Helsinki Commission Hearing on Kosovo's Displaced and Imprisoned

Helsinki Commission Hearing on Kosovo's Displaced and Imprisoned

Hon.
Christopher H. Smith
United States
House of Representatives
106th Congress Congress
Second Session Session
Wednesday, March 01, 2000

Mr. 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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  • The Shared Experiences of African-American and Roma Communities

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In other parts of Europe, Roma faced discrimination driven by beliefs of their racial inferiority. When the Nazi party took power in Germany, they turned their sights on addressing the so-called “Gypsy problem.” This began with discriminatory laws that targeted the Roma and ended with the systematic slaughter of Romani men, women, and children throughout Europe. An estimated 200,000 to 500,000 Roma were murdered during the Holocaust, representing 25 percent of the continent’s Roma population. Today, Roma still face stark inequalities. The European Commission launched infringement proceedings against the Czech Republic in 2014, Slovakia in 2015, and Hungary in 2016 for discriminating against Roma in their educational systems. In all three countries, Roma are channeled into almost completely separate schools and classrooms—with disturbing parallels to the segregation African-Americans faced for decades. A Cause for Collaboration Comparisons between the struggles of African-Americans and the Roma are not new. Romanian activists first drew parallels in the 19th century when Uncle Tom’s Cabin, a book depicting the harsh realities of slavery in the United States, was translated into Romanian. Its criticism of slavery helped energize the campaign to abolish slavery in Romania. This shared historical experience, along with several others, is the basis on which many African-American and Roma activists form modern partnerships. These partnerships have expanded thanks to the efforts of both individuals and organizations. For example, in 1995 in the town of Szentendre, Hungary, former U.S. civil rights activist Michael Simmons organized what would come to be known as the Szentendre Exchange. African-American Veterans of the U.S. civil rights movement met with Romani activists to discuss their efforts to further civil rights in their respective communities. Each group was invited to share stories of victories, challenges, and the methods that were the most successful.  In 2018, Harvard’s Center for Health and Human Rights hosted a similar event for its annual celebration of International Roma Day. The event featured a panel discussion titled, “Alone Together: Strength and Solidarity between the Roma and African-American Communities.” Margareta Matache, leading Roma rights activist, and Cornel West, renowned political philosopher, served as speakers on the panel. The two noted that with increased solidarity and cooperation, African-American and Roma advocates can learn from one another and achieve greater change. Ivan Ivanov, the executive director of the European Roma Information Office, also cites the U.S. civil rights movement as an inspiration for his work. Ivanov, who studied international human rights law at Columbia University, heads an organization that focuses on anti-discrimination policies in the fields of education, employment, healthcare and housing. The OSCE has facilitated dialogue through its Office of Democratic Institutions and Human Rights (ODIHR). Larry Olomoefe, former ODIHR Adviser on Combating Racism and Xenophobia, has worked with Roma to advance their rights and lead workshops on civil disobedience and political activism. Olomoefe notes that a component of these seminars entails teaching the history of protests like those led by Dr. Martin Luther King, Jr. and determining how it relates to the issues the Roma face today. Helsinki Commission efforts build on this history of exchange and collaboration. Helsinki Commission staff invited Soraya Post and Romeo Franz, two Roma Members of the European Parliament (MEPs), to participate in congressional events on Roma and meet with U.S. government officials and civil society. This included meeting with members of the U.S. Congressional Black Caucus and a visit to Howard University in Washington, D.C. The two learned of the role that Howard University and other Historically Black Colleges and Universities (HBCUs) have had in supporting African-Americans’ struggle for civil rights.   Progress The campaign for greater civil protections for Roma has seen moderate success due in large part to the work of the European Roma Rights Centre (ERRC), a strategic law organization comprised of human rights lawyers and activists inspired by the NAACP’s legal victories during the U.S. civil rights movement. The ERRC enjoyed a major victory in 2007 when the European Court of Human Rights ruled against the Czech Republic for its practice of placing Romani children in separate classrooms under the guise of special education. Dubbed “Europe’s Brown v. Board of Education” after the seminal court ruling that outlawed de jure segregation in the United States, the “Ostrava Case” outlawed this form of school segregation and paved the way for future desegregation cases. The ERRC has achieved similar success in cases involving illegal deportations of Roma, disparities in access to clean water, and police brutality. The Helsinki Commission has supported Roma and minority rights since its inception. It has advocated for the recognition of the enslavement and genocide of Roma. Helsinki Commissioners have also spoken out against the systemic inequities that many Romani communities still face. Helsinki Commission Chair Rep. Alcee L. Hastings (FL-20), the commission’s first African-American chair, has frequently highlighted the importance of International Roma Day and, along with other Helsinki Commission leaders, in 2019 introduced a resolution celebrating the contributions of Romani Americans. Challenges Despite these victories, Roma continue to face discrimination and prejudice. A 2015 study found that an average of one out of five Europeans would feel “completely uncomfortable” working with a Roma colleague. In some countries that number rose to 50 percent. Still, promoting tolerance can only be achieved through a concerted effort. Although government support is necessary to create substantive change, it is not enough. The most successful campaigns for social change occur when governmental institutions form meaningful partnerships with civil society organizations.  The grassroots organizations that found success during civil rights movements were bolstered by progressive legislation and generous funding from the private and public sector. Similar partnerships can be formed to support the work of not only the organizations that focus on Roma issues but also those who seek to collaborate. The history of African-American and Roma collaboration suggests that there are possibly shared solutions to be gained out of a shared experience.

  • Chairman Hastings Marks Roma Genocide Remembrance Day

    WASHINGTON—Ahead of Roma Genocide Remembrance Day on August 2, Helsinki Commission Chairman Alcee L. Hastings (FL-20) issued the following statement: “As we mourn the mass murder of up to 5,000 Romani people in the so-called ‘Gypsy Family Camp’ at Auschwitz-Birkenau in 1944, I urge all OSCE participating States to remember the genocide of Roma and to acknowledge the impact this genocide continues to have on Romani communities.   “Earlier this year, Roma were among the victims of the deadly terrorist attack in Hanau, Germany, where nine people were murdered.  That heinous tragedy underscores the urgency with which we must counter racism, anti-Semitism, anti-Muslim bigotry, and xenophobia today.  The fight against the grave threat of violent extremism and racism is far from being won. “I commend the U.S. Holocaust Memorial Museum for its support of scholarship on the genocide of Roma, its role as a repository of critical archives, and as a guardian for the remembrance of the Holocaust and the all the victims of the Nazi regime.” The Helsinki Commission has supported the inclusion of Romani voices in research and remembrance, such as the appointment of Dr. Ethel Brooks to the U.S. Holocaust Memorial Museum Council; acknowledgment and remembrance of the genocide of Roma, such the Berlin Memorial; archival access for survivors, their families, and scholars, including the Bad Arolsen archives; and proper preservation of and memorialization of sensitive sites of remembrance, such as the Lety Concentration Camp site. In 2019, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), Rep. Steve Watkins (KS-02), and Sen. Ben Cardin (MD) introduced resolutions in the U.S. House of Representatives (H.Res.292) and the U.S. Senate (S.Res.141) celebrating Romani American heritage. In addition to recognizing and celebrating Romani American heritage and International Roma Day, the resolutions commemorated the 75th anniversary of the destruction of the so-called “Gypsy Family Camp” at Auschwitz.  

  • RUSSIAN CYBER ATTACKS ON COVID RESEARCH CENTERS

    Madam Speaker, I rise today to strongly condemn the recently reported Russian cyber attacks on United States, United Kingdom and Canadian COVID-19 research centers. As the world continues to battle the COVID-19 pandemic, Vladimir Putin's regime has once again lived up to its reputation for lawlessness and cynicism by targeting vaccine research and development organizations with ``the intention of stealing information and intellectual property relating to the development and testing of COVID-19 vaccines,'' as assessed by U.S., British and Canadian intelligence agencies. Sadly, neither this appalling cyber attack, nor the pitiful Kremlin denials which followed, are too surprising to those of us who watch Russia closely. As a Member of the U.S. Delegation to the Parliamentary Assembly of the Organization for Security and Cooperation in Europe--the OSCE PA--and Chairman of the Committee on Political Affairs and Security, I regularly participate in difficult discussions with Russian political leaders about Moscow's geopolitical misconduct. The Kremlin's campaign across the OSCE space and beyond is aimed at destabilizing and undermining the international order by any means necessary, to include the invasion and occupation of OSCE participating States, the assassination of political opponents abroad, disinformation and more. On July 7, 2020, I communicated directly to the OSCE PA which included the presence of the Russian head of delegation how seriously the United States is taking reports of Russian monetary bounties to Taliban-linked insurgents for the killing of American and NATO soldiers in Afghanistan. The fact of Kremlin support to the Taliban had already surfaced in a hearing of the United States Helsinki Commission which I chaired on June 12, 2019, in open testimony by former Deputy Assistant Secretary of Defense for Russia Michael Carpenter. Madam Speaker, I will continue to work with colleagues here at home and across the Atlantic to ensure the Kremlin's bald faced denials of its malign actions are countered, and that Vladimir Putin's regime faces the appropriate consequences for its actions. The OSCE Parliamentary Assembly has proven time and again its value as a forum to counter disinformation and foster cooperation to counter common threats. A result of these most recent reports, I intend to advocate for that body to prioritize results-oriented discussions on state-sponsored cyber attacks in our region in its upcoming work session. Madam Speaker, please join me in condemning the Kremlin's latest despicable actions.

  • Hastings: Petty Parochialism Denies OSCE Vital Leadership During Global Crisis

    WASHINGTON—Following yesterday’s failure of OSCE representatives to renew the mandates of four leadership positions—the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the Office for Democratic Institutions and Human Rights—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “We are in trouble when petty parochialism denies us vital leadership in the midst of a global crisis. Now more than ever, reliable multilateral institutions are needed to forge solutions during and after the current pandemic.  “Azerbaijan, Tajikistan, Turkey, and other OSCE participating States who have blocked consensus on extending dedicated public servants should be ashamed of themselves. History will show the folly of abandoning essential leadership for cooperation.” Negotiations to renew each mandate collapsed in part in response to the written objections of Azerbaijan, Tajikistan, and Turkey, and the subsequent withholding of consensus by other participating States. Even efforts to devise interim extensions failed, leaving vital OSCE leadership positions vacant during an unprecedented global crisis. The failure highlights the unwillingness of some OSCE participating States to live up to their stated commitments to democratic institutions, the rule of law, media pluralism, and free and fair elections. Leaving key leadership roles unfilled drastically weakens the OSCE’s ability to hold countries accountable for their actions and undermines the principles of the Helsinki Final Act.  The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization. It spans 57 participating States reaching from Vancouver to Vladivostok. The OSCE sets standards in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. In addition, the OSCE undertakes a variety of initiatives designed to prevent, manage, and resolve conflict within and among the participating States.

  • Wicker and Cardin Commend United Kingdom Magnitsky Sanctions on Russian and Saudi Officials

    WASHINGTON—Following the recent designations under the United Kingdom’s Magnitsky sanctions framework of Russian and Saudi officials responsible for the deaths of Sergei Magnitsky and Jamal Khashoggi, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) released the following statement: “We are encouraged to see the United Kingdom applying its first-ever independent Magnitsky sanctions. These sanctions demonstrate that following Brexit, the UK remains committed to fighting human rights abuse and kleptocracy. “We hope the UK will continue to apply Magnitsky sanctions as needed and develop additional anti-corruption policies to stem the flow of illicit wealth into the country. We also encourage the European Union to move forward on plans to develop its own Magnitsky sanctions. Consequences for bad acts are most effective when imposed in concert.” The UK passed its Magnitsky sanctions law in 2018. That same year, Russia attempted to assassinate Sergei Skripal, a former Russian double agent who spied for the UK, in Salisbury, England. UK Magnitsky sanctions freeze the assets of designees and prevent them from entering the country, and are expected to be a powerful deterrent for kleptocrats, given the propensity of corrupt officials to steal and launder money into London as well as send their children to British boarding schools. In December 2019, EU High Representative for Foreign Affairs and Security Policy Josep Borrell announced that the EU would start preparatory work for the equivalent of a Magnitsky sanctions mechanism. However, no further progress has been reported. In May 2020, Co-Chairman Wicker and Sen. Cardin urged U.S. Secretary of State Mike Pompeo to ask High Representative Borrell to expedite the adoption of EU sanctions on human rights abusers and include provisions for sanctioning corruption.

  • Human Rights and Democracy in a Time of Pandemic

    The outbreak of the novel coronavirus pandemic has prompted governments around the world to take extraordinary measures in the interest of public health and safety. As of early April, nearly two-thirds of the 57 participating States of the Organization for Security and Cooperation in Europe had declared “states of emergency” or invoked similar legal measures in response to the crisis. Often such measures have enabled governments to enact large-scale social distancing policies and suspend economic activity to save lives and preserve the capacity of national public health infrastructure to respond to the spread of infections. At the same time, human rights organizations and civil society activists have expressed concern regarding the breadth of some emergency measures and recalled the long history of government abuse of emergency powers to trample civil liberties. Exactly three decades ago, OSCE participating States unanimously endorsed a set of basic principles governing the imposition of states of emergency, including the protection of fundamental freedoms in such times of crisis. In 1990 in Copenhagen, OSCE countries affirmed that states of emergency must be enacted by public law and that any curtailment of human rights and civil liberties must be “limited to the extent strictly required by the exigencies of the situation.” According to the Copenhagen Document, emergency measures furthermore should never discriminate based on certain group characteristics or be used to justify torture. Building on these commitments a year later in Moscow, participating States underscored that states of emergency should not “subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms.” The Moscow Document stresses the role of legislatures in imposing and lifting such declarations, the preservation of the rule of law, and the value of guaranteeing “freedom of expression and freedom of information…with a view to enabling public discussion on the observance of human rights and fundamental freedoms as well as on the lifting of the state of public emergency.” In some corners of the OSCE region, however, national authorities are violating these and other OSCE commitments in the name of combatting coronavirus. While many extraordinary responses are justified in the face of this crisis, government overreach threatens the well-being of democracy and the resilience of society at a critical time. Download the full report to learn more.

  • Wicker and Cardin Urge Pompeo to Work with EU High Representative to Advance EU Magnitsky Sanctions

    WASHINGTON—In a letter released today, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) urged U.S. Secretary of State Mike Pompeo to ask the EU’s High Representative for Foreign Affairs and Security Policy, Josep Borell, to expedite the adoption of EU sanctions on human rights abusers, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. The letter reads in part: “In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality... “It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation... “It was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world.” The U.S. Global Magnitsky Human Rights Accountability Act, which authorizes the President to impose economic sanctions and deny entry into the United States to any foreign person he identifies as engaging in human rights abuse or corruption, has been an important asset in the U.S. diplomatic toolkit. In December 2019, High Representative Borrell announced that all Member States unanimously agreed to start preparatory work for an equivalent of Global Magnitsky, adding that such a framework would be “a tangible step reaffirming the European Union’s global lead on human rights.” The Baltic States, Canada, and the UK already have adopted similar legislation. However, the current proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption, nor does it include any reference to Sergei Magnitsky by name. The full text of the letter can be found below: Dear Mr. Secretary, As the original sponsors of the Magnitsky Act, we aim to increase the impact of the legislation worldwide by encouraging our allies to join us in sanctioning bad actors. At the moment, the European Union (EU) has agreed in principle to adopt their own sanctions similar to those provided by the Global Magnitsky Act, but certain issues remain. Therefore, we ask that you work with Josep Borrell, High Representative of the EU for Foreign Affairs and Security Policy, to ensure the EU adopts and implements the most thorough and effective sanctions package possible. Our first concern is that the EU seems to have stalled in putting together the details of their Magnitsky sanctions regime because of the global health crisis. In December, High Representative Borrell announced that there was political agreement to move forward on a Magnitsky-like piece of legislation, which his team would begin drafting. Since then, we fear this work has been sidelined. In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality. Our second concern is that the proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption. It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation. Finally, we are concerned that the EU is not planning to include Magnitsky’s name on the sanctions regime. It was Sergei Magnitsky who stood up to a ruthless, violent, and corrupt state and demanded fairness and accountability for his fellow citizens. And it was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world. Therefore, we request that you ask the High Representative Borrell to expedite the adoption of their sanctions, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. It is important that we do not let our guard down and continue our global leadership in this important area. Sincerely, Benjamin L. Cardin                                                       Roger F. Wicker Ranking Member                                                          Co-Chairman

  • Chairman Hastings Marks International Roma Day, Notes Consequences of Systemic Racism Exposed by Pandemic

    WASHINGTON—To mark the occasion of International Roma Day on April 8, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “This year, we sadly must put aside many of the annual celebrations of Romani art, culture, music, and heritage that usually mark International Roma Day, and instead address the urgent concerns exposed by a global pandemic. “This health crisis has spotlighted many of the consequences of systemic racism long faced by Romani communities. Unequal access to care—or in some cases even basic sanitation and clean running water—puts not only Roma but also other socially excluded groups in great danger of infection. Now more than ever, governments must ensure that all members of society have permanent access to healthcare, functioning sanitation facilities, and clean water. “In addition, around the world—even in our own country—there are those who seek to use this crisis to fan the flames of bigotry. We must not tolerate or excuse such discrimination on the basis of fear. Stoking racism and xenophobia will not make us healthier or stronger. It will only divide and weaken us at a time when unity is most needed. “To successfully counter COVID-19, OSCE participating States must work with local community representatives to build trust, enhance the transparency of national initiatives, and bolster participation in critical public health efforts. Roma and other marginalized groups must not be forgotten. To quote from the OSCE Action Plan, ‘for Roma, with Roma.’” In the April 2020 episode of the Helsinki Commission’s “Helsinki on the Hill” podcast, Romani scholar and activist Dr. Margareta Matache discussed the state of Roma rights in Europe, as well as resolutions introduced by Helsinki Commission leaders to celebrate Romani American heritage.   In April 2019,  Chairman Hastings, Co-Chairman Sen. Roger Wicker (MS), Rep. Steve Watkins (KS-02), and Ranking Helsinki Commissioner Sen. Ben Cardin (MD) introduced resolutions in the U.S. House of Representatives (H.Res.292) and the U.S. Senate (S.Res.141) celebrating Romani American heritage.  In 2003, OSCE participating States adopted an “Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area.” These guidelines—recommendations for participating States and OSCE institutions—are intended to combat racism and discrimination; ensure equal access and opportunities in education, employment, housing, and health services; enhance Romani participation in public and political life; and address issues relating to Roma in conflict and post-conflict situations.

  • Moldova

    Presidential elections in Moldova are quickly approaching. However, the country’s self-proclaimed “technocratic” government has yet to demonstrate a departure from the country’s post-Soviet history of grand kleptocracy and political strife. Moldovans have demanded greater access to the global economy through European integration, yet some political leaders are pivoting East with substantial security implications for the enduring frozen conflict in the breakaway territory of Transnistria. To this day, Moldovans demand accountability for the more than $1 billion siphoned from Moldova’s biggest banks between 2012 and 2014. However, key former political leaders implicated in this and other crimes are alleged to have escaped international sanctions, notably, ousted oligarch Vladimir Plahotniuc, who is allegedly at large in the United States. The U.S. Helsinki Commission convened the hearing to explore the societal fissures, security implications, and governance challenges at stake in the Republic of Moldova. Commission Chairman Rep. Alcee L. Hastings (FL-20) chaired the hearing and was joined by Commissioner Rep. Robert Aderholt (AL-04) and Rep. Sheila Jackson Lee (TX-18), a member of the U.S. delegation to the OSCE Parliamentary Assembly. Chairman Hastings’ opening remarks addressed the existing conditions in Moldova under pro-Russian president Igor Dodon and affirmed U.S. support for stability and democracy in Moldova. “We hope to see Moldova reach its potential as a European nation of prosperity and the rule of law, rather than just another post-Soviet country under the thumb of Moscow,” he stated. The hearing exposed Moldova’s existing struggles with corruption and Russian influence and highlighted opportunities for the United States to support Moldova’s democratic aspirations. Ambassador William H. Hill, Global Fellow at the Woodrow Wilson Center for International Studies and former Head of the OSCE Mission to Moldova, emphasized continuing problems of corruption in Moldovan institutions, security issues regarding Russia and Transdniestria, and the role of the U.S. and the EU in supporting Moldova. Although he explained that Moldova has “strayed into a familiar pattern of cronyism, political reprisals, and geopolitical posturing,” Ambassador Hill expressed hope for progress. Tatyana Margolin, Regional Director of the Eurasia Program at Open Society Foundations,  highlighted the resilience of Moldova’s civil society and the lack of public trust in the government. She also called for free and fair elections, for criminal justice reform, and on the U.S. to find Plahotniuc and bring him to justice. Valeriu Pașa, Program Manager at WatchDog.MD,  testified to the problems of corruption and the absence of justice in Dodon’s administration. “Judges, prosecutors, as well as other officials are easily drawn into supporting illegalities,” leading the government to be highly incompetent, he explained. Pașa voiced his support existing U.S. sanctions under the Magnitsky Act and asked that the U.S. impose tougher sanctions on corrupt low-profile Moldovan officials.

  • Moldovan Governance and Accountability to be Discussed at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: MOLDOVA Access and Accountability Tuesday, March 10, 2020 12:30 p.m. Rayburn House Office Building Room 2200 Live Webcast: www.youtube.com/HelsinkiCommission Presidential elections in Moldova are quickly approaching. However, the country’s self-proclaimed “technocratic” government has yet to demonstrate a departure from the country’s post-Soviet history of grand kleptocracy and political strife. Moldovans have demanded greater access to the global economy through European integration, yet some political leaders are pivoting East with substantial security implications for the enduring frozen conflict in the breakaway territory of Transnistria. To this day, Moldovans demand accountability for the more than $1 billion siphoned from Moldova’s biggest banks between 2012 and 2014. However, key former political leaders implicated in this and other crimes are alleged to have escaped international sanctions. Witnesses at the hearing will explore the societal fissures, security implications, and  governance challenges at stake in the Republic of Moldova.  Can a country marred by deep corruption reverse its trajectory, and is there even any will to do so in this government?  What role will civil society play in Moldova’s reconstruction?  Will Socialist president Igor Dodon prioritize relations with Russia over the West, or manage to navigate between the two?  This hearing will explore these questions and more. The following witnesses are scheduled to participate: Ambassador William H. Hill, Global Fellow, Woodrow Wilson Center for International Studies & former Head of the OSCE Mission to Moldova Tatyana Margolin, Regional Director – Eurasia Program, Open Society Foundations Valeriu Pașa, Program Manager, WatchDog.MD   

  • Restrictions on Civil Society in Hungary

    Since returning to power in 2010, Viktor Orban has systematically dismantled a system of checks and balances, facilitating the consolidation of control by the Fidesz government, which is now in its fourth (third consecutive) term. This has included introducing significant changes to the legal framework for parliamentary elections; stripping hundreds of faiths of their state recognition in 2011 and then channeling money to religious groups that do not challenge government positions (increasing dependence of those groups on the state); overseeing the consolidation of most Hungarian media, first into the hands of government-tied oligarchy and then into a single foundation exempt from anti-trust regulation; and eroding judicial independence by, for example, expanding and packing the constitutional court. In light of restrictions imposed on political opposition, faith organizations, the media and the judiciary, the role of Hungarian civil society in holding the government to account (by, for example, suing the government for non-compliance with the Hungarian constitution or Hungary’s international legal commitments) has taken on heightened importance. At the same time, civil society organizations have become the targets of escalating rhetorical attacks and legislative restrictions, including laws that significantly lower the bar for what it takes to jail people who seek to exercise their freedoms of speech, assembly, and association. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law and Daniela Ondraskova, Max Kampelman Fellow

  • Human Rights and Democracy

    For nearly three decades, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) has been at the forefront of efforts to promote human rights and democracy throughout the 57-nation OSCE region. Although best known for international election observation, ODIHR has also been instrumental in countering various forms of intolerance, helping governments combat human trafficking, protecting human rights defenders, and implementing OSCE commitments to fundamental freedoms. The U.S. Helsinki Commission convened the hearing to demonstrate bipartisan support for ODIHR, to reinforce the U.S.’s support related OSCE initiatives, and to hear about the ongoing work of ODIHR.  Commission Ranking Member Rep. Joe Wilson (SC-02) chaired the hearing and was joined by Commissioners Rep. Robert Aderholt (AL-04), Rep. Steve Cohen (TN-09), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. Wilson’s opening remarks highlighted the historic achievements of ODIHR, which include assisting countries to “transition from communism to democracy,” supporting “civil society participation in OSCE events,” and facilitating “strong cooperation with the Parliamentary Assembly.”  In her first appearance before Congress, ODIHR Director Ambassador Ingibjörg Sólrún Gísladóttir addressed multiple challenges that have impeded the effectiveness of ODIHR activities. She then outlined ODIHR’s role in offering proactive solutions.  In particular, Ambassador Gísladóttir stressed the importance of dialogue and asserted that democracy is about “respect and trust, an acceptance of differing opinions, an exchange of views, and the willingness to share power and seek compromise.” She concluded on an optimistic note, emphasizing unity within the OSCE and its “commitment to democracy and to the wellbeing of its people.” Although conscious of ODIHR’s efforts, commissioners voiced concerns that some OSCE participating States are not complying with their commitments to uphold basic human rights standards. Commissioners specifically acknowledged restrictions on religious freedom in Russia, poor conditions for activists and journalists, and rising anti-Semitism and discrimination against the Roma people across the region. This hearing continued the Helsinki Commission practice of regularly engaging with senior OSCE officials.The Commission typically holds hearing with the foreign minister of the country holding the rotating chairmanship of the OSCE. The Commission has also held hearings with previous ODIHR directors as well as the OSCE Representative on Freedom of the Media.

  • Anti-Kleptocracy Initiatives Supported by the Helsinki Commission

    Corruption has become a key foreign policy tool of U.S. adversaries. Russia, China, Venezuela, Iran, and other authoritarian regimes deploy it to undermine democracy, human rights, and the rule of law around the world.  They use it to destabilize countries where the rule of law is weak and gain access to elite circles in countries where the rule of law is strong. Such regimes also create an uneven playing field favoring autocrat-owned concerns by sidelining companies and businesspeople that comply with the rule of law. Several Helsinki Commission-supported anti-kleptocracy initiatives confront this threat by resourcing and streamlining U.S. efforts to build the rule of law abroad (H.R. 3843/S. 3026), exposing the names and misdeeds of kleptocrats around the world (H.R. 3441), ending impunity for foreign corrupt officials (H.R. 4140), and shining a light on ill-gotten gains hidden in the United States (H.R. 4361). Taken together, the passage of these bills would represent a decisive first step toward a reordering of U.S. foreign policy that prioritizes the fight against global corruption and the promotion of the rule of law around the world. H.R. 3843/S. 3026, the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, the most comprehensive of the four bills, outline and would mandate a U.S. foreign policy strategy that focuses on global corruption as a key national security threat. The key operative mechanism of the bill is the establishment of an Anti-Corruption Act Fund, which is financed through a surcharge on certain high-value FCPA cases. The bill also would establish an interagency working group on anti-corruption and anti-corruption points of contact at U.S. embassies to coordinate use of the Fund and U.S. efforts to promote the rule of law abroad more generally. H.R. 3441, the Kleptocrat Exposure Act, and H.R. 4140, the Foreign Extortion Prevention Act, would each provide the Executive Branch authorities to push kleptocrats out of the global economy. H.R. 3441 would enable the Secretary of State to reveal publicly the identity of any individual whose visa has been banned for reason of human rights abuse or corruption, thereby providing invaluable information to foreign states, the private sector, journalists, civil society, and any other interested party. H.R. 4140 would enable the Department of Justice to build cases against foreign corrupt officials who extort U.S. persons abroad, a long overdue tool to level the playing field in international business between U.S. companies, which are barred from exporting corruption, and autocratic ones, which are encouraged to do so. Finally, H.R. 4361, the Justice for Victims of Kleptocracy Act, would create a formal mechanism to demonstrate U.S. solidarity with the victims of kleptocracy. It mandates that the Department of Justice create a website listing by country the total funds recovered by U.S. law enforcement that were stolen and hidden in the United States. It expresses further U.S. intent to return those funds to the benefit of the people from whom they were stolen at such a time as the United States can be sure that the money will not be stolen again. This simple transparency mechanism would resonate with journalists, civil society, and citizens of kleptocracies around the world and help them to hold their leaders to account. Fact Sheet: Anti-Kleptocracy Initiatives Supported by the Helsinki Commission

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