Cardin, Rubio Introduce Syrian War Crimes Accountability Act of 2014Friday, April 04, 2014
WASHINGTON - U.S. Senators Ben Cardin (D-Md.) and Marco Rubio (R-Fla.), both members of the Senate Foreign Relations Committee, have introduced the Syrian War Crimes Accountability Act of 2014, legislation establishing a Syria-specific standard of reporting and accountability for crimes against humanity. The bill would require the U.S. State Department to report to relevant congressional committees on war crimes and crimes against humanity committed in Syria. This would include an account of war crimes and crimes against humanity committed by both the regime of President Bashar al-Assad and violent extremist groups and other combatants involved in the conflict. The report also requires a description of U.S. government efforts to ensure accountability for human rights violations in Syria. Senator Tim Kaine (D-Va.), also a member of the Senate Foreign Relations Committee, is an original cosponsor of the legislation. “The war tactics employed in Syria by both government and opposition forces fly in the face of the rules of war. The United States cannot stand idly by and allow the gross violation of human rights in Syria to go unchallenged,” said Senator Cardin, “This legislation sends a strong message to the international community that the United States remains firmly committed to bringing all perpetrators of international crimes in Syria to justice. Shedding light on the atrocities in Syria is critical to bringing human rights abusers to justice.” “For far too long the Assad regime and violent extremists in Syria have committed horrific human rights violations at the expense of millions of innocent Syrians,” said Senator Rubio. “These brutal crimes against civilians are appalling. The perpetrators deserve to be brought to justice, and this bill is a first step towards ensuring those responsible for human rights abuses are held accountable.” After 3 years, the violence in Syria continues unabated and according to the most recent report of the United Nation's Independent International Commission of Inquiry on the Syrian Arab republic, the conflict “has reached new levels of brutality.” UNICEF has reported that Syria is among the most dangerous places on Earth to be a child, pointing to high child casualty rates, brutalizing and traumatic violence, deteriorated access to education, and health concerns. The number of children suffering in Syria more than doubled in the third year of the conflict. The Syrian War Crimes Accountability Act of 2014 requires the Department of State to report on State and USAID efforts to ensure accountability for violations of internationally recognized human rights and crimes against humanity perpetrated against the people of Syria during the conflict. Specifically, the legislation: Condemns the ongoing violence and human rights abuses by the Syrian regime, as well as violent extremist groups and other combatants involved in the Syrian civil war. Expresses support for the people of Syria seeking democratic change. Urges all parties to the conflict to immediately halt indiscriminate attacks on civilians. Calls on the President to support Syrian and International Community efforts to ensure accountability for war crimes and crimes against humanity committed during the conflict. Calls for a UN Security Council investigation into those crimes. Requires the Secretary of State to produce a report which: Describes the violations of internationally recognized human rights and crimes against humanity perpetrated during the civil war in Syria, as well as the weapons used for those crimes, and—where possible—the origins of those weapons. Describes efforts by the State Department and USAID to ensure accountability for those crimes, including training activities, a strategy and implementation efforts.
The Dog Barks, but the Caravan Moves On: Highs and Lows in U.S.-Russia RelationsThursday, March 27, 2014
This briefing addressed the state of the relationship between the United States and Russia and the need for continued cooperation across a range of vital interests. A number of questions were posed, including the following: Is the chill in relations deja vu all over again or a new and different break? Are bilateral relations doomed to perpetual confrontation? What are reasonable expectations for the future of the U.S.-Russia relationship? Witnesses testifying at the briefing – including James W. Warhola, Chairman of University of Maine’s Department of Political Science and Matthew Rojansky, Director of the Kennan Institute at the Wilson Center for International Scholars – sought to provide answers to these questions. Some suggestions for improving relations between the two countries given the relevant circumstances included maintaining open lines of communication, defining mutual interests, and responding to Russian action in Crimea through economic means.
Resolving Crises in East Asia Through a New System of Collective Security: The Helsinki Process as a ModelWednesday, December 11, 2013
This hearing discussed the possibility of establishing an organization in East Asia similar to the OSCE, in order to increase cooperation and improve regional security. Witnesses cited curbing North Korea’s nuclear ambitions, which have been condemned by Japan, China and South Korea, as a primary goal for such an organization. Witnesses also suggested that an OSCE-like mechanism could be used to mediate air security zone disagreements and regional maritime issues.
Helsinki Commission Welcomes Unveiling of Berlin Memorial for Romani Genocide VictimsWednesday, November 21, 2012
On October 24, more than 600 people in Berlin attended the unveiling of the Memorial for the Sinti¹ and Roma of Europe Murdered under National Socialism. Leaders of the Helsinki Commission, who had underscored the importance of the monument, welcomed the event. Rep. Chris Smith (NJ-04), Chairman of the U.S. Helsinki Commission, observed that the memorial “marks an important step in acknowledging and teaching about the fate of Roma at the hands of the Nazi regime and the Axis powers: persecution, confiscation of property, forced sterilization, slave labor, inhumane medical experimentation, and ultimately genocide.” Proposals to erect a memorial to the Romani victims of genocide emerged in the early 1990s after the unification of the Federal Republic of Germany and German Democratic Republic and at a time when German acknowledgement and remembrance took on additional dimensions. Those efforts, however, bogged down over questions regarding the location of the proposed memorial and the content of inscriptions. (Concerns raised by the artist over materials and weather-related construction complications also contributed to interruptions.) German government officials also suggested some delays were caused by differing views among Romani groups, particularly regarding the inscriptions; some critics of the delays suggested there was an insufficient sense of ownership and political will on the part of the government. Senator Ben Cardin (MD), Co-Chairman of the Commission, noted the singular role of Romani Rose, Chairman of the Central Council of German Sinti and Roma, and “his tireless work to ensure that Romani victims of genocide are remembered and honored.” Rose, who lost his grandparents at Auschwitz and Ravensbrueck, was a driving force to see the memorial completed. Cardin added, “I am deeply heartened that efforts to build this memorial, underway for over a decade, have finally been realized.” German government officials at the most senior level attended the unveiling of the genocide memorial, including Chancellor Angela Merkel, President Joachim Gauck, Bundestag President Norbert Lammert, Bundesrat President Horst Seehofer, and Berlin Mayor Klaus Wowereit. Former President Richard von Weizsacker, in spite of advanced years and frail health, was also present. Federal Minister of Culture Bernd Neumann described the memorial “a pillar of German remembrance.” U.S. Ambassador to Germany Patrick Murphy and Special Envoy for Holocaust Issues Douglas Davidson represented the United States. Dr. Ethel Brooks, who has served as a public member with the U.S. Delegation to the 2011 and 2012 OSCE Human Dimension Implementation Meetings, also attended the ceremony. The memorial, designed by Israeli artist Dani Karavan, was widely hailed as a deeply moving testimony to the genocide of Romani people. Dutch Sinto survivor Zoni Weiss addressed the hundreds of people who attended the event. As a 7-year-old, Weiss narrowly avoided being placed on the Westerbork transport from the Netherlands due to the intervention of platform policeman, but watched as his immediate family was sent to Auschwitz where they perished. The unveiling ceremony was also accompanied by a week of events in Berlin focused on Romani history, culture and contemporary issues. Gert Weisskirchen, former German Member of the Budestag and former OSCE Personal Representative on Anti-Semitism, organized a round-table focused on contemporary challenges faced by Roma. In her remarks at the event, Chancellor Merkel also acknowledged the on-going struggle for human rights faced by Roma throughout Europe, saying bluntly, “let’s not beat around the bush. Sinti and Roma suffer today from discrimination and exclusion.” Romani Rose warned more pointedly, “In Germany and in Europe, there is a new and increasingly violent racism against Sinti and Roma. This racism is supported not just by far-right parties and groups; it finds more and more backing in the middle of society.” Background The Nazis targeted Roma for extermination. Persecution began in the 1920s, and included race-based denial of the right to vote, selection for forced sterilization, loss of citizenship on the basis of race, and incarceration in work or concentration camps. The most notorious sites where Roma were murdered include Auschwitz in Nazi-occupied Poland, the Jasenovac camp in the so-called Independent State of Croatia, Romanian-occupied Transnistria, and Babi-Yar in Nazi-occupied Ukraine. In other parts of German occupied or German-allied territory, Roma were frequently killed by special SS squads or even regular army units or police, often left in mass graves. Many scholars estimate that 500,000 Roma were killed during is World War II, although scholarship on the genocide of Roma remains in its infancy and many important archives have only become available to a broader community of researchers since the fall of communism. In recent years, for example, Father Patrick Desbois has helped document the location of 800 WWII-mass graves in Ukraine and elsewhere in the former Soviet Union, including 48 mass graves of Roma. German postwar restitution legislation and its implementation effectively excluded almost all Romani survivors. Those most directly responsible for actions against Roma escaped investigation, prosecution and conviction. Several officials responsible for the deportations of Roma before and during the war continued to have responsibility for Romani affairs after the war. In 1979, the West German Federal Parliament acknowledged the Nazi persecution of Roma as being racially motivated. In 1982, Chancellor Helmut Schmidt recognized that the National Socialist persecution of Romani people constituted genocide. The first German trial decision to take legal cognizance that Roma were genocide victims during the Third Reich was handed down in 1991. In 1997, Federal President Roman Herzog opened a Documentation and Cultural Center of German Sinti and Roma, saying “The genocide of the Sinti and Roma was carried out from the same motive of racial hatred, with the same intent and the same desire for planned and final annihilation as that of the Jews. They were systematically murdered in whole families, from the small child to the old man, throughout the sphere of influence of the Nazis.” At the 2007 OSCE Human Dimension Implementation Meeting, Thommas Hammarberg, Council of Europe Commissioner for Human Rights, observed that, “[e]ven after the [ . . . ] Nazi killing of at least half a million Roma, probably 700,000 or more, there was no genuine change of attitude among the majority population towards the Roma.”
Prerequisites for Progress in Northern IrelandWednesday, March 21, 2012
This hearing assessed the progress towards peace made in Northern Ireland and discussed ways to ensure the sustainability of the peace. Witnesses condemned the British government for backtracking on the Good Friday Agreement, as well as the United States for not putting enough pressure on Great Britain. Witnesses identified the murder of human rights lawyer Patrick Finucane, whose widow Geraldine was in attendance, as an obstacle to peace.
Healing the Wounds of Conflict and Disaster: Clarifying the Fate of Missing Persons in the OSCE AreaTuesday, February 28, 2012
The hearing examined efforts by governments and their partners in clarifying the fate of persons missing within a number of OSCE participating States and partner countries, especially in the western Balkans and northern Caucasus. The hearing also appraised the adequacy of assistance to governments and other entities engaged in locating missing persons, the obstacles that impede progress in some areas, as well as how rule of law mechanisms help governments fulfill their obligations to the affected families and society in clarifying the fate of missing persons. Currently, over a million persons are reported missing from wars and violations of human rights. In addition, there are thousands of reported cases a year of persons missing from trafficking, drug-related violence, and other causes. Locating and identifying persons missing as a result of conflicts, trafficking in humans and human rights violations and other causes remains a global challenge, with significant impact within the OSCE area.
Conflicts in the Caucasus: Prospects for ResolutionsWednesday, December 07, 2011
Representative Michael Burgess led this briefing on the conflictual history in the Caucasus. Twenty years after the disappearance of the Soviet Union, the unresolved conflicts in the Caucasus remain one of its most problematic legacies. Despite the Organization for Security and Cooperation in Europe’s (OSCE) long mediation in the dispute over Nagorno-Karabakh, the results have been disappointing. After the 2008 Russia-Georgia war and Moscow’s subsequent recognition of the independence of Abkhazia and South Ossetia, the prospects for settling those conflicts seem more remote than ever. The witnesses examined where these conflicts stood at the end of 2011, what factors impeded a settlement, whether the resumption of armed hostilities was a serious threat, whether changes in the negotiating format could yield a better outcome, and what, if anything, could the United States do to facilitate a resolution.
From Arab Spring to Coptic Winter: Sectarian Violence and the Struggle for Democratic Transition in EgyptTuesday, November 15, 2011
On Sunday, October 9, 2011, 25 people were killed and more than 300 injured when the Egyptian military attacked a peaceful group of Coptic Christians protesting the burning of a church in Aswan. In what has been deemed the “Massacre at Maspero,” referring to the location of the demonstration, witnesses say the army fired on the demonstrators with live ammunition and plowed into the crowd with armored vehicles. The military denied the use of live ammunition and claimed that their soldiers were attacked by an armed mob. The military has arrested at least 28 people, almost all Copts, including prominent blogger Alaa Abdel Fattah, and brought them before military prosecutors. The hearing focused on violence perpetrated against the Coptic Christians in Egypt, the implications of the events for that community and the current Egyptian leadership, and prospects for the consolidation of democracy in Egypt.
Senator Cardin’s Response to Rep. King’s U.S. Anti-Muslim HearingsTuesday, March 15, 2011
Mr. President, I rise today to share my thoughts on the hearings held last week in the House of Representatives called "The Extent of Radicalization in the American Muslim Community and that Community's Response." Congressional hearings are supposed to serve as an important role of oversight, investigation, or education, among other purposes. However, this particular hearing--billed as the first of a series--served only to fan flames of fear and division. My first concern is the title of the hearing--targeting one community. That is wrong. Each of us has a responsibility to speak out when communities are unfairly targeted. In 1975, the United States joined all the countries of Europe and established the Conference on Security and Cooperation in Europe, now known as the OSCE. The Congress created the U.S. Helsinki Commission to monitor U.S. participation and compliance with these commitments. The OSCE contains commitments in three areas or baskets: security, economics, and human rights. Best known for its human rights advancements, the OSCE has been aggressive in advancing these commitments in each of the OSCE states. The OSCE stands for religious freedom and protection of minority rights. I am the Senate chair of the U.S. Helsinki Commission. In that capacity, I have raised human rights issues in other countries, such as in France when, in the name of national security, the Parliament banned burqas and wearing of all religious articles or when the Swiss restricted the building of mosques or minarets. These policies were restrictive not only to the religious practice of Muslims but also Christians, Jews, and others who would seek to wear religious symbols and practice their religion as they saw fit. I have also raised human rights issues in the United States when we were out of compliance with our Helsinki commitments. In that spirit, I find it necessary to speak out against the congressional hearing chaired by Congressman Peter King. Rather than constructively using the power of Congress to explore how we as a nation can use all of the tools at our disposal to prevent future terrorist attacks and defeat those individuals and groups who want to do us harm, this spectacle crossed the line and chipped away at the religious freedoms and civil liberties we hold so dearly. Radicalization may be the appropriate subject of a congressional hearing but not when it is limited to one religion. When that is done, it sends the wrong message to the public and casts a religion with unfounded suspicions. Congressman King's hearing is part of a disturbing trend to demonize Muslims taking place in our country and abroad. Instead, we need to engage the Muslim community in the United States. A cookie-cutter approach to profile what a terrorist looks like will not work. As FBI Director Mueller recently testified to the Senate: “... During the past year, the threat from radicalization has evolved. A number of disruptions occurred involving extremists from a diverse set of backgrounds, geographic locations, life experiences, and motivating factors that propelled them along their separate radicalization pathways.” Let us remember that a number of terrorist attacks have been prevented or disrupted due to informants from the Muslim community who contacted law enforcement officials. I commend Attorney General Holder and FBI Director Mueller for increasing their outreach to the Arab-American community. As Attorney General Holder said: “Let us not forget it was a Muslim-American who first alerted the New York police to a smoking car in Times Square. And his vigilance likely helped to save lives. He did his part to avert tragedy, just as millions of other Arab-Americans are doing their parts and proudly fulfilling the responsibility of citizenship.” We need to encourage this type of cooperation between our government and law enforcement agencies in the Muslim community. As the threat from al-Qaida changes and evolves over time, the piece of the puzzle is even more important to get right. FBI Director Mueller testified before the House recently that: At every opportunity I have, I reaffirm the fact that 99.9 percent of Muslim-Americans, Sikh-Americans, and Arab-Americans are every bit as patriotic as anyone else in this room, and that many of the anti-terrorism cases are a result of the cooperation from the Muslim community and the United States. As leaders in Congress, we must live up to our Nation's highest ideals and protect civil liberties, even in wartime when they are most challenged. The 9/11 Commission summed up this well when they wrote: The terrorists have used our open society against us. In wartime, government calls for greater powers, and then the need for those powers recedes after the war ends. This struggle will go on. Therefore, while protecting our homeland, Americans must be mindful of threats to vital personal and civil liberties. This balancing is no easy task, but we must constantly strive to keep it right. I agree with Attorney General Holder's recent speech to the Arab-American Anti-Discrimination Committee, where he stated: “In this Nation, our many faiths, origins, and appearances must bind us together, not break us apart. In this Nation, the document that sets forth the supreme law of the land--the Constitution--is meant to empower, not exclude. And in this Nation, security and liberty are--at their best--partners, not enemies, in ensuring safety and opportunity for all.” Actions, such as the hearing held last week, that pit us against one another based on our religious beliefs, weaken our country and its freedoms and ultimately do nothing to make our country any safer. Hearings such as the one held last week only serve as a distraction from our real goals and provide fuel for those who are looking for excuses to find fault or blame in our way of life. Let's not go the way of other countries but instead hold dear the protections in our Constitution that safeguard the individual's right to freely practice their religion and forbid a religious test to hold public office in the United States. Our country's strength lies in its diversity and our ability to have strongly held beliefs and differences of opinion, while being able to speak freely and not fear the government will imprison us for criticizing the government or holding a religious belief that is not shared by the majority of Americans. On September 11, 2001, our country was attacked by terrorists in a way we thought impossible. Thousands of innocent men, women, and children of all races, religions, and backgrounds were murdered. As the 10-year anniversary of these attacks draws closer, we continue to hold these innocent victims in our thoughts and prayers, and we will continue to fight terrorism and bring terrorists to justice. After that attack, I went back to my congressional district in Maryland at that time and made three visits as a Congressman. First I visited a synagogue and prayed with the community. Then I visited a mosque and prayed with the community. Then I went to a church and prayed with the community. My message was clear on that day: We all needed to join together as a nation to condemn the terrorist attacks and to take all necessary measures to eliminate safe havens for terrorists and bring them to justice. We all stood together on that day regardless of our background or personal beliefs. But my other message was equally important: We cannot allow the events of September 11 to demonize a particular community, religion, or creed. Such actions of McCarthyism harken back to darker days in our history. National security concerns were used inappropriately and led to 120,000 Japanese-Americans being stripped of their property and rights and placed in internment camps in 1942, though not a single act of espionage was ever established. The United States should not carry out a crusade against any particular religion as a response to 9/11 or other terrorist attacks. The United States will not tolerate hate crimes against any group, regardless of their religion or ethnicity, and we should not allow our institutions, including Congress, to be used to foment intolerance and injustice. Let's come together as a nation and move forward in a more constructive and hopeful manner.
OSCE 2010 Informal Ministerial: Kazakhstan Persistence Earns a Summit in AstanaMonday, November 01, 2010
By Winsome Packer Policy Advisor Kazakhstan hosted its long-sought OSCE Informal Ministerial in Almaty July 16-17, 2010, the realization of a key aim of its Chairmanship. A second important objective of the Kazakh Chairmanship: a summit on Kazakh soil during 2010, came closer to realization during the meeting. An Astana Summit would be the OSCE’s first since the 1999 Istanbul Summit, which yielded the Adapted Conventional Armed Forces Treaty. Early and persistent calls for “substance before summit” by the U.S. Delegation and other participating States had put in doubt both the informal ministerial and the summit for months. However, a number of the participating States argued for the high level attention to wide-spread security challenges in the OSCE region and the erosion of OSCE values in some quarters. Ten years after the last OSCE summit, they argued, necessitated a meeting of heads of states and governments to reaffirm the participating States’ commitment to the organization’s values and agree on a way forward to tackle the challenges confronting the region today. Thus, six months of, at times, heated informal Corfu dialogue on security challenges in the OSCE region, which was mandated by the Athens Ministerial Declaration, yielded more than 50 “food for thought” papers from the participating States, the Parliamentary Assembly, the OSCE Secretariat, the Partners for Cooperation, think tanks and non-governmental organizations. The thematic papers evolved into an Interim Report during June, which incorporated the proposals submitted within the Corfu Process. It formed the basis for the agenda at the Almaty Informal Ministerial and for the Summit which will be held in Astana December 1-2, 2010. The Almaty Informal Ministerial saw the participation of more than forty foreign ministers, including from the Russian Federation, France, Germany, Canada, Spain, Portugal, Poland, Georgia, Turkey, Austria, and Ukraine. The Parliamentary Assembly’s delegation included President Petros Efthymiou, and Secretary General Spencer Oliver. The U.S. delegation was headed by Deputy Secretary of State James Steinberg who, in a bilateral meeting with the Kazakhstanis on July 16, affirmed U.S. support for an OSCE summit this year. The joining of consensus on the summit decision by the United States elicited private expressions of relief from many delegates, and heightened expectations for the summit which would reflect the outcome of the Corfu Process: a declaration and an action plan. The Chair-in-Office requested that the OSCE delegations work toward these aims throughout the summer. During the meeting, delegates voiced support for the summit, to be held in Astana. A majority of the participating States urged OSCE support for Kyrgyzstan, in particular, through the deployment of a police mission. The United States and many delegates stated that the substance of the summit should be based upon the four proposals put forward by the European Union to: (1) bolster the OSCE’s capabilities in all three dimensions to promote early warning, conflict prevention and resolution, crisis management and post-conflict rehabilitation, including in relation to the protracted conflicts; (2) strengthen implementation and follow-up of OSCE norms, principles and commitments in particular, human dimension commitments covering human rights and fundamental freedoms, including freedom of the media; (3) enhance the conventional arms control framework, including confidence and security building measures, through updating the 1999 Vienna Document and the Conventional Forces in Europe Treaty); and (4) increase attention to transnational threats in all three OSCE dimensions. Some delegates also called for a summit to: focus on instability in Afghanistan; intensify efforts to resolve protracted conflicts in the region, and address nuclear terrorism and the proliferation of nuclear and weapons of mass destruction. The United States called for greater military transparency, implementation of human dimension commitments and addressing inter-ethnic conflict in Kyrgyzstan. The U.S. delegation also expressed support for the expeditous deployment of a police force to Kyrgyzstan and for an action plan for the future work of the participating States. In addition to supporting the European Union’s four summit process proposals, the United States also expressed support for a focus on Afghanistan. A Chair’s Perception Paper, resulting from the informal ministerial, incorporated these concerns. Russian Foreign Minister Sergei Lavrov reiterated Russia’s support for the summit “this year.” He urged the involvement of other regional and sub-regional leaders in addressing the Kyrgyzstan situation. He expressed hope that action would be taken on Russia’s proposal for a European Security Treaty (EST) and that it would not merely remain a “subject for discussion.” Lavrov said that the summit document should reflect the post Cold War situation and the security system that emerges should be “free of dividing lines.” He said that Russia was studying NATO’s response to the EST proposal and underlined that the summit should give strong, political impetus for supporting Kyrgyzstan. Concurrent with the Informal Ministerial, draft decisions on the holding of an OSCE summit during 2010 and draft decisions on the agenda and modalities of the summit and agenda and modalities for a review conference were circulated. The review conference would be held in Vienna, Warsaw, and Astana. Negotiations on the draft decisions began on July 19.
Instability in Kyrgyzstan: The International ResponseTuesday, July 27, 2010
The purpose of this hearing was for Commissioner Alcee L. Hastings and others to analyze the causes of a violent and fatal revolt against Kyrgyzstan’s president in April of 2010, as well as the subsequent internecine violence that took place in the southern part of the country two months later; and to look at and discuss the prospects for better news in Kyrgyzstan’s future. Kyrgyzstan’s turbulence was traced to its history of corrupt authoritarian rule.
Global Threats, European Security and Parliamentary CooperationWednesday, June 16, 2010
From nuclear security to climate change, global terrorism to anti-corruption efforts, this hearing examined what parliamentarians can do to work together on some of the most significant challenges facing the world. Members addressed European and Central Asian security concerns, including unresolved conflicts in the Balkans and elsewhere, and considered how international parliaments can cooperate to address challenges related to trafficking, tolerance, and democratic development, including elections and media freedom.
Mitigating Inter-Ethnic Conflict in the OSCE RegionTuesday, May 04, 2010
This hearing, presided over by Sen. Benjamin Cardin, discussed the Helsinki Process’s role in mitigating inter-ethnic conflict in the OSCE region. The hearing discussed the situation in Kyrgyzstan, ethnic conflicts in the Caucasus, the still-lingering effects of the 1944 mass deportation of Crimean minorities, and ethnic cleansing in Bosnia. Witnesses at the hearing included Heidi Tagliavani, Ambassador and Under Secretary of State for Switzerland and head of the European Union investigation of the 2008 Russia-Georgia conflict; Peter Semneby, Special Representative for the South Caucasus for the European Union; and Mr. Soren Jessen-Petersen, former Special Representative for Kosovo for the United Nations.
2009 OSCE Mediterranean Conference in Cairo is a SucessWednesday, April 21, 2010
By Alex Johnson, Policy Advisor and Marlene Kaufmann, General Counsel In December 2009, Commission staff attended the 2009 OSCE Mediterranean Conference on “The Mediterranean Partners and the OSCE: Cooperation Toward Enhanced Security and Stability” in Cairo, Egypt. This conference brought together 33 of the 56 OSCE participating States, four of the Asian Partners for Cooperation (Australia, South Korea, Japan, and Thailand), and representation from all of the Mediterranean Partners for Cooperation. The Palestinian National Authority attended at the invitation of the host government. The conference featured three sessions focusing on the politico-military aspects of security in the OSCE area, implications of the current financial crisis on migration, and prospects for OSCE Mediterranean Cooperation. These sessions featured presentations from Mediterranean Partner OSCE delegations, academics, international organizations, and relevant ministry representatives. Participation in this conference was at a high level with the majority of the participating States and all of the Mediterranean Partners for Cooperation represented by their Ambassadors to the OSCE. Members of the Parliamentary Assembly of the OSCE in attendance included a Vice-President and officers of two of the Assembly’s General Committees. Discussion in all of the sessions was lively with active participation by the Ambassadors, particularly those representing the Mediterranean Partners, as well as other public and private sector participants. A number of themes emerged across the sessions including agreement that the partnership between the OSCE participating States and their Mediterranean Partners has strengthened. The establishment of the Partnership Fund and the Athens’ Ministerial invitation to the Partners to contribute to the Corfu Process are largely attributed with bolstering the strength of the Partnership. Findings included a future activity emphasis on specific areas of cooperation by setting both short and long-term goals and providing a mechanism to assess effectiveness. In addition, the OSCE Mediterranean Partnership should undertake its work in coordination with other regional organizations and institutions, through which the possibility of expanding the Partnership could be considered. Session 1: Politico-military aspects of security in the OSCE area and the Mediterranean The session’s moderators were Ambassador Ian Cliff, Head of the delegation of the United Kingdom to the OSCE and Ambassador Taous Feroukhi, Permanent Representative of Algeria to the OSCE. Panelists included Mr. Pascal Heyman, Deputy Director of the OSCE Conflict Prevention Center, Ambassador Gyorgy Molnar, Head of the Permanent Mission of the Republic of Hungary to the OSCE, and Dr. Mostafa Elwy Saif, Professor and Chairman of the Department of Political Science, Cairo University and Member of the Shura Council. Ambassador Cliff opened the discussion by pointing out that the OSCE had developed expertise on crisis prevention and conflict resolution, particularly regarding protracted conflicts. He believes there has recently been some incremental progress. Pascal Heyman emphasized that the OSCE has developed a unique conflict prevention and resolution expertise through constant political dialogue, dedicated crisis management mechanisms such as fact-finding missions, the Conflict Prevention Center, confidence and security building measures and the establishment of field operations. While these are effective tools, Heyman maintained that workable and lasting conflict resolution depends ultimately on the political will of the participating States and the parties in a conflict. Ambassador Molnar spoke to the destabilizing consequences of transnational or multi-dimensional threats to security in the OSCE space. He noted that participating States are attempting to address these threats through the Maastricht Strategy and decisions adopted at both the Madrid and Athens Ministerials regarding transnational threats, combating terrorism, and promoting effective law enforcement and police training programs. Dr. Saif presented a detailed review of Egypt’s political and military security concerns and concluded that the primary challenges to his country’s security stem from the Israeli-Palestinian conflict, Iran’s regional and nuclear ambitions, water shortages, the political situations in Iraq and Afghanistan, and the proliferation of weapons of mass destruction in the Middle East. Ambassador Feroukhi said that the absence of a dedicated institutional forum in the Mediterranean region hampered the development of effective security mechanisms but felt that the development of confidence-building measures – particularly involving civil society and academic communities – should be encouraged as a first step. She also agreed that a just resolution of the Israeli-Palestinian conflict and better protection of the environment were vital for the stability and security of the Mediterranean region. All delegations who participated in the discussion welcomed the Athens Ministerial decision to invite input from the Partners for Cooperation on furthering the Corfu Process. A number of delegations raised the possibility of enlarging the Mediterranean Partnership to include the Palestinian National Authority, while others pointed out the difficulties of doing so, due to the fact that the OSCE is a state-based organization. The Partnership Fund was hailed as an effective tool to enhance the Mediterranean Partnership and it should continue to be used to sustain a culture of cooperation, including the possible creation of a clearing house on water issues within the OSCE. It was also stressed that the OSCE should coordinate its activities with relevant international and regional organizations. The moderators stated the following conclusions emanating from the discussion: The confidence and security building measures as well as early warning mechanisms developed in the framework of the OSCE could serve as a model and help to foster cooperation and confidence in the Mediterranean region; the participation of the Partners in the Corfu process should enhance the Mediterranean Partnership; and, the Partnership should move forward based on concrete, achievable objectives with possible long-term goals of establishing a Mediterranean conflict prevention center and developing regional codes of conduct to enhance dialogue and cooperation. Session 2: Implications of the current economic and financial crisis on migration The second session was moderated by Mr. Daman Bergant, Head of the OSCE Department of the Ministry of Foreign Affairs of Slovenia, and panelists included Ambassador Omar Zniber, Head of the Delegation of the Kingdom of Morocco to the OSCE, and Ms. Rebecca Bardach, Director of the Center for International Migration and Integration of the American Jewish Joint Distribution Committee. Mr. Bergant began the session by explaining that the global economic and financial crisis has an impact on migration and development. He outlined several topics to guide the discussion including the development of cooperative migration policies between the OSCE and the Mediterranean Partners; dialogue on how to prevent and combat illegal migration; international and regional cooperation on preventing trafficking in human beings, including trafficking for forced labor; protecting the human rights of migrants, including through combating hate crimes; and, the role of migrants in promoting tolerance and non-discrimination. Ambassador Zniber spoke to the impact of the current economic crisis on both migrants and development. He pointed out that the impact of the crisis makes migrants even more vulnerable and they face increased discrimination and further marginalization in society. Decreasing remittances, said the Ambassador – 10 to 15% in 2009 according to the World Bank – are a destabilizing factor, impacting countries of origin like Morocco which are particularly dependent on revenues from abroad. The Ambassador welcomed the Athens Ministerial Council Decision on migration management and urged that the OSCE continue its work in this area, in particular, by facilitating dialogue, exchanging best practices and fighting discrimination against migrants. Specifically, he recommended that the OSCE and its Mediterranean Partners establish a working group on migration management and related security aspects; develop a multi-dimensional and long-term approach on migration management; promote regional cooperation and partnerships between all responsible parties including countries of origin, transit and destination, civil society and the private sector; create reintegration and training programs; and, protect the human rights of migrants and their families. Ms. Bardach gave a comprehensive review of migration issues impacting Israel. She explained that only in the last two decades has Israel seen a significant increase in migration flows across its borders. This is presenting challenges to the government in managing migration and dealing with large numbers of refugees, asylum seekers, and labor migrants, in addition to human smuggling and trafficking. While Israeli efforts to combat trafficking for sexual exploitation have resulted in marked progress, she said, efforts to combat labor trafficking are still in their infancy. Based on this experience, Ms. Bardach suggested that the OSCE should develop policies to address irregular recruitment practices and raise awareness about such practices; develop cooperation on both the regional and bilateral level to increase information sharing, strengthen border controls and address the humanitarian needs of migrants; develop culturally sensitive tools for law enforcement officials; and, improve the reception and registration of refugees, including assisted voluntary return. During the discussion following the panel presentations, a number of delegations echoed the view that the OSCE and its Mediterranean Partners should serve as a broad regional platform for a coordinated dialogue on migration, and should develop a comprehensive strategy to prevent cross-border trafficking that includes the private sector. The contributors in this session demonstrated the need for better data collection and sharing regarding migration in the Euro-Mediterranean context. This goal was identified as a potential priority for the Partnership Fund. Proposals distributed by the Moroccan and Egyptian delegations have both cited the importance of developing research institutions, which could serve to further the goal of better data collection and expertise sharing. Session 3: Prospects for OSCE Mediterranean Cooperation The third session Chaired by Ambassador Kairat Abdrakhmanov, Head of the Permanent Mission of Kazakhstan to the OSCE and Chair of the OSCE Permanent Council, focused on a review of achievements to date in improving dialogue and cooperation between the participating States and the Mediterranean Partners, and developing effective follow-up on recommendations of previous seminars and ministerial declarations referencing the Partners. Featured speakers were Ambassador Makram Queisi, Permanent Representative of Jordan to the OSCE, and Mr. Agustin Nunez, Deputy Head of Mission of the Permanent Mission of Spain to the OSCE. Ambassador Queisi presented four areas in which he felt cooperation could improve the relationship between the OSCE and the Mediterranean region – environmental aspects of security such as soil erosion, desertification and water management including the possible creation of an environmental data collection center in the region; enhanced border security to combat terrorism and trafficking including cooperation with the Regional Counter Terrorism Training Center in Jordan; combating discrimination against Muslims; and developing nuclear non-proliferation strategies for the region. The Ambassador also stated his view that Partner status should be granted to the Palestinian National Authority as a confidence building measure. Mr. Nunez reviewed the development of the participating State’s cooperation with their Mediterranean Partners including increased participation by Mediterranean Partners in OSCE activities and recent examples of concrete cooperation on issues such as countering terrorism, promoting tolerance and freedom of the media, and enhancing border management. He emphasized the importance of having a strategic vision for the Partnership and commended the proposal by the Kazakh Chair of the Mediterranean Contact Group that three priority areas should be identified for developing projects to be financed by the Partnership Fund. Mr. Nunez concurred with Ambassador Queisi’s view that the Partnership should be enlarged to include the Palestinian National Authority and noted that Spain had circulated two food-for-thought papers on this topic in 2008. Following the presentations, active debate among the delegations ensued and focused primarily on the current status of the Partnership and its achievements to date, proposals for additional areas of cooperation, procedural improvements and the issue of possible enlargement of the Partnership. Enhanced cooperation in the areas of promoting tolerance and non-discrimination, freedom of the media, gender, combating trafficking in human beings, energy security, security aspects of climate change, water management and fighting corruption, drug trafficking and terrorism was discussed. It was suggested that working groups should be established to examine these issues and make recommendations for action. Participants also called for the establishment of a system for effective follow-up on recommendations and agreed proposals, as well as enhanced coordination with other regional institutions and organizations. The participants actively discussed the question of enlarging the Mediterranean Partnership with some participants supporting the granting of Partner status to the Palestinian National Authority as a confidence building measure conducive to dialogue and peace in the region. Debate over this particular consideration illuminated the need for an expeditious response to the request of the Palestinian National Authority (PNA) to become an OSCE Mediterranean Partner for Cooperation. It is apparent that a number of participating States and partners recognize the value of their participation in Mediterranean Dimension activities. Yet, disagreement arises when considering the implications of recognizing a territory as a full-fledged partner. Some participating States see the case of the PNA as unique in that there is already international agreement on the existence of a future Palestinian State. Other participating States believe that affording a territory official status sets a precedent for other territories seeking recognition in the OSCE region. A number of these leaders believe that a future Palestinian State should be granted partner status after formal international recognition. Thus, it will be unlikely that consensus on partnership with the PNA will be reached at this time and the OSCE Chair-in-Office should issue a formal response acknowledging this. The question of PNA participation will continue to mire productive dialogue on other opportunities for cooperation until a decisive response is issued by the OSCE Chair-in-Office. Alternatives for their participation should however be explored. Some possibilities include establishment of an alternative status of “observer” or other title within the framework of the Partners for Cooperation to allow for a transitional process of full recognition as a Partner. In addition, some sort of agreement should be established on recommended countries outside of the Mediterranean Partnership for invitations to OSCE Mediterranean Dimension activities. Conclusion: Future Considerations for Annual Conference Administration A tremendous success of the 2009 Mediterranean Conference was the engagement of the Ambassadors from the Mediterranean Partners in the agenda. Each panel featured a Mediterranean Partner Ambassador, which helped balance the contributions during the discussion. Previous conferences did not adequately balance the opportunities for contributions between the Mediterranean Partners and the OSCE participating States. In the most grievous of incidences, panelists and participating States at the 2008 Mediterranean Conference in Amman, Jordan took so much time during the discussion that contributions from representatives of the Partners were significantly curtailed. It only makes sense that the contributions of the Partners be prioritized when the purpose of the conference is enhancing cooperation with their respective countries. Meaningful participation by the Partners remains the only way to sustain the future of the OSCE Mediterranean Dimension. A recurring challenge of the annual Mediterranean conference is a lack of willingness to host the event among the Mediterranean Partners. The venue question remains an issue that paralyzes cooperation among the Mediterranean Partners and has the potential to diminish the productivity of the conference each year. The venue question stems from a number of factors. Not only is the conference capital-intensive for the hosting State, political considerations regarding the participants in the OSCE Mediterranean Dimension keep Partners like Algeria and Tunisia from taking a leadership role in hosting the event. Thus, active Partners like Egypt, Jordan, Morocco, and Israel bear the burden of hosting the conference most frequently. Ownership of the OSCE Mediterranean Dimension through hosting the conference and originating initiatives remains an ideal that the partnership should aspire to. However, it is not unprecedented that participating States would host the conference. Previous Mediterranean seminars were hosted by Greece (2002), Croatia (2001), Slovenia (2000), and Malta (1998), prior to the elevation of the event to a “conference” by the Greek chairmanship of the OSCE in 2008. Participating States have offered to host the upcoming 2010 conference. Proceeding with an established venue earlier in the year may provide for more time for substantive topic development. Such a deviation from Mediterranean Partner ownership of the event should be seen as an exception until a more appropriate mechanism for rotating the responsibility of hosting the conference is devised. The 2009 Mediterranean Conference was well executed by the Egyptian government, especially considering the short time between their final commitment to do so and the date of the event. However, NGO participation was notably missing. The 2008 OSCE Mediterranean Conference in Amman featured a session for NGOs from throughout the Mediterranean region on the day prior to the conference and subsequently included a robust NGO presence during the conference proceedings. OSCE Participating States led by the United States made extra-budgetary contributions to the OSCE Partnership Fund to help facilitate a robust NGO presence. International organization representatives that were invited to present on the session panels in the 2009 Cairo conference were among the few non-governmental participants present. It is true that participating States lack the wherewithal to contribute annually to facilitate an NGO presence especially given global fiscal challenges. However, exploring partnerships with appropriate foundations, endowments, and institutions involved in Euro-Mediterranean engagement may result in a consistent and strong NGO presence at events within the OSCE Mediterranean Dimension.
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Putin Says Stalin Massacred Poles Out of RevengeThursday, April 08, 2010
Russian Prime Minister Vladimir Putin made an unprecedented gesture of good will to Poland on Wednesday by attending a memorial ceremony for 22,000 Poles executed by Soviet secret police during World War II. But hours later he soured the mood by offering a controversial justification for the massacres. After attending the solemn event with Polish Prime Minister Donald Tusk, Putin said Soviet dictator Josef Stalin ordered the atrocity as revenge for the death of Red Army soldiers in Polish prisoner of war camps in 1920. Putin said 32,000 troops under Stalin's command had died of hunger and disease in the Polish camps. "It is my personal opinion that Stalin felt personally responsible for this tragedy, and carried out the executions (of Poles in 1940) out of a sense of revenge," Putin said, the RIA Novosti news agency reported. The Polish side had no immediate response to this suggestion. U.S. Sen. Benjamin Cardin, who has advocated greater Russian recognition of the atrocities, said there can be no justification for the murder of innocent people. "I think trying to rationalize the massacre in any way is unwarranted. You can't justify that under any scenario. It was senseless and there was no just cause. Those are the facts," Cardin, who chairs the U.S. Helsinki Commission, told The Associated Press. Earlier on Tuesday, Putin offered a gesture of reconciliation to Poland by becoming the first Russian leader to ever commemorate the Katyn massacres with a Polish leader. He said earlier in the day that the two nations' "fates had been inexorably joined" by the atrocities. The 22,000 Polish officers, prisoners and intellectuals were massacred by Stalin's secret police in 1940 in and around Katyn, a village near Russia's border with Belarus. During the ceremony, Putin also offered what appeared to be his harshest condemnation of Stalin's rule to date on Tuesday, saying: "In our country there has been a clear political, legal and moral judgment made of the evil acts of this totalitarian regime, and this judgment cannot be revised." But his speech stopped short of offering any apology to Poland or calling the massacres a war crime, as some officials in Poland and the United States had urged him to do. Also, while giving the go-ahead to a joint historic commission on the matter, Putin gave no concrete pledge that all Soviet archives documenting it would finally be unsealed. Tusk used his emotional speech about the Polish victims to push Putin on this point. "Prime minister, they are here. They are in this soil. The eye sockets of their bullet-pierced sculls are looking and waiting to see whether we are able to transform violence and lies into reconciliation," Tusk said. But at an evening news conference, Putin said Russia already has disclosed everything except for the perpetrators' names, which are being kept secret out of "humanitarian" regard for their surviving relatives. Putin also said Russian people should not be blamed for the atrocities at Katyn. "For decades, attempts have been made to cover up the truth about the Katyn executions with cynical lies, but suggesting that the Russian people are to blame for that is the same kind of lie and fabrication," he said. For half a century, Soviet officials claimed that the mass executions had been carried out by Nazi occupiers during the Second World War. But the Soviet Union under Mikhail Gorbachev's rule admitted in 1990 that the crimes had been committed by Stalin's NKVD secret police, a precursor to the KGB. The disclosure opened the floodgates of historical consciousness across the Soviet Union, speeding its demise as nations across the Eastern bloc awoke to the horrors of the Soviet regime and sought independence. As recently as December, Putin resisted a broad denunciation of Stalin's reign. He told a call-in show with the Russian public that it was "impossible to make an overall judgment" against Stalin because he had industrialized the nation and played a key role in defeating the Nazis. Russia also has clashed with its neighbors in Eastern Europe over what it has perceived as offenses to the legacy of Stalin and the Red Army. The relocation of a Soviet war memorial in Estonia in 2007 was met with a bristling reaction from Moscow, as was a resolution made by European lawmakers in 2009 equating Stalinism and Fascism. Putin's meeting with Tusk seems to be part of a broader Kremlin effort to avoid similar confrontations and improve ties with Europe. President Dmitry Medvedev wrapped up a two-day visit to Slovakia on Tuesday, and said in the capital, Bratislava, that the EU-member state was a "very convenient and open door for Russia to the European Union." "We are ready to actively go through this door," Medvedev said during a televised news conference with his Slovak counterpart, Ivan Gasparovic. During the visit — marking the 65th anniversary of the Slovak capital's liberation from Nazi rule — Medvedev gave Slovak officials World War II documents from Russia's state archives.
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Meeting of Russian, Polish Leaders Could Shed Light on 1940 MassacreWednesday, April 07, 2010
A historic meeting scheduled for Wednesday between top leaders of Russia and Poland is expected to provide new details about Russia's mass execution of 22,000 Polish officers in the Katyn forest in 1940 and may open the way toward improved relations between the two countries. The mass slaying of the Polish prisoners of war by the Soviet secret police is one of the darker and less known chapters of World War II, said Kyle Parker, a Russian expert and policy adviser to the Commission on Security and Cooperation in Europe, an independent U.S. agency that helps formulate American policy for the Organization for Security and Cooperation in Europe. The mass graves were discovered in 1943 by the Wehrmacht, the German armed forces, after their defeat at Stalingrad. The discovery caused a diplomatic crisis.
More Power to More People: Lessons from West Africa on Resource TransparencyThursday, January 21, 2010
By Shelly Han, Policy Advisor In its ongoing effort to fight corruption and increase energy security, the U.S. Helsinki Commission has worked in recent years to help countries fight the resource curse. That is the phenomenon in which countries that are rich in oil, gas or minerals—resources that should be a boon to their economy—suffer lower economic growth and higher poverty than countries without extractive resources. As the Commission’s energy policy advisor, I traveled in September 2009 with other Congressional staff to Ghana and Liberia to see how these two countries are managing their resources. This was an oportunity to compare the experience of these countries with that of resource-rich countries like Azerbaijan, Kazakhstan and Kyrgyzstan, who participate in the Organization for Security and Cooperation in Europe. Specifically, our goal was to study implementation of the Extractive Industries Transparency Initiative (EITI) in Ghana and Liberia, and gauge the impact of corruption in the extractive industries on the political, social and economic climate. EITI is a groundbreaking program because it pierces the veil of secrecy that has fostered tremendous corruption in the extractive industries around the world. At its heart, EITI is a good governance initiative that brings together the companies, the government and civil society to ensure revenue is generated for the benefit of the people, not just hidden in Swiss bank accounts. The meetings in Africa were also part of the Commission’s work promoting the Energy Security Through Transparency Act (S. 1700), a bill designed to increase transparency in the oil and gas industry. The bill, introduced by Commission Chairman Senator Benjamin L. Cardin and Senator Richard G. Lugar (R-IN), expresses support for U.S. implementation of EITI. In Ghana and Liberia, staff met with government officials, non-governmental organizations, civil society leaders, the business community, U.S. Embassy staff and other groups, trying to get as broad a perspective as possible on issues related to energy transparency. Ghana Ghana is a country of 23 million citizens on the west coast of Africa. Considered one of the bright spots in terms of political and economic development in the region, President Obama came here in his first presidential trip to Africa. Known as the Gold Coast in colonial times, gold mining remains one of Ghana’s primary exports. With significant foreign investment from mining, one might think that Ghana had hit pay dirt for its economy, unfortunately, this hasn’t been the case. Almost 80 percent of Ghanaians live on less than $2 a day. Gold mining in Ghana is estimated to contribute about 40 percent of total foreign exchange earnings and 6 percent of GDP. In 2007, the discovery of oil in the offshore Jubilee field launched wild expectations—and fears—for Ghana’s future. The oil and gas could bring in about $1 billion a year for Ghana, which is about 25 percent of the government’s budget. But there are fears that the windfall will increase corruption and do little to help Ghana’s citizen’s rise out of poverty. But there is hope. In 2003 Ghana committed to implementing EITI for its mining sector and Ghana remains a candidate country today. Ghana has an EITI Secretariat and a Multi Stakeholder Steering Group in place. The country has appointed an independent EITI Aggregator/Auditor who has produced three audit reports and Ghana will shortly go through an independent audit process in order to be validated as an EITI country. Most importantly, Ghana has pledged to implement EITI in the oil and gas sectors. During the trip, we met with a number of government officials, including the Minister of Energy and the Minister of Finance. I was impressed with their commitment to establishing an EITI process for the oil and gas revenues. While the process is not complete, and is certainly not perfect, we are optimistic that Ghana will build on the EITI progress they have already made in the mining sector and achieve similar results for the oil and gas sectors. The international community is providing significant assistance. In meetings with U.S. officials, we learned that U.S. aid agencies will begin work in Ghana aimed at strengthening parliamentary oversight, improving regulatory, legal and fiscal management, and helping Ghana develop a workforce to meet the needs of the oil and gas sector. Liberia Our experience in Liberia was more sobering. Five years after a devastating civil war, Liberia struggles to move on. Fourteen-thousand United Nations troops remain in the country as peacekeepers. Eighty percent of the country’s 3.5 million citizens are unemployed. Liberian President Ellen Johnson Sirleaf, a Harvard-trained economist and Africa’s first female president, has worked to stimulate investment and create job opportunities. But this is an uphill battle given the years of education and infrastructure lost during the civil war. Extractive industries such as iron ore, gold, rubber and diamonds do provide some revenue, but the highest hopes for export revenue are placed on Liberia’s extensive forests. Sustainable timber harvesting could provide up to 60 percent of Liberia’s revenue and the international community and Liberia have spent several years and millions of dollars to make the forestry sector sustainable. Liberia joined EITI in 2006, just a couple of years after the end of the civil war that decimated the economy and put Liberia at almost the bottom of the UN Human Development Index. It is the first country to include forestry under the rubric of EITI. On July 10, 2009, the President of Liberia signed into law the Act Establishing the Liberia EITI, making Liberia only the second country in the world (following Nigeria) to pass dedicated EITI legislation. Many implementing countries have issued presidential or ministerial decrees or have amended existing legislation to establish a legal framework for the initiative. The legislation goes beyond the core EITI requirements because it covers the forestry and rubber sectors, as well as oil, gas and mining. But contract disputes and the economic downturn have hindered the resumption of large-scale logging in Liberia. We met with logging companies, government officials and civil society to hear the problems and were discouraged by the lack of progress. It is clear that while tremendous strides have been made in transparent reporting of revenues, there is precious little revenue to report. We spoke with some groups who were hopeful that with a strong focus on improving governance, it is possible that Liberia could develop forestry projects eligible for international carbon offsets. These offsets could generate revenue for Liberia and help meet global climate change goals at the same time. Conclusion In contrast with other EITI countries such as Azerbaijan and Kazakhstan, we were struck by the comparatively good relations the Ghana and Liberia government ministries enjoy with civil society, and the clear desire they have shown to work together. Citizen participation was very strong in both African countries, perhaps due to the extensive public awareness campaigns that have educated citizens on their right to follow the money trail from extractive revenues. EITI is far from the magic bullet to solve corruption problems in West Africa or elsewhere. But Ghana and Liberia show that incremental progress is possible, and that transparency in the extractive industries can build a foundation for good governance in other sectors as well.
Advancing U.S. Interests in the OSCE RegionWednesday, October 28, 2009
The hearing examined U.S. policy toward the Organization for Security and Cooperation in Europe, the largest regional security organization in the world, ahead of a meeting of foreign ministers to be held in Athens in early December. Greece held the chairmanship of the 56-nation OSCE focused on enhancing security, promoting economic cooperation, and advancing democracy and human rights in 2009. Kazakhstan assumes the chairmanship in January, 2010. The Commission will examine timely issues, including: security arrangements in Europe, simmering tensions in the Caucasus region, relations with Russia and the countries of the former Soviet Union, developments in the Balkans, OSCE engagement on Afghanistan and developments in Central Asia. The hearing will also assess ongoing efforts to combat anti-Semitism and other forms of intolerance and backsliding on fundamental freedoms.
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Ukraine Lauded for Nixing Hotel Near Babi YarTuesday, October 06, 2009
Two U.S. lawmakers hailed Ukraine for halting the construction of a hotel near the site of a Nazi massacre. Sen. Benjamin Cardin (D-Md.) and Rep. Alcee Hastings (D-Fla.) co-chair the Commission on Security and Cooperation in Europe, an agency charged with monitoring and encouraging compliance with the Helsinki Final Act and other commitments. "The city authorities of Kiev deserve credit for their rapid response to concerns from human rights and Jewish groups on this issue," Cardin, who last visited the memorial park in 2007, said last week. "I applaud their swift action to overturn the city council's insensitive decision and respect the memory of the victims at Babi Yar." The hotel was to be built close to the site of Babi Yar, a ravine near Kiev, where more than 33,000 people were murdered over a two-day period from Sept. 29, 1941. Half were children. Cardin also commended Ukrainian President Viktor Yushchenko for his pledge "to protect as a sacred spot the site of the Nazi massacre." Between September 1941 and 1943, some 150,000 people were executed by Nazi troops in wooded areas on the outskirts of Kiev. Most were Jews, but the total also included ethnic Ukrainians, Russians, Poles and Roma, or gypsies.
Scars of 1974 Invasion Abound as Leaders Seek to Reunite CyprusMonday, August 24, 2009
By Ronald J. McNamara, Policy Advisor Cyprus’ unique location at the cultural crossroads of the eastern Mediterranean and important trade routes between Europe and the Middle East and beyond has shaped the island nation’s rich history. I recently returned to Cyprus to assess developments as the 35th commemoration of the Turkish invasion approaches and a significant portion of the country remains under occupation. Virtually every conversation during my visit, whether with officials or private citizens, touched on some aspect of the ongoing occupation of the country, the legacy of the 1974 invasion, or the prospects for a resolution of “the Cyprus issue.” In a country with slightly less than a million people covering an area slightly more than half the size of Connecticut, one is hard-pressed to find a Greek Cypriot or Turkish Cypriot family that has not been affected in one way or another by the conflict and its lingering impact. While the Cyprus conflict predated the 1975 signing of the Helsinki Final Act, many of the principles found in that historic document have particular applicability to the situation in Cyprus, including: territorial integrity of states; peaceful settlement of disputes; respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief; and fulfillment in good faith of obligations under international law. Cyprus and Turkey were both original signatories to the Final Act. Traveling to the remote Karpas peninsula, in northeastern Cyprus, I was able to speak with an elderly pensioner in Rizokarpaso, a town where thousands of Greek Cypriots once thrived.Today they number scarcely more than 200, the largest concentration of Greek Cypriots in the Turkish occupied north. A short distance from the main square, featuring a large statue of modern Turkey’s founder Kemal Atatürk on horseback, the gentleman described his existence amid a burgeoning population of newcomers from mainland Turkey. He explained that as elderly Greek Cypriots pass away in the area, their homes are occupied, often by “settlers.” The aged man, deeply rooted in the town, showed a fierce determination to remain despite the hardships, making clear that he would not be complicit with the effective cleansing of Greek Cypriots from the region. Within minutes after we sat down at a nearby cafe, a couple of young men sat conspicuously nearby, within easy listening distance from us, an action that seemed designed to intimidate. The man pointed to a building across the street that serves as the school for the small number of Greek Cypriot children a short distance from the Orthodox Church, mainly used for funerals conducted by the lone cleric permitted to conduct such services in the region. According to the May 15 “Report of the Secretary-General on the United Nations operation in Cyprus,” humanitarian assistance was provided to 367 Greek Cypriots and 133 Maronites living in the northern part of the island. While numerous mixed towns and villages existed throughout the country prior to 1974, today, the town of Pyla, partly located in the UN-monitored buffer zone, is the sole surviving bi-communal village, with around 500 Turkish Cypriots and 1,500 Greek-Cypriots. While local leaders from the communities described a generally harmonious and cooperative atmosphere, the reality is that interaction between the two remains limited, with separate schools, sports teams, municipal budgets, and police forces, among others. Many of the people I met touched in one way or another on the ongoing talks between Cypriot President Demetris Christofias and the Turkish Cypriot leader, Mehmet Talat. In his February 28, 2008 inauguration, Christofias reiterated the requirements for a negotiated resolution of the Cyprus conflict and reunification of the country as a federal bi-zonal, bi-communal, with a single sovereignty, international personality and citizenship. Christofias and Talat have repeatedly reaffirmed their commitment to such a formula based on UN Security Council resolutions dating back to the 1970s. The current talks, initiated by Christofias shortly after his 2008 election, focus on six main chapters, or themes, with corresponding working groups: governance and power sharing, European Union matters, security and guarantees, territory, property, and economic matters. Technical committees have also been established to consider crime, economic and commercial matters, cultural heritage, crisis management, humanitarian matters, health, and environmental matters. While formally conducted under the auspices of the UN, the talks are mainly being conducted directly between Christofias and Talat, with teams of experts focused on specific aspects of each topic. A meeting with George Iacovou, President Christofias’ top aide on the current direct talks, helped put the negotiations in context against the backdrop of prior efforts to reunite the country, including the Annan plan, which the Greek Cypriots overwhelmingly rejected in a 2004 referendum. Officials, including government spokesman Stefanos Stefanou repeatedly emphasized that negotiations on a resolution of the conflict be by the Cypriots, for the Cypriots. That said, such an outcome depends in large measure on Turkey playing a constructive role as the leaders of the two communities seek to hammer out a comprehensive agreement. Briefings by Foreign Minister Markos Kyprianou and other senior officials focused largely on the international dimension of the Cyprus issue. Central to the discussions was Turkey’s longstanding aspiration to join the European Union. Accession talks with Turkey began in October 2005. In July of that year, the EU welcomed the country’s decision to sign a protocol adapting the Ankara Agreement to expand the existing customs union between Turkey and the EU to include all member states, including Cyprus. Simultaneously to the signing, Ankara issued a unilateral declaration, noting that its signature did not amount to recognition of the Republic of Cyprus. In response, the EU issued its own declaration on September 21, 2005 making clear that “this declaration by Turkey is unilateral, does not form part of the Protocol and has no legal effect on Turkey’s obligations under the Protocol.” Despite signing the adapted agreement, Turkish ports remain closed to Cypriot ships and airplanes. Cypriot government officials suggested that the status quo has cost the island nation millions in lost business. EU foreign ministers meeting in Brussels on December 11, 2006 partially froze membership talks with Turkey over the impasse, suspending eight of the 35 chapters on the agenda of the accession negotiations, a step endorsed by the European Council on December 15. The Turkey 2008 Progress Report issued by the EU Commission reiterated the call for Turkey “to remove all remaining restrictions on the free movement of goods, including restrictions on means of transport regarding Cyprus.” Turkey's accession to the EU would also require Ankara to work toward recognizing the Republic of Cyprus, including establishment of diplomatic relations. The next periodic report on Turkey’s implementation of the Ankara Protocol is expected later this year. While Cyprus supports Turkey’s aspirations to join the EU, the passage of time has brought potential opposition to the surface, notably from France and Germany. Property Property, another chapter heading under active discussion, has enormous implications. According to government officials, the vast majority of properties in the occupied north were owned by Greek Cypriots. Upholding the property rights of the owners as they were prior to the invasion remains a major priority for the government, with restitution the preferred end result. Considerable real estate development in the north and the continued occupancy of their homes by strangers, has led many Greek Cypriot property owners to file cases with the European Court of Human Rights (ECHR) claiming their property rights were violated. In the case of Loizidou v. Turkey, the court held that “denial of access to property in northern Cyprus was imputable to Turkey” and awarded damages, finding that the applicant had “effectively lost all control over, as well as all possibilities to use and enjoy, her property.” More recently, a judgment issued by the European Court of Justice (ECJ) in the case of Meletis Apostolides v. David Charles Orams and Linda Elizabeth Orams could have a chilling effect on foreigners purchasing property in the occupied territory. The ECJ affirmed that courts in other EU countries must recognize and enforce Cypriot court judgments. Cyprus joined the EU in 2004. Since the partial lifting, in 2003, of restrictions imposed by authorities in the north on freedom of movement, Greek Cypriots for the first time in large numbers have been able to cross into the northern part of the country – visiting their homes and villages many had not seen since 1974. Increased movement in both directions followed, with over 15 million incident-free crossings. A Greek Cypriot shared his experience of visiting his home for the first time since being forced to flee during the invasion. He discovered that a Turkish Cypriot family was living in the house. To his surprise, the father had meticulously collected and stored all of the owner’s family photos and presented him with the box at that first visit. Similarly, the occupant had placed crosses and other religious articles in the attic for safekeeping. A Turkish Cypriot expressed relief at the fact that some Greek Cypriot friends from his home village were living in his house and maintaining his lands in the southwestern part of the country. Unfortunately, these stories appear to be the exception rather than the rule. Missing Persons Of the many painful consequences of the 1974 invasion, perhaps none is as heartrending as that of missing persons. According to The Committee on Missing Persons, a total of 1493 Greek Cypriots, including five Americans, were officially reported missing in the aftermath of the conflict. Five hundred and two Turkish Cypriots had already been missing, mainly victims of inter-communal violence that erupted in the early 1960s. The remains of one of the Americans, Andrew Kassapis, were eventually recovered and returned. The cases of the other four remain open. The Committee on Missing Persons in Cyprus, established in 1981, facilitates the exhuming, indentifying and returning of remains of missing persons. The CMP mandate is limited in that it does not extend to Turkey. The Greek Cypriot and Turkish Cypriot communities each have one member on the committee. A third member is selected by the International Committee of the Red Cross and appointed by the UN Secretary-General. While in Nicosia, I had an opportunity to be briefed separately by Elias Georgiades, the Greek Cypriot representative and Christophe Girod, the UN representative. Operating on the basis of consensus, the committee does not attempt to establish the cause of death or attribute responsibility for the death of missing persons. Since becoming operational in 2006, an anthropological laboratory has analyzed the remains of several hundred individuals. According to the committee, remains of 530 individuals have been exhumed from more than 273 burial sites throughout the country. Of remains examined at the forensic facility, the youngest individual was 10 months old and the oldest 86 years old. Walking though the lab I noted that most of the remains under examination had visible signs of gun wounds to the head. The remains of over 160 individuals have been returned to family members as a result of the bi-communal field teams and forensic work undertaken at the lab. The U.S. contributed funds for a family viewing facility which opened in 2008. Land Mines A briefing at the Mine Action Center in Cyprus provided insight into another legacy of the 1974 conflict, the presence of thousands of anti-personnel and anti-tank mines. Established in 2004, the center has assisted in planning, coordinating and monitoring of demining operations, including land surveys as well as the actual clearance and disposal of mines. While thousands of landmines have been cleared to date, thousands more remain. The center’s goal is a mine-free buffer zone by the end of 2010. In addition to efforts undertaken within the framework of the UN, Cyprus’ National Guard has worked to clear anti-personnel mines. Of the 101 known or suspected minefields in the country about half are in the UN monitored buffer zone, with most of the remainder nearby. Briefers underscored the continued threat posed by minefields adjacent to the buffer zone, recounting incidents of migrants trying to cross from the northern part of the country to the government-controlled south finding themselves surrounded by mines. Farmers on either side of the buffer zone are also at risk as they seek to cultivate the arable farming lands bordering the area. The experts described the clearing operations involved in the opening of the Ledras Street pedestrian crossing point in the middle of the Cypriot capital, Nicosia, in April 2008. The Mine Action Center is assisting in clearing operations paving the way for the opening of additional crossing points. In late June, President Christofias and Mr. Talat reached agreement on the opening of the Limnitis crossing point with access to and from Kokkina in the remote northwest, offering an opportunity for development and integration by Greek Cypriots and Turkish Cypriots. The United Nations has maintained an operational force on Cyprus since the establishment of the United Nations Peacekeeping Force in Cyprus (UNFICYP) in March 1964, following the outbreak of intercommunal violence. The force, one of the longest existing UN peacekeeping missions, consists of 858 troops, 68 police, and 160 civilians. UNFICYP is responsible for maintaining the status quo along the de facto ceasefire lines of the Cyprus National Guard, to the south, and Turkish and Turkish Cypriot forces to the north and a buffer zone between the two. The buffer zone stretches 111 miles from east to west, with 214 square miles of land between the lines, constituting about three percent of the country’s territory. The distance of separation varies from barely more than an arm’s span in some places to about four miles. Numerous villages, including Pyla, mentioned above, are located in partially or entirely in the buffer zone. The once bustling seaside city of Famagusta along the east coast remains deserted, a veritable ghost town, as it has since the mainly Greek Cypriot population was forced to flee during the second phase of the Turkish invasion in August 1974. A center for commerce and tourism, the city and surrounding region was the second largest in the country prior to the evacuation. It is home to nearly half of the people uprooted by the conflict. Standing on the beachhead just north of the city in the Turkish-controlled area the unpopulated city stretched as far down the coast as I could see. Abandoned hotels and high-rise apartment buildings rise from the sandy shore standing as a collection of steel skeletal frames liberated of their contents by plunder and the passage of time since their occupants were forced to flee. Religious Cultural Heritage The ancient Roman city of Salamis, located a short distance from Famagusta on the east coast, was the arrival point for St. Paul on his first missionary journey, accompanied by St. Barnabas, a native son of that city. Paul eventually made his way to Paphos, on the opposite side of the island, where his preaching led to the conversion of the Roman Proconsul, making Cyprus the first country governed by a Christian. A short distance from Salamis is the village of Enkomi, where according to tradition, Barnabas’ remains were buried following his martyrdom. Among minorities throughout the country recognized by the 1960 constitution are: Maronite Christians number approximately 5,000; Armenians 2,500; and Latins (Catholics) 1,000. The overwhelming majority of Cypriots are Orthodox, with Muslims comprising the next largest faith community. His Beatitude Chrysostomos II has served as Archbishop of New Justiniana and All Cyprus since November 2006. During our meeting he underscored the long history of harmony among faith communities in Cyprus. The archbishop voiced particular concern for those displaced by the 1974 invasion and stressed the importance of upholding human rights, including the rights of individuals to return to their homes. He contrasted the efforts taken by the authorities with the support of the Church to preserve mosques in the government-controlled area with the destruction of religious cultural heritage, including churches, monasteries and chapels in the north. Archbishop Chrysostomos II, who was joined by the Bishop of Karpasia, described the challenges faced by clergy seeking to travel to the occupied north, including those seeking to participate in religious services. The rare Orthodox services that are allowed to be conducted in the north are mainly for feast days of several saints, notably St. Mamas and St. Barnabas. Even such exceptional occasions have occasionally been marred by security forces preventing worshipers from crossing into the area. The Archbishop said that the Church would soon file a formal case with the European Court of Human Rights regarding its religious sites and other property in the occupied north. In the aftermath of Turkey’s 1974 military invasion and ongoing occupation of the northern part of Cyprus, a precious piece of the country’s cultural heritage is at risk of collapse – Orthodox churches, chapels and monasteries as well as those of other Christian communities. According to Archbishop Chrysostomos II, over 500 religious sites in the area have been seriously damaged or destroyed. During my travels throughout the region, I visited a score of churches – each in various stages of deterioration, all plundered. In Lapithos, in the Keryneia region, the Agia Anastasia complex is now a tourist resort. I found the Monastery of Ayios Panteleemon, in Myrtou, reduced to little more than a pigeon coup, with bird droppings everywhere – a scene I encountered repeatedly. In each church visited the interiors were stripped of religious objects, including altars, iconostasis, icons, and fonts. In some, it was clear how frescos had been chiseled out of walls and ceilings. It was a surprise to see a single bell still hanging in one of the many bell towers I saw. The main church in Rizokarpaso and a few elsewhere in the Karpas region were noteworthy for the fact that they even had doors; most others I visited did not. One of the countryside churches I visited was being used for storage, with heavy farm equipment in the yard and plastic crates and large tractor ties filling the interior space. In Keryneia, I found that a small chapel in the port was being used by the authorities as a tourist information center and snack bar. According to Church sources, others have been converted into stables, shops, and night clubs. In the village of Kythrea, a small Catholic chapel was reduced to a shell with no roof. Most of the main church had been converted into a mosque, along with a couple of others in the town, but for some reason a quarter of the structure remained in ruins. Another church, Agios Andronikos, located nearby was heavily damaged, with the rubble of the collapsed roof strewn about the interior space, with traces of frescoes still visible on the exposed walls. In the village of Stylloi, in the Famagusta region, the Profitis Ilias Church yard also serves as a cemetery. There I found desecrated ruins of graves with all of the crosses broken off of their bases and smashed. A shed in the corner of the yard was stacked with broken crosses and headstones. Another cemetery a short distance away was similarly in shambles. An adjacent Muslim cemetery was in meticulous condition. The U.S. Agency for International Development has supported a number of restoration projects in the occupied north, including work at the Agios Mamas Church in Morfou, operated mainly as an icon museum. In Keryneia, the prominent belfry of the Archangelos Mikhael Church disguises the fact that the once venerated site has likewise been converted into an icon museum. Such collections reportedly contain a small fraction of the thousands of icons, sacred vessels, vestments, manuscripts, frescos, and mosaics looted from churches, chapels and monasteries in the north. Many stolen icons and other antiquities are placed on the auction block for sale on the international market, some making their way into U.S. collections. The Byzantine Museum, in Nicosia, featured an exhibit: “Hostages in Germany: The Plundered Ecclesiastical Treasures of the Turkish-occupied Cyprus.” In a recent case, two icons from the early 1600s taken from a church in the northern village of Trikomo, were seized in Zurich by Swiss police. In stark contrast to the situation in the occupied area, in Nicosia I visited the Ömerge Mosque housed in the 13th century Church of St. Mary built by the Augustinian religious order. The recently refurbished mosque is a functioning place of worship. A short distance away in the old walled city is Bayraktar Mosque. When I visited the site there were large pallets of stone to be used to renovate the plaza in the mosque complex. Another example is the Mosque of Umm Haram, or Hala Sultan Tekke, a mosque and prominent Muslim shrine, located in Larnaca, southeast of the capital. According to Cyprus government sources, scores of other mosques and other Islamic places of worship are maintained in the south. A visitor to Cyprus need not look far to discover the scars left by the artificial division of the country following the 1974 invasion and ongoing occupation. Since my earlier trip to that island nation eleven years ago, there has been progress on some fronts, most noticeably in terms of freedom of movement since the partial lifting, in 2003, of restrictions imposed by authorities in the north. According to officials, the majority of Turkish Cypriots hold Cyprus-issued EU passports, affording them free movement throughout the EU area, employment opportunities in member countries and other benefits. In addition, thousands of Turkish Cypriots cross into the south daily for work. Other steps have come about as a direct result of the talks between the leaders of the two communities initiated last year. It remains to be seen, however, if the current negotiations will produce a comprehensive and durable resolution to the challenges in Cyprus. Beyond practical steps to ease the day-to-day lives of Greek Cypriots and Turkish Cypriots, key principles such as sovereignty, independence, and territorial integrity as well as respect for human rights and fundamental freedoms are also at stake, with implications for conflicts elsewhere. Numerous earlier diplomatic initiatives were launched, but in the end failed. A particular challenge remains the thorny issues of the tens of thousands of Turkish troops and settlers from mainland Turkey still in Cyprus today, outnumbering Turkish Cypriots. Other factors, especially Turkey’s stated desire to join the EU, should not be discounted and could prove decisive to the ultimate success or failure of the current process. Meanwhile, Christofias and Talat and their teams grapple with an array of tough issues as they seek to overcome the legacy of the past 35 years and build a brighter future for all Cypriots.
By Nathaniel Hurd,
Senior Policy Advisor
The Commission for International Justice and Accountability is a non-governmental organization that investigates atrocity crimes and terrorism committed during conflicts and prepares evidence for prosecutions in criminal trials. Chris Engels is a lawyer with more than 15 years of international experience. In 2016, he testified before the Helsinki Commission on bringing perpetrators of genocide and related crimes to justice. This interview covers the work of CIJA and Engels, U.S. national security interests, legacy, and current efforts on accountability for international crimes and terrorism, the support of Congress, and how being an American from Mississippi shaped Engels’ life and career.
What is the Commission for International Justice and Accountability?
CIJA’s core work is to collect evidence of international crimes such as genocide, crimes against humanity, war crimes, and terrorism committed during conflicts. Our current investigations include Iraq, Syria, Burma, and the Central African Republic. We have seen in our careers that evidence against dictators, military leaders, terrorist groups and others who committed terrible crimes, often against their own citizens, is destroyed, stolen, or hidden away by those responsible for these crimes. Because it is close to impossible for government law enforcement or international organizations to work in these places, given the security issues related to operating in an active conflict zone, we have taken on this task. We are able to collect, preserve and analyze all types of evidence, including paper documents, hard drives, laptops, and smart phones as well as open source and social media materials. We also speak to witnesses, whether they be victims, bystanders or those who had some role in the organizations that we are looking into. An important part of this work is to bring together evidence that demonstrates the responsibility of leaders who hide behind layers of command, who don’t get their hands dirty but are most responsible for the terrible crimes they plan and order others to commit.
We also work with governments that are trying to deal with insurgent groups in their own countries. It’s completely reasonable that governments have little experience dealing with collection and analysis of evidence of these types of crimes, until they are attacked by an armed group. We’ve been dealing with these crimes for a long time and can advise and assist them as they fight to stop an insurgency and build cases against those who are responsible for the crimes. We help ensure that the right people are prosecuted for the full range of their crimes.
The job is challenging, but we have a great group of people working with us who are highly motivated to make sure these criminals don’t get away with their crimes. Our team is made up of investigators, analysts, lawyers, and security professionals from a number of countries, with experience in all of the recent conflicts around the globe. We are also a local organization in a way, because we have team members from the countries we work in who are incredibly committed to bringing to justice those who are tearing their countries apart. Together, we are a unique and dedicated group. That’s the key to our success.
Religious and ethnic minorities, like Christians and Yazidis, were targeted by ISIS for genocide, crimes against humanity, and war crimes. What work has CIJA done on atrocity crimes against these groups?
CIJA is designed to tackle these challenging issues. We have done a great deal of work to identify those ISIS members responsible for crimes against minorities such as Yazidis and Christians, and we hope to do more. I believe that our work not only promotes justice for minority victims, but also helps to cut through political rhetoric and get to the facts. On the one hand, criminal investigations will lead to the individuals responsible being brought to justice. This is key for any community.
We need to make sure that those who target minority groups are not allowed to go free, particularly in the same areas, living amongst the same groups that they killed, tortured and abused. At the same time, some people see these terrible crimes committed against minorities as a political issue, and then might refuse to label crimes a genocide or crimes against humanity for political reasons. Providing high quality evidence of the crimes committed, can minimize the politics involved and redirect people to the important issues, the safety of minority communities, justice for past crimes, and the right to return to and remain in their homes and their communities as quickly as possible.
What is human rights documentation? How is it different from the work of CIJA?
CIJA is the first, and still only, nonprofit set up to collect and analyze evidence of international crimes during conflict for prosecution. Other groups conduct what you’ve called human rights documentation. This is different in form and substance. Human rights documenters focus on collecting information and statistics on crimes committed. They then publish reports in order to raise awareness of crimes and lobby for other governments to get involved. This is noble work, unfortunately today, we see in Syria a situation where it is possibly the most heavily documented conflict in history from a human rights advocacy perspective, but this great work has not slowed the abuses committed in the country.
Another difference is that CIJA investigates up to a criminal law standard, documenting the chains of custody of materials for example so that the evidence can be used successfully at trial. This level of evidence collecting is not needed for human rights documentation. Also, we are committed to working with law enforcement. Human rights documenters do not always want to work with law enforcement, because they want to remain independent in their reporting or because they do not have consent of their sources to share information with law enforcement. This all makes sense for their work. We simply have a different focus
Who funds CIJA?
We have had a number of donors over the years. Our current donors include the United Kingdom, Canada, the European Union, Germany, Demark, the Netherlands, and Norway.
Describe your work as Director for Investigations and Operations.
There is plenty of variety in my work, and I enjoy that. I am constantly on the road meeting with our field team members, working with local law enforcement, talking to witnesses, and training others to do this type of work. Of course, I spend some days in the office behind a computer hammering out management reports, doing research, writing up notes of interviews, and managing the operational side of the organization. That includes sitting with our team leaders to work out investigative plans, addressing security issues across the different conflict zones and countries where we have people, and developing strategies for our future work. I work with a great team full of dedicated people who all work hard. It is not always the case that you get to work with a competent team that enjoys their work. I am extremely fortunate to have such a professional and passionate team at CIJA.
Describe CIJA’s collaboration with the Department of Homeland Security, FBI, and other U.S. government entities.
By design, CIJA has a strong relationship with U.S. law enforcement. CIJA’s primary goal is to assist in the prosecution of those responsible for the terrible crimes committed during conflicts. We have the advantage of being able to operate safely in conflict zones with unique skills to preserve the materials we collect in a way that they can be used at trial. This is the key to our success. We are not interested in writing reports, human rights advocacy or political discussions. Those things are, of course, important. But CIJA focuses simply and solely on collecting evidence to ensure dictators, terrorists, and their cronies who kill, torture, and rape civilians do not escape justice. Once we have done our job, the information needs to get to law enforcement so that justice can be done.
To do that, we work with any legitimate governmental agency that is investigating these types of crimes including the FBI and DHS. We are happy to work with them and believe it is our responsibility to do so. We received over 500 requests last year to assist in law enforcement investigations and the number is increasing this year. In the United States, this work has a national security element as well. If we can stop these criminals from getting into the United States, then we are all better off. By collecting evidence now, we can identify those who are responsible for these crimes and this information can assist in making sure they do not get visas and are not allowed to enter the United States. You can see how this information provides important data necessary to secure our U.S. borders against international criminals.
Have members of Congress supported the work of CIJA?
Oh yes. The best example of this is probably from congressional hearings on the issue. I have had the opportunity to appear before the Helsinki Commission and the Lantos Commission to discuss international criminal justice. Helsinki Commission Chairman Senator Wicker and Co-Chairman Congressman Smith, are both great supporters of this type of work and they fully support our justice efforts. More generally, you can see the will of Congress to support this type of work in the many resolutions, laws passed, and bills still making their way through Congress–like H.R. 390 (Iraq and Syria Genocide Emergency Relief and Accountability Act). It is clear to me that Congress supports justice for victims of these crimes and sees the value in making sure dictators and terrorists are brought to justice, giving notice to those who may consider similar paths in the future.
How is this work relevant to the national security of the United States?
It is directly relevant in many ways. For example, we have spent the last four years investigating individuals associated with Islamic State in Syria and Iraq. We have collected a great deal of evidence on fighters who had no plans to leave Syria when they arrived. Those who were completely happy to participate in the terrible crimes committed against civilians while Islamic State was winning the fight. Today, with the near totally defeat of Islamic State in Syria and Iraq, we see that many of these fighters are now trying to get back into Europe and eventually will attempt to make their way to America. The evidence we have will help ensure these individuals are not allowed to travel freely, and if they do try to do so, they will be arrested and prosecuted.
I’d say a second benefit is that our evidence shows clearly that these so-called holy warriors were in reality drug traffickers, human traffickers, rapists, slavers, thugs and criminals that simply used their power to exploit and abuse anyone they chose for any reason. I think this helps open the eyes of some vulnerable young people who might join these types of groups. Islamic State has made good use of propaganda, but the reality is very different. Demonstrating this with strong evidence is a necessary part of any effort to stop the ideology from spreading into the country. We are happy to be working on that.
It’s also important to say that governments that do not respect the rights of their own people certainly do not respect the rights of other people. It is not a coincidence that many governments which permit or even actively engage in the murder, torture, and rape of their citizens also protect, harbor, and even support people engaged in international terrorism. Regimes willing to engage in atrocities often become exporters of that terror to the United States and our allies at home and abroad. When the international community holds officials accountable for their crimes through fair trials, not only is justice served but it can also deter those who threaten peace and security from acting in the future.
What is the American legacy, past and present, on this work?
America’s leadership has promoted international justice from its earliest days. We were the engine behind the Nuremburg Tribunal and the other post-WWII prosecutions. We were a driving force for the Yugoslav and Rwanda tribunals. America has been an advocate of justice across the world and ready to stand up against dictators who were killing their people. This process is never simple; it’s often messy. But we as a people have pushed forward this sense of responsibility to protect others who cannot protect themselves. I believe that is a noble American trait that should preserved.
What is it like being an American doing this work? What do you tell people abroad about your home country and home state? Do you miss home when you are abroad?
Absolutely, I miss home when I am abroad. I think there are a lot of people working internationally who used this type of work to get out of the place they came from for whatever reason. That is not me. I love Mississippi; my family is there and so are the catfish and the crawfish. I believe in the work I do and that work takes me all over the world, but Jackson is my home. To put it more succinctly, the first house I bought was in Jackson, and I assume the last house I live in will be in Jackson as well.
That is not to say I do not enjoy my time abroad. Even after 15 years or so of working overseas, I still feel lucky to be out in the world meeting interesting people from different backgrounds, hearing their stories and sharing some of my own Mississippi stories as well. Mississippi is complex, with all its relaxed, humid goodness mixed up with its troubled history. We all know, if you don’t keep an eye on that history, it will try to catch back up with the present, and I think most Mississippians are mindful of that.
I used to be frustrated by all the preconceived notions people had about the South, but I got over that long ago. Sometimes, though, I have to remind people that I didn’t just pop out of the screen from a Hollywood movie or some anachronistic South, lacking culture and grammar, divided into two simplistic race-based groups that perpetually make bad decisions that keep them both poor and ignorant. To tell the truth, I still find it amusing and a little ironic that people who have never visited the South are okay with telling me about how bad things are in the South, but do not see any problem with stereotyping a whole region based on their limited information.
I also think that Americans are often criticized for stereotyping or profiling other countries and regions based on limited information. But that mistake is universal. Every place, every people, every country is complex. Just living in a foreign country will teach you that and the learning will be quick. That’s what makes things interesting. The complexities and differences provide us with opportunities to think differently, act differently, and appreciate new perspectives. We in Mississippi can learn from the complex challenges people in other nations have faced. But we have much to share with them as well.
More importantly, I run into tons of people who know something about Mississippi, whether it’s because of their love for blues or food, they have family or friends in Mississippi, or they’ve visited and want to talk about their next visit to the South. It’s great to talk to those people whether in Europe, the Middle East, Asia or on a plane in between. I also find plenty of people who are mystified by the South and want to know more. As you’ve probably guessed, I have plenty to say on that topic.
There is more to be done to bring communities together in the South, but this experience can be a positive. We have come a long way as a group of people, while still facing relative poverty and still building trust across communities. There is a message in this work for those that are experiencing a civil war or reeling from its immediate aftermath. It’s a long road and not everyone is on board, but our example can give hope to those who currently have little reason to believe their tomorrow will be any better than their today.
Describe growing up, going to college, and living in Mississippi.
I grew up during a sweet spot in time for a Southerner, I believe. Being born in the mid-70’s, I spent my youth without the Internet. This not only freed up a great deal of time to run around in the woods, paddle down rivers, and occasionally act like I was fishing, but it also meant I was sort of sequestered, unknowingly, from the rest of the world. I also saw a changing South, and a changing Mississippi. By the time I could remember things going on around me, the great unrest of the civil rights era had shifted to a time of Southern-paced reconciliation and while no one would say it was perfect, we were moving forward as Mississippians throughout my youth. I think that reconciliation, like justice, is not something to be completed; it is an ongoing process and must be consciously acted upon by each generation. Looking back, I think we were doing that in my youth.
I also picked up a great deal about fairness and respect for individuals from living in Mississippi. We are a people who believe in the power of the individual to change his or her place in life and that those who abuse their power should not be allowed to take advantage of folks. There is a balance in Mississippi between not getting involved in another person’s business and standing up when someone is being mistreated. I think that, as simplistic as it might sound, is the root of my drive to do this work.
Mississippi is my home. My family and friends are in Mississippi. My house is in Mississippi. I vote in Mississippi, and I am a member of the Mississippi Bar Association. I spend a lot of time in foreign countries because my work requires it. When people ask me where I am from, I am proud to tell them I’m from Mississippi. I love to tell the story of Mississippi, and when I’m home, I love to live that story.
What about your experience as an American, specifically one from Mississippi, has fueled your commitment to justice, accountability, counter-terrorism and preventing violence extremism? What have you learned as an American, from Mississippi, that formed how you see others?
I think my experiences growing up have given me some small level of insight into the desire of those I work with to reconcile and rebuild a peaceful and successful society that is better for their children. It’s not just about bringing those to justice who are responsible for these atrocities, it is also about bringing society back together, reconciling after these conflicts, and justice is an important part of that. In Bosnia for years after the war, women walked down the street and saw their rapists, men saw their torturers and young children saw those who executed their fathers and mothers. Communities cannot mend without justice. Martin Luther King Jr. said it well, “True peace is not merely the absence of tension: it is the presence of justice.” I like to think my work helps to ensure that justice is present for dictators and war criminals wherever they might be.
Yes, some would consider investigating atrocities in Syria and Iraq a dangerous job, and sometimes it might even seem futile given the fact the conflict has lasted so long, but I believe the time will come when the world will try those responsible, and when that time comes CIJA’s work will ensure that the proper evidence is ready and available. In the meantime, we are constantly working with law enforcement agencies around the world to arrest and prosecute those who leave Syria and Iraq and are found in countries willing to bring them to justice.
What are the most satisfying aspects of your job?
I hate that there is a need for my job, but I love doing it. One of the most satisfying parts of my job is to see criminals who thought they were going to get away with torturing and killing their own people, their neighbors, and former classmates, arrested and prosecuted for their terrible acts. But it’s not just about bringing those powerful criminals to justice, it is also about bringing society back together and reconciling after these conflicts. Ensuring those who were most responsible are taken out of the mix and are serving out criminal sentences for their crimes is key to making sure the rest of the society can move forward. I don’t believe we can solve all the problems in the world, but I want to do a good job at this small piece of it. If I can do that, then I feel like all the time and energy is worth it.