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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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It discourages entrepreneurship, destroys public trust, and undermines the rule of law while stifling economic growth.” The real world costs of corruption and weak institutions should not be underestimated. The World Bank estimates that more than one trillion dollars in bribes are paid each year out of a global economy of approximately 30 trillion dollars. That's an incredible three percent of the world’s economy. In 2009, companies lost nearly $25 billion to companies willing to pay bribes in deals for which the outcome is known. And bribery is especially costly for small and medium-size enterprises (SMEs): a separate study has shown that up to 25 percent of SME operating capital in companies operating internationally is diverted to corruption. That is a staggering figure that illustrates how corruption diverts scarce resources to thoroughly unproductive ends. Corruption is a global problem that knows no borders. And that’s why corruption demands a truly global response – one that knows no limits on collaboration. The Obama Administration is doing its part to implement its obligations under the OECD Anti-Bribery Convention by enforcing the U.S. Foreign Corrupt Practices Act (FCPA) strictly and fairly. We are determined to ensure that U.S. businesses do not contribute to corruption in foreign markets. At the same time, we are determined to do what we can to assist them in the fight against foreign corruption, and against the high risk and significant costs of corruption in such markets. Regrettably, at this stage, the lack of enforcement of domestic bribery laws, and of foreign bribery laws by many nations that are Parties to the OECD Anti-Bribery Convention is extremely troubling and raises concerns about a lack of political will. Governments can and should prosecute both those who give bribes and those who receive them, both at home and abroad. And the OSCE should continue to encourage participating States to adopt and enforce rigorous anti-bribery regimes. Of course, the fight against corruption is not simply a law enforcement matter; rather it can also be a significant – if not the most significant – non-tariff barrier all companies face. Accordingly, the U.S. Department of Commerce and the International Trade Administration (or ITA) are committed to working with our trading partners to level the playing field and to promote transparent and corruption-free markets globally. Our work to promote clean and ethical business environments occurs at both the multilateral and bilateral level. At the multilateral level, the ITA is pressing its counterparts to lead by example and to implement comprehensive anti-corruption measures. In addition to our work through the OECD, the United States has been working diligently to persuade the G20 countries to adopt a comprehensive anti-corruption action plan, which includes a commitment focused on adoption and robust enforcement of anti-bribery laws, implementation of the UN Convention Against Corruption, greater engagement with the private sector, and support for transparency mechanisms, to name a few. Many of these commitments require our G20 partners to enact and implement new laws and preventive measures. The United States, at ITA’s initiative, in particular, took the lead on proposals relating to the private sector and also on whistleblower protection, within the G20. In the United States, whistleblowers play a crucial role in helping to enforce anti-corruption law. This principle is also embodied in international conventions. Articles 12 and 13 of the UN Convention require States Parties to prevent corruption in the private sector and promote the fight against corruption with the business community and civil society. Unless governments can protect whistleblowers, it is unlikely that they can identify or address systemic causes of corruption. The United States believes robust whistleblower protection should be an essential part of any good governance initiative in the OSCE, and I was encouraged to hear Ambassador O’Leary indicate that this will be an area of focus under the Irish Chairmanship. The U.S. Department of Commerce has also been committed to fostering strong private sector integrity as an integral part of promoting good governance in markets worldwide. Companies are global corporate citizens, and as such, can work collectively and with governments to foster trust, and promote transparency. I hope that some our work may provide a useful model for the OSCE to consider as it looks to embrace good governance and anti-corruption as a priority for the second dimension, a goal we fully support, and which I am personally committed to supporting. For example, the ITA has championed business ethics and corporate governance reform since the early 1990s, following the fall of the Berlin Wall. Our Business Ethics Manual has been translated into Chinese, Spanish and Russian and is still one of the most widely used resources on this important topic. We have partnered with business associations and chambers of commerce to develop collective action and business ethics program in many markets. Our work on business ethics has grown. This past year, the ITA has focused on trying to heighten awareness of good governance, transparency and business ethics in sectors of vital importance to many economies – by taking a “sectoral” approach to combating corruption and promoting good business practice, the challenge of dealing with corruption becomes less daunting. The ethical issues specific to different industries vary greatly – and there is no one-size-fits-all approach to the problem. Within the G20, for example, the United States, at the initiative of the U.S. Department of Commerce, has taken the lead in calling for the G20 to endorse additional sectoral approaches to fighting corruption, beyond the Extractive Industries Transparency Initiative (EITI). We have asked G20 governments, for example, to consider supporting the Construction Sector Transparency Initiative (COST) – a new multistakeholder initiative, developed by the World Bank. COST uses similar approaches to EITI to promote greater transparency in public infrastructure projects and government procurement. I hope that the OSCE might similarly consider COST and other multistakeholder approaches to promoting transparency under the Irish chairmanship. Within APEC, the ITA has focused on developing new ethical principles for key sectors within the APEC region. I am pleased to report that under the APEC SME working group, we have coordinated a project with APEC countries and businesses to develop principles of business ethics in the construction, medical devices and biopharmaceutical sectors. These voluntary principles are meant to be used by businesses and trade associations – large andwithin the OSCE framework and the EEDIM, we might also consider focusing on business ethics in specific sectors of interest to all of our economies. I want to close by suggesting some activities to take the theme of good governance and transparency forward. In addition to encouraging the OSCE to formally endorse the Extractive Industries Transparency Initiative—a move that would send an important signal about this body’s commitment to the principles of good governance and transparency—the U.S. encourages us to explore whether there are additional sectoral initiatives that merit support from the OSCE, including the Construction Sector Transparency Initiative. The United States Government also strongly supports the Irish Chair’s goal to develop a Statement or Declaration of Transparency Principles to help guide our governments in their future activities. I want to encourage us to consider new models of bilateral cooperation to promote good governance such as the model Mr. Murray just discussed, leading to a public-private initiative in the Russian power generation sector. We at the U.S. Department of Commerce are working closely with the Center for Black Sea/Caspian Studies at American University to potentially convene a conference in May of next year that would seek to address the challenge of developing mechanisms to ensure good governance and transparency, while also balancing the goals of protecting national security and accelerating economic development faced by the countries of the Caucasus and Central Asia, as they seek to assert their role as a gateway between Europe and Asia. In addition, the conference will also focus on specific market access challenges to regional integration and economic development in the Caucasus and Central Asia such as transparency in Government procurement and privatization, and trade facilitation challenges, including customs and lack of regional harmonization. It is our hope that the OSCE will join us for this event – focused on critical areas such as transport and infrastructure – to work on tangible ideas for projects and collaborations in the OSCE region. We look forward with great interest to the 20th Economic and Environmental Forum, where we will delve deeper into all the facets of good governance. We also thank the Lithuanian Chairman-in-Office for  ensuring that their draft Ministerial Council decision on Energy Security incorporates transparency in the energy sector – in our view, considering the vital role that energy plays in modern economic life, there can be no confidence, and thus no security, without energy transparency. In the year ahead, we envision an even broader focus on transparency principles across the entire spectrum of economic and environmental activities, and will work with all of our colleagues in the OSCE to make that vision a reality. Thank you, Mr. Moderator.  

  • Commissioner Camuñez's Remarks on Good Governance

    Economic and Environmental Dimension Implementation Meeting Session 3: Good Governance Before I begin, I’d like to thank the panelists today for their excellent and informative presentations. The United States has viewed with keen interest the evolving discussions in recent years on what the OSCE’s priorities should be in the Economic and Environmental Dimension.  As our friend and colleague Mr. Svilanovic pointed out during last year’s Vienna Review Conference, we appear to have come to an appreciation that good governance is the key linking theme across the entire second dimension.  The Maastricht Strategy is very clear on this point: “Good public and corporate governance and strong institutions are essential foundations for a sound economy, which can attract investments, and thereby enable States to reduce poverty and inequality, to increase social integration and opportunities for all, and to protect the environment.  Good governance at all levels contributes to prosperity, stability and security.”  As we consider the implementation of our second dimension commitments, however, we should keep in mind why it is important to implement those commitments. The global economic downturn continues to put extreme pressure on people and governments across the OSCE region.  To be sure, some countries have weathered the storm better than others.  Still, no country can be forever immune to market forces, and even within those that have done well, there are always citizens left behind.  This is certainly the case in the United States, and for this reason President Obama is focused intently on how best to put those Americans without a job back to work.  We all know that trade and investment are critical drivers of economic growth.  Indeed, recognizing this important reality, the Obama Administration has launched the National Export Initiative, which seeks to deepen our strategic trade relationships around the world, recognizing that 85 percent of world GDP growth will occur outside the United States in the coming few years.  As we encourage more American businesses – large and small – to embrace international trade, seek opportunities in new markets, and make strategic investments that will lead to increased global trade flows, we are keenly aware of the challenges and costs posed by official corruption, weak institutions, and lack of respect for property rights, including intellectual property. Weak governance and lack of transparency constitute non-tariff barriers to trade, which we have committed ourselves to eliminating.  Furthermore, the same issues that deter trade and investment also work against comprehensive security: a lack of transparency in governance leads to diminished confidence that problems and disputes will be addressed in a fair and impartial manner.  Without trust and confidence in public institutions, there is little incentive for investors and companies to pursue trade deals or direct investment in those economies.  The effect is stagnating economic performance, which, as we have seen in the past several months and years, can lead to political upheaval.    The United States Government is deeply committed to fostering good governance and transparency in its political and economic institutions.  President Obama has made the global fight against corruption a top priority.  As he has noted, “In too many places, the culture of the bribe is a brake on development and prosperity.  It discourages entrepreneurship, destroys public trust, and undermines the rule of law while stifling economic growth.”    The real world costs of corruption and weak institutions should not be underestimated.  The World Bank estimates that more than one trillion dollars in bribes are paid each year out of a global economy of approximately 30 trillion dollars.  That's an incredible three percent of the world’s economy.   In 2009, companies lost nearly $25 billion to companies willing to pay bribes in deals for which the outcome is known.  And bribery is especially costly for small and medium-size enterprises (SMEs): a separate study has shown that up to 25 percent of SME operating capital in companies operating internationally is diverted to corruption.  That is a staggering figure that illustrates how corruption diverts scarce resources to thoroughly unproductive ends. Corruption is a global problem that knows no borders.  And that’s why corruption demands a truly global response – one that knows no limits on collaboration.  The Obama Administration is doing its part to implement its obligations under the OECD Anti-Bribery Convention by enforcing the U.S. Foreign Corrupt Practices Act (FCPA) strictly and fairly.  We are determined to ensure that U.S. businesses do not contribute to corruption in foreign markets.  At the same time, we are determined to do what we can to assist them in the fight against foreign corruption, and against the high risk and significant costs of corruption in such markets.   Regrettably, at this stage, the lack of enforcement of domestic bribery laws, and of foreign bribery laws by many nations that are Parties to the OECD Anti-Bribery Convention is extremely troubling and raises concerns about a lack of political will.  Governments can and should prosecute both those who give bribes and those who receive them, both at home and abroad.  And the OSCE should continue to encourage participating States to adopt and enforce rigorous anti-bribery regimes. Of course, the fight against corruption is not simply a law enforcement matter; rather it can also be a significant – if not the most significant – non-tariff barrier all companies face.  Accordingly, the U.S. Department of Commerce and the International Trade Administration (or ITA) are committed to working with our trading partners to level the playing field and to promote transparent and corruption-free markets globally.  Our work to promote clean and ethical business environments occurs at both the multilateral and bilateral level.  At the multilateral level, the ITA is pressing its counterparts to lead by example and to implement comprehensive anti-corruption measures.   In addition to our work through the OECD, the United States has been working diligently to persuade the G20 countries to adopt a comprehensive anti-corruption action plan, which includes a commitment focused on adoption and robust enforcement of anti-bribery laws, implementation of the UN Convention Against Corruption, greater engagement with the private sector, and support for transparency mechanisms, to name a few.  Many of these commitments require our G20 partners to enact and implement new laws and preventive measures.   The United States, at ITA’s initiative, in particular, took the lead on proposals relating to the private sector and also on whistleblower protection, within the G20.  In the United States, whistleblowers play a crucial role in helping to enforce anti-corruption law.  This principle is also embodied in international conventions.  Articles 12 and 13 of the UN Convention require States Parties to prevent corruption in the private sector and promote the fight against corruption with the business community and civil society.  Unless governments can protect whistleblowers, it is unlikely that they can identify or address systemic causes of corruption.  The United States believes robust whistleblower protection should be an essential part of any good governance initiative in the OSCE, and I was encouraged to hear Ambassador O’Leary indicate that this will be an area of focus under the Irish Chairmanship.   The U.S. Department of Commerce has also been committed to fostering strong private sector integrity as an integral part of promoting good governance in markets worldwide.  Companies are global corporate citizens, and as such, can work collectively and with governments to foster trust, and promote transparency.  I hope that some our work may provide a useful model for the OSCE to consider as it looks to embrace good governance and anti-corruption as a priority for the second dimension, a goal we fully support, and which I am personally committed to supporting. For example, the ITA has championed business ethics and corporate governance reform since the early 1990s, following the fall of the Berlin Wall.  Our Business Ethics Manual has been translated into Chinese, Spanish and Russian and is still one of the most widely used resources on this important topic.  We have partnered with business associations and chambers of commerce to develop collective action and business ethics program in many markets.   Our work on business ethics has grown.  This past year, the ITA has focused on trying to heighten awareness of good governance, transparency and business ethics in sectors of vital importance to many economies – by taking a “sectoral” approach to combating corruption and promoting good business practice, the challenge of dealing with corruption becomes less daunting.  The ethical issues specific to different industries vary greatly – and there is no one-size-fits-all approach to the problem.  Within the G20, for example, the United States, at the initiative of the U.S. Department of Commerce, has taken the lead in calling for the G20 to endorse additional sectoral approaches to fighting corruption, beyond the Extractive Industries Transparency Initiative (EITI).  We have asked G20 governments, for example, to consider supporting the Construction Sector Transparency Initiative (COST) – a new multistakeholder initiative, developed by the World Bank.  COST uses similar approaches to EITI to promote greater transparency in public infrastructure projects and government procurement.  I hope that the OSCE might similarly consider COST and other multistakeholder approaches to promoting transparency under the Irish chairmanship.     Within APEC, the ITA has focused on developing new ethical principles for key sectors within the APEC region.  I am pleased to report that under the APEC SME working group, we have coordinated a project with APEC countries and businesses to develop principles of business ethics in the construction, medical devices and biopharmaceutical sectors.  These voluntary principles are meant to be used by businesses and trade associations – large and small – to guide their ethical interactions with public officials and institutions.   I hope that within the OSCE framework and the EEDIM, we might also consider focusing on business ethics in specific sectors of interest to all of our economies.  I want to close by suggesting some activities to take the theme of good governance and transparency forward.  In addition to encouraging the OSCE to formally endorse the Extractive Industries Transparency Initiative—a move that would send an important signal about this body’s commitment to the principles of good governance and transparency—the U.S. encourages us to explore whether there are additional sectoral initiatives that merit support from the OSCE, including the Construction Sector Transparency Initiative.  The United States Government also strongly supports the Irish Chair’s goal to develop a Statement or Declaration of Transparency Principles to help guide our governments in their future activities. I want to encourage us to consider new models of bilateral cooperation to promote good governance such as the model Mr. Murray just discussed, leading to a public-private initiative in the Russian power generation sector.   We at the U.S. Department of Commerce are working closely with the Center for Black Sea/Caspian Studies at American University to potentially convene a conference in May of next year that would seek to address the challenge of developing mechanisms to ensure good governance and transparency, while also balancing the goals of protecting national security and accelerating economic development faced by the countries of the Caucasus and Central Asia, as they seek to assert their role as a gateway between Europe and Asia.  In addition, the conference will also focus on specific market access challenges to regional integration and economic development in the Caucasus and Central Asia such as transparency in Government procurement and privatization, and trade facilitation challenges, including customs and lack of regional harmonization.  It is our hope that the OSCE will join us for this event – focused on critical areas such as transport and infrastructure – to work on tangible ideas for projects and collaborations in the OSCE region. We look forward with great interest to the 20th Economic and Environmental Forum, where we will delve deeper into all the facets of good governance.  We also thank the Lithuanian Chairman-in-Office for ensuring that their draft Ministerial Council decision on Energy Security incorporates transparency in the energy sector – in our view, considering the vital role that energy plays in modern economic life, there can be no confidence, and thus no security, without energy transparency.  In the year ahead, we envision an even broader focus on transparency principles across the entire spectrum of economic and environmental activities, and will work with all of our colleagues in the OSCE to make that vision a reality. Thank you, Mr. Moderator.

  • Commissioner Camuñez's Opening Statement at the Economic and Environmental Dimension Implementation Meeting

    Economic and Environmental Dimension Implementation Meeting Opening Remarks On behalf of the United States, I would like to thank the Lithuanian Chairman-in-Office, Secretary General Zannier, Coordinator for Economic and Environmental Activities Svilanović, and of course our Austrian hosts for convening this inaugural Economic and Environmental Dimension Implementation Meeting and for providing a warm welcome to Vienna. It is an honor to be here today as head of the U.S. delegation to the OSCE, representing the U.S. Government in my capacity as an Assistant Secretary of Commerce for Market Access and Compliance (MAC) within the International Trade Administration, and as a Commissioner to the U.S. Helsinki Commission. As a Commerce Department Assistant Secretary for Market Access and Compliance, I am responsible for helping lead the effort to open new markets for U.S. companies, identifying and eliminating market access challenges such as non-tariff barriers to trade, and helping to monitor and enforce U.S. trade agreements and commitments. The work of the Environmental and Economic Dimension, especially that which focuses on transparency of markets and good governance, is closely aligned with the work we undertake in the International Trade Administration. I am here today to deliver the message that the U.S. Government is highly committed to making the second dimension even more effective and dynamic, and that we will do our part in ensuring that our economic and environmental commitments receive the same level of attention and scrutiny that those in the political-military and human dimensions currently enjoy. I will try to keep my remarks brief, but I think it is critical that we take a close look at the economic and environmental commitments as they were spelled out in the 2003 Maastricht Strategy. We still see Maastricht as the key blueprint for moving forward on all the  commitments that have come before, and in particular, note a number of areas where we could pursue significant, substantive action over the next few years to achieve measurable progress. Our commitments on economic cooperation have at their core the idea of connectedness to regional and global markets, to trade and investment networks, and to energy and transportation infrastructure, as a way to address emerging economic challenges and threats. In light of the global economic downturn, it is vital that we recommit ourselves to increasing cooperation through a variety of measures, including improving corporate governance and public management, eliminating unnecessary and discriminatory barriers to trade, continuing  to harmonize our regulations and standards where appropriate, taking further steps to combat financial crimes like bribery and money laundering, and increasing confidence through the incorporation of transparency principles in all of our public and private ventures. At the same time, in view of our progress made this year worldwide on  empowering women in the economy, first at the Invest for the Future Conference in Istanbul in January and most recently at the APEC Summit in San Francisco, we believe it is important to recognize the critical connection between women and strong economies, and to remove all barriers that prevent women from full and equal participation in the economy. I would like to focus my comments this morning on the subject of good governance, however. We have committed ourselves time and again to “good governance,” and while progress has been made, much work remains to be done. As stated in the 2003 Maastricht Strategy, achieving good governance will require a comprehensive, long-term strategic approach. In the view of the U.S. Government, good governance is the core theme within the economic and environmental dimension, and we are pleased that next year’s Forum will address the topic in a broad and detailed way. When we speak of good governance, we speak about governments having both the propensity and the competence to manage complex political and economic systems in a fair, fully inclusive, and transparent way. Anti-corruption is part of it, but not the whole picture. It’s about having transparent, clear and predictable legislative and regulatory frameworks that foster efficient and low-cost business formation and development, and most importantly allow and even encourage robust participation in the political and economic spheres by civil society. Let me say a few words about my agency’s past and current work in this area, reserving greater details and the highlights of a new proposal for Session III tomorrow. From 1998-2008, the U.S. Department of Commerce launched a Good Governance Program, focused on partnering with the public and private sectors in the countries of the former Soviet Union and Central-Eastern Europe. This work, focused on promoting sound corporate governance and business ethics, culminated in the publication of a Business Ethics Manual, a Commercial Dispute Resolution Handbook, and a Corporate Governance Manual translated into several languages and disseminated widely throughout the OSCE region. Today, we continue to work on numerous initiatives around the world, within multilateral fora such as APEC and the G20, which involve OSCE members, promoting consensus based principles focused on anticorruption. We have taken our business ethics work and branched out into new regions including Asia and Latin America. Despite a clear understanding of its importance, the lack of good governance and systemic corruption remain some of the single most important market access challenges for companies engaged in trade around the world. This is especially true for small and medium sized enterprises, which are the engine of economic growth and innovation throughout the world. The United States believes that addressing these issues can only lead to greater investment, economic prosperity and security. Over the next three days, we will discuss OSCE support for the Extractive Industries Transparency Initiative (EITI). I am pleased to report that the U.S. Department of Commerce played an important role in supporting the creation of the EITI in its initial phase. The OSCE now has a chance to follow in the steps of the G8 and G20, by endorsing the EITI, and I applaud the governments that have preceded the United States as implementers. The EITI is a great example of how shared commitments towards good governance and transparency in a vital sector to many countries can work and build sustained momentum and engagement between the private sector, governments and civil society. Tomorrow I will share more concrete information about the work that the U.S. Government and my Department have undertaken to promote good governance and to combat corruption. I am pleased to have an expert on business ethics and anti-corruption in the energy sector, as part of the U.S. delegation. Mr. Matthew Murray runs the Center for Business Ethics and Corporate Governance in St. Petersburg, Russia, and he’ll speak to you later about a good governance initiative involving public and private stakeholders in the power generation sector in Russia, which may serve as a model for similar programs in other OSCE countries. I am also pleased to have Kate Watters of Crude Accountability joining the U.S. delegation, who will provide some examples of how transparency is a critical component of enhancing security in the environmental sphere. A month ago, the Economic and Environmental Forum discussed the concept of sustainability and where efforts to promote sustainable practices stand in our region. Those discussions remind us that our commitments on sustainable development encompass a broad spectrum of activities related to efficiency, sound resource management, and the full involvement of all stakeholders in decision-making. Just to cite an example from the Prague Forum, we recognize that in order to further develop economies and markets in such varied areas as the Black Sea region and Central Asia we will need to address several problems: improving the efficiency of border crossings and building construction, tilting the energy mix towards cleaner fuels, harmonizing standards and practices across the region, and, just as critically, ensuring broad involvement of civil society in the decision-making on project proposal, design, and implementation. One thing that sets the OSCE apart from many other organizations addressing the environment is recognition of the clear connection between the environment and security. We recognize that many environmental disasters cannot be predicted or prevented. At the same time, greater transparency – through information sharing and civil society engagement – about possible security risks stemming from the environment will make it possible to prevent or mitigate more disasters, both natural and man-made. We also must recognize that failure to protect the environment is itself a security risk, putting increased pressure on populations facing dwindling resources of clean air and water, arable farmland, and adequate energy. Colleagues, The next three days provide a critical juncture and platform for finding consensus on measures that will improve our implementation of the OSCE commitments in the economic and environmental dimension. The Vilnius Ministerial is only a month and a half away; now is the time to summon the political will to find a way forward. We look forward to building consensus on decisions on energy security, to include good governance and transparency, and we welcome constructive dialogue on additional measures proposed on confidence-building initiatives and sustainable transport. We view these elements, along with sustainable development and protecting the environment, as the cornerstones of the Maastricht Strategy, and will be speaking about these over the next several days. Just a month ago, we found some convergence of opinion on discrete aspects of the second dimension. Let us expand that convergence to the entire dimension as we review our economic and environmental commitments over the next few days, with a view toward substantive deliverables for Vilnius. Thank you, Mr. Moderator.

  • U.S.-Russian Cooperation in the Fight Against Alcoholism: A Glass Half Full?

    Following a hearing on demographic trends in the OSCE region, which feature Russia as a case study, this briefing was held as a venue for discussing prospects for sharing experience, strength, and hope on treating the disease of alcoholism. Divergent approaches to treating a problem that vexes American and Russian society and is a significant factor in the alarmingly low life expectancy of Russian men were presented. Panelists speaking at this briefing discussed the institutions in place in Russia to treat alcoholism, including the Leningrad Oblast, and the need for more of these institutions to be implemented. Historical aspects of this issue were identified as a serious obstacle in presenting a solution to the problem of alcoholism in Russia.

  • 2050: Implications of Demographic Trends in the OSCE Region

    The hearing focused on the implications of current demographic trends in the expansive OSCE region through the prism of the security, economic and human dimensions.  Most of the OSCE’s 56 participating states are experiencing varying stages of demographic decline, marked by diminishing and rapidly aging populations. Such patterns were identifying as likely to have significant social, economic and security consequences for countries throughout the region, including the United States. Witnesses testifying at this hearing – including Jack A. Goldstone, Director of the Center for Global Policy at George Mason University; Nicholas Eberstadt, Henry Wendt Scholar in Political Economy of the American Enterprise Institute; Richard Jackson, Director and Senior Fellow of the Global Aging Initiative at the Center for Strategic and International Studies; and Steven W. Mosher, President of the Population Research Institute – addressed issues related to the demographic trends in the OSCE region, such as shrinking workforces in a growing number of participating States that are expected to become increasingly dependent upon foreign workers in the coming decades. A concern that these factors could contribute to mounting social tensions as demonstrated by clashes in some participating States in recent years was evident.

  • Labor Trafficking In Troubled Economic Times: Protecting American Jobs And Migrant Human Rights

    This hearing brought attention to the extremely lucrative criminal enterprise of human trafficking. Specific attention was focused on those who were most likely to be victims (i.e. people who were poor, had lost their jobs). Therefore, human trafficking, which involves forced labor, profits more in times of economic decline.

  • Canada Considers Next Steps in Extractive Industry Transparency; Roundtable in Toronto is Forum for Discussion on Harmonization of Canadian and U.S. Reporting Requirements

    By Shelly Han Policy Advisor The oil, gas and mining sector play an important part of Canada’s economy, not only in terms of its domestic industry, but also the global reach of Canada’s extractive companies and the importance of its capital markets for international mining companies. According to recent reports, Toronto is the mining finance capital of the world, raising 30 to 40 per cent of the world’s mining equity almost every year, and Canadian mining companies account for a world-leading 40 percent of global exploration expenditure. With passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, a new law was created that requires greater transparency by oil, gas and mining companies in all markets, both domestic and international. The law, sponsored by Senators Ben Cardin and Richard Lugar, requires all companies listed on U.S. stock exchanges to report to the Securities and Exchange Commission (SEC) the payments they make to U.S. and foreign governments for natural resource exploration and extraction. The SEC rule to implement this law is currently being drafted and will become final in early April of 2011. In order to make this transparency initiative even more effective, supporters of the measure are working to enact similar initiatives in other major capital markets such as the EU, Canada, Hong Kong and elsewhere. On January 18, 2011, the Publish What You Pay Coalition of Canada convened a roundtable discussion to consider ways that Canada might harmonize its exchange reporting regulations with the new requirements enacted in the United States. At the event were key players in the Canadian extractives industry sector, the regulatory agencies, academics and non-governmental organizations. Strong support was expressed by some participants for harmonization with the U.S. because of Canada’s pivotal role in providing mining capital. And even though Canadian companies and the Canadian Government have made a tremendous push toward increasing corporate social responsibility in the mining sector, it was noted by one of the participants that Canada is about to be severely criticized by the Organization for Economic Cooperation and Development (OECD) following completion of an assessment of their enforcement of anti-bribery laws. During the discussion, the participants noted that a complicating factor in harmonization was the fact that Canadian capital markets are administered at the provincial and territory-level, meaning that unlike the practice in the United States where this is just one federal regulator, Canada has 13 separate securities regulators. Currently pending legislation in the form of a draft Securities Act, however, may create an overarching federal securities body, but some participants expressed doubt about the passage of this bill. Even absent creation of a federal agency, some participants noted that if the major exchanges in Toronto and Ontario moved to harmonize first, then other provinces were likely to follow suit. Regardless, Canadian regulators are unlikely to move forward until a final SEC rule is issued in April. At that time groups such as the Publish What You Pay Coalition and others will likely move forward with a renewed push for harmonization with new global standard on transparency for the extractive industries.

  • Year in Review: 2010 Supplementary Human Dimension Meetings

    By Janice Helwig and Mischa Thompson, Policy Advisors Since 1999, the OSCE participating States have convened three “supplementary human dimension meetings” (SHDMs) each year – that is, meetings intended to augment the annual review of the implementation of all OSCE human dimension commitments. The SHDMs focus on specific issues and the topics are chosen by the Chair-in-Office. Although they are generally held in Vienna – with a view to increasing the participation from the permanent missions to the OSCE – they can be held in other locations to facilitate participation from civil society. The three 2010 SHDMs focused on gender issues, national minorities and education, and religious liberties. But 2010 had an exceptionally full calendar – some would say too full. In addition to the regularly scheduled meetings, ad hoc meetings included: A February 9-10 expert workshop in Mongolia on trafficking; A March 19 hate crimes and the Internet meeting in Warsaw; A June 10-11th meeting in Copenhagen to commemorate the 20th anniversary of the Copenhagen Document; A (now annual) trafficking meeting on June 17-18; and A high-level conference on tolerance June 29-30 in Astana. The extraordinary number of meetings also included an Informal Ministerial in July, a Review Conference (held in Warsaw, Vienna and Astana over the course of September, October, and November) and the OSCE Summit on December 1-2 (both in Astana). Promotion of Gender Balance and Participation of Women in Political and Public Life The first SHDM of 2010 was held on May 6-7 in Vienna, Austria, focused on the “Promotion of Gender Balance and Participation of Women in Political and Public Life.” It was opened by speeches from Kazakhstan's Minister of Labour and Social Protection, Gulshara Abdykalikova, and Portuguese Secretary of State for Equality, Elza Pais. The discussions focused mainly on “best practices” to increase women’s participation at the national level, especially in parliaments, political parties, and government jobs. Most participants agreed that laws protecting equality of opportunity are sufficient in most OSCE countries, but implementation is still lacking. Therefore, political will at the highest level is crucial to fostering real change. Several speakers recommended establishing quotas, particularly for candidates on political party lists. A number of other forms of affirmative action remedies were also discussed. Others stressed the importance of access to education for women to ensure that they can compete for positions. Several participants said that stereotypes of women in the media and in education systems need to be countered. Others seemed to voice stereotypes themselves, arguing that women aren’t comfortable in the competitive world of politics. Turning to the OSCE, some participants proposed that the organization update its (2004) Gender Action Plan. (The Gender Action Plan is focused on the work of the OSCE. In particular, it is designed to foster gender equality projects within priority areas; to incorporate a gender perspective into all OSCE activities, and to ensure responsibility for achieving gender balance in the representation among OSCE staff and a professional working environment where women and men are treated equally.) A few participants raised more specific concerns. For example, an NGO representative from Turkey spoke about the ban on headscarves imposed by several countries, particularly in government buildings and schools. She said that banning headscarves actually isolates Muslim women and makes it even harder for them to participate in politics and public life. NGOs from Tajikistan voiced their strong support for the network of Women’s Resource Centers, which has been organized under OSCE auspices. The centers provide services such as legal assistance, education, literacy classes, and protection from domestic violence. Unfortunately, however, they are short of funding. NGO representatives also described many obstacles that women face in Tajikistan’s traditionally male-oriented society. For example, few women voted in the February 2010 parliamentary elections because their husbands or fathers voted for them. Women were included on party candidate lists, but only at the bottom of the list. They urged that civil servants, teachers, health workers, and police be trained on legislation relating to equality of opportunity for women as means of improving implementation of existing laws. An NGO representative from Kyrgyzstan spoke about increasing problems related to polygamy and bride kidnappings. Only a first wife has any legal standing, leaving additional wives – and their children - without social or legal protection, including in the case of divorce. The meeting was well-attended by NGOs and by government representatives from capitals. However, with the exception of the United States, there were few participants from participating States’ delegations in Vienna. This is an unfortunate trend at recent SHDMs. Delegation participation is important to ensure follow-up through the Vienna decision-making process, and the SHDMs were located in Vienna as a way to strengthen this connection. Education of Persons belonging to National Minorities: Integration and Equality The OSCE held its second SHDM of 2010 on July 22-23 in Vienna, Austria, focused on the "Education of Persons belonging to National Minorities: Integration and Equality." Charles P. Rose, General Counsel for the U.S. Department of Education, participated as an expert member of the U.S. delegation. The meeting was opened by speeches from the OSCE High Commissioner on National Minorities Knut Vollebaek and Dr. Alan Phillips, former President of the Council of Europe Advisory Committee on the Framework Convention for the Protection of National Minorities. Three sessions discussed facilitating integrated education in schools, access to higher education, and adult education. Most participants stressed the importance of minority access to strong primary and secondary education as the best means to improve access to higher education. The lightly attended meeting focused largely on Roma education. OSCE Contact Point for Roma and Sinti Issues Andrzej Mirga stressed the importance of early education in order to lower the dropout rate and raise the number of Roma children continuing on to higher education. Unfortunately, Roma children in several OSCE States are still segregated into separate classes or schools - often those meant instead for special needs children - and so are denied a quality education. Governments need to prioritize early education as a strong foundation. Too often, programs are donor-funded and NGO run, rather than being a systematic part of government policy. While states may think such programs are expensive in the short term, in the long run they save money and provide for greater economic opportunities for Roma. The meeting heard presentations from several participating States of what they consider their "best practices" concerning minority education. Among others, Azerbaijan, Belarus, Georgia, Greece, and Armenia gave glowing reports of their minority language education programs. Most participating States who spoke strongly supported the work of the OSCE High Commissioner on National Minorities on minority education, and called for more regional seminars on the subject. Unfortunately, some of the presentations illustrated misunderstandings and prejudices rather than best practices. For example, Italy referred to its "Roma problem" and sweepingly declared that Roma "must be convinced to enroll in school." Moreover, the government was working on guidelines to deal with "this type of foreign student," implying that all Roma are not Italian citizens. Several Roma NGO representatives complained bitterly after the session about the Italian statement. Romani NGOs also discussed the need to remove systemic obstacles in the school systems which impede Romani access to education and to incorporate more Romani language programs. The Council of Europe representative raised concern over the high rate of illiteracy among Romani women, and advocated a study to determine adult education needs. Other NGOs talked about problems with minority education in several participating States. For example, Russia was criticized for doing little to provide Romani children or immigrants from Central Asia and the Caucasus support in schools; what little has been provided has been funded by foreign donors. Charles Rose discussed the U.S. Administration's work to increase the number of minority college graduates. Outreach programs, restructured student loans, and enforcement of civil rights law have been raising the number of graduates. As was the case of the first SHDM, with the exception of the United States, there were few participants from participating States’ permanent OSCE missions in Vienna. This is an unfortunate trend at recent SHDMs. Delegation participation is important to ensure follow-up through the Vienna decision-making process, and the SHDMs were located in Vienna as a way to strengthen this connection. OSCE Maintains Religious Freedom Focus Building on the July 9-10, 2009, SHDM on Freedom of Religion or Belief, on December 9-10, 2010, the OSCE held a SHDM on Freedom of Religion or Belief at the OSCE Headquarters in Vienna, Austria. Despite concerns about participation following the December 1-2 OSCE Summit in Astana, Kazakhstan, the meeting was well attended. Representatives of more than forty-two participating States and Mediterranean Partners and one hundred civil society members participated. The 2010 meeting was divided into three sessions focused on 1) Emerging Issues and Challenges, 2) Religious Education, and 3) Religious Symbols and Expressions. Speakers included ODIHR Director Janez Lenarcic, Ambassador-at-large from the Ministry of Foreign Affairs of the Republic of Kazakhstan, Madina Jarbussynova, United Nations Special Rapporteur on Freedom of Religion or Belief, Heiner Bielefeldt, and Apostolic Nuncio Archbishop Silvano Tomasi of the Holy See. Issues raised throughout the meeting echoed concerns raised during at the OSCE Review Conference in September-October 2010 regarding the participating States’ failure to implement OSCE religious freedom commitments. Topics included the: treatment of “nontraditional religions,” introduction of laws restricting the practice of Islam, protection of religious instruction in schools, failure to balance religious freedom protections with other human rights, and attempts to substitute a focus on “tolerance” for the protection of religious freedoms. Notable responses to some of these issues included remarks from Archbishop Silvano Tomasi that parents had the right to choose an education for their children in line with their beliefs. His remarks addressed specific concerns raised by the Church of Scientology, Raelian Movement, Jehovah Witnesses, Catholic organizations, and others, that participating States were preventing religious education and in some cases, even attempting to remove children from parents attempting to raise their children according to a specific belief system. Additionally, some speakers argued that religious groups should be consulted in the development of any teaching materials about specific religions in public school systems. In response to concerns raised by participants that free speech protections and other human rights often seemed to outweigh the right to religious freedom especially amidst criticisms of specific religions, UN Special Rapporteur Bielefeldt warned against playing equality, free speech, religious freedom, and other human rights against one another given that all rights were integral to and could not exist without the other. Addressing ongoing discussion within the OSCE as to whether religious freedom should best be addressed as a human rights or tolerance issue, OSCE Director Lenarcic stated that, “though promoting tolerance is a worthwhile undertaking, it cannot substitute for ensuring freedom of religion of belief. An environment in which religious or belief communities are encouraged to respect each other but in which, for example, all religions are prevented from engaging in teaching, or establishing places of worship, would amount to a violation of freedom of religion or belief.” Statements by the United States made during the meeting also addressed many of these issues, including the use of religion laws in some participating States to restrict religious practice through onerous registrations requirements, censorship of religious literature, placing limitations on places of worship, and designating peaceful religious groups as ‘terrorist’ organizations. Additionally, the United States spoke out against the introduction of laws and other attempts to dictate Muslim women’s dress and other policies targeting the practice of Islam in the OSCE region. Notably, the United States was one of few participating States to call for increased action against anti-Semitic acts such as recent attacks on Synagogues and Jewish gravesites in the OSCE region. (The U.S. statements from the 2010 Review Conference and High-Level Conference can be found on the website of the U.S. Mission to the OSCE.) In addition to the formal meeting, four side events and a pre-SHDM Seminar for civil society were held. The side events were: “Pluralism, Relativism and the Rule of Law,” “Broken Promises – Freedom of religion or belief in Kazakhstan,” “First Release and Presentation of a Five-Year Report on Intolerance and Discrimination Against Christians in Europe” and “The Spanish school subject ‘Education for Citizenship:’ an assault on freedom of education, conscience and religion.” The side event on Kazakhstan convened by the Norwegian Helsinki Committee featured speakers from Forum 18 and Kazakhstan, including a representative from the CiO. Kazakh speakers acknowledged that more needed to be done to fulfill OSCE religious freedom commitments and that it had been a missed opportunity for Kazakhstan not to do more during its OSCE Chairmanship. In particular, speakers noted that religious freedom rights went beyond simply ‘tolerance,’ and raised ongoing concerns with registration, censorship, and visa requirements for ‘nontraditional’ religious groups. (The full report can be found on the website of the Norwegian Helsinki Committee.) A Seminar on Freedom of Religion and Belief for civil society members also took place on December 7-8 prior to the SHDM. The purpose of the Seminar was to assist in developing the capacity of civil society to recognize and address violations of the right to freedom of religion and belief and included an overview of international norms and standards on freedom of religion or belief and non-discrimination.

  • Russia: U.S. Congressmen Propose Sanctions in Lawyer’s Death

    Members of the United States Congress introduced legislation on Wednesday that would impose financial sanctions and visa bans on Russian officials implicated in the case of Sergei L. Magnitsky, a Russian lawyer who died in prison in Moscow in November after being ensnared in tax inquiry. The measure’s sponsors — including Senator Benjamin L. Cardin, a Maryland Democrat, and Representative Jim McGovern, a Massachusetts Democrat — said it was intended to spur the Russian government to properly investigate Mr. Magnitsky’s death. His defenders contend that he was jailed in an effort to force him to falsify testimony against Hermitage Capital Management, a major foreign investment fund that once had large holdings in Russia. His death caused widespread outrage and focused renewed attention on police tactics and corruption in Russia.

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