Title

Helsinki Commission Hearing to Examine Religious Freedom in Eurasia

Thursday, December 06, 2018

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

RELIGIOUS FREEDOM IN EURASIA
Are Governments Keeping Their Commitments?

Tuesday, December 11, 2018
10:45 a.m.
Dirksen Senate Office Building
Room 106

Live Webcast: http://www.youtube.com/HelsinkiCommission

WITNESSES:

  • Sam Brownback, Ambassador at Large for International Religious Freedom

In his first Congressional hearing since his confirmation, Ambassador Brownback will testify on religious freedom in participating States of the Organization for Security and Cooperation. OSCE commitments on human rights and freedoms are the strongest, most comprehensive of any security organization in the world. Yet some of its participating States chronically have been among the worst violators of religious freedom–often in the name of countering terrorism or extremism–and designated by the United States as Countries of Particular Concern.

The Frank Wolf International Religious Freedom Act, Public Law 114-281, requires the President to release Country of Particular Concern designations–required by the International Religious Freedom Act of 1998–no later than 90 days after releasing the annual International Religious Freedom Report. The State Department issued the latest report, covering 2017, on May 27, 2018. Designations will hopefully be released by this hearing and will reveal whether:

  • Uzbekistan will be designated for the Special Watch List, given the government’s reforms, or re-designated as a Country of Particular Concern
  • Tajikistan and Turkmenistan have been re-designated as Countries of Particular Concern
  • Russia has been designated for the Special Watch List or as a Country of Particular Concern
  • Government of Russia-controlled separatist authorities and forces in eastern Ukraine have been designated as Entities of Particular Concern
  • Kazakhstan has been designated for the Special Watch List because of its draft religion law

Even if designations have not been released by December 11, the Helsinki Commission will still explore these and other subjects, including religious freedom in Western Europe, like potentially restrictive amendments to the religion law in Bulgaria; restrictions on religious animal slaughter; restrictions on construction of houses of worship; and conscience rights.

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
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  • Human Rights in Iran: Prospects and the Western Response

    By Ronald J. McNamara, International Policy Director In response to ongoing developments in Iran, on June 9 the U.S. Commission on Security and Cooperation in Europe, also called the U.S. Helsinki Commission, held a hearing entitled, “The Iran Crisis: A Transatlantic Response,” to examine the continuing pattern of serious human rights violations in Iran and consider how to formulate an effective transatlantic response. The hearing is part of a series to explore emerging threats to countries in the OSCE region. Iran shares borders with several OSCE participant States: Armenia, Azerbaijan, Turkey, and Turkmenistan and also borders Afghanistan, an OSCE Partner for Cooperation. Commission Chairman Senator Sam Brownback (R-KS) focused squarely on the deteriorating human rights climate in Iran: “Across the border, Iran's human rights record is dismal and getting worse. The Iranian regime employs all of the levers of power to crush dissent, resorting in every form of persecution, even so far as execution. No effort is spared to silence opposition.” “Freedom denied” sums up the regime’s approach to fundamental human rights across the board, observed Chairman Brownback, “the tyrants in Tehran time and time again have shown a zeal for crushing outbreaks of free thought. Having come down hard on vestiges of independent media, the regime has pursued those who sought refuge on the Internet as a domain for democratic discussion.” Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) drew attention to the extensive economic ties between many European countries and Iran, suggesting that such interests influence policy toward Tehran. Smith also questioned the effectiveness of existing UN human rights structures and the need for major reform of the system. Dr. Jeff Gedmin, Director of the Aspen Institute Berlin, testifying before the Commission, noted the paradigm shift in U.S. foreign policy following the 9/11 terrorist attacks: “It’s changed our thinking about democracy, not only for the moral reasons, but because, as the president and others have said, the old realism, the old stability sort of policies didn't keep us safe, either. They weren’t fully moral, and they didn’t keep us safe.” Gedmin urged a more assertive approach toward Iran that would link the security approach and the human rights and democracy approach, and warned against concentrating on the former to the exclusion of the latter. Gedmin called for ensuring that promotion of democracy is part of any dialogue with the regime, while admitting that European commercial interests could complicate matters. In his testimony, Tom Melia, Deputy Executive Director of Freedom House, focused on the dynamics of democracy promotion more generally and efforts to foster related U.S. and European cooperation through the Trans-Atlantic Democracy Network initiative involving senior government officials and NGO activists from both sides of the Atlantic. He admitted that there are a variety of European perspectives on how best to encourage democratic change, contrasting “the more traditional Western European officials around Brussels and the newly arrived officials from Central and Eastern Europe….who are willing to be strong allies.” Citing the recently released report How Freedom is Won, Melia noted that broad civic engagement can speed democratic reform and that the absence of opposition violence in the struggle for change ultimately enhances the prospects for consolidation of democracy. Turning to Iran, he noted that the June 17th elections in that country “are not about filling the offices that matter in Iran.” Ms. Goli Ameri, Co-Founder of the Iran Democracy Project, addressed the complexities faced by Iranian-Americans who have thrived in the freedom and opportunity offered in the United States, and who hope that such liberties will be seen in Iran itself. She explained some of the differing approaches advocated within the community: “In my experience, there are three different views on U.S. policy towards Iran amongst Iranian-Americans. One group believes that the U.S. needs to take an active role and make regime change an official U.S. policy. The second group believes that freedom from decades of oppression can only come from the Iranian people themselves without any type of outside involvement.” Ameri continued, “In my travels, the majority of Iranian-Americans I met have a third, more considerate way in mind. They speak as concerned citizens of the United States and independent of political opposition groups or extremist political doctrines. They care about U.S. long-term interests as much as they care for their compatriots in Iran…Iranian-Americans support the promotion of a civil society and a civil movement in Iran. However, they want to ascertain that the format of support does not hurt the long-term security and interests of the United States, as well as not sully the mindset of the Iranian people towards the United States.” Ameri emphasized that Iranian-Americans, “differentiate between support for civic organizations and support for opposition groups, with the latter being of zero interest.” Dr. Karim Lahidji, an Iranian human rights activist since the late 1950s who fled Iran in 1979, pointed to contradictions that exist within the Islamic Republic of Iran, including the “farce” that the regime is somehow based on popular sovereignty. He noted that “power itself is dual in the sense that, on one hand, there is this [unelected] supreme guide, who is kind of a Superman, who supersedes over the other branches of government” and exercises “100 percent real executive power.” Under the current structures in place in Iran, Lahidji stressed, “the underlying and governing principle, it's not equality. It is discrimination that really rules” in which “the rights of the common citizen are different from the rights of Muslims, or the rights of non-Muslims are different from the rights of Muslims. Women don't have the same rights as men. But common people don't have the same rights as the clergy.” He concluded, “Under the present constitution, any reform of the power structure in the country that would lead to democracy or respect of human rights is impossible.” Manda Ervin, founder of the Alliance of Iranian Women, focused on the daily difficulties facing the average Iranian, including rising unemployment, unpaid workers, and other hardships that have spawned manifestations of civil disobedience that are in turn repressed by security and paramilitary forces. Hunger strikes and sit-ins by university students and journalists are common and are met with repression by the authorities. Citing arrests of activists, including members of the Alliance of Iranian Women, Ervin stated, “The regime of Iran practices gender apartheid and legal abuse of children. The constitution of this regime belongs to the 7th century and is unacceptable in the 21st century.” In an impassioned conclusion Ervin said, “the people of Iran need our support, our moral support, our standing in solidarity with them. They don't want words any more. They don't trust words. They want actions. They want United States and Europe to stand together against the regime of Iran.” The panelists repeatedly cited Iranian youth and the efforts of NGO activists as key elements in building a brighter future for Iran. 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.

  • Progress and Challenges: The OSCE Tackles Anti-Semitism and Intolerance

    By Ron McNamara, International Policy Director & Knox Thames, Counsel The OSCE Conference on Anti-Semitism and on Other Forms of Intolerance convened in Córdoba, Spain, from June 8-9, 2005. The conference, the third since the Helsinki Commission’s 2002 groundbreaking hearing on “Escalating Anti-Semitic Violence in Europe,” was well attended with many participating States represented by senior-level officials.  New York Governor George E. Pataki headed the U.S. Delegation. Specific sessions were held on: Fighting anti-Semitism and other forms of discrimination, and promoting tolerance - from recommendations to implementation; Anti-Semitism and the media; Education on the Holocaust and on anti-Semitism; Responding to anti-Semitic and hate-motivated crimes; Fighting intolerance and discrimination against Muslims; Fighting intolerance and discrimination against Christians and members of other religions; and, Fighting racism, xenophobia and other forms of intolerance and discrimination. Specialized workshops were focused on: Anti-Semitism and the Media; Implementation of OCDE Office for Democratic Institutions and Human Rights’ (ODIHR) Taskings in the Field of Tolerance and Non-Discrimination; Promoting Tolerance and Ensuring Rights of Religion and Belief; and Combating Racism and Discrimination against Roma and Sinti. Side events were organized to address:  Education on the Holocaust and anti-Semitism; Combating hate speech online in the OSCE framework; Anti-Semitism and satellite television; Teaching the Holocaust and the History of Anti-Semitism in Catholic Schools: Promoting Tolerance and Interfaith Understanding; Why Should We Work Together? The ODIHR’s Law Enforcement Officer Training Program for Combating Hate Crimes; The role of Parliaments in Combating Anti-Semitism; The Anti-Semitism/terrorism Nexus, Hate sites on the Internet; and Discrimination, Hate crimes and Intolerance on the grounds of homophobia. The Conference was preceded by a one-day NGO Forum hosted by the Three Cultures Foundation on June 7, 2005 in Seville.  The opening session included presentations by Professors Gert Weisskirchen and Anastasia Crickley and Ambassador Omur Orhun, who are the three Personal Representatives of the outgoing OSCE Chair-in-Office, Slovene Foreign Minister Dimitrij Rupel.   There was also a video presentation by U.S. Helsinki Commission Chairman Senator Sam Brownback [available here]. The Córdoba Conference was the product of intense negotiations following last year’s Berlin Conference and the adoption of a number of specific commitments by OSCE countries aimed at stemming the tide of anti-Semitism and related violence.  Numerous participating States had actively resisted the convening of a meeting exclusively focused on anti-Semitism and instead argued in favor of a “holistic” approach to tolerance issues.  As OSCE Chair-in-Office (CiO) Dimitrij Rupel put it, “I also hope that Córdoba, and after Córdoba, a truly holistic approach to combat all forms of discrimination and intolerance will prevail, as this is the most effective way to address this issue.” While supporting a broader approach, others, including the U.S. Helsinki Commissioners, voiced concern that the focus on anti-Semitism as a unique form of intolerance not be lost, especially given the dimensions of the Holocaust and European history. Most participating States used the Córdoba Conference to reiterate their commitment to combating anti-Semitism and other forms of intolerance.  Disappointingly few, however, cited concrete steps they are undertaking to implement existing OSCE commitments.  One of the few exceptions was the Solicitor General of the United Kingdom, who reported on the evolution of anti-hate legislation in his country and a new law being considered by Parliament to address anti-religious bigotry.  The Italian and Polish delegations also noted some tangible progress. CiO Rupel reported on initiatives undertaken by the OSCE to improve implementation of commitments made in Berlin.  He also warned that “we must be vigilant against discrimination and show no tolerance for intolerance,” a theme repeated by numerous subsequent speakers. U.S. Helsinki Commissioner Alcee L. Hastings addressed the Córdoba Conference in his capacity as President of the OSCE Parliamentary Assembly.  Hastings reminded participants of the role of parliamentarians, including members of the Helsinki Commission, in ensuring that the issue of anti-Semitism and related violence were given priority in the OSCE framework. The most tangible results to come out of the Córdoba Conference was the Córdoba Declaration, as well as reports presented by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on “Combating Hate Crimes in the OSCE Region” and “Education on the Holocaust and on Anti-Semitism.”  The declaration recognized that some forms of intolerance need proper definition, and reiterated the Berlin Declaration’s  acknowledgement that “international developments or political issues, including in Israel or elsewhere in the Middle East, never justify anti-Semitism.” According to the ODIHR reports, 13 participating States have not provided any information on statistics, legislation and national initiatives relating to hate crimes.  Of the 42 participating States that have responded, only 29 countries have provided information and statistics on hate crimes and violent manifestations of racism, xenophobia, anti-Semitism, and intolerance.  The quality of information varied widely – one country’s statistical submission consisted of a single sentence. Beyond implementation issues and concerns, three outstanding questions remain to be resolved: Will the OSCE maintain a distinct focus on anti-Semitism or will the issue be folded into a more generic tolerance rubric? Will the current mandates for the three personal representatives be extended? What form will future follow-up, including the possible location of future conferences, on tolerance-related matters take? There is also some concern that the Personal Representatives of the Chair-in-Office have been hampered in undertaking their tasks, and have been hamstrung by limitations that have been imposed on their activities.  It is also unclear whether the newly incoming Chair-in-Office will reappoint the three representatives or, if so, if he will maintain their distinct portfolios. Discussions in Córdoba did little to narrow differences on these points.  The United States has been among the few stalwarts committed to sustaining a particular focus on anti-Semitism.   At the same time, a growing number of countries prefer a “holistic” approach, where distinct issues are discussed under a generic theme. Governor Pataki in closing remarks stressed the need to move beyond words: “We have all given our speeches in the best prose we can muster, but there is more to combating anti-Semitism and intolerance than mere speeches.”  He urged that future follow-up focus on implementation; endorsed the reappointment of the three Personal Representatives under their existing titles; called for preserving a distinct focus on anti-Semitism; supported continuing efforts to combat intolerance and discrimination against Muslims, Christians, and other faiths; and urged further institutionalization of tolerance and non-discrimination work.  Pataki concluded, “We can talk, we can coordinate through the OSCE, but the primary responsibility ultimately rests with the participating States.”      U.S. DELEGATION Governor George E. Pataki, Head of U.S. Delegation Hon. Jennette Bradley, Treasurer, State of Ohio The Most Rev. Charles J. Chaput, Archbishop of Denver and Commissioner, U.S. Commission on International Religious Freedom Sander Ross Gerber, Chairman and CEO of the XTF Group and President of the Gerber Capital Management Group Rabbi Marvin Hier, dean and founder, Simon Wiesenthal Center Kamal Nawash, founder, Free Muslims Coalition Rabbi David Zwiebel, Executive Vice President for Government and Public Affairs, Agudath Israel of America

  • Sen. Brownback's Address to the Preparatory NGO Forum Cordoba OSCE Conference on Anti-Semitism and Other Forms of Intolerance

    Ladies and gentlemen, distinguished guests and friends. It’s an honor to join my voice with yours today, as you gather together in the fight against anti-Semitism, discrimination and racism. Last month, the world paused to mark Holocaust Remembrance Day and the 60th anniversary of the end of World War II. We remembered the men, women, and children who suffered and were murdered in Nazi death camps across Europe, as well as those who fought against Hitler’s tyranny of hatred, death and destruction. The testimonies of those who survived Auschwitz and other death camps attest to the capacity of evil. At the same time, the lives of the survivors underscore the resilience of the human spirit and the fact that good can and must prevail over evil. We can learn much from their courage and determination. We must. For the flames of hatred, death, and destruction did not die out in a bunker in Berlin, nor were they consigned to the last century. At the start of a new century, we need not look far to see how quickly embers can be ignited even today. As we all know, roughly three years ago Jewish communities across Europe and North America were beset by a surge of anti-Semitism and related violence. Tragically, members of the Jewish community and Jewish institutions and symbols continue to be targeted by the purveyors of hate. In addition, racist bigots continue to assail individuals because of the color of their skin. Roma and persons of African or Arab decent, for example, are regularly targeted. Persons are assaulted everyday because of their religious faith or beliefs. The OSCE, including the three Personal Representatives of the Chair-in-Office, are important vehicles for increasing awareness of the scope of anti-Semitism and other forms of racism as well as assisting participating States in developing concrete measures to confront these evils. At the same time, we must never lose sight of the fact that the responsibility for actions rests first and foremost with governments. Unfortunately, for too many countries we’ve only seen lip service to the commitments undertaken to forward information to the OSCE. Political will is essential. In this regard, the Cordoba Conference provides an opportunity for governments to report on the specific measures they have undertaken to implement relevant OSCE commitments on combating anti-Semitism and other forms of racism. Regrettably, implementation has been uneven. As Chairman of the U.S. Commission on Security and Cooperation in Europe, I will continue to work with other governments and parliamentarians to encourage them to be proactive and vigilant in this battle. In addition to ensuring that police and prosecutors vigorously combat these manifestations, government leaders have a responsibility to speak out against acts of violence whenever they occur. Silence, I fear, will be interpreted as sanction, inaction as endorsement. While I and many others are committed to confronting and combating manifestations of anti-Semitism, racism, and related violence, we must partner with you, the non-government community. You are on the ground, ministering to those who hurt, listening to your communities. We will rely on you as an early warning system, so we can head off problems before they proliferate, as well as to critique government action or inaction. Sadly, while the world professed shock at the scope of the atrocities and cruelty of the Holocaust, it has not prevented genocides elsewhere – Bosnia, Rwanda, and now Darfur. Therefore, while law enforcement and public denunciations are critical, we must inoculate our children through education, if we are to secure a lasting victory over the diseases of anti-Semitism and racism. Both at home and at school, teachers should be encouraged to incorporate lessons from our history, drawing on the lessons from the Holocaust and contemporary examples of genocide. We can best teach our children about the dangers of these evils by giving real meaning to the phrase “never again.” In closing, I hope this NGO day will prove fruitful, and that alliances can be formed and bridges built in this common struggle. I applaud your efforts and assure you of our continued support in Congress and through the ongoing work of the Helsinki Commission. I want to thank our hosts in Seville, the Tres Culturas Foundation, as well as Spain for hosting the Cordoba Conference. I know there are many faiths represented here today. I believe that by working together, speaking out in unison, and with God’s help, we will defeat these evils.

  • Unrest in Uzbekistan: Crisis and Prospects

    This briefing, held in the wake of protests in the town of Andijon in eastern Uzbekistan that were violently put down by Uzbek troops on May 13, examined the crisis in Uzbekistan and U.S. policy options toward the regime of President Islam Karimov. The Uzbek regime has long been listed as an abuser of human rights. Among those participating in the briefing were: H.E. Samuel Zbogar, Ambassador of Slovenia and representative of the OSCE Chairman-in-Office; Dr. Abdurahim Polat, Chairman of the Uzbek opposition Birlik Party; Mr. Michael Cromartie, Commissioner of the U.S. Commission on International Religious Freedom; Dr. Martha Brill Olcott, Senior Associate at the Carnegie Endowment for International Peace; and Mr. Daniel Kimmage, Central Asia Analyst for Radio free Europe/Radio Liberty. The participants called for Uzbekistan to strive to resolve this situation peacefully, and continue to meet its commitments as a participating State in the OSCE.

  • Holocaust Remembrance Day

    Mr. Speaker, I rise today to commemorate Yom Hashoah, Holocaust Martyrs' and Heroes' Remembrance Day, which memorializes the 6 million Jews murdered by the Nazis during their campaign of genocide in World War II. We mourn the innocent lives lost and vibrant communities destroyed while the world shamefully stood silent, and honor those heroes of the Warsaw Ghetto who faced certain death when they refused to submit to the Nazi's planned extermination of their community.   To this day, Mr. Speaker, many European countries have failed to right the past wrongs of the Holocaust by failing to adequately redress the wrongful confiscation of property by the Nazi and communist regimes. These seizures took place over decades; they were part of the modus operandi of repressive, totalitarian regimes; and they affected millions of people. The passage of time, border changes, and population shifts are only a few of the things that make the wrongful property seizures of the past such difficult problems to address today.   While I recognize that many obstacles stand in the way of righting these past wrongs, I do not believe that these challenges make property restitution or compensation impossible. On the contrary, I believe much more should have been done--and can still be done now--while our elderly Holocaust survivors are still living.   Today I also want to sound the alarm about a disturbing trend that Jews face today: a rising tide of anti-Semitism throughout the world.   I serve as the Ranking Member of the Commission on Security and Cooperation in Europe (CSCE), commonly known as the Helsinki Commission. Last year I traveled as part of the U.S. Delegation, with former Secretary of State Colin Powell, to attend a special conference in Berlin addressing anti-Semitism, held under the auspices of the Organization for Security and Cooperation in Europe (OSCE). The OSCE is a 55-nation regional security organization which promotes democracy and human rights in Europe, Central Asia, and North America.   Before traveling to Berlin, I made a point to visit Auschwitz for the first time. I was shocked and stunned to see how efficient the Nazi operation was: they wanted to maximize the number of individuals that could be killed.   Seeing the remains of that factory of intolerance, hate and death, it reaffirmed how we must continually stress the importance of advancing understanding throughout the OSCE region and the entire world. We must tirelessly work to build understanding and respect between different communities to prevent future acts of prejudice and injustice.   At the Berlin Conference, I had the privilege of participating as a member of the U.S. delegation, and I gave the official U.S. statement in the session on tolerance. The meeting ended with the issuance of the Berlin Declaration of Action.   The Berlin Declaration laid out a number of specific steps for states to take to combat the rising tide of anti-Semitism, including: striving to ensure that their legal systems foster a safe environment free from anti-Semitic harassment, violence or discrimination; promoting educational programs; promoting remembrance of the Holocaust, and the importance of respecting all ethnic and religious groups; combating hate crimes, which can be fueled by racist and anti-Semitic propaganda on the Internet; encouraging and supporting international organizations and NGO's; and encouraging the development of best practices between law enforcement and educational institutions.   As we commemorate Yom Hashoah, let us honor the memory of those who perished in the Holocaust by pledging to fight intolerance, hate crimes, and violence in our community and around the world. We shall never be silent again.

  • Report on Slovakia's Religion Law

    Since the ouster of the Meciar regime in 1998, Slovakia has made a remarkable transition to democracy. Once described as “the black hole of Europe,” Slovakia officially became a member of NATO on March 29, 2004 and joined the European Union on May 1, 2004. Most recently, Bratislava hosted the joint summit held by U.S. President George W. Bush and Russian President Vladimir Putin. Moreover, Slovakia has become a voice for fundamental freedoms in its own right. At the same time, the United States has continued to raise a number of longstanding concerns with Slovakia. The most serious human rights problems in Slovakia are those experienced by members of the Romani minority, who face profound discrimination in most walks of life as well as racially motivated violence. The Slovak law concerning religion is also problematic, as it contains the most demanding registration scheme in the entire OSCE region. Due to the discriminatory nature of the current legal structure, new religious communities or groups unable to meet the burdensome numerical requirements are denied rights and privileges afforded to recognized religious groups. At the 2003 OSCE Maastricht Ministerial Council, Slovakia and all other participating States pledged to “ensure and facilitate” the free practice of religion or belief “alone or in community with others . . . through transparent and non-discriminatory laws, regulations, practices and policies.”  In light of this and other OSCE commitments, it is hoped Slovakia will amend the registration system and eliminate the numerical threshold.

  • Commemorating Holocaust Remembrance Day

    Mr. President, in light of the upcoming Holocaust Remembrance Day, I want to pay tribute to the men, women, and children who suffered and were murdered at the hands of the Nazis in the death camps across Europe. In 1951, the Israeli Knesset designated an official day on the Hebrew calendar, called Yom ha-Shoah, to commemorate the Shoah or Holocaust. This important day falls on May 5th.  “Shoah” is the Hebrew word meaning “catastrophe,” which speaks to the tragic destruction of nearly the entirety of European Jewry during World War II. Perhaps no other place has been so linked to the Shoah than Auschwitz, the liberation of which was solemnly marked earlier this year.  Auschwitz now symbolizes the horror suffered by millions in an expansive network of camps and sub-camps that stretched throughout much of Europe. Millions of people were deported to these camps throughout the war. Many were summarily executed. Others were worked to death. Some were subjected to sadistic medical experimentation.  The death camp at Auschwitz was at the heart of the “final solution” – the slaughter of innocents for no other reason than that they were Jews. In addition, Poles, Roma and other minorities were transported to Auschwitz and elsewhere for elimination. To put this staggering human suffering into some scale, the equivalent of roughly half the current population of my home state of Kansas was murdered at Auschwitz alone.  Mr. President, I have had the privilege of visiting Yad Vashem in Jerusalem to honor the memory of the victims of Shoah. The legacy of the Holocaust encompasses the memory of those that perished as well as those who survived. The testimonies of those who survived Auschwitz and other death camps attest to the capacity of evil. At the same time, the lives of the survivors underscore the resilience of the human spirit and the fact that good can and must prevail over evil.  Six decades after the smoldering flames of the Shoah were extinguished, we are still confronted with reality that the embers of anti-Semitism could today be fanned into a consuming fire. As Chairman of the Commission on Security and Cooperation in Europe, I am committed to confronting and combating manifestations of anti-Semitism and related violence at home and abroad. I look forward to the upcoming OSCE conference in Cordoba, Spain, as it will assess what measures countries are or are not taking to confront anti-Semitism. As a member of the United States Senate, I have and will continue to support the vital educational work of the United States Holocaust Memorial Museum and other institutions.  Mr. President, while the world professed shock at the scope of the atrocities and cruelty of the Holocaust, it has not prevented genocides elsewhere – Bosnia, Rwanda, and now Darfur. We can best honor the memory of those killed during the Holocaust and the survivors by giving real meaning to “never again.” 

  • Unregistered Religious Groups in Russia

    This hearing focused the disfranchisement of religious minorities Russia.  In several cases, authorities unfairly targeted religious groups with excessive force and threatened their right to worship. The hearing examined these cases and what the OSCE and U.S. have done in response. The witness John V. Hanford, III, Ambassador-at-Large for International Religious Freedom, gave testimony about specific measures the State Department has in place in Moscow for addressing this issue and what the administration of President Bush has done to respond directly to these violations.

  • Religious Freedom in Turkey

    Helsinki Commission Staff Advisor, Elizabeth Pryor, presented an opportunity for discussion on the situation faced by Muslims, Protestants, members of the Armenian Orthodox Church, and the Jewish community in the Republic of Turkey. Numerous injustices that occurred in spite of significant steps taken by the government to improve conditions for the enjoyment of religious liberty were addressed. Witnesses testifying at the hearing – including Marve Kavakci, Former Member of the Turkish Grand National Assembly; Rev. Fr. Vertanes Kalayjian, Pastor of St. Mary Armenian Apostolic Church and Representative of the Eastern Diocese of the Armenian Apostolic Church of America; Van Krikorian, Founding Member of the Turkish-Armenian Reconciliation Commission; Jeff King, President of the International Christian Concern; and Barry Jacobs, Director of Strategic Studies for the Office of Government and International Affairs  American Jewish Committee – presented testimonies regarding personal experiences with religious injustice in an effort to encourage Congress to urge Turkish officials to adhere to principles of religious freedoms.

  • Ankara's Efforts to Undermine the Greek Orthodox Church in Turkey

    By Chadwick R. Gore Staff Advisor The Helsinki Commission briefing, “The Greek Orthodox Church in Turkey: A Victim of Systematic Expropriation” was held on March 16, 2005. The ecumenical panel of experts included: Archbishop Demetrios, Primate of the Greek Orthodox Church in America and Exarch of the Ecumenical Patriarch; Cardinal Theodore E. McCarrick, Archbishop of Washington; Rabbi Arthur Schneier, President of the Appeal of Conscience Foundation; Dr. Anthony Limberakis, National Commander of the Archons of the Ecumenical Patriarchate of the Order of St. Andrew the Apostle; and Dr. Bob Edgar, General Secretary of the National Council of Churches. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) opened the briefing and Commission Senior Advisor Elizabeth B. Pryor moderated. Co-Chairman Smith described the issue of the status of the Orthodox Church in Turkey as “black and white.” Turkey’s practice of property seizures, continuous impediments to land ownership and church repairs, and the denial of legal status for the Ecumenical Patriarchate are all in direct contradiction to Ankara’s OSCE commitments. While the current government has initiated a broad regime of reforms, Co-Chairman Smith encouraged the government to do more. “Turkey has a proud history of religious tolerance, but current government policies appear targeted to bring about the eventual exodus of Greek Orthodoxy from Turkey entirely,” said Rep. Smith. “I urge the Government of Turkey to continue with its good reform program, take actions to support its Orthodox citizens, and to bring its laws and policies into conformity with OSCE commitments.” Archbishop Demetrios provided a detailed account of the maltreatment of the Greek Orthodox Church in Turkey. Since the government-provoked riots against the Greek Orthodox minority in 1955 – when the community numbered around 100,000 – the Church has been reduced to its present day remnant of 3,000 believers or less. The survival of this minority has been threatened by the continued closure of the Halki Theological School. This seminary, which was closed in 1971 on the pretext that privately run institutions were no longer legal, was the only school in the country for the training of Orthodox clergy. The continued closure means the Greek Orthodox Church in Turkey is unable to train new clergy in-country. The Archbishop also detailed cases of government confiscation of other church property. The two most significant accounts of such seizure are a recent Supreme Court ruling allowing the government to take possession of an historic orphanage on the island of Pringipo, and the expropriation of 152 properties of the Balukli Hospital in Istanbul. In addition, Demetrios noted that the government does not recognize the word “ecumenical” in the Ecumenical Patriarchate, thus denying the principal body of the church legal status. Rabbi Schneier relayed his experiences from multiple trips to Turkey speaking in support of the Greek Orthodox Church in crisis. After the fall of the Soviet Union, Turkey was thought to be a model of peaceful, religious coexistence for countries of Central Asia. In 1991, Rabbi Schneier met with the Patriarch and proposed a “Peace and Tolerance Conference.” The conference, which occurred in 1994, was widely supported by various religions and seemed to set a new tone for religious tolerance in Turkey and the region. Schneier urged the Turkish Government to take advantage of the world-wide respect that the Ecumenical Patriarchate has gained as a religious institution that preaches tolerance and fosters inter-religious cooperation. In conclusion, Rabbi Scheiner admonished the Turkish Government “to live and let live.” Dr. Limberakis detailed the various religious liberty violations he had personally witnessed on several trips to Turkey. He provided charts, showing that in 1936 the Greek Orthodox Church owned more than 8,000 properties. By 1999, its holdings had been reduced to about 2,000 places and today that number is less than 500. For the properties the church retains, the government has been slow or non-responsive in issuing building permits and allowing for repairs. The Church of the Virgin Mary, which was severely damaged in the 2003 terrorist bombings in Istanbul, waited more than a year for the building permits to rebuild. Limberakis categorized this as “emblematic of the modus operandi of the Government of Turkey.” Limberakis also discussed the Balukli Hospital and Home for the Aged. In addition to having some of its properties seized, the government has recently informed the hospital that it is subject to a 42% retroactive tax dating back to 1999. He recounted how he was assured by government leaders in February 2004 that the Halki Seminary would reopen and that it would possibly be operational for the 2004-2005 school year. September 2004 came and no progress was made. In a meeting in December 2004, the issue was discussed with Turkish officials but no further assurances were given. Dr. Edgar began his testimony by stressing the importance of the Ecumenical Patriarch, not only to Orthodox believers, but to Christians around the world for thousands of years. Istanbul has retained “its place of ecclesiastical prominence among the Orthodox Churches and its place of honor throughout the entire Christian world.” Edgar lauded the Ecumenical Patriarch as the “symbolic leader of the world’s 250 million Orthodox Christians.” Edgar discussed how the 1923 Treaty of Lausanne, which formally recognized the Greek Orthodox community as a minority in Turkey, guarantees the community’s rights. The Turkish Constitution states that religious liberties are to be enjoyed by all. Though the government has made promises, the implementation is lacking. Cardinal McCarrick agreed with others in saying that the Turkish Government greatly misunderstands the importance of the Ecumenical Patriarchate. He said, “Turkey, one would hope, would be so proud to have among its citizens and among its religious leaders one whose influence is felt not only beyond its borders, but throughout the world.” He discussed Pope John Paul II’s tremendous respect and honor for Patriarch Bartholomew, the current Ecumenical Patriarch and leader of the Orthodox Church. McCarrick briefly mentioned Turkey’s Law on Foundations which has created difficulties for non-Muslim religious communities. He reported that revenues from property transactions were often frozen and that religious institutions were often required to pay corporate taxes. Over the years members of the Helsinki Commission have been consistent and vocal advocates for the Greek Orthodox Church, as well as other religious groups experiencing problems in Turkey, be they Muslim, Christian or other. The briefing made it clear the Government of Turkey needs to take several positive steps to fulfill the Helsinki commitments regarding freedoms of religion and assembly which it has freely accepted. First, the apparent systematic expropriation of the properties of the Greek Orthodox Church ascribed as legal under the foundation laws of Turkey must cease. While such actions may be legal they are clearly wrong and prevent Turkey from fulfilling its basic Helsinki commitments. One can easily perceive sinister motives in the application of these laws regarding religious institutions—they appear to have as their goal the eradication of the Greek Orthodox from all of Turkey. Turkey needs to remove religious institutions from under these laws and free religious institutions from their burden. Second, Turkey needs to appreciate that freedom of the spirit is not a threat to the state. Allowing such freedom actually enhances one’s commitment to and love of country. The current system erodes the fundamental glue that keeps citizens proud of their lineage. And, finally, Turkey needs to look outward to the modern world to realize that the great democracies not only allow freedom of religion and assembly, accompanied by speech rights, but encourage them. Both the state and the citizen will grow better in the light of openness, acceptance and tolerance. This briefing was the first in a series of three, with the second briefing focusing on the Turkish Government’s treatment of other religious communities in the country. The last event will be with representatives of the Turkish Government in Ankara, addressing a variety of issues including those discussed in the first two briefings. United States Helsinki Commission intern Alesha Guruswamy contributed to this article.

  • The Decade of Roma Inclusion

    Mr. President, last month, the Prime Ministers of eight Central and Southern European countries met in Sofia, Bulgaria, for their first meeting in what has been dubbed “the Decade of Roma Inclusion.” This initiative is designed to spur governments to undertake intensive engagement in the field of education, employment, health and housing with respect to Europe's largest, most impoverished and marginalized ethnic minority, the Roma. The Open Society Institute, the World Bank, the European Commission and the United Nations Development Program, all supporters of this initiative, hope that this effort will result in meaningful improvements over the course of a 10-year period. In December, a donors' conference pledged $42 million for a Roma Education Fund. But the real goal is to get governments to give more help to their own people from their own budgets, as well as to make better use of the funds already available from organizations like the EU. The fact is that Romani riots in Plovdiv, Bulgaria, in 2002 and in eastern Slovakia last year should be a wake-up call for governments with significant Romani communities. These countries cannot afford to ignore the crushing impoverishment and crude bigotry that so many Roma face on a daily basis. The Decade of Romani Inclusion is all well and good, and I commend the governments that are participating in this initiative. But much more needs to be done to truly advance Romani integration. It must start with a message of tolerance and inclusion from the highest levels of government. Unfortunately, too often the voices that are heard are those spreading crude stereotypes and inter-ethnic hatred. I am particularly alarmed by what appears to be an increase in anti-Roma statements in Bulgaria. Last summer, the head of one of Bulgaria's leading trade unions, Konstantin Trenchev, broadly characterized all Roma as criminals, and then called for the establishment of vigilante guards to deal with them. More recently, Ognian Saparev, a Member of Parliament from the Bulgarian Socialist Party, dismissed the significance of reports that the Mayor of Pazardzhik has trafficked Romani girls for the benefit of visiting foreigner diplomats. Saparev reportedly claimed that the statutory rape of these girls shouldn't be considered a crime because Romani girls are “mature” at age 14. Significantly, Saparev also gained headlines last year for publishing an inflammatory article about Roma in which he argued they should be forced to live in ghettos. Even worse statements have come from Russia. Yevgenii Urlashov, a city official in Yaroslavl, recently characterized all Roma as drug dealers and called for them to be deported. Not to be outdone, fellow municipal legislator, Sergei Krivnyuk, said, "residents are ready to start setting the Gypsies' houses on fire, and I want to head this process." Although nongovernmental human rights groups have condemned this anti-Romani rhetoric, other leaders in Bulgaria and Russia have largely remained silent. But it is critical that public leaders, from all walks of life, speak out against such hate mongering. Speaking on the occasion of the 60th anniversary of the liberation of Auschwitz, Polish President Kwasniewski noted that “complete extermination was also [intended] to be the fate of the Roma community.” It will not do, 60 years after the liberation of Auschwitz, to stand by in silence while Roma are crudely caricatured as criminals, just as they were by the Nazis. And we must not stand by in silence when a member of Parliament dismisses the criminal act of trafficking of children, simply because they are Romani.

  • The Greek Orthodox Church in Turkey: A Victim of Systematic Expropriation

    In this briefing, Co-Chairman Smith described the issue of the status of the Orthodox Church in Turkey and condemned Turkey’s practice of property seizures; continuous impediments to land ownership and church repairs; and the denial of legal status for the Ecumenical Patriarchate as direct contradictions to Ankara’s OSCE commitments. The progress that the Government of Turkey has made in its reform program as well as the actions that should be taken in the future to support its Orthodox citizens and to bring its laws and policies into conformity with OSCE commitments was also discussed. Witnesses providing testimony at the briefing addressed a range of topics, including the confiscation of church property and other religious liberty violations undertaken by the government. A combination of personal experience and historical evidence was used by the witnesses to illuminate these violations and present suggestions for improving religious liberty in the future.

  • Slovenia’s Leadership of the OSCE

    This hearing examined the challenges facing the Organization for Security and Cooperation in Europe in 2005. New and emerging threats from external actors, including terrorist organizations and rogue regimes, have led the organization to take a greater look at its periphery and seek multilateral responses to issues ranging from terrorist financing to arms proliferation. Issues related to OSCE work were on the agenda of the recent Bush-Putin summit in Bratislava and could impact the organization’s future activity. The testimony of His Excellency Dimitrij Rupel, Foreign Minister of Slovenia and this year’s OSCE Chairman, presented an overview of the wide array of initiatives undertaken by the OSCE regarding issues like human trafficking, organized criminal activity and official corruption, anti-Semitism and other forms of intolerance, human rights violations in countries of Central Asia, and areas of tension or conflict in the Caucasus, the Balkans and elsewhere in the expansive OSCE region. Strategies for continuing to pursue these issues were discussed.

  • Helsinki Commission Leaders Visit Ukraine; Impressed By Government's Efforts on Road to Recovery

    By Orest Deychakiwsky, Staff Advisor United States Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Commission Member Rep. Benjamin L. Cardin (D-MD) met with Ukrainian officials, non-governmental organizations, and religious leaders in Kyiv, Ukraine on February 26-27, 2005. The delegation also laid wreaths at the Memorial to the Victims of the 1932-33 Terror-Famine and at the Babyn (Babi) Yar memorial. The Commissioners had substantive and far-reaching meetings with Ukraine’s State Secretary Oleksandr Zinchenko, Foreign Minister Boris Tarasyuk, Justice Minister Roman Zvarych, Minister of Transportation and Communications Yevhen Chervonenko, and Chairman of the parliament’s Committee on Organized Crime and Corruption Volodymyr Stretovych. The meetings covered many topics, including the lifting of the Jackson-Vanik amendment and granting normal trade relations (NTR) status as well as facilitating Ukraine’s entry into the World Trade Organization (WTO). Commissioners Smith and Cardin were impressed with the political will and determination of Ukraine’s Government officials as well as the non-governmental organizations to work for positive change in Ukraine. As an original cosponsor, Co-Chairman Smith noted the recent introduction of a bill by House International Relations Committee Chairman Rep. Henry J. Hyde (R-IL), which would grant Ukraine NTR. Commissioner Cardin affirmed his support for NTR and Ukraine’s joining WTO, noting that it was critical for Ukraine to conclude intellectual property rights talks with the United States. Discussions also centered on human trafficking, corruption, the rule of law and human rights issues such as torture, the Gongadze case, sustaining media freedoms, and on how the United States can best assist Ukraine during this time of historic transition. State Secretary Zinchenko expressed pleasure at the current state of U.S.-Ukrainian bilateral relations, observing that both sides now have trust in each other. He outlined President Viktor Yushchenko’s priorities, including combating corruption, extending a hand to business, protecting private property, promoting respect for the rule of law – especially in government entities such as the Interior Ministry, tax police and the security services – as well as promoting the further development of civil society. Secretary Zinchenko also emphasized the importance of U.S. investment in Ukraine. The Commissioners and Ukrainian officials also discussed in detail HIV/AIDS in Ukraine, which Zinchenko described as very acute and far-reaching, and the proposed new Chornobyl shelter that will cover the crumbling old sarcophagus. Minister of Justice Roman Zvarych outlined the Justice Ministry’s priorities to encourage and ensure the rule of law. Securing human rights and liberties would include such measures as getting the police to pay attention to procedural norms and urging parliament to adopt necessary civil and administrative procedural code changes. With respect to combating corruption, Zvarych hopes to soon unveil a comprehensive “Clean Hands” program, including a code of ethics. Cleaning up the court system is another priority, and the Justice Ministry has plans to take a variety of steps against judges engaged in corrupt practices. The delegation and Zvarych discussed the issues of human trafficking, torture of detainees, the Gongadze case, restitution of religious property and national minority issues. Chairman Volodymyr Stretovych and representatives of the International Organization for Migration (IOM) gave a comprehensive briefing on the problem of human trafficking in Ukraine, what steps are being taken by the government and NGOs to combat this scourge and plans on further addressing this important issue. A key concern was improving law enforcement cooperation between Ukraine (as a country of origin for victims of trafficking) and countries of destination. U.S. Embassy Deputy Chief of Mission Sheila Gwaltney hosted a meeting with U.S. Embassy, U.S. Agency for International Development, and FBI officials during which U.S. efforts to assist the new Ukrainian Government in promoting the rule of law and combating human trafficking were discussed. The delegation also visited an IOM-sponsored medical rehabilitation center for trafficking victims. Human trafficking, as well as religious rights issues, were also discussed in a meeting with Papal Nuncio Archbishop Ivan Jurkovich. Ambassador John Herbst organized and hosted a discussion with NGO representatives from Freedom House, Institute for Mass Information, the Chernihiv-based organization Dobrochyn and the Ukrainian Helsinki Human Rights Union. Mykhaylo Horyn, former Soviet political prisoner and head of the pro-independence movement Rukh in the early 1990s, also participated in the meeting. The delegation met with Jewish representatives, including the new Minister of Transportation and Communications Yevhen Chervonenko who is also Vice-President of the Eurasian Jewish Congress. They discussed matters pertaining to Ukraine’s Jewish community, assessing them positively. Foreign Minister Tarasyuk expressed gratitude to the Helsinki Commission for its active work in support of democracy in Ukraine and stated that the clear position of Congress and the U.S. Government, including support for a strong contingent of international election observers during the recent elections, effectively helped Ukrainian democracy. In raising Jackson-Vanik graduation, market economy status, and the WTO, Minister Tarasyuk cited strong readiness and willingness on the part of the Ukrainian Government to remove obstacles on their part, including a promise to submit in the Rada shortly a draft law on intellectual property rights. Minister Tarasyuk and the Commissioners also discussed the vital importance of ongoing OSCE election observation, Ukrainian-Russian relations, and Ukraine’s strengthened role in resolving the long-festering Moldova-Trandniestria conflict.

  • Helsinki Commission Leaders Visit Ukraine

    By Orest Deychakiwsky Staff Advisor United States Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Commission Member Rep. Benjamin L. Cardin (D-MD) met with Ukrainian officials, non-governmental organizations, and religious leaders in Kyiv, Ukraine on February 26-27, 2005. The delegation also laid wreaths at the Memorial to the Victims of the 1932-33 Terror-Famine and at the Babyn (Babi) Yar memorial. The Commissioners had substantive and far-reaching meetings with Ukraine’s State Secretary Oleksandr Zinchenko, Foreign Minister Boris Tarasyuk, Justice Minister Roman Zvarych, Minister of Transportation and Communications Yevhen Chervonenko, and Chairman of the parliament’s Committee on Organized Crime and Corruption Volodymyr Stretovych. The meetings covered many topics, including the lifting of the Jackson-Vanik amendment and granting normal trade relations (NTR) status as well as facilitating Ukraine’s entry into the World Trade Organization (WTO). Commissioners Smith and Cardin were impressed with the political will and determination of Ukraine’s Government officials as well as the non-governmental organizations to work for positive change in Ukraine. As an original cosponsor, Co-Chairman Smith noted the recent introduction of a bill by House International Relations Committee Chairman Rep. Henry J. Hyde (R-IL), which would grant Ukraine NTR. Commissioner Cardin affirmed his support for NTR and Ukraine’s joining WTO, noting that it was critical for Ukraine to conclude intellectual property rights talks with the United States. Discussions also centered on human trafficking, corruption, the rule of law and human rights issues such as torture, the Gongadze case, sustaining media freedoms, and on how the United States can best assist Ukraine during this time of historic transition. State Secretary Zinchenko expressed pleasure at the current state of U.S.-Ukrainian bilateral relations, observing that both sides now have trust in each other. He outlined President Viktor Yushchenko’s priorities, including combating corruption, extending a hand to business, protecting private property, promoting respect for the rule of law – especially in government entities such as the Interior Ministry, tax police and the security services – as well as promoting the further development of civil society. Secretary Zinchenko also emphasized the importance of U.S. investment in Ukraine. The Commissioners and Ukrainian officials also discussed in detail HIV/AIDS in Ukraine, which Zinchenko described as very acute and far-reaching, and the proposed new Chornobyl shelter that will cover the crumbling old sarcophagus. Minister of Justice Roman Zvarych outlined the Justice Ministry’s priorities to encourage and ensure the rule of law. Securing human rights and liberties would include such measures as getting the police to pay attention to procedural norms and urging parliament to adopt necessary civil and administrative procedural code changes. With respect to combating corruption, Zvarych hopes to soon unveil a comprehensive “Clean Hands” program, including a code of ethics. Cleaning up the court system is another priority, and the Justice Ministry has plans to take a variety of steps against judges engaged in corrupt practices. The delegation and Zvarych discussed the issues of human trafficking, torture of detainees, the Gongadze case, restitution of religious property and national minority issues. Chairman Volodymyr Stretovych and representatives of the International Organization for Migration (IOM) gave a comprehensive briefing on the problem of human trafficking in Ukraine, what steps are being taken by the government and NGOs to combat this scourge and plans on further addressing this important issue. A key concern was improving law enforcement cooperation between Ukraine (as a country of origin for victims of trafficking) and countries of destination. U.S. Embassy Deputy Chief of Mission Sheila Gwaltney hosted a meeting with U.S. Embassy, U.S. Agency for International Development, and FBI officials during which U.S. efforts to assist the new Ukrainian Government in promoting the rule of law and combating human trafficking were discussed. The delegation also visited an IOM-sponsored medical rehabilitation center for trafficking victims. Human trafficking, as well as religious rights issues, were also discussed in a meeting with Papal Nuncio Archbishop Ivan Jurkovich. Ambassador John Herbst organized and hosted a discussion with NGO representatives from Freedom House, Institute for Mass Information, the Chernihiv-based organization Dobrochyn and the Ukrainian Helsinki Human Rights Union. Mykhaylo Horyn, former Soviet political prisoner and head of the pro-independence movement Rukh in the early 1990s, also participated in the meeting. The delegation met with Jewish representatives, including the new Minister of Transportation and Communications Yevhen Chervonenko who is also Vice-President of the Eurasian Jewish Congress. They discussed matters pertaining to Ukraine’s Jewish community, assessing them positively. Foreign Minister Tarasyuk expressed gratitude to the Helsinki Commission for its active work in support of democracy in Ukraine and stated that the clear position of Congress and the U.S. Government, including support for a strong contingent of international election observers during the recent elections, effectively helped Ukrainian democracy. In raising Jackson-Vanik graduation, market economy status, and the WTO, Minister Tarasyuk cited strong readiness and willingness on the part of the Ukrainian Government to remove obstacles on their part, including a promise to submit in the Rada shortly a draft law on intellectual property rights. Minister Tarasyuk and the Commissioners also discussed the vital importance of ongoing OSCE election observation, Ukrainian-Russian relations, and Ukraine’s strengthened role in resolving the long-festering Moldova-Trandniestria conflict. 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.

  • Commending Countries and Organizations for Marking 60th Anniversary of Liberation of Auschwitz

    Mr. Speaker, I thank the distinguished chairman for yielding me this time and for his leadership on this resolution. I also want to thank the gentleman from California (Mr. Lantos), who along with his wife is a survivor of the Holocaust. He is to be commended for his clear and unmistakable and nonambiguous condemnation of these horrific occurrences that occurred 60 years ago and before; and for his leadership today in Congress and around the world on behalf of the plight of Jews, who are still subjected to a gross anti-Semitism all over the world. Mr. Speaker, perhaps no other single word evokes the horrors of the Holocaust as much as the name Auschwitz, the most notorious death camp in the history of humanity. On January 27, the Government of Poland will mark the liberation of that camp by the Soviet Army some 60 years ago. Leaders from across the globe, including our Vice President DICK CHENEY, will rightly and solemnly remember the victims of Auschwitz and the sacrifices of those who fought against Nazism. This resolution, H. Res. 39, recognizes the 60th anniversary of the liberation of Auschwitz in German-occupied Poland. We also seek to strengthen the fight against racism, intolerance, bigotry, prejudice, discrimination, and anti-Semitism. The Congress of the United States joins those in Poland and elsewhere who are marking this solemn occasion. I particularly support, Mr. Speaker, this resolution's call for education about what happened during the Holocaust in general and at Auschwitz in particular. At that single camp, an estimated 1.1 million men, women, and children were slaughtered. All in all, more than 60 percent of the pre-World War II Jewish population perished during the Holocaust. Others drawn into the Nazi machinery of death included Poles, Roman and other nationalities, religious leaders and religious minorities, the mentally or physically handicapped individuals, those who were considered inferior by the Nazis. The lives of countless survivors were forever broken. When Soviet troops entered Auschwitz, they found hundreds of thousands of men's suits, more than 800,000 women's suits, and more than 14,000 pounds of human hair, a silent and grim testimony to the magnitude of the crimes that had been committed there. Mr. Speaker, throughout the last several years, the Helsinki Commission, which I chaired during the last 2 years, has tried to focus on this terrible rising tide of anti-Semitism that has been occurring throughout Europe, among the OSCE's 55 countries, and really throughout the world. I am very glad that the Global Anti-Semitism Awareness Act of 2004, which the gentleman from California (Mr. Lantos), the gentleman from Illinois (Mr. Hyde), and I and Senator Voinovich and the gentleman from Maryland (Mr. Cardin) all worked so hard to enact, now has given us its first installment, including a very comprehensive report, which the gentleman from California (Mr. Lantos) just read from, and which I would like to make a part of the RECORD as well. Members need to read this, Mr. Speaker. Anti-Semitism is on the rise, and it must be countered. A tourniquet must be put on this hate every time it reappears. When we first began to raise this issue, one of the focuses we brought to bear on the Parliamentary Assembly was the importance of Holocaust education. And I would ask every American when they visit Washington to go down to the Holocaust Museum and walk through that museum. Look at the pictures of the people doing the hail to Hitler, the Hail Hitler salute. Seemingly normal, everyday people who, whether they knew it or not, were buying into this extermination campaign that is the most horrific in all of human history. We would hope that when the Parliamentary Assembly comes to Washington in July that the 220-plus members of Parliaments from each of the countries will spend at least half a day going through the Holocaust Museum to remember so that the past does not become prologue. I would also point out to my colleagues that my own sense of Holocaust remembrance and education began when I was a young teenager, and a man who used to visit a store right next to my family's sporting goods store who was a survivor himself. I will never forget when he rolled up his sleeve one day and showed us that tattooed mark, the number. He was one of the lucky ones, like our good friend and colleague, the gentleman from California (Mr. Lantos), who survived this terrible time when hell was in session. So, again, this is another one of those issues that we all are deeply concerned about. There is no division between Democrat or Republican. And again I want to thank the gentleman from Illinois (Mr. Hyde) for his leadership on this as well. It has been extraordinary.

  • Commending Countries and Organizations for Marking 60th Anniversary of Liberation of Auschwitz

    Mr. CARDIN. Madam Speaker, as we commemorate the 60th anniversary of the liberation of Auschwitz, I want to acknowledge how fortunate we are in this body to have the gentleman from California (Mr. Lantos) as one of our Members. His passion on human rights is so welcomed in this body. He has been the champion on these issues for many years. We thank the gentleman for everything he has meant to our sensitivity on human rights issues. The gentleman has seen it firsthand and has helped us understand the need for activism in this body. I also acknowledge the gentleman from Illinois (Chairman Hyde) for his leadership on human rights issues, and the gentleman from New Jersey (Mr. Smith) who is our leader on the Helsinki Commission, not only on this issue, but on anti-Semitism generally. He has led the effort in the international body to make sure that we pay attention to the rise of anti-Semitism in Europe today. Last year I had an opportunity to visit Auschwitz and see firsthand where a million people lost their lives in the factory of death. It has an impact on all of us who have seen how inhumane people can be. Madam Speaker, in 1991 the participating states of the Organization for Security and Cooperation in Europe agreed in Krakow, Poland, to "strive to preserve and protect these monuments and sites of remembrance, including extermination camps, and the related archives, which are themselves testimonials to their tragic experience in their common past. Such steps need to be taken in order that those experiences may be remembered, may help to teach present and future generations of these events, and thus ensure that they are never repeated." Auschwitz is just such a site of remembrance. With this resolution, we mourn innocent lives lost and vibrant communities destroyed. We honor those who fought fascism and helped liberate Auschwitz and other Nazi camps. This resolution also goes further and speaks to the compelling need for Holocaust education throughout the globe. In the words of the Krakow Document, we must "teach present and future generations of these events, and thus ensure that they are never repeated." This chilling rise of anti-Semitism in recent years tells us that more must be done. Madam Speaker, I can speak a long time on this subject. This resolution calls on all nations and people to strengthen their efforts to fight against racism, intolerance, bigotry, prejudice, discrimination and anti-Semitism. I am proud that this body is bringing forward this resolution. I commend my colleagues and the leadership of the committee for bringing it forward. I urge all of my colleagues to support the resolution. Madam Speaker, Yad Vashem exhibits the sketches of Zinovii Tolkatchev, a Soviet soldier who was among those who liberated Majdanek and Auschwitz, under the fitting title, "Private Tolkatchev at the Gates of Hell." For surely that is what he saw and what Auschwitz was. As ranking member of the Helsinki Commission, I visited Auschwitz last year and saw for myself the furnaces that took the lives of more than one million human beings at the camp. These furnaces stoked hatred and intolerance to a degree never before seen in human history. Today, I rise as a cosponsor and in strong support of this resolution, which seeks to join the voices of this body to all those gathered in Poland and elsewhere in our common remembrance of the liberation of Auschwitz 60 years ago, on January 27, by Soviet Army troops. I commend Congressman Lantos, the ranking member of the International Relations Committee, for introducing this resolution and for his steadfast leadership in his work against anti-Semitism and for Holocaust education and awareness. I am also deeply heartened that the United Nations General Assembly, at the request of many governments and with the support of Secretary General Kofi Annan, convened a special session on January 24 to mark the liberation of the Auschwitz and other death camps. Madam Speaker, in 1991, the participating State of the Organization for Security and Cooperation in Europe (OSCE) agreed in Cracow, Poland, to "strive to preserve and protect those monuments and sites of remembrance, including most notably extermination camps, and the related archives, which are themselves testimonials to their tragic experiences in their common past. Such steps need to be taken in order that those experiences may be remembered, may help to teach present and future generations of these events, and thus ensure that they are never repeated." Auschwitz is just such a site of remembrance. With this resolution, we mourn innocent lives lost and vibrant communities destroyed. We honor those who fought fascism and helped liberate Auschwitz and other Nazi camps. This resolution also goes further and speaks to the compelling need for Holocaust education throughout the globe. In the words of the Cracow Document, we must "teach present and future generations of these events, and thus ensure that they are never repeated." The chilling rise of anti-Semitism in recent years tells us that more must be done. This resolution calls on all nations and peoples to strengthen their efforts to fight against racism, intolerance, bigotry, prejudice, discrimination, and anti-Semitism. In the last Congress I was pleased to join with Mr. Lantos and Helsinki Commission Chairman Chris Smith in working to enact the Global Anti-Semitism Review Act of 2004. Earlier this month the U.S. State Department issued its first-ever global report on anti-Semitism, as mandated by the legislation. We now have a roadmap to build upon in the future, which details both best practices by states as well as areas in which participating States are still falling short of their OSCE commitments. In April 2004 I attended the Conference on Anti-Semitism of the OSCE in Berlin with Secretary of State Colin Powell. The 55 Participating States of the OSCE adopted a strong action plan, the Berlin Declaration, which lays out specific steps for states to take regarding Holocaust education, data collection and monitoring of hate crimes against Jews, and improved coordination between nongovernmental organizations and European law enforcement agencies. During our conference, on the evening of April 28, President Johannes Rau of Germany hosted a dinner for the President of the State of Israel Moshe Katsav. President Katsav spoke powerfully about the need to combat the rising tide of anti-Semitism throughout the world. I cannot tell you how powerful it was to listen to the German President and the Israeli President address the issue of anti-Semitism together in Berlin. Let me just highlight one section of President Katsav's remarks: "The violence against the Jews in Europe is evidence that anti-Semitism, which we have not known since the Second World War, is on the rise. This trend of the new anti-Semitism is a result of the aggressive propaganda, made possible by modern technologies, globalization and abuse of democracy and which creates an infrastructure for developing and increasing anti-Semitism, of a kind we have not known before ..... Many times I have heard voices saying that anti-Semitism is not unique and that it is no different from other kinds of racism. Anti-Semitism should indeed receive special attention. Hatred against the Jews has existed for many generations and it is rooted in many cultures and continents through the world. However, now anti-Semitism has become an instrument for achieving political aims ..... The genocide of the Jews was the result of anti-Semitism and was not caused by a war between countries or a territorial conflict and, therefore, anti-Semitism is a special danger for world Jewry and the whole of Europe." I urge others here today to join me in supporting this resolution.

  • Democratic Change in Ukraine Provides a Backdrop of Success at the 12th OSCE Ministerial

    By Elizabeth Pryor, Senior Advisor The twelfth Ministerial Council Meeting of the Organization for Security and Cooperation (OSCE) took place in Sofia, Bulgaria, December 6-7, 2004.  The United States Delegation was led by Secretary of State Colin Powell.  Rep. Alcee L. Hastings, who is a Helsinki Commissioner, headed the delegation of the OSCE Parliamentary Assembly in his role as President of that body.  Secretary Powell noted that the United States “bases its faith in the OSCE’s future not just on past successes, but on the significant contributions this pioneering organization is making today,” citing among other achievements the preparation of landmark elections in Georgia and Afghanistan. Congressman Hastings spoke of the important work of the Parliamentary Assembly in promoting democracy, in fighting terrorism and in election monitoring, and called for more OSCE involvement in the Caucasus and Central Asia.  He concluded:  “The OSCE has enormous potential to help Europe and the world to become places of peace, stability and co-operation….the world will be more dangerous without it.” During the meeting ministers strengthened their commitment to use the organization to fight terrorism, taking several decisions that make it more difficult for terrorists to operate in the region.  They also encouraged OSCE participating states to adopt measures to fight corruption, including ratification of the UN Convention against Corruption.  They underscored the important political role of the OSCE Secretary General, gave impetus to the implementation of earlier decisions on promotion of equal opportunity for women and men, and reiterated their commitment to combat racism, xenophobia and anti-Semitism. They also pushed for quicker and better implementation of OSCE methods of eliminating stockpiles of conventional armaments and ensuring proper export documents for small arms and light weapons. New agreements to protect child victims and more vigorous attention to penalizing sex tourists, and other individuals who prey on children, enhanced earlier OSCE actions to counter human trafficking.  Ministers also agreed to augment activities that would address economic instability, through the organization’s Economic Forum. In addition, ministers welcomed the intention of the OSCE Chairman to appoint three distinguished personal representatives to combat discrimination and promote tolerance. This decision stemmed from significant meetings during the previous years which registered OSCE concern at growing instances of intolerance, some of them acts of violence.  The Bulgarian chairmanship subsequently appointed Anastasia Crickley of Ireland as the special representative to combat racism, xenophobia and discrimination; Gert Weisskirchen of Germany as the special representative to combat anti-Semitism; and Ömür Orhun of Turkey to be special representative to combat intolerance and discrimination against Muslims.      The measures taken to reduce the ability of terrorists to function in the region are especially significant. Ministers pushed to complete an agreement on comprehensive and uniform standards for border security; new methods of information exchange about the use of the Internet by terrorists–including an international meeting by experts; strong coordination with other international organizations to ensure the security of shipping containers; and a harmonized method for relaying and compiling information on lost and stolen passports through Interpol.  If agreed within the next year, as ministers hope, and implemented vigorously, collectively these decisions can dramatically curb the ability of terrorists to move people and weapons easily and change identities without detection. Texts of all of the decisions can be found at www.osce.org. *   *   *   *   * Negotiation at Sofia was difficult.  A U.S. proposal to extend and augment the provisions of a June 2004 NATO anti-trafficking plan failed to be agreed.  A Russian-proposed text that would have changed the perimeters of OSCE election monitoring was also blocked. No joint statement of the ministers could be concluded.  An important decision to extend the mandate of the OSCE Border Monitoring Operation in Georgia was not agreed. In all of these negotiations, the Russian Federation was isolated, either in its demands, or in its refusal to join consensus. Secretary of State Powell and Russian Foreign Minister Sergei Lavrov openly disagreed in their interventions about the validity of OSCE operations in the former Soviet Union.  Secretary Powell took issue with Lavrov’s assertion that OSCE’s focus on the region was disproportionate, pointing out that the United States has used the organization to discuss its own difficulties, including the abuse of detainees in U.S. custody in Iraq.  There is a long history of such disagreements within the OSCE. One need only look at the negotiating record of the original Helsinki Accords to note the seemingly insurmountable gulf that existed in 1975. At that time negotiations were complicated by disputes between the West and the then-powerful neutral and non-aligned nations, as well as between East and West. Those talks took place in an atmosphere of a near-zero diplomatic interaction between many of the countries. Yet skillful negotiation and a larger vision won the day.  Over the years the Helsinki process has witnessed stand-offs over the status of fixed–wing aircraft in the negotiations on Conventional Armed Forces in Europe (CFE); over development of new standards for media freedom; on the creation of the field missions for which it is now so celebrated; on the division of roles in election monitoring and hundreds of other issues. Indeed, one of the hallmarks of the organization is that it assumes strong disagreement among the participating States. The glory of the OSCE is that it has not seen this as an obstacle to progress, but has always kept its dialogue open and lively and found creative ways to search for common ground.  Those debating today’s issues should find the successful negotiations of the past both encouraging and instructive. In the wake of Russian intransigence, a number of newspaper comments and internal accounts of the ministerial meeting have been unduly pessimistic, with some commentators even extrapolating about the near demise of the OSCE. The disappointment seems to center on the inability of the 55-nation organization to agree to the joint statement that traditionally concludes these meetings. The fate of the highly effective Border Monitoring Operation is of real concern and should be the object of concerted, expert diplomacy by all OSCE States.  But the vitality of the OSCE is not in question, and it is striking that such an array of senior observers has limited its definition of relevancy to an almost invisible statement, the kind that in today’s diplomatic world has decreasing impact or shelf-life.  Perhaps it would have been better if those in Sofia had agreed to a joint statement, but it is largely irrelevant that they did not. For, over the past few years, the OSCE has seen stunning proof of its true relevance:  the influence of its agreed standards of conduct and its continuing ability to inspire those who are courageous enough to fight for democracy and then make it stick. This year’s Sofia meeting was dominated by Ukraine’s remarkable democratic ferment.  In Sofia, negotiations took place against a backdrop of the Ukrainian people embracing systems of liberty and justice.  Just as evident was the ineffectiveness of the oligarchs, petty tyrants and reactionary ideologues who had tried to stifle this heady movement.  The excitement and optimism were palpable as the news reports – first of the crowds in Independence Square, then the courageous actions in the parliament and courts – came filtering into Sofia’s old communist Hall of Culture, itself a symbol of the OSCE’s ability to effect positive change. There is no doubt that the events of these historic weeks owed much to three decades of the OSCE’s tireless and patient work.  First, the Helsinki process eroded the bulwark of communism; then through its mission in Ukraine and its support of many valiant NGOs, it persistently promoted the rule of law and free processes over the false security of re-emergent authoritarianism.  If it all seemed a little familiar, it was because the 2003 Maastricht ministerial meeting was colored by a similar public demand for democracy in Georgia, also a product of OSCE’s influence and persistence. And, four years ago, we welcomed another electoral surprise as Serbia’s citizens demanded the right to a valid election and a future that they themselves would determine. All of these developments are very heartening.  They attest to the indomitable will of people everywhere to live in freedom and of the important way OSCE principles support them.  The continuing quest for democracy in Europe is the true measure of the OSCE’s success.  No anodyne statement, no “family photo” of beaming foreign ministers, could possibly illustrate the OSCE’s importance as have these real and hopeful events. That the OSCE remains the major player in promoting European unity and security is also apparent in the rhetoric of some leaders who want to sabotage its work.  Notable among them are Alexandr Lukashenko, the autocrat in Belarus, who openly resists fulfilling the commitments made freely by his country, and Sparmurat Niyazov, who holds Turkmenistan under dictatorial rule. Unfortunately, others are following in this path, Vladmir Putin among them.  These increasingly authoritarian leaders see that the high principles of the Helsinki Accords can motivate people to demand their rights and thus discourage selfish governmental policies and foreign adventurism.  They want to thwart OSCE influence precisely because it stands in the way of backsliding toward the uncontrolled exercise of personal power.  Ironically, their refusal to cooperate on OSCE policies that continue the forward momentum toward freedom only serve to point up just how successful the organization has become. As it moves to celebrate the 30th anniversary of the signing of the Helsinki Accords the OSCE has much to be proud of.  But it also has a great deal of work ahead of it.  The participating States of the organization must be certain that they continue to stabilize both borders and the democratic institutions of Georgia.  Unresolved conflicts continue to fester in Moldova and Nagorno-Karabakh, and the situation in Kosovo remains fragile and tense.  Human rights are jeopardized in much of Central Asia, with the OSCE often the lone voice in their defense.  Several states have crossed the line into totalitarianism.  Well-established democracies, including the United States, need to be eternally vigilant, lest we take our fundamental freedoms for granted and allow our high ideals to be eroded.  None of this is evidence of OSCE ineffectiveness, but of our continuing need for its guidance.  The process of promoting human rights is continual.  It is essential that the OSCE is there to remind us that we must never become complacent. Among the most important decisions the OSCE took at Sofia was the reassertion of the important political role of the organization’s Secretary General.  The Helsinki Commission hopes that this year, when a new Secretary General will be selected, participating States will choose a strong individual, a person of proven and inspirational leadership and managerial excellence.  OSCE ministers also chose to appoint a panel of eminent persons to advise on any directional adaptation that may help strengthen the organization.  Once again, members of the Helsinki Commission trust that people with innovative ideas and recent expertise will be chosen.  One fitting recommendation that could be made by the panel would be to call a review conference to evaluate the vitality of organizational structures and the commitment of its participating States.  There is a long tradition of this kind of self-assessment at the OSCE and such a move would be especially appropriate in the anniversary year.  It would also address the call made by several states to take a comprehensive look at the future work of the OSCE. All European institutions play important roles for ensuring the security of the region.  Yet, OSCE remains the most agile instrument for promoting our dearest and most enduring values.  It is not about quick fixes or flashy actions, but works slowly over the long term to create true stability and cooperation.  Other institutions may also help motivate nations to take a path compatible with democracy.  But only the OSCE has the inclusivity, the agreed values and the presence on the ground to get them over the finish line. Sofia a failure for lack of a joint communiqué?  No, not at all.  If you are looking for a “statement” of the OSCE’s vitality, read it in the faces on Independence Square in Kiev; in the recent history of Slovenia, its incoming Chairman; and in the fear with which it is regarded by those who would wield disproportionate power over their citizens.

  • Religious Freedom in Southeastern Europe

    By H. Knox Thames, CSCE Counsel While the free practice of religion is generally enjoyed in Southeastern Europe, problematic policies exist that run counter to commitments made when countries from the region joined the Organization for Security and Cooperation in Europe (OSCE). Issues range from discriminatory legal schemes denying small religious communities registration to harsh government actions against unpopular religious groups and their leaders. As will be discussed, having a legal mechanism for religious groups to achieve juridical personhood is important in ensuring religious freedom for all. Furthermore, this does not necessitate the creation of special religion laws, as legal status can be established through tax or corporation laws. Albanian and Bosnian Examples Despite shortcomings in other areas, Albania’s system for conferring registration and legal status to religious communities could serve as a model to others in the region. All religious groups with at least five members and meeting minimal criteria may obtain legal and non-profit status under the Law on Associations, the same status given to any applicant group, whether religious or secular. Albania’s neutral approach avoids the problematic entanglements of special religion laws common elsewhere in the region. Bosnia and Herzegovina missed an opportunity to lead by example, as many parts of its recently passed Law on Freedom of Religion and the Legal Position of Churches and Religious Communities are well constructed, explicitly protecting manifestations of religious belief while limiting the ability of the government to interfere in the internal affairs of a religious group. Unfortunately, the law also contains troubling provisions which include penalties against free speech while setting numerical thresholds for obtaining legal status. For unregistered groups to qualify for official status, they must meet a membership threshold of at least 300 citizens. The law could be brought into harmony with OSCE commitments, should the Bosnian parliament amend the law, either expunging or significantly reducing this numerical requirement. While there has been marked improvement in recent years, the lack of physical security for minority religious communities and their places of worship as well as ineffective law enforcement and judicial action remain real problems. Police and prosecutors in Bosnia and Herzegovina have proven slow or unwilling to protect minority groups in some areas. The answer is not a specially crafted religion law with novel criminal penalties, but better enforcement of current laws by police and determined prosecutions by authorities. OSCE Leadership: Bulgaria and Slovenia Despite Bulgaria’s status as OSCE Chairman-in-Office in 2004, religious freedom conditions took a turn for the worse when, in July, the authorities seized properties used by the alternative Bulgarian Orthodox synod for more than 10 years. The 2002 Law on Religions blatantly favors the Bulgarian Orthodox Church over the alternative Orthodox synod and other religious groups, thereby providing legal cover for the church seizures. While there is no numerical threshold for registration, the legal system established by the law appears open to manipulation and arbitrary decisions. Additionally, the sanctions available under the Law on Religions are also ambiguous yet far-reaching, potentially restricting a variety of religious freedom rights. It is not too late for Bulgarian authorities to erase this dark spot by immediately reinstating to the alternative synod full control of the seized properties until the courts settle the dispute. The overall situation for religious freedom is good in Slovenia, which became Chairman-in-Office of the OSCE on January 1, 2005. The registration system for religious communities is simple, and there are no numerical thresholds or formal requirements to overcome. While the small Muslim community in Ljubljana has experienced problems in obtaining permission to build a mosque, it appears the matter is being resolved. One city counselor successfully initiated a referendum in May opposing the zoning regulation change to allow the building of the mosque. However, the Constitutional Court found the referendum to be unconstitutional, thereby removing this hurdle to construction. It is hoped there will be no further bureaucratic delays, so construction can begin as Slovenia takes up the OSCE chairmanship. Law and Practice in Croatia and Macedonia While the freedom to practice religion is generally respected in Croatia, the Law on the Legal Status of Religious Communities passed in July 2002 falls short of OSCE commitments, establishing a discriminatory, tiered system of registration. For a new religious group to enjoy the rights and benefits available with the higher Religious Communities status, it must demonstrate a membership of at least 500 individuals and be registered under the lesser Religious Association status for five years. Benefits explicitly given to Religious Communities include: freedom to operate independently; capacity to determine their internal organization; freedom to conduct religious meetings in their own or leased space; tax exemptions; the right to establish schools; and ability to receive state funding. Considering Croatia’s candidacy for the European Union, current EU members France, the Netherlands, Italy, Germany, and Slovenia do not use membership thresholds in conferring registration. In addition to the excessive numerical threshold and the five-year prohibition on registering new groups as Religious Communities, the law declares that the name and insignia of a religious group may not contain the official names and insignia of other countries. Doing so will cause the denial of registration. In addition, it is unclear under the law whether Religious Communities or Associations may legally conduct meetings in private homes or apartments. To lessen the likelihood of problems in the future and to set a positive example for others, Croatia should correct these deficiencies, as well as eliminate or significantly reduce the 500-member threshold. The legal framework governing religious freedom in Macedonia is ambiguous, due to Constitutional Court decisions striking down provisions of the 1997 Law on Religious Communities and Religious Groups, such as the numerical threshold for registration. Since religious groups are required to register, the lack of a clear mechanism can be problematic. Adding to the confusion, the U.S. State Department reports that the remaining provisions of the religion law are not consistently applied, leading to arbitrary delays in granting registration. The government could easily close this gap by creating simple avenues to obtain equal status either through the civil or administrative code. In addition to these legal problems, concern exists about the situation surrounding Bishop Jovan (Zoran Vraniskovski). Macedonian officials, in response to the ecclesiastical dispute concerning the status of the Macedonian Orthodox Church, have over-reacted to Jovan’s activities on behalf of the Serbian Orthodox Church. Authorities in January 2004 arrested Jovan for conducting a church service in a private apartment. Responding to complaints of neighbors about disturbing the peace is appropriate, but sentencing him to 18 months in jail for “causing national, racial or religious hate, discord and intolerance” is excessive and unjustified. Escalating things further, police officials in October reportedly bulldozed the foundations of a new chapel Jovan’s followers had begun to build, allegedly because local authorities had not received permission to start construction. (There is also concern about reports the government intends to demolish another Serbian Orthodox Church established in the village of Luzani.) Those sympathetic to the larger issues surrounding the Macedonian Orthodox Church and its status should be among the first to defend the rights of others to participate in the church of their choosing. The government, at least, must exhibit more restraint and end these harassments, and also pay reparations for the destroyed buildings. Problematic Draft Laws Elsewhere The legal framework for Serbia remains uncertain, since the 1976 communist-era law was abandoned in 1993. A draft religion law circulated earlier this year contained numerous shortcomings, blatantly tilting the playing field in favor of seven “traditional” communities and establishing the numerical threshold of 1000 members for new groups to register. Despite improvements, the new draft micromanages the affairs of religious groups, while making contingent most of the rights and benefits available to religious communities on the meeting of the burdensome 1000-member threshold. For smaller groups, this will result in the serious limitation of their activities; the draft prohibits unregistered groups from renting or owning land for worship, using private apartments for meetings, holding public events, receiving donations or opening schools or orphanages. Registration can be revoked for vague and arbitrary reasons – if a group “destroys family” or “disrupts spiritual integrity . . . for the purpose of . . . spreading its doctrine.” The draft reaches into the internal affairs of religious groups, as all are “obliged” to “inspire understanding” of others and not “spread lies, prejudices or intolerance” against other faiths. In addition, local officials would be empowered to monitor how religious groups use voluntary contributions. Serbian authorities are urged to seek technical assistance and input from individuals on the OSCE Panel of Experts on Religious Freedom or Belief, just as their predecessors at the federal, Yugoslav level did roughly two years ago, in order to develop a new draft that comports with international norms and practice. Regarding other issues, a dispute over a Romani church in Leskovac will be resolved when municipal authorities fulfill a pledge to provide some of the land nearby for an alternative site. The State Department reports the Belgrade Islamic community continues to have problems obtaining land and government approval to open an Islamic cemetery. In addition, in response to the burning of two mosques in March, reports indicate that 12 people of the 100 plus arrested have been charged with criminal offenses, and news of convictions should be forthcoming. There is also concern about religious freedom in Kosovo, as reportedly only three individuals have been found guilty for their involvement in the March violence that resulted in the destruction or damage of 30 Serbian Orthodox Churches and monasteries. The two-year prison sentences issued were suspended, making the penalties nothing more than a slap on the wrist. In addition, recent legislative initiatives are troubling, as the latest draft of the Law on Religious Freedom and Legal Status of Religious Communities falls short of international standards. The drafting process has been closed to minority religious communities, as well. The comments of minority communities should be actively sought and fully considered during the public debate. Among its many problematic portions, the draft creates the preferential status of a Religious Community, while providing virtually no rights for the lesser Union of Natural Persons. Small or new groups are prevented from obtaining Religious Community status, as they must have 500 members and have been operating in Kosovo for at least five years, but it is unclear how that time is tolled. Only Religious Communities can publish materials, either in print or electronically, or obtain funds from voluntary contributions. The draft unduly limits speech and activities of all groups, stating they shall not “disrupt other religious communities, or citizens without religious convictions, in public manifestation of religion or other conviction.” The government may also select certain religious groups to participate in the Committee for Relations with Religious Communities, thereby giving favored faiths an inappropriate degree of oversight or veto over other religious groups. Lastly, for existing Religious Communities, the law would make rights contingent on reregistering successfully within six months of passage. There is growing concern by reports coming out of Romania regarding a new draft religion law being reviewed by a parliamentary subcommittee. Reliable sources indicate this legislation is based on the highly flawed 1999 draft, which set the numerical threshold for registration at 0.5% of Romania’s population, or over 100,000 people. If reports are true, it is deeply concerning that the parliament would resurrect this seriously problematic bill rather than starting afresh and incorporating the views of interested Romanian religious communities. The OSCE Panel of Experts would be willing to provide technical assistance if invited by the government, and such a gesture would help ensure the legislation upholds all OSCE commitments on religious freedom.

  • Democratization in Central Asia

    Mr. Speaker, as the 108th Congress comes to an end, I want to make some observations about democratization in Central Asia, an energy-rich and geo-strategically important region. All these states are ruled by secular leaders who cooperate with Washington against terrorists. There are U.S. bases in Uzbekistan and Kyrgyzstan, to help promote stabilization in Afghanistan. This collaboration benefits us, as well as Central Asian presidents, and should certainly continue. But unfortunately, these countries are some of the worst human rights violators in the OSCE space. Everywhere in the region, super-presidents dominate the political arena, with parliaments and judicial systems dependent on the executive branch. Media are under heavy government pressure; in Uzbekistan and Turkmenistan, Soviet-era censorship continues in force. Equally characteristic of Central Asian states is corruption, which has not only enriched the ruling families and the favored few at the top but has impeded the development of free media and independent courts.   True, much of this characterization could be said about all the post-Soviet states to some degree, including Russia. But it is important to point out that there is a counter, or competing tendency in the region, exemplified by Georgia’s Rose Revolution of a year ago. While Georgia has a long way to go, there is no doubt about the legitimacy or popularity of its leader, President Mikheil Saakashvili. Also the peaceful protest movement he led to overturn the results of a rigged election has emboldened opposition activists throughout the former Soviet Union to believe that society may yet be able to have a voice in who governs and how.   Central Asian leaders were quick to claim that circumstances in Georgia were so different from their own that no parallels were possible. Still, the Georgian example sent shivers down their spines. That is one reason why the elections in Central Asia that have taken place this year have been, as they were in the past, carefully controlled, with predictable outcomes.   Uzbekistan, for example, is holding parliamentary elections in December. No opposition parties have been allowed to operate in Uzbekistan since 1992-1993. Despite pressure from Washington, Tashkent refused to register opposition parties this year, leaving only five pro-government parties to participate. Moreover, Uzbek authorities have contrived to keep opposition candidates from registering in single mandate races – even though officials told the U.S. Delegation to the OSCE Human Dimension Implementation Review Meeting in Warsaw in October that opposition candidates would be able to run. The result is obvious in advance: another pro-government, pocket parliament, with no dissenting voices and no capacity to perform any oversight of the executive branch. It should be noted that there have been several outbursts of popular dissatisfaction in Uzbekistan in the last few months; President Islam Karimov’s tightly-run political system may be less stable than many suppose.   In neighboring, oil-rich Kazakhstan, opposition parties are registered and were able to compete in September’s parliamentary election. Kazakhstan had previously expressed its desire to become OSCE Chairman-in-Office in 2009, and many observers linked Kazakhstan’s chances to a good grade on the parliamentary election. But the assessment of OSCE and Council of Europe monitors – citing numerous infractions and an uneven playing field for pro-government parties and the opposition – was critical. Kazakhstan’s chances of winning the OSCE Chairmanship have clearly diminished. At the same time, President Nursultan Nazarbaev – who is under investigation for corruption by the U.S. Department of Justice – has announced his intention to run, yet again, for reelection in 2006. Some commentators speculate that he may hold snap elections next year, to keep his opposition off guard. Should he win and serve out another seven-year term, he will have been in office almost 25 years.   Obviously, Mr. Speaker, Central Asian leaders do not find the responsibilities of the presidency too burdensome: Tajikistan’s President Imomaly Rakhmonov last year orchestrated a referendum on constitutional changes that could allow him to remain in office until 2020. True, Tajikistan is the only country in Central Asia where Islamic political activism is tolerated. We await with interest the parliamentary elections, in which opposition and Islamic parties will participate, scheduled for next February.   As for Turkmenistan, one of the most repressive countries on earth, I’m pleased to note that freedom of religion advanced a bit. The government of President Saparmurat Niyazov took some steps to liberalize the process of registration for confessions – instead of 500 adult members per locality, now only five nationwide are needed to register a community. For years, only Sunni Islam and Russian Orthodoxy were legal; now Ashgabat has registered Baptists, Adventists, Hare Krishna’s, and Baha’is. Moreover, the authorities released six Jehovah’s Witnesses, although two others remain jailed along with the former grand mufti. These steps – taken under Western and especially U.S. pressure, but which we welcome nonetheless – allowed Turkmenistan to escape designation by the U.S. Government as a Country of Particular Concern this past year. However, troubling reports continue to emerge about limitations on religious freedom and harassment of registered and unregistered religious communities. We must continue to monitor the situation closely and encourage Turkmenistan to continue moving forward with reforms, as even the improved situation is far from meeting OSCE standards on religious freedom.   In all other respects, however, democratization has made no progress. Turkmenistan remains the only one-party state in the former Soviet bloc and Niyazov’s cult of personality continues unabated. Recently, he tried to discuss holding presidential elections in 2008. But in a farcical scene, the assembled officials and dignitaries refused to hear of it. They “insisted” that Niyazov remain Turkmenistan’s leader in perpetuity; he, duly humbled by their adulation, took the issue off the table.   This brings us to Kyrgyzstan, in many ways the most intriguing of the Central Asian states. Of all the region’s leaders, only President Askar Akaev, who has held office for almost 15 years, has announced his intention not to run next year for reelection – though he has phrased the pledge carefully if he changes his mind. Kyrgyzstan is also the only Central Asian country where a large-scale protest movement has ever seemed poised to force a Head of State out of office: in summer 2002, thousands of people furious about the shootings of demonstrators in a southern district blocked the country’s main road, and threatened a mass march on the capital, Bishkek. Ultimately, the movement petered out but the precedent of public activism was set.   President Akaev’s stated intention not to run again, the upcoming parliamentary (February 2005) and presidential (October 2005) elections and Kyrgyzstan’s history of protest movements make for an interesting situation. In the next few months, Akaev must make fateful decisions: the most important is whether or not to run again. If he chooses to stay in office for another term, he risks sparking demonstrations. Though Kyrgyzstan is not Georgia, something akin to a Rose Revolution should not be excluded as a possible scenario. If Akaev opts to step down, however, we should not expect that he, his family and entourage would permit free and fair elections. More likely, he will try to select a successor – as Boris Yeltsin did with Vladimir Putin in Russia – and act to ensure his victory. But that course, too, could lead to protests.   Any decision Akaev makes – with intrusive, anxious neighbors looking over his shoulder – is risky and might have resonance beyond Kyrgyzstan’s borders. For that reason, the elections in Kyrgyzstan next year are of great interest not only to the voters of that country but to capitals near and far. Mr. Speaker, I hope to be able to report to this chamber next year that democratization has made strides in Central Asia.

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