The 2017 Human Dimension Implementation Meeting: An OverviewFriday, August 18, 2017
Each year,1 the OSCE Office for Democratic Institutions and Human Rights (ODIHR) organizes the Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. The 2017 HDIM will be held from September 11 to September 22. Human Dimension Implementation Meeting 2017 The HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma. Each year, three special topics are selected for a full-day review. 2017 special topics will be 1) ensuring “equal enjoyment of rates and participation in political and public life,” 2) “tolerance and nondiscrimination,” and 3) “economic, social and cultural rights as an answer to rising inequalities.” This year’s meeting will take place at the Warsaw National Stadium (PGE Narodowy), the site of the NATO summit earlier this year. The meeting will be webcast live. Background on the Human Dimension Implementation Meeting When the Helsinki Final Act was signed in Finland in 1975, it enshrined among its ten Principles Guiding Relations between Participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the Final Act included a section on cooperation regarding humanitarian concerns, including transnational human contacts, information, culture and education. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as trafficking in human beings and refugees), and concerns relating to tolerance and nondiscrimination (e.g., countering anti-Semitism and racism). One of the innovations of the Helsinki Final Act was agreement to review the implementation of agreed commitments while considering the negotiation of new ones. Between 1975 and 1992, implementation review took place in the context of periodic “Follow-up Meetings” as well as smaller specialized meetings focused on specific subjects. The OSCE participating States established permanent institutions in the early 1990s. In 1992, they agreed to hold periodic Human Dimension Implementation Meetings” to foster compliance with agreed-upon principles on democracy and human rights. Additional changes to the modalities for the HDIM were agreed in 1998, 2001, and 2002, which included shortening the meeting from three weeks to two weeks, and adding three “Supplementary Human Dimension Meetings” annually on subjects selected by the Chairmanship-in-Office on particularly timely or time-sensitive issues. One of the most notable features of the HDIM is the strong participation of non-governmental organizations. The United States has been a strong advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE modalities allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. 1 In exceptional years when the OSCE participating States hold a summit of heads of state or government, the annual review of human dimension commitments is included as part of the Review Conference which precedes the summit, and also includes a review of the political-military and economic/environmental dimensions.
Human Smuggling and Human Trafficking: A Distinction that Makes a DifferenceFriday, July 28, 2017
By Allison Hollabaugh, Counsel Headlines in the United States last week were filled with the horrific tragedy in San Antonio, Texas, where at 10 lives were lost and 20 others hospitalized with heat stroke after dozens of migrants were trapped inside the stifling trailer of a truck. More would have died on their road to a new life if someone from the truck had not bravely sought water from Walmart employees. Newspapers and some officials across the country were quick to headline the tragedy as a “human trafficking crime”—but soon corrected “trafficking” to “smuggling.” Why? Smuggling and trafficking are different crimes requiring different responses. (There are not yet enough facts available in this case to determine if any of the migrants also were victims of trafficking.) Confusing the terms does the vast majority of trafficking victims no favors, and in fact makes it more likely that trafficking victims in need of rescue will be overlooked. Smuggling vs. Trafficking The defining characteristic of human smuggling is transportation and is generally defined by the Department of Homeland Security as “importation of people into the United States involving deliberate evasion of immigration laws,” including moving irregular migrants across national borders as well as “unlawful transportation and harboring” of irregular migrants already in the United States. By contrast, while transportation does occur in many human trafficking cases, human trafficking does not require movement. The defining characteristic of human trafficking centers on commercial exploitation akin to slavery. Specifically, human trafficking is defined in U.S. law as: Sex trafficking in which a commercial sex act is induced by force, fraud or coercion, or in which the person induced to perform such act has not attained 18 years of age; or Recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery. The Palermo Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, which has been ratified by all of the Participating States of the Organization for Security and Cooperation in Europe (OSCE), echoes the “exploitation” focus above, specifically stating that “Trafficking in Persons” means the following: [T]he recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs[.] Irregular migrants are particularly vulnerable due to their undocumented status, and may suffer human trafficking en route to or after arrival in the destination country. Some smuggling networks overlap with trafficking networks or deliver irregular migrants to traffickers. Migrants who voluntarily enter a country outside regular channels are sometimes saddled with huge “debts” by the smugglers, who then force them into debt bondage—a form of human trafficking. As the Special Representative on Human Trafficking Issues to the OSCE Parliamentary Assembly, Rep. Chris Smith, noted in his recent report to the annual session, the overlap of smuggling and trafficking networks in OSCE region is particularly notable among migrants originating in African countries. He noted that the International Organization for Migration reported last year that 80% of arrivals from Nigeria may have been victims of sex trafficking, forced labor, and/or trafficking for the purpose of organ removal. Gambians, Ghanaians, Guineans, and Ivorians—especially the youth—also had strong indicators of human trafficking. Identification and Protection of Trafficking Victims The difficulty for border guards and law enforcement is discerning who among irregular migrants actually needs rescue from a trafficker and access to rehabilitative services. The United States and many other OSCE participating states conduct special anti-trafficking training for border guards. Given the current influx of migrants into the OSCE region and resulting expansion of law enforcement contacts with irregular migrants, the Special Representative and Co-ordinator to Combat Trafficking in Human Beings for the OSCE, Amb. Medina Jarbussynova, has initiated and implemented a special Extra Budgetary Project to train law enforcement who come in contact with irregular migrants how to identify trafficking victims. In the United States, a foreign national who is likely a victim of human trafficking is offered the same level of care and services that is offered to refugees. Likely victims are also offered temporary legal status and the opportunity to apply for a T non-immigrant visa. The number of these visas, as well as the funding for assistance is limited—underscoring the need to identify among irregular migrant populations which individuals are in need of special services. However, the vast majority of trafficking victims found in the United States are not irregular migrants, or otherwise foreign nationals. In 2016, the United States identified nearly 800 foreign nationals in need of special assistance due to suspected trafficking in the United States. This is in contrast to the 3,732 U.S. citizens and Legal Permanent Residents who received special services as trafficking victims. The disparity in numbers may be because it is more difficult to find foreign national victims. However, it is more likely due to the persistent truth that trafficking victims are just as likely, if not more likely, to be citizens, or otherwise legally present, in the country in which they live. At the beginning of the anti-trafficking movement about 20 years ago, advocates and law enforcement were looking for enslaved irregular migrants. It gradually became apparent that the trafficking suffered by foreign nationals was also happening to citizens, it was just called something different, like “child prostitution” or a “labor violation.” Law enforcement began to see, and respond appropriately, to domestic human trafficking. Anti-trafficking advocates still struggle to educate policy makers, police, prosecutors, judges, social welfare agencies, and communities to recognize human trafficking in all its forms. The manifestations of exploitation are many and constantly changing; it can look like a child begging on a corner, a woman unable to leave the home where she is a domestic servant, a young girl forced to participate in the making of pornography, a foster kid engaged in survival sex on the street, the busboy at a restaurant, a woman working in a nail salon, a door to door salesman, a legal visa holder advertised as an escort online—or an irregular migrant smuggled not to freedom but into trafficking. Focusing primarily on exploitation rather than origin or movement as the core feature of human trafficking will ensure that the United States and OSCE Participating States continue to correctly identify and help more trafficking victims become survivors every year.
The 2017 OSCE Asian Partners ConferenceMonday, July 17, 2017
By Janice Helwig, Policy Advisor and Representative of the Helsinki Commission to the USOSCE From June 19 to June 20, 2017, approximately 150 representatives of governments, academia, and international organizations from 41 OSCE participating States and seven Partners for Cooperation gathered in Berlin for the annual OSCE Asian Partners. The venue of the annual conference rotates among the five OSCE Asian Partners for Cooperation; however, as this year’s chair of the Asian Partners Contact Group, Germany hosted rather than Afghanistan. The conference, with a theme of “Common Challenges and Common Opportunities,” opened with a high-level session in which participants discussed security challenges in the OSCE and Asian regions. H.E. Adela Raz, Afghanistan’s Deputy Foreign Minister for Economic Cooperation, described the growing complexities of combating terrorism, including an increase in foreign terrorist fighters, links between international organized crime and terrorist financing, and the vulnerability to recruitment of unemployed and marginalized youth. The session also focused on threats stemming from North Korea’s nuclear and missile testing programs, territorial disputes in the South China Sea, and cybercrime. A second session focused on connectivity and regional economic cooperation, particularly between Afghanistan and the countries of the Central Asian region. Participants discussed various initiatives to foster trade along the historic Silk Road, including building roads, railways, and modernized ports, as well as developing digital and financial connectivity. The third session looked at three specific United Nations Sustainable Development Goals –, goal 4 on ensuring inclusive and quality education for all, goal 5 on achieving gender equality, and goal 16 on promoting peaceful and inclusive societies – and opportunities for the OSCE to support them. Common priorities discussed included increasing access to and funding for quality education, combating violence against women, and promoting human rights and the rule of law. A side event organized by the OSCE focused on a project to increase women’s participation in water management and promote confidence-building between Afghanistan and Central Asia. Women play a major role in household use of water in the rural areas of the region, but often have little say in decisions concerning water management. The OSCE project fosters the development of a regional network of female water professionals from state agencies, NGOs, research institutes, and water users associations and providing capacity building in negotiation and mediation skills.
Using Technology to Protect Children from Online ExploitationThursday, June 29, 2017
By Allison Hollabaugh, Counsel Helsinki Commission Co-Chairman Rep. Chris Smith, the Special Representative for Human Trafficking to the President of the OSCE Parliamentary Assembly, has registered a supplementary item for this year’s Annual Session in Minsk, Belarus, titled, “Preventing Child Sexual Exploitation Online through Advances in Technology.” Smith’s supplementary item examines the ways protections for children have lagged behind technology, leaving children vulnerable. “Impressionable children in most of the OSCE region have unrestricted access on any web-capable device to every conceivable form of pornography—even the most violent and vile acts—and that exposure has measurable impact on their vulnerability to sexual exploitation,” Smith said. “Tragically, we are seeing children targeted and further victimized as they are exposed to pornographic websites,” said Smith. Studies Show Correlation between Youth Access to Pornography, Sexual Exploitation Similar to earlier studies, a 2016 study in the Journal of Interpersonal Violence (Stanley et. al) of 4,564 young people aged 14 to 17 found in boys a statistically significant correlation between viewing online pornography and committing sexual coercion and abuse. Importantly, this study was conducted in five OSCE participating States. A definitive study in the European Journal of Developmental Psychology (Bonino, et. al, 2006) found that adolescent girls who report viewing pornography are more likely to report being victims of sexual harassment or forced sex at the hands of male friends or acquaintances. “We are kidding ourselves if we think unrestricted access to pornography online is not harming our children,” said Smith. “We are allowing them to be actively and passively groomed for trafficking,” said Smith, referring to how child sex abusers are known to lower the defenses of children and condition children to accept sexual abuse as normal by showing children pornography. Age Verification The United Kingdom recently joined Germany, Finland, and Iceland in recognizing that unrestricted access of children to online pornography is a public health concern. In April of this year, the UK’s Digital Economy Act of 2017 became law, empowering an “age verification-regulator,” most likely the British Board of Film Classification (BBFC), to create guidelines on age verification walls for all pornographic websites viewed from within the UK. The age-verification regulator will be able to fine websites that violate the new guidelines. Ultimately, IP addresses in the UK for non-compliant websites could be shut down. The new UK law is in addition to the country’s current requirement that cell phone companies filter content unless the cell phone owner is 18 or older. “All UK mobile operators run content filtering and age verification on their networks, based on the BBFC guidelines,” said Ernie Allen, who led the Center for Missing and Exploited Children in the United States and International Center for Missing and Exploited Children for more than 25 years. “If a customer tries to access an 18+ site and has not age verified, he or she receives a notice on the site that they may not access it until they have age verified,” Allen said. Verification may be accomplished by visiting the cell phone store and showing identification, or logging into a designated website and using a credit card. Cardholders must be 18 or older to have a credit card in the UK. To make sure the card is not “borrowed” from a parent, one pound may be deducted to give notice to the credit card owner that their card has been used for age verification. The data repository already created by the UK cell phone requirements could be used to inform age verification for pornographic websites. In addition, the data repository created by the UK’s Gambling Act of 2005, which imposed age restrictions for online gambling, could also be used to verify age. Visitors to pornographic websites could enter their gambling account number, which would then be authenticated by the website. The pornography industry has recently come out with its own age verifying system, AgeID. After an account is created on AgeID, the account number would be sufficient for age verification. Other companies are offering biometric options, using apps to verify that a passport showing the appropriate age belongs to the person offering the passport as verification. “We now have the technology to protect children online,” said Allen. “A few data points sent to a third party can effectively verify age without necessarily disclosing identity.” The pending supplementary item received sponsorship from 54 parliamentarians representing 26 countries. President of the OSCE Parliamentary Assembly, Christine Muttonen, has offered her support. Since raising this issue at the St. Petersburg Annual Session in 1999, Rep. Smith has introduced or cosponsored a supplementary item or amendments on trafficking at every annual session of the OSCE PA, including on issues such as prevention of sex tourism, situational awareness for the detection of trafficking victims in transit, and corporate responsibility for trafficking in supply chains.
2017 Trafficking in Persons Report – the OSCE RegionTuesday, June 27, 2017
By Allison Hollabaugh, Counsel Human trafficking remains a pressing human rights violation around the world with the International Labor Organization estimating that nearly 21 million people are enslaved at any given time, most of them women and children. As part of U.S. efforts to combat human trafficking, the U.S. Department of State today released the 2017 Trafficking in Persons Report (TIP Report), reflecting the efforts of 187 countries and territories to prosecute traffickers, prevent trafficking, and to identify and assist victims, as described by the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Trafficking Victim Identification and Care: Regional Perspectives According to the new TIP Report, in the 2016 reporting year, countries in the OSCE region identified 304 more trafficking victims than in the previous year, for a total of 11,416 victims. This increase is particularly notable when compared to the East Asia and Pacific, Near East, South and Central Asia, and Western Hemisphere regions, where victim identification declined, but still maintained a generally upward trend over 2014. Trafficking victim identification and care is critical for proper management of refugee and migrant flows. In order to help law enforcement and border guards identify trafficking victims among the nearly 400,000 migrants and refugees entering the region last year, the OSCE Office to Monitor and Combat Trafficking in Human Beings launched a new project to conduct multiple trainings, including simulation exercises, through 2018. The first training in November 2016 included participants from 30 OSCE participating States. Victim identification and care are also critical for successful prosecutions. Nearly every region of the world saw a drop in prosecutions of human traffickers, but an increase in convictions in the 2016 reporting year. This trend may reflect a growing knowledge among prosecutors of how to successfully investigate and prosecute a trafficking case. It also may reflect an overall increase in trafficking victims who have been identified, permitted to remain in-country, and cared for such that the victims—now survivors—are ready, willing, and able to testify against their traffickers. Despite the dramatic decline in prosecutions (46 percent) in the OSCE region, convictions held steady at nearly the same numbers as the previous year. Individual Country Narratives Along with regional statistics, the TIP Report also provides individual country narratives, recommendations for the most urgent changes needed to eliminate human trafficking, and an assessment of whether the country is making significant efforts to meet the minimum standards for the elimination of human trafficking. Tier 1 countries meet the minimum standards for the elimination of human trafficking. Tier 2 countries do not yet meet the standards, but are making significant efforts to do so. Tier 2 Watch List countries do not meet the minimum standards and are making significant efforts to do so, but have a very large or increasing number of trafficking victims, have failed to demonstrate increasing efforts over the previous year, or lack a solid plan to take additional steps in the coming year. Tier 3 countries do not meet the minimum standards and are not making significant efforts to do so. Twenty-five OSCE participating States qualified for Tier 1 in the TIP Report. Nineteen participating States qualified for Tier 2, including Ukraine, which was upgraded this year after four years on the Tier 2 Watch List. Five participating States were designated for the Tier 2 Watch List, including Hungary, Moldova, Montenegro, Serbia, and Bulgaria.* Four participating States were on Tier 3, including Belarus, Russia, Turkmenistan, and Uzbekistan. States on Tier 3 may be subject to sanctions. Legislation authored by Helsinki Commission Co-Chairman Rep. Chris Smith—who also serves as the Special Representative for Human Trafficking Issues to the Organization for Security and Cooperation in Europe Parliamentary Assembly – requires the TIP Report to be produced every year. In recent years the report has also included an assessment of the United States. Since the inception of the report, more than 100 countries have written or amended their trafficking laws, with some nations openly crediting the report for inspiring progress in their countries’ fight against human trafficking. * OSCE participating States Andorra, Monaco, Lichtenstein, and San Marino are not included in the TIP Report.
World Refugee Day 2017Tuesday, June 20, 2017
By Nathaniel Hurd, Policy Advisor There are more forcibly displaced people in the world today than at any other time in human history. Fleeing their homes because of persecution or violent conflict, refugees sometimes have to leave so suddenly that they are only able to bring the clothes they are wearing and few or no possessions. Many refugees get separated for months or even years from their family and friends and are vulnerable to human smugglers and human traffickers. The UN High Commission for Refugees (UNHCR) estimates that a refugee spends an average of 17 years uprooted from their homes. The scale of the number of refugees worldwide, and even in the OSCE region and that of its partners, is almost beyond imagination. Refugees or IDPs? Refugees are those who have been forced to flee their country and enter another in search of safety. According to UNHCR, by the end of 2016 there were more than 22.5 million refugees worldwide. Nearly two-thirds of refugees come from just four countries: Syria, Afghanistan, South Sudan, and Somalia. Less well-known than refugees, and greater in number, are internally displaced persons. Like refugees, they have had to flee their homes. Unlike refugees, they still reside in their home countries and have not crossed a border into another country. UNHCR estimates that there are almost twice as many IDPs (more than 40.3 million) as refugees worldwide. There is no binding treaty for IDPs and so countries lack the legal obligations—and IDPs lack the full range of legal protections—accorded to refugees. IDPs are often also harder to reach with humanitarian aid, sometimes because their own governments played a role in their displacement and are obstructing access, and sometimes because the conflict itself makes access difficult or impossible. Refugees and IDPs in the OSCE Region The 57 participating States of the OSCE region host more than 5.5 million refugees, including almost three million Syrians who escaped to Turkey. In addition, there are more than one million refugees in OSCE Mediterranean Partner countries, which include Algeria, Egypt, Israel, Jordan, Morocco, and Tunisia. Jordan hosts more than 660,000 Syrian refugees while Egypt hosts more than 122,000 Syrian refugees. Asian Partners for Co-operation, which include Afghanistan, Australia, Japan, the Republic of Korea, and Thailand, host more than 212,000 refugees while more than 2.4 million Afghans are refugees themselves. Mediterranean Drivers of the European Refugee Crisis Conflict and other factors outside the OSCE region have driven the broader European refugee crisis, the largest on the continent since World War II. In 2015, more than one million refugees and migrants crossed the Mediterranean Sea into Europe, and between 3,700 and 4,000 of them—including many children—died or went missing en route. Syrian and Iraqi refugees have been among the large groups among these arrivals. At an October 2015 hearing of the Helsinki Commission, the Regional Representative of the UN High Commission for Refugees testified that shortfalls in funding for responses to the Syrian humanitarian crisis forced reductions in assistance in the region, like a 30 percent cut in food rations from the World Food Program, and was a major trigger in Syrian refugees going to Europe. In 2016, the number of refugee and migrants crossing into the region decreased to around 362,000 and the number who died during the journey increased to more than 5,000. So far in 2017, more than 75,000 refugees and migrants have reached European shores via the same route. More than 1,800 have died or gone missing before making landfall. Almost all of the one million Mediterranean Sea arrivals in 2015 first arrived in Greece (84 percent) or Italy (15 percent). In 2016, Italy received just over 50 percent of the arrivals and Greece just less than half. Of the arrivals this year, Italy has received more than 65,000 (87 per cent) and Greece more than 8,000 (11 percent). Ukraine One major, ongoing refugee and IDP crisis originated in the OSCE region itself. Russia’s ongoing military aggression in Ukraine has forced 1.8 million people – out of a population of more than 44 million – to become internally displaced. More than 3.8 million people in-country need humanitarian assistance. Another 239,000 Ukrainians have become refugees. Looking Ahead Despite the drop in Mediterranean arrivals, the number of refugees who have already arrived in the OSCE from other regions, as well as the ongoing conflict and humanitarian crisis in Ukraine, mean there will likely continue to be millions of displaced persons in the OSCE region and its partners for the foreseeable future. Addressing the political drivers of the underlying conflicts will be essential to enabling safe, voluntary, dignified returns. This information was compiled by Helsinki Commission staff from UNHCR sources, including its staff; the 2016 Global Trends Report; its Operational Data Portal; its Population Statistics Database; and situation reports. Other sources include ReliefWeb, a digital service of the UN Office for the Coordination of Humanitarian Affairs (OCHA).
The OSCE as a Model: Asian InsightsFriday, May 05, 2017
From April 14 to 22, 2017, Helsinki Commission Chief of Staff Ambassador David Killion and Policy Advisor Paul Massaro traveled to Tokyo, Japan and Seoul, South Korea for consultations with these OSCE Asian Partners for Co-operation. Major topics of discussion included the call for a Helsinki Final Act-inspired arrangement for northeast Asia and the heightened tensions on the Korean Peninsula. The future of the OSCE Asian Partners dialogue and further cooperation with the OSCE and other European institutions were also discussed. The OSCE Asian Partners for Cooperation is a grouping of countries in Asia with which the OSCE engages in a perm-anent, active dialogue, recognizing the linkages between European and Asian security. Currently, the OSCE Asian Partners include Japan, which joined in 1992; the Republic of Korea; which joined in 1994; Thailand, which joined in 2000; Afghanistan, which joined in 2003; and Australia, which joined in 2009. Mongolia was previously an Asian partner, having joined the grouping in 2004, but became a full OSCE participating State in 2012. The trip offered Helsinki Commission staff the opportunity to get a firsthand account of the situation in northeast Asia at a critical time, and ahead of the annual OSCE Asian Partners Conference taking place in Berlin later this year. Download the full report to learn more. Contributors: Ambassador David Killion, Chief of Staff, and Paul Massaro, Policy Advisor
U.S. Congressional Delegation Expresses Bicameral, Bipartisan Commitment to Enduring Partnerships with Jordan and IsraelWednesday, March 08, 2017
Helsinki Commission Chairman Senator Roger F. Wicker (MS) led a bicameral and bipartisan delegation of nine Members of the U.S. Congress to Jordan and Israel from February 19-22, 2017 before traveling to Vienna for the Winter Meeting of the OSCE Parliamentary Assembly. This was the first major U.S. Congressional delegation to visit Jordan and Israel, two of the United States’ strongest Middle East allies, since the start of the 115th Congress and the inauguration of President Donald J. Trump. As such, it manifested the United States’ lasting and bipartisan commitment to these partnerships that are vital to defending American interests overseas and at home. In addition to Senator Wicker, the U.S. Delegation included Helsinki Commissioners Rep. Alcee L. Hastings (FL-20), Rep. Robert B. Aderholt (AL-04), Rep. Steve Cohen (TN-09), and Rep. Richard Hudson (NC-08), as well as Senator Lamar Alexander (TN), Rep. Eliot L. Engel (NY-16), Rep. Lloyd Doggett (TX-35), and Rep. Trent Kelly (MS-01). In Jordan, the delegation met with King Abdullah II and reviewed the full horizon of threats and opportunities that lie ahead for Jordan and the United States, particularly concerning the Israeli-Palestinian conflict, Iran, Syria, and the fight against terrorism. The King also shared his views about the economic and social challenges facing Jordan in the near- and medium-term, including slow economic growth, high unemployment, and a massive refugee population. Members of the delegation also had the opportunity to visit a Jordanian military unit and meet with the unit’s United States and United Kingdom military trainers to witness the depth of US-Jordanian cooperation and integration. The delegation also consulted with leading members of Jordan’s cabinet, parliament, business community, and civil society. In Israel, the delegation further discussed regional dynamics with Defense Minister Avigdor Lieberman, Deputy Minister for Diplomacy Michael Oren, and Ministry of Foreign Affairs Political Director Alon Ushpiz. In their capacities as U.S. lawmakers, members of the delegation also met with their counterparts from the Israeli Knesset, including members of the Foreign Affairs and Defense Committee, to discuss the role of legislative institutions in fostering effective foreign policy. In each location the delegation held consultations with the United States’ leading diplomatic and military officers to learn about the work of the United States interagency to strengthen our foreign government partners, communicate our values, protect our personnel overseas, and defend the homeland. Jordanian and Israeli interlocutors commonly stressed the importance of reinvigorating American leadership in the region to address the emergence of power vacuums where pernicious influences thrive. The delegation heard concerns in both countries about the impact of Russia and Iran’s ascendant influence in regional conflicts, particularly Syria. These officials further emphasized the need for the US to shape a coalition of moderate regional countries that can challenge the reach of terrorist groups, radical ideologies, and Iran’s destabilizing foreign policy. The U.S. delegation reaffirmed the United States’ commitment to Israel’s security, which faces threats from virtually every direction on a daily basis. Delegation members also elicited Jordanian and Israeli officials’ views about recent developments in the Israeli-Palestinian conflict and the prospects for peace, particularly the possibility of achieving a two-state solution. Neither Jordanian nor Israeli officials expressed optimism about the near-term feasibility of achieving a final status agreement and establishing a Palestinian state. Although they emphasized different obstacles to achieving peace, both sides acknowledged the significant challenge posed by weak Palestinian leadership and institutions. Members of the delegation also heard about the importance of U.S. foreign aid to Jordan and Israel, two of the world’s largest recipients of American foreign assistance. The delegation heard how such assistance fosters closer coordination and forges lasting partnerships that are unrivaled by the cooperation offered by other regional stakeholders, thus representing a critical mechanism of US influence.
Helsinki Commissioners Champion Security, Human Rights at OSCE PA Winter Meeting in ViennaTuesday, February 28, 2017
WASHINGTON—Led by Helsinki Commission Chairman Roger Wicker (MS), five members of the Helsinki Commission and five other members of Congress traveled to the OSCE Parliamentary Assembly (PA) Winter Meeting in Vienna last week to demonstrate the commitment of the U.S. Congress to security, human rights, and the rule of law in the 57-nation OSCE region. “The OSCE Parliamentary Assembly is vital to shaping the future of our European partnership and contributing to upholding the Helsinki principles. I am pleased that we were able to debate a number of issues – including terrorism, human rights, refugees, and Ukraine – in a constructive way,” said Chairman Wicker. “Americans have a stake in uniting the community of participating nations in comprehensive security. I look forward to the opportunity to seek consensus on these and other issues.” Much of this debate took place in the General Committee on Political Affairs and Security (First Committee), which Wicker chairs. Senator Wicker (MS) was joined in Austria by Helsinki Commissioners Rep. Roger Aderholt (AL-04), Rep. Steve Cohen (TN-09), Rep. Alcee Hastings (FL-20), and Rep. Richard Hudson (NC-08). The Delegation also included Senator Lamar Alexander (TN), Rep. Lloyd Doggett (TX-35), Rep. Eliot Engel (NY-16), Rep. Trent Kelly (MS-01), and Rep. Steve King (IA-04), making the bipartisan, bicameral Delegation the largest U.S. delegation to a Winter Meeting in OSCE PA history. Speaking at the First Committee meeting, Rep. Hudson raised the issue of religious freedom, saying, “Violent extremism and terrorism – including in the name of religion – are real threats that must be countered and the related crimes prosecuted. However, religious affiliation itself is never a justification for detention and imprisonment.” He observed that several participating States, including Russia, misuse laws regarding extremism or terrorism to persecute entire religious groups. In a plenary debate on human rights in times of crises, Rep. Aderholt, who also serves as a vice-president of the OSCE PA, stated, “Since 2014, Ukraine has been in a time of crisis based on the threat posed by Russian aggression. Such a situation could easily lead to deterioration in the human rights situation as well as increased corruption and societal intolerance. To Ukraine’s credit, this has not happened … it must, of course, be noted that there has been a contrasting deterioration in the human rights record in those parts of Ukraine which have been seized by Russia and its separatist proxies.” During the same debate, Rep. King spoke on the situation in Turkey, noting, “Turkey has every right to undertake policies that serve the interests of national security within the bounds of its human rights commitments, including the Helsinki Final Act. There has never been a more critical time to reaffirm that document’s uniquely comprehensive idea of security that considers human rights and the building of democratic institutions as key pillars of a sustainable regional order.” While in Vienna, members of the Delegation also discussed issues confronting the OSCE with the organization's leading diplomatic representatives, as well as the acting U.S. representative to the OSCE. Prior to attending the Winter Meeting, several members of the Delegation also visited Italy, Jordan, and Israel. At the Naples-based headquarters of the U.S. Sixth Fleet, members were briefed on key military issues, including ongoing operations against ISIS; migration flows across the Mediterranean; and Russia’s increasingly assertive regional military posture and activities. In Jordan, Jordanian King Abdullah II received the Delegation and expressed his appreciation for the enduring support of the United States for his government and the Jordanian people. He underscored the importance of American leadership in the region and reviewed the regional and domestic challenges facing Jordan, particularly the security and humanitarian consequences of the civil war in Syria and war against ISIS. In Israel, the Delegation met with Defense Minister Avigdor Lieberman, who stressed the grave and existential threat posed by Iran through its nuclear ambitions, advanced missile program, and regional terrorist proxies. He urged the U.S. to exercise leadership in the region to marginalize destabilizing forces and forge peaceful solutions to conflicts. The Delegation also met with Israeli Deputy Minister for Diplomacy Michael Oren and Political Director of the Israeli Ministry of Foreign Affairs Alon Usphiz, who echoed calls for renewed American leadership in the region and expressed concerns about the instability that arises from power vacuums left by conflicts like the civil war in Syria.
Report on Human Trafficking Issues to the 2017 Winter Meeting of the OSCE Parliamentary AssemblyThursday, February 23, 2017
Since 2004, Helsinki Commission Co-Chairman Rep. Chris Smith has served as the OSCE Parliamentary Assembly Special Representative for Human Trafficking Issues. His 2017 winter report to the President of the Parliamentary Assembly regarding his activities as the Special Representative provides an overview of his meetings with government representatives of OSCE participating States and with the representatives of governments whose citizens are trafficked in participating States. In addition, the report covers implementation of newly enacted best practices in the United States, such as the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advance Notification of Traveling Sex Offenders, which resulted in 1,780 notifications to 64 countries in 2016, and a new bilateral agreement with Slovakia, in addition to an existing agreement in place with the United Kingdom. Along with descriptions of other pending anti-trafficking bills authored by Rep. Smith, the report also explains the upcoming reauthorization of U.S. anti-trafficking law with the Frederick Douglass Trafficking Victims Prevention Act of 2017. In particular, the 2017 law will contain sections reflecting the supplementary items adopted by the OSCE Parliamentary Assembly as well as the 2013 Addendum to the OSCE Action Plan to Combat Trafficking in Human Beings, such as better oversight of government procurement to prevent purchase of goods tainted by human trafficking, and training for flight personnel and the hotel industry to identify and properly report suspected cases of human trafficking. Finally, the report provides overviews of the seven hearings Rep. Smith chaired last year that addressed human trafficking in whole or in part. The report also provides an overview of the 2016 Trafficking in Persons Report (TIP Report), produced by the U.S. Department of State, as required by Rep. Smith’s previous trafficking legislation. The TIP Report shows that the OSCE had gains in prosecutions and convictions in 2015 and eight new or amended pieces of anti-trafficking legislation, but a decline in trafficking victim identification.
Smith Leads Mission to Genocide Survivors in IraqTuesday, December 20, 2016
ERBIL, Iraq—Just days before Christmas, a leading human rights lawmaker, Rep. Chris Smith (NJ-04), went to Iraq to witness first-hand the plight of Christians who escaped ISIS into the Erbil area of the Kurdistan region and the failure of the Obama Administration to help them. After meeting with Christian families and leaders, and officials from the U.S., other OSCE participating States, and the United Nations, Smith said he returns to Washington to lead Congressional efforts to target more humanitarian aid to Christians and other religious minorities who have survived genocide. Smith also visited a camp for 6,000 internally displaced people, managed and supported by the Chaldean Catholic Archdiocese of Erbil. “This Christmas season, the survival of Christians in Iraq, where they have lived for almost 2,000 years, is at stake,” said Smith, who chairs both the Commission on Security and Cooperation in Europe and the House panel on global human rights and international organizations. “Today I met with Christian families who survived the ISIS genocide and have been ignored for two years by the Obama Administration. I hope that President-Elect Trump will act urgently to make sure his Administration helps these Christians with the funds Congress has approved for survivors of ISIS atrocities.” The Syriac Orthodox Archbishop of Mosul, Nicodemus Daoud Sharaf, who had to flee ISIS and seek refuge in Erbil, told Smith, “So often concern for Christians is minimized. I am so happy, because you are the first American who has come to just ask about the Christians. We pray that President Trump will help us. We are the last people to speak the Aramaic language. Without help, we are finished.” “I also saw how the Obama Administration has shortchanged organizations conducting criminal investigations and collecting, preserving, and preparing evidence usable in criminal trials. Perpetrators will dodge punishment unless there is specific evidence linking them to specific atrocity crimes. My Iraq and Syria Genocide Relief and Accountability Act legislation is a blueprint for how to assist Christians and other genocide survivors and hold perpetrators accountable. I will be working tirelessly to get this bill on the new President’s desk when we reconvene in January,” added Smith. Responding to reports that the UN Office on the Prevention of Genocide is considering excluding Christians from its findings of ISIS genocide victims and recommendations for prosecution, Smith said, “Even the Obama Administration determined that ISIS has been committing genocide against Christians. It would be outrageous if the UN ignored the overwhelming evidence and turned its back on these people who have suffered so much.” Background In 2002, there were as many as 1.4 million Christians in Iraq. After years of sectarian conflict, followed by the ISIS genocide that began in 2014, they have dropped to less than 250,000. Most of the Christians who survived ISIS fled to the Erbil area, which now hosts more than 70,000 internally displaced Christians, almost a third of all Christians in Iraq. Iraqis have been eight percent of the refugees and migrants who arrived by sea in the OSCE region in 2016. The Chaldean Catholic Archdiocese of Erbil has provided most of the assistance to these displaced Christians – and has also assisted Yezidis and Muslims – including food, shelter, medical care, trauma care, and preparations for the impending winter. Smith was invited to Erbil by Archbishop Bashar Warda, head of the Archdiocese. During their meeting, Archbishop Warda emphasized that unless the ancient Christian communities of Iraq received significant financial support very soon, they may not survive. At a September hearing of the Commission on Security and Cooperation in Europe, chaired by Smith and titled Atrocities in Iraq and Syria: Relief for Survivors and Accountability for Perpetrators, Steve Rasche, Legal Counsel and Director of IDP Resettlement Programs for the Archdiocese, testified and said, “Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any US aid agencies or the UN.” He added, “There’s a mistaken belief that it doesn’t get cold in Iraq. It snows in Erbil in the wintertime. Even the people that we’ve put in shelters, it gets incredibly cold for them at night, and so there are additional costs for heating oil and blankets. That is a concern for us. Our costs will go up.” Since 2013, Smith has chaired nine congressional hearings on atrocities in Iraq and Syria, including one titled The ISIS Genocide Declaration: What Next? and another titled Fulfilling the Humanitarian Imperative: Assisting Victims of ISIS Violence. He is also the author of the bipartisan Iraq and Syria Genocide Relief and Accountability Act (H.R. 5961), co-sponsored by Rep. Anna Eshoo (CA-18), which includes key provisions directing the U.S. Administration to: Support entities that are effectively serving genocide survivors in-country, including faith-based entities; Assess and address the humanitarian vulnerabilities, needs, and triggers that might force survivors to flee their homes; Identify warning signs of deadly violence against genocide survivors and other vulnerable religious and ethnic communities in Iraq or Syria; Support entities that are conducting criminal investigation into perpetrators of genocide, crimes against humanity and war crimes in Iraq and Syria; Close gaps in U.S. law so that the American justice system can prosecute foreign perpetrators present in the U.S., as well as any Americans who commit such crimes; Encourage foreign countries to add identifying information about suspected perpetrators of such atrocity crimes in their security databases and security screening; Create a “Priority Two” (“P-2”) designation for persecuted religious and ethnic groups in Iraq or Syria. This legislation is supported by many groups including the Knights of Columbus, 21st Century Wilberforce Initiative, In Defense of Christians, Yazidi Human Rights Organization International, Commission for International Justice and Accountability, Center for Religious Freedom at the Hudson Institute, Religious Freedom Institute, Simon Wiesenthal Center, Open Doors, and others. The bill has also been endorsed by all of the former U.S. Ambassadors-at-Large for War Crimes: David Scheffer (1997-2001), Pierre-Richard Prosper (2001-2005), Clint Williamson (2006-2009), and Stephen Rapp (2009-2015). Smith also authored the bipartisan H. Con. Res 121, which the House passed overwhelmingly and calls for the formation of an ad hoc tribunal for perpetrators of crimes against humanity and war crimes in the Syrian conflict. Just last week, the President signed into law the bipartisan, historic Frank Wolf International Religious Freedom Act (H.R. 1150), which Smith authored and Eshoo co-sponsored. This law makes sweeping changes that will help ensure that the U.S. Administration and the State Department have the tools, training, and resources to anticipate, help prevent, and respond to genocide and other persecution against religious communities like Christians in Iraq and elsewhere. Smith continues to encourage leaders in other OSCE countries to provide more humanitarian assistance to Christian genocide survivors and support criminal investigations into and prosecutions of perpetrators.
Helsinki Commission Leaders Mark International Human Rights DayFriday, December 09, 2016
WASHINGTON—To mark International Human Rights Day on December 10, Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, and Sen. Roger Wicker (MS), Co-Chairman of the Commission, issued the following statements: “2016 has been a challenging year for the OSCE region – some governments have backslid on human rights, and humanitarian crises on the OSCE’s periphery in Syria, Iraq, and elsewhere have driven waves of refugees into the OSCE region,” Chairman Smith said. “And despite our best efforts, child sex tourism is soaring while protection lags. We each have an essential role to play in fighting for the human rights of those who are persecuted, whether they are political prisoners in Azerbaijan, refugees fleeing genocide in Syria, journalists in Turkey, or victims of human trafficking in our own country. We must all become human rights defenders.” “We live in a world with significant security challenges, from cyber threats to terrorism to acts of aggression by one of our own OSCE participating States,” said Co-Chairman Wicker. “However, as we work to maintain regional stability, we remember that security cannot exist independently from securing fundamental human rights. Today, we recommit ourselves to democracy, the rule of the law, and the rights of all people to determine their future free from tyranny and oppression.” “The Helsinki Final Act is clear: human rights issues in one OSCE country are of direct and legitimate concern to all participating States,” Chairman Smith concluded. “I call on the 57 nations of the OSCE to defend the rights and dignity of the most vulnerable, and to provide humanitarian assistance to victims of genocide and war in the Middle East.”
Hearing Addresses Genocide, War Crimes Driving Refugee Crisis in OSCEThursday, September 22, 2016
WASHINGTON—At a hearing convened today by Helsinki Commission Chairman Rep. Chris Smith (NJ-04), witnesses unanimously expressed support for Chairman Smith’s recently introduced Iraq and Syria Genocide Relief and Accountability Act of 2016 (H.R. 5961), bipartisan legislation that provides relief to victims of genocide, crimes against humanity, and war crimes in Iraq and Syria, and accountability for perpetrators. “The atrocities in Iraq and Syria have been so horrible, for so long, with so little action from the Administration, that it has been difficult to hope. Nevertheless, when [Secretary Kerry] declared genocide, we dared to hope that finally the Administration would hear the voices of the victims and act. Instead, the Administration has said the right words and done the wrong things,” said Chairman Smith. “Displaced genocide survivors cannot pay for food, medicine, or shelter with words from Washington,” Chairman Smith continued. “When the Executive Branch fails to acts, then Congress must require it to act. That is why I recently authored and introduced the bipartisan Iraq and Syria Genocide Relief and Accountability Act of 2016, with Representative Anna Eshoo as my lead cosponsor.” Witnesses discussed ways to support religious and ethnic communities that have survived such atrocities. In addition, they encouraged the U.S. to fund the criminal investigation, prosecution, and conviction of the perpetrators, and identified gaps in U.S. criminal statutes that make it difficult to prosecute Americans or foreigners in the U.S. who have committed such crimes. Former U.S. Ambassador-at-Large for War Crimes Issues David Scheffer said, “H.R. 5961 demonstrates an undeniable logic: the survivors of genocide, crimes against humanity, and war crimes in Iraq and Syria merit the fullest possible assistance of our government, including consideration of admission of victim refugees to the United States.” “The perpetrators of atrocity crimes not only in Iraq and Syria but elsewhere in the world should be subject to investigation and prosecution,” Scheffer continued. “Federal jurisdiction over crimes against humanity and war crimes remains non-existent or very limited…it is a raw fact that the United States is currently a sanctuary for alien perpetrators of crimes against humanity or war crimes.” “The Iraq and Syria Genocide Relief Act [is] a much needed, not to mention overdue, piece of legislation,” said Chris Engels, deputy director of the Commission for International Justice and Accountability. “Criminal investigations done contemporaneously with the criminal acts are essential to ensuring later accountability. Otherwise, as we have seen in the past, evidence is lost and those responsible for these mass human rights violations go unpunished.” Witnesses also highlighted the humanitarian vulnerabilities and lack of assistance that force the survivors to flee their homes and recommended ways to support entities effectively serving genocide survivors in-country, including faith-based organizations. Steve Rasche, legal counsel and director of resettlement programs for the Chaldean Catholic Archdiocese of Erbil, noted, “Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any U.S. aid agencies or the UN. When we have approached any of these entities regarding the provision of aid assistance …we have been told that we have done too well in our private efforts…every morning we wake up and rob six Peters to pay 12 Pauls.” “The current policy prioritizes individual needs but does not consider the needs of vulnerable communities,” said Carl Anderson, Supreme Knight, Knights of Columbus. “On one hand, we have the unanimous policy of the elected branches of the United States Government stating that a genocide is occurring. On the other hand we have an aid bureaucracy that is allowing the intended consequence of the genocide to continue, even though it is in our power to stop it.” “There is nothing unconstitutional, illegal, unethical or unprofessional about prioritizing their right to survival as a community,” Anderson added, referring to Christian and other communities that face extinction in Iraq and Syria. Bill Canny, executive director for migration and refugee services at the United States Conference of Catholic Bishops (USCCB), said, “We are gravely concerned by the small number of religious minorities who have been resettled in the United States during the current fiscal year.” “It is unclear at the time of this writing precisely why the percentage of Syrian Christians, who have been registered as refugees or resettled in the United States as refugees, is so low,” Canny continued. “It is clear, however, that Christians and other religious minorities have become a target for brutality at the hands of the non-state actor ISIS, and that they are fleeing for their lives, and that far too few of them have been attaining U.S. resettlement.” USCCB resettles more refugees annually in the U.S. than any other agency. Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Helsinki Commission Co-Chair Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Commissioners Rep. Joe Pitts (PA-16) and Rep. Alan Grayson (FL-09). In 2013, ISIS began its brutal campaign of extermination and expulsion in Syria, expanding to Iraq in 2014. Many of those who survived these atrocities have been joining the flood of refugees streaming out of the region to Europe and other areas of safety. Resolving their plight is a key component to helping address the refugee crisis and has been of intense interest to countries in the OSCE region.
Atrocities in Iraq & Syria: Relief for Survivors and Accountability for PerpetratorsThursday, September 22, 2016
The civil war in Syria, which began in early 2011 and since spread into Northern Iraq has devastated both countries. Estimates of the number of people who have died during Syria's civil war since March 2011 range from 250,000 to 470,000. In Iraq, the estimated range is between 19,000 and 41,650 deaths since January 2014. The people living in these regions have been subjected to an extensive list of atrocities including genocide, crimes against humanity, and war crimes. Thosands of refugees have fled Iraq and Syria to seek refuge in the OSCE region. The desperate situation in these areas has resulted in the worst refugee crisis since World War II. With the war in Iraq and Syria showing little signs of abating the danger for vulnerable groups in these countries continues to worsen. This hearing examined the current situation in Iraq and Syria regarding the persecution of religious and ethnic minorities, and looked at how the United States and the international community can best help protect persecuted people in this region and ensure that perpetrators of genocide and related crimes in Iraq and Syria are punished. It featured witnesses from CIJA, the former Ambassador-at-Large for War Crimes Issues, and leaders from the Catholic community. “The atrocities in Iraq and Syria have been so horrible, for so long, with so little action from the Administration, that it has been difficult to hope. Nevertheless, when [Secretary Kerry] declared genocide, we dared to hope that finally the Administration would hear the voices of the victims and act. Instead, the Administration has said the right words and done the wrong things,” said Helsinki Commission Chairman Chris Smith (NJ), “When the Executive Branch fails to acts, then Congress must require it to act. That is why I recently authored and introduced the bipartisan Iraq and Syria Genocide Relief and Accountability Act of 2016, with Representative Anna Eshoo as my lead cosponsor." Witnesses discussed ways to support religious and ethnic communities that have survived such atrocities. In addition, they encouraged the U.S. to fund the criminal investigation, prosecution, and conviction of the perpetrators, and identified gaps in U.S. criminal statutes that make it difficult to prosecute Americans or foreigners in the U.S. who have committed such crimes. Former U.S. Ambassador-at-Large for War Crimes Issues David Scheffer said, “H.R. 5961 demonstrates an undeniable logic: the survivors of genocide, crimes against humanity, and war crimes in Iraq and Syria merit the fullest possible assistance of our government, including consideration of admission of victim refugees to the United States.” “The perpetrators of atrocity crimes not only in Iraq and Syria but elsewhere in the world should be subject to investigation and prosecution,” Scheffer continued. “Federal jurisdiction over crimes against humanity and war crimes remains non-existent or very limited…it is a raw fact that the United States is currently a sanctuary for alien perpetrators of crimes against humanity or war crimes.” “The Iraq and Syria Genocide Relief Act [is] a much needed, not to mention overdue, piece of legislation,” said Chris Engels, deputy director of the Commission for International Justice and Accountability. “Criminal investigations done contemporaneously with the criminal acts are essential to ensuring later accountability. Otherwise, as we have seen in the past, evidence is lost and those responsible for these mass human rights violations go unpunished.” Witnesses also highlighted the humanitarian vulnerabilities and lack of assistance that force the survivors to flee their homes and recommended ways to support entities effectively serving genocide survivors in-country, including faith-based organizations. Steve Rasche, legal counsel and director of resettlement programs for the Chaldean Catholic Archdiocese of Erbil, noted, “Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any U.S. aid agencies or the UN. When we have approached any of these entities regarding the provision of aid assistance …we have been told that we have done too well in our private efforts…every morning we wake up and rob six Peters to pay 12 Pauls.” “The current policy prioritizes individual needs but does not consider the needs of vulnerable communities,” said Carl Anderson, Supreme Knight, Knights of Columbus. “On one hand, we have the unanimous policy of the elected branches of the United States Government stating that a genocide is occurring. On the other hand we have an aid bureaucracy that is allowing the intended consequence of the genocide to continue, even though it is in our power to stop it.” Bill Canny, executive director for migration and refugee services at the United States Conference of Catholic Bishops (USCCB), said, “We are gravely concerned by the small number of religious minorities who have been resettled in the United States during the current fiscal year.” “It is unclear at the time of this writing precisely why the percentage of Syrian Christians, who have been registered as refugees or resettled in the United States as refugees, is so low,” Canny continued. USCCB resettles more refugees annually in the U.S. than any other agency. Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Helsinki Commission Co-Chairman Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Commissioners Rep. Joe Pitts (PA-16) and Rep. Alan Grayson (FL-09).
Chairman Smith Supports Genocide Victims in Syria and IraqThursday, September 08, 2016
WASHINGTON—Helsinki Commission Chairman Rep. Chris Smith (NJ-04), Rep. Anna Eshoo (CA-18), Rep. Trent Franks (AZ-08), and Rep. Jeff Fortenberry (NE-01) today introduced bipartisan legislation to provide relief for survivors of the ISIS-perpetrated genocide against vulnerable religious and ethnic groups in Syria and Iraq, and to ensure that perpetrators of genocide, crimes against humanity, and war crimes in those countries are punished. The Iraq and Syria Genocide Relief and Accountability Act of 2016, H.R. 5961, directs the U.S. Administration to treat these heinous acts as the crimes that they are, and to prioritize supporting the criminal investigation, prosecution, and conviction of perpetrators. “Mass murder and rape are not only human rights violations – they are also criminal acts that require careful investigation, documentation, and prosecution to bring the perpetrators to justice,” said Chairman Smith. “We need to support entities doing this work in the field, and close gaps in U.S. law so that our justice system can prosecute foreign perpetrators present in the U.S., as well as any Americans who commit such crimes.” The legislation also requires the U.S. State Department to create a “Priority Two” (“P-2”) designation for Iraqi and Syrian survivors of genocide, and other persecuted religious and ethnic groups in Iraq or Syria. Refugees who meet the P-2 criteria are able to apply overseas for resettlement in the United States without requiring a referral from the United Nations, an NGO, or a U.S. Embassy. “Although a P-2 designation does not guarantee admission to the United States – applicants must still clear the same security screening as other refugees – it provides victims of genocide with a much-needed additional path to access the U.S. Refugee Admissions Program,” said Chairman Smith. Finally, the bill directs the U.S. Administration to identify warning signs of deadly violence against genocide survivors and other vulnerable religious and ethnic communities in Iraq or Syria; assess and address the humanitarian vulnerabilities, needs, and triggers that might force them to flee their homes; and ensure that the U.S. supports entities effectively serving genocide survivors, including faith-based entities. Chairman Smith noted that the Chaldean Catholic Archdiocese of Erbil, which provides vital assistance to internally displaced families of Yezidis, Muslims, and Christians, including to all of the approximately 10,500 Christian IDP families in the Erbil region, has received no funding from the U.S. Government or any other government. “So far, the Administration has failed to keep its promise to enable these genocide survivors to remain in Iraq and Syria. It is overlooking groups, like the Chaldean Catholic Archdiocese of Erbil, that are serving tens of thousands of survivors every day. If the needs of these communities are ignored, thousands of victims may have to leave their ancient homelands forever and never return,” Chairman Smith said.
U.S. Delegation to OSCE PA Drives International Action against Human Trafficking, Discrimination, and Anti-SemitismFriday, July 08, 2016
WASHINGTON—Seven members of Congress traveled to the OSCE Parliamentary Assembly (OSCE PA) Annual Session in Tbilisi, Georgia last week to demonstrate the U.S. commitment to the principles of the Helsinki Final Act, including respect for human rights and fundamental freedoms. At the Annual Session, which brought together nearly 300 parliamentarians from 54 of the 57 OSCE participating States, the U.S. lawmakers introduced several successful resolutions and amendments targeting current challenges facing the OSCE region, ranging from human trafficking to discrimination and anti-Semitism to the abuse of Interpol mechanisms to target political opponents and activists. The delegation included Helsinki Commission Chairman Rep. Chris Smith (NJ-04), Co-Chairman Sen. Roger Wicker (MS), Commissioner Rep. Robert Aderholt (AL-04), Commissioner Rep. Randy Hultgren (IL-14), Rep. Mike Fitzpatrick (PA-08), Rep. Richard Hudson (NC-08), and Rep. David Schweikert (AZ-06). Rep. Aderholt currently serves as a vice-president of the OSCE PA, while Sen. Wicker was re-elected to a third term as chair of the OSCE PA Committee on Political Affairs and Security, also known as the First Committee, during the annual meeting. Chairman Smith led international lawmakers in battling international human trafficking and child sex tourism through a successful resolution calling on all OSCE participating States to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists. Chairman Smith, who serves as the OSCE PA Special Representative on Human Trafficking Issues, also hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies. A second U.S. resolution, authored by OSCE PA Special Representative for Anti-Semitism, Racism and Intolerance and Helsinki Commission Ranking Sen. Ben Cardin (MD), called for action against the anti-Semitic and racist violence sweeping across North America and Europe. The resolution, which passed overwhelmingly, urged members of the OSCE to develop a plan of action to implement its long-standing body of tolerance and non-discrimination agreements, called for international efforts to address racial profiling, and offered support for increased efforts by political leaders to stem the tide of hate across the region. The resolution was fielded by Commissioner Hultgren. Chairman Smith also called on participating States to more effectively prevent and combat violence against European Jewish communities through the introduction of two amendments to the resolution of the OSCE PA General Committee on Democracy, Human Rights and Humanitarian Questions (also known as the Third Committee). His first amendment called for the explicit recognition of the increase in anti-Semitic attacks in the region, while the second encouraged participating States to formally recognize and partner with Jewish community groups. Responding the abuse of Interpol systems for politically motivated harassment by Russia and other members of the OSCE, Co-Chairman Wicker authored a successful amendment to the First Committee resolution, which called on participating States to stop the inappropriate placement of Red Notices and encouraged Interpol to implement mechanisms preventing politically motivated abuse of its legitimate services. The amendment was fielded by Rep. Hudson. During the Annual Session, members of the delegation also offered strong support for important resolutions fielded by other countries, including one by Ukraine on human rights in illegally occupied Crimea and another on the 30th anniversary of the Chernobyl nuclear accident. They voted for a highly relevant resolution on combating corruption fielded by Sweden, and helped to defeat a Russian resolution attacking the Baltic States, Poland and Ukraine in the context of combating neo-Nazism. U.S. delegates indicated their support for the work of attending Azerbaijani human rights activists, and met with attending members of the Israeli Knesset. While in Tbilisi, the group also met with several high-ranking Georgian officials, including Prime Minister Giorgi Kvirikashvili; Tedo Japaridze, Chairman of the Foreign Relations Committee, Parliament of Georgia; Mikheil Janelidze, Georgian Minister of Foreign Affairs; and David Bakradze, Georgian Minister of European and Euro-Atlantic Integration.
Chairman Smith Leads International Legislators against Human Trafficking, Child Sex TourismMonday, July 04, 2016
WASHINGTON—The OSCE Parliamentary Assembly passed a resolution authored by Helsinki Commission Chairman Rep. Chris Smith (NJ-04) against international human trafficking and child sex tourism. The resolution was passed at the 2016 annual session of the OSCE Parliamentary Assembly (OSCE PA), and has an agenda-setting effect for the 57-member intergovernmental organization. Smith, who leads the U.S. Delegation to this year’s OSCE PA Annual Session, introduced a resolution calling on all OSCE participating States to work with the private sector and civil society to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists. The resolution also urges all OSCE participating States to enact laws allowing them to prosecute their citizens and legal permanent residents for child sexual exploitation committed abroad, and to strengthen international law enforcement cooperation to ensure that nations know about travel by convicted pedophiles prior to their arrival. “More children than ever before are being exploited – child sex tourism is soaring while protection lags,” said Chairman Smith. “We must work together to protect children from convicted pedophiles and opportunistic predators who exploit local children with impunity during their travels abroad. Prevention and prosecution should go hand in hand.” In addition to introducing the SECTT resolution, Chairman Smith hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies. “Child predators thrive on secrecy – a secrecy that allows them to commit heinous crimes against the weakest and most vulnerable,” said Chairman Smith. “Recent changes in the laws of the United States and partner countries are putting child predators on the radar when they travel internationally, but much remains to be done.” Chairman Smith has served as OSCE PA Special Representative on Human Trafficking Issues since 2004. His efforts to raise the profile of the human trafficking problem in the OSCE region are reflected in the 2013 Addendum to the OSCE Plan of Action to Combat Trafficking in Human Beings, and have prompted other parliamentarians to take the lead in addressing human trafficking in their respective capitals. Chairman Smith first raised the issue of human trafficking at the 1999 St. Petersburg Annual Session, the first time it appeared on the OSCE agenda. Since then, he has introduced or cosponsored a supplementary item and/or amendments on trafficking at each annual session of the OSCE PA, including on issues such as sex tourism prevention, training of the transportation sector in victim identification and reporting, corporate responsibility for trafficking in supply chains, and special protections for vulnerable populations. In addition to authoring the 2016 International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes through Advanced Notification of Traveling Sex Offenders, he authored the landmark U.S. Trafficking Victims Protection Act of 2000 and its 2003 and 2005 reauthorizations. Chairman Smith co-chairs the United States Congressional Human Trafficking Caucus.
Helsinki Commission to Preview Outcomes of July NATO Summit in WarsawMonday, June 20, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “NATO’s Warsaw Summit and the Future of European Security” Thursday, June 23, 2016 3:00 PM Rayburn House Office Building Room 2360 NATO’s next Summit, slated for July 8-9 in Warsaw, Poland, is expected to be a seminal moment in the evolution of the transatlantic relationship. At the Summit, the Alliance will need to tackle uncertainty about the range of security threats confronting its members, with some in the east prioritizing Russian aggression, while others are seeing instability to the South (including the migration crisis) as the most immediate threat. Heads of the 28 member states will need to demonstrate cohesive unity of purpose despite differences on these issues and others, ranging from NATO’s potential contribution to fighting terrorism to the continued role of nuclear weapons in NATO’s deterrence and defense posture. These discussions will be heightened by the Summit’s strategic location in the capital of a staunch eastern flank Ally that contributes to NATO operations and exercises, hosts NATO facilities, and – crucially – leads by example by devoting the NATO-agreed benchmark 2 percent of GDP to defense. Panelists will comment on the outcomes they expect from the Summit, implications for the broader transatlantic relationship, and the future of relations with Russia. The following experts are scheduled to participate: Rear Admiral Peter Gumataotao, Deputy Chief of Staff, Strategic Plans & Policy, North Atlantic Treaty Organization (NATO) Mr. Maciej Pisarski, Deputy Chief of Mission, Embassy of the Republic of Poland to the United States of America Dr. Hans Binnendijk, Senior Fellow, Center for Transatlantic Relations, The Johns Hopkins University
Internet Freedom in the Age of Dictators and TerroristsThursday, March 03, 2016
This briefing- focused on internet freedom- was set in the context of increasing online censorship and surveillance in authoritarian nations and privacy infringement and terrorism threats in free societies. Lisl Brunner of the Global Network Initiative, Rebecca MacKinnon from Ranking Digital Rights, and Tim Maurer of the Carnegie Endowment for International Peace, discussed how internet companies are evolving to handle increased government requests from law enforcement and the role of export controls in ensuring that U.S. and European technologies do not contribute to human rights abuses. Policy advisor Shelly Han opened the briefing by explaining that when the internet began spreading across the globe, it was seen as a “game changer for spreading democratic ideals to places that traditional media could not reach” – a new method of positive influence, accountability and transparency. However, she noted, precisely because it was so powerful, autocrats (including those in China and Russia) have been able to use it to increase their own power, and democracies have come to fear its use by terrorists. Citizens in free societies also wonder where the line between security and privacy should be drawn. The panelists discussed the immense increase in awareness of this issue in the past decade, the commitments that can be set for the future and where leadership must come from in order to create policy solutions.
OSCE Foreign Ministers Meet in BelgradeFriday, January 15, 2016
Serbia’s year-long chairmanship of the OSCE culminated in Belgrade in the annual meeting of the OSCE Ministerial Council on December 3 and 4, 2015. Key issues addressed in the context of Ministerial discussions included: Ongoing efforts to de-escalate the Russia-Ukraine crisis and the need for Russia to fully implement the Minsk Agreements. Reaffirmation of the Helsinki Final Act and subsequent commitments and the comprehensive nature of security (i.e., respect for fundamental freedoms within a state has an impact on the security between states). The assault on human dignity and human rights, including through terrorist attacks, the continued rollback on rights and freedoms in the OSCE area, and the refugee and migration crisis. Secretary of State John Kerry led the U.S. delegation, which also included Assistant Secretary of State Victoria Nuland; Deputy Assistant Secretary of State for Democracy, Human Rights, and Labor Robert Berschinski; Deputy Assistant Secretary of State for Central Asia Daniel N. Rosenblum; and Helsinki Commission Senior Senate Staff Representative Ambassador David T. Killion. The atmosphere was strained, as tensions between Ukraine and Russia, Russia and Turkey, and Armenia and Azerbaijan spilled over into the negotiations. As Russia blocked virtually all decisions on human rights, as well as on the migration crisis and on gender issues, only a handful of documents were adopted. Successful declarations addressed recent terrorist attacks in the OSCE region, combating violent extremism that leads to terrorism, and addressing the illicit drug trade.
By Lale Mamaux, Communications Director
and Marlene Kaufmann, General Counsel
In August, staff of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) traveled to Damascus, Syria and Beirut, Lebanon and met with government officials, non-governmental organizations (NGOs), and religious groups regarding the Iraqi refugee crisis. While it is estimated that approximately 1 to 1.5 million Iraqis have fled to Syria and 50,000 have fled to Lebanon, they are not living in camps, but instead are a mobile population scattered throughout Damascus and Beirut as well as in other urban areas. That fact has made this humanitarian crisis virtually ‘invisible’ to the international community, but not for those Iraqi refugees who remain stranded, jobless, and deprived of essential services with conditions worsening by the day. This deepening crisis threatens to further destabilize the entire region.
As the years in exile drag on, Iraqi refugees are becoming more and more desperate and depressed. Those who fled with some resources have by now seen those assets depleted and are reliant on services provided by international organizations and NGOs working in the region. Syria and Jordan host the largest population of Iraqis and do not permit them to work, although many find jobs in the “informal” sector making them targets for exploitation and abuse. As a result, fewer children are enrolling in school as their parents send them out, instead, to find whatever work they can on the street. More women are prostituting themselves, desperate to provide for their children, and domestic violence and alcoholism among this population are on the rise.
The bombing of the Golden Mosque of Samara in 2006 led to a mass influx of Iraqi refugees fleeing to Syria, where according to the United Nations High Commissioner for Refugees (UNHCR), approximately 30,000-60,000 Iraqis were crossing the border each month. In October 2007, the government closed its borders to virtually all Iraqis and imposed stringent visa restrictions – requiring Iraqis to apply for visas at the Syrian Embassy in Baghdad. Since February 2008, Syrian immigration sources indicate that the flow of Iraqis has stabilized once again.
According to UNHCR, it has registered over 216,000 Iraqis as refugees. Since January 2007, UNHCR has identified over 7,800 at-risk refugee children or adolescents from Iraq, 95 unaccompanied or separated children, and over 5,900 women at risk. Additionally, in 2008 it identified at least 300 survivors of Sexual Gender Based Violence (SGBV).
Many Iraqis arriving in Syria are moving into areas such as Masaken Barzeh, Saida Zainab, Jaramana, and Qudssya as well as to other urban localities outside of Damascus (in Aleppo, Homs, Hama, Deir Ezzor, Lattakia, Tartous and Hassaka). Iraqis have placed enormous strains on Syria’s economy and infrastructure and caused an increase in the cost of living (i.e. rent, food, fuel, medical assistance). As Iraqis financial resources continue to diminish and desperation sets in, they face homelessness, child labor, early marriage, and survival sex. With many Iraqis too afraid to return to Iraq due primarily to the personal violence they have experienced, there is more pressure among aid organizations to cope with increasing needs.
The Syrian government under the direction of the Ministry of Education allows children from Arab countries living in Syria to attend school. Schools run by the government are free of charge. Currently, according to the government, there are approximately 55,000 Iraqi children enrolled in Syrian schools, a significantly smaller number than was expected.
While the admission of Iraqi students is relatively low, it has nevertheless put a substantial strain on an already overburdened school system. The Ministry of Education estimates that there are now 60 students per class and they are working as quickly as possible to build larger schools in order to eliminate the need for children to attend classes in shifts.
Basic education in Syria comprises grades 1-9 and school is mandatory until the age of 15. However, if a child has been absent from school for two years they are not permitted to enroll. Unfortunately, this is the case for many Iraqi children in Syria who have not attended school since they fled their homes. Other factors contributing to parents’ hesitancy to enroll their children in Syrian schools include fear of being located by authorities and deported, harassment of Iraqi children by other students, and the fact that many Iraqi families in Syria are quite mobile, moving frequently among neighborhoods.
With so many Iraqi youth not in school, many NGOs have expressed grave concern about the future generation of Iraqis who will lack an education and who are hanging around on the streets with nothing to do. Clearly, these young people could be susceptible to influence by groups or individuals who may not have their best interests in mind.
Responding to the influx of Iraqi children in school, UNHCR is working in coordination with the United Nations Children’s Fund (UNICEF) and the Syrian Arab Red Crescent (SARC) to encourage enrollment in school. In addition to providing school supplies and uniforms for Iraqi children, UNHCR and UNICEF are working with the Ministry of Education to train teachers and counselors to work with these traumatized children.
For example, there are reports of some Iraqi students coming to school with knives and other weapons in their backpacks, and of their sometimes "acting out" in a violent manner -- symptoms of the trauma they experienced in Iraq and during their flight to safety. Unfortunately, these behaviors generate resentment and sometimes violent responses by other students. Currently, the Ministry of Education is only able to provide one counselor for every 250 students.
Commission staff also attended a graduation ceremony at the Greek Orthodox Ministry in Damascus for 100 Iraqi children, grades 2-7 (ages 6-12). This was a graduation from a summer program where children participated in activities such as arts and crafts in an effort to express themselves and relieve some stress from the trauma they had faced in Iraq and the uncertainty of their situation in Syria. The graduation ceremony consisted of presentations from teachers and counselors as well as singing and skits performed by the students.
Commission staff met with the Syrian Assistant Minister of Health, who described the burdens on the health care system as a result of the influx of Iraqi refugees since 2003. The health care system is comprised of 1600 clinics and 70 hospitals, 5 of which offer services free of charge to Iraqi refugees. The Minister estimated that support for the health needs of the refugee community costs the Syrian government an estimated $150 million per year.
The government is particularly concerned about communicable diseases and therefore has a mandatory vaccination program for all children. Despite substantial contributions from the European Union, UNHCR and UNICEF during the past two years to establish additional clinics and fund vaccinations, the minister estimated that only 5% of the health needs of Iraqi refugees are being met. Particularly critical are the strains put on services for kidney disease, including dialysis, and heart disease. The minister explained that these services were already quite limited for Syrian citizens. Since 2003, according to the minister, anyone needing heart surgery essentially has to “take a number and wait.”
The minister indicated that with the help of the World Health Organization (WHO) the government is also trying to address the increasing psycho-social needs of Iraqi refugees. Two hospitals, one in Damascus and one in Aleppo, are offering these services.
Trafficking in Persons/Shelter:
The Syrian government is undertaking initiatives to counter human trafficking and is in the process of establishing a shelter for victims of trafficking. Beginning in 2005, the International Organization for Migration (IOM) began holding educational workshops and invited Syrian officials to attend. A governmental committee was formed in 2006 to address trafficking issues, however progress was slow. In 2007, private sector experts advised the committee on counter trafficking measures and, as a result of this public-private partnership, anti-trafficking legislation was drafted. The legislation was endorsed by the committee in late 2007 and was sent to Parliament in June of this year.
In coordination with other partners, IOM began raising money for a trafficking shelter. The Netherlands contributed $30,000 Euros, and UNICEF gave $30,000 (USD). The Syrian government has allocated a space for the shelter, however it is in need of major renovations, which are currently under way. The shelter is expected to open in the next 3-4 months and will serve all populations, not just Iraqis.
Iraqis, especially women who arrive in Syria as the head of household with no financial resources, are facing extreme circumstances. Since the Syrian government does not allow Iraqis to work, increasing numbers of refugees have resorted to child labor, survival sex, and offering their daughters for short-term or weekend marriages, commonly referred to as “pleasure marriages” to make ends meet.
More women and children are facing Sexual Gender Based Violence (SGVB) by their husbands’ or the male head of household. UNHCR, in coordination with partners UNICEF, IOM, the United Nations Population Fund (UNFPA), and United Nations Development Program (UNDP), are working together to assist Iraqi women who have been physically or sexually abused and are in detention. UNHCR is also supporting several safe houses located in Damascus that help abused Iraqi women and children.
The Good Shepherd Sisters:
Commission staff also met with Sister Marie-Claude Naddaf of the Good Shepherd Sisters in Damascus in order to learn first-hand of the critical work that she and her community have undertaken in support of Iraqi refugees. Sister Marie-Claude described the suffering of the Iraqi people that she sees every day, those who have fled under threat of violence and arrive in Syria in an already traumatized state. Because of the circumstances and the uncertainty of their situation in Syria most Iraqi refugees, including children, suffer from severe stress and depression.
Focusing on the needs of children, the Good Shepherd Sisters, in concert with UNHCR and other organizations have provided summer camps outside of Damascus for refugee children to play and relax in a peaceful venue and escape the stresses of their daily lives. The sisters also provide extensive educational and recreational programs for adults and children throughout the year in a community center in Damascus, and have taken the lead in establishing a shelter for women and children and a hotline for abused women. Commission staff also visited the shelter and met with several of the women and children who reside there.
Distribution of Food:
Food distribution is conducted by the World Food Program (WFP) and UNHCR. Refugees in Syria receive their food and financial distribution every two months from either the Douma or Saida Zeinab distribution centers. The distribution schedule is communicated to refugees through short cell-phone messages, information posted on boards in the Douma Distribution center, or by postings on the food distribution website: http://unhcr.un.org.sy/food.htm
WFP provides the following basic commodities in their food baskets: 12.5 kilos of rice, l litre of oil, and 2.5 kilos of lentils. UNHCR provides the following complementary items that coincide with the basic commodities provided by WFP: 1 kilo of sugar, 200 grams of tea, 1 kilo of pasta, ½ kilo of tomato paste, 1 kilo of bulgur wheat, and one box each of soap and washing detergents.
In addition to food distribution UNHCR also provides a seasonal distribution of mattresses and blankets. Those Iraqis living outside of Damascus who have registered with UNHCR are able to call a hotline to find out dates and locations of food distribution.
Stories of Iraqis in Syria:
Commission staff met with Iraqi refugees serving as outreach coordinators for UNHCR to gain a better understanding of their hands-on work in the community. The coordinators have a direct line of communication into the Iraqi community in Syria, including with those who have not registered with UNHCR, and they serve as a trusted go between for UNHCR and the community. During the meeting the coordinators spoke of the dire circumstances facing Iraqi refugees in Syria and also shared their personal stories. One coordinator explained that her husband was killed in Iraq and that one of her sons was picked up by U.S. military personnel and another son was kidnapped by a militia group – both were tortured. Fearing for her life, she fled to Syria. Another coordinator told staff that three of her cousins were killed by U.S military personnel because they were accused, wrongly according to the woman, of being terrorists.
In addition, staff participated in a resettlement interview with an Iraqi family at UNHCRs Registration and Distribution Center in Douma. The family had owned a jewelry store in Baghdad and fled Iraq after one son was kidnapped and beaten by his captors. After this incident, the family first fled to another neighborhood in Baghdad where they thought they would be safe. However, shortly after the move their home was raided by militia who gave them three days to leave or be killed. The family then fled to Syria. The father made his way to Sweden, while the mother was left to care for her four children in Syria. During the interview it was revealed that the family has now been in Syria for two years, their savings are almost completely diminished and the mother is working as a seamstress to try to make ends meet. The youngest child suffers from post-traumatic stress disorder after a gun was pointed at him during the raid on their home in Baghdad. Only one of the four children has attended school in the past two years and only for several months because she was severely bullied and harassed by the other children.
Lebanon, a small country of 4 million people, has opened its doors to 50,000 Iraqi refugees, many of whom came after the 2006 bombings in Samara. Roughly 51 percent of Iraqis in Lebanon are Shi’a Muslims, 19 percent are Chaldean Catholics, and 12 percent Sunni Muslims. UNHCR has registered over 10,400 Iraqis since June 2008. In 2007, UNHCR resettled 450 Iraqis to the United States, Sweden, Canada, Australia and other countries. They expect to resettle 1500 refugees in 2008.
Iraqi refugees in Lebanon face many challenges, however it is a better economic environment than in other host countries. Unlike Jordan and Syria, Iraqis in Lebanon can work if they obtain a work permit.
The educational needs among Iraqi children in Lebanon are quite dire as 42 percent have not completed elementary school, 40 percent of Iraqi children between the ages of 6 and 17 are not enrolled in school due to the high cost of tuition and the need to help provide for their families. It is estimated that, in 2007, only 1,200 Iraqi children were enrolled in school.
Health care needs among Iraqis remain constant and medical care cannot be easily accessed in Lebanon due to its exorbitant cost. NGOs and other charitable organizations are able to provide coverage for only 24 percent of serious medical cases.
As Commission staff found during a visit to Jordan and Turkey last March, many Iraqis in Lebanon are experiencing psycho-social issues due to the stress of their displacement and the unstable environment they encounter in their host countries. This stress has contributed to a rise in domestic violence and drug and alcohol abuse among the refugee population.
Migrant domestic workers in Lebanon are a vulnerable group as well with an estimated 200,000 in the country, approximately 100,000 who arrived illegally. These domestic workers are primarily women from Southeast Asia and Africa – Sri Lanka, The Philippines, Ethiopia, and Madagascar – and are brought to Lebanon by employment agencies working in those countries. These agencies frequently promise “fee paid” employment in a secretarial capacity or in sales. The agencies typically charge the employer $1,500 to bring the domestic worker to Lebanon. Upon arrival, many employers take the women’s passports; force them to work long hours, frequently without pay; and often abuse them. Unhappy about how their people are being treated, the Philippine and Ethiopian Embassies have placed restrictions on employment in Lebanon for their citizens.
Caritas Lebanon Migrant Center:
Established in 1994, the Caritas Lebanon Migrant Center (CLMC) has as its mission “to strengthen and protect the human rights of migrants, refugees and asylum-seekers in Lebanon.” To date, the Center has assisted more than 100,000 individuals through services such as social and legal counselling and assistance; humanitarian, medical and emergency assistance; orientation seminars for migrants; temporary shelter and safe houses; summer camps and other recreational activities; vocational training and reintegration programs, as well as advocacy efforts with the public and relevant government agencies.
In the early 1990s, CLMC worked exclusively with migrant populations, primarily Sudanese. Iraqis began to arrive in 1997, primarily from the Shiite and Christian communities, seeking work and resettlement in Europe or Australia. In 2003, the number of Iraqis entering Lebanon increased substantially and many sought assistance from CLMC. With funding from the U.S. government, CLMC began a program to provide medical support to the refugees, many of whom were suffering with cancer and chronic diseases and had no access to public medical facilities in Lebanon. CLMC negotiated with public hospitals and clinics to establish a treatment program for the refugees. They were also able to arrange reduced-cost treatment with some private hospitals, particularly for those afflicted with cancer and heart disease.
CLMC also provides a wide array of educational programs for children and adults. Most Iraqi children are unable to attend school in Lebanon due to the language barrier. Many also frequently “act out” aggressively due to the psychological trauma caused by their circumstances. CLMC provides informal classes and vocational training for children, as well as summer camps where counsellors work with the kids in a relaxed atmosphere to address their unique psychological needs.
CLMC undertakes assistance programs for women as well. To date, they have held 160 seminars to train outreach workers for the migrant worker and refugee communities and as a result now have 800 women working in locations nation-wide. The Center has established a shelter for abused women and one for victims of trafficking (described below).
In coordination with UNHCR, CLMC provides legal assistance to the refugee and migrant worker community. They currently retain two full-time and ten part-time attorneys and have successfully prosecuted a substantial number of abuse cases on behalf of those who have sought shelter with CLMC. In addition, as described below, Caritas, working with UNHCR and other NGOs, successfully negotiated an amnesty for detained Iraqi refugees, giving them the opportunity to seek employment and regularize there status.
Detention Facility Visit:
Commission staff visited a detention facility operated by the General Directorate of General Security (General Security) – the governmental authority in Lebanon responsible for the legal status of foreigners in the country. The facility holds those Iraqi refugees and migrant workers who entered the country illegally and are without documentation. It is located under a freeway in downtown Beirut and was constructed from a parking garage. The conditions in the facility are deplorable, yet are much improved from several months earlier, due in large part to the work of NGOs, such as the Caritas Lebanon Migrant Center (CLMC), in coordination with General Security.
The air-intake vents, only recently installed through the efforts of Caritas, circulate air into the underground facility. Unfortunately, due to the center’s location under the freeway, the air is filled with exhaust from automobiles traveling above. Inside, fans are placed throughout to further circulate the air into the cells where detainees are held. There is no sunlight, lighting is very dim and temperatures are extremely hot in the summer and cold during the winter. The facility contains 13 cells with roughly 40 individuals housed in each cell. Detainees sit on the floor of the cell on mattresses which also serve as their beds. They are allowed to leave their cells, but not the detention facility, on very rare occasions – such as laundry detail or to receive medical treatment – and never leave the facility until their release. There is a bathroom and a separate shower in each cell which are enclosed; however there is virtually no privacy.
Women are housed together according to their nationality and men are housed alphabetically. The average length of stay can range from one month to over a year, depending on the length of time it takes to arrange deportation or voluntary departure.
CLMC has played an instrumental role in helping to improve the dire conditions of the facility. Prior to their intervention, detainees had no bathrooms, showers or mattresses to sleep on. Furthermore, they were unable to have their clothes washed and were living in utter filth. Working closely with General Security, CLMC now has several full-time staff working 24-hours a day in the facility with detainees. Additionally, CLMC was able to put bathrooms and showers in each cell, provide mattresses for each detainee, purchase a washer and dryer to clean the detainees’ clothes and bedding , and provide 3 hot meals per week.
Human Rights Watch released a report in November 2007 entitled, ‘Rot Here or Die There: Bleak Choices for Iraqi Refugees in Lebanon,’ showing the conditions that Iraqi refugees face in Lebanon if they are without documentation. In response to the report and pressure from other NGOs, General Security agreed in 2008 to release all Iraqis detained for illegal entry and allowed them to go through the existing regularization process once released. UNHCR, in coordination with its implementing partner Caritas Lebanon, supported this directive by assisting refugees with the initial regularization fee of $600, as well as providing legal advice and counseling. After being released, Iraqis have 3 months to regularize their status which requires them to find an employer who will sponsor them for a work permit. The government has recently extended this period to 6 months with the overall number of arrests declining. This decision benefits not only Iraqi refugees, but all foreigners including refugees and asylum seekers of other nationalities who have entered Lebanon illegally.
Visits with Iraqi families:
Commission staff had the opportunity to visit Iraqi families in their homes in eastern Beirut. The families shared their tragic stories with staff and the circumstances in which they are living in Lebanon. While all expressed relief to be safe from the violence in Iraq, they are faced with a great deal of uncertainty about the future and a severe lack of resources. Their compelling stories follow:
CASE A: Hana has 4 children. She is the head of her family since her husband was kidnapped in Iraq. The family came to Lebanon legally in December 2007. Hana’s eldest son was in his first year of medical school in Iraq when he received many threats. One day, while walking home from work, her son and his friends were attacked and her son was shot in the arm, his friend was shot in the face. Hana's son was able to make it to the family home; however, they had no medicine with which to treat his wounds. Hana's husband went to the pharmacy for medicine and was kidnapped, never to be heard from again. The family searched relentlessly for him in hospitals and police stations to no avail. With no news, a family member urged them to leave the country immediately for fear of another attempt on the life of the son. Hana's son is currently incapacitated because of his injured arm, however he was able to receive reconstructive surgery in February. Only one family member is currently able to work and the income is insufficient to meet their needs.
However, during the visit Hana informed Commission staff that the family had just been notified by UNHCR that their case was approved for resettlement to the United States.
CASE B: Rita, mother of 2 boys, is the head of the family since her husband was kidnapped in 2006 while she was pregnant. She came to Lebanon legally with her unmarried brother in June 2008. Her husband was a driver for the U.S. military. He received threatening letters, but never took them seriously. Rita’s mother had fled to Lebanon before her daughter after her own husband was murdered. Rita’s brother was traumatized by his father’s death and suffers from psychiatric complications. The family has no financial resources. Just two days prior to the meeting with Commission staff Rita had found a job in a textile factory working from 7 a.m. to 6 p.m.
CASE C: Rana is a widow and the mother of 3 children. She came to Lebanon legally in May 2008. Her husband was a driver for the Christian Archbishopric in Iraq and was murdered in February 2008. Rana is severely traumatized. She is unable to care for herself and her children or to provide for them financially. Rana’s mother, who lives with her, suffers from cancer; she will be leaving soon for the United States. Rana hopes that she and her children can also be resettled to the U.S. with her mother.
Caritas Shelter for Victims of Trafficking:
In 2003, Caritas began implementing a program funded by the U.S. Department of State (G/TIP) for victims of trafficking. The program involves extensive cooperation with the General Security agency in Lebanon. According to Caritas, women migrant workers who are victims of trafficking have access to a safe house where they are able to escape their situation and consider future options, receive medical care, basic needs assistance, trauma counseling, legal aid, and counseling for future options in a supportive environment, and possible return to their country of origin or to a safe work situation in Lebanon. A 2005 survey conducted by Caritas/IPSOS found that 55 percent of migrant domestic workers in Lebanon face physical abuse, 39 percent are verbally abused and 17 percent are sexually abused.
During the visit, staff met with a woman who had been brought to Lebanon to work for a wealthy family and faced unimaginable torture and abuse. As she recounted her story, she trembled with fear of the horror that she lived for five months before escaping. Upon arriving in Lebanon, her passport was taken, she was forced to work long hours without pay and was typically fed very little food. She was locked inside the house when the family for whom she was working was not at home. In addition to facing the aforementioned abuse, family members would take turns holding her down on the floor and burning her bare skin (body and face) with a hot iron. After enduring this severe trauma and torture for months, she escaped one day when the family was not home by jumping from a second story window. She has been living in the Caritas shelter since her escape.
The International Catholic Migration Commission (ICMC):
ICMC is the U.S. State Department's representative for processing refugees in Lebanon and works closely with the U.S. Embassy in Beirut and representatives of the Department of Homeland Security (DHS), in the conduct of screening interviews for those Iraqi refugees and others who seek resettlement to the United States. Just prior to the Commission staff visit, a DHS “circuit ride” of interview staff had been in residence at the Embassy compound conducting security interviews under very difficult circumstances – for both DHS and embassy staff. Security concerns require that all interviews must take place on the Embassy compound. Due to substantial space limitations and to ensure privacy for those being interviewed, Embassy and DHS personnel are required to operate in shifts, some lasting late into the night, in order to accommodate all applicants who travell to the Embassy each day. Under these trying circumstances, DHS personnel were nevertheless able to interview 920 applicants in a four week period. ICMC staff expressed gratitude not only for the DHS staff's fortitude under this grueling schedule, but also for their professionalism and compassion in dealing with those being interviewed.
In order to alleviate these conditions, State and DHS should explore the possibility of permanently assigning one or two DHS interviewers to Embassy Beirut and providing additional housing and work space to accommodate their activities.
ICMC and the United States Refugee Program (USRP) conduct an intensive two day cultural orientation for Iraqi refugees who will be resettled to the United States. The cultural orientation is designed to provide Iraqis with a better understanding of what to expect once they arrive in the U.S. The following topics are covered in the ICMC-USRP cultural orientation training program:
- Cultural differences.
- The departure process and airport regulations.
- The nature of the IOM travel loan and the obligation to pay it back after arrival to the U.S.
- The responsibilities of the Resettlement Agency and the refugee during the first ninety days after the refugee’s arrival in the United States.
- Information on a refugee’s legal status until the acquisition of citizenship, including rights and restrictions of each status.
- Information on housing and transportation in the United States.
- The importance of learning and obeying the laws of the United States at federal and state level and the consequences of violating U.S. law.
- Information on the child and adult education system in the United States and the importance of learning English.
- The importance of finding and holding a job and understanding work values in the United States.
- Information on the health care system in the United States.
- Information on money management.
Commission staff participated in an afternoon session during the first day of orientation for a group of Iraqis who had been approved for resettlement to the U.S. During the session participants raised the following questions: I have an international driver’s license; will that work in the United States? If both parents must work, who will watch the kids? Can I work right away when I get to the United States? Staff asked the group how they felt about relocating to the United States, (e.g. nervous, happy or fearful). Those who replied generally expressed apprehension.
One gentleman said he won’t know until he’s “on the plane.”
In July, Helsinki Commission Chairman, Congressman Alcee L. Hastings introduced the Iraqi Refugee and Internally Displaced Persons Humanitarian Assistance, Resettlement, and Security Act (H.R. 6496), comprehensive legislation that addresses this worsening situation. H.R. 6496 has been endorsed by more than 25 NGOs and religious organizations and does the following:
- Authorizes $700 million for each fiscal year beginning in 2009 through 2011 for the relief of Iraqi refugees and Internally Displaced Persons;
- Increases direct accountable bilateral assistance, as appropriate under U.S. law, and funding for international organizations and non-governmental organizations working in the region;
- Authorizes $500 million to increase humanitarian aid and infrastructure support for Jordan; and
- Urges increased cooperation between the United States Government and the international community to address this crisis.
Iraqi refugees in Syria, Lebanon and elsewhere in the region continue to suffer daily and are faced with unimaginable circumstances. While the American public does not see pictures of ‘refugee camps’ set up in host countries, there are millions of Iraqis struggling to survive each and every day. On the ground, desperation has set in and only worsened this humanitarian crisis.
The politics of the war must be put aside by Congress and a ‘humanitarian surge’ must be implemented. This means the provision of substantially increased bi-lateral aid, as appropriate under U.S. law, to countries hosting Iraqi refugees and increased funding to international organizations and NGOs working in the region. A U.S. contribution of at least fifty percent of the amount requested for all UN appeals for funding to assist Iraqi refugees, and IDPs, would show U.S. leadership in addressing this crisis, and hopefully encourage increased contributions by other countries as well. The process for resettling Iraqi refugees to the United States must also be expedited. This is particularly critical for those Iraqis whose lives have been threatened because of their work for the United States.
The United States should also show leadership in encouraging the international community to focus on this humanitarian crisis, recognize it for the potential security threat it poses, and take steps to alleviate the suffering Iraqi refugees.
If a picture is really worth a thousand words, then all one must do is look into the face of an Iraqi refugee who has had a family member murdered, kidnapped, or tortured, and their own life threatened, to know that the United States must respond – security in the region and the future of the Middle East depend upon it.