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speech
Remarks by Ambassador Clifford G. Bond at the International Forum Bosnia
Saturday, March 10, 2007It is good to be back in Sarajevo again and I feel very much at home in this city and this country. When Dr. Mahmutcehajic invited me to speak at today’s conference on “American Policy in the Western Balkans,” I suggested that it might be best if I provided a perspective on the on-going work of the Helsinki Commission, which is where I am currently serving, and its impact on U.S. policy in the Balkans. The Commission is a unique institution made up of members of the U.S. Congress. It is not an easy task to generalize about the views of Commission members since each representative and senator is independent. Those who serve on the Commission do so because they share a commitment to human rights and democracy, and want to have an impact on U.S. engagement on these issues especially in the OSCE area, but beyond as well. Congress’ role in foreign policy, as in other areas, is to ensure that policy reflects the democratically expressed will of the American people. It balances the expertise of diplomats at the State Department and other Executive Branch agencies with a consideration of what the public will support. This is one reason why U.S. foreign policy has taken a more comprehensive view of security that includes democratic development and human rights, as opposed to a more “realpolik” view of the world. This was evident in the Balkans throughout the 1990s. In response to conflict in Bosnia, for example, many in Congress pressed the Bush and later Clinton Administration for a more activist and a more interventionist response. Members of Congress, including members of the Commission at that time, were among the first in government to advocate not only for efforts to contain the conflict but for decisive action, including the use of force if necessary, to stop it. Whenever I addressed an audience in Bosnia and Herzegovina (BiH) in the past, the question invariably arose of whether the Balkans remained a priority for the U.S. Obviously the region receives much less attention today than it did 10 years ago. But it would be incorrect to say that the Balkans is ignored and developments on the ground are not being followed on Capitol Hill. There remains an understanding within Congress that the work of the international community is incomplete in this region and that the states of the western Balkans deserve to be integrated into Europe and Euro-Atlantic institutions. This has sustained Congressional support for NATO enlargement and the process of EU integration of the western Balkans, a view that runs even deeper among members of the Helsinki Commission. Moreover, at the initiative of representatives of the more than 300,000 members of the Bosnian-American diaspora, a new bipartisan Bosnian Caucus is being set up within Congress to focus on and support issues of importance to Bosnia and Herzegovina and the region. The Helsinki Process and the Commission Now let me say a few words about the work of the Helsinki Commission. As I said, it is an independent agency created by Congress in 1976 to advance human rights and encourage compliance with the principles of the Helsinki Final Act, particularly its human rights commitments. The Commission is composed of members of both houses of the U.S. Congress. Successive agreements within the Vienna-based Organization for Security and Cooperation in Europe (OSCE) have expanded these common Helsinki standards into a whole framework of human and humanitarian rights. These have come to be termed the “human dimension” of the OSCE’s work. These agreements are not treaties, but political commitments which all participating states, including Bosnia and its neighbors, have adopted on the basis of consensus. Significantly, however, these same states have agreed that these are issues of direct and legitimate concern to all participating states of the OSCE and do not belong exclusively to the internal affairs of the state concerned. Democracy and human rights are thus matters of international concern. This has created a Helsinki process of bilateral and multilateral dialogue that includes the active participation of NGOs as well as governments in assessing the level of compliance with these common commitments. One element of that process is an annual review of implementation which takes place in Warsaw. I participated in the 2006 session and can assure you that it provided a forum for frank and open exchange of how our countries are or are not living up to our OSCE commitments. My own government faced serious criticism in terms of some aspects of its conduct of the fight against terrorism. Since 1989, Europe has undergone an historic transformation and the OSCE has played a vital role in this process of transition to democracy, particularly in the post conflict situation in the western Balkans. Much of this work has been driven on the ground by its field missions, such as the one headed here in Sarajevo by Ambassador Davidson. The Commission believes strongly that this work remains critical to the states of the western Balkans in helping them to overcome a legacy of communism and war. A permanent democratic transformation in the western Balkans will require a rethinking of the overall conditions of society with an aim of protecting rights and instituting peaceful change. Public debate needs to be expanded beyond a discussion of group rights to the rights of the individual and improving the overall quality and dignity of life, which is the essence of the OSCE’s human dimension. This process has not advanced nearly as far as it must to build modern societies in the region. Integration through Consolidating Democracy and Rule of Law Let me now review some of the areas of particular interest to the Commission and its members and where it will be pushing to influence U.S. policy in future. These are areas where I think more public debate and more active local NGO engagement with governments in the region will be essential. As I said, the Commission has been a strong advocate for the integration of the region into Euro-Atlantic institutions. This remains the best long term strategy for securing both peace and prosperity. The key to that integration is consolidating democracy, rule of law and good governance. There has been tremendous progress in this regard, but complacency must be avoided. Political leaders in Bosnia have come to realize that reforming their Dayton-era constitution in ways that make the government more functional and compatible with EU requirements is a necessary step. The U.S. Senate adopted a resolution (S. Res 400, 109th Congress) last year voicing support for this constitutional reform process. It did not advocate for specific changes, which must be decided by the people of Bosnia, not the international community. From the perspective of the Helsinki Commission, however, we think it critical that reforms, in addition to changes in the structure of government, guarantee the human and civic rights of all the citizens of BiH. As you know, the current constitutional provisions restrict Serbs living in the Federation, Bosniaks and Croats living in the RS, and non-constituent peoples, no matter in what part of the country they reside, from running for the post of BiH presidency. This is a violation of both the European Convention on Human Rights and the 1990 OSCE Copenhagen Document. This inability of all citizens to fully participate in BiH’s political life should be corrected. If we look at elections as another benchmark of progress in consolidating democracy, we can see that virtually all countries in the western Balkans are approaching the international standards for free and fair elections. Last October’s elections in Bosnia and Herzegovina were judged by the OSCE to be in line with international standards. Similarly the general elections held recently in Serbia were judged by OSCE as being conducted in a free and fair manner. Going beyond the technical conduct of these elections, however, the results and the tenor of the elections in the region are a matter of concern. In Bosnia nationalistic campaign rhetoric approached pre-war levels and polarized the electorate along ethnic lines. In Serbia the strong showing of the Serbian Radical Party and statements by other politicians indicated a lack of willingness among a large part of the population to come to terms with the crimes committed during the Milosevic era. Hopefully, over time, democratic forces in the region will prevail and a true reconciliation can be achieved. Without a meaningful break with the past and a full recognition in Serbia and the Republika Srpska (RS) of the crimes that were committed during the Milosevic era, however, this task will be immensely more difficult to accomplish. The decision of the International Court of Justice on February 26 does not change the need for this recognition or absolve Serbia or the Republika Srpska of responsibility in this regard. The ICJ confirmed an act of genocide was committed and that Serbia was in a unique position to prevent it. By failing to do so, Serbia violated the Genocide Convention and continues to violate it by not bringing the perpetrators of that genocide to justice. The court’s decision also makes clear that the full responsibility for conducting that genocide lies with the leadership and members of the military in the RS at that time. Unfinished Business It was to bring war criminals to justice and to determine the objective truth of what occurred in the Balkans that the Helsinki Commission was an early proponent of the establishment of the International Criminal Tribunal for the former Yugoslavia. It has pressed all countries in the region to fully cooperate with the Tribunal. The Commission has welcomed the establishment of the War Crimes Chamber within the BiH State Court, and the decision to transfer more cases from The Hague to the region for local prosecution. Despite building this indigenous capacity to conduct trials, there is a strongly felt sense within the Commission that the work of the International Tribunal should not be concluded until Ratko Mladic and Radovan Karadzic are brought to justice. The real message that Belgrade should take from the ICJ’s verdict on February 26 and convey to these indicted war criminals is that: “your time is up.” Other consequences of the war are still being dealt with. More than ten years after Dayton, additional mass graves continue to be uncovered. The Helsinki Commission recently organized a briefing on Capitol Hill at which Amor Masovic reported on the work of the State Missing Persons Commission. We believe that international support for determining the identification of these missing persons must continue. The right of refugees and displaced persons from the Balkan conflicts to return home has not been fully guaranteed. The 2005 Sarajevo Declaration on Refugee Return and Integration was a notable achievement in this regard, but implementation of this trilateral arrangement has been too slow. The Commission has urged Bosnia and Croatia and Serbia in particular to intensify efforts to ensure durable solutions for resettlement are found and displaced persons and refugees given access to all rights, including the right to property and citizenship. The legal issues involved are complicated, but with political will these can be managed and refugees re-integrated into society. In the midst of war in the 1990’s the region was confronted with a new and dangerous form of organized crime – human trafficking. Considerable progress has been made in the region in combating this modern day form of slavery, but even greater efforts are required. Trafficking also needs to be looked upon as not just as one field of criminal activity, but as part of a wider issue of corruption in the region. While criminals organize this activity, it is corruption that allows them to get away with it or go unpunished when caught. Preventing Future Conflict A fundamental principle behind the Helsinki Final Act is that there can be no true security without a commitment to democracy and human rights. Addressing the root causes of intolerance and discrimination are therefore essential to preventing future conflict in the region. The OSCE has done pioneering work in this area and is developing programs to prevent hate crimes and discrimination by confronting the sources of intolerance and by strengthening respect for ethnic and religious diversity. In a series of high level conferences the OSCE has sought to encourage states to collect hate crimes statistics, share information and strengthen education to combat intolerance as well as increase training of law enforcement officials. This is clearly a subject of importance to the entire region and governments should be cooperating in this work. We want to encourage regional participation at the next high level meeting on tolerance to be held in June in Bucharest. The Romanian government is now putting together an agenda which will cover racism, anti-Semitism and intolerance against Muslims and Christians as well as relevant programs to combat this discrimination. We want the conference to consider ways that our societies can move beyond tolerance to acceptance and recognition of diversity. I hope we can count on broad government and NGO representation from the region, but particularly from Bosnia, at the conference. Bosnia can and should be a leader in promoting dialogue among religious groups. We would very much like to see Bosnia host an OSCE event on this theme in future. At the Warsaw human dimension’s meeting last year there was only one Bosnian NGO represented. This was the National Council of Roma, but its participation was very significant for us. The plight of the Roma has been a special concern of the Helsinki Commission. No group within the former Yugoslavia has faced discrimination and exclusion so broadly as the Roma have. They continue to be deprived of housing and property rights, face difficulties in accessing personal documents and establishing citizenship. Many have no access to healthcare or education. In view of this widespread discrimination, not just within the Balkans but throughout Europe, the OSCE has sought to address the specific problems of the Roma. Your local Bosnian Helsinki Committee has also recently translated a human rights manual into Romani and I hope this will assist this marginalized community to assert and defend its rights. Eight governments of central and southeastern Europe have taken their own political initiative, titled the “Decade of Roma Inclusion,” to close the gap in welfare and living conditions between the Roma and non-Roma in their societies. Their aim is to break the cycle of poverty and exclusion by 2015. Several of the western Balkan states are active in this initiative. My understanding is that Bosnia is not yet a participant. It should be. One way to judge a society is by how well it protects the rights of those least able to realize them on their own. Any sincere effort to create modern, rights-based societies in the Balkans cannot overlook the plight and abuse of the civil, political, economic and social rights of the Roma. Among fundamental freedoms is the right to religious expression and belief. This is an issue of deep concern to Commission members. The right to practice your faith is no more secure than your readiness to acknowledge the right of others to practice theirs. Since the fall of communism various laws have been adopted in the region to provide for religious freedom, but these have unfortunately had the effect in some respects of restricting this fundamental right. They set numerical thresholds for the registration of religious groups, discriminate in favor traditional faiths, and place limits on free speech and proselytizing. These restrictions are particularly burdensome to new religious denominations and can lead to harassment against and stigmatization of their members. Albania, in contrast, has adopted a progressive law which provides for a neutral registration system that is applied universally. This is a model others in the region should consider adopting. Meanwhile, there is a need to step up efforts to respect the sanctity and ensure the safety of places of worship that have been targets of ethnically based violence in Bosnia, Serbia and Kosovo. Governments need to adopt a “zero-tolerance” approach in responding to such provocations. Finally let me address the situation of Kosovo. The pending decision on the final status of Kosovo has given rise to much anxiety and apprehension in the region. Much of the debate on Kosovo has focused on the larger issues of sovereignty, territorial integrity and self-determination. Within Congress and even within the Helsinki Commission reaching a consensus on the right outcome in Kosovo is difficult, but two things are clear. First, there is no connection between Kosovo’s future and the recognized sovereignty and the territorial integrity of Bosnia and Herzegovina. Second, whatever form a Kosovo settlement takes, the fundamental issue in the Commission’s view is whether or not it improves the respect for human rights, especially the rights of those people belonging to the Serb, Roma and other minority communities. Those rights include the protection of property and the right of return for displaced persons. Any settlement should also encourage a process of integration and inclusion of these minority communities within a broader Kosovo society. From this perspective the proposed plan of UN Special Envoy Ahtissari can serves as a solid basis for compromise. Even if Belgrade and Pristina cannot agree on the issue of status, they should be engaged in serious negotiations to protect the rights of these minority communities. But whatever becomes of Kosovo, the OSCE and other international human rights standards must apply there and the OSCE must be fully involved in monitoring implementation of any settlement to assure these rights are respected. Conclusion My remarks have focused on some areas of concern, but let me say in conclusion that the region of the western Balkans has come a long way since the 1990’s. The international community has made a substantial investment in the peace, stability and reconstruction in the region, and we welcome this progress. Slovenia is a full-fledged member of NATO and the EU. Croatia is well on the road to membership in both, and Macedonia and Albania are making progress in the right direction. In a welcome development at the end of last year, Bosnia, Serbia and newly independent Montenegro were invited to join NATO’s Partnership for Peace. The regional trajectory is positive. More importantly, the EU and NATO have made a political commitment to include all of the western Balkan states into Euro-Atlantic institutions, and recognized that Europe will be incomplete without your countries. That does not relieve you of the responsibility to meet the conditions of membership in these institutions, but it does offer a bright future for the region. The issues your societies now face are perhaps less dramatic than achieving peace was a decade and more ago. These are issues of complying with human rights norms and improving the quality of life and the relationship between the individual and his or her government. These issues should be a matter of open, public debate in local and regional fora like this one. For too long nationalism and an “us versus them” mentality have dominated public discussion and driven politics in the region. It is time politicians on all sides put down the megaphones and drop the rhetoric that they have been using to polarize the situation. A new dialogue based on an open discussion of these human issues needs to replace it. This is essential to preventing future conflict, promoting economic and social development and sustaining peace. Only political will on the part of governments and party leaders and the full engagement of NGOs and citizens in this Helsinki process of dialogue can get this job done and complete the transition of the western Balkan states into permanent and stable democracies.
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statement
In Honor of Vaclav Havel and the 30th Anniversary of Charter 77 Statement by Chairman Alcee Hastings
Thursday, March 01, 2007As Chairman of the Commission on Security and Cooperation in Europe, I am privileged to add my voice today to those honoring Vaclav Havel, Czechoslovakia’s first post-communist President, and the Charter 77 movement which, 30 years ago, he helped to found. Three decades ago, the Charter 77 movement was established and its founding manifesto was formally delivered to the Communist regime in Prague. The goals of the Chartists – as signatories came to be known – were fairly straightforward: “Charter 77 [they stated] is a loose, informal and open association of people of various shades of opinion, faiths and professions united by the will to strive individually and collectively for the respect of civic and human rights in our own country and throughout the world – rights accorded to all men by the two mentioned international covenants, by the Final Act of the Helsinki conference and by numerous other international documents opposing war, violence and social or spiritual oppression, and which are comprehensively laid down in the U.N. Universal Charter of Human Rights.” The phrase “people of various shades of opinion” was, in fact, a charming understatement regarding the diversity of the signatories. Founding members of this movement included Vaclav Maly, a Catholic priest banned by the regime; Vacla Benda, a Christian philosopher; former Trotskyite Peter Uhl; former Communists like Zdenek Mlynar and Jiri Hajek, both of whom were ousted from their leadership positions in the wake of the 1968 Soviet attack that crushed the Prague Spring reforms; and, of course, Vaclav Havel, a playwright and dramatist. Notwithstanding the many differences these people surely had, they were united common purpose: to compel the Communist regime to respect the international human rights agreements it had freely adopted. Interestingly, the Charter 77 movement was never a mass dissident movement – fewer than two thousand people ever formally signed this document. But, to use a boxing analogy, Charter 77 punched above its weight. Its influence could be felt far beyond the number of those who openly signed on and, ultimately, in the battle of wits with the Communist regime, Charter 77 clearly won. And most importantly, Charter 77 – like other human rights groups founded at roughly the same time in Moscow, Vilnius, Warsaw and elsewhere – looked to the Helsinki process as a vehicle for calling their own governments to account. Although it is sometimes said that the Helsinki process helped to bring down communism, it is really these grass roots movements that gave the Helsinki process its real meaning and its true legitimacy. Thirty years ago, a small, courageous band of people came together and said, “We believe that Charter 77 will help to enable all citizens of Czechoslovakia to work and live as free human beings.” Today, we remember their struggle and praise their enduring contributions to democracy and human rights.
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statement
In Honor of Vaclav Havel and the 30th Anniversary of Charter 77 Statement by Representative Chris Smith
Tuesday, February 27, 2007Madame Speaker, Edmund Burke once said that, “all it takes for evil to triumph is for good men to do nothing.” Thirty years ago, good men and women came together, and together, they ultimately triumphed over evil. In 1987, I traveled to Czechoslovakia with a Helsinki Commission delegation led by my good friend, Steny Hoyer, who was then Chairman of the Commission. We traveled there just ten years after the Charter 77 movement had been formed and, amazingly, in spite of persecution and imprisonment, they had managed to publish 350 documents during its first ten years. And it was clear during my visit to Prague that this organization was having an impact, especially when the communist authorities went to the trouble of preventing five independent activists, including Vaclav Havel, from meeting with us. In spite of this, our delegation was able to meet with several other Charter 77 signatories and sympathizers: Libuse Silhanova, Josef Vohryzek, Father Vaclav Maly, Zdenek Urbanek, and Rita Klimova. Libuse Silhanova, then serving as a Charter 77 spokesperson, described her fellow Chartists as “ordinary people who happen to be part of a movement.” For a group of “ordinary people,” they certainly accomplished extraordinary things. One of the most notable of these “ordinary people” was the playwright Vaclav Havel, who is today the sole surviving member of Charter 77’s first three spokespersons. At a time when most Czechoslovaks preferred to keep their heads low, he held his up. When others dared not speak out, he raised up his voice. While others hid from communism in their apartments and weekend cottages, he faced it down in prison. In 1978, Havel wrote a seminal essay entitled, “The Power of the Powerless.” In it, he proposed a remarkably conspiratorial concept: the idea that those repressed by the Communist Lie actually had the power to “live for truth,” and that by doing so, they could change the world in which they live. One of the people who read this essay was Zbygniew Bujak, who became a leading Solidarity activist in Poland. Bujak described the impact of Havel’s message: This essay reached us in the Ursus factory in 1979 at a point when we felt we were at the end of the road. Inspired by KOR [the Polish Workers' Defense Committee, which preceded Solidarity], we had been speaking on the shop floor, talking to people, participating in public meetings, trying to speak the truth about the factory, the country, and politics. There came a moment when people thought we were crazy. Why were we doing this? Why were we taking such risks? Not seeing any immediate and tangible results, we began to doubt the purposefulness of what we were doing. Shouldn’t we be coming up with other methods, other ways? Then came the essay by Havel. Reading it gave us the theoretical underpinnings for our activity. It maintained our spirits; we did not give up, and a year later – in August 1980 – it became clear that the party apparatus and the factory management were afraid of us. We mattered. And the rank and file saw us as leaders of the movement. When I look at the victories of Solidarity, and of Charter 77, I see in them an astonishing fulfillment of the prophecies and knowledge contained in Havel's essay. Vaclav Havel’s essay was not just the product of clever wordsmithing; it was an act of singular heroism. In fact, shortly after writing “The Power of the Powerless,” Vaclav Havel found himself in prison, again. And it should be remembered that others, including philosopher Jan Patocka, Havel’s close friend, and Pavel Wonka, paid with their lives for their opposition to the Czechoslovak communist regime. Vaclav Havel is a man who has always been guided by the courage of his convictions. Remarkably, his courage did not fade upon his assumption of the presidency. Indeed, he is all the more heroic for his steadfast commitment to human rights even from the Prague Castle. From the beginning, he was a voice of reason, not revenge, as he addressed his country’s communist and totalitarian past. In 1993, he rightly identified the situation of Roma as “a litmus test for civil society.” And not only has he raised human rights issues in his own country but reminds the world of the abuses taking place in Cuba and China. Throughout his presidency, he pardoned those faced with criminal charges under communist-era laws that restrict free speech. In 2001, he spoke out against the parliament’s regressive religion law, which turned the clock back on religious freedom. And he has reminded other world leaders of our shared responsibility for the poor and less fortunate the world over. On the occasion of the 30th anniversary of the founding of Charter 77, I want to join my colleagues from the Helsinki Commission in honoring Vaclav Havel and all the men and women who signed the Charter, who supported its goals, and who helped bring democracy to Czechoslovakia.
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statement
In Honor of Vaclav Havel and the 30th Anniversary of Charter 77 Statement by Representative Steny Hoyer
Tuesday, February 27, 2007Madame Speaker, this year marks the thirtieth anniversary of the Charter 77 movement. Along with other colleagues from the Helsinki Commission, which I had the privilege of Chairing and Co-Chairing from 1985 to 1994, I rise today to commemorate Charter 77’s extraordinary accomplishments, and to praise Vaclav Havel, a founding member of the Charter 77 movement and Czechoslovakia’s first President after the fall of communism. Twenty years ago this month, I led a Congressional delegation to Czechoslovakia – my first trip to that country. At that time, I was assured by Czechoslovak Government officials that Charter 77 was only a small group, and there was no need to have a dialogue with its members. In an apparent effort to underscore their point, the regime detained several Chartists to keep them from meeting with our delegation: Vaclav Havel, Petr Uhl and Jiri Dienstbier were all arrested in Prague; Miklos Duray was prevented from traveling to Prague from Slovakia; and although Petr Puspoki-Nagy made it to Prague, he was also immediately detained on his arrival. Although I was deprived of the chance to meet these individuals in person, I was already well aware of their work. In fact, the Helsinki Commission’s second hearing, held in February 1977, published the full text of the Charter 77 manifesto at the request of one of our witnesses, Mrs. Anna Faltus. We owe a special debt of gratitude to the late Mrs. Faltus, who worked tirelessly for decades as an advocate for a free Czechoslovakia. To this end, she made sure that the documents of Charter 77 and the Committee for the Defense of the Unjustly Persecuted were quickly translated and widely disseminated to policy makers and human rights advocates. Her effort made it possible for the Helsinki Commission to publish (in 1982 and in 1987) selected and representatives texts of the Charter 77 movement. Looking back, the breadth of those documents is truly remarkably, touching on everything from the legacy of World War II to the country’s economic situation; from contemporary music to nuclear energy. But the common thread that bound these diverse statements together was a commitment to promote and protect “the right of the individual to know and act upon his rights.” This right was freely adopted by the Czechoslovak Socialist Republic when Gustav Husak fixed his signature to the Helsinki Final Act in 1975. It was, of course, with great interest that I discussed Charter 77, first with Czechoslovak officials during my February 1987 trip to Prague, then with Czechoslovak parliamentarians visiting Washington in June 1988 (a delegation which included Prague Communist Party boss Miroslav Stepan), and then with the Czechoslovak delegation to the 1989 Paris Meeting of the Conference on the Human Dimension. In these meetings, as well as in correspondence with the Czechoslovak Ambassador to the United States, I was told that Charter 77 didn’t represent public opinion. I was warned that siding with Charter 77 would not help bilateral relations, and I was assured that democracy was coming soon to Czechoslovakia – “socialist democracy.” Needless to say, I was not convinced by my interlocutors: I was not convinced that Augustin Navratil was actually being treated for a mental health condition, rather than being persecuted for his religious activism. I was frankly disgusted when the Czechoslovak delegation to the Paris meeting baldly lied about Jiri Wolf, telling us he had been released early from his prison sentence as a "humanitarian" gesture, and then shrugging with indifference when they were caught in their lie. Most of all, I did not believe that Vaclav Havel was a criminal and Charter 77 merely an “insignificant” group. In fact, in 1989 Senator Dennis DeConcini and I nominated Vaclav Havel for the Nobel Peace Prize. As Senator DeConcini said, “[i]n spite of relentless harassment by the authorities, including imprisonment, repeated detentions, house searches, and confiscation of property, Havel has remained active in the struggle for human rights. . . . Havel is now in prison, but he is not alone in his cause. In a dramatic move . . . over 700 of his colleagues – playwrights, producers, artists, and actors – signed a petition calling for his release and the release of others [similarly imprisoned.] For these people, like many others in his country, Vaclav Havel has become a symbol of an enduring and selfless commitment to human rights.” Madame Speaker, on this 30th anniversary of the founding of the Charter 77 movement, I rise to commend and remember the courageous men and women, signatories and supporters, who paved the way for the peaceful transition from communism in Czechoslovakia and restoration of Europe, whole and free. On this anniversary, I give special tribute to Vaclav Havel, playwright and president, and his singular role in leading his country to freedom.
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statement
In Honor of Vaclav Havel and the 30th Anniversary of Charter 77 Statement by Representative Steny Hoyer
Tuesday, February 27, 2007Madame Speaker, this year marks the thirtieth anniversary of the Charter 77 movement. Along with other colleagues from the Helsinki Commission, which I had the privilege of Chairing and Co-Chairing from 1985 to 1994, I rise today to commemorate Charter 77’s extraordinary accomplishments, and to praise Vaclav Havel, a founding member of the Charter 77 movement and Czechoslovakia’s first President after the fall of communism. Twenty years ago this month, I led a Congressional delegation to Czechoslovakia – my first trip to that country. At that time, I was assured by Czechoslovak Government officials that Charter 77 was only a small group, and there was no need to have a dialogue with its members. In an apparent effort to underscore their point, the regime detained several Chartists to keep them from meeting with our delegation: Vaclav Havel, Petr Uhl and Jiri Dienstbier were all arrested in Prague; Miklos Duray was prevented from traveling to Prague from Slovakia; and although Petr Puspoki-Nagy made it to Prague, he was also immediately detained on his arrival. Although I was deprived of the chance to meet these individuals in person, I was already well aware of their work. In fact, the Helsinki Commission’s second hearing, held in February 1977, published the full text of the Charter 77 manifesto at the request of one of our witnesses, Mrs. Anna Faltus. We owe a special debt of gratitude to the late Mrs. Faltus, who worked tirelessly for decades as an advocate for a free Czechoslovakia. To this end, she made sure that the documents of Charter 77 and the Committee for the Defense of the Unjustly Persecuted were quickly translated and widely disseminated to policy makers and human rights advocates. Her effort made it possible for the Helsinki Commission to publish (in 1982 and in 1987) selected and representatives texts of the Charter 77 movement. Looking back, the breadth of those documents is truly remarkably, touching on everything from the legacy of World War II to the country’s economic situation; from contemporary music to nuclear energy. But the common thread that bound these diverse statements together was a commitment to promote and protect “the right of the individual to know and act upon his rights.” This right was freely adopted by the Czechoslovak Socialist Republic when Gustav Husak fixed his signature to the Helsinki Final Act in 1975. It was, of course, with great interest that I discussed Charter 77, first with Czechoslovak officials during my February 1987 trip to Prague, then with Czechoslovak parliamentarians visiting Washington in June 1988 (a delegation which included Prague Communist Party boss Miroslav Stepan), and then with the Czechoslovak delegation to the 1989 Paris Meeting of the Conference on the Human Dimension. In these meetings, as well as in correspondence with the Czechoslovak Ambassador to the United States, I was told that Charter 77 didn’t represent public opinion. I was warned that siding with Charter 77 would not help bilateral relations, and I was assured that democracy was coming soon to Czechoslovakia – “socialist democracy.” Needless to say, I was not convinced by my interlocutors: I was not convinced that Augustin Navratil was actually being treated for a mental health condition, rather than being persecuted for his religious activism. I was frankly disgusted when the Czechoslovak delegation to the Paris meeting baldly lied about Jiri Wolf, telling us he had been released early from his prison sentence as a "humanitarian" gesture, and then shrugging with indifference when they were caught in their lie. Most of all, I did not believe that Vaclav Havel was a criminal and Charter 77 merely an “insignificant” group. In fact, in 1989 Senator Dennis DeConcini and I nominated Vaclav Havel for the Nobel Peace Prize. As Senator DeConcini said, “[i]n spite of relentless harassment by the authorities, including imprisonment, repeated detentions, house searches, and confiscation of property, Havel has remained active in the struggle for human rights. . . . Havel is now in prison, but he is not alone in his cause. In a dramatic move . . . over 700 of his colleagues – playwrights, producers, artists, and actors – signed a petition calling for his release and the release of others [similarly imprisoned.] For these people, like many others in his country, Vaclav Havel has become a symbol of an enduring and selfless commitment to human rights.” Madame Speaker, on this 30th anniversary of the founding of the Charter 77 movement, I rise to commend and remember the courageous men and women, signatories and supporters, who paved the way for the peaceful transition from communism in Czechoslovakia and restoration of Europe, whole and free. On this anniversary, I give special tribute to Vaclav Havel, playwright and president, and his singular role in leading his country to freedom.
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statement
In Honor of Vaclav Havel and the 30th Anniversary of Charter 77 Statement by Representative Steny Hoyer
Tuesday, February 27, 2007Madame Speaker, this year marks the thirtieth anniversary of the Charter 77 movement. Along with other colleagues from the Helsinki Commission, which I had the privilege of Chairing and Co-Chairing from 1985 to 1994, I rise today to commemorate Charter 77’s extraordinary accomplishments, and to praise Vaclav Havel, a founding member of the Charter 77 movement and Czechoslovakia’s first President after the fall of communism. Twenty years ago this month, I led a Congressional delegation to Czechoslovakia – my first trip to that country. At that time, I was assured by Czechoslovak Government officials that Charter 77 was only a small group, and there was no need to have a dialogue with its members. In an apparent effort to underscore their point, the regime detained several Chartists to keep them from meeting with our delegation: Vaclav Havel, Petr Uhl and Jiri Dienstbier were all arrested in Prague; Miklos Duray was prevented from traveling to Prague from Slovakia; and although Petr Puspoki-Nagy made it to Prague, he was also immediately detained on his arrival. Although I was deprived of the chance to meet these individuals in person, I was already well aware of their work. In fact, the Helsinki Commission’s second hearing, held in February 1977, published the full text of the Charter 77 manifesto at the request of one of our witnesses, Mrs. Anna Faltus. We owe a special debt of gratitude to the late Mrs. Faltus, who worked tirelessly for decades as an advocate for a free Czechoslovakia. To this end, she made sure that the documents of Charter 77 and the Committee for the Defense of the Unjustly Persecuted were quickly translated and widely disseminated to policy makers and human rights advocates. Her effort made it possible for the Helsinki Commission to publish (in 1982 and in 1987) selected and representatives texts of the Charter 77 movement. Looking back, the breadth of those documents is truly remarkably, touching on everything from the legacy of World War II to the country’s economic situation; from contemporary music to nuclear energy. But the common thread that bound these diverse statements together was a commitment to promote and protect “the right of the individual to know and act upon his rights.” This right was freely adopted by the Czechoslovak Socialist Republic when Gustav Husak fixed his signature to the Helsinki Final Act in 1975. It was, of course, with great interest that I discussed Charter 77, first with Czechoslovak officials during my February 1987 trip to Prague, then with Czechoslovak parliamentarians visiting Washington in June 1988 (a delegation which included Prague Communist Party boss Miroslav Stepan), and then with the Czechoslovak delegation to the 1989 Paris Meeting of the Conference on the Human Dimension. In these meetings, as well as in correspondence with the Czechoslovak Ambassador to the United States, I was told that Charter 77 didn’t represent public opinion. I was warned that siding with Charter 77 would not help bilateral relations, and I was assured that democracy was coming soon to Czechoslovakia – “socialist democracy.” Needless to say, I was not convinced by my interlocutors: I was not convinced that Augustin Navratil was actually being treated for a mental health condition, rather than being persecuted for his religious activism. I was frankly disgusted when the Czechoslovak delegation to the Paris meeting baldly lied about Jiri Wolf, telling us he had been released early from his prison sentence as a "humanitarian" gesture, and then shrugging with indifference when they were caught in their lie. Most of all, I did not believe that Vaclav Havel was a criminal and Charter 77 merely an “insignificant” group. In fact, in 1989 Senator Dennis DeConcini and I nominated Vaclav Havel for the Nobel Peace Prize. As Senator DeConcini said, “[i]n spite of relentless harassment by the authorities, including imprisonment, repeated detentions, house searches, and confiscation of property, Havel has remained active in the struggle for human rights. . . . Havel is now in prison, but he is not alone in his cause. In a dramatic move . . . over 700 of his colleagues – playwrights, producers, artists, and actors – signed a petition calling for his release and the release of others [similarly imprisoned.] For these people, like many others in his country, Vaclav Havel has become a symbol of an enduring and selfless commitment to human rights.” Madame Speaker, on this 30th anniversary of the founding of the Charter 77 movement, I rise to commend and remember the courageous men and women, signatories and supporters, who paved the way for the peaceful transition from communism in Czechoslovakia and restoration of Europe, whole and free. On this anniversary, I give special tribute to Vaclav Havel, playwright and president, and his singular role in leading his country to freedom.
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statement
Southeastern Europe: Moving from Ethnic Cleansing and Genocide to Euro-Atlantic Integration
Thursday, December 07, 2006When I was appointed Chairman of the Helsinki Commission in early 1995, Mr. Speaker, the U.S. foreign policy establishment and its European counterparts were seized by a genocidal conflict of aggression against Bosnia-Herzegovina. Many here in the Congress were already deeply involved in bipartisan efforts to end the conflict by urging a decisive, international response under U.S. leadership. I can still recall the sense of horror, outrage and shame when the Srebrenica massacre occurred and nothing was done to stop it and other atrocities committed against civilians. Slobodan Milosevic, meanwhile, was comfortably entrenched as Serbia’s leader, with Kosovo under his repressive thumb. The situation was truly bleak. Today, relative calm prevails throughout the Balkans region, though simmering tensions and other serious problems could lead to renewed crisis and conflict, if left unchecked. Overcoming the legacy of the past and restoring dignity and ensuring justice for the victims will require sustained engagement and vigilance. Integrating the countries of the region into European institutions can advance this process. Slovenia has become a full-fledged member of both NATO and the European Union. Croatia is well on its way to similar membership, and Macedonia and Albania are making steady progress in the right direction. In a welcome development, Bosnia-Herzegovina, the epicenter of bloody carnage and mass displacement in the mid-1990s, was invited last week to participate in NATO’s Partnership for Peace Program, along with Serbia and the newly independent state of Montenegro. As a longstanding member and leader of the Helsinki Commission, I want to highlight some of the numerous initiatives we have undertaken in an attempt to draw attention to developments in the Balkans and to influence related policy. Since 1995, we have convened more than 20 hearings on specific aspects of the region as well as related briefings, legislation, letters, statements and meetings. These efforts have been undertaken with an uncommon degree of bipartisanship. In this regard, I particularly want to thank the Commission’s outgoing Ranking Member, Mr. Cardin of Maryland, for helping to make this a reality. Among the Commission’s most noteworthy accomplishments, I would include garnering the strong support that contributed to the establishment of the International Criminal Tribunal for the former Yugoslavia and pressing countries to cooperate in bringing those responsible for war crimes, crimes against humanity and genocide to justice. I would include the change in U.S. policy from relying on Milosevic to implement the Dayton Agreement to supporting democracy in Serbia as the long-term and genuine partner in building regional peace and stability. We have maintained a significant focus on elections, encouraging all the countries in the region to strive to meet international standards for free and fair elections as well as referenda. There has been tremendous progress in this regard. The Commission’s support for the OSCE, I believe, has helped the organization’s field activities in southeastern Europe to be more successful in promoting respect for the human rights and fundamental freedoms of all the people, regardless of ethnicity. Finally, on the more controversial policy of NATO’s action against Serbia in 1999, the Commission served as a forum to air differing views on the policy response while finding common ground in addressing the humanitarian crises, documenting human rights abuses and holding human rights violators to account. Mr. Speaker, while welcoming this progress in southeastern Europe, I would caution against complacency as the region faces significant challenges. Maintaining positive momentum will require much from actors in the region as well as the international community, including the United States. First and foremost is the situation in Kosovo. The pending decisions that will be made on Kosovo’s status give rise to growing expectation as well as apprehension and concern. Despite the many debates on larger issues of sovereignty, territorial integrity and self-determination, these decisions should and will ultimately be judged by whether or not they lead to improved respect for human rights, especially the rights of those people belonging to the Serb, Roma and other minority communities in Kosovo. The members of the minority communities deserve to be treated as people, not as pawns in a fight over territory and power. They should be allowed to integrate rather than remain isolated, and they should not be discouraged from integration when opportunities arise. I remain deeply concerned that these issues are not being given the attention they deserve. Whatever Kosovo becomes, OSCE and other international human rights standards must apply. Similarly, there is a need to ensure that justice is vigorously pursued for the victims of horrendous human rights violations. Conditionality on assistance to Serbia, as well as on that country’s integration, must remain firmly in place until Belgrade cooperates fully in locating at-large indicted war criminals and facilitating their transfer to the ICTY in The Hague. It is an outrage that Ratko Mladic and Radovan Karadzic remain at large. After refusing to take meaningful action on these cases, Serbia cannot be let off the hook now, but should be pressed to comply with its international obligations. A related issue is that of missing persons. Ten years after Dayton, additional mass graves continued to be uncovered, and the identification of the remains of relatives and loved ones is important for the survivors of past atrocities and their societies. The Commission recently held a briefing on identifying remains found in mass graves in Bosnia, and I hope that support for determining the fate of missing persons can be further strengthened. While some progress has been made in combating trafficking in persons in the region, all countries there need to intensify their efforts to end this modern-day form of slavery. Political will and adequate resources will be required, including through enhanced efforts by law enforcement and more vigorous prosecution of traffickers while providing protection for their victims. Religious freedoms also remain a cause for concern. Various laws in the region allegedly providing for religious freedom do more to restrict this fundamental right by establishing thresholds for registration, by discriminating against small or new religious groups through tiers of recognition with associated privileges for traditional faiths, and by precluding the sharing of creeds or limiting free speech. These restrictions are particularly burdensome to smaller religious groups and can lead to stigmatization, harassment, and discrimination against their members. For instance, Kosovo’s new religion law singles out certain communities for special status while failing to address how other religious groups can obtain juridical personality as a religious organization, thereby creating a significant legal void from the start. I urge Kosovo authorities to follow the progressive Albanian system and create a neutral registration system of general applicability. Macedonia is considering a draft law now, and I hope authorities will fully adopt the recommendations of the OSCE Panel of Experts on Religious Freedom, as certain provisions of the draft regarding the granting of legal personality need additional refinement. I similarly call on Serbian officials to amend their current law and ensure all groups seeking registration receive legal status. Meanwhile, there is a need to step up efforts to respect the sanctity and ensure the safety of places of worship that have in the past been the targets of ethnically-based violence in Kosovo, Bosnia, Serbia and elsewhere. Mr. Speaker, concerted efforts by courageous leaders in the Balkans and elsewhere have helped move the region from the edge of the abyss to the threshold for a brighter and more prosperous future. I congratulate the countries of southeastern Europe on the progress achieved thus far and encourage them to make further progress to ensure that all of the people of the region benefit.
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briefing
The Sterilization Investigation in the Czech Republic
Tuesday, August 15, 2006This briefing addressed the policy pursued by the Czechoslovak Government during the 1970s and 1980s to reduce the birthrate of Roma by targeting some Romani women for sterilization. Although it was generally assumed that the practice of sterilizing Romani women without their consent had stopped after the fall of communism, allegations that this practice had not definitively ended persisted throughout the 1990s, in both the Czech Republic and Slovakia. The Commission expressed concern over this issue, especially in light of the head of the Slovak Nationalist Party calling for the restriction of the birth rate of Roman as recently as February of 2006. Gwendolyn Albert, Director of the League of Human Rights in Prague, presented testimony on the League’s efforts to secure justice for ethnic Romani women living in the Czech Republic who were coercively sterilized. This issue was presented in the context of overall human rights violations committed against the Romani minority in the Czech Republic, ranging from racially motivated murder to discrimination in employment and housing.
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press release
Helsinki Commission Report Describes Investigations Into Wrongful Sterilizations in Slovakia and Czech Republic
Monday, August 14, 2006A United States Helsinki Commission staff report released today describes investigations into the practice of sterilizing Romani women without informed consent in Slovakia and the Czech Republic. The report describes an investigation by the Czech Public Defender of Rights as an “unflinching examination” of “highly sensitive issues.” An investigation of the same issue by the Slovak Government was “marred by numerous shortcomings and insufficient follow up.” During the 1970s and 1980s, the Czechoslovak Government pursued a policy aimed at reducing the birthrate of Roma, including by targeting Romani women for sterilization. Although it was generally assumed that the practice of sterilizing Romani women without their consent had stopped after the fall of communism, allegations that this practice had not definitively ended persisted throughout the 1990s in both the Czech Republic and Slovakia. Slovakia investigated allegations regarding sterilization in 2003, and questions continue to be raised about this matter at international fora. The Czech Public Defender of Rights issued a report on December 23, 2005, confirming that some women had been sterilized without informed consent. “I commend the Czech Public Defender of Rights for his courageous and principled investigation into this sensitive issue,” said Commission Chairman Senator Sam Brownback (R-KS), “and I call on the next Czech Government to move quickly to act on his recommendations.” “Unfortunately,” added Commission Co-Chairman Rep. Christopher H. Smith (R-NJ), “Slovakia has yet to admit that this terrible practice occurred, despite clear evidence to the contrary. I urge the Slovak Government to acknowledge that some Roma women were sterilized without their consent and to ensure that women are given proper access to their own medical records.” The report states, “[T]he Slovak Government has failed to demonstrate any compassion for women and girls who were sterilized without their consent and deprived of the opportunity to bear children again. By treating their claims as lies, the government has effectively treated these victims as liars, and compounded their original injury with this indignity. If the Slovak Government is to counter the endemic prejudice faced by its most marginalized minority, it must acknowledge the fact – and state it publicly – that wrongful sterilizations of Romani women did occur.” Recent parliamentary elections in Slovakia are cited in the report as a potential hindrance to progress on this issue. Slovak parliamentary elections were held on June 17, and those elections produced a coalition government that includes the extremist Slovak National Party. As recently as February 2006, Jan Slota, head of the Slovak National Party, stated that if his party joined the government after the June elections, he would seek to control the birth rate of “unadapted” Roma. The report is available through the Helsinki Commission's web site at www.csce.gov. The Commission will examine the issue in more detail during a briefing featuring Ms. Gwendolyn Albert, Director of the League of Human Rights in Prague, that will be held on August 15, 2006, at 2:00 PM in Room 2255 of the Rayburn House Office Building.
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publication
Accountability and Impunity: Investigations Into Sterilization Without Informed Consent in the Czech Republic and Slovakia
Monday, August 14, 2006On December 23, 2005, the Czech Public Defender of Rights issued a report confirming that some Romani women had been sterilized without informed consent. His report constitutes an unflinching examination of several highly sensitive issues: the relationship between patients and doctors in the Czech Republic, the eugenics movement in Czechoslovakia, communist-era policies toward the Romani minority, and the question of whether the post-communist Czech Government brought a definitive end to the communist-era policy of targeting Romani women for sterilization. This report stands in stark contrast with Slovakia’s flawed investigation (completed in October 2003) of the same issue, which was marred by numerous shortcomings and insufficient follow-up. That inquiry prompted changes to the legal framework for sterilization in Slovakia which should help safeguard against the possibility that anyone will be sterilized without informed consent in the future. However, the Slovak Government’s investigation dismissed sterilizations without informed consent as merely “procedural shortcomings.” Moreover, the Slovak Government’s failure to acknowledge that wrongful sterilizations did, in fact, occur, contributes to the chasm of mistrust that divides Slovakia’s Romani and non-Romani citizens. Non-Roma have been misled by their government to believe that Roma falsely made accusations of egregious wrongs, and government institutions established to defend human rights have utterly failed to protect the rights of Roma. Download the full report to learn more.
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briefing
The Human Rights Situation of Roma: Europe's Largest Ethnic Minority
Friday, June 16, 2006This briefing addressed the status of Roma, Europe’s largest minority and also one of its most marginalized. In particular, the causes and implications of the housing crisis facing Roma; the progress of efforts to end segregated education in the region; and the impact on Roma of rising populist and extremist movements were discussed. Personal testimonies presented by the witnesses addressed the disproportionate levels of poverty, illiteracy, and unemployment that Roma face throughout the region, but also examined the current actions undertaken by Roma to gain control of their political destiny – including winning seats in the European Parliament and winning cases before the European Court on Human Rights.
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hearing
Human Rights, Democracy, and Integration in South Central Europe
Thursday, June 15, 2006The hearing, led by the Hon. Christopher H. Smith, the Hon. Sam Brownback , and the Hon. Benjamin L. Cardin, focused primarily on the legal restrictions on religious activities and other attacks on religious freedom, lagging efforts to combat trafficking in persons, discrimination and violence against Roma, and the prevalence of official corruption and organized crime. The efforts to encourage Bosnia-Herzegovina to move beyond the limitations imposed by the Dayton Peace Agreement will be discussed. Further, the plight of the displaced and minority communities of Kosovo, and the need for Serbia to cooperate fully with the International Criminal Tribunal will also be covered.
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article
From Promises to Practice: Implementation of National Policies on Roma, Sinti and Travellers
Tuesday, June 13, 2006By Erika Schlager, Counsel for International Law A recent conference on Romani issues provided a positive benchmark on how far the international community has come in addressing discrimination toward Europe’s largest ethnic minority group. The meeting also served to highlight how much more national governments have to do to address the needs of Roma in their countries. On May 4 and 5, 2006, the Government of Romania, along with several inter-governmental and non-governmental partners, hosted an “International Conference on the Implementation and Harmonization of National Policies for Roma, Sinti, and Travellers: Guidelines for a Common Vision.” The two-day meeting, conducted in Romani, Romanian, and English, was well attended and focused on housing, employment, community policing, and the status of Roma in Kosovo. Although one opening speaker joked that the magnitude of logos on display for the numerous hosts reminded him of medieval European heraldic insignia, the meeting demonstrated that at least in one area – Romani issues – two major players in this field, the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe, are able to put aside institutional rivalries in favor of cooperation. The conference hosts included the Austrian Presidency of the Council of the European Union, the Council of Europe, the European Commission, the European Union Monitoring Center, the European Roma and Travellers Forum, the OSCE, the Project on Ethnic Relations, and the Romanian Government in its capacity as Chair of the Council of Europe and as President of the Decade of Roma Inclusion. The Bucharest conference was convened to follow up on a similar meeting held in October 2005 in Warsaw. The title of the meeting underscored one of the key goals of Romani activists: turning promises into practice. For national governments, this means developing both the legal framework as well as the political will necessary for the full implementation of national policies and practices that meet the needs of their Romani minorities. Currently eight countries – Bulgaria, Croatia, the Czech Republic, Hungary, Macedonia, Romania, Serbia and Montenegro, and Slovakia – participate in the “Decade of Roma Inclusion.” The Decade is a multilateral initiative, supported by the Open Society Institute (OSI) and the World Bank, designed to establish measurable national goals for improving the situation of Roma in four priority areas: education, employment, health, and housing. In the context of this initiative, all of the countries involved have adopted national action plans as a basis for addressing these specific areas during the period 2005-2015. Romani leaders look to opportunities like the Bucharest conference to push for improved implementation of the action plans. Nicolae Gheorghe, a veteran of the Romani civil rights movement who will soon conclude his tenure as the OSCE Senior Advisor remarked that, 16 years ago, he thought the impetus for change would come from international organizations. Today, he suggested, change must be implemented by national governments. The focus of the conference was by no means exclusively on the eight Decade countries. While these eight countries collectively are home to roughly half of Europe’s Romani population, the addition of Central Europe’s large Romani minority into an expanded European Union has also served to heighten the attention given to Romani issues in Western Europe. This heightened awareness was reflected in the inclusion of speakers from countries such as Finland, Spain, Sweden, and the United Kingdom. Indeed, one Council of Europe speaker drew pointed attention to problems “in some of the oldest members of the European Union.” The situation of Roma in Kosovo as well as Kosovo Romani refugees and internally displaced person was addressed in a plenary session that underscored the widespread concern over the precarious situation of that particular Romani community. The plight of Kosovo Roma remains a top priority for Romani activists across the region. Some speakers argued that Romani representatives should be included in the ongoing status talks on Kosovo. The conference also addressed the issues of housing, employment, and police relations as they relate to the Romani communities. A Council of Europe official suggested that, in the aftermath of Romania’s recent floods, the Romanian Government should take advantage of the opportunities presented in the post-emergency context to regularize the legal status of Romani housing in flood-affected areas. A Hungarian Romani police officer noted that the inspiration for his transnational Romani Police Officers Association came from a meeting in New York with representatives of the National Black Police Officers Association. Changes Bring New Challenges As a benchmark for progress, the conference clearly showed how far the international community has come in addressing Roma issues. In 1994, the OSCE held its first seminar on Romani human rights issues. At that meeting, two interventions illustrated clearly the chasm that separated governments from the experiences and perspectives of their most vulnerable citizens. On one side stood Florina Zoltan, who described the brutal pogrom in Hadareni, Romania, that one year earlier had left her a young widow. On the other side, an Italian Government official welcomed the opportunity to attend a meeting where one could finally talk about that pesky “Gypsy crime problem.” There was little room for dialogue, let alone mutual cooperation. Twelve years later, the landscape has changed dramatically. Many government delegations to the Bucharest conference included Romani officials, and the improvements made in protecting the basic human rights of Roma now leaves enough political space for the discussion of other factors which contribute to the marginalization of Europe’s largest minority. (At the same time, this development prompted one Romani NGO to lament the virtual decapitation of the Romani civil rights movement: as more Roma move into government and inter-governmental positions, there are fewer independent Romani voices to hold those authorities accountable.) As the number of international meetings on Romani issues has increased in recent years, organizers of such meetings face considerable challenges in meeting the ever higher expectations for them, and governments, non-governmental actors, and international organizations must work hard to avoid duplication and create a sense of forward motion and real change. And, as suggested in concluding remarks by a Council of Europe representative, such conferences must figure out how to reach out to local governments, national parliaments and, above all, the majority populations which are the source of the discrimination Roma face.
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hearing
Advancing the Human Dimension in the OSCE: The Role of the Office for Democratic Institutions and Human Rights
Wednesday, May 17, 2006This hearing, led by the Helsinki Chairman the Hon. the Hon. Sam Brownback, Co-Chairman the Hon. Christopher H. Smith Office, and ranking member the Hon. Alcee L. Hastings, examined the role that Democratic Institutions and Human Rights (ODIHR) has played over the last fifteen years. ODIHR’s role in advancing human rights and the development of democracy in the OSCE participating States was noted and agreed to be particularly important. ODIHR is engaged throughout Western Europe and the former Soviet Union in the fields of democratic development, human rights, tolerance and non-discrimination, and promotion of the rule of law and has set the international standard for election observation. Within the hearing, the challenges that ODIHR faces were examined, specifically those instigated by the Russian Federation, Belarus and a small minority of the OSCE participating states seeking to undermine the organization under the guise of reform. ODIHR has earned an international reputation for its leadership, professionalism, and excellence in the area of election observation. That being said, ODIHR’s mission is much broader, encompassing a wide range of human rights activities aimed at closing the gap between commitments on paper and the reality on the ground in signatory countries.
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briefing
Tools for Combating Anti-Semitism: Police Training and Holocaust Education
Tuesday, May 09, 2006The Helsinki Commission held a briefing on Holocaust education tools and law enforcement training programs undertaken by the Organization for Security and Cooperation in Europe. Co-Chairman Smith cited the vicious murder of Ilan Halimi as a reminder of the need to redouble efforts to combat anti-Semitism and to speak out when manifestations of related hatred occur. The briefing highlighted specific programs which promote awareness of the Holocaust and provide law enforcement professionals with the tools to investigate and prosecute hate-inspired crimes. Paul Goldenberg, a Special Advisor to ODIHR who designed the law enforcement training program which assists police to recognize and respond to hate crimes, stressed that law enforcement professionals must be recognized as an integral part of the solution. Dr. Kathrin Meyer addressed the challenges presented by contemporary forms of anti-Semitism and highlights ways to address the subject in the classroom. Other witnesses – including Rabbi Andrew Baker, Director of International Jewish Affairs for the American Jewish Committee; Stacy Burdett, Associate Director of Government and National Affairs, Anti-Defamation League; and Liebe Geft, Director, Simon Wiesenthal Center’s Museum of Tolerance also presented testimony at this briefing.
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statement
Remarks on Passage of H.Res.578, Concerning the Government of Romania's Ban on Intercountry Adoptions and on the Welfare of Orphaned and Abandoned Children in Romania
Wednesday, April 05, 2006Mr. Speaker, H. Res. 578 expresses deep disappointment that the Romanian government has instituted a virtual ban on intercountry adoptions with serious implications for the well-being of orphaned and abandoned children in Romania. Immediately after the December 1989 revolution, Mr. Speaker, which ousted the much-hated dictator Nicholae Ceausescu, the world learned that tens of thousands of underfed, neglected children were living in institutions, called orphanages, throughout Romania. A month after the fall of Ceausescu, Dorothy Taft, who is our deputy chief of staff at the Commission on Security and Cooperation in Europe, and I traveled to Bucharest and visited those orphanages. We also met with government officials and spoke about the hope for democracy in that country. But one of the most lasting impressions that I have from that trip is being in an orphanage in Bucharest, where dozens of children were lined up with no one to turn them, to change their diapers and, in some cases, even to feed them with the frequency that their little bodies required. It left a lasting impression upon me. Sadly, all these years later, Mr. Speaker, Romania's child abandonment rate that we witnessed firsthand on that trip has not changed significantly over those years. As of December 2005, 76,509 children are currently in the child protection system. While the Romanian government deserves at least some credit for reducing the number of children living in institutions from 100,000 to 28,000, this is only part of the picture. The government statistics do not include the abandoned infants living for years in maternity and pediatric hospitals, where donations from charities and individuals keep the children alive; and more than 40,000 of the children moved out of the institutions are living in nonpermanent settings or foster care, or with maternal assistance, paid by the government or with a distant relative who do not intend to adopt them, but do accept them for a stipend. In the context of Romania's ascension to the European Union, unsubstantiated allegations have been made about the qualifications and motives for those who adopt internationally and the fate of those adopted children. Intercountry adoption, Mr. Speaker, was falsely equated with child trafficking, and Romania faced relentless pressure to prohibit intercountry adoptions. Sadly, rather than focusing on the best interest of the children, Romanian policymakers acquiesced to the European Union's pressure, especially its rapporteur, Lady Emma Nicholson, by enacting a law in 2004 that banned intercountry adoption, except by biological grandparents. By foreclosing foreign adoptions, the laws codified the misguided proposition that a foster family, or even an institution, is preferable to an adoptive family outside of the child's country of birth. Between 1990 and 2004, I would note, more than 8,000 Romanian children found permanent families in the United States and thousands more joined families in Western Europe and elsewhere. This possibility is now gone. Some Romanians and Europeans argue that this law, this misguided law, is somehow consistent with Hague Convention on the Intercountry Adoptions and the Rights of the Child Convention. They also allege that “there is little scope, if any, for international adoptions in Romania because there are so few children who are legally adoptable.” Mr. Speaker, the low numbers declared “legally adoptable” is not something to be proud of. It is a contrivance. Indeed, it is a denunciation of the child welfare system, which now places such an unrealistic priority on unification with blood relatives that it is nearly impossible to determine any child is adoptable, no matter how old and how long they have been in state care without contact with the blood relatives. If more children were made available for adoption, there would be a great need for intercountry adoption. Barely a thousand children have ever been domestically adopted in Romania in any given year. As a result of the new laws, only 333 children were entrusted for domestic adoption last year. For thousands of children abandoned annually in Romania, domestic or intercountry adoption offered the hope of a life outside of foster care or an institution. That hope has now been dashed and destroyed. Last September, Mr. Speaker, I chaired a hearing of the Commission on Security and Cooperation in Europe at which Maura Harty, the Deputy Under Secretary of State, rebutted the argument that the adoption ban is somehow consistent with Romania's intercountry international treaty obligations. Likewise, our witnesses, including Dr. Dana Johnson, Director of the International Adoption Clinic and Neonatology Division at the University of Minnesota's Children's Hospital, testified that Romania's concentration on 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. He also talked about the deleterious effect of such waiting, being held in foster care and especially in institutions, has on a child's mental, as well as their physical health. When Romania enacted its intercountry adoption ban, there were 211 pending cases in which children have been matched with adoptive parents in the United States. Approximately a thousand more have been matched with parents in Western Europe, Israel and Australia. In the past few weeks there have been unofficial reports that pending applications are being rejected across the board and the dossiers returned to the adoptive parents. A document from the Romanian Office for Adoption acknowledged that fewer than 300 of these children have been placed in permanent situations, either returned to biological parents or adopted within Romania. The vast majority remain in limbo. This cannot be the last word of what we often call “the pipeline cases.” The Romanian government repeatedly promised to analyze each pending case thoroughly, but the review that has supposedly been done was not transparent, was not done on a case-by-case basis, and was not conducted according to clear and valid criteria that is in the best interest of each individual child. These cases involve prospective families who have proven their good faith, by waiting for years for these children. Many cases involve children who will not be domestically adopted due to their special needs, medical or societal prejudices. In at least three cases, Mr. Speaker, children are already living in the United States with their prospective adoptive parents while receiving life-saving medical treatment, including a child with spina bifida. These children were legally adoptable until Romania's new law took effect. Let me say that when I introduced this resolution in November, I asked the question, who in the European Union will stand with Members of our Congress, to protect these defenseless children? Today I am happy to say, members of the European Parliament are challenging the anti-adoption monopoly over this issue and that is encouraging. On December 15, the European Parliament urged Romania to act in the pending cases with the goal of allowing intercountry adoptions to take place where justified and appropriate. In March, the European Parliament's rapporteur for Romania's EU accession, Mr. Pierre Moscovici, reported that he notably differs on the issue of international adoption of Romanian children from the previous rapporteur, Baroness Emma Nicholson, whose virulent anti-adoption views that hurt the children of Romania are now very, very well known. I applaud the European Parliament and I am glad that our parliament, this Congress, is poised to go on record very strongly in trying to resolve these pipeline cases. In closing, I want again to thank Chairman Hyde and Ranking Member Lantos for their tremendous support for this resolution and the underlying issue of trying to encourage intercountry adoption in a country, Romania that has now, in a misguided fashion, turned their back on those children who could find loving, durable homes with the adoption option. Let me also thank so many other people who were a part of this, but especially Maureen Walsh, who is our General Counsel for the Commission on Security and Cooperation in Europe, for her extraordinary expertise and work on the issue and this resolution. We have had an ongoing process, contacting the highest levels of the government of Romania, from the President on down. It has been ongoing. It has been frequent. Our hearing that Ben Cardin and I put on last year I think brought all of these issues to the fore in a way that were very persuasive on the part of the pipeline families, as well as the issue itself. The intercountry adoption is a loving, compassionate option, and certainly is far better than languishing in an orphanage somewhere where the child is warehoused. Mr. Speaker, so we call upon the Romanian government again to reverse its position, to cease its mucking under Lady Nicholson's pressure, which is now going into reverse. The European Union, as I said before, is showing clear signs that it concludes it has made a profound mistake. I want to thank Mr. Cardin, who is our ranking member on the Commission on Security and Cooperation in Europe, who has been working on these issues side by side.
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hearing
Freedom Denied: Belarus on the Eve of the Election
Thursday, March 09, 2006Presidential elections in Belarus are scheduled to be held March 19, against the backdrop of stepped up repression by the regime of Alexander Lukashenka. The Belarusian strongman's power grab, begun a decade ago, has included liquidation of the democratically elected parliament, a string of fundamentally flawed elections and manipulation of the country's constitution to maintain power. A climate of fear following the disappearance of leading opposition figures in 1999 has continued with the harassment and arrests of opposition activists and the forced closure of independent newspapers. Rights violations in Belarus have intensified in the aftermath of the Orange Revolution in neighboring Ukraine, as the regime seeks to squelch dissent. The repressive environment has made it difficult for opposition candidates to engage in normal campaign activities. Meanwhile, administration of the elections at all levels remains firmly in the hands of Lukashenka loyalists.
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article
European Court Rules in Critical Czech Desegregation Case; Equal Access to Education for Roma Remains Goal
Tuesday, February 21, 2006By Erika B. Schlager Counsel for International Law Summary In 1999, several Romani students from the Czech Republic brought a suit before the European Court on Human Rights alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated European human rights law. On February 7, 2006, a seven-member Chamber of the Court held that the applicants failed to prove that their placement in “special schools” was the singular result of intentional racial discrimination. The plaintiffs have 3 months to appeal to a 17-member Grand Chamber. Elsewhere in Central and Southern Europe, Roma are also pursuing efforts to achieve equal access to education. Background During the Communist-era, many East European countries developed a practice of channeling Roma into schools for children with mental disabilities, called “special schools.” Critics have argued that this practice constitutes, de facto, a form of segregating Roma into a separate and inferior school system. The Ostrava Case “Unsatisfactory performance of Gypsy children in Czech and Slovak schools is often “solved” by transferring the children to special schools for the mentally retarded. During the school year of 1970-71 in the Czech lands alone, about 20% of Gypsy children attended these special schools as against only 3% of children from the rest of the population. According to psychological tests the great majority of these children should not be in these schools. This indiscriminate transferring of Gypsy children to these special schools, which is the general practice, reflects unfavorably on the whole Gypsy population. A child who “graduates” from such a school has the same standing as a child who did not finish his basic schooling. Access to better employment opportunities is closed. Even art schools are closed to them, while persons with special musical talent - not uncommon among Gypsies - are shunned. Musical and dance groups are interested in these talented persons, however, they cannot employ them. “The main reason for the unsatisfactory performances of Gypsy children is the fact that there are no schools which teach Gypsy culture and try to develop it. The powers that be are, on the contrary, doing everything to suppress Gypsy culture and the media assists in this destruction by spreading lies, such as that Gypsy culture does not exist. Gypsy children are forced to attend schools where they are taught in the Czech or Slovak language and where, from the pictures in the primer, they get the impression that they are foreign, that they are second class citizens, without their own language, without a past and without a future.” - Situation of the Gypsies in Czechoslovakia, Charter 77 Document No. 23, issued December 13, 1978 by Vaclav Havel and Dr. Ladislav Hejdanek, Charter 77 Spokesmen In 1999, a group of Roma from Ostrava, the Czech Republic’s third largest city, brought suit against their government, alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated Czech national and constitutional law, as well as European human rights law. At the time the case was brought, a number of Czech newspapers ran editorials indirectly espousing some form of school segregation. For example, one leading newspaper ran an article arguing that educating a “future plumber” and a “future brain surgeon” together ultimately benefits neither one. On October 20, 1999, the Czech Constitutional Court rejected the plaintiffs’ claim. In the view of the court, it did not have the jurisdiction to address the broad pattern of discriminatory treatment alleged – allegations supported by compelling statistical evidence but no smoking gun that proved an explicit intent to discriminate against the individual plaintiffs. Notwithstanding the Constitutional Court’s perceived jurisdictional inability to provide a remedy to the plaintiffs, the Court recognized “the persuasiveness of the applicants’ arguments” and “assume[d] that the relevant administrative authorities of the Czech Republic shall intensively and effectively deal with the plaintiffs’ proposals.” Having exhausted their domestic remedies, the students then turned to the European Court of Human Rights in Strasbourg, an organ of the Council of Europe. In connection with that suit, Case of D.H. and Others v. The Czech Republic, the Czech Government acknowledged that, nationwide, 75 percent of Czech Roma were channeled into special schools. In some special schools, Roma made up 80-90 percent of the student body. The Czech Government also acknowledged that “Roman[i] children with average or above-average intellect [we]re often placed in such schools” for children with mental disability. In opposing the plaintiffs’ claims, the Czech Ministry of Education attempted to deflect an examination of whether their placement in schools for the mentally disabled was the result of racial bias by claiming (among other things) that Romani parents have a “negative attitude” toward education. This assertion was particularly ironic, given the lengths to which the plaintiffs’ parents were willing to go – all the way to Europe’s highest human rights court – to ensure their children could get a good education. “In countries with substantial Romani communities, it is commonplace for Romani children to attend schools that are largely comprised of Roma or to be relegated to Roma classes within mixed schools. In its most pernicious form, segregation is achieved by routing Romani children into ‘special schools’ – schools for the mentally disabled – or into classes for mentally disabled children within regular schools”. - Report on the Situation of Roma and Sinti in the OSCE Area, issued by the OSCE High Commissioner on National Minorities, 2000 Moreover, this broad sweeping generalization, originally made before the Czech Constitutional Court, was viewed by some as confirmation of racial prejudice in the Czech education system. Remarkably, it was repeated without comment in the European Court’s decision. Putting aside the bias reflected in the Ministry of Education’s assertion, there is no evidence demonstrating that a parent’s “negative attitude” results in actual mental disability in his or her children. Meanwhile, the Czech Government adopted some changes to the law on special schools which came into effect on January 1, 2005 (Law No. 561/2004) and on February 17, 2005 (Decree No. 73/2005). To some degree, these changes were reactive to the issues raised by the Ostrava suit, including the criticisms of the procedures by which parental consent was purportedly obtained for the placement of children in special schools. Nevertheless, non-governmental groups monitoring this situation argue that the changes have not dismantled an education system that remains effectively segregated and that the changes fail to provide redress or damages for the Romani plaintiffs from Ostrava who were denied equal access to mainstream schools. The case in Strasbourg was heard by a seven-member Chamber of European Court and resulted in a 6-1 decision. Significantly, the President of the Chamber issued a concurring decision, in which he stated that some of the arguments of the dissenting judge were very strong. He also suggested that in order to hold that there had been a violation of the Convention in this case, the Chamber might have to depart from previous decisions of the Court. In his view, overturning or deviating from past rulings is a task better undertaken by the Grand Chamber of the Court. The applicants have three months to decide whether to appeal this decision to a 17-member Grand Chamber. While the underlying issues which led Roma to bring this suit still persist, there are many indications that prejudices against Roma in the Czech Republic have diminished since the Ostrava case was first heard by the Czech Constitutional Court. For example, when the European Court issued its holding in the case, a leading daily paper wrote that although the Czech Government “won” its case, there were still significant problems for Roma in the Czech educational system that needed to be addressed. Limitations of the European Court Decision Significantly, there were several issues the court did not address. The suit in question was brought under Article 14 of the European Convention on Human Rights, which is the non-discrimination provision of the Convention, in conjunction with Article 2 of Protocol 1 to the Convention, which provides for a right to education. In essence, discrimination in education based on race, ethnicity or social origin is prohibited. When interpreting this standard, the Court referred to previous cases in which it held that States party to the European Convention “enjoy a certain margin of appreciation in assessing whether and to what extent differences in otherwise similar situations justify a difference in treatment.” The Court also reiterated “that the setting and planning of the curriculum falls in principle within the competence of the Contracting States.” In short, while European Convention norms prohibit discrimination in education, States still have considerable discretion in designing their education programs. But while the Court reiterated this jurisprudence, it failed to indicate what is meaningfully left of Articles 14 and Protocol 1, Article 2? What threshold must be crossed before the court will actually determine that alleged discrimination takes a case out of the discretion of the States party to the Convention and brings it within the reach of the Court? Two other issues the court did not address do not relate so much to the court’s own jurisprudence, but from parallel developments in European Union norms in the field of non-discrimination. “The European Parliament [ . . . c]alls on Member States in which Roma children are segregated into schools for the mentally disabled or placed in separate classrooms from their peers to move forward with desegregation programmes within a predetermined period of time, thus ensuring free access to quality education for Roma children and preventing the rise of anti-Romani sentiment amongst school-children.” - European Parliament resolution on the situation of the Roma in the European Union, adopted April 25, 2005 In 2000, the European Union adopted “Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,” more commonly known as the “Race Directive.” The directive is binding on all current 25 Member States of the European Union and is intended to ensure a minimum level of protection from race discrimination in all EU countries in several areas, including education. (The fifteen countries that were EU members as of 2000 had until July 19, 2003, to transfer the directive into national law; applicant countries had until the date of their accession. The Czech Republic joined the EU in 2004 but, in fact, it has not yet adopted comprehensive anti-discrimination legislation. Legislation was introduced in the parliament in late 2005, but the draft was narrowly rejected by the Senate in January 2006.) The Race Directive requires Member States to adopt comprehensive anti-discrimination legislation that, among other things, requires anti-discrimination legislation to include both direct and indirect discrimination. Indirect discrimination, which is at issue in the Ostrava case, is defined by the directive as occurring when “an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are proportionate and necessary.” The legislation should also shift the burden of proof in civil cases from the plaintiffs to the defendants once a prima facie case of discrimination has been made. Thus, the EU Race Directive anticipates exactly the kind of case the plaintiffs in the Ostrava case presented. Under the provisions of the directive, the overwhelming pattern of disparate treatment of Roma demonstrated by the plaintiffs should shift the burden of proof from them to the Czech Government. (Notably, the directive was not applicable to the Czech Republic at the time of the Constitutional Court’s decision.) While the European Court of Human Rights does not adjudicate compliance with or implementation of the EU Race Directive, the Court’s overall approach to the Ostrava case appears to lag behind the legal developments in the European Union and, potentially, render the European Court a less effective vehicle for addressing discrimination than other existing or emerging tools in Europe. Regional Issues and Trends On November 27, 2003, the OSCE Permanent Council adopted “Decision No. 566, Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area.” In particular, that Action Plan calls on the participating States to “[e]nsure that national legislation includes adequate provisions banning racial segregation and discrimination in education and provides effective remedies for violations of such legislation.” In addition, participating States were urged to: 73. Develop and implement comprehensive school desegregation programmes aiming at: (1) discontinuing the practice of systematically routing Roma children to special schools or classes (e.g., schools for mentally disabled persons, schools and classes exclusively designed for Roma and Sinti children); and (2) transferring Roma children from special schools to mainstream schools. 74. Allocate financial resources for the transfer of the Roma children to mainstream education and for the development of school support programmes to ease the transition to mainstream education. Thus, all OSCE participating States, including the Czech Republic, have agreed, in principle, to the goal of integrating Roma in education and eradicating de facto segregated school where it may exist. In 2004, the European Roma Rights Center issued a report, Stigmata: Segregated Schooling of Roma in Central and Eastern Europe, examining the experiences of five countries (Bulgaria, the Czech Republic, Hungary, Romania, and Slovakia). The report describes the most common ways of segregating Romani children from non-Roma: channeling Roma into “special schools” for children with developmental disabilities; the de facto segregation that goes hand-in-hand with existence of Romani ghettos; having mixed-population schools where Romani children are segregated into all-Romani classes; and the refusal of some local authorities to enroll Romani children in mainstream schools. The report concludes that, unfortunately, “with the exception of Hungary, concrete government action aimed at desegregating the school system has not been initiated to date.” In addition to the countries examined in Stigmata, the European Roma Rights Center has reported on unequal access to education for Roma in other countries, including Greece and Denmark. In a 2004 Danish case, Roma were placed into separate classes in one particular locality. Following complaints from a Romani non-governmental organization, the Danish Ministry of Education intervened to end this practice. In the case of Greece, the Greek Helsinki Monitor has reported on several localities where Roma are denied equal access to schools. These cases remain unresolved. In Hungary and Bulgaria, some efforts to litigate this issue have made their way into the courts, with mixed results. “Education is a prerequisite to the participation of Roma and Sinti people in the political, social and economic life of their respective countries on a footing of equality with others. Strong immediate measures in this field, particularly those that foster school attendance and combat illiteracy, should be assigned the highest priority both by decision-makers and by Roma and Sinti communities. Educational policies should aim to integrate Roma and Sinti people into mainstream education by providing full and equal access at all levels, while remaining sensitive to cultural differences.” - OSCE Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, 2003 In October 2004, the Budapest Metropolitan City Court of Appeals upheld a lower court decision ordering a primary school and the local government of Tiszatarjan to pay damages to nine Romani families whose children were wrongly placed in “special schools” between 1994 and 1999. In June 2005, a court dismissed a case brought against the Miskolc Municipality alleging city-wide segregation. A Hungarian non-governmental organization which assisted in filing the suit, Chance for Children Foundation, is appealing. Other legal disputes continue to surround a self-proclaimed “private school” in Jaszladany (established at least in part with municipal resources). A study commissioned by the Ministry of Education found the “private school” violated the law and contributed to racial segregation. Notwithstanding some recent government initiatives to address this problem in Hungary, desegregation initiatives have met resistance in significant quarters. Former Prime Minister Victor Orban (who also heads of Hungary’s largest opposition party, FIDESZ), argued in a speech on January 29, 2006, that integrated schooling should not be mandatory, but left to local officials and parents to “choose” or reject. In fact, the greatest resistance to integrated schooling often comes at the local level. In Bulgaria – where the government continues to deal with Roma through an office for “demographic issues” – efforts to address the causes of segregation have largely originated with the non-governmental community. Particularly promising results have been achieved in Viden, where community-based efforts, supported by international non-governmental organizations, have resulted in integrating Roma and ethnic Bulgarian school children. Efforts to replicate that program elsewhere, however, have not been embraced by the government. In addition, in a landmark holding, the Sofia District Court held on October 25, 2005, that the Bulgarian Ministry of Education, the Sofia Municipality and School Number 103 of Sofia violated the prohibition of racial segregation and unequal treatment provided in Bulgarian and international law. In welcoming that ruling, the European Roma Rights Center declared, “After a period of 51 years, the soul of Brown v. Board of Education has crossed the Atlantic.”
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statement
European Parliament Restores Support for Inter-Country Adoption
Friday, December 16, 2005Mr. 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.
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statement
Remarks by Benjamin L. Cardin on Recommending Integration of Croatia into NATO
Wednesday, December 14, 2005Mr. Speaker, I am pleased to support this resolution as the ranking member of the Helsinki Commission. I visited Croatia in 2000, shortly after new leadership came into power, and I was confident of the country's commitment to reform. I believe, 5 years later, we have seen that the people of Croatia truly are committed to reform. Of particular interest to me as a determinant of U.S. policy toward southeastern Europe has been the degree to which countries cooperate with the International Criminal Tribunal for the former Yugoslavia, located in The Hague. While Croatia has had a generally good record in this regard, the Gotovina case remained as a blot on that record. Fortunately, with Gotovina's recent apprehension on Spain's Canary Islands, Croatia can put this issue behind it. I hope, however, that the people of Croatia will view the work of the Tribunal as a necessary step to determine guilt or innocence, and that Croatian courts will similarly seek justice regarding cases relating to war crimes and crimes against humanity that it considers, regardless of who was responsible for these crimes and who were the victims. I also call for all remaining indictees to be apprehended and transferred to The Hague, in particular Ratko Mladic and Radovan Karadzic. The House made a similar call earlier this year when passing the resolution marking the massacre at Srebrenica in Bosnia. There has been some progress this year, but both Bosnian Serb and Serbian authorities need to do more. Otherwise, they will fall further behind in European and Euro-Atlantic integration to their own detriment.
Mr. Speaker, I thank the gentleman from New York (Mr. Gilman), the chairman of the Committee on International Relations, and the ranking member of my subcommittee, the gentleman from California (Mr. Lantos), for working with me and with my friend and colleague, the gentleman from Indiana (Mr. Hamilton) to help bring this resolution to the floor. Mr. Speaker, House Resolution 562 addresses the difficult subject of claims arising from uncompensated property confiscation by totalitarian regimes in Central and Eastern Europe.
House Resolution 562 stemmed from a Helsinki Commission hearing that I held in 1996 that examined the efforts underway to restore plundered properties in Central and Eastern Europe. One of the witnesses at that hearing explained that under the international law and practice, the U.S. government is only able to seek compensation from foreign governments on behalf of property claimants who were American citizens at the time that their property was taken. In contrast, claimants who were not American citizens when their property was taken have at their disposal only the domestic law of their former country, even if they later became naturalized American citizens. Mr. Speaker, this resolution urges countries to pass laws that will commit their governments to return plundered properties to their rightful owners, or, when actual return of property is not possible, to provide prompt, just, and effective compensation. This compensation language derives from the Bonn agreement on the Conference on Security and Cooperation in Europe in which the participating states, including those in Central and Eastern Europe, recognized the `right to prompt compensation in the event private property is taken for public use.'
This resolution also urges countries that have adopted restitution and compensation laws to implement those laws effectively and expeditiously. By adopting this resolution, Mr. Speaker, the Congress will lend its voice and persuasive power to that of the Council of Europe and the European Parliament, which have both passed strongly-worded and similarly-worded resolutions calling on the countries of Central and Eastern Europe to adopt legislation for the restitution of plundered properties. I hope this will have the full support of the body.
Mr. Speaker, I thank the Chairman of the International Relations Committee, Mr. Gilman, and the Ranking Member of my Subcommittee, Representative Tom Lantos, for working with me to bring this resolution to the floor. Similar legislation was introduced in the 104th Congress, reintroduced in this Congress, and offered as an amendment to the foreign relations authorization bill which has not been passed by the Congress. H. Res. 562 is co-sponsored by my colleagues Mr. Gilman, Mr. Lantos, Mr. Hyde, Mr. Rohrabacher, and Mr. Fox, and by my fellow members of the Helsinki Commission: Mr. Christensen, Mr. Hoyer, Mr. Salmon, and Mr. Markey.
Mr. Speaker, H. Res. 562 addresses the difficult subject of claims arising from uncompensated property confiscations by totalitarian regimes in Central and Eastern Europe. Throughout much of this century, individuals and religious communities in Central and Eastern Europe saw their private property plundered by totalitarian regimes. In particular, Communist regimes expropriated real property, personal property, financial property, business property, and religious property in fulfillment of a main tenet of communism: the abolition of private property. Moreover, Communist-era expropriations often compounded Fascist-era wrongs.
The restitution of property in Central and Eastern Europe today has a multitude of possible effects: restitution will demonstrate a commitment to the rule of law, will advance these countries in the establishment of free market economies, will encourage foreign investment, will help the newly-democratic regimes distance themselves from their totalitarian predecessors, and will provide a measure of justice to the victims of fascism and communism.
H. Res. 562 stemmed from a 1996 Helsinki Commission hearing that examined the efforts underway to restore plundered properties in Central and Eastern Europe. Our witnesses at that hearing, Stuart Eizenstat, then the Under Secretary of Commerce for International Trade and the U.S. Special Envoy for Property Claims in Central and Eastern Europe, and Delissa Ridgway, the then-Chairwoman of the Foreign Claims Settlement Commission, explained that under international law and practice, the United States Government is only able to seek compensation from foreign governments on behalf of property claimants who were American citizens at the time their property was taken.
Under one common scenario, the United States obtains payment of such claims by having the Secretary of State, on behalf of the President, negotiate a government-to-government settlement agreement that settles a block of claims by American citizens against the foreign government in exchange for a lump-sum payment from the foreign government to the United States. Before or after such a settlement is reached, the Foreign Claims Settlement Commission (FCSC), an independent, quasi-judicial Federal agency within the Department of Justice, determines the validity and valuation of property claims of U.S. nationals against that foreign government. The FCSC informs the Secretary of the Treasury of the results of the FCSC's adjudications and the Secretary of the Treasury then distributes funds from the lump-sum settlement on a pro rata basis to the U.S. nationals that obtained awards from the FCSC. In contrast, claimants who were not American citizens when their property was taken have at their disposal only the domestic law of their former country, even if they later became naturalized American citizens. Considering these realities, Congress has a role in helping enable these dispossessed property owners to file claims in their former homelands with a real possibility of achieving a just resolution.
Since that 1996 hearing, the Helsinki Commission has actively encouraged the governments in Central and Eastern Europe to adopt nondiscriminatory property restitution laws and has sought to intervene on behalf of several claimants whose rights under existing restitution and compensation laws are not being respected. While some progress has been made, the Helsinki Commission nonetheless continues to receive hundreds of letters from American and foreign citizens with unresolved property claims in Central and Eastern Europe. The writers plead for help from the Helsinki Commission and from Congress. Many have been struggling for seven or eight years to regain possession of their family properties. Many are elderly and are losing hope that they will ever recover their property.
The issues addressed by this resolution are timely and, Mr. Speaker, they demand our attention. Some countries in the region have not yet adopted restitution or compensation laws. In those that have, certain requirements imposed on claimants involve so many conditions and qualifications that something just short of a miracle seems necessary for the return of any property. In Communist countries, expropriated properties were often given to Communist party officials or collaborators. In many cases, these former officials still live in the properties. Regrettably, a number of the democratic governments now in place are stalling and delaying the return of those properties to their rightful owners. Worse yet, some governments are offering meager compensation to the rightful owners and then allegedly reselling the properties for a profit that the State then pockets.
The resolution urges countries to pass laws that will commit their governments to return plundered properties to their rightful owners or, when actual return of property is not possible, to provide `prompt, just and effective compensation.' This compensation language derives from the Bonn Document of the Conference on Security and Cooperation in Europe (now the Organization on Security and Cooperation in Europe) in which the participating States, including those in Central and Eastern Europe, recognized the `right to prompt compensation in the event private property is taken for public use.'
The resolution also urges countries that have adopted restitution or compensation laws to implement those laws effectively. Several examples help illustrate the state of affairs in Central and Eastern Europe with respect to property restitution. The Helsinki Commission staff met recently with a group known as the Committee for Private Property that has collected information from more than fifteen hundred people with outstanding restitution claims in Romania. Most of these claimants are American citizens, hundreds of whom filed legal claims in Romania and followed the proper judicial process to obtain decrees reinstating their property titles. After obtaining what they believed to be final and irrevocable decrees, the property owners began paying taxes on their properties or, in at least one case, thousands of dollars due on an old mortgage, only to have the Romanian Special Prosecutor appeal the cases to the Supreme Court and win reversals of the judicial decisions.
On the other hand, some positive advancements have been made in regard to communal property restitution in Romania. In April 1997, the Romanian Government adopted a resolution restoring Jewish community ownership rights over six buildings, including the National Jewish Theater, and issued a May 1997 decree that established a committee with joint government and community participation to review communal property claims. This past June, the Romanian Government pledged to return an additional seventeen buildings to several minority ethnic communities. These efforts are positive steps forward in the restitution of more than three thousand communal properties, such as orphanages, cultural centers, apartment buildings, ethnic community centers, and houses of worship, lost by religious and minority communities under communism. Regrettably, however, legislation to return properties to the Greek Catholic Church was blocked in Romania's parliament last year and has yet to be enacted.
Another group, American Owners of Property in Slovenia, has also contacted the Commission about property claims. This group estimates that at least 500 emigres from the former Yugoslavia are now American citizens with property claims in Slovenia. Despite clear mandates in Slovenia's restitution and compensation law requiring action on filed claims within one year, government officials have not implemented the law; the vast majority of claims remain pending without resolution seven years after the law was passed and five years after the filing deadline. Of the approximately 40,000 applications filed by the 1993 deadline, only 35 percent of the individual claims filed had been resolved by the end of 1997; sixty-five percent of the claims had received no action or only dilatory action. The Slovenian Government has not shown the political will to return property and has failed to take the administrative measures needed to implement the legislation. Moreover, it is of particular concern that this past September, the Slovenian parliament adopted amendments to its restitution law that contain numerous provisions that may further restrict the ability of victims of the Communist regime to regain ownership and access to their properties.
Similarly, in Lithuania, despite enactment of a restitution and compensation law, Lithuanian Government officials also appear disinclined to return properties. Property claimants there encounter a variety of roadblocks to restitution, including citizenship requirements, unreasonable bureaucratic delays, and the sudden, suspicious inclusion of claimed properties on an official `Register of Immovable Cultural Properties' as the basis for non-restitution. In one case, Mr. Vytautas Sliupas, an American with dual Lithuanian citizenship, has struggled for seven years to regain ownership and possession of inherited property in Palanga, Lithuania. One building is controlled by the Ministry of Culture and Education and is reportedly used by the National Museum of Lithuania primarily as a vacation site for Museum personnel. The second property is controlled by the City of Palanga and is rented to a commercial entity. These properties belong to Mr. Sliupas' family and were nationalized, without compensation, by the Communist regime. In 1993, the Minister of Culture and Education issued an official letter stating that the Ministry agreed to return the first property to Mr. Sliupas. In 1997, the City of Palanga passed a resolution to return the second property to Mr. Sliupas. Nonetheless, the groups occupying the properties have failed to comply with the orders to vacate. Mr. Sliupas has sought unsuccessfully to obtain the assistance of various government entities, including the courts, in enforcing his right to regain possession of these properties. The Lithuanian Government recently informed the Helsinki Commission that the property has been placed on the Register of Immovable Cultural Properties and, therefore, cannot be restituted to Mr. Sliupas.
In Croatia, the Czech Republic, Lithuania, Romania, Slovakia, and other countries, the existing restitution and compensation laws only allow people who are currently residents or citizens of the country to apply for restitution. The Czech Republic's citizenship requirement discriminates almost exclusively against individuals who lost their Czech citizenship because they chose the United States as their refuge from communism; as many as 8,000-10,000 Czech-Americans are precluded from even applying for restitution or compensation because of this requirement. Citizenship and residency requirements have been found to violate the nondiscrimination clause of the International Covenant on Civil and Political Rights, an international agreement that these countries have voluntarily signed onto, and yet the countries mentioned have been unwilling to eliminate the restrictions.
The resolution calls on these countries to remove citizenship or residency requirements from their restitution and compensation laws. Mr. Speaker, the examples given only begin to show the obstacles faced by property claimants in formerly totalitarian countries. This past August, Stuart Eizenstat, now the Under Secretary of State or Economic, Business and Agricultural Affairs and the U.S. Special Envoy for Property Claims in Central and Eastern Europe, testified before the International Relations Committee about the need for Congress to pass a resolution that encourages Central and East European countries to return wrongfully expropriated property. While that hearing focused on Holocaust-era assets, in reality many Holocaust victims who suffered the loss of their property at the hands of the Nazis were victimized again by Communist regimes. I comment Under Secretary Eizenstat for his tireless efforts on behalf of Holocaust victims and I hope that the United States Government will make property restitution and compensation a priority in Central and Eastern Europe, as it has done in Cuba, Nicaragua and other countries.