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Ongoing Election Challenges in Bosnia and Herzegovina
Monday, September 10, 2018

On October 7, 2018, Bosnia and Herzegovina will hold general elections for government offices at the state level, as well as for offices in each of the “entities” into which the country is politically divided (Bosnian Federation and Republika Srpska), and finally within each of the 10 cantons that make up the Federation.  These elections mark a continuing transition to democratic norms, including respect for human rights and fundamental freedoms as well as adherence to the rule of law, detailed in OSCE commitments.

Unfortunately, the challenges faced by a country in its transition have been complicated in Bosnia by the lingering effects of the 1992-1995 conflict, where all sides—primarily but not exclusively Serb nationalist forces—targeted civilians in ethnic cleansing campaigns. These atrocities, which included the genocide at Srebrenica in July 1995, resulted in the displacement of about half the country’s population, the deaths of approximately 100,000 individuals, and the torture or mass rape of thousands more. More than 20 years later, it would be a mistake to underestimate the social scars associated with such a traumatic experience in a country of 3 to 4 million people.   

The most visible artifact of the conflict, however, is not those scars but the political system in which the upcoming elections will be held. Peace was restored by a combination of outside intervention and concessions at the negotiating table; the resulting constitutional arrangement contained in Annex IV of the Dayton Peace Agreement remains in place today.

This arrangement includes allowing only those declaring their affiliation with one of the three main ethnic groups or constituent peoples—Bosniaks, Serbs, and Croats—to stand for election to a seat on the state-level presidency or in the House of Peoples of the country’s parliament. Even then, citizens are only eligible if they also live in the right place; Bosniaks and Croats must also reside in the Bosnian Federation and Serbs must reside in Republika Srpska.

In 2009, the European Court of Human Rights ruled in favor of two Bosnian citizens, Dervo Sejdic and Jacob Finci, who were ineligible to run as presidential candidates because they do not affiliate with one of the three recognized groups; they are Romani and Jewish respectively. In 2016, Ilijaz Pilav won a similar case at the court when he was denied the chance to run because he is a Bosniak who lives in Republika Srpska. Two years earlier, Azra Zornic also won her ECHR case against Bosnia after she was declared ineligible for not declaring her ethnic affiliation. 

Despite these court victories in Strasbourg, discrimination in Bosnia and Herzegovina continues. Between Bosnian citizens who do not belong to any of the three constituent peoples, Bosniaks and Croats residing in in Republika Srpska, Serbs residing in the Bosnian Federation, and an unknown number of those like Zornic who do not wish to identify on the basis of ethnicity, more than 300,000 Bosnian citizens are denied the right to stand for election to the Bosnian Presidency or seek a seat in the state-level House of Peoples.

The October 2018 elections are further complicated by the 2017 decision of Bosnia’s constitutional court that the mechanism for establishing the Bosnian Federation’s own House of Peoples was unconstitutional and by the annulment of relevant portions of the electoral code. In this case, the claim was made that existing practices had disadvantaged ethnic Croat voters. In early 2018, political talks under international auspices failed to produce a solution, largely due to a desire by those seeking to maintain political power to further entrench ethnicity as a defining factor into the system. The result could be a political crisis after the elections if the Bosnian Federation parliament cannot convene, leading to a similar situation at the state level.

In July 2018, a congressional delegation organized by the U.S. Helsinki Commission visited Bosnia and Herzegovina. Nine Members of Congress met with Sejdic, Finci, and Pilav, as well as civil society representatives and others, to learn more about the ethnic barriers to effective exercise by citizens of their human rights and fundamental freedoms.


The nine-member congressional delegation and U.S. Ambassador Maureen Cormack with Dr. Ilijaz Pilav, Ambassador Jacob Finci, and Mr. Dervo Sejdic in Sarajevo. 

At the end of the visit, the head of the delegation and Helsinki Commission Chairman Sen. Roger Wicker (MS) concluded, “The discriminatory ethnic criteria that prevent some Roma, Jewish, Serbs in the Federation, Croats and Bosniaks in the Republika Srpska, and other citizens who do not self-identify with a group from seeking certain public offices is unacceptable and can easily be addressed… We hope for progress on electoral reform, in line with accepted norms for free and fair elections, so that election results can be implemented and a government formed. We are dismayed at the lack of political diversity within some of the main ethnic groups in this country, and take issue with those who argue they are entitled to a monopoly in representing those groups.” 

The congressional delegation expressed frustration over the lack of progress with the current state presidency. It also asked the OSCE Parliamentary Assembly, meeting in Berlin later that month, to maintain a strong focus on Bosnia and Herzegovina and to send a robust election observation mission to the country in October.

Of course, Bosnia’s woes go beyond this issue. Republika Srpska officials continue to undermine the country’s state-level institutions to justify an agenda that is not only openly separatist but, as evidenced by the recent revocation of a 2004 report acknowledging he massacre at Srebrenica, also highly nationalistic. One political party seeks define ethnic privileges that would essentially allow it alone to represent Bosnia’s Croat population. Bosniak political leaders, while perhaps more flexible regarding non-ethnic political options, nevertheless seem content representing the country’s primary victims from the conflict period as they remain in power and engage, as do the others, in widespread corruption. Malign outside influences, including Russia, thrive on the Bosnia’s political impasse. 

Getting elections right—at this most fundamental level in addition to their overall conduct—is critical and perhaps the best place to start the larger reform effort Bosnia needs. Unless this happens, the country, which is estimated to have the world’s highest youth unemployment rate at well over 50 percent, will see its most talented citizens future vote with their feet, and exercise the right they retain as individuals, regardless of ethnicity, to leave the country behind for a future elsewhere.

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Alan Grayson (FL-09).                

  • Helsinki Commission Honored for Work on Ukraine

    At yesterday’s 2016 Ukraine in Washington forum, the U.S.-Ukraine Foundation recognized the Helsinki Commission for four decades of support for Ukraine and Ukrainian dissidents. “Long before Ukraine’s independence and the formation of the House and Senate Ukraine Caucuses, we must remember there was the Congressional Helsinki Commission,” said Robert McConnell, co-founder of the U.S.-Ukraine Foundation. “It was doing everything possible to shine international klieg lights on Ukraine’s human rights issues, from its political prisoners to the illegality of the Ukrainian Catholic Church.”  The Helsinki Commission has a long history of supporting Ukrainians’ aspirations for human rights and democracy, even prior to independence when Ukraine – the largest non-Russian republic in the Soviet Union – was viewed as a particular threat to Moscow’s rule. Since 1991, the Commission has been a strong supporter of the development of an independent, secure, democratic Ukraine. The Commission was instrumental in introducing and ensuring passage of the original resolution calling for the U.S. to recognize Ukraine’s independence in the face of State Department opposition.  In the intervening 25 years, Helsinki Commission hearings, briefings, and other activities have highlighted issues including Chornobyl; the state of democracy and rule of law; the political situation in Ukraine; elections; and – more recently – Russia’s war against Ukraine and human rights violations in Crimea and the occupied territories of the Donbas.  “We know the Ukrainian people want freedom and democracy, whether it be in Crimea or other parts of the country,” said Helsinki Commission Chairman Christopher Smith (NJ-04). “Yet we find again that this persistent aggression by the Russians—which is reminiscent of Soviet times—continues to make the freedom, democracy, and prosperity that the people so richly deserve that much harder to achieve.” (View video.) Commissioners have also played an active role in the OSCE Parliamentary Assembly on Ukraine, especially in condemning Russia’s aggression and violation of all core OSCE principles enshrined in the Helsinki Final Act. Commission leadership has led several Congressional delegations to Ukraine, including three since Russia’s invasion, and the Commission has observed virtually every national election in Ukraine since 1990. “The Helsinki Commission’s efforts then and now must never be forgotten as they were – though often like cries in the wilderness – critically important in keeping the truth of Ukraine alive and in providing a rallying point for so many efforts that eventually helped Ukraine shed the Kremlin’s shackles,” McConnell said. “The Helsinki Commission for decades was like a beacon of hope. It was an outside promise for the Ukrainian Helsinki Group and a critical source of support for Ukrainian-Americans and so many others as they persevered in their quest for freedom against what seemed like insurmountable odds.”

  • Azerbaijan’s Constitutional Referendum Creates Crisis of Legitimacy

    WASHINGTON—In a recent letter to Azerbaijan’s President Ilham Aliyev, Helsinki Commission Chairman Rep. Chris Smith (NJ-04) expressed deep concern about the country’s September 26 constitutional referendum, which proposes changes that would undermine Azerbaijan’s international obligations to protect democracy. The bipartisan letter urging President Aliyev to reconsider holding the referendum and to live up to his government’s commitment to human rights was also signed by Helsinki Commissioner Rep. Joe Pitts (PA-16) and Rep. Adam Schiff (CA-28). “By lengthening presidential terms and expanding presidential authorities, the proposed constitutional changes are susceptible to abuse that would entrench political authority, making it less responsive to the will of the Azerbaijani people,” the Members of Congress wrote. “We are especially troubled by amendments that would restrict fundamental rights that are vital to open public debate and government accountability.” Proposed changes to Azerbaijan’s constitution include extending the presidential term from five to seven years; removing the age limits for holding elected office; providing immunity for vice presidents; allowing the president to dissolve the national assembly and call early elections; and reorganizing the presidential line of succession. The Government of Azerbaijan has already faced international criticism for its crackdown on journalists, activists, opposition politicians, and members of religious minorities.  The referendum would further restrict fundamental freedoms by placing limits on freedom of expression when it provokes “hostility,” freedom of assembly when it “disrupt[s]…public morale,” and property rights when they violate “social justice and effective use.” “The upcoming referendum creates a grave crisis of legitimacy,” the letter read. “Neither the international community nor the Azerbaijani people can have confidence in a vote that takes place without free access to information, open debate, and transparency. That the Azerbaijani people are being asked to vote on measures that erode democratic principles makes the situation even more unacceptable.” In December 2015, Chairman Smith introduced H.R. 4264, the Azerbaijan Democracy Act, a bill that would deny U.S. visas to senior members of the Azerbaijani government until such a time that Azerbaijan makes substantial progress toward releasing political prisoners, ending its harassment of civil society, and holding free and fair elections. The full text of the letter is below. September 8, 2016 His Excellency Ilham Aliyev President of the Republic of Azerbaijan Presidential Palace Istiglaliyyat Street 19 Baku, AZ 1066 Dear President Aliyev, We write to you to express our deep concern regarding Azerbaijan’s upcoming constitutional referendum on September 26, 2016. We believe that the proposed changes to the constitution and the means for adopting them will undermine your government’s international obligations to protect democracy and human rights. By lengthening presidential terms and expanding presidential authorities, the proposed constitutional changes are susceptible to abuse that would entrench political authority, making it less responsive to the will of the Azerbaijani people. We are especially troubled by amendments that would restrict fundamental rights that are vital to open public debate and government accountability. Shortly following independence, the Government of Azerbaijan in 1992 joined the Organization for Security and Cooperation in Europe (OSCE) thereby expressing its commitment to the protection of fundamental rights and freedoms as one of the basic purposes of government. We regret that in the years hence Azerbaijan's human rights record fails to reflect this commitment. Time and again, the credibility of Azerbaijani elections has been marred by credible reports of ballot stuffing and irregularities with vote counting, as well as limitations on freedom of expression and freedom of association. These troubling precedents motivate our concern about the upcoming referendum. If successful, the vote would change the constitution to extend the presidential term from five to seven years, remove the age limits for holding elected office, provide immunity for vice presidents, allow the president to dissolve the national assembly and call early elections, as well as reorganize the presidential line of succession. Additionally, it would subject fundamental rights to vaguely worded restrictions, circumscribing freedom of expression when it provokes “hostility,” freedom of assembly when it “disrupt[s]…public morale,” and property rights when they violate “social justice and effective use.” We are deeply concerned that Azerbaijani voters are being asked to consider such consequential changes to Azerbaijan’s constitutional framework in a climate that makes free debate all but impossible. In recent days, it has been reliably reported that a number of political activists campaigning against the referendum and several journalists have been detained on trumped-up charges and some have faced mistreatment and torture at the hands of authorities. Even before the latest round of arrests and intimidation, half a dozen journalists were already in jail, Radio Free Europe/Radio Liberty has remained closed since December 2014, and other independent journalists and media outlets faced official harassment. The upcoming referendum creates a grave crisis of legitimacy. Neither the international community nor the Azerbaijani people can have confidence in a vote that takes place without free access to information, open debate, and transparency. That the Azerbaijani people are being asked to vote on measures that erode democratic principles makes the situation even more unacceptable. We urge you to reconsider this constitutional referendum and to re-invigorate your government’s flagging commitment to promote the freedom and dignity of its people by ceasing all harassment and proceedings that target political activists and journalists who peacefully express their visions for Azerbaijan. We are inspired by the example of these brave voices and hope that your government will recognize that Azerbaijan’s strength and stability derives from the liberty of its people. Sincerely, Christopher H. Smith Member of Congress Joseph R. Pitts Member of Congress Adam B. Schiff Member of Congress           

  • Five Years of the Transatlantic Inclusion Leaders Network

    2016 marks the fifth anniversary of the Transatlantic Inclusion Leaders Network (TILN), an innovative project of the U.S. Helsinki Commission, in cooperation with the U.S. State Department, German Marshall Fund, and other stakeholders that prepares diverse, young leaders with a global outlook. TILN bridges the transatlantic divide between the U.S. and Europe by annually bringing together driven individuals from a range of political backgrounds for a week-long workshop focused on inclusive leadership. Workshops take place in European cities ranging from Copenhagen to Brussels to Turin – allowing participants to immerse themselves in international policy-making at national and regional levels.  Participants engage with public and private sector figures while shaping their personal missions and strengthening leadership skills to support careers in public service and transformative initiatives that will promote more equitable societies.  The TILN project already boasts an impressive list of alumni, including U.S. Congressman Ruben Gallego, Swedish Parliamentarian Said Abdu, UN Expert on Minority Issues Rita Iszak, and other Parliamentarians, Ministers, Mayors, City Councilpersons, regional and local leaders. During its five-year history, TILN annual workshops have highlighted issues of special interest to the US Helsinki Commission from the ongoing struggle to realize Roma and migrant rights to racism, anti-Semitism, and religious discrimination.  Additionally, many TILN alumni support innovative initiatives that promote equality and inclusion in their home countries through alumni Action Grants that allow former participants to maintain their connections, further the work of multinational inclusion, and maximize the impact of collective action. For example, former German and Dutch participants have launched national inclusive leadership programs inspired by TILN. The German “Network Inclusive Leaders” program (NILE), created by Gabriele Gün Tank and Daniel Gyamerah of the TILN class of 2013, is a week-long seminar that provides 20 diverse young adults with an opportunity to engage with German political leaders, academics, artists, and others on anti-racism and anti-discrimination efforts. Following the 2016 TILN event, Dutch alumni Mpanzu Bamenga and Kamran Ullah – along with GMF’s Marshall Memorial Fellows Ahmed Larouz and Mei Ling Liem – launched the “Inclusion Leaders Network” in Amsterdam, the Netherlands. The event successfully brought together more than 40 community and political leaders from different parties and sectors to discuss tools and strategies to increase inclusion in political, economic, and education sectors. Both the NILE and the Inclusive Leadership Network have enjoyed the support of the U.S. Helsinki Commission, State Department, GMF, and other stakeholders. Hosted by Helsinki Commissioner Representative Alcee L. Hastings, TILN experts and alumni Simon Woolley, Assita Kanko, Gabriele Gün Tank, and David Mark also attended the 2014 three-day Quad Caucus meeting of the National Black Caucus of State Legislators (NBCSL), the National Asian Pacific Caucus of State Legislators (NAPACSL), the National Caucus of Native American State Legislators (NCNASAL), and the National Hispanic Caucus of State Legislators (NHCSL) in the United States.  In his opening remarks to the Quad Caucus, Commissioner Hastings highlighted the importance of inclusive and representative governance in all countries.  The TILN delegation followed with a panel discussion on the similarity between the U.S. and Europe on experiences of Roma, Muslim, Afro-descent, and other diverse communities, leading to support for joint U.S.-Europe partnerships and initiatives from members of the Quad Caucus. As a result of these meetings, the TILN alumni network was able to organize a speaking tour in Germany for Ajenai Clemmons of NBCSL – a 2015 TILN participant – to share the U.S. minority caucus model in Germany. The momentum of the Quad Caucus also advanced development of anti-discrimination legislation authored by TILN alumni Mpanzu Bamenga in the Netherlands, which was later adopted by Eindhoven City Council. The U.S. Helsinki Commission congratulates TILN on five successful years, and looks forward to witnessing further fruits of the Network as alumni continue to advance inclusive policymaking, thought, and leadership in our societies.

  • President Erdogan's Assault on the Human Rights of the Turkish People

    Mr. SMITH of New Jersey. Mr. Speaker, I rise to remind our government that the human rights abuses committed by Turkish President Erdogan are grave and ongoing, and to distinguish between the Turkish president and the Turkish people--and to stand with the people. President Recep Tayyip Erdogan has in recent years been aggressively violating the human rights of Turkish citizens and undermining the rule of law, in order to root out dissent and consolidate his personal power. The freedom of the press and the rights of common citizens to run schools, businesses, and volunteer associations have come under direct threat. Since assuming the presidency two years ago, President Erdogan has undermined the independence of the judiciary, jeopardizing access to a fair trial and undercutting government accountability. In 2014, he worked to stack the country's High Council of Judges and Prosecutors with party loyalists, enabling his government to ease arrest procedures and curtail opportunities for appeal. This facilitated the detention of thousands of activists, journalists, and businessmen under the country's overbroad terrorism statute. The President has exploited his growing leverage over the courts: his government's reshuffling last month of 3,700 judges and prosecutors rewarded pliant members of the judiciary while punishing others who ruled against the government or heard cases involving official corruption. A law passed earlier this month dismissed most of the judges on Turkey's highest courts, leaving it up to the High Council of Judges and Prosecutors to reappoint them or pick their successors. Mr. Speaker, in addition to undermining government institutions, President Erdogan's tightening grip on Turkey is also weakening the vitality of Turkish society. Under President Erdogan's direction, state authorities are undertaking a campaign of retribution against Erdogan's critics. Since Erdogan assumed the presidency in 2014, the government has opened nearly 2,000 cases against people suspected of “insulting the president” – a crime in Turkey. Professional journalists and major news outlets in particular have incurred the wrath of the President. For reporting that is unflattering to Erdogan, whether on national security issues, the conflict with the Kurds, or official corruption, press outlets have been charged with “supporting terrorism” or have had their entire operations taken over by government-appointed trustees. In one of the most egregious examples, Turkish authorities in March raided the offices of the nation's highest-circulation newspaper, Zaman, and overnight placed it under hand-picked, pro-government management. Mr. Speaker, President Erdogan has taken to politicizing the charge of “supporting terrorism”--undermining the serious business of fighting terrorism, one of the gravest threats faced by the Turkish people. One persistent critic of Erdogan's centralization agenda and authoritarian tendencies is Fethullah Gulen, the founder of Hizmet, a moderate, Islamic civic movement dedicated to promoting education, popular piety, and civic engagement. Because of this criticism, Hizmet and its followers have suffered wave after wave of unfounded terrorism charges and forcible government seizures of businesses, universities, and schools. In May, the Turkish Cabinet approved a decision to designate Hizmet a “terrorist organization,” guaranteeing that this campaign of political retribution will continue. Gulen's followers have been placed in the crosshairs of the very arbitrary policies they criticize. Yet neither our State Department, nor the European Union, nor any other respected body outside Turkey, has ever characterized Hizmet as a terrorist group or anything like it--the Cabinet's designation is absurd. Mr. Speaker, in recent months, the Turkish people have been struck by a wave of violent attacks perpetrated by Islamist and Kurdish terrorists--most recently, a triple-suicide attack at Istanbul's international airport by Islamist extremists killed 44 innocent civilians. Our thoughts and prayers go out to all those maimed in these attacks, to all those who lost beloved family and friends. I am confident that the Turkish people--for centuries renowned for their bravery--will never be cowed by terrorists, and that they will equally resist President Erdogan's attempt to undermine their rights, laws, and freedoms. Our government should stand with the Turkish people on both fronts.

  • U.S. Delegation to OSCE PA Drives International Action against Human Trafficking, Discrimination, and Anti-Semitism

    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 Tourism

    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.

  • Chairman Smith Champions Improved Security for European Jewish Communities at Annual Meeting of OSCE Parliamentarians

    WASHINGTON—At the 2016 OSCE Parliamentary Assembly (OSCE PA) Annual Session, meeting in Tbilisi, Georgia this week, Helsinki Commission Chair Rep. Chris Smith (NJ-04) today called on participating States to more effectively prevent and combat violence against European Jewish communities in the face of increasing anti-Semitic violence in the region. “Violent anti-Semitic attacks are on the rise in several European countries – and there is a lot more we can do to stop it,” said Chairman Smith, who led the U.S. delegation to the event. “European police and security forces should be partnering with Jewish community security groups, and the United States government should be working with the European governments to encourage this. The terrorist threat to European Jewish communities is more deadly than ever. We must act to prevent a repeat of the horrific massacres of Paris and Copenhagen.”  Chairman Smith offered two amendments to the draft 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 frequency, scope, and severity of anti-Semitic attacks in the OSCE region, while the second called on participating States to formally recognize and partner with Jewish community groups to strengthen crisis prevention, preparedness, mitigation, and responses related to anti-Semitic attacks. Both amendments reflect consultations with and requests from European Jewish communities. Chairman Smith has a long record as a leader in the fight against anti-Semitism.  He co-chairs the Bipartisan Task Force for Combating Anti-Semitism in the U.S. House of Representatives and authored the provisions of the U.S. Global Anti-Semitism Review Act of 2004 that created the Office to Monitor and Combat Anti-Semitism within the U.S. State Department. In 2015, he authored House Resolution 354, a blueprint for strengthening the safety and security of European Jewish communities. Following his landmark 2002 hearing on combating the escalation of anti-Semitic violence in Europe, “Escalating Anti-Semitic Violence in Europe,” he led a congressional drive to place the issue of combating anti-Semitism at the top of the OSCE agenda. As part of this effort he authored supplemental resolutions on combating anti-Semitism, which were adopted at the 2002, 2003, and 2004 Annual Sessions of the OSCE PA. In 2004 the OSCE adopted new norms for its participating States on fighting anti-Semitism. Chairman Smith is a founding member of the the Inter-Parliamentary Coalition for Combating Anti-Semitism (ICCA), where he also serves on the steering committee. In the 1990s, he chaired Congress’s first hearings on anti-Semitism and in the early 1980s, his first trips abroad as a member of Congress were to the former Soviet Union, where he fought for the release of Jewish “refuseniks.”

  • Witness Profile: Dr. Valery Perry

    Dr. Valery Perry was one of four expert witnesses at the Helsinki Commission’s May 25, 2016 hearing, “Combatting Corruption in Bosnia and Herzegovina.” Dr. Perry’s interest in Bosnia began in 1997, when she helped supervise the country’s first municipal elections. Seeing it as a “fascinating example of a peace process,” she completed her Ph.D. research in Bosnia while simultaneously working for several organizations on aspects of peace implementation, democratization, and good governance. During the early post-war years, Perry believes that many Bosnians felt that the situation in the country was improving. However, today there seems to be a sense that the country’s development has not only stagnated, but may even be regressing. During the negotiations of the Dayton Accords, Bosnian citizens were not consulted about the ramifications of the agreement or the new constitution, Perry notes, although they have had to live with the consequences. “It’s troubling for me to think that the United States and some of its allies put in place a peace agreement and a framework constitution that may have served its purpose at one point, but is now actually limiting the ability for citizens to create the vision that they want and to hold their leaders accountable,” she says. “One thing you hear all the time when you talk to people who are from Sarajevo is that the city was very different before the war,” Perry continues. “There are so many people in Bosnia who just want the same things anyone anywhere wants – a decent job, good education for their children, safe streets…. and yet they are so poorly served by this post-war system.” As a result, she observes, the lack of social trust in Bosnia is pervasive. “There’s almost a built-in, learned helplessness, especially among young people who have grown up in a fairly dysfunctional system…assuming that if they don’t join a political party they’ll never get a job, and if they’re not prepared to either use connections or possibly even pay a bribe they won’t pass their exams at the university.” “It became very clear to me that corruption is at the heart of what happens when you don’t have good governance, when you don’t have an accountable electoral system, when you don’t have independent media, and when you don’t have a functioning judiciary,” she says. For example, in Bosnia it is rare to hear of corruption cases that are investigated, prosecuted, and have successfully progressed through the entire appeals process. “The judicial system is really not independent,” she says. “We see a lot of cases where someone is found guilty of corruption or abuse of office, but then there are simply repeated appeals until they get the judge and the decision that they want…everything is politicized and divided according to ethnic and national affiliation rather than merit and civic responsibility.” As a first step to addressing the systematic corruption, Perry recommends strengthening laws on conflict of interest, political party financing and state enterprise regulation and transparency. “It would be useful to look at a number of pieces of legislation that are either weak or have recently been weakened, and try to strengthen those…any reforms that lead to legislation need to be accompanied by very clear articulation of which agencies are competent and responsible for seeing them through,” she suggests. “There [also] needs to be vigorous oversight by investigative journalists and civil society actors and others to move forward.” According to Perry, the United States and the international community can support anti-corruption efforts, but the challenge is complicated. “These issues should become a part of election campaigns and debates,” she says. “I think that this is where the US and other international actors involved in Bosnia can get involved as well: by supporting activists and citizens who are in the public debate and together asking, why any officials or candidates would be against more transparency in terms of appointment to the enterprises, or support opaque financing from the public purse?” In addition to her anti-corruption work, Dr. Perry is also working on a documentary film – “Looking for Dayton” – which follows the experience of three men who fought in Sarajevo during the siege and who visit the US and Dayton Ohio 20 years after the end of the war to find out more about the place that shaped the peace and the Dayton Agreement. She says, “We have a lot of work to do but we’re hoping to use the medium of film to tell a story that is interesting in terms of broader issues related to war and its aftermath and its effect on regular people.”   

  • Witness Profile: Ambassador Jonathan Moore

    Ambassador Jonathan Moore is the OSCE’s ambassador to Bosnia and Herzegovina, and has spent most of his career working on the Balkans. He testified at the Helsinki Commission’s May 25, 2016 hearing, “Combatting Corruption in Bosnia and Herzegovina.” Corruption is one of the biggest problems in Bosnia and Herzegovina, and Ambassador Moore is particularly concerned about its dire effects on young people. “It’s an obstacle that drives young people out of the country and it keeps investors away,” he says. “Corruption needs to be combatted on all levels and I am very glad this hearing talked about it.” He identifies part of the problem as lack of privatization, and notes that political patronage plays a significant role in public enterprises like schools and universities. “There hasn’t been much privatization in Bosnia and Herzegovina,” he says. “Imagine you are a 14-year-old and you’re very smart and have great grades. You want to go to a certain kind of public high school—a gymnasium. Well, you might not get admitted unless you have the right kind of political connections. As a 14-year-old, you are not selected because you don’t have the right connections, or you’re not bribing the right people.” The cycle continues at the stage of university applications; graduates seeking jobs in public enterprises continue to face the same challenge. “Again, political patronage and political control,” he explains. “If you don’t fulfill the right criteria politically—it’s not about how smart you are—you don’t get the job you want. So it’s easier to say, ‘Enough,’ and leave. The bottom line is that politics is everything in Bosnia and Herzegovina, and that’s why I started and ended [my testimony] by saying all politics is local.” Ambassador Moore argues very strongly for action at the local level, especially in the 143 municipalities around the country, each with its own mayor. “In many of these cases, these mayors are very innovative and very perceptive,” he notes. “They’ve worked across religious and ethnic lines with their constituents, their fellow neighbors. Mayors don’t hide themselves off in offices in some capital city. They live there, they see these people every day who ask, ‘Why is the school falling apart?’ and say, ‘Fix the sidewalk,’ or ‘The sewer is backed up into my apartment building.’” Ambassador Moore thinks it is important to shine a light on those local officials who have desegregated the schools and are speaking up for different ethnic communities. “We have examples from the flood of 2014, where we saw [a mayor] who made sure that the resources went to all the victims and not just to his friends. Giving credit where credit is due to the positive examples, rather than just saying, ‘It’s a huge problem and nothing can be done,’ is of great merit.” Ambassador Moore believes that it is important to understand the importance of investing in the security and stability of the international realm. Countries without conflict, including Bosnia, are safer, better trading partners, and are more conducive to developing the innovative skills of the young generation. “When you have a country in this cycle of conflict, nobody has the time, resources, energy, or money to put ideas on the table in a positive way,” he says.

  • Helsinki Commission Leaders Mourn Passing of Former Senator and Commissioner George Voinovich

    WASHINGTON—Following the death of former U.S. Senator and Helsinki Commissioner George Voinovich on Sunday, Helsinki Commission Chairman Representative Chris Smith (NJ-04) and Co-Chairman Senator Roger Wicker (MS) issued the following statements: “During his time in the Senate, Senator George Voinovich was a staunch supporter of the Helsinki Commission and its human rights mandate,” said Chairman Smith. “His dedication to the Helsinki principles of respect for the sovereignty of countries and for the human rights of people was an inspiration to his colleagues.  At meetings of the OSCE Parliamentary Assembly as well as Commission hearings and events in Washington, the Senator particularly focused his work on promoting peace and stability in the Balkans, and tirelessly supported efforts to combat anti-Semitism.” “We continue to pursue Senator Voinovich’s vision for a Europe that is free and peaceful,” said Co-Chairman Wicker.  “Just last month, the Commission held a hearing on the Balkans that sought to build a better, more prosperous future for the region.  In the Senate, Senator Voinovich personally spearheaded the expansion of NATO to members of the Transatlantic Alliance who would otherwise have fallen prey to Russia.  He understood that as times change, one thing does not: America can still make a difference.  Senator Voinovich’s legacy is a reminder of this fundamental truth and an inspiration to all of us.”

  • Combatting Corruption in Bosnia and Herzegovina

    Twenty years ago, Bosnia and Herzegovina was beginning a process of recovery and reconciliation following the brutal conflict that marked its first four years of independent statehood and took outside intervention to bring to an end. The United States, which led that effort culminating in the Dayton Peace Accords, has since invested considerable financial and other resources to ensure the country’s unity, territorial integrity and sovereignty, as well as to enable a population devastated and traumatized by conflict to rebuild. Many European and other countries have as well. Today, beyond well-known ethnic divisions and weaknesses in political structure, Bosnia’s progress is stymied by official corruption to the detriment of its citizens’ quality of life and the prospects for the country’s integration into Europe. Amid recent press reports on scandals involving various government officials; public perceptions of corruption rank Bosnia and Herzegovina among the worst in the Western Balkans.    This hearing examined the current situation regarding corruption and its causes at all levels of government in Bosnia and Herzegovina, and looked at efforts by the United States and the international community, along with civil society, to combat it. It featured witnesses from OSCE, USAID, and from civil society. “Left unchecked, corruption will hinder Bosnia and Herzegovina’s integration into Europe and NATO,” said Helsinki Commission Co-Chair Roger Wicker (MS), “Twenty years after Dayton there is no excuse for corruption and the risk it brings to prosperity for future generations.” Last year, Senator Wicker and Senator Shaheen (NH) were among a presidential delegation sent to Bosnia to commemorate the 20th anniversary of the massacre at Srebrenica. And in November of that year, they introduced the Bosnia and Herzegovina-American Enterprise Fund Act to grow small- to medium-sized businesses. The United States has a long-standing and deep commitment to maintaining the sovereignty, stability, and recovery of Bosnia, while fostering future prosperity within the country. Senator Wicker has seen a lot of progress since he first visited Bosnia in 1995, but he called for even more to be done by Bosnian officials and the international community. The first witness was Ambassador Jonathan Moore, head of the OSCE Mission to Bosnia and Herzegovina, he spoke on various topics and outlined the OSCE’s goals and plans for Bosnia. Beyond ending corruption, the OSCE seeks to revitalize the lagging education system and to combat violent extremism. He emphasized the importance of transparency, “It is clear that simply having laws and institutions is not enough.  Laws must be implemented and obeyed, and prosecutors and judges must do their jobs.  Furthermore, old patterns of political patronage must stop.” The next witness was the Honorable Thomas Melia, assistant administrator at USAID for Europe and Eurasia, who reinforced Amb. Moore’s testimony, focusing the economic ramifications of corruption. “Corruption leads to a weakening of democratic institutions, economic decay by discouraging investment, increased inequality, and deprives states of the resources they need to advance their own development.  In the wider European region, states weakened by corruption are also more susceptible to malign pressure and manipulation from Putin’s Russia, as any semblance of a rules-based order often seems to take a backseat to power, influence and greed.” The final two witnesses spoke of the bleak state of civil rights in Bosnia. Corruption has all but ended Bosnian citizens’ abilities to access justice, work out for a better life, and speak freely. Each of witnesses emphasized the need for further and tougher action; simply scolding officials is not enough. “Past experience shows that simply calling on leaders to undertake reforms and to take responsibility is not sufficient. Generating a genuine and articulated internal demand for reforms is key to achieving sustainable progress,” said Mr. Srdjan Blagovcanin, the third witness, is chairman of the board of the Bosnia Chapter of Transparency International. The final witness, Dr. Valery Perry, suggested that election reform was a necessary step to ending corruption in Bosnia. Co-Chairman Wicker was joined at the hearing by a panel of lawmakers including Commission Chairman Chris Smith (NJ-04), Senator Jeanne Shaheen, Representative Robert Aderholt (AL-04), and Representative Scott Perry (PA-04).

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