Title

U.S. Helsinki Commission Commemorates Romani Revolt at Auschwitz, Deportation of Hungarian Jews

70th Anniversary Highlights Intertwined Fate of Roma and Jews during the Holocaust
Friday, May 16, 2014

WASHINGTON - U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) marked the 70th anniversary of the mass deportation of Hungary’s Jews and the Romani revolt at Auschwitz death camp in Nazi-occupied Poland.

“On May 16, 70 years ago, 6,000 Roma at Auschwitz used improvised weapons to resist efforts to transport them from their barracks to the gas chambers. Sadly, their desperate and heroic efforts only delayed their mass murder," said Chairman Cardin.

“I am appalled,” he continued, “when government officials, sometimes at the highest level, characterize Roma as criminals or ‘unadaptable’ using stereotypes that are reminiscent of Nazi racial theories. Remembering and teaching about Romani experiences during the Holocaust is critical in combating anti-Roma prejudices today.”

Approximately 3,000 of those who participated in the Romani revolt were sent to Buchenwald and Ravensbruck concentration camps as forced labor, where most of them died. On August 2-3, 1944, the so-called ‘Gypsy Family Camp’ was liquidated and the remaining 2,879 Romani men, women and children were sent to the gas chambers. Altogether, 23,000 Romani people from 11 countries were deported to Auschwitz and approximately 19,000 perished. Some died as a result of inhumane medical experiments by Dr. Joseph Mengele.

“This year also marks the 70th anniversary of the start of the final wave of Hungary’s war-time deportation of Jews,” noted Chairman Cardin. “Plans to empty the Romani camp at Auschwitz were, in fact, intended to make room for Jews arriving from Hungary.”

Anti-Semitic legislation was introduced in Hungary with the 1920 Numerus Clausus, which established limits on the number of Jewish university students. In 1941, more than 17,000 Jews were deported from Hungary to German-occupied Kamenets-Podolsk, where they were executed. Between May 15 and July 9, 1944, 437,402 Hungarian Jews were deported in the largest deportation of Jews to Auschwitz in the shortest period of time from any country. One of every three Jews who died at Auschwitz was from Hungary.

Cardin concluded, “I welcome the participation of Czech Prime Minister Sobotka in the memorial service held on May 10 at the site of the concentration camp for Roma at Lety. I urge the Czech Government to take steps to reflect the historic significance of this site for Romani survivors and their families everywhere.”

Lety was the site of one of two concentration camps for Roma in the war-time Czech Republic. The construction of a large pork processing plant on the site during the communist period has generated continuing criticism. The Helsinki Commission supported the transfer of microfilm copies of its archives – the only known complete surviving archives of a Romani concentration camp – to the U.S. Holocaust Memorial Museum in 2000.

On September 18, the U.S. Holocaust Memorial will hold a public symposium on new research regarding Roma and the Holocaust.

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  • Remembering the Holocaust While Fighting Anti-Semitism

    Mr. Speaker, the anniversary of the liberation of the Auschwitz-Birkenau death camps is often selected as the day to honor those murdered at the hands of the Nazis and their collaborators. More than one million people were killed at Auschwitz before the survivors were liberated on January 27, 1945. Appropriately, each January 27, individuals and governments around the world pause to remember those individuals murdered by the Nazis during the Holocaust. Also known as the Sho'ah, Hebrew for "calamity," the Holocaust witnessed the death of six million Jews by the Nazi killing machine, many of them in concentration camps or elsewhere in a web that stretched throughout the heart of Europe. Millions of individuals, political dissidents, Jehovah's Witnesses, those with disabilities, and others including entire Romani families, also perished at the hands of the Nazis. Mr. Speaker, the anniversary of the liberation of the Auschwitz-Birkenau death camps is often selected as the day to honor those murdered at the hands of the Nazis and their collaborators. More than one million people were killed at Auschwitz before the survivors were liberated on January 27, 1945. Appropriately, each January 27, individuals and governments around the world pause to remember those individuals murdered by the Nazis during the Holocaust. Also known as the Sho'ah, Hebrew for "calamity," the Holocaust witnessed the death of six million Jews by the Nazi killing machine, many of them in concentration camps or elsewhere in a web that stretched throughout the heart of Europe. Millions of individuals, political dissidents, Jehovah's Witnesses, those with disabilities, and others including entire Romani families, also perished at the hands of the Nazis. Holocaust Remembrance Day also celebrates those brave souls who faced unimaginable horrors and lived to tell of their experiences. In a historic first, late last year the United Nations designated January 27 as International Holocaust Remembrance Day. Initial drafters of the resolution, Australia, Canada, Israel, Russia and the United States, were joined by 100 nations in sponsoring the resolution in the General Assembly. Other international organizations, like the Organization for Security and Cooperation in Europe (OSCE), have done much to ensure the lessons of the Holocaust are taught in schools across Europe, including the former Soviet Union. In addition, the Belgian Chair-in-Office of the OSCE held a commemorative event for Holocaust victims on January 27 in Brussels. Unfortunately, while the Holocaust is rightly remembered, its lessons have yet to be fully learned. Early on, the world said "Never Again" to genocide, only to allow genocide to happen again in Bosnia-Herzegovina and Rwanda in the 1990s, and in Darfur today. The establishment of international tribunals to seek justice in response to these crimes may indicate some progress, but the best way to honor the lives of those who died during the Holocaust or in subsequent genocides would be to have the resolve to take decisive action to try to stop the crime in the first place.  Some heads of state refuse to recognize even the existence of the Holocaust. Mahmoud Ahmadinejad, the President of Iran, made the outrageous claim on December 14 that Europeans had "created a myth in the name of Holocaust." Showing his virulent anti-Semitic nature, two months earlier in October, he said Israel is "a disgraceful blot" that should be "wiped off the map." While Ahmadinejad's anti-Semitic hate is shocking, other hate mongers have physically attacked Jews. In early January, a knife-wielding skinhead shouting "I will kill Jews" and "Heil Hitler" burst into a Moscow synagogue and stabbed at least eight worshippers. A copycat attack followed in Rostov-on-Don, with the attacker thankfully being stopped inside the synagogue before anyone was hurt. As Co-Chairman of the U.S. Helsinki Commission, I have worked over the past four years with other Members of Congress and parliamentarians from around the world to fight anti-Semitism. I was pleased to have either authored or cosponsored three resolutions at the OSCE Parliamentary Assembly, which condemned anti-Semitism, while also being a principal sponsor to the Global Anti-Semitism Review Act that passed the Congress and was signed into law by President Bush in 2004. Internationally, the OSCE has held three international meetings focusing on anti-Semitism and has pledged to hold another major conference in Romania in 2007.  Mr. Speaker, while our struggle continues, we have made progress, moving governments and international organizations to begin to act. To reverse Edmund Burke's truism, what is necessary for the triumph of good over evil is for good men and women to take action. ls who faced unimaginable horrors and lived to tell of their experiences. In a historic first, late last year the United Nations designated January 27 as International Holocaust Remembrance Day. Initial drafters of the resolution, Australia, Canada, Israel, Russia and the United States, were joined by 100 nations in sponsoring the resolution in the General Assembly. Other international organizations, like the Organization for Security and Cooperation in Europe (OSCE), have done much to ensure the lessons of the Holocaust are taught in schools across Europe, including the former Soviet Union. In addition, the Belgian Chair-in-Office of the OSCE held a commemorative event for Holocaust victims on January 27 in Brussels. Unfortunately, while the Holocaust is rightly remembered, its lessons have yet to be fully learned. Early on, the world said "Never Again" to genocide, only to allow genocide to happen again in Bosnia-Herzegovina and Rwanda in the 1990s, and in Darfur today. The establishment of international tribunals to seek justice in response to these crimes may indicate some progress, but the best way to honor the lives of those who died during the Holocaust or in subsequent genocides would be to have the resolve to take decisive action to try to stop the crime in the first place.  Some heads of state refuse to recognize even the existence of the Holocaust. Mahmoud Ahmadinejad, the President of Iran, made the outrageous claim on December 14 that Europeans had "created a myth in the name of Holocaust." Showing his virulent anti-Semitic nature, two months earlier in October, he said Israel is "a disgraceful blot" that should be "wiped off the map." While Ahmadinejad's anti-Semitic hate is shocking, other hate mongers have physically attacked Jews. In early January, a knife-wielding skinhead shouting "I will kill Jews" and "Heil Hitler" burst into a Moscow synagogue and stabbed at least eight worshippers. A copycat attack followed in Rostov-on-Don, with the attacker thankfully being stopped inside the synagogue before anyone was hurt. As Co-Chairman of the U.S. Helsinki Commission, I have worked over the past four years with other Members of Congress and parliamentarians from around the world to fight anti-Semitism. I was pleased to have either authored or cosponsored three resolutions at the OSCE Parliamentary Assembly, which condemned anti-Semitism, while also being a principal sponsor to the Global Anti-Semitism Review Act that passed the Congress and was signed into law by President Bush in 2004. Internationally, the OSCE has held three international meetings focusing on anti-Semitism and has pledged to hold another major conference in Romania in 2007.  Mr. Speaker, while our struggle continues, we have made progress, moving governments and international organizations to begin to act. To reverse Edmund Burke's truism, what is necessary for the triumph of good over evil is for good men and women to take action.

  • European Parliament Restores Support for Inter-Country Adoption

    Mr. Speaker, I am pleased that yesterday our colleagues in the European Parliament voted unanimously in favor of an important measure urging the Romanian Government to settle the cases of applications for international adoption which have been in limbo since the Romanians imposed a moratorium in June 2001. The amendment was successfully offered to the European Parliament "Report on the Extent of Romania's Readiness for Accession to the European Union." Final approval on the report was adopted by the Parliament on December 15.   Amid credible allegations of corruption in the adoption system in Romania, the European Union had put intense pressure on Romania four years ago to impose a moratorium on international adoptions. In June 2004, Romanian Law 273/2004 enacted a permanent ban on international adoptions and, in practice, the law was being applied retroactively to cases that were registered before the ban came into effect on January first of this year. There were approximately 1,500 cases pending in which the children had been matched with parents in Western Europe, and 211 cases had been matched with adoptive parents in the United States.   As a party to the Hague convention on Intercountry Adoption, Romania has agreed to certain international standards and Principles. In fact, intercountry adoption is a recognized as a legitimate option for children who have not found permanent placement in their country of origin. The amendment adopted by the European Parliament is consistent with this principle and urges settlement of the pending cases "with the goal of allowing inter-country adoptions to take place, where justified and appropriate, in those special cases." I applaud the European Parliament in offering this assurance that they will not stand in the way of these adoptions.   I am hopeful, Mr. Speaker, that this action by the European Parliament will embolden authorities in Romania to look again at the cases which have been pending. Given this reassurance that resolving the pipeline cases will not jeopardize their efforts toward accession, I would hope that the authorities would consider the cases only with the best interests of the children in mind. They have heard the European Parliament speak with one voice in favor of adoptions for these pipeline cases.   Mr. Speaker, for these children who had already had a loving adoptive family identified, I encourage the Romanians to examine these cases with alacrity and transparency. Such a priority could mean this Christmas would be filled with renewed hope for hundreds of children and the prospects of a permanent home in the New Year.

  • Romania's Ban on Intercountry Adoptions

    Mr. Speaker, last month I introduced a resolution, H. Res. 578, expressing disappointment that the Government of Romania has instituted a virtual ban on intercountry adoptions that has very serious implications for the welfare and well-being of orphaned or abandoned children in Romania. As Co-Chairman of the Commission on Security and Cooperation in Europe (the Helsinki Commission), I am pleased to be joined as original cosponsors by the Commission's Ranking House Member, Representative Cardin, fellow Commissioners Representative Pitts and Pence as well as Chairman of the International Relations Subcommittee on the Western Hemisphere Representative Burton, and Representative Northup, Costello, Jo Ann Davis, Tiahrt, Bradley and Frank.   Mr. Speaker, the children of Romania, and all children, deserve to be raised in permanent families. Timely adoption of H. Res. 578 will put the Congress on record:   Supporting the desire of the Government of Romania to improve the standard of care and well-being of children in Romania;   Urging the Government of Romania to complete the processing of the intercountry adoption cases which were pending when Law 273/2004 was enacted;   Urging the Government of Romania to amend its child welfare and adoption laws to decrease barriers to adoption, both domestically and intercountry, including by allowing intercountry adoption by persons other than biological grandparents;   Urging the Secretary of State and the Administrator of the United States Agency for International Development to work collaboratively with the Government of Romania to achieve these ends; and   Requesting that the European Union and its member States not impede the Government of Romania's efforts to place orphaned or abandoned children in permanent homes in a manner that is consistent with Romania's obligations under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.   In 1989, the world watched in horror as images emerged from Romania of more than 100,000 underfed, neglected children living in hundreds of squalid and inhumane institutions throughout that country. Six weeks after the end of the dictatorial regime of Nicolae Ceausescu, I visited Romania and witnessed the misery and suffering of these institutionalized children. They were the smallest victims of Ceausescu's policies which undermined the family and fostered the belief that children were often better cared for in an institution than by their families.   Americans responded to this humanitarian nightmare with an outpouring of compassion. For years now, Americans have volunteered their labor and donated money and goods to help Romania improve conditions in these institutions. Many families in the United States also opened their hearts to Romania's children through adoption. Between 1990 and 2004, more than 8,000 children found permanent families in the U.S.; thousands of others joined families in Western Europe.   The legacies of Ceausescu's rule continue to haunt Romania and, when coupled with widespread poverty, have led to the continued abandonment of Romania's children. According to a March 2005 report by UNICEF, “child abandonment in 2003 and 2004 [in Romania] was no different from that occurring 10, 20, or 30 years ago.” UNICEF reports that more than 9,000 children a year are abandoned in Romania's maternity wards or pediatric hospitals. According to the European Union, 37,000 children remain in institutions; nearly 49,000 more live in nonpermanent settings in “foster care” or with extended families. An unknown number of children live on the streets.   During Romania's first decade of post-communist transition, the corruption which plagued Romania's economy and governance also seeped into the adoption system. There is no question that corruption needed to be rooted out. The U.S. Government and the U.S. Helsinki Commission have been steadfast in our support of Romania's efforts to combat corruption and to promote the rule of law and good governance.   I strongly disagree, however, with supporters of the current ban on intercountry adoption who allege that it was a necessary anti-corruption measure. There are many indications that corruption has been used as a hook to advance an ulterior agenda in opposition to intercountry adoption. In the context of Romania's desire to accede to the European Union, unsubstantiated allegations have been made about the fate of adopted children and the qualifications and motives of those who adopt internationally. Romanian policy makers chose to adopt this law against intercountry adoption in an effort to secure accession despite the fact, as stated in H. Res. 578, that there is no European Union law or regulation restricting intercountry adoptions to biological grandparents or requiring that restrictive laws be passed as a prerequisite for accession to the European Union.   The resolution notes that the Romanian Government declared a moratorium on international adoptions in 2001 but continued to accept new applications and allowed many such applications to be processed under an exception for extraordinary circumstances. Then, in June 2004, Law 273/2004 was adopted, taking effect on January 1, 2005, which banned intercountry adoption except in the exceedingly rare case of a child's biological grandparent living outside the country. At the time of enactment, approximately 1,500 adoption applications were registered with the Romanian Government; of these, 200 children had been matched with prospective parents from the United States and the remainder from Western Europe.   Intercountry adoption is, and always should be, anchored on the need to find homes for children, not to find children for would-be parents. Nonetheless, the individuals who applied to adopt Romanian children in the past few years committed their hearts to these children and we must recognize that the Romanian Government's mishandling of their applications has put them through a years-long emotional agony. H. Res. 578 calls on the Government to conclude the processing of these cases in a transparent and timely manner. Since introduction of the resolution, the Romanian press has reported that intercountry adoption would be denied in all of the pending cases. If indeed this is accurate, then it is impossible to believe that the standard applied in each case was that of the best interest of the child.   Romania's new adoption law and another addressing child protection, Law 272/2004, create a hierarchy of placement for orphaned or abandoned children. By foreclosing the option of intercountry adoption, the laws codified the misguided proposition that a foster family, or even an institution, is preferable to an adoptive family outside the child's country of birth.   On November 29, the European Commission issued a press release stating that “according to the Romanian Office for Adoptions, there are 1,355 Romanian families registered to adopt one of the 393 children available for adoption. Thus there is little scope, if any, for international adoptions.” The European Commission's press release fails to mention that more than 80,000 children in Romania are growing up without permanent families, in orphanages, foster care, maternity hospitals, or on the streets. That less than 400 have been declared available for adoption is a denunciation of the child welfare system. Barely 1,000 children have ever been domestically adopted in Romania in any given year and since enactment of the new laws in 2004, the rate of domestic adoption has fallen further. There is no doubt that if more children were to be made available for adoption, there would be a great need for intercountry adoption to provide them with permanent, loving homes. For thousands of children abandoned annually in Romania, intercountry adoption offered the hope of a life outside of foster care or an institution. That hope has now been taken away. This will fall hardest on the Roma children who are least likely to be adopted in-country due to pervasive societal prejudice.   The Romanian Government and the European Commission are attempting to use a Potemkin Village to hide a grim reality of suffering children and bureaucratic obstacles which prevent them from being declared legally available for adoption. In one case that has come to the Commission's attention, an adoptive family is waiting for biological parents to sign away their rights to a child they abandoned at birth and who has spent the first four years of her life with her prospective adoptive parents. She knows no other parents. Her biological parents have on four previous occasions relinquished their parental rights and yet, because of the new laws, the child has still not been declared available for adoption.   Other sources also belie a Potemkin approach. A November 5th article in the British journal The Lancet entitled “Romania's Abandoned Children are Still Suffering,” quotes a charity worker saying, “of course something needs to be done to help the children here, but at the moment all the Romanian government is doing is signing forms sending children back to their parents ..... It doesn't seem to matter that the parents might be alcoholics or have no means to look after their kids as long as the numbers are cut.” The article continues, “Romanian authorities have proudly claimed that last year only 1,483 children aged 0-2 years were in state institutions, compared with 7,483 in 1997. But those figures do not include hospitals, where staff admit they rely on donations from charities and individuals to keep helping such children. ..... The head of the Neonatology Department at the University Hospital in Bucharest says abandoned children stay on average for 6-7 months [and] the situation is almost as bad as it was in Ceausescu's time.'' The article also quotes the head of the Neonatology Section at the Bucur Maternity Hospital, also in Bucharest, as saying “last year, we had more abandoned kids than ever because the law changed. And it changed for the worse for the people in the maternity wards because the law forbids us to send children under 2 years old to state orphanages.”   At a Helsinki Commission hearing on September 14, Dr. Dana Johnson, Director of the International Adoption Clinic and Neonatology Division at the University of Minnesota Children's Hospital, testified that Romania's concentration on the reunification of an abandoned child with his or her biological family is only superficially consistent with the U.N. Convention on the Rights of the Child or the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. According to Dr. Johnson, “in neither of those documents is the mention of time. . . . It doesn't tell you how long you should spend reunifying that child with the family. . . . Contemporary child development research has clearly shown that there is a known amount of deterioration that occurs in children who are in hospitals or institutional care and outside of family care during the first few years of life. . . . You can predict that every child who is in institutional care during that period of time will lose one month of physical growth, one month of motor development, one month of speech development for every three months they're in institutional care. You also can predict that from age four months through 24 months of age, they will lose one to two I.Q. points a month during that period of time. The other thing we know is that by placing them into a caring, competent family, that you can recover some of this function. . . . A child that is abandoned in Romania today at the end of next summer will have permanently lost 15 I.Q. points. That child two years from now will have permanently lost 30 I.Q. points, which means that half of those kids are going to be mentally retarded.”   Mr. Speaker, the clock is ticking for Romania's children. H. Res. 578 notes that Romania is a party to the Hague Convention on Intercountry Adoption which recognizes that “intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her State of origin.” State Department officials and nongovernmental experts from the adoption and child welfare communities have testified that Romania's child welfare and adoption laws are inconsistent with Romania international commitments under this and other agreements.   The resolution further notes that UNICEF has issued an official statement in support of intercountry adoption which, in pertinent part, reads: “for children who cannot be raised by their own families, an appropriate alternative family environment should be sought in preference to institutional care, which should be used only as a last resort and as a temporary measure. Intercountry adoption is one of a range of care options which may be open to children, and for individual children who cannot be placed in a permanent family setting in their countries of origin, it may indeed be the best solution. In each case, the best interests of the individual child must be the guiding principle in making a decision regarding adoption.”   Finally, Mr. Speaker, with regard to the role of the European Union in this debacle, I ask who in the European Union will stand with Members of Congress to protect these defenseless children? All children deserve better than to spend their lives in group homes or warehoused in institutions where their physical, psychological, emotional and spiritual well-being is critically endangered. It is indeed tragic if the price of admission to the European Union is the sacrifice of thousands of Romania's orphaned or abandoned children.   I strongly urge my colleagues to support this resolution. For the sake of the innumerable children in need of permanent families, the voice of the United States Congress must be heard clearly in this transatlantic dialogue on intercountry adoption.

  • Romania's Ban on Intercountry Adoptions

    Mr. Speaker, last month I introduced a resolution, H. Res. 578, expressing disappointment that the Government of Romania has instituted a virtual ban on intercountry adoptions that has very serious implications for the welfare and well-being of orphaned or abandoned children in Romania. As Co-Chairman of the Commission on Security and Cooperation in Europe (the Helsinki Commission), I am pleased to be joined as original cosponsors by the Commission's Ranking House Member, Representative CARDIN, fellow Commissioners Representative PITTS and PENCE as well as Chairman of the International Relations Subcommittee on the Western Hemisphere Representative BURTON, and Representative NORTHUP, COSTELLO, JO ANN DAVIS, TIAHRT, BRADLEY and FRANK. Mr. Speaker, the children of Romania, and all children, deserve to be raised in permanent families. Timely adoption of H. Res. 578 will put the Congress on record: Supporting the desire of the Government of Romania to improve the standard of care and well-being of children in Romania; Urging the Government of Romania to complete the processing of the intercountry adoption cases which were pending when Law 273/2004 was enacted; Urging the Government of Romania to amend its child welfare and adoption laws to decrease barriers to adoption, both domestically and intercountry, including by allowing intercountry adoption by persons other than biological grandparents; Urging the Secretary of State and the Administrator of the United States Agency for International Development to work collaboratively with the Government of Romania to achieve these ends; and Requesting that the European Union and its member States not impede the Government of Romania's efforts to place orphaned or abandoned children in permanent homes in a manner that is consistent with Romania's obligations under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. In 1989, the world watched in horror as images emerged from Romania of more than 100,000 underfed, neglected children living in hundreds of squalid and inhumane institutions throughout that country. Six weeks after the end of the dictatorial regime of Nicolae Ceausescu, I visited Romania and witnessed the misery and suffering of these institutionalized children. They were the smallest victims of Ceausescu's policies which undermined the family and fostered the belief that children were often better cared for in an institution than by their families. Americans responded to this humanitarian nightmare with an outpouring of compassion. For years now, Americans have volunteered their labor and donated money and goods to help Romania improve conditions in these institutions. Many families in the United States also opened their hearts to Romania's children through adoption. Between 1990 and 2004, more than 8,000 children found permanent families in the U.S.; thousands of others joined families in Western Europe. The legacies of Ceausescu's rule continue to haunt Romania and, when coupled with widespread poverty, have led to the continued abandonment of Romania's children. According to a March 2005 report by UNICEF, "child abandonment in 2003 and 2004 [in Romania] was no different from that occurring 10, 20, or 30 years ago.'' UNICEF reports that more than 9,000 children a year are abandoned in Romania's maternity wards or pediatric hospitals. According to the European Union, 37,000 children remain in institutions; nearly 49,000 more live in nonpermanent settings in ``foster care'' or with extended families. An unknown number of children live on the streets. During Romania's first decade of post-communist transition, the corruption which plagued Romania's economy and governance also seeped into the adoption system. There is no question that corruption needed to be rooted out. The U.S. Government and the U.S. Helsinki Commission have been steadfast in our support of Romania's efforts to combat corruption and to promote the rule of law and good governance. I strongly disagree, however, with supporters of the current ban on intercountry adoption who allege that it was a necessary anti-corruption measure. There are many indications that corruption has been used as a hook to advance an ulterior agenda in opposition to intercountry adoption. In the context of Romania's desire to accede to the European Union, unsubstantiated allegations have been made about the fate of adopted children and the qualifications and motives of those who adopt internationally. Romanian policy makers chose to adopt this law against intercountry adoption in an effort to secure accession despite the fact, as stated in H. Res. 578, that there is no European Union law or regulation restricting intercountry adoptions to biological grandparents or requiring that restrictive laws be passed as a prerequisite for accession to the European Union. The resolution notes that the Romanian Government declared a moratorium on international adoptions in 2001 but continued to accept new applications and allowed many such applications to be processed under an exception for extraordinary circumstances. Then, in June 2004, Law 273/2004 was adopted, taking effect on January 1, 2005, which banned intercountry adoption except in the exceedingly rare case of a child's biological grandparent living outside the country. At the time of enactment, approximately 1,500 adoption applications were registered with the Romanian Government; of these, 200 children had been matched with prospective parents from the United States and the remainder from Western Europe. Intercountry adoption is, and always should be, anchored on the need to find homes for children, not to find children for would-be parents. Nonetheless, the individuals who applied to adopt Romanian children in the past few years committed their hearts to these children and we must recognize that the Romanian Government's mishandling of their applications has put them through a years-long emotional agony. H. Res. 578 calls on the Government to conclude the processing of these cases in a transparent and timely manner. Since introduction of the resolution, the Romanian press has reported that intercountry adoption would be denied in all of the pending cases. If indeed this is accurate, then it is impossible to believe that the standard applied in each case was that of the best interest of the child. Romania's new adoption law and another addressing child protection, Law 272/2004, create a hierarchy of placement for orphaned or abandoned children. By foreclosing the option of intercountry adoption, the laws codified the misguided proposition that a foster family, or even an institution, is preferable to an adoptive family outside the child's country of birth. On November 29, the European Commission issued a press release stating that "according to the Romanian Office for Adoptions, there are 1,355 Romanian families registered to adopt one of the 393 children available for adoption. Thus there is little scope, if any, for international adoptions.'' The European Commission's press release fails to mention that more than 80,000 children in Romania are growing up without permanent families--in orphanages, foster care, maternity hospitals, or on the streets. That less than 400 have been declared available for adoption is a denunciation of the child welfare system. Barely 1,000 children have ever been domestically adopted in Romania in any given year and since enactment of the new laws in 2004, the rate of domestic adoption has fallen further. There is no doubt that if more children were to be made available for adoption, there would be a great need for intercountry adoption to provide them with permanent, loving homes. For thousands of children abandoned annually in Romania, intercountry adoption offered the hope of a life outside of foster care or an institution. That hope has now been taken away. This will fall hardest on the Roma children who are least likely to be adopted in-country due to pervasive societal prejudice. The Romanian Government and the European Commission are attempting to use a Potemkin Village to hide a grim reality of suffering children and bureaucratic obstacles which prevent them from being declared legally available for adoption. In one case that has come to the Commission's attention, an adoptive family is waiting for biological parents to sign away their rights to a child they abandoned at birth and who has spent the first four years of her life with her prospective adoptive parents. She knows no other parents. Her biological parents have on four previous occasions relinquished their parental rights and yet, because of the new laws, the child has still not been declared available for adoption. Other sources also belie a Potemkin approach. A November 5th article in the British journal The Lancet entitled "Romania's Abandoned Children are Still Suffering,'' quotes a charity worker saying, "of course something needs to be done to help the children here, but at the moment all the Romanian government is doing is signing forms sending children back to their parents ..... It doesn't seem to matter that the parents might be alcoholics or have no means to look after their kids as long as the numbers are cut.'' The article continues, "Romanian authorities have proudly claimed that last year only 1,483 children aged 0-2 years were in state institutions, compared with 7,483 in 1997. But those figures do not include hospitals, where staff admit they rely on donations from charities and individuals to keep helping such children. ..... The head of the Neonatology Department at the University Hospital in Bucharest says abandoned children stay on average for 6-7 months [and] the situation is almost as bad as it was in Ceausescu's time.'' The article also quotes the head of the Neonatology Section at the Bucur Maternity Hospital, also in Bucharest, as saying "last year, we had more abandoned kids than ever because the law changed. And it changed for the worse for the people in the maternity wards because the law forbids us to send children under 2 years old to state orphanages.'' At a Helsinki Commission hearing on September 14, Dr. Dana Johnson, Director of the International Adoption Clinic and Neonatology Division at the University of Minnesota Children's Hospital, testified that Romania's concentration on the reunification of an abandoned child with his or her biological family is only superficially consistent with the U.N. Convention on the Rights of the Child or the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. According to Dr. Johnson,"in neither of those documents is the mention of time. . . . It doesn't tell you how long you should spend reunifying that child with the family. . . . Contemporary child development research has clearly shown that there is a known amount of deterioration that occurs in children who are in hospitals or institutional care and outside of family care during the first few years of life. . . . You can predict that every child who is in institutional care during that period of time will lose one month of physical growth, one month of motor development, one month of speech development for every three months they're in institutional care. You also can predict that from age four months through 24 months of age, they will lose one to two I.Q. points a month during that period of time. The other thing we know is that by placing them into a caring, competent family, that you can recover some of this function. . . . A child that is abandoned in Romania today at the end of next summer will have permanently lost 15 I.Q. points. That child two years from now will have permanently lost 30 I.Q. points, which means that half of those kids are going to be mentally retarded.'' Mr. Speaker, the clock is ticking for Romania's children. H. Res. 578 notes that Romania is a party to the Hague Convention on Intercountry Adoption which recognizes that "intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her State of origin.'' State Department officials and nongovernmental experts from the adoption and child welfare communities have testified that Romania's child welfare and adoption laws are inconsistent with Romania international commitments under this and other agreements. The resolution further notes that UNICEF has issued an official statement in support of intercountry adoption which, in pertinent part, reads: "for children who cannot be raised by their own families, an appropriate alternative family environment should be sought in preference to institutional care, which should be used only as a last resort and as a temporary measure. Intercountry adoption is one of a range of care options which may be open to children, and for individual children who cannot be placed in a permanent family setting in their countries of origin, it may indeed be the best solution. In each case, the best interests of the individual child must be the guiding principle in making a decision regarding adoption.'' Finally, Mr. Speaker, with regard to the role of the European Union in this debacle, I ask who in the European Union will stand with Members of Congress to protect these defenseless children? All children deserve better than to spend their lives in group homes or warehoused in institutions where their physical, psychological, emotional and spiritual well-being is critically endangered. It is indeed tragic if the price of admission to the European Union is the sacrifice of thousands of Romania's orphaned or abandoned children. I strongly urge my colleagues to support this resolution. For the sake of the innumerable children in need of permanent families, the voice of the United States Congress must be heard clearly in this transatlantic dialogue on intercountry adoption.

  • In the Best Interest of the Children? Romania’s Ban on Inter-Country Adoption

    Commissioners Sam Brownback (R-KS) and Chris Smith (NJ-04) expressed their displeasure with  Romania’s ban on adoption.  Romania’s international adoption ban had prevented over 200 Americans from taking adopting children from the Eastern European country, regardless of the prospective adoptive parents' qualifications. The law that enabled this ban came after the Romanians consented to ban inter-country adoptions in exchange for acquiring membership in the European Union.  

  • American Agenda Moves Forward at the 14th Annual OSCE Parliamentary Assembly

    The 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)

  • Progress and Challenges: The OSCE Tackles Anti-Semitism and Intolerance

    By 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

  • Meeting the Demographic Challenge and the Impact of Migration

    By 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.)

  • Sen. Brownback's Address to the Preparatory NGO Forum Cordoba OSCE Conference on Anti-Semitism and Other Forms of Intolerance

    Ladies and gentlemen, distinguished guests and friends. It’s an honor to join my voice with yours today, as you gather together in the fight against anti-Semitism, discrimination and racism. Last month, the world paused to mark Holocaust Remembrance Day and the 60th anniversary of the end of World War II. We remembered the men, women, and children who suffered and were murdered in Nazi death camps across Europe, as well as those who fought against Hitler’s tyranny of hatred, death and destruction. The testimonies of those who survived Auschwitz and other death camps attest to the capacity of evil. At the same time, the lives of the survivors underscore the resilience of the human spirit and the fact that good can and must prevail over evil. We can learn much from their courage and determination. We must. For the flames of hatred, death, and destruction did not die out in a bunker in Berlin, nor were they consigned to the last century. At the start of a new century, we need not look far to see how quickly embers can be ignited even today. As we all know, roughly three years ago Jewish communities across Europe and North America were beset by a surge of anti-Semitism and related violence. Tragically, members of the Jewish community and Jewish institutions and symbols continue to be targeted by the purveyors of hate. In addition, racist bigots continue to assail individuals because of the color of their skin. Roma and persons of African or Arab decent, for example, are regularly targeted. Persons are assaulted everyday because of their religious faith or beliefs. The OSCE, including the three Personal Representatives of the Chair-in-Office, are important vehicles for increasing awareness of the scope of anti-Semitism and other forms of racism as well as assisting participating States in developing concrete measures to confront these evils. At the same time, we must never lose sight of the fact that the responsibility for actions rests first and foremost with governments. Unfortunately, for too many countries we’ve only seen lip service to the commitments undertaken to forward information to the OSCE. Political will is essential. In this regard, the Cordoba Conference provides an opportunity for governments to report on the specific measures they have undertaken to implement relevant OSCE commitments on combating anti-Semitism and other forms of racism. Regrettably, implementation has been uneven. As Chairman of the U.S. Commission on Security and Cooperation in Europe, I will continue to work with other governments and parliamentarians to encourage them to be proactive and vigilant in this battle. In addition to ensuring that police and prosecutors vigorously combat these manifestations, government leaders have a responsibility to speak out against acts of violence whenever they occur. Silence, I fear, will be interpreted as sanction, inaction as endorsement. While I and many others are committed to confronting and combating manifestations of anti-Semitism, racism, and related violence, we must partner with you, the non-government community. You are on the ground, ministering to those who hurt, listening to your communities. We will rely on you as an early warning system, so we can head off problems before they proliferate, as well as to critique government action or inaction. Sadly, while the world professed shock at the scope of the atrocities and cruelty of the Holocaust, it has not prevented genocides elsewhere – Bosnia, Rwanda, and now Darfur. Therefore, while law enforcement and public denunciations are critical, we must inoculate our children through education, if we are to secure a lasting victory over the diseases of anti-Semitism and racism. Both at home and at school, teachers should be encouraged to incorporate lessons from our history, drawing on the lessons from the Holocaust and contemporary examples of genocide. We can best teach our children about the dangers of these evils by giving real meaning to the phrase “never again.” In closing, I hope this NGO day will prove fruitful, and that alliances can be formed and bridges built in this common struggle. I applaud your efforts and assure you of our continued support in Congress and through the ongoing work of the Helsinki Commission. I want to thank our hosts in Seville, the Tres Culturas Foundation, as well as Spain for hosting the Cordoba Conference. I know there are many faiths represented here today. I believe that by working together, speaking out in unison, and with God’s help, we will defeat these evils.

  • The Future of Human Rights in Kosovo

    This 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.  

  • Racist Manifestations in Romania Deserve Government Response

    Mr. President, as chairman of the Helsinki Commission, I welcomed the recent visit of Romanian Foreign Minister Razvan Ungureanu, and I regret that I was not in Washington D.C. to meet with him. Our countries have forged closer links, and I hope that trend will continue.  While there have been many positive reforms implemented in Romania, unfortunately the situation of the Romani minority has remained the same. Romania has the largest Roma minority in Europe, estimated at 1.5-2 million people yet they remain profoundly marginalized and subjected to pervasive discrimination and prejudice.  A soccer match in Bucharest on April 13th was a clear example of the explicit acts of hatred that have been widespread throughout the country. Fans of one team, Steaua Bucharest, unfurled a banner reading "We have always had and will always have something against Gypsies." They chanted, "We have always hated Gypsies and we have always urinated on you." During the game, the stadium announcer played an anti-Roma song called "Gypsies and UFOs" and made anti-Roma remarks. The coach of Steaua Bucharest called the coach of the opposing team a "stinking Gypsy." The opposing team, Rapid Bucharest, is from a district with a significant Romani minority.  Response to this rabid anti-Roma manifestation was swift with mixed results. On April 20th, the Romanian Football League suspended the stadium announcer for 6 months. However, the League sanctioned both teams that were present at the April 13th match: Steaua Bucharest, the team responsible for hurling racist invective was fined, as well as Rapid Bucharest, the team against whom these slurs were directed. While it is completely appropriate for a sports league to police itself and its members, sanctioning those who were the targets of this abuse is absurd. No one will be fooled by the League's effort to appear pro-active and even-handed while punishing the very people who were the victims of abuse.  The National Council for Combating Discrimination, a Romanian Government body, also sanctioned the offending team about $1400 and fined the stadium announcer about $600. The fact that a governmental body so quickly recognized the racist nature of these events was a positive signal. However, any time a state positions itself to regulate speech, there is the risk that free speech, which may include unpopular or controversial views, will be unduly limited. I strongly believe that there are other ways to combat racist, xenophobic, or anti-Semitic manifestations. In particular, it is critical that Romania's public leaders, including President Traian Basescu, speak out against such acts of discrimination.  Unfortunately, the April 13th events were not an isolated phenomenon, but part of a larger pattern of racist abuse in Romania. In 2002, scores of fans at a Bucharest soccer match worked in concert to display a massive sign reading "Die, Gypsy." In 2003, like-minded fans displayed a sign reading "One million crows, one solution--Antonescu." In this context, "Crow" is a pejorative slang term in Romanian for a member of the Romani minority and General Ion Antonescu was Romania's World War II fascist dictator who spearheaded the selection of Roma for deportation to Transnistria.  These manifestations tell us two things. First, it is not enough for public leaders to leave it to the National Council for Combating Racism to speak out against these manifestations. Romania's highest leaders must stand up themselves to confront such outrages. Those who would foment racism, and who potentially incite racist violence, must be given no safe harbor. Invoking praise for the World War II dictator who oversaw the persecution of Romania's Jews and Roma is despicable.  Second, these manifestations underscore the need for continued efforts to improve Holocaust education in Romania.  Following decades of denial, the Government of Romania has made great strides in the past year in recognizing Romania's role in the Holocaust and in the deportation and death of Jewish and Romani citizens. The government is to be commended for taking steps to examine this dark and painful chapter in the country's history. Last November, the International Commission for the Study of the Holocaust in Romania, led by Elie Wiesel, officially issued its findings in Bucharest. In addition to the establishment of a national Holocaust Remembrance Day, which Romania marks on October 9th, the Commission recommended that Romania establish a national Holocaust memorial and museum in Bucharest, annul war criminal rehabilitations and develop a Holocaust education curricula and courses in secondary schools and universities. I hope the Government of Romania will move quickly to implement the Wiesel Commission's recommendations.  With this in mind, I was heartened to learn that in April the U.S. Embassy in Bucharest hosted the premier of "Hidden Sorrows," a documentary about the tragic deportation of 25,000 Roma from Romania to Transnistria during the Holocaust. In this time, more than 11,000 men, women and children died from the horrific conditions of their internment. Several, nearly 100-year-old survivors attended the premier, adding a deeply personal element to the documentary's message.  From the Inquisition to the Holocaust, Roma have suffered some of humanity's worst abuses. They were enslaved in Romania until the formation of the modern Romanian state in 1864. They were persecuted and deported and murdered during the Holocaust. Even after the fall of Ceausescu, they were subjected to dozens of pogroms. And yet after all this, they have survived.  The Romani people, who have endured so much, should not be made to suffer at a time that otherwise holds so much promise and hope for others. We must ensure that these people, their culture, and their heritage are not destroyed by hatred and violence. We must call upon the Romanian Government to abolish these ongoing acts of discrimination.

  • Holocaust Remembrance Day

    Mr. Speaker, I rise today to commemorate Yom Hashoah, Holocaust Martyrs' and Heroes' Remembrance Day, which memorializes the 6 million Jews murdered by the Nazis during their campaign of genocide in World War II. We mourn the innocent lives lost and vibrant communities destroyed while the world shamefully stood silent, and honor those heroes of the Warsaw Ghetto who faced certain death when they refused to submit to the Nazi's planned extermination of their community.   To this day, Mr. Speaker, many European countries have failed to right the past wrongs of the Holocaust by failing to adequately redress the wrongful confiscation of property by the Nazi and communist regimes. These seizures took place over decades; they were part of the modus operandi of repressive, totalitarian regimes; and they affected millions of people. The passage of time, border changes, and population shifts are only a few of the things that make the wrongful property seizures of the past such difficult problems to address today.   While I recognize that many obstacles stand in the way of righting these past wrongs, I do not believe that these challenges make property restitution or compensation impossible. On the contrary, I believe much more should have been done--and can still be done now--while our elderly Holocaust survivors are still living.   Today I also want to sound the alarm about a disturbing trend that Jews face today: a rising tide of anti-Semitism throughout the world.   I serve as the Ranking Member of the Commission on Security and Cooperation in Europe (CSCE), commonly known as the Helsinki Commission. Last year I traveled as part of the U.S. Delegation, with former Secretary of State Colin Powell, to attend a special conference in Berlin addressing anti-Semitism, held under the auspices of the Organization for Security and Cooperation in Europe (OSCE). The OSCE is a 55-nation regional security organization which promotes democracy and human rights in Europe, Central Asia, and North America.   Before traveling to Berlin, I made a point to visit Auschwitz for the first time. I was shocked and stunned to see how efficient the Nazi operation was: they wanted to maximize the number of individuals that could be killed.   Seeing the remains of that factory of intolerance, hate and death, it reaffirmed how we must continually stress the importance of advancing understanding throughout the OSCE region and the entire world. We must tirelessly work to build understanding and respect between different communities to prevent future acts of prejudice and injustice.   At the Berlin Conference, I had the privilege of participating as a member of the U.S. delegation, and I gave the official U.S. statement in the session on tolerance. The meeting ended with the issuance of the Berlin Declaration of Action.   The Berlin Declaration laid out a number of specific steps for states to take to combat the rising tide of anti-Semitism, including: striving to ensure that their legal systems foster a safe environment free from anti-Semitic harassment, violence or discrimination; promoting educational programs; promoting remembrance of the Holocaust, and the importance of respecting all ethnic and religious groups; combating hate crimes, which can be fueled by racist and anti-Semitic propaganda on the Internet; encouraging and supporting international organizations and NGO's; and encouraging the development of best practices between law enforcement and educational institutions.   As we commemorate Yom Hashoah, let us honor the memory of those who perished in the Holocaust by pledging to fight intolerance, hate crimes, and violence in our community and around the world. We shall never be silent again.

  • Report on Slovakia's Religion Law

    Since 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.

  • Commemorating Holocaust Remembrance Day

    Mr. President, in light of the upcoming Holocaust Remembrance Day, I want to pay tribute to the men, women, and children who suffered and were murdered at the hands of the Nazis in the death camps across Europe. In 1951, the Israeli Knesset designated an official day on the Hebrew calendar, called Yom ha-Shoah, to commemorate the Shoah or Holocaust. This important day falls on May 5th.  “Shoah” is the Hebrew word meaning “catastrophe,” which speaks to the tragic destruction of nearly the entirety of European Jewry during World War II. Perhaps no other place has been so linked to the Shoah than Auschwitz, the liberation of which was solemnly marked earlier this year.  Auschwitz now symbolizes the horror suffered by millions in an expansive network of camps and sub-camps that stretched throughout much of Europe. Millions of people were deported to these camps throughout the war. Many were summarily executed. Others were worked to death. Some were subjected to sadistic medical experimentation.  The death camp at Auschwitz was at the heart of the “final solution” – the slaughter of innocents for no other reason than that they were Jews. In addition, Poles, Roma and other minorities were transported to Auschwitz and elsewhere for elimination. To put this staggering human suffering into some scale, the equivalent of roughly half the current population of my home state of Kansas was murdered at Auschwitz alone.  Mr. President, I have had the privilege of visiting Yad Vashem in Jerusalem to honor the memory of the victims of Shoah. The legacy of the Holocaust encompasses the memory of those that perished as well as those who survived. The testimonies of those who survived Auschwitz and other death camps attest to the capacity of evil. At the same time, the lives of the survivors underscore the resilience of the human spirit and the fact that good can and must prevail over evil.  Six decades after the smoldering flames of the Shoah were extinguished, we are still confronted with reality that the embers of anti-Semitism could today be fanned into a consuming fire. As Chairman of the Commission on Security and Cooperation in Europe, I am committed to confronting and combating manifestations of anti-Semitism and related violence at home and abroad. I look forward to the upcoming OSCE conference in Cordoba, Spain, as it will assess what measures countries are or are not taking to confront anti-Semitism. As a member of the United States Senate, I have and will continue to support the vital educational work of the United States Holocaust Memorial Museum and other institutions.  Mr. President, while the world professed shock at the scope of the atrocities and cruelty of the Holocaust, it has not prevented genocides elsewhere – Bosnia, Rwanda, and now Darfur. We can best honor the memory of those killed during the Holocaust and the survivors by giving real meaning to “never again.” 

  • The Decade of Roma Inclusion

    Mr. President, last month, the Prime Ministers of eight Central and Southern European countries met in Sofia, Bulgaria, for their first meeting in what has been dubbed “the Decade of Roma Inclusion.” This initiative is designed to spur governments to undertake intensive engagement in the field of education, employment, health and housing with respect to Europe's largest, most impoverished and marginalized ethnic minority, the Roma. The Open Society Institute, the World Bank, the European Commission and the United Nations Development Program, all supporters of this initiative, hope that this effort will result in meaningful improvements over the course of a 10-year period. In December, a donors' conference pledged $42 million for a Roma Education Fund. But the real goal is to get governments to give more help to their own people from their own budgets, as well as to make better use of the funds already available from organizations like the EU. The fact is that Romani riots in Plovdiv, Bulgaria, in 2002 and in eastern Slovakia last year should be a wake-up call for governments with significant Romani communities. These countries cannot afford to ignore the crushing impoverishment and crude bigotry that so many Roma face on a daily basis. The Decade of Romani Inclusion is all well and good, and I commend the governments that are participating in this initiative. But much more needs to be done to truly advance Romani integration. It must start with a message of tolerance and inclusion from the highest levels of government. Unfortunately, too often the voices that are heard are those spreading crude stereotypes and inter-ethnic hatred. I am particularly alarmed by what appears to be an increase in anti-Roma statements in Bulgaria. Last summer, the head of one of Bulgaria's leading trade unions, Konstantin Trenchev, broadly characterized all Roma as criminals, and then called for the establishment of vigilante guards to deal with them. More recently, Ognian Saparev, a Member of Parliament from the Bulgarian Socialist Party, dismissed the significance of reports that the Mayor of Pazardzhik has trafficked Romani girls for the benefit of visiting foreigner diplomats. Saparev reportedly claimed that the statutory rape of these girls shouldn't be considered a crime because Romani girls are “mature” at age 14. Significantly, Saparev also gained headlines last year for publishing an inflammatory article about Roma in which he argued they should be forced to live in ghettos. Even worse statements have come from Russia. Yevgenii Urlashov, a city official in Yaroslavl, recently characterized all Roma as drug dealers and called for them to be deported. Not to be outdone, fellow municipal legislator, Sergei Krivnyuk, said, "residents are ready to start setting the Gypsies' houses on fire, and I want to head this process." Although nongovernmental human rights groups have condemned this anti-Romani rhetoric, other leaders in Bulgaria and Russia have largely remained silent. But it is critical that public leaders, from all walks of life, speak out against such hate mongering. Speaking on the occasion of the 60th anniversary of the liberation of Auschwitz, Polish President Kwasniewski noted that “complete extermination was also [intended] to be the fate of the Roma community.” It will not do, 60 years after the liberation of Auschwitz, to stand by in silence while Roma are crudely caricatured as criminals, just as they were by the Nazis. And we must not stand by in silence when a member of Parliament dismisses the criminal act of trafficking of children, simply because they are Romani.

  • Winds of Change in Romania?

    Mr. President, I rise to congratulate the people of Romania and newly elected President Traian Basescu on the success of their recent national elections, and to encourage them in their efforts to consolidate democracy in Romania. In the 15 years since the overthrow of the brutal Communist dictatorship which ruled that country for decades, Romania has undertaken four successful national elections and peaceful transfers of power, and has made important strides in building democratic institutions and the rule of law.  I was recently appointed chairman of the Commission on Security and Cooperation in Europe--the Helsinki Commission--and have followed events in Romania for many years. In that capacity, I look forward to working with the government and the people of Romania on the challenges confronting both of our countries.  Romania is a good friend of the United States and a strong partner in the war on global terrorism. I thank the Government of Romania for its steadfast support of Operation Enduring Freedom in Afghanistan, where a battalion serves on the ground, and for its support of the U.S.-led military action in Iraq. More than 700 Romanian soldiers contributed to the efforts that supported the people of Iraq in their historic ballot. Romania is our NATO ally and anticipates accession to the European Union in 2007.  President Basescu has recognized that endemic corruption and the poverty it breeds are a threat to Romania's national security, and his government is already taking steps to combat this scourge and to institute effective government reform. We commend the President's efforts and stand ready to assist him as he shines the light of transparency across Romania.  President Basescu's focus and determination give me hope that progress can also be made on a number of matters that have been of concern.  In 2001, Romania imposed a moratorium on all international adoptions under pressure from the European Union, and amid allegations of “baby selling”. This moratorium was extended several times pending development of comprehensive child protection legislation to include new rules on adoption. The new legislation came into effect in January of this year and limits international adoption to the grandparents of the Romanian child--effectively ending international adoption. More than 200 U.S. families were in the process of adopting Romanian children when the moratorium was established, and the Government of Romania indicated that it would proceed with those adoption requests that were “already in the pipeline”.  However, to date, these cases remain unresolved. This total ban on international adoptions is regrettable and means that many children in Romania will now grow up without permanent families. I am particularly concerned about the over 200 adoption cases which were already being processed for U.S. parents, and I urge the Government of Romania to resolve these cases quickly, so these children can be placed with the families as promised. I also urge President Basescu to consider revising existing law to allow the resumption of international adoptions with appropriate safeguards.  The Government of Romania enacted a comprehensive antidiscrimination law in 2000 and has in place a national action plan on Roma. Yet the great majority of Roma and Sinti in Romania remain marginalized, living in abject poverty due to severe discrimination in employment, housing, and education. President Basescu should take bold and concrete steps to ensure that Romani citizens have full opportunity to participate in the civil and political life of Romania. The establishment of a fund to implement school desegregation would be an important step toward achieving that goal and would make the Romanian government's participation in the Decade of Roma Inclusion truly meaningful.  Following decades of denial, the Government of Romania has made great strides in the past year in recognizing Romania's role in the Holocaust. I commend the government for taking steps to examine this dark and painful chapter in the country's history. The International Commission for the Study of the Holocaust in Romania, led by Elie Wiesel, officially issued its findings last November in Bucharest. In addition to the establishment of a national Holocaust Remembrance day, which Romania marks on October 12, the Commission's recommendations include the construction of a national Holocaust memorial and museum in Bucharest, the annulment of war criminal rehabilitations, and the establishment of Holocaust education curricula and holocaust courses in secondary schools and universities. The government should move quickly to implement that Commission's recommendations.  In a related matter, I hope that the Government of Romania will finally bring to closure the rehabilitation and honoring of World War II dictator, Marshall Ion Antonescu, Hitler ally and war criminal condemned for the mass murder of Jews and Roma. During the past 3 years, government officials publicly condemned efforts to honor Antonescu and removed from public land three statues that had been erected in his honor. One statue remains on public land in Jilava, the site of Antonescu's execution, and important streets in the cities of Cluj, Targu Mures, and Campulung Muscel continue to be named after him. I urge the Government of Romania to remove these remaining vestiges honoring the former dictator.  The process of providing restitution or compensation for property confiscated by former regimes in Romania has been slow, complicated, and difficult. Government records indicate that more than 200,000 claims for property restitution have been filed by individuals, and more than 7,000 claims have been filed by religious denominations and communal groups. The plight of Romania's Greek Catholic Uniate Church, which was banned by the Communist government in 1948, is particularly troubling. More than 2,500 churches and other buildings seized from the Uniates were given to Orthodox parishes. The government decree that dismantled the Greek Catholic Church was abrogated in 1989, however, of the thousands of properties confiscated from the Greek Catholics, fewer than 200 have been returned. I hope that this government will finally take significant steps toward the restitution of Greek Catholic property as well as that of other religious denominations. Romania's failure to return religious properties to their rightful owners 15 years after Communist rule is inexcusable and, in my view, a destabilizing element in Romanian society.  Trafficking in human beings will continue to challenge the new government. Romania is a source and transit country primarily for women and girls trafficked for sexual exploitation. While the Romanian Government has made tremendous progress in its anti-trafficking initiatives in the past several years, there are still some areas of concern including corruption within the law enforcement community, light penalties for those convicted of trafficking, and proposals to legalize or regulate prostitution.  Greater accountability is needed among members of the law enforcement community in view of allegations that officials have assisted traffickers in obtaining false passports, facilitated illegal border crossings and accepted bribes to tamper with witnesses' testimony. Traffickers are increasingly likely to be prosecuted for their crimes in Romania, however, the penalties imposed by judges are still too low--usually 1 year or less in prison. Penalties should be severe enough to reflect the heinous nature of the crime and to serve as a deterrent to other prospective traffickers. Finally, it is important for the government to take a firm stance against all efforts to legalize or regulate prostitution. Legalized and regulated prostitution is a magnet for human trafficking and provides a shield behind which traffickers hide.  While many challenges remain on the road ahead for President Basescu, his new government, and the people of Romania, I am convinced that, working together, they will move toward a bright and prosperous future. I stand ready to assist our friends in Romania in any way I can.

  • Slovenia’s Leadership of the OSCE

    This hearing examined the challenges facing the Organization for Security and Cooperation in Europe in 2005. New and emerging threats from external actors, including terrorist organizations and rogue regimes, have led the organization to take a greater look at its periphery and seek multilateral responses to issues ranging from terrorist financing to arms proliferation. Issues related to OSCE work were on the agenda of the recent Bush-Putin summit in Bratislava and could impact the organization’s future activity. The testimony of His Excellency Dimitrij Rupel, Foreign Minister of Slovenia and this year’s OSCE Chairman, presented an overview of the wide array of initiatives undertaken by the OSCE regarding issues like human trafficking, organized criminal activity and official corruption, anti-Semitism and other forms of intolerance, human rights violations in countries of Central Asia, and areas of tension or conflict in the Caucasus, the Balkans and elsewhere in the expansive OSCE region. Strategies for continuing to pursue these issues were discussed.

  • Helsinki Commission Leaders Visit Ukraine

    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.

  • Helsinki Commission Leaders Visit Ukraine; Impressed By Government's Efforts on Road to Recovery

    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.

  • Commending Countries and Organizations for Marking 60th Anniversary of Liberation of Auschwitz

    Mr. Speaker, I thank the distinguished chairman for yielding me this time and for his leadership on this resolution. I also want to thank the gentleman from California (Mr. Lantos), who along with his wife is a survivor of the Holocaust. He is to be commended for his clear and unmistakable and nonambiguous condemnation of these horrific occurrences that occurred 60 years ago and before; and for his leadership today in Congress and around the world on behalf of the plight of Jews, who are still subjected to a gross anti-Semitism all over the world. Mr. Speaker, perhaps no other single word evokes the horrors of the Holocaust as much as the name Auschwitz, the most notorious death camp in the history of humanity. On January 27, the Government of Poland will mark the liberation of that camp by the Soviet Army some 60 years ago. Leaders from across the globe, including our Vice President DICK CHENEY, will rightly and solemnly remember the victims of Auschwitz and the sacrifices of those who fought against Nazism. This resolution, H. Res. 39, recognizes the 60th anniversary of the liberation of Auschwitz in German-occupied Poland. We also seek to strengthen the fight against racism, intolerance, bigotry, prejudice, discrimination, and anti-Semitism. The Congress of the United States joins those in Poland and elsewhere who are marking this solemn occasion. I particularly support, Mr. Speaker, this resolution's call for education about what happened during the Holocaust in general and at Auschwitz in particular. At that single camp, an estimated 1.1 million men, women, and children were slaughtered. All in all, more than 60 percent of the pre-World War II Jewish population perished during the Holocaust. Others drawn into the Nazi machinery of death included Poles, Roman and other nationalities, religious leaders and religious minorities, the mentally or physically handicapped individuals, those who were considered inferior by the Nazis. The lives of countless survivors were forever broken. When Soviet troops entered Auschwitz, they found hundreds of thousands of men's suits, more than 800,000 women's suits, and more than 14,000 pounds of human hair, a silent and grim testimony to the magnitude of the crimes that had been committed there. Mr. Speaker, throughout the last several years, the Helsinki Commission, which I chaired during the last 2 years, has tried to focus on this terrible rising tide of anti-Semitism that has been occurring throughout Europe, among the OSCE's 55 countries, and really throughout the world. I am very glad that the Global Anti-Semitism Awareness Act of 2004, which the gentleman from California (Mr. Lantos), the gentleman from Illinois (Mr. Hyde), and I and Senator Voinovich and the gentleman from Maryland (Mr. Cardin) all worked so hard to enact, now has given us its first installment, including a very comprehensive report, which the gentleman from California (Mr. Lantos) just read from, and which I would like to make a part of the RECORD as well. Members need to read this, Mr. Speaker. Anti-Semitism is on the rise, and it must be countered. A tourniquet must be put on this hate every time it reappears. When we first began to raise this issue, one of the focuses we brought to bear on the Parliamentary Assembly was the importance of Holocaust education. And I would ask every American when they visit Washington to go down to the Holocaust Museum and walk through that museum. Look at the pictures of the people doing the hail to Hitler, the Hail Hitler salute. Seemingly normal, everyday people who, whether they knew it or not, were buying into this extermination campaign that is the most horrific in all of human history. We would hope that when the Parliamentary Assembly comes to Washington in July that the 220-plus members of Parliaments from each of the countries will spend at least half a day going through the Holocaust Museum to remember so that the past does not become prologue. I would also point out to my colleagues that my own sense of Holocaust remembrance and education began when I was a young teenager, and a man who used to visit a store right next to my family's sporting goods store who was a survivor himself. I will never forget when he rolled up his sleeve one day and showed us that tattooed mark, the number. He was one of the lucky ones, like our good friend and colleague, the gentleman from California (Mr. Lantos), who survived this terrible time when hell was in session. So, again, this is another one of those issues that we all are deeply concerned about. There is no division between Democrat or Republican. And again I want to thank the gentleman from Illinois (Mr. Hyde) for his leadership on this as well. It has been extraordinary.

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