Human Rights in Czechoslovakia: The Documents of Charter '77, 1977-1982Thursday, July 01, 1982
The documents in this publication reflect the efforts of Czechoslovak citizens to express their opinions on issues of importance to them and on rights guaranteed to them under Czechoslovak law, the Helsinki Final Act, and other international agreements. In Principle VII of the Helsinki Final Act, the participating States confirmed the "right of the individual to know and act upon his rights." They also agreed to "promote and encourage the effective exercise of civil, political, economic, social, cultural and other rights and freedoms all of which derive from the inherent dignity of the human person..." The signatories further pledged to "recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience." Sadly, these noble words ring hollow in Czechoslovakia, one of the 35 signatories to the Helsinki Final Act. In an effort to improve their country's adherence to the principles and spirit of the Helsinki document during the last five years -- over 1,000 czechoslovak citizens -- workers, scholars, clergymen, professionais, students, government employees, scientists and others -- have affixed their names to the manifesto of human rights known as Charter 77. Many have also worked actively with VONS -- the Committee for the Defense of the Unjustly Persecuted -- to report and document violations of basic human freedoms. While in most signatory countries these efforts on behalf of human rights would be applauded and rewarded, in Czechoslovakia both signers of Charter 77 and members of VONS have fallen victim to unrelenting government repression. Charter 77 clearly emphasizes that its aim is not to change the existing sociai system, but simply to demonstrate the need for "observance of laws" -- both domestic and international -- by the Czechoslovak authorities. As an example of this committment to international law and other agreements, Charter 77 called upon the Czechosiovak delegation to the Madrid Meeting of the Conference on Security and Cooperation in Europe to honor its word and implement all the provisions of the helsinki Final Act, including Principle ViI. The constant surveillance, house searches, detentions, arrests, beatings and terms of imprisonment to which these courageous men and women are subjected are difficult to reconcile with the statements attesting to full implementation presented by the Czechoslovak delegations to both the Belgrade and Madrid review meetings.
The Helsinki Forum and East-West Scientific ExchangeThursday, January 31, 1980
The Committee on Science and Technology as well as the Committee on Foreign Affairs and the Commission on Security and Cooperation in Europe sponsored the hearing to examine free and open scientific exchange among the OSCE member states. Amidst the Soviet invasion of Afghanistan, Andrei Tverdokhlebov, physicist and human rights activist, gave testimony about the restrictive state of freedom of association in the U.S.S.R., its effects on the scientific community, and attempts by the Soviet Government to silence Andrei Sakharov. The witnesses and the Commissioners discussed possible non-essential travel bans on future scientific exchanges and other joint international scientific efforts.
Implementation of The Helsinki Accords Vol. XI – Religious Persecution In U.S.S.R. & HR Violations in UkraineThursday, June 07, 1979
The first part of this hearing, led by Commissioner Dante B. Fascell, focused largely on the imprisonment of Russian Pastor Georgi Vins, who had spent eight of the last thirteen years in prison simply due to his occupation. Repression of this Baptist minister exemplified such repression of other Baptist clergymen by the U.S.S.R., whose denomination in the country dated back to the early 1900s. However, in 1965, the Soviet Baptist movement split into the recognized and legitimated all-union Council of Evangelical Christians, and the dissident reform Baptists, making the latter the first Soviet dissident human rights group. The second portion of the hearing discussed Ukrainian political retribution and dissidents, exemplified by the cases of witnesses who had all been political prisoners in the Eastern European country.
Implementation of The Helsinki Accords Vol. X – Aleksandr Ginzburg On The Human Rights Situation In The U.S.S.R.Friday, May 11, 1979
CSCE Chairman Dante Fascell presided over this hearing on the human rights situation in the USSR. Aleksandr Ginzburg,a Russian human rights activist who had finally been released from the Gulag Archipelago and subsequently returned to his family, testified. The hearing also focused on the repression and imprisonment of members of the Moscow Helsinki Monitoring Group, a Russian human rights advocacy organization whose work focused on pressure in support of the Helsinki Final Act. The hearing gave Ginzburg a platform to candidly discuss the as human rights abuses taking place in the USSR.
Soviet Law and the Helsinki MonitorsTuesday, June 06, 1978
Between February 3, 1977 and June 1, 1978, twenty Soviet citizens active in the defense of human rights in five different Republics were arrested and imprisoned; two others, traveling abroad on Soviet passports, were stripped of their citizenship and denied the right to return to the USSR. All are members of the Public Groups to Promote Observance of the Helsinki Agreement in the USSR (the Soviet Helsinki Watch) or, in the case of two men, of its subsidiary Working Commission to Investigate the Abuse of Psychiatry for Political Purposes. The twenty-one men and one woman are being punished under a variety of different criminal charges. Their "crime," however, is identical: political dissent, expressed in the non-violent, open effort to spur Soviet authorities to implement the human rights and humanitarian undertakings of the August 1975 Final Act of the Conference on Security and Cooperation in Europe (the Helsinki Accord.) The following study by the staff of the U. S. Commission on . Security and Cooperation in Europe examines the workings of Soviet law and criminal procedure as applied in these cases of political dissent. It discusses the guarantees of Soviet law, including international covenants ratified by the USSR, against arbitrary arrest and unfair trial and compares those to the practices used against the Helsinki Watchers. From the study it is evident that those guarantees -- both substantive and procedural -- have been repeatedly violated in the persecution and prosecution of the twenty-two human rights activists. The violations uncovered range from improper conduct of pre-arrest house searches through illegally prolonged pre-trial detention to unlawful denial of the rights of the defense at the trial. This pattern of official conduct toward free, but dissenting political expression is not new in the Soviet Union. In the treatment of the Soviet Helsinki Watch, however, it has been systematic and can be termed, without question, a gross and intentional violation of both the pledges in the Final Act and the safeguards promised by the Soviet Constitution, Criminal Codes and Codes of Criminal Procedure.
Implementation of the Helsinki Accords Vol.I - Human Rights & ContactsWednesday, February 23, 1977
Hon. Dante Fascell, Chairman of the Commission on Security and Cooperation in Europe, presided over this hearing on the implementation of the Helsinki Accords. This hearing focused on the Commisison's consideration of the provisions of the 1975 Helsinki Accords dealing with respect for human rights and fundamental freedoms and with freer movement of people and information. The purpose was to define what the Commission knew of implementation of the accords and of their violations, to explore proposals for advancing compliance, and to seek advice on the role the accords played bettering East-West relations. Hon. Fascell was joined by Leonard Garment, former U.S. Representative to the United Nations Commission on Human Rights, and Vladimir Bukovsky, former Soviet political prisoner.
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.”
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.