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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
Relevant countries: 
Leadership: 
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  • Help Protect Jewish Communities in Europe

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  • Urging Passage of H. Res. 310

    Madam Speaker, this week, the world pauses to remember and reflect on the Srebrenica genocide, horrific acts of brutality, wanton cruelty, and mass murder committed in Srebrenica beginning July 11, 20 years ago. This week, we pause to honor those brave Bosniaks who suffered and died, victims of genocide. This week, the people in the United States and men and women of goodwill throughout the world again extend our deepest condolences and respect to the mothers and surviving family members who have endured unspeakable sorrow and loss that time will never abate. And this week, the international community must recommit itself to justice, once and for all, for those who perpetrated these heinous crimes. Today, Ratko Mladic and Radovan Karadzic are incarcerated, awaiting final disposition of their cases before the International Tribunal for the former Yugoslavia for multiple counts of genocide, crimes against humanity, and violations of laws and customs of war. Twenty years ago, Madam Speaker, an estimated 8,000 people were systematically slaughtered by Bosnian Serb soldiers in the United Nations-designated “safe haven” area of Srebrenica. They killed Muslim women and children, but especially sought out and murdered adult males in that area. These brutal killings were not committed in battle. They were committed against people who were unarmed and helpless and who had been repeatedly assured by Dutch peacekeepers that they would not be harmed if they surrendered. The evidence is overwhelming that the executions were committed with the specific intention of destroying the Bosnian Muslim population of that area. This intention is the central element in the crime of genocide. The U.N. peacekeeping forces in Srebrenica were charged with enforcing Security Council Resolution 836, which had pledged to defend the safe areas with “all necessary means, including the use of force.” But when the moment of truth came, the U.N. forces offered only token resistance to the Serb offensive. Their military and political commanders had redefined their primary mission not as the protection of the people of Srebrenica, but as the safety of the U.N. forces themselves. When Bosnian Serb Commander Ratko Mladic threatened violence against the blue- helmeted soldiers here is the way one of those soldiers described the reaction. And I quote him: ‘‘everybody got a fright. You could easily get killed in such an operation. As far as I knew, we had not been sent to Srebrenica to defend the enclave, but, rather, as some kind of spruced-up observers.’’ So that is what the peacekeepers became: observers to genocide. Soon they became something more than observers: enablers. On July 13, the Dutch blue-helmet battalion handed Bosnian Muslims who had sought safety within the U.N. compound over to the Serbs. They watched as the men were separated from the women and children, a process which was already well known in Bosnia—it was at the time—as a sign that the men were in imminent danger of being executed. These men were never heard from again. At one congressional hearing I chaired in March of 1998—and I had six of them— Hasan Nuhanovic, the indigenous translator working for the U.N. peacekeepers in Srebrenica, testified. He was there in the room. Hasan lost his family in the genocide. He was there when Mladic and the commanders of the Dutch peacekeepers talked about the terms. Here is what he told my panel, in part: “On July 12, the day before the fall of Srebrenica, the Bosnian Serb Army commander, General Ratko Mladic, requested a meeting with the Dutchbat commander, Lieutenant Colonel Karemans, and local representatives of Srebrenica in the nearby town of Bratunac outside the enclave . . . During the meeting, Mladic assured the Dutch and local delegation that no harm would come to the refugees in Potocari . . . “Upon returning to the camp, three local representatives are ordered by Dutchbat deputy commander, Major Franken, to prepare a list of all males, all men and boys between the ages of 16 and 65 among the refugees inside and outside the camp. The list of the males among the 6,000 inside the camp was completed the same day . . . “On July 13, the Dutch ordered 6,000 refugees out of the Potocari camp. The Serbs were waiting at the gate, separating all males from the women and children. Major Franken stated that all the males whose names were on the list would be safe . . . I watched my parents and my brother being handed over to the Serbs at the gate. None of them have been seen since. “I want to explain here that the people hoped that the Dutch were going to protect them, the U.N. peacekeeping troops and all other members of all other organization who were present in Srebrenica who were inside the camp, the people hoped that they would be protected, but the Dutch soldiers and officer gave no other option to the refugees but to leave. So the refugees inside were told to leave without any other choice. My family was told on the evening of 13 July that they should leave. About 6 p.m., there were no more refugees inside the camp. “I don’t know if this is the topic of the meeting or hearing, but the same night the Dutch soldiers had a party inside the camp because they received two or three trucks full of beer and cigarettes. They played music while I was sitting, not knowing what happened to my family.” As he went on to say later, they had all been slaughtered. In July of 2007, Madam Speaker, I visited Srebrenica, where, together with my good friends President Haris Silajdzic and the Grand Mufti of Bosnia, Reis Ceric, I spoke at a solemn memorial service and witnessed the internment of hundreds of wooden coffins of newly discovered victims of the genocide. It was a deeply moving experience to see 12 years then after the genocide— now it is 20 years—families still grieving loved ones whose bodies were being identified, often miles from the killing sites, as Serb forces, trying to hide the evidence of their crimes, moved the bodies of their victims. For the record, 10 years ago—in 2005— the House of Representatives overwhelmingly passed H. Res. 199, which I authored, which clearly and unambiguously condemned the Srebrenica massacre for what it was: genocide. That resolution was a landmark in the recognition of the Srebrenica massacre as a genocide. Two years later the verdict of the International Court of Justice found the same, in confirming the ruling of the International Criminal Tribunal for the former Yugoslavia. Today the international community is nearly unanimous when it proclaims that the Srebrenica massacre was a genocide. The resolution today, of course, supports that as well. Astonishingly, Madam Speaker, there are some genocide deniers. That is why this resolution condemns statements that deny that the massacre at Srebrenica constituted genocide. Just last weekend Milorad Dodik, the president of Republika Srpska, asserted that the Srebrenica genocide is a lie. Madam Speaker, just as it is doing in Ukraine, Russia is utilizing misinformation and historical revisionism in an attempt to destabilize Bosnia and the Balkan region. Today Russia vetoed a British U.N. Security Council resolution that reaffirms that Srebrenica was a genocide. Russia has encouraged Serbia itself to protest the resolution and emboldened genocide denialism in the Republika Srpska, one of Bosnia’s two constituent entities. Madam Speaker, this resolution also encourages the administration to fulfill other neglected responsibilities. In particular, it urges the Atrocities Prevention Board to study the lessons of Srebrenica and issue informed guidance on how to prevent similar incidents from recurring in the future. As you may know, the Atrocities Prevention Board is a U.S. interagency committee established by the administration in 2012 to flag potential atrocities. However, since its creation, the board has been marked by inaction and a complete lack of transparency. This is unacceptable, especially as conflicts with disturbing parallels to Bosnia before the genocide continue to fester in Syria, the Central African Republic, Burma, and in Burundi. 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  • Helsinki Commission Chair Introduces Resolution Marking 20th Anniversary of Srebrenica Genocide

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    WASHINGTON—At a hearing convened today by the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, Chairman Chris Smith (NJ-04) and other lawmakers examined denialism of the Armenian Genocide by the Government of Turkey and the decades-long effort to seek accountability.  “The Armenian genocide is the only genocide of the 20th century in which a nation that was decimated by genocide has been subject to the ongoing outrage of a massive campaign of genocide denial, openly sustained by state authority,” said Smith, who called today’s hearing and chaired Congress’s first-ever hearing on the Armenian Genocide in 2000. “Sadly, the Turkish government has driven this campaign of denial, and has done so over a course of decades.” Smith continued, “I must respond to President Obama. On Tuesday his aides met with Armenian leaders and made it clear that once again he will not recognize the Armenian genocide. This is in direct contradiction to the promises he made before becoming president—and in order to become president.  “While a candidate, in 2008 the President made passionate statements in support of genocide recognition… these are beautiful words which echo hollowly today,” Smith said. “The president’s abandonment of this commitment is unconscionable and cynical. With Germany and the EU lining up to do the right thing, our government needs to do likewise. Sadly, after the President’s powerful promise, he is following, not leading – or rather, we are not even following.” Witnesses testifying at the hearing focused on the sustained campaign of the Turkish government to deny the Armenian genocide and its impact on Armenian-Turkish relations and foreign policy in the region. “Turkey’s denialism of its past and making it an essential part of its foreign policy is not simply a moral abomination; it represents a threat to democracy, stability and security, not only in Turkey but in the region too,” testified Dr. Taner Akçam, a Turkish scholar who holds the chair in Armenian Genocide Studies at Clark University. “The refusal [of the U.S.] to recognize past injustices is fundamentally undemocratic and contributes to the destabilization of Turkey and the region. How can the United States, which prides itself on its exceptionalism in supporting liberal values and human rights at home and across the world, justify a position at odds with its own democratic values?” “Far too often, over the past several decades, under Turkey's arm-twisting here in Washington, DC, official discussions of the Armenian Genocide were framed in denialist terms, on the basis of Ankara's artificially contrived ‘debate’ about whether there was an Armenian Genocide,” said Kenneth Hachikian, chairman of the Armenian National Committee of America. “Turkey's denial of truth and justice for the Armenian Genocide remains the central issue between Turks and Armenians, the one that must be openly acknowledged, honestly discussed, and fairly resolved for there to be real, sustained progress in relations between these two nations.”  “How did denial start and how did it last as long as it has?  The answer is simple—successive Turkish governments have used the issue to instill fear, promote racism, distract their population from the truth, and avoid progress,” said Van Krikorian, co-chairman of the board of trustees of the Armenian Assembly of America. “Having re-written their own history, they are now afraid to tell the truth as they will lose votes and risk power. Tragically, this pattern has found accomplices, as Turkish leaders have openly threatened countries which do not deny the Armenian Genocide.  Those who bend to bullying continue to be bullied. Those who do not, show honor and backbone.” Additional witnesses who testified at the hearing, “A Century of Denial: Armenian Genocide and the Ongoing Quest for Justice,” included Dr. Elizabeth H. Prodromou, visiting associate professor of conflict resolution at Tufts University’s Fletcher School, and Mrs. Karine Shnorhokian, representative of the Genocide Education Project.

  • A Century of Denial: The Armenian Genocide and the Ongoing Quest for Justice

    At this hearing, Chairman Chris Smith and other lawmakers examined denialism of the Armenian Genocide by the Government of Turkey and the decades-long effort to seek accountability. The hearing also provided an opportunity to assess potential countercurrents in Turkish society that could move the Government of Turkey toward recognition, and explore what the United States and other countries can do to help bring about recognition and eventually, reconciliation. Witnesses testifying at the hearing focused on the sustained campaign of the Turkish government to deny the Armenian genocide and its impact on Armenian-Turkish relations and foreign policy in the region. Turkey’s denialism of its past and making it an essential part of its foreign policy was identified as a threat to democracy, stability, and security in the entire region.

  • Smith: U.S. Must End Its Denial of Armenian Genocide

    Genocide is the most terrible crime a people can undergo, or another people can commit. It must never be forgotten. To forget it would be to dull our consciences and diminish our own humanity. It must never be denied, but fully acknowledged. Otherwise, any meaningful attempt at reconciliation will be thwarted. Brookdale College, the Center for Holocaust, Human Rights, and Genocide Education (Chhange), and everyone who contributed to making exhibits the center unveiled April 12 a reality, has performed a great service to our community, not only to Armenian-Americans, but to everyone, including those who deny the genocide. They are opening paths to the truth, and therefore to a better future. In September 2000, I had put together and chaired a hearing on the Armenian genocide and legislation to finally put the United States on record officially acknowledging it. It was a four-hour hearing, the first hearing the House of Representatives ever held on it. The testimony I heard that day, and accounts of the atrocities I have read in the articles and books over the years, have shocked me deeply. A related resolution on the genocide, H. Res. 398 — vigorously opposed by the Clinton administration — never got a vote. But just as shocking then is what we still see today: a completely political and callous campaign to deny the Armenian genocide. In 1915, there were about 2 million Armenians living in what was then the Ottoman Empire. They were living in a region that they inhabited for 2,500 years. By 1923, well over 90 percent of these Armenians had disappeared. Most of them, as many as 1.5 million were dead. The remainder had been forced into exile. There is no lack of historical record. In fact, we only have to listen to the words of the U.S. Ambassador to Turkey at the time, Henry Morgenthau, who called it a "campaign of race extermination." We only have to listen to the British, French, and Russian governments who said the Young Turks committed a "crime against humanity," the first time in history that charge was ever made by one state against another. And we only have to listen to the government of Turkey itself, which tried and convicted a number of high-ranking Young Turk officials for their role in what the Turkish government's indictment called, "the massacre and destruction of the Armenians." When the term genocide was invented in 1944 to describe the systematic destruction of an entire people, its author Raphael Lemkin explained the term by saying it was "the sort of thing Hitler did to the Jews and the Turks did to the Armenians." The campaign to deny this genocide, often driven by the Turkish government, is repulsive. It is a slap in the face to Armenians everywhere. It is this denial that keeps the Armenian genocide a burning issue and prevents much needed healing of old wounds. Armenians are unfortunately not alone in suffering the hurt and pain that stems from the denial of truth. The international community failed the victims of the Holocaust, China, the Soviet Union, Eastern Europe, Ethiopia, Rwanda, Bosnia, DRC, Darfur and Syria, to name a few. That means that we here in the United States, and that means not only the Congress but also the president, have the responsibility to speak truthfully and to speak boldly about the past in order to secure our future. We must write and speak the truth so that generations to come will not repeat the mistakes of the past. Only 20 nations around the world have recognized the Armenian genocide. That includes Canada as well as eleven EU countries including France, Germany Italy, Sweden, Belgium, the Netherlands, Lithuania, Poland, Slovakia, Greece and Cypress. Conspicuously absent from the list of nations that have officially recognized it is the United States. For my part, I am preparing to chair a congressional hearing on April 23 — the day before Armenian Remembrance Day (April 24) — which this year marks the 100th anniversary of the genocide. When political leaders fail to lead or denounce violence, the void is not only demoralizing to the victims but silence actually enables the wrongdoing. Silence by elected officials in particular conveys approval — or at least acquiescence —and can contribute to a climate of fear and a sense of vulnerability. History has taught us that silence is not an option. We must do more. Chris Smith is a Republican congressman representing New Jersey's 4th District, which includes portions of Mercer, Monmouth and Ocean counties.

  • Chairman Smith Rebukes U.S. Administration: "Delay Is Denial" Regarding Military Aid to Ukraine

    WASHINGTON—At today’s House Foreign Affairs Committee hearing, “Ukraine Under Siege,” Helsinki Commission Chair Rep. Chris Smith (NJ-04) took the U.S. Administration to task for its delay in providing defensive military assistance to Ukraine. “We have a de facto defensive weapons arms embargo on Ukraine … Delay is denial. People are dying,” Chairman Smith said. “Over 6,000 are dead. Many of these are children and women.” He continued, “[The Ukrainians] need us …they told me off-the-record how profoundly disappointed they are in President Obama, especially in light of people around him saying, ‘Please, Mr. President, this is a time for American leadership.’ When will the decision [to provide defensive military assistance] be made?” “They need defensive weapons and they need them now,” he concluded. During his remarks, Chairman Smith compared the current situation in Ukraine to the conflict in the Balkans in the 1990s, when the U.S. failed to provide military assistance that would have allowed Bosnians and Croatians to defend themselves against the aggression of Slobodan Milošević. He also expressed concern about the plight of detained Ukrainian pilot Nadiya Savchenko, who is currently on the 82nd day of a hunger strike in Moscow.

  • Unequivocal Support for Israel

    Mr. Speaker, I’d like to thank my colleague, Mr. Stewart, for reserving this time to send a message of vigorous, unequivocal, and unflinching U.S. support for Israel. Mr. Speaker, on the eve of Prime Minister Netanyahu’s historic address, we have to join his efforts to set the focus on the existential, genocidal threat Iran poses to Israel. We have to be realistic about Iranian President Rouhani because many in the media – and some in the administration – have been reluctant to do that. Rouhani has a long history of murderous anti-Semitism and anti-Americanism. The corpses are all over the globe.  Rouhani chaired Iran’s National Security Council from 1989 to 2005 – the years when Iran plotted the 1994 bombing of the AMIA Jewish cultural center, which killed 85 people in Buenos Aires. The 1996 attack on the Khobar Towers was also under his tenure – this one killed 19 U.S. servicemen in Saudi Arabia. He continues to support the global terrorism of Hezbollah. Likewise, Rouhani’s defense minister, Hossein Dehghan, participated in plotting the 1983 U.S. Marine barracks bombing in Beirut – this crime took the lives of 241 Americans, including Paul Innocenzi from my district. His Justice Minister, Mostafa Pour-Mohammadi, played a role in 1988 and 1998 in the summary executions of Iranian political prisoners and killings of intellectuals, as well as assassinations abroad. Mr. Speaker, this is the man that our government and Prime Minister Netanyahu are dealing with. For 16 years Rouhani ran Iran’s nuclear program. He has boasted openly of his success in using negotiations as a tool to buy time to advance his program. The question before us is whether the agreement President Obama is trying to close with Rouhani is yet another deal favorable to the Iranian government, allowing it to move the hand on the nuclear clock yet closer to midnight. There are many signs that this is the case. Most reports on the negotiations are that the administration is not trying to prevent a nuclear Iran, but only to preserve some “breakout time”  - yet will not require the kind of transparency to make even that a remotely reliable measure. Even worse, it seems the administration is prepared to accept a “sunset clause” – a date after which Iranian nuclear arms would be completely legitimated. And the deal being crafted reportedly ignores Iran’s ballistic missile program. All this amounts to a potential catastrophe. Unfortunately, the administration seems to have telegraphed its determination to get a deal with Rouhani – almost any deal – and to shut Congress out. This is why I am concerned, and why we in Congress and the American people need to hear all the more from Prime Minister Netanyahu. Let’s let the Prime Minister know that Congress and the American people stand with Israel, without any ‘ifs,’ or ‘buts,’ or ‘so long as,’ or any other qualifiers, and without any illusions about the murderous and manipulative intentions of Rouhani. I’d like to close by thanking Speaker Boehner for inviting Prime Minister Netanyahu.

  • Chairman Smith and Serbian Foreign Minister Support OSCE Role in Promoting Peace in Ukraine

    WASHINGTON–On February 25, Rep. Chris Smith (NJ-04), Chairman of the Helsinki Commission, held a hearing at which Ivica Dacic, the Foreign Minister of Serbia and Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE), testified as to his plans for Serbia’s 2015 leadership of the OSCE. The chief issue facing the organization is Russia’s invasion of Ukraine and the humanitarian needs of the people of eastern Ukraine, including the OSCE’s role in monitoring the Minsk cease-fire agreement. Both Russia and Ukraine are among the 57 member states of the OSCE, the world’s largest regional security organization. Opening the hearing, Chairman Smith said that Foreign Minister Dacic’s leadership of the OSCE “comes at a moment of tragedy, of tremendous human suffering.” Smith emphasized that “one OSCE member – the Russian government – is tearing the heart out of a neighboring member, Ukraine.” “Understanding that the OSCE is a consensus organization – meaning that the Russian government has an effective veto over many significant actions – we believe that the OSCE is still able and responsible to speak the truth about the conflict, to find ways to limit it, and to help the people of Ukraine,” he said. Foreign Minister Dacic emphasized that “the Serbian Chairmanship will make every effort to help restore peace in Ukraine.” In its role as Chairman of the OSCE, Dacic said, “Serbia brings to the table good relations with all the key stakeholders, and we are making every effort to serve as an honest broker and use our leadership role to utilize the OSCE toolbox impartially and transparently.” Foreign Minister Dacic also discussed the fight against human trafficking and anti-Semitism with Chairman Smith.  Other members of the Helsinki Commission participating in the hearing included Senator Ben Cardin, and Congressmen Joe Pitts, Alcee Hastings, and Steve Cohen.

  • Chairman Smith Urges OSCE Leaders: Respond to Humanitarian Needs in Eastern Ukraine

    WASHINGTON—A renewed effort is underway in the Organization for Cooperation for Security and Cooperation in Europe (OSCE) to urge it to respond to humanitarian needs in eastern Ukraine, and to follow through on OSCE commitments to fight human trafficking and anti-Semitism. Rep. Chris Smith (NJ-04) led the U.S. Delegation to the annual Winter Meeting of the OSCE Parliamentary Assembly (OSCE PA) last week in Vienna, where he spearheaded this push. Smith expressed particular concern about the potential for human trafficking of vulnerable groups stemming from the current conflict in Ukraine. In a question to Ivica Dačić, the OSCE’s Chairman-in-Office for 2015 and the Foreign Minister of Serbia, Smith drew attention to the needs of internally displaced persons and the potential for human trafficking in eastern Ukraine. He noted that, among the nearly one million internally displaced persons, woman and children are particularly vulnerable to trafficking, and raised concerns that criminal gangs are taking advantage of the conflict:   “Is the OSCE equipping the special monitoring mission and other OSCE entities working in the Ukraine conflict zone, or with IDPs, to recognize and protect human trafficking victims, and is the OSCE taking trafficking prevention measures for this particular vulnerable population?” At a private meeting during the event, Chairman Smith met with Chairman-in-Office Dačić  to discuss the humanitarian, human rights, and security concerns arising from the Russian-backed conflict in eastern Ukraine. Smith encouraged Serbia to vigorously uphold the commitments made at the at the 10th  anniversary of the OSCE's Berlin Conference on anti-Semitism, and to review and reform the OSCE’s contracting regulations to ensure that OSCE activities do not contribute to trafficking in persons. He also urged Chairman-in-Office Dačić to promote an appropriate commemoration by the OSCE of the 20th anniversary of the Srebrenica genocide. Chairman Smith also met the Director of the OSCE’s Office of Democratic Institutions and Human Rights, Michael Georg Link. In addition to human trafficking and anti-Semitism, the two discussed OSCE election observation missions, as well as the organization’s current efforts to protect freedom of religion. In a meeting with Ambassador Madina Jarbussynova, the OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings, Chairman Smith spoke about the most effective ways to fight human trafficking and assist with the rehabilitation of trafficking victims – including by working with faith-based organizations, as well as by encouraging participating States to adopt legislation preventing child sex tourism, such as Chairman Smith’s legislation currently pending in the U.S. Senate. Chairman Smith has pioneered OSCE engagement in fighting human trafficking and anti-Semitism. Since 2004, he has served as the OSCE PA’s Special Representative on Human Trafficking Issues – click here to read his most recent report. Starting in 2002, Smith led the movement to put anti-Semitism on the agenda of the OSCE, and he continues to work closely with Rabbi Andy Baker, the OSCE’s Representative on Combating Anti-Semitism, to ensure a more vigorous implementation of OSCE commitments in the area. In 2005 Smith authored H. Res. 199, a landmark congressional resolution recognizing the atrocity at Srebrenica in which an estimated 8,000 civilian men and boys were murdered by Serb forces as a genocide.

  • Rep. Chris Smith, Sen. Roger Wicker to Lead Helsinki Commission

    WASHINGTON—Rep. Chris Smith (NJ-04) has been appointed by Speaker of the House John Boehner as chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, during the 114th Congress. Senator Roger Wicker (MS) has been appointed by Senate Majority Leader Mitch McConnell to co-chair the Commission. “Today, the principles enshrined in the Helsinki Final Act are under attack. The Russian government is blatantly violating the territorial integrity of Ukraine,” said Chairman Smith. “More than 20 million people are trafficked each year for sexual or other forms of exploitation. Journalists in the OSCE region are being imprisoned, tortured, and even murdered for exposing corruption or publishing controversial pieces. In Europe, violent anti-Semitism is again rearing its ugly head, and in some OSCE countries religious people face restrictions and even persecution merely for practicing their faith.” “The United States must advocate much more vigorously for those who are victims and are voiceless. As the chair of the bipartisan, bicameral Helsinki Commission, I look forward to working with my fellow Commissioners to promote human rights and fundamental freedoms and to safeguard the principles shared by the 57 participating States of the OSCE,” said Chairman Smith, who has been an active member of the Helsinki Commission since 1983. “I am pleased to join Chairman Smith and the other members of the Helsinki Commission in defending democratic values and the rule of law,” said Co-Chairman Wicker. “Peace and security are under threat in the wake of escalating Russian aggression – impacting our economic and strategic interests in the region. This situation calls for a unified response from the United States and our OSCE partner countries. We should work together to ensure a safe, free, and prosperous Europe for this generation and those that follow.” Chairman Smith has previously chaired the Commission and serves as a member of the OSCE Parliamentary Assembly (PA), which facilitates inter-parliamentary dialogue among the 57 participating States; he is also the OSCE PA’s Special Representative on Human Trafficking Issues. Senator Wicker also serves as a member of the OSCE PA, where he chairs the Committee on Political Affairs and Security.

  • Chairman Smith and Rep. McGovern Introduce “Global Magnitsky Human Rights Accountability Act”

    WASHINGTON—Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, and Rep. Jim McGovern (MA-02), today introduced the “Global Magnitsky Human Rights Accountability Act” (H.R. 624). The bill prohibits foreign human rights offenders and corrupt officials operating anywhere in the world from entering into the United States and blocks their U.S. assets. It effectively globalizes and strengthens the “Sergei Magnitsky Rule of Law Accountability Act of 2012,” which was directed at individuals and entities from Russia. “The ‘Global Magnitsky Human Rights Accountability Act’ is a game-changer, and demonstrates America’s commitment to protecting human rights worldwide,” said Chairman Smith. “We are sending a message to the world’s worst human rights violators:  we will shine a spotlight on your crimes. We will deny your visas. We will freeze your assets. No matter who you are or how much money you have, you won’t be enjoying the fruits of your misdeeds by visiting the United States or taking advantage of our financial institutions.” “We have made important progress in the last few years,” Rep. McGovern said.  “But since the introduction of the original Magnitsky Act, human rights defenders and anti-corruption activists worldwide have urged us to pass a law that covers similar violations in countries other than Russia.  Through the Global Magnitsky Act, we can better standardize our approach to human rights violators and provide clear guidance to the executive branch on how we expect these perpetrators to be held accountable.” “Conscripting child soldiers, kidnapping political opponents, and brutalizing people based on their religion are horrifying acts for which people must be held accountable – and this bill will do it,” said Chairman Smith. “The earlier Magnitsky Act enjoyed overwhelmingly bipartisan support in both the House and the Senate. I expect the Global Magnitsky Act to move forward with the same level of commitment in both chambers, and on both sides of the aisle.” Earlier this week, Senators Ben Cardin (MD) and John McCain (AZ) introduced similar legislation in the Senate, which also applies worldwide and employs visa bans and property freezes. Unique aspects of the House bill include the requirement that the President impose sanctions if he or she determines that a foreign person has committed gross human rights offenses. The bill also permits the President to sanction perpetrators regardless of whether the victims were exercising or defending basic human rights; requires that the annual Global Magnitsky List be released each year on Human Rights Day; and directs the Comptroller General to assess and report on implementation. Both the “Global Magnitsky Human Rights Accountability Act” and the earlier “Sergei Magnitsky Rule of Law Accountability Act of 2012” were inspired by Russian lawyer Sergei Magnitsky, who was arrested and imprisoned by the Russian government following his investigation into fraud involving Russian officials. He was beaten to death by prison guards in 2009 after being held in torturous conditions for 11 months without trial. Summary: The “Global Magnitsky Human Rights Accountability Act” This act requires the President to publish and update a list of foreign persons or entities that the President determines are responsible, and who the President has sanctioned, for gross violations of internationally recognized human rights – including extrajudicial killings, torture, enforced disappearances, and prolonged, arbitrary detention – or significant corruption. Known as the Global Magnitsky List, the list will be due annually on December 10 (Human Rights Day). Although the bill directs the President to prioritize cases where the victims were seeking to exercise or defend internationally recognized human and rights and freedoms, like freedom of religious, assembly, and expression, or expose illegal government activity, the President can act regardless of the victim. Sanctions on these individuals and entities will include: Prohibiting or revoking U.S. visas or other entry documentation for foreign individuals. Freezing and prohibiting U.S. property transactions of a foreign individual or entity if such property and property interests are in the United States; come within the United States; or are in, or come within, the control of a U.S. person or entity. This act also requires the Comptroller General of the United States to assess the implementation of the law and report to Congress, so that Congress can ensure it is being executed fully.

  • U.S. Helsinki Commission Chair Notes Challenges, Need for Action on International Human Rights Day

    WASHINGTON—To mark International Human Rights Day, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: "It has been a difficult year for those of us who are active in human rights in the OSCE region. Russia’s invasion of Ukraine has flagrantly violated the principles enshrined in the Helsinki Final Act, exacerbated regional security, and further revealed the weaknesses of Russia’s own democracy .  The space for civil society – the guardians of the rule of law and fundamental freedoms – is shrinking in more than a few of our participating States, including Russia, Azerbaijan, and Hungary, breeding abuse of power and corruption. We have been appalled by violent anti-Semitic attacks and a rising tide of intolerance across the OSCE region against minorities and other vulnerable populations.  Uzbekistan holds the world’s longest-imprisoned journalist, who languishes alongside of thousands of political prisoners. "Clearly, the challenges for the countries of the OSCE are as great as ever.  We look forward to supporting Serbia’s 2015 chairmanship of the OSCE, which offers an opportunity both for the country and for the organization. As the effective successor to the only country to be suspended from the Helsinki process, Serbia is a concrete example of how a country can turn things around and how the OSCE can contribute. "In particular, we urge Serbia to build on decisions adopted at last week's Basel Ministerial Council on combating anti-Semitism and corruption.  These are challenges faced by virtually every OSCE participating State. We hope that Serbia will move forward with conviction to support these initiatives and to defend and advocate for the Helsinki principles throughout the region." December 10, International Human Rights Day, celebrates the adoption of the Universal Declaration on Human Rights by the UN General Assembly on December 10, 1948.

  • Cardin Lauds Compensation for Holocaust Victims Transported by National Society of French Railways

    WASHINGTON–U.S. Senator Ben Cardin (D-Md.), Chairman of the U.S. Helsinki Commission and a senior member of the Senate Foreign Relations Committee, released the following statement expressing support for the establishment of a fund to compensate victims and surviving family members transported by The National Society of French Railways (SNCF) during the Holocaust. "In March, one of those who survived the war-time deportations, Leo Bretholz of Maryland, passed away. Leo escaped from a train transporting him to almost certain death. He spent the rest of the war fighting the Nazi regime and helping others escape. In his later years, Leo worked with members of the Maryland General Assembly to secure reparations for Holocaust survivors who were transported to the camps on French railways. I take solace in knowing that his already incredible legacy lives on through this agreement. "I applaud the agreement reached between the United States and France to compensate those who survived deportation from France by SNCF but who, as non-nationals of France, were excluded from previous compensation programs.  The agreement shows that the quest to right the wrongs of the past is still ongoing and, most importantly, it is still possible to achieve some measure of justice for those who suffered so terribly. For some people around the world the Holocaust may be history, for those who have survived the horror is still very real. "This settlement is a well-deserved victory for aging survivors and their families across the world.  I commend the Government of France for its efforts to advance responsibility, memory and justice and I hope the French National Assembly will be able to expeditiously ratify this agreement."

  • Cardin Statement on the Senate Intelligence Committee Report on Torture

    WASHINGTON – U.S. Senator Ben Cardin (D-Md.), a senior member of the Senate Foreign Relations Committee and chairman of the U.S. Helsinki Commission, released the following statement in response to the Senate Intelligence Committee’s review of the CIA’s detention and interrogation program: “The United States has a solemn obligation to protect human rights both abroad and at home, as we honor our Constitution and international commitments.  Shortly after taking office, President Obama thankfully ended the CIA’s detention and interrogation programs.  The exhaustive report from the Senate Intelligence Committee documents that the CIA’s enhanced interrogation techniques were not effective and violated international commitments and the core principles of the United States. It also resulted in fabricated information and did not lead to the collection of imminent threat intelligence. Years may have passed by since these egregious activities occurred, but the United States must confront the mistakes that were made as we responded to the devastating 9/11 attacks.  We must put in place mechanisms to ensure that these types of abuses never happen again.  America’s reputation and moral leadership in the world are at stake.  We can and must strive to prevent and disrupt future terrorist attacks while continuing to safeguard the core values and human rights we as a Nation hold dear.”

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