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HELSINKI COMMISSIONERS VISIT HUNGARY
Focus on Democracy, Strengthening Bilateral Relationship
Wednesday, July 17, 2019

Pictured: Mate Szabo, Hungarian Civil Liberties Union (left) meets with Representative Tom Cole (right).

From July 1 to July 3, three members of the U.S. Helsinki Commission visited Hungary as part of a bipartisan delegation led by House Majority Leader Steny H. Hoyer. The delegation included Senator Benjamin L. Cardin, Ranking Senate Commissioner and OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism and Intolerance, as well as Commissioners Steve Cohen and Gwen Moore. It was the largest congressional delegation to visit Hungary in at least three years. 


From left: Rep. Garret Graves, Rep. Val Demings, Helsinki Commissioner Rep. Steve Cohen, Helsinki Commission Ranking Member Sen. Ben Cardin, Amb. David Cornstein, House Majority Leader Steny H. Hoyer, Minister of the Prime Minister’s Office Gergely Guylas, Rep. Tom Cole,  Helsinki Commissioner Rep. Gwen Moore, Rep. Gregory Meeks

The delegation met with civil society representatives; independent investigative journalists; analysts with expertise on corruption, Russian malign influence, and security; experts on the judiciary; and democratic opposition representatives. In addition, the delegation met with the rector of Central European University and the head of Hungary’s Jewish communities.

The delegation requested meetings with the Prime Minister, Minister of Foreign Affairs and Speaker of the Hungarian parliament. During the visit, the Members of Congress had an exchange of views with Gergely Gulyás, the Prime Minister’s Chief of Staff, and Zsolt Nemeth, the chair of the Hungarian National Assembly foreign affairs committee. 

U.S. Ambassador to Hungary David Cornstein welcomed the delegation and accompanied the Members to their meetings, also hearing the diverse concerns raised.

The purpose of the visit was to strengthen support for the shared principles of democracy and collective security to which the United States and Hungary have jointly committed and with a view to safeguarding fundamental freedoms, democracy, and the rule of law. In meetings with government officials, the members welcomed the Hungarian parliament’s approval of the Defense Cooperation Agreement on July 2. Following the conclusion of their visit to Hungary, the delegation traveled to Luxembourg to participate in the annual session of the OSCE Parliamentary Assembly. Members of the delegation also spoke about their visit to Hungary at the Parliamentary Assembly meeting.


Members of the Congressional delegation at the statue in Budapest of President Ronald Reagan. The statue was erected in 2011 to honor the American president’s efforts to end communism. It is on Liberty Square, facing the U.S. Embassy, with the Hungarian parliament visible in the background.

Majority Leader Hoyer served as chair and co-chair of the Helsinki Commission (positions that rotate between the House of Representatives and Senate) from 1985 to 1994. During that critical period of transition before and during the fall of communism, he made Central Europe a focus of the Commission’s efforts to support human rights and democracy. He led delegations to Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania, working closely with Secretaries of State George Schultz, James Baker, and Warren Christopher to advance democracy in the region. He also chaired roughly a dozen hearings focused specifically on human rights in Central Europe, including minority rights and religious liberties.

As chairman of the Helsinki Commission, Majority Leader Hoyer participated in the 1989 Paris Meeting of the Conference on the Human Dimension and personally introduced a Helsinki Commission initiative that became a formal U.S. proposal: a call for free and fair elections throughout the OSCE region. That U.S. proposal became a key element of the 1990 Copenhagen meeting a year later and set the stage for the subsequent framework for OSCE election observation.

Helsinki Commissioners Visit Hungary

Majority Leader Steny H. Hoyer (right) meets with independent journalists Szabolcs Panyi (left) and Anita Komuves (center). Photo: Attila Németh/U.S. Embassy or fotó: Németh Attila/Amerikai Nagykövetség.

Majority Leader Hoyer also represented the United States at the 1991 Moscow Conference on the Human Dimension, a meeting notable for taking place shortly after the August coup attempt in Russia. The Moscow Concluding Document included an unprecedented provision explicitly recognizing that human rights and democracy are not strictly the internal affairs of participating States:

“The participating States emphasize that issues relating to human rights, fundamental freedoms, democracy and the rule of law are of international concern, as respect for these rights and freedoms constitutes one of the foundations of the international order. They categorically and irrevocably declare that the commitments undertaken in the field of the human dimension of the CSCE are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned. They express their determination to fulfil all of their human dimension commitments and to resolve by peaceful means any related issue, individually and collectively, on the basis of mutual respect and co-operation. In this context they recognize that the active involvement of persons, groups, organizations and institutions is essential to ensure continuing progress in this direction.”

 


 

Hoyer Leads Congressional Delegation to Hungary

For Immediate Release: 

July 3, 2019

Contact Info: 

Annaliese Davis (202) 226-1290

WASHINGTON, DC – House Majority Leader Steny H. Hoyer (MD) led a bipartisan Congressional Delegation to Budapest, Hungary, where they met with government officials, opposition leaders, independent media, and civil society activists.
 
“The United States continues to support efforts to strengthen democracy in Hungary, and we had many honest discussions during our time in Budapest,” said Leader Hoyer. “We were disappointed that we were unable to meet with Prime Minister Orban. The threat of oligarchs and party loyalists gaining control of independent institutions, the judiciary, and the media is alarming. The erosion of democratic checks and balances ought to concern everyone. We appreciated the opportunity to meet with civil society activists and share our support for the work they are doing to renew democracy in their country.  We will continue to promote strong democratic institutions in Hungary that hold its leaders accountable to protect the rights and freedoms of its people.”
 
“Our meetings with diverse political leaders, independent journalists, representatives of religious communities and civil society were informative and illuminating.  We remain convinced that a strong, democratic Hungary would be the most effective partner for the United States and our NATO allies,” said Senator Cardin, the lead Senate Democrat on the Commission on Security and Cooperation in Europe (CSCE). “We regret that we were unable to speak directly with Prime Minister Orban regarding the steps his government has taken which have undermined core elements of democracy, opened the door to Russian malign influence, and enabled corrosive corruption. Our alliance is not only about shared interests but shared values, and hope alone will not make this reality.  The United States remains open, as an active partner, to find ways to strengthen democracy and the rule of law, protect civil society, and counter extremism that fuels anti-Semitism and undermines regional stability.” 
 
“Hungary is a firm friend and a loyal ally, but all of us are concerned about the erosion of democratic institutions and the rise of Russian influence," said Congressman Cole. "We intend to work with our Hungarian friends across the political spectrum to ensure that their elections are free and fair, their judiciary independent, and their press vibrant and robust."

The delegation prioritized meeting with human rights and anti-corruption leaders. The delegation also met with the leadership of the Central European University and expressed their support for it to remain open.  Among the government officials with whom the Members held meetings were the head of the Foreign Affairs Committee of the Hungarian Parliament and the Prime Minister’s Chief of Staff. 
 
The other Members of the Congressional Delegation are: Sen. Ben Cardin (D-MD), the lead Senate Democrat on the Commission on Security and Cooperation in Europe (CSCE), and Reps. Tom Cole (OK-04), Gregory Meeks (NY-05), Gwen Moore (WI-04), Steve Cohen (TN-09), Garret Graves (LA-06), and Val Demings (FL-10). 

 

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As the number of international meetings on Romani issues has increased in recent years, organizers of such meetings face considerable challenges in meeting the ever higher expectations for them, and governments, non-governmental actors, and international organizations must work hard to avoid duplication and create a sense of forward motion and real change.  And, as suggested in concluding remarks by a Council of Europe representative, such conferences must figure out how to reach out to local governments, national parliaments and, above all, the majority populations which are the source of the discrimination Roma face.

  • Advancing the Human Dimension in the OSCE: The Role of the Office for Democratic Institutions and Human Rights

    This hearing, led by the Helsinki Chairman the Hon. the Hon. Sam Brownback, Co-Chairman the Hon. Christopher H. Smith Office, and ranking member the Hon. Alcee L. Hastings, examined the role that Democratic Institutions and Human Rights (ODIHR) has played over the last fifteen years. ODIHR’s role in advancing human rights and the development of democracy in the OSCE participating States was noted and agreed to be particularly important. ODIHR is engaged throughout Western Europe and the former Soviet Union in the fields of democratic development, human rights, tolerance and non-discrimination, and promotion of the rule of law and has set the international standard for election observation. Within the hearing, the challenges that ODIHR faces were examined, specifically those instigated by the Russian Federation, Belarus and a small minority of the OSCE participating states seeking to undermine the organization under the guise of reform.  ODIHR has earned an international reputation for its leadership, professionalism, and excellence in the area of election observation.  That being said, ODIHR’s mission is much broader, encompassing a wide range of human rights activities aimed at closing the gap between commitments on paper and the reality on the ground in signatory countries.    

  • Tools for Combating Anti-Semitism: Police Training and Holocaust Education

    The Helsinki Commission held a briefing on Holocaust education tools and law enforcement training programs undertaken by the Organization for Security and Cooperation in Europe. Co-Chairman Smith cited the vicious murder of Ilan Halimi as a reminder of the need to redouble efforts to combat anti-Semitism and to speak out when manifestations of related hatred occur.  The briefing highlighted specific programs which promote awareness of the Holocaust and provide law enforcement professionals with the tools to investigate and prosecute hate-inspired crimes.   Paul Goldenberg, a Special Advisor to ODIHR who designed the law enforcement training program which assists police to recognize and respond to hate crimes, stressed that law enforcement professionals must be recognized as an integral part of the solution.  Dr. Kathrin Meyer addressed the challenges presented by contemporary forms of anti-Semitism and highlights ways to address the subject in the classroom. Other witnesses – including Rabbi Andrew Baker, Director of International Jewish Affairs for the American Jewish Committee; Stacy Burdett, Associate Director of Government and National Affairs, Anti-Defamation League; and Liebe Geft, Director, Simon Wiesenthal Center’s Museum of Tolerance also presented testimony at this briefing.

  • From the Maidan to Main Street: Ukraine's Landmark Democratic Parliamentary Elections

    By Commission Staff While pundits attempt to sort out the political meaning of Ukraine’s March 26th parliamentary elections to fill the 450-seat Verkhovna Rada, the significance of the conduct of the elections should not be missed.  “Free and fair” was the resounding assessment of the OSCE-led International Election Observation Mission (IEOM) that also included observers from the OSCE Parliamentary Assembly, the Parliamentary Assembly of the Council of Europe, the European Parliament, the NATO Parliamentary Assembly, and the OSCE Office of Democratic Elections and Human Rights (ODIHR).  This unqualified positive appraisal – a first among the 12 former Soviet republics outside the Baltics that have conducted scores of elections since the 1991 breakup of the Soviet Union – underscores the consolidation of democratic gains made in Ukraine’s 2004 Orange Revolution following years of political stagnation. These clean March 26th elections stood in stark contrast to the fatally flawed first rounds of the Ukrainian presidential elections that ushered in popular revolt sixteen months earlier.  Coming on the heels of the blatantly undemocratic presidential “elections” in neighboring Belarus a week earlier, comparisons were inevitable.  The Rada elections also followed a series of recent electoral contests elsewhere in the former Soviet Union, including in Azerbaijan and Kazakhstan, which to varying degrees fell short of international standards.  The OSCE assessment in Ukraine returns the “free and fair” formulation to the lexicon of international election observations, departing from the heavily nuanced appraisals that have become common in recent years.  This development has potentially significant implications for future OSCE observations, especially with parliamentary and presidential elections expected in Russia in 2007 and 2008 respectively. Helsinki Commissioner Rep. Alcee L. Hastings, current President of the OSCE Parliamentary Assembly, was appointed by the OSCE Chair-in-Office to serve as Special Coordinator for short-term observers.  Commission staff observed on Election Day, as part of the IEOM deployment of 914 observers coming from 45 OSCE countries including Russia.  In all, the group examined voting and the vote count in nearly 3,000 polling stations.  The Commission contingent observed balloting throughout the Kiev and Cherkasy regions. The Ukrainian Government declined to invite observers from the Commonwealth of Independent States (CIS), an entity discredited in the eyes of many for its effusive praise of fundamentally flawed elections elsewhere in the former Soviet Union, including Belarus’ undemocratic March 19 presidential contest.  The CIS stood out for its sharply critical evaluation of Ukraine’s December 26, 2004 presidential elections that resulted in Victor Yushchenko’s victory in elections widely considered to have met democratic standards.  Ukraine has refused to participate further in CIS monitoring missions.  The two dozen Russian Duma observers present offered tempered, mixed opinions about the conduct of Rada elections.   Whatever shortcomings there were in these elections – and no undertaking of this scale is perfect – they appear to have resulted from late or otherwise poor planning.  Among these were delays in the formation of some district and precinct election commissions, the absence of a functioning Constitutional Court, long lines and crowding at some polling stations, and lingering inaccuracies in voter lists.  On the positive side of the balance sheet were the significantly freer media and decidedly more balanced media coverage; no systematic use of administrative resources; the transparent, consensual and professional administration of the elections at all levels; inclusion of domestic, non-partisan observers; and an overhaul of voter lists.        Election day began early with polling stations opening at 7:00 a.m.  There were over 34,000 polling stations.  Adding to the vibrancy of the elections was the large number of domestic observers, an indication of buy-in on the part of Ukrainians young and old alike with many affiliated with particular parties or candidates and others representing NGOs.  Upon entering the polling stations, one was struck by walls plastered with informational bulletins on candidates and parties.  Forty-five parties and blocs vied for seats in parliament.  While the international community was mainly focused on the parliamentary balloting, voting was also underway for regional and local government.  Voters were thus presented with four lengthy ballots: national and regional as well as local councils and mayoral races.  While some older voters were befuddled by this collection of papers, most voters seemed to take it in stride.  Election commission poll workers seemed attentive to their duties.  This was put to the test in the complicated tabulation process that began, once polling stations closed at 10:00 p.m., typically involving the sorting and counting of thousands of papers.  Processing the Rada results alone went into the wee hours of morning, with the three remaining stacks of ballots from other contests proceeding well past daybreak. The undeniable success of the domestic observation in these elections, buttressed by years of investment in training and support by the United States and others, raises obvious questions about the need for future international observations in Ukraine.  Has the time come to “graduate” Ukraine from such scrutiny and leave that necessary task to Ukrainian stakeholders themselves?  Many believe the March 26th elections confirm that that time has come, especially if Ukraine continues on its increasingly democratic trajectory.  The greater and more prominent role of domestic observers, also reinforces the notion that the time for Ukraine’s “graduation” has come.  Indeed, the OSCE should continue to encourage domestic stakeholders to prove themselves to their own people. The Maidan, Kiev’s Independence Square that featured so prominently in the massive demonstrations by orange-clad protesters in November 2004 and the jubilant crowds following Yushchenko’s victory a few weeks later, was calm on the Monday following the Rada elections.  Strolling past this bustling area, Ukrainians were going about their routines, perhaps an indicator that the politics of democracy has moved from the Maidan to the Main Streets of cities and towns throughout the country. Whatever the pundits may declaim regarding the election results or the continuing strength of the Orange Revolution, what seemed palpable was a keen appreciation for the business of governing.  Neither a democratic revolution nor a single “free and fair” election are guarantees that the resulting government will be in a position to immediately deal with the basic needs of its people.  Overcoming these obstacles will have a profound impact on how the next government meets the political and economic challenges Ukraine faces at home and abroad.                   What we can say with confidence is that the March 26th elections were a further essential step in the process of overcoming the legacy of the past – a history marred by foreign domination, genocidal famine, denial of political and cultural freedom, and more recently political stagnation.  Today, the people of Ukraine are removing the overgrowth of thorns – an image alluded to by the great poet Taras Shevchenko – that prevented them for so long from pursuing their own pathway to a brighter and more prosperous future.

  • Debate on "Present World Crisis Regarding Freedom of Expression and Respect for Religious Beliefs"

    In the First Amendment of the Constitution of the United States, the people’s right to freedom of speech, including freedom of the press, and the people’s right to peacefully assemble to protest both, are guaranteed. As political leaders, we have a special responsibility—words have consequences.  When words can lead to anti-Muslim or anti-Semitic or anti-Christian actions—we have a responsibility to speak out against such expression.   The recent political cartoons published in the European press which mock the Prophet Mohammed and equate Islam and practicing Muslims with terrorism are not only offensive but also irresponsible because they foster anti-Muslim sentiment. We should protect the right of the press, but we should condemn such expressions as wrong.   If we do not act, we risk leaving a terrible legacy to our children.    Such a legacy would condone hate speech and racial and religious incitement.  Such a legacy would lead to more tragic and unjustifiable violence, more discrimination against Muslims and more attempts by government to improperly control the media.   We should act effectively and peacefully.    Dr. Martin Luther King, Jr., the most profound civil rights leader in the United States in the 20th Century, cautioned all of us that the legacy of hate and violence must not be hate and violence.  The violent response to the cartoons must be condemned, but our response to the cartoons must be decisive.   The OSCE has acted against anti-Semitism, racism, xenophobia and all forms of religious discrimination.  We have an action plan reinforced by ODIHR and our special representatives.   We need to reinforce our efforts to educate respect and understanding among all religions.  We need to strengthen training on the right and responsibility of a free media.  We need to promote specific and appropriate activities in each of our States to facilitate these goals.    As leaders, let our legacy be for each of our States—freedom of the press and greater understanding and respect for religious diversity.

  • European Court Rules in Critical Czech Desegregation Case; Equal Access to Education for Roma Remains Goal

    By Erika B. Schlager Counsel for International Law Summary In 1999, several Romani students from the Czech Republic brought a suit before the European Court on Human Rights alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated European human rights law.  On February 7, 2006, a seven-member Chamber of the Court held that the applicants failed to prove that their placement in “special schools” was the singular result of intentional racial discrimination.  The plaintiffs have 3 months to appeal to a 17-member Grand Chamber.  Elsewhere in Central and Southern Europe, Roma are also pursuing efforts to achieve equal access to education. Background During the Communist-era, many East European countries developed a practice of channeling Roma into schools for children with mental disabilities, called “special schools.”  Critics have argued that this practice constitutes, de facto, a form of segregating Roma into a separate and inferior school system. The Ostrava Case “Unsatisfactory performance of Gypsy children in Czech and Slovak schools is often “solved” by transferring the children to special schools for the mentally retarded. During the school year of 1970-71 in the Czech lands alone, about 20% of Gypsy children attended these special schools as against only 3% of children from the rest of the population. According to psychological tests the great majority of these children should not be in these schools. This indiscriminate transferring of Gypsy children to these special schools, which is the general practice, reflects unfavorably on the whole Gypsy population. A child who “graduates” from such a school has the same standing as a child who did not finish his basic schooling. Access to better employment opportunities is closed. Even art schools are closed to them, while persons with special musical talent - not uncommon among Gypsies - are shunned. Musical and dance groups are interested in these talented persons, however, they cannot employ them. “The main reason for the unsatisfactory performances of Gypsy children is the fact that there are no schools which teach Gypsy culture and try to develop it. The powers that be are, on the contrary, doing everything to suppress Gypsy culture and the media assists in this destruction by spreading lies, such as that Gypsy culture does not exist. Gypsy children are forced to attend schools where they are taught in the Czech or Slovak language and where, from the pictures in the primer, they get the impression that they are foreign, that they are second class citizens, without their own language, without a past and without a future.”   - Situation of the Gypsies in Czechoslovakia, Charter 77 Document No. 23, issued December 13, 1978 by Vaclav Havel and Dr. Ladislav Hejdanek, Charter 77 Spokesmen In 1999, a group of Roma from Ostrava, the Czech Republic’s third largest city, brought suit against their government, alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated Czech national and constitutional law, as well as European human rights law. At the time the case was brought, a number of Czech newspapers ran editorials indirectly espousing some form of school segregation.  For example, one leading newspaper ran an article arguing that educating a “future plumber” and a “future brain surgeon” together ultimately benefits neither one. On October 20, 1999, the Czech Constitutional Court rejected the plaintiffs’ claim.  In the view of the court, it did not have the jurisdiction to address the broad pattern of discriminatory treatment alleged – allegations supported by compelling statistical evidence but no smoking gun that proved an explicit intent to discriminate against the individual plaintiffs. Notwithstanding the Constitutional Court’s perceived jurisdictional inability to provide a remedy to the plaintiffs, the Court recognized “the persuasiveness of the applicants’ arguments” and “assume[d] that the relevant administrative authorities of the Czech Republic shall intensively and effectively deal with the plaintiffs’ proposals.” Having exhausted their domestic remedies, the students then turned to the European Court of Human Rights in Strasbourg, an organ of the Council of Europe. In connection with that suit, Case of D.H. and Others v. The Czech Republic, the Czech Government acknowledged that, nationwide, 75 percent of Czech Roma were channeled into special schools.  In some special schools, Roma made up 80-90 percent of the student body.  The Czech Government also acknowledged that “Roman[i] children with average or above-average intellect [we]re often placed in such schools” for children with mental disability. In opposing the plaintiffs’ claims, the Czech Ministry of Education attempted to deflect an examination of whether their placement in schools for the mentally disabled was the result of racial bias by claiming (among other things) that Romani parents have a “negative attitude” toward education. This assertion was particularly ironic, given the lengths to which the plaintiffs’ parents were willing to go – all the way to Europe’s highest human rights court – to ensure their children could get a good education. “In countries with substantial Romani communities, it is commonplace for Romani children to attend schools that are largely comprised of Roma or to be relegated to Roma classes within mixed schools. In its most pernicious form, segregation is achieved by routing Romani children into ‘special schools’ – schools for the mentally disabled – or into classes for mentally disabled children within regular schools”. - Report on the Situation of Roma and Sinti in the OSCE Area, issued by the OSCE High Commissioner on National Minorities, 2000 Moreover, this broad sweeping generalization, originally made before the Czech Constitutional Court, was viewed by some as confirmation of racial prejudice in the Czech education system. Remarkably, it was repeated without comment in the European Court’s decision.  Putting aside the bias reflected in the Ministry of Education’s assertion, there is no evidence demonstrating that a parent’s “negative attitude” results in actual mental disability in his or her children. Meanwhile, the Czech Government adopted some changes to the law on special schools which came into effect on January 1, 2005 (Law No. 561/2004) and on February 17, 2005 (Decree No. 73/2005).  To some degree, these changes were reactive to the issues raised by the Ostrava suit, including the criticisms of the procedures by which parental consent was purportedly obtained for the placement of children in special schools.  Nevertheless, non-governmental groups monitoring this situation argue that the changes have not dismantled an education system that remains effectively segregated and that the changes fail to provide redress or damages for the Romani plaintiffs from Ostrava who were denied equal access to mainstream schools. The case in Strasbourg was heard by a seven-member Chamber of European Court and resulted in a 6-1 decision.  Significantly, the President of the Chamber issued a concurring decision, in which he stated that some of the arguments of the dissenting judge were very strong.  He also suggested that in order to hold that there had been a violation of the Convention in this case, the Chamber might have to depart from previous decisions of the Court.  In his view, overturning or deviating from past rulings is a task better undertaken by the Grand Chamber of the Court.  The applicants have three months to decide whether to appeal this decision to a 17-member Grand Chamber. While the underlying issues which led Roma to bring this suit still persist, there are many indications that prejudices against Roma in the Czech Republic have diminished since the Ostrava case was first heard by the Czech Constitutional Court.  For example, when the European Court issued its holding in the case, a leading daily paper wrote that although the Czech Government “won” its case, there were still significant problems for Roma in the Czech educational system that needed to be addressed. Limitations of the European Court Decision Significantly, there were several issues the court did not address. The suit in question was brought under Article 14 of the European Convention on Human Rights, which is the non-discrimination provision of the Convention, in conjunction with Article 2 of Protocol 1 to the Convention, which provides for a right to education.  In essence, discrimination in education based on race, ethnicity or social origin is prohibited. When interpreting this standard, the Court referred to previous cases in which it held that States party to the European Convention “enjoy a certain margin of appreciation in assessing whether and to what extent differences in otherwise similar situations justify a difference in treatment.”  The Court also reiterated “that the setting and planning of the curriculum falls in principle within the competence of the Contracting States.”  In short, while European Convention norms prohibit discrimination in education, States still have considerable discretion in designing their education programs.  But while the Court reiterated this jurisprudence, it failed to indicate what is meaningfully left of Articles 14 and Protocol 1, Article 2?  What threshold must be crossed before the court will actually determine that alleged discrimination takes a case out of the discretion of the States party to the Convention and brings it within the reach of the Court? Two other issues the court did not address do not relate so much to the court’s own jurisprudence, but from parallel developments in European Union norms in the field of non-discrimination. “The European Parliament [ . . . c]alls on Member States in which Roma children are segregated into schools for the mentally disabled or placed in separate classrooms from their peers to move forward with desegregation programmes within a predetermined period of time, thus ensuring free access to quality education for Roma children and preventing the rise of anti-Romani sentiment amongst school-children.” - European Parliament resolution on the situation of the Roma in the European Union, adopted April 25, 2005 In 2000, the European Union adopted “Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,” more commonly known as the “Race Directive.”  The directive is binding on all current 25 Member States of the European Union and is intended to ensure a minimum level of protection from race discrimination in all EU countries in several areas, including education.  (The fifteen countries that were EU members as of 2000 had until July 19, 2003, to transfer the directive into national law; applicant countries had until the date of their accession.  The Czech Republic joined the EU in 2004 but, in fact, it has not yet adopted comprehensive anti-discrimination legislation.  Legislation was introduced in the parliament in late 2005, but the draft was narrowly rejected by the Senate in January 2006.) The Race Directive requires Member States to adopt comprehensive anti-discrimination legislation that, among other things, requires anti-discrimination legislation to include both direct and indirect discrimination.  Indirect discrimination, which is at issue in the Ostrava case, is defined by the directive as occurring when “an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are proportionate and necessary.”  The legislation should also shift the burden of proof in civil cases from the plaintiffs to the defendants once a prima facie case of discrimination has been made. Thus, the EU Race Directive anticipates exactly the kind of case the plaintiffs in the Ostrava case presented.  Under the provisions of the directive, the overwhelming pattern of disparate treatment of Roma demonstrated by the plaintiffs should shift the burden of proof from them to the Czech Government.  (Notably, the directive was not applicable to the Czech Republic at the time of the Constitutional Court’s decision.) While the European Court of Human Rights does not adjudicate compliance with or implementation of the EU Race Directive, the Court’s overall approach to the Ostrava case appears to lag behind the legal developments in the European Union and, potentially, render the European Court a less effective vehicle for addressing discrimination than other existing or emerging tools in Europe. Regional Issues and Trends On November 27, 2003, the OSCE Permanent Council adopted “Decision No. 566, Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area.”  In particular, that Action Plan calls on the participating States to “[e]nsure that national legislation includes adequate provisions banning racial segregation and discrimination in education and provides effective remedies for violations of such legislation.”  In addition, participating States were urged to: 73.  Develop and implement comprehensive school desegregation programmes aiming at:  (1) discontinuing the practice of systematically routing Roma children to special schools or classes (e.g., schools for mentally disabled persons, schools and classes exclusively designed for Roma and Sinti children); and  (2) transferring Roma children from special schools to mainstream schools. 74. Allocate financial resources for the transfer of the Roma children to mainstream education and for the development of school support programmes to ease the transition to mainstream education. Thus, all OSCE participating States, including the Czech Republic, have agreed, in principle, to the goal of integrating Roma in education and eradicating de facto segregated school where it may exist. In 2004, the European Roma Rights Center issued a report, Stigmata: Segregated Schooling of Roma in Central and Eastern Europe, examining the experiences of five countries (Bulgaria, the Czech Republic, Hungary, Romania, and Slovakia).  The report describes the most common ways of segregating Romani children from non-Roma: channeling Roma into “special schools” for children with developmental disabilities; the de facto segregation that goes hand-in-hand with existence of Romani ghettos; having mixed-population schools where Romani children are segregated into all-Romani classes; and the refusal of some local authorities to enroll Romani children in mainstream schools. The report concludes that, unfortunately, “with the exception of Hungary, concrete government action aimed at desegregating the school system has not been initiated to date.” In addition to the countries examined in Stigmata, the European Roma Rights Center has reported on unequal access to education for Roma in other countries, including Greece and Denmark.  In a 2004 Danish case, Roma were placed into separate classes in one particular locality.  Following complaints from a Romani non-governmental organization, the Danish Ministry of Education intervened to end this practice.  In the case of Greece, the Greek Helsinki Monitor has reported on several localities where Roma are denied equal access to schools.  These cases remain unresolved. In Hungary and Bulgaria, some efforts to litigate this issue have made their way into the courts, with mixed results. “Education is a prerequisite to the participation of Roma and Sinti people in the political, social and economic life of their respective countries on a footing of equality with others. Strong immediate measures in this field, particularly those that foster school attendance and combat illiteracy, should be assigned the highest priority both by decision-makers and by Roma and Sinti communities. Educational policies should aim to integrate Roma and Sinti people into mainstream education by providing full and equal access at all levels, while remaining sensitive to cultural differences.” - OSCE Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, 2003 In October 2004, the Budapest Metropolitan City Court of Appeals upheld a lower court decision ordering a primary school and the local government of Tiszatarjan to pay damages to nine Romani families whose children were wrongly placed in “special schools” between 1994 and 1999.  In June 2005, a court dismissed a case brought against the Miskolc Municipality alleging city-wide segregation.  A Hungarian non-governmental organization which assisted in filing the suit, Chance for Children Foundation, is appealing.  Other legal disputes continue to surround a self-proclaimed “private school” in Jaszladany (established at least in part with municipal resources).  A study commissioned by the Ministry of Education found the “private school” violated the law and contributed to racial segregation. Notwithstanding some recent government initiatives to address this problem in Hungary, desegregation initiatives have met resistance in significant quarters.  Former Prime Minister Victor Orban (who also heads of Hungary’s largest opposition party, FIDESZ), argued in a speech on January 29, 2006, that integrated schooling should not be mandatory, but left to local officials and parents to “choose” or reject.  In fact, the greatest resistance to integrated schooling often comes at the local level. In Bulgaria – where the government continues to deal with Roma through an office for “demographic issues” – efforts to address the causes of segregation have largely originated with the non-governmental community.  Particularly promising results have been achieved in Viden, where community-based efforts, supported by international non-governmental organizations, have resulted in integrating Roma and ethnic Bulgarian school children.  Efforts to replicate that program elsewhere, however, have not been embraced by the government. In addition, in a landmark holding, the Sofia District Court held on October 25, 2005, that the Bulgarian Ministry of Education, the Sofia Municipality and School Number 103 of Sofia violated the prohibition of racial segregation and unequal treatment provided in Bulgarian and international law.   In welcoming that ruling, the European Roma Rights Center declared, “After a period of 51 years, the soul of Brown v. Board of Education has crossed the Atlantic.”

  • Democracy Denied

    By Ronald J. McNamara, International Policy Director In 1992, Azerbaijan joined the Helsinki Process, unconditionally accepting all OSCE provisions back to the Helsinki Final Act, including the commitment “to build, consolidate and strengthen democracy as the only system of government of our nations.”  Consequently, the November 6, 2005 elections for the 125 single-member constituency seats in the parliament (Milli Majlis) – the first held under President Ilham Aliyev – provided an important opportunity for the Azerbaijani leadership to demonstrate its commitment to bringing the country’s election practices into closer conformity with OSCE standards.  Azerbaijani authorities, most prominently the President, had repeatedly proclaimed their intention to hold an election that would meet those norms.  The November 2005 elections were the fifth to be observed by the OSCE, following parliamentary contests in 1995 and 2000, and presidential elections in 1998 and 2003.  According to OSCE monitors, all of these elections have fallen short of international standards.  On election day, Ronald J. McNamara of the U.S. Helsinki Commission staff participated as one of 617 short-term observers deployed as part of the International Election Observation Mission (IEOM), a joint undertaking of the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR), the OSCE Parliamentary Assembly (OSCE PA), the Parliamentary Assembly of the Council of Europe (PACE), the European Parliament (EP) and the NATO Parliamentary Assembly (NATO PA).  The IEOM also included 30 long-term observers.  Helsinki Commissioner Rep. Alcee L. Hastings, President of the OSCE PA, was appointed by OSCE Chairman-in-Office as Special Coordinator to lead the short-term observers.  In all, Mission members observed the polling in over half of the country’s 5,053 polling stations and tabulation of results in 90 of 125 constituency election commissions. A Standard Still Not Met During the final days of the campaign in Baku, there was an air of guarded optimism among many international observers that the November 6th elections could meaningfully advance democratization, despite all the problems during the pre-election period.  Accordingly, a great deal hinged on what happened on election day itself, specifically the balloting and vote count. Unfortunately, despite a number of steps taken by authorities at the highest levels, including two presidential decrees, implementation fell short. On the positive side were the more inclusive registration of candidates, including controversial opposition leaders; free airtime on the state-funded media and televised debates; and exit polls.   Shortly before voting day, Baku also lifted its ban on the inking of voters’ fingers, and on domestic observers who received funding from foreign sources.  The Council of Europe and others had long been urging concessions on these fronts. At the same time, Azerbaijani authorities asserted tight control of all election commissions, including the Central Election Commission.  This was despite calls by the Council of Europe and the OSCE to make them more representative.  Other problems included undue restrictions on the ability of opposition parties to conduct rallies at desired venues, with disproportionate use of force by police against unsanctioned rallies; detentions and harassment of some opposition candidates; lack of uniformity in updating voter lists; and interference by local executive authorities in the election process with impunity.  The IEOM Statement of Preliminary Findings and Conclusions issued on November 7th noted, “While voting was generally calm, the election day process deteriorated progressively during the counting and, in particular, the tabulation of the votes.  The general atmosphere in the polling stations deteriorated sharply during the count.”  In a telling statistic, 43% of counts assessed by OSCE observers were either “bad or very bad,” with a high lack of confidence in the announced results.  Among the more serious violations observed were tampering with tabulation protocols, protocols completed with pencil, intimidation of observers and unauthorized persons directing the process.  Official protocols reporting the results were not posted, as required by law, in over half of the counts observed.  Violations were also observed in the tabulation process at the constituency electoral commissions.  Influenced by the serious violations observed, as well as problems during the pre-election period, the IEOM concluded, “The 6 November parliamentary elections did not meet a number of OSCE commitments and Council of Europe standards and commitments for democratic elections.”  Speaking at a crowded Baku press conference the day after the elections, OSCE Special Coordinator Rep. Hastings said, “It pains me to report that progress noted in the pre-election period was undermined by significant deficiencies in the count.” One Observer’s Perspective The experience of Ronald J. McNamara, International Policy Director of the U.S. Helsinki Commission, is indicative of much of what transpired in the Azeri elections: “My observations began on November 6 with the opening of a polling station at a university in downtown Baku, followed by other precincts in the capital and surrounding rural districts.  Throughout the day, at the dozen or so stations I visited, including two military bases, there were an impressive number of domestic observers, most affiliated with individual candidates or political parties.  In nearly every station I encountered voters whose names did not appear on the official voter list posted at each station, including one irate individual complaining that she had voted at the same school all her life but had been dropped from the roster.  Otherwise, the balloting generally proceeded smoothly.  “However, as someone once said, ‘It’s not the people who vote that count -- it’s the people who count the votes,’ and unfortunately, most of the officials I encountered on November 6 were the very same individuals who had administered Azerbaijan’s earlier flawed elections.  “The 7:00 p.m. poll closing was accompanied by a dramatic and tense turn of events at the polling station I observed when the precinct election commissioners began moving unused ballots and other materials to an office well beyond the sight of observers.  Amid shouting protests from the dozen or so domestic monitors, I reminded commissioners that all aspects of the closing and vote count were supposed to be conducted in full view of observers.  After a momentary pause, the ballots were retrieved and the count proceeded without further incident.  Aided by a low voter turnout – 30 percent at this particular polling station – the vote counting process moved along rapidly. “Ultimately, an independent candidate among the 21 people on the ballot won in the constituency.  Subsequently, however, the entire vote in the Binagadi constituency electoral district #9 was invalidated, as also happened in a handful of other districts.” The Aftermath Helsinki Commission Chairman Senator Sam Brownback expressed deep disappointment in the conduct of the elections, “We were hoping this election would mark a first step for democracy in Azerbaijan. Leading up to the election, the President of Azerbaijan made technical improvements designed to make the election as free and fair as possible. Unfortunately, the authorities who implemented the election did not pass the test.”  Similarly, Commission Co-Chairman, Rep. Chris Smith, said, “The high expectation that the elections would move democratization forward in Azerbaijan has, regretfully, not been realized.” Commission Ranking Member, Rep. Ben Cardin observed, “It is not at all clear where Azerbaijan goes from here, but I am not optimistic.” Considering the international community’s hopes and expectations for significant improvement, disappointment over the November 6 election was all the greater.  It is difficult to see in the conduct of the election any convincing evidence of meaningful progress – instead, the election and its aftermath resemble previous Azerbaijani elections, rather than signaling a significant opening toward greater democratization, including the holding of free and fair elections.   Since the election, the police have broken up, sometimes violently, opposition rallies.  While Azeri President Aliyev has been willing to engage with the West on the implementation of reforms so long as those reforms do not seriously threaten the status quo, it is clear that Azerbaijan’s leadership is determined to make sure that no “colored” revolution takes place such as those that took place in neighboring Georgia and Ukraine. A Final OSCE Report, presenting a comprehensive analysis of all observers’ findings and offering recommendations for further improvements is expected to be released shortly.

  • The Meaning of Egypt’s Elections and Their Relevance to the Middle East

    This briefing addressed the prospects for increased liberalization in Egypt and the Middle East in light of the recent Egyptian presidential election and in spite of its flaws. The Egyptian elections were provided as an example for one of the many steps on the long road to creating a true democracy, and the likelihood of the regime continuing down that path was a topic of discussion. Witnesses testifying at the briefing discussed the impact of the recent Egyptian presidential and forthcoming parliamentary elections on Egypt and the wider Middle East region. The importance of gains made by the opposition, despite some reports of irregularities and a low turnout, was particularly emphasized.

  • THE UNITED STATES AND THE OSCE: A PARTNERSHIP FOR ADVANCING FREEDOM

    This hearing focused on the relationship and the partnership the United States has with the OSCE and whether, through this partnership, the U.S.  foreign policy goals of advancing freedom are being achieved. Among the assessment of the relationship was whether the U.S. was utilizing the capabilities of the OSCE process to the fullest of its abilities. The Commissioners also reviewed whether a similar OSCE framework would be plausible for the African continent to focus on humanitarian development. The witness gave testimony of examples of the OSCE framework shaping the dialogue of free electoral processes, freedom of expression and religion, and protections of minority groups. The hearing touched on potential change of focus  to alleviate issues of terrorism in the OSCE mission.

  • American Agenda Moves Forward at the 14th Annual OSCE Parliamentary Assembly

    The 14th Annual Meeting of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly convened in Washington, DC, July 1-5, 2005. Speaker of the House, J. Dennis Hastert (R-IL), the host for this year’s Assembly, welcomed more than 260 parliamentarians from 51 OSCE participating States as they gathered to discuss various political, economic, and humanitarian issues under the theme, “30 Years since Helsinki: Challenges Ahead.”  Commission Chairman Senator Sam Brownback (R-KS) served as head of the U.S. Delegation, Co-Chairman Christopher H. Smith (R-NJ) was delegation vice-chairman.  Secretary of State Dr. Condoleezza Rice gave the inaugural address at the assembly’s opening session, thanking the members of the OSCE PA for their work toward “human rights, the rule of law, free and fair elections, and the development of transparent, accountable institutions of government across the OSCE community and around the globe. “As the Chairman-in-Office and Parliamentary Assembly take a fresh look at the OSCE agenda and consider these and other items, preserving the integrity of Helsinki principles and ensuring that the OSCE continues to be an agent of peaceful, democratic transformation should be paramount objectives,” Secretary Rice said. Chairman Brownback in plenary remarks underscored the rich history of the Helsinki Process, unwavering U.S. commitment to human rights and the dignity of the individual, and the dramatic advances made in Georgia, Ukraine, and Kyrgyzstan.  At the same time, he pointed to the remaining work to be done in the OSCE region and beyond to meet the promises made with the signing of the 1975 Helsinki Final Act.      Offering guidance to the body, OSCE PA President and Helsinki Commissioner Rep. Alcee L. Hastings (D-FL) reiterated the gathering’s theme:  “In this new Europe, and in this new world, the OSCE and the OSCE Parliamentary Assembly must stand ready to respond to new threats and challenges, and this means evolving and adapting to new realities.” Agenda and Issues Among the issues considered by the Assembly were recommendations for changes in the OSCE Code of Conduct for Mission Members, efforts to combat human trafficking, and calls for greater transparency and accountability in election procedures in keeping with OSCE commitments made by each of the 55 participating States. The First Committee on Political Affairs and Security met to discuss matters of terrorism and conflict resolution, including resolutions on the following topics: terrorism by suicide bombers the situation in Abkhazia, Georgia terrorism and human rights Moldova and the status of Transdniestria Under the chairmanship of Rep. Benjamin L. Cardin (D-MD), the Second Committee on Economic Affairs, Science, Technology and Environment moved on a number of issues, including resolutions and amendments on: small arms and light weapons maritime security and piracy the OSCE Mediterranean dimension money laundering the fight against corruption The Third Committee on Democracy, Human Rights and Humanitarian Questions tackled a number of resolutions, as well as two supplementary items brought by members of the U.S. Delegation.  Other topics addressed by the Committee included:         the need to strengthen the Code of Conduct for OSCE Mission Members combating trafficking in human beings improving the effectiveness of OSCE election observation activities The Assembly plenary met in consideration of the resolutions passed by the general committees as well as the following supplementary items: improving gender equality in the OSCE combating anti-Semitism Special side events were held in conjunction with the 5-day meeting, including a briefing on the status of detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, held by senior U.S. officials from the Departments of Defense and State.  Members of the U.S. Delegation also participated in the following organized events: Parliamentary responses to anti-Semitism Working breakfast on gender issues Mediterranean side meeting Panel discussion on the Nagorno-Karabakh conflict Human rights in Uzbekistan Meeting of the parliamentary team on Moldova In addition, while participating in the Assembly, members of the U.S. Delegation held bilateral meetings with fellow parliamentarians from Azerbaijan, Georgia, Kazakhstan, and Turkmenistan.  They also had formal discussions with the newly appointed OSCE Secretary General Marc Perrin de Brichambaut. Key U.S. Initiatives The successful adoption of a number of supplementary items and amendments to the Assembly’s Washington Declaration illustrated the extent of the activity of the members of the U.S. Delegation in the three Assembly committees.  The delegation met success in advancing its initiatives in human trafficking, election observation activities, and religious freedom. As a result, the Washington Declaration reflects significant input based on U.S. initiatives. In the General Committee on Democracy, Human Rights and Humanitarian Questions, Senator Voinovich (R-OH) sponsored, and successfully passed, a supplementary item on funding for the Office for Democratic Institutions and Human Rights (ODIHR) to allow it to continue its missions and responsibilities. Speaking on the passage of his resolution on combating trafficking at the hands of international peacekeepers, Co-Chairman Smith said, “In the past, the lack of appropriate codes of conduct for international personnel, including military service members, contractors, and international organization’s employees, limited the ability to counter sexual exploitation and trafficking.  That is finally changing.” The U.S. Delegation also overwhelmingly defeated text offered by the Russian Delegation that would have weakened the ability of ODIHR to effectively perform election observations.  Co-Chairman Smith, principal sponsor of the amendments that served to frustrate the Russian resolution, praised the OSCE Parliamentary Assembly saying, “The Parliamentary Assembly has reaffirmed the central and historic leadership role of the OSCE’s Office of Democratic Institutions and Human Rights in monitoring elections….Parliamentarians from the participating States have soundly rejected the ploy to weaken OSCE election standards, holding participating States accountable when they fail to fulfill their OSCE election commitments.” On the issue of religious freedom, the U.S. Delegation carried through two amendments to the final Assembly declaration. “I am very pleased that these amendments passed,” said Co-Chairman Smith, who offered the amendments to the draft resolution.  “However, the fact that the first amendment passed by only 10 votes underscores the continuing challenge in the fight for religious liberties in the OSCE region.  The fact that parliamentarians are willing to discriminate against minority religious communities is sobering.” In addition, an amendment brought by Del. Eleanor Holmes-Norton (D-DC) that calls on the U.S. Congress to grant voting rights for residents of the District of Columbia secured passage. Leadership Positions Commissioner Hastings was re-elected unanimously to another one-year term as the President of the OSCE Parliamentary Assembly.  Joining the U.S. leadership on the Parliamentary Assembly, Commissioner Benjamin L. Cardin was also re-elected Chairman of the General on Economic Affairs, Science, Technology and Environment by unanimous decision.  Commission Co-Chairman Christopher H. Smith continues in his role as Special Representative on Human Trafficking to the OSCE PA.  Additionally, Rep. Hoyer chaired the Ad Hoc Committee on Transparency and Accountability, which works to foster greater response from the governments of participating States to Assembly initiatives. The close of the Assembly was marked with the adoption of the Washington Declaration and concluding remarks by OSCE PA President Hastings. The Parliamentary Assembly will meet again next year, July 3-7, in Brussels, Belgium. U.S. Delegation to 14th Annual OSCE Parliamentary Assembly: Commission Chairman Sen. Sam Brownback (R-KS) Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) Sen. George Voinovich (R-OH) Rep. Steny H. Hoyer (D-MD) Rep. Louise McIntosh Slaughter (D-NY) Rep. Alcee L. Hastings (D-FL) Rep. Robert Aderholt (R-AL) Rep. Mike McIntyre (D-NC) Rep. Joseph R. Pitts (R-PA) Rep. Mike Pence (R-IN) Del. Eleanor Holmes Norton (D-DC)

  • Progress and Challenges: The OSCE Tackles Anti-Semitism and Intolerance

    By Ron McNamara, International Policy Director & Knox Thames, Counsel The OSCE Conference on Anti-Semitism and on Other Forms of Intolerance convened in Córdoba, Spain, from June 8-9, 2005. The conference, the third since the Helsinki Commission’s 2002 groundbreaking hearing on “Escalating Anti-Semitic Violence in Europe,” was well attended with many participating States represented by senior-level officials.  New York Governor George E. Pataki headed the U.S. Delegation. Specific sessions were held on: Fighting anti-Semitism and other forms of discrimination, and promoting tolerance - from recommendations to implementation; Anti-Semitism and the media; Education on the Holocaust and on anti-Semitism; Responding to anti-Semitic and hate-motivated crimes; Fighting intolerance and discrimination against Muslims; Fighting intolerance and discrimination against Christians and members of other religions; and, Fighting racism, xenophobia and other forms of intolerance and discrimination. Specialized workshops were focused on: Anti-Semitism and the Media; Implementation of OCDE Office for Democratic Institutions and Human Rights’ (ODIHR) Taskings in the Field of Tolerance and Non-Discrimination; Promoting Tolerance and Ensuring Rights of Religion and Belief; and Combating Racism and Discrimination against Roma and Sinti. Side events were organized to address:  Education on the Holocaust and anti-Semitism; Combating hate speech online in the OSCE framework; Anti-Semitism and satellite television; Teaching the Holocaust and the History of Anti-Semitism in Catholic Schools: Promoting Tolerance and Interfaith Understanding; Why Should We Work Together? The ODIHR’s Law Enforcement Officer Training Program for Combating Hate Crimes; The role of Parliaments in Combating Anti-Semitism; The Anti-Semitism/terrorism Nexus, Hate sites on the Internet; and Discrimination, Hate crimes and Intolerance on the grounds of homophobia. The Conference was preceded by a one-day NGO Forum hosted by the Three Cultures Foundation on June 7, 2005 in Seville.  The opening session included presentations by Professors Gert Weisskirchen and Anastasia Crickley and Ambassador Omur Orhun, who are the three Personal Representatives of the outgoing OSCE Chair-in-Office, Slovene Foreign Minister Dimitrij Rupel.   There was also a video presentation by U.S. Helsinki Commission Chairman Senator Sam Brownback [available here]. The Córdoba Conference was the product of intense negotiations following last year’s Berlin Conference and the adoption of a number of specific commitments by OSCE countries aimed at stemming the tide of anti-Semitism and related violence.  Numerous participating States had actively resisted the convening of a meeting exclusively focused on anti-Semitism and instead argued in favor of a “holistic” approach to tolerance issues.  As OSCE Chair-in-Office (CiO) Dimitrij Rupel put it, “I also hope that Córdoba, and after Córdoba, a truly holistic approach to combat all forms of discrimination and intolerance will prevail, as this is the most effective way to address this issue.” While supporting a broader approach, others, including the U.S. Helsinki Commissioners, voiced concern that the focus on anti-Semitism as a unique form of intolerance not be lost, especially given the dimensions of the Holocaust and European history. Most participating States used the Córdoba Conference to reiterate their commitment to combating anti-Semitism and other forms of intolerance.  Disappointingly few, however, cited concrete steps they are undertaking to implement existing OSCE commitments.  One of the few exceptions was the Solicitor General of the United Kingdom, who reported on the evolution of anti-hate legislation in his country and a new law being considered by Parliament to address anti-religious bigotry.  The Italian and Polish delegations also noted some tangible progress. CiO Rupel reported on initiatives undertaken by the OSCE to improve implementation of commitments made in Berlin.  He also warned that “we must be vigilant against discrimination and show no tolerance for intolerance,” a theme repeated by numerous subsequent speakers. U.S. Helsinki Commissioner Alcee L. Hastings addressed the Córdoba Conference in his capacity as President of the OSCE Parliamentary Assembly.  Hastings reminded participants of the role of parliamentarians, including members of the Helsinki Commission, in ensuring that the issue of anti-Semitism and related violence were given priority in the OSCE framework. The most tangible results to come out of the Córdoba Conference was the Córdoba Declaration, as well as reports presented by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on “Combating Hate Crimes in the OSCE Region” and “Education on the Holocaust and on Anti-Semitism.”  The declaration recognized that some forms of intolerance need proper definition, and reiterated the Berlin Declaration’s  acknowledgement that “international developments or political issues, including in Israel or elsewhere in the Middle East, never justify anti-Semitism.” According to the ODIHR reports, 13 participating States have not provided any information on statistics, legislation and national initiatives relating to hate crimes.  Of the 42 participating States that have responded, only 29 countries have provided information and statistics on hate crimes and violent manifestations of racism, xenophobia, anti-Semitism, and intolerance.  The quality of information varied widely – one country’s statistical submission consisted of a single sentence. Beyond implementation issues and concerns, three outstanding questions remain to be resolved: Will the OSCE maintain a distinct focus on anti-Semitism or will the issue be folded into a more generic tolerance rubric? Will the current mandates for the three personal representatives be extended? What form will future follow-up, including the possible location of future conferences, on tolerance-related matters take? There is also some concern that the Personal Representatives of the Chair-in-Office have been hampered in undertaking their tasks, and have been hamstrung by limitations that have been imposed on their activities.  It is also unclear whether the newly incoming Chair-in-Office will reappoint the three representatives or, if so, if he will maintain their distinct portfolios. Discussions in Córdoba did little to narrow differences on these points.  The United States has been among the few stalwarts committed to sustaining a particular focus on anti-Semitism.   At the same time, a growing number of countries prefer a “holistic” approach, where distinct issues are discussed under a generic theme. Governor Pataki in closing remarks stressed the need to move beyond words: “We have all given our speeches in the best prose we can muster, but there is more to combating anti-Semitism and intolerance than mere speeches.”  He urged that future follow-up focus on implementation; endorsed the reappointment of the three Personal Representatives under their existing titles; called for preserving a distinct focus on anti-Semitism; supported continuing efforts to combat intolerance and discrimination against Muslims, Christians, and other faiths; and urged further institutionalization of tolerance and non-discrimination work.  Pataki concluded, “We can talk, we can coordinate through the OSCE, but the primary responsibility ultimately rests with the participating States.”      U.S. DELEGATION Governor George E. Pataki, Head of U.S. Delegation Hon. Jennette Bradley, Treasurer, State of Ohio The Most Rev. Charles J. Chaput, Archbishop of Denver and Commissioner, U.S. Commission on International Religious Freedom Sander Ross Gerber, Chairman and CEO of the XTF Group and President of the Gerber Capital Management Group Rabbi Marvin Hier, dean and founder, Simon Wiesenthal Center Kamal Nawash, founder, Free Muslims Coalition Rabbi David Zwiebel, Executive Vice President for Government and Public Affairs, Agudath Israel of America

  • Meeting the Demographic Challenge and the Impact of Migration

    By Erika Schlager, Commission Counsel for International Law The thirteenth meeting of the Economic Forum of the Organization for Security and Cooperation in Europe convened in Prague, the Czech Republic, from May 23-27, 2005.  This year, Forum participants from 52 of the 55 OSCE participating States met under the broad theme of “Demographic Trends, Migration and Integrating Persons belonging to National Minorities:  Ensuring Security and Sustainable Development in the OSCE Area.” [1] Stephan Minikes, U.S. Ambassador to the OSCE, summarized the factors that drove the meeting’s focus on demographic, migration and related population issues: “Given current demographic trends in much of the OSCE space, an increasing number of states will have to deal with migration on a larger scale.  In many countries, the decline in workforce due to aging and shrinking populations cannot be arrested or reversed quickly enough through increased fertility.  To maintain quality of life, sustainable development and support pension schemes, many countries will have to open their labor markets, and quickly.  Inviting immigrants will force states not only to integrate them, but also to evaluate their immigration policies . . . .” The Economic Forum, replicating what has been a growing trans-Atlantic public debate, gave particular attention to efforts to increase birthrates and to enhance migration from other regions that – for now – are experiencing population growth (at least relative to job availability). With respect to the goal of increasing the birthrate, no single policy prescription emerged from the discussions.  The Norwegian delegation described grass-roots driven policy changes that contributed to raising the birth rate in Norway – although it was only raised to 1.8 percent, still below replacement levels.  A number of other speakers highlighted the need to develop policies to help women juggle both careers and parenting.  In closing remarks, the U.S. delegation observed, “[w]hile we do not dispute this need, we believe that it is equally critical to keep in mind the parenting role of men as well.” Conspicuously absent from the discussion was consideration of data on ethnic groups within countries.  In several countries, for example, the demographic trend in the Romani minority differs from the ethnic majority: Romani communities often have a higher birth rate, shorter life-span and higher infant mortality.  Nevertheless, although there is a Europe-wide demographic crisis, a few public officials in several countries, perhaps reflecting widespread social antagonisms toward the Romani community, argued for targeted programs to reduce the Romani birth rate. In the discussion of migration trends, the economic and environmental factors that lead people to migrate were examined, as well as the implications of such migrations for both the countries that send and receive migrant populations.  A few countries, including Albania, Armenia and Tajikistan, spoke from the perspective of a sending country, touching on both the positive (e.g., remittances) and negative (e.g., brain drain) aspects of population outflows. Other sessions of the Prague Forum addressed population developments, including: Environment and migration; Providing services for migrants; Awareness raising and economic integration in countries of destination; Economic and social integration of national minorities; and Principles of integration of national minorities. Four side events were held concurrently with the working sessions.  They were: Migration and economic development of the sending countries (an event held with the OSCE Mediterranean Partners for Cooperation); Implementing the Roma and Sinti Action Plan (economic and social aspects); The OSCE’s Anti-trafficking Program; and The Labor Migration Project in Armenia. In his closing remarks, a representative of the Slovenian Chair-in-Office (CIO) noted a few suggestions that might serve as the basis for further OSCE work, including: Developing an action plan on migration issues; Formulating a statement of principles that might be adopted at the OSCE Ministerial in December; Developing a handbook on managing migration;  and, Establishing an advisory group on migration issues under the umbrella of the OSCE  Economic and Environmental Activities Coordinator.  The CIO representative noted that some of the recommendations went beyond the OSCE’s framework and mandate.  In addition, during the discussions, a few countries (notably Turkey and France) noted that some speakers had advocated policy approaches that would not be acceptable to their capitals.  Accordingly, it remains to be determined whether a consensus will be established for moving forward on any of these specific suggestions. 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. U.S. DELEGATION: Stephan M. Minikes, U.S. Ambassador to the OSCE Susan F. Martin, Professor at Georgetown University and Executive Director of the Institute for             the Study of International Migration at Georgetown University Ellen Thrasher, Associate Administrator, U.S. Small Business Administration Katherine A. Brucher, Deputy Political Counselor, U.S. Mission to the OSCE Robert Carlson, Political Officer, U.S. Mission to the OSCE Susan Archer, OSCE Desk Officer, U.S. Department of State Erika Schlager, Counsel for International Law, Commission on Security and Cooperation in Europe  [1] (The three countries which had no representation during the course of the week were Andorra, Macedonia and Uzbekistan.)

  • The Iran Crisis: A Transatlantic Response

    Commissioners Brownback, Smith, and Cardin held this hearing that focused on the deteriorating human rights situation in Iran, and how the U.S. and Europe together could help address this predicament. More specifically, under President Mahmoud Ahmadinejad, Iran did everything in its power to crush dissent, resorting in every form of persecution, including execution. The relevance to the OSCE regarding the situation in Iran lies in the fact that Iran borders multiple OSCE participating states. Likewise, events in Iran, which is a rather large country, have a direct bearing on the broader Middle East and beyond. 

  • OSCE Anti-Trafficking Commitments

    The OSCE's "Action Plan to Combat Trafficking in Human Beings" intends to provide participating States with a comprehensive toolkit to help them implement their commitments to combating THB. It aims to provide participating States with a follow-up mechanism, which will also promote co-ordination between individual participating States, both within the OSCE structures and with other international organizations. The Action Plan adopts a multidimensional approach to combating trafficking in human beings. It addresses the problem comprehensively, covering protection of victims, the prevention of THB and the prosecution of those who facilitate or commit the crime. It provides recommendations as to how participating States and relevant OSCE institutions, bodies and field operations may best deal with political, economic, legal, law enforcement, educational and other aspects of the problem. The Action Plan is further intended to assist participating States in employing these tools by drawing upon existing regional experience gained through the implementation of such concrete initiatives and measures as those undertaken by the Stability Pact Task Force on Trafficking in Human Beings in South Eastern Europe. A comprehensive approach to trafficking in human beings requires a focus on bringing to justice those responsible for this crime, and on carrying out effective measures to prevent it, while maintaining a humanitarian and compassionate approach in rendering assistance to its victims.

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