By Orest Deychakiwsky Staff Advisor United States Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Commission Member Rep. Benjamin L. Cardin (D-MD) met with Ukrainian officials, non-governmental organizations, and religious leaders in Kyiv, Ukraine on February 26-27, 2005. The delegation also laid wreaths at the Memorial to the Victims of the 1932-33 Terror-Famine and at the Babyn (Babi) Yar memorial. The Commissioners had substantive and far-reaching meetings with Ukraine’s State Secretary Oleksandr Zinchenko, Foreign Minister Boris Tarasyuk, Justice Minister Roman Zvarych, Minister of Transportation and Communications Yevhen Chervonenko, and Chairman of the parliament’s Committee on Organized Crime and Corruption Volodymyr Stretovych. The meetings covered many topics, including the lifting of the Jackson-Vanik amendment and granting normal trade relations (NTR) status as well as facilitating Ukraine’s entry into the World Trade Organization (WTO). Commissioners Smith and Cardin were impressed with the political will and determination of Ukraine’s Government officials as well as the non-governmental organizations to work for positive change in Ukraine. As an original cosponsor, Co-Chairman Smith noted the recent introduction of a bill by House International Relations Committee Chairman Rep. Henry J. Hyde (R-IL), which would grant Ukraine NTR. Commissioner Cardin affirmed his support for NTR and Ukraine’s joining WTO, noting that it was critical for Ukraine to conclude intellectual property rights talks with the United States. Discussions also centered on human trafficking, corruption, the rule of law and human rights issues such as torture, the Gongadze case, sustaining media freedoms, and on how the United States can best assist Ukraine during this time of historic transition. State Secretary Zinchenko expressed pleasure at the current state of U.S.-Ukrainian bilateral relations, observing that both sides now have trust in each other. He outlined President Viktor Yushchenko’s priorities, including combating corruption, extending a hand to business, protecting private property, promoting respect for the rule of law – especially in government entities such as the Interior Ministry, tax police and the security services – as well as promoting the further development of civil society. Secretary Zinchenko also emphasized the importance of U.S. investment in Ukraine. The Commissioners and Ukrainian officials also discussed in detail HIV/AIDS in Ukraine, which Zinchenko described as very acute and far-reaching, and the proposed new Chornobyl shelter that will cover the crumbling old sarcophagus. Minister of Justice Roman Zvarych outlined the Justice Ministry’s priorities to encourage and ensure the rule of law. Securing human rights and liberties would include such measures as getting the police to pay attention to procedural norms and urging parliament to adopt necessary civil and administrative procedural code changes. With respect to combating corruption, Zvarych hopes to soon unveil a comprehensive “Clean Hands” program, including a code of ethics. Cleaning up the court system is another priority, and the Justice Ministry has plans to take a variety of steps against judges engaged in corrupt practices. The delegation and Zvarych discussed the issues of human trafficking, torture of detainees, the Gongadze case, restitution of religious property and national minority issues. Chairman Volodymyr Stretovych and representatives of the International Organization for Migration (IOM) gave a comprehensive briefing on the problem of human trafficking in Ukraine, what steps are being taken by the government and NGOs to combat this scourge and plans on further addressing this important issue. A key concern was improving law enforcement cooperation between Ukraine (as a country of origin for victims of trafficking) and countries of destination. U.S. Embassy Deputy Chief of Mission Sheila Gwaltney hosted a meeting with U.S. Embassy, U.S. Agency for International Development, and FBI officials during which U.S. efforts to assist the new Ukrainian Government in promoting the rule of law and combating human trafficking were discussed. The delegation also visited an IOM-sponsored medical rehabilitation center for trafficking victims. Human trafficking, as well as religious rights issues, were also discussed in a meeting with Papal Nuncio Archbishop Ivan Jurkovich. Ambassador John Herbst organized and hosted a discussion with NGO representatives from Freedom House, Institute for Mass Information, the Chernihiv-based organization Dobrochyn and the Ukrainian Helsinki Human Rights Union. Mykhaylo Horyn, former Soviet political prisoner and head of the pro-independence movement Rukh in the early 1990s, also participated in the meeting. The delegation met with Jewish representatives, including the new Minister of Transportation and Communications Yevhen Chervonenko who is also Vice-President of the Eurasian Jewish Congress. They discussed matters pertaining to Ukraine’s Jewish community, assessing them positively. Foreign Minister Tarasyuk expressed gratitude to the Helsinki Commission for its active work in support of democracy in Ukraine and stated that the clear position of Congress and the U.S. Government, including support for a strong contingent of international election observers during the recent elections, effectively helped Ukrainian democracy. In raising Jackson-Vanik graduation, market economy status, and the WTO, Minister Tarasyuk cited strong readiness and willingness on the part of the Ukrainian Government to remove obstacles on their part, including a promise to submit in the Rada shortly a draft law on intellectual property rights. Minister Tarasyuk and the Commissioners also discussed the vital importance of ongoing OSCE election observation, Ukrainian-Russian relations, and Ukraine’s strengthened role in resolving the long-festering Moldova-Trandniestria conflict. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

On September 21, 2004, the Commission on Security and Cooperation in Europe (Helsinki Commission) and the House Armed Services Committee (HASC) held a joint Issue Forum entitled “Enforcing U.S. Policies Against Trafficking in Persons: How is the U.S. Military Doing?” The Issue Forum examined the Department of Defense’s (DoD) implementation of a zero-tolerance policy toward human trafficking, the role of uniformed Service members and contractors in facilitating trafficking, as well as leadership and readiness issues. The Forum was co-chaired by Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Armed Services Committee Chairman Rep. Duncan Hunter (R-CA). Helsinki Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) and Commissioners Senator Hillary Rodham Clinton (D-NY) and Rep. Mike McIntyre (D-NC) attended the forum, as well as several members of the Armed Services Committee. Briefing on behalf of the Administration were Charles S. Abell, Principal Deputy Under Secretary of Defense for Personnel and Readiness; General Leon J. LaPorte, Commander of United States Forces Korea; Joseph E. Schmitz, Inspector General for the Department of Defense; and Ambassador John R. Miller, Director of the Office to Monitor and Combat Trafficking in Persons at the U.S. Department of State. A panel of non-governmental witnesses consisted of Dr. Sarah Mendelson, a Senior Fellow in the Russia and Eurasia Program at the Center for Strategic and International Studies; and Martina E. Vandenberg, an attorney with Jenner and Block and a former researcher for Human Rights Watch. Congressional attention to the military’s role in addressing trafficking ignited in March 2002 when Cleveland, Ohio Fox News affiliate WJW-TV aired a report showing U.S. troops in South Korea patronizing bars and other establishments where women from the Philippines and former Soviet states were forced to prostitute themselves. Members of Congress called for the Pentagon to investigate the veracity of the allegations as well as the appropriateness of the U.S. military's policies and response to prostitution and human trafficking worldwide. DoD Inspector General Joseph E. Schmitz subsequently conducted inspections in South Korea, Bosnia and Herzegovina, and Kosovo and issued two reports, in July 2003 and December 2003, respectively, which identified institutional weaknesses in the U.S. military’s understanding and response to the crime of human trafficking and made concrete recommendations for action. In his opening remarks, Chairman Smith noted that while the coexistence of prostitution alongside large populations of military forces is neither a new problem, nor a uniquely American problem, in recent years numerous sources have documented that in certain locations, such as South Korea and Southeastern Europe, women and girls are being forced into prostitution for a clientele consisting largely of military service members, government contractors, and international peacekeepers. According to Smith, “the need for a strategy to prevent the emergence of prostitution and human trafficking in post-conflict areas is made abundantly clear by the experiences in Bosnia-Herzegovina and Kosovo, [where] prostitution and human trafficking were allowed to develop and thrive due to the arrival of large numbers of multi-national personnel involved in post-conflict reconstruction and peacekeeping.” In both places, peacekeepers involved with trafficking have faced mere repatriation as a sanction for their unlawful actions. “We need to close the legal loopholes that allow this to happen,” said Smith. The Department of Defense’s obligation to address human trafficking originated with the issuance of a National Security Presidential Directive (NSPD-22) by President George W. Bush in December 2002. NSPD-22 established a zero-tolerance policy on involvement in trafficking activities by U.S. Government employees and contractor personnel representing the United States abroad. In January 2004, Deputy Secretary of Defense Paul Wolfowitz issued an internal memorandum which stated, in pertinent part: [I]t is the policy of the Department of Defense that trafficking in persons will not be facilitated in any way by the activities of our Service members, civilian employees, indirect hires, or DoD contract personnel. Following the policy set by the Commander-in-Chief, DoD opposes prostitution and any related activities that may contribute to the phenomenon of trafficking in persons as inherently harmful and dehumanizing. The policy statement outlined objectives of DoD efforts to combat trafficking in persons, including (1) educating Service members and DoD civilians serving overseas about human trafficking; (2) increasing efforts by command and military police authorities worldwide to pursue indicators of trafficking in persons in commercial establishments patronized by DoD personnel; (3) incorporating clauses in overseas service contracts that prohibit contractor employees from supporting or promoting trafficking in persons; and (4) developing a method for evaluating DoD’s efforts to combat trafficking in persons. On September 16, 2004, Secretary of Defense Donald Rumsfeld issued additional guidance to military leaders indicating that he expects the problem of trafficking—both sex and labor trafficking—to be addressed. Rumsfeld’s memorandum placed greater emphasis on the problem of labor trafficking than had the earlier memorandum from Deputy Secretary Wolfowitz. In particular, Rumsfeld indicated that “Commanders need to be vigilant to the terms and conditions of employment for individuals employed by DoD contractors. . . . Trafficking includes involuntary servitude and bondage. These trafficking practices will not be tolerated in DoD contractor organizations or their subcontractors in supporting DoD operations.” Ambassador John R. Miller, Director of the State Department’s Office to Monitor and Combat Trafficking in Persons, opened the testimony at the Issue Forum by describing trafficking, inter alia, as a national security challenge which “relates to the task facing our military because they are trying to create secure, stable situations in several countries.” Miller explained that the demand for sex trafficking “is created by the so-called customers” and stated that “historically, when you have national forces going from one country to another this leads to increased prostitution and increased trafficking in the number of slave victims.” Miller emphasized the need to educate people who might patronize prostitutes that, according to research, “most of the people they are ‘patronizing’ are likely to be victims of trafficking: raped, assaulted, abused, waiting to escape.” Coordinating DoD’s anti-trafficking initiatives is currently the responsibility of Charles Abell. At the Forum, Abell described DoD’s zero-tolerance policy as “a policy of command responsibility to recognize, prevent, and to assist local law enforcement when it comes to trafficking in persons in any way, shape or form.” According to Abell, DoD’s anti-trafficking training program for Service members, DoD civilian personnel and contractors would be put into operation by November 1, 2004. An online version will be available by January 2005. Commissioner Cardin asked for clarification of the meaning of the “zero-tolerance” policy, given that U.S. troops are often stationed in countries with legalized prostitution. He also expressed skepticism that troops could distinguish between prostitution and trafficking. Mr. Abell responded that the zero-tolerance policy included prostitution and trafficking, and that those caught patronizing prostitution or otherwise supporting sex or labor trafficking would be held accountable. He noted that an amendment to the Uniform Code of Military Justice (UCMJ) has been proposed that would clarify the legal basis upon which a Service member can be prosecuted, under the UCMJ, for patronizing a prostitute. The proposed amendment was placed in the Federal Register on September 15, 2004. DoD Inspector General Schmitz’ testimony did not focus on the details of his human trafficking assessment reports in South Korea and Southeastern Europe. Rather he noted the tools available for combating trafficking within the DoD and the lessons learned in the course of his assessments. Among those lessons, according to Schmitz, is that “among the root causes of the recent resurgence of human trafficking, aside from the obvious profit motive of organized criminals is a general reluctance of leaders at all levels to promulgate and to enforce principle-based standards for subordinates who create the demand for prostitution, generally, and for sex slavery, specifically.” General Leon J. LaPorte, Commander of United States Forces Korea (USFK), testified that subsequent to the Fox News affiliate’s report and the Inspector General’s investigations, United States Forces Korea had adopted a “zero tolerance” approach to human trafficking which applies to the approximately 33,000 Soldiers, Sailors, Airmen, Marines and 5,000 Department of Defense civilians and contract employees currently serving in South Korea. The South Korean Government estimates that the commercial sex industry in South Korea is worth $22 billion per year and involves an estimated 330,000 women—10,000 of whom are foreigners. General LaPorte described an anti-trafficking strategy of “awareness, identification, reduction, along with continued interaction with the Korean Government and law enforcement agencies.” DoD personnel are briefed about the crime of human trafficking and the zero-tolerance policy upon arriving in South Korea and during subsequent leadership schools and training events. Armed forces radio and television stations in Korea also air public service announcements to inform U.S. personnel about USFK’s anti-trafficking policies. Since January 2003, more than 400 Service members in Korea have been prosecuted or otherwise disciplined for solicitation and related offenses such as curfew violations and trespassing in posted off-limits areas. USFK’s other initiatives include a 24-hour hotline operating in tandem with the Korean national police hotline and a women’s crisis center to receive reports of suspected prostitution or human trafficking activities. Other efforts include a renewed focus on providing alternatives to off-post entertainment areas near U.S. military facilities, such as high-speed Internet and cable access to military barracks and a volunteer program within the local community. LaPorte explained an improved process for identifying establishments that are suspected of complacency in prostitution and human trafficking, and their subsequently being declared off limits to U.S. personnel. More than 600 bars, restaurants and clubs have been placed off limits. Offending business owners are subject to specific and extensive corrective actions in order to regain patronage of USFK personnel or their family members. Significantly, LaPorte testified that the uniformed personnel who patrol nightly in the districts associated with U.S. military facilities in Korea have been trained to identify indicators of prostitution and trafficking and are now directed to report suspicious activities. Such training was initiated in response to the 2002 WJW-TV report which captured on video uniformed soldiers on “courtesy patrols” who spoke nonchalantly of foreign women forced to work or prostitute themselves in local establishments. The soldiers advised the undercover reporter on negotiating for sex in such establishments and gave no indication that they felt obliged to report the presence or activities of these women to their chain of command. Opening the second panel, Dr. Sarah Mendelson acknowledged that adoption of an anti-trafficking policy for DoD is potentially an important step in addressing the involvement of uniformed Service members and civilian contractors with trafficking. Her testimony, however, focused on potential difficulties implementing this policy based on the findings of her research on the trafficking of women and girls to the Balkans and the role of international peacekeepers. A research report by Mendelson will be published in early 2005. According to Dr. Mendelson, “many uniformed Service members, civilian contractors, as well as civil servants, tend to deny the links between trafficking and peacekeeping deployments, fail to understand the security implications of human rights abuse and support of organized crime, and tend to conflate trafficking with legalized prostitution.” Citing several specific examples, Mendelson indicated that the lack of awareness and misperceptions about trafficking are so widespread as to inhibit effective implementation of the zero-tolerance policy. Mendelson recommended that DoD allocate “significantly more resources, organization and leadership” in order to effectively change the pervasive attitudes and an organizational culture which fail to recognize trafficking in persons for sexual or labor exploitation as relevant to the military. She specifically recommended that DoD’s efforts to combat human trafficking be centralized in one office directed by a Deputy Assistant Secretary of Defense. She recommended further that Secretary Rumsfeld appoint a panel of external advisers to assist DoD in implementing its anti-trafficking policies and that DoD conduct a comprehensive awareness campaign on the issue of human trafficking. Ms. Vandenberg’s testimony drew on a report that she wrote for Human Rights Watch in 2002, entitled “Hopes Betrayed: Trafficking in Women and Girls to Post-Conflict Bosnia and Herzegovina for Forced Prostitution.” At that time there were eight documented cases of U.S. Government contractors implicated in human trafficking—four of whom were DoD contractors. Vandenberg suggested that there are likely more cases, but that because investigators have not been trained or instructed to investigate trafficking offenses, many instances have likely gone undocumented. Human Rights Watch did not find evidence of U.S. Service members involved in trafficking-related activities in Bosnia. Ms. Vandenberg noted numerous concerns with DoD’s implementation of NSPD-22, including that “there is still no contractor accountability . . . the Department of Defense has not yet incorporated a condition into existing contracts permitting termination of grants if the contractor engages in trafficking,” as required by the Trafficking Victims Protection Act of 2003. She also noted the absence of evaluation programs and benchmarks to measure adherence to the zero-tolerance policy. While praising the policy statements made by Secretary Rumsfeld and Deputy Secretary Wolfowitz regarding trafficking, Ms. Vandenberg concluded that “DoD’s actions at this point do not match this ambitious rhetoric.” 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.

By Erika Schlager CSCE Counsel on International Law On September 23, 2004, the United States Helsinki Commission held a briefing on “The Roma in Russia.”  Panelists included Dimitrina Petrova, Executive Director, European Roma Rights Center; Alexander Torokhov, Director, Roma Ural; and Leonid Raihman, a consultant for the Open Society Institute specializing in minority issues in the former Soviet Union. Elizabeth Pryor, Senior Advisor to the Helsinki Commission, moderated the briefing.  She noted the Commission’s long engagement regarding the human rights problems faced by Roma as well as the overall human rights situation in Russia.  Highlighting the need to examine the particular situation of Roma in Russia, she observed that since Roma “constitute a relatively small part of the Russian population, their plight is often overlooked.” Dr. Petrova noted that, for the 2002 Russian census, approximately 182,000 individuals identified themselves as Romani.  Unofficial estimates, however, suggest that the number of Roma in Russia is much higher; a figure often cited is 1.2 million.  She argued that the fate of Roma in Russia is emblematic of the racism, xenophobia, and discrimination faced by other ethnic minorities in Russia, particularly Jews and people from the Caucasus region. In a comprehensive statement, Dr. Petrova outlined nine key areas of concern:  historical and social discrimination against Roma; the legal and institutional context of anti-discrimination legislation; the current political and ideological climate in Russia; the abuse of Roma rights by state actors (primarily the police); the abuse of Roma rights by non-state actors; discrimination in the criminal justice system; the portrayal of Roma in the Russian media; the lack of personal documents; and access to housing and education.  The main focus of Dr. Petrova’s statement concerned abuse by both state and non-state actors.  The main impetus of anti-Roma abuse in Russia is related directly to the ideological “war on drugs.”  People of Roma descent are targeted through racial profiling and various media outlets as illegal drug dealers and are subject to frequent police raids.  The “war on drugs” has also become an excuse for police brutality and racial targeting in which police plant drugs on the Roma or in their homes and then arrest them for the possession of illegal substances. Dr. Petrova ended her statement with a call for the United States Government “to play a leadership role and use its economic and political weight to help improve the position of Roma in Russia and address the human rights problems of Roma in Russia as a matter of urgency and as a primary concern in combating racial discrimination.”  She asked human rights monitoring agencies both in the United States and in Europe to prioritize Roma rights in Russia and to draw the Russian Government’s attention to Roma issues that are currently not being addressed. Dr. Torkohov, representing the Ekaterinburg-based Roma Ural, presented his organization’s efforts to monitor media coverage of Roma, examine factors contributing to lower levels of education among Roma, and assist Romani Holocaust survivors obtain compensation through existing programs. Torkohov offered a number of recommendations to improve the current situation.  With respect to education, he suggested creating preschool programs for Roma children to improve literacy, working with both children and parents to understand the value of education, and facilitating cooperation between parents and schools.  Given the pronounced bigotry against Roma that characterizes portrayals of Roma in the broadcast and print media, he also suggested training journalists to improve their professional skills. Leonid Raihman focused on ill treatment of Roma by the police, access to justice, and problems associated with the lack of personal documents, including passports.  Endemic corruption among the poorly paid and poorly trained police in Russia has fostered an environment in which Roma are the routine victims of extortion by the police.  This extortion, in turn, contributes to the economic marginalization of Roma. Raihman also described the serious and complex problem of personal documents for the Roma.  He said the absence of personal documents, as well as the rigid nature of the personal documents system in Russia, represents an aspect of the problem.  However, he felt that ethnicity was the primary reason for problems in obtaining a passport.  “Administration officials,” he stated, “especially in housing and immigration departments abuse the discretionary decision-making power accorded to them by the passport system to discriminate against Roma and members of the vulnerable groups.” Mr. Raihman urged the U.S. Government to use its power “to persuade the Russian Government to place the human rights problems which the Roma face high on their agenda.”  He stated that it is time for the Russian Government, as well as the rest of the world, to acknowledge and deal with the problems faced by the Roma in Russia.   United States Helsinki Commission Intern Judy Abel contributed to this article.

By H. Knox Thames CSCE Counsel The second Organization for Security and Cooperation in Europe conference on Tolerance and the Fight against Racism, Xenophobia and Discrimination convened in Brussels, Belgium, September 13-14, 2004.  Along with the first conference held last fall in Vienna, the two meetings were part of broad efforts by OSCE participating States to address concerns about intolerance and anti-Semitism. Alphonso Jackson, Secretary of Housing and Urban Development, led the United States Delegation.  Other U.S. delegates included Dr. Maha Hadi Hussain, University of Michigan; Tamar Jacoby, Senior Fellow at the Manhattan Institute; William Cardinal Keeler, Archbishop of Baltimore; Larry Thompson, former U.S. Deputy Attorney General; Robert L. Woodson, President of the National Center for Neighborhood Enterprise; and Stephan M. Minikes, U.S. Ambassador to the OSCE. Conference participants included 47 OSCE participating States, five Mediterranean Partners for Cooperation, and many non-governmental organizations representing a range of interests.  His Royal Highness Prince Filip of Belgium, His Royal Highness Prince Hassan of Jordan, and His All Holiness Patriarch Bartholomew I addressed the opening session of the conference.  United States Helsinki Commission Member Rep. Alcee L. Hastings (D-FL) also spoke at the opening session in his capacity as President of the OSCE Parliamentary Assembly. The Brussels Conference consisted of four plenary sessions and four workshops.  Considering the broad themes of the conference, the plenary sessions focused on a variety of issues related to intolerance: governmental actions in law enforcement and promoting tolerance; efforts to combat discrimination against legal migrant workers; and efforts to promote tolerance through education and the media.  The workshop topics were equally diverse, addressing discriminatory government policies affecting religious freedoms, promotion of tolerance toward Muslims, and combating discrimination based on color. The Office of Democratic Institutions and Human Rights also reported on its strategy and activities relating to tolerance.        Members of the U.S. Delegation participated fully in all aspects of the conference, giving introductory statements at plenary sessions and actively engaging in discussions regarding various forms of discrimination. In the first session, “Legislative and Institutional Mechanisms and Governmental Action, including Law Enforcement,” U.S. Head of Delegation, Secretary Jackson noted that “abuses prompted by disregard for the principles of tolerance and non-discrimination occur in countries across the globe.  Some come in the form of individual acts of racism that harm only small numbers of people at a time.  Others come in the form of national policies that discriminate against certain segments of society.  All pose a challenge that all countries must confront directly in order to guarantee the freedom, democracy, and prosperity that we hold dear.” During the workshop entitled “Facilitating Freedom of Religion and Belief through Transparent and Non-Discriminatory Laws, Regulations, Policies and Procedures,” Cardinal Keeler stressed that participating States must “work to implement non-discriminatory laws, avoiding those that limit the ability of groups to operate equally. Registration systems should not create unfair tiered systems offering unique benefits and privileges to some and lesser legal status to others, or establish numerical thresholds almost impossible to meet.” Dr. Hussain’s contribution to the workshop on “Promotion of Tolerance and Non-Discrimination toward Muslims” addressed a number of issues, also singling out specific examples of governmental discrimination against Muslims.  “While the threat of terrorism is real and it can never be condoned, the negative attention stigmatizes communities and fosters xenophobia against minorities—be they Muslims, Arabs or others,” said Hussain.  “It also can result in violation of individual privacy and abuse of police powers.  It is hard to justify these actions, particularly in democratic states where human and minority rights are meant to be protected.” In the closing session, Secretary Jackson urged OSCE participating States and conference participants to combat all forms of discrimination, especially those based on skin color.  He spoke from his own experiences growing up in the southern United States in the 1960s during the  Civil Rights Movement.  Jackson noted how far the United States has traveled toward tolerance.  He observed, however, that work within the United States is not finished.  “That is why we gathered here this week to share our experiences and learn all we can from one another … to discuss the successes we have achieved in our respective countries … and to recommit ourselves to resolving the challenges that remain,” Secretary Jackson said.  “We know there is much work ahead of us, but as nations committed to promoting tolerance and diversity, we must focus the combined and concerted efforts of government, civil society, and individuals in the pursuit of positive change.”  The U.S. Delegation proposed 13 recommendations for consideration in future efforts to address issues of discrimination and intolerance, which included: Leaders of participating States should speak out and take resolute action against attacks and crimes directed at individuals based on race, color, religion, political or other opinion, sex, language, national or social origin, property, birth or other status. Participating States without anti-discrimination laws should enact such legislation at the earliest opportunity.  Those states with anti-discrimination laws should make strengthening such legislation a top priority.  All states may consult ODIHR on best practices. Participating States should reach out to minority communities and establish procedures for the reporting of possible bias-motivated crimes and violations of anti-discrimination laws.  Authorities should ensure the rapid and effective investigation and prosecution of such crimes. Participating States, OSCE Institutions, and NGOs should cooperate in developing training programs for law enforcement and justice officials on legislation relating to hate crimes and its enforcement. Participating States should affirmatively declare that institutionalized discrimination against religious communities is unacceptable and ensure that their legal systems foster equality, not subordination, of religious groups.  Registration laws, policies, and procedures should be non-discriminatory, neutral and transparent and should not use overly burdensome numerical or temporal thresholds. The OSCE should consider meetings on the promotion of tolerance and nondiscrimination toward Muslims. The conference concluded in similar fashion to the Berlin Conference on Anti-Semitism, with the reading of a declaration by OSCE Chair-in-Office, Bulgarian Foreign Minister Solomon Passy.  The “Brussels Declaration” condemned “without reserve all forms of racism, xenophobia and anti-Semitism and other acts of intolerance and discrimination, including against Muslims” and organizations and individuals that promote “hatred or acts of racism, xenophobia, discrimination, or related intolerance, including against Muslims, and anti-Semitism.”  In parallel to the Berlin Declaration, the Brussels Declaration also declared “unambiguously that international developments or political issues never justify racism, xenophobia or discrimination,” while also rejecting the “identification of terrorism and extremism with any religion, culture, ethnic group, nationality or race.”  Following the Berlin precedent, the Brussels Declaration incorporated a previously agreed Permanent Council decision setting forth actions participating States and ODIHR should undertake.  Reinforcing the PC decision for Berlin, participating States again agreed to “collect and maintain reliable information and statistics about hate crimes” and to forward that information to ODIHR periodically, and directed ODIHR to work with international organizations in this endeavor and to report their findings to the Permanent Council.  States decided to “take steps to combat acts of discrimination and violence” against Muslims, migrants and migrant workers, and to consider “undertaking activities to raise public awareness of the enriching contribution of migrants and migrant workers to society.”  In addition, governments committed to “consider establishing training programmes for law enforcement and judicial officials on legislation and enforcement of legislation relating to hate crimes.”  The Brussels Declaration and statements given at the conference are available at http://www.osce.org/events/conferences/tolerance2004.  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.     United States Helsinki Commission Intern Judy Abel contributed to this article.