Title

Helsinki Commission, Lantos Commission Announce Joint Briefing on Turkish Referendum

Thursday, April 27, 2017

WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, and the Tom Lantos Human Rights Commission, today announced the following briefing:

TURKEY POST-REFERENDUM: INSTITUTIONS AND HUMAN RIGHTS

Tuesday, May 2, 2017
10:30 AM
Rayburn House Office Building
Room 2255

Human rights abuses by the Turkish government have proliferated under the state-sanctioned emergency measures imposed in the aftermath of the July 2016 failed coup attempt.  Turkish authorities have fired as many as 130,000 public workers, including teachers, academics, police officers, and soldiers, and thousands have been arrested.

Hundreds of journalists have had their credentials revoked and dozens of media outlets have been shut down. Human rights groups have documented widespread reports of intimidation, ill-treatment and torture of those in police custody.

On April 16, 2017, Turkey held a referendum on a package of amendments that transforms the country’s institutions in major ways. The position of prime minister was eliminated and the executive powers of the president were expanded, enabling him to appoint ministers without parliamentary approval, exert more influence over the judiciary, and call early elections. Coming on top of the post-coup crackdown, how will Turkey’s changing institutions affect human rights in the country?

Panelists will discuss how U.S. policy makers can most effectively encourage the protection of human rights to promote the interests of the Turkish people given the strategic importance of the U.S.-Turkey bilateral relationship.

The following panelists are scheduled to participate:

  • Henri Barkey, Director, Middle East Program, Wilson Center
  • Ebru Erdem-Akçay, Turkish political scientist
  • Beata Martin-Rozumilowicz, Regional Director for Europe and Eurasia, International Foundation for Electoral Systems
  • Nate Schenkkan, Project Director, Nations in Transit, Freedom House
Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
Relevant countries: 
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  • Copenhagen Anniversary Conference

    By Orest Deychakiwsky, Policy Advisor Representatives from a majority of the 56 OSCE participating States and several dozen non-governmental organizations (NGOs) gathered in Copenhagen on June 10-11 to mark the 20th anniversary of the adoption of the 1990 Copenhagen Document and to assess implementation of key provisions of that landmark document. The anniversary conference, titled “20 years of the OSCE Copenhagen Document: Status and Future Perspectives,” was co-organized by the Kazakhstani OSCE Chairmanship and Denmark, and held at the Eigtveds Pakhus, Danish Ministry of Foreign Affairs. Michael Haltzel led the U.S. delegation, which was joined by U.S. Ambassador to the OSCE, Ian Kelly and representatives from the OSCE Mission in Vienna, the State Department and the Helsinki Commission. Five substantive working sessions, reflecting some of the major themes of the groundbreaking Copenhagen Document, were held: Democratic processes – elections and human rights; Rule of Law; National Minorities; Freedom of Movement; and Measures to improve implementation of the human dimension commitments. Many speakers highlighted the historic importance of the Copenhagen Document, which offered a blueprint for pluralistic democratic development, rooted in the rule of law and protection of human rights, throughout the OSCE region – a revolutionary document at the time and one that remains highly relevant two decades later. The June 1990 Copenhagen Meeting came at a unique time in history when dramatic changes were taking place; the fall of the Berlin Wall and subsequent collapse of one-party regimes in Eastern Europe had taken place only months earlier. And the following year – 1991 -- witnessed the emergence of 15 independent states with the dissolution of the Soviet Union. Truly, those were dynamic days during which sweeping new commitments -- which would have been impossible to garner consensus for years or even months prior -- received universal support. Indeed, it is questionable as to whether consensus to the Copenhagen agreement would be found today, given the democratic and human rights backsliding that has occurred in a number of participating States. The Copenhagen Document underlines the centrality of political pluralism, civil society and human rights as fundamental elements of functioning democracies. As Ambassador Max Kampelman, the head of the U.S. delegation to the 1990 conference summed it up, “In effect, the Copenhagen document represents the first formal proclamation, by the States themselves, of a Europe both whole and free.” It identified the protection of human rights and fundamental freedoms as one of the basic purposes of government and acknowledged that democracy is an inherent element of the rule of law. Among the achievements of the Copenhagen Document were the far-reaching commitments on democratic elections which laid the groundwork for the OSCE’s future activities with respect to election observation. Copenhagen also represented a significant step forward with respect to the protection of minorities, and for the first time there was a direct reference to Roma and to anti-Semitism. While participants at the anniversary meeting underscored the significant progress over the last 20 years, many also called for fuller compliance with the Copenhagen commitments, noting, for instance, backsliding in holding democratic elections in some participating States; suppression of civil society, including independent media, NGOs and human rights defenders; the deficit of impartial and independent justice; and the lack of separation of powers – especially the concentration of power in the executive. The last session of the conference discussed measures to improve implementation of human dimension commitments, including the prevention of human rights violations through the use of reporting before the violations occur; enhancement of standards and commitments; strengthened monitoring mechanisms, including a U.S. proposal to dispatch special representatives to investigate reports of egregious human rights violations and make corrective recommendations before the violations become entrenched; and improved cooperation with, and involvement of, civil society actors in advancing democracy, human rights and the rule of law. Ultimately, however, compliance with existing standards enshrined in the Copenhagen Document, the Helsinki Final Act and all other OSCE commitments remains the primary responsibility of the participating State.

  • Cyprus

    Mr. CARDIN. Mr. President, I rise today to draw the attention of my colleagues to the legacy of the July 20, 1974, invasion of Cyprus by Turkey and its ongoing occupation of that island nation. Thirty-six years later, the human dimension of the conflict and the artificial division of the country is evident in many areas. As Chairman of the Helsinki Commission, I am particularly mindful of the violations of human rights stemming from the occupation. I have walked along the U.N.-monitored buffer zone that cuts through the capital city of Nicosia. A visitor to Cyprus need not look far to discover the scars left by the artificial division of a capital and a country. A year ago this week, the Helsinki Commission held a public briefing, "Cyprus' Religious Cultural Heritage in Peril,'' to draw attention to this aspect of the legacy of the events of 1974. Experts at that briefing documented the scope of the destruction of sites in the north, including Orthodox churches, chapels and monasteries as well as those of other Christian communities. According to Archbishop Chrysostomos II, leader of the Church of Cyprus, over 500 religious sites in the area have been seriously damaged or destroyed. Subsequent to the briefing that Church of Cyprus filed a formal case with the European Court of Human Rights regarding its religious sites and other property in the north. A report prepared by the Law Library of Congress, "Destruction of Cultural Property in the Northern Part of Cyprus and Violations of International Law'' was released at the briefing. Helsinki Commission staff traveled throughout the region, visiting numerous churches, each in various stages of deterioration, all plundered, stripped of religious objects, including altars, iconostasis and icons. Other sites have been turned into tourist resorts, storage warehouses or other purposes, including stables, shops, and night clubs. Among photos on display at the briefing were those showing the desecrated ruins of graves with all of the crosses broken off of their bases and smashed. A nearby shed was stacked with broken headstones. A number of Jewish cemeteries in the region, according to reports, have likewise been vandalized and left in shambles. Finally, even the rare occasions when Orthodox services that are allowed to be conducted in the north such exceptional events are occasionally marred by security forces preventing worshipers from crossing into the area or the disruption of religious services. The Commission recently received an update from Dr. Charalampos Chotzakoglou, one of the experts who testified at our 2009 briefing. He reports a number of disturbing developments over the past year, including road construction through a church yard; transport of grave markers robbed from desecrated cemeteries, reportedly to be recycled as scrap metal; the further looting of artifacts from churches; and the known conversion of another church building into a night club. Dr. Chotzakoglou also reports on the continued difficulties in securing permission to conduct religious services at some of the sites in the north. The events of 1974 have taken a tremendous toll in so many areas, including Cyprus' rich religious cultural heritage. As we mark this 36th anniversary, let us join in the hope that a resolution of the Cyprus question hammered out, by the Cypriots and for the Cypriots, will be found.

  • A Decade of the Trafficking in Persons Report

    Senator Benjamin L. Cardin convened a standing-room only hearing centered on the diplomatic impact of the Trafficking in Persons (TIP) Report.  The hearing focused on the ten years that the annual TIP report has been prepared by the State Department. Improvements to TIP-related efforts were suggested, such as working more closely with the Tier 2 Watch List countries in the OSCE Region, – Azerbaijan, Moldova, the Russian Federation, Tajikistan, Turkmenistan, and Uzbekistan – helping them to implement the changes necessary to meet the minimum standards and to avoid statutory downgrades which will otherwise be required in next year’s TIP report. Witnesses testifying at this hearing – including Luis CdeBaca, Ambassador at Large of the U.S. Department of State Office to Monitor and Combat Trafficking in Persons; Maria Grazia Giammarinaro, Special Representative and Coordinator for Combating Trafficking in Human Beings of the Organization for Security and Cooperation in Europe; Jolene Smith, CEO & Co-Founder of Free the Slaves; and Holly J. Burkhalter, Vice President for Government Relations of the International Justice Mission – explored ways to potentially create extra-territorial jurisdiction for trafficking cases.  They also focused on ways to deter demand for trafficking victims in all countries, including Tier 1 countries.

  • Global Threats, European Security and Parliamentary Cooperation

    From nuclear security to climate change, global terrorism to anti-corruption efforts, this hearing examined what parliamentarians can do to work together on some of the most significant challenges facing the world. Members addressed European and Central Asian security concerns, including unresolved conflicts in the Balkans and elsewhere, and considered how international parliaments can cooperate to address challenges related to trafficking, tolerance, and democratic development, including elections and media freedom.

  • OSCE Representative Cites Threats to Free Media

    Mr. HASTINGS of Florida. Madam Speaker, as Co-Chairman of the Helsinki Commission, I wish to draw the attention of colleagues to the timely and informative testimony of the OSCE Representative on Freedom of the Media, Dunja Mijatovic, who testified earlier today at a Commission hearing on ``Threats to Free Media in the OSCE Region.'' She focused on various threats to journalists and independent media outlets, including physical attacks and adoption of repressive laws on the media as well as other forms of harassment. Most troubling is the murder of journalists because of their professional activities. According to the U.S.-based Committee to Protect Journalists, 52 journalists have been killed in Russia alone since 1992, many reporting on corruption or human rights violations. Ms. Mijatovic also flagged particular concern over existing and emerging threats to freedom on the Internet and other communications technologies. She also voiced concern over the use of criminal statutes on defamation, libel and insult which are used by some OSCE countries to silence journalists or force the closure of media outlets. With respect to the situation in the United States, she urged adoption of a shield law at the federal level to create a journalists' privilege for federal proceedings. Such a provision was part of the Free Flow of Information Act of 2009, which passed the House early in the Congress and awaits consideration by the full Senate.  As one who has worked to promote democracy, human rights and the rule of law in the 56 countries that comprise the OSCE, I share many of the concerns raised by Ms. Mijatovic in her testimony and commend them to colleagues.    ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE REPRESENTATIVE ON FREEDOM OF THE MEDIA  (By Dunja Mijatovic) [From the Helsinki Commission Hearing on the Threats to Free Media in the OSCE Region, June 9, 2010]  Dear Chairmen, Distinguished Commissioners, Ladies and Gentlemen,  I am honored to be invited to this hearing before the Helsinki Commission at the very beginning of my mandate. I feel privileged to speak before you today. The Helsinki Commission's welcoming statement issued on the day of my appointment is a clear manifestation of the strong support you continuously show toward the work of this unique Office, and I assure you, distinguished Commissioners, that this fact is very much appreciated.  It will be three months tomorrow since I took office as the new Representative on Freedom of the Media to the OSCE. Even though three months may sound short, it has proved more than enough to gain a deep insight, and unfortunately also voice concerns, about the decline of media freedom in many of the 56 countries that today constitute the OSCE.  Although the challenges and dangers that journalists face in our countries may differ from region to region, one sad fact holds true everywhere: The freedom to express ourselves is questioned and challenged from many sides. Some of these challenges are blatant, others concealed; some of them follow traditional methods to silence free speech and critical voices, some use new technologies to suppress and restrict the free flow of information and media pluralism; and far too many result in physical harassment and deadly violence against journalists.  Today, I would like to draw your attention to the constant struggle of so many institutions and NGOs around the world, including your Commission and my Institution, to combat and ultimately stop violence against journalists. I would also like to address several other challenges that I want to place in the center of my professional activities, each of which I intend to improve by relentlessly using the public voice I am now given at the OSCE.  Let me first start with violence against journalists.  Ever since it was created in 1997, my Office has been raising attention to the alarming increase of violent attacks against journalists. Not only is the high number of violent attacks against journalists a cause for concern. Equally alarming is the authorities' far too-prevalent willingness to classify many of the murders as unrelated to the journalists' professional activities. We also see that more and more often critical speech is being punished with questionable charges brought against the journalists.  Impunity of perpetrators and the responsible authorities' passivity in investigating and failing to publicly condemn these murders breeds further violence. There are numerous cases that need to be raised over and over again. We need to continue to loudly repeat the names of these courageous individuals who lost their lives for the words they have written. I am sorry for all those whom I will not mention today; but the names that follow are on the list that I call ``the Hall of Shame'' of those governments that still have not brought to justice the perpetrators of the horrifying murders that happened in their countries.  The most recent murder of a journalist in the OSCE area is the one of the Kyrgyz opposition journalist Gennady Pavlyuk (Bely Parokhod), who was killed in Kazakhstan in December last year. It gives me hope that the new Interim Government of Kyrgyzstan has announced to save no efforts to bring the perpetrators to justice, as well as those involved in the 2007 murder of Alisher Saipov (Siyosat).  The Russian Federation remains the OSCE participating State where most members of the media are killed. Paul Klebnikov (Forbes, Russia), Anna Politkovskaya (Novaya Gazeta), Anastasia Baburova (Novaya Gazeta), are the most reported about, but let us also remember Magomed Yevloyev (Ingushetiya), Ivan Safronov (Kommersant), Yury Shchekochikhin (Novaya Gazeta), Igor Domnikov (Novaya Gazeta), Vladislav Listyev (ORT), Dmitry Kholodov (Moskovsky Komsomolets) and many others.  We also should not forget the brutal murders of the following journalists, some remain unresolved today:  Hrant Dink (Agos) Armenian Turkish journalist was shot in 2007 in Turkey.  Elmar Huseynov (Monitor) was murdered in 2005 in Azerbaijan.  Georgy Gongadze (Ukrainskaya Pravda) was killed in 2000 in Ukraine.  In Serbia, Slavko Curuvija (Dnevni Telegrat) was murdered in 1999, and Milan Pantic (Vecernje Novosti) was killed in 2001.  In Montenegro, Dusko Jovanovic (Dan), was shot dead in 2004.  In Croatia, Ivo Pukanic (Nacional) and his marketing director, Niko Franjic, were killed by a car bomb in 2008.  Violence against journalists equals violence against society and democracy, and it should be met with harsh condemnation and prosecution of the perpetrators. There can be no improvement without an overhaul of the very apparatus of prosecution and law enforcement, starting from the very top of the Government pyramid.  There is no true press freedom as long as journalists have to fear for their lives while performing their work. The OSCE commitments oblige all participating States to provide safety to these journalists, and I will do my best to pursue this goal with the mandate I am given and with all professional tools at my disposal.  We also observe another very worrying trend; more and more often the imprisonment of critical journalists based on political motivations including fabricated charges. Let me mention some cases:  In Azerbaijan, the prominent editor-in-chief of the now-closed independent Russian-language weekly, Realny Azerbaijan, and Azeri-language daily, Gundalik Azarbaycan, Eynulla Fatullayev was sentenced in 2007 to a cumulative eight-and-a-half years in prison on charges on defamation, incitement of ethnic hatred, terrorism and tax evasion. The European Court of Human Rights (ECtHR) found Azerbaijan in violation of Article 10 and Article 6, paragraphs 1 and 2 of the European Convention on Human Rights, so there is only one possible outcome--Fatullayev should be immediately released.  In Kazakhstan, Ramazan Yesergepov, the editor of Alma-Ata Info, is serving a three-year prison term on charges of disclosing state secrets.  Emin Milli and Adnan Hajizade, bloggers from Azerbaijan, are serving two and a half years and two years in prison respectively since July 2009 on charges of hooliganism and infliction of light bodily injuries.  In Uzbekistan, two independent journalists, Dilmurod Saiid (a freelancer) and Solijon Abdurahmanov (Uznews), are currently serving long jail sentences (twelve-and-a-half-years and ten years) on charges of extortion and drug possession.  I will continue to raise my voice and demand the immediate release of media workers imprisoned for their critical work.  I join Chairman Cardin for commending independent journalists in the Helsinki Commission's recent statement on World Press Freedom Day. These professionals pursue truth wherever it may lead them, often at great personal risk. They indeed play a crucial and indispensable role in advancing democracy and human rights. By highlighting these murder and imprisonment cases, by no means do I intend to neglect other forms of harassment or intimidation that also have a threatening effect on journalists. Let me just recall that, with the heightened security concerns in the last decade, police and prosecutors have increasingly raided editorial offices, journalists' homes, or seized their equipment to find leaks that were perceived as security threats. Suppression and restriction of Internet Freedom  Turning to the problems facing Internet freedom, we can see that new media have changed the communications and education landscape in an even more dramatic manner than did the broadcast media in the last half century. Under my mandate, the challenge has remained the same: how to safeguard or enhance pluralism and the free flow of information, both classical Helsinki obligations within the OSCE.  It was in 1998 that I read the words of Vinton G. Cerf in his article called ``Truth and the Internet''. It perfectly summarizes the nature of the Internet and the ways it can create freedom.  Dr. Cerf calls the Internet one of the most powerful agents of freedom: It exposes truth to those who wish to see it. But he also warns us that the power of the Internet is like a two-edged sword: it can also deliver misinformation and uncorroborated opinion with equal ease. The thoughtful and the thoughtless co-exist side by side in the Internet's electronic universe. What is to be done, asks Cerf.  His answer is to apply critical thinking. Consider the Internet as an opportunity to educate us all. We truly must think about what we see and hear, and we must evaluate and select. We must choose our guides. Furthermore, we must also teach our children to think more deeply about what they see and hear. That, more than any electronic filter, he says, will build a foundation upon which truth can stand.  Today, this foundation upon which truth could indeed so firmly stand is under continuous pressure by governments. As soon as governments realized that the Internet challenges secrecy and censorship, corruption, inefficiency and bad governing, they started imposing controls on it. In many countries and in many ways the effects are visible and they indeed threaten the potential for information to circulate freely.  The digital age offers the promise of a truly democratic culture of participation and interactivity. Realizing that promise is the challenge of our times. In the age of the borderless Internet, the protection of the right to freedom of expression ``regardless of frontiers'' takes on a new and more powerful meaning.  In an age of rapid technological change and convergence, archaic governmental controls over the media are increasingly unjust, indefensible and ultimately unsustainable. Despite progress, many challenges remain, including the lack of or poor quality of national legislation relating to freedom of information, a low level of implementation in many OSCE member states and existing political resistance.  The importance of providing free access for all people anywhere in the world cannot be raised often enough in the public arena, and cannot be discussed often enough among stakeholders: civil society, media, as well as local and international authorities.  Freedom of speech is more than a choice about which media products to consume.  Media freedom and freedom of speech in the digital age also mean giving everyone--not just a small number of people who own the dominant modes of mass communication, but ordinary people, too--an opportunity to use these new technologies to participate, interact, build, route around and talk about whatever they wish--be it politics, public issues or popular culture. The Internet fundamentally affects how we live. It offers extraordinary opportunities for us to learn, trade, connect, create and also to safeguard human rights and strengthen democratic values. It allows us to hear each other, see each other and speak to each other. It can connect isolated people and help them through their personal problems.  These rights, possibilities and ideals are at the heart of the Helsinki Process and the OSCE principles and commitments that we share. We must find the best ways to spread access to the Internet, so that the whole world can benefit from what it can offer, rather than increasing the existing gaps between those who have access to information and those who do not. And to those governments who fear and distrust the openness brought along by the Internet, let me emphasize over and over again:  The way a society uses the new communications technologies and how it responds to economic, political and cultural globalization will determine the very future of that society. Restrict access to information, and your chances to develop will become restricted. Open up the channels of free communication, and your society will find ways to prosper.  I was delighted to hear Secretary of State Clinton speak about a basic freedom in her January speech on Internet freedom in the ``Newseum''. This freedom is the freedom to connect. Secretary Clinton rightly calls this freedom the freedom of assembly in cyber space. It allows us to come together online, and shape our society in fundamental ways. Fame or money is no longer a requisite to immensely affect our world.  My office is rapidly developing a comprehensive strategy to identify the main problems related to Internet regulation in the 56 countries of the OSCE, and ways to address these issues. I will count on the support of the Helsinki Commission to advance the universal values that this strategy will attempt to extend to those countries where these values are still being questioned.  Let me also mention the importance to protect the freedom of other new technologies.  Only two weeks ago, my Office organized the 12th Central Asia Media Conference in Dushanbe, Tajikistan, where media professionals from all five Central Asian countries adopted a declaration on access to information and new technologies. This document calls on OSCE governments to facilitate the freer and wider dissemination of information, including through modern information and communication technologies, so as to ensure wide access of the public to governmental information.  It also reiterates that new technologies strengthen democracy by ensuring easy access to information, and calls upon state institutions with legislative competencies to refrain from adopting new legislation that would restrict the free flow of information. And only this spring my Office published a guide to the digital switchover, to assist the many OSCE countries where the switch from analogue to digital will take place in the next five years. The aim of the guide is to help plan the digitalization process, and help ensure that it positively affects media freedom, as well as the choice and quality available to the audience.  Besides advocating the importance of good digitalization strategies, I will also use all available fora to raise attention to the alarming lack of broadcast pluralism, especially television broadcast pluralism, in many OSCE countries. As television is the main source of information in many OSCE regions, we must ensure that the laws allow for diverse, high-quality programs and objective news to easily reach every one of us. Only well-informed citizens can make good choices and further democratic values. Whether we talk about Internet regulation, inventive ways to switch to digital while preserving the dominance of a few selected broadcasters, attempts to limit access to information or broadcast pluralism, we must keep one thing in mind: No matter what governments do, in the long run, their attempts to regulate is a lost battle.  People always find ways to obtain the rights that are denied to them. History has shown this over and over again. In the short run, however, it is very clear that I will intervene with governments which try to restrict the free flow of information. Defamation  Similar to fighting violence against journalists, my Office has been campaigning since its establishment in 1997 to decriminalize defamation and libel in the entire OSCE region.  Unfortunately, in most countries, defamation is still punishable by imprisonment, which threatens the existence of critical speech in the media. This is so despite the consistent rulings of the European Court of Human Rights in Strasbourg, stating that imprisonment for speech offences, especially when committed by criticizing public figures, is a disproportionate punishment.  Let us again remind ourselves of the journalists and bloggers I have mentioned above when discussing violence against journalists. They are currently in prison because their writing was considered defamatory. Their fate reminds us all of the importance of the right to freely speak our mind.  This problem needs urgent reform not only in the new, but also in the old democracies of the OSCE. Although the obsolete criminal provisions have not been used in Western Europe for decades, their ``chilling effect'' remained.  Furthermore, the mere existence of these provisions has served as a justification for other states that are unwilling to stop the criminalization of journalistic errors, and instead leave these offenses solely to the civil-law domain.  Currently, defamation is a criminal offence in all but ten OSCE countries--my home country Bosnia and Herzegovina, Cyprus, Estonia, Georgia, Ireland, Moldova, Romania, Ukraine, the United Kingdom and the United States.  Last year, three OSCE countries decriminalized defamation, which I consider to be an enormous success: Ireland, Romania and the United Kingdom; the last being the first among the Western European participating States to officially decriminalize defamation.  Some other countries, such as Armenia, are currently reforming their defamation provisions, and I hope that I can soon welcome the next country that carries out this important and very long overdue reform.   Concluding remarks  Dear Chairmen,  Dear Commissioners,  Ladies and Gentlemen,  The above problematic areas--violence against journalists, restrictions of new media including the Internet, lack of pluralism and resistance to decriminalize defamation--are among the most urgent media freedom problems that need our attention and concentrated efforts today. However, we will also not forget about the many other fields where there is plenty of room to improve. Of course, I will not miss the excellent opportunity that we are here together today to raise your attention to the topic that my distinguished predecessor, Miklos Haraszti, has already raised with you: the establishment and the adoption of a federal shield law in the United States.  As you know, my Office has been a dedicated promoter of the federal shield law for many years. If passed, the Free Flow of Information Act would provide a stronger protection to journalists; it could ensure that imprisonments such as that of Judith Miller in 2005, and Josh Wolf in 2006, could never again take place and hinder investigative journalism. But the passage of such legislation would resonate far further than within the borders of the United States of America. It could send a very much needed signal and set a precedent to all the countries where protection of sources is still opposed by the government and is still not more than a dream for journalists.  I respectfully ask all of you, distinguished Commissioners, to continue and even increase your efforts to enable that the Free Flow of Information Act soon becomes the latest protector of media freedom in the United States.  And of course I cannot close my speech without mentioning my home country, Bosnia and Herzegovina. As you know, not only Bosnia and Herzegovina, but also most of the emerging democracies in the Balkans enjoy modern and forward-looking media legislation. We can openly say that they almost have it all when it comes to an advanced legal and regulatory framework enabling free expression to thrive. But it is not that simple. I use this moment to pose several questions: if there are good laws, then why do we still face severe problems in relation to media freedom, why do we stagnate and sometimes even move backward? Where does the problem lie? And, more importantly, how can we solve it and move ahead?  What Bosnia and Herzegovina shows us is that good laws in themselves are not enough. Without their good implementation, they are only documents filled with unrealized potential. In countries that struggle with similar problems, we must stress over and over again: without the full implementation of valid legislation, without genuine political will, without a comprehensive understanding of the media's role in a functioning democracy, without the creation of a safe environment for journalists to do their work, and without true commitment by all actors, these countries risk falling far behind international standards.  Apart from unmet expectations and disillusioned citizens, we all know that the consequences of politicized and misused media could be very serious. In conclusion, let me assure you, dear Commissioners, that I will not hesitate to openly and vigorously remind any country of their responsibilities toward implementing the OSCE commitments to the freedom of the media.  I am also asking you to use this opportunity today and send a clear message to the governments of all OSCE countries to do their utmost to fully implement their media legislation safeguarding freedom of expression. The governments have the power to create an environment in which media can perform their unique role free of pressures and threats. Without this, no democracy can flourish.  Thank you for your attention.

  • Scars of 1974 Invasion Abound as Leaders Seek to Reunite Cyprus

    By Ronald J. McNamara, Policy Advisor Cyprus’ unique location at the cultural crossroads of the eastern Mediterranean and important trade routes between Europe and the Middle East and beyond has shaped the island nation’s rich history. I recently returned to Cyprus to assess developments as the 35th commemoration of the Turkish invasion approaches and a significant portion of the country remains under occupation. Virtually every conversation during my visit, whether with officials or private citizens, touched on some aspect of the ongoing occupation of the country, the legacy of the 1974 invasion, or the prospects for a resolution of “the Cyprus issue.” In a country with slightly less than a million people covering an area slightly more than half the size of Connecticut, one is hard-pressed to find a Greek Cypriot or Turkish Cypriot family that has not been affected in one way or another by the conflict and its lingering impact. While the Cyprus conflict predated the 1975 signing of the Helsinki Final Act, many of the principles found in that historic document have particular applicability to the situation in Cyprus, including: territorial integrity of states; peaceful settlement of disputes; respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief; and fulfillment in good faith of obligations under international law. Cyprus and Turkey were both original signatories to the Final Act. Traveling to the remote Karpas peninsula, in northeastern Cyprus, I was able to speak with an elderly pensioner in Rizokarpaso, a town where thousands of Greek Cypriots once thrived.Today they number scarcely more than 200, the largest concentration of Greek Cypriots in the Turkish occupied north. A short distance from the main square, featuring a large statue of modern Turkey’s founder Kemal Atatürk on horseback, the gentleman described his existence amid a burgeoning population of newcomers from mainland Turkey. He explained that as elderly Greek Cypriots pass away in the area, their homes are occupied, often by “settlers.” The aged man, deeply rooted in the town, showed a fierce determination to remain despite the hardships, making clear that he would not be complicit with the effective cleansing of Greek Cypriots from the region. Within minutes after we sat down at a nearby cafe, a couple of young men sat conspicuously nearby, within easy listening distance from us, an action that seemed designed to intimidate. The man pointed to a building across the street that serves as the school for the small number of Greek Cypriot children a short distance from the Orthodox Church, mainly used for funerals conducted by the lone cleric permitted to conduct such services in the region. According to the May 15 “Report of the Secretary-General on the United Nations operation in Cyprus,” humanitarian assistance was provided to 367 Greek Cypriots and 133 Maronites living in the northern part of the island. While numerous mixed towns and villages existed throughout the country prior to 1974, today, the town of Pyla, partly located in the UN-monitored buffer zone, is the sole surviving bi-communal village, with around 500 Turkish Cypriots and 1,500 Greek-Cypriots. While local leaders from the communities described a generally harmonious and cooperative atmosphere, the reality is that interaction between the two remains limited, with separate schools, sports teams, municipal budgets, and police forces, among others. Many of the people I met touched in one way or another on the ongoing talks between Cypriot President Demetris Christofias and the Turkish Cypriot leader, Mehmet Talat. In his February 28, 2008 inauguration, Christofias reiterated the requirements for a negotiated resolution of the Cyprus conflict and reunification of the country as a federal bi-zonal, bi-communal, with a single sovereignty, international personality and citizenship. Christofias and Talat have repeatedly reaffirmed their commitment to such a formula based on UN Security Council resolutions dating back to the 1970s. The current talks, initiated by Christofias shortly after his 2008 election, focus on six main chapters, or themes, with corresponding working groups: governance and power sharing, European Union matters, security and guarantees, territory, property, and economic matters. Technical committees have also been established to consider crime, economic and commercial matters, cultural heritage, crisis management, humanitarian matters, health, and environmental matters. While formally conducted under the auspices of the UN, the talks are mainly being conducted directly between Christofias and Talat, with teams of experts focused on specific aspects of each topic. A meeting with George Iacovou, President Christofias’ top aide on the current direct talks, helped put the negotiations in context against the backdrop of prior efforts to reunite the country, including the Annan plan, which the Greek Cypriots overwhelmingly rejected in a 2004 referendum. Officials, including government spokesman Stefanos Stefanou repeatedly emphasized that negotiations on a resolution of the conflict be by the Cypriots, for the Cypriots. That said, such an outcome depends in large measure on Turkey playing a constructive role as the leaders of the two communities seek to hammer out a comprehensive agreement. Briefings by Foreign Minister Markos Kyprianou and other senior officials focused largely on the international dimension of the Cyprus issue. Central to the discussions was Turkey’s longstanding aspiration to join the European Union. Accession talks with Turkey began in October 2005. In July of that year, the EU welcomed the country’s decision to sign a protocol adapting the Ankara Agreement to expand the existing customs union between Turkey and the EU to include all member states, including Cyprus. Simultaneously to the signing, Ankara issued a unilateral declaration, noting that its signature did not amount to recognition of the Republic of Cyprus. In response, the EU issued its own declaration on September 21, 2005 making clear that “this declaration by Turkey is unilateral, does not form part of the Protocol and has no legal effect on Turkey’s obligations under the Protocol.” Despite signing the adapted agreement, Turkish ports remain closed to Cypriot ships and airplanes. Cypriot government officials suggested that the status quo has cost the island nation millions in lost business. EU foreign ministers meeting in Brussels on December 11, 2006 partially froze membership talks with Turkey over the impasse, suspending eight of the 35 chapters on the agenda of the accession negotiations, a step endorsed by the European Council on December 15. The Turkey 2008 Progress Report issued by the EU Commission reiterated the call for Turkey “to remove all remaining restrictions on the free movement of goods, including restrictions on means of transport regarding Cyprus.” Turkey's accession to the EU would also require Ankara to work toward recognizing the Republic of Cyprus, including establishment of diplomatic relations. The next periodic report on Turkey’s implementation of the Ankara Protocol is expected later this year. While Cyprus supports Turkey’s aspirations to join the EU, the passage of time has brought potential opposition to the surface, notably from France and Germany. Property Property, another chapter heading under active discussion, has enormous implications. According to government officials, the vast majority of properties in the occupied north were owned by Greek Cypriots. Upholding the property rights of the owners as they were prior to the invasion remains a major priority for the government, with restitution the preferred end result. Considerable real estate development in the north and the continued occupancy of their homes by strangers, has led many Greek Cypriot property owners to file cases with the European Court of Human Rights (ECHR) claiming their property rights were violated. In the case of Loizidou v. Turkey, the court held that “denial of access to property in northern Cyprus was imputable to Turkey” and awarded damages, finding that the applicant had “effectively lost all control over, as well as all possibilities to use and enjoy, her property.” More recently, a judgment issued by the European Court of Justice (ECJ) in the case of Meletis Apostolides v. David Charles Orams and Linda Elizabeth Orams could have a chilling effect on foreigners purchasing property in the occupied territory. The ECJ affirmed that courts in other EU countries must recognize and enforce Cypriot court judgments. Cyprus joined the EU in 2004. Since the partial lifting, in 2003, of restrictions imposed by authorities in the north on freedom of movement, Greek Cypriots for the first time in large numbers have been able to cross into the northern part of the country – visiting their homes and villages many had not seen since 1974. Increased movement in both directions followed, with over 15 million incident-free crossings. A Greek Cypriot shared his experience of visiting his home for the first time since being forced to flee during the invasion. He discovered that a Turkish Cypriot family was living in the house. To his surprise, the father had meticulously collected and stored all of the owner’s family photos and presented him with the box at that first visit. Similarly, the occupant had placed crosses and other religious articles in the attic for safekeeping. A Turkish Cypriot expressed relief at the fact that some Greek Cypriot friends from his home village were living in his house and maintaining his lands in the southwestern part of the country. Unfortunately, these stories appear to be the exception rather than the rule. Missing Persons Of the many painful consequences of the 1974 invasion, perhaps none is as heartrending as that of missing persons. According to The Committee on Missing Persons, a total of 1493 Greek Cypriots, including five Americans, were officially reported missing in the aftermath of the conflict. Five hundred and two Turkish Cypriots had already been missing, mainly victims of inter-communal violence that erupted in the early 1960s. The remains of one of the Americans, Andrew Kassapis, were eventually recovered and returned. The cases of the other four remain open. The Committee on Missing Persons in Cyprus, established in 1981, facilitates the exhuming, indentifying and returning of remains of missing persons. The CMP mandate is limited in that it does not extend to Turkey. The Greek Cypriot and Turkish Cypriot communities each have one member on the committee. A third member is selected by the International Committee of the Red Cross and appointed by the UN Secretary-General. While in Nicosia, I had an opportunity to be briefed separately by Elias Georgiades, the Greek Cypriot representative and Christophe Girod, the UN representative. Operating on the basis of consensus, the committee does not attempt to establish the cause of death or attribute responsibility for the death of missing persons. Since becoming operational in 2006, an anthropological laboratory has analyzed the remains of several hundred individuals. According to the committee, remains of 530 individuals have been exhumed from more than 273 burial sites throughout the country. Of remains examined at the forensic facility, the youngest individual was 10 months old and the oldest 86 years old. Walking though the lab I noted that most of the remains under examination had visible signs of gun wounds to the head. The remains of over 160 individuals have been returned to family members as a result of the bi-communal field teams and forensic work undertaken at the lab. The U.S. contributed funds for a family viewing facility which opened in 2008. Land Mines A briefing at the Mine Action Center in Cyprus provided insight into another legacy of the 1974 conflict, the presence of thousands of anti-personnel and anti-tank mines. Established in 2004, the center has assisted in planning, coordinating and monitoring of demining operations, including land surveys as well as the actual clearance and disposal of mines. While thousands of landmines have been cleared to date, thousands more remain. The center’s goal is a mine-free buffer zone by the end of 2010. In addition to efforts undertaken within the framework of the UN, Cyprus’ National Guard has worked to clear anti-personnel mines. Of the 101 known or suspected minefields in the country about half are in the UN monitored buffer zone, with most of the remainder nearby. Briefers underscored the continued threat posed by minefields adjacent to the buffer zone, recounting incidents of migrants trying to cross from the northern part of the country to the government-controlled south finding themselves surrounded by mines. Farmers on either side of the buffer zone are also at risk as they seek to cultivate the arable farming lands bordering the area. The experts described the clearing operations involved in the opening of the Ledras Street pedestrian crossing point in the middle of the Cypriot capital, Nicosia, in April 2008. The Mine Action Center is assisting in clearing operations paving the way for the opening of additional crossing points. In late June, President Christofias and Mr. Talat reached agreement on the opening of the Limnitis crossing point with access to and from Kokkina in the remote northwest, offering an opportunity for development and integration by Greek Cypriots and Turkish Cypriots. The United Nations has maintained an operational force on Cyprus since the establishment of the United Nations Peacekeeping Force in Cyprus (UNFICYP) in March 1964, following the outbreak of intercommunal violence. The force, one of the longest existing UN peacekeeping missions, consists of 858 troops, 68 police, and 160 civilians. UNFICYP is responsible for maintaining the status quo along the de facto ceasefire lines of the Cyprus National Guard, to the south, and Turkish and Turkish Cypriot forces to the north and a buffer zone between the two. The buffer zone stretches 111 miles from east to west, with 214 square miles of land between the lines, constituting about three percent of the country’s territory. The distance of separation varies from barely more than an arm’s span in some places to about four miles. Numerous villages, including Pyla, mentioned above, are located in partially or entirely in the buffer zone. The once bustling seaside city of Famagusta along the east coast remains deserted, a veritable ghost town, as it has since the mainly Greek Cypriot population was forced to flee during the second phase of the Turkish invasion in August 1974. A center for commerce and tourism, the city and surrounding region was the second largest in the country prior to the evacuation. It is home to nearly half of the people uprooted by the conflict. Standing on the beachhead just north of the city in the Turkish-controlled area the unpopulated city stretched as far down the coast as I could see. Abandoned hotels and high-rise apartment buildings rise from the sandy shore standing as a collection of steel skeletal frames liberated of their contents by plunder and the passage of time since their occupants were forced to flee. Religious Cultural Heritage The ancient Roman city of Salamis, located a short distance from Famagusta on the east coast, was the arrival point for St. Paul on his first missionary journey, accompanied by St. Barnabas, a native son of that city. Paul eventually made his way to Paphos, on the opposite side of the island, where his preaching led to the conversion of the Roman Proconsul, making Cyprus the first country governed by a Christian. A short distance from Salamis is the village of Enkomi, where according to tradition, Barnabas’ remains were buried following his martyrdom. Among minorities throughout the country recognized by the 1960 constitution are: Maronite Christians number approximately 5,000; Armenians 2,500; and Latins (Catholics) 1,000. The overwhelming majority of Cypriots are Orthodox, with Muslims comprising the next largest faith community. His Beatitude Chrysostomos II has served as Archbishop of New Justiniana and All Cyprus since November 2006. During our meeting he underscored the long history of harmony among faith communities in Cyprus. The archbishop voiced particular concern for those displaced by the 1974 invasion and stressed the importance of upholding human rights, including the rights of individuals to return to their homes. He contrasted the efforts taken by the authorities with the support of the Church to preserve mosques in the government-controlled area with the destruction of religious cultural heritage, including churches, monasteries and chapels in the north. Archbishop Chrysostomos II, who was joined by the Bishop of Karpasia, described the challenges faced by clergy seeking to travel to the occupied north, including those seeking to participate in religious services. The rare Orthodox services that are allowed to be conducted in the north are mainly for feast days of several saints, notably St. Mamas and St. Barnabas. Even such exceptional occasions have occasionally been marred by security forces preventing worshipers from crossing into the area. The Archbishop said that the Church would soon file a formal case with the European Court of Human Rights regarding its religious sites and other property in the occupied north. In the aftermath of Turkey’s 1974 military invasion and ongoing occupation of the northern part of Cyprus, a precious piece of the country’s cultural heritage is at risk of collapse – Orthodox churches, chapels and monasteries as well as those of other Christian communities. According to Archbishop Chrysostomos II, over 500 religious sites in the area have been seriously damaged or destroyed. During my travels throughout the region, I visited a score of churches – each in various stages of deterioration, all plundered. In Lapithos, in the Keryneia region, the Agia Anastasia complex is now a tourist resort. I found the Monastery of Ayios Panteleemon, in Myrtou, reduced to little more than a pigeon coup, with bird droppings everywhere – a scene I encountered repeatedly. In each church visited the interiors were stripped of religious objects, including altars, iconostasis, icons, and fonts. In some, it was clear how frescos had been chiseled out of walls and ceilings. It was a surprise to see a single bell still hanging in one of the many bell towers I saw. The main church in Rizokarpaso and a few elsewhere in the Karpas region were noteworthy for the fact that they even had doors; most others I visited did not. One of the countryside churches I visited was being used for storage, with heavy farm equipment in the yard and plastic crates and large tractor ties filling the interior space. In Keryneia, I found that a small chapel in the port was being used by the authorities as a tourist information center and snack bar. According to Church sources, others have been converted into stables, shops, and night clubs. In the village of Kythrea, a small Catholic chapel was reduced to a shell with no roof. Most of the main church had been converted into a mosque, along with a couple of others in the town, but for some reason a quarter of the structure remained in ruins. Another church, Agios Andronikos, located nearby was heavily damaged, with the rubble of the collapsed roof strewn about the interior space, with traces of frescoes still visible on the exposed walls. In the village of Stylloi, in the Famagusta region, the Profitis Ilias Church yard also serves as a cemetery. There I found desecrated ruins of graves with all of the crosses broken off of their bases and smashed. A shed in the corner of the yard was stacked with broken crosses and headstones. Another cemetery a short distance away was similarly in shambles. An adjacent Muslim cemetery was in meticulous condition. The U.S. Agency for International Development has supported a number of restoration projects in the occupied north, including work at the Agios Mamas Church in Morfou, operated mainly as an icon museum. In Keryneia, the prominent belfry of the Archangelos Mikhael Church disguises the fact that the once venerated site has likewise been converted into an icon museum. Such collections reportedly contain a small fraction of the thousands of icons, sacred vessels, vestments, manuscripts, frescos, and mosaics looted from churches, chapels and monasteries in the north. Many stolen icons and other antiquities are placed on the auction block for sale on the international market, some making their way into U.S. collections. The Byzantine Museum, in Nicosia, featured an exhibit: “Hostages in Germany: The Plundered Ecclesiastical Treasures of the Turkish-occupied Cyprus.” In a recent case, two icons from the early 1600s taken from a church in the northern village of Trikomo, were seized in Zurich by Swiss police. In stark contrast to the situation in the occupied area, in Nicosia I visited the Ömerge Mosque housed in the 13th century Church of St. Mary built by the Augustinian religious order. The recently refurbished mosque is a functioning place of worship. A short distance away in the old walled city is Bayraktar Mosque. When I visited the site there were large pallets of stone to be used to renovate the plaza in the mosque complex. Another example is the Mosque of Umm Haram, or Hala Sultan Tekke, a mosque and prominent Muslim shrine, located in Larnaca, southeast of the capital. According to Cyprus government sources, scores of other mosques and other Islamic places of worship are maintained in the south. A visitor to Cyprus need not look far to discover the scars left by the artificial division of the country following the 1974 invasion and ongoing occupation. Since my earlier trip to that island nation eleven years ago, there has been progress on some fronts, most noticeably in terms of freedom of movement since the partial lifting, in 2003, of restrictions imposed by authorities in the north. According to officials, the majority of Turkish Cypriots hold Cyprus-issued EU passports, affording them free movement throughout the EU area, employment opportunities in member countries and other benefits. In addition, thousands of Turkish Cypriots cross into the south daily for work. Other steps have come about as a direct result of the talks between the leaders of the two communities initiated last year. It remains to be seen, however, if the current negotiations will produce a comprehensive and durable resolution to the challenges in Cyprus. Beyond practical steps to ease the day-to-day lives of Greek Cypriots and Turkish Cypriots, key principles such as sovereignty, independence, and territorial integrity as well as respect for human rights and fundamental freedoms are also at stake, with implications for conflicts elsewhere. Numerous earlier diplomatic initiatives were launched, but in the end failed. A particular challenge remains the thorny issues of the tens of thousands of Turkish troops and settlers from mainland Turkey still in Cyprus today, outnumbering Turkish Cypriots. Other factors, especially Turkey’s stated desire to join the EU, should not be discounted and could prove decisive to the ultimate success or failure of the current process. Meanwhile, Christofias and Talat and their teams grapple with an array of tough issues as they seek to overcome the legacy of the past 35 years and build a brighter future for all Cypriots.

  • Helsinki Commissioners Condemn Violence Against Roma

    Bipartisan Members of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today voiced strong concerns for growing violence against the Roma – Europe’s largest ethnic minority group. At a briefing examining the growing prejudice against Roma in Europe and subsequent acts of violence against Roma across Europe, Co-Chairman Congressman Alcee L. Hastings (D-FL) expressed concern for the treatment of Roma, who have been victimized in their own homes – from the killing of elderly to young children burned by fire bombs. “Governments must act with a sense of urgency in combating the pernicious racism that has contributed to the social, economic, and political marginalization of Roma, resulting in the gruesome and deadly attacks on Roma in recent months,” Co-Chairman Hastings said. “But beyond the violence, the continual dislocation of Roma most recently from their historic home in Sulukule, outside Istanbul, Turkey, shows a disregard for minorities and further sends a signal of exclusion. I call on all European countries to reverse this troubling trend.” Chairman Benjamin L. Cardin (D-MD) added: “In the wake of the recent European Parliamentary elections, we are seeing growth of political parties who espouse anti-immigration, anti-minority, and anti-Semitic policies. I urge governments across Europe to respect Roma human rights. They should fully integrate the continent’s largest ethnic minority group, do away with segregated schooling, and when crimes are committed, thoroughly investigate and hold criminals accountable for their acts of hate.” Helsinki Commissioner Congressman Joseph R. Pitts (R-PA) added: “Some people have compared the firebombing and other attacks on Roma in the Czech Republic and Hungary to the sniper attacks that took place in the area a few years ago. For Roma, who are the singular targets in this case, we can only imagine the fear that grips those communities. I urge the Czech and Hungarian Governments to do everything possible to bring the perpetrators of those attacks to justice and to ensure that they are prosecuted to the fullest extent of the law.”

  • 2008 Human Dimension Implementation Meeting

    The OSCE’s 2008 Human Dimension Implementation Meeting offered an opportunity to review compliance on a full range of human rights and humanitarian commitments of the organization’s participating States. Tolerance issues featured prominently in the discussions, which included calls for sustained efforts to combat anti-Semitism and other forms of discrimination. A U.S. proposal for a high-level conference on tolerance issues in 2009, however, met with only tepid support. Core human rights issues, including freedom of speech and freedom of religion, continued to draw large numbers of speakers. Throughout the discussions, non-governmental organizations (NGOs) expressed concern about Kazakhstan’s failure to implement promised reforms and questioned its readiness to serve as OSCE Chair-in-Office in 2010. Greece, slated to assume the chairmanship in January, came under criticism for its treatment of ethnic minorities. As in the past, the United State faced criticism for retaining the death penalty and for its conduct in counter-terrorism operations. Belarusian elections, held on the eve of the HDIM, came in for a round of criticism, while Russia continued to advocate proposals on election observation that would significantly limit the OSCE’s independence in such activities. Finally, discussion of the Russia-Georgia conflict was conspicuous by its near absence, though related human rights and humanitarian concerns will likely receive more prominence in the lead up to and during the December OSCE Ministerial in Helsinki. Background From September 29 to October 10, 2008, the OSCE participating States met in Warsaw, Poland, for the annual(1) Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest human rights gathering, convened to discuss compliance by the participating States with the full range of human dimension commitments they have all adopted by consensus. The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), according to an agenda approved by consensus of all 56 participating States. The HDIM is the only multinational human rights meeting in Europe where representatives of NGOs and government representatives have equal access to the speakers list. Indeed, over half of the statements delivered at this year’s HDIM were made by NGO representatives. Such implementation review meetings are intended to serve as the participating States’ principal venue for public diplomacy and are important vehicles for identifying continued areas of poor human rights performance. Although the HDIM is not tasked with decision-making responsibilities, the meetings can provide impetus for further focus on particular human dimension concerns and help shape priorities for subsequent action. Coming in advance of ministerial meetings that are usually held in December, the HDIMs provide an additional opportunity for consultations among the participating States on human dimension issues that may be addressed by Ministers. (This year, for example, there were discussions on the margins regarding a possible Ministerial resolution on equal access to education for Roma and advancing work in the field of tolerance and non-discrimination, including the possibility of convening a related high-level meeting in 2009.) OSCE rules, adopted by consensus, allow NGOs to have access to human dimension meetings. However, this general rule does not apply to “persons and organizations which resort to the use of violence or publicly condone terrorism or the use of violence.”(2) There are no other grounds for exclusion. The decision as to whether or not a particular individual or NGO runs afoul of this rule is made by the Chairman-in-Office. In recent years, some governments have tried to limit or restrict NGO access at OSCE meetings in an effort to avoid scrutiny and criticism of their records. This year, in the run up to the HDIM, Turkmenistan held the draft agenda for the meeting hostage, refusing to give consensus as part of an effort to block the registration of Turkmenistan NGOs which have previously attended the implementation meetings and criticized Ashgabat. Turkmenistan officials finally relented and allowed the adoption of the HDIM agenda in late July, but did not participate in the Warsaw meeting. Along these lines, the Russian delegation walked out in protest when the NGO “Russian-Chechen Friendship Society” took the floor to speak during a session on freedom of the media. At the 2008 HDIM, senior Department of State participants included Ambassador W. Robert Pearson, Head of Delegation; Ambassador Julie Finley, Head of the U.S. Mission to the OSCE; Ambassador Karen Stewart, Principal Deputy Assistant Secretary of State for Democracy, Human Rights and Labor; and Mr. Bruce Turner, Acting Director, Office for European Security and Political Affairs. Mr. Will Inboden, advisor on religious freedom issues, and Mr. Nathan Mick, advisor on Roma issues, served as Public Members. Ms. Felice Gaer, Chair of the U.S. Commission on Religious Freedom, and Mr. Michael Cromartie, Vice Chair, also served as members of the delegation. Helsinki Commission Chief of Staff Fred L. Turner and Senior State Department Advisor Ambassador Clifford Bond also served as members of the U.S. Delegation, along with Helsinki Commission staff members Alex T. Johnson, Ronald J. McNamara, Winsome Packer, Erika B. Schlager, and Dr. Mischa E. Thompson. In comparison with previous HDIMs, the 2008 meeting was relatively subdued – perhaps surprisingly so given that, roughly eight weeks before its opening, Russian tanks had rolled onto Georgian territory. While the full scope of human rights abuses were not known by the time the meeting opened, human rights defenders had already documented serious rights violations, including the targeting of villages in South Ossetia inhabited by ethnic Georgians. Nevertheless, discussion of the Russian-Georgian conflict was largely conspicuous by its near absence. Highlights The annual HDIM agenda provides a soup-to-nuts review of the implementation of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. The United States continued its longstanding practice of naming specific countries and cases of concern. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. This year, those subjects were: 1) education and awareness-raising in the promotion of human rights; 2) freedom of religion or belief; and 3) focus on identification, assistance and access to justice for the victims of trafficking. Of the three, the sessions on religious liberty attracted the most speakers with over 50 statements. A large number of side events were also part of the HDIM, organized by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States. These side events augment implementation review sessions by providing an opportunity to examine specific subjects or countries in greater depth and often with a more lively exchange than in the formal sessions. Along with active participation at these side events, the United States held extensive bilateral meetings with government representatives, as well as with OSCE officials and NGO representatives. At the end of the second week of the HDIM, Human Rights Directors from capitals also held a working meeting to discuss issues of mutual concern, with a special focus on United Nations Security Council Resolution 1325, on women, peace and security. This year, the U.S. Commission on International Religious Freedom also hosted a reception to honor the OSCE Panel of Experts on Freedom of Religion or Belief, as well as the tenth anniversary of the U.S. International Religious Freedom Act and the 60th anniversary of the UN Declaration of Human Rights. Greece, scheduled to assume the chairmanship of the OSCE starting in January 2009, came under particular criticism for its treatment of minorities. Unlike the highly emotional reactions of senior Greek diplomats in Warsaw two years ago, the delegation this year responded to critics by circulating position papers elaborating the Greek government’s views. Greece also responded to U.S. criticism regarding the application of Sharia law to Muslim women in Thrace by stating that Greece is prepared to abolish the application of the Sharia law to members of the Muslim minority in Thrace when this is requested by the interested parties whom it affects directly. Issues relating to the treatment of ethnic, linguistic and religious minorities in the OSCE region are likely to remain an important OSCE focus in the coming period, especially in light of developments in the Caucasus, and it remains to be seen how the Greek chairmanship will address these concerns in light of its own rigid approach to minorities in its domestic policies. Throughout the HDIM, many NGOs continued to express concern about the fitness of Kazakhstan to serve as OSCE Chair-in-Office in 2010 given serious short comings in that country’s human rights record. In particular, Kazakhstan was sharply criticized for a draft religion law (passed by parliament, but not yet adopted into law). One NGO argued that a Kazakhstan chairmanship, with this law in place, would undermine the integrity of the OSCE, and urged participating States to reconsider Kazakhstan for the 2010 leadership position if the law is enacted. Juxtaposing Kazakhstan’s future chairmanship with the possible final passage of a retrograde law on religion, the Almaty Helsinki Committee asked the assembled representatives, “Are human rights still a priority – or not?” (Meanwhile, on October 5, Secretary of State Condoleezza Rice visited Kazakhstan.) On the eve of the HDIM, Belarus held elections. Those elections received considerable critical attention during the HDIM’s focus on democratic elections, with the United States and numerous others expressing disappointment that the elections did not meet OSCE commitments, despite promises by senior Belarusian officials that improvements would be forthcoming. Norway and several other speakers voiced particular concern over pressures being placed on ODIHR to circumscribe its election observation activities. Illustrating those pressures, the Russian Federation reiterated elements of a proposal it drafted on election observation that would significantly limit the independence of ODIHR in its election observation work. The Head of the U.S. Delegation noted that an invitation for the OSCE to observe the November elections in the United States was issued early and without conditions as to the size or scope of the observation. (Russia and others have attempted to impose numerical and other limitations on election observation missions undertaken by the ODIHR and the OSCE Parliamentary Assembly.) Tolerance issues featured prominently during discussions this year, as they have at other recent HDIMs. Forty-three interventions were made, forcing the moderator to close the speakers list and requiring presenters to truncate their remarks. Muslim, migrant, and other groups representing visible minorities focused on discrimination in immigration policies, employment, housing, and other sectors, including racial profiling and hate crimes, amidst calls for OSCE countries to improve implementation of existing anti-discrimination laws. Jewish and other NGOs called for sustained efforts to combat anti-Semitism. Representatives of religious communities expressed concern about the confusion made by ODIHR in its Annual Hate Crimes Report between religious liberty issues and intolerance towards members of religious groups. This year, some governments and NGOs elevated their concerns relating to gay, lesbian, bisexual and transgender persons, increasingly placing these concerns in the context of the OSCE’s focus on hate crimes. A civil society tolerance pre-HDIM meeting and numerous side events were held on a broad range of tolerance-related topics. The United States and several U.S.-based NGOS called for a high-level conference on tolerance issues to be held in 2009. Unlike in prior years, however, no other State echoed this proposal or stepped forward with an offer to host such a high-level conference. In many of the formal implementation review sessions this year, NGOs made reference to specific decisions of the European Court on Human Rights, urging governments to implement judgments handed down in recent cases. During the discussion of issues relating to Roma, NGOs continued to place a strong focus on the situation in Italy, where Roma (and immigrants) have been the target of hate crimes and mob violence. NGOs reminded Italy that, at the OSCE Supplementary Human Dimension Meeting in July, they had urged Italy to come to the HDIM with concrete information regarding the prosecution of individuals for violent attacks against Roma. Regrettably, the Italian delegation was unable to provide any information on prosecutions, fostering the impression that a climate of impunity persists in Italy. As at other OSCE fora, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among the OSCE participating States. Of the 56 OSCE participating States, 54 have abolished, suspended or imposed a moratorium on the death penalty and only two – the United States and Belarus – continue to impose capital punishment as a criminal sanction. Two side events held during the HDIM also put a spotlight on the United States. The first event was organized by Freedom House and entitled, “Today’s American: How Free?” At this event, Freedom House released a book by the same title which examined “the state of freedom and justice in post-9/11 America.” The second event was a panel discussion on “War on Terror or War on Human Rights?” organized by the American Civil Liberties Union. Speakers from the ACLU, Amnesty International and the Polish Human Rights Foundation largely focused on issues relating to the United States, including the military commission trials at Guantanamo, and official Polish investigations into allegations that Poland (working with the United States) was involved in providing secret prisons for the detention and torture of “high-value” detainees.(3) In a somewhat novel development, Russian Government views were echoed by several like-minded NGOs which raised issues ranging from claims of “genocide” by Georgia in South Ossetia to grievances by ethnic Russians in Latvia and Estonia. Ironically, the Russian delegation, in its closing statement, asserted that this year’s HDIM had an “improved atmosphere” due (it was asserted) to the efforts by both governments and NGOs to find solutions to problems rather than casting blame. As at past HDIMs, some sessions generated such strong interest that the time allotted was insufficient to accommodate all those who wished to contribute to the discussion. For example, the session on freedom of the media was severely constrained, with more than 20 individuals unable to take the floor in the time allotted, and several countries unable to exercise rights of reply. Conversely, some sessions – for example, the session on equal opportunity for men and women, and the session on human dimension activities and projects – had, in terms of unused time available, an embarrassment of riches. Following a general pattern, Turkmenistan was again not present at the HDIM sessions this year.(4) In all, 53 participating States were represented at the meeting. At the closing session, the United States raised issues of particular concern relating to Turkmenistan under the “any other business” agenda item. (This is the sixth year in a row that the United States has made a special statement about the situation in Turkmenistan, a country that some view as having the worst human rights record in the OSCE.) For the past two years, there has been a new government in Turkmenistan. The U.S. statement this year noted some positive changes, but urged the new government to continue the momentum on reform by fully implementing steps it already has begun. In addition, the United States called for information on and access to Turkmenistan’s former representative to the OSCE, Batyr Berdiev. Berdiev, once Turkmenistan’s ambassador to the OSCE, was reportedly among the large number of people arrested following an attack on then-President Niyazov’s motorcade in 2002. His fate and whereabouts remain unknown. OSCE PA President João Soares addressed the closing plenary, the most senior Assembly official to participate in an HDIM meeting. The Russian-Georgian Conflict With the outbreak of armed violence between Russia and Georgia occurring only two months earlier, the war in South Ossetia would have seemed a natural subject for discussion during the HDIM. As a human rights forum, the meeting was unlikely to serve as a venue to debate the origins of the conflict, but there were expectations that participants would engage in a meaningful discussion of the human dimension of the tragedy and efforts to stem ongoing rights violations. As it turned out, this view was not widely shared by many of the governments and NGOs participating in the meeting. The opening plenary session foreshadowed the approach to this subject followed through most of the meeting. Among the senior OSCE officials, only High Commissioner on National Minorities Knut Vollebaek squarely addressed the situation in the south Caucasus. Vollebaek condemned the19th century-style politicization of national minority issues in the region and the violation of international borders. At the time of the crisis, he had cautioned against the practice of “conferring citizenship en masse to residents of other States” (a reference to Russian actions in South Ossetia) and warned that “the presence of one's citizens or ‘ethnic kin’ abroad must not be used as a justification for undermining the sovereignty and territorial integrity of other States.” Sadly, that sound advice went unobserved in Georgia, but it is still applicable elsewhere in the OSCE region.(5) The statement delivered by France on behalf of the countries of the European Union failed to address the conflict. During the plenary, only Norway and Switzerland joined the United States in raising humanitarian concerns stemming from the conflict. In reply, the head of the Russian delegation delivered a tough statement which sidestepped humanitarian concerns, declaring that discussion of Georgia’s territorial integrity was now “irrelevant.” He called on participating States to adopt a pragmatic approach and urged acknowledgment of the creation of the new sovereign states of Abkhazia and South Ossetia, terming their independence “irreversible” and “irrevocable.” Perhaps more surprising than this Russian bluster was the failure of any major NGO, including those who had been active in the conflict zone collecting information and working on humanitarian relief, to take advantage of the opportunity to raise the issue of South Ossetia during the opening plenary. As the HDIM moved into its working sessions, which cover the principal OSCE human dimension commitments, coverage of the conflict fared better. The Representative on Freedom of the Media remarked, in opening the session on free speech and freedom of the media that, for the first time in some years, two OSCE participating States were at war. During that session, he and other speakers called on the Russian Federation to permit independent media access to occupied areas to investigate the charges and counter-charges of genocide and ethnic cleansing. The tolerance discussion included calls by several delegations for Russia to cooperate and respond favorably to the HCNM’s request for access to South Ossetia to investigate the human rights situation in that part of Georgia. Disappointingly, during the session devoted to humanitarian commitments, several statements, including those of the ODHIR moderator and EU spokesperson, focused narrowly on labor conditions and migration, and failed to raise concerns regarding refugees and displaced persons, normally a major focus of this agenda item and obviously relevant to the Georgia crisis. Nevertheless, the session developed into one of the more animated at the HDIM. The Georgian delegation, which had been silent up to that point, spoke out against Russian aggression and alleged numerous human rights abuses. It expressed gratitude to the European Union for sending monitors to the conflict zone and urged the EU to pressure Russia to fully implement the Six-Point Ceasefire agreement negotiated by French President Sarkozy. The United States joined several delegations and NGOs calling on all parties to the conflict to observe their international obligations to protect refugees and create conditions for their security and safe voluntary return. In a pattern observed throughout the meeting, the Russian delegation did not respond to Georgian charges. It left it to an NGO, “Ossetia Accuses,” to make Russia’s case that Georgia had committed genocide against the people of South Ossetia. A common theme among many interventions was a call for an independent investigation of the causes of the conflict and a better monitoring of the plight of refugees, but to date Russian and South Ossetian authorities have denied both peacekeeping monitors and international journalists access to the region from elsewhere in Georgia. A joint assessment mission of experts from ODIHR and the HCNM, undertaken in mid-October, were initially denied access to South Ossetia, with limited access to Abkhazia granted to some team members. Eventually, several experts did gain access to the conflict zone in South Ossetia, though to accomplish this they had to travel from the north via the Russian Federation. One can only speculate why Georgia received such limited treatment at this HDIM. The crisis in the south Caucasus had dominated OSCE discussions at the Permanent Council in Vienna for weeks preceding the HDIM. Some participants may have feared that addressing it in Warsaw might have crowded out the broader human rights agenda. Others may have felt that, in the absence of a clear picture of the circumstances surrounding the conflict and with so many unanswered questions, it was best not to be too critical or too accusatory of either party. The EU (and particularly the French) were, at the time of the HDIM, in the process of negotiating the deployment of European observers to the conflict zone, and may have feared that criticism of Russia at this forum would have only complicated the task. In fact, the EU’s only oblique reference to Georgia was made at HDIM’s penultimate working session (a discussion which focused on human dimension “project activity”) in connection with the work of High Commissioner for National Minorities. (One observer of this session remarked that there seemed to be a greater stomach for dinging the OSCE Office for Democratic Institutions and Human Rights for shortcomings in its work than for criticizing Russia for invading a neighboring OSCE participating State.) Finally, other participants, particularly NGOs, seemed more inclined to view human rights narrowly in terms of how governments treat their own citizens and not in terms of how the failure to respect key principles of sovereignty and territorial integrity are invariably accompanied by gross violations of human rights and can produce humanitarian disasters. Amid simmering tensions between Russia and Georgia which could erupt into renewed fighting, and completion of a report requested by the Finnish Chairmanship in time for the OSCE’s Ministerial in Helsinki in early December, Ministers will have to grapple with the impact of the south Caucasus conflict and what role the OSCE will have. Beyond Warsaw The relative quiet of the HDIM notwithstanding, French President M. Nicolas Sarkozy put a spotlight on OSCE issues during the course of the meeting. Speaking at a conference in Evian, France, on October 8, he responded to a call by Russian President Dmitri Medvedev, issued in June during meetings with German Chancellor Angela Merkel, for a new “European Security Treaty” to revise Europe’s security architecture – a move seen by many as an attempt to rein in existing regional security organizations, including NATO and the OSCE. President Sarkozy indicated a willingness to discuss Medvedev’s ideas, but argued they should be addressed in the context of a special OSCE summit, which Sarkozy suggested could be held in 2009. The escalating global economic crisis was also very much on the minds of participants at the HDIM as daily reports of faltering financial institutions, plummeting markets, and capital flight promoted concerns over implications for the human dimension. Several delegations voiced particular concern over the possible adverse impact on foreign workers and those depending on remittances to make ends meet. Looking Ahead The human rights and humanitarian concerns stemming from the war in South Ossetia will likely come into sharper focus in the lead up to the December OSCE Ministerial in Helsinki as talks on the conflict resume in Geneva, and OSCE and other experts attempt to document the circumstances surrounding the outbreak of fighting and current conditions. The coming weeks can also be expected to bring renewed calls for an overhaul of the human dimension and the ODIHR by those seeking to curb attention paid to human rights and subordinate election monitoring activities. It remains to be seen whether Kazakhstan will fulfill the commitments it made a year ago in Madrid to undertake meaningful reforms by the end of this year. There is also the risk that a deepening economic crisis will divert attention elsewhere, even as the resulting fallout in the human dimension begins to manifest itself. It is unclear what priorities the Greek chairmanship will be set for 2009, a year that portends peril and promise. Notes (1) OSCE Human Dimension Implementation Meetings are held every year, unless there is a Summit. Summits of Heads of State or Government are preceded by Review Conferences, which are mandated to review implementation of all OSCE commitments in all areas (military-security, economic and environmental cooperation, and the human dimension). (2) Helsinki Document 1992, The Challenges of Change, IV (16). (3) Interestingly, at the session on human rights and counterterrorism, moderator Zbigniew Lasocik, member of the United Nations Subcommittee on Prevention of Torture, noted that Poland’s Constitutional Court had, the previous day, struck down a 2004 law that purported to allow the military to shoot down hijacked commercial aircraft – even if they were being used as weapons like the planes that killed thousands of people on 9/11. The Court reportedly reasoned that shooting down an aircraft being used as bomb would infringe on the constitutional protection of human life and dignity of the passengers. (4) Turkmenistan sent a representative to the HDIM in 2005 for the first time in several years. While responding to criticism delivered in the sessions, the representative appeared to focus more on monitoring the activities of Turkmen NGOs participating in the meeting. Turkmenistan subsequently complained that certain individuals who had been charged with crimes against the State should not be allowed to participate in OSCE meetings. Turkmenistan officials did not participate in the 2006 or 2007 HDIMs. Participation in the 2008 meeting would have been a welcome signal regarding current political developments. (5) The HCNM had previously expressed concern regarding Hungary’s overreach vis-a-vis ethnic Hungarian minorities in neighboring countries. In 2004, Hungary held a referendum on extending Hungarian citizenship to ethnic Hungarians abroad – an idea that still holds political currency in some quarters of Hungary – but the referendum failed due to low voter turnout.

  • OSCE 101: Briefing for Civil Society

    Please join the U.S. Helsinki Commission for OSCE 101: BRIEFING FOR CIVIL SOCIETY Thursday, September 4, 2008  10:00 a.m. - 12:00 p.m.  Rayburn House Office Building  B318 For those in need of a refresher course and those interested in becoming involved. Learn about the Organization for Security and Cooperation in Europe and the Role of Civil Society For those planning to travel to Warsaw, Poland, remember to register to participate in the OSCE’s Annual Human Rights Meeting: What: Human Dimension Implementation Meeting (HDIM) When: September 29 – October 10, 2008 Where: Warsaw, Poland Why: Annual 2-week human rights conference What is the HDIM? The term "human dimension" describes the set of norms and activities related to human rights, the rule of law, and democracy that are regarded within the OSCE as one of the three pillars of its comprehensive security concept, along with the politico-military and the economic and environmental dimensions. Every year in Warsaw, the OSCE's Office for Democratic Institutions and Human Rights (ODIHR) organizes a two-week conference, the Human Dimension Implementation Meeting (HDIM). The HDIM is a forum where OSCE participating States discuss the implementation of human dimension commitments that were adopted by consensus at prior OSCE Summits or Ministerial Meetings. These commitments are not legally binding norms; instead, they are politically binding - a political promise to comply with the standards elaborated in OSCE documents. Follow-up meetings to review the implementation of the commitments are based on the principle that the commitments undertaken in the field of the human dimension are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the state concerned. A comprehensive, 2-volume compilation of the OSCE human dimension commitments (available in English and in Russian) can be ordered free of charge through the ODIHR website: Volume 1: Thematic Compilation and Volume 2: Chronological Compilation.

  • Condemning July 27, 2008 Bombings in Istanbul, Turkey

    Madam Speaker, as Chairman of the Commission on Security and Cooperation in Europe and the former President of the OSCE Parliamentary Assembly, I condemn in the strongest possible terms the bombings that shook the Gungoren neighborhood of Istanbul, Turkey on Sunday.  This was the deadliest attack to take place in Istanbul in five years, which killed 17 men, women and children and wounded more than one hundred others. I express my most sincere condolences to the families who lost loved ones and to the individuals injured in this terrorist attack.  Madam Speaker, I stand with the Turkish government and the people of Turkey in condemning these cowardly acts and hope to see those responsible brought to justice very soon.  The United States and Turkey have shared a historic partnership for the past fifty-plus years and it is during these difficult times that we must stand together.  Madam Speaker, the United States remains committed to working with Turkey in fighting terrorism in Turkey, in the United States, and around the world. I urge my colleagues to stand with me in condemning these heinous attacks.

  • Combating Sexual Exploitation of Children: Strengthening International Law Enforcement Cooperation

    The hearing examined current practices for sharing information among law enforcement authorities internationally and what concrete steps can be taken to strengthen that cooperation to more effectively investigate cases of sexual exploitation of children, including child pornography on the Internet. Despite current efforts, sexual exploitation of children is increasing globally. The use of the Internet has made it easier for pedophiles and sexual predators to have access to child pornography and potential victims. In May, the Senate Judiciary Committee passed the Combating Child Exploitation Act of 2008 (S.1738), which will allocate over one billion dollars over the next eight years to provide Federal, state, and local law enforcement with the resources and structure to find, arrest, and prosecute those who prey on our children.

  • Hate in the Information Age

    The briefing provided an overview of hate crimes and hate propaganda in the OSCE region, focusing on the new challenges posed by the internet and other technology. Mischa Thompson led the panelists in a discussion of the nature and frequency of hate crimes in the OSCE region, including the role of the internet and other technologies in the training, recruiting, and funding of hate groups. Panelists - Rabbi Abraham Cooper, Mark A. Potok, Christopher Wolf, Tad Stahnke – discussed how best to combat hate crimes and hate propaganda and highlighted internet governance issues in the United States and Europe and how the internet extensively contributes to hate propaganda. Issues such as free speech and content control were at the center of the discussion.

  • Clearing the Air, Feeding the Fuel Tank: Understanding the Link Between Energy and Environmental Security

    Congress has an obligation to work to ensure a healthy and safe environment for the benefit of current and future generations.  To reduce our dependence on fossil fuels and achieve a healthier environment, we need a multi-faceted approach that addresses the tangled web of issues involved.  We need to foster both energy independence and clean energy. Given rising sea levels, the increasing severity of storm surges, and higher temperatures the world over, the impact of global climate change is undeniable.  Unless we act now, we will see greater and greater threats to our way of life on this planet.

  • Iraqi Refugee Crisis: The Calm before the Storm?

    By Marlene Kaufmann, General Counsel and Lale M. Mamaux, Communications Director Jordan In March, staff of the United States Helsinki Commission travelled to Amman, Jordan, an OSCE partner State, and met with government officials and leading NGOs regarding the Iraqi refugee crisis. Helsinki Commission Chairman, Congressman Alcee L. Hastings, has introduced comprehensive legislation to address this crisis, and the Commission held a hearing on April 10, regarding the impact of Iraqi refugees on OSCE States and Partners, including Jordan, Egypt and Turkey. It was revealed during the visit in Jordan that the situation on the ground is becoming increasingly desperate. Government officials emphasized the economic and infrastructure strains caused by the refugees – soaring rents, inflation, and strains on educational and medical resources, as well as water. The NGO community sees an increase in desperation among the refugee population that they are attempting to serve. This increased desperation, combined with increasing resentment among host country populations, is becoming a recipe for disaster. As a result of the widespread sectarian violence that erupted in Iraq in 2006, masses of Iraqis began fleeing to neighboring countries in the region for shelter. It is estimated that more than one million Iraqi refugees have fled to Jordan, Syria and other neighboring states, and approximately 2.2 million Iraqis have been displaced within Iraq itself. Jordan, a small Arab nation with a population of six million, has accepted almost half a million Iraqi refugees. This amounts to an 8 percent increase in the population of Jordan in essentially a year and a half. This would be the equivalent of the United States enduring a stream of 24 million people across its borders in the same time frame. Poverty, unemployment, and inflation are on the rise in the country making it extremely difficult for the Jordanian government and society to cope with the influx of refugees. In 2007, Jordan effectively sealed its borders by imposing strict visa requirements on Iraqis seeking entry, documents that most fleeing Iraqis do not have or would be required to make a dangerous trip to Baghdad to try to obtain. Jordan is not a party to the 1951 United Nations Convention on Refugees and does not have a domestic refugee law. The government does not, therefore, recognize Iraqis as residents of its country, but rather classifies them as “guests” or “visitors.” The Jordanian government does not allow Iraqis to work, however some do find jobs in the “underground” economy, which at best pay barely enough to survive and for which the threat of exploitation is significant. In many situations, men, fearing arrest and deportation, remain in hiding and rely on whatever income their wives and children can generate. Iraqis are permitted to seek medical assistance at government clinics, where they are offered the same health care benefits as uninsured Jordanians. In addition, as a result of pressure from the international community, Jordan opened its schools to Iraqi children. It is estimated that approximately 25,000 Iraqi students have enrolled for the 2007-2008 school year, a significantly smaller number than was expected. While the admission of Iraqi students is relatively low, it has nevertheless put a substantial strain on an already overburdened school system. As a result, the day-to-day needs of Iraqis continue to increase as their resources are diminishing. Multiple families are sharing a single dwelling and those seeking medical attention frequently suffer from severe depression and stress related illnesses. Many of the NGOs offering services in Jordan are attempting to address this burgeoning medical crisis but lack the resources to provide comprehensive counseling – leaving increasingly large numbers of the vulnerable Iraqi refugee population simmering in a cauldron of stress and depression. This situation does not bode well for long-term societal stability. Attempts to provide assistance to Iraqi refugees in Jordan are complicated by both the location and the mixed demographics of the population. Unlike the situation of the Palestinian refugees encamped in tent cities in the “no-man’s-land” on the Syrian border with Iraq, there are no Iraqi refugee camps in Jordan -- where the numbers and needs of the refugees could be easily identified, and to which humanitarian and other assistance could be quickly and efficiently delivered. Rather, Iraqi refugees in Jordan are dispersed throughout Amman and the surrounding areas. A number of refugees -- some of whom came to Jordan to escape the regime of Saddam Hussein, returned to Iraq after his fall, and now have taken up residence again in Jordan -- are quite wealthy, and are obviously able to fend for themselves. The bulk of Iraqi refugees in Jordan, however, arrived with few resources or have now, as is the case with those who were “middle class” when they fled, completely depleted whatever income they may have had from savings, or selling their homes and possessions. The Jordanian government made it quite clear that they want Iraqi refugees to be treated humanely, yet they do not want Iraqis to permanently settle in Jordan. This fact was reinforced at an international conference hosted by Jordan on March 18, during which Foreign Minister Salah Al-Bashir remarked, “But the main challenge now is to find the right environment for a political settlement in Iraq that would restore security and stability, helping Iraqi refugees return home, because there is no other alternative.” While the Jordanian government sees no alternative for Iraqis other than return, the reality is quite different. Many NGOs in Jordan are looking at this from a long-term perspective with some estimates of Iraqis staying for at least ten years, or perhaps permanently. Many Iraqis who fled have had a close family member or friend killed, threatened, kidnapped, or tortured, making return extremely difficult if not impossible. As resources are depleted and Iraqis become more and more desperate to survive, the economy will not be the main source of worry for host countries. Increasingly desperate refugees interacting on a daily basis with increasingly resentful host country populations could sow the seeds of instability on the streets of Amman and Damascus – the current situation may just be the calm before the storm. In Congress, Commission Chairman Hastings, who is also Special Representative on Mediterranean Affairs for the OSCE Parliamentary Assembly, has introduced comprehensive legislation to address this humanitarian and potential security crisis. In January, Chairman Hastings and Congressman John Dingell wrote to President Bush requesting an additional $1.5 billion in funding in the FY 2009 budget, and also called on Secretary of State Condoleezza Rice to layout a long-term plan to address the plight of Iraqi refugees and internally displaced populations (IDPs). In April, Chairman Hastings joined with Congressman Bill Delahunt and nine of his Congressional colleagues in sending a bipartisan letter to Iraqi Prime Minister Nouri al-Maliki urging the government of Iraq to use $1 billion (4 percent) of the expected $25 billion budget surplus to assist Iraqi refugees and IDPs. Additionally, Commission Co-Chairman Senator Benjamin L. Cardin was successful in offering an amendment to the Labor, Health and Human Services, Education Appropriations bill last year. Co-Chairman Cardin’s amendment provides six months of eligibility for resettlement assistance to Iraq Special Immigrant Visa (SIV) holders when they arrive here in the United States, ensuring that Iraqis are able to make the transition to a productive life in the United States by providing preliminary housing, school enrollment and job assistance. On April 10, the Helsinki Commission held a hearing on the Iraqi refugee crisis which focused on the impact of the massive displacement of Iraqi citizens on Jordan, Syria, Egypt and Turkey as well as other countries in the region; the security implications of this humanitarian crisis; and efforts by the United States and others to address the plight of Iraqi refugees, including humanitarian relief, resettlement of Iraqi refugees, host country commitments, and European cooperation as well as the development of a long-term plan to address this crisis. Testifying before the Commission were Ambassador James Foley, Senior Coordinator for Iraqi Refugees, U.S. Department of State; Ms. Lori Scialabba, Senior Advisor to the Secretary of Homeland Security for Iraqi Refugees, Department of Homeland Security; Mr. Michel Gabaudan, Washington Director, United Nations High Commissioner for Refugees (UNHCR); Mr. Anders Lago, Mayor of Sodertalje, Sweden; and Mr. Noel Saleh, Member, Board of Directors, Arab Community Center for Economic and Social Services (ACCESS). During the hearing Ambassador Foley stated that the resettlement of Iraqi refugees to the United States “is turning around.” He added, “You are going to see in the coming months, especially in the late spring and summer, tremendous numbers of Iraqi refugees arriving in the United States.” Mayor Lago of Sodertalje, Sweden whose town has a population of 83,000 and has taken in more than 5,000 Iraqi refugees noted “The millions of refugees in the world must be a concern for us all, not just for those areas bordering on the breeding grounds of war, or for a small number of countries and cities such as Sodertalje.” He further noted, “Despite the fact that we need immigrants, Sodertalje has become a town that must now say - STOP, STOP, STOP! Do not misunderstand me. We will always help others when we can. We must act when the lives of our brothers and sisters are in danger. It is imperative that we have a humane refugee policy worldwide. Our common agreement, that all people are equal, no matter what color religion or gender must become a reality.” The hearing came on the heels of General David Petraeus’ and Ambassador to Iraq Ryan Crocker’s testimony before Congress about the Iraq war. Turkey Helsinki Commission staff also travelled to Ankara and Istanbul, Turkey and held meetings with leading NGOs as well as staff of the Ministry of Foreign Affairs. While the main focus of the trip was the Iraqi refugee crisis, staff also discussed U.S.-Turkey bilateral relations, human trafficking, migration, security threats posed to Turkey by the Kurdistan Workers Party (PKK) – a known terrorist organization, as well as Turkey’s cooperation in Iraq. It is estimated that Turkey is currently hosting 6,000-10,000 Iraqi refugees. Unlike Jordan and Syria, Turkey is a party to the 1951 UN refugee convention. Turkey, however, imposes a “geographical limitation” on its commitments under that agreement and only recognizes refugees arriving from Europe. Iraqis entering Turkey from non-European countries are treated as asylum-seekers. UNHCR-Turkey has assumed responsibility for processing these individuals and it then submits its recommendations to the Turkish government. The Turkish government, however, ultimately determines the status of asylum-seekers making the registration process time-consuming and confusing. Those who have registered with UNHCR for asylum can wait up to nine months to be fully processed and are not entitled to any assistance during that period. In the interim, the refugees are reliant upon the charity of the communities in which they have settled or must fend for themselves on the streets. Iraqi refugees entering Turkey are not permitted to reside in Ankara or Istanbul – where they may have relatives or access to an established Iraqi community – but are directed to a number of “satellite cities” in different locations throughout Turkey. In most instances, there is no Iraqi community or support system in these remote locations, making resettlement, access to services, and integration into the local community extremely difficult for the refugees. The Turkish government has accepted in principle the establishment of seven ‘Reception Centers,’ to provide services to refugees from Iraq – planned in or near the satellite cities to which they are currently directed. These centers would be co-financed with the European Commission (EC). The EC would pay 75 percent of the project and the Turkish government would pay the remaining 25 percent. However, the day-to-day oversight and financial obligations would fall to the Turkish government. While the EC indicated that these centers would be used to house Iraqi refugees with a capacity of 750 per center, Turkish officials gave the impression that these centers would be for migrant workers and victims of human trafficking. In addition to the seven Reception Centers, the EC will finance two Removal Centers for those Iraqis eligible to be processed for resettlement. The Helsinki Commission will monitor the development of these centers, their location, populations to be accepted, operation and services offered in view of concerns that they may become isolated “camps” where Iraqi refugees and other vulnerable populations are warehoused until they receive final status determinations or resettlement. Sulukule Helsinki Commission staff visited Sulukule in Istanbul, which has been home to a Roma community since 1054 and is one of the oldest Romani settlements in Europe. Sulukule is on the brink of total demolition, due in part to an urban transformation project developed by the Fatih and Greater Istanbul municipalities as part of Istanbul’s participation in the 2010 European Capital of Culture event. The outcome of this urban renewal plan will destroy an historical neighborhood and force 3,500 residents of Sulukule 25 miles (40 kilometers) outside of the city to the district of Tasoluk or, worse, onto the streets of Istanbul. The Roma community in Sulukule is living on the fringes of society and continues to be treated unfairly. Instead of implementing an urban renewal project that would preserve this centuries-old neighborhood and allow the Roma there to remain together as a community, they will be dispersed and forced to migrate elsewhere. The Romani residents of Sulukule have essentially been unable to work since 1992 when the municipality closed down the music and entertainment venues that had been the lifeblood of the community and a major tourist attraction. With this source of income gone, the Roma of Sulukule have found it increasingly difficult to earn a living. The residents of Sulukule have been offered the opportunity to purchase the new homes that will be built as part of the project. However, the homes are quite expensive and, given the Romani community’s lack of employment and income, this is an empty gesture. The offer of housing in Tasoluk is also well beyond the means of the current residents of Sulukule, making it all the more likely that the majority of them will be forced to live on the streets. On April 4, members of the Helsinki Commission sent a letter to Turkish Prime Minister Tayip Erdogan, expressing concern about the Sulukule transformation project. The Commissioners urged the Prime Minister to find a solution that would ensure that the residents of Sulukule are treated with dignity and respect, that their culture and contribution to the history of Istanbul are preserved, and that they are given the opportunity to work, provide shelter and education for their families and contribute fully to Turkish society. The letter was authored by Co-Chairmen of the Helsinki Commission Congressman Alcee L. Hastings and Senator Benjamin L. Cardin, along with Commissioners Congressmen Joseph R. Pitts and G.K. Butterfield.

  • Crossing Boarders, Keeping Connected: Women, Migration and Development in the OSCE Region

    The hearing will focus on the impact of migration on family and society, the special concerns of migrant women of color, and the economic contributions of women migrants to their home country through remittances. According to the United Nations, women are increasingly migrating on their own as main economic providers and heads of households. While the number of women migrants is on the rise, little is known about the economic and social impact of this migration on their home country.

  • Taking Stock: Combating Anti-Semitism in the OSCE Region (Part II)

    This hearing, which Commissioner Alcee L. Hastings presided over, was the second in a set of hearings that focused on combating anti-Semitism in the OSCE region. Hastings lauded the efforts regarding this approach to anti-Semitism by bringing up how impressive it was for these states to look at issues of tolerance, while a few years before the hearing took place, not all participating states thought that there was a problem. Since the Commission’s efforts regarding anti-Semitism began in 2002 with the OSCE Parliamentary Assembly, a lot of progress had been achieved, but attendees did discuss work that still needed to be accomplished. For example, as per Commission findings, even Belarusian President Aleksandr Lukashenka had made anti-Semitic comments, underscoring the inadequate efforts the Belarusian government had made to hold those guilty of anti-Semitic vandalism accountable. The Russian Federation had operated under similar circumstances, but the situation for Jewish individuals was better in Turkey. However, attendees did discuss “skinhead gangs” and similar groups elsewhere in the OSCE.   http://www.csce.gov/video/archive2-08.ram

  • Freedom of the Media in the OSCE Region Part 2

    Freedom of media is one of the cornerstones of democracy, and recognized as such under international human rights law and in numerous OSCE commitments.  Moreover, a free and independent media is not only an essential tool for holding governments accountable; the media can serve as an agent of change when it shines a light into the darkest crevices of the world (examining environmental degradation, corporate or government corruption, trafficking in children, and healthcare crises in the world's most vulnerable countries, etc.) Freedom of the media is closely connected to the broader right to freedom of speech and expression and other issues including public access to information and the conditions necessary for free and fair elections.  The hearing will attempt to illustrate the degree in which freedom of the media is obstructed in the greater OSCE region.

  • Combating Hate Crimes and Discrimination in the OSCE

    Congressman Alcee L. Hastings (D-FL), Chairman of the CSCE, held a briefing on hate crimes and discrimination in the OSCE region.  Joining Chairman Hastings at the dais were Helsinki Commissioners Senator Gordon Smith (R-OR) and Congresswoman Hilda Solis (D-CA).  The briefing focused on intolerance and discrimination within the 56 countries that make up the Organization for Security and Cooperation in Europe (OSCE).  Congressman Hastings emphasized the discrimination against the Roma and other minorities of Turkish, African, and south Asian descent when they attempt to apply for jobs, find housing, and get an education The panel of speakers – Dr. Dou Dou Diene, United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia, and related intolerance; Dr. Tiffany Lightbourn, Department of Homeland Security, Science & Technology Directorate; and Mr. Micah H. Naftalin and Mr. Nickolai Butkevich, UCSJ: Union of Councils for Soviet Jews – spoke of the rising popularity of right-wing extremist party, who espouse vicious anti-Semitic slogans and appeal to a 19th century form of European ethnic identity.  In addition, Urs Ziswiler, the Ambassador of Switzerland, attended the briefing and commented on the rise in xenophobic views in Switzerland.  

  • Freedom of the Media in the OSCE Region Part 1

    The hearing focused on trends regarding freedom of the media in the Organization for Security and Cooperation in Europe (OSCE) participating States, including developments in Russia, Kazakhstan, Azerbaijan, and Turkey. In particular, the hearing highlighted the fact that journalists continue to face significant challenges in their work in numerous OSCE countries, such as acts of intimidation, abduction, beatings, threats or even murder.

  • The 2007 Turkish Elections

    Chairman of the Commission on Security and Cooperation in Europe, Hon. Alcee L. Hastings, presented an analysis of the parliamentary election in Turkey and what the results would mean for the future of U.S.-Turkey relations. The elections were deemed to be largely successful, and were decreed as free, fair, and transparent with an 80% voter turnout. This briefing also noted the difficulties of finding a balance between the Islamic and secular establishment and the rising tensions between Turkey and the Kurds in Northern Iraq. Witnesses testifying at the briefing – including Soner Cagaptay, Director of the Turkish Research Council, Washington Institute; and Ilan Berman, Vice President for Policy of the American Foreign Policy Council – focused on Turkish domestic politics and Turkish electoral relations after the elections. An optimistic view of government stability in light of the election results was presented. The activities of the PKK inside Turkey was identified as one of the main factors in shaping the U.S.-Turkish relationship.

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