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article
Viewing Security Comprehensively
Monday, September 17, 2018By Alex Tiersky, Senior Policy Advisor, Global Security and Political-Military Affairs What does an annual human rights dialogue have to do with peace and security? To the uninitiated, the answer may not be obvious. The OSCE’s annual Human Dimension Implementation Meeting (HDIM) focuses on the compliance by participating States with the Helsinki Final Act’s ten guiding principles for relations between states, including respect for human rights, and with its humanitarian commitments. Like the OSCE’s annual reviews of the security and the economic/environmental dimensions, the HDIM is a deep dive into a specific group of issues embraced by the OSCE. Yet all three of these dimensions are inextricably intertwined. The 1975 Helsinki Final Act enshrined groundbreaking linkages between the rights of the individual and peaceful relations among states in the concept of comprehensive security. It explicitly recognized that democracy, fundamental freedoms, and the rights of persons belonging to minorities underpin regional peace and security. By signing the document, all OSCE participating States have agreed that lasting security cannot be achieved without respect for human rights and functioning democratic institutions. The Potential of Comprehensive Security Soviet dissident groups were among the first to recognize the potential of the Helsinki Final Act’s then-revolutionary linkages. According to Yuri Orlov in Ludmilla Alexeyeva’s memoir “Thaw Generation,” the founders of the Moscow Helsinki Watch Group observed that the act represented “the first international document in which the issue of human rights is discussed as a component of international peace,” empowering dissident groups to hold their own authorities to account for human rights violations by way of other governments’ assessments. American presidents have repeatedly underlined the significance of the comprehensive concept of security enshrined in the Helsinki Final Act. President Ronald Reagan, returning from discussions with his Soviet counterpart in October 1986, made clear that progress on lessening of tensions and possible arms control agreements would require trust between the two sides, and that this trust was in turn predicated on the Soviet government’s record on meeting human rights commitments: “… I also made it plain, once again, that an improvement of the human condition within the Soviet Union is indispensable for an improvement in bilateral relations with the United States. For a government that will break faith with its own people cannot be trusted to keep faith with foreign powers.” President George H.W. Bush in 1992 underlined that in the act, “participating States recognized respect for human rights as an ‘essential factor’ for the attainment of peace, justice and cooperation among nations.” President Barack Obama in 2015 hailed the act’s central conviction that “the security of states is inextricably linked to the security of their citizens’ rights.” The concept of comprehensive security also lay behind the establishment of institutions such as the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), which is tasked by the participating States with helping governments to meet their commitments to human rights and democracy. ODIHR describes its mission as “a cornerstone of the OSCE’s comprehensive concept of security.” Similarly, OSCE field missions helping OSCE participating States to strengthen their democracy and thereby their security through the implementation of the OSCE commitments in areas ranging from minority rights to media freedom. The relevance of human rights to building and upholding both internal and international peace has also been a reoccurring theme in the work of the OSCE Parliamentary Assembly. For example, in June 2017 the rapporteur of the OSCE PA Committee on Democracy, Human Rights, and Humanitarian Questions urged OSCE “governments to prioritize commitments to protect fundamental human rights and freedoms of every individual in addressing such pressing issues as countering violent extremism.” Comprehensive Security and the Helsinki Commission The comprehensive concept of security also inspired today’s U.S. Helsinki Commission. The commission has heard on numerous occasions from serving government officials just how crucial the relevance of human rights within states is to security among states. For instance, at a Helsinki Commission hearing while serving as Assistant Secretary of State for European and Eurasian Affairs, Philip Gordon emphasized, “The OSCE’s comprehensive approach to security offers a vehicle for engagement across the political, military, economic, and human rights dimensions. ... one of the most important features of the OSCE is that it recognizes that security is not just about what happens between states or beyond borders, but what happens within them.” At the same hearing, then-Assistant Secretary of State for Democracy, Human Rights, and Labor Michael Posner underlined, “Respect for human rights and fundamental freedoms within states is an essential element of security and prosperity among states. This principle lies at the core of the OSCE. Without a vigorous Human Dimension, the Helsinki Process becomes a hollow shell.” Helsinki Commissioners consistently emphasize the linkages between the various dimensions of security in all aspects of their work, including efforts to condemn torture; defend the rights of a free press; protect human rights and fundamental freedoms in the fight against terrorism; or underline the importance of individual liberty and the rule of law as the foundations of the NATO alliance. In 2017, all Senate members of the Helsinki Commission jointly introduced a introduced a bipartisan resolution urging President Trump to recognize the importance of the Helsinki Final Act and its relevance to American national security. As Chairman Roger Wicker observed, “Peace and prosperity in the OSCE region rest on a respect for human rights and the preservation of fundamental freedoms, democratic principles, and economic liberty.”
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briefing
Race, Rights, and Politics
Wednesday, September 12, 2018Today, Europe is grappling with the complex intersection of national identity, immigration, and security concerns, as well as a rise in xenophobic violence. As a result, European states are facing increased scrutiny of their efforts to integrate minorities and migrants, with some questioning the commitment of European governments to democratic principles and human rights. At the briefing, European political leaders discuseds the state of their democracies and recent efforts to address inclusion of Europe’s diverse populations, including findings from the European Parliament’s May 2018 People of African Descent Week and United Kingdom’s March 2018 Race Disparity Audit Report.
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press release
Helsinki Commission to Hold Briefing on Race, Rights, and Politics in Europe
Thursday, September 06, 2018WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: RACE, RIGHTS, AND POLITICS: BLACK AND MINORITY POPULATIONS IN EUROPE Wednesday, September 12, 2018 10:00 a.m. to 11:30 a.m. Rayburn House Office Building Room 2220 Live Webcast: www.facebook.com/HelsinkiCommission Today, Europe is grappling with the complex intersection of national identity, immigration, and security concerns, as well as a rise in xenophobic violence. As a result, European states are facing increased scrutiny of their efforts to integrate minorities and migrants, with some questioning the commitment of European governments to democratic principles and human rights. At the briefing, European political leaders will discuss the state of their democracies and recent efforts to address inclusion of Europe’s diverse populations, including findings from the European Parliament’s May 2018 People of African Descent Week and United Kingdom’s March 2018 Race Disparity Audit Report. The following speakers are scheduled to participate: MP Olivio Kocsis-Cake (Hungary) MP Clive Lewis (United Kingdom) MP Killion Munyama (Poland) MP Aminata Toure (Schleswig-Holstein, Germany) Nero Ughwujabo, Special Adviser to Prime Minister Theresa May, Social Justice, Young People & Opportunities (United Kingdom) Alfiaz Vaiya, Coordinator, European Parliament Anti-Racism and Diversity Intergroup (ARDI) Simon Woolley, Director, Operation Black Vote; Chair, Prime Minister’s Race Disparity Advisory Group (United Kingdom)
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briefing
Attacks on Roma in Ukraine
Wednesday, July 25, 2018Roma are the largest ethnic minority group in Europe and experience widespread discrimination and bigotry. Since the adoption of the 1990 OSCE Copenhagen Document, the U.S. Helsinki Commission has actively monitored and advanced the OSCE’s human rights commitments to Roma. Over the course of 2018, attacks on Roma in Ukraine have escalated dramatically. Several of the mob attacks have been filmed and broadcast in an attempt to intimidate Roma communities. The attacks have destroyed property, injured many, and killed at least one. Families, homes, and entire communities have been the target of these mob attacks. Since April, the Roma Coalition reported eight attacks against Roma settlements in Ukraine, and more than 150 people have fallen victim to these attacks. Although efforts have been made at the local, national, and international levels to counter this violence, much remains to be done. Helsinki Commission Counsel on International Law Erika Schlager explained, “These messages were intended to stoke fear and sow interethnic tension … by engaging sooner rather than later, it makes it more likely that the government can take the actions necessary to put an end to this kind of violence.” Halyna Yurchenko, coordinator of the NGO “Roma of Ukraine – TERNIPE,” added, “Most of the attacks were conducted on vulnerable groups quite below the poverty line and on those who live a traveling lifestyle. This traveling lifestyle is not a tradition but forced labor migration because of their difficult socio-economic situation.” Zola Kondur, founder of the Chiricli International Roma Women’s Fund, highlighted some of the other challenges that Roma face in Ukraine. For example, many Roma lack civil registration documentation such as birth certificates, passports, and proof of residence, which can prevent them from fully exercising rights such as the right to an education. Although the panel agreed that education is one of the most vital components for the success and integration of Roma, obtaining an education in Ukraine without such legal documentation is difficult; such documentation is required for a student to enroll. “The obstacle is that parents have to provide a lot of documents to prove that their child can attend the school belonging to that district” said Kondur. Even if a Roma child is enrolled successfully, Roma settlements are often situated far from schools; monthly contribution from parents; and they can face language barriers, and discrimination. The combination of no education and civil documentation makes obtaining a job difficult or even impossible. Although there are no official statistics for the current rate of unemployment of Roma, according to estimates from NGOs, only 38 percent of Roma are employed. Oskana Shulyar, Deputy Chief of Mission at the Embassy of Ukraine to the United States, acknowledged the grave humanitarian situation affecting Roma and explained how the Ukrainian government’s continuously tries to assist one of its nation’s most vulnerable groups. “Ukraine is strongly committed to principles of tolerance and nondiscrimination of all ethnic groups, including the Roma community,” she said. Alongside the Ministry of Internal Affairs of Ukraine, law enforcement, and national security, grassroots organizations and local governments are working to create a safer community for Roma. Shulyar stated, “We need the continuous support from our partners, including the United States … to support Ukrainian reforms.” Suggestions by the panelists to improve the situation of Roma in Ukraine and counter the increasing attacks on this vulnerable minority included better monitoring and assessment of hate crimes in Ukraine; careful identification of hate as a motive so that government can properly identify and counter increases in these crimes; and more effective efforts to prosecute and convict perpetrators of violent hate-motivated acts. Panelists also recommended that individuals or groups implicated in such violence be barred from state funding, and that Roma should be included in the policy making process, especially if there is consideration of updating Ukraine’s 2013 strategy for inclusion in light of the recent attacks. Click here to see the full timeline of the attacks.
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press release
Helsinki Commission Briefing to Examine Attacks on Roma in Ukraine
Monday, July 23, 2018WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ATTACKS ON ROMA IN UKRAINE Wednesday, July 25, 2018 10:00 a.m. Senate Visitor Center Room SVC 214 Live Webcast: www.facebook.com/HelsinkiCommission Over the course of 2018, attacks on Roma in Ukraine have escalated dramatically. Several of the mob attacks have been filmed and broadcast in an attempt to intimidate Roma communities. The attacks have destroyed property, injured many, and killed at least one. This briefing will examine the impact on Romani communities, possible patterns in the attacks, and the response of the Ukrainian government. Panelists will also offer policy recommendations for protecting what is arguably Ukraine’s most vulnerable minority. Panelists scheduled to participate include: Zemfira “Zola” Kondur, Romani human rights activist; Founder, Chiricli International Roma Women’s Fund Halyna Yurchenko, Coordinator, the NGO “Roma of Ukraine - TERNIPE” Oksana Shulyar, Deputy Chief of Mission and Minister Counselor, Embassy of Ukraine to the United States
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publication
The OSCE and Roma
Friday, July 13, 2018Roma are the largest ethnic minority in Europe and are present in most of the participating States of the Organization for Security and Cooperation in Europe. Concentrated in post-communist Central and Southern Europe, the Romani population is estimated at over 12 million in EU countries, with significant numbers in former Soviet republics, the Balkans, and Turkey. Roma have been part of every wave of European immigration to North American since the colonial period. There may be as many as one million Americans with Romani ancestry. Roma have historically faced persecution in Europe and were the victims of genocide during World War II. In post-communist countries, Roma suffered disproportionately in the transition from command- to market-economies, in part due to endemic racism and discrimination. Over the past three decades, Helsinki Commissioners have led the effort in Washington to condemn racially motivated violence against Roma, including pogroms, murders, other violent attacks, and police abuse. The Helsinki Commission has also advocated for recognition of the enslavement and genocide of Roma and redress for sterilization without informed consent. The Commission has addressed race-based expulsion of Roma, the denial of citizenship to Roma after the break-up of federative states, and the consequences of ethnic conflict and war in the Balkans. The Helsinki Commission strongly supported the first international agreement to specially recognize the human rights problems faced by Roma, adopted by OSCE participating States in 1990. Download the full report to learn more. Contributor: Erika Schlager, Counsel for International Law
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press release
Chairman Wicker Introduces Resolution Emphasizing Importance of NATO to Regional Security
Thursday, June 28, 2018WASHINGTON—Helsinki Commission Chairman Sen. Roger Wicker (MS) introduced a bipartisan resolution (S.Res.557) emphasizing the importance of NATO to the collective security of the transatlantic region and urging its member states to work together to strengthen the alliance at the July 11-12 NATO summit in Brussels. “NATO remains the cornerstone of transatlantic and global security. This resolution underlines the need for our allies to boost their contributions to our collective defense. It also encourages practical steps at the upcoming NATO summit to bolster the alliance’s effectiveness against current and emerging threats,” said Chairman Wicker. “We must always work to strengthen the alliance if we want it to serve our collective security as well as it has in its first seven decades.” Sen. Ben Cardin (MD), a senior member of the Senate Foreign Relations Committee and ranking Senate commissioner, is the lead co-sponsor of the resolution. Other original co-sponsors of S.Res.557 include Helsinki Commissioners Sen. Thom Tillis (NC) and Sen. Jeanne Shaheen (NH), who also co-chair the Senate NATO Observer Group. “NATO summits are important occasions to send messages of solidarity with our NATO allies and reaffirm our continued commitment to transatlantic principles, including democracy and the rule of law,” said Sen. Cardin. “This resolution underlines that NATO is rooted in a foundation of shared values, and that any backsliding on individual liberty, corruption, or human rights risks eroding that foundation.” S.Res.557 reaffirms the enduring commitment of the United States to NATO’s collective defense, enshrined in Article 5 of the North Atlantic Treaty, and urges all NATO member states to be prepared to meet their respective Article 5 obligations. It also pledges support for measures to deter Russian aggression against the territory of any NATO ally. The resolution underlines the need for NATO’s “open door policy” to remain in effect and for the alliance to extend an invitation to any aspirant country that has met the conditions required to join NATO. Finally, it urges leaders at the Brussels summit to ensure the alliance makes key changes to meet urgent security threats and counter new challenges. “As I stated when we re-established the NATO Observer Group, our alliance must be prepared to face a broad range of threats, including hybrid and cyber threats from Russia and other adversaries,” said Sen. Tillis. “A strong and committed NATO alliance remains vital as our community of democracies continues to expand and thrive.” “This resolution underscores the need for the United States to work closely with our allies to modernize NATO to respond to the ever-evolving threats facing western democracies, particularly from the Kremlin,” said Sen. Shaheen. “Continued cooperation with NATO allies will be integral to our efforts to safeguard our country’s national security and protect the United States.”
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article
Inaugural PADWEEK Addresses Racial Discrimination across Europe
Friday, June 08, 2018On May 19, 2018, African-American Meghan Markle wed Prince Harry at St. George’s Chapel in Windsor, England. Black culture was celebrated throughout the event: Queen Elizabeth II’s first female black chaplain offered prayers, a black British choir sang African-American Ben E. King’s “Stand By Me,” and Chicago-based African-American Episcopalian bishop Michael Curry quoted civil rights icon Martin Luther King Jr. during his wedding address, preaching on “the power of love.” However, the public discussion leading up to the wedding was riddled with racial stereotyping and prejudice spurred by Markle’s biracial identity—her father is white and her mother is black. British news outlets were heavily criticized for racial insensitivity after commenting on Markle’s “unconventional family,” and using phrases like “unlikely pairing” to further differentiate between the prince and Markle. Unfortunately, racial bias is not confined to Markle—now Duchess of Sussex—but instead extends to many black people in Europe. According to four comprehensive reports from the Organization for Security and Cooperation in Europe, the European Commission, the EU Agency for Fundamental Rights, and Open Society Foundations, a significant percentage of the estimated 15–20 million people of African descent living in Europe have experienced high rates of prejudice and discrimination. Just days before the wedding, racial equality advocates from across Europe gathered in Brussels to address this problem. At the inaugural People of African Descent Week (PADWEEK), organized by the European Parliament Anti-Racism and Diversity Intergroup, Transatlantic Minority Political Leadership Conference, Each One Teach One, and the European Network Against Racism, more than 100 black European activists discussed current racial injustices in Europe and recommended ways for European leaders to respond to increasing hate and discrimination across the region. Attendees included black policymakers, business leaders, and human rights activists from across Europe. Helsinki Commissioners Rep. Alcee Hastings (FL-20) and Rep. Gwen Moore (WI-04) were two of nine honorary hosts. “Whether in America or Europe, we must all do more to uphold the democratic values of our nations,” Commissioner Hastings said in a statement. “Skin color should not determine one’s access to rights, protections, and opportunities in a democracy.” Though the agenda was full with discussions ranging from BREXIT to migration to Africa-EU relations, PADWEEK addressed issues of racial discrimination head-on and introduced new ways to find solutions. It called for change to a well-ingrained European system that has left black people by the wayside for centuries. Race and legal issues were raised repeatedly in discussions. German legal expert and human rights activist Thomas Ndindah called for justice for Oury Jalloh, an asylum seeker who burned to death in a German police cell while handcuffed to a mattress in 2005. Participants also questioned a so-called “Marshall Plan” for Africa, the name of which alludes to the American-European economic plan that helped rebuild Western Europe following World War II. Participants voiced concerns that African countries were not being viewed as equal partners in the negotiations or consulted on the name. Instead, many attendees viewed the plan as Europeans paying African governments to keep unwanted African migrants from reaching Europe, while at the same time purposefully attracting Africa’s highly skilled professionals to Europe. This raised one question: how would Africa benefit from this “Marshall Plan” for Africa if Africa’s brightest and best were contributing to countries elsewhere? The week ended with a list of recommendations from participants and a passionate speech by Mirielle Fanon-Mendes-France, daughter of twentieth century philosopher Frantz Fanon. She called on European institutions to deliver on longstanding promises to address the ongoing impact of colonialism and slavery on the present-day well-being of black Europeans. Recommendations from PADWEEK included: Recognizing the history of past injustices by adopting a European Black History Month and a Remembrance Day for victims of colonialism and enslavement Supporting empowerment and anti-discrimination initiatives by funding black-led civil and human rights organizations Adopting legislation in the European Parliament on an EU Framework for National Strategies for Equality and the Inclusion of People of African Descent in Europe
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in the news
And then, they took her cellphone
Thursday, May 17, 2018Yesterday I received word that Pavla Holcova, a brave and unflappable Czech journalist, had been summoned by Slovakian police, who are investigating the murder of investigative journalist Jan Kuciakearlier this year. She took a 4-hour train ride from Prague to Bratislava and voluntarily presented herself at their headquarters. She has cooperated with the investigation since its earliest stages, but on this occasion, she was interrogated for eight hours. She was eventually released, but not before her cellphone was confiscated. The prosecutor who signed the order to take her cellphone and access its data is not assigned to the murder case, and he declined to explain why the authorities needed her phone. Holcova is not under any sort of criminal investigation. Quite the opposite, in fact. But Slovak authorities, acting suspiciously like the thuggish security forces found in repressive states, appear to be trying to shut her down. During the interrogation, she was repeatedly told that her reporting was “always against the system.” Not only is Slovakia a member of the European Union, until last year it ranked — along with much of Europe — as having one of the world’s freest media landscapes. Not anymore. This was merely the latest attempt by Slovakian authorities to harass the colleagues, friends and family of a reporter who was killed for doing his job. I met Holcova last week. She and I were part of a panel discussion in Washington titled “A Deadly Calling,” organized by the Helsinki Commission and designed to raise awareness for and address the assassinations of two investigative journalists in the European Union: Daphne Caruana Galizia in Malta last October, and Kuciak in Slovakia this February. The panel included Caruana Galizia’s son, Matthew — himself a Pulitzer Prize-winning investigative reporter — and Holcova, who worked closely with Kuciak to report on official corruption and the Slovakian government’s ties with organized crime. It was this reporting that, many believe, prompted the murders of Kuciak and his fiancee, Martina Kusnirova. Our panel — which also included Robert Mahoney of the Committee to Protect Journalists, a watchdog group that tracks attacks on press freedom — offered an unvarnished look at the rising threats to freedom of expression around the world. In Slovakia, the Kuciak case represents a fundamental test of a young democracy. There has been a major public backlash there, with tens of thousands of ordinary citizens joining street protests demanding justice for the killings. Several high-level resignations have resulted, with the most notable casualty being Prime Minister Robert Fico. Holcova believes there is reason to hope that justice will prevail, and that reform and the rooting out of corruption are possible. But she remains skeptical. “Even though the changes made in the government are rather cosmetic,” she told me. “The most influential government members were replaced by people from the very same political party.” Less visible to the public, though, are the lasting scars these attacks have on loved ones of the slain journalists and the ongoing attempts to deter them from seeking justice. Holcova says she is lucky in that she has a strong support network of friends and family, “but sometimes I feel I might be indeed ‘toxic’ and I am afraid someone might get hurt because of me. This potential guilt is painful and even sometimes paralyzing.” That’s a familiar feeling to many journalists operating in authoritarian societies or scrutinizing high-level corruption. But this isn’t a situation we should tolerate in silence. Impressively, Holcova says she remains undeterred. I asked whether she had ever thought about giving up the effort to find her friend’s killers. “Yes, sure. I will stop pursuing this case, when the people really involved (not just the proxies) will be brought to justice.” Incidentally, this interview was conducted entirely by email. Why? Because Slovakian authorities still have Holcova’s phone, and have offered no indication of when they plan to return it. The public shaming of governments — especially fragile ones — for their bad behavior is one of the best tools available in places where the rule of law has not been completely eviscerated. Slovakia is one of those countries hanging in the balance. We should do all we can to support their struggle to mature into a viable democracy with a strong future. Officials there, Holcova wrote, “did not care that much in past. But I believe they do now. At least a bit more. The reputation of Slovak government is very much damaged, the trust in state institutions such as police or prosecutors is very low.” There’s one very simple way the Slovakian authorities can begin to repair their image. They should return Pavla Holcova’s cellphone immediately.
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briefing
How to Get Human Rights Abusers and Kleptocrats Sanctioned under the Global Magnitsky Act
Tuesday, March 13, 2018The workshop provided human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. Sanctions experts described, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also discussed the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists shared investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates.
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press release
Helsinki Commission Workshop to Explain Global Magnitsky Sanctions Process
Wednesday, March 07, 2018WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced a workshop to provide human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. HOW TO GET HUMAN RIGHTS ABUSERS AND KLEPTOCRATS SANCTIONED UNDER THE GLOBAL MAGNITSKY ACT Tuesday, March 13, 2018 3:00 p.m. Capitol Visitor Center Room SVC 212-10 Live Webcast: www.facebook.com/HelsinkiCommission Sanctions experts will describe, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also will discuss the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists will share investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates. Panelists include: Rob Berschinski, Senior Vice President, Human Rights First; former Deputy Assistant Secretary of State Brad Brooks-Rubin, Managing Director, The Sentry; formerly with the Departments of State and Treasury Bill Browder, Founder and Director, Global Magnitsky Justice Campaign Mark Dubowitz, CEO, Foundation for Defense of Democracies Adam Smith, Partner, Gibson, Dunn & Crutcher; formerly with the National Security Council and Department of Treasury Josh White, Director of Policy and Analysis, The Sentry; formerly with the Department of Treasury The Global Magnitsky Act is a powerful new tool for deterring human rights violations and fighting corruption. Presence on this list freezes any U.S. assets an individual may hold, blocks future transactions within the U.S. financial system, and bans any travel to the United States. By sanctioning individuals who engage in the worst abuses of power, the United States hardens its own system to external abuse while extending moral support and solidarity to those whose fundamental freedoms are curtailed or denied.
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briefing
The Situation of Roma
Tuesday, November 07, 2017The Helsinki Commission hosted a conversation with Swedish Member of the European Parliament (MEP) Soraya Post, one of only two Roma in the EU’s 751-member legislative body, and Dr. Ethel Brooks of Rutgers University, a U.S. Romani scholar and Member of the Board of the European Roma Rights Center and United States Holocaust Memorial Museum Council. The briefing focused on Roma, the largest ethnic minority in the European Union, with an estimated population of 12 to 15 million. However, Roma are severely underrepresented in parliaments and other leadership roles across Europe, and face some of the highest level of discrimination on the continent. MEP Post was introduced by Dr. Brooks. Together, MEP Post and Dr. Brooks outlined the incredible challenges Roma face in the form of social exclusion, political under-representation, and economic inequality. Dr. Brooks stated that the experience of Roma included “racism, forced evictions, racially motivated attacks, police abuse, segregation, inhuman and degrading treatment, housing discrimination, expulsions and marginalization, educational segregation and the denial of access to schools, of unfair detention, hate speech, and hate crimes among other forms of violence [and the need to combat] structural forms of anti-Romani racism at all levels.” MEP Post spoke specifically to the challenges she faces in the European Parliament as she works to ensure Romani interests and rights are defended, and highlighted the need for more concerted efforts to undermine anti-Roma discrimination at the national level. MEP Post has spearheaded efforts in the European Union to address the situation of Roma, including drafting a recent report on improving the situation of Roma being discussed in the European Parliament. Two weeks ago MEP Post introduced a resolution in the European Parliament on fundamental rights aspects of Roma integration in the EU, which was adopted by an overwhelming majority in the European Parliament. The report and resolution are historic in that they call for efforts to addresses the structural, far-reaching aspects, practices, and manifestations of anti-Roma discrimination. Recommendations from the legislative efforts include setting up truth and reconciliation commissions at both the national and EU levels in member states and in the EU, documenting findings in an official white paper, and making the history of Roma part of the curricula in schools. Other recommendations include ensuring that EU employment and education programs reach Roma; clearly condemning and sanctioning anti-Roma hate speech in EU Member States and national parliaments; compensating Roma women subjected to forced sterilization; investigating and preventing unlawful removals of Roma children from their parents; and implementing measures to ensure equal treatment of Roma in the fields of education, employment, health and housing, as well as an improved EU framework for national Roma integration strategies after 2020. The impetus for including a truth commission in the EU legislation came from a Swedish effort MEP Soraya Post led that resulted in a Swedish apology to Roma and a government white paper detailing anti-Roma abuses throughout Swedish history, ranging from laws banning Roma to enter the country from 1914-1954 to forced sterilization. The briefing ended with statements from the panelists on the importance of supporting efforts that unite societies, and noted recent OSCE efforts to increase Roma political participation as part of the solution. The Helsinki Commission has had a long track record of engagement on issues relating to the human rights of Roma including addressing mob violence against Roma; ending sterilization without informed consent of Romani women; addressing the denial of citizenship and the loss of identity documents for Roma, particularly in the context of the breakup of Czechoslovakia, the Soviet Union, and Yugoslavia; encouraging remembrance of and teaching about the genocide of Roma; and countering prejudice and discrimination against Roma in the context of our larger efforts to address racism and anti-Semitism.
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press release
Situation of Roma in Europe to Be Reviewed at Upcoming Helsinki Commission Briefing
Wednesday, November 01, 2017WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “THE SITUATION OF ROMA: MEP SORAYA POST DISCUSSES EUROPE’S LARGEST ETHNIC MINORITY” Tuesday, November 7, 2017 10:00 am to 11:00 am Senate Visitors Center Room 215 Live Webcast: www.facebook.com/HelsinkiCommission Roma are the largest ethnic minority in the European Union, with an estimated population of 12 to 15 million. The Helsinki Commission will host a conversation with Swedish Member of the European Parliament (MEP) Soraya Post, one of only two Roma in the EU’s 751-member legislative body. MEP Post will be introduced by Dr. Ethel Brooks, Chair of the Board of Directors of the European Roma Rights Center. MEP Post has spearheaded efforts in the European Union to address the situation of Roma. She has drafted a report on improving the situation of Roma that will be discussed in the European Parliament in late 2017. The OSCE was the first international organization to explicitly recognize the human rights situation of Roma.
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article
Profile: Dr. Petra Gelbart
Tuesday, September 19, 2017From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. In particular, OSCE agreements address issues relating to the human rights of Roma, Holocaust remembrance, and preserving sensitive sites of remembrance. During the Nazi occupation of the Czech lands, an internment camp in the Czech village of Lety became a concentration camp for Roma. Around 1,300 people were imprisoned there, including many children. Some died in Lety as a result of the horrible conditions in the camp. Many more were deported and perished at Auschwitz. An estimated three hundred survived. In some ways, Lety is as emblematic of the experiences of Roma both during the and after the Holocaust. During the communist period, a pig farm was established on the site of the former concentration camp. After the fall of communism, the existence of the pork processing facility became an enduring controversy, generating progressively more frequent protests. In recent years, Czech officials moved closer to a decision to remove the pig farm. In August, the Czech government announced agreement had been reached with the owners of the site on a purchase price, paving the way for the farm’s removal. The United States subsequently welcomed the progress made by the Czech Republic. Helsinki Commission Chairman Senator Roger Wicker observed, “[t]his achievement is the culmination of decades of work on the part of survivors, human rights groups, members of the Helsinki Commission, and others. It paves the way for a dignified and appropriate memorial for the thousands of men, women, and children who suffered and died there.” At the opening of this year’s OSCE’s Human Dimension Implementation Meeting, the Czech Republic – the only European Union country to speak at the opening in its national capacity, in addition to supporting a joint EU statement – drew attention to this breakthrough: “Against the backdrop of the deteriorating situation of human rights and fundamental freedoms in the OSCE, heightened attacks leveled at civil society, media and persons belonging to minorities, it remains crucial to continue promoting and protection fundamental OSCE commitments and principles. In this context, we would like to highlight the recent positive developments in the implementation of the Czech Republic’s Roma Integration Strategy 2015-2020. I have in mind the issue of the former Gypsy Concentration Camp in Lety u Pisku.” In light of these developments, the Helsinki Commission had a conversation with Dr. Petra Gelbart. Dr. Gelbart is a Romani ethnomusicologist who uses music and academic research to advocate for the remembrance of Romani victims of the Holocaust.[iv] She frequently speaks to a wide range of audiences about Romani music, culture, and their persecution during the Holocaust. She has also served as a Public Member on a U.S. delegation to an OSCE Human Dimension Implementation Meeting. Born in Czechoslovakia and the granddaughter of Holocaust survivors, Dr. Gelbart was introduced to Romani language, music, and culture at a young age. Her personal background drove her passion to study Romani culture further and to become an educator in Romani music, history, and other socio-political issues. “My family’s experience during the Holocaust was the primary motivator in my decision to become involved in commemoration efforts,” Dr. Gelbart says. “Increasingly, I am also coming to terms with how much this background has shaped my personal identity and psychological makeup, so continuing the work is important for my mental wellbeing.” She first studied musicology at UC Berkeley. Shortly after finishing her degree, she went on to pursue her postgraduate studies and earned a Ph.D. in ethnomusicology from Harvard University. Dr. Gelbart co-founded the Initiative for Romani music at New York University and is currently the music curator for RomArchive. She has also taught ethnomusicology, music psychology, as well as Romani music and language at the university level. Her research has focused on interethnic communication, the Holocaust, music psychology, and institutional ethnography. “I try to take what people think they know about so-called ‘Gypsies,’ and replace it with something that's much more based in reality,” she explains. Dr. Gelbart passionately advocates for the use of music to not only educate about Romani culture, but also to reflect upon the difficult aspects of this community’s history. “Oral traditions and personal memoirs have kept the memory of the Holocaust alive among Roma and Sinti even in the absence of sympathetic institutions,” she observes. “The song Chajori Romani, for example, is considered an anthem of both Czech and Slovak Roma. It has a generic, happy text about a Romani girl, but also an alternate text that recounts the conditions of a concentration camp. Thus, even though the Holocaust-related text is sung less frequently, it looms in the background of this popular memory, which has come to be known as ‘the Romani lament’ regardless of which lyrics are being sung.” “When people pay close attention to Romani music, they can learn not only things they may not have expected to find out about Roma and Sinti, but also about themselves,” Dr. Gelbart notes. “For example, many people associate Manouche (French Romani) people with Gypsy Jazz, and Gypsy Jazz with emotive passion. On objective analysis, however, it turns out that strong sentiments tend to be projected onto Gypsy Jazz and its performers, based on stereotypes of ‘Gypsies,’ rather than being inherent in the music itself. Also, some of the composers and performers who may be perceived as wild musicians have in fact produced decidedly tame, deeply reflective musical pieces, including a few with Holocaust-related themes.” She continues, “Students and lecture audiences are surprised by the existence of Romani Holocaust songs, and as a consequence some of them ask why they were previously never exposed to the voices of Roma and Sinti in Holocaust education. At that point, it is useful to point out that just as Roma and Sinti expressed their grief and ongoing fears for their safety in songs during and after World War II, some of them also wrote memoirs or formed organized commemoration narratives. The image of Romanies as unschooled or illiterate is persistent, and yet Holocaust-related education shows Romani traditions in a rather different light.” Dr. Gelbart works to educate her students and colleagues about the discrimination Romani face in Europe and to correct the offensive misconceptions many hold about them. One challenge she faces in educating people about the Romani experience during the Holocaust is undoing the erasure of Romani victimhood from historical narratives. Throughout much of Europe, the Romani were formerly not a legally recognized ethnic group and thus were excluded from regional Holocaust memory and discouraged from speaking out about their experiences. “It is absolutely true that the continued, state-sponsored shaming of Romani cultures made surviving Romani families very unlikely to speak out about their wartime experiences,” Dr. Gelbart explains. “There is an enduring misconception that Romani Holocaust remembrance is typically private,” she continues. “In reality, Romani attempts to give public testimony about genocide have largely paralleled post-war developments in Jewish families, albeit at a slower pace.” In August, the Czech government agreed to remove the pig farm from the Lety concentration camp site. Dr. Gelbart believes that this decision is symbolic of the gradual inclusion of Romani Holocaust experiences in mainstream discourse. “The pig farm at Lety, along with the recreational complex on the site of the Hodonin camp (where my great-great-grandmother was murdered by a Czech guard), are symbolic of not only the imperative to include Roma and Sinti fully in mainstream discourse on the Holocaust, but also the need to examine why the Romani Holocaust tends to be relegated to footnotes,” she says. Though she sees improvement in the perspectives and treatment of Romani communities and history, Dr. Gelbart argues that the Romani experience during the Holocaust is understudied and that this trend reflects itself in lasting discrimination towards the community. “In my opinion, the most important part of remembrance is making connections to present-day perils,” she explains. “We can honor the work of the Roma and allies who have fought for the dignity of the Lety victims, but we must not stop publicly pointing out the larger context of this struggle.” Dr. Gelbart is committed to expanding the study and inclusion of Romani history and culture in the public sphere. She urges governments to take greater care in promoting Romani rights and society to learn more about the Romani, while elevating their memory above mere victimhood. “Every book, every college course, every school curriculum and every ceremony commemorating the Holocaust should strive to make its audience aware of the difference between how Romanies are assumed to be and how they actually live their lives. It can be as simple as saying that ‘Roma and Sinti are a highly diverse ethnic group, with many communities striving for social integration. The same ideologies that labeled Romanies as subhuman in times of genocide are hindering their education, employment, and even physical safety in the twenty-first century.’ If nothing else, we need to show Romani students in both Europe and the Americas that their existence and their heritage are worth as much as any other group’s,” she says. Dr. Gelbart’s activism within the Romani community extends beyond the classroom. She works with Czech families who foster or adopt Romani children. She is also interested in the role music plays in therapy, specifically in rehabilitative and developmental therapy. She is based in New York.
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article
The 2017 Human Dimension Implementation Meeting: An Overview
Friday, August 18, 2017Each year,1 the OSCE Office for Democratic Institutions and Human Rights (ODIHR) organizes the Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. The 2017 HDIM will be held from September 11 to September 22. Human Dimension Implementation Meeting 2017 The HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma. Each year, three special topics are selected for a full-day review. 2017 special topics will be 1) ensuring “equal enjoyment of rates and participation in political and public life,” 2) “tolerance and nondiscrimination,” and 3) “economic, social and cultural rights as an answer to rising inequalities.” This year’s meeting will take place at the Warsaw National Stadium (PGE Narodowy), the site of the NATO summit earlier this year. The meeting will be webcast live. Background on the Human Dimension Implementation Meeting When the Helsinki Final Act was signed in Finland in 1975, it enshrined among its ten Principles Guiding Relations between Participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the Final Act included a section on cooperation regarding humanitarian concerns, including transnational human contacts, information, culture and education. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as trafficking in human beings and refugees), and concerns relating to tolerance and nondiscrimination (e.g., countering anti-Semitism and racism). One of the innovations of the Helsinki Final Act was agreement to review the implementation of agreed commitments while considering the negotiation of new ones. Between 1975 and 1992, implementation review took place in the context of periodic “Follow-up Meetings” as well as smaller specialized meetings focused on specific subjects. The OSCE participating States established permanent institutions in the early 1990s. In 1992, they agreed to hold periodic Human Dimension Implementation Meetings” to foster compliance with agreed-upon principles on democracy and human rights. Additional changes to the modalities for the HDIM were agreed in 1998, 2001, and 2002, which included shortening the meeting from three weeks to two weeks, and adding three “Supplementary Human Dimension Meetings” annually on subjects selected by the Chairmanship-in-Office on particularly timely or time-sensitive issues. One of the most notable features of the HDIM is the strong participation of non-governmental organizations. The United States has been a strong advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE modalities allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. 1 In exceptional years when the OSCE participating States hold a summit of heads of state or government, the annual review of human dimension commitments is included as part of the Review Conference which precedes the summit, and also includes a review of the political-military and economic/environmental dimensions.
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briefing
Democracy in Central & Eastern Europe
Wednesday, July 26, 2017On July 26, 2017, the U.S. Helsinki Commission held a briefing on “Democracy in Central and Eastern Europe: Renewing the Promise of Democratic Transitions.” This briefing followed a series of roundtable discussions and other events earlier in the year relating to this region, demonstrating the Helsinki Commission’s interest in Central and Eastern Europe. Erika Schlager, Counsel for International Law for the U.S. Helsinki Commission, welcomed panelists Andrew Wilson, the Managing Director of the Center for International Private Enterprise (CIPE); Peter Goliaš, Director of the Institute for Economic and Social Reforms in Slovakia; András Lőke, Chair of Transparency International in Hungary; and Marek Tatała, Vice-President of the Civil Development Forum in Poland. Jan Surotchak, Regional Director for Europe at the International Republican Institute (IRI), and Jonathan Katz, Senior Resident Fellow at the German Marshall Fund of the United States (GMF) added Washington policy perspectives. The discussion was moderated by Martina Hrvolova, Central Europe and the Balkans Program Officer at CIPE. The panelists provided a background on democracy in the regional context, as well as on the specific case studies of Slovakia, Hungary and Poland. Andrew Wilson observed that new democracies of Central and Eastern Europe face serious stresses that raise questions about the resilience of their democratic transitions and threaten to undo the remarkable progress the countries made during the last three decades. He argued that the problems in the region do not stem from the failure of democracy, but rather a failure to more actively pursue its consolidation. Peter Goliaš offered a brief overview of the current state of democracy in Slovakia. He described the findings of a recent public opinion poll that paint a very bleak picture of how Slovakians see the current state of democracy in their country. He argued that a main reason for people’s dissatisfaction with democracy has been the perception that politicians do not work in the public’s interest, but in the interest of the oligarchs. He projected that current political trends will lead to the continued slow deterioration of Slovak democracy. To stop this deterioration, Goliaš proposed several short- and long-term measures that he believes would strengthen the rule of law and civil society in Slovakia. András Lőke cited the reports of several influential NGOs to describe the current state of Hungarian democracy. While both Freedom House and Transparency International still give moderate scores to Hungary on the level of freedom and corruption, Hungary is trending downward on every indicator that were examined. Lőke argued that the most telling figures were found in the World Economic Forum’s Global Competitiveness Report, which ranked Hungary very poorly based on an assessment of the rule of law and the level of corruption. After identifying the challenges facing Hungary today, Lőke outlined a list of solutions to these problems that would ultimately enable civil society to reassert its role in maintaining transparency and accountability in governance, and generally increase the crucial engagement of civil society in public affairs. Marek Tatała assessed the state of democracy in Poland, arguing that while the country remains a democracy, its current political leadership is weakening rather than strengthening its democratic development. Tatała observed that laws on the constitutional tribunal and on the organization of courts, and the rapid nature of the legislative process, have been harmful to the rule of law in Poland. He underlined the need for a higher level of engagement of the business community in public affairs, and a better quality of education that is more focused on civic engagement and economic literacy. Following up on the three country case studies, Jan Surotchak presented the findings of a recent poll conducted as part of IRI’s Beacon Project. The findings revealed a number of disturbing trends in Central and Eastern Europe, including waning support for core transatlantic institutions; tensions over the nature of European identity; and a deep discontent with socioeconomic challenges in the region. Most importantly, the study confirmed that there is a strong correlation between socioeconomic disparities in these countries and their vulnerabilities to Russian influence. Finally, Jonathan Katz emphasized the need to increase the United States’ bilateral and joint diplomatic engagement and development assistance efforts in the region to support continued democratic and economic transition. More specifically, Katz presented four core strategies that he argues are needed, which included the establishment of joint US-EU mechanisms to strengthen development cooperation and coordination in the entire OSCE region. The panelists agreed that any external development assistance should primarily support the work of civil society in Central and Eastern Europe, with a special focus on communication campaigns. Particular emphasis should be given to the improvement of the education system with a focus on promoting discussions with students. Marek Tatała also argued that given the fairly strong ties of these countries’ leaders with the United States, a stronger voice from the current US Administration regarding negative developments in Slovakia, Hungary, and Poland would be also welcome and effective. With regard to action from Congress, panelists argued that resources for development assistance could come in the form of a congressional authorization bill. Panelists also noted that to be effective, any external development fund that targets NGOs or the civil society must be monitored by donors to avoid corruption. Panelists observed that the Congress could play a particularly important role in providing oversight of such assistance programs and making sure that their spending follow very strict guidelines.
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press release
Democracy in Central & Eastern Europe Focus of Upcoming Helsinki Commission Briefing
Tuesday, July 18, 2017WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: DEMOCRACY IN CENTRAL AND EASTERN EUROPE: RENEWING THE PROMISE OF DEMOCRATIC TRANSITIONS Wednesday, July 26, 2017 2:00 PM to 4:00 PM Capitol Visitors Center Room SVC-215 Live Webcast: www.facebook.com/HelsinkiCommission In 1990, at a moment of historic transition, the countries of the Organization on Security and Cooperation in Europe adopted a watershed agreement recognizing the relationship between political pluralism and market economies. To advance both, they committed to fundamental principles regarding democracy, free elections, and the rule of law. In recent years, however, concerns have emerged about the health of the democratic transition in Central and Eastern Europe, particularly in the face of ongoing governance challenges and persistent corruption. At this briefing, speakers will examine the current state of democracy in Central and Eastern Europe and analyze efforts to address the region’s challenges. They will also discuss the declaration adopted on June 1 by civil society representatives, members of business communities, and others, which seeks to reinvigorate the region’s democratic trajectory, support democratic and economic reform, and strengthen the transatlantic partnership. The following panelists are scheduled to speak: Andrew Wilson, Managing Director, Center for International Private Enterprise Peter Golias, Director, Institute for Economic and Social Reforms, Slovakia Andras Loke, Chair, Transparency International, Hungary Marek Tatala, Vice-President, Civil Development Forum, Poland Additional comments will be provided by: Jan Surotchak, Regional Director for Europe, International Republican Institute Jonathan Katz, Senior Resident Fellow, German Marshall Fund
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article
2017 Trafficking in Persons Report – the OSCE Region
Tuesday, June 27, 2017Human trafficking remains a pressing human rights violation around the world with the International Labor Organization estimating that nearly 21 million people are enslaved at any given time, most of them women and children. As part of U.S. efforts to combat human trafficking, the U.S. Department of State today released the 2017 Trafficking in Persons Report (TIP Report), reflecting the efforts of 187 countries and territories to prosecute traffickers, prevent trafficking, and to identify and assist victims, as described by the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Trafficking Victim Identification and Care: Regional Perspectives According to the new TIP Report, in the 2016 reporting year, countries in the OSCE region identified 304 more trafficking victims than in the previous year, for a total of 11,416 victims. This increase is particularly notable when compared to the East Asia and Pacific, Near East, South and Central Asia, and Western Hemisphere regions, where victim identification declined, but still maintained a generally upward trend over 2014. Trafficking victim identification and care is critical for proper management of refugee and migrant flows. In order to help law enforcement and border guards identify trafficking victims among the nearly 400,000 migrants and refugees entering the region last year, the OSCE Office to Monitor and Combat Trafficking in Human Beings launched a new project to conduct multiple trainings, including simulation exercises, through 2018. The first training in November 2016 included participants from 30 OSCE participating States. Victim identification and care are also critical for successful prosecutions. Nearly every region of the world saw a drop in prosecutions of human traffickers, but an increase in convictions in the 2016 reporting year. This trend may reflect a growing knowledge among prosecutors of how to successfully investigate and prosecute a trafficking case. It also may reflect an overall increase in trafficking victims who have been identified, permitted to remain in-country, and cared for such that the victims—now survivors—are ready, willing, and able to testify against their traffickers. Despite the dramatic decline in prosecutions (46 percent) in the OSCE region, convictions held steady at nearly the same numbers as the previous year. Individual Country Narratives Along with regional statistics, the TIP Report also provides individual country narratives, recommendations for the most urgent changes needed to eliminate human trafficking, and an assessment of whether the country is making significant efforts to meet the minimum standards for the elimination of human trafficking. Tier 1 countries meet the minimum standards for the elimination of human trafficking. Tier 2 countries do not yet meet the standards, but are making significant efforts to do so. Tier 2 Watch List countries do not meet the minimum standards and are making significant efforts to do so, but have a very large or increasing number of trafficking victims, have failed to demonstrate increasing efforts over the previous year, or lack a solid plan to take additional steps in the coming year. Tier 3 countries do not meet the minimum standards and are not making significant efforts to do so. Twenty-five OSCE participating States qualified for Tier 1 in the TIP Report. Nineteen participating States qualified for Tier 2, including Ukraine, which was upgraded this year after four years on the Tier 2 Watch List. Five participating States were designated for the Tier 2 Watch List, including Hungary, Moldova, Montenegro, Serbia, and Bulgaria.* Four participating States were on Tier 3, including Belarus, Russia, Turkmenistan, and Uzbekistan. States on Tier 3 may be subject to sanctions. Legislation authored by Helsinki Commission Co-Chairman Rep. Chris Smith—who also serves as the Special Representative for Human Trafficking Issues to the Organization for Security and Cooperation in Europe Parliamentary Assembly – requires the TIP Report to be produced every year. In recent years the report has also included an assessment of the United States. Since the inception of the report, more than 100 countries have written or amended their trafficking laws, with some nations openly crediting the report for inspiring progress in their countries’ fight against human trafficking. * OSCE participating States Andorra, Monaco, Lichtenstein, and San Marino are not included in the TIP Report.
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article
Minority Faiths Under the Hungarian Religion Law
Thursday, June 08, 2017By Erika Schlager, Counsel for International Law On April 25, 2017, the European Court on Human Rights announced a judgment in the case of the Hungarian Evangelical Fellowship v. Hungary. This decision followed a 2014 finding by the Court that Hungary's 2011 law on religion violated the rights to freedom of association and freedom of religion. In light of the failure of Hungary to end continuing violations, the April judgment awarded the Evangelical Fellowship €3 million in damages. Religious Discrimination after the 2011 Law The case has its origins in changes made to Hungary’s religion law, which establishes a framework for the registration, or official recognition, of churches. The law was rushed through parliament in June 2011 in a midnight parliamentary session as part of a massive three-year wave of 700 new laws, a new constitution, and five amendments to the Constitution passed between 2010 and 2013. The “church law,” as it is known, came into force in 2012 and stripped legal recognition from over 300 previously recognized faiths; only 14 faiths retained their status under the new law. The law gives the exclusive authority to the elected politicians in the Hungarian parliament to determine what constitutes a church, based on a parliamentary review of a religious community’s faith and rites; bylaws and internal rules; and elected or appointed administrative and representative bodies. The parliament then makes its decision according to a two-thirds vote. Churches recognized by the parliament are granted a range of financial benefits and other privileges, including the ability to minister to co-religionists in public institutions such as schools, prisons and the military; unregistered faiths are denied these benefits. Religions that lose their state recognition may have their assets confiscated by the state. Hungarian Ombudsman Mate Szabo criticized the law when it was adopted and the Constitutional Court has twice struck down parts of the new religion law. Parliament changed the law to allow unrecognized groups to identify as “churches” (translation: “you can call yourself whatever you want”), but refused to alter the discriminatory framework that excludes unregistered faiths from the benefit of official status (translation: “you’ll still have second-class status”). In other words, there was no meaningful legislative change to address the law’s shortcomings. The Hungarian Evangelical Fellowship, joined by several smaller groups, including Mennonites, two small reformed Jewish congregations, and a Buddhist congregation, brought the case that was decided by the European Court in 2014. The European Court held that the “church law” is “inconsistent with the State’s duty of neutrality in religious matters that religious groups had to apply to Parliament to obtain re-registration as churches and that they were treated differently from incorporated churches with regard to material benefits without any objective grounds.” Damages were awarded to the other religious communities in 2016, but the Hungarian Evangelical Fellowship continued to seek damages in light of continuing violations. In its April 2017 decision, the court awarded €3 million to the Hungarian Evangelical Fellowship. The damages for discriminatory treatment included the loss of personal income tax donations and the corresponding supplementary State subsidy; the loss of State subsidies intended to support the applicant’s social and educational institutions; the loss of subsidies for religious teaching; and the loss of salary supplements paid to the staff employed by church institutions providing public-interest services. Unfortunately, the Court does not have the authority to compel Hungary to change its religion law and it is up to the Hungarian parliament to take the measures to comply with the ruling. (The Court may award damages again – and again – in the case of continuing violations.) De-registered churches may be able to get a judgment for damages in Strasbourg, but only Budapest can provide a legal remedy. The government may be trying to squeeze the Hungarian Evangelical Fellowship out of existence by depriving them of the benefits extended to other faiths and forcing them to devote resources to constantly litigate and re-litigate the same violations. Smaller churches de-registered after 2011 have already largely been shuttered. About the Hungarian Evangelical Fellowship The Hungarian Evangelical Fellowship broke from the Hungarian Methodist Church in the mid-1970s over the issue of collaboration with the communist regime. As a faith that would not bend to the communist regime, the Hungarian Evangelical Fellowship was subsequently forced underground and persecuted for engaging in charitable work with the poor at a time when the communist regime was loath to admit that poverty was a serious problem. After the fall of the communist regime, in 1991 the Hungarian Evangelical Fellowship was officially recognized until stripped of this status under the 2011 law. The Hungarian Evangelical Fellowship is known for its charitable and humanitarian work, particularly with Romani communities, and runs schools, homeless shelters, and soup kitchens. However, becausethe Hungarian tax authority has refused to issue a tax number to deregistered churches such as the Evangelical Fellowship, it is impossible for them to be designated them as recipients of a 1 percent charitable donation on tax forms. Related Issues In 2017, the Hungarian Government has also proposed a Russian-style “foreign agents” law, which is currently scheduled for a vote by parliament, possibly on June 13. In recognition of criticism that, among the draft law’s many problems, it would stigmatize groups that receive foreign funding – including support from co-religionists in other countries – the current draft was altered to include a carve-out exception for religious organizations and sports. If adopted, the law may spur the adoption of copycat laws in the region that might not have the same carve-outs for religious groups. During a press conference in April, Prime Minister Viktor Orban’s chief of staff Janos Lazar suggested that Hungarian groups that receive foreign funding should be designated with a star. He later apologized.
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article
International Roma Day 2017
Friday, April 07, 2017International Roma Day is observed annually on April 8, commemorating the anniversary of the1971 London meeting of Romani activists from across Europe. The 1971 London meeting, convened as the "World Romani Congress," was one of the first transnational gatherings of Roma. Since 1990, International Roma Day has been an opportunity to celebrate Romani culture and counter anti-Roma prejudice that fosters political and economic marginalization. Roma—Europe’s Largest Ethnic Minority Roma live throughout all European countries as well as the Americas and Australasia. In Europe, the Roma population is very conservatively estimated at 15 million, with large concentrations in Central, Eastern, and Southern Europe. Roma have migrated to the United States since the colonial period. There are an estimated one million Americans with some Romani roots (recent or distant Romani ancestry). Roma live throughout the United States, with larger communities in New York City, Baltimore, Chicago, and Los Angeles. They are sometimes the victims of racial profiling by law enforcement. The last explicitly anti-Roma law in the United States was repealed in New Jersey in 1998. Romani Americans have served as public members on the U.S. delegation to several OSCE human dimension meetings. In 2016, the President appointed Dr. Ethel Brooks to serve on the U.S. Holocaust Memorial Museum Council, bringing a Romani voice to that body. Helsinki Commission Advocacy on Romani Human Rights The Commission has long record of addressing human rights issues relating to Roma. As early as 1990, a Helsinki Commission delegation in Bucharest raised alarm orchestrated attacks on Roma conducted as part of a larger crackdown on dissent. Helsinki Commissioners have continued to engage regarding the situation of Roma through hearings, briefings, and congressional meetings with Roma in Europe and the United States. In recent years, the Commission has supported Romani inclusion in annual initiatives for political leaders such as the Transatlantic Minority Political Leadership Conference (TMPLC) and Transatlantic Inclusion Leaders Network (TILN). On March 27-28, the Commission worked in cooperation with the OSCE Office for Democratic Institutions and Human Rights to hold a workshop during “Roma Week” at the European Parliament in Brussels titled, “Strengthening diverse leadership, participation and representation of Roma, including women and youth, in public and political life.” Roma Day Events in the United States Harvard will host its fifth Annual Roma conference on April 10, where Helsinki Commission staff will participate. Scholars of Romani culture and Roma who work as academics, activists, and performers will convene a conference at New York University April 28-29. Later in the spring, on May 6, the 20th Annual Herdeljezi Music Festival will be held in the San Francisco area at the Croatian American Cultural Center. In the Washington area, the Embassy of the Czech Republic supported a March 30 screening of the documentary about the prejudice faced by the FC Roma football club. On May 17, the Czech Embassy will support a concert at the national Gallery of Art by Romani-Czech pianist Tomas Kaco. Learn More International Roma Day: Statement by U.S. Secretary of State Rex Tillerson Celebrating International Roma Day: Statement by USOSCE Acting Deputy Chief of Mission Michele Siders International Roma Day: Statement by OSCE/ODIHR Director Michael Link
Mr. President, as co-chairman of the U.S. Helsinki Commission, I wanted to bring to the Senate's attention that next week, February 23, will mark a tragic anniversary. Two years ago on that date, assassins gathered outside the home of Robert Csorba. They threw a Molotov cocktail into the house. Although some family members escaped the blaze, five-year-old Robert Csorba and his father did not: as they tried to flee the flames, their attackers riddled them with bullets. The murderers were prepared: if the bomb did not finish them off, their guns would. They were prepared to kill men, women, and children.
The Csorbas were just two of the victims in a wave of racially motivated attacks against Roma that has roiled Hungary. According to the European Roma Rights Center, between January 2008 and July 2010 there were at least two dozen cases where Molotov cocktails, hand grenades or sniper fire were used. The victims included nine fatalities, including two children, and others who were seriously injured.
Among them was the 13-year-old daughter of Maria Balogh. Ms. Balogh was murdered when snipers shot into her home in the middle of the night on August 3, 2009, killing her and leaving her daughter an orphan. Her daughter was also grievously wounded: she was shot in the face, blinded in one eye, and maimed for life. It is no wonder that these attacks led one Romani activist to declare that Roma would need to arm themselves or flee, and another asserted that if these attacks continued, Hungary would be headed toward civil war.
There are some positive developments. The fatal attacks have stopped. Hungary's new government has reached out to the victims to provide support for rebuilding homes that were damaged or destroyed in arson attacks.
Hungary's new Minister for Social Inclusion, Zolton Balog, has demonstrated a rare and welcome compassion for his Romani fellow citizens.
But the wounded and the dead still wait for justice in Hungary. Although four men have been arrested on suspicion of carrying out the serial killings of Roma that occurred in 2008 and 2009, there have been no trials and no convictions.
The Czech Republic has also seen a dramatic rise in anti-Roma rhetoric and violent actions in the past few years. Last October, I joined Helsinki Commission cochairman, Alcee Hastings in welcoming the lengthy sentences handed down in the Czech Republic to four neo-Nazis who firebombed a Romani home in 2009, an act which left an infant, widely known simply as ``Baby Natalka,'' with second and third degree burns over 80 percent of her body and a lifetime of painful rehabilitation ahead of her.
When that judgment was handed down against the four men who firebombed Baby Natalka, I was heartened. I also said I was watching another Czech case--one that is largely unknown.
On November 8, 2008, a roving mob attacked several Roma in the town of Havirov. One teenager was so savagely beaten, he was effectively left for dead. For a prolonged period of time afterwards, he was in a coma, and when he regained consciousness, he was unable to talk. Although he has learned to speak again, he has suffered permanent brain damage. He is paralyzed, was forced to end his studies, and may never be able to work.
A decision in the case is expected to be announced in the Ostrava regional court at 8:30 a.m. on February 24. Behind the high profile murder cases of Roma that make their way into the news, there is an even larger number of cases involving Roma who have been attacked, but not fatally; they do not die but are maimed, disabled, and traumatized for life by the racially motivated violence they have encountered. Their stories are often never told, but each of them stands as a living monument to everyone in their families and everyone in their communities, testifying to the government's failure to protect them. Each of them deserves justice, including Jaroslav Horvath, the teenager attacked in Havirov.