-
hearing
Human Rights, Democracy, and Integration in South Central Europe
Thursday, June 15, 2006The hearing, led by the Hon. Christopher H. Smith, the Hon. Sam Brownback , and the Hon. Benjamin L. Cardin, focused primarily on the legal restrictions on religious activities and other attacks on religious freedom, lagging efforts to combat trafficking in persons, discrimination and violence against Roma, and the prevalence of official corruption and organized crime. The efforts to encourage Bosnia-Herzegovina to move beyond the limitations imposed by the Dayton Peace Agreement will be discussed. Further, the plight of the displaced and minority communities of Kosovo, and the need for Serbia to cooperate fully with the International Criminal Tribunal will also be covered.
-
article
From Promises to Practice: Implementation of National Policies on Roma, Sinti and Travellers
Tuesday, June 13, 2006By Erika Schlager, Counsel for International Law A recent conference on Romani issues provided a positive benchmark on how far the international community has come in addressing discrimination toward Europe’s largest ethnic minority group. The meeting also served to highlight how much more national governments have to do to address the needs of Roma in their countries. On May 4 and 5, 2006, the Government of Romania, along with several inter-governmental and non-governmental partners, hosted an “International Conference on the Implementation and Harmonization of National Policies for Roma, Sinti, and Travellers: Guidelines for a Common Vision.” The two-day meeting, conducted in Romani, Romanian, and English, was well attended and focused on housing, employment, community policing, and the status of Roma in Kosovo. Although one opening speaker joked that the magnitude of logos on display for the numerous hosts reminded him of medieval European heraldic insignia, the meeting demonstrated that at least in one area – Romani issues – two major players in this field, the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe, are able to put aside institutional rivalries in favor of cooperation. The conference hosts included the Austrian Presidency of the Council of the European Union, the Council of Europe, the European Commission, the European Union Monitoring Center, the European Roma and Travellers Forum, the OSCE, the Project on Ethnic Relations, and the Romanian Government in its capacity as Chair of the Council of Europe and as President of the Decade of Roma Inclusion. The Bucharest conference was convened to follow up on a similar meeting held in October 2005 in Warsaw. The title of the meeting underscored one of the key goals of Romani activists: turning promises into practice. For national governments, this means developing both the legal framework as well as the political will necessary for the full implementation of national policies and practices that meet the needs of their Romani minorities. Currently eight countries – Bulgaria, Croatia, the Czech Republic, Hungary, Macedonia, Romania, Serbia and Montenegro, and Slovakia – participate in the “Decade of Roma Inclusion.” The Decade is a multilateral initiative, supported by the Open Society Institute (OSI) and the World Bank, designed to establish measurable national goals for improving the situation of Roma in four priority areas: education, employment, health, and housing. In the context of this initiative, all of the countries involved have adopted national action plans as a basis for addressing these specific areas during the period 2005-2015. Romani leaders look to opportunities like the Bucharest conference to push for improved implementation of the action plans. Nicolae Gheorghe, a veteran of the Romani civil rights movement who will soon conclude his tenure as the OSCE Senior Advisor remarked that, 16 years ago, he thought the impetus for change would come from international organizations. Today, he suggested, change must be implemented by national governments. The focus of the conference was by no means exclusively on the eight Decade countries. While these eight countries collectively are home to roughly half of Europe’s Romani population, the addition of Central Europe’s large Romani minority into an expanded European Union has also served to heighten the attention given to Romani issues in Western Europe. This heightened awareness was reflected in the inclusion of speakers from countries such as Finland, Spain, Sweden, and the United Kingdom. Indeed, one Council of Europe speaker drew pointed attention to problems “in some of the oldest members of the European Union.” The situation of Roma in Kosovo as well as Kosovo Romani refugees and internally displaced person was addressed in a plenary session that underscored the widespread concern over the precarious situation of that particular Romani community. The plight of Kosovo Roma remains a top priority for Romani activists across the region. Some speakers argued that Romani representatives should be included in the ongoing status talks on Kosovo. The conference also addressed the issues of housing, employment, and police relations as they relate to the Romani communities. A Council of Europe official suggested that, in the aftermath of Romania’s recent floods, the Romanian Government should take advantage of the opportunities presented in the post-emergency context to regularize the legal status of Romani housing in flood-affected areas. A Hungarian Romani police officer noted that the inspiration for his transnational Romani Police Officers Association came from a meeting in New York with representatives of the National Black Police Officers Association. Changes Bring New Challenges As a benchmark for progress, the conference clearly showed how far the international community has come in addressing Roma issues. In 1994, the OSCE held its first seminar on Romani human rights issues. At that meeting, two interventions illustrated clearly the chasm that separated governments from the experiences and perspectives of their most vulnerable citizens. On one side stood Florina Zoltan, who described the brutal pogrom in Hadareni, Romania, that one year earlier had left her a young widow. On the other side, an Italian Government official welcomed the opportunity to attend a meeting where one could finally talk about that pesky “Gypsy crime problem.” There was little room for dialogue, let alone mutual cooperation. Twelve years later, the landscape has changed dramatically. Many government delegations to the Bucharest conference included Romani officials, and the improvements made in protecting the basic human rights of Roma now leaves enough political space for the discussion of other factors which contribute to the marginalization of Europe’s largest minority. (At the same time, this development prompted one Romani NGO to lament the virtual decapitation of the Romani civil rights movement: as more Roma move into government and inter-governmental positions, there are fewer independent Romani voices to hold those authorities accountable.) As the number of international meetings on Romani issues has increased in recent years, organizers of such meetings face considerable challenges in meeting the ever higher expectations for them, and governments, non-governmental actors, and international organizations must work hard to avoid duplication and create a sense of forward motion and real change. And, as suggested in concluding remarks by a Council of Europe representative, such conferences must figure out how to reach out to local governments, national parliaments and, above all, the majority populations which are the source of the discrimination Roma face.
-
speech
Statement on Human Rights in Central Asia at the Carnegie Endowment for International Peace
Tuesday, May 09, 2006First, let me thank the organizers of this conference for inviting me to speak. I applaud the co-sponsors for putting together this timely and sober gathering to mark the one-year anniversary of the Andijon events. I won’t bother talking to this audience about the human rights situation in Central Asia. The State Department’s annual Country Reports on Human Rights Practices routinely characterize the human rights observance in each country as “poor.” Some non-governmental organizations (NGOs) here today probably consider that too lenient, and I agree with them. It’s not surprising that countries which emerged from 70 years of communism should have difficulties creating rule of law states. But after 15 years of independence we should be seeing some separation of powers and a strong civil society. Instead, we see “super-presidents,” who have overwhelmed legislatures and judicial systems. Several have been in power for about 20 years, after rigged or canceled elections. “Royal families” control the most lucrative sectors of the economy and the media. Of course, newspapers in Kazakhstan have more leeway than in Uzbekistan or Turkmenistan. But even in Kazakhstan, reports on presidential misdeeds are taboo. Only in Kyrgyzstan do we see a freer media and hope of more in the future. And only in Kyrgyzstan is the president’s relationship with the other branches of power not yet set in a pattern of executive branch dominance. Yet a Tulip Revolution was necessary last year to bring about change in Kyrgyzstan, which raises serious questions about prospects for evolutionary development toward democracy in Central Asia. This brings us to Uzbekistan. No Central Asian country worked harder during the last 15 years to develop good strategic relations with Washington and to counterbalance residual Russian influence. But the country’s terrible human rights record complicated the development of a closer relationship. President Islam Karimov allows no opposition, torture is pervasive, for years human rights groups were unregistered, and Tashkent has waged war against Muslims who wanted to practice their faith outside state-approved channels. Now, the Islamic Movement of Uzbekistan is a terrorist group affiliated with al-Qaeda, and Hizb-ut-Tahrir is virulently anti-Western and anti-Semitic. But Karimov’s exclusive reliance on repression only exacerbates matters and has probably supplied cadres for radical and terrorist organizations. After September 11, 2001, we needed Uzbekistan’s cooperation and Karimov was delighted to help. Uzbekistan gave us a military base and the March 2002 agreement on strategic cooperation was signed in Washington. We agreed to support Uzbekistan, and Uzbekistan pledged to move towards democracy. But Karimov only implemented the democratization commitments just enough for Tashkent and Washington to point to “progress.” Gradually, frustration grew on both sides. It was just a matter of time before the arrangement collapsed. People often date the breakdown of U.S.-Uzbek relations to the events that happened in Andijon on May 12 and 13, 2005. We did not condone the violent takeover of government buildings in that city. But we condemned the indiscriminate shootings in the square that followed and when we called for an independent, international investigation, Karimov balked. As we all know, he began to move against U.S. NGOs. Few remain in Uzbekistan today. Then we were unceremoniously booted out of the K-2 base. But ties had actually soured long before, because Karimov saw the Stars and Stripes behind the Georgian, Ukrainian and Kyrgyz revolutions. Most alarming for Tashkent was the Tulip Revolution which proved that “people power” was possible in Central Asia. Like President Putin, Central Asian leaders insist that a sinister hand, based in Washington but using American NGOs working in the region, plotted the downfall of Eduard Shevardnadze, Leonid Kuchma and Askar Akaev -- and is now gunning for them. So a split has developed in Central Asia. Kyrgyzstan, though plagued by criminality and sometimes seemingly chaotic, is better off than with the previous corrupt regime and well disposed towards the U.S. Uzbekistan’s Karimov sees us as his greatest strategic danger; he has cracked down even harder and state-run media accuse us of trying to enslave Uzbekistan. Kazakhstan, Tajikistan and Turkmenistan are suspicious of our allegedly revolutionary goals but still want to maintain good ties – as long as they are not threatened by civil society. And Kazakhstan and Turkmenistan surely assume that we want their oil and gas too much to stir the pot. What can we do about this? How can we try to make things better, especially keeping in mind that U.S. influence is limited? This week I will be re-introducing my Central Asia bill, to help ensure that the United States is doing everything possible to encourage these governments to respect human rights and democratization. The act will also bring greater consistency to U.S. policy, creating a framework to guide our bilateral relations in Central Asia. The Central Asia Democracy and Human Rights Promotion Act supports the President’s freedom agenda by providing $118 million in assistance for human rights and democracy training and $15 million for increased Radio Free Europe/Radio Liberty and Voice of America broadcasting. The new Act will also establish a certification mechanism for the distribution of assistance to each government. The Secretary of State will determine whether each has made “significant improvements in the protection of human rights.” This system will have a national security waiver and is modeled on the current system in Foreign Ops appropriations for Kazakhstan and expanded for all five countries. In addition, considering the forced return of Uzbek refugees from Kyrgyzstan and Kazakhstan, the new Act will require the Secretary of State to report on whether any government is “forcibly returning Uzbeks or other refugees who have fled violence and political persecution.” This is modeled on language regarding Kyrgyzstan in Foreign Ops appropriations and expanded for all five countries. Notably, my new legislation will create a sanctions section for Uzbekistan. First, the bill concretizes into law the limitations already in place in Foreign Ops appropriations. The limitation prevents funding to the Uzbek Government unless the Secretary of State determines the government is “making substantial and continuing progress” towards respect for human rights and that the Uzbek Government begins a “credible international investigation” of Andijon. In addition, the new Act mirrors European Union sanctions by establishing a visa ban and an export ban on munitions. The sanctions section also establishes an asset freeze for Uzbek officials, their family members, and their associates implicated in the Andijon massacre or involved in other gross violations of human rights. Ladies and gentlemen, it is hard to promote democratization in strategically important countries whose leaders want to keep all real power in their own hands. Our task is especially complicated by the fact that Russia – which has re-emerged as a major international player, thanks to sky-high oil prices – is working hard to undermine our efforts. But I think the measures which I’ve outlined here in brief offer a good chance of achieving our goals. Thank you for your attention. I look forward to hearing the other participants’ views and your comments.
-
statement
Floor Statement in Support of H.Con.Res. 190
Tuesday, March 14, 2006H. Con. Res. 190 expresses the sense of the Congress that the Russian Federation should fully protect the right of its people to worship and practice their faith as they see fit. This freedom is the right of all religious communities without distinct, whether registered or unregistered, and that is stipulated by the Russian Constitution and by international standards. Yet I am sorry to report religious freedom for minority religious communities throughout the Russian Federation have been under growing pressure as local officials and government authorities continue to harass and limit the abilities of these groups to practice their faith freely. As we learned at a recent Helsinki Commission hearing, instances of violence have become alarmingly common. Arson attacks against churches in Russia have occurred in several towns and cities with little or no police response. In its 2005 International Religious Freedom Report, the State Department Office on International Religious Freedom notes: “Some Federal agencies and many local authorities continue to restrict the rights of various religious minorities. Moreover, contradictions between Federal and local laws and varying interpretations of the law provide regional officials with opportunities to restrict the activities of religious minorities. Many observers attribute discriminatory practices at the local level to the greater susceptibility of local governments than the Federal Government to discriminatory attitudes in lobbying by local majority religious groups. The government only occasionally intervenes to prevent or reverse discrimination at the local level.” Mr. Speaker, the internationally recognized expert on religious liberty in Russia, Larry Uzzell, has written: “Russia has now come to use as standard practice methods of religious repression that were applied only occasionally in the 1990s. Secular bureaucrats now typically refuse to authorize land transfers to Baptist churches and also forbid movie theaters or other public halls to sign rental contracts with them.” As a result, as an example: “In Moscow City alone some 10 Baptist congregations have ceased to exist simply because they could not find places within which to worship.” I would just note parenthetically, Mr. Speaker, I want to thank Larry for his extraordinary work in bringing this matter to the attention of the Congress. Larry is a tireless advocate for oppressed believers throughout Russia and Central Asia. He is facing some serious health issues now, and I would like to wish him a very speedy recovery. Mr. Speaker, in response to this growing and very negative trend in Russia, this resolution urges the Russian Federation to “ensure full protections of freedoms for all religious communities without distinction, whether registered or unregistered, and to end the harassment of unregistered religious groups by the security apparatus and other government agencies, as well as to ensure that law enforcement officials rigorously investigate acts of violence against unregistered religious communities, and to make certain that authorities are not complicit in such attacks.” I point out that in March 2004 a district court banned the religious activity of Jehovah's Witnesses in Moscow. For 2 years now the authorities have used the Moscow decision to harass the Jehovah's Witnesses Administration Center in St. Petersburg, with threats to “liquidate” the administrative center which could threaten local congregations of Jehovah's Witnesses throughout all of Russia. Members of the Russia's Muslim community and respected human rights activists have expressed concern regarding what they contend are large-scale fabrications of terrorism against Russian Muslims. One of Russia's Supreme Muftis has stated that random police checks and arrests are becoming commonplace throughout Russia for Russian Muslims. Let me reiterate that Russia has every right to defend itself against terrorism and to investigate and prosecute terrorists. Of course it does. Here in the United States we face the problem of combating terrorism while safeguarding civil liberties. I would urge the government, however, to strive for the proper balance in defending both its citizens as well as their civil liberties. Mr. Speaker, the religious liberty picture in Russia is not entirely dark, and it would be disingenuous to make that assertion. There are Nations that have worse records. They can be found on the list of “countries of particular concern” that is issued by the U.S. Department of State in its annual report on religious freedom around the world, so-called CPC countries like Vietnam. However, Russia is a member of the U.N. Security Council, an OSCE-participating State, and will soon chair the Council of Europe. In addition, this year, it is the chair of the G-8 and the host of the G-8 Summit in St. Petersburg in July. Considering all of these positions, they should be expected to uphold basic, internationally recognized and accepted standards to protect peaceful religious practice. That is what this resolution is all about.
-
statement
Statement in Support of H.Con.Res.190 (McIntyre)
Tuesday, March 14, 2006Mr. Speaker, I am very pleased that the House is considering H.Con.Res. 190 today, that urges the Russian Federation to protect fully the freedoms of all religious communities without distinction, whether registered and unregistered, as stipulated by the Russian Constitution and international standards. As stated in the resolution, the United States throughout its history has sought to protect the fundamental and inalienable human right to seek, know, and serve God according to the dictates of one’s own conscience. I completely agree. The “first right” of religious freedom must be respected, and so this resolution is of critical importance. The Russian Federation is an OSCE participating State and has freely committed to protect this right, so that all may freely profess and practice the religion or belief, either alone or in community with others. Russia has promised to do this through numerous OSCE documents, but also in its own constitution. Article 28 of the Russian constitution declares “everyone shall be guaranteed the right to freedom of conscience, to freedom of religious worship, including the right to profess, individually or jointly with others, any religion.” Unfortunately, this fundamental right is not always observed, especially for groups that are not registered with the government. For groups denied registration, who have had their registration stripped, or refuse registration on religious grounds, the lack of registration means they experience significant difficulties in enjoying their religious liberties. Registration is critical for religious groups to enjoy fully their religious freedoms, as many rights and privileges afforded to religious communities are contingent on obtaining registration. In addition to discrimination by local authorities, in the last two years there have been more than ten arson attacks estimated on unregistered Protestant churches. At a Helsinki Commission hearing that I attended last year on problems facing unregistered religious groups in Russia, I was troubled to learn of the lack of effective action by law enforcement to bring the criminals to justice. The perpetrators of these hateful acts have gone unpunished, with police and other officials turning a blind eye. In the worst cases, law enforcement personnel have actually been the persecutors, carrying out violent actions against individuals from unregistered communities who are only wishing to practice peacefully their faith. In closing, the Russian Federation is urged to do more, to ensure that all may fully enjoy their religious liberties. I therefore urge my colleagues to support H.Con.Res. 190.
-
statement
Statement in Support of H.Con.Res.190 (Pitts)
Tuesday, March 14, 2006Mr. Speaker, I rise today in support of H. Con. Res. 190, urging the Russian Federation to protect and ensure religious freedom for all people in Russia. Last year witnesses at a Helsinki Commission hearing on unregistered religious groups in Russia, provided alarming reports about the actions of local authorities towards unregistered or minority religious communities. Recurring reports of police harassment and criminal violence (that is rarely vigorously investigated) against these groups is jeopardizing the status of religious liberties in Russia. Adding to the concerns are recent reports that the Duma is preparing legislation to regulate the activities of missionaries. Reportedly, the bill would create administrative and criminal penalties for “unlawful missionary work connected with provoking religious extremism.” There was also speculation in the Russian media that the Justice Ministry was looking to tighten the rules for granting visas to foreign missionaries. Furthermore, there are also reports that the Duma is considering an amendment to existing legislation that would require re-registration of registered religious organizations. Mr. Speaker, these initiatives make evident that some people in the Russian government believe the role of the state is to control religious freedom rather than to facilitate and protect free expression. Officials know that it is very difficult for unregistered religious organizations to function effectively and freely—they know that limiting the actions of missionaries and restricting the distribution of visas would be the best option to control the growth of religious organizations. The Congress must send a clear signal to President Putin and other Russian officials that religious freedom is a critically important issue and that we expect Russia to uphold its own constitution and its international commitments and protect the fundamental right of freedom of conscience. This resolution specifically urges Russia to fully protect religious freedoms for all religious communities, whether registered or unregistered, and to prevent the harassment of unregistered religious groups by the security apparatus and other government agencies. I strongly urge my colleagues to support H. Con. Res. 190.
-
statement
Statement in Support of H.Con.Res. 190
Tuesday, March 14, 2006Mr. Speaker, I rise today in support of H. Con. Res. 190, urging the Russian Federation to protect and ensure religious freedom for all people in Russia. Last year witnesses at a Helsinki Commission hearing on unregistered religious groups in Russia, provided alarming reports about the actions of local authorities towards unregistered or minority religious communities. Recurring reports of police harassment and criminal violence (that is rarely vigorously investigated) against these groups is jeopardizing the status of religious liberties in Russia. Adding to the concerns are recent reports that the Duma is preparing legislation to regulate the activities of missionaries. Reportedly, the bill would create administrative and criminal penalties for “unlawful missionary work connected with provoking religious extremism.” There was also speculation in the Russian media that the Justice Ministry was looking to tighten the rules for granting visas to foreign missionaries. Furthermore, there are also reports that the Duma is considering an amendment to existing legislation that would require re-registration of registered religious organizations. Mr. Speaker, these initiatives make evident that some people in the Russian government believe the role of the state is to control religious freedom rather than to facilitate and protect free expression. Officials know that it is very difficult for unregistered religious organizations to function effectively and freely—they know that limiting the actions of missionaries and restricting the distribution of visas would be the best option to control the growth of religious organizations. The Congress must send a clear signal to President Putin and other Russian officials that religious freedom is a critically important issue and that we expect Russia to uphold its own constitution and its international commitments and protect the fundamental right of freedom of conscience. This resolution specifically urges Russia to fully protect religious freedoms for all religious communities, whether registered or unregistered, and to prevent the harassment of unregistered religious groups by the security apparatus and other government agencies. I strongly urge my colleagues to support H. Con. Res. 190.
-
statement
Statement in Support of H.Con.Res. 190
Tuesday, March 14, 2006Mr. Speaker, I am very pleased that the House is considering H.Con.Res. 190 today, that urges the Russian Federation to protect fully the freedoms of all religious communities without distinction, whether registered and unregistered, as stipulated by the Russian Constitution and international standards. As stated in the resolution, the United States throughout its history has sought to protect the fundamental and inalienable human right to seek, know, and serve God according to the dictates of one’s own conscience. I completely agree. The “first right” of religious freedom must be respected, and so this resolution is of critical importance. The Russian Federation is an OSCE participating State and has freely committed to protect this right, so that all may freely profess and practice the religion or belief, either alone or in community with others. Russia has promised to do this through numerous OSCE documents, but also in its own constitution. Article 28 of the Russian constitution declares “everyone shall be guaranteed the right to freedom of conscience, to freedom of religious worship, including the right to profess, individually or jointly with others, any religion.” Unfortunately, this fundamental right is not always observed, especially for groups that are not registered with the government. For groups denied registration, who have had their registration stripped, or refuse registration on religious grounds, the lack of registration means they experience significant difficulties in enjoying their religious liberties. Registration is critical for religious groups to enjoy fully their religious freedoms, as many rights and privileges afforded to religious communities are contingent on obtaining registration. In addition to discrimination by local authorities, in the last two years there have been more than ten arson attacks estimated on unregistered Protestant churches. At a Helsinki Commission hearing that I attended last year on problems facing unregistered religious groups in Russia, I was troubled to learn of the lack of effective action by law enforcement to bring the criminals to justice. The perpetrators of these hateful acts have gone unpunished, with police and other officials turning a blind eye. In the worst cases, law enforcement personnel have actually been the persecutors, carrying out violent actions against individuals from unregistered communities who are only wishing to practice peacefully their faith. In closing, the Russian Federation is urged to do more, to ensure that all may fully enjoy their religious liberties. I therefore urge my colleagues to support H.Con.Res. 190.
-
speech
Debate on "Present World Crisis Regarding Freedom of Expression and Respect for Religious Beliefs"
Friday, February 24, 2006In the First Amendment of the Constitution of the United States, the people’s right to freedom of speech, including freedom of the press, and the people’s right to peacefully assemble to protest both, are guaranteed. As political leaders, we have a special responsibility—words have consequences. When words can lead to anti-Muslim or anti-Semitic or anti-Christian actions—we have a responsibility to speak out against such expression. The recent political cartoons published in the European press which mock the Prophet Mohammed and equate Islam and practicing Muslims with terrorism are not only offensive but also irresponsible because they foster anti-Muslim sentiment. We should protect the right of the press, but we should condemn such expressions as wrong. If we do not act, we risk leaving a terrible legacy to our children. Such a legacy would condone hate speech and racial and religious incitement. Such a legacy would lead to more tragic and unjustifiable violence, more discrimination against Muslims and more attempts by government to improperly control the media. We should act effectively and peacefully. Dr. Martin Luther King, Jr., the most profound civil rights leader in the United States in the 20th Century, cautioned all of us that the legacy of hate and violence must not be hate and violence. The violent response to the cartoons must be condemned, but our response to the cartoons must be decisive. The OSCE has acted against anti-Semitism, racism, xenophobia and all forms of religious discrimination. We have an action plan reinforced by ODIHR and our special representatives. We need to reinforce our efforts to educate respect and understanding among all religions. We need to strengthen training on the right and responsibility of a free media. We need to promote specific and appropriate activities in each of our States to facilitate these goals. As leaders, let our legacy be for each of our States—freedom of the press and greater understanding and respect for religious diversity.
-
briefing
Religious Freedom in Uzbekistan and Turkmenistan
Wednesday, December 14, 2005Hon. Chris Smith, Co-Chairman of the Helsinki Commission, highlighted key policies of repression by Uzbekistan such as refusing registration for religious groups seeking legal status and perpetrating acts of aggression against members of these groups, and emphasized the lack of religious freedom for practicing Muslims in the country. Additionally, recent violations of religious freedom in Turkmenistan in spite of attempts at reform were evaluated. Witnesses testifying at the hearing - Witness One, a Baptist from Turkmenistan; Felix Corley, Editor of Forum 19 News Service; John Kinahan, Assistant Editor of Forum 19 News Service; and Joseph K. Grieboski, President of the Institute on Religion and Public Policy – presented personal testimonies and illustrated the importance of addressing the commitments of the governments of Turkmenistan and Uzbekistan to upholding religious freedom as members of the Organization for Security and Cooperation in Europe.
-
statement
Religious Speech Limitations in Sweden
Wednesday, November 09, 2005Mr. Speaker, freedom of thought, conscience, religion or belief is a fundamental element of international human rights norms. It is inextricably intertwined with other fundamental rights, including the rights to freedom of speech, freedom of association and freedom of assembly. Considering this, I am increasingly concerned by European trends to place limitations on religious speech under the guise of preventing offense or limiting hate speech. One such case concerns Ake Green, the pastor of a Pentecostal church in Kalmar, Sweden, who was sentenced to 1 month in prison for “inciting hatred” against homosexuals. Pastor Green’s troubles began on July 20, 2003, when he expressed his disapproval of homosexuality in a sermon, founded upon his understanding of the Bible. He did not incite nor encourage his congregation on the small southeastern island of Oland to violence. He did, however, express his personal opinion on homosexuality and made a personal moral judgment that the lifestyle was sinful. He later circulated the sermon text to media outlets in an attempt to insert an alternative view into Sweden’s “marketplace of ideas.” When prosecutors saw the sermon printed, they brought charges against Pastor Green for “inciting hate” toward homosexuals. A district court agreed in June 2004, finding his sermon to be criminal. One particularly alarming quote from the district court’s decision stated, “It is forbidden to use the Bible or similar material to threaten or express disrespect for homosexuals as a group.” Mr. Speaker, should pastors really be sent to jail for sermons that a court deems “disrespectful” or “offensive”? Should the state really dictate how a religious leader interprets the Bible, the Torah, or other religious texts? The district court’s ruling raises the question of whether ministers and priests in Sweden are really free to preach their beliefs. I recognize that the right to freedom of expression is not absolute and not all speech is protected. After 9/11 and the Madrid and London bombings, we have all seen how criminals abuse religion to preach violence and lead others in criminal deeds. Authorities are within their rights to take legal action to curtail the speech when it rises to the level of posing an imminent threat of actual criminal action. The international community and the European Court of Human Rights have recognized this high threshold for limiting speech activity. Yet we must be careful to not limit religious liberties and speech rights. Thankfully, Pastor Green has not spent a night in jail while his case is on appeal. Also encouraging was the February decision by an appellate court to overturn the conviction, saying it is not illegal to preach a personal interpretation of the Bible. However, Sweden’s chief prosecutor, Fredrik Wersaell, appealed to the Supreme Court, contending that Green violated Sweden’s 2003 hate crimes law. The Supreme Court will hear the appeal on November 9th. Undoubtedly, Swedes enjoy tremendous religious freedoms and generally Sweden is a staunch defender of human rights. However, in this case, the government has sought to limit basic religious teachings. I believe the criminalization of the use of the Bible to express beliefs, if not overturned, will have frighteningly broad ramifications for the free practice of religion in Sweden and beyond.
-
article
American Agenda Moves Forward at the 14th Annual OSCE Parliamentary Assembly
Friday, August 19, 2005The 14th Annual Meeting of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly convened in Washington, DC, July 1-5, 2005. Speaker of the House, J. Dennis Hastert (R-IL), the host for this year’s Assembly, welcomed more than 260 parliamentarians from 51 OSCE participating States as they gathered to discuss various political, economic, and humanitarian issues under the theme, “30 Years since Helsinki: Challenges Ahead.” Commission Chairman Senator Sam Brownback (R-KS) served as head of the U.S. Delegation, Co-Chairman Christopher H. Smith (R-NJ) was delegation vice-chairman. Secretary of State Dr. Condoleezza Rice gave the inaugural address at the assembly’s opening session, thanking the members of the OSCE PA for their work toward “human rights, the rule of law, free and fair elections, and the development of transparent, accountable institutions of government across the OSCE community and around the globe. “As the Chairman-in-Office and Parliamentary Assembly take a fresh look at the OSCE agenda and consider these and other items, preserving the integrity of Helsinki principles and ensuring that the OSCE continues to be an agent of peaceful, democratic transformation should be paramount objectives,” Secretary Rice said. Chairman Brownback in plenary remarks underscored the rich history of the Helsinki Process, unwavering U.S. commitment to human rights and the dignity of the individual, and the dramatic advances made in Georgia, Ukraine, and Kyrgyzstan. At the same time, he pointed to the remaining work to be done in the OSCE region and beyond to meet the promises made with the signing of the 1975 Helsinki Final Act. Offering guidance to the body, OSCE PA President and Helsinki Commissioner Rep. Alcee L. Hastings (D-FL) reiterated the gathering’s theme: “In this new Europe, and in this new world, the OSCE and the OSCE Parliamentary Assembly must stand ready to respond to new threats and challenges, and this means evolving and adapting to new realities.” Agenda and Issues Among the issues considered by the Assembly were recommendations for changes in the OSCE Code of Conduct for Mission Members, efforts to combat human trafficking, and calls for greater transparency and accountability in election procedures in keeping with OSCE commitments made by each of the 55 participating States. The First Committee on Political Affairs and Security met to discuss matters of terrorism and conflict resolution, including resolutions on the following topics: terrorism by suicide bombers the situation in Abkhazia, Georgia terrorism and human rights Moldova and the status of Transdniestria Under the chairmanship of Rep. Benjamin L. Cardin (D-MD), the Second Committee on Economic Affairs, Science, Technology and Environment moved on a number of issues, including resolutions and amendments on: small arms and light weapons maritime security and piracy the OSCE Mediterranean dimension money laundering the fight against corruption The Third Committee on Democracy, Human Rights and Humanitarian Questions tackled a number of resolutions, as well as two supplementary items brought by members of the U.S. Delegation. Other topics addressed by the Committee included: the need to strengthen the Code of Conduct for OSCE Mission Members combating trafficking in human beings improving the effectiveness of OSCE election observation activities The Assembly plenary met in consideration of the resolutions passed by the general committees as well as the following supplementary items: improving gender equality in the OSCE combating anti-Semitism Special side events were held in conjunction with the 5-day meeting, including a briefing on the status of detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, held by senior U.S. officials from the Departments of Defense and State. Members of the U.S. Delegation also participated in the following organized events: Parliamentary responses to anti-Semitism Working breakfast on gender issues Mediterranean side meeting Panel discussion on the Nagorno-Karabakh conflict Human rights in Uzbekistan Meeting of the parliamentary team on Moldova In addition, while participating in the Assembly, members of the U.S. Delegation held bilateral meetings with fellow parliamentarians from Azerbaijan, Georgia, Kazakhstan, and Turkmenistan. They also had formal discussions with the newly appointed OSCE Secretary General Marc Perrin de Brichambaut. Key U.S. Initiatives The successful adoption of a number of supplementary items and amendments to the Assembly’s Washington Declaration illustrated the extent of the activity of the members of the U.S. Delegation in the three Assembly committees. The delegation met success in advancing its initiatives in human trafficking, election observation activities, and religious freedom. As a result, the Washington Declaration reflects significant input based on U.S. initiatives. In the General Committee on Democracy, Human Rights and Humanitarian Questions, Senator Voinovich (R-OH) sponsored, and successfully passed, a supplementary item on funding for the Office for Democratic Institutions and Human Rights (ODIHR) to allow it to continue its missions and responsibilities. Speaking on the passage of his resolution on combating trafficking at the hands of international peacekeepers, Co-Chairman Smith said, “In the past, the lack of appropriate codes of conduct for international personnel, including military service members, contractors, and international organization’s employees, limited the ability to counter sexual exploitation and trafficking. That is finally changing.” The U.S. Delegation also overwhelmingly defeated text offered by the Russian Delegation that would have weakened the ability of ODIHR to effectively perform election observations. Co-Chairman Smith, principal sponsor of the amendments that served to frustrate the Russian resolution, praised the OSCE Parliamentary Assembly saying, “The Parliamentary Assembly has reaffirmed the central and historic leadership role of the OSCE’s Office of Democratic Institutions and Human Rights in monitoring elections….Parliamentarians from the participating States have soundly rejected the ploy to weaken OSCE election standards, holding participating States accountable when they fail to fulfill their OSCE election commitments.” On the issue of religious freedom, the U.S. Delegation carried through two amendments to the final Assembly declaration. “I am very pleased that these amendments passed,” said Co-Chairman Smith, who offered the amendments to the draft resolution. “However, the fact that the first amendment passed by only 10 votes underscores the continuing challenge in the fight for religious liberties in the OSCE region. The fact that parliamentarians are willing to discriminate against minority religious communities is sobering.” In addition, an amendment brought by Del. Eleanor Holmes-Norton (D-DC) that calls on the U.S. Congress to grant voting rights for residents of the District of Columbia secured passage. Leadership Positions Commissioner Hastings was re-elected unanimously to another one-year term as the President of the OSCE Parliamentary Assembly. Joining the U.S. leadership on the Parliamentary Assembly, Commissioner Benjamin L. Cardin was also re-elected Chairman of the General on Economic Affairs, Science, Technology and Environment by unanimous decision. Commission Co-Chairman Christopher H. Smith continues in his role as Special Representative on Human Trafficking to the OSCE PA. Additionally, Rep. Hoyer chaired the Ad Hoc Committee on Transparency and Accountability, which works to foster greater response from the governments of participating States to Assembly initiatives. The close of the Assembly was marked with the adoption of the Washington Declaration and concluding remarks by OSCE PA President Hastings. The Parliamentary Assembly will meet again next year, July 3-7, in Brussels, Belgium. U.S. Delegation to 14th Annual OSCE Parliamentary Assembly: Commission Chairman Sen. Sam Brownback (R-KS) Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) Sen. George Voinovich (R-OH) Rep. Steny H. Hoyer (D-MD) Rep. Louise McIntosh Slaughter (D-NY) Rep. Alcee L. Hastings (D-FL) Rep. Robert Aderholt (R-AL) Rep. Mike McIntyre (D-NC) Rep. Joseph R. Pitts (R-PA) Rep. Mike Pence (R-IN) Del. Eleanor Holmes Norton (D-DC)
-
article
Human Rights in Iran: Prospects and the Western Response
Friday, August 12, 2005By Ronald J. McNamara, International Policy Director In response to ongoing developments in Iran, on June 9 the U.S. Commission on Security and Cooperation in Europe, also called the U.S. Helsinki Commission, held a hearing entitled, “The Iran Crisis: A Transatlantic Response,” to examine the continuing pattern of serious human rights violations in Iran and consider how to formulate an effective transatlantic response. The hearing is part of a series to explore emerging threats to countries in the OSCE region. Iran shares borders with several OSCE participant States: Armenia, Azerbaijan, Turkey, and Turkmenistan and also borders Afghanistan, an OSCE Partner for Cooperation. Commission Chairman Senator Sam Brownback (R-KS) focused squarely on the deteriorating human rights climate in Iran: “Across the border, Iran's human rights record is dismal and getting worse. The Iranian regime employs all of the levers of power to crush dissent, resorting in every form of persecution, even so far as execution. No effort is spared to silence opposition.” “Freedom denied” sums up the regime’s approach to fundamental human rights across the board, observed Chairman Brownback, “the tyrants in Tehran time and time again have shown a zeal for crushing outbreaks of free thought. Having come down hard on vestiges of independent media, the regime has pursued those who sought refuge on the Internet as a domain for democratic discussion.” Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) drew attention to the extensive economic ties between many European countries and Iran, suggesting that such interests influence policy toward Tehran. Smith also questioned the effectiveness of existing UN human rights structures and the need for major reform of the system. Dr. Jeff Gedmin, Director of the Aspen Institute Berlin, testifying before the Commission, noted the paradigm shift in U.S. foreign policy following the 9/11 terrorist attacks: “It’s changed our thinking about democracy, not only for the moral reasons, but because, as the president and others have said, the old realism, the old stability sort of policies didn't keep us safe, either. They weren’t fully moral, and they didn’t keep us safe.” Gedmin urged a more assertive approach toward Iran that would link the security approach and the human rights and democracy approach, and warned against concentrating on the former to the exclusion of the latter. Gedmin called for ensuring that promotion of democracy is part of any dialogue with the regime, while admitting that European commercial interests could complicate matters. In his testimony, Tom Melia, Deputy Executive Director of Freedom House, focused on the dynamics of democracy promotion more generally and efforts to foster related U.S. and European cooperation through the Trans-Atlantic Democracy Network initiative involving senior government officials and NGO activists from both sides of the Atlantic. He admitted that there are a variety of European perspectives on how best to encourage democratic change, contrasting “the more traditional Western European officials around Brussels and the newly arrived officials from Central and Eastern Europe….who are willing to be strong allies.” Citing the recently released report How Freedom is Won, Melia noted that broad civic engagement can speed democratic reform and that the absence of opposition violence in the struggle for change ultimately enhances the prospects for consolidation of democracy. Turning to Iran, he noted that the June 17th elections in that country “are not about filling the offices that matter in Iran.” Ms. Goli Ameri, Co-Founder of the Iran Democracy Project, addressed the complexities faced by Iranian-Americans who have thrived in the freedom and opportunity offered in the United States, and who hope that such liberties will be seen in Iran itself. She explained some of the differing approaches advocated within the community: “In my experience, there are three different views on U.S. policy towards Iran amongst Iranian-Americans. One group believes that the U.S. needs to take an active role and make regime change an official U.S. policy. The second group believes that freedom from decades of oppression can only come from the Iranian people themselves without any type of outside involvement.” Ameri continued, “In my travels, the majority of Iranian-Americans I met have a third, more considerate way in mind. They speak as concerned citizens of the United States and independent of political opposition groups or extremist political doctrines. They care about U.S. long-term interests as much as they care for their compatriots in Iran…Iranian-Americans support the promotion of a civil society and a civil movement in Iran. However, they want to ascertain that the format of support does not hurt the long-term security and interests of the United States, as well as not sully the mindset of the Iranian people towards the United States.” Ameri emphasized that Iranian-Americans, “differentiate between support for civic organizations and support for opposition groups, with the latter being of zero interest.” Dr. Karim Lahidji, an Iranian human rights activist since the late 1950s who fled Iran in 1979, pointed to contradictions that exist within the Islamic Republic of Iran, including the “farce” that the regime is somehow based on popular sovereignty. He noted that “power itself is dual in the sense that, on one hand, there is this [unelected] supreme guide, who is kind of a Superman, who supersedes over the other branches of government” and exercises “100 percent real executive power.” Under the current structures in place in Iran, Lahidji stressed, “the underlying and governing principle, it's not equality. It is discrimination that really rules” in which “the rights of the common citizen are different from the rights of Muslims, or the rights of non-Muslims are different from the rights of Muslims. Women don't have the same rights as men. But common people don't have the same rights as the clergy.” He concluded, “Under the present constitution, any reform of the power structure in the country that would lead to democracy or respect of human rights is impossible.” Manda Ervin, founder of the Alliance of Iranian Women, focused on the daily difficulties facing the average Iranian, including rising unemployment, unpaid workers, and other hardships that have spawned manifestations of civil disobedience that are in turn repressed by security and paramilitary forces. Hunger strikes and sit-ins by university students and journalists are common and are met with repression by the authorities. Citing arrests of activists, including members of the Alliance of Iranian Women, Ervin stated, “The regime of Iran practices gender apartheid and legal abuse of children. The constitution of this regime belongs to the 7th century and is unacceptable in the 21st century.” In an impassioned conclusion Ervin said, “the people of Iran need our support, our moral support, our standing in solidarity with them. They don't want words any more. They don't trust words. They want actions. They want United States and Europe to stand together against the regime of Iran.” The panelists repeatedly cited Iranian youth and the efforts of NGO activists as key elements in building a brighter future for Iran. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.
-
article
Meeting the Demographic Challenge and the Impact of Migration
Tuesday, June 21, 2005By Erika Schlager, Commission Counsel for International Law The thirteenth meeting of the Economic Forum of the Organization for Security and Cooperation in Europe convened in Prague, the Czech Republic, from May 23-27, 2005. This year, Forum participants from 52 of the 55 OSCE participating States met under the broad theme of “Demographic Trends, Migration and Integrating Persons belonging to National Minorities: Ensuring Security and Sustainable Development in the OSCE Area.” [1] Stephan Minikes, U.S. Ambassador to the OSCE, summarized the factors that drove the meeting’s focus on demographic, migration and related population issues: “Given current demographic trends in much of the OSCE space, an increasing number of states will have to deal with migration on a larger scale. In many countries, the decline in workforce due to aging and shrinking populations cannot be arrested or reversed quickly enough through increased fertility. To maintain quality of life, sustainable development and support pension schemes, many countries will have to open their labor markets, and quickly. Inviting immigrants will force states not only to integrate them, but also to evaluate their immigration policies . . . .” The Economic Forum, replicating what has been a growing trans-Atlantic public debate, gave particular attention to efforts to increase birthrates and to enhance migration from other regions that – for now – are experiencing population growth (at least relative to job availability). With respect to the goal of increasing the birthrate, no single policy prescription emerged from the discussions. The Norwegian delegation described grass-roots driven policy changes that contributed to raising the birth rate in Norway – although it was only raised to 1.8 percent, still below replacement levels. A number of other speakers highlighted the need to develop policies to help women juggle both careers and parenting. In closing remarks, the U.S. delegation observed, “[w]hile we do not dispute this need, we believe that it is equally critical to keep in mind the parenting role of men as well.” Conspicuously absent from the discussion was consideration of data on ethnic groups within countries. In several countries, for example, the demographic trend in the Romani minority differs from the ethnic majority: Romani communities often have a higher birth rate, shorter life-span and higher infant mortality. Nevertheless, although there is a Europe-wide demographic crisis, a few public officials in several countries, perhaps reflecting widespread social antagonisms toward the Romani community, argued for targeted programs to reduce the Romani birth rate. In the discussion of migration trends, the economic and environmental factors that lead people to migrate were examined, as well as the implications of such migrations for both the countries that send and receive migrant populations. A few countries, including Albania, Armenia and Tajikistan, spoke from the perspective of a sending country, touching on both the positive (e.g., remittances) and negative (e.g., brain drain) aspects of population outflows. Other sessions of the Prague Forum addressed population developments, including: Environment and migration; Providing services for migrants; Awareness raising and economic integration in countries of destination; Economic and social integration of national minorities; and Principles of integration of national minorities. Four side events were held concurrently with the working sessions. They were: Migration and economic development of the sending countries (an event held with the OSCE Mediterranean Partners for Cooperation); Implementing the Roma and Sinti Action Plan (economic and social aspects); The OSCE’s Anti-trafficking Program; and The Labor Migration Project in Armenia. In his closing remarks, a representative of the Slovenian Chair-in-Office (CIO) noted a few suggestions that might serve as the basis for further OSCE work, including: Developing an action plan on migration issues; Formulating a statement of principles that might be adopted at the OSCE Ministerial in December; Developing a handbook on managing migration; and, Establishing an advisory group on migration issues under the umbrella of the OSCE Economic and Environmental Activities Coordinator. The CIO representative noted that some of the recommendations went beyond the OSCE’s framework and mandate. In addition, during the discussions, a few countries (notably Turkey and France) noted that some speakers had advocated policy approaches that would not be acceptable to their capitals. Accordingly, it remains to be determined whether a consensus will be established for moving forward on any of these specific suggestions. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. U.S. DELEGATION: Stephan M. Minikes, U.S. Ambassador to the OSCE Susan F. Martin, Professor at Georgetown University and Executive Director of the Institute for the Study of International Migration at Georgetown University Ellen Thrasher, Associate Administrator, U.S. Small Business Administration Katherine A. Brucher, Deputy Political Counselor, U.S. Mission to the OSCE Robert Carlson, Political Officer, U.S. Mission to the OSCE Susan Archer, OSCE Desk Officer, U.S. Department of State Erika Schlager, Counsel for International Law, Commission on Security and Cooperation in Europe [1] (The three countries which had no representation during the course of the week were Andorra, Macedonia and Uzbekistan.)
-
article
Progress and Challenges: The OSCE Tackles Anti-Semitism and Intolerance
Tuesday, June 21, 2005By Ron McNamara, International Policy Director & Knox Thames, Counsel The OSCE Conference on Anti-Semitism and on Other Forms of Intolerance convened in Córdoba, Spain, from June 8-9, 2005. The conference, the third since the Helsinki Commission’s 2002 groundbreaking hearing on “Escalating Anti-Semitic Violence in Europe,” was well attended with many participating States represented by senior-level officials. New York Governor George E. Pataki headed the U.S. Delegation. Specific sessions were held on: Fighting anti-Semitism and other forms of discrimination, and promoting tolerance - from recommendations to implementation; Anti-Semitism and the media; Education on the Holocaust and on anti-Semitism; Responding to anti-Semitic and hate-motivated crimes; Fighting intolerance and discrimination against Muslims; Fighting intolerance and discrimination against Christians and members of other religions; and, Fighting racism, xenophobia and other forms of intolerance and discrimination. Specialized workshops were focused on: Anti-Semitism and the Media; Implementation of OCDE Office for Democratic Institutions and Human Rights’ (ODIHR) Taskings in the Field of Tolerance and Non-Discrimination; Promoting Tolerance and Ensuring Rights of Religion and Belief; and Combating Racism and Discrimination against Roma and Sinti. Side events were organized to address: Education on the Holocaust and anti-Semitism; Combating hate speech online in the OSCE framework; Anti-Semitism and satellite television; Teaching the Holocaust and the History of Anti-Semitism in Catholic Schools: Promoting Tolerance and Interfaith Understanding; Why Should We Work Together? The ODIHR’s Law Enforcement Officer Training Program for Combating Hate Crimes; The role of Parliaments in Combating Anti-Semitism; The Anti-Semitism/terrorism Nexus, Hate sites on the Internet; and Discrimination, Hate crimes and Intolerance on the grounds of homophobia. The Conference was preceded by a one-day NGO Forum hosted by the Three Cultures Foundation on June 7, 2005 in Seville. The opening session included presentations by Professors Gert Weisskirchen and Anastasia Crickley and Ambassador Omur Orhun, who are the three Personal Representatives of the outgoing OSCE Chair-in-Office, Slovene Foreign Minister Dimitrij Rupel. There was also a video presentation by U.S. Helsinki Commission Chairman Senator Sam Brownback [available here]. The Córdoba Conference was the product of intense negotiations following last year’s Berlin Conference and the adoption of a number of specific commitments by OSCE countries aimed at stemming the tide of anti-Semitism and related violence. Numerous participating States had actively resisted the convening of a meeting exclusively focused on anti-Semitism and instead argued in favor of a “holistic” approach to tolerance issues. As OSCE Chair-in-Office (CiO) Dimitrij Rupel put it, “I also hope that Córdoba, and after Córdoba, a truly holistic approach to combat all forms of discrimination and intolerance will prevail, as this is the most effective way to address this issue.” While supporting a broader approach, others, including the U.S. Helsinki Commissioners, voiced concern that the focus on anti-Semitism as a unique form of intolerance not be lost, especially given the dimensions of the Holocaust and European history. Most participating States used the Córdoba Conference to reiterate their commitment to combating anti-Semitism and other forms of intolerance. Disappointingly few, however, cited concrete steps they are undertaking to implement existing OSCE commitments. One of the few exceptions was the Solicitor General of the United Kingdom, who reported on the evolution of anti-hate legislation in his country and a new law being considered by Parliament to address anti-religious bigotry. The Italian and Polish delegations also noted some tangible progress. CiO Rupel reported on initiatives undertaken by the OSCE to improve implementation of commitments made in Berlin. He also warned that “we must be vigilant against discrimination and show no tolerance for intolerance,” a theme repeated by numerous subsequent speakers. U.S. Helsinki Commissioner Alcee L. Hastings addressed the Córdoba Conference in his capacity as President of the OSCE Parliamentary Assembly. Hastings reminded participants of the role of parliamentarians, including members of the Helsinki Commission, in ensuring that the issue of anti-Semitism and related violence were given priority in the OSCE framework. The most tangible results to come out of the Córdoba Conference was the Córdoba Declaration, as well as reports presented by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on “Combating Hate Crimes in the OSCE Region” and “Education on the Holocaust and on Anti-Semitism.” The declaration recognized that some forms of intolerance need proper definition, and reiterated the Berlin Declaration’s acknowledgement that “international developments or political issues, including in Israel or elsewhere in the Middle East, never justify anti-Semitism.” According to the ODIHR reports, 13 participating States have not provided any information on statistics, legislation and national initiatives relating to hate crimes. Of the 42 participating States that have responded, only 29 countries have provided information and statistics on hate crimes and violent manifestations of racism, xenophobia, anti-Semitism, and intolerance. The quality of information varied widely – one country’s statistical submission consisted of a single sentence. Beyond implementation issues and concerns, three outstanding questions remain to be resolved: Will the OSCE maintain a distinct focus on anti-Semitism or will the issue be folded into a more generic tolerance rubric? Will the current mandates for the three personal representatives be extended? What form will future follow-up, including the possible location of future conferences, on tolerance-related matters take? There is also some concern that the Personal Representatives of the Chair-in-Office have been hampered in undertaking their tasks, and have been hamstrung by limitations that have been imposed on their activities. It is also unclear whether the newly incoming Chair-in-Office will reappoint the three representatives or, if so, if he will maintain their distinct portfolios. Discussions in Córdoba did little to narrow differences on these points. The United States has been among the few stalwarts committed to sustaining a particular focus on anti-Semitism. At the same time, a growing number of countries prefer a “holistic” approach, where distinct issues are discussed under a generic theme. Governor Pataki in closing remarks stressed the need to move beyond words: “We have all given our speeches in the best prose we can muster, but there is more to combating anti-Semitism and intolerance than mere speeches.” He urged that future follow-up focus on implementation; endorsed the reappointment of the three Personal Representatives under their existing titles; called for preserving a distinct focus on anti-Semitism; supported continuing efforts to combat intolerance and discrimination against Muslims, Christians, and other faiths; and urged further institutionalization of tolerance and non-discrimination work. Pataki concluded, “We can talk, we can coordinate through the OSCE, but the primary responsibility ultimately rests with the participating States.” U.S. DELEGATION Governor George E. Pataki, Head of U.S. Delegation Hon. Jennette Bradley, Treasurer, State of Ohio The Most Rev. Charles J. Chaput, Archbishop of Denver and Commissioner, U.S. Commission on International Religious Freedom Sander Ross Gerber, Chairman and CEO of the XTF Group and President of the Gerber Capital Management Group Rabbi Marvin Hier, dean and founder, Simon Wiesenthal Center Kamal Nawash, founder, Free Muslims Coalition Rabbi David Zwiebel, Executive Vice President for Government and Public Affairs, Agudath Israel of America
-
hearing
The Future of Human Rights in Kosovo
Thursday, May 26, 2005This hearing, held by Sen. Sam Brownback and Rep. Chris Smith , stressed, among other things, that there was still a lot of work to be achieved regarding human rights in Kosovo, such as security and property issues. In particular, Brownback and Smith focused on the international community, including countries in the OSCE region. This hearing was held with increased diplomatic activity that may have led to consideration of Kosovo’s status in 2005 in mind. Witnesses to this hearing included Soren Jessen-Petersen, Special Representative of the UN Secretary General and Head of the UN Mission in Kosovo, and Charles L. English, Director of the Office of South Central European Affairs at the U.S. Department of State.
-
briefing
Unrest in Uzbekistan: Crisis and Prospects
Thursday, May 19, 2005This briefing, held in the wake of protests in the town of Andijon in eastern Uzbekistan that were violently put down by Uzbek troops on May 13, examined the crisis in Uzbekistan and U.S. policy options toward the regime of President Islam Karimov. The Uzbek regime has long been listed as an abuser of human rights. Among those participating in the briefing were: H.E. Samuel Zbogar, Ambassador of Slovenia and representative of the OSCE Chairman-in-Office; Dr. Abdurahim Polat, Chairman of the Uzbek opposition Birlik Party; Mr. Michael Cromartie, Commissioner of the U.S. Commission on International Religious Freedom; Dr. Martha Brill Olcott, Senior Associate at the Carnegie Endowment for International Peace; and Mr. Daniel Kimmage, Central Asia Analyst for Radio free Europe/Radio Liberty. The participants called for Uzbekistan to strive to resolve this situation peacefully, and continue to meet its commitments as a participating State in the OSCE.
-
publication
Report on Slovakia's Religion Law
Friday, April 29, 2005Since the ouster of the Meciar regime in 1998, Slovakia has made a remarkable transition to democracy. Once described as “the black hole of Europe,” Slovakia officially became a member of NATO on March 29, 2004 and joined the European Union on May 1, 2004. Most recently, Bratislava hosted the joint summit held by U.S. President George W. Bush and Russian President Vladimir Putin. Moreover, Slovakia has become a voice for fundamental freedoms in its own right. At the same time, the United States has continued to raise a number of longstanding concerns with Slovakia. The most serious human rights problems in Slovakia are those experienced by members of the Romani minority, who face profound discrimination in most walks of life as well as racially motivated violence. The Slovak law concerning religion is also problematic, as it contains the most demanding registration scheme in the entire OSCE region. Due to the discriminatory nature of the current legal structure, new religious communities or groups unable to meet the burdensome numerical requirements are denied rights and privileges afforded to recognized religious groups. At the 2003 OSCE Maastricht Ministerial Council, Slovakia and all other participating States pledged to “ensure and facilitate” the free practice of religion or belief “alone or in community with others . . . through transparent and non-discriminatory laws, regulations, practices and policies.” In light of this and other OSCE commitments, it is hoped Slovakia will amend the registration system and eliminate the numerical threshold.
-
hearing
Unregistered Religious Groups in Russia
Thursday, April 14, 2005This hearing focused the disfranchisement of religious minorities Russia. In several cases, authorities unfairly targeted religious groups with excessive force and threatened their right to worship. The hearing examined these cases and what the OSCE and U.S. have done in response. The witness John V. Hanford, III, Ambassador-at-Large for International Religious Freedom, gave testimony about specific measures the State Department has in place in Moscow for addressing this issue and what the administration of President Bush has done to respond directly to these violations.
-
briefing
Religious Freedom in Turkey
Tuesday, April 12, 2005Helsinki Commission Staff Advisor, Elizabeth Pryor, presented an opportunity for discussion on the situation faced by Muslims, Protestants, members of the Armenian Orthodox Church, and the Jewish community in the Republic of Turkey. Numerous injustices that occurred in spite of significant steps taken by the government to improve conditions for the enjoyment of religious liberty were addressed. Witnesses testifying at the hearing – including Marve Kavakci, Former Member of the Turkish Grand National Assembly; Rev. Fr. Vertanes Kalayjian, Pastor of St. Mary Armenian Apostolic Church and Representative of the Eastern Diocese of the Armenian Apostolic Church of America; Van Krikorian, Founding Member of the Turkish-Armenian Reconciliation Commission; Jeff King, President of the International Christian Concern; and Barry Jacobs, Director of Strategic Studies for the Office of Government and International Affairs American Jewish Committee – presented testimonies regarding personal experiences with religious injustice in an effort to encourage Congress to urge Turkish officials to adhere to principles of religious freedoms.
Title
Smith Leads Mission to Genocide Survivors in Iraq
ERBIL, Iraq—Just days before Christmas, a leading human rights lawmaker, Rep. Chris Smith (NJ-04), went to Iraq to witness first-hand the plight of Christians who escaped ISIS into the Erbil area of the Kurdistan region and the failure of the Obama Administration to help them.
After meeting with Christian families and leaders, and officials from the U.S., other OSCE participating States, and the United Nations, Smith said he returns to Washington to lead Congressional efforts to target more humanitarian aid to Christians and other religious minorities who have survived genocide. Smith also visited a camp for 6,000 internally displaced people, managed and supported by the Chaldean Catholic Archdiocese of Erbil.
“This Christmas season, the survival of Christians in Iraq, where they have lived for almost 2,000 years, is at stake,” said Smith, who chairs both the Commission on Security and Cooperation in Europe and the House panel on global human rights and international organizations. “Today I met with Christian families who survived the ISIS genocide and have been ignored for two years by the Obama Administration. I hope that President-Elect Trump will act urgently to make sure his Administration helps these Christians with the funds Congress has approved for survivors of ISIS atrocities.”
The Syriac Orthodox Archbishop of Mosul, Nicodemus Daoud Sharaf, who had to flee ISIS and seek refuge in Erbil, told Smith, “So often concern for Christians is minimized. I am so happy, because you are the first American who has come to just ask about the Christians. We pray that President Trump will help us. We are the last people to speak the Aramaic language. Without help, we are finished.”
“I also saw how the Obama Administration has shortchanged organizations conducting criminal investigations and collecting, preserving, and preparing evidence usable in criminal trials. Perpetrators will dodge punishment unless there is specific evidence linking them to specific atrocity crimes. My Iraq and Syria Genocide Relief and Accountability Act legislation is a blueprint for how to assist Christians and other genocide survivors and hold perpetrators accountable. I will be working tirelessly to get this bill on the new President’s desk when we reconvene in January,” added Smith.
Responding to reports that the UN Office on the Prevention of Genocide is considering excluding Christians from its findings of ISIS genocide victims and recommendations for prosecution, Smith said, “Even the Obama Administration determined that ISIS has been committing genocide against Christians. It would be outrageous if the UN ignored the overwhelming evidence and turned its back on these people who have suffered so much.”
Background
In 2002, there were as many as 1.4 million Christians in Iraq. After years of sectarian conflict, followed by the ISIS genocide that began in 2014, they have dropped to less than 250,000. Most of the Christians who survived ISIS fled to the Erbil area, which now hosts more than 70,000 internally displaced Christians, almost a third of all Christians in Iraq. Iraqis have been eight percent of the refugees and migrants who arrived by sea in the OSCE region in 2016.
The Chaldean Catholic Archdiocese of Erbil has provided most of the assistance to these displaced Christians – and has also assisted Yezidis and Muslims – including food, shelter, medical care, trauma care, and preparations for the impending winter. Smith was invited to Erbil by Archbishop Bashar Warda, head of the Archdiocese. During their meeting, Archbishop Warda emphasized that unless the ancient Christian communities of Iraq received significant financial support very soon, they may not survive.
At a September hearing of the Commission on Security and Cooperation in Europe, chaired by Smith and titled Atrocities in Iraq and Syria: Relief for Survivors and Accountability for Perpetrators, Steve Rasche, Legal Counsel and Director of IDP Resettlement Programs for the Archdiocese, testified and said, “Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any US aid agencies or the UN.”
He added, “There’s a mistaken belief that it doesn’t get cold in Iraq. It snows in Erbil in the wintertime. Even the people that we’ve put in shelters, it gets incredibly cold for them at night, and so there are additional costs for heating oil and blankets. That is a concern for us. Our costs will go up.”
Since 2013, Smith has chaired nine congressional hearings on atrocities in Iraq and Syria, including one titled The ISIS Genocide Declaration: What Next? and another titled Fulfilling the Humanitarian Imperative: Assisting Victims of ISIS Violence. He is also the author of the bipartisan Iraq and Syria Genocide Relief and Accountability Act (H.R. 5961), co-sponsored by Rep. Anna Eshoo (CA-18), which includes key provisions directing the U.S. Administration to:
- Support entities that are effectively serving genocide survivors in-country, including faith-based entities;
- Assess and address the humanitarian vulnerabilities, needs, and triggers that might force survivors to flee their homes;
- Identify warning signs of deadly violence against genocide survivors and other vulnerable religious and ethnic communities in Iraq or Syria;
- Support entities that are conducting criminal investigation into perpetrators of genocide, crimes against humanity and war crimes in Iraq and Syria;
- Close gaps in U.S. law so that the American justice system can prosecute foreign perpetrators present in the U.S., as well as any Americans who commit such crimes;
- Encourage foreign countries to add identifying information about suspected perpetrators of such atrocity crimes in their security databases and security screening;
- Create a “Priority Two” (“P-2”) designation for persecuted religious and ethnic groups in Iraq or Syria.
This legislation is supported by many groups including the Knights of Columbus, 21st Century Wilberforce Initiative, In Defense of Christians, Yazidi Human Rights Organization International, Commission for International Justice and Accountability, Center for Religious Freedom at the Hudson Institute, Religious Freedom Institute, Simon Wiesenthal Center, Open Doors, and others.
The bill has also been endorsed by all of the former U.S. Ambassadors-at-Large for War Crimes: David Scheffer (1997-2001), Pierre-Richard Prosper (2001-2005), Clint Williamson (2006-2009), and Stephen Rapp (2009-2015).
Smith also authored the bipartisan H. Con. Res 121, which the House passed overwhelmingly and calls for the formation of an ad hoc tribunal for perpetrators of crimes against humanity and war crimes in the Syrian conflict.
Just last week, the President signed into law the bipartisan, historic Frank Wolf International Religious Freedom Act (H.R. 1150), which Smith authored and Eshoo co-sponsored. This law makes sweeping changes that will help ensure that the U.S. Administration and the State Department have the tools, training, and resources to anticipate, help prevent, and respond to genocide and other persecution against religious communities like Christians in Iraq and elsewhere.
Smith continues to encourage leaders in other OSCE countries to provide more humanitarian assistance to Christian genocide survivors and support criminal investigations into and prosecutions of perpetrators.