Title

Next Steps for Refugee and Migrant Youth in Europe

Tuesday, January 23, 2018
10:00am
Capitol Visitor Center, Room SVC 203
Washington, DC
United States
Moderator(s): 
Name: 
Mischa Thompson
Title Text: 
Senior Policy Advisor
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Sofia Kouvelaki
Title: 
Executive Director
Body: 
The HOME Project
Name: 
Kathleen Newland
Title: 
Senior Fellow and Co-Founder
Body: 
Migration Policy Institute

"The reality is these children are not only Europe’s future, North Africa’s future, the Middle East’s future, we’re in a global world.  It’s also our future."
- Dr. Mischa Thompson, Senior Policy Advisor, Helsinki Commission

Although refugee and migrant arrivals to Europe have been declining since the beginning of the refugee crisis in 2015, thousands continue to arrive each year from countries throughout the Middle East and Africa, including Afghanistan, Syria, and Iraq. Of those, the number of youth whom arrive unaccompanied is increasing.  An estimated 15 to 20 percent of refugee and migrants are minors, and 5 percent unaccompanied. 

The situations that cause children to arrive in Europe alone are very complex, but experts agree that more must be done to see that they are protected, supported, and integrated. 

During the briefing, which highlighted the current situation of refugee and migrant youth in Europe, Sofia Kouvelaki, Executive Director of the Home Project in Athens, Greece, shared the story of two Syrian boys forced to leave their family and home in Syria. 

“Two Syrian brothers, Adnan and Ayaz, age 10 and 11 years old […] reported witnessing firsthand bombings, killings, decapitations, and all forms of violence,” she recounted. “In 2015, the father managed to send enough money to finance their move to Europe via smuggling networks.  Adnan and Ayaz had to walk all the way to the Turkish coast through very dangerous routes.  They report being physically and sexually abused by the trafficker along the way, as well as being held at a house for a month where we suspect they were repeatedly raped.” 

“They tried to reach to Greece three times,” she continued. “The first two failed and the kids were arrested and returned and detained in a Turkish refugee camp, where they experienced even more violence.  The third time, they managed to reach the Greek island of Chios [and] were detained for more than three months in a closed reception facility, co-existing with adults in horrible living conditions.” 

“The youngest of the two brothers attempted to hang himself using his own t-shirt.  His attempt failed because the t-shirt was torn.  The child was hospitalized with his brother for five hours at the local hospital and then returned to the detention center due to a lack of appropriate accommodation on the island.  We were notified by a volunteer regarding this case.  And in collaboration with the public prosecutor for minors and the local authorities, we went to Chios and escorted the kids to one of our shelters.  The kids are now safe, and they’re receiving a holistic network of services [at a Home Project shelter],” she concluded.

The story exemplifies the vulnerability of refugee and migrant youth traveling to Europe and the need for an increased focus on what expert Kathleen Newland, Co-Founder of the Migration Policy Institute, cited as some of the biggest problems: trafficking, detention, a lack of appropriate reception centers and shelters for children – circumstances that allow children to easily go missing.  “16-, 17-year-old boys form the bulk of this population,” she said.  “Unfortunately they are not seen as the most sympathetic group. People don’t necessarily think of almost adult males as being the most vulnerable.  But in fact, in Afghanistan, Syria, Iraq, they are the most vulnerable to forcible recruitment, to being killed in the context of these conflicts.” 

The Home Project offers a promising model for providing the basic needs of refugee and migrant youth- food, shelter, medical support, psychological support, psychiatric supervision, and tools for integration (language training, education, and employment).  It includes the Youth to Youth Program in collaboration with the American Community Schools of Athens with the goal being through education to connect the youth with employers.  According to Kouvelaki, “the ultimate goal is integration.”

Newland cited a number of measures that countries are supposed to be implementing in accordance with the Convention on the Rights of the Child and other policies to protect and integrate refugee and migrant youth.  However, a lack of capacity in some cases combined with a xenophobic political climate in the EU, including anti-migrant policies in Hungary and Poland, has resulted in less than expected progress since the height of refugees coming to Europe in 2015.  This is particularly concerning given Europe’s traditional leadership role on human rights, and assertions that well-integrated refugees and migrants might be the key to Europe’s economic future in the face of declining population growth in many countries.

Relevant countries: 
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  • Year in Review: 2010 Supplementary Human Dimension Meetings

    By Janice Helwig and Mischa Thompson, Policy Advisors Since 1999, the OSCE participating States have convened three “supplementary human dimension meetings” (SHDMs) each year – that is, meetings intended to augment the annual review of the implementation of all OSCE human dimension commitments. The SHDMs focus on specific issues and the topics are chosen by the Chair-in-Office. Although they are generally held in Vienna – with a view to increasing the participation from the permanent missions to the OSCE – they can be held in other locations to facilitate participation from civil society. The three 2010 SHDMs focused on gender issues, national minorities and education, and religious liberties. But 2010 had an exceptionally full calendar – some would say too full. In addition to the regularly scheduled meetings, ad hoc meetings included: A February 9-10 expert workshop in Mongolia on trafficking; A March 19 hate crimes and the Internet meeting in Warsaw; A June 10-11th meeting in Copenhagen to commemorate the 20th anniversary of the Copenhagen Document; A (now annual) trafficking meeting on June 17-18; and A high-level conference on tolerance June 29-30 in Astana. The extraordinary number of meetings also included an Informal Ministerial in July, a Review Conference (held in Warsaw, Vienna and Astana over the course of September, October, and November) and the OSCE Summit on December 1-2 (both in Astana). Promotion of Gender Balance and Participation of Women in Political and Public Life The first SHDM of 2010 was held on May 6-7 in Vienna, Austria, focused on the “Promotion of Gender Balance and Participation of Women in Political and Public Life.” It was opened by speeches from Kazakhstan's Minister of Labour and Social Protection, Gulshara Abdykalikova, and Portuguese Secretary of State for Equality, Elza Pais. The discussions focused mainly on “best practices” to increase women’s participation at the national level, especially in parliaments, political parties, and government jobs. Most participants agreed that laws protecting equality of opportunity are sufficient in most OSCE countries, but implementation is still lacking. Therefore, political will at the highest level is crucial to fostering real change. Several speakers recommended establishing quotas, particularly for candidates on political party lists. A number of other forms of affirmative action remedies were also discussed. Others stressed the importance of access to education for women to ensure that they can compete for positions. Several participants said that stereotypes of women in the media and in education systems need to be countered. Others seemed to voice stereotypes themselves, arguing that women aren’t comfortable in the competitive world of politics. Turning to the OSCE, some participants proposed that the organization update its (2004) Gender Action Plan. (The Gender Action Plan is focused on the work of the OSCE. In particular, it is designed to foster gender equality projects within priority areas; to incorporate a gender perspective into all OSCE activities, and to ensure responsibility for achieving gender balance in the representation among OSCE staff and a professional working environment where women and men are treated equally.) A few participants raised more specific concerns. 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They urged that civil servants, teachers, health workers, and police be trained on legislation relating to equality of opportunity for women as means of improving implementation of existing laws. An NGO representative from Kyrgyzstan spoke about increasing problems related to polygamy and bride kidnappings. Only a first wife has any legal standing, leaving additional wives – and their children - without social or legal protection, including in the case of divorce. The meeting was well-attended by NGOs and by government representatives from capitals. However, with the exception of the United States, there were few participants from participating States’ delegations in Vienna. This is an unfortunate trend at recent SHDMs. Delegation participation is important to ensure follow-up through the Vienna decision-making process, and the SHDMs were located in Vienna as a way to strengthen this connection. 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OSCE Contact Point for Roma and Sinti Issues Andrzej Mirga stressed the importance of early education in order to lower the dropout rate and raise the number of Roma children continuing on to higher education. Unfortunately, Roma children in several OSCE States are still segregated into separate classes or schools - often those meant instead for special needs children - and so are denied a quality education. Governments need to prioritize early education as a strong foundation. Too often, programs are donor-funded and NGO run, rather than being a systematic part of government policy. While states may think such programs are expensive in the short term, in the long run they save money and provide for greater economic opportunities for Roma. The meeting heard presentations from several participating States of what they consider their "best practices" concerning minority education. 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The Council of Europe representative raised concern over the high rate of illiteracy among Romani women, and advocated a study to determine adult education needs. Other NGOs talked about problems with minority education in several participating States. For example, Russia was criticized for doing little to provide Romani children or immigrants from Central Asia and the Caucasus support in schools; what little has been provided has been funded by foreign donors. Charles Rose discussed the U.S. Administration's work to increase the number of minority college graduates. Outreach programs, restructured student loans, and enforcement of civil rights law have been raising the number of graduates. As was the case of the first SHDM, with the exception of the United States, there were few participants from participating States’ permanent OSCE missions in Vienna. 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Speakers included ODIHR Director Janez Lenarcic, Ambassador-at-large from the Ministry of Foreign Affairs of the Republic of Kazakhstan, Madina Jarbussynova, United Nations Special Rapporteur on Freedom of Religion or Belief, Heiner Bielefeldt, and Apostolic Nuncio Archbishop Silvano Tomasi of the Holy See. Issues raised throughout the meeting echoed concerns raised during at the OSCE Review Conference in September-October 2010 regarding the participating States’ failure to implement OSCE religious freedom commitments. Topics included the: treatment of “nontraditional religions,” introduction of laws restricting the practice of Islam, protection of religious instruction in schools, failure to balance religious freedom protections with other human rights, and attempts to substitute a focus on “tolerance” for the protection of religious freedoms. Notable responses to some of these issues included remarks from Archbishop Silvano Tomasi that parents had the right to choose an education for their children in line with their beliefs. His remarks addressed specific concerns raised by the Church of Scientology, Raelian Movement, Jehovah Witnesses, Catholic organizations, and others, that participating States were preventing religious education and in some cases, even attempting to remove children from parents attempting to raise their children according to a specific belief system. Additionally, some speakers argued that religious groups should be consulted in the development of any teaching materials about specific religions in public school systems. 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An environment in which religious or belief communities are encouraged to respect each other but in which, for example, all religions are prevented from engaging in teaching, or establishing places of worship, would amount to a violation of freedom of religion or belief.” Statements by the United States made during the meeting also addressed many of these issues, including the use of religion laws in some participating States to restrict religious practice through onerous registrations requirements, censorship of religious literature, placing limitations on places of worship, and designating peaceful religious groups as ‘terrorist’ organizations. Additionally, the United States spoke out against the introduction of laws and other attempts to dictate Muslim women’s dress and other policies targeting the practice of Islam in the OSCE region. 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Kazakh speakers acknowledged that more needed to be done to fulfill OSCE religious freedom commitments and that it had been a missed opportunity for Kazakhstan not to do more during its OSCE Chairmanship. In particular, speakers noted that religious freedom rights went beyond simply ‘tolerance,’ and raised ongoing concerns with registration, censorship, and visa requirements for ‘nontraditional’ religious groups. (The full report can be found on the website of the Norwegian Helsinki Committee.) A Seminar on Freedom of Religion and Belief for civil society members also took place on December 7-8 prior to the SHDM. The purpose of the Seminar was to assist in developing the capacity of civil society to recognize and address violations of the right to freedom of religion and belief and included an overview of international norms and standards on freedom of religion or belief and non-discrimination.

  • Northern Cyprus

    Mr. President, I rise today to return to the issue of the legacy of the invasion and ongoing occupation of Northern Cyprus and related human rights violations in the region. The disruption of a Christmas liturgy at the Orthodox Church of Agios Synesios, in Rizokarpaso, by the security services is appalling and should be roundly condemned by people of good will. The town, located in the Karpas region, is an anchor for the remnant of the once thriving Greek Cypriot community, now numbering several hundred mainly aged souls. The faithful had gathered at the church one of only a handful of Orthodox places of worship in the occupied area to have survived intact for a rare service. According to reports, members of the security services entered the church while the liturgy was being celebrated, ordered a halt to the religious service, and forced the worshipers and the priest out of the building before locking the doors. This sad turn of events has become all too familiar in a region under the effective control of the Turkish military. Of the 500 Orthodox Christian churches, monasteries, chapels and other sacred sites in the north, nearly all have sustained heavy damage, with most desecrated and plundered, including cemeteries. A mere handful, including the Church of Agios Synesios, may occasionally be used for religious services depending upon the whims of the local authorities and the military. The disruption of the Christmas Day liturgy is an affront to the dignity of those attending the service and is part of a disturbing pattern of violation of OSCE commitments on the fundamental freedom of religion, including the right of religious communities to maintain freely accessible places of worship. A related concern has been the tendency of State Department reports to downplay the difficulties faced by Orthodox Christians seeking to conduct services in northern Cyprus as well as the extent of the region's rich religious cultural heritage. I raised my concerns over the denial of religious freedom in occupied Cyprus when the Committee on Foreign Relations held a nomination hearing for the position of Ambassador-At-Large for International Religious Freedom and will continue to closely monitor the situation in that part of Cyprus . Under my chairmanship of the Commission on Security and Cooperation in Europe we undertook an examination of the destruction of religious cultural heritage in that part of Cyprus . Our findings, along with expert testimony were presented at a Commission briefing, "Cyprus' Religious Cultural Heritage in Peril'' held on July 21, 2009. I encourage my colleagues and other interested parties to review the materials from that event, available on the Commission's Web site, www.csce.gov. A Law Library of Congress report: "Cyprus: Destruction of Cultural Property in the Northern Part of Cyprus and Violations of International Law" was also released at the briefing. In addition to documenting the extensive destruction of such sites, the briefing also touched on infringements of the rights of Orthodox Christians in Northern Cyprus to freely practice their religion. Those responsible for the interruption and abrupt forcible ending of the Christmas service at the Church of Agios Synesios should issue a formal apology for the boorish act of repression and I call upon all authorities in northern Cyprus to remove restrictions on the free exercise of freedom of religion and other basic human rights in this part of the country under their control.  

  • Northern Cyprus

    Mr. CARDIN. Mr. President, I rise today to return to the issue of the legacy of the invasion and ongoing occupation of Northern Cyprus and related human rights violations in the region. The disruption of a Christmas liturgy at the Orthodox Church of Agios Synesios, in Rizokarpaso, by the security services is appalling and should be roundly condemned by people of good will. The town, located in the Karpas region, is an anchor for the remnant of the once thriving Greek Cypriot community, now numbering several hundred mainly aged souls. The faithful had gathered at the church one of only a handful of Orthodox places of worship in the occupied area to have survived intact for a rare service. According to reports, members of the security services entered the church while the liturgy was being celebrated, ordered a halt to the religious service, and forced the worshipers and the priest out of the building before locking the doors. This sad turn of events has become all too familiar in a region under the effective control of the Turkish military. Of the 500 Orthodox Christian churches, monasteries, chapels and other sacred sites in the north, nearly all have sustained heavy damage, with most desecrated and plundered, including cemeteries. A mere handful, including the Church of Agios Synesios, may occasionally be used for religious services depending upon the whims of the local authorities and the military. The disruption of the Christmas Day liturgy is an affront to the dignity of those attending the service and is part of a disturbing pattern of violation of OSCE commitments on the fundamental freedom of religion, including the right of religious communities to maintain freely accessible places of worship. A related concern has been the tendency of State Department reports to downplay the difficulties faced by Orthodox Christians seeking to conduct services in northern Cyprus as well as the extent of the region's rich religious cultural heritage. I raised my concerns over the denial of religious freedom in occupied Cyprus when the Committee on Foreign Relations held a nomination hearing for the position of Ambassador-At-Large for International Religious Freedom and will continue to closely monitor the situation in that part of Cyprus . Under my chairmanship of the Commission on Security and Cooperation in Europe we undertook an examination of the destruction of religious cultural heritage in that part of Cyprus . Our findings, along with expert testimony were presented at a Commission briefing, ``Cyprus' Religious Cultural Heritage in Peril'' held on July 21, 2009. I encourage my colleagues and other interested parties to review the materials from that event, available on the Commission's Web site, www.csce.gov. A Law Library of Congress report: ``Cyprus : Destruction of Cultural Property in the Northern Part of Cyprus and Violations of International Law'' was also released at the briefing. In addition to documenting the extensive destruction of such sites, the briefing also touched on infringements of the rights of Orthodox Christians in Northern Cyprus to freely practice their religion. Those responsible for the interruption and abrupt forcible ending of the Christmas service at the Church of Agios Synesios should issue a formal apology for the boorish act of repression and I call upon all authorities in northern Cyprus to remove restrictions on the free exercise of freedom of religion and other basic human rights in this part of the country under their control.

  • OSCE 2010 Informal Ministerial: Kazakhstan Persistence Earns a Summit in Astana

    By Winsome Packer Policy Advisor Kazakhstan hosted its long-sought OSCE Informal Ministerial in Almaty July 16-17, 2010, the realization of a key aim of its Chairmanship. A second important objective of the Kazakh Chairmanship: a summit on Kazakh soil during 2010, came closer to realization during the meeting. An Astana Summit would be the OSCE’s first since the 1999 Istanbul Summit, which yielded the Adapted Conventional Armed Forces Treaty. Early and persistent calls for “substance before summit” by the U.S. Delegation and other participating States had put in doubt both the informal ministerial and the summit for months. However, a number of the participating States argued for the high level attention to wide-spread security challenges in the OSCE region and the erosion of OSCE values in some quarters. Ten years after the last OSCE summit, they argued, necessitated a meeting of heads of states and governments to reaffirm the participating States’ commitment to the organization’s values and agree on a way forward to tackle the challenges confronting the region today. Thus, six months of, at times, heated informal Corfu dialogue on security challenges in the OSCE region, which was mandated by the Athens Ministerial Declaration, yielded more than 50 “food for thought” papers from the participating States, the Parliamentary Assembly, the OSCE Secretariat, the Partners for Cooperation, think tanks and non-governmental organizations. The thematic papers evolved into an Interim Report during June, which incorporated the proposals submitted within the Corfu Process. It formed the basis for the agenda at the Almaty Informal Ministerial and for the Summit which will be held in Astana December 1-2, 2010. The Almaty Informal Ministerial saw the participation of more than forty foreign ministers, including from the Russian Federation, France, Germany, Canada, Spain, Portugal, Poland, Georgia, Turkey, Austria, and Ukraine. The Parliamentary Assembly’s delegation included President Petros Efthymiou, and Secretary General Spencer Oliver. The U.S. delegation was headed by Deputy Secretary of State James Steinberg who, in a bilateral meeting with the Kazakhstanis on July 16, affirmed U.S. support for an OSCE summit this year. The joining of consensus on the summit decision by the United States elicited private expressions of relief from many delegates, and heightened expectations for the summit which would reflect the outcome of the Corfu Process: a declaration and an action plan. The Chair-in-Office requested that the OSCE delegations work toward these aims throughout the summer. During the meeting, delegates voiced support for the summit, to be held in Astana. A majority of the participating States urged OSCE support for Kyrgyzstan, in particular, through the deployment of a police mission. The United States and many delegates stated that the substance of the summit should be based upon the four proposals put forward by the European Union to: (1) bolster the OSCE’s capabilities in all three dimensions to promote early warning, conflict prevention and resolution, crisis management and post-conflict rehabilitation, including in relation to the protracted conflicts; (2) strengthen implementation and follow-up of OSCE norms, principles and commitments in particular, human dimension commitments covering human rights and fundamental freedoms, including freedom of the media; (3) enhance the conventional arms control framework, including confidence and security building measures, through updating the 1999 Vienna Document and the Conventional Forces in Europe Treaty); and (4) increase attention to transnational threats in all three OSCE dimensions. Some delegates also called for a summit to: focus on instability in Afghanistan; intensify efforts to resolve protracted conflicts in the region, and address nuclear terrorism and the proliferation of nuclear and weapons of mass destruction. The United States called for greater military transparency, implementation of human dimension commitments and addressing inter-ethnic conflict in Kyrgyzstan. The U.S. delegation also expressed support for the expeditous deployment of a police force to Kyrgyzstan and for an action plan for the future work of the participating States. In addition to supporting the European Union’s four summit process proposals, the United States also expressed support for a focus on Afghanistan. A Chair’s Perception Paper, resulting from the informal ministerial, incorporated these concerns. Russian Foreign Minister Sergei Lavrov reiterated Russia’s support for the summit “this year.” He urged the involvement of other regional and sub-regional leaders in addressing the Kyrgyzstan situation. He expressed hope that action would be taken on Russia’s proposal for a European Security Treaty (EST) and that it would not merely remain a “subject for discussion.” Lavrov said that the summit document should reflect the post Cold War situation and the security system that emerges should be “free of dividing lines.” He said that Russia was studying NATO’s response to the EST proposal and underlined that the summit should give strong, political impetus for supporting Kyrgyzstan. Concurrent with the Informal Ministerial, draft decisions on the holding of an OSCE summit during 2010 and draft decisions on the agenda and modalities of the summit and agenda and modalities for a review conference were circulated. The review conference would be held in Vienna, Warsaw, and Astana. Negotiations on the draft decisions began on July 19.

  • Iraqis Face Threat

    The United States has a "moral obligation" to resettle tens of thousands of Iraqis who helped U.S. troops and civilian groups and who now face death threats from al Qaeda terrorists, members of Congress told Secretary of State Hillary Rodham Clinton and Defense Secretary Robert M. Gates. In letters to the two Cabinet members, the seven senators and 15 House members complained that the Obama administration is moving too slowly to grant visas to the doomed Iraqis and blamed bureaucrats for narrowly applying a law designed to relocate the Iraqis to the United States. They also warned Mrs. Clinton and Mr. Gates that time is running out, as the deadline for the end of U.S. combat operations looms at the end of August. The United States plans to draw down its 64,000 soldiers in Iraq to 50,000 and switch to a training and advisory role with the Iraqi army until a complete U.S. troop withdrawal by Dec. 31, 2011. "Resettlement to the United States could be the only safe option for thousands of our Iraqi employees," said Sen. Benjamin L. Cardin, Maryland Democrat and chairman of the congressional Commission on Security and Cooperation in Europe, who organized the letters with Co-chairman Rep. Alcee L. Hastings, Florida Democrat. "The United States has a moral obligation to stand by those Iraqis who have risked their lives and the lives of their families to stand by us in Iraq for the past seven years, and doing so is also in our strategic self interest," the letters said. "Providing support for our Iraqi allies will advance U.S. national security interests around the world, particularly in Afghanistan, by sending a message that foreign nationals who support our work abroad can expect some measure of protection." Al Qaeda and other terrorists have threatened to kill the Iraqis who aided the United States, denouncing them as traitors and collaborators. The members of Congress called for swifter processing of the 15,000 visas authorized under the Special Immigrant Visa Program, which has approved visas for only 2,145 Iraqis. They complained that U.S. consular officers are misinterpreting the program by considering only Iraqis who worked directly for the U.S. Embassy or for U.S. contractors and subcontractors and denying visas to Iraqis who worked for U.S.-funded nongovernmental organizations. Besides Mr. Cardin and Mr. Hastings, the signatories of the letter included Sen. Richard J. Durbin, Illinois Democrat and assistant majority leader; Sen. Richard G. Lugar, Indiana Republican and the ranking member of the Senate Foreign Relations Committee; and Rep. Howard L. Berman, California Democrat and chairman of the House Foreign Affairs Committee. AFRICAN STAR The story of Africa is too often written in blood by tyrants who oppress their people while enriching themselves. However, one nation in southern Africa has been the exception for decades. Botswana is a peaceful, democratic nation, prosperous by African standards. One of Botswana's best leaders is coming to Washington to serve as a public policy scholar at the Woodrow Wilson International Center for Scholars. Festus Mogae, president from 1998 to 2008, will study the way governments deal with AIDS, the deadly virus that ravaged the continent. "I look forward to interacting with knowledgeable people informed on issues in HIV/AIDS in Africa in the Wilson Center and around Washington," Mr. Mogae said last week after the Wilson Center announced his appointment. Mr. Mogae has been widely recognized for his efforts to combat AIDS and promote democracy. "We are delighted to welcome one of the world's most progressive leaders on the HIV/AIDS pandemic," said Steve McDonald, director of the Wilson Center's Africa program.

  • Copenhagen Anniversary Conference

    By Orest Deychakiwsky, Policy Advisor Representatives from a majority of the 56 OSCE participating States and several dozen non-governmental organizations (NGOs) gathered in Copenhagen on June 10-11 to mark the 20th anniversary of the adoption of the 1990 Copenhagen Document and to assess implementation of key provisions of that landmark document. The anniversary conference, titled “20 years of the OSCE Copenhagen Document: Status and Future Perspectives,” was co-organized by the Kazakhstani OSCE Chairmanship and Denmark, and held at the Eigtveds Pakhus, Danish Ministry of Foreign Affairs. Michael Haltzel led the U.S. delegation, which was joined by U.S. Ambassador to the OSCE, Ian Kelly and representatives from the OSCE Mission in Vienna, the State Department and the Helsinki Commission. Five substantive working sessions, reflecting some of the major themes of the groundbreaking Copenhagen Document, were held: Democratic processes – elections and human rights; Rule of Law; National Minorities; Freedom of Movement; and Measures to improve implementation of the human dimension commitments. Many speakers highlighted the historic importance of the Copenhagen Document, which offered a blueprint for pluralistic democratic development, rooted in the rule of law and protection of human rights, throughout the OSCE region – a revolutionary document at the time and one that remains highly relevant two decades later. The June 1990 Copenhagen Meeting came at a unique time in history when dramatic changes were taking place; the fall of the Berlin Wall and subsequent collapse of one-party regimes in Eastern Europe had taken place only months earlier. And the following year – 1991 -- witnessed the emergence of 15 independent states with the dissolution of the Soviet Union. Truly, those were dynamic days during which sweeping new commitments -- which would have been impossible to garner consensus for years or even months prior -- received universal support. Indeed, it is questionable as to whether consensus to the Copenhagen agreement would be found today, given the democratic and human rights backsliding that has occurred in a number of participating States. The Copenhagen Document underlines the centrality of political pluralism, civil society and human rights as fundamental elements of functioning democracies. As Ambassador Max Kampelman, the head of the U.S. delegation to the 1990 conference summed it up, “In effect, the Copenhagen document represents the first formal proclamation, by the States themselves, of a Europe both whole and free.” It identified the protection of human rights and fundamental freedoms as one of the basic purposes of government and acknowledged that democracy is an inherent element of the rule of law. Among the achievements of the Copenhagen Document were the far-reaching commitments on democratic elections which laid the groundwork for the OSCE’s future activities with respect to election observation. Copenhagen also represented a significant step forward with respect to the protection of minorities, and for the first time there was a direct reference to Roma and to anti-Semitism. While participants at the anniversary meeting underscored the significant progress over the last 20 years, many also called for fuller compliance with the Copenhagen commitments, noting, for instance, backsliding in holding democratic elections in some participating States; suppression of civil society, including independent media, NGOs and human rights defenders; the deficit of impartial and independent justice; and the lack of separation of powers – especially the concentration of power in the executive. The last session of the conference discussed measures to improve implementation of human dimension commitments, including the prevention of human rights violations through the use of reporting before the violations occur; enhancement of standards and commitments; strengthened monitoring mechanisms, including a U.S. proposal to dispatch special representatives to investigate reports of egregious human rights violations and make corrective recommendations before the violations become entrenched; and improved cooperation with, and involvement of, civil society actors in advancing democracy, human rights and the rule of law. Ultimately, however, compliance with existing standards enshrined in the Copenhagen Document, the Helsinki Final Act and all other OSCE commitments remains the primary responsibility of the participating State.

  • No Way Home, No Way to Escape: The Plight of Iraqi Refugees and Our Iraqi Allies

    This hearing, chaired by Sen. Benjamin L. Cardin (D-MD), focused on Iraqi nationals displaced by conflict. Commissioner Cardin asserted the continued need for action on this issue.  Witnesses from federal agencies and non-governmental organizations testified that many Iraqi refugees were having difficulty supporting themselves, as they were not allowed to work in their host countries.  Moreover, most felt that the current situation in Iraq remained too unstable for them to return.

  • OSCE Parliamentary Assembly Session in Oslo

    Mr. CARDIN. Mr. President, I want to report on the activities of a bicameral, bipartisan congressional delegation I had the privilege to lead last week as chairman of the Helsinki Commission. The purpose of the trip was to represent the United States at the 19th Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, otherwise known as the OSCE PA. The annual session this year was held in Oslo, Norway, and the U.S. delegation participated fully in the assembly's standing committee, the plenary sessions, the three general committees and numerous side events that included discussion of integration in multiethnic societies and addressing gender imbalances in society.  Although some last-minute developments at home compelled him to remain behind, our colleague from the other Chamber, Mr. Alcee Hastings of Florida, was present in spirit as the deputy head of the delegation. Mr. Hastings, who co-chairs the Helsinki Commission, was very active in the preparations for the trip, and his legacy of leadership in the OSCE PA--for over a decade--is tangible in the respect and goodwill afforded the United States during the proceedings.  Our assistant majority leader, Mr. Durbin of Illinois, joined me on the trip, as he did last year. Our colleague from New Mexico who serves as a fellow Helsinki Commissioner, Mr. Udall, also participated. Helsinki Commissioners from the other Chamber who were on the delegation include Mr. Christopher Smith of New Jersey, serving as the ranking member of the delegation, as well as Mrs. Louise McIntosh Slaughter of New York, and Mr. Robert Aderholt of Alabama. Although not a member of the Helsinki Commission, Mr. Lloyd Doggett of Texas has a longstanding interest in OSCE-related issues and also participated on the delegation.  As many of you know, the OSCE Parliamentary Assembly was created within the framework of the OSCE as an independent, consultative body consisting of over 300 Parliamentarians from virtually every country in Europe, including the Caucasus, as well as from Central Asia, and the United States, and Canada. The annual sessions are held in late June/early July as the chief venue for debating issues of the day and issuing a declaration addressing human rights, democratic development and the rule of law; economic cooperation and environmental protection; and confidence building and security among the participating states and globally.  This active congressional participation helps ensure that matters of interest to the United States are raised and discussed. Robust U.S. engagement has been the hallmark of the Parliamentary Assembly since its inception nearly 20 years ago.  The theme for this year's annual session was ``Rule of Law: Combating Transnational Crime and Corruption.'' In addition to resolutions for each of the three general committees, delegations introduced a total of 35 additional resolutions for consideration, a record number, including 4 by the United States dealing with:  Nuclear security , which followed up directly on the Nuclear Summit here in Washington in April;  The protection of investigative journalists, a critical human rights issue as those who seek to expose corruption are targeted for harassment or worse;  Mediterranean cooperation, building on the OSCE partnerships to engage important countries in North Africa and the Middle East; and  Combating the demand for human trafficking and electronic forms of exploitation, a longstanding Helsinki Commission issue requiring persistence and targeted action.  U.S. drafts on these relevant, important topics received widespread support and were adopted with few if any amendments.  Beyond these resolutions, the United States delegation also undertook initiatives in the form of packages of amendments to other resolutions. These initiatives addressed:  The needs of the people of Afghanistan in light of the smuggling and other criminal activity which takes place there. The struggle for recovery stability and human rights in Kyrgyzstan, which is an OSCE state in the midst of crisis. And  Manifestations of racism and xenophobia that have become particularly prevalent in contemporary Europe. A critical U.S. amendment allowed us generally to support a French resolution that usefully addressed issues relating to the closure of the detention facility in Guantanamo Bay. Still other amendments coming from specific members of the U.S. Delegation covered a wide range of political, environmental and social issues relevant to policymakers. My colleagues and I were also active in the successful countering of amendments that would have steered resolutions on the Middle East and on the future of the OSCE multilateral diplomatic process in directions contrary to U.S. policy.  Beyond the consideration of the resolutions which now comprise the Oslo Declaration, the annual session also handled some important affairs for the OSCE PA itself. These, too, had relevance for U.S. policy interests:  the American serving as OSCE PA Secretary General, Spencer Oliver, was reappointed to a new 5-year term; a modest--and for the third fiscal year in a row--frozen OSCE PA budget of about $3 1/2 million was approved that requires continued and unparalleled efficiency in organizing additional conferences, election observation missions, and various other activities that keep the Parliamentary Assembly prominently engaged in European and Central Asian affairs;  in addition to my continued tenure as a vice president in the Parliamentary Assembly, Mr. Aderholt of Alabama was reelected as the vice chair of the general committee dealing with democracy, human rights, and humanitarian questions which ensures strong U.S. representation in OSCE PA decision-making; and a Greek parliamentary leader defeated a prominent Canadian senator in the election of a new OSCE PA president, following a vigorous but friendly campaign that encouraged the assembly to take a fresh look at itself and establish a clearer vision for its future.  While the congressional delegation's work focused heavily on representing the United States at the OSCE PA, we tried to use our presence in Europe to advance U.S. interests and express U.S. concerns more broadly. The meeting took place in Norway, a very close friend and strong, long-time ally of the United States of America. In discussions with Norwegian officials, we expressed our sorrow over the recent deaths of Norwegian soldiers in Afghanistan. We also shared our concerns about climate change and particularly the impact global warming has on polar regions  Indeed, on our return we made a well-received stop on the archipelago of Svalbard, well north of the Arctic Circle, to learn more about the impact firsthand, from changing commercial shipping lanes to relocated fisheries to ecological imbalance that make far northern flora and fauna increasingly vulnerable. The delegation also visited the Svalbard Global Seed Vault, a facility that preserves more than 525,000 types of seeds from all over the world as a safeguard for future crop diversity, and took the opportunity to donate additional U.S. seeds to the collection.  Norway is located close to a newer, but also very strong, ally with close ties to the United States, Estonia. Since last year's delegation to the OSCE PA Annual Session went to Lithuania and included Latvia as a side trip, I believed it was important to utilize the opportunity of returning to northern Europe to visit this Baltic state as well.  While some remained in Oslo to represent the United States, others traveled to Tallinn, where we had meetings with the President, Prime Minister, and other senior government officials, visited the NATO Cooperative Cyber-Defense Center of Excellence and were briefed on electronic networking systems that make parliament and government more transparent, efficient and accessible to the citizen. Estonia has come a long way since it reestablished its independence from the Soviet Union almost 20 years ago, making the visit quite rewarding for those of us on the Helsinki Commission who tried to keep a spotlight on the Baltic States during the dark days of the Cold War.  During the course of the meeting, the U.S. delegation also had bilateral meetings with the delegation of the Russian Federation and a visiting delegation from Kyrgyzstan to discuss issues of mutual concern and interest.  U.S. engagement in the OSCE Parliamentary Assembly sends a clear message to those who are our friends and to those who are not that we will defend U.S. interests and advance the causes of peace and prosperity around the world.

  • A Decade of the Trafficking in Persons Report

    Senator Benjamin L. Cardin convened a standing-room only hearing centered on the diplomatic impact of the Trafficking in Persons (TIP) Report.  The hearing focused on the ten years that the annual TIP report has been prepared by the State Department. Improvements to TIP-related efforts were suggested, such as working more closely with the Tier 2 Watch List countries in the OSCE Region, – Azerbaijan, Moldova, the Russian Federation, Tajikistan, Turkmenistan, and Uzbekistan – helping them to implement the changes necessary to meet the minimum standards and to avoid statutory downgrades which will otherwise be required in next year’s TIP report. Witnesses testifying at this hearing – including Luis CdeBaca, Ambassador at Large of the U.S. Department of State Office to Monitor and Combat Trafficking in Persons; Maria Grazia Giammarinaro, Special Representative and Coordinator for Combating Trafficking in Human Beings of the Organization for Security and Cooperation in Europe; Jolene Smith, CEO & Co-Founder of Free the Slaves; and Holly J. Burkhalter, Vice President for Government Relations of the International Justice Mission – explored ways to potentially create extra-territorial jurisdiction for trafficking cases.  They also focused on ways to deter demand for trafficking victims in all countries, including Tier 1 countries.

  • Global Threats, European Security and Parliamentary Cooperation

    From nuclear security to climate change, global terrorism to anti-corruption efforts, this hearing examined what parliamentarians can do to work together on some of the most significant challenges facing the world. Members addressed European and Central Asian security concerns, including unresolved conflicts in the Balkans and elsewhere, and considered how international parliaments can cooperate to address challenges related to trafficking, tolerance, and democratic development, including elections and media freedom.

  • Mitigating Inter-Ethnic Conflict in the OSCE Region

    This hearing, presided over by Sen. Benjamin Cardin, discussed the Helsinki Process’s role in mitigating inter-ethnic conflict in the OSCE region. The hearing discussed the situation in Kyrgyzstan, ethnic conflicts in the Caucasus, the still-lingering effects of the 1944 mass deportation of Crimean minorities, and ethnic cleansing in Bosnia. Witnesses at the hearing included Heidi Tagliavani, Ambassador and Under Secretary of State for Switzerland and head of the European Union investigation of the 2008 Russia-Georgia conflict; Peter Semneby, Special Representative for the South Caucasus for the European Union; and Mr. Soren Jessen-Petersen, former Special Representative for Kosovo for the United Nations.

  • 2009 OSCE Mediterranean Conference in Cairo is a Sucess

    By Alex Johnson, Policy Advisor and Marlene Kaufmann, General Counsel In December 2009, Commission staff attended the 2009 OSCE Mediterranean Conference on “The Mediterranean Partners and the OSCE: Cooperation Toward Enhanced Security and Stability” in Cairo, Egypt. This conference brought together 33 of the 56 OSCE participating States, four of the Asian Partners for Cooperation (Australia, South Korea, Japan, and Thailand), and representation from all of the Mediterranean Partners for Cooperation. The Palestinian National Authority attended at the invitation of the host government. The conference featured three sessions focusing on the politico-military aspects of security in the OSCE area, implications of the current financial crisis on migration, and prospects for OSCE Mediterranean Cooperation. These sessions featured presentations from Mediterranean Partner OSCE delegations, academics, international organizations, and relevant ministry representatives. Participation in this conference was at a high level with the majority of the participating States and all of the Mediterranean Partners for Cooperation represented by their Ambassadors to the OSCE. Members of the Parliamentary Assembly of the OSCE in attendance included a Vice-President and officers of two of the Assembly’s General Committees. Discussion in all of the sessions was lively with active participation by the Ambassadors, particularly those representing the Mediterranean Partners, as well as other public and private sector participants. A number of themes emerged across the sessions including agreement that the partnership between the OSCE participating States and their Mediterranean Partners has strengthened. The establishment of the Partnership Fund and the Athens’ Ministerial invitation to the Partners to contribute to the Corfu Process are largely attributed with bolstering the strength of the Partnership. Findings included a future activity emphasis on specific areas of cooperation by setting both short and long-term goals and providing a mechanism to assess effectiveness. In addition, the OSCE Mediterranean Partnership should undertake its work in coordination with other regional organizations and institutions, through which the possibility of expanding the Partnership could be considered. Session 1: Politico-military aspects of security in the OSCE area and the Mediterranean The session’s moderators were Ambassador Ian Cliff, Head of the delegation of the United Kingdom to the OSCE and Ambassador Taous Feroukhi, Permanent Representative of Algeria to the OSCE. Panelists included Mr. Pascal Heyman, Deputy Director of the OSCE Conflict Prevention Center, Ambassador Gyorgy Molnar, Head of the Permanent Mission of the Republic of Hungary to the OSCE, and Dr. Mostafa Elwy Saif, Professor and Chairman of the Department of Political Science, Cairo University and Member of the Shura Council. Ambassador Cliff opened the discussion by pointing out that the OSCE had developed expertise on crisis prevention and conflict resolution, particularly regarding protracted conflicts. He believes there has recently been some incremental progress. Pascal Heyman emphasized that the OSCE has developed a unique conflict prevention and resolution expertise through constant political dialogue, dedicated crisis management mechanisms such as fact-finding missions, the Conflict Prevention Center, confidence and security building measures and the establishment of field operations. While these are effective tools, Heyman maintained that workable and lasting conflict resolution depends ultimately on the political will of the participating States and the parties in a conflict. Ambassador Molnar spoke to the destabilizing consequences of transnational or multi-dimensional threats to security in the OSCE space. He noted that participating States are attempting to address these threats through the Maastricht Strategy and decisions adopted at both the Madrid and Athens Ministerials regarding transnational threats, combating terrorism, and promoting effective law enforcement and police training programs. Dr. Saif presented a detailed review of Egypt’s political and military security concerns and concluded that the primary challenges to his country’s security stem from the Israeli-Palestinian conflict, Iran’s regional and nuclear ambitions, water shortages, the political situations in Iraq and Afghanistan, and the proliferation of weapons of mass destruction in the Middle East. Ambassador Feroukhi said that the absence of a dedicated institutional forum in the Mediterranean region hampered the development of effective security mechanisms but felt that the development of confidence-building measures – particularly involving civil society and academic communities – should be encouraged as a first step. She also agreed that a just resolution of the Israeli-Palestinian conflict and better protection of the environment were vital for the stability and security of the Mediterranean region. All delegations who participated in the discussion welcomed the Athens Ministerial decision to invite input from the Partners for Cooperation on furthering the Corfu Process. A number of delegations raised the possibility of enlarging the Mediterranean Partnership to include the Palestinian National Authority, while others pointed out the difficulties of doing so, due to the fact that the OSCE is a state-based organization. The Partnership Fund was hailed as an effective tool to enhance the Mediterranean Partnership and it should continue to be used to sustain a culture of cooperation, including the possible creation of a clearing house on water issues within the OSCE. It was also stressed that the OSCE should coordinate its activities with relevant international and regional organizations. The moderators stated the following conclusions emanating from the discussion: The confidence and security building measures as well as early warning mechanisms developed in the framework of the OSCE could serve as a model and help to foster cooperation and confidence in the Mediterranean region; the participation of the Partners in the Corfu process should enhance the Mediterranean Partnership; and, the Partnership should move forward based on concrete, achievable objectives with possible long-term goals of establishing a Mediterranean conflict prevention center and developing regional codes of conduct to enhance dialogue and cooperation. Session 2: Implications of the current economic and financial crisis on migration The second session was moderated by Mr. Daman Bergant, Head of the OSCE Department of the Ministry of Foreign Affairs of Slovenia, and panelists included Ambassador Omar Zniber, Head of the Delegation of the Kingdom of Morocco to the OSCE, and Ms. Rebecca Bardach, Director of the Center for International Migration and Integration of the American Jewish Joint Distribution Committee. Mr. Bergant began the session by explaining that the global economic and financial crisis has an impact on migration and development. He outlined several topics to guide the discussion including the development of cooperative migration policies between the OSCE and the Mediterranean Partners; dialogue on how to prevent and combat illegal migration; international and regional cooperation on preventing trafficking in human beings, including trafficking for forced labor; protecting the human rights of migrants, including through combating hate crimes; and, the role of migrants in promoting tolerance and non-discrimination. Ambassador Zniber spoke to the impact of the current economic crisis on both migrants and development. He pointed out that the impact of the crisis makes migrants even more vulnerable and they face increased discrimination and further marginalization in society. Decreasing remittances, said the Ambassador – 10 to 15% in 2009 according to the World Bank – are a destabilizing factor, impacting countries of origin like Morocco which are particularly dependent on revenues from abroad. The Ambassador welcomed the Athens Ministerial Council Decision on migration management and urged that the OSCE continue its work in this area, in particular, by facilitating dialogue, exchanging best practices and fighting discrimination against migrants. Specifically, he recommended that the OSCE and its Mediterranean Partners establish a working group on migration management and related security aspects; develop a multi-dimensional and long-term approach on migration management; promote regional cooperation and partnerships between all responsible parties including countries of origin, transit and destination, civil society and the private sector; create reintegration and training programs; and, protect the human rights of migrants and their families. Ms. Bardach gave a comprehensive review of migration issues impacting Israel. She explained that only in the last two decades has Israel seen a significant increase in migration flows across its borders. This is presenting challenges to the government in managing migration and dealing with large numbers of refugees, asylum seekers, and labor migrants, in addition to human smuggling and trafficking. While Israeli efforts to combat trafficking for sexual exploitation have resulted in marked progress, she said, efforts to combat labor trafficking are still in their infancy. Based on this experience, Ms. Bardach suggested that the OSCE should develop policies to address irregular recruitment practices and raise awareness about such practices; develop cooperation on both the regional and bilateral level to increase information sharing, strengthen border controls and address the humanitarian needs of migrants; develop culturally sensitive tools for law enforcement officials; and, improve the reception and registration of refugees, including assisted voluntary return. During the discussion following the panel presentations, a number of delegations echoed the view that the OSCE and its Mediterranean Partners should serve as a broad regional platform for a coordinated dialogue on migration, and should develop a comprehensive strategy to prevent cross-border trafficking that includes the private sector. The contributors in this session demonstrated the need for better data collection and sharing regarding migration in the Euro-Mediterranean context. This goal was identified as a potential priority for the Partnership Fund. Proposals distributed by the Moroccan and Egyptian delegations have both cited the importance of developing research institutions, which could serve to further the goal of better data collection and expertise sharing. Session 3: Prospects for OSCE Mediterranean Cooperation The third session Chaired by Ambassador Kairat Abdrakhmanov, Head of the Permanent Mission of Kazakhstan to the OSCE and Chair of the OSCE Permanent Council, focused on a review of achievements to date in improving dialogue and cooperation between the participating States and the Mediterranean Partners, and developing effective follow-up on recommendations of previous seminars and ministerial declarations referencing the Partners. Featured speakers were Ambassador Makram Queisi, Permanent Representative of Jordan to the OSCE, and Mr. Agustin Nunez, Deputy Head of Mission of the Permanent Mission of Spain to the OSCE. Ambassador Queisi presented four areas in which he felt cooperation could improve the relationship between the OSCE and the Mediterranean region – environmental aspects of security such as soil erosion, desertification and water management including the possible creation of an environmental data collection center in the region; enhanced border security to combat terrorism and trafficking including cooperation with the Regional Counter Terrorism Training Center in Jordan; combating discrimination against Muslims; and developing nuclear non-proliferation strategies for the region. The Ambassador also stated his view that Partner status should be granted to the Palestinian National Authority as a confidence building measure. Mr. Nunez reviewed the development of the participating State’s cooperation with their Mediterranean Partners including increased participation by Mediterranean Partners in OSCE activities and recent examples of concrete cooperation on issues such as countering terrorism, promoting tolerance and freedom of the media, and enhancing border management. He emphasized the importance of having a strategic vision for the Partnership and commended the proposal by the Kazakh Chair of the Mediterranean Contact Group that three priority areas should be identified for developing projects to be financed by the Partnership Fund. Mr. Nunez concurred with Ambassador Queisi’s view that the Partnership should be enlarged to include the Palestinian National Authority and noted that Spain had circulated two food-for-thought papers on this topic in 2008. Following the presentations, active debate among the delegations ensued and focused primarily on the current status of the Partnership and its achievements to date, proposals for additional areas of cooperation, procedural improvements and the issue of possible enlargement of the Partnership. Enhanced cooperation in the areas of promoting tolerance and non-discrimination, freedom of the media, gender, combating trafficking in human beings, energy security, security aspects of climate change, water management and fighting corruption, drug trafficking and terrorism was discussed. It was suggested that working groups should be established to examine these issues and make recommendations for action. Participants also called for the establishment of a system for effective follow-up on recommendations and agreed proposals, as well as enhanced coordination with other regional institutions and organizations. The participants actively discussed the question of enlarging the Mediterranean Partnership with some participants supporting the granting of Partner status to the Palestinian National Authority as a confidence building measure conducive to dialogue and peace in the region. Debate over this particular consideration illuminated the need for an expeditious response to the request of the Palestinian National Authority (PNA) to become an OSCE Mediterranean Partner for Cooperation. It is apparent that a number of participating States and partners recognize the value of their participation in Mediterranean Dimension activities. Yet, disagreement arises when considering the implications of recognizing a territory as a full-fledged partner. Some participating States see the case of the PNA as unique in that there is already international agreement on the existence of a future Palestinian State. Other participating States believe that affording a territory official status sets a precedent for other territories seeking recognition in the OSCE region. A number of these leaders believe that a future Palestinian State should be granted partner status after formal international recognition. Thus, it will be unlikely that consensus on partnership with the PNA will be reached at this time and the OSCE Chair-in-Office should issue a formal response acknowledging this. The question of PNA participation will continue to mire productive dialogue on other opportunities for cooperation until a decisive response is issued by the OSCE Chair-in-Office. Alternatives for their participation should however be explored. Some possibilities include establishment of an alternative status of “observer” or other title within the framework of the Partners for Cooperation to allow for a transitional process of full recognition as a Partner. In addition, some sort of agreement should be established on recommended countries outside of the Mediterranean Partnership for invitations to OSCE Mediterranean Dimension activities. Conclusion: Future Considerations for Annual Conference Administration A tremendous success of the 2009 Mediterranean Conference was the engagement of the Ambassadors from the Mediterranean Partners in the agenda. Each panel featured a Mediterranean Partner Ambassador, which helped balance the contributions during the discussion. Previous conferences did not adequately balance the opportunities for contributions between the Mediterranean Partners and the OSCE participating States. In the most grievous of incidences, panelists and participating States at the 2008 Mediterranean Conference in Amman, Jordan took so much time during the discussion that contributions from representatives of the Partners were significantly curtailed. It only makes sense that the contributions of the Partners be prioritized when the purpose of the conference is enhancing cooperation with their respective countries. Meaningful participation by the Partners remains the only way to sustain the future of the OSCE Mediterranean Dimension. A recurring challenge of the annual Mediterranean conference is a lack of willingness to host the event among the Mediterranean Partners. The venue question remains an issue that paralyzes cooperation among the Mediterranean Partners and has the potential to diminish the productivity of the conference each year. The venue question stems from a number of factors. Not only is the conference capital-intensive for the hosting State, political considerations regarding the participants in the OSCE Mediterranean Dimension keep Partners like Algeria and Tunisia from taking a leadership role in hosting the event. Thus, active Partners like Egypt, Jordan, Morocco, and Israel bear the burden of hosting the conference most frequently. Ownership of the OSCE Mediterranean Dimension through hosting the conference and originating initiatives remains an ideal that the partnership should aspire to. However, it is not unprecedented that participating States would host the conference. Previous Mediterranean seminars were hosted by Greece (2002), Croatia (2001), Slovenia (2000), and Malta (1998), prior to the elevation of the event to a “conference” by the Greek chairmanship of the OSCE in 2008. Participating States have offered to host the upcoming 2010 conference. Proceeding with an established venue earlier in the year may provide for more time for substantive topic development. Such a deviation from Mediterranean Partner ownership of the event should be seen as an exception until a more appropriate mechanism for rotating the responsibility of hosting the conference is devised. The 2009 Mediterranean Conference was well executed by the Egyptian government, especially considering the short time between their final commitment to do so and the date of the event. However, NGO participation was notably missing. The 2008 OSCE Mediterranean Conference in Amman featured a session for NGOs from throughout the Mediterranean region on the day prior to the conference and subsequently included a robust NGO presence during the conference proceedings. OSCE Participating States led by the United States made extra-budgetary contributions to the OSCE Partnership Fund to help facilitate a robust NGO presence. International organization representatives that were invited to present on the session panels in the 2009 Cairo conference were among the few non-governmental participants present. It is true that participating States lack the wherewithal to contribute annually to facilitate an NGO presence especially given global fiscal challenges. However, exploring partnerships with appropriate foundations, endowments, and institutions involved in Euro-Mediterranean engagement may result in a consistent and strong NGO presence at events within the OSCE Mediterranean Dimension.

  • Natural Resource Charter

    Mr. President, I am pleased to report to you and my colleagues on the excellent work that is being done to help developing countries capitalize on their natural resource wealth. This unique initiative is called the Natural Resource Charter, and it is designed to give countries the tools and knowledge they need to develop their natural resources for the good of their citizens in a transparent and accountable manner. As a collective work coordinated by established academics and development experts, the charter provides a set of policy principles for governments on the successful translation of natural resource wealth into fair and sustainable development. At the U.S. Helsinki Commission we monitor 56 countries, including the United States, with the mandate to ensure compliance to commitments made under the Helsinki Final Act with focus on three dimensions: security, economics and the environment, and human rights. The management of extractive industries has broad implications covering all three dimensions of the Helsinki process. We know that oil, gas, and mining are potential sources of conflict and their supply has a direct impact on our national security. The often negative economic consequences for resource rich countries are well documented and we see constant reminders of the environmental impact of extraction both at home and abroad. Finally, the resultant degradation of human rights in countries that are corrupted by resource wealth is a real concern that we must address. When the charter was launched last year, I was struck by how far we have come in terms of bringing the difficult conversation on extractive industries into the lexicon of world leaders. Only a few short years ago, the word "transparency'' was not used in the same sentence with oil, gas or mining revenue. After the launch of the Extractive Industries Transparency Initiative in 2002, we have seen a major shift in attitude. This was followed by G8 and G20 statements in support of greater revenue transparency as a means of achieving greater economic growth in developing countries. But it is clear that given the challenge ahead, more than statements are needed. The Natural Resource Charter is a concrete and practical next step in the right direction. Economists have found that many of the resource-rich countries of the world today have fared notably worse than their neighbors economically and politically, despite the positive opportunities granted by resource wealth. The misuse of extractive industry revenues has often mitigated the benefits of such mineral wealth for citizens of developing nations; in many cases the resources acting instead as a source of severe economic and social instability. In addressing the factors and providing solutions for such difficulties, the Natural Resource Charter aims to be a global public resource for informed, transparent decision-making regarding extractive industry management. The charter's overarching philosophy is that development of natural resources should be designed to secure maximum benefit for the citizens of the host country. To this end, its dialogue includes a special focus on the role of informed public oversight through transparency measures such as EITI in establishing the legitimacy of resource decisions and attracting foreign investment. On fiscal issues, the charter presents guidelines for the systematic reinvestment of resource revenues in national infrastructure and human capital with the goal of diminishing effects of resource price volatility and ensuring long-term economic growth. This week the commission will hold a public briefing on the Natural Resource Charter and I am pleased to say that there was a candid conversation between the audience and the panel that revealed much about how the charter could be used to promote human rights and good governance. The briefing also addressed ways that U.S. support of democratic and economically sensible extractive industry standards could have a powerful effect in securing the welfare and freedoms of citizens in resource-rich countries. In particular, it was noted that the Energy Security Through Transparency Act, S. 1700, a bipartisan bill I introduced with my colleague Senator Lugar and 10 other colleagues is consistent with the principles set out in the Natural Resource Charter. I look forward to working with my colleagues to ensure our continued progress on these issues.

  • More Power to More People: Lessons from West Africa on Resource Transparency

    By Shelly Han, Policy Advisor In its ongoing effort to fight corruption and increase energy security, the U.S. Helsinki Commission has worked in recent years to help countries fight the resource curse. That is the phenomenon in which countries that are rich in oil, gas or minerals—resources that should be a boon to their economy—suffer lower economic growth and higher poverty than countries without extractive resources. As the Commission’s energy policy advisor, I traveled in September 2009 with other Congressional staff to Ghana and Liberia to see how these two countries are managing their resources. This was an oportunity to compare the experience of these countries with that of resource-rich countries like Azerbaijan, Kazakhstan and Kyrgyzstan, who participate in the Organization for Security and Cooperation in Europe. Specifically, our goal was to study implementation of the Extractive Industries Transparency Initiative (EITI) in Ghana and Liberia, and gauge the impact of corruption in the extractive industries on the political, social and economic climate. EITI is a groundbreaking program because it pierces the veil of secrecy that has fostered tremendous corruption in the extractive industries around the world. At its heart, EITI is a good governance initiative that brings together the companies, the government and civil society to ensure revenue is generated for the benefit of the people, not just hidden in Swiss bank accounts. The meetings in Africa were also part of the Commission’s work promoting the Energy Security Through Transparency Act (S. 1700), a bill designed to increase transparency in the oil and gas industry. The bill, introduced by Commission Chairman Senator Benjamin L. Cardin and Senator Richard G. Lugar (R-IN), expresses support for U.S. implementation of EITI. In Ghana and Liberia, staff met with government officials, non-governmental organizations, civil society leaders, the business community, U.S. Embassy staff and other groups, trying to get as broad a perspective as possible on issues related to energy transparency. Ghana Ghana is a country of 23 million citizens on the west coast of Africa. Considered one of the bright spots in terms of political and economic development in the region, President Obama came here in his first presidential trip to Africa. Known as the Gold Coast in colonial times, gold mining remains one of Ghana’s primary exports. With significant foreign investment from mining, one might think that Ghana had hit pay dirt for its economy, unfortunately, this hasn’t been the case. Almost 80 percent of Ghanaians live on less than $2 a day. Gold mining in Ghana is estimated to contribute about 40 percent of total foreign exchange earnings and 6 percent of GDP. In 2007, the discovery of oil in the offshore Jubilee field launched wild expectations—and fears—for Ghana’s future. The oil and gas could bring in about $1 billion a year for Ghana, which is about 25 percent of the government’s budget. But there are fears that the windfall will increase corruption and do little to help Ghana’s citizen’s rise out of poverty. But there is hope. In 2003 Ghana committed to implementing EITI for its mining sector and Ghana remains a candidate country today. Ghana has an EITI Secretariat and a Multi Stakeholder Steering Group in place. The country has appointed an independent EITI Aggregator/Auditor who has produced three audit reports and Ghana will shortly go through an independent audit process in order to be validated as an EITI country. Most importantly, Ghana has pledged to implement EITI in the oil and gas sectors. During the trip, we met with a number of government officials, including the Minister of Energy and the Minister of Finance. I was impressed with their commitment to establishing an EITI process for the oil and gas revenues. While the process is not complete, and is certainly not perfect, we are optimistic that Ghana will build on the EITI progress they have already made in the mining sector and achieve similar results for the oil and gas sectors. The international community is providing significant assistance. In meetings with U.S. officials, we learned that U.S. aid agencies will begin work in Ghana aimed at strengthening parliamentary oversight, improving regulatory, legal and fiscal management, and helping Ghana develop a workforce to meet the needs of the oil and gas sector. Liberia Our experience in Liberia was more sobering. Five years after a devastating civil war, Liberia struggles to move on. Fourteen-thousand United Nations troops remain in the country as peacekeepers. Eighty percent of the country’s 3.5 million citizens are unemployed. Liberian President Ellen Johnson Sirleaf, a Harvard-trained economist and Africa’s first female president, has worked to stimulate investment and create job opportunities. But this is an uphill battle given the years of education and infrastructure lost during the civil war. Extractive industries such as iron ore, gold, rubber and diamonds do provide some revenue, but the highest hopes for export revenue are placed on Liberia’s extensive forests. Sustainable timber harvesting could provide up to 60 percent of Liberia’s revenue and the international community and Liberia have spent several years and millions of dollars to make the forestry sector sustainable. Liberia joined EITI in 2006, just a couple of years after the end of the civil war that decimated the economy and put Liberia at almost the bottom of the UN Human Development Index. It is the first country to include forestry under the rubric of EITI. On July 10, 2009, the President of Liberia signed into law the Act Establishing the Liberia EITI, making Liberia only the second country in the world (following Nigeria) to pass dedicated EITI legislation. Many implementing countries have issued presidential or ministerial decrees or have amended existing legislation to establish a legal framework for the initiative. The legislation goes beyond the core EITI requirements because it covers the forestry and rubber sectors, as well as oil, gas and mining. But contract disputes and the economic downturn have hindered the resumption of large-scale logging in Liberia. We met with logging companies, government officials and civil society to hear the problems and were discouraged by the lack of progress. It is clear that while tremendous strides have been made in transparent reporting of revenues, there is precious little revenue to report. We spoke with some groups who were hopeful that with a strong focus on improving governance, it is possible that Liberia could develop forestry projects eligible for international carbon offsets. These offsets could generate revenue for Liberia and help meet global climate change goals at the same time. Conclusion In contrast with other EITI countries such as Azerbaijan and Kazakhstan, we were struck by the comparatively good relations the Ghana and Liberia government ministries enjoy with civil society, and the clear desire they have shown to work together. Citizen participation was very strong in both African countries, perhaps due to the extensive public awareness campaigns that have educated citizens on their right to follow the money trail from extractive revenues. EITI is far from the magic bullet to solve corruption problems in West Africa or elsewhere. But Ghana and Liberia show that incremental progress is possible, and that transparency in the extractive industries can build a foundation for good governance in other sectors as well.

  • Greek Chairmanship Moves the OSCE Back Toward Its Hallmark Values

    By Winsome Packer, Helsinki Commission Representative to the US Mission to the OSCE and Douglas Davidson, Senior State Department Advisor What a difference a year can make. The 2008 Ministerial meeting of the Organization for Security and Cooperation in Europe (OSCE) in Helsinki was marked by lingering animosity and distrust exacerbated by the Russia-Georgia war a few months before. The OSCE’s 2009 Ministerial in Athens, by contrast, proceeded much more smoothly, setting the stage for the return to more positive and productive political dialogue among the Organization’s participating States. This was a welcome change, for in recent years discord and inertia have steadily eroded the cooperation and consensus that were once the hallmarks of the OSCE. Recognizing this, in their meeting in Helsinki in December of 2008, the 56 foreign ministers or their representatives had agreed on the need for the OSCE to seek ways to overcome distrust and paralysis. In the course of 2009 the Greek Chairmanship then initiated what came to be called the Corfu Process, which was named after the venue for a midsummer informal meeting of foreign ministers, with the aim of doing just that. Part of this process was also to focus on European security, and not least on a key component of existing European security architecture, the Treaty on Conventional Forces in Europe (CFE), with which the Russian Federation suspended compliance two years ago. For their Ministerial Council meeting in December of 2009, the Greeks set as their priorities the approval of a political declaration – something that hadn’t been achieved in a number of years – together with a separate political declaration on the Corfu Process and an operational decision on the continuation of that process during the 2010 Kazakh Chairmanship. By the time delegations reached Athens there were, in addition to six other human dimension draft decisions prepared by the Greeks, a plethora of additional draft decisions submitted by the participating States in all three dimensions. Of these, the Ministers agreed on decisions that addressed such fundamental and persistent problems as hate crimes, tolerance and nondiscrimination, nonproliferation, terrorism, and the “protracted conflict” in Nagorno-Karabakh. Among these approved decisions was also one on countering transnational threats jointly sponsored by the United States and Russia, the first such collaboration between the two nations in several years. Russia also distributed a draft European Security Treaty on the eve of the Ministerial, though it did so bilaterally and outside the official confines of the OSCE. Nevertheless, Foreign Minister Lavrov seems to have expected that it would be discussed during the Ministerial Council. In the event, however, it was not. The participating States indicated instead a willingness to study and discuss the proposal within the Corfu Process. Some other significant decisions did not make it through either. Among them, for the eighth year in a row, was the overall political declaration. It failed to achieve consensus mainly because of disagreements between the NATO allies and the Russian Federation over language on the CFE. When the imminent demise of the political declaration became apparent, attempts immediately began to find a place for the paragraph it had contained on a summit in 2010, the highest priority for the incoming OSCE Chair, Kazakhstan. In the end this paragraph, in slightly modified form, wound up in the Corfu Process declaration, with language personally hammered out by Deputy Secretary of State James Steinberg, who led the U.S. delegation, with Kazakh Foreign Minister Saudabayev. In the final minutes of the meeting, Uzbekistan demanded that the phrase “We note positively” revert to the original “We note with interest,” but otherwise allowed the rest of the revised and more forward-leaning language on the summit to go through. Earlier the President of the OSCE Parliamentary Assembly, in his remarks to the Ministerial Council, had argued strongly for a summit. Deputy Secretary Steinberg’s enthusiasm was, despite his helpful intervention, reportedly more tempered. A decision on freedom of the media, a U.S. priority, was not adopted in the end either, owing to last-minute objections from Turkmenistan and Uzbekistan. This decision had been the subject of much horse-trading, and the U.S. went into the final session believing it had a deal with the Russian Federation: In return for American assent to a decision on the 65th Anniversary of the Second World War, they would back the media decision, which was already at a state reduced enough to cause some anxiety among media freedom experts. In the end, however, the Russians could not persuade Uzbekistan and Turkmenistan to go along. Turkmenistan argued that proper consultations had not been held with their delegation to enlist their support. Even so, the U.S. lifted its blockage of the World War II decision, which was, in essence, a response to the resolution approved during the 2009 annual Parliamentary Assembly meeting in Vilnius referencing Nazism and communism and was an important priority for the Russian delegation. Attempts to issue statements or decisions on Moldova and Georgia also foundered, though the ministers at least managed a declaration on Nagorno-Karabakh, one hammered out by the Minsk Group. Another decision on trafficking in human beings also failed to achieve consensus. Russia, along with its allies, had also pressed hard for a decision to reopen the Vienna Document of 1999 for “updating”, but it failed in the face of opposition from western allies. A draft decision on climate change also failed, largely because of Russian opposition, as did a decision on democratic lawmaking, in which the Parliamentary Assembly had pressed for reference to the institutions to be consulted in developing a best practice guide. Other draft decisions such as one on the greening of the OSCE were referred to the Permanent Council for action It remains to be seen whether they will fare any better in that venue in 2010.

  • Dancers Call Attention to Iraqi Refugees

    For the past six years, news of the Iraq War has flooded the airwaves: the body count — more than 100,000 civilians and more than 4,500 soldiers; the cost — $700 billion; and the uncertainty about when the conflict will end and what the final outcome will be. But one aspect of the tragic situation that does not garner as much attention is that of those Iraqis who have been forced to flee their homes, heading to a dubious future in an unfamiliar land. A performance on Tuesday will highlight the escalating humanitarian crisis of refugees seeking some semblance of safety in nearby countries such as Syria, Lebanon and Jordan. Millions of Iraqis have been displaced because of the war, and the situation remains dire for many of them. “Still Waiting, Still Suffering,” which will be performed by the D.C.-based CityDance Ensemble, highlights the refugees’ plight in a personal and dramatic way. The event is being sponsored by the Helsinki Commission, which is headed by Sen. Benjamin Cardin (D-Md.) and Rep. Alcee Hastings (D-Fla.). The hope is that the event will alert people to the often forgotten suffering of Iraqis, as well as educate people about the ethical and security implications of the crisis. “We’re trying to give people in the audience a sense of what these people have lived through,” said Paul Emerson, co-founder and artistic director of CityDance. “It’s trying to say, ‘This is something we shouldn’t forget about.’” Hastings said it is imperative that the U.S. take a more active role in addressing the refugee crisis, as it is only likely to worsen with plans for a surge in Afghanistan. “If we as a nation and our allies who participated in causing the displacement of these people” don’t take action, “we can only imagine what our detractors will do to recruit people.” The large numbers of refugees migrating to Lebanon, Syria, Jordan and Egypt take a severe toll on the economies of those countries and strain their educational and health care systems as well, Hastings said. As refugees come under increasing duress, they become ripe for the propagandizing by terrorist groups such as Hezbollah and al-Qaida. “When people don’t have any hope, they turn to whatever they can,” Hastings said. Neil Simon, communications director for the Helsinki Commission, said the performance could have more of an effect than a floor speech or lecture might because of the “emotional information” presented through the dance. “Perhaps they’ll build up a different sort of empathy for the cause,” Simon said. In order to prepare for the “Still Waiting, Still Suffering” performance, Emerson and the dancers traveled to Lebanon, Syria and Jordan to meet with Iraqi refugees there. Most did not want to be identified but shared their stories of exile and distress after leaving their homeland, Emerson said. Those experiences were then translated into “Still Waiting, Still Suffering.” The piece will consist mostly of dance performances, but video, animation and spoken-word elements will also be incorporated. Emerson said he hopes the event will demonstrate the way in which art can be a conduit to talking about politics and policy. But more importantly than that, the dance is meant to give at least some representation to the millions who are suffering because of the Iraq War. “The main message is to not forget these people who are waiting for international action,” Simon said.   The free performance will take place Tuesday at the Capitol Visitor Center from 4 to 5:30 p.m.

  • Advancing U.S. Interests in the OSCE Region

    The hearing examined U.S. policy toward the Organization for Security and Cooperation in Europe, the largest regional security organization in the world, ahead of a meeting of foreign ministers to be held in Athens in early December.  Greece held the chairmanship of the 56-nation OSCE focused on enhancing security, promoting economic cooperation, and advancing democracy and human rights in 2009. Kazakhstan assumes the chairmanship in January, 2010. The Commission will examine timely issues, including: security arrangements in Europe, simmering tensions in the Caucasus region, relations with Russia and the countries of the former Soviet Union, developments in the Balkans, OSCE engagement on Afghanistan and developments in Central Asia.  The hearing will also assess ongoing efforts to combat anti-Semitism and other forms of intolerance and backsliding on fundamental freedoms.

  • Helsinki Commission Staff Examine Impact of International Efforts in Kosovo on Human Rights

    By Clifford Bond and Robert Hand Helsinki Commission Staff In early December 2008, Helsinki Commission staff visited Kosovo to review the changing mandates of a wide range of international actors in Kosovo. The visit coincided with the European Union’s deployment of a Rule of Law Mission in Kosovo, known as EULEX, which took place successfully but revealed the potential for regional instability. The Commission staff delegation met with a variety of international and local actors in Pristina, Kosovo’s capital. It traveled to the Visoki Decani, a monastery of the Serbian Orthodox Church where it met with church representatives, and to the nearby town of Peja/Pec where it met with field representatives of the International Civilian Office (ICO) and the OSCE. The delegation also visited both sides of the divided northern city of Mitrovica where it visited displacement camps and the rebuilt neighborhood for the city’s Romani population in addition to other meetings. The International Community Kosovo asserted its independent statehood in February 2008, in the context of the plan put forward by former Finnish President, UN official, and Nobel laureate Martti Ahtisaari. In so doing, Kosovo’s leadership pledged to implement the plan in full, which means accepting international supervision and providing decentralized authority and numerous rights and privileges to the Serb and, to a lesser extent, other minority communities. The Ahtisaari plan, however, assumes agreement by all parties, but Serbia, backed by Russia at the United Nations, refuses to accept the loss of what it considers still to be its province. The United States and most European countries have recognized Kosovo’s independence, but a few European Union members remain either reluctant or strongly against doing so, either due to ties with Serbia or fear of separatist movements within their own borders. Spain was frequently singled out as the one country that not only opposes Kosovo’s independence but seems intent on undermining its recognition by others. Combined with the widespread need for consensus decision-making, most of the international community’s field missions must, to one degree or another, act neutrally on questions of status, to the detriment of their effectiveness and the enormous frustration of Kosovar Albanians who desire that Kosovo’s independence be respected. The EULEX deployment brought these differing perspectives to the fore. In order to obtain an EU-wide agreement, a UN blessing and the acquiescence of Belgrade and local Serbs under Belgrade’s control, a compromise effort known as the UN Secretary General Ban Ki-moon’s “6-point plan” was put forward that prompted angry protest among the Kosovar Albanian majority and an official rejection from Pristina. Posters throughout the city proclaimed EULEX to be “Made in Serbia”. After several delays and despite continued ambiguity regarding which government was the actual host, the Mission deployed on December 9 throughout Kosovo, not just in areas under Pristina’s control. That the deployment proceeded smoothly and peacefully was viewed as a success, although ambiguities purposefully placed in its mandate to allow both Albanians and Serbs to maintain their positions, as well as the lack of political oversight and coordination among EULEX’s three areas of responsibility (police, courts and customs), likely mean that EULEX will face additional tests of its resolve in the future. For now, the most noteworthy result of the deployment is the anticipated end of inefficient UNMiK operations, which have come to symbolize the holding pattern in which Kosovo has found itself since 1999. The deployment could also signal a more cooperative tone among Kosovo’s Serbs. In northern Mitrovica and contiguous areas bordering Serbia, there are signs that Belgrade may no longer support more militant and corrupt Kosovo Serb leaders. In the enclaves to the south, where the majority of Kosovo Serbs live, there may also be more room for local accommodation and inter-ethnic cooperation, with questions of status put to the side. Following Serbian elections in May that strengthened pro-democratic and pro-European forces in society, Belgrade seems to want at least more transparency and accountability in the “parallel institutions” it has so far financed, and it may try to reduce its subsidies. It also seems to want to avoid violence, especially any violence that could be blamed on the Serb side. It is unclear how far it will push to assert control and responsibility in light of UNMiK’s dwindling role, or whether it will allow EULEX and eventually the ICO to fill the void. Unfortunately, divisions within the European Union almost invite continued Serbian intransigence. Without being given a clear choice between trying to hold onto Kosovo and achieving European integration, the Serbian Government still plays the “Kosovo card,” which garners popular support at home without any apparent repercussions. The situation on the Kosovar Albanian side is a bit clearer. Despite internal political posturing, there is really little difference within this community when it comes to defending Kosovo’s independence. The deliberations that led the EULEX deployment pushed the Kosovo government about as far as it could go. While the achievement of independence has so far made the Ahtisaari plan worth embracing, many of its provisions relating to Serb communities have been no easy sell, especially in the many localities where nationalism and intolerance continue to prevail. When governments of European countries which have recognized Kosovo’s independence nevertheless treat it as something less than an independent and sovereign state, the Kosovars are naturally outraged and increasingly distrustful. This could be countered somewhat by the establishment of embassies in the capitals of those countries who have thus far recognized Kosovo, particularly in Europe, staffed by competent diplomats in order to ensure that the Kosovo point-of-view is made clear to policy-makers. The United States should also counter European diplomatic tendencies to placate traditional regional powers and treat the new states of Europe as second-class states. In the meantime, as those in government may try to adhere to their Ahtisaari commitments, those in opposition have also been able to capitalize on the situation. This poses a challenge to Kosovo’s shaky democratic institutions, which are still very much in transition. Some have expressed concern that the further development of democratic capacities could be thwarted by the need to meet unpopular international demands. While EULEX moves forward and UNMiK winds down, other international players need to find their role. As one analyst commented, the international community has lost the coherence of its structure and has become a confusing maze to local parties. The International Civilian Office is perhaps the most important, yet vulnerable, of the current players. A creation of the Ahtisaari plan, it is by definition not status neutral, and has a relatively strong mandate to supervise post-status Kosovo. Serb opposition to cooperation with the ICO makes this difficult, but the hesitancy of the status-neutral players to cooperate, coordinate and support the ICO will severely weaken its effectiveness to Kosovo’s long-term detriment. The OSCE Mission in Kosovo, the organization’s largest, is facing even more difficult times. Once known for its solid monitoring of events throughout Kosovo and for developing democratic capacity, the early threat of Belgrade and Moscow to close the Mission cast a shadow over its future and a considerable portion of its personnel have moved to the ICO or otherwise left the OSCE in Kosovo. Mission leadership has also been controversial; while this may have stabilized with a new Head of Mission, the OSCE lost some serious ground. Most interlocutors felt that the Mission is a bit oversized, and needs to focus on core areas such as promoting free media, human rights and inter-ethnic dialogue, where the OSCE has genuine expertise and credibility. KFOR, the NATO-led peacekeeping force, seems to be the one constant of the international presence that garners unquestioned respect and seems prepared to handle whatever instability may lie ahead. It is the acknowledged last resort for providing security, but its presence helps ensure a security baseline that will deter provocations and enhance confidence at the local level. KFOR representatives seem confident that lessons were learned from the violence of 2004 and that greater flexibility across lines of operations, more consistent rules for engagement and an unwillingness to let the particulars of status from getting in its way will be effective in keeping the peace in Kosovo. A Need for Dialogue Many of the problems which exist among both the Kosovar Albanian majority and the Kosovo Serb minority could be resolved through greater dialogue, both within Kosovo and between Belgrade and Pristina. There is some effort to achieve this through civic organizations and religious institutions, as well as business contacts. There is also some interaction in technical areas such as regarding missing persons from the 1998-99 conflict, or in the reconstruction of churches and other religious sites damaged or destroyed in the March 2004 riots. Unfortunately, a suitable venue for direct contact between Belgrade and Pristina needs to be found. Pristina is ready, at least in principle, but Belgrade is not. One area where the Kosovo authorities could act more swiftly, without precondition, and likely to their own long-term benefit, is the resolution of outstanding property claims. The resolution of property claims is a major hindrance to the return of displaced persons, and it holds up legal usage of property even when a return is unlikely. In some cases at least, displaced Serbs and others may only wish to get their property back so they can sell it. While there may be solid reasons for wanting to encourage displaced persons to return to Kosovo -- and some efforts to do this were underway in December – ultimately each individual needs only the opportunity to make a free choice. To do this, those with outstanding property claims need to have their cases resolved. The issue of property claims came up repeatedly in meetings, and seems a greater issue than security and freedom of movement at present. Some hope the EULEX deployment could provide a second chance for property restitutions and returns. Both sides, but especially some Kosovo leaders who formerly fought with the Kosovo Liberation Army (KLA), could probably also help facilitate the resolution of more missing persons cases, of which just under 2,000 remain. While there has been success in bringing government representatives and surviving family members together under international auspices, local efforts to help locate grave sites appear to be half-hearted, at best. It is unlikely that progress in this area will enhance community reconciliation efforts in any major way, but a positive signal to do more could lead to a broadening of dialogue on other issues. Ultimately, this remains a humanitarian issue that deserves additional effort no matter what. At present, Kosovo authorities seem committed to implementing the Ahtsaari plan in its entirety. Relevant laws have been passed, and those involved in developing local self-government seem committed to implementation. The real test, of course, will come when the Kosovo Serbs decide to respond and engage and are able to do so without worry of retribution from Belgrade. One local analyst noted that developing the necessary trust between the two sides will be a process, and should be taken one step at a time rather than pushed. The Plight of Roma in the North A continual concern to the Helsinki Commission has been the plight of displaced Roma in northern Mitrovica, most of whom fled their original neighborhood, or mahalla, which was destroyed in 1999. Growing criticism of the conditions in the camps, particularly the health hazards caused by lead contamination, finally convinced the international community in 2005 first to establish a temporary relocation facility that was safer and to make a concentrated effort to rebuild housing where the original mahalla in the south was located. Romani families resisted the move, due to warranted lack of trust in the international community and a lack of awareness of how severe the health threat really was. Local Serbian leaders as well as Romani community leaders living elsewhere in Europe, however, originally also did much to discourage the move, both benefiting from a situation in which successful returns did not take place. Commission staff visited the last of the original camps, Cesmin Lug, as well as the new camp adjacent to it, a former KFOR base known as Osterode. They also visited the original mahalla, which had additional apartment buildings and some private houses constructed since the last Commission visit in May 2007. Despite the availability of housing, residents of the camps continue to resist moving, despite continued concerns about health conditions. Local Serbian leaders, who now want the land where Osterode is located, seem no longer to be discouraging the move, and Roma living abroad likewise seem to have less influence on the situation. Security for Roma in the south, once a concern, seems less so now. Those who remain in the camps seem primarily motivated by a continued distrust of the international community as well as lingering hopes for a better offer. The inability of the local economy to provide income, particularly in the south, also plays a significant role, as does the desire to keep children in Serb-run schools, despite being segregated into separate classes. Meanwhile, there is increasing pressure from foreign governments to prioritize the resettling of Kosovo Roma they intend to deport, rather than those displaced in Kosovo and living in camps. It is clear that, while there has been some progress on this issue, a limited set of additional options will need to be considered to resolve the situation, including the possibility of permanent resettlement in the north.

  • The Iraqi Refugee and Internally Displaced Persons Humanitarian Assistance, Resettlement, and Security Act of 2009

    Mr. HASTINGS of Florida, Madam Speaker, I rise today with my good friend and colleague, Congressman John Dingell and almost 15 original cosponsors in strong support of the Iraqi Refugee and Internally Displaced Persons Humanitarian Assistance, Resettlement, and Security Act of 2009, a bill which I am reintroducing for the 1st Session of the 111th Congress. The comprehensive legislation I am introducing today addresses this crisis and the potential security break-down resulting from the mass influx of Iraqi refugees into neighboring countries and the growing internally displaced population in Iraq, and also facilitates the resettlement of Iraqis at risk. The plight of Iraqi refugees and IDP's is worsening by the day. It is heartbreaking to hear the stories of families who fled for their safety, are now unable to work and have subsequently depleted their savings in order to survive. I believe that the United States has a moral obligation to take the lead and provide a `humanitarian surge' in responding to this crisis. The future of the Middle East depends on it. I would like to thank Congressman Dingell for his continued leadership in the House of Representatives on this issue and for his help in drafting this legislation as well as the other original co-sponsors supporting this bill. As I have said on many occasions, this must not be a partisan issue, but rather Congress and the Administration have an obligation to work together before the Iraqi refugee crisis further destabilizes the region. I urge my colleagues to support this important legislation, which will provide much needed relief for Iraqi refugees and IDP's. I call on the leadership of the House to support this bill.

  • Report on the UN Committee on the Elimination of Racial Discrimination Review of the US and Seventh Annual Meeting of the UN Working Group on People of African Descent

    By Mischa E. Thompson, Policy Advisor Moving into the 21st century, racism and discrimination continue to be a problem throughout the fifty-six European, North American, and Central Asian countries that make up the Organization for Security and Cooperation in Europe (OSCE), including in the United States. Recent reports by the OSCE, European Union’s Fundamental Rights Agency (2008, 2007), and European Network Against Racism have found that racial minorities and increasingly migrants are the targets of hate crimes and racial/ethnic profiling, in addition to experiencing discrimination in employment, housing, education, and other areas. Political parties espousing anti-migrant and racist positions are also on the rise, with the potential to undermine current efforts to implement tolerance and nondiscrimination initiatives throughout the region. Efforts to address these problems over the years have resulted in the development of multi-lateral instruments to stem the tide of racial discrimination. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is often considered a premier international instrument in this area. Adopted by the United Nations in 1965 and entering force in 1969, over 173 countries including the United States, have agreed to have their government policies reviewed to determine if they create or perpetuate racial discrimination. ICERD defines racial discrimination as “any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.” According to the treaty, countries are required to amend or repeal laws and regulations deemed to be discriminatory and are allowed to introduce positive measures such as affirmative action when necessary. As such, countries are obligated to protect against inequality and discrimination in the enjoyment of human rights, including in the areas of education, housing, criminal justice, health, voting, labor, etc. While the 1975 Helsinki Final Act requires its members to respect human rights and fundamental freedoms “without distinction as to race, sex, language or religion,” no review mechanism comparable to the ICERD currently exists within the OSCE. In recent years, the OSCE participating States have urged ratification of the ICERD (e.g., Copenhagen 1990, Helsinki 1992, Maastricht 2003), adopted complimentary initiatives such as the Annual Hate Crimes Report, and conducted consultations and other activities within the United Nations on relevant initiatives. The ICERD and its implementing committee, the Committee on the Elimination of Racial Discrimination (CERD), therefore continue to remain a primary resource in outlining and determining the success of OSCE countries’ efforts to eliminate racial discrimination. For this reason, the 2008 CERD review of the United States and the status of U.S. efforts to combat racial discrimination were widely followed. From February 18 to March 7, 2008 the Committee on the Elimination of Racial Discrimination (CERD) held its seventy-second session in Geneva, Switzerland. The Committee of eighteen independent experts, including a U.S. representative, is charged with periodically reviewing the performance of the 173 countries that have signed and ratified ICERD. During the seventy-second session, the Committee reviewed anti-discrimination efforts undertaken by the Governments of the United States, Fiji, Italy, Belgium, Nicaragua, Moldova, and the Dominican Republic. The United States appeared before the Committee on February 22 and 23 after having submitted a report in April 2007 on its efforts to eliminate racial discrimination after last appearing before the Committee in 2001. Over four hundred U.S. non-government organizations (NGOs) also compiled and submitted a “Shadow Report” to the Committee, which provided supplementary independent information in addition to the government perspective. Twenty-three persons made up the diverse high-level U.S. delegation, headed by Ambassador Warren Tichenor, Permanent Representative of the United States to the United Nations in Geneva. The delegation also included: Grace Chung Becker, Acting Assistant Attorney General in the Civil Rights Division of the Department of Justice, and Ralph Boyd, a former member of the U.N. Committee. Other members of the delegation were from the Departments of Interior, Justice, State, Homeland Security, and Equal Employment Opportunity Commission. For the first time more than one hundred U.S. NGO representatives also attended the session as a “shadow” delegation. The review began with the United States noting the continuing problem and challenges of combating racial discrimination, but disagreeing with the Committee’s views on causes and solutions. Ambassador Tichenor stated that, “the United States supported the elimination of racial discrimination at home and abroad [...] and had made significant progress in improving race relations in the past [and] continued to work actively to eliminate racial and ethnic discrimination. However, challenges still existed, and a great deal of work remained to be done.” The United States then went on to argue that the causes of continuing racial disparities were poverty and other socio-economic variables, including poor choices made by minorities and discriminatory actions by non-state actors, as opposed to institutionalized practices stemming from past unjust government policies (e.g., slavery, segregation). The United States further argued that it should not bare the primary responsibility for addressing racial disparities because it was not solely responsible for creating the current situation. To bolster this argument, the United States also argued that the Committee’s interpretation of the intent of the ICERD was incorrect in terms of the government needing to play the lead role in combating racial discrimination and disparities. (Find excerpts from the U.S. statements at the end of this report.) This line of argument caused the Committee to question whether the United States still possessed the political will to comply with its ICERD commitments. Indeed, much of the proceedings involved Committee members reiterating the commitments ICERD countries have undertaken as signatories, including augmenting laws and regulations which “have the effect of creating or perpetuating racial discrimination wherever it exists.” Confusion was expressed as to why the U.S. government had supported efforts to end affirmative action in schools, while simultaneously highlighting the existence of racial disparities in all sectors of U.S. society. Further puzzlement was displayed as to why the United States was arguing against playing a lead role in combating discrimination, while at the same time introducing widely acclaimed new initiatives to combat discrimination such as the US Equal Employment Opportunity Commission’s E-RACE Initiative and National Partnership for Action to End Health Disparities. The Committee also questioned the status of and anticipated plans for other U.S. efforts to address de facto discrimination, manifested by racial profiling, lack of equal access to quality housing, healthcare, and education, the failure to preserve Native American land rights and return Hurricane Katrina victims to their homes. Committee members also expressed disappointment in the United States. Several Committee members noted that they viewed the U.S. civil rights movement and resulting policies to address past inequities such as affirmative action, as models for policies they were considering and/or using in their own countries to address human rights concerns stemming from inequities and historical injustices. In some cases, these policies were developed following consultations with the U.S. government. Indeed, the Colombian Committee member remarked that he had participated in a visit to the United States as part of an Afro-Colombian delegation invited to view U.S. programs to combat racial discrimination. Members of the Committee also requested that the United States participate in the 2009 Durban Review Conference, a follow-up to the 2001 World Conference against Racism, as a means for continuing the conversation on eliminating racial discrimination. The United States responded that it had withdrawn negotiators from the first Durban Conference “because of pervasive anti-Semitism in its discussions” and would make a decision regarding participation at a later date. A summary of the U.S. Review before the Committee and Concluding Observations of the Committee included recommendations to the United States in areas ranging from affirmative action and immigration to voter disenfranchisement and the rights of Native Americans and tribal peoples. This includes a request for an interim report due in February 2009 on how the United States has implemented the Committee’s recommendations regarding: 1) racial profiling and counterterrorism efforts impacting Arab, Muslim, South Asian and others, 2) protecting Western Shoshone lands, 3) efforts to return displaced Hurricane Katrina victims, 4) decreasing minority youth imprisonment rates, and 5) organizing training programs and other initiatives to make government officials and parties at the state and local levels aware of U.S. responsibilities under the ICERD. This last point was repeatedly raised by the civil society shadow delegation. In particular they were concerned by “U.S. exceptionalism” – or the perception that United States tells other nations to abide by international human rights laws, but refuses to comply with those laws itself. The Committee also called for greater consultation and cooperation between the U.S. government and civil society in preparation of its next report due in November 2011 following concerns that civil society was not sufficiently consulted during the drafting of the 2007 report. Also, of relevance in addressing global efforts to eradicate racial discrimination was the seventh annual meeting of the United Nations Working Group on People of African Descent (WGPAD). Formed in April 2002, the Working Group studies and proposes solutions to the problems of racial discrimination faced by people of African descent living in the Diaspora, with a focus on improving their human rights situation. The Working Group met for its seventh Annual Session on January 14 to 18th, where it reviewed its proceedings of the past seven years on thematic issues that impact the experiences of persons of African descent in the following areas: administration of justice, media, equal access to quality education, employment, health, housing, participation in political, economic, and social sectors, racial profiling, and the empowerment of women of African descent. The WGPAD seventh Annual Session focused on the development of recommendations based upon these past sessions as a UN requirement in preparation for the 2009 Durban Review Conference. The United States participated as an Observer at the meeting. The Final Recommendations included calls for countries to: develop and/or adopt national action plans and monitoring bodies to combat racism and assist victims, address racial profiling and other disparities in the criminal justice system, introduce socio-economic data collection methods that include African descendants, counter negative media stereotypes, develop a best practices report and index on racial equality, and create a fund to support NGO participation in future WGPAD activities and meetings. The next WGPAD meeting is scheduled for January 12-14th and will focus on youth. Within the OSCE context, the WGPAD holds special importance as the only multilateral entity focused on the human rights situation of the more than five million persons that make up the African descendant or Black European population. In recent years, partially as a result of their high visibility in European countries, Blacks have increasingly become the targets of hate crimes and experienced discrimination in education, employment, housing, and other sectors. Additionally, Blacks are often the targets of anti-immigrant campaigns, including racial profiling, regardless of their citizenship (see also U.S. Helsinki Commission Hearing The State of (In)visible Black Europe: Race, Rights, and Politics). Initiatives such as the CERD and WGPAD have been critical to maintaining a global focus on countries’ efforts to monitor and combat racial discrimination in line with their human rights commitments. Additionally, they complement OSCE efforts in this area such as this year’s OSCE Supplementary Meetings in Vienna on Roma and national institutions to fight discrimination against minorities and migrants. Because of the role promoting equality and non-discrimination plays in the protection of human rights and ensuring peace and security in the OSCE region, the U.S. Helsinki Commission has also increased its focus in this area.

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