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statement
The Continuing Plight of Roma in Greece
Monday, May 19, 2003Mr. Speaker, the European Roma Rights Center (ERRC) and Greek Helsinki Monitor (GHM) have just published a report on the human rights situation of Roma in Greece. “Cleaning Operations: Excluding Roma in Greece” documents the plight of the inhabitants of the Romani settlement of Aspropyrgos, outside Athens, and details the problems of Roma across the country. Illustrated with stark scenes of bulldozed homes and marginalized and neglected Romani communities, a picture disturbing in more ways than one has been painted. In particular, the report supports the accusation that the Government of Greece has used preparations for the 2004 Olympics as justification for the campaign to uproot Roma. Ironically, Greece currently holds the presidency of the European Union. The Helsinki Commission, which I co-chair, held hearings in 1998, 2000, and in 2002 focused on the human rights problems faced by Roma with the intent of raising the awareness of these problems amongst the governments of the OSCE participating States. The plight of the Roma has also been addressed in specific hearings or briefings covering Greece, Russia, Serbia, Kosovo, and Romania, as well as the OSCE process. Members of the Commission have also sent several letters to Greek leaders in recent years addressing longstanding human rights concerns in the Hellenic Republic, including those affecting the Romani community. These expressions of concern have specifically addressed forced evacuations of Roma from numerous villages, the abusive application of the use of national identity cards issued to Roma, the inability of Roma children to have access to schools on a non-discriminatory basis and other matters of blatant racial discrimination. This newly released report on Roma clearly indicates that the Greek Government has failed to properly address many of these ongoing concerns. At a June 2002 Commission hearing on Greece, in fact, I raised the specter of an intensified campaign targeting Roma to obtain land for use as venues for the 2004 Olympics. This campaign is well documented in this report. Notwithstanding the assertions of Greek officials at the Commission hearing that “everything is done (concerning the relocation) in consultation with, and with the consent of, the Roma involved,” numerous non-governmental organizations have raised such issues with Athens. Greek human rights activists have stepped forward. As an original signatory to the 1975 Helsinki Final Act, Greece has accepted numerous commitments pertaining to the treatment of Roma and joined in condemning discrimination against Roma, a provision found in the 1999 Istanbul OSCE Summit Document. Regrettably, the Greek Government has failed to fulfill these commitments, as documented in the new ERRC/GHM report on Roma in Greece. The ERRC and GHM conducted intensive field missions that revealed several patterns of human rights abuse against Roma in Greece: cruel and inhuman or degrading treatment of Roma in housing; police violence against Roma; exclusion of Roma from the educational system; and, barriers to access to health care and other social support services for Roma. Based on the facts in this report and the discussions I have had over the years in my leadership capacity with the Helsinki Commission, I urge the Government of Greece to take corrective measures, without delay, along the lines recommended by the ERRC and the GHM: 1. Facilitate access to Greek citizenship for those Roma residing in Greece who are stateless and provide the necessary legal documents (such as identity cards) to all Roma. 2. Use all appropriate means to guarantee protection against forced evictions outside the rule of law and without due process. 3. Bring to justice public officials and private individuals responsible for forced evictions of Roma in breach of Greek law. 4. Carry out thorough and timely investigations into all alleged instances of police abuse. 5. Undertake effective measures to ensure that local authorities register all persons factually residing in a given municipality, without regard to ethnicity. 6. Ensure that Romani schoolchildren have equal access to education in a desegregated school environment. 7. Without delay, adopt comprehensive anti-discrimination legislation, as called for in the 1999 OSCE Istanbul Summit Document. 8. Conduct public information campaigns on human rights and remedies available to victims of human rights abuse, and distribute in both the Greek and Romani languages. 9. Conduct comprehensive human rights and anti-racism training for national and local administrators, members of the police force, and the judiciary. 10. At the highest levels, speak out against racial discrimination against Roma and others, and make clear that racism will not be tolerated. The Helsinki Commission will continue to monitor the situation of Roma in the Hellenic Republic with the aim of encouraging the Government of Greece to implement commitments it has agreed to within the framework of the Organization for Security and Cooperation in Europe. The Commission will also work to ensure that the plight of Roma in Greece is raised at the Human Dimension Implementation Meeting to be held this fall in Warsaw.
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statement
Taking Stock in Romania
Wednesday, May 07, 2003Mr. Speaker, I rise today to discuss the consolidation of democracy in Romania. As Co-Chairman of the Commission on Security and Cooperation in Europe--the Helsinki Commission--I have followed events in Romania for many years. The Romanian people have survived the repression of a brutal communist dictatorship and, in the years since the fall of that regime, have made great strides in building democratic institutions and the rule of law. However, much remains to be done to overcome the legacy of the past. Romania is a good friend and strong ally of the United States. I appreciate and thank the Government of Romania for its steadfast support of Operation Enduring Freedom in Afghanistan, where a battalion serves on the ground, and for its support of the U.S.-led military action in Iraq. Romania has been offered the much sought after admission to NATO, and today the Senate began debate on the Protocols of Accession. Romania is also an accession candidate to the EU. It is in the spirit of friendship that I continue to follow the human rights issues there, based on a belief that Romania will be a stronger democracy, and therefore a stronger partner, when respect for human rights is strengthened. Frankly, I am concerned that, following Romania’s invitation to join NATO, the reform momentum in Bucharest may have dissipated. Mr. Speaker, I believe that there is no greater barometer of democracy than free speech and freedom of the press. While there is no doubt that the Romanian people have access to a broad range of print and electronic media, 13 years after the fall of Ceausescu, Romanian law still includes communist-era criminal defamation provisions which impose prison terms for offenses such "insult" or "offense against authority." These laws cause a chilling effect on independent and investigative journalism and should be repealed. Today, I received a letter from Foreign Minister Geoana, informing me that a new draft Penal Code would do exactly that. This is encouraging news, and I will follow this process closely with the hope that articles 205, 206, 236, 236 (1), 238, and 239 of the Romanian Penal Code will actually be repealed and not just modified. Mr. Speaker, there is no international requirement that countries must make property restitution or provide compensation for confiscated properties. However, if a legal process for property restitution or compensation is established, international law requires that it be nondiscriminatory and be implemented under the rule of law. Property restitution in Romania since the fall of communism has been slow and ineffective, and the laws--which the government has enacted to address the problem--lack transparency, are complex, and have not been effectively implemented. Restitution of communal property--for example, churches or synagogues--is especially difficult. In 1948, Romania’s communist government banned the Greek Catholic (Uniate) Church and ordered the incorporation of the Greek Catholic Church into the Orthodox Church. More than 2,500 churches and other buildings seized from the Uniates were given to Orthodox parishes. The government decree that dismantled the Greek Catholic Church was abrogated in 1989, however, of the thousands of properties confiscated from Greek Catholics, fewer than 200 have been returned nearly 15 years later. The status of thousands of properties belonging to the historic Hungarian faiths (Roman Catholic, Reformed, Lutheran and Unitarian), and the Jewish community, as well as other non-traditional religions has not been resolved, despite the enactment of a communal property restitution law in July of 2002. The restitution of private property in Romania is equally as murky. In February 2001, the Romanian Parliament enacted Law 10/2001, the express purpose of which, according to Article 1 (1) of the Law, is to make restitution in-kind of nationalized real property and, whenever such in-kind restitution is not possible, to make restitution in an equivalent consisting of cash for residential properties and vouchers to be used in exchange for shares of state-owned companies or services. This clearly stated principle has been undermined by so many exceptions that it becomes virtually meaningless. Those claimants who have overcome the numerous exceptions contained in the law have then been stymied by government recalcitrance when they have attempted to obtain the necessary documentation to support their claims. Many title deeds were purposely destroyed by the former communist regime. State archives, having been deluged with a significant volume of requests, complicate the process with chronic bureaucratic delays in processing property records, and seeming indifference to the urgency of those requests. The Government of Romania cannot expect claimants to file within prescribed deadlines, and then not provide them with the means to obtain the proof of their clams from the government’s own records. Further, I am disappointed by the ineffective and inadequate attempts of the Romanian Government to register the Jehovah’s Witnesses as an official religion. The inability of the government to make this happen is a serious concern, as it is more than an issue of legal personality, but also of rule of law, religious freedom and discrimination. In October 2001, I received personal assurances from Foreign Minister Geoana that this longstanding matter would be resolved; it has not despite a ruling by Romania’s highest court dating back to 2000. The Ministry of Culture and Religious Affairs seemed to provide a fix in October of last year, but it proved faulty and failed to bring closure to this matter. Mr. Speaker, I urge the competent Romanian authorities to remove this issue from the agenda by facilitating the recognition of the Jehovah’s Witnesses as an official religion without further delay. Another matter which I hope the Government of Romania will bring to closure is the rehabilitation and honoring of World War II dictator, Marshall Ion Antonescu, Hitler ally and war criminal condemned for the mass murder of Jews. Last year government officials publicly condemned efforts to honor Antonescu and removed from public land three statues that had been erected in his honor. One statue remains on public land in Jilava, the site of Antonescu’s execution, and important streets in the cities of Timisoara and Oradea continue to be named after him. I urge the Government of Romania to remove these remaining vestiges honoring the former dictator. Finally, Mr. Speaker, I want to express my continuing concern about the Romani minority in Romania. I appreciate that Romania was the first country in Central Europe to adopt comprehensive anti-discrimination legislation. This was an extremely important and positive step. But there appears to be a rising tide of intolerance against Roma, manifested by scapegoating of Roma in the media and in the statements of some public officials. In all likelihood, this climate contributed to the tragic events in Buhusi last December, when a number of Roma were shot during a police raid, including a 14-year-old boy who was reportedly shot in the back. I hope the Romanian Government will play a leadership role in countering prejudice against Roma and will continue to implement programs to address discrimination against them. Protection and promotion of fundamental freedoms and human rights, as well as commitment to the Helsinki Final Act and respect for Organization for Security and Cooperation in Europe norms and principles, are requirements for NATO membership. As a participating State of the OSCE, and as a candidate for admission to NATO, Romania has made that commitment. It is my hope, Mr. Speaker, that the Government of Romania will use this opportunity to strengthen its democracy, not retreat from it.
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statement
10 Years of Remembrance: The United States Holocaust Memorial Museum
Wednesday, April 30, 2003Mr. Speaker, today I want to pay special tribute on the 10th anniversary of the United States Holocaust Memorial Museum. During the past decade, the institution and its dedicated staff members have worked tirelessly to promote remembrance of the Holocaust and to draw lessons for the future from this very dark chapter of mankind's recent history. When the Museum was dedicated and formally opened in late April 1993, this event culminated over 10 years of preparation that started in 1980 with the chartering of the institution by a unanimous Act of Congress. Recognizing the work of the Museum this week is very fitting, as it is the week of Holocaust Remembrance Day, a time for honoring the millions of Jews who died almost 60 years ago under Nazi tyranny. As set forth in its mission statement, the Holocaust Memorial Museum has become America's national institution for the documentation, study, and interpretation of Holocaust history, and is this country's memorial to the millions of people murdered during the Holocaust. The Museum and its International Archives Project focuses on all individuals who suffered during the Holocaust, in addition to the six million executed Jews, the horrific Nazi treatment of millions of Roma, disabled, religious and political prisoners, and prisoners of war. The Museum plays a critical role in advancing and disseminating information, documenting the historicity of the Holocaust, while also preserving the memory of individuals who suffered. While insuring that the lessons of the past will not be forgotten, the Museum has actively and creatively developed ways to work towards a better future. The institution's dedication to dealing with the horrors of genocide, whether in Nazi Germany, Bosnia, Rwanda or Cambodia is a critical part of the effort to mobilize international action against this plague on all humanity. The Committee on Conscience plays a particularly significant role in bringing timely attention to acts of genocide or related crimes against humanity. The Museum has rightfully become one of Washington's most revered attractions. The hundreds of thousands of visitors who have toured the Museum since its opening have left with an unforgettable experience and the opportunity to reflect on the deep moral questions stemming from the tragedy of the Holocaust. The Museum's research center has served as a critical resource for scholars who try to help us better understand the lessons of this terrible chapter of human history. The creation of the United States Holocaust Memorial Museum has also encouraged other countries to move to establish comparable institutions including, most significantly, in Berlin, Germany. The U.S. Helsinki Commission, which I co-chair, has worked with the Museum on several occasions, from pushing for the release of documents from the Romani concentration camp in Lety, Czech Republic, to urging Romania to give greater meaning to its stated commitment of rejecting anti-Semitism by removing Antonescu statues from public lands. In response to the alarming spike of anti-Semitic incidents found last summer in Europe, myself and other Members of the Commission have been very active in urging governments and elected officials to denounce the violence and ensure their laws are enabled to prosecute the perpetrators. In support of this effort, I have introduced H. Con. Res. 49, urging, among other things, European states to "promote the creation of educational efforts throughout the region encompassing the participating States of the OSCE to counter anti-Semitic stereotypes and attitudes among younger people, increase Holocaust awareness programs, and help identify the necessary resources to accomplish this goal." It is my hope that other countries will copy the unique and effective model of the United States Holocaust Memorial Museum. Congress has designated April 27th to May 4th as "Days of Remembrance," when our nation will commemorate again the victims of the Holocaust. May we use this time of reflection that will reinforce our common determination to learn from history's harsh lessons.
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publication
Human Rights and Inhuman Treatment
Tuesday, November 05, 2002As part of an effort to enhance its review of implementation of OSCE human dimension commitments, the OSCE Permanent Council decided on July 9, 1998 (PC DEC/241) to restructure the Human Dimension Implementation Meetings periodically held in Warsaw. In connection with this decision - which cut Human Dimension Implementation Meetings from three to two weeks - it was decided to convene annually three informal supplementary Human Dimension Meetings (SHDMs) in the framework of the Permanent Council. On March 27, 2000, 27 of the 57 participating States met in Vienna for the OSCE's fourth SHDM, which focused on human rights and inhuman treatment. They were joined by representatives of OSCE institutions or field presence; the Council of Europe; the United Nations Development Program; the United Nations High Commissioner for Refugees; the International Committee of the Red Cross; and representatives from approximately 50 non-governmental organizations.
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briefing
Intolerance in Contemporary Russia
Tuesday, October 15, 2002Donald Kursch, senior advisor at the US Commission on Security and Cooperation in Europe, led this briefing regarding the emergence of bigotry and anti-semitic rhetoric in Russia. Kursch emphasized that the Russian Federation pledged to promote tolerance and non-discrimination and counter threats to security such as intolerance, aggressive nationalism, racist chauvinism, xenophobia and anti-Semitism. In the then open environment that prevailed in Russia, proponents of bigotry were more at ease to propagate their unwelcome messages. Experts discussed current trends as well as prospects for fostering a climate of tolerance toward ethnic and religious minorities in the Russian Federation. Ludmilla Alexeyeva, Chairperson of the Moscow Helsinki Group, presented the group’s recent report entitled “Nationalism, Xenophobia and Intolerance in Contemporary Russia.” Micah Naftalin, Executive Director of the Union of Councils for Jews in the Former Soviet Union presented its compilation on “Anti-Semitism, Xenophobia, and Religious Persecution in Russia’s Regions.”
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statement
Recommending the Integration of the Republic of Slovakia Into NATO
Monday, October 07, 2002Mr. Speaker, I rise in support of H. Res. 253, recommending the integration of Slovakia into the North Atlantic Treaty Organization. In my years of service with the Commission on Security and Cooperation in Europe, I have observed the sometimes difficult transition to democracy of this Central European country. It has been very difficult for them. It was because of Slovakia's own authoritarian leaders, most notably Vladimir Meciar, that Slovakia was rightly excluded from the accession process in 1997. Today, it is thanks to a new generation of bright and enlightened Slovak leaders that that situation has dramatically been reversed. To the credit of the Dzurinda government, many important changes have already been undertaken. The support of the U.S. Congress for Slovakia's admission to NATO reflects the deep respect my colleagues and all of us have for these remarkable achievements. Let me just say to my colleagues that the reform process in Slovakia should not end with the Prague-NATO summit. On the contrary, the long-term well-being of Slovakia requires that this process continue and indeed intensify after November. In this regard, there are three areas that I believe deserve particular attention. First, the most recent elections clearly demonstrate Slovakia's ability to elect pro-democracy, pro-western governments that respect the sacredness and sanctity of human life. The results of the 1998 elections were not a fluke but an illustration of real and meaningful democratic transition that first found its voice in civil society and then in the government itself. The question now is whether that maturity will also be found in a loyal opposition in the parliament, one that by definition has policy differences from time to time from the ruling coalition, but whose ultimate interest is in serving the Slovak people. Second, the Slovakia government must make headway in fighting corruption. Unless and until that happens, the rule of law will remain weak, economic development will go to other countries, and justice will be elusive. Finally, Slovak leaders must address in earnest the scourge of racism against the Roma. This problem, as we all know, is not unique to Slovakia. While other countries in the region have moved to counter the most alarming manifestations of hatred and intolerance, violent attacks, Slovakia has failed to bring these attacks under control. The NATO Participation Act of 1994, I would remind my colleagues, which all of us supported, made clear that “participants in the Partnership for Peace should be invited to become full NATO Members if they remain committed to protecting the rights of all of their citizens.'' So we make a strong appeal to the Slovak leadership, please, undertake aggressive efforts to protect the Roma. Mr. Speaker, I want to thank again my good friend for his leadership on this issue.
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hearing
Property Restitution in Central and Eastern Europe: the State of Affairs for American Claimants
Tuesday, July 16, 2002This hearing examined property restitution and compensation efforts of the post-Communist governments of Central and Eastern Europe. In particular, this hearing examined their efforts in regards to the property of refugees who fled to the United States during World War II. Co-Chairman Smith reported on his efforts to personally raise concerns with officials of many countries regarding the need for nondiscriminatory laws that would be faithfully implemented. While Central and Eastern European governments have done much regarding restitution, the Helsinki Commission continued to receive a steady stream of letters from individuals and organized groups pleading for assistance in their struggles to recover stolen property.
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hearing
Romani Human Rights: Old Problems, New Possibilities
Tuesday, April 09, 2002This hearing discussed the mistreatment of the Romani, in particular the discrimination they face in Central and Eastern Europe. Witnesses commented on the exclusion of Romani from public facilities in several countries, which the governments justify as legal and legitimate public order measures. Witnesses also brought up articles in several European newspapers that explicitly described Roma children as less intelligent and more suited for “special” schools with limited academic resources. The hearing also discussed the use of a successful anti-discrimination program in Viden, Bulgaria as a model for other communities.
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article
Criminal Defamation and “Insult” Laws: A Summary of Free Speech Developments in Slovakia
Friday, December 14, 2001Numerous international documents, including those adopted by the Organization for Security and Cooperation in Europe (OSCE), establish freedom of expression as a fundamental right. The right to free speech, however, is not absolute. Consistent with international law, certain kinds of speech, such as obscenity, may be prohibited or regulated. When governments restrict speech, however, those restrictions must be consistent with their international obligations and commitments; for example, the restrictions must be necessary in a democratic country and proscribed by law. Criminal defamation and “insult” laws are often defended as necessary to prevent alleged abuses of freedom of expression. They are not, however, consistent with OSCE norms and their use constitutes an infringement on the fundamental right to free speech. Criminal Defamation Laws All individuals, including public officials, have a legitimate right to protect their reputations if untruthful statements have been made about them. Untrue statements which damage a person’s reputation constitute defamation. Oral defamation is known as slander; defamation in writing or other permanent forms such as film is libel. In some instances, criminal codes make defamation of public officials, the nation, or government organs a discreet offense, as distinct from defamation of a person. Truthful statements – as well as unverifiable statements of opinion – are not legally actionable as defamation. Indeed, the European Court of Human Rights has held that public officials must tolerate a greater degree of criticism than private individuals: “The limits of acceptable criticism are accordingly wider as regards a politician as such than as regards a private individual. Unlike the latter, the former inevitably and knowingly lays himself open to close scrutiny of his every word and deed by both journalists and the public at large, and he must consequently display a greater degree of tolerance.” (Lingens v. Austria, Eur. Ct. H.R., 1986.) Criminal defamation laws are those which establish criminal sanctions for defamation. Those sanctions may include imprisonment, fines, and prohibitions on writing. Individuals convicted of defamation in a criminal proceeding and sentenced to suspended prison terms may be subjected to the threat of immediate imprisonment if, for example, they violate an order not to publish. The existence of a criminal record may also have other social and legal consequences. In a criminal defamation case, state law enforcement agents (police and prosecutors) act, using taxpayer money, to investigate the alleged defamation and to act on behalf of the alleged victim. It is sometimes argued that criminal defamation laws are necessary to achieve the legitimate goal of providing the victims of defamation with redress. But general laws against libel and slander, embodied in civil codes, provide private persons as well as public officials the opportunity to seek redress, including damages, for alleged defamation. In such cases, the plaintiff and defendant stand in court as equals. Accordingly, specific criminal laws prohibiting defamation are unnecessary. “Insult” Laws "Insult" laws make offending the "honor and dignity" of public officials (e.g., the President), government offices (e.g., the Constitutional Court), national institutions, and/or the “state” itself punishable. Unlike defamation laws, truth is not a defense to a charge of insult. Accordingly, insult laws are often used to punish the utterance of truthful statements, as well as opinions, satire, invective, and even humor. Although insult laws and criminal defamation laws both punish speech, significant differences exist between them. Defamation laws are intended to provide a remedy against false assertions of fact. Truthful statements, as well as opinion, are not actionable. The use of civil laws to punish defamation is permissible under international free speech norms. The use of criminal sanctions to punish defamation, however, chills free speech, is subject to abuse (through the use of state law enforcement agents), and is inconsistent with international norms. In contrast, recourse to any insult law, whether embodied in a civil or a criminal code, is inconsistent with international norms. Their Use Today At one time, almost all OSCE countries had criminal defamation and insult laws. Over time, these laws have been repealed, invalidated by courts, or fallen into disuse in many OSCE participating States. Unfortunately, many criminal codes contained multiple articles punishing defamation and insult. Thus, even when parliaments and courts have acted, they have sometimes failed to remove all legal prohibitions against insult or all criminal sanctions for defamation. In communist countries and other anti-democratic regimes, such laws are often used to target political opponents of the government. Today, when insult and criminal defamation laws are used, they are most often used to punish mere criticism of government policies or public officials, to stifle political discussion, and to squelch news and discussion that governments would rather avoid. It is relatively rare for a private individual (someone who is not a public official, elected representative, or person of means and influence) to persuade law enforcement representatives to use the tax dollars of the public to protect their reputations. In some OSCE countries, such laws are still used to systematically punish political opponents of the regime. Even in countries where these laws have fallen into a long period of disuse, it is not unheard of for an overzealous prosecutor to revive them for seemingly political purposes. The International Context Numerous non-governmental organizations have taken strong positions against criminal defamation and insult laws. These include Amnesty International; Article 19; the Committee to Protect Journalists; national Helsinki Committees such as the Bulgarian Helsinki Committee, Croatian Helsinki Committee, Greek Helsinki Committee; Romanian Helsinki Committee; and Slovak Helsinki Committee; the International Helsinki Federation; The World Press Freedom Committee; Norwegian Forum for Freedom of Expression; national chapters of PEN; and Reporters Sans Frontières. Moreover, the UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media, and the Organization of American States Special Rapporteur on Freedom of Expression issued a joint statement in February 2000 which included the following conclusions, based on relevant international norms: “Expression should not be criminalized unless it poses a clear risk of serious harm. [. . . ] Examples of this are laws prohibiting the publication of false news and sedition laws. . . . These laws should be repealed.” “Criminal defamation laws should be abolished.” “Civil defamation laws should respect the following principles: public bodies should not be able to bring defamation actions; truth should always be available as a defense; politicians and public officials should have to tolerate a greater degree of criticism. . . .” Finally, the United States Department of State regularly reports on cases where criminal defamation or insult laws have been used in its annual Country Reports on Human Rights Practices and, at OSCE meetings, has frequently called for the repeal of such laws in recent years. Illustrative Slovak Cases Since the establishment of an independent Slovak state on January 1, 1993, there have been a steady trickle of people who have been charged with “insulting” or defaming public officials. At present, for example, journalist Ales Kratky is facing charges of criminal defamation in connection with his May 2001 criticism of a speech delivered by President Rudolf Schuster. If found guilty, Kratky faces a possible two-year prison term. In March 2000, journalist Vladimir Mohorita was sentenced to four months in prison for criticizing the government’s decision to allow NATO aircraft to use Slovak airspace during the Kosovo crisis. In a substantially larger number of instances, individuals (most often journalists and politicians) have been threatened with charges of defamation or insult. Indeed, it is a time-honored tradition in Slovakia to accuse one’s political enemies of defamation. In addition to free speech concerns presented by recourse to criminal defamation and insult laws, developments in Slovakia have raised other free speech concerns. For example, the charge of defamation of race, creed or nationality has become increasingly popular in recent years. Deputy Jan Slota, widely known for his inflammatory anti-Hungarian and anti-Roma rhetoric, survived an effort to strip him of his parliamentary immunity in 1999 as a prelude to charging him with defamation of race, creed or nationality. More recently, Romani activist Alexander Patkolo has been threatened with the charge of spreading alarming information and human rights lawyer Columbus Igboanusi has been threatened with charges of spreading alarming information and defaming the Republic of Slovakia. Sources include: Amnesty International (AI); Article XIX; the Committee to Protect Journalists; East European Constitutional Review; “Freedom in the World” reports (published by Freedom House); Index on Censorship; Radio Free Europe/Radio Liberty; U.S. State Department annual Country Reports on Human Rights; the World Press Freedom Committee. Relevant Slovak Laws News reports about persons charged with criminal defamation or “insulting” public officials, government offices or national institutions often do not cite the specific legal basis for the charges. In Slovakia, the laws which appear to give rise to such charges include the following: Article 49 (1) (a) of the Simple Offenses Act provides that anyone who offends another person by insulting him or exposing him to ridicule may be punished by a fine. Article 102 of the Penal Code prohibits defamation of the Republic, National Council of the Slovak Republic, Government or the Constitutional Court of the Slovak Republic, punishable by up to two years in prison. Article 103 of the Penal Code prohibits defamation of the President of the Republic for the execution of his powers or for his activities in the political life, punishable by up to two years in prison. Article 154(2) of the Penal Code prohibits gross insults or defamation of an organ of state administration in the exercise of its function or in connection with its function, punishable by up to one year in prison. Article 206 of the Penal Code prohibits the dissemination of false and discrediting information about another person, punishable by up to two years in prison. If the defamation occurs in the broadcast or print media, the punishment may increase to five years. In addition, someone convicted under this article may be banned from working as a journalist.
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briefing
Roadblock to Religious Liberty: Religious Registration
Thursday, October 11, 2001The United States Helsinki Commission conducted a public briefing to explore the issue of religious registration, one of many roadblocks to religious liberties around the world, focusing on religious registration among the 55 nations of the Organization for Security and Cooperation in Europe. The troubling trend followed by several OSCE participating states toward restricting the right to freedom of religion by using registration schemes, making it virtually impossible for citizens to practice their faith was addressed. Panelists at the event – including Dr. Sophie van Bijsterveld, Co-Chair of the OSCE/ODIHR Advisory Panel of Experts on Freedom of Religion or Belief; Dr. Gerhard Robbers, Member of the OSCE/ODIHR Advisory Panel of Experts on Freedom of Religion or Belief; Vassilios Tsirbas, Senior Counsel for the European Centre for Law and Justice; and Col. Kenneth Baillie, Commanding Officer of the Salvation Army-Moscow – discussed the various ways governments are chipping away at religious liberty. New legislation concerning religious registration policies that could potentially stymie religious freedom within the OSCE region was also addressed.
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statement
Torture and Police Abuse in the OSCE Region
Friday, August 03, 2001Mr. Speaker, over the July Fourth recess, I had the privilege of participating in the U.S. Delegation to the OSCE Parliamentary Assembly's annual meeting held in Paris, where I introduced a resolution on the need for the OSCE participating States--all of our States--to intensify our efforts to combat torture , police abuse, and racial profiling. This resolution, adopted and included the Assembly's final Declaration, also calls for greater protection for non-governmental organizations, medical personnel, and others who treat the victims of torture and report on their human rights violations. The resolution also condemns the insidious practice of racial profiling, which has the effect of leaving minorities more vulnerable to police abuse. Finally, my resolution calls for the OSCE participating States to adopt, in law and in practice, a complete ban on incommunicado detention. Tragically, recent news reports only underscore how urgent the problem of police abuse is. I would like to survey a few of the reports received by the Helsinki Commission in recent weeks. First, on July 7 in Slovakia, the body of Karol Sendrei, a 51-year-old Romani father, was returned to his family. The convoluted account of his death has included mutual recriminations among police officers and, so far, has led to the resignation of the mayor of Magnezitovce and indictments against three police officers. While much remains to be sorted out, this much is clear: On July 5, Mr. Sendrei was taken into police custody. The next day, he died of injuries, including shock caused by a torn liver, cranial and pericardial bleeding, and broken jaw, sternum, and ribs. According to reports, Mr. Sendrei had been chained to a radiator and beaten over for the last twelve hours of his life. The deaths in police custody of Lubomir Sarissky in 1999 and now Mr. Sendrei, persistent reports of police abuse in villages like Hermanovce, and the reluctance of the police and judicial system to respond seriously to racially motivated crimes have all eroded trust in law enforcement in Slovakia. As Americans know from first-hand experience, when the public loses that trust, society as a whole pays dearly. I welcome the concern for the Sendrei case reflected in the statements of Prime Minister Dzurinda, whom I had the chance to meet at the end of May, and others in his cabinet. But statements alone will not restore confidence in the police among Slovakia's Romani community. Those who are responsible for this death must be held fully accountable before the law. Although it has received far less press attention, in Hungary, a Romani man was also shot and killed on June 30 by an off-duty police officer in Budapest; one other person was injured in that shooting. While the police officer in that case has been arrested, too often reports of police misconduct in Hungary are ignored or have been countered with a slap on the wrist. I remain particularly alarmed by the persistent reports of police brutality in Hajduhadhaz and police reprisals against those who have reported their abuse to the Helsinki Commission. In one case, a teenager in Hajduhadhaz who had reported being abused by the police was detained by the police again--after his case had been brought to the attention of the Helsinki Commission, and after Helsinki Commission staff had raised it with the Hungarian Ambassador. In an apparent attempt to intimidate this boy, the police claimed to have a “John Doe'' criminal indictment for “unknown persons'' for damaging the reputation of Hungary abroad. These are outrageous tactics from the communist-era that should be ended. I urge Hungarian Government officials to look more closely at this problem and take greater efforts to combat police abuse. I understand an investigation has begun into possible torture by a riverbank patrol in Tiszabura, following reports that police in that unit had forced a 14-year-old Romani boy into the ice-cold waters of the Tisza River. There are now reports that this unit may have victimized other people as well. I am hopeful this investigation will be transparent and credible and that those who have committed abuses will be held fully accountable. In the Czech Republic, lack of confidence in law enforcement agents has recently led some Roma to seek to form their own self-defense units. Frankly, this is not surprising. Roma in the Czech Republic continue to be the target of violent, racially motived crime: On April 25, a group of Roma was attacked by German and Czech skinheads in Novy Bor. On June 30, 4 skinheads attacked a group of Roma in Ostrava; one of the victims of that attack was repeatedly stabbed, leaving his life in jeopardy. On July 16, three men shouting Nazi slogans attacked a Romani family in their home in western Bohemia. On July 21, a Romani man was murdered in Svitavy by a man who had previously committed attacks against Roma, only to face a slap on the wrist in the courts. These cases follow a decade in which racially motivated attacks against Roma in the Czech Republic have largely been tolerated by the police. Indeed, in the case of the murder of Milan Lacko, a police officer was involved. More to the point, he ran over Milan Lacko's body with his police car, after skinheads beat him and left him in the road. I am not, however, without hope for the Czech Republic. Jan Jarab, the Czech Government's Human Rights Commissioner, has spoken openly and courageously of the human rights problems in his country. For example, the Czech News Agency recently reported that Jarob had said that “the Czech legal system deals `benevolently' with attacks committed by right-wing extremists, `[f]rom police investigators, who do not want to investigate such cases as racial crimes, to state attorneys and judges, who pass the lowest possible sentences.'” I hope Czech political leaders--from every party and every walk of life--will support Jan Jarab's efforts to address the problems he so rightly identified. Clearly, problems of police abuse rarely if ever go away on their own. On the contrary, I believe that, unattended, those who engage in abusive practices only become more brazen and shameless. When two police officers in Romania were accused of beating to death a suspect in Cugir in early July, was it really a shock? In that case, the two officers had a history of using violent methods to interrogate detainees--but there appears to have been no real effort to hold them accountable for their atrocities. I am especially concerned by reports from Amnesty International that children are among the possible victims of police abuse and torture in Romania. On March 14, 14-year-old Vasile Danut was detained by police in Vladesti and beaten severely by police. On April 5, 15-year-old loana Silaghi was reportedly attacked by a police officer in Oradea. Witnesses in the case have reportedly also been intimidated by the police. In both cases, the injuries of the children were documented by medical authorities. I urge the Romanian authorities to conduct impartial investigations into each of these cases and to hold fully accountable those who may be found guilty of violating the law. Mr. Speaker, as is well-known to many Members, torture and police abuse is a particularly widespread problem in the Republic of Turkey. I have been encouraged by the willingness of some public leaders, such as parliamentarian Emre Kocaoglu, to acknowledge the breadth and depth of the problem. Acknowledging the existence of torture must surely be part of any effort to eradicate this abuse in Turkey. I was therefore deeply disappointed by reports that 18 women, who at a conference last year publicly described the rape and other forms of torture meted out by police, are now facing charges Finally, Mr. Speaker, I would like to draw attention to the case of Abner Louima in New York, whose case has come to light again in recent weeks. In 1997, Abner Louima was brutally and horrifically tortured by police officials; he will suffer permanent injuries for the rest of his life because of the damage inflicted in a single evening. Eventually, New York City police officer Justin Volpe pleaded guilty of the crimes. Another officer was also found guilty of participating in the assault and four other officers were convicted of lying to authorities about what happened. On July 12, Abner Louima settled the civil suit he had brought against New York City and its police union. There has been no shortage of ink to describe the $7.125 million that New York City will pay to Mr. Louima and the unprecedented settlement by the police union, which agreed to pay an additional $1.625 million. What is perhaps most remarkable in this case is that Mr. Louima had reached agreement on the financial terms of this settlement months ago. He spent the last 8 months of his settlement negotiations seeking changes in the procedures followed when allegations of police abuse are made. As the Louima case illustrated, there is no OSCE participating State, even one with long democratic traditions and many safeguards in place, that is completely free from police abuse. Of course, I certainly don't want to leave the impression that the problems of all OSCE countries are more or less alike--they are not. The magnitude of the use of torture in Turkey and the use of torture as a means of political repression in Uzbekistan unfortunately distinguish those countries from others. But every OSCE participating State has an obligation to prevent and punish torture and other forms of police abuse and I believe every OSCE country should do more.
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statement
Romania's Chairmanship of OSCE
Friday, July 27, 2001Mr. Speaker, this year, Romania holds the chairmanship of the 55-nation Organization for Security and Cooperation in Europe (OSCE). Obviously, this is one of the most important positions in the OSCE and, as Romania is a little more than half way through its tenure, I would like to reflect for a moment on some of their achievements and challenges. First and foremost, I commend Romanian Foreign Minister Mircea Geoana for his leadership. In late January Minister Geoana met in the Capitol with members of the Helsinki Commission which I co-chair and again two weeks ago at the Parliamentary Assembly meeting in Paris, we had a helpful exchange of views. He has demonstrated, in word and deed, that he understands how important the role of chairman is to the work of the OSCE. His personal engagement in Belarus and Chechnya, for example, illustrates the constructive possibilities of the chairmanship. I appreciate Foreign Minister Geoana's willingness to speak out on human rights concerns throughout the region. As Chair-in-Office, we also hope that Romania will lead by example as it continues to implement economic and political reform and to further its integration into western institutions. In this regard, I would like to draw attention to a few of the areas the Helsinki Commission is following with special interest. First, many members of the Helsinki Commission have repeatedly voiced our concerns about manifestations of anti-Semitism in Romania, often expressed through efforts to rehabilitate or commemorate Romania's World War II leadership. I was therefore encouraged by the swift and unequivocal response by the Romanian Government to the inexcusable participation of General Mircea Chelaru in a ceremony unveiling a bust of Marshal Ion Antonescu, Romania's war-time dictator. I particularly welcome President Iliescu's statement that "Marshal Ion Antonescu was and is considered a war criminal for the political responsibility he assumed by making [an] alliance with Hitler.'' I encourage the Romanian Government to give even greater meaning to this statement and to its stated commitment to reject anti-Semitism. Clearly, the next step should be the removal of Antonescu statues from public lands, including those at the Jilava prison and in Slobozia, Piatra Neamt, and Letcani. Mr. Speaker, I also appreciate the recent statement by Prime Minister Nastase that journalists should not be sent to jail for their writings. But frankly, it is not enough for the Prime Minister merely to reject efforts to increase the criminal penalties that journalists are now vulnerable to in Romania. Non-governmental organizations have spoken to this issue with one voice. In fact, since the beginning of this year, NGOs have renewed their call for changes to the Romanian penal code that would bring it into line with OSCE standards. Amnesty International, Article l9, the Global Campaign for Free Expression, the International Helsinki Federation and the Romanian Helsinki Committee have all urged the repeal of articles 205, 206, 207, 236, 236(1), 238 and 239 from the criminal code and, as appropriate, their replacement by civil code provisions. I understand the Council of Europe made similar recommendations to Romania in 1997. Moreover, the OSCE Representative on Freedom of the Media has said, clearly and repeatedly, that criminal defamation and insult laws are not consistent with OSCE commitments and should be repealed. There is no better time to take this step than now, while Romania holds the Chairmanship of the OSCE. Public authorities, of course, should be protected from slander and libel, just like everyone else. Clearly, civil codes are more than adequate to achieve this goal. Accordingly, in order to bring Romanian law into line with Romania's international obligations and commitments, penal sanctions for defamation or insult of public authorities in Romania should be altogether ended. It is time, and past time, for these simple steps to be taken. As Chairman-in-Office, Minister Geoana has repeatedly expressed his concern about the trafficking of human beings into forced prostitution and other forms of slavery in the OSCE region. The OSCE has proven to be an effective forum for addressing this particular human rights violation, and I commend Minister Geoana for maintaining the OSCE's focus on the issue. Domestically, Romania is also in a position to lead by example in combating trafficking. Notwithstanding that the State Department's first annual Trafficking in Persons report characterizes Romania as a “Tier 3” country in the fight against human trafficking, that is, a country which does not meet minimum standards for the elimination of trafficking and is not making significant efforts to bring itself into compliance with those standards--it is clear the Government of Romania is moving in a positive direction to address the trafficking of human beings from and through its territory. For example, the Ministry of Justice is actively working on a new anti-trafficking law. The government is also cooperating closely with the Regional Center for Combating Trans-Border Crime, created under the auspices of the Southeast European Cooperative Initiative and located in Bucharest, and in particular, with the Center's anti-human trafficking task force. I encourage the Government of Romania to continue with these efforts and to undertake additional initiatives. For example, law enforcement officers in Romania, as in many other OSCE States, are still in need of thorough training on how to investigate and prosecute cases of suspected human trafficking. Training which reinforces the principle that trafficked persons deserve a compassionate response from law enforcement--as they are victims of crime themselves, not criminals, is necessary. When such training leads to more arrests of traffickers and more compassion toward trafficking victims, Romania will be a regional leader in the fight against this modem slavery. Finally, Mr. Speaker, I would like to say a few words about the Romani minority in Romania. Romania may have as many as 2 million Roma, and certainly has the largest number of Roma of any OSCE country. Like elsewhere in the region, they face discrimination in labor, public places, education, and housing. I am especially concerned about persistent and credible reports that Roma are subjected to police abuse, such as the raids at the Zabrauti housing development, near Bucharest, on January 12, and in Brasov on February I and 9 of this year. I commend Romani CRISS and other groups that have worked to document these problems. I urge the Romanian Government to intensify its efforts to prevent abusive practices on the part of the police and to hold individual police officers accountable when they violate the law. In the coming months, the OSCE will conduct the Human Dimension Implementation Review meeting in Warsaw, a Conference on Roma and Sinti Affairs in Bucharest, and the Ministerial Council meeting also in Bucharest, among other meetings and seminars. The legacy of the Romanian Chairmanship will entail not only the leadership demonstrated in these venues but also progress made at home through further compliance with OSCE commitments.
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statement
International Roma Day
Thursday, April 05, 2001Mr. President, in my capacity as chairman of the Helsinki Commission, I take this opportunity to let my colleagues know that on Sunday, April 8, Roma from around the world will commemorate the 30th anniversary of the inaugural meeting of World Romani Congress. In countries across Europe as well as in North America, Roma will gather together to demonstrate solidarity with each other and to draw attention to the human rights violations they continue to face. Roma are a dispersed minority, present in virtually every country in the region covered by the Organization for Security and Cooperation in Europe, OSCE, including the United States. They first arrived in Europe around the 13th century, after migrating from Northern India and their language, Romani, is related to Sanskrit. Roma were enslaved in what is now modern Romania and Moldova until 1864 and, in much of the rest of Europe, the Romani experience has been marked by pronounced social exclusion. The single most defining experience for Roma in the 20th century was the Holocaust, known in Romani as the Porrajmos, the Devouring. During the war itself, Roma were targeted for death by the Nazis based on their ethnicity. At least 23,000 Roma were brought to Auschwitz. Almost all of them perished in the gas chambers or from starvation, exhaustion, or disease. Not quite a year ago, the Helsinki Commission, which I now chair, held a hearing on Romani human rights issues. I heard from a panel of six witnesses, four of whom were Romani, about the problems Roma continue to face. Unfortunately, since the fall of Communism, the situation for Roma in many post-Communist countries has actually gotten worse. As Ina Zoon said, “the defense of Roma rights in Europe is probably one of the biggest failures of the human rights battle in the last ten years.” The more I learn about the plight of Roma, the more I am struck by certain parallels with the experience of American Indians here in our own country. Increasingly, Roma have begun to raise their voices not in search of special treatment, but for an opportunity to freely exercise their human rights and fundamental freedoms without discrimination. At the OSCE's Summit of Heads of State and Government, held in Istanbul in 1999, the United States strongly supported the commitment, adopted by all OSCE participating States, to adopt anti-discrimination legislation to protect Roma. It is heartening that a number of Central European governments, countries where Roma are the most numerous, have publicly recognized the need to adopt legislation that will protect Roma from the discrimination they face. The adoption last year of the European Union's “race directive”, which will require all current EU member states, as well as applicant countries to adopt comprehensive anti-discrimination legislation, should spur this effort. The Helsinki Commission will continue to monitor the plight of the Roma in the 107th Congress.
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statement
International Roma Day Revisited
Thursday, April 05, 2001Mr. Speaker, on International Roma Day last year, the OSCE High Commissioner on National Minorities released a detailed report on the situation of Roma in the OSCE region. Unfortunately, in the intervening months, relatively little progress has been made by government authorities in addressing the problems he described. The Helsinki Commission, which I co-chair, receives so many reports on an almost daily basis which demonstrate the magnitude of the problems Roma face. We receive reports of Roma who are denied access to public places, like the three Roma who were turned away from a Warsaw restaurant last September 29, just before the OSCE convened its annual human rights meeting in that city. We receive reports of discrimination in housing, like the January 27 Hungarian television report that local authorities in Rabakoez, Hungary, have called for prohibiting the sale of real estate to Roma. We receive reports of police abuse, such as the repeated cases of unlawful police raids in Hermanovce, Slovakia. We receive reports of violent attacks, such as the assault on a Romani church in Leskovac, Serbia, at the beginning of this year. Too often, courts are part of the problem, not the solution. Rather than providing a remedy for victims, they compound the abuse. Take a recent case from the Czech Republic. The Czech Supreme Court issued a ruling that a violent attack on a Romani man in 1999 was premeditated and organized, and then remanded the case back to the district court in Jesenik for sentencing in accordance with that finding. But the district court simply ignored the Supreme Court's finding and ordered four of the defendants released. I am hopeful that Slovak courts, which are currently weighing the fate of three of the defendants charged in last year’s brutal murder of Anastazia Balazova, will do a better job of bringing her murderers to justice. In a few places, there are some glimmers of hope. In Viden, Bulgaria, for example, the Romani organization Drom has led a successful effort to bring 400 Romani children, who previously attended segregated schools, into the mainstream school system. In that instance, the cooperation of local and national authorities, governmental and non-governmental bodies, is paying off. Unfortunately, too few government leaders demonstrate the courage necessary to address these issues. Some pass the buck, looking to the European Union or the Council of Europe to fix problems that must be tackled, first and foremost, through political leadership at home. Moreover, a number of EU countries have little to teach the applicant countries about tolerance towards Roma. Many OSCE countries, not just the former Communist states, are in need of comprehensive anti-discrimination laws, a priority recognized in the 1999 OSCE summit agreement and by the European Commission in the adoption of its “race directive” in June of last year. Regrettably, nearly two years after Bulgaria received praise from many quarters for agreeing to adopt such legislation; the government is not one step closer to fulfilling its commitment. The Slovak Government's human rights office, in contrast, has undertaken a serious study of legislative options and may soon have a draft ready for a vote. In addition, it is imperative that political and civic leaders condemn anti-Roma manifestations in clear and unequivocal terms. Mr. Speaker, when the Mayor of Csor, Hungary, a publicly elected official, said “the Roma of Zamoly have no place among human beings; just as in the animal world, parasites must be expelled,” I believe it is the responsibility of Hungary's political leadership to condemn these outrageous slurs. If more leadership was demonstrated, perhaps confidence would have been strengthened and maybe 5,772 Hungarian Roma would not have applied for asylum in Canada over the past three years. When the Mayor of Usti nad Labem built a wall to segregate Roma from non-Roma, all members of the Czech parliament, not just a paper slim majority of 101 out of 200 MPs, should have voted to condemn it. And when Mayor Sechelariu of Bacau, Romania, announced plans to build a statue of Marshall Antonescu, the World War II dictator who deported 25,000 Roma to Transniestra, where some 19,000 of them perished, Romanian officials, who have pledged to the OSCE community to fight intolerance, should begin at home by ridding their country of every Antonescu statue built on public land.
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statement
Celebrating Greek Independence Day
Tuesday, March 20, 2001Madam Speaker, 180 years ago the Greek people rose against the Ottoman Empire to free themselves from oppression and to reestablish not only a free and independent state, but a country that would eventually regain her ancient status as a democracy. In congratulating the people of Greece on the anniversary of their revolution, I join in recognizing the distinction earned by Greece as the birthplace of democracy and her special relationship with the United States in our fight together against Nazism, communism and other aggression in the last century alone. Yes, democrats around the world should recognize and celebrate this day together with Greece to reaffirm our common democratic heritage. Yet, Mr. Speaker, while the ancient Greeks forged the notion of democracy, and many Greeks of the last century fought to regain democracy, careful analyses of the political and basic human freedoms climate in today's Greece paint a sobering picture of how fundamental and precious freedoms are treated. Taking a look at the issues which have been raised in the Organization for Security and Cooperation in Europe (OSCE) Human Dimension Review Meetings and will be considered over the next week at the United Nations Committee on the Elimination of All Forms of Racial Discrimination (CERD), a few of the most critical human dimension concerns about contemporary Greece affect the freedom of expression, the freedom of religious belief and practice, and protection from discrimination. Legal restrictions on free speech remain on the books, and those convicted have typically been allowed to pay a fine instead of going to jail. In recent years, though, Greek journalists and others have been imprisoned based on statements made in the press. This was noted in the most recent Country Report on Human Rights Practices prepared by the Department of State. The International Press Institute has also criticized the frequent criminal charges against journalists in cases of libel and defamation. Religious freedom for everyone living in Greece is not guaranteed by the Greek Constitution and is violated by other laws which are often used against adherents of minority or non-traditional faiths. Especially onerous are the provisions of Greek law which prohibit the freedom of religion. These statutes have a chilling impact on religious liberty in the Hellenic Republic and are inconsistent with numerous OSCE commitments which, among other things, commit Greece to take effective measures to prevent and eliminate religious discrimination against individuals or communities; allow religious organizations to prepare and distribute religious materials; ensure the right to freedom of expression and the right to change one's religion or belief and freedom to manifest one's religion or belief. Over the last ten years, the European Court of Human Rights has issued more than a dozen judgments against Greece for violating Article 9 (pertaining to Freedom of Thought, Conscience and Religion) of the European Convention on Human Rights. One positive development was the decision made last summer to remove from the state-issued national identity cards the notation of one's religious affiliation. In May 2000, Minister of Justice Professor Mihalis Stathopoulos publicly recognized that this practice violated Greece's own Law on the Protection of Personal Data passed in 1997. The decision followed a binding ruling made by the relevant Independent Authority which asked the state to remove religion as well as other personal data (fingerprints, citizenship, spouse's name, and profession) from the identity cards. This has long been a pending human rights concern and an issue raised in a hearing on religious freedom held by the Commission on Security and Cooperation in Europe (which I Co-Chair) in September 1996. I am pleased to note that Greece has acknowledged in its most recent report to the UN CERD that the problems faced by the Roma community (which has been a part of Greek society for more than 400 years), migrant workers and refugees are “at the core of the concern of the authorities.” The recognition that issues which need attention is always the first step necessary to addressing the problem. The Commission has received many reports regarding the Roma community in Greece, including disturbing accounts of pervasive discrimination in employment, housing, education, and access to social services, including health care. With a very high illiteracy rate, this segment of Greek society is particularly vulnerable to abuse by local officials, including reports of Roma being denied registration for voting or identity cards that in turn prevents them from gaining access to government-provided services. Particularly alarming are incidents such as the forced eviction of an estimated 100 families by order of the mayor of Ano Liossia and the bulldozing of their makeshift housing in July of 2000. Similar incidents have occurred in recent years in Agia Paraskevi, Kriti, Trikala, Nea Koi, and Evosmos. Our Founding Fathers relied heavily on the political and philosophical experience of the ancient Greeks, and Thomas Jefferson even called ancient Greece “the light which led ourselves out of Gothic darkness.” As an ally and a fellow participating State of the OSCE, we have the right and obligation to encourage implementation of the commitments our respective governments have made with full consensus. I have appreciated very much and applaud the willingness of the Government of Greece to maintain a dialogue on human dimension matters within the OSCE. We must continue our striving together to ensure that all citizens enjoy their fundamental human rights and freedoms without distinction.
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publication
U.S. Statements at the 1999 OSCE Review Conference
Friday, September 01, 2000In February 1999, officials from 90 governments, including representatives from many OSCE participating States, visited Washington for the First Global Forum on Fighting Corruption among justice and security officials. Participants concluded that their governments must cooperate more closely if they were to succeed in promoting public integrity and controlling corruption among their officials. OSCE efforts served as an example to others when the international community gathered in the Netherlands in 2001 for the Second Global Forum on Fighting Corruption.
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briefing
Torture in the OSCE Region
Wednesday, June 21, 2000In advance of the 2000 commemoration of the United Nations Day in Support of the Victims of Torture, the Helsinki Commission held a briefing to focus on the continuing problem of torture in the OSCE region. In spite of these efforts and the efforts of our Commission, including introducing and working for passage of two bills, the Torture Victims Relief Act and the Reauthorization of the Torture Victims Relief Act, torture continues to be a persistent problem in every OSCE country including the United States. This briefing considered two specific problem areas, Chechnya and Turkey, as well as efforts to prevent torture and to treat torture survivors. Witnesses testifying at the briefing – including Dr. Inge Genefke, International Rehabilitation Council for Torture Victims; Maureen Greenwood, Advocacy Director for Europe and the Middle East, Amnesty International; and Douglas Johnson, Executive Director of the Center for the Victims of Torture – highlighted statistics about the number of torture victims in Turkey and Chechnya and related violations of individual rights.
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statement
Helsinki Commission Hearing on Kosovo's Displaced and Imprisoned
Wednesday, March 01, 2000Mr. Speaker, this week the Helsinki Commission held a hearing to review the current situation in Kosovo and the prospects for addressing outstanding human rights issues there. More specifically, the hearing focused on the more than 200,000 displaced of Kosovo, mostly Serb and Roma, as well as those Albanians, numbering at least 1,600 and perhaps much more, imprisoned in Serbia. Witnesses included Ambassador John Menzies, Deputy Special Advisor to the President and Secretary of State for Kosovo Implementation; Bill Frelick, Director for Policy at the U.S. Committee for Refugees; His Grace, Bishop Artemije of the Serbian Orthodox Church; Andrzej Mirga, an expert on Roma issues for the Project on Ethnic Relations and the Council of Europe; Susan Blaustein, a senior consultant at the International Crisis Group; and, finally, Ylber Bajraktari, a student from Kosovo. The situation for the displaced, Mr. Speaker, is truly horrible. In Serbia, most collective centers are grim, lacking privacy and adequate facilities. While most displaced Serbs have found private accommodations, they still confront a horrible economic situation worsened by the high degree of corruption, courtesy of the Milosevic regime. The squalor in which the Roma population from Kosovo lives is much worse, and they face the added burdens of discrimination, not only in Serbia but in Montenegro and Macedonia as well. There is little chance right now for any of them to go back to Kosovo, given the strength of Albanian extremists there. Indeed, since KFOR entered Kosovo eight months ago, it was asserted, more than 80 Orthodox Churches have been damaged or destroyed in Kosovo, more than 600 Serbs have been abducted and more than 400 Serbs have been killed. The situation for those Serbs and Roma remaining in Kosovo is precarious. Other groups, including Muslim Slavs, those who refused to serve in the Yugoslav military, and ethnic Albanians outside Kosovo, face severe problems as well, but their plights are too often overlooked. Meanwhile, the Milosevic regime continues to hold Albanians from Kosovo in Serbian prisons, in many cases without charges. While an agreement to release these individuals was left out of the agreement ending NATO's military campaign against Yugoslav and Serbian forces, with the Clinton Administration's acquiescence, by international law these people should have been released. At a minimum, the prisoners are mistreated; more accurately, many are tortured. Some prominent cases were highlighted: 24-year-old Albin Kurti, a former leader of the non-violent student movement; Flora Brovina, a prominent pediatrician and human rights activist; Ukshin Hoti, a Harvard graduate considered by some to be a possible future leader of Kosovo; and, Bardhyl Caushi, Dean of the School of Law, University of Pristina. Clearly, the resolution of these cases is critical to any real effort at reconciliation in Kosovo. This human suffering, Mr. Speaker, must not be allowed to continue. Action must be taken by the United States and the international community as a whole. Among the suggestions made, which I would like to share with my colleagues, are the following: First, get rid of Milosevic. Little if anything can be done in Kosovo or in the Balkans as a whole until there is democratic change in Serbia; Second, bring greater attention to the imprisoned Albanians in Serbia, and keep the pressure on the Milosevic regime to release them immediately and without condition; Third, rein in extremists on both sides, Albanian and Serb, in Kosovo with a more robust international presence, including the deployment of the additional international police as requested by the UN Administrator; Fourth, find alternative networks for improved distribution of assistance to the displaced in Serbia; Fifth, consider additional third-country settlement in the United States and elsewhere for those groups most vulnerable and unable to return to their homes, like the Roma and those who evaded military service as urged by NATO. Mr. Speaker, as Chairman of the Helsinki Commission, I intend to pursue some of these suggestions with specific legislative initiatives, or through contacts with the Department of State. I hope to find support from my fellow Commissioners and other colleagues. Having heard of the suffering of so many people, we cannot neglect to take appropriate action to help, especially in a place like Kosovo where the United States has invested so much and holds considerable influence as a result.
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statement
Tear Down the Usti Wall, Drop the Charges against Ondrej Gina
Friday, November 19, 1999Mr. Speaker, in recent weeks, we have seen a number of historic dates come and go, with appropriate commemoration. November 9, for example, marked the tenth anniversary since the fall of the Berlin Wall. Yesterday, November 17, is recognized as the commencement of the Velvet Revolution which unleashed the forces of democracy against the totalitarian regime in Czechoslovakia. To mark that occasion, George Bush, Margaret Thatcher, Mikhail Gorbachev and other former leaders from the day met with President Vaclav Havel in Prague. Beyond the symbolism of those dates, they have had other meaning. Many of us had hoped that the wall in Usti nad Labem, Czech Republic, a symbol of racism, would be brought down on the anniversary of the fall of the Berlin Wall. Regrettably, November 9, came and went, and the Usti Wall still stood. We had hoped that the Usti Wall would come down on November 17. Some Czech officials even hinted this would be the case. Regrettably, November 17 has come and gone, and the Usti Wall still stands. Now, I understand some say the Usti Wall should come down before the European Union summit in Helsinki, scheduled for December 6. Mr. Speaker, the Usti Wall should never have been built, and it should come down now, today. As President Reagan exhorted Mr. Gorbachev more than ten years ago, so I will call on Czech leaders today: Tear down the Usti Wall. Last fall, a delegation from the Council of Europe visited Usti nad Labem. Afterwards, the Chairwoman of the Council's Specialist Group on Roma, Josephine Verspaget, held a press conference in Prague when she called the plans to build the Usti Wall “:a step towards apartheid.” Subsequently, the United States delegation to the OSCE's annual human rights meeting in Warsaw publicly echoed those views. Since the construction of the Usti Wall, this sentiment has been voiced, in even stronger terms, by Ondrej Gina, a well-known Romani activist in the Czech Republic. He is now being prosecuted by officials in his home town of Rokycany, who object to Gina's criticisms. The criminal charges against Mr. Gina include slander, assault on a public official, and incitement to racial hatred. In short, Mr. Gina is being persecuted because public officials in Rokycany do not like his controversial opinions. They object to Mr. Gina's also using the word “apartheid.” I can certainly understand that the word “apartheid” makes people feel uncomfortable. It is an ugly word describing an ugly practice. At the same time, if the offended officials want to increase their comfort level, it seems to me that tearing down the Usti Wall, not prosecuting Ondrej Gina, would be a more sensible way to achieve that goal. As it stands, Mr. Gina faces criminal charges because he exercised his freedom of expression. If he is convicted, he will become an international cause célebre. If he goes to jail under these charges, he will be a prisoner of conscience. Mr. Speaker, it is not unusual for discussions of racial issues in the United States to become heated. These are important, complex, difficult issues, and people often feel passionate about them. But prosecuting people for their views on race relations cannot advance the dialogue we seek to have. With a view to that dialogue, as difficult as it may be, I hope officials in Rokycany will drop their efforts to prosecute Mr. Gina.
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statement
Expressing United States Policy toward the Slovak Republic
Tuesday, November 16, 1999Mr. SMITH of New Jersey. Mr. Speaker, as chairman of the Helsinki Commission, I watched for several years as the human rights situation in Slovakia deteriorated under the leadership of former Prime Minister Vladimir Meciar. I saw how the fledgling democratic institutions of that new country were undermined, how parliamentary and constitutional processes were threatened, and how the rule of law was slowly but surely choked. I, joined by colleagues from the Commission, raised these issues time and again with Slovak officials, as did other officials of the U.S. Government. Unfortunately, Mr. Meciar was not very receptive to our arguments. As it happened, however, the fate of the democratic process in Slovakia was not left to the tender mercies of Vladimir Meciar. A year ago, the people of Slovakia took matters into their own hands. In an election carefully monitored by the OSCE, voters returned to office a coalition government that ended Meciar's increasingly authoritarian rule. Initially, this broadly based, some might even say weak, coalition seemed to stand only for one thing: it was against Meciar. But in the year that has passed, we cannot say that this government is not simply united in its opposition against the former regime, it is united in its commitment for democracy, for the rule of law, for a free market economy, for a transparent privatization process that is accountable to the people, and for a community of democracies dedicated to the protection of their common security. Mr. Speaker, the process of transition that Slovakia struggles with today is not an easy one. In fact, many of the commemorations held this month to celebrate the fall of the Berlin Wall and the end of communism have focused on just how difficult this transition has been, including for Slovakia's closest neighbors. In spite of this, the Slovak Government has proceeded to make some very tough decisions this year. I am particularly impressed by the willingness of Prime Minister Dzurinda to make decisions that, while necessary for the long term, economic well-being of his country, may be very politically unpopular in the short term. That takes courage. I know, of course, that Slovakia still has a lot of work ahead. As in most other European countries, there is much that should be done in Slovakia to improve respect for the human rights of the Romani minority. But there is much that Slovakia has accomplished in the past year and, especially as someone who has been critical of Slovakia in the past, I want to acknowledge and commend those achievements. Mr. Speaker, I hope others will join me in sending this message and will support H. Con. Res. 165.
Mr. Speaker, `Dogs have more freedom than us; at least they are not afraid to go outside.' Mr. Speaker, this is the conclusion of a young Romani father in Slovakia who recounted his experience with growing skinhead violence in his country. His story is, regrettably, just one of the many documented in a January 1997 report prepared by the European Roma Rights Center [ERRC] entitled `Time of the Skinheads: Denial and Exclusion of Roma in Slovakia.' This study describes a grim pattern of violent assaults against Roma perpetrated by skinhead extremists; it also suggests that local police forces have been, at best, unwilling to fulfill their obligation to protect their citizens and, at worst, have themselves actually engaged in violence against Roma.
Descriptions of a 1995 organized attack on the entire Romani community in the town of Jarovnice--something that reads like a pogrom from a bygone era--were especially chilling. Since Slovakia became an independent state in 1993, a great deal of international attention has, rightly, focused on the status of the Hungarian minority in that country, a community that makes up approximately 10 percent of the population. Slovakia also has another large minority population which is less well known abroad. While the exact number of Roma in Slovakia is contested, it is estimated to be in the hundreds of thousands. These people, the survivors of Nazi efforts to eradicate the Roma altogether, now face increasing violent attacks against their homes, their villages, and their lives.
The problems of Roma in post-Communist European countries are many, and often defy easy answers. But at least three of the problems described in `Time of the Skinheads' do have obvious solutions. First, the Slovak Government has failed to demonstrate any serious effort to acknowledge and address the widespread problem of violent skinhead attacks on Roma. On the contrary, some public officials, members of the ruling coalition, have repeatedly made crude racist remarks about the Roma. As long as such remarks stand uncontested or unchallenged by Prime Minister Meciar, skinheads will believe that they can attack Roma with impunity. Clearly, local police officials take their cues from the top. Accordingly, any improvement in the situation of Roma in Slovakia must begin with the leadership of that country stating that racism and bigotry will not be tolerated.
Second, the ERRC report described a pattern of excessive use of force by the police against Roma. When the victims seek to bring a complaint against the police, the charges are, in effect, reversed and the Rom is charged with assaulting the police. Significantly, the Council of Europe's Committee for the Prevention of Torture released a report on April 3, which also documented a problem of police brutality in Slovakia. That report, like the report of the ERRC, noted that the failure to ensure that those charged with a criminal offense have adequate legal representation has significantly contributed to this miscarriage of justice. One of the purposes of providing such representation is to guarantee a fair trial, consistent with the due process of law, and to ensure that those accused of crimes do not have confessions extracted from them by force. The failure to provide the accused with defense counsel violates one of the most important provisions of the international human rights system: the right to an attorney, a right articulated in Article 14 of the International Covenant on Civil and Political Rights as well as paragraph 5.16 of the OSCE Copenhagen Document. I hope the Slovak Government will take immediate measures to redress this problem.
Finally, the ERRC report on Slovakia indicates that Slovak localities continue to use a system of tightly controlled residency permits to restrict the freedom of movement of Roma. Not only does this practice offend the nondiscrimination provisions of the Helsinki process, this system also harkens back to the rigid controls of the Communist days. If people are not permitted to move where jobs are, how can a free market system flourish?
Unfortunately, Mr. Speaker, this pattern of violence against Roma is not unique to Slovakia. The ERRC, which was founded to defend the human rights of Roma, has also issued major reports on Austria and Romania. In addition, its most recent newsletter reported on problems Roma face in several other European countries. Clearly, there is much more that many governments in Central Europe can and should do to address these problems. I realize that Slovakia is in the midst of grappling with a very broad range of fundamental questions regarding its development and future. The basic human rights of Roma should be a part of that agenda. I see no better time. Will Slovakia enter the 21st century as a country which seeks to unite its citizens in achieving common goals, or will it lag behind with those countries which have permitted nationalism and racism to divide their people and weaken the very state they worked so hard to create?