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statement
Encouraging Democratic Elections in Ukraine
Wednesday, May 05, 2004Mr. Speaker, I'm pleased to join Rep. Hyde, Chairman of the International Relations Committee, in sponsoring an important resolution urging Ukraine to ensure a democratic, transparent, and fair election process for the upcoming presidential election. By urging the Ukrainian authorities to abide by their freely undertaken OSCE commitments on democratic elections, this resolution emphasizes our commitment to the Ukrainian people and the goal of Ukraine's integration into the Western community of nations. As Chairman of the Helsinki Commission, I have been a steadfast supporter of human rights and democracy in Ukraine, and I value independent Ukraine's contribution to security and stability in Europe. The stakes in the upcoming elections are high, not only with respect to the outcome, but also as a fundamental indicator of Ukraine's democratic development. Recent events have dramatically underscored the need for this clear statement of resolve to support a truly democratic process in Ukraine. The pre-election environment in Ukraine has been discouraging, with examples of obstacles to free assembly and free speech, the limiting of access to Radio Liberty, Voice of America and other international broadcasts, and substantial transgressions in recent parliamentary by-elections and mayoral elections. Mr. Speaker, the most blatant of these took place just a few weeks ago in the city of Mukacheve. These elections witnessed violence, intimidation, fraud and other massive violations both of the electoral code and any standards of civilized human behavior. The mayoral elections have been roundly and rightly criticized by the United States, Europe, and the OSCE. Many observers fear that Mukacheve is a harbinger of things to come. As Chairman of the U.S. delegation to the OSCE Parliamentary Assembly, I join OSCE PA President Bruce George in calling upon Ukrainian President Kuchma to ensure a proper investigation of the violations which took place and to rectify the situation so that the will of the voters is realized. Mr. Speaker, Ukraine remains at a crossroads. Developments with respect to democracy have been discouraging over the last few years. The elections represent a real chance for Ukraine to get back on the road to full respect for the tenets of democracy, human rights and the rule of law. The United States stands in solidarity with the people of Ukraine as they strive to achieve these essential goals. Mr. Hyde (for himself, Mr. Smith, and Mr. Lantos) submitted the following resolution; which was referred to the International Relations Committee: H.Con.Res. 415 Whereas the establishment of a democratic, transparent, and fair election process for the 2004 presidential election in Ukraine and of a genuinely democratic political system are prerequisites for that country's full integration into the Western community of nations as an equal member, including into organizations such as the North Atlantic Treaty Organization (NATO); Whereas the Government of Ukraine has accepted numerous specific commitments governing the conduct of elections as a participating State of the Organization for Security and Cooperation in Europe (OSCE), including provisions of the Copenhagen Document; Whereas the election on October 31, 2004, of Ukraine's next president will provide an unambiguous test of the extent of the Ukrainian authorities' commitment to implement these standards and build a democratic society based on free elections and the rule of law; Whereas this election takes place against the backdrop of previous elections that did not fully meet international standards and of disturbing trends in the current pre-election environment; Whereas it is the duty of government and public authorities at all levels to act in a manner consistent with all laws and regulations governing election procedures and to ensure free and fair elections throughout the entire country, including preventing activities aimed at undermining the free exercise of political rights; Whereas a genuinely free and fair election requires a period of political campaigning conducted in an environment in which neither administrative action nor violence, intimidation, or detention hinder the parties, political associations, and the candidates from presenting their views and qualifications to the citizenry, including organizing supporters, conducting public meetings and events throughout the country, and enjoying unimpeded access to television, radio, print, and Internet media on a non-discriminatory basis; Whereas a genuinely free and fair election requires that citizens be guaranteed the right and effective opportunity to exercise their civil and political rights, including the right to vote and the right to seek and acquire information upon which to make an informed vote, free from intimidation, undue influence, attempts at vote buying, threats of political retribution, or other forms of coercion by national or local authorities or others; Whereas a genuinely free and fair election requires government and public authorities to ensure that candidates and political parties enjoy equal treatment before the law and that government resources are not employed to the advantage of individual candidates or political parties; Whereas a genuinely free and fair election requires the full transparency of laws and regulations governing elections, multiparty representation on election commissions, and unobstructed access by candidates, political parties, and domestic and international observers to all election procedures, including voting and vote-counting in all areas of the country; Whereas increasing control and manipulation of the media by national and local officials and others acting at their behest raise grave concerns regarding the commitment of the Ukrainian authorities to free and fair elections; Whereas efforts by the national authorities to limit access to international broadcasting, including Radio Liberty and the Voice of America, represent an unacceptable infringement on the right of the Ukrainian people to independent information; Whereas efforts by national and local officials and others acting at their behest to impose obstacles to free assembly, free speech, and a free and fair political campaign have taken place in Donetsk, Sumy, and elsewhere in Ukraine without condemnation or remedial action by the Ukrainian Government; Whereas numerous substantial irregularities have taken place in recent Ukrainian parliamentary by-elections in the Donetsk region and in mayoral elections in Mukacheve, Romny, and Krasniy Luch; and Whereas the intimidation and violence during the April 18, 2004, mayoral election in Mukacheve, Ukraine, represent a deliberate attack on the democratic process: Now, therefore, be it Resolved, That the House-- (1) acknowledges and welcomes the strong relationship formed between the United States and Ukraine since the restoration of Ukraine's independence in 1991; (2) recognizes that a precondition for the full integration of Ukraine into the Western community of nations, including as an equal member in institutions such as the North Atlantic Treaty Organization (NATO), is its establishment of a genuinely democratic political system; (3) expresses its strong and continuing support for the efforts of the Ukrainian people to establish a full democracy, the rule of law, and respect for human rights in Ukraine; (4) urges the Government of Ukraine to guarantee freedom of association and assembly, including the right of candidates, members of political parties, and others to freely assemble, to organize and conduct public events, and to exercise these and other rights free from intimidation or harassment by local or national officials or others acting at their behest; (5) urges the Government of Ukraine to meet its Organization for Security and Cooperation in Europe (OSCE) commitments on democratic elections and to address issues previously identified by the Office of Democratic Institutions and Human Rights (ODIHR) of the OSCE in its final reports on the 2002 parliamentary elections and the 1999 presidential elections, such as illegal interference by public authorities in the campaign and a high degree of bias in the media; (6) urges the Ukrainian authorities to ensure-- (A) the full transparency of election procedures before, during, and after the 2004 presidential elections; (B) free access for Ukrainian and international election observers; (C) multiparty representation on all election commissions; (D) unimpeded access by all parties and candidates to print, radio, television, and Internet media on a non-discriminatory basis; (E) freedom of candidates, members of opposition parties, and independent media organizations from intimidation or harassment by government officials at all levels via selective tax audits and other regulatory procedures, and in the case of media, license revocations and libel suits, among other measures; (F) a transparent process for complaint and appeals through electoral commissions and within the court system that provides timely and effective remedies; and (G) vigorous prosecution of any individual or organization responsible for violations of election laws or regulations, including the application of appropriate administrative or criminal penalties; (7) further calls upon the Government of Ukraine to guarantee election monitors from the ODIHR, other participating States of the OSCE, Ukrainian political parties, candidates' representatives, nongovernmental organizations, and other private institutions and organizations, both foreign and domestic, unobstructed access to all aspects of the election process, including unimpeded access to public campaign events, candidates, news media, voting, and post-election tabulation of results and processing of election challenges and complaints; and (8) pledges its enduring support and assistance to the Ukrainian people's establishment of a fully free and open democratic system, their creation of a prosperous free market economy, their establishment of a secure independence and freedom from coercion, and their country's assumption of its rightful place as a full and equal member of the Western community of democracies.
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statement
Presidential Elections Critical to Ukrainian Democracy
Wednesday, May 05, 2004Mr. President, as Co-Chairman of the Helsinki Commission, I submit today a resolution urging the Government of Ukraine to ensure a democratic, transparent and fair election process for the presidential elections scheduled to be held in late October. An identical resolution is being submitted by Chairman of the House International Relations Committee Henry Hyde and my colleague and Chairman of the Helsinki Commission, Representative Chris Smith. I am pleased to note that the Commission's Ranking Member, Mr. Dodd, and the Ranking Member of the Committee on Foreign Relations, Mr. Biden, are original cosponsors of the resolution. The Helsinki Commission, which has long monitored and encouraged human rights, rule of law and democracy in Ukraine, continues to be a stalwart supporter of Ukraine's development as an independent, democratic and market-oriented state. There is a genuine desire in the United States for Ukraine to succeed in this process and for the long-suffering Ukrainian people to fully realize their dreams and aspirations. This resolution, by encouraging fair, open and transparent elections, is a concrete expression of the commitment of the U.S. Congress to the Ukrainian people. The resolution underscores that an election process and the establishment of a genuinely democratic political system consistent with Ukraine's freely-undertaken OSCE commitments is a prerequisite for Ukraine's full integration into the Western community of nations as an equal member, including into NATO. The October elections will be vital in determining Ukraine's course for years to come and they present the Ukrainian authorities with a real opportunity to demonstrate their commitment to OSCE principles and values. Unfortunately, Ukraine's pre-election environment has already been decidedly problematic and of increasing concern to the United States and the international community. During the course of this year I have shared specific concerns with Senate colleagues, particularly in terms of the media. The resolution submitted today focuses squarely on key problem areas, including increasing control and manipulation of the media and attempts by national authorities to limit access to international broadcasting, including Radio Liberty and Voice of America. Among other concerns are the blatant obstacles to free assembly and a free and fair political campaign as well as substantial irregularities in several recent elections. An egregious example of how not to conduct elections was the mayoral election held two weeks ago in the western Ukrainian city of Mukacheve. This election was marred by intimidation, violence, fraud and manipulation of the vote count, electoral disruptions and irregularities. Despite strong evidence indicating that a candidate from the democratic opposition “Our Ukraine” bloc had won, the territorial elections commission announced as winner the candidate of a party led by the head of Presidential Administration, Viktor Medvedchuk. That some of the abuses and violence took place in front of OSCE observers, and that some of the victims of violence were members of the Ukrainian parliament, only underscores the brazenness of these actions. The outlandish conduct of the Mukacheve elections not only casts doubt over their outcome, but when coupled with other recent problematic elections, including in Constituency No. 61 in Donetsk, could be a barometer for the October presidential elections. The resolution I submit today outlines those measures the Ukrainian authorities need to take--consistent with their own laws and international agreements--for a free, fair, open and transparent election process. The Ukrainian authorities at all levels, including the executive, legislative and judicial branches, need to ensure an election process that enables all of the candidates to compete on a level playing field. This includes the various institutions and agencies involved directly or indirectly in the elections process, such as the Central Election Commission, the Ministry of Internal Affairs, Procuracy, the State Security Service (SBU), Tax Administration, as well as the Constitutional and Supreme Courts. Ukraine's October presidential elections should be a watershed for the future direction of that country of great potential. It is abundantly clear that a small clique have a vested interest in perpetuating the outmoded status quo. Ukrainian authorities need to radically improve the election environment if there is to be hope for these elections to meet OSCE standards. The question is whether their perceived self-interest will trump the interest of the people of Ukraine. Having restored the independence of their proud land, the Ukrainian people deserve an opportunity to overcome the legacy of the past, and consolidate democracy, human rights and the rule of law. Mr. Campbell (for himself, Mr. Dodd, and Mr. Biden) submitted the following resolution; which was referred to the Committee on Foreign Relations: S.Con.Res. 106 Whereas the establishment of a democratic, transparent, and fair election process for the 2004 presidential election in Ukraine and of a genuinely democratic political system are prerequisites for that country's full integration into the Western community of nations as an equal member, including into organizations such as the North Atlantic Treaty Organization (NATO); Whereas the Government of Ukraine has accepted numerous specific commitments governing the conduct of elections as a participating State of the Organization for Security and Cooperation in Europe (OSCE), including provisions of the Copenhagen Document; Whereas the election on October 31, 2004, of Ukraine's next president will provide an unambiguous test of the extent of the Ukrainian authorities' commitment to implement these standards and build a democratic society based on free elections and the rule of law; Whereas this election takes place against the backdrop of previous elections that did not fully meet international standards and of disturbing trends in the current pre-election environment; Whereas it is the duty of government and public authorities at all levels to act in a manner consistent with all laws and regulations governing election procedures and to ensure free and fair elections throughout the entire country, including preventing activities aimed at undermining the free exercise of political rights; Whereas a genuinely free and fair election requires a period of political campaigning conducted in an environment in which neither administrative action nor violence, intimidation, or detention hinder the parties, political associations, and the candidates from presenting their views and qualifications to the citizenry, including organizing supporters, conducting public meetings and events throughout the country, and enjoying unimpeded access to television, radio, print, and Internet media on a non-discriminatory basis; Whereas a genuinely free and fair election requires that citizens be guaranteed the right and effective opportunity to exercise their civil and political rights, including the right to vote and the right to seek and acquire information upon which to make an informed vote, free from intimidation, undue influence, attempts at vote buying, threats of political retribution, or other forms of coercion by national or local authorities or others; Whereas a genuinely free and fair election requires government and public authorities to ensure that candidates and political parties enjoy equal treatment before the law and that government resources are not employed to the advantage of individual candidates or political parties; Whereas a genuinely free and fair election requires the full transparency of laws and regulations governing elections, multiparty representation on election commissions, and unobstructed access by candidates, political parties, and domestic and international observers to all election procedures, including voting and vote-counting in all areas of the country; Whereas increasing control and manipulation of the media by national and local officials and others acting at their behest raise grave concerns regarding the commitment of the Ukrainian authorities to free and fair elections; Whereas efforts by the national authorities to limit access to international broadcasting, including Radio Liberty and the Voice of America, represent an unacceptable infringement on the right of the Ukrainian people to independent information; Whereas efforts by national and local officials and others acting at their behest to impose obstacles to free assembly, free speech, and a free and fair political campaign have taken place in Donetsk, Sumy, and elsewhere in Ukraine without condemnation or remedial action by the Ukrainian Government; Whereas numerous substantial irregularities have taken place in recent Ukrainian parliamentary by-elections in the Donetsk region and in mayoral elections in Mukacheve, Romny, and Krasniy Luch; and Whereas the intimidation and violence during the April 18, 2004, mayoral election in Mukacheve, Ukraine, represent a deliberate attack on the democratic process: Now, therefore, be it Resolved, That the Senate-- (1) acknowledges and welcomes the strong relationship formed between the United States and Ukraine since the restoration of Ukraine's independence in 1991; (2) recognizes that a precondition for the full integration of Ukraine into the Western community of nations, including as an equal member in institutions such as the North Atlantic Treaty Organization (NATO), is its establishment of a genuinely democratic political system; (3) expresses its strong and continuing support for the efforts of the Ukrainian people to establish a full democracy, the rule of law, and respect for human rights in Ukraine; (4) urges the Government of Ukraine to guarantee freedom of association and assembly, including the right of candidates, members of political parties, and others to freely assemble, to organize and conduct public events, and to exercise these and other rights free from intimidation or harassment by local or national officials or others acting at their behest; (5) urges the Government of Ukraine to meet its Organization for Security and Cooperation in Europe (OSCE) commitments on democratic elections and to address issues previously identified by the Office of Democratic Institutions and Human Rights (ODIHR) of the OSCE in its final reports on the 2002 parliamentary elections and the 1999 presidential elections, such as illegal interference by public authorities in the campaign and a high degree of bias in the media; (6) urges the Ukrainian authorities to ensure-- (A) the full transparency of election procedures before, during, and after the 2004 presidential elections; (B) free access for Ukrainian and international election observers; (C) multiparty representation on all election commissions; (D) unimpeded access by all parties and candidates to print, radio, television, and Internet media on a non-discriminatory basis; (E) freedom of candidates, members of opposition parties, and independent media organizations from intimidation or harassment by government officials at all levels via selective tax audits and other regulatory procedures, and in the case of media, license revocations and libel suits, among other measures; (F) a transparent process for complaint and appeals through electoral commissions and within the court system that provides timely and effective remedies; and (G) vigorous prosecution of any individual or organization responsible for violations of election laws or regulations, including the application of appropriate administrative or criminal penalties; (7) further calls upon the Government of Ukraine to guarantee election monitors from the ODIHR, other participating States of the OSCE, Ukrainian political parties, candidates' representatives, nongovernmental organizations, and other private institutions and organizations, both foreign and domestic, unobstructed access to all aspects of the election process, including unimpeded access to public campaign events, candidates, news media, voting, and post-election tabulation of results and processing of election challenges and complaints; and (8) pledges its enduring support and assistance to the Ukrainian people's establishment of a fully free and open democratic system, their creation of a prosperous free market economy, their establishment of a secure independence and freedom from coercion, and their country's assumption of its rightful place as a full and equal member of the Western community of democracies.
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speech
OSCE Conference on Anti-Semitism: Introductory Remarks For Session I
Wednesday, April 28, 2004OSCE Conference on Anti-Semitism Introductory Remarks, Session I As prepared for delivery Thank you, Madame Moderator. Excellencies, distinguished guests, ladies and gentlemen, friends, It is my great honor and privilege to address this distinguished body of individuals. Today, here in Berlin, once the epicenter of an obscene policy to eliminate European Jewry, we have gathered together to confront and, to the best of our abilities, vanquish a highly disturbing resurgence of anti-Semitism. I want to thank our German hosts for offering this historic opportunity. We gather against the backdrop of a spike of anti-Semitic violence that has swept through much of the OSCE region, particularly in Western Europe. Unparalleled since the dark days of the Second World War, Jewish communities throughout Europe and North America again are facing violent attacks against synagogues, Jewish cultural sites, cemeteries and individuals. It is an ugly reality that won’t go away by ignoring or by wishing it away. It must be defeated. Even in the eastern portions of the OSCE region, anti-Semitic acts occur in places long devoid of a Jewish presence. This increase in violence is a chilling reminder that our societies still harbor a dangerous collection of bigots and racists who hate Jews. Because of this grim reality, we gather to enlighten and motivate with particular emphasis on what practical steps we must take not just to mitigate this centuries-old obsession, but to crush this pernicious form of hate. At the recent UN Human Rights Commission in Geneva, the representative of the Holy See said anti-Semitism is a “distinct form of intolerance with religious and racial characteristics” and is the “oldest and most continuous form of religious intolerance ever known.” George Washington’s 1790 letter to Touro Synagogue stated clearly that America was to be a place of tolerance for all, and said America “gives to bigotry no sanction, to persecution no assistance.” One year later, France became the first European country to emancipate its Jewish population and offer equal citizenship. More recently, during the horrors of World War II, Chairman-in-Office Passy’s Bulgaria chose not to abandon its Jewish citizens. In the OSCE context, the 1990 Copenhagen Concluding document represented the first time an international body spoke specifically to the crime of anti-Semitism. We hope the results of this Conference will serve as a blueprint for serious and hopefully bold action. Our words here in Berlin, however, must be repeated at home, with frequency, passion and tenacity and matched – and even exceeded – by deeds. If our fight is to succeed, we need government officials at all levels to denounce, without hesitation or delay, anti-Semitic acts wherever and whenever they occur. No exceptions. The purveyors of hate never take a holiday or grow weary, nor should we. Holocaust remembrance and tolerance education must dramatically expand, and we need to ensure that our respective laws punish those who hate and incite violence against Jews. The 18th century British statesman and philosopher Edmund Burke prophetically said “the only thing necessary for evil to triumph is for good people to do nothing.” When national leaders fail to denounce anti-Semitic violence and slurs, the void is not only demoralizing to the victims but silence actually enables the wrongdoing. Silence by elected officials in particular conveys approval – or at least acquiescence - and can contribute to a climate of fear and a sense of vulnerability. For the last two years, President Bush and Members of Congress from both parties have spoken out repeatedly and forcefully. We have tried to do our “due diligence” to know the truth and to decipher trends. At one of our hearings in 2002, for example, the Simon Wiesenthal Center offered compelling evidence that showed that anti-Semitic incidents were increasing significantly in Western Europe, and the Anti-Defamation League reported that more than 1,500 anti-Semitic incidents occurred in the United States in both 2002 and 2003. We decided that more needed to be done. Last summer I, along with my friend and colleague Ben Cardin, sponsored a bipartisan congressional resolution denouncing anti-Semitism. The measure passed (412-0). When I return to Washington later this week, we will introduce another resolution to highlight what we are attempting to do here in Berlin. Furthermore, we partnered with Gert Weisskirchen and members of the OSCE Parliamentary Assembly to address the unprecedented rise of anti-Semitic violence at our Annual Session in 2002. Together, our delegations have organized forums – in Berlin, Washington and Vienna – on anti-Semitism. In both 2002 and 2003, the OSCE PA unanimously approved resolutions condemning anti-Semitism. So, clearly, our words this week are extremely important. I respectfully submit that they must be matched with deeds. Paper promises must be followed with concrete actions. To that end, there is no excuse for not putting in place an aggressive, sustainable monitoring program. Last year’s Maastricht Ministerial Council decision and last week’s Permanent Council decision committed all participating States to collect and keep records on reliable information and statistics on hate crimes, including anti-Semitism. According to a report on “Official Indifference” written by Human Rights First, of fourteen OSCE countries reviewed, nine had no systematic monitoring. A surgeon can’t remove a cancer or prescribe a course of treatment, without documenting the nature, scope, and extent of the disease. We must find out what’s going on! For its part, the United States has been collecting hate crime information for almost 15 years. Many of the 50 states in the U.S. have enacted their own laws addressing hate crimes. Congress passed the federal Hate Crimes Statistics Act in 1990, which requires the Attorney General to collect data each year about crimes that “manifest evidence of prejudice.” The most recent report available, the 2002 Hate Crimes Statistics Report, documented that religious bias motivated 19.1% of all hate crime incidents in the U.S. Of this total, a whopping 65.3% were anti-Semitic in nature. One positive by-product of reporting is the impact it has on police. When solid reporting is coupled with police training fewer acts of anti-Semitic violence are likely to occur. The public sharing of this information at home and with the OSCE enhances accountability and allows interested communities and NGOs to craft and implement strategies. I therefore urge each of us to enhance our monitoring mechanisms and to promptly forward these findings to ODIHR. A top to bottom review of laws, the enforcement of existing laws, and the enactment of new laws will help enormously. When France experienced a particularly high rate of anti-Semitic attacks in 2002, the French enacted a new statute. Mr. Pierre Lellouche, with us here today, was the champion behind these vital reforms. It is hoped that in each of our countries penalties that are commensurate with crimes motivated by anti-Semitic bias will have a chilling effect on those contemplating acts of hate, and surety of punishment for those who do. Finally, if we are to protect our children from the dark evil of anti-Semitism, we must reeducate ourselves and systematically educate our children. While that starts in our homes, the classroom must be the incubator of tolerance. It seems to me that only the most hardened racist can remain unmoved by Holocaust education and remembrance. Only the most crass, evil, and prejudiced among us can study the horrors of the Holocaust and not cry out: Never again! I urge you to consider making your nation a member of the Task Force for International Cooperation on Holocaust Education, Remembrance, and Research. Of the 16 current Task Force members, fourteen are OSCE participating States. Open to all countries willing to meet certain criteria, applicant countries must commit to open all public and private archives, establish some form of Holocaust remembrance, usually a national day of remembrance, and create or improve Holocaust education curricula. In 1991, my home state of New Jersey established the Commission on Holocaust Education to promote Holocaust and genocide education standards throughout my state. The Commission is unique, and perhaps a model for others, as it regularly surveys the status of Holocaust education and the design of curricula to ensure that all schools are teaching about the Holocaust and genocide. The Commission has developed more than 2,000 pages of material to aid New Jersey educators in teaching children about this painful, but important, topic. The New Jersey Commission is an innovative model for other OSCE participating States and local governments to emulate. The Anti-Defamation League’s “A World of Difference” Institute has delivered programs to more than 450,000 American teachers about the Holocaust and intolerance. The Federal Bureau of Investigation, the FBI, partners with the U.S. Holocaust Memorial Museum and the Anti-Defamation League teach new FBI trainees about law enforcement’s role in the 1930s and 40s in abetting the Holocaust. Conducted at the Holocaust Museum, these sessions leave an indelible impression and lead to greater sensitivity and understanding. Abraham Lincoln once said concerning slavery: “To sin by silence when they should protest, makes cowards of men.” Silence my friends is not an option. Nor is inaction. Thank you.
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speech
OSCE Conference on Anti-Semitism: Intervention for Session 1
Wednesday, April 28, 2004OSCE Conference on Anti-Semitism Intervention: Session 1 As prepared for delivery Having just come from Auschwitz, I understand the importance of this Conference and the opportunity today that I have to speak about the urgency of ensuring proper responses by national leaders and government officials to anti-Semitism. Seeing the remains of that factory of intolerance, hate and death, I believe we cannot be reminded enough of the real consequences of not protecting universal human rights in the OSCE region. We must tirelessly work to build understanding between different communities to prevent future acts of prejudice and injustice. I believe the first responsibility in this regard rests with governments and officials, as they can greatly influence the domestic climate for tolerance and respect. This can occur through a variety of ways, foremost when elected and governmental leaders visibly speak out against acts of intolerance. Leaders must make it clear that anti-Semitism is a threat to democracy. Elected leaders like myself are naturally attuned to the will of their constituents. We like to get re-elected. Yet there is a danger of being too differential to populist concerns, what can, in worst-case scenarios, lead to harassment, intimidation and even physical violence. We must therefore provide leadership on issues like anti-Semitism and intolerance and clearly state our beliefs that these sentiments are unacceptable. Collectively, we must raise our expectations for our leaders to be involved. It is a risk worth taking. If we lead with resolve, we can impact the overall health of our societies. In short, we must act courageously and speak out boldly. I am reminded of the actions of Turkish leaders after the horrible Istanbul bombings last November. Not only did Prime Minister Erdogan publicly denounce the two synagogue bombings, but he also met with Jewish leaders, reportedly a first in the history of the Republic. Seeing pictures from the funeral on that rain-drenched day, the caskets were draped with the Turkish flag, an honor normally reserved for soldiers or civilians who paid the ultimate price for their country. The message was unmistakable: despite being a predominantly Muslim country, Turkish leaders made clear this was not an attack on Jews, but rather an attack on Turks who happened to be Jewish, who were victimized because of their religion. Turkey has set an example for us all, and with its bold moves for EU accession and continued to progress toward the improving the treatment of its religious and ethnic minorities, it is working to create government policies that promote tolerance and non-discrimination. I salute the Turkish Government for unequivocally condemning the hateful acts perpetrated against the Jewish community in that country. National and local community leaders clearly have a role to play in speaking out. In the United States, after 9/11, President Bush visited a mosque in Washington, DC, and made clear that those evil acts did not represent Islam. Locally, I similarly met with Muslim leaders in my district in Baltimore, Maryland, after September 11th to show my support for their community. In addition to speaking out against incidents when they occur, we must all ensure our domestic laws can properly deal with these criminal acts. We must ensure law enforcement is doing everything possible to prosecute the perpetrators of these hateful acts. In the OSCE context, many participating States responded to the spike of anti-Semitic violence, recognizing the unacceptability of the trend. The French National Assembly passed laws enhancing penalties for crimes motivated by anti-Semitism. The new laws doubled prison sentences for crimes of a “racist, anti-Semitic, or xenophobic” nature, as well as created special training programs for judges. France backed up its statements with funding, which demonstrates its real commitment, and budgeted serious amounts to improve the security of Jewish community establishments. Other countries are acting as well. The German Bundestag recently issued a resolution denouncing anti-Semitic violence, and in Canada a similar resolution has been introduced. The U.S. Congress has recently funded an ethics center at the U.S. Naval Academy, which is in the district I represent. In another U.S. military initiative, a new generation of military leaders will now visit concentration camps, like Auschwitz, and be inspired to never again allow injustices of this magnitude to occur. Yet even under the most favourable conditions, instances of bigotry can manifest themselves. The question is how can we measure levels of intolerance in our societies? Opinion polls and community surveys can discern inclinations and prejudices, but when dislike transforms into actions of hate and crosses the threshold of criminal acts, we must have mechanisms in place to track these occurrences. I am proud to say that the United States has been monitoring hate crimes and compiling the information into a yearly report since 1990. This enables policymakers to track trends and then develop strategies to address these findings. Without a monitoring mechanism, how can officials intelligently move forward? Without the capability to recognize when communities are being targeted, how can governments provide a credible level of protection for likely victims? I am proud to note that in the OSCE region efforts are underway to increase the tracking of manifestations of anti-Semitism and intolerance in all participating States, and to forward these statistics to ODIHR for compilation and publication. The OSCE Permanent Council just last week came to a consensus decision that all participating States will gather information on crimes related to anti-Semitism or intolerance. I urge all countries to genuinely fulfil this commitment, while also working with NGOs, so that the most complete picture can be obtained. Let us not forget that the burden to monitor and track incidents of anti-Semitism and intolerance rests first with participating States. I therefore trust ODIHR will receive robust support from all OSCE countries, so it can fully execute this task while not sacrificing its good programming in other areas. We should also support collectively strengthening OSCE’s capacity to gather information from each of our participating States, share best practices, and offer help to States in developing effective strategies to fight anti-Semitism. Participating States should strive to implement these commitments as soon as possible, so we can begin to understand the nature of the problem and craft practical solutions. However, collecting data is only a starting point, creating the basis for future action. We must not confuse our efforts here today to be the victory against anti-Semitism. Today’s meeting is historic and a tremendous statement of our resolve to fight this evil, but we will be judged by how we follow up on these discussions and debates. Each of our States must be committed to develop an action strategy to combat anti-Semitism. That strategy should be open to review with regular oversight by parliament. The NGO community must be a resource used by each State. The OSCE’s capacity to assist States in this effort needs to be focused and strengthened. In closing, Mr. Moderator, the first way to promote tolerance is to fight intolerance. By speaking-out forcefully when instances of bigotry and hate arise at home, we can make certain that acts of intolerance will not be entertained or sanctioned. Remembering the horrors of Auschwitz and other grotesque examples of hatred, I genuinely hope States will leave today fully committed to combat intolerance and discrimination. Thank you.
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OSCE Conference on Anti-Semitism: The Role of Government in Combating anti-Semitism in the Media a
Wednesday, April 28, 2004OSCE Conference on Anti-Semitism The Role of Government in Combating anti-Semitism in the Media As prepared for delivery As a Vice President of the OSCE Parliamentary Assembly, I know firsthand that the OSCE plays a unique leadership role in promoting tolerance and respect towards Jews, as it was the first international organization to publicly condemn anti-Semitism. This year’s Conference further reflects the OSCE’s commitment to confronting and combating the seemingly never-ending cycle of hate, violence, and ignorance toward Jews throughout the world. The same ignorance that is passed along from generation to generation in families is running rampant in everyday media today. Whether appearing in a government owned or regulated market, or privately funded media, anti-Semitic comments, cartoons, and articles continue to flourish despite mainstream society’s rejection of anti-Semitism. In embarking on the critical task of curbing anti-Semitism, we must establish realistic and specific goals with real timetables and tools of measurement. Most importantly, we must also be frank with ourselves. Jews and other minorities in Europe and in the Middle East are facing multiple threats coming from various flanks. Old attitudes toward Jews last seen during the Holocaust-era are meshing with a much broader coalition of hate made up of a new breed of persons. Realistically, a solution to the Israeli-Palestinian conflict is not on the immediate horizon. Likewise, there are no current plans for the U.S. and allied forces to disengage from Iraq, and pressure will rightly continue to mount on Middle Eastern countries such as Syria, Iran, and Saudi Arabia, to crack down on terrorism and radicalism within their own borders. If we are to accept that these international predicaments serve as systemic catalysts to increased anti-Semitism, then our solutions should be critical of those governments and societies which allow such hate mongers to manifest themselves through the media and mainstream society. Governments can legislate all they want. We can meet as much as we want. But until it becomes unfashionable in mainstream and specific societies to preach anti-Semitism and other forms of prejudicial discrimination, we will find ourselves in a never-ending cycle of intolerance. As citizens of the world we have come to this place to teach and learn. The challenges are obvious and many. And we have a responsibility to meet them all. I heard here the word “hate” very often. I did not hear the word “love” once. I am not naive enough to believe that we can combat anti-Semitism with love alone. But, talking about and practicing loving our fellow human beings may help us to understand each other.
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Helsinki Commissioners Active at Parliamentary Assembly Winter Meeting
Tuesday, April 20, 2004Approximately 250 parliamentarians from 50 OSCE participating States met February 19-20 in Vienna for the third annual Winter Meeting of the OSCE Parliamentary Assembly. The United States delegation was headed by Rep. Christopher H. Smith (R-NJ), Chairman of the United States Helsinki Commission. Also participating were Ranking House Member Rep. Benjamin L. Cardin (D-MD) and Commissioner Rep. Alcee L. Hastings (D-FL). Former Commission Chairman Rep. Steny H. Hoyer (D-MD) also attended. At the Vienna Meeting, OSCE PA President Bruce George appointed Chairman Smith as his Special Representative on Human Trafficking Issues. Smith will serve as the Assembly’s point person for collecting information on human trafficking in the OSCE region; promoting dialogue within the OSCE on how to combat human trafficking; and, advising the Assembly on the development of new anti-trafficking policies. Over the past five years, Chairman Smith has provided considerable leadership in raising human trafficking concerns within the Assembly. In Congress, Smith sponsored the “Victims of Trafficking and Violence Protection Act,” which enables the U.S. Government to prosecute offenders and provides resources to help victims of trafficking rebuild their lives. Ranking House Member Benjamin L. Cardin, who chairs the Assembly’s Committee on Economic Affairs, Science, Technology and Environment, led a panel discussion on economic challenges and opportunities in the Republic of Georgia following the historic “Revolution of the Roses.” OSCE PA Vice-President and Speaker of the Georgian Parliament, Nino Burjanadze, described her experience as Acting President of the country after the resignation of former President Eduard Shevardnadze following flawed elections in late 2003. Speaker Burjanadze stated emphatically that the revolution was unavoidable and inevitable because corruption had been so overwhelming that it was a threat to Georgia’s national security. She reviewed the steps the new government is taking to combat corruption and strengthen democratic institutions and the rule of law. Joining Burjanadze was Ambassador Roy Reeve, Head of the OSCE Mission in Georgia. The Committee was also addressed by the OSCE Coordinator for Economic and Environmental Activities, Dr. Marcin Swiecicki, and Committee Rapporteur Dr. Leonid Ivanchenko. Commissioner Rep. Alcee L. Hastings, who serves as one of nine Assembly Vice Presidents, held a series of meetings with delegations in Vienna in his bid for the presidency of the OSCE PA that will be decided in elections to take place in early July at the Edinburgh Annual Session. Hastings also met with the leadership of the various political groups -- the Conservatives, Greens, Liberals, and Socialists. He discussed his plans for future development of the Assembly and its relationship with the governmental side of the OSCE. Rep. Hoyer chaired the Assembly’s Ad Hoc Committee on Transparency and Accountability, which discussed ways to further improve relations between the parliamentary and governmental parts of the OSCE, including regular access for Ambassador Andreas Nothelle, Permanent OSCE PA Representative in Vienna, to all OSCE meetings. Discussion also focused on streamlining Assembly declarations of the annual sessions as a means of enhancing the OSCE PA’s influence on the work of the Permanent Council in Vienna. The committee concluded that a limited number of recommendations should be included in forthcoming declarations sent to the PC each year, coupled with a significant reduction in preamble language. Members of the U.S. delegation were also briefed by U.S. Ambassador to the OSCE Stephan M. Minikes and Ambassador Andreas Nothelle on issues of concern in Vienna. A bilateral meeting was held with Head of the French delegation Mr. Michel Voisin and French Ambassador to the OSCE Yves Doutriaux to discuss the recent French ban on wearing headscarves, yarmulkes, crucifixes and other obvious religious symbols in public schools. ODIHR Director Ambassador Christian Strohal discussed human dimension issues, including the future of election observations and budget issues, as well as programs dealing with human trafficking and anti-Semitism. Bulgarian Ambassador and Chairman-in-Office Representative Ambassador Ivo Petrov outlined the CiO’s plan for 2004 and issues around the anti-Semitism program and anti-trafficking initiatives. The delegation was also briefed by Helen Santiago Fink of the OSCE Economic Coordinator’s Office, who addressed the economic dimension of trafficking in persons. Dr. Andreas Khol, President of the Austrian Nationalrat, welcomed the opening of the Winter Meeting for its ability to encourage “intensified dialogue and co-operation between the governmental and parliamentary dimensions of the OSCE.” OSCE Chairman-in-Office Dr. Solomon Passy who is Bulgaria’s Foreign Minister gave his overview of the priorities of the Bulgarian Chairmanship for 2004. Other OSCE officials made presentations, including Chair of the Permanent Council and Representative of the Chairman-in-Office Bulgarian Ambassador Ivo Petrov; Chair of the Forum for Security Cooperation, Coordinator for OSCE Economic and Environmental Activities Ambassador Marcin Swiecicki; OSCE High Commissioner for National Minorities Ambassador Rolf Ekééus; a representative from the office of the OSCE Representative for Freedom of the Media; Director of the Office for Democratic Institutions and Human Rights Ambassador Christian Strohal; and OSCE Secretary General Ambassador Jan Kubis. All presentations were followed by question and answer sessions. Each of the rapporteurs of the three General Committees discussed their draft reports for the forthcoming OSCE PA Annual Session this July in Edinburgh, Scotland. All have focused their reports on the theme for the annual session, “Co-operation and Partnership: Coping with New Security Threats.” The ninth OSCE Prize for Journalism and Democracy was presented to the New York-based NGO Committee to Protect Journalists, represented by Executive Director Ann Cooper. The United States Helsinki Commission, an independent 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 from the Departments of State, Defense, and Commerce.
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Bulgarian Foreign Minister Passy Testifies before Commission
Thursday, April 08, 2004By Orest Deychakiwsky CSCE Staff Advisor The United States Helsinki Commission convened its first hearing of 2004, featuring the testimony of Bulgarian Foreign Minister Solomon Passy early in his tenure in his capacity as Chairman-in-Office of the Organization for Security and Cooperation in Europe. Accompanying Minister Passy were Ambassador Ivan Naydenov, Director of the OSCE section of the Bulgarian Foreign Ministry and personal representative of the Chairman-in-Office; Elena Poptodorova, Ambassador of the Republic of Bulgaria to the United States; and Richard Murphy, Spokesman for the OSCE. Minister Passy, appearing before the Commission on February 26, laid out his goals of implementing OSCE commitments in the war on terrorism, focusing on the human dimension and managing regional conflicts. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) opened the hearing by extending his heartfelt condolences on behalf of Members of the Commission to Minister Passy regarding the tragic death of his colleague and personal friend, President Boris Traikovsky of Macedonia. Passy began his testimony with the question of the relevance and the current role of the OSCE considering the end of the Cold War and the existence of organizations such as NATO, the European Union, and the NATO-Russia Council. The Bulgarian Foreign Minister noted the uniqueness of the OSCE as the only organization providing a comprehensive security model founded on the values of respect for human rights and promotion of democratic institutions. Though less than three decades old, the OSCE has proven its ability to tackle the challenges of conflicts in Eastern Europe, the Balkans, and Central Asia. Notable are the OSCE's efforts to end the civil war in Tajikistan and the secessionist armed conflict in Transdniestria, and rebuilding the war-torn societies in the Balkans. With 18 field missions, the OSCE remains, according to Passy, “the most comprehensive security forum.” Minister Passy stressed that the war on terrorism is one of his top priorities. He focused on issues such as airport security, policing, and secure travel documents as potentially helpful tools in thwarting the spread of terrorism. In order to achieve this goal, the OSCE organized an inter-governmental conference where practitioners and security experts shared their ideas on improving the safety and security of aircraft. The OSCE also launched an Internet-based network, designed to facilitate cooperation between security experts and help match resources with needs. The Chairman-in-Office cited policing as “the perfect OSCE issue, bringing together security and human rights.” He commended American police officers for providing outstanding service in OSCE police reform efforts and their contribution to the establishment of an “accountable police force that is trusted by the population and does not have to resort to brutality or torture to solve crimes.” Minister Passy reaffirmed his commitment to continue the battle against anti-Semitism, racism, and xenophobia, informing the Commission of three important events that will help address these problems which continue to plague many participating States. In April, a conference on anti-Semitism will take place in Berlin, followed by a September conference on tolerance and xenophobia in Brussels. A June meeting in Paris will address the relationship between xenophobic and anti-Semitic propaganda on the Internet and hate crimes. Chairman Smith, strongly supported by Ranking House Commissioner Rep. Benjamin L. Cardin (D-MD), urged Passy to follow up on the Berlin conference with robust action. "'Never again' has to mean 'never again' in all of its vicious manifestations," Chairman Smith proclaimed. On the issue of trafficking in human beings, the Bulgarian Chairman-in-Office focused on the problem of countries of destination. “A firm and persistent police clampdown on the work of traffickers in the Western cities would send a clear message to these criminal gangs that their evil work will not be tolerated,” said Passy. Chairman Smith echoed this sentiment by citing the estimated 18,000-20,000 victims trafficked annually into the United States. Passy also emphasized that the OSCE must undertake a special commitment of prosecuting traffickers -- and anyone else associated with this evil trade -- while treating victims with dignity and compassion. Chairman Smith asked the Bulgarian Foreign Minister to devote special attention to the March parliamentary elections in Georgia, underscoring the importance that these elections be carried out in a free and open manner. Passy commended the OSCE mission in Georgia for doing a remarkable job in monitoring the border with Chechnya and assisting in the destruction of the Soviet stockpiles of ammunition. Smith similarly urged that the OSCE conduct close observation of the upcoming elections in Belarus and Ukraine. He insisted that an open and free media must be allowed to cover the election process and provide access to the voices of the opposition candidates; otherwise, the results of the elections will be predetermined. In response, Minister Passy stressed that the involvement of the OSCE in the election process is indispensable and mentioned his upcoming trip to Ukraine, where he planned to meet with both government officials and the opposition. With regard to Belarus, Chairman Passy stated he “shared the view that the necessary conditions for free elections [need to] be created” and noted that the Office for Democratic Institutions and Human Rights (ODIHR) plans to monitor parliamentary elections expected this Fall. The Chairman-in-Office also noted the OSCE’s determination to end the ongoing conflict between Moldova and the secessionist region of Transdniestria. Mediators held two meetings in Sofia and Belgrade during which the conflicting parties resumed negotiations. Commissioner Cardin posed a question on the possible re-engagement of OSCE activities in Chechnya. Minister Passy stated that during his recent meeting with then-Foreign Minister Ivanov, Russia was the first to address this issue and even suggested a list of concrete projects, the scope and details of which are still being discussed. Passy promised to keep the Commission informed of any related developments. The Bulgarian CIO said he also plans to promote the issue of education throughout the remainder of his year in office. Although it is an issue that has not received much attention in the OSCE, Passy said that “education and training are vital for empowering individuals and groups with the capacity to resolve conflict in a peaceful manner.” The first Supplementary Human Dimension Meeting was devoted to this subject. The hearing concluded with Minister Passy’s personal vision for the future of the OSCE. He called for a stronger focus on OSCE activities in the Caucasus and Central Asia. Additionally, he suggested that the OSCE should reach out to countries beyond its scope, such as Afghanistan and Iraq, which could benefit from the comprehensive security model offered by the OSCE. An unofficial transcript of the hearing is available through the Helsinki Commission’s Internet site at http://www.csce.gov. The United States Helsinki Commission, an independent 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 from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Irina Smirnov contributed to this article.
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Remarks by Chairman Christopher Smith, OSCE Conference on Anti-Semitism
Thursday, April 01, 2004Thank you, Madame Moderator. Excellencies, distinguished guests, ladies and gentlemen, friends, It is my great honor and privilege to address this distinguished body of individuals. Today, here in Berlin, once the epicenter of an obscene policy to eliminate European Jewry, we have gathered together to confront and, to the best of our abilities, vanquish a highly disturbing resurgence of anti-Semitism. I want to thank our German hosts for offering this historic opportunity. We gather against the backdrop of a spike of anti-Semitic violence that has swept through much of the OSCE region, particularly in Western Europe. Unparalleled since the dark days of the Second World War, Jewish communities throughout Europe and North America again are facing violent attacks against synagogues, Jewish cultural sites, cemeteries and individuals. It is an ugly reality that won’t go away by ignoring or by wishing it away. It must be defeated. Even in the eastern portions of the OSCE region, anti-Semitic acts occur in places long devoid of a Jewish presence. This increase in violence is a chilling reminder that our societies still harbor a dangerous collection of bigots and racists who hate Jews. Because of this grim reality, we gather to enlighten and motivate with particular emphasis on what practical steps we must take not just to mitigate this centuries-old obsession, but to crush this pernicious form of hate. At the recent UN Human Rights Commission in Geneva, the representative of the Holy See said anti-Semitism is a “distinct form of intolerance with religious and racial characteristics” and is the “oldest and most continuous form of religious intolerance ever known.” George Washington’s 1790 letter to Touro Synagogue stated clearly that America was to be a place of tolerance for all, and said America “gives to bigotry no sanction, to persecution no assistance.” One year later, France became the first European country to emancipate its Jewish population and offer equal citizenship. More recently, during the horrors of World War II, Chairman-in-Office Passy’s Bulgaria chose not to abandon its Jewish citizens. In the OSCE context, the 1990 Copenhagen Concluding document represented the first time an international body spoke specifically to the crime of anti-Semitism. We hope the results of this Conference will serve as a blueprint for serious and hopefully bold action. Our words here in Berlin, however, must be repeated at home, with frequency, passion and tenacity and matched – and even exceeded – by deeds. If our fight is to succeed, we need government officials at all levels to denounce, without hesitation or delay, anti-Semitic acts wherever and whenever they occur. No exceptions. The purveyors of hate never take a holiday or grow weary, nor should we. Holocaust remembrance and tolerance education must dramatically expand, and we need to ensure that our respective laws punish those who hate and incite violence against Jews. The 18th century British statesman and philosopher Edmund Burke prophetically said “the only thing necessary for evil to triumph is for good people to do nothing.” When national leaders fail to denounce anti-Semitic violence and slurs, the void is not only demoralizing to the victims but silence actually enables the wrongdoing. Silence by elected officials in particular conveys approval – or at least acquiescence – and can contribute to aclimate of fear and a sense of vulnerability. For the last two years, President Bush and Members of Congress from both parties have spoken out repeatedly and forcefully. We have tried to do our “due diligence” to know the truth and to decipher trends. At one of our hearings in 2002, for example, the Simon Wiesenthal Center offered compelling evidence that showed that anti-Semitic incidents were increasing significantly in Western Europe, and the Anti-Defamation League reported that more than 1,500 anti-Semitic incidents occurred in the United States in both 2002 and 2003. We decided that more needed to be done. Last summer I, along with my friend and colleague Ben Cardin, sponsored a bipartisan congressional resolution denouncing anti-Semitism. The measure passed (412-0). When I return to Washington later this week, we will introduce another resolution to highlight what we are attempting to do here in Berlin. Furthermore, we partnered with Gert Weisskirchen and members of the OSCE Parliamentary Assembly to address the unprecedented rise of anti-Semitic violence at our Annual Session in 2002. Together, our delegations have organized forums – in Berlin, Washington and Vienna – on anti-Semitism. In both 2002 and 2003, the OSCE PA unanimously approved resolutions condemning anti-Semitism. So, clearly, our words this week are extremely important. I respectfully submit that they must be matched with deeds. Paper promises must be followed with concrete actions. To that end, there is no excuse for not putting in place an aggressive, sustainable monitoring program. Last year’s Maastricht Ministerial Council decision and last week’s Permanent Council decision committed all participating States to collect and keep records on reliable information and statistics on hate crimes, including anti-Semitism. According to a report on “Official Indifference” written by Human Rights First, of fourteen OSCE countries reviewed, nine had no systematic monitoring. A surgeon can’t remove a cancer or prescribe a course of treatment,without documenting the nature, scope, and extent of the disease. We must find out what’s going on! For its part, the United States has been collecting hate crime information for almost 15 years. Many of the 50 states in the U.S. have enacted their own laws addressing hate crimes. Congress passed the federal Hate Crimes Statistics Act in 1990, which requires the Attorney General to collect data each year about crimes that “manifest evidence of prejudice.” The most recent report available, the 2002 Hate Crimes Statistics Report, documented that religious bias motivated 19.1% of all hate crime incidents in the U.S. Of this total, a whopping 65.3% were anti-Semitic in nature. One positive by-product of reporting is the impact it has on police. When solid reporting is coupled with police training fewer acts of anti-Semitic violence are likely to occur. The public sharing of this information at home and with the OSCE enhances accountability and allows interested communities and NGOs to craft and implement strategies. I therefore urge each of us to enhance our monitoring mechanisms and to promptly forward these findings to ODIHR. A top to bottom review of laws, the enforcement of existing laws, and the enactment of new laws will help enormously. When France experienced a particularly high rate of anti-Semitic attacks in 2002, the French enacted a new statute. Mr. Pierre Lellouche, with us here today, was the champion behind these vital reforms. It is hoped that in each of our countries penalties that are commensurate with crimes motivated by anti-Semitic bias will have a chilling effect on those contemplating acts of hate, and surety of punishment for those who do. Finally, if we are to protect our children from the dark evil of anti-Semitism, we must reeducate ourselves and systematically educate our children. While that starts in our homes, the classroom must be the incubator of tolerance. It seems to me that only the most hardened racist can remain unmoved by Holocaust education and remembrance. Only the most crass, evil, and prejudiced among us can study the horrors of the Holocaust and not cry out: Never again! I urge you to consider making your nation a member of the Task Force for International Cooperation on Holocaust Education, Remembrance, and Research. Of the 16 current Task Force members, fourteen are OSCE participating States. Open to all countries willing to meet certain criteria, applicant countries must commit to open all public and private archives, establish some form of Holocaust remembrance, usually a national day of remembrance, and create or improve Holocaust education curricula. In 1991, my home state of New Jersey established the Commission on Holocaust Education to promote Holocaust and genocide education standards throughout my state. The Commission is unique, and perhaps a model for others, as it regularly surveys the status of Holocaust education and the design of curricula to ensure that all schools are teaching about the Holocaust and genocide. The Commission has developed more than 2,000 pages of material to aid New Jersey educators in teaching children about this painful, but important, topic. The New Jersey Commission is an innovative model for other OSCE participating States and local governments to emulate. The Anti-Defamation League’s “A World of Difference” Institute has delivered programs to more than 450,000 American teachers about the Holocaust and intolerance. The Federal Bureau of Investigation, the FBI, partners with the U.S. Holocaust Memorial Museum and the Anti-Defamation League teach new FBI trainees about law enforcement’s role in the 1930s and 40s in abetting the Holocaust. Conducted at the Holocaust Museum, these sessions leave anindelible impression and lead to greater sensitivity and understanding. Abraham Lincoln once said concerning slavery: “To sin by silence when they should protest, makes cowards of men.” Silence, my friends, is not an option. Nor is inaction. Thank you.
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Statement at the OSCE's Berlin Anti-Semitism Conference
Thursday, April 01, 2004Having just come from Auschwitz, I understand the importance of this Conference and the opportunity today that I have to speak about the urgency of ensuring proper responses by national leaders and government officials to anti-Semitism. Seeing the remains of that factory of intolerance, hate and death, I believe we cannot be reminded enough of the real consequences of not protecting universal human rights in the OSCE region. We must tirelessly work to build understanding between different communities to prevent future acts of prejudice and injustice. I believe the first responsibility in this regard rests with governments and officials, as they can greatly influence the domestic climate for tolerance and respect. This can occur through a variety of ways, foremost when elected and governmental leaders visibly speak out against acts of intolerance. Leaders must make it clear that anti-Semitism is a threat to democracy. Elected leaders like myself are naturally attuned to the will of their constituents. We like to get re-elected. Yet there is a danger of being too differential to populist concerns, what can, in worst-case scenarios, lead to harassment, intimidation and even physical violence. We must therefore provide leadership on issues like anti-Semitism and intolerance and clearly state our beliefs that these sentiments are unacceptable. Collectively, we must raise our expectations for our leaders to be involved. It is a risk worth taking. If we lead with resolve, we can impact the overall health of our societies. In short, we must act courageously and speak out boldly. I am reminded of the actions of Turkish leaders after the horrible Istanbul bombings last November. Not only did Prime Minister Erdogan publicly denounce the two synagogue bombings, but he also met with Jewish leaders, reportedly a first in the history of the Republic. Seeing pictures from the funeral on that rain-drenched day, the caskets were draped with the Turkish flag, an honor normally reserved for soldiers or civilians who paid the ultimate price for their country. The message was unmistakable: despite being a predominantly Muslim country, Turkish leaders made clear this was not an attack on Jews, but rather an attack on Turks who happened to be Jewish, who were victimized because of their religion. Turkey has set an example for us all, and with its bold moves for EU accession and continued to progress toward the improving the treatment of its religious and ethnic minorities, it is working to create government policies that promote tolerance and non-discrimination. I salute the Turkish Government for unequivocally condemning the hateful acts perpetrated against the Jewish community in that country. National and local community leaders clearly have a role to play in speaking out. In the United States, after 9/11, President Bush visited a mosque in Washington, DC, and made clear that those evil acts did not represent Islam. Locally, I similarly met with Muslim leaders in my district in Baltimore, Maryland, after September 11th to show my support for their community. In addition to speaking out against incidents when they occur, we must all ensure our domestic laws can properly deal with these criminal acts. We must ensure law enforcement is doing everything possible to prosecute the perpetrators of these hateful acts. In the OSCE context, many participating States responded to the spike of anti-Semitic violence, recognizing the unacceptability of the trend. The French National Assembly passed laws enhancing penalties for crimes motivated by anti-Semitism. The new laws doubled prison sentences for crimes of a “racist, anti-Semitic, or xenophobic” nature, as well as created special training programs for judges. France backed up its statements with funding, which demonstrates its real commitment, and budgeted serious amounts to improve the security of Jewish community establishments. Other countries are acting as well. The German Bundestag recently issued a resolution denouncing anti-Semitic violence, and in Canada a similar resolution has been introduced. The U.S. Congress has recently funded an ethics center at the U.S. Naval Academy, which is in the district I represent. In another U.S. military initiative, a new generation of military leaders will now visit concentration camps, like Auschwitz, and be inspired to never again allow injustices of this magnitude to occur. Yet even under the most favourable conditions, instances of bigotry can manifest themselves. The question is how can we measure levels of intolerance in our societies? Opinion polls and community surveys can discern inclinations and prejudices, but when dislike transforms into actions of hate and crosses the threshold of criminal acts, we must have mechanisms in place to track these occurrences. I am proud to say that the United States has been monitoring hate crimes and compiling the information into a yearly report since 1990. This enables policymakers to track trends and then develop strategies to address these findings. Without a monitoring mechanism, how can officials intelligently move forward? Without the capability to recognize when communities are being targeted, how can governments provide a credible level of protection for likely victims? I am proud to note that in the OSCE region efforts are underway to increase the tracking of manifestations of anti-Semitism and intolerance in all participating States, and to forward these statistics to ODIHR for compilation and publication. The OSCE Permanent Council just last week came to a consensus decision that all participating States will gather information on crimes related to anti-Semitism or intolerance. I urge all countries to genuinely fulfil this commitment, while also working with NGOs, so that the most complete picture can be obtained. Let us not forget that the burden to monitor and track incidents of anti-Semitism and intolerance rests first with participating States. I therefore trust ODIHR will receive robust support from all OSCE countries, so it can fully execute this task while not sacrificing its good programming in other areas. We should also support collectively strengthening OSCE’s capacity to gather information from each of our participating States, share best practices, and offer help to States in developing effective strategies to fight anti-Semitism. Participating States should strive to implement these commitments as soon as possible, so we can begin to understand the nature of the problem and craft practical solutions. However, collecting data is only a starting point, creating the basis for future action. We must not confuse our efforts here today to be the victory against anti-Semitism. Today’s meeting is historic and a tremendous statement of our resolve to fight this evil, but we will be judged by how we follow up on these discussions and debates. Each of our States must be committed to develop an action strategy to combat anti-Semitism. That strategy should be open to review with regular oversight by parliament. The NGO community must be a resource used by each State. The OSCE’s capacity to assist States in this effort needs to be focused and strengthened. In closing, Mr. Moderator, the first way to promote tolerance is to fight intolerance. By speaking-out forcefully when instances of bigotry and hate arise at home, we can make certain that acts of intolerance will not be entertained or sanctioned. Remembering the horrors of Auschwitz and other grotesque examples of hatred, I genuinely hope States will leave today fully committed to combat intolerance and discrimination. Thank you.
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Statement at the OSCE Conference on Anti-Semitism
Thursday, April 01, 2004As a Vice President of the OSCE Parliamentary Assembly, I know firsthand that the OSCE plays a unique leadership role in promoting tolerance and respect towards Jews, as it was the first international organization to publicly condemn anti-Semitism. This year’s Conference further reflects the OSCE’s commitment to confronting and combating the seemingly never-ending cycle of hate, violence, and ignorance toward Jews throughout the world. The same ignorance that is passed along from generation to generation in families is running rampant in everyday media today. Whether appearing in a government owned or regulated market, or privately funded media, anti-Semitic comments, cartoons, and articles continue to flourish despite mainstream society’s rejection of anti-Semitism. In embarking on the critical task of curbing anti-Semitism, we must establish realistic and specific goals with real timetables and tools of measurement. Most importantly, we must also be frank with ourselves. Jews and other minorities in Europe and in the Middle East are facing multiple threats coming from various flanks. Old attitudes toward Jews last seen during the Holocaust-era are meshing with a much broader coalition of hate made up of a new breed of persons. Realistically, a solution to the Israeli-Palestinian conflict is not on the immediate horizon. Likewise, there are no current plans for the U.S. and allied forces to disengage from Iraq, and pressure will rightly continue to mount on Middle Eastern countries such as Syria, Iran, and Saudi Arabia, to crack down on terrorism and radicalism within their own borders. If we are to accept that these international predicaments serve as systemic catalysts to increased anti-Semitism, then our solutions should be critical of those governments and societies which allow such hate mongers to manifest themselves through the media and mainstream society. Governments can legislate all they want. We can meet as much as we want. But until it becomes unfashionable in mainstream and specific societies to preach anti-Semitism and other forms of prejudicial discrimination, we will find ourselves in a never-ending cycle of intolerance. As citizens of the world we have come to this place to teach and learn. The challenges are obvious and many. And we have a responsibility to meet them all. I heard here the word “hate” very often. I did not hear the word “love” once. I am not naive enough to believe that we can combat anti-Semitism with love alone. But, talking about and practicing loving our fellow human beings may help us to understand each other.
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Helsinki Commission Briefing Highlights OSCE's Military Dimension of Security
Tuesday, March 23, 2004By Bob Hand CSCE Staff Advisor The United States Helsinki Commission held a briefing February 11, 2004 to review the work of the Organization for Security and Cooperation in Europe’s Forum for Security Cooperation, particularly during the period in late 2003 when the United States chaired the FSC. The purpose of the briefing was to gauge how the OSCE is responding to the latest changes in the security environment, such as the war on terrorism, weapons proliferation, and regional conflicts involving OSCE states. The briefing featured James Cox, the Chief Arms Control Delegate of the United States to the OSCE in Vienna. Helsinki Commission Senior Advisor Elizabeth B. Pryor opened the briefing, noting the OSCE’s well-known contribution to security through the promotion of human rights and democratic change. She stressed, however, that the military dimension of the OSCE should not be overlooked. “Measures such as advance notification of troop maneuvers and observation of military exercises have become such a part of our way of interacting that we too frequently take such transparency for granted,” Ms. Pryor stated. Capitalizing on the dramatic changes in Europe in the 1990s, the OSCE “expanded the degree of military openness, then encouraged further reductions in force levels and equipment, and placed military institutions under democratic civilian control.” Mr. Cox began by describing the FSC’s creation in 1992 to respond to military questions in the post-Cold War era, such as the change in force levels and the significant shift in the security environment. Among other things, the Forum has been tasked to establish a web of arms control agreements and confidence- and security-building measures. The FSC also pursues the implementation of these agreements, develops a security dialogue, and considers norms and standards on such politico-military features of security as civilian control of armed forces and adherence to international humanitarian law. The OSCE made crucial steps toward addressing new threats to security and stability in the 21st century when the United States held the FSC chairmanship from September to December of 2003. These steps were taken with the realization that the FSC now must expand beyond the limits of arms control and confidence- and security-building measures. Mr. Cox stressed that the FSC needs to broaden its focus not only to address interstate relations between armed forces of OSCE participating States, but also non-OSCE States. New security threats to the OSCE region include non-state actors, terrorism, proliferation, and organized crime. Under the United States’ chairmanship, the FSC highlighted the proliferation of arms, the control of man-portable air defense systems, and civil-military emergency preparedness. With regard to non-proliferation, the United States hosted a number of speakers to suggest ways to curb the spread of weapons of mass destruction. Effective and comprehensive controls for MANPADS were discussed, highlighting the threat posed by these weapons to civil aviation. The FSC encouraged the participating States to prevent illicit transfers of MANPADS by destroying excess devices. In addition, the EU, NATO, and UN speakers, and others were invited to the FSC to discuss their disaster response procedures. The OSCE’s Document on Small Arms and Light Weapons, or SALW, contains provisions for the destruction of excess MANPADS. The provisions also allows states to request assistance on the security and management of stockpiles, encourage the establishment of border controls in order to reduce the transfer of small arms, and provide for the disposal of light arms. Mr. Cox also discussed initiatives addressing management and destruction of excess stockpiles of ammunition and explosive material, both through better management and destruction. In closing his presentation, Cox asserted that progress has been made in all spheres of European security, but he did not want to leave “too rosy a picture.” The FSC is a consensus body which, by its nature, limits what any one country can achieve and has no enforcement capability. Nevertheless, he stressed that the FSC is useful to the 55 participating OSCE countries because it has norm and standard setting capabilities and provides a forum to discuss issues of national interest. During a question-and-answer period, a question was asked about the stance of FSC participants that may be hiding their weapons and stockpiles. Mr. Cox reiterated that although the FSC has no enforcement capability, its politically binding decisions are to be taken very seriously. Positive developments have occurred with recent requests for clean-up disarmament assistance, including by Belarus. Another issue raised was the failure of Russia to implement commitments adopted at the 1999 Istanbul OSCE Summit with respect to Moldova and Georgia. The Istanbul commitments require Russia to remove troops and arsenals from Moldova and close military bases in the Republic of Georgia. To this day, Russian troops and weapons remain in Moldova and Georgia. Mr. Cox affirmed that these issues are raised in Vienna. A related issue is OSCE peacekeeping. As Cox explained, the notion of OSCE peacekeeping would be difficult to undertake, as the organization lacks the necessary infrastructure to conduct such operations. Compared to NATO forces and European Union efforts to take on these operations, peacekeeping is on the low end of FSC considerations, and there has been no agreement to go beyond the original OSCE language on the matter developed in 1992. In response to a question regarding Russian military conduct in Chechnya, Cox noted that this is usually discussed as a human rights issue at the Permanent Council. He did note, however, initiatives within the military dimension, including a Swedish request to observe a Russian military exercise in Dagestan, neighboring Chechnya, which Moscow denied on security grounds, are addressed in the FSC. Finally, Cox was asked about the focus of the 2004 Annual Security Review Conference. He predicted this second meeting will center on the implementation of counterterrorism measures, including commitments agreed at the Maastricht Ministerial, and further enhancing border security. The first ASRC was held in 2003 to review select issues such as organized crime, arms trafficking, and terrorism. It also encouraged the adoption of biometric standards for travel documents as a means to improve border security. 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 Interns Colby Daughtry and Erin Carden contributed to this article.
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hearing
Helsinki Commission Hearing Reviews Bulgaria’s Leadership of the OSCE
Thursday, February 26, 2004His Excellency Solomon Passy, Foreign Minister of Bulgaria and Chair-in-Office of the OSCE testified in front of the Commission on Security and Cooperation in Europe, chaired by the Honorable Christopher Smith (NJ-04). Passy’s testimony regarded the OSCE’s program for 2004 under Bulgaria’s leadership. Passy stated that implementations of OSCE commitments would top the agenda for Bulgaria’s Chairmanship of the OSCE. The hearing covered the conflict in Chechnya; OSCE efforts to resolve the Transdniestrian conflict and “frozen conflicts” in the Caucasus; OSCE efforts to combat anti-Semitism and human trafficking; the situation in Central Asia; and promoting respect for human rights and democratic values throughout the OSCE region. Passy also spoke about Bulgaria’s experience with its own transition to democracy and its ongoing human rights efforts.
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hearing
The Bulgarian Leadership of the OSCE
Thursday, February 26, 2004This hearing, which Representative Christopher H. Smith presided over, focused on the Bulgarian Chairmanship of the OSCE, which had begun in for January 2004 and would continue for a year. The hearing specifically reviewed the OSCE’s program for 2004 under Bulgaria’s leadership. Solomon Passy, witness at the hearing, said that implementation of OSCE commitments would top the agenda for Bulgaria’s OSCE Chairmanship. Specific issues that attendees discussed included the Chechnyan conflict, OSCE efforts to revoke the Transdniestrian conflict, work to resolve the “frozen conflicts” in the Caucasus, efforts to combat anti-Semitism and human trafficking, the situation in Central Asia, and promoting respect for human rights and democratic values throughout the OSCE region.
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statement
Radio Liberty Stifled in Ukraine
Thursday, February 12, 2004Mr. President, several weeks ago, I addressed the Senate, in my capacity as Co-Chairman of the Helsinki Commission, on critical Presidential elections scheduled to be held later this year in Ukraine. In the latest twist in the lead up to those elections, yesterday Radio Liberty was abruptly informed that its Ukrainian Service programming would be removed from its major radio broadcaster’s FM schedule, beginning February 17. In a press release, RFE/RL President Tom Dine said, "This is a political act against liberal democracy, against free speech and press, against RFE/RL, and shows, once again, that Ukraine's political leadership is unable to live in an open society and is compelled to 'control' the media as if it were the good old days of the Soviet Union." This is not the first time that there has been official Ukrainian pressure to drop RFE/RL broadcasting since September 2001, shortly after the murder of independent journalist Heorhiy Gongadze and the release of secretly-recorded tapes in Ukrainian President Kuchma's office implicating him and other high-ranking officials in the disappearance, corruption, and other dubious actions. Radio Liberty covers these and many issues about life in Ukraine, serving as an objective source of information in a media environment increasingly dominated by these authorities. In the past I have spoken out about Ukraine's troubled pre-election environment, including its media environment. This latest move, together with repressive measures against the democratic opposition and independent media over the course of the last few months, raise profound questions as to whether the October presidential elections will be free, fair, open, and transparent, in a manner consistent with Ukraine's freely undertaken OSCE and other international commitments. Effectively unplugging an important independent source of information does not bode well for democracy in Ukraine.
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statement
Belarusian Authorities Continue to Stifle Democracy
Wednesday, February 11, 2004Mr. President, as Co-Chairman of the Commission on Security and Cooperation in Europe, I want to update colleagues on developments in the Republic of Belarus, a country with the poorest human rights record of any country in Europe today. In the last year, Belarusian dictator Lukashenka's assault on civil society has steadily intensified, with the liquidation of NGOs, violence against opposition activists, and repression of the independent media and trade unions. The situation in Belarus continues its downward spiral with daily reports of growing repression and new human rights violations. Since the beginning of the still relatively New Year, NGOs such as the Belarusian Language Society and the Belarusian Helsinki Committee have experienced increased harassment. The Minsk City Court has ordered the liquidation of the Independent Association of Legal Research. Leaders of the opposition "Five Plus" bloc, who are in Washington this week, were recently detained and searched by customs officials at the Polish-Belarusian border. The officials were reportedly looking for printed, audio or video materials that could "damage the political and economic interests of the country." Human rights activists or independent journalists such as Natalya Kolyada, Nina Davydowskaya, Iryna Makavetskaya, Aksana Novikava and Aleksandr Silitsky continue to be subjected to threats, detentions or heavy fines. Others, including activists of the youth group ZUBR, have been arrested for holding an unauthorized picket demanding a thorough investigation of the disappearances of three democratic opposition members Yuri Zakharenka, Victor Gonchar, Anatoly Krasovsky, and journalist Dmitri Zavadsky. Independent media outlets also continue to feel the wrath of the powers that be, including libel proceedings against Narodnaya Volya, Belarus' largest independent daily; the confiscation of Asambleya, a bulletin of the Assembly of the Belarusian Democratic NGOs; the refusal by the Belarusian Postal Service to distribute the independent newspaper Regionalniye Novosti; the confiscation of copies, in the town of Smorgon, of the independent newspaper, Mestnaya Gazeta; and the censoring of the independent newspaper Volnaya Hlybokaye in the Vitebsk region. Several Jewish cemeteries are being destroyed, Baptist congregations are being fined and Krishna followers detained. In an unusual step, the International Labor Organization, ILO, has established a commission of inquiry, only the eleventh time in the body's 84-year history, to examine violations of trade union rights in Belarus. Meanwhile, the Parliamentary Assembly of the Council of Europe's Committee on Legal Affairs and Human Rights unanimously ratified a report on political disappearances in Belarus. The just-released report severely criticizes the Belarusian authorities, stating that "steps were taken at the highest level of the State actively to cover up the...disappearances" of several high-profile members of the opposition in 1999 to 2000 and that senior Belarusian officials may be involved. Last year I introduced the Belarus Democracy Act of 2003, S. 700, which is designed to help promote democratic development, human rights and rule of law in the Republic of Belarus, as well as encourage the consolidation and strengthening of Belarus' sovereignty and independence. While some might be tempted to dismiss Belarus as an anomaly, the stakes are too high and the costs too great to ignore. It is important for us to stay the course and support Belarus in becoming a genuine European state, in which respect for human rights and democracy is the norm and in which the long-suffering Belarusian people are able to overcome the legacy of dictatorship- past and present. The Belarus Democracy Act, which enjoys bipartisan support, is an important, concrete way to exhibit our support. I urge colleagues to support this measure and look forward to timely consideration of the Belarus Democracy Act.
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statement
Troubling Pre-Election Developments in Ukraine
Tuesday, January 20, 2004Mr. President, as Co-Chairman of the Helsinki Commission and the sponsor of the 2002 Senate-passed resolution urging the Ukrainian Government to ensure a democratic, transparent and fair election process in advance of their parliamentary elections, I find recent developments relating to upcoming presidential elections in Ukraine deeply troubling. Ten months before these critical elections, a constitutional amendment is making its way through the Ukrainian parliament designed to ensure that the current, corruption riddled powers-that-be retain their grip on power, neutralizing the leader of the biggest democratic fraction in parliament and Ukraine’s most popular politician, Victor Yushchenko. The amendment calls for abbreviating the presidential term for the October 2004 elections to two years, with the election of a president by the parliament in 2006, notwithstanding opinion polls indicating that the overwhelming majority of Ukrainians support preserving direct presidential elections. This amendment had been approved by Ukraine’s Constitutional Court in a decision which has led many observers both within and outside of Ukraine to question the independence of the Court. The Court’s decision a few weeks ago to allow President Kuchma to run for a third term - despite the 1996 constitution’s two-term limit, has only raised more questions. Media repression continues, including the issuance of directives sent to media by the Presidential Administration on what and how issues and events should be covered, especially in the electronic media. A recent Freedom House report concludes that "the current state of affairs of Ukraine’s media raises serious questions as to whether a fair and balanced electoral contest can be held." Newspapers critical of the authorities are subjected to various methods of repression, including attacks against journalists, arrests of publishers, "special attention" via tax inspections, administrative controls over distribution and pressure on advertisers. Mr. President, at the same time, administrative measures are being taken to prevent lawful political activity, the starkest example of which was the disruption - instigated by the authorities - of a national congress of the Yushchenko-led Our Ukraine bloc in Donetsk last November. Most recently, a presidential decree dismissed the elected Our Ukraine mayor of Mukachevo - despite a ruling by the Supreme Court which confirmed that he had been elected in a legitimate way. In a telling twist, an acting mayor from the political party led by the head of the Presidential Administration, Victor Medvedchuk, has been installed. As Co-Chairman of the Helsinki Commission, I share the concern of colleagues on both sides of the aisle that the presidential election in Ukraine scheduled for October be free, fair, open and transparent and conducted in a manner consistent with Ukraine’s freely-undertaken commitments as a member of the Organization for Security and Cooperation in Europe (OSCE). The Helsinki Commission, consistent with our mandate to monitor and encourage compliance with OSCE agreements by all participating States, will continue to follow the situation in Ukraine closely. Mr. President, I ask unanimous consent that the text of a recent Washington Post editorial on troubling pre-election developments in Ukraine be included in the Record. Thank you, Mr. President. There being no objection, the material was ordered to be printed in the Record, as follows: [From the Washington Post, Jan. 12, 2004] A Resolution for Ukraine According to Secretary of State Colin L. Powell, the Bush administration's first foreign policy resolution for 2004 is "to expand freedom." And not only in Iraq and the Middle East: In an op-ed article published in the New York Times, Mr. Powell promised to support "the consolidation of freedom in many new but often fragile democracies . . . in Latin America, Europe, Asia and Africa." We hope that support will extend beyond the rhetoric that too often has substituted for genuine democratic advocacy during President Bush's first three years, and that it will be applied even where the United States has interests that make toleration of autocracy tempting. One region where such U.S. engagement, or its absence, might prove decisive is the band of former Soviet republics to the west and south of Russia. Several are struggling democracies; others are ruled by autocrats. Almost all are under threat from Moscow's resurgent imperialism. As the tiny state of Georgia recently demonstrated, democracy is the best defense against Russian President Vladimir Putin's attempts to create a Kremlin-dominated sphere of influence. Countries that have held free and fair elections have tended to gravitate toward strengthening their independence and seeking good relations with the West, while unstable autocrats are more likely to yield to Mr. Putin. The country closest to a tipping point may be Ukraine. Like Russia, Ukraine has an electoral democracy tainted by corruption and strong-arm tactics and an economy warped by clans of oligarchs. Much of its population, however, aspires to integration with the West. President Leonid Kuchma has been linked to corruption and serious human rights violations. In recent months he has been moving steadily closer to Mr. Putin, allowing a Russian takeover of much of Ukraine's energy industry and signing an economic integration treaty. Now Mr. Kuchma appears to be looking for ways to curtail Ukraine's democracy so that he can prolong his own hold on power when his term expires this year. Last month his allies in Parliament pushed through the first draft of a constitutional amendment that would cut short the term of the president due to be elected in October and provide that future presidents be chosen by Parliament, where Mr. Kuchma's forces retain control. Then the judges he appointed to the Supreme Court ruled that the constitution's two-term limit does not prevent Mr. Kuchma from serving again. The president's cronies protest that they are only moving the country toward a more parliament-centered system, and Mr. Kuchma coyly says he has not "yet" decided to seek another term. But the effect of his moves would be to neutralize the country's most popular leader, Viktor Yushchenko, who, polls say, would win the next presidential election if it were fairly held. More than Mr. Kuchma's quest for continued power is at stake. Mr. Yushchenko is popular precisely because he is associated with those Ukrainians who seek to consolidate an independent democracy and move the country toward integration with Europe. Mr. Putin surely will be sympathetic to Mr. Kuchma's subversion of the system. The question is whether the Bush administration will work with Western Europe to mount an effective counter. Freedom could be consolidated this year in Ukraine or slip away. The outcome may just depend on how well Mr. Powell keeps his resolution.
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article
Strong Substance, Potent Politics Mark Historic Maastricht OSCE Ministerial Council
Friday, January 16, 2004By Elizabeth B. Pryor, CSCE Senior Advisor The Organization for Security and Cooperation in Europe (OSCE) once again demonstrated its ability to promote candid political discussion and take prescient decisions when the Eleventh OSCE Ministerial Council met December 1-2, 2003. The meeting took place in Maastricht, the Netherlands, capping the Dutch chairmanship of the OSCE, under the leadership of Foreign Minister Jaap de Hoop Scheffer. Ministers and other senior officials from the 55 OSCE states engaged in extensive consultations and approved an impressive array of action programs and strategic initiatives. Members of the OSCE Parliamentary Assembly, including Helsinki Commissioner Rep. Alcee L. Hastings (D-FL), and representatives of OSCE partner states and other affiliated organizations joined them. Secretary of State Colin Powell led the United States delegation. The Ministerial meeting was historic, not only for the quantity and quality of the decisions it took, but because it signaled a move away from defining the organization solely on the basis of broad formalized statements. The flexibility of the organization was also on display. When one participating state threatened a veto on jointly agreed political positions, the Chairman and other members turned it into an opportunity to forcefully reiterate their determination to see conflicts resolved through the standards set in OSCE agreements. They also intensified the pressure to fulfill previously taken commitments. The result was a stronger expression of collective political will than might have been made in a compromise document. By moving beyond the predictable rhetoric of a communiqué, the OSCE underscored its own political vitality and the unique platform it offers for frank debate and creative political action. The Maastricht Ministerial took place in the wake of Georgia’s "Revolution of the Roses" and was attended by the Acting President of Georgia, Nino Burjanadze. That situation, and growing concern over disputes in the Transdniestria region of Moldova, produced frank comments from the Ministers, opening the way for real dialogue on the issues and an expression of international concern that was impossible to ignore. Secretary Powell was among those who used the unconstrained OSCE stage to address issues directly. He cautioned that no support would "be given to breakaway elements seeking to weaken Georgia’s territorial integrity" and called for international support for the new elections to be held January 4, 2004. The European Union, and Dutch OSCE Chairman echoed this, voicing their own warnings against interference in Georgia’s democratic development. The Chairman also strongly reasserted the OSCE’s role in deliberations over the political future of Transdniestria. He was joined by many of the Ministers, who took exception to Russian efforts to broker an inequitable accord outside of the internationally coordinated mediation process. While applauding some progress on arms reductions by Russia in Transdniestria, the U.S. delegation, as well as many others, spoke forthrightly of the need to fulfill all provisions of the 1999 Istanbul agreement which called for the complete withdrawal of Russian forces from Moldova. Even when given an extension to withdraw by December 31, 2003, no progress has been made. The exchange also gave Russia the opportunity to express its viewpoint: that ratification of the revised Treaty on Conventional Armed Forces in Europe (CFE) was being held up over the implementation of the Istanbul commitments and that the collapse of its diplomatic initiative in Moldova would delay any chance of reaching a settlement. The initiatives unanimously agreed by the Ministers reflect the OSCE’s dedication to strong standard setting and innovative yet practical solutions for entrenched problems. The decisions taken on security issues continue OSCE’s long tradition of crafting action-oriented agreements with low political cost and long-term stabilizing effects. The development of more secure travel documents, export controls on portable air defense systems, "best practices" for the transfer of small arms and new measures for the destruction of stockpiles of ammunition are among the most robust set of security decisions taken in recent years by any international organization. The United States welcomed these decisions and praised the OSCE’s work as an example of effective multilateralism. These concrete action programs were coupled with a comprehensive strategy for addressing the changing security environment of the 21st century. The holistic OSCE approach to stability is evident in this document, which encompasses everything from arms control to environmental concerns and fighting corruption. "The [Helsinki] Final Act tells us that lasting security requires not just respect for the sovereignty of states, but also respect for the integrity of human beings," noted Secretary Powell in Maastricht. In keeping with this integrated approach to security, the OSCE agreed to a strategic roadmap for tackling the difficult problem of trafficking in human beings. The OSCE Action Plan is the most detailed blueprint devised by any international organization; in Maastricht Ministers decided to appoint a Special Representative to ensure that its provisions are carried out. In addition, the OSCE approved a comprehensive policy for improving the situation of Roma and Sinti, the first of its kind in the region. They also strengthened their commitment to an enhanced economic and environmental work plan. In a matter of particular interest to numerous Helsinki Commissioners, the Maastricht Ministerial formally welcomed the offer by Germany to host a conference on anti-Semitism in Berlin. Belgium will host a meeting on racism, xenophobia and discrimination. In a letter to Secretary Powell in the lead up to the ministerial, Commissioners urged U.S. leadership in securing agreement on the German proposal as well as other areas of particular concern, including disturbing developments in Turkmenistan, Chechnya, Belarus and severe limitations placed on minority religious communities in some parts of the region. "The United States’ leadership is essential to secure consensus on initiatives on combating anti-Semitism and racism; human trafficking; internally displaced persons; corruption and international crime; cooperation with the ICTY; withdrawal of foreign forces from Moldova; and the Annual Security Review Conference," Commissioners wrote. Ministers also addressed the wider sharing of OSCE norms, principles and commitments with others, pledging to identify additional fields of cooperation and interaction with OSCE Mediterranean and Asian Partners for Cooperation. 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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Parliamentary Assembly Convenes on Religious Freedom, Mediterranean Issues
Friday, December 19, 2003By Chadwick R. Gore, CSCE Staff Advisor and H. Knox Thames, CSCE Counsel More than 160 parliamentarians from 49 participating States took part in the 2003 Organization for Security and Cooperation in Europe Parliamentary Assembly's (OSCE PA) Conference on Religious Freedom (October 9-10) and Parliamentary Forum on the Mediterranean (11 October) held in Rome at the invitation of the Italian Chamber of Deputies. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) led the United States delegation comprised of Commission Ranking Member Rep. Benjamin L. Cardin (D-MD), Chairman of the OSCE PA Committee on Economic Affairs, Science, Technology and Environment, Commissioner Rep. Joseph R. Pitts (R-PA), Commissioner Rep. Alcee L. Hastings (D-FL), one of the OSCE PA Vice Presidents, and Rep. JoAnn Davis (R-VA). Conference on Religious Freedom The OSCE PA and the Italian Parliament hosted parliamentarians from across the OSCE region for two days in the Italian Chamber of Deputies to discuss and debate the importance of religious freedom. Mr. Pier Ferdinando Casini, President of the Italian Chamber of Deputies, opened the conference, followed by welcoming remarks from Mr. Bruce George, President of the OSCE PA and from Mr. Marcello Pacini, President of the Italian Delegation to the OSCE PA. Three sessions were held during the conference, each focusing on a different aspect of religious liberty. The first session on the Law and Politics of Religious Freedom, and the second session on Religious Tolerance in Pluralistic Societies, both addressed germane issues facing parliamentarians throughout the region. Presenters spoke of the need to create legislation to protect minority religious groups and to combat intolerance through education. Experts also noted that if religious communities cannot enjoy religious freedom, then individual members also lose that freedom. For instance, official government status for religious groups must be equally accessible for all, without any major obstacles, and groups should not have to complete more requirements than other civic organizations. In short, fundamental rights should not be curtailed due to the size or age of a religious community. On the second day of the conference, Chairman Smith gave a keynote address during the Round Table on Religious Freedom and Democracy, in which he stated that "religious liberty, in my view, is the single most tangible reason why America has prospered in so many ways. Our strength isn't in our military might or even in our economy but in our collective faith." Chairman Smith continued, discussing the importance of fighting for human rights. "Some say to intervene is to be a nuisance. Some say we are arrogant. Let me note here, none of these criticisms could be further from the truth. We did it...because human rights are universal and cannot be abridged by selfish and cruel policies. We took bold action because we were inspired to act by brave individuals like Pastor Richard Wurmbrand of Romania, Alexander Solzhenitsyn of Russia, Armando Valladares of Cuba, Yuri Kosharovsky or Natan Sharansky, and Bishop Su of China. They never quit nor tired in their opposition to tyranny. Can anyone of us do less? Especially when we are the lawmakers?" The conference was also addressed by expert speakers including Abdelfattah Amor, Special UN Rapporteur for Religious Freedom, as well as Silvio Ferrari and Brigitte Bas-devant-Gaudemet, Members of the European Consortium for Church and State. Conference participants attended a special audience with Pope John Paul II. In his statement, the Pope said, "When States are disciplined and balanced in the expression of their secular nature, dialogue between the different social sectors is fostered and, consequently, transparent and frequent cooperation between civil and religious society is promoted, which benefits the common good." He concluded with a challenge to the parliamentarians saying, "the respect of every expression of religious freedom is therefore seen to be a most effective means for guaranteeing security and stability within the family of Peoples and Nations in the twenty-first century." Parliamentary Forum on the Mediterranean The second OSCE PA meeting in Rome focused on strengthening security in the Mediterranean and developing the OSCE Mediterranean Dimension. The Parliamentary Forum followed up on the outcomes of last year's OSCE PA Fall Conference in Madrid on ensuring peace, democracy and prosperity in the Mediterranean. There has been a Mediterranean dimension of the Helsinki process from the outset. Throughout the negotiations that preceded and produced the Helsinki Final Act in 1975, issues relating to the Mediterranean were discussed. The result was a section of the Final Act entitled "Questions relating to Security and Cooperation in the Mediterranean." Under the rubric of "non-participating Mediterranean countries," Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Syria and Tunisia contributed to relevant discussions in the security dimension. These discussions were held in recognition of the relationship between security in Europe and in the Mediterranean region. The Mediterranean dimension of the OSCE was reconstituted in the mid-1990s under the designation "Mediterranean Partners for Cooperation." Countries included were Algeria, Egypt, Israel, Morocco and Tunisia. Jordan subsequently joined as a partner. All six were represented in Rome. In opening the forum, OSCE PA President Bruce George expressed his belief that "there is a growing awareness in the OSCE that only a free, democratic, prosperous and undivided Europe will be able to promote security, stability and prosperity in the adjacent area." He also noted that European security will benefit from positive developments in other regions, including the Mediterranean. During the session on Strengthening Security in the Mediterranean, Italian Minister for Foreign Affairs Franco Frattini pointed out that the countries of the southern Mediterranean--Islamic countries--have confidence in Italy and her objectives for trade and peace in the region. The emphasis among these states today must be in rooting out and eliminating terrorism, as "terrorism is the enemy of peace, and the negation of dialogue." He also emphasized that "immigration is a European issue, not a national issue" when calling for a joint solution to the problems of illegal immigration. "EU immigration policy should focus on developing non-EU countries so people stay in those countries, and so people do not come, have no need to come, to EU." There was a general discussion that included the suggestion that a regional Mediterranean Center for Conflict Prevention be established. This was in conjunction with some comments asserting that the United States was more concerned about U.S. national security than regional security issues around the globe, including in the Mediterranean. Proponents suggested such a center would allow the States of the region to function in this arena of security without dependence on the United States. During the session on Developing the OSCE Mediterranean Dimension a general discussion--some would call it an argument--about the Israel/Palestinian situation took place. Members of the delegations of Mediterranean Partner States Tunisia and Egypt said that while Palestinian claims and concerns have a firm historical and geographical basis, they are given short shrift in the considerations of the West. Instead, the West and Israel should give the Palestinians concrete details and specifics about the creation of a Palestinian state, should accelerate the Road Map calendar, and set conditions for the violence to cease. Most of all, they said, the United States needs to be visibly engaged and committed to the process. Many felt that the Quartet (the United States, Russia, the European Union and the United Nations) should consult with the Arab states Egypt, Jordan and Saudi Arabia, and some felt that Arabs should take the initiative reflecting a recent Saudi proposal. During concluding remarks, President George made note of the fact that the Mediterranean Partners were, for the first time, seated in alphabetical order among the other attending participating States as signs that all are trying to work more closely with each other and the Mediterranean States are to be dealt with as equals. Other prominent speakers included: Cesare Salvi, Deputy President of the Italian Senate; Jan Kubis, OSCE Secretary General; and Christian Juret, Diplomatic Advisor of the EU Representative for the Middle East. On October 3, 2003, the Helsinki Commission held a briefing on human rights and democracy in the six Mediterranean Partners for Cooperation. The transcript is available on the Helsinki Commission website at www.csce.gov. 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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Commission Hearing Looked Ahead to Maastricht Ministerial
Wednesday, December 03, 2003By Michael Ochs CSCE Staff Advisor The United States Helsinki Commission held a hearing on September 9, 2003 reviewing United States policy toward the Organization for Security and Cooperation in Europe (OSCE). The hearing considered the many security, economic, and humanitarian challenges facing the United States, and how the 55-member nation organization can be best utilized to address these challenges. Testifying for the State Department were A. Elizabeth Jones, Assistant Secretary for European and Eurasian Affairs, and Lorne W. Craner, Assistant Secretary for Democracy, Human Rights and Labor, and Helsinki Commission Member. In his opening statement, Helsinki Commission Chairman, Rep. Christopher H. Smith (R-NJ) emphasized the important role the OSCE plays in promoting American security abroad. "The explicit and implicit connection between security and human rights, the fulcrum of the Helsinki process," he said, "has been at the center of U.S. thinking and policy since the day almost exactly two years ago when religious fanatics flew airplanes into the World Trade Center and the Pentagon." At the same time, he bemoaned the lack of democratic progress throughout much of the former USSR. Particularly in Central Asia, he said, "It becomes more and more difficult to harbor expectations that the future will be better or much different than the past or even the present." Helsinki Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) expressed his appreciation to the State Department and executive branch for their willingness to work with the Commission over the years. Mr. Cardin particularly lauded the work of Ambassador Stephan M. Minikes, head of the U.S. Mission to the OSCE, whose efforts, he said, helped to form a unified agenda with Congress in the OSCE. He also expressed his appreciation to the State Department, later echoed by Chairman Smith, for arranging a visit by the Commission to Guantanamo Bay that allowed Commissioners to respond to concerns raised by the OSCE Parliamentary Assembly regarding humanitarian standards for detainees. In her remarks, Assistant Secretary Jones noted two particular OSCE successes during the past year that were the result of U.S. efforts: the Vienna Anti-Semitism Conference and the new, annual Security Review Conference. She also identified the adoption of the Anti-Trafficking Action Plan as a positive development. Secretary Jones listed several priorities for the OSCE Maastricht Ministerial, including progress on Russia's Istanbul commitments; mandating the 2004 Berlin Anti-Semitism Conference; and, addressing the pressing problems, discussed at the Security Review Conference, of travel document security and Man Portable Air Defense systems (MANPADs). Secretary Jones identified several broad areas where the OSCE particularly serves U.S. interests: human rights and democracy promotion; conflict prevention and conflict resolution; and trans-national issues, such as human trafficking, anti-Semitism, racism and xenophobia, the rights of the Roma, refugees, and internally displaced persons. The United States, she said, also hoped to enhance the OSCE's police training capabilities "not only to step up anti-crime capabilities, but to deal with the human rights concerns that are related to the way police deal with civil society." Assistant Secretary Craner began on a positive note, identifying encouraging signs throughout the region. "In a majority of the OSCE countries," he said, "we see growing and increasingly vibrant civil society groups advocating for peaceful change. The rule of law is being bolstered as countries move the administration of prisons under the auspices of the ministry of justice, and guards receive training to respect international standards." He added, however, that there are also areas of both stagnation and backsliding in the OSCE region, all the more troubling given the numerous regional successes. "It is most disheartening," he said, "for the people of those countries who see other nations which have emerged from the Soviet empire now joining NATO and the EU and enjoying the fruits of democracy. Meanwhile, some governments remain authoritarian or unwilling to move beyond the old struggles and practices." Secretary Craner noted troubling signs for democratization efforts throughout the former Soviet Union. Central Asian states, he said, had made little progress. Upcoming presidential elections in Ukraine would seriously affect U.S. attitudes toward that country's suitability for integration into Euro-Atlantic and European institutions. The Russian parliamentary elections in December are showing some troubling signs, while holding legitimate presidential elections in Chechnya would be extremely difficult, given the security situation there. He said, however, that such elections could potentially contribute to the end of that conflict. Chairman Smith noted his pleasure that the sanctions list, established by the Trafficking Victims Protection Act of 2000 which he sponsored, which groups countries into three tiers based on their action on the issue of human trafficking would be released the week of the hearing. He also welcomed the U.S. military's initiatives against trafficking in South Korea and hoped for similar progress in the Balkans. Secretary Craner agreed that countries were taking the sanctions law seriously, and both witnesses stated that the U.S. and British militaries were taking strong action on trafficking issues. Smith and Jones emphasized that the pressure was not off countries that made it out of the bottom tier. On the former Yugoslavia, Assistant Secretary Jones described gradual progress at the International Criminal Tribunal for the former Yugoslavia and improved cooperation from the government in Belgrade. "The list [of war criminals] is being reduced," she said, "but it is not done yet." Commissioner Cardin, however, noted that the patience of the international community was coming to an end. Both agreed that the political leadership in Serbia seems to want to do the right thing, but needs help from the United States to reinforce their efforts. On issues of property restitution, Secretary Jones assured the Commissioners that when she travels to pertinent countries, the issue is always on the agenda and explained that the United States has had considerable success convincing governments to take action on a bilateral basis. She also agreed with Representative Cardin that poverty and corruption make democratic development more difficult. She said that the United States would try to attack the issue through the OSCE by working hard on corruption. Commissioner Cardin brought attention to the United States' efforts in the OSCE's Parliamentary Assembly to create a mechanism extending Helsinki principles to the OSCE's Mediterranean Partners. Assistant Secretaries Jones and Craner said that the administration supported the goal but was uncertain whether the best way to accomplish it was directly through the OSCE or through a new, OSCE-like institution. Chairman Smith then focused on the importance of "naming names" in the OSCE. He said that "one of the most vital aspects of the Helsinki process was specifically naming names" and "holding people to account," but he noted a curious reluctance to do so in the last ten years. Assistant Secretary Craner stated that the United States had indeed "named names" with regard to the situation in Belarus. The United States sponsored a resolution at the UN Commission on Human Rights putting Belarus in a category with countries like Turkmenistan and North Korea. Assistant Secretary Jones admitted that it was difficult to influence President Lukashenka of Belarus but said there were still elements of civil society in Belarus, activists in the Belarusian body politic, and free media that needed outside moral support. Finally, Chairman Smith raised the issues of Chechnya and missing persons in the Balkans. Assistant Secretary Jones said that Chechnya was on the agenda for the Camp David summit between Bush and Putin in late September . She also indicated that the OSCE was negotiating with Russia to define a role for the organization in that conflict, ideally getting a mission back on the ground. On the Balkans, Secretary Craner said that the United States was actively pressing governments bilaterally and through the OSCE to account for the fate of missing persons. He also highlighted the United States' support for the International Commission for Missing Persons, which is engaged in the painstakingly slow process of DNA identification. Lastly, Secretary Jones assured the Commissioners that the United States was not merely paying lip service to the concerns of minorities in Kosovo. She said, "It is a tough issue, but it nevertheless is a critical one in our policy of standards before status." 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 Kevin Angle contributed to this article.
Wednesday, June 30, 2004