Title

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OSCE Meeting Examines Hate Crimes and Racist, Xenophobic, and Anti-Semitic Internet Propaganda
Wednesday, June 30, 2004

  “I disapprove of what you say, but I will defend
to the death your right to say it.”

– Voltaire

By Erika Schlager
CSCE Counsel on International Law

On June 16 and 17, 2004, the Organization for Security and Cooperation in Europe’s participating States met in Paris for a meeting on “the Relationship between Racist, Xenophobic and Anti-Semitic Propaganda on the Internet and Hate Crimes.”  The meeting was part of an OSCE focus this year on racism, xenophobia, discrimination, and anti-Semitism and, like two other special human dimension meetings scheduled for this year, was mandated by the OSCE Ministerial Meeting held Maastricht last December.

Conferences on anti-Semitism (held in Berlin, April 28-29) and racism, discrimination and xenophobia (to be held in Brussels, September 13-14) are intended to build on high-level meetings already held last year in Vienna on those same subjects. The Paris meeting focused on a specific issue – the Internet - related to the overall topic.  

The convocation of a special meeting on the relationship between racist, xenophobic and anti-Semitic propaganda on the Internet and hate crimes was the product of advocacy by non-governmental organizations such as IN@CH, the International Network Against Cyber Hate, and the leadership of the Government of France.  IN@CH had previously raised awareness of the problem of hate mongering on the Internet at the OSCE’s annual Human Dimension Implementation Meeting in 2002 and, at the 2003 Human Dimension Implementation Meeting, hosted a side-event on the subject.  Historically, the OSCE has been most effective when governments gain a sense of ownership of an issue and exercise leadership in moving it forward.  Non-governmental organizations typically play a critical role in identifying concrete human rights problems and bringing them to the attention of governments.

The U.S. Delegation to the Paris meeting was jointly led by Ambassador Stephan M. Minikes, head of the U.S. Mission to the OSCE; R. Alexander Acosta, Assistant Attorney General for Civil Rights; and Dan Bryant, Assistant Attorney General for Legal Policy.  Markham Erickson, General Counsel from Net Coalition; Brian Marcus, Director of Internet Monitoring; Anti-Defamation League, and Ronald Rychlak, Professor of Law and Associate Dean, University of Mississippi Law School, joined the delegation as Public Members. 

Other members of the delegation came from the Department of State, the Department of Justice, and the Helsinki Commission.  The United States Delegation engaged fully in the 2-day meeting, making presentations in all formal sessions and side events, holding bilateral meetings, and conducting consultations with non-governmental organizations.  Assistant Attorney General Dan Bryant was a keynote speaker.

Although the meeting was mandated to examine the relationship between hate propaganda on the Internet and hate crimes, few participants actually discussed the nexus between these two phenomena.  For many participants, the existence of a cause-and-effect relationship was simply an article of faith or intuition, and did not lead to an exploration of the nature of that relationship.  As a consequence, the meeting made only a marginal contribution to an understanding of which populations might be most vulnerable to the influence of hate propaganda, whether hate propaganda on the Internet fosters some particular kinds of hate crimes more than others, or whether the effect of hate propaganda on the Internet plays a different role in fostering violent crimes than, for example, weak law enforcement or public officials who make or refuse to condemn racist, anti-Semitic or xenophobic remarks.  It is not clear whether web-based hate propaganda is related to spikes in hate crimes that have occurred in some countries in recent years, or why, as seems to be the case, some places with unfettered Internet access have relatively lower levels of hate crimes than other places with similarly unfettered Internet access.

Nevertheless, participants did address a broad range of subjects related to hate propaganda, hate crimes and the Internet over the course of the two days.  Formal sessions focused on “Legislative Framework, Including Domestic and International Legislation Regarding Propaganda on the Internet and Hate Crimes,” “The Nature and Extent of the Relationship between Racist, Xenophobic and anti-Semitic Propaganda on the Internet and Hate Crimes,” “Public and Private Partnerships in the Fight Against Racism, Xenophobia and Anti-Semitism on the Internet – Best Practices,” and “Promoting Tolerance on and through the Internet – Best Practices to Educate Users and Heighten Public Awareness.”   Side events were held on “Guaranteeing Media Freedom on the Internet,” “‘The IN@CH Network’ - Dealing with Cyber Hate on a Daily Basis,” “Identifying Examples of Hate Speech: A BBC Monitoring Project,” “Filtering: Princip, the Solution that goes beyond Key Words,” “Satellite Television and Anti-Semitism: How to Combat the Dissemination in Europe of Racist and Anti-Semitic Propaganda through Satellite Television?” and “Promoting Awareness of Anti-Semitism in the European Classroom: Teacher Training, Curricula, and the Internet.”

A number of speakers, including U.S. Government representatives, discussed the legal mechanisms for action that might be taken when hate propaganda rises to the level of a crime in and of itself, such as when the hate propaganda constitutes a threat or incitement to a criminal action.  Many speakers discussed the role of non-governmental organizations in monitoring and facilitating the removal of hate sites from the web when they violate the terms of agreements with their Internet service providers (ISPs).  Some participants described ways in which the pernicious effects of hate speech can be mitigated or countered.  For example, a Canadian non-governmental organization, Media Awareness Network, made a presentation on programs in Canadian schools designed to teach children to distinguish between hate propaganda sites and legitimate information sources.  Vividly illustrating the challenges and risks for those organizations which monitor and report on the activities of extremist hate groups, the offices of People Against Racism, a Slovak non-governmental organization that participated in Paris meeting, were burned out only weeks before the meeting opened.

Although there was broad agreement on the goal of combating hate propaganda, some participants flagged concerns about the methods that might be used to that end.  For example, industry representatives provided some insight regarding difficulties faced due to the technological challenges of tracking, filtering, or blocking hate propaganda transmitted through the Internet, emails, or text messaging.  Some concepts of regulation, they argued, could not be effectively implemented given the state of current technology.  Asking ISPs to be responsible for screening all content on the web is not feasible, anymore than making telephone companies responsible for everything that gets said over the telephone.

A few participants drew attention to factors other than hate propaganda on the Internet that may contribute to hate crimes.  A Russian non-governmental representative, for example, remarked that there was more anti-Semitism in the Russian State Duma than on Russian-language web sites.  And, illustrating the complexities of deciding exactly what constitutes hate propaganda, one non-governmental representative argued that evangelical Christian sites that reach out to Jews should be considered anti-Semitic.  Similarly, the Russian delegation identified the web sites of the Jehovah’s Witnesses and Hare Krishnas as “promoting hate doctrines.”

Other concerns were voiced as well.  Some non-governmental groups suggested that ISPs were ill-suited to determine whether web sites constituted hate propaganda or not.  One described an ISP that removed an innocuous site devoted to English philosopher John Stuart Mill after that non-governmental organization – testing the bases upon which ISPs would act – urged the ISP to take down the allegedly racist site. Regulation of hate propaganda by ISPs, they concluded, lacked transparency and accountability.

Some speakers warned that combating hate propaganda could be used as a pretense for sanctioning views disfavored by the regime.  The International League for Human Rights suggested that states with “weak democratic institutions and traditions” should not be entrusted with additional powers of control beyond those that already exist.  Indeed, some speakers argued there have already been instances where laws against incitement to racial hatred (or similar laws) have been misapplied for political or other purposes.  The ongoing fight against terrorism, they suggested, increases that danger.  In fact, only days after the Paris meeting concluded [June 22], the Paris-based watchdog Reporters without Borders released a report entitled “Internet Under Surveillance,” documenting repression of the Internet around the globe.  One of the U.S. recommendations made during the meeting was that the OSCE Representative on Freedom of the Media should examine whether hate speech laws are being enforced in a discriminatory or selective manner or misused to suppress political dissent.  The full texts of statements circulated at the Paris meeting by the United States and other participants are available through the OSCE’s Internet web site at http://www.osce.org/events/conferences/anti-racism.

One of the sub-texts of the meeting was the putative “Atlantic Divide.” In the context of discussions of “cyber hate” and hate crimes, this phrase was used to describe the perceived gulf between the United States’ and Europe’s approaches to hate propaganda.  According to the adherents of the “Atlantic divide” theory, the United States is a free-speech Wild West, where speech has no limitations or legal consequences.  “Europe,” in contrast, is portrayed as a unified region speaking with one voice, populated by those who have wisely learned from the horrors of World War II that dangerous speech can and must be sanctioned and that governments are easily capable of performing this task and do so as a matter of course.  The “Atlantic Divide” perception was fostered by Robert Badinter, former French Minister of Justice and current president of the OSCE Court of Arbitration and Conciliation, who, in a keynote address, dramatically appealed to the United States to “stop hiding behind the first amendment.”

Others, however, implicitly or explicitly rejected this overly simplistic image.  In the United States, a long chain of legal authority recognizes that the right to free speech and freedom of expression is not absolute.  As U.S. Public Member Robert Rychlak noted, “When speech crosses the line and becomes more than speech – when it presents a clear and present danger – the authorities must be prepared to step in and take legal action.  At that time, the speech may constitute an actual threat, true harassment, or be an incitement to imminent lawlessness.”  Department of Justice officials separately gave examples of numerous recent cases where individuals were prosecuted for sending email messages that rose to the level racially motivated threats.  While it is important not to over-read these or related cases – criminal sanctions based purely on one’s opinion remain prohibited – they should dispel the misimpression that there are no limitations whatsoever on speech or the consequences of speech in the United States.

Conversely, the context of the meeting also provided an opportunity to reflect on the image of Europe as a continent uniformly bound in a single regulatory approach to hate speech.  In reality, the national laws relating to hate speech of individual European countries vary considerably; what constitutes prohibited speech in one country may be permitted in the next.  Moreover, both national courts and the European Court of Human Rights apply balancing tests to speech restrictions that, while not identical to balancing tests applied by U.S. courts, are not entirely dissimilar.  The Hungarian Constitutional Court, for example, in May 2004 held that a proposed hate speech law would violate the free speech provisions of the Hungarian Constitution.  Just before the opening of the Paris meeting, on June 13, the French Constitutional Council struck down parts of a new law governing communication over the Internet (adopted to implement a June 8, 2000, European Union directive on electronic commerce).

The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce.

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It is therefore necessary for the United States to continue its strong leadership role in both bilateral and multilateral fora to stem the proliferation of WMD and the means to deliver them, including robust enforcement of U.S. non-proliferation laws. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Floor Debate of H. Con. Res. 49 Condemning Anti-Semitism in Europe

    EXPRESSING SENSE OF CONGRESS THAT ESCALATION OF ANTI-SEMITIC VIOLENCE WITHIN PARTICIPATING STATES OF OSCE IS OF PROFOUND CONCERN AND EFFORTS SHOULD BE UNDERTAKEN TO PREVENT FUTURE OCCURRENCES Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H . Con . Res . 49 ) expressing the sense of the Congress that the sharp escalation of anti-Semitic violence within many participating States of the Organization for Security and Cooperation in Europe (OSCE) is of profound concern and efforts should be undertaken to prevent future occurrences. The Clerk read as follows: H . Con . Res . 49 Whereas the expressions of anti-Semitism experienced throughout the region encompassing the participating States of the Organization for Security and Cooperation in Europe (OSCE) have included physical assaults, with some instances involving weapons or stones, arson of synagogues, and desecration of Jewish cultural sites, such as cemeteries and statues; Whereas vicious propaganda and violence in many OSCE States against Jews, foreigners, and others portrayed as alien have reached alarming levels, in part due to the dangerous promotion of aggressive nationalism by political figures and others; Whereas violence and other manifestations of xenophobia and discrimination can never be justified by political issues or international developments; Whereas the Copenhagen Concluding Document adopted by the OSCE in 1990 was the first international agreement to condemn anti-Semitic acts, and the OSCE participating States pledged to “clearly and unequivocally condemn totalitarianism, racial and ethnic hatred, anti-Semitism, xenophobia and discrimination against anyone as well as persecution on religious and ideological grounds”; Whereas the OSCE Parliamentary Assembly at its meeting in Berlin in July 2002 unanimously adopted a resolution that, inter alia, called upon participating States to “ensure aggressive law enforcement by local and national authorities, including thorough investigation of anti-Semitic criminal acts, apprehension of perpetrators, initiation of appropriate criminal prosecutions and judicial proceedings”; Whereas Decision No. 6 adopted by the OSCE Ministerial Council at its Tenth Meeting in Porto, Portugal in December 2002 (the “Porto Ministerial Declaration”) condemned “the recent increase in anti-Semitic incidents in the OSCE area, recognizing the role that the existence of anti-Semitism has played throughout history as a major threat to freedom”; Whereas the Porto Ministerial Declaration also urged “the convening of separately designated human dimension events on issues addressed in this decision, including on the topics of anti-Semitism, discrimination and racism and xenophobia”; and Whereas on December 10, 2002, at the Washington Parliamentary Forum on Confronting and Combating anti-Semitism in the OSCE Region, representatives of the United States Congress and the German Parliament agreed to denounce all forms of anti-Semitism and agreed that “anti-Semitic bigotry must have no place in our democratic societies”: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That it is the sense of the Congress that-- (1) officials of the executive branch and Members of Congress should raise the issue of anti-Semitism in their bilateral contacts with other countries and at multilateral fora, including meetings of the Permanent Council of the Organization for Security and Cooperation in Europe (OSCE) and the Twelfth Annual Session of the OSCE Parliamentary Assembly to be convened in July 2003; (2) participating States of the OSCE should unequivocally condemn anti-Semitism (including violence against Jews and Jewish cultural sites), racial and ethnic hatred, xenophobia, and discrimination, as well as persecution on religious grounds whenever it occurs; (3) participating States of the OSCE should ensure effective law enforcement by local and national authorities against criminal acts stemming from anti-Semitism, xenophobia, or racial or ethnic hatred, whether directed at individuals, communities, or property, including thorough investigation and prosecution of such acts; (4) participating States of the OSCE should promote the creation of educational efforts throughout the region encompassing the participating States of the OSCE to counter anti-Semitic stereotypes and attitudes among younger people, increase Holocaust awareness programs, and help identify the necessary resources to accomplish this goal; (5) legislators in all OSCE participating States should play a leading role in combating anti-Semitism and ensure that the resolution adopted at the 2002 meeting of the OSCE Parliamentary Assembly in Berlin is followed up by a series of concrete actions at the national level; and (6) the OSCE should organize a separately designated human dimension event on anti-Semitism as early as possible in 2003, consistent with the Porto Ministerial Declaration adopted by the OSCE at the Tenth Meeting of the OSCE Ministerial Council in December 2002. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos) each will control 20 minutes. The Chair recognizes the gentleman from New Jersey (Mr. Smith). Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, anti-Semitism is a deadly disease of the heart that leads to violence, cruelty, and unspeakable acts of horror. The anti-Semite is, as Holocaust survivor Elie Wiesel grimly wrote last week, an ideological fanatic and pathological racist: “An anti-Semite is someone who never met me, never heard of me, yet he hates me.” While we all are aware and deplore the hate crimes and cowardly acts that are committed routinely by Hamas and their like-minded murderers, what is new, Mr. Speaker, is the enormous surge in anti-Semitic acts and the resurgence of hatred for Jews in Europe, the United States, and in Canada. Just a brief look, Mr. Speaker, of some of the startling statistics makes the point. In France, for example, there was a 600 percent increase in anti-Semitic acts from the year 2001 to the year 2002. Thankfully, the French have moved with new legislation designed to not only chronicle and get a better handle on how often these hate crimes are occurring, but they are also trying to stop them. The Anti-Defamation League, Mr. Speaker, did a survey that also showed a spike in five other countries of Europe. They found that 21 percent of the people in those five countries had strongly anti-Semitic perspectives or views. The ADL also looked at the United States and found that 17 percent of our own people in the United States had strong anti-Semitic views. If you extrapolate that, Mr. Speaker, that is about 35 million Americans. That is up 5 percent from just 5 years ago. H . Con . Res . 49 recognizes this dangerous and alarming trend, condemns this ancient-modern scourge, and calls on each of the 55 countries that make up the Organization for Security and Cooperation in Europe to take concrete steps to eradicate anti-Semitism. The resolution before us today is an unequivocal condemnation of violence against Jews and Jewish cultural sites, racial and ethnic hatred, xenophobia and discrimination, as well as persecution on religious grounds wherever it occurs. The resolution calls on all the states of the OSCE to ensure effective law enforcement and prosecution of individuals perpetrating anti-Semitic violence as well as urging the parliaments of all those states to take concrete legislative action at the national level. We are encouraging, Mr. Speaker, the creation of education efforts to counter these anti-Semitic stereotypes and the attitudes that we are seeing increasingly among younger people. We are calling for an increase in Holocaust awareness programs, and seeking to identify necessary resources to accomplish these goals. Mr. Speaker, as chairman of the Commission on Security and Cooperation in Europe, I chaired a congressional hearing and three international summits on anti-Semitism within the last year alone. Joined by my good friend and colleague from the German Bundestag, Gert Weisskirchen, at the three special summits, and my good friend and colleague, the gentleman from Maryland (Mr. Cardin), who I thank as well for his good work on this, these summits have focused on this rising tide of anti-Semitism. The summits, Mr. Speaker, were held in Berlin, in 2002; in Washington, in December of 2002; and in Vienna, earlier this year, in February. We heard from world renowned leaders, including Rabbi Israel Singer, President of the World Jewish Congress; Ambassador Alfred Moses, Abraham Foxman and Ken Jacobson of the Anti-Defamation League; Mark Levin from the NCSJ; Rabbi Andrew Baker of the American Jewish Committee; Dr. Shimon Samuels, director of the Weisenthal Center located in Paris; and many others, Amnesty International and other human rights’ organizations, all of whom made very powerful statements about this alarming rise of hate directed towards Jews. Let me just quote for my colleagues what Dr. Samuels said, very briefly: “The Holocaust, for 30 years, acted as a protective Teflon against blatant anti-Semitic expression. That Teflon has eroded, and what was considered distasteful and politically incorrect is becoming simply an opinion. But cocktail chatter at fine English dinners can end as Molotov cocktails against synagogues. Political correctness is also ending for others, as tolerance for multiculturalism gives way to populist voices in France, Italy, Austria, Denmark, Portugal, and the Netherlands. These countries’ Jewish communities can be caught between the rock of radical Islamic violence and the hard place of a revitalized Holocaust-denying extreme right. Common cause must be sought between the victimized minorities against extremism and against fanaticism.” Dr. Jacobson pointed out, and I quote, “Sadly, some European leaders have rationalized anti-Jewish attitudes and even more violent attacks against Jews as nothing more than a sign of popular frustration with events in the Middle East. Something to be expected, even understandable, they say.” Mr. Speaker, we have been hearing more and more about this idea of pretext; that there is a disagreement with the policies of the Israeli Government, that somehow that gives license and an ability and permission for some people to hate the Jews themselves. We can disagree, as we do on this House floor. The gentleman from Florida (Mr. Hastings), the gentleman from Maryland (Mr. Cardin), and I have been working on this for years, and of course the gentleman from California (Mr. Lantos). We disagree on some issues, but anti-Semitism? We do not hate. We do not use that as a pretext, as a front to promote hatred. That is exactly what is happening in Europe, in the United States, and in Canada. Let me point out too that, as a result of these summits, we have come up with an action plan. Mr. Weisskirchen and I have signed it, it has been agreed to by our commissions, and we are trying to promote it among all our States. Again, education, trying to get parliaments to step up to the plate, and trying to make a meaningful difference to mitigate and hopefully to end this terrible anti-Semitism. Last week, the gentleman from Florida (Mr. Hastings) and I joined Rudy Giuliani in Vienna for an OSCE assembly focused on anti-Semitism. We have been doing it in the OSCE Parliamentary Assembly, but now the OSCE itself has taken up this important cause. And it will be followed up with a meeting, most likely in Berlin next year, to focus on anti-Semitism so that we rally the troops all over the world, starting with Europe, the U.S., and Canada to say “never again.” Let me also point out to my colleagues, and I thought his statement said it all, when Abraham Foxman, who gave riveting testimony at our Berlin conference, pointed out just recently in the Jerusalem Post, just a couple of days ago, and I would like to close with his statement, he said “Anti-Semitism is surging in the world to the extent unprecedented since the end of World War II. Europe must take seriously the ideology of anti-Semitism coming out of the Arab and Islamic world. It must denounce the deliberate targeting of Jews by terrorist groups, whether it be al Qaeda or Hamas. It must denounce the vicious anti-Semitic material in the Arab press and educational systems and call on Arab leaders to do something about it. It must understand that the Holocaust happened not only because Germany was taken over by the Nazis, who developed a massive military power to conquer most of Europe, but also by the complicity--active and passive--of other Europeans. Today, the great threat comes from the combination of the ideology of hatred with Islamic extremists to acquire weapons of mass destruction.” And then he bottom lines it and says, “Let Europe never again be complicit in developments of this kind.” Mr. Speaker, this Congress needs to go on record in a bipartisan way, Democrats, Republicans, Conservatives, Moderates, and Liberals to say anti-Semitism, never again, and we need to do it strongly today. Mr. Speaker, I reserve the balance of my time. Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume, and I rise in strong support of the resolution. First, I want to commend my dear friend, the gentleman from New Jersey (Mr. Smith), the chairman of our delegation to the Organization for Security and Cooperation in Europe, for his lifelong indefatigable and passionate advocacy of human rights, and his powerful opposition in all fora to anti-Semitism. We are all in his debt. I also want to thank the gentleman from Illinois (Mr. Hyde), of the Committee on International Relations, for moving this legislation so expeditiously to the floor. And I want to thank my good friend, the gentleman from Maryland (Mr. Cardin), the ranking Democrat on our OSCE delegation, for his outstanding work on behalf of all of the causes that the human rights community is interested in. Mr. Speaker, as the only survivor of the Holocaust ever elected to Congress, I am acutely aware of the dangers of allowing anti-Semitism to go unchecked. The horrors of the Holocaust in World War II began with anti-Semitism. Growing up in Europe in the 1930s, I saw firsthand the horrendous results of anti-Semitic rhetoric, leading to the nightmare of anti-Semitic violence, and, ultimately, to the mass murder of 6 million innocent men, women and children. Mr. Speaker, today, anti-Semitism in Europe, as well as in a number of other places in this world, is approaching the appalling levels that I personally experienced in the 1930s. We cannot, we must not, and we will not sit idly by and ignore the sharp escalation of anti-Semitic rhetoric and anti-Semitic violence. Our resolution notes that expressions of anti-Semitism in some European countries range from vicious propaganda to physical assaults, from the burning of synagogues to the desecration of cemeteries. Since the 1990 Copenhagen Concluding Document, a number of resolutions have been adopted by OSCE condemning anti-Semitism. In that spirit, I welcome this effort. Our resolution urges officials of our executive branch and Members of Congress to raise the issue of anti-Semitism in their bilateral and multilateral meetings with all foreign government officials where appropriate and to condemn in the strongest possible terms not only anti-Semitism but racial and ethnic hatred, xenophobia, discrimination and religious persecution of all types. We urge all member countries of the OSCE to ensure effective law enforcement by local and national authorities against criminal actions stemming from anti-Semitism and other types of racial hatred. Most importantly, our resolution calls upon all States to promote educational efforts to counter anti-Semitic stereotypes and attitudes and to dramatically increase Holocaust awareness. Our best ammunition in this fight against anti-Semitism is education. Mr. Speaker, the battle against this age-old and horrendous mental sickness will not be easily won, but I believe the recognition of the problem and the call for actions to deal with it is the first critical step. I urge all of my colleagues to support this important legislation which serves to eliminate the outrage of hate-filled anti-Semitism. Mr. Speaker, I reserve the balance of my time. Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as she may consume to the gentlewoman from Florida (Ms. Ros-Lehtinen), the chairman of the Subcommittee on the Middle East and Central Asia. Ms. ROS-LEHTINEN. Mr. Speaker, I am honored to be in the company of the gentleman from New Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos) in cosponsoring this resolution. I rise in support of its passage and ask my colleagues to vote in its favor as well. Mr. Speaker, one of the essential lessons of the Holocaust is that words lead to murder, that the teaching of contempt and acceptance of bigotry and anti-Semitism can lead to genocide. Today, over 50 years after the horrors of the Holocaust, anti-Semitism has again become a disease spreading throughout the world. In recent years I have witnessed its resurgence, particularly through my work relating to the United Nations Commission on Human Rights and legislative efforts concerning religious freedom in Europe. At the commission, resolution after resolution, statement after statement are filled with the rhetoric of hatred, using the international fora to further promote and generate support for an anti-Semitic agenda, an agenda which condemns a freedom-loving people and a democratic nation, while many times legitimizing those regimes that torture, oppress, and subjugate their own people. As the previous chair of the Subcommittee on Human Rights and as the current chair of the Subcommittee on the Middle East and Central Asia, and as cochair along with my colleague and friend the gentleman from California (Mr. Lantos) of the Congressional Task Force on Anti-Semitism, I have pressed European officials to take concrete steps to monitor, investigate and prosecute to the fullest extent of the law crimes that are borne out of hatred for the Jewish people. In January of this year, for example, Jewish leaders in France came to me with concern and anxiety about the increasing example of vandalism and personal attacks against rabbis in that country. I immediately called on the French foreign ministry officials and French parliamentarians to address this grave matter. The situation in France, however, is only a microcosm of a growing problem that is sweeping throughout many OSCE states. While I will not delve into details because my colleagues, the gentleman from New Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos), have already done so, I will simply note, as has been said, we must learn the lessons and the mistakes of the past, or we are condemned to repeat them. This is why it is imperative that we take immediate action to prevent further escalation of anti-Semitism and related violence, to help ensure that the evil of the Holocaust will never again be allowed to exist. As Eli Wiesel, a Holocaust survivor and Nobel Peace laureate has said, “A destruction, an annihilation that only man can provoke, only man can prevent.” We can help prevent a repetition of history, and we can begin here today by voting in favor of this resolution. Let us adopt House Concurrent Resolution 49 and convey the commitment of the U.S. House of Representatives to work with our allies to confront and combat anti-Semitism and eradicate it from its roots. Mr. LANTOS. Mr. Speaker, I yield 3 minutes to the gentleman from Maryland (Mr. Cardin), the distinguished ranking Democratic member of the Helsinki Commission, who has demonstrated a passionate commitment to human rights and on all of the issues that that commission works with. Mr. CARDIN. Mr. Speaker, let me first thank the gentleman from California (Mr. Lantos). There is no Member of this body who has done more in his lifetime to fight anti-Semitism than the gentleman from California (Mr. Lantos), and I congratulate him for his effective leadership against anti-Semitism here and around the world. I also want to thank the gentleman from New Jersey (Mr. Smith), who is the chairman of our OSCE delegation. I have the honor of being the ranking Democratic member. The gentleman from Florida (Mr. Hastings), who will be speaking shortly, is one of the commissioners. We have made the fight against anti-Semitism a top priority of our delegation. We have been effective in making it a top priority within the OSCE Parliamentary Assembly. We have done that because we have seen a rise of anti-Semitism, physical assaults on individuals solely because they are Jewish, desecration of Jewish cultural sites, propaganda in the media have all been on the rise. We must have a zero tolerance policy about anti-Semitism. The OSCE Helsinki Commission provides a unique opportunity for us to fight anti-Semitism. It not only has in its membership all of the countries of Europe, Canada and the United States, but it has the participation of our Mediterranean partners, which include Israel, Egypt and Jordan. The OSCE Helsinki Commission has had a history of effectively dealing with human rights issues, so that is why the United States leadership has been effective in bringing about the forums to deal with anti-Semitism. I know there was just a meeting in Vienna that the gentleman from New Jersey (Chairman Smith) and the gentleman from Florida (Mr. Hastings) participated in. We adopted in the OSCE Parliamentary Assembly last year a very strong resolution against anti-Semitism as a result of the U.S. leadership, and we have signed a letter of intent with Germany to spell out specific actions that we need to take in order to fight anti-Semitism. We can never justify anti-Semitic actions by international developments or political issues. We need to have an action plan to fight anti-Semitism. We need to have strong laws that are adopted by our member states and enforced. We need to speak out against anti-Semitism as parliamentarians. Silence is not an option. As all my colleagues have expressed, we need educational programs for our children. The resolution says we need to create educational efforts throughout the region encompassing the participating states of OSCE to counter anti-Semitic stereotypes and attitudes among younger people, increase Holocaust awareness programs, and help identify the necessary resources to accomplish this goal. Our children are our future. In many of these states, we are finding there are counterproductive programs promoting anti-Semitism. We need a proactive agenda. This resolution puts this body on record in strong support of our resolution within OSCE to continue our commitment to support action plans to stamp out anti-Semitism. I urge my colleagues to support the resolution. Mr. SMITH of New Jersey. Mr. Speaker, I reserve the balance of my time. Mr. LANTOS. Mr. Speaker, I yield 2 minutes to the gentlewoman from New York (Mrs. Maloney), who has been a champion not only of the fight against anti-Semitism but on behalf of all human rights causes. Mrs. MALONEY. Mr. Speaker, I rise in strong support of this resolution, and I thank the gentleman from New Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos) for their extraordinary leadership on this important issue and so many others. We are experiencing the worst outbreak of anti-Semitism in Europe since the end of Holocaust in 1945. Just under 60 years have passed since the defeat of Hitler and now swastikas have reappeared in Europe. They can be found sprayed on Jewish schools, drawn on gravestones in a desecrated Jewish cemetery, painted on the wall of a synagogue, and stitched on the flags of anti-Israel demonstrators, and in the hearts and minds of the people who attack rabbinical students and Jewish athletes. When we allow intolerance and hatred to fester and flourish, we are faced with tragic consequences. Put simply, hatred, violence and prejudice must not be tolerated. Countries must speak out against anti-Semitic acts, but rhetoric is not enough. Words will not restore the hundreds of Jewish cultural and religious sites which have been burned, desecrated and destroyed throughout Europe, and words alone will not prevent these tragedies from happening again. Governments and institutions must condemn these acts as we do today, and they must ensure effective law enforcement against them. They must also promote tolerance education for their children. There is no question teaching children about the horror and tragedy of the Holocaust and other tragedies will create a generation of youth who are less likely to commit hate crimes and who are more likely to mature into adults who will envision and work towards peaceful world relations. When this body passes H . Con . Res . 49 , we will be spending a strong message to the world that anti-Semitism must be confronted and must be eradicated. I thank both leaders, particularly the gentleman from California (Mr. Lantos), for his extraordinary life commitment to ending anti-Semitism and for world peace. Mr. LANTOS. Mr. Speaker, I yield 4 minutes to the gentleman from Florida (Mr. Hastings), who has been throughout his congressional career and prior to that an indefatigable fighter for human rights. (Mr. HASTINGS of Florida asked and was given permission to revise and extend his remarks.) Mr. HASTINGS of Florida. Mr. Speaker, I thank the gentleman from California (Mr. Lantos) for yielding me this time, and before I go forward, I would be terribly remiss if I did not point out that the gentleman from California (Mr. Lantos) has spent his lifetime in the struggle that some of us come to with equal passion, but not the clarity that he brings to the issue. I also am happy to support the resolution offered by the chairman of the Helsinki Commission and to compliment the gentleman from New Jersey (Mr. Smith) for his continuing work in the area of human rights and the gentleman from California (Mr. Lantos) as being a stalwart champion for human rights. As Chairman SMITH has already mentioned, last week he and I had the privilege to represent the United States at the Organization for Security and Cooperation in Europe’s conference on anti-Semitism. A footnote right there. That conference came about because the gentleman from New Jersey (Mr. Smith), the gentleman from Maryland (Mr. Hoyer), the gentleman from California (Mr. Lantos), the gentleman from Maryland (Mr. Cardin), myself and others on the Helsinki Commission along with colleagues in Europe brought it to the attention of the parliamentary assembly by way of resolution which we will introduce yet another resolution for follow-up purposes when we are in Rotterdam 1 week from now. But it was in this body that that conference’s seed was planted. The conference, which was the first of its kind, provided the OSCE’s 55 member states and NGOs with an opportunity to discuss ways in which governments can work to combat anti-Semitism within their borders and abroad. Today’s resolution is an important symbolic statement of the House that the United States will not stand idly by while many European governments neglect a rise in anti-Semitism. We must work with our allies and not hesitate to apply pressure when needed to ensure that governments properly address increases in anti-Semitism and other forms of discrimination. A few years ago, there were hopes that anti-Semitism was gradually declining and restricted to fringe elements such as neo-Nazis, white supremacists and certain conspiracy theorists. However, recent developments throughout much of Europe and the Middle East suggest that there is a resurgent anti-Semitism with a much broader base and message that resonates at an alarming level. Many European leaders have formally recognized the resurgence of anti-Semitism in their countries and have begun to take the necessary steps to stop this spreading virus. But still, more must be done to ensure that what occurred to the Jewish and minority communities in Europe during World War II will never happen again. Sadly, Mr. Speaker, the fight against bigotry and xenophobia is an ongoing struggle as many of us know from our own personal experience. Last week when the gentleman from New Jersey and I were in Vienna, we heard from a woman whose name is Rosalia Abella of the Ontario Court of Appeals. As she noted in one of the more poignant statements made at that conference, “Indifference is injustice’s incubator.” Indeed it is. Now is the time for the United States to be vocal and now is the time for the House to be active as it is today under the leadership of the gentleman from New Jersey and the gentleman from California. Today is not a day for complacency. If we remain silent, then there will be no tomorrow. We cannot legislate morality, we cannot legislate love, but we can teach tolerance and we can lead by example. Mr. SMITH of New Jersey. Mr. Speaker, I yield 3 minutes to the gentleman from Connecticut (Mr. Shays). Mr. SHAYS. Mr. Speaker, I rise in strong support of the Smith-Cardin-Lantos resolution. I am a cosponsor of this resolution because I am deeply concerned about the surge of anti-Semitism in Europe and throughout other parts of the world, but particularly in Europe. This is not a problem that simply can be monitored. It must be actively and aggressively dealt with, for we must never forget that just 60 years ago, Europe saw the worst scourge of systematic, government-ordained hatred, violence and murder in the history of mankind, in what was an unbelievable Holocaust. The Organization for Security and Cooperation in Europe (OSCE) has recognized and condemned anti-Semitic violence in its member states. At its parliamentary assembly in July 2002, the OSCE resolved to aggressively enforce laws and investigate anti-Semitic criminal acts. It is important that the United States openly support the OSCE’s resolution and actively encourage it to address hatred and prevent violence in Europe. Mr. Speaker, there are several topics on which the United States and Europe disagree. There must be no disagreement, however, on the absolute right of the Jewish people to practice their religion freely and to live in peace and prosperity. The Organization for Security and Cooperation in Europe should not only investigate anti-Semitic crimes but also promote and facilitate discussions that address the root causes of xenophobic hatred. I encourage my colleagues and the administration to take advantage of bilateral meetings with our European counterparts to reaffirm our deep commitment to the prevention of violence in Europe. I again thank the gentleman from New Jersey for bringing this resolution to the floor and urge its adoption. Mr. LANTOS. Mr. Speaker, I am delighted to yield 3 minutes to the gentleman from New York (Mr. Crowley), a distinguished member of the Committee on International Relations. Mr. CROWLEY. I thank my good friend the gentleman from California (Mr. Lantos) for yielding me this time. Mr. Speaker, I rise today to strongly support this resolution, and I thank the gentleman from New Jersey for sponsoring this crucial piece of legislation. I am very aware of the danger of being inactive about the threat of anti-Semitism. It was anti-Semitism that was responsible for the horrors of the Holocaust, the most horrible crime committed against the Jewish people ever. Sadly, I have to say here today that nearly 60 years after the end of World War II, anti-Semitism in Europe, in many of the OSCE member states, is on the rise again. Once again we witness evil propaganda, physical attacks against Jews, the burning of Jewish sites and the desecration of synagogues. We must not stand aside and ignore this grave escalation of anti-Semitic violence and hatred. This resolution addresses this threat. It particularly calls on administration officials and Members of Congress to focus on anti-Semitism in their bilateral and multilateral meetings. It calls upon OSCE member states to swiftly bring anti-Semitists to justice and to focus on educational endeavors to fight anti-Semitic stereotypes. I would also like to point out that this piece of legislation is similar to a resolution I introduced last year. House Resolution 393 also addresses the anti-Semitic threat in the OSCE region. It urges European governments to provide security and safety of the Jewish communities, to prosecute and punish perpetrators of anti-Semitic violence, and to cultivate a climate in which all forms of anti-Semitism are rejected. I was proud that my colleagues in Congress joined me in sending this message to the European Union, but we must go further. Anti-Semitism continues to fester throughout the OSCE region. This resolution is the right follow-up to my legislation that passed in the last Congress. Mr. Speaker, the threat of anti-Semitism is looming large and our fight against it is far from over, but I believe that recognizing this problem and taking action is critical. I therefore urge all of my colleagues to strongly support House Resolution 49 sponsored by the gentleman from New Jersey. I would ask them all to vote for this resolution unanimously. I want to thank the gentleman from California again for his work on this resolution and all my colleagues in bringing this to the House floor. Mr. SMITH of New Jersey. Mr. Speaker, I yield 3 minutes to the distinguished gentleman from California (Mr. Rohrabacher). Mr. ROHRABACHER. Mr. Speaker, I am proud to join the gentleman from New Jersey and the gentleman from California as I have over the years on many human rights issues, and this is a human rights issue. Racism, religious hatred, these are things that decent people must condemn and we must unite in our strong opposition wherever this type of vile behavior and vile thought patterns emerge. We must recognize that there are, however, people who exploit these type of negative feelings and this type of racial hatred. Anti-Semitism is perhaps the epitome of this ignorance and irrationality and mindless hatred and it is again raising its ugly head both in Europe and in the United States. Let us note that over 10 years ago, a major political figure in the United States referred to New York City as “Hymietown.” What is important is the fact that he was winked at and that for 10 years after that statement, he still remained a recognized leader. That did tremendous harm in America’s black community. It sent a horrible message to young blacks and we are paying some of the price of an increased anti-Semitism today in our black community by mistakes that we made 10 years ago by not condemning that and other types of horrible remarks that should never have been made or accepted in our political debate. In Europe today, we see that same kind of winking going on. Oh, yes, people are ignoring statements that are being made that are totally unacceptable to people who believe in civilized behavior and are opposed to this type of vile hatred, the vile hatred in relationship to their fellow man. This is an alarm bell today. I am very proud to stand here with the gentleman from California and the gentleman from New Jersey ringing the alarm bell. We are not going to sit idly by and wink at an increase in this level of hatred towards our Jewish friends nor towards any other minority in the Western democracies. The Western democracies, our friends in Europe, just like we in the United States, have to remain vigilant and it is up to us as leaders of this society and the democratic leaders in Europe to call to task those who would wink and would not condemn this type of vicious trend in their society. We can cut it short now. Let us stand together united against anti-Semitism and all such hatred. Mr. LANTOS. Mr. Speaker, I am delighted to yield 2 minutes to the distinguished gentleman from Massachusetts (Mr. Frank). Mr. FRANK of Massachusetts. Mr. Speaker, in terms that we do not usually use on this floor but in terms that may be familiar to our friends in Europe, in the American context, I am a man of the left. I voted against the war in Iraq. I will vote for the resolution later about Israel’s right to respond to terrorism, but I will put into the Congressional Record Tom Friedman’s article urging them to think about prudence and restraint. I think the settlements are by and large a mistake. And I speak today in defense of this resolution, specifically to others on the left in Europe, many of whom have in my judgment been morally deficient in the obligation we have to speak out against prejudice and injustice across the board. Those who hold to liberal values have no moral right to put an ideological screen between victims and those values, and those on the left who use an excuse of a disagreement with the policy of the Sharon government or the Bush government or anybody else as a reason to be soft on anti-Semitism betray liberalism and betray its values. By the way, with regard to the government of Israel, let me speak to the people on the left. I disagree with some aspects of its policy, but I staunchly defend its right to exist. But even more important, by every value that I as a liberal hold dear, the government and society of Israel is quite morally superior to any of its neighbors, and to focus only on those aspects of disagreement and to ignore its longstanding commitment to civil rights and civil liberties, in fact I think our society, the United States, has a good deal to learn from the society of Israel about how you deal with external threats and still show a respect for civil liberties. I thank the gentleman from California and the gentleman from New Jersey for bringing this forward and the gentleman from Illinois for his support. I want to reiterate as a man on the left who shares a great deal of both general values and specific policy prescriptions with many on the left in Europe, I am appalled at those who fail to carry out our liberal principles fully and across the board. A vigorous and ongoing condemnation of anti-Semitism is a requisite part of that commitment. Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I may consume. At the most recent conference that was held in Vienna, I just want to again thank the great work that Ambassador Minikes did, our Ambassador to the OSCE. He has worked very, very hard to help put together that anti-Semitism conference. He did an outstanding job. Ambassador Cliff Sobel, our Ambassador to the Netherlands, also worked very hard on it as well, as did many others in the State Department. It was a joint effort. Again I want to thank Rudy Giuliani for the good work he did in leading that. Let me just also say that, Mr. Speaker, next week in Rotterdam we will have an OSCE Parliamentary Assembly and I plan on offering another resolution on anti-Semitism at that and hopefully we continue not only this dialogue but this outrage that we are expressing about intolerance. The more we raise our voices, the more we have mutually reinforcing policies, including good law, good law enforcement and hopefully a chronicling of these misdeeds so that law enforcement knows that they do indeed have a problem. This has been a particular problem in Europe, where hate crimes are committed and they are not attributed to the hate crimes that they represent. The more we chronicle, the more we will see that there is an explosion of anti-Semitism in Europe. This is a good resolution. I thank the gentleman from California (Mr. Lantos), and I thank the gentleman and chairman from Illinois (Mr. Hyde) for moving this bill expeditiously through the committee and for his strong support for it. Mr. Speaker, I yield back the balance of my time. Mr. LANTOS. Mr. Speaker, I yield 1 minute to the gentlewoman from Nevada (Ms. Berkley), a distinguished member of the Committee on International Relations and a fighter for human rights. Ms. BERKLEY. Mr. Speaker, I would like to thank the gentleman from California (Mr. Lantos) and the gentleman from New Jersey (Mr. Smith) for putting this before our body. I grew up hearing about anti-Semitism from my grandparents and my parents, things that I could not believe could have ever happened; but the anti-Semitism acts that they spoke of seemed like historic oddities to me, something from a distant time and a distant place. I never dreamed, never dreamed that anti-Semitism could ever rear its ugly head again during my lifetime or the lifetime of my children. Especially after World War II, I thought Europe and the rest of the world had learned a very important and valuable lesson. I ran for Congress so that I could speak out against issues that I thought were horrific; and anti-Semitism, and its continued existence on this planet, is certainly something that I wish to speak out against. I am glad that we are condemning anti-Semitism in no uncertain terms and putting the United States Congress on record and speaking out forcefully against this horrible scourge and plague. Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent to reclaim my time for purposes of yielding the remainder of my time to the gentleman from Maryland (Mr. Hoyer). The SPEAKER pro tempore (Mr. Bass). Is there objection to the request of the gentleman from New Jersey? There was no objection. The SPEAKER pro tempore. The gentleman has 1 minute. Mr. SMITH of New Jersey. Mr. Speaker, I yield 1 minute to the gentleman from Maryland (Mr. Hoyer). Mr. HOYER. Mr. Speaker, I thank the chairman of the Helsinki Commission for yielding me this time. I am proud to be a co-sponsor of this very important resolution. This is about anti-Semitism. But more broadly than that, it is about hate. It is about the human inclination from time to time to hate others who are different, to discriminate against others who are different, who have a different color of skin, who have a different religion, who have a different national origin. More human violence perhaps has been perpetrated in the name of those distinctions and prejudices and hate than any other. It is important that we regularly and strongly and without equivocation speak out against those who would perpetrate and spread hate in our world, in our country, in our communities. I thank the gentleman from New Jersey, and I thank my good friend, the gentleman from California, for their leadership on this issue. It is an appropriate statement for us to make as the representatives of a free and tolerant people. Mr. LANTOS. Mr. Speaker, I yield such time as he may consume to the gentleman from Alabama (Mr. Davis). (Mr. DAVIS of Alabama asked and was given permission to revise and extend his remarks.) Mr. DAVIS of Alabama. Mr. Speaker, I do not want this debate to end without adding my voice in support of the resolution. Mr. LANTOS. Mr. Speaker, I yield 1 minute to the gentleman from New York (Mr. Nadler), a distinguished fighter for human rights. Mr. NADLER. Mr. Speaker, I thank the gentleman for yielding me this time. Mr. Speaker, many people thought that the Holocaust cleansed the Western world of anti-Semitism, that the catastrophe, the mass murder, and the genocide in the Holocaust caused the civilized world or at least the Western part of the civilized world to recoil in such horror that anti-Semitism would not be a major problem again. We now know that maybe it did that for a generation or two, but that the scourge of anti-Semitism is returning in great and terrible force in its ancient homeland of Europe and other places. Today we have two major problems of anti-Semitism: in Europe and in the Muslim world. It is very appropriate that we adopt this resolution today to ask the governments of Europe through the OSCE and individually to crack down on anti-Semitism, to speak out against it, to act against it because many of the governments of Europe, many of the parts of the political left in Europe and elsewhere as well as the right have not done so. They ought to do so. And this resolution is fitting and appropriate to adopt today for that purpose. [Begin Insert] Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in support of H . Con . Res . 49 , expressing the sense of Congress that the sharp escalation of anti-Semitic violence within many participating States of the Organization for Security and Cooperation in Europe is of profound concern and efforts should be undertaken to prevent future occurrences. I begin by praising the Organization for Security and Cooperation in Europe for their conference this past weekend devoted to the issues of anti-Semitism and how to combat it. The Organization for Security and Cooperation in Europe (OSCE) is the largest regional security organization in the world with 55 participating countries from Europe, Central Asia, and North America. The OSCE has a comprehensive and cooperative approach to security, stressing preventative diplomacy and human rights. The conference last weekend was the first high level OSCE conference devoted specifically to the issue of anti-Semitism. Over 400 government and nongovernment officials attended. The conference took place at Vienna’s Hofburg Palace. This same location is where Hitler stood, 65 years ago, proclaiming Austria’s annexation to a cheering crowd of thousands. Sixty-five years later, what can we say about tolerance and diversity in Europe? What can we say about Human Rights worldwide? Specifically, 65 years after the beginning of the worst genocide in our time, what can we say we have learned about anti-Semitism and the horrors of racial hatred? Much has changed since then. Yet today there are both overt and subtle versions of anti-Semitism, in the United States and abroad. Physical assaults, arson at synagogues and desecration of Jewish cultural sites are occurring. Unfortunately, government officials are not speaking harshly enough against them. The conference on anti-Semitism opened a day after the Romanian Government retracted an earlier claim that “there was no Holocaust” on Romanian soil. In Greece, a recent newspaper cartoon had one Israeli soldier telling the other, “we were not in Dachau concentration camp to survive, but to learn.” France has experienced a six-fold increase in anti-Semitic incidents in the space of a year. In Poland, the word “Jewish” is used as a term of abuse for Polish soccer fans. In other parts of Europe, claims are made that Jews had forewarning of the September 11th attacks at the Pentagon and World Trade Towers. The existence of anti-Semitism has played throughout history as a major threat to freedom. Participating states of the OSCE should unequivocally condemn anti-Semitism, racial and ethnic hatred and xenophobia, and they need to be loud and clear in their message. We cannot allow future generations to be taught a distorted view of history. Prejudice must be rooted out of textbooks, governments must speak out against these wrongdoings, and anti-Semitic actions must be classified as hate crimes. We also need to ensure effective law enforcement. Finally, we must promote the creation of educational efforts and we must increase Holocaust awareness. I abhor and stand against all forms of hatred. If action had been taken in the 1930s, many lives could have been saved. There are so many lessons of history that need to be learned, lest they not be repeated. For that reason I support H . Con . Res . 49 . Mr. PAUL. Mr. Speaker: I will reluctantly vote in favor of this legislation, partly because it is simply a sense of Congress resolution. But I am concerned about this bill and the others like it we face with regularity on the floor of Congress. We all condemn violence against innocents, whether it is motivated by hatred, prejudice, greed, jealousy, or whatever else. But that is not what this legislation is really about. It is about the Congress of the United States presuming to know--and to legislate on--the affairs of European countries. First, this is the United States Congress. We have no Constitutional authority to pass legislation affecting foreign countries. Second, when we get involved in matters such as this we usually get it wrong. H. Con. Res. 45 is an example of us getting it wrong on both fronts. This legislation refers to the rise of anti-Semitism in Europe as if it is a purely homegrown phenomenon, as if native residents of European countries are suddenly committing violent crimes against Jews. But I think we are only getting part of the story here. What is absent from the legislation is mention of the well-reported fact that much of the anti-Jewish violence in Europe is perpetrated by recent immigrants from Muslim countries of the Middle East and Africa. Reporting on a firebombing of a Synagogue in Marseille, France, for example, the New York Times quotes the longtime president of that region’s Jewish Council, Charles Haddad, as saying, “This is not anti-Semitic violence; it’s the Middle East conflict that’s playing out here.” Therefore, part of the problem in many European countries is the massive immigration from predominantly Muslim countries, where new residents bring their hatreds and prejudices with them. Those European politicians who recognize this growing problem--there are now 600,000 Jews in France and five million Muslims--are denounced as racist and worse. While I do not oppose immigration, it must be admitted that massive immigration from vastly different cultures brings a myriad of potential problems and conflicts. These are complicated issues for we in Congress to deal with here in the United States. Yes, prejudice and hatred are evil and must be opposed, but it is absurd for us to try to solve these problems in countries overseas. [End Insert] The SPEAKER pro tempore. The question is on the motion offered by the gentleman from New Jersey (Mr. Smith) that the House suspend the rules and agree to the concurrent resolution, H . Con . Res . 49 . The question was taken. The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of those present have voted in the affirmative. Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the Chair’s prior announcement, further proceedings on this motion will be postponed.  

  • US SHDM Statement on Religious Freedom

    Freedom of thought, conscience, religion or belief is a cornerstone of OSCE commitments protecting human rights. The 1989 Vienna Concluding Document declared that participating States will "take effective measures to prevent and eliminate discrimination against individuals or communities on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, political, economic, social and cultural life, and to ensure the effective equality between believers and non-believers." The document went on to declare that participating States will "foster a climate of mutual tolerance and respect between believers of different communities as well as between believers and non-believers." Corporately, the participating States have agreed to a rich body of commitments meant to facilitate not frustrate the profession and practice of religion. In too many OSCE countries today, however, government officials use restrictive laws and ignore constitutional protections in such a way as to unjustifiably limit the practice of religion for members of many unpopular groups. The drafters of OSCE agreements on religious freedom evidently recognized the important role governments play in fostering a climate of tolerance in their societies. Government intolerance of religious groups, in most cases, will only lead to greater intolerance among their populace. One elementary responsibility of the state in this regard is non-discrimination towards individual members or groups. This issue was addressed at the ad hoc meeting hosted by the Dutch in the summer of 2001, which highlighted how, in the OSCE region, policies that favor certain religious groups tend to, as a corollary, penalize other religious groups by denying legal personality or equal status. By institutionalizing discriminatory policies toward a group, government actions can have the effect of stigmatizing certain religious communities. In some OSCE countries, this has taken the form of special lists, centers offering one-sided information or burdensome registration laws creating hurdles impossible to overcome. Such acts, especially by EU countries, are especially worrisome as many incoming EU countries are copying such acts and regulations, often without the long-standing democratic practices and protections to prevent discrimination or abuse. We urge countries that have hierarchical structures to examine their laws carefully to determine if they are unjustifiably restricting or penalizing those citizens who do not belong to these particular religious bodies.

  • International Day in Support of the Victims of Torture

    Mr. Speaker, as Chairman of the Commission on Security and Cooperation in Europe, I find myself dealing with the issue of torture many times over during the course of any given year--torture committed by Russian forces in Chechnya, systematic police abuse of Roma in Greece, prisoners tortured to death in Uzbekistan, to give just a few recent examples.   Unfortunately, torture remains the weapon of choice by many oppressive regimes, systematically used to silence political opposition, punish religious minorities, or target those who are ethnically or racially different from those in power.   But on the occasion of the United Nations' Day in Support of the Victims of Torture, I'd like to reflect on the steps that can be taken to help prevent torture from occurring in the first place.   Torture is prohibited by a multitude of international instruments, including documents of the Organization on Security and Cooperation in Europe (OSCE). Moreover, it is absolute and nonderogable under any circumstances, even wartime. The challenge, then, is to translate this commitment into practice.   Amnesty International has issued a number of recommendations to help end torture. They are remarkably straightforward and easy to grasp: officials at the highest level should condemn torture; governments should ensure access to prisoners; secret detentions should be prohibited; and confessions obtained through torture should be excluded from evidence in the courtroom. I believe the implementation of these fundamental principles would have a significant impact in reducing torture. At the OSCE Parliamentary Assembly's Annual Session two years ago, I introduced a resolution, passed by the Assembly, that built on these basic concepts.   While we work to eradicate torture, we must not forget those who have already become its victims. Along with Representative TOM LANTOS, I have introduced H.R. 1813, legislation to re-authorize the Torture Victims Relief Act and the list of cosponsors is growing. The Senate companion bill, S. 854 was introduced by Senator COLEMAN. This reauthorization will continue funding for centers here in the United States that help provide treatment for the estimated half million survivors, most of whom came to this country as refugees. It will also provide funds, distributed through the Agency for International Development or the U.N. Voluntary Fund for the Victims of Torture, for treatment centers abroad. While life for torture survivors can never be the same, treatment can provide victims the hope of becoming stable and productive members of their communities. I urge my colleagues in the House to join in supporting this measure as a tangible support of the victims of torture.

  • Floor Statement in Support of H. Con. Res. 49 Condemning Anti-Semitism in Europe - Rep. Hastings

    Mr. Speaker, I thank the gentleman from California (Mr. Lantos) for yielding me this time, and before I go forward, I would be terribly remiss if I did not point out that the gentleman from California (Mr. Lantos) has spent his lifetime in the struggle that some of us come to with equal passion, but not the clarity that he brings to the issue. I also am happy to support the resolution offered by the chairman of the Helsinki Commission and to compliment the gentleman from New Jersey (Mr. Smith) for his continuing work in the area of human rights and the gentleman from California (Mr. Lantos) as being a stalwart champion for human rights. As Chairman Smith has already mentioned, last week he and I had the privilege to represent the United States at the Organization for Security and Cooperation in Europe’s conference on anti-Semitism. A footnote right there. That conference came about because the gentleman from New Jersey (Mr. Smith), the gentleman from Maryland (Mr. Hoyer), the gentleman from California (Mr. Lantos), the gentleman from Maryland (Mr. Cardin), myself and others on the Helsinki Commission along with colleagues in Europe brought it to the attention of the parliamentary assembly by way of resolution which we will introduce yet another resolution for follow-up purposes when we are in Rotterdam 1 week from now. But it was in this body that that conference’s seed was planted. The conference, which was the first of its kind, provided the OSCE’s 55 member states and NGOs with an opportunity to discuss ways in which governments can work to combat anti-Semitism within their borders and abroad. Today’s resolution is an important symbolic statement of the House that the United States will not stand idly by while many European governments neglect a rise in anti-Semitism. We must work with our allies and not hesitate to apply pressure when needed to ensure that governments properly address increases in anti-Semitism and other forms of discrimination. A few years ago, there were hopes that anti-Semitism was gradually declining and restricted to fringe elements such as neo-Nazis, white supremacists and certain conspiracy theorists. However, recent developments throughout much of Europe and the Middle East suggest that there is a resurgent anti-Semitism with a much broader base and message that resonates at an alarming level. Many European leaders have formally recognized the resurgence of anti-Semitism in their countries and have begun to take the necessary steps to stop this spreading virus. But still, more must be done to ensure that what occurred to the Jewish and minority communities in Europe during World War II will never happen again. Sadly, Mr. Speaker, the fight against bigotry and xenophobia is an ongoing struggle as many of us know from our own personal experience. Last week when the gentleman from New Jersey and I were in Vienna, we heard from a woman whose name is Rosalia Abella of the Ontario Court of Appeals. As she noted in one of the more poignant statements made at that conference, “Indifference is injustice’s incubator.” Indeed it is. Now is the time for the United States to be vocal and now is the time for the House to be active as it is today under the leadership of the gentleman from New Jersey and the gentleman from California. Today is not a day for complacency. If we remain silent, then there will be no tomorrow. We cannot legislate morality, we cannot legislate love, but we can teach tolerance and we can lead by example.

  • Floor Statement in Support of H. Con. Res. 49 Condemning Anti-Semitism in Europe - Rep. Smith

    Mr. Speaker, anti-Semitism is a deadly disease of the heart that leads to violence, cruelty, and unspeakable acts of horror. The anti-Semite is, as Holocaust survivor Elie Wiesel grimly wrote last week, an ideological fanatic and pathological racist: “An anti-Semite is someone who never met me, never heard of me, yet he hates me.” While we all are aware and deplore the hate crimes and cowardly acts that are committed routinely by Hamas and their like-minded murderers, what is new, Mr. Speaker, is the enormous surge in anti-Semitic acts and the resurgence of hatred for Jews in Europe, the United States, and in Canada. Just a brief look, Mr. Speaker, of some of the startling statistics makes the point. In France, for example, there was a 600 percent increase in anti-Semitic acts from the year 2001 to the year 2002. Thankfully, the French have moved with new legislation designed to not only chronicle and get a better handle on how often these hate crimes are occurring, but they are also trying to stop them. The Anti-Defamation League, Mr. Speaker, did a survey that also showed a spike in five other countries of Europe. They found that 21 percent of the people in those five countries had strongly anti-Semitic perspectives or views. The ADL also looked at the United States and found that 17 percent of our own people in the United States had strong anti-Semitic views. If you extrapolate that, Mr. Speaker, that is about 35 million Americans. That is up 5 percent from just 5 years ago. H . Con . Res . 49 recognizes this dangerous and alarming trend, condemns this ancient-modern scourge, and calls on each of the 55 countries that make up the Organization for Security and Cooperation in Europe to take concrete steps to eradicate anti-Semitism. The resolution before us today is an unequivocal condemnation of violence against Jews and Jewish cultural sites, racial and ethnic hatred, xenophobia and discrimination, as well as persecution on religious grounds wherever it occurs. The resolution calls on all the states of the OSCE to ensure effective law enforcement and prosecution of individuals perpetrating anti-Semitic violence as well as urging the parliaments of all those states to take concrete legislative action at the national level. We are encouraging, Mr. Speaker, the creation of education efforts to counter these anti-Semitic stereotypes and the attitudes that we are seeing increasingly among younger people. We are calling for an increase in Holocaust awareness programs, and seeking to identify necessary resources to accomplish these goals. Mr. Speaker, as chairman of the Commission on Security and Cooperation in Europe, I chaired a congressional hearing and three international summits on anti-Semitism within the last year alone. Joined by my good friend and colleague from the German Bundestag, Gert Weisskirchen, at the three special summits, and my good friend and colleague, the gentleman from Maryland (Mr. Cardin), who I thank as well for his good work on this, these summits have focused on this rising tide of anti-Semitism. The summits, Mr. Speaker, were held in Berlin, in 2002; in Washington, in December of 2002; and in Vienna, earlier this year, in February. We heard from world renowned leaders, including Rabbi Israel Singer, President of the World Jewish Congress; Ambassador Alfred Moses, Abraham Foxman and Ken Jacobson of the Anti-Defamation League; Mark Levin from the NCSJ; Rabbi Andrew Baker of the American Jewish Committee; Dr. Shimon Samuels, director of the Weisenthal Center located in Paris; and many others, Amnesty International and other human rights' organizations, all of whom made very powerful statements about this alarming rise of hate directed towards Jews. Let me just quote for my colleagues what Dr. Samuels said, very briefly: “The Holocaust, for 30 years, acted as a protective Teflon against blatant anti-Semitic expression. That Teflon has eroded, and what was considered distasteful and politically incorrect is becoming simply an opinion. But cocktail chatter at fine English dinners can end as Molotov cocktails against synagogues. Political correctness is also ending for others, as tolerance for multiculturalism gives way to populist voices in France, Italy, Austria, Denmark, Portugal, and the Netherlands. These countries' Jewish communities can be caught between the rock of radical Islamic violence and the hard place of a revitalized Holocaust-denying extreme right. Common cause must be sought between the victimized minorities against extremism and against fanaticism.” Dr. Jacobson pointed out, and I quote, “Sadly, some European leaders have rationalized anti-Jewish attitudes and even more violent attacks against Jews as nothing more than a sign of popular frustration with events in the Middle East. Something to be expected, even understandable, they say.” Mr. Speaker, we have been hearing more and more about this idea of pretext; that there is a disagreement with the policies of the Israeli Government, that somehow that gives license and an ability and permission for some people to hate the Jews themselves. We can disagree, as we do on this House floor. The gentleman from Florida (Mr. Hastings), the gentleman from Maryland (Mr. Cardin), and I have been working on this for years, and of course the gentleman from California (Mr. Lantos). We disagree on some issues, but anti-Semitism? We do not hate. We do not use that as a pretext, as a front to promote hatred. That is exactly what is happening in Europe, in the United States, and in Canada. Let me point out too that, as a result of these summits, we have come up with an action plan. Mr. Weisskirchen and I have signed it, it has been agreed to by our commissions, and we are trying to promote it among all our States. Again, education, trying to get parliaments to step up to the plate, and trying to make a meaningful difference to mitigate and hopefully to end this terrible anti-Semitism. Last week, the gentleman from Florida (Mr. Hastings) and I joined Rudy Giuliani in Vienna for an OSCE assembly focused on anti-Semitism. We have been doing it in the OSCE Parliamentary Assembly, but now the OSCE itself has taken up this important cause. And it will be followed up with a meeting, most likely in Berlin next year, to focus on anti-Semitism so that we rally the troops all over the world, starting with Europe, the U.S., and Canada to say “never again.” Let me also point out to my colleagues, and I thought his statement said it all, when Abraham Foxman, who gave riveting testimony at our Berlin conference, pointed out just recently in the Jerusalem Post, just a couple of days ago, and I would like to close with his statement, he said “Anti-Semitism is surging in the world to the extent unprecedented since the end of World War II. Europe must take seriously the ideology of anti-Semitism coming out of the Arab and Islamic world. It must denounce the deliberate targeting of Jews by terrorist groups, whether it be al Qaeda or Hamas. It must denounce the vicious anti-Semitic material in the Arab press and educational systems and call on Arab leaders to do something about it. It must understand that the Holocaust happened not only because Germany was taken over by the Nazis, who developed a massive military power to conquer most of Europe, but also by the complicity--active and passive--of other Europeans. Today, the great threat comes from the combination of the ideology of hatred with Islamic extremists to acquire weapons of mass destruction.” And then he bottom lines it and says, “Let Europe never again be complicit in developments of this kind.” Mr. Speaker, this Congress needs to go on record in a bipartisan way, Democrats, Republicans, Conservatives, Moderates, and Liberals to say anti-Semitism, never again, and we need to do it strongly today.

  • Repression Spreading in Belarus

    Mr. Speaker, Europe's last dictator, Belarus' Alyaksandr Lukashenka, appears determined to ignore the voices of the people of Belarus calling for basic respect for human rights and democratic principles a decade after that country gained its independence and joined the Organization for Security and Cooperation in Europe (OSCE).   As Chairman of the Helsinki Commission, I am disturbed by recent developments which demonstrate the growing repression in Belarus. There have been further restrictions imposed on the independent media, with the recent suspension of independent newspapers Navinki and Ekho. Just a few days ago, the publication Predprinimatelskaya Gazeta was suspended for three months. The offices of the trade union paper Solidarnost have been sealed by the authorities. Still other publications have received warnings that could lead to their closure. These actions were preceded by the three-month suspension of two prominent independent newspapers--Belaruskaya Delovaya Gazeta and BDG--For Internal Use Only.   The Lukashenka regime is also targeting schools. The National Humanities Lyceum, a highly respected high school promoting study of the Belarusian language and culture, is under fire, with its acting head to be replaced by a reportedly non-Belarusian-speaking official. Why? Because professors at the school support democracy and the Belarusian language and culture which ironically is anathema to the Belarusian strongman. Mr. Speaker, what kind of leader actively suppresses his nation's language and culture?   Moreover, a new crackdown on Pentecostal home meetings in western Belarus is underway, with fines being handed down on church members who permit their homes to be used for prayer meetings--a result of last year's restrictive religion law.   Non-governmental organizations (NGOs) are also facing increasing scrutiny, often for truly spurious reasons such as minor mistakes in registration documents. Several, including Ratusha, Varuta and the Youth Christian Social Union, are under threat of liquidation. Just a few days ago, the Homel regional court ordered the closure of the area's largest NGO, Civic Initiatives. The intensified campaign against NGOs and the independent media are widely regarded among domestic and international observers as a concerted attack on active and independent civil society structures.   Repressive actions against individuals continue as well. Recently, 18-year-old ZUBR activist Tatiana Elovaya was sentenced to 10 days imprisonment for manifesting her support in an April 3 demonstration outside the U.S. Embassy for the campaign to liberate Iraq. Several others, including 19-year-old Lyubov Kuchinskaya had served 10-day sentences earlier. Unfortunately, these are just some recent examples of a longstanding pattern of the Lukashenka regime's flouting of its OSCE commitments and continued disregard for the four OSCE criteria set forth three years ago by the Parliamentary Troika for Belarus.   Despite steps by the OSCE community, including the re-opening of the OSCE Office in Miensk (albeit under a more limited mandate), the seating of the National Assembly and the lifting of a visa ban, not only have reciprocal steps not been taken by the Belarusian authorities but the situation has indeed deteriorated further.   Earlier this year, I introduced H.R. 854, the Belarus Democracy Act, designed to assist the people of Belarus in regaining their freedom and enable them to join the European community of democracies. Key provisions of this Act also have been incorporated into the Foreign Relations Reauthorization bill. Mr. Speaker, the Lukashenka regime's continuing suppression of the longsuffering Belarusian people underscores the need for the Belarus Democracy Act and other efforts--including within the OSCE--to restore respect for human rights and institutions of democratic governance.

  • Arming Rogue Regimes: The Role of OSCE Participating States

    The hearing will consider the efforts to curb the spread of deadly weapons and related militarily significant technology and equipment to dangerous regimes around the world. Rather than focus on the efforts by these regimes to acquire the material, we want to examine the capacity and willingness of participating States in the OSCE to be their source. The end of the Cold War left some states, especially those of the former Warsaw Pact, with huge stockpiles of military hardware, while economic downturns made their military industries and research institutes desperate for funds. The United States has encouraged these countries to maintain tight control over surplus equipment and convert the factories into industrial production. Still, several countries remain vulnerable to the lure of responding to the demand, even from rogue states and regimes, for weapons of mass destruction, delivery system, and small arms or light weapons.

  • Internally Displaced Persons In The Caucasus Region And Southeastern Anatolia

    Rep. Chris Smith (NJ-04), other legislators, and witnesses discussed Internally Displaced Persons (or IDPs) in the north Caucasus region of the Russian Federation, Georgia, Armenia, Azerbaijan, and Turkey. At the time of this hearing, this set of countries represented the greatest concentration of IDPs fleeing conflicts anywhere in the OSCE, which then consisted of 55 states. IDPs are not granted the same protections as refugees as stipulated under the U.N. Refugee Convention, although IDPs face similar problems, due to the fact that IDPs do not cross international borders.

  • Human Rights in Chechnya Focus of Helsinki Commission Briefing

    By John Finerty, CSCE Staff Advisor The United States Helsinki Commission held a briefing April 24, 2003 on the critical human rights and humanitarian situation in war-torn Chechnya, Russian Federation. The panelists of the briefing were Eliza Moussaeva, Director of the Ingushetia office of the Memorial Human Rights Center, and Bela Tsugaeva, Information Manager of World Vision, Ingushetia. The Commission guests were accompanied by Maureen Greenwood, Advocacy Director for Europe and Eurasia, Amnesty International, USA. Helsinki Commission Deputy Chief of Staff Ron McNamara opened the briefing. “Despite concerted efforts by the Russian leadership to portray the situation in Chechnya as approaching normal, the pattern of clear, gross and uncorrected violations of OSCE commitments by Russian forces continues,” McNamara said. “From reports of credible and courageous human rights activists such as our panelists, it is clear that the most egregious violations of international humanitarian law anywhere in the OSCE region are occurring in Chechnya today.” Ms. Moussaeva said that, as of late, Russian forces no longer conduct sweep operations (“zachistki”) in search of rebels, but now rely on night raids by masked personnel. In the three months from January to March, there were 119 abductions by federal forces engaged in such operations, according to Moussaeva, who added that during the same period last year, there were 82 abductions marking an increase in such activity by Federation forces. This shift in tactics has made it more difficult for families to trace their abducted relatives, whereas previously relatives generally knew which units had conducted the sweeps. Now, units and identities of the raiders are unknown, as well as the location of detainees. Officially, 2,800 persons are missing. Memorial believes the actual number to be significantly higher. Mass graves are a common find. In January, one mass grave was found in which the exact number of corpses could not be ascertained, because the bodies had been blown up by grenades to hide traces of torture and abuse. Authorities claim these individuals were abducted by Chechen rebel forces; yet some family members, who were able to identify their relatives by the clothing on the bodies, say that these individuals were actually taken by federal forces. According to Moussaeva, Moscow’s highly-touted March 23rd constitutional referendum has not marked an improvement in Chechen life on the ground. On one single day after the referendum, Memorial received reports of several cases of individuals abducted by federal forces. On the same day, a bus exploded, killing nine. Ms. Moussaeva asked, “So we have the question, why did we need that referendum if it didn’t change the situation for the better, if it didn’t bring us stability?” Regarding an OSCE presence in Chechnya, Moussaeva said, “We hope that they would have the opportunity to open in Chechnya again, and it will be a great help for us. The OSCE had a very positive experience and a good image after the first war.” Ms. Tsugaeva spoke about the situation for internally displaced persons (IDPs). According to information compiled by the Danish Refugee Council, there are some 92,000 IDPs in the neighboring republic of Ingushetia, which has a population of only 350,000. Fifteen thousand of the IDPs live in five large tent camps, 27,000 in other structures such as industrial plants or farms, and 50,000 in private accommodations, for which most have to pay rent. Most individuals lack basic necessities and have been asked by Ingushetia to leave, yet they have nowhere to go. Refugees in this region have also been subjected to efforts by federal officials to drive them away. Seventy percent of aid comes mainly from international NGOs, and the remainder from the UN. Bread distribution to these people is vital but irregular. Most international NGOs have been unable to open offices in Chechnya due to the security situation, meaning only the most needy, such as children and the elderly, can be provided for. Many land mines scattered throughout parts of the country formerly occupied by military forces are an additional cause for concern. According to official statistics, there were over 5,000 victims of landmine explosions in 2002. Despite the work of international NGOs such as the Handicap International Organization, most of these victims do not have access to adequate medical care and are in one way or another incapacitated for life. Ms. Moussaeva stated that an office established by the Putin government to monitor the human rights situation in Chechnya was ineffectual and merely for show. Of more than 29,000 complaints of harassment by federal forces filed by individuals, only 550 had been investigated. Ms. Greenwood commended the Helsinki Commission for its letter to Secretary of State Colin Powell urging the U.S. delegation at the United Nations Commission on Human Rights in Geneva to push for a strong resolution to the conflict in Geneva. The recently concluded 58th Meeting of the UN Commission on Human Rights failed by a vote of 15-21 to adopt a U.S.-supported resolution expressing “deep concern” about reported human rights violations in Chechnya. “Amnesty would like to thank co-signers Senator Ben Nighthorse Campbell, Representative Christopher Smith, Senator Gordon Smith, Representative Steny Hoyer, Representative Robert Aderholt and Representative Ben Cardin,” Greenwood said. Furthermore, Greenwood expressed Amnesty International’s concern regarding the targeting of civilians on both sides of the conflict. Chechen rebel forces have engaged in abductions, hostage taking, and assassinations. Russians have used tactics such as extra-judicial executions, rape, and torture. Amnesty International profiles a few prominent cases, but these represent hundreds of other cases of human rights abuses. Ms. Greenwood presented Amnesty International’s recommendations for the United States Government, including: pressuring the Russian Government not to close tent camps for IDPs; encouraging the US Government to maintain funding levels of the Freedom Support Act for pro-human rights and democracy NGOs in the Russian Federation; demanding access to Chechnya for international journalists and observers; and, supporting the establishment of a human rights tribunal in the Council of Europe. Amnesty International’s recommendations for the Russian Government included providing accountability for previous abuses and ending violations of human rights law. Finally, Amnesty International called upon Chechen rebels to abide by international law, and stop the kidnaping and killings. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission intern Sean Callagy contributed to this article.

  • Floor Statement in Support of H. Con. Res. 49 Condemning Anti-Semitism in Europe - Rep. Cardin

    Mr. Speaker, let me first thank the gentleman from California (Mr. Lantos). There is no Member of this body who has done more in his lifetime to fight anti-Semitism than the gentleman from California (Mr. Lantos), and I congratulate him for his effective leadership against anti-Semitism here and around the world. I also want to thank the gentleman from New Jersey (Mr. Smith), who is the chairman of our OSCE delegation. I have the honor of being the ranking Democratic member. The gentleman from Florida (Mr. Hastings), who will be speaking shortly, is one of the commissioners. We have made the fight against anti-Semitism a top priority of our delegation. We have been effective in making it a top priority within the OSCE Parliamentary Assembly. We have done that because we have seen a rise of anti-Semitism, physical assaults on individuals solely because they are Jewish, desecration of Jewish cultural sites, propaganda in the media have all been on the rise. We must have a zero tolerance policy about anti-Semitism. The OSCE Helsinki Commission provides a unique opportunity for us to fight anti-Semitism. It not only has in its membership all of the countries of Europe, Canada and the United States, but it has the participation of our Mediterranean partners, which include Israel, Egypt and Jordan. The OSCE Helsinki Commission has had a history of effectively dealing with human rights issues, so that is why the United States leadership has been effective in bringing about the forums to deal with anti-Semitism. I know there was just a meeting in Vienna that the gentleman from New Jersey (Chairman Smith) and the gentleman from Florida (Mr. Hastings) participated in. We adopted in the OSCE Parliamentary Assembly last year a very strong resolution against anti-Semitism as a result of the U.S. leadership, and we have signed a letter of intent with Germany to spell out specific actions that we need to take in order to fight anti-Semitism. We can never justify anti-Semitic actions by international developments or political issues. We need to have an action plan to fight anti-Semitism. We need to have strong laws that are adopted by our member states and enforced. We need to speak out against anti-Semitism as parliamentarians. Silence is not an option. As all my colleagues have expressed, we need educational programs for our children. The resolution says we need to create educational efforts throughout the region encompassing the participating states of OSCE to counter anti-Semitic stereotypes and attitudes among younger people, increase Holocaust awareness programs, and help identify the necessary resources to accomplish this goal. Our children are our future. In many of these states, we are finding there are counterproductive programs promoting anti-Semitism. We need a proactive agenda. This resolution puts this body on record in strong support of our resolution within OSCE to continue our commitment to support action plans to stamp out anti-Semitism. I urge my colleagues to support the resolution.

  • Prevention of Anti-Semitic Violence

    Mr. President, I appreciate the broad bipartisan support given to Senate Concurrent Resolution 7, and the prompt action by the Committee on Foreign Relations, allowing for timely consideration of this resolution by the full Senate. Anti-Semitism is an evil that has bedeviled previous generations, formed a black spot on human history, and remains a problem to this day. As Co-Chairman of the Helsinki Commission, I have been particularly concerned over the disturbing rise in anti-Semitism and related violence in many participating States of the 55-nation Organization for Security and Cooperation in Europe, OSCE, including the United States.   The anti-Semitic violence we witnessed in 2002, which stretched the breadth of the OSCE region, is a wake-up call that this evil still lives today, often coupled with a resurgence of aggressive nationalism and an increase in neo-Nazi “skin head” activity. Together with colleagues on the Helsinki Commission, we have diligently urged the leaders of OSCE participating States to confront and combat the plague of anti-Semitism. Through concerted efforts by the State Department and the U.S. Mission to the OSCE, a conference focused on anti-Semitism--called for in the pending resolution--will be convened in Vienna, Austria, June 19-20.   Meanwhile, the Helsinki Commission has undertaken a number of initiatives aimed at further elevating the attention given to rising anti-Semitism. In the year since the Commission's hearing on this issue, Commissioners have pursued it within the OSCE Parliamentary Assembly as well as in contacts with officials from countries of particular concern. I would point to France as a country that has recognized the problem and acted to confront anti-Semitism and related violence with tougher laws and more vigorous law enforcement. I urge French officials to remain vigilant, while recognizing that none of our countries is immune.   A recent opinion survey of adults in five European countries conducted by the Anti-Defamation League, ADL, found that 21 percent harbor “strong anti-Semitic views.” At the same time, the survey revealed that 61 percent of the individuals polled stated they are “very concerned” or “fairly concerned” about violence directed against European Jews. An ADL national poll of 1000 American adults found that 17 percent of Americans holds views about Jews that are “unquestionably anti-Semitic,” an increase of 5 percent from the previous survey conducted four years earlier. According to ADL there were 1,559 reported anti-Semitic incidents in the U.S. in 2002, with attacks on campuses rising by 24 percent over the previous year.   Mr. President, if anti-Semitism is ignored and allowed to fester and grow, our societies and civilization will suffer. A particularly disturbing element we have observed is the growth of anti-Semitic acts and attitudes among young people ranging from a rise in incidents on U.S. college campuses to violent attacks perpetrated on Jews by young members of immigrant communities in Western Europe. Education is essential to reversing the rise in anti-Semitism. Our young people must be taught about the Holocaust and other acts of genocide. Institutions such as the Holocaust Memorial Museum are making valuable contributions to promote the sharing of this experience at home and abroad. Such activity should have our strong support as a vital tool in confronting and combating anti-Semitism.   Mr. President, passage of the Senate Concurrent Resolution 7 will put the United States Senate on record and send an unequivocal message that anti-Semitism must be confronted, and it must be confronted now.   Mr. FRIST. Mr. President, I ask unanimous consent the concurrent resolution be agreed to, the preamble be agreed to, and the motion to reconsider be laid upon the table, with no intervening action or debate.   The PRESIDING OFFICER. Without objection, it is so ordered.   The concurrent resolution (S. Con. Res. 7) was agreed to.   The preamble was agreed to.   The concurrent resolution, with its preamble, reads as follows:   S. CON. RES. 7   Whereas the expressions of anti-Semitism experienced throughout the region encompassing the participating States of the Organization for Security and Cooperation in Europe (OSCE) have included physical assaults, with some instances involving weapons or stones, arson of synagogues, and desecration of Jewish cultural sites, such as cemeteries and statues;   Whereas vicious propaganda and violence in many OSCE States against Jews, foreigners, and others portrayed as alien have reached alarming levels, in part due to the dangerous promotion of aggressive nationalism by political figures and others;   Whereas violence and other manifestations of xenophobia and discrimination can never be justified by political issues or international developments;   Whereas the Copenhagen Concluding Document adopted by the OSCE in 1990 was the first international agreement to condemn anti-Semitic acts, and the OSCE participating States pledged to “clearly and unequivocally condemn totalitarianism, racial and ethnic hatred, anti-Semitism, xenophobia, and discrimination against anyone as well as persecution on religious and ideological grounds”;   Whereas the OSCE Parliamentary Assembly at its meeting in Berlin in July 2002, unanimously adopted a resolution that, among other things, called upon participating States to ensure aggressive law enforcement by local and national authorities, including thorough investigation of anti-Semitic criminal acts, apprehension of perpetrators, initiation of appropriate criminal prosecutions, and judicial proceedings;   Whereas Decision No. 6 adopted by the OSCE Ministerial Council at its Tenth Meeting held in Porto, Portugal in December 2002 (the “Porto Ministerial Declaration”) condemned “the recent increase in anti-Semitic incidents in the OSCE area, recognizing the role that the existence of anti-Semitism has played throughout history as a major threat to freedom”;   Whereas the Porto Ministerial Declaration also urged “the convening of separately designated human dimension events on issues addressed in this decision, including on the topics of anti-Semitism, discrimination and racism, and xenophobia”; and   Whereas on December 10, 2002, at the Washington Parliamentary Forum on Confronting and Combating anti-Semitism in the OSCE Region, representatives of the United States Congress and the German Parliament agreed to denounce all forms of anti-Semitism and agreed that “anti-Semitic bigotry must have no place in our democratic societies”: Now, therefore, be it   Resolved by the Senate (the House of Representatives concurring), That it is the sense of Congress that--   (1) officials of the executive branch and Members of Congress should raise the issue of anti-Semitism in their bilateral contacts with other countries and at multilateral fora, including meetings of the Permanent Council of the Organization for Security and Cooperation in Europe (OSCE) and the Twelfth Annual Session of the OSCE Parliamentary Assembly to be convened in July 2003;   (2) participating States of the OSCE should unequivocally condemn anti-Semitism (including violence against Jews and Jewish cultural sites), racial and ethnic hatred, xenophobia, and discrimination, as well as persecution on religious grounds whenever it occurs;   (3) participating States of the OSCE should ensure effective law enforcement by local and national authorities to prevent and counter criminal acts stemming from anti-Semitism, xenophobia, or racial or ethnic hatred, whether directed at individuals, communities, or property, including maintaining mechanisms for the thorough investigation and prosecution of such acts;   (4) participating States of the OSCE should promote the creation of educational efforts throughout the region encompassing the participating States of the OSCE to counter anti-Semitic stereotypes and attitudes among younger people, increase Holocaust awareness programs, and help identify the necessary resources to accomplish this goal;   (5) legislators in all OSCE participating States should play a leading role in combating anti-Semitism and ensure that the resolution adopted at the 2002 meeting of the OSCE Parliamentary Assembly in Berlin is followed up by a series of concrete actions at the national level; and   (6) the OSCE should organize a separately designated human dimension event on anti-Semitism as early as possible in 2003, consistent with the Porto Ministerial Declaration adopted by the OSCE at the Tenth Meeting of the OSCE Ministerial Council in December 2002.

  • Coerced Sterilization Investigated in Slovakia

    Mr. Speaker, on May 8, the Senate gave its consent to protocols providing for the accession of seven new members to the North Atlantic Treaty Organization. I have supported Slovakia's admission to NATO and am heartened that the post-1998 democratic and human rights progress in Slovakia made the Senate vote possible. Slovak leaders continue to demonstrate in many concrete ways their commitment to the oftcited but not always visible "shared values" that are central to the trans-Atlantic community. I was moved to read that several Slovak leaders, including Speaker of the Parliament, Pavol Hrusovsky, with whom I met last year, Laszlo Nagy, Chairman of the Parliament's human rights committee, and the Foreign Ministry have spoken out so clearly and strongly on behalf of the Cuban dissidents victimized by Castro's recent sweeping crackdown on human rights activists. At the same time, I have continuing concerns about the Slovak Government's ongoing investigation into allegations that Romani women were sterilized without proper informed consent. Mr. Speaker, I know these allegations are of concern to many members of the Helsinki Commission, one of whom recently sponsored a Capitol Hill briefing concerning the sterilizations. I also discussed the issue with Slovak Ambassador Martin Butora and Deputy Minister Ivan Korcok in March. Eight Helsinki Commissioners joined me in writing to Prime Minister Dzurinda to express our concern, and U.S. Assistant Secretary for Human Rights, Democracy, and Labor, Lome Craner, commented on this abhorrent practice at his hearing on the State Department's annual human rights report. I was encouraged by the Prime Minister's substantive and sympathetic response, and I commend his commitment to improve respect for the human rights of Slovakia's Romani minority. At the same time, I am deeply troubled by one particular aspect of the government's response to the reports documenting that sterilizations occurred without proper informed consent. Shortly after the release in January of a lengthy report on sterilization of Romani women, a spokesperson for the ministry responsible for human rights was quoted in The New York Times as saying: "If we confirm this information, we will expand our charges to the report's authors, that they knew about a crime for a year and did not report it to a prosecutor. And if we prove it is not true, they will be charged with spreading false information and damaging the good name of Slovakia." In other words, if the government's investigation does not find evidence of coerced sterilization, they intend to make those who dared make the allegation pay a price. And if the government's investigation does confirm the allegation, they will still make those who made the allegation pay a price. I believe this is what is meant by the old expression, "Damned if you do, and damned if you don't." This is really an outrageous threat, and it's hard to believe that an official responsible for human rights would have made it. Mr. Speaker, I had hoped that this was an unfortunate misstatement and not really reflective of the Slovak Government's policies. I had hoped that the fact that almost every newspaper article, from Los Angeles to Moscow, about coerced sterilization in Slovakia has mentioned this threat would lead the Slovak Government to issue some kind of clarification or retraction. Unfortunately, not only has there been no such clarification or retraction, but the threat has now been repeated--not once, but at least twice. First, in mid-March, the Ministry of Health issued a report based on its own investigation into the allegations. (A separate government investigation continues.) Naming a particular Slovak human rights advocate by name, the ministry complained that she had refused to cooperate with police investigators and this could be considered covering up a crime. Essentially the same point was made by Slovakia's Ambassador to the OSCE in early April, ironically during a meeting on Romani human rights issues. Mr. Speaker, these threats raise serious doubts about the breadth and depth of the Slovak Government's commitment to get at the truth in this disturbing matter. Can the Slovak Government really expect women who may have been sterilized without consent to come forward and cooperate with an investigation with a threat like this hanging over them? A few brave souls may, but I believe these threats have had a substantial chilling effect on the investigative process. In fact, it is not unusual for those whose rights have been violated to confide their stories only upon condition of anonymity. And while I realize there has been a very serious effort in Slovakia to improve the professionalism of the police and to address past police abuses against Roma, I certainly can't blame Romani women if they are unwilling to pour their hearts out to their local constables. Simply put, the police have not yet earned that trust. I hope the Slovak Government will set the record straight on this and remove any doubt that the days when human rights activists could be sent to jail for their reports is over. Doing so is critical for the credibility of the government's ongoing investigation.

  • The Continuing Plight of Roma in Greece

    Mr. Speaker, the European Roma Rights Center (ERRC) and Greek Helsinki Monitor (GHM) have just published a report on the human rights situation of Roma in Greece. “Cleaning Operations: Excluding Roma in Greece” documents the plight of the inhabitants of the Romani settlement of Aspropyrgos, outside Athens, and details the problems of Roma across the country. Illustrated with stark scenes of bulldozed homes and marginalized and neglected Romani communities, a picture disturbing in more ways than one has been painted.   In particular, the report supports the accusation that the Government of Greece has used preparations for the 2004 Olympics as justification for the campaign to uproot Roma. Ironically, Greece currently holds the presidency of the European Union.   The Helsinki Commission, which I co-chair, held hearings in 1998, 2000, and in 2002 focused on the human rights problems faced by Roma with the intent of raising the awareness of these problems amongst the governments of the OSCE participating States. The plight of the Roma has also been addressed in specific hearings or briefings covering Greece, Russia, Serbia, Kosovo, and Romania, as well as the OSCE process.   Members of the Commission have also sent several letters to Greek leaders in recent years addressing longstanding human rights concerns in the Hellenic Republic, including those affecting the Romani community. These expressions of concern have specifically addressed forced evacuations of Roma from numerous villages, the abusive application of the use of national identity cards issued to Roma, the inability of Roma children to have access to schools on a non-discriminatory basis and other matters of blatant racial discrimination.   This newly released report on Roma clearly indicates that the Greek Government has failed to properly address many of these ongoing concerns. At a June 2002 Commission hearing on Greece, in fact, I raised the specter of an intensified campaign targeting Roma to obtain land for use as venues for the 2004 Olympics. This campaign is well documented in this report.   Notwithstanding the assertions of Greek officials at the Commission hearing that “everything is done (concerning the relocation) in consultation with, and with the consent of, the Roma involved,” numerous non-governmental organizations have raised such issues with Athens. Greek human rights activists have stepped forward.   As an original signatory to the 1975 Helsinki Final Act, Greece has accepted numerous commitments pertaining to the treatment of Roma and joined in condemning discrimination against Roma, a provision found in the 1999 Istanbul OSCE Summit Document. Regrettably, the Greek Government has failed to fulfill these commitments, as documented in the new ERRC/GHM report on Roma in Greece.   The ERRC and GHM conducted intensive field missions that revealed several patterns of human rights abuse against Roma in Greece: cruel and inhuman or degrading treatment of Roma in housing; police violence against Roma; exclusion of Roma from the educational system; and, barriers to access to health care and other social support services for Roma.   Based on the facts in this report and the discussions I have had over the years in my leadership capacity with the Helsinki Commission, I urge the Government of Greece to take corrective measures, without delay, along the lines recommended by the ERRC and the GHM:   1. Facilitate access to Greek citizenship for those Roma residing in Greece who are stateless and provide the necessary legal documents (such as identity cards) to all Roma.   2. Use all appropriate means to guarantee protection against forced evictions outside the rule of law and without due process.   3. Bring to justice public officials and private individuals responsible for forced evictions of Roma in breach of Greek law.   4. Carry out thorough and timely investigations into all alleged instances of police abuse.   5. Undertake effective measures to ensure that local authorities register all persons factually residing in a given municipality, without regard to ethnicity.   6. Ensure that Romani schoolchildren have equal access to education in a desegregated school environment.   7. Without delay, adopt comprehensive anti-discrimination legislation, as called for in the 1999 OSCE Istanbul Summit Document.   8. Conduct public information campaigns on human rights and remedies available to victims of human rights abuse, and distribute in both the Greek and Romani languages.   9. Conduct comprehensive human rights and anti-racism training for national and local administrators, members of the police force, and the judiciary.   10. At the highest levels, speak out against racial discrimination against Roma and others, and make clear that racism will not be tolerated.   The Helsinki Commission will continue to monitor the situation of Roma in the Hellenic Republic with the aim of encouraging the Government of Greece to implement commitments it has agreed to within the framework of the Organization for Security and Cooperation in Europe. The Commission will also work to ensure that the plight of Roma in Greece is raised at the Human Dimension Implementation Meeting to be held this fall in Warsaw.

  • Human Rights in Belarus and Russia

    Mr. Speaker, as Co-Chairman of the Organization on Security and Cooperation in Europe, I have followed with particular concern both the deadly climate in Chechnya and the deterioration of human rights in Belarus. Such violations of basic human rights deserve focused criticism, and it is appropriate that the agenda of the United Nations Commission on Human Rights included resolutions on each situation.   On April 17, the U.N. Commission voted 23-14 with 16 abstentions to approve a U.S.-cosponsored resolution urging the Belarusian authorities to investigate "fully and impartially" credible reports that senior government officials were involved in the disappearances in 1999 and 2000 of leading opposition figures and a journalist. I have followed these cases closely and have become increasingly frustrated at the Belarusian regime's intransigence in meaningfully investigating these disappearances. Here in Washington and at OSCE Parliamentary Assembly meetings in Paris and Berlin, I have had occasion to meet with the wives of the disappeared. These meetings have been heart-wrenching. The cases of their husbands--who disappeared in 1999 and 2000 and are presumed to have been murdered--offer a chilling glimpse into the nature of the regime of Belarusian dictator Alexander Lukashenka, a regime that has the worst human rights record in Europe today. In February, I introduced H.R. 854, the Belarus Democracy Act, designed to bolster democratic development in that beleaguered country, and I am pleased that the State Department authorization bill approved yesterday by the House International Relations Committee includes key provisions of the Belarus Democracy Act. This bill encourages sanctions against the Belarusian regime until certain conditions are met, including a full accounting of these tragic disappearances.   The Belarusian people deserve to live in a society where democratic principles and human rights are respected and the rule of law is paramount, and I believe that the passage of the U.N. Human Rights Commission resolution is an important step towards that end.   Mr. Speaker, I wish I could report that the U.N. Commission on Human Rights had acted with equal conscience on the issue of Chechnya. We all know the desperate human rights situation in that war-torn region of the Russian Federation. Since the Chechen war reignited in 1999, international and domestic Russian human rights organizations have documented the disproportionate and indiscriminate use of force by elements of the Russian military, as well as extrajudicial killings, abuse of prisoners, kidnaping, rape, and extortion of civilians. According to official statistics, 2,800 persons are missing in Chechnya; mutilated bodies of young Chechen males turn up almost daily. A representative of the respected human rights organization Memorial reported at a recent Helsinki Commission briefing that "one of the recent tendencies is to explode the corpses" in order to prevent identification. Needless to say, all of this is in clear violation of the Geneva Convention and the OSCE Code of Conduct during internal conflicts.   What's left of the Chechen capital of Grozny after Russian artillery shelling has been compared to the ruins of Stalingrad in 1943. According to the U.N., there are 92,000 internally displaced persons forced to flee from the fighting, with around 17,000 living in tent camps in neighboring Ingushetia.   Chechen forces are not entirely blameless. There are credible reports of their executing prisoners and using non-combatants as human shields. They have also assassinated pro-Moscow Chechen officials. The U.S. Government has placed three militant groups involved in the Chechen resistance on its list of terrorist groups.   Still, is this an excuse for Russia's savage war against the civilian population?   Despite all the documentation and eyewitness testimony on egregious human rights violations committed in Chechnya, the Commission on Human Rights rejected by a vote of 15-21 an even-handed European Union resolution expressing deep concern at the reported ongoing violations of international law in Chechnya. I note that the U.S. delegation did not cosponsor the resolution, though it did support it when the measure came to a vote. We should not be surprised that China, Sudan and Zimbabwe voted against the resolution. I do find it disconcerting, though, that the delegations of Armenia and Ukraine are in that less than distinguished company.   Ambassador Jean Kirkpatrick, Head of the U.S. Delegation to the U.N. Commission noted: "The United States believes it important that the Commission address the serious human rights abuses that have occurred in Chechnya. We recognize Russia's right to defend its territorial integrity and itself against terrorism. The broader conflict in Chechnya cannot be resolved militarily and requires a political solution. Human rights violations by Russian forces in Chechnya need to be curtailed, and abusers held accountable."   So the people of Chechnya continue to suffer, and the U.N. Commission on Human Rights looks the other way.

  • Taking Stock in Romania

    Mr. Speaker, I rise today to discuss the consolidation of democracy in Romania. As Co-Chairman of the Commission on Security and Cooperation in Europe--the Helsinki Commission--I have followed events in Romania for many years. The Romanian people have survived the repression of a brutal communist dictatorship and, in the years since the fall of that regime, have made great strides in building democratic institutions and the rule of law. However, much remains to be done to overcome the legacy of the past.   Romania is a good friend and strong ally of the United States. I appreciate and thank the Government of Romania for its steadfast support of Operation Enduring Freedom in Afghanistan, where a battalion serves on the ground, and for its support of the U.S.-led military action in Iraq. Romania has been offered the much sought after admission to NATO, and today the Senate began debate on the Protocols of Accession. Romania is also an accession candidate to the EU.   It is in the spirit of friendship that I continue to follow the human rights issues there, based on a belief that Romania will be a stronger democracy, and therefore a stronger partner, when respect for human rights is strengthened. Frankly, I am concerned that, following Romania’s invitation to join NATO, the reform momentum in Bucharest may have dissipated.   Mr. Speaker, I believe that there is no greater barometer of democracy than free speech and freedom of the press. While there is no doubt that the Romanian people have access to a broad range of print and electronic media, 13 years after the fall of Ceausescu, Romanian law still includes communist-era criminal defamation provisions which impose prison terms for offenses such "insult" or "offense against authority." These laws cause a chilling effect on independent and investigative journalism and should be repealed.   Today, I received a letter from Foreign Minister Geoana, informing me that a new draft Penal Code would do exactly that. This is encouraging news, and I will follow this process closely with the hope that articles 205, 206, 236, 236 (1), 238, and 239 of the Romanian Penal Code will actually be repealed and not just modified.   Mr. Speaker, there is no international requirement that countries must make property restitution or provide compensation for confiscated properties. However, if a legal process for property restitution or compensation is established, international law requires that it be nondiscriminatory and be implemented under the rule of law. Property restitution in Romania since the fall of communism has been slow and ineffective, and the laws--which the government has enacted to address the problem--lack transparency, are complex, and have not been effectively implemented.   Restitution of communal property--for example, churches or synagogues--is especially difficult. In 1948, Romania’s communist government banned the Greek Catholic (Uniate) Church and ordered the incorporation of the Greek Catholic Church into the Orthodox Church. More than 2,500 churches and other buildings seized from the Uniates were given to Orthodox parishes. The government decree that dismantled the Greek Catholic Church was abrogated in 1989, however, of the thousands of properties confiscated from Greek Catholics, fewer than 200 have been returned nearly 15 years later. The status of thousands of properties belonging to the historic Hungarian faiths (Roman Catholic, Reformed, Lutheran and Unitarian), and the Jewish community, as well as other non-traditional religions has not been resolved, despite the enactment of a communal property restitution law in July of 2002.   The restitution of private property in Romania is equally as murky. In February 2001, the Romanian Parliament enacted Law 10/2001, the express purpose of which, according to Article 1 (1) of the Law, is to make restitution in-kind of nationalized real property and, whenever such in-kind restitution is not possible, to make restitution in an equivalent consisting of cash for residential properties and vouchers to be used in exchange for shares of state-owned companies or services. This clearly stated principle has been undermined by so many exceptions that it becomes virtually meaningless. Those claimants who have overcome the numerous exceptions contained in the law have then been stymied by government recalcitrance when they have attempted to obtain the necessary documentation to support their claims. Many title deeds were purposely destroyed by the former communist regime. State archives, having been deluged with a significant volume of requests, complicate the process with chronic bureaucratic delays in processing property records, and seeming indifference to the urgency of those requests. The Government of Romania cannot expect claimants to file within prescribed deadlines, and then not provide them with the means to obtain the proof of their clams from the government’s own records.   Further, I am disappointed by the ineffective and inadequate attempts of the Romanian Government to register the Jehovah’s Witnesses as an official religion. The inability of the government to make this happen is a serious concern, as it is more than an issue of legal personality, but also of rule of law, religious freedom and discrimination. In October 2001, I received personal assurances from Foreign Minister Geoana that this longstanding matter would be resolved; it has not despite a ruling by Romania’s highest court dating back to 2000. The Ministry of Culture and Religious Affairs seemed to provide a fix in October of last year, but it proved faulty and failed to bring closure to this matter. Mr. Speaker, I urge the competent Romanian authorities to remove this issue from the agenda by facilitating the recognition of the Jehovah’s Witnesses as an official religion without further delay.   Another matter which I hope the Government of Romania will bring to closure is the rehabilitation and honoring of World War II dictator, Marshall Ion Antonescu, Hitler ally and war criminal condemned for the mass murder of Jews. Last year government officials publicly condemned efforts to honor Antonescu and removed from public land three statues that had been erected in his honor. One statue remains on public land in Jilava, the site of Antonescu’s execution, and important streets in the cities of Timisoara and Oradea continue to be named after him. I urge the Government of Romania to remove these remaining vestiges honoring the former dictator.   Finally, Mr. Speaker, I want to express my continuing concern about the Romani minority in Romania. I appreciate that Romania was the first country in Central Europe to adopt comprehensive anti-discrimination legislation. This was an extremely important and positive step. But there appears to be a rising tide of intolerance against Roma, manifested by scapegoating of Roma in the media and in the statements of some public officials. In all likelihood, this climate contributed to the tragic events in Buhusi last December, when a number of Roma were shot during a police raid, including a 14-year-old boy who was reportedly shot in the back. I hope the Romanian Government will play a leadership role in countering prejudice against Roma and will continue to implement programs to address discrimination against them.   Protection and promotion of fundamental freedoms and human rights, as well as commitment to the Helsinki Final Act and respect for Organization for Security and Cooperation in Europe norms and principles, are requirements for NATO membership. As a participating State of the OSCE, and as a candidate for admission to NATO, Romania has made that commitment. It is my hope, Mr. Speaker, that the Government of Romania will use this opportunity to strengthen its democracy, not retreat from it.

  • 10 Years of Remembrance: The United States Holocaust Memorial Museum

    Mr. Speaker, today I want to pay special tribute on the 10th anniversary of the United States Holocaust Memorial Museum. During the past decade, the institution and its dedicated staff members have worked tirelessly to promote remembrance of the Holocaust and to draw lessons for the future from this very dark chapter of mankind's recent history. When the Museum was dedicated and formally opened in late April 1993, this event culminated over 10 years of preparation that started in 1980 with the chartering of the institution by a unanimous Act of Congress. Recognizing the work of the Museum this week is very fitting, as it is the week of Holocaust Remembrance Day, a time for honoring the millions of Jews who died almost 60 years ago under Nazi tyranny. As set forth in its mission statement, the Holocaust Memorial Museum has become America's national institution for the documentation, study, and interpretation of Holocaust history, and is this country's memorial to the millions of people murdered during the Holocaust. The Museum and its International Archives Project focuses on all individuals who suffered during the Holocaust, in addition to the six million executed Jews, the horrific Nazi treatment of millions of Roma, disabled, religious and political prisoners, and prisoners of war. The Museum plays a critical role in advancing and disseminating information, documenting the historicity of the Holocaust, while also preserving the memory of individuals who suffered. While insuring that the lessons of the past will not be forgotten, the Museum has actively and creatively developed ways to work towards a better future. The institution's dedication to dealing with the horrors of genocide, whether in Nazi Germany, Bosnia, Rwanda or Cambodia is a critical part of the effort to mobilize international action against this plague on all humanity. The Committee on Conscience plays a particularly significant role in bringing timely attention to acts of genocide or related crimes against humanity. The Museum has rightfully become one of Washington's most revered attractions. The hundreds of thousands of visitors who have toured the Museum since its opening have left with an unforgettable experience and the opportunity to reflect on the deep moral questions stemming from the tragedy of the Holocaust. The Museum's research center has served as a critical resource for scholars who try to help us better understand the lessons of this terrible chapter of human history. The creation of the United States Holocaust Memorial Museum has also encouraged other countries to move to establish comparable institutions including, most significantly, in Berlin, Germany. The U.S. Helsinki Commission, which I co-chair, has worked with the Museum on several occasions, from pushing for the release of documents from the Romani concentration camp in Lety, Czech Republic, to urging Romania to give greater meaning to its stated commitment of rejecting anti-Semitism by removing Antonescu statues from public lands. In response to the alarming spike of anti-Semitic incidents found last summer in Europe, myself and other Members of the Commission have been very active in urging governments and elected officials to denounce the violence and ensure their laws are enabled to prosecute the perpetrators. In support of this effort, I have introduced H. Con. Res. 49, urging, among other things, European states to "promote the creation of educational efforts throughout the region encompassing the participating States of the OSCE to counter anti-Semitic stereotypes and attitudes among younger people, increase Holocaust awareness programs, and help identify the necessary resources to accomplish this goal." It is my hope that other countries will copy the unique and effective model of the United States Holocaust Memorial Museum. Congress has designated April 27th to May 4th as "Days of Remembrance," when our nation will commemorate again the victims of the Holocaust. May we use this time of reflection that will reinforce our common determination to learn from history's harsh lessons.

  • The Troubled Media Environment in Ukraine

    Mr. President, later this week individuals around the world will mark World Press Freedom Day. The functioning of free and independent media is tied closely to the exercise of many other fundamental freedoms as well as to the future of any democratic society. The Commission on Security and Cooperation in Europe, which I co-chair, is responsible for monitoring press freedom in the 55 participating States of the Organization for Security and Cooperation in Europe, OSCE. Recently, I reported to the Senate on the deplorable conditions for independent media in the Republic of Belarus. Today, I will address the situation of journalists and media outlets in Ukraine.   Several discouraging reports have come out recently concerning the medic environment in Ukraine. These reports merit attention, especially within the context of critical presidential elections scheduled to take place in Ukraine next year. The State Department's Country Reports on Human Rights Practices in Ukraine for 2002 summarizes media freedoms as follows: "Authorities interfered with the news media by intimidating journalists, issuing written and oral instructions about events to cover and not to cover, and pressuring them into applying self-censorship. Nevertheless a wide range of opinion was available in newspapers, periodicals, and Internet news sources."   Current negative trends and restrictive practices with respect to media freedom in Ukraine are sources of concern, especially given that country's leadership claims concerning integration into the Euro-Atlantic community. Lack of compliance with international human rights standards, including OSCE commitments, on freedom of expression undermines that process. Moreover, an independent media free from governmental pressure is an essential factor in ensuring a level playing field in the upcoming 2004 presidential elections in Ukraine.   In her April 18, 2003 annual report to the Ukrainian parliament, Ombudsman Nina Karpachova asserted that journalism remains among the most dangerous professions in Ukraine, with 36 media employees having been killed over the past ten years, while beatings, intimidation of media employees, freezing of bank accounts of media outlets, and confiscation of entire print runs of newspapers and other publications have become commonplace in Ukraine.   The murder of prominent journalist Heorhiy Gongadze--who disappeared in September 2000--remains unsolved. Ukrainian President Kuchma and a number of high-ranking officials have been implicated in his disappearance and the circumstances leading to his murder. The Ukrainian authorities' handling, or more accurately mishandling of this case, has been characterized by obfuscation and stonewalling. Not surprisingly, lack of transparency illustrated by the Gongadze case has fueled the debilitating problem of widespread corruption reaching the highest levels of the Government of Ukraine.   Audio recordings exist that contain conversations between Kuchma and other senior government officials discussing the desirability of Gongadze's elimination. Some of these have been passed to the U.S. Department of Justice as part of a larger set of recordings of Kuchma's conversations implicating him and his cronies in numerous scandals. Together with Commission Co-Chairman Rep. Chris Smith, I recently wrote to the Department of Justice requesting technical assistance to determine whether the recordings in which the Gongadze matter is discussed are genuine. A credible and transparent investigation of this case by Ukrainian authorities is long overdue and the perpetrators--no matter who they may be--need to be brought to justice.   The case of Ihor Alexandrov, a director of a regional television station, who was beaten in July 2001 and subsequently died also remains unsolved. Serious questions remain about the way in which that case was handled by the authorities.   A Human Rights Watch report, “Negotiating the News: Informal State Censorship of Ukrainian Television,” issued in March, details the use of explicit directives or temnyky, lists of topics, which have been sent to editors from Kuchma's Presidential Administration on what subjects to cover and in what manner. The report correctly notes that these temnyky have eroded freedom of expression in Ukraine, as "editors and journalists feel obligated to comply with temnyky instructions due to economic and political pressures and fear repercussions for non-cooperation." To their credit, the independent media are struggling to counter attempts by the central authorities to control their reporting and coverage of issues and events.   Another troubling feature of the media environment has been the control exerted by various oligarchs with close links to the government who own major media outlets. There is growing evidence that backers of the current Prime Minister and other political figures have been buying out previously independent news sources, including websites, and either firing reporters or telling them to cease criticism of the government of find new jobs.   Last December, Ukraine's parliament held hearings on "Society, Mass Media, Authority: Freedom of Speech and Censorship in Ukraine." Journalists' testimony confirmed the existence of censorship, including temnyky, as well as various instruments of harassment and intimidation. Tax inspections, various legal actions or license withdrawals have all been used as mechanisms by the authorities to pressure media outlets that have not towed the line or have supported opposition parties.   As a result of these hearings, the parliament, on April 3rd, voted 252 to one to approve a law defining and banning state censorship in the Ukrainian media. This is a welcome step. However, given the power of the presidential administration, the law's implementation remains an open question at best, particularly in the lead up to the 2004 elections in Ukraine.   I urge our Ukrainian parliamentary colleagues to continue to actively press their government to comply with Ukraine's commitments to fundamental freedoms freely agreed to as a signatory to the Helsinki Final Act. I also urge the Ukrainian authorities, including the constitutional "guarantor", to end their campaign to stifle independent reporting and viewpoints in the media. Good news from Ukraine will come not from the spin doctors of the presidential administration, but when independent media and journalists can pursue their responsibilities free of harassment, intimidation, and fear.

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