Property Restitution, Compensation and Preservation: Competing Claims in Post-Communist Europe

By Donald Kursch, Senior Advisor American and German delegates to the Winter Session of the OSCE Parliamentary Assembly (OSCE PA) recently hosted a special forum in Vienna during which more than 75 parliamentarians from 17 countries expressed their support for efforts to combat anti-Semitism in the OSCE region. The forum was organized by the cooperative efforts of United States Helsinki Commission Co-Chairman and Chairman of the US Delegation to the OSCE PA Rep. Christopher H. Smith (R-NJ) and German Bundestag Member Dr. Gert Weisskirchen. Helsinki Commission Members Rep. Steny H. Hoyer (D-MD), Rep. Benjamin L. Cardin (D-MD) and Rep. Alcee L. Hastings (D-FL), as delegates to the Parliamentary Assembly, actively participated in the discussions. The forum also included parliamentarians from Bulgaria, Canada, the Czech Republic, Finland, France, Hungary, Italy, the Netherlands, Romania, Russia, Serbia and Montenegro, Sweden, Turkey and the United Kingdom. OSCE PA President Bruce George and Secretary General Jan Kubis also attended the meeting. Participants expressed their readiness to support the Parliamentary Assembly’s Berlin Declaration of July 2002 denouncing anti-Semitic violence and agreed that a pro-active approach by parliaments and governments are essential to counter anti-Semitism throughout the 55-nation OSCE region. That measure, based on a draft introduced by the U.S. delegation, was unanimously adopted in Berlin. Dr. Weisskirchen and Rep. Smith obtained substantial support for the German-U.S. joint action plan of December 2002 to combat anti-Semitism which encourages “all OSCE countries to enact appropriate criminal legislation to punish anti-Semitic acts and ensure that such laws are vigorously enforced.” The action plan also addresses the need for renewed educational efforts to counter anti-Semitic attitudes and stereotypes, and the proliferation of anti-Semitic and neo-Nazi material via the Internet. Dr. Weisskirchen opened the Vienna meeting by recalling Germany’s experience and stressed the importance of preventive action. He said that anti-Semitism is a virus that may appear small in the beginning but can quickly gain momentum, poison the body of state institutions and destroy democracy itself. Co-Chairman Smith cited the need for collective action and referred to a resolution he and Commissioner Cardin introduced in the U.S. House of Representatives to combat anti-Semitism that places particular emphasis on law enforcement and education. Mr. Michel Voisin, head of France’s delegation to the Parliamentary Assembly, described a new law passed unanimously by both houses of the French Parliament that doubles penalties for anti-Semitic and racist violence. He cited the law as an example of decisive action parliaments can take. Voisin noted that prior to the approval of this law on February 3, 2003, anti-Semitic and racist motives were not taken into account when punishing perpetrators of violence. According to Voisin, France is vigorously tackling the problem posed by proliferation of anti-Semitic and neo-Nazi material over the Internet and stressed that providers who knowingly promulgate such material will be held responsible. Austrian journalist and human rights activist, Marta Halpert, addressed the gathering as an expert witness. Citing the Austrian experience, she underscored how political populism was breaking old taboos in many European countries. Populists sought to fill gaps in the political spectrum by appealing to frustrated voters seeking simple solutions to complex problems, according to Halpert. Halpert said politicians such as Jörg Haider in Austria and Jürgen Möllemann in Germany used language to encourage those in the electorate who assert that “the Jews encourage anti-Semitism themselves.” She noted how Haider’s high profile has enabled individuals with extremist views to “enter the mainstream” and cited the example of an Austrian neo-Nazi who writes a regular column for a high circulation national newspaper. Halpert stressed the importance of politicians in all parties to vigorously denounce those who use xenophobia and anti-Semitism to appeal to the base fears of the electorate. Parliamentarians from several other OSCE participating States, including Canada, the Czech Republic, Italy, Sweden and Denmark, expressed their support for the joint German-American efforts. Canadian Senator Jerry Grafstein, OSCE PA Treasurer ,strongly endorsed the German-American initiative and praised the OSCE for leading international institutions in combatting anti-Semitism. He reminded his colleagues that “silence is acquiescence” and stressed that all parliamentary bodies of the OSCE participating States should take a strong, public stance condemning anti-Semitism in all its forms. Members of the Canadian, French, German, Italian and Swedish delegations signed formal statements of solidarity with the German-American initiative. Canadian MP and Third Committee Vice-Chair Sven Robinson said the fight against anti-Semitism attracts support across party lines in his country where efforts are underway to formulate a stronger response to those responsible for hate crimes. Czech MP and head of delegation Petr Sulak expressed solidarity with the initiative and recalled the immense suffering that anti-Semitism had brought to his country and elsewhere in central Europe. In his country alone, more than 300,000 had perished in the Holocaust. Italian Senator Luigi Compagna and MP Marcello Pacini highlighted proposals introduced into Italian legislative bodies to condemn anti-Semitism. According to Compagna and Pacini, such proposals are unprecedented. Various speakers raised the need to counter the proliferation of racist and anti-Semitic material through the Internet and endorsed the French delegation’s call for restrictions. Canadian MP Clifford Lincoln asserted that Internet service providers had to assume a greater sense of responsibility and questioned why measures to accomplish this would be a restriction on freedom of speech. Germany’s head of delegation, Bundestag Member Rita Süssmuth, said that speech should not be permitted to “ignore the dignity of others.” Rep. Cardin noted the need to trace material transmitted by the Internet more easily, but noted the delicacy involved in finding ways to do this that respect the right of freedom of expression. Rep. Cardin also congratulated the French on the passage of their new law and particularly endorsed its emphasis on motivation for a criminal act. This distinction was of great importance. He added that we also needed to increase the capability of schools and teachers to instruct the next generation to be fair minded and tolerant. Echoing this sentiment, Mr. Smith pointed out that youth are not inherently inclined to hate, but needed to be “taught by their seniors to hate.” He advocated that more resources should be devoted to promoting Holocaust awareness. Danish MP Kamal Qureshi also recommended better education and training for police, who needed to learn how to distinguish between anti-Semitic and racist motivated crime and common criminal acts. U.S. Helsinki Commission and OSCE PA Vice President Rep. Alcee Hastings suggested the OSCE consider granting a special award to individuals who had done the most in the region to combat anti-Semitism. U.S. Ambassador to the OSCE, Stephan Minikes, spoke of plans by OSCE Chairman-in-Office, Netherlands Foreign Minister Jaap de Hoop Scheffer, to hold a special conference on anti-Semitism. The date for such an OSCE conference has not been announced, but officials anticipate the two-day Vienna meeting will precede the Parliamentary Assembly’s July 2003 Annual Session to be held in Rotterdam. Topics will likely include the role of governments in monitoring anti-Semitism, appropriate legislation, education, law enforcement training and the role of civic leaders and NGOs in combatting anti-Semitism. Russian Duma member, Elena Mizulina, noted that some progress has been made in her country. She hailed a new law condemning racism and extremism as a “milestone,” and praised the efforts of President Vladimir Putin in supporting the legislation. However, according to Mizulina, much work remains. Mizulina said that anti-Semitic attitudes in Russia are much too common among the general population as well as elected officials. She said such attitudes are particularly common in Russia’s provinces where even certain state governors were still not embarrassed to express anti-Semitic views openly. Mizulina said that representatives from Russia and other CIS countries need to speak out more forcefully to condemn anti-Semitism and racism. She added that the OSCE Parliamentary Assembly has not done enough and strongly endorsed the notion that anti-Semitism be considered as a separate agenda item at the Rotterdam meeting. Delegates also welcomed the decision by the OSCE Chairman-in-Office, Dutch Foreign Minister Jaap de Hoop Scheffer, to convene a special OSCE meeting on xenophobia and anti-Semitism in the coming months. At the same time, they agreed that the Parliamentary Assembly needs to remain actively involved and that continuing the fight against anti-Semitism must be a high priority item at the Assembly’s Annual Session. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

By Donald B. Kursch, CSCE Senior Advisor The United States Helsinki Commission hosted an inter-Parliamentary Forum December 10, 2002 on Confronting and Combating anti-Semitism in the OSCE Region. The meeting, held in conjunction with the observance of International Human Rights Day, strengthened the partnership between members of the U.S. and German delegations which began earlier this year in Berlin during the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA). This process was launched in response to shared U.S. and German concerns with the upsurge in anti-Semitism in many parts of the 55-nation OSCE region and is designed to encourage parliaments to take decisive actions to counter this disturbing trend. A letter of intent outlining concrete steps to be pursued was signed at the conclusion of the Forum. Chairing the meeting jointly were Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and German Bundestag Member Professor Gert Weisskirchen of the Social Democratic Party (SPD) Group. Helsinki Commission Members Rep. Benjamin L. Cardin (D-MD) and Rep. Alcee L. Hastings (D-FL) also participated, with Rep. Joseph Crowley (D-NY) in attendance. Other German Bundestag participants were Dietmar Nietan of the SPD and Markus Löning of the Liberal Party (FDP). Senator Jerahmiel Grafstein (Liberal Party) of the Senate of Canada also took part in the Forum. In his opening statement, Rep. Smith, who led the U.S. Delegation to Berlin, reaffirmed the principles that were set out in a U.S.-sponsored resolution from the Berlin OSCE PA meeting that anti-Semitism must have no place in the 21st century and that parliaments should “take concrete steps to make this vision a reality.” He expressed the hope that representatives of other parliaments from the OSCE participating States would join this process. Prof. Weisskirchen defined anti-Semitism as a unique kind of racism. He stressed that the threat of ethnic hatred is an affront to the principles of democracy. Weisskirchen suggested that programs with long-term goals would be most effective at combating anti-Semitism and that focusing “on the education, both formal and informal, and on the media and on religion” are vital parts of a preventive strategy. Rep. Cardin spoke to two points raised in the letter of intent. The first was the importance of education as a tool of erasing ignorance and promoting tolerance. The second was the establishment of a “coalition of the willing” to address the rise of anti-Semitic propaganda in the OSCE’s Mediterranean Partners for Cooperation, including Egypt. He proposed a parliamentary dialogue with these countries to deal with this problem. Rep. Hastings noted that in his home state of Florida a 1400 percent increase in anti-Semitism occurred this past year and that much of this increase was attributed to people under 21 years of age. Mr. Nietan spoke from the perspective of a member of the younger generation of parliamentarians in the German Bundestag. Like his colleagues, he emphasized youth education as a crucial step in fighting discrimination. Mr. Löning emphasized two points: the need for instilling respect for other peoples, especially minorities, and creating the ability to “deal with the identity of others on an open and fair basis.” Senator Grafstein noted a disturbing increase in anti-Semitic incidents in Canada pointing out that there had been four arson attacks on synagogues during the past year, a number greater than at any time in his country’s history. He underscored his strong support for complementary parliamentary initiatives process and his determination to have the Canadian Parliament adopt a resolution he has introduced condemning anti-Semitism. Three European and three American expert witnesses shared their views and recommendations with the parliamentarians. The first witness was Juliane Danker-Wetzel from the Center for Research on Anti-Semitism of the Technical University in Berlin. She tied the rise of anti-Semitic acts in the European Union states to the recent conflict in the Middle East. Danker-Wetzel pointed to the Internet as an important conduit for disseminating anti-Semitic propaganda. She then highlighted how the Arab-Israeli conflict and criticism of Israel is often linked to anti-Semitic attitudes. Ken Jacobson, Associate National Director of the Anti Defamation League began by suggesting the OSCE as an “ideal forum for meaningful action.” He noted a rise in the incidences of hate propaganda, citing the “big lie” which holds that Jews were responsible for the terrorist attacks of September 11, 2001. He concluded with ten recommendations for fighting the virus of anti-Semitism, including increased anti-Israel bias and Holocaust awareness education programs, improved monitoring instruments and training for law enforcement and military personnel. Jacobson also recommended that the 60th anniversary of the Warsaw Ghetto uprising in April 2003 be utilized for a special meeting to stress Holocaust education. Dr. Hanno Loewy, Founder of the Fritz Bauer Institute in Frankfurt, argued that the most serious threat of anti-Semitism in Europe derives from the conflicts and discontent that exist in a post-colonial world. He cited as evidence, the large immigrant populations in Europe, who brought with them anti-Semitic beliefs. Loewy recommended that European countries establish legal structures regarding education, tax collection and access to public funds for Europeans of Islamic faith comparable to those that Christians and Jews already have. Ambassador Alfred Moses, former President of the American Jewish Committee, asserted that modern manifestations of hatred towards Jews are rooted in a tradition of anti-Semitism that has plagued Europe for centuries. He argued that anti-Semitism must be defined more broadly than a “purely political phenomenon.” As such, he recommended that the United States and Germany use their influence in organizations such as the OSCE, NATO and the EU to raise anti-Semitism as a top priority to be addressed at the highest levels. Rabbi Israel Singer, President of the World Jewish Congress, highlighted the problem of cynicism and indifference on issues of anti-Semitism by legislators. He deplored how Holocaust restitution efforts were used by some Europeans to justify anti-Semitic attitudes, an increased tendency by European politicians to use anti-Semitic nuances to appeal to certain constituencies, and the lack of balance in the positions of certain international institutions, such as the World Council of Churches, to developments in the Middle East. The final panelist, Dr. Arkadi Vaksberg, Deputy Head of the Moscow PEN Center, recommended that a uniform legal structure be established across Europe and Russia for dealing with issues of human rights. He supported a clear and concrete definition of anti-Semitic acts, as well as creating an international commission to monitor and fight global anti-Semitism on a global basis. Rep. Smith and Prof. Weisskirchen, concluded the Forum by signing a “Letter of Intent” that affirms a commitment to work together closely to fight anti-Semitism and encourage their colleagues in the U.S. Congress, German Bundestag, and in the parliamentary legislative bodies of other OSCE participating States, to adopt an action plan of concrete measures to counter anti-Semitic actions and attitudes. Recommended measures include: the adoption of parliamentary resolutions condemning anti-Semitism; the swift, forceful and public denunciation by parliamentarians of anti-Semitic acts; the enactment and vigorous enforcement of appropriate criminal legislation to punish anti-Semitic actions; the promotion of educational efforts among younger persons to counter anti-Semitic stereotypes; and the creation of an OSCE Parliamentary Assembly-based “coalition of the willing” among OSCE parliamentarians to address anti-Semitic propaganda that appears to be increasing rapidly in a number of countries designated as OSCE Mediterranean Partners for Cooperation. The signatories pledged to meet again in conjunction with the February 2003 Winter Session of the OSCE Parliamentary Assembly in Vienna to evaluate progress, seek active support from other parliamentarians and determine how the July 2003 Annual Session of the OSCE Parliamentary Assembly to be held in Rotterdam can be best utilized to combat anti-Semitism. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

By John Finerty, CSCE Staff Advisor On October 15, 2002, the Helsinki Commission held a briefing devoted to two recently issued reports on the subject of ethnic and religious intolerance in today’s Russia: the Moscow Helsinki Group’s “Nationalism, Xenophobia and Intolerance in Contemporary Russia” and “Anti-Semitism, Xenophobia, and Religious Persecution in Russia’s Regions” issued by the Union of Councils for Jews in the Former Soviet Union. Expert panelists were Ludmilla Alexeyeva, Chairperson of the Moscow Helsinki Group; Tatyana Lokshina, International Department, Moscow Helsinki Group; Micah Naftalin, Executive Director of the Union of Councils for Jews in the Former Soviet Union; and Dr. Leonid Stonov, Director of International Programs for the Union. In his opening statement, Commission Senior Advisor Donald Kursch welcomed the prospect of openness and tolerance in Russia, calling for the Russian leadership to set an example for its citizens to emulate. “Achieving success in the fight against intolerance demands strong leadership by the Russian Government and the Duma to provide effective legislation, regulations and standards. Training and sensitizing public officials...to be proactive in dealing with attacks on religious and ethnic minorities is critical,” he remarked. The panelists described the rise of ethnic and religious intolerance in several regions of the Russian Federation and the general lack of adequate response by authorities to the violence that frequently accompanies this intolerance. Such inaction, Alexeyeva contended, sends a message encouraging further manifestations of violence based on xenophobia and intolerance. She pointed to growing prejudice against persons from the Caucasus region of Russia, “Caucasophobia (sic) is definitely the most serious problem that Russia is faced with today. It is very widespread among the population in general, at all levels.” As an example of this phenomenon, Ms. Alexeyeva cited remarks by the former governor of the Krasnodar Region, Alexander Tkachev, who stated that people who do not have Russian last names or last names with typical Russian endings “have no place in the territory of Krasnodar Region.” Ms. Lokshina addressed the “religious xenophobia” carried out against minority religions, most notably against Catholics. There have been several instances in which Catholic clergymen from abroad have been denied permission to return to the Russian Federation despite their possession of valid entry visas and longstanding ties with their Russian parishes. “The introduction of educational programs that focus on the dangers of racism, nationalism and xenophobia and that foster respectful attitudes toward cultural diversities in officials, especially in police officials, judges and law enforcement, is vital and necessary in Russia,” she contended. Mr. Naftalin supported the statements made by the prior panelists, raising particular concern about anti-Semitism in the Russian Federation. He reported that, according to his organization’s research, there had been instances of xenophobic aggression and anti-Semitism in 63 of Russia’s 89 regions, and that violent incidents against minorities in Russia has increased 30 percent from last year. This exemplifies “a failed criminal justice system that it is in both Russia's and America's interest to repair,” he asserted. Against the negative attitudes of many public officials, Mr. Naftalin complimented the positive attitude and actions of Russia’s Human Rights Ombudsman, Oleg Mironov, and his regional network of regional offices. Naftalin concluded that the West should treat and monitor human rights abuses as seriously as the West monitors and inspects access to weapons of mass destruction. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission Intern Shadrach Ludeman contributed to this article.

By Erika B. Schlager Counsel for International Law On September 10, 2003, the Commission on Security and Cooperation in Europe (the Helsinki Commission) held a briefing to assess the status of governmental efforts to provide restitution of, or compensation for, property wrongfully seized in Europe under communist and Nazi rule. Ambassador Randolph M. Bell, Special Envoy for Holocaust Issues, provided an update on developments since his participation in the Commission's July 2002 hearing on this subject. Helsinki Commission Ranking Member Benjamin L. Cardin (D-MD) chaired the September 10 briefing, noting that "this issue will continue to be on our agenda until we accomplish the objectives of transparent laws in all of the states [and] fair and just compensation for the properties that were unlawfully taken during the Nazi and communist years." The Helsinki Commission has previously held three hearings specifically on these issues. In a related development, on October 13, Commission Chairman Rep. Christopher H. Smith (R-NJ), Mr. Cardin, Commissioner Rep. Joseph R. Pitts (R-PA), and Representative Jo Ann Davis (R-VA) met with Polish officials in Warsaw to raise directly their concerns regarding Poland's failure to adopt any private property restitution or compensation law at all. Members met with Piotr Ogrodzinski, Director of the Americas Department at the Polish Ministry of Foreign Affairs, Andrzej Szarawarski, Secretary of State at the Ministry of the Treasury, and Under-Secretary of State Barbara Misterska-Dragan. The Members reminded their interlocutors that President Kwasniewski and Foreign Minister Cimoszewicz gave their personal assurances to congressional leaders (including Chairman Smith) in a meeting with House Speaker Dennis Hastert in July 2002 that a private property law would be ready by the beginning of 2003. Notwithstanding this pledge, the Government of Poland has failed to submit such a law to parliament. In Warsaw, Members voiced acute frustration at continuing delays and urged the Polish Government to move quickly on this time-sensitive issue. Briefing Reviews Mixed Record In his introductory remarks, Ambassador Bell stressed that a number of measures must be in place for effective restitution: open access to archival records, uniform enforcement of laws, clear procedures, and provisions for current occupants of property subject to restitution. Uniform, fair, and complete restitution is necessary to establish the rule of law and to safeguard rights and freedoms in many countries, he noted. Ambassador Bell also suggested that restitution can facilitate reform and thereby help countries gain entry into multilateral institutions. Most OSCE countries working toward restitution are making slow but steady progress on the return of communal property, such as educational, church, and hospital buildings. According to Bell, some countries have nearly completed the return of such property, including Slovakia, Slovenia, and Bulgaria. In other instances, returning property to its owners, or reimbursing them, is fraught with political obstacles. "While leaders may achieve our praise for facing these issues, they often gain little or nothing in the way of parliamentary support at home for doing so," Bell said. Speaking from the audience, one observer suggested that restitution often stalls when it becomes a political issue that leaders can manipulate and that economic challenges in restitution create further challenges. He added that politicians should speak more frequently and positively about their experiences restoring property to the rightful owners. "This is a part of the process of becoming an open democratic society, part of the family of Western nations," he said. Progress has been frustratingly slow, acknowledged Commissioner Cardin. The Commission has frequently encountered barriers to restitution, such as residency or citizenship requirements and management of funds under different domestic laws. "We have found that we have gotten commitments from the leaders of countries, only to find that those commitments are not really carried out," Cardin said. Another audience member expressed concern that the Slovenian Government has discriminated against American property owners, arguing that as foreigners, they were less likely to have property returned in Slovenia. Ambassador Bell noted that even when a court does rule in favor of a claimant, the Slovenian Government has the ability to appeal for a reversal. He said the State Department would continue to press for fair property returns in Slovenia. A few countries came in for particular criticism during the briefing. "I am following the advice of our chairman, Chairman Smith, when he says that we have to start naming countries and naming practices, because we cannot let this continue," Mr. Cardin said. "The current situation is not acceptable in Poland or in Romania or in the Czech Republic." Poland Poland has failed to adopt any law providing for private property restitution or compensation. In meetings with congressional leaders last July, visiting President Aleksander Kwasniewski and Foreign Minister Wlodzimierz Cimoszewicz gave assurances that a draft private property law would be ready by early 2003. The government has yet to submit a draft to the parliament. Ambassador Bell urged Poland to make good on its promises to return private property to its rightful owners. "To delay action will only make it more difficult to address this issue down the road," he said. Romania Property restitution in Romania since the fall of communism has been slow and ineffective. The laws enacted by the government to address the problem lack transparency, are complex, and have not been properly implemented. The law governing the restitution of private property was enacted in February 2001 and provided a one-year deadline for filing claims. Documentary proof of those claims was required to be submitted by August 2002. This deadline was revised several times and finally set for May 14, 2003, due to the fact that claimants were experiencing great difficulty in obtaining from state archives the necessary documents to support their claims. More than two and a half years after enactment of the restitution law, the government finally promulgated regulations governing the documentation necessary to support property claims--on May 14, 2003, the same day as the deadline for filing those claims. Of 210,000 claims registered, only 6,300 properties have been returned. Commissioner Cardin described one Romanian case that suggests the kinds of struggles involved with restitution. The claimant in that case had clear title to the property and had won multiple cases in court--but was still unable to regain the property because the government would not relinquish it. Ultimately, the property was returned because of the international publicity it generated. Czech Republic The Czech Republic's restitution laws limit redress for confiscated properties to people who are currently citizens of the Czech Republic. Prior to 1999, Czech law prohibited naturalized U.S. citizens from having dual Czech and American citizenship. In order to participate in the property restitution program, therefore, Czech-Americans had to renounce their U.S. citizenship and few, if any, Czech-Americans exercised this option. In other words, at the same time the Czech Republic was being welcomed into NATO, Czech Americans were uniquely excluded by virtue of their U.S. citizenship from the possibility of regaining properties stolen from them by Nazi or communist regimes. (Czechoslovak citizens who sought refuge in other countries--e.g., Canada, France, or Australia--were not automatically stripped of their Czechoslovak citizenship and were therefore eligible to make restitution claims.) Some Czech parliamentarians have sponsored legislation to remedy this injustice, but the Czech Government has consistently opposed it. Serbia Since the fall of the Milosevic regime, civil society has sought to advance a number of initiatives to address past wrongs, including property reform. While privatization is an important component of economic reform, there is concern that insufficient consideration is given to individuals seeking restitution of property they or their families owned prior to World War II. One observer from the audience noted that the International Crisis Group and others have reported that corruption may make the privatization effort in Serbia all the more difficult for those with property claims. Addressing this issue, Ambassador Bell asserted that corruption inevitably slows down privatization. In addition, he noted that, although the Serbia-Montenegro Government has said it will restitute property seized during communist rule, no law has yet been put in place to do so. "There is a gap between what the new democratic Government of Serbia said when it took office, and what has happened," he said. There are people in the government of Serbia and Montenegro who are serious about reform, but it is a difficult struggle, he added. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Lauren Smith contributed to this article.

By Maureen T. Walsh, CSCE General Counsel On July 16, 2002, the Commission on Security and Cooperation in Europe held a public hearing titled “Property Restitution in Central and Eastern Europe: The State of Affairs for American Claimants” on the status of property restitution, with a particular focus on claims in Poland, the Czech Republic, and Romania. This was the Commission’s third hearing on the issue of property restitution; previous hearings were held in 1996 and 1999. In his opening statement, Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) acknowledged that “Central and East European governments have done much regarding property restitution that is commendable.” Smith noted that “governments seeking membership in Western institutions want to be perceived as reform governments by passing a private property restitution law. . Upon closer examination, however, one finds lackluster the implementation of the laws” as well as serious rule of law problems and discriminatory citizenship requirements that continue to impede restitution and compensation efforts. Commissioner Rep. Joseph R. Pitts (R-PA) expressed the need for countries addressing problems created by the legacies of fascism and communism to “address all pertinent issues and cases, including claims of those individuals or families who may fall between the cracks of current laws.” According to Commissioner Rep. Benjamin L. Cardin (D-MD), barriers to restitution and compensation dealt the survivors of the Holocaust a second tragedy. In response, he made clear that “we will not stop until all the OSCE states treat property restitution in a serious way by having effective laws to compensate for illegally confiscated property.” Commissioner Senator Hillary Rodham Clinton (D-NY) expressed a need “to constantly be creating an atmosphere in which these claims are viewed as appropriate, legitimate, and justiciable.” She stressed “the rapid restitution of assets that were stolen during that horrible period is a critical step towards achieving some measure of fairness.” “As the countries of Eastern and Central Europe consider reforming their property restitution laws, they can look to the United States as a leader in considering the restitution of World War II era property,” Senator Clinton concluded. Rep. Joseph Crowley (D-NY), a member of the House International Relations Committee, urged the Bush Administration to ensure that progress on property restitution claims be considered as a component for European Union membership. Rep. Crowley’s remarks focused on the lack of a private property restitution law in Poland where he stated “as many as 170,000 property owners and their heirs still wait for legislation that will restore their rights.” He also noted that “the protection of property rights is a basic requirement for all democratic governments that operate under the rule of law.” Witnesses reiterated two themes throughout the hearing: the protection of property rights as a requirement of democratic governments and the need for states to recognize their responsibilities to resolve outstanding restitution claims. The first witness, Special Envoy for Holocaust Issues at the U.S. State Department, Randolph Bell, said the U.S., in its diplomatic relations, emphasizes that restitution processes must be clear, straightforward and non-discriminatory. Countries are encouraged to adopt broad legislation that provides restitution for the variety of claims which are being made. Mr. Bell remarked, “in joining the Euro-Atlantic mainstream and applying for membership in organizations, [Central and East European states] are seeking to join a community of values.” He outlined the following principles that these states should bear in mind when addressing property restitution: Restitution laws should govern both communal property owned by religious and community organizations, and private property owned by individuals and corporate entities. To document claims, access to archival records frequently requiring government facilitation is necessary. Reasonable alternative evidence must be permitted if archives have been destroyed. Uniform enforcement of laws is necessary throughout a country. The restitution process must be non-discriminatory, there should be no residence or citizenship requirement. Legal procedures should be clear and simple. Privatization programs should include protections for claimants. Governments need to make provisions for current occupants of restituted property. When restitution of property is not possible, adequate compensation should be paid. Restitution should result in a clear title to the property, not merely the right to use the property. Communal property should be eligible for restitution or compensation without regard to whether it had a religious or secular use. Some limits on large forest or agricultural holdings may be needed. Foundations managed jointly by local communities and international groups may be appropriate to aid in preparation of claims and to administer restituted property. Cemeteries and other religious sites should be protected from desecration or misuse before and during the restitution process. Mr. Bell emphasized the common goals of the legislative and executive branches in pursuing these issues. He recommended Congress and the Administration continue to encourage Central and East European states to enact addition legislation to allow greater property restitution and to hold the governments of those states accountable to the public declarations they have previously made. The second panel of witnesses was comprised of Israel Singer, President of the Conference on Jewish-American Claims against Germany and Co-Chairman of the World Jewish Restitution Organization; Yehuda Evron, U.S. President of the Holocaust Restitution Committee; Mark Meyer, attorney and Chairman of the Romanian-American Chamber of Commerce; and Olga Jonas, economist and member of several non-governmental organizations addressing issues in the Czech Republic. These witnesses’ statements revealed broad dissatisfaction with the current status of restitution efforts. Israel Singer reported that many East European states had “enacted restitution legislation with cut-off dates with the effect, whether intended or not, of restricting the rights of Jewish communities and others with legitimate claims to reclaim their property.” He emphasized the critical importance of timeliness in resolving restitution claims by stating that Holocaust survivors are dying at a rate of 15 percent per year. Singer urged the Commission to pursue three goals: first, to follow his “report card” on countries’ efforts toward restitution and to insist on greater accountability for any shortcomings. Second, to question why NATO allies allow property restitution to be used as an excuse for anti-Semitism within their borders. And third, to reiterate to these allies that resolution of property restitution issues is not only a material obligation, but also a moral obligation. Yehuda Evron’s testimony focused on restitution in Poland where, Evron said, “Efforts to return property to former owners have been uneven, and often unsuccessful or worse, discriminatory.” Like Mr. Singer, he reiterated the dire need for resolution of these claims and declared the efforts thus far to resolve American claims in Poland a failure. Evron noted the law on restitution which the Polish Government is currently crafting will reportedly offer a symbolic monetary compensation to the rightful owners rather than actual return of confiscated property. Describing why Holocaust survivors will not be satisfied with symbolic compensation, Mr. Evron explained, “We survivors lost all of our families. The homes that are left are the only thing left from our family. There is no money in the world that can compensate for this house, and we don't want any money.” Mark Meyer described the property restitution situation in Romania. Mr. Meyer, an attorney with extensive experience representing property claimants, acknowledged Romania’s efforts in passing a restitution law, but criticized the law for having “so many exceptions to the overall principle of in-kind restitution that in fact it is not providing very much in the way of in-kind restitution at all. Instead it offers restitution in the equivalent.” Meyer described the claims process as a “procedural morass” and a “bureaucratic meltdown” because of the multiplicity of obstacles facing claimants. Meyer recommended that Romania broaden in-kind restitution. When in-kind restitution is not feasible, he suggested that long-term bonds be issued rather than cash compensation. He also argued for the inclusion of personal property restitution in any amendments to the Romanian restitution law. Meyer noted the importance of Romania rescinding Law 112 of 1995 which currently allows tenants of seized property to purchase that property, thus further complicating return of the property to the original owner. Olga Jonas testified concerning property restitution in the Czech Republic. Ms. Jonas criticized Czech policy on the return of confiscated properties as being intended “to directly benefit communist and former communist functionaries who have acquired these properties or who hope to acquire them in privatization.” Ms. Jonas enumerated several particularly egregious restrictions on property restitution including the disallowance of restitution to “all persons who are not considered Czech citizens by the Czech Government, to legal persons, and to those victims whose Nazi-confiscated assets were to be returned by the 1945 restitution laws but [which were not actually returned] before the communist takeover.” She noted the U.N. Human Rights Committee’s multiple rulings that by denying U.S. citizens the right to restitution of confiscated property the Czech Government has violated the non-discrimination requirement of the International Covenant on Civil and Political Rights. Two days after the hearing, Co-Chairman Smith hand-delivered a letter to Polish President Aleksander Kwasniewski during a meeting with congressional leaders in Washington, stressing the urgent need for a non-discriminatory law governing restitution or compensation of private property confiscated from individuals by the Nazi or communist regimes in Poland. In response, President Kwasniewski underscored Poland's good will in tackling this problem, which he characterized as more difficult in Poland that some other countries because of post-World War II border changes. He said he expected to have a draft law ready by the beginning of next year — one that would not include any citizenship restrictions. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives, and one official each from the Departments of State, Defense, and Commerce. United States Helsinki Commission intern Georgianna Gaines contributed to this article.

By H. Knox Thames, CSCE Counsel The United States Helsinki Commission held a hearing May 22, 2002 on the continuing wave of anti-Semitic attacks that has swept across Europe this year. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing. Commissioners Rep. Benjamin Cardin (D-MD), Senator George V. Voinovich (R-OH), and Senator Hillary Rodham Clinton (D-NY) also participated. Testifying before the Commission were Shimon Samuels, Director of the Simon Wiesenthal Center in Paris; Mark B. Levin, Executive Director of NCSJ: Advocates on behalf of Jews in Russia, Ukraine, the Baltic States & Eurasia; Alexandra Arriaga, Director of Government Relations for Amnesty International USA; Rabbi Andrew Baker, Director of International Jewish Affairs for the American Jewish Committee; and Kenneth Jacobson, Director of International Affairs Division for the Anti-Defamation League. Co-Chairman Smith opened the hearing with an urgent appeal to combat increasingly frequent acts of anti-Semitism – including synagogue fire bombings, mob assaults, desecration of cultural property and armed attacks. He detailed the Organization for Security and Cooperation in Europe’s strong position on anti-Semitism, but voiced dismay that some participating States have not taken appropriate measures to combat acts of violence and incitement. “Anti-Semitism is not necessarily based on the hatred of the Judaic faith, but on the Jewish people themselves,” Smith said. “Consequently, the resurfacing of these . . . acts of violence is something that cannot be ignored by our European friends or the United States.” In a submitted statement, Chairman Ben Nighthorse Campbell stated, “The anti-Semitic violence spreading throughout the OSCE region gives cause for deep concern for its scope and viciousness.” Senator Campbell insisted “no longer can these acts of intolerance and violence be viewed as separate occurrences.... [Such] manifestations of anti-Semitism must not be tolerated, period, regardless of the source.” Senator Voinovich expressed consternation over the increasing number of attacks in Europe. He stated he was “saddened and deeply disturbed by reports of anti-Semitism that have taken place recently in some of the world’s strongest democracies: France, Germany, Belgium.” Senator Voinovich added, “Many of Europe’s synagogues have become targets of arson and Molotov cocktails.” Senator Clinton added, anti-Semitism “is something for which all of us have to not only be vigilant but prepared to take action.” She urged President Bush to raise the issue during his planned trip to Europe, and expressed hope that the OSCE commitments undertaken by European governments, in reference to anti-Semitism, would be “followed up by action.” Rep. Cardin, in his opening statement, hoped the hearing would “remind OSCE participating States that they have pledged to unequivocally condemn anti-Semitism and take effective measures to both prosecute those committing such hate crimes and to protect individuals from anti-Semitic violence.” Rep. Cardin also expressed his disappointment that European governments had not taken a more aggressive stand. Dr. Samuels presented chilling testimony on the extent of anti-Semitic attacks in Europe and the failure of European governments and the international community to respond effectively. “Every Jewish building in Paris requires protection,” Samuels testified, reading from a January 16, 2002 Le Monde article. “Any child leaving school may be beaten because he is Jewish, only because he is a Jew.” Among the hundreds of attacks in France just this year, Samuels cited several compelling stories: An eight-year-old girl was wounded by a bullet when a Jewish school bus came under fire in suburban Paris. A rabbi’s car was defaced by graffiti that read “Death to the Jews.” Rather than documenting these incidents as anti-Semitic violence, the French Government identified them as a broken windshield and an act of vandalism, respectively. In effect, there exists what Dr. Samuels called a “black box of denial.” The perpetrators often go unpunished. Mr. Levin addressed anti-Semitism in the former Soviet states, urging appropriate criticism of countries’ shortcomings and recognition of their successes when it comes to combating anti-Semitism. Enforcing existing laws, using the bully pulpit, outreach to the general public, furthering understanding through education, and encouraging a role for religious leaders are all important steps, Levin testified. He concluded, “It is our hope and it is our expectation that when President Bush meets with President Putin in Moscow. . . he will carry this message.” Ms. Arriaga testified that Amnesty International strongly condemns the recent spate of anti-Semitic attacks. “These acts are violations of the most fundamental human rights committed on the basis of an individual’s religion or identity,” she said. Ms. Arriaga made two recommendations. One, President Bush should raise issues of law enforcement accountability and other steps toward combating racist and anti-Semitic attitudes with Russian President Vladimir Putin at the late-May U.S.-Russia summit. Two, Congress should consider lifting the Jackson-Vanik amendment as a means of leveraging discussions. Rabbi Baker made a compelling statement that further highlighted the severity of anti-Semitism. Like Samuels, Baker outlined three sources of hatred that have converged to create the situation in which Europe now finds itself. They include radicalized Muslims, incited by the scathing coverage of Israel in the Arabic press; the surge in popularity of Europe’s far right wing; and a growing hatred of Israel on Europe’s left wing. “The image of an Israeli who is frequently portrayed as an aggressive violator of human rights is quickly conflated with the Jew,” Baker testified. Taking this one step further, Baker continued, cartoonists have depicted Israeli leaders with gross physical exaggerations just as the Nazis depicted the Jewish “villain.” Baker observed the need for U.S. political leaders to approach European leaders “in measured and sober tones.” Concluding his testimony, Baker acknowledged that the U.S. has been European Jewry’s strongest ally in the fight against anti-Semitism. Mr. Jacobson’s testimony framed the issue of anti-Semitism as a national security matter for the United States. Anti-American and anti-Jewish sentiments often go hand-in-hand, he said. Typically, this sort of hatred spreads from one region in the Middle East to another in Europe, in large part, because of anti-Jewish invective spewed by Al Jazeera television, anti-Israel media coverage in France, and trans-ideological Internet propaganda. Appealing for action, Jacobson recommended that Congress and the OSCE work to place this issue on the international diplomatic agenda. He also suggested the international community convene a conference on anti-Semitism. Finally, anti-bias education can help combat anti-Semitism, Jacobson said. Commissioners pledged to raise the issue of anti-Semitism at the upcoming OSCE Berlin Parliamentary Assembly meeting in early July. Among the initiatives discussed was the introduction of a free-standing resolution on anti-Semitic violence in the OSCE region for consideration in Berlin. An un-official transcript of the hearing and written statements submitted by Members and witnesses can be found on the Helsinki Commission’s Internet web site. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives, and one official each from the Departments of State, Defense, and Commerce. Helsinki Commission intern Derek N. Politzer contributed to this article.