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briefing
Deterioration of Religious Liberty in Europe
Wednesday, July 22, 1998This briefing addressed the persisting question of problems of religious liberty and the patterns of discrimination against religious minorities and other belief groups that had developed in a number of countries in the OSCE region in the aftermath of the Cold War. Efforts of improving religious liberty in former communist countries were discussed, as well as the need for spending time and attention on countries farther west, like France, Belgium, and Austria, in which concern for religious minorities was also expressed. Witnesses testifying at the briefing – including Willy Fautre, Director of Human Rights without Frontiers and James McCabe, Assistant General Counsel of Watchtower Bible and Tract Society – examined the multi-tiered system that European countries employ regarding religion, and the different statuses and treatment of citizens based on where their religion falls within this system. The issues faced by minority religious associations, like being targeted by fiscal services, were also topics of discussion.
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hearing
Romani Human Rights in Europe
Tuesday, July 21, 1998Commission Co-Chairman Christopher H. Smith presided over this hearing that discussed the rights of the Romani population in Europe. While ostensibly of Central and Eastern European descent, Romani, or Roma, individuals have existed in almost every European state. The Roma consist of a dispersed minority that, at the time of this hearing, was the fastest growing European population, numbering between 8 million and 10 million people. Unfortunately, their numbers did not protect the Roma from being the only population whose situation had actually worsened since the fall of Communism. From the first signs of anti-Romani discrimination in Romania to the dissolution of the Czechoslovak Federation in January of 1994, the reasons to justify holding this hearing to discuss the plight of the Romani were many. At this hearing, besides Commissioner Chris Smith, were Commission Chairman Steny Hoyer, and witnesses James Goldston of the European Roma Rights Center, Livia Plaks of the Project on Ethnic Relations, and Drs. David Crowe and Ian Hancock, professors at Elon and the University of Texas-Austin, respectively.
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hearing
Repression and Violence in Kosovo and Hearing on Kosovo: The Humanitarian Perspective
Wednesday, March 18, 1998This hearing, chaired by Commissioner Alfonse D’Amato, discussed the dire circumstances in Kosovo, specifically Serbian repression of the Kosovar Albanian majority population. In this hearing, D’Amato called for the U.S. to step up and prevent another outbreak of ethnic cleansing and achieve a peaceful resolution to the crisis. More specifically, to facilitate a lasting peace, the Commissioner called on U.S. leadership to make Slobodan Milosevic believe that the world would not stand by while the atrocities in Kosovo and Serbia continued. In addition, any settlement reached between Milosevic and the Kosovo Albanian leadership, D’Amato, continued, must be respected and protect the human rights of all individuals in Kosovo, without preconditions. Witnesses in this hearing discussed these human rights violations and the predicament of the Kosovar Albanians.
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briefing
Status of the Russian Religious Law
Thursday, February 12, 1998Congressman Chris Smith and other lawmakers criticized the Russian Federation law on freedom of conscience and religious organizations signed by Boris Yeltsin for the threats it posed to religious liberty for minority religious faith. The scope of the law, including the terms of its formal implementations regulations and its actual implementation on the ground were topics of discussions. Those who testified at the briefing provided their insights on this law, its status at the time, and their perspective of developments in Russia in light of the law. Dr. James Billington, a distinguished author and Russian scholar, spoke to the decline in the standard of living and social services that the Russian people had suffered in the post-Soviet era. Another witness, Dr. Anatoly Pchelintsev, Director of the Christian Legal Center of the Institute on Religion and Law in Moscow, attributed the existence of the law to the tide of nationalist and Communist movements that were on the rise in Russia.
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hearing
Status of Religious Liberty for Minority Faiths in Europe and the OSCE
Friday, December 05, 1997The purpose of this hearing, which the Hon. Christopher H. Smith chaired, was to discuss the reality of disturbing undercurrents of subtle, but growing, discrimination and harassment of minority religious believers, as opposed to discussing the widespread documentation of torture and persecution of practitioners of minority faiths. In a number of European countries, government authorities had seemed to work on restricting the freedoms of conscience and speech in much of their governments’ actions. For example, in Russia, on September 26, 1997, President Boris Yeltsin signed the law called “On Freedom of Conscience and on Religious Associations,” which blatantly violated agreements of the OSCE which the former U.S.S.R. helped to initiate. Through use of witnesses, then, attendees of this hearing, namely commissioners, gained a deeper understanding of the religious liberty violations within OSCE member countries and insight into how to best influence governments to adhere more closely to internationally accepted human rights standards.
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briefing
OSCE Human Dimension Implementation Meeting
Tuesday, October 28, 1997The purpose of this briefing, which Helsinki Commission Chief of Staff Michael Hathaway presided over, was to provide information to the public about the U.S.’s approach to the OSCE Human Dimension Implementation Meeting, as well as to hear from two highly respected non-governmental organizations regarding issues that they believed should have been taken up in Warsaw. At the point of the briefing, already established issues at Warsaw included freedom of religion, media, association on assembly, the prevention of torture, international humanitarian law, tolerance and non-discrimination, national minorities, and the plight of the Roma. The aim in mind was to encourage improved implementation of human dimension obligations by OSCE member states. Participants in this hearing included State Department Secretary Rudolph Perina, and Holly Cartner and Adrian Karatnycky with Human Rights Watch and Freedom House, respectively.
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briefing
The Meaning of Yeltsin's Veto of Russia's Law on Religion
Monday, July 28, 1997This briefing provided an analysis of the events surrounding President Yeltsin's veto of the proposed law on religious organizations in Russia which would have effectively banned the activities of certain religious minority groups including Protestants and Catholics. The bill passed emphatically in both houses of the Russian Parliament, mounting great domestic pressure on the President to approve it. Larry Uzzell of the Keston Institute credits the blocking of the bill to international pressure from both the US and the EU, which were vocal in their opposition. Congress sent several letters to Mr. Yeltsin, including one which was signed by 160 senators and members of the House of Representatives. The discussion in the question and answer period centered around more concrete measures taken by the US Congress to persuade Yeltsin to veto the bill, including economic incentives tied to foreign aid and trade.
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briefing
Russia’s Religion Law
Monday, July 28, 1997This briefing addressed Congressional concerns about a draft law regarding religion that was making its way through the Duma. Given that this draft was vetoed by President Yeltsin, the Commission took special care to highlight this act standing for religious freedom and the efforts that were made to respect and adhere to the Russia’s international commitments. Larry Uzzell of the Keston Institute provided an analysis of the events surround President Yeltsin’s recent veto of the proposed law on religious organizations in Russia. The roles of domestic and international influences in this resulting veto were each evaluated. Trends of religious freedom in Russia were also examined in the context of how much progress the defeat of this law would actually make.
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publication
Report on Human Rights and the Process of NATO Enlargement
Sunday, June 01, 1997The Commission held a series of three public hearings on Human Rights and the Process of NATO Enlargement in anticipation of the summit of Heads of State and Governments of Member States of the North Atlantic Treaty Organization to be held in Madrid, Spain, on July 8 and 9, 1997. The emergence of new democracies in Central and Eastern Europe and the demise of the Warsaw Pact created a security vacuum in the territory between the current eastern frontier of NATO and the Russian border. The first attempt to address the new security realities in the region occurred at the end of 1991 with the establishment of NATOs North Atlantic Cooperation Council (NACC) as a forum for the evolution of a new relationship based on constructive dialogue and cooperation. In early 1994, the Partnership for Peace (PfP) was launched with the aim of providing a practical program to transform the relationship between NATO and states participating in PfP, moving beyond dialogue and cooperation to forge a genuine security partnership. (All 27 states of the Partnership for Peace (PfP) are OSCE participating States.) Simultaneously, NATO began to consider the possibility of enlarging the Alliance. The result was the 1995 Study on NATO Enlargement which addressed practical steps and requirements candidates for membership would have to satisfy. In December 1996, NATO foreign ministers called for a NATO summit at which one or more countries that wanted to join NATO would be invited to begin accession negotiations. The U.S. Congress was instrumental in stimulating the debate through several legislative initiatives. The NATO Participation Act of 1994 (PL 103-447) provided a reasonable framework for addressing concerns about NATO enlargement, consistent with U.S. interests in ensuring stability in Europe. The law lists a variety of criteria, such as respect for democratic principles and human rights enshrined in the Helsinki Final Act, against which to evaluate the suitability of prospective candidates for NATO membership. The Act stipulates that participants in the PfP should be invited to become full NATO members if they... remain committed to protecting the rights of all their citizens.... Under section 203, a program of assistance was established to provide designated emerging democracies with the tools necessary to facilitate their transition to full NATO membership. The NATO Enlargement Facilitation Act of 1996 (PL 104-208) included an unqualified statement that the protection and promotion of fundamental freedoms and human rights are integral aspects of genuine security. The law also makes clear that the human rights records of emerging democracies in Central and Eastern Europe interested in joining NATO should be evaluated in light of the obligations and commitments of these countries under the U.N. Charter, the Universal Declaration of Human Rights, and the Helsinki Final Act.
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briefing
The Current Situation in Croatia
Friday, March 21, 1997This briefing addressed the political situation in Croatia in the context of impending elections for offices at the municipal and county levels, as well as for seats in the Chamber of Counties of the Croatian Sabor, that would be an important step in the process of reintegrating Easter Slavonia. Some issues that had been noted during past election monitoring operations, such as problems with the development of the independent media, a lack of transparency in the electoral system, and a tendency for decisions to favor the ruling party, were discussed. Witnesses testifying at the briefing – including Jonas Rolett of the National Democratic Institute; Vesna Pusic, a professor for the University of Zagreb; Milbert Shin of Human Rights Watch; and Nenad Porges, Deputy Chief of Mission for the Croatian Embassy – evaluated the opportunity for improvement in the elections, and the role that nongovernmental organizations like NDI and Human Rights Watch would play in this process. Several tactics for improving the electoral process in Croatia, including strengthening political parties and providing neutral, accessible information, were topics of discussion.
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hearing
The Future of Chechnya
Thursday, March 13, 1997Former senatosr and commissionesr chaired this hearing, which focused on the efforts of the citizens in Chechnya to free themselves from Russian power. Russia’s “transgressions” against the Chechnyan populace entailed lack of recognition of international principles. More specifically, the 1994 OSCE Budapest Document, with which the Russians agreed, stipulates that each participating state will ensure that its armed forces are commanded in a way that is consistent with the provisions of international law. Moreover, even when force cannot be avoided, each state will ensure that its use must be commensurate with the needs. At the time of this hearing, anywhere between 30,000 and 80,000 people had been killed because of the conflict in the territory, and tens of thousands of men, women, and children had been driven from their homes. In addition, there had been a cease-fire in Chechnya. However, the dangers had not recently ended.
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briefing
Treaty on Conventional Armed Forces in Europe (CFE)
Thursday, February 20, 1997This briefing focused on the topics of European security and NATO enlargement, specifically in terms of the Treaty on Conventional Armed Forces in Europe. Elements of the treaty that remained especially important, including the goal of avoiding destabilizing concentrations of forces in Europe and the goal of creating greater transparency and promoting information exchange among governments in Europe, were discussed. Witnesses testifying at this briefing spoke to the need for amendments and changes to the CFE, but maintained the relevance of the treaty to international security. Different strategies for making these changes related to Russian pressure and NATO involvement were presented.
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briefing
Religious Freedom in Russia
Tuesday, January 14, 1997Helsinki Commission Staff Advisor John Finerty presented the question of the quality and depth of religious freedom in Russia currently, and allowed for an evaluation of the progress, or lack thereof, of religious liberty following the fall of the Soviet Union. Larry Uzzell, the Moscow representative of the Keston Institute of England, one of the oldest organizations specializing in religious life and religious freedom in Communist and former Communist countries, was asked to address the issue of religious freedom in Russia and had several key points to say on the matter. In his testimony, Mr. Uzzell emphasizes discrimination in the practice of registration in giving provincial governments the power to regulate all aspects of religious life, which is detrimental to religious liberty, and asserts that the prospects of religious freedom in Russia have suffered a setback in recent years.
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publication
U.S. Statements on the Human Dimension, 1996 OSCE Vienna Review Conference and Lisbon Summit
Friday, November 01, 1996This compendium of statements illustrates the U.S. perspective that one of the key and distinguishing features of the OSCE is the interlocking framework of critical, politically binding commitments which provide a common set of principles to which all participating States can aspire. The OSCE draws its real strength and practical flexibility from participating states' commitments to the values of the original Helsinki Act, rather than from a legalized, treaty-based institutional structure. A fundamental strength of the OSCE is the review process, which provides a regular opportunity to assess a participating states' efforts to further the realization of the Helsinki Accords within its own borders, and in its relations with other OSCE states. The OSCE is increasingly a pillar of European security. By facilitating honest implementation review the OSCE can strengthen security links based on common values.
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publication
Ex Post Facto Problems of the Czech Citizenship Law
Sunday, September 01, 1996When the Czechoslovak Federal Republic dissolved on January 1, 1993, the newly independent Czech Republic adopted a citizenship law that provided citizenship to only some of the former Czechoslovak citizens then resident in the Czech Republic. An undetermined number of people, including long-term residents and even some people born in the Czech Republic, have been left stateless or with an unclear legal status. Almost all of these people belong to the Czech Republic's largest minority, Roma (Gypsies). As a consequence, this law has been heavily criticized at meetings of the Organization for Security and Cooperation in Europe. In particular, the law presents numerous and serious questions regarding its conformity with international standards, such as those relating to recognition before the law (the status of orphans), equal protection before the law (different requirements for citizenship established for different classes of former Czechoslovak citizens), the right to a fair hearing (lack of adequate hearing procedures and opportunities for appeal), and actual or arbitrary discrimination (original intent of the law). Non-governmental organizations in the Czech Republic and abroad have heavily criticized the law both as drafted and as applied. This memorandum examines one discrete aspect of the current Czech citizenship law: its conformity with the Czech Republic's international obligation to refrain from increasing criminal penalties after the crime in question was committed.
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publication
Serbia and Montenegro: The Prospects for Change
Thursday, August 01, 1996A staff delegation of the Commission on Security and Cooperation in Europe (Helsinki Commission) traveled to Serbia and Montenegro for one week in April 1996 to assess the situation in these republics in light of changes in the region resulting from the implementation of the Dayton Agreement and the end of the conflict in neighboring Bosnia-Herzegovina. In addition to meetings in the Federal and Serbian capital, Belgrade, and the Montenegrin capital Podgorica, the delegation traveled to Vojvodina, Kosovo and the Sandzak, where large non-Serb/Montenegrin populations reside. A seminar on refugees in the former Yugoslavia, held in Kotor, Montenegro, was also attended. The delegation met with federal, republic and regional officials, as well as representatives of independent media, opposition political parties, and human rights or humanitarian groups in each location. Upon the conclusion of their visit, the staff reported the delegation's findings and recommendations to the countries belonging to the Organization for Security and Cooperation in Europe (OSCE) and gave a public briefing immediately upon its return to Washington. Serbia's President, Slobodan Milosevic, has been viewed as largely responsible for the conflict associated with former Yugoslavia's demise, especially in Croatia and Bosnia-Herzegovina, and for un- democratic and ethnically intolerant conditions within Serbia itself. Montenegro, having some cultural af- finities with Serbia but also a desire for distinctness, is viewed as Serbia's reluctant accomplice, especially when the two proclaimed a new Federal Republic of Yugoslavia in 1992. The new, or "rump," Yugoslavia has largely been isolated by the international community as far as bilateral relations and multilateral activity. After almost four years of conflict in Bosnia-Herzegovina, however, the signing of the Dayton Agreement in December 1995 changed the regional environment in southcentral Europe significantly. Not only did the Agreement propose a settlement for Bosnia-Herzegovina, which is now being implemented, but it also created a more positive regional environment in which other problems plaguing the region might be resolved. Dayton could not have been achieved without the international community again working with the Serbian regime.
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hearing
Property Restitution, Compensation and Preservation: Competing Claims in Post-Communist Europe
Thursday, July 18, 1996This hearing, which Rep. Christopher H. Smith (NJ – 04) presided over, focused on how to rectify transgressions against individuals by former totalitarian regimes, which Smith called one of the most challenging issues confronting post-Communist societies in the OSCE region. This specifically related to the wrongful confiscation of property. Even though some Communist regimes were required by the 1947 Paris Peace Treaty to make restitution of Jewish property, these governments duly ignored such directives. In fact, Communist regimes were infamous for their complete disregard for private property, nationalizing factories, etc. Likewise, more recently, efforts to return property to former owners had been uneven and oftentimes unsuccessful, stymied by complex moral and legal obligations.
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hearing
Russia’s Election: What Does It Mean?
Wednesday, July 10, 1996Rep. Chris Smith (NJ-04) and others discussed the outcome and the implications of the Russian presidential election of 1996, which, at the time of the hearing, had just happened. The winner of the election was Boris Yeltsin, who was re-elected with a margin of thirteen percentage points over Communist Party Chairman and challenger Zyuganov. The hearing also incorporated discussion concerning the conflict in Chechnya and the circumstances under which the election transpired (i.e., fairness, media coverage).
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briefing
Russian Media in Light of Upcoming Elections
Tuesday, May 14, 1996This briefing examined the Russian media in light of the upcoming elections and also with reference towards Russia's obligations to permit and protect the free media in Russia in accordance to the Helsinki Final Act. The true state of the press in Russia and whether the Yeltsin regime is complying or even trying to comply with its internationally recognized obligations were topics of discussion. Witnesses testifying at the briefing – including Elena Masyuk, Reporter for NTV and Catherine Fitzpatrick, Program Coordinator of the Committee to Protect Journalists – illuminated the issues that journalists and the media in general had encountered in recent years, including government sponsored threats and deprivation of accreditation. The Committee to Protect Journalists, in particular, voiced its concerns about the restrictive and even deadly conditions in the Russian republic of Chechnya.
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publication
Report: US Helsinki Commission Delegation to Georgia and Azerbaijan
Friday, April 26, 1996From April 22-26, 1996, Commission staff attended, along with 30 media professionals, the International Conference on Conflict in Trans-Caucasus [sic] and the Role of Mass Media, held in Kobuleti, Ajaria (an Autonomous Republic in Georgia). The conferences organizers were the OSCE Office of Democratic Institu- tions and Human Rights (ODIHR), the OSCE Mission to Georgia, the Council of Europe and the Tbilisi-based Black Sea Press Information Agency. The project was co-sponsored by the U.S. Agency for International Development, through the Eurasia Foundation. Participants came from Baku, Tskhinvali (South Ossetia), Stepanakert (Nagorno-Karabakh), Tbilisi and Yerevan. Organized by the ODIHR as a follow-up to the 1995 Human Dimension Implementation Review Meeting in Warsaw, the conference was one in a series on the role of the media in conflict situations and in systems undergoing the transition from communism. The stated aim of these conferences is to develop aware- ness of and working recommendations for the journalists working in conflict regions on the role the media can play in preventing and resolving conflicts. A secondary goal is to give journalists from states or regions in conflict the opportunity to meet, discuss common problems and establish personal contacts to promote the exchange of information. Other scheduled conferences examine the role of the media in the former Yugoslavia (June 1996) and the situation of the media in Uzbekistan (October 1996). One important reason conference organizers chose Kobuleti was that Ajaria has managed to avoid the destruction and disruption visited upon the rest of Georgia in the last several years by ethnic conflicts and by gangs of marauding criminals associated with various paramilitary groups. Under the iron grip of Aslan Abashidze, the Chairman of Ajarias Supreme Soviet, Ajaria has been relatively calm, and has taken in refugees from Georgias ethnic-separatist conflicts in Abkhazia and South Ossetia. Since these conflicts are technically unre- solved, Tbilisi, the capital, would have been problematic for Abkhaz and South Ossetians, whereas Ajaria seemed a more neutral site.
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Paris Human Dimension Meeting: Human Rights in the Helsinki Process
This hearing, chaired by Commissioner Steny Hoyer, took place after the first meeting of three 4-week meetings of the Conference of the Human Dimension. These meetings were a function of the Conference on the Security and Cooperation in Europe the first of which took place on June 23, with the 35 member states of the OSCE in attendance. On the U.S.’s part, the goal was to seek greater implementation of the human rights and human contacts provisions of the Helsinki Accords.
The atendees discussed the Vienna Concluding Document of January 1989, continued Soviet and East European violations of the rights of national minorities and religious believers and restrictions on the rights of free assembly, association, expression, and noncompliance with human contacts provisions, and fostering greater respect for human rights and fundamental freedoms.