Title

THE TRAJECTORY OF DEMOCRACY – WHY HUNGARY MATTERS

Tuesday, March 19, 2013
Capitol Visitor Center, Room SVC 210
Washington D.C., DC 20515
United States
Members: 
Name: 
Hon. Benjamin Cardin
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Chris Smith
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Brent Hartley
Title: 
Deputy Assistant Secretary For European and Eurasian Affairs
Body: 
U.S. Department of State
Name: 
Hon. Jozsef Szajer
Title: 
Hungarian Member of the European Parliament
Body: 
Fidesz-Hungarian Civic Union
Name: 
Dr. Kim Lane Scheppele
Title: 
Director
Body: 
Program in Law and Public Affairs, Princeton University
Name: 
Sylvana Habdank-Kolaczkowska
Title: 
Director for Nations in Transit
Body: 
Freedom House
Name: 
Paul Shapiro
Title: 
Director
Body: 
Center for Advanced Holocaust Studies, U.S. Holocaust Memorial Museum

This hearing focused on recent constitutional changes to the Hungarian Constitution which has brought concerns from the United States and the European Union. Recently, Hungary has instituted sweeping and controversial changes to its constitutional framework, effectively remaking the country’s entire legal foundation. In addition to constitutional changes, there have been some bills passed without the proper democratic spirit and has brought concerns about the trajectory of democracy in that country. The witnesses raised the changes that have created the majority government into a nearly one-party rule structure and compared such actions to President Madison’s written exposé in the Federalist Papers number 47.

Relevant countries: 
  • Related content
  • Related content
Filter Topics Open Close
  • Cardin, Colleagues Ask Kerry To Urge NATO, OSCE To End All Defense Contracts With Russia

    WASHINGTON– In a letter to Secretary of State John Kerry, U.S. Senator Ben Cardin (D-MD), Chairman of the U.S. Helsinki Commission and, a senior member of the Senate Foreign Relations Committee, – joined by 10 of his colleagues – asked the State Department to urge NATO member countries and participating states of the Organization for Security and Cooperation in Europe (OSCE) to end all defense contracts with Russia in response to the country’s illegal annexation of Crimea and violation of Ukrainian sovereignty. Cardin was joined by U.S. Senators Richard Blumenthal (D-Conn.), John Cornyn (R-Texas), Roger Wicker (R-Miss.), Daniel Coats (R-Ind.), Chris Murphy (D-Conn.), David Vitter (R-La.), and Kelly Ayotte (R-N.H.) and U.S. Representatives Louise Slaughter (D-N.Y.), Joe Pitts (R-Pa.), and Michael Burgess (R-Texas). “We believe the United States must show leadership by terminating all defense contracts with Russia and ask that you strongly encourage our NATO allies and OSCE participating states to take similar actions,” the members of Congress wrote. “We urge you to lead the coordination among NATO and OSCE to halt trade involving military equipment with Russia immediately. We believe this is a crucial step in reestablishing a deterrent against further Russian aggression and strengthening the impact of our targeted economic sanctions against Russia.” Text of the letter is  below.   April 14, 2014 The Honorable John Kerry Secretary of State United States Department of State 2201 C Street Northwest Washington, D.C. 20520 Dear Secretary Kerry: We write to express our support for NATO’s decision to suspend military and civilian cooperation with Russia. We also ask that you further urge both NATO member countries and participating states of the Organization for Security and Cooperation in Europe (OSCE) to work cooperatively to cease all trade involving military equipment with Russia in response to Russia’s illegal annexation of Crimea and violation of Ukrainian sovereignty. This would be a forceful next step by both international organizations (of which the United States is a member) to affirm that there is no more business as usual when it comes to bilateral trade of military equipment given Russia’s hostile actions. As you are aware, two decades ago the Partnership for Peace program was implemented to foster trust between NATO member countries and the member states of the former Soviet Union, and to acknowledge a shared political commitment to creating lasting and inclusive peace in the Euro-Atlantic area. This integration with the member states of the former Soviet Union was predicated on shared values and common obligations to uphold international law. Likewise, the Helsinki Final Act, which has been signed by 57 OSCE nations, including the United States, affirmed our collective commitment to sovereign equality, respect for human rights, and fundamental freedoms. Russia violated these shared principles by disregarding its treaty obligations under the bilateral Treaty of Friendship, Cooperation, and Partnership between Ukraine and the Russian Federation.  We should immediately halt the trade in military equipment now that Russia has reneged on its commitment to abide by international law. Russia has clearly violated the principles of the Helsinki Final Act, and its actions are antithetical to the principles that NATO member countries like the United States seek to uphold. Nonetheless, significant bilateral trade in military equipment continues. The United Kingdom announced the Military Technical Cooperation Agreement with Russia in January 2014, which would provide a framework for Russian and UK defense companies to cooperate at an unclassified level and enable British and Russian arms producers to exchange defense components and technical data. France has continued an existing contract to sell two high-tech Mistral warships to Russia, and the Hungarian Ministry of Defense recently acquired three Mil Mi-8 transport helicopters produced by Rosoboronexport. Unfortunately and inexplicably, the United States is, at the time of writing, continuing with plans to receive 22 more Mi-17 helicopters from Russia as part of our ongoing assistance to Afghanistan. We believe the United States must show leadership by terminating all defense contracts with Russia and ask that you strongly encourage our NATO allies and OSCE participating states to take similar actions. We urge you to lead the coordination among NATO and OSCE to halt trade involving military equipment with Russia immediately. We believe this is a crucial step in reestablishing a deterrent against further Russian aggression and strengthening the impact of our targeted economic sanctions against Russia. We thank you for your attention to this matter. Sincerely, BENJAMIN L. CARDIN United States Senate   RICHARD BLUMENTHAL                                                   United States Senate   JOHN CORNYN                             United States Senate   ROGER F. WICKER                                 United States Senate                              DANIEL COATS                             United States Senate   CHRISTOPHER S. MURPHY                             United States Senate   DAVID VITTER United States Senate   KELLY AYOTTE United States Senate   LOUISE M. SLAUGHTER Member of Congress   JOE PITTS Member of Congress   MICHAEL C. BURGESS Member of Congress

  • Statement on Russian NGO ADC Memorial

    WASHINGTON—In response to this week’s Russian court decision against Anti-Discrimination Centre Memorial’s (ADC Memorial) challenge to the requirement to register as a foreign agent, Senator Ben Cardin (MD), Chairman of the Commission Security and Cooperation in Europe (U.S. Helsinki Commission) made the following statement: “Often an organization closes its doors because they've accomplished a goal or outlived their usefulness to society or the market. But Russia's decision to force ADC Memorial in St. Petersburg to close if it does not register as a foreign agent is proof-positive that this NGO’s work is needed and their message is powerful. The affiliated Memorial in Moscow was founded during the Soviet period of perestroika to address a totalitarian past. Now, as the darkness of lies and propaganda appear again on the Russian horizon, we will not waiver in our support for groups like Memorial that are dedicated to telling the truth about the past and the present no matter the cost.” ADC Memorial is one of many nongovernmental organizations (NGOs) in Russia forced to fight for their right to operate in the wake of tremendous government pressure against them. Russian president Vladimir Putin has conducted a systematic campaign to shrink the space for independent voices in Russia. The “foreign agents law” enacted by Russia in 2012 requires all NGOs that accept foreign funds to register as foreign agents. Many groups such as ADC Memorial have decided to cease operations rather than submit to the onerous labeling and reporting requirements that are clearly meant to smear them as traitors and force them to close.

  • Confronting Internal Challenges and External Threats

    The hearing focused on the current situation in Ukraine and discussed how the United States, along with the including EU and the OSCE, could best assist Ukraine and deters further Russian aggression. Since November of 2014, Ukraine has been in turmoil, with a deteriorating economy, public unrest by millions of protesters against human rights abuses and corruption. Assistant Secretary of State for European and Eurasian Affairs Victoria Nuland discussed the geopolitical complications from Russia’s illegal referendum and annexation of Crimea, and stated that Russia's actions in Ukraine are an affront to the principles of the Helsinki Final Act. The United States' approach to the situation includes four pillars: bilateral and multilateral support for Ukraine's democratic future, the costs imposed on Russia for its aggressive actions, efforts to de-escalate the crisis diplomatically, and unwavering commitment to the security of NATO allies. The hearing also highlighted the work of the Commission’s delegation sent to monitor Ukraine’s May 25th elections.

  • Senator Cardin’s Floor Statement on Ukraine

    Mr. President, tomorrow we are going to have an opportunity to vote on S. 2124, and I am pleased to learn that it looks as if there is going to be overwhelming support in the Senate for the passage of S. 2124. This is the legislation that helps Ukraine in dealing with the invasion by Russia. Russia's illegal actions of using its military to overtake Crimea, a part of Ukraine, violate numerous international obligations that Russia has committed to. I have the honor of chairing the U.S. Helsinki Commission. The Helsinki Accords were entered into in 1975. Russia was one of the leading forces for forming the OSCE. Russia's taking over of Crimea violates its commitments it made under the Helsinki Final Act. It violates the 1994 Budapest Memorandum, which was signed by the United States, the United Kingdom, Ukraine, and Russia, that guaranteed basically Ukraine's integrity of its land. It violates the 1997 Ukraine-Russia bilateral treaty. It violates the U.N. Charter. The list goes on and on and on. So I believe it is absolutely essential that we have a strong voice in standing with the people of Ukraine. There was absolutely no justification whatsoever for Russia's action. There was no threat to any of the ethnic communities in Ukraine. All the rights of the people were being protected. The country was in transition from a corrupt government to a government that respected the rights of its citizens. If there was any provocation whatsoever of any unrest, it was caused by Russia's presence in Ukraine. We got reports from the chief rabbi in Kyiv that Russia was staging anti-Semitic provocations in Crimea, and the list goes on and on as to what Russia was doing in order to try to give some justification for its actions. Russia's thinly veiled land grab, cloaked in the cloth of self-determination, must not go unchallenged. Here is what I think is critically important: This is a dangerous precedent. We saw Russia use a similar action in Georgia, and now in Crimea in Ukraine. There are other territorial issues involved around the world. If this goes unchecked, if we do not speak with a unified voice, it just encourages more irresponsible action by Russia in other countries. We know that we have concerns about the South China Sea. We know we have concerns about Moldova. There are many other areas where Russia could be involved in its border areas. So all of these issues are matters for us to speak with a strong unified voice. S. 2124 does that. It does it in two principal ways. First, it imposes the sanctions against those responsible for  Russia's invasion into Crimea, Ukraine. It provides sanctions so that these individuals are not permitted to come to the United States. There are economic sanctions in regard to the use of our banking system. These are similar sanctions to what are now being imposed by our European allies. We need to isolate Russia. As we all know, the G8, which included Russia, is now a G7 without Russia. Russia needs to know that there will be sanctions imposed, and they will be stronger sanctions unless they stop this aggressive action. In addition, the legislation provides economic assistance to the new Government of Ukraine. Just 2 weeks ago the Prime Minister of Ukraine was here and met with Members of the Senate. I tell you, it was inspirational to listen to his vision for Ukraine as a democratic, independent state, with full integration into Europe. That is important. He is preparing for a May 25 election for the Presidency of Ukraine. These are all very, very positive steps. But if Ukraine does not have the economic foothold to be able to develop the type of economy and strength in their country, it will be difficult for Ukraine to be maintained as a viable independent state. Here is where the United States and our European allies, and I hope the global community, come together, as we have in this legislation, to provide economic help on a restructured economic plan for Ukraine that will help them move forward in a very constructive way. Mr. President, I must tell you I am disappointed, though, that the reforms of the IMF will be eliminated from this legislation. I think that is regrettable. We are entering into a plan for Ukraine that very much depends upon the IMF's--the International Monetary Fund's--plan to make sure that the moneys we are spending, Europe is spending, and other countries are loaning and providing to Ukraine are based upon a sound economic plan that will work. That is why the IMF is there. And they will be there. But the United States needs to be a full participant in the IMF. We are out of compliance, and here is another opportunity lost for us to be in full compliance with the IMF. I am disappointed about that. But as I said as I took the floor, we must speak with one voice--the Obama administration; the House, the Senate; the Congress--as we stand with the people of Ukraine for their integrity, for their independence, and for the adherence to international principles, which Russia has clearly violated.

  • Developments in the Western Balkans and Policy Responses

    This hearing on the Western Balkans examined the progress being made towards democratization. Commissioners Benjamin L. Cardin and Christopher H. Smith presided over the hearing, which included testimonies from: Hoyt Yee, Deputy Assistant Secretary for European and Eurasian Affairs for the U.S. Department of State;  Tanja Fajon, Member for the European Parliament from Slovenia; and Kurt Volker, Executive Director of the McCain Institute for International Leadership. This hearing held great significance, not only for the members of the Commission, but the wider foreign policy community, as whilst the Western Balkans is no longer the setting for violent conflict that it was two decades ago, the United States has had to devote considerable resources—financial, diplomatic and military —to restore peace and to encourage the democratic and other reforms necessary to sustain it. However, that job is not yet done—the need to see the task of a stable, democratic and fully integrated Western Balkans is yet to be completed.   http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce030514

  • U.S. Helsinki Commission to Hold Briefing on Human Rights in Turkmenistan

    WASHINGTON - The Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today announced the following briefing: Disappeared in Turkmenistan’s Prisons: Are They Still Alive?  Thursday, February 20, 2014 3:00 p.m. Cannon House Office Building Room 122 Ten years ago, the Organization for Cooperation in Europe’s Moscow Mechanism was invoked against Turkmenistan after hundreds were arrested in the wake of an alleged coup attempt. The resulting report detailed the lack of rule of law during the arrest process and subsequent trials, as well as the absence of information about the health and whereabouts of those imprisoned. And despite years of inquiries and a change in regime in Turkmenistan, the fate of many of those who have disappeared into Turkmenistan’s prisons over the past ten years remains unknown. Their families deserve answers, and this briefing will take a new look at these cases. Turkmenistan has been characterized as one of the world’s most repressive countries, with virtually no freedom of expression, association, or assembly. The U.S. Commission on International Religious Freedom again recommended in 2013 that the Secretary of State designate Turkmenistan a “country of particular concern,” and the State Department placed Turkmenistan on its “Tier 2 Watch List” for trafficking in persons - the second lowest category. Imprisonment has been used as a tool for political retaliation against those who do speak out, and Turkmenistan’s prisons – closed to outside monitoring - are notorious for torture, poor conditions, and disease. The following panelists are scheduled to participate: Rachel Denber, Deputy Director, Europe and Central Asia Division, Human Rights Watch Catherine Fitzpatrick, Independent Expert on Eurasia Peter Zalmayev, Director, Eurasia Democracy Initiative Kate Watters, Executive Director, Crude Accountability Boris Shikmuradov, Editor, Gundogar.org

  • Kyiv Ministerial Held Amid Protests

    On December 5 and 6, 2013, Kyiv hosted the 20th meeting of the Ministerial Council of the Organization for Security and Cooperation in Europe while hundreds of thousands of protestors occupied Maidan Nezalezhnosti, Kyiv’s central square. Although as 2013 OSCE Chair-in-Office, Ukraine had successfully shepherded a package of decisions to adoption in Kyiv, the meeting was dominated by demonstrations taking place throughout the country triggered on November 21 by the Ukrainian government’s suspension of preparations to sign integration agreements with the EU. Assistant Secretary of State for European and Eurasian Affairs Victoria Nuland represented the United States. She began the Ministerial by meeting with civil society activists, which she described as her “most important event” in Kyiv. In her opening statement at the Ministerial, she highlighted three “worrying trends” in OSCE participating States: the persecution of journalists, the rising intolerance of minorities, and “democratic backsliding” into restrictive laws and practices that violate civil liberties.

  • U.S. Helsinki Commission Welcomes Step Toward Justice in Serbia

    WASHINGTON—Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), and Representative Christopher H. Smith (NJ-4), Co-Chairman, today issued statements welcoming arrests in Serbia relating to the murder of Dnevni Telegraf editor-in-chief Slavko Curuvija on April 11, 1999. “Slavko Cutuvija was a courageous journalist who was murdered for challenging the regime of Slobodan Milosevic in Serbia,” noted Chairman Cardin. “On several occasions, I have publicly called for the perpetrators of this crime to be brought to justice. I commend the Serbian authorities for arresting former security officers for their alleged responsibility, a demonstration of political will to confront a dark period in Serbia’s history. Serbia’s judicial system will hopefully proceed with the next steps in this case and take similarly concrete actions in regard to other outstanding cases from that period, including the murders of the American-citizen Bytyqi brothers in July 1999. Serbia has my full support in that regard.” “Slavko Curuvija testified at a hearing of the Helsinki Commission I chaired just months before he was gunned down outside his apartment in Belgrade,” added Co-Chairman Smith. “His testimony showed that he fully understood the threat he faced.  He said at the hearing: ‘By making an example of me, the regime sends a message to all those who would oppose it... After all his other wars, Slobodan Milosevic appears to be preparing a war against his own people…’ I hope that today’s news of arrests brings comfort, at long last, to the family and friends of Slavko Curuvija.”

  • Human Rights in Hungary

    Madam President, earlier this year I chaired a Helsinki Commission hearing on the situation in Hungary. Today, I would like to revisit some of the issues addressed by our witnesses. Since the April 2010 elections, Hungary has undertaken the most dramatic legal transformation that Europe has seen in decades. A new Constitution was passed with votes of the ruling party alone, and even that has already been amended five times. More than 700 new laws have been passed, including laws on the media, religion, and civic associations. There is a new civil code and a new criminal code. There is an entirely new electoral framework. The magnitude and scope of these changes have understandably put Hungary under a microscope. At the Helsinki Commission's hearing in March, I examined concerns that these changes have undermined Hungary's system of democratic checks and balances, independence of the judiciary, and freedoms of the media and religion. I also received testimony about rising revisionism and extremism. I heard from Jozsef Szajer, a Member of the European Parliament who represented the Hungarian Government at the hearing. Princeton constitutional law expert Kim Lane Scheppelle, Dr. Paul Shapiro from the U.S. Holocaust Memorial Museum, and Sylvana Habdank-Kolaczkowska from Freedom House presented compelling testimony. Unfortunately, developments in Hungary remain troubling. Even though Hungary's religion law was tweaked after the Constitutional Court struck down parts of it, it retains a discriminatory two-tier system. Moreover, the Parliament is empowered with the extraordinary and, for all practical purposes, unreviewable power to decide what is and what is not a religion. This month, the government announced it is launching an investigation into the Methodist Evangelical Church, a church persecuted during communist times. Today, the Methodist Evangelical Church is known for its outreach to Roma, work with the homeless and is one of the largest charitable organizations in Hungary. As I noted at the Helsinki Commission hearing in March, it is also one of the hundreds of religious groups stripped of official recognition after the passage of Hungary's new religion law. The church has now complied with submitting the necessary number of supporters required by the law and, as a reply, the government has announced an unidentified "expert'' will conduct an investigation into the church's beliefs and tenets. This step only reinforces fears that parliamentary denial of recognition as a so-called "Accepted Church'' opens the door for further repressive measures. Veneration of Hungary's wartime regent, Miklos Horthy, along with other anti-Semitic figures such as writer Jozsef Nyiro, continues. In November, a statue of Hungarian Jewish poet Miklos Radnoti, who was killed by Hungarian Nazis at the end of 1944, was rammed with a car and broken in half. At roughly the same time, extremists staged a book burning of his works along with other materials they called "Zionist publications.'' At the beginning of December, two menorahs were vandalized in Budapest. Reflecting the climate of extremism, more than 160 Hungarian nationals have been found by Canada this year to have a well-founded fear of persecution. Almost all are Romani, but the refugees include an 80-year-old award winning Hungarian Jewish writer who received death threats after writing about anti-Semitism in Hungary, and was stripped of his honorary citizenship of Budapest on an initiative from the far-right Jobbik party, supported by the votes of the ruling Fidesz party. While there are many who suggest the real problem comes from the extremist opposition party Jobbik, and not the ruling government, it seems that some members of Fidesz have contributed to a rise in intolerance. I am particularly troubled that the government-created Media Council, consisting entirely of Fidesz delegated members, has threatened ATV--an independent television station--with punitive fines if it again characterizes Jobbik as extremist. If you can't even talk about what is extremist or anti-Semitic in Hungary without facing legal sanctions, how can you combat extremism and anti-Semitism? Moreover, this decision serves to protect Jobbik from critical debate in the advance of next year's elections. Why? Other new measures further stifle free speech. Unfortunately, and somewhat shockingly, last month Hungary amended its defamation law to allow for the imposition of prison terms up to 3 years. The imposition of jail time for speech offenses was a hallmark of the communist era. During the post-communist transition, the Helsinki Commission consistently urged OSCE countries to repeal criminal defamation and insult laws entirely. In 2004, for example, the Helsinki Commission wrote to Minister of Justice Peter Barandy regarding the criminal convictions of Andras Bencsik and Laszlo Attila Bertok. This new law, raced through under an expedited procedure in the wake of a bi-election controversy in which allegations of voter manipulation were traded, was quickly criticized by the OSCE representative on Freedom of the Media. I share her concerns that these changes to the criminal code may lead to the silencing of critical or differing views in society and are inconsistent with OSCE commitments. Hungary was once held up as a model of peaceful democratic transition and is situated in a region of Europe where the beacon of freedom is still sought by many today. I hope Hungary will return to a leadership role in the protection of human rights and the promotion of democracy. 

  • Troubled Partner: Growing Authoritarianism in Azerbaijan

    This briefing provided an opportunity to discuss current events in Azerbaijan and the prospects for a free and fair election. Recent political trends in Azerbaijan include reported intimidation, arrests, and use of force against journalists and human rights activists; tough new NGO registration requirements; legal restrictions on the Internet, including criminalizing online “libel” and “abuse”; restrictions on freedom of assembly, forceful dispersion of unsanctioned protests, detention of demonstrators; and unfair administration of justice, including arbitrary arrest and detention, politically motivated imprisonment, lack of due process, lengthy pre-trial detention, and executive interference in the judiciary. Witnesses testifying at this briefing addressed these trends and the overall political environment for human rights and fundamental freedom, which had worsened in recent years. They urged the government of Azerbaijan to respect universally recognized freedoms such as freedom of expression, assembly, and association, and not to penalize individuals for attempting to exercise these freedoms and to take concrete steps to enhance political stability during the important election year.

  • Age of Delirium

    Paul Carter, State Department Adviser at the Commission, and Kyle Parker facilitated a discussion with David Satter, the author and producer of Age of Delirium. They addressed the relevance of these personal testimonies in understanding post-communist Russia. They spoke of the “moral decay of the society” under communist rule and the detrimental effects of ideological thinking, which continues to affect post-communist, as well as Western, societies. Age of Delirium, produced by Russian scholar and former Moscow correspondent David Satter, chronicles the fall of the Soviet Union through the personal stories of those who lived this momentous transformation. The film is based on Satter's book, Age of Delirium: the Decline and Fall of the Soviet Union acclaimed by the Virginia Quarterly Review as, "the finest or one of the finest psychological portraits of Russia in the 1970s and 1980s.” Delirium received the prestigious 2013 Van Gogh Grand Jury Award at the Amsterdam Film Festival and has been screened in Russia, the United Kingdom, Germany, Canada, and New Zealand.

  • Hungary

    Mr. President, as the Senate chair of the Helsinki Commission, I have a longstanding interest in Central Europe. For many years the Helsinki Commission was one of the loudest and clearest voices to speak on behalf of those oppressed by communism and to call for democracy, human rights, and freedom from Soviet oppression. It has been a great triumph and joy to see the peoples of this region free from dictatorship. Over the past two decades I have been profoundly heartened as newly freed countries of Central Europe have joined the United States and NATO and have become our partners in advocating for human rights and democracy around the globe. Leadership on those issues may be especially important now as some countries in the Middle East undertake transition, the outcome of which is far from certain. Even in Europe, in the western Balkans, there is a crying need for exemplary leadership, not backsliding. Americans know from our own history that maintaining democracy and promoting human rights are never jobs that are finished. As my friend and former colleague Tom Lantos said, "The veneer of civilization is paper thin. We are its guardians, and we can never rest.'' For some time I have been concerned about the trajectory of developments in Hungary, where the scope and nature of systemic changes introduced after April 2010 have been the focus of considerable international attention. At the end of November, Hungary was back in the headlines when Marton Gyongyosi, a member of the notorious extremist party Jobbik and also vice chairman of the Parliament's Foreign Affairs Committee, suggested that Hungarian Jews are a threat to Hungary's national security and those in government and Parliament should be registered. The ink was barely dry on letters protesting those comments when another Hungarian Member of Parliament, Balazs Lenhardt, participated in a public demonstration last week where he burned an Israeli flag. The fact is that these are only the latest extremist scandals to erupt in Budapest over the course of this year. In April, for example, just before Passover, a Jobbik MP gave a speech in Parliament weaving together subtle anti-Roma propaganda with overt anti-Semitism blood libel. After that, Jobbik was in the news when it was reported that one of its members in Parliament had requested and received certification from a DNA testing company that his or her blood was free of Jewish or Romani ancestry. At issue in the face of these anti-Semitic and racist phenomena is the sufficiency of the Hungarian Government's response and its role in ensuring respect for human rights and the rule of law. And the government's response has been, to say the least, wanting. First, it has been a hallmark of this government to focus on blood identity through the extension of Hungarian citizenship on a purely ethnic basis. The same Hungarian officials have played fast and loose with questions relating to its wartime responsibilities, prompting the U.S. Holocaust Memorial Museum to issue a public statement of concern regarding the rehabilitation of fascist ideologues and political leaders from World War II. I am perhaps most alarmed by the government's failure to stand against the organized threats from Jobbik. For example, in late August a mob estimated at 1,000 people terrorized a Roma neighborhood in Devecser, taunting the Romani families to come out and face the crowd. There were reportedly three members of Parliament from the Jobbik party participating in that mob, and some people were filmed throwing bricks or stones at the Romani homes. The failure to investigate, let alone condemn such acts of intimidation, makes Prime Minister Orban's recent pledge to protect "his compatriots'' ring hollow. Of course, all this takes place in the context of fundamental questions about democracy itself in Hungary. What are we to make of democracy in Hungary when more than 360 religious organizations are stripped of their registration overnight and when all faiths must now depend on the politicized decision-making of the Parliament to receive the rights that come with registration? What are we to make of the fact that even after the European Commission and Hungary's own Constitutional Court have ruled against the mass dismissal of judges in Hungary's court-packing scheme, there is still no remedy for any of the dismissed judges? What is the status of media freedom in Hungary, let alone the fight against anti-Semitism, if a journalist who writes about anti-Semitism faces possible sanction before the courts for doing so? What are we to make of Hungary's new election framework, which includes many troubling provisions, including a prohibition on campaign ads on commercial radio and TV, onerous new voter registration provisions, and limits on local election committees, which oversee elections? I find it hard to imagine that Jews, Roma, and other minorities will be safe if freedom of the media and religion, the rule of law, the independence of the Judiciary, and the checks and balances essential for democracy are not also safeguarded. With that in mind, I will continue to follow the overall trends in Hungary and the implications for the region as a whole.  

  • Helsinki Commission Welcomes Unveiling of Berlin Memorial for Romani Genocide Victims

    On October 24, more than 600 people in Berlin attended the unveiling of the Memorial for the Sinti¹ and Roma of Europe Murdered under National Socialism. Leaders of the Helsinki Commission, who had underscored the importance of the monument, welcomed the event. Rep. Chris Smith (NJ-04), Chairman of the U.S. Helsinki Commission, observed that the memorial “marks an important step in acknowledging and teaching about the fate of Roma at the hands of the Nazi regime and the Axis powers: persecution, confiscation of property, forced sterilization, slave labor, inhumane medical experimentation, and ultimately genocide.” Proposals to erect a memorial to the Romani victims of genocide emerged in the early 1990s after the unification of the Federal Republic of Germany and German Democratic Republic and at a time when German acknowledgement and remembrance took on additional dimensions. Those efforts, however, bogged down over questions regarding the location of the proposed memorial and the content of inscriptions. (Concerns raised by the artist over materials and weather-related construction complications also contributed to interruptions.) German government officials also suggested some delays were caused by differing views among Romani groups, particularly regarding the inscriptions; some critics of the delays suggested there was an insufficient sense of ownership and political will on the part of the government. Senator Ben Cardin (MD), Co-Chairman of the Commission, noted the singular role of Romani Rose, Chairman of the Central Council of German Sinti and Roma, and “his tireless work to ensure that Romani victims of genocide are remembered and honored.” Rose, who lost his grandparents at Auschwitz and Ravensbrueck, was a driving force to see the memorial completed. Cardin added, “I am deeply heartened that efforts to build this memorial, underway for over a decade, have finally been realized.” German government officials at the most senior level attended the unveiling of the genocide memorial, including Chancellor Angela Merkel, President Joachim Gauck, Bundestag President Norbert Lammert, Bundesrat President Horst Seehofer, and Berlin Mayor Klaus Wowereit. Former President Richard von Weizsacker, in spite of advanced years and frail health, was also present. Federal Minister of Culture Bernd Neumann described the memorial “a pillar of German remembrance.” U.S. Ambassador to Germany Patrick Murphy and Special Envoy for Holocaust Issues Douglas Davidson represented the United States. Dr. Ethel Brooks, who has served as a public member with the U.S. Delegation to the 2011 and 2012 OSCE Human Dimension Implementation Meetings, also attended the ceremony. The memorial, designed by Israeli artist Dani Karavan, was widely hailed as a deeply moving testimony to the genocide of Romani people. Dutch Sinto survivor Zoni Weiss addressed the hundreds of people who attended the event. As a 7-year-old, Weiss narrowly avoided being placed on the Westerbork transport from the Netherlands due to the intervention of platform policeman, but watched as his immediate family was sent to Auschwitz where they perished. The unveiling ceremony was also accompanied by a week of events in Berlin focused on Romani history, culture and contemporary issues. Gert Weisskirchen, former German Member of the Budestag and former OSCE Personal Representative on Anti-Semitism, organized a round-table focused on contemporary challenges faced by Roma. In her remarks at the event, Chancellor Merkel also acknowledged the on-going struggle for human rights faced by Roma throughout Europe, saying bluntly, “let’s not beat around the bush. Sinti and Roma suffer today from discrimination and exclusion.” Romani Rose warned more pointedly, “In Germany and in Europe, there is a new and increasingly violent racism against Sinti and Roma. This racism is supported not just by far-right parties and groups; it finds more and more backing in the middle of society.” Background The Nazis targeted Roma for extermination. Persecution began in the 1920s, and included race-based denial of the right to vote, selection for forced sterilization, loss of citizenship on the basis of race, and incarceration in work or concentration camps. The most notorious sites where Roma were murdered include Auschwitz in Nazi-occupied Poland, the Jasenovac camp in the so-called Independent State of Croatia, Romanian-occupied Transnistria, and Babi-Yar in Nazi-occupied Ukraine. In other parts of German occupied or German-allied territory, Roma were frequently killed by special SS squads or even regular army units or police, often left in mass graves. Many scholars estimate that 500,000 Roma were killed during is World War II, although scholarship on the genocide of Roma remains in its infancy and many important archives have only become available to a broader community of researchers since the fall of communism. In recent years, for example, Father Patrick Desbois has helped document the location of 800 WWII-mass graves in Ukraine and elsewhere in the former Soviet Union, including 48 mass graves of Roma. German postwar restitution legislation and its implementation effectively excluded almost all Romani survivors. Those most directly responsible for actions against Roma escaped investigation, prosecution and conviction. Several officials responsible for the deportations of Roma before and during the war continued to have responsibility for Romani affairs after the war. In 1979, the West German Federal Parliament acknowledged the Nazi persecution of Roma as being racially motivated. In 1982, Chancellor Helmut Schmidt recognized that the National Socialist persecution of Romani people constituted genocide. The first German trial decision to take legal cognizance that Roma were genocide victims during the Third Reich was handed down in 1991. In 1997, Federal President Roman Herzog opened a Documentation and Cultural Center of German Sinti and Roma, saying “The genocide of the Sinti and Roma was carried out from the same motive of racial hatred, with the same intent and the same desire for planned and final annihilation as that of the Jews. They were systematically murdered in whole families, from the small child to the old man, throughout the sphere of influence of the Nazis.” At the 2007 OSCE Human Dimension Implementation Meeting, Thommas Hammarberg, Council of Europe Commissioner for Human Rights, observed that, “[e]ven after the [ . . . ] Nazi killing of at least half a million Roma, probably 700,000 or more, there was no genuine change of attitude among the majority population towards the Roma.”

  • Hungary

    Mr. President, a year ago, I shared with my colleagues concerns I had about the trajectory of democracy in Hungary. Unfortunately, since then Hungary has moved ever farther away from a broad range of norms relating to democracy and the rule of law. On June 6, David Kramer, the President of Freedom House who served as Assistant Secretary of State for Democracy, Human Rights and Labor for President George W. Bush, summed up the situation. Releasing Freedom House's latest edition of Nations in Transit Kramer said: "Hungarian Prime Minister Viktor Orbán and Ukrainian president Viktor Yanukovych, under the pretext of so-called reforms, have been systematically breaking down critical checks and balances. They appear to be pursuing the `Putinization' of their countries.'' The report further elaborates, “Hungary's precipitous descent is the most glaring example among the newer European Union (EU) members. Its deterioration over the past five years has affected institutions that form the bedrock of democratically accountable systems, including independent courts and media. Hungary's negative trajectory predated the current government of Prime Minister Viktor Orbán, but his drive to concentrate power over the past two years has forcefully propelled the trend.'' Perhaps the most authoritative voice regarding this phenomenon is the Prime Minister himself. In a February 2010 speech, Viktor Orbán criticized a system of governance based on pluralism and called instead for: “a large centralized political field of power . . . designed for permanently governing.'' In June of last year, he defended his plan to cement economic policy in so-called cardinal laws, which require a two-thirds vote in parliament to change, by saying, "It is no secret that in this respect I am tying the hands of the next government, and not only the next one but the following ten.'' Checks and balances have been eroded and power has been concentrated in the hands of officials whose extended terms of office will allow them to long outlive this government and the next. These include the public prosecutor, head of the state audit office, head of the national judicial office, and head of the media board. Those who have expressed concerns about these developments have good reason to be alarmed. I am particularly concerned about the independence of the judiciary which, it was reported this week, will be the subject of infringement proceedings launched by the European Commission, and Hungary's new media law. Although there have been some cosmetic tweaks to the media law, the OSCE Representative on Freedom of the Media has argued that it remains highly problematic. Indeed, one expert has predicted that the most likely outcome of the new law will be to squeeze out reporting on corruption. Hungary also adopted a new law on religion last year that had the stunning effect of stripping hundreds of religions of their legal recognition en masse. Of the 366 faiths which previously had legal status in Hungary, only 14 were initially granted recognition under the new law. Remarkably, the power to decide what is or is not a religion is vested entirely and exclusively in the hands of the legislature, making it a singularly politicized and arbitrary process. Of 84 churches that subsequently attempted to regain legal recognition, 66 were rejected without any explanation or legal rationale at all. The notion that the new framework should be acceptable because the faiths of most Hungarian citizens are recognized is poor comfort for the minority who find themselves the victims of this discriminatory process. This law also stands as a negative example for many countries around the world just now beginning tenuous movement towards democracy and human rights. Finally, a year ago, I warned that “[i]f one side of the nationalism coin is an excessive fixation on Hungarian ethnic identity beyond the borders, the other side is intolerance toward minorities at home.”I am especially concerned by an escalation of anti-Semitic acts which I believe have grown directly from the government's own role in seeking to revise Hungary's past. Propaganda against the 1920 Treaty of Trianon, which defines the current borders of Hungary, has manifested itself in several ways. Most concretely, the Hungarian government extended citizenship on the basis of ethnic or blood identity--something the government of Viktor Orbán promised the Council of Europe in 2001 that it would not do and which failed to win popular support in a 2004 referendum. Second, the government extended voting rights to these new ethnic citizens in countries including Romania, Serbia, Slovakia and Ukraine. This has combined with a rhetorical and symbolic fixation on “lost” Hungarian territories--apparently the rationale for displaying an 1848 map of Greater Hungary during Hungary's EU presidency last year. In this way, the government is effectively advancing central elements of the agenda of the extremist, anti-Semitic, anti-Roma Jobbik party. Moreover, implicitly--but unmistakably--it is sending the message that Hungary is no longer a civic state where political rights such as voting derive from citizenship, but where citizenship derives from one's ethnic status or blood identity. The most recent manifestation of this revisionism includes efforts to rehabilitate convicted war criminal Albert Wass and the bizarre spectacle of the Hungarian government's role in a ceremony in neighboring Romania--over the objections of that country--honoring fascist writer and ideologue Joszef Nyiro. That event effectively saw the Speaker of the Hungarian Parliament, Laszlo Kover; the Hungarian State Secretary for Culture, Geza Szocs; and Gabor Vona, the leader of Hungary's most notoriously extremist party, Jobbik, united in honoring Nyrio. Several municipalities have now seen fit to erect statues honoring Miklos Horthy, Hungary's wartime leader, and the writings of Wass and Nyiro have been elevated onto the national curriculum. It is not surprising that this climate of intolerance and revisionism has gone hand-in-hand with an outbreak of intolerance, such as the anti-Semitic verbal assaults on a 90-year old Rabbi and on a journalist, an attack on a synagogue menorah in Nagykanizsa, the vandalism of a Jewish memorial in Budapest and monuments honoring Raoul Wallenberg, the Blood Libel screed by a Jobbik MP just before Passover, and the recent revelation that a Jobbik MP requested--and received--a certificate from a genetic diagnostic company attesting that the MP did not have Jewish or Romani ancestry. We are frequently told that Fidesz is the party best positioned in Hungary to guard against the extremism of Jobbik. At the moment, there seems to be little evidence to support that claim. The campaign to rehabilitate fascist ideologues and leaders from World War II is dangerous and must stop. Ultimately, democracy and the rights of minorities will stand or fall together. Hungary is not just on the wrong track, it is heading down a dangerous road. The rehabilitation of disgraced World War II figures and the exaltation of blood and nation reek of a different era, which the community of democracies--especially Europe--had hoped was gone for good. Today's Hungary demonstrates that the battle against the worst human instincts is never fully won but must be fought in every generation.

  • Prerequisites for Progress in Northern Ireland

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

  • Healing the Wounds of Conflict and Disaster: Clarifying the Fate of Missing Persons in the OSCE Area

    The hearing examined efforts by governments and their partners in clarifying the fate of persons missing within a number of OSCE participating States and partner countries, especially in the western Balkans and northern Caucasus. The hearing also appraised the adequacy of assistance to governments and other entities engaged in locating missing persons, the obstacles that impede progress in some areas, as well as how rule of law mechanisms help governments fulfill their obligations to the affected families and society in clarifying the fate of missing persons. Currently, over a million persons are reported missing from wars and violations of human rights. In addition, there are thousands of reported cases a year of persons missing from trafficking, drug-related violence, and other causes. Locating and identifying persons missing as a result of conflicts, trafficking in humans and human rights violations and other causes remains a global challenge, with significant impact within the OSCE area.

  • The Escalation of Violence Against Roma In Europe

    This hearing focused on the discrimination, exclusion, and persecution faced by the Roma people in Europe.  Witnesses discussed the E.U. countries’ various national strategies for Roma integration and their effectiveness.  The witnesses also provided recommendations for the Commissioners on how to support European countries’ integration efforts on the government-to-government level.

  • Combating Anti-Semitism in the OSCE Region: Taking Stock of the Situation Today

    By most accounts, and thanks to the work of many courageous nongovernmental organizations (NGOs) the despicable evil of anti-Semitism has decreased in most parts of the OSCE region in recent years – but it still remains at higher levels than in 2000. This is simply unacceptable, and it was the topic discussed in this hearing. Concerns raised included political transitions in the Arab world and how they might affect Muslim-Jewish relations, including in Europe; the importance of engagement with Muslim communities in Europe; and growing nationalist and extremist movements that target religious and ethnic minorities.  Additionally the roles of the OSCE, U.S. government, and Congress in addressing continuing issues of anti-Semitism at home and abroad were discussed.

  • Human Rights Play on Magnitsky Murder

    Kyle Parker introduced the briefing, which followed a performance of the play “One Hour Eighteen,” based on the final moments in the life of Russian whistleblower Sergei Magnitsky. After exposing the largest tax fraud in Russian history, Magnitsky was wrongly arrested and tortured in prison. Six months later he became seriously ill and was consistently denied medical attention despite 20 formal requests. On the night of November 16, 2009, he went into critical condition, but instead of being treated in a hospital he was put in an isolation cell, chained to a bed, and beaten by eight prison guards for one hour and eighteen minutes. Sergei Magnitsky was 37 years old and left behind a wife and two children. Those responsible for this crime have yet to be punished and his story has become a global human rights cause and is emblematic of corruption, violence, and impunity in Russia. Parker was joined by Ury Urnov, director of “One Hour Eighteen,”  in discussing the play as an emblematic example of the devastating human cost of corruption and the lack of rule of law in Russia. The play juxtaposed the moving and chilling testimony and documents from Magnitsky's diary; a radio interview with his mother; two judges; a prison doctor and paramedic; an investigator; and a young ambulance paramedic.  

  • Belarus: The Ongoing Crackdown and Forces for Change

    Nearly one year after the brutal post-December 19, 2010, election crackdown, the human rights picture in Belarus remains bleak. Brave and committed individuals who attempt to promote a democratic future for Belarus continue to be crushed by the dictatorial Lukashenka regime. Civil society continues to be under assault, with NGOs facing ever greater constraints, and freedoms of assembly and expression are severely curtailed. Yet the ongoing economic turmoil has produced growing disaffection, as manifested in Lukashenka’s plummeting popular support, and a changing domestic and international environment. The hearing will focus on the extent and impact of the crackdown on the lives of its victims and on the larger society, and what more can be done by the U.S. and our European partners to promote democratic change in Belarus.

Pages