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Chairman Hastings Applauds Release of JUST Act Report on Assets Wrongfully Seized During Holocaust Era

Wednesday, July 29, 2020

WASHINGTON—Following today’s release of the JUST Act report by the U.S. Department of State, pursuant to legislation passed by Congress in 2017 and signed into law in 2018, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement:

“I applaud the State Department officials in embassies around the globe who have contributed to the reporting on this complicated and deeply compelling issue and the ongoing work of the Office of Holocaust Issues.

“The matters covered in this report—restitution of communal and religious properties, compensation for stolen private property, rightful ownership of looted artwork, and access to archives—are among the most challenging we have faced.

“This report not only seeks ways to address ‘one of the largest organized thefts in history,’ but also reminds us that these thefts were essential elements of the crime of genocide, depriving the victims of the very means of survival. Most importantly, the report demonstrates that, with requisite political will, progress can be made even after the passage of a great deal of time.”

In 2017, Congress passed the Justice for Uncompensated Survivors Today (JUST) Act, which required the State Department to provide a one-time report to Congress to assess the national laws and policies of countries relating to the identification of, return of, or restitution for assets wrongfully seized during the Holocaust era.

In July 2019, the Helsinki Commission hosted a briefing on truth, reconciliation and healing, where expert panelists reviewed lessons learned and discussed ways to heal and reunify societies divided by war, genocide, hierarchal systems of human value, and other tragedies stemming from extreme nationalism, racism, anti-Semitism, and other forms of ethnic and religious discrimination.

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Stacy Hope
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Benjamin Cardin, who has advocated greater Russian recognition of the atrocities, said there can be no justification for the murder of innocent people. "I think trying to rationalize the massacre in any way is unwarranted. You can't justify that under any scenario. It was senseless and there was no just cause. Those are the facts," Cardin, who chairs the U.S. Helsinki Commission, told The Associated Press. Earlier on Tuesday, Putin offered a gesture of reconciliation to Poland by becoming the first Russian leader to ever commemorate the Katyn massacres with a Polish leader. He said earlier in the day that the two nations' "fates had been inexorably joined" by the atrocities. The 22,000 Polish officers, prisoners and intellectuals were massacred by Stalin's secret police in 1940 in and around Katyn, a village near Russia's border with Belarus. During the ceremony, Putin also offered what appeared to be his harshest condemnation of Stalin's rule to date on Tuesday, saying: "In our country there has been a clear political, legal and moral judgment made of the evil acts of this totalitarian regime, and this judgment cannot be revised." But his speech stopped short of offering any apology to Poland or calling the massacres a war crime, as some officials in Poland and the United States had urged him to do. Also, while giving the go-ahead to a joint historic commission on the matter, Putin gave no concrete pledge that all Soviet archives documenting it would finally be unsealed. Tusk used his emotional speech about the Polish victims to push Putin on this point. "Prime minister, they are here. They are in this soil. The eye sockets of their bullet-pierced sculls are looking and waiting to see whether we are able to transform violence and lies into reconciliation," Tusk said. But at an evening news conference, Putin said Russia already has disclosed everything except for the perpetrators' names, which are being kept secret out of "humanitarian" regard for their surviving relatives. Putin also said Russian people should not be blamed for the atrocities at Katyn. "For decades, attempts have been made to cover up the truth about the Katyn executions with cynical lies, but suggesting that the Russian people are to blame for that is the same kind of lie and fabrication," he said. For half a century, Soviet officials claimed that the mass executions had been carried out by Nazi occupiers during the Second World War. But the Soviet Union under Mikhail Gorbachev's rule admitted in 1990 that the crimes had been committed by Stalin's NKVD secret police, a precursor to the KGB. The disclosure opened the floodgates of historical consciousness across the Soviet Union, speeding its demise as nations across the Eastern bloc awoke to the horrors of the Soviet regime and sought independence. As recently as December, Putin resisted a broad denunciation of Stalin's reign. He told a call-in show with the Russian public that it was "impossible to make an overall judgment" against Stalin because he had industrialized the nation and played a key role in defeating the Nazis. Russia also has clashed with its neighbors in Eastern Europe over what it has perceived as offenses to the legacy of Stalin and the Red Army. The relocation of a Soviet war memorial in Estonia in 2007 was met with a bristling reaction from Moscow, as was a resolution made by European lawmakers in 2009 equating Stalinism and Fascism. Putin's meeting with Tusk seems to be part of a broader Kremlin effort to avoid similar confrontations and improve ties with Europe. President Dmitry Medvedev wrapped up a two-day visit to Slovakia on Tuesday, and said in the capital, Bratislava, that the EU-member state was a "very convenient and open door for Russia to the European Union." "We are ready to actively go through this door," Medvedev said during a televised news conference with his Slovak counterpart, Ivan Gasparovic. During the visit — marking the 65th anniversary of the Slovak capital's liberation from Nazi rule — Medvedev gave Slovak officials World War II documents from Russia's state archives.

  • Meeting of Russian, Polish Leaders Could Shed Light on 1940 Massacre

    A historic meeting scheduled for Wednesday between top leaders of Russia and Poland is expected to provide new details about Russia's mass execution of 22,000 Polish officers in the Katyn forest in 1940 and may open the way toward improved relations between the two countries. The mass slaying of the Polish prisoners of war by the Soviet secret police is one of the darker and less known chapters of World War II, said Kyle Parker, a Russian expert and policy adviser to the Commission on Security and Cooperation in Europe, an independent U.S. agency that helps formulate American policy for the Organization for Security and Cooperation in Europe. The mass graves were discovered in 1943 by the Wehrmacht, the German armed forces, after their defeat at Stalingrad. The discovery caused a diplomatic crisis.  

  • Kazakhstan’s Leadership of the OSCE

    This hearing, presided over by Co-Chairman Alcee L. Hastings, was a largely positive affirmation concerning the strides that Kazakhstan had taken regarding human rights and democratization. The commissioners commended  Kazakhstan’s elimination of its nuclear program, which is rare for a country with an emerging economy and democracy. However, the Commissioners believed that further justification would be required for Kazakhstan's bid to host the 2010 OSCE Summit.

  • 65th Anniversary of the Liberation of Auschwitz

    Mr. President, on January 27, 1945, the Nazi concentration camp at Auschwitz, including Birkenau and other related camps near the Polish city of Oswiecim, was liberated by the Soviet Army. This week, people have gathered at Auschwitz and in many other places to mark the 65th anniversary of that event. I am pleased that President Obama presented a video address in which he underscored--using Elie Wiesel's words--the sacred duty of memory. Auschwitz-Birkenau was the principal and most notorious of the six death camps built by Nazi Germany to achieve its goal of the mass extermination of the Jewish people of Europe. Built in Nazi-occupied Poland initially as a concentration camp for Poles and later for Soviet prisoners of war, it soon became a prison for a number of other nationalities. Ultimately, a minimum 1,300,000 people were deported to Auschwitz between 1940 and 1945, and of these, at least 1,100,000 were murdered at that camp. An estimated 6 million Jews--more than 60 percent of the pre-World War II Jewish population of Europe--were murdered by the Nazis and their collaborators at Auschwitz and elsewhere in Europe. In addition, hundreds of thousands of civilians of Polish, Roma, and other nationalities, including in particular disabled individuals, homosexuals, political, intellectual, labor, and religious leaders, all of whom the Nazis considered `undesirable,' as well as Soviet and other prisoners of war, perished at Auschwitz . On that day of liberation , 65 years ago, only 7,000 camp prisoners who had passed through the infamous Auschwitz gates, the ones who promised "Arbeit Macht Frei" -- "Work Will Make You Free" -- managed to survive the selections, torture, starvation, disease, inhuman medical experiments, and executions that occurred at Auschwitz. According to a new survey published this week by the Organization for Security and Cooperation in Europe, OSCE, at least 41 of the OSCE's 56 participating states commemorate the Holocaust with official events. Thirty-three participating states have established official memorial days for Holocaust victims, and January 27 is the official Holocaust Memorial Day in many European countries, including Denmark, Estonia, Germany, Greece, Italy, Sweden, and the United Kingdom. I am deeply gratified that since 2005, the United Nations has also observed January 27 as a day of remembrance for the victims of the Holocaust. In fact, Auschwitz -Birkenau was inscribed on the UNESCO World Heritage List in 1979. I personally visited Auschwitz in 2004 and cannot overstate the importance of the Memorial Museum there today in the effort to teach future generations about the Holocaust. The recent theft of the "Arbeit-Macht-Frei" sign -- which, fortunately, was recovered -- has certainly heightened awareness of the need for additional security measures there, and I support the efforts to secure increased funding for the preservation of the Memorial Museum. Teaching about the Holocaust is an obligation that must be met not only at Auschwitz , but at places where people learn around the globe. As chairman of the Commission on Security and Cooperation in Europe, I am deeply concerned by the rise of anti-Semitism and violent extremism in some OSCE participating states. In particular, I am deeply troubled by the continued prevalence of Nazi-era discourse to describe Roma. As Thomas Hammarberg, the Council of Europe Commissioner for Human Rights, has said: Even after . . . the Nazi killing of at least half a million Roma, probably 700,000 or more, there was no genuine change of attitude among the majority population towards the Roma. With this concern in mind, I was pleased to learn that the United Nations invited the OSCE senior advisor for Romani issues, Andrzej Mirga, to participate in the commemoration they organized this year. Sadly, as Mr. Mirga observed, although approximately 23,000 Romani people were sent to Auschwitz , none were among the survivors liberated there 65 years ago.  

  • Remarks on the Passing of Micah Naftalin, Leader of the Movement to Aid Soviet Jewry

    Madam Speaker, as Co-Chairman of the Helsinki Commission I wish to mark the recent passing of Micah H. Naftalin, an enthusiastic leader of the grassroots movement on behalf of oppressed Jews in the Soviet Union. His dedicated work contributed significantly in advancing the cause of refusals denied their right to leave the U.S.S.R. During the dark days of the Cold War, Micah was an impassioned champion for human rights for members of the Jewish community and others, including political prisoners, in the Soviet Union. Micah was similarly unwavering in his commitment to combat anti-Semitism and related violence, closely monitoring and reporting on developments in Eastern Europe and the former Soviet Union. He was appointed to the U.S. Holocaust Memorial Council in 1982, later serving as acting director. For more than two decades Micah served as national director of the Union of Councils for Jews in the former Soviet Union. He worked closely with the Helsinki Commission to advance democracy, human rights and the rule of law in Russia and elsewhere in the former Soviet Union. In 1993, he served as a public member on the U.S. delegation to the annual meeting to review implementation of human rights commitments by signatories to the Helsinki Final Act. In 2007, he helped found the Coalition Against Hate, a consortium of human rights NGOs from Russia, Ukraine and Belarus united in their efforts to monitor hate crimes. Madam Speaker, I join Chairman Ben Cardin and others on the Helsinki Commission in expressing our condolences to Micah's family and his many friends.

  • Advancing U.S. Interests in the OSCE Region

    The hearing examined U.S. policy toward the Organization for Security and Cooperation in Europe, the largest regional security organization in the world, ahead of a meeting of foreign ministers to be held in Athens in early December.  Greece held the chairmanship of the 56-nation OSCE focused on enhancing security, promoting economic cooperation, and advancing democracy and human rights in 2009. Kazakhstan assumes the chairmanship in January, 2010. The Commission will examine timely issues, including: security arrangements in Europe, simmering tensions in the Caucasus region, relations with Russia and the countries of the former Soviet Union, developments in the Balkans, OSCE engagement on Afghanistan and developments in Central Asia.  The hearing will also assess ongoing efforts to combat anti-Semitism and other forms of intolerance and backsliding on fundamental freedoms.

  • Ukraine Lauded for Nixing Hotel Near Babi Yar

    Two U.S. lawmakers hailed Ukraine for halting the construction of a hotel near the site of a Nazi massacre. Sen. Benjamin Cardin (D-Md.) and Rep. Alcee Hastings (D-Fla.) co-chair the Commission on Security and Cooperation in Europe, an agency charged with monitoring and encouraging compliance with the Helsinki Final Act and other commitments. "The city authorities of Kiev deserve credit for their rapid response to concerns from human rights and Jewish groups on this issue," Cardin, who last visited the memorial park in 2007, said last week. "I applaud their swift action to overturn the city council's insensitive decision and respect the memory of the victims at Babi Yar." The hotel was to be built close to the site of Babi Yar, a ravine near Kiev, where more than 33,000 people were murdered over a two-day period from Sept. 29, 1941. Half were children. Cardin also commended Ukrainian President Viktor Yushchenko for his pledge "to protect as a sacred spot the site of the Nazi massacre." Between September 1941 and 1943, some 150,000 people were executed by Nazi troops in wooded areas on the outskirts of Kiev. Most were Jews, but the total also included ethnic Ukrainians, Russians, Poles and Roma, or gypsies.  

  • Scars of 1974 Invasion Abound as Leaders Seek to Reunite Cyprus

    By Ronald J. McNamara, Policy Advisor Cyprus’ unique location at the cultural crossroads of the eastern Mediterranean and important trade routes between Europe and the Middle East and beyond has shaped the island nation’s rich history. I recently returned to Cyprus to assess developments as the 35th commemoration of the Turkish invasion approaches and a significant portion of the country remains under occupation. Virtually every conversation during my visit, whether with officials or private citizens, touched on some aspect of the ongoing occupation of the country, the legacy of the 1974 invasion, or the prospects for a resolution of “the Cyprus issue.” In a country with slightly less than a million people covering an area slightly more than half the size of Connecticut, one is hard-pressed to find a Greek Cypriot or Turkish Cypriot family that has not been affected in one way or another by the conflict and its lingering impact. While the Cyprus conflict predated the 1975 signing of the Helsinki Final Act, many of the principles found in that historic document have particular applicability to the situation in Cyprus, including: territorial integrity of states; peaceful settlement of disputes; respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief; and fulfillment in good faith of obligations under international law. Cyprus and Turkey were both original signatories to the Final Act. Traveling to the remote Karpas peninsula, in northeastern Cyprus, I was able to speak with an elderly pensioner in Rizokarpaso, a town where thousands of Greek Cypriots once thrived.Today they number scarcely more than 200, the largest concentration of Greek Cypriots in the Turkish occupied north. A short distance from the main square, featuring a large statue of modern Turkey’s founder Kemal Atatürk on horseback, the gentleman described his existence amid a burgeoning population of newcomers from mainland Turkey. He explained that as elderly Greek Cypriots pass away in the area, their homes are occupied, often by “settlers.” The aged man, deeply rooted in the town, showed a fierce determination to remain despite the hardships, making clear that he would not be complicit with the effective cleansing of Greek Cypriots from the region. Within minutes after we sat down at a nearby cafe, a couple of young men sat conspicuously nearby, within easy listening distance from us, an action that seemed designed to intimidate. The man pointed to a building across the street that serves as the school for the small number of Greek Cypriot children a short distance from the Orthodox Church, mainly used for funerals conducted by the lone cleric permitted to conduct such services in the region. According to the May 15 “Report of the Secretary-General on the United Nations operation in Cyprus,” humanitarian assistance was provided to 367 Greek Cypriots and 133 Maronites living in the northern part of the island. While numerous mixed towns and villages existed throughout the country prior to 1974, today, the town of Pyla, partly located in the UN-monitored buffer zone, is the sole surviving bi-communal village, with around 500 Turkish Cypriots and 1,500 Greek-Cypriots. While local leaders from the communities described a generally harmonious and cooperative atmosphere, the reality is that interaction between the two remains limited, with separate schools, sports teams, municipal budgets, and police forces, among others. Many of the people I met touched in one way or another on the ongoing talks between Cypriot President Demetris Christofias and the Turkish Cypriot leader, Mehmet Talat. In his February 28, 2008 inauguration, Christofias reiterated the requirements for a negotiated resolution of the Cyprus conflict and reunification of the country as a federal bi-zonal, bi-communal, with a single sovereignty, international personality and citizenship. Christofias and Talat have repeatedly reaffirmed their commitment to such a formula based on UN Security Council resolutions dating back to the 1970s. The current talks, initiated by Christofias shortly after his 2008 election, focus on six main chapters, or themes, with corresponding working groups: governance and power sharing, European Union matters, security and guarantees, territory, property, and economic matters. Technical committees have also been established to consider crime, economic and commercial matters, cultural heritage, crisis management, humanitarian matters, health, and environmental matters. While formally conducted under the auspices of the UN, the talks are mainly being conducted directly between Christofias and Talat, with teams of experts focused on specific aspects of each topic. A meeting with George Iacovou, President Christofias’ top aide on the current direct talks, helped put the negotiations in context against the backdrop of prior efforts to reunite the country, including the Annan plan, which the Greek Cypriots overwhelmingly rejected in a 2004 referendum. Officials, including government spokesman Stefanos Stefanou repeatedly emphasized that negotiations on a resolution of the conflict be by the Cypriots, for the Cypriots. That said, such an outcome depends in large measure on Turkey playing a constructive role as the leaders of the two communities seek to hammer out a comprehensive agreement. Briefings by Foreign Minister Markos Kyprianou and other senior officials focused largely on the international dimension of the Cyprus issue. Central to the discussions was Turkey’s longstanding aspiration to join the European Union. Accession talks with Turkey began in October 2005. In July of that year, the EU welcomed the country’s decision to sign a protocol adapting the Ankara Agreement to expand the existing customs union between Turkey and the EU to include all member states, including Cyprus. Simultaneously to the signing, Ankara issued a unilateral declaration, noting that its signature did not amount to recognition of the Republic of Cyprus. In response, the EU issued its own declaration on September 21, 2005 making clear that “this declaration by Turkey is unilateral, does not form part of the Protocol and has no legal effect on Turkey’s obligations under the Protocol.” Despite signing the adapted agreement, Turkish ports remain closed to Cypriot ships and airplanes. Cypriot government officials suggested that the status quo has cost the island nation millions in lost business. EU foreign ministers meeting in Brussels on December 11, 2006 partially froze membership talks with Turkey over the impasse, suspending eight of the 35 chapters on the agenda of the accession negotiations, a step endorsed by the European Council on December 15. The Turkey 2008 Progress Report issued by the EU Commission reiterated the call for Turkey “to remove all remaining restrictions on the free movement of goods, including restrictions on means of transport regarding Cyprus.” Turkey's accession to the EU would also require Ankara to work toward recognizing the Republic of Cyprus, including establishment of diplomatic relations. The next periodic report on Turkey’s implementation of the Ankara Protocol is expected later this year. While Cyprus supports Turkey’s aspirations to join the EU, the passage of time has brought potential opposition to the surface, notably from France and Germany. Property Property, another chapter heading under active discussion, has enormous implications. According to government officials, the vast majority of properties in the occupied north were owned by Greek Cypriots. Upholding the property rights of the owners as they were prior to the invasion remains a major priority for the government, with restitution the preferred end result. Considerable real estate development in the north and the continued occupancy of their homes by strangers, has led many Greek Cypriot property owners to file cases with the European Court of Human Rights (ECHR) claiming their property rights were violated. In the case of Loizidou v. Turkey, the court held that “denial of access to property in northern Cyprus was imputable to Turkey” and awarded damages, finding that the applicant had “effectively lost all control over, as well as all possibilities to use and enjoy, her property.” More recently, a judgment issued by the European Court of Justice (ECJ) in the case of Meletis Apostolides v. David Charles Orams and Linda Elizabeth Orams could have a chilling effect on foreigners purchasing property in the occupied territory. The ECJ affirmed that courts in other EU countries must recognize and enforce Cypriot court judgments. Cyprus joined the EU in 2004. Since the partial lifting, in 2003, of restrictions imposed by authorities in the north on freedom of movement, Greek Cypriots for the first time in large numbers have been able to cross into the northern part of the country – visiting their homes and villages many had not seen since 1974. Increased movement in both directions followed, with over 15 million incident-free crossings. A Greek Cypriot shared his experience of visiting his home for the first time since being forced to flee during the invasion. He discovered that a Turkish Cypriot family was living in the house. To his surprise, the father had meticulously collected and stored all of the owner’s family photos and presented him with the box at that first visit. Similarly, the occupant had placed crosses and other religious articles in the attic for safekeeping. A Turkish Cypriot expressed relief at the fact that some Greek Cypriot friends from his home village were living in his house and maintaining his lands in the southwestern part of the country. Unfortunately, these stories appear to be the exception rather than the rule. Missing Persons Of the many painful consequences of the 1974 invasion, perhaps none is as heartrending as that of missing persons. According to The Committee on Missing Persons, a total of 1493 Greek Cypriots, including five Americans, were officially reported missing in the aftermath of the conflict. Five hundred and two Turkish Cypriots had already been missing, mainly victims of inter-communal violence that erupted in the early 1960s. The remains of one of the Americans, Andrew Kassapis, were eventually recovered and returned. The cases of the other four remain open. The Committee on Missing Persons in Cyprus, established in 1981, facilitates the exhuming, indentifying and returning of remains of missing persons. The CMP mandate is limited in that it does not extend to Turkey. The Greek Cypriot and Turkish Cypriot communities each have one member on the committee. A third member is selected by the International Committee of the Red Cross and appointed by the UN Secretary-General. While in Nicosia, I had an opportunity to be briefed separately by Elias Georgiades, the Greek Cypriot representative and Christophe Girod, the UN representative. Operating on the basis of consensus, the committee does not attempt to establish the cause of death or attribute responsibility for the death of missing persons. Since becoming operational in 2006, an anthropological laboratory has analyzed the remains of several hundred individuals. According to the committee, remains of 530 individuals have been exhumed from more than 273 burial sites throughout the country. Of remains examined at the forensic facility, the youngest individual was 10 months old and the oldest 86 years old. Walking though the lab I noted that most of the remains under examination had visible signs of gun wounds to the head. The remains of over 160 individuals have been returned to family members as a result of the bi-communal field teams and forensic work undertaken at the lab. The U.S. contributed funds for a family viewing facility which opened in 2008. Land Mines A briefing at the Mine Action Center in Cyprus provided insight into another legacy of the 1974 conflict, the presence of thousands of anti-personnel and anti-tank mines. Established in 2004, the center has assisted in planning, coordinating and monitoring of demining operations, including land surveys as well as the actual clearance and disposal of mines. While thousands of landmines have been cleared to date, thousands more remain. The center’s goal is a mine-free buffer zone by the end of 2010. In addition to efforts undertaken within the framework of the UN, Cyprus’ National Guard has worked to clear anti-personnel mines. Of the 101 known or suspected minefields in the country about half are in the UN monitored buffer zone, with most of the remainder nearby. Briefers underscored the continued threat posed by minefields adjacent to the buffer zone, recounting incidents of migrants trying to cross from the northern part of the country to the government-controlled south finding themselves surrounded by mines. Farmers on either side of the buffer zone are also at risk as they seek to cultivate the arable farming lands bordering the area. The experts described the clearing operations involved in the opening of the Ledras Street pedestrian crossing point in the middle of the Cypriot capital, Nicosia, in April 2008. The Mine Action Center is assisting in clearing operations paving the way for the opening of additional crossing points. In late June, President Christofias and Mr. Talat reached agreement on the opening of the Limnitis crossing point with access to and from Kokkina in the remote northwest, offering an opportunity for development and integration by Greek Cypriots and Turkish Cypriots. The United Nations has maintained an operational force on Cyprus since the establishment of the United Nations Peacekeeping Force in Cyprus (UNFICYP) in March 1964, following the outbreak of intercommunal violence. The force, one of the longest existing UN peacekeeping missions, consists of 858 troops, 68 police, and 160 civilians. UNFICYP is responsible for maintaining the status quo along the de facto ceasefire lines of the Cyprus National Guard, to the south, and Turkish and Turkish Cypriot forces to the north and a buffer zone between the two. The buffer zone stretches 111 miles from east to west, with 214 square miles of land between the lines, constituting about three percent of the country’s territory. The distance of separation varies from barely more than an arm’s span in some places to about four miles. Numerous villages, including Pyla, mentioned above, are located in partially or entirely in the buffer zone. The once bustling seaside city of Famagusta along the east coast remains deserted, a veritable ghost town, as it has since the mainly Greek Cypriot population was forced to flee during the second phase of the Turkish invasion in August 1974. A center for commerce and tourism, the city and surrounding region was the second largest in the country prior to the evacuation. It is home to nearly half of the people uprooted by the conflict. Standing on the beachhead just north of the city in the Turkish-controlled area the unpopulated city stretched as far down the coast as I could see. Abandoned hotels and high-rise apartment buildings rise from the sandy shore standing as a collection of steel skeletal frames liberated of their contents by plunder and the passage of time since their occupants were forced to flee. Religious Cultural Heritage The ancient Roman city of Salamis, located a short distance from Famagusta on the east coast, was the arrival point for St. Paul on his first missionary journey, accompanied by St. Barnabas, a native son of that city. Paul eventually made his way to Paphos, on the opposite side of the island, where his preaching led to the conversion of the Roman Proconsul, making Cyprus the first country governed by a Christian. A short distance from Salamis is the village of Enkomi, where according to tradition, Barnabas’ remains were buried following his martyrdom. Among minorities throughout the country recognized by the 1960 constitution are: Maronite Christians number approximately 5,000; Armenians 2,500; and Latins (Catholics) 1,000. The overwhelming majority of Cypriots are Orthodox, with Muslims comprising the next largest faith community. His Beatitude Chrysostomos II has served as Archbishop of New Justiniana and All Cyprus since November 2006. During our meeting he underscored the long history of harmony among faith communities in Cyprus. The archbishop voiced particular concern for those displaced by the 1974 invasion and stressed the importance of upholding human rights, including the rights of individuals to return to their homes. He contrasted the efforts taken by the authorities with the support of the Church to preserve mosques in the government-controlled area with the destruction of religious cultural heritage, including churches, monasteries and chapels in the north. Archbishop Chrysostomos II, who was joined by the Bishop of Karpasia, described the challenges faced by clergy seeking to travel to the occupied north, including those seeking to participate in religious services. The rare Orthodox services that are allowed to be conducted in the north are mainly for feast days of several saints, notably St. Mamas and St. Barnabas. Even such exceptional occasions have occasionally been marred by security forces preventing worshipers from crossing into the area. The Archbishop said that the Church would soon file a formal case with the European Court of Human Rights regarding its religious sites and other property in the occupied north. In the aftermath of Turkey’s 1974 military invasion and ongoing occupation of the northern part of Cyprus, a precious piece of the country’s cultural heritage is at risk of collapse – Orthodox churches, chapels and monasteries as well as those of other Christian communities. According to Archbishop Chrysostomos II, over 500 religious sites in the area have been seriously damaged or destroyed. During my travels throughout the region, I visited a score of churches – each in various stages of deterioration, all plundered. In Lapithos, in the Keryneia region, the Agia Anastasia complex is now a tourist resort. I found the Monastery of Ayios Panteleemon, in Myrtou, reduced to little more than a pigeon coup, with bird droppings everywhere – a scene I encountered repeatedly. In each church visited the interiors were stripped of religious objects, including altars, iconostasis, icons, and fonts. In some, it was clear how frescos had been chiseled out of walls and ceilings. It was a surprise to see a single bell still hanging in one of the many bell towers I saw. The main church in Rizokarpaso and a few elsewhere in the Karpas region were noteworthy for the fact that they even had doors; most others I visited did not. One of the countryside churches I visited was being used for storage, with heavy farm equipment in the yard and plastic crates and large tractor ties filling the interior space. In Keryneia, I found that a small chapel in the port was being used by the authorities as a tourist information center and snack bar. According to Church sources, others have been converted into stables, shops, and night clubs. In the village of Kythrea, a small Catholic chapel was reduced to a shell with no roof. Most of the main church had been converted into a mosque, along with a couple of others in the town, but for some reason a quarter of the structure remained in ruins. Another church, Agios Andronikos, located nearby was heavily damaged, with the rubble of the collapsed roof strewn about the interior space, with traces of frescoes still visible on the exposed walls. In the village of Stylloi, in the Famagusta region, the Profitis Ilias Church yard also serves as a cemetery. There I found desecrated ruins of graves with all of the crosses broken off of their bases and smashed. A shed in the corner of the yard was stacked with broken crosses and headstones. Another cemetery a short distance away was similarly in shambles. An adjacent Muslim cemetery was in meticulous condition. The U.S. Agency for International Development has supported a number of restoration projects in the occupied north, including work at the Agios Mamas Church in Morfou, operated mainly as an icon museum. In Keryneia, the prominent belfry of the Archangelos Mikhael Church disguises the fact that the once venerated site has likewise been converted into an icon museum. Such collections reportedly contain a small fraction of the thousands of icons, sacred vessels, vestments, manuscripts, frescos, and mosaics looted from churches, chapels and monasteries in the north. Many stolen icons and other antiquities are placed on the auction block for sale on the international market, some making their way into U.S. collections. The Byzantine Museum, in Nicosia, featured an exhibit: “Hostages in Germany: The Plundered Ecclesiastical Treasures of the Turkish-occupied Cyprus.” In a recent case, two icons from the early 1600s taken from a church in the northern village of Trikomo, were seized in Zurich by Swiss police. In stark contrast to the situation in the occupied area, in Nicosia I visited the Ömerge Mosque housed in the 13th century Church of St. Mary built by the Augustinian religious order. The recently refurbished mosque is a functioning place of worship. A short distance away in the old walled city is Bayraktar Mosque. When I visited the site there were large pallets of stone to be used to renovate the plaza in the mosque complex. Another example is the Mosque of Umm Haram, or Hala Sultan Tekke, a mosque and prominent Muslim shrine, located in Larnaca, southeast of the capital. According to Cyprus government sources, scores of other mosques and other Islamic places of worship are maintained in the south. A visitor to Cyprus need not look far to discover the scars left by the artificial division of the country following the 1974 invasion and ongoing occupation. Since my earlier trip to that island nation eleven years ago, there has been progress on some fronts, most noticeably in terms of freedom of movement since the partial lifting, in 2003, of restrictions imposed by authorities in the north. According to officials, the majority of Turkish Cypriots hold Cyprus-issued EU passports, affording them free movement throughout the EU area, employment opportunities in member countries and other benefits. In addition, thousands of Turkish Cypriots cross into the south daily for work. Other steps have come about as a direct result of the talks between the leaders of the two communities initiated last year. It remains to be seen, however, if the current negotiations will produce a comprehensive and durable resolution to the challenges in Cyprus. Beyond practical steps to ease the day-to-day lives of Greek Cypriots and Turkish Cypriots, key principles such as sovereignty, independence, and territorial integrity as well as respect for human rights and fundamental freedoms are also at stake, with implications for conflicts elsewhere. Numerous earlier diplomatic initiatives were launched, but in the end failed. A particular challenge remains the thorny issues of the tens of thousands of Turkish troops and settlers from mainland Turkey still in Cyprus today, outnumbering Turkish Cypriots. Other factors, especially Turkey’s stated desire to join the EU, should not be discounted and could prove decisive to the ultimate success or failure of the current process. Meanwhile, Christofias and Talat and their teams grapple with an array of tough issues as they seek to overcome the legacy of the past 35 years and build a brighter future for all Cypriots.

  • Commission Plays Leading Role at Parliamentary Assembly in Lithuania

    By Robert A. Hand, Policy Advisor A bipartisan U.S. delegation traveled to Vilnius, Lithuania June 29 for the 18th Annual Session of the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA). The delegation participated fully in the activity of the Assembly’s Standing Committee, the plenary sessions and the Assembly’s three General Committees. Helsinki Commission Chairman Senator Benjamin L. Cardin led the delegation, which included the following commissioners: Co-Chairman Congressman Alcee L. Hastings, Ranking Minority Member Chris Smith, and Senator Roger Wicker, Representatives Louise McIntosh Slaughter, Mike McIntyre, G.K. Butterfield and Robert B. Aderholt. Senate Assistant Majority Leader Dick Durbin, Senator George Voinovich and Representatives Lloyd Doggett, Madeleine Z. Bordallo and Gwen Moore also joined the delegation. Background of the OSCE PA The Parliamentary Assembly was created within the framework of the OSCE as an independent, consultative body consisting of more than 300 parliamentarians from each of the 56 countries, which stretch from the United States and Canada throughout Europe, the Caucasus and Central Asia. The Annual Sessions are the chief venue for debating international issues and voting on a declaration addressing human rights, democratic development, rule of law, economic, environmental and security concerns among the participating States and the international community. The United States delegation is allotted 17 seats in the Assembly. Robust Congressional participation has been a hallmark of the Parliamentary Assembly since its inception nearly 20 years ago, ensuring U.S. interests are raised and discussed. 18th Annual Session This year’s Annual Session, hosted by the Parliament (Seimas) of Lithuania from June 29 to July 3, brought together more than 500 participants from 50 of the 56 OSCE participating States under the theme: “The OSCE: Addressing New Security Challenges.” The Standing Committee -- the Assembly’s leadership body (composed of Heads of Delegations from the participating States and the elected officers) -- met prior to the Annual Session. Senator Cardin, as Head of Delegation and an OSCE PA Vice President, represented the United States. Chaired by the OSCE PA President, Portuguese parliamentarian João Soares, the committee heard reports from the Assembly’s Treasurer, German parliamentarian Hans Reidel, and from the Assembly’s Secretary General, R. Spencer Oliver of the United States. The Assembly continues to operate well within its overall budget guidelines and to receive positive assessments from auditors on financial management. The committee unanimously approved the proposed budget for 2009-2010. The Standing Committee also approved several changes in the OSCE PA’s Rules of Procedure, especially related to gender balance and the holding of elections for officers, as well as 24 Supplementary Items or resolutions for consideration in plenary or committee sessions. The committee brought up as an urgent matter a resolution regarding the detention of Iranian citizens employed by the British Embassy in Tehran. Senator Cardin spoke in support of the resolution. With the Standing Committee’s business concluded, Assembly President Soares opened the Inaugural Plenary Session, stressing in his opening remarks the need for OSCE reform. The first session concluded with a discussion of gender issues led by Swedish parliamentarian Tone Tingsgaard that included comments from Rep. Gwen Moore. A Special Plenary Session the next day was scheduled to accommodate the OSCE Chair-in-Office, Greek Foreign Minister Dora Bakoyannis, who had just presided over an informal meeting of OSCE foreign ministers in Corfu, Greece, to launch a new, high-level dialogue on European security. Senator Cardin attended the Corfu meeting as a representative of the OSCE Parliamentary Assembly. Following her speech, Bakoyannis engaged in a dialogue with parliamentarians on a number of OSCE issues. Lithuanian Foreign Minister Vygaudas Usackas also addressed the special session. Lithuania will chair the OSCE in 2011. U.S. Member Involvement The U.S. delegation actively participated in the work of the Assembly’s three General Committees – the first committee for Political Affairs and Security; the second for Economic Affairs, Science, Technology and the Environment; and the third on Democracy, Human Rights and Humanitarian Questions. Each committee considered its own draft resolution, prepared by an elected Rapporteur, as well as 23 of the 25 Supplementary Items. Two Supplementary Items, including one by President Soares on Strengthening the OSCE, were considered in plenary session. Representatives Chris Smith, Mike McIntyre, and Gwen Moore each proposed resolutions that were adopted dealing with freedom of expression on the Internet, international cooperation in Afghanistan, and prevention of maternal mortality respectively. Members of the U.S. delegation were also instrumental in garnering support for Supplementary Items introduced by others, co-sponsoring eight resolutions introduced by delegations of other countries. The U.S. delegation was responsible for 26 amendments to either the committee draft resolutions or various Supplementary Items. Chairman Cardin proposed climate-related amendments to a resolution on energy security and suggested the OSCE initiate work with Pakistan in the resolution on Afghanistan. Co-Chairman Hastings worked on numerous human rights and tolerance issues. Other amendments were sponsored by: Sen. Durbin on improving international access to clean water; Sen. Voinovich on combating anti-Semitism; Sen. Wicker on preserving cultural heritage; Rep. Smith on preventing the abuse of children; and Rep. Butterfield on responding to climate change. Bilateral Meetings The U.S. delegation also engaged in a variety of activities associated with the Annual Session, holding bilateral meetings with the delegations of Russia and Georgia focusing on their respective internal political developments and the tension in the Caucasus since Russia invaded Georgia last August and then sought to legitimize breakaway regions. Separate meetings were also held with Lithuanian President Valdas Adamkus and other Lithuanian leaders, at which the delegation pressed for new laws to resolve outstanding claims of property seized during the Nazi and Communist eras. The delegation also presented President Adamkus a letter from President Barack Obama on the occasion of the 1000th anniversary of the first written reference to Lithuania. Members of the U.S. delegation attended a working lunch to discuss gender issues, hosted by Swedish parliamentarian Tingsgaard. A variety of social events, including a reception hosted by the British delegation at their embassy, afforded numerous informal opportunities to discuss issues of common concern. U.S. Leadership As a demonstration of active U.S. engagement, a Member of the U.S. Congress has always held some elected or appointed leadership role in the OSCE PA. The Vilnius Annual Session has allowed this to continue at least through July 2012. Chairman Cardin was reelected to a three-year term as one of nine Vice Presidents, a very welcome development given his long record of OSCE engagement going back to his years in the House of Representatives. Rep. Aderholt, who has attended every OSCE PA Annual Session since 2002 and often visits European countries to press human rights issues, was elected Vice Chair of the third General Committee, which handles democracy and human rights. President Soares was reelected for a second term and selected Rep. Smith to serve as a Special Representative on Human Trafficking and asked Co-Chairman Hastings to continue serving as Special Representative on Mediterranean Affairs. An unfortunate development in the election of new officers is the absence of a representative of the Russian Federation. Because the United States government may disagree so substantively with current Kremlin policies, the U.S. government has always felt it critical to welcome Russian engagement in the OSCE PA. It was, therefore, a disappointment that the head of the Russian Federation delegation, Alexander Kozlovsky, reversed course and decided not to run for a Vice Presidency seat and more disappointing that a political bloc at the OSCE PA defeated Russian incumbent Natalia Karpovich as rapporteur of the Third Committee. Karpovich had been accommodating of U.S. human rights initiatives in her draft resolution. Vilnius Declaration Participants at the closing plenary session adopted the final Vilnius Declaration -- a lengthy document which reflects the initiatives and input of the U.S. delegation. Among other things, the declaration calls for strengthening the OSCE in order to enhance its legitimacy and political relevance; addresses conventional arms control, disarmament and other security-related issues of current concern in Europe; calls for greater cooperation in the energy sector and better protection of the environment; and stresses the continued importance of democratic development and respect for human rights, especially as they relate to tolerance in society and freedom of expression. The most contentious part of the declaration related to the promotion of human rights and civil liberties twenty years after the fall of the Berlin Wall, which included language noting the 70th anniversary of the Molotov-Ribbentrop Pact. While some of the language may have been provocative, strong Russian objections to the entire text appeared to be motivated by a desire to defend a Stalinist past and minimize its crimes. The Russian delegation’s effort to block passage of this resolution reflects a similar sentiment in Moscow that recently led to the creation of a widely-criticized commission "for counteracting attempts to falsify history to the detriment of Russia's interests." As a July 9 column for The Economist noted about recent Russian efforts to excuse Stalinism, the “debate in Vilnius makes it a bit harder to maintain that stance.” Some of Russia’s traditional friends and allies in the OSCE PA were noticeably absent from the debate. The Balkans While the Congressional delegation’s work focused heavily on representing the United States at the OSCE PA, the trip afforded an opportunity to advance U.S. interests elsewhere in Europe. While Co-Chairman Hastings traveled to Albania to observe that country’s first parliamentary elections since becoming a NATO member earlier this year, the rest of the delegation visited Bosnia-Herzegovina. Bosnia-Herzegovina is still recovering from the conflict in the 1990s and the associated horrors of the Srebrenica genocide and massive ethnic cleansing. The reverberations of the conflict continue to hinder prospects for European and Euro-Atlantic integration. The United States was instrumental in bringing the Bosnian conflict to an end in 1995, especially with the negotiation of the Dayton Agreement, and the United States has invested considerable financial, diplomatic and military resources in the post-conflict period. The visit came one month after Vice President Joe Biden visited Sarajevo with a message of renewed U.S. engagement in the Balkans. While meetings with Bosnian political leaders revealed little willingness to work constructively toward constitutional reform needed for an effective central government, a meeting with English-speaking university students revealed a refreshing desire to overcome ethnic divisions and move the country forward. Belarus Given its proximity to Vilnius, members of the Congressional delegation visited Minsk, the capital of Belarus, to press for greater democracy and respect for human rights in that country. Belarus has remained a repressive state over the years even as its European neighbors have transitioned from being former Soviet or Warsaw Pact states to EU and NATO members or aspirants. Following a delegation meeting with President Alexander Lukashenka, Belarusian authorities released imprisoned American Emanuel Zeltzer, who was convicted of espionage in a closed trial and had numerous health concerns. The delegation also urged for greater progress in meeting the conditions in the Belarus Democracy Act passed by the U.S. Congress in 2004 and reauthorized in 2006. A meeting with political activists provided useful information on the situation for political opposition, non-governmental organizations and independent media. Finally, the delegation pressed Belarus’ officials to allow for an increased U.S. diplomatic presence in the country. In response to expanding U.S. sanctions, Minsk kicked out 30 diplomats last year, including the U.S. ambassador, leaving a staff of five at the U.S. Embassy. During the course of the Vilnius Annual Session, Senator Voinovich also broke away for a brief visit to Riga, Latvia. That visit was among the highest level visits from a U.S. official in three years, and was important for our relations with this NATO ally, which has deployed troops with Americans in Afghanistan without caveat and recently suffered losses which easily impact such a small country. U.S. interests abroad are advanced through active congressional participation in the OSCE PA. The 19th Annual Session of the OSCE Parliamentary Assembly will be held early next July in Oslo, Norway.

  • Helsinki Commissioners Condemn Violence Against Roma

    Bipartisan Members of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today voiced strong concerns for growing violence against the Roma – Europe’s largest ethnic minority group. At a briefing examining the growing prejudice against Roma in Europe and subsequent acts of violence against Roma across Europe, Co-Chairman Congressman Alcee L. Hastings (D-FL) expressed concern for the treatment of Roma, who have been victimized in their own homes – from the killing of elderly to young children burned by fire bombs. “Governments must act with a sense of urgency in combating the pernicious racism that has contributed to the social, economic, and political marginalization of Roma, resulting in the gruesome and deadly attacks on Roma in recent months,” Co-Chairman Hastings said. “But beyond the violence, the continual dislocation of Roma most recently from their historic home in Sulukule, outside Istanbul, Turkey, shows a disregard for minorities and further sends a signal of exclusion. I call on all European countries to reverse this troubling trend.” Chairman Benjamin L. Cardin (D-MD) added: “In the wake of the recent European Parliamentary elections, we are seeing growth of political parties who espouse anti-immigration, anti-minority, and anti-Semitic policies. I urge governments across Europe to respect Roma human rights. They should fully integrate the continent’s largest ethnic minority group, do away with segregated schooling, and when crimes are committed, thoroughly investigate and hold criminals accountable for their acts of hate.” Helsinki Commissioner Congressman Joseph R. Pitts (R-PA) added: “Some people have compared the firebombing and other attacks on Roma in the Czech Republic and Hungary to the sniper attacks that took place in the area a few years ago. For Roma, who are the singular targets in this case, we can only imagine the fear that grips those communities. I urge the Czech and Hungarian Governments to do everything possible to bring the perpetrators of those attacks to justice and to ensure that they are prosecuted to the fullest extent of the law.”

  • Co-Chairman Hastings Chairs Meeting in Israel on Countering Discrimination in the Mediterranean Region; Meets with Prime Minister Olmert

    By Marlene Kaufmann, General Counsel During two days in December 2007 a unique meeting of the Organization for Security and Cooperation in Europe (OSCE) occurred in Tel Aviv, Israel. For only the second time in eleven years, Israel was chosen by the OSCE participating States to host the annual Mediterranean Seminar -- a meeting designed to encourage dialogue about, and strategies for, improved cooperation between the OSCE participating States and their Mediterranean Partners for Cooperation -- Algeria, Egypt, Israel, Jordan, Morocco and Tunisia. As Special Representative for Mediterranean Affairs of the OSCE Parliamentary Assembly, Co-Chairman Hastings had worked tirelessly to bring the Partners together in Israel for their annual seminar. Unfortunately, official participation by the Partner States was limited, with only Jordan and Egypt sending representatives to the plenary sessions. However, more than seventy delegates from thirty-five countries attended the seminar and robust participation by NGOs from both sides of the Mediterranean yielded spirited discussion and specific recommendations for future OSCE efforts to combat discrimination. Prior to joining the seminar, the Co-Chairman traveled to Jerusalem for a private meeting with Israeli Prime Minister Ehud Olmert. The two discussed prospects for negotiations toward a two-state solution to the Israeli-Palestinian conflict following the Annapolis conference, as well as continued threats to Israel’s security including Iran’s ongoing nuclear program. Co-Chairman Hastings also met with Jordanian Ambassador to Israel, Ali Al-Ayed, to discuss his country’s views on the security situation in the region as well as the impact of the massive displacement of Iraqi citizens, including more than a half million who have sought refuge in Jordan. More than 4.7 million Iraqis have been displaced since 2003, including 2 million who have fled to Syria, Jordan and other countries in the region. This is the largest population displacement in the Middle East since 1948. Co-Chairman Hastings has introduced legislation to address this growing humanitarian crisis which provides aid for Jordan and other countries in the region that are hosting Iraqi refugees. The Co-Chairman’s visit also included a briefing by Israel’s Director for relations with the United Nations and International Organizations and a tour of a newly constructed desalination facility in Ashkalon, the largest in the region. Desalination is a critical part of the social and economic infrastructure of the Middle East as it is in the Co-Chairman’s congressional district and the entire State of Florida. Under the broad theme “Combating Intolerance and Discrimination and Promoting Mutual Respect and Understanding,” seminar participants examined such topics as the implementation of OSCE tolerance-related commitments in the participating States and the Mediterranean Partners for Cooperation and lessons learned; promoting respect for cultural and religious diversity and facilitating dialogue; and countering discrimination in the OSCE and Partner states. In his opening remarks to the session on Countering Discrimination in the OSCE Participating States and the Mediterranean Partners for Cooperation, Co-Chairman Hastings pointed out that combating discrimination against individuals because of their race, religion, national origin or gender is a core principle of the Helsinki Process and is essential to stable, productive, democratic societies. “The reality,” said Hastings, “is that none of our societies is immune from the ignorance, indifference or outright hatred that fosters discrimination, intolerance, and ultimately destruction of every sort.” Co-Chairman Hastings noted that hate crimes had increased 8% in the U.S. during 2007 amidst the resurgence of the noose and swastika, unfair equation of Muslims and migrants with terrorism, violent attacks on gays, and the derogatory parodying of minority groups in the media and elsewhere in society. “Elsewhere in the OSCE, the situation is not any better,” he said. “A number of European countries have voted extremist political parties into office that openly espouse xenophobic, racist, and anti-Semitic views in the name of preserving national identity and security.” These scene-setting remarks were followed by presentations from a distinguished panel including Slovenian Ambassador, Mr. Stanislav Rascan, European Commission Ambaassador Mr. Lars Erik Lundin, Israeli lawyer Ms. Gali Etzion and Professor Gert Weisskirchen, a Member of the German Bundestag and Personal Representative of the OSCE Chairman-in-Office on Combating anti-Semitism. Their remarks, and the discussion that followed, focused on combating discrimination through legal measures, including legislative initiatives, as well as implementation by courts; education, in particular for young people; special challenges regarding discrimination against women, including religious laws; and the necessity of continuing dialogue between governments, parliaments and NGOs on ways and means to empower individual citizens. In his closing remarks, Co-Chairman Hastings strongly urged the participants to focus on implementation of anti-discrimination laws and regulations and promotion of civic programs that encourage tolerance. He pointed out that all of us as individuals, and in particular government officials, have an obligation to combat intolerance and discrimination, as well as promote mutual respect and understanding. Hastings also stated his intention to visit all Mediterranean Partner countries within a year in his capacity as Special Representative for Mediterranean Affairs of the OSCE Parliamentary Assembly. On May 16, 2008, Co-Chairman Hastings again traveled to Israel, accompanying Speaker Nancy Pelosi, Majority Leader Steny Hoyer, and other senior Members of Congress to mark Israel’s 60th Anniversary. Co-Chairman Hastings and the delegation met with President Peres, Prime Minister Olmert, Defense Minister Barak and Foreign Minister Livni, as well as with the leaders of the Jewish, Christian and Muslim communities in Jerusalem. The Co-Chairman also accompanied Speaker Pelosi on a side trip to Baghdad where they met with Prime Minister Maliki and the Speaker of the Iraqi Parliament, the Council. December 2008 offered the opportunity for Co-Chairman Hastings to fulfill his promise to the OSCE Mediterranean Partners Seminar and again visit all the Mediterranean Partner countries. The Co-Chairman traveled to Morocco, Algeria, Tunisia, Egypt and Israel where he met with parliamentarians and senior government officials. Co-Chairman Hastings also met with Jordanian officials in Egypt and expressed his intention to visit Jordan to complete his tour of the region in 2009. For details of the Co-Chairman’s December 2008 visit, see “U.S. Helsinki Commission Co-Chairman Alcee L. Hastings Visits OSCE Mediterranean Partners to Advance Regional Cooperation,” Helsinki Commission Digest, Volume 40, Number 34.

  • Helsinki Commission Staff Examine Impact of International Efforts in Kosovo on Human Rights

    By Clifford Bond and Robert Hand Helsinki Commission Staff In early December 2008, Helsinki Commission staff visited Kosovo to review the changing mandates of a wide range of international actors in Kosovo. The visit coincided with the European Union’s deployment of a Rule of Law Mission in Kosovo, known as EULEX, which took place successfully but revealed the potential for regional instability. The Commission staff delegation met with a variety of international and local actors in Pristina, Kosovo’s capital. It traveled to the Visoki Decani, a monastery of the Serbian Orthodox Church where it met with church representatives, and to the nearby town of Peja/Pec where it met with field representatives of the International Civilian Office (ICO) and the OSCE. The delegation also visited both sides of the divided northern city of Mitrovica where it visited displacement camps and the rebuilt neighborhood for the city’s Romani population in addition to other meetings. The International Community Kosovo asserted its independent statehood in February 2008, in the context of the plan put forward by former Finnish President, UN official, and Nobel laureate Martti Ahtisaari. In so doing, Kosovo’s leadership pledged to implement the plan in full, which means accepting international supervision and providing decentralized authority and numerous rights and privileges to the Serb and, to a lesser extent, other minority communities. The Ahtisaari plan, however, assumes agreement by all parties, but Serbia, backed by Russia at the United Nations, refuses to accept the loss of what it considers still to be its province. The United States and most European countries have recognized Kosovo’s independence, but a few European Union members remain either reluctant or strongly against doing so, either due to ties with Serbia or fear of separatist movements within their own borders. Spain was frequently singled out as the one country that not only opposes Kosovo’s independence but seems intent on undermining its recognition by others. Combined with the widespread need for consensus decision-making, most of the international community’s field missions must, to one degree or another, act neutrally on questions of status, to the detriment of their effectiveness and the enormous frustration of Kosovar Albanians who desire that Kosovo’s independence be respected. The EULEX deployment brought these differing perspectives to the fore. In order to obtain an EU-wide agreement, a UN blessing and the acquiescence of Belgrade and local Serbs under Belgrade’s control, a compromise effort known as the UN Secretary General Ban Ki-moon’s “6-point plan” was put forward that prompted angry protest among the Kosovar Albanian majority and an official rejection from Pristina. Posters throughout the city proclaimed EULEX to be “Made in Serbia”. After several delays and despite continued ambiguity regarding which government was the actual host, the Mission deployed on December 9 throughout Kosovo, not just in areas under Pristina’s control. That the deployment proceeded smoothly and peacefully was viewed as a success, although ambiguities purposefully placed in its mandate to allow both Albanians and Serbs to maintain their positions, as well as the lack of political oversight and coordination among EULEX’s three areas of responsibility (police, courts and customs), likely mean that EULEX will face additional tests of its resolve in the future. For now, the most noteworthy result of the deployment is the anticipated end of inefficient UNMiK operations, which have come to symbolize the holding pattern in which Kosovo has found itself since 1999. The deployment could also signal a more cooperative tone among Kosovo’s Serbs. In northern Mitrovica and contiguous areas bordering Serbia, there are signs that Belgrade may no longer support more militant and corrupt Kosovo Serb leaders. In the enclaves to the south, where the majority of Kosovo Serbs live, there may also be more room for local accommodation and inter-ethnic cooperation, with questions of status put to the side. Following Serbian elections in May that strengthened pro-democratic and pro-European forces in society, Belgrade seems to want at least more transparency and accountability in the “parallel institutions” it has so far financed, and it may try to reduce its subsidies. It also seems to want to avoid violence, especially any violence that could be blamed on the Serb side. It is unclear how far it will push to assert control and responsibility in light of UNMiK’s dwindling role, or whether it will allow EULEX and eventually the ICO to fill the void. Unfortunately, divisions within the European Union almost invite continued Serbian intransigence. Without being given a clear choice between trying to hold onto Kosovo and achieving European integration, the Serbian Government still plays the “Kosovo card,” which garners popular support at home without any apparent repercussions. The situation on the Kosovar Albanian side is a bit clearer. Despite internal political posturing, there is really little difference within this community when it comes to defending Kosovo’s independence. The deliberations that led the EULEX deployment pushed the Kosovo government about as far as it could go. While the achievement of independence has so far made the Ahtisaari plan worth embracing, many of its provisions relating to Serb communities have been no easy sell, especially in the many localities where nationalism and intolerance continue to prevail. When governments of European countries which have recognized Kosovo’s independence nevertheless treat it as something less than an independent and sovereign state, the Kosovars are naturally outraged and increasingly distrustful. This could be countered somewhat by the establishment of embassies in the capitals of those countries who have thus far recognized Kosovo, particularly in Europe, staffed by competent diplomats in order to ensure that the Kosovo point-of-view is made clear to policy-makers. The United States should also counter European diplomatic tendencies to placate traditional regional powers and treat the new states of Europe as second-class states. In the meantime, as those in government may try to adhere to their Ahtisaari commitments, those in opposition have also been able to capitalize on the situation. This poses a challenge to Kosovo’s shaky democratic institutions, which are still very much in transition. Some have expressed concern that the further development of democratic capacities could be thwarted by the need to meet unpopular international demands. While EULEX moves forward and UNMiK winds down, other international players need to find their role. As one analyst commented, the international community has lost the coherence of its structure and has become a confusing maze to local parties. The International Civilian Office is perhaps the most important, yet vulnerable, of the current players. A creation of the Ahtisaari plan, it is by definition not status neutral, and has a relatively strong mandate to supervise post-status Kosovo. Serb opposition to cooperation with the ICO makes this difficult, but the hesitancy of the status-neutral players to cooperate, coordinate and support the ICO will severely weaken its effectiveness to Kosovo’s long-term detriment. The OSCE Mission in Kosovo, the organization’s largest, is facing even more difficult times. Once known for its solid monitoring of events throughout Kosovo and for developing democratic capacity, the early threat of Belgrade and Moscow to close the Mission cast a shadow over its future and a considerable portion of its personnel have moved to the ICO or otherwise left the OSCE in Kosovo. Mission leadership has also been controversial; while this may have stabilized with a new Head of Mission, the OSCE lost some serious ground. Most interlocutors felt that the Mission is a bit oversized, and needs to focus on core areas such as promoting free media, human rights and inter-ethnic dialogue, where the OSCE has genuine expertise and credibility. KFOR, the NATO-led peacekeeping force, seems to be the one constant of the international presence that garners unquestioned respect and seems prepared to handle whatever instability may lie ahead. It is the acknowledged last resort for providing security, but its presence helps ensure a security baseline that will deter provocations and enhance confidence at the local level. KFOR representatives seem confident that lessons were learned from the violence of 2004 and that greater flexibility across lines of operations, more consistent rules for engagement and an unwillingness to let the particulars of status from getting in its way will be effective in keeping the peace in Kosovo. A Need for Dialogue Many of the problems which exist among both the Kosovar Albanian majority and the Kosovo Serb minority could be resolved through greater dialogue, both within Kosovo and between Belgrade and Pristina. There is some effort to achieve this through civic organizations and religious institutions, as well as business contacts. There is also some interaction in technical areas such as regarding missing persons from the 1998-99 conflict, or in the reconstruction of churches and other religious sites damaged or destroyed in the March 2004 riots. Unfortunately, a suitable venue for direct contact between Belgrade and Pristina needs to be found. Pristina is ready, at least in principle, but Belgrade is not. One area where the Kosovo authorities could act more swiftly, without precondition, and likely to their own long-term benefit, is the resolution of outstanding property claims. The resolution of property claims is a major hindrance to the return of displaced persons, and it holds up legal usage of property even when a return is unlikely. In some cases at least, displaced Serbs and others may only wish to get their property back so they can sell it. While there may be solid reasons for wanting to encourage displaced persons to return to Kosovo -- and some efforts to do this were underway in December – ultimately each individual needs only the opportunity to make a free choice. To do this, those with outstanding property claims need to have their cases resolved. The issue of property claims came up repeatedly in meetings, and seems a greater issue than security and freedom of movement at present. Some hope the EULEX deployment could provide a second chance for property restitutions and returns. Both sides, but especially some Kosovo leaders who formerly fought with the Kosovo Liberation Army (KLA), could probably also help facilitate the resolution of more missing persons cases, of which just under 2,000 remain. While there has been success in bringing government representatives and surviving family members together under international auspices, local efforts to help locate grave sites appear to be half-hearted, at best. It is unlikely that progress in this area will enhance community reconciliation efforts in any major way, but a positive signal to do more could lead to a broadening of dialogue on other issues. Ultimately, this remains a humanitarian issue that deserves additional effort no matter what. At present, Kosovo authorities seem committed to implementing the Ahtsaari plan in its entirety. Relevant laws have been passed, and those involved in developing local self-government seem committed to implementation. The real test, of course, will come when the Kosovo Serbs decide to respond and engage and are able to do so without worry of retribution from Belgrade. One local analyst noted that developing the necessary trust between the two sides will be a process, and should be taken one step at a time rather than pushed. The Plight of Roma in the North A continual concern to the Helsinki Commission has been the plight of displaced Roma in northern Mitrovica, most of whom fled their original neighborhood, or mahalla, which was destroyed in 1999. Growing criticism of the conditions in the camps, particularly the health hazards caused by lead contamination, finally convinced the international community in 2005 first to establish a temporary relocation facility that was safer and to make a concentrated effort to rebuild housing where the original mahalla in the south was located. Romani families resisted the move, due to warranted lack of trust in the international community and a lack of awareness of how severe the health threat really was. Local Serbian leaders as well as Romani community leaders living elsewhere in Europe, however, originally also did much to discourage the move, both benefiting from a situation in which successful returns did not take place. Commission staff visited the last of the original camps, Cesmin Lug, as well as the new camp adjacent to it, a former KFOR base known as Osterode. They also visited the original mahalla, which had additional apartment buildings and some private houses constructed since the last Commission visit in May 2007. Despite the availability of housing, residents of the camps continue to resist moving, despite continued concerns about health conditions. Local Serbian leaders, who now want the land where Osterode is located, seem no longer to be discouraging the move, and Roma living abroad likewise seem to have less influence on the situation. Security for Roma in the south, once a concern, seems less so now. Those who remain in the camps seem primarily motivated by a continued distrust of the international community as well as lingering hopes for a better offer. The inability of the local economy to provide income, particularly in the south, also plays a significant role, as does the desire to keep children in Serb-run schools, despite being segregated into separate classes. Meanwhile, there is increasing pressure from foreign governments to prioritize the resettling of Kosovo Roma they intend to deport, rather than those displaced in Kosovo and living in camps. It is clear that, while there has been some progress on this issue, a limited set of additional options will need to be considered to resolve the situation, including the possibility of permanent resettlement in the north.

  • Srebrenica: Confronting the Past, While Embracing the Future

    By Cliff Bond, Senior Advisor (Note: The author, a member of the Helsinki Commission staff, was made available to the international community's High Representative in Bosnia and Herzegovina to serve as an envoy on issues relating to Srebrenica. This article reports on his experiences and his thoughts about the future of this community.) As I conclude my one-year mandate as Envoy in Srebrenica, I wanted to share some thoughts about this community and Bosnia’s future. The commemoration of the thirteenth anniversary of the Srebrenica genocide on July 11 was marked by a solemn ceremony and the burial of more than three hundred victims at the Srebrenica-Potocari Cemetery and Memorial Center. The remains of these victims had recently been identified through DNA-testing by the International Commission on Missing Persons. That ceremony and the continued search to find and identify the victims of genocide underscore the importance of the local and international authorities working constructively together to provide support to Srebrenica. The end of my mandate is not the end of international engagement there. The Office of the High Representative and the American Embassy in particular will remain active on the ground. Much more needs to be done, but I believe over the past year Srebrenica has begun to move in a positive direction. Of course, Srebrenica will remain a sensitive and potent factor in the political life of Bosnia and Herzegovina. Political leaders acted wisely in early May to adopt a one-time amendment of the election law so as to permit Srebrenica’s pre-war residents to vote in the municipality at the October local elections. Because of changes in voter registration procedures many former residents, who now live outside the community, would not have been able to cast an absentee ballot. This would have assured a victory and control in the municipality to Bosnian Serb parties. This is an outcome that many saw as an unacceptable confirmation of the war-time policies of ethnic cleansing and genocide. The change in the election law is an appropriate step; it empowers Srebrenica’s survivors, and rightly so. Political parties must now respond by nominating competent candidates for municipal office – people who can work to unite Srebrenica’s citizens. Amending the election law is not in itself a long-term solution to the political challenges facing Srebrenica, nor does it create enduring conditions for Serbs and Bosniaks to feel that they have a common future in this municipality. One idea that has been discussed by local authorities is a change in the municipal statute - not to give Srebrenica “special legal status” outside the Republika Srpska (RS), but to introduce procedures for consensus decision-making in the work of the municipal assembly. This can be done in ways that conform to existing law. While such a change may be difficult to adopt during an election period, it deserves further consideration. Srebrenica’s problems can only be addressed on the basis of dialogue; they cannot be addressed through confrontation. In an important step, local community leaders, with the support of the RS government, have been discussing the establishment of a Dialogue Center in Srebrenica. Such a Center could serve as a permanent, independent forum for inter-ethnic communication and attempts at reconciliation. The idea should receive international support. Srebrenica’s authorities are currently searching for an NGO that can assist them in developing a concept and strategy for establishing the Center. Last September the state-level Council of Ministers approved an $8.3 million package of infrastructure and other support for the municipality. Unfortunately, there were delays in its implementation. These were related to the limited capabilities of the municipality to carry out project design and other required technical procedures on these projects. The package is finally being realized. As these difficulties are overcome and as these monies are spent effectively, there is a prospect of further funding by the Council of Ministers. The RS and the Federation, the two sub-entities recognized in the Dayton Peace Accords, are also considering additional investment in the community. Srebrenica’s future can best be secured through economic development. International donors must continue to coordinate their assistance efforts and ensure that these programs have a visible impact that addresses the community’s priorities. The key to creating more economic opportunity in Srebrenica is private investment and job creation. I am happy to report that USAID has appointed a full-time business consultant, resident in Srebrenica, who will work with the municipality to promote new business and follow up on the Investment Conference that was organized last November for the municipality. Developing the region’s natural resources, particularly the mineral waters of the Crni Guber Spa, and promoting cross border trade in agriculture should be priorities. This is why we are working to open a border crossing at Skelani on the Drina River for seasonal trade in agricultural goods. This would make Srebrenica a bridge to wider economic cooperation with Serbia and the Balkans. Srebrenica’s future also depends on the provision of justice. The apprehension of Radovan Karadzic by Serb authorities earlier this week is an important step. Hopefully, he will be rendered to the Hague Tribunal in the very near future. The delay in his capture and the failure of local and regional authorities to apprehend other indicted war criminals, such as Ratko Mladic, and the late start in investigating persons on the so-called “Srebrenica List,” a purported list of RS police and military officials present in Srebrenica in July 1995, will continue to hamper efforts at reconciliation in Bosnia and throughout the region. This is why the Peace Implementation Council, the body supervising implementation of the Dayton Accords, has insisted that Bosnia at last develop an effective National War Crimes Strategy that sets clear standards and priorities for investigating and prosecuting war crimes. We, both local and international authorities, have common responsibility to accomplish these steps as quickly as possible. Together we can help the residents of Srebrenica confront the past and in doing so help them to embrace the future.

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