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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  • Commission Hearing Surveys State of Ethnic Relations in Kosovo

    By Bob Hand, CSCE Staff Advisor The Helsinki Commission held a hearing June 19, 2002 on the prospects for ethnic harmony in Kosovo amidst recent reports of ongoing human rights abuses against minority groups. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing. Commissioner Senator George V. Voinovich (R-OH) also participated. "Vandalizing or bombing churches is not just wrong, it is beneath the dignity of any Albanian who suffered under the Milosevic regime," Smith said, stressing that "revenge is not justice." He condemned the inexcusable acts of repression brought upon Albanians during the former Yugoslav President's rule. Co-Chairman Smith appealed for cooperation among all parties involved and called for fostering a climate of tolerance. Leaders within Kosovo, within minority communities, and in the Yugoslav Government have a crucial role to play, Smith noted. Senator Voinovich expressed alarm over the human rights situation in Kosovo. He cited a joint report from the Organization for Security and Cooperation in Europe (OSCE) and the office of the United Nations High Commissioner for Refugees (UNHCR) on continuing areas of concern. Quoting from the report, Voinovich said, "I could not agree more with a statement made in that report: ‘Only when Kosovo's minorities feel confident in their long-term future and when all of Kosovo's displaced persons are able to exercise the choice to return to their homes, feeling assured of their safety and confident in their ability to assess institutions and participate in social, economic and political life in Kosovo on a nondiscriminatory basis will it be possible to say that the situation of minorities in Kosovo is successful.'" Based on his observations during a trip to Kosovo earlier this year, Voinovich underscored the continuing need for U.S. engagement. He concluded that the situation in the divided city of Mitrovica, where ethnically-motivated attacks persist, and along the Kosovo-Macedonian border need to be resolved through cooperation and discussion. Testifying before the Commission were Dr. Alush Gashi, representing President Ibrahim Rugova's Democratic League of Kosova in the Kosovo Parliament; Rada Trajkovic, leader of the Kosovo Serb "Return" Coalition within the Parliament; Valerie Percival, the Kosovo Field Representative for the International Crisis Group (ICG); and Deputy Prime Minister of Serbia Nebojsa Covic. Dr. Gashi expressed gratitude for the United States' leadership and promised to work with the international community to ensure that all Kosovars have equal national and human rights. He noted that Serbs currently participate in all levels of government and institutions. Further integration, however, is hindered by a Serb population that has so far refused to distance itself from Belgrade's brutal assault on Kosovar Albanians, which included numerous atrocities and 650 mass graves not yet exhumed. "The reality is that Kosovar-Albanians cannot get from Belgrade even the dead bodies of their members of families, and at this same time we are asking them to welcome live Serbs," Dr. Gashi testified in an emotional plea. Dr. Gashi acknowledged the right of Serbs to return to their homes in Kosovo. He also voiced strong opposition to "Belgrade's interference in [the] United Nations mission administration [UNMIK] in Kosovo." Dr. Trajkovic addressed a primary concern of the Kosovo Serb population, describing the fundamental unresolved issue as "the wish of the Albanians that Kosovo be exclusively their state and the wish of the Serbs that Kosovo remains part of their state." Dr. Trajkovic detailed a situation whereby the Albanian majority seeks the "Albanization and not multi-nationalization" of Kosovo. In this way, Kosovar Albanians dominate the hospitals, the universities, the media, and even the transportation sector, creating a highly segregated and polarized society. Islamic extremists, who go unpunished, are attempting to "wipe out the foundations of a civilization" by destroying churches, headstones, and cultural monuments, Trajkovic added. Ms. Percival discussed the ICG's recently released report on Kosovo, noting that Mitrovica is a "frequent flashpoint for confrontation and a source of instability." Attacks and reprisals are commonplace. Offering a multi-track plan of action, Percival recommended that the international community take four specific steps: pressure Belgrade to end its policy of incitement and continued support for parallel institutions; encourage the rule of law; establish a specially administered area in the north where Kosovar Serbs live; and promote UNMIK's transparency. Deputy Prime Minister Covic defended the right of Serbs in Kosovo to be free from "inexcusable persecution". "In Kosovo and Metohija, whatever the final solution might be, our desire is to have a strong and successful multi-ethnic society," Covic asserted. Covic said ethnic Serbs continue to flee Kosovo, in response to worrisome figures on the number of killings of Serbs, attacks, and missing persons. Kosovar leaders have shunned a bi-lingual society, inter-ethnic tolerance, unbiased police and an independent judiciary in favor of extremism, Covic maintained. Co-Chairman Smith, concerned about reports of pervasive criminality in Kosovo, raised the issues of missing persons, human trafficking, and perpetuation of parallel institutions. Ms. Percival said that UNMIK, in cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY), continues to exhume bodies from mass graves and is making efforts to account for missing persons. Though UNMIK established a trafficking and prostitution unit, the witness protection program is very weak. Mr. Covic responded that Yugoslav authorities are working hard to identify remains and find missing persons, noting the wide disparity between estimates of missing Albanians and Serbs. He added that Yugoslavia takes the issue of human trafficking very seriously and that anti-trafficking legislation is pending in Belgrade. Dr. Gashi labeled Yugoslav support for parallel institutions as an attempt to sabotage UNMIK's institutions. To calm the psychological insecurity, the Serbs have to demonstrate the will to work with us, Gashi testified. Mr. Covic stressed that parallel institutions were not created by the current Yugoslav authorities and once the Serbs' basic human rights in Kosovo are met, there will be no need for parallel institutions. Dr. Gashi reiterated his commitment to equal rights, an open civil society, and cooperation. In response to concerns raised, he indicated that a strong consensus exists among Kosovars opposing the destruction of Serb property and violence against Orthodox nuns and lay people in Kosovo. In light of the OSCE/UNCHR report, all witnesses agreed to its generally accurate portrayal of the situation and reasonable recommendations. Urging all parties to move forward, Senator Voinovich pressed for more information on allegations that Belgrade is "meddling" in the governance of Kosovo. Commissioners Smith and Voinovich pledged to continue their support for U.S. and international engagement to help resolve pressing issues in Kosovo. Any perpetrator of a human rights violation in Kosovo needs to be held accountable, Smith concluded. The hearing came to a close after Co-Chairman Smith recognized Daniel Serwer of the United States Institute for Peace (USIP) for a few closing remarks. Serwer stressed the need to support the creation of an infrastructure in which the next Kosovo parliament can effectively operate. USIP had recently hosted in Virginia a session on inter-ethnic cooperation among Kosovo parliamentarians. Thirty of the participants attended the hearing. An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission's Web site, http://www.csce.gov. 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, Commerce. United States Helsinki Commission intern Derek Politzer contributed to this article.

  • Concerning Rise in Anti-Semitism in Europe

    Mr. Speaker, I thank my good friend for yielding me time, and I rise in very strong support of H. Res. 393. I want to commend its sponsor and all of the Members who are taking part in this very important debate.   Mr. Speaker, yesterday, along with the gentleman from Maryland (Mr. Cardin), who is on the floor and will be speaking momentarily, we returned back from the OSCE, the Organization for Security and Cooperation in Europe, Parliamentary Assembly.   Every year, parliamentarians from the 55 nations that comprise the OSCE meet to discuss issues of importance. This year the focus was on terrorism, but we made sure that a number of other issues, because certainly anti -Semitism is inextricably linked to terrorism, were raised in a very profound way.   Yesterday, two very historic and I think very vital things happened in this debate. I had the privilege of co-chairing a historic meeting on anti -Semitism with a counterpart, a member of the German Bundestag, Professor Gert Weisskirchen, who is a member of the Parliament there, also a professor of applied sciences at the University of Heidelberg, and we heard from four very serious, very credible and very profound voices in this battle to wage against anti-Semitism.   We heard from Abraham Foxman, the National Director of the Anti -Defamation League, who gave a very impassioned but also very empirical speech, that is to say he backed it up with statistics, with information about this rising tide of anti-Semitism, not just in Europe, but in the United States and Canada as well.   He pointed out, for example, according to their data, 17 percent of Americans are showing real anti -Semitic beliefs, and the ugliness of it. Sadly, among Latinos and African Americans, it is about 35 percent. He pointed out in Europe, in the aggregate, the anti -Semitism was about 30 percent of the population.   Dr. Shimon Samuels also spoke, who is the Director of the Wiesenthal Center in Paris. He too gave a very impassioned and very documented talk. He made the point that the slippery slope from hate speech to hate crime is clear. Seventy-two hours after the close of the Durban hate-fest, its virulence struck at the strategic and financial centers of the United States. He pointed out, “If Durban was Mein Kampf, than 9/11 was Kristalnacht, a warning.”   “What starts with the Jews is a measure, an alarm signaling impending danger for global stability. The new anti -Semitic alliance is bound up with anti -Americanism under the cover of so-called anti –globalization.”   He also testified and said, ``The Holocaust for 30 years acted as a protective Teflon against blatant anti -Semitic expression. That Teflon has eroded, and what was considered distasteful and politically incorrect is becoming simply an opinion. But cocktail chatter at fine English dinners,'' he said, ``can end as Molotov cocktails against synagogues.   ``Political correctness is also eroding for others, as tolerance for multi-culturism gives way to populous voices in France, Italy, Austria, Denmark, Portugal, and in the Netherlands. These countries' Jewish communities can be caught between the rock of radical Islamic violence and the hard place of a revitalized Holocaust-denying extreme right.   “Common cause”, he concluded, “must be sought between the victimized minorities against extremism and fascism.”   I would point out to my colleagues one of those who spoke pointed out, it was Professor Julius Schoeps, that he has found that people do not say “I am anti -Semitic;” they just say ”I do not like Jews”, a distinction without a difference, and, unfortunately, it is rearing itself in one ugly attack after another.   I would point out in that Berlin very recently, two New Jersey yeshiva students, after they left synagogue, they left prayer, there was an anti -American, anti -Israeli demonstration going on, and they were asked repeatedly, are you Jews? Are you Jews? And then the fists started coming their way and they were beaten right there in Berlin.   Let me finally say, Mr. Speaker, that yesterday we also passed a supplementary item at our OSCE Parliamentary Assembly. I was proud to be the principal sponsor. The gentleman from Maryland (Mr. Cardin) offered a couple of strengthening amendments during the course of that debate, and we presented a united force, a U.S. force against anti-Semitism.   I would just point out this resolution now hopefully will act in concert with other expressions to wake up Europe. We cannot sit idly by. If we do not say anything, if we do not speak out, we allow the forces of hate to gain a further foothold. Again, that passed yesterday as well.   Mr. Speaker, I urge Members to become much more aware that this ugliness is rearing its ugly face, not just in the United States, but Canada, in Europe, and we have to put to an end to it. Hate speech and hate crimes go hand in hand.   Mr. Speaker, I urge support of the resolution.   United States Helsinki Commission--Anti -Semitism in the OSCE Region   The Delegations of Germany and the United States will hold a side event to highlight the alarming escalation of anti -Semitic violence occurring throughout the OSCE region.   All Heads of Delegations have been invited to attend, as well as media and NGOs.   The United States delegation has introduced a supplementary item condemning anti -Semitic violence. The Resolution urges Parliamentary Assembly participants to speak out against anti-Semitism.

  • Introduction of Belarus Democracy Act

    Mr. Speaker, I am introducing today the Belarus Democracy Act of 2002, which is intended to help promote democratic development, human rights and the rule of law in the Republic of Belarus, as well as encourage the consolidation and strengthening of Belarus’ sovereignty and independence. When measured against other European countries, the state of human rights in Belarus is abysmal – it has the worst record of any European state. Through an illegitimate 1996 referendum, Alexander Lukashenka usurped power, while suppressing the duly-elected legislature and the judiciary. His regime has blatantly and repeatedly violated basic freedoms of speech, expression, assembly, association and religion. The fledgling democratic opposition, non-governmental organizations and independent media have all faced harassment. There are credible allegations of Lukashenka regime involvement in the disappearances – in 1999 and 2000 – of opposition members and a journalist. There is growing evidence that Belarus is a leading supplier of lethal military equipment to rogue states. A draft bill is making its way in the Belarusian legislature that would restrict non-traditional religious groups. Several days ago, on June 24, two leading journalists were sentenced to two and 2 ½ years, respectively, of “restricted freedom” for allegedly slandering the Belarusian President. Despite efforts by Members of Congress, the Helsinki Commission which I co-chair, the State Department, various American NGOs, the Organization for Security and Cooperation in Europe (OSCE) and other European organizations, the regime of Alexander Lukashenka continues its hold onto power with impunity and to the detriment of the Belarusian people. One of the primary purposes of this bill is to demonstrate U.S. support for those struggling to promote democracy and respect for human rights in Belarus despite the formidable pressures they face from the anti-democratic regime. The bill authorizes increases in assistance for democracy-building activities such as support for non-governmental organizations, independent media – including radio and television broadcasting to Belarus, and international exchanges. The bill also encourages free and fair parliamentary elections, conducted in a manner consistent with international standards – in sharp contrast to recent parliamentary and presidential elections in Belarus which most assuredly did not meet democratic standards. As a result of these elections, Belarus has the distinction of lacking legitimate presidential and parliamentary leadership, which contributes to that country’s self-imposed isolation. In addition, this bill would impose sanctions against the Lukashenka regime, and deny high-ranking officials of the regime entry into the United States. Strategic exports to the Belarusian Government would be prohibited, as well as U.S. Government financing, except for humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs. The bill would require reports from the President concerning the sale or delivery of weapons or weapons-related technologies from Belarus to rogue states. Mr. Speaker, finally, it is my hope that this bill will help put an end to the pattern of clear, gross and uncorrected violations of OSCE commitments by the Lukashenka regime and will serve as a catalyst to facilitate Belarus’ integration into democratic Europe in which democratic principles and human rights are respected and the rule of law prevails.

  • Hearing Addresses Dramatic Increase in Anti-Semitic Attacks Across Europe

    By H. Knox Thames, CSCE Counsel The United States Helsinki Commission held a hearing May 22, 2002 on the continuing wave of anti-Semitic attacks that has swept across Europe this year. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing. Commissioners Rep. Benjamin Cardin (D-MD), Senator George V. Voinovich (R-OH), and Senator Hillary Rodham Clinton (D-NY) also participated. Testifying before the Commission were Shimon Samuels, Director of the Simon Wiesenthal Center in Paris; Mark B. Levin, Executive Director of NCSJ: Advocates on behalf of Jews in Russia, Ukraine, the Baltic States & Eurasia; Alexandra Arriaga, Director of Government Relations for Amnesty International USA; Rabbi Andrew Baker, Director of International Jewish Affairs for the American Jewish Committee; and Kenneth Jacobson, Director of International Affairs Division for the Anti-Defamation League. Co-Chairman Smith opened the hearing with an urgent appeal to combat increasingly frequent acts of anti-Semitism – including synagogue fire bombings, mob assaults, desecration of cultural property and armed attacks. He detailed the Organization for Security and Cooperation in Europe’s strong position on anti-Semitism, but voiced dismay that some participating States have not taken appropriate measures to combat acts of violence and incitement. “Anti-Semitism is not necessarily based on the hatred of the Judaic faith, but on the Jewish people themselves,” Smith said. “Consequently, the resurfacing of these . . . acts of violence is something that cannot be ignored by our European friends or the United States.” In a submitted statement, Chairman Ben Nighthorse Campbell stated, “The anti-Semitic violence spreading throughout the OSCE region gives cause for deep concern for its scope and viciousness.” Senator Campbell insisted “no longer can these acts of intolerance and violence be viewed as separate occurrences.... [Such] manifestations of anti-Semitism must not be tolerated, period, regardless of the source.” Senator Voinovich expressed consternation over the increasing number of attacks in Europe. He stated he was “saddened and deeply disturbed by reports of anti-Semitism that have taken place recently in some of the world’s strongest democracies: France, Germany, Belgium.” Senator Voinovich added, “Many of Europe’s synagogues have become targets of arson and Molotov cocktails.” Senator Clinton added, anti-Semitism “is something for which all of us have to not only be vigilant but prepared to take action.” She urged President Bush to raise the issue during his planned trip to Europe, and expressed hope that the OSCE commitments undertaken by European governments, in reference to anti-Semitism, would be “followed up by action.” Rep. Cardin, in his opening statement, hoped the hearing would “remind OSCE participating States that they have pledged to unequivocally condemn anti-Semitism and take effective measures to both prosecute those committing such hate crimes and to protect individuals from anti-Semitic violence.” Rep. Cardin also expressed his disappointment that European governments had not taken a more aggressive stand. Dr. Samuels presented chilling testimony on the extent of anti-Semitic attacks in Europe and the failure of European governments and the international community to respond effectively. “Every Jewish building in Paris requires protection,” Samuels testified, reading from a January 16, 2002 Le Monde article. “Any child leaving school may be beaten because he is Jewish, only because he is a Jew.” Among the hundreds of attacks in France just this year, Samuels cited several compelling stories: An eight-year-old girl was wounded by a bullet when a Jewish school bus came under fire in suburban Paris. A rabbi’s car was defaced by graffiti that read “Death to the Jews.” Rather than documenting these incidents as anti-Semitic violence, the French Government identified them as a broken windshield and an act of vandalism, respectively. In effect, there exists what Dr. Samuels called a “black box of denial.” The perpetrators often go unpunished. Mr. Levin addressed anti-Semitism in the former Soviet states, urging appropriate criticism of countries’ shortcomings and recognition of their successes when it comes to combating anti-Semitism. Enforcing existing laws, using the bully pulpit, outreach to the general public, furthering understanding through education, and encouraging a role for religious leaders are all important steps, Levin testified. He concluded, “It is our hope and it is our expectation that when President Bush meets with President Putin in Moscow. . . he will carry this message.” Ms. Arriaga testified that Amnesty International strongly condemns the recent spate of anti-Semitic attacks. “These acts are violations of the most fundamental human rights committed on the basis of an individual’s religion or identity,” she said. Ms. Arriaga made two recommendations. One, President Bush should raise issues of law enforcement accountability and other steps toward combating racist and anti-Semitic attitudes with Russian President Vladimir Putin at the late-May U.S.-Russia summit. Two, Congress should consider lifting the Jackson-Vanik amendment as a means of leveraging discussions. Rabbi Baker made a compelling statement that further highlighted the severity of anti-Semitism. Like Samuels, Baker outlined three sources of hatred that have converged to create the situation in which Europe now finds itself. They include radicalized Muslims, incited by the scathing coverage of Israel in the Arabic press; the surge in popularity of Europe’s far right wing; and a growing hatred of Israel on Europe’s left wing. “The image of an Israeli who is frequently portrayed as an aggressive violator of human rights is quickly conflated with the Jew,” Baker testified. Taking this one step further, Baker continued, cartoonists have depicted Israeli leaders with gross physical exaggerations just as the Nazis depicted the Jewish “villain.” Baker observed the need for U.S. political leaders to approach European leaders “in measured and sober tones.” Concluding his testimony, Baker acknowledged that the U.S. has been European Jewry’s strongest ally in the fight against anti-Semitism. Mr. Jacobson’s testimony framed the issue of anti-Semitism as a national security matter for the United States. Anti-American and anti-Jewish sentiments often go hand-in-hand, he said. Typically, this sort of hatred spreads from one region in the Middle East to another in Europe, in large part, because of anti-Jewish invective spewed by Al Jazeera television, anti-Israel media coverage in France, and trans-ideological Internet propaganda. Appealing for action, Jacobson recommended that Congress and the OSCE work to place this issue on the international diplomatic agenda. He also suggested the international community convene a conference on anti-Semitism. Finally, anti-bias education can help combat anti-Semitism, Jacobson said. Commissioners pledged to raise the issue of anti-Semitism at the upcoming OSCE Berlin Parliamentary Assembly meeting in early July. Among the initiatives discussed was the introduction of a free-standing resolution on anti-Semitic violence in the OSCE region for consideration in Berlin. An un-official transcript of the hearing and written statements submitted by Members and witnesses can be found on the Helsinki Commission’s Internet web site. 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 intern Derek N. Politzer contributed to this article.

  • Escalating anti-Semitic Violence in Europe

    While the anti-Semitism scourge lurks in the United States, the sharp escalation of violence against Jews in the OSCE region deserves attention. The most brutal incidents in recent months have occurred in France, Belgium and Germany. Violence has also been directed toward the Jewish community in the United Kingdom, Greece and Ukraine. OSCE participating States have pledged to unequivocally condemn anti-Semitism and take effective measures to protect individuals from anti-Semitic violence. Despite that commitment, attacks against Jews continue. Two Yeshiva students from New Jersey were assaulted in Germany. A mob attacked Jewish worshipers in a Ukraine synagogue. A gang attacked Jewish high school soccer players in France. Vandals vandalized several synagogues in Russia. A Marseille synagogue burned to the ground and synagogues elsewhere in the OSCE region have suffered firebomb attacks. Coupled with a resurgence of aggressive nationalism and an increase in neo-Nazi “skin head” activity, participating States throughout the OSCE region face the urgent challenge of stemming the tide of escalating anti-Semitic violence.

  • International Cooperation In The War On Terrorism

    Sen. Ben Nighthorse Campbell, Rep. Chris Smith, and witnesses discussed the OSCE’s efforts to coordinate counter-terrorism activities among its 55 member states, along with the level that these states are fulfilling their commitments to comply in the fight against terrorist activities and organizations. More specifically, the hearing focused on the financial and diplomatic dimensions of the war on terrorism, along with the European Union’s role in its efforts to fight terrorism in the OSCE region and the world over. This hearing took place with the recent U.S.-EU counter terrorism cooperation summit in mind.

  • Cyprus Talks Focus of Commission Briefing

    By Chadwick R. Gore CSCE Staff Advisor The Helsinki Commission held a briefing on March 26 regarding possible outcomes of ongoing direct talks between Republic of Cyprus President Glafcos Clerides and Turkish Cypriot leader Rauf Denktash. The two leaders have been central figures in developments on the divided island nation for over a quarter century. Panelist Ian Lesser said the time is ripe for the two sides to settle this conflict. Lesser, a senior political scientist at the RAND Corporation, attributed the resumption of talks last December to the force of European Union membership. “The issue about European membership for Cyprus, but also in the broader sense European prospects for Turkey and the Europeanization of Greek policy over the last decade…has proved a key context for this [round of talks] to move forward,” Lesser stated. Panelist Doug Bandow, Senior Fellow at the CATO Institute, agreed with Lesser and laid out another catalyst for the talks. “I think what spurs the [talks] today certainly is the issue of the EU and whether or not Cyprus goes in; and in many ways, the Turkish threat, which they haven’t repeated recently but nevertheless hangs over the proceedings, of whether or not to annex the section of the island which the troops occupy,” Bandow said. Central issues which Clerides and Denktash will have to resolve during these talks come from both sides of the Green Line, the dividing line agreed to under the terms of the current United Nations-monitored cease fire. Turkish Cypriots are concerned for their safety on an island that is overwhelmingly Greek. The status of Turkish immigrants under a new form of government is an issue in which both sides take interest. According to Bandow, the citizens of the Republic of Cyprus, mainly of Greek ethnicity, are primarily concerned with “reimbursement for lost property, the right to travel throughout the island, the ability to go back to historic homelands, the notion of having a unified island again; where, in fact, Cyprus exists as a nation in which people are free within that island.” If indeed an agreement is reached between the two parties, the positive outcomes would extend beyond the island’s borders. Colonel Stephen R. Norton (U.S. Army, Ret.), a senior Policy Advisor at the Western Policy Center, expounded on the benefits of a solution. “First, it reduces the potential for conflict in the region. It strengthens NATO’s southern flank at a time when the alliance is deeply engaged in Balkan peacekeeping and the war on terrorism. It improves bilateral relations between NATO allies, Greece and Turkey. It enhances Turkey’s reputation with the European community and helps with its EU accession process – a very important item. It decreases long standing anti-Americanism in Greece. And, finally, it serves as an example where you have Christian and Muslim populations working out their problems together.” Asked how the United States, specifically, can deter another conflict on Cyprus, panelist Philip H. Gordon of the Brookings Institute and the Center on the United States and France, answered, “…every single party involved in this – Turkish Cypriots, Greek Cypriots, Greece, Turkey, EU and us – are worse off if this is not resolved by December and there’s a crisis.” If the solution is to be long lasting, the Cypriots must reach it themselves, Bandow concluded. Despite positive remarks about the situation, none of the four panelists were overly optimistic about the outcome of the current round of talks. Hesitant to set a deadline for an agreement, Gordon editorialized his thoughts, saying, “I think we need to be absolutely prepared for breakdowns in the talks, continued haggling between the two sides, literally up to the last minute, which is probably the EU’s Copenhagen Summit in December.” The Helsinki Commission also held a briefing on Tuesday, December 4, 2001 to explore the renewal of talks on Cyprus between Cypriot President Glafcos Clerides and Turkish Cypriot leader Rauf Denktash. The briefing featured United States Special Coordinator for Cyprus Ambassador Thomas G. Weston.

  • Anti-Terrorism Conference Held in Bishkek

    By Janice Helwig Policy Advisor The Organization for Security and Cooperation in Europe (OSCE) – together with the United Nations Office for Drug Control and Crime Prevention (UNODCCP) – organized the Bishkek International Conference on Enhancing Security and Stability in Central Asia from December 13-14, 2001 to discuss ways in which the Central Asian countries can contribute to the global fight against terrorism. The conference was a step in implementing the OSCE Action Plan for Combating Terrorism, adopted by the OSCE participating States at the Bucharest Ministerial Meeting earlier in December. The meeting culminated with the adoption of a political declaration and an action program outlining areas where international assistance is particularly needed. (All documents are available on the OSCE website at www.osce.org) The conference also gave State authorities a chance to share experiences and ideas with each other; Spain and the United Kingdom, in particular, discussed lessons they had learned in combating terrorism in their countries. OSCE States had the opportunity to exchange views with countries not normally included in OSCE meetings, such as Pakistan, Iran, India, and China. The goal of the conference was to progress from discussion to action by identifying concrete areas for international assistance to Central Asia in fighting terrorism. The success of the conference depends on whether OSCE States and international organizations follow up on the areas identified and come forward with projects and funding. Kyrgyz President Askar Akaev opened the meeting, and Kyrgyz Foreign Minister Imanaliev also participated. In addition to OSCE participating States, then Chairman-in-Office Romanian Foreign Minister Mircea Geoana attended the conference, as did representatives from several OSCE Institutions – including High Commissioner on National Minorities Rolf Ekeus, Director of ODIHR Gerard Stoudmann, OSCE Secretary General Jan Kubis, and OSCE Parliamentary Assembly Vice-President Ahmet Tan. In addition to UNODCCP, several other international organizations participated, including the Organization of Islamic Conference (OIC), and the International Organization for Migration (IOM). President Akaev stressed the importance of international support for a neutral Afghanistan that will no longer be a haven for extremism, drugs, or terrorism. Kyrgyzstan and other Central Asian states had been pointing out the potential for violence, terrorism, and extremism to spill over from Afghanistan for several years, he noted, but the international community had taken no preventive steps. International efforts to combat terrorism now need to be more proactive. Poverty must be addressed throughout the region in order to minimize the possibility of its being exploited by terrorists to gain followers. All Central Asian states asked for technical and financial assistance, particularly to fight drug trafficking and organized crime, which are often sources of funding for terrorist organizations. The U.S. delegation was co-headed by Stephan M. Minikes, U.S. Ambassador to the OSCE, and Steven Monblatt, Deputy Coordinator in the State Department Office of the Coordinator for Counter Terrorism. Other members of the delegation included representatives from the State Department’s Bureaus of Democracy, Human Rights, and Labor, and of International and Law Enforcement Affairs, as well as a representative of the CSCE. Ambassador Minikes summed up the U.S. position in his closing statement, “We must ensure that our societies are ones in which terrorists cannot thrive, that our societies are ones in which human rights are respected, and in which rule of law, freedom of expression, tolerance, and democracy strengthen stability. As so many noted in Bishkek, societies of inclusion, with economic opportunities for all, pluralistic debate, a political commitment to conflict resolution, and where integration does not mean losing one's identity, are those where extremists have the least chance of generating sympathy and support from the moderate majority.” Other OSCE States discussed the importance of a concerted international effort against terrorism that includes fostering human rights, the rule of law, and economic development. The delegations of the United Kingdom and Spain shared their experiences fighting terrorism. The UK underscored that, based on lessons learned in Northern Ireland, respect for rule of law and human rights must be the basis for any approach to fighting terrorism; otherwise, authorities lose the moral high ground and the support of moderates. In addition, free political debate is essential to provide a peaceful alternative for dissenting views and prevent terrorists from gaining the support of those who share their views but not their methods. ODIHR Director Stoudmann stressed the need for caution as new procedures and legislation are put in place to combat terrorism; government authorities should not, above all, use terrorism as an excuse to rid themselves of opposition or dissent, he suggested. He offered ODIHR’s services in reviewing draft anti-terrorism legislation to ensure that international standards are upheld. In the political declaration, states participating in the conference pledged to work together against terrorism in full conformity with their OSCE commitments and fully respect human rights and the rule of law. They rejected the identification of terrorism with any particular religion or culture. They also noted that, as a neighbor to Afghanistan, the Central Asian region has been exposed to specific challenges and threats to security and therefore needs particular assistance in combating terrorism. The program of action outlined the following priorities for concrete programs: Promoting ratification and implementation of international conventions related to combating terrorism; Enhancing cooperation between both national and international agencies involved in combating terrorism and in fighting crime; Adopting national anti-money laundering legislation and create corresponding structures; Increasing cooperation in the protection of human rights and in strengthening rule of law and democratic institutions; Assisting judicial systems through training and strengthening independence; Fostering political dialogue, including through political parties, civil society, and free media; Addressing economic problems, including through programs to attract investment; Assisting Central Asian states in controlling their borders, particularly with regard to drug trafficking; and Encouraging joint training and operational activities among the countries of Central Asia.

  • U.S. Special Coordinator for Cyprus Briefs Commission as Talks Renew in Nicosia

    By Chadwick R. Gore, CSCE Staff Advisor U.S. Special Coordinator for Cyprus Ambassador Thomas G. Weston participated in a Commission public briefing in Washington on December 4 just hours after Greek Cypriot President Glafcos Clerides and Turkish Cypriot Leader Rauf Denktash resumed contacts in Nicosia, Cyprus. The briefing was moderated in the Cannon House Office Building by Commission Chief of Staff Ron McNamara who opened the discussion by noting that the Cyprus conflict predates the 1975 signing of the Helsinki Final Act, and that Cyprus was an original signatory. McNamara underscored the human dimension of the longstanding conflict. Weston reviewed the outcome of the talks that had transpired that morning between Clerides and Denktash at the residence of the U.N. Chief of Mission in the presence of Mr. Alvaro de Soto, the Special Advisor to the U.N. Secretary General on Cyprus. They agreed that the Secretary General, in the exercise of his mission of good offices, would invite the two leaders to direct talks to be held in Cyprus starting in mid-January 2002 on United Nations premises with no preconditions and with all issues on the table. They are to negotiate in good faith until a comprehensive settlement is achieved, and nothing will be agreed until everything is agreed. Ambassador Weston viewed this as a major step forward in the stagnant Cypriot peace process noting that Clerides would dine at the home of Denktash that evening, an unprecedented event. "Efforts to settle the Cyprus problem have been going on for a long, long time," Weston remarked, describing the process’ evolution since 1999 and its subsequent breakdown, concluding, “I think what you're seeing here is a culmination of a long effort rather than something which just came out of the blue.” “I should make very clear,” said the Ambassador, “that the suggestion for direct talks did come from the Turkish Cypriot leader [and] that needs to be acknowledged. …It's important to remember who actually suggested it and give credit where credit is due.” Weston made clear, “The efforts of all others who have been pushing in this direction, including Greece and Turkey, but all others, are also to be strongly commended. …The efforts of the U.N. Secretary General, his direct involvement in this process repeatedly over the last two-and-a-half years, and the excellent work done by his Special Advisor in getting us to this point—all are to be commended.” While the resumption of talks was of interest, what could be expected to be the outcome was the real focus of the briefing. “What can we expect to come from the process is obviously the key,” said Weston. “I think the fact that these two leaders have agreed to go to direct talks under these circumstances, with no preconditions, all issues on the table, and with a commitment to continue to negotiate in good faith until a comprehensive settlement is achieved, are very dramatic indications of a willingness on the part of both leaders to actually try and get a comprehensive settlement in the short period of time we have available before Cyprus secedes to the European Union. “I do not believe that this should be underestimated in any way in terms of what it indicates about the willingness of these two leaders to move forward.” Ambassador Weston was not prepared to predict whether these resumed contacts would lead to a comprehensive settlement in time to permit a unified Cyprus in the European Union at an early date. On the other hand, he was much more hopeful that that could be achieved. “It is incumbent on all of us interested in a just and durable settlement of the Cyprus problem to redouble our efforts in support of this effort to get a comprehensive settlement in a brief period of time,” Weston concluded. A career Foreign Service Officer since 1969, Weston has served as the special coordinator for Cyprus since August of 1999. Ambassador Weston has served as Deputy Assistant Secretary of State for European and Canadian Affairs responsible for multilateral diplomacy with Europe including the U.S. participation in NATO, the OSCE, and the OECD as well as U.S. relations with European Union and the Council of Europe. He has also served as Chargé and Deputy Chief of Mission at the U.S. Mission to the European Communities. A Helsinki Commission delegation visited Cyprus in January of 1998 to assess developments in the security, economic and human dimensions. Members of the delegation held a series of meetings with officials, international peacekeepers, and private citizens.

  • Ambassador Stephan H. Minikes

    Mr. President, as Chairman of the Helsinki Commission, I take this opportunity to welcome the recent swearing-in of Stephan M. Minikes to serve as U.S. Ambassador to the Organization for Security and Cooperation in Europe, OSCE. Prior to that ceremony, I met with Steve to discuss priority issues on the Commission's agenda, including the promotion of democracy, human rights and economic liberty as well as such pressing concerns as international crime and corruption and their links to terrorism. The Commission remains keenly interested in the OSCE as a tool for promoting human rights and democratic development and advancing United States interests in the expansive 55-nation OSCE region. The terrorist attacks of September 11 represented an assault on the principles of democracy, human rights and the rule of law: core principles at the heart of the OSCE. It is crucial that we redouble our efforts to advance these fundamental principles throughout the OSCE region even as we pursue practical cooperation aimed at rooting out terrorism. The OSCE provides an important framework for advancing these vital and complementary objectives. I am confident that Steve will draw on his extensive and varied experiences as he assumes his duties as U.S. Ambassador to the OSCE and I look forward to working with him and his team in Vienna. I ask unanimous consent that Secretary of State Powell's eloquent prepared remarks delivered at Ambassador Minikes' swearing-in ceremony be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: Remarks of Secretary of State Colin L. Powell at the Swearing-in of Stephan M. Minikes Ambassador Ducaru: Distinguished Guests, welcome to The Department of State. It is my honor and pleasure today to swear-in a distinguished civic leader as our next Ambassador to the Organization for Security and Cooperation in Europe: Steve Minikes. As a boy in Nazi Germany, Steve knew what it is like to live under oppression. His relatives died in concentration camps. He saw hate consume a country, ravage a continent, and cause a world war. Later, he saw a devastated Europe divided by force and a hot war replaced by a cold one. And since the age of eleven, when he found his new home in America, Steve Minikes has never for a minute taken freedom for granted, not his or anyone else's. And so, when President Bush selected Steve to be his personal envoy to the OSCE, he knew that he was choosing a person who would be deeply committed to the fundamental principles of the Helsinki process. The President knew that Steve needed no convincing that human rights, the rule of law and democracy are inextricably linked to prosperity, stability and security. And the President knew that in Steve he was choosing someone who would work hard and well to realize, in all its fullness, the dream of a Europe whole and free. And so, Ladies and Gentlemen, Steve Minikes will bring to his new position a deep commitment to serve the country that gave him a new life, and a strong determination to help the continent of his birth attain its highest hopes. And Steve will bring a lot more to the table besides. He will bring expertise in and out of government that spans the law, management, banking, trade, energy and defense. He will bring a reputation for excellence and dedication that extends from the corporate world to Capitol Hill, from the Pentagon to the White House, as the presence here of friends from Congress and from a wide range of federal agencies attests. Steve also brings his experience as a Director of the Washington Opera, which will serve him very well at OSCE. Think about it. Conducting multilateral diplomacy with 54 other sovereign countries: countries as big as Russia, Germany and the United States on the one hand, and as small as Liechtenstein, San Marino and Malta on the other. And each of them with a veto. That's a lot like staging the elephant scene from Aida, only easier. The American people are truly fortunate that they can count on a citizen as accomplished and admired as Steve to represent them at so important a forum as the OSCE. I know that Steve would be the first to agree with me, however, when I say that we would not have been able to contribute so much to his community and his country, had it not been for the love and support of his family. I want to especially welcome his partner in life, Dede and their daughter Alexandra and her husband Julian. A warm greeting as well to Dede's sister Jackie and brother Peter and their families. I think they all deserve a round of applause. Ladies and Gentlemen: Twenty-six years ago when President Ford signed the Final Act in Helsinki, he said that the Helsinki process would be judged not by the promises made but by the promises kept. Thanks in incalculable measure to the men and women who braved totalitarian repression to ensure that the promises made in Helsinki would be kept, all 55 members of the OSCE are truly independent nations today, able to chart their own course for a new century. The promises made in Helsinki during the Cold War and reaffirmed during the post-Cold War period, are still fundamental to European security and cooperation in this post-, post-Cold War world. And, like all his predecessors from Gerald Ford to William Clinton, President Bush is strongly committed to fulfilling the promise of Helsinki. The President and I are counting on you, Steve, to work with our fellow member states, with the various OSCE institutions that have been established, and, of course, with the Members of the U.S. Commission on Security and Cooperation in Europe, to that noble end. Human rights and fundamental freedoms remain the heart and soul of OSCE. Keep them in the spotlight. Democracy and the rule of law are key to fighting hatred, extremism and terrorism. Work with our OSCE partners, the Office for Democratic Institutions and Human Rights and the Representative for Free Media to consolidate democratic processes and promote freedom of expression. Help OSCE foster ethnic tolerance. Help it protect human dignity by strengthening efforts against trafficking in persons. We also look to you, Steve, with your private sector experience, to explore ways to develop OSCE's economic and environmental dimensions. OSCE has done some good work on corruption and good governance. Portugal, the incoming Chairman-in-Office, has some interesting ideas on transboundary water issues. Help us think about what else we might do. The President and I also depend on you to utilize and strengthen OSCE's unique capacities for conflict prevention and crisis management. To work with OSCE's High Commissioner on National Minorities in addressing the root causes of ethnic conflict. We will also look to you to support OSCE's field missions which are contributing to stability from Tajikistan to Kosovo. In the security dimension of OSCE, good progress has been made in meeting conventional force reduction commitments. We will count on you, Steve, to help resolve the remaining issues. The Voluntary Fund for Moldova is a valuable tool for getting rid of weapons and ammunition. Keep using it. OSCE's action plan will be valuable in fighting terrorism. Implementation is critical. Keep the momentum going. Institutionally speaking, OSCE's strengths remain its flexibility, the high degree of political will that is reflected in its consensus decisions, and the politically binding nature of its commitments. As OSCE considers how it might best adapt to changing needs, do not compromise these strengths. Build upon them. Ladies and Gentlemen, next week, Steve and I will travel to Bucharest for a meeting of the OSCE Ministerial Council. There, the Chairmanship-in-Office will pass from the capable hands of Romania into the able hands of Portugal. And I will just as confidently witness the passing of the baton from Ambassador Johnson to Ambassador Minikes. There is a great deal of important work ahead for the OSCE. There are still many promises to keep. And Steve, the President and I know that you will help us keep them. You and Dede have President Bush's and my best wishes as you embark upon your new mission for our country. And now it is my pleasure to administer the oath of office.

  • The Situation in Cyprus

    This briefing explored the renewal of talks on Cyprus between Cypriot President Glafcos Clerides and Turkish Cypriot leader Rauf Denktash. President Clerides and Turkish Cypriot leader Denktash had agreed to meet in Nicosia on Tuesday, December 4, 2001 with talks reportedly aimed toward resolution of the longstanding conflict on the island. United States Special Coordinator for Cyprus Ambassador Thomas G. Weston discussed the developing talks between the two leaders; the current status of the United Nations sponsored talks; implications of European Union expansion; and the leadership on both sides of the Cyprus issue and where the respective leaders stand on the issues.

  • Helsinki Commission Examines U.S. Policy toward the OSCE

    By Erika B. Schlager, CSCE Counsel for International Law On October 3, the Helsinki Commission held a hearing on "U.S. Policy toward the OSCE." Originally scheduled for September 12, the hearing was postponed after the September 11 terrorist attacks. This hearing was convened to examine U.S. priorities and human rights concerns in the OSCE region; how the OSCE can serve to advance those goals and address human rights violations; the pros and cons of the institutionalization and bureaucratization of the OSCE and field activities; and the openness and transparency of the Helsinki process. Helsinki Commission Chairman Senator Ben Nighthorse Campbell (R-CO), Commissioners Rep. Benjamin L. Cardin (D-MD), and Rep. Robert B. Aderholt (R-AL) heard from four witnesses: A. Elizabeth Jones, Assistant Secretary of State for European Affairs; Lorne W. Craner, Assistant Secretary of State for Democracy, Human Rights, and Labor (who has since been formally appointed by the President as one of the three executive-branch Commissioners); Ambassador Robert Barry, former Head of OSCE Mission to Bosnia-Herzegovina; and P. Terrence Hopmann, professor of political science at Brown University and research director of the Program on Global Security at the Thomas J. Watson Jr. Institute for International Studies. Catherine Fitzpatrick, Executive Director of the International League for Human Rights, had agreed to participate in the hearing as originally scheduled for September 12, but was unable to attend on October 3. In her prepared statement, Assistant Secretary Jones described the OSCE as an important tool for advancing U.S. national interests “by promoting democracy, respect for human rights and fundamental freedoms, arms control and confidence building measures, economic progress, and responsible or sustainable environmental policies.” While portraying the OSCE as “the primary instrument for early warning, conflict prevention, crisis management, and post-conflict rehabilitation in [the] region,” she also argued that “it is not the forum for discussion or decision regarding all security issues” – a role implicitly reserved for NATO. Jones alluded to a possible role for the OSCE in combating terrorism, an issue that will be taken up at the OSCE Ministerial, scheduled for December 3 and 4 in Bucharest. In this connection, Chairman Campbell urged the State Department to pursue an OSCE meeting of Ministers of Justice and Interior as a step toward promoting practical cooperation in fighting corruption and organized crimes, major sources of financing for terrorist groups. Assistant Secretary Craner tackled an issue of key concern to human rights groups: would the war against terrorism erode efforts to promote democracy and human rights, particularly with respect to Central Asian countries that are now key U.S. allies in that war? Craner observed that “[s]ome people have expressed concern that, as a result of the September 11 attack on America, the Administration will abandon human rights. I welcome this hearing today to say boldly and firmly that this is not the case. Human rights and democracy are central to this Administration’s efforts, and are even more essential today than they were before September 11th. They remain in our national interest in promoting a stable and democratic world. We cannot win a war against terrorism by stopping our work on the universal observance of human rights. To do so would be merely to set the stage for a resurgence of terrorism in another generation.” The testimony of the two expert witnesses, Professor Hopmann and Ambassador Barry, examined the operational side of the OSCE, with particular focus on the field work of the institution. Hopmann, one of a small number of analysts in the United States who has written in depth about the work of the OSCE and who served as a public member on the U.S. Delegation to the OSCE Review Conference in Istanbul in 1999, offered several specific recommendations: 1) enhance the professional qualifications and training of its mission and support staff; 2) strengthen its capacity to mediate serious conflicts that appear to be on the brink of violence or that have become frozen in the aftermath of violence, including making better use of ‘eminent persons’ to assist these efforts; and 3) attract more active support from its major participating States, especially from the United States, to strengthen the OSCE's capacity to intervene early in potentially violent conflicts when diplomacy still has a chance to win out over force. Ambassador Barry drew on his experience as head of one of the OSCE’s largest missions to address the complex issue of the OSCE’s relations with other international organizations. Barry asserted that OSCE has, at times, “bitten off more than it can chew” and the United States needs to exercise discretion in assigning tasks to the OSCE. When asked specifically to describe the relationship between the OSCE and the Council of Europe, he characterized it as “permanent struggle.” He suggested that the two organizations should not compete with other, but play to their relative strengths: the OSCE, for example, should be dominant in field missions, while the Council of Europe should be given the lead in providing expert advice on legislative drafting. One area where the OSCE is underutilized is in the area of policing – the focus of a Commission hearing held on September 5, 2001. Barry remarked, “Last month several witnesses testified before the Commission concerning the OSCE role in police training and executive policing. With its requirement of universality, the [United Nations] must call upon police who are unable or unwilling to deal with terrorism or human rights violations at home. We cannot expect them to be much help, for example, in dealing with mujahedin fighters in Bosnia or Macedonia. Therefore I believe the OSCE ought to be the instrument of choice for both police training and executive policing. In order to fill the latter role the OSCE should change its policy on arming executive police. Unarmed international police have no leverage in societies where every taxi driver packs a gun.” Barry also argued that the United States needs to involve the Russian Federation more closely with OSCE. “Too often in the past,” he said, “we have marginalized Russia by making decisions in NATO and then asking OSCE to implement the decisions. Macedonia is only the most recent example.” Many of the questions raised by Commissioners focused on institutional issues such as the transparency of the weekly Permanent Council meetings in Vienna, the respective roles of the Chair-in-Office and Secretary General and pressure to enlarge the OSCE’s bureaucracy by establishing new high-level positions to address whatever is, at the moment, topical. State Department witnesses were asked several questions relating to specific countries where human rights issues are of particular concern, including Turkmenistan, a country whose human rights performance is so poor that some have suggested it should be suspended from the OSCE, and Azerbaijan, a country engaged in a significant crackdown against the media. Assistant Secretary Jones argued that, when faced with an absence of political will to implement OSCE human dimension commitments, it is necessary to “persevere” and to hold OSCE participating States accountable for their actions. Noting that the death penalty is the human rights issue most frequently raised with the United States, Commissioner Cardin asked Assistant Secretary Craner how the United States responds to this criticism and whether the use of capital punishment in the United States impacts our effectiveness. Craner noted that the death penalty in the United States is supported by the majority of Americans, in a democratic system, and that the quality of the U.S. judicial system ensures its fairness. He also argued that it does not affect the credibility of the United States on human rights issues. Professor Hopmann, however, disagreed with this assertion. Based on extensive contacts with European delegates to the OSCE in Vienna, Hopmann observed that Europeans find it difficult to reconcile the U.S. advocacy on human rights issues with a practice Europeans view as a human rights violation. Chairman Campbell recommended that similar hearings be convened on a periodic basis to update Congress and the American people on the ongoing work of the OSCE and how it advances U.S. interests across the spectrum of the security, economic, and human dimensions.

  • Roadblock to Religious Liberty: Religious Registration

    The United States Helsinki Commission conducted a public briefing to explore the issue of religious registration, one of many roadblocks to religious liberties around the world, focusing on religious registration among the 55 nations of the Organization for Security and Cooperation in Europe. The troubling trend followed by several OSCE participating states toward restricting the right to freedom of religion by using registration schemes, making it virtually impossible for citizens to practice their faith was addressed. Panelists at the event – including Dr. Sophie van Bijsterveld, Co-Chair of the OSCE/ODIHR Advisory Panel of Experts on Freedom of Religion or Belief; Dr. Gerhard Robbers, Member of the OSCE/ODIHR Advisory Panel of Experts on Freedom of Religion or Belief; Vassilios Tsirbas, Senior Counsel for the European Centre for Law and Justice; and Col. Kenneth Baillie, Commanding Officer of the Salvation Army-Moscow – discussed the various ways governments are chipping away at religious liberty. New legislation concerning religious registration policies that could potentially stymie religious freedom within the OSCE region was also addressed.

  • Civilian Police and Police Training in Post-Conflict OSCE Areas

    This hearing examined international efforts to deploy civilian police in post-conflict regions in Europe. The hearing also examined efforts to monitor and train local police for effectiveness in keeping with democratic standards and the rule of law. One of the more critical and difficult challenges in the transition to democracy in the OSCE region has been the process of transforming law enforcement structures. Progress in meeting this challenge has been mixed, and regrettably, in some countries those charged with upholding the law are themselves responsible for human rights violations

  • Helsinki Commissioners Play Key Role at OSCE Parliamentary Assembly

    Leaders and Members of the United States Helsinki Commission played a key role as part of the U.S. delegation to the Tenth Annual Parliamentary Assembly of the Organization for Security and Cooperation in Europe hosted by the French National Assembly July 6-10, 2001. The U.S. delegation successfully promoted measures to improve the conditions of human rights, security and economic development throughout Europe. Commission Chairman Senator Ben Nighthorse Campbell (R-CO) and Co-Chairman Rep. Christopher H. Smith (R-NJ) led eight of their Commission colleagues and five other Representatives on the delegation, the largest of any nation participating in the 2001 Assembly. The size of the 15-Member U.S. delegation was a demonstration of the continued commitment by the United States, and the U.S. Congress, to Europe. Commission Members from the Senate participating in the Assembly were Senator Kay Bailey Hutchison (R-TX) and Senator George V. Voinovich (R-OH). Commission Members from the House of Representatives included Rep. Steny H. Hoyer (D-MD), Rep. Joseph R. Pitts (R-PA), Rep. Benjamin L. Cardin (D-MD), Rep. Zach Wamp (R-TN),Rep. Louise McIntosh Slaughter (D-NY) and Rep. Alcee L. Hastings (D-FL). Other delegates from the House of Representatives were Rep. Michael McNulty (D-NY), Rep. Peter King (R-NY), Rep. Ed Bryant (R-TN), Rep. Joseph Hoeffel (D-NY) and Rep. Tom Tancredo (R-CO). The central theme of OSCE PA´s Tenth Annual Session was "European Security and Conflict Prevention: Challenges to the OSCE in the 21st Century." This year's Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States, including the first delegation from the Federal Republic of Yugoslavia following Belgrade's suspension from the OSCE process in 1992. Seven countries, including the Russian Federation and the Federal Republic of Yugoslavia, were represented at the level of Speaker of Parliament or President of the Senate. Following a decision made earlier in the year, the Assembly withheld recognition of the pro-Lukashenka National Assembly given serious irregularities in Belarus' 2000 parliamentary elections. In light of the expiration of the mandate of the democratically-elected 13th Supreme Soviet, no delegation from the Republic of Belarus was seated. The inaugural ceremony included welcoming addresses by the OSCE PA President Adrian Severin, Speaker of the National Assembly Raymond Forni, and the Speaker of the Senate Christian Poncelet. The French Minister of Foreign Affairs, Hubert Védrine also addressed delegates during the opening plenary. The OSCE Chairman-in-Office, Romanian Foreign Minister Mircea Geoana, presented remarks and responded to questions from the floor. Other senior OSCE officials also made presentations, including the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the OSCE Office for Democratic Institutions and Human Rights. The 2001 OSCE PA Prize for Journalism and Democracy was presented to the widows of the murdered journalists José Luis López de Lacalle of Spain and Georgiy Gongadze of Ukraine. The Spanish and Ukrainian journalists were posthumously awarded the prize for their outstanding work in furthering OSCE values. Members of the U.S. delegation played a leading role in debate in each of the Assembly's three General Committees - Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. Resolutions sponsored by Commissioners on the U.S. delegation served as the focal point for discussion on such timely topics as "Combating Corruption and International Crime in the OSCE Region," by Chairman Campbell; "Southeastern Europe," by Senator Voinovich; "Prevention of Torture, Abuse, Extortion or Other Unlawful Acts" and "Combating Trafficking in Human Beings," by Co-Chairman Smith; "Freedom of the Media," by Mr. Hoyer; and "Developments in the North Caucasus," by Mr. Cardin. Senator Hutchison played a particularly active role in debate over the Anti-Ballistic Missile Treaty in the General Committee on Political Affairs and Security, chaired by Mr. Hastings, which focused on the European Security and Defense Initiative. An amendment Chairman Campbell introduced in the General Committee on Economic Affairs, Science, Technology and Environment on promoting social, educational and economic opportunity for indigenous peoples won overwhelming approval, making it the first ever such reference to be included in an OSCE PA declaration. Other U.S. amendments focused on property restitution laws, sponsored by Mr. Cardin, and adoption of comprehensive non-discrimination laws, sponsored by Mr. Hoyer. Chairman Campbell sponsored a resolution calling for lawmakers to enact specific legislation designed to combat international crime and corruption. The resolution also urged the OSCE Ministerial Council, expected to meet in the Romanian capital of Bucharest this December, to consider practical means of promoting cooperation among the participating States in combating corruption and international crime. Co-Chairman Smith sponsored the two resolutions at the Parliamentary Assembly. Smith's anti-torture resolution called on participating States to exclude in courts of law or legal proceedings evidence obtained through the use of torture or other forms of cruel, inhuman or degrading treatment. Smith also worked with the French delegation to promote a measure against human trafficking in the OSCE region. Amendments by members of the U.S. delegation on the General Committee on Democracy, Human Rights and Humanitarian Questions focused on the plight of Roma, Mr. Smith; citizenship, Mr. Hoyer; and Nazi-era compensation and restitution, and religious liberty, Mrs. Slaughter. The Parliamentary Assembly adopted a resolution sponsored by Mr. Hoyer which called on all OSCE States to ensure freedom of speech and freedom of the press in their societies. Hoyer said an open, vibrant and pluralistic media is the cornerstone of democracy. He noted that free press is under attack in some OSCE countries. Senator Voinovich sponsored a comprehensive resolution promoting greater stability in Southeast Europe. Senator Voinovich's resolution pushed for a political solution to the violence and instability which has engrossed Southeastern Europe. Mrs. Slaughter successfully sought measures toward protecting religious liberties and recognizing the importance of property restitution. An amendment noted that OSCE participating States have committed to respecting fundamental religious freedoms. Another amendment recognized that attempts to secure compensation and restitution for losses perpetrated by the Nazis can only deliver a measure of justice to victims and their heirs. Mr. Cardin sponsored a resolution on the North Caucasus region of the Russian Federation which denounced the excessive force used by Russian military personnel against civilians in Chechnya. The resolution condemns all forms of terrorism committed by the Russian military and Chechen fighters. One of Cardin's amendments addressed the restitution of property seized by the Nazis and Communists during and after World War II. Mr. Hastings was elected to a three-year term as one of nine Vice Presidents of the Parliamentary Assembly. Mr. Hastings most recently served as Chairman of the Assembly's General Committee on Political Affairs and Security. U.S. participants also took part in debate on the abolition of the death penalty, an issue raised repeatedly during the Assembly and in discussions on the margins of the meeting. The Paris Declaration of the OSCE Parliamentary Assembly is available on the Internet at http://www.osce.org/pa. While in Paris, members of the delegation held a series of meetings, including bilateral sessions with representatives from the Russian Federation, the Federal Republic of Yugoslavia, the United Kingdom, and Kazakhstan. Members also met with the President of the French National Assembly to discuss diverse issues in U.S.-French relations including military security, agricultural trade, human rights and the death penalty. During a meeting with Romanian Foreign Minister Mircea Geoana, Members discussed the United States' proposal of a strategic defense initiative, policing in the former Yugoslavia, and international adoption policy. Members also attended a briefing by legal experts on developments affecting religious liberties in Europe. A session with representatives of American businesses operating in France and elsewhere in Europe gave members insight into the challenges of today's global economy. Elections for officers of the Assembly were held during the final plenary. Mr. Adrian Severin of Romania was re-elected President. Senator Jerahmiel Graftstein of Canada was elected Treasurer. Three of the Assembly's nine Vice-Presidents were elected to three-year terms: Rep. Alcee Hastings (USA), Kimmo Kiljunen (Finland), and Ahmet Tan (Turkey). The Assembly's Standing Committee agreed that the Eleventh Annual Session of the OSCE Parliamentary Assembly will be held next July in Berlin, Germany. En route to Paris, the delegation traveled to Normandy for a briefing by United States Air Force General Joseph W. Ralston, Commander in Chief of the U.S. European Command and Supreme Allied Commander Europe. General Ralston briefed the delegation on security developments in Europe, including developments in Macedonia, Kosovo and Bosnia-Herzegovina, as well as cooperation with the International Criminal Tribunal for the former Yugoslavia. At the Normandy American Cemetery, members of the delegation participated in ceremonies honoring Americans killed in D-Day operations. Maintained by the American Battle Monuments Commission, the cemetery is the final resting place for 9,386 American service men and women and honors the memory of the 1,557 missing. The delegation also visited the Pointe du Hoc Monument honoring elements of the 2nd Ranger Battalion. 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 Commissioners Play Key Role in United States Delegation to the OSCE Parliamentary Assembly

    Leaders and Members of the United States Helsinki Commission played a key role as part of the U.S. delegation to the Tenth Annual Parliamentary Assembly of the Organization for Security and Cooperation in Europe hosted by the French National Assembly July 6-10, 2001. The U.S. delegation successfully promoted measures to improve the conditions of human rights, security and economic development throughout Europe. Commission Chairman Senator Ben Nighthorse Campbell (R-CO) and Co-Chairman Rep. Christopher H. Smith (R-NJ) led eight of their Commission colleagues and five other Representatives on the delegation, the largest of any nation participating in the 2001 Assembly. The size of the 15-Member U.S. delegation was a demonstration of the continued commitment by the United States, and the U.S. Congress, to Europe. Commission Members from the Senate participating in the Assembly were Senator Kay Bailey Hutchison (R-TX) and Senator George V. Voinovich (R-OH). Commission Members from the House of Representatives included Rep. Steny H. Hoyer (D-MD), Rep. Joseph R. Pitts (R-PA), Rep. Benjamin L. Cardin (D-MD), Rep. Zach Wamp (R-TN),Rep. Louise McIntosh Slaughter (D-NY) and Rep. Alcee L. Hastings (D-FL). Other delegates from the House of Representatives were Rep. Michael McNulty (D-NY), Rep. Peter King (R-NY), Rep. Ed Bryant (R-TN), Rep. Joseph Hoeffel (D-NY) and Rep. Tom Tancredo (R-CO). The central theme of OSCE PA´s Tenth Annual Session was "European Security and Conflict Prevention: Challenges to the OSCE in the 21st Century." This year's Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States, including the first delegation from the Federal Republic of Yugoslavia following Belgrade's suspension from the OSCE process in 1992. Seven countries, including the Russian Federation and the Federal Republic of Yugoslavia, were represented at the level of Speaker of Parliament or President of the Senate. Following a decision made earlier in the year, the Assembly withheld recognition of the pro-Lukashenka National Assembly given serious irregularities in Belarus' 2000 parliamentary elections. In light of the expiration of the mandate of the democratically-elected 13th Supreme Soviet, no delegation from the Republic of Belarus was seated. The inaugural ceremony included welcoming addresses by the OSCE PA President Adrian Severin, Speaker of the National Assembly Raymond Forni, and the Speaker of the Senate Christian Poncelet. The French Minister of Foreign Affairs, Hubert Védrine also addressed delegates during the opening plenary. The OSCE Chairman-in-Office, Romanian Foreign Minister Mircea Geoana, presented remarks and responded to questions from the floor. Other senior OSCE officials also made presentations, including the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the OSCE Office for Democratic Institutions and Human Rights. The 2001 OSCE PA Prize for Journalism and Democracy was presented to the widows of the murdered journalists José Luis López de Lacalle of Spain and Georgiy Gongadze of Ukraine. The Spanish and Ukrainian journalists were posthumously awarded the prize for their outstanding work in furthering OSCE values. Members of the U.S. delegation played a leading role in debate in each of the Assembly's three General Committees - Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. Resolutions sponsored by Commissioners on the U.S. delegation served as the focal point for discussion on such timely topics as "Combating Corruption and International Crime in the OSCE Region," by Chairman Campbell; "Southeastern Europe," by Senator Voinovich; "Prevention of Torture, Abuse, Extortion or Other Unlawful Acts" and "Combating Trafficking in Human Beings," by Co-Chairman Smith; "Freedom of the Media," by Mr. Hoyer; and "Developments in the North Caucasus," by Mr. Cardin. Senator Hutchison played a particularly active role in debate over the Anti-Ballistic Missile Treaty in the General Committee on Political Affairs and Security, chaired by Mr. Hastings, which focused on the European Security and Defense Initiative. An amendment Chairman Campbell introduced in the General Committee on Economic Affairs, Science, Technology and Environment on promoting social, educational and economic opportunity for indigenous peoples won overwhelming approval, making it the first ever such reference to be included in an OSCE PA declaration. Other U.S. amendments focused on property restitution laws, sponsored by Mr. Cardin, and adoption of comprehensive non-discrimination laws, sponsored by Mr. Hoyer. Chairman Campbell sponsored a resolution calling for lawmakers to enact specific legislation designed to combat international crime and corruption. The resolution also urged the OSCE Ministerial Council, expected to meet in the Romanian capital of Bucharest this December, to consider practical means of promoting cooperation among the participating States in combating corruption and international crime. Co-Chairman Smith sponsored the two resolutions at the Parliamentary Assembly. Smith's anti-torture resolution called on participating States to exclude in courts of law or legal proceedings evidence obtained through the use of torture or other forms of cruel, inhuman or degrading treatment. Smith also worked with the French delegation to promote a measure against human trafficking in the OSCE region. Amendments by members of the U.S. delegation on the General Committee on Democracy, Human Rights and Humanitarian Questions focused on the plight of Roma, Mr. Smith; citizenship, Mr. Hoyer; and Nazi-era compensation and restitution, and religious liberty, Mrs. Slaughter. The Parliamentary Assembly adopted a resolution sponsored by Mr. Hoyer which called on all OSCE States to ensure freedom of speech and freedom of the press in their societies. Hoyer said an open, vibrant and pluralistic media is the cornerstone of democracy. He noted that free press is under attack in some OSCE countries. Senator Voinovich sponsored a comprehensive resolution promoting greater stability in Southeast Europe. Senator Voinovich's resolution pushed for a political solution to the violence and instability which has engrossed Southeastern Europe. Mrs. Slaughter successfully sought measures toward protecting religious liberties and recognizing the importance of property restitution. An amendment noted that OSCE participating States have committed to respecting fundamental religious freedoms. Another amendment recognized that attempts to secure compensation and restitution for losses perpetrated by the Nazis can only deliver a measure of justice to victims and their heirs. Mr. Cardin sponsored a resolution on the North Caucasus region of the Russian Federation which denounced the excessive force used by Russian military personnel against civilians in Chechnya. The resolution condemns all forms of terrorism committed by the Russian military and Chechen fighters. One of Cardin's amendments addressed the restitution of property seized by the Nazis and Communists during and after World War II. Mr. Hastings was elected to a three-year term as one of nine Vice Presidents of the Parliamentary Assembly. Mr. Hastings most recently served as Chairman of the Assembly's General Committee on Political Affairs and Security. U.S. participants also took part in debate on the abolition of the death penalty, an issue raised repeatedly during the Assembly and in discussions on the margins of the meeting. While in Paris, members of the delegation held a series of meetings, including bilateral sessions with representatives from the Russian Federation, the Federal Republic of Yugoslavia, the United Kingdom, and Kazakhstan. Members also met with the President of the French National Assembly to discuss diverse issues in U.S.-French relations including military security, agricultural trade, human rights and the death penalty. During a meeting with Romanian Foreign Minister Mircea Geoana, Members discussed the United States' proposal of a strategic defense initiative, policing in the former Yugoslavia, and international adoption policy. Members also attended a briefing by legal experts on developments affecting religious liberties in Europe. A session with representatives of American businesses operating in France and elsewhere in Europe gave members insight into the challenges of today's global economy. Elections for officers of the Assembly were held during the final plenary. Mr. Adrian Severin of Romania was re-elected President. Senator Jerahmiel Graftstein of Canada was elected Treasurer. Three of the Assembly's nine Vice-Presidents were elected to three-year terms: Rep. Alcee Hastings (USA), Kimmo Kiljunen (Finland), and Ahmet Tan (Turkey). The Assembly's Standing Committee agreed that the Eleventh Annual Session of the OSCE Parliamentary Assembly will be held next July in Berlin, Germany. En route to Paris, the delegation traveled to Normandy for a briefing by United States Air Force General Joseph W. Ralston, Commander in Chief of the U.S. European Command and Supreme Allied Commander Europe. General Ralston briefed the delegation on security developments in Europe, including developments in Macedonia, Kosovo and Bosnia-Herzegovina, as well as cooperation with the International Criminal Tribunal for the former Yugoslavia. At the Normandy American Cemetery, members of the delegation participated in ceremonies honoring Americans killed in D-Day operations. Maintained by the American Battle Monuments Commission, the cemetery is the final resting place for 9,386 American service men and women and honors the memory of the 1,557 missing. The delegation also visited the Pointe du Hoc Monument honoring elements of the 2nd Ranger Battalion.

  • Amendment on Yugoslavia War Criminals

    Mr. Chairman, I make a point of order that the language on page 107, lines 11 through 17, is not in order because it violates clause 2 of rule XXI of the House rules which prohibits legislation on an appropriations bill. The CHAIRMAN. Does the gentleman from Arizona (Mr. KOLBE) wish to be heard on the point of order? Mr. KOLBE. No, Mr. Chairman. The CHAIRMAN. The Chair finds that this provision directly amends existing law. The provision therefore constitutes legislation in violation of clause 2 of rule XXI. The point of order is sustained, and section 577 is stricken from the bill. The Clerk will read. The Clerk read as follows: WAR CRIMINALS SEC. 578. (a) None of the funds appropriated or otherwise made available pursuant to this Act may be made available for assistance, with the exception of humanitarian assistance and assistance for democratization, to any country, entity or municipality whose competent authorities have failed, as determined by the Secretary of State, to take necessary and significant steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the Former Yugoslavia (the ``Tribunal'') all persons in their territory who have been publicly indicted by the Tribunal. (b) The provisions of subsection (a) shall apply unless the Secretary of State determines and reports to the appropriate committees of the Congress that the competent authorities of such country, entity, or municipality are-- (1) cooperating with the Tribunal, including access for investigators, the provision of documents, and the surrender and transfer of publicly indicted indictees or assistance in their apprehension; and (2) taking steps that are consistent with the Dayton Accords. (c) The Secretary of State may waive the application of subsection (a) with respect to a country, entity, or municipality upon a written determination to the Committees on Appropriations of the House of Representatives and the Senate that provision of assistance that would otherwise be prohibited by that subsection is in the national interest of the United States. AMENDMENT NO. 8 OFFERED BY MR. SMITH OF NEW JERSEY Mr. SMITH of New Jersey. Mr. Chairman, I offer an amendment on behalf of the gentleman from Maryland (Mr. CARDIN) and myself. The CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 8 offered by Mr. SMITH of New Jersey: Page 108, after line 20, insert the following: SENSE OF THE CONGRESS RELATING TO COOPERATION WITH THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA SEC. 579. (a) FINDINGS.--The Congress finds as follows: (1) All member states of the United Nations have the legal obligation to cooperate fully with the International Criminal Tribunal for the Former Yugoslavia. (2) All parties to the General Framework Agreement for Peace in Bosnia and Herzegovina have the legal obligation to cooperate fully with the Tribunal in pending cases and investigations. (3) The United States Congress continues to insist, as a condition for the receipt of foreign assistance, that all governments in the region cooperate fully with the Tribunal in pending cases and investigations. (4) The United States Congress strongly supports the efforts of the Tribunal to bring those responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia to justice. (5) Those authorities in Serbia and the Federal Republic of Yugoslavia responsible for the transfer of Slobodan Milosevic to the Tribunal at The Hague are congratulated. (6) The governments of Croatia and Bosnia are congratulated for their cooperation with the Tribunal, particularly regarding the transfer of indictees to the Tribunal. (7) At least 30 persons who have been indicted by the Tribunal remain at large, especially in the Republika Srpska entity of Bosnia-Herzegovina, including but not limited to Radovan Karadzic and Ratko Mladic. (8) The Parliamentary Assembly of the Organization for Security and Cooperation in Europe recently adopted a resolution that emphasizes the importance of cooperation by member states with the Tribunal. (b) SENSE OF CONGRESS.--It is the sense of Congress that: (1) All governments, entities, and municipalities in the region, including but not limited to the Federal Republic of Yugoslavia , Serbia, and the Republika Srpska entity of Bosnia and Herzegovina, are strongly encouraged to cooperate fully and unreservedly with the International Criminal Tribunal for the Former Yugoslavia in pending cases and investigations. (2) All governments, entities, and municipalities in the region should cooperate fully and unreservedly with the Tribunal, including (but not limited to) through-- (A) the immediate arrest, surrender, and transfer of all persons who have been indicted by the Tribunal but remain at large in the territory which they control; and (B) full and direct access to Tribunal investigators to requested documents, archives, witnesses, mass grave sites, and any officials where necessary for the investigation and prosecution of crimes under the Tribunal's jurisdiction. The CHAIRMAN. Pursuant to the order of the House today, the gentleman from New Jersey (Mr. SMITH) and a Member opposed each will control 10 minutes. Mr. KOLBE. Mr. Chairman, I claim the time in opposition, and I reserve a point of order against this amendment. The CHAIRMAN. The gentleman from Arizona (Mr. KOLBE) reserves a point of order, and will be recognized on the amendment. The Chair recognizes the gentleman from New Jersey (Mr. SMITH) for 10 minutes. Mr. SMITH of New Jersey. Mr. Chairman, I yield myself such time as I may consume. This amendment, Mr. Chairman, underscores our resolve to bring to justice those responsible for war crimes, crimes against humanity, and genocide. Sometimes some people wonder if it is really worth introducing this complex and complicating factor called justice into U.S. policy toward the region. Justice may be nice, they argue, but regional stability is what is really needed in the Balkans. Insisting on the prosecution of war crimes, they continue, certainly does not help in this regard, and if our European allies are not pushing this, why should we? Mr. Chairman, in response, I ask that my colleagues make sure that time has not faded the horrific images of the Yugoslav conflict, images of prisoners interred in camps like Omarska, the mass graves of Vukovar, Srebrenica, and in recent weeks those uncovered in Serbia itself. I would just say parenthetically on a trip the gentleman from Virginia (Mr. WOLF) and I made in the early months of the war against Croatia, we went to Osijek and Vukovar. We were there when it was surrounded by Serbian military snipers. There were MiGs flying overhead. We met with people inside of wine cellars who would not come out because every day snipers were just picking off innocent civilians, killing these people as they walked down the street, as they leveled one block after another. The people who were in Vukovar Hospital, soon after we left, just months after we left when that city under siege was overtaken, were literally taken out and killed in a terrible, a horrible way, just shot and put into a mass grave. So I would respectfully submit that we must remember those frightened, innocent peasants who we all saw the images of day in and day out on CNN fleeing over mountain passes with whatever they could carry. There were stories of snipers in Vukovar, in Sarajevo, in Mostar, in other cities, shooting anybody that crossed the street; or the militants lobbing shells at schools or kids who wrongfully hoped it would be safe enough to do a little sleigh riding in their hilly neighborhoods. It is virtually impossible for us, I would submit, to comprehend what it is like for these people who did nothing wrong, who posed no threat to anyone, to have encountered such hostility and such hatred. We must never forget nor should we ever stop seeking justice for those who fled, for those who were tortured, for those who were raped repeatedly. We had hearings, Mr. Chairman. The gentleman might recall in the Helsinki Commissions we brought in rape victims who, as a matter of state policy, the Serbian government and the Bosnian Serbs were trying to make an example of these women to break the back of those people in Serbia, in Bosnia. It was horrible to see the blank faces and the vacant look in their eyes, the look of pain, as they came forward to tell of their stories. We must put ourselves in their shoes as we consider this amendment. We must stand there on the edge of that ditch and try to ponder the notion that these drunken people had their rifles pointed at their backs, and those sons and daughters and fathers and everyone else were killed. There needs to be an accounting. We must remember that these culprits of these horrific crimes are today living their lives at large, mostly in the Republic of Srpska, and in Serbia as well. As a matter of fact, a history of ancient hatreds is really a myth. They like to throw that out, that somehow this was just all of these animosities, generation after generation. Nothing was inevitable. This did not have to happen. Those responsible for this carnage need to be held to account, people like Karadzic, Mladic, and some 30 others who have already been indicted by the tribunal who are walking the streets free today. They need to be held to account. Mr. Chairman, I offer this amendment. I know the chairman may raise a point of order. It does express our collective concerns as Democrats, Republicans, and Independents in favor of going forward and being as aggressive and attentive as we can be. As I said at the outset, time should not fade these memories. As we learned from the Holocaust and the atrocities of Nazis, we hunt down until we bring to justice those who have committed these horrible acts. Mrs. LOWEY. Mr. Chairman, I move to strike the last word. As the gentleman knows, we worked together to craft appropriate language regarding aid to Yugoslavia and its cooperation with the War Crimes Tribunal. The bill carries similar language to the fiscal year 2001 bill. It allows assistance to Serbia until March 30, 2002, at which time the Secretary of State must certify that Serbia is cooperating with the Tribunal, taking steps consistent with the Dayton Accords to limit financial cooperation with the Republic of Srpska, and is respecting minority rights. The bill also carries separate language requiring that all countries cooperate with the international criminal tribunal or face penalties. We arrived at this language through negotiations with the chairman, and it enjoys the support of most members of the committee. I understand and agree with the concerns addressed in the gentleman's amendment, and I am happy that the language included reflects many of those concerns. I am pleased to note that soon after our subcommittee marked up this bill former President Milosevic was turned over to the Tribunal. Despite this historic event, I strongly support retaining this language. It recognizes the simple fact that many war criminals remain at large and that our assistance should continue to be conditioned to a great degree on continued cooperation with the Tribunal. I thank the gentleman for his leadership on this issue. Mr. Chairman, I yield back the balance of my time. Mr. KOLBE. Mr. Chairman, I continue to reserve a point of order on this amendment, and I yield myself such time as I may consume. Mr. Chairman, let me just say about this issue, I understand the concerns that people have, and it is one that I share. We want to make sure that war criminals are brought to justice. We want to make sure that we move in Serbia to help develop democracy in that region. These are not mutually exclusive, by any means. But sometimes the orbits may come into conflict. We have two provisions in our bill relating to war criminals. Section 582 is a variation of last year's provision affecting Serbia. Section 578 is a streamlined replacement for the so-called Lautenberg Amendment that applies to all countries in the Balkans. That language, and I was just reading it the other day, it is pages and pages and pages in the bill that was so complicated it was just routinely waived. The committee recommendation this year I think is much more straightforward. Regarding Serbia, last year's language prohibited most assistance to Serbia after March 31 of 2001 unless the President can certify, among other things, that Yugoslavia was cooperating with the War Crimes Tribunal in The Hague. Such a certification was made last year. We have received requests to continue and even to strengthen the language this year. Our recommendation continues the language largely unchanged from last year. I am not enthusiastic about doing that. We need to help the people of Serbia and the reformers in that country and the long struggle they have been facing to reform their society. Punishing them for not fulfilling every aspect of The Hague Tribunal's directives may not, and I think is not, positive in the long run. We want to help the democratic governments in the Balkans. We are not trying to hurt them. We are not trying to stunt their democratic growth. The Hague Tribunal is part of an effort to promote democratic governments. We cannot sacrifice the future of democratic governments to the procedural niceties, however, of the tribunal. They need to work together. They need to go hand in hand. The tribunal needs to do its stuff, but the countries are not always going to find it possible to comply with every single thing that the tribunal might ask them. But I think it is worth noting, as every Member of this body is well aware, that President Milosevic, the key war criminal we were insisting that Serbia send to the tribunal, has been sent to The Hague. That has caused an enormous political difficulty for the government in Serbia. Let us not underestimate the great difficulties the Serbian Government, both at the provincial level as well as at the national, the federation level, has had in dealing with this problem. We also recognize that Croatia needs to send additional war criminals to The Hague. By bowing to international pressures, particularly pressure from the United States, the new democratic governments in the regions are facing tremendous risks, as we have been seeing with the political upheaval that has followed the transfer of President Milosevic to The Hague. So in our strong desire to have full compliance with the tribunal, I hope we do not end up hurting the very governments that we are trying to help. So for that reason, I think this is bad legislation, a bad approach to the problem. Mr. Chairman, I continue to reserve the balance of my time and also the point of order. Mr. SMITH of New Jersey. Mr. Chairman, I yield myself 2 minutes, just to respond briefly. And I know a point of order is lodged against this, or will be shortly, but the language really does focus on all governments, entities, and municipalities in the region. And, frankly, when we have a sense of impunity, and I know Kostunica and others are trying to do their part to try to rein in. While I was in Paris, at the OSCE parliamentary assembly, we had a very, very meaningful, as did other members of our delegation, meeting with the speaker of the parliament in Serbia. And I believe they really are serious about trying to rein in on the impunity that unfortunately was the modus operandi of Serbia for so long and the Republic of Yugoslavia. This language tries to say we are on your side, we want to help rid, or at least get to justice, those people who have committed these terrible crimes, because they intimidate their own people. On day two of the bombing, one of the people who had come to our Helsinki Commission and had testified on behalf of free media, at a time when Milosevic had shut down S92, and other independent media, he was murdered right after the bombing began. He was shot dead gangland-style by the thugs of Slobodan Milosevic. Some of those same people are still walking the streets. Otpor has come out, and they are naming names of police who have committed atrocities, putting themselves at considerable risk. So it seems to me that the more we encourage those democratic forces, and this is sense of the Congress language granted, the quicker they will get to a free and hopefully a robust democracy. Let me just finally say, and I say to this my good friend the chairman, our hope is that we look very seriously at a police academy for the Republic of Yugoslavia. We met with General Ralston, our delegation, on our trip, and he made it very clear that the Kosovo Academy, which has now graduated some 4,000 police, really is the model for the region. It is the way we ought to be going. If we want to exit and pull out NATO troops, U.S. troops, we need to have on the ground the kind of stability and transparency that a properly trained police academy with an emphasis on human rights can bring. And it seems to me that Bosnia and the Republic of Srpska and, of course, the Republic of Yugoslavia could benefit greatly from it. So I ask the amendment be supported by my colleagues.

  • Twenty-Five Years of the Helsinki Commission

    Mr. Speaker, twenty-five years ago this month, on June 3, 1976, a law was enacted creating the Commission on Security and Cooperation in Europe. We know it as “the Helsinki Commission.” One of the smallest and most unique bodies in the U.S. Government, it perhaps ranks among the most effective for its size. I have been proud to be a member of the Commission for the past 16 years. When President Gerald Ford signed, in Helsinki in 1975, the Final Act of the Conference on Security and Cooperation in Europe, he said that “history will judge this Conference not by what we say here today, but by what we do tomorrow--not only by the promises we make, but by the promises we keep.” That piece of rhetoric has not only been repeated in various forms by every United States President since; it has continually served as a basis for U.S. policy toward Europe. Credit for this fact, and for the Commission's establishment, first goes to our late colleague here in the House, Millicent Fenwick, and the late-Senator Clifford Case, both of New Jersey. Observing the foundation of human rights groups in the Soviet Union and Eastern Europe to monitor and, it was hoped, to encourage their governments to keep the promises made in Helsinki, she and other Members of Congress felt it would be good to give them some signs of support.   Keep in mind, Mr. Speaker, that this was in the midst of detente with Moscow, a polite dance of otherwise antagonistic great powers. It was a time when the nuclear warhead was thought to be more powerful than the human spirit, and the pursuit of human rights in the communist world was not considered sufficiently realistic, except perhaps as a propaganda tool with which to woo a divided European continent and polarized world. The philosophy of the Commission was otherwise. Respect for human rights and fundamental freedoms is, as the Helsinki Final Act indicates, a prerequisite for true peace and true security. As such, it is also a principle guiding relations between states, a legitimate matter for discussion among them. This philosophy, broadened today to include democratic norms such as free and fair elections and respect for the rule of law, remains the basis for the Commission's work.   Of course, the Commission was not meant to be a place for mere debate on approaches to foreign policy; it had actually to insert itself into the policy-making process. The Commission Chairman for the first decade, the late Dante Fascell of Florida, fought hard to do just that. It was, I would say, a bipartisan fight, with several different Congresses taking on several different Administrations. Moreover, it was not just a fight for influence in policy-making; it was a much tougher fight for better policies. The Commission staff, led during those early years by R. Spencer Oliver, was superb in this respect. It knew the Soviet Union and Eastern Europe. It worked with non-governmental organizations to increase public diplomacy and, subsequently, public support for In 15 years at the East-West divide, the Commission also championed policies, like the Jackson-Vanik amendment, linking human rights to trade and other aspects of U.S. bilateral relationships. The concept of linkage has often been chastised by the foreign policy establishment, but it comes from the passion of our own country's democratic heritage and nature. With persistence and care, it ultimately proved successful for the United States and the countries concerned.   The Helsinki Commission also became the champion of engagement. Commission members did not simply speak out on human rights abuses; they also traveled to the Soviet Union and the communist countries of East-Central Europe, meeting dissidents and ``refuseniks'' and seeking to gain access to those in the prisons and prison camps. At first, the Commission was viewed as such a threat to the communist system that its existence would not be officially acknowledged, but Commissioners went anyway, in other congressional capacities until such time that barriers to the Commission were broken down. The Commission focus was on helping those who had first inspired the Commission's creation, namely the Helsinki and human rights monitors, who had soon been severely persecuted for assuming in the mid-1970s that they could act upon their rights. Ethnic rights, religious rights, movement, association and expression rights, all were under attack, and the Commission refused to give up its dedication to their defense. Eventually, the hard work paid off, and the beginning of my tenure with the Commission coincided with the first signs under Gorbachev that East-West divisions were finally coming to an end. Sharing the chairmanship with my Senate counterparts--first Alfonse D'Amato of New York and then Dennis DeConcini of Arizona--the Commission argued against easing the pressure at the time it was beginning to produce results.   We argued for the human rights counterpart of President Reagan's “zero option'' for arms control, in which not only the thousands of dissenters and prospective emigrants saw benefits. They were joined by millions of everyday people--workers, farmers, students--suddenly feeling more openness, real freedom, and an opportunity with democracy. Dissidents on whose behalf the Commission fought--while so many others were labeling them insignificant fringe elements in society--were now being released and becoming government leaders, people like Polish Foreign Minister Bronislaw Geremek and Czech President Vaclav Havel. The independence of the Baltic States, whose forced incorporation into the USSR was never officially recognized by the United States, was actually reestablished, followed by others wishing to act upon the Helsinki right to self-determination.   Of course, Mr. Speaker, those of us on the Commission knew that the fall of communism would give rise to new problems, namely the extreme nationalism which communism swept under the rug of repression rather than neutralized with democratic antiseptic. Still, none of us fully anticipated what was to come in the 1990s. It was a decade of democratic achievement, but it nevertheless witnessed the worst violations of Helsinki principles and provisions, including genocide in Bosnia-Herzegovina and brutal conflicts elsewhere in the Balkans as well as in Chechnya, the Caucuses and Central Asia, with hundreds of thousands innocent civilians killed and millions displaced. Again, it was the Commission which helped keep these tragedies on the U.S. foreign policy agenda, holding hearings, visiting war zones and advocating an appropriately active and decisive U.S. response. In the face of such serious matters, too many sought to blame history and even democracy, equated victim with aggressor and fecklessly abandoned the principles upon which Helsinki was based. Again the Commission, on a bipartisan basis in dialogue with different Administrations, took strong issue with such an approach. Moreover, with our distinguished colleague, Christopher Smith of New Jersey, taking his turn as Chairman during these tragic times, the Commission took on a new emphasis in seeking justice for victims, providing much needed humanitarian relief and supporting democratic movements in places like Serbia for the sake of long-term stability and the future of the people living there.   In this new decade, Mr. Speaker, the Commission has remained actively engaged on the issues of the time. Corruption and organized crime, trafficking of women and children into sexual slavery, new attacks on religious liberty and discrimination in society, particularly against Romani populations in Europe, present new challenges. Senator Ben Nighthorse Campbell of Colorado, the latest Commission Chairman, has kept the Commission current and relevant. In addition, there continue to be serious problem areas or widespread or systemic violations of OSCE standards in countries of the Balkans, Central Asia and the Caucuses, or reversals of the democratization process as in Belarus. The Commission was born in the Cold War, but its true mission--the struggle for human rights, democratic government and the rule of law--remains as important now as it was then. It remains an essential element for true security and stability in the world, as well as, to paraphrase Helsinki, for the free and full development of the individual person, from whose inherent dignity human rights ultimately derive.   To conclude, Mr. Speaker, I wish to erase any illusion I have given in my praise for the Helsinki Commission on its first quarter of a century that it had single-handedly vanquished the Soviet empire or stopped the genocidal policies of Slobodan Milosevic. No, this did not occur, and our own efforts pale in comparison to the courage and risk-taking of human rights activists in the countries concerned. But I would assert, Mr. Speaker, that the wheels of progress turn through the interaction of numerous cogs, and the Commission has been one of those cogs, maybe with some extra grease. The Commission certainly was the vehicle through which the United States Government was able to bring the will of the American people for morality and human rights into European diplomacy. To those who were in the Soviet gulag, or in Ceausescu's Romania as a recent acquaintance there relayed to me with much emotion, the fact that some Americans and others were out there, speaking on their behalf, gave them the will to survive those dark days, and to continue the struggle for freedom. Many of those voices were emanating in the non-governmental community, groups like Amnesty International, Freedom House and Human Rights Watch. Through the Helsinki Commission, the voice of the United States Congress was heard as well, and I know that all of my colleagues who have been on the Commission or worked with it are enormously proud of that fact.

  • Serbia after Milosevic: A Progress Report

    This Helsinki Commission briefing assessed the progress made in the five months since democratic forces came to power in Serbia following the December 2000 elections. The briefing evaluated conditions for bolstering democratic development, enhancing economic recovery, and maintaining long-term stability in Serbia and southeastern Europe as a whole. Witnesses testifying at the briefing – including Daniel Serwer, Director of the Balkans Initiative at the U.S. Institute of Peace; Sonja Biserko, Chair of the Serbian Helsinki Committee for Human Rights; Nina Bang-Jensen, Executive Director of the Coalition for International Justice; James M. Lyon, Political and Economic Analyst for the International Crisis Group; and Milan Protic, Yugoslav Ambassador to the United States  – focused in particular on Yugoslav cooperation with the International Criminal Tribunal for the former Yugoslavia in The Hague, Belgrade’s evolving stance toward Bosnia and other neighbors, and the effect of internal reform measures in correcting Milosevic abuses, including the continued imprisonment of hundreds of Kosovar Albanians in Serbia.

  • Serbia-Otpor Organization

    Mr. Speaker, a few weeks ago I had the opportunity to meet five representatives from the independent, non-governmental organization Otpor. “Otpor,” in Serbian, means ``resistance,'' and the organization was founded in the mid-1990s by students from Belgrade University and elsewhere in Serbia, who had enough of Slobodan Milosevic's choke-hold on the neck of Serbian society. Their efforts have forged a strong bond between idealism and realism. Otpor members engaged in passive resistance, never advocating violence nor returning the blows they received from the police and other thugs under Milosevic's control. Instead, they had a stronger determination and persistence. Fear would not keep them from putting up their posters, from wearing their black-and-white emblem of a clenched fist. Moreover, they kept their eye on the goal of a democratic and tolerant Serbia at peace with its neighbors and with itself. The organization appointed no specific leader, in a strategy to thwart any attempt to compromise the individual--they had learned the lesson from observing the many opposition politicians in Serbia who had been compromised. During the past two years, more than 1,500 Otpor activists, of about 50,000 based in over 10 Serbian cities, were arrested and interrogated by security forces under Milosevic's control. One of the five who visited my office had himself been arrested on 17 occasions.   Prior to the September 2000 elections, Otpor worked closely with the democratic political opposition, independent trade unions, NGOs and other youth groups to mobilize voters. Otpor's activists played a crucial role in the street demonstrations that began immediately following the elections and led to Milosevic's downfall. The impressive delegation of five Otpor activists visiting Washington included Slobodan Homen, Nenad Konstantinovic, Jovan Ratkovic, Jelena Urosevic and Robertino Knjur, all in their mid- to late-20s and very good English speakers. It is amazing to realize that they all grew up in the cruel, hateful and impoverished world Slobodan Milosevic had created for them in the 1990s. In the meeting, they provided one piece of very good news. One Otpor activist, Boris Karajcic, had testified in 1998 before the Helsinki Commission which I co-chair and was beaten up on the streets of Belgrade a few weeks later. Today, Boris is a member of the Serbian parliament. He is an active part of Serbia's future. Otpor itself will also be part of Serbia's future. While Milosevic is out of power, there is much to be done to recover from the nightmare he created.   First, they are investigating and compiling complaints about the police officers who brutalized them and other citizens of Serbia who opposed the regime, and they will seek to ensure that officers who seemed to take a particular delight in beating people for exercising their rights are held accountable. They want to see Milosevic himself arrested, both for his crimes in Serbia and the war crimes for which he faces an international indictment. The Otpor group also advocates the founding of a school of public administration, which does not exist in Serbia and is desperately needed as the government bureaucracies are swollen with Milosevic cronies who have no idea how to implement public policy. Along similar lines, they hope to begin an anti-corruption campaign. Finally, they pointed out that, with the fall of Milosevic, the united opposition now in power has no credible, democratic political opposition to it. Until Serbian politics develop further, they intend to serve some of that role, being a watchdog of the new leaders.   In conclusion, Mr. Speaker, the Otpor group with which I met has a track record of accomplishment, ideas for the future, and a good sense of how to bring those ideas into reality. While they have had the heart and the courage, they also have had the assistance of the United States through the National Endowment of Democracy and other organizations which promote democratic development abroad. I hope my colleagues will continue to support this kind of assistance, for Serbia and other countries where it is needed, which serves not only the interests of the United States but the cause of humanity.

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