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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  • Property Restitution in the Czech Republic

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When the actual return of property is not possible, these laws offer former owners the right to receive alternate compensation. Regrettably, Czech laws limit these rights to those who had Czechoslovak citizenship when the restitution law was adopted or who acquired citizenship before the deadline for filing restitution claims. As a result, former Czechoslovak citizens who fled to the United States seeking refuge from fascism or communism earlier this century, and are now American citizens, have been precluded from making restitution claims unless they renounce their American citizenship.   Ironically, had these same individuals fled to Canada, Israel, or any country other than the United States, they would not have lost their Czech citizenship and would today be eligible to receive restitution or compensation. This result stems from a treaty signed in 1928 by the United States and Czechoslovakia that automatically terminated a person's citizenship in the United States or Czechoslovakia if that person became a citizen of the other country. That treaty was terminated in 1997, but its impact remains: under Czech law, Czech Americans are not eligible for dual citizenship in the Czech Republic. Therefore, without abandoning the citizenship of the country that took them in during their time of need, the law denies them the right to receive restitution or compensation as others have. In other words, the citizenship requirement in the Czech property restitution laws discriminates against American citizens. Moreover, it is difficult for me to think that this discrimination was simply an unintended consequence.   In the 105th Congress, the House adopted my resolution, H. Res. 562, which urges the formerly totalitarian countries in Central and Eastern Europe to restore wrongfully confiscated properties, and specifically calls on the Czech Republic to eliminate this discriminatory citizenship restriction. In this regard, the resolution echoes the view of the United Nations Human Rights Committee (UNHRC) which has concluded in two cases that these citizenship restrictions violate the anti-discrimination clause (Art. 26) of the International Covenant on Civil and Political Rights. I recently learned that the UNHRC has agreed to hear at least four more cases that challenge these restrictions. The persuasiveness of the UNHRC's reasoning, when it determined that the citizenship restriction in the restitution law is discriminatory, was compelling. Unfortunately, the Czech Parliament last month debated and rejected a proposed amendment to the law that would have eliminated Czech citizenship as a condition for property restitution claims. This approach was widely considered the most effective remedy to a serious problem. In rejecting the amendment, the parliament missed an excellent opportunity to resolve this long-standing and contentious issue between the Czech Republic and the United States. While I deeply regret the parliament's decision, I hope that the Czech Government will now seek alternative means to end the discrimination against Czech Americans.   In January, several weeks before the parliament voted down the restitution amendment, Deputy Foreign Minister Martin Palous assured me that his government planned to propose a new citizenship law that would permit dual citizenship for Czech Americans. I was heartened to learn that last month the Czech Government introduced this amendment and it is my hope that its early passage will be followed by a reopening of the claims filing period for those individuals who, by virtue of acquiring dual citizenship, will become eligible for property restitution or compensation.   Another disturbing situation involves the case of restitution to the “double victims” in the Czech Republic: those individuals, primarily Jews, whose properties were confiscated during World War II by Nazis and then again by the communists that swept the region in the postwar era. One case, for example, is that of Susan Benda who is seeking compensation for an expropriated house in the town of Liberec where her father and his brother grew up. Susan's grandparents were killed by the Nazis and her father and uncle fled their homeland in 1939. The family home was “sold” in 1940 to a German company in a transaction subsequently invalidated by a 1945 Czech presidential decree. In 1994, the Czech Parliament expanded its earlier restitution law to allow individuals whose property was originally confiscated by Nazis between the years 1938-45 to join those whose property was taken by communists in claiming restitution. Under the amended laws, Susan Benda is theoretically eligible to receive restitution of, or compensation for, the home in Liberec. Notwithstanding the Czech Government's purported intention to restore Jewish property seized by the Nazis, However, the Czech Ministry of Finance has arbitrarily imposed additional onerous and burdensome conditions for restitution that do not appear in the law and which, in fact, appear designed to defeat the intent of the law. Beyond the citizenship requirement in the law, the Ministry of Finance has declared that claimants must prove that they were entitled to file a claim under a postwar 1946 restitution law, that they did file a claim, and that the claim was not satisfied. Remarkably, Susan Benda found a record in the Liberec town hall which establishes that her uncle returned to Czechoslovakia and filed a restitution claim in 1947. Next, the Finance Ministry requires claimants to prove that a court expressly rejected the postwar claim. In a country that has endured the political and social turmoil of the Czech Republic over the past half-century, the notion that claimants in the 1990s must prove, not only that a court considered a certain case more than fifty years ago, but also must produce a record of the court's decision in the case, is outrageous. Susan Benda was able to produce a claim of title showing that the house was stolen by the Nazis in 1940, confiscated by the communist Czech Government in 1953 and purchased from the Czech Government in 1992 by its current owner-occupant. While Susan cannot produce a document showing that the court actually considered, and then rejected, her uncle's postwar claim, the chain of title and the witness testimony confirm that the Benda family never got the house back, in itself simple, dramatic proof that the postwar claim was not satisfied. Apparently, however, this proof was not sufficient for the Czech authorities and Susan Benda was forced to sue the Ministry of Finance. Last September, more than three years after filing the claim, Susan Benda was vindicated when a Czech court agreed with her assertion that the Finance Ministry should not have attached the extralegal requirements for restitution. The court ordered the Finance Ministry to pay the Benda family compensation for the value of the expropriated house.   I wish Susan Benda's story could end here but it does not, the Czech Government has appealed the court decision apparently fearful that a precedent would be set for other claims, that is, out of a fear that property might actually be returned under this law. Thus, while the Czech Government proclaims its desire to address the wrongs of the past, those who, like Susan Benda, seek the return of wrongfully confiscated property are painfully aware that the reality is much different.   Another case that has come to my attention involves Peter Glaser's claim for a house in the town of Zatec. After the 1948 communist takeover in Czechoslovakia, Peter Glaser sought to immigrate to the United States. To obtain a passport, Mr. Glaser was forced to sign a statement renouncing any future claims to his home. In 1954, Mr. Glaser became an American citizen; in 1962, the communist Czech Government officially recorded the expropriation of Mr. Glaser's home in the land records. In 1982, the United States and Czechoslovakia signed an agreement that settled the property loss claims of all American citizens against Czechoslovakia. The U.S. Government agency charged with carrying out the settlement advised Mr. Glaser that, because he was a Czechoslovak citizen when his property was taken, according to the U.S. Government, this occurred in 1948 when Mr. Glaser was forced under duress to relinquish the rights to his house, he was not eligible to participate in the claims settlement program but must rather seek redress for his property loss under Czech laws. When the post-communist Czech Republic passed a property restitution law in 1991, Peter Glaser filed his claim. In a cruel irony, despite presenting documentation from the U.S. Government attesting to the fact that Mr. Glaser was not eligible to participate in the U.S.-Czechoslovakia claims settlement program, the Czech Courts have repeatedly rejected his claim on the grounds that he was an American citizen at the time his property was taken, which, according to the Czech Government, occurred in 1962. The Czech Government asserts that Mr. Glaser's claims were settled and should have been compensated under the 1982 agreement. In other words, the current Czech Government and courts have adopted the communist fiction that although Mr. Glaser's property was expropriated in 1948, somehow the confiscation did not count until 1962, when the communists got around to the nicety of recording the deed. This rationalization by Czech authorities looks like a back door attempt to avoid restitution. The reality of what happened to the property in Zatec is clear: Peter Glaser lost his home in 1948 when a totalitarian regime claimed the rights to his house in exchange for allowing him to leave the oppression and persecution of communist Czechoslovakia. As the Czech Government knows, communist expropriations, whether effectuated by sweeping land reform laws, as a condition or punishment for emigration, or under other circumstances, frequently went unrecorded in land registries, but that did not make the loss any less real for the victims. For the Czech Government today to cling to technicalities, such as the date the communists officially recorded their confiscation in the land registry, as a means to avoid returning Peter Glaser's home is a sobering indication of the Czech Government's true commitment to rectifying the wrongs of its communist past.   Mr. Speaker, the issue of property restitution is complex. No easy solutions exist to the many questions that restitution policies raise. Nonetheless, when a country chooses to institute a restitution or compensation program, international norms mandate that the process be just, fair and nondiscriminatory. The Czech Government has failed to live up to these standards in the cases I cited. The Czech Government must end the discrimination against Czech Americans in the restitution of private property. Moreover, the rule of law must be respected. I call on the Czech Government to reconsider its disposition in the Benda and Glaser cases. Czech officials often say that aggrieved property claimants can seek redress in the courts for unfavorable decisions. However, when claimants do just that, as did Peter Glaser and Susan Benda, the Czech Government asserts outrageous or technical defenses to thwart the rightful owner's claim or simply refuses to accept a decision in favor of the claimant. Fortunately, Mr. Glaser, Ms. Benda, and others like them, have pledged to fight on despite mounting costs and legal fees that they will never recoup. The passion and determination of Peter Glaser and Susan Benda, as of all victims of fascism and communism in Central and Eastern Europe, reveal that what may look to some as a battle for real estate is ultimately a search for justice and for peace with the past.

  • Democratic Processes in Slovakia

    Mr. Speaker, this week a distinguished delegation from the Slovak parliament visited Washington to meet with congressional leaders and other officials. I regret that, because of a hearing on urgent developments in Kosovo, I was unable to meet with them. Nevertheless, the occasion of their visit prompts me to reflect on some of the developments in Slovakia since the elections there on September 25 and 26, 1998. Since a new government was installed on October 30, there has been a sea change in Slovak political life. The very fact that a peaceful transition of power occurred is something we could not have taken for granted, given the increasingly authoritarian rule of Vladimir Meciar manifested by, for example, the refusal of the parliament he controlled to seat two duly elected members. Today, the situation is very different. The formation of a new government has included key changes that were much needed and will foster greater confidence in Slovakia's renewed process of democratization. In particular, the appointment of a new head of the intelligence service, the resolution of competing claims to the position of chief of the armed forces, and the selection of a new general prosecutor help address many of the concerns that arose during Meciar's tenure. The new government's efforts to hold previous officials accountable for their violations of the rule of law and manipulation of parliamentary and constitutional democracy is also a positive sign. During local elections in the fall, non-governmental monitors were permitted to observe the counting of the vote, further fostering public and international confidence in Slovakia's democratic structures. Direct presidential elections are scheduled to be held in May, which will fill a constitutional lacuna. The decision to permit, once again, the issuance of bi-lingual report cards restores common sense to the discussion of issues of concern to the Hungarian minority. The government's stated intent to address the concerns of the Romani minority, concerns which have led many Slovak Roma to seek asylum in other countries, is a welcome step in the right direction. In short, Mr. Speaker, the new government is Slovakia has already undertaken important steps towards fulfilling the promises made when communism collapsed. Slovakia is now at a critical juncture, having succeeded by a slim electoral margin in peacefully removing Vladimir Meciar after 4 years of increasing authoritarian rule. The new government must struggle to restore Slovakia's good name, repair the economy, and get Slovakia back on track for NATO and EU membership. If Slovakia is to succeed in this effort, it is critical that the current coalition hold together long enough to implement real reforms. As it seeks to do so, the new government will be aided by a wellspring of credibility with the internationally community and certainly in Washington, where as the Meciar government, in the end, had none. That wellspring of credibility, however, is not bottomless and time is truly of the essence in Slovakia's reform process. I hope all of the parties participating in the ruling coalition will quickly address some of the issues that have been of special concern to the international community, including the adoption in the first half of this year of a minority language law. Such a step would be a concrete demonstration of the differences between this government and the last. Mr. Speaker, I wish this new coalition government of Slovakia every success in their resolve to make lasting reforms.

  • The Serbia and Montenegro Democracy Act of 1999

    Mr. Speaker, today I am introducing the Serbia and Montenegro Democracy Act of 1999, a bill which will target much needed assistance to democratic groups in Serbia and Montenegro. I am joined by Representatives Ben Gilman, Steny Hoyer, John Porter, Dan Burton, Eliot Engel, Dana Rohrabacher, Louise Slaughter and Jim Moran, all strong promoters of human rights worldwide and the original cosponsors of this Act. It is fitting that this important piece of legislation be introduced today, as a high-level envoy for the United States is in Belgrade to seek the blessing of Yugoslav President Slobodan Milosevic for a political settlement which hopefully will restore peace to the troubled region of Kosovo. We are dealing directly with the man most responsible for the conflict in Kosovo, not to mention Bosnia and Croatia. Milosevic has maintained his power from within Serbia throughout the 1990s at the cost of 300,000 lives and the displacement of 3 million people. He has relied on virulent Serbian nationalism to instigate conflict which will divide the people of the region for decades. The most fundamental flaw in U.S. policy toward the region is that it relies on getting Milosevic's agreement, when Milosevic simply should be forced to stop his assaults on innocent civilians. It relies on Milosevic's dictatorial powers to implement an agreement, undermining support for democratic alternatives. In short, U.S. policy perpetuates Milosevic's rule and ensures that more trouble will come to the Balkans. There can be no long-term stability in the Balkans without a democratic Serbia. Moreover, we need to be clear that the people of Serbia deserve the same rights and freedoms which other people in Europe enjoy today. They also deserve greater prosperity. Milosevic and his criminal thugs deny the same Serbian people they claim to defend these very rights, freedoms and economic opportunities. Independent media is repeatedly harassed, fined and sometimes just closed down. University professors are forced to take a ridiculous loyalty oath or are replaced by know-nothing party hacks. The regime goes after the political leadership of Montenegro, which is federated with Serbia in a new Yugoslav state but is undergoing democratic change itself. The regime goes after the successful Serb-American pharmaceutical executive Milan Panic, seizing his company's assets in Serbia to intimidate a potentially serious political rival and get its hands on the hard currency it desperately needs to sustain itself. The regime also goes after young students, like Boris Karajcic, who was beaten on the streets of Belgrade for his public advocacy of academic freedom and social tolerance. Building a democracy in Serbia will be difficult, and it is largely in the hands of those democratic forces within Serbia to do the job. However, given how the regime has stacked the situation against them, through endless propaganda, harassment and violence, they need help. This Act intends to do just that. It would allocate $41 million in various sectors of Serbian society where democratic forces can be strengthened, and to encourage further strengthening of these forces in neighboring Montenegro. It would ensure that this funding will, in fact, go to these areas, in contrast to the Administration's budget request which indicates that much of this funding could be siphoned off to implement a peace agreement in Kosovo. Another $350,000 would go to the Organization for Security and Cooperation in Europe and its Parliamentary Assembly, which could provide assistance on a multilateral basis and demonstrate that Serbia can rejoin Europe, through the OSCE, once it moves in a democratic direction and ends its instigation of conflict. This Act also states what policy toward Serbia and Montenegro must be: to promote the development of democracy and to support those who are committed to the building of democratic institutions, defending human rights, promoting rule of law and fostering tolerance in society. This funding, authorized by the Support for East European Democracy Act of 1989, represents a tremendous increase for building democratic institutions in Serbia and Montenegro. This fiscal year, an anticipated $25 million will be spent, but most of that is going to Kosovo. The President's budget request for the next fiscal year is a welcome $55 million, but, with international attention focused on Kosovo, too much of that will likely go toward implementing a peace agreement. Make no mistake, I support strongly assistance for Kosovo. I simply view it as a mistake to get that assistance by diverting it from Serbia and Montenegro. We have spent billions of dollars in Bosnia and will likely spend at least hundreds of millions more in Kosovo, cleaning up the messes Milosevic has made. The least we can do is invest in democracy in Serbia, which can stop Milosevic from making more problems in the future. Building democracy in Serbia will be difficult, given all of the harm Milosevic has done to Serbian society. The opposition has traditionally been weak and divided, and sometimes compromised by Milosevic's political maneuvering. There are signs, however, the new Alliance for Change could make a difference, and there certainly is substantial social unrest in Serbia from which opposition can gain support. In addition, there are very good people working in human rights organizations, and very capable independent journalists and editors. The independent labor movement has serious potential to gain support, and the student and academic communities are organized to defend the integrity of the universities. Simply demonstrating our real support for the democratic movement in Serbia could convince more people to become involved. Finally, Montenegro's democratic changes in the last year place that republic in a difficult position. A federation in which one republic is becoming more free and open while the other, much larger republic remains repressive and controls federal institutions cannot last for long, yet Montenegrins know they could be the next victims of Milosevic. It would be a mistake to leave those building a democracy in Montenegro out on that limb. They need our support as well. In conclusion, Mr. Speaker, I am today introducing the Serbia and Democracy Act of 1999 because I feel our country's policy in the Balkans has all too long been based on false assumptions about the region. Granted, social tensions, primarily based on ethnic issues, were bound to have plagued the former Yugoslavia, but it is an absolute fact that violence could have been avoided if Slobodan Milosevic did not play on those tensions to enhance his power. As we prepare to debate the sending of American forces to Kosovo to keep a peace which does not yet exist, we must address the root cause of the conflict in the former Yugoslavia from 1991 to today. This Act, Mr. Speaker, does just that, and I urge my colleagues to support its swift and overwhelming passage by the House. The Senate is working on similar legislation, and hopefully the Congress can help put U.S. policy back on the right track.

  • Bosnia, Croatia, Macedonia and Serbia: Electoral and Political Outlook for 1999

    Robert Hand, policy advisor at the Commission, led a discussion regarding Bosnia and its different regions. He spoke of the situation in Bosnia in 1998 and the power of ethnically-based political parties, retained through nationalism, corruption, and control of the media. Reconstruction in Bosnia is poor due to poor economic conditions and the continued displacement of certain populations.  The witnesses - Luke Zahner, Candace Lekic, Jessica White, Roland de Rosier, Kathryn Bomberger, Brian Marshall – have served in regions all over Bosnia and gave valuable input on the differences between regions and their rehabilitations processes after the Dayton Accords. They also spoke of the influence of Republika Srpska and the Bosnian Federation on said regions.  Paying attention to these differences, the state, is important in that the United States wants to support only those that successfully implement the Dayton Accords. 

  • Legal Status of Religious Groups in the US (1999)

    The United States does not require religious groups to register with the government in order to organize, meet, collect funds, or claim federal tax-exempt status. Such a registration requirement would violate a core freedom guaranteed by the United States Constitution. This overview identifies the underpinnings of this freedom, including a discussion of the United States Constitution's religion and speech clauses. Following this discussion, the issues of association, legal status and tax exemption are addressed. Foundational to civil liberties inthe United States is the principle that government was created by and exists at the will of the people. Governmental power is a limited power conferred to the government by the people. In the United States, the fundamental rights of the individual are paramount and they may only be abrogated by the government under very limited and defined circumstances. Freedom of religion is a fundamental,  natural, and absolute right, deeply rooted in the American constitutional system. Available to all, citizen and non-citizen, the free exercise of religion includes the tight to believe and profess whatever religious belief one desires. Government officials may not compel any person to affirm a religious belief or punish the expression of religious doctrine deemed by officials to be false. The individual's freedom of conscience embraces the right to select any religious faith or none at all. This fundamental right was established by the First Amendment to the United States Constitution, the first of the original Bill of Rights. Specifically, the First Amendment to the Constitution of the United States forbids the government to make any law respecting an establishment of religion or prohibiting the free exercise of religion. While originally an inhibition to action by the United States Congress only, the First Amendment has been made applicable to the individual state governments, as well, through the passage of the Fourteenth Amendment to the Constitution.The First Amendment guarantees that the government may not coerce anyone to support or participate in religion, or otherwise act in a way which establishes a state religion. This constitutional constraint on the government's ability to enact legislation regarding religion has two primary aspects. First, the government is prevented fromenacting a law that requires citizens to accept a particular religious belief. Second, this constitutional provision safeguards the free exercise of each person.'s chosen for of religion. These two interrelated concepts are known, respectively, as the "establishment" and "free exercise" clauses. A Russian translation of the text is available here.

  • The Ombudsman in the OSCE: An American Perspective

    This briefing assessed the role of ombudsmen institutions in the countries of the Organization for Security and Cooperation in Europe from an American perspective. The ombudsman institution was described as a flexible institution; adaptable to national and local government structures in a wide variety of countries, and a brief evaluation of the evolution of this institution was presented. Dean M. Gottehrer, a consultant on ombudsmen in human rights institutions for the United Nations Development Program, Office for Democratic Institutions and Human Rights of the OSCE, and the United States Information Agency, presented a personal analysis of the role of ombudsmen institutions in protecting human rights in OSCE participating states.

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