Title

Prerequisites for Progress in Northern Ireland

Wednesday, March 21, 2012
United States
Members: 
Name: 
Hon. Christopher Smith
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon Michael Burgess, M.D.
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Eliot Engel
Title Text: 
Member of Congress
Body: 
The United States House of Representatives
Witnesses: 
Name: 
Geraldine Finucane
Title: 
Widow of Murdered Human Rights Lawyer Patrick Finucane
Name: 
Christopher Stanley
Title: 
Lawyer
Body: 
British-Irish Rights Watch
Name: 
Mark Thompson
Title: 
Director
Body: 
Relatives of Justice
Name: 
Patricia Lundy
Title: 
Senior Lecturer
Body: 
University of Ulster
Name: 
Brian Gormally
Title: 
Director
Body: 
Committee on the Administration of Justice

This hearing assessed the progress towards peace made in Northern Ireland and discussed ways to ensure the sustainability of the peace.  Witnesses condemned the British government for backtracking on the Good Friday Agreement, as well as the United States for not putting enough pressure on Great Britain. Witnesses identified the murder of human rights lawyer Patrick Finucane, whose widow Geraldine was in attendance, as an obstacle to peace.

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Leadership: 
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  • Foreign Fighters: The Escalating Threat of ISIL in Central Asia

    This hearing focused on ISIL and their wave of violence that has swept brutally through northern Iraq and across Syria- many of those who took part in the offensive were foreign fighters. The hearing looked into the Nations Security Council recent estimation that at least 25,000 foreign terrorist fighters from more than 100 countries have joined ranks with this brutal terrorist organization. The hearing explores key economic and social factors to determine what may be incentivising international fighters to join such a brutal group. Also the Commissioners and witness examined measures in which the U.S. government and OSCE member states can take to contain ISIL, including counteracting radicalization of potential foreign fighters, inhibiting the travel of recruits and volunteers to the Middle East, disrupting financial support to fighters and their families and preventing their return to their home countries.

  • Helsinki Commission Hearing Reviews Progress toward Accountability, Justice, and Reconciliation in Northern Ireland

    WASHINGTON—At its March 18 hearing on “Northern Ireland: Stormont, Collusion, and the Finucane Inquiry,” the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, reviewed ongoing efforts for accountability, justice, and reconciliation in Northern Ireland.   Witness testimony focused on the provisions of the December 2014 Stormont House Agreement, especially those aspects addressing government collusion in paramilitary crimes, and the long-promised inquiry into the 1989 murder of human rights lawyer Patrick Finucane. “For years, British officials denied collusion in crimes committed by paramilitaries,” said Helsinki Commission Chair Rep. Chris Smith (NJ-04). “In recent years, evidence has mounted that its security services enabled or had advance knowledge of a substantial number of paramilitary murders. We hope to find out what the British government has done in response.” “The many previous denials [by the British government] and the time that has passed in the Finucane case have drained public confidence in the peace process and diminished respect for the rule of law in Northern Ireland,” Chairman Smith continued. “There are those who oppose the peace process and their opposition is dangerous. The failure to address the case of Patrick Finucane in the manner promised by the British government provides a readily available propaganda tool for those who would abuse it to further their own ends.” “Many people in Ireland lack confidence in the establishment and are slow to accept that things have really changed,” said Mrs. Geraldine Finucane, widow of Patrick Finucane. “One of the examples that is often pointed to as a reason for this mistrust of the establishment is the lack of an inquiry in Pat’s case, despite the truly shocking revelations of several major investigations … it is clear that the British Government is fighting against the prospect of full and public accountability for its actions.” “It was quite a formidable political achievement to achieve consensus on the…Stormont House Agreement,” said Professor Kieran McEvoy, Queen’s University School of Law, Belfast. “If the political will exists from the different political actors, and that will is translated into robust legislation designed to maximize the effectiveness of the different mechanisms, the Stormont House Agreement does provide a roadmap to make significant progress in dealing with the past in Northern Ireland.” “Most of the families we [at the Pat Finucane Center] represent realize that seeing anyone brought to court for the crimes…is beyond their reach,” said Anne Cadwallader, author of Lethal Allies: British Collusion in Ireland.  “They are, however, full of steely determination that the truth should be told.  They hope that this will ensure that those responsible for taking similar decisions will never again collude in the deaths of the citizens they are meant to protect.” Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Rep. Robert Aderholt (AL-04), Rep. Joseph Crowley (NY-14), Rep. Bill Keating (MA-09), and Rep. Brendan Boyle (PA-13).

  • Northern Ireland: Stormont, Collusion, and the Finucane Inquiry

    This hearing, presided over by Christopher H. Smith (NJ-04), focused on the ongoing efforts for accountability, justice and reconciliation in Northern Ireland.  It also focused on recent revelations of British government collusion in crimes committed by paramilitaries during the Troubles and the government’s response to these revelations.  

  • Helsinki Commission to Hold Hearing on Northern Ireland: The Stormont House Agreement, Collusion, and the Finucane Inquiry

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Northern Ireland: Stormont, Collusion, and the Finucane Inquiry” Wednesday, March 18 2:00PM Rayburn House Office Building Room 2175 The Helsinki Commission hearing will review progress toward holding individuals accountable for past injustices in Northern Ireland. This will include the December 2014 Stormont House Agreement, as well as government collusion in paramilitary crimes, and the long-promised—but not yet delivered—inquiry into the murder of human rights lawyer Patrick Finucane. In the December 2014 Stormont House Agreement, the parties of the Northern Ireland Executive and the British and Irish governments agreed on a process to resolve a number of outstanding issues in Northern Ireland. These include accountability for past injustices, or what has become known as “dealing with the past.” The success of the process is far from assured, and the hearing will investigate its prospects, and help determine how the US government can best support its implementation. The hearing will examine other issues of accountability for past government collusion in paramilitary crimes. This will include the Finucane case: as part of the Good Friday Agreement, the government of the United Kingdom solemnly committed to conducting a public, independent judicial inquiry into its collusion in Mr. Finucane’s murder. Yet 17 years after the accord and 26 years after Mr. Finucane’s death, the British government has not yet conducted the promised inquiry. The following witnesses are scheduled to testify: Anne Cadwallader, author, Lethal Allies: British Collusion in Ireland Mrs. Geraldine Finucane, widow of murdered human rights lawyer Patrick Finucane Professor Kieran McEvoy, Queen’s University School of Law, Belfast, Northern Ireland

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    Mr. Speaker, I’d like to thank my colleague, Mr. Stewart, for reserving this time to send a message of vigorous, unequivocal, and unflinching U.S. support for Israel. Mr. Speaker, on the eve of Prime Minister Netanyahu’s historic address, we have to join his efforts to set the focus on the existential, genocidal threat Iran poses to Israel. We have to be realistic about Iranian President Rouhani because many in the media – and some in the administration – have been reluctant to do that. Rouhani has a long history of murderous anti-Semitism and anti-Americanism. The corpses are all over the globe.  Rouhani chaired Iran’s National Security Council from 1989 to 2005 – the years when Iran plotted the 1994 bombing of the AMIA Jewish cultural center, which killed 85 people in Buenos Aires. The 1996 attack on the Khobar Towers was also under his tenure – this one killed 19 U.S. servicemen in Saudi Arabia. He continues to support the global terrorism of Hezbollah. Likewise, Rouhani’s defense minister, Hossein Dehghan, participated in plotting the 1983 U.S. Marine barracks bombing in Beirut – this crime took the lives of 241 Americans, including Paul Innocenzi from my district. His Justice Minister, Mostafa Pour-Mohammadi, played a role in 1988 and 1998 in the summary executions of Iranian political prisoners and killings of intellectuals, as well as assassinations abroad. Mr. Speaker, this is the man that our government and Prime Minister Netanyahu are dealing with. For 16 years Rouhani ran Iran’s nuclear program. He has boasted openly of his success in using negotiations as a tool to buy time to advance his program. The question before us is whether the agreement President Obama is trying to close with Rouhani is yet another deal favorable to the Iranian government, allowing it to move the hand on the nuclear clock yet closer to midnight. There are many signs that this is the case. Most reports on the negotiations are that the administration is not trying to prevent a nuclear Iran, but only to preserve some “breakout time”  - yet will not require the kind of transparency to make even that a remotely reliable measure. Even worse, it seems the administration is prepared to accept a “sunset clause” – a date after which Iranian nuclear arms would be completely legitimated. And the deal being crafted reportedly ignores Iran’s ballistic missile program. All this amounts to a potential catastrophe. Unfortunately, the administration seems to have telegraphed its determination to get a deal with Rouhani – almost any deal – and to shut Congress out. This is why I am concerned, and why we in Congress and the American people need to hear all the more from Prime Minister Netanyahu. Let’s let the Prime Minister know that Congress and the American people stand with Israel, without any ‘ifs,’ or ‘buts,’ or ‘so long as,’ or any other qualifiers, and without any illusions about the murderous and manipulative intentions of Rouhani. I’d like to close by thanking Speaker Boehner for inviting Prime Minister Netanyahu.

  • Chairman Smith Condemns Brutal Murder of Former Russian Deputy Prime Minister Boris Nemtsov

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  • Chairman Smith and Serbian Foreign Minister Support OSCE Role in Promoting Peace in Ukraine

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  • Serbian Minister of Foreign Affairs to Testify at Helsinki Commission Hearing

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  • Chairman Smith and Rep. McGovern Introduce “Global Magnitsky Human Rights Accountability Act”

    WASHINGTON—Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, and Rep. Jim McGovern (MA-02), today introduced the “Global Magnitsky Human Rights Accountability Act” (H.R. 624). The bill prohibits foreign human rights offenders and corrupt officials operating anywhere in the world from entering into the United States and blocks their U.S. assets. It effectively globalizes and strengthens the “Sergei Magnitsky Rule of Law Accountability Act of 2012,” which was directed at individuals and entities from Russia. “The ‘Global Magnitsky Human Rights Accountability Act’ is a game-changer, and demonstrates America’s commitment to protecting human rights worldwide,” said Chairman Smith. “We are sending a message to the world’s worst human rights violators:  we will shine a spotlight on your crimes. We will deny your visas. We will freeze your assets. No matter who you are or how much money you have, you won’t be enjoying the fruits of your misdeeds by visiting the United States or taking advantage of our financial institutions.” “We have made important progress in the last few years,” Rep. McGovern said.  “But since the introduction of the original Magnitsky Act, human rights defenders and anti-corruption activists worldwide have urged us to pass a law that covers similar violations in countries other than Russia.  Through the Global Magnitsky Act, we can better standardize our approach to human rights violators and provide clear guidance to the executive branch on how we expect these perpetrators to be held accountable.” “Conscripting child soldiers, kidnapping political opponents, and brutalizing people based on their religion are horrifying acts for which people must be held accountable – and this bill will do it,” said Chairman Smith. “The earlier Magnitsky Act enjoyed overwhelmingly bipartisan support in both the House and the Senate. I expect the Global Magnitsky Act to move forward with the same level of commitment in both chambers, and on both sides of the aisle.” Earlier this week, Senators Ben Cardin (MD) and John McCain (AZ) introduced similar legislation in the Senate, which also applies worldwide and employs visa bans and property freezes. Unique aspects of the House bill include the requirement that the President impose sanctions if he or she determines that a foreign person has committed gross human rights offenses. The bill also permits the President to sanction perpetrators regardless of whether the victims were exercising or defending basic human rights; requires that the annual Global Magnitsky List be released each year on Human Rights Day; and directs the Comptroller General to assess and report on implementation. Both the “Global Magnitsky Human Rights Accountability Act” and the earlier “Sergei Magnitsky Rule of Law Accountability Act of 2012” were inspired by Russian lawyer Sergei Magnitsky, who was arrested and imprisoned by the Russian government following his investigation into fraud involving Russian officials. He was beaten to death by prison guards in 2009 after being held in torturous conditions for 11 months without trial. Summary: The “Global Magnitsky Human Rights Accountability Act” This act requires the President to publish and update a list of foreign persons or entities that the President determines are responsible, and who the President has sanctioned, for gross violations of internationally recognized human rights – including extrajudicial killings, torture, enforced disappearances, and prolonged, arbitrary detention – or significant corruption. Known as the Global Magnitsky List, the list will be due annually on December 10 (Human Rights Day). Although the bill directs the President to prioritize cases where the victims were seeking to exercise or defend internationally recognized human and rights and freedoms, like freedom of religious, assembly, and expression, or expose illegal government activity, the President can act regardless of the victim. Sanctions on these individuals and entities will include: Prohibiting or revoking U.S. visas or other entry documentation for foreign individuals. Freezing and prohibiting U.S. property transactions of a foreign individual or entity if such property and property interests are in the United States; come within the United States; or are in, or come within, the control of a U.S. person or entity. This act also requires the Comptroller General of the United States to assess the implementation of the law and report to Congress, so that Congress can ensure it is being executed fully.

  • U.S. Helsinki Commission Chair Slams Verdicts in Navalny Trial

    WASHINGTON—Following Tuesday’s guilty verdicts and subsequent sentencing of Alexei and Oleg Navalny in Moscow, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: “I am deeply troubled by the guilty verdicts handed down in the latest manipulation of Russia’s so-called justice system against brothers Alexei and Oleg Navalny. The decision further demonstrates how the Russian government has warped what should be an independent voice and check on executive power into a tool to retaliate against its political opponents, continuing its ongoing crackdown on civil society in general.   “By punishing those who dare to voice their dissent, the Russian government undermines only itself. The Russian people deserve better than leaders who attempt to strangle their freedoms under the guise of deterring criminal activity.  As I noted in my statement Tuesday regarding the addition of names to the U.S. government’s visa ban and asset freeze lists, accountability and transparency are sadly lacking in President Putin’s Russia. “I remind Russia, as an OSCE participating State, that the Helsinki Final Act establishes principles and commitments including respect for human rights and fundamental freedoms within states which it has pledged to uphold. I urge the government of Russia to uphold its obligations and commitments to respect the freedoms of expression, assembly and of the media.  The Russian people must be allowed the right to voice their opinions openly, without fear of retaliation by their own government.” Alexei and Oleg Navalny were accused by the Russian authorities of fraud, charges which are viewed as politically motivated; Alexei Navalny is Russia’s leading anti-corruption crusader and a key member of the political opposition. In 2010, Alexei Navalny appeared at a Helsinki Commission briefing on fraud schemes in the Russian market.

  • U.S. Helsinki Commission Chair Welcomes Additions to Magnitsky List

    WASHINGTON—Following Monday’s addition of four Russian individuals to the Magnitsky List by the Obama Administration, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: “I welcome the announcement made by the Obama Administration that it has added four additional individuals to the visa ban and asset freeze lists mandated under the Sergei Magnitsky Rule of Law Accountability Act.  I applaud the work of the U.S. Departments of State and Treasury to continue to focus attention on Russian government officials implicated in the death of Sergei Magnitsky and to demonstrate America's willingness to penalize human right violators when their own country refuses to act. "These sanctions are not sanctions against Russia, but against individuals who have committed serious human rights violations against Russians. The American people will continue to support Russians like Sergei Magnitsky who speak out about injustice and seek redress. “While I am pleased that additional names have been added to the Magnitsky List, there remain a significant number of Russians – both government officials and private individuals – against whom evidence exists of their involvement in the conspiracy and cover-up of Magnitsky’s death in 2009, but who have yet to be added to the visa ban and asset freeze lists.  I strongly encourage the Administration to continue its examination of the information available with regard to these individuals and add them to the List. The Sergei Magnitsky Rule of Law Accountability Act must continue to be used to demonstrate to the world that the voices of those who seek justice and who speak out about human rights violations are heard and valued by the United States of America.”

  • Helsinki Commission Condemns Raid on Radio Free Europe/Radio Liberty Bureau in Baku

    WASHINGTON—Following yesterday’s raid by authorities in Azerbaijan on Radio Free Europe/Radio Liberty’s (RFE/RL) Baku bureau, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: “The free and independent press in Azerbaijan remains under attack by the very authorities who should be most committed to its protection. Yesterday’s raid on RFE/RL’s Baku bureau continues the recent and deeply disturbing trend of the government of Azerbaijan to silence dissenting voices within the country, and comes hard on the heels of the recent arrest and pre-trial detention of Khadija Ismayilova, an investigative journalist and contributor to RFE/RL’s Azerbaijani Service. “Once again, we call on the Azerbaijani authorities to immediately end their harassment of journalists and to respect the commitments they have made in the past, as a participating State in the Organization for Security and Cooperation in Europe, to the protection of human rights and fundamental freedoms.”

  • The Gang: 15 Years On and Still Silent

    Orest Deychakiwsky, Policy Advisor of the Commission on Security and Cooperation in Europe, presided the briefing on the screening of the documentary, "The Gang: 15 Years and Still Silent", with the participation of Freedom House and The German Marshall Fund. The documentary told the story of three opposition politicians and one journalist that disappeared under unknown circumstances. Mr.  Deychakiwsky was joined by Raisa Mikhailovskaya, a prominent Belarusian human rights defender and producer of the documentary, and Irina Krasovskaya, co-founder and president of "We Remember Foundation", which seeks justice for the politically oppressed in Belarus.  

  • U.S. Helsinki Commission Chair Notes Challenges, Need for Action on International Human Rights Day

    WASHINGTON—To mark International Human Rights Day, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: "It has been a difficult year for those of us who are active in human rights in the OSCE region. Russia’s invasion of Ukraine has flagrantly violated the principles enshrined in the Helsinki Final Act, exacerbated regional security, and further revealed the weaknesses of Russia’s own democracy .  The space for civil society – the guardians of the rule of law and fundamental freedoms – is shrinking in more than a few of our participating States, including Russia, Azerbaijan, and Hungary, breeding abuse of power and corruption. We have been appalled by violent anti-Semitic attacks and a rising tide of intolerance across the OSCE region against minorities and other vulnerable populations.  Uzbekistan holds the world’s longest-imprisoned journalist, who languishes alongside of thousands of political prisoners. "Clearly, the challenges for the countries of the OSCE are as great as ever.  We look forward to supporting Serbia’s 2015 chairmanship of the OSCE, which offers an opportunity both for the country and for the organization. As the effective successor to the only country to be suspended from the Helsinki process, Serbia is a concrete example of how a country can turn things around and how the OSCE can contribute. "In particular, we urge Serbia to build on decisions adopted at last week's Basel Ministerial Council on combating anti-Semitism and corruption.  These are challenges faced by virtually every OSCE participating State. We hope that Serbia will move forward with conviction to support these initiatives and to defend and advocate for the Helsinki principles throughout the region." December 10, International Human Rights Day, celebrates the adoption of the Universal Declaration on Human Rights by the UN General Assembly on December 10, 1948.

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