Title

Human Trafficking in Travel and Tourism Topic of Upcoming Helsinki Commission Briefing

Tuesday, May 01, 2018

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

FIGHTING HUMAN TRAFFICKING IN TRAVEL AND TOURISM:
NEW CHALLENGES AND SOLUTIONS

Monday, May 7, 2018
3:00 p.m.
Russell Senate Office Building
Room 485

Live Webcast: www.facebook.com/HelsinkiCommission

Traffickers move trafficking victims on airplanes, buses, trains, and taxis—frequently relocating to avoid detection by law enforcement and to chase big markets, like major sporting events and vacation destinations. Hotels, often unknowingly, sell rooms to traffickers for exploitation. 

Over the last decade, transportation and hotel professionals have recognized the role they can play on the front lines of identifying potential trafficking victims. Many organizations work alongside NGOs and the Departments and Homeland Security and Transportation to ensure that their employees are ready to respond to, rather than look away from, victims in plain sight. 

However, some companies have been slow to join the fight. Legislation pending in Congress will require hotels and airlines to train their employees to spot and report signs of trafficking before the companies can become eligible to win government contracts. More decentralized systems of travel and tourism—such as Airbnb and Uber—may need new frameworks to ensure that their systems do not become the preference of traffickers on the move.

The following expert panelists are scheduled to participate:

  • Michael “Mick” McKeown, Blue Campaign Executive Director, U.S. Department of Homeland Security
  • Tracey Breeden, Director of Safety Communications, Uber
  • Nancy Rivard, Founder and President of Airline Ambassadors
  • Carol Smolenski, Executive Director, End Child Trafficking and Pornography (ECPAT), USA
  • Craig Kalkut, Vice President of Government Affairs, American Hotel & Lodging Association
  • Nick Shapiro, Global Head of Trust & Risk Management, Airbnb

Additional panelists may be added.

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
Relevant issues: 
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The TPVA established three tier rankings, and a watch list. • Tier 1: governments that fully comply with the minimum anti-trafficking standards; • Tier 2: countries that do not fully comply with the minimum standards but are making significant efforts to do so; and • Tier 3: countries that do not fully comply with minimum standards and are not making significant efforts to do so. Bosnia is perhaps the best example of progress: a Tier 3 country in 2001, today Bosnia in now Tier 1. Georgia also moved from Tier 3 to Tier 1. There are many OSCE countries on the Watch List, however, including Azerbaijan, Moldova, Malta, Russia, Turkmenistan, Tajikistan, and Uzbekistan. I would note that Malta has recently taken the step of naming a “Czar” to fight trafficking in persons. In the past decade, we have seen progress in combating human trafficking on a number of fronts, especially in victim identification. In 2008, over 8,900 victims were identified in the OSCE region excluding the United States and Canada. In 2009, over 14,650 victims were identified plus an additional 1,700 in the US. Clearly, we are all getting better at finding and assisting victims. Albania and Montenegro are to be especially congratulated for their progress in victim identification—much of that progress is due to education and awareness. On another important front, however, I am concerned that prosecutions in the OSCE region have declined from a high of 3,270 in 2005 to 2,208 in 2009. Which begs the question: why the drop? Could it be that we are winning and the tide is turning? Or have the traffickers become savvier at eluding law enforcement or gone deeper underground? Or have prosecutors simply begun to de-prioritize human trafficking cases? I believe that In each of our countries, we need to be ramping up prosecutions, with the aim of not just mitigating but ending modern day slavery. 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Yet, the top ranking trafficking official in the United States has told me that, in some countries, people from these sectors have never even met. As Special Representative on Human Trafficking for the OSCE Parliamentary Assembly, I offered a supplemental resolution in Oslo entitled “Combating Demand for Human Trafficking and Electronic Forms of Exploitation,” to build on recent accomplishments. The resolution focused in part on best practices designed to root out misuse of the Internet for human trafficking and child pornography. Some of these best practices include: • Digital tagging of adult sections of websites; • community flagging of website postings reasonably believed to be advertising a trafficking or child pornography victim; • use of manual and regularly updated electronic screening for criminal postings; • telephone and credit card verification on all posts, which enables the website to block from use a person who has previously posted a trafficking or child pornography victim; • Trafficking and child pornography reporting hotlines; and an ongoing dialogue with law enforcement. Tragically, the internet has opened a whole new front in the war with human traffickers—enabling and encouraging demand with few obstacles. We must develop appropriate safeguards to ensure that freedom of speech does not become freedom to exploit and abuse. And we must demand that corporations act responsibly and cease all facilitation of trafficking. I am happy to report that, as of September 3, Craigslist—a free advertising website—is no longer operating its “adult services” page in the United States. Public outrage, investigative reports in the media, requests from law enforcement, and damning testimony from young girls who had been trafficked on Craigslist—all had an impact. Sex tourism is an escalating threat to the children of every country. The supplemental resolution adopted in Oslo underscores the importance of enhanced international cooperation to monitor the travel of convicted sex offenders. In the U.S. Congress, I have sponsored a new bill—the International Megan’s Law—that has passed the House and is pending in the Senate. The bill provides notification to a government when a convicted U.S. sex offender, who poses a real danger to children, is planning to visit that country. 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This past week, a follow-up meeting was held in Washington for embassy officials from several countries including OSCE nations—Portugal, Greece, Macedonia, Italy, Malta, Belgium, Ukraine, Bosnia Herzegovina, and Kazakhstan sent representatives. The flight attendants shared numerous stories of their own experience—highlighting how awareness of the signs of human trafficking and a phone call to police, in advance of landing, can literally save someone’s life. Air France is to be commended for running public service announcements on trafficking and encouraging passengers to keep an eye out for potential victims. We must encourage every airline in our respective countries to implement—without delay or excuse—The Airline Ambassadors Child Trafficking Initiative. In sum, a decade later, much has been accomplished—acts of human trafficking have been prevented, victims rescued and protected, and traffickers prosecuted and thrown into jail. Major challenges, however, remain. It falls to us—and like-minded people everywhere—to meet those challenges head on and wage an unceasing campaign to eradicate human trafficking from the face of the earth.

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  • 2009 OSCE Mediterranean Conference in Cairo is a Sucess

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Participation in this conference was at a high level with the majority of the participating States and all of the Mediterranean Partners for Cooperation represented by their Ambassadors to the OSCE. Members of the Parliamentary Assembly of the OSCE in attendance included a Vice-President and officers of two of the Assembly’s General Committees. Discussion in all of the sessions was lively with active participation by the Ambassadors, particularly those representing the Mediterranean Partners, as well as other public and private sector participants. A number of themes emerged across the sessions including agreement that the partnership between the OSCE participating States and their Mediterranean Partners has strengthened. The establishment of the Partnership Fund and the Athens’ Ministerial invitation to the Partners to contribute to the Corfu Process are largely attributed with bolstering the strength of the Partnership. 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The moderators stated the following conclusions emanating from the discussion: The confidence and security building measures as well as early warning mechanisms developed in the framework of the OSCE could serve as a model and help to foster cooperation and confidence in the Mediterranean region; the participation of the Partners in the Corfu process should enhance the Mediterranean Partnership; and, the Partnership should move forward based on concrete, achievable objectives with possible long-term goals of establishing a Mediterranean conflict prevention center and developing regional codes of conduct to enhance dialogue and cooperation. Session 2: Implications of the current economic and financial crisis on migration The second session was moderated by Mr. Daman Bergant, Head of the OSCE Department of the Ministry of Foreign Affairs of Slovenia, and panelists included Ambassador Omar Zniber, Head of the Delegation of the Kingdom of Morocco to the OSCE, and Ms. Rebecca Bardach, Director of the Center for International Migration and Integration of the American Jewish Joint Distribution Committee. Mr. Bergant began the session by explaining that the global economic and financial crisis has an impact on migration and development. He outlined several topics to guide the discussion including the development of cooperative migration policies between the OSCE and the Mediterranean Partners; dialogue on how to prevent and combat illegal migration; international and regional cooperation on preventing trafficking in human beings, including trafficking for forced labor; protecting the human rights of migrants, including through combating hate crimes; and, the role of migrants in promoting tolerance and non-discrimination. Ambassador Zniber spoke to the impact of the current economic crisis on both migrants and development. He pointed out that the impact of the crisis makes migrants even more vulnerable and they face increased discrimination and further marginalization in society. Decreasing remittances, said the Ambassador – 10 to 15% in 2009 according to the World Bank – are a destabilizing factor, impacting countries of origin like Morocco which are particularly dependent on revenues from abroad. The Ambassador welcomed the Athens Ministerial Council Decision on migration management and urged that the OSCE continue its work in this area, in particular, by facilitating dialogue, exchanging best practices and fighting discrimination against migrants. Specifically, he recommended that the OSCE and its Mediterranean Partners establish a working group on migration management and related security aspects; develop a multi-dimensional and long-term approach on migration management; promote regional cooperation and partnerships between all responsible parties including countries of origin, transit and destination, civil society and the private sector; create reintegration and training programs; and, protect the human rights of migrants and their families. Ms. Bardach gave a comprehensive review of migration issues impacting Israel. She explained that only in the last two decades has Israel seen a significant increase in migration flows across its borders. This is presenting challenges to the government in managing migration and dealing with large numbers of refugees, asylum seekers, and labor migrants, in addition to human smuggling and trafficking. While Israeli efforts to combat trafficking for sexual exploitation have resulted in marked progress, she said, efforts to combat labor trafficking are still in their infancy. Based on this experience, Ms. Bardach suggested that the OSCE should develop policies to address irregular recruitment practices and raise awareness about such practices; develop cooperation on both the regional and bilateral level to increase information sharing, strengthen border controls and address the humanitarian needs of migrants; develop culturally sensitive tools for law enforcement officials; and, improve the reception and registration of refugees, including assisted voluntary return. During the discussion following the panel presentations, a number of delegations echoed the view that the OSCE and its Mediterranean Partners should serve as a broad regional platform for a coordinated dialogue on migration, and should develop a comprehensive strategy to prevent cross-border trafficking that includes the private sector. The contributors in this session demonstrated the need for better data collection and sharing regarding migration in the Euro-Mediterranean context. This goal was identified as a potential priority for the Partnership Fund. Proposals distributed by the Moroccan and Egyptian delegations have both cited the importance of developing research institutions, which could serve to further the goal of better data collection and expertise sharing. Session 3: Prospects for OSCE Mediterranean Cooperation The third session Chaired by Ambassador Kairat Abdrakhmanov, Head of the Permanent Mission of Kazakhstan to the OSCE and Chair of the OSCE Permanent Council, focused on a review of achievements to date in improving dialogue and cooperation between the participating States and the Mediterranean Partners, and developing effective follow-up on recommendations of previous seminars and ministerial declarations referencing the Partners. Featured speakers were Ambassador Makram Queisi, Permanent Representative of Jordan to the OSCE, and Mr. Agustin Nunez, Deputy Head of Mission of the Permanent Mission of Spain to the OSCE. Ambassador Queisi presented four areas in which he felt cooperation could improve the relationship between the OSCE and the Mediterranean region – environmental aspects of security such as soil erosion, desertification and water management including the possible creation of an environmental data collection center in the region; enhanced border security to combat terrorism and trafficking including cooperation with the Regional Counter Terrorism Training Center in Jordan; combating discrimination against Muslims; and developing nuclear non-proliferation strategies for the region. The Ambassador also stated his view that Partner status should be granted to the Palestinian National Authority as a confidence building measure. Mr. Nunez reviewed the development of the participating State’s cooperation with their Mediterranean Partners including increased participation by Mediterranean Partners in OSCE activities and recent examples of concrete cooperation on issues such as countering terrorism, promoting tolerance and freedom of the media, and enhancing border management. He emphasized the importance of having a strategic vision for the Partnership and commended the proposal by the Kazakh Chair of the Mediterranean Contact Group that three priority areas should be identified for developing projects to be financed by the Partnership Fund. Mr. Nunez concurred with Ambassador Queisi’s view that the Partnership should be enlarged to include the Palestinian National Authority and noted that Spain had circulated two food-for-thought papers on this topic in 2008. Following the presentations, active debate among the delegations ensued and focused primarily on the current status of the Partnership and its achievements to date, proposals for additional areas of cooperation, procedural improvements and the issue of possible enlargement of the Partnership. Enhanced cooperation in the areas of promoting tolerance and non-discrimination, freedom of the media, gender, combating trafficking in human beings, energy security, security aspects of climate change, water management and fighting corruption, drug trafficking and terrorism was discussed. It was suggested that working groups should be established to examine these issues and make recommendations for action. Participants also called for the establishment of a system for effective follow-up on recommendations and agreed proposals, as well as enhanced coordination with other regional institutions and organizations. The participants actively discussed the question of enlarging the Mediterranean Partnership with some participants supporting the granting of Partner status to the Palestinian National Authority as a confidence building measure conducive to dialogue and peace in the region. Debate over this particular consideration illuminated the need for an expeditious response to the request of the Palestinian National Authority (PNA) to become an OSCE Mediterranean Partner for Cooperation. It is apparent that a number of participating States and partners recognize the value of their participation in Mediterranean Dimension activities. Yet, disagreement arises when considering the implications of recognizing a territory as a full-fledged partner. Some participating States see the case of the PNA as unique in that there is already international agreement on the existence of a future Palestinian State. Other participating States believe that affording a territory official status sets a precedent for other territories seeking recognition in the OSCE region. A number of these leaders believe that a future Palestinian State should be granted partner status after formal international recognition. Thus, it will be unlikely that consensus on partnership with the PNA will be reached at this time and the OSCE Chair-in-Office should issue a formal response acknowledging this. The question of PNA participation will continue to mire productive dialogue on other opportunities for cooperation until a decisive response is issued by the OSCE Chair-in-Office. Alternatives for their participation should however be explored. Some possibilities include establishment of an alternative status of “observer” or other title within the framework of the Partners for Cooperation to allow for a transitional process of full recognition as a Partner. In addition, some sort of agreement should be established on recommended countries outside of the Mediterranean Partnership for invitations to OSCE Mediterranean Dimension activities. Conclusion: Future Considerations for Annual Conference Administration A tremendous success of the 2009 Mediterranean Conference was the engagement of the Ambassadors from the Mediterranean Partners in the agenda. Each panel featured a Mediterranean Partner Ambassador, which helped balance the contributions during the discussion. Previous conferences did not adequately balance the opportunities for contributions between the Mediterranean Partners and the OSCE participating States. In the most grievous of incidences, panelists and participating States at the 2008 Mediterranean Conference in Amman, Jordan took so much time during the discussion that contributions from representatives of the Partners were significantly curtailed. It only makes sense that the contributions of the Partners be prioritized when the purpose of the conference is enhancing cooperation with their respective countries. Meaningful participation by the Partners remains the only way to sustain the future of the OSCE Mediterranean Dimension. A recurring challenge of the annual Mediterranean conference is a lack of willingness to host the event among the Mediterranean Partners. The venue question remains an issue that paralyzes cooperation among the Mediterranean Partners and has the potential to diminish the productivity of the conference each year. The venue question stems from a number of factors. Not only is the conference capital-intensive for the hosting State, political considerations regarding the participants in the OSCE Mediterranean Dimension keep Partners like Algeria and Tunisia from taking a leadership role in hosting the event. Thus, active Partners like Egypt, Jordan, Morocco, and Israel bear the burden of hosting the conference most frequently. Ownership of the OSCE Mediterranean Dimension through hosting the conference and originating initiatives remains an ideal that the partnership should aspire to. However, it is not unprecedented that participating States would host the conference. Previous Mediterranean seminars were hosted by Greece (2002), Croatia (2001), Slovenia (2000), and Malta (1998), prior to the elevation of the event to a “conference” by the Greek chairmanship of the OSCE in 2008. Participating States have offered to host the upcoming 2010 conference. Proceeding with an established venue earlier in the year may provide for more time for substantive topic development. Such a deviation from Mediterranean Partner ownership of the event should be seen as an exception until a more appropriate mechanism for rotating the responsibility of hosting the conference is devised. The 2009 Mediterranean Conference was well executed by the Egyptian government, especially considering the short time between their final commitment to do so and the date of the event. However, NGO participation was notably missing. The 2008 OSCE Mediterranean Conference in Amman featured a session for NGOs from throughout the Mediterranean region on the day prior to the conference and subsequently included a robust NGO presence during the conference proceedings. OSCE Participating States led by the United States made extra-budgetary contributions to the OSCE Partnership Fund to help facilitate a robust NGO presence. International organization representatives that were invited to present on the session panels in the 2009 Cairo conference were among the few non-governmental participants present. It is true that participating States lack the wherewithal to contribute annually to facilitate an NGO presence especially given global fiscal challenges. However, exploring partnerships with appropriate foundations, endowments, and institutions involved in Euro-Mediterranean engagement may result in a consistent and strong NGO presence at events within the OSCE Mediterranean Dimension.

  • Cardin: Take Action Against Child Slavery

    More than a century after ratification of the 13th Amendment, thousands of slaves are still transported to America each year. The International Labor Organization estimates that over 12 million people worldwide are held in bondage at any point in time, nearly 2 million of whom are child sex slaves. Modern day human traffickers have developed creative and ruthless methods to extend the practice of slavery into the 21st century, making their crimes more difficult to detect and counter. The United States, starting with leadership from the U.S. Helsinki Commission, has always been at the forefront of combating these crimes, but more work remains, not only at home, but abroad where developing nations often lack the resources and mechanisms to confront traffickers. That is why Senators Barbara Boxer (D-CA), Sam Brownback (R-KS) and I recently introduced the Child Protection Compact Act. This legislation is critical to protecting children, the most vulnerable prey of human traffickers. This bill will help coordinate an international response against trafficking in persons by empowering the State Department to partner with foreign governments, so a lack of resources in one country does not mean a lack of action to protect children from these crimes. Under this legislation, if a government demonstrates a commitment to eliminate trafficking, they will qualify for a 3-year agreement with the Secretary of State. The agreements, or compacts, will identify effective measures to address institutional weaknesses and increase local governments' capacity. Under the agreement, the United States would provide up to $15 million to support government initiatives such as improved law enforcement, victim-friendly courts, and shelters for rescued children. The Senate bill is similar to legislation introduced in the House of Representatives by my colleague on the Helsinki Commission, Rep. Chris Smith (R-NJ), whose bill has attracted 95 bipartisan cosponsors. By supporting bills like ours, lawmakers stand up to remind the world that slavery in all forms is unacceptable. The Child Protection Compact Act is the next stage of the American effort in leading the world in fighting this atrocity.  

  • Corruption: A Problem that Spans the OSCE Region and Dimensions

    By Troy C. Ware, with contributions from Shelly Han In July 2008, Members of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and other Members of Congress traveled to Astana, Kazakhstan for the seventeenth Annual Session of the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA). The session’s theme was “Transparency in the OSCE.” At the outset of the trip, Congressman Alcee L. Hastings, then Chairman of the Commission, remarked that while he supported the candidacy of Kazakhstan for the Chairmanship of the OSCE it was “imperative that the government undertake concrete reforms on human rights and democratization.”1 A number of nongovernmental organizations have cited the high level of corruption in Kazakhstan as one impediment to democratic reform. Kazakhstan is by no means alone. Recognizing the existence of corruption throughout the OSCE region, Helsinki Commissioners have consistently addressed the problem by raising it through hearings, legislation, and the OSCE Parliamentary Assembly. Hearings in 2006 identified corruption as a hindrance to fulfilling human rights commitments and economic development in South-Central Europe (Helsinki Commission June 2006 Hearing). The role of corruption as a force in restricting freedom of the media in Azerbaijan was highlighted in a 2007 hearing (Helsinki Commission August 2007 Hearing). This report will draw attention to recent initiatives undertaken by the Helsinki Commission that have shown corruption undermines human rights, fundamental freedoms and overall security. Wherever found, corruption not only stunts democratic reform, but also weakens the security and economic condition of states. Although corruption manifests itself in various ways, this report can practically only discuss a few. For example, prominent manifestations within the three OSCE dimensions discussed include parliamentary corruption, diversion of funding from infrastructure and human trafficking. Understandably, countries will not solve a widespread and pervasive problem with a singular approach. Additionally, this report will discuss the importance of capacity building initiatives that focus on prevention as a critical element in an anti-corruption campaign. This is an element that must be included alongside the high profile anti-corruption prosecutions governments may be inclined to conduct. A number of international governmental and nongovernmental organizations produce regular surveys or reports on corruption. The 2008 survey of corruption by Transparency International (TI), an international nongovernmental organization that promotes anti-corruption policies worldwide, ranked twelve OSCE participating States in the bottom half of 180 countries surveyed. The least corrupt countries were assigned the highest ranking. Kazakhstan ranked 145, which was still ahead of the OSCE countries of Azerbaijan, Belarus, Kyrgyzstan, Russia, Tajikistan, Turkmenistan and Uzbekistan.2 Experts point out that since TI uses a survey, its findings may lag behind reality, reflecting only perceptions based on increased reporting resulting from government enforcement of anti-corruption laws. Others point out that surveys place too much emphasis on bribery although forms of corruption vary greatly from country to country.3 Nonetheless, other barometers, such as evaluations of the Group of States Against Corruption (GRECO), which measures anti-corruption policy reform and capacity through a multi-year expert evaluation process, suggest that some OSCE participating States are only partially implementing standards set by the group. Corruption, which was explicitly highlighted in the Parliamentary Assembly’s concluding document, the Astana Declaration,4 is a multidimensional blight that undermines human, economic, environmental, and security dimension policy goals throughout the OSCE region. Human Dimension Genuine democracy and rule of law cannot exist if the passage, implementation and judgment of the law favor the highest bidder. Moreover, the rule of law requires more than elections and a neutral and impartial judiciary; it requires that individuals receive the unbiased and dispassionate benefits of the law from all public servants. Larry Diamond wrote in the March/April 2008 issue of Foreign Affairs that, “[f]or a country to be a democracy, it must have more than regular, multiparty elections under a civilian constitutional order.” He points out that when regular elections are accompanied by corrupt police and bureaucracies, many people are “citizens only in name” and in their disillusionment gravitate toward authoritarian leadership.5 Observers frequently focus attention on removing graft from courts and elections. However, corruption in other spheres of society, such as among lower level public servants, contributes to the notion of corruption as an acceptable behavior often having the most immediate adverse effect on the average person. Government employees of modest rank are capable of denying basic fundamental freedoms such as equal protection of the law, enjoyment of property, the right of minorities to exercise human rights and freedoms, and the independence of legal practitioners.6 Those who advocate for the victims of corruption, even within the judicial systems, often cannot do so without repercussions. Furthermore, when parliaments become sanctuaries for persons engaged in corruption the protection conveys a message that corruption will be tolerated elsewhere in society. Parliamentary Immunity In a 2006 brief, the U.S. Agency for International Development (USAID) defined parliamentary immunity as “a system in which members of a legislature are granted partial immunity from prosecution from civil and/or criminal offenses.” USAID further states that parliamentary immunity’s purpose is to “reduce the possibility of pressuring a member to change his or her official behavior [with] the threat of prosecution.”7 Unrestrained parliamentary immunity impedes the investigation and prosecution of corruption, makes parliamentary acquiescence and perpetuation of corruption possible, fosters a culture of corruption among other government officials and security officials, and disproportionately affects minority populations. According to Development Alternative Incorporated (DAI), a development consulting company, developing democracies tend to favor the broadest scope of immunity which allows corrupt activities almost with impunity. Although rare, a parliament may vote to lift immunity from one of its members, as was the case in Armenia in 2006 when immunity was removed for a parliament member who allegedly failed to pay taxes and instigated a gun fight.8 While parliamentary immunity can protect the independence of legislatures, frequently it is a shield for illicit activity. A 2007 USAID report, Corruption Assessment: Ukraine, found that “legislators have amassed fortunes through business interests and other means . . . with little transparency or accountability.” Moreover the report found that broad immunity created a powerful incentive to seek public office and introduced “illicit funding” into the political process.9 Even if prosecuting agencies investigate the activities of legislators, the individuals are rarely prosecuted because the parliament will not lift immunity. ArmeniaNow, an NGO publication, found that in the first fifteen years of Armenian independence, immunity was waived in only five instances.10 Although democratic attributes exist ostensibly in most OSCE participating States, features such as elections may ironically serve to conceal the self-serving rule that results from corruption. Parliamentary corruption can lead to a cycle in which the parliament cannot effectively exercise an oversight role because its members have a personal stake in the illicit activity. The Bulgarian parliament’s resistance to closing duty-free vendors along its borders is an example of the controlling power of corruption according to Bulgaria’s Center for the Study of Democracy. Since 1992, duty-free fuel, cigarette and alcohol vendors have operated at Bulgaria’s borders.11 These operations, allegedly tied to organized crime, deprived the state of significant tax revenue and could undercut prices of competitors subject to duties. As a condition of joining the European Union, Bulgaria was required to raise excise duties up to a standard set by the EU. Furthermore, in 2003 the Minister of Finance signed a letter of intent with the International Monetary Fund to close all duty-free shops.12 In response to the increased tax, the illegal trade in duty-free goods increased. In 2004, the Finance Minister extended a license for the shops to continue until 2009 despite international commitments to the contrary. In 2006, the Bulgarian Parliament, instead of closing the shops, passed a law that allowed the shops to shift to the non-EU borders with Serbia, Turkey, and Macedonia.13 Finally, in early 2008, the Parliament passed a law to close the duty-free shops.14 Previously, the Center for the Study of Democracy asserted that “national level illegal proceeds from duty-free trade [had] been deployed to capture the state” and the vendors had used “political corruption to secure perpetual monopoly business positions.”15 Helsinki Commission Chairman Senator Benjamin L. Cardin has raised the issue of unbridled parliamentary immunity on many occasions. In a hearing in June 2006 on Human Rights, Democracy, and Integration in South Central Europe, Senator Cardin made a commitment to push the Parliamentary Assembly to adopt initiatives calling for changes to parliamentary immunity laws. At the July 2006 OSCE Annual Session Cardin authored a resolution on parliamentary immunity, which passed, urging the OSCE participating States to “[p]rovide clear, balanced, transparent, and enforceable procedures for waiving parliamentary immunities in cases of criminal acts or ethical violations.” In 2007, Cardin raised the issue of how parliamentary immunity can serve as cover for corruption in a Helsinki Commission hearing on Energy and Democracy (Helsinki Commission July 2007 Hearing). He has also urged nations such as Ukraine to consider changing their parliamentary immunity laws.16 Petty Corruption Like water flowing downhill, if corruption exists at the higher levels of government and society, it will permeate the performance of public servants at every level. During a 2008 Helsinki Commission hearing on Kazakhstan’s accession to the OSCE Chairmanship, Martha Olcott of the Carnegie Endowment for International Peace identified corruption that is “rampant in daily life” in Kazakhstan and present at all levels of government (Helsinki Commission July 2008 Hearing).17 Endemic corruption within the government bureaucracy has an immediate effect in terms of confidence in government and cost to the people of any country. A 2009 report stated that among European Union countries, 17 percent of Greeks and thirty percent of Lithuanians had admitted to paying a bribe to obtain service from a public administrative body.18 In many countries, widespread corruption has led to a level of acceptance. GfK Research, an international marketing and research company, conducted a study in 2006 which reported that 61 percent of Romanians, 58 percent of Bosnians, and 56 percent of Czechs regarded bribes as a normal part of life.19 Frequently, national health care service is provided only to those willing to pay extra to medical personnel. In Romania, $225 paid by Alina Lungu to her doctor was apparently not enough to prevent him from leaving the pregnant women alone for an hour during labor and her baby from being born blind, deaf, and with brain damage due to the umbilical cord being wrapped around him.20 Global Integrity, a nonprofit organization that monitors governance and corruption worldwide, provides an account of a Latvian girl experiencing stomach pain who was allowed to sit in a hospital for several days without pain-killers or treatment until her father paid money to the doctor.21 A survey in Bulgaria showed that the amount of Bulgarians identifying the health sector as the most corrupt in comparison to others such as customs, police, and judiciary increased from 20 percent in 2002 to 39 percent in 2007.22 According to 2007 reporting, Bulgarians experienced corruption in almost every type of health service including referrals, surgery, birth delivery, and emergency care. The problem is very widespread in hospital care.23 Some conclude that health workers take extra payments from patients for services already covered by health insurance and administrators overstate costs in hospital care due to insufficient hospital financing and financing regulations that encourage overspending.24 fficials regularly abuse their authority in the enforcement of traffic laws and in the area of travel. Vladimir Voinovich, a prominent Russian author, points out that to become a public official or policeman you must pay off your boss and that payment is financed through taking bribes.25 Even when officials wish to behave honestly, providing “a stream of payments to patrons” becomes a matter of survival.26 In Uzbekistan, permission from the local government is required to move to another city and according to the 2008 Department of State Report on Human Rights Practices in Uzbekistan, local authorities commonly issue the required documents only in return for a bribe. The report also states that police “arbitrarily detained people to extort bribes” on a regular basis.27 The 2008 report on Human Rights Practices in Azerbaijan noted that police officers regularly impose arbitrary fines on citizens and seek protection money.28 The report on Poland recognized that corruption among police was widespread.29 In many countries, drinking and driving has become commonplace because police can be bribed to look the other way. The Effect of Corruption on Minorities More often than not, police corruption disproportionally affects minority groups. In a Helsinki Commission briefing in 2004, Leonid Raihman of the Open Society Institute described the plight of Roma in Russia who are trapped in a cycle of poverty exacerbated by bribes extracted by the Russian police (Helsinki Commission September 2004 Briefing). Often detained on charges of not possessing proper personal documents or a false accusation of committing a crime, Roma will hire an attorney whose sole function is to negotiate the price of the bribe for their release. According to Raihman, the situation is analogous to that of a hostage whose freedom is being negotiated. This can sometimes lead to families selling their car, life savings or home. He noted that the worst case scenario results in homelessness.30 Regulations that require people to register their official place of residence or obtain an internal passport provide fertile soil for minority exploitation through corruption. According to the 2007 Department of State Report on Human Rights Practices in Russia, “darker skinned persons from the Caucasus or Central Asia” were regularly singled out to see if they possessed an internal passport and had registered with local authorities.31 Typically, if allowed to register, a person must pay a bribe.  Retaliation against Lawyers The legal profession, in addition to an independent judiciary, is an essential part of a functioning democracy. Still, government officials have used retaliatory criminal prosecution and coercive measures to discourage lawyers from representing clients in cases that expose corruption. An example from Russia is that of the attorneys representing Hermitage Capital and its executives.32 Lawyers from four independent law firms representing Hermitage have apparently been subject to unlawful office searches, illegal summonses demanding that they testify as witnesses in the same cases where they are representing clients, and that they falsify testimony against clients. Lawyers who failed to comply were subjected to criminal charges. Several of the lawyers have fled Russia.33 Sergei Magnitsky, a Russian lawyer with Firestone Duncan, a firm which represented Hermitage Capital, was arrested in November 2008 in connection with his investigation of government corruption. Magnitsky died in custody this November in a case that highlighted the difficulty of standing up to corruption and poor Russian prison conditions. As the dismissal of the head of the tax agency which Magnitsky was investigating suggests, the death is still reverberating at the Kremlin.34 However, it remains to be seen if long-term actions to protect lawyers exposing corruption will be undertaken. Persons familiar with the Russian legal system say little importance is placed on the attorney-client privilege.35 Allegedly, companies like the 2X2 television network, charged with committing crimes against the state by broadcasting content including the Simpsons and South Park encounter difficulties finding legal representation.36 Government attacks on lawyers and their clients who expose corruption represent a serious threat to the rule of law. When lawyers are intimidated and afraid to represent clients, citizens are defenseless against corruption. A primary reason for this is that courts present many complexities that non-attorneys may find difficult to overcome. The U. S. Supreme Court in Powell v. Alabama explained the challenge faced by a non-attorney representing himself in saying that the non-attorney often cannot recognize if the “indictment is good or bad,” is “unfamiliar with the rules of evidence,” and “lacks the skill and knowledge adequately to prepare his defense.”37 It is imperative that lawyers are protected from government interference and political persecution so that they may effectively represent and protect their clients’ interests. The Economic Dimension Studies suggest corruption retards economic development and generally results in a lower standard of living. The OSCE Best-Practice Guide for a Positive Business and Investment Climate, asserts that “corruption is clearly a major indicator of the health of a business and investment climate” and that the “wealthiest OSCE countries are generally the countries judged to be least corrupt by international observers.”38 Corruption adversely affects economic growth by slowing infrastructure development, increasing costs for businesses, and preventing competitive business outcomes. Moreover, the responsibility of wealthier OSCE participating States cannot be disregarded. Multinational corporations from developed nations, largely through acquiescent behavior, may promote corruption in countries where it is most prevalent. Cost to Business and the Overall Economy Bribes pose a significant cost for businesses in many OSCE countries. The Best Practice Guide notes that in former Soviet countries a higher percentage of business revenue is dedicated to paying bribes than in Western Europe.39 The guide reported that in some countries businesses pay up to four percent of their total costs in bribes.40 Whether through customs, licenses, or permits, the opportunity for graft exists where there are excessive bureaucracies or regulations. The CATO Institute’s report, The Rise of Populist Parties in Central Europe, identifies building permits as “an especially attractive source of extra income.”41 According to a World Bank report, building a general storage two-story warehouse in Moscow requires 54 procedures and 704 days.42 This interaction with numerous agencies and government officials increases the opportunity for bribes. Bribes ultimately distort market outcomes because the most competitive companies are not rewarded for their efforts and therefore some companies choose not to compete at all. For example, government contracting is one area where bribes undermine competition and the public good. J. Welby Leaman, an advisor to the U.S. Treasury Department wrote in the Pacific McGeorge Global Business and Development Law Journal, “public officials’ solicitation of their ‘cut’ impoverish government programs.”43 The CATO Institute report cites the case of Dell Corporation losing a computer contract with the Czech parliament. Dell’s bid reportedly met all technical specifications, was the lowest cost and offered to pay a penalty fee for late delivery. Nonetheless, the contract was awarded to a Czech firm that asked for twice as much as Dell.44 Leaman also notes that if a firm cannot pass on a bribe’s cost to the customer, that firm may choose not to compete, which robs the economy of “additional investment and competition.”45 Diversion of Wealth from Natural Resources While a number of OSCE participating States are fortunate to possess large reserves of oil and natural gas, in many instances the wealth produced by these resources does not benefit the citizens of the states, but only the few who control the resources. The Helsinki Commission held hearings in 2007 spotlighting this misappropriation and betrayal of public trust. Simon Taylor of Global Witness identified the problem’s crux in many countries noting that in Turkmenistan, a country of approximately five million people, “[60] percent of [the] population lives below the poverty line despite two billion dollars in annual gas revenues.”46 Remarkably, in Kazakhstan, the economy grew only 0.3 percent between 2000 and 2005 despite its exportation of 1.2 million barrels of oil a day. Taylor also framed the diversion of profits for personal use as a matter of energy security resulting in unreliable supply and higher prices (Helsinki Commission July 2007 Hearing).47 Following the hearings, then-Commission Chairman Alcee L. Hastings introduced an amendment to the Energy Independence and Security Act of 2007 (H.R. 3221), which became law, making it U.S. policy to support the Extractive Industries Transparency Initiative (EITI) and for the U.S. Secretary of State to report annually on U.S. efforts to promote transparency in extractive industry payments.48 The 2009 report notes United States contributions to the EITI Multi-Donor Trust Fund, senior level State Department encouragement to developing economies to join EITI, embassy officer engagement with government officials in developing economies, and U.S. Treasury Department collaboration with development banks.49 In 2008, then-Co-Chairman Cardin sponsored an amendment to the Statement of the July 2008 OSCE Parliamentary Assembly Annual Session that among other things, “encourages governments from oil and gas producing countries to introduce regulations that require all companies operating in their territories to make public information relevant to revenue transparency.” The amendment was approved by the OSCE parliamentarians and adopted as part of the Astana Declaration.50 If the economies of oil and natural gas rich OSCE participating States are to reach their full potential, transparency and accountability must exist between extractive industries and national government. Infrastructure In addition to the price of bribes, a business is disadvantaged to compete in a market with less infrastructure due to corruption. Ukraine exemplifies an OSCE country that stands to gain from economic growth if road projects are funded, efficient and transparent. The World Economic Forum’s Global Competitiveness report on Ukraine notes that the poor state of Ukraine’s roads is hindered by road construction processes that provide many opportunities for corruption.51 This situation impedes not only new road construction, but also repair of existing roads and bridge construction. The State Motor Road Service of Ukraine reported that Ukraine loses the equivalent of one billion U.S. dollars annually due to poor road conditions.52 While new road projects are underway, including a new ring road around Kyiv, current legislation does not allow for a competitive private bidding process, without which the road system will continue to rank 120th out of 134 countries ranked by the World Economic Forum in quality of roads. Ukraine is not alone, Moldova ranked 133rd out of 134 countries.53 Not surprisingly, business leaders in Moldova ranked corruption as the second most problematic business obstacle in that country behind access to financing.54 Fraudulent Appropriation of Private Property A pattern of takeovers of private companies and the government-directed persecution of their executives and lawyers is reportedly becoming the norm in Russia. A prime example was the illegal takeover of companies belonging to the Hermitage Fund, a joint venture between Hermitage Capital Management and HSBC Bank. The takeover was allegedly achieved through brazen abuses of power by law enforcement authorities and interference by government officials with Russian courts. William Browder, the founder of Hermitage, and Jamison Firestone, his attorney, recently met with Helsinki Commission staff to discuss their case. Browder’s visa was revoked in 2005 for what he believes was his work in exposing corruption in state controlled companies with close links to the Kremlin. He then appealed to high-level Russian officials, Browder said, including an impromptu conversation with then-First Deputy Prime Minister Dmitry Medvedev at the Davos annual meeting of the World Economic Forum. After these appeals, Browder alleges he received a phone call from a senior law enforcement officer apparently offering to restore his visa for a price. When this offer was rejected, the Russian Interior Ministry raided the offices of Hermitage and Firestone (see Human Dimension – Retaliation against Lawyers). Corporate seals, charters, and certificates of registration for the Hermitage Fund companies as well as documents belonging to numerous other clients were confiscated during the raids. Following the raids, the corporate documents taken by the Interior Ministry in the office raids were used to wipe HSBC off the share registry of the Hermitage Fund companies. The same documents were used to forge back dated contracts and to file lawsuits against the Hermitage companies alleging significant liabilities. Although Hermitage and HSBC were not aware of these cases, various judges awarded $973 million in damages in legal proceedings that were concluded in a matter of minutes. These same fraudulent liabilities were used by the perpetrators to seek a retroactive tax refund of $230 million in profit taxes that Hermitage had paid to the Russian government in 2006. At the time of the refund, HSBC and Hermitage had already filed six criminal complaints with the heads of Russian law enforcement authorities documenting the involvement of senior government officials in this fraud. Despite these detailed complaints, the fraudulent tax refund was promptly approved and paid to the perpetrators in a matter of days in sharp contrast to the lengthy process normally associated with such a refund. In response to the complaints Russian authorities created an investigative committee staffed by the very officials implicated in the complaints. Moreover, a number of spurious retaliatory criminal cases have been lodged against Browder, his colleagues, and four lawyers from four separate law firms. In the meantime, Mr. Browder and a senior colleague, Ivan Cherkasov, have been placed on the Russian Federal Search List and face the possibility of becoming the subjects of an Interpol Red Notice. Because of the coordinated nature of actions taken by state officials in this scheme together with the official reaction to the Hermitage complaints, Browder suspects high level political interference.55 A country where property can be seized without due process is one where investment is likely to be depressed for fear of arbitrary loss. Regulation of Multinationals While the OSCE participating States of Central and Eastern Europe and the former Soviet Union often receive the most criticism for failing to curtail corruption, West European countries also face problems with corruption. One notable case is the recent investigation of defense contractor BAE Systems, a British firm, for alleged bribery in arms sales to Saudi Arabia and separate probes into wrongdoing in arms transactions with Chile, the Czech Republic, Romania, South Africa, Tanzania, and Qatar. The British newspaper, The Telegraph, reported that an alleged six billion pounds (approximately nine billion dollars) were paid to various Saudi officials. Citing a threat to cease intelligence sharing by Saudi Arabia, the British government terminated the investigation.56 In response to the termination of the investigation, the Organisation for Economic Co-operation and Development (OECD), issued a report criticizing the British government for not considering alternatives to discontinuing the investigation. Moreover, the report criticized the U.K. for not enacting legislation to meet the country’s obligation under the OECD Anti-Bribery Convention.57 While other companies are under investigation, and some like Siemens A.G. have paid record-setting fines, the case of BAE systems stands out because of the record of the U.K. in holding its multinationals to account for overseas bribery. Writing in Foreign Affairs in 2006, Ben Heinemann and Fritz Heimann argue that an area of “emphasis must be the implementation of enforcement and prevention measures by developed nations, where bribery of foreign officials can be more readily exposed and prosecuted.” Unfortunately, their article points out that as of 2006, only France, South Korea, Spain and the United States have brought more than one prosecution.58 In July 2008, the House of Lords upheld the decision of the British government to end the investigation of BAE systems and the government of Prime Minister Gordon Brown has taken no steps to reopen the case. It should be noted that under the pioneer Foreign Corrupt Practices Act (FCPA), which predates the OECD Convention, the United States has steadily increased investigations and prosecutions.59 The FCPA has three major provisions. Its best known provision prohibits U.S. Corporations and individuals from using an instrumentality of interstate commerce to bribe a foreign official, political party or candidate.60The two other primary provisions require corporations to maintain records which accurately reflect transactions and to maintain “internal accounting controls” to provide assurance transactions61 are executed with management’s authorization.62 Observers note that U.S. courts are limiting exceptions to the law and extending its scope while the Department of Justice is joining FCPA charges with charges under other federal laws.63 Reportedly, as of May 2009, the Department of Justice was pursuing 120 investigations of possible FCPA violations.64Recent prosecutions have resulted in favorable court decisions for authorities. In 2004, in a broad interpretation of the law’s application, a Fifth Circuit Court ruling rejected the claim that Congress meant to limit the FCPA only to bribes relating to contracts. The court held that the legislative history implies that the law applies broadly even to payments that indirectly assist in obtaining or retaining business.65 A recent lower court narrowed an exception for lawful payments under the laws of the foreign country. In a situation where a person was relieved of liability after reporting the bribe, the court wrote there “is no immunity from prosecution under the FCPA . . . because a provision in the foreign law “relieves” a person of criminal responsibility.”66 The aggressive enforcement environment and the government’s willingness to consider company-implemented compliance programs in deciding whether to prosecute has a positive consequence of incentivizing other companies to establish such programs. What remains to be seen is to what extent nations with mature economies will hold multinational corporations to account during times of economic hardship. Although only a handful of countries have brought prosecutions, it should be noted that many investigations result in settlements which require fines. In the case of Siemens A.G., the company settled to pay more than $1.6 billion in fines to both German and U.S. authorities.67 If mature economies do not hold multinational corporations accountable, they are in effect promoting corrupt behavior and being duplicitous in criticizing corrupt practices elsewhere. The Security Dimension One account from the book The Natashas: Inside the New Global Sex Trade is the story of Stefa from Moldova who traveled to Romania looking for work. Stefa met a man who introduced himself as an agent marketing positions as maids. Regrettably, nothing could have been further from the truth. This man placed Stefa and other girls in a crowded apartment where they were paraded naked and auctioned like cattle. Natasha was eventually sold and smuggled to Italy where she was sexually assaulted and forced to work as a prostitute.68 Stefa’s story is a common one that is usually facilitated by corruption. Heinemann and Heimann write “one ignores corrupt states that are failed or failing at one’s peril, because they are incubators of terrorism, the narcotics trade, money laundering, human trafficking, and other global crime.”69 In addition to these illicit activities, many recent reports tie corruption to the proliferation of small arms trafficking and sales. Terrorism Many observers believe that terrorists appear to have taken advantage of corruption to conduct attacks. It was reported that one of two female suicide bombers from Chechnya who brought down two Russian passenger aircrafts in August 2004 paid a $34 bribe to board a plane for which she did not have a ticket. Shortly after, flight 1047 and another flight boarded by the second suicide bomber, flight 1303, blew up in mid-air after departing Moscow’s Domodedovo International Airport. Prominent Russian author Vladimir Voinovich, wrote on the Pakistani online newspaper The Daily Times that the terrorists who took control of the Dubrovka theatre in Moscow in 2002 were reportedly stopped fifty times by authorities while traveling to Moscow, but solely for the purpose of soliciting a bribe.70 An article inCrime & Justice International alleged that officials identified 100 Ministry of Internal Affairs (MVD) police personnel who were complicit in the travel of the Chechen fighters to Moscow.71 Corruption facilitates terrorism by decreasing border security and increasing money laundering. Kimberley Thachuk writes in the SAIS Review that “[c]riminal and terrorist groups depend on unimpeded cross-border movements, and so border guards, customs officers, and immigration personnel are notable targets of corruption.”72 In the U.S. Department of State’s Country Reports on Terrorism 2008, corruption among border guards was identified as a risk in the OSCE region, particularly Albania, Armenia, Kosovo, and Moldova.73 The targeting of border guards by criminal elements extends even to the United States. Recently, the U.S. Department of Homeland Security reestablished its internal affairs unit amid increased corruption investigations. It had been disbanded in 2003. In the spring of 2008, there were 200 open cases against U.S. law enforcement officers on the border. This corruption has involved smuggling of guns, drugs, and people.74 Corruption ultimately undermines the effectiveness of security forces to fight terrorism. Kimberly Thachuk notes that “such corruption spreads, as does an attendant loss of morale and respect for the command structure.”75 This deterioration in professionalism and morale could not come at a worse time. A July 2008 article in Forbes magazine on European crime claimed a 24 percent increase in terrorist attacks from 2006 to 2007.76 Arms Sales  As evidenced by prior testimony before the Helsinki Commission, corruption is a factor in many illicit arms sales worldwide. In June 2003, Roman Kupchinsky, then a Senior Analyst with Crime and Corruption Watch of Radio Free Europe/Radio Liberty, pointed out that sales from former Soviet states frequently involve a marriage of security forces and organized crime (Helsinki Commission June 2003 Hearing).77 This means individuals, not the government, are making the sales. Moreover, although OSCE participating States have agreed through the Forum for Security Cooperation to not issue export licenses for arms without an authenticated end-user certificate, these certificates are often forged. Accordingly, the buyer may not be the actual recipient of the weapons. United Nations arms embargoes notwithstanding, individuals and companies from numerous countries are involved in the manufacture, transit, diversion from legal use, and fraudulent company registration for illicit arms trafficking to countries or non-state actor groups under embargo according to Control Arms, a group of concerned non-governmental organizations. The list of countries included Albania, Belgium, Bulgaria, Moldova, Romania, Russia, Serbia, Ukraine and the United Kingdom.78 These illegal sales, which fuel conflict in the developing world, are estimated to be worth one billion dollars a year according to Rachel Stohl, an analyst at the World Security Institute’s Center for Defense Information. She noted in an article published for the SAIS Review that “[a]rms brokers are able to operate because they can circumvent national arms controls and international embargoes” frequently through corrupt practices.79 Human Trafficking The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons defines trafficking as “the recruitment, transportation, transfer, harbouring or receipt of persons, by [involuntary means] for the purpose of exploitation.”80 Victor Malarek, author of The Natashas: Inside the New Global Sex Trade, makes clear that corruption is the lynchpin of the trade in women and girls. Even when countries enact laws and policies to prevent trafficking, corruption threatens to render them ineffective. Mohamed Mattar writes in the Loyola and Los Angeles International and Comparative Law Review that there are indications that exit requirements such as exit visas for trafficked victims are being obtained through bribes.81 Furthermore, Malarek asserts that besides former Soviet states corruption also exists in destination countries in which officials are complicit in allowing the illicit trade. Specifically, the book draws attention to corruption among border guards and police in Greece that enables the trafficking.82 Human trafficking for sexual and labor exploitation has wreaked havoc on Moldova. Moldova is an extremely susceptible source country because of poverty and associated corruption. The breadth of the problem is detailed in an article by William Finnegan in the May 2008 issue of The New Yorker. In large measure due to its economic plight, over 25 percent of Moldova’s workforce has migrated out of the country. A third of all children are missing a parent due to migration. Much of the population views emigration as the only hope to living a better life. Such conditions create a setting abundant with potential victims for traffickers. Finnegan asserts local authorities are generally not helpful unless you are a trafficker. He quotes a local prosecutor as saying “[t]he most powerful pimps in Moldova are all former cops.”83 In 2008 the U.S. Department of State initially ranked Moldova as a Tier 3 country meaning that it had failed to comply with minimum standards and failed to make significant efforts to eliminate human trafficking as outlined in U.S. law.84 In October 2008, the President upgraded Moldova to Tier 2 status because it had reopened investigations into official complicity and drafted a code of conduct for public officials.85 Although less reporting occurs on the breakaway republic of Transnistria than Moldova, the situation there appears alarming. Finnegan discovered that law enforcement officials are uncooperative with NGOs working on behalf of trafficked victims and corruption deters relatives of trafficked victims from contacting the police.86 Finnegan’s article makes clear that destination countries share a significant responsibility for human trafficking.87 Whether through deliberate corruption or turning a blind eye, doctors, police, border guards, accountants, lawyers, travel agencies or hotels in destination countries enable trafficking and exacerbate the problem in source countries. Every Western European country and the United States and Canada are destinations for trafficked persons. In its report, the Department of State claims that more than half of commercial sex workers in France were trafficking victims. The Department also recognizes Turkey as a significant destination country. Trafficked women and girls from Azerbaijan, Belarus, Bulgaria, Georgia, Kyrgyzstan, Moldova, Romania, Russia, Turkmenistan, Ukraine, and Uzbekistan find themselves in Turkey. The report notes that many police in Turkey are complicit in trafficking. The United States is not immune, the recent increase in corruption investigations against Customs and Border Protection officers are in part for taking bribes to allow the passage of human beings.88 OSCE Field Missions and Prevention Efforts89 While it is necessary to sound the alarm and call attention to corruption’s presence across the three OSCE dimensions, it is equally necessary to assess OSCE and non-OSCE efforts in the region to counter corruption. The last two decades have seen a consensus at the international level concerning norms and necessary anti-corruption action at the national level. This consensus is manifested in the United Nations Convention against Corruption (UNCAC). Despite international achievements, some would say that national level progress in decreasing corruption is at a standstill or being rolled back in some OSCE participating States. Broadly conceived, implementation is stalling. To understand why it is helpful to think of implementation occurring in two phases. The first phase consists of the passing of national laws implementing international commitments. The second phase, which is just as important, consists of institutions with independent and trained persons complying with and impartially executing the anti-corruption laws. This second phase has proven most problematic for many countries because the actions required to build capacity require a long term commitment and the dedication of resources and do not often attract media attention. Additionally, the notion that the nature of corruption differs from country to country should be embraced.90 The Office of the Coordinator of OSCE Economic and Environmental Activities (OCEEA) leads OSCE efforts in combating corruption. Through field missions, handbooks, and coordination with other international organizations, the OCEEA has promoted implementation of international anti-corruption agreements, efficient management of public resources and implementation of the Arhus Convention allowing greater access to information on the environment. Work to implement the UNCAC has paid off, with only thirteen OSCE participating States not having ratified the convention; and of those thirteen, only six have not yet signed the convention. However, this underscores the reality that ratification does not equate to true implementation of and compliance with the convention. This report cites corrupt activities within many OSCE participating States that have ratified the convention. With respect to this corrupt activity, OSCE field missions can be effective institutions for promoting substantive compliance with the convention. An official with one international organization stressed that the hard part in decreasing corruption is the taking of preventative measures. OSCE field missions routinely undertake and promote some of these measures which include identifying and resolving conflicts, training government officials, and engaging civil society. OSCE field missions commonly provide anti-corruption assistance to local governments. However, in a manner befitting the nature of the problem, field missions conduct distinctive work appropriate to their assigned country. For example, in Georgia the mission assisted, before being closed down this year, in establishing an Inspector General’s office to review the finances of government ministries. Advocacy and legal advice centers are operated by the mission in Azerbaijan to provide legal advice on complaints and to educate the public and government authorities. In 2008, the centers in Azerbaijan provided assistance in response to 2,500 complaints. Additionally, mobile workshops reached 2,360 people with awareness campaigns and frequently provided on the spot legal advice.91 Similar centers provide aid in Armenia. The use of existing advocacy and legal advice centers is not high among people in Kazakhstan. This lower use may exemplify the benefit of an approach that carefully addresses the needs of people and nature of corruption in a given country. Centers that target audiences other than the general public have been successful. In Tajikistan, Resource Centers for Small and Agribusiness and Centers for Promotion of Cross-Border Trade reportedly draw many patrons. It has also been reported that due to these centers, businesspeople have resisted illegal government inspections. Good Governance Centers in Georgia that assisted municipalities received high marks, and in addition to the government, were sometimes used by the general public. Prevention efforts directed at government employees at all levels are essential. Second round GRECO evaluation reports released in 2007 and 2008 identified a number of countries - some with field missions, such as Azerbaijan, and others without, such as Greece - that had not taken appropriate steps to protect government employees who are whistleblowers. In the case of Greece, sufficient protections for career advancement were not in place and employees typically could only report corruption to their immediate supervisor.92 Because the follow-on Addendum to the Compliance Reports are not public, it is unclear if adequate protections and measures to assist reporting has improved. Education coupled with preventative programs that build upon training are initiatives that field missions are well suited to provide through the various types of centers. The OSCE mission in Ukraine has initiated a public-private dialogue that addresses accountability in local government. Fostering a dialogue between government, private sector, and civil society is important because in many countries these groups mistrust one another. In Georgia, the OSCE is supporting the efforts of Transparency International to ensure that a broad range of voices from civil society and the business community are heard by the Task Force on Fighting Corruption as it develops a new Anti-Corruption Strategy and Action Plan. These initiatives recognize that not only will implementation vary from country to country, but that implementation measures will differ at different levels of government and require input from all facets of society. Field missions are conducting varying efforts to promote a similar dialogue between government and civil society in Tajikistan, Kazakhstan, and Azerbaijan. Recent meetings between Helsinki Commission staff and members of civil society and officials from international organizations suggest it may be misguided to keep a primary focus on national level authorities prosecuting alleged corrupt acts. One NGO member recently remarked that there are enough national level laws and that what is needed is impartial enforcement and an unbiased judiciary. In Curbing Corruption: Toward a Model for Building National Integrity, Daniel Kaufmann referred to this as the “Tackling-the-symptom bias” which “instead of identifying the root cause, involves thinking that the solution is to catch and jail a target number of criminals . . . or to pass another anti-corruption law in the country.”93 Kaufmann describes what may be the best case scenario. The worst case scenario expressed by both members of the NGO community and international organizations to the Helsinki Commission is that prosecution is used to target political opposition and journalists. Amplifying the problem are enforcement agencies that may lack the capacity to conduct an even-handed investigation. An official from Bosnia-Herzegovnia recently said that the country “has adopted three strategic plans and ratified numerous international conventions on corruption,” but there is no implementation and the commitments go unmet.94 Public GRECO compliance reports from its second round of evaluations conclude that Albania, Armenia, Azerbaijan, and Romania have only partially implemented measures to fully train investigators, prosecutors and judges to handle corruption cases.95Again, because the follow-on addendum to the reports are not public it is unclear if training has improved in these participating States. In 2005, the President of Kyrgyzstan signed a decree establishing the National Agency of the Kyrgyz Republic for Preventing Corruption. Reportedly, in that first year, the agency opted not to put into practice a number of recommendations of an outside expert sponsored by an international organization to provide support. Later, the agency disagreed with international organizations on the use of funds offered by those organizations. Reportedly, $300,000 were made available for capacity building, but the leadership of the agency was adamant that the money be used to increase salaries. Today the agency has seven computers for 49 staff and no Internet access, Helsinki Commission staff was told. Concerns also exist that a strong parliamentary immunity is a necessity when many governments are focused on prosecution of political opponents. The NGO member added that this prosecution is often targeted at politicians in a minority party highlighting the continued need for parliamentary immunity laws even if they allow some offenders and wrongdoers to evade prosecution. This view of targeted prosecutions has been echoed by workers with international organizations that have communicated with the Helsinki Commission on this subject. With the above in mind, it should be noted that the resolution authored by Chairman Cardin, and adopted by the Parliamentary Assembly in 2006, incorporates preventative measures by calling for the publishing of “rigorous standards of ethics and official conduct” and establishing “efficient mechanisms for public disclosure of financial information and potential conflicts of interest.”96 The goals set out in that resolution constitute a starting point that must be reinforced with other measures that over time build a common ethos of public integrity and service throughout government. It should also be noted that the OSCE has worked in tandem with the Global Organization of Parliamentarians Against Corruption (GOPAC) in participating States such as Kyrgyzstan to train parliamentarians in roles of oversight and budget control. Finally, Chairman Cardin’s resolution recommending that the Office of the Coordinator of OSCE Economic and Environmental Activities (OCEEA) develop best practices for parliamentarians to use echoed the 2005 OSCE PA’s Washington Declaration. That document praised the work of GOPAC and recommended that the OSCE “with other parliamentary associations and [GOPAC develop] a programme of peer support, education and anti-corruption initiatives.”97 The OSCE has also worked with GOPAC in running workshops and supporting local GOPAC chapters particularly in Southeast Europe. This is an effort that should receive continued support. The importance of capacity building within parliaments cannot be forgotten when confronting corruption. Conclusion: The Related Nature of Corruption Across the OSCE Dimensions No account of corruption in any dimension can be viewed in isolation. If corruption thwarts a competitive business environment or is endemic among public servants then the conditions are set for an underworld of crime to flourish. Once seedlings of graft take root, they grow rapidly. Soon the institutions of democracy that require the nutrients of transparency and accountability are choked by what people may have once considered the harmless taking of small amounts of money or property. In the aggregate, petty corruption emboldens grand corruption and vice versa. Eventually, a government cannot perform the basic tasks expected of it. It cannot defend individual rights enshrined in national law, protect the engagement of commerce, or provide for the security of its people. In many instances, elites restrict political access and limit economic competition. This is what Larry Diamond refers to as a “predatory state.” Moreover, Diamond asserts when people no longer advance “through productive activity and honest risk taking” but only through operating outside the law, the predatory state becomes a “predatory society.”98 While observers may disagree whether some OSCE participating States have reached such an extreme point, all states are always somewhere on the continuum between a functional electoral democracy and a predatory society. To combat corruption the OSCE, through existing field mission mandates, should continue to focus adequate attention to building capacity to identify and address corruption and promotion of a culture of integrity and anti-corruption among civil servants and civil society. All participating States should implement commitments under international treaties such as the UNCAC. However, ratifying the UNCAC and passing national laws targeting corruption is not enough. While prosecutions serve a deterrence function, they must be balanced by relatively low profile well-planned prevention programs that are sustained by sufficient resources. In order to identify and address the circumstances that foster corruption, collaboration must increase between governments, NGOs, corporations and small and medium size enterprises to develop specific strategies. OSCE countries should consider supporting neighbors by building upon the model of field missions. Corruption is a problem not likely to end soon, but is an area where progress may be made if small successes are reinforced with adequate resources. Work is needed to live up to the ideals recorded in the Parliamentary Assembly’s Astana Declaration and the earlier Istanbul Declaration of the 1999 OSCE Summit, in which OSCE participating States recognized corruption as a threat to “shared values” and pledged “to strengthen their efforts to combat corruption and the conditions that foster it.” The OSCE countries need to muster the political will, individually and collectively, to conduct a smarter fight against corruption – a threat to security, property, and fundamental freedoms throughout the expansive OSCE region. Footnotes 1 Joanna Lillis, “Kazakhstan: Nazarbayev Hints that Democratization will Take Back Seat on OSCE Agenda,” Eurasia Insight, July 9, 2008,http://www.eurasianet.org/departments/insight/articles/eav070908.shtml (accessed June 1, 2009) 2 2008 Corruption Perceptions Index: Persistently high corruption in low-income countries amounts to an “ongoing humanitarian disaster” (Berlin: Transparency International, 2008). 3 Michael Johnston, Syndromes of Corruption: Wealth, Power, and Democracy (New York: Cambridge, 2005), 19-21. 4 OSCE Parliamentary Assembly, Astana Declaration of the OSCE Parliamentary Assembly and Resolutions Adopted at the Seventeenth Annual Session, 2008, 7, 28, and 45. 5 Larry Diamond, “The Democratic Rollback: The Resurgence of the Predatory State,” Foreign Affairs87, no. 2 (2008): 39, and 42-44. 6 The participating States committed to support and advance these rights and freedoms, in addition to others, in the 1990 Copenhagen Document. “Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE,” June 29, 1990. 7 United States Agency for International Development, Parliamentary Immunity Brief: A Summary of Case Studies of Armenia, Ukraine and Guatemala, August 2006, 1-2. 8 Carmen Lane, Parliamentary Immunity and Democracy Development (Washington D.C.: DAI, 2007) 1-3. 9 United States Agency for International Development, Corruption Assessment Ukraine, Final Report February, 2006, 49 10 Gayane Mkrtchyan, “Not Above the Law?: Parliament Lifts Immunity, MP Hakobyan Must Face Prosecution,” ArmeniaNow.com, October 13, 2006, http://www.armenianow.com/?action=viewArticle&AID=1768 11 Center for the Study of Democracy, Effective Policies targeting the Corruption – Organized crime Nexus in Bulgaria: Closing Down Duty-Free Outlets, Brief, December 2007, 3. 12 Ibid., 5. 13 Ibid., 3. 14 Elena Koinova, “Changes to Duty-Free Trade Act passed in Parliament,” The Sofia Echo, March 28, 2008, http://sofiaecho.com/2008/03/21/659426_changes-to-duty-free-trade-act-passed-in-parliament 15 Center for the Study of Democracy, Effective Policies targeting the Corruption, 3. 16 Commission on Security and Cooperation in Europe, Energy and Democracy: Oil and Water?, 108th Cong., 2nd sess., 2007 (Prepared statement of Senator Benjamin L. Cardin, not unofficial transcript), https://www.csce.gov/international-impact/events/energy-and-democracy-oil-and-water (accessed June 22, 2009) 17 Commission on Security and Cooperation in Europe, Promises to Keep: Kazakhstan’s 2010 OSCE Chairmanship, 110th Cong., 2nd sess., 2008, (Prepared statement of Martha Olcott not unofficial transcript), https://www.csce.gov/international-impact/events/promises-keep-kazakhstan-s-2010-osce-chairmanship (accessed June 8, 2009). 18 Transparency International, 2009 Global Corruption Barometer Report, (Berlin: May, 2007) 32. 19 GfK Research, Corruption Climate in Europe, August 9, 2006, available athttp://www.gfk.hr/press1_en/corruption2.htm (accessed June 17, 2009). 20 Dan Bilefsky, “Medical Care in Romania Comes at an Extra Cost,” The New York Times, March 9, 2009. 21 Global Integrity, Global Integrity Scorecard: Latvia, 2007, 1-2. 22 Konstantin Pashev, Center for the Study of Democracy, Corruption in the Healthcare Sector in Bulgaria (Sofia, Bulgaria: 2007) 17. 23 Ibid, 17. 24 Ibid, 35. 25 Vladimir Voinovich, “Drunk on Corruption,” Daily Times, January 3, 2003,http://www.dailytimes.com.pk/default.asp?page=story_3-1-2003_pg3_4 (accessed June 18, 2009). 26 Michael Johnston, “Poverty and Corruption,” Forbes, January 22, 2009. 27 U.S. Department of State, 2008 Human Rights Report: Uzbekistan, February 25, 2009,http://www.state.gov/g/drl/rls/hrrpt/2008/sca/119143.htm. 28 U.S. Department of State, 2008 Human Rights Report: Azerbaijan, February 25, 2009,http://www.state.gov/g/drl/rls/hrrpt/2008/eur/119068.htm. 29 U.S. Department of State, 2008 Human Rights Report: Poland, February 25, 2009,http://www.state.gov/g/drl/rls/hrrpt/2008/eur/119098.htm. 30 Commission on Security and Cooperation in Europe, The Romani Minority in Russia, 108th Cong., 2nd sess., 2004, 8 (Prepared statement of Leonid Raihman found in official transcript). 31 U.S. Department of State, 2007 Country Reports on Human Rights Practices: Russia, March 11, 2008, http://www.state.gov/g/drl/rls/hrrpt/2007/100581.htm. 32 The account of how Hermitage Capital was seized corruptly through a series of non-transparent proceedings is told in the section addressing the Economic Dimension. 33 Jamison Firestone, conversation with Helsinki Commission staff, April 14, 2009. 34 Carl Mortished, “Kremlin sacking linked to Sergei Magnitsky case,” TimesOnline, December 16, 2009,http://business.timesonline.co.uk/tol/business/industry_sectors/banking_and_finance/article6957931.ece (accessed December 22, 2009). 35 Lynda Edwards, “Russia Claws at the Rule of Law,” ABA Journal 95 (2009): 41. 36 Ibid., 42. 37 Powell v. Alabama, 287 U.S. 45, 69 (1932). 38 The Organization for Security and Cooperation in Europe, Best-Practice Guide for a Positive Business and Investment Climate, 2006, 30. 39 Ibid. 40 OSCE, Best-Practice Guide 30-31. 41 Marian L. Tupy, CATO Institute, The Rise of Populist Parties in Central Europe: Big Government, Corruption, and the Threat to Liberalism, November 8, 2006, 14. 42 The World Bank, Doing Business 2009: Country Profile for Russian Federation, 2008, 12. 43 J. Welby Leaman, “It’s Not Always Nice to Play Nice: Collusion, Competition, and Development,”Pacific McGeorge Global Business and Development Law Journal 20, no. 2 (2007): 291. 44 Tupy, Rise of Populist Parties, 9. 45 Leaman, “It’s Not Always Nice to Play Nice,” 291. 46 CSCE, Energy and Democracy, 108th Cong., 2nd sess., 2007 (Prepared statement of Simon Taylor not unofficial transcript) (accessed June 12, 2009). 47 Ibid.  48 Energy Independence and Security Act of 2007, Public Law 110-140, 110th Cong., 1st sess. (December 19, 2007). 49 .S. Department of State, Report on Progress Made in Promoting Transparency in Extractive Industries Resource Payments, June 24, 2009. On file with United States House of Representatives Committee on Foreign Affairs, 50 Parliamentary Assembly, Astana Declaration, 28. 51 Margareta Drzeniek Hanouz and Thierry Geiger, eds., World Economic Forum, The Ukraine Competitiveness Report: Towards Sustained Growth and Prosperity, 2008, 56. 52 Hanouz and Geiger, eds., The Ukraine Competitiveness Report, 56. 53 Michael Porter and Klaus Schwab eds., World Economic Forum, The Global Competitiveness Report 2008-2009, 385. 54 Ibid., 242. 55 William Browder, conversation with Helsinki Commission staff, April 14, 2009. William Browder did testify at a Helsinki Commission hearing just as this report was being completed in June 2009. During his testimony he provided a website (http://www.compromat.ru/main/vragi/raderykak.htm) that provided a price list for a range of activities attacking a corporate entity in Russia from erasing a company’s registration data to a complete takeover. 56 Jon Swaine, “BAE Systems executive ‘questioned over alleged bribery,’” The Telegraph, October 23, 2008, http://www.telegraph.co.uk/finance/newsbysector/epic/badot/3245563/BAE-Systems-executive-questioned-over-alleged-European-bribery.html (accessed June 15, 2009). 57 Organizations for Economic Co-operating and Development, United Kingdom: Report on the Application of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 1997 Recommendation on Combating Bribery in International business Transactions, October 17 2008, 4. 58 Ben W. Heineman, Jr., and Fritz Heimann, “The Long War Against Corruption,” Foreign Affairs 85, no. 3 (May/June 2006), 77, 82. 59 Control Risks, Corruption, Compliance and Change: Responding to Greater Scrutiny in Challenging Times (London: 2009) 3. 60 15 U.S.C. §§ 78dd-1. 61 15 U.S.C. § 78m(b)(2)(A). 62 15 U.S.C. § 78m(b)(2)(B). 63 Gail P. Granoff and Brian Mich, 2008 FCPA Review, January 28, 2009 (Presentation at International Quality & Productivity Center FCPA Conference). 64 Dionne Searcey, “U.S. Cracks Down on Corporate Bribes,” The Wall Street Journal, May 26, 2009. 65 United States v. Kay, 359 F.3d 738, 755 (5th Cir. 2004). 66 United States v. Kozeny, 582 F. Supp 2d 535, 539 (S.D.N.Y 2008). 67 Cary O’Reilly and Karin Matussek, “Siemens to Pay $1.6 Billion to Settle Bribery Cases,” The Washington Post, December 16, 2008. 68 Victor Malarek, The Natashas: Inside the New Global Sex Trade (New York: Arcade Publishing, 2003), 112-113. 69 Heineman and Heimann, “The Long War,” 79. 70 Voinovich, “Drunk on Corruption”. 71 Graham H. Turbiville, Jr., “Corruption, Crime and Murder Undermine Counter-terrorist Efforts,”Crime & Justice International 21, no. 87 (July/August 2005), 8. 72 Kimberly Thachuk, “Corruption and International Security,” SAIS Review XXV, no. 1 (Winter-Spring 2005), 147. 73 U.S. Department of State Country Reports on Terrorism 2008, Europe and Eurasia Overview, April 2009. 74 Randal Archibold and Andrew Becker, “Border Agents, Lured by the Other Side,” The New York Times, May 27, 2008. 75 Thachuk, “Corruption,” 147. 76 Parmy Olson, “Europe’s Crime Capitals,” Forbes, July 15, 2008,http://www.forbes.com/2008/07/15/europe-capitals-crime-forbeslife-cx_po_0715crime.html 77 Commission on Security and Cooperation in Europe, Arming Rogue Regimes: The Role of OSCE Participating States, 108th Cong., 1st sess., 2003, 40 (Prepared statement of Roman Kupchinsky found in official transcript). 78 Control Arms, UN Arms Embargoes: An Overview of the Last Ten Years, Briefing Note, March 16, 2006, 2. 79 Rachel Stohl, “Fighting the Illicit Trafficking of Small Arms,” SAIS Review (Winter-Spring 2005), 64. 80 “Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime,” Article 3 (a), United Nations, (2000). 81 Mohamed Y. Mattar, “State Responsibilities in Combating Trafficking in Persons in Central Asia,”Loyola and Los Angeles International and Comparative Law Review 27 (Spring 2005), 161 (see footnote 76). 82 Malarek, The Natashas, 140-141. 83 William Finnegan, “The Counter Traffickers: Rescuing Victims of the Global Sex Trade,” The New Yorker, 2, 6, 7-8, http://www.newyorker.com/reporting/2008/05/05/080505fa_fact_finnegan (accessed June 8, 2009). 84 U.S. Department of State, Trafficking in Persons Report, June 2008, 184. 85 U.S. Department of State Senior Coordinator for Public Outreach, Office to Monitor and Combat Trafficking in Persons, email to author, December 10, 2008; Embassy of the United States, Moldova, “Moldova Moved up to Tier 2 in Trafficking in Persons,” press release, October 10, 2008,http://moldova.usembassy.gov/pr102908.html. 86 Finnegan, “The Counter Traffickers,” 10. 87 Ibid., 9, 11. 88 Rick Jervis, “Arrests of Border Agents on The Rise,” USA Today, April 23, 2009. 89 This section of report is based upon meetings and discussions with a variety of international governmental organizations and nongovernmental organizations who to the extent possible are not identified. Any opinions expressed or conclusions drawn do not necessarily reflect the official views of any of these organizations. 90 Johnson, Syndromes of Corruption, 186. 91 Office of the Co-ordinator of OSCE Economic and Environmental Activities, March 25, 2009, email to author providing numbers of complaints and people contacted. 92 Group of States against Corruption, Second Evaluation Round: Compliance Report on Greece, February 15, 2008, 9. 93 Daniel Kaufmann, “Anticorruption Strategies: Starting Afresh? Unconventional Lessons from Comparative Analysis,” in Curbing Corruption: Towards a Model for Building National Integrity, ed. Rick Stapenhurst and Sahr J. Kpundeh (Washington, D.C.: World Bank Publications, 1999), 37. 94 Miroslav Ajder, “Corruption Claims Hold Back Bosnia: Allegations of Fraud in Government Contracts and Privatization are Pitting the Government Against Monitors and Scaring off Foreign Investors,” BusinessWeek, March 17, 2009. 95 These compliance reports may be found at the GRECO web page,http://www.coe.int/t/dghl/monitoring/greco/evaluations/round2/reports(round2)_en.asp (accessed June 15, 2009). 96 Resolution on Limiting Immunity for Parliamentarians in order to Strengthen Good Governance, Public Integrity and Rule of Law in the OSCE Region, OSCE Parliamentary Assembly, 15th sess., Brussels Declaration (July 7, 2006). 97 OSCE Parliamentary Assembly, Washington, DC Declaration of the OSCE Parliamentary Assembly and Resolutions Adopted at the Fourteenth Annual Session, 2005, 35. 98 Diamond, “The Democratic Rollback,” 43. 

  • The Western Balkans: Policy Responses to Today's Challenges

    This hearing reviewed the Vice President Biden’s meeting in Sarajevo and the Congressional delegation to Bosnia to speak about democratization process in the Balkan states. The Commissioners mentioned the need for governing bodies and systems that include every voice, particularly the ethnic communities in each country. These issues have correlated to potential instability in Bosnia resulting from the gridlock in government there.   The democratization and integration efforts, in relation to the Balkan joining closer to the greater European community and NATO, were touched upon to see the progress made.  The witness discussed examples of initiatives that moved the Balkans towards the goal of international standard of governance, for example the Model Court Initiative in Bosnia, which has helped to institute European standards in 33 local courts, upgrade court infrastructure and improve customer service.

  • 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.

  • East or West? The Future of Democracy in Moldova

    Ambassador Clifford Bond, Senior State Department Advisor with the Commission on Security and Cooperation in Europe, moderated this briefing that focused on the trajectory of democratic institutions in Moldova, as well as the issues that were facing Eastern Europe. What was perhaps foremost on attendees’ minds was Russia’s invasion of the Republic of Georgia, which exposed the former U.S.S.R.’s expansionist goals and raised questions about Eastern Europe’s future and the potential for the European Bloc. Fortunately for Moldova, the country had made great progress as far as its elections, market freedoms, and negotiations to resolve the situation in Transdniestria were concerned, but Moldova remained a major source and transit country for sex trafficking.

  • Iraqi Refugees: A Humanitarian Surge Is Needed for an ‘Invisible’ Humanitarian Crisis

    By Lale Mamaux, Communications Director and Marlene Kaufmann, General Counsel In August, staff of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) traveled to Damascus, Syria and Beirut, Lebanon and met with government officials, non-governmental organizations (NGOs), and religious groups regarding the Iraqi refugee crisis. While it is estimated that approximately 1 to 1.5 million Iraqis have fled to Syria and 50,000 have fled to Lebanon, they are not living in camps, but instead are a mobile population scattered throughout Damascus and Beirut as well as in other urban areas. That fact has made this humanitarian crisis virtually ‘invisible’ to the international community, but not for those Iraqi refugees who remain stranded, jobless, and deprived of essential services with conditions worsening by the day. This deepening crisis threatens to further destabilize the entire region. As the years in exile drag on, Iraqi refugees are becoming more and more desperate and depressed. Those who fled with some resources have by now seen those assets depleted and are reliant on services provided by international organizations and NGOs working in the region. Syria and Jordan host the largest population of Iraqis and do not permit them to work, although many find jobs in the “informal” sector making them targets for exploitation and abuse. As a result, fewer children are enrolling in school as their parents send them out, instead, to find whatever work they can on the street. More women are prostituting themselves, desperate to provide for their children, and domestic violence and alcoholism among this population are on the rise. Syria The bombing of the Golden Mosque of Samara in 2006 led to a mass influx of Iraqi refugees fleeing to Syria, where according to the United Nations High Commissioner for Refugees (UNHCR), approximately 30,000-60,000 Iraqis were crossing the border each month. In October 2007, the government closed its borders to virtually all Iraqis and imposed stringent visa restrictions – requiring Iraqis to apply for visas at the Syrian Embassy in Baghdad. Since February 2008, Syrian immigration sources indicate that the flow of Iraqis has stabilized once again. According to UNHCR, it has registered over 216,000 Iraqis as refugees. Since January 2007, UNHCR has identified over 7,800 at-risk refugee children or adolescents from Iraq, 95 unaccompanied or separated children, and over 5,900 women at risk. Additionally, in 2008 it identified at least 300 survivors of Sexual Gender Based Violence (SGBV). Many Iraqis arriving in Syria are moving into areas such as Masaken Barzeh, Saida Zainab, Jaramana, and Qudssya as well as to other urban localities outside of Damascus (in Aleppo, Homs, Hama, Deir Ezzor, Lattakia, Tartous and Hassaka). Iraqis have placed enormous strains on Syria’s economy and infrastructure and caused an increase in the cost of living (i.e. rent, food, fuel, medical assistance). As Iraqis financial resources continue to diminish and desperation sets in, they face homelessness, child labor, early marriage, and survival sex. With many Iraqis too afraid to return to Iraq due primarily to the personal violence they have experienced, there is more pressure among aid organizations to cope with increasing needs. Education: The Syrian government under the direction of the Ministry of Education allows children from Arab countries living in Syria to attend school. Schools run by the government are free of charge. Currently, according to the government, there are approximately 55,000 Iraqi children enrolled in Syrian schools, 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. The Ministry of Education estimates that there are now 60 students per class and they are working as quickly as possible to build larger schools in order to eliminate the need for children to attend classes in shifts. Basic education in Syria comprises grades 1-9 and school is mandatory until the age of 15. However, if a child has been absent from school for two years they are not permitted to enroll. Unfortunately, this is the case for many Iraqi children in Syria who have not attended school since they fled their homes. Other factors contributing to parents’ hesitancy to enroll their children in Syrian schools include fear of being located by authorities and deported, harassment of Iraqi children by other students, and the fact that many Iraqi families in Syria are quite mobile, moving frequently among neighborhoods. With so many Iraqi youth not in school, many NGOs have expressed grave concern about the future generation of Iraqis who will lack an education and who are hanging around on the streets with nothing to do. Clearly, these young people could be susceptible to influence by groups or individuals who may not have their best interests in mind. Responding to the influx of Iraqi children in school, UNHCR is working in coordination with the United Nations Children’s Fund (UNICEF) and the Syrian Arab Red Crescent (SARC) to encourage enrollment in school. In addition to providing school supplies and uniforms for Iraqi children, UNHCR and UNICEF are working with the Ministry of Education to train teachers and counselors to work with these traumatized children. For example, there are reports of some Iraqi students coming to school with knives and other weapons in their backpacks, and of their sometimes "acting out" in a violent manner -- symptoms of the trauma they experienced in Iraq and during their flight to safety. Unfortunately, these behaviors generate resentment and sometimes violent responses by other students. Currently, the Ministry of Education is only able to provide one counselor for every 250 students. Commission staff also attended a graduation ceremony at the Greek Orthodox Ministry in Damascus for 100 Iraqi children, grades 2-7 (ages 6-12). This was a graduation from a summer program where children participated in activities such as arts and crafts in an effort to express themselves and relieve some stress from the trauma they had faced in Iraq and the uncertainty of their situation in Syria. The graduation ceremony consisted of presentations from teachers and counselors as well as singing and skits performed by the students. Health Care: Commission staff met with the Syrian Assistant Minister of Health, who described the burdens on the health care system as a result of the influx of Iraqi refugees since 2003. The health care system is comprised of 1600 clinics and 70 hospitals, 5 of which offer services free of charge to Iraqi refugees. The Minister estimated that support for the health needs of the refugee community costs the Syrian government an estimated $150 million per year. The government is particularly concerned about communicable diseases and therefore has a mandatory vaccination program for all children. Despite substantial contributions from the European Union, UNHCR and UNICEF during the past two years to establish additional clinics and fund vaccinations, the minister estimated that only 5% of the health needs of Iraqi refugees are being met. Particularly critical are the strains put on services for kidney disease, including dialysis, and heart disease. The minister explained that these services were already quite limited for Syrian citizens. Since 2003, according to the minister, anyone needing heart surgery essentially has to “take a number and wait.” The minister indicated that with the help of the World Health Organization (WHO) the government is also trying to address the increasing psycho-social needs of Iraqi refugees. Two hospitals, one in Damascus and one in Aleppo, are offering these services. Trafficking in Persons/Shelter: The Syrian government is undertaking initiatives to counter human trafficking and is in the process of establishing a shelter for victims of trafficking. Beginning in 2005, the International Organization for Migration (IOM) began holding educational workshops and invited Syrian officials to attend. A governmental committee was formed in 2006 to address trafficking issues, however progress was slow. In 2007, private sector experts advised the committee on counter trafficking measures and, as a result of this public-private partnership, anti-trafficking legislation was drafted. The legislation was endorsed by the committee in late 2007 and was sent to Parliament in June of this year. In coordination with other partners, IOM began raising money for a trafficking shelter. The Netherlands contributed $30,000 Euros, and UNICEF gave $30,000 (USD). The Syrian government has allocated a space for the shelter, however it is in need of major renovations, which are currently under way. The shelter is expected to open in the next 3-4 months and will serve all populations, not just Iraqis. Iraqis, especially women who arrive in Syria as the head of household with no financial resources, are facing extreme circumstances. Since the Syrian government does not allow Iraqis to work, increasing numbers of refugees have resorted to child labor, survival sex, and offering their daughters for short-term or weekend marriages, commonly referred to as “pleasure marriages” to make ends meet. More women and children are facing Sexual Gender Based Violence (SGVB) by their husbands’ or the male head of household. UNHCR, in coordination with partners UNICEF, IOM, the United Nations Population Fund (UNFPA), and United Nations Development Program (UNDP), are working together to assist Iraqi women who have been physically or sexually abused and are in detention. UNHCR is also supporting several safe houses located in Damascus that help abused Iraqi women and children. The Good Shepherd Sisters: Commission staff also met with Sister Marie-Claude Naddaf of the Good Shepherd Sisters in Damascus in order to learn first-hand of the critical work that she and her community have undertaken in support of Iraqi refugees. Sister Marie-Claude described the suffering of the Iraqi people that she sees every day, those who have fled under threat of violence and arrive in Syria in an already traumatized state. Because of the circumstances and the uncertainty of their situation in Syria most Iraqi refugees, including children, suffer from severe stress and depression. Focusing on the needs of children, the Good Shepherd Sisters, in concert with UNHCR and other organizations have provided summer camps outside of Damascus for refugee children to play and relax in a peaceful venue and escape the stresses of their daily lives. The sisters also provide extensive educational and recreational programs for adults and children throughout the year in a community center in Damascus, and have taken the lead in establishing a shelter for women and children and a hotline for abused women. Commission staff also visited the shelter and met with several of the women and children who reside there. Distribution of Food: Food distribution is conducted by the World Food Program (WFP) and UNHCR. Refugees in Syria receive their food and financial distribution every two months from either the Douma or Saida Zeinab distribution centers. The distribution schedule is communicated to refugees through short cell-phone messages, information posted on boards in the Douma Distribution center, or by postings on the food distribution website: http://unhcr.un.org.sy/food.htm WFP provides the following basic commodities in their food baskets: 12.5 kilos of rice, l litre of oil, and 2.5 kilos of lentils. UNHCR provides the following complementary items that coincide with the basic commodities provided by WFP: 1 kilo of sugar, 200 grams of tea, 1 kilo of pasta, ½ kilo of tomato paste, 1 kilo of bulgur wheat, and one box each of soap and washing detergents. In addition to food distribution UNHCR also provides a seasonal distribution of mattresses and blankets. Those Iraqis living outside of Damascus who have registered with UNHCR are able to call a hotline to find out dates and locations of food distribution. Stories of Iraqis in Syria: Commission staff met with Iraqi refugees serving as outreach coordinators for UNHCR to gain a better understanding of their hands-on work in the community. The coordinators have a direct line of communication into the Iraqi community in Syria, including with those who have not registered with UNHCR, and they serve as a trusted go between for UNHCR and the community. During the meeting the coordinators spoke of the dire circumstances facing Iraqi refugees in Syria and also shared their personal stories. One coordinator explained that her husband was killed in Iraq and that one of her sons was picked up by U.S. military personnel and another son was kidnapped by a militia group – both were tortured. Fearing for her life, she fled to Syria. Another coordinator told staff that three of her cousins were killed by U.S military personnel because they were accused, wrongly according to the woman, of being terrorists. In addition, staff participated in a resettlement interview with an Iraqi family at UNHCRs Registration and Distribution Center in Douma. The family had owned a jewelry store in Baghdad and fled Iraq after one son was kidnapped and beaten by his captors. After this incident, the family first fled to another neighborhood in Baghdad where they thought they would be safe. However, shortly after the move their home was raided by militia who gave them three days to leave or be killed. The family then fled to Syria. The father made his way to Sweden, while the mother was left to care for her four children in Syria. During the interview it was revealed that the family has now been in Syria for two years, their savings are almost completely diminished and the mother is working as a seamstress to try to make ends meet. The youngest child suffers from post-traumatic stress disorder after a gun was pointed at him during the raid on their home in Baghdad. Only one of the four children has attended school in the past two years and only for several months because she was severely bullied and harassed by the other children. LEBANON Lebanon, a small country of 4 million people, has opened its doors to 50,000 Iraqi refugees, many of whom came after the 2006 bombings in Samara. Roughly 51 percent of Iraqis in Lebanon are Shi’a Muslims, 19 percent are Chaldean Catholics, and 12 percent Sunni Muslims. UNHCR has registered over 10,400 Iraqis since June 2008. In 2007, UNHCR resettled 450 Iraqis to the United States, Sweden, Canada, Australia and other countries. They expect to resettle 1500 refugees in 2008. Iraqi refugees in Lebanon face many challenges, however it is a better economic environment than in other host countries. Unlike Jordan and Syria, Iraqis in Lebanon can work if they obtain a work permit. The educational needs among Iraqi children in Lebanon are quite dire as 42 percent have not completed elementary school, 40 percent of Iraqi children between the ages of 6 and 17 are not enrolled in school due to the high cost of tuition and the need to help provide for their families. It is estimated that, in 2007, only 1,200 Iraqi children were enrolled in school. Health care needs among Iraqis remain constant and medical care cannot be easily accessed in Lebanon due to its exorbitant cost. NGOs and other charitable organizations are able to provide coverage for only 24 percent of serious medical cases. As Commission staff found during a visit to Jordan and Turkey last March, many Iraqis in Lebanon are experiencing psycho-social issues due to the stress of their displacement and the unstable environment they encounter in their host countries. This stress has contributed to a rise in domestic violence and drug and alcohol abuse among the refugee population. Migrant domestic workers in Lebanon are a vulnerable group as well with an estimated 200,000 in the country, approximately 100,000 who arrived illegally. These domestic workers are primarily women from Southeast Asia and Africa – Sri Lanka, The Philippines, Ethiopia, and Madagascar – and are brought to Lebanon by employment agencies working in those countries. These agencies frequently promise “fee paid” employment in a secretarial capacity or in sales. The agencies typically charge the employer $1,500 to bring the domestic worker to Lebanon. Upon arrival, many employers take the women’s passports; force them to work long hours, frequently without pay; and often abuse them. Unhappy about how their people are being treated, the Philippine and Ethiopian Embassies have placed restrictions on employment in Lebanon for their citizens. Caritas Lebanon Migrant Center: Established in 1994, the Caritas Lebanon Migrant Center (CLMC) has as its mission “to strengthen and protect the human rights of migrants, refugees and asylum-seekers in Lebanon.” To date, the Center has assisted more than 100,000 individuals through services such as social and legal counselling and assistance; humanitarian, medical and emergency assistance; orientation seminars for migrants; temporary shelter and safe houses; summer camps and other recreational activities; vocational training and reintegration programs, as well as advocacy efforts with the public and relevant government agencies. In the early 1990s, CLMC worked exclusively with migrant populations, primarily Sudanese. Iraqis began to arrive in 1997, primarily from the Shiite and Christian communities, seeking work and resettlement in Europe or Australia. In 2003, the number of Iraqis entering Lebanon increased substantially and many sought assistance from CLMC. With funding from the U.S. government, CLMC began a program to provide medical support to the refugees, many of whom were suffering with cancer and chronic diseases and had no access to public medical facilities in Lebanon. CLMC negotiated with public hospitals and clinics to establish a treatment program for the refugees. They were also able to arrange reduced-cost treatment with some private hospitals, particularly for those afflicted with cancer and heart disease. CLMC also provides a wide array of educational programs for children and adults. Most Iraqi children are unable to attend school in Lebanon due to the language barrier. Many also frequently “act out” aggressively due to the psychological trauma caused by their circumstances. CLMC provides informal classes and vocational training for children, as well as summer camps where counsellors work with the kids in a relaxed atmosphere to address their unique psychological needs. CLMC undertakes assistance programs for women as well. To date, they have held 160 seminars to train outreach workers for the migrant worker and refugee communities and as a result now have 800 women working in locations nation-wide. The Center has established a shelter for abused women and one for victims of trafficking (described below). In coordination with UNHCR, CLMC provides legal assistance to the refugee and migrant worker community. They currently retain two full-time and ten part-time attorneys and have successfully prosecuted a substantial number of abuse cases on behalf of those who have sought shelter with CLMC. In addition, as described below, Caritas, working with UNHCR and other NGOs, successfully negotiated an amnesty for detained Iraqi refugees, giving them the opportunity to seek employment and regularize there status. Detention Facility Visit: Commission staff visited a detention facility operated by the General Directorate of General Security (General Security) – the governmental authority in Lebanon responsible for the legal status of foreigners in the country. The facility holds those Iraqi refugees and migrant workers who entered the country illegally and are without documentation. It is located under a freeway in downtown Beirut and was constructed from a parking garage. The conditions in the facility are deplorable, yet are much improved from several months earlier, due in large part to the work of NGOs, such as the Caritas Lebanon Migrant Center (CLMC), in coordination with General Security. The air-intake vents, only recently installed through the efforts of Caritas, circulate air into the underground facility. Unfortunately, due to the center’s location under the freeway, the air is filled with exhaust from automobiles traveling above. Inside, fans are placed throughout to further circulate the air into the cells where detainees are held. There is no sunlight, lighting is very dim and temperatures are extremely hot in the summer and cold during the winter. The facility contains 13 cells with roughly 40 individuals housed in each cell. Detainees sit on the floor of the cell on mattresses which also serve as their beds. They are allowed to leave their cells, but not the detention facility, on very rare occasions – such as laundry detail or to receive medical treatment – and never leave the facility until their release. There is a bathroom and a separate shower in each cell which are enclosed; however there is virtually no privacy. Women are housed together according to their nationality and men are housed alphabetically. The average length of stay can range from one month to over a year, depending on the length of time it takes to arrange deportation or voluntary departure. CLMC has played an instrumental role in helping to improve the dire conditions of the facility. Prior to their intervention, detainees had no bathrooms, showers or mattresses to sleep on. Furthermore, they were unable to have their clothes washed and were living in utter filth. Working closely with General Security, CLMC now has several full-time staff working 24-hours a day in the facility with detainees. Additionally, CLMC was able to put bathrooms and showers in each cell, provide mattresses for each detainee, purchase a washer and dryer to clean the detainees’ clothes and bedding , and provide 3 hot meals per week. Human Rights Watch released a report in November 2007 entitled, ‘Rot Here or Die There: Bleak Choices for Iraqi Refugees in Lebanon,’ showing the conditions that Iraqi refugees face in Lebanon if they are without documentation. In response to the report and pressure from other NGOs, General Security agreed in 2008 to release all Iraqis detained for illegal entry and allowed them to go through the existing regularization process once released. UNHCR, in coordination with its implementing partner Caritas Lebanon, supported this directive by assisting refugees with the initial regularization fee of $600, as well as providing legal advice and counseling. After being released, Iraqis have 3 months to regularize their status which requires them to find an employer who will sponsor them for a work permit. The government has recently extended this period to 6 months with the overall number of arrests declining. This decision benefits not only Iraqi refugees, but all foreigners including refugees and asylum seekers of other nationalities who have entered Lebanon illegally. Visits with Iraqi families: Commission staff had the opportunity to visit Iraqi families in their homes in eastern Beirut. The families shared their tragic stories with staff and the circumstances in which they are living in Lebanon. While all expressed relief to be safe from the violence in Iraq, they are faced with a great deal of uncertainty about the future and a severe lack of resources. Their compelling stories follow: CASE A: Hana has 4 children. She is the head of her family since her husband was kidnapped in Iraq. The family came to Lebanon legally in December 2007. Hana’s eldest son was in his first year of medical school in Iraq when he received many threats. One day, while walking home from work, her son and his friends were attacked and her son was shot in the arm, his friend was shot in the face. Hana's son was able to make it to the family home; however, they had no medicine with which to treat his wounds. Hana's husband went to the pharmacy for medicine and was kidnapped, never to be heard from again. The family searched relentlessly for him in hospitals and police stations to no avail. With no news, a family member urged them to leave the country immediately for fear of another attempt on the life of the son. Hana's son is currently incapacitated because of his injured arm, however he was able to receive reconstructive surgery in February. Only one family member is currently able to work and the income is insufficient to meet their needs. However, during the visit Hana informed Commission staff that the family had just been notified by UNHCR that their case was approved for resettlement to the United States. CASE B: Rita, mother of 2 boys, is the head of the family since her husband was kidnapped in 2006 while she was pregnant. She came to Lebanon legally with her unmarried brother in June 2008. Her husband was a driver for the U.S. military. He received threatening letters, but never took them seriously. Rita’s mother had fled to Lebanon before her daughter after her own husband was murdered. Rita’s brother was traumatized by his father’s death and suffers from psychiatric complications. The family has no financial resources. Just two days prior to the meeting with Commission staff Rita had found a job in a textile factory working from 7 a.m. to 6 p.m. CASE C: Rana is a widow and the mother of 3 children. She came to Lebanon legally in May 2008. Her husband was a driver for the Christian Archbishopric in Iraq and was murdered in February 2008. Rana is severely traumatized. She is unable to care for herself and her children or to provide for them financially. Rana’s mother, who lives with her, suffers from cancer; she will be leaving soon for the United States. Rana hopes that she and her children can also be resettled to the U.S. with her mother. Caritas Shelter for Victims of Trafficking: In 2003, Caritas began implementing a program funded by the U.S. Department of State (G/TIP) for victims of trafficking. The program involves extensive cooperation with the General Security agency in Lebanon. According to Caritas, women migrant workers who are victims of trafficking have access to a safe house where they are able to escape their situation and consider future options, receive medical care, basic needs assistance, trauma counseling, legal aid, and counseling for future options in a supportive environment, and possible return to their country of origin or to a safe work situation in Lebanon. A 2005 survey conducted by Caritas/IPSOS found that 55 percent of migrant domestic workers in Lebanon face physical abuse, 39 percent are verbally abused and 17 percent are sexually abused. During the visit, staff met with a woman who had been brought to Lebanon to work for a wealthy family and faced unimaginable torture and abuse. As she recounted her story, she trembled with fear of the horror that she lived for five months before escaping. Upon arriving in Lebanon, her passport was taken, she was forced to work long hours without pay and was typically fed very little food. She was locked inside the house when the family for whom she was working was not at home. In addition to facing the aforementioned abuse, family members would take turns holding her down on the floor and burning her bare skin (body and face) with a hot iron. After enduring this severe trauma and torture for months, she escaped one day when the family was not home by jumping from a second story window. She has been living in the Caritas shelter since her escape. The International Catholic Migration Commission (ICMC): ICMC is the U.S. State Department's representative for processing refugees in Lebanon and works closely with the U.S. Embassy in Beirut and representatives of the Department of Homeland Security (DHS), in the conduct of screening interviews for those Iraqi refugees and others who seek resettlement to the United States. Just prior to the Commission staff visit, a DHS “circuit ride” of interview staff had been in residence at the Embassy compound conducting security interviews under very difficult circumstances – for both DHS and embassy staff. Security concerns require that all interviews must take place on the Embassy compound. Due to substantial space limitations and to ensure privacy for those being interviewed, Embassy and DHS personnel are required to operate in shifts, some lasting late into the night, in order to accommodate all applicants who travell to the Embassy each day. Under these trying circumstances, DHS personnel were nevertheless able to interview 920 applicants in a four week period. ICMC staff expressed gratitude not only for the DHS staff's fortitude under this grueling schedule, but also for their professionalism and compassion in dealing with those being interviewed. In order to alleviate these conditions, State and DHS should explore the possibility of permanently assigning one or two DHS interviewers to Embassy Beirut and providing additional housing and work space to accommodate their activities. Cultural Orientation: ICMC and the United States Refugee Program (USRP) conduct an intensive two day cultural orientation for Iraqi refugees who will be resettled to the United States. The cultural orientation is designed to provide Iraqis with a better understanding of what to expect once they arrive in the U.S. The following topics are covered in the ICMC-USRP cultural orientation training program: Cultural differences. The departure process and airport regulations. The nature of the IOM travel loan and the obligation to pay it back after arrival to the U.S. The responsibilities of the Resettlement Agency and the refugee during the first ninety days after the refugee’s arrival in the United States. Information on a refugee’s legal status until the acquisition of citizenship, including rights and restrictions of each status. Information on housing and transportation in the United States. The importance of learning and obeying the laws of the United States at federal and state level and the consequences of violating U.S. law. Information on the child and adult education system in the United States and the importance of learning English. The importance of finding and holding a job and understanding work values in the United States. Information on the health care system in the United States. Information on money management. Commission staff participated in an afternoon session during the first day of orientation for a group of Iraqis who had been approved for resettlement to the U.S. During the session participants raised the following questions: I have an international driver’s license; will that work in the United States? If both parents must work, who will watch the kids? Can I work right away when I get to the United States? Staff asked the group how they felt about relocating to the United States, (e.g. nervous, happy or fearful). Those who replied generally expressed apprehension. One gentleman said he won’t know until he’s “on the plane.” CONGRESS In July, Helsinki Commission Chairman, Congressman Alcee L. Hastings introduced the Iraqi Refugee and Internally Displaced Persons Humanitarian Assistance, Resettlement, and Security Act (H.R. 6496), comprehensive legislation that addresses this worsening situation. H.R. 6496 has been endorsed by more than 25 NGOs and religious organizations and does the following: Authorizes $700 million for each fiscal year beginning in 2009 through 2011 for the relief of Iraqi refugees and Internally Displaced Persons; Increases direct accountable bilateral assistance, as appropriate under U.S. law, and funding for international organizations and non-governmental organizations working in the region; Authorizes $500 million to increase humanitarian aid and infrastructure support for Jordan; and Urges increased cooperation between the United States Government and the international community to address this crisis. CONCLUSION Iraqi refugees in Syria, Lebanon and elsewhere in the region continue to suffer daily and are faced with unimaginable circumstances. While the American public does not see pictures of ‘refugee camps’ set up in host countries, there are millions of Iraqis struggling to survive each and every day. On the ground, desperation has set in and only worsened this humanitarian crisis. The politics of the war must be put aside by Congress and a ‘humanitarian surge’ must be implemented. This means the provision of substantially increased bi-lateral aid, as appropriate under U.S. law, to countries hosting Iraqi refugees and increased funding to international organizations and NGOs working in the region. A U.S. contribution of at least fifty percent of the amount requested for all UN appeals for funding to assist Iraqi refugees, and IDPs, would show U.S. leadership in addressing this crisis, and hopefully encourage increased contributions by other countries as well. The process for resettling Iraqi refugees to the United States must also be expedited. This is particularly critical for those Iraqis whose lives have been threatened because of their work for the United States. The United States should also show leadership in encouraging the international community to focus on this humanitarian crisis, recognize it for the potential security threat it poses, and take steps to alleviate the suffering Iraqi refugees. If a picture is really worth a thousand words, then all one must do is look into the face of an Iraqi refugee who has had a family member murdered, kidnapped, or tortured, and their own life threatened, to know that the United States must respond – security in the region and the future of the Middle East depend upon it.

  • 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.

  • Finnish OSCE Chairman-in-Office Outlines Priorities, Challenges for 2008

    By Ronald McNamara, International Policy Director Making an appearance on February 13th before the Helsinki Commission, early in Finland’s 2008 chairmanship of the OSCE, Minister for Foreign Affairs Ilkka Kanerva addressed a wide range of issues facing the Vienna-based organization and its 56 participating States. Kanerva, having served in parliament since 1975, the year in which the Helsinki Final Act was signed in the Finnish capital, stressed the unique contribution of parliamentarians in their role embodying “the aspirations of our peoples and to voice their concerns in all OSCE countries.” Chairman Alcee L. Hastings, President Emeritus of the OSCE Parliamentary Assembly, expressed appreciation for recognition of the parliamentary dimension of the Helsinki Process. Minister Kanerva noted, “The starting point of the Finnish Chairmanship is that the OSCE is a value-based organization that actively promotes our common values of democracy, human rights and the rule of law. We stress the full implementation of the human rights commitments by the participating States.” Chairman Hastings welcomed the emphasis on implementation especially given the mandate of the Helsinki Commission to monitor compliance with the common commitments accepted by all participating States regardless of when they joined the Helsinki Process. “We fully support and welcome Finland’s calls for greater effort by participating States to implement our common political commitments. Implementation is key, as the late President Gerald Ford underscored in his remarks in Finlandia Hall when he signed the Helsinki Accords on behalf of the United States. I am also mindful that all participating States, including this country, are obligated to translate words on paper into action and I welcome the scrutiny of others when our own policies and practices come up short,” said Hastings. Hastings and Kanerva had a lengthy exchange regarding developments in Kosovo and their implications for Balkans as well as the possibility of sustained OSCE engagement in the region. Kanerva, who had just returned from a visit to Belgrade and Priština, observed that the OSCE has played an important role in Kosovo -- in establishing and consolidating local institutions, in promoting democratization, the rule of law, as well as human and minority rights. “Because the OSCE has remained “status-neutral,” it has retained a unique ability to work with all ethnic communities in promoting stability and democratic development. It is my firm belief that the OSCE work in Kosovo is and will be beneficial to all Kosovars,” concluded the Minister. He continued, “The outcome of the status process could have a negative impact on the OSCE's engagement in Kosovo. You are well aware that the OSCE participating States remain deeply divided over the issue. This disagreement could lead to the current Mission’s termination. It would be a grave mistake for the OSCE and the entire international community if we were to leave it at that.” Chairman Hastings, who visited both Priština and the northern area around Mitrovitsa last June, remarked, “My overall concern comes again from personal experience. The OSCE mission in Kosovo complemented by the tremendous activities that the KFOR forces deployed to keep the peace there is one of, in my judgment, the most successful OSCE missions, capable of working with the various factions in that area. I always ask the question: if there was no OSCE mission or had not been there in recent years, what would be the situation on the ground there today? And how much closer would the parties be to arriving at a resolution of what is, by anybody's standards, a substantial conflict? Minister Kanerva stressed, “I am determined to ensure continued OSCE engagement in Kosovo regardless of the status process. I am aware of the fact that any participating State has the possibility to use a veto and to end the mandate of the present mission - the mission which at the moment comprises 800 people and which has an immense effect on the viability of the civil society. Should this happen, I am prepared to immediately start the negotiations on a revised mandate for the OSCE mission. I am convinced that all participating States agree on the need for continued OSCE engagement in Kosovo.” Regarding conflicts elsewhere in the OSCE region, Kanerva remarked, “The Finnish chairmanship has put the so-called frozen or protracted conflicts in Moldova, Georgia, and Nagorno-Karabakh at the top of our agenda. I will personally visit all of these regions. I have already nominated also a special envoy to survey the progress in the process. One of the first things I have already done was to visit Ukraine and Moldova, to examine possibilities to kick start the stalled negotiation on the Transdnistria conflict. The Government of Moldova and the leadership for Transdnistria indicate their willingness to reengage and I have tasked my special envoy to see what can be done to take the process forward. We have knowledge of the difficulties in front of us. But we can't give up.” Minister Kanerva announced his intention to visit the South Caucasus nations of Armenia, Azerbaijan and Georgia. Chairman Hastings asked Kanerva to raise concerns relating to media freedom in Azerbaijan, the subject of a Commission hearing late last year, and provided a list of specific cases. Numerous other human rights concerns were also discussed from combating anti-Semitism and trafficking in humans as well as promoting democracy. In prepared remarks, Co-Chairman Benjamin L. Cardin stressed the importance of sustained OSCE engagement in efforts to fight anti-Semitism. “In recent weeks we have convened a series of hearings to assess the ongoing work of the OSCE in this regard and have heard from experts. These sessions have confirmed the importance of maintaining a distinct focus on anti-Semitism, and resisting attempts by some to reduce the attention under some kinds of generic tolerance rubric. It has also become clear that the personal representatives need some form of meaningful support mechanism. Perhaps some arrangement could be put in place by the troika of past, present, and future OSCE chairs, to ensure continuity,” remarked Cardin. Similar concerns were echoed in a statement by Ranking Minority Member Christopher H. Smith, “I appeal to you, in your term as Chairman-in-Office, not to allow the OSCE to give in to this fatigue and indifference! Anti-Semitism remains what it has always been, a unique evil, a distinct form of intolerance, the oldest form of religious bigotry, and a malignant disease of the heart that has often led to murder. It continues to threaten our Jewish brothers and sisters, and so the OSCE must redouble its efforts in the fight against the scourge of anti-Semitism. Smith, the OSCE Parliamentary Assembly President’s Special Representative on Human Trafficking welcomed the commitment of the Finnish chairmanship to give priority attention to OSCE efforts to prevent human trafficking, with particular attention to child victims. Russia’s troubling attempts to restrict the scope and size of OSCE election observations missions was also raised. Minister Kanerva expressed disappointment that, despite a concerted effort by OSCE, an acceptable solution could not be worked out to enable the deployment of an observation mission to Russia for the March 2nd presidential elections. He outlined his views regarding observation of the entire election process. “It means candidate and voter registration, electoral campaign, media coverage, complaints and appeals. The ODIHR must continue to be in a position to determine the length and size of observation missions on professional grounds in order to produce meaningful assessments and recommendations benefiting the observed country.” Having headed monitoring missions to Azerbaijan, Belarus, Ukraine, and most recently Georgia, Chairman Hastings called for a timely invitation for OSCE to observe the upcoming November U.S. elections. Kanerva thanked Hastings for his leadership of the mission to Georgia in early January and underscored the importance of close cooperation between ODIHR and the OSCE PA. Turning to Afghanistan, an OSCE Partner for Cooperation country, the Chairman welcomed the role played by Finnish forces in the northern part of that country. Minister Kanerva reported that active discussions were underway among OSCE countries regarding the kinds of initiatives that might be undertaken to assist Afghanistan pursuant to a general decision agreed to by the Madrid OSCE Ministerial Council last November. Priority attention is being given to strengthening border security and management, including along the 750 mile border between Afghanistan and Tajikistan. “At the same time we are discussing whether the OSCE might eventually become active on Afghan territory,” said Kanerva. Before concluding the hearing, the Chairman-in-Office and Chairman Hastings touched on ways to enhance cooperation among the OSCE participating States and strengthen the organization. Hastings acknowledged the complex task of managing the OSCE given the diversity of countries and diverging views among some on fundamental aspects of the organization and its mission. The two agreed on the importance of engagement with Russia. One possibility raised by Chairman Hastings was the assembling of a “Council of Elder Statesmen” along the lines proposed by the Hamburg-based Centre for OSCE Research in its working paper, “Identifying the Cutting Edge: The Future Impact of the OSCE.” In an innovative move, the Finnish chairmanship has expanded the Troika – past, present, and future chairs – to include others slated to assume leadership of OSCE in future years. At the Madrid OSCE Ministerial Council agreement was reached on chairmanships for Greece in 2009, Kazakhstan in 2010 and Lithuania in 2011. “I have invited my colleagues from the future chairmanships of Kazakhstan and Lithuania,” Kanerva reported, “to meet with the current Troika countries Spain, Finland and Greece to develop ideas for longer-term priorities. I am convinced there are many issues where the "Quintet" can add value and lead to more coherent OSCE action in the next few years.” Minister Kanerva concluded, “The Helsinki Commission embodies the longstanding engagement of the United States with the OSCE and the values that underpin it. The OSCE can only work with the full engagement of its participating States. The United States has always played a key role, and must continue to do so, if we are to achieve the ambitious goals we have set for our Organization.”

  • William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007

    Mr. Speaker, as Chairman of the Commission on Security and Cooperation in Europe, which has exercised unprecedented leadership in the global fight to combat trafficking in human beings, I rise in support of H.R. 3887, the Wilberforce Trafficking Victims Protection Reauthorization Act of 2007.  From our earliest awareness of this cruel phenomenon which enslaves an estimated 27 million victims, the Commission has led in the effort to mobilize nations to implement effective measures to combat human trafficking. My fellow Commissioner and former Chairman of the Commission, Representative Chris Smith is among those who have led the effort to bring an end to this modern day form of slavery, authoring the trafficking Victims Protection Act of 2000 and its subsequent reauthorizations.  Today, the Commission continues its work to support efforts to combat this global crime within the framework of the Organization for Security and Cooperation in Europe. Most recently, the Commission conducted an oversight hearing last October 11, to explore the progress made in combating human trafficking and the adequacy of resources dedicated to identifying victims of trafficking for forced labor, an area that we believe would benefit from additional resources and attention.  The reauthorization bill that we are taking action on today marks another important milestone in preventing the inhumane practice of human trafficking, protecting trafficking victims, and prosecuting the criminals that perpetrate these crimes.  In addition to bolstering the resources needed to continue various anti-trafficking programs, H.R. 3887, which I cosponsored, would strengthen mechanisms for fighting human trafficking overseas, through the provision of capacity building support to foreign governments to bolster investigative mechanisms and legal protective frameworks for immigrant populations and migrant workers. Importantly, the measure would also address the transnational nature of human trafficking by providing increased support and protection for refugees and internally displaced populations. This legislation also seeks to improve transparency and evaluation of trafficking programs, and would designate governments that remain on the special watch list for 2 consecutive years among those whose efforts to combat trafficking are inadequate.  This reauthorization bill will improve mechanisms to better identify and protect trafficking victims, while increasing accountability on the part of governments in their anti-trafficking efforts. It takes a comprehensive approach to a gross criminal exploitation, and I urge my colleagues to support the legislation.

  • OSCE Chairman Addresses Helsinki Commission in Advance of Madrid Ministerial

    By Ronald J. McNamara, International Policy Director Spain’s Foreign Minister, Miguel Angel Moratinos, appeared before the Helsinki Commission on October 29, in his capacity as Chairman-in-Office of the Organization for Security and Cooperation in Europe, to discuss developments in the 56-nation OSCE before ministers meet in Madrid in late November. Similar hearings with the top political leader of the Vienna-based organization have been convened annually since 2001. Finland will assume the year-long chairmanship beginning in January. In prepared remarks, Commission Chairman Alcee L. Hastings noted, “While the participating States may share a common view of Europe on paper, translating that vision into reality is another matter altogether. While all OSCE commitments have been agreed to by all of the countries, the fact is that there are human rights commitments that have been on the books for many years that would not be agreed to by some today. Indeed, the OSCE, and its precursor, the CSCE, have served as barometers for relations among the participating States. Frankly, the current barometric pressure is low, signaling a likely impending storm.” Commission Co-Chairman Benjamin L. Cardin, also in a prepared statement, commended the Government of Spain for organizing the 2005 Córdoba Conference on Anti-Semitism and on Other Forms of Intolerance. He noted that the Helsinki Commission has been particularly active in the face of the spike of anti-Semitism and related violence in the OSCE region. “We appreciate your efforts to keep this important issue on the OSCE agenda with the reappointment of the personal representative on different aspects of tolerance as well as the related conferences convened this year in Bucharest and Córdoba,” said Cardin. The October 2007 Córdoba Conference focused on intolerance and discrimination against Muslims, a priority concern of the Spanish chairmanship. Commissioner Louise McIntosh Slaughter, who chaired the hearing, expressed particular appreciation for the Minister’s recognition of the distinctive contributions of parliamentarians to the Helsinki process. Slaughter has been a long-time active participant in the OSCE Parliamentary Assembly. She welcomed the timeliness of the hearing and recognized the complicated dynamics evident in the lead up to the Madrid Ministerial. “I know you have an ambitious agenda for the Madrid meeting and the Russians and others may complicate your work given the OSCE rule requiring consensus,” she said, continuing, “over the years, I have appreciated the opportunity to work closely with fellow parliamentarians from throughout the OSCE region, from Vancouver to Vladivostok. The OSCE PA has provided important leadership on issues from combating anti-Semitism and other forms of intolerance to promoting projects aimed at protecting the environment, to combating the scourge of human trafficking and advancing security among the participating States.” As one of Congress’ leading voices on equal rights for women, Commissioner Slaughter also commented on the OSCE PA’s trailblazing work in this area, as well. Moratinos’ testimony covered a wide range of accomplishments during the Spanish chairmanship as well as the numerous outstanding and potentially contentious issues on the OSCE’s agenda. On Kosovo, the Minister stressed, “We have managed over the years to maintain a neutral and unbiased position in regard to the status of Kosovo and the communities recognize this effort of OSCE. While the OSCE is not directly involved in the status negotiation, we are, as OSCE, contributing to the process of creating the necessary conditions on the ground for the implementation of the status settlement.” In response to a query from Slaughter about a possible unilateral declaration of independence by Kosovo and the prospects for renewal of OSCE’s current mandate covering operations in Kosovo which expires at year’s end, Moratinos stressed that “it's very important that OSCE maintain its engagement in Kosovo, whatever is going to be the future status. We are ready to stay in Kosovo in order to focus on monitoring protection of the rights of communities, particularly regarding the centralization and the protection of cultural and religious sites.” With regard to longstanding conflicts in the OSCE region, the OSCE Chairman-in-Office pointed to the Organization’s continuing work to facilitate a settlement on the Transnistrian issue in Moldova, through participation in the "five-plus-two" negotiations. Regarding the Nagorno-Karabakh conflict, he reported that while ongoing mediation efforts by the OSCE Minsk Group have not resulted in a breakthrough in the settlement process, the parties nevertheless remain committed to continuing the negotiations. Moratinos cited concern over serious incidents both in Abkhazia and the zone of the Georgian-Ossetian conflict. He discussed the chairmanship’s efforts in the aftermath of the August 6th missile incident between Russian and Georgia, stressing the need for forward-looking measures to build confidence between the two OSCE countries and avoid similar incidents in the future. Turning to Afghanistan, the OSCE's newest Partner for Cooperation, Slaughter remarked, “When I first flagged the concerns regarding the problems in Afghanistan in the OSCE context, some people said ‘that isn't our concern, it's outside the OSCE region.’ Well, one of the lessons of September 11 is that events in seemingly faraway lands do matter for the people there and ultimately for our own security.” Moratinos, in response, said “The situation in Afghanistan continues to have a substantial impact on security in Central Asia. In this respect, the OSCE is considering a serious border management project, particularly in Tajikistan. We hope to encourage counterparts in Afghanistan in these border related activities.” Spain is proposing an informal discussion on the margins of the Madrid Ministerial on the OSCE’s role in promoting the stability and future of Afghanistan. Slaughter referred to a recent meeting she had with Afghanistan’s President Karzai in which she underscored the importance of the movement of women in that country and the benefits of educating his young Afghan girls. An outspoken supporter of Kazakhstan’s longstanding bid to chair the OSCE, Moratinos remarked, “this bid has been welcomed by all members of the Organization and we hope and we are sure that this is an excellent opportunity for Kazakhstan, Central Asia, and the OSCE as a whole. For now, there is not a final consensus regarding the date of the chairmanship by Kazakhstan, but as Chairman-in-Office, Spain is actively seeking to build a consensus amongst all OSCE states on this important decision for the Organization.” Broaching concerns over observation of upcoming parliamentary elections in the Russian Federation scheduled for December 2, Commissioner Slaughter cited remarks by a senior Russian elections official suggesting that there would be a numerical limit to the number of international observers, including OSCE observers to 400 in total. Slaughter pointed out that the OSCE alone deployed over 450 in 2003 for the last election to the State Duma, Russia’s parliament. In response, Moratinos stated, “If there is a danger in the debate of election observation, it is that some participating States, to a certain extent, would like to shift the discourse away from commitments and the fulfillment, or lack of fulfillment. We find it unhelpful to call into question the well established OSCE practice on election observation, which so far has proved most fruitful. In this respect, it is our concern that the announcement made by the Russian representative in Vienna indicating that the invitation to observe the Duma election would be ‘ala carte.’” On the thorny issue of Russian intransigence in the OSCE, Ranking Minority Member Christopher H. Smith, in a prepared statement, underscored that the power of ideas remains a meaningful force today as witnessed by the drama being played out in the arena of the OSCE between those committed to pluralistic democracy and those pursuing authoritarianism, euphemistically termed “managed democracy, and dictatorship, as in Belarus and others. “Compromising on core values or watering down longstanding commitments is not the solution to the current impasse. Rather, our responsibility is to remain steadfast to these values and principles to which all participating States – including those now recalcitrant – have promised to uphold in word and deed,” warned Smith. Moratinos concluded by focusing on the future of the OSCE against the backdrop of discontent among some participating States, notably Russia, Belarus and like-minded countries with some of the activities of the Organization and its direction as well as uncertainty over sustained funding of OSCE, including potential gaps between U.S. rhetorical support and actual commitment of resources. On the former, the Minister suggested that perhaps the time was ripe for the convening of an OSCE summit meeting of Heads of State or Government from the participating States. The last OSCE summit was held in Istanbul, Turkey, in 1999. Skeptics might question the prudence of organizing a summit now, given the acrimony over fundamental aspects of the OSCE standing in stark contrast to the 1990 Paris Summit which opened a new chapter in the Helsinki process firmly rooted in a commitment to pluralistic democracy and free and fair elections. On the question of U.S. funding of OSCE, Moratinos voiced concern over “some rumors” regarding possible cuts in support and enlisted the support of members of the Helsinki Commission in addressing the matter. “I know that the Helsinki Commission plays a unique role as a forum for debate on the burning issues of the day facing the OSCE and the region. In so doing, this Commission pays unique tribute to the longstanding and continued engagement by the United States with the OSCE and the values that underpin it,” said Moratinos.

  • Spain’s Leadership of the OSCE

    This hearing, which Louise McIntosh Slaughter presided over, discussed Spain’s leadership of the OSCE, and took place shortly before the country hosted the OSCE Ministerial Meeting in Madrid. The contents of the hearing included the OSCE’s unique role as far as the use of parliamentarians is concerned. The witness, Chair-in-Office H.E. Angel Moratinos, remarked on Spain’s support of the OSCE to find a lasting formula for stability in the Balkans. Other issues that Moratinos discussed were the human dimension, Kazakhstan’s bid to chair the OSCE, the role of ODIHR, and Spain’s prioritization of gender equality and freedom of the media and the fight against trafficking in human beings.

  • Combating Trafficking for Forced Labor Purposes in the OSCE Region

    The purpose of the hearing is to examine the scope and efficacy of OSCE and U.S. efforts to combat human trafficking for forced labor purposes; assess the effectiveness of legal anti-trafficking instruments in combating forced labor in selected member states, and the adequacy of resources dedicated to identifying victims of trafficking for forced labor, as compared with those directed at sexual trafficking.  Witnesses may also be asked to suggest additional measures that OSCE states or the U.S. Government might employ to better address trafficking and the underlying factors that make people vulnerable to becoming TIP victims.

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