Title

Listening to Victims of Child Sex Trafficking

Thursday, October 04, 2012
2255 Rayburn House Office Building
Washington, DC 20515
United States
Members: 
Name: 
Hon. Chris Smith
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Witnesses: 
Name: 
“Mr. B”
Title: 
Survivor of Child Trafficking in Amsterdam, Netherlands
Statement: 
Name: 
Klaas Langendoen
Title: 
Former Chief of Criminal Intelligence Services
Body: 
The Netherlands
Name: 
Adèle van der Plas
Title: 
Advocate
Body: 
Bakker Schut & Van Der Plas
Name: 
Samantha Healy Vardaman
Title: 
Senior Director
Body: 
Shared Hope International

In this briefing, which Rep. Christopher Smith (NJ -04) moderated, attendees examined how and to what extent allegations of trafficking and abuse should have been investigated. The Commission held this briefing in the context of a series of cases in which allegations were raised against the secretary-general at the Ministry of Justice in the Netherlands, Mr. Jorris Demmink, who had been accused by a witness, present at the briefing, of sexually abusing and raping the witness when the witness was being trafficked in a brothel in Amsterdam at age 15.

Demmink had been accused by two Turkish males of having raped them in Turkey between 1994 and 2003. At the time of the assault, the boys were 11- and 14-years-old, and at least one of them was homeless. Unfortunately, the allegations against Demmink were never given a criminal investigation.

Witnesses at the briefing included: “Mr. B”, a survivor of child trafficking in Amsterdam, Netherlands; Klaas Langendoen, the Former Chief of Criminal Intelligence Services for the Netherlands and Private Investigator; Adèle van der Plas, an advocate with Bakker Schut and Van Der Plas; and Samantha Healy Vardaman,  Senior Director with Shared Hope International.

Relevant issues: 
Leadership: 
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As in the past, the United State faced criticism for retaining the death penalty and for its conduct in counter-terrorism operations. Belarusian elections, held on the eve of the HDIM, came in for a round of criticism, while Russia continued to advocate proposals on election observation that would significantly limit the OSCE’s independence in such activities. Finally, discussion of the Russia-Georgia conflict was conspicuous by its near absence, though related human rights and humanitarian concerns will likely receive more prominence in the lead up to and during the December OSCE Ministerial in Helsinki. Background From September 29 to October 10, 2008, the OSCE participating States met in Warsaw, Poland, for the annual(1) Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest human rights gathering, convened to discuss compliance by the participating States with the full range of human dimension commitments they have all adopted by consensus. The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), according to an agenda approved by consensus of all 56 participating States. The HDIM is the only multinational human rights meeting in Europe where representatives of NGOs and government representatives have equal access to the speakers list. Indeed, over half of the statements delivered at this year’s HDIM were made by NGO representatives. Such implementation review meetings are intended to serve as the participating States’ principal venue for public diplomacy and are important vehicles for identifying continued areas of poor human rights performance. Although the HDIM is not tasked with decision-making responsibilities, the meetings can provide impetus for further focus on particular human dimension concerns and help shape priorities for subsequent action. Coming in advance of ministerial meetings that are usually held in December, the HDIMs provide an additional opportunity for consultations among the participating States on human dimension issues that may be addressed by Ministers. (This year, for example, there were discussions on the margins regarding a possible Ministerial resolution on equal access to education for Roma and advancing work in the field of tolerance and non-discrimination, including the possibility of convening a related high-level meeting in 2009.) OSCE rules, adopted by consensus, allow NGOs to have access to human dimension meetings. However, this general rule does not apply to “persons and organizations which resort to the use of violence or publicly condone terrorism or the use of violence.”(2) There are no other grounds for exclusion. The decision as to whether or not a particular individual or NGO runs afoul of this rule is made by the Chairman-in-Office. In recent years, some governments have tried to limit or restrict NGO access at OSCE meetings in an effort to avoid scrutiny and criticism of their records. This year, in the run up to the HDIM, Turkmenistan held the draft agenda for the meeting hostage, refusing to give consensus as part of an effort to block the registration of Turkmenistan NGOs which have previously attended the implementation meetings and criticized Ashgabat. Turkmenistan officials finally relented and allowed the adoption of the HDIM agenda in late July, but did not participate in the Warsaw meeting. Along these lines, the Russian delegation walked out in protest when the NGO “Russian-Chechen Friendship Society” took the floor to speak during a session on freedom of the media. At the 2008 HDIM, senior Department of State participants included Ambassador W. 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In comparison with previous HDIMs, the 2008 meeting was relatively subdued – perhaps surprisingly so given that, roughly eight weeks before its opening, Russian tanks had rolled onto Georgian territory. While the full scope of human rights abuses were not known by the time the meeting opened, human rights defenders had already documented serious rights violations, including the targeting of villages in South Ossetia inhabited by ethnic Georgians. Nevertheless, discussion of the Russian-Georgian conflict was largely conspicuous by its near absence. Highlights The annual HDIM agenda provides a soup-to-nuts review of the implementation of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. The United States continued its longstanding practice of naming specific countries and cases of concern. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. This year, those subjects were: 1) education and awareness-raising in the promotion of human rights; 2) freedom of religion or belief; and 3) focus on identification, assistance and access to justice for the victims of trafficking. Of the three, the sessions on religious liberty attracted the most speakers with over 50 statements. A large number of side events were also part of the HDIM, organized by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States. These side events augment implementation review sessions by providing an opportunity to examine specific subjects or countries in greater depth and often with a more lively exchange than in the formal sessions. Along with active participation at these side events, the United States held extensive bilateral meetings with government representatives, as well as with OSCE officials and NGO representatives. At the end of the second week of the HDIM, Human Rights Directors from capitals also held a working meeting to discuss issues of mutual concern, with a special focus on United Nations Security Council Resolution 1325, on women, peace and security. This year, the U.S. Commission on International Religious Freedom also hosted a reception to honor the OSCE Panel of Experts on Freedom of Religion or Belief, as well as the tenth anniversary of the U.S. International Religious Freedom Act and the 60th anniversary of the UN Declaration of Human Rights. Greece, scheduled to assume the chairmanship of the OSCE starting in January 2009, came under particular criticism for its treatment of minorities. 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Throughout the HDIM, many NGOs continued to express concern about the fitness of Kazakhstan to serve as OSCE Chair-in-Office in 2010 given serious short comings in that country’s human rights record. In particular, Kazakhstan was sharply criticized for a draft religion law (passed by parliament, but not yet adopted into law). One NGO argued that a Kazakhstan chairmanship, with this law in place, would undermine the integrity of the OSCE, and urged participating States to reconsider Kazakhstan for the 2010 leadership position if the law is enacted. Juxtaposing Kazakhstan’s future chairmanship with the possible final passage of a retrograde law on religion, the Almaty Helsinki Committee asked the assembled representatives, “Are human rights still a priority – or not?” (Meanwhile, on October 5, Secretary of State Condoleezza Rice visited Kazakhstan.) On the eve of the HDIM, Belarus held elections. Those elections received considerable critical attention during the HDIM’s focus on democratic elections, with the United States and numerous others expressing disappointment that the elections did not meet OSCE commitments, despite promises by senior Belarusian officials that improvements would be forthcoming. Norway and several other speakers voiced particular concern over pressures being placed on ODIHR to circumscribe its election observation activities. Illustrating those pressures, the Russian Federation reiterated elements of a proposal it drafted on election observation that would significantly limit the independence of ODIHR in its election observation work. The Head of the U.S. Delegation noted that an invitation for the OSCE to observe the November elections in the United States was issued early and without conditions as to the size or scope of the observation. (Russia and others have attempted to impose numerical and other limitations on election observation missions undertaken by the ODIHR and the OSCE Parliamentary Assembly.) Tolerance issues featured prominently during discussions this year, as they have at other recent HDIMs. Forty-three interventions were made, forcing the moderator to close the speakers list and requiring presenters to truncate their remarks. Muslim, migrant, and other groups representing visible minorities focused on discrimination in immigration policies, employment, housing, and other sectors, including racial profiling and hate crimes, amidst calls for OSCE countries to improve implementation of existing anti-discrimination laws. Jewish and other NGOs called for sustained efforts to combat anti-Semitism. Representatives of religious communities expressed concern about the confusion made by ODIHR in its Annual Hate Crimes Report between religious liberty issues and intolerance towards members of religious groups. This year, some governments and NGOs elevated their concerns relating to gay, lesbian, bisexual and transgender persons, increasingly placing these concerns in the context of the OSCE’s focus on hate crimes. A civil society tolerance pre-HDIM meeting and numerous side events were held on a broad range of tolerance-related topics. The United States and several U.S.-based NGOS called for a high-level conference on tolerance issues to be held in 2009. Unlike in prior years, however, no other State echoed this proposal or stepped forward with an offer to host such a high-level conference. In many of the formal implementation review sessions this year, NGOs made reference to specific decisions of the European Court on Human Rights, urging governments to implement judgments handed down in recent cases. During the discussion of issues relating to Roma, NGOs continued to place a strong focus on the situation in Italy, where Roma (and immigrants) have been the target of hate crimes and mob violence. NGOs reminded Italy that, at the OSCE Supplementary Human Dimension Meeting in July, they had urged Italy to come to the HDIM with concrete information regarding the prosecution of individuals for violent attacks against Roma. Regrettably, the Italian delegation was unable to provide any information on prosecutions, fostering the impression that a climate of impunity persists in Italy. As at other OSCE fora, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among the OSCE participating States. Of the 56 OSCE participating States, 54 have abolished, suspended or imposed a moratorium on the death penalty and only two – the United States and Belarus – continue to impose capital punishment as a criminal sanction. Two side events held during the HDIM also put a spotlight on the United States. The first event was organized by Freedom House and entitled, “Today’s American: How Free?” At this event, Freedom House released a book by the same title which examined “the state of freedom and justice in post-9/11 America.” The second event was a panel discussion on “War on Terror or War on Human Rights?” organized by the American Civil Liberties Union. Speakers from the ACLU, Amnesty International and the Polish Human Rights Foundation largely focused on issues relating to the United States, including the military commission trials at Guantanamo, and official Polish investigations into allegations that Poland (working with the United States) was involved in providing secret prisons for the detention and torture of “high-value” detainees.(3) In a somewhat novel development, Russian Government views were echoed by several like-minded NGOs which raised issues ranging from claims of “genocide” by Georgia in South Ossetia to grievances by ethnic Russians in Latvia and Estonia. Ironically, the Russian delegation, in its closing statement, asserted that this year’s HDIM had an “improved atmosphere” due (it was asserted) to the efforts by both governments and NGOs to find solutions to problems rather than casting blame. As at past HDIMs, some sessions generated such strong interest that the time allotted was insufficient to accommodate all those who wished to contribute to the discussion. For example, the session on freedom of the media was severely constrained, with more than 20 individuals unable to take the floor in the time allotted, and several countries unable to exercise rights of reply. Conversely, some sessions – for example, the session on equal opportunity for men and women, and the session on human dimension activities and projects – had, in terms of unused time available, an embarrassment of riches. Following a general pattern, Turkmenistan was again not present at the HDIM sessions this year.(4) In all, 53 participating States were represented at the meeting. At the closing session, the United States raised issues of particular concern relating to Turkmenistan under the “any other business” agenda item. (This is the sixth year in a row that the United States has made a special statement about the situation in Turkmenistan, a country that some view as having the worst human rights record in the OSCE.) For the past two years, there has been a new government in Turkmenistan. The U.S. statement this year noted some positive changes, but urged the new government to continue the momentum on reform by fully implementing steps it already has begun. In addition, the United States called for information on and access to Turkmenistan’s former representative to the OSCE, Batyr Berdiev. Berdiev, once Turkmenistan’s ambassador to the OSCE, was reportedly among the large number of people arrested following an attack on then-President Niyazov’s motorcade in 2002. His fate and whereabouts remain unknown. OSCE PA President João Soares addressed the closing plenary, the most senior Assembly official to participate in an HDIM meeting. The Russian-Georgian Conflict With the outbreak of armed violence between Russia and Georgia occurring only two months earlier, the war in South Ossetia would have seemed a natural subject for discussion during the HDIM. As a human rights forum, the meeting was unlikely to serve as a venue to debate the origins of the conflict, but there were expectations that participants would engage in a meaningful discussion of the human dimension of the tragedy and efforts to stem ongoing rights violations. As it turned out, this view was not widely shared by many of the governments and NGOs participating in the meeting. The opening plenary session foreshadowed the approach to this subject followed through most of the meeting. Among the senior OSCE officials, only High Commissioner on National Minorities Knut Vollebaek squarely addressed the situation in the south Caucasus. Vollebaek condemned the19th century-style politicization of national minority issues in the region and the violation of international borders. At the time of the crisis, he had cautioned against the practice of “conferring citizenship en masse to residents of other States” (a reference to Russian actions in South Ossetia) and warned that “the presence of one's citizens or ‘ethnic kin’ abroad must not be used as a justification for undermining the sovereignty and territorial integrity of other States.” Sadly, that sound advice went unobserved in Georgia, but it is still applicable elsewhere in the OSCE region.(5) The statement delivered by France on behalf of the countries of the European Union failed to address the conflict. During the plenary, only Norway and Switzerland joined the United States in raising humanitarian concerns stemming from the conflict. In reply, the head of the Russian delegation delivered a tough statement which sidestepped humanitarian concerns, declaring that discussion of Georgia’s territorial integrity was now “irrelevant.” He called on participating States to adopt a pragmatic approach and urged acknowledgment of the creation of the new sovereign states of Abkhazia and South Ossetia, terming their independence “irreversible” and “irrevocable.” Perhaps more surprising than this Russian bluster was the failure of any major NGO, including those who had been active in the conflict zone collecting information and working on humanitarian relief, to take advantage of the opportunity to raise the issue of South Ossetia during the opening plenary. As the HDIM moved into its working sessions, which cover the principal OSCE human dimension commitments, coverage of the conflict fared better. The Representative on Freedom of the Media remarked, in opening the session on free speech and freedom of the media that, for the first time in some years, two OSCE participating States were at war. During that session, he and other speakers called on the Russian Federation to permit independent media access to occupied areas to investigate the charges and counter-charges of genocide and ethnic cleansing. The tolerance discussion included calls by several delegations for Russia to cooperate and respond favorably to the HCNM’s request for access to South Ossetia to investigate the human rights situation in that part of Georgia. Disappointingly, during the session devoted to humanitarian commitments, several statements, including those of the ODHIR moderator and EU spokesperson, focused narrowly on labor conditions and migration, and failed to raise concerns regarding refugees and displaced persons, normally a major focus of this agenda item and obviously relevant to the Georgia crisis. Nevertheless, the session developed into one of the more animated at the HDIM. The Georgian delegation, which had been silent up to that point, spoke out against Russian aggression and alleged numerous human rights abuses. It expressed gratitude to the European Union for sending monitors to the conflict zone and urged the EU to pressure Russia to fully implement the Six-Point Ceasefire agreement negotiated by French President Sarkozy. The United States joined several delegations and NGOs calling on all parties to the conflict to observe their international obligations to protect refugees and create conditions for their security and safe voluntary return. In a pattern observed throughout the meeting, the Russian delegation did not respond to Georgian charges. It left it to an NGO, “Ossetia Accuses,” to make Russia’s case that Georgia had committed genocide against the people of South Ossetia. A common theme among many interventions was a call for an independent investigation of the causes of the conflict and a better monitoring of the plight of refugees, but to date Russian and South Ossetian authorities have denied both peacekeeping monitors and international journalists access to the region from elsewhere in Georgia. A joint assessment mission of experts from ODIHR and the HCNM, undertaken in mid-October, were initially denied access to South Ossetia, with limited access to Abkhazia granted to some team members. Eventually, several experts did gain access to the conflict zone in South Ossetia, though to accomplish this they had to travel from the north via the Russian Federation. One can only speculate why Georgia received such limited treatment at this HDIM. The crisis in the south Caucasus had dominated OSCE discussions at the Permanent Council in Vienna for weeks preceding the HDIM. Some participants may have feared that addressing it in Warsaw might have crowded out the broader human rights agenda. Others may have felt that, in the absence of a clear picture of the circumstances surrounding the conflict and with so many unanswered questions, it was best not to be too critical or too accusatory of either party. The EU (and particularly the French) were, at the time of the HDIM, in the process of negotiating the deployment of European observers to the conflict zone, and may have feared that criticism of Russia at this forum would have only complicated the task. In fact, the EU’s only oblique reference to Georgia was made at HDIM’s penultimate working session (a discussion which focused on human dimension “project activity”) in connection with the work of High Commissioner for National Minorities. (One observer of this session remarked that there seemed to be a greater stomach for dinging the OSCE Office for Democratic Institutions and Human Rights for shortcomings in its work than for criticizing Russia for invading a neighboring OSCE participating State.) Finally, other participants, particularly NGOs, seemed more inclined to view human rights narrowly in terms of how governments treat their own citizens and not in terms of how the failure to respect key principles of sovereignty and territorial integrity are invariably accompanied by gross violations of human rights and can produce humanitarian disasters. Amid simmering tensions between Russia and Georgia which could erupt into renewed fighting, and completion of a report requested by the Finnish Chairmanship in time for the OSCE’s Ministerial in Helsinki in early December, Ministers will have to grapple with the impact of the south Caucasus conflict and what role the OSCE will have. Beyond Warsaw The relative quiet of the HDIM notwithstanding, French President M. Nicolas Sarkozy put a spotlight on OSCE issues during the course of the meeting. Speaking at a conference in Evian, France, on October 8, he responded to a call by Russian President Dmitri Medvedev, issued in June during meetings with German Chancellor Angela Merkel, for a new “European Security Treaty” to revise Europe’s security architecture – a move seen by many as an attempt to rein in existing regional security organizations, including NATO and the OSCE. President Sarkozy indicated a willingness to discuss Medvedev’s ideas, but argued they should be addressed in the context of a special OSCE summit, which Sarkozy suggested could be held in 2009. The escalating global economic crisis was also very much on the minds of participants at the HDIM as daily reports of faltering financial institutions, plummeting markets, and capital flight promoted concerns over implications for the human dimension. Several delegations voiced particular concern over the possible adverse impact on foreign workers and those depending on remittances to make ends meet. Looking Ahead The human rights and humanitarian concerns stemming from the war in South Ossetia will likely come into sharper focus in the lead up to the December OSCE Ministerial in Helsinki as talks on the conflict resume in Geneva, and OSCE and other experts attempt to document the circumstances surrounding the outbreak of fighting and current conditions. The coming weeks can also be expected to bring renewed calls for an overhaul of the human dimension and the ODIHR by those seeking to curb attention paid to human rights and subordinate election monitoring activities. It remains to be seen whether Kazakhstan will fulfill the commitments it made a year ago in Madrid to undertake meaningful reforms by the end of this year. There is also the risk that a deepening economic crisis will divert attention elsewhere, even as the resulting fallout in the human dimension begins to manifest itself. It is unclear what priorities the Greek chairmanship will be set for 2009, a year that portends peril and promise. Notes (1) OSCE Human Dimension Implementation Meetings are held every year, unless there is a Summit. Summits of Heads of State or Government are preceded by Review Conferences, which are mandated to review implementation of all OSCE commitments in all areas (military-security, economic and environmental cooperation, and the human dimension). (2) Helsinki Document 1992, The Challenges of Change, IV (16). (3) Interestingly, at the session on human rights and counterterrorism, moderator Zbigniew Lasocik, member of the United Nations Subcommittee on Prevention of Torture, noted that Poland’s Constitutional Court had, the previous day, struck down a 2004 law that purported to allow the military to shoot down hijacked commercial aircraft – even if they were being used as weapons like the planes that killed thousands of people on 9/11. The Court reportedly reasoned that shooting down an aircraft being used as bomb would infringe on the constitutional protection of human life and dignity of the passengers. (4) Turkmenistan sent a representative to the HDIM in 2005 for the first time in several years. While responding to criticism delivered in the sessions, the representative appeared to focus more on monitoring the activities of Turkmen NGOs participating in the meeting. Turkmenistan subsequently complained that certain individuals who had been charged with crimes against the State should not be allowed to participate in OSCE meetings. Turkmenistan officials did not participate in the 2006 or 2007 HDIMs. Participation in the 2008 meeting would have been a welcome signal regarding current political developments. (5) The HCNM had previously expressed concern regarding Hungary’s overreach vis-a-vis ethnic Hungarian minorities in neighboring countries. In 2004, Hungary held a referendum on extending Hungarian citizenship to ethnic Hungarians abroad – an idea that still holds political currency in some quarters of Hungary – but the referendum failed due to low voter turnout.

  • Symposium Focused on Future of the OSCE

    By Janice Helwig, Policy Advisor The Embassy of Finland and the Center for Transatlantic Relations at John Hopkins University held a half-day symposium on October 15 to discuss the future of the OSCE. The symposium succeeded in laying out clearly the challenges currently facing the 56-state organization. There were, however, more questions than answers when it came to ideas on how to address those challenges. Participants in the symposium included the Secretary of State of Finland, prominent figures from OSCE’s past, academics, representatives of participating States, NGOs, and the Helsinki Commission. Finland currently holds the Chairmanship of the Vienna-based OSCE. At the outset of the meeting, there was an acknowledgement that Russia’s invasion of Georgia in early August altered the program originally envisioned by the Finnish chairmanship for the OSCE. Other issues raised included open challenges to core OSCE principles, values, and commitments; internal divisions and lack of consensus over what the organization should be doing; implications of a stronger and more active EU; and whether there is waning support for the OSCE in Washington. Rather than offering prescriptions for overcoming these challenges, many speakers instead underlined the challenges by reflecting their governments’ views of the OSCE. For example, the Russian speaker focused on President Medvedev’s June call for a new European security architecture and the need to reform the OSCE, a longstanding Moscow demand. U.S. State Department Assistant Secretary and Helsinki Commissioner David Kramer focused on the importance of implementing OSCE commitments on human rights, and the need for Kazakhstan to implement its Madrid reform promises in advance of its 2010 Chairmanship. The Kazakhstani speaker foreshadowed what could signal – for the U.S. at least – problematic views with serious implications for his country’s chairmanship, including questioning the validity and universal applicability of OSCE standards and commitments as well as raising doubt over the continued need for field missions. OSCE Secretariat representative Paul Fritch laid out frankly the challenges facing the OSCE today, and tried to start a discussion of how to address them. Early History of the Helsinki Process* The first panel focused on the history of the Helsinki Process, and featured U.S. Ambassador Max Kampelman (ret.), who had been active in the process in the 1980s, and Finnish Ambassador Markuu Reimaa, who recently published a book, Helsinki Catch, covering the negotiations leading up to the 1975 signing of the Helsinki Final Act. Ambassador Kampelman focused on his personal experiences and on the Madrid Meeting of the CSCE (1980-1983). He stressed that the CSCE was at that time the main framework for U.S.-Soviet dialogue and for reinforcing relations with NATO allies. Kampelman acknowledged the key role played by Commission staff throughout the Madrid Meeting. He then claimed to reveal a long-held secret that he had leveraged the Soviet desire to end the Madrid Meeting by securing permission for some 250,000 individuals - mostly Jews - to emigrate from the U.S.S.R. to Israel. Ambassador Reimaa cited the 1968 Soviet invasion of Czechoslovakia as a crucial event that opened the eyes of many in both the West and East. He said that the negotiations leading up to the Helsinki Final Act were successful partly because none of the countries (numbering 35 at the time) expected much to come of the process. He suggested that, within two years, the Soviets were questioning the wisdom of their involvement, but that the Helsinki Process was like “a fish trap”: once in, you could not get out. He stressed the importance of dialogue, noting that CSCE offered the only venue where meaningful talks continued during the frosty first half of the 1980’s. Strengths and Weaknesses The second panel focused on the current Finnish Chairmanship of the OSCE, and featured Finnish State Secretary Pertti Torstila and Professor Terrence Hopmann of Johns Hopkins University SAIS. Secretary Torstila said that OSCE’s relevance was proven most recently in connection with the conflict in Georgia, but serious challenges to it exist in today’s world. A consensus-based organization cannot be greater than the sum of its parts, and many OSCE States are weak in their commitment to core principles. Secretary Torstila acknowledged that the state-building begun in the aftermath of the collapse of the U.S.S.R. remains incomplete, and urged that the OSCE be used as a venue for dialogue. In addition, the OSCE must avoid getting dragged down by internal wrangling, as some other International Organizations have done. He related that the CiO believes that the OSCE needs to be more involved in settling conflicts, not just managing them after the fact. Torstila provided a disappointing update on talks on Georgia that had opened and abruptly closed earlier that day in Geneva. Professor Hopmann said that the OSCE is in deep crisis at this point, arguing that the U.S. and Russia must decide if they believe the OSCE is worthwhile or not. Hopmann went on at length about the weakness of the organization’s conflict prevention capacity and the need to look at the relationship between core principles like self-determination and territorial integrity. He was highly critical of the lack of U.S. support for the organization, quipping that Washington spent more on Iraq in one hour than on the OSCE for an entire year. Beyond dwindling resources, he cited the failure of the U.S. Secretary of State to attend an OSCE Ministerial since Colin Powell in 2003. (Helsinki will serve as the venue for the 2008 OSCE Ministerial in early December.) Hopmann appealed for the next administration to play a more active role in the OSCE. The third panel focused on the future of the OSCE. It featured Mr. Aleksandr Lukashevich from the Russian Embassy, Assistant Secretary of State and Helsinki Commissioner David Kramer, Kazakhstani Ambassador at Large for OSCE Askar Tazhiev, and Director of the Office of the OSCE Secretary General, Paul Fritch. Mr. Lukashevich gave what appeared to be a scripted presentation of Russian views of the OSCE. He argued that the organization has failed to take the shape of an integrated security architecture that Russia had hoped it would. Instead, each OSCE country pursues its own agenda and geographic splits result. No country should predominate in the OSCE, and there should not be any “spheres of influence” in the organization. He repeated Russian assertions that the OSCE needs legal status, as well as a treaty-based Charter defining its goals adopted at the same time; he insisted that the U.S. fear that a Charter would undermine existing OSCE commitments is unfounded. Notwithstanding the restrictive proposals Moscow has circulated over the past couple of years that would undermine OSCE election observation activities and seriously weaken the role of NGOs in the organization, he rejected the notion that Russia is seeking to weaken existing OSCE institutions, including the Office for Democratic Institutions and Human Rights (ODIHR). He insisted that Russia has a positive agenda in the OSCE and wants to give the organization a “second wind.” Moreover, Russian President Medvedev has proposed discussion of a treaty on European security that would be legally binding and that would lay out the role and obligations of States for the medium- to long-term. The new treaty should stress that all States are equal and that there should be uniform rules and legally binding security guarantees for all, as well as uniform interpretation and implementation of the treaty. Mr. Lukashevich floated a proposal for an international forum with the participation of all OSCE countries as well as leading International Organizations. He said Russia hopes that the proposal could be reflected in the upcoming Helsinki Ministerial. Assistant Secretary of State and Helsinki Commissioner David Kramer stressed the importance of implementation of existing OSCE human rights commitments. He said that the U.S. would oppose any efforts to dilute OSCE standards or undermine the organization’s effectiveness, including its election observation activities undertaken by ODIHR and the Parliamentary Assembly. Kramer pointed out that most of the criticism of the OSCE seems to be coming from those States where fundamental freedoms are facing the most challenges. He then turned to Kazakhstan and the reform program it committed to late last year in Madrid concerning its 2010 Chairmanship. Kramer said that the U.S. is prepared to help Kazakhstan make progress on its Madrid commitments. However, currently, human rights defenders, NGOs, and independent media in Kazakhstan are threatened. Concerning Georgia, he stressed that the Russian Federation is responsible for protecting persons remaining in South Ossetia and for maintaining public order in all areas effectively under Russian control. Kramer insisted that OSCE monitors must have unimpeded access to all areas of Georgia, including South Ossetia. Kazakhstani Ambassador-at-Large for OSCE Askar Tazhiev’s statement raised serious questions about how his country might run its 2010 Chairmanship. Tazhiev stressed that there should be no blind adherence to OSCE commitments; rather, cultural differences and national particularities must be taken into account. Echoing long-standing Russian claims, he said the three dimensions of the OSCE – political/military, economic and environmental, and human - are imbalanced. There is too much emphasis on the human dimension and that should be fixed. Tazhiev reiterated Kazakhstan’s promise made in Madrid not to support efforts to weaken ODIHR or election observation, but at the same time endorsed Russian proposals concerning “strengthening” OSCE election observation. (Note: Russian initiatives would eviscerate election observation, for example by giving any country a virtual veto over every aspect of the process, including the evaluation of the conduct of the election.) He said that the effectiveness of OSCE field missions is in doubt, and many host countries – particularly those in Central Asia – feel their views are not being taken into account and are therefore questioning the further need for those missions. Finally, he noted that Kazakhstan supports Russia’s view that the OSCE needs a convention giving it legal personality as well as a Charter, adopted simultaneously. The Director of the Office of the OSCE Secretary General, Paul Fritch, gave a thoughtful overview of where the OSCE currently stands, and asked a series of questions (though not providing answers). In the 1990s, there was a unique and historic consensus within the organization. While some States view that period as the Golden Age, others view it as a time of humiliation. Consensus is now wearing thin in all three dimensions, and it is not in style to be a “country in transition.” The situation has changed dramatically, particularly with developments in Kosovo and Georgia. There is now open military confrontation in the OSCE region, between Georgia and Russia. There are also diverging views on energy and water resources which could lead to future conflicts. It is the first time that participating States are openly challenging the validity of OSCE commitments, and universal interpretation of them is yielding to local variations. At the same time that cohesion within the OSCE is eroding, external challenges are growing in scope and complexity. Relations with other International Organizations are changing as NATO expands and the EU becomes active in more areas. Fritch then threw out several good questions. How can the OSCE promote implementation of its values when some States openly challenge them (despite the fact that they were adopted on the basis of consensus)? Do OSCE mechanisms to deal with political military challenges need to be updated? What role can the OSCE play outside its geographical area? Will the OSCE take up Medvedev and Sarkozy’s proposal for a new security architecture and an OSCE summit in 2009? Now that the EU makes up half of the OSCE participating States, how will the two organizations divide their activities? In the discussion that followed, U.S. Ambassador Julie Finley rejected Terry Hopmann’s characterization of waning U.S. interest in the OSCE. In response to Russia, she stressed that actions speak louder than words. While recent Russian words have been lovely, corresponding actions have not. Picking up on the issue of legal personality raised by several speakers, she said that as soon as the U.S. had compromised and agreed to a limited legal convention, Russia reneged on the deal and began demanding that a treaty-based Charter be adopted at the same time. She asserted that Russia constantly moves the goalposts, and that is not constructive. The OSCE should look to the future and expand its activities, perhaps by bringing Libya, Syria, and Lebanon in as Mediterranean Partners for Cooperation. Spencer Oliver, Secretary General of the OSCE Parliamentary Assembly and former Commission Chief of Staff, drew on his extensive experience in the Helsinki Process dating back to the mid-1970s. He stressed the critical precedents set by the U.S. at the Belgrade Follow-up Meeting (1977-78) of naming names and being specific about human rights violations. Oliver credited Arthur J. Goldberg for his leadership of the U.S. delegation at Belgrade and commended the role played by Griffin Bell, appointed by President Carter to head the U.S. delegation at the opening of the Madrid Follow-up Meeting in 1980. Max Kampelman served under Bell until Ronald Reagan appointed him to lead the delegation through the end of the Madrid Meeting (1983). Oliver pointed out the irony that the OSCE, an organization promoting transparency, often operates behind closed doors. *encompassing the original Conference on Security and Cooperation in Europe (CSCE) and its successor since January 1, 1995, the Vienna-based Organization for Security and Cooperation in Europe (OSCE).

  • East or West? The Future of Democracy in Moldova

    Ambassador Clifford Bond, Senior State Department Advisor with the Commission on Security and Cooperation in Europe, moderated this briefing that focused on the trajectory of democratic institutions in Moldova, as well as the issues that were facing Eastern Europe. What was perhaps foremost on attendees’ minds was Russia’s invasion of the Republic of Georgia, which exposed the former U.S.S.R.’s expansionist goals and raised questions about Eastern Europe’s future and the potential for the European Bloc. Fortunately for Moldova, the country had made great progress as far as its elections, market freedoms, and negotiations to resolve the situation in Transdniestria were concerned, but Moldova remained a major source and transit country for sex trafficking.

  • The Role of OSCE Institutions in Advancing Human Rights and Democracy

    This hearing discussed the role of OSCE institutions in advancing human rights and democracy, highlighting the role of the United States. The United States was mentioned as a leading force of democracy promotion and protection of human rights. However, the witnesses mentioned certain issues like Guantanamo, Abu Ghraib, rendition flights, and detention centers that suggest double-standards. The discussion centered on the importance of inclusive voice in government and the need to find a way to build pluralism into single-party developing democracies by establishing political parties that can be competitive, that can be critical of governments and that can bring new ideas and fresh faces into their government.

  • Iraqi Refugees: A Humanitarian Surge Is Needed for an ‘Invisible’ Humanitarian Crisis

    By Lale Mamaux, Communications Director and Marlene Kaufmann, General Counsel In August, staff of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) traveled to Damascus, Syria and Beirut, Lebanon and met with government officials, non-governmental organizations (NGOs), and religious groups regarding the Iraqi refugee crisis. While it is estimated that approximately 1 to 1.5 million Iraqis have fled to Syria and 50,000 have fled to Lebanon, they are not living in camps, but instead are a mobile population scattered throughout Damascus and Beirut as well as in other urban areas. That fact has made this humanitarian crisis virtually ‘invisible’ to the international community, but not for those Iraqi refugees who remain stranded, jobless, and deprived of essential services with conditions worsening by the day. This deepening crisis threatens to further destabilize the entire region. As the years in exile drag on, Iraqi refugees are becoming more and more desperate and depressed. Those who fled with some resources have by now seen those assets depleted and are reliant on services provided by international organizations and NGOs working in the region. Syria and Jordan host the largest population of Iraqis and do not permit them to work, although many find jobs in the “informal” sector making them targets for exploitation and abuse. As a result, fewer children are enrolling in school as their parents send them out, instead, to find whatever work they can on the street. More women are prostituting themselves, desperate to provide for their children, and domestic violence and alcoholism among this population are on the rise. Syria The bombing of the Golden Mosque of Samara in 2006 led to a mass influx of Iraqi refugees fleeing to Syria, where according to the United Nations High Commissioner for Refugees (UNHCR), approximately 30,000-60,000 Iraqis were crossing the border each month. In October 2007, the government closed its borders to virtually all Iraqis and imposed stringent visa restrictions – requiring Iraqis to apply for visas at the Syrian Embassy in Baghdad. Since February 2008, Syrian immigration sources indicate that the flow of Iraqis has stabilized once again. According to UNHCR, it has registered over 216,000 Iraqis as refugees. Since January 2007, UNHCR has identified over 7,800 at-risk refugee children or adolescents from Iraq, 95 unaccompanied or separated children, and over 5,900 women at risk. Additionally, in 2008 it identified at least 300 survivors of Sexual Gender Based Violence (SGBV). Many Iraqis arriving in Syria are moving into areas such as Masaken Barzeh, Saida Zainab, Jaramana, and Qudssya as well as to other urban localities outside of Damascus (in Aleppo, Homs, Hama, Deir Ezzor, Lattakia, Tartous and Hassaka). Iraqis have placed enormous strains on Syria’s economy and infrastructure and caused an increase in the cost of living (i.e. rent, food, fuel, medical assistance). As Iraqis financial resources continue to diminish and desperation sets in, they face homelessness, child labor, early marriage, and survival sex. With many Iraqis too afraid to return to Iraq due primarily to the personal violence they have experienced, there is more pressure among aid organizations to cope with increasing needs. Education: The Syrian government under the direction of the Ministry of Education allows children from Arab countries living in Syria to attend school. Schools run by the government are free of charge. Currently, according to the government, there are approximately 55,000 Iraqi children enrolled in Syrian schools, a significantly smaller number than was expected. While the admission of Iraqi students is relatively low, it has nevertheless put a substantial strain on an already overburdened school system. The Ministry of Education estimates that there are now 60 students per class and they are working as quickly as possible to build larger schools in order to eliminate the need for children to attend classes in shifts. Basic education in Syria comprises grades 1-9 and school is mandatory until the age of 15. However, if a child has been absent from school for two years they are not permitted to enroll. Unfortunately, this is the case for many Iraqi children in Syria who have not attended school since they fled their homes. Other factors contributing to parents’ hesitancy to enroll their children in Syrian schools include fear of being located by authorities and deported, harassment of Iraqi children by other students, and the fact that many Iraqi families in Syria are quite mobile, moving frequently among neighborhoods. With so many Iraqi youth not in school, many NGOs have expressed grave concern about the future generation of Iraqis who will lack an education and who are hanging around on the streets with nothing to do. Clearly, these young people could be susceptible to influence by groups or individuals who may not have their best interests in mind. Responding to the influx of Iraqi children in school, UNHCR is working in coordination with the United Nations Children’s Fund (UNICEF) and the Syrian Arab Red Crescent (SARC) to encourage enrollment in school. In addition to providing school supplies and uniforms for Iraqi children, UNHCR and UNICEF are working with the Ministry of Education to train teachers and counselors to work with these traumatized children. For example, there are reports of some Iraqi students coming to school with knives and other weapons in their backpacks, and of their sometimes "acting out" in a violent manner -- symptoms of the trauma they experienced in Iraq and during their flight to safety. Unfortunately, these behaviors generate resentment and sometimes violent responses by other students. Currently, the Ministry of Education is only able to provide one counselor for every 250 students. Commission staff also attended a graduation ceremony at the Greek Orthodox Ministry in Damascus for 100 Iraqi children, grades 2-7 (ages 6-12). This was a graduation from a summer program where children participated in activities such as arts and crafts in an effort to express themselves and relieve some stress from the trauma they had faced in Iraq and the uncertainty of their situation in Syria. The graduation ceremony consisted of presentations from teachers and counselors as well as singing and skits performed by the students. Health Care: Commission staff met with the Syrian Assistant Minister of Health, who described the burdens on the health care system as a result of the influx of Iraqi refugees since 2003. The health care system is comprised of 1600 clinics and 70 hospitals, 5 of which offer services free of charge to Iraqi refugees. The Minister estimated that support for the health needs of the refugee community costs the Syrian government an estimated $150 million per year. The government is particularly concerned about communicable diseases and therefore has a mandatory vaccination program for all children. Despite substantial contributions from the European Union, UNHCR and UNICEF during the past two years to establish additional clinics and fund vaccinations, the minister estimated that only 5% of the health needs of Iraqi refugees are being met. Particularly critical are the strains put on services for kidney disease, including dialysis, and heart disease. The minister explained that these services were already quite limited for Syrian citizens. Since 2003, according to the minister, anyone needing heart surgery essentially has to “take a number and wait.” The minister indicated that with the help of the World Health Organization (WHO) the government is also trying to address the increasing psycho-social needs of Iraqi refugees. Two hospitals, one in Damascus and one in Aleppo, are offering these services. Trafficking in Persons/Shelter: The Syrian government is undertaking initiatives to counter human trafficking and is in the process of establishing a shelter for victims of trafficking. Beginning in 2005, the International Organization for Migration (IOM) began holding educational workshops and invited Syrian officials to attend. A governmental committee was formed in 2006 to address trafficking issues, however progress was slow. In 2007, private sector experts advised the committee on counter trafficking measures and, as a result of this public-private partnership, anti-trafficking legislation was drafted. The legislation was endorsed by the committee in late 2007 and was sent to Parliament in June of this year. In coordination with other partners, IOM began raising money for a trafficking shelter. The Netherlands contributed $30,000 Euros, and UNICEF gave $30,000 (USD). The Syrian government has allocated a space for the shelter, however it is in need of major renovations, which are currently under way. The shelter is expected to open in the next 3-4 months and will serve all populations, not just Iraqis. Iraqis, especially women who arrive in Syria as the head of household with no financial resources, are facing extreme circumstances. Since the Syrian government does not allow Iraqis to work, increasing numbers of refugees have resorted to child labor, survival sex, and offering their daughters for short-term or weekend marriages, commonly referred to as “pleasure marriages” to make ends meet. More women and children are facing Sexual Gender Based Violence (SGVB) by their husbands’ or the male head of household. UNHCR, in coordination with partners UNICEF, IOM, the United Nations Population Fund (UNFPA), and United Nations Development Program (UNDP), are working together to assist Iraqi women who have been physically or sexually abused and are in detention. UNHCR is also supporting several safe houses located in Damascus that help abused Iraqi women and children. The Good Shepherd Sisters: Commission staff also met with Sister Marie-Claude Naddaf of the Good Shepherd Sisters in Damascus in order to learn first-hand of the critical work that she and her community have undertaken in support of Iraqi refugees. Sister Marie-Claude described the suffering of the Iraqi people that she sees every day, those who have fled under threat of violence and arrive in Syria in an already traumatized state. Because of the circumstances and the uncertainty of their situation in Syria most Iraqi refugees, including children, suffer from severe stress and depression. Focusing on the needs of children, the Good Shepherd Sisters, in concert with UNHCR and other organizations have provided summer camps outside of Damascus for refugee children to play and relax in a peaceful venue and escape the stresses of their daily lives. The sisters also provide extensive educational and recreational programs for adults and children throughout the year in a community center in Damascus, and have taken the lead in establishing a shelter for women and children and a hotline for abused women. Commission staff also visited the shelter and met with several of the women and children who reside there. Distribution of Food: Food distribution is conducted by the World Food Program (WFP) and UNHCR. Refugees in Syria receive their food and financial distribution every two months from either the Douma or Saida Zeinab distribution centers. The distribution schedule is communicated to refugees through short cell-phone messages, information posted on boards in the Douma Distribution center, or by postings on the food distribution website: http://unhcr.un.org.sy/food.htm WFP provides the following basic commodities in their food baskets: 12.5 kilos of rice, l litre of oil, and 2.5 kilos of lentils. UNHCR provides the following complementary items that coincide with the basic commodities provided by WFP: 1 kilo of sugar, 200 grams of tea, 1 kilo of pasta, ½ kilo of tomato paste, 1 kilo of bulgur wheat, and one box each of soap and washing detergents. In addition to food distribution UNHCR also provides a seasonal distribution of mattresses and blankets. Those Iraqis living outside of Damascus who have registered with UNHCR are able to call a hotline to find out dates and locations of food distribution. Stories of Iraqis in Syria: Commission staff met with Iraqi refugees serving as outreach coordinators for UNHCR to gain a better understanding of their hands-on work in the community. The coordinators have a direct line of communication into the Iraqi community in Syria, including with those who have not registered with UNHCR, and they serve as a trusted go between for UNHCR and the community. During the meeting the coordinators spoke of the dire circumstances facing Iraqi refugees in Syria and also shared their personal stories. One coordinator explained that her husband was killed in Iraq and that one of her sons was picked up by U.S. military personnel and another son was kidnapped by a militia group – both were tortured. Fearing for her life, she fled to Syria. Another coordinator told staff that three of her cousins were killed by U.S military personnel because they were accused, wrongly according to the woman, of being terrorists. In addition, staff participated in a resettlement interview with an Iraqi family at UNHCRs Registration and Distribution Center in Douma. The family had owned a jewelry store in Baghdad and fled Iraq after one son was kidnapped and beaten by his captors. After this incident, the family first fled to another neighborhood in Baghdad where they thought they would be safe. However, shortly after the move their home was raided by militia who gave them three days to leave or be killed. The family then fled to Syria. The father made his way to Sweden, while the mother was left to care for her four children in Syria. During the interview it was revealed that the family has now been in Syria for two years, their savings are almost completely diminished and the mother is working as a seamstress to try to make ends meet. The youngest child suffers from post-traumatic stress disorder after a gun was pointed at him during the raid on their home in Baghdad. Only one of the four children has attended school in the past two years and only for several months because she was severely bullied and harassed by the other children. LEBANON Lebanon, a small country of 4 million people, has opened its doors to 50,000 Iraqi refugees, many of whom came after the 2006 bombings in Samara. Roughly 51 percent of Iraqis in Lebanon are Shi’a Muslims, 19 percent are Chaldean Catholics, and 12 percent Sunni Muslims. UNHCR has registered over 10,400 Iraqis since June 2008. In 2007, UNHCR resettled 450 Iraqis to the United States, Sweden, Canada, Australia and other countries. They expect to resettle 1500 refugees in 2008. Iraqi refugees in Lebanon face many challenges, however it is a better economic environment than in other host countries. Unlike Jordan and Syria, Iraqis in Lebanon can work if they obtain a work permit. The educational needs among Iraqi children in Lebanon are quite dire as 42 percent have not completed elementary school, 40 percent of Iraqi children between the ages of 6 and 17 are not enrolled in school due to the high cost of tuition and the need to help provide for their families. It is estimated that, in 2007, only 1,200 Iraqi children were enrolled in school. Health care needs among Iraqis remain constant and medical care cannot be easily accessed in Lebanon due to its exorbitant cost. NGOs and other charitable organizations are able to provide coverage for only 24 percent of serious medical cases. As Commission staff found during a visit to Jordan and Turkey last March, many Iraqis in Lebanon are experiencing psycho-social issues due to the stress of their displacement and the unstable environment they encounter in their host countries. This stress has contributed to a rise in domestic violence and drug and alcohol abuse among the refugee population. Migrant domestic workers in Lebanon are a vulnerable group as well with an estimated 200,000 in the country, approximately 100,000 who arrived illegally. These domestic workers are primarily women from Southeast Asia and Africa – Sri Lanka, The Philippines, Ethiopia, and Madagascar – and are brought to Lebanon by employment agencies working in those countries. These agencies frequently promise “fee paid” employment in a secretarial capacity or in sales. The agencies typically charge the employer $1,500 to bring the domestic worker to Lebanon. Upon arrival, many employers take the women’s passports; force them to work long hours, frequently without pay; and often abuse them. Unhappy about how their people are being treated, the Philippine and Ethiopian Embassies have placed restrictions on employment in Lebanon for their citizens. Caritas Lebanon Migrant Center: Established in 1994, the Caritas Lebanon Migrant Center (CLMC) has as its mission “to strengthen and protect the human rights of migrants, refugees and asylum-seekers in Lebanon.” To date, the Center has assisted more than 100,000 individuals through services such as social and legal counselling and assistance; humanitarian, medical and emergency assistance; orientation seminars for migrants; temporary shelter and safe houses; summer camps and other recreational activities; vocational training and reintegration programs, as well as advocacy efforts with the public and relevant government agencies. In the early 1990s, CLMC worked exclusively with migrant populations, primarily Sudanese. Iraqis began to arrive in 1997, primarily from the Shiite and Christian communities, seeking work and resettlement in Europe or Australia. In 2003, the number of Iraqis entering Lebanon increased substantially and many sought assistance from CLMC. With funding from the U.S. government, CLMC began a program to provide medical support to the refugees, many of whom were suffering with cancer and chronic diseases and had no access to public medical facilities in Lebanon. CLMC negotiated with public hospitals and clinics to establish a treatment program for the refugees. They were also able to arrange reduced-cost treatment with some private hospitals, particularly for those afflicted with cancer and heart disease. CLMC also provides a wide array of educational programs for children and adults. Most Iraqi children are unable to attend school in Lebanon due to the language barrier. Many also frequently “act out” aggressively due to the psychological trauma caused by their circumstances. CLMC provides informal classes and vocational training for children, as well as summer camps where counsellors work with the kids in a relaxed atmosphere to address their unique psychological needs. CLMC undertakes assistance programs for women as well. To date, they have held 160 seminars to train outreach workers for the migrant worker and refugee communities and as a result now have 800 women working in locations nation-wide. The Center has established a shelter for abused women and one for victims of trafficking (described below). In coordination with UNHCR, CLMC provides legal assistance to the refugee and migrant worker community. They currently retain two full-time and ten part-time attorneys and have successfully prosecuted a substantial number of abuse cases on behalf of those who have sought shelter with CLMC. In addition, as described below, Caritas, working with UNHCR and other NGOs, successfully negotiated an amnesty for detained Iraqi refugees, giving them the opportunity to seek employment and regularize there status. Detention Facility Visit: Commission staff visited a detention facility operated by the General Directorate of General Security (General Security) – the governmental authority in Lebanon responsible for the legal status of foreigners in the country. The facility holds those Iraqi refugees and migrant workers who entered the country illegally and are without documentation. It is located under a freeway in downtown Beirut and was constructed from a parking garage. The conditions in the facility are deplorable, yet are much improved from several months earlier, due in large part to the work of NGOs, such as the Caritas Lebanon Migrant Center (CLMC), in coordination with General Security. The air-intake vents, only recently installed through the efforts of Caritas, circulate air into the underground facility. Unfortunately, due to the center’s location under the freeway, the air is filled with exhaust from automobiles traveling above. Inside, fans are placed throughout to further circulate the air into the cells where detainees are held. There is no sunlight, lighting is very dim and temperatures are extremely hot in the summer and cold during the winter. The facility contains 13 cells with roughly 40 individuals housed in each cell. Detainees sit on the floor of the cell on mattresses which also serve as their beds. They are allowed to leave their cells, but not the detention facility, on very rare occasions – such as laundry detail or to receive medical treatment – and never leave the facility until their release. There is a bathroom and a separate shower in each cell which are enclosed; however there is virtually no privacy. Women are housed together according to their nationality and men are housed alphabetically. The average length of stay can range from one month to over a year, depending on the length of time it takes to arrange deportation or voluntary departure. CLMC has played an instrumental role in helping to improve the dire conditions of the facility. Prior to their intervention, detainees had no bathrooms, showers or mattresses to sleep on. Furthermore, they were unable to have their clothes washed and were living in utter filth. Working closely with General Security, CLMC now has several full-time staff working 24-hours a day in the facility with detainees. Additionally, CLMC was able to put bathrooms and showers in each cell, provide mattresses for each detainee, purchase a washer and dryer to clean the detainees’ clothes and bedding , and provide 3 hot meals per week. Human Rights Watch released a report in November 2007 entitled, ‘Rot Here or Die There: Bleak Choices for Iraqi Refugees in Lebanon,’ showing the conditions that Iraqi refugees face in Lebanon if they are without documentation. In response to the report and pressure from other NGOs, General Security agreed in 2008 to release all Iraqis detained for illegal entry and allowed them to go through the existing regularization process once released. UNHCR, in coordination with its implementing partner Caritas Lebanon, supported this directive by assisting refugees with the initial regularization fee of $600, as well as providing legal advice and counseling. After being released, Iraqis have 3 months to regularize their status which requires them to find an employer who will sponsor them for a work permit. The government has recently extended this period to 6 months with the overall number of arrests declining. This decision benefits not only Iraqi refugees, but all foreigners including refugees and asylum seekers of other nationalities who have entered Lebanon illegally. Visits with Iraqi families: Commission staff had the opportunity to visit Iraqi families in their homes in eastern Beirut. The families shared their tragic stories with staff and the circumstances in which they are living in Lebanon. While all expressed relief to be safe from the violence in Iraq, they are faced with a great deal of uncertainty about the future and a severe lack of resources. Their compelling stories follow: CASE A: Hana has 4 children. She is the head of her family since her husband was kidnapped in Iraq. The family came to Lebanon legally in December 2007. Hana’s eldest son was in his first year of medical school in Iraq when he received many threats. One day, while walking home from work, her son and his friends were attacked and her son was shot in the arm, his friend was shot in the face. Hana's son was able to make it to the family home; however, they had no medicine with which to treat his wounds. Hana's husband went to the pharmacy for medicine and was kidnapped, never to be heard from again. The family searched relentlessly for him in hospitals and police stations to no avail. With no news, a family member urged them to leave the country immediately for fear of another attempt on the life of the son. Hana's son is currently incapacitated because of his injured arm, however he was able to receive reconstructive surgery in February. Only one family member is currently able to work and the income is insufficient to meet their needs. However, during the visit Hana informed Commission staff that the family had just been notified by UNHCR that their case was approved for resettlement to the United States. CASE B: Rita, mother of 2 boys, is the head of the family since her husband was kidnapped in 2006 while she was pregnant. She came to Lebanon legally with her unmarried brother in June 2008. Her husband was a driver for the U.S. military. He received threatening letters, but never took them seriously. Rita’s mother had fled to Lebanon before her daughter after her own husband was murdered. Rita’s brother was traumatized by his father’s death and suffers from psychiatric complications. The family has no financial resources. Just two days prior to the meeting with Commission staff Rita had found a job in a textile factory working from 7 a.m. to 6 p.m. CASE C: Rana is a widow and the mother of 3 children. She came to Lebanon legally in May 2008. Her husband was a driver for the Christian Archbishopric in Iraq and was murdered in February 2008. Rana is severely traumatized. She is unable to care for herself and her children or to provide for them financially. Rana’s mother, who lives with her, suffers from cancer; she will be leaving soon for the United States. Rana hopes that she and her children can also be resettled to the U.S. with her mother. Caritas Shelter for Victims of Trafficking: In 2003, Caritas began implementing a program funded by the U.S. Department of State (G/TIP) for victims of trafficking. The program involves extensive cooperation with the General Security agency in Lebanon. According to Caritas, women migrant workers who are victims of trafficking have access to a safe house where they are able to escape their situation and consider future options, receive medical care, basic needs assistance, trauma counseling, legal aid, and counseling for future options in a supportive environment, and possible return to their country of origin or to a safe work situation in Lebanon. A 2005 survey conducted by Caritas/IPSOS found that 55 percent of migrant domestic workers in Lebanon face physical abuse, 39 percent are verbally abused and 17 percent are sexually abused. During the visit, staff met with a woman who had been brought to Lebanon to work for a wealthy family and faced unimaginable torture and abuse. As she recounted her story, she trembled with fear of the horror that she lived for five months before escaping. Upon arriving in Lebanon, her passport was taken, she was forced to work long hours without pay and was typically fed very little food. She was locked inside the house when the family for whom she was working was not at home. In addition to facing the aforementioned abuse, family members would take turns holding her down on the floor and burning her bare skin (body and face) with a hot iron. After enduring this severe trauma and torture for months, she escaped one day when the family was not home by jumping from a second story window. She has been living in the Caritas shelter since her escape. The International Catholic Migration Commission (ICMC): ICMC is the U.S. State Department's representative for processing refugees in Lebanon and works closely with the U.S. Embassy in Beirut and representatives of the Department of Homeland Security (DHS), in the conduct of screening interviews for those Iraqi refugees and others who seek resettlement to the United States. Just prior to the Commission staff visit, a DHS “circuit ride” of interview staff had been in residence at the Embassy compound conducting security interviews under very difficult circumstances – for both DHS and embassy staff. Security concerns require that all interviews must take place on the Embassy compound. Due to substantial space limitations and to ensure privacy for those being interviewed, Embassy and DHS personnel are required to operate in shifts, some lasting late into the night, in order to accommodate all applicants who travell to the Embassy each day. Under these trying circumstances, DHS personnel were nevertheless able to interview 920 applicants in a four week period. ICMC staff expressed gratitude not only for the DHS staff's fortitude under this grueling schedule, but also for their professionalism and compassion in dealing with those being interviewed. In order to alleviate these conditions, State and DHS should explore the possibility of permanently assigning one or two DHS interviewers to Embassy Beirut and providing additional housing and work space to accommodate their activities. Cultural Orientation: ICMC and the United States Refugee Program (USRP) conduct an intensive two day cultural orientation for Iraqi refugees who will be resettled to the United States. The cultural orientation is designed to provide Iraqis with a better understanding of what to expect once they arrive in the U.S. The following topics are covered in the ICMC-USRP cultural orientation training program: Cultural differences. The departure process and airport regulations. The nature of the IOM travel loan and the obligation to pay it back after arrival to the U.S. The responsibilities of the Resettlement Agency and the refugee during the first ninety days after the refugee’s arrival in the United States. Information on a refugee’s legal status until the acquisition of citizenship, including rights and restrictions of each status. Information on housing and transportation in the United States. The importance of learning and obeying the laws of the United States at federal and state level and the consequences of violating U.S. law. Information on the child and adult education system in the United States and the importance of learning English. The importance of finding and holding a job and understanding work values in the United States. Information on the health care system in the United States. Information on money management. Commission staff participated in an afternoon session during the first day of orientation for a group of Iraqis who had been approved for resettlement to the U.S. During the session participants raised the following questions: I have an international driver’s license; will that work in the United States? If both parents must work, who will watch the kids? Can I work right away when I get to the United States? Staff asked the group how they felt about relocating to the United States, (e.g. nervous, happy or fearful). Those who replied generally expressed apprehension. One gentleman said he won’t know until he’s “on the plane.” CONGRESS In July, Helsinki Commission Chairman, Congressman Alcee L. Hastings introduced the Iraqi Refugee and Internally Displaced Persons Humanitarian Assistance, Resettlement, and Security Act (H.R. 6496), comprehensive legislation that addresses this worsening situation. H.R. 6496 has been endorsed by more than 25 NGOs and religious organizations and does the following: Authorizes $700 million for each fiscal year beginning in 2009 through 2011 for the relief of Iraqi refugees and Internally Displaced Persons; Increases direct accountable bilateral assistance, as appropriate under U.S. law, and funding for international organizations and non-governmental organizations working in the region; Authorizes $500 million to increase humanitarian aid and infrastructure support for Jordan; and Urges increased cooperation between the United States Government and the international community to address this crisis. CONCLUSION Iraqi refugees in Syria, Lebanon and elsewhere in the region continue to suffer daily and are faced with unimaginable circumstances. While the American public does not see pictures of ‘refugee camps’ set up in host countries, there are millions of Iraqis struggling to survive each and every day. On the ground, desperation has set in and only worsened this humanitarian crisis. The politics of the war must be put aside by Congress and a ‘humanitarian surge’ must be implemented. This means the provision of substantially increased bi-lateral aid, as appropriate under U.S. law, to countries hosting Iraqi refugees and increased funding to international organizations and NGOs working in the region. A U.S. contribution of at least fifty percent of the amount requested for all UN appeals for funding to assist Iraqi refugees, and IDPs, would show U.S. leadership in addressing this crisis, and hopefully encourage increased contributions by other countries as well. The process for resettling Iraqi refugees to the United States must also be expedited. This is particularly critical for those Iraqis whose lives have been threatened because of their work for the United States. The United States should also show leadership in encouraging the international community to focus on this humanitarian crisis, recognize it for the potential security threat it poses, and take steps to alleviate the suffering Iraqi refugees. If a picture is really worth a thousand words, then all one must do is look into the face of an Iraqi refugee who has had a family member murdered, kidnapped, or tortured, and their own life threatened, to know that the United States must respond – security in the region and the future of the Middle East depend upon it.

  • Briefing on the Medical Evidence of Torture by U.S. Personnel

    Congressman Alcee L. Hastings (D-FL), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), held a briefing with Physicians for Human Rights (PHR), regarding the medical evidence of torture of detainees by U.S. personnel in Iraq, Afghanistan, and Guantanamo Bay.  Representatives of PHR presented their recently released report entitled, “Broken Laws, Broken Lives,” in which they documented individual cases of torture, the impact on detainees and made recommendations based on the findings of their investigation.

  • Guantanamo Detainees after Boumediene: Now What?

    The hearing reviewed the detainee-related policy issues – particularly for Guantanamo detainees -- that remain in the aftermath of the Supreme Court’s recent decision in Boumediene. Witnesses also had the opportunity to discuss a related question: what does Europe do with its terror suspects, and are there any lessons for the United States from the European experience? The Supreme Court ruled in a 5-4 decision in Boumediene v. Bush that foreign terrorism suspects held at the Guantanamo Bay detention facility have the right under the Constitution to challenge their detention in a U.S. civilian court.

  • Combating Sexual Exploitation of Children: Strengthening International Law Enforcement Cooperation

    The hearing examined current practices for sharing information among law enforcement authorities internationally and what concrete steps can be taken to strengthen that cooperation to more effectively investigate cases of sexual exploitation of children, including child pornography on the Internet. Despite current efforts, sexual exploitation of children is increasing globally. The use of the Internet has made it easier for pedophiles and sexual predators to have access to child pornography and potential victims. In May, the Senate Judiciary Committee passed the Combating Child Exploitation Act of 2008 (S.1738), which will allocate over one billion dollars over the next eight years to provide Federal, state, and local law enforcement with the resources and structure to find, arrest, and prosecute those who prey on our children.

  • The Forgotten: Iraqi Allies Failed by the U.S.

    The briefing focused on the efforts of "The List: Project to Resettle Iraqi Allies," a non-profit organization that helps resettle Iraqis who are at particular risk for having worked for the United States government and American organizations. It also examined the need for the United States to significantly increase its efforts to resettle these vulnerable Iraqi allies. Witnesses testifying at the briefing – including Kirk Johnson, Founder and Executive Director of The List Project; Christopher Nugent, Senior Counsel of Holland & Knight LLP; and Ibrahim, an Iraqi Citizen – provided testimonies of their own experiences with the role of the United States in assisting Iraqi refugees to emphasize the steps that should be taken to improve the efforts being made

  • Hate in the Information Age

    The briefing provided an overview of hate crimes and hate propaganda in the OSCE region, focusing on the new challenges posed by the internet and other technology. Mischa Thompson led the panelists in a discussion of the nature and frequency of hate crimes in the OSCE region, including the role of the internet and other technologies in the training, recruiting, and funding of hate groups. Panelists - Rabbi Abraham Cooper, Mark A. Potok, Christopher Wolf, Tad Stahnke – discussed how best to combat hate crimes and hate propaganda and highlighted internet governance issues in the United States and Europe and how the internet extensively contributes to hate propaganda. Issues such as free speech and content control were at the center of the discussion.

  • Los Angeles: The Regional Impacts and Opportunities of Migration

    Alcee Hastings and Hilda Solis, together with witnesses – Reverend Richard Estrada, Dr. Raúl Hinojosa-Ojeda, Ms. Lucy Ito, Mr. Kerry Doi, Ms. Angelica Salas, and Ms. Eun Sook Lee – discussed the challenges, best practices in existence, and positive aspects of migration. The witnesses, immigrants themselves, shared their personal stories of immigration and what it meant to live as minorities.

  • U.S. - Russian Relations: Looking Ahead to the Medvedev Administration

    This hearing examined the future of U.S-Russia bi-lateral relations with Medvedev’s administration. The hearing focused on the hopes of improved relations between the two countries in respect for the new Russian president’s attention for rule of law and human rights. However, witnesses discussed how President Medvedev may not be able to function independantly, given that the former President, Vladimir Putin, will be the Prime Minister. The witnesses and the Commissioners discussed the political situation in Moscow and how the U.S. should respond within the OSCE framework.

  • Clearing the Air, Feeding the Fuel Tank: Understanding the Link Between Energy and Environmental Security

    Congress has an obligation to work to ensure a healthy and safe environment for the benefit of current and future generations.  To reduce our dependence on fossil fuels and achieve a healthier environment, we need a multi-faceted approach that addresses the tangled web of issues involved.  We need to foster both energy independence and clean energy. Given rising sea levels, the increasing severity of storm surges, and higher temperatures the world over, the impact of global climate change is undeniable.  Unless we act now, we will see greater and greater threats to our way of life on this planet.

  • Crossing Boarders, Keeping Connected: Women, Migration and Development in the OSCE Region

    The hearing will focus on the impact of migration on family and society, the special concerns of migrant women of color, and the economic contributions of women migrants to their home country through remittances. According to the United Nations, women are increasingly migrating on their own as main economic providers and heads of households. While the number of women migrants is on the rise, little is known about the economic and social impact of this migration on their home country.

  • OSCE Partner States and Neighbors Overwhelmed By Iraqi Refugees: Band-Aid Solutions to Implosion in the Middle East?

    This hearing, chaired by Commissioner Alcee L. Hastings, focused on the Iraqi refugee crisis.  Witnesses from the U.S. Department of State, Homeland Security, the United Nations High Commissioner for Refugees testified on the overall situation.  The mayor of Sodertalje, Sweden, which has taken in 5% of all Iraqi refugees, testified about the strain on his town’s resources and the need for action to address the crisis.  A representative of the Arab Community Center for Economic and Social Service testified that many more resources were needed to successfully integrate Iraqi refugees into American communities.

  • Finnish OSCE Chairman-in-Office Outlines Priorities, Challenges for 2008

    By Ronald McNamara, International Policy Director Making an appearance on February 13th before the Helsinki Commission, early in Finland’s 2008 chairmanship of the OSCE, Minister for Foreign Affairs Ilkka Kanerva addressed a wide range of issues facing the Vienna-based organization and its 56 participating States. Kanerva, having served in parliament since 1975, the year in which the Helsinki Final Act was signed in the Finnish capital, stressed the unique contribution of parliamentarians in their role embodying “the aspirations of our peoples and to voice their concerns in all OSCE countries.” Chairman Alcee L. Hastings, President Emeritus of the OSCE Parliamentary Assembly, expressed appreciation for recognition of the parliamentary dimension of the Helsinki Process. Minister Kanerva noted, “The starting point of the Finnish Chairmanship is that the OSCE is a value-based organization that actively promotes our common values of democracy, human rights and the rule of law. We stress the full implementation of the human rights commitments by the participating States.” Chairman Hastings welcomed the emphasis on implementation especially given the mandate of the Helsinki Commission to monitor compliance with the common commitments accepted by all participating States regardless of when they joined the Helsinki Process. “We fully support and welcome Finland’s calls for greater effort by participating States to implement our common political commitments. Implementation is key, as the late President Gerald Ford underscored in his remarks in Finlandia Hall when he signed the Helsinki Accords on behalf of the United States. I am also mindful that all participating States, including this country, are obligated to translate words on paper into action and I welcome the scrutiny of others when our own policies and practices come up short,” said Hastings. Hastings and Kanerva had a lengthy exchange regarding developments in Kosovo and their implications for Balkans as well as the possibility of sustained OSCE engagement in the region. Kanerva, who had just returned from a visit to Belgrade and Priština, observed that the OSCE has played an important role in Kosovo -- in establishing and consolidating local institutions, in promoting democratization, the rule of law, as well as human and minority rights. “Because the OSCE has remained “status-neutral,” it has retained a unique ability to work with all ethnic communities in promoting stability and democratic development. It is my firm belief that the OSCE work in Kosovo is and will be beneficial to all Kosovars,” concluded the Minister. He continued, “The outcome of the status process could have a negative impact on the OSCE's engagement in Kosovo. You are well aware that the OSCE participating States remain deeply divided over the issue. This disagreement could lead to the current Mission’s termination. It would be a grave mistake for the OSCE and the entire international community if we were to leave it at that.” Chairman Hastings, who visited both Priština and the northern area around Mitrovitsa last June, remarked, “My overall concern comes again from personal experience. The OSCE mission in Kosovo complemented by the tremendous activities that the KFOR forces deployed to keep the peace there is one of, in my judgment, the most successful OSCE missions, capable of working with the various factions in that area. I always ask the question: if there was no OSCE mission or had not been there in recent years, what would be the situation on the ground there today? And how much closer would the parties be to arriving at a resolution of what is, by anybody's standards, a substantial conflict? Minister Kanerva stressed, “I am determined to ensure continued OSCE engagement in Kosovo regardless of the status process. I am aware of the fact that any participating State has the possibility to use a veto and to end the mandate of the present mission - the mission which at the moment comprises 800 people and which has an immense effect on the viability of the civil society. Should this happen, I am prepared to immediately start the negotiations on a revised mandate for the OSCE mission. I am convinced that all participating States agree on the need for continued OSCE engagement in Kosovo.” Regarding conflicts elsewhere in the OSCE region, Kanerva remarked, “The Finnish chairmanship has put the so-called frozen or protracted conflicts in Moldova, Georgia, and Nagorno-Karabakh at the top of our agenda. I will personally visit all of these regions. I have already nominated also a special envoy to survey the progress in the process. One of the first things I have already done was to visit Ukraine and Moldova, to examine possibilities to kick start the stalled negotiation on the Transdnistria conflict. The Government of Moldova and the leadership for Transdnistria indicate their willingness to reengage and I have tasked my special envoy to see what can be done to take the process forward. We have knowledge of the difficulties in front of us. But we can't give up.” Minister Kanerva announced his intention to visit the South Caucasus nations of Armenia, Azerbaijan and Georgia. Chairman Hastings asked Kanerva to raise concerns relating to media freedom in Azerbaijan, the subject of a Commission hearing late last year, and provided a list of specific cases. Numerous other human rights concerns were also discussed from combating anti-Semitism and trafficking in humans as well as promoting democracy. In prepared remarks, Co-Chairman Benjamin L. Cardin stressed the importance of sustained OSCE engagement in efforts to fight anti-Semitism. “In recent weeks we have convened a series of hearings to assess the ongoing work of the OSCE in this regard and have heard from experts. These sessions have confirmed the importance of maintaining a distinct focus on anti-Semitism, and resisting attempts by some to reduce the attention under some kinds of generic tolerance rubric. It has also become clear that the personal representatives need some form of meaningful support mechanism. Perhaps some arrangement could be put in place by the troika of past, present, and future OSCE chairs, to ensure continuity,” remarked Cardin. Similar concerns were echoed in a statement by Ranking Minority Member Christopher H. Smith, “I appeal to you, in your term as Chairman-in-Office, not to allow the OSCE to give in to this fatigue and indifference! Anti-Semitism remains what it has always been, a unique evil, a distinct form of intolerance, the oldest form of religious bigotry, and a malignant disease of the heart that has often led to murder. It continues to threaten our Jewish brothers and sisters, and so the OSCE must redouble its efforts in the fight against the scourge of anti-Semitism. Smith, the OSCE Parliamentary Assembly President’s Special Representative on Human Trafficking welcomed the commitment of the Finnish chairmanship to give priority attention to OSCE efforts to prevent human trafficking, with particular attention to child victims. Russia’s troubling attempts to restrict the scope and size of OSCE election observations missions was also raised. Minister Kanerva expressed disappointment that, despite a concerted effort by OSCE, an acceptable solution could not be worked out to enable the deployment of an observation mission to Russia for the March 2nd presidential elections. He outlined his views regarding observation of the entire election process. “It means candidate and voter registration, electoral campaign, media coverage, complaints and appeals. The ODIHR must continue to be in a position to determine the length and size of observation missions on professional grounds in order to produce meaningful assessments and recommendations benefiting the observed country.” Having headed monitoring missions to Azerbaijan, Belarus, Ukraine, and most recently Georgia, Chairman Hastings called for a timely invitation for OSCE to observe the upcoming November U.S. elections. Kanerva thanked Hastings for his leadership of the mission to Georgia in early January and underscored the importance of close cooperation between ODIHR and the OSCE PA. Turning to Afghanistan, an OSCE Partner for Cooperation country, the Chairman welcomed the role played by Finnish forces in the northern part of that country. Minister Kanerva reported that active discussions were underway among OSCE countries regarding the kinds of initiatives that might be undertaken to assist Afghanistan pursuant to a general decision agreed to by the Madrid OSCE Ministerial Council last November. Priority attention is being given to strengthening border security and management, including along the 750 mile border between Afghanistan and Tajikistan. “At the same time we are discussing whether the OSCE might eventually become active on Afghan territory,” said Kanerva. Before concluding the hearing, the Chairman-in-Office and Chairman Hastings touched on ways to enhance cooperation among the OSCE participating States and strengthen the organization. Hastings acknowledged the complex task of managing the OSCE given the diversity of countries and diverging views among some on fundamental aspects of the organization and its mission. The two agreed on the importance of engagement with Russia. One possibility raised by Chairman Hastings was the assembling of a “Council of Elder Statesmen” along the lines proposed by the Hamburg-based Centre for OSCE Research in its working paper, “Identifying the Cutting Edge: The Future Impact of the OSCE.” In an innovative move, the Finnish chairmanship has expanded the Troika – past, present, and future chairs – to include others slated to assume leadership of OSCE in future years. At the Madrid OSCE Ministerial Council agreement was reached on chairmanships for Greece in 2009, Kazakhstan in 2010 and Lithuania in 2011. “I have invited my colleagues from the future chairmanships of Kazakhstan and Lithuania,” Kanerva reported, “to meet with the current Troika countries Spain, Finland and Greece to develop ideas for longer-term priorities. I am convinced there are many issues where the "Quintet" can add value and lead to more coherent OSCE action in the next few years.” Minister Kanerva concluded, “The Helsinki Commission embodies the longstanding engagement of the United States with the OSCE and the values that underpin it. The OSCE can only work with the full engagement of its participating States. The United States has always played a key role, and must continue to do so, if we are to achieve the ambitious goals we have set for our Organization.”

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