Title

Property Restitution and Compensation in Post-Communist Europe: A Status Update

Wednesday, September 10, 2003
334 Cannon House Office Building
Washington, DC 20515
United States
Members: 
Name: 
Hon. Benjamin Cardin
Title Text: 
Ranking Member
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Alcee Hastings
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Anne Northup
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Ambassador Randolph Bell
Title: 
Special Envoy for Holocaust Issues
Body: 
Department of State
Name: 
Sen. Jerahmiel Grafstein
Title: 
Member
Body: 
Senate of Canada

This briefing was the fourth hearing held by the Helsinki Commission held on restitution and compensation for property seized during the Second World War and in Communist-era Central and Eastern Europe.  The goal of the briefing was to discuss developments since the CSCE’s July 2002 hearing relating to the return of wrongfully confiscated properties in the region.

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    This briefing detailed the progress of media freedom in newly democratic states, especially within Eastern Europe. The role of the media in the democratization process and methods for promoting freedom of the media were examined as well. Witnesses testifying at the hearing – including David Webster, Chairman of the  Trans-Atlantic Dialogue on European Broadcasting and Sandra Pralong, President of Democracy Works – detailed several major values that a free media promotes in the democratic process, including peaceful social change, education of the democratic electorate, dissenting opinions about the government and society in general, and transparency of political corruption.

  • Nagorno-Karabakh

    In this briefing, which CSCE Staff Director Samuel G. Wise chaired, the focus was on the conflict that had then recently transpired between the countries of Armenia and Azerbaijan. More specifically, the two countries had had a territorial dispute regarding the area of Nagorno-Karabakh. This dispute had manifested itself into all-out violence that had claimed around 15 million lives at the time of the briefing, as well as creating well over a million refugees. The briefing was the fifth in a series of briefings and hearings that the Helsinki Commission had held since 1988 regarding Nagorno-Karabakh. Fortunately, also at the time of this briefing, there had been very few armed clashes for a couple of months, and the warring factions had observed an informal cease fire. Actually, just three days prior to the briefing, the Defense Ministers of Armenia, Azerbaijan, and Nagorno-Karabakh jointly noted the success of the cease fire and looked forward to a more comprehensive resolution of the conflict. With this decrease in violence, attention had shifted to the international diplomatic plane. The CSCE and the Russians had put forward at least somewhat similar cease fire plans, albeit with competition for adherence. The ultimate end of both approaches was a broader agreement about the status of Nagorno-Karabakh and making peace in the region. The purpose of the briefing, then, was to discuss the possible framework of a political settlement.

  • Report: Human Rights and Democratization in Romania

    Romania's ongoing journey toward democracy is generally viewed, even by the government of Romania, as slower and more circuitous than that of its neighbors. Romania has certainly had farther to go; Nicolae Ceausescu's regime was the most repressive and demoralizing of the Warsaw Pact countries. Yet Romania's gloomy distinctiveness carried into the post-Ceausescu era. The Romanian revolution of December 1989 was the bloodiest of the region. The early months of 1990 were marked by confusion and tension, including violent inter-ethnic clashes. The first free elections of May 1990 were tainted by serious irregularities in the campaign period; one month later, thousands of pro-government miners rampaged through Bucharest, bludgeoning anti-communist demonstrators and ransacking opposition party headquarters. This inauspicious outset led many observers to question the prospects for reform. Many doubted the democratic credentials of the new Romanian leadership, alleging that the revolution had been "hijacked" or "stolen" Reports of harassment and intimidation persisted, extreme nationalists secured positions of influence, and popular faith in democratic institutions was shaken by discrimination and corruption. Meanwhile, the economic situation deteriorated rapidly, and in September 1991 the miners returned to Bucharest, this time to. overthrow the government they once claimed to defend. Yet Romania today has made real and significant progress in the area ·of human rights and democratization. Local and general elections held in 1992 met international standards. A new constitution was adopted, as was legislation aimed at establishing a state based on the rule of law. Efforts were made to secure parliamentary oversight for internal security forces, steps were taken to improve inter-ethnic relations, and licenses were distributed for independent local television and radio stations. The aura of fear and intimidation has dissipated significantly, and a number of domestic human rights and civic organizations are actively working, sometimes with the cooperation of state authorities, to improve Romania's human rights performance.

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  • Human Rights and Democratization in Romania

    Romania's ongoing journey toward democracy is generally viewed, even by the government of Romania, as slower and more circuitous than that of its neighbors. Romania has certainly had farther to go; Nicolae Ceausescu's regime was the most repressive and demoralizing of the Warsaw Pact countries. Yet Romania's gloomy distinctiveness carried into the post-Ceausescu era. The Romanian revolution of December 1989 was the bloodiest of the region. The early months of 1990 were marked by confusion and tension, including violent inter-ethnic clashes. The first free elections of May 1990 were tainted by serious irregularities in the campaign period; one month later, thousands of pro-government miners rampaged through Bucharest, bludgeoning anti-communist demonstrators and ransacking opposition party headquarters. This report examines the developments in the areas of human rights and democracy in post-Ceausescu Romania.

  • Russia and its Neighbors

    Dennis Deconcini (D-AZ) and other legislators discussed Russia’s relations with its neighboring countries. More specifically, concerning democratic reform, the hearing contrasted the economic criteria of privatization, the rate of inflation, currency emission, and subsidies to enterprises with Moscow’s policies vis-à-vis its neighbors. Of course, Russia’s neighbors are referred to as the New Independent States, and, as Deconcini argues, it is problematic when Russia militarily or economically coerces its neighbors to enter into unwanted, yet inevitable, political, security, or economic relationships.

  • Focus On Serious Challenges Facing the Ukraine

    David Evans, senior advisor at the Commission, addressed the economic, political, and regional challenges Ukraine faces and emphasized Ukraine’s geo-strategic importance, especially as a bulwark against any potential Russian imperialism.  Evans was joined by Dr. Irini Isakova and Adrian Karatnycky, who highlighted Ukraine’s lack of economic reform and its continuing economic decline since claiming independence in 1991. The panelists focused on Ukraine’s regional issues and domestic and foreign regarding internal divisions, including serious challenges for Ukrainian-Russian relations regarding Crimea.

  • Russia and NATO: Moscow’s Foreign Policy and the Partnership for Peace

    This briefing examined what role Russia would play in the Partnership for Peace and NATO. It also looks at human rights concerns as well as military, security, and economic relations bewteen Russia and the West. Several complexities of this situation in the context of the post-communist period were addressed. Witnesses testifying at the briefing – including Lawrence DiRita, Deputy Director of Foreign and Defense Policy for the Heritage Foundation and Dr. Phillip Petersen, Principle Researcher for the Potomac Foundation – evaluated the Partnership for Peace Framework, which worked towards establishing partnerships with a number of European country, including those of the former Soviet Union. The role of Russian policy in this partnership was an especially debated topic.

  • CSCE to Examine Repression against Evangelicals in Former Soviet Union

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  • Human Rights and Democratization in Bulgaria

    The Helsinki Commission's last comprehensive report on Bulgarian CSCE implementation was published in 1988. (The Commission also published a report in 1991 on the ethnic Turkish minority in Bulgaria). At that time, Bulgaria was in violation of many of its CSCE commitments. Its human rights record was among the worst of the Helsinki signatory states. Clearly, much has changed since then. Since the fall of communism in November 1989, Bulgaria has made impressive strides towards becoming a democratic state based on the rule of law. Bulgaria is experiencing a rare historical opportunity in which it can genuinely forge its own fate. Unshackled from the external Soviet empire of communist rule with which it had especially close links, Bulgaria is developing a democratic, rule of law state where the rights of all of its citizens are being met with greater respect. While Bulgaria faces considerable problems in its post-communist transition, and will continue to in the foreseeable future, it is doing much better than most of its Balkan neighbors. Moreover, it is exceeding the expectations of those who until recently viewed Bulgaria through the prism of being the Soviet Union's “16th republic” and the home of papal assassination plots and forcible assimilation campaigns. Despite its very real problems, Bulgaria is indicating that it is more tolerant, pluralistic, democratic and stable than many would have supposed.

  • Ethnic Violence in Trans-Caucasia

    Chairman Dennis DeConcini addressed rising ethnic violence in Armenia, Azerbaijan and Georgia and emphasized this region as more violent than other post-Soviet states. He referred to the continuing violence in Abkhazia, a separatist region in Georgia, and the rising concerns about further deterioration of stability in the region and Russia’s role in the conflict. Witnesses - Dr. Paul Henze, Ross Vartian, Mourad Topalian, Ambassador Hafiz Pashayev, and Ambassador John Maresca - highlighted the conflict between proponents of self-determination and governments insisting on territorial integrity and the difficulty of negotiating with sides that see completely different situations.

  • The Yugoslavia Conflict: Potential for Spillover in the Balkans

    This hearing reviewed the potential for spillover in the Yugoslav conflict. In particular, the hearing examined the aggression in Bosnia- Herzegovina and the possible effects of this on its own ethnic communities and on those of neighboring countries. The economic decline that followed the disintegration of Yugoslavia provided additional hardships for the large refugee population in the region. The Commissioners examined how the U.S. should respond, and whether current policies, such as sanctions on Serbia and Montenegro, are effective.

  • The CSCE's High Commissioner for National Minorities

    The CSCE created the post of High Commissioner on National Minorities at its July 1992 summit meeting in Helsinki, in response to the emergence of minority-related unrest as one of the main sources of conflict in Europe. Originally proposed by the Netherlands, the proposal received wide support as an innovative approach to national minority problems unleashed by the disappearance of superpower confrontation in Europe. Some of the most innovative aspects of the original proposal for a High Commissioner were substantially watered down in response to individual state's concerns. The High Commissioner may not become involved where armed conflict has already broken out or in areas already under consideration by the CSO, unless the permission of the CSO is given. Communication with or response to communications from organizations or individuals who practice or publicly condone terrorism is prohibited, as is involvement in situations "involving organized acts of terrorism." Former Dutch Foreign Minister Max van der Stoel was appointed the first High Commissioner in December 1992; his office began to function in January 1993, with premises donated by the Dutch government and a staff of three diplomats seconded from the Dutch, Polish and Swedish foreign ministries.

  • Situations of Kurds in Iran, Iraq, and Turkey

    This briefing focused on the Kurdish minority, the fourth largest nationality in the Middle East primarily concentrated in the States of Iran, Iraq, and Turkey, a CSCE signatory state. The lack of institutional protection of human rights and individual freedoms that the Kurdish minority suffers from in each of these states was addressed. Additionally, the principles of territorial integrity, self-determination, and respect of human rights were explored in the context of the Middle East. Witnesses at the briefing – including Ahmet Turk, Chairman of the People’s Labor Party and Barham Salih, a Representative of the Iraqi Kurds – offered descriptions of the historical context and the political framework in which the issue of violations of the human rights of the Kurdish minority has arisen. Mr. Salih presented his personal experience as the evidence of the process of forced assimilation that Kurds were enduring in Turkey at the time.

  • U.S. Helsinki Commission Delegation to Romania, Macedonia, Kosovo, and Vienna

    The Commissions Delegation's visit to Romania, the first since April 1990, had two main objectives. The first was to assess, though meetings with a broad spectrum of non-governmental and official actors, Romania's current level of democratic and market reform. The second was in recognition of Romania's critical role in the effort to enforce U.N. sanctions against Serbia and Macedonia, and the broader political strategic role of Romania in the Balkans. The delegation also traveled to Macedonia to complete the itinerary of a visit to the area in November 1992, which had to be cut short because of inclement weather conditions. Indeed, the signs of the oncoming winter which the Commission saw at that time led it to raise concern over the deteriorating condition which Macedonia and the tens of thousands of Bosnian refugees residing there faced. The April 1993 visit afforded a useful opportunity to see firsthand the extent to which the country had satisfactorily coped with these deteriorating conditions and the prospects generally for the stability and democratization of an independent Macedonia. The delegation then visited Kosovo to observe firsthand the volatile situation there. The situation is a matter of considerable international concern given the chances for the war in nearby Bosnia-Herzegovina to have a spillover effect in which the tension exist between the Serbian authorities and th majority Albanian population could erupt into violence, either by intent or by spontaneous incident. The delegation wanted to hear the views of the authorities as well as of the leaders of the Albanian community, and to raise its concerns, particularly to the authorities regarding human rights. Finally, the delegation wanted to learn about the activities of the CSCE mission of Long-Duration based in Kosovo to monitor developments in the area and to ease tension in society. The delegation finished its trip in Vienna, Austria to meet with the U.S. delegation to the CSCE. Vienna is becoming the CSCE's operational center, with the Conflict Prevention Center, which provided logistical support to the missions as well as the ongoing arms control and security forum, the Forum on Security Cooperation (FSC), and regular meeting of the participating States.  

  • The Countries of Central Asia: Problems in the Transition to Independence and the Implications

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