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Chairman Smith Introduces Bipartisan, Bicameral Bill to Aid Holocaust Survivors

Senators Baldwin, Rubio and Representatives Smith, Crowley Introduce Bill to Help Holocaust Survivors and Families of Victims
Thursday, July 07, 2016

WASHINGTON—U.S. Senators Tammy Baldwin (D-WI) and Marco Rubio (R-FL) and U.S. Representatives Chris Smith (R-NJ) and Joe Crowley (D-NY) today introduced the Justice for Uncompensated Survivors Today (JUST) Act. This bipartisan and bicameral bill will improve efforts to assist Holocaust survivors and the families of Holocaust victims by requiring the State Department to report on the progress of certain European countries on the return of, or restitution for, wrongfully confiscated or transferred Holocaust-era assets.

“Holocaust survivors—witnesses to the brutal murders, torture and heartless thievery of the Nazis and their accomplices—continue to be cheated and defrauded, inexplicably, as they fight for the rightful return of their stolen property,” said Rep. Smith, who chairs the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission. “This bill will help survivors get justice instead of excuses from their governments.”

“We urgently need an improved public accounting of other countries’ efforts to address Holocaust-era property restitution issues,” said Senator Baldwin. “Tragically, we are losing survivors every day, and it is my sincere hope that this legislation, by shining a spotlight and solidifying this issue as an American foreign policy priority, will spur action in countries that are falling short of their obligations, ultimately resulting in a measure of justice for these individuals who have waited far too long.”

“I am pleased to be the lead Republican sponsor of this important bipartisan legislation which, if passed, will play a critical role in ensuring that Holocaust-era property restitution is finally realized,” said Senator Marco Rubio. “Seventy years after this dark chapter in human history, the restitution of Jewish communal, private and heirless property in Central and Eastern Europe, illegally confiscated by the Nazis and their collaborators during World War II, remains a largely unresolved issue and a source of lasting pain for many Holocaust survivors and their heirs. American leadership in addressing this injustice is vital, which is precisely what this legislation will provide. I join Senator Baldwin in pressing for swift passage of this measure.”

“Several decades removed from the horrors of the Holocaust, a substantial amount of Jewish-owned property still hasn’t been returned to their rightful owners, nor have they been compensated. This is unacceptable,” said Rep. Crowley, Vice Chair of the Democratic Caucus. “It’s important that we do what we can to ensure European governments are keeping their word, and I’m proud to join my colleagues in this legislation that will put us one step closer to bringing justice to Holocaust victims, survivors, and their families.”

Seventy years after the Holocaust, in which the unprecedented looting of Jewish assets was a central aspect, the restitution of Jewish communal, private, and heirless property in Central and Eastern Europe remains unresolved. Indeed, decades after the Holocaust and the fall of Communism, most formerly Jewish-owned, real properties confiscated by the Nazis and their collaborators have not been returned, nor has compensation been provided to the rightful owners or their heirs.

The JUST Act will build on the international Terezin Declaration on Holocaust Era Assets and Related Issues of 2009, which affirms that the protection of property rights is an essential component of a democratic society based on the rule of law and recognizes the importance of restituting or compensating Holocaust-related confiscations made during the Holocaust-era between 1933-45. Unfortunately, many nations that endorsed this declaration, including many of our NATO allies, have not fully addressed the restitution of Jewish communal, private and heirless property.

The JUST Act permanently amends current law to require the State Department to report on certain countries’ compliance with and progress toward the goals of the 2009 Terezin Declaration on Holocaust Era Assets, as well as on what actions those countries are taking to resolve the claims of U.S. citizens. This will enhance on-going U.S. efforts to urge Central and Eastern European countries to achieve progress on this issue and will help build on America’s commitment to ensuring justice for Holocaust victims and their families.

“Holocaust-era property restitution provides a measure of justice to victims and their families, and to surviving Jewish communities, for the violation of their basic human rights. The JUST Act would encourage countries around the globe to live up to the existing international consensus they endorsed in 2009,” said Abraham Biderman, co-chairman of the World Jewish Restitution Organization's Executive Committee.

“We commend Sens. Baldwin and Rubio for helping advance America’s leadership in the fight for justice for Holocaust victims and for the restitution of Holocaust era property.  It is critical to spotlight how countries are fulfilling property restitution commitments and to hold them accountable if they fail to do so.  Enshrining this as a priority of America’s human rights reporting provides another diplomatic tool to enhance the vital efforts of the Office of the Special Envoy for Holocaust Issues,” said Stacy Burdett, Vice President, Government Relations, Advocacy & Community Engagement, Anti-Defamation League.

“Seventy years after the end of World War II and twenty-five years since democracy has been restored to the nations of Central and Eastern Europe there can no longer be any excuse for delaying the restitution of Holocaust-era properties to their rightful owners. We hope this legislation will push those governments to finally act,” said Rabbi Andrew Baker, Director, International Jewish Affairs, AJC.

The JUST Act has received strong support from organizations across the country including World Jewish Restitution Organization (WJRO), American Jewish Committee (AJC), Anti-Defamation League (ADL), J Street, Jewish Federations of North America (JFNA), B’nai B’rith International, HIAS refugee assistance organization, Milwaukee Jewish Federation and the Jewish Home and Care Center Foundation in Milwaukee.

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
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  • 2008 Human Dimension Implementation Meeting

    The OSCE’s 2008 Human Dimension Implementation Meeting offered an opportunity to review compliance on a full range of human rights and humanitarian commitments of the organization’s participating States. Tolerance issues featured prominently in the discussions, which included calls for sustained efforts to combat anti-Semitism and other forms of discrimination. A U.S. proposal for a high-level conference on tolerance issues in 2009, however, met with only tepid support. Core human rights issues, including freedom of speech and freedom of religion, continued to draw large numbers of speakers. Throughout the discussions, non-governmental organizations (NGOs) expressed concern about Kazakhstan’s failure to implement promised reforms and questioned its readiness to serve as OSCE Chair-in-Office in 2010. Greece, slated to assume the chairmanship in January, came under criticism for its treatment of ethnic minorities. As in the past, the United State faced criticism for retaining the death penalty and for its conduct in counter-terrorism operations. Belarusian elections, held on the eve of the HDIM, came in for a round of criticism, while Russia continued to advocate proposals on election observation that would significantly limit the OSCE’s independence in such activities. Finally, discussion of the Russia-Georgia conflict was conspicuous by its near absence, though related human rights and humanitarian concerns will likely receive more prominence in the lead up to and during the December OSCE Ministerial in Helsinki. Background From September 29 to October 10, 2008, the OSCE participating States met in Warsaw, Poland, for the annual(1) Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest human rights gathering, convened to discuss compliance by the participating States with the full range of human dimension commitments they have all adopted by consensus. The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), according to an agenda approved by consensus of all 56 participating States. The HDIM is the only multinational human rights meeting in Europe where representatives of NGOs and government representatives have equal access to the speakers list. Indeed, over half of the statements delivered at this year’s HDIM were made by NGO representatives. Such implementation review meetings are intended to serve as the participating States’ principal venue for public diplomacy and are important vehicles for identifying continued areas of poor human rights performance. Although the HDIM is not tasked with decision-making responsibilities, the meetings can provide impetus for further focus on particular human dimension concerns and help shape priorities for subsequent action. Coming in advance of ministerial meetings that are usually held in December, the HDIMs provide an additional opportunity for consultations among the participating States on human dimension issues that may be addressed by Ministers. (This year, for example, there were discussions on the margins regarding a possible Ministerial resolution on equal access to education for Roma and advancing work in the field of tolerance and non-discrimination, including the possibility of convening a related high-level meeting in 2009.) OSCE rules, adopted by consensus, allow NGOs to have access to human dimension meetings. However, this general rule does not apply to “persons and organizations which resort to the use of violence or publicly condone terrorism or the use of violence.”(2) There are no other grounds for exclusion. The decision as to whether or not a particular individual or NGO runs afoul of this rule is made by the Chairman-in-Office. In recent years, some governments have tried to limit or restrict NGO access at OSCE meetings in an effort to avoid scrutiny and criticism of their records. This year, in the run up to the HDIM, Turkmenistan held the draft agenda for the meeting hostage, refusing to give consensus as part of an effort to block the registration of Turkmenistan NGOs which have previously attended the implementation meetings and criticized Ashgabat. Turkmenistan officials finally relented and allowed the adoption of the HDIM agenda in late July, but did not participate in the Warsaw meeting. Along these lines, the Russian delegation walked out in protest when the NGO “Russian-Chechen Friendship Society” took the floor to speak during a session on freedom of the media. At the 2008 HDIM, senior Department of State participants included Ambassador W. Robert Pearson, Head of Delegation; Ambassador Julie Finley, Head of the U.S. Mission to the OSCE; Ambassador Karen Stewart, Principal Deputy Assistant Secretary of State for Democracy, Human Rights and Labor; and Mr. Bruce Turner, Acting Director, Office for European Security and Political Affairs. Mr. Will Inboden, advisor on religious freedom issues, and Mr. Nathan Mick, advisor on Roma issues, served as Public Members. Ms. Felice Gaer, Chair of the U.S. Commission on Religious Freedom, and Mr. Michael Cromartie, Vice Chair, also served as members of the delegation. Helsinki Commission Chief of Staff Fred L. Turner and Senior State Department Advisor Ambassador Clifford Bond also served as members of the U.S. Delegation, along with Helsinki Commission staff members Alex T. Johnson, Ronald J. McNamara, Winsome Packer, Erika B. Schlager, and Dr. Mischa E. Thompson. In comparison with previous HDIMs, the 2008 meeting was relatively subdued – perhaps surprisingly so given that, roughly eight weeks before its opening, Russian tanks had rolled onto Georgian territory. While the full scope of human rights abuses were not known by the time the meeting opened, human rights defenders had already documented serious rights violations, including the targeting of villages in South Ossetia inhabited by ethnic Georgians. Nevertheless, discussion of the Russian-Georgian conflict was largely conspicuous by its near absence. Highlights The annual HDIM agenda provides a soup-to-nuts review of the implementation of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. The United States continued its longstanding practice of naming specific countries and cases of concern. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. This year, those subjects were: 1) education and awareness-raising in the promotion of human rights; 2) freedom of religion or belief; and 3) focus on identification, assistance and access to justice for the victims of trafficking. Of the three, the sessions on religious liberty attracted the most speakers with over 50 statements. A large number of side events were also part of the HDIM, organized by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States. These side events augment implementation review sessions by providing an opportunity to examine specific subjects or countries in greater depth and often with a more lively exchange than in the formal sessions. Along with active participation at these side events, the United States held extensive bilateral meetings with government representatives, as well as with OSCE officials and NGO representatives. At the end of the second week of the HDIM, Human Rights Directors from capitals also held a working meeting to discuss issues of mutual concern, with a special focus on United Nations Security Council Resolution 1325, on women, peace and security. This year, the U.S. Commission on International Religious Freedom also hosted a reception to honor the OSCE Panel of Experts on Freedom of Religion or Belief, as well as the tenth anniversary of the U.S. International Religious Freedom Act and the 60th anniversary of the UN Declaration of Human Rights. Greece, scheduled to assume the chairmanship of the OSCE starting in January 2009, came under particular criticism for its treatment of minorities. Unlike the highly emotional reactions of senior Greek diplomats in Warsaw two years ago, the delegation this year responded to critics by circulating position papers elaborating the Greek government’s views. Greece also responded to U.S. criticism regarding the application of Sharia law to Muslim women in Thrace by stating that Greece is prepared to abolish the application of the Sharia law to members of the Muslim minority in Thrace when this is requested by the interested parties whom it affects directly. Issues relating to the treatment of ethnic, linguistic and religious minorities in the OSCE region are likely to remain an important OSCE focus in the coming period, especially in light of developments in the Caucasus, and it remains to be seen how the Greek chairmanship will address these concerns in light of its own rigid approach to minorities in its domestic policies. Throughout the HDIM, many NGOs continued to express concern about the fitness of Kazakhstan to serve as OSCE Chair-in-Office in 2010 given serious short comings in that country’s human rights record. In particular, Kazakhstan was sharply criticized for a draft religion law (passed by parliament, but not yet adopted into law). One NGO argued that a Kazakhstan chairmanship, with this law in place, would undermine the integrity of the OSCE, and urged participating States to reconsider Kazakhstan for the 2010 leadership position if the law is enacted. Juxtaposing Kazakhstan’s future chairmanship with the possible final passage of a retrograde law on religion, the Almaty Helsinki Committee asked the assembled representatives, “Are human rights still a priority – or not?” (Meanwhile, on October 5, Secretary of State Condoleezza Rice visited Kazakhstan.) On the eve of the HDIM, Belarus held elections. Those elections received considerable critical attention during the HDIM’s focus on democratic elections, with the United States and numerous others expressing disappointment that the elections did not meet OSCE commitments, despite promises by senior Belarusian officials that improvements would be forthcoming. Norway and several other speakers voiced particular concern over pressures being placed on ODIHR to circumscribe its election observation activities. Illustrating those pressures, the Russian Federation reiterated elements of a proposal it drafted on election observation that would significantly limit the independence of ODIHR in its election observation work. The Head of the U.S. Delegation noted that an invitation for the OSCE to observe the November elections in the United States was issued early and without conditions as to the size or scope of the observation. (Russia and others have attempted to impose numerical and other limitations on election observation missions undertaken by the ODIHR and the OSCE Parliamentary Assembly.) Tolerance issues featured prominently during discussions this year, as they have at other recent HDIMs. Forty-three interventions were made, forcing the moderator to close the speakers list and requiring presenters to truncate their remarks. Muslim, migrant, and other groups representing visible minorities focused on discrimination in immigration policies, employment, housing, and other sectors, including racial profiling and hate crimes, amidst calls for OSCE countries to improve implementation of existing anti-discrimination laws. Jewish and other NGOs called for sustained efforts to combat anti-Semitism. Representatives of religious communities expressed concern about the confusion made by ODIHR in its Annual Hate Crimes Report between religious liberty issues and intolerance towards members of religious groups. This year, some governments and NGOs elevated their concerns relating to gay, lesbian, bisexual and transgender persons, increasingly placing these concerns in the context of the OSCE’s focus on hate crimes. A civil society tolerance pre-HDIM meeting and numerous side events were held on a broad range of tolerance-related topics. The United States and several U.S.-based NGOS called for a high-level conference on tolerance issues to be held in 2009. Unlike in prior years, however, no other State echoed this proposal or stepped forward with an offer to host such a high-level conference. In many of the formal implementation review sessions this year, NGOs made reference to specific decisions of the European Court on Human Rights, urging governments to implement judgments handed down in recent cases. During the discussion of issues relating to Roma, NGOs continued to place a strong focus on the situation in Italy, where Roma (and immigrants) have been the target of hate crimes and mob violence. NGOs reminded Italy that, at the OSCE Supplementary Human Dimension Meeting in July, they had urged Italy to come to the HDIM with concrete information regarding the prosecution of individuals for violent attacks against Roma. Regrettably, the Italian delegation was unable to provide any information on prosecutions, fostering the impression that a climate of impunity persists in Italy. As at other OSCE fora, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among the OSCE participating States. Of the 56 OSCE participating States, 54 have abolished, suspended or imposed a moratorium on the death penalty and only two – the United States and Belarus – continue to impose capital punishment as a criminal sanction. Two side events held during the HDIM also put a spotlight on the United States. The first event was organized by Freedom House and entitled, “Today’s American: How Free?” At this event, Freedom House released a book by the same title which examined “the state of freedom and justice in post-9/11 America.” The second event was a panel discussion on “War on Terror or War on Human Rights?” organized by the American Civil Liberties Union. Speakers from the ACLU, Amnesty International and the Polish Human Rights Foundation largely focused on issues relating to the United States, including the military commission trials at Guantanamo, and official Polish investigations into allegations that Poland (working with the United States) was involved in providing secret prisons for the detention and torture of “high-value” detainees.(3) In a somewhat novel development, Russian Government views were echoed by several like-minded NGOs which raised issues ranging from claims of “genocide” by Georgia in South Ossetia to grievances by ethnic Russians in Latvia and Estonia. Ironically, the Russian delegation, in its closing statement, asserted that this year’s HDIM had an “improved atmosphere” due (it was asserted) to the efforts by both governments and NGOs to find solutions to problems rather than casting blame. As at past HDIMs, some sessions generated such strong interest that the time allotted was insufficient to accommodate all those who wished to contribute to the discussion. For example, the session on freedom of the media was severely constrained, with more than 20 individuals unable to take the floor in the time allotted, and several countries unable to exercise rights of reply. Conversely, some sessions – for example, the session on equal opportunity for men and women, and the session on human dimension activities and projects – had, in terms of unused time available, an embarrassment of riches. Following a general pattern, Turkmenistan was again not present at the HDIM sessions this year.(4) In all, 53 participating States were represented at the meeting. At the closing session, the United States raised issues of particular concern relating to Turkmenistan under the “any other business” agenda item. (This is the sixth year in a row that the United States has made a special statement about the situation in Turkmenistan, a country that some view as having the worst human rights record in the OSCE.) For the past two years, there has been a new government in Turkmenistan. The U.S. statement this year noted some positive changes, but urged the new government to continue the momentum on reform by fully implementing steps it already has begun. In addition, the United States called for information on and access to Turkmenistan’s former representative to the OSCE, Batyr Berdiev. Berdiev, once Turkmenistan’s ambassador to the OSCE, was reportedly among the large number of people arrested following an attack on then-President Niyazov’s motorcade in 2002. His fate and whereabouts remain unknown. OSCE PA President João Soares addressed the closing plenary, the most senior Assembly official to participate in an HDIM meeting. The Russian-Georgian Conflict With the outbreak of armed violence between Russia and Georgia occurring only two months earlier, the war in South Ossetia would have seemed a natural subject for discussion during the HDIM. As a human rights forum, the meeting was unlikely to serve as a venue to debate the origins of the conflict, but there were expectations that participants would engage in a meaningful discussion of the human dimension of the tragedy and efforts to stem ongoing rights violations. As it turned out, this view was not widely shared by many of the governments and NGOs participating in the meeting. The opening plenary session foreshadowed the approach to this subject followed through most of the meeting. Among the senior OSCE officials, only High Commissioner on National Minorities Knut Vollebaek squarely addressed the situation in the south Caucasus. Vollebaek condemned the19th century-style politicization of national minority issues in the region and the violation of international borders. At the time of the crisis, he had cautioned against the practice of “conferring citizenship en masse to residents of other States” (a reference to Russian actions in South Ossetia) and warned that “the presence of one's citizens or ‘ethnic kin’ abroad must not be used as a justification for undermining the sovereignty and territorial integrity of other States.” Sadly, that sound advice went unobserved in Georgia, but it is still applicable elsewhere in the OSCE region.(5) The statement delivered by France on behalf of the countries of the European Union failed to address the conflict. During the plenary, only Norway and Switzerland joined the United States in raising humanitarian concerns stemming from the conflict. In reply, the head of the Russian delegation delivered a tough statement which sidestepped humanitarian concerns, declaring that discussion of Georgia’s territorial integrity was now “irrelevant.” He called on participating States to adopt a pragmatic approach and urged acknowledgment of the creation of the new sovereign states of Abkhazia and South Ossetia, terming their independence “irreversible” and “irrevocable.” Perhaps more surprising than this Russian bluster was the failure of any major NGO, including those who had been active in the conflict zone collecting information and working on humanitarian relief, to take advantage of the opportunity to raise the issue of South Ossetia during the opening plenary. As the HDIM moved into its working sessions, which cover the principal OSCE human dimension commitments, coverage of the conflict fared better. The Representative on Freedom of the Media remarked, in opening the session on free speech and freedom of the media that, for the first time in some years, two OSCE participating States were at war. During that session, he and other speakers called on the Russian Federation to permit independent media access to occupied areas to investigate the charges and counter-charges of genocide and ethnic cleansing. The tolerance discussion included calls by several delegations for Russia to cooperate and respond favorably to the HCNM’s request for access to South Ossetia to investigate the human rights situation in that part of Georgia. Disappointingly, during the session devoted to humanitarian commitments, several statements, including those of the ODHIR moderator and EU spokesperson, focused narrowly on labor conditions and migration, and failed to raise concerns regarding refugees and displaced persons, normally a major focus of this agenda item and obviously relevant to the Georgia crisis. Nevertheless, the session developed into one of the more animated at the HDIM. The Georgian delegation, which had been silent up to that point, spoke out against Russian aggression and alleged numerous human rights abuses. It expressed gratitude to the European Union for sending monitors to the conflict zone and urged the EU to pressure Russia to fully implement the Six-Point Ceasefire agreement negotiated by French President Sarkozy. The United States joined several delegations and NGOs calling on all parties to the conflict to observe their international obligations to protect refugees and create conditions for their security and safe voluntary return. In a pattern observed throughout the meeting, the Russian delegation did not respond to Georgian charges. It left it to an NGO, “Ossetia Accuses,” to make Russia’s case that Georgia had committed genocide against the people of South Ossetia. A common theme among many interventions was a call for an independent investigation of the causes of the conflict and a better monitoring of the plight of refugees, but to date Russian and South Ossetian authorities have denied both peacekeeping monitors and international journalists access to the region from elsewhere in Georgia. A joint assessment mission of experts from ODIHR and the HCNM, undertaken in mid-October, were initially denied access to South Ossetia, with limited access to Abkhazia granted to some team members. Eventually, several experts did gain access to the conflict zone in South Ossetia, though to accomplish this they had to travel from the north via the Russian Federation. One can only speculate why Georgia received such limited treatment at this HDIM. The crisis in the south Caucasus had dominated OSCE discussions at the Permanent Council in Vienna for weeks preceding the HDIM. Some participants may have feared that addressing it in Warsaw might have crowded out the broader human rights agenda. Others may have felt that, in the absence of a clear picture of the circumstances surrounding the conflict and with so many unanswered questions, it was best not to be too critical or too accusatory of either party. The EU (and particularly the French) were, at the time of the HDIM, in the process of negotiating the deployment of European observers to the conflict zone, and may have feared that criticism of Russia at this forum would have only complicated the task. In fact, the EU’s only oblique reference to Georgia was made at HDIM’s penultimate working session (a discussion which focused on human dimension “project activity”) in connection with the work of High Commissioner for National Minorities. (One observer of this session remarked that there seemed to be a greater stomach for dinging the OSCE Office for Democratic Institutions and Human Rights for shortcomings in its work than for criticizing Russia for invading a neighboring OSCE participating State.) Finally, other participants, particularly NGOs, seemed more inclined to view human rights narrowly in terms of how governments treat their own citizens and not in terms of how the failure to respect key principles of sovereignty and territorial integrity are invariably accompanied by gross violations of human rights and can produce humanitarian disasters. Amid simmering tensions between Russia and Georgia which could erupt into renewed fighting, and completion of a report requested by the Finnish Chairmanship in time for the OSCE’s Ministerial in Helsinki in early December, Ministers will have to grapple with the impact of the south Caucasus conflict and what role the OSCE will have. Beyond Warsaw The relative quiet of the HDIM notwithstanding, French President M. Nicolas Sarkozy put a spotlight on OSCE issues during the course of the meeting. Speaking at a conference in Evian, France, on October 8, he responded to a call by Russian President Dmitri Medvedev, issued in June during meetings with German Chancellor Angela Merkel, for a new “European Security Treaty” to revise Europe’s security architecture – a move seen by many as an attempt to rein in existing regional security organizations, including NATO and the OSCE. President Sarkozy indicated a willingness to discuss Medvedev’s ideas, but argued they should be addressed in the context of a special OSCE summit, which Sarkozy suggested could be held in 2009. The escalating global economic crisis was also very much on the minds of participants at the HDIM as daily reports of faltering financial institutions, plummeting markets, and capital flight promoted concerns over implications for the human dimension. Several delegations voiced particular concern over the possible adverse impact on foreign workers and those depending on remittances to make ends meet. Looking Ahead The human rights and humanitarian concerns stemming from the war in South Ossetia will likely come into sharper focus in the lead up to the December OSCE Ministerial in Helsinki as talks on the conflict resume in Geneva, and OSCE and other experts attempt to document the circumstances surrounding the outbreak of fighting and current conditions. The coming weeks can also be expected to bring renewed calls for an overhaul of the human dimension and the ODIHR by those seeking to curb attention paid to human rights and subordinate election monitoring activities. It remains to be seen whether Kazakhstan will fulfill the commitments it made a year ago in Madrid to undertake meaningful reforms by the end of this year. There is also the risk that a deepening economic crisis will divert attention elsewhere, even as the resulting fallout in the human dimension begins to manifest itself. It is unclear what priorities the Greek chairmanship will be set for 2009, a year that portends peril and promise. Notes (1) OSCE Human Dimension Implementation Meetings are held every year, unless there is a Summit. Summits of Heads of State or Government are preceded by Review Conferences, which are mandated to review implementation of all OSCE commitments in all areas (military-security, economic and environmental cooperation, and the human dimension). (2) Helsinki Document 1992, The Challenges of Change, IV (16). (3) Interestingly, at the session on human rights and counterterrorism, moderator Zbigniew Lasocik, member of the United Nations Subcommittee on Prevention of Torture, noted that Poland’s Constitutional Court had, the previous day, struck down a 2004 law that purported to allow the military to shoot down hijacked commercial aircraft – even if they were being used as weapons like the planes that killed thousands of people on 9/11. The Court reportedly reasoned that shooting down an aircraft being used as bomb would infringe on the constitutional protection of human life and dignity of the passengers. (4) Turkmenistan sent a representative to the HDIM in 2005 for the first time in several years. While responding to criticism delivered in the sessions, the representative appeared to focus more on monitoring the activities of Turkmen NGOs participating in the meeting. Turkmenistan subsequently complained that certain individuals who had been charged with crimes against the State should not be allowed to participate in OSCE meetings. Turkmenistan officials did not participate in the 2006 or 2007 HDIMs. Participation in the 2008 meeting would have been a welcome signal regarding current political developments. (5) The HCNM had previously expressed concern regarding Hungary’s overreach vis-a-vis ethnic Hungarian minorities in neighboring countries. In 2004, Hungary held a referendum on extending Hungarian citizenship to ethnic Hungarians abroad – an idea that still holds political currency in some quarters of Hungary – but the referendum failed due to low voter turnout.

  • Symposium Focused on Future of the OSCE

    By Janice Helwig, Policy Advisor The Embassy of Finland and the Center for Transatlantic Relations at John Hopkins University held a half-day symposium on October 15 to discuss the future of the OSCE. The symposium succeeded in laying out clearly the challenges currently facing the 56-state organization. There were, however, more questions than answers when it came to ideas on how to address those challenges. Participants in the symposium included the Secretary of State of Finland, prominent figures from OSCE’s past, academics, representatives of participating States, NGOs, and the Helsinki Commission. Finland currently holds the Chairmanship of the Vienna-based OSCE. At the outset of the meeting, there was an acknowledgement that Russia’s invasion of Georgia in early August altered the program originally envisioned by the Finnish chairmanship for the OSCE. Other issues raised included open challenges to core OSCE principles, values, and commitments; internal divisions and lack of consensus over what the organization should be doing; implications of a stronger and more active EU; and whether there is waning support for the OSCE in Washington. Rather than offering prescriptions for overcoming these challenges, many speakers instead underlined the challenges by reflecting their governments’ views of the OSCE. For example, the Russian speaker focused on President Medvedev’s June call for a new European security architecture and the need to reform the OSCE, a longstanding Moscow demand. U.S. State Department Assistant Secretary and Helsinki Commissioner David Kramer focused on the importance of implementing OSCE commitments on human rights, and the need for Kazakhstan to implement its Madrid reform promises in advance of its 2010 Chairmanship. The Kazakhstani speaker foreshadowed what could signal – for the U.S. at least – problematic views with serious implications for his country’s chairmanship, including questioning the validity and universal applicability of OSCE standards and commitments as well as raising doubt over the continued need for field missions. OSCE Secretariat representative Paul Fritch laid out frankly the challenges facing the OSCE today, and tried to start a discussion of how to address them. Early History of the Helsinki Process* The first panel focused on the history of the Helsinki Process, and featured U.S. Ambassador Max Kampelman (ret.), who had been active in the process in the 1980s, and Finnish Ambassador Markuu Reimaa, who recently published a book, Helsinki Catch, covering the negotiations leading up to the 1975 signing of the Helsinki Final Act. Ambassador Kampelman focused on his personal experiences and on the Madrid Meeting of the CSCE (1980-1983). He stressed that the CSCE was at that time the main framework for U.S.-Soviet dialogue and for reinforcing relations with NATO allies. Kampelman acknowledged the key role played by Commission staff throughout the Madrid Meeting. He then claimed to reveal a long-held secret that he had leveraged the Soviet desire to end the Madrid Meeting by securing permission for some 250,000 individuals - mostly Jews - to emigrate from the U.S.S.R. to Israel. Ambassador Reimaa cited the 1968 Soviet invasion of Czechoslovakia as a crucial event that opened the eyes of many in both the West and East. He said that the negotiations leading up to the Helsinki Final Act were successful partly because none of the countries (numbering 35 at the time) expected much to come of the process. He suggested that, within two years, the Soviets were questioning the wisdom of their involvement, but that the Helsinki Process was like “a fish trap”: once in, you could not get out. He stressed the importance of dialogue, noting that CSCE offered the only venue where meaningful talks continued during the frosty first half of the 1980’s. Strengths and Weaknesses The second panel focused on the current Finnish Chairmanship of the OSCE, and featured Finnish State Secretary Pertti Torstila and Professor Terrence Hopmann of Johns Hopkins University SAIS. Secretary Torstila said that OSCE’s relevance was proven most recently in connection with the conflict in Georgia, but serious challenges to it exist in today’s world. A consensus-based organization cannot be greater than the sum of its parts, and many OSCE States are weak in their commitment to core principles. Secretary Torstila acknowledged that the state-building begun in the aftermath of the collapse of the U.S.S.R. remains incomplete, and urged that the OSCE be used as a venue for dialogue. In addition, the OSCE must avoid getting dragged down by internal wrangling, as some other International Organizations have done. He related that the CiO believes that the OSCE needs to be more involved in settling conflicts, not just managing them after the fact. Torstila provided a disappointing update on talks on Georgia that had opened and abruptly closed earlier that day in Geneva. Professor Hopmann said that the OSCE is in deep crisis at this point, arguing that the U.S. and Russia must decide if they believe the OSCE is worthwhile or not. Hopmann went on at length about the weakness of the organization’s conflict prevention capacity and the need to look at the relationship between core principles like self-determination and territorial integrity. He was highly critical of the lack of U.S. support for the organization, quipping that Washington spent more on Iraq in one hour than on the OSCE for an entire year. Beyond dwindling resources, he cited the failure of the U.S. Secretary of State to attend an OSCE Ministerial since Colin Powell in 2003. (Helsinki will serve as the venue for the 2008 OSCE Ministerial in early December.) Hopmann appealed for the next administration to play a more active role in the OSCE. The third panel focused on the future of the OSCE. It featured Mr. Aleksandr Lukashevich from the Russian Embassy, Assistant Secretary of State and Helsinki Commissioner David Kramer, Kazakhstani Ambassador at Large for OSCE Askar Tazhiev, and Director of the Office of the OSCE Secretary General, Paul Fritch. Mr. Lukashevich gave what appeared to be a scripted presentation of Russian views of the OSCE. He argued that the organization has failed to take the shape of an integrated security architecture that Russia had hoped it would. Instead, each OSCE country pursues its own agenda and geographic splits result. No country should predominate in the OSCE, and there should not be any “spheres of influence” in the organization. He repeated Russian assertions that the OSCE needs legal status, as well as a treaty-based Charter defining its goals adopted at the same time; he insisted that the U.S. fear that a Charter would undermine existing OSCE commitments is unfounded. Notwithstanding the restrictive proposals Moscow has circulated over the past couple of years that would undermine OSCE election observation activities and seriously weaken the role of NGOs in the organization, he rejected the notion that Russia is seeking to weaken existing OSCE institutions, including the Office for Democratic Institutions and Human Rights (ODIHR). He insisted that Russia has a positive agenda in the OSCE and wants to give the organization a “second wind.” Moreover, Russian President Medvedev has proposed discussion of a treaty on European security that would be legally binding and that would lay out the role and obligations of States for the medium- to long-term. The new treaty should stress that all States are equal and that there should be uniform rules and legally binding security guarantees for all, as well as uniform interpretation and implementation of the treaty. Mr. Lukashevich floated a proposal for an international forum with the participation of all OSCE countries as well as leading International Organizations. He said Russia hopes that the proposal could be reflected in the upcoming Helsinki Ministerial. Assistant Secretary of State and Helsinki Commissioner David Kramer stressed the importance of implementation of existing OSCE human rights commitments. He said that the U.S. would oppose any efforts to dilute OSCE standards or undermine the organization’s effectiveness, including its election observation activities undertaken by ODIHR and the Parliamentary Assembly. Kramer pointed out that most of the criticism of the OSCE seems to be coming from those States where fundamental freedoms are facing the most challenges. He then turned to Kazakhstan and the reform program it committed to late last year in Madrid concerning its 2010 Chairmanship. Kramer said that the U.S. is prepared to help Kazakhstan make progress on its Madrid commitments. However, currently, human rights defenders, NGOs, and independent media in Kazakhstan are threatened. Concerning Georgia, he stressed that the Russian Federation is responsible for protecting persons remaining in South Ossetia and for maintaining public order in all areas effectively under Russian control. Kramer insisted that OSCE monitors must have unimpeded access to all areas of Georgia, including South Ossetia. Kazakhstani Ambassador-at-Large for OSCE Askar Tazhiev’s statement raised serious questions about how his country might run its 2010 Chairmanship. Tazhiev stressed that there should be no blind adherence to OSCE commitments; rather, cultural differences and national particularities must be taken into account. Echoing long-standing Russian claims, he said the three dimensions of the OSCE – political/military, economic and environmental, and human - are imbalanced. There is too much emphasis on the human dimension and that should be fixed. Tazhiev reiterated Kazakhstan’s promise made in Madrid not to support efforts to weaken ODIHR or election observation, but at the same time endorsed Russian proposals concerning “strengthening” OSCE election observation. (Note: Russian initiatives would eviscerate election observation, for example by giving any country a virtual veto over every aspect of the process, including the evaluation of the conduct of the election.) He said that the effectiveness of OSCE field missions is in doubt, and many host countries – particularly those in Central Asia – feel their views are not being taken into account and are therefore questioning the further need for those missions. Finally, he noted that Kazakhstan supports Russia’s view that the OSCE needs a convention giving it legal personality as well as a Charter, adopted simultaneously. The Director of the Office of the OSCE Secretary General, Paul Fritch, gave a thoughtful overview of where the OSCE currently stands, and asked a series of questions (though not providing answers). In the 1990s, there was a unique and historic consensus within the organization. While some States view that period as the Golden Age, others view it as a time of humiliation. Consensus is now wearing thin in all three dimensions, and it is not in style to be a “country in transition.” The situation has changed dramatically, particularly with developments in Kosovo and Georgia. There is now open military confrontation in the OSCE region, between Georgia and Russia. There are also diverging views on energy and water resources which could lead to future conflicts. It is the first time that participating States are openly challenging the validity of OSCE commitments, and universal interpretation of them is yielding to local variations. At the same time that cohesion within the OSCE is eroding, external challenges are growing in scope and complexity. Relations with other International Organizations are changing as NATO expands and the EU becomes active in more areas. Fritch then threw out several good questions. How can the OSCE promote implementation of its values when some States openly challenge them (despite the fact that they were adopted on the basis of consensus)? Do OSCE mechanisms to deal with political military challenges need to be updated? What role can the OSCE play outside its geographical area? Will the OSCE take up Medvedev and Sarkozy’s proposal for a new security architecture and an OSCE summit in 2009? Now that the EU makes up half of the OSCE participating States, how will the two organizations divide their activities? In the discussion that followed, U.S. Ambassador Julie Finley rejected Terry Hopmann’s characterization of waning U.S. interest in the OSCE. In response to Russia, she stressed that actions speak louder than words. While recent Russian words have been lovely, corresponding actions have not. Picking up on the issue of legal personality raised by several speakers, she said that as soon as the U.S. had compromised and agreed to a limited legal convention, Russia reneged on the deal and began demanding that a treaty-based Charter be adopted at the same time. She asserted that Russia constantly moves the goalposts, and that is not constructive. The OSCE should look to the future and expand its activities, perhaps by bringing Libya, Syria, and Lebanon in as Mediterranean Partners for Cooperation. Spencer Oliver, Secretary General of the OSCE Parliamentary Assembly and former Commission Chief of Staff, drew on his extensive experience in the Helsinki Process dating back to the mid-1970s. He stressed the critical precedents set by the U.S. at the Belgrade Follow-up Meeting (1977-78) of naming names and being specific about human rights violations. Oliver credited Arthur J. Goldberg for his leadership of the U.S. delegation at Belgrade and commended the role played by Griffin Bell, appointed by President Carter to head the U.S. delegation at the opening of the Madrid Follow-up Meeting in 1980. Max Kampelman served under Bell until Ronald Reagan appointed him to lead the delegation through the end of the Madrid Meeting (1983). Oliver pointed out the irony that the OSCE, an organization promoting transparency, often operates behind closed doors. *encompassing the original Conference on Security and Cooperation in Europe (CSCE) and its successor since January 1, 1995, the Vienna-based Organization for Security and Cooperation in Europe (OSCE).

  • The Role of OSCE Institutions in Advancing Human Rights and Democracy

    This hearing discussed the role of OSCE institutions in advancing human rights and democracy, highlighting the role of the United States. The United States was mentioned as a leading force of democracy promotion and protection of human rights. However, the witnesses mentioned certain issues like Guantanamo, Abu Ghraib, rendition flights, and detention centers that suggest double-standards. The discussion centered on the importance of inclusive voice in government and the need to find a way to build pluralism into single-party developing democracies by establishing political parties that can be competitive, that can be critical of governments and that can bring new ideas and fresh faces into their government.

  • 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.

  • Briefing on the Medical Evidence of Torture by U.S. Personnel

    Congressman Alcee L. Hastings (D-FL), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), held a briefing with Physicians for Human Rights (PHR), regarding the medical evidence of torture of detainees by U.S. personnel in Iraq, Afghanistan, and Guantanamo Bay.  Representatives of PHR presented their recently released report entitled, “Broken Laws, Broken Lives,” in which they documented individual cases of torture, the impact on detainees and made recommendations based on the findings of their investigation.

  • Racism in the 21st Century: Understanding Global Challenges and Implementing Solutions

    This hearing was one in a series focused on efforts to combat intolerance in the OSCE region.  In spite of initiatives to address racism around the world, there have been worrying developments that warrant an increased focus on this issue.  The witnesses discussed the shift from a focus on racism and xenophobia to one on migration and integration.  Several witnesses expressed concern that this ignored the diversity of many European countries.  

  • Guantanamo Detainees after Boumediene: Now What?

    The hearing reviewed the detainee-related policy issues – particularly for Guantanamo detainees -- that remain in the aftermath of the Supreme Court’s recent decision in Boumediene. Witnesses also had the opportunity to discuss a related question: what does Europe do with its terror suspects, and are there any lessons for the United States from the European experience? The Supreme Court ruled in a 5-4 decision in Boumediene v. Bush that foreign terrorism suspects held at the Guantanamo Bay detention facility have the right under the Constitution to challenge their detention in a U.S. civilian court.

  • Combating Sexual Exploitation of Children: Strengthening International Law Enforcement Cooperation

    The hearing examined current practices for sharing information among law enforcement authorities internationally and what concrete steps can be taken to strengthen that cooperation to more effectively investigate cases of sexual exploitation of children, including child pornography on the Internet. Despite current efforts, sexual exploitation of children is increasing globally. The use of the Internet has made it easier for pedophiles and sexual predators to have access to child pornography and potential victims. In May, the Senate Judiciary Committee passed the Combating Child Exploitation Act of 2008 (S.1738), which will allocate over one billion dollars over the next eight years to provide Federal, state, and local law enforcement with the resources and structure to find, arrest, and prosecute those who prey on our children.

  • The Forgotten: Iraqi Allies Failed by the U.S.

    The briefing focused on the efforts of "The List: Project to Resettle Iraqi Allies," a non-profit organization that helps resettle Iraqis who are at particular risk for having worked for the United States government and American organizations. It also examined the need for the United States to significantly increase its efforts to resettle these vulnerable Iraqi allies. Witnesses testifying at the briefing – including Kirk Johnson, Founder and Executive Director of The List Project; Christopher Nugent, Senior Counsel of Holland & Knight LLP; and Ibrahim, an Iraqi Citizen – provided testimonies of their own experiences with the role of the United States in assisting Iraqi refugees to emphasize the steps that should be taken to improve the efforts being made

  • Hate in the Information Age

    The briefing provided an overview of hate crimes and hate propaganda in the OSCE region, focusing on the new challenges posed by the internet and other technology. Mischa Thompson led the panelists in a discussion of the nature and frequency of hate crimes in the OSCE region, including the role of the internet and other technologies in the training, recruiting, and funding of hate groups. Panelists - Rabbi Abraham Cooper, Mark A. Potok, Christopher Wolf, Tad Stahnke – discussed how best to combat hate crimes and hate propaganda and highlighted internet governance issues in the United States and Europe and how the internet extensively contributes to hate propaganda. Issues such as free speech and content control were at the center of the discussion.

  • Los Angeles: The Regional Impacts and Opportunities of Migration

    Alcee Hastings and Hilda Solis, together with witnesses – Reverend Richard Estrada, Dr. Raúl Hinojosa-Ojeda, Ms. Lucy Ito, Mr. Kerry Doi, Ms. Angelica Salas, and Ms. Eun Sook Lee – discussed the challenges, best practices in existence, and positive aspects of migration. The witnesses, immigrants themselves, shared their personal stories of immigration and what it meant to live as minorities.

  • U.S. - Russian Relations: Looking Ahead to the Medvedev Administration

    This hearing examined the future of U.S-Russia bi-lateral relations with Medvedev’s administration. The hearing focused on the hopes of improved relations between the two countries in respect for the new Russian president’s attention for rule of law and human rights. However, witnesses discussed how President Medvedev may not be able to function independantly, given that the former President, Vladimir Putin, will be the Prime Minister. The witnesses and the Commissioners discussed the political situation in Moscow and how the U.S. should respond within the OSCE framework.

  • Clearing the Air, Feeding the Fuel Tank: Understanding the Link Between Energy and Environmental Security

    Congress has an obligation to work to ensure a healthy and safe environment for the benefit of current and future generations.  To reduce our dependence on fossil fuels and achieve a healthier environment, we need a multi-faceted approach that addresses the tangled web of issues involved.  We need to foster both energy independence and clean energy. Given rising sea levels, the increasing severity of storm surges, and higher temperatures the world over, the impact of global climate change is undeniable.  Unless we act now, we will see greater and greater threats to our way of life on this planet.

  • Crossing Boarders, Keeping Connected: Women, Migration and Development in the OSCE Region

    The hearing will focus on the impact of migration on family and society, the special concerns of migrant women of color, and the economic contributions of women migrants to their home country through remittances. According to the United Nations, women are increasingly migrating on their own as main economic providers and heads of households. While the number of women migrants is on the rise, little is known about the economic and social impact of this migration on their home country.

  • OSCE Partner States and Neighbors Overwhelmed By Iraqi Refugees: Band-Aid Solutions to Implosion in the Middle East?

    This hearing, chaired by Commissioner Alcee L. Hastings, focused on the Iraqi refugee crisis.  Witnesses from the U.S. Department of State, Homeland Security, the United Nations High Commissioner for Refugees testified on the overall situation.  The mayor of Sodertalje, Sweden, which has taken in 5% of all Iraqi refugees, testified about the strain on his town’s resources and the need for action to address the crisis.  A representative of the Arab Community Center for Economic and Social Service testified that many more resources were needed to successfully integrate Iraqi refugees into American communities.

  • Helsinki Commission Delegation Visits Prague and Bratislava

    By Erika B. Schlager, Counsel for International Law Prior to participating in the Winter Meeting of the OSCE Parliamentary Assembly in Vienna, Austria, Senator Benjamin Cardin (D-MD), the Co-Chairman of the U.S. Helsinki Commission, led a Congressional delegation to Prague, the Czech Republic, from February 18-20. In Prague, he was joined by Chairman Alcee Hastings (D-FL), Commissioner Louise McIntosh Slaughter (D-NY) and Congressman Michael McNulty (D-NY). Chairman Hastings also traveled to Bratislava, Slovakia, for additional meetings on February 21, where he was joined by Commissioner Hilda L. Solis (D-CA). In the Czech Republic, the delegation met with representatives of the Jewish community and toured the historic Jewish quarter in Prague, which dates back to the Middle Ages. The delegation discussed recent anti-Semitic manifestations, most notably a large demonstration organized last November on the anniversary of Kristallnacht, and other planned demonstrations by extremists. Although Czech civil society has strongly countered these demonstrations, local officials have struggled to find the appropriate balance between respect for freedom of speech and freedom of assembly and their desire to combat anti-Semitism and manifestations of other forms of intolerance. The delegation also held a round-table discussion with leading civil society and Romani activists. Their discussions touched on past instances of sterilizing Romani women without informed consent, and discrimination against Roma in education, housing and employment. It was noted that victims of wrongful sterilization practices have been advised by government officials to seek redress from the courts, even though most cases will be barred by statutes of limitations. The delegation held official meetings with the President of Senate, Premysl Sobotka, and other members of the Czech Senate; Deputy Foreign Minister Jan Kohout; representatives of the Government Council for Human Rights; and Otakar Motejl, the Public Defender of Rights (also known as the Ombudsman). In these meetings, delegation members expressed concern about the unresolved property claims of Americans who were excluded by the legal framework for property restitution previously adopted by the Czech Republic. They urged Czech officials to protect freedom of speech and assembly, while demonstrating sensitivity for dates or sites of particular importance to the Jewish community. With respect to the situation of the Romani minority, the delegation expressed concern for the victims of past sterilization without informed consent. They urged the Czech Government to take concrete steps to improve the situation of Roma, including through the adoption of comprehensive anti-discrimination legislation. Discussions with Czech officials also touched on bilateral or regional issues, including Kosovo’s declaration of independence and managing relations with Russia. While in Prague, the delegation also met with President of Radio Free Europe/Radio Liberty Jeffrey Gedman, toured the broadcasting facility, and held a press conference at the RFE/RL headquarters. In Slovakia, Chairman Hastings and Commissioner Solis met with leading political analysts to hear a broad discussion of political developments and trends, including concerns regarding proposed legislation on non-governmental organizations and on the media. During a round-table discussion with Romani activists, participants discussed the need to translate the government’s program into concrete action, and the particular challenge of translating national policies into change at the local level. The delegation also met with Foreign Minister Jan Kubis, Deputy Prime Minister Dusan Caplovic (who has responsibility for, i.a., human rights issues), and a group of parliamentarians, including representatives of opposition parties. In their meeting with Minister Caplovic, Chairman Hastings urged the Slovak Government to acknowledge the past sterilization without informed consent of Romani women. In other meetings, the delegation also expressed concern about the adoption by the parliament of resolution honoring Andreij Hlinka, who died in 1938 but whose nationalist leadership set the stage for Slovakia’s WWII alliance with Nazi Germany and the deportation of its Jewish citizens.

  • Finnish OSCE Chairman-in-Office Outlines Priorities, Challenges for 2008

    By Ronald McNamara, International Policy Director Making an appearance on February 13th before the Helsinki Commission, early in Finland’s 2008 chairmanship of the OSCE, Minister for Foreign Affairs Ilkka Kanerva addressed a wide range of issues facing the Vienna-based organization and its 56 participating States. Kanerva, having served in parliament since 1975, the year in which the Helsinki Final Act was signed in the Finnish capital, stressed the unique contribution of parliamentarians in their role embodying “the aspirations of our peoples and to voice their concerns in all OSCE countries.” Chairman Alcee L. Hastings, President Emeritus of the OSCE Parliamentary Assembly, expressed appreciation for recognition of the parliamentary dimension of the Helsinki Process. Minister Kanerva noted, “The starting point of the Finnish Chairmanship is that the OSCE is a value-based organization that actively promotes our common values of democracy, human rights and the rule of law. We stress the full implementation of the human rights commitments by the participating States.” Chairman Hastings welcomed the emphasis on implementation especially given the mandate of the Helsinki Commission to monitor compliance with the common commitments accepted by all participating States regardless of when they joined the Helsinki Process. “We fully support and welcome Finland’s calls for greater effort by participating States to implement our common political commitments. Implementation is key, as the late President Gerald Ford underscored in his remarks in Finlandia Hall when he signed the Helsinki Accords on behalf of the United States. I am also mindful that all participating States, including this country, are obligated to translate words on paper into action and I welcome the scrutiny of others when our own policies and practices come up short,” said Hastings. Hastings and Kanerva had a lengthy exchange regarding developments in Kosovo and their implications for Balkans as well as the possibility of sustained OSCE engagement in the region. Kanerva, who had just returned from a visit to Belgrade and Priština, observed that the OSCE has played an important role in Kosovo -- in establishing and consolidating local institutions, in promoting democratization, the rule of law, as well as human and minority rights. “Because the OSCE has remained “status-neutral,” it has retained a unique ability to work with all ethnic communities in promoting stability and democratic development. It is my firm belief that the OSCE work in Kosovo is and will be beneficial to all Kosovars,” concluded the Minister. He continued, “The outcome of the status process could have a negative impact on the OSCE's engagement in Kosovo. You are well aware that the OSCE participating States remain deeply divided over the issue. This disagreement could lead to the current Mission’s termination. It would be a grave mistake for the OSCE and the entire international community if we were to leave it at that.” Chairman Hastings, who visited both Priština and the northern area around Mitrovitsa last June, remarked, “My overall concern comes again from personal experience. The OSCE mission in Kosovo complemented by the tremendous activities that the KFOR forces deployed to keep the peace there is one of, in my judgment, the most successful OSCE missions, capable of working with the various factions in that area. I always ask the question: if there was no OSCE mission or had not been there in recent years, what would be the situation on the ground there today? And how much closer would the parties be to arriving at a resolution of what is, by anybody's standards, a substantial conflict? Minister Kanerva stressed, “I am determined to ensure continued OSCE engagement in Kosovo regardless of the status process. I am aware of the fact that any participating State has the possibility to use a veto and to end the mandate of the present mission - the mission which at the moment comprises 800 people and which has an immense effect on the viability of the civil society. Should this happen, I am prepared to immediately start the negotiations on a revised mandate for the OSCE mission. I am convinced that all participating States agree on the need for continued OSCE engagement in Kosovo.” Regarding conflicts elsewhere in the OSCE region, Kanerva remarked, “The Finnish chairmanship has put the so-called frozen or protracted conflicts in Moldova, Georgia, and Nagorno-Karabakh at the top of our agenda. I will personally visit all of these regions. I have already nominated also a special envoy to survey the progress in the process. One of the first things I have already done was to visit Ukraine and Moldova, to examine possibilities to kick start the stalled negotiation on the Transdnistria conflict. The Government of Moldova and the leadership for Transdnistria indicate their willingness to reengage and I have tasked my special envoy to see what can be done to take the process forward. We have knowledge of the difficulties in front of us. But we can't give up.” Minister Kanerva announced his intention to visit the South Caucasus nations of Armenia, Azerbaijan and Georgia. Chairman Hastings asked Kanerva to raise concerns relating to media freedom in Azerbaijan, the subject of a Commission hearing late last year, and provided a list of specific cases. Numerous other human rights concerns were also discussed from combating anti-Semitism and trafficking in humans as well as promoting democracy. In prepared remarks, Co-Chairman Benjamin L. Cardin stressed the importance of sustained OSCE engagement in efforts to fight anti-Semitism. “In recent weeks we have convened a series of hearings to assess the ongoing work of the OSCE in this regard and have heard from experts. These sessions have confirmed the importance of maintaining a distinct focus on anti-Semitism, and resisting attempts by some to reduce the attention under some kinds of generic tolerance rubric. It has also become clear that the personal representatives need some form of meaningful support mechanism. Perhaps some arrangement could be put in place by the troika of past, present, and future OSCE chairs, to ensure continuity,” remarked Cardin. Similar concerns were echoed in a statement by Ranking Minority Member Christopher H. Smith, “I appeal to you, in your term as Chairman-in-Office, not to allow the OSCE to give in to this fatigue and indifference! Anti-Semitism remains what it has always been, a unique evil, a distinct form of intolerance, the oldest form of religious bigotry, and a malignant disease of the heart that has often led to murder. It continues to threaten our Jewish brothers and sisters, and so the OSCE must redouble its efforts in the fight against the scourge of anti-Semitism. Smith, the OSCE Parliamentary Assembly President’s Special Representative on Human Trafficking welcomed the commitment of the Finnish chairmanship to give priority attention to OSCE efforts to prevent human trafficking, with particular attention to child victims. Russia’s troubling attempts to restrict the scope and size of OSCE election observations missions was also raised. Minister Kanerva expressed disappointment that, despite a concerted effort by OSCE, an acceptable solution could not be worked out to enable the deployment of an observation mission to Russia for the March 2nd presidential elections. He outlined his views regarding observation of the entire election process. “It means candidate and voter registration, electoral campaign, media coverage, complaints and appeals. The ODIHR must continue to be in a position to determine the length and size of observation missions on professional grounds in order to produce meaningful assessments and recommendations benefiting the observed country.” Having headed monitoring missions to Azerbaijan, Belarus, Ukraine, and most recently Georgia, Chairman Hastings called for a timely invitation for OSCE to observe the upcoming November U.S. elections. Kanerva thanked Hastings for his leadership of the mission to Georgia in early January and underscored the importance of close cooperation between ODIHR and the OSCE PA. Turning to Afghanistan, an OSCE Partner for Cooperation country, the Chairman welcomed the role played by Finnish forces in the northern part of that country. Minister Kanerva reported that active discussions were underway among OSCE countries regarding the kinds of initiatives that might be undertaken to assist Afghanistan pursuant to a general decision agreed to by the Madrid OSCE Ministerial Council last November. Priority attention is being given to strengthening border security and management, including along the 750 mile border between Afghanistan and Tajikistan. “At the same time we are discussing whether the OSCE might eventually become active on Afghan territory,” said Kanerva. Before concluding the hearing, the Chairman-in-Office and Chairman Hastings touched on ways to enhance cooperation among the OSCE participating States and strengthen the organization. Hastings acknowledged the complex task of managing the OSCE given the diversity of countries and diverging views among some on fundamental aspects of the organization and its mission. The two agreed on the importance of engagement with Russia. One possibility raised by Chairman Hastings was the assembling of a “Council of Elder Statesmen” along the lines proposed by the Hamburg-based Centre for OSCE Research in its working paper, “Identifying the Cutting Edge: The Future Impact of the OSCE.” In an innovative move, the Finnish chairmanship has expanded the Troika – past, present, and future chairs – to include others slated to assume leadership of OSCE in future years. At the Madrid OSCE Ministerial Council agreement was reached on chairmanships for Greece in 2009, Kazakhstan in 2010 and Lithuania in 2011. “I have invited my colleagues from the future chairmanships of Kazakhstan and Lithuania,” Kanerva reported, “to meet with the current Troika countries Spain, Finland and Greece to develop ideas for longer-term priorities. I am convinced there are many issues where the "Quintet" can add value and lead to more coherent OSCE action in the next few years.” Minister Kanerva concluded, “The Helsinki Commission embodies the longstanding engagement of the United States with the OSCE and the values that underpin it. The OSCE can only work with the full engagement of its participating States. The United States has always played a key role, and must continue to do so, if we are to achieve the ambitious goals we have set for our Organization.”

  • Remarks by Co-Chairman Cardin at the OSCE Parliamentary Assembly Meeting

    I’d like to start by welcoming my good friend, Senator Anne-Marie Lizin, who testified before the Helsinki Commission in Washington in June, along with the United States Legal Advisor, John Bellinger, and representatives of leading human rights groups. I thank her for presenting in Washington her report on Guantanamo, prepared for the OSCE Parliamentary Assembly. Two weeks ago, officials of the United States, in testimony before Congress, admitted to having waterboarded three specific – and now identified – individuals who are currently at Guantanamo Bay, Cuba. If I may speak to this issue for a moment, I’d like to make a few brief points. First, no matter what you may have heard or read to the contrary, waterboarding is torture. In December, I chaired a Helsinki Commission hearing on torture and received testimony from Malcolm Nance. Mr. Nance, a 20-year veteran of the military intelligence community, has performed waterboarding on American soldiers as part of their survival and resistance training, and as part of this training process, he has been waterboarded himself. As someone with firsthand experience with this technique, he was very clear: waterboarding is inhuman, it is degrading, and it is torture. Second, waterboarding – torture – violates the principles of the Helsinki Final Act. In the Helsinki process, all of our countries joined together to condemn torture. I want to quote one particular provision of our common commitments, because I believe it speaks with such singular clarity. In 1989, in the Vienna Concluding Document, the United States – along with all the other participating States – agreed to ensure that “all individuals in detention or incarceration will be treated with humanity and with respect for the inherent dignity of the human person.” There are no exceptions or no loopholes, and this is the standard which the United States is obligated to uphold. As the Convention Against Torture states clearly, torture is prohibited at all times in all places, even during states of war or states of emergency. Moreover, waterboarding violates the doctrinal guidance our military personnel have followed for years. I am hopeful for several reasons that the United States is on the verge of changing its policy on the issue of torture. First, the majority of the Members of Congress reject the President’s views on this matter. Last week Congress enacted the Intelligence Authorization bill for 2008, which requires the intelligence agencies to adopt the Army Field Manual’s restrictions on “enhanced” interrogation techniques. The Army Field Manual complies with U.S. law and our obligations under the Geneva Conventions. The Manual prohibits “acts of violence or intimidation, including physical or mental torture, or exposure to inhumane treatment as a means of or aid to interrogation.” This legislation therefore creates one consistent interrogation policy across both the U.S. military and the Intelligence Community. President Bush has threatened to veto this legislation because of this provision, and Congress will attempt to override his veto. Second, as a member of the Senate Judiciary Committee, I can tell you that the issue of torture almost led the Senate to reject the confirmation of President Bush’s latest nomination to be Attorney General of the United States. I voted against the nomination of Michael Mukasey to be the Attorney General. I am disturbed that Judge Mukasey could not bring himself to say that waterboarding is torture. Let us recall that the United States has prosecuted Japanese soldiers for using waterboarding during World War II. During our final panel of witnesses at the confirmation hearing for Michael Mukasey, I asked Admiral John Hutson about this matter. Admiral Hutson is a distinguished and highly decorated military lawyer, and in his capacity as the former Navy Judge Advocate General was the senior uniformed legal advisor to the Secretary of the Navy and the Chief of Naval Operations. Admiral Hutson testified, in sum, that the Attorney General as our chief law enforcement officer has to be absolutely unequivocal as to what is torture and what is not torture. We should not even be close to the line of what is torture. Admiral Hutson testified that waterboarding is one of the most iconic examples of torture, and it was devised during the Spanish Inquisition. Its use has been repudiated for centuries. And that is why I voted against confirming our Attorney General. Third, all three of the leading candidates for the office of President in the United States have categorically denounced torture. One way or another, come November, there will be a change, in policy and in practice. Finally, I am hopeful that the next Administration – in contrast to the current Administration – will work with the international community to heed the recommendation of the 9/11 Commission that “the United States should engage its friends to develop a common coalition approach toward the detention and humane treatment of captured terrorists. New principles might draw upon Article 3 of the Geneva Conventions on the law of armed conflict. That article was specifically designed for those cases in which the usual laws of war did not apply. Its minimum standards are generally accepted throughout the world as customary international law.” The reality is that the fight against global terrorism is a battle we will be waging for a long time – and we have to get it right. We don’t make ourselves safer by torturing people. I know damage has been done to the moral leadership of the United States. I look forward to working with a new administration to undo that damage, and I will do everything I can to ensure that torture is prohibited in law and in practice, in word and in deed.

  • Finland’s Leadership in the OSCE

    The hearing focused on Finland’s plans and priorities as well as challenges confronting the OSCE in 2008 and beyond. Additionally, the hearing addressed election observation activities by the OSCE; prospects for OSCE continued engagement in Kosovo; ongoing initiatives to combat anti-Semitism and other forms of intolerance; and the CFE Treaty.

  • Human Rights, Civil Society, and Democratic Governance in Russia: Current Situation and Prospects for the Future

    This hearing, chaired by Helsinki Commission Chairman Hon. Sam Brownback and Ranking Member the Hon. Benjamin Cardin, focused on the tumoltuous developement of human right in Russia. For the past few years, a series of events in Russia has given cause for concern about the fate of human rights, civil society, and democratic governance in that country. Of particular concern is the recent promulgation of a law establishing greater governmental control over NGOs and an attempt by the Russian secret services to link prominent Russian NGOs with foreign intelligence services. Newsweek International wrote in its February 6, 2006 issue: “The Russian secret service is acting more and more like the old KGB.” At the same time, the Russian Federation accedes this year to the chairmanship of the Group of Eight Industrialized Nations (G-8), and will chair the Council of Europe Committee of Ministers beginning in May 2006.  

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