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Helsinki Commission on Property Restitution Issues
Members Raise Concerns with Polish Officials in Warsaw
Tuesday, November 05, 2002

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.

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Woollard noted, “Our analysis shows that these different protection statuses have a wide variation when it comes to the rights attached. Key rights that are of interest and necessity for people who are seeking protection vary. If you have refugee status, your residence rights are for a longer duration. For subsidiary protection, less time is granted for residential rights. In some cases, there are very stark differences.”

  • STANDARD FOR JUSTICE: JUNE 10, 2010

    By Annie Lentz, Kampelman Fellow On June 10, 2010, seven senior Bosnian Serb officials were convicted of war crimes by the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY). This was the largest trial to date held before the ICTY, which uncovered an organized and strategic attack against civilians and UN-protected safe areas in 1995 during the conflict in the Balkans. Bosnian Serb political and military leaders Radovan Karadžić and Ratko Mladic were later convicted of orchestrating the criminal plan. The trial began on August 21, 2006 and continued for 425 days until concluding on September 15, 2009. The inquiry featured testimony from 315 witnesses, with 5,383 exhibits of evidence totaling 87,392 pages. U.S. Helsinki Commission leaders expressed their support for the convictions handed down by the Tribunal, serving justice to those involved in the genocide of about 8,000 ethnic Bosniak men and boys residing in Srebrenica, an enclave  in Bosnia and Herzegovina which fell despite U.N. protection. Then-Chairman Sen. Ben Cardin said, “The ethnic cleansing that occurred in Bosnia was orchestrated by individuals who are now finally facing justice for their crimes. Others awaiting trial or who believe they may have escaped prosecution should take this as a sign that they too will answer for their crimes against humanity.” “The wheels of justice may not always turn as fast as victims’ families would like, but the convictions of Vujadin Popovic and Ljubisa Beara show the strength of the International War Crimes Tribunal to hold people to account,” said then-Co-Chairman Rep. Alcee L. Hastings. Following calls from Helsinki Commission leadership and other human rights advocates, the ICTY was established in reaction to the atrocities committed during the decade of conflicts in the former Yugoslavia. It was the first international attempt to hold political leaders accountable for war crimes, crimes against humanity, and genocide since the Nuremburg and Tokyo trials following World War II, and it established that the massacre committed in Srebrenica in July 1995 constituted genocide. Other crimes committed in Croatia, Bosnia and Herzegovina, and Kosovo included mass ethnic cleansing campaigns in which millions were displaced, thousands of women and girls were raped, and many others were detained and tortured.  The death toll in Bosnia and Herzegovina alone is believed to have exceeded 100,000 individuals.  The ICTY concluded its work in 2017, having indicted 161 individuals in connection to crimes during the conflicts in the Balkans while setting global precedents regarding cases of genocide, crimes against humanity, violations of the laws or customs of war, and grave breaches of the Geneva Conventions. Ninety offenders were sentenced to serve prison time in 14 European states. The Tribunal also set the standard for how such atrocities should be handled to achieve international justice. In December 2017, the Helsinki Commission organized a public briefing to assess the accomplishments of the tribunal and ongoing efforts to pursue justice for atrocities in the Western Balkans.    

  • Helsinki Commission Briefing to Explore Non-Asylum Protections in United States And Europe

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: PARTIALLY PROTECTED? Non-Asylum Protection in the United States and the European Union Friday, June 14, 2019 2:00 p.m. Rayburn House Office Building Room 2237 Live Webcast: www.facebook.com/HelsinkiCommission The United States and the European Union give legal protection to some people who flee armed conflict or natural disaster, but do not qualify as refugees. In the United States, the Secretary of Homeland Security designates countries of origin for “Temporary Protected Status” (TPS), enabling their nationals to legally remain in the United States and work until and unless the Secretary terminates the designation. Approximately 417,000 individuals from 10 countries currently have TPS, living in all 50 states, the District of Columbia, and U.S. commonwealths and territories. In 2018, more than 100,300 people were granted similar non-asylum protection, on an individual basis, across the 28 countries of the European Union. Since 2017, the United States has extended TPS for Somalia, South Sudan, Syria, and Yemen, and announced terminations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Lawsuits have challenged the terminations. To date, Members of Congress have introduced at least 10 TPS-focused bills in the 116th Congress. This briefing will explore the background and implementation of non-asylum protection in the United States and Europe—including whether some European Union Member States are according this protection even when asylum claims are credible—legislative and legal responses, and implications for policy, law, and protection. The following panelists are scheduled to participate: Marleine Bastien, Executive Director, Family Action Network Movement Sui Chung, Attorney at Law, Immigration Law and Litigation Group, and Chair, Immigration and Customs Enforcement Committee, American Immigration Lawyers Association Jill H. Wilson, Analyst in Immigration Policy, Congressional Research Service Catherine Woollard, Secretary General, European Council on Refugees and Exiles Additional panelists may be added.

  • Chairman Hastings on Confirmation of Ambassador Gilmore as U.S. Representative to the OSCE

    WASHINGTON—Following yesterday’s confirmation of Ambassador James S. Gilmore as the U.S. Representative to the Organization on Security and Cooperation in Europe (OSCE), Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “I congratulate Ambassador Gilmore on his confirmation as the U.S. Representative to the Organization for Security and Cooperation in Europe and look forward to working with him to promote human rights and comprehensive security in Europe and Central Asia. A strong U.S. voice at the OSCE is essential to demonstrating our dedication to common values and continuing to advance implementation of OSCE commitments.”

  • Climate Disruption

    By Cade Stone, Max Kampelman Fellow The OSCE was founded on a commitment to cross-border cooperation in the face of indiscriminate regional threats, in pursuit of comprehensive security, and in mutual acknowledgement of the need for sovereignty and stability. Today, as the earth’s climate continues to change, global environmental issues are increasingly tangible security concerns. Climate change stands to magnify both the internal challenges faced by OSCE participating States and the external pressure of mass migration out of critically unstable regions—a redoubled “migrant crisis” in the mold of 2015. “Climate change is having far-reaching effects on agricultural productivity and food security,” warned UN Migration Director General William Lacy Swing on World Food Day 2017. “It is among the main reasons for the record numbers of people compelled to migrate from rural areas to towns and cities around the world.” The UN Food and Agriculture Organization (FAO) estimates that a large share of migrants come from rural areas where more than 75 percent of the world’s poor and food insecure depend on agriculture and natural resource-based livelihoods. As agricultural yields dwindle, water supplies shrink, and threatened regions become less habitable, poor populations will suffer most immediately and most critically. As atmospheric and oceanic temperatures rise, mounting evidence suggests that natural disasters will become increasingly catastrophic. Displacement rates in disaster-prone areas will increase, along with the costs of crippled infrastructure and lost productivity.   In 2015, according to the FAO, there were already 244 million international migrants, 40 percent more than in 2000. Nineteen million people were internally displaced because of natural disasters. An average of 26 million were displaced annually by climate or weather-related disasters between 2008 and 2015. In a changing global climate showing no signs of reversal, these trends stand only to worsen. It is at this intersection of climate change and migration that the OSCE region may be most immediately threatened. During the 2015 migrant crisis, millions of displaced people fled to Europe from the same regions that now face the greatest risk of further instability; migration flows may surge once more as environmental pressures mount. Stable governments and populations rely on access to vital resources and are thus deeply imperiled by the threat of widespread drought, crop failure, flooding, and other disruptions that climate disruption portends. By this measure, any of the “staging” areas for migrants in North Africa, as well as their origin nations throughout Africa and the Middle East, are already politically fragile. The OSCE has gradually begun to mobilize around the pressing security reality of a changing climate. In the wake of the latest UN Climate Report, Nilza de Sena, chair of the OSCE Parliamentary Assembly’s Economic and Environmental Committee, warned that the effects of climate change are close and potentially disastrous and urged bold action to “accelerate decarbonization and intensify the discussion on the expansion of renewable and sustainable energy and maximizing energy efficiency.” The OSCE also has joined the Environment and Security (ENVSEC) Initiative, a sweeping multi-agency program established to examine the security risks posed by climate change, particularly in Eastern Europe, South Eastern Europe, the South Caucasus, and Central Asia. Crucially, the effort treats climate change as a threat multiplier inherent to future national and international security agendas. Its “Climate Change and Security” report analyzed credible domestic security concerns for OSCE member nations, including competition for scarce resources, increased social tension and conflict, loss of trade, and infrastructural damage. The analysis has yet to account for the compounding effects the external pressures of increased migration will inflict, as the same climate shocks ripple across more fragile regional neighbors. Climate disruption and subsequent migration imperils the whole of the OSCE and calls for a defense of its most foundational commitments, from sovereign equality to territorial integrity to interstate cooperation. Action must be taken to prepare for the security crisis on Europe’s doorstep, both in domestic planning and investment abroad. The UN Food and Agriculture Organization calls for massive investment in rural development to bolster opportunity, resiliency, and stability. It has developed Sustainable Development Goals to address the structural drivers of migration and shepherd responsible growth in migrant source countries. Increased investment in infrastructure, ensuring reliable access to resources, and redoubled diplomatic conflict resolution will help stem the instability and conflict that displaces vulnerable populations. Further, the Center for Climate and Security promotes a Responsibility to Prepare framework for European leaders to elevate the institutional awareness and responsiveness to climate insecurity, both in migration hotspots and on Europe’s doorway. ENVSEC’s Climate Change and Security report proposes a portfolio of actionable items to better brace OSCE project nations, many of which can and should be implemented broadly across Europe, including raising public urgency, encouraging cross-sectoral policy integration, and incorporating increased cross-border cooperation on climate projections and vulnerability assessments. Finally, the United States’ withdrawal from the Paris Climate accords need not preclude it from climate leadership within the OSCE. It remains uniquely poised to help foster the vital regional cooperation needed to meaningfully address these challenges. European security was shaken by the migration crisis of 2015. Political stability across the continent was undermined and fringe populist forces emboldened in its wake. Unless concerted, collective action is taken quickly, the coming waves of climate migration could make past surges look like ripples. The U.S. and OSCE have both a mandate and responsibility to lead.

  • Helsinki Commission Chairman Condemns Mob Attacks on Roma in Europe

    WASHINGTON—Following reports of a mob attack against the Roma community and a police station in Gabrovo, Bulgaria, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) today issued the following statement: “I am very disturbed by the increasing frequency of mob attacks on Roma in Europe—most recently in Bulgaria, but also in Italy, France, and the Czech Republic. Governments must do more to counter the corrosive effects of hate-mongering and protect their most vulnerable communities from bias-motivated crimes. “The violence in Bulgaria is particularly concerning. As they say in the horror movies, ‘the call is coming from inside your house.’ An attack on a government institution like a police station is an attack on democracy itself.” Reports indicate that earlier this week, an anti-Roma group attacked the police station in Gabrovo when officers refused to turn over three Roma to the mob following an altercation at a local shop. Some Romaní homes were subsequently destroyed. The attack comes on the heels of recent anti-Roma rhetoric at the highest levels of the Government of Bulgaria. In February, Bulgarian Defense Minister and Deputy Prime Minister Krasimir Karakachanov proposed offering free abortions to limit the Roma birthrate. In early April, a mob attacked 70 Roma, including children, in a suburb of Rome, Italy. Prosecutors have opened an investigation into the attack.  Similar attacks on Roma in the town of Dvorec in the Czech Republic forced a Romani family to leave the area. Three Romani children were subsequently attacked in the Czech village of Lipník nad Bečvou. In France in late March, false kidnapping accusations against Roma circulated on social media were associated with gang attacks on Roma in France. Local police issued statements to quell the disinformation. 

  • Slovakia's Chairmanship of the OSCE

    In 2019, Slovakia holds the chairmanship of the world’s largest regional security organization: the Organization for Security and Cooperation in Europe (OSCE), which brings together 57 countries from North America, Europe and Central Asia. At the Helsinki Commission’s first hearing in the 116th Congress held on April 3, 2019, Slovakia’s Minister of Foreign and European Affairs, Miroslav Lajčák, was invited to discuss the chairmanship’s priorities for the OSCE in 2019 and its plans for progress. Minister Lajčák was received by Helsinki Commission Chairman Alcee L. Hastings (FL-20), along with Co-Chairman Sen. Roger Wicker, Ranking House Member Rep. Joe Wilson, and Commissioners Sen. Cory Gardner, Rep. Gwen Moore, and Rep. Brian Fitzpatrick. Chairman Hastings encouraged Minister Lajčák to meet with civil society during his country visits as Chair-in-Office, including in the United States.  Co-Chairman Wicker observed, “[a]t a time when civil society is under threat in so many countries, we look to you, as the Chair, to ensure that people’s voices are heard in the OSCE.” Minister Lajčák stated that “resolving conflicts and mitigating their impact on people” in countries suffering from “economic instability, political instability, [and] human rights violations” is a priority for Slovakia’s Chairmanship. He focused on Ukraine due to the severity of the country’s conflicts, while also acknowledging those in other areas of the OSCE region such as Transnistria, Georgia, and Nagorno-Karabakh, for which Co-Chairman Wicker emphasized the need for the OSCE to “strengthen the process of democratic reform, fight against corruption, and fight against regional instability.” The minister emphasized that his goal will be to focus on a list of nine concrete measures that would “bring about small, but concrete, results and improvement [in Ukraine] for the people on the ground,” such as humanitarian demining and repairing civilian infrastructure. He asserted that repairing Stanytsoa Lukanska, a bridge which serves as a key piece of transportation infrastructure in the Luhansk area, is the most important of these measures. The minister also emphasized the need to ensure a safer future, especially for young people, by countering cyberterrorism and its (mis)use in organized crime and human trafficking. He emphasized the importance of educating youth in matters related to cybersecurity, including emerging threats such as cyberterrorism. To that end, Slovakia’s chairmanship will use its convening authority “to call attention to new trends and explore potential collaborative impact.” Chairman Hastings optimistically remarked that “young people know a hell of a lot more about [cyber security and technology] than we do” and Commissioner Moore commended Mr. Lajčák for focusing on the youth – “it is a quintessential strategy for preventing chaos.” Finally, the Slovak Chair-in-Office focused on multilateralism, considered by Minister Lajčák as a “fundamental problem-solving and war-preventing” tool both in and outside of the OSCE. Furthermore, Minister Lajčák emphasized the importance of “working together on multilateral platforms [which] is inevitable if we want to safeguard peace and prosperity to our people,” calling the OSCE “the platform to do just that.” He affirmed this priority of co-operation between OSCE participating States in response to a concern raised by Commissioner Moore regarding certain participating State’s “violations [of all] the Helsinki principles” which would undermine multilateralism within the OSCE: “We have to […] look eye-to-eye and talk about issues […] that is what makes the OSCE unique.” Throughout the hearing, the Chair-in-Office stressed an intent to counter terrorism in his priorities. Part of the minister’s first conference to encourage youth education involved “promoting tolerance and non-discrimination, and the best practices in combating modern-day anti-Semitism,” to stem terrorism. Furthermore, a second conference, held a week before the hearing, “focused on preventing and countering terrorism as well as violent extremism and radicalization that lead to terrorism.” The minister asserted that “terrorism and violent extremism pose as grave a threat as ever” and that “we, at the OSCE, need to continue updating and adapting our toolbox” to be prepared for the future. Despite specific victories, such as the recent destruction of the remaining Daesh strongholds, the minister advised that “this is not a time to get comfortable,” and that “we need to address the root causes [of terrorism] and stay one step ahead.” The OSCE Chair-in-Office also addressed regional challenges including Russia’s continued aggression in Ukraine; protracted conflicts in Transnistria, Georgia, and Nagorno-Karabakh; increasing instability in the Western Balkans; and Turkey’s campaign to stifle dissent in every sector. Many countries are struggling—or failing—to live up to their OSCE commitments in the areas of human rights, democracy, and the rule of law, and vulnerable communities are targets of discrimination and violence. However, Chairman Hastings is optimistic about the capability of the OSCE to advance the rule of law, human rights, and non-discrimination its participating States. Minister Lajčák expressed confidence that providing concrete measures to improve the daily lives of those living in conflict, educating youth, and encouraging multilateral engagement on their behalf will lead to positive developments throughout the OSCE region.

  • First Person: A Divided Island’s Long Road to Peace

    By Mark Toner, Senior State Department Advisor There are two images seared into my brain from my visit to Cyprus during a recent congressional delegation led by Sen. Roger Wicker (MS). The first was a darkened, underground garage filled with the rusting hulks of mid-1970s Toyotas.  They were once the sparkling-new inventory of a car dealership situated in the heart of Nicosia, Europe’s last divided capital. Following the 1974 incursion by Turkish forces in the wake of a failed coup attempt, the dealership became part of a buffer zone that runs like a scar across the length of Cyprus, separating the Turkish Republic of Northern Cyprus (TRNC) and the Republic of Cyprus (RoC). The dealership’s owner fled when the fighting erupted and never returned. The cars sit frozen in time, waiting for customers who will never come. Abandoned vehicle in Nicosia, Cyprus. The second was both jarring and moving: at the Committee on Missing Persons, we entered a clean, cavernous room full of long tables on which an array of partially-reconstructed skeletons were arranged—the remains of some of the more than 2,000 people who disappeared during the outbreak of violence between Greek Cypriots and Turkish Cypriots in 1963-64, as well as during the later 1974 conflict. Located in a compound in the United Nations Protected Area near the old Nicosia airport, the Committee is an organization established by both the Greek Cypriot and Turkish Cypriot communities that recovers, identifies, and ultimately returns these remains to their still-grieving families and loved ones, using state-of-the-art DNA technology and an exhaustive scientific process. These were just two of the places we visited during our two-day stay on the island as part of a bipartisan, bicameral delegation on its way to the Winter Meeting of the OSCE Parliamentary Assembly in Vienna, Austria. As part of our jam-packed schedule, the delegation met with the President of the Republic of Cyprus and Turkish-Cypriot leadership, and toured the UN buffer zone with the hardworking and good-natured UN peacekeepers who police the 112-mile ceasefire line. Cyprus is among the world’s oldest and most intractable frozen conflicts, and the social, political, and economic tensions the conflict created still feel fresh today. Since the island was effectively split in two in 1974, there have been repeated UN-led attempts to broker a settlement and reunify the island, but all have ended in failure. It is also a tale of two realities. While Greek Cypriots enjoy the benefits of EU and Eurozone membership and seek to exploit the potential of untapped hydrocarbon reserves located in an Exclusive Economic Zone that surrounds the island, those who live in the self-proclaimed Turkish Republic of Northern Cyprus remain politically and economically isolated from the rest of Europe and rely heavily on their big brother to the north, Turkey, for security and economic assistance. Our visit to Cyprus was a stark reminder of the difficulty of moving past an unresolved conflict, in a place where grievances are often passed from generation to generation, and the ghosts of the past remain as tangible as the neglected shell of a crumbling 15th-century church in the UN buffer zone or the rusting hulks of airplanes still sitting on the runway of the abandoned Nicosia International Airport. Our brief visit to the Committee on Mission Persons, however, was a poignant reminder of the vital importance of civil society in restoring a sense of normalcy once the fighting ends.  It is a calming place, where dedicated people from both sides of the conflict work together to bring a sense of closure to those who lost loved ones in the fighting; it speaks to the fierce resiliency of the people of Cyprus and the enduring hope that old wrongs can yet be overcome.       

  • Slovakian Minister of Foreign Affairs to Appear at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: SLOVAKIA’S CHAIRMANSHIP OF THE OSCE Priorities and Challenges Wednesday, April 3, 2019 3:30 p.m. Senate Visitor Center Room 201-00 Live Webcast: www.youtube.com/HelsinkiCommission In 2019, Slovakia holds the chairmanship of the world’s largest regional security organization: the 57-nation Organization for Security and Cooperation in Europe (OSCE), which stretches from North America through Europe, Central Asia, and Mongolia. Regional challenges include Russia’s continued aggression in Ukraine; protracted conflicts in Transnistria, Georgia, and Nagorno-Karabakh; increasing instability in the Western Balkans; and Turkey’s campaign to stifle dissent in every sector. Many countries are struggling—or failing—to live up to their OSCE commitments in the areas of human rights, democracy, and the rule of law, and vulnerable communities are targets of discrimination and violence. At the same time, recent developments in Armenia and Central Asia hold some of the best hopes for positive change in the region. At his first congressional hearing, Slovakia’s Minister of Foreign Affairs, Miroslav Lajcak, will discuss the chairmanship’s priorities for the OSCE in 2019 and its plans for progress.

  • Remembering Boris Nemtsov

    Madam President, on Sunday, February 24, thousands of people marched in Moscow and in cities across Russia to remember Boris Nemtsov, a Russian statesman and friend of freedom who was gunned down in sight of the Kremlin walls 4 years ago. These people were honoring a Russian patriot who stood for a better future--a man who, after leaving the pinnacle of government, chose a courageous path of service to his country and his fellow Russians. Boris Nemtsov was a man who walked the walk. When others were silent out of fear or complicity, he stood up for a future in which the Russian people need not risk jail or worse for simply wanting a say in how their country is run. Sadly, since Mr. Nemtsov's assassination, the risks of standing up for what is right have grown in Russia. With every passing month, ordinary citizens there become political prisoners for doing what we take for granted here in the United States--associating with a political cause or worshipping God according to the dictates of one's conscience. Last month alone, in a high-profile case, a mother was jailed for the crime of being a political activist in Russia. She was kept from caring for her critically ill daughter until just hours before her daughter died. Jehovah's Witnesses have been sentenced to years behind bars for practicing their faith. Also, a leader of a small anti-corruption organization was beaten to death with metal rods on the outskirts of Moscow. This was all just in February, and it is not even a comprehensive account of the Russian state's using its powers not against real enemies but against its own people--peaceful citizens doing what peaceful citizens do. As for the Nemtsov assassination, 4 years later, justice has yet to be served. It appears that President Putin and his cronies have little interest in uncovering and punishing the masterminds behind Russia's highest profile killing in recent memory. While a few perpetrators who had been linked to the Kremlin-appointed leader of Chechnya, Ramzan Kadyrov, were convicted and sent to prison, Mr. Nemtsov's family, friends, and legal team believe the organizers of his murder remain unidentified and at large. I understand that Russia's top investigative official has prevented his subordinates from indicting a close Kadyrov associate, Major Ruslan Geremeyev, as an organizer in the assassination, and the information linking Geremeyev to Mr. Nemtsov's murder was credible enough for a NATO ally to place Geremeyev on its sanctions list. Yet there has still been no indictment. Russian security services continue to forbid the release of footage from cameras at the site of the assassination. Russian legal authorities refuse to classify the assassination of a prominent opposition leader and former First Deputy Prime Minister as a political crime. Despite all of this, they have declared the case solved. Given this pattern of deliberate inaction on the part of Russian authorities, the need for some accountability outside of Russia has grown more urgent. Russia and the United States are participating States in the Organization for Security and Cooperation in Europe, or the OSCE, and have agreed that matters of justice and human rights are of enough importance to be of legitimate interest to other member states. Respect for these principles inside a country is often a predictor of the country's external behavior. So countries such as ours have a reason to be involved. At the recent meeting of the OSCE's Parliamentary Assembly, we began a formal inquiry into Mr. Nemtsov's unsolved murder and have appointed a rapporteur to review and report on the circumstances of the Nemtsov assassination as well as on the progress of the Russian investigation. As the chair of the U.S. delegation to the OSCE Parliamentary Assembly, I supported this process from its conception at an event I cohosted last July in Berlin. Yet, as the United States of America, there is more we can do. To that end, I am glad to cosponsor a resolution with my Senate colleagues that calls on our own government to report back to Congress on what we know of the circumstances around Boris Nemtsov's murder. This resolution also calls on the Treasury Department to use tools like the Magnitsky Act to sanction individuals who have been linked to this brutal murder, such as Ruslan Geremeyev. We hear constantly from Russian opposition figures and civic activists that personal sanctions, such as those imposed by the Magnitsky Act, have a deterrent effect. Vladimir Putin has made it abundantly clear that these sanctions, based on personal accountability, are more of a threat to his regime than blunter tools, such as sectoral sanctions, that often feed his propaganda and end up harming the same people we are trying to help in Russia—innocent citizens. To its credit, the Trump administration has done a better job than had the previous administration in its implementing of the new mandates and powers Congress authorized in both the Russia and Global Magnitsky Acts. We are in a much different place than we were when these tools were originally envisaged nearly 10 years ago. The administration is mandated to update the Magnitsky Act's list annually, with there being a deadline in December that sometimes slips into January. Now it is already March, and we have yet to see any new designations under the law that the late Mr. Nemtsov himself called the most pro-Russian law ever adopted in a foreign legislature. While the law has been lauded by Russian democrats, it is rightly despised by those like Vladimir Putin who abuse and steal from the American people. Recall that it was at the Helsinki summit late last summer between the leaders of Russia and the United States of America—perhaps the grandest stage in U.S.-Russian relations in a decade—where Mr. Putin himself requested that his investigators be able to depose U.S. officials most closely associated with passing and implementing the Magnitsky law, as if they were criminals. We need to show the Russian dictator that this sort of bullying will not stand and that we will continue to implement the Magnitsky Act thoroughly and fairly. A year ago, I participated—along with many of my colleagues in the House and Senate—in the unveiling of Boris Nemtsov Plaza in front of the Russian Embassy here in Washington, DC—the first official memorial to Boris Nemtsov anywhere in the world. One day, I hope there will be memorials to Boris Nemtsov all across Russia, but the best tribute to his memory will be a Russia he wanted to see, a just and prosperous Russia, at peace with its neighbors and a partner with the United States. I yield the floor.

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