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Hastings and Cardin: Detainee Policies at Guantanamo a Stain on U.S. Record

Thursday, June 21, 2007

WASHINGTON - Today, Congressman Alcee L. Hastings (D-FL), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), and Co-Chairman Senator Benjamin L. Cardin (D-MD), made the following statements at a hearing held by the U.S. Helsinki Commission entitled “Guantanamo: Implications for U.S. Human Rights Leadership.” The hearing focused on the international perspective of Guantanamo, particularly in the 56 participating States of the Organization for Security and Cooperation in Europe (OSCE) and the implications for U.S. leadership on human rights issues.

Testimony was received from Mr. John B. Bellinger III, Legal Adviser, Department of State; Senator Anne-Marie Lizin, President of the Belgian Senate and the OSCE Parliamentary Assembly Special Representative on Guantanamo who has just visited Guantanamo; Mr. Tom Malinowski, Advocacy Director, Human Rights Watch; and Mr. Gabor Rona, International Legal Director, Human Rights First. In addition, testimony was received for the record from the International Helsinki Federation. Majority Leader Steny H. Hoyer also addressed the hearing. Copies of all the statements and an unofficial transcript will be posted on the Commission’s website.

During the hearing, Congressman Hastings and Senator Cardin were critical of the United States detainee policies at Guantanamo and expressed deep concern about the indefinite detention of individuals for the duration of a conflict that has no foreseeable end in sight. They called for the Guantanamo facility to be closed and detainees to be transferred to the United States for trial, or to be released as appropriate. Please find their statements below:

Statement from Congressman Alcee L. Hastings –

“This is the Helsinki Commission's first hearing in some time examining an issue of domestic compliance, an area which will receive warranted attention during my Chairmanship. As many people here know, in executing the Helsinki Commission's mandate, Members of this Commission are engaged in a continual dialogue with representatives of other countries – including parliamentarians – on issues of concern, with a particular focus on human rights. This is, of course, a two-way street. Just as we raise issues of concern with representatives of other countries, our colleagues raise issues with us. And no issue has been raised with us more vigorously and vocally than questions relating to the status and treatment of detainees, particularly those at the Guantánamo Bay detention facility. These concerns have been raised for several years at meetings of the OSCE Parliamentary Assembly, they have been raised at meetings of the OSCE permanent Council in Vienna, and they have been raised at the human dimension meetings of the OSCE.

“I believe very strongly that our colleagues who have raised concerns with us deserve our considered response and engagement. The fact is, for all the 56 OSCE participating States – and not just the United States – the issue of how to safeguard human rights while effectively countering terrorism may be one of the most critical issues our countries will face for the foreseeable future.

“In organizing this hearing, it is painfully difficult to un-package a whole set of issues related to our counterterrorism efforts: the offshore detention center at Guantánamo; the treatment of detainees in custody and the interrogation practices to which they may be subjected; the legal procedures for holding, trying and (potentially) convicting detainees of crimes; and the issue of extraordinary rendition to name a few. Frankly, the United States has not covered itself with glory when it comes to any of these issues.

“I am, of course, mindful of the fact that many other committees of both the House and the Senate are actively engaged in oversight on many aspects of this subject. It is not our intention to duplicate those efforts. Rather, we hope to address the specific implications of Guantánamo for U.S. human rights leadership. In no small understatement, this year’s State Department Country Report on Human Rights notes: ‘We recognize that we are writing this report at a time when our own record, and actions we have taken to respond to the terrorist attacks against us, have been questioned.’

“Most importantly, we’ve got to figure out where we go from here. Pretty much everybody and his brother, including the Secretary of Defense and the Secretary of State, have said that Guantanamo ought to be closed down – either because they believe it never should have been opened to begin with, or because they’ve concluded that the stigma associated with Guantanamo is so great that the entire operation serves to undermine our alliances and strengthen the propaganda machinery of our enemies, rather than make us safer.

“But the question is, where do we go from here? I am hoping our hearing today will help us answer that question.

“In closing, I would like to note that on May 15, we sent a letter to Secretary Gates inviting the Department of Defense to send a witness to this hearing. The Department has declined the opportunity to have its views heard. I am frankly quite disappointed by the message this sends. I know some tough questions may come up today, but it seems to me that there is nothing to be gained by ducking them,” said Congressman Hastings.

Statement from Senator Benjamin L. Cardin –

“The credibility of the United States demands that we answer our critics when they raise human-right issues with us, just as we hope representatives of other countries will respond seriously and substantively when we raise concerns with them.

“The fact is, in all the years that I have served as a member of the Helsinki Commission, there is no other concern that has been raised with the United States by our colleagues in Europe as often – and in earnest – as the situation in Guantánamo. As a member of the U.S. Delegation to meetings of the OSCE Parliamentary Assembly, this has been a subject of constant debate.

“Of course, when Belarus introduces resolutions at the United Nations bashing the United States for Guantanamo and a litany of other alleged human rights violations, we can dismiss this as a classic piece of self-serving, Soviet-style propaganda. But we cannot be so cavalier when Switzerland, a guardian of humanitarian law, expresses concern at the OSCE Permanent Council regarding U.S. practices and policies. And when Vladimir Putin can get crowds cheering by bemoaning the lack of proper trials at GTMO, there is something terribly wrong with this picture.

“The damage done to the United States goes beyond undermining our status as a global leader on human rights. Our policies and practices regarding Guantanamo and other aspects of our detainee policies have undermined our authority to engage in the effective counter-terrorism measures that are necessary for the very security of this country. As Gijs de Vries of the Netherlands, who stepped down in March from his position as the EU’s first counter-terrorism coordinator, recently observed: ‘The United States used to be known as a country of the rule of law and of liberty. Today, it’s associated with Abu Ghraib, with Guantanamo, and with CIA renditions to secret prisons in blatant violation of international law. That is sapping support for the United States, and indirectly also for Europe worldwide.’

“This view was echoed by former National Security Advisor Brent Scrowcroft, who stated ‘that the international community no longer trusts our motives is a new phenomenon, and I see it as one of many warning signs of a possible lasting realignment of global power. [ . . . ] I don't think were there yet, but it's certainly possible that we've created such a menace, and alienated so much of the world that we can never go back to where we were at the end of the Cold War. At that time, the United States was considered the indispensable ingredient in any attempt to make the world better.’ Or, as Phillip Zelikow, a former Bush administration official recently argued, ‘Sliding into habits of growing non-cooperation and alienation is not just a problem of world opinion. It will eventually interfere – and interfere very concretely – with the conduct of worldwide operations.’ This is not just a sad or even tragic commentary on how fast and how far we’ve fallen in the eyes of the world, it is dangerous for our citizens if we cannot build and maintain effective global alliances

“To be clear, I do not mean to suggest that America should hold its finger to the wind of international opinion and make policy accordingly. The fact is, sometimes being a global leader means bearing the burden of persuasion, the burden of bringing other countries around to our position. In fact, there have been many times when the United States has been almost a lone voice on critical human-rights issues. When our policies are just ones, then that is a burden we should be prepared to carry. But I think the question here is: are our underlying policies upholding the rule of law or attempting to circumvent it? Are our positions really defensible at home and abroad?” asked Senator Cardin.

Media contact: 
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
Relevant issues: 
International Law
Torture
Relevant countries: 
United States of America
Leadership: 
Alcee Hastings
Ben Cardin
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    Tuesday, February 07, 2017

    Spencer Oliver saw the foundation of the Helsinki Commission as its first Chief of Staff, from 1976 to 1985. After subsequent service as Chief Counsel at the House Foreign Affairs Committee, he served as the first Secretary General of the OSCE Parliamentary Assembly from October 1992 to December 2015. Spencer Oliver, a personal witness to the diplomacy that brought trans-Atlantic relations from the Cold War era to the present, recently paid a visit to the Helsinki Commission offices he first opened in 1976.  After a nine-year tenure as the Commission’s first Chief of Staff, Mr. Oliver remained involved with the Helsinki Process through his subsequent career in the Congress and at the OSCE Parliamentary Assembly. Mr. Oliver gave a short interview on the Commission’s accomplishments over four decades, and prospects for the future. Before the establishment of the Helsinki Commission in 1976, Oliver observed, “human rights were not really a component of U.S. foreign policy. It was the Commission that made a strong effort for President Carter to make human rights a definite element in his foreign policy portfolio.” He recalled a private foreign policy strategy meeting in the fall of 1976 with then-candidate Jimmy Carter’s foreign policy team. Then-Helsinki Commission Chairman Dante B. Fascell, a U.S. Representative from Florida, made a pitch about why human rights should be on Carter’s agenda.  Senator Hubert Humphrey, a very close friend and advisor to Carter, slammed his hand on the table and said, “By golly, Dante’s right! Human rights ought to be one of the principal pillars of the Carter foreign policy!” After Carter took office, Chairman Fascell and his staff, including Mr. Oliver, met with the new President’s Secretary of State, Cyrus Vance, to discuss a plan to make human rights a U.S. foreign policy priority. They recommended that: 1) the State Department position of “Coordinator of Humanitarian Affairs” be elevated to a full Bureau for Human Rights and Humanitarian Affairs; 2) Patricia M. Derian, a civil rights activist from Mississippi, become the first Assistant Secretary of State to head that Bureau; 3) the Assistant Secretary also become the State Department’s representative on the Helsinki Commission; and 4) the Helsinki Commission be fully integrated into inter-agency CSCE planning and the U.S. Delegation to the upcoming CSCE Review Meeting in Belgrade. The Secretary agreed and implemented these recommendations, despite resistance within the State Department. “Without Dante Fascell and Patt Derian, human rights probably would not have had the place it eventually did in American foreign policy,” Oliver observed. Oliver mentioned with sadness the passing of Derian in May 2016. Mr. Oliver explained that the Helsinki Commission was also partly responsible for creating the practice of human rights implementation, review, and accountability. At the 1977 Belgrade Review Meeting, the Helsinki Commission participants in the U.S. Delegation articulated specific cases of human rights abuses and violations of the Helsinki Accords committed by the Soviet Union. In response, the Soviet delegation shot back with criticisms of U.S. human rights issues, such as racism and poverty, to which the United States responded by investigating and reporting factually on these concerns. By publishing a human rights compliance report, the United States set a precedent for accountability on the part of all Helsinki Final Act signatory states. “The Helsinki Accords,” Oliver explained, “were not just about how the countries treat one another, but also about how countries treat their own citizens.” Noting that, today, Russia’s human rights conditions are worse than they have been since the collapse of the USSR, Mr. Oliver recalled moments that looked more promising. Accompanying Fascell to Moscow in April 1986, he was among the first American officials to meet with Mikhail Gorbachev after his consolidation of power as leader of the Soviet Union. In a four-hour meeting at the Kremlin on a Saturday morning, Mr. Oliver expected Gorbachev to find recourse to concerns raised by displaying the same defensiveness and counter-criticism as previous Soviet leaders. Instead, Gorbachev was honest about the issues his country was facing, and expressed his intention to enact economic and political reforms to open the Soviet Union up to the rest of the world. Mr. Oliver left that meeting feeling encouraged about the direction of the USSR. This progressive streak in Russian leadership was short-lived, as illustrated by Vladimir Putin’s increasingly authoritarian rule and denial of basic freedoms. Mr. Oliver believes that Putin’s rise to power and current popularity result from the turmoil and economic devastation of the 1990s, compounded with his tight grip on the media. “There’s no country in the world where the dictator controls the media and he isn’t running at 80 percent in the polls,” he said. In terms of U.S. policy towards Russia, Mr. Oliver believes that strengthening and widening those economic sanctions already in place would put the most pressure on the Russian government to change its ways. “When the Russians invaded Crimea, they broke every one of the ten principles of the Helsinki Final Act,” he said.  “We should let the Russians know that we don’t intend to back off until they change their ways.” In the meantime, the Commission can continue to play an important role maintaining the gains made in promoting human rights through bilateral as well as multilateral diplomacy.

  • briefing

    Nuclear Pollution in the Arctic: the Next Chernobyl?

    Tuesday, November 15, 2016

    For decades, certain nations have been dumping nuclear waste and radioactive material in the Arctic. The extent of this contaminated waste has only come to light in recent years, and some experts fear there could be severe consequences if the waste is not swiftly handled and removed. This briefing sought to explore the magnitude of the problem and present recommendations for what the U.S. and the international community can do moving forward. The briefing participants offered diverse subject-area expertise, coming from backgrounds of Arctic environment, U.S. policy, and broader geopolitics. Nils Bøhmer, a Norwegian nuclear physicist, started the briefing off with an educated overview of past and current Russian nuclear activity in the Arctic. Next, Julia Gourley brought attention to some Arctic Council programs addressing environmental and health issues in the Arctic. Finally, Jon Rahbek-Clemmensen discussed nuclear-waste management, the current state of Arctic geopolitics, and offered models for nuclear-waste governance.  The discussion was productive and all of the participants encouraged further U.S. engagement on this issue.

  • press release

    Helsinki Commission to Examine Threat Posed by Nuclear Pollution in the Arctic

    Monday, November 07, 2016

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “Nuclear Pollution in the Arctic: the Next Chernobyl?” Tuesday, November 15, 2016 3:30 PM Rayburn House Office Building Room 2325 For decades, certain nations have used the Arctic as a dumping ground for unwanted nuclear waste. Experts estimate that nuclear contamination in the Arctic includes tens of thousands of containers of nuclear waste, in addition to dozens of radioactive ships, reactors, pieces of machinery, and submarines. If this waste is not expeditiously removed from the Arctic, what could be the consequences for human health, commercial interests, and wildlife in the region and beyond? This briefing will examine the policy of the United States, the Russian Federation, and other Arctic Council nations toward the Arctic. Experts will present a general overview of U.S. and international policy in the Arctic, the broader geopolitics of the region, and the imminent threat posed by nuclear pollution. The following experts are scheduled to participate: Nils Bøhmer, Managing Director, Bellona Foundation Julia Gourley, U.S. Senior Arctic Official, Department of State Jon Rahbek-Clemmensen, Visiting Fellow, Europe Program, Center for Strategic and International Studies

  • press release

    Human Rights, Military Security in Crimea under the Microscope at Upcoming Helsinki Commission Briefing

    Wednesday, November 02, 2016

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: Ongoing Human Rights and Security Violations in Russian-Occupied Crimea Thursday, November 10, 2016 2:00 PM Rayburn House Office Building Room B-318 In Russia’s ongoing illegal occupation of the Ukrainian region of Crimea, occupying authorities persistently and egregiously violate the human rights of those perceived to oppose Russian annexation of this Ukrainian territory, especially Crimean Tatars.  At the same time, with Russia’s militarization of the peninsula, the security situation in the surrounding Black Sea region is becoming increasingly perilous. The briefing will examine the current state of affairs in the region in the face of Russian aggression, analyze the response of the international community, and discuss how – 40 years after the Ukrainian Helsinki Monitoring Group was formed to  monitor the Soviet Government’s compliance with the Helsinki Final Act – Ukrainians continue to defend Helsinki principles in the face of violations by Moscow. The following panelists are scheduled to participate: Oksana Shulyar, Embassy of Ukraine to the United States John E. Herbst, Director, Dinu Patriciu Eurasia Center at the Atlantic Council; former U.S. Ambassador to Ukraine   Paul A. Goble, Editor, Windows on Eurasia; Professor, The Institute of World Politics Taras Berezovets, Founder, Free-Crimea Project, Kyiv, Ukraine

  • press release

    Bipartisan Legislation to Bring Back Convicted Criminals Abroad Passes Subcommittee

    Thursday, September 22, 2016

    WASHINGTON—A bill that strengthens the ability of the United States to secure extradition of wanted fugitives and bring them home to face justice, sponsored by Rep. Chris Smith (NJ-04), Chairman of the Subcommittee on Global Human Rights and International Organizations, today cleared a first and important hurdle and was adopted by the Subcommittee. The bill has 20 bipartisan co-sponsors—10 Republicans and 10 Democrats—and has now been referred to the full Committee for consideration. The Walter Patterson and Werner Foerster Justice and Extradition Act (H.R. 2189) is named after the innocent victims of two of the most infamous criminals in modern U.S. history—both of whom live openly abroad. It requires the President to provide Congress with an annual study on important aspects of U.S. extradition policy, assisting Congress as it takes action to address outstanding issues in the extradition system. Currently the President’s management of the extradition system is largely opaque to congressional oversight and hence resistant to reform—H.R. 2189 takes a big step toward changing that. “In many cases around the world, efforts to extradite convicted criminals have simply stalled, leaving surviving families without closure and our efforts to seek justice in limbo,” said Smith. “Instead of continuing to allow violent criminals to live openly abroad—apparently outside of our government’s reach—we must strengthen the Executive Branch’s ability to take action to successfully resolve extradition cases. That the murderers of Walter Patterson and Werner Foerster live openly abroad is an ongoing offense against the surviving family members of the men they murdered.” Walter Patterson was brutally killed in the course of a robbery by George Wright, who was convicted of murder, escaped prison, allegedly hijacked a commercial jetliner, and disappeared, only to be found living openly in Portugal, which  has denied extradition. Werner Foerster was a New Jersey state trooper shot during a routine traffic stop by terrorist Joanne Chesimard, who was convicted of murder, escaped prison, and made her way to Cuba, where she lives as a guest of the Cuban government—along with other fugitives the Cuban government refuses to return to the U.S. Smith is one of the foremost voices in the fight to return escaped fugitives to face U.S. justice. Since the discovery of George Wright in Portugal in 2012, he has held several meetings with and written to Portuguese government officials and corresponded with the Department of Justice on their efforts to secure the return of fugitives. In 2012, he chaired a hearing entitled “Justice in the International Extradition System: The Case of George Wright and Beyond.” H.R. 2189 enjoys the support of a diverse coalition of advocacy organizations, including Concerns of Police Survivors, the National Association of Police Organizations, the National Organization for Victim Assistance, the National Sheriffs’ Association, and the American Bail Coalition.

  • press release

    Chairman Smith Supports Genocide Victims in Syria and Iraq

    Thursday, September 08, 2016

    WASHINGTON—Helsinki Commission Chairman Rep. Chris Smith (NJ-04), Rep. Anna Eshoo (CA-18), Rep. Trent Franks (AZ-08), and Rep. Jeff Fortenberry (NE-01) today introduced bipartisan legislation to provide relief for survivors of the ISIS-perpetrated genocide against vulnerable religious and ethnic groups in Syria and Iraq, and to ensure that perpetrators of genocide, crimes against humanity, and war crimes in those countries are punished. The Iraq and Syria Genocide Relief and Accountability Act of 2016, H.R. 5961, directs the U.S. Administration to treat these heinous acts as the crimes that they are, and to prioritize supporting the criminal investigation, prosecution, and conviction of perpetrators. “Mass murder and rape are not only human rights violations – they are also criminal acts that require careful investigation, documentation, and prosecution to bring the perpetrators to justice,” said Chairman Smith. “We need to support entities doing this work in the field, and close gaps in U.S. law so that our justice system can prosecute foreign perpetrators present in the U.S., as well as any Americans who commit such crimes.” The legislation also requires the U.S. State Department to create a “Priority Two” (“P-2”) designation for Iraqi and Syrian survivors of genocide, and other persecuted religious and ethnic groups in Iraq or Syria. Refugees who meet the P-2 criteria are able to apply overseas for resettlement in the United States without requiring a referral from the United Nations, an NGO, or a U.S. Embassy. “Although a P-2 designation does not guarantee admission to the United States – applicants must still clear the same security screening as other refugees – it provides victims of genocide with a much-needed additional path to access the U.S. Refugee Admissions Program,” said Chairman Smith. Finally, the bill directs the U.S. Administration to identify warning signs of deadly violence against genocide survivors and other vulnerable religious and ethnic communities in Iraq or Syria; assess and address the humanitarian vulnerabilities, needs, and triggers that might force them to flee their homes; and ensure that the U.S. supports entities effectively serving genocide survivors, including faith-based entities. Chairman Smith noted that the Chaldean Catholic Archdiocese of Erbil, which provides vital assistance to internally displaced families of Yezidis, Muslims, and Christians, including to all of the approximately 10,500 Christian IDP families in the Erbil region, has received no funding from the U.S. Government or any other government. “So far, the Administration has failed to keep its promise to enable these genocide survivors to remain in Iraq and Syria. It is overlooking groups, like the Chaldean Catholic Archdiocese of Erbil, that are serving tens of thousands of survivors every day. If the needs of these communities are ignored, thousands of victims may have to leave their ancient homelands forever and never return,” Chairman Smith said.

  • press release

    U.S. Delegation to OSCE PA Drives International Action against Human Trafficking, Discrimination, and Anti-Semitism

    Friday, July 08, 2016

    WASHINGTON—Seven members of Congress traveled to the OSCE Parliamentary Assembly (OSCE PA) Annual Session in Tbilisi, Georgia last week to demonstrate the U.S. commitment to the principles of the Helsinki Final Act, including respect for human rights and fundamental freedoms. At the Annual Session, which brought together nearly 300 parliamentarians from 54 of the 57 OSCE participating States, the U.S. lawmakers introduced several successful resolutions and amendments targeting current challenges facing the OSCE region, ranging from human trafficking to discrimination and anti-Semitism to the abuse of Interpol mechanisms to target political opponents and activists. The delegation included Helsinki Commission Chairman Rep. Chris Smith (NJ-04), Co-Chairman Sen. Roger Wicker (MS), Commissioner Rep. Robert Aderholt (AL-04), Commissioner Rep. Randy Hultgren (IL-14), Rep. Mike Fitzpatrick (PA-08), Rep. Richard Hudson (NC-08), and Rep. David Schweikert (AZ-06). Rep. Aderholt currently serves as a vice-president of the OSCE PA, while Sen. Wicker was re-elected to a third term as chair of the OSCE PA Committee on Political Affairs and Security, also known as the First Committee, during the annual meeting. Chairman Smith led international lawmakers in battling international human trafficking and child sex tourism through a successful resolution calling on all OSCE participating States to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists. Chairman Smith, who serves as the OSCE PA Special Representative on Human Trafficking Issues, also hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies. A second U.S. resolution, authored by OSCE PA Special Representative for Anti-Semitism, Racism and Intolerance and Helsinki Commission Ranking Sen. Ben Cardin (MD), called for action against the anti-Semitic and racist violence sweeping across North America and Europe. The resolution, which passed overwhelmingly, urged members of the OSCE to develop a plan of action to implement its long-standing body of tolerance and non-discrimination agreements, called for international efforts to address racial profiling, and offered support for increased efforts by political leaders to stem the tide of hate across the region. The resolution was fielded by Commissioner Hultgren. Chairman Smith also called on participating States to more effectively prevent and combat violence against European Jewish communities through the introduction of two amendments to the resolution of the OSCE PA General Committee on Democracy, Human Rights and Humanitarian Questions (also known as the Third Committee). His first amendment called for the explicit recognition of the increase in anti-Semitic attacks in the region, while the second encouraged participating States to formally recognize and partner with Jewish community groups. Responding the abuse of Interpol systems for politically motivated harassment by Russia and other members of the OSCE, Co-Chairman Wicker authored a successful amendment to the First Committee resolution, which called on participating States to stop the inappropriate placement of Red Notices and encouraged Interpol to implement mechanisms preventing politically motivated abuse of its legitimate services. The amendment was fielded by Rep. Hudson. During the Annual Session, members of the delegation also offered strong support for important resolutions fielded by other countries, including one by Ukraine on human rights in illegally occupied Crimea and another on the 30th anniversary of the Chernobyl nuclear accident. They voted for a highly relevant resolution on combating corruption fielded by Sweden, and helped to defeat a Russian resolution attacking the Baltic States, Poland and Ukraine in the context of combating neo-Nazism.  U.S. delegates indicated their support for the work of attending Azerbaijani human rights activists, and met with attending members of the Israeli Knesset.  While in Tbilisi, the group also met with several high-ranking Georgian officials, including Prime Minister Giorgi Kvirikashvili; Tedo Japaridze, Chairman of the Foreign Relations Committee, Parliament of Georgia; Mikheil Janelidze, Georgian Minister of Foreign Affairs; and David Bakradze, Georgian Minister of European and Euro-Atlantic Integration.

  • press release

    Chairman Smith Introduces Bipartisan, Bicameral Bill to Aid Holocaust Survivors

    Thursday, July 07, 2016

    WASHINGTON—U.S. Senators Tammy Baldwin (D-WI) and Marco Rubio (R-FL) and U.S. Representatives Chris Smith (R-NJ) and Joe Crowley (D-NY) today introduced the Justice for Uncompensated Survivors Today (JUST) Act. This bipartisan and bicameral bill will improve efforts to assist Holocaust survivors and the families of Holocaust victims by requiring the State Department to report on the progress of certain European countries on the return of, or restitution for, wrongfully confiscated or transferred Holocaust-era assets. “Holocaust survivors—witnesses to the brutal murders, torture and heartless thievery of the Nazis and their accomplices—continue to be cheated and defrauded, inexplicably, as they fight for the rightful return of their stolen property,” said Rep. Smith, who chairs the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission. “This bill will help survivors get justice instead of excuses from their governments.” “We urgently need an improved public accounting of other countries’ efforts to address Holocaust-era property restitution issues,” said Senator Baldwin. “Tragically, we are losing survivors every day, and it is my sincere hope that this legislation, by shining a spotlight and solidifying this issue as an American foreign policy priority, will spur action in countries that are falling short of their obligations, ultimately resulting in a measure of justice for these individuals who have waited far too long.” “I am pleased to be the lead Republican sponsor of this important bipartisan legislation which, if passed, will play a critical role in ensuring that Holocaust-era property restitution is finally realized,” said Senator Marco Rubio. “Seventy years after this dark chapter in human history, the restitution of Jewish communal, private and heirless property in Central and Eastern Europe, illegally confiscated by the Nazis and their collaborators during World War II, remains a largely unresolved issue and a source of lasting pain for many Holocaust survivors and their heirs. American leadership in addressing this injustice is vital, which is precisely what this legislation will provide. I join Senator Baldwin in pressing for swift passage of this measure.” “Several decades removed from the horrors of the Holocaust, a substantial amount of Jewish-owned property still hasn’t been returned to their rightful owners, nor have they been compensated. This is unacceptable,” said Rep. Crowley, Vice Chair of the Democratic Caucus. “It’s important that we do what we can to ensure European governments are keeping their word, and I’m proud to join my colleagues in this legislation that will put us one step closer to bringing justice to Holocaust victims, survivors, and their families.” Seventy years after the Holocaust, in which the unprecedented looting of Jewish assets was a central aspect, the restitution of Jewish communal, private, and heirless property in Central and Eastern Europe remains unresolved. Indeed, decades after the Holocaust and the fall of Communism, most formerly Jewish-owned, real properties confiscated by the Nazis and their collaborators have not been returned, nor has compensation been provided to the rightful owners or their heirs. The JUST Act will build on the international Terezin Declaration on Holocaust Era Assets and Related Issues of 2009, which affirms that the protection of property rights is an essential component of a democratic society based on the rule of law and recognizes the importance of restituting or compensating Holocaust-related confiscations made during the Holocaust-era between 1933-45. Unfortunately, many nations that endorsed this declaration, including many of our NATO allies, have not fully addressed the restitution of Jewish communal, private and heirless property. The JUST Act permanently amends current law to require the State Department to report on certain countries’ compliance with and progress toward the goals of the 2009 Terezin Declaration on Holocaust Era Assets, as well as on what actions those countries are taking to resolve the claims of U.S. citizens. This will enhance on-going U.S. efforts to urge Central and Eastern European countries to achieve progress on this issue and will help build on America’s commitment to ensuring justice for Holocaust victims and their families. “Holocaust-era property restitution provides a measure of justice to victims and their families, and to surviving Jewish communities, for the violation of their basic human rights. The JUST Act would encourage countries around the globe to live up to the existing international consensus they endorsed in 2009,” said Abraham Biderman, co-chairman of the World Jewish Restitution Organization's Executive Committee. “We commend Sens. Baldwin and Rubio for helping advance America’s leadership in the fight for justice for Holocaust victims and for the restitution of Holocaust era property.  It is critical to spotlight how countries are fulfilling property restitution commitments and to hold them accountable if they fail to do so.  Enshrining this as a priority of America’s human rights reporting provides another diplomatic tool to enhance the vital efforts of the Office of the Special Envoy for Holocaust Issues,” said Stacy Burdett, Vice President, Government Relations, Advocacy & Community Engagement, Anti-Defamation League. “Seventy years after the end of World War II and twenty-five years since democracy has been restored to the nations of Central and Eastern Europe there can no longer be any excuse for delaying the restitution of Holocaust-era properties to their rightful owners. We hope this legislation will push those governments to finally act,” said Rabbi Andrew Baker, Director, International Jewish Affairs, AJC. The JUST Act has received strong support from organizations across the country including World Jewish Restitution Organization (WJRO), American Jewish Committee (AJC), Anti-Defamation League (ADL), J Street, Jewish Federations of North America (JFNA), B’nai B’rith International, HIAS refugee assistance organization, Milwaukee Jewish Federation and the Jewish Home and Care Center Foundation in Milwaukee.

  • press release

    Chairman Smith Leads International Legislators against Human Trafficking, Child Sex Tourism

    Monday, July 04, 2016

    WASHINGTON—The OSCE Parliamentary Assembly passed a resolution authored by Helsinki Commission Chairman Rep. Chris Smith (NJ-04) against international human trafficking and child sex tourism. The resolution was passed at the 2016 annual session of the OSCE Parliamentary Assembly (OSCE PA), and has an agenda-setting effect for the 57-member intergovernmental organization. Smith, who leads the U.S. Delegation to this year’s OSCE PA Annual Session, introduced a resolution calling on all OSCE participating States to work with the private sector and civil society to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists.  The resolution also urges all OSCE participating States to enact laws allowing them to prosecute their citizens and legal permanent residents for child sexual exploitation committed abroad, and to strengthen international law enforcement cooperation to ensure that nations know about travel by convicted pedophiles prior to their arrival. “More children than ever before are being exploited – child sex tourism is soaring while protection lags,” said Chairman Smith. “We must work together to protect children from convicted pedophiles and opportunistic predators who exploit local children with impunity during their travels abroad. Prevention and prosecution should go hand in hand.” In addition to introducing the SECTT resolution, Chairman Smith hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies. “Child predators thrive on secrecy – a secrecy that allows them to commit heinous crimes against the weakest and most vulnerable,” said Chairman Smith.  “Recent changes in the laws of the United States and partner countries are putting child predators on the radar when they travel internationally, but much remains to be done.” Chairman Smith has served as OSCE PA Special Representative on Human Trafficking Issues since 2004. His efforts to raise the profile of the human trafficking problem in the OSCE region are reflected in the 2013 Addendum to the OSCE Plan of Action to Combat Trafficking in Human Beings, and have prompted other parliamentarians to take the lead in addressing human trafficking in their respective capitals. Chairman Smith first raised the issue of human trafficking at the 1999 St. Petersburg Annual Session, the first time it appeared on the OSCE agenda. Since then, he has introduced or cosponsored a supplementary item and/or amendments on trafficking at each annual session of the OSCE PA, including on issues such as sex tourism prevention, training of the transportation sector in victim identification and reporting, corporate responsibility for trafficking in supply chains, and special protections for vulnerable populations. In addition to authoring the 2016 International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes through Advanced Notification of Traveling Sex Offenders, he authored the landmark U.S. Trafficking Victims Protection Act of 2000 and its 2003 and 2005 reauthorizations. Chairman Smith co-chairs the United States Congressional Human Trafficking Caucus.

  • press release

    Chairman Smith Champions Improved Security for European Jewish Communities at Annual Meeting of OSCE Parliamentarians

    Sunday, July 03, 2016

    WASHINGTON—At the 2016 OSCE Parliamentary Assembly (OSCE PA) Annual Session, meeting in Tbilisi, Georgia this week, Helsinki Commission Chair Rep. Chris Smith (NJ-04) today called on participating States to more effectively prevent and combat violence against European Jewish communities in the face of increasing anti-Semitic violence in the region. “Violent anti-Semitic attacks are on the rise in several European countries – and there is a lot more we can do to stop it,” said Chairman Smith, who led the U.S. delegation to the event. “European police and security forces should be partnering with Jewish community security groups, and the United States government should be working with the European governments to encourage this. The terrorist threat to European Jewish communities is more deadly than ever. We must act to prevent a repeat of the horrific massacres of Paris and Copenhagen.”  Chairman Smith offered two amendments to the draft resolution of the OSCE PA General Committee on Democracy, Human Rights and Humanitarian Questions (also known as the Third Committee). His first amendment called for the explicit recognition of the increase in frequency, scope, and severity of anti-Semitic attacks in the OSCE region, while the second called on participating States to formally recognize and partner with Jewish community groups to strengthen crisis prevention, preparedness, mitigation, and responses related to anti-Semitic attacks. Both amendments reflect consultations with and requests from European Jewish communities. Chairman Smith has a long record as a leader in the fight against anti-Semitism.  He co-chairs the Bipartisan Task Force for Combating Anti-Semitism in the U.S. House of Representatives and authored the provisions of the U.S. Global Anti-Semitism Review Act of 2004 that created the Office to Monitor and Combat Anti-Semitism within the U.S. State Department. In 2015, he authored House Resolution 354, a blueprint for strengthening the safety and security of European Jewish communities. Following his landmark 2002 hearing on combating the escalation of anti-Semitic violence in Europe, “Escalating Anti-Semitic Violence in Europe,” he led a congressional drive to place the issue of combating anti-Semitism at the top of the OSCE agenda. As part of this effort he authored supplemental resolutions on combating anti-Semitism, which were adopted at the 2002, 2003, and 2004 Annual Sessions of the OSCE PA. In 2004 the OSCE adopted new norms for its participating States on fighting anti-Semitism. Chairman Smith is a founding member of the the Inter-Parliamentary Coalition for Combating Anti-Semitism (ICCA), where he also serves on the steering committee. In the 1990s, he chaired Congress’s first hearings on anti-Semitism and in the early 1980s, his first trips abroad as a member of Congress were to the former Soviet Union, where he fought for the release of Jewish “refuseniks.”

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