Turkmenistan, stressed the need to maintain communications between all OSCE states, because the alternative would be to expel them. "Would that improve the fate of the people in jails in Uzbekistan or Turkmenistan?" he asked rhetorically. "I don't think so, but it's the perpetual moral dilemma we have." Mr. Pitts and Minister de Hoop Scheffer also expressed concerns about the refusal of Belarus to fully participate in OSCE meetings and negotiations. The Chairman-in-Office mentioned that of particular concern are attempts by the Government of Belarus to restrict the media's independence. He said he would follow the situation critically and would take whatever necessary action was called for. In Moldova, the OSCE plans to step up its efforts to resolve the Moldova-Transdniestria conflict. The OSCE is focusing on a political settlement and preparations for post-settlement. The two parties understand that a peacekeeping operation may be in place during the transition activities, and the OSCE is discussing the possibility. Mr. de Hoop Scheffer called for Russia to reclaim its weapons and ammunition from Moldova before the end of the year. He also urged the United States and the European Union to assist conflict resolution efforts in Moldova. The OSCE is still pushing for cooperation between Chechnya and the Russian Federation, despite difficulties in negotiations. The OSCE has developed a program aimed at benefitting the Chechen population and improving areas such as the judiciary and public order, economic and social developments, re-integration of displaced people, and media development. De Hoop Scheffer said violence and political obstacles have made negotiations in the area difficult. But he remained positive about a program to affect change. "I believe that the Russian Federation and the OSCE have a common interest in defining such a program," he said, adding the human suffering and material costs of this conflict are immense. The Maastricht Ministerial Meeting will set the agenda for the OSCE's future work and will address modern threats to security and stability, the Chairman-in-Office said. The meeting will take up human trafficking, economic and environmental issues, and review of field missions and peacekeeping. The conference will also be open to nongovernmental organizations, which de Hoop Scheffer said have been crucial to helping bring about change. The Chairman-in-Office concluded his testimony by stressing the importance of multilateral efforts and of the continued support of the United States. "That is one of the reasons why, with full candor, I have shared my impressions, convictions, and intentions for the coming period with you," he said. "In short, it takes a joint effort by the entire OSCE community to make this organization work." The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine senators, nine representatives, and one official each from the Departments of State, Defense, and Commerce.   United States Helsinki Commission Intern Lauren Smith contributed to this article.

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