Title

Helsinki Commission Chair: Serbia Legislation an Historic Step

Monday, February 15, 2016

Newly-passed legislation in the Serbian parliament that offers compensation for heirless Jewish property seized during and after the Holocaust was called “historic” by Congressman Chris Smith (NJ-04), chairman of the Commission on Security and Cooperation in Europe (CSCE), also known as the Helsinki Commission.

“As a long-time advocate of restitution for Jewish property stolen around the Holocaust, I applaud Serbia’s leadership in passing this historic legislation,” said Smith. “When there are no heirs, restitution should go to the Jewish community, especially to Holocaust survivors and their heirs. It is the least that can be done after the atrocities of the Holocaust.”

Rep. Smith joined his fellow Co-Chairs of the Bipartisan Task Force for Combatting Anti-Semitism, and other Members of Congress, on a February 2 letter to Serbian Prime Minister Aleksandar Vučić, encouraging him to ensure that the law would be passed.

Rep. Smith has a long record as a congressional leader in the fight against anti-Semitism. He authored the provisions of the Global Anti-Semitism Review Act of 2004 that created the Office to Monitor and Combat Anti-Semitism within the U.S. State Department.  Following his 2002 landmark hearing “Escalating Anti-Semitic Violence in Europe,” he led a congressional drive to place the issue of combating anti-Semitism at the top of the Organization for Security and Cooperation in Europe (OSCE) agenda, as a result of which in 2004 the OSCE adopted new norms for its participating States on fighting anti-Semitism.

In the 1990s, he chaired Congress’s first hearings on anti-Semitism and in the early 1980s, his first trips abroad as a member of Congress were to the former Soviet Union, where he fought for the release of Jewish “refuseniks.” Smith has held numerous congressional hearing on anti-Semitism and other human rights issues. In 2015, he chaired a hearing entitled, “After Paris and Copenhagen: Responding to the Rising Tide of Anti-Semitism.”

Media contact: 
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Stacy Hope
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csce[dot]press[at]mail[dot]house[dot]gov
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  • Screening and Discussion: "And We Were Germans"

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  • A Call for Action against Anti-Semitism in Europe

    By Erika Schlager, Counsel for International Law, and Mischa Thompson, Senior Policy Advisor In commemoration of International Holocaust Remembrance Day, the OSCE Italian Chairmanship hosted an “International Conference on the Responsibility of States, Institutions, and Individuals in the Fight against Anti-Semitism in the OSCE Area” on January 29, 2018. More than 300 government officials and civil society leaders participated in the event, including ten cabinet-level Ministers from OSCE participating States. Ambassador Michael Kozak of the Department of State Bureau of Democracy, Human Rights, and Labor, represented the United States.  Reflecting the Chairmanship’s strong commitment to addressing anti-Semitism, the conference was held during the 80th anniversary of Italy’s adoption of the Italian Racial Laws, which restricted the rights of Italian Jews and the native inhabitants of the colonies. Conference participants raised concerns about the increasing power of anti-Semitic and xenophobic parties in France, Austria, Hungary, and Germany; anti-Semitic marches in Poland, Sweden, and the United States; and the safety and future of Jewish communities in Europe.  Several speakers voiced alarm regarding the a law passed in the Polish parliament on the eve of the conference, which is ostensibly intended to ensure accuracy when ascribing responsibility for the genocide perpetrated by Nazi Germany, particularly at death camps in German-occupied Poland. Critics argue that the bill will criminalize scholarship, journalism, and even first-hand observations regarding wartime crimes committed by Poles.  “Holocaust denial,” observed one participant, “should not be a state policy.” Ministers from a number of countries cited the importance of speaking out against anti-Semitism. They also stressed the value of using the expertise of the OSCE Chair-in-Office Personal Representatives and OSCE Office for Democratic Institutions and Human Rights’ tools on hate crimes, Jewish community security, tolerance and Holocaust education, and civil society capacity and coalition building. Several government representatives commented on their respective countries’ use of the International Holocaust Remembrance Alliance’s working definition of anti-Semitism as a useful guide for participating States and civil society to expand efforts to address rising intolerance. Non-governmental participants emphasized the important role of policymakers and government officials in speaking out against hate crimes and drafting and implementing laws to ensure that Jewish communities can live and worship in safety. Ensuring that individuals can practice the central tenets of their faith, from circumcision to kosher food preparation, without government impediments is central to freedom of worship.   Civil society groups, as well as representatives from Facebook and Google, discussed initiatives to address hate online, including the role of internet service providers in removing content that may violate terms of service or violate the law. Of particular concern were disinformation campaigns on social media that promulgate negative stereotypes about Jews and may foster prejudice. One speaker described the “Protocols of the Elders of Zion” as an early exemplar of “fake news,” and others stressed the importance of counter-narratives to address particularly problematic stereotypes and falsehoods. While artificial intelligence may have a future role in addressing content that may be legal but is still harmful, current technology does not provide solutions. A discussion of efforts targeting youth through education and sports featured Israeli Olympian Shaul Landansky and focused on the creation of environments in which anti-prejudice and anti-discrimination tools could be utilized, and at the same time bring diverse communities together. Such initiatives have the potential to broaden coalitions to address anti-Semitism and other forms of hatred.  OSCE Chair and Foreign Minister Angelino Alfano called for the OSCE to convene an annual anti-Semitism conference to commemorate International Holocaust Remembrance Day, and ensure a sustained focus on addressing anti-Semitism in the OSCE region. Slovakia, as the OSCE Chair-in-Office for 2019, has agreed to hold an anti-Semitism conference next January. Prior to the opening of the Chairmanship conference, Pope Francis granted an audience to delegates and speakers, citing the importance of “educat[ing] young generations to become actively involved in the struggle against hatred and discrimination.” His point was reiterated later in the day at the conference by young leader Alina Bricman of the European Union of Jewish students, who cited “treasuring inclusive societies” and “empowering youth to shape their communities” as key to a shared future. Members of the Helsinki Commission have long advanced solutions to address anti-Semitism. Ranking Commissioner Senator Ben Cardin serves as the OSCE Parliamentary Assembly’s first Special Representative on Anti-Semitism, Racism, and Intolerance.  "The growth in anti-Semitic and xenophobic political parties across Europe and North America that foster an environment of hate increase the urgency of this conference,” said Senator Cardin. “Acknowledging our common history of the Holocaust is essential but more must be done. It’s incumbent upon all civilized people to ensure that tools are in place to counter a resurgence of the fear and hate mongering — whether directed at old targets or new—that led to those tragic events in the first place." “I am deeply disappointed that on the eve of this conference the Polish parliament passed a law that may impede research, scholarship, journalism—even personal reflections—on the Holocaust subject to criminal penalties. While the stated purpose of this law is to improve more accurate statements about the Holocaust,  this is the wrong way to achieve that goal,” he said.

  • Chairman Wicker and Rep. Engel Nominate Natasa Kandic and the Humanitarian Law Center for the 2018 Nobel Peace Prize

    WASHINGTON—Helsinki Commission  Chairman Sen. Roger Wicker (MS) and Rep. Eliot Engel (NY-16), the Ranking Member of the House Committee on Foreign Affairs, today nominated Nataša Kandić and the Humanitarian Law Center for the 2018 Nobel Peace Prize. Ms. Kandić founded the Humanitarian Law Center (Fond za humanitarno pravo) in Belgrade in 1992 to document egregious human rights violations committed during the conflicts associated with the breakup of the former Yugoslavia. More than 25 years later, the Humanitarian Law Center continues to fight for justice for victims of war crimes and to battle the extreme nationalism and strained ethnic tensions that linger in the Western Balkans. The nomination by Chairman Wicker and Rep. Engel reads in part: “The thorough documentation of these crimes by the Center became essential for the provision of justice, both at the International Criminal Tribunal for the former Yugoslavia, which concluded its work at the end of 2017, and in the national war crimes chambers in the countries of the region. Principal perpetrators, including political and military leaders, were held internationally accountable for the first time since the Second World War. Surviving victims, and the traumatized communities in which they lived, were given a chance to find closure and to rebuild. The countries of the region have been encouraged to adhere to the rule of law and to accept the legacy of a horrific past… “As members of the U.S. Congress, we helped shape the international response to the conflicts which erupted in the Western Balkans and we continue to support and encourage post-conflict recovery in the countries of the region. We can think of no person or organization more deserving of the Nobel Peace Prize than Nataša Kandić and the Humanitarian Law Center and are confident that such recognition would further the cause of peace and reconciliation in this and other troubled regions of our world.” The full text of the nomination letter to the Norwegian Nobel Committee can be found below: The Norwegian Nobel Committee Henrik Ibsens gate 51 0255 Oslo, NORWAY Dear Nobel Committee Members: We write to nominate Nataša Kandić and the Humanitarian Law Center for the Nobel Peace Prize of 2018. Ms. Kandic and the Center are based in Belgrade, Serbia. In 1992, Nataša Kandić founded the Humanitarian Law Center (Fond za humanitarno pravo) to document egregious human rights violations committed during the conflicts associated with the former Yugoslavia’s demise. Of particular importance were the conflicts in Croatia (1991 and 1995), in Bosnia and Herzegovina (1992 to 1995), and in Kosovo (1998 and 1999). These human rights violations came to be viewed as war crimes, crimes against humanity, and even genocide. The gruesome ethnic cleansing campaigns of which they were a part led directly to deaths of more than 100,000 people, the rape and torture of tens of thousands more, and the displacement of millions. The thorough documentation of these crimes by the Center became essential for the provision of justice, both at the International Criminal Tribunal for the former Yugoslavia, which concluded its work at the end of 2017, and in the national war crimes chambers in the countries of the region. Principal perpetrators, including political and military leaders, were held internationally accountable for the first time since the Second World War. Surviving victims, and the traumatized communities in which they lived, were given a chance to find closure and to rebuild. The countries of the region have been encouraged to adhere to the rule of law and to accept the legacy of a horrific past. The Center continued its work throughout the conflicts and in a hostile environment for human rights advocacy. Far too many in Serbia have sought to deny abhorrent crimes or to justify them by demonizing the victims; many more remained silent as ethnic cleansing proceeded unchecked. In contrast, under Kandić’s leadership the Center spoke publicly against acts of aggression, reported on atrocities committed, and rejected the hatred upon which they were based. Although impossible to measure, we can safely assume that the Center’s efforts deterred additional human rights violations. Today, Nataša Kandić remains an inspiration to a new generation of dedicated young professionals who now lead the Humanitarian Law Center as it exposes those who have evaded justice and takes on the extreme nationalism and strained ethnic tensions that linger in the Western Balkans. As members of the U.S. Congress, we helped shape the international response to the conflicts which erupted in the Western Balkans and we continue to support and encourage post-conflict recovery in the countries of the region. We can think of no person or organization more deserving of the Nobel Peace Prize than Nataša Kandić and the Humanitarian Law Center and are confident that such recognition would further the cause of peace and reconciliation in this and other troubled regions of our world. Thank you for considering this nomination. Sincerely, Roger F. Wicker                                                                                      U.S. Senator                                                                                           Chairman, Commission on Security and Cooperation in Europe                                                            Eliot L. Engel U.S. Representative Ranking Member, Committee on Foreign Affairs

  • Foreign Meddling in the Western Balkans

    Malign outside influence in the Western Balkans, in particular by Russia, is of increasing concern. The lack of a strong legal framework makes countries in the region especially vulnerable to foreign capital that can be used to sow instability, undermine integration, and delay democratic development. In the past decade, Russia has exponentially increased its economic investment in Balkan countries.  Without adequate governance and transparency, so-called “corrosive capital” will wield its financial power to distort policy making, lessen the European focus of the countries concerned, and potentially cause instability in the region. The Center for International Private Enterprise (CIPE) has worked with local private and civil society partners to analyze the economic governance gaps that allow “corrosive capital” to gain a foothold in Bosnia and Herzegovina, Macedonia, Montenegro, and Serbia. According to panelists, Russia’s economic footprint is most obvious in key strategic sectors, including real estate, banking, energy, and mining.  Russian foreign direct investment stock is close to 30 percent of Montenegro’s GDP and it exerts both direct and indirect control of approximately 10 percent of the economy of Serbia. The dependency of Balkan countries on Russian imports and financial loans is also a prevalent form of indirect power. As a result, when Montenegro joined NATO in 2017, the Russian Foreign Minister announced that Montenegro had sacrificed its economic relations with Russia. Russia further sanctioned Montenegro by discouraging travel to the country by Russian tourists, characterizing it as a dangerous place.  Although the anti-NATO campaign has not succeeded, it did indicate Russian intentions as well as local vulnerability to outside influence.  The economic presence of outside actors other than Russia was also discussed.  In general, the panelists emphasized the need to diversify foreign direct investment and reduce reliance on capital from non-democratic countries. Transparency in foreign investment and a depoliticization of corporate governance is also necessary. A free, independent and diverse media also will help ensure greater accountability in both the political and economic sectors. Helsinki Commission activity regarding the Western Balkans reflects ongoing concern for the countries of the region. With several Balkan states on the cusp of NATO and EU membership, it is particularly important for these countries to strive for greater democratic development and economic prosperity. The United States has played a significant role in the region, providing political, economic and military support.  If not seen through to completion of NATO or EU membership as desired, these states face the continued risk of backsliding.

  • Helsinki Commission Briefing to Assess Foreign Economic Influence in the Western Balkans

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: FOREIGN MEDDLING IN THE WESTERN BALKANS: GUARDING AGAINST ECONOMIC VULNERABILITIES Tuesday, January 30, 2018 10:00 AM Russell Senate Office Building Room 385 Live Webcast: www.facebook.com/HelsinkiCommission Malign outside influence in the Western Balkans, in particular by Russia, is of increasing concern. The lack of a strong legal framework makes countries in the region especially vulnerable to foreign capital that can be used to sow instability, undermine integration, and delay democratic development.  The Center for International Private Enterprise (CIPE) has worked with local private and civil society partners to analyze the economic governance gaps that allow so-called “corrosive capital” to gain a foothold in Bosnia and Herzegovina, Macedonia, Montenegro, and Serbia. These partners will discuss the effect of specific gaps, as well as the need for further market-oriented reforms. Participants will also explore how the United States and Europe can help boost economic resiliency, encourage good governance, and protect democracy in the Western Balkans. Panelists scheduled to participate include: Ruslan Stefanov, Director, Bulgarian Center for Study of Democracy Milica Kovačević, President, Montenegrin Center for Democratic Transition Nemanja Todorović Štiplija, Founder and Editor in Chief, “European Western Balkans” media outlet Dimitar Bechev, Research Fellow, Center for Slavic, Eurasian, and East European Studies, University of North Carolina – Chapel Hill Andrew Wilson, Managing Director, Center for International Private Enterprise  

  • The International Tribunal and Beyond: Pursuing Justice for Atrocities in the Western Balkans

    Between 1991 and 2001 the Socialist Federal Republic of Yugoslavia, made up of six republics, was broken apart by a series of brutal armed conflicts. The conflicts were characterized by widespread and flagrant violations of international humanitarian law, among them mass killings of civilians, the massive, organized and systematic detention and rape of women, torture, and practices of ethnic cleansing, including forced displacement. In 1992 the U.N. established a Commission of Experts that documented the horrific crimes on the ground and led to the 1993 creation of the International Criminal Tribunal for the former Yugoslavia (ICTY). This month, after more than two decades of persistent, ground-breaking efforts to prosecute the individuals responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia, the ICTY is concluding its work. As it prepares to close its doors, this briefing will assess the tribunal’s achievements and limitations, and most importantly, what still needs to be done by the countries of the region to seek justice in outstanding cases, bring greater closure to victims, and foster greater reconciliation among peoples. Panelists discussed these questions and suggested ways that the United States, Europe, and the international community as a whole can encourage the further pursuit of justice in the Western Balkans.

  • Helsinki Commission, Tom Lantos Human Rights Commission Announce Briefing on Justice in Western Balkans and Closing of International Tribunal

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the Tom Lantos Human Rights Commission (TLHRC) today announced the following briefing: THE INTERNATIONAL TRIBUNAL AND BEYOND: PURSUING JUSTICE FOR ATROCITIES IN THE WESTERN BALKANS Tuesday, December 12, 2017 10:00 AM - 11:30 PM Rayburn House Office Building Room 2255 Live Webcast: www.facebook.com/HelsinkiCommission Between 1991 and 2001 the Socialist Federal Republic of Yugoslavia, made up of six republics, was broken apart by a series of brutal armed conflicts. The conflicts were characterized by widespread and flagrant violations of international humanitarian law, among them mass killings of civilians, the massive, organized and systematic detention and rape of women, torture, and practices of ethnic cleansing, including forced displacement. In 1992 the U.N. established a Commission of Experts that documented the horrific crimes on the ground and led to the 1993 creation of the International Criminal Tribunal for the former Yugoslavia (ICTY). This month, after more than two decades of persistent, ground-breaking efforts to prosecute the individuals responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia, the ICTY is concluding its work. As it prepares to close its doors, this briefing will assess the tribunal’s achievements and limitations, and most importantly, what still needs to be done by the countries of the region to seek justice in outstanding cases, bring greater closure to victims, and foster greater reconciliation among peoples. Panelists will discuss these questions and suggest ways that the United States, Europe, and the international community as a whole can encourage the further pursuit of justice in the Western Balkans.  Panelists: Serge Brammertz, Chief Prosecutor, International Criminal Tribunal for the former Yugoslavia Nemanja Stjepanovic, Member of the Executive Board, Humanitarian Law Center (from Belgrade, Serbia, live via video) Diane Orentlicher, Professor of Law, Washington College of Law, American University Additional panelists may be added.  

  • The Western Balkans: Perspectives from OSCE Field Missions

    Since the outbreak of the conflicts associated with Yugoslavia’s break-up in the early 1990s, the Organization for Security and Cooperation in Europe (OSCE) and its field missions have been a central part of the international community’s response. Early OSCE efforts to counter the spillover effects of those conflicts were followed by ongoing assistance in post-conflict recovery and reconciliation. Today, OSCE field missions continue to exist in virtually every country of the region. They encourage the reform and cooperation essential to the long-term stability of the region through activities that broadly support democratic institutions and governance, particularly to strengthen rule of law; programs to promote integration of minority communities, especially Roma, and to counter violent extremism, and more; and regular reporting to the OSCE Secretariat and participating States. On November 1, 2017 the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) held a public briefing on OSCE field missions in the Western Balkans. Jeff Goldstein, the current Deputy Head of the OSCE Mission to Skopje, began by noting positive developments in Macedonia, including increased political participation in recent elections, and efforts by some parties to reach across ethnic lines. The increase in voter turnout, he said, “speaks to the fact that the citizens of the country both cared about politics and had faith that the democratic process could actually bring positive change to their lives.” He also highlighted the OSCE’s efforts to encourage the peaceful resolution of last winter’s political crisis, and discussed the Mission’s current focus on reforms in areas including the rule of law, freedom of the media, increasing the role of parliament, and further implementation of the Ohrid Framework Agreement. Ambassador Jonathan Moore, former Head of the OSCE Mission to Bosnia and Herzegovina, described the Mission’s in engagement with issues of education, rule of law, and countering violent extremism at a local level, and its policy of maintaining “credibility with everyone, presence everywhere, access to everyone, engagement with everyone.” To illustrate the success of the Mission’s local engagement, he discussed its work with a grassroots student movement to oppose the reintroduction of ethnically segregated schools in the town of Jajce. Amb. Moore was clear that the role of the Mission is to assist such organic developments and that, “the ultimate credit goes, of course, to the students themselves, who showed incredible tolerance, maturity, and commitment to a common future.” Michael Uyehara, former Deputy Head of the OSCE Mission to Serbia, highlighted the Mission’s “Follow Us” initiative, a program that brings together young women and female parliamentarians from Belgrade and Pristina in dialogue about their common issues. The initiative also commissioned a documentary about their conversation, which has been screened several times for audiences in Serbia and Kosovo. He also remarked on the enthusiasm of the local staff, who “believe in the OSCE Mission’s work and are deeply committed to the Mission’s objective of helping Serbia to advance politically and to overcome the legacy of the past.” Ambassador Marcel Peško, the current Director of the Conflict Prevention Centre in the OSCE Secretariat, discussed the OSCE’s capacity building efforts in the Balkans. Noting the difficult geopolitical environment in which OSCE activity takes place, he stressed the need to work with host governments to assist their reform agendas, and “to strengthen the resilience of government structures and the civil society to be able to address and cope with the challenges that are there in front of them.”

  • Helsinki Commission Announces Briefing on OSCE Field Missions in the Western Balkans

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “THE WESTERN BALKANS: PERSPECTIVES FROM OSCE FIELD MISSIONS” Wednesday, November 1, 2017 10:00 AM Senate Visitors Center Room 202 Live Webcast: www.facebook.com/HelsinkiCommission Since the outbreak of the conflicts associated with Yugoslavia’s break-up in the early 1990s, the Organization for Security and Cooperation in Europe (OSCE) and its field missions have been a central part of the international community’s response. Early OSCE efforts to counter the spillover effects of those conflicts were followed by ongoing assistance in post-conflict recovery and reconciliation. Today, OSCE field missions continue to exist in virtually every country of the region. They encourage the reform and cooperation essential to the long-term stability of the region through activities that broadly support democratic institutions and governance, particularly to strengthen rule of law; programs to promote integration of minority communities, especially Roma, and to counter violent extremism, and more; and regular reporting to the OSCE Secretariat and participating States. The briefing features three Americans who currently hold, or have recently held, senior positions on the OSCE Missions deployed in Bosnia and Herzegovina, Macedonia, and Serbia, reflecting the importance which the United States attaches to having an OSCE presence in countries of concern.  Panelists will comment on developments in those countries during their assignment, the efforts undertaken by their respective missions to assist those countries, and the effectiveness of the OSCE as a multilateral tool for enhancing stability and promoting reform.  An OSCE official will also participate on the panel to comment on the organization’s field work from the Secretariat perspective, and the challenges not only to OSCE field activity in the Western Balkans but throughout the OSCE region. The following experts are scheduled to participate: Ambassador Jonathan Moore, former Head of the OSCE Mission to Bosnia and Herzegovina (2014-2017) Mr. Jeff Goldstein, Deputy Head of the OSCE Mission to Skopje (2016-present) Mr. Michael Uyehara, former Deputy Head of the OSCE Mission to Serbia (2014-2017) Ambassador Marcel Peško, Director of the Conflict Prevention Centre, OSCE Secretariat (2015 – present)

  • The Rule of Law: Justice for the Bytyqi Brothers

    By Robert Hand, Policy Advisor From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. OSCE commitments recognize that adherence to the rule of law is essential to democratic governance and to ensuring respect for human rights and fundamental freedoms. They also emphasize the importance of providing justice in cases of criminal acts which egregiously violate human rights and fundamental freedoms. Justice not only punishes the perpetrator of the crime; it also brings closure to the victim or surviving family and friends, and it allows the society in which it took place to move forward. The Murder of the Bytyqi Brothers Ylli, Agron, and Mehmet Bytyqi were all United States citizens, born near Chicago, Illinois, to ethnic Albanian parents from Kosovo.  (Previously an autonomous province of Serbia within the former Yugoslavia, Kosovo has been an independent state since 2008.) The three brothers, all in their 20s, responded to the brutality of the 1999 Kosovo conflict by joining the so-called “Atlantic Brigade” of the Kosovo Liberation Army.  Hostilities ceased in June of that year, following a NATO air campaign designed to stop Serbian forces from repressing the local population and committing atrocities.  About two weeks later, the Bytyqi brothers agreed to escort an ethnic Romani family, who had been neighbors of the Bytyqi family in Kosovo, to a place of greater safety.  Dressed in plain clothes and unarmed, the brothers accidently strayed across an unmarked administrative border and were arrested by the Serbian police.  They were jailed for two weeks for illegally entering the country.  Rather than being released, Ylli, Agron, and Mehmet Bytyqi were instead placed in the custody of a special operations unit of the Serbian Ministry of Internal Affairs and taken to a training facility where all three were murdered.  Two years later, their bodies were found with hands bound and gunshot wounds to the back of their heads, buried atop an earlier mass grave of approximately 70 murdered Kosovo civilians. Justice Denied While an investigation reportedly continues, no individual has been found guilty – or even charged – for the murder of the Bytyqi brothers.  Senior U.S. officials and Members of Congress, including several serving on the Helsinki Commission, repeatedly have urged that action be taken by Serbian authorities, including war crimes prosecutors in regard to this case; a resolution to that effect is pending in the U.S. House of Representatives.  While serving as Prime Minister from 2014 to 2017, Serbian President Aleksandar Vucic promised quick action on several occasions, both in public gatherings and in private meetings with the Bytyqi family.  Recently, however, he has reportedly criticized those who remind him of his promises or who express concern about the close connections the leading suspect in the case, former Interior Ministry official Goran “Guri” Radosavljevic, has with the ruling Serbian Progressive Party. The execution-style murder of Ylli, Agron, and Mehmet Bytyqi was clearly an extrajudicial act committed by government forces, a horrific crime like so many committed by the Serbian regime of Slobodan Milosevic throughout the 1990s.  The surviving Bytyqi family, currently residing in New York state, has asked for nothing more than bringing those responsible to justice. U.S. Government officials have also called for justice in a case of the three murdered U.S. citizens, even as they otherwise express support for Serbia and its European aspirations. Human rights groups in Serbia have joined the call for justice, including as a way to distance their country from a period in its recent past marked by aggressive nationalism and egregious human rights violations on a massive scale. All that remains if for Serbian authorities to take the action promised by their political leaders.            

  • The 2017 Human Dimension Implementation Meeting: An Overview

    Each year,1 the OSCE Office for Democratic Institutions and Human Rights (ODIHR) organizes the Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress.  The 2017 HDIM will be held from September 11 to September 22. Human Dimension Implementation Meeting 2017 The HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma.  Each year, three special topics are selected for a full-day review.  2017 special topics will be 1) ensuring “equal enjoyment of rates and participation in political and public life,” 2) “tolerance and nondiscrimination,” and 3) “economic, social and cultural rights as an answer to rising inequalities.”  This year’s meeting will take place at the Warsaw National Stadium (PGE Narodowy), the site of the NATO summit earlier this year. The meeting will be webcast live. Background on the Human Dimension Implementation Meeting When the Helsinki Final Act was signed in Finland in 1975, it enshrined among its ten Principles Guiding Relations between Participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the Final Act included a section on cooperation regarding humanitarian concerns, including transnational human contacts, information, culture and education. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as trafficking in human beings and refugees), and concerns relating to tolerance and nondiscrimination (e.g., countering anti-Semitism and racism). One of the innovations of the Helsinki Final Act was agreement to review the implementation of agreed commitments while considering the negotiation of new ones. Between 1975 and 1992, implementation review took place in the context of periodic “Follow-up Meetings” as well as smaller specialized meetings focused on specific subjects. The OSCE participating States established permanent institutions in the early 1990s. In 1992, they agreed to hold periodic Human Dimension Implementation Meetings” to foster compliance with agreed-upon principles on democracy and human rights. Additional changes to the modalities for the HDIM were agreed in 1998, 2001, and 2002, which included shortening the meeting from three weeks to two weeks, and adding three “Supplementary Human Dimension Meetings” annually on subjects selected by the Chairmanship-in-Office on particularly timely or time-sensitive issues. One of the most notable features of the HDIM is the strong participation of non-governmental organizations. The United States has been a strong advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE modalities allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. 1 In exceptional years when the OSCE participating States hold a summit of heads of state or government, the annual review of human dimension commitments is included as part of the Review Conference which precedes the summit, and also includes a review of the political-military and economic/environmental dimensions.

  • Helsinki Commission Staff Meet with Special Envoys on Holocaust Issues

    By Erika Schlager, Counsel for International Law Thomas Yazdgerdi, Special Envoy for Holocaust Issues at the State Department, and The Rt Hon Sir Eric Pickles, the UK's Special Envoy for post-Holocaust Issues and Anti-Corruption Champion, met with staff of the U.S. Helsinki Commission on July 14, 2017, to discuss Holocaust-related issues. Sir Eric Pickles was appointed Special Envoy for Post-Holocaust issues in September 2015. He works closely with Holocaust survivors, scholars, educational and other civil society organizations in the UK.  The State Department’s Office of the Special Envoy for Holocaust Issues develops and implements U.S. policy with respect to the return of Holocaust-era assets to their rightful owners, compensation for wrongs committed during the Holocaust, and Holocaust remembrance. The meeting touched on issues related to the needs of elderly Holocaust survivors.  The Special Envoys praised the adoption of a bill in Serbia last year that provides compensation to Serbian Holocaust survivors both in Serbia and abroad. The compensation is derived from property rendered heirless as a result of the Holocaust. Although, generally speaking, states claim property that is without heirs, the specific circumstance of genocide makes that general rule unsupportable. The 2009 Terezin Declaration on Holocaust Era Assets and Related Issues, adopted at the conclusion of a 46-nation meeting, noted that “in some states heirless property could serve as a basis for addressing the material necessities of needy Holocaust (Shoah) survivors and to ensure ongoing education about the Holocaust (Shoah), its causes and consequences.” They also addressed issues regarding Croatia, the Czech Republic, Hungary, Latvia, Poland, and elsewhere. Poland remains the only country in central Europe that has not adopted a general private property compensation or restitution law. Special Envoys Yazdgerdi and Pickles discussed their work within the 31-nation International Holocaust Remembrance Alliance, including the breakthrough adoption in April of last year of a working definition of anti-Semitism, and the OSCE’s engagement in this area.  Germany, in its 2016 capacity as OSCE Chair-in-Office, committed funds for a multiyear project called “Turning Words Into Action” which seeks to improve implementation of the OSCE’s significant body of existing commitments regarding combating anti-Semitism and discrimination. Finally, participants in the meeting exchanged views on prospects for removing the pig farm from the Lety concentration camp site in the Czech Republic. The pig farm has been the target of criticism and is seen by some as a desecration of a sensitive site of remembrance. At the 2016 OSCE Human Dimension implementation Meeting, Czech government officials discussed efforts to remove the pig farm. The Helsinki Commission played an instrumental role in securing the agreement of the Czech government to share a complete microfilm copy of the Lety concentration camp archives with the U.S. Holocaust Memorial Museum. Although there were other World War II concentration camps established specifically for Roma, the only known complete surviving archives are from Lety. More Information Roundtable on Fighting Anti-Semitism Looks at Turning Words into Action

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