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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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    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced a hearing to examine the grim state of human rights and democracy in the Russian Federation. DEMOCRACY & HUMAN RIGHTS ABUSES IN RUSSIA: NO END IN SIGHT Wednesday, April 26, 2017 9:30 AM Dirksen Senate Office Building Room 124 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce042617 Russia’s overt external aggression against countries such as Ukraine, its support for the Assad regime in Syria, and its efforts to disrupt western democracies are made possible by the internal repression of its own people.  For example, Russia has not had a free and fair election since March 2000. Opposition activists are routinely assaulted or even murdered, giving rise to a new term: “Sudden Kremlin Death Syndrome.” Political prisoner numbers now match those of the late Soviet era, and on March 26, tens of thousands of people in cities across 11 time zones protested widespread government corruption, with more than 1,000 arrested. More nationwide protests are expected on June 12, the national holiday of the Russian Federation. The following witnesses are scheduled to testify: Vladimir Kara-Murza, Vice Chairman, Open Russia Rachel Denber, Deputy Director of the Europe and Central Asia Division, Human Rights Watch Daniel Calingaert, Executive Vice President, Freedom House

  • International Roma Day 2017

    International Roma Day is observed annually on April 8, commemorating the anniversary of the1971 London meeting of Romani activists from across Europe. The 1971 London meeting, convened as the "World Romani Congress," was one of the first transnational gatherings of Roma.  Since 1990, International Roma Day has been an opportunity to celebrate Romani culture and counter anti-Roma prejudice that fosters political and economic marginalization.  Roma—Europe’s Largest Ethnic Minority Roma live throughout all European countries as well as the Americas and Australasia. In Europe, the Roma population is very conservatively estimated at 15 million, with large concentrations in Central, Eastern, and Southern Europe.  Roma have migrated to the United States since the colonial period. There are an estimated one million Americans with some Romani roots (recent or distant Romani ancestry).  Roma live throughout the United States, with larger communities in New York City, Baltimore, Chicago, and Los Angeles. They are sometimes the victims of racial profiling by law enforcement.  The last explicitly anti-Roma law in the United States was repealed in New Jersey in 1998. Romani Americans have served as public members on the U.S. delegation to several OSCE human dimension meetings.  In 2016, the President appointed Dr. Ethel Brooks to serve on the U.S. Holocaust Memorial Museum Council, bringing a Romani voice to that body. Helsinki Commission Advocacy on Romani Human Rights The Commission has long record of addressing human rights issues relating to Roma.  As early as 1990, a Helsinki Commission delegation in Bucharest raised alarm orchestrated attacks on Roma conducted as part of a larger crackdown on dissent.  Helsinki Commissioners have continued to engage regarding the situation of Roma through hearings, briefings, and congressional meetings with Roma in Europe and the United States.  In recent years, the Commission has supported Romani inclusion in annual initiatives for political leaders such as the Transatlantic Minority Political Leadership Conference (TMPLC) and Transatlantic Inclusion Leaders Network (TILN).  On March 27-28, the Commission worked in cooperation with the OSCE Office for Democratic Institutions and Human Rights to hold a workshop during “Roma Week” at the European Parliament in Brussels titled, “Strengthening diverse leadership, participation and representation of Roma, including women and youth, in public and political life.”  Roma Day Events in the United States Harvard will host its fifth Annual Roma conference on April 10, where Helsinki Commission staff will participate. Scholars of Romani culture and Roma who work as academics, activists, and performers will convene a conference at New York University April 28-29. Later in the spring, on May 6, the 20th Annual Herdeljezi Music Festival will be held in the San Francisco area at the Croatian American Cultural Center. In the Washington area, the Embassy of the Czech Republic supported a March 30 screening of the documentary about the prejudice faced by the FC Roma football club. On May 17, the Czech Embassy will support a concert at the national Gallery of Art by Romani-Czech pianist Tomas Kaco. Learn More International Roma Day: Statement by U.S. Secretary of State Rex Tillerson Celebrating International Roma Day: Statement by USOSCE Acting Deputy Chief of Mission Michele Siders International Roma Day: Statement by OSCE/ODIHR Director Michael Link

  • Romani Political Participation Key to Change

    On March 27 and 28, 2017, thirty-five Romani elected officials and civil society representatives participated in a two-day event held by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) in cooperation with the U.S. Helsinki Commission, as part of the European Union’s “Roma Week.”  The event focused on opportunities to enhance Romani political participation as a means of strengthening the long-term strength and stability of the OSCE region.  As citizens of many OSCE participating States, Roma have long contributed to the prosperity of their countries in numerous ways, ranging from serving in the military to educating the next generation.  However, Roma are often described and perceived in negative terms, leading political leaders and others, to consider Roma a problem rather than a solution. Referring to the political rhetoric that instigated the tragic murders of Roma in 2008 and 2009, Romani-Hungarian researcher and Transatlantic Inclusion Leaders Network alumni Roland Ferkovics stressed, “Political narratives should not only motivate and influence people but should also unite…Political leaders must take Roma as equal partner(s) using narratives [that] focus on similarities instead of differences.” Diverse speakers from across the OSCE region also shared experiences and practices that have been successful in inspiring democratic change. “Standing for elected office and using one’s right to vote is a powerful tool for Roma communities in Europe to counter anti-Roma rhetoric, hate crimes and racism,” said Mee Moua, former President of Asian Americans Advancing Justice (AAJC), who also served as a Minnesota State Senator in the United States. Noting the importance of united communities, Killion Munyama, a member of the Polish Parliament and the Parliamentary Assembly of the Council of Europe, noted the importance of Roma having a seat at the decision-making table:  “Societies benefit from broad and diverse participation representing the voices of all communities in the public and political spheres.” Participants also stressed the urgency in ensuring the success of current Romani legislative initiatives and the importance of ensuring that legislative initiatives aimed at Roma, such as the EU Framework Strategy for Integration, are designed and implemented with the participation of Roma at all levels of government.  Other speakers at the event included MEP Terry Reintke, former MEP Livia Jaroka, and Jamen Gabriela Hrabanova of the European Roma Grassroots Organizations Network. Dr. Mischa Thompson of the Helsinki Commission participated as a facilitator.

  • Panelist Profile: Dr. Margareta Matache

    Dr. Margareta Matache was a speaker at the Helsinki Commission’s February 16, 2017 panel discussion on the challenges faced by Romani communities in Romania. The event followed a screening of the acclaimed Romanian film “Aferim!” (“Bravo!”), which addresses the forgotten history of 500 years of Roma slavery in two former Romanian principalities. Margareta is a Romani activist and scholar from Romania with over 18 years of experience in the field of human rights. She joined the Harvard FXB Center for Health and Human Rights team in 2012, where she currently works as an instructor and director of the Roma Program. Before this position, for seven years Dr. Matache served as the executive director of Romani CRISS, a leading Romani non-profit in Romania. Margareta grew up under the first wave of Romani activism in post-communist Romania. Her father, a construction worker of Romani descent, was a community activist himself, which played a role in fostering her interest in the field of human rights. “This activist environment taught me about our ancestors, some of whom on my mother’s side may have been slaves, and so I am trying to document that now,” she says. Margareta was the first child in her family and community to attend high school. She has a B.A. in Social Work, an M.A. in European Social Policies and a PhD, magna cum laude, from the University of Bucharest. However, her educational path was no easy feat. “As an adolescent, I felt the pressure and pain of race and class constructs and wanted to drop out from school way too often,” she admits.   She says that those feelings later became one of the triggers of her motivation to dedicate a large portion of her work to fighting racism and stigma against Romani adolescents. Margareta became involved with the Romani movement in 1999 as a volunteer for the Roma Students Association, working with association director Emilian Nicolae in a local community in Bucharest. Six years later, she became the executive director of Romani CRISS. “Taking a stand in cases of anti-Roma racism was at the core of our work at Romani CRISS,” Margareta says. Since the 1990s, the organization has documented countless cases of Romani rights violations which were later ruled upon by the European Court of Human Rights (ECHR) and included in reports from Amnesty International, the U.S. State Department, and other institutions. “In 2006, we assisted the community in the town of Apalina, after the police used violence against 37 Roma, including elders. Based on a complaint filed by Romani CRISS, the ECHR condemned the way the Romanian government had conducted the investigation and awarded the victims €192,000 in damages,” she recalls.   Yet, she also recalls that they lost cases before the court in many instances. “We had quite a lot of failures or so called ‘lessons learnt,’” she adds. Margareta’s work was also dedicated to fostering the right to education. “When I took over the Romani CRISS leadership, I continued prioritizing the issues of Romani children segregated in separate schools and classes from their non-Roma peers. We set up a coalition of five renowned nonprofit and intergovernmental organizations that worked with the Ministry of Education to develop a legal document that prohibits segregation. In 2007, our advocacy led to the issuing of a School Desegregation Bill,” she recounts. In 2011, along with other partners, Margareta’s organization convinced the Romanian Parliament to include an article that targets the misdiagnosis and abusive placement of children in special schools based on their ethnicity or another discriminatory criterion in the new Education Law. Despite these successes, Margareta feels that there is still a lot to be done as Romani children continue to be placed in segregated schools and classes to this day. In 2012, Margareta decided to take a break from activism and shifted to academia. At the Harvard FXB Center for Health and Human Rights, she has been pursuing and piloting participatory approaches for assessing the needs of Romani youth and suggest better-informed policies and measures. Moreover, the Roma Program has provided support for Romani and non-Romani youth to conduct culturally sensitive and participatory research. Margareta is also contributing to strengthening ties and joint advocacy efforts between Roma and other social movements, working on reparations claims across historical and geographical spheres.  Slavery in Romania is an example of past state-sponsored injustices around which Margareta’s program try to create awareness and solidarity. “Romania has not even advanced symbolic reparations, including memorials, museums to acknowledge this episode in our country history. Roma and Romanian children are simply deprived from learning about this central episode in their collective history. We need to help the next generations of children, Roma and non-Roma, to learn about the origins of the present-day biases, racist behaviors, and also, to understand the effects of the unseen gadjo or non-Roma privilege,” she says. Margareta also champions the idea to use films and other artistic productions as a tool to ignite discussions and raise awareness of difficult topics. She points out that "Aferim!" helped lay the foundations for the acceptance, recognition, and memorialization of the past of injustice in Romania. “It was remarkable to me that the film was produced and directed by fellow Romanians, who told the world the hidden truth about the uncomfortable past of 500 years of slavery on Romanian territories. I think that 'Aferim!' started the public conversation on the history of slavery while The Great Shame, a play written and directed by the brilliant mind of Alina Serban, continues the conversation on slavery and takes a step further, by looking at the past through the eyes of the present,” she says. According to Margareta, what makes the film exceptional is that “'Aferim!' shifts the emphasis on the non-Roma and their moral responsibility for past injustices and the roots of present-day injustice, including exploitation and discrimination, pulling to pieces the discourse on Roma vulnerability and  the ‘Roma problem.’” “We would not need any integration policy if we benefited from a just treatment throughout our history, she says. “'Aferim!' speaks, in many ways, to all embedded biases in our Romanian culture, and also mocks them in a manner that could potentially help Romanians understand present-day discrimination against Roma and other groups, and how ridiculous and outdated racism should be.” Asked why learning about Roma is important for Americans, Margareta points out that there is a need to build solidarity with the Roma. However, she also stresses that Romani communities face stigmatization on the American soil as well: “There is an idea in the U.S. that the gypsies are not a people; it’s rather a way of life: bohemian, free spirit. The truth is that we have quite a large Romani population here in the United States, about a million people. Also, reality shows, Hollywood movies, and many other cultural products continue to portray Roma solely in stereotypical images and that adds to the stereotypical ways in which some Americans perceive this population. Fearing stigma, many Roma in the U.S. hide their identity.  In this context, there is a need for mobilization of Romani people in the U.S. in view of building a new discourse to balance the stereotypical ways in which some Americans perceive this population."

  • Screening and Panel Discussion: Aferim! (Bravo!)

    The critically acclaimed Romanian film “Aferim!” (Bravo!), directed by Radu Jude, is the first Romanian film to depict the enslavement of Roma in 19th century Romania. Set in 1835 Wallachia, a southern region of what is today Romania, the film’s plot follows a policeman, Costandin, and his son Ionita, who are hired by a nobleman to find a Romani slave who has run away from his estate after having an affair with the nobleman’s wife. As the protagonists travel along the wild stretches of the Romanian countryside, they encounter vivid archetypes of Romanians. With strong emphasis on class divides, the film portrays the stark contrast between the enslaved Roma, Romanian peasantry, and the all-powerful nobility. The film’s remarkable level of detail reflects the use of historical documentation, contributing to a gripping portrayal of Romanian society into which one is quickly immersed. Following the film, Erika Schlager, Helsinki Commission Counsel for International Law, moderated a discussion with Dr. Margareta Matache, Cristian Gaginsky, and Dereck Hogan who each offered unique perspectives into how “Aferim!” serves as both a remarkable piece of cinema, and as an important educational tool on the much neglected issue of slavery in Romania and its lasting impact. Cristian Gaginsky, Deputy Chief of Mission for the Romanian Embassy, outlined the measures undertaken by the Romanian Government to improve the situation of Roma in Romania, as well as the need for a broader level of global awareness on Romani issues. The discussion then passed to Dereck Hogan, Director of the Department of State’s Office for Central Europe. Noting that the United States shares the ugly legacy of slavery and the continuing struggle to address its lasting impacts on our society, politics, and culture, Hogan described State Department engagement on Romani issues and a common goal of preventing acts of discrimination. Finally, Dr. Margareta Matache, a leading Romanian Romani activist and scholar currently at the FXB Center for Health & Human Rights at Harvard University, emphasized the education is one of the most powerful tools that can dismantle power relations and poverty. At the same time, she added, “[w]e need to focus more on anti-Romani racism in schools. I think that children, both Romani and non-Romani children in Romania, need to know what slavery meant for our country and how we can overcome, how we can create solidarity with Roma, and how we can actually have more responsibility for the common past of our country.”

  • Helsinki Commission to Screen Acclaimed Film Aferim! (Bravo!)

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, with the participation of the Embassy of Romania and the U.S. Department of State, will host a screening of the acclaimed Romanian film Aferim! (Bravo!), the first Romanian film to grapple with the enslavement of Roma. The film will be followed by a panel discussion featuring Romani activist Dr. Margareta Matache, FXB Center for Health & Human Rights, Harvard University. Additional remarks will be offered by Cristian Gaginsky, Deputy Chief of Mission, Embassy of Romania, and Dereck Hogan, Director, Office of Central European Affairs, Department of State. AFERIM! (BRAVO!) Thursday, February 16 Cannon House Office Building Room 122 2:00PM – Film Screening 4:00PM – Panel Discussion Aferim!, Romania’s 2016 submission for the foreign-language Oscar, follows a constable and his son in 1835 as they track down a run-away slave, encountering various Romanian archetypes along the way.  Roma, Europe’s largest ethnic minority, were enslaved in Romania until their emancipation during the founding of the modern Romanian nation state in the second half of the 19th century. Today, approximately two million of Europe’s 15 million Roma citizens live in Romania. Romania commemorates the end of slavery on February 20.

  • Helsinki Commission Chairman Wicker Comments on Poisoning of Pro-Democracy Russian Activist, Fighting in Ukraine

    WASHINGTON–Helsinki Commission Chairman Sen. Roger Wicker (MS) today issued the following statement regarding the recent acts of aggression perpetrated by the Russian government: “In today’s Russia, there is a disturbing trend of violence that targets members of the political opposition. I am particularly concerned about Vladimir Kara-Murza, who is fighting for his life in a Moscow hospital after being poisoned.  Mr. Kara-Murza has appeared at multiple Helsinki Commission events and is a tireless advocate for restoring democratic freedoms to the Russian people. The United States should have no illusions about the nature of the Russian regime. “Meanwhile, fighting in eastern Ukraine continues to spread.  Last week, the OSCE’s Special Monitoring Mission to Ukraine reported the heaviest fighting since combined Russian-separatist forces captured Debaltseve in January 2015.  The OSCE Parliamentary Assembly has repeatedly condemned Russia’s ‘clear, gross, and uncorrected’ violations of OSCE principles with respect to Ukraine. “I stand with UN Ambassador Nikki Haley in condemning the escalation of violence.  Russia should respect the sovereignty and territorial integrity of Ukraine.” Vladimir Kara-Murza has a longstanding relationship with the Helsinki Commission. He first appeared at a Helsinki Commission briefing in 2011. He testified at a Helsinki Commission hearing on Russia in 2015 and briefed Commission staff before the 2016 Russian parliamentary elections.

  • Co-Chairman Smith Expresses Support for Vladimir Kara-Murza

    WASHINGTON—Responding to reports that Russian democracy activist Vladimir Kara-Murza, currently in a coma in a Russian hospital, was diagnosed with “acute poisoning by an undetermined substance,” Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04) released the following statement: “I am deeply concerned by reports that, just as in 2015, Vladimir Kara-Murza was poisoned in Russia. Kara-Murza has been a champion of free and fair elections in Russia, and has fought bravely to hold Russian officials accountable for human rights violations.  Vladimir and his family are in my thoughts and prayers. We all hope that he recovers quickly–and I call upon the Russian government to take all measures to investigate this incident, and to bring those responsible to justice.” Kara-Murza testified before Smith at a Helsinki Commission hearing in October 2015, several months after a suspected poisoning earlier that year. Kara-Murza was also the target of death threats before the 2016 Russian parliamentary elections.  

  • Hearing Addresses Genocide, War Crimes Driving Refugee Crisis in OSCE

    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 Perpetrators

      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).                

  • 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           

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