Title

Property Restitution in Central and Eastern Europe: the State of Affairs for American Claimants

Tuesday, July 16, 2002
United States
Members: 
Name: 
Hon. Christopher Smith
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Joseph Pitts
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Benjamin Cardin
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Joseph Crowley
Title Text: 
Member of Congress
Body: 
House of Representatives
Name: 
Hon. Hillary Clinton
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: 
Israel Singer
Title: 
President; Co-Chairman
Body: 
Conference on Jewish Material Claims against Germany; World Jewish Restitution Organization
Name: 
Yehuda Evron
Title: 
U.S. President
Body: 
Holocaust Restitution Committee
Name: 
Mark Meyer
Title: 
Chairman
Body: 
Romanian-American Chamber of Commerce
Name: 
Olga Jonas
Title: 
Secretary
Body: 
Free Czechoslovakia Fund

This hearing examined property restitution and compensation efforts of the post-Communist governments of Central and Eastern Europe.  In particular, this hearing examined their efforts in regards to the property of refugees who fled to the United States during World War II.  Co-Chairman Smith reported on his efforts to personally raise concerns with officials of many countries regarding the need for nondiscriminatory laws that would be faithfully implemented. While Central and Eastern European governments have done much regarding restitution, the Helsinki Commission continued to receive a steady stream of letters from individuals and organized groups pleading for assistance in their struggles to recover stolen property.

Leadership: 
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  • Remember Their Names: Eight Journalists Killed in the OSCE Region in 2018

    By Teresa Cardenas, Max Kampelman Communications Fellow Jan. Maksim. Zack. Gerald. John. Rob. Wendi. Rebecca. These are the names of journalists who have been killed in the OSCE region so far this year, according to reports from the Committee on Protecting Journalists (CPJ). This list includes journalists from Slovakia, Russia, and the United States, the latter reaching its record-high since CPJ began tracking journalist deaths in 1992. Beyond these eight, 49 individuals around the world—journalists, photographers, cameramen, editors, and other workers in media organizations—were killed in 2018. Ten were killed during a dangerous assignment or got caught in crossfire. Twenty-five people were murdered. In 14 cases, the motives behind the killings are still unknown. These numbers will likely grow between now and the end of 2018. CPJ’s report has yet to include the recent execution of three investigative reporters from Russia in the Central African Republic, or the brutal murder of Moscow reporter Denis Suvorov earlier in July. The Helsinki Final Act recognizes the freedom of the media—including the protection of journalists—as a fundamental human right. Media freedom is a primary focus of the September 2018 Human Dimension Implementation Meeting of OSCE participating States. Jan Kuciak (Slovakia) Kuciak was an investigative journalist for Aktuality.sk, a Slovakian news website reporting on government tax fraud, until he and his fiancée were killed, execution-style, on February 21, 2018. He covered tax evasion at the highest levels of government and reported on the Italian mafia’s dominating influence in Slovakia. His final report—completed by colleagues—revealed a complex web of connections between government officials and a syndicate of the Italian mafia and accused the network of conspiring to steal funds from the European Union. This report is seen by many as the cause of his and his fiancée’s brutal murders. Kuciak was the first Slovak journalist to be killed because of his profession since the country’s independence in 1993. His murder led to widespread protests in Slovakia and the Czech Republic, followed by the resignations of the Slovak prime minister and other government officials. As of August 8, 2018, no one has been charged in connection to his murder. Kuciak’s death was one of the two journalists at the center of Helsinki Commission briefing, A Deadly Calling. Maksim Borodin (Russia) A 32-year-old Russian journalist based in Yekaterinburg, Borodin wrote about corruption before falling from a fifth-floor balcony on April 12, 2018. Shortly before his death, Borodin had reported on the Wagner Group, a Russian paramilitary group that has reportedly been active in Syria and Ukraine. Four months later, three Russian journalists were killed while investigating the alleged presence of the Wagner Group in the Central African Republic. Though the circumstances of his death remain murky, Borodin reported on clandestine and secretive military issues, thus leaving the circumstances around his death suspicious. CPJ reports his death fits a pattern similar to the deaths of other Russia journalists who covered particularly sensitive issues that had a potential of repercussions from authorities. No one has been charged in connection with his murder. Zachary “ZackTV” Stoner (United States) Zack Stoner, appearing on social media as “ZackTV,” was a Chicago-based YouTube persona who interviewed local up-and-coming rappers and hip-hop artists. He was well-recognized within his community, and his death shocked his audience and the subjects of his interviews. Assailants shot and killed Stoner as he was driving away from a concert on May 30, 2018. Stoner was known for investigating news ignored by more traditional media and covering issues that lacked visibility in Chicago. One of his most notable stories was the mysterious death of Kenneka Jenkins, a 19-year-old from Chicago whose body was found in a hotel freezer. Stoner was the first slain American journalist of 2018. No motive has emerged for his murder and no arrests have been made in the case. Gerald Fischman (United States) Fischman was one of five employees of the local Annapolis, Maryland newspaper, The Capital Gazette, who were murdered after a gunman opened fire in their newsroom on June 28, 2018. A columnist and editorial page editor with a shy demeanor and quick wit, Fischman worked for The Capital Gazette for more than 25 years and received numerous awards for his reporting. Prior to joining the paper, he studied journalism at the University of Maryland and worked at The Carroll County Times and The Montgomery Journal. Gunman Jarrod Ramos, targeted the Capital Gazette newsroom following a dispute over a 2011 article detailing his arrest and subsequent probation for harassing former high school classmates on social media. He has pleaded not guilty to charges of murder and attempted murder. John McNamara (United States) Another of the five victims of The Capital Gazette shooting in Maryland, McNamara covered local sports for nearly 24 years, and was an editor and reporter for The Capital’s regional publication, The Bowie Blade-News. An avid sports fan, he wrote two books about the history of football and men’s basketball at his alma mater, the University of Maryland. According to the Baltimore Sun, was in the process of writing a book about professional basketball players who were raised in the DC metro area when he died. Rob Hiaasen (United States) Hiaasen, a journalist and editor for The Capital Gazette, had a long and illustrious career in North Carolina, Florida, and Maryland. Primarily a feature writer, he became a local columnist when he joined The Capital Gazette in 2010. He also taught at the University of Maryland’s Philip Merrill School of Journalism, where he mentored young and aspiring journalists. He wrote stories about anything and everything local: a homeless man who passed away, and how the community planned a proper burial; an inmate on death row who was the first person to be released from prison due to DNA evidence; a Florida dentist who passed HIV onto his patients, one of the first signs of clinical transmission of the disease; and more. Wendi Winters (United States) Winters, a fashion-professional-turned-journalist, worked in the Annapolis area for 20 years until her murder in 2018. Starting out as a freelancer journalist for The Capital Gazette, she immersed herself into her community and became locally known for being the go-to contact on covering stories on a short notice. According to the Baltimore Sun, she wrote more than 250 articles each year. One of her most notable stories was one she did not write, but lived. According to fellow reporters and sales assistants at The Capital Gazette, Winters charged the gunman in the middle of his rampage. Her actions might have saved the lives of the six survivors. Rebecca Smith (United States) Smith, a recently hired sales associate at The Capital Gazette, was the only non-journalist employee of a media organization killed in the OSCE region in 2018 to date. Her colleagues considered her an asset to their team after only working for the publication for seven months. She is remembered as being a kind, thoughtful, and generous friend, and fiercely dedicated to her family.

  • Chairman Wicker Introduces Resolution Emphasizing Importance of NATO to Regional Security

    WASHINGTON—Helsinki Commission Chairman Sen. Roger Wicker (MS) introduced a bipartisan resolution (S.Res.557) emphasizing the importance of NATO to the collective security of the transatlantic region and urging its member states to work together to strengthen the alliance at the July 11-12 NATO summit in Brussels.  “NATO remains the cornerstone of transatlantic and global security. This resolution underlines the need for our allies to boost their contributions to our collective defense. It also encourages practical steps at the upcoming NATO summit to bolster the alliance’s effectiveness against current and emerging threats,” said Chairman Wicker. “We must always work to strengthen the alliance if we want it to serve our collective security as well as it has in its first seven decades.”  Sen. Ben Cardin (MD), a senior member of the Senate Foreign Relations Committee and ranking Senate commissioner, is the lead co-sponsor of the resolution. Other original co-sponsors of S.Res.557 include Helsinki Commissioners Sen. Thom Tillis (NC) and Sen. Jeanne Shaheen (NH), who also co-chair the Senate NATO Observer Group. “NATO summits are important occasions to send messages of solidarity with our NATO allies and reaffirm our continued commitment to transatlantic principles, including democracy and the rule of law,” said Sen. Cardin. “This resolution underlines that NATO is rooted in a foundation of shared values, and that any backsliding on individual liberty, corruption, or human rights risks eroding that foundation.” S.Res.557 reaffirms the enduring commitment of the United States to NATO’s collective defense, enshrined in Article 5 of the North Atlantic Treaty, and urges all NATO member states to be prepared to meet their respective Article 5 obligations.  It also pledges support for measures to deter Russian aggression against the territory of any NATO ally. The resolution underlines the need for NATO’s “open door policy” to remain in effect and for the alliance to extend an invitation to any aspirant country that has met the conditions required to join NATO. Finally, it urges leaders at the Brussels summit to ensure the alliance makes key changes to meet urgent security threats and counter new challenges. “As I stated when we re-established the NATO Observer Group, our alliance must be prepared to face a broad range of threats, including hybrid and cyber threats from Russia and other adversaries,” said Sen. Tillis. “A strong and committed NATO alliance remains vital as our community of democracies continues to expand and thrive.” “This resolution underscores the need for the United States to work closely with our allies to modernize NATO to respond to the ever-evolving threats facing western democracies, particularly from the Kremlin,” said Sen. Shaheen. “Continued cooperation with NATO allies will be integral to our efforts to safeguard our country’s national security and protect the United States.”

  • Inaugural PADWEEK Addresses Racial Discrimination across Europe

    On May 19, 2018, African-American Meghan Markle wed Prince Harry at St. George’s Chapel in Windsor, England. Black culture was celebrated throughout the event: Queen Elizabeth II’s first female black chaplain offered prayers, a black British choir sang African-American Ben E. King’s “Stand By Me,” and Chicago-based African-American Episcopalian bishop Michael Curry quoted civil rights icon Martin Luther King Jr. during his wedding address, preaching on “the power of love.” However, the public discussion leading up to the wedding was riddled with racial stereotyping and prejudice spurred by Markle’s biracial identity—her father is white and her mother is black. British news outlets were heavily criticized for racial insensitivity after commenting on Markle’s “unconventional family,” and using phrases like “unlikely pairing” to further differentiate between the prince and Markle. Unfortunately, racial bias is not confined to Markle—now Duchess of Sussex—but instead extends to many black people in Europe. According to four comprehensive reports from the Organization for Security and Cooperation in Europe, the European Commission, the EU Agency for Fundamental Rights, and Open Society Foundations, a significant percentage of the estimated 15–20 million people of African descent living in Europe have experienced high rates of prejudice and discrimination. Just days before the wedding, racial equality advocates from across Europe gathered in Brussels to address this problem. At the inaugural People of African Descent Week (PADWEEK), organized by the European Parliament Anti-Racism and Diversity Intergroup, Transatlantic Minority Political Leadership Conference, Each One Teach One, and the European Network Against Racism, more than 100 black European activists discussed current racial injustices in Europe and recommended ways for European leaders to respond to increasing hate and discrimination across the region. Attendees included black policymakers, business leaders, and human rights activists from across Europe. Helsinki Commissioners Rep. Alcee Hastings (FL-20) and Rep. Gwen Moore (WI-04) were two of nine honorary hosts. “Whether in America or Europe, we must all do more to uphold the democratic values of our nations,” Commissioner Hastings said in a statement. “Skin color should not determine one’s access to rights, protections, and opportunities in a democracy.” Though the agenda was full with discussions ranging from BREXIT to migration to Africa-EU relations, PADWEEK addressed issues of racial discrimination head-on and introduced new ways to find solutions. It called for change to a well-ingrained European system that has left black people by the wayside for centuries. Race and legal issues were raised repeatedly in discussions. German legal expert and human rights activist Thomas Ndindah called for justice for Oury Jalloh, an asylum seeker who burned to death in a German police cell while handcuffed to a mattress in 2005. Participants also questioned a so-called “Marshall Plan” for Africa, the name of which alludes to the American-European economic plan that helped rebuild Western Europe following World War II. Participants voiced concerns that African countries were not being viewed as equal partners in the negotiations or consulted on the name. Instead, many attendees viewed the plan as Europeans paying African governments to keep unwanted African migrants from reaching Europe, while at the same time purposefully attracting Africa’s highly skilled professionals to Europe. This raised one question: how would Africa benefit from this “Marshall Plan” for Africa if Africa’s brightest and best were contributing to countries elsewhere? The week ended with a list of recommendations from participants and a passionate speech by Mirielle Fanon-Mendes-France, daughter of twentieth century philosopher Frantz Fanon. She called on European institutions to deliver on longstanding promises to address the ongoing impact of colonialism and slavery on the present-day well-being of black Europeans. Recommendations from PADWEEK included: Recognizing the history of past injustices by adopting a European Black History Month and a Remembrance Day for victims of colonialism and enslavement Supporting empowerment and anti-discrimination initiatives by funding black-led civil and human rights organizations Adopting legislation in the European Parliament on an EU Framework for National Strategies for Equality and the Inclusion of People of African Descent in Europe

  • Helsinki Commission Chair Concerned about Interrogation of Pavla Holcova by Slovak Authorities

    WASHINGTON—Following the eight-hour interrogation of Czech journalist Pavla Holcova by Slovak police earlier this week, which culminated with the seizure of her cell phone, Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: “At last week’s Helsinki Commission briefing, Pavla Holcova eloquently defended press freedom in Central Europe. I was very concerned to hear about her subsequent interrogation by Slovak authorities. This behavior raises questions about the Slovakian government’s commitment to solving the murder of journalist Jan Kuciak. I hope the authorities will now turn their attention back on pursuing his killers.” On May 9, the U.S. Helsinki Commission held a briefing titled “A Deadly Calling: The Murder of Investigative Journalists” that examined Kuciak’s murder, as well as the assassination of Daphne Caruana Galizia of Malta; the aftermaths of their deaths; and the need for greater protections of press freedom around the world. Holcova, who was collaborating with Kuciak at the time of his death, said at the briefing, “We are, in Central Europe as a whole region, facing state capture at a level we could never imagine before. For journalists, the winter already came. We have a fear. We are facing the fear and the fear is paralyzing…It’s really difficult for us to tell where is the line between politicians, powerful political parties, and organized crime.” She later noted, “[Journalists] are called enemies. We are called foreign agents. We are called mercenaries.”

  • And then, they took her cellphone

    Yesterday I received word that Pavla Holcova, a brave and unflappable Czech journalist, had been summoned by Slovakian police, who are investigating the murder of investigative journalist Jan Kuciakearlier this year. She took a 4-hour train ride from Prague to Bratislava and voluntarily presented herself at their headquarters. She has cooperated with the investigation since its earliest stages, but on this occasion, she was interrogated for eight hours. She was eventually released, but not before her cellphone was confiscated. The prosecutor who signed the order to take her cellphone and access its data is not assigned to the murder case, and he declined to explain why the authorities needed her phone. Holcova is not under any sort of criminal investigation. Quite the opposite, in fact. But Slovak authorities, acting suspiciously like the thuggish security forces found in repressive states, appear to be trying to shut her down. During the interrogation, she was repeatedly told that her reporting was “always against the system.” Not only is Slovakia a member of the European Union, until last year it ranked — along with much of Europe — as having one of the world’s freest media landscapes. Not anymore. This was merely the latest attempt by Slovakian authorities to harass the colleagues, friends and family of a reporter who was killed for doing his job. I met Holcova last week. She and I were part of a panel discussion in Washington titled “A Deadly Calling,” organized by the Helsinki Commission and designed to raise awareness for and address the assassinations of two investigative journalists in the European Union: Daphne Caruana Galizia in Malta last October, and Kuciak in Slovakia this February. The panel included Caruana Galizia’s son, Matthew — himself a Pulitzer Prize-winning investigative reporter — and Holcova, who worked closely with Kuciak to report on official corruption and the Slovakian government’s ties with organized crime. It was this reporting that, many believe, prompted the murders of Kuciak and his fiancee, Martina Kusnirova. Our panel — which also included Robert Mahoney of the Committee to Protect Journalists, a watchdog group that tracks attacks on press freedom — offered an unvarnished look at the rising threats to freedom of expression around the world. In Slovakia, the Kuciak case represents a fundamental test of a young democracy. There has been a major public backlash there, with tens of thousands of ordinary citizens joining street protests demanding justice for the killings. Several high-level resignations have resulted, with the most notable casualty being Prime Minister Robert Fico. Holcova believes there is reason to hope that justice will prevail, and that reform and the rooting out of corruption are possible. But she remains skeptical. “Even though the changes made in the government are rather cosmetic,” she told me. “The most influential government members were replaced by people from the very same political party.” Less visible to the public, though, are the lasting scars these attacks have on loved ones of the slain journalists and the ongoing attempts to deter them from seeking justice. Holcova says she is lucky in that she has a strong support network of friends and family, “but sometimes I feel I might be indeed ‘toxic’ and I am afraid someone might get hurt because of me. This potential guilt is painful and even sometimes paralyzing.” That’s a familiar feeling to many journalists operating in authoritarian societies or scrutinizing high-level corruption. But this isn’t a situation we should tolerate in silence. Impressively, Holcova says she remains undeterred. I asked whether she had ever thought about giving up the effort to find her friend’s killers. “Yes, sure. I will stop pursuing this case, when the people really involved (not just the proxies) will be brought to justice.” Incidentally, this interview was conducted entirely by email. Why? Because Slovakian authorities still have Holcova’s phone, and have offered no indication of when they plan to return it. The public shaming of governments — especially fragile ones — for their bad behavior is one of the best tools available in places where the rule of law has not been completely eviscerated. Slovakia is one of those countries hanging in the balance. We should do all we can to support their struggle to mature into a viable democracy with a strong future. Officials there, Holcova wrote, “did not care that much in past. But I believe they do now. At least a bit more. The reputation of Slovak government is very much damaged, the trust in state institutions such as police or prosecutors is very low.” There’s one very simple way the Slovakian authorities can begin to repair their image. They should return Pavla Holcova’s cellphone immediately.

  • A Deadly Calling

    Over the last year, several journalists investigating public corruption have been murdered for their work in Europe and Eurasia. Two of these victims—Jan Kuciak of Slovakia and Daphne Caruana Galizia of Malta—came from states within the European Union. While protests erupted in Slovakia after Kuciak’s murder, ultimately leading to the resignation of the Prime Minister and other senior government officials, Caruana Galizia’s murder did not trigger a similar outcome. Those who hired her murderers continue to enjoy anonymity and impunity. The briefing examined the assassinations of journalists throughout Europe and Eurasia, why they are targeted, and how future murders can be prevented. It also investigated the shrinking space for investigative journalism in Europe and Eurasia, where there is less investment in investigative journalism and fewer outlets for investigations to be published.

  • How to Get Human Rights Abusers and Kleptocrats Sanctioned under the Global Magnitsky Act

    The workshop provided human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. Sanctions experts described, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also discussed the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists shared investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates.

  • Helsinki Commission Workshop to Explain Global Magnitsky Sanctions Process

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced a workshop to provide human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. HOW TO GET HUMAN RIGHTS ABUSERS AND KLEPTOCRATS SANCTIONED UNDER THE GLOBAL MAGNITSKY ACT Tuesday, March 13, 2018 3:00 p.m. Capitol Visitor Center Room SVC 212-10 Live Webcast: www.facebook.com/HelsinkiCommission Sanctions experts will describe, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also will discuss the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists will share investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates. Panelists include: Rob Berschinski, Senior Vice President, Human Rights First; former Deputy Assistant Secretary of State Brad Brooks-Rubin, Managing Director, The Sentry; formerly with the Departments of State and Treasury Bill Browder, Founder and Director, Global Magnitsky Justice Campaign Mark Dubowitz, CEO, Foundation for Defense of Democracies Adam Smith, Partner, Gibson, Dunn & Crutcher; formerly with the National Security Council and Department of Treasury Josh White, Director of Policy and Analysis, The Sentry; formerly with the Department of Treasury The Global Magnitsky Act is a powerful new tool for deterring human rights violations and fighting corruption. Presence on this list freezes any U.S. assets an individual may hold, blocks future transactions within the U.S. financial system, and bans any travel to the United States. By sanctioning individuals who engage in the worst abuses of power, the United States hardens its own system to external abuse while extending moral support and solidarity to those whose fundamental freedoms are curtailed or denied.

  • Helsinki Commission Workshop to Explain Global Magnitsky Sanctions Process

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced a workshop to provide human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. HOW TO GET HUMAN RIGHTS ABUSERS AND KLEPTOCRATS SANCTIONED UNDER THE GLOBAL MAGNITSKY ACT Tuesday, March 13, 2018 3:00 p.m. Capitol Visitor Center Room SVC 212-10 Live Webcast: www.facebook.com/HelsinkiCommission Sanctions experts will describe, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also will discuss the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists will share investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates. Panelists include: Rob Berschinski, Senior Vice President, Human Rights First; former Deputy Assistant Secretary of State Brad Brooks-Rubin, Managing Director, The Sentry; formerly with the Departments of State and Treasury Bill Browder, Founder and Director, Global Magnitsky Justice Campaign Mark Dubowitz, CEO, Foundation for Defense of Democracies Adam Smith, Partner, Gibson, Dunn & Crutcher; formerly with the National Security Council and Department of Treasury Josh White, Director of Policy and Analysis, The Sentry; formerly with the Department of Treasury The Global Magnitsky Act is a powerful new tool for deterring human rights violations and fighting corruption. Presence on this list freezes any U.S. assets an individual may hold, blocks future transactions within the U.S. financial system, and bans any travel to the United States. By sanctioning individuals who engage in the worst abuses of power, the United States hardens its own system to external abuse while extending moral support and solidarity to those whose fundamental freedoms are curtailed or denied.

  • Screening and Discussion: "And We Were Germans"

    To celebrate Black History Month, the Helsinki Commission screened “And We Were Germans: The Life of Hans-Jürgen Massaquoi and Ralph Giordano.” The 30-minute film chronicles the journey of Hans-Jürgen Massaquoi, an Afro-German survivor of the Holocaust who emigrated to the United States and became the editor of Ebony magazine, one of the first monthly publications for African-Americans.  The film connects the experience of Afro-German and Jewish-German survivors of the Holocaust by recounting Massaquoi’s experience in Germany, including his relationship with Ralph Giordano, a lifelong Jewish friend. To introduce the film, Dr. Mischa Thompson of the Helsinki Commission spoke about the Commission’s focus on diverse and vulnerable populations from Roma and Jewish populations to national minorities and migrants in Europe and the United States since its inception. She also discussed Commissioner’s work on the situation of People of African Descent in Europe or Black Europeans, including hearings and legislation in the U.S. Congress and resolutions and events in the OSCE Parliamentary Assembly and OSCE.  The film was followed by a conversation with director John A. Kantara about the film and current situation of people of African descent in Germany and across Europe. Kantara discussed his motivation for making the film and what he considered to be the most moving parts of the process. He found inspiration after traveling with young Afro-Germans to Chicago and attending a cultural exchange with African-Americans where he met Hans Massaquoi. He was concerned that Black German history was not widely taught in schools, nor was there a strong awareness of the Afro-German population’s history from Germany's colonization of Namibia, Burundi, and Tanzania to the children of African-American soldiers stationed in Germany. Kantara made the film with the hope that he could change the lack of education regarding black history in Germany. Kantara also elaborated on what moved him during the filmmaking process, noting the importance of African-American struggles during the U.S. civil rights movement to Afro-Germans. He indicated that trying to organize people who have been affected by discrimination and racism is an important task, and was his primary aim throughout the filmmaking process. Kantara also offered his thoughts on the new release Black Panther, noting the large turnout in Berlin and special initiatives to screen the film for Afro-German youth. Kantara revealed that it was remarkable to see young black Germans relate to the movie, and identifying with the people and plot of the film.

  • A Call for Action against Anti-Semitism in Europe

    By Erika Schlager, Counsel for International Law, and Mischa Thompson, Senior Policy Advisor In commemoration of International Holocaust Remembrance Day, the OSCE Italian Chairmanship hosted an “International Conference on the Responsibility of States, Institutions, and Individuals in the Fight against Anti-Semitism in the OSCE Area” on January 29, 2018. More than 300 government officials and civil society leaders participated in the event, including ten cabinet-level Ministers from OSCE participating States. Ambassador Michael Kozak of the Department of State Bureau of Democracy, Human Rights, and Labor, represented the United States.  Reflecting the Chairmanship’s strong commitment to addressing anti-Semitism, the conference was held during the 80th anniversary of Italy’s adoption of the Italian Racial Laws, which restricted the rights of Italian Jews and the native inhabitants of the colonies. Conference participants raised concerns about the increasing power of anti-Semitic and xenophobic parties in France, Austria, Hungary, and Germany; anti-Semitic marches in Poland, Sweden, and the United States; and the safety and future of Jewish communities in Europe.  Several speakers voiced alarm regarding the a law passed in the Polish parliament on the eve of the conference, which is ostensibly intended to ensure accuracy when ascribing responsibility for the genocide perpetrated by Nazi Germany, particularly at death camps in German-occupied Poland. Critics argue that the bill will criminalize scholarship, journalism, and even first-hand observations regarding wartime crimes committed by Poles.  “Holocaust denial,” observed one participant, “should not be a state policy.” Ministers from a number of countries cited the importance of speaking out against anti-Semitism. They also stressed the value of using the expertise of the OSCE Chair-in-Office Personal Representatives and OSCE Office for Democratic Institutions and Human Rights’ tools on hate crimes, Jewish community security, tolerance and Holocaust education, and civil society capacity and coalition building. Several government representatives commented on their respective countries’ use of the International Holocaust Remembrance Alliance’s working definition of anti-Semitism as a useful guide for participating States and civil society to expand efforts to address rising intolerance. Non-governmental participants emphasized the important role of policymakers and government officials in speaking out against hate crimes and drafting and implementing laws to ensure that Jewish communities can live and worship in safety. Ensuring that individuals can practice the central tenets of their faith, from circumcision to kosher food preparation, without government impediments is central to freedom of worship.   Civil society groups, as well as representatives from Facebook and Google, discussed initiatives to address hate online, including the role of internet service providers in removing content that may violate terms of service or violate the law. Of particular concern were disinformation campaigns on social media that promulgate negative stereotypes about Jews and may foster prejudice. One speaker described the “Protocols of the Elders of Zion” as an early exemplar of “fake news,” and others stressed the importance of counter-narratives to address particularly problematic stereotypes and falsehoods. While artificial intelligence may have a future role in addressing content that may be legal but is still harmful, current technology does not provide solutions. A discussion of efforts targeting youth through education and sports featured Israeli Olympian Shaul Landansky and focused on the creation of environments in which anti-prejudice and anti-discrimination tools could be utilized, and at the same time bring diverse communities together. Such initiatives have the potential to broaden coalitions to address anti-Semitism and other forms of hatred.  OSCE Chair and Foreign Minister Angelino Alfano called for the OSCE to convene an annual anti-Semitism conference to commemorate International Holocaust Remembrance Day, and ensure a sustained focus on addressing anti-Semitism in the OSCE region. Slovakia, as the OSCE Chair-in-Office for 2019, has agreed to hold an anti-Semitism conference next January. Prior to the opening of the Chairmanship conference, Pope Francis granted an audience to delegates and speakers, citing the importance of “educat[ing] young generations to become actively involved in the struggle against hatred and discrimination.” His point was reiterated later in the day at the conference by young leader Alina Bricman of the European Union of Jewish students, who cited “treasuring inclusive societies” and “empowering youth to shape their communities” as key to a shared future. Members of the Helsinki Commission have long advanced solutions to address anti-Semitism. Ranking Commissioner Senator Ben Cardin serves as the OSCE Parliamentary Assembly’s first Special Representative on Anti-Semitism, Racism, and Intolerance.  "The growth in anti-Semitic and xenophobic political parties across Europe and North America that foster an environment of hate increase the urgency of this conference,” said Senator Cardin. “Acknowledging our common history of the Holocaust is essential but more must be done. It’s incumbent upon all civilized people to ensure that tools are in place to counter a resurgence of the fear and hate mongering — whether directed at old targets or new—that led to those tragic events in the first place." “I am deeply disappointed that on the eve of this conference the Polish parliament passed a law that may impede research, scholarship, journalism—even personal reflections—on the Holocaust subject to criminal penalties. While the stated purpose of this law is to improve more accurate statements about the Holocaust,  this is the wrong way to achieve that goal,” he said.

  • The Ongoing Tragedy of International Parental Child Abduction

    Each year, between 600 and 800 American children are taken from the United States by one parent without the consent of the other.  The parent left behind can only wonder if the children are safe, warm, well-fed, and loved, and what – if anything – their precious children are being told about them.  Many children are intentionally misled by the taking parent to hate and distrust the left-behind parent.  Abducted children also suffer tremendously from the abduction and the subsequent loss of contact with the left-behind parent.  Research shows that abducted children who are recovered often experience a range of serious short- and long-term emotional and psychological problems, including anxiety, eating disorders, nightmares, mood swings, sleep disturbances, aggressive behavior, resentment, guilt, and fearfulness.    In 1988, the United States became a party to the Hague Convention on the Civil Aspects of International Child Abduction, which seeks to deter parents from putting their children through the trauma of an international abduction by—absent a grave threat to a child’s well-being—returning abducted children back to their home country and home courts to determine the best interests of the child.  The Convention affirms that if a custody decision has already been made, it should not be re-litigated thousands of miles away in a foreign court. If a custody decision needs to be made, the courts in the home country are the courts with the best access to school records, police reports, neighbors, teachers, friends, and many other resources to help determine the child’s best interest.  The Convention also protects an abducted child’s relationship with the left-behind parent, requiring that a child should have access to the parent for the duration of court proceedings for return, and should have access to the parent even if the return is denied. Seven of eleven Partners for Cooperation, including Japan, are party to the Hague Convention, as are fifty-one of fifty-seven participating States, including Slovakia.   However, as the Cook and Frisancho families know all too well, securing implementation of the Convention can be a financially and emotionally draining nightmare. Japan James Cook learned just weeks ago that Japan has again failed to return his four children to him.  He has been kept from contact with them for more than three years in a family vacation-turned-abduction case.  More than two years ago, Japan’s high court ordered Cook’s ex-wife to return the children to their father in the U.S., per the Hague Convention. However, despite the court ruling, Japanese authorities failed to enforce the return decision for a year.  As a result, Mr. Cook spent thousands of dollars on legal fees and travel to Japan to fight for his children.  When the financial burden forced Mr. Cook to move to an apartment, Japanese courts revoked the return because they did not consider an apartment a “stable home”—a conclusion that would surprise the millions of families in Japan and the U.S. who live happily in apartments.   That conclusion also would surprise the writers of the Convention, who provided as an exception to return “grave threats that would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation”—situations that would include war, famine, a disease epidemic, or very serious abuse or neglect of the child from which the home country could not protect the child.    “Japan’s own Hague courts twice ordered return of my children, but Japan ignored the orders until they could find a way to revoke them,” said Mr. Cook. “I followed the rules, respected the process, and trusted in the Convention—but Japan remains the ‘black hole’ of child abduction.” Slovakia Dr. Augusto Frisancho knows all too well the heartache of winning in court, only to have enforcement of a judgment delayed until it is eventually reversed.  Dr. Frisancho, a medical doctor at the Johns Hopkins University, has not seen or even been allowed to speak to his three sons after their mother abducted them to Slovakia seven years ago.   Like Mr. Cook, Dr. Frisancho opted to use the Hague Convention rather than seek the criminal prosecution of his estranged spouse in the United States or Slovakia for kidnapping.  The Slovak courts ordered that his children be returned to the United States to resolve any custody questions.  Although the court order returning custody to Dr. Frisancho was—according to standard procedural rules governing such legal actions—final, a year later the decision was reversed in a closed-door proceeding from which Dr. Frisancho was excluded. Dr. Frisancho took his case to the European Court of Human Rights, which found unanimously that his rights had been violated by Slovakia.  Slovakia paid the court-imposed damage award and changed its laws on closed proceedings and appeals in abduction cases.   However, seven years after the abduction, Dr. Frisancho still has no access to his children, much less custody.  He has not even been given a photo of his children and relies on age-enhanced images from the National Center of Missing and Exploited Children to see a glimpse of what his children may look like today. When Slovakia ordered Dr. Frisancho’s estranged wife to bring the children to court to verify their well-being with a psychologist, she refused.  When Slovakia ordered her not to remove the children from Slovakia, she moved the children across the border into Hungary. Although the children regularly visit their grandparents in Slovakia and Dr. Frisancho’s estranged wife works in Slovakia, Slovakia has not enforced the court orders or ruled on Dr. Frisancho’s petition to finish the case.  Were Slovakia to finish the case, Dr. Frisancho could enforce the ruling in Hungary using the Brussels II Regulation.  As it is, Dr. Frisancho is facing the fact that he may have to translate thousands of pages of Slovakian court proceedings into Hungarian and restart his case in Hungary—losing more precious time with his children. “I want to see my children.  I want my children to know they have a father who loves them dearly and who prays every night that somehow this wrong to them will be righted,” said Dr. Frisancho.  “Despite every opportunity over 7 years, Slovakia has inexplicably failed to meet the two main goals of the Hague Convention—return and access.”

  • The 2017 Human Dimension Implementation Meeting: An Overview

    Each year,1 the OSCE Office for Democratic Institutions and Human Rights (ODIHR) organizes the Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress.  The 2017 HDIM will be held from September 11 to September 22. Human Dimension Implementation Meeting 2017 The HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma.  Each year, three special topics are selected for a full-day review.  2017 special topics will be 1) ensuring “equal enjoyment of rates and participation in political and public life,” 2) “tolerance and nondiscrimination,” and 3) “economic, social and cultural rights as an answer to rising inequalities.”  This year’s meeting will take place at the Warsaw National Stadium (PGE Narodowy), the site of the NATO summit earlier this year. The meeting will be webcast live. Background on the Human Dimension Implementation Meeting When the Helsinki Final Act was signed in Finland in 1975, it enshrined among its ten Principles Guiding Relations between Participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the Final Act included a section on cooperation regarding humanitarian concerns, including transnational human contacts, information, culture and education. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as trafficking in human beings and refugees), and concerns relating to tolerance and nondiscrimination (e.g., countering anti-Semitism and racism). One of the innovations of the Helsinki Final Act was agreement to review the implementation of agreed commitments while considering the negotiation of new ones. Between 1975 and 1992, implementation review took place in the context of periodic “Follow-up Meetings” as well as smaller specialized meetings focused on specific subjects. The OSCE participating States established permanent institutions in the early 1990s. In 1992, they agreed to hold periodic Human Dimension Implementation Meetings” to foster compliance with agreed-upon principles on democracy and human rights. Additional changes to the modalities for the HDIM were agreed in 1998, 2001, and 2002, which included shortening the meeting from three weeks to two weeks, and adding three “Supplementary Human Dimension Meetings” annually on subjects selected by the Chairmanship-in-Office on particularly timely or time-sensitive issues. One of the most notable features of the HDIM is the strong participation of non-governmental organizations. The United States has been a strong advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE modalities allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. 1 In exceptional years when the OSCE participating States hold a summit of heads of state or government, the annual review of human dimension commitments is included as part of the Review Conference which precedes the summit, and also includes a review of the political-military and economic/environmental dimensions.

  • Democracy in Central & Eastern Europe

    On July 26, 2017, the U.S. Helsinki Commission held a briefing on “Democracy in Central and Eastern Europe: Renewing the Promise of Democratic Transitions.” This briefing followed a series of roundtable discussions and other events earlier in the year relating to this region, demonstrating the Helsinki Commission’s interest in Central and Eastern Europe. Erika Schlager, Counsel for International Law for the U.S. Helsinki Commission, welcomed panelists Andrew Wilson, the Managing Director of the Center for International Private Enterprise (CIPE); Peter Goliaš, Director of the Institute for Economic and Social Reforms in Slovakia; András Lőke, Chair of Transparency International in Hungary; and Marek Tatała, Vice-President of the Civil Development Forum in Poland. Jan Surotchak, Regional Director for Europe at the International Republican Institute (IRI), and Jonathan Katz, Senior Resident Fellow at the German Marshall Fund of the United States (GMF) added Washington policy perspectives. The discussion was moderated by Martina Hrvolova, Central Europe and the Balkans Program Officer at CIPE. The panelists provided a background on democracy in the regional context, as well as on the specific case studies of Slovakia, Hungary and Poland. Andrew Wilson observed that new democracies of Central and Eastern Europe face serious stresses that raise questions about the resilience of their democratic transitions and threaten to undo the remarkable progress the countries made during the last three decades. He argued that the problems in the region do not stem from the failure of democracy, but rather a failure to more actively pursue its consolidation. Peter Goliaš offered a brief overview of the current state of democracy in Slovakia. He described the findings of a recent public opinion poll that paint a very bleak picture of how Slovakians see the current state of democracy in their country. He argued that a main reason for people’s dissatisfaction with democracy has been the perception that politicians do not work in the public’s interest, but in the interest of the oligarchs. He projected that current political trends will lead to the continued slow deterioration of Slovak democracy. To stop this deterioration, Goliaš proposed several short- and long-term measures that he believes would strengthen the rule of law and civil society in Slovakia. András Lőke cited the reports of several influential NGOs to describe the current state of Hungarian democracy. While both Freedom House and Transparency International still give moderate scores to Hungary on the level of freedom and corruption, Hungary is trending downward on every indicator that were examined. Lőke argued that the most telling figures were found in the World Economic Forum’s Global Competitiveness Report, which ranked Hungary very poorly based on an assessment of the rule of law and the level of corruption. After identifying the challenges facing Hungary today, Lőke outlined a list of solutions to these problems that would ultimately enable civil society to reassert its role in maintaining transparency and accountability in governance, and generally increase the crucial engagement of civil society in public affairs. Marek Tatała assessed the state of democracy in Poland, arguing that while the country remains a democracy, its current political leadership is weakening rather than strengthening its democratic development. Tatała observed that laws on the constitutional tribunal and on the organization of courts, and the rapid nature of the legislative process, have been harmful to the rule of law in Poland. He underlined the need for a higher level of engagement of the business community in public affairs, and a better quality of education that is more focused on civic engagement and economic literacy. Following up on the three country case studies, Jan Surotchak presented the findings of a recent poll conducted as part of IRI’s Beacon Project. The findings revealed a number of disturbing trends in Central and Eastern Europe, including waning support for core transatlantic institutions; tensions over the nature of European identity; and a deep discontent with socioeconomic challenges in the region. Most importantly, the study confirmed that there is a strong correlation between socioeconomic disparities in these countries and their vulnerabilities to Russian influence. Finally, Jonathan Katz emphasized the need to increase the United States’ bilateral and joint diplomatic engagement and development assistance efforts in the region to support continued democratic and economic transition. More specifically, Katz presented four core strategies that he argues are needed, which included the establishment of joint US-EU mechanisms to strengthen development cooperation and coordination in the entire OSCE region. The panelists agreed that any external development assistance should primarily support the work of civil society in Central and Eastern Europe, with a special focus on communication campaigns. Particular emphasis should be given to the improvement of the education system with a focus on promoting discussions with students. Marek Tatała also argued that given the fairly strong ties of these countries’ leaders with the United States, a stronger voice from the current US Administration regarding negative developments in Slovakia, Hungary, and Poland would be also welcome and effective. With regard to action from Congress, panelists argued that resources for development assistance could come in the form of a congressional authorization bill. Panelists also noted that to be effective, any external development fund that targets NGOs or the civil society must be monitored by donors to avoid corruption. Panelists observed that the Congress could play a particularly important role in providing oversight of such assistance programs and making sure that their spending follow very strict guidelines.

  • Democracy in Central & Eastern Europe Focus of Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: DEMOCRACY IN CENTRAL AND EASTERN EUROPE: RENEWING THE PROMISE OF DEMOCRATIC TRANSITIONS Wednesday, July 26, 2017 2:00 PM to 4:00 PM Capitol Visitors Center Room SVC-215 Live Webcast: www.facebook.com/HelsinkiCommission In 1990, at a moment of historic transition, the countries of the Organization on Security and Cooperation in Europe adopted a watershed agreement recognizing the relationship between political pluralism and market economies. To advance both, they committed to fundamental principles regarding democracy, free elections, and the rule of law.  In recent years, however, concerns have emerged about the health of the democratic transition in Central and Eastern Europe, particularly in the face of ongoing governance challenges and persistent corruption. At this briefing, speakers will examine the current state of democracy in Central and Eastern Europe and analyze efforts to address the region’s challenges.  They will also discuss the declaration adopted on June 1 by civil society representatives, members of business communities, and others, which seeks to reinvigorate the region’s democratic trajectory, support democratic and economic reform, and strengthen the transatlantic partnership. The following panelists are scheduled to speak: Andrew Wilson, Managing Director, Center for International Private Enterprise Peter Golias, Director, Institute for Economic and Social Reforms, Slovakia Andras Loke, Chair, Transparency International, Hungary Marek Tatala, Vice-President, Civil Development Forum, Poland Additional comments will be provided by: Jan Surotchak, Regional Director for Europe, International Republican Institute Jonathan Katz, Senior Resident Fellow, German Marshall Fund

  • Helsinki Commission Staff Meet with Special Envoys on Holocaust Issues

    By Erika Schlager, Counsel for International Law Thomas Yazdgerdi, Special Envoy for Holocaust Issues at the State Department, and The Rt Hon Sir Eric Pickles, the UK's Special Envoy for post-Holocaust Issues and Anti-Corruption Champion, met with staff of the U.S. Helsinki Commission on July 14, 2017, to discuss Holocaust-related issues. Sir Eric Pickles was appointed Special Envoy for Post-Holocaust issues in September 2015. He works closely with Holocaust survivors, scholars, educational and other civil society organizations in the UK.  The State Department’s Office of the Special Envoy for Holocaust Issues develops and implements U.S. policy with respect to the return of Holocaust-era assets to their rightful owners, compensation for wrongs committed during the Holocaust, and Holocaust remembrance. The meeting touched on issues related to the needs of elderly Holocaust survivors.  The Special Envoys praised the adoption of a bill in Serbia last year that provides compensation to Serbian Holocaust survivors both in Serbia and abroad. The compensation is derived from property rendered heirless as a result of the Holocaust. Although, generally speaking, states claim property that is without heirs, the specific circumstance of genocide makes that general rule unsupportable. The 2009 Terezin Declaration on Holocaust Era Assets and Related Issues, adopted at the conclusion of a 46-nation meeting, noted that “in some states heirless property could serve as a basis for addressing the material necessities of needy Holocaust (Shoah) survivors and to ensure ongoing education about the Holocaust (Shoah), its causes and consequences.” They also addressed issues regarding Croatia, the Czech Republic, Hungary, Latvia, Poland, and elsewhere. Poland remains the only country in central Europe that has not adopted a general private property compensation or restitution law. Special Envoys Yazdgerdi and Pickles discussed their work within the 31-nation International Holocaust Remembrance Alliance, including the breakthrough adoption in April of last year of a working definition of anti-Semitism, and the OSCE’s engagement in this area.  Germany, in its 2016 capacity as OSCE Chair-in-Office, committed funds for a multiyear project called “Turning Words Into Action” which seeks to improve implementation of the OSCE’s significant body of existing commitments regarding combating anti-Semitism and discrimination. Finally, participants in the meeting exchanged views on prospects for removing the pig farm from the Lety concentration camp site in the Czech Republic. The pig farm has been the target of criticism and is seen by some as a desecration of a sensitive site of remembrance. At the 2016 OSCE Human Dimension implementation Meeting, Czech government officials discussed efforts to remove the pig farm. The Helsinki Commission played an instrumental role in securing the agreement of the Czech government to share a complete microfilm copy of the Lety concentration camp archives with the U.S. Holocaust Memorial Museum. Although there were other World War II concentration camps established specifically for Roma, the only known complete surviving archives are from Lety. More Information Roundtable on Fighting Anti-Semitism Looks at Turning Words into Action

  • Addressing Anti-Semitism through Intersectional Advocacy

    By Dr. Mischa Thompson, Policy Advisor “[There were so many victims of the Holocaust] but we engage in competitive victimhood, where we take the oppressor’s view of a victim’s worth.” – Words into Action participant Misko Stanisic, Terraforming From June 21 to June 23, 2017, the Organization for Security and Cooperation in Europe Office for Democratic Institutions and Human Rights (OSCE/ODIHR) hosted the second in a series of workshops focused on addressing anti-Semitism.  The workshop, titled “Gender and Intersectional Activism: Coalition-Building for a More Tolerant Society,” provided a forum for 50 civil society leaders to discuss their efforts to address prejudice and discrimination across the 57 European and North American countries of the OSCE.  The forum was part of the OSCE/ODIHR’s “Turning Words into Action to Address Anti-Semitism” (WiA) project, which increases the capacity of countries and civil society to prevent and respond to anti-Semitism through security, education, and coalition-building measures.  According to Cristina Finch, Head of the ODIHR Tolerance and Discrimination Department, the forum will also assist with “creation of a coalition-building manual that ODIHR will publish to assist civil society in these efforts.”  Noting the problem of “underreporting,” the forum educated participants about OSCE/ODIHR efforts to collect hate crimes statistics, and highlighted methods by which civil society could work with local law enforcement and the OSCE/ODIHR to report hate crimes.  At the forum, OSCE/ODIHR shared recent findings that indicate that while Jewish men are more likely to be victims of anti-Semitic speech or physical violence, Jewish women fear anti-Semitic attacks more.  This suggests gender may play an important role in addressing anti-Semitism, prompting the need for more gender-rich and intersectional prevention efforts. For instance, Misko Stanisic of Terraforming, an organization focused on Holocaust and human rights education, noted that thousands of women participated in crimes of the Holocaust, but that gender stereotypes resulted in women often not being viewed as perpetrators, resulting in “female perpetrators [being] seldom investigated for their crimes and rarely prosecuted during the post-war trials.” He also described how socially constructed perceptions of gender, race, and other identities not only impacted who is – and who is not – included in text books and other educational tools on the Holocaust, but also how this has impacted efforts to address anti-Semitism.  “[There were so many victims of the Holocaust] but we engage in competitive victimhood, where we take the oppressor’s view of a victim’s worth,” he said. Other participants highlighted the forum’s relevance to American scholar Kimberle Crenshaw’s intersectionality theory, which details how hierarchal systems of gender and race resulted in African-American women often being excluded from the mainstream feminist movement in the United States.  In particular, participants discussed how efforts to address anti-Semitism and other forms of prejudice and discrimination have been stymied by approaches that have reinforced gender and other hierarchical power structures preventing men and women within communities from effectively working together.  Invoking American luminary James Baldwin, Finnish journalist Maryan Abdulkarim stated, “No one is free until we are all free.” She stressed the need for more inclusive efforts that move away from a focus on differences that separate the “majority” and “minorities,” and to restore humanity by challenging harmful societal constructs and working across communities, including with the “majority” to address problems. While the forum explored the importance of inclusive approaches to addressing anti-Semitism and other forms of intolerance, some participants warned that intersectionality could become an ineffective trend if care is not taken in its implementation.  Specifically, the differences between academic discussions and practice were raised.  In particular, participants cited the need for clear laws, processes, and procedures that protect all, as well as equal access to justice.   For example, laws and policies should be understandable to police, judges, and ordinary citizens, and straightforward to implement.  Researchers, funders, and advocates should be particularly mindful as to whether their efforts advance equality, or simply check a box. The art and commentary of speaker Dan Perjovschi underscored and offered insight into the societal challenges forum participants faced in efforts to address anti-Semitism, gender and other inequities in countering prejudice and discrimination at large, and the need for their continued efforts. More Information Roundtable on Fighting Anti-Semitism Looks at Turning Words into Action OSCE/ODIHR Turning Words into Action Project

  • 2017 Trafficking in Persons Report – the OSCE Region

    By Allison Hollabaugh, Counsel Human trafficking remains a pressing human rights violation around the world with the International Labor Organization estimating that nearly 21 million people are enslaved at any given time, most of them women and children. As part of U.S. efforts to combat human trafficking, the U.S. Department of State today released the 2017 Trafficking in Persons Report (TIP Report), reflecting the efforts of 187 countries and territories to prosecute traffickers, prevent trafficking, and to identify and assist victims, as described by the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Trafficking Victim Identification and Care: Regional Perspectives According to the new TIP Report, in the 2016 reporting year, countries in the OSCE region identified 304 more trafficking victims than in the previous year, for a total of 11,416 victims.  This increase is particularly notable when compared to the East Asia and Pacific, Near East, South and Central Asia, and Western Hemisphere regions, where victim identification declined, but still maintained a generally upward trend over 2014.  Trafficking victim identification and care is critical for proper management of refugee and migrant flows.  In order to help law enforcement and border guards identify trafficking victims among the nearly 400,000 migrants and refugees entering the region last year, the OSCE Office to Monitor and Combat Trafficking in Human Beings launched a new project to conduct multiple trainings, including simulation exercises, through 2018.  The first training in November 2016 included participants from 30 OSCE participating States. Victim identification and care are also critical for successful prosecutions.  Nearly every region of the world saw a drop in prosecutions of human traffickers, but an increase in convictions in the 2016 reporting year.  This trend may reflect a growing knowledge among prosecutors of how to successfully investigate and prosecute a trafficking case.  It also may reflect an overall increase in trafficking victims who have been identified, permitted to remain in-country, and cared for such that the victims—now survivors—are ready, willing, and able to testify against their traffickers.  Despite the dramatic decline in prosecutions (46 percent) in the OSCE region, convictions held steady at nearly the same numbers as the previous year. Individual Country Narratives Along with regional statistics, the TIP Report also provides individual country narratives, recommendations for the most urgent changes needed to eliminate human trafficking, and an assessment of whether the country is making significant efforts to meet the minimum standards for the elimination of human trafficking. Tier 1 countries meet the minimum standards for the elimination of human trafficking. Tier 2 countries do not yet meet the standards, but are making significant efforts to do so.  Tier 2 Watch List countries do not meet the minimum standards and are making significant efforts to do so, but have a very large or increasing number of trafficking victims, have failed to demonstrate increasing efforts over the previous year, or lack a solid plan to take additional steps in the coming year. Tier 3 countries do not meet the minimum standards and are not making significant efforts to do so. Twenty-five OSCE participating States qualified for Tier 1 in the TIP Report.  Nineteen participating States qualified for Tier 2, including Ukraine, which was upgraded this year after four years on the Tier 2 Watch List.  Five participating States were designated for the Tier 2 Watch List, including Hungary, Moldova, Montenegro, Serbia, and Bulgaria.* Four participating States were on Tier 3, including Belarus, Russia, Turkmenistan, and Uzbekistan.  States on Tier 3 may be subject to sanctions. Legislation authored by Helsinki Commission Co-Chairman Rep. Chris Smith—who also serves as the Special Representative for Human Trafficking Issues to the Organization for Security and Cooperation in Europe Parliamentary Assembly – requires the TIP Report to be produced every year.  In recent years the report has also included an assessment of the United States.   Since the inception of the report, more than 100 countries have written or amended their trafficking laws, with some nations openly crediting the report for inspiring progress in their countries’ fight against human trafficking. * OSCE participating States Andorra, Monaco, Lichtenstein, and San Marino are not included in the TIP Report.

  • The Romanian Anti-Corruption Process: Successes and Excesses

    Corruption is an issue of particular concern to the United States and the OSCE because of the threat it poses to security, economic development and human rights. Romania has a history of combating corruption since the fall of Communism, and to this day struggles to maintain transparency in its government institutions and businesses. The fight against corruption is the modern arena for the protection of democratic institutions and freedoms, which for Romania means the strengthening of its institutions and rule of law. The U.S. Helsinki Commission’s hearing on June 14, 2017, focused on Romania’s anti-corruption process, examining progress as well as recommendation for the United States to help support these goals.   “Romania’s anti-corruption efforts have garnered international attention and have been held up as an example for other countries, such as Ukraine,” observed Chairman Wicker. “We want those efforts to be successful. In holding this hearing today, we hope to support those working to fight against corruption in a way that is consistent with the rule of law and strengthens the democracy Romanians have worked so hard to build.” Witnesses at the hearing included Ambassador Marc Gitenstein, former U.S. Ambassador to Romania from 2009 to 2012 and a partner at leading global law firm, Mayer Brown; Ms. Heather Conley, Senior Vice President for Europe, Eurasia, and the Arctic, and Director of the Europe Program at the Center for Strategic & International Studies; Mr. David Clark, a British foreign policy commentator and consultant with Shifting Grounds; and Mr. Philip Stephenson, Chairman of the Freedom Group and former partner of the International Equity Partners.  Witnesses overwhelmingly stressed the need for continued anti-corruption work in Romania and made recommendations for strengthening and improving those efforts. In his opening statement, Ambassador Gitenstein conveyed his optimistic view of Romanian anticorruption efforts, and pointed to the recent mass demonstration in January of this year—the largest in Romania since 1989—as evidence of strong public support for continued progress. In this regard, he said Romania was a model for the region, and continues to meet benchmarks set by the Cooperation and Verification Mechanism (CVM) of the EU - a special monitoring mechanism established by the EU as a condition for Romania’s accession. Ms. Conley characterized the fight against corruption as “a matter of national security.”  While echoing Ambassador Gitenstein’s optimism, she underlined that Romania is not done with its fight against corruption. She stated that the United States decreased the amount of assistance to Romania after the country’s accession to the EU and NATO, suggested that this was a mistake. “This is what leaving the policy playing field looks like,” Ms. Conley argued. She warned that allowing corruption to spread and create weaknesses within Romanian institutions would allow for future exploitation by Russia. Mr. David Clark expressed concern regarding several areas of Romania’s anti-corruption measures, which he said had been tainted by the politicization of justice, collusion between prosecutors and the executive branch, intelligence agency influence over the process, lack of judicial independence and other abuses of the process. He doubted the accuracy of the European Union’s CVM progress reports due to the Union’s “epic capacity for wishful thinking,” as evidenced by how slow the EU has been to respond to the serious deterioration of democratic standards in Hungary and Poland. He pointed to several troubling human rights violations in Romania and urged the Helsinki Commission to ask hard questions of the State Department and support better reporting on corruption issues in the annual State Department Country Reports on Human Rights. Mr. Phil Stephenson described his personal experience with the Romanian judicial system and his ongoing investigation by DICOTT, an antiterrorism organization in Romania, stating that “the fight against corruption itself has been corrupted.” He appreciated the attention that the Commission was bringing to the issue of corruption in Romania and argued that continued attention will protect against deficiencies in the anti-corruption process. Note: The unofficial transcript includes a Romanian translation.

  • Helsinki Commission to Hold Hearing on Romanian Anti-Corruption Process

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: THE ROMANIAN ANTI-CORRUPTION PROCESS: SUCCESSES AND EXCESSES Wednesday, June 14, 2017 9:30 AM Senate Visitors Center (SVC) Room 212-210 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce061417 Since the fall of Communism, Romania’s greatest challenge has been the fight against corruption. This fight has largely succeeded, with powerful national-level prosecutors (the National Anticorruption Directorate) getting public support and scoring large numbers of convictions ranging from the level of local politicians to former Prime Ministers. However, two worrying trends have developed recently. First, in what was seen as an attempt to exempt government officials from prosecution, a move by the government to pardon government officials whose abuse of office caused damages of less than $47,000 led to the largest mass protests since 1989. Second, there are indications that some elements of the Romanian state, including possibly the security services, are using the necessary and popular fight against corruption as a pretext, in a few cases, to punish political opponents and expropriate business interests. The hearing will examine the current state of the Romanian anti-corruption process with goal of understanding its successes and excesses and how best to respond. The following witnesses are scheduled to testify: Ambassador Mark Gitenstein, Special Counsel, Mayer Brown Heather Conley, Senior Vice President, Center for Strategic and International Studies David Clark, Foreign Policy Commentator and Consultant Philip Stephenson, Chairman, Freedom Capital

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