Title

European Political Leaders to Discuss Diversity and Inclusion in Europe at Helsinki Commission Hearing

Tuesday, September 03, 2019

WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing:

THE STATE OF DIVERSITY AND INCLUSION IN EUROPE
Race, Rights, and Politics

Wednesday, September 11, 2019
10:00 a.m. – 12:00 p.m.
Cannon House Office Building
Room 210

Live Webcast: www.youtube.com/HelsinkiCommission

Against the backdrop of recent European elections, European political leaders will discuss the state of their democracies and recent efforts to address issues of diversity and inclusion amidst rising prejudice and xenophobic violence, including from far-right extremist groups.  The hearing will also examine the impact of anti-discrimination policies and diversity initiatives aimed at ensuring and protecting equal rights as European countries attempt to balance the economic needs of immigration and other benefits of diverse populations with continuing national identity and security concerns.

The following speakers are scheduled to participate:

  • Councilor Irene Appiah (Hamburg, Germany)
  • Vice-Chair Domenica Ghidei Biidu, European Commission against Racism and Intolerance (Netherlands)
  • MEP Romeo Franz (Germany)
  • MEP Pierrette Herzberger-Fofana (Germany)
  • MEP Evin Incir (Sweden)
  • MP Danièle Obono (France)
  • MEP Samira Rafaela (Netherlands)
Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
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  • International Roma Day Bracketed by Rising Extremism and Violence

    By Erika B. Schlager, Counsel for International Law On April 8, Romani communities throughout the OSCE region celebrated International Roma Day. Numerous recent events, however, underscored the profound prejudice Roma continue to face. Background On April 8, 1971, Roma from across Europe met in London for the first congress of the International Romani Union (IRU). At the 4thcongress of the IRU, convened in Warsaw in 1990, participants designated April 8 as “International Roma Day” and, in subsequent years, International Roma Day has been an occasion not only to celebrate Romani language, history and culture, but also to draw attention to the often deplorable conditions in which Roma live. In 2000, the day was marked by an appeal by Pope John Paul II for “full respect for the human dignity of these brothers and sisters.” His remarks – coming after the beatification of Spanish Romani martyr Ceferino Gimenez Malla – reflected a growing awareness of the plight of Roma and simultaneously contributed to better understanding of Romani experiences. This Year’s International Roma Day International Roma Day was marked by Secretary of State Hillary Clinton in a video address posted on the Department of State website and broadcast at events at several U.S. Embassies in Europe. (Her remarks were also translated into Romani and circulated on the internet by Romani NGOs.) Many United States embassies in Europe hosted or participated in a diverse array of related events. In Vienna, the United States Mission to the OSCE used the occasion to raise Romani human rights issues at the weekly meeting of the Permanent Council (see statement below). In particular, the Mission urged the Italian and Hungarian delegations to provide information on efforts to prosecute violent attacks against Roma in those countries. In addition, many human rights organizations drew attention to continuing violations of the human rights of Roma and many Romani nongovernmental organizations hosted cultural or other activities. For example, the San Francisco-based NGO Voice of Roma organized a series of activities including music, traditional crafts, dance, film and discussion. At the international level, the OSCE High Commissioner on National Minorities, the OSCE Office for Democratic Institutions and Rights, the Council of Europe, and other human rights bodies also observed International Roma Day. Rising Extremism In recent months, however, there has been an alarming rise in manifestations of profound prejudice directed against Roma. Hungary Notoriously, there have been dozens of violent attacks against Roma in Hungary over the course of the past year, including six murders. The most shocking attack occurred in February, when 27-year-old Robert Csorba and his five-year-old son, Robert, were murdered. Their home was set on fire and then, apparently, father and child were riddled with bullets to prevent them from escaping the blaze. Several other attacks against Roma have also involved Molotov cocktails used to set houses on fire. Other children have been injured in various attacks. Thus far, there has not been a single successful prosecution for any of these attacks. Moreover, the Hungarian government has asserted that only a court can determine if an attack is ethnically motivated and therefore it is inappropriate to characterize this wave of violence as racist or ethnically motivated. (Incongruously, Hungarian government officials continue to raise concern about ethnically motivated acts against Hungarian minorities in neighboring states. In early April, for example, Hungarian officials called on Serbian authorities to address crimes that Budapest characterized as anti-Hungarian.) On April 7, the home of a local Romani official, Lidia Horvath, was set on fire. She subsequently asserted that the attack was directed at her as retaliation for her efforts to shed light on the murder of the Csorba family, which investigators initially dismissed as death by accidental fire. Separately, controversy erupted in April regarding an interview with Mate Szabo, the Parliamentary Commissioner for Civil Rights, who referred to “Tsigan [loosely translatable as “Gypsy”] crime.” His remarks come at a time when not only extremist organizations but often mainstream public figures and media outlets are fixated on the notion of alleged “Gypsy criminality.” Almost 60% of the respondents in a recent Hungarian opinion poll said they believed that “crime is in the blood of Roma.” Five leading human rights groups in Hungary denounced the ombudsman’s comments and Szabo subsequently retracted his remarks. (Specifically, they objected to the association – by the civil rights commissioner, no less – of a particular ethnic group with crime.) In contrast, National Police Chief Jozsef Bencze participated in an event celebrating International Roma Day at which he stated, “There is no collective guilt because crime cannot be associated with color.” The Czech Republic In November 2008, hundreds of extremists rioted in the Czech town of Litvinov, requiring a thousand Czech police officers marshaled from around the country to hold them at bay. Some human rights activists believe that, with the Litvinov experience in mind, extremists hoped to exploit the focus of security agencies on Prague during the April 5 summit meeting there, attended by President Obama. Accordingly, on April 4, an estimated 700 radicals descended on the town of Prerov, reportedly with the intent of intimidating and attacking Romani residents. As it happened, Czech authorities in Prerov were able to deploy enough law enforcement personnel, including riot police, to largely contain the extremists. “Extremism” in the Czech Republic may be spurred by the extent to which intolerance manifests itself in what passes for mainstream political discourse. Among some public officials, overtly anti-Roma statements continue to be uttered without any discernible political consequences. For example, in 2005 President Vaclav Klaus denied that the Lety concentration camp was actually a concentration camp. Instead, using a common Nazi description of Roma, Klaus asserted that Lety was a place for “people who refused to work”. (Lety was established during the Nazi occupation of the Czech Republic as a concentration camp for Roma. Hundreds died at the camp and many more were deported to Auschwitz.) While still serving as a local mayor, Czech Senator Liana Janackova was recorded describing herself as a racist and saying she would like to get rid of local Roma with dynamite. Some local officials continue to describe Roma as “unadaptable” – another Nazi-era concept – and some Czech media outlets quote these officials, albeit, without an apparent understanding of the historical use of this term. Slovakia On April 7, the Slovak daily Sme broke the story of six Romani boys who had been detained on March 21 by police in Kosice, forced to strip naked and commit violent acts against each other – all captured on film by the arresting officials. The video, quickly posted on You Tube, records the laughter and jeers of the police as they abuse the children. Several news stories have compared the incident to the notorious Abu Ghraib photos, and some have recalled the 2001 incident in which a Slovak Romani man, Karol Sendrei, died after being chained to a radiator in a police station and beaten over the course of a night. The abuse has been widely condemned in Slovakia and led to the immediate suspension of nine police officers. Additional investigation into the incident is continuing. In a less widely reported incident on April 4, 10 Romani men traveling to a construction site were attacked on a bus in Bratislava. Three of them had to be hospitalized. Off the Front Pages and Under the Bridges While these incidents have all garnered headlines, a broad range of chronic problems continue to gnaw away at the fabric of Romani life, including endemic discrimination in education, employment, and social services. Discrimination in housing has a multiplier effect on the lives of Roma, and large-scale forced evictions of Roma are a regular occurrence in many parts of the OSCE region. As a consequence, some Romani families that have been settled for generations find themselves forced into a kind of 21st century involuntary “nomadism.” At the same time, deeply entrenched stereotypes about exotic Roma lifestyles have made it easier for majority societies to ignore the long-term implications of social policies that further marginalize Romani children. On March 13, Amnesty International expressed concern about imminent plans by authorities in Milan to evict a community of some 150 Roma living under an overpass. Amnesty noted that there appeared to be no provision of adequate alternative housing and, accordingly, the Roma were at risk of falling into a cycle of such evictions. Similarly, on International Roma Day, Human Rights Watch drew attention to the plight of 47 Roma families forcibly evicted in Belgrade on April 3, 2009. They were removed from housing that was deemed by authorities to be “substandard” – but the families were left without an adequate alternative. In Kosovo, several NGOs, as well as the Ombudsman Institution, noted that Roma continue to live in lead-contaminated areas of northern Mitrovica, and called for their immediate and sustainable relocation. In Romania, NGOs continue to monitor displacements of Roma in Miercurea Ciuc, Piatra Neamt, and elsewhere – displacements that are hard to reconcile with a stated government policy of integrating Roma and improving access to education for Romani children. Aberrations or Trends? As reflected in the joint statement issued on International Roma Day by the EU Agency for Fundamental Rights, the Council of Europe Commissioner for Human Rights, the OSCE Office for Democratic Institutions and Human Rights and the OSCE High Commissioner on National Minorities, many observers are concerned that Roma will be the scapegoats of the current economic crisis. Yet the ongoing wave of violence against Roma escalated in Hungary and Italy for many months before the onset of the current economic crisis, and is therefore most likely rooted in longstanding prejudices against Roma. Accordingly, it is necessary for governments to re-double their efforts to combat prejudice against Roma. Given that much of contemporary bigotry against Roma still exploits the racist ideology grounded in 20th century eugenics most notoriously embraced by the Nazis, raising awareness of the content of that ideology, as it applied to Roma, is critical. Some governments have, in fact, improved efforts to commemorate Romani Holocaust losses – including Hungary, Romania, and Slovakia. More of this effort needs to be brought into the classroom and, of course, reflected in the discourse of public leaders. Statement on International Roma Day U.S. Committed to Protecting and Promoting the Human Rights of Roma United States Mission to the OSCE Statement on International Roma Day As prepared for delivery by Chargé d' Affaires Kyle Scott to the Permanent Council, Vienna April 2, 2009 Madam Chairwoman, On April 8, we will celebrate International Roma Day, an opportunity to call attention to the history, experiences, and human rights of Europe’s largest ethnic minority. The United States is committed to protecting and promoting the human rights of Roma. Despite important progress that has been made in the last decade, too many Roma still live on the margins of society. Roma continue to experience racial profiling, violence, discrimination, and other human rights abuses. Too often, they lack identity documents or citizenship papers, which exclude them from voting, social services, education, and employment opportunities. During the last year, the participating States and the OSCE have given much-needed attention to the situation of Roma, including through the Supplementary Human Dimension Meeting last July, the visits by the High Commissioner on National Minorities and the ODIHR to Italy, and in our Ministerial Decision 6/08 adopted in Helsinki. We look forward to the discussion of early education for Romani children during the Human Dimension Implementation Meeting in Warsaw later this year. The United States also welcomes efforts by governments and nongovernmental organizations to ensure that the genocide of European Roma is never forgotten. We encourage all participating States to consider ways to better incorporate the genocide of European Roma into educational curricula, including the publication this month of a book in Romania on the deportation of Roma to Transnistria. We note that a monument to Romani victims of the “Porajmos,” the term some Roma use to describe Nazi attempts to exterminate Romani people of Europe during the Holocaust, will be unveiled in Berlin later this year, and also welcome plans to establish an educational and documentation center on the site of a former Romani concentration camp in South Moravia. Unfortunately, as Council of Europe Human Rights Commissioner Thomas Hammarberg observed at the 2007 HDIM, even after the genocide of Roma, “there was no genuine change of attitude among the majority population towards the Roma.” Today, in some of OSCE participating States, local officials continue to describe Roma as “unadaptable,” routinely using a Nazi-era term. Governments have a special responsibility to ensure that minority communities have the tools of opportunity that they need to succeed as productive and responsible members of society. The United States is deeply concerned about the escalation of anti-Roma hate crimes in some OSCE participating States. In this regard, we would welcome information from the Italian delegation regarding efforts to prosecute individuals for participating in mob attacks on Romani camps in 2007 and 2008, when Italian police provided protection to camp residents. We also support efforts by the Hungarian government to prosecute those responsible for recent violent attacks against Roma, including the February murder of Robert Csorba and his five-year-old son. In closing, the United States urges OSCE participating States to honor their commitment—first made a decade ago at the 1999 Istanbul Summit—to ensure that national laws and policies fully respect the rights of Roma. Furthermore, governments must commit to effectively enforcing these laws. Thank you, Madam Chairwoman.

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

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

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

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

  • Report on the UN Committee on the Elimination of Racial Discrimination Review of the US and Seventh Annual Meeting of the UN Working Group on People of African Descent

    By Mischa E. Thompson, Policy Advisor Moving into the 21st century, racism and discrimination continue to be a problem throughout the fifty-six European, North American, and Central Asian countries that make up the Organization for Security and Cooperation in Europe (OSCE), including in the United States. Recent reports by the OSCE, European Union’s Fundamental Rights Agency (2008, 2007), and European Network Against Racism have found that racial minorities and increasingly migrants are the targets of hate crimes and racial/ethnic profiling, in addition to experiencing discrimination in employment, housing, education, and other areas. Political parties espousing anti-migrant and racist positions are also on the rise, with the potential to undermine current efforts to implement tolerance and nondiscrimination initiatives throughout the region. Efforts to address these problems over the years have resulted in the development of multi-lateral instruments to stem the tide of racial discrimination. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is often considered a premier international instrument in this area. Adopted by the United Nations in 1965 and entering force in 1969, over 173 countries including the United States, have agreed to have their government policies reviewed to determine if they create or perpetuate racial discrimination. ICERD defines racial discrimination as “any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.” According to the treaty, countries are required to amend or repeal laws and regulations deemed to be discriminatory and are allowed to introduce positive measures such as affirmative action when necessary. As such, countries are obligated to protect against inequality and discrimination in the enjoyment of human rights, including in the areas of education, housing, criminal justice, health, voting, labor, etc. While the 1975 Helsinki Final Act requires its members to respect human rights and fundamental freedoms “without distinction as to race, sex, language or religion,” no review mechanism comparable to the ICERD currently exists within the OSCE. In recent years, the OSCE participating States have urged ratification of the ICERD (e.g., Copenhagen 1990, Helsinki 1992, Maastricht 2003), adopted complimentary initiatives such as the Annual Hate Crimes Report, and conducted consultations and other activities within the United Nations on relevant initiatives. The ICERD and its implementing committee, the Committee on the Elimination of Racial Discrimination (CERD), therefore continue to remain a primary resource in outlining and determining the success of OSCE countries’ efforts to eliminate racial discrimination. For this reason, the 2008 CERD review of the United States and the status of U.S. efforts to combat racial discrimination were widely followed. From February 18 to March 7, 2008 the Committee on the Elimination of Racial Discrimination (CERD) held its seventy-second session in Geneva, Switzerland. The Committee of eighteen independent experts, including a U.S. representative, is charged with periodically reviewing the performance of the 173 countries that have signed and ratified ICERD. During the seventy-second session, the Committee reviewed anti-discrimination efforts undertaken by the Governments of the United States, Fiji, Italy, Belgium, Nicaragua, Moldova, and the Dominican Republic. The United States appeared before the Committee on February 22 and 23 after having submitted a report in April 2007 on its efforts to eliminate racial discrimination after last appearing before the Committee in 2001. Over four hundred U.S. non-government organizations (NGOs) also compiled and submitted a “Shadow Report” to the Committee, which provided supplementary independent information in addition to the government perspective. Twenty-three persons made up the diverse high-level U.S. delegation, headed by Ambassador Warren Tichenor, Permanent Representative of the United States to the United Nations in Geneva. The delegation also included: Grace Chung Becker, Acting Assistant Attorney General in the Civil Rights Division of the Department of Justice, and Ralph Boyd, a former member of the U.N. Committee. Other members of the delegation were from the Departments of Interior, Justice, State, Homeland Security, and Equal Employment Opportunity Commission. For the first time more than one hundred U.S. NGO representatives also attended the session as a “shadow” delegation. The review began with the United States noting the continuing problem and challenges of combating racial discrimination, but disagreeing with the Committee’s views on causes and solutions. Ambassador Tichenor stated that, “the United States supported the elimination of racial discrimination at home and abroad [...] and had made significant progress in improving race relations in the past [and] continued to work actively to eliminate racial and ethnic discrimination. However, challenges still existed, and a great deal of work remained to be done.” The United States then went on to argue that the causes of continuing racial disparities were poverty and other socio-economic variables, including poor choices made by minorities and discriminatory actions by non-state actors, as opposed to institutionalized practices stemming from past unjust government policies (e.g., slavery, segregation). The United States further argued that it should not bare the primary responsibility for addressing racial disparities because it was not solely responsible for creating the current situation. To bolster this argument, the United States also argued that the Committee’s interpretation of the intent of the ICERD was incorrect in terms of the government needing to play the lead role in combating racial discrimination and disparities. (Find excerpts from the U.S. statements at the end of this report.) This line of argument caused the Committee to question whether the United States still possessed the political will to comply with its ICERD commitments. Indeed, much of the proceedings involved Committee members reiterating the commitments ICERD countries have undertaken as signatories, including augmenting laws and regulations which “have the effect of creating or perpetuating racial discrimination wherever it exists.” Confusion was expressed as to why the U.S. government had supported efforts to end affirmative action in schools, while simultaneously highlighting the existence of racial disparities in all sectors of U.S. society. Further puzzlement was displayed as to why the United States was arguing against playing a lead role in combating discrimination, while at the same time introducing widely acclaimed new initiatives to combat discrimination such as the US Equal Employment Opportunity Commission’s E-RACE Initiative and National Partnership for Action to End Health Disparities. The Committee also questioned the status of and anticipated plans for other U.S. efforts to address de facto discrimination, manifested by racial profiling, lack of equal access to quality housing, healthcare, and education, the failure to preserve Native American land rights and return Hurricane Katrina victims to their homes. Committee members also expressed disappointment in the United States. Several Committee members noted that they viewed the U.S. civil rights movement and resulting policies to address past inequities such as affirmative action, as models for policies they were considering and/or using in their own countries to address human rights concerns stemming from inequities and historical injustices. In some cases, these policies were developed following consultations with the U.S. government. Indeed, the Colombian Committee member remarked that he had participated in a visit to the United States as part of an Afro-Colombian delegation invited to view U.S. programs to combat racial discrimination. Members of the Committee also requested that the United States participate in the 2009 Durban Review Conference, a follow-up to the 2001 World Conference against Racism, as a means for continuing the conversation on eliminating racial discrimination. The United States responded that it had withdrawn negotiators from the first Durban Conference “because of pervasive anti-Semitism in its discussions” and would make a decision regarding participation at a later date. A summary of the U.S. Review before the Committee and Concluding Observations of the Committee included recommendations to the United States in areas ranging from affirmative action and immigration to voter disenfranchisement and the rights of Native Americans and tribal peoples. This includes a request for an interim report due in February 2009 on how the United States has implemented the Committee’s recommendations regarding: 1) racial profiling and counterterrorism efforts impacting Arab, Muslim, South Asian and others, 2) protecting Western Shoshone lands, 3) efforts to return displaced Hurricane Katrina victims, 4) decreasing minority youth imprisonment rates, and 5) organizing training programs and other initiatives to make government officials and parties at the state and local levels aware of U.S. responsibilities under the ICERD. This last point was repeatedly raised by the civil society shadow delegation. In particular they were concerned by “U.S. exceptionalism” – or the perception that United States tells other nations to abide by international human rights laws, but refuses to comply with those laws itself. The Committee also called for greater consultation and cooperation between the U.S. government and civil society in preparation of its next report due in November 2011 following concerns that civil society was not sufficiently consulted during the drafting of the 2007 report. Also, of relevance in addressing global efforts to eradicate racial discrimination was the seventh annual meeting of the United Nations Working Group on People of African Descent (WGPAD). Formed in April 2002, the Working Group studies and proposes solutions to the problems of racial discrimination faced by people of African descent living in the Diaspora, with a focus on improving their human rights situation. The Working Group met for its seventh Annual Session on January 14 to 18th, where it reviewed its proceedings of the past seven years on thematic issues that impact the experiences of persons of African descent in the following areas: administration of justice, media, equal access to quality education, employment, health, housing, participation in political, economic, and social sectors, racial profiling, and the empowerment of women of African descent. The WGPAD seventh Annual Session focused on the development of recommendations based upon these past sessions as a UN requirement in preparation for the 2009 Durban Review Conference. The United States participated as an Observer at the meeting. The Final Recommendations included calls for countries to: develop and/or adopt national action plans and monitoring bodies to combat racism and assist victims, address racial profiling and other disparities in the criminal justice system, introduce socio-economic data collection methods that include African descendants, counter negative media stereotypes, develop a best practices report and index on racial equality, and create a fund to support NGO participation in future WGPAD activities and meetings. The next WGPAD meeting is scheduled for January 12-14th and will focus on youth. Within the OSCE context, the WGPAD holds special importance as the only multilateral entity focused on the human rights situation of the more than five million persons that make up the African descendant or Black European population. In recent years, partially as a result of their high visibility in European countries, Blacks have increasingly become the targets of hate crimes and experienced discrimination in education, employment, housing, and other sectors. Additionally, Blacks are often the targets of anti-immigrant campaigns, including racial profiling, regardless of their citizenship (see also U.S. Helsinki Commission Hearing The State of (In)visible Black Europe: Race, Rights, and Politics). Initiatives such as the CERD and WGPAD have been critical to maintaining a global focus on countries’ efforts to monitor and combat racial discrimination in line with their human rights commitments. Additionally, they complement OSCE efforts in this area such as this year’s OSCE Supplementary Meetings in Vienna on Roma and national institutions to fight discrimination against minorities and migrants. Because of the role promoting equality and non-discrimination plays in the protection of human rights and ensuring peace and security in the OSCE region, the U.S. Helsinki Commission has also increased its focus in this area.

  • 2008 Human Dimension Implementation Meeting

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

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

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

  • Racism and Xenophobia: The Role of Governments in Addressing Continuing Challenges

    by Mischa Thompson, PhD and Alex Johnson, Staff Advisors On May 29-30, 2008, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) held the Supplementary Human Dimension Meeting (SHDM), titled “The Role of National Institutions against Discrimination in Combating Racism and Xenophobia with Special Focus on Persons belonging to National Minorities and Migrants” (http://www.osce.org/conferences/shdm1_2008.html). Prior to the meeting, a “roundtable for civil society" was organized by ODIHR to enable civil society representatives to prepare recommendations to be presented during the Opening Session of the SHDM. The purpose of the Supplementary Meeting was to focus on “National Institutions Against Discrimination” (NIADs) that OSCE countries have developed to combat racism and discrimination. The majority of OSCE countries have in place national human rights or ombudsman institutions to deal with human rights violations in general, however, their mandates and capacity to deal more specifically with manifestations of racism and xenophobia vary, with some having little to no focus on this area. The SHDM examined the role of national institutions in responding to and combating racism and xenophobia in particular, where such cases involve persons belonging to national minorities and migrants. Official delegations from the OSCE countries took part in the conference, including participation from the U.S. Congress. Representative Alcee L. Hastings, Chairman of the U.S. Commission on Security and Cooperation in Europe (CSCE), participated as head of the Official OSCE Parliamentary Assembly delegation in his role as President Emeritus of the Parliamentary Assembly (PA). The U.S. Delegation included U.S. Ambassador to the OSCE Julie Finley, as well as Naomi Churchill Earp, Chair of the Equal Employment Opportunity Commission (EEOC). The two-day Conference featured three panels focused on the role and mandate of NIADs in combating racism and xenophobia, overcoming challenges, and good practices. Additionally, there was a side event hosted by the UN High Commissioner for Refugees (UNHCR) and ODIHR entitled, “Is the right to asylum undermined by racism and xenophobia?” The conference was held in Austria, where reports from the European Union Fundamental Rights Agency (EUFRA) and European Network Against Racism (ENAR) had previously cited numerous cases of racism and discrimination impacting Roma, Black, Muslim, Jewish, and migrant communities in education, employment, housing, criminal justice, and other areas (see http://www.fra.europa.eu/factsheets/front/factSheetPage.php?category=1136&country=4&year=2008; http://cms.horus.be/files/99935/MediaArchive/national/Austria_2006.pdf.) Chairman Hastings, representing the OSCE PA, delivered remarks at the Opening Session of the meeting following presentations from the outgoing Director of ODIHR, Ambassador Christian Strohal, and the incoming Director of EUFRA, Morten Kjaerum. Chairman Hastings’ remarks focused on the importance of the U.S. story in developing remedies to historic injustices, lessons learned, and remaining challenges, including those faced by migrant populations. He noted that, “given the multiple effects of racism and discrimination, there is no single government office that can fully address the problem [and that] the decades of U.S. government institutions fighting discrimination, recruiting from diverse communities, providing education and training opportunities for minorities coupled with efforts from the civil society and private sector were critical to [gains minorities have made in the U.S.].” In addition to noting the need for minority input in the creation and implementation of any strategies, he also stressed the need for action. “I’ve been meeting on efforts to stop racism for 30 years. It’s time for something to be done,” he said. The need for action also was underscored by a number of attendees of the meeting who cited numerous problems with the political independence of, funding, structure, knowledge of, and mandate of NIADs, which impacted their abilities to adequately address problems faced by the communities they were designed to assist. Calls for NIADs to be independent were raised by numerous civil society members, as they felt links to government prevented prompt and appropriate responses to acts of discrimination. Additionally, this was said to impact their structure, as members of the affected communities cited that they were not appointed to the boards, employed in the organizations, nor consulted in the plans and initiatives of the institutions. One civil society participant cited as evidence of this, that a number of the panelists at the SHDM were not “Muslim, Black, or some other visible minority,” despite playing leading roles in NIADs. Others noted cronyism in the appointments, leading to questions of whether the leaders of a number of the organizations possessed the ‘cultural competency’ needed to adequately address problems of racism and xenophobia. Concerns about the mandates were also raised, as they were often focused on legal remedies, data collection, and assisting victims, but may not have included or were unsuccessful with outreach, education, and/or empowerment tools, e.g., informing affected communities of anti-discrimination laws and initiatives, providing technical assistance to minority/migrant organizations to represent themselves. For many, these problems indicated a lack of actual political will to solve the problems, which was then also reflected in several NIADs reporting a lack of government funding. These concerns were noted as reasons civil society was in some countries assuming and/or being asked to assume government responsibilities for addressing racism and xenophobia. Addressing some of these concerns, and underscoring a number of Chairman Hastings’ observations, U.S. delegate Naomi Earp of the EEOC provided remarks on the U.S. approach to combating discrimination during the Opening Session and Session III of the Meeting (Document 1, Document 2). Noting that, “Sadly racism is alive and well,” she detailed the numerous federal, state, and local civil rights programs and institutions in the U.S. created to implement racial equality. She cited politics and funding as primary challenges and noted the need for “a viable consensus” among government actors, civil society, the private sector, and other affected parties to prioritize and formulate successful strategies. “Nations must understand that institutionalizing equal opportunity, while laudable, has financial consequences,” she said, including details of the importance of planned and adequate funding. Moving beyond a paradigm of addressing violent forms of discrimination, she also noted the need to combat systematic or institutionalized discrimination, as well as subtle and blatant forms of discrimination that impact hiring, promotions, and other aspects of the workplace (see E-Race initiative http://www.eeoc.gov/initiatives/e-race/index.html). A number of other participating States, such as France and Belgium noted how their NIADs were organized and what they did. Others reiterated the growing problems of racism and xenophobia in their societies and cited the need for solutions. Russian Ombudsman Vladmir Lukin remarked, “extremist ideas and xenophobic attitudes are nowadays commonly concealed as formally legitimate disagreement to a state’s migration policy,” and that solutions should also focus on tolerance education, as “responding to already committed crimes makes it impossible to start their effective prevention.” The Meeting ended with OSCE Chair-in-Office Personal Representative on Combating Racism, Xenophobia, and Discrimination against Christians and Members of Other Religions, Anastasia Crickley calling for an increased focus on implementing solutions. She noted that the remarks of two Americans, Chairman Alcee L. Hastings and Naomi Earp, illuminated two key concepts participants should take away from the SHDM. First, she observed that Chairman Hastings demonstrated why, “national institutions and official agencies should reflect the diversity of the communities they represent,” and second that, Ms. Earp demonstrated that participants must “measure issues so that they can address them.” Ms. Crickley also observed that a number of forms of discrimination were inadequately engaged throughout the SHDM proceedings, particularly discrimination faced by Roma and Sinti communities. Expected outcomes of the meeting included the creation and/or strengthening of NIADs by OSCE participating States, increased cooperation and partnerships of NIADs with civil society, and assistance for burgeoning NIADs. Additionally, the development and implementation of national action plans with the consultation of civil society, improved data collection, research, and reporting, and maintaining a focus on combating racism and xenophobia in the face of attempts to refocus the conversation solely on integration and immigration were highlighted. Many questions of what the follow-up to this meeting could be remained, including possible trainings and technical assistance to strengthen NIADs, outreach and empowerment initiatives for affected communities, the role of the private sector, and as well as the need for participating States themselves to better understand racism, xenophobia, and discrimination and how best to adequately, design, fund, implement, and sustain successful strategies.

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

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

  • Italian Fingerprinting Targeting Romani Communities Triggers Protests; OSCE Pledges Fact-Finding

    By Erika B. Schlager, Counsel for International Law On July 10 and 11, the OSCE participating States held the 2nd of this year’s three Supplementary Human Dimension Meetings (SHDMs). This meeting, formally devoted to consideration of “Sustainable Policies for Roma and Sinti Integration,” also became a forum to protest Italy’s announced plans to fingerprint Roma and Sinti – and no one else. (“Sinti” is the term of self-ascription used by a Romani people primarily in historically German-speaking areas of Europe.) The OSCE’s newly appointed Director of the Office for Democratic Institutions and Human Rights, Janez Lenarcic, announced at the meeting’s opening that the OSCE and Council of Europe would undertake a fact-finding trip to Italy to examine the situation of the Roma there. Overview of Meeting The OSCE holds three Supplementary Human Dimension Meetings each year. These are two-day human rights meetings held in Vienna, Austria (where the OSCE is headquartered). As originally conceived, these meetings are intended to bring topical human rights issues closer to the Permanent Council of the 56 participating States, the key decision-making body of the OSCE. The topics for the SHDMs are chosen by the OSCE Chair-in-Office (a post currently held by Finland), in consultation with the participating States. The SHDMs augment the annual two-week human dimension implementation review, typically held in the fall in Warsaw. Participants at this meeting included representatives from the national delegations to the OSCE in Vienna; government representatives from capitals (including from offices or departments specializing in Romani concerns); local authorities with responsibility for implementing policies relating to Romani minorities; representatives of Romani and other non-governmental organizations (NGO); and international organizations (such as the Council of Europe and United Nations Development Program). The meeting was divided into successive sessions: 1) an opening session which included keynote remarks presented by Romanian Government State Secretary Gruia Bumba, head of Romania’s National Agency for Roma; 2) a session on the role and responsibility of regional and local authorities to assist in integrating Roma; 3) a session on good practices and major challenges in improving the situation of Roma at the local level; 4) a session on policies to facilitate equal access of Roma and Sinti to public services and education; and 5) closing remarks. These discussions were enriched by the insights of officials actually implementing policies or programs relating to Roma at the local or regional level, including the Head of the Unit of Attention for the Roma Community from the Catalan Government in Spain; the Director of Empowering Social Work and Basic Security from the City of Jyvaskyla, Finland; the Vice Mayor of the City of Bologna, Italy; and the Mayor of Trikala, Greece, among others. In addition to these formal sessions, a civil society round-table was held on the morning of the first day, enabling Romani civil society representatives to present shared concerns to the OSCE participating States during the opening session. Three additional side events were held on: the effective use of the European Court of Human Rights judgments; building partnerships between Romani communities and local authorities; and fundament rights and freedom of Roma in Italy. The Italian Job As a practical matter, the advanced planning time-line required for these meetings makes it difficult to select topics that are particularly time-sensitive or reflect breaking developments. The timing of this particular SHDM, however, more-or-less coincided with the announcement by the Italian Government that Roma and Sinti – including European Union citizens – would be singled out for fingerprinting by the country’s law enforcement authorities. As a consequence, the meeting was sharply punctuated by discussions of developments in Italy. The fingerprinting plan, reportedly to be administered with the collection of data on ethnicity and religion, is the latest culmination of a growing anti-migrant and anti-Roma sentiment in Italy. Intolerance in Italy escalated with the latest wave of EU expansion, after which an increased number of Romanian nationals went to Italy to work; a weakened Italian economy; and the election earlier this year of political leaders who campaigned on an anti-immigrant platform. Sharp criticism of the situation in Italy was therefore a reoccurring theme, beginning with a protest action at the opening session. At a pre-determined moment, several dozen non-governmental activists rose in unison, many wearing t-shirts bearing the image of an out-sized fingerprint and the words “no ethnic profiling” over it, or holding enlarged photos of Romani camps that had been torched by mobs in Italy. They demanded an end to the selective fingerprinting of Roma. Moreover, one Romani non-governmental representative observed that no perpetrators have been held accountable for torching Romani camps or other acts of violence and warned that, if unchecked, such violence would surely result in deaths. He called on Italy to report to the upcoming Human Dimension Implementation Meeting on actions taken to hold perpetrators accountable. On the second day of the meeting, a similar group gathered in front of the OSCE’s meeting site, and marched through Vienna to the offices of the EU’s Fundamental Rights Agency. Then, at the side event focused on the situation in Italy, a coalition of NGOs (the European Roma Rights Center, the Open Society Institute, the Centre on Housing Rights and Evictions, Romani CRISS and the Roma Civic Alliance of Romania) launched a report on Italy outlining the “extreme degradation of Roma rights in Italy.” NGO representatives who had visited destroyed camps described finding toys and clothes left behind, as victims fled with nothing but the clothes on their backs. Italy was well represented at the meeting by representatives from their permanent delegation to the OSCE as well from the Ministry of Interior. They came to all events, including to the side event on the situation of Roma in Italy, and responded politely to the issues raised. In particular, Italian authorities claimed that manifestations of racism against Roma had been widely condemned in Italy. Notwithstanding their conciliatory demeanor, Italian officials stood by their plans to move ahead with the fingerprinting operation targeting Romani communities. In this context, it was particularly interesting to hear an alternative view from a local government official from Bologna. She clearly sought to distance herself from the national policies under fire, and described the challenges local officials had absorbing or responding to an increased number of Romani migrants, without assistance from or a strategic plan on the part of the national government. The Romanian Government was restrained, but circulated a formal document of protest, “request[ing] the European Union to recommend the Italian Government to give up the fingerprinting measures of Roma persons and to observe and enforce the aquis communitaire regarding the fundamental rights of European Union citizens, including of Romanian citizens of Roma origin.” Although the ECONOMIST recently described Europe’s diverse and dispersed Romani communities as “bound only by music,” one might have added, “and an extensive network of electronic devices.” Even as the OSCE held its human dimension meeting in Vienna, email messages arrived on participants’ cell phones and blackberries reporting that the European Union Parliament had adopted a resolution calling on Italy to stop the fingerprinting.

  • The Challenges To Minority Communities in Kosovo

    This hearing, chaired by the Hon. Alcee Hastings and Hon. Benjamin Cardin, saw Ambassador Knut Vollebaek of Norway, High Commissioner for National Minorities of the Organization for Security and Cooperation in Europe (OSCE) testify before the Commission. The hearing focused on the protection and promotion of the rights of Serb, Romani and other minority communities in Kosovo, in light of the February 17 declared independence which Serbia does not recognize. In particular, the hearing examined Ambassador Vollebaek’s work regarding Kosovo and his recommendations for action by the Kosovar authorities as well as by Serbia, other OSCE States and the OSCE itself.

  • Hate in the Information Age

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

  • The State of (In)visible Black Europe: Race, Rights, and Politics

    This hearing highlighted the racism and discrimination faced by Black Europeans.  Witnesses discussed the contributions Blacks have made to Europe and the root causes of this racism and discrimination, particularly the role of the colonial dynamic.  Witnesses and Commissioners mentioned the parallel between the United States and discussed how Europe could learn from America’s experiences fighting similar problems.

  • The Museum of the History of Polish Jews

    Witnesses in this hearing spoke about their vision for the Museum of the History of Polish Jews, its mission, and what it means for Poland – a country that was once home to one of the largest Jewish communities in the world. The witnesses also highlighted the major significance the museum has for Poland and its post-war identity.

  • Helsinki Commission Delegation Visits Prague and Bratislava

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

  • Commission Staff Participates in Conference on Roma; Greece Slated to Serve as OSCE Chair in 2009

    By Erika B. Schlager Counsel for International Law U.S. Embassy in Athens Organizes Conference on Romani Issues On February 29, Helsinki Commission staff participated in a conference on Romani issues organized by the U.S. Embassy in Athens, Greece, primarily for human rights officers from U.S. Embassies in Europe. The conference was designed to improve understanding of Romani minority concerns, and to allow human rights officers to share information and ideas related to their congressionally mandated human rights reporting obligations. The conference underscored the strong interest of the United States in the situation of Romani minority communities throughout the OSCE region and provided a useful opportunity for human rights officers to improve their knowledge of this minority group’s history and experiences. Roma now constitute the largest ethnic minority in the European Union. The conference was opened by the United States Ambassador to Greece, Daniel Speckhard. Andrzej Mirga, the senior advisor for Romani issues with the OSCE Office for Democratic Institutions and Human Rights (Warsaw) and Helsinki Commission staff served as speakers during the morning session. Panayote Dimitras of the Greek Helsinki Monitor spoke during a working lunch. In the afternoon, Embassy officials from various posts led “best practices” discussion groups – although it proved more difficult to identify such practices than one might have hoped. Commission Staff Visit Romani Shanty Towns On the margins of the conference, Commission staff held meetings on Romani issues with representatives of the Greek Ministry of Foreign Affairs’ Division for International Human Rights, Refugees, and Immigration; the Ombudsman for Human Rights; the Ministry of Interior; and the Ministry of Education. In addition, staff visited several Romani shanty towns in the Athens region, including the infamous Aspropyrgos camp. Greece does not recognize any groups as “minorities” other than those few formally recognized under the 1923 Treaty of Lausanne (primarily the Muslims of Western Thrace). Accordingly, Roma are not considered an ethnic minority but a “socially vulnerable group.” It is estimated that there are roughly 150,000-300,000 Roma in Greece, out of a population of 11-million-plus. This population largely consists of indigenous Greek Roma, but also includes some Roma who have migrated from Albania in recent years. Greece does not count people according to ethnic affiliation or identity on its national census. Roma in Greece face problems similar to those faced by Roma in other countries. In recent years, Romani plaintiffs have successfully brought cases against Greece before the European Court of Human Rights, including for ill-treatment or excessive use of force by the police. Non-governmental organizations have also been particularly concerned by the deplorable conditions in some Romani shanty towns and the lack of equal access to education and the ability of Roma to obtain documents. The Council of Europe’s Commissioner for Human Rights, Thomas Hammarberg, has also expressed concern about forced evictions of Roma. Helsinki Commission Co-Chairman Benjamin L. Cardin and Commissioner Louise McIntosh Slaughter participated in a Helsinki Commission delegation to Greece in early 1998, and met with (among others) Romani representatives. Greece Slated to Serve as OSCE Chair Greece is slated to serve as Chair of the OSCE in 2009; Kazakhstan has been selected to serve in that position in 2010. Finland serves as the current OSCE Chair-in-Office. At his inaugural address to the OSCE Permanent Council in January, Finnish Foreign Minister Ilkka Kanerva stated, “More can be done also to fight discrimination against Roma and Sinti. I count on all participating States to renew their commitment to implementing the recommendations in the OSCE Action Plan of 2003.” Finland plans to schedule one of this year’s three Supplementary Human Dimension Meetings on Romani human rights issues.

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

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

  • Torture

    Madam President, as co-chairman of the Helsinki Commission, I chaired a field hearing this week at the University of Maryland College Park campus. The title of that hearing was “Is It Torture Yet?”, the same question I was left with after Attorney General Michael Mukasey's nomination hearings.  The day of the hearings was also International Human Rights Day, which commemorates the adoption of the Universal Declaration on Human Rights nearly 60 years ago. The historic document declares, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” In the Helsinki process, the United States has joined with 55 other participating States to condemn torture. I want to quote one particular provision, because it speaks with such singular clarity. In 1989, in the Vienna Concluding Document, the United States, along with the Soviet Union and all of the other participating States, agreed to “ensure that all individuals in detention or incarceration will be treated with humanity and with respect for the inherent dignity of the human person.” This is the standard, with no exceptions or loopholes, which the United States is obligated to uphold.  I deeply regret that six decades after the adoption of the Universal Declaration, we find it necessary to hold a hearing on torture and, more to the point, I regret that the United States' own policies and practices must be a focus of our consideration.  As a member of the Helsinki Commission, I have long been concerned about the persistence of torture and other forms of abuse in the OSCE region. For example, I am troubled by the pattern of torture in Uzbekistan, a country to which the United States has extradited terror suspects. Radio Free Europe reported that in November alone two individuals died while in the custody of the state. When their bodies were returned to their families, they bore the markings of torture. And, as our hearing began, we were notified that a third individual had died under the same circumstances.  Torture remains a serious problem in a number of OSCE countries, particularly in the Russian region of Chechnya. If the United States is to address these issues credibly, we must get our own house in order.  Unfortunately, U.S. leadership in opposition to torture and other forms of ill-treatment has been undermined by revelations of abuse at Abu Ghraib prison and elsewhere. When Secretary of State Rice met with leading human rights activists in Moscow in October, she was made aware that the American forces' conduct at Abu Ghraib has damaged the United States' credibility on human rights.  As horrific as the revelations of abuse at Abu Ghraib were, our Government's own legal memos on torture may be even more damaging, because they reflect a policy to condone torture and immunize those who may have committed torture.  In this regard, I was deeply disappointed by the unwillingness of Attorney General Mukasey to state clearly and unequivocally that waterboarding is torture. I chaired part of the Attorney General's Judiciary confirmation hearing and found his responses to torture-related questions woefully inadequate. On November 14, I participated in another Judiciary Committee hearing at which an El Salvadoran torture survivor testified. This medical doctor, who can no longer practice surgery because of the torture inflicted upon him, wanted to make one thing very clear: as someone who had been the victim of what his torturers called “the bucket treatment,” he said, waterboarding is torture.  This week, this issue came up again, this time at the Senate Judiciary Committee's hearing on Guantanamo. One of the witnesses was BG Thomas Hartman, who was specifically asked whether evidence obtained by waterboarding was admissible in Guantanamo legal proceedings. Like Judge Mukasey, he would not directly answer that question. Nor would he respond directly when asked if a circumstance arose, hypothetically, whether waterboarding by Iranians of a U.S. airman shot down over Iran would be legal according to the Geneva Conventions. In fact, the Geneva Conventions prohibit the use of any coercive interrogation methods to obtain information from a Prisoner of War. I am deeply concerned that the administration's efforts to avoid calling waterboarding what it is, torture, is undermining the interpretation of the Geneva Conventions, which we have relied upon for decades to protect our own service men and women.  The destruction of tapes by the CIA showing the interrogation of terror suspects raises a host of additional concerns. First, these tapes may have documented the use of methods that may very well have violated U.S. law. Second, the tapes may have been destroyed in violation of court orders to preserve exactly these sorts of materials. If the administration is willing to destroy evidence in violation of a valid court order, we have a serious rule-of-law problem. Finally, it is profoundly disturbing that materials formally and explicitly sought by the 9/11 Commission, mandated to investigate one of the worst attacks on American soil in the history of our country, were not turned over by the CIA. The destruction of the CIA tapes should be carefully investigated.  Mr. President, the Congress must act to ensure that abuses by U.S. Government personnel are not committed on the false theory that this somehow makes our country safer.

  • Continuing the Fight: Combating Intolerance and Discrimination against Muslims

    By Mischa Thompson, PhD, Staff Advisor The Cordoba conference was the first OSCE event to solely focus on the experiences of intolerance and discrimination against Muslim communities within the OSCE. Despite concerns that the conference took place during Ramadan and was primarily planned by the Spanish Chair-in-Office (CiO), the event offered an important forum for highlighting and addressing a range of concerns from both OSCE Participating States and the Muslim community. While questions of what form OSCE follow-up efforts will take remain, the need for such a conference was underscored by the multitude of concerns raised at the conference as well as current events highlighting existing tensions between Muslim and non-Muslim communities within and between OSCE Participating States. With estimates of 20 million Muslims in Western Europe and 14-23 million Muslims in Russia, Muslims are often cited as the largest religious minority in Europe and Islam as the fastest growing religion. Spain, in particular is experiencing an unprecedented growth in its immigrant population with the majority being Muslims. While Muslim communities’ experiences of prejudice and discrimination within many parts of the OSCE are not new, following the terrorist attacks in Madrid, London, and the United States, many participating States have increased their focus on the Muslim community amidst security and immigration concerns. In this context, the conference was planned by the Spanish CiO to address the historical and contemporary causes and consequences of intolerance against Muslims and the use of media, education, and other strategies to address the problem. In particular, five themes dominated the discussions: “Islamophobia”: Participants were concerned by the use of the term Islamophobia, which currently describes attitudes and behaviours ranging from hate crimes to housing discrimination and has led to unclear and inconsistent use. Several participants noted that the term leads all problems experienced by Muslims to be viewed as religious based, when race, culture, and socio-economic factors have also been cited as reasons for tensions and problems. Notably, the Holy See cautioned against only religious approaches and argued for increased attention on migration and culture. Gender equality: Participants raised concerns that gender equality issues were often confined to discussions about forced marriages, honor killings, and head scarves and other dress, while ignoring everyday experiences of discrimination, for example in employment. It was suggested that Muslim women were often politicized to exacerbate differences between Muslims and others, but often did not actually address the realities of Muslim women or serve to benefit them. Integration: Many Participating States highlighted changes to or the creation of integration policies and programs to address concerns voiced by Muslim communities. Several civil society groups noted that some of these efforts did not address: 1) the issues of xenophobia and racism exhibited by hate crimes and employment and housing discrimination that target even ‘integrated’ immigrants – i.e., those who are citizens, speak the language, hold college degrees, etc. and 2) that some of these policies were inherently discriminatory in that they only applied to Muslims and not other migrant populations. It was stressed that integration and discrimination policies be discussed together and that Muslim populations be able to participate in the decision-making process of the development of these policies in some capacity. Stereotypes: Concerns surrounding monolithic image of Muslims, such as all women wearing head scarves and all men being terrorist were highlighted. Mechanisms for addressing these stereotypes included ensuring that school textbooks accurately reflect the history of migration and Islam and Muslims in the world, especially in cases where religion is taught in schools. ‘Cultural competence’ and other diversity or sensitivity training for teachers and media was suggested. Several speakers suggested that aims to utilize “moderate Muslims” for public platforms had the potential to backfire by not being seen by Muslims as ‘true representatives’ and also serving to reinforce a non-existent, yet stereotypical dichotomy between ‘good’ and ‘bad’ Islam. Hate Speech: The need to strike a balance between protecting freedom of speech and the protection of vulnerable groups and individuals was discussed. Despite calls for defamation of religion laws, it was generally recommended that publicly speaking out and unequivocally condemning intolerant speech, not legislating against it, was the best response. Self-regulation, codes of conduct, internet monitoring and training for the media and other sectors of society, including the positive involvement of political leaders, was discussed as a means to best counter hate speech. The Conference ended with a declaration drafted by the Spanish CiO, which: reaffirmed that racism, xenophobia, anti-Semitism, discrimination against Christians, and discrimination against Muslims, are against the core OSCE commitments, offered support for the three Personal Representatives, and, called upon the Office for Democratic Institutions and Human Rights (ODIHR) to strengthen the work of its Tolerance and Non-Discrimination Program on intolerance and discrimination against Muslims. The conference was preceded by a one-day Civil Society Preparatory Meeting hosted by the Spanish CiO with the goal of providing NGOs with an opportunity to prepare recommendations to be presented to the Cordoba conference. Of great concern were allegations that the Spanish CiO attempted to restrict the participation of NGOs in the preparatory meeting and at the Cordoba conference at a time when human rights defenders have increasingly been under attack within the OSCE. Generally, because there was such interest by participating States to speak during the opening sessions of the conference, there was little time to adequately discuss solutions to many of the issues on the Cordoba Conference agenda. While this suggests the need for a follow-up OSCE conference as proposed by the OSCE Mediterranean Partner, Algeria, few participating States explicitly outlined whether and how the OSCE should implement efforts discussed at the conference. Further consideration should therefore be given for ways to ensure the expeditious implementation of mechanisms that combat intolerance towards Muslims within the OSCE. This assertion was underscored one week later at a University of Michigan conference entitled, “Islamophobia/Islamophilia: Beyond the Politics of Enemy and Friend” where Muslim and non-Muslim scholars from around the world addressed the global security implications and human rights concerns associated with not successfully combating prejudice and discrimination against Muslims and mischaracterizations of Islam.

  • Introducing Legislation to Honor Theodor Criveanu for Saving Romanian Jews During the Holocaust

    Madam Speaker, I am pleased to rise today to introduce legislation with my colleagues and friends Representatives Dan Burton, Chris Smith, andLinda Sanchez that will properly recognize the selfless efforts to save innocent lives during the Holocaust of Theodor Criveanu and all other righteous individuals.  Non-Jews who sacrificed their lives in an effort to save Jews from their fate at the Nazi's hands are known to the world as the ``Righteous Persons.'' The most renowned among these righteous persons is probably Oscar Schindler. Oscar Schindler should rightly be recognized as the altruistic and extraordinarily courageous non-Jew who saved more Jewish lives from the gas chambers than any other.  But many other brave individuals risked their lives by rescuing Jews during the Holocaust that have still yet to be recognized.  Thousands of these hero's stories have remain untold because the Nazis mercilessly ended their lives. For those that survived the Holocaust and for those that did not, I rise today to honor their heroism and their memory.  In 1963, Yad Vashem, the Holocaust Martyrs' and Heroes' Remembrance Authority in Israel, initiated a worldwide project to grant the title of Righteous Among the Nations to individuals who were not Jewish and who risked their lives to rescue and protect Jews and others during the Holocaust. To date, more than 21,000 heroic individuals have been honored as Righteous Among the Nations.  Theodor Criveanu was one of such courageous righteous individuals.  When serving as a reserve officer in the Romanian military, he was assigned the task of presenting military authorities with a list of Jews who would be given work permits to work in the ghetto instead of being deported to Transnistria. Risking his life to defy Nazi orders, Mr. Criveanu secretly issued work permits in numbers that exceeded the work permit quota and to Jews who were not essential to the workforce, saving countless of innocent Jewish lives.  The brave efforts of Mr. Criveanu have not gone unnoticed. On August 8, 2007, Yad Vashem named Theodore Criveanu as Righteous Among the Nations, posthumously honoring him for his courageous work to block the deportation of Romanian Jews to Nazi death camps.  Today I rise to honor these individuals for their bravery and humanity. Mr. Criveanu and other such individuals deserve to be remembered and revered by the United States Congress.

  • Support for the Museum of the History of Polish Jews Act of 2007

    Mr. HASTINGS of Florida. Mr. Speaker, I rise today to support H. Res. 3320, introduced by my friend and colleague, Mr. SMITH of New Jersey. This bill would authorize the United States to provide $5 million to assist in the development of the permanent collection of the Museum of the History of Polish Jews.  This past May, I had the opportunity to travel to Poland and, while there, met with Jerzy Halbersztadt, the director of the museum, and Ewa Wierzynska, the deputy director. The museum they are helping to establish is truly an historical undertaking and one that deserves the support of the United States.  Warsaw was once home to the largest Jewish community in Europe, and if we are to truly understand what was lost in the Holocaust, we must try to wrap our minds not only around the figure of 6 million, but around the 1,000 years of Polish Jewish life that preceded that tragedy. Poland is not only a place where Jews died, but a place where they lived and flourished. Moreover, it is estimated that 80 percent of all Jews and over nine million Americans trace some of their ancestry to the Polish Jewish community. This museum has the potential to touch the lives of our own citizens in deeply personal ways.  As chairman of the Helsinki Commission, I am heartened by the educational role this museum can play in fulfilling the goals that the OSCE participating States have undertaken in the field of combating anti-Semitism. I believe this museum will contribute to tolerance and mutual respect in Poland, will help counter the broader phenomenon of anti-Semitism in Europe, and will serve as an inspiration to the thousands of visitors who will come every year. The historical record of the Polish Jewish community must be preserved and shared with future generations.  Unfortunately, my own schedule did not permit me to return to Poland for the June 26 groundbreaking ceremony for the museum, which will be located in the heart of the pre-World War II Jewish district and next to the monument to the Jews who resisted the Nazis during the 1943 ghetto uprising. However, I did send a member of the Helsinki Commission staff, who witnessed firsthand the extraordinary turnout for this event. Among those present was the Chief Rabbi of Tel Aviv Meir Lau, whose parents were from Poland and who suggested that invited Iranian President Mahmoud Ahmadinejad, who has denied the Holocaust, be among the first to visit the museum.  I don't know if the Iranian President will accept this invitation, but I have no doubt that many Americans will be among the 500,000 people who are expected to visit the museum on an annual basis. I urge my colleagues to join me in supporting this extraordinary museum, with an extraordinary mission.

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