Title

Helsinki Commission Briefing to Explore Non-Asylum Protections in United States And Europe

Friday, June 07, 2019

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

PARTIALLY PROTECTED?
Non-Asylum Protection in the United States and the European Union

Friday, June 14, 2019
2:00 p.m.
Rayburn House Office Building
Room 2237

Live Webcast: www.facebook.com/HelsinkiCommission

The United States and the European Union give legal protection to some people who flee armed conflict or natural disaster, but do not qualify as refugees.

In the United States, the Secretary of Homeland Security designates countries of origin for “Temporary Protected Status” (TPS), enabling their nationals to legally remain in the United States and work until and unless the Secretary terminates the designation. Approximately 417,000 individuals from 10 countries currently have TPS, living in all 50 states, the District of Columbia, and U.S. commonwealths and territories. In 2018, more than 100,300 people were granted similar non-asylum protection, on an individual basis, across the 28 countries of the European Union.

Since 2017, the United States has extended TPS for Somalia, South Sudan, Syria, and Yemen, and announced terminations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Lawsuits have challenged the terminations. To date, Members of Congress have introduced at least 10 TPS-focused bills in the 116th Congress.

This briefing will explore the background and implementation of non-asylum protection in the United States and Europe—including whether some European Union Member States are according this protection even when asylum claims are credible—legislative and legal responses, and implications for policy, law, and protection.

The following panelists are scheduled to participate:

  • Marleine Bastien, Executive Director, Family Action Network Movement
  • Sui Chung, Attorney at Law, Immigration Law and Litigation Group, and Chair, Immigration and Customs Enforcement Committee, American Immigration Lawyers Association
  • Jill H. Wilson, Analyst in Immigration Policy, Congressional Research Service
  • Catherine Woollard, Secretary General, European Council on Refugees and Exiles

Additional panelists may be added.

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
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  • Relatives Testify to Struggles to Resolve Missing Persons Cases in Former Yugoslavia

    By Bob Hand CSCE Staff Advisor The United States Helsinki Commission held a hearing Friday, August 1, 2003, to address the issue of missing persons in the southeastern region of Europe formerly known as Yugoslavia. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) presided over the hearing which featured testimony from four witnesses who lead non-governmental organizations representing the families of missing persons in Kosovo and Croatia. In his opening statement, Chairman Smith noted the importance of stories from relatives of missing persons to underscore the human tragedy and legacy of the conflicts that erupted in the region. In exploring those experiences, Smith said, those in the United States can begin to empathize with such a heartbreaking issue not often noted as a consequence of conflict. Citing the twenty-eighth anniversary of the Helsinki Final Act, Smith remarked that "nothing is more appropriate for the Helsinki Commission than to have a public hearing not about policies and programs, but about real people who have suffered so much. Like the prosecution of war crimes and crimes against humanity, the resolution of missing persons cases can help bring about at least some closure and help individuals recover from their tragic loss." In prepared remarks for the hearing, Co-Chairman Senator Ben Nighthorse Campbell (R-CO) said, "While we are saddened by the stories our witnesses will tell of missing relatives--some for many, many years--we are also inspired by their courage and leadership as they forge ahead seeking truthful answers." Co-Chairman Campbell emphasized that stringent professional law enforcement procedures are needed throughout the region of Southeast Europe in order to help bring closure to existing cases. Gordana Jaksic is a member of the Board of Directors for the Association of Parents and Families of the Arrested, Captured and Missing in Novi Sad, Serbia. Jaksic testified that her Serbian-based organization is currently investigating cases of 560 missing persons who vanished from 1991 to 1996, immediately following the fall of Yugoslavia. One case is that of her own son, Slobodan, captured by Croatian forces in May 1992 while serving in the Yugoslav People's Army in Bosnia. "Eleven years is a very long time," Jaksic said. "I do not ask for pity. I do not need anyone's pity. I want to [awaken] people's minds and consciousness so that they raise their voices together with mine so that we can reach the truth." In response, Chairman Smith expressed sympathy and added, "The time has come for closure, and the only way that there will be closure is if the political will exists on all sides to get to the bottom of this." Cedomir Maric is President of the Association of Missing Persons from Krajina, a Belgrade-based organization investigating the cases of 2,824 Serbian families from within the territory of Croatia known as Krajina. Maric testified that his dedication to the cause of missing persons began in 1995, when his son, Jalimir, was kidnapped in the town of Knin. "Our struggle has been going on for eight years, but it will continue until we find our loved ones," Maric told the Commission. "As time passes by, we become more conscious of the fact that maybe we will not reach the day, we will not live to the day when we wait for them at home and they come back alive, but we want to continue the struggle to get the remains of our children so that we know where we can bury them and go to light the candle according to our rights." Olgica Bozanic and Verica Tomanovic represent the Belgrade-based Association of Family Members of Missing and Kidnapped Individuals. Bozanic described her five-year search for fourteen of her relatives who disappeared in Kosovo in 1998, during a period of high-intensity conflict involving the Kosovo Liberation Army (KLA). "Serbs were kidnapped everywhere," Bozanic stressed. Bozanic, who actually met with those responsible for her family members' disappearances, expressed frustration with the International Criminal Tribunal for the former Yugoslavia, which is prosecuting Balkan war crimes. Citing repeated contact with Tribunal Chief Prosecutor Carla del Ponte. Bozanic explained that authorities were hesitant to assert jurisdiction in the cases of the families represented by her organization. "I wanted to achieve something while people in my family were still alive, but Carla Del Ponte answered that they cannot arrest anybody or indict anybody because they have no evidence," Bozanic said. "I asked what they considered as evidence. I was told that if there were no bodies, there was no evidence." Tomanovic discussed the work of her organization, formed in 2000 to bring organized power to many individual cases languishing before international and local authorities. Today, 1,303 families of those kidnapped since 1998 in Kosovo are represented. "We are a non-governmental humanitarian organization and our only goal is to find the truth about the fate of our loved ones," Tomanovic said in her testimony. "All of these kidnappings and abductions had the same goal, which was the cleansing of Kosovo and Metohija of the Serbs," Tomanovic said. "It has been thousands of nights for some mothers who have not slept at all since their loved ones disappeared. There are children who [are] waiting for their fathers. There is so much pain and suffering, and this anxiety is more horrible than any truth." Tomanovic's husband, Dr. Andrija Tomanovic, is one of the victims her organization represents. A popular full-time professor and vice president of the Red Cross of Serbia and Kosovo, Dr. Tomanovic was kidnapped in June 1999 at a Pristina Hospital, supposedly guarded by the UN Mission in Kosovo (UNMIK). Tomanovic echoed Bozanic's discontent with the responsiveness of international authorities. After reporting her husband's kidnaping to KFOR and UNMIK officials, Tomanovic said she received a warm welcome, but limited direct action with no result. "I have to emphasize that we have a very active cooperation with the UNMIK office in Belgrade, but we are not satisfied with this cooperation because there is no result," Tomanovic said. "The UNMIK has not helped Serbs, not even once, to resolve at least one case. I believe that we can find the truth very quickly if those people who kidnapped our loved ones are arrested." Maric added that his group has had no direct contact with the Croatia military on their cases. Chairman Smith responded, "If we are to have faith in the military of Croatia, the least they can do is be absolutely aggressive, thorough and transparent in resolving missing persons issues as it relates to their military." Adjourning the hearing, Chairman Smith indicated the Commission would hold additional sessions addressing the missing persons issue elsewhere in the war-torn areas of Southeast Europe. Subsequently the Commission scheduled a hearing, Missing Persons in Southeast Europe (Part 2), for September 18, 2003. The hearing was cancelled due to a hurricane which swept the U.S. Eastern Seaboard. The scheduled witnesses, all ethnic Albanians from Kosovo, have been asked to provide written testimony for the combined record. All Commission hearings and briefings are open to the public. Interested media and other individuals are encouraged to attend. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Property Restitution and Compensation in Post-Communist Europe: A Status Update

    This briefing was the fourth hearing held by the Helsinki Commission held on restitution and compensation for property seized during the Second World War and in Communist-era Central and Eastern Europe.  The goal of the briefing was to discuss developments since the CSCE’s July 2002 hearing relating to the return of wrongfully confiscated properties in the region.

  • Briefing: Property Restitution and Compensation in Post-Communist Europe: a Status Update

    A central element of Nazi and communist persecution in Central and Eastern Europe was the uncompensated confiscation of real and personal property from individuals and religious communities. The end of communist tyranny after 1990 sparked hope that governments in the region would redress the wrongful seizures of private and communal property, such as churches, synagogues, schools and hospitals. The Helsinki Commission held three prior hearings on the issue of restitution and compensation for property seized during World War II and the communist-era in Central and Eastern Europe. This briefing surveyed developments since the Commission's July 2002 hearing relating to the return of wrongfully confiscated properties in the region. Particular attention was given to the progress, or lack thereof, in the Czech Republic, Poland, and Romania in removing the bureaucratic and legal obstacles faced by individuals--including U.S. citizen claimants--and religious communities seeking restitution of communal property, family homes, and/or land.

  • Property Restitution and Compensation in Post-Communist Europe: A Status Update

    The importance of this briefing, which then ranking member of the Commission Senator Benjamin L. Cardin presided over, was underscored by the fact that a central element of Nazi and communist persecution in Central and Eastern Europe was the uncompensated confiscation of real and personal property from individual and religious communities. Communism’s demise in 1990 sparked hope that regional governments would redress wrongful seizures of private and communal property. This briefing was the fourth hearing that the Helsinki Commission held whose focus was on the issue of restitution and compensation for property seized during the Second World War and in Communist era Central and Eastern Europe. A goal of the briefing, then, was to survey developments since the CSCE’s July 2002 hearing relating to the return of wrongfully confiscated properties in the region.

  • The Dutch Leadership of the OSCE

    The United States Helsinki Commission held a hearing on the Dutch leadership of the Organization for Security and Cooperation in Europe (OSCE) featuring the testimony of His Excellency Jaap de Hoop Scheffer, Foreign Minister of The Netherlands and Chair-in-Office of the OSCE. The hearing reviewed the work of the OSCE under the Dutch Chairmanship. Specific issues discussed were the ongoing conflict in Chechnya, the deteriorating situation in Belarus, OSCE efforts to combat anti-Semitism and human trafficking, as well as promoting respect for human rights and democratic values in the participating States.

  • Mayor Giuliani, Chairman Smith Lead U.S. Delegation to OSCE Conference on Anti-Semitism

    By H. Knox Thames CSCE Counsel The Organization for Security and Cooperation in Europe (OSCE) held an historic international conference in Vienna, Austria on June 19-20 to discuss anti-Semitism within the 55 participating States. While the OSCE states have addressed anti-Semitism in the past, the Vienna Conference represented the first OSCE event specifically devoted to anti-Semitism. Former New York City Mayor Rudolph W. Giuliani and United States Helsinki Commission Chairman Rep. Christopher H. Smith (N-04J) led the United States delegation. Commissioner Rep. Alcee L. Hastings (D-FL), who currently serves as a Vice President of the OSCE Parliamentary Assembly, was also part of the U.S. delegation. Public members of the delegation were: Rabbi Andrew Baker, American Jewish Committee; Abraham Foxman, Anti-Defamation League; Cheryl Halpern, National Republican Jewish Coalition; Malcolm Hoenlein, Conference of Presidents of Major American Jewish Organizations; Mark Levin, NCSJ; and, Daniel Mariaschin, B’nai B’rith. U.S. Ambassador to the OSCE, Stephan M. Minikes, and the U.S. Special Envoy for Holocaust Issues, Ambassador Randolph Bell, also participated. The personal representative of the Dutch OSCE Chair-in-Office, Ambassador Daan Everts, opened the meeting expressing dismay that in the year 2003 it was necessary to hold such a conference, but "we would be amiss not to recognize that indeed the necessity still exists." Bulgarian Foreign Minister Solomon Passy declared "anti-Semitism is not a part of [Europe’s] future. This is why this Conference is so important, and I believe it will have a strong follow-up." Former Polish Foreign Minister Wladyslaw Bartoszewski, a Holocaust survivor, cited free societies as an essential element in combating anti-Semitism. The European Union statement, given by Greece, noted that anti-Semitism and racism are "interrelated phenomena," but also stated "anti-Semitism is a painful part of our history and for that requires certain specific approaches." Mayor Giuliani began his remarks to the opening plenary with a letter from President Bush to conference participants. Citing his visit to the Nazi death camp at Auschwitz, the President recalled the "inhumanity and brutality that befell Europe only six decades ago" and stressed that "every nation has a responsibility to confront and denounce anti-Semitism and the violence it causes. Governments have an obligation to ensure that anti-Semitism is excluded from school textbooks, official statements, official television programming, and official publications." Many OSCE participating States assembled special delegations for the conference. The German delegation included Gert Weisskirchen, member of the German parliament and a Vice President of the OSCE Parliamentary Assembly, and Claudia Roth, Federal Government Commissioner for Human Rights, Policy and Humanitarian Aid. The Germans called for energetic actions by all the participating States to deal with anti-Semitism and stressed the need for appropriate laws, vigorous law enforcement and enhanced educational efforts to promote tolerance. Mr. Weisskirchen stressed that anti-Semitism was a very special form of bigotry that had haunted European history for generations and therefore demanded specific responses. In this spirit, Germany offered to host a follow-up OSCE conference in June 2004 focusing exclusively on combating anti-Semitism that would assess the progress of initiatives emerging from the Vienna Conference. The French delegation was led by Michel Voisin of the National Assembly, and included the President of the Consistoire Central Israelite de France, Jean Kahn, and representatives from the Ministry of Justice and the Office of Youth Affairs, National Education and Research. The French acknowledged with great regret the marked increase in anti-Semitic incidents that have occurred in France during the past two years. In response, France had passed new laws substantially increasing penalties for violent "hate crimes," stepped up law enforcement and was in the process of revising school curricula. The work of the conference was organized under several focused sessions: "Legislative, Institutional Mechanisms and Governmental Action, including Law Enforcement"; "Role of Governments in Civil Society in Promoting Tolerance"; "Education"; and, "Information and Awareness-Raising: the Role of the Media in Conveying and Countering Prejudice." Mayor Giuliani noted the fact that the conference was being held in the same building where Hitler announced the annexation of Austria in 1938. "It’s hard to believe that we’re discussing this topic so many years later and after so many lessons of history have not been learned; and I am very hopeful that rather than just discussing anti-Semitism, we are actually going to do something about it, and take action." Giuliani, drawing on his law enforcement background and municipal leadership, enumerated eight steps to fight anti-Semitism: 1) compile hate crime statistics in a uniform fashion; 2) encourage all participating States to pass hate crime legislation; 3) establish regular meetings to analyze the data and an annual meeting to examine the implementation of measures to combat anti-Semitism; 4) set up educational programs in all the participating States about anti-Semitism; 5) discipline political debate so that disagreements over Israel and Palestine do not slip into a demonizing attack on the Jewish people; 6) refute hate-filled lies at an early stage; 7) remember the Holocaust accurately and resist any revisionist attempt to downplay its significance; and 8) set up groups to respond to anti-Semitic acts that include members of Islamic communities and other communities. Commissioner Hastings identified a "three-fold role" governments can play in "combating anti-Semitic bigotry, as well as in nurturing tolerance." First, elected leaders must "forthrightly denounce acts of anti-Semitism, so as to avoid the perception of silent support." He identified law enforcement as the second crucial factor in fighting intolerance. Finally, Hastings noted that while "public denunciations and spirited law enforcement" are essential components to any strategy to combat anti-Semitism, they "must work in tandem with education." He concluded, "if we are to see the growth of tolerance in our societies, all governments should promote the creation of educational efforts to counter anti-Semitic stereotypes and attitudes among younger people and to increase Holocaust awareness programs." Commission Chairman Christopher H. Smith, who served as Vice Chair of the U.S. delegation to the Vienna Conference, highlighted how a "comprehensive statistical database for tracking and comparing the frequency of incidents in the OSCE region does not exist, [and] the fragmentary information we do have is indicative of the serious challenge we have." In addition to denouncing anti-Semitic acts, "we must educate a new generation about the perils of anti-Semitism and racism so that the terrible experiences of the 20th century are not repeated," said Smith. "This is clearly a major task that requires a substantial and sustained commitment. The resources of institutions with special expertise such as the U.S. Holocaust Memorial Museum must be fully utilized." In his closing statement Giuliani stressed that anti-Semitism "has its own history, it has a pernicious and distinct history from many prejudicial forms of bias that we deal with, and therefore singular focus on that problem and reversing it can be a way in which both Europe and America can really enter the modern world." He enthusiastically welcomed the offer by the German delegation to hold a follow-up conference on anti-Semitism, in Berlin in June 2004. Upon their return to Washington, Giuliani and Smith briefed Secretary Powell on the efforts of the U.S. delegation in Vienna and the importance of building upon the work of the Conference at the parliamentary and governmental levels. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • OSCE Holds First Annual Security Review Conference

    By Bob Hand CSCE Staff Advisor The Organization for Security and Cooperation in Europe organized a two-day Annual Security Review Conference (ASRC) on June 25 and 26, 2003, in Vienna, Austria. The U.S. proposal to hold this conference was approved in December 2002 by the OSCE's Foreign Ministers' meeting in Porto, Portugal. The conference's goal was to provide increased emphasis and profile to hard security questions from agreements in conventional arms control and Confidence- and Security-Building Measures (CSBMs) to police-related activities and combating terrorism. In this sense, the ASRC differs from OSCE's Annual Implementation Assessment Meeting held under the auspices of the OSCE Forum for Security Cooperation, which more narrowly focuses on CSBM implementation. The meeting consisted of opening and closing plenary sessions, and four working groups devoted to a) preventing and combating terrorism; b) comprehensive security; c) security risks and challenges across the OSCE region; and d) conflict prevention and crisis management. U.S. Priorities for the Implementation Review Leading up to the conference, Helsinki Commission Co-Chairs Christopher H. Smith (R-NJ) and Ben Nighthorse Campbell (R-CO) urged the U.S. Department of State to conduct a thorough implementation review which focused on the need for the participating States to comply with their security-related OSCE commitments. Russian military operations in Chechnya and the Caucasus, democratic political control over the military, security forces and intelligence services, so-called "frozen conflicts" like those in Moldova and the Caucasus, combating terrorism, money laundering and non-proliferation were subjects of particular concern noted by the co-chairs. Conference keynote speaker Adam Rotfeld, Polish Deputy Foreign Minister, stressed that the biggest threat to the OSCE was the support by criminal and dictatorial regimes for terrorists. The organization needed to give particular focus on the Caucasus and Central Asian countries in an effort to meet this threat by building institutions and establishing the rule of law. It was also suggested that OSCE look beyond its traditional areas and include the partners countries in its activities, wherever possible. Greece, speaking for the EU, noted the OSCE's value to provide early warning, post-conflict rehabilitation, and conflict management. The EU urged that very high priority be given to human trafficking, termed "the piracy of today." Germany stressed the need to strengthen the police and border management in troubled regions. Ambassador Cofer Black, Secretary of State Colin L. Powell's Senior Advisor for Counter Terrorism, urged the OSCE to focus on concrete and achievable steps to fight the financing of terrorism and press all 55 participating States to become parties to the 12 UN Conventions on Terrorism. Black recommended that the OSCE be used to strengthen travel and document security with a goal of including bio-metric data (based on the physical composure of an individual's hand or retina) in the travel documents of individuals from all participating States and sharing information on lost and stolen passports. Several delegations cited the need to do more to restrict illicit weapons trade and cited the Bishkek and Bucharest documents as blueprints for practical action. The need to limit the availability of man portable air defense systems (MANPADS) was cited by several delegations. The United States noted that, in preparing for the December OSCE Maastricht Ministerial, particular focus should be given to the priorities cited in the 2003 G-8 Action Plan which includes steps to control proliferation of MANPADS, increased security of sea transport and more effective travel documentation. These priorities were stressed by the new OSCE Special Representative for Counter Terrorism, Brian Wu, who suggested that the area of biological weaponry might need particular attention and asked if more emphasis might be placed on non-banking sources when looking into the financing of terrorism. In the working session on conflict prevention and crisis management, delegations acknowledged OSCE's lack of a "big stick" and the need to work closely with organizations and governments who had such instruments. Nevertheless, the OSCE has a good "tool box" for a variety of actions and is using it for actions such as the destruction of arms stockpiles in Georgia, police training in Kosovo, and facilitating the withdrawal of Russian troops and arms from Moldova. The Representative on Freedom of the Media noted the importance of monitoring hate speech, creating public awareness of arms trafficking and protecting journalists in conflict areas. Most delegations agreed that the OSCE had neither the mandate nor the resources to be a peacekeeping organization, but Russia emphasized it did not share this view and recommended that possibilities for joint action be discussed by OSCE with NATO and the EU. Macedonia hailed the success of the OSCE Mission in helping to manage its internal conflict. The Code of Conduct on Politico-Military Aspects of Security and the work of the Forum on Security Cooperation on small arms and light weapons are positively assessed as a contribution to the larger effort of arms control and conflict risk reduction in Europe. Limits on how much further some of these efforts could be developed, however, were questioned, and there was resistance to actual revision of some of the agreements already reached. In the past year, the OSCE has begun to look at new security risks and challenges across the region. Organized crime, including arms trafficking, was frequently highlighted as something which needed additional cooperative efforts to combat. Among the most important developments are OSCE efforts to assist countries in Central Asia and the Caucasus to improve their police services, drawing on experience gained in southeastern Europe. Throughout the meeting there was a pronounced tendency to be long on generalities and short on specifics. For example, it was noted that only 38 percent of the 55 participating States have become parties to all 12 United Nations conventions and protocols on combating terrorism, a clear OSCE commitment, yet the countries which have not were never named nor asked to explain their implementation records. Indeed, one OSCE insider concluded that the discussion on implementation of commitments to combat terrorism was not much advanced from the discussion which surrounded the earlier negotiation of those commitments. An Ambassador went as far as to remark during a plenary session that some previous statements were little more than "preemptive self-justification." Critics of the ASRC, however, should keep in mind this was the first review conference of its kind. Certainly the implementation review meetings for the human and economic dimensions of the OSCE have had to evolve and adapt over the years. For the security dimension though, calling participating States to account for instances of non-compliance has not similarly developed. As U.S. Ambassador to the OSCE Stephan M. Minikes asserted in his closing statement, "This first Annual Security Review Conference has accomplished what we realistically expected it would. We must recognize that this is the first time that this conference has been held. There will be matters to work out over time. But the fact that we have made a start is very significant and together with our partners from other European and Euro-Atlantic security organizations there is much to do to follow up." Looking Ahead There are several ways in which the ASRC could be improved next year. The Annual Security Review Conference could go beyond its sole focus on OSCE tools and issues and devote specific time to actions taken by the participating States themselves. The benefit of such a review would justify the conference being lengthened by at least one day. As Under Secretary of State John R. Bolton testified at a Helsinki Commission hearing in May, "Heretofore, we have not seen the OSCE as being as much a possible vehicle to help get the kind of [non-proliferation] compliance we want. And that's why I think it's worth exploring." Perhaps more critical to the dialogue would be the opening of the ASRC to a wider audience. The OSCE's other review meetings are already open, not just to observation by those outside government but to participation by NGOs as well. In a letter to the State Department, Helsinki Commission Co-Chairmen Rep. Smith and Senator Campbell urged greater openness and transparency. They were told, however, that for the first ASRC non-inclusion of non-governmental organizations was intended to promote greater dialogue and a more critical review. Only national delegations, OSCE institutions and other European-based international organizations were invited to participate in the inaugural conference. The modalities for the conference did state that "security-related scientific institutes or 'think tanks' of international standing would be considered to be invited as keynote speakers or otherwise be represented as members of national delegations." However, the effort to do so seemed fairly limited and the "greater dialogue" and "more critical review" was not fully realized. The OSCE could do much more to draw on the wealth of expertise among security-related institutions in the United States and elsewhere. If some view the kind of NGO participation seen at other implementation meetings as not conducive to a productive meeting on security issues, at least greater use of public members on national delegations and greater use of expert analysis and insight could be pursued. Short of participation, allowing public observation would permit others a chance to see more clearly how the OSCE and its participating States address security in Europe, and opportunities to engage one-on-one with government officials in the corridors and side events. The State Department has indicated a willingness to look at possible NGO inclusion for future ASRC meetings. Finally, the development of the ASRC should be considered in the broader context of maintaining the balance among the dimensions of the OSCE which has been one of its traditional strengths. Giving balancing to the OSCE's activities was the primary justification for the ASRC. But the level of activity ultimately needs to be based on the need to promote balanced progress in the actual implementation of OSCE commitments. One very positive aspect of the review conference was the deferral of other OSCE activity in Vienna during the meeting which permitted delegates to focus their attention exclusively toward the ASRC. In the past, this has not been the case for human dimension and economic review meetings, which have had to compete with a plethora of meetings, diminishing the focus and participation of some delegations. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Missing Persons in Southeast Europe

    Rep. Chris Smith (NJ-04) and Sen. Ben Nighthorse Campbell heard from people who had lost relatives in the former Yugoslavia (i.e. Kosovo, Bosnia-Herzegovina, and Croatia) during the years of conflict in that region. This hearing specifically focused on Serbians who lost relatives in Kosovo, Bosnia-Herzegovina, and Croatia. The panelists – Olgica Bozanic, Verica Tomanovic, Cedomir Maric, and Gordana Jaksic – represented not only themselves and their own families, but also organizations consisting of hundreds of families of the missing.

  • Helsinki Commission Examines Plight of Internally Displaced Persons

    By Knox Thames CSCE Counsel The United States Helsinki Commission held a hearing June 10, 2003, focusing on the plight of an estimated three million internally displaced persons (IDPs) in the Caucasus region and southeastern Anatolia. The region has become a temporary dwelling place to the single largest body of displaced persons in the region covered by the Organization for Security and Cooperation in Europe (OSCE). Testifying at the hearing were Dr. Francis Deng, United Nations Secretary General's Representative on Internally Displaced Persons; Ms. Roberta Cohen, Co-Director of the Brookings-SAIS Project on Internal Displacement; Dr. Maureen Lynch, Director of Research for Refugees International; and Mr. Jonathan Sugden, Researcher in the Europe and Central Asia Division at Human Rights Watch. Mr. Gabriel Trujillo, Mission Head for Doctors Without Borders of the Russian Federation was scheduled to testify, but encountered unexpected delays in Moscow. Mr. Nicolas de Torrente, Executive Director of Doctors Without Borders, U.S.A. graciously delivered Mr. Trujillo's opening statement. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) opened the hearing, describing how protracted conflicts in Georgia, Azerbaijan, Armenia and the North Caucasus of the Russian Federation have diminished the prospects of displaced persons safely returning home. He noted that few individuals have been allowed to return to southeastern Turkey, despite the lifting of the last state of emergency in late 2002. "We must address this problem now as thousands and thousands of individuals are suffering," said Smith. "More must be done to find just, realistic and durable solutions." Helsinki Commission Co-Chairman Senator Ben Nighthorse Campbell (R-CO) stated in written remarks, "As an American Indian, I am particularly sensitive to the plight of men, women and children who have been uprooted from their homes. Whether due to conflict, natural disaster or other causes, the displaced cling to the hope they will one day be able to return home." Campbell added that with millions waiting to return, "it is the responsibility of individual participating States and the international community to meet the needs of these individuals while working to create the conditions necessary for their return in safety and dignity." Ranking Member Rep. Benjamin L. Cardin (D-MD) emphasized the need for the hearing to both ascertain the precise situation of IDPs in the region and to bring greater attention to their needs. He expressed hope that the hearing would provide information and ideas on how the State Department and the U.S. Congress could play a role in assisting the internally displaced. Commissioner Rep. Joseph R. Pitts (R-PA) called the condition of IDPs in the region "urgent," as they suffer not only from a lack of food, medical aid, and education, but also from the inability to return home. "Some fear government action against them. Others fear rebel action. Others fear both," Pitts noted. Dr. Deng is the author of the UN Guiding Principles on Internal Displacement which recognized international norms for the rights of the displaced and the corresponding duties of states in protecting those rights. He provided an overview of the situation in the region, characterizing IDPs as having the same needs as refugees, "but worse." Since IDPs do not leave their country, they remain more or less within the conflict zone, faced with the same threats that caused their flight. While their home governments bear primary responsibility for their safety and security, Deng noted in many cases IDPs become in effect political hostages. By not resettling the displaced and allowing free integration, the government uses them as bargaining chips in the political conflict. When the government fails to act, the displaced often fall into a "vacuum of responsibility," Deng observed, noting that the world cannot sit and watch and do nothing. Ms. Cohen offered a series of recommendations for the OSCE on issues pertaining to IDPs. "The OSCE, more than most regional organizations, has tremendous potential for dealing with the problem of internal displacement in the European region," stated Cohen. "It also has the responsibility to do so." Although recognizing that in recent years the OSCE has expanded its involvement with problems of internal displacement, Cohen noted that these steps have been largely ad hoc and too small. She recommended that the OSCE systematically integrate internal displacement into its activities, particularly within the Caucasus region and southeastern Anatolia, using the UN Guiding Principles on Internal Displacement as a framework. Cohen specifically urged OSCE bodies to ensure the right of IDPs to vote. In addition, Cohen identified the OSCE/ODIHR migration unit as the potential focal point for activities within the organization and contended that, if these recommendations are carried out, it would positively impact the situation in the Caucasus and Turkey. Russian Federation Gabriel Trujillo's prepared statement outlined the results of a Doctors Without Borders' survey conducted in February 2003 that polled over 16,000 displaced Chechens housed in camps in neighboring Ingushetia. When questioned about returning to Chechnya, an overwhelming majority of respondents said they were too afraid for their safety to return. Notably, individuals interviewed did not consider the availability of humanitarian aid available in Ingushetia as a reason to stay. The ongoing violence has kept UNHCR from certifying Chechnya as a safe return destination. International aid agencies, including Doctors Without Borders, are choosing to limit or suspend their operations out of concern for the safety of aid workers. Mr. de Torrente pointed to recent abductions, including Doctors Without Borders volunteer Arjan Erkel still missing from nearby Daghestan after ten months, as exemplifying the security situation in the region. "If present security conditions in Chechnya and the neighboring republics are not adequate for humanitarian workers to carry out assistance activities," asked de Torrente, "why would they be considered adequate for civilian Chechens to return and resume their normal lives?" Despite this lack of security, the UN estimates that more than 38,000 IDPs from Ingushetia returned to Chechnya last year. Respondents to the survey said people are left with little choice. They report that officials have threatened to cut off assistance in Ingushetia and block future aid in Chechnya for those refusing to leave immediately. Also, Russian troops reportedly are stationed near IDP camps and authorities limit assistance from international agencies, all to pressure IDPs to return to Chechnya. De Torrente concluded, "The results of the survey are a clear indication that the basic rights of displaced people to seek safe refuge, to be protected and assisted properly in a time of conflict, and only to return home voluntarily as guaranteed by international humanitarian law are not being respected." Turkey Mr. Sugden described the situation in southeastern Turkey, where approximately 400,000 to one million people, mostly of Kurdish heritage, fled their villages during the conflict with the PKK. Relative peace returned to the region by 2001, yet the majority of Turkey's displaced have been unable to return home. Sugden noted that often local authorities will not permit villages to be re-inhabited, while in other cases the gendarmes or village guards block resettlement, often by threat or use of violence. While the Government of Turkey has policies and programs aimed at returning the displaced to their homes, Sugden asserted, they have "consistently been underfunded and ill-conceived, falling far short of established international standards." Because of this, the international community has been reluctant to get involved. "Instead of helping villagers to get international assistance, the government, with its flawed plans, is actually standing in their path," he remarked. Sugden noted that the implementation of a fair and effective return program for the displaced populations in Turkey would also serve the country's goal of EU membership. He urged the Helsinki Commission to use its leverage in encouraging Turkey "as a matter of urgent priority" to convene a planning forum with the goal of creating a return program meeting international standards. Azerbaijan and Georgia Dr. Lynch estimated that in the South Caucasus there are currently some 250,000 displaced individuals from the Abkhazia and South Ossetia conflicts in Georgia and over 572,000 displaced from the Nagorno-Karabakh conflict in Azerbaijan. Although political solutions would provide the best opportunity for these groups to return home, the frozen nature of the conflicts makes that a remote possibility. In addition, Lynch asserted that the Georgian and Azeri Governments have failed to provide alternative integration opportunities, thereby maintaining the displaced as "political pawns." In Azerbaijan, only about ten percent of IDPs live in camps. The rest have settled in abandoned hotels, railway cars, or underground dugouts, all of which represent serious health hazards from air and water quality to the risk of structural collapse. The lucky few provided with government-funded housing find themselves located far from jobs and on unirrigated land unsuitable for farming. Nevertheless, Dr. Lynch maintains that Azerbaijan is full of potential; it is an oil-rich country with a highly literate population. "The answer to Azerbaijan's trouble is not found only in resolution of the Nagorno-Karabakh conflict," he asserted, "Azerbaijan must protect itself from corruption and use all of its resources to look to the future." In Georgia, the living conditions for IDPs are just as harsh, but with the added difficulty of only sporadic food aid. There is also a severe lack of even basic healthcare accessible to IDPs and virtually no psychosocial assistance. What healthcare is available is often too expensive for the displaced, resulting in many IDPs dying from curable ailments. Dr. Lynch declared that both Azerbaijan and Georgia must develop long-term solutions for their displaced populations, but they must also allow relief aid to arrive unhindered. In particular, Georgia must lift the import tax it imposed on humanitarian goods, which is currently blocking effective aid distribution, and both countries must work to create economic opportunities for IDPs. She further urged governments to be transparent in their plans, thereby encouraging continued participation of the international community. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Displaced Persons Facing Serious Obstacles in Russia

    Mr. Speaker, today I want to bring to the attention of colleagues two situations concerning internally displaced persons (IDPs) in the Russian Federation. I recently chaired a Helsinki Commission hearing to assess the plight of IDPs, including those in the Caucasus region.   The first involves IDPs from Chechnya who, according to reliable sources, continue to be pressured by Russian authorities to return to the war-torn capital city of Grozny, despite continuing violence there and a lack of many basic services. According to the State Department's Country Reports on Human Rights Practices for 2002, approximately 140,000 persons remained internally displaced within Chechnya, with 110,000 more displaced in the neighboring republic of Ingushetia. Despite international attention, including a letter initiated last fall by the Helsinki Commission, which I chair, the Russian Government continues to pressure IDPs to return, and in some cases limits the ability of NGOs to provide assistance.   My concern for the safety of Chechen IDPs is well founded, as authorities in the past year closed three IDP camps, two near the village of Znamenskoye in northern Chechnya and the Aki-Yurt camp in Ingushetia, effectively forcing the residents back to Grozny. Reports of violence and human rights violations by both Russian military units and Chechen rebels in Chechnya are disturbing. The ongoing chaos in that war-torn region has kept UNHCR from certifying Chechnya as a safe return destination, which is supported by the fact that many international aid agencies have limited or suspended their operations out of concern for the safety of aid workers.   Despite this lack of security, the United Nations estimates that more than 38,000 IDPs from Ingushetia returned to Chechnya last year, with many complaining of government coercion. While no camp has been closed since December 2002, Doctors Without Borders reports that government officials threaten to cut off assistance in Ingushetia and block future aid in Chechnya for those refusing to leave immediately. The stationing of Russian troops near IDP camps and the limiting of assistance from international agencies to camp residents represent pressure tactics to “encourage” the return of IDPs to Chechnya.   Clearly, the Russian Government is not respecting the fundamental right of individuals to seek safe refuge. As a participating State of the Organization for Security and Cooperation in Europe (OSCE), the Russian Federation has committed to facilitate sustainable solutions to the plight of IDPs and the voluntary return of such individuals in dignity and safety. I urge President Putin to intervene to ensure that Russian policy and practice are consistent with these OSCE commitments and that no IDPs be effectively forced to return to their homes in Chechnya until the conditions have been created for their return. To do otherwise would place the lives of tens of thousands of innocent Russian citizens at risk.   The second situation I want to briefly highlight concerns the plight of Meskhetian Turks in the Krasnodar Krai region of the Russian Federation. Also known as Ahiska Turks or Meskhetians, Meskhetian Turks were forced to relocate twice within the past 50 years, first from Soviet Georgia in November 1944 to the Soviet Socialist Republic of Uzbekistan. In 1989, approximately 90,000 Meskhetian Turks fled ethnic conflicts in Uzbekistan to all parts of the Soviet Union, with the largest concentration today found in Krasnodar Krai. Numbering approximately 13,000, these displaced individuals find themselves in a virtual no man's land, denied citizenship and permanent residency permits, as well as many other fundamental rights.   Due to loopholes in the Russian citizenship law and the improper application of this law by Krasnodar Krai authorities, Meskhetian Turks must register as “guests” every 45 days, may not legally register the purchase of a house or car, and their marriages and deaths are not officially recorded. Most are denied education above high school, as well. The Krasnodar regional legislature enacted a series of laws in 2002 in an attempt to pressure the Meskhetian Turks to leave. Corresponding with the expiration of the temporary registration held by most Krasnodar Meskhetian Turks, the laws reportedly cancelled leases on land or denied lease renewals for the 2002 crop season. Furthermore, chauvinistic local authorities have not intervened to prevent local Cossack paramilitary units from repeatedly victimizing Krasnodar Meskhetian Turks through public harassment, robbery, and vandalism. In late May, a mob of around 50 people attacked Meskhetian Turks and other non-Russian-looking individuals in two villages, injuring 30 people and hospitalizing six.   By not granting citizenship or providing permanent residency status, current Russian policy enables the discriminatory practices subjugating the rights of Meskhetian Turks in Krasnodar Krai to continue. Mr. Speaker, President Putin cited the problems of citizenship and stateless persons in his annual State of the Federation address earlier this year. The Russian President pointed out the complexities and uncertainties faced by stateless persons in Russia. I urge him and Members of the State Duma to rectify the status of Meskhetian Turks and other stateless persons. Meanwhile, the Kremlin should intervene to ensure that Krasnodar Krai officials desist in their discriminatory treatment of the Meskhetian Turks until their status is normalized, as well as guarantee the prosecution of violent criminals.  

  • Floor Statement in Support of H.R. 1950, the Foreign Relations Authorization Act for Fiscal Years 2004 and 2005 - Rep. Smith

    Madam Chairman, I am pleased that Title XV of the State Department authorization bill incorporates key provisions of the Belarus Democracy Act of 2003, which I sponsored earlier this year. The State Department's annual Country Reports on Human Rights Practices report on Belarus states that the Belarusian regime's "human rights record remained very poor and worsened in several areas." Thanks to Alexander Lukashenka--aptly cited by The Washington Post as "Europe's last dictator"--Belarus has the worst human rights record in Europe today. The Helskinki Commission, which I Chair, as well as the Organization for Security and Cooperation in Europe including its Parliamentary Assembly, the United Nations, the Council of Europe, the European Union and other international entities have all chronicled the appalling state of human rights and democracy in a country located in the heart of Europe. Belarus already borders NATO. In just a few years, Belarus will border the European Union.   The Lukashenka regime has blatantly and repeatedly violated basic freedoms of speech, expression, assembly, association and religion. The independent media, non-governmental organizations (NGOs) and democratic opposition have all faced harassment. Indeed, in the last few months, his war against civil society has intensified--resulting in the closure of non-governmental organizations, independent media outlets and Western-funded media support groups, such as Internews Network group, an international organization that helps develop independent media in countries in transition.   Just last week, the Lukashenka regime denied continuation of the accreditation of the International Research and Exchanges Board (IREX), an American organization that has implemented a variety of assistance programs in Belarus for years, including programs that helped the struggling independent media. Last week, they ordered the closure of the Minsk bureau of Russian NTV television. Just a few weeks ago, Lukashenka closed down the National Humanities Lyceum, a highly respected school promoting the study of the Belarusian language and culture. There are growing, legitimate fears that Lukashenka is aiming to remove Belarus from its vestiges of democracy dissent.   In October, Lukashenka signed into law the most restrictive religion law in Europe. Independent journalists have been sentenced to "corrective labor" for their writings. There are credible allegations of the Lukashenka regime's involvement in the disappearances of leading opposition figures and a journalist. Here in Washington and at various OSCE Parliamentary Assembly meetings, I've had occasion to meet with the wives of the disappeared, Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky. These meetings have been heart-wrenching. The cases of their husbands--who disappeared in 1999 and 2000 and are presumed to have been murdered--are a stark illustration of the climate of fear that pervades in Belarus.   On the security front, reports of arms deals between the Belarusian regime and rogue states, including Iraq and North Korea, continue to circulate. Lukashenka and his regime were open in their support of Saddam Hussein.   One of the primary purposes of this initiative is to demonstrate U.S. support for those persevering to promote democracy and respect for human rights in Belarus despite the onerous pressures they face from the anti-democratic regime. Necessary assistance is authorized for democracy-building activities such as support for non-governmental organizations, independent media--including radio and television broadcasting to Belarus--and international exchanges.   The bill also encourages free and fair parliamentary elections, conducted in a manner consistent with international standards--in sharp contrast to the 2000 parliamentary and 2001 presidential elections in Belarus which flagrantly flaunted democratic standards. As a result of these elections, Belarus has the distinction of lacking legitimate presidential and parliamentary leadership, which contributes to that country's self-imposed isolation. Parliamentary elections are scheduled to be held in 2004, and we should encourage those who seek to create the laws and environment conducive to a free and fair election.   In addition, the Executive Branch is encouraged to impose sanctions against the Lukashenka regime and deny high-ranking officials of the regime entry into the United States. U.S. Government financing would be prohibited, except for humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs.   Madam Chairman, we are seeking to help put an end to the pattern of clear and uncorrected human rights violations by the Lukashenka regime and are hoping this will serve as a catalyst to facilitate Belarus' integration into democratic Europe. The Belarusian people deserve to live in a society where democratic principles and human rights are respected and the rule of law is preeminent. The Belarusian people--who have endured so much both under past and current dictatorships--deserve our support as they work to overcome the legacy of the past and develop a genuinely independent, democratic country.   In addition, Madam Chairman, in keeping with this authorization for the Department of State, I want to express my appreciation for the work of the Department in bringing needed attention to the concerns about ongoing anti-Semitism, an age-old plague that still haunts many countries in the OSCE, including our own. I have sought to identify effective responses to this troubling phenomenon, including the introduction of the resolution, H. Con. Res. 49 which passed last month.   Last month, I joined Mayor Rudy Giuliani and Congressman HASTINGS in Vienna for an OSCE conference specifically focused on anti-Semitism. Having the OSCE itself take up this important cause is significant. In fact, the idea was first raised in the May 2002 hearing of the Helsinki Commission and also suggested in the resolution condemning anti-Semitism I presented at the Berlin Parliamentary Assembly meeting last summer. I offered a similar resolution week before last at the Rotterdam OSCE PA meeting. Both resolutions passed the Assembly unanimously. While the OSCE Parliamentary Assembly has actively denounced anti-Semitic acts, I give great credit to the State Department for making the Vienna Conference a reality. Notably, one initiative emerging from the Vienna Conference was a pledge by our German friends to hold a follow-up meeting in Berlin next year to focus on anti-Semitism. I hope this meeting will rally the troops from Europe, the U.S., and Canada to say in one voice "never again."   Finally, Madam Chairman, I was pleased to learn of Senator Voinovich's amendment to the Senate's State Department reauthorization bill requiring the Annual Report on International Religious Freedom to include specific coverage of anti-Semitism. The amendment calls for the report to cover "acts of anti-Semitic violence that occurred in that country" and "the response of the government of that country to such acts of violence." Importantly, the amendment would mandate the report to chronicle "actions by the government of that country to enact and enforce laws relating to the protection of the right to religious freedom with respect to people of the Jewish faith." I think this is a worthwhile idea and hope it will be enacted into law.

  • Helsinki Commission Members Press Belgrade to Apprend Indicted War Criminals, Cooperate with Hague Tribunal

    By Bob Hand CSCE Staff Advisor   On June 16, 2003, Secretary of State Colin Powell certified that Serbia and Montenegro met U.S. criteria set forth in section 578 of the Consolidated Appropriations Resolution. These criteria include Serbia and Montenegro’s level of cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). Without certification, certain bilateral assistance to Serbia would have been withheld. Leading Members of the United States Helsinki Commission have long been concerned with the level of cooperation by the Government of Serbia and Montenegro with ICTY and have consistently urged the authorities in Belgrade to do more. Concerned Commissioners have sought to increase attention paid to developments in Serbia in the aftermath of the March assassination of reformist Prime Minister Zoran Djindjic. There is a general sense among Commission leaders that while Belgrade’s cooperation with the Tribunal has been improving, it still remains insufficient. In the lead up to the June 15th certification deadline, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) participated in a Commission public briefing featuring Carla Del Ponte, Chief Prosecutor of the Tribunal. As of the May 15th briefing, Del Ponte characterized cooperation from Belgrade as uncertain, underscoring that movement comes only when it is seen as politically beneficial for the Serbian Government. She noted some cooperation in accessing documents; however, for more than a year, the prosecution has pushed for the transfer of 155 Serbian documents in connection with the Milosevic trial without success. Del Ponte expressed concern over the failure to detain wanted fugitives – particularly Veselin Sljivancanin, indicted for the 1991 Vukovar massacre in Croatia, and Ratko Mladic and five others wanted in connection with the 1995 Srebrenica massacre in Bosnia-Herzegovina. “Mladic is a great mystery because we know where Mladic is,” she asserted. “We passed this information to the Serbian Government in Belgrade, and nothing happened.” Del Ponte stressed that if law and order is to prevail criminal justice must be credible. Failure to bring together all those accused to trial frustrates the progress of the Tribunal and forces the witnesses to present repeatedly their own horrific accounts each time a separate case is brought to trial. She also assessed cooperation with Croatia, Bosnia-Herzegovina, and Kosovo during the course of the briefing. In a letter dated May 23, five Members of the Helsinki Commission urged Secretary of State Colin Powell to utilize the time prior to the certification deadline to press authorities in Belgrade to take the steps necessary to meet the certification requirements. The Commissioners recognized the significant strides Serbia has made in cooperation with the Tribunal, but underscored that “a failure to apprehend Mladic and other notorious war criminals soon would be a serious setback to the cause of reform and recovery at home and further delay Serbia’s integration in Europe.” The letter was signed by Co-Chairmen Rep. Christopher H. Smith (R-NJ) and Senator Ben Nighthorse Campbell (R-CO), and Commissioners Rep. Steny H. Hoyer (D-MD), Senator Christopher J. Dodd (D-CT) and Rep. Benjamin L. Cardin (D-MD). The United States Helsinki Commission held a second briefing on June 4, detailing Serbia and Montenegro’s cooperation with the Tribunal, and the prospects for human rights and democratic development in Serbia since the lifting of the state of emergency imposed after Djindjic’s assassination. Helsinki Commission Senior Advisor Donald Kursch opened the briefing, welcoming the tough measures authorities in Belgrade have taken in the wake of Mr. Djindjic’s murder to crack down on criminal elements. Nina Bang-Jensen, Executive Director and General Counsel for the Coalition for International Justice, described Serbia’s actual cooperation with the Court as “very limited, begrudging, and only under pressure.” After last year’s certification, Serbia’s government promised a consistent pattern of cooperation, but only three surrenders and one arrest have followed. Bang-Jensen cited the failure to apprehend nineteen Bosnian Serb and Serbian indicted suspects, either living within Serbia or frequently crossing into Serbia, as an indication that the current government is inclined to protect the old regime. Elizabeth Andersen, Executive Director of the Europe and Central Asia Division of Human Rights Watch, recommended that the United States look not only at Serbia’s cooperation with the ICTY, but to its overall level of commitment to rule of law. Following Djindjic’s assassination in March, the Serbian Government imposed a state of emergency to crack down on organized crime. It is estimated that more than 10,000 people were held incommunicado for up to two months under this guise. International monitors were denied access to detainees until recently, and Andersen noted that released detainees reported widespread abuse. Despite increasing pressure from the international community on Serbia’s domestic courts to shoulder greater responsibility for holding war criminals accountable, only four domestic trials were held this year. There is also no indication of upcoming trials or of a permanent commitment to such a process. Trials that have proceeded suffered from a lack of witness protection, poor case preparation by prosecutors, and problems facilitating witnesses traveling from other areas of the former Yugoslavia. James Fisfis, Resident Program Officer for Serbia at the International Republican Institute, remained optimistic. Fisfis presented the results of an IRI survey suggesting that 56 percent of Serbian citizens believe the country is now on the right track, up from 38 percent before the assassination. Sixty-four percent of Serbian respondents currently support cooperation with The Hague, seeing it as a necessary measure toward gaining international acceptance. The data suggest a window of opportunity exists for pressure to reform to have an impact. Ivan Vujacic, Ambassador of Serbia and Montenegro to the United States, acknowledged that “more can be done and more will be done” in cooperation with the Tribunal, but focused on the progress made over the last two and half years, which he described as “remarkable.” In particular, he pointed to the recent arrests of three “pillars of Milosevic’s rule”: Miroslav Radic, Franko Simatovic, and Jovica Stanisic. Ambassador Vujacic said that the Serbian Government was highly committed to protecting human rights. He stated that during the war “the ultimate human right, the right to life was taken from the victims in atrocities defined as war crimes and crimes against humanity.” Vujacic promised that all indictees in the territory of Serbia and Montenegro will be arrested and transferred to The Hague. A second Helsinki Commission letter to Secretary of State Powell dated June 12th, declared that certification could not be justified at the time. The letter concluded: “To certify would be detrimental to U.S. foreign policy goals supporting international justice and successful and complete democratic change in Serbia.” The letter reiterated that the Serbian authorities had yet to arrest and transfer Mladic and other indictees who are most likely in Serbia, and even this did not define the full cooperation with the Tribunal desired. Commission Members warned that if certification occurred while the required conditions remained unmet, the United States’ ability to affect change in Serbia would be diminished, making it more difficult for Serbia’s political leadership to undertake necessary reforms. Some Commission Members view the June 13 arrest of the indicted war crimes suspect Veselin Sljivancanin by the Belgrade authorities as an important positive step toward increased cooperation with the ICTY. However, continued failure to apprehend Mladic and other leading indictees remains a serious cause of concern that places barriers to Serbia and Montenegro’s full re-integration into the international community. In a press release announcing certification, State Department spokesman Richard Boucher asserted that the Secretary’s decision to certify does not indicate that Serbia has fulfilled its commitment. “We have made clear ... that the United States expects further actions to be taken in order to meet those obligations,” Boucher said, “including by arresting and transferring Radovan Karadzic and Ratko Mladic.” The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Helsinki Commissioners Press Belgrade to Apprehend Indicted War Criminals, Cooperate with Hague Tribunal

    By Bob Hand CSCE Staff Advisor On June 16, 2003, Secretary of State Colin Powell certified that Serbia and Montenegro met U.S. criteria set forth in section 578 of the Consolidated Appropriations Resolution. These criteria include Serbia and Montenegro’s level of cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). Without certification, certain bilateral assistance to Serbia would have been withheld. Leading Members of the United States Helsinki Commission have long been concerned with the level of cooperation by the Government of Serbia and Montenegro with ICTY and have consistently urged the authorities in Belgrade to do more. Concerned Commissioners have sought to increase attention paid to developments in Serbia in the aftermath of the March assassination of reformist Prime Minister Zoran Djindjic. There is a general sense among Commission leaders that while Belgrade’s cooperation with the Tribunal has been improving, it still remains insufficient. In the lead up to the June 15th certification deadline, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) participated in a Commission public briefing featuring Carla Del Ponte, Chief Prosecutor of the Tribunal. As of the May 15th briefing, Del Ponte characterized cooperation from Belgrade as uncertain, underscoring that movement comes only when it is seen as politically beneficial for the Serbian Government. She noted some cooperation in accessing documents; however, for more than a year, the prosecution has pushed for the transfer of 155 Serbian documents in connection with the Milosevic trial without success. Del Ponte expressed concern over the failure to detain wanted fugitives – particularly Veselin Sljivancanin, indicted for the 1991 Vukovar massacre in Croatia, and Ratko Mladic and five others wanted in connection with the 1995 Srebrenica massacre in Bosnia-Herzegovina. “Mladic is a great mystery because we know where Mladic is,” she asserted. “We passed this information to the Serbian Government in Belgrade, and nothing happened.” Del Ponte stressed that if law and order is to prevail criminal justice must be credible. Failure to bring together all those accused to trial frustrates the progress of the Tribunal and forces the witnesses to present repeatedly their own horrific accounts each time a separate case is brought to trial. She also assessed cooperation with Croatia, Bosnia-Herzegovina, and Kosovo during the course of the briefing. In a letter dated May 23, five Members of the Helsinki Commission urged Secretary of State Colin Powell to utilize the time prior to the certification deadline to press authorities in Belgrade to take the steps necessary to meet the certification requirements. The Commissioners recognized the significant strides Serbia has made in cooperation with the Tribunal, but underscored that “a failure to apprehend Mladic and other notorious war criminals soon would be a serious setback to the cause of reform and recovery at home and further delay Serbia’s integration in Europe.” The letter was signed by Co-Chairmen Rep. Christopher H. Smith (R-NJ) and Senator Ben Nighthorse Campbell (R-CO), and Commissioners Rep. Steny H. Hoyer (D-MD), Senator Christopher J. Dodd (D-CT) and Rep. Benjamin L. Cardin (D-MD). The United States Helsinki Commission held a second briefing on June 4, detailing Serbia and Montenegro’s cooperation with the Tribunal, and the prospects for human rights and democratic development in Serbia since the lifting of the state of emergency imposed after Djindjic’s assassination. Helsinki Commission Senior Advisor Donald Kursch opened the briefing, welcoming the tough measures authorities in Belgrade have taken in the wake of Mr. Djindjic’s murder to crack down on criminal elements. Nina Bang-Jensen, Executive Director and General Counsel for the Coalition for International Justice, described Serbia’s actual cooperation with the Court as “very limited, begrudging, and only under pressure.” After last year’s certification, Serbia’s government promised a consistent pattern of cooperation, but only three surrenders and one arrest have followed. Bang-Jensen cited the failure to apprehend nineteen Bosnian Serb and Serbian indicted suspects, either living within Serbia or frequently crossing into Serbia, as an indication that the current government is inclined to protect the old regime. Elizabeth Andersen, Executive Director of the Europe and Central Asia Division of Human Rights Watch, recommended that the United States look not only at Serbia’s cooperation with the ICTY, but to its overall level of commitment to rule of law. Following Djindjic’s assassination in March, the Serbian Government imposed a state of emergency to crack down on organized crime. It is estimated that more than 10,000 people were held incommunicado for up to two months under this guise. International monitors were denied access to detainees until recently, and Andersen noted that released detainees reported widespread abuse. Despite increasing pressure from the international community on Serbia’s domestic courts to shoulder greater responsibility for holding war criminals accountable, only four domestic trials were held this year. There is also no indication of upcoming trials or of a permanent commitment to such a process. Trials that have proceeded suffered from a lack of witness protection, poor case preparation by prosecutors, and problems facilitating witnesses traveling from other areas of the former Yugoslavia. James Fisfis, Resident Program Officer for Serbia at the International Republican Institute, remained optimistic. Fisfis presented the results of an IRI survey suggesting that 56 percent of Serbian citizens believe the country is now on the right track, up from 38 percent before the assassination. Sixty-four percent of Serbian respondents currently support cooperation with The Hague, seeing it as a necessary measure toward gaining international acceptance. The data suggest a window of opportunity exists for pressure to reform to have an impact. Ivan Vujacic, Ambassador of Serbia and Montenegro to the United States, acknowledged that “more can be done and more will be done” in cooperation with the Tribunal, but focused on the progress made over the last two and half years, which he described as “remarkable.” In particular, he pointed to the recent arrests of three “pillars of Milosevic’s rule”: Miroslav Radic, Franko Simatovic, and Jovica Stanisic. Ambassador Vujacic said that the Serbian Government was highly committed to protecting human rights. He stated that during the war “the ultimate human right, the right to life was taken from the victims in atrocities defined as war crimes and crimes against humanity.” Vujacic promised that all indictees in the territory of Serbia and Montenegro will be arrested and transferred to The Hague. A second Helsinki Commission letter to Secretary of State Powell dated June 12th, declared that certification could not be justified at the time. The letter concluded: “To certify would be detrimental to U.S. foreign policy goals supporting international justice and successful and complete democratic change in Serbia.” The letter reiterated that the Serbian authorities had yet to arrest and transfer Mladic and other indictees who are most likely in Serbia, and even this did not define the full cooperation with the Tribunal desired. Commission Members warned that if certification occurred while the required conditions remained unmet, the United States’ ability to affect change in Serbia would be diminished, making it more difficult for Serbia’s political leadership to undertake necessary reforms. Some Commission Members view the June 13 arrest of the indicted war crimes suspect Veselin Sljivancanin by the Belgrade authorities as an important positive step toward increased cooperation with the ICTY. However, continued failure to apprehend Mladic and other leading indictees remains a serious cause of concern that places barriers to Serbia and Montenegro’s full re-integration into the international community. In a press release announcing certification, State Department spokesman Richard Boucher asserted that the Secretary’s decision to certify does not indicate that Serbia has fulfilled its commitment. “We have made clear ... that the United States expects further actions to be taken in order to meet those obligations,” Boucher said, “including by arresting and transferring Radovan Karadzic and Ratko Mladic.” The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission Intern Kristin Poore contributed to this article.

  • From the Bad to the Worst... Helsinki Commission Hearing Sets Sights on Arms Sales to Rogue Regimes

    By Bob Hand CSCE Staff Advisor The United States Helsinki Commission held a hearing June 5, 2003, to examine the transfer of arms to rogue regimes by certain participating States of the Organization for Security and Cooperation in Europe (OSCE), in violation of non-proliferation obligations set forth in OSCE commitments. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing entitled “Arming Rogue Regimes: The Role of OSCE Participating States.” Under Secretary of State for Arms Control and International Security John Bolton testified on behalf of the Administration. Also testifying were Roman Kupchinsky, editor of Crime and Corruption Watch for Radio Free Europe/Radio Liberty and Terence Taylor, President and Executive Director of the International Institute for Strategic Studies in the United States. Co-Chairman Smith, in opening the hearing, stressed the importance of examining the capacity and readiness of certain OSCE participating States to be sources of supply. He emphasized the Commission’s desire to focus on the role of suppliers in the effort to curb the spread of dangerous weaponry and militarily significant equipment and technology to rogue regimes around the world. Mr. Smith noted that, particularly among former Warsaw Pact States, several countries remained vulnerable to the lure of responding to the demand from rogue regimes for weapons of mass destruction (WMD), delivery systems and small arms or light weapons. He cited press articles and official investigations reporting that Belarus, Bosnia-Herzegovina, Bulgaria, Moldova, Russia, Serbia-Montenegro and Ukraine have supplied dangerous regimes and combatants with military equipment or militarily-significant technology and resources. In some cases, these revelations were followed by government efforts to stop the flow and address those responsible. However, in other cases, government officials have attempted to cover-up and deny involvement. Helsinki Commission Co-Chairman Senator Ben Nighthorse Campbell (R-CO) said, “While some may claim a lack of technical know-how impedes their ability to track arms transfers, we must not lose sight of the important element of political will.” He added that the United States “cannot afford to turn to a blind eye with respect to the complicity of senior civilian and military leaders in transfers that violate international commitments or are otherwise detrimental to the security interests of the United States.” Campbell added, “At a time when the OSCE is assessing ‘new threats’ to security, it would be foolhardy to overlook the multidimensional threats posed by corruption and international crime.” Commissioner Rep. Zach Wamp (R-TN) stressed his belief in the importance of such a hearing as a forum to learn the hard facts in order to benefit the world community. Commissioner Rep. Benjamin L. Cardin (D-MD) stated that the OSCE has a particular responsibility to make sure that weapons of mass destruction are not made available to rogue regimes and terrorist organizations. Commissioner Rep. Joseph R. Pitts (R-PA) expressed concern as to whether the governments of France and Russia fully understand the implications of doing business deals with rogue regimes. The three witnesses confirmed that a number of OSCE participating States possess the technology and ability to supply rogue regimes, terrorist groups, and combatants in regional conflicts with militarily significant equipment and know-how. The end of the Cold War left several Warsaw Pact States with huge stockpiles of military hardware, while economic downturns have made their military industries and research institutes desperate for funds. Under Secretary Bolton asserted that the United States has encouraged these countries to maintain tight control over such facilities and has invested in programs to destroy surplus equipment and convert the factories into industrial production. Still, several countries remain vulnerable to the lure of responding to the demand by rogue regimes for sophisticated weapons systems as well as small arms or light weapons. Organized crime and widespread corruption compound the problem, as well as a widespread attitude that what the purchasers do with arms they buy is neither the concern nor the responsibility of the supplier. Among specific OSCE countries cited was Belarus, where the Lukashenka regime threatens the security of others by facilitating the proliferation of arms and militarily significant equipment to rogue regimes and conflict areas around the world. “Belarus is one of the least responsive OSCE members states, and has done little to show it is serious about non-proliferation,” Bolton said, adding that since Iraq kept intricate details of all arms transactions, the United States expected to uncover significant details regarding Belarus’ role as a supplier. Russia’s role was also discussed, especially in light of concerns about Russian technology and expertise and Iran’s nuclear and missile programs. Under Secretary Bolton underscored his ongoing engagement with Moscow on non-proliferation issues and reported some progress in cooperation with the Russian Government to control exports. At the same time, questions were raised about Russia’s willingness to make greater inroads toward non-proliferation and the possibility of an “oligarch” outside the government who may be in control of deals with Iran concerning that country’s Bushehr nuclear reactor. While President Vladimir Putin and the Russian Government may at times be very much aware of what is happening, Russian oligarchs are nevertheless a major problem. One alleged arms dealer, Victor Bout, continues to reside in Moscow despite being wanted in Belgium and the United Kingdom on an Interpol warrant, according to Mr. Kupchinsky. He alleged that the protection that Bout has in Russia is “very high-level” and that Russian Interpol has not acted on warrants that have been given to them. Ukraine remains a major player in arms sales and transfers. Co-Chairman Campbell said President Leonid Kuchma’s personal authorization of the Kolchuga sale “renders him an unreliable partner and casts a shadow over relations with Ukraine as long as he is in power.” Under Secretary Bolton noted that the Kolchuga incident was duly noted by other governments. “Well, I think certainly the Kolchuga incident got their attention in a major way,” he said. “And I think the Government of Ukraine is still trying to deal with that.” Bulgaria, slated to take over the chairmanship of the OSCE in 2004 also featured prominently in the hearing. It was noted that Bulgaria had a well-developed arms industry from its days as a Warsaw Pact member that led to significant arms transfers in the 1990s. Mr. Kupchinsky stated that, from his observations, the Bulgarians have not been concerned with the ultimate destination of their arms shipments and that this was an attitude persisting in most of the former Warsaw Pact countries and Soviet successor states. Mr. Taylor expressed particular concern about individuals in the private sector who are likely to be unaware of the need to protect themselves from those seeking to buy their equipment, resources or technology. Taylor also advocated greater transparency in reporting transfers of militarily-significant items and spoke positively of OSCE efforts in this area, especially with regard to small arms and light weapons. Commissioner Cardin sought recommendations on how to make transparency laws and controls more effective internationally. Mr. Taylor said that a good framework for dealing with proliferation issues already exists on paper; however, the real challenge is ensuring that states follow through on their commitments by insisting on full compliance, thorough reporting, and accountability. Strong export controls provide major contributions toward preventing illicit arms transfers. Mr. Bolton said that U.S. export control assistance is largely responsible for over a dozen European and Eurasian countries adopting comprehensive export control laws that meet international standards. This program was created initially to address the proliferation concerns among former Soviet Union states and others. A number of OSCE countries still need additional assistance to develop appropriate legal frameworks and increase enforcement capabilities to combat the transfers of sensitive goods and technologies. Under Secretary Bolton stressed the top priority given by the Bush Administration to discouraging proliferation of WMD. In this regard the steps that OSCE members take toward their commitments on non-proliferation are especially important. However, as encouraging as OSCE declarations are, they are worthless if the participating States do not take them seriously. It is therefore necessary for the United States to continue its strong leadership role in both bilateral and multilateral fora to stem the proliferation of WMD and the means to deliver them, including robust enforcement of U.S. non-proliferation laws. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission Intern Michael Peterson contributed to this article.

  • From the Bad to the Worst... Helsinki Commission Hearing Sets Sites on Arms Sales to Rogue Regimes

    By Bob Hand CSCE Staff Advisor   The United States Helsinki Commission held a hearing June 5, 2003, to examine the transfer of arms to rogue regimes by certain participating States of the Organization for Security and Cooperation in Europe (OSCE), in violation of non-proliferation obligations set forth in OSCE commitments. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing entitled “Arming Rogue Regimes: The Role of OSCE participating States.” Under Secretary of State for Arms Control and International Security John Bolton testified on behalf of the Administration. Also testifying were Roman Kupchinsky, editor of Crime and Corruption Watch for Radio Free Europe/Radio Liberty and Terence Taylor, President and Executive Director of the International Institute for Strategic Studies in the United States. Co-Chairman Smith, in opening the hearing, stressed the importance of examining the capacity and readiness of certain OSCE participating States to be sources of supply. He emphasized the Commission’s desire to focus on the role of suppliers in the effort to curb the spread of dangerous weaponry and militarily significant equipment and technology to rogue regimes around the world. Mr. Smith noted that, particularly among former Warsaw Pact States, several countries remained vulnerable to the lure of responding to the demand from rogue regimes for weapons of mass destruction (WMD), delivery systems and small arms or light weapons. He cited press articles and official investigations reporting that Belarus, Bosnia-Herzegovina, Bulgaria, Moldova, Russia, Serbia-Montenegro and Ukraine have supplied dangerous regimes and combatants with military equipment or militarily-significant technology and resources. In some cases, these revelations were followed by government efforts to stop the flow and address those responsible. However, in other cases, government officials have attempted to cover-up and deny involvement. Helsinki Commission Co-Chairman Senator Ben Nighthorse Campbell (R-CO) said, “While some may claim a lack of technical know-how impedes their ability to track arms transfers, we must not lose sight of the important element of political will.” He added that the United States “cannot afford to turn to a blind eye with respect to the complicity of senior civilian and military leaders in transfers that violate international commitments or are otherwise detrimental to the security interests of the United States.” Campbell added, “At a time when the OSCE is assessing ‘new threats’ to security, it would be foolhardy to overlook the multidimensional threats posed by corruption and international crime.” Commissioner Rep. Zach Wamp (R-TN) stressed his belief in the importance of such a hearing as a forum to learn the hard facts in order to benefit the world community. Commissioner Rep. Benjamin L. Cardin (D-MD) stated that the OSCE has a particular responsibility to make sure that weapons of mass destruction are not made available to rogue regimes and terrorist organizations. Commissioner Rep. Joseph R. Pitts (R-PA) expressed concern as to whether the governments of France and Russia fully understand the implications of doing business deals with rogue regimes. The three witnesses confirmed that a number of OSCE participating States possess the technology and ability to supply rogue regimes, terrorist groups, and combatants in regional conflicts with militarily significant equipment and know-how. The end of the Cold War left several Warsaw Pact States with huge stockpiles of military hardware, while economic downturns have made their military industries and research institutes desperate for funds. Under Secretary Bolton asserted that the United States has encouraged these countries to maintain tight control over such facilities and has invested in programs to destroy surplus equipment and convert the factories into industrial production. Still, several countries remain vulnerable to the lure of responding to the demand by rogue regimes for sophisticated weapons systems as well as small arms or light weapons. Organized crime and widespread corruption compound the problem, as well as a widespread attitude that what the purchasers do with arms they buy is neither the concern nor the responsibility of the supplier. Among specific OSCE countries cited was Belarus, where the Lukashenka regime threatens the security of others by facilitating the proliferation of arms and militarily significant equipment to rogue regimes and conflict areas around the world. “Belarus is one of the least responsive OSCE members states, and has done little to show it is serious about non-proliferation,” Bolton said, adding that since Iraq kept intricate details of all arms transactions, the United States expected to uncover significant details regarding Belarus’ role as a supplier. Russia’s role was also discussed, especially in light of concerns about Russian technology and expertise and Iran’s nuclear and missile programs. Under Secretary Bolton underscored his ongoing engagement with Moscow on non-proliferation issues and reported some progress in cooperation with the Russian Government to control exports. At the same time, questions were raised about Russia’s willingness to make greater inroads toward non-proliferation and the possibility of an “oligarch” outside the government who may be in control of deals with Iran concerning that country’s Bushehr nuclear reactor. While President Vladimir Putin and the Russian Government may at times be very much aware of what is happening, Russian oligarchs are nevertheless a major problem. One alleged arms dealer, Victor Bout, continues to reside in Moscow despite being wanted in Belgium and the United Kingdom on an Interpol warrant, according to Mr. Kupchinsky. He alleged that the protection that Bout has in Russia is “very high-level” and that Russian Interpol has not acted on warrants that have been given to them. Ukraine remains a major player in arms sales and transfers. Co-Chairman Campbell said President Leonid Kuchma’s personal authorization of the Kolchuga sale “renders him an unreliable partner and casts a shadow over relations with Ukraine as long as he is in power.” Under Secretary Bolton noted that the Kolchuga incident was duly noted by other governments. “Well, I think certainly the Kolchuga incident got their attention in a major way,” he said. “And I think the Government of Ukraine is still trying to deal with that.” Bulgaria, slated to take over the chairmanship of the OSCE in 2004 also featured prominently in the hearing. It was noted that Bulgaria had a well-developed arms industry from its days as a Warsaw Pact member that led to significant arms transfers in the 1990s. Mr. Kupchinsky stated that, from his observations, the Bulgarians have not been concerned with the ultimate destination of their arms shipments and that this was an attitude persisting in most of the former Warsaw Pact countries and Soviet successor states. Mr. Taylor expressed particular concern about individuals in the private sector who are likely to be unaware of the need to protect themselves from those seeking to buy their equipment, resources or technology. Taylor also advocated greater transparency in reporting transfers of militarily-significant items and spoke positively of OSCE efforts in this area, especially with regard to small arms and light weapons. Commissioner Cardin sought recommendations on how to make transparency laws and controls more effective internationally. Mr. Taylor said that a good framework for dealing with proliferation issues already exists on paper; however, the real challenge is ensuring that states follow through on their commitments by insisting on full compliance, thorough reporting, and accountability. Strong export controls provide major contributions toward preventing illicit arms transfers. Mr. Bolton said that U.S. export control assistance is largely responsible for over a dozen European and Eurasian countries adopting comprehensive export control laws that meet international standards. This program was created initially to address the proliferation concerns among former Soviet Union states and others. A number of OSCE countries still need additional assistance to develop appropriate legal frameworks and increase enforcement capabilities to combat the transfers of sensitive goods and technologies. Under Secretary Bolton stressed the top priority given by the Bush Administration to discouraging proliferation of WMD. In this regard the steps that OSCE members take toward their commitments on non-proliferation are especially important. However, as encouraging as OSCE declarations are, they are worthless if the participating States do not take them seriously. It is therefore necessary for the United States to continue its strong leadership role in both bilateral and multilateral fora to stem the proliferation of WMD and the means to deliver them, including robust enforcement of U.S. non-proliferation laws. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Floor Debate of H. Con. Res. 49 Condemning Anti-Semitism in Europe

    EXPRESSING SENSE OF CONGRESS THAT ESCALATION OF ANTI-SEMITIC VIOLENCE WITHIN PARTICIPATING STATES OF OSCE IS OF PROFOUND CONCERN AND EFFORTS SHOULD BE UNDERTAKEN TO PREVENT FUTURE OCCURRENCES Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H . Con . Res . 49 ) expressing the sense of the Congress that the sharp escalation of anti-Semitic violence within many participating States of the Organization for Security and Cooperation in Europe (OSCE) is of profound concern and efforts should be undertaken to prevent future occurrences. The Clerk read as follows: H . Con . Res . 49 Whereas the expressions of anti-Semitism experienced throughout the region encompassing the participating States of the Organization for Security and Cooperation in Europe (OSCE) have included physical assaults, with some instances involving weapons or stones, arson of synagogues, and desecration of Jewish cultural sites, such as cemeteries and statues; Whereas vicious propaganda and violence in many OSCE States against Jews, foreigners, and others portrayed as alien have reached alarming levels, in part due to the dangerous promotion of aggressive nationalism by political figures and others; Whereas violence and other manifestations of xenophobia and discrimination can never be justified by political issues or international developments; Whereas the Copenhagen Concluding Document adopted by the OSCE in 1990 was the first international agreement to condemn anti-Semitic acts, and the OSCE participating States pledged to “clearly and unequivocally condemn totalitarianism, racial and ethnic hatred, anti-Semitism, xenophobia and discrimination against anyone as well as persecution on religious and ideological grounds”; Whereas the OSCE Parliamentary Assembly at its meeting in Berlin in July 2002 unanimously adopted a resolution that, inter alia, called upon participating States to “ensure aggressive law enforcement by local and national authorities, including thorough investigation of anti-Semitic criminal acts, apprehension of perpetrators, initiation of appropriate criminal prosecutions and judicial proceedings”; Whereas Decision No. 6 adopted by the OSCE Ministerial Council at its Tenth Meeting in Porto, Portugal in December 2002 (the “Porto Ministerial Declaration”) condemned “the recent increase in anti-Semitic incidents in the OSCE area, recognizing the role that the existence of anti-Semitism has played throughout history as a major threat to freedom”; Whereas the Porto Ministerial Declaration also urged “the convening of separately designated human dimension events on issues addressed in this decision, including on the topics of anti-Semitism, discrimination and racism and xenophobia”; and Whereas on December 10, 2002, at the Washington Parliamentary Forum on Confronting and Combating anti-Semitism in the OSCE Region, representatives of the United States Congress and the German Parliament agreed to denounce all forms of anti-Semitism and agreed that “anti-Semitic bigotry must have no place in our democratic societies”: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That it is the sense of the Congress that-- (1) officials of the executive branch and Members of Congress should raise the issue of anti-Semitism in their bilateral contacts with other countries and at multilateral fora, including meetings of the Permanent Council of the Organization for Security and Cooperation in Europe (OSCE) and the Twelfth Annual Session of the OSCE Parliamentary Assembly to be convened in July 2003; (2) participating States of the OSCE should unequivocally condemn anti-Semitism (including violence against Jews and Jewish cultural sites), racial and ethnic hatred, xenophobia, and discrimination, as well as persecution on religious grounds whenever it occurs; (3) participating States of the OSCE should ensure effective law enforcement by local and national authorities against criminal acts stemming from anti-Semitism, xenophobia, or racial or ethnic hatred, whether directed at individuals, communities, or property, including thorough investigation and prosecution of such acts; (4) participating States of the OSCE should promote the creation of educational efforts throughout the region encompassing the participating States of the OSCE to counter anti-Semitic stereotypes and attitudes among younger people, increase Holocaust awareness programs, and help identify the necessary resources to accomplish this goal; (5) legislators in all OSCE participating States should play a leading role in combating anti-Semitism and ensure that the resolution adopted at the 2002 meeting of the OSCE Parliamentary Assembly in Berlin is followed up by a series of concrete actions at the national level; and (6) the OSCE should organize a separately designated human dimension event on anti-Semitism as early as possible in 2003, consistent with the Porto Ministerial Declaration adopted by the OSCE at the Tenth Meeting of the OSCE Ministerial Council in December 2002. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos) each will control 20 minutes. The Chair recognizes the gentleman from New Jersey (Mr. Smith). Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, anti-Semitism is a deadly disease of the heart that leads to violence, cruelty, and unspeakable acts of horror. The anti-Semite is, as Holocaust survivor Elie Wiesel grimly wrote last week, an ideological fanatic and pathological racist: “An anti-Semite is someone who never met me, never heard of me, yet he hates me.” While we all are aware and deplore the hate crimes and cowardly acts that are committed routinely by Hamas and their like-minded murderers, what is new, Mr. Speaker, is the enormous surge in anti-Semitic acts and the resurgence of hatred for Jews in Europe, the United States, and in Canada. Just a brief look, Mr. Speaker, of some of the startling statistics makes the point. In France, for example, there was a 600 percent increase in anti-Semitic acts from the year 2001 to the year 2002. Thankfully, the French have moved with new legislation designed to not only chronicle and get a better handle on how often these hate crimes are occurring, but they are also trying to stop them. The Anti-Defamation League, Mr. Speaker, did a survey that also showed a spike in five other countries of Europe. They found that 21 percent of the people in those five countries had strongly anti-Semitic perspectives or views. The ADL also looked at the United States and found that 17 percent of our own people in the United States had strong anti-Semitic views. If you extrapolate that, Mr. Speaker, that is about 35 million Americans. That is up 5 percent from just 5 years ago. H . Con . Res . 49 recognizes this dangerous and alarming trend, condemns this ancient-modern scourge, and calls on each of the 55 countries that make up the Organization for Security and Cooperation in Europe to take concrete steps to eradicate anti-Semitism. The resolution before us today is an unequivocal condemnation of violence against Jews and Jewish cultural sites, racial and ethnic hatred, xenophobia and discrimination, as well as persecution on religious grounds wherever it occurs. The resolution calls on all the states of the OSCE to ensure effective law enforcement and prosecution of individuals perpetrating anti-Semitic violence as well as urging the parliaments of all those states to take concrete legislative action at the national level. We are encouraging, Mr. Speaker, the creation of education efforts to counter these anti-Semitic stereotypes and the attitudes that we are seeing increasingly among younger people. We are calling for an increase in Holocaust awareness programs, and seeking to identify necessary resources to accomplish these goals. Mr. Speaker, as chairman of the Commission on Security and Cooperation in Europe, I chaired a congressional hearing and three international summits on anti-Semitism within the last year alone. Joined by my good friend and colleague from the German Bundestag, Gert Weisskirchen, at the three special summits, and my good friend and colleague, the gentleman from Maryland (Mr. Cardin), who I thank as well for his good work on this, these summits have focused on this rising tide of anti-Semitism. The summits, Mr. Speaker, were held in Berlin, in 2002; in Washington, in December of 2002; and in Vienna, earlier this year, in February. We heard from world renowned leaders, including Rabbi Israel Singer, President of the World Jewish Congress; Ambassador Alfred Moses, Abraham Foxman and Ken Jacobson of the Anti-Defamation League; Mark Levin from the NCSJ; Rabbi Andrew Baker of the American Jewish Committee; Dr. Shimon Samuels, director of the Weisenthal Center located in Paris; and many others, Amnesty International and other human rights’ organizations, all of whom made very powerful statements about this alarming rise of hate directed towards Jews. Let me just quote for my colleagues what Dr. Samuels said, very briefly: “The Holocaust, for 30 years, acted as a protective Teflon against blatant anti-Semitic expression. That Teflon has eroded, and what was considered distasteful and politically incorrect is becoming simply an opinion. But cocktail chatter at fine English dinners can end as Molotov cocktails against synagogues. Political correctness is also ending for others, as tolerance for multiculturalism gives way to populist voices in France, Italy, Austria, Denmark, Portugal, and the Netherlands. These countries’ Jewish communities can be caught between the rock of radical Islamic violence and the hard place of a revitalized Holocaust-denying extreme right. Common cause must be sought between the victimized minorities against extremism and against fanaticism.” Dr. Jacobson pointed out, and I quote, “Sadly, some European leaders have rationalized anti-Jewish attitudes and even more violent attacks against Jews as nothing more than a sign of popular frustration with events in the Middle East. Something to be expected, even understandable, they say.” Mr. Speaker, we have been hearing more and more about this idea of pretext; that there is a disagreement with the policies of the Israeli Government, that somehow that gives license and an ability and permission for some people to hate the Jews themselves. We can disagree, as we do on this House floor. The gentleman from Florida (Mr. Hastings), the gentleman from Maryland (Mr. Cardin), and I have been working on this for years, and of course the gentleman from California (Mr. Lantos). We disagree on some issues, but anti-Semitism? We do not hate. We do not use that as a pretext, as a front to promote hatred. That is exactly what is happening in Europe, in the United States, and in Canada. Let me point out too that, as a result of these summits, we have come up with an action plan. Mr. Weisskirchen and I have signed it, it has been agreed to by our commissions, and we are trying to promote it among all our States. Again, education, trying to get parliaments to step up to the plate, and trying to make a meaningful difference to mitigate and hopefully to end this terrible anti-Semitism. Last week, the gentleman from Florida (Mr. Hastings) and I joined Rudy Giuliani in Vienna for an OSCE assembly focused on anti-Semitism. We have been doing it in the OSCE Parliamentary Assembly, but now the OSCE itself has taken up this important cause. And it will be followed up with a meeting, most likely in Berlin next year, to focus on anti-Semitism so that we rally the troops all over the world, starting with Europe, the U.S., and Canada to say “never again.” Let me also point out to my colleagues, and I thought his statement said it all, when Abraham Foxman, who gave riveting testimony at our Berlin conference, pointed out just recently in the Jerusalem Post, just a couple of days ago, and I would like to close with his statement, he said “Anti-Semitism is surging in the world to the extent unprecedented since the end of World War II. Europe must take seriously the ideology of anti-Semitism coming out of the Arab and Islamic world. It must denounce the deliberate targeting of Jews by terrorist groups, whether it be al Qaeda or Hamas. It must denounce the vicious anti-Semitic material in the Arab press and educational systems and call on Arab leaders to do something about it. It must understand that the Holocaust happened not only because Germany was taken over by the Nazis, who developed a massive military power to conquer most of Europe, but also by the complicity--active and passive--of other Europeans. Today, the great threat comes from the combination of the ideology of hatred with Islamic extremists to acquire weapons of mass destruction.” And then he bottom lines it and says, “Let Europe never again be complicit in developments of this kind.” Mr. Speaker, this Congress needs to go on record in a bipartisan way, Democrats, Republicans, Conservatives, Moderates, and Liberals to say anti-Semitism, never again, and we need to do it strongly today. Mr. Speaker, I reserve the balance of my time. Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume, and I rise in strong support of the resolution. First, I want to commend my dear friend, the gentleman from New Jersey (Mr. Smith), the chairman of our delegation to the Organization for Security and Cooperation in Europe, for his lifelong indefatigable and passionate advocacy of human rights, and his powerful opposition in all fora to anti-Semitism. We are all in his debt. I also want to thank the gentleman from Illinois (Mr. Hyde), of the Committee on International Relations, for moving this legislation so expeditiously to the floor. And I want to thank my good friend, the gentleman from Maryland (Mr. Cardin), the ranking Democrat on our OSCE delegation, for his outstanding work on behalf of all of the causes that the human rights community is interested in. Mr. Speaker, as the only survivor of the Holocaust ever elected to Congress, I am acutely aware of the dangers of allowing anti-Semitism to go unchecked. The horrors of the Holocaust in World War II began with anti-Semitism. Growing up in Europe in the 1930s, I saw firsthand the horrendous results of anti-Semitic rhetoric, leading to the nightmare of anti-Semitic violence, and, ultimately, to the mass murder of 6 million innocent men, women and children. Mr. Speaker, today, anti-Semitism in Europe, as well as in a number of other places in this world, is approaching the appalling levels that I personally experienced in the 1930s. We cannot, we must not, and we will not sit idly by and ignore the sharp escalation of anti-Semitic rhetoric and anti-Semitic violence. Our resolution notes that expressions of anti-Semitism in some European countries range from vicious propaganda to physical assaults, from the burning of synagogues to the desecration of cemeteries. Since the 1990 Copenhagen Concluding Document, a number of resolutions have been adopted by OSCE condemning anti-Semitism. In that spirit, I welcome this effort. Our resolution urges officials of our executive branch and Members of Congress to raise the issue of anti-Semitism in their bilateral and multilateral meetings with all foreign government officials where appropriate and to condemn in the strongest possible terms not only anti-Semitism but racial and ethnic hatred, xenophobia, discrimination and religious persecution of all types. We urge all member countries of the OSCE to ensure effective law enforcement by local and national authorities against criminal actions stemming from anti-Semitism and other types of racial hatred. Most importantly, our resolution calls upon all States to promote educational efforts to counter anti-Semitic stereotypes and attitudes and to dramatically increase Holocaust awareness. Our best ammunition in this fight against anti-Semitism is education. Mr. Speaker, the battle against this age-old and horrendous mental sickness will not be easily won, but I believe the recognition of the problem and the call for actions to deal with it is the first critical step. I urge all of my colleagues to support this important legislation which serves to eliminate the outrage of hate-filled anti-Semitism. Mr. Speaker, I reserve the balance of my time. Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as she may consume to the gentlewoman from Florida (Ms. Ros-Lehtinen), the chairman of the Subcommittee on the Middle East and Central Asia. Ms. ROS-LEHTINEN. Mr. Speaker, I am honored to be in the company of the gentleman from New Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos) in cosponsoring this resolution. I rise in support of its passage and ask my colleagues to vote in its favor as well. Mr. Speaker, one of the essential lessons of the Holocaust is that words lead to murder, that the teaching of contempt and acceptance of bigotry and anti-Semitism can lead to genocide. Today, over 50 years after the horrors of the Holocaust, anti-Semitism has again become a disease spreading throughout the world. In recent years I have witnessed its resurgence, particularly through my work relating to the United Nations Commission on Human Rights and legislative efforts concerning religious freedom in Europe. At the commission, resolution after resolution, statement after statement are filled with the rhetoric of hatred, using the international fora to further promote and generate support for an anti-Semitic agenda, an agenda which condemns a freedom-loving people and a democratic nation, while many times legitimizing those regimes that torture, oppress, and subjugate their own people. As the previous chair of the Subcommittee on Human Rights and as the current chair of the Subcommittee on the Middle East and Central Asia, and as cochair along with my colleague and friend the gentleman from California (Mr. Lantos) of the Congressional Task Force on Anti-Semitism, I have pressed European officials to take concrete steps to monitor, investigate and prosecute to the fullest extent of the law crimes that are borne out of hatred for the Jewish people. In January of this year, for example, Jewish leaders in France came to me with concern and anxiety about the increasing example of vandalism and personal attacks against rabbis in that country. I immediately called on the French foreign ministry officials and French parliamentarians to address this grave matter. The situation in France, however, is only a microcosm of a growing problem that is sweeping throughout many OSCE states. While I will not delve into details because my colleagues, the gentleman from New Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos), have already done so, I will simply note, as has been said, we must learn the lessons and the mistakes of the past, or we are condemned to repeat them. This is why it is imperative that we take immediate action to prevent further escalation of anti-Semitism and related violence, to help ensure that the evil of the Holocaust will never again be allowed to exist. As Eli Wiesel, a Holocaust survivor and Nobel Peace laureate has said, “A destruction, an annihilation that only man can provoke, only man can prevent.” We can help prevent a repetition of history, and we can begin here today by voting in favor of this resolution. Let us adopt House Concurrent Resolution 49 and convey the commitment of the U.S. House of Representatives to work with our allies to confront and combat anti-Semitism and eradicate it from its roots. Mr. LANTOS. Mr. Speaker, I yield 3 minutes to the gentleman from Maryland (Mr. Cardin), the distinguished ranking Democratic member of the Helsinki Commission, who has demonstrated a passionate commitment to human rights and on all of the issues that that commission works with. Mr. CARDIN. Mr. Speaker, let me first thank the gentleman from California (Mr. Lantos). There is no Member of this body who has done more in his lifetime to fight anti-Semitism than the gentleman from California (Mr. Lantos), and I congratulate him for his effective leadership against anti-Semitism here and around the world. I also want to thank the gentleman from New Jersey (Mr. Smith), who is the chairman of our OSCE delegation. I have the honor of being the ranking Democratic member. The gentleman from Florida (Mr. Hastings), who will be speaking shortly, is one of the commissioners. We have made the fight against anti-Semitism a top priority of our delegation. We have been effective in making it a top priority within the OSCE Parliamentary Assembly. We have done that because we have seen a rise of anti-Semitism, physical assaults on individuals solely because they are Jewish, desecration of Jewish cultural sites, propaganda in the media have all been on the rise. We must have a zero tolerance policy about anti-Semitism. The OSCE Helsinki Commission provides a unique opportunity for us to fight anti-Semitism. It not only has in its membership all of the countries of Europe, Canada and the United States, but it has the participation of our Mediterranean partners, which include Israel, Egypt and Jordan. The OSCE Helsinki Commission has had a history of effectively dealing with human rights issues, so that is why the United States leadership has been effective in bringing about the forums to deal with anti-Semitism. I know there was just a meeting in Vienna that the gentleman from New Jersey (Chairman Smith) and the gentleman from Florida (Mr. Hastings) participated in. We adopted in the OSCE Parliamentary Assembly last year a very strong resolution against anti-Semitism as a result of the U.S. leadership, and we have signed a letter of intent with Germany to spell out specific actions that we need to take in order to fight anti-Semitism. We can never justify anti-Semitic actions by international developments or political issues. We need to have an action plan to fight anti-Semitism. We need to have strong laws that are adopted by our member states and enforced. We need to speak out against anti-Semitism as parliamentarians. Silence is not an option. As all my colleagues have expressed, we need educational programs for our children. The resolution says we need to create educational efforts throughout the region encompassing the participating states of OSCE to counter anti-Semitic stereotypes and attitudes among younger people, increase Holocaust awareness programs, and help identify the necessary resources to accomplish this goal. Our children are our future. In many of these states, we are finding there are counterproductive programs promoting anti-Semitism. We need a proactive agenda. This resolution puts this body on record in strong support of our resolution within OSCE to continue our commitment to support action plans to stamp out anti-Semitism. I urge my colleagues to support the resolution. Mr. SMITH of New Jersey. Mr. Speaker, I reserve the balance of my time. Mr. LANTOS. Mr. Speaker, I yield 2 minutes to the gentlewoman from New York (Mrs. Maloney), who has been a champion not only of the fight against anti-Semitism but on behalf of all human rights causes. Mrs. MALONEY. Mr. Speaker, I rise in strong support of this resolution, and I thank the gentleman from New Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos) for their extraordinary leadership on this important issue and so many others. We are experiencing the worst outbreak of anti-Semitism in Europe since the end of Holocaust in 1945. Just under 60 years have passed since the defeat of Hitler and now swastikas have reappeared in Europe. They can be found sprayed on Jewish schools, drawn on gravestones in a desecrated Jewish cemetery, painted on the wall of a synagogue, and stitched on the flags of anti-Israel demonstrators, and in the hearts and minds of the people who attack rabbinical students and Jewish athletes. When we allow intolerance and hatred to fester and flourish, we are faced with tragic consequences. Put simply, hatred, violence and prejudice must not be tolerated. Countries must speak out against anti-Semitic acts, but rhetoric is not enough. Words will not restore the hundreds of Jewish cultural and religious sites which have been burned, desecrated and destroyed throughout Europe, and words alone will not prevent these tragedies from happening again. Governments and institutions must condemn these acts as we do today, and they must ensure effective law enforcement against them. They must also promote tolerance education for their children. There is no question teaching children about the horror and tragedy of the Holocaust and other tragedies will create a generation of youth who are less likely to commit hate crimes and who are more likely to mature into adults who will envision and work towards peaceful world relations. When this body passes H . Con . Res . 49 , we will be spending a strong message to the world that anti-Semitism must be confronted and must be eradicated. I thank both leaders, particularly the gentleman from California (Mr. Lantos), for his extraordinary life commitment to ending anti-Semitism and for world peace. Mr. LANTOS. Mr. Speaker, I yield 4 minutes to the gentleman from Florida (Mr. Hastings), who has been throughout his congressional career and prior to that an indefatigable fighter for human rights. (Mr. HASTINGS of Florida asked and was given permission to revise and extend his remarks.) Mr. HASTINGS of Florida. Mr. Speaker, I thank the gentleman from California (Mr. Lantos) for yielding me this time, and before I go forward, I would be terribly remiss if I did not point out that the gentleman from California (Mr. Lantos) has spent his lifetime in the struggle that some of us come to with equal passion, but not the clarity that he brings to the issue. I also am happy to support the resolution offered by the chairman of the Helsinki Commission and to compliment the gentleman from New Jersey (Mr. Smith) for his continuing work in the area of human rights and the gentleman from California (Mr. Lantos) as being a stalwart champion for human rights. As Chairman SMITH has already mentioned, last week he and I had the privilege to represent the United States at the Organization for Security and Cooperation in Europe’s conference on anti-Semitism. A footnote right there. That conference came about because the gentleman from New Jersey (Mr. Smith), the gentleman from Maryland (Mr. Hoyer), the gentleman from California (Mr. Lantos), the gentleman from Maryland (Mr. Cardin), myself and others on the Helsinki Commission along with colleagues in Europe brought it to the attention of the parliamentary assembly by way of resolution which we will introduce yet another resolution for follow-up purposes when we are in Rotterdam 1 week from now. But it was in this body that that conference’s seed was planted. The conference, which was the first of its kind, provided the OSCE’s 55 member states and NGOs with an opportunity to discuss ways in which governments can work to combat anti-Semitism within their borders and abroad. Today’s resolution is an important symbolic statement of the House that the United States will not stand idly by while many European governments neglect a rise in anti-Semitism. We must work with our allies and not hesitate to apply pressure when needed to ensure that governments properly address increases in anti-Semitism and other forms of discrimination. A few years ago, there were hopes that anti-Semitism was gradually declining and restricted to fringe elements such as neo-Nazis, white supremacists and certain conspiracy theorists. However, recent developments throughout much of Europe and the Middle East suggest that there is a resurgent anti-Semitism with a much broader base and message that resonates at an alarming level. Many European leaders have formally recognized the resurgence of anti-Semitism in their countries and have begun to take the necessary steps to stop this spreading virus. But still, more must be done to ensure that what occurred to the Jewish and minority communities in Europe during World War II will never happen again. Sadly, Mr. Speaker, the fight against bigotry and xenophobia is an ongoing struggle as many of us know from our own personal experience. Last week when the gentleman from New Jersey and I were in Vienna, we heard from a woman whose name is Rosalia Abella of the Ontario Court of Appeals. As she noted in one of the more poignant statements made at that conference, “Indifference is injustice’s incubator.” Indeed it is. Now is the time for the United States to be vocal and now is the time for the House to be active as it is today under the leadership of the gentleman from New Jersey and the gentleman from California. Today is not a day for complacency. If we remain silent, then there will be no tomorrow. We cannot legislate morality, we cannot legislate love, but we can teach tolerance and we can lead by example. Mr. SMITH of New Jersey. Mr. Speaker, I yield 3 minutes to the gentleman from Connecticut (Mr. Shays). Mr. SHAYS. Mr. Speaker, I rise in strong support of the Smith-Cardin-Lantos resolution. I am a cosponsor of this resolution because I am deeply concerned about the surge of anti-Semitism in Europe and throughout other parts of the world, but particularly in Europe. This is not a problem that simply can be monitored. It must be actively and aggressively dealt with, for we must never forget that just 60 years ago, Europe saw the worst scourge of systematic, government-ordained hatred, violence and murder in the history of mankind, in what was an unbelievable Holocaust. The Organization for Security and Cooperation in Europe (OSCE) has recognized and condemned anti-Semitic violence in its member states. At its parliamentary assembly in July 2002, the OSCE resolved to aggressively enforce laws and investigate anti-Semitic criminal acts. It is important that the United States openly support the OSCE’s resolution and actively encourage it to address hatred and prevent violence in Europe. Mr. Speaker, there are several topics on which the United States and Europe disagree. There must be no disagreement, however, on the absolute right of the Jewish people to practice their religion freely and to live in peace and prosperity. The Organization for Security and Cooperation in Europe should not only investigate anti-Semitic crimes but also promote and facilitate discussions that address the root causes of xenophobic hatred. I encourage my colleagues and the administration to take advantage of bilateral meetings with our European counterparts to reaffirm our deep commitment to the prevention of violence in Europe. I again thank the gentleman from New Jersey for bringing this resolution to the floor and urge its adoption. Mr. LANTOS. Mr. Speaker, I am delighted to yield 3 minutes to the gentleman from New York (Mr. Crowley), a distinguished member of the Committee on International Relations. Mr. CROWLEY. I thank my good friend the gentleman from California (Mr. Lantos) for yielding me this time. Mr. Speaker, I rise today to strongly support this resolution, and I thank the gentleman from New Jersey for sponsoring this crucial piece of legislation. I am very aware of the danger of being inactive about the threat of anti-Semitism. It was anti-Semitism that was responsible for the horrors of the Holocaust, the most horrible crime committed against the Jewish people ever. Sadly, I have to say here today that nearly 60 years after the end of World War II, anti-Semitism in Europe, in many of the OSCE member states, is on the rise again. Once again we witness evil propaganda, physical attacks against Jews, the burning of Jewish sites and the desecration of synagogues. We must not stand aside and ignore this grave escalation of anti-Semitic violence and hatred. This resolution addresses this threat. It particularly calls on administration officials and Members of Congress to focus on anti-Semitism in their bilateral and multilateral meetings. It calls upon OSCE member states to swiftly bring anti-Semitists to justice and to focus on educational endeavors to fight anti-Semitic stereotypes. I would also like to point out that this piece of legislation is similar to a resolution I introduced last year. House Resolution 393 also addresses the anti-Semitic threat in the OSCE region. It urges European governments to provide security and safety of the Jewish communities, to prosecute and punish perpetrators of anti-Semitic violence, and to cultivate a climate in which all forms of anti-Semitism are rejected. I was proud that my colleagues in Congress joined me in sending this message to the European Union, but we must go further. Anti-Semitism continues to fester throughout the OSCE region. This resolution is the right follow-up to my legislation that passed in the last Congress. Mr. Speaker, the threat of anti-Semitism is looming large and our fight against it is far from over, but I believe that recognizing this problem and taking action is critical. I therefore urge all of my colleagues to strongly support House Resolution 49 sponsored by the gentleman from New Jersey. I would ask them all to vote for this resolution unanimously. I want to thank the gentleman from California again for his work on this resolution and all my colleagues in bringing this to the House floor. Mr. SMITH of New Jersey. Mr. Speaker, I yield 3 minutes to the distinguished gentleman from California (Mr. Rohrabacher). Mr. ROHRABACHER. Mr. Speaker, I am proud to join the gentleman from New Jersey and the gentleman from California as I have over the years on many human rights issues, and this is a human rights issue. Racism, religious hatred, these are things that decent people must condemn and we must unite in our strong opposition wherever this type of vile behavior and vile thought patterns emerge. We must recognize that there are, however, people who exploit these type of negative feelings and this type of racial hatred. Anti-Semitism is perhaps the epitome of this ignorance and irrationality and mindless hatred and it is again raising its ugly head both in Europe and in the United States. Let us note that over 10 years ago, a major political figure in the United States referred to New York City as “Hymietown.” What is important is the fact that he was winked at and that for 10 years after that statement, he still remained a recognized leader. That did tremendous harm in America’s black community. It sent a horrible message to young blacks and we are paying some of the price of an increased anti-Semitism today in our black community by mistakes that we made 10 years ago by not condemning that and other types of horrible remarks that should never have been made or accepted in our political debate. In Europe today, we see that same kind of winking going on. Oh, yes, people are ignoring statements that are being made that are totally unacceptable to people who believe in civilized behavior and are opposed to this type of vile hatred, the vile hatred in relationship to their fellow man. This is an alarm bell today. I am very proud to stand here with the gentleman from California and the gentleman from New Jersey ringing the alarm bell. We are not going to sit idly by and wink at an increase in this level of hatred towards our Jewish friends nor towards any other minority in the Western democracies. The Western democracies, our friends in Europe, just like we in the United States, have to remain vigilant and it is up to us as leaders of this society and the democratic leaders in Europe to call to task those who would wink and would not condemn this type of vicious trend in their society. We can cut it short now. Let us stand together united against anti-Semitism and all such hatred. Mr. LANTOS. Mr. Speaker, I am delighted to yield 2 minutes to the distinguished gentleman from Massachusetts (Mr. Frank). Mr. FRANK of Massachusetts. Mr. Speaker, in terms that we do not usually use on this floor but in terms that may be familiar to our friends in Europe, in the American context, I am a man of the left. I voted against the war in Iraq. I will vote for the resolution later about Israel’s right to respond to terrorism, but I will put into the Congressional Record Tom Friedman’s article urging them to think about prudence and restraint. I think the settlements are by and large a mistake. And I speak today in defense of this resolution, specifically to others on the left in Europe, many of whom have in my judgment been morally deficient in the obligation we have to speak out against prejudice and injustice across the board. Those who hold to liberal values have no moral right to put an ideological screen between victims and those values, and those on the left who use an excuse of a disagreement with the policy of the Sharon government or the Bush government or anybody else as a reason to be soft on anti-Semitism betray liberalism and betray its values. By the way, with regard to the government of Israel, let me speak to the people on the left. I disagree with some aspects of its policy, but I staunchly defend its right to exist. But even more important, by every value that I as a liberal hold dear, the government and society of Israel is quite morally superior to any of its neighbors, and to focus only on those aspects of disagreement and to ignore its longstanding commitment to civil rights and civil liberties, in fact I think our society, the United States, has a good deal to learn from the society of Israel about how you deal with external threats and still show a respect for civil liberties. I thank the gentleman from California and the gentleman from New Jersey for bringing this forward and the gentleman from Illinois for his support. I want to reiterate as a man on the left who shares a great deal of both general values and specific policy prescriptions with many on the left in Europe, I am appalled at those who fail to carry out our liberal principles fully and across the board. A vigorous and ongoing condemnation of anti-Semitism is a requisite part of that commitment. Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I may consume. At the most recent conference that was held in Vienna, I just want to again thank the great work that Ambassador Minikes did, our Ambassador to the OSCE. He has worked very, very hard to help put together that anti-Semitism conference. He did an outstanding job. Ambassador Cliff Sobel, our Ambassador to the Netherlands, also worked very hard on it as well, as did many others in the State Department. It was a joint effort. Again I want to thank Rudy Giuliani for the good work he did in leading that. Let me just also say that, Mr. Speaker, next week in Rotterdam we will have an OSCE Parliamentary Assembly and I plan on offering another resolution on anti-Semitism at that and hopefully we continue not only this dialogue but this outrage that we are expressing about intolerance. The more we raise our voices, the more we have mutually reinforcing policies, including good law, good law enforcement and hopefully a chronicling of these misdeeds so that law enforcement knows that they do indeed have a problem. This has been a particular problem in Europe, where hate crimes are committed and they are not attributed to the hate crimes that they represent. The more we chronicle, the more we will see that there is an explosion of anti-Semitism in Europe. This is a good resolution. I thank the gentleman from California (Mr. Lantos), and I thank the gentleman and chairman from Illinois (Mr. Hyde) for moving this bill expeditiously through the committee and for his strong support for it. Mr. Speaker, I yield back the balance of my time. Mr. LANTOS. Mr. Speaker, I yield 1 minute to the gentlewoman from Nevada (Ms. Berkley), a distinguished member of the Committee on International Relations and a fighter for human rights. Ms. BERKLEY. Mr. Speaker, I would like to thank the gentleman from California (Mr. Lantos) and the gentleman from New Jersey (Mr. Smith) for putting this before our body. I grew up hearing about anti-Semitism from my grandparents and my parents, things that I could not believe could have ever happened; but the anti-Semitism acts that they spoke of seemed like historic oddities to me, something from a distant time and a distant place. I never dreamed, never dreamed that anti-Semitism could ever rear its ugly head again during my lifetime or the lifetime of my children. Especially after World War II, I thought Europe and the rest of the world had learned a very important and valuable lesson. I ran for Congress so that I could speak out against issues that I thought were horrific; and anti-Semitism, and its continued existence on this planet, is certainly something that I wish to speak out against. I am glad that we are condemning anti-Semitism in no uncertain terms and putting the United States Congress on record and speaking out forcefully against this horrible scourge and plague. Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent to reclaim my time for purposes of yielding the remainder of my time to the gentleman from Maryland (Mr. Hoyer). The SPEAKER pro tempore (Mr. Bass). Is there objection to the request of the gentleman from New Jersey? There was no objection. The SPEAKER pro tempore. The gentleman has 1 minute. Mr. SMITH of New Jersey. Mr. Speaker, I yield 1 minute to the gentleman from Maryland (Mr. Hoyer). Mr. HOYER. Mr. Speaker, I thank the chairman of the Helsinki Commission for yielding me this time. I am proud to be a co-sponsor of this very important resolution. This is about anti-Semitism. But more broadly than that, it is about hate. It is about the human inclination from time to time to hate others who are different, to discriminate against others who are different, who have a different color of skin, who have a different religion, who have a different national origin. More human violence perhaps has been perpetrated in the name of those distinctions and prejudices and hate than any other. It is important that we regularly and strongly and without equivocation speak out against those who would perpetrate and spread hate in our world, in our country, in our communities. I thank the gentleman from New Jersey, and I thank my good friend, the gentleman from California, for their leadership on this issue. It is an appropriate statement for us to make as the representatives of a free and tolerant people. Mr. LANTOS. Mr. Speaker, I yield such time as he may consume to the gentleman from Alabama (Mr. Davis). (Mr. DAVIS of Alabama asked and was given permission to revise and extend his remarks.) Mr. DAVIS of Alabama. Mr. Speaker, I do not want this debate to end without adding my voice in support of the resolution. Mr. LANTOS. Mr. Speaker, I yield 1 minute to the gentleman from New York (Mr. Nadler), a distinguished fighter for human rights. Mr. NADLER. Mr. Speaker, I thank the gentleman for yielding me this time. Mr. Speaker, many people thought that the Holocaust cleansed the Western world of anti-Semitism, that the catastrophe, the mass murder, and the genocide in the Holocaust caused the civilized world or at least the Western part of the civilized world to recoil in such horror that anti-Semitism would not be a major problem again. We now know that maybe it did that for a generation or two, but that the scourge of anti-Semitism is returning in great and terrible force in its ancient homeland of Europe and other places. Today we have two major problems of anti-Semitism: in Europe and in the Muslim world. It is very appropriate that we adopt this resolution today to ask the governments of Europe through the OSCE and individually to crack down on anti-Semitism, to speak out against it, to act against it because many of the governments of Europe, many of the parts of the political left in Europe and elsewhere as well as the right have not done so. They ought to do so. And this resolution is fitting and appropriate to adopt today for that purpose. [Begin Insert] Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in support of H . Con . Res . 49 , expressing the sense of Congress that the sharp escalation of anti-Semitic violence within many participating States of the Organization for Security and Cooperation in Europe is of profound concern and efforts should be undertaken to prevent future occurrences. I begin by praising the Organization for Security and Cooperation in Europe for their conference this past weekend devoted to the issues of anti-Semitism and how to combat it. The Organization for Security and Cooperation in Europe (OSCE) is the largest regional security organization in the world with 55 participating countries from Europe, Central Asia, and North America. The OSCE has a comprehensive and cooperative approach to security, stressing preventative diplomacy and human rights. The conference last weekend was the first high level OSCE conference devoted specifically to the issue of anti-Semitism. Over 400 government and nongovernment officials attended. The conference took place at Vienna’s Hofburg Palace. This same location is where Hitler stood, 65 years ago, proclaiming Austria’s annexation to a cheering crowd of thousands. Sixty-five years later, what can we say about tolerance and diversity in Europe? What can we say about Human Rights worldwide? Specifically, 65 years after the beginning of the worst genocide in our time, what can we say we have learned about anti-Semitism and the horrors of racial hatred? Much has changed since then. Yet today there are both overt and subtle versions of anti-Semitism, in the United States and abroad. Physical assaults, arson at synagogues and desecration of Jewish cultural sites are occurring. Unfortunately, government officials are not speaking harshly enough against them. The conference on anti-Semitism opened a day after the Romanian Government retracted an earlier claim that “there was no Holocaust” on Romanian soil. In Greece, a recent newspaper cartoon had one Israeli soldier telling the other, “we were not in Dachau concentration camp to survive, but to learn.” France has experienced a six-fold increase in anti-Semitic incidents in the space of a year. In Poland, the word “Jewish” is used as a term of abuse for Polish soccer fans. In other parts of Europe, claims are made that Jews had forewarning of the September 11th attacks at the Pentagon and World Trade Towers. The existence of anti-Semitism has played throughout history as a major threat to freedom. Participating states of the OSCE should unequivocally condemn anti-Semitism, racial and ethnic hatred and xenophobia, and they need to be loud and clear in their message. We cannot allow future generations to be taught a distorted view of history. Prejudice must be rooted out of textbooks, governments must speak out against these wrongdoings, and anti-Semitic actions must be classified as hate crimes. We also need to ensure effective law enforcement. Finally, we must promote the creation of educational efforts and we must increase Holocaust awareness. I abhor and stand against all forms of hatred. If action had been taken in the 1930s, many lives could have been saved. There are so many lessons of history that need to be learned, lest they not be repeated. For that reason I support H . Con . Res . 49 . Mr. PAUL. Mr. Speaker: I will reluctantly vote in favor of this legislation, partly because it is simply a sense of Congress resolution. But I am concerned about this bill and the others like it we face with regularity on the floor of Congress. We all condemn violence against innocents, whether it is motivated by hatred, prejudice, greed, jealousy, or whatever else. But that is not what this legislation is really about. It is about the Congress of the United States presuming to know--and to legislate on--the affairs of European countries. First, this is the United States Congress. We have no Constitutional authority to pass legislation affecting foreign countries. Second, when we get involved in matters such as this we usually get it wrong. H. Con. Res. 45 is an example of us getting it wrong on both fronts. This legislation refers to the rise of anti-Semitism in Europe as if it is a purely homegrown phenomenon, as if native residents of European countries are suddenly committing violent crimes against Jews. But I think we are only getting part of the story here. What is absent from the legislation is mention of the well-reported fact that much of the anti-Jewish violence in Europe is perpetrated by recent immigrants from Muslim countries of the Middle East and Africa. Reporting on a firebombing of a Synagogue in Marseille, France, for example, the New York Times quotes the longtime president of that region’s Jewish Council, Charles Haddad, as saying, “This is not anti-Semitic violence; it’s the Middle East conflict that’s playing out here.” Therefore, part of the problem in many European countries is the massive immigration from predominantly Muslim countries, where new residents bring their hatreds and prejudices with them. Those European politicians who recognize this growing problem--there are now 600,000 Jews in France and five million Muslims--are denounced as racist and worse. While I do not oppose immigration, it must be admitted that massive immigration from vastly different cultures brings a myriad of potential problems and conflicts. These are complicated issues for we in Congress to deal with here in the United States. Yes, prejudice and hatred are evil and must be opposed, but it is absurd for us to try to solve these problems in countries overseas. [End Insert] The SPEAKER pro tempore. The question is on the motion offered by the gentleman from New Jersey (Mr. Smith) that the House suspend the rules and agree to the concurrent resolution, H . Con . Res . 49 . The question was taken. The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of those present have voted in the affirmative. Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the Chair’s prior announcement, further proceedings on this motion will be postponed.  

  • US SHDM Statement on Religious Freedom

    Freedom of thought, conscience, religion or belief is a cornerstone of OSCE commitments protecting human rights. The 1989 Vienna Concluding Document declared that participating States will "take effective measures to prevent and eliminate discrimination against individuals or communities on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, political, economic, social and cultural life, and to ensure the effective equality between believers and non-believers." The document went on to declare that participating States will "foster a climate of mutual tolerance and respect between believers of different communities as well as between believers and non-believers." Corporately, the participating States have agreed to a rich body of commitments meant to facilitate not frustrate the profession and practice of religion. In too many OSCE countries today, however, government officials use restrictive laws and ignore constitutional protections in such a way as to unjustifiably limit the practice of religion for members of many unpopular groups. The drafters of OSCE agreements on religious freedom evidently recognized the important role governments play in fostering a climate of tolerance in their societies. Government intolerance of religious groups, in most cases, will only lead to greater intolerance among their populace. One elementary responsibility of the state in this regard is non-discrimination towards individual members or groups. This issue was addressed at the ad hoc meeting hosted by the Dutch in the summer of 2001, which highlighted how, in the OSCE region, policies that favor certain religious groups tend to, as a corollary, penalize other religious groups by denying legal personality or equal status. By institutionalizing discriminatory policies toward a group, government actions can have the effect of stigmatizing certain religious communities. In some OSCE countries, this has taken the form of special lists, centers offering one-sided information or burdensome registration laws creating hurdles impossible to overcome. Such acts, especially by EU countries, are especially worrisome as many incoming EU countries are copying such acts and regulations, often without the long-standing democratic practices and protections to prevent discrimination or abuse. We urge countries that have hierarchical structures to examine their laws carefully to determine if they are unjustifiably restricting or penalizing those citizens who do not belong to these particular religious bodies.

  • H.R. 2620: Trafficking Victims Protection Reauthorization Act

    Mr. Speaker, today I am introducing the Trafficking Victims Protection Reauthorization Act of 2003, which is intended to improve the United States’ efforts in combating the scourge of human trafficking. I am very pleased to have Congressmen Lantos, Ranking Member of the International Relations Committee, Congressman Pitts and Congresswoman Slaughter, join me as original cosponsors. According to a recently released U.S. Government estimate, 800,000 to 900,000 women, children and men fall victim to international trafficking each year and end up prisoners of slavery-like practices in the commercial sex industry, domestic servitude, sweatshops, and agricultural farms, among other destinations. In October 2000, we adopted the Trafficking Victims Protection Act (TVPA), P.L. 106-386. As a result of that law, the U.S. Government allocated $68.2 million last year to combat trafficking in human beings. In the past two years, federal prosecutors initiated prosecutions of 79 traffickers--three times as many as in the two previous years. Nearly 400 survivors of trafficking in the United States have received assistance, facilitated by the Department of Health and Human Services, to begin recovering from their trauma and to rebuild their shattered lives. Thanks to the efforts of the State Department, USAID, and the spotlight put on the issue through the annual Trafficking in Persons Report, governments worldwide have also begun taking significant actions against human trafficking. Despite these substantive inroads, people continue to be bought and sold in modern day slavery. Victims continue to face obstacles in the process of securing needed assistance. We are not yet addressing trafficking in persons as an organized crime activity. We have not yet aggressively targeted sex tourism as a factor contributing to the demand for trafficked persons in prostitution, and more specialized research is needed. The Trafficking Victims Protection Reauthorization Act (TVPRA) would address these and other areas of concern, would authorize funding to continue our government’s efforts against trafficking, and would build upon the experience of implementing the TVPA to refine U.S. laws and practices to better fulfill the intent of that law. Specifically, the TVPRA would enhance the prevention of human trafficking by: Requiring that U.S. Government contracts relating to international affairs contain clauses authorizing termination by the United States if the contractor engages in human trafficking or procures commercial sexual services while the contract is in force; Promoting innovative trafficking prevention initiatives, such as border interdiction programs; Requiring airlines to inform passengers about U.S. laws against sex tourism. The TVPRA would enhance protections for trafficking victims by: Allowing Federal, State or local law enforcement authorities to certify, for the purpose of receiving benefits, that a victim of trafficking has cooperated in the investigation or prosecution of trafficking crimes; Allowing trafficking victims to sue their traffickers in U.S. courts; Eliminating the requirement that a victim of trafficking between the ages of 15 and 18 must cooperate with the investigation and prosecution of his or her trafficker in order to be eligible for a T-visa; Allowing benefits and services available to victims of trafficking to be available for their family members legally entitled to join them in United States; and Providing for the confidentiality of T-visa applications. The TVPRA would enhance prosecution of trafficking-related crimes by: Permitting federal anti-trafficking statutes to be used to prosecute acts of trafficking involving foreign commerce or occurring in the special maritime or territorial jurisdiction of the United States; Making human trafficking crimes predicate offenses for RICO charges; and Encouraging the use of International Law Enforcement Academies to train foreign law enforcement authorities, prosecutors and members of the judiciary regarding human trafficking. The TVPRA would improve the U.S. Government’s response to trafficking by: Encouraging critical research initiatives; Mandating a report on federal agencies’ implementation of the TVPA; Designating that the Director of the State Department Office to Monitor and Combat Trafficking shall have the rank of Ambassador-at-Large; and Prohibiting the use of funds to promote, support, or advocate the legalization or practice of prostitution. The TVPRA would reauthorize appropriations for each of FY 2004 and 2005: $4 million to the Interagency Task Force to Monitor and Combat Trafficking; $15 million to the Department of Health and Human Services; To the Secretary of State, $15 million for assistance for victims in other countries; $15 million for programs to improve law enforcement and prosecution; and $15 million for trafficking prevention initiatives; $300,000 to the Organization for Security and Cooperation in Europe for trafficking prevention and legal reform programs; $15 million to the Department of Justice for assistance to victims in the United States and $250,000 for anti-trafficking training activities at the International Law Enforcement Academies (ILEAs); $15 million to the President for foreign victim assistance (prevention activities); $15 million for assistance to foreign countries to meet the minimum standards to combat trafficking; $300,000 for research; and $250,000 for anti-trafficking training activities at the ILEAs; and $10 million to the Department of Labor. Mr. Speaker, the Trafficking Victims Protection Act of 2000 enjoyed broad, bi-partisan support in both Houses of Congress. We are making progress in our battle against modern day slavery, but clearly there is still much work to be done by government authorities, by civil society, by our faith communities, and by all men and women of good will. As lawmakers, we have the opportunity to make our contribution to this endeavor. I strongly urge my colleagues to support this commonsense reauthorization bill to support and enhance the good work which has been undertaken.

  • Certification of Assistance to Serbia

    Mr. Speaker, the U.S. Department of State last week made its determination to certify compliance by the Government of Serbia and Montenegro with the terms of section 578 of the Consolidated Appropriations Resolution (P.L. 108-7). This section conditions certain bilateral assistance to Serbia on progress in three areas, although by far the most critical being cooperation with the International Criminal Tribunal for the former Yugoslavia.   I agree with the Department’s assessment that progress has been made, especially since March. In particular, I welcomed action earlier this month by the Serbian authorities to apprehend Veselin Svjilancanin, indicted by the Tribunal for the 1991 massacre near Vukovar in Croatia. Although there was resistance, this action was a success and signaled what is perhaps a new determination by Belgrade to transfer all remaining indictees. Having been in Vukovar, along with my good friend and colleague Mr. Wolf, just before the city fell to Serb forces, I am glad to see all three indicted by the Tribunal for this crime will be tried in The Hague.   Nevertheless, Mr. Speaker, I am concerned that the Department’s determination was the wrong one to make. While progress has been made, it remains insufficient. Still at large and believed to have been in Serbia are several other persons, including Ratko Mladic and others, Ljubisa Beara, Vujadin Popovic, Ljubomir Borovcanin, Vinko Pandurevic and Drago Nikolic, indicted by the Tribunal for their connection to the1995 Srebrenica massacre in which thousands of innocent people were executed.   I am concerned, deeply concerned, that these individuals will continue to evade justice while officials in Belgrade may get the impression they have done enough. Clearly, they have not. Mr. Speaker, I would urge Serbian authorities to take the action necessary to remove "cooperation with the Tribunal" as an outstanding issue in our bilateral relationship. In doing so, they will also continue to help Serbia emerge from Slobodan Milosevic’s legacy of nationalist hatred.   In the meantime, Mr. Speaker, I also urge the State Department to use remaining levers to encourage not just better, but full, cooperation with the Tribunal, which Secretary Powell had assured Mr. Cardin and myself in correspondence was a position we all shared. The crimes which occurred were too severe and too horrendous to allow those responsible to escape justice.

  • Combating Torture and Assisting Victims of Torture

    Mr. President, I rise to address the barbaric practices that constitute torture as we mark the United Nations Day in Support of the Victims of Torture. Astonishingly, an estimated 500,000 victims of torture live in the United States today, including many in my home State of Colorado. The United States has provided vital leadership in the campaign to prevent torture around the world. The United States must not equivocate on this most basic of human rights. While the United States has consistently spoken out forcefully against the use of torture around the world, serious questions have been raised suggesting U.S. complicity in torture as part of the war against terrorism. This prompted me to join other members of the Helsinki Commission in writing to the White House recently urging an investigation of "serious allegations that the United States is using torture, both directly and indirectly, during interrogations of those suspected of terrorism." Against this backdrop, I urge the administration to issue a forthright statement on torture. In his State of the Union Address, President Bush described the horrific forms of torture employed by the Hussein regime and concluded, "If this is not evil, then evil has no meaning." Even as experts document the scope of torture in Iraq, there must be no doubt concerning U.S. policy and practice. As Cochairman of the Helsinki Commission, I am particularly concerned that torture remains a tolerated if not promoted practice by come countries, even within the membership of the 55-nation Organization for Security and Cooperation in Europe, OSCE. In some places, like Uzbekistan, members of the political opposition or religious minorities are especially likely to be the victims of torture. Tragically, two more people there have joined the long list of those who have died in custody amid credible allegations of abuse and torture, just weeks after the European Bank for Reconstruction and Development hosted a prestigious meeting in Tashkent, and days after the Secretary of State determined Uzbekistan is eligible for continued U.S. assistance. Moreover, the shortsighted practice of making martyrs out of Islamic extremists may have exactly the opposite effect the government claims to be seeking in its efforts to combat terrorism. In Georgia, torture and abuse comes hand in hand with police corruption. In the most recent State Department Country Report on human rights in Georgia, the Department stated: "[s]ecurity forces continued to torture, beat, and otherwise abuse detainees.... NGOs also blamed several deaths in custody on physical abuse, torture, or inhumane and life-threatening prison conditions." Even President Shevardnadze has, in the past, acknowledged the prevalence of abuse against detainees and prisoners. I welcome a new initiative of the OSCE Mission in Georgia to combat torture, but I would also note that antitorture initiatives have come and gone in Georgia with little to show for it. Without real political will, I am afraid this latest initiative may end up like the others. In Turkey--a country which has been given particular attention by the Helsinki Commission--even the doctors who treat the victims of torture have become targets themselves. Their offices have been raided, records seized, and even some doctors have been arrested and tortured. Moreover, the patients of these doctors, all of whom have already suffered at the hands of the authorities, have often been rearrested, retortured and recharged based on their testimonies given to the medical authorities. As a result of these practices, Turkey has been repeatedly sanctioned by the European Court of Human Rights. The Turkish nongovernmental organization, the Human Rights Foundation, appears to be making some headway in defending these doctors. Last year, Turkey's Grand National Assembly has passed significant legislation with severe penalties for those convicted of torture. A major effort still needs to be made to conform the application of the law in the regional courts of Turkey with the intent of the parliamentarians. The Helsinki Commission will continue to monitor developments in Turkey and the implementation of this law. In the 1999 OSCE Istanbul Charter, the participating States committed themselves to "eradicating torture and cruel, inhumane or degrading treatment or punishment throughout the OSCE area. To this end, we will promote legislation to provide procedural and substantive safeguards and remedies to combat these practices. We will assist victims and cooperate with relevant international organizations and nongovernmental organizations, as appropriate." Clearly a strategy to confront and combat torture must emphasize prevention of torture, prosecution of those who commit torture, and assistance for the victims of torture. As we mark the United Nations Day in Support of the Victims of Torture, I note the good work being done by the Rocky Mountain Survivors Center, located in Denver. The center is part of a nationwide network committed to assisting the victims of torture living in the United States.

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